DRAFT
CITY OF ROCKY RIVER
NOVEMBER 22, 2004
Regular meeting of Council was called to order by Mrs. Bobst, President of Council, at 8:00 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas, Mr. Lesiecki
Law Director: Mr. Matty
Press: Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hagan and Mr. Gollinger, that the reading of the minutes of the Legislative Meeting and the Executive Session of November 8 and the minutes of the Committee-of-the-Whole and the Executive Session of November 15 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bobst and Mr. Frost, that the reading of the minutes of the meeting of the Contracts - Government and Judicial Committee of November 15 be waived and that the minutes be accepted as submitted.
Vote: Hagan - aye Frost - aye Bobst - aye
3 ayes 0 nays PASSED
MAYOR'S REPORT:
Chief Wagner was pleased to announce that the Ohio Department of Natural Resources had once
again awarded our City a plaque for the Outstanding Marine Patrol of 2004. This is the 7th
consecutive year that Rocky River has won this distinction.
City Hall's holiday schedule is as follows: Offices will be closed on Thanksgiving Day, but open on Friday. Offices will also be closed on Friday, December 24 and Friday, December 31.
A tree-lighting ceremony will be held this Saturday at 5:00 p.m. in front of City Hall. The event is sponsored by the Rocky River Junior Women's Club. Following the tree lighting, the Don Umerley Civic Center will be open for refreshments and a display of gingerbread houses.
In response to an inquiry by Mr. Frost as to the availability of cable television at Elmwood Cabin, the Mayor called Cox Cable who agreed to install and provide the service at no cost to the City. Target date for completion of the installation is December 17.
The Mayor has received information from the Cuyahoga County Board of Elections that there were 376 provisional ballots cast in Rocky River. Approximately 300 have been approved and will be counted pending a final vote by the Board of Elections. He will keep everyone informed.
LAW DIRECTOR'S REPORT:
Conversations with Tim Dobeck, Law Director of Parma, indicate that the Cox Cable guidelines for Ordinance No. 91-04 will be significantly delayed. He recommended that the ordinance be postponed indefinitely and reactivated when the documents become available. Apparently it has taken longer than originally thought for the core communities to come to a unanimous understanding.
Last week a lease proposal was received from Madison Marquette for the lease by the City of the garage at Beachcliff Market Square. This lease has been reviewed, and Mr. Matty has discussed revisions with Mr. Koran. The revised copy was mailed today, and if all goes well, an ordinance will be prepared for Council packets before the next meeting on December 6. Mr. Matty has consulted the legal opinion of Calfee, Halter and Griswold, our legal counsel. The schedule of lease payments totals $980,000.
COMMITTEE REPORTS:
Finance Committee: Mr. Hurtuk reported that the Finance Committee met this evening with Mayor Knoble and Director Thomas. He thanked all Council members who were in attendance. The budget so far this year as well as some discussion of the 2005 budget were held. Mr. Hurtuk indicated that he was encouraged that there were signs that estimates made earlier appear to be holding true. Ongoing health care remains a financial challenge. The committee will probably not meet again until into the New Year when the format used last year for meetings with directors will be replicated.
Safety Committee: Mr. Frost reported that the Working Group on Animal Control Laws will
meet on November 30 at 7:00 p.m. in the Committee Room. The group is currently reviewing
Chapter 505.27 to 31 and penalties. They expect to present their recommendations to the Safety Committee at a meeting early in January.
COMMUNICATIONS AND ANNOUNCEMENTS:
Mrs. Bobst has received a letter from Mrs. Linda Ghazal, 3596 Beverly Hills Drive concerning the skateboard ramp on Delmar Drive. (Exhibit "A")
A facsimile message was received from The Coral Company regarding the waiver of sewer tap-in fees. (Exhibit "B")
As mentioned by the Mayor, the tree lighting ceremony, All Aglow, is being sponsored by the Jr. Women's Club. Those who wish may purchase tree lights as memorials to honor loved ones. Information is available from Ann Coyne or at City Hall, Gretchen Burt.
Mr. Matty informed City Council members that regarding the request for waiver of tap-in fees, the City would have to pay the fees if it grants such a waiver; it cannot be absorbed by other users.
Mrs. Bobst had no requests for changes to the Consent Agenda.
AUDIENCE PARTICIPATION: NONE
RESOLUTION NO. 91-04 BY BRIAN HAGAN
A RESOLUTION APPROVING THE UPDATED PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS GUIDELINES AND HANDBOOKS AND DECLARING AN EMERGENCY
2ND READING
Moved by Mr. Hagan, seconded by Mr. Frost and Mrs. Bartolozzi, that Resolution No. 91-04 be indefinitely postponed.
Discussion: This motion, at the suggestion of the Law Director, will remove this resolution from the active agenda. It may be redrafted when exhibits are available.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
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 and Ordinance No. 116-04 will be discussed at the committee meeting scheduled for December 13, 2004.
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. No end date has been determined.
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
2ND READING
Mr. Gollinger explained that this ordinance is concerned with rental properties and reduces the period of the rental license/ certificate of occupancy from 24 to 12 months to increase inspection frequency, as do Ordinances No. 144-04 and 145-04. This is the second reading.
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
2ND READING
See discussion for Ordinance No. 143-04. This ordinance will also be read three times.
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
2ND READING
See discussion for Ordinance No. 143-04.
MOTION:
Moved by Mr. Hagan, seconded by that Ordinance No. 149-04 be amended as to Exhibit "A", reflecting the change in language to allow exceeding of the stated amount only with permission of City Council.
Discussion: As requested, Mr. Lesiecki was able to obtain a revised copy of the proposal which will now be attached to the ordinance.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
AMENDED 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
3RD READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Amended Ordinance No. 164-04 be passed as read:
Discussion: The Mayor brought copies of official maps obtained by Mr. Gottschalk from the County Recorder's office. These maps show that the Regional Planning Commission was in error in their 1988 report, and that all three streets in question, Yacht Club, Island and S. Island are dedicated streets, accepted by the City and the residents. Mr. Potterfield asked if the Law Director has reviewed the maps, and Mr. Matty indicated that he has not.
Mr. Hagan noted that this feasibility study has been recommended by the Contracts Committee so that it can be determined what can be done to improve the safety and welfare of residents in the area.
Vote: Gollinger - aye Potterfield - nay Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
6 ayes 1 nay PASSED
ORDINANCE NO. 153-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AMENDING SECTION 1371.99 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "PENALTY; LEGAL ACTION", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
This ordinance is associated with the rental property ordinances discussed earlier, pertaining to penalties. Mr. Gollinger will also read this ordinance three times.
ORDINANCE NO. 164-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE A REPLACEMENT BOILER FOR THE ROCKY RIVER WASTEWATER TREATMENT PLANT AT A TOTAL COST NOT TO EXCEED $14,900.00
1ST READING
Moved by Mr. Gollinger, seconded by Mr. Frost, that the rule requiring that Ordinance No. 164-04 be read on three separate days be suspended, and that Ordinance No. 164-04 be placed upon its passage:
Discussion: At the last Committee-of-the-Whole, a question was raised as to whether multiple boilers would be more efficient. Mr. Lesiecki has obtained the answer indicating the rationale by which the single boiler was shown to be the best for the City's WWTP. This should not be delayed as installation before bad weather is desirable.
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 Ordinance No. 164-04 be passed as read:
Discussion: This project was put out for bids, and this was the lowest.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
RESOLUTION NO. 166-04 BY BRIAN A. HURTUK
AN EMERGENCY RESOLUTION ACCEPTING AMOUNTS AND RATES DETERMINED BY THE CUYAHOGA COUNTY BUDGET COMMISSION AND CERTIFYING THEM TO THE CUYAHOGA COUNTY AUDITOR
1ST READING
Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Resolution No. 166-04 be read on three separate days be suspended, and that Resolution No. 166-04 be placed upon its passage:
Discussion: This is a housekeeping ordinance accepting tax rates, authorizing levies and certifying them to the County Auditor. Mr. Hurtuk indicated that there is no reason to delay the legislation by having 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 Mrs. Bartolozzi, that Resolution No. 166-04 be passed as read:
Discussion: Mr. Thomas explained that this is step to moving the 2005 budget along. This certifies that the rates are justified and needed. There is not increase in rates from last year.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 167-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE APPROVING THE PLACEMENT OF AN EROSION MITIGATION REVETMENT LOCATED WITHIN A LAKE ERIE SUBMERGED LAND LEASE ADJACENT TO PERMANENT PARCEL NO. 301-05-002 AT 19950 FRAZIER DRIVE, ROCKY RIVER, OHIO
1ST READING
Moved by Mr. Potterfield, seconded by Mr. Frost, that the rule requiring that Ordinance No. 167-04 be read on three separate days be suspended, and that Ordinance No. 167-04 be placed upon its passage:
Discussion: This is an erosion control project and there is no reason to defer. Mr. Matty asked the City Engineer if the Beachcliff Board of Trustees has been notified of this project. He asked the Clerk to send copies to Mr. Connelly asking the Board to review with two weeks, if possible.
Mr. Potterfield withdrew his motion pending the Board's review.
ORDINANCE NO. 168-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE APPROVING THE PLACEMENT OF AN EROSION MITIGATION REVETMENT LOCATED WITHIN A LAKE ERIE SUBMERGED LAND LEASE ADJACENT TO PERMANENT PARCEL NO. 301-05-003 AT 19880 FRAZIER DRIVE, ROCKY RIVER, OHIO
1ST READING
See discussion for Ordinance No. 167-04.
ORDINANCE NO. 169-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AMENDING SECTION 1370.99 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "PENALTY; LEGAL ACTION", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
This ordinance changes penalties for non-rental properties, matching penalties for non-compliance with those now proposed for rental properties. It will be discussed at the next meeting of the Committee-of-the-Whole.
ORDINANCE NO. 170-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT FOR VARIOUS INSURANCE COVERAGES FOR THE ROCKY RIVER WASTEWATER TREATMENT PLANT WITH JACKSON, DIEKEN & ASSOCIATES FOR THE YEAR 2005 AT A TOTAL COST OF $50,872.00
1ST READING
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 170-04 be read on three separate days be suspended, and that Ordinance No. 170-04 be placed upon its passage:
Discussion: This ordinance and the one that follows it were discussed at the last meeting of the Committee-of-the-Whole. Both policies covered by these ordinances expire at the end of the year, so they should not be delayed.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 170-04 be passed as read:
Discussion: The one other bid received did not meet specifications. Mr. Linden indicated that this policy provides an extra $4 million in umbrella liability insurance. This is the better bid.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 171-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT FOR VARIOUS INSURANCE COVERAGES FOR THE CITY OF ROCKY RIVER WITH
MCGOWAN AND COMPANY, INC. FOR THE YEAR 2005 AT A TOTAL COST OF $281,674.00
1ST READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi and Mr. Gollinger, that the rule requiring that Ordinance No. 171-04 be read on three separate days be suspended, and that Ordinance No. 171-04 be placed upon its passage:
Discussion: As with the previous ordinance, bids were placed and reviewed. The current policy expires at the end of December so this new policy is necessary by January 1, 2005.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 171-04 be passed as read:
Discussion: The other bidder combined this coverage with that of the WWTP. This is the current carrier and it provides $1 million per occurrence and 5 or 6 years of prior coverage. This was judged to be better plan for the City's needs.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCES AND RESOLUTIONS UNDER CONSENT:
ORDINANCE NO. 156-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FERRIC CHLORIDE FOR THE YEAR 2005 FOR THE WASTEWATER TREATMENT PLANT FROM EAGLEBROOK, INC. AT $212.00 PER DRY TON
1ST READING
Mr. Gollinger indicated that Ordinances No. 156-04 through 162-04 deal with chemicals required by the WWTP or services required to dispose of purified wastes.
ORDINANCE NO. 157-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SODIUM BISULFITE FOR THE YEAR 2005 FOR THE WASTEWATER TREATMENT PLANT FROM PVS TECHNOLOGIES, INC. AT $0.74 PER GALLON
1ST READING
ORDINANCE NO. 158-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SODIUM HYPOCHLORITE FOR THE YEAR 2005 FOR THE WASTEWATER TREATMENT PLANT FROM UNIVAR, USA AT $0.549 PER GALLON
1ST READING
These chemicals were all publicly bid.
ORDINANCE NO. 159-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE REMOVAL OF GRIT AND SCREENINGS FOR THE YEAR 2005, THE FOURTH YEAR OF A FIVE (5) YEAR CONTRACT ENDING DECEMBER 31, 2006 FOR THE WASTEWATER TREATMENT PLANT FROM BFI OF OHIO INC AT $23.75 PER CUBIC YARD WITH AN ADDITIONAL, MANDATORY O.E.P.A. DISPOSAL FEE OF $.25 PER TON
1ST READING
This ordinance authorizes disposal of the end product along with a $.25 per ton EPA fee.
ORDINANCE NO. 160-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE REMOVAL OF RAW SEWAGE SLUDGE FOR THE YEAR 2005 FROM THE WASTEWATER TREATMENT PLANT FROM J & J REFUSE, INC. AT A COST OF $32.47 PER WET TON
1ST READING
ORDINANCE NO. 161-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE REMOVAL OF DIGESTED SLUDGE CAKE TO A LANDFILL FOR THE YEAR 2005 FOR THE WASTEWATER TREATMENT PLANT FROM J & J REFUSE, INC. AT A COST OF $32.47 PER WET TON
1ST READING
ORDINANCE NO. 162-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE REMOVAL OF DIGESTED SLUDGE CAKE FOR THE YEAR 2005 FROM THE WASTEWATER TREATMENT PLANT FROM YAWORSKY FARMS AT A COST OF $9.98 PER WET TON
1ST READING
ORDINANCE NO. 163-04 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH AMERICAN TESTING CO., INC FOR LAB ANALYSIS OF WASTEWATER SAMPLES FOR THE PERIOD ENDING DECEMBER 31, 2005 IN AN AMOUNT NOT TO EXCEED $10,977.00
1ST READING
This ordinance authorizes funds for the mandated testing of samples. There were six bidders; this is the low bidder.
ORDINANCE NO. 165-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE ENACTED BY THE CITY OF ROCKY RIVER, CUYAHOGA COUNTY, OHIO, IN THE MATTER OF THE HEREINAFTER DESCRIBED IMPROVEMENT AND REQUESTING THE COOPERATION OF THE COUNTY OF CUYAHOGA BY ITS BOARD OF COUNTY COMMISSIONERS
1ST READING
This ordinance authorizes the repair of the bridge on Lake Road that the Mayor refers to as the Clifton Road Bridge. There will be no cost to the City for the repairs. There should be no delay, as the work should proceed as quickly as possible.
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that all ordinances on the Consent Agenda be read on three separate days be suspended, and that the stated ordinances be placed upon their passage:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the stated ordinances be passed as read:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
The Mayor turned to Mr. Lesiecki for an update on the Bates/Orchard Park project. Mr. Lesiecki reported that Bartlett and Blossom had received their final paving on Monday. Baldwin, Berry and Bates should be paved tomorrow, weather permitting. This would conclude all paving on the project. Sidewalks and aprons on the north side of Berry have been completed and also on the west side of Bates between Berry and Blossom. Work continues on the south side of Berry and the east side of Bates. The Engineer is hopeful that it will be completed in the next week or so, weather permitting.
Mr. Frost asked about pitting of new concrete by road salt and the salting of sidewalks by residents. He asked if the City has a plan to notify residents. The Mayor said that it did, and that residents would be notified before snow falls.
The Law Director requested an Executive Session immediately following the meeting to discuss a matter of pending litigation.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Hurtuk, that at the request of the 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 two disputes involving the public body that are the subject of imminent court action, and at her request, to consider the compensation of a public employee or official under Article X, Section 6, Subsection 1.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Mr. Gollinger raised a question on the action of the BZA at its last meeting in regard to Item 8 on the agenda. This was a request for a variance to retain a greenhouse extension to an existing accessory structure. Under Article VI, Section 2, Subsection (1) (B), he requested a review by Council of a decision to grant the variance because the practical hardship presented was that the structure was already completed. Although the minutes are not yet available, Mr. Gollinger has spoken to Ms. Ventimiglia, Secretary to the Commission; she has told him that that is the wording that will be used. On that basis, Mr. Gollinger requested an opportunity to review presentations on that item.
Mrs. Bobst read from the Charter so that all would have a clear idea of what it says:
"Any decision of the Board granting a variance or exception shall not be final and take effect until the seventh (7th) day after the date of the decision by the Board. During such time period, the applicant, the Director of Community Development, or any elected official of the City may request a review by Council of the decision of the Board. A request for review may be granted by Council if it finds and determines that one or more matters at issue in such a request affect or involve a purpose of the City's development code or the intent of Council in said code's adoption and if such request receives an affirmative vote by five (5) members of Council. If such an affirmative vote is received, Council shall hear the request de novo, with all interested parties having the opportunity to be heard and present evidence in support of their respective position. Council may affirm, reverse, amend, or modify the decision of the Board. Should Council fail to hear and decide the request within thirty (30) days after the date of the decision of the Board, the decision of the Board shall be final and take effect subject to law. Council may only reverse, amend or modify the decision of the Board by an affirmative vote by five (5) members of Council."
She indicated that the date of decision of the BZA is the date the minutes are approved, which would be this Wednesday. If Council wishes to review this decision, it must declare its intention within seven days of that date.
Mr. Gollinger mentioned that he had raised the question this week because Council will not meet again until December 6. In providing background, Mr. Gollinger explained that in the past, a swing set was constructed with a variance from the BZA to place it outside the setback
requirements. Along the way, the individual with the swing set opted to enclose it and make a structure with glass windows which changed the scope of what was approved. There is now a greenhouse extension within the side yard setback. This has been even more problematic as the home is on a corner lot. A number of neighbors have concerns pertaining to this structure and Mr. Gollinger thinks that it is appropriate to review the case and determine whether or not the variance for a side yard setback of 3'6" v 5' required from the side or rear lot line should have been granted. Their practical difficulty is that the structure has already been built.
Mr. Frost, who was present at the meeting of the BZA, gave more details: the play structure was in the current location before the present owners purchased the house. They sought a variance to enclose a portion of the structure last year. That history was confirmed by the Building Commissioner. After that project, there was an unenclosed portion. Recently he sought a permit to enclose the remainder and paid for it; he did not receive it, but enclosed the structure. Later, he was told that he needed a variance.
Mr. Gollinger said it was his understanding that the money was received in the Building Department so that if the permit was granted, the resident would not have to return to City Hall.
Mr. Frost indicated that no permit was issued and asked the Law Director if the practical difficulty meets the standard.
MOTION:
Moved by Mr. Gollinger, seconded by Mr. Frost, that in accordance with the Rocky River Charter, Article VI, Section 2, Subsection (1)(B), that City Council conduct a review of the BZA decision pursuant to 1961 Hampton Road of November 18 to affirm, reverse, amend or modify the decision of the Board.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - nay Bartolozzi - nay Hagan - aye
Bobst - aye
5 ayes 2 nays PASSED
Regarding the same BZA meeting, Mr. Potterfield raised the question of # 5, the variances granted for Grand View, particularly the final variance, to construct a townhouse development with a 16.5' width dwelling unit vs. a 20' minimum required. Again, the question of hardship was
raised. Mr. Potterfield explained that he felt that a major factor is that the developer, Mr. Chandler, has done other quality developments and in this case, has taken a unique property on a street which has many rentals and will make it saleable.
MOTION:
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Council conduct a review of the decision of the Board of Zoning Appeals for Grand View, 22131 River Oaks Drive, a variance of Section 1147.03, to construct a townhouse development with a 16.5' width of a dwelling unit vs. a 20' minimum width required.
Discussion: Mr. Potterfield stated that there have been many projects in the City recently of this nature which require variances. There is little of the Code left, as it is being taken apart project by project.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - nay Bartolozzi - nay Hagan - aye
Bobst - nay
4 ayes 3 nays DEFEATED
The De Novo Hearing, as it relates to the property on Hampton Road, was scheduled for December 6 at 7:00 p.m. in the Council Chambers
AUDIENCE PARTICIPATION:
Raymond Rabbett, 1961 Hampton Road, is the homeowner whose variance will be reviewed at the de novo hearing. He was concerned that only the latest variance would be reviewed and not the entire existing structure. He was assured that the existing structure and prior modifications will not be in the purview of this hearing.
Mrs. Bobst asked that other explanations wait for the hearing.
James Wymer, WXZ/Coral Development, wished to clarify the comments in the letter written to Council regarding his development, the Hamlets. The letter contained several points, but in the granting of the waiver, the question is whether or not the fee was rightfully imposed. The approval process began on May 3 with an appearance before the Planning Commission. At that time, they met with the City to look at costs and fees that would be imposed on the project. Because this legislation was enacted after they began the process, Mr. Wymer feels that this should not be imposed on this project. He would also like to address the size of the fee, but most important is the timing, affecting a project already in process.
Bob Kelly, 20177 West Haven Lane also wished to address the impact of the sanitary sewer tap-in fees as it relates to his project. He began in August of 2003 to introduce his project for the corner
of Lake and Linda and submitted plans, working through the process. During this time, he inquired about building fees and was given a list to be applied. At no time was there a mention of a $3000 per unit tap-in fee. Proceeding through the Boards and Commissions, at no point was he told about this fee. As the City Engineer in Westlake, he understands that a city has a right to levy a fee, but he feels that this is too high. In Westlake, for example, it is $750 and prorated on size and number of fixtures. He feels that receiving a letter at the time of the final permit is too late, and said that the $3000 cost per unit was not anticipated. He requests that the fees, since they were not in place at the time of the application, not be applied to this project.
This issue will be investigated and discussed with Commissioner Beirne. The minutes for the meetings where it was discussed will be reviewed. Mrs. Bobst asked that this issue be placed on the agenda for the next Committee-of-the-Whole.
Mr. Wymer asked for further clarification concerning the increase in usage to establish this fee. If 30 units are replacing 10 existing units, the increase is 20 units. The Law Director will discuss this issue with the City Engineer.
Dennis Klasch, 3616 Beverly Hills Drive. Mr. Klasch has sent an e-mail to the Mayor regarding the skateboard ramp erected by his neighbor on Delmar Drive. (Exhibit "C"). He said he has not heard anything and would like to know if there is any progress.
Linda Ghazal, 3596 Beverly Hills Drive. Ms. Ghazal also wrote to the City (Exhibit "A"). She also would like an update.
It was explained that, in Court, the magistrate upheld the applicant's side of the issue. Council must now decide what action, if any, it can take in the legal matters. Because it is a legal issue, members cannot discuss it until the next step is decided. When asked when a decision can be expected, Mrs. Bobst thought it possible in the next couple of days, but it could be a great deal longer, depending upon what is decided.
Mr. Klasch said he was told that the ramp passed the noise test, but he said he wondered if the test is strict enough because he cannot hear the television in the house or sleep.
Mrs. Bobst said that it may be intermittent noise and not of sufficient duration. This is a legal matter, and she does not have an answer today.
The Law Director stated that he was bound by a confidentiality restriction until the legal issue is decided unless City Council agrees to discuss the matter openly.
Mayor Knoble and Mrs. Ghazal had a difference of opinion over when they last spoke and the extent of the Mayor's support.
Mrs. Bobst promised attention to the situation, saying that she understood their issues and would work toward resolution. Mr. Klasch also complained about a neighbor with a treehouse. Mrs. Bobst recommended that they ask the Building Commissioner to inspect it to see if it meets minimum code requirements.
Elizabeth Wilson Skryzmoski, 313 Riverdale Drive, has had flooding problems with water on her property. Part of the problem is the City has asphalted in many layers so that the road is higher than her property, contributing to the flooding. She has investigated the hazardous mitigation grant. She said this would help her if the City had bothered to apply for it.
Mrs. Bobst advised Ms. Skryzmoski to contact the City Engineer or the Fire Chief for more information.
Ms. Skryzmoski has put in sandbags and has had her property vandalized many times.
Brian Ruic, 20358 Westover, commented on the previous speakers. He found it odd that Council would approve of the developer who is building a narrow residence and review a corner residence of people trying to improve their property. He also thinks that we must enjoy the noise of children in our neighborhoods and that people who protest have a great deal of time on their hands.
Ed Abel, 345 South Island Drive, feels that a doubling of the inspection fee for rental properties is too much. If it needs to be increased, he feels 10% would be more within reason.
As there was no further business by members of Council, the meeting was adjourned at 9:55 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 22, 2004. These minutes may be revised or amended at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
NOVEMBER 22, 2004
Finance Committee
The meeting of the Finance Committee was called to order by the Chairman, Mr. Hurtuk, at 6:30 p.m. in the Committee Room.
Finance Committee Members Present: Mr. Hurtuk, Mrs. Bobst, Mr. Gollinger
Council members present: Mr. Potterfield, Mrs. Bartolozzi, Mr. Hagan
Administration: Mayor Knoble, Mr. Thomas
Law Director: Not requested or required.
Mr. Hurtuk opened the meeting by stating that its aim was to look at current year operations, and hear an update on bond issues and a preview of the 2005 budget.
The Mayor explained that he had asked Director Thomas for a basic analysis of the General Fund, which is the City's main account. From it, transfers to other funds are made to correct shortfalls, e.g. the Recreation Department whose revenue is received at various times and whose expenses exceed its revenues.
Mr. Thomas distributed materials to explain transfers from the General Fund in 2004 and the proposed transfers in 2005. Figures showed amounts budgeted and projected actual transfers. In 2004, a transfer was budgeted to the General Fund from the Permanent Improvement Fund, whose revenue is derived from estate taxes.
Mr. Thomas referred to the Municipal Income Tax chart and commented that it appears that income tax revenues will meet projections, and are up slightly from 2003.
Mr. Thomas then turned to his chart of the Permanent Improvement Fund and explained that Cuyahoga County today had paid out $880,000 to the City on estate taxes that it had collected.
Mr. Thomas asserted that funds will be sufficient to transfer $2 million to the General Fund which he will do before the end of the year. This will, in turn, be transferred to other funds to balance accounts.
what happens if wills are contested or an error is made.
Mr. Thomas said that the City receives only 75% initially until the estate is completely settled and then the rest is forwarded. This allows for those contingencies. Sometimes revised distributions are received.
The Mayor commented that department by department conferences to discuss expenditures will begin in December.
Mr. Thomas then explained his 2004 and 2005 Transfer Schedules. In the bond retirement entry for 2005, the bond amount for the proposed expansion of the Civic Center has not been included. In any case, the gross amount would be received from the tax levy.
Mr. Thomas turned to two pages which discuss the City's bond obligations. Page 7 shows bond obligations through 2034 and page 8, taken from the CAFR, shows an approximate $400,000 increase in bond service. He assured Council members that the transfers shown appear to sufficiently fund activities of 2005.
Mr. Hurtuk asked if any figures discussed concerned or alarmed the Finance Director.
Mr. Gollinger and Mr. Hurtuk indicated that they found the income tax projections encouraging.
The Mayor then distributed October month end budget sheets showing capital expenditures and projected expenditures for big accounts.
purchase of police cars will also be delayed, although two may be purchased. No further copier purchases are anticipated, and the signal truck will not be new, but used, and will not cost $65,000.
The Mayor's final handout was one sheet listing proposed projects which comprise the 2005 Capital Improvements Budget.
The first four items, the Riverdale Pump Station generator, City Hall computerized sign, Civic Center generator and a salt barn at the Service Garage were, the Mayor said, included in the 2004 budget and of interest, but not essential.
The next three items, a sidewalk program, crack sealing of streets and sewer line televising, have, over the years, been annual programs.
Because of major construction this year, regular street paving was suspended, and the Mayor would like to see the program reinstated with 3 or 4 streets improved.
The Carolyn Avenue sewers will hopefully go forward with costs divided between our City and Fairview Park.
The Center Ridge paving, 80/20 with ODOT, will also go forward, and the Mayor would like to replace curbs and catch basins at the same time.
The Shoreland/Wooster park and parking lot will require some work as well as land acquisition.
The I-90 sound barriers and Hilliard Road will require landscaping after construction. The public property on the outside of the sound barriers will have trees planted, etc. On Hilliard, the median strip will be mounded and require landscaping work.
The final item is the culvert under Detroit Road which needs repair. The State has notified the City that this is a municipal responsibility.
The Mayor concluded by saying that he did not necessarily expect to do all of the items on the list, but it would provide a target number. This list can still be comfortably covered by transfers from the Permanent Improvement Fund.
Other items coming in 2005 include the high school field lease which must be budgeted at $30,000 and a lease for the garage in downtown Rocky River which will require a payment of $250,000 the first year. This amount must appear in the Community Development budget.
In other issues, the Mayor noted that the DARE grant had been increased from $10,000 to $16,000 which will better cover expenses. He also predicted that various fees which have been
recently increased will have an effect on "minor" funds. Further, the Court is operating at a
surplus. As Council members know, there is a hidden cost to the Court, including utilities, cleaning personnel and supplies etc. The judges are controlling their expenses, collecting more monies owed the Court, and despite a decreased docket, expect to conclude the year with a
surplus. In addition, the Ohio House passed HB 260 last week which mandates that if a municipality which is part of a larger municipal court district establishes a Mayor's Court, it must assess any special projects fees that the municipal court has levied and remit those fees to the municipal court. This means that even if North Olmsted should establish a Mayor's Court, it would still have to collect the special project fee and the computer fee which goes to the municipal court district. The measure still needs to pass the Senate, but with no organized opposition and the overwhelming margin in the House, it appears likely. This means that the City's liability in paying for the new court building will be set until the debt is retired.
In other matters, the POPAS account is up and may contribute to next year's police funds. There will also be over $300,000 in ambulance billing; interest income could eventually double, as rates are rising.
The Mayor also pointed out that salary increases must be budgeted, for City Hall employees and union employees. Increases will range from 2½ % to 4½ %, depending on contractual obligations.
Health insurance is also a huge consideration. The Mayor noted that there are two alternatives:
employees except the Police Department. In order to maintain this program, a contribution will be necessary from the employee. There is also a secondary plan with no cost, but the plan is not as inclusive. Bids from other insurance companies were either more expensive or did not comply with the specifications.
The City's consultant, Sam Fiorentino, and Mrs. Whitman, the Human Resources Coordinator,
have met with the health care committee which has representatives of all departments to discuss the alternatives. The committee was asked to take the information back to their respective departments and return their opinions of preferred coverage. So far, employees unanimously prefer to maintain the present plan, even with a necessary contribution. With Medical Mutual, the cost of the City's plan would be roughly the same as it is now; with Kaiser, it would be less. The Mayor said that members of Council would be in a good position to evaluate the plans, since they have no coverage.
The Mayor added that in an effort to save City funds, he will propose that for new hires, the City insure only the employee if the spouse has an alternative for health insurance. Further, he has arranged with Medical Mutual to allow prisoners' hospitals visits to be billed through the company. This would be billed at a discounted rate with savings of 50%.
Mayor Knoble stated that he is constantly looking for other ways to save the City's money and had hoped to be able to close the gap in the General Fund this year, but it appears that there will be a deficit to be covered by the Permanent Improvement Fund.
The Mayor said that the amounts on the sheet will be next year's budget for major equipment purchases and Mr. Linden has assured him that the City's fleet will be in good condition.
The Mayor indicated that about 20% is reimbursed, partly because there is a great deal of City work which must be done.
Mr. Frost asked when streets will be reviewed as to condition. The Mayor said that will be done as soon as Mr. Linden and Mr. Gottschalk are able to get out.
Mrs. Bobst praised the Administration policy of repairing sewers and waterlines before the mill and fill process so that newly paved streets are not damaged by needed repairs.
Mr. Hurtuk thanked the Mayor and Mr. Thomas for all the information disseminated. He projected that the next meetings will be next year in discussions of the 2005 budget, but he appreciated the fact that the financial work goes on all year long.
The meeting was adjourned at 7:53 p.m.
_______________________________ _______________________________
Brian A. Hurtuk, Chairman Misao Kurokawa
Finance Committee Clerk of Council
Please note: This is a draft copy of the minutes of the Finance Committee of November 22, 2004. These minutes may be revised or amended at the next Legislative Meeting.