DRAFT
CITY OF ROCKY RIVER
MARCH 13, 2006
Regular meeting of Council was called to order by Mrs. Bobst, President of Council, at 8:00 p.m.
Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas, Mr. Patterson
Law Director: Mr. Bemer
Press: Mrs. McKenzie
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the reading of the minutes of the Legislative Meeting of February 27, and the meeting of the Committee-of-the-Whole of March 6 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Mrs. Bobst was pleased to present the Community Challenge Challenger Cup trophy to the City whose players defeated the team from the middle school. Representing Council on the team were Mr. Hagan and Mr. Moran with Mrs. Bartolozzi cheering. The Mayor then presented the cup to Mr. Patterson, Director of Recreation.
At this point, Mrs. Bobst adjourned the meeting for a Public Hearing on Ordinance No. 12-06, the 2006 Budget. The meeting was reconvened at 8:11.
MAYOR'S REPORT:
The Beautification Committee met last week and saw a demonstration of an electronic computer-controlled sign which could replace the sign in front of City Hall. The sign received a unanimous vote of approval by members of the Committee who felt that it would be an improvement over the present sign with its manually set letters. The sign features some graphics in addition to letters and can be programmed so that community events can be publicized.
Last Thursday, the Mayor attended a Council of Governments (COG) meeting and heard a representative from the County Auditor's office, James R. Hopkins who is director of the Appraisal Department. Mr. Hopkins explained that 2006 is a reappraisal year which means that it can have a significant effect on City revenues, plus or minus. During this year, every house in the county will be visited and reappraised as to condition and sales value. The meeting featured a lengthy discussion of the auditing process. Before actual reappraisal numbers are issued, cities will be kept informed of their situations. The Mayor noted that this reappraisal should not be confused with the flat percentage change made across the community during off years.
With warmer weather, some residents have been raking and piling leaves on the tree lawns. The Mayor explained that the City really does not have a leaf collection program in the winter and asked residents to place the leaves in paper bags on the tree lawn on rubbish day for pickup. If residents have a significant amount, they may call the Service Commissioner for a special pickup, but leaf collection service does not normally operate at this time of year.
A newsletter was received from RTA explaining the necessity for an increase in rates this year. Public meetings will be held at a variety of locations for community input.
LAW DIRECTOR'S REPORT:
Last week the Law Director conducted a successful negotiation which resulted in the resolution of a land use violation which had gone to the 8th District Court of Appeals. He was assisted by Mr. Beirne, the Building Commissioner, and was able to provide a resolution that satisfied both the resident and the City.
The approval process for Lowe's at Westgate is continuing. Mr. Bemer commended the members of the BZA for their diligence, thoroughness and patience as they went through the variance procedure. The matter is ready to return to the Planning Commission.
Discussion: Mr. Gollinger asked if Mr. Bemer had had time to research the question of a definition of "lobbyist". Mr. Bemer responded that he had, and referring to the Ohio Revised Code, was able to clarify the point for Mr. Gollinger.
COMMITTEE REPORTS:
Finance Committee: Mr. Hurtuk indicated that the minutes for three meetings of his committee have yet to be discussed and accepted.
MOTION:
Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the reading of the minutes of the Finance Committee of December 12, 2005, February 16 and February 27, 2006 be waived and that the minutes be accepted as submitted.
Discussion: Mayor Knoble stated that in the minutes of February 16, there are two references to the fact that the budget of the Law Director was submitted with the approval of the Administration. The Mayor said that in this regard, his office is totally neutral, being neither for nor against the changes; this issue is between Council and the Law Director, and it is not his issue for approval or disapproval. He asked that the minutes be footnoted with this clarification.
The vote was taken to accept the minutes with the clarification for February 16.
Vote: Hurtuk - aye Gollinger - aye Hagan - aye Bobst - aye
4 ayes 0 nays PASSED
Safety Committee: Mr. Moran announced that the Safety Committee will meet next week at 7:00 p.m. The agenda will be posted, and the public is welcome to attend.
Planning and Zoning and Economic Development Committee: Mr. Gollinger indicated that he will make a roster of dates for members of the committee to attend meetings of the boards and commissions. He attended the last BZA meeting during which there was a good deal of discussion about Lowe's. It was passed with some modifications. He felt that it was a good open forum, and following discussion, the variances were basically granted. Mr. Gollinger then commented that he will discuss the issues of Treat's Pizzeria at the next meeting of the Committee-of-the-Whole.
COMMUNICATIONS AND ANNOUNCEMENTS:
Mrs. Bartolozzi announced that the Parks and Recreation Commission will meet on Wednesday at 8:00 a.m.
Mr. Hagan has received an unsigned e-mail concerning an unregistered sex offender. Because it was unsigned and contained several errors, the Law Director felt it would be prudent not to mention names. The matter will be referred to the Police Department.
Next week, beginning at 8:00 p.m. at the Committee-of-the-Whole representatives of AT&T will attend to discuss Project Lightspeed and the buildouts necessary for that project.
The Recreation Department's Ice Show will be held on March 25 and 26.
AUDIENCE PARTICIPATION: NONE
ORDINANCE NO. 12-06 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE TO MAKE APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2006 AND TO REPEAL ORDINANCE 181-05
1ST READING
This ordinance, which outlines the budget, will have its third reading on March 27 when it will be considered for passage.
ORDINANCE NO. 13-06 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE CREATING POSITIONS AND FIXING THE ANNUAL SALARIES AND HOURLY RATES FOR THE APPOINTED EMPLOYEES IN THE SEVERAL DIVISIONS AND DEPARTMENTS OF THE CITY OF ROCKY RIVER
1ST READING
This ordinance is a companion for Ordinance No. 12-06. See discussion above.
MOTION:
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that Ordinance No 27-06 be amended as to the exhibit.
Discussion: The amendment would allow additional material, received in March, to be added to the exhibit.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
AMENDED ORDINANCE NO. 27-06 BY BRIAN F. HAGAN
AN ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH URS CORPORATION FOR GEOTECHNICAL SERVICES AT A COST NOT TO EXCEED $58,120.00
1ST READING
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Amended Ordinance No. 27-06 be read on three separate days be suspended, and that Amended Ordinance No. 27-06 be placed upon its passage:
Discussion: This ordinance was discussed at the last meeting of the Committee-of-the-Whole. Mr. Hagan explained that it is another part of a possible re-engineering of the sharp curve which enters the Yacht Club basin. This project may last some time, as its object is to assess movement, so Mr. Hagan felt it should begin as soon as possible
Mayor Knoble explained that the situation has been reviewed for 20 years, both by the City and the regional Planning Commission. Other plans have been proposed and the road has been reviewed in every possible way. Finally, an engineering firm was hired after the City had acquired property, and a feasibility study was completed. That study said that a proposed road is the best answer to the movement of large vehicles into the area. In order to do any work, it is necessary to know whether or not the hill is moving. The City has already invested approximately $750,000 including the acquisition and demolition of four houses and the feasibility study. To not move forward at this point would be counter-productive to the residents.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Gollinger, that Amended Ordinance No. 27-06 be passed as read:
Discussion: Mr. Frost thanked the Mayor for his concise summary. He added that the project was not only a question of redevelopment or esthetics, but the main issue of safety. Every vehicle must enter from this road, and large fire pumpers cannot make the turn. Action is necessary, and safety concerns must be addressed. He urged passage of the ordinance.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 29-06 BY FRANK B. GOLLINGER
AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 301-15-018 & NO. 301-15-019 FROM ITS PRESENT CLASSIFICATION OF OFFICE (O-2 50') TO SERVICE MANUFACTURING IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Mr. Gollinger indicated that the properties in question are located at Smith Ct. and Ingersoll. After this reading, the ordinance will be remanded to the Planning Commission for consideration at its next meeting.
ORDINANCE NO. 33-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT WITH FABRIZI TRUCKING & PAVING CO., INC. FOR THE REPAIR OR REPLACEMENT OF AN UNDETERMINED NUMBER OF DAMAGED FIRE HYDRANTS WITHIN THE CITY OF ROCKY RIVER FOR A PERIOD OF ONE (1) YEAR NOT TO EXCEED $25,000.00 AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi and Mr. Hurtuk, that the rule requiring that Ordinance No. 33-06 be read on three separate days be suspended, and that Ordinance No. 33-06 be placed upon its passage:
Discussion: This is an annual housekeeping ordinance which provides for repair or replacement of fire hydrants which are damaged or destroyed by motorists.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 33-06 be passed as read:
Discussion: Director Linden noted that the City has no idea how much will be spent at this point, but when damage occurs, hydrants must be restored immediately. Each hydrant costs about $2000.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 34-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE TREE LAWN TREES FOR THE CITY OF ROCKY RIVER FROM PERFECTURF, INC. IN AN AMOUNT NOT TO EXCEED $40,000.00
1ST READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 34-06 be read on three separate days be suspended, and that Ordinance No. 34-06 be placed upon its passage:
Discussion: This ordinance must be passed immediately so that the trees can be planted soon. The ideal planting time will begin on March 15.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi and Mr. Gollinger, that Ordinance No. 34-06 be passed as read:
Discussion: Mr. Linden explained that together with Mrs. Costello and Mr. Reyes, he had met with this firm to review requirements, and found that they were most reasonable. They have worked with Lakewood which found them satisfactory. He was anxious to get the process started because this is an optimum time for tree planting.
Mr. Gollinger asked if the trees are guaranteed. Mr. Linden said that except for diseases, they are not, because the watering cannot be controlled, but we can reject any tree that is unsatisfactory.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 35-06 BY JAMES W. MORAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO CONTRACT WITH ABCO FIRE PROTECTION, INC. FOR THE GENERAL MAINTENANCE AND EMERGENCY REPAIR OF FIRE SUPPRESSION SYSTEMS WITHIN BUILDINGS OWNED BY THE CITY OF ROCKY RIVER FOR A PERIOD OF ONE (1) YEAR NOT TO EXCEED $20,000.00 PER YEAR
1ST READING
Moved by Mr. Moran, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 35-06 be read on three separate days be suspended, and that Ordinance No. 35-06 be placed upon its passage:
Discussion: The work for this ordinance was prepared by Fire Prevention Officer Crowe who reviewed past expenses, past contracts, and past pricing. This provider, ABCO, was the lowest for the products that we use. Mr. Linden asked for passage so that the contract would be ready when needed. Mr. Moran said that he saw no reason to delay, as Mr. Crowe did a thorough job.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Frost, that Ordinance No. 35-06 be passed as read:
Discussion: See discussion above.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCES AND RESOLUTIONS UNDER CONSENT
ORDINANCE NO. 24-06 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN UNDETERMINED NUMBER OF T-SHIRTS FOR THE CITY OF ROCKY RIVER FROM NATIONAL SCREEN PRODUCTIONS FOR ONE YEAR
2ND READING
Mrs. Bartolozzi noted that this company has been used in the past, and offered the best and lowest bid.
ORDINANCE NO. 25-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH AKE LABORATORY, INC. FOR THE 2006 SEWER TELEVISING PROGRAM IN AN AMOUNT NOT TO EXCEED $70,750.00
2ND READING
This is a housekeeping ordinance for the filming of sewers. This is a new company which comes highly recommended by the City's engineering consultant.
ORDINANCE NO. 26-06 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AMENDING CHAPTER 951 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "CITY SWIMMING POOL", AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
2ND READING
Mrs. Bartolozzi indicated that pool fees have traditionally been evaluated and increased every two years. No questions have been raised since the last discussion at the meeting of the Committee-of-the-Whole, and passage is necessary so that the new rates can be included in the spring brochure.
RESOLUTION NO. 28-06 BY FRANK B. GOLLINGER
AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR OR HIS DESIGNEE TO MAKE APPLICATION TO NOACA FOR FUNDING THROUGH THE TRANSPORTATION FOR LIVABLE COMMUNITIES INITIATIVE FOR THE LAKE ROAD CORRIDOR ENHANCEMENT PROJECT
1ST READING
Mr. Gollinger explained that this resolution is a formality required by NOACA for a $75,000 grant application. This grant would underwrite part of the cost of engineering and associated expenses for the Lake Road project.
ORDINANCE NO. 30-06 BY PAMELA E. BOBST
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO REPAIR AND REMOUNT AMBULANCE MODULE RESCUE SQUAD #67 AND TO PURCHASE ONE (1) NEW 2006 FORD E-450 CHASSIS FOR SAID AMBULANCE MODULE FROM PENN CARE MEDICAL PRODUCTS AT A COST NOT TO EXCEED $55,776.00
1ST READING
The EMS vehicle was involved in an accident and seriously damaged. This ordinance will provide that the box be placed on a new chassis. Much of the cost has been reimbursed by the insurance company.
ORDINANCE NO. 31-06 BY PAMELA E. BOBST
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ASSIGN SALVAGE RIGHTS OF THE 2002 FORD ECONOLINE AMBULANCE TO LIFE STAR RESCUE, INC.
1ST READING
As the title suggests, this will assign salvage rights for unneeded parts of the ambulance.
ORDINANCE NO. 32-06 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT FOR THE PURCHASE OF CATIONIC POLYMER FROM STOCKHAUSEN LLC FOR ONE YEAR FOR THE WASTEWATER TREATMENT PLANT AT A COST OF $1.38 PER POUND
1ST READING
Mr. Frost explained in detail how this product dewaters sludge and how Mr. Harrington's tests proved that this supplier is the best and least expensive.
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that the ordinances and resolutions of the Consent Agenda be read on three separate days be suspended, and that the stated ordinances and resolutions be placed upon their passage:
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the stated ordinances and resolutions be passed as read:
Discussion: Mrs. Bobst expressed the City's appreciation to Lakewood which loaned us a spare ambulance until the repaired vehicle was received.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mrs. Bobst announced that Council is accepting resumes and letters of intent for the Ward I Council position which will be vacated by Mr. Frost. The deadline is Friday, March 17 at 4:00 p.m. in the office of the Clerk of Council.
AUDIENCE PARTICIPATION: NONE
As there was no further business by members of Council, the meeting was adjourned at 8:53 p.m.
_______________________________ _______________________________
Pamela E. Bobst Misao Kurokawa
President of Council Clerk of Council
Please note: This is a draft copy of the minutes of the Legislative Meeting of March 13, 2006. These minutes may be revised or amended at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
MARCH 13, 2006
PUBLIC HEARING - AMENDED ORDINANCE NO. 12-06
AN EMERGENCY ORDINANCE TO MAKE APPROPRIATIONS
FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER,
OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2006
AND TO REPEAL ORDINANCE 181-05
The Public Hearing for Ordinance No. 12-05 was called to order by Mrs. Bobst, President of Council at 8:07 p.m.
Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas, Mr. Patterson
Law Director: Mr. Bemer
Press: Mrs. McKenzie
Mrs. Bobst turned to Mr. Hurtuk, Chairman of the Finance Committee, who summarized the budget process of the last six weeks. He explained that this evening's public hearing was an opportunity for members of the community to air their views. This is not, however, the final opportunity as the minutes will be discussed in the Legislative Meeting; then further discussions will be held next week at the Committee-of-the-Whole.
The ordinance will also be on the agenda of the Legislative Meeting of March 27 which will give residents yet another chance to comment if they wish.
AUDIENCE PARTICIPATION: NONE
MOTION:
Moved by Mr. Hurtuk, seconded by Mr. Gollinger and Mr. Hagan, that the Public Hearing for Ordinance No. 12-06 be closed.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Mrs. Bobst commented that the opportunity in two weeks would allow anyone to comment before passage, and she encouraged residents to contact their Council members or come to Council to air their views.
Mr. Hurtuk noted that police and fire salaries remain to be finalized. Some increases have been assumed in the proposed budget, but the final figures are unknown.
As there was no further public comment, the Public Hearing was closed at 8:10 p.m.
___________________________ ______________________________
Pamela E. Bobst Misao Kurokawa
President of Council Clerk of Council
Please note: This is a draft copy of the minutes of the Public Hearing of March 13, 2006. These minutes may be revised or amended at the next Legislative Meeting.