DRAFT
CITY OF ROCKY RIVER
DECEMBER 13, 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, Mr. Miklosovic
The meeting was opened with the Pledge of Allegiance.
To open the meeting, Mayor Knoble spoke briefly about the Fire Safety Poster Contest sponsored by the Fire Department in the elementary schools. Two posters were chosen to be sent to the state finals. Mayor Knoble called upon Isabella Olivio, winner of the primary division, and Brendan Keaney, winner of the grade 4-6 division. Winners came forward and the Mayor read the proclamation honoring their efforts and then presented them with their proclamations.
Mrs. Bobst thanked Mr. Hurtuk for presiding over last week's meeting during her brief illness last week.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the reading of the minutes of the Legislative Meeting and the Executive Session of November 22 and the minutes of the Special Meeting, the Hearing de novo and the Committee-of-the-Whole of December 6 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. Potterfield, seconded by Mr. Gollinger, that the reading of the minutes of the meeting of the Planning, Zoning and Economic Development Committee of November 8 be waived and that the minutes be accepted as submitted.
Vote: Potterfield - aye Bartolozzi - abstain Gollinger - aye
Hurtuk - abstain
2 ayes 0 nays 2 abstentions PASSEDMoved by Mr. Hurtuk, seconded by Mr. Frost, that the reading of the minutes of the Finance Committee of November 22 be waived and the minutes be accepted as submitted.
Vote: Hurtuk - aye Bobst - aye Frost - aye Gollinger - aye
4 ayes 0 nays PASSED
MAYOR'S REPORT:
At the last meeting of the Committee-of-the-Whole, Council asked if there had been any new applications for projects since passage of the sewer tie-in rates. The Mayor reported that there had not. Mr. Beirne is doing research and will have information by next week on an Administration proposal.
Lt. Hudec has found a portable sound meter in use in Independence. The contact person is out-of-town until December 20, but he will make contact as soon as he can for technical details.
A check has been received from Target Stores which has a policy of contributing to communities in which its stores are located. This contribution will pay for a $1060 digital camera for a police car.
The Mayor attended an Issue 2 funding meeting last week where he received confirmation that the City's application for a loan/grant to pay for a new screw pump at the WWTP has been approved.
The Mayor has also held a first meeting with WWTP representatives regarding their new union contract.
LAW DIRECTOR'S REPORT:
Mr. Matty, in a follow-up on the Beachcliff Market Square, stated that despite reports to the contrary, the lease of the parking garage is all that the City is currently considering in the Beachcliff Market Square matter. There is no tax abatement for real estate inventory or income tax relief; there is no other tax incentive and no other monetary incentive. The only matter on the table is the public ordinance with the lease terms set forth.
Last month, or six weeks ago, Mr. Matty reported that a sex offender had taken up residence within 1000' of a city school. Mr. Matty resolved that prior matter. Now, pending House Bill 473 would allow the city's law director to seek eviction of the sex offender. There is a new reporting procedure from the County Sheriff's office, effective year end.
In the discussions of the noise monitoring device, Law Director Matty is also investigating the enforceability of laws based on its use. Assistant Law Director Hotz will report his findings to the Law Director.
COMMITTEE REPORTS:
Planning, Zoning and Economic Development Committee: Mr. Potterfield reported that his committee had met this evening to discuss Ordinances 115-04 and 116-04. Discussed were potential problems with the property relative to waste from years ago. The committee concluded that at this point, it would not recommend further testing on the property, but would ask the Administration to prepare a package including an executive summary for the State of Ohio to see what funding or other ways might be found to reduce the City's cost of remediation.
Contracts - Government and Judicial Committee: Mr. Hagan reported that his committee had also met this evening at 7:10 p.m. to discuss Ordinance No. 175-04. Present was Mr. Robert Acker from Madison Marquette. It was the unanimous recommendation of his committee that Ordinance No. 175-04 be passed. He projected a second reading this evening and a call for a vote on December 27.
Parks and Recreation Commission; Mrs. Bobst announced that the commission will meet on Wednesday morning at 8:00 a.m. at the Ice Rink. Among topics to be discussed are updates on the progress of the outdoor pool construction as well as an update on the joint public meeting with the schools on the feasibility of a skate park in the City.
COMMUNICATIONS AND ANNOUNCEMENTS:
Mayor Knoble called upon Safety-Service Director Linden to announce the passing of two people who were close to the Administration: the husband of Marcella Clark, former Mayor's secretary passed away recently as did the mother of Service Commissioner David Winterich. Director Linden said that he knew both personally, and that they will be missed.
Mr. Gollinger has received a communication from the Rocky River Watershed Council which has requested a meeting site in Rocky River which will be accessible to more community members of the area. Accordingly, a meeting has been arranged at the Don Umerley Civic Center for February 24. A presentation will be made from Cleveland Hopkins Department of Control regarding their environmental program.
Mrs. Bobst announced that the Beautification Committee will meet tomorrow at 7:00 p.m. at the Don Umerley Civic Center. On the agenda will be cul-de-sacs and the America in Bloom 2005 program.
A letter has been received from Fred I. Sokol, 20021 Parkview Avenue, regarding Ordinance No. 175-04, the lease agreement with the owners of Beachcliff Market Square. (Exhibit "A")
There were no requests from members of Council for changes to the Consent Agenda.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview Avenue commented that he supported the new parking garage, and he thanked Madison Marquette for their involvement. He did not, however, support the $980,000 cost for the lease for free parking which is not free, but costs $980,000. He asked Council to think what would have to be eliminated from the budget in order to pay for this lease.
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"
2ND READING
Moved by Mr. Potterfield, seconded by Mr. Gollinger that Ordinance No. 115-04 be postponed indefinitely.
Discussion: A question has arisen as to whether this ordinance should be on hold or postponed indefinitely. Mr. Matty noted that it is possible for the committee to proceed with its plan, discussed at the committee meeting, but still clean up its docket by postponing this ordinance indefinitely. The ordinance can then be reintroduced when a plan is in place. Mr. Matty then noticed that the ordinance has been read only once and ruled that a rules suspension is necessary before indefinite postponement. Mr. Potterfield withdrew his motion and Mr. Gollinger his second.
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 115-04 be read on three separate days be suspended, and that Ordinance No. 115-04 be placed upon its passage:
Discussion: The rules suspension is necessary before the ordinance can be postponed indefinitely.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 115-04 be postponed indefinitely.
Discussion: See discussion above.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
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"
2ND READING
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 115-04 be read on three separate days be suspended, and that Ordinance No. 115-04 be placed upon its passage:
Discussion: The rules suspension is necessary before the ordinance can be postponed indefinitely.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 115-04 be postponed indefinitely.
Discussion: See discussion for Ordinance No. 115-04. Mr. Gollinger added that he would like to bring back this ordinance and hopefully something would be found to assist the City in moving forward. Mr. Hurtuk voiced his intention to help Mr. Koran come up with a plan which would allow this ordinance to come back, better and stronger.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
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. Notes from their meeting will be available within the next week or two and will be referred to committee for review.
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
3RD READING
Moved by Mr. Gollinger, seconded by Mr. Potterfield, that Ordinance No. 143-04 be passed as read:
Discussion: This ordinance and the two which follow are part of a review of the Environmental Committee to upgrade the City's ordinances for rental properties. These ordinances will make the Code proactive and maintain parity with our neighbors. They will also help insure that the quality of our housing stock is maintained and protect neighbors of rental properties. Mr. Gollinger has spoken with the Finance Director to be sure that the results of these ordinances can be quantified because these ordinances decrease the term while increasing the fee and are a funded mandate.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
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
3RD READING
Moved by Mr. Gollinger, seconded by Mr. Frost, that Ordinance No. 144-04 be passed as read:
Discussion: See discussion for Ordinance No. 143-04.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
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
3RD READING
Moved by Mr. Gollinger, seconded by Mr. Potterfield, that Ordinance No. 145-04 be passed as read:
Discussion: Mr. Gollinger noted that the same information applies as given for Ordinance No. 143-04.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays 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"
3RD READING
Moved by Mr. Gollinger, seconded by Mr. Frost, that Ordinance No. 153-04 be passed as read:
Discussion: This ordinance deals with the penalty aspect of noncompliance with rental regulations. Penalties have been upgraded from a misdemeanor to a first degree misdemeanor with a penalty of a fine up to $1000 and a floor of $250 (in addition to court costs) if the case goes to court and the defendant is found guilty.
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
2ND READING
Moved by Mr. Gollinger, 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: Mr. Bart Connelly of the Beach Cliff Board of Trustees has been contacted, and the Board has no objection, so Mr. Gollinger saw no reason to delay the legislation.
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. Frost, that Ordinance No. 167-04 be passed as read:
Discussion: This is part of an ODNR program which is beneficial to property owners, and there is no cost to the City.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
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
2ND READING
Moved by Mr. Gollinger, seconded by Mr. Frost, that the rule requiring that Ordinance No. 168-04 be read on three separate days be suspended, and that Ordinance No. 168-04 be placed upon its passage:
Discussion: As in Ordinance No. 167-04, the Beach Cliff Board of Trustees has given its approval to the project, so there is no reason to delay.
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. 168-04 be passed as read:
Discussion: This is another property that is resolving an erosion control issue, once more at no cost to the City.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
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"
3RD READING
Moved by Mr. Gollinger, seconded by Mr. Frost, that Ordinance No. 169-04 be passed as read:
Discussion: This ordinance deals with the penalty for the property maintenance code which was looked at when rental property regulations were reviewed. The Law Director recommended matching the penalties of rental properties, so it is a mirror of the ordinance passed earlier.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 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 ON EXHIBIT "A"
2ND READING
This ordinance was discussed at the meeting of the Contracts committee this evening. Mr. Hagan commented that he anticipated the third reading and a call for passage on December 27. Mr. Matty noted that if Mr. Acker will be needed, Mr. Koran should be notified as soon as possible.
ORDINANCE NO. 182-04 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE ONE (1) USED VERTICAL LIFT PLATFORM TRUCK FOR THE ROCKY RIVER SIGN AND SIGNAL DIVISION FROM MIRK, INC. AT A TOTAL COST NOT TO EXCEED $44,000.00
1ST READING
Moved by Mrs. Bartolozzi, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 182-04 be read on three separate days be suspended, and that Ordinance No. 182-04 be placed upon its passage:
Discussion: This ordinance authorizes purchase of a used truck which can now be acquired at a good price. Mrs. Bartolozzi favors moving forward to take advantage of the opportunity.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bartolozzi, seconded by Mr. Hurtuk, that Ordinance No. 182-04 be passed as read:
Discussion: Mr. Linden continued, explaining that the City went to bid, but the only one received was for $84,691. This used truck, in excellent condition with low mileage recently became available and is in the City being tested and reviewed by mechanics. It has been pronounced in excellent condition and should give the City 10-12 years of service.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 183-04 BY BRIAN A. HURTUK
AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR TO ESTABLISH A CAFETERIA PLAN WITHIN THE MEANING OF SECTION 125 OF THE INTERNAL REVENUE CODE
1ST READING
Moved by Mr Hurtuk, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 183-04 be read on three separate days be suspended, and that Ordinance No. 183-04 be placed upon its passage:
Discussion: Mr. Hurtuk explained that passage of this ordinance would give employees the opportunity to take home more of their pay. There is no reason to delay.
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 Mr. Frost, that Ordinance No. 183-04 be passed as read:
Discussion: Mr. Hurtuk turned to Mr. Thomas for further explanation: Mr. Thomas stated that cafeteria plan corresponds with the adopting of health insurance plans. This allows the payment of premiums needed to make contributions on a pre-tax basis. Mr. Hurtuk added that this is common in the private sector. Mr. Matty said that the reason for the amendment to Exhibit A is to make the premium we are entering read the same as our handbook.
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. 176-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE TIRES ON THE OPEN MARKET AT THE BEST PRICES POSSIBLE FOR THE PERIOD JANUARY 1, 2005 TO DECEMBER 31, 2005
1ST READING
This has been the procedure for 20+ years and the prices paid by the City are lower than those of the State Cooperative Purchasing Act.
ORDINANCE NO. 177-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE GASOLINE, FUEL OIL AND ALLIED PRODUCTS ON THE OPEN MARKET AT THE BEST PRICES POSSIBLE FOR THE PERIOD JANUARY 1, 2005 TO DECEMBER 31, 2005
1ST READING
Because fuel prices fluctuate, bidders cannot be found to submit a bid with a firm price for the entire season. This plan has been adopted and found to be the most economical.
ORDINANCE NO. 178-04 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE TWO (2) 2005 FORD CROWN VICTORIAS FOR THE POLICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM STATEWIDE FORD AT A COST NOT TO EXCEED $40,962.72.
1ST READING
This was discussed at the Committee-of-the-Whole as part of an ongoing upgrade of the fleet of police cars. One car from the present fleet will be sold and another converted for use by a city employee.
ORDINANCE NO. 179-04 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE AMENDING SECTION 303.99 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "TRAFFIC CODE MISDEMEANOR CLASSIFICATIONS AND PENALTIES", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
A change in the State traffic code has been made, and this ordinance is necessary to that the City is in compliance with the State code and at the same time, fines can be levied on a local level instead of the money from the fines going to the State
ORDINANCE NO. 180-04 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE AMENDING SECTION 339.03 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "MAXIMUM WIDTH, HEIGHT AND LENGTH", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
This change in the State code deals with the width, height and length of vehicles and this ordinance will bring the Rocky River Code into conformance with the State Code.
ORDINANCE NO. 181-04 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE AMENDING SECTION 339.05 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED, "WHEEL PROTECTORS", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
This is a minor change, and Mr. Frost commented that had the other two changes not been necessary, this might not have been made.
Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi and Mr. Hurtuk, that the rule requiring that the six 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 Mrs. Bartolozzi and Mr. Frost, that the six 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:
Mr. Frost related his experiences today, representing the 10th district as one of 20 electors of the Electoral College in Columbus. Many dignitaries watched as Mr. Frost and his fellow electors cast their ballots for President Bush.
The Law Director asked Mr. Potterfield to be certain, as the Beach Cliff development gets under way, that his committee addresses the traffic concerns expressed at the last meeting of the Planning Commission. To be considered is a request for a right turn or left turn requirement, rather than going straight through to the residents' street. Mr. Potterfield indicated that he would consider the matter at a future committee meeting after approved minutes of the meeting have been received.
AUDIENCE PARTICIPATION:
Bob Kelly, 20177 West Haven Lane. Mr. Kelly asked if the Administration has given further thought to adjusting the sewer tap-in rates for his project.
As there was no further business by members of Council, the meeting was adjourned at 9:15 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 December 13, 2004. These minutes may be revised or amended at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
DECEMBER 13, 2004
Planning, Zoning and Economic Development Committee
The meeting of the Planning, Zoning and Economic Development Committee was called to order by the Chairman, Mr. Potterfield, at 6:30 p.m. in the David J. Cook Council Chambers.
Planning, Zoning and Economic Development Committee Members Present:
Mr. Potterfield, Mrs. Bartolozzi, Mr. Gollinger, Mr. Hurtuk
Council Members present: Mrs. Bobst, Mr. Hagan
Administration: Mayor Knoble, Mr. Linden, Mr. Lesiecki, Mr. Koran
Law Director: Mr. Matty
Mr. Potterfield opened the meeting, called to discuss Ordinances 115-04 and 116-04, the Lake Road development site, by recalling a presentation by Mr. Matthew Knecht, President of HzW Environmental Consultants several weeks ago. Mr. Potterfield remarked that it was a fine presentation and Mr. Knecht made a number of comments that required further discussion, but because of time constraints, the topic has had to be postponed until now. The main point is a course of action, and Mr. Potterfield asked his committee if any member had strong feelings as to a recommendation to the Administration about further testing at this time.
Mr. Hurtuk commented that the City has already spent a great deal on the site. He expressed reluctance to commit to further spending unless every possibility has been exhausted for help from other sources. He proposed compiling a presentation package for the state department of development and attempting to obtain funds to help get rid of the dirt. At present, there is no known county or state programs which would help the City to dispose of the excess dirt and bring the property to grade. Mr. Hurtuk pointed out that the state is the organization with the resources to help. He added that chances are that the property will have to be taken to grade, and the appraised value is probably less than what has already been spent.
Mrs. Bartolozzi asked if further research has been done on the dates that the property was used as a landfill, and she thought it might be pertinent.
Mr. Potterfield commented that no further requests had been made of the Administration. He further indicated his opinion that if the surface is breached, remediation may be required.
Mr. Hurtuk pointed out that $750,000 has already been invested and on a per acre basis, this exceeds the appraisal. Even if the City found someone who wants to build, the costs would be insurmountable. If we want to use that site, we must get rid of the dirt. He believes we should do nothing else before exhausting all possibilities to recoup costs.
Mr. Potterfield mentioned that Mr. Knecht had discussed the possibility of construction on slab which could potentially avoid problems.
Mr. Hurtuk asked the Engineer about testing. Mr. Lesiecki responded that any penetration would, in theory, invoke Rule 13. Mr. Hurtuk suggested that with the re-election and beginning of a new term, that funds might become available. With an executive summary and a trip to Columbus, it might be that the City could find help.
Mr. Gollinger, consulting his notes of Mr. Knecht's presentation, recalled that the consultant had said that test borings could be done without violating regulations under this section. If borings were sealed, the City could see what is present.
Mr. Gollinger suggested that on that basis, limited testing may reveal whether further action is a possibility or out of the question. He agreed with Mr. Hurtuk that money should not be spent needlessly. He pointed out, however, that much of the money already spent was to resolve a prior project and fulfill promises made to neighbors. He still felt it would not hurt to have knowledge of what is under the surface.
Mr. Potterfield commented that if the City can go to Columbus and find a program or interest in a program that can help and facilitate the sale or use of the property, he is in favor of such a move. He added that he would like to have a commitment from Columbus before moving ahead.
Mr. Lesiecki indicated that if the City is serious about development, he would suggest proceeding with the analysis. Then, knowing what it would take, we could see if it is near the assessed value. Lacking this serious intention, he would recommend letting it go.
Recalling that Mr. Matty had recommended a testing matrix, Mr. Potterfield asked him if the scope of testing needs to be broader. Mr. Matty indicated that to protect the City, before moving forward, he would want to know as much as possible about the 3.5 acres. If testing is done on one side and problems occur on the other, it could cause problems. He can't estimate the costs, but he expressed concern about going forward without such a matrix of the entire site.
Mr. Matty acknowledged that that was a question to be posed to the Engineer, but pointed out that testing to a certain depth is necessary to sell the property.
Mrs. Bartolozzi asked if there would be cost in assembling information to apply for grants.
Mr. Koran came forward to answer questions about the suggestion advanced. He noted that he has had conversations with both the county and the state and has found that there are no grants to remediate municipal landfills. The brownfield program does not apply. Every city has a municipal landfill so any program to remediate would require a huge amount of money. However, exceptions are possible. Selling this idea would not be easy because every community has one. This does not mean that it cannot or should not be tried. Many components, including valuations, appraisals etc. have already been prepared.
To summarize, Mr. Potterfield indicated that the Committee's recommendation is that testing not proceed at this time, but that an executive summary be prepared and presented in Columbus in an attempt to find funding for any remediation which may be necessary.
Mayor Knoble reported that the City had received the final installment from the city income tax for 2004 this week. Estimates have held, and the final total received was about $7,770,000. For the fifth consecutive year, tax receipts have been flat. During the same period, police and fire salaries and benefits which drive other City salaries have increased 20%; fuel has increased 40%, and insurance, 30% to enumerate just a few expenses. The Administration is, year after year, dealing with increased expenses and fixed income. He said that it is of paramount importance to convert this land to income-producing property for the City. There has been great interest in the property, and in this time where developers are paying enormous amounts for lakefront property, a property with an elevated lake view without risk of flooding or erosion can be a valuable, sought-after property for someone. Finding that person is the challenge.
MOTION:
Moved by Mr. Potterfield, seconded by Mr. Hurtuk, that the Committee's recommendation is that the City not consider testing at this time but instead, request that the Administration assemble an executive summary and presentation to pursue funds available to help with remediation.
Discussion: Mr. Hurtuk indicated that the realities of real estate development are that an office user would not pay more than the appraised value of the property. He urged committee members to recoup money, if possible. He said that he shares the Mayor's goal, but feels it must be done right. Columbus has the best economic development agencies around; if unsuccessful in obtaining funds, he would favor re-evaluation.
Mr. Gollinger agrees with the Mayor about the income tax. Losing three major employers was certainly a factor. His goal, too, is to get some commercial balance back into the equation for the community. He feels we should keep the possibilities open, and if we find someone willing to take on the site as is, we should reconsider.
Mrs. Bartolozzi feels it is a matter of timing, that the City should start now to look into help. Council can always reconsider six months from now.
Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye Hurtuk - aye
4 ayes 0 nays PASSED
There was no further discussion from Council, and following a motion by Mr. Potterfield, seconded by Mr. Gollinger, and a unanimous affirmative vote, the meeting was adjourned at
7:10 p.m.
_______________________________ _______________________________
Earl W. Potterfield, Chairman Misao Kurokawa
Planning, Zoning and Economic Clerk of Council
Development Committee
Please note: This is a draft copy of the minutes of the Planning, Zoning and Economic Development Committee of December 13, 2004. These minutes may be revised or amended at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
DECEMBER 13, 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 7:10 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, Mr. Hurtuk, Mrs. Bartolozzi
Administration: Mayor Knoble, Mr. Linden, Mr. Koran
Law Director: Mr. Matty
Mr. Hagan opened the meeting which was called to discuss Ordinance No. 175-04, authorizing the Mayor to enter into an agreement with Beachcliff Properties Limited Partnership for the lease of a parking garage. He welcomed Mr. Rob Acker, a representative of Madison Marquette, owners of the Beachcliff Market Square.
He then turned to Mr. Koran, the City's Economic and Community Development Director, for an overview of the project. Mr. Koran indicated that the beginning of this redevelopment project was the demise of the West End project in Lakewood. At that point, he began talks with Madison Marquette, a huge firm which owns more than 26,000,000 sq. ft of retail space all over the country and is headquartered in Washington, D.C. Beachcliff Market Square currently has 51,000 sq ft and is a non-anchored center with a 30% vacancy rate which may be higher with recent closings. In addition, Bob Stark of Crocker Park has met with every tenant trying to lure them to Crocker Park in Westlake.
The redevelopment project has had final approval from the Planning Commission and approval of variances from the BZA. It will be 100,000 sq ft of basically new retail, although the theater building will remain, retenanted. It will be completely opened with the stores facing west. The center will house new quality tenants.
Throughout the process, the number 1 issue has been parking. The current site is 5.5 acres. Because of space limitations, creative parking solutions were necessary. The first plans called for two separate parking garages with an estimated building cost of $4 million. This was judged by the owner as too expensive to serve 100,000 sq ft of retail. At this point the project could have been abandoned. At that time, a different idea was advanced: because of the 15' difference in grade between the front of the center facing Detroit and the rear, which abuts the railroad, it might be possible to build a garage under the rear building and still preserve the one level appearance of the center. There was initial resistance because Madison Marquette felt they could not sign leases with stores if it was perceived that they would be on a second floor.
As the plans were prepared, it became apparent that this solution would work; the plan has received approval of City boards and the lease for this garage is before Council. This 120-car under building garage would provide parking for tenants of Beachcliff Market Square and the entire downtown area, but would add approximately $1.8 million to the cost of the project. Thus began the second phase, negotiation of the lease arrangement between the City and Madison Marquette.
Many different scenarios were proposed, and the current version is a win/win proposal. Initially, the owners had hoped for a large upfront payment, but the City's bond counsel, Calfee, Halter, advised against it. The final version, attached to the ordinance, is a very good lease arrangement which will last 15 years. Throughout the process, many meetings have been held between the property owners and the church to insure a smooth relationship. Madison Marquette has changed its plans to accommodate the needs of the church, adding over $200,000 in costs.
Mr. Koran then moved to the financial implications of the redevelopment for the City.
Mr. Koran emphasized that these figures are based upon guesses, but they are based on logical conclusions, and very conservative. There are still hurdles, but Mr. Koran is very excited about the project, and he feels that it must occur in order for downtown Rocky River to remain viable. As far back as an early study in 1988, parking has been seen as a problem for the businesses in downtown Rocky River. Although some private agreements exist, it can be seen that there is insufficient parking in the area, so this lease is crucial to the success of the redevelopment.
Mr. Frost asked about the basis of the current market value. The response was that it was based upon the purchase price.
Mayor Knoble mentioned an article in the Plain Dealer about a proposed development in South Euclid. In an attempt to entice a developer, the City was contemplating donating seven acres of parking to make the project work.
Mrs. Bobst wished to clarify a point from an article in Crain's Cleveland Business which stated that the City will pay $5 million over 15 years. Mr. Koran confirmed that this is an error on the part of the reporter and that the actual amount is the $980,000 in the lease agreement.
Mr. Gollinger recalled that for a number of years, the City has looked for more parking for this area. It has been no secret that there is a shortage, and alternatives have been investigated. All were impractical because of the expense and the unavailability of suitable land. He asked Mr. Koran if the 120 spaces in this garage would be available for residents beyond the period of the lease. Mr. Koran confirmed that it would. As part of a negotiated process, the owner cannot charge for any spaces or reserve any spaces for special use except for handicap spaces required by law during the term of the lease.
Mr. Rob Acker then came forward. He introduced himself as the Development Director of Madison Marquette for the eastern region. He brought with him maps of the proposed development which he shared with Council and with members of the audience. Beginning with a site plan, he showed how the existing theater and addition would be changed and where the garage would be located, mentioning that the end product will be similar to many lifestyle centers popular today. An outstanding selling point will be visibility for the tenant. The garage will have an entrance/exit at both the east and west ends. The elevator will bring garage users into the center of the new area.
Mr. Acker noted that over the last 5-10 years, there have been 16-18 tenants, permanent and temporary. Today there are 12-13 permanent tenants. The new project will allow 32, roughly doubling the number possible today. Today's tenants are largely local, which Mr. Acker says is good, but he would like to add some national tenants with the best of these local tenants for a good mix of retail. One benefit of this to the City is that national retailers do not generally run lean with payroll. There is a manager, full staff and longer hours; this means more income tax generated for the City. He believes that projections that income tax will double are conservative; that in their past experience, they have often tripled.
Mr. Acker responded that he has had conversations with national tenants for some time, but without visibility, they were uninterested. This renovation has created a window of opportunity which has interested new tenants. Talks with potential tenants began more than a year ago, or with the opening of other shopping areas, they would probably not be interested. Responding to a question from Mr. Gollinger, he said that parking will be open and available and signs will indicate it as such. His company will be responsible for maintenance and upkeep of the facility. His company views the community as a partner in this venture.
Mr. Hagan asked Mr. Matty if he had comments about the lease. Mr. Matty noted that the lease was designed to solve the parking situation in the area for 15 years. Free parking for that 15-year period is mandated by the lease. After that, there is no provision in the lease, but it will be market driven. If other centers have free parking, Beachcliff will have no choice.
The Legal Department entered discussions in March and April, and negotiations began in May with the developer, represented by two Cleveland firms and the City by Mr. Matty together with Mr. Babbit and Virginia Benjamin from Calfee, Halter. They worked through a number of legal issues, and brought a complicated matter to a simple lease. Legal issues included bonding/debt issues and prevailing wage issues. When asked for changes or additional information, Madison Marquette acted promptly.
At the Planning Commission final hearing, neighbors were concerned about traffic patterns. With Mr. Potterfield's input and law ideas, issues will be resolved. The only issue open is the Norfolk-Southern lease of a small area. This has not stopped the developer from going forward. It has voluntarily purchased land to increase the size of this development. It is, and should be treated as a unique development.
Mr. Matty credited Mr. Koran for negotiating the lease amounts, which started very high. The lease has taken time to negotiate, but it has continued in good faith. What the City needs is included, i.e. the annual right to terminate the lease subject to Council's appropriation authority. This year, or next year, the City can ask for a projection and an update of the projection as to what property will bring to the City and see if they were conservative. Mr. Matty was pleased that a legal way was found to provide parking spaces for City businesses at the least cost. He credited Mayor Knoble for getting Mr. Koran and Mr Matty involved. The first lease payment will not be due until the first car is ready to park.
MOTION:
Moved by Mr. Hagan, seconded by Mr. Frost, that the Contracts Committee recommend to Council that Ordinance 175-04 be passed.
Discussion: Mr. Hagan added that he anticipates a second reading this evening and would like to call for a vote in two weeks.
Vote: Hagan - aye Bobst - aye Frost - aye
3 ayes 0 nays PASSED
Mr. Hagan thanked all who worked on the project. He remarked that their work was understood and appreciated.
The meeting was adjourned at 7:59 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 Contracts - Government and Judicial Committee of December 13, 2004. These minutes may be amended or revised at the next Legislative Meeting.