CITY OF ROCKY RIVER

JULY 16, 2007

The Special Meeting of Council was called to order by Mr. Hagan, President of Council at 8:00 p.m.

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

Mrs. Bartolozzi, Mr. Long, Mr. Hagan,

Administration: Mayor Bobst, Mr. Linden, Mr. Thomas

Law Director: Mr. Bemer

Press: Mr. Saylor

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 74-07 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE REPEALING ORDINANCE 60-06, AND AUTHORIZING THE TRANSFER OF $2,300,000.00 FROM THE GENERAL FUND BACK INTO THE PERMANENT IMPROVEMENT FUND

2^ND READING

Moved by Mr. Hurtuk, seconded by Mr. Gollinger and Mrs. Bartolozzi, that the rule requiring that Ordinance No. 74-07 be read on three separate days be suspended, and that Ordinance No. 74-07 be placed upon its passage:

Discussion: Mr. Hurtuk indicated that because the City is in the process of completing the annual audit, it would be helpful to have this ordinance passed expeditiously so the audit can be filed.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi and Mr. Long, that Ordinance No. 74-07 be passed as read:

Discussion: Mr. Hurtuk referenced last week's discussion in which Law Director Bemer and Finance Director Thomas explained the reasons for this adjustment, which is for a past occurrence and is being done upon the recommendation of the state auditor as part of this year's audit. It will have no financial impact on current operations, but is an issue of documentation. Moving forward, this type of entry will not be needed. Since the issue was created by the state auditors, Mr. Hurtuk had asked for assurance from their legal office that this is the appropriate treatment and in response, Mr. Bemer and Mr. Thomas talked extensively with the state auditor's assistant legal counsel during the period prior to the framing of this ordinance. This week, Mr. Hurtuk spoke to Mary Beth Foley, Deputy Chief Legal Counsel of the auditor's office, who wanted to commend Director Bemer and Director Thomas for being so responsive and to express her support of the handling of this issue, in which she saw no evidence of a problem.

Mr. Hagan noted that Mr. Hurtuk had spent a great deal of time on this legislation when the original ordinance authorized the transfer in conjunction with the budget at that time and the handling of the estate taxes. In the final audit exit meeting, he felt that the auditors were less concerned because the funds were from estate taxes and not a special tax or a bond issue. The Permanent Improvement fund was not established for a specific encumbered reason, but historically, estate taxes have been considered for general operating expenses. Mr. Hagan noted that the City has accomplished many projects which benefited residents without additional taxes, e.g. part of the Umerley Center. Going forward, he confirmed that moneys received from the County will be split automatically at that time, which will alleviate any further legislation of this type.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 75-07 BY BRIAN A HURTUK

AN EMERGENCY ORDINANCE DECLARING THE NECESSITY OF A TRANSFER OF AN AMOUNT NOT TO EXCEED $2,300,000 FROM THE PERMANENT IMPROVEMENT FUND OF THE CITY TO THE GENERAL FUND OF THE CITY AND AUTHORIZING THE PREPARATION OF A PETITION REQUESTING SUCH TRANSFER AND THE FILING OF SUCH PETITION WITH THE TAX COMMISSIONER AND THE COURT OF COMMON PLEAS OF CUYAHOGA COUNTY, OHIO

2^ND READING

Moved by Mr. Hurtuk, seconded by Mr. Long, that the rule requiring that Ordinance No. 75-07 be read on three separate days be suspended, and that Ordinance No. 75-07 be placed upon its passage:

Discussion: Same as Ordinance No. 74-07 above.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mrs. Bartolozzi, that Ordinance No. 75-07 be passed as read:

Discussion: Mr. Hurtuk referenced the above discussion of Ordinance No. 74-07 and added that Director Thomas has distributed a timeline to members of Council. He noted that the division of 80/20 for the estate tax funds was determined by ordinance and may be changed by Council at any time.

Vote: Gollinger - aye Moran - aye Hunt - aye Hurtuk - aye

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

As there was no further business, the meeting was adjourned at 8:10 p.m.

__________________________________ _____________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council

CITY OF ROCKY RIVER

JULY 16, 2007

The Committee-of-the-Whole was called to order by Mr. Hagan, President of Council, at 8:10 p.m.

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

Mrs. Bartolozzi, Mr. Long, Mr. Hagan

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Press: Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The Mayor and Mr. Gollinger met this morning with representatives of the airport, an individual from Director Ricky Smith's office, two representatives of the FAA, an air traffic controller and the chief who has oversight of planning and other matters including noise abatement and noise monitoring. She indicated that it was a productive meeting, and commended a resident of Ward 3 on High Parkway who documented all aircraft which flew over that street including time, color, etc. This information will allow officials to track events at those times. Because of the closure of the runway for construction, flights will take off to the east for the next 90 days, which potentially means less noise for Rocky River residents. A report will be provided later this week based on the resident's information.

Regarding the newly expanded Homestead Exemption which has recently been signed into law, the Mayor recommended the County auditor's website, auditor.cuyahogacounty.us which has information about the program and the necessary forms.

The Mayor received information last Friday from the Governor's office on a new policy regarding the ownership and management of property along Lake Erie coastal lands. Among the most important changes in regulation of submerged land leases:

• •ODNR is currently working on a regulatory policy which will allow property owners to build structures along the coast of Lake Erie which could impact coastal lands will no longer be required to obtain leases for the land within their deeds which are beneath such structures. They will need permits from the ODNR Office of Coastal Management before commencing construction.



• •Consistent with the Governor's view that valid deeds should be honored, ODNR has determined that it is inappropriate to require deedholders to lease land of their own that they maintain.

A revision of Chapter 1163 has been provided by the Law Director.

Safety-Service Director Linden and Mr. Gottschalk have completed the 2007 street evaluation. Those with the lowest scores are in the greatest need of resurfacing. Involved in repairs will be not only what is above ground including curbs aprons and the street, but also the section below ground, including sewers and water mains. As resurfacing programs move forward, storm and sanitary sewers will be televised and water lines evaluated.

Later this week, the Mayor will meet with David Hart of D.B. Hart, the consultants who are studying the economic impact of the proposed Avon interchange. Following the very good meeting with NOACA, this will allow the City to receive information and air views on the economic impact.

A bid opening was held Friday for improvements at the WWTP. With an engineer's estimate of $3.1 million, bids ranged from $2.8 million to $4.1million. At this time, Kokosing appears to have submitted the low bid which is being evaluated so that an ordinance can be prepared for Friday's packet. The Mayor noted that Superintendent Harrington was pleased with their bid, not only as to cost, but also to their use of subcontractors who are familiar with work at the WWTP.

• •Proposals for WWTP engineering have been received and are being reviewed. The goal is to have an ordinance for Friday's packet, but this will depend upon the evaluations. If all goes well, the Mayor hopes to interview companies later this week.



• •There will also be an extension to the current contract for Metcalf & Eddy. Last year, a contract for approximately $485,000 was awarded. The proposed extension will not add to the cost, but it will extend the time period so that Metcalf & Eddy can complete the projects in progress. Detailed information will be provided with costs of each of the projects.

The issue raised by Mr. Jirsa last week of businesses which do not provide handicapped parking spaces is being addressed with at a meeting of the Law Director, Safety-Service Director, the Chief of Police and the Building Commissioner to review the list provided. Protocols within the Building Department for the resurfacing of the lots and the placement of handicapped lines will be reviewed.

• •The Law Director added that the meeting will be held on Friday.

Recreation Director Mike Patterson reported the receipt of two checks: from the Early Childhood PTA for $3000 to support an aquatics feature in the indoor pool; another from the Rocky River Jr. Women's Club for $22,563 for the indoor playground which was seen by Council members who were able to tour the facility this evening. The Mayor thanked both groups for their generous support of the expansion to the Don Umerley Civic Center.

Approximately 700 persons attended last night's concert in the park.

The Hole-in-One was very successful with 300 participants. The Mayor noted that four of the 10 golfers in the finals made it onto the green. There was a hole-in-one on Thursday which did not qualify for the grand prize, but Bob Potter was very excited to have done so well.

The Lake Road update meeting will be next week at 7:00 p.m. with Nancy Lyons Stadler of Parsons-Brinckerhoff leading the discussion.

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.

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 tomorrow evening's meeting. Mr. Gollinger will be in attendance to present the ordinances to the Commission.

Ordinance No. 73-07: Mr. Hunt indicated that this ordinance authorizes a two-year agreement with the Cuyahoga County Soil and Water Conservation District. According to Mr. Harrington of the WWTP, the EPA has directed the City to implement a stormwater management plan which includes public education. The CCSWCD would provide Public Involvement in Public Education (PIPE) activities which would educate the public on the best methods to protect public waterways and watersheds, part of the EPA program. Mr. Harrington feels that this is the most efficient and economical method of educating residents and, at the same time, fulfilling EPA requirements. Some communities have funded independent compliance and education studies. He recommended, however, that continuing with the CCSWCD would be the best course, as they are experienced. Mr. Hunt agreed. (Consent Agenda)

Ordinances No. 74-07 and 75-07 : Mr. Hagan indicated that these two ordinances were passed at the Special Meeting held earlier this evening.

MISCELLANEOUS BUSINESS:

President Hagan explained that a communication from the Ohio Department of Commerce, Division of Liquor Control has been received which states that all permits to sell alcoholic beverages will expire on October 1, 2007. Chief Wagner has checked existing permits and has said that his department has no objections. Mr. Hagan asked members of Council if there were objections, and noting none, stated that legislative action is not necessary.

• •A Notice to Legislative Authority has also been received in the matter of a new permit for Kanaanites LLC at 19129 Hilliard. Again, a police background check shows no objections. The clerk was instructed to return the form without objection.



• •The final Notice to Legislative Authority was received this evening in the matter of a new permit for Cleveland Bistros LLC at 19110 Old Detroit Rd. This will be held for further discussion next week.

COMMITTEE REPORTS:

S.A.F.E. Committee: Mr. Gollinger indicated that airport officials have a willingness to understand the issue, but they have acknowledged that they have other meetings with other communities which must be considered. He reminded everyone that the prevailing winds often dictate takeoff directions. He did agree that the resident input was valuable and will anticipate the airport response to the Mayor.

Planning, Zoning and Economic Development Committee: Mr. Gollinger acknowledged receipt of information regarding changes in the sign ordinances. He solicited Council input and opinions as to changes, expressing his goal to progress sufficiently for an ordinance to be read next week and forwarded to the Planning Commission for consideration during Council's recess.

Mr. Gollinger raised the following concerns:

• •In the exhibit, the size of the temporary business sign is larger than that allowed by the table at the end of the section.



• •Under 1163.06, Auxiliary Design Elements, he questioned the removal of (f), "Portable, free standing signs are prohibited", explaining that he would prefer to leave this wording and add exceptions where they are permitted. The Law Director felt that this would be unwieldy. This would lead to exceptions being listed in many other sections of the Code. Asked by Mr. Gollinger, Mr. Bemer said that he remains comfortable with enforcement and ability to control signs with this wording.



• •Mr. Gollinger noted one further point addressing the quality of the signs. In Section (5), he suggested the addition of the word "professional" with rendition of the proposed sign. In the absence of concerns expressed by committee members, he suggested keeping it as written.

Mr. Hagan suggested the possibility of further discussion at a committee meeting prior to a Council session.

Mr. Hunt agreed with Mr. Gollinger that some further fine tuning of the language may be indicated. A short discussion of the advisability of adding "professional" ensued, including restaurants which may use chalkboard to advertise short-term specials.

Mr. Hurtuk suggested that in light of the discussion tonight, it might be wise to take the time for a full discussion in committee to settle fine points. Mr. Hagan agreed, raising the issue of the enforcement of time limits.

Mr. Gollinger then scheduled a committee meeting before the meeting of September 4. He suggested that if Council members would notify him by e-mail or phone of concerns in advance so that it can be handled in a timely matter following the recess.

Finance Committee: Mr. Hurtuk reported that during the August recess, he will be meeting with the Mayor and Director Thomas to draft an ordinance to be introduced in September for the establishment of an audit committee.

NEW BUSINESS:

Ordinance No. 76-07: Mr. Hagan indicated that this ordinance will authorize a continuation of the City's participation in the Ohio Rural Water Association rating plan. The Mayor commented that this has worked well for the City in past years. The enrollment fee has not changed significantly, and may even have been decreased. (Consent Agenda)

Ordinance No. 77-07: Mr. Hurtuk commented that from time to time the Finance Department rebalances accounts. This ordinance will reflect the items passed earlier this evening at the Special Meeting. (Consent Agenda)

As there was no further business by members of Council, the meeting was adjourned at 8:45 p.m.

________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council