DRAFT
CITY OF ROCKY RIVER
OCTOBER 24, 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,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Thomas
Law Director: Mr. Matty
Press: Mrs. McKenzie, Ms. Payne
The meeting was opened with the Pledge of Allegiance. Mrs. Bobst announced that the meeting was being recorded by a resident.
MOTIONS:
Moved by Mrs. Bobst, seconded by Mr. Gollinger and Mr. Hagan, that the reading of the minutes of the Legislative Meeting of October 10 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mr. Gollinger, that the reading of the minutes of the Public Hearing and the meeting of the Committee-of-the-Whole of October 17 be waived and that the minutes be accepted as submitted.
Vote: Gollinger - aye Potterfield - abstain Frost - aye
Hurtuk - abstain Bartolozzi - aye Hagan - aye
Bobst - aye
5 ayes 0 nays 2 abstentions PASSED
Moved by Mrs. Bobst, seconded by Mr. Hagan, that the minutes of the meeting of the Parks and Recreation Committee of October 10 be waived and that the minutes be accepted as submitted.
Vote: Bobst - aye Hagan - aye Hurtuk - aye Potterfield - aye
4 ayes 0 nays PASSED
MAYOR'S REPORT:
The Mayor has been able to schedule a meeting for early tomorrow morning, and with Mr. Linden, Mr. Winterich and Mr. Hagan, will meet with postal officials to review safety and esthetic issues relative to the growth around the local post office.
The ribbon-cutting ceremony which will open the new Bates Road Park will be Thursday at 5:00 p.m. The public is invited to attend.
A check for $7500 has been received from Giant Eagle. This contribution to the Senior Transportation Program was made out of concern that with the closing of the Rockport store, area seniors would have difficulty shopping at the enlarged store at River Plaza. It is hoped that this contribution will insure their transportation.
The Administration is in the process of updating and renewing the exterior maintenance grant program. This program helps eligible residents finance exterior repairs to their homes.
The Police Auction was held Saturday. Although the turnout was light, all items up for bids were sold.
A very successful Community Emergency Response Team (CERT) was also held Saturday at the Senior Center. Thirty volunteers were led in the exercise by Chief Flynn and the CERT administrator from Lakewood.
The 2006 Paving Program is basically complete, except for the walkway at Tri-City Park. There is a "punch" list still to be resolved, but the Mayor indicated that he felt the program was successfully completed this year.
Friday, November 11 is Veterans' Day and will be observed at City Hall which will be closed.
The installation of new City Hall signs has been delayed by the weather. The Mayor hopes for completion of the project later in the week.
Last Friday the Mayor, with Dr. Allen, attended the finale of Red Ribbon Week at Goldwood School. The week's events, with a theme of "Bee all that you can be", emphasized self-esteem and students' pride in themselves and their school, as well as anti-drug information.
Last Thursday, the Mayor met with the architect for the streetscaping grant program, and he saw preliminary drawings and heard some good ideas from him. He wished to report that the program is moving along.
The last home football game has been held for this season, and the City provided EMS services on-site to the extent possible. The Administration and the superintendent of schools will review the situation prior to next season.
On Wednesday, the Mayor attended the Meals on Wheels recognition luncheon. The organization is based in the kitchens of Our Savior's Lutheran Church on Hilliard Blvd., and the Mayor feels that it is an extremely worthwhile service, providing 60 residents with 120 meals per day.
An emergency summit meeting will be held tomorrow morning in Congressman Kucinich's office in Lakewood to discuss the future of the automotive industry in this area. Mayor Knoble will represent our city.
LAW DIRECTOR'S REPORT:
Mr. Matty reported that he will attend the final settlement hearing in the case of Ann Natale v. the City and Police Officer Hill. The case, which involves an injury in an automobile accident with a police cruiser will be heard in the courtroom of Judge Timothy McGinty.
The Law Director also reported that he has received the 85th report resulting from the railroad settlement agreement. For the month of September, an average of 3.6 trains per day passed along the track in the City.
Finally, Mr. Matty indicated that he has begun research for the legislation proposed by the Safety Committee. He will distribute copies of a case pending in the United States District Court, southern Ohio, Western Division. This is part of the issue of prohibiting persons convicted as sexual predators from living 1000' of school premises. He noted that the Fairview Park ordinance is being held in committee because of pending litigation in the U.S. District Courts, and no research was done by them on the merits. The judge, Sandra Beckwith, has heard the case which was brought by five or six sexual offenders challenging the constitutionality of ORC section 2950.031 which forbids registered sex offenders from living within 1000 ft. of a school. The case was tried in September, but post-trial briefs were due in October, and there has been, as yet, no ruling. Mr. Matty will continue to monitor the situation for further Council discussion in November.
COMMITTEE REPORTS: NONE
COMMUNICATIONS AND ANNOUNCEMENTS:
Mrs. Bobst has received a communication from Chris Kippes of the Cuyahoga County Board of Health concerning the cancer assessment report. He notes that the report has been revised with references to Council deleted. Further, Mrs. Bobst has been told that there will be no charge to the City for the assessment. (Exhibit "A")
As reported by the Mayor, the new Bates Road Park will be dedicated on Wednesday.
On October 31, City Council will not meet as it is the fifth Monday of the month. On that day, the official hours of Halloween celebration will be from 6 p.m. to 8 p.m.
AUDIENCE PARTICIPATION: NONE
There were no Council requests for changes to the Consent Agenda.
MOTION:
Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that Ordinance No. 110-05 be amended to reflect changes recommended by the Planning Commission with the permitted parking time changed from 24 hours to 6 hours.
Discussion: Mr. Potterfield indicated that this ordinance has been reviewed by the Planning Commission and that the approved minutes have been received. The Commission has recommended that a change in hours be made to six from twenty-four. He noted that this was a thorough review and the vote was unanimous.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
AMENDED ORDINANCE NO. 110-05 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"
3RD READING
Moved by Mr. Potterfield, seconded by Mr. Gollinger and Mrs. Bartolozzi, that Amended Ordinance No. 110-05 be passed as read:
Discussion: This was one of the ordinances initiated by the Building Department to allow for more effective enforcement of the Code.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
MOTION:
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 111-05 be amended to reflect the recommendations of the Planning Commission as to definitions of commercial vehicles.
Discussion: This ordinance, too, was reviewed by the Planning Commission which recommended in its approved minutes that a more specific definition of commercial vehicles be adopted.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
AMENDED ORDINANCE NO. 111-05 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"
3RD READING
Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Amended Ordinance No. 111-05 be passed as read:
Discussion: This ordinance, initiated by the Building Department will also allow for more effective enforcement of the Code.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 135-05 BY FRANK B. GOLLINGER
AN EMERGENCY ORDINANCE TO AUTHORIZE THE MAYOR TO RENEW THE HEALTH CONTRACT FOR THE YEAR 2006 WITH THE GENERAL HEALTH DISTRICT OF CUYAHOGA COUNTY, OHIO FOR SERVICE TO THE CITY OF ROCKY RIVER, IN THE AMOUNT OF $3.35 PER CAPITA, NOT TO EXCEED SIXTY-NINE THOUSAND FOUR HUNDRED SIXTY-TWO DOLLARS ($69,462.00)
1ST READING
Moved by Mr. Gollinger, seconded by Mr. Potterfield, that the rule requiring that Ordinance No. 135-05 be read on three separate days be suspended, and that Ordinance No.135-05 be placed upon its passage:
Discussion: Mr. Gollinger noted that this is an annual contract for services which have been budgeted and for excellent services provided by the Board of Health. These necessary services could not be provided at less cost by the City, and he noted that there has been no increase in rates from last year. For these reasons, there is no reason to delay consideration.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Gollinger, seconded by Mr. Potterfield, that Ordinance No. 135-05 be passed as read:
Discussion: Mr. Gollinger also mentioned that Council members had recently received a report of the Board's activities on behalf of the City for the first half of the year which shows the breadth of services provided and the number of persons assisted. This contract will enable the City to utilize the expertise of experts for all sorts of problems. He recommended that Council act to continue their excellent assistance.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
ORDINANCE NO. 136-05 BY BRIAN F. HAGAN
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GEOTECH SERVICES, INC. FOR EMERGENCY REPAIR OF A PUBLIC STORM SEWER AT A COST NOT TO EXCEED $92,050.00 AND DECLARING AN EMERGENCY
1ST READING
Mr. Hagan indicated that this ordinance will be held for discussion at the next Committee-of-the-Whole.
The Mayor began a short explanation of the project, noting that the work was done on a bridge over Spencer Creek, which because of its length, is the responsibility of the City rather than the County or the State. Based on reports, it was scheduled as a repair project for this year. As work began, it was found that an extension added by the City at some previous time was causing a whirling action which jeopardized private property on both sides of the creek bed. In addition to making repairs to the culvert, it was decided that work was necessary to secure the hillside. During the storm of August 20, the Administration felt that there was imminent danger and that homes might be lost, so the project was commissioned immediately. This is the invoice for those services.
ORDINANCES AND RESOLUTIONS UNDER CONSENT:
ORDINANCE NO. 133-05 BY PAMELA E. BOBST
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH BURTON SCOT CONTRACTORS FOR A PAVED WALKING PATH AT TRI-CITY PARK IN AN AMOUNT NOT TO EXCEED $16,389.00
1ST READING
This ordinance was discussed last week and a GIS map showing the path has been distributed by the Mayor. The project will directly benefit residents with improved access and safety. The funds will be taken from the Cox Recreation Fund.
ORDINANCE NO. 134-05 BY PAMELA E. BOBST
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH FIORILLI CONSTRUCTION INC. FOR RENOVATIONS AT THE HAMILTON ICE ARENA IN AN AMOUNT NOT TO EXCEED $158,200.00
1ST READING
This ordinance, too, was discussed at the Committee-of-the-Whole. The renovation project includes a remodeled lobby, rest rooms, and adds changing rooms for female ice skaters. Further it creates a vestibule and additional storage.
Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that the rule requiring that the ordinances of 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 Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that the stated ordinances be passed as read:
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
MISCELLANEOUS BUSINESS:
Mr. Hurtuk indicated that following the last meeting with the State auditors, recommendations were made. Mr. Thomas has provided a memo which outlines changes to implement housekeeping matters. A further recommendation to establish an audit committee will be addressed between now and the end of the year.
Mr. Gollinger raised the issue of payment which could be due to the Cuyahoga County Board of Health in an inquiry not initiated by the Mayor or Council. He urged the Mayor to write to the Board outlining whose authority can initiate such services.
Mr. Frost has received an e-mail from Philip Alexander, 20641 Beachwood Dr. in favor of the railroad Quiet Zone. (Exhibit "B")
AUDIENCE PARTICIPATION: NONE
As there was no further business by members of Council, the meeting was adjourned at 8:40 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 October 24, 2005. These minutes may be amended or revised at the next Legislative Meeting.