CITY OF ROCKY RIVER

MAY 12, 2008

The 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. Mylen, Mr. Shepherd, Mr. Furry, Ms. Arabian, Mr. Long, Mr. Moran

Administration: Mayor Bobst, Mr. Linden, Mr. Thomas

Law Director: Mr. Bemer

Press: Ms. Macho, Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the Legislative Meeting and the Public Meeting of April 28 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Long, that the reading of the minutes of the meeting of the Committee-of-the-Whole and the Executive Session of May 5 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

MAYOR'S REPORT:

Mayor Bobst introduced Mark Danese, a senior at St. Edward High School who is shadowing the Mayor this week. He will meet with directors tomorrow and will shadow Judge Hagan later in the week.

The Mayor was invited to two meetings with Congressman Kucinich today:

• The first was this morning at 9:00 a.m. and was attended by Building Inspector Pat Nugent. The meeting dealt with foreclosure prevention, early intervention and maintenance issues. In attendance were County Treasurer Jim Rokakis, Jay Westbrook, HUD and Federal Reserve representatives, Judge Eileen Gallagher who is formulating a mediation program, Dale Smith, and housing advocates promoting the use of the 211 United Way's First Call For Help. The focus of the meeting was to counsel individuals before foreclosure becomes a problem and to put them in touch with resources which can help them. Mr. Nugent will prepare a packet of information gathered from this meeting which will be available for Rocky River residents.



• This afternoon, the Mayor and Law Director Bemer attended a meeting with Congressman Kucinich to discuss the railroad Quiet Zone. Officials from Norfolk-Southern and surrounding communities were present as well as representatives from the Federal Railroad Administration (FRA), ODOT and the County Engineer's office. In addition to discussion of the history of the agreements and background of cities' attempts to establish a Quiet Zone, the Mayor said that it was helpful to have railroad representatives at the table to answer questions. Bill Harris of Norfolk Southern has agreed to meet with City representatives to discuss the difference of opinion in train counts to be used to calculate requirements for a Quiet Zone. The FRA has stated that the average number should be used, but the railroad specifies a higher number. Following the meeting with Mr. Harris, the City will request a diagnostic determination of fee estimates for the constant warning time engineering for the crossings.

In the City's work to establish a Quiet Zone, the Mayor pointed out that it is important to remember that the Mayor of Olmsted Falls stated that there are 164 CSX trains which traverse their community in a 24-hour period. Each train takes approximately 5 minutes to pass through the seven crossings in the city, which means that traffic is stopped somewhere there for

6½ hours in each 24-hour period. Rocky River is thankful for the agreement in place negotiated by Gary Ebert, David Matty and the Mayors with Congressman Kucinich because the trains which pass to the south could be here. She believes that once Norfolk-Southern is able to speak to the FRA, the City will make progress in its quest for a Quiet Zone.

A letter has been received from the Ohio Public Works Commission officially notifying the City that its $2,987,712 application for the storm and sanitary sewer project on Valley View has been approved for 0% interest loan rates. Although the letter was expected, the Mayor was pleased to receive official word. More information will be forwarded by July 1.

The evaluation of the City's streets for will begin shortly. In addition to the paved areas aprons and curbs will be evaluated, and the streets that need repair most urgently will be placed at the top of the road repair list. This year, Gasser, Cottonwood and Westway will be repaved with additional work done in the Addington and Kings Mill neighborhoods. Copies of the street evaluation report will be distributed to Council members.

The Mayor distributed copies of the press release which explains the sanitary sewer rate increase of $25 per quarter and its use to rehabilitate the City's sewer system.

The organizers of the Relay for Life have written to residences which neighbor the high school to alert them that the relay will be held at the football field on May 23 and 24, and to explain what will happen. If there are questions, a contact number was provided.

On Wednesday, second graders from Goldwood School will take their trolley tour and see the sights around the City as well as making a visit to City Hall.

This Saturday, another community shredding day will be held from 8:30 to 10:30 a.m. between the Fire Station and the Senior Center.

Councilwoman Anjanette Arabian was the first woman over the finish line in the "Sprint into Spring" race last weekend, as well as being fifth overall. The Mayor congratulated her on her strong showing.

Discussion:

Councilman Long asked about the problem with the number of trains to be used to calculate eligibility for the Quiet Zone. The Mayor explained that Norfolk Southern has included not only through trains but also other trains on the tracks. She feels that the most effective step is for the FRA to speak directly to the railroad and to also to ask them to tell Rocky River what standards were used for other Quiet Zones. Further Quiet Zone discussion brought out the following points:

• Mr. Bemer said it was his understanding that the railroad's numbers include switching trains, as well as locals, maintenance and other trains which do not carry freight.
• Moraine, the only Quiet Zone in Ohio was discussed at the meeting.
• Most trains in the area go to the south through Berea and Olmsted Falls.
• It is encouraging that the railroad representative seems anxious to satisfy the City's requests.
• If the City must use a number higher than five in the FRA calculator, it will be required to install Supplemental Safety Measures before it can implement a Quiet Zone.
• Congressman Kucinich seems interested in helping the City, noting that it is taking far too long to implement the zone.

Mr. Moran commented that the repaving of Westway has been completed. He noted that no one realized how important it was until it closed. He was pleased with the work and with the funds obtained from the County by the persistence of Director Linden.

Mr. Mylen asked how much will be raised by the $25.00 sewer fee. The Mayor responded that it will raise $700,000 per year.

LAW DIRECTOR'S REPORT:

The Charter Review Commission is concluding its work, and the Law Director will prepare written drafts of their suggested ballot issues to be forwarded to Council.

The real estate transaction recently passed by Council is due to close May 30. Mackay Engineering has handled the lot split, and the deeds will be prepared and recorded. The transaction is moving ahead smoothly.

Regarding Ordinance No. 36-08 which adds Chapter 913, the Rights of Way Administration, the Law Director is working with AT&T as well as discussing issues with Building Commissioner Kevin Beirne to resolve language issues.

COMMITTEE REPORTS:

Safety Committee: Mr. Shepherd reported that he anticipates legislation from the Fire and Police Divisions. The Ohio Fire Code, which has been adopted and made part of the Codified Ordinances, is being studied by the Chief and Fire Safety Office Crowe to see if amendments are necessary for applications to City use.

In the Police Division, legislation concerning child restraints will be proposed. In this way, if violators are ticketed, it can be done under the City Code rather than the State Code.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

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

Mr. Shepherd referred to the Law Director's comments during his report and requested that the ordinance remain on hold until language issues being discussed with AT&T and the Building Commissioner can be resolved.

MOTION:

Moved by Mr. Shepherd, seconded by Mr. Hunt and Mr. Furry, and Ordinance No. 51-08 be amended as discussed at the last meeting of the Committee-of-the-Whole by adding one intersection to the exhibit of Appendix A.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

AMENDED 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

3^RD READING

Moved by Mr. Shepherd, seconded by Mr. Furry and Mr. Long, that Ordinance No. 51-08 be passed as read:

Discussion: This ordinance, which had its third reading this evening, has been discussed at length. Resident feedback has been positive, and Mr. Shepherd is prepared to call for a vote this evening.

Mr. Moran added that the ordinance had its origins in the Police Department which received input from school crossing guards. Residents have applauded the move which should help save on gas costs.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 57-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AMENDING ORDINANCE 136-07 BY CREATING THE POSITION OF SECRETARY - PART-TIME IN THE FINANCE DEPARTMENT OF THE CITY OF ROCKY RIVER AND FIXING THE HOURLY RATE FOR SAID APPOINTED EMPLOYEE

1^ST READING

As mentioned last week, this ordinance was presented by the Finance Department and the Mayor who feel that additional help is needed in that department. Finance Director Thomas added that the plan is to assemble another workstation which will be shared by two part-time employees: a finance clerk and a secretary.

ORDINANCE NO. 62-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH RMH CONCRETE & FOUNDATIONS, INC. FOR THE 2008 CONCRETE/SIDEWALK PROGRAM IN AN AMOUNT NOT TO EXCEED $82,910.00

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Shepherd and Mr. Furry, that the rule requiring that Ordinance No. 62-08 be read on three separate days be suspended, and that Ordinance No. 62-08 be placed upon its passage:

Discussion: This ordinance will allow the Safety-Service Director to take care of the repair of sidewalks and other concrete needs for City residents. The repair season is drawing near, so this ordinance should be passed in a timely manner to allow crews enough time to accomplish repairs.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Long, that Ordinance No. 62-08 be passed as read:

Discussion: This is one of seven bids as shown in the attached summary. Although there was one lower bid, it was not responsive, in that all portions of the bid form were not completed. This firm has done satisfactory work for the City before. Mr. Linden explained that all of these funds may not be spent, but are allocated as necessary.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 63-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE ADDING CHAPTER 1311 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "CONTROLLING SITE SOIL EROSION, SEDIMENT STORM WATER QUANTITY MANAGEMENT AND POST-CONSTRUCTION STORM WATER QUALITY RUNOFF" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Furry explained that this ordinance was prepared in response to last week's public meeting to discuss Storm Water Management with Michael Mackay, Kim Kerber and consultant Joseph Koncelik. This is part of the NPDES Storm Water Phase II which requires the program. Mr. Furry indicated that it will be referred to the Planning Commission for discussion at its May meeting.

ORDINANCE NO. 64-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE ADDING CHAPTER 1315 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "ILLICIT DISCHARGE AND ILLEGAL CONNECTION CONTROL" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

This is a companion to Ordinance No. 63-08 above. It also will be referred to the Planning Commission.

Mayor Bobst noted that with these ordinances on next week's agenda for discussion, if Council members would like to have the consultants in attendance, they need only notify the Administration.

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 58-08 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH KOKOSING CONSTRUCTION COMPANY, INC. FOR THE WWTP CAPITAL IMPROVEMENTS PROJECTS 2008-2009 AT THE ROCKY RIVER WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT TO EXCEED $2,434,000

1^ST READING

This ordinance was discussed in detail at last week's meeting of the Committee-of-the-Whole when Superintendent Harrington explained the project and financing in detail.

ORDINANCE NO. 59-08 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 KOKOSING MATERIALS, INC. THE SUCCESSOR IN INTEREST OF C & S LIMESTONE LTD., AT THE PRICES BID PREVIOUSLY BY C & S LIMESTONE ($15.25/TON FOR CRUSHED SCREENING AND $17.40/TON FOR #57 SCREENING)

1^ST READING

Mr. Hunt noted that last week's discussion brought out the fact that the original successful bidder to sell limestone screening to the City was bought by another firm. This ordinance acknowledges the name change to Kokosing, so that bills can be paid.

ORDINANCE NO. 60-08 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE PRINTING SERVICES FOR THE CITY OF ROCKY RIVER FROM ADMIRAL PRODUCTS, INC. FOR TWO (2) YEARS

1^ST READING

Also discussed last week, Admiral Printing, the present contractor, has done satisfactory work for the City. There was only one other bidder whose bid was not responsive. In addition, Admiral has good postage rates per thousand items which is of significance for publications like the Quill, Recreation Department brochures, and sewer billing

ORDINANCE NO. 61-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2008 CHEVY UPLANDER CHASSIS BRAUN ENTERVAN CONVERSION VEHICLE FOR THE SENIOR CENTER UNDER THE OHIO DEPARTMENT OF TRANSPORTATION'S COOPERATIVE PURCHASING PROGRAM FROM THE BRAUN CORPORATION AT A COST NOT TO EXCEED $32,270.00

1^ST READING

Mr. Mylen explained that the vehicle being purchased will transport wheelchairs and allow the larger current vehicle to be retired. The newer vehicle will also save on gas usage. Mr. Linden was extremely happy with this price.

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 Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

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

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:50 p.m.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council