CITY OF ROCKY RIVER

APRIL 16, 2007

The Committee-of-the-Whole was called to order by Mr. Hagan, President of Council, at 8:03 p.m.

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

Mr. Long, Mr. Hagan

Absent: Mrs. Bartolozzi

Administration: Mayor Bobst

Law Director: Mr. Bemer

Press: Mrs. Mackenzie, Mr. Saylor

The meeting was opened with a moment of silence for those killed in today's tragedy at Virginia Tech and for the loss of Daniel Scherry, a U.S. Marine and Rocky River resident serving his country in Iraq. Following the moment of silence, the meeting continued with the Pledge of Allegiance.

MAYOR'S REPORT:

The County Board of Health has requested a meeting with City officials and members of Council regarding preparations for a flu pandemic. The Mayor suggested that Mr. Moran, Chairman of Council's Safety Committee and Mr. Hunt, who chairs the Environmental Committee might be interested in the short Power Point presentation which deals with plans currently in place and those for the future. Departments represented would include Fire, Police, Finance, Senior Services and the CERT Program. The Mayor will coordinate to set a meeting time.

Bids for this year's Sidewalk Program will be opened on Friday. Following review by Mr. Mackay, the City's Consulting Engineer, an ordinance will be forwarded to Council.

This Saturday, residents are invited to bring boxes of documents to be professionally shredded. The truck will be located next to the Fire Station from 8:30 to 11:30. Residents are asked to limit their materials to two regular-sized boxes.

Economic and Community Development Director Koran will be prepared to meet with Council at the next meeting of the Committee-of-the-Whole on May 7 to present priorities for implementation of recommendations of the Master Plan. At that time, recommendations regarding free standing commercial signs will also be presented. The Law Director has been working with Administration members to prepare those recommendations.

The Cleveland Yacht Club bridge will be closed on April 30 for repairs. It will re-open at the end of the day on May 1.

Finally, the Mayor requested an Executive Session to consider the a property acquisition for public purposes under Article X, Section 6, Subsection (2).

• •Mr. Gollinger asked if Mr. Koran will update Council on the status of the BP ProCare which is vacant and shows no signs that it will be revived.

MOTION:

Moved by Mr. Hagan, seconded by Mr. Hunt, that, at the request of the Mayor, an Executive Session be held immediately following the meeting to consider the purchase of property for public purposes under Article X, Section 6, Subsection (2).

Vote: Gollinger - aye Moran - aye Hunt - aye

Hurtuk - aye Long - aye Hagan - aye

6 ayes 0 nays PASSED

UNFINISHED BUSINESS:

Ordinance No. 6-07: Mr. Gollinger indicated that this ordinance will continue on hold. The issue will be discussed by the Planning Commission tomorrow evening, and the applicant may have an alternative approach which would resolve the issue. Having heard nothing official, the ordinance will continue on hold.

Resolution No. 10-07: Like the preceding ordinance, this resolution will remain on hold pending additional information.

• •Mr. Hagan mentioned that he had been contacted by Mr. Ed Prendergast, Director of Research & Communications for All Aboard Ohio!, supporters of commuter rail for the west shore area. Mr. Prendergast has requested time to present his case to Council members. Because Mr. Koran will be with Council on May 7, Mr. Hagan proposed an invitation to Mr. Prendergast for the following meeting of the Committee-of-the-Whole on May 21. As there were no objections, the presentation has been scheduled for 7:00 p.m. prior to the Committee-of-the-Whole on May 21.

MISCELLANEOUS BUSINESS:

Mr. Hagan proposed several topics for discussion at the next meeting of the Committee-of-the-Whole on May 7:

• Ohio Senate Bill 117 regarding cable franchising. In connection with this topic, there was also a communication from Walter & Haverfield accompanied by proposed legislation for Council consideration.



• Discussion of a resolution opposing the service charge imposed by the Cleveland Water Department. This has been recommended by several communities in recent correspondence.



• The Railroad Quiet Zone. This topic has been discussed, but the Administration is awaiting Council input as to the hours and type of Quiet Zone. Mr. Hagan noted that Council members had requested time to discuss the matter with their constituents.

President Hagan mentioned that if there are topics which Council members wish to discuss, they can be placed on Friday's published agenda if he is contacted by Thursday afternoon preceding the meeting of the Committee-of-the-Whole.

Mr. Hagan then raised the question of the application for the transfer of the liquor permit for Beachcliff Tavern. It was decided that a determination will be made when a current background check on the applicant is made by the Police Division. Mr. Hagan mentioned that he will not participate in that determination because he is acquainted with the new owners.

Mr. Moran reported that he had received a phone call from Karen Goodson of the Illuminating Co. advising him that her company will be in touch with homeowners who have an in-ground box on their properties and have installed landscaping near it. Any obstructions must be removed as the company is concerned about access to this equipment in an emergency. The area 3' on each side and 10' in front of the transformer must be kept clear. The company will use door hangers to ask residents to remove landscaping or have it removed by the company by May 15. He mentioned that there are such installations in West River and Christensen Estates.

Mr. Hurtuk thanked Council for moving forward with the two finance ordinances in his absence last week.

Mr. Moran also reported that he had received phone calls from seniors in his ward who are not happy with the new programs and changes in rates proposed by the Recreation Department in its recently passed ordinance. He suggested a meeting with Mr. Patterson and Mrs. Bartolozzi, chairperson of Council's Recreation Committee to discuss the issue.

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 36-07 and Ordinance No. 37-07: Mr. Gollinger noted that these two ordinances are the result of recent discussions about changes to the sign ordinance as it pertains to signage limitations on City property.

• •Mr. Bemer confirmed that it deals primarily with City property, but pointed out that the language of the proposed change would affect any public property, such as access to freeways.

Mr. Gollinger asked if these regulations would impede use of the Umerley Civic Center by civic or charitable groups or whether they would continue to be accommodated.

• • Mr. Bemer explained that directional signage would still be available. This ordinance will help to organize and control the amount of signage as well as the non-commercial political signage placed in the ground on Election Day. Regulations would apply to all civic and charitable organizations, governing when and for how long signs can be placed. It also addresses and clarifies political opinion signs on election day.

Mr. Gollinger asked if there are any considerations of community standards.

• •Mr. Bemer noted that he worked with Mr. Linden who has been dealing with signs around the time of political involvement for some time. He also wrote the section with a view toward Constitutional dimensions of content neutral provisions so that civil liberties are not impeded. Mr. Beirne, Building Commissioner, also reviewed these ordinances to insure continuity with his department and recommended that they be sent to the Planning Commission pursuant to the Charter. The ordinances will be referred when the cover page is redrafted to provide for referral to the Planning Commission.

Mr. Gollinger asked about the time differences between Paragraph 3 and Paragraph 4.

• •Mr. Bemer explained that any charitable or civic event would be allowed in any City facility, including the Senior Center. This provides some control over signs on City property as well as in the rights-of-way.

Mr. Gollinger suggested replacing the word "announcing" with "limited to" which would further restrict in terms of the 7-day advance for notification.

• •Mr. Bemer explained the use of "announcing". Mr. Gollinger requested consideration of "limited to" civic or charity-sponsored events.



• •Mr. Hagan further explained that, for example, an advance advertisement for the Kiwanis Pancake Breakfast could be posted at Center Ridge and Wagar, which would be covered in Paragraph 4. On the day of the event, directional signage on City property would be governed by Paragraph 3.



• •Mr. Bemer said that Paragraph 3 covers directions, including any signage for any type of event on the day of the event. Paragraph 4 is limited to charitable or civic events. He noted that there was no attempt to limit the announcements of those civic or charity-sponsored events, nor the use of the City's right-of-way..



• •The Mayor added that this applies to events held in the City's facilities, not to those held elsewhere.

Ordinance No. 38-07: (Distributed as an unnumbered draft) Mr. Hurtuk explained that this ordinance, distributed this evening, authorizes fund transfers, done from time to time during the year. Finance Director Thomas will be present next week to explain and answer any questions.

As there was no further business by members of Council, the meeting was adjourned at 8: 30 p.m.

________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council