DRAFT

CITY OF ROCKY RIVER

MARCH 28, 2005

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. Potterfield, Mrs. Bartolozzi, Mr. Hagan,

Mrs. Bobst

Absent: Mr. Frost, Mr. Hurtuk

Administration: Mayor Knoble, Mr. Linden

Assistant Law Director: Mr. Hotz

Press: Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance. Mrs. Bobst announced that the meeting was being recorded.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hagan, that the reading of the minutes of the Legislative Meeting and Public Hearing of March 14, and the meeting of the Committee-of-the-Whole and Public Hearing of March 21 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Bartolozzi - aye

Hagan - aye Bobst - aye

5 ayes 0 nays PASSED

MAYOR'S REPORT:

On Thursday, March 31, the City will begin its annual program to help residents prepare their 2004 City Income Tax returns. CCA representatives will be in the lobby of the Don Umerley Civic Center to provide assistance on a first-come, first-served basis. The dates of the program are: Thursdays, 3/31 and 4/7 from 1:00 p.m. to 8:00 p.m. and on Saturdays, 4/2 and 4/9 from 9:00 a.m. to noon.

A newsletter, "On the Land" has been received from the Cuyahoga Soil and Water Conservation District. Included in the newsletter were education updates, the District's annual report, a recap of the Annual Meeting and new programs. Additional copies will be available in the reception area for interested residents. The Mayor noted that this agency does work with the City in its stormwater management plan and for construction sites with a potential runoff.

The Mayor also distributed to Council members a copy of an e-mail received from a business owner and non-resident of our City, James Lindon, who expressed concern that the new pool rules will exclude non-residents who work in the City.

A letter was received from Cox Cable with the Community Annual Report. Included was the information that Cox paid more than $123,200 in franchise fees to the City, provided many free services to the schools and the City, and contributed to civic, cultural and education organizations as well as paying wages to local employees. The Mayor added that the franchise fees have been designated for the Parks and Recreation department. He indicated that questions remain for the future as technology enables others to provide television services. While that may be beneficial to consumers, the Administration will monitor how that affects franchise fees.

A position is open as an alternate on the BZA which is composed of five regular members and two alternates, all of which are appointed by the Mayor. He indicated that he is seeking a resident with an architectural or engineering certification because at least three members are required to have this background. Any qualified resident interested in the position should call the Mayor's office. Council members are also invited to nominate candidates.

The West Life has changed its staffing, and Brad Miklosovic, editor and Rocky River's representative, is no longer with the newspaper. His replacement is Jim Konkoly, formerly of the Sun Newspapers.

Finally, the Mayor noted that in reviewing the agenda, he had concluded that Mr. Thomas' attendance at tonight's meeting would not be necessary since the Finance Director has many other special duties at present, including working with the auditors.

LAW DIRECTOR'S REPORT: NONE

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mrs. Bobst announced that Council has received notification by the Liquor Control Commission that the appeal of Varney Enterprises will be held on April 19 at 11:30 a.m. in Columbus. She indicated that Mr. Matty is aware of the date and will keep Council informed of developments.

An annual report for 2004 has been received from the Cuyahoga County Board of Health. This report outlines the depth and breadth of the agency's services to the City.

AUDIENCE PARTICIPATION: NONE

RESOLUTION NO. 133-04 BY EARL W. POTTERFIELD

A RESOLUTION ADOPTING A COMPREHENSIVE GENERAL PLAN KNOWN AS THE ROCKY RIVER MASTER PLAN

The Master Plan review by the Planning Commission should be finished shortly, and Mr. Potterfield hopes to have their complete recommendations in April. Those will then be referred to the Planning, Zoning and Economic Development Committee of Council, and Mr. Potterfield hopes to schedule a meeting for further discussions in April.

ORDINANCE NO. 2-05 BY EARL W. POTTERFIELD

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NOS. 301-17-001, 301-17-005, 301-17-006 AND 301-17-018 FROM THEIR PRESENT CLASSIFICATION OF LOCAL BUSINESS TO MULTI-FAMILY (MF-R5), AS FURTHER DESCRIBED IN EXHIBIT "A"

Because of the absence of two Council members and the developer's representative, Mr. Potterfield indicated that this ordinance will be read for the third time and considered for passage at the next Legislative Meeting.

ORDINANCE NO. 32-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING CHAPTER 1321 ENTITLED "PERMIT, INSPECTION AND LICENSE FEES", OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, BY ADDING A NEW SECTION 1321.10, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

This ordinance will be discussed at the next Committee-of-the-Whole and read for the third time at the next Legislative Meeting.

ORDINANCE NO. 35-05 BY BRIAN A. HURTUK

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CIUNI & PANICHI, INC. FOR PROFESSIONAL ACCOUNTING SERVICES AT A COST NOT TO EXCEED $24,500 AND DECLARING AN EMERGENCY

2^ND READING

Both this ordinance and the one which follows have been discussed at the last Committee-of-the-Whole. A memo by Mr. Thomas explained the need for this firm to perform the audit usually done by a team from the State Auditor's office.

ORDINANCE NO. 36-05 BY BRIAN A. HURTUK

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CIUNI & PANICHI, INC. FOR PROFESSIONAL ACCOUNTING SERVICES AT A COST NOT TO EXCEED $4,500 AND DECLARING AN EMERGENCY

2^ND READING

See discussion for Ordinance No. 35-05 above.

ORDINANCE NO. 40-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1143.03 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "SCHEDULE OF AREA, YARD AND HEIGHT REQUIREMENTS", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Potterfield indicated that this ordinance has been referred to the Planning Commission for consideration at its next meeting.

ORDINANCE NO. 41-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1321.03 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, OHIO ENTITLED "INSPECTION FEES", AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

2^ND READING

This ordinance will be further discussed at next week's meeting of the Committee-of-the-Whole. It will have a third reading at the next Legislative Meeting.

ORDINANCE NO. 43-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE PRINTING SERVICES FOR THE CITY OF ROCKY RIVER FOR THE SECOND YEAR OF A TWO YEAR CONTRACT NOT TO EXCEED $60,000.00 PER ANNUM FROM ADMIRAL PRODUCTS, INC.

1^ST READING

Mr. Hagan commented that this ordinance has been discussed at the last Committee-of-the-Whole and he anticipates that it will be placed on the Consent Agenda for April 11.

ORDINANCE NO. 44-05 PAMELA E. BOBST

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO THE FOURTH YEAR OF AN EIGHT (8) YEAR BEVERAGE SERVICE CONTRACT WITH PEPSI COLA

GENERAL BOTTLERS, INC. FOR THE ROCKY RIVER RECREATION DEPARTMENT AND VARIOUS OTHER LOCATIONS AS DESCRIBED IN EXHIBIT "A"

1^ST READING

This ordinance also was discussed last week. Mrs. Bobst commented that it is a straightforward contract accepted in 2001. Mr. Thomas has requested that this ordinance be on file to confirm its renewal. Barring any new information, Mrs. Bobst requested that, in her absence next week, it be placed on the Consent Agenda for April 11.

ORDINANCE NO. 45-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE ACCEPTING A STANDARD EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A WATER MAIN FOR THE PURPOSE OF SUPPLYING WATER SERVICE TO THE GRAND VIEW SUBDIVISION IN THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

This ordinance was also discussed. Mr. Potterfield noted that it is a straightforward standard easement to supply water service to a new subdivision.

ORDINANCE NO. 46-05 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE A LAPTOP COMPUTER FOR THE RECREATION DEPARTMENT FOR USE AT THE ENTRANCE OF THE OUTDOOR POOL AREA, UNDER THE STATE COOPERATIVE PURCHASING ACT FROM DELL COMPUTER AT A TOTAL COST NOT TO EXCEED $1,954.64

1^ST READING

Mrs. Bartolozzi indicated that this is a planned purchase which was included in the 2005 budget. It will be purchased under the State Cooperative Purchase Act and can be further discussed next week, if necessary.

MISCELLANEOUS BUSINESS:

The final results from the Tree Lawn Tree Survey have been compiled, and the City will order 178 trees, having received 299 responses with 49 properties already having trees on the tree lawn. Mrs. Bobst remarked that the March 2005 issue of American City and County has an article on the value of tree inventories to the community.

At future meetings, Council will consider draft resolutions opposing federal funding cuts in the Community Development Block Grant program (CDBG). Washington now proposes combining the CDBG with other programs to create one large program dispersing $3.7 billion. This will result, however, in $1 billion less being allocated for this program. Our city and neighboring cities have received these grants, distributed through the County, although cities like Lakewood and Parma receive grants directly from the federal government.

Mr. Gollinger commented that last Friday, in assisting a neighbor, he had occasion to call the Police Department and the Fire Department's rescue squad. He observed that those who responded were very, very professional, doing their jobs and making the individual feel comfortable and transporting her to the hospital. He asked the Mayor to relay his compliments to both the Police Chief and the Fire Chief.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:29 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 28, 2005. These minutes may be amended or revised at the next Legislative Meeting.