CITY OF ROCKY RIVER

MARCH 5, 2007

The Committee-of-the-Whole was called to order by Mr. Hagan, President of Council, at 8:15 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: Mrs. Mackenzie, Mr. Saylor

MAYOR'S REPORT:

Last week, an ice jam was noted on the river north of the marina in the Metroparks. For the last

1½ weeks, Mr. Linden has been monitoring the river level with the Police Department and has seen ice south of the Lakewood WWTP. With the jamming of the ice, a pooling effect had been created, but the ice had moved and cleared. Under the valley bridge, there was a considerable amount of ice. To evaluate the situation, Mr. Linden communicated with the Yacht Club and Lakewood, and by noon Wednesday, the decision had been made to contact residents of the Yacht Club Basin by e-mail or phone to give them time to prepare for the potential of flooding. This was made possible by the foresight of the Safety-Service director who had obtained the contact information in advance of the emergency. Concerns increased with warming temperatures, rain and diminishing of the ice jam. On Friday, the Police Department saw levels rising and residents were again contacted. They very much appreciated being informed of developments by the City. Fortunately, conditions tempered and flooding was averted. The Mayor thanked Safety-Service Director Linden, the safety forces and the Service Department.

Earlier, the Mayor mentioned that new sewer rates had been received for charges for the 110 homes in the Valley View area whose sewers empty into the Lakewood WWTP. Last Wednesday, with Councilman Gollinger, Mr. Mackay, and Mr. Linden, the Mayor met with Lakewood officials and presented four alternatives. Lakewood has been working with the EPA and would like to see the waste water from these homes eliminated. They are considering the alternatives, and when a response is received, the Mayor will bring it to Council

Last week, representatives from Cox Communications were present at the Council meeting to answer questions. The Mayor has received an e-mail from them concerning the number of subscribers, 8032. She is waiting to hear how that number has changed from the beginning of their contract.

On Thursday, a Plain Dealer article reported on Jack Rooney, one of 50 teens selected to compete in the National Vocabulary Championship at the NYC Library this evening. Jack, a resident of Bay Village, is the valedictorian of Lutheran West High School, editor of the school paper, member of the National Honor Society and Key Club and a National Merit Scholar.

A public meeting will be held Wednesday, March 7 at the Don Umerley Civic Center to discuss the Lake Road Project and to receive public feedback. Alternatives will be discussed by the stakeholders and if modifications are made, they will be shared with residents at a subsequent public meeting.

Three water main breaks occurred recently in the City, on Morewood, Westway and E. Asplin. The City is working with the Cleveland Water Department.

On Friday, the Don Umerley Civic Center will be closed so that power can be joined to the new construction.

Tonight is the fire fighters' entrance examination, starting at 7:00 p.m. With 168 applicants, the Mayor was pleased at the level of interest.

This Friday, Community Challenge sponsors its annual Challenge Cup game. The Mayor thanked Council members who are participating, either as players or assistant coaches. She is looking forward to the victory which will keep the cup at City Hall.

The CCA will again conduct its Taxpayer Assistance Program at the Don Umerley Civic Center. Dates scheduled are: Thursdays, March 29, April 5 and April 12 and Saturdays, March 31 and April 14. Dates and times are on the City's website, www.rrcity.com.

Mayor Bobst praised the Education Foundation's annual benefit, held last Saturday. The well-attended event produced generous donations to the Education Foundation.

Discussion: Mr. Long asked if it is possible to notify Council when large numbers of residents are contacted by the City on any issue. The Mayor responded that because the City usually communicates by e-update, Council members will know of notifications. However, when special groups are notified, as with the Yacht Club Basin, she will also notify Council members.

Mr. Moran asked about the CCA tax help at the Civic Center and at the Senior Center. The Mayor explained that these were two different programs, one for seniors by appointment only for income tax preparation, the other for city income tax preparation and is on a first come, first served basis.

Mr. Hunt thanked the Mayor and Mr. Linden for their close attention to the situation in the Yacht Club Basin. Mr. Hunt visited the area on Friday after the danger was past, and found that residents who have, in the past, felt forgotten, appreciated the notifications.

UNFINISHED BUSINESS:

Ordinance No. 6-07: This ordinance would authorize the rezoning of a property on Forestview to Local Business which would enable Dollar Bank to use the property for parking and other purposes. Mr. Gollinger stated that the ordinance will continue on hold, pending action by the Planning Commission. He indicated that they will hold a public hearing as part of their meeting, and he will wait to see the results based upon their action. The ordinance has already been read twice; when it returns from the Planning Commission, a public hearing will be scheduled.

Resolution No. 10-07:   Mr. Gollinger noted that this resolution, which encourages a the seeking of federal funds for a study on the feasibility of a commuter rail line between Lorain and Cleveland will be read for the third time this week. He will not place the resolution on the Consent Agenda in the event Council members have comments. He suggested that it is possible that this project could impact the Quiet Zone. Passage of this resolution could send a different message to the community. This resolution could be approved, but if Council does not intend to support the project, it may not make sense to do so. He asked all members of Council to give this a good deal of thought and be prepared to vote at the next meeting.

Ordinance No. 18-07: This ordinance will approve the purchase of trees for the tree lawn program, in cooperation with the Beautification Committee. Mr. Linden explained that in this third year of the program, 199 trees will be ordered. Six bids were received with one "no bid". Following review, it was decided that Aaron Landscaping was the best bidder. Mr. Linden requested passage this week because of the City's planting schedule, which, weather permitting, is the last two weeks of March and the first two weeks of April. The streets scheduled to receive trees this year are Carmen, Avalon, Wynwood, Riverview, Aberdeen, Gasser, High Parkway, Tonawonda, and the west end of Hilliard. Responding to Mr. Hagan's question, Mr. Linden said that last year the contract went to Big Trees and the year before, to Davey Tree. (Consent Agenda)

MISCELLANEOUS BUSINESS: NONE

COMMITTEE REPORTS:

Parks and Recreation Commission: Mrs. Bartolozzi indicated that the Parks and Recreation Commission met on February 21 and approved slight increases to summer camp fees.

Planning, Zoning and Economic Development Committee: Mr. Gollinger reported that he has spoken with Economic and Community Director Kory Koran, who is working on changes needed to the zoning map to encourage development in accordance with recommendations made by the Master Plan. When complete, Mr. Gollinger will notify the members of his committee.

NEW BUSINESS:

Resolution No. 21-07: Mr. Hagan reported that encouragement for this resolution came from a Parma Councilman where the resolution was passed in January. He enclosed a letter from David Gilbert, president of the Greater Cleveland Sports Commission, who cited successful major amateur sporting events held in Greater Cleveland, including the International Children's Games, U.S. Figures Skating Championships, Gravity Games and many others. These events have brought more than $200 million into the local economy and showcased our community. He says that hosting the Special Olympics World Games would mean $120 million for the local economy, worldwide attention for the community, and serve as a catalyst for advancing programming and services for people with intellectual disabilities.

Mr. Gollinger asked that Lorain County Community College be included in the list of educational institutions. (Consent Agenda)

Ordinance No. 22-07: This ordinance authorizes a contract for the purchase of T-shirts for many recreation programs and summer camp. Mrs. Bartolozzi indicated that the contract will be awarded to the lowest bidder with whom, in the past, the City has had a very good experience. About 6000 to 7000 T-shirts will be purchased at a price $.09 lower than last year. (Consent Agenda)

As there was no further business by members of Council, the meeting was adjourned at 8:40 p.m.

________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council

CITY OF ROCKY RIVER

MARCH 5, 2007

QUIET ZONE UPDATE - SAFETY ISSUES

The Public Meeting to discuss the Quiet Zone and related safety issues was called to order by Mr. Hagan, President of Council, at 7:00 p.m.

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

Mrs. Bartolozzi, Mr. Long, Mr. Hagan

Administration: Mr. Linden

Law Director: Mr. Bemer

Press: Mrs. Mackenzie, Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

President Hagan turned to the Mayor to introduce the invited guest, Ms. Evelyn Hendricks, from the Federal Railroad Administration (FRA).

Mayor Bobst noted that since the last public meeting, important issues remain to be discussed, and she wished to update residents on the latest information and request their feedback, particularly on safety issues.

She first explained that what is under consideration is the entire zone, which includes all four crossings. When she requested that the City Engineer enter updated information on the FRA

calculator on their website, he found that, based on traffic of five trains per day and the current gates and lights, the proposed zone is below the Nationwide Significant Risk Threshold (NSRT). The NSRT is 17,030 and Rocky River's risk index is 15,061. Currently, an average of 1-4 trains per day pass through the City. This means that the City could pursue the establishment of a Quiet Zone without installing Supplementary Safety Measures (SSM). The City would, however, still be required to stripe, install signage, strengthen enforcement, encourage education and safety awareness and make some improvements to the Elmwood crossing which needs a constant time warning. Without the installation of SSM's, the City must be certain it meets the NSRT requirements annually or risk losing the Quiet Zone. Further, in an emergency situation, the train horn may be sounded, e.g. if someone is on the tracks.

All this information has raised questions regarding pedestrian and vehicular safety. Residents may wish to consider a nighttime Quiet Zone, from 10 to 7 in place of the 24/7 zone in which no horn would be heard except in case of emergency. This means that horns would sound during the day, when pedestrian traffic is the highest. This could be an initial step to gauge the effectiveness. If established from 10 to 7 now, SSM's which take time and money, could be added at a later date. That could cost more than $350,000 per four-quadrant gate, or $1.4 million for all.

There has also been some discussion of commuter rail. There are two considerations:

• •First, the establishment of the Quiet Zone. The Law Director has communicated the City's desire to establish a Quiet Zone to the stakeholders of the commuter rail.
• •The second consideration is the agreement of the City with Norfolk Southern which limits the number of trains to a maximum of 14 per day. It is not clear if that is a combination of freight and passenger. Commuter trains would blow whistles, not horns

Mayor Bobst then introduced Council's guest, Ms. Evelyn Hendricks, the Assistant Grade Crossing and Trespasser Regional Manager. Ms. Hendricks was referred to the Administration by Ron Reis of the FRA in Washington, D.C., and was present to answer questions that Council and residents may have on the Quiet Zone. She explained that she had no formal presentation, but would be happy to address concerns. Specific guidelines are in place to establish a Quiet Zone, and these are available on the FRA website.

Mr. Hagan asked if she has been involved with many communities.

• •Ms. Hendricks said that she has been working with Cong. Kucinich and the Lakewood group. She noted that a state ordinance had been passed stating that they could have a zone, but no paperwork has been filed. They have hired a consultant and she has not been in touch with them for some time.



• •Mayor Bobst asked if she has been working with Olmsted Falls. Ms. Hendricks indicated that that city is part of the Lakewood group of six or seven cities working together with a Quiet Zone Task Force under Cong. Kucinich. In some of those cities there are as many as 70 to 80 trains per day.

Mr. Gollinger asked, assuming other locations in the country have already established Quiet Zones, whether data regarding problems is available. He commented that the issue is noise, and it has increased over time. He also wondered if the lack of barriers and warnings in rural areas have led to the increased standards.

• •Ms. Hendricks noted that she does receive crash information, such as a recent one in Ft. Worth. She acknowledged, however, that they are not all related to the Quiet Zone. In response to Mr. Gollinger's questions of noise, she explained that the standard now is a minimum of 90 dB, but trains can exceed that. Trains must blow their horns at public grade crossings to warn motorists or pedestrians.

The Mayor asked about Quiet Zones in Ohio.

• •Ms. Hendricks indicated that there is only one, in Moraine, a community with one crossing.

Mr. Hagan remarked that in Rocky River, all four crossings have gates. The main concern is to reduce noise but to maintain safety. He commented that Council has passed an ordinance which requests the Administration to take the first steps to establish the Quiet Zone.

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview, asked about funding.

• •Ms. Hendricks said that at present, there are no funds from the federal government which would help establish a Quiet Zone. It may happen in the future, because four-quadrant gates are very expensive.
• •Mayor Bobst added that she has discussed funding with Congressman Kucinich's office, which concluded that even if funds were available, they would go to a city like Olmsted Falls with 70-80 trains per day.
• •A state grant may be a possibility, but not for a Quiet Zone. It may be granted for highway grade improvements

Jeff Shively, 20525 Stratford Ave, commented that if it is not necessary to spend money to establish the Zone, other considerations can come later. He asked how long it would take to move forward.

• •Ms. Hendricks acknowledged that she did not know. Her job, she said, was to act as liaison to make certain that the paperwork is properly filed. It will go to Mr. Ron Reis who will review it and respond to the City as quickly as possible. Norfolk Southern also has a 60-day period to comment, and Ms. Hendricks observed that last year they were not in favor of the idea. They do, however, need to be involved.

Nick Miller, 1076 Elmwood Rd, asked if the Administration favors the installation of SSM's even if they are not required.

• •The Mayor said, not initially. The City can establish a Quiet Zone with SSM's, but she would like all residents to give careful consideration to the question of a 24/7 or 10 to 7 period. In the future, she indicated that an SSM may have to be installed at Wagar Road which currently does not meet the NSRT, and it may be the first crossing to be upgraded.

Mr. Miller indicated that he saw no reason to do other than a 24/7 Quiet Zone.

• •Mr. Bemer reminded attendees that although currently the four crossings meet the national threshold, changes in regulations occur periodically, and it may be prudent to assure that filing on an annual basis is not required.



• •Mr. Hagan wondered if an SSM were installed at the Wagar Rd. crossing which would lower the Zone's Risk Index considerably, whether the Zone would still be inventoried on an annual basis. Ms. Hendricks said that it would. The installation of four-quadrant gates would lower the risk significantly, but there would still be an annual review. Mr. Hagan recalled that other SSM's, such as closing a street were not considered; channelization creates a problem for residents who cannot always freely access their driveways close to the tracks, and the wayside horn seems to be exchanging one horn for another.

• •Ms. Hendricks pointed out that if one crossing is closed, two upgraded and a wayside horn installed at the fourth, the standard could be met. She commented that the wayside horn is loud over an area of a couple of blocks as opposed to 8 to 10 blocks for the railroad horn.



• •Mr. Hagan also noted that an upgrade of the signalization is necessary. Ms. Hendricks agreed, saying that constant warning circuitry is needed.

Scott Cook, 20562 Stratford Ave, said that to establish a Quiet Zone appears to be a lengthy process, and he favors going forward now to receive the designation and adding safety upgrades later. He does not see the sense in not doing a 24/7 zone.

• •Mayor Bobst responded by saying that initially, it was felt that to complete the application, specifics about the SSM's to be used was necessary. Since we know now that Rocky River's numbers are below the risk threshold, the City can apply without SSM's. The main concern about eliminating the horns is safety-what about extra safety measures for pedestrians: gates, stricter enforcement, education and signage.

Mr. Cook said he favored approval now and upgrades to Wagar Rd. Upgrades may not be necessary for all four crossings. He asked about commuter rail and how many trains would pass through the City.

• •The Mayor acknowledged that at this point, no one knows. She has concerns, however. The City is lower than the NSRT with five trains. If this were to increase to 10, it would no longer meet the standard and the Quiet Zone could be lost until SSM's are installed. It is also unclear whether there is a difference between freight trains and commuter trains and whether commuter trains would be counted in the total.



• •Mr. Hagan explained some background on the commuter rail discussions, noting that an organization called All Aboard Ohio! is promoting the idea of rail travel between Lorain and Cleveland to promote development. The resolution under consideration by Council now supports the seeking of grant funds to study the issue. Rocky River would want to keep the Quiet Zone and those trains could affect calculations. The resolution, however, supports only the study.



• •Mr. Bemer commented that the issue can be perplexing and is regarded as a component of West Shore development which will spark more residential and retail growth. Rocky River has been clear that the Quiet Zone comes first. Whether we are participants affects only the location of a depot in the City. If it goes forward, we will still have the rail traffic.

Jerry Monroe, 20831 Stratford Ave, wished to confirm that either a 24/7 or nighttime Quiet Zone could be initiated without SSM's.

• •The Mayor responded that the City could submit the paperwork, and if approved by the FRA and Norfolk Southern, the Quiet Zone would be created.



• •Ms. Hendricks added that the railroad has 60 days to comment. They have not been in favor because of liability issues. Now most trains are equipped with cameras and incidents are photographed. This has dramatically decreased the number of lawsuits.

Is the annual review expensive?

• •This is a topic that has not yet been discussed, and at this point, Ms. Hendricks is not certain, but believes that the FRA or the City itself would do the review.



• •Mr. Bemer added that he has been told that Norfolk Southern would waive its usual $2800 application fee because of the memorandum agreement it has signed with the City. Questions about the agreement elicited the information that according to the agreement, a maximum of 14 trains per day will travel through the city. The agreement has no expiration. The Law Director noted that the agreement applies only to freight trains and would not restrict commuter rail. If the Quiet Zone is established without SSM's, the primary concern is safety.

If the City can establish the Quiet Zone, would it be permitted to design its own SSM which would make the crossing safer?

• •Ms. Hendricks said that it could be done, but it would not be an SSM or an Alternate Safety Measure (ASM). Modified safety measures are permitted, however.



• •The Mayor has discussed this issue with Ron Reis, inquiring about a 20' channelization on streets where 60' or 100' would be too difficult for residents. This would make sense and enhance the safety of the crossing, but it would not be a SSM or an ASM and would not qualify to reduce the Risk Index.

What was the substance of the ordinance passed by Council?

• •Mr. Hagan responded that this was part of the process for the establishment of the Quiet Zone. Ordinance No. 146-06 instructed the Administration to send a Notice of Intent and authorized payment of the $2800 fee. At that time, it was thought that the Notice of Intent required specifics of SSM's which were required. It was later discovered that the City was below the NSRT.

Mr. Monroe stated for the record that he is in favor of a 24/7 Quiet Zone. He said that if the only cost involved is for renewal, it makes sense and if required, funds can be spent later to maintain the zone.

• •The Mayor reiterated the importance of the question of pedestrian traffic. She feels that the community must decide together if safety would be compromised if no horns are sounded at any time. She has heard tonight the call for a 24/7 Zone, no matter what, and she will await further feedback from the community at large.

Mrs. Bartolozzi stated that although SSM's may not be needed, work is needed to be sure that the Elmwood has constant warning circuitry. She asked about the cost and length of time to complete the improvements.

• •Mayor Bobst said that the work and time frame would be up to Norfolk Southern which would then bill the City. She estimated the cost to be $50,000 to $60,000. Mrs. Bartolozzi added that delays could occur and residents should be aware of that fact. The Mayor agreed, noting that the City has been working with the railroad for some time in an effort to acquire an electronic notification system so that the Police and Fire Divisions are aware of incoming trains and can use an alternate emergency route. It could also be a good tool for enforcement.

Philip Alexander, 20641 Beachwood Dr, confirmed that the City has one track. He was told, however, that a switching station is located east of Elmwood. He maintained that trains are large and noisy, and if the public followed the "stop, look and listen" rule, accidents could be avoided. He noted that school guards are available for children to cross the tracks during the school year, but not when school is out for the summer and children frequently cross the tracks. The public must accept some responsibility, and if everyone obeyed the law and acted appropriately, there would be no need for concern.

• •Law Director Bemer has met with his counterparts in Lakewood on the issue of pedestrian safety. The majority follow the law, but those who do not create risk. He reiterated Council's wish to satisfy residents, but to balance that against safety issues.

Roxanne Girard, 878 Wagar Rd, indicated that she lived in the first house north of the tracks on Wagar. She said that she believes that children need to be aware of train traffic and that the whistle needs to blow during the day. She does not find it abusive. At night, traffic usually subsides; some engineers are courteous. She feels that a 10-7 zone would be a compromise, since pedestrian traffic usually stops after daylight in the summer.

Neal Hunt, 20643 Stratford Ave, asked if gates cover sidewalks; Mayor Bobst said that they do not. Mr. Hunt noted that there are 24-hour flashing lights and he said that it is possible to feel the vibrations as the train approaches. Ms. Hendricks said that that may not be true of some newer trains.

• •Mayor Bobst reminded attendees that the Quiet Zone can be established with the safety measures in place today. She encouraged residents to observe the crossings as they drive through their neighborhoods and to notice the gates and pedestrian crossings. She added that children cross into Elmwood Park all summer, and while the City cannot control their actions, it needs to make conditions as safe as possible.



• •Mrs. Bartolozzi suggested the possibility of re-educating children and starting early to make them aware of railroad safety issues. Ms. Hendricks indicated that the FRA has "Operation Lifesaver" which is a safety program for pre-school through adult. It consists of 40-minute presentations and is presented without charge.
• •Mr. Long commented that large visible signage would be helpful. The Mayor noted that there are requirements which the City will meet in accordance with regulations.

Ruth Lawrence, Whittlesay Lane, said there are fewer trains now and noise should not be an issue. Horns blow to keep the tracks safe. She noted that residents who bought property close to the tracks were aware that there would be trains and noise.

• •Mr. Hagan reiterated that horns would blow if engineers were to see any impediments on the tracks. At present, they are required to sound the horns whether or not there is any traffic on the tracks. Safety is foremost, and the #1 issue. Council and the Administration are studying the Quiet Zone to see if they believe it will improve the community.



• •Ms. Hendricks noted that Chicago has had a Quiet Zone for years, and it has been working well with a high volume of traffic. In Florida, accidents jumped 150% following implementation of a Quiet Zone at one site, and it was withdrawn for re-evaluation.

Mr. Gollinger commented that even if a Quiet Zone were to be established, the engineer always has the right, at his discretion, to use the horn if he sees a vehicle or individual in danger.

Mrs. Bartolozzi asked if information is available on fatalities in Quiet Zones. Ms. Hendricks said that she thought the information was probably available and will look into it.

Mr. Hagan thanked Ms. Hendricks for coming to the meeting and for the information she provided.

As there were no further comments from members of Council, the Public Meeting was adjourned by Mr. Hagan at 8:05 p.m.

______________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council