CITY OF ROCKY RIVER

MAY 24, 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, Dr. Schieda,

Mr. Moran

Absent: Mrs. Arabian Whitman

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

Law Director: Mr. Bemer

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 May 10 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye Mylen - aye

Furry - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Moran, seconded Dr. Schieda, that the reading of the minutes of the Public Hearing, the meeting of the Committee-of-the-Whole and the Executive Session of May 17 be waived, and that the minutes be accepted as submitted.

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

5 ayes 0 nays 1 abstention PASSED

MAYOR'S REPORT:

A Plain Dealer story last week reported that Medical Mutual of Ohio has extended coverage to covered employees' children up to age 26 immediately as part of the Federal health care package, but the Mayor explained to Council that this does not impact the City of Rocky River employee coverage. (She noted that this policy is not to be confused with the state health care package which will extend dependent coverage to age 28.) The Medical Mutual policies affected now are primarily fully-funded programs. Upon renewal, however, on 1/1/11, additional dependents who meet certain criteria and are up to age 28, as described in the bill, must be covered. A preliminary survey of Rocky River employees shows that 60 dependents could be added to present coverage, and the Administration is working with Findley Davies, health care consultant, on ways to accommodate this increase. At present, the 210 full-time employees and dependents mean that about 550 individuals are being insured. The Mayor noted that the new federal and state laws cover only health care and prescription drug coverage, not dental, and that these dependents may not have access to health care on their own in order to qualify for this coverage.

Mayor Bobst commented that in examining building permits, she sees a positive trend in the City. Through April, 2009, 238 permit applications totaled valuations of $1,499,000. Through April of 2010, 248 permit applications totaled $2,239,000. She was pleased to see this trend in terms of investment, which includes residential and commercial.

The Cuyahoga County Department of Development has released its annual report, and the Mayor was happy to report that two Rocky River projects from the Storefront Renovation Rebate program were highlighted, Tartine Bistro and Stadler Jewelers. Rocky River was named as one of the leaders in the program with 27 projects.

The Mayor then shared successes in the Senior Center's writing group:

• In a competition sponsored by the U.S. Administration on Aging entitled "Age Strong! Live Long!", Dianne Borowski and Leo Lightner are finalists #100 and 101 writing "My Recipe for Strength". The public is invited to vote at olderamericansmonth.org and the votes will determine the winners.



• The Senior Center writing group also had two winners in "Imagining Heaven", Sally Leamon and Lidia Hidalgo. Their entries were chosen for a publication to benefit hospice care.

Next Monday is Memorial Day and the traditional parade will begin at 10:30 a.m. from the high school.

LAW DIRECTOR'S REPORT:

Mr. Bemer reported that for the month of April, the train count was zero for a low and six for the high with an average of 3.2 trains per day passing through the City.

The Law Director then commented on the diligence of both Building Commissioner Kevin Beirne and GIS Specialist Ron Gottschalk who perfected the 2010 Zoning Map presented to Council this week. With no new boundaries, this map shows the consolidation of the four office districts to two, and the two attached single districts were consolidated into one. He also pointed

out the CBD (Central Business Mixed Use) and MX, ( mixed use overlay) districts now included on the map.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran indicated that there will be no Council meeting next week as it is the fifth Monday in May.

AUDIENCE PARTICIPATION: NONE

AMENDED 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

3^RD READING

MOTIONS:

Moved by Dr. Schieda, seconded by Mr. Furry, that Ordinance No. 48-09 be amended by accepting the recommendations of the Planning Commission which have been incorporated in the January 26, 2010 draft of Exhibit "A"

Vote: Hunt - aye Shepherd - aye Mylen - aye

Furry - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Dr. Schieda, seconded by Mr. Mylen and Mr. Furry, that Ordinance No. 48-09 be amended by accepting the recommendations of the Building Commissioner.

Vote: Hunt - aye Shepherd - aye Mylen - aye

Furry - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Dr. Schieda, seconded by Mr. Mylen, that Ordinance No. 48-09 be amended by accepting the modified Zoning Map which will be included with the ordinance.

Vote: Hunt - aye Shepherd - aye Mylen - aye

Furry - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Dr. Schieda, seconded by Mr. Furry, that Ordinance No. 48-09 be passed as amended:

Discussion: Mr. Furry praised the work that went into this revision, and despite the fact that further revisions will always be a part of the process, he expressed pleasure in the passage of this draft. Other Council members echoed his sentiments.

Mr. Moran also thanked the Law Director for his input on this ordinance.

Vote: Hunt - aye Shepherd - aye Mylen - aye

Furry - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 34-10 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE SAFETY SERVICE DIRECTOR TO INCREASE THE CITY'S SHARE BY $103,840.00 FOR THE OHIO DEPARTMENT OF TRANSPORTATION'S LAKE ROAD STORM AND SANITARY SEWER REPLACEMENT AND PAVING RECONSTRUCTION PROJECT WITH THE CITY'S TOTAL SHARE OF THE PROJECT NOT TO EXCEED $1,257,396,00

1^ST READING

Moved by Mr. Shepherd, seconded by Mr. Furry, that the rule requiring that Ordinance No. 34-10 be read on three separate days be suspended, and that Ordinance No. 34-10 be placed upon its passage:

Discussion: Mr. Shepherd pointed out that this project is already under way, and funding for necessary changes should not be delayed. He noted that the increases are Rocky River's responsibility because they are above and beyond funding.

Vote: Hunt - aye Shepherd - aye Mylen - aye

Furry - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Shepherd, seconded by Mr. Furry, that Ordinance No. 34-10 be passed as read:

Discussion: Mr. Shepherd noted that in any major construction project, there is a probability of changes, additions, unforeseen circumstances which require adjustments. This ordinance will authorize adjustments on the 18" sanitary force main which is part of t he Lake Road project, including the addition of a valve vault at Morewood Parkway. He turned to Director Linden for some history behind this request.

• The Safety-Service Director explained that the need for this work dates back to when he became Service Commissioner in the 1980's. The sewer line which extends from the Falmouth pump station to Morewood is only an 8" line and will eventually have to be replaced by an 18" line. Because the line now stops at Lake Road, this would be the most sensible time to extend the line through the intersection so that when the replacement is done, Lake Road will not be disturbed. The changes were not made earlier because the force main was incorrectly shown on City maps, produced before Mr. Linden's and Mr. Mackay's time. .The purpose of the changes is to make future work go smoothly.

• Mr. Mylen asked if any of the costs would have been avoidable if the plans had been accurate. Mr. Linden said that the costs would have been the same, and the vault would still have been required. Responding to Mr. Furry, he explained that a vault is a manhole which gives access to machinery and pipes for manual shut-offs and bypasses.



• There was further discussion of the additional asphalt required. Mr. Linden said that easternmost portion of the street was paved and sewer work was required. When it was divided into two phases, the asphalt work was not replaced in the plans.



• Mr. Mylen asked for Mr. Thomas's opinion of the impact of this ordinance. The Finance Director agreed with Mr. Furry's assessment of negative. He said that an appropriation measure will be presented to accommodate this expenditure at another time.

Vote: Hunt - aye Shepherd - aye Mylen - aye

Furry - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 30-10 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE REPLACEMENT SERVERS FOR THE ROCKY RIVER MUNICIPAL COURT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM OPEN SYSTEMS OF CLEVELAND, INC. AT A TOTAL COST NOT TO EXCEED $69,981.93

1^ST READING

Mr. Mylen indicated that this ordinance will authorize improvements in the Court's computer system as discussed last week at the meeting of the Committee-of-the-Whole. He noted that the ordinance should be passed quickly so that in the event of further breakdown, no further expenses will be incurred for repairs. Nine servers will be replaced with four which feature new technology.

ORDINANCE NO. 31-10 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE VIDEO ARRAIGNMENT UPGRADE FOR THE ROCKY RIVER MUNICIPAL COURT UNDER THE STATE COOPERATIVE PURCHASING ACT FROM COURTSMART DIGITAL SYSTEMS, INC. AT A TOTAL COST NOT TO EXCEED $62,149.00

1^ST READING

Mr. Mylen noted that this ordinance will authorize the video arraignment upgrade which will be fully integrated with the audio system. Early passage will avoid any repair costs in the event of further breakdown.

ORDINANCE NO. 32-10 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO AN AGREEMENT WITH THE ILLUMINATING COMPANY FOR RELOCATION OF SERVICE FACILITIES NECESSARY TO PROCEED WITH THE VALLEY VIEW SEWER PROJECT AT A COST NOT TO EXCEED $33,911.76

1^ST READING

Mr. Shepherd indicated that this ordinance was discussed in depth last week. Excavations for the Valley View sewer line must be must go through wires, once thought to be secondary, but discovered to be primary and therefore necessitating their repositioning. The price was negotiated by the Safety-Service Director. The ordinance is important for the project and should be passed without delay.

ORDINANCE NO. 33-10 BY JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO AN AGREEMENT WITH URS CORPORATION-OHIO FOR SERVICES REGARDING THE CITY OF ROCKY RIVER'S SANITARY SEWER EVALUATION SURVEY (SSES) AS FURTHER DESCRIBED IN EXHIBIT "A" AT A COST NOT TO EXCEED $93,218.00

1^ST READING

Mr. Shepherd observed that once more, this was discussed at length at the last meeting. The SSES must be filed under EPA regulations, and there are time constraints. The ordinance authorizes the collection of necessary data with flow monitors and other equipment throughout the system. Because it is a professional services contract, it is not subject to bid requirements, but when the original contract was signed, four proposals were received, and URS submitted the lowest and best. This contract will be fulfilled with the same rates as in that proposal. To be valid, the data requires sufficient rainfall during a 90-day period. Because of their past experience with the City, the Safety-Service Director feels that an extension is not out of the question.

Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that Ordinance No. 30-10, 31-10, 32-10 and 33-10 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 Schieda - aye Moran - aye

6 ayes 0 nays PASSED

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

Vote: Hunt - aye Shepherd - aye Mylen - aye

Furry - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Moran announced that Council will convene in Council Chambers at 7:30 p.m before the meeting.

• The Mayor explained that on May 17, 2009, there was a very serious accident on I-90 in Rocky River. A car hit the median at a high rate of speed and several persons in the car were severely injured. A 7-year old needed to be lifeflighted to Metro with many injuries but thanks to work by the Lakewood Fire Department and Shift B of the Rocky River Fire Division, her life was saved.

Last Thursday, MetroHealth Medical Center held its annual awards program and

recognized the heroics of these first responders. The Mayor said that in doing so, they

highlighted the fact that heroics happen every day in many communities. Members of Shift B received a medical service award, and the child who was helped attended to thank her rescuers.

This shift will be working on June 7, and Council will go to the Fire Station to honor and thank them.

Mr. Moran reminded everyone that the Relay for Life will open this Saturday at 10:00 for this major fundraiser.

AUDIENCE PARTICIPATION:

Mr. Bracken thanked the Administration and Council for their thoughtful and thorough discussions of the Court's ordinances. Their passage will insure the upgrading of their system.

As there was no further business by members of Council, the meeting was adjourned at 8:47 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council