DRAFT



CITY OF ROCKY RIVER



MAY 22, 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: Mayor Knoble, Mr. Linden, Mr. Thomas





Law Director: Mr. Bemer





Press: Mrs. McKenzie, Ms. Mitchell





The meeting was opened with the Pledge of Allegiance. Mrs. Bobst then temporarily adjourned the meeting for a Public Hearing on Amended Ordinance No. 29-06.



The meeting was reconvened at 8:05 following the Public Hearing.





MOTION:



Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the reading of the minutes of the Legislative Meeting of May 8 and the meeting of the Committee-of-the-Whole of May 15 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7ayes 0 nays PASSED





MAYOR'S REPORT:



Mayor Knoble added to information from the Public Hearing that Ingersoll Drive is a private road. Occasionally calls are received about its condition or other issues, but the City has no control over the private road. The City has offered to take it over, but the owner has declined.



The Mayor then turned to Safety-Service Director Linden for an update on the projects under way in the City.



The Mayor has heard on the radio that the State's "Click it or Ticket" campaign is under way. Although the City does not intend to emphasize the issue more than normal, he cautioned motorists to be prepared and always to fasten seat belts.



The pool will open June 3 with a somewhat limited schedule until all lifeguards are available.



The grand opening of Sky Bank will be at 6:00 p.m. on Wednesday. The Mayor welcomed this new business to the community.



The DARE graduation will be held at the Civic Center on June 7 at 9:30 a.m. The Mayor noted that many Council members like to attend this event.



Mayor Knoble has toured the newly completed Beachcliff Market Square garage. He encouraged Council members to see it and reported that he is pleased with the results. He commented that it fits nicely into the design of the entire area. When it is up and running, the benefit to the business atmosphere of Rocky River will be clear.





LAW DIRECTOR'S REPORT:



Mr. Bemer has received the monthly figures from Norfolk-Southern and reported that an average of 3.6 trains per day passed through the City in April, with a high of 6 trains on three days and one on one day.



He also reported on legal activities regarding the Project Lightspeed buildout proposed by AT&T. This week, he was in touch with attorneys representing the cities of New Albany, Grove City, Worthington and Dublin, all near Columbus. Grove City has already passed an ordinance, and is in the process of signing video agreements with AT&T. Mr. Bemer reports that they are satisfied with the process. New Albany will pass its ordinance next week. Worthington and Dublin are taking beginning steps toward agreement. Mr. Bemer felt it important to note that all of these cities, except part of Worthington, are newer cities. They were built anticipating technological advances and have more space to implement them. This means that there are fewer problems with structures in the right-of-way which cause objections from the community. In Grove City, there are already two competing cable companies, Time-Warner and Adelphia; neither objected to additional competition. Attorneys have litigated right-of-way issues regarding video as compared with utility functions before the PUCO who rendered a decision that AT&T is a utility regardless of the services provided. Another focus of the attorneys is the upgrading of regulations of the right-of-way.



Mr. Gollinger asked if the Law Director has information about what alternatives are available pertaining to the Lakewood Dog Park in the event Council wishes to take action.



Mr. Gollinger reiterated his question about alternatives available to this body for action to cause the noise to go away.



COMMITTEE REPORTS:



Mr. Gollinger reported on behalf of the Planning, Zoning and Economic Development Committee that he had attended a good portion of the meeting of the Board of Zoning & Building Appeals (BZA). Of particular interest was the requested cell tower at the high school football field. He said that it appeared that the School Board has expressed interest in providing this site. The Planning Commission has looked at the safety factors. The tower will replace a light pole on the southeast corner which will be well disguised.





COMMUNICATIONS AND ANNOUNCEMENTS:





Mrs. Bobst has received the following correspondence, all expressing opposition to the AT&T buildout for Project Lightspeed.



Thomas Gelder, 21144 Aberdeen Road, (Exhibit "A")



Nancy Calcott, 21105 Aberdeen Road, (Exhibit "B")

Dave Magalen, 21016 Aberdeen and Bill Shie, 21024 Aberdeen Road, (Exhibit "C")



Jackie Kinsley, 439 Wagar Road, (Exhibit "D")



Al and Margie Sulin, 21130 Aberdeen Road, (Exhibit "E")





On Wednesday, May 24, a joint session of the BZA, Planning Commission and Design and Construction Board of Review will be held in the David J. Cook Council Chambers at 7:00 p.m. On the agenda of the meeting called by Law Director Bemer will be remarks by Kory Koran, Director of Economic & Community Development, Kevin Beirne, Building Commissioner and Councilman Frank Gollinger, Chairman of Council's Planning, Zoning & Economic Development Committee.



On Monday, May 29, the annual Memorial Day Parade will be held. As reported by the Mayor, participants will gather at 10:00 a.m. and the parade will begin at 10:30. Featured will be a program at Lakewood Park Cemetery.



Next Monday will be the fifth Monday of the month, and no Council meeting will be held.



Residents of the affected portion of the Yacht Club Basin have been notified by letter of the beginning of the engineering project which will take sample borings to assess the condition of the hillside and the feasibility of widening the road.



An interesting session was held last Wednesday in the "Voices and Choices" program which encourages area residents to express their opinions on revitalizing the region's economic development.



On Thursday, June 1, Tom Hunt will be sworn in as the new Ward I Council member. The resolution appointing him will be considered later in the meeting. All are invited to the ceremony which will be held at 9:30 a.m. in the David J. Cook Council Chambers.



Last week, Director Linden, Mr. Mackay and Council President Bobst attended the preliminary ODOT meeting regarding the Lake Road project. Discussed were several issues regarding right-of-way easements and environmental questions. The City's interests were well represented by Mr. Mackay. The project, slated for 2008, will combine federal, state, city and NOACA grant funds.





MOTION:



Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the 72-hour rule of notification be waived so that Council may consider Resolution No. 79-06.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

AUDIENCE PARTICIPATION: NONE





RESOLUTION NO. 79-06 BY MAYOR KNOBLE, THE LAW DIRECTOR AND

ALL MEMBERS OF COUNCIL

A RESOLUTION COMMEMORATING THE SERVICE OF ROBERT S. FROST, WARD ONE COUNCIL MEMBER OF THE CITY OF ROCKY RIVER

1ST READING



Moved by Mrs. Bobst, seconded by Mr. Gollinger, Mr. Moran and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 79-06 be read on three separate days be suspended, and that Ordinance No. 79-06 be placed upon its passage:

Discussion: All members of Council, the Mayor and Mr. Linden spoke eloquently on Mr. Frost's work for the past five years, noting his accomplishments, his inquiring mind, his focus on important issues, and his hard work and determination which won his election.

Mr. Frost congratulated Tom Hunt and commented that he had very much enjoyed working with members of Council. He said that he will leave behind one of his best memories, that of having served with Mayor Knoble who was his mentor politically and a strong influence on his career. He also remembered members who are not here, particularly one who, he said, taught him that it is possible to disagree, but still move forward, James Bartolozzi. Finally, he thanked the Council president for her leadership, the law directors for their advice, his family, and the Mayor for his leadership and guidance.

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. Gollinger, that Ordinance No. 79-06 be passed as read:

Discussion: See above.

Vote: Gollinger - aye Moran - aye Frost - abstain Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays 1 abstention PASSED





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"

3RD READING

Moved by Mr. Gollinger, seconded by Mr. Moran , that Amended Ordinance No. 29-06 be passed as read:

Discussion: Mr. Gollinger noted that the Public Hearing had been held this evening, and there was no public comment on the ordinance. It has been reviewed twice by the Planning Commission and both times, unanimously approved. He noted that this will permit upgrading of the area which has been needed for some time and he urged his fellow Council members to support the change.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED





ORDINANCE NO. 74-06 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2007 CHEVY SILVERADO FOR THE WASTE WATER TREATMENT PLANT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM TAYLOR CHEVROLET AT A COST NOT TO EXCEED $23,400.50

1ST READING



Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 74-06 be read on three separate days be suspended, and that Ordinance No. 74-06 be placed upon its passage:

Discussion: Mrs. Bobst turned to Safety-Service Director Linden who discussed both this ordinance and the one following, both of which authorize the purchase of vehicles. This truck will be used by workers at the WWTP for necessary hauling and snow plowing. The price includes the plow, and because 2006 models are sold out, the dealer will supply a 2007 at the same cost.

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 Ordinance No. 74-06 be passed as read:

Discussion: See above. Mrs. Bobst added that the purchase has been discussed in the budget process.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED





ORDINANCE NO. 75-06 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2007 FORD FOCUS FOR THE BUILDING DEPARTMENT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM KISTLER FORD AT A COST NOT TO EXCEED $11,662.00

1ST READING



Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 75-06 be read on three separate days be suspended, and that Ordinance No. 75-06 be placed upon its passage:

Discussion: This vehicle will be used by the Building Department. Mr. Linden commented that the City is looking for economy because of fuel prices. This 4-cylinder vehicle will be tried. Again, because 2006 vehicles are sold out, a 2007 will be provided at the same cost.

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 Ordinance No. 75-06 be passed as read:

Discussion: Mayor Knoble commented that the last vehicle purchased for inspections was in 2001. He noted that this is a tribute to the Service Department as well as the good treatment given the vehicles by City employees.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED







ORDINANCE NO. 76-06 BY BRIAN A. HURTUK

AN ORDINANCE AUTHORIZING THE CERTIFICATION OF PROPERTY MAINTENANCE COSTS TO THE CUYAHOGA COUNTY AUDITOR FOR COLLECTION, IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO

1ST READING



Moved by Mr. Hurtuk, seconded by Mr. Hagan and Mr. Gollinger, that the rule requiring that Ordinance No. 76-06 be read on three separate days be suspended, and that Ordinance No. 76-06 be placed upon its passage:

Discussion: This is a housekeeping and cash management ordinance, and Mr. Hurtuk indicated that there is no reason to delay it for six weeks.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED



Moved by Mr. Hurtuk, seconded by Mr. Hagan, that Ordinance No. 76-06 be passed as read:

Discussion: Mr. Hurtuk explained that from time to time, the City is forced to maintain properties. If bills are not paid, the amounts are added to property taxes for collection. Mr. Hagan inquired about the status of properties in his ward.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED







ORDINANCE NO. 77-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO SELECT UNIVERSITY COMPCARE AS THE CITY'S WORKERS' COMPENSATION MANAGED CARE ORGANIZATION (MCO)

1ST READING



Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Ordinance No. 77-06 be read on three separate days be suspended, and that Ordinance No. 77-06 be placed upon its passage:



Discussion: University CompCare is the current provider of managed care services. Mr. Hagan noted that the City's contract with them expires on May 26, so this ordinance should not be delayed.

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. 77-06 be passed as read:

Discussion: This will be a two-year contract at no expense to the Cit y for management of workers' comp cases. Mayor Knoble added that he does not deal with this firm directly, but Mrs. Whitman, the Human Resources Director, is very pleased with their service.

Vote: Gollinger - aye Moran - aye Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED







RESOLUTION NO. 78-06 BY PAMELA E. BOBST

AN EMERGENCY RESOLUTION APPOINTING THOMAS J. HUNT AS WARD I COUNCILMEMBER, IN THE CITY OF ROCKY RIVER, OHIO

1ST READING



Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 78-06 be read on three separate days be suspended, and that Ordinance No. 78-06 be placed upon its passage:

Discussion: For reasons stated earlier, Mr. Frost will leave his position as Ward I Councilman on May 31. This resolution will provide for the appointment of Thomas J. Hunt in that position beginning June 1.

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 Ordinance No. 78-06 be passed as read:

Discussion: Mrs. Bobst noted that the swearing-in will be on Thursday June 1. Mr. Frost remarked that his abstaining vote on this resolution does not indicate that he is opposed to the appointment of Mr. Hunt, but the Charter does not give him a vote.

Vote: Gollinger - aye Moran - aye Frost - abstain Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays 1 abstention PASSED





ORDINANCES AND RESOLUTIONS UNDER CONSENT:



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

2ND READING



This ordinance, prepared at the recommendation of the state auditors, will create a consistent treatment for estate taxes received. This will formalize, upon the recommendation of the Administration, the percentage of the estate tax into the General Fund.

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

2ND READING



This ordinance will authorize the actual transfer of funds, using an 80/20 rule as a guideline. A new ordinance can be introduced to amend that recommendation when needed.



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

2ND READING



This ordinance is the result of a study done by Cleveland Water Department, which recommended the relining of the water main to improve water pressure. Mayor Knoble clarified the situation: he explained that the low pressure applied to the sprinkler system and fire hose connections which would serve the middle school. There has always been sufficient pressure for residences. The method used will be the least expensive and the least disruptive for residents.



ORDINANCE NO. 72-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO ENTER INTO 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 $3.76 PER EMPLOYEE

1ST READING



As discussed at the last meeting of the Committee-of-the-Whole, this ordinance will authorize the supplying of uniforms for six employees of the Service Division under a three-year contract.



ORDINANCE NO. 73-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE ADMINISTRATION TO PURCHASE AN ESTIMATED 4,350 TONS OF SALT FOR THE SERVICE DEPARTMENT UNDER THE STATE COOPERATIVE PURCHASING ACT, CONTRACT 18 FROM THE STATE-APPROVED VENDOR

1ST READING



This purchase of salt for the next winter season is a housekeeping ordinance to purchase the salt at the best price.

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 items 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: NONE





AUDIENCE PARTICIPATION:



Elisabeth Katschka, 2750 Wagar Road, is a crossing guard, as is her husband, and both are employed by the City. She recounted in dramatic fashion the dangers of her position in protecting school children. She praised Lt. Terry Hudec for listening to her concerns and supporting the guards in performing their duties. She said, however, that the police cannot be everywhere at once, and she requested that at her intersection, Lakeview and Hilliard, that right turns on red be prohibited during wider hours. She noted that school children begin crossing earlier than the 7:30 a.m. prohibition and some drivers are disrespectful and careless in watching out for her and for the children. She takes her responsibility seriously and would like the right turn prohibited at 7:00 instead.

Mrs. Bobst referred her to Mr. Linden, who promised that he will look into the matter tomorrow morning.

Mayor Knoble added that many residents believe that crossing guards are school employees, but in fact, they are City employees under the supervision Lt. Terry Hudec of the Police Department.



Brian Ruic, 20358 Westover, commented that Rob Frost was the first speaker for the Young Republicans Club at the high school. He indicated that they would like to hear more from him.

Fred Sokol, 20021 Parkview, indicated that he would like to honor Rob Frost and wish him good luck. He recalled his Channel 45 talk show appearances where he would discuss politics. He added that Mr. Frost had been honored as a member of the last Electoral College and cast a vote for the President.



Finally, Mr. Frost spoke, remembering that when he first ran, he had three key issues which were not groundbreaking, but were issues he felt were important:

He praised the Mayor and his staff of directors and noted that he had enjoyed serving with them. The one basic role of Council is to oversee finances, keeping taxes low and holding to the budget created by the Administration. He acknowledged that he is sad to be leaving at a time when the issue of local government and local control is so important.



As there was no further business by members of Council, the meeting was adjourned at 9:35p.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 22, 2006. These minutes may be revised or amended at the next Legislative Meeting.



DRAFT



CITY OF ROCKY RIVER



MAY 22, 2006





PUBLIC HEARING - AMENDED ORDINANCE NO. 29-06

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"

The Public Hearing for Amended Ordinance No. 29-06 was opened by Mrs. Bobst, President of Council, at 8:01 p.m.





Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hurtuk,

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

Absent: Mr. Frost



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





Law Director: Mr. Bemer





Press: Mrs. McKenzie, Ms. Mitchell





Mrs. Bobst called upon Mr. Gollinger, Chairman of Council's Planning and Zoning Committee.

Mr. Gollinger indicated that a proposed zoning change which would be authorized by this ordinance. He noted that the property, Permanent Parcels no. 301-15-018 and 301-15-019 were located on Smith Court at Ingersoll. This ordinance has been read two times, was reviewed twice by the Planning Commission and unanimously approved both times.





AUDIENCE PARTICIPATION:  NONE

Mr. Gollinger then indicated that he would look for passage of this ordinance which will change these parcels from an Office zoning with a potential 100' height to Service Manufacturing which will allow the property to be developed to complement a recently built structure on Ingersoll.





MOTION:



Moved by Mr. Gollinger, seconded by Mr. Hurtuk, that the Public Hearing for Amended Ordinance No. 29-06 be closed.

Vote: Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED





As there were no further comments from members of Council, the Public Hearing was closed by Mrs. Bobst at 8:04 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 22, 2006. These minutes may be revised or amended at the next Legislative Meeting.