CITY OF ROCKY RIVER

JANUARY 5, 2009

The Committee-of-the-Whole was called to order by Mr. Moran, President of Council, at 6:02 p.m.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Mylen, Mr. Furry,

Mrs. Arabian Whitman, Mr. Long, Mr. Moran

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Press: Ms. Pritchard

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The Mayor was pleased to report that the City has received official notification from the District One Public Works Integrating Committee (DOPWIC) that the Valley View Sewer Project has been recommended for funding at the level of $3,786,720.

The Post Office has evaluated its collection boxes and has notified the City that the outside box at the southwest corner of the Rocky River Brewing Company (on the north side of the street next to the Executive Club) will be removed. During their monitoring of the box, the largest number of pieces was seven on one day and there were usually one or two. A notice will be placed on the box indicating the nearest collection box.

Leaf collection continues, weather permitting. Council members are welcome to call City Hall if residents still need pickups.

The Senior Center Open House last week was very successful with over 200 attendees. This Thursday at 7:00 p.m., the Center will host the Historical Society in celebration of the library's 80^th anniversary. Presentations will be heard from Library Director John Lonsak and from Carol Jacobs.

The New Year's Eve Skate was attended by over 300 at the ice rink. The Mayor also mentioned that the Zamboni, purchased many months ago, has been received and was on the ice this morning.

The Mayor also presented recent recreation figures:

Public skating sessions, Dec. 19 - Jan. 4: 4,026 with a high of 607 on Jan 2.

Member log-in and admission at the Civic Center, Dec. 20 - Jan 4: 7,519, with 893 on Jan 2.

Memberships sold from Dec. 20 - Jan. 4: 200 packages representing 485 members.

(51 were new packages, with 87 new members).

This year's Resident's Reference has just been received and will be in mailboxes this week. This publication was produced with Cleveland Magazine and will replace the 5½ x 8½ format of the last few years. Pages with resident information are marked with blue-green on the edges for easy reference. The Mayor pointed out that the cost savings in the production of this book were between $14,000 and $16,000, not including additional staff time. Also included in this year's guide are articles about residents and the work they do for the community.

Discussion: Mr. Moran added that the letter from the post office indicated that in the future, an opportunity for discussion may be available before final decisions to remove boxes are made.

UNFINISHED BUSINESS:

Ordinance No. 94-08: This ordinance would authorize an easement on City property for AT&T. Mr. Hunt indicated that the legislation has been pending for some time, and prior to Council's last meeting in December, a letter was received from AT&T. Mr. Hunt called for discussion from members about their response to this letter which expressed a sentiment that the provision of a fiber network for City use, as requested, is in excess of what AT&T typically pays, if anything, for the expansion of an existing easement.

• •Mr. Furry said that, in view of economic times, the City should be proactive and not reactive. He said that perhaps a charge of $20,000 would be appropriate for each easement requested.

Mr. Hunt agreed that there is some value in an easement, but that the amount is unclear.

• •Mayor Bobst said that she understood and appreciated Councilman Furry's remarks, but noted that AT&T may say that it could build structures in the public right-of-way which would be large and intrusive. They would hope, however, for an easement so that their structures would be out of the way. She noted that following Council's last meeting, she asked Commissioner Beirne to contact AT&T once more to check on the status and whether there was a further response, but no word has been received.



• •Mr. Long asked if this is a final position on the part of the company.



• •Mr. Bemer indicated that he will try to reach Mr. Friederichs at the corporate office and discuss the situation. As the Mayor said, the equipment could be moved 10' south in the right-of-way. At that point, they could go through the Planning Commission. Responding to a question from Mr. Furry, Mr. Bemer said that, according to legislation recently passed, the City could require what was done after the fact on Bonnie Bank, including

screening and landscaping. The City also has restrictions regarding the process and safety requirements.

• •The Mayor noted that the City has requested that AT&T seek private easements to place the boxes so they are not obstructions and esthetically displeasing to residents. This location is on the campus and will be visible to everyone who uses the driveway. The company has made attempts, and many locations already in operation are in private easements.



• •Mr. Shepherd asked if AT&T has made any offer for granting of the easements. Mr. Bemer said they have not. Mr. Shepherd suggested that AT&T be asked to make what they consider a fair offer for the easements which could be the basis for discussion.



• •Mr. Bemer said there has been no communication between the City and the corporate headquarters. Information has been obtained from AT&T's local offices. He felt that as a corporate entity, they may be interested in good public relations, so hopefully something reasonable can be worked out.



• • Mr. Moran commented that this could be an opportunity for discussion and negotiation, working with them as corporate partners.

Mr. Hunt reminded Council members that residents still wish to see competition in video providers, having been reminded by constituent correspondence over the weekend. He agreed with Councilman Shepherd and asked the Law Director to contact AT&T, assuring them that Council would like to move forward.

Ordinance No. 103-08: This ordinance authorizes two easements for AT&T. Mr. Hunt said that it is similar to Ordinance No. 94-08 above. When responses are received, he will move forward for resolution of both ordinances.

Ordinance No. 128-08: This is a rezoning ordinance for a warehouse that straddles Allen Court, close to Linda Street by the railroad tracks which has been recommended by the Planning Commission. Mr. Long indicated that following approval of minutes at their next meeting on January 20, he will schedule a public hearing so the process can move forward.

Ordinance No. 142-08: Mr. Hunt said that this ordinance, which authorizes the 2009 Sewer Televising Program, is approved annually to further the rehabilitation of the City's aging infrastructure. AKE Environmental has been recommended. He further noted that $100,000 has been appropriated in the budget for this purpose.

• •Mr. Linden added that the entire amount may not be spent. This year's program will include televising Elmwood Park. Further televising may be done during street repaving when problems arise and a camera can clarify the situation.

• •Mrs. Arabian Whitman asked who had the contract last year. Mr. Linden said it was AAA Pipe Cleaning, but AKE has also been used before with good results.

Ordinance No. 143-08:   Mr. Hunt noted that this ordinance authorizes the emergency repair of storm and sanitary sewers, up to $100,000. This amount has also been appropriated for 2009. Mr. Hunt confirmed that these repairs are made when projects are undertaken, such as paving, and problems arise. He said that approximately $77,000 had been spent last year.

• •Mr. Linden said that the program began in 1994 and there were years when nothing was spent, but it can be necessary in an emergency.

MISCELLANEOUS BUSINESS:

Mr. Moran raised the issue of applications for two liquor permits which were distributed this week, one new and one to be transferred.

• •Mr. Bemer indicated that the transfer is from the owner of Buffalo Wild Wings to the new owner of the property, Rocky's River Pour House. Because BW3 moved into Fairview Park, it could not take its license to the new location. Mr. Bemer has been in touch with the new proprietor which has an interim management agreement pending the transfer of the liquor license. Decision will be deferred until next week's report from the Police Division.



• •The second is a new application from Sweet Melissa's. Council members will recall that these proprietors have desired to provide alcoholic beverages with their dinner service and have been interested in the license, currently on hold, owned by Max's Deli. This has been scheduled for administrative review by the legal department of the Division of Liquor Control, but a hearing date to determine if the permit should be vacated has not yet been set. In the meantime, the owners noted that a license is available for the D1 and D2 classifications which will allow beer and wine on the premises or carryout by container. He is also requesting a Sunday sales permit. Originally, he was looking for a D5 license which would allow complete alcohol service.

Mr. Moran noted that discussions have been held regarding Sweet Melissa's. Mr. Bemer noted that Mayor Bobst had raised the issue of Sunday sales and whether it is permitted in that precinct.

• •Mr. Shepherd commented that for Councilmanic approval, this is probably not an issue. Applications are forwarded to the Board of Elections which will check to be certain that the address was in the precinct when the vote occurred. Any discrepancy would be caught by the Board of Elections and the Ohio Division of Liquor Control.



• •Mr. Bemer agreed, saying that Council role is to object if there are grounds, or not object.

There was consensus that Sweet Melissa's new application be returned without objection. The second application will be discussed next week.

COMMITTEE REPORTS: NONE

NEW BUSINESS: NONE

As there was no further business by members of Council, the meeting was adjourned at 6:35 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council