CITY OF ROCKY RIVER

JANUARY 14, 2008

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. Mylen, Mr. Furry, Ms. Arabian,

Mr. Long, Mr. Moran

Absent: Mr. Shepherd

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

Law Director: Mr. Bemer; Assistant Law Director: Mr. O'Shea

Press: Mr. Saylor

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 Special Meeting of January 7 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Long, that the reading of the minutes of the Legislative Meeting of December 17 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Mylen - abstain Furry - abstain

Arabian - abstain Long - aye Moran - aye

3 ayes 0 nays 3 abstentions PASSED

MAYOR'S REPORT:

The architect and the contractor continue to evaluate the condensation problems at the Don Umerley Civic Center, exchanging correspondence with material suppliers. The Mayor answered a question which has been posed, as to the composition of the condensation, particularly in the pool. It has been analyzed and the Mayor was pleased to report that it contains no toxic elements. Additional evaluation continues, and when remediation methods are determined, she will report to Council.

Regarding the Sewer Maintenance and Rehabilitation Plan, the Mayor reported that three projects are currently moving ahead.

• Elmwood Road. Safety-Service Director Linden and City Engineer Michael Mackay have begun initial assessments of the Elmwood sewer. Within two or three months, ordinances will be presented for those repairs.
• Wooster Road. This project will also go forward as the Cleveland Metroparks have approved the extension of a sewer line which abuts the park between the Wellness Center and the church. This project will start shortly.
• Valley View Sewer. A letter has been received from the District One Public Works Integrating Committee (DOPWIC), confirming their recommendation of a $3 million zero interest loan for this project. The City has accepted, and the application will now go to Columbus for evaluation. The Mayor anticipates, however, that the funding will be received. Mackay Engineering has been conducting preliminary studies, and a letter has been sent to residents of the area so that they are aware of the process. If Council members should receive questions, the Administration will be happy to respond.

Recent appointments made by the Mayor:

Civil Service Commission: Michelle Sheehan and Chris Klym will join Mark Bennett

who has returned following a short absence.

Architectural Review Board: Jim Larsen, a local architect, has worked in and

around the community.

Parks and Recreation Commission: Dr. James Ulchaker will be reappointed by the

Mayor. The School Board has also notified the City that Kathleen Goepfert will

be its appointee. A meeting has been scheduled for this Wednesday.

Two positions as alternates for the Planning Commission remain to be appointed, and the

Mayor noted that she will be receiving letters of interest and resumes for the Audit Committee.

Mayor Bobst also alerted Council that in the near future, a Charter Review Commission will be seated, as their work needs to be completed sometime in May. Their recommendations will be forwarded to Council and then to the Board of Elections for the ballot. There will be nine appointments to this Commission.

Next week, Economic and Community Development Director Kory Koran will join Council, and the Mayor noted that he will report on several issues: the update to the Development Code (Ordinance No. 2-08); the Heritage Home Loan Program; updates concerning Beachcliff Market Square and changes to Rockport Shopping Center. He will also update Council on various commercial and residential projects around the City. The Detroit Road Streetscape Project with Paul Volpe has been initiated and later this month, the first stakeholders' meeting will be held to begin the process.

In another project, the Administration is trying to identify businesses along the Center Ridge corridor, specifically east of Wagar Rd. The Mayor expressed a wish to develop a working group to evaluate the vacancy issue in commercial areas, particularly office buildings. The process is begun by identifying tenants of the buildings and the work they do. This can assist in identifying clustering that may be taking place in terms of like businesses, complementary businesses and their related technology needs. The project is in its infancy, but the Mayor wished to alert Council that the Administration is moving in that direction.

Mr. Koran will also provide information about establishing two districts for the National Historic Register, the Old Detroit area and Tangletown, whose eligibility was identified by the County. To that end, the Administration will meet with an expert who assists communities in establishing the districts. The Mayor noted that the timing was perfect, as it coincides with the updating of the Development Code. She further noted that the designation does not control any development in the district, architecturally or otherwise.

A generous $600 donation has been received from the Rocky River 5K Charity Challenge which raised the funds last summer. The organizers have asked that the funds be applied to the Senior Transportation Program. Mr. Moran mentioned that a $600 check also went to the PTA Scholarship Fund and the Meals on Wheels program.

City Income Tax forms have been sent and are also available on line at the CCA website, or at City Hall.

The Hamilton Ice Rink has been very well-attended over the holidays with over 550 participants attending the New Year's Eve Skate sponsored by Community Challenge. The Mayor noted that this has become a wonderful tradition on New Year's Eve. The following Friday Night Skate had 270 participants and tonight, the Lake Erie Monsters practiced at the rink and were gracious enough to stay for a "Skate with the Monsters" event.

The Mayor was then pleased to discuss a project which has been under way for a long time, the File of Life, now being disseminated through the Senior Center, EMS and the Fire Department. It consists of a magnetized pocket to be hung on the refrigerator door which contains a pre-printed form with emergency medical information on the residents of the home. In an emergency, salient medical information would be available for those unable to speak for themselves including contact information, medications and medical information. The Mayor asked that these be taken to residents' physicians for regular updating. This could be critical information for a first responder. The Mayor explained the genesis of the project which was initiated at the high school and completed through the cooperation of area senior centers, fire departments and Fairview Hospital. She expressed appreciation to Shari Caruso a teacher at the high school for this valuable suggestion.

Because of the oversight last week following the inauguration of new Council members, a group photo will be taken next week.

Finally, the Mayor requested an Executive Session under Article X, Section 6, Subsection (3) of the Charter of the City of Rocky River to discuss a pending legal matter.

Discussion: Mr. Moran asked if the File of Life will be distributed throughout the community and to seniors who may be unable to attend meetings. The Mayor confirmed that they are now available at the Senior Center and through EMS. Other means of distribution are being considered including through high school students and other civic organizations.

MOTION:

Moved by Mr. Moran, seconded by Mr. Hunt and Mr. Furry, that, at the request of the Mayor, an Executive Session be held immediately following the Legislative Meeting to discuss with the Law Director a matter of pending or imminent court action under Article X, Section 6, Subsection (3) of the Charter.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

LAW DIRECTOR'S REPORT:

Mr. Bemer reported on two pending matters of litigation begun in 2007.

• The first was a public nuisance suit against the Veterans' Administration and Countrywide concerning the house at the corner of Bonnie Bank and Wooster. There has been a sale of the property and the new owner has taken occupancy. He is in the process of renovating the structure and has given the City a guarantee that it will be habitable within 90 days. The litigation has been terminated; the dismissal has been filed, but not with prejudice so there is an opportunity to reopen the case if the house renovation is not completed. The situation will be monitored.



• The second matter is the dispute with the City of Lakewood over its dog park. A decision was made late in 2007 concerning the issue of whether the dog park was a governmental or proprietary interest operated by the City of Lakewood and the impact of governmental immunity on that decision. The trial court made a ruling against the City of Rocky River and dismissed the case. This will be discussed with Council.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran thanked Council member Anjanette Arabian for volunteering to be the Council representative for the Community Challenge Coalition for Asset Development.

Because the City will observe Martin Luther King Jr. Day next Monday, the Council meeting will be held on Tuesday at 8:00 p.m.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 95-07 BY FRANK B. GOLLINGER/THOMAS T. LONG

AN EMERGENCY ORDINANCE CHANGING CHAPTER 1163 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING PROJECTING SIGNS AND TEMPORARY BUSINESS SIGNS, BY AMENDING SECTIONS 1163.01, 1163.04, 1163.05, 1163.06 1163.09, AND 1163.11 AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

3^RD READING

Moved by Mr. Long, seconded by Mr. Hunt that Ordinance No. 95-07 be passed as read:

Discussion: Mr. Long noted that this ordinance has been under discussion for some time and has been recommended with approved minutes by the Planning Commission. Ms. Arabian commented that as a former member of the Planning Commission, she was involved in the language revisions. She complimented Mr. Bemer's revisions and observed that the result has been positive for the ordinance as it is currently written.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian - abstain Long - aye Moran - aye

5 ayes 0 nays 1 abstention PASSED

Mr. Bemer noted that since Ms. Arabian voted as a Planning Commission member to send this matter to Council, her abstention would be more appropriate.

AMENDED ORDINANCE NO. 100-07 BY JAMES W. MORAN

AN ORDINANCE TO AMEND PART NINE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, OHIO TO INCLUDE A NEW CHAPTER 913 TITLED RIGHTS OF WAY ADMINISTRATION

Mr. Moran indicated that Mr. Shepherd, as Chairman of the Safety Committee, will assume sponsorship of this ordinance upon his return.

ORDINANCE NO. 116-07 BY FRANK B. GOLLINGER/THOMAS T. LONG

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 304-09-005 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL

(1F-R1) TO PUBLIC FACILITY (PF) IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Long indicated that this ordinance will be held for further discussion at next week's meeting of the Committee-of-the-Whole.

ORDINANCE NO 2-08 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH D.B. HARTT, INC. FOR PROFESSIONAL SERVICES REGARDING A REVIEW OF THE CITY'S DEVELOPMENT CODE, CODIFIED ORDINANCE CHAPTERS 1101 THROUGH 1183, IN AN AMOUNT NOT TO EXCEED $69,800.00

1^ST READING

Mr. Long announced that this ordinance also will be discussed at next week's meeting..

ORDINANCE NO. 3-08 BY THOMAS T. LONG

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO CONTINUE THE HERITAGE HOME LOAN PROGRAM AGREEMENT AND AUTHORIZING THE PAYMENT OF AN ADMINISTRATIVE FEE OF $5,600.00

1^ST READING

Mr. Long said that once again, this matter will be discussed at next week's meeting.

ORDINANCE NO. 4-08 BY THOMAS J. HUNT

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 THE SUM OF $43,500.00 AND DECLARING AN EMERGENCY

1^ST READING

Mr. Hunt indicated that this ordinance will be discussed next week. If any member of Council is interested in the entire allocation request, he is urged to request it of Mr. Hunt.

ORDINANCE NO. 5-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE TWO (2) 2008 - 7400 SBA 4 X 2 TRUCK CHASSIS FOR THE SERVICE DIVISION UNDER THE OHIO DEPARTMENT OF TRANSPORTATION'S COOPERATIVE PURCHASING PROGRAM FROM INTERNATIONAL TRUCK AND ENGINE CORPORATION AT A COST NOT TO EXCEED $123,984.00

1^ST READING

Mr. Mylen noted that any questions can be addressed by Mr. Linden. The Safety-Service Director explained that these two vehicles are part of the five-year budget plan for vehicle replacement. These are both 1996 models. The purchasing contract has been extended by ODOT for an additional 90 days. By ordering before the expiration of that period on February 29, the City will save approximately $6000 on each unit. Mr. Linden asked for passage as quickly as possible so the City can be placed on the list to purchase these vehicles at a savings. Further discussions, if necessary, will be held next week.

ORDINANCE NO. 6-08 BY MICHAEL W. MYLEN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE TWO (2) 2008 TRUCK BODIES WITH SNOW PLOW PACKAGES FOR THE SERVICE DIVISION UNDER THE STATE'S COOPERATIVE PURCHASING PROGRAM FROM CONCORD ROAD EQUIPMENT MANUFACTURING, INC. AT A COST NOT TO EXCEED $79,965.04

1^ST READING

Mr. Mylen observed that these two packages are related to the preceding ordinance. Both can be discussed at next week's meeting of the Committee-of-the-Whole.

ORDINANCE NO. 7-08 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

1^ST READING

Mr. Moran explained that this ordinance concerns the 109 homes that, because of their location, send their wastewater to the Lakewood WWTP. Lakewood bills Rocky River directly and this ordinance authorizes payment of their bill.

ORDINANCE NO. 8-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CITY OF CLEVELAND, DIVISION OF WATER FOR WATER METER READINGS AND FIRE HYDRANT WATER USED OR NEEDED BY THE CITY OF ROCKY RIVER IN THE TOTAL AMOUNT OF $54,533.27

1^ST READING

Mr. Moran turned to Finance Director Thomas to enlarge upon this ordinance and the two billings included. Mr. Thomas acknowledged that the water meter readings are the basis of the City's sewer billing and that is rightfully charged to the Sanitary Sewer Fund. Responding to a question from Mr. Moran, he noted that there has been no increase from last year and the amount is the same except for the number of accounts.

ORDINANCE NO. 9-08 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE CREATION AND FUNDING OF THE SEWER REHABILITATION FUND, A CAPITAL PROJECTS FUND OF THE CITY OF ROCKY RIVER

1^ST READING

Mr. Moran explained that this ordinance directs the increase of $25 per quarter per account to a fund to be used to repair sewers. The monies collected on the sewer bills will go directly to this fund to be used only for sewer projects. The Mayor noted that it can also provide leverage for other sources of income from outside the City as well. Mr. Moran added that those who have felt the effects of sewer problems will welcome this investment. More discussion will be held next week.

MISCELLANEOUS BUSINESS:

Mr. Hunt reported that on December 19, he had the opportunity to attend the meeting of the Parks and Recreation Commission in Councilmember Bartolozzi's stead. For Council's information, he mentioned some highlights of the meeting: amended Civic Center fees, specifically the proposal of a four-month college membership for the summer months at $75. The Wellness Program which would provide incentives for full-time employees to use the Civic Center exercise facilities, was also discussed.

• Mayor Bobst observed that the Administration is currently drafting this legislation on the recommendation of the Recreation Commission. This program has been developed in an effort to address escalating health care costs and providing quality health insurance and may secure long-term benefits. Employees will pay full membership fees for use of the Civic Center, but if they participate regularly in exercises, classes and screenings, they would be eligible to reduce the amount they pay toward their membership renewals.

Mr. Hunt added that Director Patterson was still pleased with the consistent sales of memberships which continues at 20 to 30 per day, currently totaling more that 4000.

Responding to Mr. Bemer, the Mayor explained that Council members would not be a part of this program as they are not covered by the City's health insurance policy. She expressed appreciation for the efforts of the Recreation Commission and the patience of residents. There have been numerous requests for specialty memberships. The Administration has attempted to address those requests, but it has asked residents to be patient so that the Center can be initiated and address the aggregate needs.

Mr. Moran urged those who have not yet seen, toured or joined the facility to do so. He said that it is not too late to join, to utilize and keep healthier.

AUDIENCE PARTICIPATION:

Patrick Ginnetti, 19761 Riverview Avenue, raised questions regarding the library's electronic sign. He asked if there has been any further discussion. He said that he and the other residents of Riverview Avenue feel that they have been ignored.

• The Mayor responded that the City asked the library to engage in a process for reviewing the sign, even though they were not required by Code to do so. At the time, the library indicated that it had initiated a process with surrounding residents regarding the sign. The City asked for a formal step beyond their informing their neighbors about the type, architecture, placement, etc, and they assented.

Mr. Ginnetti indicated that a petition circulated before the BZA hearing was not presented at that time, and he had circulated a second petition with signatures of 30 residents with a direct sight line who have indicated they do not want the sign. He submitted the petition to Mr. Mylen.

• The Mayor reiterated that the library was not required to go through the variance process, but did so at the request of the City so that the City could see the electronic sign plans. The remaining question is whether the sign was placed in accordance with the plans submitted to the BZA.

Mr. Ginnetti stated his opinion that this sign does not meet Code requirements and read Chapter 1163.06, which he said prohibits illuminated signs for public facilities or in residential districts.

• Mr. Bemer indicated that he had discussed the matter with Commissioner Beirne who said that it met requirements as to location, size etc. The BZA hearing was held because of the questions and concerns of the residents on Riverview. He recalled that the major concern of residents was that it not be similar to the sign at the high school which many people feel is too loud. The concern was that it not be a scrolling sign, flashing, or with pop-ups and that it not be running when the library was closed.



• The Mayor asked about specific objections. Mr. Ginnetti described it as an eyesore and said residents objected to the color, size and location.



• The Mayor pledged to review the minutes to see the terms of agreement and to be certain that the placement was as agreed. She further said that she would review the Code section with the Law Director and the Commissioner and will then respond to him.

Fred I. Sokol, 20021 Parkview Avenue, referred to an article in the Plain Dealer about the financial difficulties of the River Oaks Athletic Club. The article cited competition from the City's recreation facility as a factor in those difficulties. Mr. Sokol criticized Council for placing the issue on the ballot which was approved by Rocky River voters and resulted in the building of the facility. He noted that River Oaks reportedly pays up to $95,000 per year in taxes and urged the Mayor, Council, Economic Development Director and Superintendent of Schools to meet with River Oaks and agree to an equitable tax cut or tax moratorium.

• Mr. Moran noted that it appears that River Oaks has received some additional funding and will continue to be in business.
• Mr. Bemer explained that one issue is a lease renewal in April for the Club. In addition, the primary purpose of River Oaks is as a racquet club for handball, tennis and racquetball which are not provided at the Don Umerley Civic Center.

As there was no further business by members of Council, members adjourned to the Executive Session at 8:59 p.m. Mr. Moran announced that there would be no further discussion following the Executive Session.

The meeting was adjourned at 9:35 p.m. following the Executive Session.

_____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council