CITY OF ROCKY RIVER

APRIL 3, 2006

The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:04 p.m.

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

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

Administration: Mayor Knoble, Mr. Linden, Mr. Koran, Mr. Patterson, Mr. Gottschalk

Law Director: Mr. Bemer

Press: Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

Tree lawn planting is progressing well; Lakeview, Forestview and part of Wagar Road have been completed. The Mayor has inspected the results and reported that the company seems to be doing a good job.

A meeting was held today of the Wastewater Treatment Plant Management Committee. The primary reason was to hear a request from Bay Village for a second flow and strength study. They felt that the study last year was flawed because of vandalism which caused an opening in the sanitary sewer in a Bay Village creek bed. Officials there felt that sufficient infiltration of storm water into a sanitary sewer had caused the results to be inaccurate, and they are willing to pay for a second study. This flow and strength study is the basis for apportionment of costs of the plant. The only issue remaining is whether Bay Village will pay directly for the study or reimburse the City of Rocky River.

An old records shredding day will be held on April 22, similar to the event last July. The truck will be in the parking lot by the Fire Department on that day from 9:00 a.m. until noon. The event will be announced in the newsletter which should be out late this week or early next week. There will be a limit of two storage boxes per person.

The central dispatch center held its ribbon-cutting ceremony last week. Mrs. Bobst and Mr. Gollinger were also part of the large turnout. The Mayor noted that at least two mayors of non-member communities were also present. The facility is now operational.

RTA has scheduled a meeting at the Don Umerley Civic Center on April 28 to hear input from the community on the possibility of a fare increase. The meeting will be at 6:00 p.m.

Cox Cable has contracted to broadcast Cleveland Indians baseball games this season. The games will be on Cox channel 58.

Discussion: Mrs. Bobst and Mr. Gollinger both commented on the ribbon-cutting at the central dispatch center. Mrs. Bobst thanked Mayor Knoble and the other mayors for their work in putting together this facility, a project that took almost four years. Mr. Gollinger also praised the state-of-the-art facility.

Following the Mayor's Report, Mrs. Bobst asked Ron Gottschalk, the City's computer and GIS expert, to come forward to discuss Ordinance No. 48-06.

• •Mr. Gottschalk explained that this ordinance authorizes the purchase of ten computers: three for the Building Department, 2 for the Police Department, 1 for the Service Department, 1 for WWTP, 1 for the Finance Department and a laptop and HVAC monitoring computer for the Recreation Department. Also to be purchased are three flat-screen monitors for the Police Department. The HVAC monitoring computer at the Civic Center regulates temperatures. The current unit dates from 2000 and needs to be replaced. All equipment will be purchased under the State Cooperative Purchasing Act and will be purchased from Dell Computer.

Mr. Moran asked about the uses of the laptop for the Recreation Department.

• •Mr. Gottschalk responded that they can be brought to the concession to check residents in and out. Passes and ID cards can also be produced on site. At the end of the season, they are used throughout the rest of the department.

ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR'S REPORT:

Mr. Koran reported first on residential developments:

Astor Place has four units remaining to be sold. The last building adjacent to the railroad tracks is under construction.

Beachcliff Row's first building of 11 units is nearing completion. Mr. Koran met with the developers and the architect, Mr. Larson, for a tour of the model on the far south side. He reported that they are attractive and predicts sales will rise when the interiors are finished and site cleanup with landscaping is complete. The developer plans to begin the second building located on the west side, in two months.

River Place,on Northview, has only one unsold lot.

Riverside, off E. Asplin, has only a couple of sites left. Unfortunately, there was a fire in a new, unoccupied house on the far south side of the development.

Grandview, on River Oaks, has been off to a slow start, but now sewers and other infrastructure improvements continue to go in, and the construction pace will quicken.

Hamlets West is almost complete, and sales are heating up. Hamlets East has been modified, with units being downsized to appeal to their target consumer, the empty nester. Construction will begin soon.

Throughout the City, residents continue to build additions to their homes.

In commercial development:

Beachcliff Market Square is taking shape. Planned tenants include Joseph Banks, Chico's, Aveda Institute, and First Watch. Mr. Koran was enthusiastic about the Aveda Institute which he said is more than a beauty store. It will have many stations to teach massage, skin care and other beauty-related arts. As to a timetable, the developers hope to have the shell complete by the end of May; in June spaces may be turned over to tenants; in September a "soft" opening by those businesses ready to go, and a grand opening in November, before Christmas.

The Once Upon a Time toy store is being remodeled.

The Silverthorne Gallery is moving to larger quarters close to Max's Deli.

Together with representatives of the Chamber of Commerce, Mr. Koran has met with the Downtown Merchants' Association in an effort to create communication among the three organizations. He felt it was a good introductory meeting, and hopes to involve them in the Taste of River show later this year.

On Center Ridge Road, the Westwood Town Center now has new stores open, Cici's Pizza, very popular with youngsters, GNC and Malleys' are also open, and a store new to Rocky River, Snippets, which provides haircuts for children, is also opening. Also on Center Ridge, a new sandwich shop, SAJ is open in the old Quizno's location on the north side. Interior Solutions is located at 21194 Center Ridge, and the Chase Bank is open in River Plaza.

In other matters:

• •3770 Wooster is back on the sheriff's auction for April 24. The minimum bid is $70,000.
• •The Mayor has mentioned that 2.8 acres adjacent to City Hall is available.
• •Regarding the church on Eastlook, two months have been added to the realtor's contract. There has been some interest.
• •Mr. Koran sent a letter to Norfolk-Southern, and was pleased that they responded quickly, cleaning up their property and removing outdoor storage.
• •The City has received a $75,000 grant from NOACA, and has two years to spend it on "soft" costs for the Lake Road project. This could include engineering, signalization studies, etc.
• •Bids for streetscaping were opened last Friday. With an engineer's estimate of $390,000, the lowest bid was just over $330,000. Mr. Koran was pleased because he was concerned about the expense of adding a decorative brick wall, suggested by Mr. Gottschalk, to the project.
• •Finally, Mr. Koran showed Council members sign-up sheets for the Chamber's Indians baseball outing and for the Taste of River event. For the latter, tables are $35 for a business to advertise or sell products or food.

Discussion: Mr. Gollinger asked about sales for Beachcliff Row. Mr. Koran said that as of now, one title has transferred. He also clarified a point for Mr. Moran, noting that Hamlets West has not changed. It is Hamlet's East which has been revised.

UNFINISHED BUSINESS:

Ordinance No. 29-06 : Mr. Gollinger explained that this legislation will change the zoning on the southeast corner of Ingersoll and Smith. Following this week's meeting, it will be referred once again to the Planning Commission for approval because of an issue of zoning classification in the original ordinance, O-2 instead of O-3. Mr. Gollinger does not foresee a problem because the zoning from which they approved the change is less onerous than the actual zoning.

Resolution No.36-06: This resolution, which authorizes participation in the ODOT Cooperative Purchasing Program was discussed and was on the Consent Agenda. (Consent Agenda)

Ordinance No. 38-06: This ordinance, approving a contract for the Detroit Road resurfacing was also discussed. (Consent Agenda)

Ordinance No. 39-06: This ordinance authorizes the purchase of janitorial supplies. This is a housekeeping ordinance. (Consent Agenda)

Ordinance No. 40-06: This ordinance has been read once and authorizes an agreement for owner representation services during construction of the addition to the Don Umerley Civic Center. Mr. Patterson explained that this choice followed a thorough process and the decision is that QCI is the most qualified to perform this important work.

• •Mr. Frost asked for further explanations of the criteria, since this proposal was the most expensive of the four received.

Mr. Patterson cited their previous experience in construction of recreation centers. Even though this may seem like a lot, it is 2% of the project, as opposed to 3% of the outdoor pool which went for owner representation. Some of the lower proposals spent fewer hours and additional fees would be charged. Mr. Mackay reviewed qualifications and rated this organization significantly higher than the other respondents. Personal interviews were also part of the selection process and QCI was judged most qualified for the job. (Consent Agenda)

MISCELLANEOUS BUSINESS:

Treats Pizzeria Request for Variance: This business is requesting use of a granted liquor permit in a Local Business zoning. Mr. Gollinger indicated that he had discussed this issue with the Building Commissioner. It is his understanding that the owners can appear before the BZA to request an exception to continue the use of a permit in this zoning. Mr. Gollinger noted that there are a number of permit holders operating in Local Business districts, some beginning before the Code came into being.

He further commented that he would like to discuss an update of the Code so that it more accurately reflects reality. He requested that Mr. Bemer review the Code, Section 1151.04 (Local Business District) to update the section, including the sale of alcoholic beverages in addition to soft drinks, etc. If the Code permits liquor sales in other districts, he would also like those sections reviewed. He noted that should problems arise, action may be taken at the annual renewal of licenses upon the recommendation of the Police Department.

• •Mr. Bemer responded that he felt the question was cogent, and stated that he would be glad to review it and provide language that is consistent with actual uses.



• •Mayor Knoble asked for a clarification of the situation for these business owners. Mr. Gollinger responded that at this point, based on discussions with Mr. Beirne, his impression is that the applicant should request an exception to the Code to utilize their license because they can then move forward in advance of Code changes. He noted that there are 20 permits being used in Local Business districts. The Mayor noted that there had been discussion of rezoning for this parcel to permit this use, but the last recommendation is that they seek an exception. As the owners are present, the Mayor felt they were owed an explanation, and Mr. Gollinger reiterated that he has advised them to request an exception.

Design Review Guidelines: Mr. Hagan explained that the guidelines distributed to Council members are from a local suburb. In keeping with Master Plan recommendations, this is an example of what can be done to assist future boards and commissions who are approving additions and new construction and would serve as a guide to what Council feels the Master Plan is seeking.

• •Mrs. Bobst agreed, referring to pages 108-115 of the Master Plan in which City-wide recommendations are made. The design review guidelines could complement the recommendations in the Master Plan. She asked that Mr. Gollinger's committee review the document and recommendations to consider how provisions can be incorporated.

• •Mr. Frost also agreed, citing a recent meeting of the Design & Construction Board of Review which he had attended at which the Board did not want to approve a project, even in the absence of protest from neighbors. A common standard is approval unless there is protest. A guideline such as this would give predictability to residents and consistency to decisions of Boards and Commissions.



• •Mr. Gollinger thanked Mr. Hagan for bringing the matter to Council's attention.

Project Lightspeed Update: Mrs. Bobst explained that she would like follow-up from Council members on comments received about the map recently provided by AT&T showing proposed locations for enlarged boxes which will be constructed to support Project Lightspeed. She suggested that information could be shared with residents who will be directly impacted. Noting that the Administration has received several requests to issue permits for construction, she opened the discussion.

• •Mr. Gollinger summarized the issue by reviewing recent events. He noted that Council had requested a map showing proposed box locations. The company responded with a map showing existing locations and a few initial proposed installations which have to be connected to existing boxes. He expressed concern that if the City approves their permits and they go forward, then their large investment will be the reason for more boxes. He commented that many boxes are not noticeable now because they are mounted on poles, but they will be when they are on the ground. He would prefer that they share with Council at this time how many will be required.



• •Mrs. Bobst also noted that the map is not complete, but includes only this round of the buildout.



• •Mr. Frost added that it would appear that the map shows about half of what they will need, which is lower than their original estimate.



• •Mr. Moran raised the question of competition and setting precedent with this provider. If another company should wish to install similar boxes, can they be refused? He feels that they are asking for a commitment from the City with out giving a commitment for the future.



• •Mr. Bemer agreed with Mr. Moran, saying that utilities have the right to use the right-of-way. He said that this is essentially new ground and that the City must tread cautiously.



• •Mrs. Bobst raised the question of abandonment of equipment if they should abandon this approach for a wireless one. She asked if this provision could be included in any contract signed with AT&T. Mr. Bemer said that if the City so chooses, it may be added.



• •Mr. Frost feels that with 33 present locations, AT&T will place a new box next to every existing, and that Council will hear from residents when the boxes are installed. Mrs. Bobst asked and was told that no neighborhood posting or notification is required for this construction.
• •Mayor Knoble explained that the Planning Commission approved this with one dissenting vote on the basis that they would be approved by the Administration for safety, line of sight and other issues. He cited locations where the boxes will be in front or side yards, but that this will provide competition for television services. He asked Council for action, a clear indication of approval or no approval for the issuance of a permit to proceed.



• •Mrs. Bobst asked for guidance for legal grounds not to issue a permit, or notification if the City is required to do so. Mr. Bemer will review the Ohio Revised Code (ORC) and advise Council and the Mayor.



• •Mrs. Bobst sees this as an issue of not hearing from residents, and feels that Council needs feedback before making any decision. Mr. Moran agreed, noting that the presently proposed buildout locations are in the least residential areas. The next series will affect more residents. Mrs. Bobst then wondered if, in the face of opposition, the company would stop and not cover the entire City.



• •Mr. Hurtuk asked where in the Charter it states that Council must approve or not approve and whether Council controls this process since it does not set policy. Mayor Knoble responded that he had raised the question as a courtesy, but if Council does not wish to consider it, he would act accordingly.



• •Mr. Frost said that he appreciated that courtesy. He noted that one neighborhood in his ward does not have a box near it (Orchard Park area) and wondered if the company will pick and choose areas to be offered the service. He suggested that the Administration go forward once it has a legal opinion.



• •Mr. Bemer said that any conclusion will be reached according to a balancing act. Changes in the ORC went into effect in July of 2002, and there is a dearth of case law. Section 4939.02 establishes a policy that the municipality has the right and obligation to promote health, safety, and welfare regarding access to public ways, it may not unreasonably deny access to a utility and must understand advances in technology, competition and opportunities for increased services. The challenge to the Administration is how best to address all needs.



• •Mrs. Bobst indicated that next week, she would like to provide direction to the Administration.



• •Mrs. Bartolozzi lives in an area with underground utilities. Residents with whom she has discussed the situation do not want boxes in their front yards as they find them very unattractive. She feels that perhaps a public hearing might be helpful as many residents want the video competition, but are unaware of the cost.

Bids for Don Umerley Civic Center Addition: Mr. Patterson came forward with Mr. Bernard Zofcin of Brandstetter Carroll Zofcin Inc., the City's consultant on the expansion project. Mr. Patterson explained that two bids were solicited, one for a General Trades Contract and a second for the pool. The engineer's estimates for the two projects were $6,425,000 and $1,375,000 respectively. Mr. Zofcin's recommendation is Infinity Construction at $6,891,000 for the General Trades Contract and Astro Pool Company at $1,019,800 for the pool. Mr. Zofcin explained that one lower bid was received for the first contract, but no bid bonds or affidavits were submitted as required.

Discussion: Mr. Gollinger asked about the bid of the lower company, noting that it would mean a great savings. Mr. Zofcin responded that this company was unaware of the requirements which spoke of a lack of experience and capability for a project of this magnitude. Further, this project would have to be rebid because the other companies submitted all required documents.

Mr. Frost asked about the experience of Astro Pool. Mr. Patterson indicated that Astro had built the City's outdoor pool and filtration system. Cold Harbor was the general contractor, but Astro had actually built the pool. He commented that he had found them to be very responsive throughout the project and its follow-up.

Mrs. Bobst asked about similarities with the outdoor pool. Mr. Zofcin noted that it will be a concrete pool with a stainless steel frame. Because of its size, it will not have the same gutter system. He indicated that stainless steel is easier to keep clean and to find leaks should they occur.

As there was a consensus of Council, Mrs. Bobst instructed the Law Director to prepare two ordinances for Council's agenda.

COMMITTEE REPORTS:

Finance Committee: Mr. Hurtuk commented that last week, Council had discussed the budget and requested the drafting of an ordinance on the estate tax. He expressed his appreciation to Mr. Thomas, Mr. Hagan and Mr. Bemer for their collaboration on the drafting of an ordinance which suggests an 80/20 division of proceeds and asked Council members to review the proposed ordinance and express their opinions so that recommendations can be given to the Mayor. He would like to move quickly on this matter.

NEW BUSINESS:

Ordinance No. 41-06, No. 42-06 and 43-06: These ordinances authorize the purchase of limestone, asphaltic concrete and concrete for this year. Mr. Linden acknowledged that a large number of ordinances which are brought by his department are housekeeping ordinances, and these three qualify for that heading. Limestone is used for sewer work, and the increase can be explained by rising fuel and labor costs. Asphaltic concrete is used for roads and sidewalks/ aprons. He noted that two plants are listed because the slightly higher price at one is offset by gas savings in picking up the materials. Also, being able to buy from both plants gives flexibility when one is closed. (Consent Agenda)

Ordinance No. 44-06: This ordinance amends the recently passed salary ordinance. Mr. Hurtuk will review changes with the Finance Director.

Ordinance No. 45-06: This ordinance authorizes the purchase of a new vehicle for the Senior Center to help residents with doctors' appointments and other commitments. As discussed during the budget hearings, it has been included in the budget, and the attachment explains the cost breakdown. (Consent Agenda)

Ordinance No.46-06: This ordinance was discussed at the last meeting of the Committee-of-the-Whole. It provides for the refurbishing of four scooters which will save about $51,000 over the cost of new vehicles. Mr. Linden recommends this as a way to make the scooters last another three years by which time he hopes there will be others with EPA approval available for the back yard rubbish pick-up program. Mr. Hagan asked if there are any other vehicles which could benefit from this refurbishing. Mr. Linden thought that three more would benefit when the time comes. Mr. Frost suggested that the City keep an eye out for discarded scooters from other cities. (Consent Agenda)

Ordinance No. 47-06: Mr. Moran has spoken to Chief Wagner and will present the information on changes to Section 139.01, "Composition" next week.

Ordinance No. 48-06: Mrs. Bobst noted that Mr. Gottschalk, who works with the computer system and the GIS system makes sure all new purchases are compatible and meets the needs of City departments. Working with the State Cooperative Purchasing Act saves City dollars. Mrs. Bobst indicated that in the coming months, she will hold a committee meeting about computer capabilities. (Consent Agenda)

MOTION:

Moved by Mrs. Bobst, 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, or for the sale of property at competitive bidding, 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 Frost - aye Hurtuk - aye

Bartolozzi - aye Hagan - aye Bobst - aye

7 ayes 0 nays PASSED

As there was no further business by members of Council, the meeting was adjourned at 9:32 p.m.

_____________________________ _____________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council