CITY OF ROCKY RIVER

JUNE 8, 2009

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. Shepherd, Mr. Mylen, Mr. Furry,

Mrs. Arabian Whitman, Mr. Long, Mr. Moran

Administration: Mr. Linden, Mr. Thomas

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. Long, that the reading of the minutes of the Legislative Meeting of May 26 be waived, and that the minutes be accepted as submitted.

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

Arabian Whitman - 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 of June 1 be waived, and that the minutes be accepted as submitted.

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

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays 1 abstention PASSED

Mr. Moran expressed Council's condolences to the Bobst family on the passing of the Mayor's father, and commented that the City is looking forward to her return.

MAYOR'S REPORT:

In the Mayor's absence, Safety-Service Director Linden reported that a check for $25,263.16 has been received from the State for operation of the Marine Patrol.

Phase I of the Lake Road Project began today. A subcontractor for Burton Scot is removing the concrete island, and on Wednesday, grinding will begin. Phase II will be placed for bids next year, and Mr. Linden pointed out that tonight's agenda contains preliminary legislation to prepare the financing of that project.

The 2009 Paving Program will be placed for bids Friday. Included will be:

• Replacement of the Parsons Ct. water line and repaving of the street.
• Allen Court water line replacement and repaving. Installed in 1919, Allen Ct and Parsons Ct. have 4" water lines, and Cleveland Water will not permit relining, but requires replacement.
• W. Wagar Circle will also have a water line replacement and be repaved.

Tonight's agenda includes legislation approving the relining of the Goldengate water line. Mr. Linden said he would like that project to begin as soon as possible because the other projects will be bid on Friday, and he hopes they will be ready to begin in three weeks or so.

LAW DIRECTOR'S REPORT:

Law Director Bemer indicated that two companion ordinances, No. 37-09 and 38-09 are on tonight's agenda and are concerned with towing storage charges and amendments to penalties for parking violations. These ordinances have been discussed with Council Safety Committee Chairman Shepherd and were thoroughly reviewed by Police Chief Wagner, who has endorsed the changes.

COMMITTEE REPORTS:

Contracts - Government and Judicial:

As requested by Council President Moran, standing committee reports began this evening with Mr. Hunt, chairman of the Contracts Committee.

Members of his committee are Mrs. Arabian Whitman, Mr. Furry and Mr. Shepherd.

Because most agreements and contracts are reviewed by this committee, Mr. Hunt noted that the breadth of what comes through this committee is substantial.

Some key ordinances include:

• The purchase of the Wagar Road property, under discussion for some months.
• The AT&T requests for easements which have been removed from the agenda.
• Annual contracts submitted by the City Engineer, Mr. Mackay
• Needed supplies and services, such as salt for City streets in winter, and landscaping of unkempt properties in summer.
• The cooperation agreement with the Irish Barber, which Mr. Hunt noted was a unique proposition and interesting engagement of the Committee.
• Capital improvement projects, particularly at present, Lake Road.

Mr. Hunt observed that discussions with the Mayor, Director Bemer, Mr. Linden and other members of the Administration have provided all necessary information well in advance of Council's deliberations. He said that the fact that most of this legislation is passed without unnecessary delay is a tribute to the Administration.

He further mentioned that for the future, more consideration may be made of the judicial aspects of the Contracts Committee, perhaps engaging Judge Hagan or Judge Fitzsimmons. He thanked Mr. Linden whose information makes decisions easier.

• Safety-Service Director Linden praised his coordinator, Mary Kay Costello. He said that she does her job very well which makes his job easier, adding that she deserves the credit for much of the information which comes from his department.

Mr. Moran said that the work of this committee was very engaging, particularly as concerns the TREX application and noted that having the information before considering ordinances makes the decisions easier to make. He asked if there has been any further updates regarding AT&T. Mr. Hunt said there have been no communications.

Mr. Bemer observed that the company has hired young people to solicit business in the community.

Mr. Hunt also thanked non-committee members who attend meetings and supply invaluable input on many topics.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mrs. Arabian Whitman announced the end of the spring sports season with the State finals. Andy (Andrea) Hobson from Rocky River did very well with a personal best in the pole vault at 11 ft., winning ninth place overall. A boy from Rocky River also qualified. Mrs. Whitman's team from Magnificat ended in fourth place overall with nine entrants, the third largest team of qualifiers. The 4 x 800 relay team came in first and two members competed individually: Maddie Chambers in the 1600 (winner) and 800, and Cat Stultz who took fourth in the 1600. Twins Abby and Clare Fischer placed ninth and tenth in the 3200 in their first outing at a state meet.

Mr. Moran indicated that a former Councilman-at-large back in the 1950's, Walter Manns, passed away over the weekend. Mr. Mann's name is on the plaque outside Council Chambers. Mr. Moran expressed condolences to the Mann family, noting that as a long-time resident of the City, he will be missed.

Mr. Moran also reported that there was a Cooper (mini-Cooper) show at Beachcliff Market Square over the weekend. Manager Bill Brink said it was very successful. Other events will follow.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 32-09 BY THOMAS J. HUNT

AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH COMMUNITY CHALLENGE TO PROVIDE CERTAIN SOCIAL SERVICES BENEFICIAL TO THE CITY FOR AN AMOUNT NOT TO EXCEED $32,000.00 AND DECLARING AN EMERGENCY

2^ND READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 32-09 be read on three separate days be suspended, and that Ordinance No. 32-09 be placed upon its passage:

Discussion: Mr. Hunt noted that Council has had an opportunity to discuss this ordinance on two occasions, and he appreciated the input of Councilwoman Whitman regarding her experience with Community Challenge. He said he feels that, based upon these discussions, there is no reason for further delay.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry and Mr. Long, that Ordinance No. 32-09 be passed as read:

Discussion: Based upon the services that Community Challenge has provided, Mr. Hunt said it is in the best interests of the City to extend benefits like eduvention, family fun fests and other fine programs to the youth of the City. Mrs. Arabian Whitman again commented that this is a wonderful asset for the community.

Mr. Mylen asked if there has been any concern about cutting back the dollar amount of the agreement.

• Mr. Hunt responded that discussions between representatives and the Mayor resulted in agreement on this amount. He commented that Mayor Bobst has been diligent in assuring that the City is not spending more than necessary and Community Challenge has approved the funding being provided.
• Mr. Moran noted that there were many meetings with the Mayor as Community Challenge was blended with Recovery Resources and some new staff. He said that the Mayor made very clear what was expected in services and reporting on any expenses. Payments are made on a quarterly basis, and the organization is responsible for providing information on what services have been provided.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

RESOLUTION NO. 33-09 BY THOMAS J. HUNT

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR TO ADOPT THE COOPERATION AGREEMENT BETWEEN THE IRISH BARBER, INC. AND THE CITY OF ROCKY RIVER

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Shepherd, that the rule requiring that Resolution No. 33-09 be read on three separate days be suspended, and that Resolution No. 33-09 be placed upon its passage:

Discussion: Mr. Hunt indicated that there has been considerable discussion concerning this resolution, particularly the ramifications of the contract and its enforceability. When the formal process of application to the Division of Liquor Control begins, Council will once more be contacted. At this point, Council has no objection to the TREX.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Resolution No. 33-09 be passed as read:

Discussion: For the reasons discussed at the last meetings, Mr. Hunt said it is time to give Mr. Gormley the opportunity to succeed and expand his business.

To clarify, Mr. Bemer noted that this resolution will give the Mayor the authority to enter into the Cooperation Agreement, a necessary step before notifying the Liquor Control Division that Council has no objection to the TREX. At that point, Mr. Gormley can seek a license and go through the application process.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 34-09 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE ESTABLISHING THAT ROCKY RIVER CITY COUNCIL SHALL RECESS DURING THE MONTH OF AUGUST IN 2009

1^ST READING

Moved by Mr. Moran, seconded by Mr. Furry and Mr. Long, that the rule requiring that Ordinance No. 34-09 be read on three separate days be suspended, and that Ordinance No. 34-09 be placed upon its passage:

Discussion: This ordinance must be passed annually so that Council can recess during August.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Furry, that Ordinance No. 34-09 be passed as read:

Discussion: Mr. Moran noted that it is traditional for Council to recess during August.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 35-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY SERVICE TO ENTER INTO A CONTRACT WITH TERRACE CONSTRUCTION CO. INC. FOR THE GOLDENGATE AVENUE WATER MAIN REHABILITATION PROJECT AT A COST NOT TO EXCEED $57,417.00

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Long, that the rule requiring that Ordinance No. 35-09 be read on three separate days be suspended, and that Ordinance No. 35-09 be placed upon its passage:

Discussion: As explained by Director Linden, this ordinance will authorize the relining of the water line on Goldengate Avenue. Mr. Hunt indicated that since the repaving bid opening will be on Friday, he would like to begin this portion of the project.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Ordinance No. 35-09 be passed as read:

Discussion: Mr. Hunt noted that this project goes with the repaving of the road and was in the Capital Improvement budget passed at the end of last year. The Engineer's Estimate was $82,000, but Terrace Construction, which was recommended by Mr. Mackay, placed the lowest and best bid at $57,417.

Mr. Furry asked if Cleveland Water should be responsible for relining of this pipe. Mr. Linden responded that Cleveland maintains only the main lines and cities are responsible for smaller lines, less than 20".

Mr. Furry also asked about the cementing process and was assured by Mr. Linden that it does not greatly reduce the 6" diameter of the pipe. Mr. Linden explained that projects are submitted to Cleveland Water which makes the decision about what needs to be done, relining or replacing. This one is in good enough condition to reline, but Parsons Ct, Allen Ct and W. Wagar Circle need replacements.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 36-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR FUNDING EIGHTY PERCENT (80%) OF THE COSTS FOR REHABILITATING LAKE ROAD (FROM MOREWOOD PARKWAY TO LINDA STREET AND WIDENING THE ELMWOOD INTERSECTION) WITH THE CITY OF ROCKY RIVER ASSUMING TWENTY PERCENT (20%) OF THE COST AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mr. Hunt said that this ordinance will be held for further discussion next week. At the beginning of the year, an ordinance was passed to obtain the right-of-way necessary for Phase II of the Lake Road Project, and this ordinance is a further step to realization of the project.

ORDINANCE NO. 37-09 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE TO AMEND SECTION 139.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, CONCERNING VEHICLE STORAGE CHARGES FOR ITEMS IN THE TEMPORARY CUSTODY OF THE ROCKY RIVER POLICE DEPARTMENT

1^ST READING

Moved by Mr. Shepherd, seconded by Mr. Furry, that the rule requiring that Ordinance No. 37-09 be read on three separate days be suspended, and that Ordinance No. 37-09 be placed upon its passage:

Discussion: This ordinance will increase storage charges to market rates. Currently, the rate is $8/day and this will be increased to $15/day.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Shepherd, seconded by Mr. Long, that Ordinance No. 37-09 be passed as read:

Discussion: This has been discussed at the meeting of the Safety Committee with Administration members and Council members present.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 38-09 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE TO AMEND VARIOUS SECTIONS OF CHAPTERS 351 AND 557 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, CONCERNING PARKING VIOLATION PENALTIES

1^ST READING

Before proceeding, Mr. Shepherd asked the Law Director about the fine for overnight parking, noting that in general, fines have been increased, but it appears that the fine for that particular offense has been decreased from $25 to that of a basic parking ticket. Mr. Bemer responded that it was an inconsistency which had not been changed since 1975 and which has been clarified in this ordinance.

Moved by Mr. Shepherd, seconded by Mr. Furry, that the rule requiring that Ordinance No. 38-09 be read on three separate days be suspended, and that Ordinance No. 38-09 be placed upon its passage:

Discussion: Because the Police Division is at a point when new citation forms must be ordered, new fines should be set without delay so that the new forms will be accurate. Therefore, Mr. Shepherd recommended the suspension of the three-read rule.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Shepherd, seconded by Mr. Long, that Ordinance No. 38-09 be passed as read:

Discussion: Mr. Shepherd indicated that there are many revisions and changes because of existing inconsistencies which have now been rectified. He thanked the Law Department for its thorough examination and then briefly reviewed the changes made in Exhibit "A" including changes in times during which a fine must be paid and the new amounts in all classifications of fines. He noted that at the meeting of the Committee-of-the-Whole, these proposed fines were compared with present fines in Westlake, Bay Village, Fairview Park and North Olmsted, and said that, for the most part, Rocky River's new fines will be about in the middle.

Mr. Mylen asked about the purpose of the increases, whether it is to encourage compliance, to increase revenue or to meet market standards. Mr. Shepherd said he believes it is all three: to act as a deterrent when $5 will not, it also increases revenue and since it has not been changed for a long time, it will be more in tune with market standards. He said these rates are still modest. Mr. Hunt also said that there are safety issues here and increased fines will increase compliance.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Long said that a notice appeared in today's paper about the passing of Dr. John Sanders, an outstanding obstetrician who served as the Medical Director for the Northcoast Health Ministry. He passed away on May 28 at age 92 and among his proud accomplishments was his delivery of Mr. Long.

Mr. Moran also noted the passing last week of well-known Rocky River resident Richard Jacobs, whose children went to Rocky River High School. Although known for his work with the Cleveland Indians, he had many other accomplishments, and Mr. Moran said that he will be missed for the many contributions he made.

This week there will be a D.A.R.E. graduation on Wednesday at the Umerley Civic Center for the Kensington fifth-graders. D.A.R.E .Officer Tracy Hill will participate in his first graduation as the D.A.R.E. officer. Mr. Moran will attend, and he congratulated the graduates as they pass on to the middle school.

This Friday will also see the high school graduation. There will be an all-night party with a preview on Wednesday at 7:00 p.m. Mr. Moran said the purpose is to see that graduates celebrate safely from midnight until 4:00 a.m. or 5:00 a.m. with a fun program that features their parents.

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:58 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council