CITY OF ROCKY RIVER

APRIL 21, 2008

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

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Mylen, Mr. Furry,

Ms. Arabian, Mr. Long, Mr. Moran

Administration: Mayor Bobst

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The free tree lawn program began today with plantings on Westover. By mid-afternoon, 48 trees had already been planted. The program will continue at full speed until all the trees are planted.

On Friday, an Arbor Day planting will be held in front of City Hall at 11:00 a.m.

On May 10, the annual garlic mustard pull at Elmwood Park will be held from 10:00 until 12:00.

This Saturday is community shredding day. The truck will be between the Fire Station and the Senior Center from 8:30 until 11:00 a.m. Residents are asked to limit their materials to two boxes.

On Thursday, the Office of Coastal Management, which is part of the Ohio Department of Natural Resources (ODNR), will host a public meeting at the Don Umerley Civic Center to receive community input on the administrative code rules for managing construction projects and other improvements along the Lake Erie shoreline, including submerged land leases and coastal structure permits. These rules are available on the ODNR website.*

The Quill is now being mailed. The Mayor pointed out that this Senior Center publication announces a great variety of activities including entertainment, social gatherings, educational classes, and travel opportunities. She invited Council members to look over the offerings.

The City has been working with the Lakewood & Rocky River Joint Veterans Council which organizes the Memorial Day ceremony, including the parade and the cemetery program. This

*This meeting was subsequently cancelled.

year, they have secured an aerial flyover by the United States Air Force on May 26 from 10:30 and 10:50 a.m. The Mayor commented that she would like residents to be aware that these large planes will be flying very low, about 1700 ft., and they will be very loud. This will be a special event, but the noise could be unsettling to some residents.

Cox Communications has notified the Mayor and the Law Director that they are pursuing a statewide video franchise agreement. Their current agreement with the City will expire on December 31, 2008. Further, because Cox will discontinue channel 45 service beginning May 1, the Mayor will contact the schools. As with AT&T, information regarding a franchise fee will be forwarded.

On Monday, April 28, the Learn to Swim program registration and pool pass sales will begin. Because swimming classes are so popular, this is always a very busy day for the Recreation Department.

Also from the Recreation Department, the Father-Daughter dance was held this weekend with a record-breaking number of fathers and daughters attending.

On Saturday, the first Teen Job Fair was sponsored through the Teen Room at the Don Umerley Civic Center. Potential employers spoke with about 125 teens. The Mayor thanked Sandy Sill who coordinated the event with assistance from the Chamber of Commerce.

Finally, the Mayor showed Council a beautiful new snow shovel and gift certificate received by the Police Division from an employee of Ingersoll Hardware, sent to thank officers for all they did during the weekend of the 20" snow. The police were able to dig out many cars-the Mayor said they stopped counting after 75. She said she wanted to acknowledge residents' thoughtfulness and expressed appreciation that the Administration and Council can serve in this kind of community where employees work hard for residents, and their efforts are appreciated.

UNFINISHED BUSINESS:

Ordinance No. 36-08: Mr. Shepherd indicated that this ordinance, adding right-of-way legislation, was referred to the Planning Commission and was considered at its last meeting. Mr. Bemer reported that at Tuesday's meeting, the ordinance was recommended, and their minutes should be forwarded shortly.

Ordinance No. 44-08: Mr. Hunt explained that this is the first of two ordinances which will authorize the much-contemplated purchase of the "back land" of the Wallace/Brewer/Metzger properties along Wagar Road. This is a unique opportunity to control the properties' future use, but the Administration and Council members, mindful of the City's budget, have not agreed to the purchase until a price could be negotiated which is fair to all parties. As next week will be the third reading for this ordinance, he will bring the matter to a vote.

• •Mr. Moran said that he had spoken with a former councilwoman who was involved in discussions of this purchase for the last two years. She said she was glad to see the purchase go forward, particularly at this price.
• •Mayor Bobst added that this purchase does not include the northernmost parcel of land. She also pointed out that at this time, there is no stated purpose for the use of that property. Although many suggestions have been made, at this time, there are no specific plans for the development of this property, and future plans would be communicated to residents before development.

Ordinance No. 45-08: Mr. Hunt indicated that this ordinance is the companion to the ordinance just discussed, authorizing the purchase of the southernmost property on Wagar which is contiguous to the City Hall campus. This property purchase would give the City frontage on Wagar Road which may be very useful, depending upon the ultimate use. Mr. Hunt indicated that, as with the previous ordinance, negotiations have made this a win/win proposition for the City and the seller. Again, no specific purpose has been proposed for this property.

• •Mr. Moran noted that only positive comments on the purchase have reached him. The ordinances will have a third reading next week. He reiterated that at next week's Legislative Meeting, residents will have the opportunity to speak on two occasions, about any proposed ordinance, or any other matter they wish to raise.

Ordinance No. 51-08: Mr. Shepherd indicated that this ordinance is the result of a review of the right turn on red legislation; three new intersections have been added to the list of prohibited turns and four intersections have been removed. For school-related prohibitions, the hours have been changed to be effective only in the morning and afternoon because children no longer go home at lunchtime.

• •Mr. Moran added that comments have been received from residents regarding stops at traffic lights where there are no pedestrians. Opinions were also solicited from the police and from school guards.



• •Mayor Bobst noted that this legislation has been forwarded to Dr. Shoaf for his review and that of the School Board.

There will be a second reading next week, and the ordinance is projected to have three readings.

Ordinance No. 53-08: Mr. Moran indicated that this ordinance will authorize changes in appropriations, particularly to allow for the purchase of property. Mr. Moran will seek passage, especially if the property purchase ordinances are passed.

MISCELLANEOUS BUSINESS:

Pre/Post Construction Erosion and Riparian Setback-Storm Water Management Legislation: Mr. Bemer indicated that there has been significant discussion of this EPA-directed legislation that concerns erosion control, riparian setbacks, and impact on waterways by storm water runoff. Instrumental in these discussions have been City Engineer Michael Mackay and Engineer Kim Kerber of his office, consultant Joe Koncelik, Building Commissioner Kevin Beirne, and Safety-Service Coordinator Mary Kay Costello, who have met with Mr. Bemer on a regular basis since winter.

Mr. Bemer said that it is important that anyone contemplating new development, including property purchasers and developers have clear knowledge of the impact of pre/post construction legislation, the first section of the proposal, because this will make a significant difference in the way construction projects are priced and bid, as well as developed.

The second legislation concerns the riparian setback and affects all property owners contiguous to waterways in Rocky River, including lakefront property, the Yacht Club basin, and Spencer Creek. This legislation may not be without controversy, so documents have been prepared in draft form in order to provide the best opportunity for both an enlightened dialogue for and with City Council as well as the public. Mr. Bemer suggested a public meeting prior to the drafting of legislation in order bring Mr. Koncelik and the engineers and present an overview of this EPA-directed legislation. He would also like an opportunity to inform the public of the impact on their property in the future.

As in the right-of-way legislation, there is an alternate proposal to the extreme setbacks suggested by the EPA, which is to become a "green" community. Any additions that would affect property greater than one acre would have a significant setback, at present, 120' (the EPA suggestion is 300'). One way to manage storm water as it runs into the Rocky River is to go "green", meaning that housing and construction additions would require porous materials so that water would seep into the ground table. This would include requiring such measures as the use of porous concrete and green roofs (grass and plantings that would absorb rainwater). These proposals could be discussed at a 6:30 p.m. public meeting next Monday.

• •Mr. Moran asked if there are options to EPA directives.

Mr. Bemer responded that the City has an EPA permit that allows runoff into the lakes and rivers, and the agency will neither approve nor disapprove of this legislation. However, at the time of the City's audit, it is imperative that this legislation be in place. The City's permits are on a five-year cycle and five years ago, this setback legislation was proposed by the Ohio EPA. Responding to another question from Mr. Moran, the Law Director indicated that Ms. Kerber was the primary drafter of the first legislation and Mr. Koncelik was the drafter of the second.

• •Mr. Furry asked about the changes which might be made to any legislation in view of the City's NPDES license which expires on July 31, 2010. Mr. Bemer said that it would have an impact.



• •Mr. Moran asked if changes or rewording of provisions are possible in this legislation. The Law Director said that changes are possible. There has already been so much debate, particularly over the riparian setbacks, that it was decided to present it to City Council and open the topic to public discussion because it would impact development and current property owners. He said that he would encourage discussion and questions.



• •Mr. Hunt asked if the impetus of this EPA mandate is toward rural areas. In looking at model ordinances on the internet, he had the impression that the legislation is geared toward cities unlike Rocky River with its bulkheaded river.

Mr. Bemer agreed, but pointed out that agricultural runoff is excluded in the EPA model legislation. He observed that the concern is not primarily chemicals, but natural wildlife habitats in the lakes and rivers. A great volume of storm water runoff causes churning of the water which disturbs the habitats. This is the focus, not so much pollution issues. The City is concerned with the interests of residents to utilize and upgrade their property which must be balanced with the environmental issues that need to be addressed.

• •Mr. Mylen asked if Mr. Bemer has spoken with neighboring communities. Mr. Bemer responded that he has spoken with Lakewood and Bay Village which both have consultants, but are going in other directions. Rocky River's consultant has provided legislation for Fairview Park and Middleburg Heights.



• •Mr. Shepherd asked if the EPA permit is for the Wastewater Treatment Plant.

Mr. Bemer said that the WWTP is affected by that permit, but it is concerned with all runoff through storm water systems. Asked if the permit is necessary for operation of the storm water system, Mr. Bemer replied that the City must be in compliance with their rules and regulations.

Mayor Bobst added that storm water management is relatively new, and the EPA has not yet begun to audit cities. Rocky River has been involved in public education and information. Mr. Bemer agreed, saying that this is a new program. As yet, there is no specific date by which legislation must be adopted. It must, however, be done before the EPA audit of the City so it is clear that the City is addressing the needs of the environmental directives of the EPA. Mr. Hunt added that the City's program is being conducted through the Cuyahoga Soil and Water Conservation District. Mr. Bemer also mentioned that CSWCD is the City's consultant for pre-and post-testing at construction sites.

Mr. Bemer went on to discuss the Portland Model. Portland was the first community to implement green construction control models. There is a standard used by them to calculate, based on the filtering process of storm water, to assure that it is absorbed by the ground rather than creating environmental disruption to wildlife. There are questions as to whether it will be effective here because of the significant clay base in local lands. There is sand at ridges (Center Ridge, Hilliard, Detroit), but all the land between the ridges is clay which does not filter water well at all.

• •Mr. Shepherd asked about ravines, and whether they are being addressed at this time. Mr. Bemer said he would need to look at EPA definitions. Mr. Shepherd also wondered if it is true that residential property which is less than one acre will be unaffected by this legislation. Mr. Bemer said it is true for the setback ordinance, and could affect some one-acre parcels along the lake. He is hoping to strike a balance between property use and the environment.

Further discussion of this topic will be held at next week's Public Meeting.

Mr. Moran reported that the water leak on Center Ridge Road has been repaired by the Cleveland Water Department. The Mayor noted that Rocky River does not control the priorities of the Cleveland Water Department.

Last Wednesday, Mr. Moran administered the oath of office to Mr. Richard Manoloff as a new member of the Charter Review Commission. Mr. Manoloff attended last week's meeting.

COMMITTEE REPORTS:

Environmental Committee: Mr. Furry indicated that he has received and reviewed the 2007 Annual Report of the Rocky River Wastewater Treatment Plant which serves Bay Village, Fairview Park, Rocky River and Westlake. He quoted impressive statistics from the report.

• •Mr. Moran reported on a newscast which urged area residents to participate in a "don't flush" campaign. At one time, residents were urged to discard unused medications by flushing them. Now, to keep pollutants out of Lake Erie which is fresh water, residents are being told, "don't flush".

Parks and Recreation Committee: Ms. Arabian attended the meeting of the Parks & Recreation Commission last week. She reported that the Commission was pleased that Council was able to pass the ordinance authorizing the purchase of playground equipment. Answering Councilman Hunt's question, the equipment will, hopefully, be installed by the end of the school year in early June.

• •In other business, changes will be made to the cost of the punch pass, a program which allows participants to purchase a specified number of classes at one time and attend as many as desired. At present, residents, non-residents and members all pay the same amount for the card; rates will be increased for non-residents and non-members.



• •A 52" television set has been donated to the Teen Lounge.



• •The family slide has been replaced at the indoor pool.

Community Coalition: Ms. Arabian confirmed that, as reported by the Mayor, the father-daughter dance was very successful. Other possibilities are being contemplated for mothers and sons. One idea is a Wii tournament which would be targeted to middle school age youngsters, 5^th through 7^th grades. This could be a fall event.

On May 8, the Exemplar Award will be given by Community Challenge to a special member of the community. This year's recipient is Mayor Bobst. The important community event will be held at the CYC from 5:00 to 7:00 p.m.

Lakewood Dog Park: Mr. Mylen asked the Law Director about the results of the hearing regarding the Lakewood Dog Park. Mr. Bemer responded that there was a telephone conference with retired Judge Nahra who asked that all parties continue ongoing dialogue. Another mediation conference has been scheduled for May 23. At present the status is unchanged, with nuisance and finance issues being unresolved. The legal process is also unchanged and is parallel with the mediation discussions.

Railroad Quiet Zone: Mr. Hunt asked if there is any updated information regarding the establishment of a Quiet Zone. The Mayor indicated that she has been working on this; Ron Reis, the FRA Director of Crossing Safety, returned her phone call, but she was not available. She did, however, leave a detailed phone message outlining the City's concern about the number of trains to be used in the FRA calculator-the average number per day or the highest number on one day as stated by Norfolk Southern. Although an FRA spokesperson has said the average number is the figure used, that must be confirmed by Mr. Reis. Another helpful fact is that Mr. Reis was active and involved with Congressman Kucinich's office at the time that the agreement with Norfolk-Southern was finalized, making him familiar with the tracks and the crossings.

• •Mr. Mylen said that the most common question he receives is the time frame involved in implementing the zone if the response should be favorable, i.e. the average number of trains is what will be used in the calculator. Some residents have asked if the zone will be established in three days or another short period of time. The Mayor said it probably will not be within three months, although there have been so few established, that the City does not know. Minor engineering projects need to be done for an upgrade (constant time warning) at Elmwood. Even if Supplemental Safety Measures (SSM) are not required, she would want safety enhancements at the crossings, e.g. striping, signs, community education before the step is taken. Further, the railroad would need to do some work. Following a response from Mr. Reis, the Mayor will then pursue the next step and the time frame for the establishment of the zone. Norfolk-Southern has also promised a system whereby the City's police and fire divisions would be alerted to oncoming trains.



• •Mr. Moran emphasized that safety is key. Even with a Quiet Zone, engineers have the right to sound the horn if they feel it is necessary for safety.



• •Mayor Bobst noted that there is still only one Quiet Zone in the state, although Vermilion (with 100+ trains per day) recently received $1 million in grants to establish its zone. The Mayor was also reminded of a political cartoon in a local paper last week which showed a bookstore displaying a title "Quiet Zone at All Costs" by P. Bobst. This is certainly not the case, and the City is taking its time to look at all aspects so that expenditures would be limited.

NEW BUSINESS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran reported the arrival of spring with the arrival of street sweepers in front of his home. The plows have been put away, and patching winter damage to roads is also proceeding.

Last weekend, the high school did a great job in its presentation of Smoky Joe's Café on Thursday, Friday and Saturday,

As there was no further business by members of Council, the meeting was adjourned at 9:10 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council