CITY OF ROCKY RIVER



SEPTEMBER 4, 2007





The Committee-of-the-Whole was called to order by Mr. Hagan, President of Council, at 8:08 p.m.





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

Mrs. Bartolozzi, Mr. Hagan

Absent: Mr. Long

Administration: Mayor Bobst, Mr. Linden, Mr. Koran, Mr. Patterson





Law Director: Mr. Bemer





Press: Mr. Saylor



The meeting was opened with the Pledge of Allegiance.





MAYOR'S REPORT:



The Mayor thanked and commended members of Council for all the work accomplished during Council's recess in August.



A resolution has been submitted honoring Jim Rokakis, a resident recently recognized as County Leader of the Year by American City and County magazine. With Council's agreement, the County Treasurer will be invited to a future meeting to be presented with the resolution.



AT&T representatives have notified the Administration that there will be maintenance and testing of the Bonnie Bank installation because additional phones and services have been added for residents of that area.



In October, significant changes in video competition will occur in the State of Ohio. As a result, AT&T is expected to launch Project Lightspeed and U-Verse in the City. In anticipation of this action, Mr. Bemer has been working on the right-of-way management legislation, and the Mayor has requested a protocol for sending requests through the Planning Commission so that residents are aware of buildout locations. Another impact of the new law is that it provides an opportunity for cable franchises, when competition enters the city, to decline to honor the terms of their agreements. She has asked Superintendent Shoaf for a summary of the services and materials provided to the schools by Cox Communications in anticipation of the approach to the City by Cox with level playing field issues. She hopes to be able to work with them to keep products and services intact. Their contract will end in 2008.



Today "Hometown Tours" on Channel 5, WEWS, featured Rocky River. Reporter Jack Marschall visited the City, interviewing residents and the Mayor and touring the City. The segment appeared this evening and will be repeated tomorrow morning.



The Mayor has been in touch with the airport concerning noise issues in two areas of the City. The airport will place noise monitors in the Westover area and on High Parkway. Following evaluation of locations, the monitors will probably be placed within two weeks.



Letters regarding handicap parking spaces were sent August 21. The Law Director and Building Commissioner have received several responses. Most business owners have been understanding of the City's position that this is a public service to make business owners aware of their responsibilities and obligations. At this time, there will be no citations.



The Mayor also asked Mr. Bemer for an update on the Wooster-Bonnie Bank property.



The Mayor reported that the City has received a communication from Norfolk-Southern regarding the Quiet Zone. City Engineer Michael Mackay and his office are working with the railroad, as there is a question about the train count, whether the average number of trains per day will be used, or the maximum number of trains. The average is less than five, but the maximum was eight on one day. The railroad indicated that it would be willing to work with the City once this issue is resolved. The count would directly impact the risk threshold.



As agreed, the City is helping the post office in its renovations by removing the bushes on the east and west sides of the property. The front bushes will also be removed and minor concrete work done. This will pave the way for the post office to repair and recoat the driveway and restripe the parking lot to facilitate ingress and egress. The fence installation on the east and west borders will commence on September 10. The Mayor thanked residents for their positive comments.



The Mayors and Managers Association will form a working group to focus on utility reform issues this fall. The Governor has presented an eight-point proposal regarding energy and utilities in the state and how they impact jobs and economic development. The Mayors and Managers hope to play a vital role in Columbus. Mayor O'Grady is the NOPEC representative and will represent the Association, but other mayors will also be involved.



Letters announcing to residents the 2008 Free Tree Lawn Tree Program will begin this week. This annual program is handled through the Beautification Committee, and the trees will be planted in the spring. Mrs. Costello of Director Linden's office has been working diligently with the Beautification Committee to prepare the proposed tree list which has five phases. The program will begin with Phase 1 and continue, depending on the level of activity and interest. Also indicated on the list is the tree which will be planted on each street.



Several meetings have been held concerning the Avon interchange on 1-90, with Howard Maier, the Executive Director of NOACA; also with David Hart who has completed an economic impact study for the interchange, and representatives of the Cleveland Clinic who are interested in development at the interchange. The City of Westlake has sent a comprehensive letter to NOACA. At this point, there is no indication of action which will be taken by NOACA in response to input from surrounding communities. The Mayor has expressed the City's views about additional retail and business space in an area where there are concerns about saturation of retail development.



The Don Umerley Civic Center grand opening will be Saturday, September 15. The pool is now closed; tonight was the doggy swim which is always successful. The sprayground will remain open, weather permitting.



The Senior Center has received another donation for its transportation program from the "Stepping Out" show led by Carol Silvay. From the proceeds, $750 was donated to this well-utilized program.



The 2008 budget process has begun, with the goal to have a draft of the 2008 budget for Council by mid-November so that there is time to review it before passage, hopefully, by year's end. The Mayor commented that the process last year served the City well, in terms of projects initiated early, and she thanked Council for its diligence and cooperation.



The Lake Road Reconstruction program is progressing well. A final meeting of directors will be held to make a decision about the striping. Mr. Mackay is continuing his efforts on the reconstruction portion which is east of the clock tower.



Finally, the Mayor requested an Executive Session under Article X, Section 6, Subsection 2 of the Charter to discuss the purchase of property for public purpose.

Discussion: Mrs. Bartolozzi asked about the American Sweetgum tree proposed for several streets under the tree lawn program. She said if those are the same trees as those on Middlepost, she advised another choice because the seedpods are large and a nuisance to clean up.



Mr. Hagan added that during Council's recess, the Westover project was successfully completed, on time and under budget. He said that he had heard nothing but good comments about the project and the contractor, Fabrizi Construction. Mr. Hagan also commented that on Labor Day, one of his neighbors had a drain problem. The City truck came to help him, and Mr. Hagan thanked the Service Department for working through the holiday.





President Hagan then called upon Recreation Director Patterson who was present to discuss Ordinance No. 78-07.



Addressing Ordinance 78-07, he explained that with the expansion of the Civic Center, it will also be necessary to expand vending services. In early July, requests for proposals were issued for service to the Center, as well as the ice rink. He noted that this does not include the beverage contract which is with Pepsi and is in effect for one more year. Mr. Patterson referred to the spreadsheet prepared as part of the ordinance to show that the figures from Metropolitan Vending were superior overall. A total of seven machines will be provided: three snack machines, two coffee machines, ice cream and food. Two coin changers and microwaves will also be provided. Presently this company provides a snack machine in both the Civic Center and the ice rink, and experience with them has been very positive, as they have been prompt in servicing the machines as well as in payment of commissions.





MOTION:



Moved by Mr. Hagan, seconded by Mr. Hunt, that an Executive Session be held immediately following the meeting of the Committee-of-the-Whole under Article X, Section 6, Subsection 2 of the Charter to consider the purchase of property for public purpose.



Vote: Gollinger - aye Moran - aye Hunt - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

6 ayes 0 nays PASSED







ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR'S REPORT:



Mr. Koran observed that the region is in a housing crunch which has affected many projects to be discussed.

On Center Ridge Road, Hamlets West is pretty much sold out. After construction of Hamlets West, Coral Company reduced the square footage and the price on Hamlets East. With six units up, Mr. Koran said they are selling, albeit slowly, but he is not concerned because it is a quality product and reflective of the demand for empty-nester housing in Rocky River.



River Plaza and Westwood Towne Center continue to have excellent occupancy.



Further along Center Ridge, Mr. Koran pronounced the new Westgate phenomenal. Rocky River's part, Lowe's, which is entirely in the City, is, surprisingly, almost complete. It is scheduled to open in November.



A meeting will be held soon with Wald-Fisher, owners of Rockport Shopping Center, to discuss a potential new tenant for the space which has been vacated by Target. Much remains to be done, but Mr. Koran is optimistic that they will come forward with a plan for the property. He hopes to have a report for Council by the end of the month. Also at Rockport, Performance Bicycle has opened.



Grandview on River Oaks has experienced problems. Hopefully, the Chandler Group will be on the site this week, as Mr. Chandler is trying to consolidate his financing to continue this project. Mr. Koran is hopeful that next week the roof will be installed.



The Chamber of Commerce has moved from Detroit to the Park West building on Center Ridge about a month ago. The space looks new and has four times the space at about the same rent. Some other tenants have also moved into the building.





In the Detroit and Lake area, another problem area is Beachcliff Row which continues to stagnate. There has been virtually no change since the last report. The third unit of eleven has been completed, with a different floor plan in the last model, but there have been no sales this year.



On Lake Road, Bearden's, the BP gas station and the American Legion property are all for sale. The businesses are doing well, and they are active in the community, but they are for sale.



Danny Boy's is now open on Sunday and they will attempt to obtain a liquor license so they can serve beer and wine on Sundays. This will require an initiative petition in that precinct and those residents will vote on the issue. The owners of Danny Boy's will pursue that course.



In Astor Place, the model is for sale. Others have been bought and sold or are on the market, but that project is pretty much sold out.



Taylor Motors has been demolished. The corner is owned by Madison-Marquette which is talking to companies interested in the use of that property.



The Pub is scheduled to be completed by the end of the month or in early October. The 5700 sq. ft. project still has much work to be done. A new patio has been constructed and the marquee in the front will be renovated by a company hired by the restaurant. The City has temporarily obtained the Beachcliff letters from the marquee which will be donated to the Historical Society. This is reminiscent of the street lights which were at Beachcliff Market Square which have found a new life at River Terrace and McDhurries' and Mr. Koran commented that they look terrific. He noted that Mark Rantala, a successful commercial broker, is the leasing agent for Beachcliff Market Square and is also the leasing agent for Rockport.



The project for the Hausler site will be on the agenda of the Planning Commission for October. Mr. Brickman has an option on the property. The plan features 11 units of attached town homes, each with a boat slip. He is having site problems, including easements, deed restrictions and other legal issues, but is moving forward.



Despite the housing crunch, additions are still being built at a significant rate. Residents are investing in their homes, and the Building Department is very busy. Demolition and new construction is also still occurring.



The Cuyahoga County Department of Development in conjunction with the County Planning Commission has sent the City a package of information stating that the City of Rocky River has two potential National Register Districts. One is Old Detroit Road; the second is the neighborhood north of Detroit to the lake, to the Rocky River, all the way to Bradstreet's Landing. The experts feel that it is eligible for a National Register District. The City will decide if it wishes to pursue that designation. The City can do nothing, create its own District, or create a National Register District which has certain advantages and disadvantages.



For the last couple of years, Cleveland Magazine has featured Rocky River in a special supplement. This year there will be another which will come out in October, and coincidentally, the theme is Historic Preservation.

Concerning the update to the Development Code, before Council's recess, an RFP was sent to 13 consultants recommended by other communities. Four proposals were received, ranging in price from $49,000 to $85,000. The time of completion ranged from 12 to 14 months. The Mayor, Building Commissioner, the Law Director and Director Koran reviewed these proposals and unanimously concluded that two deserved further consideration and interviews. Those were D.B. Hart, and Jacobs, Edwards and Kelsey in Cincinnati, a firm with which Mr. Koran worked in Euclid. The Administration has met with those consultants, a final proposal has been received, and a decision will be announced shortly.





An application will be prepared for the Community Development Block Grant Program. Safety enhancement is an eligible activity, and Lake Road is an eligible area. The maximum grant amount is $100,000 to pay for safety enhancements in the eligible area, which extends from Wagar east to the Lakewood line. The program manager has been supportive, pointing out that the City will have some advantage because of the matching funds for the project. Still, it is extremely competitive, with 50 communities competing for three grants.



Westwood Country Club will be totally demolished and a new $10 million facility built. For the next two years until the new facility is completed, the monthly luncheon of the Chamber of Commerce will be held at the Cleveland Yacht Club and the Board Meetings will be at the new Chamber office.



Regarding the Avon interchange, Mr. Koran believes that it will be built and will open 400 acres of vacant land for development. He feels it will have a huge impact on Westlake as well as an impact on Lakewood and Cleveland. He feels it will have a less significant impact on Rocky River because it is a self-contained community.



Discussion: Mr. Hagan commented that he found the National Register information interesting, but observed that the status may be restricting as to renovations or teardowns and rebuilds.

Mr. Hagan also requested that Mr. Koran and Mr. Bemer look at cities which may have a point-of-sale inspection, and their thoughts on the subject.





UNFINISHED BUSINESS:



Resolution No. 10-07: This resolution supports seeking federal funding for a commuter rail line in the Westshore area. Mr. Bemer has received written confirmation from Norfolk and Southern that passenger-related rail traffic will not impact the 1998 agreement, and Mr. Gollinger confirmed that this would be the communication that was awaited. Based on this information, he will consider reading this at the next meeting.

Amended Ordinance No. 36-07 and Ordinance No 37-07: Both of these ordinances deal with sign regulations. Mr. Gollinger reported that they were approved by the Planning Commission at their July 17 meeting. He plans to call for a vote at the next meeting.





Ordinance No. 78-07: Mrs. Bartolozzi indicated that Director Patterson was present and had discussed the vending contract authorized by this ordinance. (Consent Agenda)



MISCELLANEOUS BUSINESS:



President Hagan discussed the two requests for liquor permits which were distributed during Council's recess:

Sewer Maintenance and Rehabilitation Plan: Mayor Bobst reported that for more than a year, the Administration has been working on a Sewer Maintenance and Rehabilitation Plan. Director Linden and Mr. Mackay were asked to assemble the plan. Over the years, many studies and evaluations have been performed; these were reviewed as part of the preparation of this plan. The result of their work is a 20 to 25-year plan, or even longer, depending upon the necessary funding. The Mayor emphasized that this is the most serious issue faced by this community.



The importance is underscored by the storm of August 7, when widespread flooding occurred throughout the region. Rocky River was able to predict the impending storm so at 6:00 a.m., Superintendent Harrington put the WWTP into a storm mode, meaning that everything was opened to accept whatever water was collected. The rain began about 8:15 and shortly thereafter became so strong that at one point during the storm, 3.5" of rain fell during a 40-minute period. The WWTP capacity is 125 million gallons; during this storm the peak was 139 million gallons. The Mayor personally experienced the force of the storm and saw firsthand that this was enough to compromise the system. Since that date, the City has worked to identify problems, televising sewers and pursuing other activities designed to diagnose what happened during that time for as many residents as possible. One outcome of the storm was flooding in many parts of the community and erosion in Rocky River Park which resulted in the loss of land at Rose Point. The Administration is very serious about the City's role in diagnosis of where problems occurred and why. There have been no reports of collapsed sewers, but there are many inverted sewers. Crews have been jetting, and dye testing, particularly in the Valley View area. That continues as well as an aggressive program begun this summer, placing restrictors, replacing sandbags, in the catch basins, which has been very successful. Mayor Bobst indicated that this is a public and private partnership and the City takes its part very seriously.



The County is establishing criteria for programs to provide assistance to those who meet certain criteria and experienced flooding. Mrs. Costello has worked diligently on that aspect, and when information is available, it will be shared with residents.



In further action, the Mayor has set up a meeting with all the mayors of the WWTP district to discuss stormwater management, to find out what each community has done and is doing to deal with problems. Also on the agenda is a discussion of future plans and what can be done jointly, such as a downspout program which will remove downspouts from the sanitary sewer system. An updated Development Code will also help to address the problem, e.g. parking lot retention.



In the plan assembled by Mr. Linden and Mr. Mackay, the Valley View area is a priority. The Mayor pointed out that the WWTP has completed major capital improvements so that it can handle the output of the collection system. The aims of the plan are to upgrade the system, remove infiltration and enhance capacity. The plan begins with a large project in the Valley View area which consists of those homes whose flow by gravity goes to the Lakewood WWTP. The City believes there is a great deal of infiltration in that area and the plan also calls an upgrade of the system as well as repair to the lower pump station. If successful, the City will be saved the necessity of building its own pump station to send the flow to the Rocky River WWTP which would mean not only building the pump station, but increasing capacity going down Wooster Road, which narrows into an 8" pipe. That would have to be addressed before the flow from the 109 homes could be sent to the Rocky River WWTP. The Mayor has asked City Engineer Michael Mackay to submit a grant proposal to Ohio Public Works for this $4.5 to $5 million project. The project has been discussed with Lakewood, and the Mayor has heard no objections. A resolution to move forward to secure funds will be brought to Council before the end of the month. Included in the project are repair of the sewer through the Metroparks, upgrades to the pump station, and separation of inverted sewers on Shoreland, High Parkway, Edgewood, Valley View and Winfield (about 4700 lin.ft).



Other areas which need attention are the Hampton Rd. interceptor, Spencer, Westway, Westmore, Magnolia, Story, and Morewood. Replacement of inverted sewers will improve conditions on Avalon, Beach Cliff, Eastlook, Malvern, Morewood, and Beaconsfield, etc.



There is a great deal more to the plan, and the Mayor requested the consideration of a separate meeting, perhaps through the Environmental Committee, to disseminate further details.



Current actions, in addition to what was mentioned earlier, include motor replacement at the Riverdale Pump Station and replacement of pumps at the Falmouth Pump Station.



This plan will require tens of millions of dollars and the Mayor pointed out that this is the reason she is discussing it in terms of 20 years, 25 years, even 30 years. She emphasized the importance of having a plan, noting that it must be flexible. Currently Finance Director Thomas is reviewing funding mechanisms such as a fee on the sewer bill which is specifically designated for sewer rehabilitation, replacement and maintenance to a number of other possibilities. In the future, a proposal for an ongoing funding source for this sewer plan will be presented to Council. The source will be used for debt service, but will not pay for the entire cost of the work. The funds will also be used as leverage when applying for grants or zero interest loans.



Finally, the Mayor emphasized once more the importance of the plan and thanked Director Linden whose knowledge, experience and hard work that made formulation of the plan possible.



Mr. Hagan thanked the Mayor and Director Linden. He acknowledged the importance of addressing the infrastructure, noting that many residents do not know or think about the sewer system until it affects their neighborhood. He further acknowledged the importance of the work done on Wooster Rd. which minimized damage in his ward during the storm of August 7.



COMMITTEE REPORTS:

Planning, Zoning and Economic Development Committee: Mr. Gollinger reported that his committee had met this evening to discuss changes to City ordinances regulating projection and temporary signs. Mr. Greg Thompson from the Chamber of Commerce addressed the group with issues and concerns. He will present further information which will precipitate a meeting with the Law Director and the Economic and Community Development Director to review the language presented to Council so that some form of legislation can move forward at the earliest possible time.

NEW BUSINESS:



Resolution No. 82-07: Mr. Moran indicated that this resolution authorizes Chief Wagner to file an application for a D.A.R.E. grant. This program has been successful and is very important to the community. (Consent Agenda)





Ordinance No. 83-07: This ordinance authorizes an agreement with WEB communities and the City of Cleveland for services of the bomb squad and/or SWAT units. There have been situations this year which require that different police departments work together. Mr. Moran commented that Council support is necessary for the peace and safety of this community and those surrounding. (Consent Agenda)





Ordinance No. 84-07: Mr. Hunt explained that this ordinance authorizes the purchase of two Ebara pumps to replace those at the Falmouth Pumping Station. These repairs are necessary as part of an upgrade to the City's sewer system, as presented by the Mayor this evening. This is an emergency repair and do not need to go to bid and the pumps can be provided by only one local vendor. (Consent Agenda)

Ordinance No. 85-07: Mr. Hagan indicated that this ordinance authorizes the 2007 Crack & Joint Sealing Program. (Consent Agenda)



Ordinance No. 86-07: This ordinance amends the agreement for Central Fire Dispatch through the Westshore Council of Governments. Mr. Moran explained that it would add North Ridgeville to the program. (Consent Agenda)





Ordinance No. 87-07: Buyers have been found for used City vehicles through the usual bidding process and this ordinance authorizes their sale. (Consent Agenda)

Other resolutions distributed this evening:



Resolution No. 88-07: Mr. Hurtuk indicated that this resolution deals with improvements made to Plymouth Road and the assessments connected with the project. This is an annual resolution until the assessments are paid in 2009. (Consent Agenda)





Resolution No. 89-07: Mr. Hurtuk mentioned that this is also an annual resolution which is an effort to collect delinquent sewer accounts through the County Auditor's office. (Consent Agenda)





Resolution No. 90-07: As discussed by the Mayor during her report, this resolution honors a resident who has recently received a prestigious award. He will be invited so that the resolution can be presented. (Consent Agenda)











As there was no further business by members of Council, the meeting was adjourned at 9:28 p.m.











________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council