CITY OF ROCKY RIVER

OCTOBER 12, 2009

The Regular Meeting of Council was called to order by Mr. Moran, President of Council, at 8:03 p.m. in the David J. Cook Council Chambers.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Mylen, Mr. Furry, Mr. Moran

Absent: Mrs. Arabian Whitman, Mr. Long

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

Law Director: Mr. Bemer

Press: Ms. Toth

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the meeting of the Committee-of-the-Whole of October 5 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye Mylen - abstain

Furry - aye Moran - aye

4 ayes 0 nays 1 abstention PASSED

Moved by Mr. Moran, seconded by Mr. Hunt, that the reading of the minutes of the Legislative Meeting of September 28 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye Mylen - aye

Furry - aye Moran - aye

5 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor turned to Safety-Service Director Linden for details of the changes to W. 192 Street.

• Mr. Linden explained that in order to indicate that a portion of W. 192 Street is now a two-way street, two painted islands were added to the east end of the street, a double yellow line has been added to indicate two lanes, and a white stripe was placed on the portion of the street occupied by the auto body business. A concrete island has been installed in the middle of the west end of the street and two "do not enter"signs and a stop sign have been installed eastbound. This makes the street one way to the Heinen's entrance driveway and the development on the corner and allows access to the drive-through window for the business which enters that space. He passed a drawing showing the changes made.

The Mayor added that there will now be two-way traffic from Wooster to serve the auto body shop and the building on the corner. These changes will address safety concerns, the use of the Heinen's parking lot as a shortcut and the economic development effort to add parking spaces in that area. She commented that the two-way traffic will be helpful to businesses on each side.

The Elmwood Sewer project has begun as indicated by two large signs, one on each side of the project.

Service Commissioner Winterich has indicated that his department is ready for leaf pickup; the Vac-All has already been out.

A fire study consultant will be at City Hall next week on October 21 to meet with Administration members about levels of collaboration and consolidation of fire services among departments in the West Shore community. At this point in the study, evaluations are being conducted of each fire department, which may be helpful in many ways. The consultant will meet with the Safety-Service Director, the Fire Chief, the Finance Director, the HR Director, the Building Commissioner, the Mayor, fire fighters, the Fire Prevention Officer and Council members, particularly Mr. Shepherd, the chairman of Council's Safety Committee.

The Mayor then distributed the recently completed 2009 Street Evaluation. This detailed project lists all roads in the City, ranked in order of paving needs as well as alphabetically for ease in finding a particular street. Documented are pavement type, curb type and last and current ratings, including curbs. She thanked Ron Gottschalk of the Building/Engineering Department, Mary Kay Costello and Safety-Service Director Linden for their hard work and noted that this is a large project which enables the City to manage its paving needs.

David Hartt, of D.B. Hartt, the City's consultant, will meet with the Planning Commission on November 17 to discuss the proposed comprehensive update of the Development Code.

Lake Road should be just about finished; the sidewalk program is complete, and the joint and crack sealing program is being addressed. As explained by the Safety-Service Director, that program is undertaken in the fall when the weather is cooler.

Ordinances 73-09 and 74-09 are fee increases proposed by the Recreation Department for the ice rink and the Civic Center. It has been approximately 2½ years since the last fee review. Next week, Recreation Director Mike Patterson will attend the meeting of the Committee-of-the-Whole and Parks and Recreation Committee chairman Anjanette Arabian Whitman will also be back to lead the discussion. The revised fees were presented to the Parks and Recreation Commission and were unanimously recommended.

In other Recreation Department news, a $1000 grant was received from the Mid-American Hockey Association to purchase equipment for the hockey program.

On October 26 at 7:30 p.m., a public hearing will be held in Council Chambers to receive comments regarding the City's application for a Community Development Block Grant for the Detroit Road Streetscape Project. She thanked Council members who have been involved from the inception of the program in stakeholders' meetings. This will be one phase of the much larger high priority $11 million project for the Detroit Road Reconstruction and Economic

Revitalization plan. This application will deal only with the portion on Old Detroit and the City is hoping for a $100,000 grant.

The Business Expo will be held on Thursday from 2 to 7 p.m at the Don Umerley Civic Center. The Mayor commented that this event is always successful and is good for business contacts. This year there will be a full complement of exhibitors and some will be selling their products. She encouraged everyone to attend.

Weekend activities include:

Friday, the Senior Center will sponsor its Oktoberfest beginning at noon. A few tickets are still available for this event which is always a sellout.

Saturday, October 17, at 9:00 a.m. the Police Auction will be held at the department's garages.

Sunday, the Kiwanis Pancake Breakfast will be held at the Civic Center.

LAW DIRECTOR'S REPORT:

On behalf of the Administration, Mr. Bemer asked that Ordinance No. 66-09 which concerns a review of sewer rates, be withdrawn from Council's agenda at this time for additional work in reviewing the process of modification of that chapter.

The Law Director also observed that the City has been diligent in preparing inventories and providing necessary schedules for recognition and disposal of records. A meeting of the Records Commission will be held this Thursday at 10:00 a.m. The Finance Director is the secretary and maintains records of most departments. Mr. Bemer commented that in the last three years, the City has made great strides in updating the transparency of the City government so that the public is aware of what records are available and which records need to be maintained.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

President Moran welcomed students present at the meeting and offered Council's help in any way.

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

2^ND READING

Mr. Moran noted that this ordinance is before the Planning Commission and, as reported by the Mayor, will be discussed with the consultant, Mr. Hartt at the Commission's November 17 meeting.

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"

2^ND READING

Mr. Moran explained that this ordinance, a rezoning, will be on the Planning Commission agenda of October 20. It will be returned to Council following that discussion with their recommendations.

RESOLUTION NO. 65-09 BY JAMES W. MORAN

AN EMERGENCY RESOLUTION ACCEPTING AMOUNTS AND RATES DETERMINED BY THE CUYAHOGA COUNTY BUDGET COMMISSION AND CERTIFYING THEM TO THE CUYAHOGA COUNTY AUDITOR

1^ST READING

Mr. Moran noted that this resolution was discussed last week at the meeting of the Committee-of-the-Whole. He said that the rates have been approved and he expects to pass the resolution when a full complement of Council members is present.

ORDINANCE NO. 66-09 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AMENDING SECTIONS 914.00, 914.15(a) AND 915.18 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING SEWER USE AND RATES

1^ST READING

Following communication from the Law Director, Mr. Moran proposed withdrawal of this ordinance from Council's agenda pending further deliberations. There were no objections from other members of Council.

ORDINANCE NO. 67-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOR THE YEAR 2010 SODIUM HYPOCHLORITE FOR THE WASTEWATER TREATMENT PLANT FROM BONDED CHEMICALS, INC. AT $.588 PER GALLON

1^ST READING

Mr. Furry explained that this chemical is used in three application processes: the effluent, pre-chlorination and the primary sludge phase. Past prices, 2008: $.534, 2009: $.93; and for 2010, a return to historical rates, $.588. This chemical is a requirement for the EPA permit.

ORDINANCE NO. 68-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE FOR THE YEAR 2010 TO PURCHASE SODIUM BISULFITE FOR THE WASTEWATER TREATMENT PLANT FROM PVS CHEMICAL SOLUTIONS, INC. AT $1.04 PER GALLON

1^ST READING

Mr. Furry noted that this is added to the final effluent and excess flow from primary clarifiers for dechlorination. 2008 price, $.77; 2009, $1.93; 2010, $1.04.

ORDINANCE NO. 69-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE FOR THE YEAR 2010 FERRIC CHLORIDE FOR THE WASTEWATER TREATMENT PLANT FROM KEMIRA WATER SOLUTIONS, INC. AT $292.00 PER DRY TON

1^ST READING

This promotes the settling of sludge and the reduction of phosphorus. 2008 price, $308/ton; 2009, $302; 2010, $292.

ORDINANCE NO. 70-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2010 FOR THE REMOVAL OF DIGESTED SLUDGE CAKE FROM THE WASTEWATER TREATMENT PLANT FROM YAWORSKY FARMS AT A COST OF $14.98 PER TON

1^ST READING

This rate is an increase of $1 over last year's rate. Mr. Furry observed that removal to the farm is the most economical method of sludge disposal.

ORDINANCE NO. 71-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2010 FOR THE REMOVAL OF DIGESTED SLUDGE CAKE TO A LANDFILL FOR THE WASTEWATER TREATMENT PLANT FROM CENTRAL WASTE, INC. AT A COST OF $30.86 PER TON

1^ST READING

Mr. Furry indicated that this contract needs to be in place in the event that digested sludge cake cannot be taken to Yaworsky farms. The 2008 contract rate was $37.75/ton; 2009, $46.08; 2010, $30.86.

ORDINANCE NO. 72-09 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE SERVICES FOR THE YEAR 2010 FOR THE REMOVAL OF RAW SEWAGE SLUDGE FROM THE WASTEWATER TREATMENT PLANT FROM CENTRAL WASTE, INC. AT A COST OF $30.86 PER TON

1^ST READING

This service is used only in an emergency such as equipment failure. When ordinary methods are inadequate, an emergency contract is needed. The 2008 price, $39.25/ton; 2009, $52.25, 2010, $30.86.

Mr. Furry noted that there can be further discussion of any of these ordinances next week at the meeting of the Committee-of-the-Whole if there are further questions.

ORDINANCE NO. 73-09 BY ANJANETTE ARABIAN WHITMAN

AN EMERGENCY ORDINANCE AMENDING SECTION 953.02 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "FEES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mr. Moran noted that the proposed fee increases appear to be nominal. Next week, Councilwoman Arabian Whitman as well as Recreation Director Patterson will be able to discuss the changes.

ORDINANCE NO. 74-09 BY ANJANETTE ARABIAN WHITMAN

AN EMERGENCY ORDINANCE AMENDING SECTION 954.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING CIVIC CENTER RECREATION FEES, AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

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

ORDINANCE NO. 75-09 BY JOHN B. SHEPHERD

AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE MEALS FOR THE ROCKY RIVER JAIL FACILITY AT A COST OF $22.50 PER DAY PER PRISONER ($7.50 PER MEAL) WITH A $1.00 DELIVERY CHARGE WHEN LESS THAN FOUR (4) MEALS ARE ORDERED FROM MICHAEL'S FAMILY RESTAURANT, ROCKY RIVER, OHIO

1^ST READING

Mr. Shepherd commented that the title is self-explanatory, adding that the maximum delivery charge is $3.00 per day. When prisoners are in the City's jail, meals must be provided. Michael's was last year's provider at the same cost, so this is a continuation of last year's contract with no price increase.

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:32 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council