DRAFT

CITY OF ROCKY RIVER

APRIL 11, 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, Mr. Frost, Mr. Hurtuk,

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

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

Law Director: Mr. Matty

Press: Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance. Mrs. Bobst noted that the meeting was being recorded by a resident.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the reading of the minutes of the Legislative Meeting of March 28 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Frost - abstain

Hurtuk - abstain Bartolozzi - aye Hagan - aye

Bobst - aye

5 ayes 2 abstentions 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that the reading of the minutes of the meeting of the Committee-of-the-Whole of April 4 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - abstain Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - abstain

5 ayes 2 abstentions 0 nays PASSED

MAYOR'S REPORT:

The Mayor introduced Mr. Michael Mackay, present because Ordinance 61-05 will be considered. Through a long process, the Administration has chosen Mr. Mackay's firm, and Mr. Mackay, personally, to be the City's consulting engineer.

Mr. Mackay indicated that his firm, Mackay Engineering & Surveying Company, has been in business for more than 50 years, providing engineering and surveying services to private and public clients. The firm is currently the consulting engineer for Fairview Park and Middleburg Heights. Mr. Mackay stated that he is looking forward to working with the City of Rocky River.

Continuing with his report, the Mayor referred to a memo distributed during the past week concerning the recent power outage. Displaying a printout of the grid of the portion of the City's electrical system which failed, he pointed out that if residents report outages promptly to the Illuminating Company, that will enable troubleshooters to pinpoint the problems and allow them to concentrate their efforts where the outages have occurred. He asked Council members to keep the numbers, 1 800 589-3101 or 1 888 LIGHTSS, by their phones and relay them to residents who call to report outages.

• Mr. Gollinger asked if this would have helped in the last power outage. The Mayor acknowledged that in this particular case, it may not have helped, but in many other smaller outages, it would speed restoration of electric service. The Police Department has also been instructed to give the number to callers reporting outages.
  
  

A successful meeting of the Stormwater Management Committee was held last week in compliance with all legal requirements. The City's program is moving forward to meet mandated measures.

Tomorrow the Mayor will be in Columbus as a part of the delegation of the Cuyahoga County Mayors and Managers Association who will appear before the State Legislature.

LAW DIRECTOR'S REPORT:

Since the last meeting, the City has had decisions in two workers' compensation cases. Mrs. Sue Whitman, Human Resources Administrator, is now involved in the claims process along with Mr. Matty. Two orders have been issued in hearings at the Bureau of Workers' Compensation.

• •In the first case, with an injury resulting in two herniated discs in a worker's back, Mr. Matty and Mrs. Whitman have been able to have an old injury considered rather than the alleged 2004 injury. Using reserves of $72,285 and saving three monthly payments of $4000, the total savings to the City was approximately $86,000.
• •In a second case, a handicap reimbursement of 25% was awarded, which means that a part of a claim will be reimbursed from the state surplus fund, saving $12,000 plus two years' benefit with a total savings to the City of approximately $24,000.
  
  
  
  

COMMITTEE REPORTS:

Safety Committee: Mr. Frost mentioned the Public Meeting scheduled for May 2 at 7:30 p.m. in Council Chambers. Under discussion at this meeting will be Ordinance No. 47-05, the proposed revisions to Chapter 505, "Animals".

COMMUNICATIONS AND ANNOUNCEMENTS:

Mrs. Bobst indicated that the meeting of the Board of Education this Wednesday at 5:30 p.m. will include on its agenda a discussion of the Skateboard Park under consideration by the City and the Board.

There were no requests by Council members for changes to the Consent Agenda.

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 is under review by the Planning Commission. Mr. Potterfield expects their conclusions following this month's meeting. Their recommendations will then be referred to the Planning, Zoning and Economic Development Committee of Council.

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"

3^RD READING

Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that Ordinance No. 2-05 be passed as read:

Discussion: Mr. Potterfield noted that this rezoning has been reviewed by the Planning Commission and unanimously recommended. It was further reviewed by Council's Planning, Zoning and Economic Development Committee and recommended for approval. He further commented that he saw no negatives to returning the zoning to its original classification.

Mrs. Bobst added that a Public Hearing was held March 21.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

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 noted that this ordinance will be considered by the Planning Commission at its meeting this month, and reports should be received by the end of the month.

ORDINANCE NO. 47-05 BY ROBERT S. FROST

AN EMERGENCY ORDINANCE SUBSTITUTING NEW CHAPTER 505, ENTITLED "ANIMALS", FOR THE EXISTING CHAPTER IN THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Frost indicated that a revised page had been distributed this evening which includes the change made at the last meeting, deleting ducks and pigeons from the list of animals which cannot be fed. A Public Meeting will be held May 2.

RESOLUTION NO. 54-05 BY FRANK B. GOLLINGER

AN EMERGENCY RESOLUTION APPROVING THE PLACEMENT OF AN EROSION MITIGATION REVETMENT LOCATED WITHIN A LAKE ERIE SUBMERGED LAND LEASE ADJACENT TO PERMANENT PARCEL NO. 301-05-009 AT 19700 FRAZIER DRIVE, ROCKY RIVER, OHIO

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Potterfield , that the rule requiring that Resolution No. 54-05 be read on three separate days be suspended, and that Resolution No. 54-05 be placed upon its passage:

Discussion: Mr. Gollinger noted that timing is an issue in this case. This is a private project for the betterment of this property at no cost to the City, so there is no reason to delay it with three readings. He asked Mr. Frost, in whose ward the property is located, about public response, and Mr. Frost responded that he had had no calls of objection.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Frost, that Resolution No. 54-05 be passed as read:

Discussion: Mr. Gollinger noted that there were no objections from the trustees. This project is one of a series on lakefront properties and he had no objection to moving forward.

Mr. Matty noted, for the record, that "trustees" refers to the Board of Trustees of the Beach Cliff Trust.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

RESOLUTION NO. 55-05 BY FRANK B. GOLLINGER

AN EMERGENCY RESOLUTION APPROVING THE PLACEMENT OF AN EROSION MITIGATION REVETMENT LOCATED WITHIN A LAKE ERIE SUBMERGED LAND LEASE ADJACENT TO PERMANENT PARCEL NO. 301-05-008 AT 19720 FRAZIER DRIVE, ROCKY RIVER, OHIO

1^ST READING

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi , that the rule requiring that Resolution No. 55-05 be read on three separate days be suspended, and that Resolution No. 55-05 be placed upon its passage:

Discussion: The same facts stated in the consideration of Resolution No. 54-05 pertain to this resolution and the one which follows.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that Ordinance No. 55-05 be passed as read:

Discussion: Mr. Gollinger once more asked Mr. Frost if there had been calls on this resolution. Mr. Frost stated that he had had no calls on any of the proposed projects. Further, no objections had been registered from the Beach Cliff Board of Trustees.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

RESOLUTION NO. 56-05 BY FRANK B. GOLLINGER

AN EMERGENCY RESOLUTION APPROVING THE PLACEMENT OF AN EROSION MITIGATION REVETMENT LOCATED WITHIN A LAKE ERIE SUBMERGED LAND LEASE ADJACENT TO PERMANENT PARCEL NO. 301-05-007 AT 19722 FRAZIER DRIVE, ROCKY RIVER, OHIO

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that the rule requiring that Resolution No. 56-05 be read on three separate days be suspended, and that Resolution No. 56-05 be placed upon its passage:

Discussion: Again, there is no reason to keep this legislation from moving forward.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Frost, that Resolution No. 56-05 be passed as read:

Discussion: As with the others, there were no complaints, and Mr. Gollinger expressed hope that these projects will continue until the entire shore is protected.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 58-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WHEREBY THE STATE OF OHIO WILL SUPPLY UP TO $25,584.00 FOR THE OPERATION OF THE MARINE PATROL FOR THE YEAR 2005, AND AS FURTHER DESCRIBED IN THE ATTACHED AGREEMENT

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Hurtuk and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 58-05 be read on three separate days be suspended, and that Ordinance No. 58-05 be placed upon its passage:

Discussion: There is a time issue with this ordinance, as all paperwork must be completed and submitted by April 29 in order to qualify for the grant. The Mayor noted that this is the same contract which has been signed annually for the past 20 years. The Finance Director confirmed that the amount of the contract is slightly more than allowed for in the budget.

Vote: Gollinger - aye Potterfield - 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 Ordinance No. 58-05 be passed as read:

Discussion: See discussion above.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 59-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH TARGET CONSTRUCTION INDUSTRIES, INC. FOR THE ORCHARD PARK AND BATES ROAD AREA LANDSCAPE RESTORATION IN AN AMOUNT NOT TO EXCEED $27,850.00

1^ST READING

This is the first reading for this ordinance and Mr. Hagan proposed that it be discussed at the next meeting of the Committee-of-the-Whole.

ORDINANCE NO. 60-05 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE (1) SERVER, THIRTEEN (13) PERSONAL COMPUTER SYSTEMS AND TWO (2) MONITORS FOR THE RECREATION DEPARTMENT, SENIOR CENTER, POLICE DEPARTMENT, FIRE DEPARTMENT, SAFETY SERVICE DIRECTOR'S OFFICE, AND WASTEWATER TREATMENT PLANT, UNDER THE STATE COOPERATIVE PURCHASING ACT FROM DELL COMPUTER AT A TOTAL COST NOT TO EXCEED $31,651.57

1^ST READING

Moved by Mrs. Bartolozzi, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 60-05 be read on three separate days be suspended, and that Ordinance No. 60-05 be placed upon its passage:

Discussion: The purchase of the server and the computers has been discussed at the budget hearings and in the meeting of the Buildings, Equipment and Technology Committee. The purchase has been provided for in the budget, and the amount is lower than projected.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mrs. Bartolozzi, seconded by Mr. Gollinger, that Ordinance No. 60-05 be passed as read:

Discussion: This has been discussed at length in budget meetings. Mr. Gottschalk has explained that the server will be shared among several departments as well as the cost.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 61-05 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"

1^ST READING

Mr. Hagan indicated that he would like to discuss this ordinance in a meeting of the Contracts Committee. The meeting was scheduled for next week, April 18, before the meeting of the Committee-of-the-Whole. Mr. Hagan further indicated that he would like to have an hour to discuss this ordinance, so the meeting was scheduled for 7:00 p.m. in Council Chambers

ORDINANCE NO. 62-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING CHAPTER 143, ENTITLED "BUILDING DEPARTMENT", OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mr. Potterfield noted that Ordinances 62-05 through 66-05 are related to 61-05 and will also be discussed next week.

Mr. Matty explained that these ordinances reflect updates in the Code necessitated by a change from an in-house employee to the hiring of an independent contractor-not an employee, but a third party. Different sections discussing the City Engineer must be changed if Ordinance No. 61-05 is adopted. These are administrative recommendations. In Chapter 145, however, as reflected in Ordinance No 64-05, Council must decide whether to include architectural services as this is a variance from State law. Mr. Matty will further discuss substance when the ordinances are under discussion.

ORDINANCE NO. 63-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE SUBSTITUTING A NEW CHAPTER 144, ENTITLED "CITY ENGINEERING SERVICES", FOR THE CURRENT CHAPTER IN THE CODIFIED ORDINANCES, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

See discussion for Ordinance No. 62-05.

ORDINANCE NO. 64-05 BY EARL W. POTTERFIELD

AN ORDINANCE REPEALING CHAPTER 145 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "SELECTION OF PROFESSIONAL ENGINEERING AND ARCHITECTURAL DESIGN SERVICES", AND DECLARING AN EMERGENCY

1^ST READING

See discussion for Ordinance No. 62-05.

ORDINANCE NO. 65-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING CHAPTER 146 ENTITLED "ECONOMIC & COMMUNITY DEVELOPMENT DIRECTOR", OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

See discussion for Ordinance No. 62-05.

ORDINANCE NO. 66-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1179.02(q) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "GENERAL TERMS", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

See discussion for Ordinance No. 62-05.

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

MOTION:

Moved by Mr. Potterfield, seconded by Mr. Hagan, that Ordinance No. 32-05 be amended by adding "or an applicant" to Exhibit "A", Section 1321.10, making it clear that if the City or an applicant requires a special study, it will be financed by the developer.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

AMENDED 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"

3^RD READING

This ordinance provides that the developer will pay for the cost of professional studies, if required in the consideration of a project.

Mr. Matty also mentioned that in the Mackay proposed contract, provisions have been made for reimbursement to the City by the developer should additional studies be needed.

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

3^RD READING

This service used to be provided by the State Auditor's office, but due to personnel constraints, is now being outsourced.

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

3^RD READING

See discussion for Ordinance No. 35-05.

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"

3^RD READING

This ordinance will shift the burden of special inspections from the City to the developer.

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.

2^ND READING

This is the second year of a contract passed last year.

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"

2^ND READING

This contract was awarded in 2001, and this is the fourth year of an eight-year contract for beverages for the Recreation Department and in other locations.

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"

2^ND READING

This is a standard easement to allow the City access to a development for needed water repairs.\

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

2^ND READING

This has been discussed and was included in the budget for this year.

ORDINANCE NO. 48-05 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 ALLIED CORPORATION AT THE FOLLOWING PRICES: BINDER/TON $24.45 AND #404/TON $27.45

1^ST READING

This ordinance and the two which follow are annual ordinances which authorize the purchase of supplies to repair roads. As the season is now coming, they are needed.

ORDINANCE NO. 49-05 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 LAFARGE NORTH AMERICA AT THE FOLLOWING PRICES: $9.80/TON CRUSHED SCREENING AND $11.05/TON #57 SCREENING

1^ST READING

See Ordinance No. 48-05.

ORDINANCE NO. 50-05 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" - $68.50, 6 SACK $67.00, 5-1/2 SACK $65.50, 4-1/2 SACK $64.00

1^ST READING

See Ordinance No. 48-05

ORDINANCE NO. 51-05 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) EMERGENCY RESCUE PUMPER UNDER THE STATE COOPERATIVE PURCHASING ACT FOR THE FIRE DIVISION FROM ALL AMERICAN FIRE EQUIPMENT, INC. AT A COST NOT TO EXCEED $348,242.00

1^ST READING

This also has been discussed at length. A grant for $225,000 is making the purchase of this vehicle possible.

ORDINANCE NO. 52-05 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2005 FORD CROWN VICTORIA FOR THE POLICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM STATEWIDE FORD LINCOLN MERCURY, INC. AT A COST NOT TO EXCEED $21,156.36

1^ST READING

This is the replacement of a police vehicle which is provided for in the budget.

ORDINANCE NO. 53-05 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2005 FORD EXPLORER FOR THE POLICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM STATEWIDE FORD LINCOLN MERCURY, INC. AT A COST NOT TO EXCEED $24,213.00

1^ST READING

This vehicle will accommodate Rylo, the police dog. There is the possibility of a donation to offset the extra cost. Both this vehicle and the one preceding will be purchased under the State Cooperative Purchasing Act.

ORDINANCE NO. 57-05 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING

THE FISCAL YEAR ENDING DECEMBER 31, 2005 AND TO AMEND ORDINANCE NO. 22-05

1^ST READING

This is a housekeeping ordinance required by the Finance Director, amending the appropriations ordinance to reflect current expenses.

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that the ordinances on the Consent Agenda be read on three separate days be suspended, and that the stated ordinances be placed upon their passage:

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the stated ordinances be passed as read.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview read a statement in which he suggested that with the large total amount being spent by the City on capital improvement projects, the City require that contractors hire Rocky River residents for 20% of the workforce on projects of $100,000 or more.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hagan, that at the request of Mr. Hurtuk, an Executive Session be held immediately following the meeting to discuss a matter of pending or imminent court action under Article X, Section 6, Subsection 3 of the Charter.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Mayor Knoble announced that he will call a Special Meeting for next week. A Contracts Committee meeting has been scheduled to discuss the engineering issue at 7:00 p.m. Its associated Code changes will be discussed during the Committee-of-the-Whole as well as the Orchard Park/Bates restoration. The Mayor said that he would like to call a Special Meeting to consider passage of Ordinance No. 59-05 and Ordinances No. 61 through 66-05 because during this season with good construction weather, all projects are at a standstill until the matter is resolved.

It was decided by Mrs. Bobst that the Special Meeting will begin at 9:00 p.m. following discussion of the matters. She urged Council members with questions to contact the Administration during the week so that the discussion can proceed.

Mr. Matty also mentioned that two former employees, Richard Lesiecki and John Norris, may be needed for litigation matters. When informational sessions or depositions are needed, he will ask the Finance Director to pay them at the hourly rate they would have received had they been working for the City.

As there was no further business by members of Council, the meeting was adjourned at 8: 55 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 April 11, 2005. These minutes may be amended or revised at the next Legislative Meeting.