DRAFT

CITY OF ROCKY RIVER

MAY 9, 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, Mr. Patterson, Mrs. Whitman

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 April 25, and the meeting of the Committee-of-the-Whole and the Executive Session of May 2 be waived and that the minutes be accepted as submitted.

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 Mrs. Bobst, that the reading of the minutes of the Contracts - Government and Judicial Committee of April 18 be waived, and that the minutes be accepted as submitted.

Vote: Hagan - aye Bobst - aye Frost - aye

3 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor opened his report by explaining that the Civil Service Commission performed the tasks of appointing and removing classified employees, which includes police and fire, monitoring examinations, promotions, and disciplinary matters for these employees as provided in the City's Charter and the Ohio Revised Code. Mr. John Corry has been a member and chairman of the Commission since 1988. Because he is retiring from the position, the Mayor read a Proclamation of gratitude from the citizens of Rocky River for his dedicated service over the past 17 years. The other Commission members, Annette Dever and John Shepherd as well as the secretary, Mrs. Sue Whitman, were present as the Mayor administered the oath of office to the newest member, Mark S. Bennett. Mr. Bennett has previously served on the Beautification Committee.

Mayor Knoble then explained that water system breaks or leaks which occur on private property are the responsibility of the property owner; those on public property are the responsibility of the City of Cleveland Water Department. For more than a week, a valve at the corner of Hampton and Riverview has been leaking, and the City has received dozens of calls. He assured residents that the leak has been reported to the Water Department. The Mayor does not want to discourage reporting of any leaks, but he would like residents to be aware that repair is not the City's responsibility.

The Beautification Committee will meet tomorrow, Tuesday, at 7:00 p.m.

The Stormwater Management Committee will meet this Wednesday at 4:30 p.m. at City Hall.

The annual Arbor Day tree planting ceremony will be held on Friday, May 13, at 10:30 a.m. near the Hamilton Ice Rink. This event was organized by Director Linden and the Beautification Committee.

This Saturday at 11:30 a.m., Hamlets West on Center Ridge Road will hold a ribbon-cutting ceremony. Council members are invited.

RTA has scheduled an additional meeting concerning route changes for Thursday, May 26 at 7:00 p.m. at the Don Umerley Civic Center.

On May 17, a meeting of parents interested in the proposed Skateboard Park will be held at 7:30 in the Ice Rink Pavilion.

The DARE graduation ceremonies for 5^th graders will be on the morning of Wednesday, June 8.

Finally, the Mayor congratulated the RRHS Boys Tennis team which won the Southwest Conference championship.

LAW DIRECTOR'S REPORT:

On April 29, Mr. Matty received notification from the Liquor Control Commission of the State of Ohio that by a 2-1 vote, the City's appeal of a C1C2 permit granted to Varney Enterprises, operating the BP station at 19933 Lake Road, had been denied. With the approval of Council, a further appeal will be filed with the Franklin County Court of Common Pleas within 21 days of receiving the notice, as required by law.

Mr. Matty will present a seminar sponsored by the Cuyahoga County Law Directors' Association on Ohio Workers' Compensation laws. He will be able to provide seminar materials to interested Council members.

Finally, Mr. Matty wished the record to reflect his appreciation for the straightforward answers and advice he has always received from Mr. Corry in his capacity as member and chairman of the Civil Service Commission. Although the Commission has many quiet periods, in the late 1980's disciplinary matters required lengthy hearings. Mr. Corry has always been professional and has given the Law Director valuable assistance.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Frost reported that he has received e-mail correspondence from residents concerning Ordinance No.47-05 and would like them added to the public record:

Chris Pfeil pointing out errors in Chapter 505. (Exhibit "A")

Susan Godfrey, commenting that the impounding period should be longer than 3 days.

(Exhibit "B")

Candia Sweet, agreeing with Ms. Godfrey. (Exhibit "C")

Dr. John Reveley, commenting on insurance for dogs and breed specific legislation.

(Exhibit "D")

David J. Cook, restating his recommendations (Exhibit "E")

Mrs. Bobst received a copy of a letter written by Director Patterson thanking the Rocky River Jr. Women's Club for their generous donation to assist in the addition of a deck to Elmwood Cabin. (Exhibit "F")

The Arbor Day tree planting will be Friday.

The Mayor has received a letter from Cox Cable concerning rate changes. (Exhibit "G")

Finally, tomorrow will be John Corry day in Rocky River by Mayoral proclamation.

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 which is concluding its discussions. Mr. Potterfield expects to receive conclusions by the end of the month when their recommendations will be reviewed by Council's Planning, Zoning and Economic Development Committee.

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 is also under consideration by the Planning Commission, and the same situation prevails.

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"

Mr. Frost noted that this ordinance has been discussed at the Public Meeting of May 2. Following that meeting, he has received additional comments, and would like to further discuss the issue at the next Committee-of-the-Whole.

It is not his intention to move forward for passage this evening, but he would like to work with the Law Director on anticipated changes regarding pit bulls as dangerous, but not vicious, and on several other legal and technical issues where changes have been suggested. There are also some open issues which will require further discussion.

Mr. Frost hopes to present potential amendments and move forward for passage two weeks from tonight.

ORDINANCE NO. 69-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH BRANDSTETTER CARROLL ZOFCIN INC. WITH REGARD TO THE PROPOSED ADDITION AT THE DON UMERLEY CIVIC CENTER AT A COST NOT TO EXCEED $439,000.00, AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 69-05 be read on three separate days be suspended, and that Ordinance No. 69-05 be placed upon its passage:

Discussion: Mr. Hagan noted that this ordinance and its attached contract were discussed at length at the last meeting of the Committee-of-the-Whole. Because the project is large and the City would like to begin, he sees no reason to delay.

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. Hurtuk, that Ordinance No. 69-05 be passed as read:

Discussion: Last week, Council members discussed the issue with Director Patterson, Mr. Zofcin, and the City's Consulting Engineer, Mr. Mackay. It was noted that two changes to the contract requested by the Law Director have been made in the revised exhibit.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 70-05 BY BRIAN A. HURTUK

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 $19,355.36

1^ST READING

Mr. Hurtuk indicated that he would like to do more due diligence on this ordinance. Reviewing his notes from last year, he hopes to have more information from the Division of Water for next week's Committee-of-the-Whole and to move for passage at the next Legislative Meeting.

ORDINANCE NO. 71-05 BY BRIAN A. HURTUK

AN ORDINANCE AUTHORIZING THE MAYOR TO ENGAGE THE OHIO AUDITOR OF STATE FOR PROFESSIONAL SERVICES AT A COST NOT TO EXCEED $31,589.00 AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that Ordinance No. 71-05 be read on three separate days be suspended, and that Ordinance No. 71-05 be placed upon its passage:

Discussion: Mr. Hurtuk explained that this contract with the State Auditor is to fulfill requirements and that there is no reason to prolong passage for six weeks with three readings.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi and Mr. Hagan, that Ordinance No. 71-05 be passed as read:

Discussion: Mr. Thomas further explained that this will authorize professional services for a number of needs: an opinion on financial statements to be included in the CAFR, an audit of financial statements of the WWTP, and reports required for the Ohio EPA.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 72-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO THE SECOND YEAR OF A THREE (3) YEAR CONTRACT WITH ARROW UNIFORM FOR THE RENTAL OF WORK UNIFORMS FOR THE ROCKY RIVER WASTEWATER TREATMENT PLANT AT $3.08 FOR ELEVEN (11) CHANGES OF UNIFORM PER EMPLOYEE AND $1.98 FOR ELEVEN UNIFORM WASH CHARGES TO TOTAL A COST NOT TO EXCEED $5.06/UNIFORM PER WEEK FOR POLYESTER OR COTTON UNIFORMS

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Gollinger and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 72-05 be read on three separate days be suspended, and that Ordinance No. 72-05 be placed upon its passage:

Discussion: This ordinance affirms an existing agreement, being the second year of a three-year contract already in existence. There are no rate changes. Mr. Hagan indicated that there is no reason to delay.

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. 72-05 be passed as read:

Discussion: This is a housekeeping ordinance which will be required each year.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 73-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO THE THIRD YEAR OF A THREE (3) YEAR CONTRACT WITH CINTAS CORPORATION FOR THE RENTAL OF WORK

UNIFORMS FOR THE ROCKY RIVER SERVICE DIVISION AT A NET COST NOT TO EXCEED $4.55/UNIFORM PER WEEK (11 SETS TOTAL, RENTAL AND WASHING) - $2.75/UNIFORM WEEKLY (5 UNIFORM CHANGES - 6 SETS TOTAL-NO WASHING)

1^ST READING

Moved by Mr Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 73-05 be read on three separate days be suspended, and that Ordinance No. 73-05 be placed upon its passage:

Discussion: This also affirms a current contract, being the third year of a three-year contract for work uniforms for the Service Division.

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. 73-05 be passed as read:

Discussion: Again, this is a housekeeping ordinance.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 74-05 BY BRIAN A. HURTUK

AN ORDINANCE AUTHORIZING THE MUNICIPAL MOTOR VEHICLE LICENSE TAX PURSUANT TO OHIO REVISED CODE SECTION 4504.172

1^ST READING

This ordinance as not yet been considered. Mr. Hurtuk indicated that discussions will be held at next week's Committee-of-the-Whole.

MISCELLANEOUS BUSINESS:

Mrs. Bobst announced that Friday's Plain Dealer carried an article stating that the proposed cuts to the Community Development Block Grants Program have been restored. While the program was not increased, the $1.5 billion has been replaced, so that the program will have the same level of funding as it did last year.

AUDIENCE PARTICIPATION:

Erika Pilisy, 3167 Linden Road, Saxon House, spoke against including a WalMart in the renovations at Westgate. She has proposed a community meeting on Thursday, June 9 at 7:00

p.m.. A final location has not yet been determined. The purpose of this meeting is to learn more about the project so that enlightened opinions can be expressed. (Exhibit "H")

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Hurtuk, that at the request of the Law Director, an Executive Session be held immediately following the meeting to discuss two matters: one a matter of pending court action and another matter of 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

As there was no further business by members of Council, the meeting was adjourned at 8:42 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 May 9, 2005. These minutes may be amended or revised at the next Legislative Meeting.