CITY OF ROCKY RIVER

APRIL 14, 2008

Regular meeting of Council was called to order by Mr. Moran, President of Council, at 8:00 p.m. in the David J. Cook Council Chambers.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Furry, Ms. Arabian, Mr. Long,

Mr. Moran

Absent: Mr. Mylen

Administration: Mr. Thomas, Mrs. Calladine, Mr. Mackay

Law Director: Mr. Bemer

Press: Mr. Saylor

The meeting was opened with the Pledge of Allegiance. Mr. Moran welcomed members of Mrs. Wilhelmy's third grade class and their parents, and commented that he hoped they would better understand how the City is working to represent the citizens in passing important legislation.

MOTION:

Moved by Mr. Furry, seconded by Ms. Arabian, that the reading of the minutes of the meeting of the Committee-of-the-Whole and the Executive Session of March 10 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye Furry - aye

Arabian - aye Long - abstain Moran - aye

5 ayes 0 nays 1 abstention PASSED

Moved by Mr. Moran, seconded by Mr. Long, that the reading of the minutes of the Legislative Meeting of March 24 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - abstain Shepherd - aye Furry - abstain

Arabian - aye Long - aye Moran - abstain

3 ayes 0 nays 3 abstentions PASSED

Moved by Mr. Moran, seconded by Mr. Furry and Mr. Hunt, that the reading of the minutes of the meeting of the Special Meeting and the meeting of the Committee-of-the-Whole of April 7 be waived, and that the minutes be accepted as submitted.

Discussion: Mr. Moran indicated that in the discussion of the contract for the City Engineer, he wished to add that the increase was the same as that of City employees for 2008 on page 3.

Vote: Hunt - aye Shepherd - abstain Furry - aye

Arabian - aye Long - aye Moran - aye

5 ayes 0 nays 1 abstention PASSED

MAYOR'S REPORT: NONE

LAW DIRECTOR'S REPORT:

Mr. Bemer commented that this week, numerous meetings will be held concerning land use issues:

• Tomorrow evening, the Planning Commission will meet to review Chapter 913, the right-of-way management legislation.



• The Zoning and Development Code is being revised under the leadership of consultant D.B. Hartt.



• Tomorrow morning, stormwater management legislation will be discussed with Mr. Mackay, the City's Engineering Consultant. Mr. Bemer hopes to present that legislation with the next two months.



• Wednesday, the Board of Zoning Appeals will hear the Rocky River Methodist Church's addition project and their request for a variance for their parking. The church has been discussing a reciprocal parking exchange with the Beachcliff Market Square. Also on the agenda will be Residences at River, an 11-unit proposed development on the river. This will impact a number of condominium associations there and comment is expected.

On Thursday, the Charter Review Commission continues its process, now in its sixth week. This week, discussion will center around the article dealing with Civil Service, which regulates hiring, firing and promotion, primarily for police and fire fighters.

On Friday morning, the Civil Service Commission will meet to certify the eligibility lists for promotion to lieutenant and captain in the Fire Department.

Also on Friday, a second mediation hearing of the Court of Appeals will be held regarding the City of Lakewood and its dog park.

Mr. Bemer then referred to an article in the Metro section of this morning's Plain Dealer which discussed suburban municipalities and their financial difficulties, specifically, their income not meeting their expenses, which causes budgetary problems. He was pleased to report that through the fiscal responsibility of the Administration and the Finance Director, that is not the case with Rocky River. He asked Mr. Thomas to report on the results of the letters sent to those who have not filed City income tax forms and are delinquent in the payment of their taxes.

• Mr. Thomas explained that to begin the collection project, 21 letters were sent notifying those persons that after a specified period of time, court proceedings would be undertaken. As of now, about one-third of those are resolved and responses have been received from all in the group. The goal is to have everyone pay a fair share. Responding to questions from Mr. Moran, the Finance Director indicated that there are often multiple years of back taxes due. From the 90 cases now in process, about $256,000 is due, which does not include some amounts from residents who have not filed, and whose payment cannot be included in the estimated amount.

Mr. Furry asked if the payments are to be made in full, or if payment plans are offered.

• Mr. Thomas said that decisions are made on a case-by-case basis. Payment plans would be accepted, if necessary, but a substantial down payment is required and a commitment for the remainder is necessary.

Mr. Bemer commented that it is the 99% of taxpayers who are in compliance with their income taxes which allows the City to be fiscally sound. This plan will insure that everyone pays a fair share to allow the City to maintain a high level of service.

MOTION:

Moved by Mr. Moran, seconded by Mr. Hunt and Mr. Shepherd, that, at his request, an Executive Session be held immediately following the Legislative Meeting, under Article X, Section 6, Subsection (1) to consider the appointment of a public official or employee.

Vote: Hunt - aye Shepherd - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Mr. Moran explained that there will be two opportunities for public comment. The first is for comment on any ordinance which appears on the legislative agenda.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 36-08 BY JOHN B. SHEPHERD

AN ORDINANCE TO AMEND PART NINE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, OHIO TO INCLUDE A NEW CHAPTER 913 TITLED RIGHTS OF WAY ADMINISTRATION

2^ND READING

Mr. Shepherd explained that this ordinance is presently being reviewed by the Planning Commission because of the number of changes from the original draft. It will continue on hold until their comments and recommendations are received.

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"

2^ND READING

Mr. Hunt indicated that further discussion will be held on this ordinance at next week's meeting of the Committee-of-the-Whole. It will be read for the third time and considered for passage at the next Legislative 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"

2^ND READING

This ordinance will also be discussed next week. Council has already discussed the purchase of these two properties on Wagar Road at length. As with the preceding ordinance, it will have a third reading before consideration for passage to allow for public comment.

Mr. Moran added that, for those not present last week, these properties under consideration are contiguous to the City Hall beginning with the first house to the north of the City Hall entrance on Wagar Road and including the properties behind that house and the next two houses. This has been under discussion for some time, and Council and the Administration feel that this is a good opportunity and options for the future. This ordinance will have three readings.

ORDINANCE NO. 51-08 BY JOHN B. SHEPHERD

AN ORDINANCE AMENDING APPENDIX A OF SECTION 313.03(c)(5) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER REGARDING PROHIBITED RIGHT TURN ON RED

1^ST READING

Mr. Shepherd explained that this ordinance modifies the list of intersections which prohibit right turns on red, adding three new ones and removing four currently on the list. It also changes the hours for prohibited turns on school days, from the current 7:30 a.m. until 4:00 p.m. to specific morning and afternoon hours, from 7:00 to 9:00 a.m. and 2:00 to 4:00 p.m. Because children no longer go home for lunch, it was judged unnecessary to have prohibited turns in force all day. Mr. Shepherd said that he believes that the list was carefully considered and reasonable.

• Mr. Moran mentioned that last week's discussion also brought out the fact that suggestions were solicited from the Police Department and school crossing guards who know the intersections well. As gas prices rise, the City is trying to be responsive to waste, never forgetting safety. This ordinance will also have three readings.

ORDINANCE NO. 53-08 BY JAMES W. MORAN

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, 2008 AND TO AMEND ORDINANCE NO. 123-07

1^ST READING

Mr. Moran noted that several changes had been made from last week's exhibit. He indicated that Mr. Thomas had explained the changes last week.

• Mr. Thomas pointed out that the most significant change made was the appropriation for the purchase of property.

ORDINANCE NO. 54-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT WITH CROSSROADS ASPHALT RECYCLING, INC. FOR THE WESTWAY DRIVE (FROM DETROIT TO WAGAR ROAD) RESURFACING PROJECT IN AN AMOUNT NOT TO EXCEED $112,043.62

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Shepherd and Mr. Long, that the rule requiring that Ordinance No. 54-08 be read on three separate days be suspended, and that Ordinance No. 54-08 be placed upon its passage:

Discussion: Mr. Hunt commented that this section of Westway has been in need of repair for some time, and Director Linden has been anxious to move forward. Some repairs to the catch basins have already been completed, so there is no reason to delay passage of this ordinance.

Vote: Hunt - aye Shepherd - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Long, that Ordinance No. 54-08 be passed as read:

Discussion: Part of this project, ($80,000+) is being financed by a grant, and Mr. Hunt noted that

Director Linden is anxious to complete the repaving. This was the best and most responsive bid. Crossroads Asphalt Recycling has worked for the City previously and has performed satisfactorily. Mr. Mackay agreed that Mr. Linden has worked very hard to obtain the additional funding from County, and the road is in severe condition. He, also, recommends that the project start as soon as possible.

Vote: Hunt - aye Shepherd - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 55-08 BY ANJANETTE C. ARABIAN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE PLAYGROUND EQUIPMENT AT CITY HALL PARK FROM DAVID WILLIAMS & ASSOCIATES EQUIPMENT AT A NET COST NOT TO EXCEED $69,976.50

1^ST READING

Moved by Ms. Arabian, seconded by Mr. Furry, that the rule requiring that Ordinance No. 55-08 be read on three separate days be suspended, and that Ordinance No. 55-08 be placed upon its passage:

Discussion: Ms. Arabian noted that the equipment being replaced is 16 years old, is not ADA compliant and needs to be replaced. It should be in place for use this summer, so passage should not be delayed.

Vote: Hunt - aye Shepherd - 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. 55-08 be passed as read:

Discussion: Ms. Arabian explained the legislative process which allows the City to purchase playground equipment. She pointed out that there are two phases to refurbishing this park with the first phase now and the second, probably, in 2009. The purchase is being made through Gametime which is affiliated with U.S. Communities. She reminded all that earlier, Council passed an ordinance that authorized the City's participation in this organization which allows great savings on the needed playground equipment. Phase I is the largest; Phase 2 will be for ages 2-5. Included in the quote is a wood chip surface area, and the playground will be ADA compliant with wheelchair accessibility. The total cost is $86,000 but the discount of $16,000 brings the cost much lower.

Mr. Moran noted that this is part of the appropriation for the Recreation Department.

Vote: Hunt - aye Shepherd - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 39-08 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE STREET ZONE MARKING PAINT FOR THE CITY OF ROCKY RIVER FROM THE SHERWIN-WILLIAMS COMPANY AT A COST NOT TO EXCEED $30,000

2^ND READING

Mr. Shepherd recalled that this will provide paint as needed, not necessarily $30,000 of paint. The price is $7 to $8 per gallon, which is a very good price.

ORDINANCE NO. 46-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE STATE OF OHIO, DEPARTMENT OF TRANSPORTATION FOR A PORTION OF THE ROAD IMPROVEMENTS ON U.S. ROUTE 20 - CENTER RIDGE ROAD IN THE TOTAL AMOUNT OF $35,669.16

1^ST READING

Mr. Moran noted that this is a payment for the alteration of the contract for work performed for Center Ridge Road, making the sidewalks conform to the ADA. The improvements were made two years ago, and the bill was recently received, and should be paid.

ORDINANCE NO. 47-08 BY JAMES W. MORAN

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 $18,757.20

1^ST READING

This bill also needs payment because these readings are used by the City for its sewer billings.

ORDINANCE NO. 48-08 BY THOMAS J. HUNT

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 AT $40.30 PER TON AND #404 AT $46.80 PER TON

1^ST READING

Mr. Hunt explained that this ordinance and the two which follow authorize the purchase of supplies needed by the Service Department in order to complete road repairs. The Safety-Service department was pleased with the pricing, and the supplies are needed immediately.

ORDINANCE NO. 49-08 BY THOMAS J. HUNT

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" - $72.50 PER YARD AND 6 SACK - $71.00 PER YARD AND 6.5 SACK AT $73.00 YARD

1^ST READING

This is a companion to the preceding ordinance so that Director Linden can purchase supplies for his crews to complete road repairs.

ORDINANCE NO. 50-08 BY THOMAS J. HUNT

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: $15.25/TON FOR CRUSHED SCREENING AND $17.40/TON FOR #57 SCREENING

1^ST READING

As with the two ordinances above, this is necessary for repair to the City's roads.

ORDINANCE NO. 52-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH URS CORPORATION FOR SERVICES REGARDING MAINTENANCE OF AND REPORTING DATA FROM SEWER FLOW METERS AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A" AT A COST NOT TO EXCEED $9,000.00

1^ST READING

Mr. Furry indicated that this is a companion to Ordinance No. 30-08 which authorized the purchase of flow meters. These are necessary as part of the City's stormwater management program, the 25-year remediation plan.

Moved by Mr. Moran, seconded by Mr. Hunt, that the rule requiring that the ordinances of the Consent Agenda be read on three separate days be suspended, and that said ordinances be placed upon their passage:

Vote: Hunt - aye Shepherd - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Shepherd, seconded by Mr. Long, that the ordinances of the Consent Agenda be passed as read:

Discussion: Mr. Moran reiterated that these items are important to the residents of the City.

Vote: Hunt - aye Shepherd - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Moran reported that Mary Kay Costello of Director Linden's office has indicated that a water main break has occurred on Center Ridge Road. The Division of Water will be out to complete repairs as soon as possible.

AUDIENCE PARTICIPATION:

Jeff Brant, 19730 Laurel Avenue, accompanied his son, Jack, to this evening's meeting and said that the class had enjoyed Mr. Moran's visit to Kensington School today. He explained that on his street, the homes have small back yards and large front yards, and he and his neighbors are very concerned about the safety of his children playing in the yard because so many motorists speed on these side streets. He said that he is not certain if anything can be done, although some intersections do not have stop signs. He suggested that the presence of a police car may help.

• Mr. Moran noted that he had addressed Mrs. Wilhelmy's third grade class which had posed excellent questions to him. The question of speeding was raised, and Mr. Moran spoke to Police Chief Wagner who will deploy the mobile radar unit which posts auto speeds. He thanked residents for observing and reporting concerns, and promised to raise the question again with the Police Chief to see what can be done.



• Mr. Long asked if there is a time of day which is particularly troublesome. Mr. Brant said that there are many busy times, but weekends are usually the worst.

Kevin Connors,200061 Bonnie Bank commented on the Marine Patrol, saying they do a great job and are helpful and respectful. He is appreciative of their presence, even at the Cleveland Air Show.

• Mr. Moran explained that last week, Council approved an ordinance which authorized the City to receive $27,000 from the State to assist with expenses for the Argus, the City's marine patrol boat, which polices from Avon Lake to Cleveland. Mr. Moran said they do great work promoting safety on the lakefront.

As there was no further business by members of Council, members adjourned to the Executive Session at 8:50 p.m. No further business was discussed following the Executive Session.

The meeting was adjourned at 9:18 p.m. following the Executive Session.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council