DRAFT
CITY OF ROCKY RIVER
DECEMBER 6, 2004
The Special Meeting of Council was called to order by Mr. Hurtuk, President Pro Tem of Council at 8:00 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan
Absent: Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas
Assistant Law Director: Mr. Hotz
Press: Mrs. McKenzie, Mr. Miklosovic
Mr. Hurtuk opened the meeting which was called to discuss the five stated ordinances. He called for public comment on any of the ordinances.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, spoke on Ordinance No. 175-04, the lease for the garage. He noted that once passed, this ordinance will authorize payments of $980,000 during the next 20 years, although the City has the right to exit the agreement every year. He acknowledged the importance of economic development for the City, but he said that it must come from within each business or person who comes to the Rocky River to do business. Even if sometimes help is required, in this case, it seems extreme, not necessary, and sets a dangerous precedent for other businesses. He urged Council members to vote against this ordinance.
Shelia Gesing, 1733 Wright Avenue, also spoke on Ordinance No. 175-04 regarding the lease for the parking garage. She commented that she is a 30+ year resident of the City and that this economic development has been a long time coming. She urged Council members to vote yes.
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"
2ND READING
Mr. Gollinger commented that this is the second reading for this ordinance.
ORDINANCE NO. 172-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH MEDICAL MUTUAL OF OHIO TO PROVIDE HOSPITALIZATION AND PRESCRIPTION INSURANCE COVERAGE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 172-04 be read three on three separate days be suspended, and that Ordinance No. 172-04 be placed upon its passage:
Discussion: This ordinance and the two which follow authorize medical, dental and life insurance for employees of the City. As the contract requires renewal by January 1, it should not be delayed.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that Ordinance No. 172-04 be passed as read:
Discussion: Mr. Hagan turned to Mayor Knoble for information on these ordinances. Mayor Knoble began by referring to the City's negotiation process with the unions, police, fire, service and WWTP which calls for prescribed insurance coverage. When negotiating with unions in 2002 for a three-year period covering 2003, 2004, and 2005 (WWTP is up this year), caps were agreed upon which calls for a specific amount of money that the City would pay to maintain the level of insurance coverage. If the cost exceeds that amount, the City would offer an alternative which would give the employee a choice: stay with the more extensive coverage and pay the overage, or take the second plan without any upfront cost which has higher deductibles and higher co-pays. This year the same consultant, Sam Fiorentino, a fee-only consultant, was retained and with Mr. Thomas and Mrs. Whitman, reviewed the plans which were submitted by two companies, Medical Mutual and Kaiser. The details were then given to the Joint Medical Hospital Insurance Committee comprised of representatives of all departments. Those representatives returned to their co-workers with those details to ask for preferences. Their unanimous choice was to remain with Medical Mutual and either pay the cost of the more extensive plan or accept the plan with higher co-pays and deductibles. Based on that, this ordinance resulted, and the Administration recommends that it move forward immediately since employees must enroll for the plan of their choice.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 173-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH CIGNA HEALTHCARE TO PROVIDE DENTAL COVERAGE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hagan, seconded by Mr. Gollinger and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 173-04 be read three on three separate days be suspended, and that Ordinance No. 173-04 be placed upon its passage:
Discussion: The same reasons for rule suspension of Ordinance No. 172-04 apply to this ordinance.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 173-04 be passed as read:
Discussion: The Mayor noted that dental coverage is part of the overall package and is included in the cap. This bid, from a different carrier, came with a two-year rate guarantee. The plan has more dentists in its network than the existing plan. Mr. Hagan confirmed that the rate guarantee is for two years, even though the ordinance is for one.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 174-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTOA CONTRACT WITH THE MEDICAL LIFE INSURANCE COMPANY TO PROVIDE LIFE INSURANCE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 174-04 be read three on three separate days be suspended, and that Ordinance No. 174-04 be placed upon its passage:
Discussion: This 12-month contract goes into effect on January 1, 2005, so there should be no delay.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 174-04 be passed as read:
Discussion: The City is mandated to provide life insurance for full-time employees, and individuals can purchase more if they wish. The rate is down very slightly, and again is included in the overall package. The bid was approved by the joint committee.
Mr. Frost thanked the Mayor for the process in which employees approved changes in health care which makes the job of Council members easier.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Hurtuk - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 175-04 BY BRIAN F. HAGAN
AN ORDINANCE TO AUTHORIZE THE LEASE BETWEEN BEACHCLIFF PROPERTIES LIMITED PARTNERSHIP AND THE CITY OF ROCKY RIVER FOR REAL PROPERTY LOCATED IN BEACHCLIFF MARKET SQUARE AS DESCRIBED IN EXHIBIT "A"
1ST READING
Mr. Hagan indicated that this ordinance will be referred to the Contracts Committee, and that in consultation with Mr. Potterfield, a time has been arranged for a meeting next week, 7:00 p.m. in the David J. Cook Council Chambers. He asked the Mayor to arrange for Mr. Koran and a representative of Madison Marquette to attend. The Planning, Zoning, and Economic Development Committee meeting originally scheduled for 7:00 that evening has been rescheduled for 6:30 on that same evening.
As there was no further business, the meeting was adjourned at 8:25 p.m.
__________________________________ _____________________________
Brian A. Hurtuk Misao Kurokawa
President Pro Tem of Council Clerk of Council
Please note: This is a draft copy of the minutes of the Special Meeting of December 6, 2004. These minutes may be revised or amended at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
DECEMBER 6, 2004
The Committee-of-the-Whole was called to order by Mr. Hurtuk, President Pro Tem of Council, at 8:25 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan
Absent: Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden
Assistant Law Director: Mr. Hotz
Press: Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance.
MAYOR'S REPORT:
The Mayor reported that Brad Miklosovic has returned as West Life's reporter covering our City. Mr. Kelley is still with the newspaper, but has been reassigned.
Last week, the Cuyahoga County Board of Elections certified all ballots, including provisional, to the State, and today the State certified the ballots. The number of votes in favor of the expansion of the Don Umerley Civic Center increased and the issue actually passed by some 300 votes. The Administration will be proceeding with the next step, meeting with bond counsel and bringing proposals for architects.
The screw pump at the WWTP failed at the beginning of last summer, and a $1.3 million grant proposal was prepared requesting Issue 2 funding for capital improvements. The Mayor has been notified that following committee recommendations, the Rocky River project has been placed number 6 on the list of 15 projects which are recommended. The application requested $400,000 as a loan and the remainder, a grant. This should save the West Shore cities a good deal of money.
The exhaust system has been installed in the fire house, and the Mayor and Mr. Linden were given a demonstration of how well it works. The system consists of a large fan and ducts; when started, exhaust pipes are connected and the fan moves the exhaust outdoors. The Mayor reported that when the system is connected, there is very little odor whereas formerly, it was very strong. The cost of the system was approximately $45,000 of which $40,000 was provided by a grant.
UNFINISHED BUSINESS:
Ordinances No. 115-04 and 116-04: These ordinances would rezone City property on Lake Road. Mr. Potterfield indicated that the Planning, Zoning and Economic Development Committee will meet next Monday at 6:30 p.m. in the David J. Cook Council Chambers to discuss this issue.
Resolution No. 133-04: This resolution adopts the Master Plan. Mr. Potterfield commented that he is waiting for minutes of the Planning Commission. His committee will review their recommendations.
Ordinances Nos. 143-04, 144-04, 145-04 and 153-04: Mr. Gollinger said that these ordinances, which shorten the period of the rental license/certificate of occupancy, will be read for the third time at the next meeting. He will opt not to place them on the Consent Agenda because there may be public comment before they are voted upon.
Ordinance No. 167-04 and 168-04: These two ordinances authorize erosion mitigation revetments on Frazier Drive. The Beach Cliff Board of Trustees has received copies of the ordinances and there have been, as yet, no comments. Mr. Gollinger also chose not to place these ordinances on the Consent Agenda.
Ordinance No. 169-04: This ordinance is concerned with penalties for failure to comply with the Building Code. Mr. Gollinger mentioned that this, too, will be read for the third time at the next meeting. Because there may be additional dialogue, it also will not be on the Consent Agenda. Mr. Gollinger hopes to move forward to a vote next week.
MISCELLANEOUS BUSINESS:
Heritage Home Loan Program: Mayor Knoble observed that the City has finished two years with this program. Our City was one of the pioneers, particularly on the west side. The coordinators have provided a summary of results to date. The program seems to have filled a need in the City, and the Mayor has discussed it with Mr. Koran. He will be meeting soon with Sara Hobbs, manager of the Heritage Program Membership. The Mayor also commented that he would like to see more promotion of the program, both county-wide and in our community. The Administration recommends that the program continue for another year.
Sewer Tie-in Fees: Mayor Knoble reported that research has been done as to history and what other communities do. He asked about the impetus behind the revision of these fees.
Mayor Knoble recalled that a new home on Wooster cost the City many man hours in digging a new sewer line and connection labor and that the City was not reimbursed in any way. There was another house on E. Shoreland with the same situation. Both of these were single family homes, and the Mayor has looked back in the minutes without finding much discussion of multi-family dwelling units. A question has been raised about a credit for homes which are being replaced. Another idea is to cover the costs of connection of a new home into the sewer system paid for by previous taxpayers, without regard to the work of the crews. In our City, the most prominent development is redevelopment, with a number of connections and teardowns for new connections. The Building Department has assembled the dates of all pending major projects, i.e. when they applied for permits and/or when they first came into the Building Department to arrange to come to the Planning Commission or other board. These dates are all interspersed around dates of committee meetings.
The question now facing the Administration is balancing the City's desire for fair compensation from new home builders on undeveloped lots and fairness to redevelopment. Also to be considered is the fact that the City Building Department had passed out rates and fees requested of developers that did not note that this issue was being discussed or subject to change as new rates are passed. He feels that the Administration must take a better look at this situation.
The Mayor confirmed that and acknowledged that all of the above situations must be resolved including what happens to existing permit fees for major projects now in the works.
It was decided that this topic requires more discussion next week.
Noise Ordinances: Mayor Knoble reported that a unit is available which can be placed on a tripod and will record noise levels for 48 hours. It can then be taken to the office and run to a computer program. At present, court admissibility is being researched. Since the cost is over $2000, he would like to be assured that it will be usable. More information will be forthcoming.
Further, a meeting has been scheduled for January 19 with the Recreation Department as a community input session regarding City sponsorship of a skateboard park. The Mayor feels there is definitely a need, but whether this would influence backyard facilities remains to be seen. The City really has no other options in law unless Council revises the noise ordinances.
COMMITTEE REPORTS:
Contracts - Government and Judicial will meet next week at 7:00 p.m. in the David J. Cook Council Chambers to discuss Ordinance No. 175-04.
Planning, Zoning and Economic Development Committee will also meet on December 13 at 6:30 p.m. to discuss Ordinances 115-04 and 116-04, the Lake Road Development site.
NEW BUSINESS:
Ordinance No. 172-04, 173-04 and 174-04: were discussed and passed at the Special Meeting.
Ordinance No. 175-04: This ordinance concerns the proposed City lease of a parking garage at Beachcliff Market Square. Mayor Knoble, quoting from an article which appeared in Crain's Cleveland Business for December 6-12, read: "Hal Reisenfeld, president of the Reisenfeld & Co. retail real estate brokerage, said redoing Beachcliff is crucial for the suburb. Beachcliff served as the anchor for the spruced-up retail space that has been added in storefronts and at other nearby Rocky River shopping centers since the old theater was rehabilitated as a mall in the 1970's.... Noted Mr. Reisenfeld: The area benefited from the Beachcliff mall and has suffered as the mall suffered. When it comes back, the whole area will. It's the whole area's anchor."
Ordinance No. 176-04: Mr. Hagan asked Mr. Linden to comment on this ordinance to purchase tires on the open market. Mr. Linden said that the City has been following this procedure for the past twenty years or more. Although tires are available as part of the Ohio Cooperative Purchasing Act, this is a very competitive area, and the City has been able to buy tires at a lower price than from the State.
Ordinance No. 177-04: This ordinance authorizes the purchase of fuel on the open market. Because the price of fuel fluctuates, it is impossible to find a company which will write a contract for any length of time. This is the most cost-effective way for the City to buy the fuel it needs.
Ordinance No. 178-04: This ordinance will authorize the purchase of two 2005 cars for the Police Department. Two cars presently in use will be sold or diverted for use by other departments. This program keeps the fleet in good condition at all times.
Mr. Hagan asked Director Linden if this is the last purchase of the year. Mr. Linden indicated that one more purchase will be made, a signal truck.
Ordinances No. 179-04, 180-04 and 181-04: These ordinances will update our Code to bring it into compliance with the State Code.
COMMUNICATIONS AND ANNOUNCEMENTS:
Mr. Frost reported that next Monday, he will be serving his duty as a representative to the Electoral College at noon, in Columbus. He would be glad to give details to any interested parties.
As there was no further business by members of Council, the meeting was adjourned at
9:06 p.m.
___________________________ _____________________________
Brian A. Hurtuk Misao Kurokawa
President Pro Tem 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 December 6, 2004. These minutes may be revised or amended at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
DECEMBER 6, 2004
HEARING DE NOVO
REVIEW OF VARIANCE GRANTED BY THE BOARD OF
ZONING APPEALS TO RAY AND LINDA RABBETT,
1961 HAMPTON ROAD TO RETAIN A GREENHOUSE
EXTENSION
The Hearing de novo was opened by President Pro Tem Hurtuk at 7:00 p.m. in the David J. Cook Council Chambers.
Council Members present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan
Absent: Mrs. Bobst
Administration: Mr. Beirne
Assistant Law Director: Mr. Hotz
Under consideration was the variance granted to Raymond and Linda Rabbett, 1961 Hampton Road, to retain a greenhouse extension to an existing accessory structure 3'6" from a side lot line vs. accessory structures shall be located a minimum of 5' from a side or rear lot line. This variance was granted by the BZA at its meeting of November 18, 2004.
Mr. Hurtuk, President Pro Tem, presided at the hearing in the absence of the Council President and read from the Charter, Article VI, Section 3, Subsection (B)(1):
"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."
He noted that in this case, the request had been made by Councilman Gollinger and turned to him to lead the discussion. Mr. Gollinger stated that his question revolved around the practical difficulty, which, while not found in the minutes of the meeting, was included in the application to the BZA. He explained that the only issue under consideration is the variance granted on November 18.
While not under consideration, Mr. Gollinger felt that background was very important. He indicated that a variance had been granted by the BZA on July 10, 2003. The process began with a play structure in the yard of the property before it was acquired by the Rabbetts, who decided to enclose the play set. He noted that there are different requirements for a storage structure.
After the original enclosure was started, it was determined that the homeowner was required to apply to the BZA for a variance because the height was 12'6" and the limit for an accessory structure is 9'. During the course of that BZA meeting, there is no indication that the variance was requested by the applicant based on a practical difficulty. The chairman stated he felt that the applicant had met the requirement because he had purchased the property without knowledge of the requirements. Mr. Gollinger felt that if the City had to explain all the Code requirements to every home buyer it would be an extremely daunting task. It should be the responsibility of the purchaser to discover the facts. He said that the Law Director had mentioned that the previous owner should have applied for a variance for the original structure, the play fort. If the height and proximity to the property line had not been grandfathered, there would be no problem here, but the Board granted the variance because it was felt that he had met the practical difficulty. That variance was granted for one piece of the structure.
Following that approval, the homeowner moved forward and enclosed the balance of the structure and returned for another variance. Reading from a copy of the purchase agreement, Mr. Gollinger indicated that among the features of the agreement was a "child's wood play fort". The agreement did not say that it could be converted to whatever use the new owner desired.
Moving forward to the second variance, Mr. Hurtuk indicated that there was a challenge to the practical difficulty stated. The BZA minutes state only that the difficulties have been met.
Mrs. Bartolozzi asked if there were complaints from neighbors at the time of the original request for variance. Mr. Gollinger said that at that time, the neighbors did not complain, although one neighbor invested $1500 in trees to screen the view. The new expansion means that the screening no longer blocks the view. The main point is the granting of the variance without a practical difficulty.
Mr. Hagan asked Mr. Beirne, the Building Commissioner, about the applicant's request for variance and payment of the fee. Mr. Beirne explained that there is no fee associated with this request. What is required is that the request meet the test of practical difficulties. The applicant filled out the request and submitted it to the Building Department and the BZA. In it, he answered questions asked by the BZA.
Mr. Gollinger added that the applicant indicated that he considered it nothing more than an enhanced closed in play house to be used as a garden shed. He repeated that there are different criteria for play structures which was confirmed by Mr. Beirne. Mr. Gollinger asked if there is a 50% open to light requirement. Mr. Beirne responded that it was dependent upon the height which also controls the distance required from the property line. This structure, however, was constructed before the present play structure ordinance.
AUDIENCE PARTICIPATION:
Raymond Rabbett, 1961 Hampton Road, is the homeowner and applicant. He asserted that he is a law-abiding citizen and basically agreed with everything stated by Mr. Gollinger, saying that his summation is fairly accurate.
When granted the variance of July 10, 2003, the basic structure was as it is now, 3½' from the property line. Since then, he has changed the use from play structure to greenhouse. His understanding was that he had the necessary variance. The Building Department explained that he needed a permit and on June 23, he came in, paid for the permit and thought he had fulfilled all the requirements. It was not until October, almost four months later, that he was told that he needed a variance. He observed that he had a variance for 3½' and did not move anything. He has spoken with the neighbor in question and has suggested that the windows could be removed and replaced with wood. The first variance has nothing to do with it, and the original greenhouse has been allowed with the monkey bars. Mr. Rabbett further stated that if necessary, he can move that portion so that it is 5' from the property line and then there would be no need for a variance.
Linda Rabbett, 1961 Hampton Road said that she was distressed over the situation because they are not troublesome citizens or neighbors. When they bought the property in 2002, the structure was there with extensions, with monkey bars. They did not alter the height which already exceeded 9'. It was not disclosed to them that there was no permit. Their approval at the BZA was a 5-0 approval. After paying their $15 fee, they thought everything had been taken care of. She was troubled at the 3½' question after all this time, and emphasized that they did not move anything. They like to garden, and have spent a great deal of money improving their property so that they can spend time in their yard. She requested that Council affirm the decision of the BZA.
Mr. Potterfield asked if Council has 30 days in which to render a decision. If so, a vote is not necessary this evening if member would like to have further information.
Chris Eckley, 1933 Hampton Road is the owner of a neighboring property who lodged a protest to the BZA. He agreed that the Rabbetts have greatly improved their property and acknowledged that they spend a great deal of time in their yard. He added that this makes it a greater challenge to find an agreeable solution. He indicated that Rabbetts had changed the structure using spare windows and because of the way things were done, Mr. Eckley had to spend money. He said that it shouldn't be that difficult and said that the easiest solution, albeit the most expensive for him, was a fence which would lessen the impact of the view.
Because of this solution, Mr. Eckley explained that he will, in the spring, ask for a variance which allows him to build a 6' fence because 1) in going to Home Depot, 6' is a standard height and a custom fence would be still more expense, and 2) a 6' fence would lessen the impact of the green-house. This would allow the Rabbetts to keep the greenhouse which is important to them. He would hope that the Board would grant this variance.
Mr. Hurtuk noted that options at this point for the Rabbetts, should Council reverse the decision, would be to appeal through the Court of Common Pleas, or move the structure, which would require a permit. He noted that only the extension would have to be moved.
Mr. Frost attended the meeting of the BZA where the issue was discussed. One solution to this problem is to move the extension 1½' , and that would probably have been the choice of Board members had the structure not been converted before the variance request. It is now converted at 3½' and been granted the variance for 1½'. The practical difficulty was that the structure has been enclosed. He asked Mr. Hotz is this is a legitimate practical difficulty. Mr. Hotz responded that this was a question for Council to decide.
Mr. Gollinger asked Mr. Beirne, if Council determines that the practical difficulty test was not met and the alternative is to remove the addition to the structure, if the Rabbetts wish to reconstruct the addition, would it meet the other requirement which limits the number of structures on the property? Commissioner Beirne said that if it is attached to the other structure, it would still be a single one. The height limitation would be 9' for the addition.
Mr. Hagan asked if, since the monkey bars are attached to the original structure covered by the original variance, why another variance is necessary. Mr. Beirne said that the monkey bars are a play set, not part of an accessory building and cannot be 3' from the property line.
Mr. Frost commented that he has attended BZA meetings and observed that side yard variances are granted more easily by the BZA if they are presented without opposition, as in the 2003 project of the Rabbetts. He asked the Rabbetts if there is any reason to think that there will be opposition to Mr. Eckley's application for a 6' fence variance. Both Mr. and Mrs. Rabbett said that they did not object, and in fact, when they first moved in, they had approached Mr. Eckley to see if he would object to their building a fence, which he did.
Mr. Gollinger was unsure if Council had sufficient information upon which to base a decision, and that perhaps more information could be obtained for all Council members from the Building Department.
Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that the hearing de novo be continued for two weeks when more information would be available.
Discussion: Mr. Hotz advised Council members that they should attempt to decide the issue based upon material presented at this hearing. Any vote should be based upon materials presented at the public hearing and not upon any research done which is not on the public record.
Vote: Gollinger - aye Potterfield - nay Frost - nay
Hurtuk - nay Bartolozzi - aye Hagan - nay
2 ayes 4 nays DEFEATED
Moved by Mr. Gollinger, seconded by Mr. Potterfield, that in view of Council's review this evening, based upon the practical difficulty, the decision of the BZA to grant the variance to Raymond and Linda Rabbett of 1961 Hampton Road be reversed.
Vote: Gollinger - aye Potterfield - aye Frost - nay
Hurtuk - aye Bartolozzi - nay Hagan - nay
3 ayes 3 nays DEFEATED
(5 votes required for passage)
Mr. Hurtuk announced that the motion was defeated and that the variance stands as granted.
The Hearing de novo was closed at 7:56 p.m.
_________________________ ______________________________
Brian A. Hurtuk Misao Kurokawa
President Pro Tem of Council Clerk of Council
Please note: This is a draft copy of the minutes of the hearing de novo of December 6, 2004. These minutes may be revised or amended at the next Legislative Meeting.