CITY OF ROCKY RIVER

JANUARY 9, 2007

Regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:00 p.m.

in the Don Umerley Civic Center.

Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,

Mrs. Bartolozzi, Mr. Long, Mr. Hagan

Administration: Mayor Bobst, Mr. Linden, Mr. Thomas

Law Director: Mr. Bemer

Press: Mrs. McKenzie, Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MOTIONS:

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the reading of the minutes of the Legislative Meeting of December 27, and the meeting of the Committee-of-the-Whole of

January 2 be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor has been in touch with the office of the commissioner of the Cleveland Water Division, and Commissioner Nielsen is available to speak to Council on Monday, February 5. It was decided that the 45-minute presentation will be made at 7:00 p.m. prior to the meeting of the Committee-of-the-Whole. A question period will follow the presentation. The Mayor urged Council members with questions to forward them in advance to the Commissioner.

The Mayor was pleased to announce that the Recreation Department has been notified of two awards from the Ohio Parks and Recreation Association. The City received a rating of outstanding for the hillside restoration and terracing at Rocky River Park and an additional award for the "Squeaky Sneakers" program. Mayor Bobst congratulated Director Patterson and all the recreation staff whose hard work led to these awards. She also commented on the generosity of Huntington Bank whose contributions to the Parks and Recreation Foundation helped finance the improvements.

Last Sunday's Plain Dealer featured a story on the Rocky River Senior Center's Open House complete with photos. The story presented the Senior Center in a positive light and the Mayor thanked the newspaper for their excellent article.

Also at the Senior Center, the training of tax preparers is beginning. These volunteers help 250-300 seniors prepare their income tax returns each year. This year, Finance Director Thomas will also work with residents and those assisting residents with the local tax code.

The library will be closed tomorrow (Wednesday) due to construction. The children's department will remain closed on Thursday also.

Bids have been opened for the sale of three used police cars, a Ford Taurus and a used Ford pick-up truck. Since they were satisfactory, an ordinance will be prepared for consideration at the next meeting.

In further very good news, the City has been notified by the District One Public Works Integrating Committee (DOPWIC) that WWTP improvements have been placed sixth on the list of approved projects for 2008, with the highest total cost of the eligible projects. The entire cost will be $3,427,000 of which $1,542,000 will be grant, $1,028,000 will be a 20-year interest-free loan and the remainder will come from the WWTP Capital Fund. Although preliminary word had been given to the City, the Mayor was pleased to have official confirmation.

LAW DIRECTOR'S REPORT:

As a result of the last meeting of the West Shore Stakeholders, a sample resolution has been circulated to the various cities to determine whether each community is ready to commit to the support of investigation of the benefits and costs of a commuter rail line between Lorain and Cleveland. The resolution will encourage the Federal government to fund the investigation. Copies will be distributed to Council members and the matter will be discussed at next week's meeting.

The meeting concerning underage drinking with the City's requested participation has been postponed due to commitments of several attendees. The meeting has not yet been rescheduled.

Mr. Hurtuk asked if the Law Director had a report on options for the liquor applications from gas stations currently under consideration.

• Mr. Bemer indicated that he had spoken to Sgt. Gulas of the Police Division about which communities have been successful in prohibiting gas station sales. He said that, unfortunately, no one has been successful in this attempt or in carryouts in general. Mr. Bemer noted that applications from the Shell and BP stations on Hilliard are pending as well as a transfer for the Beachcliff Tavern. He further reported that he had had an opportunity to speak to an attorney with extensive experience with liquor licenses who acknowledged that the norm is to appeal and request a hearing, but the consensus is that the Board of Liquor Control tends to allow gas stations to have the probationary period in which to try liquor sales.



• Mr. Hurtuk requested that Mr. Bemer contact other law directors of cities comparable to ours to see if there are methods which have succeeded. He further mentioned that prior to this term, it had sometimes been the practice to engage outside counsel to avoid the perception of conflict. Although Mr. Bemer did not feel that a conflict exists, he will investigate the use of outside counsel.



• Mrs. Bartolozzi commented that in the past, the City was successful in not having liquor sold at gas stations and the Liquor Control Board assisted the City in maintaining the standard that many residents desired. It now appears that the door has been opened, and Mrs. Bartolozzi wondered if there is any history which indicates how long the City was able to maintain this standard. Mr. Bemer commented that it appears that the former owner of the Shell station applied for a license in 1986. Similarly, in the early 1990's the application was made and withdrawn. For that 20-year period, the basis of denial was a saturation of permits for this area. It appears that this is no longer the case, and that the benefit of the doubt is now given to the applicant except in cases of criminal activity or location issues.



• Mayor Bobst added that the Get-Go at Giant Eagle had been in the process of applying for a permit when it was approached by the City. She said that they have been great corporate neighbors and willingly withdrew their application when they learned that no permit had been issued in the City and that Council would oppose any attempt to do so.



• Mr. Gollinger added that no one should be surprised if that application is resurrected because of what happened on Lake Road.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

The Planning Commission will not meet this month because of the lack of an agenda.

President Hagan also reminded the audience and Council members that the meeting of the Committee-of-the-Whole will be held on Tuesday, January 16 because City Hall will be closed on Monday in commemoration of Martin Luther King Day. That meeting will be at 8:00 p.m. and will be preceded by the annual meeting of the Community Improvement Corporation at 7:30 p.m.

AUDIENCE PARTICIPATION: NONE

MOTION:

Moved by Mr. Moran, seconded by Mr. Gollinger, that Ordinance No. 157-06 be amended by substitution of the reissued ordinance which reflects changes to the ordinance and exhibit discussed at the last meeting.

Vote: Hunt - aye Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 157-06 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AMENDING CHAPTER 139 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER BY AMENDING SECTION 139.03 ENTITLED "PRISONER DAILY FOOD ALLOWANCE" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

3^RD READING

Moved by Mr. Moran, seconded by Mr. Gollinger, that Amended Ordinance No. 157-06 be passed as read:

Discussion: As discussed at the last meeting, this code section is unnecessary. In fact, it is unknown why it was included in the Code.

Mr. Gollinger asked the Law Director if he was certain that in removing this section he would not put the City at risk of not meeting a federal standard. Mr. Bemer stated that he was absolutely certain any regulation would be by the state, and that this would be subject to home rule. He said that he was comfortable with the removal of the section.

Vote: Hunt - aye Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 1-07 BY BRIAN A. HURTUK

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENTS WITH CIUNI & PANICHI, INC. FOR PROFESSIONAL ACCOUNTING SERVICES FOR THE CITY OF ROCKY RIVER AND THE ROCKY RIVER WASTEWATER TREATMENT PLANT AT A COST NOT TO EXCEED $21,795 AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Hurtuk, seconded by Mr. Long, that the rule requiring that Ordinance No. 1-07 be read on three separate days be suspended, and that Ordinance No. 1-07 be placed upon its passage:

Discussion: Mr. Hurtuk explained that the City has been mandated to produce a comprehensive annual financial report (CAFR). In order to do so, this ordinance needs to move forward.

Vote: Hunt - aye Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that Ordinance No. 1-07 be passed as read:

Discussion: Mr. Hurtuk further explained that until 2003, the state auditors helped to produce the CAFR. Mr. Thomas explained in 2004 that the cost then of $29,000 would be reduced in succeeding years as they became more familiar with the forms and practices of the City. This has happened in these agreements whose cost is reduced by 30% over the 2004 figures.

Vote: Hunt - aye Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Hagan indicated that Council has received two applications for liquor licenses: the legislative notice for the BP gas station on Hilliard has been received; also, A & L Restaurants has applied to take over the license at the Beachliff Tavern on Detroit.

• Mr. Hagan commented that in keeping with past practices and Council's belief that gas and alcohol sales should be separated, he recommended requesting a hearing. There was consensus on that point, and the clerk was instructed to request a hearing of the Division of Liquor Control.



• As to the second application, Mr. Hagan advised that the police investigation has shown that one of the stockholders is involved in a criminal proceeding. This raises an immediate concern about this application. Mr. Hagan noted that the counsel for this party is out-of-town and unavailable. Mr. Bemer remarked that he had indicated to this counsel his belief that this is a serious issue for Council, and he recommended that Council request a hearing. There was a consensus that a hearing be requested.

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview Avenue explained that he had come upon the scene of an accident at Wooster and Wooster Parkway. A car turning on to Wooster from Wooster Parkway was struck by a vehicle southbound on Wooster. He noted that Wooster is one lane, and he wondered if this was an appropriate intersection for a prohibition of right turn on red from Wooster Parkway to avoid such a situation. Mr. Linden will check to see how many accidents have occurred at this intersection and he will take appropriate action.

Secondly, Mr. Sokol thanked Mr. Bemer for his prompt response last week to his request for a public record.

It was noted that next week's meetings will be held at City Hall in the Cook Council Chambers.

Mr. Gollinger indicated that the BZA will meet this week on Thursday. Five items are on the agenda.

Finally, he noted the passing of Mrs. Jayne Schwede, a longtime City resident and volunteer at the Senior Center. Mrs. Schwede's husband Raymond was a former Rocky River Councilman.

As there was no further business by members of Council, the meeting was adjourned at 8:35 p.m.

_____________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council