DRAFT
CITY OF ROCKY RIVER
SEPTEMBER 13, 2004
Regular meeting of Council 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. Thomas, Mr. Lesiecki
Law Director: Mr. Matty
Press: Mr. Kelley, Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the reading of the minutes of the Legislative Meetings of July 12 and July 26, the Special Meetings of August 25 and September 7, and the meeting of the Committee-of-the-Whole of September 7 be waived and that the minutes be accepted as submitted.
Discussion: Mrs. Bobst commented that at the last Legislative meeting, Mayor Knoble raised the question of what he considered campaign literature included as an exhibit to the minutes of July 12. Mrs. Bobst has been in touch with the Law Director who stated that currently Council has no rules covering this type of communication. She also spoke to John Mahoney of the Ohio Municipal League who stated that Council has the right to regulate such submissions to the public record. Mrs. Bobst indicated that it is not the desire or intent of Council to delineate items permissible. Persons who use this forum for items of self-aggrandizement, commercial or political content risk losing public favor, but at this point, Mrs. Bobst requested that the minutes be approved with exhibits as submitted. This policy will be reconsidered in the future if necessary.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Frost, that the reading of the minutes of the Contracts - Government and Judicial of July 26 be waived and that the minutes be accepted as submitted.
Hagan - ay Frost - aye
2 ayes 0 nays PASSED
MAYOR'S REPORT:
The first ever Employee Handbook, hot off the presses, was distributed to Council members. This will be a living document, and as circumstances arise or change, it will be amended. The Mayor indicated that he was pleased with the work of the Human Resources Administrator, the Law Director and all the directors, commissioners and staff members whose input made the volume possible. He encouraged all to read it and forward any comments or questions. Copies will be maintained in all departments.
The groundbreaking for the construction of the outdoor aquatic center was held on a very nice day. The Mayor hoped for more good weather to speed construction and help it meet its deadline before next year's swimming season.
The State of Ohio has received its bids for rock salt, and the prices are almost the same as last year. He still hopes we do not have to use too much this winter, but when we do, it will be at pretty much the same price as last year.
Discussion: Mr. Hurtuk asked about the restriping which creates parking spaces on Detroit close to Wooster. He feared it might look confusing at night and wondered if the Administration has received calls.
Mr. Hurtuk felt that with poor visibility, it may not be clear at night, and the Mayor agreed to review the area.
Mr. Hagan reported that during the August recess, he had met with the Mayor, Mr. Linden, Chief Wagner and Lakeview Avenue residents to address the speed issue. The speed limit was painted on the street in an effort to communicate with motorists. Mr. Hagan indicated that when 100 speeding tickets are issued in one month on Lakeview, more ideas are necessary. The search for solutions is ongoing.
LAW DIRECTOR'S REPORT:
Mr. Matty reported that in August, Bruce and Linda Hickey, 19740 Shoreland Ave. filed suit against the City, appealing a ruling of the BZA revolving around a driveway which was to have been located 3' off the side yard. They were granted a partial variance of 1½'. After the appeals case was filed, they have put in a driveway 1½' from the line and have voluntarily dismissed their suit, so it is no longer pending.
Mr. Matty then discussed the Master Plan from the legal point of view. The last Charter amendments instructed the Mayor to prepare a General Comprehensive Plan, or Master Plan, by May 15, 2005. The prepared plan has been submitted, and the process now begins whereby Council will review the plan. An independent body, the Planning Commission, will also review the plan. Council's job is to review, analyze and bring it to its constituents. This is a working document which will be finalized upon adoption. Mr. Matty commented that ward council members are as close to residents as any elected officials, so he suggested that the goals be divided among ward and at-large members.
Mr. Matty also emphasized the importance of public input. He said that Mr. Koran's number of 154 residents who participated may refer only to those who voiced their opinions, because a population of over 20,000 requires more community involvement and input. There is no time constraint, as Mr. Matty added that if it takes one week, or one year, the process must be followed. Council must decide how to communicate with the residents. He suggested, for example, meetings in the nine focus areas, and information in newspapers. After adoption, Council controls only zoning areas and the budget. Six months after adoption, he would hate to see residents protest a development that is in agreement with the plan. They should know now so that comments can be made now and the plan can be contoured to what they want. It would be difficult to change a proposed development that is in concert with the Master Plan. This must be given sincere review and input from residents.
Mr. Matty also urged Council members to have questions ready for the consultants when the plan is formally presented next week. After study and meetings with residents and their input, perhaps another meeting should be held with consultants if there are more unanswered questions. He has secured two articles on master plan process and statewide zoning laws which apply. These will be distributed to Council members who are urged to call him with questions.
Finally, if Council does pass the Master Plan and wishes to implement it by changing parts of the Code, he suggested that the City's employees and staff members be called upon to accomplish those changes rather than hiring a consultant. With the Building Commissioner, Law Director, Economic Development Director and other staff members, he felt that drafting changes in zoning and zoning district ordinances can be accomplished. For example, if Council wishes to create a mixed retail district, it could be done with in-house personnel. Or if density is too little or too great, Commissioner Beirne has experience in that field. Using City employees is not only economically wise, but wise because expertise and community knowledge are here.
A hearing was held in August on the Varney application for a liquor permit at the BP station on Lake Road. The board ruled against the City and the permit will be issued unless the City appeals within 30 days.
The 71st monthly settlement report on railroad traffic has been received. For July, an average of 2.4 trains per day have passed through the City. The issue of "quiet zones" will be referred to Council's Environmental Committee. South of us, railroad traffic is up to 110-120 trains per day and a pilot project is being implemented for quiet zones. Interest in the topic has been expressed by Arturas Bandza of 953 Elmwood. Implementation of a quiet zone would require financial resources. Another resident, Mr. Decaro of Wagar Road has the same concern.
On Ordinances 115-04 and 116-04, Mr. Matty requested that they be placed on hold. Following the Phase I study conducted some time ago, City officials met with two EPA officials and two county health officials. The EPA officials requested for a temporary hold on further action until more testing, including core samplings, can be done at the site. The EPA representatives were taken to the site for observation. Their concern was for the location of the solid waste facility and particularly that the purchaser of the property be aware of that location and its implications for building on the property.
In August, the Board of Elections responded to the City's request by setting the ballot language for the proposed expansion of the Don Umerley Civic Center. He approved it on August 25, and because of its importance, sought the counsel of Mr. Babbit who concurred in his approval.
Discussion: Mr. Hurtuk raised the question of the BP station on Lake Road and its request for a liquor permit. He believes that the City should continue its objections to the issuance of new permits to sell alcoholic beverages in gas stations.
MOTION:
Moved by Mr. Hurtuk, seconded by Mr. Hagan, that Council support the appeal of the decision of the Division of Liquor Control to allow a permit to Varney Enterprises, Inc., #9224600.
Discussion: Mr. Gollinger asked why this permit was granted when objections are usually upheld. Mr. Matty noted that the last two permits have been approved over the City's objections and the Shell at Wooster and Hilliard is still in the appeals process. One reason may be that not all cities have the same concern as this Council. Only a handful of cities now do not allow alcohol sales from gas stations. Also the state receives revenue from the issuance of permits. At this hearing, Mr. Matty was most appreciative of the support of Dr. Allen who interrupted his vacation to testify that he did not want this location which is so close to Kensington School. Even with his help, the objection was denied.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
COMMITTEE REPORTS:
Parks and Recreation Commission: Mrs. Bobst announced that the commission will meet on Wednesday morning at 8:00 a.m. at the ice rink pavilion.
Finance Committee: Mr. Hurtuk has received a copy of the Moody's bond rating which confirms an Aa2 rating, the second highest. This will be discussed by Mr. Hurtuk next week and copied to Council members. This rating will apply both to bonds to be issued shortly and the existing bond issue which now has about 10 years left and will be refinanced to take advantage of more favorable rates. Mr. Hurtuk added that he will schedule a meeting of the Finance Committee to open discussions of the 2005 budget no later than mid-October. After conferring with the Finance Director and members of his committee, he will offer possible dates next week.
COMMUNICATIONS AND ANNOUNCEMENTS:
Mr. Gollinger has received two press releases from the Cuyahoga County Solid Waste District. The first announces a thermometer exchange in which residents will receive a digital thermometer if they bring in an old mercury thermometer. The second keeps discards from the waste stream by publicizing organizations that can use supplies and materials no longer needed by residents.
Mr. Frost received a letter over the recess from Norman and Patricia LaFlamme in opposition to the ballot issue. (Exhibit "A")
A thank you note has been received by Mrs. Bobst in appreciation for the flowers sent in honor of William H. Knoble.
Mrs. Bobst reminded everyone that Community Challenge will hold its Open House tomorrow in its new offices at 20525 Center Ridge Road, Suite 518, from 3:30 to 6:00 p.m.
Two pieces of correspondence have been received from Fred I. Sokol, "River Citizens Blast City Officials at 9-7-2004 Council Meeting!" (Exhibit "B") and "Rocky River Taxpayers Beware of ...River City Government" (Exhibit "C")
Mayor Knoble stated that he protested including the last two pieces of correspondence which he said were totally inappropriate for a public document.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, addressed Ordinance No. 131-04, the Bates Road/Orchard Park waterline improvements. He listened to the arguments last week and felt that some good points were raised. He related a story of how he had lived on Puritas Rd. in Cleveland at one time. In one repair project the street was asphalted and the repair did not seem to last. More recently, it had been replaced with concrete which appeared more solid and has lasted despite winters and heavy traffic. He stands with the residents who requested concrete and want sidewalks updated for the safety of the neighborhood.
Patricia LaFlamme, 1 Baldwin Lane, also spoke on Ordinance No. 131-04. She has lived on Baldwin Lane for 15 years. She thought $350,000 was too little to spend on such a large project. Mrs. Bobst pointed out that this was an addition to the $2.1 million already appropriated. Mrs. LaFlamme also commented that the area is in deplorable condition, particularly Bates and Berry and she feels that curbs and aprons should be replaced where they have been removed.
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 these ordinances which create regulations for drive-through businesses. They have tabled their discussion pending further input from Council or the general public.
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.
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 continues on hold as requested by the Law Director.
MOTION:
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No.101-04 be amended to include the lease of municipal real property as well as the sale, as shown in the amended ordinance.
Discussion: This ordinance has been read twice, and at the last Committee-of-the-Whole, the Contracts committee recommended including the lease as well as the sale of municipal real property.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
AMENDED ORDINANCE NO. 101-04 BY BRIAN F. HAGAN
AN ORDINANCE ADDING SECTION 123.05 ENTITLED "SALE OR LEASE OF MUNICIPAL REAL PROPERTY" TO THE ROCKY RIVER CODIFIED ORDINANCES AND DECLARING AN EMERGENCY
3RD READING
Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 101-04 be passed as read:
Discussion: In reviewing the minutes of the Contract Committee and the discussion at the last Committee-of-the-Whole, Mr. Hagan indicated that this could be another negotiating tool. Mr. Matty asked that the record reflect that this ordinance takes what is allowed in (a) l. and adds four other methods that Council may consider in the sale or lease of municipal real property. Under the Charter, only bidding under the state code is allowable.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
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"
Mr. Potterfield indicated that this ordinance and Ordinance No. 116-04 will remain on hold per comments by the Law Director.
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"
See discussion for Ordinance No. 115-04.
ORDINANCE NO. 131-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO APPROVE CHANGE ORDERS FOR DIGIOIA-SUBURBAN EXCAVATING, LLC FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE ORCHARD PARK/BATES ROAD AREA WATERLINE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $350,000.00
2ND READING
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 131-04 be read on three separate days be suspended, and that Ordinance No. 131-04 be placed upon its passage:
Discussion: Mr. Hagan commented that Council had heard from citizens last week. Council would like to see the work proceed and the job done this year.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Frost, that Ordinance No. 131-04 be passed as read:
Discussion: Mr. Hagan turned to Mayor Knoble for an update on the work being done. The Mayor began with a short background for those who were not present last week, including the decision of this Administration to place the waterline project at the top of the priority list based on the number of breaks. Issue 2 funds were applied for and granted to help finance the project. As with other streets, the sewers were videotaped and the decision was made to replace some storm and sanitary sewers so that the street would not have to be disturbed once paving was complete. Letters were sent to residents in March and the Mayor said that the only omission might have been the information that the entire area would be replaced with blacktop as has been done for many years. In the course of the project, it was discovered that additional work was necessary to do the job right, and three streets which were discovered to have no base will now be rebuilt. Areas damaged during construction will be restored, and where necessary, more curbs and aprons than originally planned. This ordinance will provide $350,000 for those additions on top of the original $2.1 million allocated for the original project.
During the week, an extensive research project has been undertaken. All City street projects were reviewed back to 1998 and evaluated to compare what needed to be done. The Mayor met with the City Engineer and the consulting engineer, and concluded that the cost to replace all curbs and aprons would be another $773,743.10 on top of the $2.1 million and $350,000. This figure is based on good linear footage rates. The Mayor drove through the area on Thursday and again today. While the project is not yet complete, and other changes may be made, the Mayor stated his position that he is not in favor of expanding the program beyond $350,000. He thinks it is foolish to dig up good aprons and curbs and replace good concrete with more concrete. He said that he is in his 27th year of public service and he has never proposed something to buy votes. If residents think this over, they will, he is sure, believe this is a good thing.
Mr. Frost expressed concerns that he wished to have brought out before the vote was taken:
Mr. Frost thanked the engineer for all the work done on the additions. Council continues to welcome comment and if necessary, further review another evening.
Mr. Gollinger stated that he wished to clarify some misunderstandings expressed earlier by Mrs. LaFlamme and regretted that she was no longer present. She said that she was advised by someone that no curbs would be replaced, but that is not so. They will be replaced in kind wherever required or damaged. He agrees that wholesale replacement makes no sense and he is not in favor of replacing good concrete with good concrete. He asked Mr. Lesiecki if all the curbs would be of uniform height. Mr. Lesiecki said that, on the same street, the height would be the same.
Mrs. Bartolozzi indicated that she had driven the area on Wednesday afternoon and also walked through it. It is obviously still in the middle of construction and it is hard to judge how the finished product will look. She agrees it is wasteful to remove good concrete. The Administration will look at the curbs and aprons and replace what needs to be replaced.
Mrs. Bobst thanked the Administration as well as residents, noting that this is a very emotional issue. She thanked Ron Gottschalk who spent two days putting together statistics so that Council can look at this project in the context of the entire City and how other projects were treated to make sure that this project has the same treatment as any other. Because this area has nine streets, it is a very aggressive and comprehensive project and very expensive, but it is the right thing to do so that it will be torn up only once. Council is moving ahead so that all issues of safety including sidewalks, tree lawns, curbs etc. will be addressed. If other issues arise, Council will be willing to listen. Mayor Knoble will be in communication with all residents. She intends to vote for this ordinance so that it can move ahead and be completed by November.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
RESOLUTION NO. 133-04 BY EARL W. POTTERFIELD
A RESOLUTION ADOPTING A COMPREHENSIVE GENERAL PLAN KNOWN AS THE ROCKY RIVER MASTER PLAN
1ST READING
Mr. Potterfield referred to the general comments on this subject by the Law Director and noting that in the ordinance, the Master Plan "shall serve as a guide for all future actions of the City", asked how stringently that would be applied if it is passed in its current form.
Mr. Potterfield said that because of the importance of this document, ward council members may want to hold ward meetings. Details can be discussed at the Committee-of-the-Whole. The existing schedule of meetings is tentative and may be supplemented.
The plan will also be referred to the Planning Commission for independent review.
Mrs. Bobst asked all members to note concerns and requests for additional information and refer those requests and questions to Mr. Koran. City Architecture will come next week to present the plan to Council.
ORDINANCE NO. 134-04 BY BRIAN F. HAGAN
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A WESTSHORE COUNCIL OF GOVERNMENTS AGREEMENT FOR THE CENTRAL FIRE DISPATCH CENTER, AND DECLARING AN EMERGENCY
1ST READING
Mr. Hagan referred this ordinance to the Contracts Committee and called a meeting to discuss it for September 27 at 7:00 p.m. Mrs. Bobst suggested that documents be reviewed in preparation for the meeting: a memo to the mayors, a letter from the Automated Services Group of May 2, and a letter from Mayor Sutherland to Mr. DeGrandis.
Mayor Knoble also indicated that the original cost of equipment is included, but a FEMA grant will cover those expenses.
ORDINANCES AND RESOLUTIONS UNDER CONSENT
ORDINANCE NO. 130-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH COMPMANAGEMENT, INC. TO PARTICIPATE IN THE 2005 OHIO RURAL WATER ASSOCIATION GROUP RATING PLAN AT THE AUTHORIZING ENROLLMENT FEE OF $12,652.00 AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Mr. Hurtuk explained that this is an annual fee to participate in this association which lowers the workers' compensation premium paid by the City.
ORDINANCE NO. 132-04 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO CONTRACT WITH DYNACOM, INC. FOR AN EXHAUST EXTRACTION SYSTEM AND INSTALLATION WITHIN FIRE DIVISION AT THE CITY OF ROCKY RIVER AT A COST NOT TO EXCEED $35,245.00
1ST READING
This ordinance will provide a system for the Fire Department which will exhaust diesel fumes. Because a grant was applied for and awarded, the City will pay only $3500 for a system which costs $35,000.
Mr. Frost expressed his thanks to Lt. Kevin Bednarski for finding a system which satisfies our needs.
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that Ordinances No. 130-04 and 132-04 be read on three separate days be suspended, and that the above ordinances be placed upon their passage:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mr. Potterfield and Mr. Hurtuk, that Ordinances No. 130-04 and 132-04 be passed as read:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Matty requested that Mr. Bandza be notified before Environmental Committee discussions of the railroad quiet zones.
His second request was for an Executive Session to discuss a matter of pending litigation.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Frost, that an Executive Session be held immediately following the meeting for a conference with an attorney for the public body concerning disputes involving the public body that are the subject of imminent court action under Article X, Section 6, Subsection 3.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, applauded Mr. Matty, the Administration and Council for moving forward with the Master Plan and with communication through ward meetings. In his experience it was helpful to have a visual presentation of ideas, e.g. blackboard listing of issues which he suggested might be helpful.
Patti and John Helleis, 19425 Shoreland Avenue. Mrs. Helleis indicated that they lived next door to the Hickeys and she said that they still have issues and frustrations. The Helleis family has protested variances which were not granted, then resubmitted within a year. That family has been spiteful to hers, and at present, they do not have a garage. Their driveway is not at grade and has been installed 5" to 10" lower than the Helleis lawn so that their property will be eroded. The City's inspector allowed the Hickeys to remove the driveway without a permit. It is an unsafe height. No one has lived in the house for a year, but junk has been stored on the property. She would like something to be done.
Joe Pianecki, 19400 Shoreland Avenue, Mr. Pianecki added to Mrs. Helleis' comments by stating that there was no sidewalk in front of the Hickey home for three months. He said that this is not a situation that would happen on Council's streets and it was done without permission. After speaking with the Mayor, the sidewalk was poured within one week. He would like to see an ordinance which states that if anyone wishes to change more that 25% of their property, the entire plan needs to be approved before construction. He said that 40% of the Hickey property is now garage. When the sidewalk was removed, no one did anything, and that is not right.
As to the new sidewalk, a drop of 10" is dangerous to children who might stray from the sidewalk and could then have a serious fall. Who allowed this to happen? He has two issues: their problem and 2) their plan approval by the Building Commissioner. Why are the rules not enforced?
Mayor Knoble said that he did not disagree with anything said, and that he had received phone calls. This is a classic neighborhood feud. As he has discussed many times, because there are laws does not mean that everyone will follow them.
Mrs. Bobst asked if they had been cited. The speakers responded that a number of warnings had been issued, but only one citation. They feel that this man does what he wants to do.
Mr. Matty acknowledged that he did not know the history of the inspections or the history of the warnings, but he had attended the BZA meetings. There was some time between the two appeals. After review, Mr. Lesiecki indicated that the issue of grade is between neighbors. The City has no input unless it is not as shown in the plans.
Mr. Pianecki asked why it should take a conversation with the Mayor to improve matters, and why unsafe conditions are allowed to exist until a neighbor comes forward. He suspects some type of favoritism. His second question is how he can get an ordinance to make sure that no one can modify his property without a plan.
Mrs. Bobst acknowledged that she was not familiar with the circumstances and said that because the project was done piecemeal, the ordinance may not have helped. She suggested that at this point, this is an issue of enforcement for Mr. Lesiecki and his inspectors and Mayor Knoble.
The Mayor noted that 98% of residents comply with City requests, but that is not everyone. He agreed to help get to the bottom of the situation.
Denise Avila, 19464 Shoreland Avenue. Ms Avila said that she was there to lend support. In this situation, it is one thing after another. They are continually meeting with delays.
David J. Cook, 2989 Macbeth Drive. Mr. Cook is a former councilman and president of Council. Mr. Cook said that he was sorry to see the Charter Amendment defeated. (Council decided not to send the issue of mayoral appointment of chiefs of police and fire to the ballot.) He said that this was an attempt by the Administration to solve a problem. Defeat of the ordinance did not solve the problem. He said Council had 12 months to solve this weakness in the Charter and suggested that those who voted against it should come up with an alternative.
A second issue is the construction of the sound barriers. East of Wagar Road, the walls are not at the level of the road, and Mr. Cook is very disappointed at what he calls the de-beautification of Rocky River. The walls have been raised to the level of where people live. Before I-90 construction was done, he was very pleased that east of Wagar, the roadway was dropped to minimize noise. Along Westway and Hilliard, he feels that they do not need a wall and they will be unhappy when that is their view. If a wall is desired, it should be done at the level of the roadway.
Arturas Bandza, 953 Elmwood. Mr. Bandza said that he wished to address the quiet zone for trains. Although he realized that those suburbs with 130 trains per day are more concerned than our City, still a 4:00 a.m. train interrupts sleep and he wondered what can be done.
Mayor Knoble said that he will attend a seminar shortly to learn about the provisions of a bill passed for those with this problem. After the first of the year, changes should occur on a federal level. Our City has three crossings, but it should be noted that the impending system of gates is very expensive.
Mr. Gollinger explained to Mr. Bandza that the quiet zone would apply only to train whistles or horns, and not to the trains themselves. That is the only issue, as the trains cannot be stopped.
Mr. Matty added that although it is possible that Bay Village and points west will implement a quiet zone with us, Lakewood, which has 20+ crossings could never afford to equip each one as required.
David K. Kullman, 22356 Berry Drive. Mr. Kullman has construction on two sides, being between road construction and wall construction. He supports not selling alcoholic beverages at gas stations. He applauds the City's choice of contractor. Many of his neighbors are elderly, and some are disappointed that concrete will not be used for the streets. In speaking to the contractor he was told that it is hard to replace single sidewalks as they are prone to chip.
The meeting was adjourned at 10:10 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 13, 2004. These minutes may be amended or revised at the next Legislative Meeting.