CITY OF ROCKY RIVER

JANUARY 12, 2009

The Regular Meeting of Council was called to order by Mr. Moran, President of Council, at 8:00 p.m. in the David J. Cook Council Chambers.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Mylen, Mr. Furry,

Mrs. Arabian Whitman, Mr. Moran

Absent: Mr. Long

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

Law Director: Mr. Bemer

Press: Ms. Kosco

The meeting was opened with the Pledge of Allegiance.

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the Legislative Meeting of December 22 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the meeting of the Committee-of-the-Whole of January 5 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Moran - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT:

On Saturday, two new galleries opened at Beachcliff Market Square. Following the ribbon-cutting in the morning, a reception was held later in the day, and the Mayor was pleased to say that, especially considering the weather, it was well-attended.

Today was the State of the Schools address presented to the community by the superintendent, Dr. Shoaf, who relayed great news about the health and success of the schools. In addition to the Mayor and the Law Director, Councilman Furry and Councilwoman Arabian Whitman were in attendance. Following the address, there was a demonstration of the new Smart Boards which were a gift of the Education Foundation.

Tomorrow Dollar Bank will reopen on Center Ridge Road. Festivities begin at 8:00 a.m. with ribbon-cutting at 8:30. All are invited.

An airport meeting will be held tomorrow at 12:30 p.m. in North Olmsted. Under discussion once more will be airport noise and the convening of the working group for the Part 150 study.

Tomorrow evening the Beautification Committee will meet at 7:00 p.m. at the Don Umerley Civic Center.

On Wednesday evening, the Development Code Update Working Group will meet for further discussions. Interested attendees are asked to review the available materials before the meeting.

High school students from the business class will present results of the Center Ridge corporate corridor survey and evaluation this Thursday at 9:00 a.m. at the Don Umerley Civic Center. Council members recalled that 550 letters were sent to Center Ridge businesses and followed up by students from the class. On Thursday, teams will present their results. All are welcome to attend.

Snow plowing has become a very important topic over the last few days. From Friday night through Sunday, 12-hour shifts were necessary for the 18-20 individuals who were clearing the City's streets, accumulating 305 hours of overtime and using 600 tons of salt. This continuous snowfall is very difficult to clear and requires a great deal of manpower and salt. The Mayor expressed her appreciation for the expertise of Director Linden and Commissioner Winterich in managing street plowing during the storm, trying to use salt sparingly, but effectively. An order for 800 tons of salt has been placed this morning. If, as forecast, the weather turns colder toward the end of the week, liquid calcium will be added to the salt to combat ice in temperatures below 20 degrees when salt is ineffective.

LAW DIRECTOR'S REPORT:

Mr. Bemer added further information on the application for a liquor license by Sweet Melissa's. Consulting the Ohio Division of Liquor Control's website, his office found that D1and D2 licenses were available. This would allow the restaurant to serve beer and wine on the premises. The restaurant is applying for these permits, which explains why this is a new application rather than a transfer. There is also an application for Sunday sales, so Mr. Bemer called the Board of Elections to see if citizens of a precinct vote on any liquor sales on Sunday, or whether it is specific to a particular establishment. He was told there had been a vote in the past in this precinct which was specific to Minotti's. The clerk did not have the information regarding Max's, the predecessor of Sweet Melissa's and the question will be sent to their Legal Department which will research and report back, hopefully this week. The Law Director will report when he hears from the Board of Elections.

Mr. Bemer continued, indicating that last week he had spoken to corporate counsel from AT&T, Mr. Gerald Friederichs. In that extended and cordial conversation, Mr. Bemer was able to give Mr. Friederichs background on the City's application process through the Planning Commission and issues which followed, including AT&T efforts to address the Bonnie Bank buffering issue.

Mr. Bemer asked him for consideration to create an in-house fiberoptic network connecting buildings on the City's campus. The AT&T counsel was aware of the request and pointed out that competition would work to the benefit of the residents, giving them another option. Also discussed were marketing aspects in having a satisfied customer in the City of Rocky River and its residents who would be appreciative of a good will gesture on the part of AT&T. Mr. Friederichs explained that the company does not install its own fiberoptics, but subcontracts it and said that to his knowledge, it has never been done for a customer city.

The pending easements were also discussed (one on the City campus, the other across from the Westlake) and the financing of those easements. Mr. Friederichs indicated that he would look into this as they would like to foster positive relationships with the City. He or their local counsel will return Mr. Bemer's call, and the Law Director will report further if a proposal is received to exchange funds for the right to use the City's property.

Discussion: Mr. Mylen asked about the timeframe for the beer and wine license. Mr. Bemer said he did not know, but the question of Sunday sales should not delay their permit for beer and wine.

Mr. Moran indicated that during discussions last week, there were no objections to a license for Sweet Melissa's.

The other pending application is from Rocky's River Pour House, located on the site of the former BW3. The report has been received from the Police Department and Council members voiced no objections to the transfer of the permit. The consensus was to return the notice to the state without objection.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran raised the question of Council's membership in the Northeast Ohio City Council Association (NOCCA), noting that in the past Council has been a member of the organization. He asked if any Council members had an interest in attending dinners/meetings, indicating that, in that case, he felt it would be a good idea to join, but since the cost of membership is $400, he would first like to canvass members to be sure there is interest in their excellent programs. He will raise the question for discussion again next week.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 94-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE DIRECTING THE MAYOR TO EXECUTE AN EASEMENT TO THE OHIO BELL TELEPHONE COMPANY DBA AT&T OHIO ON PROPERTY OWNED BY THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Hunt indicated that this ordinance has been pending for some time, and based upon the Law Director's report this evening, he suggested waiting until a proposal has been received from AT&T. He hopes to discuss the matter at next week's meeting of the Committee-of-the-Whole.

ORDINANCE NO. 103-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE DIRECTING THE MAYOR TO EXECUTE AN EXCLUSIVE AND A NON-EXCLUSIVE EASEMENT TO THE OHIO BELL TELEPHONE COMPANY DBA AT&T OHIO ON PROPERTY OWNED BY THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBITS "A-1" AND "A-2"

This ordinance authorizes an exclusive and non-exclusive easement sought by AT&T and as with Ordinance No. 94-08, it will also be on hold, pending discussion of an AT&T proposal.

ORDINANCE NO. 128-08 BY THOMAS T. LONG

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NOS. 301-18-066 AND 301-18-067 IN THEIR ENTIRETIES, FROM THEIR PRESENT CLASSIFICATION OF OFFICE (O-3) TO SERVICE/MANUFACTURING (S/M) AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Moran explained that when the minutes of last month's meeting of the Planning Commission are approved at their January 20 meeting, a public hearing will be scheduled by Councilman Long.

ORDINANCE NO. 142-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF SAFETY SERVICES TO ENTER INTO AN AGREEMENT WITH AKE ENVIRONMENTAL AND CONSTRUCTION SERVICES, INC. FOR THE 2009 SEWER

TELEVISING PROGRAM IN AN AMOUNT NOT TO EXCEED $100,000.00

2^ND READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 142-08 be read on three separate days be suspended and that Ordinance No. 142-08 be placed upon its passage:

Discussion: Mr. Hunt indicated that this ordinance will be required when the 2009 project season begins in the spring. He noted that the contract should be in place well before the start of the season.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Ordinance No. 142-08 be passed as read:

Discussion: This ordinance was discussed last week with Director Linden during the meeting of the Committee-of-the-Whole. This is an annual program, and this bidder submitted the lowest bid and is well-qualified to perform the work.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 143-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH FABRIZI TRUCKING & PAVING CO. INC. FOR THE EMERGENCY REPAIR OF STORM AND SANITARY SEWERS WITHIN THE CITY OF ROCKY RIVER FOR A PERIOD OF ONE (1) YEAR NOT TO EXCEED $100,000.00

2^ND READING

Moved by Mr. Hunt, seconded by Mr. Mylen and Mr. Furry, that the rule requiring that Ordinance No. 143-08 be read on three separate days be suspended and that Ordinance No. 143-08 be placed upon its passage:

Discussion: Mr. Hunt explained that this ordinance is being passed in preparation for work which may be needed for capital projects in the street repaving season. There is no reason to delay so that the contract will be in order before the spring and beginning of construction season.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Shepherd, that Ordinance No. 143-08 be passed as read:

Discussion: Mr. Linden also discussed this ordinance last week. These funds are used only for emergency repairs as needed, but the contract must be in place in case an emergency repair of storm or sanitary sewers arises.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 1-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF PUBLIC SAFETY SERVICE TO ENTER INTO AN AGREEMENT WITH TRANSYSTEMS FOR RIGHT OF WAY ACQUISITION SERVICES AT A COST NOT TO EXCEED $34,911.00

1^ST READING

Mr. Hunt indicated that this ordinance will be discussed at next week's meeting of the Committee-of-the-Whole. Maps have been distributed by Director Linden indicating locations where rights-of-way are required for the second phase of the Lake Road project. Although the first portion of the project has not yet begun, and the second portion is not scheduled until next year, right-of-way issues need to be resolved at this time.

MISCELLANEOUS BUSINESS:

Mr. Moran reminded Council members that next week's meeting will be on Tuesday, January 20 in observance of Martin Luther King Jr. Day on Monday.

AUDIENCE PARTICIPATION: NONE

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

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council