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 26th 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.
Two upcoming pieces of legislation will be on Council's agenda soon:
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"
2ND 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
1ST 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
1ST 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
2ND 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
2ND 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.
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.