CITY OF ROCKY RIVER

SEPTEMBER 8, 2003

Regular meeting of Council was called to order by Mrs. Bobst, President of Council, at 8:05 p.m.

Council Members Present: Mr. Bartolozzi, Mr. Gollinger, Mr. Frost, Mr. Malling,

Mr. Potterfield, Mr. Hurtuk, Mrs. Bobst

Administration: Mayor Knoble, Mr. Linden, Ms. Wollenzier, Mr. Lesiecki

Law Director: Mr. Matty

Press: Mr. Dzurick, Ms. Steigman

The meeting was opened with the Pledge of Allegiance.

Mrs. Bobst was pleased to ask members of the Parks and Recreation Foundation to come forward. Mr. Rick Squire, the president, brought forward a large check for $20,000 which represented the proceeds of the first annual Hole in One Shootout. He credited Robert Frost with the idea and presented the check to the Mayor in support of rebuilding Elmwood Cabin. The Mayor graciously accepted and added that a further fundraiser, a clambake, would be held at the newly opened cabin on October 1. Formal ceremonies to open the cabin will also be held. Mr. Squire reminded all to save toward the next shootout which will begin July 7.

The minutes of the regular meeting of July 28 were read and approved as submitted..

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the reading of the minutes of the Executive Session of July 28 and the Public Hearing and the meeting of the Committee-of-the-Whole of September 2 be waived and that the minutes be accepted as submitted.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Frost, seconded by Mr. Bartolozzi that the reading of the minutes of the meeting of the Safety Committee of July 28 be waived, and that the minutes be accepted as submitted.

Vote: Frost - aye Bartolozzi - aye Malling - aye

3 ayes 0 nays PASSED

MAYOR'S REPORT:

On Wednesday, more than 120 residents attended the ODOT I-90 open house, which he considered very worthwhile. In addition to a power point presentation there were two different talks by one of the representatives of Chagrin Valley Engineering and maps showing where barriers would be constructed. The Mayor then displayed a sample section of fiberglass, one of two materials which can be used in the construction of our barriers. There is an option of filling the empty center with shredded tires. The color chosen for our region is cocoa. Benefits of fiberglass are durability, washability, and ease of repair as compared to concrete, which would be the other choice.

On Tuesday, September 9, both the Beautification Committee (Civic Center) and the Recreation Facilities Task Force (Rec Center) will meet at 7:00 p.m.

A solemn moment is planned for September 11. At 7:00 a.m. members of the Police Department will lower the flag to half staff.

Saturday, the Senior Center is sponsoring "Junk in a Trunk", a garage sale alternative. For $20/car or $25/van or truck, residents can sell as much as they can. Sign up at the Senior Center.

A fax has been received from NOPEC dated August 5 stating that another mailing will be sent to natural gas customers within the next two weeks. Judging from the 10 or so calls per day received at City Hall, the original mailing has been received. The Mayor emphasized again that residents who are currently enrolled with a company other than Dominion East Ohio will not receive an opt-out letter until that contract expires.

LAW DIRECTOR'S REPORT:

On August 27, the City filed suit in Common Pleas Court against Dominion East Ohio Gas. The case has been assigned to Judge Janet Burnside. The City is seeking to be reimbursed for the more than $78,000 in costs incurred in delays when an unidentified gas line held up construction. These funds were charged to the City by ODOT.

The 59^th monthly report of the train settlement case shows that an average of only .9 trains per day passed through the City in July.

Ordinances passed before the Council recess authorized the sale of Hilliard Blvd. land remnants. Two parcels have been transferred as of last Thursday, with one selling for $20,200 and the other for $5200.

Finally, the Law Director requested an Executive Session to discuss a matter of imminent litigation.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Gollinger has received a letter of appreciation from Scott Schumacker. (Exhibit "A")

Council members and administration have received a letter from Dr. John and Ing-Britt Thesken. Their request will be considered under Miscellaneous Business. (Exhibit "B")

The Safety Committee will meet on September 15 at 7:00 p.m. in the Committee Room. This change was made because City Architecture will come to give a progress report on the Master Plan update process.

An invitation has been received for a representative to meet with John C. Mok, Director of the airport on September 30. Mr. Gollinger will attend. (Exhibit "C")

A new guide to Rocky River City Parks has been compiled by the Recreation Department. It shows the location of the parks, rules and amenities.

AUDIENCE PARTICIPATION:

Robert Kelly, 20177 Westhaven Lane, Rocky River Development Group. Mr. Kelly was present to answer questions which may have arisen on Ordinance No. 110-03. He has once again spoken to abutting property owners to answer concerns, and reported that they have no objections.

ORDINANCE NO. 110-03 BY EARL POTTERFIELD

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NOS. 301-17-007 THROUGH 301-17-017 & PERMANENT PARCEL NO 301-07-027 FROM ITS PRESENT CLASSIFICATION OF LOCAL BUSINESS (LB) TO TOWNHOUSE (TH-R3C) IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"

3^RD READING

Moved by Mr. Potterfield, seconded by Mr. Hurtuk , that Ordinance No. 110-03 be passed as read:

Discussion: Mr. Potterfield noted that this ordinance has been reviewed and approved by the Planning Commission. A Public Hearing has been held and the ordinance has been reviewed by the Master Plan Working Group and discussed by Council. It has been thoroughly reviewed and public input has been received.

• •Mr. Gollinger voiced his concern about moving forward before a final report has been received from the Master Plan consultant. Referring to an article from the WestLife, Mr. Gollinger said that Paul Volpe (the consultant) was quoted as saying that "progress should not stop but they should slow down. I believe the plan is important enough that one should be more serious and scrutinize all development while the plan is being formed." Mr. Gollinger noted that he had supported Astor Place before the plan, but now that planning is under way, he would like to consider it seriously before voting.



• •Mrs. Bobst attended the last meeting of the Master Plan Working Group which currently has a downtown Rocky River focus. It will be several more months before the final plan is available. The committee felt that a townhome zoning would be compatible with the present project under way in the quadrant and the plan for the area. Since Council has a request before it, full consideration must be given. As mentioned at the Public Hearing, Council's role is rezoning, not the project and its details.



• •Mr. Malling noted that at the Public Hearing of September 2, Mr. Koran said that although fine tuning may be necessary, the rezoning would be acceptable. The Economic and Community Development Advisory Board also is in favor of the rezoning.



• •Mr. Gollinger pointed out that it was also brought out at the Public Hearing that the gas station and hamburger place would remain if the whole parcel is not rezoned at one time. They would be too expensive for a single project, but could be blended into a large project if the entire area were to be rezoned at one time.

Vote: Bartolozzi - aye Gollinger - nay Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

6 ayes 1 nay PASSED

ORDINANCE NO. 150-03 BY JAMES J. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT FOR TELEPHONE SYSTEM MAINTENANCE WITH MVD COMMUNICATIONS, LLC. THEREBY CONTINUING THE EXISTING TWO YEAR PHONE MAINTENANCE CONTRACT THROUGH SEPTEMBER, 2004 AT A COST NOT TO EXCEED $9,976.00 PER YEAR

1^ST READING

Moved by Mr. Bartolozzi, seconded by Mr. Gollinger, that the rule requiring that Ordinance No.150-03 be read on three separate days be suspended, and that Ordinance No. 150-03 be placed upon its passage:

Discussion: The current provider has been purchased by MVD which will take over the accounts. Mr. Bartolozzi asked that the contract be monitored over the remainder of the time it is in force.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Bartolozzi, seconded by Mr. Gollinger, that Ordinance No. 150-03 be passed as read:

Discussion: It appears that this is the best option for the City.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 151-03 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH FABRIZI TRUCKING AND PAVING CO. INC. FOR THE INGLEWOOD AVENUE IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $899,792.00

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Frost, that the rule requiring that Ordinance No.151-03 be read on three separate days be suspended, and that Ordinance No. 151-03 be placed upon its passage:

Discussion: This project has been under consideration for a long time, and has been delayed many times during that period. Passage now would insure that when the contractor is ready to begin work this month, the contract will be in place. This has gone to public bid and this is the lowest bidder as recommended by the consultant. Mayor Knoble indicated that for those who remember the problems encountered by the subcontractor chosen by the County when Fabrizi was working on Wagar, he wished to point out that their handling of the Westway and Hilliard projects where there were no subcontractors led to not one complaint.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Frost, that Ordinance No. 151-03 be passed as read:

Discussion: This street has had a number of problems. This will replace water lines, sewers, repave, curbs, and some sidewalks. Although the project may not be completed this year, water and sewer lines should be done before weather calls a halt. Mr. Frost asked if any subcontractors will be used. Mr. Lesiecki said that a paving subcontractor will be necessary, but that the City will have its own inspector.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 152-03 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GGJ, INC. FOR CONTRACT ADMINISTRATION SERVICES DURING CONSTRUCTION OF THE INGLEWOOD AVENUE IMPROVEMENTS AT A COST NOT TO EXCEED $16,000.00

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Bartolozzi, that the rule requiring that Ordinance No.152-03 be read on three separate days be suspended, and that Ordinance No. 152-03 be placed upon its passage:

Discussion: This is a companion and should be in place when the project begins. GGJ has done work on the project already, so it is a good choice.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Frost , that Ordinance No. 152-03 be passed as read:

Discussion: Mr. Lesiecki said that the scope of work is outlined in the ordinance. The construction ombudsman is the inspector.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 153-03 BY THOMAS A. MALLING

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO APPLY FOR FINANCIAL ASSISTANCE FROM THE STATE ISSUE 2 INFRASTRUCTURE BOND PROGRAM FOR THE FUNDING OF VARIOUS CAPITAL INFRASTRUCTURE IMPROVEMENT PROJECTS

1^ST READING

Moved by Mr. Malling, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 153-03 be read on three separate days be suspended, and that Ordinance No. 153-03 be placed upon its passage:

Discussion: This should not be delayed so that work can begin on the applications for State Issue 2 funds.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Malling, seconded by Mr. Hurtuk, that Ordinance No. 153-03 be passed as read:

Discussion: Mayor Knoble is currently holding meetings to determine how best to use Issue 2 funds. We have many needs, and there are grants and interest-free loans. The City is considering a combination and the current emphasis is a Phase II Wooster/Story sewer project.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

The Mayor also announced that the Cuyahoga County Mayors and Managers Association had appointed him to be an alternate member of DOPWIC. (District One Public Works Integrating Committee).

ORDINANCE NO. 154-03 BY MAYOR WILLIAM F. KNOBLE

AN EMERGENCY ORDINANCE AMENDING SECTION 153.02 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "SICK LEAVE FOR EMPLOYEES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that Ordinance No.154-03 be read on three separate days be suspended, and that Ordinance No. 154-03 be placed upon its passage:

Discussion: Mrs. Bobst reported that an Employee Handbook is currently being assembled. In that process, it was noticed that one group of part-time employees had a benefit of sick leave which no other part-time employees had. This ordinance will insure that there is no discrimination in this respect, and eliminates sick leave for school guards.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Gollinger , that Ordinance No. 154-03 be passed as read:

Discussion: Mrs. Bobst noted that sick time already accumulated by guards can be retained.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 155-03 BY MAYOR WILLIAM F. KNOBLE

AN EMERGENCY ORDINANCE AMENDING SECTION 153.06 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "HOLIDAYS" AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

This is an ordinance which makes a change in the holiday time given to City Hall employees. It will be discussed at the next Committee-of-the-Whole.

ORDINANCE NO. 156-03 BY JAMES J. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO SIGN A MEMBERSHIP APPLICATION AGREEMENT TO PARTICIPATE IN THE 2004 OHIO RURAL WATER ASSOCIATION GROUP RATING PLAN AT THE AUTHORIZING ENROLLMENT FEE OF $7,384.00 AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Moved by Mr. Bartolozzi, seconded by Mr. Gollinger, that the rule requiring that Ordinance No.156-03 be read on three separate days be suspended, and that Ordinance No. 156-03 be placed upon its passage:

Discussion: Currently, the City's Workers' Comp is contracted through the Ohio Municipal League. This new group rating plan should provide better communication and better savings. In order to use the new administrator, membership in the Ohio Rural Water Association Group Rating Plan is required. This ordinance authorizes that enrollment. Savings are estimated at $50,000-$60,000 per year.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Bartolozzi, seconded by Mr. Gollinger , that Ordinance No. 156-03 be passed as read:

Discussion: See discussion above.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 157-03 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO SELL THREE (3) USED POLICE CARS AND ONE (1) USED FORD TAURUS NO LONGER NEEDED FOR CITY USE WHICH WERE PUBLICLY BID ON AUGUST 29, 2003 FOR A TOTAL SUM OF $17,547.00

1^ST READING

Moved by Mr. Hurtuk, seconded by Mr. Potterfield, that the rule requiring that Ordinance No.157-03 be read on three separate days be suspended, and that Ordinance No. 157-03 be placed upon its passage:

Discussion: Mr. Hurtuk said that he favors an ordinance which brings income to the City, and it should not be delayed.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mr. Potterfield , that Ordinance No. 157-03 be passed as read:

Discussion: The City tries to replace three cars per year, and then has cars it no longer needs. The Mayor added that some changes have been made, that Mr. Winterich and Mr. Koran are currently driving two of the better used police cars, but these were judged not worth keeping, so they should be sold.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 158-03 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE NINE MDT LAPTOP COMPUTER SYSTEMS FOR THE POLICE DEPARTMENT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM COMPUTER MANAGEMENT INTERNATIONAL AT A TOTAL COST NOT TO EXCEED $30,205.00 AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Hurtuk indicated that this purchase will be discussed at the next meeting of the Committee-of-the-Whole.

ORDINANCE NO. 159-03 BY EARL W. POTTERFIELD

AN ORDINANCE REPEALING ORDINANCE NO. 99-2000 AND REPLACING IT WITH THIS ORDINANCE DESIGNATING DEPOT STREET AND WEST 192^ND STREET AS TWO-WAY STREETS IN THE CITY OF ROCKY RIVER, AND DECLARING AN EMERGENCY

1^ST READING

Mr. Potterfield indicated that this ordinance will be referred to the Planning Commission for consideration at its next meeting.

MOTION:

Moved by Mrs. Bobst, at the request of the Law Director, that an Executive Session be held immediately following the meeting to discuss a matter of imminent or pending litigation under Article X, Section 6, Subsection 3.

Vote: Bartolozzi - aye Gollinger - aye Frost - aye

Malling - aye Potterfield - aye Hurtuk - aye Bobst - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Malling requested that the Administration and Council review legislation to prohibit vehicle parking on lawns.

Mr. Frost reported that in response to his request that Council members point out other intersections to be considered for a permitted right turn on red, Mr. Potterfield had requested such consideration for Country Club and Hilliard. As there were no other suggestions, Mr. Frost indicated that he will contact the Law Director to request legislation be drafted for Council consideration.

Dr. John Thesken, 20051 Laverne Avenue, came forward to address his appeal to the City Council for a review of the variance granted to Jose and Sandra Arancibia, 20031 Laverne Avenue. Dr. Thesken pointed out that the variance, which grants a 4.5' side yard setback instead of a 7.5', is substantial and would impose a substantial detriment to his property, restricting air, light and privacy. He suggested that the addition could be made to the eastern side of the

Arancibia property which is undeveloped.

Dr. Thesken also maintained that the appeal process was not followed in two respects:

• Under Chapter 1177.10 (e), a narrative statement demonstrating that the requested variance conforms to each of the standards of Section 1177.11 is part of the application. Such a statement was not included in the Arancibia applications. The narrative was required, however, of a later applicant.
• Under Chapter 1177.11(a)(2), Dr. Thesken stated that a rational thesis was not used to explain practical difficulties.

Maintaining that the process was not fair or correct, Dr. Thesken pointed out that the minutes of the BZA meeting do not reflect their complete arguments, and questioned whether their rights were given equal consideration. He requested that the Council review the decision and hear their arguments.

President Bobst reviewed the Charter provisions for appeal by reading Article VI, Section 2, (1)(B). She pointed out that the Charter requires five affirmative Council votes to approve a request for review. Council may then affirm, reverse, amend or modify the decision of the Board.

• Mr. Matty asked if an elected official or other party specified in the Charter wished to request a review, since Dr. Thesken is not the applicant and therefore does not qualify. Mr. Malling, the Ward 4 Councilman agreed to request the hearing.
• Mr. Matty then explained that the minutes of the BZA are summary minutes, not verbatim. With agendas of 15-16 items, summary minutes are the only practical form of reporting. Mr. Matty was present at the meeting and did not recall that presentations were curtailed, but rather that the variance was discussed at some length by both parties. The Law Director added that a decision must be made tonight, as the Charter allows only seven days before the variance is final.

Mrs. Bobst asked Dr. Thesken about his statement in documents submitted that the wall facing the side of his home would be 110' long. Dr. Thesken said that a wall of 66' at 4 1/2' from his property would block as much light as 110' at 7 1/2' or a 67% difference.

When asked by Mrs. Bobst if, at the meeting an offer was made to postpone or extend the decision, Dr. Thesken replied that it was not. He further stated that the only letter he received notifying him that a neighbor had applied for a building permit did not mention the variance request.

• •Mr. Matty noted that he had checked with Ms. Ventimiglia, secretary to the Boards and Commissions, and her records indicate that three notifications were sent: notice of hearing, notice concerning the protest, and an agenda. Dr. Thesken also visited City Hall. Dr. Thesken acknowledged that he had been notified of the application for a building permit and had then visited City Hall and learned of the variance. He maintained that the agenda was the first notice to the public.

Dr. Thesken once more raised the issue of standards in Chapter 1177.11 and repeated that the narrative which was not required of this applicant was required of another applicant later in the evening. At that point the chairman walked that applicant through the seven points to determine his practical difficulties.

Sandra and Jose Arancibia, 20031 Laverne Avenue came forward. Mrs. Arancibia indicated that their project had already been delayed because it had been scheduled for BZA review during the blackout. She pointed out that their variance had been unanimously approved by the Board, and that it involved a continuation of their house line. The other side of their home had their driveway and garage, and the addition cannot be placed there. She and her husband are anxious to proceed because their project involves replacement of heating and air conditioning and the roof which should be done as soon as possible.

As a final statement, Dr. Thesken noted that the aim is for a fair process and a correct conclusion from that process. If the process is not conducted properly, how will you know if a conclusion has been reached in the proper manner? He expressed disappointment in the BZA and requested that City Council hear his case.

Mrs. Bobst noted the percentage of the variance and wondered how often similar variances had been granted by the BZA. She reminded Council members that according to the Charter, a request for review may be granted if it finds and determines that one or more matters at issue affect or involve a purpose of the City's development code.

Mr. Matty made the following comments based upon his observation at BZA meetings:

This is not a case involving new construction. The City has small lots; the current house, which is a certain distance from the side yard, wishes to extend the line of the house with an addition the same distance from the side yard. In these cases, the Board usually grants such a variance. Most homes were built before the code took effect in 1973 so the question is raised from time to time. In this case, Mr. Matty's observation is that the applicant and the neighbor both presented their cases, with discussion and questions; reasons were given for increasing the size of the home; the neighbor entered objections, and it was voted upon.

Mr. Lesiecki, as a former BZA member, acknowledged that applications of this nature were quite common, and were usually passed if they were not new construction. Although he was not in attendance at this meeting, he recalls that all residents were given sufficient time to present their cases and then a vote was taken if the Board felt it had enough information to proceed.

Mrs. Bobst confirmed that no additional variances would be required.

Mr. Malling asked for the qualifications required of BZA members in the Charter. Mr. Matty read from the Charter that of five members, at least three of whom shall be architects or professional engineers duly licensed or registered by any state.

Mr. Frost noted that he had attended the meeting because of another matter and had heard most of the presentation of the Arancibias and the Theskens. He felt that both parties were given a fair hearing and the Board granted the variance in recognition that their need for space was reasonable as was their wish to extend the line of the house.

Mr. Malling urged the Mayor and Director Lesiecki to to take note of allegations which were made about the appeal process and to see if there was any validity to them. If the proper procedures are not in place, steps should be taken to prevent a recurrence. Further, Mr. Malling acknowledged that he is neither an architect nor an engineer. He indicated that he felt torn between his wish to help a constituent and his obligation to act as an appellate judge and decide what should be done. He said that in good conscience, he could not support a hearing.

Mrs. Bobst added that it was very difficult to make decisions as neighbors and neighborhoods struggled with issues. She would like all to pay attention to the process and details to be sure the process is followed. In the end, however, one party is usually happy, and the other unhappy.

Mr. Matty defended the legality of Council review as it stands in the Charter since it has been voted upon by residents. His opinion is that, unless instructed by a court, this is a legal procedure. He urged Council not to vote no because they do not agree with the procedure in the Charter.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the Rocky River City Council agree to review the granting of the side yard variance by the Board of Zoning and Building Appeals to Jose and Sandra Arancibia, 20031 Laverne Avenue.

Vote: Bartolozzi - nay Gollinger - nay Frost - nay

Malling - nay Potterfield - nay Hurtuk - nay

Bobst - nay

0 ayes 7 nays FAILED

Bart Connelly, 324 Cornwall. Mr. Connelly came forward because a house on the southwest corner of Beach Cliff and Cornwall was recently purchased at Sheriff's auction. He has heard that demolition of the current garage is a possibility and its replacement further toward Cornwall with a family room behind it. This would totally change the sight line on Cornwall, and would be opposed by neighbors. He would like to see measures taken to prevent this from happening.

The meeting was adjourned at 9:45 p.m.

_______________________________ _______________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council

Please note: This is a draft copy of the minutes of the Legislative Meeting of September 8, 2003. These minutes may be amended or revised at the next Legislative Meeting.