CITY OF ROCKY RIVER
SEPTEMBER 24, 2007
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. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Long, Mr. Hagan
Administration: Mayor Bobst, Mr. Linden, Mr. Thomas
Law Director: Mr. Bemer
Press: Mr. Saylor
The meeting was opened with the Pledge of Allegiance.
MOTIONS:
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the reading of the minutes of the Legislative Meeting and Executive Session of September 10 be waived, and that the minutes be accepted as submitted.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Moran, that the reading of the minutes of the meeting of the Committee-of-the-Whole of September 17 be waived, and that the minutes be accepted as submitted.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - abstain
Bartolozzi - abstain Long - aye Hagan - aye
5 ayes 0 nays 2 abstentions PASSED
MAYOR'S REPORT:
Mayor Bobst opened her report with an update on the Lake Road Project. Shortly following the presentation of Project Manager Nancy Stadler to the public and members of Council, the City sent letters to all residents along Lake Road, outlining the striping alternatives (a three lane with center turn lane or center striping which allows for parking during non-peak times), and asking for feedback. The response was excellent and following subsequent meetings with traffic engineers, ODOT, Chiefs Wagner and Flynn, and SSD Linden, a striping pattern was determined:
This information will be forwarded to ODOT by City Engineer Michael Mackay's office. A final report will be received from Parsons Brinckerhoff, but the Mayor indicated that she wanted accurate information to be disseminated as soon as possible. Concerning financing, the City has a federal earmark of $2.4 million, another $700,000 to $800,000 in ODOT funding, and the City will also apply for a $100,000 County grant to address pedestrian safety portions of the project. This will be a 2008 ODOT project.
The Army Corps of Engineers has notified the City that it will do a preliminary assessment of the former Nike site, or Formerly Used Defense Site (FUDS). This is part of a federal mandate by Congress to do regular evaluations of FUDS. This preliminary assessment is the first step which will assist in determining a need for further site inspection. There is no suggestion at this time that a full site inspection will be done. Several thousand sites nationally will be subject to the preliminary assessment which will consist of a visual inspection, and gathering of historical files, EPA files, Army records, interview of former employees, and historical aerial photographs. No further information will be available until June, 2008.
The City hosted an airport meeting attended by Director Ricky Smith and representatives of Westshore cities on Friday morning to discuss various airport projects, including the Strategic Plan and Master Plan for both Hopkins and Burke Lakefront Airport. As reported in the paper, Burke will remain open for general air traffic. The Director indicated that several businesses use that airport regularly. Their master plan considers selling or leasing some land around Burke for a higher and better use, perhaps mixed use development. Continental Airlines will expand so that over the next two years, a 40% increase in air traffic will be seen, primarily with commuter jets. Noise complaints raise the question of use of the fan-out procedure agreed to and noise continues to be a concern. Mr. Matty, legal counsel for S.A.F.E. will monitor the situation and be certain that the interests of the Westshore suburbs are considered.
The Mayor distributed to Council members the Rocky River insert, to be included in the Cleveland Magazine issue which features the "best of the best" . The Mayor commented that this year, some articles have a historical perspective.
The Mayor reported that the contractor has returned to work on Grandview on River Oaks. The sidewalks have been repaired and debris and weeds will be cleared from the site which will be regraded. The developer will also provide to the Building Commissioner an assessment of the building materials that are currently on site to be sure that the construction can move forward.
Last Friday, a WWTP meeting was held with the mayors of the three other communities which utilize the WWTP in attendance with their Safety-Service Directors and others from their Service Departments. It was a productive meeting, discussing recent flooding in their cities. Mr. Harrington, plant superintendent, explained how the plant is prepared to accept large storm flows. All mayors committed their communities to work on downspout programs and sewer correction programs, and to consider placing restrictors in catch basins, or the use of sandbags, routine cleaning, sewer jetting and other means to prevent flooding. In the future, Service Directors will meet regularly to be sure that measures are taken to keep the large flows out of the sanitary sewer system.
An alert has been received from the Police Department warning that internet scam artists are again active, and have already victimized a couple of residents of the City. The Mayor asked all residents to be cautious, particularly when asked to send money or provide bank account information to claim a prize. The Police Department is also asking residents to lock cars left in driveways and remove valuables to prevent thefts which have recently occurred again. An e-update will be sent.
The Cuyahoga County Board of Health has sent information concerning bats and rabies. There has been an increased incidence of bat bites and scratches. No one is certain why bats have increased in population, but residents who come in contact with bats are encouraged to call the health department. Information will be available on the website.
The Mayor then addressed a concern which has been expressed about the City's work at the post office. Following records going back to 1977 about maintenance issues and safety issues, members of the City administration met with officials of the post office and agreed to a partnership to make safety and maintenance improvements. A question was raised about the expenditure of public dollars on "private" property. The post office leases from a private entity, but it is fully responsible for the entire parcel with the exception of the walls and roof of the building. There has been a very positive response, both from residents and officials, including a representative from Congressman Kucinich's office. The fence has been installed and resurfacing and restriping of the parking lot should commence shortly.
Finally, the Mayor requested an Executive Session under Article X, Section 6, subsection (2) of the Charter of the City of Rocky River to consider the purchase of property for public purpose.
MOTION:
Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that at the request of the Mayor, an Executive Session be held immediately following the Legislative Meeting under Article X,
Section 6, Subsection (2) of the Charter to consider the purchase of property for public purposes.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
Discussion of Mayor's Report: Mrs. Bartolozzi asked if the preliminary assessment of FUDS will include both Nike sites. The Mayor responded that their first contact was for Tri-City Park. There are no facilities, so this may be different from other sites.
Mr. Gollinger expressed his pleasure that the Lake Road Project is going well and that the residents' wishes are being considered. He said that he is sure that the residents will be pleased that they can still have company without imposing on their neighbors for parking privileges. He thanked the Mayor and the residents who took the time to respond. The Mayor recalled that initial contacts with residents showed that parking was ranked the lowest concern. This concerned the Administration because the blocks between Morewood and Wagar and Wagar and Elmwood are extremely long. The Administration presented the alternatives and explained them to elicit the response, and the Mayor also expressed appreciation for the residents' responses. Mr. Hunt echoed praise for the compromise reached through contact with residents. Mr. Linden pointed out that it was Mayor Bobst's idea to poll the residents.
Mr. Moran said that both he and Council member Bartolozzi are happy to see Grandview moving forward. He expressed appreciation to Building Commissioner Beirne who has spent many hours and days working with many people to get the project under way again.
Mr. Hunt asked if the plans for Lake Road being forwarded to ODOT will include a new traffic signal at Elmwood Road. The Mayor responded that the entire plan, definitely including the traffic signal, will be sent from Mr. Mackay's office. It will also include the sewer project and the parking reconfiguration. This will be done following consultation with the school administration about the traffic striping changes at the school.
Mr. Hagan recalled that the post office has repeatedly stated that maintenance issues at this office were not a high priority and that funds were not available. The persistence of this Administration and others has made improvements possible.
Mr. Hagan also announced that the Mayor will receive a "Women of Accomplishment" award from the Cleveland Clinic and Fairview Hospital Foundation this Saturday at La Center, and congratulated her on the achievement.
LAW DIRECTOR'S REPORT:
Mr. Bemer reported that roof has been repaired at 3770 Wooster Road. He and Mr. Nugent of the Building Department attended a pretrial hearing last Tuesday. Mr. Bemer has been in touch with Countrywide's attorney, and he has been helpful, recognizing that his company moves very slowly unless prodded by a series of hearings and a court order as has been done in this case. Because it is difficult to be sure of the company's assurances, Mr. Bemer requested that the Court set a trial date which was set for December 10. There will be a final pretrial on November 14 and Mr. Bemer will contact their attorney every two weeks to determine the status and how renovations are being done. There is still painting and mold remediation to be done.
The Norfolk-Southern train count for August was 5; on one occasion, 8 trains, on 5 occasions, 7 trains and 2 trains on one day. The City is still waiting for information from the FRA as well as the railroad concerning the conflict in determining train counts. According to the railroad the count is 8 because that is the maximum, even though it is far above the average. The City is working with Engineer Mackay to determine where the City stands in the National Risk Threshold Index. He related a story about a call he received from a liaison, a resident of Olmsted Falls, who said that city had been trying to establish a Quiet Zone since 1998. She had looked at the FRA website which said that as of September 11, Rocky River had a Quiet Zone. The information was subsequently removed, and the Law Director told her that the City has not yet quite achieved that status. In further conversation, he discovered that Olmsted Falls had double and triple tracks compared to Rocky River's single track. She told him that their count is 180 trains per day, which causes the school where she teaches to lose approximately 45 minutes of instruction time per day because of the noise. Mr. Bemer said that this story may put a new perspective on Rocky River's situation as compared to some others in the Greater Cleveland area.
Finally, the Law Director noted that he had distributed another draft of the ordinance regulating temporary business signs. He reviewed it at length with Commissioner Beirne and made some changes pursuant to those requested by the Chamber of Commerce, and requested direction from Council as to whether it is ready for the agenda.
COMMITTEE REPORTS:
Parks and Recreation Committee: Mr. Moran reported that the Parks and Recreation Commission had met last Wednesday. Among items of business were a vote on aquatic fees, the Fun Fest, the outdoor pool which had 56,000 swimmers this year, and a review of many other events and programs held during the summer. Current programs were also discussed and Mr. Moran mentioned that new dasher boards, voted upon earlier in the year, have been installed. Further discussions of the opening of the Civic Center were held, and Mr. Moran noted that the indoor pool water temperature is 84 to 85 degrees. November 1 will mark the opening of the Fairview Hospital facility at the Civic Center. The skateboard park was renewed and a motion to change the hours for the seniors to use the walking track was passed. An ordinance will be presented next week. He encouraged seniors to participate in a complete membership. The Police Department will give special attention to excessive litter at the basketball courts at Linden Park. The ODH will inspect the pool deck this week, on Wednesday and it is hoped that the pool will open on October 1. Director Patterson said that the sale of memberships is going well, and Mr. Moran encouraged everyone to visit the facility.
Environmental Committee: Mr. Hunt reminded members of his committee that a meeting will be held next week at 7:00 to discuss the sewer maintenance and rehabilitation plan.
Planning, Zoning and Economic Development Committee: Mr. Gollinger thanked the Law Director for his efforts in revising the ordinance regulating temporary and projecting signs in light of last week's discussion. He asked Mr. Hagan if his concerns about businesses being able to have unlimited access to temporary signs were satisfied by this draft. Mr. Hagan said that he was satisfied. Without further issues from Council members, Mr. Gollinger asked the Law Director to draft the ordinance incorporating these changes so that Council can move forward. He also confirmed that the ordinance will be forwarded to the Planning Commission.
Safety Committee: Mr. Moran reported that the Fire Chief and the Building Commissioner have been working hard to get residents back into their homes at the Heritage House Condominiums. About 50% of the 79 displaced residents will move back in October, following the installation of new fire preventions measures to insure safety of the residents. Chief Flynn and Fire Prevention Officer Crowe are seeking to expand those measures throughout the City. Mr. Moran also announced a fundraiser sponsored by the Key Club to support residents who are having difficult times. "Give Back Mondays" , with the participation of the Rocky River Brewing Company which will donate 15% of checks to the Heritage House Fire Fund. Mr. Moran thanked contributors and the City for their hard work to help those residents return to the City.
Finance Committee: Mr. Hurtuk announced that following next week's meeting of the Environmental Committee where sewer plans will be discussed, he will coordinate meetings of the Finance Committee to discuss how it will be financed.
COMMUNICATIONS AND ANNOUNCEMENTS: NONE
AUDIENCE PARTICIPATION: NONE
ORDINANCE NO. 91-07 BY BRIAN F. HAGAN
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 THE SUM OF $43,500.00 AND DECLARING AN EMERGENCY
2ND READING
Moved by Mr. Hagan, seconded by Mr. Gollinger, that the rule requiring that Ordinance No.
91-07 be read on three separate days be suspended, and that Ordinance No. 91-07 be placed upon its passage:
Discussion: Mr. Hagan explained that this ordinance is being presented for services that have been delivered to the City by Community Challenge. This expense has already been appropriated in the last budget in 2006 for 2007, so there is no reason for delay so that Community Challenge can be paid for the services that they provided.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 91-07 be passed as read:
Discussion: Mr. Hagan noted that Community Challenge previously presented its service proposals for 2007. At that time, in 2006, the proposal was approved for $43,500. The proposal described the alcohol and other drug prevention education programs and referral services provided to residents and businesses in Rocky River. Other services were also included, and Mr. Hagan observed that this is a good program and a good partnership for the City with this organization. Mr. Gollinger verified that the Finance Director received quarterly reports from Community Challenge.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 92-07 BY BRIAN A. HURTUK
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE COMPUTER ACCESSORIES AND PERIPHERAL EQUIPMENT FOR USE IN VARIOUS CITY DEPARTMENTS, UNDER THE STATE COOPERATIVE PURCHASING ACT FROM CDW-GOVERNMENT, INC. AT A TOTAL COST NOT TO EXCEED $40,000.00
2ND READING
Moved by Mr. Hurtuk, seconded by Mr.Long, that the rule requiring that Ordinance No. 92-07
be read on three separate days be suspended, and that Ordinance No. 92-07 be placed upon its passage:
Discussion: Mr. Hurtuk explained that because this is a housekeeping and convenience ordinance, he would like to move forward this evening rather than wait another two weeks.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
Moved by Mr. Hurtuk, seconded by Mr. Long, that Ordinance No. 92-07 be passed as read:
Discussion: Mr. Hurtuk pointed out that Council had enacted legislation which says that the City cannot purchase more than $15,000 with any single vendor in one year without Council approval. In this ordinance, computer accessories will be purchased from the preferred vendor under the State Cooperative Purchasing Act, which total almost $40,000. Because single items are not large, the Administration would have to keep returning for approval without a "convenience" ordinance which authorizes the purchases. It will be for this year only.
Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye
Bartolozzi - aye Long - aye Hagan - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Gollinger commented that he would like to recognize the achievement of Michael Mylen for his victory in last week's primary election.
AUDIENCE PARTICIPATION: NONE
As there was no further business by members of Council, the meeting was adjourned at 8:47 p.m.
_____________________________ _______________________________
Brian F. Hagan Misao Kurokawa
President of Council Clerk of Council