CITY OF ROCKY RIVER
JANUARY 26, 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. Mylen, Mr. Furry, Mrs. Arabian Whitman,
Mr. Long, Mr. Moran
Absent: Mr. Shepherd
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 January 12 be waived, and that the minutes be accepted as submitted.
Vote: Hunt - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - abstain Moran - aye
5 ayes 0 nays 1 abstention PASSED
Moved by Mr. Moran, seconded by Mr. Long, that the reading of the minutes of the meeting of the Committee-of-the-Whole of January 20 be waived, and that the minutes be accepted as submitted.
Vote: Hunt - aye Mylen - abstain Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
5 ayes 0 nays 1 abstention PASSED
MAYOR'S REPORT:
The Beautification Committee has been working on the Gateway Beautification Project for some time and is now moving forward with a mailing of the scope and description of the project which was sent to several landscapers. The committee is asking landscapers to partner with the City by designing and landscaping these gateway areas without charge, including the plant materials and is also asking the firms to maintain them. Appropriate signage would be added which recognizes their contributions. Three sites are under consideration:
The letters were sent last week, and Mary Kay Costello, who has worked with the Beautification Committee on this project, has received many questions and expressions of interest. Depending upon the response, several other sites may be added.
The property purchased by the City adjacent to its City Hall campus is being considered for use as a community garden. The Mayor has been in touch with the Ohio State Extension office (OSE) and is now looking for individuals interested in establishing a program for the community. An excellent manual is available from the OSE and outlines procedures for establishing the garden. The Mayor will also contact Lowe's and Home Depot to see if they are interested in working with the City. At this point, the Administration is seeking volunteers to organize the program; anyone interested is asked to call the Mayor's office.
Regarding the liquor permit for Sweet Melissa's, the Mayor has been notified that the permit will be granted on February 6, one month following Council's return of the application without a request for a hearing.
The Mayor then reported on the issue of utility bills for the outdoor pool. Bills were normal for the first season, particularly with the energy efficient equipment which was installed. In September of that year, a transformer and meter were replaced. The next summer, bills rose from their former $25,000 level to $100,000. Director Patterson called CEI which checked the system, concluding that the bills were correct. His colleagues who operated similar pools had bills of $25,000 to $30,000. Due to his persistence, CEI eventually sent an engineer who agreed that there was a faulty meter which was replaced. The Mayor was happy to announce a reimbursement from CEI of $279,000. She thanked Mr. Patterson, Finance Director Thomas, Law Director Bemer and Karen Goodson, the City's liaison at CEI. The amount of the refund was calculated on baseline information from the test meter installed by the engineer.
The Mayor added that Mr. Patterson is also working with Mary Kay Costello, Director Thomas and Director Linden on the City's gas bills. It appears that a savings of almost $3.00 per mcf may be possible.
Discussion: Mr. Mylen asked what happened to the monies which were refunded. The Mayor said they will be credited to the Recreation Utility Fund. The utility first wanted to give the City a credit, but as this came from one department, the City declined. The Mayor also mentioned that the City requested interest on these funds, but the utility said that, per the PUCO, interest does not have to be paid.
Mr. Moran commented that he thought the Gateway Beautification project was a good idea. He also mentioned seeing bridges with gateway announcements. He thought that the bridge across
I-90 at Valley View would be a good location. The Mayor noted that the bridge belongs to ODOT which would have to be consulted.
Mr. Mylen asked if the Senior Center has expressed interest in the idea of a community garden. The Mayor said that Director Calladine has been consulted and is continuing to look for volunteers. There are several individuals interested in having a garden, but a committee must first work on how to formalize arrangements.
LAW DIRECTOR'S REPORT:
Mr. Bemer's office also contacted the state's Division of Liquor Control and the Board of Elections to see how eligibility for Sunday sales is determined. He found that the vote goes with the land. Because there was a positive vote in the past, Sunday sales will be permitted at Sweet Melissa's.
Referring to Councilman Hunt's contact with AT&T, Mr. Bemer stated that he had not yet received a letter, so this morning he called Mr. Spellacy, AT&T's local counsel. They discussed the process that the City and AT&T have undergone during the past three years, including the company's contributions to improve the Bonnie Bank location. They also exchanged their interests in continuing to have a positive working relationship, understanding the service which can be extended to residents, enhancing their offerings with video services which will provide competition, as well as the prospect of some financial inducements for the easements on the City's property. Mr. Spellacy again said he would relay these comments to Mr. Friederichs, the corporate counsel.
A train count for December has been received from Norfolk-Southern indicating that the average was 2.8 trains per day with no traffic on December 24 and 25.
Discussion: Mr. Furry asked if anyone has noticed the stationary train on the tracks in Westlake and Rocky River. Mr. Linden said that, following a resident call, he communicated with the railroad and was told that the train, which carries automobiles, was held there because of slumping car sales and lack of storage area for unsold inventory.
COMMUNICATIONS AND ANNOUNCEMENTS:
Mr. Moran noted the passing of long-time resident Dante Lavelli, a former football Hall-of-Famer and local business owner. His furniture and appliance store was on Center Ridge for many years. Mr. Moran commented that he will be missed and expressed condolences to the family.
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, it will continue on hold until Council has had an opportunity to discuss any correspondence received from AT&T.
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 communication from AT&T.
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"
2ND READING
Mr. Long indicated that this ordinance will again be considered at the meeting of February 17 when a Public Hearing will be held.
ORDINANCES AND RESOLUTIONS UNDER CONSENT:
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
2ND READING
Mr. Hunt explained that these services should be undertaken as quickly as possible as obtaining rights-of-way for the Lake Road Project will take at least six months. These services are needed for the second phase of the project which will begin in 2010, but this work needs to be done now.
ORDINANCE NO. 2-09 BY DAVID W. FURRY
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY SERVICE DIRECTOR TO ENTER INTO CONTRACT FOR THE PURCHASE OF CATIONIC POLYMER FROM POLYDYNE, INC. FOR ONE YEAR FOR THE WASTEWATER TREATMENT PLANT AT A COST OF $1.69 PER POUND
1ST READING
Mr. Furry said that this is a required chemical for the WWTP. Although this is a 19% price increase over last year, Superintendent Harrington is looking for a decrease next year.
ORDINANCE NO. 1-09 BY DAVID W. FURRY
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF PUBLIC SAFETY SERVICE TO PURCHASE TREE LAWN TREES FOR THE CITY OF ROCKY RIVER FROM BIG TREES, INC., IN AN AMOUNT NOT TO EXCEED $19,596.00
1ST READING
Mr. Furry indicated that Big Trees submitted the lowest and best bid, about $2000 less than any other bid. This is the fifth year for the tree lawn program which will include streets from all four wards. The alternate bid will provide trees for Wooster Parkway.
Moved by Mr. Moran, seconded by Mr. Long, that the rule requiring that the ordinances of the Consent Agenda be read on three separate days be suspended, and that said ordinances be placed upon their passage:
Vote: Hunt - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
6 ayes 0 nays PASSED
Moved by Mr. Moran, seconded by Mr. Hunt and Mr. Furry, that the ordinances of the Consent Agenda be passed as read:
Vote: Hunt - aye Mylen - aye Furry - aye
Arabian Whitman - aye Long - aye Moran - aye
6 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Moran noted that he had attended the grand opening of Rocky's River Pour House last week along with the Mayor, Law Director, Assistant Law Director and Councilman Shepherd. He added that Rocky is a nickname for the owner, Rochelle.
AUDIENCE PARTICIPATION: NONE
As there was no further business by members of Council, the meeting was adjourned at 8:34 p.m.
_____________________________ _______________________________
James W. Moran Misao Kurokawa
President of Council Clerk of Council