DRAFT

CITY OF ROCKY RIVER

JULY 11, 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,

Mr. Hagan, Mrs. Bobst

Absent: Mrs. Bartolozzi

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

Law Director: Mr. Matty

Press: Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance. 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 June 27 and the meeting of the Committee-of-the-Whole and Executive Session of July 5 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor commented that the concert in the park was very successful. He estimated that 700-800 people attended on a perfect night for a great concert. The next concert will be held on Sunday, July 24.

A fruitful meeting was held in the office of Congressman Dennis Kucinich attended by the Mayor, Mr. Matty and Mr. Gollinger.

• Mr. Gollinger reported that Mr. Ron Ries, the Federal Railroad Administration's Director of Crossing Safety and Trespass Prevention, presented an extensive overview of the final regulations which went into effect on June 24. There are a number of ways to look at resolution to the problems. He noted that Mr. Matty was singled out several times for his work going back to the time of the railroad merger. When the City determines its course, an application for a quiet zone must be submitted for approval. The Environmental Committee will discuss ways to best solve the problem, including the possibility of combining quiet zones with an adjoining community like Bay Village. At this point, only the community of Olmsted Falls has submitted a plan under state rules. He feels that this is an opportunity for resolution to the problem of train noise for crossings at grade.
  
  
• Mayor Knoble noted that there is a standard to meet for safety issues. The City has six crossings: two under and four at grade (Linda, Wagar, Elmwood and Morewood Parkway). Each has lights and arms only to the lane of traffic. It is probable that more will be required including longer arms and channelization, which will prevent drivers from circumventing the arms. He is hopeful that this issue can continue to progress.
  
  

The Hole-in-One contest, sponsored by the Rocky River Parks and Recreation Foundation, will begin Wednesday behind the high school.

This weekend will see many activities: on Friday, the Senior Center Art Show will open and will continue through Saturday; Shred-it Day on Saturday will allow residents to bring boxes of documents for professional shredding; the Community Challenge Fun Fest day will also be Saturday as well as the first annual Taste of River.

In an effort to keep traffic moving smoothly during power outages without the presence of police officers at every major intersection, the Mayor and Safety-Service Director Linden have purchased fold-up stop signs for major intersections. During power outages, instead of placing a police officer at every major intersection, the stop signs will be unfolded making the intersection a four-way stop. A longer term solution they are also studying is the possibility of replacing current traffic lights with newer technology which requires less power. Then battery packs can be placed on each pole to keep the signals operational during outages. This would have an added benefit of less maintenance and better utilization of police manpower. At present, the fold-up signs have been placed at the intersection of Wagar and Detroit.

The paving of the Hilliard-I-90 intersection will be done this Thursday and Friday, beginning at 3:00 to 4:00 a.m. before the morning rush hour. The Mayor commented that it had to be done this way because of the heavy traffic here.

The property on Tonawonda which was the subject of comment by a resident at the last Legislative Meeting is being addressed by a task force assembled by the Mayor.

• Mr. Linden spoke today to a bank officer who confirmed that the home is still owned by the relative who inherited it. It is, however, going into receivership and will be owned by the bank in two weeks or so. Mr. Linden has discussed maintenance with the bank officer who has promised to address some exterior issues. He hopes for resolution as soon as possible.
  
  

Finally, the Mayor requested an Executive Session to discuss two matters of imminent litigation.

LAW DIRECTOR'S REPORT:

An ordinance has been prepared which will settle the Deibel case. Mr. Matty asked that it be added to this evening's agenda. Agreement has been reached with payment from the County, Fabrizi Construction and the City for $15,300, $6,300 and $3,300 respectively. Since all parties have approved this settlement, Mr. Matty asked for passage of this ordinance this evening.

Mr. Matty reported that with the Mayor and Mr. Gollinger, he attended the meeting on quiet zones in Rep. Kucinich's office. He entered a letter received from Congressman Kucinich into the public record (Exhibit "A"). Also attached was a copy of a power point presentation by Director Ries of the FRA.

• Mr. Matty mentioned that the final rule has some interesting points. He encouraged Council members to read the actual rules to see what is new. Council may decide to create a quiet zone or a partial quiet zone, which is quiet during designated hours. He recommended that Mr. Koran and Mr. Mackay attend the initial committee meetings to discuss the issues.
• The FRA has a website which has a calculator which shows whether or not a city can qualify with current rules or alternate rules which may be more flexible than proposed rules were going into the discussion.
• Another factor for the committee to consider is the situation where one city has a small number of crossings. It may be able to create a quiet zone with a neighboring city which also has a small number of crossings and save on costs for both.
• Mr. Matty reported that the presentation by Director Ries was very thorough, professional and community-oriented. He offered assistance to cities who decide to proceed. There will be some expense, but not as great as once thought.
  
  
  
  

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Potterfield has received a letter from eight residents of Hilliard Blvd. concerning problems with cracked aprons and deficient tree lawns. (Exhibit "B"). Mr. Linden noted that a walk-through will be conducted shortly.

A letter has been received from Cox Cable at the end of June discussing Hometown Highlights and local events in our City.

Tomorrow evening a meeting will be held at the Yacht Club at 8:00 p.m. to discuss the turn at Yacht Club and Riverdale.

• The Mayor added that he will conduct the meeting at the invitation of Yacht Club area residents. All information discussed will be disseminated at a public meeting later in the month. This meeting is sponsored by a Yacht Club member and will be by invitation.
  
  

Mrs. Bobst mentioned that she had attended a Sock Hop on Saturday hosted by the Rocky River Presbyterian Church and sponsored by the Rocky River Community Theater. She praised that organization and the benefits received by adults and children through their work in the theater.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hagan, that the 72-hour rule of notification be suspended and that Ordinance No. 103-05 be placed on the agenda for this evening.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

There were no requests from Council members for changes to the Consent Agenda.

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 has been reviewed by the Planning Commission. The Planning, Zoning and Economic Development Committee is in the process of its review. Mr. Potterfield has scheduled a meeting for July 25 at 7:00 p.m. for a final review of the Master Plan with the Committee's comments.

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"

3^RD READING

Moved by Mr. Potterfield, seconded by Mr. Hurtuk, that Ordinance No. 40-05 be passed as read:

Discussion: This ordinance has been reviewed by the Planning Commission and the Planning, Zoning and Economic Development Committee and recommended for passage by both. Mayor Knoble further recommended passage, saying that it would have a helpful effect.

Vote: Gollinger - aye Potterfield - nay Frost - aye

Hurtuk - aye Hagan - aye Bobst - aye

5 ayes 1 nay 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

3^RD READING

Moved by Mr. Hurtuk, seconded by Mr. Frost, that Ordinance No. 70-05 be passed as read:

Discussion: Mr. Hurtuk noted that time was required for extra research to be certain that the charges were appropriate. Mr. Thomas explained that the rates charged this year are comparable and consistent to those paid by the City in prior years.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 86-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1143.03, ENTITLED "SCHEDULE OF AREA, YARD AND HEIGHT REQUIREMENTS", OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

This ordinance has been referred to the Planning Commission, and Mr. Potterfield is awaiting the approved minutes from that meeting. He asked that this ordinance be placed on the agenda of the Committee meeting scheduled for 7:00 p.m. on July 25 following the Master Plan.

ORDINANCE NO. 91-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1141.04(a)(1) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "GARAGE AND PARKING FACILITIES (STANDARD)", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

Mr. Potterfield explained that the first six of this group of ordinances, from Ordinance No. 91-05 through 96-05 were referred to the Planning Commission. Mr. Potterfield intends to have three readings of all nine ordinancesto allow for public input on all of these ordinances.

ORDINANCE NO. 92-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1141.04(b)(8) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "YARD LANDSCAPE FEATURES (STANDARD)", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

See discussion for Ordinance No. 91-05.

ORDINANCE NO. 93-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1151.05(a)(2)B4 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "GENERAL BUSINESS DISTRICT", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

See discussion for Ordinance No. 91-05.

ORDINANCE NO. 94-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1179.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "AUTOMOTIVE USES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

See discussion for Ordinance No. 91-05. In addition, Mr. Potterfield corrected a typographical error in this ordinance: In section 1, "Enforcement" was changed to "Automotive Uses".

ORDINANCE NO. 95-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1181.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "ENFORCEMENT", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

See discussion for Ordinance No. 91-05.

ORDINANCE NO. 96-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE BY AMENDING SECTION 1370.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "DEFINITIONS", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

See discussion for Ordinance No. 91-05. Mr. Potterfield announced that he plans to have a third reading and call for a vote at the next Legislative Meeting.

ORDINANCE NO. 97-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE SUBSTITUTING A NEW SECTION 1370.03 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "CONFLICT WITH OTHER ORDINANCES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

See discussion for Ordinance No. 96-05. This ordinance will not be referred to the Planning Commission.

ORDINANCE NO. 98-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1370.08 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "RUBBISH AND GARBAGE STORAGE AND DISPOSAL", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

Mr. Potterfield asked Mr. Linden if his work on a complementary ordinance will soon be forthcoming. Mr. Linden explained that he is working on changes to Chapter 941 including times to put out rubbish. It will be in ordinance form very soon.

ORDINANCE NO. 99-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1370.13OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "EXTERIOR AREAS", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

See discussion for Ordinance No. 96-05. This ordinance will not be referred to the Planning Commission.

ORDINANCE NO. 102-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH BURTON SCOT CONTRACTORS, LLC FOR THE 2005 STREET REPAIR PROGRAM IN AN AMOUNT NOT TO EXCEED $899,000,00

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 102-05 be read on three separate days be suspended, and that Ordinance No. 102-05 be placed upon its passage:

Discussion: Mr. Hagan noted that this ordinance was discussed at the Committee-of-the-Whole with Mr. Mackay, the City's consulting engineer. Bids were opened at the end of June. The four-month project is scheduled to begin as soon as next week.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 102-05 be passed as read:

Discussion: Mr. Hagan commented that Council was anxious to have the work begin and he thanked Mr. Linden and Mr. Mackay for last week's detailed information.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 103-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE APPROVING A FULL AND FINAL RELEASE OF CUYAHOGA COUNTY COURT OF COMMON PLEAS CASE NUMBER CV-04-528364 ENTITLED CHRISTOPHER DEIBEL, et al. VS. CITY OF ROCKY RIVER, et al., AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO

1^ST READING

Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No. 103-05 be read on three separate days be suspended, and that Ordinance No. 103-05 be placed upon its passage:

Discussion: Mr. Hagan commented that this is a reasonable settlement, and there is no reason to delay passage.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 103-05 be passed as read:

Discussion: Mr. Hagan thanked Mr. Matty for his efforts in negotiating the final settlement within Council's parameters.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

RESOLUTION NO. 100-05 BY ROBERT S. FROST

A RESOLUTION AUTHORIZING THE ROCKY RIVER CHIEF OF POLICE TO FILE AN APPLICATION FOR THE FY 2005-2006 DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) LAW ENFORCEMENT GRANT FUNDED THROUGH THE STATE OF OHIO D.A.R.E. GRANTS PROGRAM, AND DECLARING AN EMERGENCY

1^ST READING

Mr. Frost noted that the application deadline is August 5 for matching funds which would pay one-half of an officer's salary. This is the 15^th year for this successful program which teaches youngsters about ways to avoid drugs. There is no reason to delay passage.

ORDINANCE NO. 101-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A SKATE PARK AGREEMENT BETWEEN THE CITY OF ROCKY RIVER AND THE BOARD OF EDUCATION OF THE ROCKY RIVER SCHOOL DISTRICT, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Hagan explained that this ordinance was discussed last week at the meeting of the Committee-of-the-Whole. It would authorize an agreement for lease of land for a two-year pilot program to establish a skate park for the youth of the City. The agreement may be renewed at the end of this program only with the agreement of both the City and the School Board.

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that the rule requiring that the ordinances on the Consent Agenda be read on three separate days be suspended, and that the stated ordinances be placed upon their passage:

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that Ordinances No. 100-05 and 101-05 be passed as read:

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hurtuk, that at the request of the Mayor, an Executive Session be held immediately following the meeting to discuss a matter of imminent court action under Article X, Section 6, Subsection 3 of the Charter.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Hagan - aye Bobst - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Gollinger noted that members of Council had received the Rocky River WWTP Sewer Flow and Strength Study for 2005. He will confer with members of the Environmental Committee to determine whether or not a meeting to discuss this study is necessary. He mentioned that there has been an increase in flow for Rocky River which will have an impact on the expenditures. He is hopeful that upon further study, members will be better able to fully understand the report.

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview referred to an article in The Plain Dealer of July 4 which discussed a former Nike missile site which has become Tri-City Park. He wondered what is buried beneath the concrete cap described in the article. He asked if conventional or nuclear materials were used. He further asked what types of illnesses have been suffered by residents of West River Estates and Christensen Estates and whether the rate of illness there is greater than for the rest of the City. He requested documents showing the United States government's assurances that there was no hazard associated with the site.

As there was no further business by members of Council, the meeting was adjourned at 8:50 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 July 11, 2005. These minutes may be revised or amended at the next Legislative Meeting.