CITY OF ROCKY RIVER

SEPTEMBER 14, 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: Mayor Bobst, Mr. Linden, Mr. Thomas

Law Director: Mr. Bemer

Press: Ms. Spirgen, Ms. Toth

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. Shepherd, that the reading of the minutes of the meeting of the Committee-of-the-Whole and the Executive Session of September 8 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. Hunt, that the reading of the minutes of the Special Meeting of August 17 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 - abstain

6 ayes 0 nays 1 abstention PASSED

Moved by Mr. Moran, seconded by Mr. Long, that the reading of the minutes of the Legislative Meeting of July 27 be waived, and that the minutes be accepted as submitted.

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

Arabian Whitman - abstain Long - aye Moran - aye

4 ayes 0 nays 3 abstentions PASSED

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the meeting of the Committee-of-the-Whole of July 20 be waived, and that the minutes be accepted as submitted.

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

Arabian Whitman - aye Long - abstain Moran - aye

5 ayes 0 nays 2 abstentions PASSED

MAYOR'S REPORT:

Paving is complete on Golden Gate, Parsons Court and Allen Court. A small amount remains on Wagar and W. Wagar Circle and that should be finished tomorrow. Lake Road is now smooth and striped, with only a few items from the punch list remaining to be addressed. Last week two valves were discovered to be broken and had to be excavated and repaired by the Cleveland water department. Fortunately, the contractor, Burton Scot, is still on site and will be able to completely repair the damage done to the roadway.

Leaf machines will be ready in a week or so as the City prepares for fall pickups. New snowplow blades are also being purchased to be ready when needed.

The Mayor welcomed a new police officer, Stephanie Troha, who was sworn in last Thursday and began work on Friday. Ms. Trohas has prior experience, most recently in Lakewood, and was the unanimous choice for the position.

A generous donation from Markers, Inc. has again been received by the Recreation Department. This gift, valued at $4000-$5000, consists of two tons of field conditioning materials, plastic fencing, and nine rolls of rubber matting. The gift is welcome, and the Mayor extended her thanks.

The Senior Center has also received a $500 donation for the Senior Transportation Program from the Democratic and Republican clubs. This represents the proceeds of their jointly sponsored 5K run held during Rocky River Days.

Weekend activities include:

• Saturday morning "Junk in the Trunk" will be held at the Senior Center, together with the Community Health Fair which will feature several screenings: cholesterol, glucose, glaucoma, osteoporosis, bone density and blood pressure. Fairview Hospital, Lakewood Hospital, Cleveland Sight Center and other organizations will be represented.



• On Saturday morning, the shredding truck will once more be located next to the Fire Station. Residents are asked to limit materials to two boxes. The event will end at 11:00 a.m. or when the truck is full.



• The Fall Arts Festival will be Saturday in the Old Detroit Shopping Area from 10:00 a.m. until 5:00 p.m., with setup beginning about 8:00 a.m. Parking lots have been marked and signage installed. The Mayor thanked the Kiwanis for their help and those participating, including the library which will represent its collection of Cowan pottery, the Historical Society which will have various views of the City for sale, the Early Childhood PTA with an art project for youngsters and the Parks and Recreation Foundation which will be raising funds with a raffle of donations by each participating artist.

Also being promoted is Operation Medicine Cabinet which will be Saturday, October 3 at Clague Cabin. This will be a collaboration of area police departments to collect unused prescription drugs which are now in residents' homes in order to stop unauthorized consumption of the drugs and to remove them from the waste stream.

LAW DIRECTOR'S REPORT:

Mr. Bemer explained that his review of the sewer charges, discussed last week, will be deferred until next week.

The Planning Commission is moving forward with its review of the proposed Development Code. Another meeting is scheduled for tomorrow evening at 7:00 p.m. The Law Director noted that the group spent two hours at its last meeting in August and anticipates a similar session tomorrow. Members have indicated that another month will probably be necessary, and it may be October before the ordinance is returned to Council.

COMMITTEE REPORTS:

Safety Committee: Mr. Shepherd recalled that his committee has been considering legislation to restrict texting and the use of cell phones while driving. One consideration was that the Committee felt it was necessary to have consistent legislation with neighboring cities. Now it appears, according to the Plain Dealer, that the State will enact a statewide ban on texting while driving.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 48-09 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE TO AMEND, REORGANIZE OR DELETE VARIOUS TITLES AND CHAPTERS WITHIN PART ELEVEN OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING LAND USE PLANNING AND ZONING AND FURTHER KNOWN AS THE DEVELOPMENT CODE, AND DELETE PART THIRTEEN, BUILDING CODE SECTION 1331.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER

As reported by the Law Director, Mr. Long noted that this ordinance is under discussion by the Planning Commission, and will continue on hold until the Commission's recommendations are received.

ORDINANCE NO. 58-09 BY THOMAS T. LONG

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 303-23-037 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL (R-1, F-1) TO GENERAL BUSINESS (GB), IN ITS ENTIRETY, AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mr. Long explained that this ordinance requires a mandatory referral to the Planning Commission. He will refer the ordinance and await their findings before Council acts.

ORDINANCE NO. 62-09 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO CONTINUE THE HERITAGE HOME LOAN PROGRAM AGREEMENT AND AUTHORIZING THE PAYMENT OF AN ADMINISTRATIVE FEE OF $5,770.00

1^ST READING

Moved by Mr. Long, seconded by Mr. Furry, that the rule requiring that Ordinance No. 62-09 be read on three separate days be suspended, and that Ordinance No. 62-09 be placed upon its passage:

Discussion: Mr. Long commented that the City has participated in this program since 2002. It provides assistance to renovate homes more than 50 years old, both through technical assistance and low-cost loans ranging from $3000 to $150,000. Noting that this has helped many residents to upgrade their properties, he said it was a good idea to continue the program.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Long, seconded by Mr. Furry, that Ordinance No. 62-09 be passed as read:

Discussion: Mr. Long emphasized that technical assistance is also available for homeowners who do not wish to take out a loan, but who need help to decide the course of renovations.

• Mr. Furry asked about Exhibit "A" listed in the ordinance. It was determined that the invoice should be attached and it was provided by the Mayor.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 63-09 BY THOMAS J. HUNT

AN EMERGENCY RESOLUTION AUTHORIZING THE MAYOR OR HER DESIGNEE

TO MAKE APPLICATION TO PARTICIPATE IN OHIO PUBLIC WORKS COMMISSION'S STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION PROGRAM(S) FOR THE FRAZIER DRIVE STORM AND SANITARY SEWER REPLACEMENT PROJECT AND TO EXECUTE CONTRACTS FOR RECEIPT OF FUNDS

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Ordinance No. 63-09 be read on three separate days be suspended, and that Ordinance No. 63-09 be placed upon its passage:

Discussion: Mr. Hunt indicated that this ordinance will permit the Mayor to apply to the OPWC for funds for the Frazier Drive Storm and Sanitary Sewer Replacement Project. All applications are due September 25, so this ordinance should move forward so that the City can meet the deadline.

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. 63-09 be passed as read:

Discussion: As mentioned above, this ordinance would authorize an application to participate in a program which could provide financial assistance for an important project. Mr. Hunt said that this was important because sewer rehabilitation is a priority, and Frazier Drive has been a problem area for a number of years. The second factor is that with this important capital project, whose estimated cost is $4.2 million, any financial assistance would be welcome.

• Mr. Furry asked about the nature of the assistance. The Mayor responded that it is a combination of grant, zero interest loan and a local contribution.
• He also asked about the scope of the project. Director Linden responded that in 1985, storm and sanitary sewers were replaced at the east end of Frazier to Buckingham. The sewers which now needs to be replaced is from Buckingham west to the pump station.

Mr. Hunt reiterated his support for this worthwhile project, and Mr. Linden added it will also help meet EPA requirements. The Mayor reminded Council members that it was these funds which helped the City rehabilitate Valley View and the Hampton interceptor. This year about $35 million is available for District I (Cuyahoga County region)

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 64-09 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE TO AUTHORIZE THE MAYOR OR THE SAFETY-SERVICE DIRECTOR TO ENTER INTO A CONTRACT WITH THE CITY OF BEDFORD HEIGHTS FOR USE OF THE BEDFORD HEIGHTS JAIL FACILITIES FOR THE PERIOD OF AUGUST 1, 2009 THROUGH DECEMBER 31, 2010

1^ST READING

Moved by Mr. Shepherd, seconded by Mr. Furry, that the rule requiring that Ordinance No. 64-09 be read on three separate days be suspended, and that Ordinance No. 64-09 be placed upon its passage:

Discussion: Mr. Shepherd noted that the period of the contract is August 1, 2009 to December 31, 2010, so it should be renewed without delay. He explained that when the Rocky River jail is fully occupied, it is necessary to pay to house additional prisoners in another jail facility. Under this contract, the charge would be $75/day or $37.50 for fewer than eight hours, as well as additional charges for video and medical costs. For cases where a lengthy incarceration seems likely, the prosecutor and Law Director usually charge under the State code so that the cost of housing is not charged to the City.

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. 64-09 be passed as read:

Discussion: For reasons outlined above, Mr. Shepherd recommended passage of this ordinance. Mr. Furry asked for confirmation that this would be used only for overflow, and Mr. Shepherd said that was true.

• Law Director Bemer noted that this jail facility has been used in the past, with last year's expenditure being $3200. An ordinance has not been necessary in the past, but Bedford Heights has now implemented a process which requires an ordinance from cities which use the facility.

Mr. Shepherd added that the contract may be terminated if it is not satisfactory.

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

Arabian Whitman - aye Long - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

RESOLUTION NO. 57-09 BY JAMES W. MORAN

AN EMERGENCY RESOLUTION AUTHORIZING THE CERTIFICATION OF DELINQUENT SANITARY SEWER ACCOUNTS TO THE CUYAHOGA COUNTY AUDITOR FOR COLLECTION, IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO

1^ST READING

Mr. Moran noted that these overdue sewer accounts from 2008 can be collected by the County Auditor through tax collections. There are no additional charges to the City for this service. There are 225 delinquent accounts totaling $80, 813.

ORDINANCE NO. 59-09 BY ANJANETTE ARABIAN WHITMAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO AN AGREEMENT FOR RENEWAL OF THE TWO (2) YEAR AGREEMENT FOR FULL SERVICE VENDING WITH METROPOLITAN VENDING COMPANY FOR THE CITY OF ROCKY RIVER AT VARIOUS LOCATIONS AS FURTHER DESCRIBED IN

EXHIBIT "A"

1^ST READING

Mrs. Arabian Whitman noted that this ordinance is on the Consent Agenda so that the existing contract for vending services can be renewed. The machines are in various areas occupied by the Recreation Department.

RESOLUTION NO. 60-09 BY JAMES W. MORAN

AN EMERGENCY RESOLUTION ACCEPTING THE ALTERNATIVE TAX BUDGET INFORMATION OF THE CITY OF ROCKY RIVER, OHIO FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2010

1^ST READING

This ordinance accepts the Alternative Tax Budget Information as provided by the Ohio Revised Code section 5705.281. The information is provided by the Director of Finance as outlined in the attachment.

ORDINANCE NO. 61-09 BY THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT WITH SPECIALIZED CONSTRUCTION INCORPORATED FOR THE 2009 CRACK & JOINT SEALING PROGRAM IN AN AMOUNT NOT TO EXCEED $70,720.00

1^ST READING

As discussed last week, Mr. Hunt indicated that Specialized Construction was the lower of two bids for this annual program to help maintain main and secondary roads. This process prolongs the life of these roads an additional six to eight years.

Moved by Mr. Moran, seconded by Mr. Hunt, that the rule requiring that the ordinances and resolutions of the Consent Agenda be read on three separate days be suspended, and that said ordinances be placed upon their passage:

Discussion: Mr. Moran noted that the above legislation has time-sensitive issues as explained last week and this evening, and he indicated that Council wishes to move forward as soon as possible.

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 Ordinance and Resolution No. 61-09, 60-09, 59-09 and 57-09 of the Consent Agenda be passed as read:

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

Arabian Whitman - 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 8:37 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council