DRAFT
CITY OF ROCKY RIVER
APRIL 26, 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, Ms. Wollenzier, Mr. Lesiecki
Law Director: Mr. Matty
Press: Mr. Miklosovic, Mr. Vandell
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Potterfield and Mrs. Bartolozzi, that the reading of the minutes of the Legislative Meeting of April 12 and the Committee of the Whole and Executive Session of April 19 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Potterfield - aye Bartolozzi - aye
Hagan - aye Bobst - aye
5 ayes 0 nays PASSED
Moved by Mr. Gollinger, seconded by Mr. Potterfield, that the reading of the minutes of the Environmental Committee meeting of April 5 be waived, and that the minutes be approved as amended.
Vote: Gollinger - aye Bartolozzi - aye Hagan - aye
Potterfield - aye
4 ayes 0 nays PASSED
MAYOR'S REPORT:
Last week's discussion of engineering and architectural firms used by the city in the past prompted the Mayor to ask Mr. Lesiecki to compile a list. The City has used 11 different firms in the last 16 months. (Exhibit "A")
The State has awarded a contract for the I-90 sound barrier construction. A pre-construction meeting will be held on Friday, May 7, with construction beginning shortly thereafter. The projected ending date is September 15.
The Mayor has received the 2003 statistical report for public health activities in Rocky River from the Cuyahoga County Board of Health.
The Mayor has also received official notification from the Ohio EPA that a meeting will be held on May 27 at 7:00 p.m. in the David J. Cook Council Chambers concerning the dredging of the Rocky River. Representatives of the U.S. Corps of Engineers have indicated that dredged materials will be deposited four miles or so out in Lake Erie in a northwesterly direction.
NOPEC responses, prepared by its attorneys, have been submitted to the PUCO in response to the FirstEnergy Rate Stabilization case. This is available to interested Council members.
LAW DIRECTOR'S REPORT:
Mr. Matty has received the 66th report on the railroad settlement from Norfolk Southern. For the month of February, an average of .8 trains per day have passed through our City.
The Law Director also requested an Executive Session to discuss imminent litigation under Article X, Section 6, Subsection 3 of the Charter.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS:
Mrs. Bobst noted that Mr. Miklosovic, the editor of the West Life was present. Mr. White, the regular representative, is undergoing emergency surgery, but hopes to return soon.
Mr. Hagan has received the following e-mails:
Mr. Frost announced that he had received notification that the Preschool PTA will sponsor Infant and Child CPR training on Wednesday, April 28 from 7:00 to 9:30 p.m. Anyone interested should contact Christa Medvin at 356-4799.
He has also received the following e-mails:
The Working Group on Animal Control Laws will meet on Wednesday, April 28 at 7:00 p.m. in the Committee Room. On the agenda will be dogs at large and pet containment systems, including invisible fences.
The Master Plan Working Group will meet on April 28 at 5:00 p.m. at the Don Umerley Civic Center.
The Recreation Facilities Task Force will meet Tuesday, April 27 at 7:00 p.m. in a joint meeting with City Architecture. Mrs. Bobst encouraged anyone interested in the possible expansion of recreation facilities to attend. City Architecture will present preliminary design work for consideration.
A hearing is scheduled for May 13 on the liquor application for the Rocky River BP station. Mr. Matty has requested a continuance until June, however, because two of the City's witnesses are unavailable in May. The Giant Eagle gas station application is under discussion with officials of that company.
There were no requests from Council members to remove ordinances from the Consent Agenda.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, read his letter concerning the purchase of an additional fire pumper and the proposed aquatic center. (Exhibit "C")
Brian Ruic, 20358 Westover, expressed his concern about the traffic intersection at Story and Wooster which is currently at the center of a construction project. Northbound Wooster has a stop sign; Story must yield and must turn right; southbound Wooster also has a yield and must turn left. The situation is confusing, and Mr. Ruic has seen hesitation and motorists who do not see the light on the south side of Parkview. He feels that the situation is dangerous and that the City should seek another solution.
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 SINGLE FAMILY RESIDENTIAL (R1-F1) TO MULTI-FAMILY RESIDENTIAL TOWNHOUSE (TH-R3C) IN ITS ENTIRETY, AS FURTHER DESCRIBED IN EXHIBIT "A"
2ND READING
Mr. Potterfield indicated that this ordinance has been reviewed by the Planning Commission and unanimously recommended. He indicated that a Public Hearing should be scheduled, and the date was set for May 24.
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
2ND READING
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 54-04 be read on three separate days be suspended, and that Ordinance No. 54-04 be placed upon its passage:
Discussion: In the absence of Mr. Hurtuk, Mrs. Bobst explained that she had spoken to him and he indicated that this legislation should be considered for 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. Gollinger, that Ordinance No. 54-04 be passed as read:
Discussion: Ms. Wollenzier explained that according to IRS regulations, if the City wishes to borrow, this authorization should be in place before contracts are signed and the first checks written. Mr. Frost asked if the project does not go forward, if the ordinance needs to be rescinded and repassed to go forward at another date. Ms. Wollenzier replied in the affirmative.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
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
2ND READING
In Mr. Hurtuk's absence, and because Mr. Hagan will have Ordinance No. 58-04 on a second reading, this ordinance was read for the second time.
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
2ND READING
Mr. Hagan requested a second reading, and will allow for a third reading on May 10 to give residents more time to comment.
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"
2ND READING
This ordinance also was reviewed by the Planning Commission and unanimously recommended. It is related to Amended Ordinance No. 46-04 as the parcels within the two ordinances are adjoining. The Public Hearing for this ordinance also will be May 24.
ORDINANCE NO. 61-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO POST ON E-BAY THE SALE OF ONE (1) USED FIRE SUPPRESSION VEHICLE - 1975 AMERICAN LAFRANCE - ON AN AS IS BASIS - AT A MINIMUM SALE PRICE OF $5,500.00
1ST READING
Moved by Mr. Hagan, seconded by Mr. Gollinger and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 61-04 be read on three separate days be suspended, and that Ordinance No. 61-04 be placed upon its passage:
Discussion: At the last Committee-of-the-Whole, the Mayor presented the idea of placing the old Fire Department pumper on E-Bay because through conventional channels, only two bids, both unsatisfactory, were received. Because the City would like to sell this vehicle, there should be no delay in moving forward.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that Ordinance No. 61-04 be passed as read: Discussion: Mr. Hagan noted that it will be interesting to see what happens. Mr. Gollinger observed that this is a creative approach and may be useful in the sale of other equipment. A buyer would be responsible for transportation of the vehicle from City grounds.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
MOTION:
Moved by Mr. Hagan, seconded by Mr. Frost that Ordinance No. 62-04 be amended to include in Section 1: "Total of replacements listed above not to exceed $247,638.00."
Discussion: Mr. Matty recommended that this change be made so that the dollar amount is listed in Section 1.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
AMENDED ORDINANCE NO. 62-04 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO APPROVE CHANGE ORDERS FOR FABRIZI TRUCKING & PAVING COMPANY, INC., FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE HILLIARD BOULEVARD SANITARY SEWER IMPROVEMENTS PROJECT WESTERN AREA IN AN AMOUNT NOT TO EXCEED $247,638.00
1ST READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Amended Ordinance No. 62-04 be read on three separate days be suspended, and that Amended Ordinance No. 62-04 be placed upon its passage:
Discussion: Mr. Hagan noted that when the project was begun on the west side, it was found that additional work was necessary. Because the crew is on site, the ordinance should be passed as soon as possible so that the work is not delayed.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Potterfield and Mrs. Bartolozzi, that Amended Ordinance No. 62-04 be passed as read:
Discussion: Mr. Hagan turned to Mr. Lesiecki to explain the need for the change orders. Mr. Lesiecki explained each of the replacements listed in the ordinance, noting that in some cases, the storm sewer was collapsing and the work was necessary immediately. In addition, a situation was discovered at Asplin and Hilliard that needed immediate attention. That intersection is now closed pending the beginning of remedial work.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
ORDINANCE NO. 63-04 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2004
1ST READING
This will be discussed at the next Committee-of-the-Whole.
ORDINANCES AND RESOLUTIONS UNDER CONSENT:
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
2ND READING.
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 EMPLOYEES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"
2ND READING
This Aberdeen rehabilitation project has been widely discussed, and all have agreed that it is sorely needed. Mayor Knoble took this opportunity to go on record again to refute suggestions printed in the April 15 issue of the Sun Herald that this street is being worked on because Council man Robert Frost lives there. The Mayor reiterated that the project has been in the planning stages for two years prior to Mr. Frost's moving there, and it was postponed repeatedly. The Mayor acknowledged that he was affronted by these suggestions.
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"
2ND READING
This is a code change put in place to allow residents to secure the gazebo and shelter in Rocky River Park in advance at a modest fee. This should not be delayed because it needs to go out in recreation information.
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the rule requiring that Ordinances No. 56-04, 57-04 and 60-04 be read on three separate days be suspended, and that those ordinances 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. Gollinger, that Ordinances No. 56-04, 57-04 and 60-04 be passed as read:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hagan, that at the request of the Law Director, an Executive Session be held immediately following the meeting for a conference with him concerning disputes involving the public body that are the subject of pending or imminent court action under Article X, Section 6, Subsection 3, and at the request of the Council President, under Article X, Section 6, Subsection 1 to discuss the compensation of a public employee or official.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Bartolozzi - aye Hagan - aye Bobst - aye
6 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mrs. Bobst extended wishes for a speedy recovery to Stephen White, a West Life reporter.
Mayor Knoble reminded all of the police auction to be held this Saturday at 9:00 a.m. He mentioned that there are dozens of bikes, computers, even a snow blower and much miscellaneous.
This Friday, April 30 the City will celebrate Arbor Day at its traditional time. A tree will be planted to replace a 200-year old oak tree which was split during a recent wind storm. The ceremony will be at 10:00 a.m. in front of City Hall.
The opening pitch for the Little League season will be thrown out by the Mayor on May 8.
Mr. Hagan addressed the concerns of Mr. Sokol who had sent him the e-mail entered on this evening's record. He indicated that, as a new Council member, he had attended the Finance Committee budget meetings. He added that both the Police Chief and the Fire Chief had received everything they had requested for this year's budget. He further pointed out to Mr. Sokol that in a discussion of the safety of citizens north of the railroad tracks, it was that concern which led the City to build an overpass so that trains would not delay fire vehicles. The Fire Chief did not request a new pumper this year. It was his hope that someday a new one would be purchased, but it was not for this year's budget. Mr. Hagan said that he took umbrage at the suggestion that money needed for safety concerns was going elsewhere. There is no money on the table for the possible $8 million recreation center at this time. It is only under discussion with the community, City Architecture and the Recreation Facilities Task Force. The public will be involved in any decision made to spend money on this center. Further, Mr. Hurtuk, as chairman of the Buildings and Equipment Committee had heard nothing of this request for a new pumper before this year.
Mrs. Bartolozzi agreed, remembering that the Chief had said that if he could have anything he wanted, a new pumper would be on the list, but that it was not a matter for serious discussion.
Mayor Knoble addressed Mr. Ruic's concern about the intersection of Story and Wooster, noting that it had received more attention from City officials than any other. The goal is to keep traffic moving, and the biggest problem is that there is no compliance with the "no through street" signs. The Mayor suggested it may be necessary to station a POPAS officer to ticket through traffic and enforce local traffic only regulations. He may also try bagging the light from 10 p.m. to 7 a.m. to eliminate confusion during the nighttime hours. He is confident that the problem will be solved when through traffic from Lorain Road is eliminated.
AUDIENCE PARTICIPATION: NONE
The meeting was adjourned at 8:59 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 4/26/04. These minutes may be amended or revised at the next Legislative Meeting.