CITY OF ROCKY RIVER

JANUARY 2, 2007

The Committee-of-the-Whole was called to order by Mr. Hagan, President of Council, at 8:00 p.m.

Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,

Mrs. Bartolozzi, Mr. Long, Mr. Hagan

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Press: Mr. Saylor

The meeting was opened with the Pledge of Allegiance. Mr. Hagan announced that next week's meeting will be held at the Umerley Civic Center.

MAYOR'S REPORT:

Tomorrow morning the Mayor will meet with Ted Blank, the interim Superintendent of Schools. They have been meeting every other month, and tomorrow's meeting concerns the Lake Road improvements and the needs of Kensington School in connection with those improvements. Last week, the City received information from the Ohio Department of Transportation on its program, "Safe Routes to Schools" which has earmarked an initial grant amount of $3 million for 2007 and an additional $5 million through 2009. This is a 100% federally funded program which requires no matching funds, and which can include infrastructure improvements, bicycle trails, pedestrian crosswalks and more. The Administration will explore a joint application with the Board of Education to benefit both.

The Senior Center has sent a thank you letter to the students of Goldwood Primary School thanking them for the many handmade cards sent to seniors in the community through the Senior Center. This was a wonderful gesture on the part of the school which houses the youngest members of the school community.

Over the weekend, 450 to 500 residents attended the New Year's Eve celebration sponsored by Community Challenge. In addition to music by a disc jockey, there were prizes and family fun. Community Challenge has undertaken this ambitious project, working with the Recreation Department, and enlarged the most successful event every year.

In development news, Remax is opening at Beach Cliff Market Square, and Georgio's is taking over the space vacated by Zeppe's.

The Mayor expressed the City's thanks to Mr. and Mrs. John Brewer who have donated an Airstream trailer to the Community Emergency Response Team (CERT) program. The trailer can be transported to become a central command station to coordinate responses in an emergency.

The free tree lawn planting program is enjoying great success. Orders have been placed for 179 trees at a cost of about $180 per tree or approximately $3200 in total costs. The Mayor commented that the program would not have been successful without the hard work of Mrs. Costello and Director Linden. She also acknowledged generous donations from residents to the project which have enabled the City to purchase more trees for more streets.

• •Mrs. Bartolozzi asked if, in the "Safe Routes to Schools" project, any railroad improvements are possible, since many children may cross the tracks at certain times of day to go to school or after-school activities. The Mayor responded that pedestrian safety at crossings has been discussed, as in the route to Elmwood Park, and she will keep it in mind in further discussions.



• •Mrs. Bartolozzi then asked if the grant application to Homeland Security for generators on the City Hall campus is moving forward. The Mayor indicated that at a meeting this morning to review rules in preparation for the submission of a letter of intent, it was discovered that generators are among the list of ineligible purchases under this grant. However, the Mayor is hopeful that by approaching the project as a regional command center, the application can go forward. Mr. Koran is investigating to see whether this project will qualify under the rules. Mr. Delzani and Mr. Linden are also working on the submission which is due January 19.

UNFINISHED BUSINESS:

Ordinance No. 157-06: Mr. Moran explained that this ordinance would eliminate the codification of the jail food cost.

• •Mr. Bemer noted that the form of this change to the Code should be revised in Exhibit "A" eliminating the renumbering of Code sections and repealing the section rather than deleting it. The title would remain with the text deleted and a note that it has been repealed by ordinance and the date.



• •Mr. Hagan indicated that a revised ordinance and exhibit will be presented next week and confirmed with Mr. Moran that he is anticipating passage.

MISCELLANEOUS BUSINESS:

City of Cleveland Water Service Agreement: The Mayor circulated copies of a set of documents presented to the City by the City of Cleveland. These three documents, the Water Service Agreement, the Asset Transfer Agreement and the Joint Economic Development Zone Agreement detail involvements on a number of matters. In speaking to other mayors, she has found that cities are proceeding cautiously, taking time to have their questions answered before proceeding. She recommended that Council respond to the invitation of the Water Department and invite the commissioner to make a presentation to Council and answer questions on any aspect of the agreements that Council members may have.

Past efforts to have a voice in rates, lines, etc. resulted in the formation of the Suburban Water Council. This new agreement will result in the transfer of assets, i.e. water lines, to Cleveland. These agreements require very serious consideration as they also include a tax sharing provision. The Mayor has asked the Law Director, the Finance Director and the Director of Economic and Community Development to review the documents and detail issues and recommendations.

• •Mrs. Bartolozzi asked if the $10 million being set aside for renovation of the system includes water lines in Cleveland, or if it is earmarked for the suburban systems. The Mayor said that she believes it is for systems outside Cleveland, but that point may need clarification. The total sum is $50 million to be spent over five years which will mean an average of $10 million per year. The City of Cleveland would like to begin prioritizing water projects by February 1. If Rocky River were to enter into this agreement, the Lake Road project should be submitted if it needs to be relined, a concern for 2008. Should the City decline participation, Cleveland would repair lines when needed, but any replacements would be the responsibility of our City.



• •Mr. Gollinger expressed concerns that any renovations needed would be determined by the City of Cleveland and their decisions are indisputable. He said that it is difficult to believe that suburban mayors will not seek to have a voice in the selection of projects.



• •Mayor Bobst pointed out that all cities will pay the new water rates, but those who do not sign the agreement will have no reconstruction services on their water lines. It is believed that signing the agreement also will not prevent our City from replacing water lines if we so choose, but Cleveland will not do so unless it sees the project as a priority.



• •Mrs. Bartolozzi noted that Mr. Mackay's letter indicated that Rocky River had spent $170,000 to clean and reline water mains on two streets, Westover and Lakeview. She wondered if these figures are typical of the cost. He also noted that in Rocky River, 64% of the mains are 50 years or older and more than 61% are 75 years or older. She wondered how those figures would compare with other cities. The Mayor pointed out that priorities in projects may be driven by ODOT construction which occurs at the same time. ODOT projects would probably be preferred to local projects, since they are typically the larger. Mr. Gollinger pointed out that $50 million sound like a large sum, but it is a very large area to cover. He also pointed out that only a short portion of Lakeview was relined, from Riverview to Detroit.



• •Mr. Long wondered what happens when the $50 million is expended and whether projects will slow. The Mayor advised that all that was said was that an expenditure of $50 million will be made over 5 years.

• •Mr. Moran asked if, in their planning, the City of Cleveland has anticipated who will sign the agreement. The Mayor said that because of increases, they do know that whether or not cities enter into agreement, they will be part of the new rate structure. Cleveland has been working with the Suburban Water Council and the Mayors and Managers Association. The Mayor also noted that 90% of water lines in the City belong to us, and currently, we are responsible for their replacement.



• •Mr. Hagan indicated that in their study of the documents, Council members should pay special attention to Sections 6 and 7 of the Joint Economic Development Zone Agreement. These provisions would limit the use of tax abatement and provide for income tax sharing. These are development tools which have not been used in our City. He urged Council members to study the agreements carefully, as the City will pay increased rates whether or not it participates.



• •Mr. Bemer also noted that Article 23 contains conditions for termination of the agreement, including the minimum term, 15 years, and reimbursement for capital improvements if the water lines are returned to the municipality.

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 1-07: Mr. Hurtuk explained that at one time, the state auditors assisted the Finance Director in preparing trial balances for the Comprehensive Annual Financial Report (CAFR). Since they are no longer available, this ordinance authorizes the hiring of another firm for these necessary services.

Applications for Liquor Licenses: Mr. Hagan noted that Council has received two applications for liquor licenses.

The first, from Hilliard Shell requires that a response be made by January 16. Mr. Hagan noted that in the past, Council and the Administration have requested hearings and the City has argued that permits should not be issued for alcohol sales at gas stations. The last attempt ended in litigation won by the applicant. Mr. Hagan posed the question: should Council be consistent and follow the same path. The City did all it could on Lake Road, but should it continue its efforts to control the sale of alcohol at gas stations. Selling alcohol at this station which is located close to I-90 will attract traffic for quick purchases.

• •Mrs. Bartolozzi asked about a law which prohibits sales close to a school, noting that the Chaperon Rouge daycare and school is across the street. She wondered if this could play a role.



• •Mr. Moran said he believes that Council should take a strong and consistent stand in opposition to alcohol sales at gas stations.
• •Mr. Hagan summarized the liquor permits available for Rocky River, noting that permits are available in C1 and C2.

The second application was submitted by A & L Restaurants, dba Beachcliff Tavern. Mr. Hagan noted that there could be a change in that application, but their attorney is out of town. There is a concern because one of the named officers is involved in a police investigation which is pending. The application must be returned by January 22.

In the discussion which followed, it was decided that Council would request a hearing on the first application, and postpone a decision on the second until further information is received and disseminated.

Mr. Gollinger then raised two additional matters of new business:

For the last election, a change in polling locations was made because of construction at the library. There has been no negative feedback of difficulties on that day, so Mr. Gollinger indicated that he would like to discuss making that change permanent. The issue with the library location is the continuous traffic problem and lack of parking. Further, in the afternoon, many students frequent the library. Mayor Bobst offered to speak to the Board of Elections to confirm their procedure.

The second issue is the new bike lane on Hilliard in Westlake. Mr. Gollinger suggested a resolution requesting signage which notifies riders that the bike lane is ending as it enters Rocky River. He hoped that a formal resolution would encourage Westlake to post the necessary signage. The Mayor will speak to Westlake about the possibility of adding such signage.

Mr. Hagan reminded the audience and Council members that the next meeting will be on Tuesday, January 9 at 8:00 p.m. at the Umerley Civic Center.

As there was no further business by members of Council, the meeting was adjourned at 8:52 p.m.

________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council