DRAFT

CITY OF ROCKY RIVER

MARCH 8, 2010

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, Dr. Schieda, Mr. Moran

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

Assistant Law Director: Mr. O'Shea

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 Legislative Meeting of February 22 be waived, and that the minutes be accepted as submitted.

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

Arabian Whitman - aye Schieda - aye Moran - aye

5 ayes 0 nays 2 abstentions PASSED

Moved by Mr. Moran, seconded by Mr. Hunt, that the reading of the minutes of the meeting of the Committee-of-the-Whole of March 1 be waived, and that the minutes be accepted as submitted.

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

Arabian Whitman - aye Schieda - aye Moran - abstain

6 ayes 0 nays 1 abstention PASSED

MAYOR'S REPORT:

For the 26^th year, Rocky River has been awarded the designation of Tree City, USA by the Arbor Day Foundation. The Mayor thanked Mrs. Costello, Safety-Service Coordinator, who prepared the submission which included the City Forester, Mr. Reyes and his crews, the Beautification Committee, the Tree Lawn Tree Planting Program and last year's Gateway Landscaping Project.

The Mayor was also pleased to announce that on Thursday, March 18, the City will conduct the Lake Road Construction meeting for residents, business owners and property owners along the section of Lake Road slated for the next construction project, from the clock tower to Linda Street. Also included will be the replacement of the traffic signal at Elmwood and reconfiguration of the intersection to make it more pedestrian-friendly.

• The meeting will include City Engineers Michael Mackay and Kim Kerber, ODOT liaison Kathy Sarli, Safety-Service Director Linden and E & CD Director Koran.
• An overview of the project will be presented along with the timetable including starting times and length of the project. Questions and input from the audience will be encouraged.
• In addition, the Mayor has asked Mr. Koran to formulate a marketing plan for the businesses in the construction corridor to help them meet the challenges of the economy and the construction project. The plan will encourage customer loyalty to those businesses; Mr. Koran will also work with individual businesses.
• Because construction will not be completed before the start of school in the fall, the City will also work with the schools to insure that school buses will be able to continue to function.

Two upcoming pieces of legislation will be on Council's agenda soon:

• The awarding of the contract for the Settled Sewage Pump Replacement Project at the WWTP. The apparent low bidder is Kokosing at $219,900, below the Engineer's Estimate of $227,000. The high bidder was at $241,000+. The Mayor was interested to note that there were eight bidders on the project. Legislation is being prepared.



• Pool fees are being reviewed by Recreation Director Patterson and his staff. Following presentation to the Parks & Recreation Commission, revisions will be before Council.

The Westshore Regional Fire Department Study public meetings will be held tomorrow at the Rocky River Senior Center and on Wednesday at the Westlake Recreation Center. Both meetings will begin at 6:30 p.m.

On Thursday evening, the Historical Society will host a program on the history of the Municipal Court presented by Judge Donna Congeni Fitzsimmons and Judge Brian Hagan.

Friday, the New Barleycorn Irish Folk Singers will perform at the Senior Center. The Mayor noted that this group always draws a large crowd for their program which begins at noon.

Rocky River hosted a meeting of area mayors and their representatives with airport officials last week;. The meetings had been held on a quarterly basis, but were discontinued with the Part 150 Noise Compatibility Study. The Mayor and Councilman Furry were in attendance at this session, held to update all cities, both on the study and other issues. Airport Director Ricky Smith and his staff provided construction updates, specifically, runway 1028, and taxiway Q and a hold pad. Information was also presented on the residential sound insulation program for which 330 homes are eligible, although none in Rocky River. A draft of the Part 150 Study was received. Also discussed was the electrical outage early in January which has now been addressed, although long-term solutions are still under discussion. The Mayor noted that the communication with officials was valuable, particularly in view of the City's close proximity to the airport.

Mr. Furry added that there was also a report that the number of noise complaints has decreased since Northwest Airlines discontinued use of its DC-9 planes. The Mayor noted that there are also fewer planes this winter, and the City will continue to monitor numbers of complaints.

Discussion: Mr. Hunt confirmed that the Lake Road meeting will be on March 18 at 6:30 p.m. at the Don Umerley Civic Center.

LAW DIRECTOR'S REPORT:

Because Mr. Bemer was ill, Assistant Law Director O'Shea indicated that upon his return next week, he will update Council on the latest train figures from Norfolk-Southern.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 48-09 BY JAMES D. SCHIEDA

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

Dr. Schieda indicated this update to the Development Code is still on hold, pending receipt of the final draft being prepared by consultant D.B. Hartt. It was delayed due to a family emergency of Ms. Rogers, also working on the project. The Mayor added that Ms. Rogers will return to her office on March 10, so communication is expected later in the week.

ORDINANCE NO. 4-10 BY JAMES D. SCHIEDA

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN

REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 303-03-010 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL (R-1, F-1) TO PUBLIC FACILITY (PF) IN ITS ENTIRETY, AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

Dr. Schieda noted that this ordinance, which is a request for a zoning change for property north of the City campus, was recommended by the Planning Commission at its last meeting on February 16. This ordinance would change the zoning from Residential to Public Facility. A public hearing will be held next week.

ORDINANCE NO. 13-10 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AMENDING SECTIONS 558.03 AND 558.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING MAXIMUM PERMISSIBLE SOUND LEVELS AND THE SPECIFIC PROHIBITIONS, RESTRICTIONS AND EXEMPTIONS THERETO FOR RESIDENTIAL HEATING AND AIR CONDITIONING UNITS

1^ST READING

Mr. Furry indicated that there was discussion last week at the meeting of the Committee-of-the-

Whole concerning times and decibels permitted. Further discussion will be held next week when Director Bemer is in attendance. The Mayor added that the Law Director has gathered information which will be shared next week.

ORDINANCE NO. 14-10 BY ANJANETTE ARABIAN WHITMAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY SERVICE TO PURCHASE AN UNDETERMINED NUMBER OF T-SHIRTS FOR THE CITY OF ROCKY RIVER FROM NATIONAL SCREEN PRODUCTIONS FOR ONE YEAR

1^ST READING

Moved by Mrs. Arabian Whitman, seconded by Mr. Furry, that the rule requiring that Ordinance No. 14-10 be read on three separate days be suspended, and that Ordinance No. 14-10 be placed upon its passage:

Discussion: Mrs. Arabian Whitman pointed out that the T-shirts should be purchased now to be ready for the Recreation Department's spring and summer seasons.

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

Arabian Whitman - aye Schieda - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mrs. Arabian Whitman, seconded by Mr. Furry, that Ordinance No. 14-10 be passed as read:

Discussion: This is an annual ordinance to purchase approximately 6000 T-shirts which Mrs. Arabian Whitman said would be distributed among residents and treasured for a long period of time. Three bids were received, and the lowest and best was received from National Screen Productions which provided last year's shirts and gave very good service and quality.

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

Arabian Whitman - aye Schieda - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 11-10 BY JOHN B. SHEPHERD

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 AN AMOUNT NOT TO EXCEED $29,000.00 AND DECLARING AN EMERGENCY

2^ND READING

As previously discussed, Mr. Shepherd noted that the cost of services will not exceed $29,000 for services from an organization dedicated to reducing usage of drugs and alcohol among young people. Only provided services will be funded.

ORDINANCE NO. 12-10 BY JOHN B. SHEPHERD

AN ORDINANCE AUTHORIZING THE ADMINISTRATION TO PURCHASE AN ESTIMATED 5,000 TONS OF SALT FOR THE 2010/2011 WINTER SEASON FOR THE SERVICE DEPARTMENT UNDER THE OHIO DEPARTMENT OF TRANSPORTATION'S COOPERATIVE PURCHASING CONTRACT 18 FROM THE STATE-APPROVED VENDOR

2^ND READING

Mr. Shepherd indicated that this ordinance also was discussed at the last meeting. This will enable the City to purchase salt for the next winter season under ODOT's Cooperative Purchasing program.

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

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

Arabian Whitman - aye Schieda - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Shepherd, seconded by Mr. Furry, that ordinances of the Consent Agenda be passed as read:

Discussion: Mr. Moran noted that he spoke to Mrs. Campanella, the Community Challenge Coordinator who wished to be present, but could not, due to a personal conflict. Mr. Moran remarked that their programs bring families together and commented on the participation of Council members, noting their positive reactions to the programs.

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

Arabian Whitman - aye Schieda - aye Moran - aye

7 ayes 0 nays PASSED

AUDIENCE PARTICIPATION:

Carol Benyo, 22671 Briscoe Drive, came forward to suggest that, based on the heavy snow received this winter, residents be asked to place their rubbish on their tree lawns from November to April. She said that in her neighborhood, it is often difficult and dangerous for scooters to navigate uncleared driveways clogged with many cars, and she was concerned about the safety of Service crews. She said she believes that current residents of the City do not care about driveway pickup of rubbish, and that scooter pickup is difficult because of grade issues and the number of cars parked in driveways.

• Safety-Service Director Linden responded that before the policy was changed in 1969, rubbish was placed on tree lawns. The service was appreciated by a large part of the population (27%) which was older and had difficulty bringing cans to the curb. If residents park in their driveways and block access, pickup is delayed until the next week unless residents call the City for a special pickup.



• The Mayor commented that rubbish pickup was delayed once during this past winter because conditions made pickup too difficult, and drivers were needed for road clearing. The Mayor said that the community enjoys pickup of refuse by the garages. This is not only an esthetic and environmental issue, but it is also a safety issue. When cans are empty, they blow onto the roadway and create a hazard.



• Mr. Linden agreed, recalling a storm with high winds that scattered trash and cans all over the Hampton Road neighborhood which required a week to clean up.



• Mr. Moran asked how many three-wheel vehicles remain in the City fleet. Mr. Linden said only two or three. Four-wheel vehicles are more stable than the older ones.

As there was no further business by members of Council, the meeting was adjourned at 8:35 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council

Please note: This is a draft copy of the minutes of the Legislative Meeting of March 8, 2010. These minutes may be revised or amended at the next Legislative Meeting.