COUNCIL MINUTES OCTOBER 6. 1997 A Council Meeting ......1997/10/06 · I have just done what I have to do for the grant. Director DiNero - We will begin leaf pick-up the week of the

COUNCIL MINUTES OCTOBER 6. 1997

A Council Meeting was held on Monday, October 6, 1997 at 7 PM in the Euclid City Hall Council Chamber. President Cervenik presided.

Members Present: Dallos, K. Farrell, Flowers came in late. Holzheimer Gail, Korosec. McGarry, Miller, Vadnal came in late, Cervenik.

Others Present: Mayor Oyaski, Law Director LeBarron, CS&ED Director Koran, Finance Director Balazs, Service Director DiNero, Police Chief Baumgart, Fire Chief Dworning, Administrative Director Johnson, Commissioner Hayes, Housing Manager Tollerup. Mrs. DeAngelis, Clerk of Council Cahill, Sgt.-at-Arms Stankus.

Council Minutes Councilwoman Miller moved to receive and approve the Council Minutes of September 15, 1997. Councilwoman McGarry seconded. Yeas: Unanimous.

Communications Councilman Korosec moved to receive and approve without objection a transfer of a C2, C2X liquor permit from Euclid Ohio Beverage, 635 E. 200 St., to Kaldan, Inc., DBA Euclid Ohio Beverage. Councilwoman Miller seconded. Yeas: Unanimous

Councilwoman Holzheimer Gail moved to receive and approve without objection a request for a new C1, C2 liquor permit to James Santorelli, DBA Lakeshore Beverage & Deli, 21932 Lake Shore Blvd. Councilman Korosec seconded. Yeas: Unanimous.

Council has received the following communications: A memo from Mayor Oyaski regarding the proposed revision of E. 250 St. lane markings. A letter from Cablevision notifiying Council of a transfer of control. From Director LeBarron, the Safe Haven Coordinator Proposal. A memo from Housing Manager Tollerup regarding School Tax Levy Complaints Letters from State Senator Sheerer & State Representative Jerse regarding Senate Bill 72. A letter from the Port of Cleveland explaining Issue 3 on the November ballot. A memo from Director LeBarron regarding Juvenile Diversion Program. From Mrs. Taylor and Mrs. White, concerns regarding Euclid Villa apartments. A letter regarding low-level radioactive waste from the Midwest Compact. From Director Koran, the Euclid Community Concern September report. From Director LeBarron, a summary of legislation on tonight's agenda. A memo from Mayor Oyaski regarding the Safety Committee Meeting of 10-8-97.

Administration Reaorts & Communications Mayor Oyaski - Happy Birthday Mr. Chairman. I would ask the Police Chief to make a brief report on a grant.

Chief Baumgart - The proper requirement of this grant is to have a public notice explaining our intent of our grant. We have received a local law enforcement block grant. The award is $15,252 and our match is $1,525.30. To bring the grand total to $16,778.30. The funds will be used to purchase a Smart trailer, which will cost about $1 2,000. We saw one out here several years ago, we had one out in front of the Police Station. The remaining funds will be used to purchase video surveillance equipment for the Detective Bureau. It should be noted these funds are tax dollars that are returned to the City of Euclid that are to be used for Law Enforcement programs. Last year we were awarded the sum of $25,684, which was used for overtime for the Department's Community Policing and Crime Prevention efforts. I have just done what I have to do for the grant.

Director DiNero - We will begin leaf pick-up the week of the 13. It will be on the day of our solid waste collection. Since Monday is a holiday, Columbus Day, which will be in the Ward 4 section is normally on Monday. We will be starting with them on Tuesday, and work right into the schedule. October 13 will start leaf-pick up.

Mayor Oyaski and Director Koran presented Mr. Molinaro with Res. 188-1997 and Mr. Gordon with Res. 189- 1997, for their volunteer hours at the Knuth Senior Center.

Mayor Oyaski presented Mr. Tanner, Director of the Euclid Hunger Center, with a donation of wedding revenue in the amount of $650.

Reoorts & Communications Councilwoman Miller moved to receive and approve the C.E. Orr Arena Summer 1997 Report; Police Report of August, 1997; Fire Report of September, 1997; Housing Improvement Minutes of 9/22/97; Shade Tree Commission Minutes of 3/3/97; Recreation Commission Minutes of 6/24/97: Planning & Zoning Minutes of 8;19/97; Board of Control Minutes for 911 5/97 & 9/22/97. Councilwoman Holzheimer Gail seconded. Yeas: Unanimous.

Lot Solit Councilman Dallos moved to table the lot split for Ajax Manufacturing, 1441 Chardon Road until the first meeting in December. Councilman Farrell seconded. Roll Call: Yeas: Dallos. K. Farrell, Flowers, Holzheimer Gail, Korosec. McGarry, Miller, Cervenik Tabled.

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Director LeBarron - Councilman Dallos, would you reconsider your tabling date. The new term of Council begins in December.

Councilinan Dallos - Sure, the second meeting in November.

President Cervenik - The second meeting in November we will entertain the Ajax Manufacturing lot split.

COMMITTEE OF THE WHOLE Councilman Dallos moved t o go into the Committee of the Whole for Legislative Matters Only. Councilman Farrell seconded. Yeas: Unanimous.

President Cervenik - ltem # I is a Public Hearing. We will discuss that separately. ltem #2 is a first reading. i believe it is Council's intention t o suspend that reading and have a public hearing of its own.

Dorothy Fike - 20271 Delaware Rd. # I I and #13. I t is on the codified ordinances, amending 1703. Is that for rental or all residences that they can have entry upon proper identification, t o come in and inspect?

Mr. Tollerup - We would utilize that is most cases for rental property. I t can be used by the Housing Manager or the Building Commissioner in instances where a building may have suffered severe damage or has come t o the point where it looks from the exterior that there's a problem that could affect the health, safety and welfare of the inhabitants. That would allow the Housing Manager or the Building Commissioner t o go inside and take a look.

Mrs. Fike - I t is not going to be a general practice for all?

Mr. Tollerup - No I've never had t o use it in 4 years.

Mrs. Fike - #13. 1 would like to know the impact t o the city i f this should pass? That's repealing part of the income tax.

Gentleman - Mr. President, you just stated, if I understood correctly, that ltem #2 will be read at a later date?

President Cervenik - Normally on a Use District Exception we have three readings. I t is discussed at a public hearing on the third night. Council can, and in this instance I'm going t o ask them to, t o act on this tonight. We do have some deadlines wi th the lease that is contained in this process.

Councilman Flowers moved t o rise and report. Councilman Farrell seconded. Yeas: Unanimous. LEGISLATION

Ord. 191-1997 (478-971 Rezonina Euclid Ave. & Babbitt Rd. Western Auto An ordinance rezoning a parcel at 25531 Euclid Ave. (P.P.# 647-34-014 & 647-34-015) from U-2 (Two family) use t o U-4 (Commercial) use district and further amending Ordinance No. 2812. (Sponsored by the Planning & Zoning Commission)

Councilman Dallos moved for passage, Councilman Korosec seconded.

Director Koran - Before the meeting I past out the site plan which shows the proposed Parts America, which is going t o be built on Euclid Avenue i f Council approves this rezoning. This is a housekeeping measure. You may recall that Armao's Restaurant burned down a couple of years ago. The parcel that the restaurant sat on and the parking lot t o the rear is going t o be redeveloped by Parts America, more specifically Western Auto. This rezoning will permit that development to occur. If you look at the site plan, you will see they plan on building an 8,000 sq. ft. facility. Mr. James Broyles, from Sears, Roebuck, Inc., is in the audience i f the Council has any specification questions about this project which will be over a $500,000 development on Euclid Avenue.

Councilman Farrell - This is good news. I want t o thank the Administration and Kory , in particular, for pursuing businesses like this for Euclid Avenue. This is another step in the revitalization of Euclid Ave.

Councilman Flowers - What exactly is Parts America?

Director Koran - It is auto parts. This is going t o be Western Auto, they sell auto parts, new auto parts. I t is affiliated wi th Sears, Roebuck, Inc.

Councilman Flowers - Do you have any idea of the number of employees it will bring in?

Director Koran - Mr. Broyles is in the audience. He could answer that better.

Mr. Broyles - We have 12-1 5 employees.

President Cervenik - Is there anyone else from the general public that wishes t o speak on this matter this evening? I t is a public hearing. I see none.

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Councilman Dallos moved t o close debate, Councilman Farrell seconded. Yeas: Unanimous.

Roll Call: Yeas: Dallos, Farrell, Flowers, Holzheimer Gail, Korosec, McGarry, Miller, - Cervenik. Passed.

9 A resolution granting a Use District Exception pursuant t o Chapter 1375 of the Euclid Codified Ordinances t o Carol Keller of Euclid Day Care and Priority National Management, Inc.lHerb Neides, owner of the property, t o allow a U-R-1 (school/private playground) use in a U-4 (retaillwholesale) use district at 27701 Euclid Ave., P.P. #648-30-009. (Sponsored by Planning & Zoning Commission)

President Cervenik - In order t o discuss this tonight. there is a time-table involved of when the lease is effective, I would need a motion to suspend the three reading rule.

Councilwoman McGarry moved t o suspend the three reading rule. Councilwoman Holzheimer Gail seconded.

Roll Call: Yeas: Dallos, Farrell, Flowers, Holzheimer Gail, Korosec, McGarry, Miller, Cervenik Three reading rule suspended.

Commissioner Hayes - Mr. Herb Neides, the owners of the property and Carol Keller of Euclid Day Care, petitioned the Planning & Zoning Commission for a Use District Exception for this property. This was heard at the Planning & Zoning Meeting and was approved by 4 to 1. I noticed that Mr. Neides and several other representatives are in the audience i f you have any questions.

Councilman Farrell - A couple of years ago we had a similar issue brought t o the Council floor and we turned it down unanimously. M y question is, how is this different?

Commissioner Hayes - This is a similar issue. It is still a day care center. However, they plan t o use approximately twice the amount of space that the original petition asked for. They are using both the first floor and low level. They plan t o make significant changes t o that section of the property, in order t o be able t o use those levels, including adding restroom facilities for the kids and workers, which will eliminate the need for them having t o go over t o the office side of the property. There are some conditions for eliminating the head-in parking along the building and re-arranging the parking in the front so the children can be dropped off more easily and safely. They plan t o put a play area in the rear section and fence that of f so there is not a car problem there. There are a couple other changes in the building structure itself that will lend itself to this particular use.

Councilman Farrell - W h a t percentage of the building will this day care take?

Commissioner Hayes - I t is approximately half the existing building. That half being the eastern half of the building as it sits there today.

Councilman Flowers - I'm kind of confused too. T w o years ago we thought it wasn't good t o have a day care center around the business end of it. Now we change. That hasn't changed. I'm just wondering, you said that they put safety measures in place. The other group that applied for this, were they also given those options, if they put additional safety measures in that we would approve i t?

Commissioner Hayes - I don't remember all the specifics of that, but I know that these people have offered to put these in more than they were required to. The other one was a very simple application at the time, it did not show these particular changes.

Councilman Flowers - I have problems wi th this. Two years ago by unanimous vote we say no. The only thing that has really changed is that they are going t o use more space and maybe some more safety measures. That wasn't even discussed of the other group had asked for. I can't support this when t w o years ago we didn't think a day care would f i t in that area. I agree that we need a day care in that area, but in that particular area, t o me, it doesn't seem t o make sense. I'll be voting no on this.

Director LeBarron - I would just like t o bring Council's attention t o Euclid Codified Ordinances 1375.01, which is the authority for Use District Exceptions. In granting a Use District Exception, this particular ordinance sets out five factors t o be considered.

1. Whether the proposed Use District is compatible wi th existing uses of the property in the general area.

2. If the proposed Use District Exception would not be substantially disruptive of the character or stability of the general area.

3. The proposed Use District Exception would not violate any comprehensive planning, zoning or developmental scheme or plan for the city that had been reviewed and adopted by the city and was currently effective in being followed by the city at the time the Use District Exception was considered.

4. The proposed use of the Use District Exception would be in general keeping wi th the uses authorized in such district.

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October 6, 1997 4

5. The proposed Use District Exception would be in the best interest of the city in terms of health, safety and welfare.

These are the factors set out in the code for both the Planning & Zoning Commission, as well as this Council t o consider when determining whether or not t o approve the Use District Exception.

Councilman Farrell - Can we talk about that issue, best interest of the city. What is causing this day care moving to take place? It is m y understanding that this individual is in a day care area right now and is being asked t o leave, or something is changing. Is there going t o be another day care in that area?

Commissioner Hayes - A t the present time, this organization is in the lmani Church. From my understanding the lmani Church has chosen not t o renew the lease of this organization at that particular location. That is why they are looking for a new site.

Councilman Farrell - Will the lmani church be putting a day care in their facility?

Commissioner Hayes -Yes, I believe the lrnani church has intentions of putting a new facility in run by themselves.

Councilman Farrell - So then the day care that is needed in that area will be replaced wi th another day care center at lmani church7

Commissioner Hayes - lmani Church will have their own facility, yes.

Councilman Farrell - I, along wi th Councilman Flowers, voted t w o years ago because I didn't think this day care center in that area is compatible with the uses of the property would be number one item which you had mentioned when you were talking about Use District Exceptions. I agree also that we need day care in this area. It will be replaced at the lmani. I would hope that i f this lady wants t o pursue day care in the area that we look for another place for her. I don't think the Whitney Building is compatible for a day care center. I will be voting no on this.

Councilman Flowers - I would hope, the same way we got this group pointing to, it was our department, our Community Service, that hooked them up wi th lmani church. I would hope we could, again, wasn't that the case? How did they hook up lmani church? The last time this came up before Council, there was a need for one, but we were going t o have our people t ry t o help them find an alternative spot. Wasn't that the case?

Director Koran - There has been a need for day care in that area. They found Church of lmani on their own. We did not give them a direct referral t o the church.

Councilwoman McGarry - I'm in favor of this Resolution and I know the quality of the day care that has been up there. I t is affiliated wi th the Center for Human Services when it was under their auspicis years and years ago. There is such a need for day care. There is much more need than there is service being provided right now. I feel that what they are proposing will work wi th the way they are proposing it. I know there is a time crunch here, that's a consideration. I'm very much in favor of this.

President Cervenik - A t this time, it is a public hearing. Anyone from the general public wishes t o speak on this issue, please come t o the microphone on m y left and state your name and address.

Mr. Kenneth Krause - I represent Priority National Management, Mr. Neides who purchased the property. I 'm at 1800 Ohio Savings Plaza, Cleveland, OH. Mayor, members of Council, Directors, I would like to respond specifically to some of the comments that have been made here this evening. Mr. Neides and Priority National Management purchased this property in late May of this year, Mr. Neides determined that he would like t o contribute. as one of the Council members stated here, t o the revitalization of Euclid Avenue. In so doing, the opportunity presented itself for a very high quality, child care operation, which was leaving another facility in the lmani Church, t o enter into a lease arrangement in these premises. Both the landlord and the tenant are committed t o doing those things and going above and beyond those things that are required by the State and local codes to make this a quality operation. As another Council member here indicated this evening, the need for child care in this area is tremendous. These are services that will benefit the working families of this community, where we have either single parents who are working, andlor couples who are working or both parents are working that require child care services. The marketing, investigation, research that these folks have done indicate that there can't be enough child care services in this particular area. The requirements that are set forth in 1375.01 (a)(3), are met here. This is not anymore an intrusive-type use of this property or this premises than are already contained in the retaillwholesale type district for this particular area. The traffic generated is not going t o be as burdensome as the traffic that is already generated. This is a usage that is going to benefit the residents of the particular area.

What has changed in the past t w o years are the kind of quality operation that we have here, number one. Number two, those things that they are committed to do and t o spend t o make this a quality operation. Number three, t w o years later the need for these kinds of services has substantially increased. For all those reasons, we would respectfully submit and would hope that Council would see f i t to approve this project. We'll be very brief. Mr. Kabenis is here from the Coliinwood Community Service Center, which is the Administrator for the Euclid Day Care Center. He wanted t o make a brief statement t o Council.


Mr. Alan Kaben~s - I'm President of Collinwood Community Services Center. There are several points that I would like to bring to your attention in connection with this. Euclid Day Care is the oldest existing day care center in Euclid having begun in 1944. It was moved to its current site at Hope Congregational Church in 1974. The Euclid Day Care Center operates a full day Head Start Center, the only full day Head Start Center in the City of Euclid, as a County subsidized child care center. 80% of our families are able to pay no child care fees. We serve children from toilet-trained toddlers to 12 year old, after school care. We received notice late June, that our year-to-year lease was not being renewed by lmani Church, when the lease expires October 31. 1997. Since lmani plans to operate its own day care center. Because the vast majority of our families live in this southeastern section of Euclid, Collinwood Community Service Center has a strong commitment to staying in this area to serve the families. Consequently Collinwood Community Service Center did an extensive search to locate a suitable site that would meet our space needs, be affordable and be convenient to our families. The Whitney Building at 227701, was a building that met our requirements. As a high percentage of our families reside in and around the Willo Arms complex, the Whitney will be even more convenient for many of the families that we served at our previous site.

One issue during the Zoning Committee, that two years ago unanimously declined this. It was felt by members of the lmani Church, that was done unfair, relative to the African-American ethnicity of the person who was seeking the zoning variance. I spoke then, I said that is sort of illogical to ask that you refuse again on those grounds because over 90% of our children, and as you can see that I'm before you, I'm African- American myself. It is illogical to make that argument that that might be the reason. My understanding was that it was unanimously turned down because it had a conflict with the overall city plans at the time and my understanding that the concept of what was supposed to be built around there was no longer an option. I would hope that Council would consider favorably to this rezoning request.

President Cervenik - Council has never and will never make any decision based upon those grounds at anytime.

Mr. Kabenis - I didn't think that would be the case.

Councilman Farrell - Point of clarification. The overall city plan, I don't believe has changed, as a matter of fact it is probably stepped-up with the fact that we are looking at the elimination of Parklawn Gardens. The statement that the overall city plan for that area has changed, I believe is incorrect.

Mr. Larry Bressler - Executive Director of Collinwood Community Services Center, the Administrator of the Euclid Day Care Center. As Mr. Kabenis had stated, we did an exhaustive search in the area in terms of trying to find a suitable location, in light of the fact that our lease was not renewed. We had a total commitment to stay in the southeastern area because of the need for day care in that area because our families are in that area. In that regard, we looked throughout the area. The only site that we were able to find that met our needs, was at the Whitney Building. I would like to point out to you that one of the Councilmen mentioned because lmani Church will be opening up its own day care center, thereby not such a great need for day care. I would like to point out that the County estimate suggests that in the next 2-3 years, already shortage of day care slots are going to be increased by 20,000 in Cuyahoga County. The southeastern part of Euclid is no exception to this. We do not see ourselves as competitors with lmani Church. We do see a great need for day care. As the oldest existing day care in the City of Euclid, we feel i t is important that we should be allowed to continue in the Euclid area.

I would like to mention a few things in terms of the kind of renovations. We expect to do extensive renovations in a brief period of time to that site. We intend to add two bathrooms in the first floor. We intend to make the bathrooms handicapped accessible. We are going to add a new exit to the lower level. We will be installing an 8 ft. fence for playground use. For our parents coming in, they will come in through the back entrance, not to interfere with the front entrance in terms of the commercial traffic. And do other measures so we do not conflict in any way with the commercial nature of that community. .

Even if it was to pass today, we sincerely hope that it does, it is our expectation that even with our best efforts it is unlikely that we will be completely finished with renovations as of November Is' when our lease expires with lmani Church. We intend to continue to serve our parents in the interim. We have a new facility that is being completed in the Collinwood area on East 152 Street. On a very temporary basis we intend to transport the children in a van, picking them up at their homes depending upon the number of children. We hope to do it at their homes, if not at specific spots and return them to their families in the 2-3 weeks that it may take for the renovations to be completed.

In conclusion, the Collinwood Community Center has been administering this for a few years., As a child care center, it has been providing outstanding service for over 50 years. It is our hope that we are able to continue to service this area. There's a great need and we hope that you'll give us the variance.

We have many families from our child care center that are here today. I was wondering if they could stand so you can see the number that are here in great support and hope that we continue to be here.

Councilman Korosec -We discussed the transportation issue. Can you expound a little more on the way you are going to be picking them up as far as a route, time-table, time-frame, how many vans?

Mr. Bressler - Initial discussions we've had with our parents, it is our belief that we'll be able to use one 15 passenger van. If we need more, we will use more. Depending upon the number, we have to complete the survey in terms of the number of people that actually need transportation. Depending upon the need, we will either pick them up and return them to their homes, or we will have specific spots at designated times in which we will drop them off and pick them up from their parents, to their parents, at specific times. We would never drop them off without the parents present, much like we do currently at our present site.


Councilman Korosec - The problem that I have, at least with that specific instance, is myself having my son in day care at the age of 4, traffic problems. things of that nature. You can't tell what is going to happen in a freak storm, as far as your time-table of getting to a specific location. If you are driving to that specific location, just say the front of the Whitney building for use of a place. If you don't see that parent there you are going to recycle again and again until ....

Mr. Bressler - Absolutely, we would never ... Councilman Korosec -Would there be a way that the parent has a way to convey to you if you are going to be late through contacting the Collinwood Community Center and you transferring that message your driver?

Mr. Bressler - We already have a system with our drivers that they have beepers with messages on them. If there was a message, it would be received by the driver and they would have notification of that.

Councilwoman Miller - I don't have a question, just a point of clarification. The Master Plan, what was the master plan for that area?

Director Koran - The recommendation from the Master Plan was that area be commercial and office.

Councilwoman Miller - I would like to make a point that the coming trend seems to be with businesses and corporations that they have in the particular buildings, day care centers, making i t available for employees to bring their children. I would think they had something like this already established, then everything is built out around it, at least a day care center is there. I would be in favor of this.

Ms. Marie Jefferson - 24550 Euclid Ave. I just wanted to say as a concerned parent that my daughter is 6 years old and she has been going to Euclid Day Care since she was 4. The teachers are excellent. I feel very comfortable and very safe with them. I can probably speak for all the parents, there are single parents and married parents that it is important to have good teachers. To transfer children from one day care and they've been there for so long, then to move them to another one, that is kind of disruptive. As far as where they are moving to, it would be a pretty good area because there are apartments there with people who have children that are in need of a day care. We should also be able to have an extra day care there. There is nothing wrong with lmani having a day care also, that's fine, we can all work together which I think we should all work together. To transfer these children from being somewhere where they have been for a long time, is kind of confusing. It is hurtful for me and I'm a little upset because I'm so used to the teachers there already. I'm just trying to support the day care that we already have.

President Cervenik - We have to remember that the issue of what lmani Church is doing has nothing to do with what we are speaking about this evening. We are just speaking about the use of that building and i t has no comparison, nor should it be used in our decision, based upon what lmani Church is doing at their location.

Mr. George Rice - 1543 Babbitt Road. Mr. Flowers and Councilman Farrell, they addressed my concern and the Law Director did refer to Ordinance 1375 to Council. I do not think that you should grant a variance for this property. It is not appropriate for a day care center and you should not grant it for the sake of occupancy. Unless you are going to scrap the master plan. I know that Councilwoman Meg McGarry made a comment that i t is the growing thing, but the Master Plan did not say anything about the growing thing. It has specifics in there and I think this Council should look at that. They should turn down this request based on that. Also, my Pastor would like to address the issue of 40 years that day care being in there under Euclid Day Care.

President Cervenik - That's not an issue. We are concerned about the usage of that building only. Not how long they've been at lmani or how long they've been active. We are trying to keep this conversation to the usage of the building on Euclid Ave.

Mr. Rice - I hope you consider not granting it, not just to occupy or to put someone into that building.

Ms. Sandra Jones - 25850 Tungsten, Apt. 1305. My daughter is a student a t Euclid Day Care Center. The way it has been explained to us, I totally agreement that the property would be appropriate for the children. One thing I have learned with my dealings with Euclid Day Care is that they have always been honest with us. They have always looked into things before they acted on them. That is something as a parent I really appreciate. My daughter is 4 now and hopefully she will be able to stay at Euclid Day Care until she's to old to attend there anymore. I have full faith that they have looked at other areas and they have put their time and their effort into finding the spot that is best for our children. I don't think that if this spot was anywhere, anything wrong with this spot for the children, I don't think they would be asking you to let them come here to finish serving our children. I hope you'll consider that. This isn't something that they just thought about, they had a little bit of time to work with. I know because I've talked with the different staff, I know that they really worked hard to find the best location. If they say it is the best location, then I'm for them, because I believe in them. Thank you.

Councilman Farrell - I just want to clarify my point. I'm going to vote no on this because I want to be consistent with my vote of two years ago. I don't think to much has changed. I also want to let Mrs. Keller know that if this does pass, I'll welcome her into the community and this will not shatter the Master Plan. If it

does not pass, Mrs. Keller, we still want you in the community and we can help you find suitable location.


Ms. Nicole Nacine - 24355 Garden Dr., Apt. #I 12. 1 am a new member of the Euclid city. I've only been here a little less than two years. I love Euclid. The diversity here is excellent. My child adapted well to Euclid. I can't even explain how happy I am to be in Euclid and to find a day care that I did find in such a quick time. They helped me with the transition, because I couldn't find one and my daughter wasn't three. They helped me, they saved a spot for her. When she turned three she'll be in there right away for school, for my job. The teachers are always there for the kids. They call me the moment my daughter is sick, anything is wrong, they bring it up to my attention. We'll your daughter's been a little grumpy, are you okay? What's happening with the family? They are very family orientated. That really helped me a lot coming from my mom's house and moving on my own, not having anyone. I'm a single parent. Not having anyone there to help me. They were there for me. I'm here to support Euclid Day Care 110%. 1 don't thing Euclid can do without Euclid Day Care. My daughter loves the kids at Euclid Day Care. For her I'm getting vouchers, I'm on the Head Start program. I can't find another day care that is going to take me in right away and still accept all the things that I need. Euclid Day Care is there. You have to let this pass. I'm on my own. I have no one else to look for. I need a day care that is going to accept my Head Start and vouchers. I can't take any more days off work. It is very important for me. I'm just asking for your support in this program, we need it. What are these parents going to do? A lot of us do have vouchers. we are in the Head Start program. What are we going to do? Thank you for listening.

Mrs. Pat Suhadoulsky - I'm a representative from Royal American Management, one of the largest property owners in the southeast quadrant of Euclid. We have 3,000 residents living on 40 acres in this target area. We have 1,000 children who reside at Willo Arms. As a result of that, and part of the U.S. Department of Justice's Weed & Seed program, this area has been targeted by them as an area that needs Safe Havens, good child care to promote the city. The City has been trying for many years to promote the southeast quadrant in Euclid. I believe that is what we are doing now with Euclid Day Care. It is not their fault they were asked to move. It is a free enterprise zone. We still live in the great country of the United States of America. There is more than enough children available for both day care centers. I'm highly supportive of this. Twenty-eight percent of all the juveniles that live in Euclid, live in this southeast quadrant. What more statistics do we need7 I'd be happy to answer any questions. I can tell you that the residents that I have spoken to and some of which are here this evening, are fully in support. As well as having talked to some of the council members myself, I know this doesn't go along exactly with the Master Plan. We have all seen that it may take years for Parklawn not to be there and for an industriallcommerciaI area to be there. We need businesses there now. We cannot wait 2-3 more years.

Rev. Norwood - lmani Church, 1505 E. 260 Street. There are just a few people here from lmani Church. I wanted to ask them to please stand. I wanted to address my comments by addressing something that Council person Farrell said and that was that if this does pass tonight, it will not erode the Euclid Master Plan. It may not but it surely may erode the confidence that many of the public have in the consistency and'fairness of the way that the City Council of Euclid applies the laws. In response to the very passionate pleas of some of the parents. I'm very happy that Euclid Day Care has a plan in place to bus the children. I'm hoping that, again, for the sake of fairness, that the Council will be consistent tonight in its interpretation of the law that his honor, the Mayor, drafted if I'm not mistaken when he was Law Director. How the Council so unanimously interpreted it. Also in being consistent to offer Euclid Day Care the service it was offered two years ago to help them find another location within the City of Euclid. Thank you.

Councilman Dallos - The Master Plan is nothing in concrete. It is going to be changed a lot within the next 5- 10 years. This probably won't be the first change. The big difference between now and two years ago is that we didn't have the owner of the property come and talk to us. If anybody here read the Planning & Zoning Minutes, the Whitney Building has been 90% vacant for the last 18 years. If people on Council are proud of that, there's something wrong. 90% vacant. Here we have the opportunity to at least occupy 50% of the building. Another thing, two years ago, Gus Pena owned the building next door and was very opposed to the day care center. This time In reading the Planning & Zoning minutes, there is no opposition from Gus Pena. A lot of changes. Let's look at 276 and Euclid Ave. Are you really proud of it? Manner's has been empty for about 10 years. Gas station on the east side has been empty for about 8 years. Whitney Building, according to the P&Z minutes, 90% vacant for 18 years. Our Master Plan is going to take a long time to get rid of those buildings. Parklawn Gardens, 5 years? 7 years7 10 year? Who knows when. We may never see it happen. In talking to the Supt. of the Schools a couple of years ago, I asked him when there was a real bad snow storm why he didn't send the kids home early. He said he couldn't. 54% of the kids come from single parent households. 54%. That is why you need these kinds of facilities. That's all I have to say.

Councilman Flowers moved to close debate. Councilwoman Holzheimer Gail seconded. Yeas: Unanimous.

Roll Call: Yeas: Dallos, Holzheimer Gail, Korosec, McGarry, Miller, Vadnal, Cervenik Nays: Farrell, Flowers

Passed.

Res. 193-1 997 (494-971 Erosion Control Measures A resolution approving the use of submerged lands for property located at 19475 Edgecliff Drive in the City of Euclid so that the owner can undertake lake shore protection measures. (Sponsored by Councilwoman Holzheimer Gail by request of the Law Director)

Council President Cervenik moved for passage, Councilwoman Holzheimer Gail seconded.


President Cervenik - Item #3 through #7, are all for the submerged land lease for properties located along the lakeshore, residents did erosion control measures.

Roll Call: Yeas: Dallos, Farrell, Flowers, Holzheimer Gail, Korosec, McGarry, Miller, Vadnal, Cervenik Passed.

Res. 194-1 997 (495-97) Erosion Control Measures A resolution approving the use of submerged lands for property located at 5 E. 1 9 4 Street in the City of Euclid so that the owner can undertake lake shore protection measures. (Sponsored by Councilwoman Holzheimer Gail by request of the Law Director)

Councilwoman Holzheimer Gail moved for passage, Councilman Farrell seconded.


Res. 195-1997 1503-97) Erosion Control Measures A resolution approving the use of submerged lands for property located a 2171 1 Edgecliff Drive in the City of Euclid so that the owner can undertake lake shore protection measures. (Sponsored by Councilwoman Holzheimer Gail by request of the Law Director)

Councilwoman Holzheimer Gail moved for passage, Councilman Korosec seconded


Res. 196-1 997 1506-97) Erosion Control Measures A resolution approving the use of submerged lands for property located at 20651 Edgecliff Drive in the City of Euclid so that the owner can undertake lake shore protection measures. (Sponsored by Councilwoman Holzheimer Gail by request of the Law Director)

Councilwoman Holzheimer Gail moved for passage, Councilwoman McGarry seconded.


Res. 197-1 997 1507-97) Erosion Control Measures A resolution approving the use of submerged lands for property located at 21775 Edgecliff Drive in the Ctty of Euclid so that the owner can undertake lake shore protection measures. (Sponsored by Councilwoman Holzheimer Gail by request of the Law Director)

Councilwoman Holzheirner Gail moved for passage, Council President Cervenik seconded.


Ord. 198-1 997 (493-97) Collection Real Estate Taxes An Ordinance authorizing the Director of Finance t o take advances on the collection of real estate taxes and declaring the necessity for the taking of those taxes. (Sponsored by Councilmen Cervenik, Dallos, Farrell, Miller, Flowers by request of the Finance Director)

Councilwoman Miller moved for passage, Councilman Vadnal seconded.

Director Balazs - This is routine legislation per Ohio Revised Code Section 321.34. Our City Council and all municipal city councils must pass a resolution or ordinance agreeing t o the terms of how the County Auditor and Treasurer collect the real estate taxes and is distributed back t o the cities. We have not had a problem with it. I have checked wi th the School Board as well, and we are in agreement on how he takes in the money and submits it back t o the municipalities and the schools.

Councilman Dallos moved t o suspend the rules, Councilman Flowers seconded. Yeas: Unanimous.

Roll Call: Yeas: Dallos. Farrell. Flowers, Holzheimer Gail, Korosec, McGarry, Miller, Vadnal, Cervenik Passed.

Ord. 199-1 997 (352-97) Memorandum O~ in ion . FCC An ordinance adopting a Remand Order adopting and enforcing the Memorandum Opinion and Order of the Federal Communications Commission ("FCC") regarding Telerama, Inc.'s appeal of the rate order adopted by Ord. No. 61-1994. (Sponsored by Mayor Oyaski by request of the Administrative Director)

Councilman Vadnal moved for passage, Councilwoman Miller seconded.

Director Johnson -Th is piece of legislation is the Remand Order regarding Cablevision's FCC appeal of this Council's rate order that was issued in 1994. Specifically this legislation calls for a recalculation of some charges that were made by Cablevision, which ultimately would be refunded to customers of Cablevision.


Councilman Flowers - I see the rate, but what does it translate into for the regular household?

Director Johnson - The specifics of the refund have not been worked out yet. The Law Department is working on this and Mrs. LeBarron maybe a little more familiar. The total details of the amount of the refund, and how much would be going t o each particular customer has not been finalized yet.

Director LeBarron - We are still awaiting information from Cablevision and then the t w o parties will get together t o come up wi th a figure. A t this point, we do not know the exact figure.

Councilman Flowers - You don't know if it is going to be $1 or $20. People are going t o ask me as you are out there campaigning what kind of refund we can expect, so you have no idea?

Director LeBarron - A t this point, we can't give you a figure as to what the amount will be.

President Cervenik - I f you are out campaigning, you tell them a big one.

Councilman Korosec moved t o close debate, Councilwoman Holzheimer Gail seconded. Yeas: Unanimous.

Councilman Dallos moved t o suspend the rules, Councilman Farrell seconded. Yeas: Unanimous.


Ord. 200-1 997 (500-97) Juvenile Diversion Proaram An emergency ordinance authorizing the Director of Law t o establish, implement and staff a Juvenile Diversion Program within the City of Euclid. (Sponsored by Councilwoman Miller and Mayor Oyaski by request of the Law Director)

Councilman Flowers moved for passage, Councilman Farrell seconded.

Mayor Oyaski - I know that Councilwoman Miller is pleased to see this program get off the ground today. The Juvenile Diversion Program, in m y opinion, is one of the flagship programs in the Weed & Seed program that we are just embarking on in Euclid. What this program will do under the supervision of the Law Director and with the support of the Police Chief and myself, is provide for a local response and local consequences for juvenile offenders. Rather than referring them t o the over-strapped juvenile court downtown, there will be an opportunity for juven~le offenders in Euclid t o stay in Euclid, participate in this program and I think it is an excellent addition to the City of Superior Services and will assist us in fighting against juvenile crime. I'd ask the Law Director to add her remarks at this time.

Director LeBarron - After the Mayor's introduction, I don't know what more I can say. This is part of the Weed & Seed grant. This program that we have come up wi th is a combination of checking what various other communities, reviewing what their Juvenile Diversion Program, trying to pick the best parts of their programs t o incorporate in ours. It is a joint effort between the Police Department and the Law Department and we ask for your support in this piece of legislation and we'll be happy t o answer any questions.

Councilwoman Miller - This is wonderful. This is something that I have wanted to start in this community for a very long time, as Chief Baumgart already knows this from years ago. I t is finally here and I'm 100% behind this and I hope everyone else is to.

CouncilmanFlowers - I want t o commend Law Director LeBarron, the write-up you gave us before, laying everything out, pretty much cleared things up.

Chief Baumgart - I also want t o thank the Law Director for getting together wi th Detect~ve Payne. I want to give him some credit for this. About 9 years ago he wrote a procedure t o do just this and it has been sitting in limbo every since then. I'm real pleased that he stuck wi th it. Charles Eduardos is here who is the Administrator of the Weed & Seed grant i f anyone has any questions regarding this.

Councilwoman Miller moved t o close debate, Councilwoman McGarry seconded. Yeas: Unanimous. '

Councilwoman Holzheimer Gail moved t o suspend the rules, Councilman Farrell seconded. Yeas: Unanimous.


Ord. 201-1997 1505-97) Amend Housing Code An emergency ordinance amending Chapter 1703 of the Building & Housing Code of the Codified Ordinances of the City of Euclid as outlined below. (Sponsored by Mayor Oyaski and the entire Council by request of the CS&ED Director)

Councilwoman Holzheimer Gail moved for passage, Councilman Korosec seconded.


Mayor Oyaski - This is another distinct improvement that blends very nicely wi th the one before it. The one before it had t o do wi th additional law enforcement activities in the area of juvenile offenders. Since we got here, we've been hard at work, as you all know, and the Council has been strongly participating in code enforcement and making it stricter. We have a Housing Manager, Mr. Tollerup, who has painstakingly gone through Title 17. the Housing Code, which has basically sat unamended since 1970. His efforts which are contained within this ordinance, will allow us t o strengthen our code enforcement, in particular wi th major violations. I wanted t o thank Mr. Tollerup, urge your approval of this, and ask Mr. Tollerup t o add his remarks.

Mr. Tollerup -The goals of Section 1703, as the Mayor indicated, a lot of these sections have been in existence since 1959 and 1970. We've updated and revised these codes. There's three basic goals in 1703. Now we are going t o expect all one and t w o family rentals and all multi-family rentals have their certificate of occupancy. Inspect all multi-family housing every year and all one and t w o family buildings every t w o years. We are now going t o expect, that the violations at each site are correct.

Part Two, we are going t o define and specify the acquisition of the temporary and full certificate of occupancy. Each of these rentals must have a certificate of occupancy in order t o exist. No person can rent a building, an apartment, without a certificate of occupancy. We wish to enforce this strictly.

Part Three, the code in the past has never acknowledged the existence of a Housing Department. We went ahead and inserted Housing Manager Code'Enforcer to represent the Housing Inspectors as well.

Councilman Farrell - W e talked a little in the last issue about the Master Plan. I wanted t o mention it again because the Master Plan brought the housing issues t o the forefront and some credit should be given t o getting the ball rolling on housing issues through the Master Plan Committee. This is welcomed legislation.

Councilman Flowers - When we discussed these issues during our Housing Committee, I requested we send some of this information to the Realtors. Did you ever send anything t o CABOR or any of the other Realtors?

Mr. Tollerup - I'm putting together a packet for the Realtors. I've met with Smythe Cramer and I'm actually planning on holding a Realtors Summit t o go over all the changes once they are passed.

Councilman Flowers - I think that's good t o have something of that nature, but are w e asking t o pass this here tonight and then get their input?

Mr. Tollerup - Yes.

Councilman Flowers - I like what you are doing here but in order to have somebody that are dealing with the selling of these houses in that process, help clear these things up.

Mr. Tollerup - This is a Certificate of Occupancy for rentals. In 2 weeks we will discuss the sales of homes.

Councilman Flowers - This still deals with two-families?

Mr. Tollerup - Right.

Director LeBarron - Mr. Flowers, as you may recall at your Committee Meeting, we indicated that we would bring the changes that Mr. Tollerup was suggesting piece-meal t o this Council. The things you are concerned about, pre-sale inspection and transfer of property, they are not contained in this ordinance. This is merely the changes t o Chapter 1703 dealing wi th rental property. It has nothing t o do with selling of any property. At the next Council Meeting we are planning on bringing those changes t o those sections of the Code dealing with the sale and transfer of property.

Councilman Flowers - This is strictly with rental property here we are discussing?

Director LeBarron - That's correct.

Councilman Flowers - Please, in the future. I know we talked about coming piece-meal t o Council, I see nothing wrong with coming piece-meal and going into Committee on it, or at least getting some kind of feedback from the Realtors. They are supposed to be our Ambassadors of the City, promoting our city. I would like to have them on board with us because I know they haven't been given any of this.

Mr. Tollerup - W e have the opportunity daily to see Realtors, I talk with Realtors. I've met with Smythe Cramer. All of the Realtors have given me positive feedback because a home without violations is easier for them t o sell. They have welcomed the changes. I did not hear many challenges t o what we are doing or many people being upset wi th what we are doing.

Councilman Flowers - Today I had an interview with CABOR. They are going through their endorsement process. I said that you should have been contacted wi th the packet that we discussed t w o weeks ago. They said no, we haven't seen anything on it. One individual that is in charge of CABOR did get a packet faxed to her from Smythe Cramer. It is important, they are going t o be our Ambassadors, let's work together on this and get them involved.


President Cervenik - With all due respect, I would rather see our Department write up the laws on these houses and let CABOR learn to follow them. We have to cooperate with them I agree. He's getting paid to take care of our housing problems and as it was brought up by Mr. Farrell in the Master Plan program. We will discuss more of these in public. I don't think we had any real public input at the last Housing Committee. Mr. Tollerup does spend a lot of time working, conversing and tossing off ideas to Realtors and I have to give him credit for that.

Councilman Flowers - They seem to give me the impression that they weren't notified. By picking fights with the Realtors. it cost us quite a bit of money a couple of years ago with the lawn sign ban. I think we want to work with individuals. We are going to make the laws but we want to do things in a joint effort because if they aren't working with us. they can hurt us in the long run. It is important that we all work together on it.

President Cervenik - I think we are doing that.

Councilman Flowers moved to close debate, Councilman Dallos seconded. Yeas: Unanimous.

Councilwoman Miller moved to suspend the rules, Councilwoman McGarry seconded. Yeas: Unanimous.

Roll Call: Yeas: Dallos. Farrell, Flowers, Holzheimer Gail, Korosec, McGarry, Miller, Vadnal, Cervenik Passed.

Ord. 202-1 997 (509-97) Amend 1755 An emergency ordinance amending Chapter 1755 of the Building & Housing Code of the Codified Ordinances of the City of Euclid by the addition of new subsection 1755.30. (Sponsored by Mayor Oyaski and the entire Council by request of the CS&ED Director)

Councilman Korosec moved for passage, Councilwoman Holzheimer Gail seconded.

Mr. Tollerup - Section 1755 of the code has been amended to define Class A and Class B violations, which the Housing Department will use in making sure that multi-family and one and two family rental housing obtains a Certificate of Occupancy. They list out the A Class violations for your benefit. We feel i t is the best way to go ahead to start plans and mandating Certificate of Occupancy.

Councilman Flowers - Will this be part of the two year process we go through? Every two years we inspect rental property so this will all be taken into effect every two years?

Mr. Tollerup - Every one and two family rentals inspected every two years and multi-family buildings are inspected every year.

Councilman Flowers moved to close debate, Councilman Korosec seconded. Yeas: Unanimous.

Councilman Dallos moved to suspend the rules, Councilman Farrell seconded. Yeas: Unanimous.

Roll Call: Yeas: Dallos, Farrell, Flowers, Holzheimer Gail, Korosec, McGarry, Miller, Vadnal, Cervenik. Passed.

Ord. (498-97) Finance Committee An ordinance amending Ord. No. 200-1994, passed by the Council of the City of Euclid on August 22, 1994 to alter the City of Euclid's portion of the .85% joint income tax levy per Section 718.09 of the Ohio Revised Code. (Sponsored by Councilman Flowers)

Councilman Flowers moved for passage, Councilman Vadnal seconded.

Councilman Flowers - I don't know if we want to act on this tonight. We can either act on it tonight, or as long as I get a commitment that we'll actually have a hearing on this sometime before the end of our term. The question about what it will cost, I thought we would have discussed this during our budget hearings and it wasn't. I asked those questions then. As far as where some of that money would come from, we transferred over $1.2 million to various accounts at the end of last year's budget hearings we had additional monies at the end of the year. Most went to capital improvements. I don't think we should spend money just because you have it. Another area you can look at receiving part of the dollars, is Shore Center is running at $250,000 a year deficit and we've known that for two years now. We have to address some of those things. A couple of years back I proposed removing city council's medical and dental coverage as a cost saver. My guess would be about $50,000 a year cost savings. I know medical alone costs, 5-8 years ago, cost around $3,000 a year and that didn't consistent of eye care. It is important for us to look at these situations. As you go door-to- door, the number one issue is people brought up to me is our income tax level. What I have proposed is, seeing I'm on City Council, the proposal is to bring only the city's portion is affected. It would come from 2.85% to 2.6%. The Schools would remain their amount because I'm in no position to handle the School's money. Ours would come down to 2.13%. There is no city around that is higher than 2%. 1 know you are going to give me the rationale that we give the credits back, but so does Mayfield. If you look at i t strictly where people live, someone who lives in Lakewood and works for the City of Lakewood, pays 1 112%. Somebody who works in Mayfield Heights and works for the City of Mayfield Heights pays 1.75%. Somebody who works in the City of Euclid and lives in the City of Euclid pays 2.85%. You are going to give me a number


of different reasons because of the credits we get, but we have never really discussed it. I've asked for it back in the budget hearings. If I can get a commitment of some type that we will discuss this before December I", I'm more than willing t o put it in Committee.

President Cervenik - Dorothy Fike had a question that Mr. Balazs might be able t o answer?

Director Balazs - Dorothy Fike did ask what this might mean t o the City if we did reduce the city's portion of 2.38% down t o 2.13%. That's a quarter percent deduction. We've estimated that would reduce our city income tax revenues by approximately $2.4 million. As you are aware that the greatest source of revenue of our general fund is the city income tax. We have a general fund figure of about $32 million. The municipal income tax represents about $21 million of that. I'd be glad t o discuss this further than that, but you can see that the general fund is our largest source of funds and provides the most services for the City of Euclid.

Councilwoman Miller - I was going t o move this into Finance Committee unless someone else has, is that alright wi th you?

President Cervenik - He only wants it moved if I 'm willing t o give him a hearing by December 1".

Councilman Flowers - Otherwise it dies in Committee.

President Cervenik - As Chairman of the Finance Committee, I question the timing of this ordinance t o begin with. I question what kind of hearing do we want. The author of this ordinance will have t o come and explain how much this is going t o cost us, where we are going to make it up, how the city can afford to give back "x" number of dollars. Until you are prepared and until you have the information available t o this Council to study your ideas, I don't know what kind of a hearing I can have. Every time we have a budget hearing, we discuss where we need the money. We say where we put the money. We talk about our self-insurance fund. We talk about our Police and Fire being 58% out of the general fund budget. We talk about transferring monies t o capital improvements that we couldn't normally do. I t is an ongoing process. If you commit t o me that you are going to have a plan in place that you could present t o us and prove t o eight other people on this Council that we can afford to give back this money, which I feel we so desparately need, that's fine Dan. Otherwise I can't necessarily commit that t o you at this time.

Councilman Flowers - I have a concern, Mr. President, when this is brought before Council, I asked the same questions you are asking now. What is the difference? If we don't put this on, what gets eliminated? Those answers were never provided t o me, instead we just rubber-stamp them and put it in front of Council. I think one of the things you have to do, and it doesn't have t o be .25, that's the number I picked out. You heard me tonight when we transferred $1.2 million and ran Shore Cultural Centre at a break even point, and you referred to the medical, just from Council, that's $1.5 million. We are three-quarters of the way there.

Councilwoman Miller - I believe Councilman Flower's points are well taken and I think we should move this into Finance Committee. I'm sure he can come prepared wi th some of the suggestions that he is making here. We can go ahead and have the hearing before December. 1".

Councilwoman Miller moved Ord. (498-971 into the Finance Committee. Councilman Dallos seconded.

Mayor Oyaski - Before the Council votes on that, three years ago we were putting a joint income tax on the ballot. A t that time, the issue came up that some minds were going t o get an income tax credit from the State of Ohio. That was floated through that campaign and never done. What happened is today, that still creates a problem of credability wi th the school levy down the street. I don't think there was any realistic chance of getting of State income tax credit approved in 1994. 1 don't think there's any realistic chance that this can be implemented without harming the services of the city and harming the city employees. I would recommend, rather than create the illusion, the misleading illusion wi th the public that income tax is going t o be reduced, primarily on non-residents, that this kind of issue should be disposed of and rejected immediately. Thank you.

Councilman Flowers - You are saying that we shouldn't even look at that possibility. Whether or not we can eliminate it by 10% or 25% as I suggested.

President Cervenik - We have a motion and a second on the floor. Call a roll on the motion t o move it t o Finance Committee.

Roll Call: Yeas: Dallos, Farrell, Flowers, Holzheimer Gail, Korosec, McGarry, Miller, Vadnal, Cervenik Into Finance Committee.

Councilman Flowers - Can I have a listing of the city's payroll and I'll start looking at those accounts.

Mayor Oyask - Mr. Chairman ...

President Cervenik - Both of you are out of order. Let's go to item #14. Mr. Flowers you can ask for those things after the meeting.

Council Minutes October 6, 1997

Res. (499-97) Finance Committee A resolution authorizing the Board of Elections of Cuyahoga County, Ohio, to place on the ballot at the election to be held on May 5, 1998, the question: "Shall the ordinance providing for a .85% levy on income, passed by the electors of the City of Euclid on November 8, 1994, to supplement both the municipal general fund and the municipal permanent improvement fund (.38%) and also the school district current expenses (.47%) be amended so that the amount for the municipal general fund and the municipal permanent improvement fund be reduced by .25% to .13% and the school district current expenses portion remain at .47% for the period commencing January 1, 1999 and continuing thereafter be passed?" in the City of Euclid, Cuyahoga County, State of Ohio, pursuant to Chapter 718.09 of the Ohio Revised Code of the State of Ohio. (Sponsored by Councilman Flowers)

Councilwoman Miller moved for passage, Councilwoman McGarry seconded.

Councilman Flowers - This is a companion piece to the previous piece. It won't make sense to send this to Committee. Now it is appropriate for me to ask the questions, for me to be prepared for those meetings, if I could have the vendors listing for the last 2 years and if I can have a payroll listing for this past year. I don't know if its possible to have a payroll listing of 5-6 years ago when we had built up our reserves. Is that available Mr. Balazs?

Director Balazs - I'll take a look at that and see what I can prepare.

Councilman Flowers - I would think that the vendors listing for this year and the payroll should be readily available.

Director Balazs - I'll go back into the records.

Mayor Oyaski - Just for the record, I repeat my earlier remarks that this is misleading to the public to keep this issue alive and suggest that it is realistically possible to cut city revenues by $2.5 million without affecting city services and city employees. You know that the Council unanimously approved pay raises for the next three years. I think every single person here voted for those pay raises. When you make these calculations, remember that the personnel costs are increasing and the city will have additional need for revenue in the years ahead.

President Cervenik - What's your pleasure Council?

Councilwoman Miller moved Res. (499-97) into the Finance Committee. Councilman Dallos seconded.

Roll Call: Yeas: Dallos, Farrell, Flowers, Holzheimer Gail, Korosec, McGarry, Miller, Vadnal, Cervenik. Finance Committee.

Ord. 203-1 997 (508-971 Sidewalk Cafe An emergency ordinance authorizing, empowering and directing the Mayor of the City of Euclid and the CS&ED Director to enter into a Special Storefront Renovation Agreement with Sidewalk Cafe, Inc., owner of the property located at 27101 Euclid Ave. for the provision of a grant in the amount of $12,000 as reimbursement of a 40% of estimated $30,000 cost to make improvements to the property, whichever is less, and reimbursement for up to $1,500 of landscaping improvements to the property provided the plans for the renovation of the property as submitted to the City are complied with in full. (Sponsored by Councilman Korosec)

Councilman Korosec moved for passage, Councilwoman Miller seconded.

Director Koran - This is a storefront renovation project that Mr. Gary DeWine has been working on for quite some time with Mr. Nick Sarris, the new owner of the Sidewalk Cafe located 27101 Euclid Avenue. For the past six-plus years this individual has been a tenant in this building. This building was owned by Chris Manners who owns a couple of parcels on Euclid Ave. and also Wendy's at Shore Center. They bought this building and Mr. DeWine has negotiated a storefront renovation agreement with Nick, the owner of the building. If Council approves this, we will be reimbursing the new owner $1 2,000 plus the $1,500 for architectural, landscaping improvements. The improvements will include new signage, landscaping, new gutters, sign removal, car stops, renovate the parking lot, significant lighting. The dumpsters, they are an eyesore right now, new doors and other facade improvements. This will be paid for out of the Block Grant Program. .

Councilman Farrell - This is the type of individual we want to give Block Grant money to. I have dealt with Nick Sarris when I was a Ward Three Councilman when he first became a tenant. I am very glad that he has made an investment in the area on Euclid Ave. This is what Block Grant money was intended for and Nick is a good quality tenant and a positive force.

Councilman Farrell moved to close debate, Councilwoman Holzheimer Gail seconded. Yeas: Unanimous.

Councilman Vadnal moved to suspend the rules, Councilwoman Miller seconded. Yeas: Unanimous.


Roll Call: Yeas: Dallos. Farrell, Flowers, Holzheimer Gail, Korosec, McGarry, Miller, Vadnal, Cewenik. Passed.

A CEREMONIAL RESOLUTIONS Res. 187-1997 1501-971

A resolution of appreciation t o Mustapha Hamici for remolding and making improvements to his dry cleaning business at 18500 Lake Shore Blvd. (Sponsored by Mavor Ovaski and the entire Council)

Res. 188-1 997 1504-971 A resolution of appreciation and conoratulations t o Dominic Molinaro for the more than 7.500 hours of . . ~ ~ . - - . . . . . - . . volunteering he has done over the past 15 years for the Knuth Senior Center. (Sponsored by Mayor Oyaski and the entire Council)

Res. 189-1997 (51 1 - 9 a A resolution congratulating Harley Gordon, a longtime Euclid resident, for his volunteer service t o the community's senior citizens. (Sponsored by Mayor Oyaski and the entire Council)

Res. 190-1 997 1510-971 A resolution of congratulations t o the ten new inductees to the Euclid High School Sports Hall of Fame in 1997.ISponsored by Mayor Oyaski and the entire Council)

Councilwoman Miller moved for passage, Councilman Vadnal seconded.

Roll Call: Yeas: Dallos, Farrell, Flowers, Holzheimer Gail, Korosec, McGarry, Miller, Vadnal, Cervenik. Passed.

COMMITTEE OF THE WHOLE Miss Sarah Keller - 294 East 218. I'm a representative of Euclid Senior High School and of this community. On behalf of all the concerned citizens of Euclid, especially us High School students, I strongly urge our city council t o put forth a resolution this evening supporting the school levy. Your support will go a long way in keeping Euclid an outstanding city for people t o live and educate their children. We really need and appreciate your support. Right now I would like t o bring up a couple of points about the levy. The first point is that we are the only school district in Euclid and we need t o keep it alive and strong. M y second point is, if the levy doesn't pass, the AP, Art, Music Department, Athletics, Transportation, will take a strong cut. The AP department, the classes are very important. They are very important t o the people who want the higher education and can achieve it. The transportation that might be cut, the kids will have no way of coming to school. You want kids to attend the school, i f they don't have any transportation, how do you expect them to get there? I noticed that we are trying t o build up Euclid and make it what it once was. If the school system is down and low, how are w e going t o achieve that?

Everyone wants their kids t o get a good education. I had a good education. I want m y children to have a good education and everyone else's kids. Another thing that directly affects everyone in Euclid is i f this levy does not pass, the property values are going t o go down and this is going t o affect everyone. We really need the City Council t o pass this legislation and show that you guys are 100% behind the levy. We need your support and i f we can't depend on you, who else can we depend on. We would like you to pass this resolution as soon as possible, because I understand that you can't do it today. Thank you.

Mr. Tom Soini - 21 600 Kennison Ave. I have a question for Council. What are the estimates of property value plummenting i f the levy does fail? Have those been brought out t o the forefront yet?

President Cervenik - I don't know if we can answer that this evening, but the Finance Director can look into that and inform us.

Mayor Oyaski - I support the passage of lssue 7 4 because I believe opening up neighborhood schools will benefit the children and their parents, in specific, and the entire community in general. I also believe the cuts in transportation and other programs are something we should avoid. I will ask the Council on October 20fh to vote on a Resolution of Support for lssue 74.

Beverly Valencic - 4 4 East 226 Street. I've been out working very diligently promoting our lssue 74, for Euclid City. I want t o applaud our current administration and Council members this evening for addressing some very changing needs in this community. The issue wi th the day care. The issue with the Juvenile Diversion Unit which also part of our Weed & Seed program in which we here as citizens of this community need to address. I just want to mention that I want to challenge our administration and our council people for the changing needs of this community. Tonight was an outpouring of what is happening in the City of Euclid. People are saying to all of us, citizens together, that we want to work together. We are accepting the challenge and I want all of us t o applaud the continued working efforts together. I am also going to say that our community, schools and businesses truly are one working together. For the first time people are listening t o how we can dialogue and work together. I'm also promoting lssue 3774, which will promote not only our publ~c school system, but our parochial and private schools in this community as well.

Councilman Dallos moved to rise and report. Councilman Farrell seconded. Yeas: Unanimous.


COUNCILMEN'S COMMENTS Councilman Vadnal - To the Finance Director, i f you are going t o prepare some documents for Mr. Flowers, I think all of us should see the documents as well so we are prepared for whatever meeting we do have on it.

Director Balazs - I'II send them t o the entire Council.

Councilwoman Miller - There's a Safety Committee Meeting at 7:00 p.m. on Wednesday dealing wi th apartment security.

Councilman Flowers - I have a concern wi th empty gas stations. I thought we had legislation on the books that they had t o be cleaned up and all taken care of. Is that the case wi th all our gas stations7 In particular the one on Babbitt and the Marginal. A t one time there was talk, do you know where I'm talking about?

Director DiNero - The gas station you are talking about has been sold. If you remember, it came before the Council t o open a used car dealership. Council voted it down. As far as I know it is not owned by BP or Sohio at that time.

Councilman Flowers - Aren't they responsible to clean that up?

Director DiNero - That has been done by the previous owners before it was sold.

Councilwoman Miller - No that wasn't cleaned up. That was the reason we voted that down was because they didn't clean it up and we weren't going t o allow them t o put a business there until the property was cleaned up and then they could come back and ask us again. A t that date, we were told that the contamination was still there and they hadn't cleaned it up.

Chief Dworning - I'm not exactly sure i f we have received a closure report. I can look into our files and see i f we've received that from either the prior owners or the State of Ohio and find out whether a Phase I Environmental Study was done on that and what the status of that property is.

Councilman Flowers - Also the Union 76 station on Euclid Avenue and 276. The other one is Sohio off of 260 by the Marginal.

Chief Dworning - I'II be glad t o check on all of those if you would just give me a list of the various gas stations that you have concerns about and I'II check our records.

Councilman Flowers - Those are the ones that come to mind. I don't know if there are others.

Director DiNero - I hear you referring t o the t w o gas stations, Union 76, we did send the company letters about cleaning up their stations. They completely ignored us. We sent them certified letters. The Law Director can expand on this. They wouldn't even accept the certified letters. There was something in the paper, Councilman Dallos handed it over t o me and I turned it over to the Law Director, the t w o properties were sold. What is going t o go on from that, I can't tell you.

Director LeBarron - The company that had owned those gas stations at 222 and Euclid Ave. was Unical. According t o the ordinance, w e followed the ordinance procedure. First we put them on notice once they closed what the ordinance contained in terms of 6 months of abandonment. After the six months, we sent certified mail as is required under the ordinance. They refused t o take the certified mail. It came back t o the City marked refused. They never got our certified notice. We then sent notice just via regular US mail, did not hear anything and then Councilman Dallos dropped off a listing t o both the Service Director and myself indicating that the property was sold to another company and we are trying t o make contact wi th them. It is no longer owned by the first company.

Councilman Flowers - Can we put some kind of lien on there? Somebody complained t o me because the city was on 238 Street, putting in new curbs. There was a woman there that just put in new sidewalk but because the curbs were higher, they had t o put in new sidewalk. Somebody else wanted t o do their own work. The response they were told was we sent you certified mail and they don't remember seeing it. They said they never received certified mail, they would have had t o sign it. We didn't have any record of signing it. We do that t o homeowners, just do whatever and not do it t o a gas station that refuses t o accept our certified mail.

Director LeBarron - We didn't stop doing anything because they refused the certified mail. We have t o follow the ordinance and the procedure there. But, since the property is transferred t o a new owner, we must notify the new owner under the same ordinance that's used. Under the ordinance for the Service Director t o go and have it torn down, Council's got to appropriate the funds t o do that as well as clean up the tanks that are underground.

President Cervenik - That takes a lot of money.

Councilman Flowers - Why don't we put it on their tax form?

President Cervenik - We have t o pay for it ahead of time.


Director LeBarron - You could do it as a lien on the property, but t o have the work done, the city's got to pay the bill initially.

Councilman Flowers - We did the same thing wi th Carol's on 222 Street?

Director Koran - We ordered them t o demolish it and they did it on their own. Council passed an ordinance but once they saw we were serious about it, they did it on their own to save themselves money.

Councilman Flowers - That gas station on Euclid Ave. & 276 has been empty for I don't know how many years. The same thing wi th the one on Babbitt & Marginal.

ADJOURNMENT Councilman Vadnal moved t o adjourn. Councilman Korosec seconded. Yeas: Unanimous.

Attest:

- Clerk of Council President of Council

Documents

COUNCIL MINUTES OCTOBER 6. 1997 A Council Meeting ......1997/10/06 · I have just done what I have to do for the grant. Director DiNero - We will begin leaf pick-up the week of the