CITY OF ROCKY RIVER

JUNE 11, 2007

The regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:00 p.m. in the David J. Cook Council Chambers.

Council Members Present: Mr. Moran, Mr. Hunt, Mrs. Bartolozzi, Mr. Long, Mr. Hagan

Absent: Mr. Gollinger, Mr. Hurtuk

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

Law Director: Mr. Bemer

Press: Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Hagan, seconded by Mr. Long, that the reading of the minutes of the Legislative Meeting of May 29 and the Commuter Rail Presentation and the meeting of the Committee-of-the-Whole of June 4 be waived, and that the minutes be accepted as submitted.

Vote: Moran - aye Hunt - aye Bartolozzi- aye

Long - aye Hagan - aye

5 ayes 0 nays PASSED

MAYOR'S REPORT:

A meeting has been scheduled with Mayor George and the Lakewood Law Department on Wednesday, June 13. The Mayor and Law Director Bemer will present their thoughts regarding the noise generated by the dog park. The Mayor will report on the results of that meeting next Monday.

The Mayor met with several post office representatives, including the regional postmaster. Council President Hagan was also present. Under discussion were the plans presented by post office officials, including a change in traffic patterns which created another entrance on Jameston. The City prefers a single entrance with a pattern similar to the existing, but with enhancements at the Hilliard entrance. Those comments, by Safety-Service Director Linden and City Engineer Michael Mackay, were well received. Within ten days or so, new plans should be available. At present, it does not appear that approval by the Planning Commission will be necessary, but an informational public meeting will be held for residents of Struhar and Jameston.

Requests for proposals were sent to seven firms for engineering at the WWTP, the monthly retainer as well as the special projects that will be undertaken in the next year. The polymer system, approved by Council, has arrived and will be ready to install shortly. Also, calls for bids on 2007-2008 construction projects will go out on Friday and be due in approximately two weeks. The winning bids will be presented to Council before its recess because of the obligation to secure a contractor and forward the information to the Ohio Department of Public Works in a timely manner.

Resolution No. 64-07 honoring the service of Superintendent Allen was distributed this evening. A reception honoring him will be held on the last Thursday in June. Council members who have additions should contact the Mayor's office.

Yesterday there were approximately 250 attendees at the first concert of the summer season held at the Don Umerley Civic Center. This Sunday, the second of the series will be held at Rocky River Park and will feature the band, Halfway Home.

The Mayor then distributed the River Days schedule which has been sent to the post office for dissemination to residents. All the activities for the event, to be held June 30 and July 1, are outlined in the brochure.

Senior Services Director Carole Calladine today accepted an $800 contribution from the Rocky River Rotary to the senior transportation program. The Mayor expressed her appreciation to the Rotary for its generous support of this program which has enrolled over 1000 senior residents. This vital program assists residents with transportation to doctors, pharmacies, testing, grocery shopping and other necessary activities.

The Mayor was pleased to announce that the current issue of Field and Stream featured an article on the 150 best fishing spots in the country. Rocky River was honored to have two of them, the Rocky River for its steelhead fishing and Lake Erie.

Construction on the Lowe's store is going very well. The rear wall, facing Linden is up as well as the south wall. They are working toward a September opening.

On Friday, the Chamber of Commerce will move to new offices in the Plaza West Building on Center Ridge Road. They feel that that location, with conference rooms and other facilities will serve their needs well.

Improvements will be made to Tri-City Park. The project, which has been under consideration for some time, is now before the Westlake City Council. Costs will be shared among Westlake, Fairview Park and Rocky River, with each share just under $100,000, repayable to Westlake. Details are being arranged for quarterly payments, beginning at the completion of the project, taken from the Cox Cable Fund.

June 6, 2007 was the one-year anniversary of the Heritage House fire. On that date, the City's safety forces received a letter from those residents thanking them for their help on that day and all that they did to keep so many residents safe in that tragic fire. The Mayor expressed her appreciation to them for acknowledging the work of the safety forces.

Senate Bill 117 is still before the Ohio House. The Mayor has received a "Local Government Call to Action" which outlines and explains the amendments proposed to that bill, and she distributed copies to Council members. She urged all to contact legislators and noted that this information would provide talking points in those conversations.

LAW DIRECTOR'S REPORT:

Last Friday morning, Mr. Bemer approached the Court of Common Pleas regarding the City's request to abate the public nuisance at 3770 Wooster Road (corner of Bonnie Bank). Mr. Bemer had sent certified mail to both Countrywide Financial Services and the VA, but neither of those parties appeared at the hearing. With Mr. Bemer was Building Inspector Pat Nugent who brought an extensive collection of photos dating from last July through the day before the hearing which was part of the extensive presentation to the Court. The judge directed Mr. Bemer draft an order to be issued by the Court providing a 60-day period during which both the VA and Countrywide must commence repairs to make the house habitable for human occupancy. Another pre-trial hearing will be held August 16 at 10:00 a.m. Mr. Bemer explained that this order granted preliminary injunctive relief.

Discussion: Mr. Hagan asked what will happen if there is a failure to comply with the Court's order after 60 days. Mr. Bemer responded that it would mean a contempt citation. He noted that he had discussed with Mr. Nugent the possibility of a demolition order, and he asked Mr. Nugent to investigate the cost. There is no basement, so demolition is an option, but at this time, the City is not interested in expending funds it may not recover.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran commented that with the warm weather, all Council members have received complaints from High Parkway residents concerning the dog park. He expressed support for the Mayor in her meeting with Lakewood and hoped for a resolution to the problem.

• The Mayor noted that airport noise is also under discussion in that part of the City, and the issue is being addressed the airport with the residents and by her office. She noted that there will be increased traffic because of airport construction through the summer months into October, but everyone is experiencing some frustration with the FAA, the tower and the pilots, but they are continuing to work on all issues with airport personnel.

AUDIENCE PARTICIPATION: NONE

Mr. Hagan explained that because the requisite number of Council members was not present, there could be no suspension of the three-read rule, so the ordinances will be read for the first time this evening.

RESOLUTION NO. 10-07 BY FRANK B. GOLLINGER

AN EMERGENCY RESOLUTION IN SUPPORT OF FEDERAL FUNDING FOR A WEST SHORE CORRIDOR ALTERNATIVES ANALYSIS

In Mr. Gollinger's absence, Mr. Hagan explained that this ordinance will be held until Mr. Gollinger is able to speak with Director Bemer following his consultation with railroad officials.

ORDINANCE NO. 36-07 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AMENDING CHAPTER 1163 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER BY AMENDING SECTION 1163.10 ENTITLED "SIGNS PERMITTED IN RESIDENTIAL AND PUBLIC FACILITIES DISTRICTS" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

Mr. Hagan noted that Mr. Gollinger has met with Mr. Bemer on this sign ordinance and the one which follows. Mr. Bemer indicated that Councilman Hunt also has an interest in these ordinances, and they will try to coordinate their schedules and meet this week.

ORDINANCE NO. 37-07 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AMENDING CHAPTER 1163 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER BY AMENDING SECTION 1163.11 ENTITLED "ADVERTISING SIGNS" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

See discussion for Ordinance No. 36-07 above.

ORDINANCE NO. 58-07 BY BRIAN A. HURTUK

AN ORDINANCE AUTHORIZING THE MAYOR TO ENGAGE THE OHIO AUDITOR OF STATE FOR PROFESSIONAL AUDIT SERVICES AT A COST NOT TO EXCEED $33,340 AND DECLARING AN EMERGENCY

1^ST READING

ORDINANCE NO. 59-07 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE ADMINISTRATION TO PURCHASE AN ESTIMATED 4,500 TONS OF SALT FOR THE SERVICE DEPARTMENT UNDER THE STATE COOPERATIVE PURCHASING ACT, CONTRACT 18 FROM THE STATE-APPROVED VENDOR

1^ST READING

This ordinance will be discussed further at next week's meeting of the Committee-of-the-Whole.

ORDINANCE NO. 60-07 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE TO AMEND THE COMMERCIAL VEHICLE CODE SECTIONS OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, CONCERNING COMMERCIAL VEHICULAR TRAFFIC WITH NEEDED SAFETY AND REGULATORY CHANGES, BY AMENDING SECTIONS 339.01, 339.02, AND 339.99, BY ADDING NEW SECTIONS 339.15, 339.16, AND 339.17; AMENDING SECTIONS 341.01 AND 341.99, DELETING SECTION 341.03, AND ADDING SECTIONS 341.04, 341.05, AND 341.06; AND FURTHER DELETING SECTION 303.99(A)(8)

1^ST READING

For this ordinance which deals with truck regulations, Mr. Moran thanked the Law Director as well as Chief Wagner with input from Mr. Linden and Officer Hine. Changes made in the ordinance will keep the City current with the State Code and be applied in the use of the new scales recently purchased by the Police Division.

• Mr. Bemer added that the credit goes to Ptl. Jeffrey Hine who has researched weight and overloads of commercial traffic that use Rocky River streets. He recognized that the City ordinances are not in conformance with the State Code, particularly as to the penalty phase. This will give the City the means to enforce the overload provisions of the Code. Pt. Hine also suggested including additional ordinances with safety measures pertaining to commercial traffic.

Mr. Moran commented that during the last year, he has heard complaints about commercial traffic noise and the damage done to City streets. This will give the City the power to enforce the law. Officer Hine has done a fine job, and as an added benefit, additional funds may be returned to the City because of his work.

ORDINANCE NO. 61-07 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) BONNELL BV-1050-S3 V-BOX SALT SPREADER FOR THE SERVICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM CONCORD ROAD MFG., INC. AT A COST NOT TO EXCEED $14,417.06

1^ST READING

ORDINANCE NO. 62-07 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE JANITORIAL SUPPLIES FROM PARKER BROTHERS AT A COST NOT TO EXCEED $30,000

1^ST READING

ORDINANCE NO. 63-07 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE ESTABLISHING THAT ROCKY RIVER CITY COUNCIL SHALL RECESS DURING THE MONTH OF AUGUST IN 2007

1^ST READING

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

Mike Buddie, 18540 High Parkway. Speaking on behalf of the residents of High Parkway regarding the dog park, he commented that for four long years, they have lived with the noise which is increasing with the popularity of the park. Residents have written e-mails, made phone calls to Rocky River and Lakewood officials and police, circulated petitions and everything else that has been requested. They are thrilled with the meeting scheduled for Wednesday and asked the Mayor and Law Director to "take the gloves off" , thanking them for defending the residents of High Parkway.

Brian Ruic, 20358 Westover, spoke of the late Jim Bartolozzi whose legacy included a scholarship for a Rocky River graduate with accomplishments in arts, letters and who is multi-talented. This year's deserving young man, Mr. Ruic's son, will work hard to live up to this legacy, attending Mercyhurst College in the fall. He expressed his appreciation for the honor bestowed upon his son.

• •Mr. Ruic also addressed a neighborhood problem, a home that has been essentially abandoned for two years. The water has been turned off, and responding to Mr. Hagan, noted the address as 20374 Westover. He and his neighbor have been mowing grass and trimming bushes to keep up the property. He asked what could be done as the house is not being maintained. Countrywide Mortgage bid just a little higher at the auction and obtained the property, but has done no maintenance. In addition to uncut grass, he cited many other problems with the property which recently sold at auction.



• •Mr. Bemer responded that Mr. Connelly has been keeping the Law Director apprised of foreclosures, and has reported 10 new filings since the beginning of April. Regarding maintenance, he noted that the City will maintain the property when it is notified that property is vacant and not maintained.



• •The Mayor said that it will be investigated.

Mr. Hagan expressed his gratitude to members of the Building Department represented at the meeting by Mr. Connelly. He commented that members of Council appreciate receiving all the reports and he is glad to see that the division is working well and working hard.

As there was no further business by members of Council, the meeting was adjourned at 8:37 p.m.

___________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council