DRAFT



CITY OF ROCKY RIVER



SEPTEMBER 27, 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: Mrs. McKenzie, Ms. Noonan





The meeting was opened with the Pledge of Allegiance.





MOTION:



Moved by Mrs. Bobst, seconded by Mr. Hagan, that the reading of the minutes of the Legislative Meeting and Executive Session of September 13, and the meeting of the Committee-of-the-Whole of September 20 be waived and that the minutes be accepted as amended.

Discussion: Mr. Potterfield said that on page 3 of the minutes of Septemer 20, in his comments, "super density" should be changed to "high density." Mr. Frost said that in the minutes of September 13, his thanks to Lt. Kevin Bednarski should have read Lt. Kevin Bednarski and his team.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED



MAYOR'S REPORT:



The Mayor distributed to members of Council a summary of the recent bond issue prepared by the Bond Department at National City Bank and sent to him today. He noted that interest savings of more than $250,000 have been realized by refinancing of the current outstanding bond issue. The bonds are currently available for purchase through any brokerage company or through National City Bank's brokerage department. According to his sources, the bonds are selling rapidly.



The Mayor also had a report on the Bates/Orchard Park waterline, sewer construction and road paving project. After a couple of weeks of good progress, the situation has deteriorated with the contractor. The City Engineer and the consultant engineering firm had drawn up specifications for the project. When the curbs were poured on the north side of Berry Drive, they were poured too low, and were rejected by the City. If accepted, the steepness of the slope would mean that residents cannot use their driveways since vehicles can "bottom out" when entering or leaving and there is a steep decline of the tree lawn by the sidewalk and curb. A meeting will be held tomorrow with the contractor. If a resolution cannot be reached, the Mayor will request that the Safety-Service Director fill the aprons with stones so that residents can use their driveways until the matter is resolved. By this time, the driveways should have been poured. The Mayor does not feel that the City can accept the work as done.



Mr. Linden, Mr. Winterich, and the Mayor met this morning at the fishing pier. Their analysis is that the staffed bait shop at the pier is a luxury the City cannot afford. Therefore, the Mayor's recommendation for the 2005 budget, supported by data and the opinions of two of the three persons who operate the shop, is to eliminate the bait shop and open the pier to non-fee fishing. He explained that the City's out-of-pocket cost to sell bait is $50,000, and he feels that the benefit to the taxpayers of Rocky River is too small to justify this expense. Park personnel will open the pier and park guards will close it in the evening. Maintenance will be done by normal park personnel. He is choosing to announce this now so that objections can be heard and everyone will have plenty of notice before budget hearings. He said that although the City has promoted use of the pier, it is not frequented by City residents so much as those from other cities, so the Mayor will move to eliminate it from the budget.

Discussion: Mrs. Bobst asked about the employees. The Mayor responded that two are retirees who will re-retire, and the third, full-time employee will be reassigned.

LAW DIRECTOR'S REPORT:



Since the last meeting, the Law Director and four witnesses traveled to Columbus to argue against a liquor permit for the Shell station at the corner of Wooster and Hilliard in an appeal requested by the City. Mr. Matty stated that shortly before the hearing it was announced that the Shell station had withdrawn its application and was no longer before the Board. He requested that the record reflect sincere thanks to Dr. Jon Fancher, a citizen recruited by Mr. Matty to give community testimony. Dr. Fancher spent the entire day with Mr. Matty, Mr. Delzani and Chief Wagner, and the Law Director was deeply appreciative.



Second, Mr. Matty wanted Council to know that another case will be under appeal in Columbus. As with the first, the City needs a Columbus presence. While it is not our policy to hire outside counsel, in this case there was no choice, and the Law Director has retained the same firm that worked on the first appeal for the same dollar amount. He will return to Council if that sum should have to be exceeded.



The Law Director also had a referral for the Safety Committee, a Plain Dealer article about an Ohio Supreme Court decision which may affect its review of Section 505.11. The Court ruled 4-3 in the case of the State of Ohio v. Cowan, that the state statute on vicious and dangerous dogs fails to provide dog owners with an opportunity to dispute the labels of "vicious" or "dangerous" and is therefore unenforceable. This means that the City ordinances must be amended to give owners such rights.



Discussion: Mr. Frost asked about a time frame for the Varney appeal.

Mr. Matty responded that the City must request the appeal within 30 days of our notice. It is generally then six to nine months until the appeal is heard.





COMMITTEE REPORTS:



Safety Committee: Mr. Frost reported that the Working Group on Animal Control Laws will meet in October, although the date has not yet been set. The group is working to summarize motions and present their conclusions to Council by the end of the year. Mr. Frost passed the article from the Plain Dealer mentioned by Mr. Matty to the Working Group, and the Safety Committee will have to look at reviewing the ordinances dealing with dangerous and vicious dogs and the Law Director's recommendations.



Environmental Committee: The meeting scheduled for next week has been postponed and will be held on October 11 at 7:00 p.m.



Contracts - Government and Judicial Committee: Mr. Hagan reported that the committee had met this evening to discuss the proposed central fire dispatch outlined in Ordinance No. 134-04. Fire Chief Pietrick of Westlake and Chief Flynn of Rocky River were able to give the committee an overview of the proposed program. This combining of fire dispatch will not be money-saving, but it will increase efficiency and address safety concerns. If adopted, the City will join with Bay Village, Westlake, Fairview Park, and potentially, North Olmsted on 911 calls for fire and EMS services. When summoned, the nearest appropriate response team would be sent and advice would be given until squads arrive. A grant of $556,000 has been received from Homeland Security and the cost to Rocky River would be a percentage share of expenses. Prior to a consideration of adoption, the committee has asked the Administration for an updated exhibit and current cost figures to discuss at the next Committee-of-the-Whole.



COMMUNICATIONS AND ANNOUNCEMENTS:



Mr. Gollinger noted that Council members have received a 2004 statistical report covering activities of the Cuyahoga County Board of Health from January through June in our community.



Mrs. Bobst has received two announcements from the Cuyahoga County Board of Elections: To combat "overvoting", the Director of the Board of Elections has asked Council's cooperation in educating constituents in casting properly marked ballots, i.e. voting for only the proper number of candidates. Voters should also examine ballots to be sure that all "chads" have been detached before depositing it in the ballot box to be sure that the vote is properly counted. While the problem is greater in other parts of the county, the Director would like all voters to be aware of the problem.



The Board of Elections is also hosting a "Road Map to Election 2004" on Monday, October 4, 2004 from 10 a.m. until noon at the Visiting Nurses Association, 2500 E. 22nd Street. This is an open meeting to lay out the plans of the Board in approaching the important upcoming election.



A letter has been received from Richard Brant, 3380 Delmar Drive concerning the catering firm at St. Demetrios. The information has been turned over the Administration and the Law Director.

(Exhibit "A").



Mrs. Bobst wished a happy birthday to Councilman Gollinger who will celebrate his birthday later this week.



There were no requests for changes to the Consent Agenda.



AUDIENCE PARTICIPATION:

Kathy Saul, 2347 Valley View addressed Ordinances No. 84-04 through 87-04, drive-throughs. Ms. Saul asked Council to give consideration to the ordinances which would allow their business to install drive-throughs. Williamsburg Cleaners, which she runs with her father, is patronized by many groups for whom a drive-through would be a great convenience. Among those are seniors who could drop off cleaning from their cars, and young families with children in the car.



Charles E. Cowell, 31104 Narragansett, Bay Village, echoed his daughter's sentiments, noting that their store would like to better service its customers. Drive-throughs have become part of the dry cleaning business. Their store has been in Rocky River for 13 years, and this would make it even more successful.



Karl Bergquist, Wagar Road addressed Ordinance No. 133-04, the adoption of the Master Plan. He said the plan was very ambitious and potentially dangerous. It has the potential of giving retailers and developers control of zoning in the City. These groups will use it against the City to enforce what they want to develop instead of Council's wishes. If implemented, Mr. Matty will be very busy. There are some good aspects, such as pocket parks and pedestrian-friendly areas.

He also addressed Ordinances No. 84-04 through 87-04, drive-throughs in local business districts. At the Planning Commission, after a lively debate, the ordinances were unanimously recommended. He said that one victory he achieved was that Mr. Hunt indicated that it was not supposed to be a Walgreens issue, but it was. He urged any Council member with personal dealings with Mr. Hunt or Walgreens to recuse himself and abstain from voting.





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 reviewed this ordinance and the three following and unanimously recommended them. The approved minutes have not yet been received. He would like to wait until the minutes have been approved and he will schedule a vote for the next Legislative Meeting.





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.





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 the Administration. Nothing new has been raised.





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.



RESOLUTION NO. 133-04 BY EARL W. POTTERFIELD

A RESOLUTION ADOPTING A COMPREHENSIVE GENERAL PLAN KNOWN AS THE ROCKY RIVER MASTER PLAN

This resolution has been read once and will be presented to the Planning Commission next month. Mr. Potterfield asked the Law Director when Council meetings to discuss the plan should be scheduled relative to the Planning Commission review of the document.

Mr. Matty indicated that his recommendation would be to first hear the internal and technical review by the Planning Commission. At that time, further discussions of those points could be scheduled by Council. He has relayed that recommendation to Mr. Harvey, Chairman of the Planning Commission. He has also recommended that two members of the Planning Commission recuse themselves from taking part in the review process because they participated in generation of the report. At this point we do not know how long review will take on the Planning Commission level. When technical reports have been made, then the public portion should begin.

Mrs. Bobst indicated that City Architecture's presentation to the Planning Commission will take place on October 19.

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

2ND READING



Mr. Hagan urged Council members to review materials for further discussion next week at the

Committee-of-the-Whole.





ORDINANCE NO. 137-04 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE ACCEPTING A STANDARD EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A WATER MAIN FOR THE PURPOSE OF SUPPLYING WATER SERVICE TO HAMLET WEST, A RESIDENTIAL DEVELOPMENT IN THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1ST READING



Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 137-04 be read on three separate days be suspended, and that Ordinance No. 137-04 be placed upon its passage:

Discussion: Mr. Potterfield asked if this ordinance was intended for passage this evening. The Mayor and Law Director saw no reason why it should not be passed. In response to a question from the Law Director, Mr. Lesiecki explained that this standard easement is required for any development to allow the City of Cleveland access to make repairs to the system when required.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED



Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that Ordinance No. 137-04 be passed as read:

Discussion: Mr. Potterfield referred to Director Lesiecki's comments, above. He noted that a



representative of the developer was present in the event of questions. As there were none, the vote proceeded.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED



ORDINANCES AND RESOLUTIONS UNDER CONSENT



ORDINANCE NO. 135-04 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) NEW HOLLAND LB90 LOADER BACKHOE FROM WESTSHORE NEW HOLLAND, INC. FOR THE SERVICE DIVISION AT A TOTAL COST NOT TO EXCEED $42,000.00

1ST READING

Discussion: The replacement for this backhoe was provided for in the budget appropriations. It very much needs replacement since it is used daily.







ORDINANCE NO. 136-04 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO SELL ONE (1) 1975 LeFRANCE PUMPER NO LONGER NEEDED FOR CITY SERVICE FOR THREE THOUSAND AND NO/100 DOLLARS ($3000.00)

1ST READING

Discussion: Since this is no longer appropriate for City use, it should be sold.

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that Ordinances No. 135-04 and 136-04 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. Gollinger, that Ordinances No. 135-04 and 136-04 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. Potterfield reported on a follow-up to a request made in May to the Chairmen of Boards and Commissions that they record comments and opinions on ways to improve ordinances and building codes. Nothing has been heard, as yet, and Mr. Potterfield would like to see if they have any responses.





AUDIENCE PARTICIPATION:



Fred I. Sokol, 20021 Parkview, read two letters, one on freedom of speech, (Exhibit "B"), and another entitled "The Slice and Dice of Rocky River" concerning the master plan in which he said that those residents were told they could not speak at the meeting. (Exhibit "C")

Bill Welch, 1050 Orchard Park. Mr. Welch noted that on the construction site on Hilliard, a county project, there are 2-3 inspectors present when pouring concrete. They periodically test samples to be sure they meet specifications. He asked if the City is doing the same for the Orchard Park/Bates project when concrete is being poured.

Mr. Lesiecki explained that a subcontractor was pouring cement with one DiGioia supervisor on site for ½ hour. Inspectors working for the City were on site for the entire day. It was their vigilance that brought to the engineer's attention that although the cement had been poured as marked on the stakes, the stakes, placed by DiGioia were not correctly done.

Brian Ruic, 20358 Westover. Mr. Ruic asked if the City's dangerous dog ordinances name breeds, specifically pit bulls. Eliminating whole breeds does injustice to many dogs when it is those who are trained to fight as they are raised who are causing problems. He requested a review of the regulations to condemn actions rather than breeds.

The meeting was adjourned at 9:10 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 27, 2004. These minutes may be revised or amended at the next Legislative Meeting.





DRAFT

CITY OF ROCKY RIVER



SEPTEMBER 27, 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 7:00 p.m. in the David J. Cook Council Chambers.



Contracts Committee Members Present: Mr. Hagan, Mrs. Bobst, Mr. Frost

Council members present: Mr. Gollinger, Mr. Potterfield, Mrs. Bartolozzi



Administration: Mayor Knoble, Mr. Linden, Fire Chief Flynn



Law Director: Mr. Matty





Mr. Hagan opened the meeting, called to discuss Ordinance No. 134-04. This ordinance authorizes an agreement with the Westshore Council of Governments (COG) for a Central Fire Dispatch Center. Mr. Hagan introduced the two guests, Fire Chief Flynn of Rocky River and Fire Chief Pietrick of Westlake, and called upon Chief Pietrick for an overview of the program and the benefits to our City for its participation.



Chief Pietrick began by explaining that two years ago he filed a grant application which was rewritten this year. As a result, the region was granted $566,000 toward consolidation of fire dispatch. St. John Westshore Hospital donated over 1000 sq. ft. of space at no cost to the participating cities. There are a total of five cities interested in this project at this time. The grant will pay for almost all the equipment. In May, a proposal was accepted from B&C Communications for installation of the equipment. There would be virtually no cost for the equipment, only telephone utilities and maintenance of the program. St. John will write a contract which covers the space.



In four out of the five cities, firefighters answer dispatch lines; this means that up to 150 different people can answer the phone. With the new program, 10 to 13 professional dispatchers answer calls and they can give pre-arrival instructions. Further, they know the location of every squad in member cities and can dispatch the closest team, meaning aid arrives more quickly. In current practice, when a fire call is received, a dispatcher or firefighter must call each city to request mutual aid. Under the new system, all cities or any combination are instantly notified of fire situations by the dispatcher

Mr. Hagan confirmed that in Rocky River, 911 calls are answered in the Fire Department and transferred to the Police Department if necessary. Under the new system, 911 calls would be answered in the Police Department; fire and EMS calls would be transferred to central dispatch. Mr. Hagan noted that for Rocky River residents, this would be one more step, from the Police Department, then to the Fire Department/EMS.



Mrs. Bobst asked about the participation of North Olmsted as outlined in the fourth "whereas" of the attached agreement, Exhibit "A".

Mr. Hagan asked about the loss of North Olmsted's annual percentage and how that would affect costs.

Mr. Hagan asked how many dispatchers would be hired.

Mr. Hagan asked about expansion of the program.

Mr. Hagan asked if the dispatchers would be employees of the City of Westlake.

Mrs. Bobst asked if any other local hospitals have expressed concerns.

Mrs. Bobst also asked if locating the squads will require GPS systems.

Mrs. Bobst then inquired about future requirements as they relate to establishing computer dispatch

Mrs. Bobst also asked if figures are available should North Olmsted decide not to participate.

Mr. Frost wondered if there were concerns that dispatchers would not be familiar with the streets in all cities, and if they would know about road conditions or other factors which would reduce the quality of service.

Mr. Frost then asked the Administration to provide an updated exhibit prior to passage of Ordinance No. 134-04 showing accurate dues and participating cities.

Mr. Gollinger asked if this would be the first consolidation or if there are others in place.

Flynn said that Rocky River's current rating is 4 and he does not think that centralized dispatch will affect that rating.



Mr. Gollinger said that he has received no calls about the Fire Department and its response time and has had only positive feedback. Without the expenditure of additional funds, the Fire Department will remain as it is.

Mrs. Bartolozzi asked how often mutual aid is invoked.

She also wondered about calls to accidents on I-90 and whether centralized dispatch will help in those situations.

Mr. Gollinger wondered about mutual aid with Lakewood.

Mr. Gollinger asked if centralized dispatch meant that Lakewood would never be called.

Mr. Gollinger then asked about the possibility of a regional Fire Department.

Moved by Mr. Hagan, seconded by Mr. Frost and passed unanimously that the meeting be adjourned.



The meeting was adjourned at 7:48 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 meeting of the Contracts-Government and Judicial Committee of September 27, 2004. These minutes may be amended or revised at the next Legislative Meeting.