CITY OF ROCKY RIVER

MARCH 26, 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. Hurtuk, Mrs. Bartolozzi

Mr. Long, Mr. Hagan

Absent: Mr. Hunt

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

Law Director: Mr. Bemer

Press: Mrs. Mackenzie, Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MOTION:Moved by Mr. Hagan, seconded by Mr. Long, that the reading of the minutes of the Legislative Meeting of March 12 be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mr. Gollinger, that the reading of the minutes of the Special Meeting and the meeting of the Committee-of-the-Whole of March 19 be waived, and that the minutes be accepted as submitted.

Vote: Gollinger - aye Moran - aye Hurtuk - abstain

Bartolozzi - aye Long - aye Hagan - aye

5 ayes 0 nays 1 abstention PASSED

Mr. Hagan announced that Resolution No. 25-07 had been withdrawn from tonight's agenda.

MAYOR'S REPORT:

Mayor Bobst expressed her pleasure at introducing staff members, present this evening, who had played a role in the renovation of the David J. Cook Council Chambers now being enjoyed by all members of Council. Tom Krych's, the City Carpenter, whose ideas and efforts during the process were instrumental in shaping the project. Assisting Mr. Krych was Emil Rosol, in charge of all City buildings, who was responsible for many decisions and also was a great part of the project's success. Paul Thomas and Tom Belanger (who was unable to be present), worked on the project from its inception. Fred Hobson and Manda Jelovic (who arrived later in the meeting), had the huge job of insuring that the Chambers could be used weekly during construction and Jim Umerley, who insured that lights and exit signs were properly installed. All staff members present were enthusiastically applauded, and the Mayor acknowledged that their work benefited not only Council, but residents who were made to feel more welcome.

• Council President Hagan also expressed his appreciation on behalf of all Council members and residents.

Recent news accounts have reported that two pharmacies in Rocky River were held up at gunpoint by a woman who also robbed a pharmacy in Lakewood. A suspect has been apprehended and is currently in the City's jail. She will be arraigned in the morning.

A meeting which will be also be attended by Mr. Hagan, has been arranged with three post office officials, both local and regional maintenance, to address issues of property maintenance. Also to be discussed at that meeting will be the post office's planned changes in rates and size restrictions which could impact mailings including sewer billings from City Hall. The Mayor is hopeful that the City can make the next billing with its present system, and by December, a new system could be in place which will accommodate their machines.

Referring to the property at Bonnie Bank and Wooster, the Mayor thanked resident Kevin Connors for his assistance. She noted that the Law Director will report on that situation in his report.

The Kiwanis Club will sponsor its annual Pancake Breakfast this Sunday.

The Rocky River Presbyterian Church will host a concert of City Music Cleveland which will feature local artists and members of the Cleveland Orchestra. This program will be underwritten in partnership with Fairview Hospital. The Mayor observed that the music will be excellent, and the concerts are very well attended.

Recreation Director Patterson has reported that 250 ice skaters attended the final rink event. By this Friday, the rink will be converted to a soccer field for a tournament.

The tree ordinance has been drafted by members of the Beautification Committee. A new draft is now being reviewed by the Mayor, Mr. Koran, Mr. Beirne. The Mayor credited Mr. Linden with leading this effort. When finalized, it will be returned to the Beautification Committee and City Council.

The Mayor has received many comments about Rockport Shopping Center. As many residents are aware, parts of the property are empty, or soon to be empty, and others are leasing, month to month. The Mayor would like residents to know that the City has been in ongoing communication with the owner of the property as well as Target, for many months. A plan for redevelopment, including the Target property is moving ahead, but the owner has not shared details of the plans with the City at this time. Activities are ongoing, however, and even with the empty stores, the Mayor is hopeful that there will be positive developments by the end of summer.

The Center for Community Solutions has awarded a certificate of commendation for outstanding volunteer service to Mrs. Mary Jane Dawe of the Senior Center. Mrs. Dawe volunteers at the Senior Center, assisting residents with their Medicare forms. The Mayor commented that Mrs. Dawe is very knowledgeable, and she was very happy to see her important work recognized.

The Mayor wanted Council to be aware that Mayors of the West Shore Council of Governments have received a proposal from Cleveland State University entitled "An Assessment of the Need and Process for Consolidating Westshore Fire Services." The proposal is currently being reviewed by Chief Flynn and Safety-Service Director Linden, and discussions will be ongoing. Initially, Lakewood was not included, but has now opted to consider the plan.

In April, the City will begin its computer recycling program. Unwanted computers may be placed on tree lawns or brought to the transfer station on Lake Road for recycling.

Bids will be opened a week from Friday for asphalt, limestone screening and concrete.

Finally, the Mayor requested an Executive Session to discuss the purchase of property for public use under Article X, Section 6, Subsection (2).

MOTION:

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, at the request of the Mayor, that an Executive Session be held immediately following the meeting to consider the purchase of property for public purposes, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest under Article X, Section 6, Subsection (2) of the Charter.

Vote: Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

LAW DIRECTOR'S REPORT:

Mr. Bemer reported on the property at 3770 Wooster and thanked Kevin Connors for his assistance in keeping the City abreast of local developments. In the City's efforts to see that the property is maintained, rehabilitated and sold, the Law Director said that Inspector Pat Nugent has been vigilant, contacting Countrywide Bank, since the VA had rescinded acceptance of the title. Mr. Bemer read from Mr. Nugent's notes, relating how he had been passed from department to department until he came full cycle to his first contact. In the meantime, the Law Director has researched to determine that the Rocky River Municipal Court has jurisdiction over condemnation proceedings which will begin if there is no response from the bank by the end of the week.

Regarding the Quiet Zone, last week the Law Director and Mr. Linden spoke to City Engineer Mackay regarding his evaluation as well as that of Railroad Controls Limited (RCL). Mr. Mackay pointed out that although the City can apply for a determination that the City is under the Nationwide Significant Risk Threshold (NSRT) as provided by the FRA, per the warning by RCL, this would then be an annual process to assure that the City is still below the threshold. He felt that could be the reason that Supplemental Safety Measures (SSM) were suggested by RCL. He cautioned that Council and the Administration must be diligent to assure that it standard is met on an annual basis in lieu of spending more than $1 million on SSM's.

Mr. Bemer commented on developments as reported by the OML Legislative Bulletin, regarding Senate Bill 117, backed by AT&T. This bill would eliminate local control over cable and/or video competition agreements, giving that power of negotiation to the state. It would also eliminate PEG (public channels for local governments) unless the company is provided with 12 hours of programming per day, 365 days a year, with 80% not being reruns. Fees would also be impacted. He suggested contact with state senators to see that the measure is defeated.

The February report from Norfolk Southern has been received, noting that an average of 3.2 trains per day have passed through the City; the high of 6 was on the 10^th and the low was 1 on the 21^st .

Discussion: Regarding the Quiet Zone, Mrs. Bartolozzi asked if there is a cost to the re-application process for a Quiet Zone, beyond the paperwork required.

• Mr. Bemer noted that the original cost of $2800 had been waived by the railroad, but was unsure if re-applications could be made without cost.
• Mr. Hagan felt that this would be an annual inventory, not an application. Once the City is below the threshold, however, the Quiet Zone ceases and there could be a cost for re-application to reinstate the Zone.

Mr. Bemer agreed, but noted that this is a potential liability issue, hence the need for diligence.

• Regarding the Senate Bill for statewide franchises for video services, Mr. Gollinger suggested that a resolution be drafted to our senators in Columbus expressing feelings on SB 117. Mr. Bemer concurred. Mr. Gollinger encouraged the process to move forward.
• The Mayor noted that this legislation has some of the same attributes as the COPE bill presented to the federal government, which would provide standardized franchise fees. Right-of-way issues are also not addressed. Mr. Bemer said that it does touch upon ROW issues. If passed, the bill out undermine local right-of-way authority in ORC Chapter 4939 impacting home rule and the City's ability to prioritize what is in the right-of-way.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview, urged Council to vote in favor of Resolution No. 10-07 which supports federal funding for a West Shore corridor alternatives analysis.

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 will continue on hold until the approved minutes of the Planning Commission are received. For Council's information, however, he indicated that the measure had failed, 5-0. He asked the Law Director if that vote means special consideration is necessary as Council discusses the ordinance.

• Mr. Bemer responded that Council will hold a Public Hearing, and any modification to the Planning Commission's recommendation must have the votes of 2/3 of Council members. Responding to Mr. Gollinger's second question, he also confirmed that Council may approve modifications or variances of the request.

Mr. Gollinger asked, if, in the event that the request is modified, the applicant must begin the complete cycle again, beginning with a new ordinance, going first to the Planning Commission, then to Council.

• Mr. Bemer said that he believed the issue would have to go back to Planning. He will review the Charter and Code, noting that for variances, the applicant is barred from returning to the BZA for one year unless a substantial change is made.

Mr. Gollinger said he felt that the applicant may look for a way to accommodate its goal without the additional parcel.

• Mayor Bobst commented that if a different approach is tried, the one-year waiting period for return to the Planning Commission may not apply. Mr. Bemer agreed with the Mayor, indicating that if the application is withdrawn, it may be resubmitted with other plans.



• Mr. Gollinger reported that residents present at the Public Hearing may have had an impact on the decision of the Commission. Unfortunately, many of their issues of concern had nothing to do with the applicant. These are issues that are present without any action of the applicant.



• Mr. Bemer agreed, and has spoken with the Safety-Service Director concerning some of those issues of traffic control.

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 will continue on hold until additional information as discussed is received.

MOTION:

Moved by Mrs. Bartolozzi, seconded by Mr. Long, that Ordinance No. 24-07 be amended, accepting the revised Exhibit "A" attached.

Discussion: This amended exhibit includes a provision for a "track only" membership for seniors only at a cost of $90 per couple or $60 per single, as discussed at last week's meeting of the Committee-of-the-Whole.

Vote: Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

AMENDED 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"

2^ND READING

Moved by Mrs. Bartolozzi, seconded by Mr. Gollinger, that the rule requiring that Amended Ordinance No. 24-07 be read on three separate days be suspended, and that Amended Ordinance No. 24-07 be placed upon its passage:

Discussion: Mrs. Bartolozzi explained that this ordinance should not be delayed so that the new brochure can be printed and the new rates publicized and memberships sold.

Vote: Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

Moved by Mrs. Bartolozzi seconded by Mr. Long, that Ordinance No. 24-07 be passed as read:

Discussion: Mr. Moran thanked Mr. Patterson on behalf of many of the City's seniors including this provision and for keeping the price affordable.

The Mayor also noted that, as pointed out by Council last week, this would provide a good opportunity to market full memberships to those who come to use the track.

Vote: Gollinger - aye Moran - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 26-07 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH MACKAY ENGINEERING AND SURVEYING COMPANY FOR PROFESSIONAL CONSULTING ENGINEERING SERVICES, AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Hagan noted that Mr. Mackay will be at the next meeting of the Committee-of-the-Whole to discuss the proposal.

MISCELLANEOUS BUSINESS:

Mr. Gollinger indicated that the second item on the agenda of the Planning Commission concerned a continuation of the project behind the four homes at Detroit and Wooster and behind the Westlake Hotel. At the last presentation, the plan was for six units, and the preliminary review presented Tuesday has increased to 11 units. There were some challenges by the Planning Commission, and Mr. Gollinger wanted all Council members to be aware that this will be coming up before the Planning Commission and the BZA.

Mr. Hagan reported that a resolution has been received from Strongsville opposing the quarterly customer service charge on water bills imposed by the Cleveland Water Department. Mr. Hagan indicated that when his mother called the Cleveland Water Department, she was told that the $7.25 charge was to prepare and send bills. He suggested the Council members may wish to review the resolution.

Mr. Gollinger mentioned a meeting with an intelligent, attentive third grader, Madeline Rowley, from Kensington School, which he thoroughly enjoyed. He commented that the addition of local government to the curriculum was an excellent idea on the part of the teacher, and his session with Madeline, a straight-A student, was a good experience.

• The Mayor noted that other Council members had been interviewed or participated in activities to help teach the City's youngest residents about municipal government. She applauded Kensington's efforts and thanked all who participated.

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview, commented on an article in last Thursday's (3/22) Plain Dealer which reported on the large numbers of residents who have left Cuyahoga County. He expressed concern about Rocky River, noting that the article states that 80,000 residents have left the county since the 1990 census. He reminisced about the past of Rocky River and said that he would like to see good times here again.

Kevin Connors, 20061 Bonnie Bank, responded to Mr. Sokol's comments by pointing out that the exodus was from the entire county, and that he was proud to be a Rocky River resident.

As there was no further business by members of Council, the meeting was adjourned at 8:50 p.m.

_____________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council