DRAFT
CITY OF ROCKY RIVER
SEPTEMBER 6, 2005
The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:05 p.m.
Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Koran
Law Director: Mr. Matty
Press: Ms. Payne
Mrs. Bobst announced that the meeting was being recorded by a resident.
MAYOR'S REPORT:
Mayor Knoble expressed sympathy to citizens affected by the Hurricane Katrina catastrophe. The losses were staggering. He has tentatively scheduled a meeting in the David J. Cook Council Chambers for Wednesday, September 14 at 4:00 p.m. to see what individuals in our community are doing to help the victims. On a national level, the Red Cross and Salvation Army are involved in collecting funds, and the City would like to see what thoughts are in the community. A request has been received from FEMA for two paramedics/firefighters for 30 days. The Mayor has met with Chief Flynn to see if there are volunteers and if the schedule can be covered so that the City is protected. The question remains under review.
Next week directors and officers will attend seminars on the National Incident Management System (NIMS). This program is being developed on a national basis to deal more efficiently and effectively with domestic incidents.
Severe storms occurred in the City on August 20 and 27, causing some power outages and other issues. On August 12, the Mayor had met with the president of CEI to review concerns of residents expressed through Mr. Gollinger and Mr. Potterfield in their respective wards. Residents noted that even a windstorm would cause a power outage for several hours and occurred frequently. The meeting started a flurry of activity. Michael Hrdy, Area Manager for CEI, will schedule neighborhood meetings with residents to hear issues. Causes may be equipment issues, e.g. a switch which needs replacement, and tree trimming issues. The Mayor is confident that the right people are now involved.
During the storm of August 20, people in the southern part of town experienced 4" to 5" of rain in two hours' time, while those to the north had approximately 2". Some of the water from Fairview Park flows through Rocky River. As a result of the storm on the 20th, a large bridge (private property) over Spencer Creek was completely swept off its base. There was also considerable erosion north of Detroit Road between the Detroit Rd. culvert and the Harwich culvert. Because of the damage, the Mayor exercised authority granted in the Code to authorize engineering plans and emergency repairs to prevent loss of homes. A contract with Geotech was approved for cement-filled bags to fill an opening which is continuing to erode the banks. Both sides of Spencer Creek north of Detroit will also be buttressed with bags, hopefully before another severe storm. The Mayor did not feel that this is a situation which can be neglected. He noted that $150,000 had been budgeted for work on the culvert, but the bidding process was suspended in this instance because of the emergency.
The Mayor also thanked Mrs. Whitman, the Human Resources Administrator, for her hard work on the kickoff luncheon for United Way. She and her committee solicited gifts for a raffle, which together with the luncheon, raised about $1000 for United Way before pledges. The Mayor praised her organizational skills.
As reported in the media, the Mayor and Mr. Linden have authorized Police Chief Wagner to prepare for a motorcycle unit. The idea was brought to their attention by Sgt. Kelly Stillman on behalf of officers who ride. The Mayor feels that this is a necessity for traffic enforcement to help on streets such as Kenwood. It will also have good PR value with the community. Funds are available in the POPAS account. He asked for a voice vote of confidence.
On August 25, the Mayor, Mrs. Bobst, Mr. Matty, and Mrs. Bartolozzi attended the fall sports rally. Rocky River is now a member of the WestShore Conference. This event, which kicked off the fall sports season, featured representatives from all 8 schools in the conference.
On August 31, the Mayor, Mr. Linden and Mr. Mackay attended a meeting with ODOT to discuss Center Ridge repaving east of Plymouth, Detroit repaving from Wright Avenue to the bridge, and the complete rebuilding of Lake Road. The Mayor reported that it was a good meeting and answers were received to many questions.
There was also a meeting September 1 with RTA to kick off the new routing structure in the area. The Mayor was pleased that RTA has accepted his input as well as that of Mr. Gollinger, responding to residents' concerns. He reported his satisfaction with the new schedule.
On the same day, he attended a meeting at Shaker Hts. City Hall with other mayors and Peter B. Sperry, a representative of Senator Voinovich regarding estate taxes and the possible impact of federal legislation and Ohio estate tax legislation. This tax is an important source of income for the City.
The pool will remain open through September 18 with slightly reduced hours. The Mayor expressed appreciation to Mr. Patterson who was able to schedule enough lifeguards. The sprayground, for preschoolers, will be open until the end of the month.
Following a serious accident which occurred at Morewood and the railroad tracks in August, the City erected stop signs at before the tracks. Soliciting resident opinions, the Mayor found that by a 3-2 margin, most residents were not in favor of the signs, so they have been removed. New signs have been added warning of the danger, and heightened police activity may keep speeders from accelerating over the tracks.
The Mayor then addressed the situation at Tri-City Park which served as a Nike site, and Martin's Park which housed radar and later, the Ohio National Guard. He explained that a candidate had raised a number of issues which raised fear among some residents. As a result, the Mayor scheduled a meeting for September 12 with a representative from the Army Corps of Engineers and the EPA to put these fears to rest and answer any questions, since the Army Corps of Engineers is responsible for closing down all military operations. Unfortunately, in the wake of Hurricane Katrina, the main presenter has been called to New Orleans. It has been necessary to cancel the meeting, and the Mayor has written to the residents involved to let them know. The Cuyahoga County Board of Health has completed a survey of the area's residents and has found no abnormal clusters of cancers within two miles of the site. He hopes that this information will reassure residents. When the representative of the Army Corps of Engineers is available, the meeting will be rescheduled.
This Saturday morning will see many events on the City Hall campus. The ever-popular "touch-a-truck" event will be held on Saturday morning as well as a Red Cross program, "Junk in Your Trunk" and a community health program at the Senior Center.
The Beautification Committee will begin its new year with a meeting next Tuesday, September 13 at 7:00 p.m. at the Don Umerley Civic Center. Interested residents are invited.
Next Wednesday, September 14, interested residents will meet at the junction of Wagar and Avalon to address traffic issues and concerns. This meeting will begin at 6:30 p.m.
In construction activity, the Mayor is pleased with the paving contractor now working in the City. With good weather, it should be complete within a couple of weeks. Locust has been finished and looks good. The tree lawns have been less successful, but the City is still working with the contractor to get something growing. It was, unfortunately, not a good year for growing grass.
Discussion: Mrs. Bobst suggested that there are many school groups and civic groups which are working for hurricane relief. She suggested that they be invited to participate at the meeting on September 14.
ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR'S REPORT:
Mr. Koran began his report by commenting on the highly successful first annual "Taste of River" sponsored by the Chamber of Commerce. Over 300 persons were in attendance, and next year, organizers are hoping to enlarge the event.
In October, the Chamber will sponsor its largest fund-raiser, the Business to Business Expo. It will be held October 13 from 2 to 7 p.m. at the Don Umerley Civic Center. Free tickets are available at City Hall and many other locations.
In residential development:
In commercial development:
Mr. Koran then discussed Code enforcement. He and Clayton Zell of the Building Department have been looking at problem areas and encouraging compliance with the Code. For example, they have succeeded in having the owner of a car repair shop finally apply asphalt to his parking lot. If Council members receive complaints from residents, they should be forwarded to Mr. Koran who will become the complainant, if warranted.
The local Sun newspaper will feature a section on Rocky River in October; and Cleveland Magazine will feature Rocky River schools and information about the Chamber of Commerce's Business to Business Expo.
Discussion: Mrs. Bartolozzi asked how the demolition project on River Oaks would impact traffic on the street. Mr. Koran said that he hoped it would not be too difficult to get around. The police department is aware of the project and will manage traffic. Further, the street may be wide enough for two lanes, even with some blockage.
UNFINISHED BUSINESS:
Resolution No. 133-04: This resolution adopts the Master Plan. Mr. Potterfield indicated that a public hearing was held this evening, and following final Council discussions, he plans to call for a vote on September 26.
Mrs. Bobst pointed out that additions can be made to the Master Plan, including minutes of the meetings of the Planning Commission and the Planning, Zoning and Economic Development Committee of Council. (PZEDC) She suggested that additions or deletions be forwarded to Mr. Potterfield who can then relay them to Mr. Koran and Mr. Volpe.
Mr. Matty emphasized that material may be deleted, added, modified or attached to the Plan. He pointed out that as a matter of mechanics, Council members must decide whether to change the original document presented by City Architecture or to addend the document with minutes to reflect any changes recommended.
A discussion followed in which suggestions were offered. Among them was to preserve the original document, but to add the minutes. Another was to add the minutes and annotate the original text to indicate where changes were recommended. Again, a summary was suggested which would capsulize recommendations for changes.
Mr. Matty indicated that it would be possible to add the minutes in Appendix F and G without changing the document.
Mrs. Bobst suggested that minutes of the meetings and motions be reviewed to see what and how many changes are recommended.
There was further discussion about whether to accept the document as provided by City Architecture or to amend or annotate it.
It was emphasized by Mr. Potterfield and others that the document is a conceptual document with ideas for future development, not a plan cast in stone.
There will be further discussion at the next meeting.
Amended Ordinance No. 86-05: This ordinance deals with maximum lot coverage. At the last legislative meeting, an amendment was passed to increase permitted coverage from 25% to 30% as recommended by the Planning Commission. Mr. Potterfield expects to have this ordinance read for the third time and call for a vote at the next meeting.
Ordinances No. 91-05 through 95-05: These ordinances, which authorize changes in the zoning or property maintenance code, have been reviewed by the Planning Commission and recommended. (Consent Agenda)
Ordinance No. 98-05: This ordinance prohibits storage of rubbish and garbage where it is visible from the public right-of-way. Mr. Potterfield expressed doubts that this is necessary in light of other ordinances being considered, and he was concerned that it might be difficult for homeowners to comply, particularly in summer with brown paper bags of yard waste.
Ordinance No. 110-05 and 111-05: These two ordinances have also been reviewed by the Planning Commission which will shortly forward its comments to Council.
Ordinance No. 112-05: This ordinance and the two following were prepared by the Mr. Linden, the City's Safety-Service Director. This one deals with the time at which rubbish may be placed out for collection. Two sections were added which outline the regulations. This was introduced before the August recess, and Mr. Gollinger has received no feedback so he will proceed. (Consent Agenda)
Ordinance No. 113-05: This ordinance deals with the preparation of rubbish for pickup. This, too has had no response, so it will proceed. (Consent Agenda)
Ordinance No. 114-05: This ordinance deals with the type of rubbish which is acceptable, excluding medical waste and radioactive materials. It prohibits the placing of garbage/rubbish on the tree lawn and specifies the type of container and its weight. Mr. Hagan clarified the new regulations concerning newspapers, asking if a brown paper grocery bag is necessary. Mr. Linden explained that papers may be placed in a container which is emptied, but may not be tied or packaged in plastic bags. (Consent Agenda)
MISCELLANEOUS BUSINESS:
SBC Easement Request: Mrs. Bobst referred to the letters received from SBC requesting easements to place additional cabinets on City property. She further reminded Council members of the communication received from Cox Cable.
A representative of SBC, Chuck Kallay, came forward to answer questions about the proposed installations.
Mrs. Bobst asked for the reasons for the installations. Mr. Kallay responded that SBC plans to build a fiber based network to offer broadband services which requires additional cabinets. She asked if the service would be available to all residents, and Mr. Kallay said that it would.
Mr. Matty asked if services offered would be high speed DSL internet communications, and the response was affirmative.
Mrs. Bobst wondered what services would be provided. Mr. Kallay stated that he is an engineer and that his field of expertise is equipment. Marketing representatives would have more information.
Mr. Matty asked what services would be in the realm of possibility. The answer was any service that can be put over fiber.
Mr. Frost asked if there is a hazard, such as high voltage, associated with this installation. Mr. Kallay noted that the power pedestal is a 120v or 110v installation.
Mr. Gollinger asked if these would service only Rocky River, and Mr. Kallay explained there is some overlap and parts of Fairview Park would be serviced, but most would be for Rocky River.
Mr. Gollinger noted that the easement requested was a much larger footprint than the present easement, and he asked if the equipment could be placed underground. Mr. Kallay said that it could not.
Mayor Knoble indicated that he has had recent problems with SBC, including changes in negotiated contract prices for City long distance. He noted, too, that when workers service the current equipment, they block the driveway which accesses the pool area. Finally, he stated that he would do anything to protect the licensing situation for cable TV and its revenue stream. If SBC is competing with Cox, the City would need a franchise fee. He will not sign any agreement until instructed to do so by Council or the franchise issue is resolved.
Mrs. Bobst indicated that this issue will be referred to the Contracts Committee.
Internet Crimes Against Children (ICAC) Program: Mr. Matty referred to a document distributed to Council members, noting that he was approached on this matter several weeks ago in connection with a criminal matter. The document, "ICAC Program Operational and Investigative Standards", is a protocol of an investigative organization funded by the Department of Justice. It was brought to him by Brendan Sheehan, an assistant prosecutor. He asked Council members to review the document from the standpoint of having a Rocky River police officer trained and involved in undercover work to be able to process these situations effectively. The officer would follow this protocol. Chief Wagner could discuss the program; Mr. Linden can give financial data and if Council wishes to pursue the program, Mr. Matty suggested that it hear from Mr. Sheehan. The program can benefit the children of Rocky River as well as other areas of the city.
The matter will be considered by the Safety Committee in consultation with Chief Wagner.
COMMITTEE REPORTS:
Environmental Committee: Mr. Gollinger noted that there has been some activity on railroad quiet zones during August, and the City continues to move forward. He felt it might make sense to discuss the matter further at the Committee-of-the-Whole rather than in the Environmental Committee. With Committee approval, it will be placed on the agenda of the next meeting of the Committee-of-the-Whole when Mr. Gollinger hopes to have more information on the costs and activities necessary for the application process. The clerk polled the committee on the question of discussions at the Committee-of-the-Whole:
Vote: Gollinger - aye Bartolozzi - aye Hagan - aye Potterfield - aye
4 ayes 0 nays PASSED
NEW BUSINESS:
Ordinance No. 116-05: This ordinance was considered and passed at the Special Meeting.
Ordinance No. 117-05: This ordinance would authorize an application for Issue 2 funds for the WWTP. All member cities are passing a similar ordinance for Issue 2 grants or loans which can be used for improvements. (Consent Agenda)
Ordinance No. 118-05: Mr. Gollinger noted that this ordinance will modify current ordinances pertaining to discharge standards. Mr. Linden noted that these changes would lower the amounts of toxic substances that can be discharged to bring the City into compliance with EPA directives. In Rocky River, the new standards are already being met. (Consent Agenda)
Resolution No. 119-05: This resolution will allow the City to accept property from the State of Ohio which will be used as a park. Mayor Knoble explained that this land is in the Bates/Berry Roads area. The City applied to the State for a triangular piece of land at the end of the road. It will be dedicated as a park. If we should no longer need the land, it will revert to the State. The Mayor thanked Director Koran who worked with ODOT to make this possible. The residents are delighted, and equipment has been ordered. The City will clean and grade the site and install the equipment which will be suitable for young children. The $20,000 spent will provide a really nice park. Mr. Matty pointed out that because of the park dedication, this resolution will require three readings.
Resolution No. 120-05: This annual resolution certifies certain accounts on Plymouth Rd. for collection by the County Auditor. These will continue until 2009 or the cost of the improvements has been paid in full. (Consent Agenda)
Resolution No. 121-05: This is another annual resolution which certifies delinquent sanitary sewer accounts to the County Auditor for collection. A final bill for the outstanding balance will be sent and the balance will be placed on tax bills. (Consent Agenda)
Ordinance No. 122-05: This ordinance will authorize payment to settle claims from DiGioia Suburban Excavating and GGJ. Mr. Matty indicated that he was told at the end of July that the City had received notification from the construction company that it had $632,000 in claims, and another $45,000 from GGJ under contracts and additional charges in the effort to complete the Orchard Park/Bates Rd. project. A lawsuit was anticipated, but Mr. Matty was able to resolve the claims for $122,772 to DiGioia and $32,862 for GGJ. As a result, the relationship with these companies is severed except for warranty claims. Further, DiGioia and GGJ will end all claims with each other.
Mr. Hagan noted that this matter has been under discussion for some time. The amounts negotiated are favorable for the City, and he thanked Mr. Matty for his negotiating skills. He also thanked Mr. Hurtuk for his persistence in pursuing a negotiated settlement. (Consent Agenda)
Resolution No. 123-05: This ordinance will adopt the National Incident Management System (NIMS) as outlined in a directive from Homeland Security. This will unify guidance from federal, state and local governments and maintain the City's eligibility for federal funding. (Consent Agenda)
Ordinance No. 124-05: This ordinance will authorize the County to resurface a section of Center Ridge Road from just west of Wagar to Wooster. The Mayor expects this contract to go to bid in January. He was able to have the City's share of the costs reduced from 20% to 15%. (Consent Agenda)
Resolution No. 125-05: This resolution will support State Issue 1 which will replace Issue 2, providing funds for local communities and is very important to our City. The Mayor explained that the current Issue 2 will be over soon. This is a renewal but will need to be voted upon statewide. It includes more than Issue 2. (Consent Agenda)
COMMUNICATIONS AND ANNOUNCEMENTS: NONE
As there was no further business by members of Council, the meeting was adjourned at 10:10 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 meeting of the Committee-of-the-Whole of September 6, 2005. These minutes may be revised or amended at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
SEPTEMBER 6, 2005
PUBLIC HEARING - RESOLUTION NO. 133-04:
A RESOLUTION ADOPTING A COMPREHENSIVE GENERAL
PLAN KNOWN AS THE ROCKY RIVER MASTER PLAN
The Public Hearing for Resolution No. 133-04 was opened by Mrs. Bobst, President of Council, at 7:00 p.m in the David J. Cook Council Chambers.
Council Members present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,
Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst
Administration: Mayor Knoble, Mr. Linden, Mr. Koran
Law Director: Mr. Matty
Press: Mrs. McKenzie
The meeting was opened by Mrs. Bobst with the Pledge of Allegiance. The meeting was being recorded by a resident.
Mrs. Bobst called upon Mr. Potterfield, Chairman of Council's Planning and Zoning Committee. Mr. Potterfield reviewed the process by which the Master Plan arrived at this evening's hearing, from its recommendation by the Charter Review Commission, passage of the Charter Amendment by the citizens, its preparation by City Architecture with its many public meetings, and the subsequent review of the finished product by the Planning Commission and Council's Planning, Zoning and Economic Development Committee. The meeting this evening had been called for public input. Mr. Potterfield turned to Mr. Paul Volpe, a principal of City Architecture, the firm which prepared the plan.
Mr. Volpe commented that his firm had worked very hard on the plan for a long period of time. He found the community to be thorough and insightful, asking a great deal of its consultant and receiving a great deal in return. The purpose of the plan is to set a course for the future development of the City. He praised the many well-intentioned involved people who became a part of the process. Asking the question, "Does this matter?", Mr. Volpe explained that the Plan has the ability to provide an immediate effect and a long-term impact if the City chooses to make this happen. This is a guide, and also a model, a tool which helps in making decisions that will stand the test of time.
Mrs. Bobst thanked Mr. Volpe for his help in facilitating the process.
AUDIENCE PARTICIPATION:
Fred I. Sokol, 20021 Parkview, noted that there had been a thorough process and discussion. He also noted that the people had voted to upgrade the plan which had seen its last revision in 1968. He asked the following questions:
How is it going to impact our lives?
Who will make the decisions?
How much will this cost, and who will pay for it?
Mrs. Bobst then called upon Mr. Koran, the City's Economic and Community Development Director. Mr. Koran wished to thank the members of the Master Plan Working Group who met faithfully every month for two years. He felt that they deserved to be mentioned, noting that when the plan was announced, they called his office to volunteer their services.
Trisha Brown Michael Fruchey
Kevin Collins Tom Long
Eric Pempus John Selby
Craig Wright
Among these members were architects, attorneys, city planners, and members of the City's boards and commissions. Mr. Koran praised their efforts, adding that they came to every meeting and were never argumentative.
Mayor Knoble indicated that over the last several months, the only comment he has received from the general public came from a pastor in the community questioning why organized religions had not been consulted about their development. The Mayor responded that the Plan focuses on areas of redevelopment.
Mrs. Bobst expressed her appreciation of how the process honored the feelings, opinions and values of residents. The City is primarily residential in nature, but the nine focus areas are primarily commercial. She praised the transitions from commercial to residential areas, saying that they were well thought out to serve the residents.
Mr. Potterfield asked Mr. Matty if it would be appropriate to include minutes from meetings of the Planning Commission and Council's Planning, Zoning and Economic Development Committee in the resolution.
As there was no further public comment or comment from members of Council, the hearing was adjourned at 7:21 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 Public Hearing of September 6, 2005. These minutes may be revised or amended at the next Legislative Meeting.
DRAFT
CITY OF ROCKY RIVER
SEPTEMBER 6, 2005
The Special Meeting of Council 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, Mr. Linden, Mr. Koran
Law Director: Mr. Matty
Press: Ms. Payne
Mrs. Bobst opened the meeting by explaining that the meeting had been called to consider Ordinance No. 116-05, a contract authorizing the repair of the Lake Road Bridge.
AUDIENCE PARTICIPATION: NONE
ORDINANCE NO. 116-05 BY BRIAN F. HAGAN
AN EMERGENCY ORDINANCE ENACTED BY THE CITY OF ROCKY RIVER, CUYAHOGA COUNTY, OHIO, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ROCKY RIVER AND THE BOARD OF COUNTY COMMISSIONERS OF CUYAHOGA COUNTY RELATIVE TO THE STRUCTURAL STEEL REPAIRS FOR LAKE ROAD BRIDGE NO. 204 OVER THE ROCKY RIVER IN THE CITIES OF ROCKY RIVER AND LAKEWOOD (COUNTY ID 928), AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"
1ST READING
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that the rule requiring that Ordinance No. 116-05 be read on three separate days be suspended, and that Ordinance No. 116-05 be placed upon its passage:
Discussion: Mr. Hagan turned to the Mayor for information on this ordinance. The Mayor explained that this ordinance was received shortly after Council had recessed for the month of August. The bridge in question is part of a state highway, but because it is over a waterway, its repair is the responsibility of the County. These repairs will be accomplished without cost to the City, but the ordinance should be passed as quickly as possible, since it is already a month behind schedule.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
Moved by Mr. Hagan, seconded by Mr. Hurtuk, that Ordinance No. 116-05 be passed as read.
Discussion: The Mayor is not yet certain of the schedule, but he will be in touch with the County Engineer's office to discuss road closings, traffic, etc.
Vote: Gollinger - aye Potterfield - aye Frost - aye
Hurtuk - aye Bartolozzi - aye Hagan - aye
Bobst - aye
7 ayes 0 nays PASSED
As there was no further business, the meeting was adjourned at 8:05 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 Special Meeting of September 6, 2005. These minutes may be revised or amended at the next Legislative Meeting.