DRAFT

CITY OF ROCKY RIVER

OCTOBER 25, 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: Mr. Linden, Mr. Thomas, Mr. Lesiecki

Law Director: Mr. Matty

Press: Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that the reading of the minutes of the Legislative Meeting of October 11, and the meeting of the Committee-of-the-Whole and Executive Session of October 18 be waived and that the minutes of the Legislative Meeting of October 11 be accepted as corrected, and the others as submitted.

Discussion: Mr. Hagan commented that in the minutes of October 11, under Ordinance 134-04, the motion was made by him and not Mr. Hurtuk.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that the reading of the minutes of the meeting of the Environmental Committee of October 11 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Bartolozzi - aye Hagan - aye Potterfield - aye

4 ayes 0 nays PASSED

MAYOR'S REPORT:

In the absence of the Mayor, Mr. Linden discussed the piling of leaves as covered in Section 941.07. If leaves are raked onto the tree lawn, they will be collected. He emphasized that leaves should not be placed in the street.

• One reason is that if placed in the street, they more readily go down into the sewers. Further, they may be plowed if it snows in November and there have been instances where a backhoe has had to clear leaves plowed into a driveway to allow access to homeowners' cars.
• The most important reason is safety: children playing in leaves are in danger when the pile is in the street. Cars parked over leaf piles can ignite and cause dangerous fires.

He emphasized that this is not a good practice and urged media representatives to alert the public to the dangers of raking leaves into the street.

LAW DIRECTOR'S REPORT:

Mr. Matty reported that this past week, the Planning Commission, by motion, set up and reviewed their procedure for the Master Plan. By motion, the review will begin in November and will end in June 2005. The Commission plans to take the nine focus areas individually with concentration on the overall plan at the beginning and the end. Two members, one regular and one alternate, who served on the Task Force, will participate in discussions, but not vote. By motion, there will be some public comment permitted. It is not certain if recommendations will be made as the review is in progress, or at the end of the process. Minutes will be provided when available.

The Law Director has also received a copy of a letter written by Dr. Allen to parents concerning an individual labeled a sexual predator living within 1000 ft. of Goldwood School. He is being notified and being asked to move voluntarily. Mr. Matty will keep Council informed.

COMMITTEE REPORTS:

Environmental Committee: Mr. Gollinger reported that his committee had met this evening to review ordinances currently in draft form, about rental properties. Additional modifications will be made to the exhibits with an additional ordinance to revise the penalty section. There will be an opportunity to review these ordinances at the next Committee-of-the-Whole and to read them at the first legislative session in November.

Safety Committee: Mr. Frost reported that the Working Group on Animal Control Laws met on October 19 in a very productive session. They hope to complete their recommendations at the next meeting, November 2, and present them to the Safety Committee on a date to be decided in December.

Finance Committee: Mr. Hurtuk will call a meeting of the Finance Committee on November 22 at 6:30 p.m. in Council Chambers. On the agenda will be an informal discussion of the 2005 budget.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Frost has received a letter from Mrs. Pat LaFlamme concerning the Master Plan (Exhibit "A"), and a letter from Ann Huffman, regarding dog parks (Exhibit "B").

The Chamber of Commerce will host Kory Koran, the City's Economic and Community Development Director at its next meeting which will be held at the Don Umerley Civic Center Thursday at 11:30. The Executive Director has asked those who plan to come to call the Chamber office for a reservation. Mr. Koran will speak on economic development in the City.

The Police Department has no objection to the transfer of the liquor permit requested by Zeppe's Pizzeria. In the absence of Council objections, the transfer will move forward.

AUDIENCE PARTICIPATION:

David DeCapua, 423 Riverdale Drive, spoke on Ordinance No. 149-04. He stated that in March, a meeting was held at the Cleveland Yacht Club (CYC) with Mayor Knoble, Council President Bobst and Councilman Frost as well as most residents of the Yacht Club Basin in attendance. Residents were promised that the process to widen the road entering the area would begin by the end of the year. He encouraged passage based upon three issues:

• Compatibility. The area now has a higher density of homes and children, but no sidewalks or roads which allow a school bus to pick them up for school.
• Property value. Many properties are older or rentals. A potential exists for newer homes with an approach roadway and sidewalks. This development would be by private investment.
• Safety. With a hairpin drive entering the valley, safety and liability are issues. EMS and Fire Department accessibility is difficult and with many older frame homes, safety is an important issue.

Mr. DeCapua urged Council to approve this ordinance which is the first step in providing the same environment for the valley as its neighbors.

Jack Seelie, 329 Riverdale Drive. Mr. Seelie has been a resident of the Yacht Club Basin for 35 years. He said that this is not Rocky River, but a "slum" and asked Council to prioritize the spending of City funds. Emergency vehicles cannot come into the valley and they have to depend upon the CYC's private property for delivery trucks to turn around. There are no sidewalks for children and no streets capable of supporting school buses. The CYC has been a good neighbor, but the City took down houses, then stopped the process to widen the entrance. It is time to complete it.

Paul Aron, 295 Yacht Club Drive. Mr. Aron is the chairman of the West Channel Property Owners Association. He supports Ordinance 149-04 for the reasons already expressed, and encouraged Council to proceed.

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"

3^RD READING

Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that Ordinance No. 84-04 be passed as read:

Discussion: Mr. Potterfield reported that the approved minutes of the Planning Commission have been received, and it has recommended passage of Ordinances Nos. 84-04, 85-04, 86-04 and 87-04. Mr. Potterfield also noted that after Planning and Zoning Committee discussion, there was a split vote.

Mrs. Bobst explained that the first three ordinances pertain to districts within the Code where Ordinance No. 87-04 establishes drive-through regulations.

Vote: Gollinger - aye Potterfield - nay Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - nay

Bobst - aye

5 ayes 2 nays PASSED

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"

3^RD READING

Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that Ordinance No. 85-04 be passed as read:

Discussion: Mr. Gollinger noted that this ordinance has been discussed a number of times. He believes that permitting drive-throughs in Local Business districts imposes on adjoining residents. There is a potential for noise, lights, dirt, etc. which will affect residential properties. Local Business should be insulated from these nuisances because it is not a General Business classification, and he is opposed to this ordinance. Although not reported in the minutes, it was brought out at the Planning Commission that this is a Walgreens issue. Mr. Gollinger said the Code should not be changed for a particular business.

Vote: Gollinger - nay Potterfield - nay Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - nay

Bobst - aye

4 ayes 3 nays PASSED

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"

3^RD READING

Moved by Mr. Potterfield, seconded by that Ordinance No. 86-04 be passed as read:

Discussion: Mr. Potterfield referred to Mr. Gollinger's comments.

Vote: Gollinger - aye Potterfield - nay Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - nay

Bobst - aye

5 ayes 2 nays PASSED

AMENDED 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"

3^RD READING

MOTION:

Moved by Mr. Potterfield, seconded by Mr. Frost, that Ordinance No. 87-04 be amended to incorporate changes in the revised Exhibit "A", to require buffering between a drive-through and a residential property line.

Discussion: This was discussed at the Committee-of-the-Whole. The Planning Commission will determine the type of buffering most appropriate, but this ordinance mandates that buffering will be necessary between the drive-through and residential property in Local Business districts.

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 Mr. Frost, that Amended Ordinance No. 87-04 be passed as read:

Discussion: Mr. Potterfield noted that many discussions have been held in Council, and that the Planning Commission has reviewed and recommended it. The Law Director has made the regulations as stringent as possible, but Mr. Potterfield said that he did not believe in drive-throughs in Local Business districts.

Mr. Matty asked that the record reflect that this ordinance and this group of ordinances are not Walgreens ordinances. He was instructed by the Council President to construct a generic set of ordinances with rules as strict as could be legally enforced as to drive-throughs. One company does not tell the City how to enforce ordinances. These ordinances are as generic and restrictive as the law will permit.

Mr. Gollinger expressed his opinion that because the other ordinances were passed, this ordinance is more important because it stipulates more stringency than current laws. He hopes for passage.

Mr. Hagan commended Mr. Matty for his construction of the regulations. He noted that the issue has been before Council since May and before, with much debate. He agrees with Mr. Gollinger that with the passage of the other three ordinances, this one is important.

Mr. Frost remarked that he will vote in favor or this ordinance as he feels it is needed. He also commended the Law Director for a fine job.

Mrs. Bobst reiterated that the object is to strengthen the Code. Residents have asked for drive-throughs and Council would like to see increased safety for children without detriment to residential areas. She noted that the ordinance is strong-a drive-through must be 45' off any residential line with additional buffering. She thanked both the Law Director and Mr. Potterfield's committee.

Mr. Gollinger said he hopes the same fervor is demonstrated in favor of the ordinances in place when the BZA allows any variances. He would like to assure residents that this is the baseline.

Vote: Gollinger - aye Potterfield - nay Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

6 ayes 1 nay PASSED

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 resolution 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"

This ordinance remains on hold pending the meeting November 8 at 7:00 p.m.of the Planning, Zoning and Economic Development Committee. A consultant from HzW Environmental Consultants will be present to answer Council questions.

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 referred to the Planning Commission. Further discussion will be held following receipt of their comments.

ORDINANCE NO. 138-04 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 BEACHCLIFF ROW SUBDIVISION IN THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 138-04 be read on three separate days be suspended, and that Ordinance No. 138-04 be placed upon its passage:

Discussion: Although the Law Director originally asked for this ordinance to be held because the form had not been prepared by a legal professional, Mr. Matty discovered that the form is standard, produced by the Cleveland Water Department, and may go forward.

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 Mr. Gollinger, that Ordinance No.138-04 be passed as read:

Discussion: As above.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 141-04 BY MAYOR WILLIAM F. KNOBLE

AN EMERGENCY ORDINANCE CREATING THE ROCKY RIVER CITY RECORDS COMMISSION

2^ND READING

This has been placed on second reading, and will be discussed further at the next Committee-of-the-Whole. If questions arise, the Mayor will be available for the discussion.

ORDINANCE NO. 143-04 BY FRANK B. GOLLINGER

AN ORDINANCE TO AMEND ROCKY RIVER CODIFIED ORDINANCE 1371.02(b)(4) BY DECREASING THE PERIOD OF THE RENTAL LICENSE/CERTIFICATE OF OCCUPANCY FROM TWENTY-FOUR (24) MONTHS TO TWELVE (12) MONTHS AND DECLARING AN EMERGENCY

This ordinance and the two that follow will be placed on hold pending updating of their exhibits.

ORDINANCE NO. 144-04 BY FRANK B. GOLLINGER

AN ORDINANCE TO AMEND ROCKY RIVER CODIFIED ORDINANCE 1371.03 BY DECREASING THE PERIOD OF THE RENTAL LICENSE/CERTIFICATE OF OCCUPANCY FROM TWENTY-FOUR (24) MONTHS TO TWELVE (12) MONTHS AND DECLARING AN EMERGENCY

See discussion for Ordinance No. 143-04.

ORDINANCE NO. 145-04 BY FRANK B. GOLLINGER

AN ORDINANCE TO AMEND ROCKY RIVER CODIFIED ORDINANCE 1371.05 BY DECREASING THE PERIOD OF THE RENTAL LICENSE/CERTIFICATE OF OCCUPANCY FROM TWENTY-FOUR (24) MONTHS TO TWELVE (12) MONTHS AND ALSO INCREASING THE RENTAL LICENSE/CERTIFICATE OF OCCUPANCY RELATED FEES AND DECLARING AN EMERGENCY

See discussion for Ordinance No. 143-04.

ORDINANCE NO. 146-04 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE ONE (1) REFUSE SCOOTER VEHICLE FROM BAKER VEHICLE SYSTEMS AT A TOTAL NET COST NOT TO EXCEED $26,734.00

1^ST READING

Moved by Mrs. Bartolozzi, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 146-04 be read on three separate days be suspended, and that Ordinance No. 146-04 be placed upon its passage:

Discussion: Mrs. Bartolozzi explained that this scooter has been tried, and now the intention is to purchase the vehicle to add to the City's scooter fleet. It was discussed at the last Committee-of-the-Whole.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mrs. Bartolozzi, seconded by Mr. Hurtuk, that Ordinance No.146-04 be passed as read:

Discussion: This vehicle is licensed to be on the road, unlike the last two which were purchased and had to be returned for refund. It has a 100% warranty and its construction is superior to the Cushman with a five-year life expectancy. If the City wishes to pick up refuse from back yards, this vehicle is the only choice. It was made clear that the other older vehicles in the fleet are also legal on the street.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

RESOLUTION NO. 147-04 BY BRIAN A. HURTUK

A RESOLUTION REQUESTING THE COUNTY AUDITOR TO ADVANCE TAXES FROM THE PROCEEDS OF ALL TAX LEVIES AND SPECIAL ASSESSMENTS FOR THE YEAR 2005 PURSUANT TO THE OHIO REVISED CODE AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that Resolution No. 147-04 be read on three separate days be suspended, and that Resolution No. 147-04 be placed upon its passage:

Discussion: This is an administrative resolution passed each year so that the Cuyahoga County Auditor will collect taxes on our behalf and send it to us. Since this is income, there is no reason to wait for three readings.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mr. Hagan, that Resolution No. 147-04 be passed as read:

Discussion: See discussion above.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 148-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE TO AUTHORIZE THE MAYOR TO RENEW THE HEALTH CONTRACT FOR THE YEAR 2005 WITH THE GENERAL HEALTH DISTRICT OF CUYAHOGA COUNTY, OHIO FOR SERVICES TO THE CITY OF ROCKY RIVER, IN THE AMOUNT OF $3.35 PER CAPITA, NOT TO EXCEED SIXTY-NINE THOUSAND FOUR HUNDRED SIXTY-TWO DOLLARS ($69,462.00)

1^ST READING

This ordinance will be discussed at the Committee-of-the-Whole with a possible rules suspension.

ORDINANCE NO. 149-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH MACKAY ENGINEERING & SURVEYING COMPANY FOR PROFESSIONAL ENGINEERING SERVICES RELATIVE TO THE YACHT CLUB DRIVE/RIVERDALE DRIVE FEASIBILITY STUDY IN AN AMOUNT NOT TO EXCEED $19,930.00

1^ST READING

Mr. Hagan will refer this to committee for discussion on November 15 at 7:00 p.m., the first available opportunity. He requested information on the scope of the study, and also what other construction projects may be planned.

Mr. Matty pointed out, in answer to residents' comments, that the City has made attempts to install improvements and has been rebuffed by members of the community. He asked that landowners in the Yacht Club Basin help the City with needed improvements since the City does not have enough land, for example, to install sidewalks. Improvements cannot be made without the residents.

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

John T. Kamalic Jr., 3410 Wooster Road. Mr. Kamalic is an advocate of the handicapped. With 100% disability, he wished to address his pet peeves, the fact that gas stations do not always honor his handicapped plate, insisting he needs a blue hangtag. Further, he is sometimes directed to one specific pump when others are available. He feels he should be able to go to any pump. He proposed that the City send a letter to gas stations located in Rocky River about the necessity of handicap accessibility and the fact that a blue hangtag is not necessary with the proper license plate. This should be available for those with a temporary disability as well.

• He was referred to Mr. Beirne who monitors ADA matters, and Mr. Lesiecki, Director of the department.
  
  

He further asked if lifeguards are required at swimming pools on private property. Specifically, he wondered about apartment pools. Again he was referred to Mr. Beirne.

The final point he raised was that the City should try to find a tenant for the vacant toy store in the Rockport Shopping Center. He suggested that Giant Eagle might expand and place a video store in the space.

• Mrs. Bobst indicated that Director Koran has been working to try to fill the vacancy.
  
  

Jack Seelie, 329 Riverdale Drive. Mr. Seelie wished to respond to Mr. Matty's comments. He said that it is time for the City to get control of the Yacht Club Basin and use powers legitimately assigned to it to clean things up. He said there are people who want to live in the past and cannot be swayed. The area needs to be brought up to standards of the rest of the City.

• •Mr. Matty observed that if the residents will not donate 3-4 ft. of land, installation of sidewalks is impossible. Several years ago, a circulation plan that makes sense was proposed, but cannot go forward. He said he hopes more citizens like those in attendance will come forward and participate.

Mr. Seelie said that eminent domain is a good law. Mr. Matty countered that it is an expensive law.

Mr. DeCapua commented that $750,000 has already been spent. An original plan called for widening the road to the east, and it was approved by the City. Mr. Alban, the former City Engineer, decided to change the plan. Mr. DeCapua would like to see improved access go forward. Their group decided on three points only because these are the most important to most residents.

Patricia Helleis, 19425 Shoreland. Mrs. Helleis read a letter in which she stated that she has lived in Rocky River for 15 years. A situation that started with their protest of a garage variance for the next door neighbors, the Hickeys, has become a problem. Mr. Gollinger spoke at the BZA on behalf of the Hickeys. She repeated the history of the granting of the variance for the driveway which has since been installed. Detailing the many phone calls to the Building Department, the Mayor, the Police Department, and Councilman Gollinger, Mrs. Helleis still has many issues, Among them:

• •The variance should not have been granted because there is no true hardship. No variance should be granted unless absolutely necessary.
• • The BZA did not follow its own rules, allowing the Hickeys to resubmit their request without substantial changes before one year had passed.
• •When the Hickeys tore down their garage, they should have cleared the site within 72 hours according to the Code, but instead filled the foundation with debris and apples. In spite of repeated calls, the Code was not enforced. Compost should be yard waste only.
• •Grading regulations have been violated and not enforced against the Hickeys.
  
  

Mrs. Bobst asked Mrs. Helleis for a copy of the letter. Mrs. Helleis said that she would send it to her via e-mail.

Mr. Gollinger commented that at the Helleis' last appearance before Council, he had been silent because the Hickeys were not present. This time, however, Mrs. Helleis had mentioned several times that she had spoken to Mr. Gollinger, and he wished to clarify some points.

First, Council is not responsible for enforcement of the Code. That is the responsibility of the Administration. He attested to the fact that the Helleises had called him many times. He went to the BZA to support the Hickeys' request because the Hickeys were willing to spend money to enhance their property, and Mr. Gollinger felt it was a benefit to the entire neighborhood.

As to the garage variance, the lots on that street are narrow and a one-car garage is problematic. In the interests of fairness, he pointed out that the Helleis driveway does not meet the Code either, so he felt the Hickeys deserved the same consideration.

• •Mrs. Helleis repeated that the Code should be enforced.

Mr. Gollinger stated other improvements made by the Hickeys, and added that it is important for neighbors to work together to get the street upgraded.

Mrs. Bobst concluded that Mrs. Helleis has given Council the information needed. Her issue is the enforcement of ordinances. Questions about grading of the property remain for the Building Commissioner and the Mayor and as of now, there are no concrete answers.

Mr. Hurtuk said that Council will pursue this matter and inquire of the Administration what is being done and respond to Mrs. Helleis.

As there was no further business by members of Council, the meeting was adjourned at 9:28 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 October 25, 2004. These minutes may be amended or revised at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

OCTOBER 25, 2004

Environmental Committee

The meeting of the Environmental Committee was called to order by the Chairman, Mr. Gollinger, at 7:00 p.m. in the David J. Cook Council Chambers.

Environmental Committee Members Present: Mr. Gollinger, Mrs. Bartolozzi, Mr. Hagan,

Mr. Potterfield

Council member present: Mrs. Bobst

Law Director: Mr. Matty

Mr. Gollinger opened the meeting by explaining that this was a continuation of the discussion of rental properties from the meeting of October 11.

Following a brief preliminary discussion of a revision of penalties for noncompliance, Mr. Gollinger referred committee members to the revised exhibits and opened a discussion of Ordinances 143-04, 144-04 and 145-04 which essentially increase the frequency of inspections and the fees for rental licenses/certificates of occupancy. Mr. Gollinger noted that the fee structure has been revised from the committee's original recommendation, i.e. originally it was felt that every rental unit should be treated identically, but that schedule has been amended. Mr. Beirne, the Building Commissioner, felt that this would be unfair to large properties which tend to be well-maintained. In addition, many exterior components are inspected only once in larger complexes. The Law Director, in drafting the ordinances, adjusted the fee schedule, but in all cases, fees have been doubled.

Mr. Gollinger commented that another inspection could be held when tenants change and the apartment is vacant and without furnishings. Ordinance No. 143-04 decreases the period of the license/certificate from 24 months to 12 months, i.e. the license must be renewed annually.

Mr. Matty also pointed out the change which will require the street address of the owner/agent. A post office box may also be given, but the street address is necessary. However, he pointed out that the main difference is the change in the 12-month provision.

Mr. Hagan commented that these ordinances are an attempt to give the Administration the means to fund inspectors so that the housing stock can be preserved. This is especially true with owners who do not live in the City, and properties must be in compliance.

Mr. Potterfield asked exactly how many citations are issued and how many of those go to court. He wondered how much we are missing.

• •Mr. Gollinger said that, as stated by a resident at the last meeting, the City needs to be proactive. There is some concern that, according to Director Koran, rental rates in our City are low, and he expressed a desire to prevent a bad situation from developing by making sure that property owners are attracting quality tenants. Ward 3 has many single-family rentals which are a cause for concern.

Mr. Potterfield then asked how we know if these cases ever go to court.

• •Mr. Gollinger observed that the Building Department works very hard with property owners for compliance and does not take them to court until late in the process. Mr. Potterfield acknowledged that the City has a good Building Department, but wondered with present ordinances how many property owners have been taken to court over Code infractions. Mr. Gollinger responded that in his recent frequent visits, a number of cases have been discussed. Council's role is to update the ordinances, but it is up to the Administration to enforce the rules.
• •Mr. Matty suggested that the Clerk be requested to obtain the statistics from the Building Department and it was decided that Council would like to know the number of warnings and citations that result from those warnings, issued in 2002, 2003, and thus far in 2004.
  
  

Mr. Hagan noted that the penalty can be $100, and the Court often gives the violator additional time to make the corrections. He felt it would be more effective if the Building Department were given more clout with increased fines and he also suggested working with the Court so that they understand the importance of this issue to the City. He would rather be proactive than reactive.

Mr. Matty suggested that he would be happy to take the package of passed ordinances and personally write to the judges. He would, however, like to see the penalty as part of this section so that it can be presented to the judicial at one time. The Law Department will either receive pleas or try cases. However, he cautioned that in cases other than a minor misdemeanor, a defendant has a right to a jury trial which will increase costs. This section would increase standards and penalties.

Mr. Gollinger feels that the Building Department is frustrated because if they go into the court system, these violations are treated differently from traffic violations. Some property owners who have been cited begin repairs shortly before a court appearance and are given continuances or waiver of fines.

• •Mr. Matty pointed out that on a crowded docket, first degree misdemeanors, with a $1000 fine and/or 6 months in jail take precedence over offenses that are punishable by a $100 fine and no jail time. These are minor as reflected in the Code. If the offense were a first degree misdemeanor, it might be treated differently, but building violations are minor misdemeanors. Mr. Matty is in favor or stiffer penalties and prosecution of offenders. He would attempt to let the court know of the City's concern for the aging housing stock and the need for help. He indicated that more meaningful penalties and more manpower will be needed. Citations are different from warnings and more inspectors will be needed. He further stated that the Building Department must be kept informed of necessary changes.
• •Mr. Gollinger indicated that he was unsure of the funding in terms of cost. He wondered if funds received from applications and fines can be designated so that the City can determine whether or not it is a sufficient amount. The Building Department should be kept informed so that they are prepared to start enforcement. Mr. Gollinger also noted that the committee has no intention of passing the ordinances immediately. He would encourage public input before passage. He feels, however, that these ordinances would benefit the City, tenants, and property owners.
• •Mr. Matty explained that in order to change the penalties, amendment of Section 1371.99 is necessary, and he will prepare an ordinance if requested by Council.
  
  
  
  

MOTION:

Moved by Mr. Hagan, seconded by Mr. Potterfield, that the penalty stated in Section 1371.99 of the Code be changed from a minor misdemeanor to a first degree misdemeanor

Discussion: Mr. Potterfield asked if monies collected can be earmarked for the Building Department rather than be transferred to the General Fund. It was decided to check with the Finance Director.

Mr. Hagan asked if it is possible to set a minimum fine as part of the penalty section. He expressed concern that fines can be suspended by the court, and minimum fines would insure at least a partial recovery and more incentive for property owners to comply with the law.

• •Mr. Matty said that it could be done if Council wishes.
• •Mr. Hagan suggested a figure of $250.
• •Mrs. Bartolozzi pointed out that before homeowners appear in court, they have 30 days or 60 days to correct violations. Mr. Matty observed that for some infractions, as little as 48 hours is given. Mrs. Bartolozzi said, however, that these were more serious offenses. By the time a homeowner has to go to court, he has had a reasonable amount of time. Longer extensions should not be necessary. She is in favor of increased penalties and a floor on penalties levied, agreeing with Mr. Hagan's suggestion of $250.
• •Mr. Gollinger also indicated that a complete formalized report is also provided to the property owner. The inspectors will continue to do a good job; this will allow them to do a better job over a long period of time. He also is comfortable with a $250 figure.

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the language of the penalty section be changed so that any violation, if proven, shall be guilty of a first degree misdemeanor with a maximum fine of $1000 and 6 months in jail and a minimum fine of $250 for each violation.

Vote: Unanimous by voice for both motions.

PASSED

Mr. Hagan mentioned that as to jury costs, if a jury is summoned and a plea is accepted, the defendant pays for jury costs. The City will have to pay only for an acquittal.

In Ordinance No. 144-04, Mr. Gollinger proposed dropping "by July 1, 1985" as an effective date for the regulation. The consensus was to do so.

In Ordinance No. 145-04, Mr. Gollinger raised the question of reinspection and fees. He noted that currently an inspection and up to two reinspections are provided initially for one fee. Subsequent inspections require a fee of $40. He asked if committee members had any further comments on this fee. The consensus was to keep this structure as written.

As to the rates, Mr. Gollinger indicated that his greatest concern is for 1-2 family homes. The consensus was to accept the fee structure as written.

Mr. Hagan asked if Mr. Gollinger intends to read these ordinances this evening. Mr. Gollinger said that he intends to wait for input from the Building Department as to personnel needs before passage. Further, since exhibits will be revised, he will wait for the next Legislative Meeting for the first reading and the ordinances could still be passed in November. Further, all rental property owners need to be informed.

Moved by Mr. Potterfield, seconded by Mr. Hagan, that the meeting be adjourned.

Vote: Unanimous by voice.

The meeting was adjourned at 7:52 p.m.

_______________________________ _______________________________

Frank B. Gollinger, Chairman Misao Kurokawa

Environmental Committee Clerk of Council

Please note: This is a draft copy of the minutes of the meeting of the Environmental Committee of October 25, 2004. These minutes may be revised or amended at the next Legislative Meeting.