DRAFT

CITY OF ROCKY RIVER

NOVEMBER 10, 2003

Planning and Zoning Committee

The meeting of the Planning and Zoning Committee was called to order by the Chairman, Mr. Potterfield, at 7:03 p.m. in the Council Committee Room.

Planning and Zoning Committee members Present: Mr. Potterfield, Mr. Gollinger, Mr. Hurtuk

Absent: Mr. Malling

Law Director: Mr. Matty

Mr. Potterfield opened the meeting by reviewing the topics to be discussed: corner lot side yard setbacks, portable, freestanding signs, and sewer tie-in fees.

Corner lot side yard setbacks  were last discussed in October of last year. A number of comments and questions remained, and there was no resolution. Mr. Beirne, the Building Commissioner, stated that he had reviewed the setback map changes that were submitted by the City's consultant, Mr. Smerigan. Indicating a large map on the table, Mr. Beirne pointed out the yellow markings, showing the Mr. Smerigan's recommendations. The original map on which the changes were indicated was adopted in 1973.

Mr. Potterfield noted that the driving force behind the push for changes were a couple of homes which were built closer to the side yards and physically diminished the view of their neighbors, specifically the Kennedy and Valore homes on Roslyn and Frazier.

Mr. Beirne restated the Code requirements, i.e., the side yard setback of a corner lot is one-half the front setback, unless otherwise shown on the setback map. He said that Mr. Smerigan tried to incorporate these regulations in his recommendations. The 1972 setback map was devised by a regional planning commission whose reasoning is, at this point, unknown. Mr. Beirne further commented that only two problems had surfaced with this regulation in the past 25 years; the majority of variance requests deals with fences or accessory structures.

Mr. Hurtuk asked what effect the Smerigan recommendations would have had, had they been in force at the time of the problems. Mr. Beirne responded that there would have been none. Mr. Hurtuk continued, commenting that what was necessary was a procedure to make things easier, not more difficult. He asked Mr. Beirne, what, in the light of his long experience, he would recommend.

• •Mr. Beirne stated that he would not change the current regulations; he would instead prepare a setback map which could be accessed on the City's website which shows the specific setbacks for every lot. In that way, residents can see what is permitted for any individual parcel without the assistance of the Building Department. Residents who consult the Code today can see what is permitted, but only if not otherwise shown on a map kept in at City Hall. The Commissioner reminded Council members that the narrowest side of the lot is the front, regardless of how the house is situated on the lot.
• •Mr. Matty agreed, saying that he did not recommend a change in the current formula, but rather mapping it to make it clearer and more accessible.
• •Mr. Beirne noted that some setbacks are less than ½ the distance, but on his map, he would not take less than the setback shown on the original map.
• •Mr. Matty pointed out that in new developments, corner lots are often larger, giving the owner alternatives to build whatever size structure he wishes. He recommended not restricting corner lot owners so that the lots are not buildable. He indicated he would like to see the map give the corner lot the largest footprint allowable. Too much restriction would lead to more variance requests.
• •Mr. Potterfield also liked the idea of not changing the formula but making it clearer and easier for citizens to understand.
• •Mr. Gollinger asked if, in an area like Nelson Park, for example, a home could be rebuilt with a setback less than the other homes if permitted by the Code. Mr. Beirne responded that it could, pointing out, however, that any resident can protest any building permit. In considering variances, however, blocking someone's view is not a valid reason to protest or deny a variance.

Mr. Bart Connelly, 324 Cornwall, urged Council to modify the rule allowing a ½ side yard setback. He pointed out that

• •no one knows why it was originally written
• •since all corner lots in Rocky River have houses on them, there is a potential danger for any corner lot to be sold to someone who wishes to build a larger home within the Code which would disrupt someone else's view,
• •such larger homes are unnecessary because houses in our community will eventually sell to someone who will maintain the current footprint,
• •removing this option will not hurt development in the City nor cause the City to lower its tax base,
• •Council should definitely consider removing Section 1143.08 from the Code.
  
  

Mr. Matty responded that if researched, records would show that the regulation and setback map were adopted to give relief to the corner lot owner. Every resident should be allowed to build up to the code lot coverage limit of 25%. This eliminates coverage variance requests. If the side yard setback is not maintained at 50%, there is no other direction in which the homeowner can build. If Council decides to change the Code, he recommends a letter and/or meeting to inform corner lot owners that their building options have changed. Since they have purchased their homes with one set of rules, they should know if changes are made.

Mr. Potterfield pointed out that a change could create many non-conforming structures.

Mr. Connelly commented that any homeowner could apply for a variance. Mr. Matty pointed out, however, that he must prove a hardship, and noted that neighborhoods had been developed with these rules in place.

When asked by Mr. Hurtuk what is so bad about the ½ setback rule, Mr. Connelly explained that on the corner lot next door to him, it means that a house could be built 17 ½' from the side yard, which would mean that Mr. Connelly's view would be of someone's house. He favors removing the provision from the Code and having lot owners request a variance.

Mr. Hurtuk acknowledged that Mr. Connelly had written a good letter and made many good points, but he agreed with Mr. Potterfield. He said that removing this provision would mean more inconsistencies and would be difficult to administer. He added that all residents must be treated equally.

MOTION:

Moved by Mr. Hurtuk, seconded by Mr. Potterfield, that Kevin Beirne be directed to prepare a map showing property setbacks using the formula in Section 1143.08(a)of the Codified Ordinances and setbacks as shown on the 1972 map.

Discussion: Mr. Matty pointed out that property owners have no complaint because they bought the lot with these regulations in place. Mr. Connelly reiterated his request that Council eliminate the section. Mr. Beirne felt that it would be possible to have the map on the internet by the end of the year. The map would, however, be subject to review by the Planning Commission.

Vote: Potterfield - aye Gollinger - aye Hurtuk - aye

3 ayes 0 nays PASSED

The discussion of the second agenda item, portable free-standing signs, was brief. Mr. Beirne stated that we had never had a problem, but now the signs were beginning to proliferate and cause clutter.

Mr. Hurtuk agreed, saying that permitting them could be like opening Pandora's box.

MOTION:

Moved by Mr. Hurtuk, seconded by Mr. Potterfield, that portable free-standing signs be prohibited.

Vote: Potterfield - aye Gollinger - aye Hurtuk - aye

3 ayes 0 nays PASSED

The third topic, sewer tie-in fees was discussed by Mr. Beirne, who noted that other cities charged a flat rate for individual tie-ins and a flat rate plus a per unit fee for multi-family. The rates were different for commercial and industrial. He explained that it was difficult to set a fee because the cost varies with the number of man-hours expended by City workers.

Mr. Hurtuk suggested that Mr. Beirne determine an average figure and communicate it in a memo to the committee with his recommendation.

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

Vote: Potterfield - aye Gollinger - aye Hurtuk - aye

3 ayes 0 nays PASSED

The meeting was adjourned at 7:56 p.m.

_______________________________ _______________________________

Earl W. Potterfield, Chairman Misao Kurokawa

Planning and Zoning Committee Clerk of Council

Please note: This is a draft copy of the minutes of the meeting of the Planning and Zoning Committee of November 10, 2003. These minutes may be amended or revised at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

NOVEMBER 10, 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, Mrs. Bartolozzi,

Mr. Hurtuk, Mrs. Bobst

Absent: Mr. Malling

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 noted the presence of Ward 4 Councilmember-elect Brian F. Hagan.

The minutes of the regular meeting of October 27 were read and approved as submitted.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the reading of the minutes of the meeting of the Executive Session of October 27 and the Committee-of-the-Whole of November 3 be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Frost, seconded by Mrs. Bartolozzi, that the reading of the minutes of the Safety Committee of November 3 be waived, and that the minutes be accepted as submitted.

Vote: Frost - aye Bartolozzi - aye

2 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor was happy to report that his absence at City Hall today was due to travel to celebrate his father's 92^nd birthday. He will be available at City Hall tomorrow, despite the holiday, if Council members need to confer with him.

Last Friday, Mayor Knoble attended the re-opening of the Hometown Buffet. He reported that it is looking good. The chain has over 300 restaurants, and the Mayor was glad to see a local business reinvesting in a local community.

The NOPEC story is not yet complete. An initial enrollment of Rocky River with seven other communities, including Cleveland, has been temporarily put on hold. Those who did not opt out, but chose the net 5% discount remain, at this time, Dominion customers at the standard rate. The reason is the PUCO decision to allow Dominion to recover, for one year, a gas recovery cost incurred a year ago. This surcharge plus the normal cost makes the NOPEC rate higher than Dominion's standard charge. NOPEC then renegotiated a guaranteed net rate 5% lower than Dominion's standard fee, but the NOPEC provider reneged, with the result that the enrollments are on hold. Friday, November 14 is the deadline for negotiating rates for December, and the Administration will look at the program again.

Letters will shortly be received concerning electric aggregation opt out. The Mayor knows of nothing that will interfere with that program.

Mr. Hurtuk asked about the City's contract with NOPEC. The Mayor said he thought it was ongoing with cancellation possible with notice. When asked if other companies provide this service, the Mayor replied that Dominion standard rates are currently the best deal. This has been difficult to explain to residents, and they are still calling at the rate of 12/day-more after newspaper articles are published.

Bradstreet's Landing Fishing Pier is closed for the season. The Administration will again review rates, which were doubled from $.50 to $1 this year. The total number of tickets sold dropped from 3834 to 3565. The total revenue from tickets, licenses, refreshments, bait, etc. was $31,723 compared to $33,818 last year. Our net costs include one full-time and two part time employees which come to between $30,000 and $35,000. Pluses are that little police attention or maintenance is required because employees are on the premises. Because it is not a money-maker and not widely used, the Administration will review the situation before next year.

The final settlement check for Elmwood Cabin has been received from St. Paul Insurance Co. for $182,092.80. With contributions, the cost to the City to rebuild the cabin was $70,000 to $80,000. The Mayor observed that he is satisfied with the improved facility at that net cost.

Directors Linden and Lesiecki have gone to bid for water lines for the Yacht Club basin. Bids are due November 21.

Information about the list of complaints received by the Building Department have been distributed to Council members.

Next week, information on the lakefront mountain removal will be coming. It has been seeded with winter rye, and the Mayor commented that it looks good. He will have data for discussion at the next meeting. A contract amendment will be requested.

Discussion: Mr. Gollinger asked if demographics are collected at the fishing pier. The Mayor said that those statistics are not collected.

Mr. Hurtuk wondered if the Administration could provide an executive summary of the key categories of the monthly financial report. That version would be easier to understand with the full version at hand for specific questions. Mr. Frost seconded that request.

LAW DIRECTOR'S REPORT:

Mr. Matty has received the 61^st report from Norfolk-Southern. An average of 1.4 trains per day passed through the City during the month of September. This makes the average for the year less than two trains per day.

Mr. Matty has discussed Ordinance No. 182-03 with the Recreation Director. A further amendment has been given to the Council President.

This past election resulted in questions on political signs. In the near future, the Law Director will prepare an amendment of Chapter 1163.10 for discussion and review by Council.

An internal investigation has been conducted in the shooting incident on Center Ridge Road. The Law Director has met with Chief Wagner and Detective Gulas. After reviewing the facts, the shooting was ruled justifiable. An internal Board of Review reached a similar determination. Both officers are back to work in a good state of mind.

Mr. Matty requested that a member of Council attend this Thursday's BZA. Of particular interest is Item 14, Beachcliff Row.

The Law Director has read the minutes of the Working Group on Animal Control Laws working with the Safety Committee, and spoken with Dr. John Reveley. Because of some issues, he recommends that a resolution be drafted appointing that working group, giving the subject of their investigation, and giving direction to their advice. It should include their names and when they were appointed.

Discussion: Mr. Frost, Chairman of the Safety Committee, mentioned that the group has always operated in open meetings. He asked that the Law Director attend the January meeting.

COMMITTEE REPORTS:

Planning and Zoning Committee: Mr. Potterfield reported that the committee had met that evening to review corner lot side yard setbacks. It has voted unanimously to not to make any changes to the Codified Ordinances. However, it did direct Commissioner Beirne to construct a setback map by using the regulations now in the Code.

Also reviewed were portable free-standing signs which were defeated unanimously.

Commissioner Beirne will provide additional information on sewer tie-in fees. He will also provide specific recommendations for revised rates.

COMMUNICATIONS AND ANNOUNCEMENTS:

The Elmwood Neighborhood meeting will be November 12 at 7:30 p.m. in the David J. Cook Council Chambers.

The Master Plan Working Group will meet at 5:00 p.m. at the Don Umerley Civic Center on November 19.

A letter has been received from Richard Brandt concerning catering at St. Demetrios. (Exhibit "A")

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 formulated by the Administration.

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"

3^RD READING

Moved by Mr. Frost, seconded by Mr. Hurtuk, that Ordinance No. 161-03 be passed as read:

Discussion: Mr. Frost noted that Council has discussed this ordinance for over two months, with the full three readings and discussions at meetings of the Committee-of-the-Whole. Input has been received from the School Board and the Police Chief, resulting in some changes. Mrs. Bartolozzi asked when the changes will be implemented. Because it is an emergency ordinance, it will be effective immediately, and signs will be changed as quickly as is practical. Mrs. Bobst thanked Mr. Frost for the hard work he put into this ordinance.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that Ordinance No. 182-03 be revised with the elimination of (b) and the addition of E, enumerating penalties for failure to abide by the rules. A further addition recommended by the Law Director is the addition of "both as determined by the Director of Parks and Recreation." at the end of E.

Discussion: Mrs. Bobst recommended the first addition, suggested by Mr. Gollinger because it will clarify the penalties. The second addition will give the power to levy such penalties to the Director of Parks and Recreation.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

AMENDED 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"

2^ND READING

This ordinance will have its third reading in two weeks.

ORDINANCE NO. 187-03 BY MAYOR WILLIAM F. KNOBLE

AN EMERGENCY ORDINANCE APPROVING THE EXECUTION OF QUIT CLAIM DEED FOR PART OF PERMANENT PARCEL NO. 302-22-002

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 187-03 be read on three separate days be suspended, and that Ordinance No. 187-03 be placed upon its passage:

Discussion: As read in the minutes, Mrs. Bobst noted that land acquired by the city in a reutilization program was offered at our cost to residents of Berry Rd. whose property it adjoined. A resident wishes to purchase the adjoining property, and the contract should not be delayed.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that Ordinance No. 187-03 be passed as read:

Discussion: Mr. Matty asked the City Engineer to record the signed contract and ascertain the cost of that recording. The homeowner has placed a $500 deposit with the Finance Director, and the matter should be finalized as soon as possible. Mrs. Bobst noted that this ordinance will take land owned by the City and place it on the tax duplicate.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

RESOLUTION NO. 188-03 BY THOMAS A. MALLING

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR OR HIS DESIGNEE TO MAKE APPLICATION TO THE CUYAHOGA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE CREATION OF AN EXTERIOR MAINTENANCE PROGRAM

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Potterfield, that the rule requiring that Resolution No. 188-03 be read on three separate days be suspended, and that Resolution No. 188-03 be placed upon its passage:

Discussion: The deadline for filing this grant is November 14, so passage this evening is essential.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Potterfield, that Resolution No. 188-03 be passed as read:

Discussion: Council met with Mr. Koran who explained the program. He also held a Public Hearing on October 20. This program will enable some residents in lower income groups to make exterior improvements to their homes. We hope to hear by January if the grant will be received.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

RESOLUTION NO. 189-03 BY THOMAS A. MALLING

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR OR HIS DESIGNEE TO MAKE APPLICATION TO THE CUYAHOGA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR STREETSCAPE IMPROVEMENTS IN THE CUYAHOGA COUNTY APPROVED IMPROVEMENT TARGET AREA

1^ST READING

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that Resolution No. 189-03 be read on three separate days be suspended, and that Resolution No. 189-03 be placed upon its passage:

Discussion: With the same deadline of November 14, this is our last opportunity to pass this ordinance.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Potterfield, that Resolution No. 189-03 be passed as read:

Discussion: Copies of the application have been distributed with details of proposed streetscaping. This would improve common areas, including gateways to the City. The total applied for is $300,000 with another $80,000 being expended by the City. Mr. Gollinger applauded these improvements to the area. Mrs. Bartolozzi asked where Blount Street is. The Mayor said that is the original name of Lake Road in front of the Westlake Hotel, and it has not been officially changed. Mr. Hurtuk complimented the job done by Mr. Koran and asked, now that he lives in Rocky River, if he will join Council on Mondays. The Mayor will take the question under advisement, noting that the Directors who are present are those whose positions are outlined in the Charter. Mrs. Bobst also noted that we should be notified in March or April on the status of this grant.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 190-03 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE TIRES ON THE OPEN MARKET AT THE BEST PRICES POSSIBLE FOR THE PERIOD JANUARY 1, 2004 TO DECEMBER 31, 2004

1^ST READING

Moved by Mr. Hurtuk, seconded by Mr. Gollinger , that the rule requiring that Ordinance No. 189-03 be read on three separate days be suspended, and that Ordinance No. 189-03 be placed upon its passage:

Discussion: Mr. Hurtuk asked if there is usually a cap place on the amount to be spent. Mr. Linden explained that that is difficult because prices fluctuate during the year. This method has been followed for the last few years because it is cheaper than purchasing through the State Cooperative Purchasing Act. The total is difficult to ascertain because it is charged to different departments.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mr. Gollinger , that Ordinance No. 189-03 be passed as read:

Discussion: Mrs. Bobst requested that next year a cap be placed on both this ordinance and the next by computing an average spent and adding a percentage of increase.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 191-03 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY SERVICE TO PURCHASE GASOLINE, FUEL OIL AND ALLIED PRODUCTS ON THE OPEN MARKET AT THE BEST PRICES POSSIBLE FOR THE PERIOD JANUARY 1, 2004 TO DECEMBER 31, 2004

1^ST READING

Moved by Mr. Hurtuk, seconded by Mr. Potterfield and Mrs. Bartolozzi , that the rule requiring that Ordinance No. 191-03 be read on three separate days be suspended, and that Ordinance No. 191-03 be placed upon its passage:

Discussion: Several cities have tried to purchase gas through bidding, but have paid more because prices fluctuate. This method has proved to be less expensive. The City keeps 10,000 gallons at the Service Garage and another 10,000 at City Hall. (Some gas, some diesel at both locations.) This gives us the flexibility we need.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that Ordinance No. 191-03 be passed as read:

Discussion: This will keep the City's fleet going. The Mayor indicated that the method is that Mrs. Briggs calls a list of suppliers when our stock is low, and orders from the supplier with the lowest price. Mr. Gollinger observed that market factors have worked well, and the Administration will continue to maintain control at the pump.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 192-03 BY ROBERT S. FROST

AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO TRADE IN ONE (1) LOT OF FIREARMS, HANDED OVER TO OR CONFISCATED BY THE POLICE DIVISION FOR ONE SEMI-AUTOMATIC RIFLE WITH SCOPE, BI-POD, TRAVEL VAULT AND SIGHTS WITH MOUNTS FROM ABELE-DAVIS CORP. FOR THE POLICE DIVISION VALUED AT $3,650.00 FOR A TOTAL NET COST, AFTER TRADE-IN OF $0.00

1^ST READING

Moved by Mr. Frost, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 192-03 be read on three separate days be suspended, and that Ordinance No. 192-03 be placed upon its passage:

Discussion: This ordinance should not be delayed because the quote, issued 11/5, is good for only 20 days.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Frost, seconded by Mr. Gollinger, that Ordinance No. 192-03 be passed as read:

Discussion: This program, begun by Mayor Umerley, allows the City to exchange confiscated or turned in firearms for equipment that can be used by the Police Department. This is the third exchange, and it is for 95 guns in exchange for $3650 of useful firearms.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hurtuk - aye Bobst - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Hurtuk asked the Administration for a copy of the last contract for removal of dirt from the pile on Lake Road. The Mayor promised to enclose it in Friday's packet.

Mr. Matty complimented Director Linden and Commissioner Winterich for their fine work in leaf removal this year. He reported that leaves are being collected as quickly as he is able to rake. President Bobst added that it helps with the large safety issue and reminded residents to keep the leaves on the tree lawn and off the street because of the hazards of fire from the heat generated by cars and the danger to children who like to play in leaf piles.

AUDIENCE PARTICIPATION: NONE

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 November 10, 2003. These minutes may be revised or amended at the next Legislative Meeting.