DRAFT

CITY OF ROCKY RIVER

APRIL 19, 2004

The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:00 p.m.

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

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

Administration: Mayor Knoble

Assistant Law Director: Mr. Hotz

Press: Mr. White

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The top layer of the Wooster Road bridge over I-90 buckled last week. The bridge, under State control, was inspected by State engineers who cannot say why the failure occurred, but Mike Malloy, their bridge expert, has pronounced the bridge safe until scheduled bids for reconstruction are received in May. At present, traffic is restricted to one lane in each direction until further notice.

A sewer failure occurred on Avalon west of Elmwood. A City crew found large tree roots in both the sanitary and storm sewers which caused both to back up. It was handled on an emergency basis.

Wednesday morning, the auditorium at the Senior Center was officially inaugurated as the Joyce Waltz Umerley Auditorium in commemoration of her many years of service. Mrs. Waltz Umerley attended and spoke at the ceremony.

The search for a new Finance Director has begun. The opening has been listed on the Ohio Municipal League website and on a website for the Government Finance Officers Association. The Mayor has received calls and applications.

A new copier has been delivered to City Hall to rave reviews. The Mayor hopes that it will increase employee efficiency.

The Chamber of Commerce will meet this Thursday at Westwood Country Club.

The Recreation Facilities Task Force will meet with City Architecture on Thursday at 7:00 p.m. at the Pavilion.

UNFINISHED BUSINESS:

Amended Ordinance No. 46-04 and Ordinance No. 59-04: Both ordinances have been read once, and both have been referred to the Planning Commission for consideration at their meeting on April 20. Mr. Potterfield asked Council members with comments, ideas or questions to let him know before the meeting when it will be discussed.

Ordinance No. 54-04 and 55-04: Mr. Hurtuk explained that these are two ordinances included in the budget passed in March and provide for reimbursement of expenses for the Aberdeen project and the family aquatic center. Since he will be out of the area next week, he indicated he felt it would be appropriate to have both ordinances read for a second time with passage at the next Legislative Meeting, but he will check with the Finance Director and the Law Director to see if this will delay the project.

Ordinance No. 56-04 and 57-04: These ordinances deal with the Aberdeen improvement project, the construction with Fabrizi and contract administration to GGJ. Mayor Knoble has received a letter from Emil Fabrizi Jr., outlining the experience and qualifications of his firm, which was the lowest bidder. The Administration would like to see this project move forward so that it can be completed before the end of the construction season.

Mrs. Bobst has discussed with the Engineer the process selection for contract administration and resident observation. Mr. Lesiecki explained that traditionally, contract administration has been awarded to the engineering firm which prepared bid specifications because it makes sense that the firm which developed the plans and is familiar with the specifications should follow the project to its logical conclusion. The procedure is outlined in Chapter 145, and is followed by the Engineering Department. Mr. Lesiecki suggests adding contract administration, and where necessary, resident observation, to the scope of services in hiring an engineer at the outset of a project. In selecting an engineering firm from a list of pre-qualified proposals, cost determines who will be awarded the contract.

Mr. Potterfield wondered if, in the case where a single bidder is continually successful, we would wish to place a cap on the amount of business which can be awarded to a single firm. This would keep other bidders interested. Mrs. Bobst felt that the engineering firm best suited should be hired. She noted that some cities do that and some work with one firm who can handle a variety of work. Mayor Knoble mentioned that Fairview Park has no in-house engineer, but has MacKay handle all its projects. We have, in the past year, dealt with five different engineering firms.

Mr. Hagan asked about the services of a resident observer. Mrs. Bobst commented that an outside observer is required only when multiple projects are in progress and City employees are not available. Mr. Hagan will place these ordinances on the consent agenda.

Ordinance No. 58-04: This ordinance, which authorizes construction of a family aquatic center, will have a second reading this week.

Ordinance No. 60-04: This ordinance amends Chapter 958 by implementing new rules and charges for use of the gazebo in City Hall Park and Rocky River Park. This is in response to concerns expressed by residents who have been unable to use the shelter because non-residents came early to "save" it for later use. Under the new plan, residents will be able to reserve its use from Memorial Day to Labor Day, otherwise it will be on a first-come, first-served basis. Mr. Gollinger pointed out that reservations from non-residents will not be accepted until two weeks before the use date. Administration will be covered by the fees.

MISCELLANEOUS BUSINESS:

Proposed modifications to the sale of municipal property. Mrs. Bobst indicated that she would like to refer this to the Contract Committee. Revision of these rules would provide City Council with the opportunity to look not only at the lowest bid, but also at the proposal that is best for the City, both in short term and long term gains. This could be a very important tool in choosing what most benefits the City in the sale of its property, as the highest bid may not be in the best overall interests of the City. Mayor Knoble suggested contacting the City of Bay Village which just sold property it owns to be used for a restaurant. This was done without bidding, but by negotiations. Referring to an existing policy in Euclid, Mrs. Bobst noted that in that city, property may be sold to contiguous property owners.

Mayor Knoble remarked that this is a problem in the sale of the old pumper which was taken out of service because of a rusted subframe. Repairs would be costly enough to be impractical, so the City advertised in an attempt to sell it. Two bids were received; the highest was only $2000 and was rejected. The Administration would like to advertise the truck on E-bay to see if bids would be higher. Mr. Potterfield proposed that legislation set a minimum bid to recover costs of any expenses already incurred by the City. Mrs. Bobst referred the matter to Mr. Hagan and the Contracts Committee.

Pocono-Tonawanda-Hilliard Sewer. In 2001-02, occasional heavy rains would result in flooding along Tonawanda just south of Hilliard. This was partly because the sewers are flat and do not drain well. The issue was raised again when the reconstruction of Hilliard was being considered, but the Mayor thought it would be best to concentrate on the projects already planned without enlarging this one and do just what was necessary. The north side of Hilliard has been completed, and the south side is under way. In everyone's opinion, for a variety of reasons, it is time to fix the sewers in the this area where flooding is now occurring regularly during heavy rains. The Mayor commented that once the sewers on Hilliard were exposed, it became evident that the problem should be addressed now. It would be easier to obtain the proper manhole structures, and crews are now on the site. The estimated cost of rehabilitating these sewers would be over $150,000, as lots of pipe would have to be laid, from Hilliard, south on Tonawanda to Pocono west on Pocono to its end. In order to finance this, and because there are so many projects now planned, the Mayor proposed abandoning the street paving program this year, approved for $200,000. Because costs are high, not very much can be accomplished for that amount. Instead, the Mayor proposed that a change order be placed to allow the Tonawanda-Pocono sewers to be redone.

Mr. Hurtuk asked about the value of the present contract, wondering if the contingency might cover the work. The Mayor indicated that because of problems in the beginning of the project, we are already $30,000 over contract, so the contingency has been exhausted.

Mr. Potterfield is familiar with those streets. He explained that many streets, e.g. Goldwood, Gibson, parts of Laramie, all drain into Tonawanda, causing residences there flooding problems. This would be a welcome proposal and would allow additional relief to that afforded by the rehabilitation of the Hilliard sewers.

Mr. Hurtuk remarked that in years past, he thought the City spent in excess of $1 million on repaving. The Mayor pointed out that we will spend well over $1 million on the projects already planned or in progress. Mr. Hurtuk asked about future spending. The Mayor indicated that $1,484,000 is projected in 2005; $2.5 in 2006 (including Lake Road if the City is awarded a grant), and $1.2 million in 2007. We are 2-3 years away from repaving smaller streets, except for those made of concrete which the City can do on its own. If Council approves, the Mayor will calculate a running foot cost and negotiate with the contractor. Preliminary figures should be available soon.

Mrs. Bartolozzi asserted that the City should move forward with this project and fix these sewers even if it means delaying paving repairs. Otherwise, it will surface again, necessitating another project. A consensus was reached to proceed with the replacement of the Tonawanda/Pocono sewers.

Lake Road Development Site. The Mayor does not yet have the Phase I report. It has been delayed by questions that arose during the week as to a reliable source who can say if the site was ever used to dump garbage or rubbish, as opposed to construction debris only. If it was, it may be identified as a former landfill, which is not necessary if only construction debris was deposited. The final document is not yet available.

A proposal has been received from a surveying firm to perform necessary steps so that the plat can be split. Because of the stipulation at the last meeting of the Planning and Zoning Committee that no more money be spent on this property, the Mayor has not moved forward until Council approves the $3950 cost.

Mrs. Bobst thanked the Mayor for honoring Council's motion, and noted that no objections are being registered.

COMMITTEE REPORTS:

Safety Committee: Mr. Frost mentioned that the Working Group on Animal Control Laws will meet on April 28 at 7:00 p.m. in the Committee Room. Dogs at large will again be discussed and are now at the point where substantive recommendations will be made. Committee minutes have been distributed, and Mr. Frost urged Council members to review them. Any interested parties may attend the meeting on April 28 to express views.

Parks and Recreation Commission will meet Wednesday at 8:00 a.m. at the Pavilion.

Environmental Committee. Mr. Gollinger is exploring dates for a meeting with Mr. Beirne, the Building Commissioner, as well as inspectors, to further discuss rental inspections and fees. A memo has also been received from the City's inspectors which clarified points made at that meeting. Mr. Gollinger hopes to schedule a meeting within the next two weeks.

Planning, Zoning and Economic Development Committee: will meet on May 10 at 7:00 p.m. Under discussion will be sewer tie-in fees and the Lake Road rezoning.

Contracts - Government and Judicial Committee will meet on May 24. At that meeting, it is hoped that the Law Director and Mr. Koran can be present to assist in the discussion.

NEW BUSINESS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Hagan also asked if Chapter 145 would need revision if contract administration were to be added to the scope of services. Mrs. Bobst indicated that it would not because it is not a change in the basic process.

Mr. Gollinger attended the funeral of Jane Litzler Balla, Ph.D. at St. Christopher. Dr. Balla, an excellent teacher, was very involved with the Rocky River Schools. She was an initial participant in the Rocky River Community Challenge and her efforts in the community were certainly appreciated.

Mr. Hurtuk has received calls from High Parkway residents asking if anything can be done about the noise which carries up the hill to houses on High Parkway, Edgewood and Valley View from the dog park located in Lakewood. They say the noise is very irritating.

Mr. Frost said that he has had a lot of public input on dog parks. It is, interestingly, split about evenly between those in favor and those opposed.

The Mayor requested an Executive Session to discuss the compensation of a public employee.

The Northeast Ohio Association of City Councils will sponsor its spring forum, to be held at the Don Umerley Civic Center on Thursday, April 22, with registration beginning at 6:00 p.m. A plan to restructure county government will be discussed by a distinguished panel of experts.

The 2003 Residential Recycling report has been received. Our City has recycled 30%, or approximately the same percentage as last year, still above average in the area. The Mayor would like to improve the average, commenting that more publicity is needed to keep the issue before the residents.

The first quarter airport expansion report has also been received on CD rom.

The Recreation Facilities Task Force will meet this Thursday at 7:00 p.m. at the Pavilion to prepare for a second public meeting on April 27, both with City Architecture.

The Master Plan Working Group will meet on April 28 at the Don Umerley Civic Center.

An application for a new liquor permit by Riser Foods has been received. This will be for the new gas station. Mr. Gollinger stated that the City has typically not supported liquor sales in gas stations. The Mayor will ask Mr. Koran to investigate. The City has until May 13 to respond.

MOTION:

Moved by Mrs. Bobst, at the request of the Mayor, seconded by Mr. Hurtuk, that an Executive Session be held immediately following the meeting to consider the compensation of a public employee under Article X, Section 6, Subsection 1 of the Charter.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 ayes PASSED

Mr. Gollinger commented that he had had a call from a Ward 3 property owner who felt that he was under scrutiny by City Architecture concerns expressed in media quotes about property acquisition to comply with a Master Plan. He is having difficulty leasing space because people are concerned that something may happen, and the City may exercise eminent domain privileges or that the property will be sold. He was interested in some written reassurance that he could provide to his tenants. Mr. Gollinger referred him to the Mayor's office, but told him that the Master Plan is a road map, not a fact. Typically, in this City, development has been private, without the City's participation.

The meeting was adjourned at 9:13 p.m.

_____________________________ _____________________________

Pamela E. Bobst Misao Kurokawa

President of Council Clerk of Council

Please note: This is a draft copy of the minutes of the Committee-of-the-Whole of April 19, 2004. These minutes may be amended or revised at the next Legislative Meeting.