CITY OF ROCKY RIVER
MAY 8, 2006
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. Moran, Mr. Frost, Mr. Hurtuk, Mrs. Bartolozzi,
Mr. Hagan, Mrs. Bobst
Administration: Mr. Linden, Mr. Thomas, Mr. Patterson, Mr. Mackay
Law Director: Mr. Bemer
Press: Mrs. McKenzie, Ms. Mitchell
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the reading of the minutes of the Special Meeting, the two Executive Sessions, and the Legislative Meeting of April 24 and the meeting of the Committee-of-the-Whole of May 1 be waived and that the minutes be accepted with the amendment of the May 1 minutes as stated: the addition of "not" in the last line of page 3.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7ayes 0 nays PASSED
LAW DIRECTOR'S REPORT:
Mr. Bemer reported that he is continuing to work with the Civil Service Commission in the updating of its rules and regulations. They will meet this Wednesday.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS:
The community will have an opportunity to voice its opinions and learn from others in a regional meeting of the Voices & Choices Community Conversation to be held at the Don Umerley Civic Center on Wednesday, May 17 from 7:00 to 9:00 p.m. This event, sponsored locally by the League of Women Voters, the Chamber of Commerce and the City, is a regional public brainstorming session to discuss the area and reverse the current economic slump.
President Bobst will distribute an executive summary explaining more about the Northeast Ohio Sourcing Office (NEOSO). She also recommended that for further information, Council members consult the website, www.neoso.org.
Information on two of the county's recycling programs will be posted on the City's website. On June 1, 2 and 3, a hazardous waste roundup will be held at the Cuyahoga County Fairgrounds in Berea. The annual phone book recycling will begin in the Metroparks on June 1 and last until August 31.
Mr. Moran noted that State Senator Robert Spada spoke last week at St. Christopher's on the "Voice of the Faithful", a commentary on sexual predators and other current issues. Residents' questions and comments should be forwarded to Senator Spada.
The Rocky River Historical Society will host a forum on historical preservation at the Senior Center on Thursday, May 11 at 7:00 p.m.
AUDIENCE PARTICIPATION: NONE
AMENDED ORDINANCE NO. 29-06 BY FRANK B. GOLLINGER
AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 301-15-018 & NO. 301-15-019 FROM ITS PRESENT CLASSIFICATION OF OFFICE (O-3 100') TO SERVICE MANUFACTURING IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"
Mr. Gollinger indicated that the Planning Commission has approved this rezoning. The required Public Hearing will be held on May 22 when the community will have an opportunity to voice any opinions.
ORDINANCE NO. 59-06 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE CREATING A CODIFIED ORDINANCE OF THE CITY OF ROCKY RIVER WHICH PROVIDES FOR THE ALLOCATION OF ESTATE TAX REVENUES INTO THE GENERAL FUND AND VARIOUS SPECIAL IMPROVEMENT FUNDS
1ST READING
Mr. Hurtuk explained that the budget process raised the question of different treatment of funds received by the City as estate taxes, with a proposal to place the funds in a Permanent Improvement Fund. Mr. Hurtuk has reviewed this issue with Mr. Thomas, and proposed that discussion on the issue be held next week at the Committee-of-the-Whole with specifics for changes in this ordinance, if desired. At present, this ordinance requires that 80% of the funds always go to the Permanent Improvement Fund and 20% be transferred to the General Fund. Discussion will determine if Council wishes to retain the automatic transfer of funds to the General Fund or to transfer on a case by case basis with Council approval.
ORDINANCE NO. 60-06 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE TRANSFER OF $2,300,000.00 FROM THE PERMANENT IMPROVEMENT FUND INTO THE GENERAL FUND
1ST READING
This ordinance also will be discussed further at the meeting of the Committee-of-the-Whole.
ORDINANCE NO. 61-06 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
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 61-06 be read on three separate days be suspended, and that Ordinance No. 61-06 be placed upon its passage:
Discussion: Mr. Hagan noted that Council has had an opportunity to review this contract which expired on April 14, 2006. As projects are currently under way, this ordinance should be considered for passage this evening without further delay.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 61-06 be passed as read:
Discussion: In response to a question from a resident as to whether the Charter requires rebidding of this contract, Mr. Hagan asked for an opinion from Mr. Bemer who ruled that it is a personal service and not subject to public bidding.
Mr. Hurtuk commented that both as a member of Council and of the Planning Commission, he has favored outsourcing for the best service by the right firm. He said that this one has exceeded expectations.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 64-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AMENDING SECTION 153.133, OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "HEALTH BENEFITS FOR THE EMPLOYEES OF THE FIRE DIVISION BARGAINING UNIT" AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 64-06 be read on three separate days be suspended, and that Ordinance No. 64-06 be placed upon its passage:
Discussion: This ordinance and the five which follow are Code changes being made because of negotiated contracts with labor unions which have already been approved. As such, there is no reason to delay passage so that accurate information will be in the Code.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 64-06 be passed as read:
Discussion: Mr. Hagan recommended passage for reasons stated above and already voted upon in the contracts.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 65-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AMENDING SECTION 153.134, OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "HEALTH BENEFITS FOR EMPLOYEES OF THE PATROLMEN BARGAINING UNIT" AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hagan, seconded by Mr. Gollinger and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 65-06 be read on three separate days be suspended, and that Ordinance No. 65-06 be placed upon its passage:
Discussion: See discussion for Ordinance No. 64-06.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Hurtuk and Mr. Gollinger, that Ordinance No. 65-06 be passed as read:
Discussion: See discussion for passage of Ordinance No. 64-06
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 66-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AMENDING SECTION 153.135, OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "HEALTH BENEFITS FOR EMPLOYEES OF THE POLICE OFFICERS BARGAINING UNIT" AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 66-06 be read on three separate days be suspended, and that Ordinance No. 66-06 be placed upon its passage:
Discussion: See discussion for Ordinance No. 64-06.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that Ordinance No. 66-06 be passed as read:
Discussion: See discussion for Ordinance No. 64-06.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 67-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AMENDING SECTION 153.153, OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "UNIFORM ALLOWANCE FOR THE EMPLOYEES OF THE FIRE DIVISION BARGAINING UNIT" AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 67-06 be read on three separate days be suspended, and that Ordinance No. 67-06 be placed upon its passage:
Discussion: See discussion for Ordinance No. 64-06.
Vote: Gollinger - aye Moran - 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. 67-06 be passed as read:
Discussion:
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 68-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AMENDING SECTION 153.154, OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "UNIFORM AND UNIFORM AND UNIFORM MAINTENANCE FOR THE EMPLOYEES OF THE PATROLMEN BARGAINING UNIT" AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 68-06 be read on three separate days be suspended, and that Ordinance No. 68-06 be placed upon its passage:
Discussion: See discussion for Ordinance No. 64-06.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that Ordinance No. 68-06 be passed as read:
Discussion: Mr. Hagan explained that with this ordinance and the previous four ordinances, changes are needed because of successful negotiations with three unions.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 69-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AMENDING SECTION 153.155, OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "UNIFORM, UNIFORM MAINTENANCE FOR THE EMPLOYEES OF THE POLICE OFFICERS BARGAINING UNIT", AND AS FURTHER DESCRIBED IN EXHIBIT "A"
1ST READING
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 69-06 be read on three separate days be suspended, and that Ordinance No. 69-06 be placed upon its passage:
Discussion: See discussion for Ordinance No. 64-06.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Ordinance No. 69-06 be passed as read:
Discussion:
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 70-06 BY ROBERT S. FROST
AN EMERGENCY ORDINANCE APPROVING THE RECONSTRUCTION OF EROSION CONTROL FACILITIES (STONE GROINS) IN THE SUBMERGED LAND AREA ALONG LAKE ERIE LOCATED BETWEEN PARKLAWN DRIVE AND WAGAR ROAD, ROCKY RIVER, OHIO
1ST READING
Moved by Mr. Frost, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 70-06 be read on three separate days be suspended, and that Ordinance No. 70-06 be placed upon its passage:
Discussion: Mr. Frost explained that Council approval is required before construction projects can move forward. The season is right for construction, and there is no reason for delay.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Frost, seconded by Mr. Gollinger, that Ordinance No. 70-06 be passed as read:
Discussion: Mr. Frost continued, explaining that this ordinance concerns twelve separate parcels for which the Beach Cliff Board of Trustees wishes to construct stone groins. The ODNR requires Council approval in the form of an ordinance before construction can proceed. Mr. Bemer has reviewed the documents and is in accord.
Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 71-06 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY SERVICE TO ENTER INTO A CONTRACT WITH UTILICON CORPORATION FOR THE LAKEVIEW AVENUE WATER MAIN REHABILITATION PROJECT AT A COST NOT TO EXCEED $93,800.00
1ST READING
This ordinance will be discussed at the next meeting of the Committee-of-the-Whole.
ORDINANCES AND RESOLUTIONS UNDER CONSENT
ORDINANCE NO. 62-06 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY SERVICE AND THE DIRECTOR OF RECREATION TO ENTER INTO A CONTRACT WITH THE R.J. PLATTEN CONTRACTING COMPANY FOR A PARK IMPROVEMENT PROJECT AT ROCKY RIVER PARK AT A COST NOT TO EXCEED $99,950.00
1ST READING
This ordinance authorizes landscaping and terracing for Rocky River Park. As discussed at the Committee-of-the-Whole, seats will be created for concerts, and erosion will be halted. As part of the contract, work must be completed by June 15, so there should be no delay.
Mrs. Bobst added that construction will begin shortly, and during that period, the upper parking area at the park will be closed. Parking will be permitted on the street, and residents whose streets are involved will be notified.
ORDINANCE NO. 63-06 BY LINDA S. BARTOLOZZI
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF RECREATION TO ENTER INTO A LEASE AGREEMENT WITH FAIRVIEW GENERAL HOSPITAL FOR SPACE AT THE ADDITION TO THE DON UMERLEY CIVIC CENTER
1ST READING
This ordinance will authorize a lease allowing Fairview General Hospital to lease space for therapy work in the addition to the Don Umerley Civic Center.
Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that the ordinances of the Consent Agenda be read on three separate days be suspended, and that those ordinances found on the Consent Agenda be placed upon their passage:
Vote: Gollinger - aye Moran - 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 Moran - aye Frost - aye Hurtuk - aye
Bartolozzi - aye Hagan - aye Bobst - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Hurtuk indicated that the moral claim heard last week may be resolved, thanks to the efforts of the Building Commissioner, Kevin Beirne. Mr. Beirne is hopeful that an agreement may be reached between the contractor and the resident which would result in the withdrawal of the claim.
Mr. Hurtuk also commented on the issue of the Lakewood Dog Park which was raised last week. He will distribute to Council members a copy of a proposal to study the park as to noise and noise reduction. This report was forwarded to Lakewood, but no action has been taken. At this time, he agrees with Mr. Gollinger's suggestion that affected residents contact the City of Lakewood to make their problems and views known.
AUDIENCE PARTICIPATION:
Craig Irish, 21010 Aberdeen Road, spoke on the placement of an AT&T box on the northeast corner of Aberdeen, near Wagar, similar to those which have appeared in many locations. He described it as an unattractive refrigerator-sized box which is more appropriate to a commercial or industrial site. He requested relocation of this ugly box because the area is largely residential. The box also has a power meter bolted to the top. He said that it is an industrial design and no effort has been made to make it more attractive in this conspicuous location.
His second concern is safety. At some locations this box is mounted on a telephone pole. In front of his home, an orange tent was erected for service personnel until 10:00 p.m. With many children at the east end of Aberdeen, he is concerned because the sidewalk is obstructed, creating a danger for the school bus stop and the tent also creates a visual obstruction increasing the danger for cars. There are also warnings for high voltage power lines. He said he understands that the state has given public utilities rights for the public good, but he would like them to consider the public trust and public responsibility. He asked that they find a location which will have a minimum impact on the neighborhood environment. He further asked the City to use whatever influence it wields to help keep the community attractive and still allow the utility to accomplish its goals.
Bob & Cheryl Magalen, 21016 Aberdeen, came forward to comment on the same subject. Because their driveway is next to the structure, Mr. Magalen indicated that safety is an issue when backing from his driveway, particularly because there are young children in the neighborhood. He feels some input from the City is needed. He further wondered how far the project will go between now and the meeting on June 8, and how much impact the company will have had by that time. He understands that the utility has the ability to construct where they have easements on private property or in a public right-of-way. In his residential area, however, he was concerned about the tent and three trucks which block residents' views and create danger.
Elise Auvil, 409 Wagar Road, lives across the street from the Irishes. She believes that when the boxes are erected, they will create an " attractive nuisance". She clarified her statement: they will not be attractive to the eye, but will attract the attention of neighborhood children who are capable of climbing them and harming themselves. She wondered, procedurally, if Council has agreed to this construction or if AT&T is able to proceed without approval.
William Snyder, Aberdeen Road, is a precinct committeeman (1-G) for this area. He commented that these ugly boxes have no place in an attractive residential city. He feels it is part of his responsibility to help maintain as attractive an appearance as possible to this residential area, and that would mean that these units should be as unobtrusive as possible. The corner of Aberdeen and Wagar is not an appropriate location, and he suggested that the company find an area where the box can be hidden and not become an eyesore.
David Fischback, 21025 Aberdeen Rd., stated that there are many children within 150' of this box. He is concerned because of the high voltage warnings and the fact that it is secured only by a padlock which could be overlooked by a service technician. Because it is so close to the corner, bicycle traffic is also at risk of collision with the box. Unfortunately, in this location, there is not enough room to fence it for additional safety. Because the area has traffic for Aberdeen Park, it might be attractive to vandals. These are all reasons the box should be relocated.
Melissa Ferchill Swingos, 21017 Aberdeen Rd. and 460 Wagar Road, stated that she has completed two additions to her home and is starting a third. In all these constructions, she has met City regulations. She feels these boxes are unattractive and unsafe. She further stated that she had no advance information, and is disappointed that the project is this far along. She noted that a tent may be frequently necessary as the unit requires service, and compared the view to three refrigerators.
John P. Milloy,. 21118 Aberdeen Rd., is the chairman of the City's Design and Construction Board of Review. He stated that the Board reviews cell phone towers and signage. He asked why the Board was not given the opportunity to review these installations. He pointed out that they must meet requirements of the Ohio basic construction code. Board meetings would allow citizens to see drawings and exact locations
Michelle Cox, 21121 Aberdeen Road, noted her surprise at seeing a backhoe before notification. She agreed with previous comments of her neighbors.
Kevin Lynch, AT&T Representative, came forward with more details. He said that the boxes are about 63" tall, 42" wide, 20"deep; the pad is 7'x7' and 6" thick. An electrical box is attached which is 9"deep x 22" wide. The area served by the box is bounded by Lake Erie on the north, Lake Road on the south, Avalon Dr. on the west and Falmouth Dr. on the east. In this area are 220 living units. The last upgrade to this box occurred in 1980. This upgrade to fiber optics will allow greater internet speeds, more reliable phone service, and video service in the future. He indicated that he is looking forward to June 8, and until that time, construction on Aberdeen will be postponed. AT&T will continue to work with the City.
Mr. Gollinger emphasized that the company had not received permission to move forward at full speed.
Mr. Moran commented that he appreciated the attention given by Mr. Lynch in listening to residents. Since the first installations were in commercial areas, they were less sensitive than those in residential areas. He hoped that the company would continue to work with the City so that it would be a win-win situation.
Mrs. Bobst again thanked Mr. Lynch and all who participated for their comments.
As there was no further business by members of Council, the meeting was adjourned at 9:03 p.m.
_______________________________ _______________________________
Pamela E. Bobst Misao Kurokawa
President of Council Clerk of Council