DRAFT  

CITY OF ROCKY RIVER



OCTOBER 27, 2003





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. Malling,

Mrs. Bartolozzi, Mr. Hurtuk, Mrs. Bobst

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



Law Director: Mr. Matty



Press: Mr. Dzurick





The meeting was opened with the Pledge of Allegiance.



President Bobst recognized visitors from Boy Scout Troop 194 of the Rocky River United Methodist Church who were attending with their leaders as part of their work on their Communications badges.



Before the start of regular business, President Bobst presented Mrs. Bartolozzi with a signed, framed copy of the resolution honoring her husband.

The minutes of the regular meeting of October 13 were read and approved as submitted.

MOTION:



Moved by Mrs. Bobst, seconded by Mr. Potterfield, that the reading of the minutes of the meeting of the Committee-of-the-Whole of October 20 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED



Mrs. Bobst then announced that a substitution had been made to Exhibit A of Ordinance No. 186-03. On page 8, the first sentence of Section C has been revised.



MAYOR'S REPORT:



This past Saturday morning, an event occurred which is, unfortunately, part of police action: two of our officers, in protecting a citizen, shot and fatally wounded a person who had come into our City. Chief Wagner has chosen not to reveal names at this point in the investigation. The two officers are a lieutenant with many years of experience and a patrolman with 5+ years with the department. Although officers are trained for this work, the Mayor stated that he has always hoped that deadly force never has to be used. From reports he has been given, he is satisfied that the situation was correctly handled.



The Mayor has composed a letter explaining the City's actions to landlords. Pending suggestions from the Council President, the letter will be sent. He turned to Finance Director Wollenzier who introduced Bill Gareau Jr., an attorney with CCA.

Tuesday, Mr. Lesiecki, Mr. Linden and the Mayor toured the carbon tower building at the WWTP which was abandoned because the process did not work. Any Council members interested in touring the building are invited to take a personal tour.



Also on Tuesday, the Mayor attended the meeting of the Planning Commission where he spoke on the I-90 sound barriers which subsequently passed, 5-0. He then swore in Charles Gustafson as second alternate. Bill Bishop will replace Ed Saxton who has relocated.



On Wednesday, the County Commissioners Round Table featured discussions of county information about additional new programs available to cities. Updates were reported on a number of issues regarding NOACA and the Convention Center.



Wednesday, the annual Arbor Day tree planting ceremony was held. The Mayor thanked all those who attended.



On Friday morning, a meeting of the Computer Task Force group was held. The Mayor commented that many good ideas surfaced, and he feels the group is proceeding well.



A message has been received from Cox Cable explaining that last Friday's airing of the LWV Candidates' Night was mistakenly scheduled for only 8 minutes instead of 38. It will be shown in its entirety on Wednesday, October 29 at 7:00 p.m. and as previously announced on Friday, October 31 at 9:30 p.m.

Mayor Knoble then asked for a report from Mr. Lesiecki regarding the Federal Emergency Management Agency (FEMA)

The Mayor added that the question arose when an Addington resident had a flood plain notation on a mortgage.



Our City has again benefited from Court Community Service as10 bags of debris were collected from Detroit, Lakeview, Riverview, Wooster, Prospect, Wright, W. 192, Eastlook, Scenic and Dorothy.



In the past, parking problems have arisen on days when events are scheduled at Kensington School. Mr. Linden has formulated a plan which isolates the 13 days for peak attendance and changes parking patterns for those days. He will continue to fine tune the plan.



The Mayor then requested an Executive Session for the purpose of discussing the purchase of property and the sale of property.



Discussion:

Mr. Frost asked if residents of streets surrounding Kensington will be notified each time a special event is coming and parking patterns are changed. The Mayor said that he prefers to write one letter telling them of the plan, but that all residents in affected areas will be notified.





LAW DIRECTOR'S REPORT:

This past week Mr. Matty has received notice of dismissal of the lawsuit against the City brought by Clear Channel concerning two billboards on Center Ridge Road. This suit was to appeal a ruling by the BZA. A compromise was worked out in which the two billboards were replaced by one more modern sign placed somewhat closer to Center Ridge.



Ordinances 175-03 and 176-03 were approved by the Planning Commission with a small change in semantics. ("More than" was changed to "at least".)



Mr. Matty will have an ordinance for Council members authorizing the sale of a small parcel of land originally purchased by the City under the Land Bank program. Small plots were purchased behind Berry Drive and offered to residents. Although the original owner declined, the successor owner wishes to purchase the land, and the ordinance will authorize its sale at the same price paid by the City.



Ordinance No. 186-03 has codified new open burning regulations. Questions should be directed to Chief Flynn or Mr. Linden.



On the question of adding a police dog to the Department, Mr. Matty noted that we would need rules and regulations about the partnership of the dog and the officer. Solon recently swore in a new police dog, and their experience could benefit our City.





COMMITTEE REPORTS: NONE



COMMUNICATIONS AND ANNOUNCEMENTS:



The following meetings are planned:



A notification of an application for a liquor license transfer has been received from the state. The police check has revealed no negative information.



The Greater Cleveland Suburban Council will discuss the Convention Center on Thursday, October 30 at 7:15 p.m. at the City Club.



Mr. Frost has received a letter from Mrs. Rox Girard of Lake Road who favors a cluster development rather than an office building for the land in front of the WWTP. (Exhibit "A")



Mrs. Bobst entered the petitions received from residents of Westover Avenue into the public record. Residents who signed the petitions seek to stop through traffic on their street. (Exhibit "B")



AUDIENCE PARTICIPATION: NONE



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

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



This ordinance will continue on hold pending changes being contemplated by the Administration.



MOTION:



Moved by Mr. Frost, seconded by Mr. Potterfield that Ordinance 161-03 be amended by adding the changes in the exhibit, inserting Section 2 for purposes of clarification, and changing the current Section 2 to Section 3.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 161-03 BY ROBERT S. FROST

AN EMERGENCY ORDINANCE AMENDING APPENDIX A OF PART THREE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "PROHIBITED RIGHT TURNS ON RED", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

2ND READING



Mr. Frost indicated that he plans to read this ordinance for the third time in two weeks.





MOTION:



Moved by Mr. Potterfield, seconded by Mr. Frost, that upon the recommendation of the Planning Commission, Ordinance No. 175-03 be amended in Section (d) (1) and (2), substituting "at least" as shown in Exhibit "A" of the proposed amended Ordinance.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED





AMENDED ORDINANCE NO. 175-03 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE ADDING A NEW SECTION (d) TO SECTION 1143.09 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "YARDS FOR ACCESSORY BUILDINGS AND USES (STANDARD)", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2ND READING



Moved by Mr. Potterfield, seconded by Mr. Frost, that the rule requiring that Amended Ordinance No. 175-03 be read on three separate days be suspended, and that Amended Ordinance No. 175-03 be placed upon its passage:

Discussion: Mr. Potterfield suggested that moving forward would place regulations in force now to cover any proposed play structures. At present, there is nothing specific to address play structures.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED



MOTION:



Moved by Mr. Potterfield, seconded by Mr. Frost that, as recommended by the Law Director, Ordinance No. 175-03 be amended in Section 1 by changing Section 1141.09 to 1143.09

Discussion: This is a typographical error, but should be corrected to make Section 1 agree with the title and exhibit.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Potterfield, seconded by Mr. Frost, that Amended Ordinance No. 175-03 be passed as read:

Discussion: Mayor Knoble noted that this ordinance does not include a definition of a play structure, such as a skateboard ramp which has other issues of safety and noise. He suggested that in the future, Council may wish to consider such definitions.

Mr. Matty indicated that such structures have always been covered as accessory uses, but now there is more clear definition of when a permit is required. He noted, however, that they have always been regulated. Mr. Frost commented that no permit would be required until the ordinance is passed. With today's new larger structures, procedures are necessary to keep building reasonable. Ramps may be considered subsequently, but for now he feels this ordinance should move forward. Mr. Potterfield suggested that skateboard ramps may be covered by the noise ordinance.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED



ORDINANCE NO. 176-03 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1141.04(b)(7) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "ACCESSORY BUILDINGS AND USES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2ND READING



Moved by Mr. Potterfield, seconded by Mr. Frost, that the rule requiring that Ordinance No. 176-03 be read on three separate days be suspended, and that Ordinance No. 176-03 be placed upon its passage:

Discussion: Mr. Potterfield noted that this ordinance, too, had been reviewed by the Planning Commission which voted to recommend it as a companion to Amended Ordinance No. 175-03.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED



Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 176-03 be passed as read:

Discussion: This is a companion to the preceding ordinance, adding play structures to Section 1143.09. Mr. Gollinger suggested that it would be appropriate to include definitions in the future. This would aid in enforcement.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED





ORDINANCE NO. 181-03 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING PART FIVE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER BY ADDING CHAPTER 538 ENTITLED "FAIR HOUSING CODE", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1ST READING



Moved by Mr. Potterfield, seconded by Mr. Frost, that the rule requiring that Ordinance No. 181-03 be read on three separate days be suspended, and that Ordinance No. 181-03 be placed upon its passage:

Discussion: This ordinance was presented by Director Koran. It would help the City with grant applications, as having an ordinance in place is one of the criteria on which we are judged.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED



Moved by Mr. Potterfield, seconded by Mr. Frost, that Ordinance No. 181-03 be passed as read:

Discussion: Mr. Matty commented that the City already has a fair housing intention adopted in the 1960's. That, however, is not sufficient for grant applications. This ordinance is necessary. The ordinance has been reviewed by Paul Herdeg, the manager of Housing Programs for the county and he stated that this ordinance, similar to those in place in Fairview Park and Bay Village would qualify.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED





ORDINANCE NO. 182-03 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE AMENDING CHAPTER 957 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "ELMWOOD PARK CABIN", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1ST READING



Mrs. Bobst indicated that she has a great deal of information on this ordinance and would like to discuss it at the next meeting of the Committee-of-the-Whole. It has been reviewed and unanimously recommended by the Parks and Recreation Commission. After discussion, she would welcome public input on these rate increases.





ORDINANCE NO. 183-03 BY THOMAS A. MALLING

AN EMERGENCY ORDINANCE AMENDING ORDINANCE 167-03 AND APPROVING SICK LEAVE ACCRUAL PAYMENTS TO SEVERAL EMPLOYEES OF THE FIRE DIVISION IN THE TOTAL AMOUNT NOT TO EXCEED $7,123.08

1ST READING



Moved by Mr. Malling, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 183-03 be read on three separate days be suspended, and that Ordinance No. 183-03 be placed upon its passage:

Discussion: The purpose of this ordinance is to correct an error, so three readings would delay it further to no purpose.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Malling, seconded by Mr. Hurtuk, that Ordinance No. 183-03 be passed as read:

Discussion: Ms. Wollenzier explained that the original ordinance authorizing these payments did not include a raise in 2000. This would be corrected by this ordinance.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED





RESOLUTION NO. 184-03 BY THOMAS A. MALLING

AN EMERGENCY RESOLUTION ACCEPTING AMOUNTS AND RATES DETERMINED BY THE BUDGET COMMISSION AND CERTIFYING THEM TO THE COUNTY AUDITOR

1ST READING



Moved by Mr. Malling, seconded by Mr. Hurtuk, that the rule requiring that Resolution No. 184-03 be read on three separate days be suspended, and that Ordinance No. 184-03 be placed upon its passage:

Discussion: The purpose of this annual ordinance is to tell the auditor to assess 9.9 mills of tax, the same amount as last year. Three readings are unnecessary.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Malling, seconded by Mr. Hurtuk, that Ordinance No. 184-03 be passed as read:

Discussion: This will authorize collection of taxes for 2004, same as in the prior year.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED







ORDINANCE NO. 185-03 BY THOMAS A. MALLING

AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2003

1ST READING



Moved by Mr. Malling, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 185-03 be read on three separate days be suspended, and that Ordinance No. 185-03 be placed upon its passage:

Discussion: This is a housekeeping matter in which funds are reallocated according to spending. There is no reason for three readings.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Malling, seconded by Mr. Hurtuk, that Ordinance No. 175-03 be passed as read:

Discussion: The Finance Director has provided details of further allocations which are necessary.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED





ORDINANCE NO. 186-03 BY ROBERT S. FROST

AN EMERGENCY ORDINANCE AMENDING CHAPTER 1511 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "OPEN BURNING", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1ST READING



Moved by Mr. Frost, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 186-03 be read on three separate days be suspended, and that Ordinance No. 186-03 be placed upon its passage:

Discussion: Mr. Frost observed that this is the season for open burning, and this ordinance can be applied now. He asked if Council is satisfied, or if further discussion is necessary. Mr. Matty suggested that perhaps Council may wish to discuss the penalties, which have risen from a minor misdemeanor to a first degree misdemeanor. Mr. Frost reviewed the six areas of discussion which resulted in change:

Mrs. Bobst asked if Chief Flynn has reviewed the ordinance following revision. Mr. Frost said that he had.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Frost, seconded by Mr. Gollinger, that Ordinance No. 186-03 be passed as read:

Discussion: The Law Director is already working with Chief Flynn. Mr. Frost feels that this ordinance will be a positive change. Mr. Gollinger thanked the Fire Chief and Mr. Crowe. Mr. Frost added his thanks to the Licursis for their input and attendance during discussions..

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED

MOTION:



Moved by Mrs. Bobst, at the request of the Mayor, seconded by Mr. Gollinger, that an Executive Session be held immediately following the meeting to discuss two matters under Article X, Section 6, Subsection 2, to consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would given an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Malling - aye Bartolozzi - aye Hurtuk - aye

Bobst - aye

7 ayes 0 nays PASSED



MISCELLANEOUS BUSINESS: NONE



AUDIENCE PARTICIPATION:



Brian Ruic, 20358 Westover. First, Mr. Ruic commented that he felt that the increase in penalties for open burning violations may be too severe.

Second, he feels that most play structures are more than 9' tall. It was his opinion that structures defined something that was anchored. He was pleased when informed that the new limit on play structures is 12' in recognition of the marketplace.

Third, he supported the Police Department in Saturday's incident, saying that they "train for endless hours for moments of valor and live lives of uncommon integrity".



Ingrid Sledz, 22283 Sunnyhill, spoke on Code Chapter 171, Municipal Income Tax. Mrs. Sledz felt that the implementation was not handled correctly. She had many questions:

Mr. Malling reminded Mrs. Sledz that landlords really only need to supply the

and address of the tenant.

Mrs. Bobst asked Mr. Gareau if he was aware of any suits brought on this issue,

and Mr. Matty asked how long these requests have been made.

Mr. Gareau said that there had been no lawsuits in Euclid and that their program

had been under way for several years, and for the other cities, over a year. When

asked how long such requests had been made in Cleveland, Mr. Gareau reported

that it had been done for the entire history of the agency, since 1967.

Mayor Knoble again apologized for the confusion created by the initial letter. He suggested, however, that this is information that many landlords have already collected in the course of leasing their apartments, as they would want to run background or credit checks on prospective tenants.

Mayor Knoble observed that we have just under 4000 rental units, and that over 500 letters were sent to landlords. This is not an insignificant number. He acknowledged that it was a burden for landlords, but he assumed that the information would already have been collected, and the landlord would only need to mail it in. For tenants who do not inform the City, 1 1/2% of their salaries are being lost, which is not fair to everybody else, landlord or resident.



The meeting was adjourned at 9:44 p.m.



_______________________________ _______________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council