MINUTES OF THE REGULAR STRONGSVILLE COUNCIL MEETING HELD ON SEPTEMBER 5, 2006 IN THE COUNCIL CHAMBER

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1 MINUTES OF THE REGULAR STRONGSVILLE COUNCIL MEETING HELD ON SEPTEMBER 5, 2006 IN THE COUNCIL CHAMBER CALL TO ORDER: The meeting was called to order at 8:05 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: Council Representatives: Patrick J. Coyne, Joseph C. DeMio, James A. Kaminski, Raymond L. Haseley, Michael J. Gallagher, Mark A. Roth, III, and Michael J. Daymut. Also Present: Leslie J. Seefried, Clerk of Council. Administration: Thomas P. Perciak, Mayor; Kenneth A. Kraus, Law Director; Donald C. Batke, Finance Director; Joseph M. Walker, Service Director; Robert Moody, Chief of Fire; Charles Goss, Chief of Police; John Bedford, Communications and Technology Director; Ken Mikula, City Engineer; Anthony J. Biondillo, Building Commissioner; and Stephen F. Kilo, Recreation Director. *** Motion was made by Mr. Daymut and seconded by Mr. DeMio to amend the agenda by adding Ordinance No to the end of Agenda Item No. 11, Ordinances and Resolutions. All members present voted aye and the motion carried. Mr. DeMio Will we put that as the first ordinance on there? Mr. Haseley No, we will put it at the end of the meeting; that s what he said. Mr. DeMio Okay. I thought maybe out of respect for the folks that are here we could get it out of the way first. Mr. Daymut Thank you. It is a short agenda and hopefully by the time we get there, we should be within about three minutes. Mr. DeMio I hope so. Mr. Daymut Right? Mr. DeMio We ve seen it, we ve seen it before. ***

2 Held on September 5, 2006 Page 2 COMMENTS ON MINUTES: The Minutes of the Regular Council Meeting of July 17, 2006, the Special Council Meeting of July 21, 2006, and the Special Council Meeting of August 3, 2006 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 ON THE NORTHWEST CORNER OF PEARL ROAD AND STRONGSVILLE BOULEVARD (PPN ) IN THE CITY OF STRONGSVILLE FROM GB (GENERAL BUSINESS) CLASSIFICATION TO MS (MOTORIST SERVICES) CLASSIFICATION. (Scott Bagi, Owner; Tim Flury, Agent. Proposed Laser Car Wash) 1 st rdg: Unfavorable recommendation by Planning Commission nd rdg: Council President Haseley declared the Public Hearing on Ordinance No open and invited anyone wishing to speak IN FAVOR of the Ordinance to approach the microphone and address City Council at this time. Roger Riachi, Prospect Road, Strongsville, OH Good evening; thank you. My name is Roger Riachi; Prospect Road, Strongsville, Ohio This particular property we re talking about is the property that the Colony Motel used to sit on and I think everybody welcomed the day that that thing was torn down. For the past three years I ve been working with the owner of the property trying to develop it and trying to come up with something else to build on it. We talked about a small office building, we talked about a small restaurant; unfortunately, the size of the lot and the way the lot looks we could not put anything on it. We tried to talk to the neighbor next door if he was interested in purchasing and/or selling his property and he is not interested in that. So, during the course of the last couple years the owner met a developer, Mr. Scott Bagi, who came up with the idea of putting a car wash on the property. I understand there are a couple issues with the frontage as far as the zoning is concerned. Just a couple points to that: There are two other car washes in town that variances have been given to those car washes, one in the middle of town, one on the southern end of town, changing the frontage. The one in the middle of town has about an 85 foot frontage, the one on the southern end of town has about 105 foot of frontage. This property is about 105 or 108, somewhere around there. We pretty much had a meeting with the people that do live on the street, Councilman Roth was present at the meeting, and we had a very favorable response to the project. The VFW, who is the property behind where the car wash would be, is definitely for the project. As a matter of fact, there are a bunch of the guys here tonight and I believe that one of them is going to speak to it. Thank you.

3 Held on September 5, 2006 Page 3 PUBLIC HEARING: Ordinance No (cont d): Mr. Haseley Thank you, Mr. Riachi. I notice there are two, four, six, eight, ten people who are signed up to talk on this issue under Audience Participation. I would ask that you kind of elect one person as a spokesman, because you re all going to say the same thing, so. Bob Puchmajer, Revere Circle, Middleburg Heights, Ohio My name is Bob Puchmajer; I live at Revere Circle in Middleburg Heights, Ohio. I m the Quartermaster of VFW Post Number 3345 and I was elected because I got the emcee, so. What we re here to talk about and to show support for is Scott and his project. You know that we looked at this Colony Motel for well, we ve been in that location since 1961 and it s been there longer than that, and it was a blessing when Scott came by and showed us what he planned on doing with that. But an aside to that, one of the options that we talked about with Scott is he is willing to give us, or let us use part of the property behind the laser wash, if you folks give this a favorable approval on this, to put a first class veterans memorial in there, something that the City of Strongsville could be proud of, that you ll be able to bring your families to and maybe bring some visitors in and do some really nice things. We plan on using the local high schools, their graphic arts departments or their multimedia departments to help us design this thing and put a whole package together for first prize, second prize, and let them get involved with this thing. We re happy to be in Strongsville, we support the people in Strongsville, and we just want to stay here and let you folks know that we support Scott one hundred percent on this project. Thank you. Mr. Haseley Thank you. Mr. Roth Mr. Haseley. Mr. Haseley Yes. Mr. Roth I think I can jump in here, if you will let me, just to make a comment. Mr. Haseley Go ahead. Mr. Roth Are they done with the positive end of this? Mr. Haseley Well, I believe so, unless there s somebody other than a VFW member. Mr. Roth All right then, I d like to just make a quick comment. I called, like I usually do, I called a street caucus meeting with Strongsville Boulevard regarding this case because I always try to involve the residents who are directly affected early on in the process. The VFW was gracious enough to be the forum for this meeting because it was convenient and, plus, they make good coffee. But their location is right there next to the residents that I represent also, all the way down Strongsville Boulevard and in the Big Creek area. They asked a lot of good questions and they had a lot of concerns and we got some commitments, which we re thankful for. There s going to be buffering to the south and to the west. We re going to not have noise pollution at one, two and three in the morning with vacuums and loud dryers up against dense residential. No noise pollution. We re going to try to keep traffic off Strongsville Boulevard, route it off of Pearl and back on to Pearl.

4 Held on September 5, 2006 Page 4 PUBLIC HEARING: Ordinance No (cont d): Mr. Roth (cont d) And we re going to grant this piece for the memorial for the VFW. Those were the commitments and resolutions to some of the serious concerns that the residents in the area had. We got those commitments, I m just voicing this for my cohorts on Council, at that meeting. So, even though nobody was everybody was a little leery because there s a lot of car washes in the community, the owner and developer are committed to making this work and they re comfortable with it, and, with these commitments, the residents that I represent are comfortable with it. We re thankful that Strongsville Boulevard s thankful that we re not going to be looking at urine stained Colony Motel s mattresses anymore and we re thankful that the riff-raff and all of the things that were allowed to transpire for twenty years there, which I had to deal with, are gone. And so it was a positive outcome at that residents meeting. And that s all I have to say. Mr. Haseley All right, thank you, Mark. Council President Haseley invited anyone wishing to speak IN OPPOSITION to the Ordinance to approach the microphone at this time and address Council. No comments. Hearing no further comments in regard to Ordinance No , Council President Haseley declared the Public Hearing on said Ordinance closed. Mr. Haseley We will vote on this I still think it was at the end of the meeting; that was the motion. I do want to do one thing, I was asked to do this from Ed Loos; he had sent a copy everybody in June had received a copy of this, a letter, I just want to call attention to it and make it a part of the permanent record, which it will be. (A copy of a letter dated June 12, 2006 from Edwin H. Loos, Owner, Strongsville Laserwash, in opposition to Ordinance No is attached to the original transcript of these Minutes as a matter of record.) REPORTS OF COUNCIL COMMITTEES: BUILDING CODES AND CEMETERY Mr. Roth: Thank you, Mr. Haseley. First, Mayor, if you could just the residents on Fair, especially, are asking me just to voice this to you: If you would fire off a letter to the Ohio Turnpike Commission. You know, the residents and myself really appreciate you giving me the heads up on their actions to do construction again on third shift in the middle of the night, and the letter gave us a long litany of how they have the right to do that and everything else. But really, I want you to let them know that decibel levels above allowable by our law on the third shift will not be tolerated; it will be negative to the health of our residents and safety of our residents, but also it s clearly disturbing the peace. So yes, working third shift, but running jackhammers at one, two, three in the morning, I just want it clear to them that that s not going to be tolerated or accepted by the residents in Ward 3 for third shift. Thank you, Mayor. That s all I m asking, for a letter there, a communication to be fired off.

5 Held on September 5, 2006 Page 5 Mr. Roth (cont d) - At 9606 Brookstone Way, residents are just asking me to voice if we can do something to expedite the situation there. There have been orange barrels there, Mr. Walker, for awhile and they just want to see that project that s kind of longstanding just to be, you know, expedited to fruition there Priem, Mr. and Mrs. Keller. They re brand new residents to Strongsville. There s a long history to this home. Their neighbors are tickled pink by what they re doing to this home, they re transforming it for the positive. But a lot of longstanding problems there with flooding and whatever. They re brand new to this, they re unaware of a lot of the history there. Mr. Walker, if we can whatever we can do to assist them and advise them and give them a reasonable amount of time to rectify it and really put it in black and white what s wrong, what was told was wrong there, and maybe pinpoint what s wrong with our camera, would be great because they want to resolve this issue, it s been passed on from owner to owner there and they re making a very sincere effort to rectify this. Whatever we can do, please, can we just help them and assist them? Thank you. Mayor Perciak Mr. President, if I may. Mr. Haseley Mayor. Mayor Perciak Mr. Roth, I think we re talking about the same resident; there was some conversation today and I think Mr. Walker did have some conversation with the resident today or tried to reach the resident today. But we understand that that is We re going to do our very best to help whoever we can. Mr. Roth Thank you, thanks. Mr. Walker That s correct, Mayor. I spoke with Mrs. Keller shortly before the meeting and we have plans to try to go over there tomorrow with the camera and assist them and do whatever we can do for them. Mr. Roth Thank you, Mr. Walker. Mayor Perciak Thank you. Mr. Roth - Thank you, Mayor. Mayor Perciak That s a health and safety issue there. Mr. Roth Right. Mayor, thank you. Mr. Haseley Is that it, Mark? Mr. Roth Just wanted an update on and Strongsville Boulevard, Mr. Walker. They made a request regarding the culvert and if you could just update me at your convenience Jonathan, they just need some brief assistance from us, also, in locating the cleanout tee that s to be provided to every resident, by code; on Jonathan, Jonathan, Mr. and Mrs. Schneider, they need a little help there in locating the tee. And just would like an update on the Novak residence with a deep hole adjacent to Muraski.

6 Held on September 5, 2006 Page 6 Mr. Roth (cont d) - That s all, Mr. Haseley. Mr. Haseley Thank you, Mark. Any questions for Mark? (None) FINANCE Mr. Gallagher: Thank you, Mr. Haseley. Before Finance this evening we have three Resolutions: , recommendation is defeat; Resolutions and 150, both recommendations were suspension and adoption. And that s all before Finance. And I d like to there will be mention, I would imagine, in the Mayor s report about our bond rating being increased, and I just want to I d like to thank the Mayor, Mr. Batke, my committee and all those members of Council that made this a reality; I appreciate all the efforts and thank you very much. That s all I have. Mr. Haseley Thank you. Any questions for Mr. Gallagher? (None) INDUSTRIAL/COMMUNITY DEVELOPMENT Mr. Daymut: Thank you, Mr. Haseley. Industrial/Community Development did meet this evening; we have no ordinances or resolutions on this evening s agenda. I would like to give a brief report on our meeting of July 24 th. At that meeting we discussed our Business Network Breakfast meeting, which will be this month, Thursday, September 21 st, at 7 a.m. at the Recreation Center. I would like to thank Sparton/Astro Instrumentation for sponsoring that particular breakfast. At that breakfast, David Hockenbrocht, the CEO and President of Sparton, will address the attendees and Fran Migliorino, Governor s Regional Economic Development Representative from the State of Ohio, will discuss state financing and training programs. Again at our meeting on the 24 th, we discussed new businesses locating in Strongsville; our applying for a grant for the extension of Foltz Parkway for our land we own all the way to Boston Road; industrial survey, we will begin that process the end of September, beginning of October and go back to our industrial partners and survey them once again; discussed the job fair, Mr. Kaminski will be very active with that and we hope to have that in the spring, in place, with the time, location and the companies that will be involved. And finally, under miscellaneous business, we did discuss a need for a sidewalk along Progress Drive and Alameda. Our next meeting will be September 25 th at 7 p.m. here in Council Chambers. That s all I have, Mr. Haseley. Thank you very much. Mr. Haseley Thank you. Any questions for Mr. Daymut? (None) PLANNING, ZONING AND ENGINEERING Mr. Haseley: Planning, Zoning and Engineering met this evening with the following recommendations: Ordinances , recommendation is to suspend and adopt; Ordinance , recommendation is suspend and adopt; and Resolution , recommendation is to suspend and adopt. If there are any questions, I ll be glad to try to answer them. (No questions)

7 Held on September 5, 2006 Page 7 PUBLIC SAFETY Mr. Daymut: Thank you, Mr. Haseley. Public Safety did meet this evening and gave favorable recommendation to Ordinance and Ordinance , those are both grants that were acquired by the Fire Department, and we appreciate all the help from both our Chiefs applying for and obtaining as many grants as they do. Our next meeting will be Monday, September 11 th, at 6 p.m. here in Council Chambers. We hope to have the number for the ballot issue that will be on the November 7 th ballot for our new police facility at that particular meeting and we will report back to Council at our next meeting. That s all I have this evening, Mr. Haseley. Thank you very much. Mr. Haseley Thank you, Mr. Daymut. Any questions for Mr. Daymut? Mr. Roth Mr. Haseley. Mr. Haseley Yes, Mr. Roth. Mr. Roth Just one item within this committee. I just just put through, so there was no time to review this at all yet, but I just want to highlight a point on this; I asked for stop signs at South Churchill and Coopers Run in Westwood Farms and the reason why is the sudden shift and they asked for closer scrutiny and a little some amendments there and changes by adding a stop sign, is it s just been cut through to Westwood and traffic flow has increased and there have been some changes there in the environment and negative effects to children in the area and to the safety of the area. So I m just asking to add the stop sign there. I know you ve got to take a closer review of that. Mr. DeMio Mark, you and I had the same request, you should have been copied; if you haven t, I put it in as well. I explained to them about the warrants that need to be made over there, so if you do have Mr. Roth Right, yes. Mr. DeMio If you do have a meeting, just let me know. Mr. Roth Oh, I did voice to them that, but Mr. DeMio Okay. Just let me know, that s all. Mr. Roth - I m just trying yeah. Mr. DeMio It s no big deal. Mr. Roth Just trying to highlight to the Administration that there s been a change in the flow there in the environment because it s been cut through. Okay. That s all, Mr. Haseley. Mr. Haseley Thank you. SOUTHWEST GENERAL HEALTH CENTER Mr. Gallagher: Thank you, Mr. Haseley. There was no meeting last month; I ll be at the next regularly scheduled meeting.

8 Held on September 5, 2006 Page 8 Mr. Haseley Any questions for Mr. Gallagher? (None) Mr. Haseley I may have one or two at our next meeting. PUBLIC SERVICE Mr. Kaminski: Yes. Public Service met this evening and discussed Ordinance , which is a change order for Route 82 project; recommendation is suspension and adoption. And that completes my report. Mr. Haseley Thank you. Any questions for Mr. Kaminski? (None) RECREATION/SENIOR AND FAMILY PRESERVATION Mr. Coyne: Thank you, Mr. Haseley. Some items I d like to report are, as you know, the 9 th Annual Senior Olympics will be taking place September 11 th through September 22 nd. This showcases our senior citizens in a number of athletic and non-athletic events; it s really popular and well attended. And we would ask any member of Council that would like to participate in that program to certainly see Steve Kilo after the Council meeting; it s a wonderful, wonderful opportunity for you to support our seniors. The second item is a report that I believe the Mayor is going to have an opportunity to review in his mayoral report. I think that all of us on Council and the Administration and the citizens will be pleased at the progress we have made on a number of projects there, so we ll wait to hear that in the Mayor s report. Other than that, if there are any questions or concerns, I ll be more than happy to answer them at this time. Mayor Perciak Mr. President. Mr. Coyne, if you d like to report the letter that we sent off to Representative Patton, please. Mr. Coyne Oh, regarding the swimming pool? Mayor Perciak Yeah, that we applied. Mr. Coyne Yeah. One of the issues that has been longstanding is an outdoor swimming pool, there s a long history regarding that, and one of the issues that we requested in the upcoming state budget to Mr. Patton is to try to obtain some funds in order to build an outdoor municipal pool. Whether we ll be successful in that endeavor remains to be seen because money is tight down there, but those individuals who have been concerned we may not be doing enough regarding that issue, we re certainly going to try and hope that his persuasion and success in the past proves successful for us. Other than that Mr. DeMio I just have one question, Ray. Mr. Haseley Go ahead. Mr. DeMio Is Mr. Kilo going to allow Mr. Coyne to be at the Senior Olympics again and do the hundred yard dash, or is that not going to happen? I had to do it.

9 Held on September 5, 2006 Page 9 Mr. Coyne Yeah, I know. Mr. DeMio You can still beat me. Mr. Coyne Yeah, well Mr. Haseley Just remember, Joe, paybacks are double. Mr. DeMio I know. So is that a no or yes, Mr. Kilo? Is he allowed to Mr. Haseley Anybody have any legitimate questions? Mr. Coyne Well, I know I All I can say is I m almost there, so I ll be looking forward to that. Mr. Haseley Well, the only ones up here that could participate are Mr. Daymut and myself, so. Mr. Coyne Yes, I m closing in. Mr. Gallagher Mr. Haseley. Mr. Haseley Yes. Mr. Gallagher I was at the Bowling Green-Wisconsin football game at Cleveland Stadium Saturday and I bought my wife a beer and I was carded. So, I won t be able to make it. Mr. DeMio Yeah, but it s fifty and over gets carded, so you re close. Mr. Gallagher I was carded. Mr. DeMio I m there, baby. Mr. Kaminski They asked you for your Buckeye Card. Mr. DeMio That s right. Mr. Gallagher That was good. Mr. Haseley - Very good, Jim. Mr. DeMio And the hearing s going, too. Hey, for those folks in the audience, we were not drinking tonight, we just we re really having a good time and everyone s getting along, and that s due to the month break, huh Ray? Mr. Haseley That s right. Mr. Gallagher That was good, Jim.

10 Held on September 5, 2006 Page 10 SCHOOL BOARD Mr. Roth: Thank you, Mr. Haseley. School Board: There was a brand new dramatically upgraded playground dedicated behind Surrarrer Elementary School; a lot of people, a lot of children, a lot of students, a lot of parents and the school administration, everyone came together to make that a reality and it s a tremendous upgrade behind Surrarrer Elementary. Also, I asked for a review of the pickup points and locations of the high school bus for Howe Road in the mornings, whatever can be done to adjust and amend that; it s been a problem point, as most of the councilmen know, so I asked them to take a close scrutiny to that to try to make it a better situation. And there was a whole host of human resource items for consideration that night. And that s all, Mr. Haseley. Mr. Haseley Okay, fine. Anybody have anything for Mr. Roth? Mr. Gallagher Mr. Haseley. Mr. Haseley Yes. Mr. Gallagher Regarding that playground, Kelly Thompson, who is actually a pretty good friend of mine, just went door to door knocking; they had fundraisers, and she really raised a heck of a lot of money, and that was her mission and she got it accomplished. And we want to certainly recognize Kelly for all her work there, it was a team thing, but she really led the charge and she s a great gal. Mr. Haseley Good. UTILITIES, RAILROADS AND FRANCHISES Mr. DeMio: Thank you. Briefly, I know everyone has read the paper and knows what s been going on, but because I worked with this gentleman, I would ask for a moment of silence for Jonathan Schroeder, the police officer who lost his life in the line of duty. I had an opportunity to go to his wake today and it was very well received by folks; it was a very unfortunate incident. If you d allow us to do that, Ray? Mr. Haseley Absolutely. (A moment of silence was observed by the assembly in honor of Cleveland police officer, Detective Jonathan A.J. Schroeder, who lost his life on August 30, 2006 in the line of duty.) Mr. Haseley Thank you, Joe. Mr. DeMio Thank you. His memory of all he d done in our court will never be fulfilled again, I want to tell you. And every time I talked about him, I tell you, he had the greatest smile, this guy; one of the greatest officers ever, and I mean that wholeheartedly.

11 Held on September 5, 2006 Page 11 Mr. DeMio (cont d) - But, unfortunately, we do have to get back to business here. I have asked our Clerk of Council to send out a letter to Mr. Hogan, our CEI Rep, for the next meeting, which is two weeks from yesterday, Labor Day, regarding the Ledgewood blackout. I know it exceeded fifteen hours during the Labor Day weekend, which, we talked in back, is not acceptable. I would ask Mr. Kane, who has much of the support of Ledgewood community, to participate in that meeting as well. So, Leslie, if you don t mind sending him a copy of the letter, I ll get you the address if you don t have it on file. Mayor, if you wouldn t mind signing that letter with me, those will often go to their board, that we would like to have an answer to that community. But that fulfills my committee report. If I have any questions, I certainly will field them. Mr. Haseley Thank you. Any questions for Mr. DeMio? Mr. Roth Mr. Haseley. Mr. Haseley Yes, Mr. Roth. Mr. Roth Just would like to add to the point on the Illuminating Company. There s been numerous brief outages over in Ward 3; numerous. I mean, there were six this week. Mr. DeMio How about this, why don t we do this: If anyone would give Leslie, by, let s say, four o clock, or the end of the day tomorrow, to give her the list of streets, she can certainly attach that to my letter and then we can address it with Mr. Hogan that night. Ray is going to allow us to start before the caucus meeting, so if you could have that for Mr. Hogan ahead of time he can come with prepared printouts. Mr. Roth Fine. But, really, it s such a widespread, blatant Mr. DeMio Okay. Mr. Kaminski Yeah. And we had it in Ward 2, Mark; I m not sure what Mr. Roth Yeah. He should My point is, he should be aware of it already. Mr. DeMio He could be. But, in fairness to him, if you ve got a hot spot, he d like to hear about it. Mr. Roth Yeah. Fine, I have no problem doing that. Mr. DeMio Thank you. Mr. Haseley Anybody else for Mr. DeMio? (No comments) RULES AND ORDINANCES Mr. Haseley: I met with the Law Director this morning to make sure that ordinances and resolutions are in proper legal form, and I would ask him to verify that.

12 Held on September 5, 2006 Page 12 Mr. Kraus I can so confirm, Mr. President. Mr. Haseley Thank you. REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS OF DEPARTMENTS AND OTHER OFFICERS: Mayor Perciak Thank you, Mr. President. Several items this evening. First of all, on Sunday here in Strongsville the Kiwanis is sponsoring our Annual 9/11 Commemoration here in the Town Square, and that will take place at 7 p.m. and it should run for about a half hour. Also at that time, there will be our Police Honor Guard, our Fire Honor Guard, there will be remarks by our Police Chief, Charles Goss, by our Fire Chief, Bob Moody, and at the end we re also going to invite all those present, all the residents and if you can t make that, I wish you would at least come and visit our police station, our fire station, it ll be open, there will be an open house here, come visit and talk with our two chiefs, with some of our officers, some of our patrolmen, some of our firefighter/paramedics, come view our new mobile command unit, some of our new equipment at the fire station to see the readiness we have here available for the residents of Strongsville. But more importantly on that day when you come, we ask you to remember those who died on September 11 th and we ask for your prayers that day for their families so that they will never be forgotten. The next thing I would like to talk about this evening is that Finance Director, Don Batke, and myself traveled to Chicago on August 10 th and made a presentation before Moody s about our bond rating. Our purpose for making the trip was, as most of you know, we are building a brand new headquarters fire station and we needed to float some bonds in order to finance that. Well, after our presentation, which went very, very well, within a week we heard from Moody s and they have awarded us a bond rating of AA1. And this would not be possible without the cooperation of the Council and without the help of everyone up here; this truly was an effort that we achieved together. But make no mistake about it, there are always conditions when you receive a bond upgrade and we still have to continue to meet that criteria and continue to keep on hand the necessary cash balances as required by Moody s to maintain our rating. As most of you know, earlier on in 2001, 02 and 03, we certainly, certainly were in no position to ask for an increase in bond rating; we were fortunate enough at that time to maintain our bond rating. So we ve come a long way in a short period of time and I just want to say thank you to everybody up here because it s because of the collective effort of the council people who voted with me who voted for the changes that we had to make. And I d like to especially thank the Finance Director for putting together the program and for making us aware of all the changes we had to make in order to get us to that point. And it s the residents at home who will benefit from this. As a result of this increase in the bond rating, we were able to float our bonds, and in this day and age to go out there, to float our bonds with all costs included and have a yield of percent for a twenty year period says a lot about the City of Strongsville, its Administration. And we are no longer reacting to situations, we are proactive. So, again, I think that s extremely important and I d like to thank Councilman Gallagher, who chairs the Finance Committee, for taking the bull by the horns and for doing all the things necessary, and for all the council people who stepped up and helped because, believe me, this was a collective effort.

13 Held on September 5, 2006 Page 13 Mayor Perciak (cont d) The next thing I d like to report to everyone on is everything as the Chair of the Recreation Committee, Pat Coyne, indicated, there are a lot of things that have been going on at the Rec Center. Over the past several weeks the Center staff, as you can see, have been installing more than forty new pieces of cardio and resistance training equipment, installed 4,944 square feet of new carpet in the children s room, the Senior Center and in the fitness areas, and 16 new state of the art flat screen televisions, and the cleaning and the re-grouting of over 12,000 square feet of tile. And this is all being done by our own staff there. And, as most of you know, the Event Center, which we use for so many of our public events, is also to receive a further facelift this fall with the installation of new wall covering, some new tables and, yes, some new chairs even. So we re moving along over there and I d like to thank Mr. Kilo and I especially would like to thank our Law Director for going out there and helping us with the painting of all of the beams that were prematurely rusting. The cost for that was in excess of $140,000 and our Law Director was able to go back to the original installers and the people who were involved in this and we were able to recover 92 percent of the cost of this, so, on behalf of all of us, Ken, we d like to say thank you; I know Pat wants to say thank you, this is his committee. And everyone listening at home, we will have the pool open for operation on Monday, September 18, It is incredible for all the work that has been done in this short period of time, and I continue to ask the residents and the members to please be patient with us, but it will be ready and be ready for use and I think you ll enjoy the facility and when you come back in you ll see how fresh and how new and it s really a state of the art facility, which we are extremely proud of. So I want to thank everybody for being patient with us. Steve, I want to thank you and thank your staff, you know, Chuck and all of our maintenance crew, for everything that they ve done there because it s really beginning to look ship shape and the floors, the walls, I mean, you name it, even the restrooms were painted and upgraded, so it s nice to see. The next thing: Our IT Director informs me that the new phones will also be installed soon here at the Police Station and in the Mayor s Court and that will be taking place, when, Mr. Bedford? Mr. Bedford Middle of the month. Mayor Perciak About the middle of the month, so we ll advise you on the government station and on the web page as to when all that will be taking place, but you will have constant contact with the Police Department. Next, I would also like to announce that the City Club s Annual Breakfast on the Bridge will be held Sunday, September 17 th, beginning at 7:30 in the morning and I m sure you can talk to Chief Goss, he ll be happy to arrange tickets for you. But it s a great event; about a thousand people attend every year. So that will be Sunday, September 17 th. And lastly, I d like to thank Doug Hogan from the Illuminating Company, CEI, because, as most of you know, we just installed a brand new generator at the Rec Center and Senior Center. Of course, in a time of emergency this generator will keep that whole place going and without the cooperation of Doug Hogan from CEI, we could not have got that thing on line in the short period of time we did. So sometimes we re unhappy with what CEI does, but this time I d like to publicly thank him for working with us so that we can have that very important piece of equipment.

14 Held on September 5, 2006 Page 14 Mayor Perciak (cont d) - By the way, that was a result of our replacement levy in the Fire Department and that piece of equipment cost in excess of $350,000 but we will all have a place to come in the event of a catastrophe here in the City, along with the other four existing fire houses where we will have a capacity and once the new by the way, the new they broke ground, the basement s been dug, the retention basin s been dug for our new headquarters fire station, so we keep moving along there and we hope to be in our new home there next year at this time. That s the end of my report. (Timer sounds) Mr. Haseley You just made it. Very good. All right, are there any questions for I didn t want to really have to go there. Any questions for the Mayor? (None) FINANCE DEPARTMENT Mr. Batke: Yes, thank you; thank you, Mr. Chairman. Funds will be made available on this evening s agenda for all of the resolutions and ordinances requiring certification of funding and up for adoption. Thank you. Mr. Haseley Thank you. Any questions for Mr. Batke? (None) LAW DEPARTMENT Mr. Kraus: Yes, Mr. President. During the recess in August a number of items came up with respect to pending litigation; I d like to report those. In the records matter, which is Vavrina vs. Goss, pending in the Common Pleas Court, the City of Strongsville Law Department filed a motion to dismiss the complaint. That matter has been briefed by both sides and we re awaiting a decision of the court with respect to that motion. In the Szentpetery litigation involving a rezoning issue, the Common Pleas Court held a case management conference this afternoon during which the court ordered that the trial be continued until November 20 th of this year. During the recess the City was named as a party in litigation known as Lewansky Development Company and Lowe s against Home Depot and other parties. This relates to the legality of the possible extension of a ring road related to the Renaissance Park project at the north end of the City. The Law Department has met with Mayor Perciak in connection with this matter and we will be filing an appropriate response of pleading in the court and, of course, we ll keep Council and the Mayor advised of further developments. I would also like to report that in response to a request that we receive annually by the Ohio Department of Liquor Control regarding renewal of all the liquor permits in the City of Strongsville that the Police Department has carefully reviewed and scrutinized all of the liquor permits within the City and has submitted a memorandum basically indicating that there are no objections to renewal of any of those particular liquor permits. The deadline for this will be October 1 st, so there will be no objections that will be forwarded or transmitted down to Columbus in connection with those matters.

15 Held on September 5, 2006 Page 15 Mr. Kraus (cont d) And, finally, I d like to report that the Law Department and the Mayor s Office have received a communication from the Common Pleas Court regarding some changes in connection with the procedures regarding foreclosure cases on properties which are heard by Common Pleas Court. Hopefully, these will expedite the processing and hearing of those cases; they will also afford the City an opportunity through its Law Department and through its Building Department to file an affidavit with the Common Pleas Court whenever we discover that a pending foreclosure case involves a vacant or abandoned property, and then, presumably, they will expedite the procedures with respect to those cases, which will hopefully speed up the process and result in a better opportunity for the City to preserve the public peace and health in connection with those properties. That completes my report, Mr. President. Mr. Haseley Thank you, Mr. Kraus. Any questions for Mr. Kraus? (None) AUDIENCE PARTICIPATION: Sandy Lopatka, Prospect Road, Strongsville Good evening. I live at Prospect Road and this evening I am here as a member of the CERT Team, which is the Citizens Emergency Response Team, and I am the Education and Training Coordinator for the Team. We d like to invite each and every Council member and representative here of the City to join and volunteer for the next class that s going to be resuming on September 20 th, and those are eight consecutive classes of about two to three hours apiece and they run on the first Wednesdays of the month. And join those meetings, you re going to learn skills from first aid and CPR, light search and rescue and, in general, being of assistance to the Fire and Police Departments however we can during different situations. The skills that you re going to take away from those classes are going to help you first and foremost with your family, then with your neighbors and then with the community. So we d like to see as much participation as we can get from not only the Council, but also members of the community with this next class that s coming up. We have been in touch with other cities in the vicinity, such as North Royalton, Independence and Seven Hills, and they ve had a wonderful response and participation from their city councils and we hope to do the same here. So if any of you would like to participate or if there is anybody at home who would like to volunteer, if they could contact the Fire Department at and they ll be put in touch with the coordinator for the CERT Team. Thank you. Mr. Haseley Thank you, Sandy. Is there anybody else that hasn t signed in that wants to address City Council? Bill Vassil, Fox Hollow Drive, Strongsville Bill Vassil, Fox Hollow Drive. I have three quick ones for you. It was wonderful yesterday morning going down 82 with no traffic light. I mean, save gas money right there, you know? That was good. Webster and Whitney. Webster was just paved Oh, Whitney was just paved; beautiful job. All they had to do was go fifteen feet or ten feet beyond on each side on Whitney and we wouldn t have this. And it s bumpy, trust me.

16 Held on September 5, 2006 Page 16 Bill Vassil (cont d) - And we get somebody that s going too fast and doesn t want to stop and something s going to happen. It needs to be resurfaced that far out from the amount of traffic that I cut through there all the time, that s why I know. And, getting back to the traffic lights. These traffic lights in the City of Strongsville suck. Excuse my language. They sit at Shurmer, no cars, light doesn t change. Sit there for a long time. Shurmer and Howe Road, same thing, you don t see a car coming and the traffic light won t change whether you hit the bars or not. I think the guy that did the traffic study needs to go back to school, trust me. Mr. Haseley Thank your federal government. Bill Vassil Pardon? Mr. Haseley Thank your federal government. Bill Vassil Not my federal government. Mr. Haseley Thanks, Mr. Vassil. Is there anybody else in the audience? (No comments) ORDINANCES AND RESOLUTIONS: Resolution No by Mr. Gallagher. A RESOLUTION TO CONFIRM AND RATIFY ACCEPTANCE BY THE DIRECTOR OF FINANCE OF THE CITY OF STRONGSVILLE, OHIO OF PAYMENT OF CERTAIN INSTALLMENTS OF SPECIAL ASSESSMENTS, AND DECLARING AN EMERGENCY. 1 st rdg: nd rdg: Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All nays. Motion fails. Resolution No DEFEATED. Resolution No by Mr. Gallagher. A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE OF THE CITY TO CERTIFY TO THE AUDITOR OF CUYAHOGA COUNTY UNPAID SEWERAGE RENTAL CHARGES FOR LEVY AND COLLECTION ACCORDING TO LAW, AND DECLARING AN EMERGENCY. 1 st rdg: nd rdg: Motion by Mr. Daymut to amend the Resolution by adding Exhibit A, second by Mr. DeMio. All members present voted aye and the motion carried. Motion by Mr. Daymut to adopt as amended, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Resolution No ADOPTED.

17 Held on September 5, 2006 Page 17 Resolution No by Mr. Gallagher. A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE OF THE CITY TO CERTIFY TO THE AUDITOR OF CUYAHOGA COUNTY UNPAID PROPERTY MAINTENANCE NUISANCE ABATEMENTS FOR LEVY AND COLLECTION ACCORDING TO LAW, AND DECLARING AN EMERGENCY. 1 st rdg: nd rdg: Motion by Mr. Daymut to amend the Resolution by adding Exhibit A, second by Mr. DeMio. All members present voted aye and the motion carried. Motion by Mr. Daymut to adopt as amended, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Resolution No ADOPTED. Ordinance No by Mayor Perciak and Mr. Haseley. AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT A GRANT OF EASEMENT FROM SOUTH HIGH GROUP FOR THE PURPOSES OF CONSTRUCTING, RECONSTRUCTING, MAINTAINING, OPERATING AND REPAIRING A STORM SEWER SYSTEM AND APPURTENANCES IN CONNECTION WITH CASTLEWOOD SUBDIVISION, AND DECLARING AN EMERGENCY. 1 st rdg: Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days; second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut; second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No ADOPTED. Ordinance No by Mayor Perciak and Mr. Haseley. AN ORDINANCE EXTINGUISHING AND VACATING A STORM SEWER EASEMENT ON SUBLOT 43 IN PINE LAKES VILLAGE SUBDIVISION PHASE 6C, ACCEPTING A NEW STORM SEWER EASEMENT ON SUBLOT NO. 26 (PPN ) IN PINE LAKES VILLAGE SUBDIVISION PHASE 6B IN THE CITY OF STRONGSVILLE, AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days; second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut; second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No ADOPTED.

18 Held on September 5, 2006 Page 18 Resolution No by Mayor Perciak and Mr. Haseley. A RESOLUTION APPROVING AN EXTENSION OF TIME FOR PLANNING COMMISSION TO SUBMIT ITS REPORT AND RECOMMENDATION ON ORDINANCE NO , AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days; second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut; second by Mr. DeMio. Roll Call: All ayes. Motion carries. Resolution No ADOPTED. Ordinance No by Mayor Perciak and Mr. Daymut. AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT AND RATIFY ACCEPTANCE OF A GRANT AWARD FROM THE BOARD OF CUYAHOGA COUNTY COMMISSIONERS UNDER THE FISCAL YEAR 2004 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM FOR A PORTABLE GENERATOR AND FLOOD LIGHTING TRIPODS FOR USE BY THE CITY S FIRE DEPARTMENT, AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days; second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut; second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No ADOPTED. Ordinance No by Mayor Perciak and Mr. Daymut. AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CUYAHOGA COUNTY BOARD OF COMMISSIONERS FOR REIMBURSEMENT OF EXPENSES FOR DISASTER TECHNICAL SEARCH SPECIALIST TRAINING FOR STRONGSVILLE FIRE DEPARTMENT PERSONNEL, IN CONNECTION WITH THE FISCAL YEAR 2005 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM, AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days; second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut; second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No ADOPTED.

19 Held on September 5, 2006 Page 19 Ordinance No by Mayor Perciak. AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ISSUE AND APPROVE CHANGE ORDER NO. 7, FINAL CHANGE ORDER, FOR AN INCREASE IN THE CONTRACT PRICE IN ACCORDANCE WITH THE PROVISIONS OF THE CONTRACT BETWEEN THE CITY OF STRONGSVILLE AND GREAT LAKES CONSTRUCTION CO., IN CONNECTION WITH THE WIDENING AND RECONSTRUCTION OF ROYALTON ROAD (SR 82) FROM I-71 TO WEST 130 TH STREET (LOR/CUY /4.23) (PID S 9222 AND 5557 AND ECDD ), AND DECLARING AN EMERGENCY. Motion by Mr. Daymut to suspend the rules requiring every ordinance or resolution to be read on three different days; second by Mr. DeMio. All members present voted aye and the motion carried. Motion for adoption by Mr. Daymut; second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No ADOPTED. Ordinance No by Mayor Perciak. AN ORDINANCE AMENDING EXISTING SECTIONS , , , , , , , , AND ; REPEALING SECTIONS , , , , , , AND ; ENACTING A NEW SECTION ; AND RENUMBERING CERTAIN SECTIONS OF CHAPTER 1454 OF TITLE SIX OF PART FOURTEEN OF THE CODIFIED ORDINANCES OF THE CITY OF STRONGSVILLE CONCERNING MOTELS AND HOTELS. First reading. Referred to Board of Building Standards. Ordinance No by Mayor Perciak and Mr. Haseley. 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 ON THE NORTHWEST CORNER OF PEARL ROAD AND STRONGSVILLE BOULEVARD (PPN ) IN THE CITY OF STRONGSVILLE FROM GB (GENERAL BUSINESS) CLASSIFICATION TO MS (MOTORIST SERVICES) CLASSIFICATION. (Scott Bagi, Owner; Tim Flury, Agent. Proposed Laser Car Wash) 1st rdg: Unfavorable recommendation by Planning Commission nd rdg: Motion for adoption by Mr. Daymut, second by Mr. DeMio. Roll Call: All ayes. Motion carries. Ordinance No ADOPTED. Mr. DeMio You guys can breathe now. Mr. Haseley Not yet.

20 Held on September 5, 2006 Page 20 Mr. DeMio You re waiting for (unintelligible). COMMUNICATIONS, PETITIONS AND CLAIMS: Application for Liquor Permit TRFO D5, D6 To: CRG Tavern, Inc., Pearl Road, Strongsville, Ohio From: Cario, Inc., Pearl Road, Strongsville, Ohio (Responses must be postmarked no later than 09/28/2006.*) *Extension of time granted by Division of Liquor Control on 08/11/2006. Mr. Haseley We have reports from the Police Department and the Building Department to the effect that there would be no objections to this, so that s what it will be. MISCELLANEOUS BUSINESS: Mr. Gallagher Mr. Haseley. Mr. Haseley Yes. Mr. Gallagher Thursday night, national television, Strongsville-Glenville. And we all miss the ball teams trying to (unintelligible) on the field (unintelligible) in that many years, so Mr. Kaminski Supposed to be a lot of people there. Mr. Gallagher - either see you there or see you on ESPN. Mr. DeMio Mike, (unintelligible) start practicing softball (unintelligible). Mr. Gallagher Mr. Haseley, we can go there. Mr. Haseley It s not going to help. Mr. Daymut I don t want to hear it. Mr. Kaminski Either that or we ll hire a new manager.

21 Held on September 5, 2006 Page 21 Mr. Haseley Just on a sad note, I want to call attention to while we were on vacation, so to speak, we lost another member of our community that has donated his time and money to so many events, and that s Paul Stradtman. I would ask for a minute of silence for Paul. (A moment of silence was observed by the assembly in honor of Paul A. Stradtman, who passed away on August 23, 2006.) Mr. Haseley Thank you. ADJOURNMENT: There being no further business to come before this Council, the meeting was declared adjourned by Council President Haseley at 9:05 p.m. /s/ Leslie J. Seefried Leslie J. Seefried, CMC Clerk of Council Approved:

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