CITY OF ROCKY RIVER
APRIL 9, 2007
Regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:00 p.m.
in the David J. Cook Council Chambers.
Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mrs. Bartolozzi
Mr. Long, Mr. Hagan
Absent: Mr. Hurtuk
Administration: Mayor Bobst, Mr. Linden, Mr. Thomas
Law Director: Mr. Bemer
Press: Mrs. Mackenzie, Mr. Saylor
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the reading of the minutes of the Legislative Meeting and Executive Session of March 26 be waived, and that the minutes be accepted as submitted.
Vote: Gollinger - aye Moran - aye Hunt - abstain
Bartolozzi - aye Long - aye Hagan - aye
5 ayes 0 nays 1 abstention PASSED
Moved by Mr. Hagan, seconded by Mr. Moran, that the reading of the minutes of the meeting of the Committee-of-the-Whole of April 2 be waived, and that the minutes be accepted as submitted.
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - abstain Long - aye Hagan - aye
5 ayes 0 nays 1 abstention PASSED
MAYOR'S REPORT:
Last week the Mayor met with post office officials. Present at the meeting were Council President Hagan, Mr. Bill Gonzales, manager of the Rocky River Post Office, Mr. Victor Dubina, and Mr. Spencer Hsu, postmaster for the Cleveland area. At the meeting, officials promised to be in touch with the City by the end of April with a plan to address maintenance issues. If nothing is heard, the Mayor will contact them directly, but they were confident that a plan will be presented.
Mayor Bobst also met with Mayor George of Lakewood to discuss the Lakewood Dog Park and their efforts to control the barking. In addition to new signage, Lakewood is pursuing increased enforcement through animal control officers. If a resident hears barking and calls the police, an animal control officer will provide enforcement of the signage. Effective barriers are also being investigated.
The Mayor reminded residents that the final two sessions of taxpayer assistance held by the CCA will be this Thursday beginning at 1:00 p.m. and Saturday, from 9:00 a.m. No appointments are necessary, with residents being assisted in the preparation of their local tax forms in the order in which they arrive at the Umerley Civic Center.
Recreation Director Patterson reported that more than 100 games were played at the recent soccer tournament held at the indoor soccer field. The Mayor noted that this was a boost for Rocky River as the teams and their supporters visited the City.
A new agreement with the Cleveland Water Department has been received today, and will be disseminated to Consulting Engineer Mackay, Safety-Service Director Linden and Law Director Bemer for their review. The Mayor noted that there were some significant changes in the agreement.
In past state legislative updates, the Mayor indicated that she has reported developments in estate taxes and cable franchising. Now eminent domain is the subject of SB7 which is a placeholder bill for a proposal that will revise Ohio's eminent domain statutes. In the current drafting, nine factors are being listed which define blight and these could affect the City's procedures with the property at Bonnie Bank and Wooster and some other properties in the community.
As the bill is presently written, three of the nine factors must be present before a property can be designated as "blighted". This is in the beginning stages, but she observed that some factors in the foreclosure issue are becoming a part of the eminent domain issue.
Ohio Supreme Court Chief Justice Moyer, has discussed mayors' courts. At this time, potential legislation is being reviewed. The Mayor recalled that there had been a call for abolition of mayors' courts by 2006. In Ohio, there are 335 mayors' courts in 69 counties. The state is considering making these courts part of the judicial system with the same reporting and caseload standards as other courts in the system. The bill would require the Attorney General to close any mayor's court which did not meet those standards. Those that did would be called community courts and have an appointed magistrate, rather than the mayor, presiding. The Mayor noted that because Rocky River has a multi-jurisdictional municipal court, this issue is important.
Finally, the Mayor displayed a plaque and congratulated the Finance Director, because for the 19th consecutive year, he and his department have been awarded a Certificate of Achievement for Excellence in Financial Reporting.
LAW DIRECTOR'S REPORT:
On Friday, March 30, Mr. Bemer attended a stakeholders' meeting for the commuter rail process in Lakewood, and heard a speaker from the Arlington-Rosslyn area around Washington D.C. where commuter rail has been implemented. A primary focus in that situation was on the tie-in to the D.C. rail system as well as environmental issues. In that area, 41% of residents use commuter rail, compared to 42% who drive individual vehicles. The remainder walk or ride buses. Another factor in support of commuter rail is that new buildings in that area are being constructed with limited parking spaces. He also discussed the environmental aspect. At that meeting, Mr. Bemer reiterated that Rocky River's primary concern is the pursuit of the Quiet Zone, and this City's interest is in promotion and preservation of the 1998 agreement with Norfolk Southern. As yet, there has been no response from the railroad as to the impact of commuter rail on that agreement. At this point, our city is not a backer of commuter rail.
After reading a newspaper article about Berea's agreement with AT&T, Mr. Bemer spoke with their Law Director, Mr. Greg Sponseller. Their system mirrored what Lakewood had done, with a competitive agreement negotiated and no right-of-way legislation. Although Berea did not have choices in the buildout, consideration will be given. They are satisfied, as they believe in competition, and already have two cable providers. The two Law Directors discussed the future of pending legislation and the future of individual video competitive or cable agreements, both locally and nationally.
The Administration is pursuing a draft of a modification of Chapter 1163, primarily 1163.10 which deals with temporary signage on city property and in the City right-of-way. Mr. Bemer is consulting with Building Commissioner Beirne and Director Linden and hopes to complete a draft addressing temporary signage on the City campus for charitable and for-profit events. At present, he is waiting for further input from the Senior Center, but hopes to have a draft for packets next week.
Discussion: Mr. Hagan confirmed that the mandates of the Board of Elections (BOE) will be observed, i.e. no signage within 100' of doors of voting booths or on tree lawns or yards within the same radius on voting day. Mr. Bemer confirmed, asserting that the legislation will honor the mandates of the BOE, adding that a key portion is intended to be content neutral. Although the First Amendment states that anyone who wishes to carry a sign may do so, there is a prohibition on planting signs on public property, city, state county and federal, e.g. access to freeways.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS: NONE
AUDIENCE PARTICIPATION: NONE
There were no requests by members of Council for changes to the Consent Agenda.
ORDINANCE NO. 6-07 BY FRANK B. GOLLINGER
AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 304-07-073 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL
(1F-R1) TO LOCAL BUSINESS (LB) IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"
Mr. Gollinger noted that this ordinance will continue on hold. Approved minutes from the meeting of the Planning Commission will be available following its next meeting on April 17. There are indications from the architect that the applicant may be planning to withdraw the zoning change request, but no official notification from the applicant or the Building Commissioner have as yet been received.
RESOLUTION NO. 10-07 BY FRANK B. GOLLINGER
AN EMERGENCY RESOLUTION IN SUPPORT OF FEDERAL FUNDING FOR A WEST SHORE CORRIDOR ALTERNATIVES ANALYSIS
This resolution will continue on hold until additional information as discussed is received which may affect the direction of this resolution.
ORDINANCE NO. 31-07 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CITY OF CLEVELAND, DIVISION OF WATER FOR WATER METER READINGS NEEDED BY THE CITY OF ROCKY RIVER IN THE AMOUNT OF $18,730.80
1ST READING
Moved by Mr. Hagan, seconded by Mr. Long, that the rule requiring that Ordinance No. 31-07 be read on three separate days be suspended, and that Ordinance No. 31-07 be placed upon its passage:
Discussion: Mr. Hagan explained that this is an annual ordinance to pay for printouts of water meter readings which are required for the City's sewer billings.
Vote: Gollinger - aye Moran - aye Hunt- aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 31-07 be passed as read:
Discussion: Finance Director Thomas added there is a net increase of one in the bill and the cost per account has remained the same since 2003, when it was decreased.
Vote: Gollinger - aye Moran - aye Hunt- aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 32-07 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CITY OF CLEVELAND, DIVISION OF WATER FOR FIRE HYDRANT WATER NEEDED BY THE CITY OF ROCKY RIVER IN THE AMOUNT OF $17,361.61
1ST READING
Moved by Mr. Hagan, seconded by Mr. Long, that the rule requiring that Ordinance No. 32-07 be read on three separate days be suspended, and that Ordinance No. 33-07 be placed upon its passage:
Discussion: Mr. Hagan explained that this is also an annual bill from the Cleveland Water Department relative to water usage per hydrant. Mr. Thomas added that as to calculation of the bill, the number of hydrants is based on information reported by the Fire Chief, and 993 is the most recent count provided.
Vote: Gollinger - aye Moran - aye Hunt- aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 32-07 be passed as read:
Discussion: Based upon information given previously by Mr. Thomas, Mr. Hagan recommended passage.
Vote: Gollinger - aye Moran - aye Hunt- aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 33-07 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN UNDETERMINED AMOUNT OF CONCRETE FOR THE CITY OF ROCKY RIVER FROM WESTVIEW CONCRETE CORP. AT THE FOLLOWING PRICES: CLASS "C" - $76.50 PER YARD AND 6 SACK - $74.75 PER YARD AND 6.5 SACK AT $77.25 YARD
1ST READING
Moved by Mr. Hagan, seconded by Mr. Gollinger and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 33-07 be read on three separate days be suspended, and that Ordinance No. 33-07 be placed upon its passage:
Discussion: Mr. Hagan commented that this ordinance and the two which follow have been anticipated by the Safety-Service Director so that when weather permits, work on streets can be undertaken. He indicated that there is no reason to delay.
Vote: Gollinger - aye Moran - aye Hunt- aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 33-07 be passed as read:
Discussion: Mr. Linden continued, noting that he has done these housekeeping ordinances for 15 years; 80% of the concrete purchased is used for street repair and roadwork consisting of water leaks and sewer repairs. The other 20% is used for aprons and curbs which are repaired through the year. This necessary work will, hopefully, begin next week. He further pointed out that the price is the same as last year.
Vote: Gollinger - aye Moran - aye Hunt- aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 34-07 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN UNDETERMINED AMOUNT OF LIMESTONE SCREENING FOR THE CITY OF ROCKY RIVER FROM C & S LIMESTONE, LTD. AT THE FOLLOWING PRICES: $13.95/TON FOR CRUSHED SCREENING AND $16.00/TON FOR #57 SCREENING
1ST READING
Moved by Mr. Hagan, seconded by Mr. Moran, that the rule requiring that Ordinance No. 34-07 be read on three separate days be suspended, and that Ordinance No. 34-07 be placed upon its passage:
Discussion: This is another housekeeping ordinance necessary for the repair work done throughout the City. There is no reason to delay passage.
Vote: Gollinger - aye Moran - aye Hunt- aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Long, that Ordinance No. 34-07 be passed as read:
Discussion: Mr. Linden explained that the screening products are placed in the hole dug for repairs before the concrete is poured.
Vote: Gollinger - aye Moran - aye Hunt- aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 35-07 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE AN UNDETERMINED AMOUNT OF ASPHALTIC CONCRETE FOR THE CITY OF ROCKY RIVER FROM MIDWEST PAVING MATERIALS AT THE FOLLOWING PRICES: BINDER AT $38.00 PER TON AND #404 AT $40.00 PER TON AND #9 MIX AT $48.00 PER TON
1ST READING
Moved by Mr. Hagan, seconded by Mr. Long, that the rule requiring that Ordinance No. 35-07 be read on three separate days be suspended, and that Ordinance No. 35-07 be placed upon its passage:
Discussion: Again, Mr. Hagan explained that this housekeeping ordinance is necessary for the maintenance of streets, and there is no reason to delay.
Vote: Gollinger - aye Moran - aye Hunt- aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Long, that Ordinance No. 35-07 be passed as read:
Discussion: Mr. Linden continued that when an asphalt street is repaired, this is the final layer: screening material, concrete, then asphalt. This is the necessary last step. Last year 347 tons were used.
Vote: Gollinger - aye Moran - aye Hunt- aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
ORDINANCES AND RESOLUTIONS UNDER CONSENT
ORDINANCE NO. 26-07 BY BRIAN F. HAGAN
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"
2ND READING
This continuation of the contract for professional consulting engineering services was acknowledged by Mr. Hagan as being of great benefit for the City and Mr. Mackay's services have been invaluable for the many projects that the City has undertaken.
ORDINANCE NO. 27-07 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE ADJUSTMENT OF SEWER RATES PAID TO THE CITY OF LAKEWOOD FOR THE TREATMENT OF SANITARY SEWAGE
1ST READING
This ordinance reflects a slight rate increase made by the City of Lakewood in the treatment of wastewater from a number of Rocky River homes. The last increase was made 10 years ago. Another point made was that although rates have been increased, residents will continue to pay the same City rates as all other residents.
ORDINANCE NO. 28-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH HzW ENVIRONMENTAL CONSULTANTS, LLC FOR SERVICES TO ADDRESS INFORMATION REQUIRED BY THE BUREAU OF UNDERGROUND STORAGE TANK REGULATIONS AT A COST NOT TO EXCEED $9,715.00
1ST READING
Mr. Hunt explained that this ordinance will authorize an agreement to monitor ground water in the vicinity of the Service Garage following the removal of leaking gas tanks some time ago as explained at the last meeting of the Committee-of-the-Whole. The information is required by the Bureau of Underground Storage Tank Regulations (BUSTR) and should be passed as quickly as possible.
ORDINANCE NO. 29-07 BY THOMAS T. LONG
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO REFURBISH FOUR (4) REFUSE SCOOTERS NEEDED FOR REFUSE COLLECTION BY BAKER VEHICLE SYSTEMS, INC. FOR A TOTAL SUM OF $51,522.00
1ST READING
As discussed last week at the meeting of the Committee-of-the-Whole, Mr. Long explained that the scooter retrofitting was necessary because replacement is not possible as the vehicles are no longer made to these specifications. The repairs are necessary to keep the scooters running and providing refuse service to residents.
ORDINANCE NO. 30-07 BY THOMAS J. HUNT
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH URS CORPORATION FOR SERVICES REGARDING SEWER FLOW STUDIES AND INVESTIGATIONS AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A" AT A COST NOT TO EXCEED $21,700.00
1ST READING
This ordinance has been prompted by a need evaluate sewers and the infrastructure which will be possible as a result of this study by URS. Last week, five locations were outlined by Mr. Linden.
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that the ordinances of the Consent Agenda be read on three separate days be suspended, and that the ordinances be placed upon their passage:
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Long, that the ordinances of the Consent Agenda be passed as read:
Vote: Gollinger - aye Moran - aye Hunt - aye
Bartolozzi - aye Long - aye Hagan - aye
6 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Gollinger expressed his support for the City and Mr. Linden and their response to the snowstorm over this past weekend. He particularly praised their quick response to his call which remedied a situation for a resident in his ward.
Mr. Hagan also commended the Service Department for its response to the storm. Although he received his first complaint about snow removal, he felt that the plows did an excellent job in a difficult situation.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, spoke about commuter rail. He stated that he has spoken to many west shore residents who seem excited about the prospect of commuter rail. He has commuted downtown since 1966, and definitely favors the idea. In inclement weather, it is dependable. He said that rail is coming back, and Rocky River should be aggressive in pursuing commuter rail. He would like to see the resolution approved. He acknowledged the importance of the Quiet Zone, in spite of opposition from those who feel that City will be obligated to pay for improvements. He said that, approached properly, perhaps state or federal dollars could be used.
He also extended his congratulations to Mr. Thomas for his award because "to know where every nickel and dime has gone is important".
Mr. Hagan pointed out that the situation in Arlington and Rosslyn is vastly different because of the numbers of commuters to the D.C. area. Cleveland does not have the same draw at this time.
As there was no further business by members of Council, the meeting was adjourned at 8:50 p.m.
_____________________________ _______________________________
Brian F. Hagan Misao Kurokawa
President of Council Clerk of Council