MINUTES OF THE REGULAR STRONGSVILLE COUNCIL MEETING HELD ON JUNE 6, 2005 IN THE COUNCIL CHAMBER

Transcription

1 MINUTES OF THE REGULAR STRONGSVILLE COUNCIL MEETING HELD ON JUNE 6, 2005 IN THE COUNCIL CHAMBER The meeting was called to order at 8:07 p.m. by the President of Council, Raymond L. Haseley. All joined in the Pledge of Allegiance to the Flag. CERTIFICATION OF POSTING: The Clerk of Council certified that the meeting had been posted according to the requirements of Ordinance No ROLL CALL: Present were: City Council: Patrick J. Coyne Joseph C. DeMio James A. Kaminski Raymond L. Haseley Michael J. Gallagher Mark A. Roth, III Michael J. Daymut Clerk of Council Leslie J. Seefried Administration: Mayor Thomas P. Perciak Law Director Kenneth A. Kraus Finance Director Donald C. Batke Service Director Joseph M. Walker Economic Development Director Eugene P. Magocky Interim Fire Chief Robert Moody Police Chief Charles W. Goss Communication & Tech Director John Bedford City Engineer Ken Mikula Building Commissioner Anthony J. Biondillo Recreation Director Stephen F. Kilo *** Motion was made by Mr. Daymut and seconded by Mr. DeMio to amend the agenda by adding Resolution No All members present voted aye and the motion carried. ***

2 June 6, 2005 Page 2 COMMENTS ON MINUTES: The Minutes of the Regular Council Meeting held on May 16, 2005 were approved as submitted. APPOINTMENTS AND CONFIRMATIONS: None. PUBLIC HEARING: Ordinance No AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF STRONGSVILLE ADOPTED BY SECTION OF TITLE SIX, PART TWELVE OF THE CODIFIED ORDINANCES OF STRONGSVILLE TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN REAL ESTATE LOCATED AT ROYALTON ROAD (PPN S AND ) IN THE CITY OF STRONGSVILLE FROM R1-75 (ONE FAMILY 75) CLASSIFICATION TO OB (OFFICE BUILDING) CLASSIFICATION, AS AMENDED. (Bruce A. Morris, Owner.) 1 st rdg: Amended by sub ; 2 nd rdg: Favorable recommendation by Planning Commission rd rdg: Council President Haseley opened the Public Hearing on Ordinance No and invited anyone wishing to speak IN FAVOR of the Ordinance to come to the podium and address Council. Dr. Bruce Morris, Royalton Road, Strongsville My name is Dr. Morris, I m the owner, and my address is Royalton Road. And I still intend to build an office building there suitable for my practice, which is now located on Pearl Road. That s it. Mr. DeMio I just want to ask one question. Mr. Haseley Sure, go ahead. Mr. DeMio Doctor, how are you? Dr. Bruce Morris Good. Mr. DeMio Good. How big is that lot? Dr. Bruce Morris -.75 acre; three quarters of an acre. Mr. DeMio What was it, about? It isn t 175 or 150, right, it s 75? How wide is it? Dr. Bruce Morris It s about 165, 170 on 82 and then about 190 deep. Mr. Kaminski Not the one by Giant Eagle. Mr. DeMio Yeah, that s at the corner. Mr. Kaminski Yeah.

3 June 6, 2005 Page 3 Public Hearing Ordinance No (cont d): Mr. Haseley Is that it, Joe? Mr. DeMio Yeah, that s I just Mr. Haseley Alright, anybody else have any questions for Dr. Morris? Mr. DeMio It s not a double lot, in other words, it s the regular lot on the corner, right? Dr. Bruce Morris Well there s two parcels. Mr. DeMio Okay. Dr. Bruce Morris That s what the Mr. DeMio Yeah, that s what that says, but is that a that s Dr. Bruce Morris I believe it s a double lot. Mr. DeMio Okay. Dr. Bruce Morris Because it s larger than Mr. DeMio Right, because there s that green area there, if you will, where they park. Dr. Bruce Morris Right, that s next to Giant Eagle and that s where they put the mound and the trees and stuff. I don t own that, Giant Eagle owns that. Mr. DeMio Right. Okay. Thank you. Mr. Haseley Anybody else have anything for Dr. Morris? (No comments) Mr. Haseley Thank you. Anybody else in the audience wishing to speak in favor? Now, this is in favor. Tony Zubek, Timberline Drive, Strongsville I don t have to be opposed, do I? Mr. Haseley No. Tony Zubek Thank you. Mr. Haseley - Just want to make it clear. Tony Zubek I understand that. Tony Zubek, Timberline Drive, Strongsville, Ohio. I m speaking in favor of the positive action of this activity. I looked at the property, it s on the corner of Royalton Road and Ordner Roads and if you re looking at it from the coffee shop, it s on the east side of the street and to its east is a large opening of property.

4 June 6, 2005 Page 4 Public Hearing Ordinance No (cont d): Tony Zubek (cont d) - The entranceway of the parking lot area is in the back of the residential facility at this point. The homes behind it are residential. However, if you go down that street you discover that to accommodate the Giant Eagle store and that portion of things a very large hill was built, so that it would seem simple in its context to protect particularly the one home that would be most affected by this, which would be directly south of this facility, by putting up a small hill, protective area, behind this office facility so that that home was protected. And, indeed at that point, that particular property and the rest of the street would probably be shrouded from a lot of noise. Thank you. Mr. Haseley Thank you. Anybody else in the audience cares to step forward in favor of this? (None) Mr. Haseley then invited anyone wishing to speak IN OPPOSITION to the Ordinance to come to the podium at this time and address Council. Jan Coan, Ordner, Strongsville Jan Coan, Ordner, and I very definitely stand opposed to this. I have a long The gentleman that just spoke said that the only person or property that he thinks would be affected would be the one directly behind. Well, I live directly across and Ordner is already so congested, it s a drive-through street to get to the main road, I mean it s always backed up with traffic. I find it very difficult to get out of my driveway at any hour of the day and, also, I had been working in the yard, within one hour there were two accidents at that corner and I believe if you check back with police records there is quite a number of them. I don t believe it s necessary to have that there, I think we have enough buildings sitting empty in Strongsville that could be utilized in a manner such as the doctor needs and I don t see any reason why we have to put another building that only would create more traffic jams than it already has. Thank you. Mr. Haseley Thank you. Anybody else in the audience that cares to speak in opposition? Mike Wallace, Ordner Drive, Strongsville My name is Mike Wallace, I live at Ordner Drive. Are there any plans in terms of what I can look at to see what this office building is going to look like? Because I know about two years ago they tried to make it to office building or general whatever you want to call it and they didn t really have any plans, I mean, it was basically going to be the house with chiropractor across the shingles. Mr. Haseley To the best of my knowledge to answer that question, I don t believe anything has formally, other than the rezoning application, nothing has formally been in Mike Wallace So how can you rezone something if you don t even know what s going to be built there? I mean, you re so concerned about that one down on Pearl Road, what that was going to look like. You know, you wanted to have plans and everything else before you were going to rezone that, and then all of a sudden this one comes up and you got a favorable recommendation from the Planning Committee and there are no plans; what did they review?

5 June 6, 2005 Page 5 Public Hearing Ordinance No (cont d): Mr. Haseley There s no engineering plans, there s a sketch plan or a conceptual plan. That s not unusual in a case like this. Mike Wallace And where is that, where can I look at that? Mr. Haseley That would be at Mike Wallace Or is it just the house just going to be converted? Mr. Haseley - in the Planning office. Mike Wallace Is it going to be just the house, or are they planning on taking the house down? Mr. Haseley No, the house will come down. Mike Wallace Okay. Mr. Haseley My suggestion is to call Linda Plain and ask her to at least send or make an arrangement to go pick that up. Mike Wallace And the reason it s going to be general general what s the easier one, where you can put anything in there? Mr. Haseley General Business. Mike Wallace Why d it go from General Business to Mr. Haseley Because this way it s limited to office and Office Building, rather than stores or what have you. Mike Wallace Then how easy is it to go from Office Building to General Business? Mr. Haseley He can Mike Wallace I mean, year down the Mr. Haseley He can ask for any rezoning he wants. Mike Wallace But this one has to go through a vote, doesn t it? Mr. Haseley Absolutely. Mike Wallace And it already has, once. Mr. Haseley Well. Mike Wallace - I mean, can you just keep going back to the voters? Or is there like a limit to how many times you can vote on it? Mr. Haseley I believe citywide it passed, it failed slightly in the ward. And he just wants to try again. That s his He owns the property, we can t stop that.

6 June 6, 2005 Page 6 Public Hearing Ordinance No (cont d): Mike Wallace And what about, has there been traffic patterns, anything like that studied? Mr. Haseley That will be handled at Planning Commission if and when this does pass the zoning requirement. Mike Wallace Okay, well it s Mr. Haseley This is strictly on the rezoning, nothing to do with the size of the building, other than a concept. Mike Wallace Well shouldn t it have all that planned out before you rezone something? Mr. Haseley No, that s not that Mike Wallace That s not the way we do it in Strongsville? Mr. Haseley That s not the way it does Mr. Kraus Mr. President. Mr. Haseley - it happens anywhere. Mr. Kraus Can I just clarify Mr. Haseley Sure, go ahead. Mr. Kraus - for the resident. The zoning, sir, goes to the possible use of that parcel of land, it does not go to a specific plan at this point in time. If the Council sees fit, and in this instance, the electorate sees fit to rezone it to, for example, Office Building district or classification, then at that point whatever our ordinances provide for possible office use would be that which the landowner could proceed with, consistent with those ordinances for that particular parcel. So the first step is the question simply of the proper use of that land in terms of what zoning district or classification, that s step one or phase one. If we get past that, which we may or may not, then later on step two or phase two would be proper utilization, filing of proper engineering and building plans with the City for review to ensure that whatever specific structure is proposed meets our codified ordinances for, in this instance, for example, office. So it s a two-step process. Mike Wallace But I mean you could just keep that house up and that could be an office building, technically, right? Mr. Haseley No. Mike Wallace No? Okay. And the other question is, is there a master plan in terms I know years ago they were going through and revising the master plan and, I mean, 82, at one time they wanted to buy all that property along 82, is that Mr. Haseley That was a rezoning to General Business that never really came in front of Council.

7 June 6, 2005 Page 7 Public Hearing Ordinance No (cont d): Mike Wallace But I mean has the master plan been changed to make that look like that? Mr. Haseley I can t answer that off the top of my head. Mike Wallace Okay. Mr. Haseley If you care to come to the City, some of that can be answered for you. Mike Wallace Alright. Mike Wallace But that In the Planning office. Okay? Thank you. Anybody else have anything in opposition? (No comments) Hearing no further comments in regard to Ordinance No , Council President Haseley declared the Public Hearing on said Ordinance closed. REPORTS OF COUNCIL COMMITTEES: BUILDING CODES AND CEMETERY Mr. Roth: Thank you, Mr. Haseley. No legislation in Building Codes and Cemetery, so my first question is, this is the third meeting I ve asked for a response back on the Breckenridge development. They were ordered not to raise their foundations up in the air like thirty seven anthills. They knew that they had a maxed out 1933 eight inch sewer line on Prospect, stay away. They also knew that they had a Meadowood sewer that was shallow because of basement-less homes. I want to know if they re carting in it seems to me, but I m no expert seems to me that they re carting in a lot of dirt and raising those foundations, which they re not supposed to be doing. I want to know, yes or no. I also want to know did we drop have them drop a temporary blade to stop the flood waters? When that land is stripped now it s flooding out people on Cedar Branch. Did we have them put a temporary swale in, yes or no? And did we have them put in silt fences, more than the thirteen feet that was around one little spot on the whole complex? So I need a response on those three issues. I d like to call a meeting for all those homes identified as problem homes, red homes, storm water infiltration homes. There s lots of confusion. The meeting didn t offer enough time for many of the residents in the packed out house here to ask their questions. The residents don t want to be identif they want their problem identified so they don t waste hard earned dollars fixing something that s unnecessary. They want their questions answered. They want a reasonable timeframe to fix the problem that s existed for many years and that the City took over two years to look at. They don t want to be threatened to go to jail in 120 days. NEOSD even, the Northeast Ohio Sewer District, allows two years, two year timeframe to tie into sewers along your cross frontage. I really didn t know about the letter that went out, I really take offense to it sending a threatening, criminal, accusing a threatening letter to residents isn t the way to start off this episode, this adventure, this whatever you want to call with the City; there was another way to approach this problem, a more effective way. Should have brought the residents in and talked with them and we shouldn t be threatening them.

8 June 6, 2005 Page 8 Mr. Roth (cont d) So I want to call the meeting and if that s not possible, then, you know, the residents are going to have to come here because the only time the experts are in a room is when we have these Council meetings. Mr. Haseley Mr. Roth, let me interrupt that. Mr. Roth Okay, sure. Mr. Haseley I don t believe this is the forum for that. I know at the meeting I had, which was very orderly Mr. Roth So was mine, Mr. Haseley. Mr. Haseley Well, not the one not when I got there, it wasn t very. Mr. Roth It was orderly all the way through. Mr. Haseley Well. That s not what I m trying to say. Mr. Roth We got it on tape. Mr. Haseley The recommendation was for people to call either Engineering or Building and they would deal with the specific problems of that home. And unless I m wrong, that hasn t changed. Mayor Perciak Mr. President, Mr. Roth. Mr. Haseley Mayor. Mayor Perciak Yes, that is the policy and the procedure that we asked; if the residents have an issue, they have a problem, our City Engineer along with our Building Commissioner and even our Service Director has availed themselves to the residents so that we could sit with them one on one and help answer their questions and work with them as effectively as we can. We have no intentions at all of punishing the residents in any form, that has never been our intent. Our intent is to work with the residents and bring this storm water infiltration to some type of successful completion. Again, we extend to the residents on behalf of the Administration the help that they may need; I m sure Mr. Mikula, Mr. Biondillo and Mr. Walker would avail themselves during business hours. We have also, as Mr. Biondillo announced, because some of the residents may be doing some of this work themselves, we have also made inspections available on Saturday so that if the people are doing it, we can work with them. We are not being uncooperative, we re just trying to get a job done. Now, as far as the letters are concerned, ladies and gentlemen, everyone on Council, along with the Law Department and every director at the City, had access to these letters, they knew the letters were going out. Anyone sitting up here who wanted a copy of that letter, alls they had to do was come to City Hall and pick it up it was available. So again, we ask you to cooperate, we are here to help and the directors are here to help. Thank you. Mr. Roth Okay. I would also like a response on the Strongsville Boulevard sewer pipe repair to the public sewer that goes we ve had a crack and undermining on Strongsville Boulevard.

9 June 6, 2005 Page 9 Mr. Roth (cont d) - I would like to know why Strongsville is not on the low interest home loan program, why we re not on the list for that when many communities are. Mayor Perciak Excuse me, what is Mr. President, Mr. Roth. Mr. Haseley Mayor, go ahead. Mr. Roth The home low interest home repair loan program, and I d like Mayor Perciak Get me the information. You know, I ve done that for thirty six years before I became Mayor and I would be delighted to help the residents if I can. I just need to know the government agency I can go to. Mr. Roth Okay. Mayor Perciak And I would gladly sit down with them and bring that forward, if it s possible. Mr. Roth Okay, I will give you that information, Mayor. We re one of the few communities not on the list. I ll give you that information. Steven-David Drive sewer repair, also; is that complete, or when is that scheduled? Mayor Perciak Excuse me again, Mr. President, Mr. Roth. Mr. Mikula and Biondillo, is that a private or is that a dedicated street, Steven-David Drive? Mr. Roth It s a private driveway, Mayor, I can answer that one, but it s a public sewer. It s a public sewer that s ruining it. It s a public sewer that s erupting through the surface, so it is the City s responsibility. Mr. Haseley You want to reply to that, Mr. Mikula, or no? Mr. Walker That would actually be myself, Mr. President. Mr. Haseley Alright, Joe. Mr. Walker It is within an easement, it is a public sewer, we have checked it out. We will be making that repair, but it probably won t be for about two or three weeks. Mr. Roth Okay, that s fine, I just wanted to know the timeframe. Thank you, Mr. Walker. Mr. Kaminski Question, Mr. President. Mr. Haseley Mr. Kaminski.

10 June 6, 2005 Page 10 Mr. Kaminski All of the councilmen have been asked and required to put all of these in an action memo, which all of us do, and these should be addressed with action memos, that is the proper format that the Mayor has requested. Mr. Roth Yeah, and that s being Mr. Kaminski Is there Mr. Roth - that s being followed. Mr. Kaminski Is there a reason why? Because if we all conducted our business at the meeting, we d be here for four hours. Mr. Roth Well, that s kind of why I asked about Breckenridge. It s the third meeting I ve asked, so that s six weeks right there. Mr. Kaminski But did you ever put in an action memo? Mr. Roth Everything s in an action request, Mr. Kaminski. When I don t hear nothing for six weeks, I ask it on the floor. Mayor Perciak Mr. President, Mr. Roth, that is not true. Mr. Haseley Mayor. Mr. Roth Mayor, you can check the minutes. Mayor Perciak We are complying with the court order on Breckenridge. Mr. Roth Yeah, I asked for a response. Mayor Perciak Wait, wait, wait, please. Mr. Roth That s all I asked for. Mayor Perciak And I will not do anything to violate that court order, nor will our City Engineer or this Administration do anything to allow a subdivision to go in that doesn t comply with all the ordinances of record that we have. So you re going to have to just give us a little bit of room. Now, after the last meeting when you asked for somebody to go out there I sent Director Mikula out there the very next day and he came back and reported that the subdivision is being built according to the order. Mr. Mikula, do you care to comment?

11 June 6, 2005 Page 11 Mr. Mikula Certainly, Mayor. I reviewed the couple of issues that were brought up at the last meeting, one was the lake out at Breckenridge and I believe the approved plan, as this Council knows, includes a lake for storm water management out there. There is one of the sides was mentioned to be steep, they are still under construction out there and still need to access the rear of the site, so until that construction is complete that will remain like that. They have put in the silt fence that was required per plan. I went out there and reviewed the grading and the areas particularly as they back up to Creekside and I did not observe any flooding there, and whatever silt fence that was required was in place. They are permitted to grade up to and according to the plan. I would encourage anybody who is in disagreement with how the final project s going to look out there, right now the street is basically almost at grade and it does not appear to be excessive in height, but at any rate, the contractor and the developer will be required to install that per plan. With regard to the sewer on Prospect Road, the plans as approved and as required by the City do not show a connection to the sanitary sewer at Prospect Road, so they are in compliant with that. I guess that pretty much sums it up, Mayor. Mr. Roth Mr. Haseley. Mr. Haseley Alright. And Mr. Roth, I m going to add something. I totally concur with the statements as made by Mr. Mikula because I went to that site with him and walked the whole thing. It s a development. They have to do these things, that s how it s done. Mr. Roth Mr. Mikula, did they drop did they make any sort of temporary swale for the stripped land right now? Mr. Mikula Right now they re working on putting the culvert through and they ve got a temporary diversion around there. Again, I reviewed the area as it backs up to Creekside that you mentioned, as you recall, there s a buffer area there of trees that remains, it appeared to be draining well, so. Mr. Roth Alright. Mr. Mikula, we ve had some dry weather and we had lots of complaints and problems on Cedar Branch also, that s why I asked for a temporary swale, to divert some of the storm water because everything s moving fast. Did they do something down there at Cedar Branch? Mr. Haseley Mr. Roth, I ve allowed, because of the variety of answers that you received here, I ve allowed you to go well past the five minutes, so if you ll put some of this in other areas

12 June 6, 2005 Page 12 Mr. Roth Well this is why I asked at the three consecutive meetings, Mr. Haseley, because I didn t get any answers in my mailbox, I didn t get any answers in my packet, so I ve got to ask them on the floor. You re answering my questions right now; if you would have answered them this week I wouldn t have to ask them right now for the people. Mr. Mikula Just to finish up with regards to the temporary swale, that area has been resolved and they regraded that area so that there would not be any flooding across the driveway at the end of Cedar Branch. Mr. Roth Okay. Thank you, Mr. Mikula. If I would have got some of these answers before the meeting tonight, I wouldn t have had to ask them at the meeting tonight. Mr. Haseley Thank you, Mr. Roth. FINANCE Mr. Gallagher: Thank you, Mr. Haseley. Before Finance this evening we have three orders of business, Ordinance , Resolution and Resolution , all recommendations are for suspension and adoption. In addition, on the 16 th of this month I ll be having a Finance meeting starting at five o clock here in Council Chamber. We ll discuss House Bill 200 and its possible savings to the City recycling program here in town and after I ll make myself available and anybody else in the City that wishes I know there s some questions regarding our budget, I ll have a Power Point presentation and be able to walk anybody through where we re at with your money, how it s spent and what we re doing with it as far as plans for the future. I hope to be able to answer anybody s questions that they may have; I think it would be helpful if you do have questions or concerns to come on in and I ll be here as long as necessary. And that s on the 16 th and that probably will be about six o clock -- five thirty, six o clock. That s all we have before Finance this evening. Mr. DeMio Michael. If I may, Ray. Mr. Haseley Yes. Mr. DeMio Just to make a note. I m not even I don t even know if the 16 th is a day - I know I m on your committee that I can make that day. Would you allow me to check my calendar for the rest of the week, or next week? Mr. Gallagher Oh, sure. This is very casual, I mean they are just I just Mr. DeMio I understand, but it s an important issue.

13 June 6, 2005 Page 13 Mr. Gallagher And I think what I m going to do is make further dates down the line throughout the year so people can just come in if there are questions, and there are questions; I think the more information we put out there Mr. DeMio So is this a committee meeting or are you just doing an information meeting? Mr. Gallagher After the committee meeting, I ll just make myself available. The committee meeting s at five o clock and we re just going to go through just some minor issues. Mr. DeMio Well, I m driving home with you because apparently you can make that quick, half hour ride from downtown. Mr. Gallagher I leave a little bit early. Mr. DeMio Okay. Mr. Gallagher But I sign out. Mr. Haseley Thank you. Anybody else have any questions? Mr. DeMio Will you sign me in? Mr. Haseley Any more questions for Mr. Gallagher? (None) INDUSTRIAL/COMMUNITY DEVELOPMENT Mr. Daymut: Thank you, Mr. Haseley. Industrial/Community Development met briefly this evening, we have no ordinances or resolutions on this evening s agenda. I d like to give a brief report of our meeting of May 23 rd at 7 p.m. here in Council Chambers. The first topic of discussion was our business network breakfast meeting scheduled for this Thursday at 7 a.m. at the Ehrnfelt Recreation Center. Again, I d like to thank Dr. Jeffrey Viscomi who is representing Docere Physicians for sponsoring that particular breakfast. Besides the Mayor s comments at that particular breakfast we will have a guest speaker which will be William W. Wilkins, he s the tax commissioner for the State of Ohio and his topic will be tax reform. At that meeting we also discussed our resident s survey. It s my understanding that Ohio State has received payment for that and hopefully in the next week or two Richard Pinkerton of our committee will begin the process of developing a survey for all our residents, and we hope to use the internet for most of that survey.

14 June 6, 2005 Page 14 Mr. Daymut (cont d) - Gene Magocky was unfortunately not able to attend that meeting due to business in Columbus and I d like to thank the Mayor personally for attending that meeting and bringing the committee up to date on the new businesses that are locating here and what direction the City is taking when new businesses are considering locating here. We will have an update on the renaming of Foltz Industrial Parkway to Foltz Parkway, the signatures should be completed very shortly. We discussed Progress/Alameda, Distance Learning and, of course, the north end project. Our next regular meeting will be June 27 th here in Council Chambers at 7 p.m. and that is a Monday. And I believe that s all I have this evening. Thank you very much, Mr. Haseley. Mr. Haseley Thank you, Mr. Daymut. Any questions for Mr. Daymut? (None) PLANNING, ZONING AND ENGINEERING Mr. Haseley: Planning, Zoning and Engineering met this evening with the following recommendations: Ordinance , recommendation is to adopt; Ordinance , recommendation is to place on first reading and refer over to Planning Commission and back to committee. Oh, I m sorry, I m ahead of myself, just put it on first reading. Ordinance , recommendation to suspend and adopt; , suspend and adopt; is place on first reading and refer to Planning Commission; Ordinance , suspend and adopt; Resolution , suspend and adopt; Ordinance , suspend and adopt; Ordinance , suspend and adopt; and, lastly, Resolution , suspend and adopt. I ll field any questions. Mr. Coyne Mr. Haseley. Mr. Haseley Yes, Mr. Coyne. Mr. Coyne Two issues that I was not able to bring up under Mr. Roth s committee, but I think they re pertinent to your committee is, number one, I know that we received an from Jim and Cheryl Ardelean, who live on the corner of Stillbrooke and Cook. Throughout the years they have been one of the households that have been subjected to a lot of heavy flooding in that area. Consequently, on at least two occasions Council turned down a building permit on property adjacent to them for the reason that it was deemed an unbuildable lot. When I was over in her yard recently to look at the work that the Service Department did she brought that issue up to me. At that time I called Mr. Biondillo, he did say he issued the permit, he did tell Mrs. Ardelean any concerns that she might have, her and her husband, they would work with them, which they have.

15 June 6, 2005 Page 15 Mr. Coyne (cont d) - The issue is now, originally it was supposed to be a slab, built on a slab, now they re going to have a basement and the that all of you are in receipt of is their concern that they will be subjected to some considerable flooding. So, with that being said, I m requesting that Ken Mikula and Tony Biondillo try to schedule a meeting to bring them both in to assure them that the approval process is going to be in their best interests, meaning that they will not be victims of any further water in the basement because of this new home being built. And, again, she sent s to us twice and called me twice, so I m requesting that you get together with them and work with them and give them any type of assurances they need. You know, obviously, I don t think Tony would have issued the permit unless he had the confidence that everything is going to be fine and I think they d like to see those reassurances. The second issue is one that you guys worked with me on and it s one that I think we need to bring to a conclusion and that s another Stillbrooke issue about all the dirt that s being brought in on the property over there. The work there is on and off, the residents on Carol Drive have been subjected to a lot of water, the inspectors have been out with me, the Mayor s fully aware of it he allowed them to come out with me, and I just think we need to draw this to a conclusion. Any work that they re going to complete, I d like to see it completed shortly and that way we can assist the residents of Carol Drive with all their issues that they have had. This project s gone on for two years and, you know, it s supposed to be a soccer field, it s supposed to be an orchard, and right now it looks like a moon landing, so any assistance you can provide me, I m getting a lot of calls from people about trying to draw that to a conclusion, so if you can be of assistance to me on that I d certainly appreciate it. Thank you. Mr. Haseley Thank you. Any other questions within this committee? Mr. Daymut Mr. Haseley. Mr. Haseley Yes, Mr. Daymut. Mr. Daymut Mr. Haseley, if you would possibly be able to schedule a joint meeting between Planning and Council concerning the north end at Whitney and Pearl, I know that project is starting to move forward; I will leave it up to your discretion when you think that is appropriate to do that, but I am getting quite a few calls from the residents down there and would like to report back to them. But whenever you think it is appropriate, if you would schedule that meeting it would be appreciated. Mr. Haseley I haven t picked a date yet, Michael, but that is on the agenda. Mr. Daymut I thank you very much.

16 June 6, 2005 Page 16 Mr. Haseley What I would like to see is a little more definition as to what s really, what we re all about there. Mr. Daymut And I will leave it to, as I said, your discretion Mr. Haseley Okay. Mr. Daymut - because I think you ll know when it s time to have that meeting. Mr. Haseley Thank you. Anybody else? (No comments) PUBLIC SAFETY Mr. Daymut: Thank you, Mr. Haseley. Public Safety met this evening and gave a favorable recommendation to Resolution and, of course, that is requesting proposals for architectural and engineering services for the design of the new Ward 4 fire station. And, also, a favorable recommendation to Ordinance and, of course, that is the Ordinance for the thirteen mobile data terminals for use by the Police Department. I would appreciate support on those. Our next regular meeting will be next Monday, June 13 th, at 6 p.m. at the Ward 1 Fire Station in the Community Meeting Room. And that s all I have this evening, Mr. Haseley. Thank you very much. Mr. Haseley Thank you. Anybody have anything for Mr. Daymut? Mr. Gallagher Mr. Haseley. Mr. DeMio Brief. Oh, I m sorry. Mr. Haseley Mr. Gallagher. Mr. Gallagher Mike, I d just like to thank you for all the work you ve been doing on the proposed Ward 4 fire station. I know yourself, Ray Haseley and Jim Kaminski have been running around the state looking at other facilities and I really appreciate the effort you guys have been putting into it and I m sure in the end it ll be the best that we can provide. Thanks again. Mr. Haseley Thank you. Joe. Mr. DeMio Ray, I did talk with the Chief about this earlier and I know over the weeks I ve talked to the Mayor about this as well. I know we ve had many, many calls about attempted abductions and such and I know we don t have the three officers yet, Mayor, hopefully we will have them soon if Washington gives us our funding.

17 June 6, 2005 Page 17 Mr. DeMio (cont d) - I just ask and I was witness, by the way, that the officers were out and about a lot more, maybe for obvious reasons to make sure everyone saw that, but I urge you to instruct your Chief, and I m sure you have, to put as many officers as possible until we resolve these issues. And I know you ve had a great answer for me, so I want you to share that with the residents. Mayor Perciak Mr. President. Mr. Haseley Mayor. Mayor Perciak Mr. DeMio. Chief Goss and I, we speak several times a day and we had conversation, especially last week, I don t know how many times each day and we really beefed up all the patrols in the Walnut/Ash/Echo Lake areas. Chief Goss, if you d care to comment and pick up from there. Mr. Haseley Chief. Chief Goss Mr. DeMio, first of all with regard to our staffing, the Mayor and I are working very hard to bring about a conclusion to our grant request, it s in the hands of the officials in Washington and we re doing everything we can to prod them along to get them to come to a decision as quickly as they can; we ll be ready to move when we get the word from them. With regard to the neighborhoods, our neighborhoods are always our first priority and they ll continue to be and when we have incidents that cause concern then we redouble our efforts and put whatever available discretionary staffing that we have in those neighborhoods. Mr. DeMio Mayor, the interesting thing, I know you ve talked about this and the only reason, you know, I m sharing this a little more publicly than I normally would is, you know, when you go to baseball games and soccer games and you talk to different parents and of course anxiety kicks in because it s their children, and both of us being parents and all of us up here being parents, the very unique thing about this is they re in neighborhoods where there s not easy access to get out, which throws everybody for a loop, and usually it s a, you know, a dash and run type of thing. I ve been down in the court system since 1986, 87, excuse me, so I ve assured them that every little call makes a difference, no matter what it is. And I strive that to them. I don t care if they think they d rather not say something, I said call. Mayor Perciak Mr. DeMio, I couldn t agree with you more and Chief Goss and I talked about that in great length with each and every incident. The unfortunate part is we re the last one to get the call and we need to be the first one to get the call. As soon as an incident like this happens, you know, the Chief has been clear please call the Police, call us first because by the time we can react, whoever this individual may be is long on their way. Last week, for example, we didn t find out for hours after the incident occurred, is that correct, Chief?

18 June 6, 2005 Page 18 Chief Goss That s correct, Mayor, about four hours. Mayor Perciak I mean, well, by then they could be halfway across the state. Mr. DeMio Right. And, you know, Mayor, that s one discussion we ve had and we re not putting blame it on anybody. Mayor Perciak No, but that s what we re trying to do is we re asking everybody to call. Mr. DeMio This is what I said, if you re going to call the schools, you should always call the Police as well. And it doesn t matter to us if we call both. We want both, we want both. So Mayor Perciak Absolutely. Mr. DeMio You know, I know you re doing extra looks at it, Chief, and doing the best you can and I really appreciate it and, Mayor, I want to thank you as well. And I shared with them that your door, Chief, has always been open, so you ll have plenty of parents there over the next couple of weeks. But thank you again. Mr. Coyne Mr. Haseley. Mr. Haseley Thank you. Yes, Mr. Coyne. Mr. Coyne I just want to share with the residents because of the efforts of Chief Goss and Deputy Chief Kobak an incident that happened a few weeks ago here in Strongsville, and the Mayor s very well aware of it. Received a call from State Representative Patton that he was contacted by an individual that reported a sexual offender living in a home with someone else on Westwood Drive. He was also informed, and that resident contacted me, that it was less than a thousand feet away from the Muraski Elementary School. I contacted Chief Goss, they immediately worked in conjunction with the Cuyahoga County Sheriff s Department and that individual was out of that residence within twenty four hours or less. And because of those efforts, and, again, it took somebody calling to say, Listen, this is what I ve heard, this is what I observed, and then Chief Goss and his department followed up on it and that individual is out of Strongsville. And, unfortunately, some of the laws do not hold that much weight as far as these individuals having rights, so you have to be very careful on the way you approach it. But because of Chief Goss and his department they approached it the right way and took an explosive issue out of that section of the community and out of that school district area and did a great job. And I wouldn t have brought it up, but this is the kind of good work these guys are doing and so, you know, the residents have to be aware of that, and it s because of his efforts and his department s efforts and the Administration s efforts and I m greatly appreciative of that, as were the residents on Westwood. So, my sincere thanks.

19 June 6, 2005 Page 19 Mr. Haseley Thank you. Anybody else? (No comments) SOUTHWEST GENERAL HEALTH CENTER Mr. Gallagher: Thank you, Mr. Haseley. I have to report we do have a new CEO at the hospital, it s City resident Ken Taylor, longtime City resident, and Ken s been at the hospital in the number two position there for about twenty years. And I d like to also thank the Mayor; when he came in we needed some leadership on our board to kind of smooth some things over, it was a long, tenuous process, a lot was put into the search and, thanks to the Mayor, we came to a satisfactory end, it was very political at times. But anyhow, Ken s a great guy and I m looking forward to great things with Mr. Taylor leading us at Southwest General. That s all we have. Mr. Haseley Thank you. Anybody have any questions for Mr. Gallagher? Mr. DeMio Great guy, great choice. Mr. Kaminski Absolutely. Mr. Haseley Echo that ten times. Mr. DeMio He really is. Not a bad golfer, by the way, for the record. Mr. Haseley Yeah, he manages to whip me every time we go. PUBLIC SERVICE Mr. Kaminski: Yes, Public Service met this evening, we had six ordinances to review and 109, 108 is for materials for road repairs in Service and 109 is for contracted road repairs, both suspension and adoption; is equipment for the sewer camera truck, is four new trucks and the plow equipment for the snow removal later this year, and 119 are both change orders for Route 82 widening, and those are also suspension and adoption. And that concludes my report. Mr. Haseley Thank you, Mr. Kaminski. Any questions for Mr. Kaminski? Mr. Roth Yes, Mr. Haseley. Mr. Haseley Mr. Roth. Mr. Roth I ll voice again that central Fair Road, Westwood, Whitney, Idlewood Trail and northern Priem are in really bad shape. I m going to be very frank and honest here if those five streets ran down the middle of a highly organized, highly unified homeowners association those street conditions wouldn t be tolerated, this room would be packed out, there would be a total outcry to fix those streets because they re worse than eastern Baghdad right now.

20 June 6, 2005 Page 20 Mr. Roth (cont d) - We re pouring a lot of concrete and we need to, but all these residents are asking for is a skim coat because they ve got Try it drive from the railroad tracks on Fair to Prospect, tell me what you think. Also, at 9412 Fair, that tree that s across the creek, yes, it s not blocking the creek, but when that public storm water system starts raging with just an inch or two rain and the water level comes up about four or five feet very quickly, suddenly that tree that crosses the stream is at water level and it will dam up that creek. So that needs attention. Also, at Prospect we need a street light there. They took one away, now you have a driveway emitting from where children are going in and out for the gymnastics center, we need the light back for safety reasons. Mayor Perciak Excuse me, Mr. President, Mr. Roth. Chief Goss, what about that light, do you remember what the deal was on that? Chief Goss No I don t, Mayor, I ll have to check. There was a light there and then it was removed; I ll have to check. Mayor Perciak Okay. Can you make sure that you get back to Councilman Roth on that so Mr. Roth Thank you, Mayor. Mayor Perciak - we can see what the story is there. Mr. Roth That s all I m asking for. That s it within this committee. Mr. Haseley Thank you. Any more for Mr. Kaminski? (No comments) RECREATION/SENIOR AND FAMILY PRESERVATION Mr. Coyne: Thank you, Mr. Haseley. The Recreation/Senior and Family Preservation Committee met this evening and we are recommending the approval of Ordinance , the purchase of cardiovascular fitness equipment for the Rec Center, and that s all I have this evening. If there s any questions, I d be more than happy to field them. Mr. Haseley Thank you, Mr. Coyne. Any questions for Mr. Coyne? (None)

21 June 6, 2005 Page 21 SCHOOL BOARD Mr. Roth: Thank you, Mr. Haseley. The last regular school board meeting Strongsville High School Jazz Band led by Mr. David Harbarg led off with a nice presentation. Then there was a lot of recognition of achievement winners. The first place regional winners for NASA s Student Involvement Program went to 6 th grader Divya Raj, Hilary Rizk, 6 th grader, and Mahima Venkatesh, 6 th grader. Ohio Middle School Association Student of the Year Award went to Jennifer Evans, Albion Middle School 8 th grader. Power of the Pen State Competition winners went to Bevin Blake, Rachel Hunt, Joanna Sullivan and Raquel Harrah, all 8 th graders. High School Advanced Placement Economics Team won awards in the National Competition John Dougherty, Greg Ebersole, Chris Godinsky and Elliott Lorenz, all 12 th graders, won awards. High School Ohio Math League Competition First in the country, second in the state Greg Ebersole, Jon Krause and Amit Misra, 12 th graders, all received first place awards in the math contest. And there were a couple more awards, the Outstanding Lifetime Achievement Award went to Janice Montgomery and, finally, Mr. John Bedford, You Made A Difference Award went to Mr. Bedford. That s all I have, Mr. Haseley. Mr. Haseley Thank you. Any questions for Mr. Roth? (None) UTILITIES, RAILROADS AND FRANCHISES Mr. DeMio: I have nothing before this committee, although the loud horn blower is back on the railroad tracks, that s all I can tell you. And I see Mr. Magocky shaking his head because he knows what I m talking So, we really don t. I know that I received a call today, Mayor, about DSL going deep in the industrial park, talked to Mr. Magocky and we don t know exactly what they re doing with the lines, but many of the -- well, I shouldn t say many a few of the companies have gotten dishes, so all those companies that requested high speed by line are now probably not going to need it, so Adelphia lost out, I really believe that. But, if you d allow Mr. Magocky to keep me updated, if you hear something I would appreciate it. Mayor Perciak Absolutely. Mr. DeMio That s it. Mr. Haseley Okay. Any questions for Mr. DeMio? Mr. Roth Yes, Mr. Haseley, within this committee. Early last week, I believe it was Tuesday, we re having, it s an ongoing problem, everyone s aware of it, for twenty five minutes we had a train go two miles, three miles an hour very, very slow, at rush hour, five o clock. Five to five twenty five, two major roads were blocked Prospect, Westwood and, well, three major roads Prospect, Westwood and Fair. Twenty five minutes for the train to clear.

22 June 6, 2005 Page 22 Mr. Roth (cont d) - You know, that s unacceptable for safety reasons. Let alone doing it from five to five twenty five. That s been an ongoing problem and needs to be addressed. Also, the traffic signalization piece of legislation on the docket for today, I m telling you right now, please put that out for public bid because a no bid contract for Traff-Pro, who, in my opinion, has done less than a desirable job, and, also, it was portrayed in 2002 and 2003, and the minutes of those meetings throughout those years reflected that with my conversations on the floor with Mayor Ehrnfelt and myself, that it was an entire project and we would go back and put the turning arrows back once they completed their project. Well, now they completed their project. So don t say now we owe them more bucks, don t say now there s a phase two, don t say now we want to use this company again without a public bid even being put out there, don t say now we re not even they don t have the data they need to finish. They had years to gather data and we paid them a huge, I believe it was $2.3 million, I believe. And I m telling you now, I really want to see that go out for bid, I really want that out for bids. That s all, Mr. Haseley. Mr. Haseley Anybody else have anything for Mr. DeMio? (No comments) RULES AND ORDINANCES Mr. Haseley: Council-As-A-Whole met this evening, we have one piece of legislation, Ordinance , recommendation is to suspend and adopt. Rules and Ordinances, I met with the Law Director this morning to go over tonight s agenda to assure that all the rules and ordinances are in legal compliance, I ll ask Mr. Kraus to verify that. Mr. Kraus Mr. President, all resolutions and ordinances are in proper legal form for this evening s agenda. Thank you. Mr. Haseley Thank you. REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS OF DEPARTMENTS AND OTHER OFFICERS: Mayor Perciak Thank you, Mr. President, a few short items. Safety Town I want to express my sincere thanks to the Strongsville Rotary and to all the many volunteers who helped in the development of our new Safety Town. Please, take a ride back there and take a look at it, it s really something to see. The ribbon cutting ceremony will be held this Friday, June 10 th, at 8 a.m., it s right next to the Ehrnfelt Rec Center. Our new Safety Town consists of twenty eight buildings, each being donated by a local business in the amount of $3,000 each.

23 June 6, 2005 Page 23 Mayor Perciak (cont d) Our Safety Town also features a 1200 square foot learning center. The Greater Cleveland Automobile Dealers Association donated $10,000 to place its name on a classroom in that building. We would also like to thank all of our local contractors who donated their time and material in excess of $35,000, which includes our own James Lumber Company and Home Depot. Also, a big thanks to George Love for donating all of the labor for the concrete. And a big thanks goes out to Mike Catan for purchasing two of those buildings. A special thank you to Mike Kalinich of Kalinich Fence Company for donating the vinyl fencing which surrounds the entire Safety Town project and for installing it free of charge. Again, a special thank you for the Strongsville Rotary and all of the Rotarians for helping this project come to fruition. Ladies and gentlemen, please, if you see the Rotarians or you have a chance to write them, please send them a note of thanks for all they ve done. This was a huge project and our children will benefit immensely from this. Item number two, the 8 th Annual Fireworks. The annual fireworks will be held on the athletic fields on Foltz Industrial Parkway Monday, July 4 th at dusk. We would like to thank the twenty six local businesses and individuals for their generosity in sponsoring the fireworks display. Again, we encourage you to come and enjoy the 4 th of July fireworks. As a note, our fireworks display is funded entirely by corporate and personal donations and not one cent of tax dollars is being spent for this display. Thank you, Mr. President. Mr. Haseley Thank you, Mayor. Any questions for the Mayor? (None) FINANCE DEPARTMENT Mr. Batke: Yes, thank you, Mr. Chairman. Funds will be made available for the ordinances and resolutions on this evening s agenda that are up for adoption. Thank you. Mr. Haseley Any questions for Mr. Batke? (None) LAW DEPARTMENT Mr. Kraus: Thank you, Mr. President, just to report on one litigation item. Late this afternoon the Law Department received word that Mr. Osaze filed a notice of appeal in the Court of Appeals in connection with the litigation that had been pending in Common Pleas Court in which the City of Strongsville had been dismissed based upon two summary judgment orders. The matter will now proceed in the Court of Appeals; the Law Department will work with our City s insurance defense counsel as we proceed to continue to defend the matter and now in the Court of Appeals we will of course continue to report to Council and the Mayor in connection with this matter. Thank you, Mr. President.