CITY OF ROCKY RIVER

APRIL 7, 2008

The Special Meeting of Council was called to order by Mr. Moran, President of Council at 8:00 p.m.

Council Members Present: Mr. Hunt, Mr. Mylen, Mr. Furry, Ms. Arabian

Mr. Long, Mr. Moran

Absent: Mr. Shepherd

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

Law Director: Mr. Bemer

Press: Ms. Macho, Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

AUDIENCE PARTICIPATION: NONE

AMENDED ORDINANCE NO. 24-08 BY ANJANETTE 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

3^RD READING

Moved by Ms. Arabian, seconded by Mr. Long and Mr. Furry, that Amended Ordinance No. 24-08 be passed as read:

Discussion: This ordinance was discussed at the last meeting.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 33-08 BY ANJANETTE ARABIAN

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

3^RD READING

Moved by Ms. Arabian, seconded by Mr. Long and Mr. Hunt, that Ordinance No. 33-08 be passed as read:

Discussion: Ms. Arabian noted that this is the same company which has provided the service in the past, and that Recreation Director Patterson has been happy with this company.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

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

2^ND READING

Moved by Mr. Furry, seconded by Mr. Long, that the rule requiring that Ordinance No. 35-08 be read on three separate days be suspended, and that Ordinance No. 35-08 be placed upon its passage:

Discussion: As discussed at previous meetings, the planting season is here, and there is no time to lose in passing this ordinance.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Furry, seconded by Mr. Hunt, that Ordinance No. 35-08 be passed as read:

Discussion: Mr. Furry added that Council members had received information from the Safety-Service Director's office as to where tree lawn trees would be planted this year.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

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"

2^ND READING

Moved by Mr. Hunt, seconded by Mr. Long, that the rule requiring that Ordinance No. 37-08 be read on three separate days be suspended, and that Ordinance No. 37-08 be placed upon its passage:

Discussion: Mr. Hunt explained that the contract between Mackay Engineering and the City will expire soon, so the ordinance should not be delayed. Mr. Mackay was present to answer questions.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry and Ms. Arabian, that Ordinance No. 37-08 be passed as read:

Discussion: The contract for the upcoming year beginning April 18 includes a 2.75% increase in the hourly rates for services, the same increase as that of City employees for 2008. The services in the contract are in keeping with past contracts.

Mr. Linden commented that working with Mr. Mackay has been a pleasure; he is professional, and his engineering firm is great. Mr. Mackay is reliable, hardworking, and easy to work with-in short, an asset to the City. Mr. Moran observed that the communication between the engineer's office and the Administration is very strong, and he is pleased that things have run so smoothly since Mr. Mackay became the consultant.

The Mayor reiterated her earlier remarks, noting that the Administration has enjoyed the relationship developed with Mackay Engineering including Michael, but also Kim, Gail and other staff members. They always rise to the occasion. She especially appreciates his input in some of the more difficult decisions; he played a key role in developing the comprehensive sewer maintenance and rehabilitation plan. His help is also invaluable in submitting grant applications.

Mr. Bemer also noted his dependence upon Mr. Mackay's expertise every Tuesday morning as they address the City's needs from sewer projects to stormwater management legislation to the Quiet Zone.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

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"

2^ND READING

Moved by Mr. Furry, seconded by Mr. Hunt and Mr. Long, that the rule requiring that Ordinance No. 38-08 be read on three separate days be suspended, and that Ordinance No. 38-08 be placed upon its passage:

Discussion: This ordinance was discussed at the last meeting.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Furry, seconded by Mr. Long, that Ordinance No. 38-08 be passed as read:

Discussion: As previously discussed.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

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

2^ND READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 40-08 be read on three separate days be suspended, and that Ordinance No. 40-08 be placed upon its passage:

Discussion: Mr. Hunt explained that now that the weather has improved, it is imperative to begin the repair of this water main as soon as possible.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Mylen and Mr. Long, that Ordinance No. 40-08 be passed as read:

Discussion: Mr. Hunt indicated that two bids were received; Utilicon was recommended by Engineer Mackay as the most responsive and best bidder.

Mr. Linden added that this needs to be completed so that the paving can follow.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

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

2^ND READING

Moved by Mr. Mylen, seconded by Mr. Furry, that the rule requiring that Ordinance No. 41-08 be read on three separate days be suspended, and that Ordinance No. 41-08 be placed upon its passage:

Discussion: Mr. Mylen commented that it is important to pass this ordinance so that the scooter fleet will be at full strength.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Mylen, seconded by Mr. Furry, that Ordinance No. 41-08 be passed as read:

Discussion: Mr. Mylen said that the purchase of these scooters is important to maintain the high standards of rubbish collection that residents have come to enjoy and expect. Mr. Linden added that for three years, the City was unable to purchase any of these vehicles.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

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

2^ND READING

Moved by Ms. Arabian, seconded by Mr. Long, that the rule requiring that Ordinance No. 42-08 be read on three separate days be suspended, and that Ordinance No. 42-08 be placed upon its passage:

Discussion: Ms. Arabian indicated that the suspension of rules was necessary because it takes 200 days from the placement of the order to build the Zamboni. In order to have it for next season, the order should be placed as soon as possible.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Ms. Arabian, seconded by Mr. Long, that Ordinance No. 42-08 be passed as read:

Discussion: Ms. Arabian noted that only a few companies build these machines. This is the most reasonable bid because it is from a provider in our region. Mr. Linden noted that the City will probably not purchase another for 30 years.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 43-08 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WHEREBY THE STATE OF OHIO WILL SUPPLY UP TO $27,352.00 FOR THE OPERATION OF THE MARINE PATROL FOR THE YEAR 2008, AND AS FURTHER DESCRIBED IN THE ATTACHED AGAREEMENT

1^ST READING

Moved by Mr. Moran, seconded by Mr. Long, that the rule requiring that Ordinance No. 43-08 be read on three separate days be suspended, and that Ordinance No. 43-08 be placed upon its passage:

Discussion: Mr. Moran commented that passage of this ordinance means that the City will accept an award of $27,352 from the State of Ohio to help fund the Marine Patrol. He suggested that the ordinance should be approved quickly to expedite the process.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Mylen, that Ordinance No. 43-08 be passed as read:

Discussion: Mr. Moran remarked that the City's boat, Argus IV, patrols not only the shores of Rocky River, but also of Lakewood, Bay Village and Avon Lake. It's a great investment in prevention and safety. He said that they make a difference. The additional funding will be welcome.

Mayor Bobst added that under the leadership of Sgt. Carl Gulas, in 2007 the Argus performed more than 500 boat inspections and was involved in 27 search and rescue missions on Lake Erie. Rocky River also participated in the Northern Border Initiative, which meant reimbursement for some expenses for patrolling the northern border together with the Coast Guard and other law enforcement agencies.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 44-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF ROCKY RIVER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF VACANT REAL PROPERTY LOCATED ON WAGAR ROAD IN THE CITY OF ROCKY RIVER, OHIO, FOR THE SUM OF FIVE HUNDRED TWENTY-FIVE THOUSAND DOLLARS,

AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Hunt announced that this ordinance will be discussed at the meeting of the Committee-of-the-Whole which follows this Special Meeting.

ORDINANCE NO. 45-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF ROCKY RIVER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF CERTAIN REAL PROPERTY, LOCATED ON WAGAR ROAD IN THE CITY OF ROCKY RIVER, OHIO, FOR THE SUM OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Hunt noted that this is a companion ordinance to the one preceding and will also be discussed at the meeting of the Committee-of-the-Whole.

As there was no further business, the meeting was adjourned at 8:31 p.m.

__________________________________ _____________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council

CITY OF ROCKY RIVER

APRIL 7, 2008

The Committee-of-the-Whole was called to order by Mr. Moran, President of Council, at 8:31 p.m.

Council Members Present: Mr. Hunt, Mr. Mylen, Mr. Furry, Ms. Arabian,

Mr. Long, Mr. Moran

Absent: Mr. Shepherd

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Press: Ms. Macho, Mr. Saylor

MAYOR'S REPORT:

On Friday, the City submitted a grant application through the Aid to Firefighters Grant program which is a part of Homeland Security, for a City Hall generator to support the Fire and Police divisions, the Court and City Hall. The engineer's estimate of the total cost is $348,000; the grant application was for $100,000, the maximum in that program. Also applied for was $58,500 for turnout gear for firefighters. In reviewing other opportunities to fund the generator for City Hall, the Administration learned that through the Department of Justice, funds are funneled to the Ohio Office of Criminal Justice to fund services for court safety and security. The Mayor will work with Clerk of Courts Comery to send a request to that office for $75,000 to $80,000 for a portion of the generator.

The Fire Department has recently received two MARCS radios from the Cuyahoga County Communications Committee which is a part of the County Emergency Services Board. Each of these radios is valued at $5000.

The Fire Department also has a new website which was designed by students at the high school who put a great deal of time through their technology classes. The site can be accessed through the City's website and updates and revisions will also be provided through the technology class. The Mayor thanked them and Fire Prevention Officer Rob Crowe for their efforts.

Regarding the Lake Road project, to supplement the federal earmark of $2.4 million and the $700,000 to $800,000 provided by the State through ODOT, the City has been notified that a grant of $100,000 has been awarded for pedestrian safety. For that project, all the engineering has been submitted to ODOT and the City is waiting for information concerning bids and the approximate construction date. At present, it appears that it will be in the spring of 2009.

This afternoon, the Mayor and City Engineer Michael Mackay attended an emergency management pre-disaster mitigation grant program seminar which provided an overview of the grant program, primarily focused on mitigating natural disasters, including flooding. Over the next few weeks, the Mayor, Safety-Service Director Linden and City Engineer Mackay will discuss possible projects which are eligible. All projects must be in accord with the County's mitigation plan.

The Mayor has received an analysis of Governor Strickland's job stimulus package, which was a collaborative effort with House Speaker John Husted and Senate President Bill Harris. A number of details are included, such as a ballot issue which will be sent to voters in November. The Mayor said that one of the most important parts of this package for Rocky River is the Ohio Public Works (OPW) Commission that will receive an immediate increase, with approval of the House and Senate, over the next two years, of $400,000,000 of state infrastructure bonds. These dollars will provide grants and interest-free loans, such as the $3 million recently received for the Valley View Sewer Project. The WWTP would also be eligible for improvements. These are additional funds, over and above the $120 million to $150 million OPW currently receives. Another positive is a double cycle of funding, i.e. two cycles within one year, probably in 2009. Copies of the analysis will be distributed to Council members.

D.B. Hartt, the consultant assisting the City in revising the Development Code, started interviews today. Members of the team are talking to Boards and Commissions, members of the Administration as well as Council members. Following completion of the interviews and an analysis of their findings, revision will become a process through the Planning Commission. The Mayor pointed out that it will be a public process, and she encouraged anyone interested in the Development Code to participate in those meetings. The Administration is looking at creating consistency between the Development Code and the Master Plan.

The winter has been hard on roadways in Rocky River, and a great deal of repair and maintenance work needs to be done. Director Linden has already begun work on a plan to address maintenance needs. It could mean that crews will be working long hours to address these needs.

The Mayor referred to a recent article in the Metro section of the Plain Dealer which resulted from an interview with her. Following that interview during which the City's question of the number to be inserted into the FRA calculator was raised, the reporter called to say that she had consulted with a spokesperson at the FRA, Warren Flatau, who indicated that the FRA calculator which determines the risk index, uses the average number of trains. The Mayor subsequently spoke with Mr. Flatau who referred her to Ron Ries, the FRA Director of Grade Crossing and Crossing Safety. She will ask him for an opinion on this question. The City's average of five or less would be much lower than the eight cited by the railroad.

• •Mr. Mylen asked about the difference this lower figure would make. The Mayor said that at five trains, the City would be well below the Nationwide Significant Risk Threshold (NSRT). She was pleased that Mr. Flatau was so encouraging, noting that this community may be able to establish the zone without major expenditure.



• •Mr. Furry asked if closure will be soon on this issue. The Mayor said she would have thought two years ago that the City was close, but now a timeline is an unknown. She added that she remains committed to community awareness, education and safety enhancements, even if the City is not be required to install Supplemental Safety Measures.



• •Mr. Long asked what is keeping the process from moving ahead. Mayor Bobst said that the City provided Norfolk-Southern with a Letter of Intent. The railroad contends that there are eight trains per day, on average, on the tracks which go through the City. The City's documentation, however, generated by the railroad, shows a much lower count. The Mayor's understanding is that they are using the maximum number of trains that could be expected on a given day, but that is not at all the reality. She feels that the FRA must decide how the NSRT is calculated.

Rocky River has once again received the Tree City, USA award from the National Arbor Day Foundation. This represents the 24^th year this distinction has been received. This year, Arbor Day will be celebrated with a tree planting ceremony on Friday, April 25 at 11:00 a.m. in front of City Hall. She encouraged all to attend.

The garlic mustard pull will be Saturday, May 10. This has been a well-attended event and has done a great deal to eliminate that invasive species at Elmwood Park. The pull will be from 10 a.m. until noon.

Parks will be opening this week; many rest rooms have already been opened and equipment will be added this week. The skate park is already open and functioning.

A community shredding event will be held on Saturday, April 26 from 8:30 a.m. until 11:00 a.m. The truck will be outside the Fire Station as usual, and residents are asked to limit their participation to two boxes.

The Police Auction will be held on May 10. A list of items to be auctioned will be posted on the website as the date approaches, and an e-update will be sent.

The Mayor reminded anyone not registered in the e-update program to do so. Addresses submitted are kept in the City's database and are not shared.

Relay for Life opened on Saturday. The actual relay will be held May 23^rd and 24^th, Memorial Day weekend. Teams are forming now, both at City Hall and in the Recreation Department.

The Parks and Recreation Foundation is selling lawn leaf bags, three packages of five (total 15) for $10. They will be available at the Don Umerley Civic Center or the Senior Center.

The Kiwanis Pancake Breakfast is Sunday from 9:00 a.m. until 1:00 p.m.

• •Mr. Moran complimented the Mayor and her administration on their work which uncovered grant funding sources. He thanked them for making the effort and for writing the applications which resulted in additional funds granted to City projects.

UNFINISHED BUSINESS:

Amended Ordinance No. 24-08: Ms. Arabian indicated that this ordinance was passed at the Special Meeting.

Ordinance No. 33-08: Ms. Arabian noted that this ordinance also passed.

Ordinance No. 35-08: Mr. Furry indicated that this ordinance was passed.

Ordinance No. 36-08: Mr. Moran reported that this ordinance, adding right-of-way legislation, has been referred to the Planning Commission and Council is awaiting its recommendation.

Ordinance No. 37-08: Mr. Hunt said that, based upon the fine job done by Mackay Engineering and the recommendation of the Administration, this contract was passed for the coming year.

Ordinance No. 38-08: Mr. Furry indicated that this ordinance was passed.

Ordinance No. 39-08: Mr. Moran indicated that this ordinance was the subject of a discussion led by Mr. Shepherd. Paint will be needed soon, since the weather is warming, and this ordinance should move forward. (Consent Agenda)

Ordinance No. 40-08: Mr. Hunt noted that this ordinance was passed earlier this evening, authorizing the rehabilitation of the Gasser Blvd. water main.

Ordinance No. 41-08: Mr. Mylen indicated that this authorization to purchase four new scooters was passed during the Special Meeting.

Ordinance No. 42-08: Ms. Arabian indicated that this ordinance which will authorize the purchase of a Zamboni passed earlier this evening.

MISCELLANEOUS BUSINESS:

Mr. Moran commented that progress is being made on Grandview, the Chandler development on River Oaks. He thanked Mr. Beirne for his hard work in seeing that the project goes forward.

As mentioned before, D.B. Hartt continues its interviews on the revision of the Development Code. Council President Moran, Councilman Long and Councilman Furry have been interviewed, and Mr. Moran remarked that he is looking forward to the results of their work.

Mr. Moran also expressed pride that the Rocky River High School Choir and Show Choir, under the direction of Ms. Jennifer Yachanin, received two "Superior" ratings at the Duxbury Performing Arts Building in Duxbury, Massachusetts this past weekend.

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 43-88: Mr. Moran indicated that this ordinance, authorizing an agreement with the State of Ohio which will provide partial funding for the Marine Patrol, was passed earlier.

Ordinance No. 44-08: Mr. Hunt explained that this ordinance will authorize the acquisition of vacant real property contiguous and adjacent to the City Hall campus. These parcels consist of three tracts of back land off Wagar Road and are located just beyond the Senior Center. The cost would be $525,000, and Mr. Hunt commented that it would be a great asset to the City.

• •Mayor Bobst added that the property has been available for approximately two years. In the summer of 2006, the property was purchased to be the site of a large development of $450,000-$500,000 homes. That did not move forward, so the property was once more available. The Administration has been working with the realtor and owners to agree on a fair price. The Mayor concluded that the most important purpose of the City in purchasing that property is to control it. This is most of the vacant property next to the Senior Center. The next ordinance is for the purchase of the first home on Wagar, north of the City Hall campus.



• •Mr. Moran confirmed that Council and the Administration have worked a long time on this project, as it is not a step to be taken lightly. It was a great opportunity, however, to obtain such a property which is contiguous to the campus. So many changes have taken place during the past 25 or 30 years which have seen the development of all the facilities for residents that this property presented a once-in-a-lifetime opportunity.

Ordinance No. 45-08: Mr. Hunt explained that this is the companion ordinance that would authorize the purchase of the first house which fronts on Wagar Road, the Wallace home. All the reasons outlined for Ordinance No. 44-08 would apply to this purchase. As a community without a lot of undeveloped land, this is a unique opportunity to control the property adjacent to the City Hall campus.

• •Mr. Furry added that because this is on Wagar Road, acquiring it will increase the access to the other tract.

Ordinance No. 46-08: Mr. Moran pointed out that back in January, 2006, Center Ridge Road was reconstructed by the County. Additional improvements were made, including new sidewalks and curbs which were the responsibility of the City. This ordinance will authorize payment for some of those improvements.

• •Mr. Linden added that the additional costs were incurred for sidewalks, curbs and curb ramps. Although the State of Ohio repaved the road, the City was responsible for these additional improvements, some of which were made to comply with ADA requirements.

Mr. Moran said that since the bill was from 2006, it should be paid promptly. (Consent Agenda)

Ordinance No. 47-08: This ordinance will authorize payment to the Division of Water for the reading of water meters needed by the City for sewer billing. (Consent Agenda)

Ordinance No. 48-08: Mr. Hunt explained that this ordinance, together with the two which follow, are yearly "housekeeping" ordinances and represent bid acceptances for materials needed by the Service Department for repair of winter damage to the City's streets. This ordinance will authorize the purchase of asphaltic concrete.

• •Mr. Linden discussed the prices, noting that asphalt has increased in price because it is an oil-based product; the price of limestone screening is also up, but the price of concrete is lower than last year. (Consent Agenda)

Ordinance No. 49-08: This ordinance will authorize purchase of concrete. See discussion for Ordinance No. 48-08. (Consent Agenda)

Ordinance No. 50-08: This ordinance will authorize purchase of limestone screening. See discussion for Ordinance No. 48-08. (Consent Agenda)

Ordinance No. 51-08: Upon the recommendations of Police Chief Wagner, this ordinance will update Appendix A of Chapter 3 concerning prohibited right turns on red. Mr. Moran recommended that Council members try to visit the locations where changes are proposed. He noted that some changes were recommended by school guards.

• •Ms. Arabian asked if there was discussion concerning times of prohibited turns. At present, the hours are 7:30 a.m. to 4:00 p.m. It has been suggested that the turns be prohibited in two-hour increments when children are walking.



• •Mr. Moran and Mr. Linden agreed. Mr. Linden said that it had been considered because no children go home for lunch. The Administration has checked with schools and school guards, and children do not leave the building at lunchtime, except at the high school where many drive.



• •Mr. Furry mentioned that a constituent had called to recommend allowing turns when children will not be walking because of the high cost of gas.

Ordinance No. 52-08: Mr. Furry explained that this is a companion to Ordinance No. 30-08, passed earlier in the year. That ordinance purchased flow meters. Now there is a need to monitor the results. In response to EPA regulations, an outside company was judged to be the best choice to monitor the flow meters. (Consent Agenda)

• •Mr. Linden added that the payment includes the installation of the meters. Further, if a meter fails, a replacement will be installed until repairs can be made.

Ordinance No. 53-08: This ordinance which authorizes supplemental appropriations, was distributed this evening for discussion.

Mr. Thomas explained the changes made, supplemental to the permanent appropriations already passed.

• •The property purchase contemplated necessitated one change in the Capital Improvement Fund.
• •Changes were also made for playground equipment.
• •Action is included to ratify the accounting treatment of the Estate Tax which was previously discussed during the budget process.
• •Fringe benefit changes reflect the requirement that the City pay PERS on a monthly basis. This has been added to each department.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

As there was no further business by members of Council, the meeting was adjourned at 9:20 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council