CITY OF ROCKY RIVER

FEBRUARY 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

Law Director: Mr. Bemer

Press: Ms. Toth, Ms. Spirgen

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 January 25 be waived, and that the minutes be accepted as submitted.

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

Arabian Whitman - aye Schieda - aye Moran - aye

6 ayes 0 nays 1 abstention PASSED

Moved by Mr. Moran, seconded by Mr. Shepherd, that the reading of the minutes of the meeting of the Committee-of-the-Whole of February 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 - aye

7 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor was pleased to announce that the City has received official notice from the District One Public Works Integrating Committee (DOPWIC) that the Frazier/Beach Cliff Sanitary Sewer Project has been recommended for funding as a contingency project. The recommended award is $3.2 million.

Three storefront renovation rebate projects are already being planned with the assistance of Director Koran and Commissioner Beirne. Those projects are the new Dairy Queen on Center Ridge Road, the wine bar and the new restaurant on the former site of the City service garage, both located on Linda Street.

On Friday, the WWTP will seek bids for the Settled Sewage Pump Replacement Project. This project has been engineered and readied for bid and can now move forward. In addition, the floor repair of the Filter Building, a project which received ARRA funds, will be completed by the end of the week.

Family Game Week received a boost from the enthusiastic participation of 75 to 100 children at the Senior Center this weekend. They made valentines, balloon art and other crafts and played games.

The Mayor was told by a representative of the Rocky River Junior Women's Club that they would once more sponsor a bench project. Local artists create 27-30 benches which are displayed throughout the City and then auctioned to raise funds for the Club's charitable projects. Jr. Women's is coordinating the project with the Fall Arts Festival.

In news from the Recreation Department:

• Silver Sneakers now has more than 300 participants.
• Automatic withdrawal packages now number 70.

Next week's Council agenda will include an ordinance to fund Community Challenge and attached to it will be the 2010 program proposal for services they intend to provide to the City. The Mayor said that among other changes will be the amount of the funding. For several years, the City has funded the organization at $43,500; last year, because of budget issues, the amount budgeted was reduced to $32,000 and $28,000 was actually provided for services rendered. This year's proposal is for $29,000. The ordinance will be discussed at next week's meeting of the Committee-of-the-Whole.

The State of the Schools address will be tomorrow at noon at the Don Umerley Civic Center.

Tomorrow the Mayor will meet with City Architecture to finalize the Detroit Road Streetscape Project. The City expects to be notified in April whether it has received the $100,000 Community Development Block Grant for that project. She reminded Council that the project was submitted to Congressman Kucinich's office as part of the larger Detroit Road Reconstruction and Revitalization Project.

Finally, Mayor Bobst requested an Executive Session under Article X, Section 6, subsection (3) to discuss two legal matters.

LAW DIRECTOR'S REPORT:

Mr. Bemer reported that in fulfillment of the required attendance at a public records seminar by all elected officials, he will attend a seminar this Thursday downtown at the Cleveland Bar Association. If others are interested, it will be free of charge and followed by an additional municipal law seminar in the afternoon. He commented that he could be designated to attend on behalf of other elected officials. Attendance is required at least once each term.

Discussion: Responding to Council questions, Mr. Bemer agreed to look into being named the designee for the other elected officials in the City.

MOTION:

Moved by Mr. Moran, seconded by Mr. Mylen, that, at the request of the Mayor, an Executive Session be held following the Legislative Meeting under Article X, Section 6, Subsection (3) of the Charter to discuss two matters that are the subject of pending or imminent court action.

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

Arabian Whitman - aye Schieda - aye Moran - aye

7 ayes 0 nays PASSED

COMMITTEE REPORTS:

Parks, Recreation and Health Committee: Mrs. Arabian Whitman reported that a CycleOps course at the Civic Center was the subject of a very favorable Plain Dealer article on February 2.

During the first week of January, 150 persons participated during demo week which brought the total for the month of January to 242 participants in the cycling program.

• The number of log-ins at the Fitness Center has increased by 20% from the same period a year ago.
• There is also an excellent flow of traffic at the ice rink: 3,930 skaters have participated in open skating sessions and during the holiday ice skating party.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran reminded elected officials that they are required to return the form requested by the Ohio Ethics Commission by April 15.

Mr. Moran also complimented Mr. Linden on the condition of the streets during the past week's snowstorms.

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 has been under discussion for some time, and expressed appreciation to the Administration for the Executive Summary and memorandum which lists by chapter changes recommended by the Planning Commission. He noted that there are many changes which have been under discussion for some time.

Because of the complexity of the revision, he suggested giving Council members an opportunity to discuss the modifications with those who have been working with the changes, i.e. Building Commissioner Kevin Beirne , E& CD Director Koran and Law Director Bemer. He would like to explore the effects of the new Code on residents and businesses and is especially interested in the process, wondering if it is too complex. He also suggested postponing the Public Hearing.

• Mayor Bobst suggested that because Council will meet next Tuesday, the same day as the Design and Construction Board of Review and the Planning Commission, it may be a good opportunity to invite Commissioner Beirne who will also be a part of those meetings. Director Koran would also be invited and the Law Director would be present. The Public Hearing with D.B. Hartt could be scheduled following Council's agreement that the final version of the Code has been adopted.



• Mr. Moran suggested having meetings or discussions as necessary with members of the Administration to make certain that all changes are understood before scheduling the Public Hearing with D.B. Hartt.

Dr. Schieda added that it would be best if those present were well-informed and prepared to answer questions.

• A question was raised about the date of the Public Hearing, and the Mayor noted that last week it was determined that because preparation of the revised Code was delayed, review of the document and discussion at the Committee-of-the-Whole was also delayed. She noted that she has not heard questions, so she does not know if Council is comfortable with this version or if there could be greater issues which will require further discussion at the Committee-of-the-Whole or at a committee meeting. She suggested, however, that discussions be held before the Public Hearing which is for the purpose of hearing residents' responses to the document. It would, therefore, be important to have a document which Council has accepted. If Ordinance No. 48-09 is amended with the Development Code attached, then the community knows which document is being discussed. This course will eliminate confusion.



• Mr. Hunt agreed that the most sensible course is to have the discussions before scheduling a Public Hearing.
• Mr. Mylen also agreed and suggested further that it may be a good idea to invite members of all groups which worked on the Code.

Dr. Schieda expressed concern that the process which provides for early denial may discourage businesses because applicants may see the process as cumbersome. He said the City would like to encourage residents and businesses to apply for improvements and development.

• The Mayor responded that providing more definitive information earlier in the process was discussed at early stakeholders' meetings. Those who were impacted would know early in the process before time, money and resources were expended in a process which ultimately may be denied. The focus has been to streamline the process but with effective representation of all parties involved, including the person involved in the project as well as those impacted because they live in proximity to it. Commissioner Beirne will be able to compare the present process with the process about to be adopted.

The Mayor urged Council members to call the Administration with questions so that any concerns can be addressed.

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"

Dr. Schieda noted that this ordinance, which is a request for a zoning change for property adjacent to the City campus, has also been referred to the Planning Commission.

MOTION:

Moved by Mr. Hunt, seconded by Mr. Furry, that Ordinance No 5-10 be amended by substitution.

Discussion: This ordinance needs to be amended by substitution based upon clarifications made during discussions at the previous meeting of the Committee-of-the-Whole.

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

Arabian Whitman - aye Schieda - aye Moran - aye

7 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 5-10 BY THOMAS J. HUNT

AN EMERGENCY AMENDED ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE FOUR (4) 2010 FORD CROWN VICTORIAS AND ONE (1) FORD EXPEDITION FOR THE POLICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM STATEWIDE FORD LINCOLN

MERCURY, INC. AT A COST NOT TO EXCEED $117,143.60

1^ST READING

Moved by Mr. Hunt, seconded by Mr. Furry, that the rule requiring that Amended Ordinance No. 5-10 be read on three separate days be suspended, and that Amended Ordinance No. 5-10 be placed upon its passage:

Discussion: Mr. Hunt noted that discussions have been held regarding this ordinance at previous meetings, and since the purchase order must be submitted, there is no reason to further delay passage of the ordinance.

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

Arabian Whitman - aye Schieda - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Hunt, seconded by Mr. Furry, that Amended Ordinance No. 5-10 be passed as read:

Discussion: The four 2010 Crown Victorias will be purchased from POPAS funds. The Ford Expedition will be used for the canine unit and comes with heavy-duty equipment which should mean that it will have a longer road life. All vehicles have been provided for in the budget.

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. 7-10 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE ADJUSTMENT OF SEWER RATES PAID TO THE CITY OF LAKEWOOD FOR THE TREATMENT OF SANITARY SEWAGE

2^ND READING

Mr. Moran commented that this ordinance authorizes payment to the City of Lakewood for sewage treatment for a group of homes in the Valley View area. The residents in that area pay the same rate as all other City residents.

ORDINANCE NO. 8-10 BY JAMES W. MORAN

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH CIUNI & PANICHI, INC. FOR AUDIT SERVICES AT A COST NOT TO EXCEED $31,920 AND DECLARING AN EMERGENCY

1^ST READING

Mr. Moran noted that this is the third year of a four-year agreement with this provider of audit services. As auditors are ready to proceed, this ordinance should move forward.

ORDINANCE NO. 9-10 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE THREE (3) REFUSE SCOOTER VEHICLES FROM BAKER VEHICLE SYSTEMS AT A TOTAL NET COST NOT TO EXCEED $92,430.00

1^ST READING

Mr. Mylen indicated that three new scooters are required for trash pickup throughout the City. As discussed last week, this is the only bid that met all specifications. The City is committed to continuing the use of scooters because of its popularity with residents.

ORDINANCE NO. 10-10 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE TREE LAWN TREES FOR THE CITY OF ROCKY RIVER FROM BRUNNER LANDSCAPE, INC. IN AN AMOUNT NOT TO EXCEED $9,880.00

1^ST READING

As discussed at the meeting of the Committee-of-the-Whole, Mr. Furry noted that eight bids were received for this service. The lowest and best was from Brunner Landscape. References have been positive, and there is a one-year warranty on all work. For the last five years, 200 trees per year have been planted, but because of budget cuts, approximately 70 will be planted this year, divided as equally as possible among the wards..

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. Moran, seconded by Mr. Furry, that Ordinances No. 7-10, 8-10, 9-10 and 10-10 the ordinances of the Consent Agenda be passed as read:

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

Arabian Whitman - aye Schieda - aye Moran - aye

7 ayes 0 nays PASSED

AUDIENCE PARTICIPATION: NONE

Mr. Moran announced that next week's meeting will be on Tuesday, February 16 in observance of Presidents' Day.

As there was no further business by members of Council, Mr. Moran announced that Council would move into Executive Session and that no further business would be discussed before adjournment.

No further business was discussed, and the meeting was adjourned at 9:28 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council