DRAFT
CITY OF ROCKY RIVER
NOVEMBER 15, 2004
The Committee-of-the-Whole 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. Hagan, Mrs. Bobst
Absent: Mr. Hurtuk
Administration: Mayor Knoble, Mr. Linden
Assistant Law Director: Mr. Hotz
Press: Mr. Kelley, Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance.
Mrs. Bobst noted the presence of residents who might have questions or comments and encouraged them to contact Council members during the week to express their opinions or to attend next week's meeting which allows time at the end for the public to address any topic of interest.
MAYOR'S REPORT:
The Mayor distributed copies of a report of a decibel reading on a skateboard ramp constructed in the rear yard of a residence on Delmar Drive. This reading was done last Friday. Attached was Section 558.03 of the Codified Ordinances which states allowable noise levels. The report shows that the readings done at this residence did not indicate Code violation since the noise level did not exceed the limit by 15 dB or last long enough to violate sections (B) (2) or (3). The Mayor has instructed the Police Department not to respond to calls of noise at this address because testing has determined that the noise generated does not exceed the limits allowed. Tonight, Council will meet with the City Prosecutor in Executive Session. Comments will not be made until after that session, if appropriate. That is how the issue stands- there is no violation of any City code.
Mayor Knoble received an e-mail from Peg Wiesenberger Thomas, the daughter of the late Council President, Bob Wiesenberger, telling him of the passing of Mr. Wiesenberger's seeing-eye dog last Saturday. He will be interred with Mr. Wiesenberger and the ashes of his other three dogs in Maine.
The leaf collection process is proceeding, and the Mayor is hopeful that the entire City can be covered twice this week Once more he urged residents not to rake leaves into the street where they would pose a safety hazard for children, a fire hazard for cars with catalytic converters and clog the sewers.
UNFINISHED BUSINESS:
Resolution No. 91-04: Mr. Hagan stated that this ordinance is still on hold pending revisions in the exhibit and wondered if would be wiser to withdraw the ordinance and resubmit it when the exhibit becomes available. It was suggested that this is a dead issue, and Mr. Hagan will check with the Law Director on the Mayor's suggestion of indefinite postponement.
Ordinances No. 115-04 and 116-04: These ordinances would rezone City property on Lake Road. Mr. Potterfield indicated the committee met with an environmental consultant, Mr. Matt Knecht, who gave them much good information. Because there was no time for discussion of that information, Mr. Potterfield has called for a second committee meeting to review Mr. Knecht's comments for December 13 at 7:00 p.m. He requested the presence of Mr. Matty at that meeting.
Resolution No. 133-04: This resolution adopts the Master Plan. Mr. Potterfield noted that it has been referred to the Planning Commission which has decided on a sequential review, beginning with tomorrow evening's meeting. He may have more information following that meeting.
Ordinances Nos. 143-04, 144-04 and 145-04: Mr. Gollinger said that these ordinances, which shorten the period of the rental license/certificate of occupancy, will be read for the second time next week. He plans to have the full three readings to allow time for resident input. As yet, he has had no feedback. Mr. Hagan asked about the possibility of revision of Section 1370.99. Mr. Gollinger indicated that he planned to raise that point later in the meeting.
Mrs. Bobst noted that an article in Sunday's Plain Dealer was timely in its discussion of this issue, mentioning that there was much concern at the increased number of rentals in many suburbs and concern for property maintenance. Mr. Gollinger praised the value of being proactive.
Ordinance No. 149-04: Mr. Hagan reported that the Contracts committee had met this evening with Mayor Knoble and discussed materials provided by the Mayor prior to the meeting concerning the Yacht Club basin and the feasibility study authorized by this ordinance. The 1988 study was discussed as well as more current materials. One recommendation was to change the wording in the exhibit to show that Council has the authority to grant permission to extend the dollar amount of the contract. After the third and final reading this week, Mr. Hagan expects to call for a vote.
Ordinance No. 153-04: This ordinance, connected with Ordinances Nos. 143-04 to 145-04, deals with the penalty for citations issued. Mr. Gollinger indicated that this also will have three readings.
NEW BUSINESS:
Ordinances Nos. 156-04 through 163-04: Mr. Gollinger explained that together, these ordinances authorize the purchase of the chemicals necessary for purification of waste at the Wastewater Treatment Plant as well as removal of by-products and testing. These purchases are made annually; these ordinances are the result of competitive bidding and review of the bids by the Safety-Service Director's office. Mr. Gollinger noted that they are in accord with previous years. While there are some increases, they are probably due to increased energy prices, and Mr. Gollinger expressed appreciation for the efforts of the Safety-Service Director. These will be placed on the Consent Agenda.
Ordinance No. 164-04: This ordinance will authorize the purchase of a new boiler for the WWTP, and Mr. Gollinger commented that this was a budgeted purchase, necessary for proper operation of the plant before winter. The City has had experience with this company which has performed well and Mr. Gollinger is comfortable with the purchase. Mr. Potterfield asked if the use of multiple boilers has been considered. Mr. Gollinger said that he will ask the Engineer.
Ordinance No. 165-04: Mr. Hagan commented that he has not yet had the opportunity, but will discuss this proposed repair work on the Lake Road bridge with Mr. Lesiecki this week. The Mayor, in initial discussions of this ordinance, thought the work would be done on the Marion Ramp, but this ordinance will authorize repair of the bridge he calls the Clifton Road bridge in our City and Lakewood. There will be no cost to either City as this is an ODOT project. The Administration continues in its attempts to have the County work on the Marion Ramp. This ordinance will be placed on the Consent Agenda.
MISCELLANEOUS BUSINESS:
Insurance Quotes: The Mayor commented that, in response to requests last year to pursue a pool without deficits, he had found the Ohio Plan Pool. Unfortunately, their administrator did not follow the bid specs which call for two separate bids, one for the City's insurance, the other for the WWTP which, because the costs are shared with other cities, requires a separate quote.
The Mayor outlined two choices:
1. The City can proceed and accept the renewal with McGowan & Co. using the same carrier who has done a fine job. They stress loss control, initiating safety talks for employees and conducting inspections to promote safety. The City has scored very well in these inspections. This is the recommendation of the Administration.
2. The City can rebid to allow Love Insurance, the administrator for the Ohio Plan Pool to correct its bid. At this point, they cannot tell us what will happen to the numbers in that case. Claims with this pool would go back for two years. For longer periods than that, there would be an additional charge.
Mrs. Bobst asked how long the rebidding process would take.
The process would take approximately five weeks including advertising time and review of the bids. The approximate cost is $1000. The current contract expires on December 31.
Mr. Gollinger said that if he were the company which followed the rules, he would have difficulty accepting the City's offer of a second round of bids because another bidder did not. The first company's bid is now exposed and that is an advantage to other bidders. The specifications were clear but not followed, and he does not feel there is any excuse. He thought this might encourage compliance next year.
Mr. Linden, who worked on the specifications and bids, said that it is difficult to determine umbrella coverage which is $5 million per occurrence and $7 million aggregate with the Ohio Plan, $6 million per occurrence and $7 million aggregate with the St. Paul, and Jackson Dieken, the only bid received for the WWTP, would have a $4 million umbrella aggregate. It is difficult to compare because Love Insurance did not bid properly. This year's bid from McGowan with St. Paul is only $503 more than last year.
Mr. Frost asked about the three bids submitted by McGowan. The first two are bids from two different carriers. The Argonaut bid was submitted to compete with the pool, but has much higher deductibles, and is not a very good program for the City.
Mrs. Bartolozzi agreed with Mr. Gollinger, and pointed out that if the insurance is rebid, the time is extremely limited. The consensus was to continue with St. Paul Insurance Company, the City's present insurer.
COMMITTEE REPORTS:
Finance Committee: Mr. Hurtuk's committee will meet next week in the Committee Room at 6:30 p.m.
Environmental Committee: Mr. Gollinger reported that last week the Law Director encouraged the committee to consider an update of Section 1370.99, penalties for violations of the property maintenance code so that it would be in agreement with the rental penalties. As there were no objections, Mr. Gollinger will ask the Law Director to draft the ordinance for next week and he hopes to complete it before the year's over.
Safety Committee: The Working Group on Animal Control Laws will meet tomorrow at 7:00 p.m. in the Committee Room. They are working with finalizing suggested proposals to the Safety Committee, which will bring them to Council.
Parks and Recreation Commission: Mrs. Bobst announced that the Commission will meet at
8:00 a.m. Wednesday in the Ice Rink Pavilion.
Planning, Zoning and Economic Development Committee: Mr. Potterfield indicated that his committee will meet on December 13 at 7:00 p.m. to discuss Ordinances 115-04 and 116-04, the Lake Road Development site.
COMMUNICATIONS AND ANNOUNCEMENTS:
Mr. Hotz requested an Executive Session to discuss a pending matter.
Mrs. Bobst wished Mr. Hurtuk a happy birthday on Sunday.
Last Thursday, Mrs. Bobst attended a Northeast Ohio City Council Association (NOCCA) Forum held at the City Club to discuss collaborative relationships. She reminded Council members of the review of the matrix at the last Committee-of-the-Whole. At the forum, our City's collaborations were highlighted and given praise for the number and variety of collaborations on a regional basis to maximize resources and cut costs.
December 27 is the last Legislative Meeting of the year, and Mrs. Bobst asked Council members who would be unable to attend the meeting to let her know as soon as possible.
Master Plan comments and questions should be forwarded to Director Koran so that he can forward them to the Planning Commission for their work.
The Mayor has requested that the Council newsletter article be submitted to Mrs. Burt by early December.
A renewal notice for dues has been received from NOCCA. The annual dues are $400. There was a consensus to renew the membership.
Mr. Gollinger asked the Administration about a newspaper article stating that North Olmsted had been awarded a FEMA grant for a communication system. He wondered if this was an indication that they would be uninterested in joining the other Westshore COG cities in a computerized fire/EMS dispatch center.
MOTION:
Moved by Mrs. Bobst, that at the request of the Assistant Law Director, an Executive Session be held immediately following the meeting under Article X, Section 6, Subsection 3, a conference with an attorney for the public body concerning a dispute involving the public body that is the subject of imminent or pending court action.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
As there was no further business by members of Council, the meeting was adjourned at
8:42 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 meeting of the Committee-of-the-Whole of November 15, 2004. These minutes may be revised or amended at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
NOVEMBER 15, 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 7:05 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
Law Director: Not required or requested
Mr. Hagan opened the meeting, called to discuss Ordinance No. 149-04, 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. He advised those in attendance that this was not a public hearing and there would be no opportunity at this meeting to publicly address the committee. He encouraged those with input to communicate with Council members during the week by e-mail, letter or phone.
For background information, Mr. Hagan turned to the Mayor who had distributed information to members of Council gathered since the 1988 study up to the present time. Mayor Knoble remembered that in the 60's, the area attracted young people just starting out, but observed that it is now a much more stable community with fewer rentals and more owner-occupied homes and families. He concluded that the City must face the issue of safety of the residents there and the ability to get emergency vehicles to help them if needed. The 1988 study prepared by the Regional Planning Commission focused largely on zoning, seeking a solution for the intersection of Riverdale and Yacht Club and suggesting a layout of a circular one-way traffic pattern on the two streets. This plan was rejected by residents and the City Council at the time.
Following through, the City purchased properties which had become available, and acquired land, made more feasible by the fact that the houses were not in good condition. The City's intention was to acquire the houses, tear them down, widen Riverdale, and resell the remaining unneeded property to a developer. The water line became an issue which has been resolved and the Administration is now ready to proceed. The Mayor indicated that he does not feel that the study of 1988 or any work done since that time has addressed the issues now being considered: widening the streets into two-lane roads, and widening the hairpin curve for accessibility by rescue vehicles. To address these issues, this feasibility study is essential. The City has never considered acquiring property on the east side of the curve to make the project viable. Before engineering can be done, the feasibility study is needed to tell us how far we need to go into adjoining properties on the east side of Riverdale. Sidewalks are another issue which has been addressed on Yacht Club, but not on Riverdale. No other study has been done, either internal or outsourced, which tells us what we need to know about widening the roadway and the size of lots which will remain. The Mayor reiterated that he feels it essential that the study be done.
Mr. Hagan felt that some clarification was necessary as far as evidence that South Island is a dedicated street. In the 1988 study, the Regional Planning Commission stated that Riverdale, Island and South Island are private roads.
Mr. Hagan also mentioned that in the Mayor's information packet, there was a preliminary cost study from Mr. Alban, the former City Engineer, to resurface and pave the existing roadways.
Mrs. Bobst noted that the price proposal was attached as Exhibit "A", but not the technical proposal or scope of services.
Mrs. Bobst noted that this is essentially an extension of professional services laid out in the fall of 1998, but never done except for the demolition of the homes.
Mr. Hagan asked Mr. Linden about minimum requirements for sidewalks.
Mr. Frost asked if the scope of services reviews the top of Yacht Club Drive from Beach Cliff to Riverdale.
Mr. Frost said that at this point, he was unsure as to whether or not it would be necessary. A wider Yacht Club Drive would make an easier turn. If sidewalks were to be installed on Riverdale, at least 25 ft. would be necessary. Mr. Frost further asked, assuming the feasibility study has workable options, and the City can proceed to widen the curve to make it safer, if there is a plan in place to market the unneeded portions of the property which were purchased.
Mr. Hagan remarked that it has been 16 years since anything has been done as far as street layout is concerned. With this study, options will be more complete so that we know what can be done with Riverdale and Yacht Club. He feels that the study is warranted. That information, with resident input, can help formulate a course of action.
First, however, he wished to address the exhibit of Ordinance No. 149-04 and requested a change in page 2 of the letter to the City Engineer from Mr. Mackay. In the following sentence, "This fee will not be exceeded without your prior permission.", Mr. Hagan wished a change so that permission is granted by City Council.
Mrs. Bobst also raised the question of which streets are dedicated, referring to the 1988 study. She also had questions in regard to the materials in the packet distributed by the Mayor, and wondered if Mackay would have access to the 1988 study if it should be awarded the contract and was assured that they would.
Mrs. Bobst asked about the technical proposal and wondered if it is available. The Mayor indicated that Mr. Lesiecki was unable to attend this meeting as he had intended because of a funeral in his family and that the proposal would have been brought by him. However, he assured Council members that the information would be available before the vote.
Mr. Frost agreed, saying that he, too, would like to see the information. Since the rate quoted by Mackay is good until June, if further questions arise that warrant further work, Council has the option of authorizing further services. At this time, Mr. Frost added that he would not like to delay this study because of further questions, since it is possible that this study may answer them.
Mr. Potterfield added his comments: in numerous studies and through much paperwork, two facts have come to his mind. 1) volatile conditions have made work in the basin difficult and expensive and 2) acquiring property or rights, either by buying or through easements has never been easy. He does not believe that much property has changed hands, so difficulties in negotiation might still exist. Surveys have not addressed this issue.
Mr. Gollinger observed that this has been around for a long time, and hopefully, we can move in a direction to see what makes sense. He favors increased safety for residents and raising property standards.
Mr. Hagan summarized, then, by saying that with one amendment in the letter from Mackay, stating that it is Council's authority to exceed the stated fee, he has no objection, and he feels it is time to get the facts on what can be done and the costs involved. A consensus was reached to recommend passage to the Committee-of-the-Whole.
Moved by Mr. Hagan, seconded by Mr. Frost and passed unanimously that the meeting be adjourned.
The meeting was adjourned at 7:41 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 November 15, 2004. These minutes may be revised or amended at the next Legislative Meeting.