CITY OF ROCKY RIVER
FEBRUARY 22, 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. Furry, Mrs. Arabian Whitman, Dr. Schieda,
Mr. Moran
Absent: Mr. Shepherd, Mr. Mylen
Administration: Mayor Bobst, Mr. Linden
Law Director: Mr. Bemer
Press: Ms. Toth
The meeting was opened with the Pledge of Allegiance.
MOTION:
Moved by Mr. Moran, seconded by Mr. Hunt, that the reading of the minutes of the Legislative Meeting and the Executive Session of February 8 and the meeting of the Committee-of-the-Whole of February 16 be waived, and that the minutes be accepted as submitted.
Vote: Hunt - aye Furry - aye Arabian Whitman - aye
Schieda - aye Moran - aye
5 ayes 0 nays PASSED
MAYOR'S REPORT:
The Mayor updated Council on two appropriations requests: the Detroit Road Reconstruction and Economic Revitalization Project and the Westway-Lakeview-Hampton Sanitary Sewer Overflow Elimination Project have both been submitted to Congressman Kucinich's office. At present, 12 appropriations bills will be in front of the Appropriations Committee in preparation for the fiscal year 2011 federal budget which begins on October 1. The City would be notified if these projects are selected and they would then be forwarded to the Committee by March 19. They would also appear on the Congressman's website with other selected projects.
Referring to a recent newspaper article, the Mayor noted that Bay Village is not presently a NOPEC community, but is moving in that direction. Rocky River is a member of this energy aggregation group for both electricity and gas, so residents may choose to opt in or opt out of the service.
A new grant program, Powering Our Community, was mentioned in the article, and Rocky River has received notification of eligibility. Because the City has 7,615 accounts with NOPEC, it would be eligible to apply for a maximum of $228,000 in grants for energy-related activities. According to grant guidelines just received, projects for energy conservation, advanced energy, energy education, economic development, and relieving financial distress in the community could qualify for funding.
One of the City's greatest needs is for a generator for City Hall so that in case of a power outage, City functions could continue. The Administration will review program specifications and recommendations in order to meet the March 1, 2011 deadline.
Two Community Challenge programs have been scheduled:
On Friday, the Senior Center sponsored its annual Volunteer Luncheon. The Mayor expressed her appreciation to Council, noting that all members made time to attend. She commented that their presence, as well as that of the Law Director, was very much appreciated and meant a great deal to all of the volunteers who donated more than 14,000 hours to the Senior Center last year. Not having to pay $10 or $20 per hour for this time means that it is possible to present or expand programs which benefit the senior community.
Discussion: Mr. Furry asked about the probability of funding for the two appropriations requests. The Mayor said that she has had many conversations with Congressman Kucinich's office, and has met with staff of Appropriations Committee member Congressman Steven LaTourette. She also said that, interestingly, the two projects are in different areas: one is for 594 funds which have already been appropriated for environmental purposes, and the other is a transportation project. While it may be optimistic to think that both projects can be funded, she said that she is particularly hopeful for the project request from 594 funds which have already been appropriated.
Mr. Moran asked about the generator for City Hall, wondering about the cost range for such equipment. The Mayor responded that the cost would be approximately $250,000. Another could be used at the Don Umerley Civic Center in accordance with preparedness plans. The immediate need, however, is to be certain that safety forces and City Hall can continue to function. She noted that a grant application has been submitted under the Aid to Fire Fighters through Homeland Security for a portion of the cost of the generator.
The Mayor added that a grant is also available from the County which would pay for an energy audit for the City. This is important because such a study is costly, but is often a first step to be eligible for other energy funding. Criteria and requirements for application should be available by the end of the week.
LAW DIRECTOR'S REPORT:
Mr. Bemer reported that today, he and Building Commissioner Kevin Beirne participated in a conference call with Alisa Duffey and D.B. Hartt, consultants hired by the City to revamp the Development Code. Discussed were final revisions and refinements to the proposed Code.
He also announced that the pretrial hearing regarding the Lakewood Dog Park was rescheduled from February 12 to this Friday, February 26.
Discussion: Mr. Moran asked if there is timeframe for the final rendering of the Code. Mr. Bemer said that much of it is in the hands of the Building Commissioner. Present concerns are certain uses in the business district and flood control and pre- and post-construction management. Unfortunately, some information from the Cuyahoga Soil and Water Conservation District regarding necessary upgrades will not be ready in time to incorporate into the Development Code when passage is addressed. There is also a separate air conditioning issue that is distinct from discussed issues. This oversight concerning decibel levels will be presented by separate ordinance.
Mr. Furry asked why the pretrial hearing was delayed. Mr. Bemer responded that the judge was not available and did not wish to refer the case to a staff attorney.
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 has been under discussion, and at the last meeting, discussion was held with E&CD Director Koran and Building Commissioner Beirne. He said their comments gave Council members a good idea of the quality of work being done by consultants David Hartt and Alisa Duffey, gave clarity and provided an opportunity to ask questions. The document provides clarity, accuracy and detailed guidance which will help the City going into the future. The Code is now before Council for final approval, and final refinements are being made. He asked Council members who had concerns to express them to Mr. Bemer, Mr. Beirne or Mr. Koran so that they can be resolved and Council can be in agreement for completion of the process. Any additions and deletions will be made before the Public Hearing.
The Mayor added that there are a few items which need to be addressed. She has asked Mr. Bemer, Mr. Beirne and Mr. Koran to complete the changes by Monday so that Council members will see a final draft with those changes at that time. At next Monday's meeting, the Law Director will explain the changes.
The Mayor then enlarged upon the Law Director's comments about stormwater management efforts and building site management. She indicated that she has asked the Cuyahoga Soil and Water Conservation District to assemble an abstract to be submitted to EfficientGovNow to review an inventory and evaluation of stormwater management practices for the four communities which flow to the WWTP. From there a best practices implementation model will be developed that can be used in each of the communities. That process is what the Law Director was referring to in his report. This will continue to move forward although it will not appear in this draft of the Development Code.
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 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 has been scheduled for March 15.
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
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Mr. Moran noted that the 2009 annual report has been received from Community Challenge. As discussed last week, the Community Challenge proposal lists services to be delivered. He also recalled that Councilwoman Arabian Whitman has been active with Community Challenge and recognizes its value to the City.
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
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Mr. Moran noted that the ODOT Cooperative Purchasing Program has saved a great deal of money spent on salt in past years. He noted that the salt authorized by this ordinance will be used for next year's winter season.
Mr. Linden explained that the amount has not changed from this year, 5000 tons. This contract allows a minimum purchase of 4000 tons and a maximum of 6000 tons. He noted that 1000 tons was carried over from last year and 3600 tons have been used so far this year. With another 1400 tons, the minimum order will have been reached, and he hopes to be able to maintain that level for the remainder of the season.
AUDIENCE PARTICIPATION: NONE
As there was no further business by members of Council, the meeting was adjourned at 8:30 p.m.
____________________________ _______________________________
James W. Moran Misao Kurokawa
President of Council Clerk of Council