CITY OF ROCKY RIVER

JULY 2, 2007

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

Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hurtuk, Mrs. Bartolozzi,

Mr. Long, Mr. Hagan

Absent: Mr. Hunt

Administration: Mayor Bobst, Mr. Linden, Mrs. Calladine

Law Director: Mr. Bemer

Press: Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The Mayor opened her report by thanking all the volunteers who made "River Days" a great success. She said it was heartwarming to see so many residents connecting with one another, so she sent sincere thanks to all those who assisted civic organizations and City departments. The Mayor and WestLife reporter Ben Saylor were among the judges for 31 pies in a fun part of the day. Regarding the fireworks, she explained that they had to be postponed because the wind velocity increased suddenly from 3 mph to 20 mph, staying that way until 2 a.m. or later. The postponement date is August 12, which coincides with the last concert in the series held at Rocky River Park.

The Mayor noted the presence of Carole Calladine, Director of Senior Services, present to address Ordinance No 71-07 which adds the Senior Services Department to the Codified Ordinances.

The Lake Road Corridor meeting was held on Wednesday evening. Mayor Bobst explained that Rocky River has an "earmark" from the federal government flowing through ODOT for the reconstruction of Lake Road for the purpose of enhancing safety along this roadway.

The purpose and need for the entire project include:

• •Improving safety
• •Providing adequate capacity for vehicular traffic
• •Improving conditions for pedestrians and bicycle traffic along the roadway
• •Enhancing streetscaping
• •Complementing current and future development efforts
• •Assuring consistency with the community's priorities

Because the earmark is specifically for safety, a design exception to narrow lanes to 10' as seen today is not possible according to ODOT because it is not consistent with the safety issue. This means that it will no longer be possible to have four lanes on Lake Road. Presently, the preferred alternative is a three-lane configuration, westbound, eastbound and a center turn lane throughout the residential portion of the corridor. There will be fine-tuning as a result of last Wednesday's meeting on a number of issues raised. Parsons Brinckerhoff will present the revised plan with more parking in school and commercial areas. When completed, it can be presented to Council, if requested.

The Mayor, Mr. Linden and Mr. Mackay met this week with Alan Stadler of URS, the City's consultant working on the Yacht Club-Riverdale geotechnical study of the slope in that area. At the one-year point in the study, their report indicates noticeable movement in one of their meters. Measures of displacements in other meters are too small to form conclusive opinions. They recommend continued monitoring of meters to obtain information necessary to understand the magnitude and degree of movement. URS believes, however, that the movement is in the soil layer, not the rock layer which is positive news as it is much easier to address than in the rock layer. Their letter states their belief that another year of monitoring as proposed will enable them to provide recommendations to the design engineer so that the area can be addressed. The City is also considering a plan to potentially widen Riverdale as the results are awaited. The second year of the project is in the scope of the original contract and was expected.

On Monday, July 16, the Mayor will meet with FAA representatives and air traffic controllers in Airport Director Ricky Smith's office to address airport and airplane noise, particularly the fan-out procedure which is described in the S.A.F.E. agreement. If Council members have complaints or concerns from residents, the Administration would like to bring those matters up for discussion at that time.

This week, Economic and Community Development Director Kory Koran and the Mayor will meet with Howard Maier, Executive Director of NOACA (Northeast Ohio Areawide Coordinating Agency) specifically to discuss the impact of the proposed Avon interchange. Because Rocky River was not included in the D.B. Hart study commissioned by NOACA, the Mayor has requested an opportunity to discuss the impact to this community, both economic and otherwise and the process going forward. A final report and recommendations are expected soon, so the Mayor expressed appreciation for the opportunity to discuss these issues.

A new motorcycle, a 2008 Harley Davidson, will be received shortly in the Police Department. The lease is through a special program sponsored by the company with a two-year lease for $150 per month which will be paid by POPAS funds. Currently, the department has four riders, two patrolmen and two sergeants. With this new vehicle, another patrolman will be trained. This addition will be important in residential speed enforcement. Feedback from residents has been positive and many requests that the motorcycle be deployed with radar to monitor residential streets. With this second motorcycle, the department will have a greater presence.

On July 4^th, at Memorial Hall, there will be rededication of the Memorial Plaque which is next to the mural. The carving has been completed to include the name of L. Cpl. Daniel Scherry on the plaque. The family, together with commanders of joint veterans' councils will join in that rededication for a short ceremony.

The final plans are ready for the renovation of the post office parking lot. The Administration will meet with residents at 7:00 p.m. next Monday to review the plans and discuss specifics of the construction project. A contractor has been hired, and the project should begin in mid-July.

Providence House will send representatives to the Council meeting on July 23 to present a Community Promise Award. That presentation is scheduled for 8:00 p.m.

Director Patterson has reported that pool attendance figures through the end of June show that attendance and revenue have already surpassed figures for the first year the pool was open, 2005. This includes sales of passes, gate passes, attendance and concession sales but does not include any learn-to-swim classes or any special programs conducted at the pool.

Discussion: Concerning the Lake Road corridor, Mr. Gollinger suggested that Council hear the final presentation to clarify any issues that remain following the public meeting.

• •The Mayor agreed to schedule the presentation, noting that it should be as soon as possible so that the process can move ahead. She has the Power Point presentation, but if Council would like, she said she was certain that Nancy Lyons Stadler would be happy to make the presentation. It was agreed that the Mayor will try to schedule the meeting for 7:00 p.m. on July 16 or July 23 to answer any remaining questions.

Ordinance No. 71-07: Mr. Hagan called upon Senior Services Director Carole Calladine to come forward to discuss this ordinance which creates the Senior Services Department which is in existence, but not by ordinance.

Director Calladine explained that the purpose of the ordinance is to require that any changes to the department be made by City Council. This ordinance will not insure her employment; its purpose is to advocate for seniors that there be a Senior Services Department unless Council, at some point, feels that it is no longer necessary.

Mr. Hagan asked about the changes made to the exhibit.

• •Mr. Bemer began by noting that background material would be helpful. He indicated that in preparing this ordinance, he had communicated with other cities and reviewed other ordinances. Some included supervisory or managerial status. Initially, some were included in this ordinance, but it was decided that to allow for flexibility and discretion of the Mayor's office, the only one retained with the Director was Manager. At the time, it was considered to dovetail with the Seniors Council. In further discussions, it was decided that a better situation would be not to include the Manager. It is not that there is any thought to eliminating the position, but it would allow for flexibility. He added that similar legislation is anticipated regarding the Recreation Department. The Parks and Recreation Commission, the Recreation Department and Director are established by Charter, but not the department.



• •The Mayor added that another change was that the mission statement was set apart in quotation marks for clarification.

Mr. Hagan asked if the Seniors Council is currently existing as a non-profit organization.

• •Director Calladine responded that it is incorporated and it is a 501C3. The Council has been extremely helpful in advising and advocating, meeting monthly except August and December. It is a 12-member board which makes recommendations and is very helpful to the Senior Center.

Mr. Gollinger wondered if the Center would be better insulated as presently organized with a board rather than dependence upon Council.

• •Director Calladine responded that the Board acts only in an advisory capacity; they have nothing to do with financing except to help with fundraisers, volunteers and programming. Council, however, approves the budget request. Essentially, this ordinance insures that this department cannot be dismissed by a future Mayor who is unfamiliar with the benefits of this program to the community. Elimination of the program could only be done through the full Council.



• •Mr. Bemer explained that there had been, in an earlier draft, language recognizing the Seniors Council as an advisory board. That became problematic because this is a freestanding 501C3 corporation and it seemed incongruent to provide that with the umbrella of Council or City control.

Mr. Gollinger confirmed that the Senior Center receives direct tax monies.

• •Director Calladine said that it does, but those funds are channeled through the City.

Director Calladine also mentioned that the Senior Art Show, featuring 152 works of 57 artists is now under way and will continue for another two weeks. She invited everyone to join the fun and see what the seniors had produced.

UNFINISHED BUSINESS:

Resolution No. 10-07: Mr. Gollinger has not had confirmation of correspondence with Norfolk-Southern from the Law Director, so this resolution will continue on hold.

• •Mr. Bemer has spoken to Mr. Maestri and has promised a letter, but as yet nothing has been received.

Amended Ordinance No. 36-07 and Ordinance No 37-07: Both of these ordinances deal with sign regulations. Mr. Gollinger indicated that both ordinances had been forwarded to the Planning Commission for their review at the next meeting.

Ordinance No. 67-07: Mr. Long indicated that this ordinance was read for the first time last week at the Legislative Meeting. This ordinance will authorize the purchase of necessary repair parts for various City vehicles. (Consent Agenda)

Ordinance No. 69-07: Mr. Long explained that this ordinance will update the 911 emergency response equipment. When first installed in 1989, it was basically only for wire lines. As cell phones have become more popular, it is necessary to update the system to know how to direct assistance to cell users. (Consent Agenda)

MISCELLANEOUS BUSINESS:

Temporary Portable Signs in Non-Residential Areas: Mr. Gollinger distributed a summary of points to be included in the ordinances based on the initial draft received from the Law Department and previous discussions. He asked the Law Director to finalize two separate ordinances: one for projecting signs, the other for temporary portable signs. He said that his updated draft contains suggestions made by other Council members but is not in final form, and he asked the Law Director to express these ideas in proper legal form. He also invited input from other Council members, noting that the distance he cited, six feet, was arbitrary, and could be changed. He recommended setting a distance, however, because the City has no special zoning classification, and this will serve until such time as it does.

In the short discussion which followed, Mr. Gollinger indicated that, once finalized, any exceptions, even in existing signs, should be brought before the BZA for a variance.

The Mayor commented that Councilman Gollinger's material is consistent with the original draft presented to Council except for ARB review and attachment to a permanent sign.

Following the discussion, Law Director Bemer indicated that in the ordinances to be presented, he will try to preserve Council's intent and incorporate any additional material.

COMMITTEE REPORTS:

Safety Committee: Mr. Moran requested an update from Mr. Bemer on the new legislation which affects the way cities deal with sexual predators. He expressed concern about bringing the City's ordinances up to date.

• •Mr. Bemer explained that House Bill 241 applies to individuals who have been convicted of a sex offense and prohibits their living within 1000' of schools, playgrounds or any areas where children would be expected to congregate. The former law applied only to those designated as sexual predators by the court where the case was adjudicated. This bill eliminates the need for that declaration of sexual predator and would prohibit all sex offenders who are required to be registered from living within the 1000' radius of any location where children could congregate. The Rocky River ordinance complied with the ORC at the time of passage, but it should now be revised to make it consistent with this new law. He will check to see when it takes effect.

Mr. Moran said he believes residents are glad to receive notification when sexual predators move into their neighborhoods, and he would like to take whatever steps possible to protect children of the community. He will check further with the Law Director.

Mr. Hagan asked what enforcement powers the City has if an individual in this category is found residing within the 1000' limit.

• •Mr. Bemer responded that there is a two-way path to be pursued. One is criminal-a violator can be criminally prosecuted. Under existing statutes, it is a misdemeanor. This new bill makes it a felony. There is also injunctive relief. Any prosecutor or Law Director can go to court with a presumption of showing irreparable harm in order to receive an order to obligate the offender to move.

Mr. Gollinger confirmed that the law does not specify the neighborhood which can be inhabited by an offender as long as the 1000' injunction is met. He cited concerns from some areas within the City where concerns have been expressed to him.

• •Mr. Bemer said that Prosecutor O'Shea has met with the resident who brought this to the City's attention. The City is aware of this situation and will communicate with concerned residents.

NEW BUSINESS:

Ordinance No. 71-07: Mr. Hagan commented that Council has heard from Director Calladine and Mr. Bemer on this ordinance. The Mayor added that this ordinance has been reviewed for consistency going forward with the codification of the Recreation Department. As there were no further questions or objections, the ordinance was placed on the Consent Agenda.

As there was no further business by members of Council, the meeting was adjourned at 8:48 p.m.

________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council