CITY OF ROCKY RIVER

MARCH 19, 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, Mrs. Bartolozzi,

Mr. Long, Mr. Hagan

Absent: Mr. Hurtuk

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Press: Mrs. Mackenzie, Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

Mr. Hagan explained that the Committee-of-the-Whole would precede the Special Meeting because a member of Council had been delayed.

MAYOR'S REPORT:

Finalizing work on the sound system will mean that work on Council Chambers is almost complete. A new door remains to be installed and painted, but everyone is very pleased with the outcome.

On Thursday evening at 7:00 p.m., a kickoff rally will be held at the high school for the Relay for Life, which will be community-wide this year. The actual event will be held on Friday, May 25; this will be an overnight event to symbolize that cancer never sleeps, nor should the efforts to find a cure. The first week in May will be "Paint the Town Purple" week. Organizers have been careful to stay in compliance with the Code. Several community residents and organizations are working together to insure its success and give the community an opportunity to celebrate survivors and give hope to others.

On Wednesday, March 21, a meeting will be held with residents for the Westover Construction Project. Details will be presented and questions will be answered. Construction will begin shortly thereafter.

The property on Wooster which had a blue tarp on the roof has resurfaced as a problem. The Building Department has already begun work. The house was sold at auction to the VA in August. It was to transfer in October, but the conveyance was never accepted by the VA. The Mayor met with Cong. Kucinich's office to identify a VA contact so that repairs can be made quickly. In their eyes, however, the house is still owned by Countrywide. The Administration is working on the situation.

There has still been no response from the post office regarding property maintenance issues such as removal of trees, placement of a fence, upgrading of the landscaping and upgrades to the parking lot. There have been issues in getting the project started. Again, with help from Cong. Kucinich's office, a timeline and defined scope of the project should be determined by Wednesday. The City has documentation of problems dating from the 1970's regarding maintenance at that location.

On Friday, the Mayor and Mr. Bemer attended a meeting called by Cong. Kucinich's office for the purpose of reiterating and supporting the current train agreement with Norfolk Southern for the west shore communities. Also in attendance was Gary Ebert of Bay Village and Mayor George and Tom Coughlin of Lakewood. One point established at the meeting was the railroad's intention to view commuter passenger trains outside the agreement. The Mayor described this as a "deal breaker" for west shore communities, particularly Rocky River which is pursuing a Quiet Zone. She noted that the meeting on Friday brought a request of Norfolk Southern to look at the agreement and clarify that agreement and their intentions. This clarification would not be a reopening of negotiations, but perhaps an amended version to clarify what is meant. She suggested that the current resolution remain on hold until that response is received and the City knows the intentions of the railroad. The Mayor also noted that she was very pleased that Mr. Kucinich is intent upon making sure that the agreement remains in place.

The skate park will open this week, or next week, depending on weather. It has been inspected and is ready for participants.

The Police Division is collecting cell phones which can be reprogrammed and distributed to individuals to be used in emergency 911 situations, such as domestic violence cases. Those with unused cell phones may bring them to the police station.

Last week the total rainfall on March 14 was 1.77" in a short time. The capacity of the WWTP is 128 million gallons and on that date, a total of 126 million gallons was reached. A slight overflow was recorded and reported. There was only limited flooding in back yards. The Mayor commented that if Council members hear of flooding, it should be reported to City Hall.

Thanks to the generous donations of area merchants, the Senior Center's "Feel Like a Millionaire" drawing which will be held on April 26 will award more than $2500 in prizes. Tickets, at $5, are available at the Senior Center.

Governor Ted Strickland presented his State of the State address last week and then his 2008-09 budget. Highlights include, promoting biofuels and renewable energy resources, improved access to health care, control increases in college tuition and address the funding of schools. Two local government funds would be combined into one fund, the Local Communities Fund at 3.65% of the total of tax revenues so there will be some potential increases, e.g. libraries, to 2.2%. This would result in some stabilization in local government funding. Two bills are pending on estate taxes, and the Administration will be watching closely. Both eliminate the tax, leaving it to localities to put it on the ballot.

Discussion: Mr. Hagan noted that he supports the Relay for Life. Almost all families have been touched by cancer, and he said he was excited that this event will be held in our City. He had several questions about the house on Wooster. He also pointed out that the 126 million gallons experienced by the WWTP on March 14 shows the need to eliminate infiltration which increases the flow during every rainstorm.

Mr. Gollinger noted that residents adjacent to the high school need their sleep, and asked that neighbors be considered and events be held indoors.

• •Mr. Hagan pointed out that last year's event was held at Lutheran West, and there were no noise complaints.
• •The Mayor noted that from the beginning last summer, issues of lighting and amplification have been discussed. The staging should keep the noise down, and events will be suspended at a certain time of night and they will have the ability to move indoors, if necessary. Finally, residents will be kept informed.

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 be on the agenda of the Planning Commission tomorrow evening. Following their public hearing, the Commission should be able to make its recommendation to Council for consideration at a future meeting.

Resolution No. 10-07:   Mr. Gollinger noted that this resolution encourages the seeking of federal funds for a study on the feasibility of a commuter rail line between Lorain and Cleveland. He asked Law Director Bemer if Council should act on this resolution at this time.

• •Mr. Bemer indicated that the Administration's recommendation was that Council not act this evening. All three cities, Bay Village, Lakewood and Rocky River, must continue to act simultaneously and with consensus on any matters that affect rail and its impact, with no single community acting contrary to the interests of the other two. Law Director Ebert has a call pending to Norfolk Southern counsel with the aim of gaining a better understanding of the railroad's position. In 1998, the distinction between passenger and freight rail was not raised because the railroad was not in the passenger business and it was not anticipated. The railroad has now responded that passenger service would be outside this agreement. Mr. Bemer said that the original individuals who negotiated the agreement need to be consulted as to their position without changing the complexion of this agreement, which none of the three communities want. Mr. Bemer's recommendation is also that the vote be deferred until that information is received.

Mr. Gollinger asked why the agreement was passed in Lakewood.

• •Mayor Bobst responded that Mayor George said he would like to see commuter rail, but he does not want this agreement amended in any way. She commented that the City wants answers from Norfolk Southern and that this cannot move forward unless all cities agree, and it cannot be discussed until more information is received. Norfolk Southern may be interested in operating passenger service, and the City needs to have their policy defined and in writing before moving ahead because residents here care about the Quiet Zone.

Mr. Gollinger's question was, if Council were to act on this resolution, would anything preclude submission of another resolution at such time as it is determined that this can be considered. He expressed concern that not taking action on this issue would be misinterpreted.

• •Mr. Hagan commented that this resolution was placed on hold after the second reading for information from Norfolk Southern. The Law Director received a response to his inquiry to the railroad which said that passenger trains would be outside the 13.9 trains allowable in the agreement. This Council is working hard for a Quiet Zone, and Mr. Hagan said Council would be consistent in taking action by holding off until the City is certain that Norfolk Southern may be interested, and that an increase in train traffic will not necessitate spending money to maintain the Quiet Zone.

Mr. Gollinger commented that holding of this resolution should not be seen as a reason to delay the process for the Quiet Zone. He wondered if this would move forward.

• •The Mayor asserted that the Quiet Zone will not be delayed and that it will move forward.

Mr. Gollinger indicated that in that case, he would have no problem holding the resolution for a reasonable period of time.

Ordinance No. 23-07: This ordinance will approve a contract for the Westover Sewer and Pavement Replacement Project. Mr. Hagan noted that it will be read for a second time at the Special Meeting to follow.

• •Mr. Linden explained that he would like to see passage of this ordinance so that the project can begin. The first meeting with the contractor is tomorrow morning and a meeting with residents is scheduled for Wednesday.

Ordinance No. 24-07: Mrs. Bartolozzi called upon Recreation Director Patterson to comment on the revised fee structure for the Don Umerley Civic Center recreation facilities. Mr. Patterson noted that the proposed fee structure is the same as that proposed when the project first began in 2004 with only minor changes. The Parks and Recreation Commission unanimously approved membership fees in December, and some were added with input from the aquatic and fitness directors. These fees have been designed to cover the new operating expenses. The Facilities Task Force spent time looking at other facilities and noted that some are subsidized, even heavily.

• •Mr. Moran said that some residents are concerned, and wonder if there is any way that seniors can use only the walking track at a very affordable cost without harming the budget process. Although many groups are considered, his request was on behalf of seniors to encourage their use of the facility.

Mr. Patterson indicated that this point had been raised, and they had tried to be as fair as possible by making the youth and senior rates the same. If given a special rate, the hours would have to be restricted in order to be fair to everyone who uses the facility. He pointed out that many older adults use other facilities, and that a six-month membership for seniors has been added. He is hopeful that when they see the facilities, they will be encouraged to use more than the walking track. However, it is a possibility.

• •Mr. Gollinger added that he would encourage a second look at the issue for seniors for use of the walking track which would be more for health than entertainment, particularly since Westgate is no longer available. He asked Mr. Patterson to review the issue with the Commission.



• •Mr. Long asked if, when fees were compared to those of other municipalities, they were also compared to those in the private sector.

Mr. Patterson responded that both types had been reviewed, and the City's fees are significantly lower than those in private facilities. The City's fees are geared toward families.

• •Mayor Bobst commented that the babysitting service is available to parents only while they are using the recreation facilities. Mr. Patterson added that parents may not leave the building.



• •Mrs. Bartolozzi asked about babysitting hours. At this time, the plan is to have babysitting available from 8 a.m. to 1 p.m. M-F, 4 - 8 p.m. M-Th, and 8-4 Sat.



• •Mr. Hunt noted that at 5 years of age, a membership is required, and asked about the ages for babysitting. Mr. Patterson responded that babysitting is for ages 6 months to 6 years old.

MISCELLANEOUS BUSINESS:

Resolution Supporting Great Lakes Restoration: Mr. Hagan explained that members of Council have received copies of this resolution received from Kristy Meyer, Lake Erie Program Director of the Ohio Environmental Council (OEC). He had heard her speak at a meeting of the League of Women Voters on March 1, championing the Great Lakes Compact, noting that the lake is a great asset which provides plentiful water for use by Great Lakes states. Former Governor Taft led the effort with Great Lakes governors and the Canadian territorial ministers to support the Great Lakes. Last year, Senator Spada introduced a bill that would have Ohio agree to the Great Lakes Compact. This resolution urges the state to pass this agreement to protect our assets from diversion and ask Congress to provide assistance for the WWTP when all states have signed the agreement. Mr. Hagan pointed out that with our position on the water and a WWTP, it is natural for our City to support this resolution to maintain and improve this asset. Further information is available on the OEC website, www.theoec.org, which is asking our community to pass this resolution.

• •Mr. Gollinger expressed his hope that the resolution has been carefully reviewed. The WWTP has made every effort to comply with the law which is currently in place. He is concerned about the possibility of standards being raised to the point where the cost of compliance is even higher. He would like to be assured that federal assistance would be sufficient to cover what is mandated above today's standards.

Mr. Hagan responded that there would be a two-pronged implementation: Congress is considering legislation which would provide funding, but has not passed it. The City has been told that the federal government will pay for needed improvements. In the other aspect, former Governor Taft entered into a non-binding agreement among Great Lakes governors and ministers of two neighboring provinces so that they would be able to control the flow and diversion of the lakes. This is important because what happens in other lakes, such as the sale and diversion of water to another state, would affect Lake Erie.

• •Mrs. Bartolozzi pointed out that regardless of whether the resolution is passed, the EPA regulations can be tightened and the WWTP has no choice but to comply.



• •Mr. Gollinger agreed, but said that he would not like to give them more power. He can support regulations against the diversion of resources, but he may need further information before he can support other aspects of the resolution.

Mr. Hagan indicated that some of the most serious problems in Lake Erie come from the introduction of foreign species which change the ecological system of the Great Lakes. One answer may be an electronic fence to keep some of these species separate from the greater fish population. These species can devastate the fishing industry. He requested that the ordinance be drafted and offered to contact the OEC for further information.

• •Mayor Bobst remarked that the City's Stormwater Management Plan can be provided.

Portable Home Storage Units: This issue has been raised because Council President Hagan has received a letter from PODS (Portable On Demand Storage) asking for reconsideration of the ordinance recently passed. During Council's discussions, the issues raised concerned the length of time the unit is on the property and the notice aspect. The company's greatest concern is the permit process, which it feels would hinder their business. They have suggested a notification to the City when a unit is delivered. The permit was not implemented for revenue purposes, but so that the City would be aware when a unit is delivered. He asked Council members if there is a feeling to reconsider the legislation.

• •Mr. Gollinger commented that Council members had considerable deliberation as to the content of the legislation which was drawn up by the Law Director, and he believes that it is fair and equitable. The issue of a permit is an integral part of the ordinance as it assures that if someone does not abide by the law, there is no third party, but only the responsible party. In any case, there is a cost to the City, and public funds should not have to be spent to support the success of a business. Although it is true that there have been no PODS in the City since passage of the legislation, it could be an issue of timing. The ordinance was designed to satisfy the complaints of residents who have difficulty with the containers in their neighborhoods. He said that he is not inclined to change the ordinance, as he wishes to protect neighborhoods.



• •Mayor Bobst noted that the ordinance has not yet been tested; there have been no resident complaints about the permitting process. Although PODS has offered to send e-mail notices, there is a possibility that another company with a similar service which has not yet been seen would not. She would only be interested in taking a second look at the ordinance for a 48-72 hour restriction without permitting, but some way to be sure it is removed in time would be necessary. The purpose of this is to remove it as quickly as possible. Fifteen days is a long time.



• •Mr. Hunt commented that the company's letter states that 80% of their customers use the units because they are moving. He said that he would be inclined to revisit the legislation in order to shorten the permitted time. Mr. Hagan indicated that the company offers free storage.



• •Mr. Bemer reported that a neighbor had used a unit upon the return of a college student. He believes that off-site storage should be the true purpose of the system as this would have the least impact on the neighborhood. He suggested that Council may consider a 48-hour rule pursuant to their permit.



• •Mr. Hagan indicated that enforcement would still be necessary without permits.



• •Mr. Long wondered if the POD could be automatically removed after 48 hours or whether it would take the call of a customer. He feels that six weeks for remodeling, as it is a convenient location for the company to store its equipment and supplies, is not acceptable in residential areas.



• •Mr. Gollinger said that consistency is important. This ordinance is consistent and straightforward, and he would not be inclined to modify it.



• •Mayor Bobst reported that the company's representative stated that with so many communities passing legislation, he was concerned that every municipality will have different requirements and it could be very confusing. The Mayor thinks that this legislation is well thought out and will serve the community well.



• •Mr. Hagan will write to the company to advise them of the City's stand.

Lakewood WWTP Alternatives: The Mayor has circulated to Council members the list of alternatives presented to Lakewood on February 19. The City is currently waiting for a response a as to which of the four alternatives would be most acceptable. Very soon the City will send letters to those residents notifying them that a dye testing and televising program will begin this spring to assess the condition of the sewers and any infiltration issues. Any issues of infiltration will be corrected whether or not the flow is to Lakewood or needs to be redirected to our facility.

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Railroad Quiet Zone: Mayor Bobst explained that following the presentation of information to Council, she has had an opportunity to speak with many residents regarding their opinions on the Quiet Zone. Some have said it should be a 24/7 Zone. In those cases, she has presented an idea which she would like to share for Council feedback which is needed so that a decision can be made and the process can move ahead.

After a great deal of consideration, the Administration is recommending a 10 to 7 Quiet Zone with safety enhancements installed, initiate the education and awareness program, increased enforcement and then evaluate efforts. She has already spoken with Dr. Dennis Allen of the Rocky River Schools, and he is supportive of including that curriculum in the schools. As the Mayor has discussed this with residents, they see this as a very positive step in the light of safety issues with a 24 hour zone, and she has found them to be supportive also.

Safety enhancements installed would not be Supplementary Safety Measures (SSM). If this can be finalized, the Mayor would like to send the Letter of Intent as requested by Council.

• •Mr. Hagan asked if there is a different threshold for a timed Quiet Zone.

The Mayor said she did not believe so. Only the vehicular traffic would be lessened. Calculating an average of five trains per day, the Quiet Zone can be implemented without SSM's.

• •Mr. Hagan commented that safety at crossings is the prime consideration. During the school year, children cross frequently. In the summer, there are no crossing guards. He emphasized the importance of safety education in the implementation of the Zone. He then turned to the councilmen of the two wards whose residents are most affected, Ward 1 and Ward 3.



• •Mr. Hunt observed that he has seen overwhelming support for the 24/7 Zone in his ward. His constituents are also concerned with safety, and believe that it can be accomplished without SSM's, particularly with safety education. With or without the Quiet Zone, access to Elmwood Park cannot be blocked, which is important to many, and education takes on a new importance. At this point, Mr. Hunt favors a 24/7 Zone, but he is willing to listen to other opinions.



• •Mr. Gollinger, said that feedback received from his Ward 3 constituents has been directed toward a 24/7 Zone. He remarked that it was important to make the point that those favoring 24/7 are no less interested in safety than Council. Since the representative of the Federal Railroad Administration (FRA) stated that implementation of a Quiet Zone does not mean that engineers can never sound their horns in unsafe situations, everyone is more comfortable with the 24/7. This type of zone might be even less confusing, and he is supporting the requests of the residents who have voiced their opinions.



• •Mayor Bobst commented that her request for Council direction does not mean that the decision must be made this evening. She urged Council members to talk to residents as she has done. She reminded Council that, if implemented, Rocky River would have the second Quiet Zone in Ohio, preceded by Moraine, with only one crossing. Friends and families of residents will not be aware that horns will not blow, and it may be wise to take it a step at a time. This does not mean that there will not be a 24/7 Zone eventually. This is something new to the region and the state, and she would like to proceed in a thoughtful way and evaluate it. The area may have commuter rail, and safety is a large concern.



• •Mrs. Bartolozzi observed that, at this time, Council has seen residents who have attended meetings, are vocal, and, for the most part, are directly affected by the situation. Many residents are not aware that this is an issue before Council because it doesn't affect them. Variances are based on hardship; in this case, she does not see hardship with an average of only 5 trains per day. Most hardship would occur during the nighttime hours. Many residents live close to the track and are no complaining, having adjusted to it. Because it is easier to add something than take it away, she supports the suggestion of the Administration to move forward prudently, establishing a Quiet Zone 10 to 7, keeping safety in mind, and seeing what happens with commuter rail. Daytime noises, like lawn mowers are common and we have grown accustomed to them. At this time, she would be supportive of a 10 to 7 Quiet Zone.



• •Mr. Moran commented that he represents Ward 2, but also has the responsibility to consider the entire City, and he agrees with the comments of Mrs. Bartolozzi. He would like to see the process move forward prudently, safety maintained, but conserve peace during nighttime hours, which he sees as the most important. He noted that some people like trains and their whistles. The 10 to 7 zone would be an improvement that is safe and preserves the quality of life. A 24/7 might go too far, and he feels residents would support a 10 to 7 Zone.



• •Mr. Long stated that he intends to support the Administration's proposal, particularly because he is extremely concerned with safety. From 10 to 7, there is usually little pedestrian traffic, and vehicular traffic is also down. This would also help the hearing impaired.



• •Mr. Hagan indicated that noise is everywhere, from the airport to the highway, but new programs alleviate some of that noise. New louder horns have been mandated by the FRA. Programs for alleviating noise are important, and all agree that a major concern is safety. He has stated that he would support Council members who have issues in their wards. But, he emphasized that the Quiet Zone will happen, and suggested that Council members return to their residents and find out if there is support for a 10 to 7 Zone.

• •Mrs. Bartolozzi commented that the term, Quiet Zone, may be misleading. The noise from the train will still be audible, but most people are up an about during daylight hours. The horn noises will not be as noticeable.



• •Mr. Gollinger raised the point no one has complained about the noise of the train itself. He also pointed out that the FRA would never have consented to a Quiet Zone if it felt this created a high risk factor over existing recommended parameters. This would be a safe approach to reducing ancillary noise.



• •Mr. Hunt thanked Mayor Bobst for keeping the topic at the forefront of the agenda. He added that it needs to be discussed because safety is the concern of everyone. He appreciates the advice to go back to speak to his constituents.

As there was no further business by members of Council, the meeting was adjourned at 10:00 p.m.

________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council

CITY OF ROCKY RIVER

MARCH 19, 2007

The Special Meeting of Council was called to order by Mr. Hagan, President of Council at 10:04 p.m.

Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mrs. Bartolozzi,

Mr. Long, Mr. Hagan,

Absent: Mr. Hurtuk

Administration: Mr. Linden

Law Director: Mr. Bemer

Press: Mrs. McKenzie, Mr. Saylor

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview Ave. commented on Ordinance No. 10-07. He urged Council to take a stand tonight and vote on Resolution No. 10-07 supporting a commuter rail analysis. A vote either way would send a message on whether or not the city wants commuter rail service.

RESOLUTION NO. 10-07 BY FRANK B. GOLLINGER

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

Mr. Gollinger explained that in light of comments made earlier at the meeting of the Committee-of-the-Whole, this resolution will be placed on hold until further information is received.

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

2^ND READING

Moved by Mr. Hagan, seconded by Mr. Gollinger and Mr. Long, that the rule requiring that Ordinance No. 23-07 be read on three separate days be suspended, and that Ordinance No. 23-07 be placed upon its passage:

Discussion: Mr. Hagan explained that this is the second and most important phase of the reconstruction of Westover, including sanitary and storm sewers. Following the bidding process, this bid from Fabrizi was the lowest by $32,000. This contractor has worked for the city before, and Mr. Hagan believes that the residents of Westover will be happy with them. As the contractor is ready to go to work, there is no reason to delay.

Vote: Gollinger - aye Moran - aye Hunt - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Long, that Ordinance No. 23-07 be passed as read:

Discussion: Mr. Hagan said that he was excited to see this project go forward. Although it may be trying at times, when completed, it will be a whole new street, and will alleviate the problems of infiltration.

• •Mr. Linden agreed, noting that on Westover, the storm and sanitary sewers are inverted and pieces are actually missing. He indicated that he appreciated the Mayor looking at the entire picture and working to replace the entire street. The bid is below the engineer's estimate and will have a good contractor. By passing the ordinance now, it is hoped that the project will be finished by mid-August.

Mr. Hagan concluded by praising the communication of the Administration with residents in all aspects of the project. He felt that this is key and said that he very much appreciated the work that has gone into keeping all residents apprised of details of the project.

Vote: Gollinger - aye Moran - aye Hunt - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

As there was no further business, the meeting was adjourned at 10:10 p.m.

__________________________________ _____________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council