DRAFT



CITY OF ROCKY RIVER



APRIL 12, 2004





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, Mrs. Bartolozzi,

Mr. Hagan, Mrs. Bobst

Absent: Mr. Hurtuk

Administration: Mayor Knoble, Mr. Linden, Ms. Wollenzier



Assistant Law Director: Mr. Hotz



Press: Mr. White





The meeting was opened with the Pledge of Allegiance.



MOTION:



Moved by Mrs. Bobst, seconded by Mr. Hagan, that the reading of the minutes of the Legislative Meeting and Executive Session of March 22 and the Committee of the Whole of April 5 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mrs. Bobst, that the reading of the minutes of the Government and Judicial Contracts Committee meeting of March 22 be waived, and that the minutes be approved as submitted.

Vote: Hagan - aye Bobst - aye Frost - aye

3 ayes 0 nays PASSED





Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that the reading of the minutes of the Planning, Zoning and Economic Development Committee meeting of March 22 be waived, and that the minutes be approved as amended.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED



MAYOR'S REPORT:



As many directors are on vacation this week, the Mayor indicated that Council members with questions should contact his office or Mr. Linden's.



Mayor Knoble has received information on HB 218 concerned with the Lake Erie shoreline. There are questions, issues and concerns about the shoreline, i.e. what is considered private property and what is considered State property. At present, the dividing line is the high water mark, and the proposed bill would change that to the low water mark.



The Phase I environmental study on the Lake Road property has been completed and should be received in writing prior to next Monday's meeting. The Mayor urged Council to continue moving on this issue because of its importance to the City.



The Mayor also announced that he had reluctantly received the resignation of Ms. Wollenzier, the Finance Director, who will retire June 30 after 34 years of dedicated service to the City of Rocky River. The Mayor noted that she had begun as a clerk in the Finance Department and has become one of the preeminent finance directors in the northern Ohio area.



Discussion: Mrs. Bobst asked about the Lake Road property, wondering if Mr. Lesiecki and Mr. Matty were working on the legal description. The Mayor responded that Bramhall is currently at work on the project and that he expects to receive it later in the week.







LAW DIRECTOR'S REPORT: NONE





COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:



A letter has been received from Fred Sokol proposing a fire substation. (Exhibit "A")



The Recreation Facilities Task Force will meet tomorrow with City Architecture at the Don Umerley Civic Center at 7:00 p.m.. A second public meeting has been scheduled for April 27.



The Master Plan Working Group will meet at 5:00 p.m. on April 28 at the Don Umerley Civic Center.



The Northeast Ohio City Council Association will hold its spring forum at the Don Umerley Civic Center on Thursday, April 22. Under discussion will be a plan which would restructure county government.

An application for the transfer of a liquor license for Donato's Pizzeria has been received from the Ohio Division of Liquor Control. Since it was for transfer only, it will move ahead without objection from City Council.



Mr. Hagan noted that orange barrels, one piece of equipment, and pipes have been delivered to Wooster Road, so the project will start shortly.





There were no requests from Council members to remove ordinances from the Consent Agenda.



AUDIENCE PARTICIPATION: NONE





MOTION:



Moved by Mr. Potterfield, seconded by Mr. Gollinger and Mr. Hagan, that Ordinance No. 46-04 be amended in its title, the first "whereas" and in Section1, changing Multi-Family Residential

(R-4) to Multi-Family Residential Townhouse.

Discussion: Mr. Potterfield explained that the developer had requested a modification to the ordinance from the initial request to change from single family to R-4. They would now prefer a townhouse classification.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED





AMENDED ORDINANCE NO. 46-04 BY EARL W. POTTERFIELD

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 303-18-001 FROM ITS PRESENT CLASSIFICATION OF R-1 (SINGLE FAMILY) TO R-4 (MULTI-FAMILY RESIDENTIAL), 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. It will not be read this evening because a second similar ordinance proposing rezoning of adjoining property will be introduced for a first reading, and then both ordinances will be on the same track with one reading.







ORDINANCE NO. 54-04 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE AUTHORIZING THE REIMBURSEMENT FOR EXPENSES ACCRUED FOR THE CONSTRUCTION OF THE ABERDEEN ROAD IMPROVEMENTS IN THE AMOUNT NOT TO EXCEED $1,275,000.00

1ST READING



Mrs. Bobst noted that this ordinance will be on first reading and will be discussed at the next Committee-of-the-Whole.





ORDINANCE NO. 55-04 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE AUTHORIZING THE REIMBURSEMENT FOR EXPENSES ACCRUED FOR THE CONSTRUCTION OF THE ROCKY RIVER FAMILY AQUATIC CENTER IN THE AMOUNT NOT TO EXCEED $2,120,000.00

1ST READING



See discussion for Ordinance No. 54-04.





ORDINANCE NO. 56-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH FABRIZI TRUCKING AND PAVING CO. FOR THE ABERDEEN ROAD IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $1,221,886.50

1ST READING



Mr. Hagan indicated that this ordinance will be on first reading and will be discussed at the next Committee-of-the-Whole.





ORDINANCE NO. 57-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GGJ, INC. FOR CONTRACT ADMINISTRATION AND RESIDENT OBSERVER SERVICES DURING CONSTRUCTION OF THE ABERDEEN ROAD IMPROVEMENTS AT A COST NOT TO EXCEED $51,700.00

1ST READING



See discussion for Ordinance No. 56-04.





ORDINANCE NO. 58-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH COLD HARBOR CONSTRUCTION CO. FOR THE CONSTRUCTION OF THE ROCKY RIVER FAMILY AQUATIC CENTER IN AN AMOUNT NOT TO EXCEED $2,032,000.00

1ST READING



See discussion for Ordinance No. 56-04.



ORDINANCE NO. 59-04 BY EARL W. POTTERFIELD

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NOS. 303-18-038 & 303-18-040 FROM ITS PRESENT CLASSIFICATION OF APARTMENT (R-4) TO MULTI-FAMILY RESIDENTIAL TOWNHOUSE (TH-R3C) IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"

1ST READING



Mr. Potterfield reported that this ordinance will be referred to the Planning Commission with Amended Ordinance No. 46-04. See discussion of Amended Ordinance No. 46-04.





ORDINANCE NO. 60-04 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE AMENDING CHAPTER 958 IN THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "GAZEBO" AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1ST READING



Mrs. Bobst indicated that this ordinance will be on first reading and will be discussed at the next meeting of the Committee-of-the-Whole. Under discussion will be rental fees for the shelters at the City Hall park and at Rocky River Park. This ordinance has been reviewed by the Parks and Recreation Commission and by Mr. Patterson, Recreation Director.







ORDINANCES AND RESOLUTIONS UNDER CONSENT:



ORDINANCE NO. 47-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH MEDICAL MUTUAL OF OHIO TO PROVIDE HOSPITALIZATION, PRESCRIPTION AND DENTAL COVERAGES FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1ST READING



This ordinance, discussed at the last Committee-of-the-Whole, will provide medical and dental coverage for full-time employees until the end of the year. This means that renewal rates will be available to the Administration before union negotiations.





ORDINANCE NO. 48-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT TO PROVIDE LIFE INSURANCE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1ST READING

As discussed last week at the Committee-of-the-Whole, the City will pay $.20 per thousand, which is less than last year's rate. Mr. Hagan explained that this insurance is mandated by the Codified Ordinances and negotiated contracts.





ORDINANCE NO. 49-04 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE ONE (1) PETROVEND K-800 FUEL MANAGEMENT SYSTEM FROM SERVICE STATION EQUIPMENT CO., INC. (SSECO) AT A TOTAL NOT TO EXCEED $9,175.00

1ST READING



This was discussed last week at the Committee-of-the-Whole. The current system is old and parts are no longer available. This system will allow tracking of fuel usage.





RESOLUTION NO. 50-04 BY MAYOR KNOBLE AND THE MEMBERS OF COUNCIL

AN EMERGENCY RESOLUTION EXPRESSING OPPOSITION TO HOUSE BILL 208 AND THE RETAINAGE REFORM EFFORT 1ST READING



As reviewed by Mrs. Bobst, at last week's Committee-of-the-Whole, this bill, if passed, would mean that cities would have almost no retainage rights and be at a disadvantage in dealing with contractors.





RESOLUTION NO. 51-04 BY MAYOR KNOBLE AND THE MEMBERS

OF COUNCIL

A RESOLUTION EXPRESSING OPPOSITION TO FIRST ENERGY'S APPLICATION FOR A NEW RATE EXTENSION AND/OR INCREASE

1ST READING



Also discussed at the Committee-of-the-Whole, this resolution contains Council's opposition to a rate increase as expressed in a letter to the PUCO from the Mayors and Managers Association.





ORDINANCE NO. 52-04 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE ONE (1) SHARP 550 DIGITAL COPIER FROM IMAGE PRO, LTD., AT A TOTAL PRICE NOT TO EXCEED $10,298.00

1ST READING



Our current copier is obsolete and a replacement is needed. Mrs. Bobst expressed appreciation to the Administration for preparing the matrix showing the purchasing procedure.

ORDINANCE NO. 53-04 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE PRINTING SERVICES FOR THE CITY OF ROCKY RIVER NOT TO EXCEED $60,000.00 PER ANNUM FOR A TWO (2) YEAR PERIOD FROM ADMIRAL PRODUCTS, INC.

1ST READING



This contract, discussed at the Committee-of-the-Whole, would cover two years. It covers most City printing, including the Quill, Rocky River Report, and Recreation Department brochures.



Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that Ordinances No. 47-04, 48-04, 49-04, 52-04, 53-04 and Resolutions No. 50-04 and 51-04 be read on three separate days be suspended, and that those ordinances and resolutions be placed upon their passage:

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Potterfield and Mrs. Bartolozzi, that the above ordinances and resolutions be passed as read:

Vote: Gollinger - aye Potterfield - aye Frost - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED



MISCELLANEOUS BUSINESS: NONE





AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview, read his letter, (see Exhibit "A") urging the establishment of a fire substation to increase fire safety.



Mr. David J. Cook, 2989 Macbeth Road, is a former Council member and president. He commented that the issue of safety for the portion of the City north of the railroad tracks had been addressed by the construction of an underpass. Until that time, a train could seriously delay the response of firefighting equipment. This solution provides good protection without a substation and saves substantial funds.



The meeting was adjourned at 8:40 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 12, 2004. These minutes may be revised or amended at the next Legislative Meeting.