CITY OF ROCKY RIVER

MARCH 12, 2007

Regular meeting of Council was called to order by Mr. Hagan, President of Council, at 8:00 p.m.

in the David J. Cook Council Chambers.

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.

MOTION:Moved by Mr. Hagan, seconded by Mr. Gollinger, that the reading of the minutes of the Legislative Meeting and Executive Session of February 26 and the Public Meeting and the meeting of the Committee-of-the-Whole of March 5 be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MAYOR'S REPORT:

It was with sadness that the Mayor reported the passing of Vera Spooner whom she described as a wonderful member of the community as well as a former member of Council. She served from January 1, 1966 until 1973 and was always active in and supportive of the community and Council. The Mayor commented that she will be missed.

Last week a meeting for public input on the Lake Road reconstruction project was held. The Mayor was pleased to report that approximately 120 residents were in attendance and that it was an excellent meeting. Following the consultant's presentation, two groups were formed, one of business and commercial owners and the other of residents, to give feedback on the presentation and to make further recommendations. The focus was on the entire corridor and responses to roadway design alternatives were presented. A preliminary plan will be formulated and presented at a later meeting. While considerable funding is available for this project because of federal funds through ODOT and the City's resources, not every wish will be within the scope of the project, and some enhancements may be implemented at a later date.

Next week, a Special Meeting has been requested so that Council may consider the awarding of the contract for the Westover project to Fabrizi. On Wednesday, March 21, a special meeting for Westover residents will be held in Council Chambers at 7:00 p.m. to present that street's project. Residents' questions and concerns will be addressed at that time.

Recreation Director Patterson has reported that 39 dodgeball teams have been formed this year, each with approximately 10 members. Thirteen high school teams and 26 middle school teams will participate in this award-winning program.

In the light of two recent break-ins on Hilliard and on Morewood, Police Chief Wagner has cautioned residents to lock their homes and cars. Although this is a wonderful and safe community, incidents do occur, and residents should take care to safeguard themselves and their belongings.

The Healthy Start Program, through the County, may be able to provide free health insurance to low and moderate income families. Criteria are based on the number of persons in the household and income guidelines which have recently been revised, making more families eligible. Coverage includes check-ups, immunizations, emergency care and hospitalization, Information on the program is available through the City.

The Administration has been working with community civic organizations to bring back River Days, serving as a catalyst to bring together many groups, such as Community Challenge, the Chamber of Commerce, PTA's, Kiwanis and others interested in participating in the summer event.

• The Family Fun Fest will still be held, and events will include Silly Olympics, Cornhole Tournaments, 3 on 3 basketball, Senior Art Show, Preschool Crafts, Touch-a-Truck, Taste of River and Buy River, an event at which local merchants showcase their goods and services. Also planned is a band concert in the gazebo and a sing-along movie and costume party, possibly, the Wizard of Oz on the turf of the Don Umerley Civic Center.

• On Sunday, July 1, an "Antiques Roadshow" type of event is being organized by the Senior Center with local antique dealers, the Historical Society will sponsor a display and sale, and possibly, historical tours, an antique car show and Pie in the Park. Following the concert, the finale will feature fireworks at Bradstreet's Landing. Since the 100^th anniversary of the City, many residents have asked about another fireworks display, and the Mayor's office has found that the price has not increased. The display will be under- written by $4000 from the Parks and Recreation Foundation and a generous donation from Fairview General Hospital. Plans will be finalized within the next few weeks.

On Friday, the Mayor was pleased to announce that the City's team was victorious in the annual Community Challenge Cup basketball game. Displaying the large trophy, she thanked all who participated, particularly Council members who played, coached or cheered on the victors. Discussion: Mr. Hagan asked if a representative from Fabrizi Trucking and Paving will be present at the meeting of Westover residents on March 21.

• The Mayor responded that there would be, as well as the City's Consulting Engineer, Mr. Mackay and Safety-Service Director Linden.

LAW DIRECTOR'S REPORT:

Mr. Bemer was pleased to announce that he had received a notice from the Court of Common Pleas that the City has been awarded a summary judgment regarding a claim of age discrimination in the decision not to rehire a part-time Service Department employee. This means that there was no genuine issue of material fact, and there will be no trial. He anticipates an appeal, but has not received notice.

Information from Walter & Haverfield reported on developments in issues of video services. Latest information states that the FCC chairman is interested in declaring AT&T's internet protocol and interstate service which would eliminate any local or state regulation over them. A similar ruling had been made for Vonage which is currently being appealed in the Chicago area.

AT&T is currently lobbying for passing statewide franchising legislation which would again eliminate the need local negotiations with municipalities. They have already been successful in nine states and is expected to be raised in other states, including Ohio.

Regarding the Quiet Zone, the Law Director has sent an e-mail to Craig Lewis at Norfolk Southern, the appropriate person to address legal concerns. He has asked Mr. Lewis how the Quiet Zone as well as a potential for commuter rail would affect the 1998 agreement which restricts freight trains to fewer than 14 per day.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Hagan noted that following last week's meeting on the Quiet Zone, three communications were received. (Exhibits "A", "B" and "C") from individuals in attendance.

AUDIENCE PARTICIPATION:

Brian Ruic, 20358 Westover, asked about rates for individuals on a per visit basis for Don Umerley Civic Center use in Ordinance No. 24-07. Mrs. Bartolozzi responded to his question.

Fred I. Sokol, 20021 Parkview, read a statement in favor of commuter rail service, and urging Council to vote for Resolution No. 10-07 which supports seeking federal funding for an analysis of the issue.

There were no requests from members of Council for changes to the Consent Agenda.

ORDINANCE NO. 6-07 BY FRANK B. GOLLINGER

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 304-07-073 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL

(1F-R1) TO LOCAL BUSINESS (LB) IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Gollinger noted that this ordinance has been read twice and referred to the Planning Commission. Next week they will conduct a Public Hearing on the ordinance. He would like to continue this ordinance on hold until a response has been received from the Commission.

RESOLUTION NO. 10-07 BY FRANK B. GOLLINGER

AN EMERGENCY RESOLUTION IN SUPPORT OF FEDERAL FUNDING FOR A WEST SHORE CORRIDOR ALTERNATIVES ANALYSIS

This resolution has also been read twice. Mr. Gollinger advised the Council that he would like to continue this on hold pending receipt of information in response to the inquiry made by the Law Director to Norfolk Southern. He noted that he would like to have the information on the impact of additional traffic on the agreement prior to making a decision on this resolution. He hopes for a response by next week's meeting of the Committee-of-the-Whole so that he can address the issue at the following Legislative Meeting.

• Mayor Bobst added that the commuter rail issue was first raised at a meeting in June or early July. She attended that meeting and reported to Council on developments. The Law Director has represented the City at subsequent meetings because of the agreement and has reported on each development. The City has been in attendance at every meeting and every time the Quiet Zone has been discussed, the issue of commuter rail has been raised and how it might impact that.
• The Law Director added that at every meeting, he has emphasized that the City's primary concern is the Quiet Zone. Pending deliberations on the Quiet Zone would have a direct impact on the City's support for commuter rail.

ORDINANCE NO. 23-07 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT WITH FABRIZI TRUCKING & PAVING COMPANY, INC. FOR THE WESTOVER SEWER AND PAVEMENT

REPLACEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $998,263.00

1^ST READING

Mr. Hagan indicated that a Special Meeting will be convened next week to address this ordinance for Westover. He explained that this is the second stage of this project, following the water line replacement. Preliminary aspects have been discussed, and the Administration will meet with residents to explain all aspects and schedules. Mr. Hagan is looking for passage next Monday; Mr. Linden and Mr. Mackay will meet with Fabrizi on Tuesday, the meeting with residents will be Wednesday and the project could begin as early as Thursday, March 22. The first stage went very well, with full information for residents from the outset of the project and very few complaints. For this stage, a temporary road will be constructed so that residents have accessibility to their street at all times. This is an important project and very much needed.

• Mrs. Bartolozzi asked how long the project will last. Mr. Linden responded that it should be finished in August. Mr. Hagan noted that, when finished, it will be a new street including curbs and aprons.

ORDINANCE NO. 24-07 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AMENDING SECTION 954.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING CIVIC CENTER RECREATION FEES, AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Mrs. Bartolozzi explained that this ordinance authorizes changes in the fee structure for the Don Umerley Civic Center in anticipation of the opening of the new recreational facility and the aquatic center. Recreation Director Patterson will attend next week's meeting to answer any questions Council members may have.

ORDINANCES AND RESOLUTIONS UNDER CONSENT

ORDINANCE NO. 18-07 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE TREE LAWN TREES FOR THE CITY OF ROCKY RIVER FROM AARON LANDSCAPING, INC. IN AN AMOUNT NOT TO EXCEED $41,370.00

2^ND READING

The chosen supplier, Aaron Trees, was selected as the lowest and best bid for the 199 trees needed for this year's Free Tree Lawn Program.

RESOLUTION NO. 21-07 BY BRIAN F. HAGAN

AN EMERGENCY RESOLUTION ENCOURAGING THE SPECIAL OLYMPICS BOARD OF TRUSTEES TO SELECT NORTHEAST OHIO FOR THE 2011 SUMMER WORLD GAMES

1^ST READING

Mr. Hagan explained that this resolution was sent by a Parma councilman and encouraged cities in this area to support the Cleveland Sports Commission in its bid to bring the Special Olympics to this area.

ORDINANCE NO. 22-07 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY SERVICE TO PURCHASE AN UNDETERMINED NUMBER OF T-SHIRTS FOR THE CITY OF ROCKY RIVER FROM NATIONAL SCREEN PRODUCTIONS FOR ONE YEAR

Mrs. Bartolozzi noted that these T-shirts will be used for Rec Department programs and also for participants in the department's summer camp. The supplier is the same as last year and the price is $.09 lower. She indicated that the department had had a successful relationship with the supplier last year.

Moved by Mr. Hagan, seconded by Mr. Long, that the rule requiring that the ordinances and resolutions of the Consent Agenda be read on three separate days be suspended, and that said legislation be placed upon its passage:

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Long, that the ordinances and resolutions of the Consent Agenda be passed as read:

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Hagan indicated that a notice has been received from the Division of Liquor Control that a hearing has been scheduled for April 19 for the new permit application of the BP station on Hilliard.

Mr. Hagan also noted the improvements made to the Council Chambers since last week.

AUDIENCE PARTICIPATION:

Mary Ann Jirsa, 1028 Whittlesay Lane, said that she was unable to come to last week's public meeting regarding the Quiet Zone and wished to express her opinion. She commented that her understanding is that it is a noise and quality of life issue. If the City has five trains per day and each sounds its horns for 15-20 seconds in 1-2 second intervals, that is a total of under two minutes for the day. She noted that other annoyances last longer and asked if they, too will be banned. Residents who live near the high school, for example, have complained about the lights and noise but have been told that nothing can be done. The train tracks were here before the homes, and homeowners have always taken the responsibility to solve any problems. Mrs. Jirsa's primary concern is safety, and she pointed out that a sight-impaired person depends upon the train whistle to warn that a train is close to cross safely.

This is Council's decision, but with the present system, there has never been a fatality, possibly because of the horns. Although engineers can sound the horn, visibility is not as good from the west, and she asked if the risk is worth the two minutes.

Bill Welsh, 1050 Orchard Park, stated that if the Quiet Zone were to be initiated today, he would have no objection because costs would be minimal. In the future, however, if train traffic increases and costs increase, he would not be in favor of spending taxpayer dollars in order to maintain the Zone to appease a few residents.

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

_____________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council