CITY OF ROCKY RIVER

MARCH 24, 2008

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

Council Members Present: Mr. Shepherd, Mr. Mylen, Ms. Arabian, Mr. Long Absent: Mr. Moran, Mr. Hunt, Mr. Furry

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

Law Director: Mr. Bemer

Press: Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Long, seconded by Ms. Arabian, that the reading of the minutes of the meeting of the Committee-of-the-Whole of March 17 be waived, and that the minutes be accepted as submitted.

Vote: Shepherd - aye Mylen - aye Arabian - aye Long - aye

4 ayes 0 nays PASSED

MAYOR'S REPORT:

The 2007 report from the Cuyahoga County Board of Health has been received and disseminated to Council. It contained much important documentation, and the Mayor noted that it was consistent with the City's contract with the Board to provide health services to the community.

The Marine Patrol has received a grant of more than $27,000 from the Ohio Department of Natural Resources in support of its efforts.

Today, the Cuyahoga County Solid Waste District notified the City that it has been awarded a grant to update its recycling brochure. The Mayor extended thanks to Mary Kay Costello of Director Linden's office whose efforts resulted in the grant, assisted by Heather Wagner of the Office of Economic and Community Development.

Representatives of the Central Collection Agency (CCA) will be at the Don Umerley Civic Center this Saturday from 9 a.m. until noon to assist residents with their city income tax forms. Other dates have been announced and are on the City's website.

The Recreation Department's brochure is in the mail and should arrive at residents' homes shortly.

Regarding the Quiet Zone, the Mayor reported that she has received preliminary information from Kim Kerber of Mackay Engineering concerning the effect of raising the train traffic count to eight in the FRA calculator. This is the figure submitted by Norfolk-Southern. The Nationwide Significant Risk Threshold (NSRT) is just over 19,000. Without any Supplemental Safety Measures (SSM), Rocky River's risk index at eight trains per day is 20,719. If a SSM (four quadrant gates) were to be placed at Wagar Road, which has the highest vehicular traffic, the City's risk index would fall to 15,753, well below the NSRT.

• The Mayor also commented that today's Chronicle-Telegram reports that Vermilion has received a check for $1 million from the Department of Transportation to establish a Quiet Zone. Those funds will be used to install four quadrant gates at four crossings. The article acknowledges that "national rail carriers and railroad corporations have not been the easiest to work with". The Mayor recalled that she has had conversations with Congressman Kucinich's office and the FRA in the past regarding grants for crossing safety, and has been told that Rocky River would not be a funding priority due to the limited number of trains passing through the City. The article goes on to indicate that over the past five years, freight train traffic through Vermilion has ballooned from an average of 25 trains per day to over 100 trains per day.

The latest report from the railroad indicates that Rocky River's train traffic averaged 2.1 trains per day in February, with a high of four trains. This is consistent with past reports which have had many more months with two to four trains, and none near eight.

The Mayor also stated that she will request a Special Meeting to consider various legislative matters on April 7. Next week is a fifth Monday so Council will not be in session until April.

Discussion: Mr. Mylen asked what would happen if the Quiet Zone is established and subsequently, train traffic increases. The Mayor said that the Zone is monitored on an annual basis and if standards are not met, the Quiet Zone is rescinded. She asserted that the City would, for safety, find it important to carefully watch the zone.

LAW DIRECTOR'S REPORT:

The Charter Review Commission is moving forward and has discussed the first three articles successfully: Administrative, Mayor and City Council. Next to be considered are Administrative

Departments, Article IV, including Finance. The discussion is scheduled for this Thursday evening at 7:00 p.m.

Stormwater management legislation is also moving forward. Mr. Bemer will meet with the City's consultant to discuss available options.

COMMITTEE REPORTS:

Parks and Recreation Committee: Ms. Arabian indicated that she had attended the last meeting of the Parks and Recreation Commission. She reported that new programs will be added to the spring and summer programs including snorkeling and scuba diving classes, which will be conducted by an outside group.

As a part of U.S. Communities, Recreation Director Patterson has discussed with Game Time the purchase of items for the City Hall playground area. The firm will prepare and submit a design for the area which is need of renovation.

AUDIENCE PARTICIPATION: NONE

AMENDED ORDINANCE NO. 100-07 BY JAMES MORAN/ JOHN B. SHEPHERD

AN ORDINANCE TO AMEND PART NINE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, OHIO TO INCLUDE A NEW CHAPTER 913 TITLED RIGHTS OF WAY ADMINISTRATION

Moved by Mr. Shepherd, seconded by Mr. Mylen, that Amended Ordinance No. 100-07 be withdrawn.

Discussion: As discussed at the meeting of the Committee-of-the-Whole, a replacement ordinance, 36-08 has been prepared because of substantial changes which were necessary to the exhibit. It will be referred to the Planning Commission for discussion.

Vote: Shepherd - aye Mylen - aye Arabian - aye Long - aye

4 ayes 0 nays PASSED

MOTION:

Moved by Ms. Arabian, seconded by Mr. Shepherd, that Ordinance No. 24-08 be amended by substitution.

Discussion: This amendment will reflect the acquisition of the original bidder by O.P. Aquatics which will abide by the terms of the original bid.

Vote: Shepherd - aye Mylen - aye Arabian - aye Long - aye

4 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 24-08 BY ANJANETTE C. ARABIAN

AN AMENDED EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE POOL CHEMICALS FOR THE RECREATION DEPARTMENT POOLS FROM O.P. AQUATICS

2^ND READING

ORDINANCE NO. 33-08 BY ANJANETTE C. ARABIAN

AN EMERGENCY ORDINANCE AUTHORIZING 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

2^ND READING

ORDINANCE NO. 35-08 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 DOWN TO EARTH LANDSCAPING INC., IN AN AMOUNT NOT TO EXCEED $47,995.60

1^ST READING

Mr. Long indicated that this ordinance will be considered at the Special Meeting, scheduled for April 7. These trees will be planted on tree lawns in the City based upon the tree plan as determined by the Beautification Committee.

ORDINANCE NO. 36-08 BY JOHN B. SHEPHERD

AN ORDINANCE TO AMEND PART NINE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, OHIO TO INCLUDE A NEW CHAPTER 913 TITLED RIGHTS OF WAY ADMINISTRATION

1^ST READING

Mr. Shepherd indicated his intention to refer this ordinance to the Planning Commission for discussion at its next meeting.

ORDINANCE NO. 37-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH MACKAY ENGINEERING AND SURVEYING COMPANY FOR PROFESSIONAL CONSULTING ENGINEERING SERVICES, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mayor Bobst commented on the proposed renewal of a contract with Mackay Engineering and Surveying. She noted that the cost increase is 2.75%, which is what was received by all City employees. The Mayor commented that this has been an excellent contract: projects have moved forward smoothly; cost savings have been realized and grant application assistance has been invaluable. The Administration recommends moving forward with this contract renewal.

ORDINANCE NO. 38-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CUYAHOGA SOIL AND WATER CONSERVATION DISTRICT AND THE CITY OF ROCKY RIVER, ATTACHED HERETO AS EXHIBIT "A"

1^ST READING

Mr. Long indicated that this memorandum is concerned with construction sites and stormwater runoff. He turned to the Mayor who explained that the City has been working with this organization for a stormwater management program. There were minimum control measures 1 and 2 enacted in July, 2007, called PIPE ordinances (Public Information and Public Education). The Administration worked closely with the Stormwater Management Committee on accomplishing those objectives. This is a companion ordinance which provides for the inspection of sites being developed or re-developed in the City. This will coincide with the ordinance passed last year and both will be renewed through December 31 of this year. In this case, costs are forwarded to the developers; there is no cost to the City.

ORDINANCE NO. 39-08 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE STREET ZONE MARKING PAINT FOR THE CITY OF ROCKY RIVER FROM THE SHERWIN-WILLIAMS COMPANY AT A COST NOT TO EXCEED $30,000

1^ST READING

Mr. Shepherd ascertained that this ordinance will supply paint as needed, up to a cost of $30,000. The price is $7.80 a gallon which he said is economical by today's standards. Mr. Linden confirmed that the price has not changed from last year.

ORDINANCE NO. 40-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY SERVICE TO ENTER INTO A CONTRACT WITH UTILICON CORPORATION FOR THE GASSER BOULEVARD WATER MAIN REHABILITATION PROJECT AT A COST NOT TO EXCEED $159,843.00

1^ST READING

Mr. Long turned to Director Linden who explained that this rehabilitation project is necessary before the street is paved. Fortunately, the water line does not need replacement; it can be relined. This is a separate project from the construction of the street and separate bids must be placed for the work.

ORDINANCE NO. 41-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOUR (4) REFUSE SCOOTER VEHICLES FROM BAKER VEHICLE SYSTEMS AT A TOTAL NET COST NOT TO EXCEED $107,936.00

1^ST READING

Mr. Mylen noted that this purchase, added to previous purchases of used scooters, will raise fleet numbers to where they should be. Mr. Mylen indicated that he will propose consideration at the Special Meeting because Mr. Linden said that it will be 90 days before the City can take delivery, and he would like to start the process as soon as possible.

ORDINANCE NO. 42-08 BY ANJANETTE C. ARABIAN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2008 PROPANE POWERED ZAMBONI FOR THE RECREATION DEPARTMENT FROM CHARLES R. MUELLER & SONS AT A COST NOT TO EXCEED $80,790.00

1^ST READING

Ms. Arabian pointed out that this item will require 200 days to deliver following purchase. Therefore, she said she would like to have it ordered as soon as possible. Director Linden noted that the machine being replaced is 40+ years old; the other was purchased when he was in high school. Ms. Arabian commented that although $90,000 was budgeted for this purchase, the actual cost will be $80,790.

Mr. Long explained that this meeting has varied from normal Legislative Meetings because there are no motions to suspend rules or pass legislation. This is because only four Council members are present this evening.

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

Carol Benyo, 22671 Briscoe Drive extended many, many thanks to the Service Department workers for their work during the past month. With the weather experienced by the City, they had an impossible job, and she said they did a fantastic job.

She also offered a suggestion: from November or December 1 until April 1, if residents are asked to place their rubbish on the tree lawn, near accidents to scooters could be avoided when residents did not clear their driveways.

• Mr. Linden responded that those who called in were asked to bring their rubbish to the curb, if possible. All rubbish was collected if workers could navigate the driveways.

Mr. Long reminded everyone that Council will not meet next Monday because it is the fifth Monday of the month. The next meeting will be on April 7.

As there was no further business by members of Council, the meeting was adjourned at 8:34 p.m.

_____________________________ _______________________________

Thomas T. Long Misao Kurokawa

Acting President of Council Clerk of Council