DRAFT



CITY OF ROCKY RIVER



DECEMBER 27, 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, Mrs. Bartolozzi,

Mr. Hagan, Mrs. Bobst

Absent: Mr. Hurtuk

Administration: Mayor Knoble, Mr. Linden, Mr. Thomas, Mr. Lesiecki, Mr. Koran



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, that the reading of the minutes of the Legislative Meeting of December 13 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED



Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the reading of the minutes of the meeting of the Committee-of-the-Whole of December 20 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hagan - abstain Bobst - aye

5 ayes 0 nays 1 abstention PASSED



Moved by Mr. Hagan, seconded by Mrs. Bobst, that the reading of the minutes of the meeting of the Contracts - Government and Judicial Committee of December 13 be waived and the minutes be accepted as submitted.

Vote: Hagan - aye Frost - aye Bobst - aye

3 ayes 0 nays PASSED





MAYOR'S REPORT:



Mayor Knoble took a moment to thank Council members, Administration and City Hall employees, and the entire community for the outpouring of support he received. After a valiant effort to fight her cancer, Mrs. Knoble's wish was to be home and she went peacefully. He especially wished to thank Mr. Linden and his assistant, Mrs. Burt, for stepping forward and doing jobs that had to be done. He thanked everyone for their concerns.



Addressing a rumor that he would not fulfill his term as mayor, the Mayor noted that Mrs. Knoble was adamant in her wish that he remain in his position during her illness and after because there is nothing that he would rather do. He said that he will, therefore, fulfill his term, run for another term next year, win and serve another term as Mayor.



Last week's big news was the storm. The Mayor said that he personally made the decision to suspend garbage collection because, in the big picture, every employee was needed to help move the snow and make the streets safe. Further, the scooters would have been unable to navigate in the 18" of ice-topped snow. This was the most difficult snow that either he or Safety-Service Director Linden can recall. Even large equipment had problems and small equipment was virtually useless. These were brutal conditions and the Mayor thanked service employees for doing a difficult job. The battle will continue to restore streets to bare pavement, clear sidewalks in public facilities, and clear sewers and hydrants.



LAW DIRECTOR'S REPORT:

Mr. Matty reported that since the last meeting, two lawsuits have been filed against the City:



The 75th report from the Norfolk-Southern Railroad agreement has been received and for the month of November, 2004, an average of 3.8 trains per day have traveled through the City.



For the next Council meeting, Mr. Matty will prepare an intent to appropriate a property at Wooster and E. Shoreland for discussion.





COMMITTEE REPORTS:



Safety Committee: Mr. Frost reported that Mr. Crowe, the Fire Prevention Officer, has received a notice from the State Fire Marshal that a Public Hearing will be held at l:00 p.m. on December 29, 2004 in Reynoldsburg, Ohio. (Exhibit "A") The purpose is to receive public comment on the proposed adoption of the 2003 International Fire Code with Ohio amendments. If these are adopted, changes may be necessary at the local level. Officer Crowe can provide more details and will monitor the status of the changes.





COMMUNICATIONS AND ANNOUNCEMENTS:



Mrs. Bobst has received a letter forwarded by Mayor Knoble regarding smoke-free establishments including an article about such considerations in Lakewood. These were forwarded to Mr. Gollinger's Environmental Committee for consideration.



Mr. Frost has received an e-mail from Kevin Mooney asking that the City prohibit dangerous dogs. (Exhibit "B")



Mr. Hagan has received a letter from Tracey Demers concerning Ordinance No. 175-04. (Exhibit "C") as well as one on the same subject from Fred I. Sokol. (Exhibit "D")





AUDIENCE PARTICIPATION:



Fred I. Sokol, 20021 Parkview Avenue read the letter submitted to Councilman Hagan concerning Ordinance No. 175-04.







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. Notes from their first meeting on this topic have been distributed, and Mr. Potterfield referred these comments to the Planning, Zoning and Economic Development Committee for discussion in January.





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"

3RD READING



Moved by Mr. Hagan, seconded by Mrs. Bartolozzi and Mr. Gollinger, that Ordinance No. 175-04 be passed as read:

Discussion: Mr. Hagan first thanked Mr. Matty, Mr. Koran and the Administration whose hard work has resulted in the agreement now before Council. He noted that he and his colleagues have had an opportunity to review the lease and the opinions of the bond counsel. The Contracts Committee also discussed the issue on December 13 with a representative of Madison Marquette and Mr. Koran. Further, many Council members spoke last week about this legislation.

Mr. Hagan asserted that this is not a "crazy idea", but a unique opportunity. Alternatives for Beachcliff Market Square have been considered, and parking is always a consideration. It was brought out that in the past, Council has considered spending $3 to $4 million for a parking garage whereas this is $980,000 in a lease agreement which begins only when the garage is completed. In addition, it is a fee which must be passed annually by Council. Mr. Hagan believes that this development and garage will be a catalyst for development. He noted that no tax abatement has been offered and that the project will attract new businesses and create new jobs. He urged his colleagues to support the legislation.



Mr. Gollinger reiterated that this will benefit not only this project, but other neighborhood businesses; it will encourage shoppers; it will meet the needs of a new shopping hub. This is a creative approach which will keep the property on the tax duplicate and will add jobs and revenues.



Mr. Frost concurred with Mr. Hagan and said that rather than spend $3 or $4 million and take land from the tax duplicate, this would encourage a $30 million redevelopment at a cost of less than $1 million. This will provide free parking and encourage businesses. The $30 million development makes this easy to accept.



Mrs. Bobst also acknowledged Council's lengthy discussion last week. She thanked Mr. Koran for his input on this unique opportunity for this entire area. It is not a case of building and hoping they will come-rather it is being built and they are already there. She expressed appreciation for the Administration's efforts.

Vote: Gollinger - aye Potterfield - nay Frost - aye

Bartolozzi - aye Hagan - aye Bobst - aye

5 ayes 1 nay PASSED





ORDINANCE NO. 184-04 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2004

1ST READING



Moved by Mrs. Bobst, seconded by Mr. Potterfield and Mr. Hagan, that the rule requiring that Ordinance No. 184-04 be read on three separate days be suspended, and that Ordinance No. 184-04 be placed upon its passage:

Discussion: Mrs. Bobst noted that Mr. Hurtuk led a discussion last week which brought out the fact that this is a housekeeping ordinance passed several times during the year, and certainly at the end of the year. The Finance Director has provided documentation and detailed reports explaining the changes.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED



Moved by Mrs. Bobst, seconded by Mr. Gollinger, that Ordinance No. 184-04 be passed as read:

Discussion: Again, this is a housekeeping matter with detailed documentation.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED





ORDINANCE NO. 185-04 BY BRIAN A. HURTUK

AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF $8,400,000 IN PRINCIPAL AMOUNT OF BONDS FOR THE PURPOSE OF IMPROVING, FURNISHING AND EQUIPPING THE DON UMERLEY CIVIC FACILITY AND IMPROVING RELATED SITES AND DECLARING AN EMERGENCY

1ST READING



Moved by Mrs. Bobst, seconded by Mr. Frost, that the rule requiring that Ordinance No. 185-04 be read on three separate days be suspended, and that Ordinance No. 185-04 be placed upon its passage:

Discussion: This issue prevailed at the November election, and an opportunity has arisen to save money because if we act quickly, the paperwork will be still in effect. Mr. Thomas confirmed that this is an ordinance in the process of the issuance of bonds.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED



Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that Ordinance No. 185-04 be passed as read:

Discussion: Again, this is one step in the process which is proceeding.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED





ORDINANCE NO. 186-04 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE TO MAKE TEMPORARY APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2005

1ST READING



Moved by Mrs. Bobst, seconded by Mr. Potterfield and Mr. Frost, that the rule requiring that Ordinance No. 186-04 be read on three separate days be suspended, and that Ordinance No. 186-04 be placed upon its passage:

Discussion: Every year an ordinance is passed which authorizes expenditures for the first quarter of the following year. The budget will be submitted by the Administration during this time and will be considered for passage in February or early March. There is no reason to delay as this will be needed in January.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED



Moved by Mrs. Bobst, seconded by Mr. Gollinger, that Ordinance No. 186-04 be passed as read:

Discussion: Mr. Thomas explained that these are temporary amounts and are calculated on a ratio basis, based on 2004 spending. When the permanent budget is under consideration, it will contain language which will repeal this budget and that will take effect for the entire calendar year. It will not be in addition, but will replace this temporary budget.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED





MISCELLANEOUS BUSINESS:



Mrs. Bobst asked that sewer tie-in fees be placed on the agenda of the next Committee-of-the-Whole.



Mayor Knoble reminded everyone that City Hall will be closed this Friday for the New Year's holiday. In addition, City Hall will not be open on January 17 in observance of Martin Luther King Day. Council will meet on January 18. The Mayor noted, however, that service crews will work on December 31st.



Mayor Knoble also announced that the mother-in-law of Jeanne McIntyre of the Building Department has passed away.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:40 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 27, 2004. These minutes may be amended or revised at the next Legislative Meeting.