CITY OF ROCKY RIVER

SEPTEMBER 11, 2006

Regular 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

Law Director: Mr. Bemer

Press: Mrs. McKenzie, Ms. Mitchell

Mr. Hagan opened the meeting by asking those present to observe a moment of silence for those who had lost their lives and those serving their country. This was followed by the Pledge of Allegiance.

MOTION:

Moved by Mr. Hagan, seconded by Mr. Gollinger, that an Executive Meeting be held immediately following the meeting to discuss the subject of a pending or imminent court action under

Article X, Section 6, Subsection (3) of the Charter.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MOTION:

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the reading of the minutes of the Legislative Meeting of July 24, the Special Meeting of July 26, the Special Meeting and Executive Session of July 28 and the meeting of the Committee-of-the-Whole and Executive Session of September 5 be waived, that the minutes be accepted with one correction for the Special Meeting of July 28.

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

Bartolozzi - aye* Long - aye Hagan - aye

7 ayes 0 nays PASSED

*Mrs. Bartolozzi abstained on the vote of the minutes of the meetings of September 5.

MAYOR'S REPORT:

The City has scheduled its next Shred-It Day for Saturday, October 7, from 9 a.m. to noon. Residents may bring up to two standard-sized boxes of documents to be shredded.

Flu shots will be offered to residents 65 years or older on Tuesday, October 10. Interested residents should call for an appointment.

Articles for the next newsletter should be forwarded to Gretchen Burt by September 15. The Mayor's office is also working on revisions for the next Residents' Reference. Any updated information should be forwarded to the Mayor's office.

Mayor Bobst has contacted Representative Kucinich's office about the post office property, and they are working together to help find funds for repaving and landscaping the property. She hopes to hear from his office as early as next week. The Mayor also noted that Mr. Hagan has been an active advocate for residents on this subject.

Two new police officers have been hired. Their academy training should be complete in December.

Attorney General Jim Petro is seeking public comment on the Homeowners' Protection Act which will go into effect on January 1, 2007. These regulations are aimed at reducing abuses by lending institutions and thus the number of defaults and foreclosures. The discussions may be timely for Rocky River because of recent foreclosures here. Attorney General Petro has also put together a list of best practices which will assist lending institutions. The document is 15 pages long. Further information is available on the Attorney General's website.

The Mayor was pleased to announce that the Bonnie Bank property is scheduled for the Sheriff's Sale on October 16. The Building Department has inspected the property and secured it for the sale.

The Ohio Planning Conference for Planning and Zoning will be Friday, October 27 at the Wolstein Center at Cleveland State University. Several key issues will be addressed, and the Mayor has further information for those interested.

Council members will receive copies of the Quiet Zone evaluation in their packets Friday so that they may prepare for Monday's discussion during Miscellaneous Business.

Mayor Bobst was pleased to announce that 300+ dogs attended the open swim at the outdoor pool this evening. She said that the lively participants got along well and a good time was had by all.

LAW DIRECTOR'S REPORT:

Mr. Bemer reported on the Bonnie Bank property scheduled for the Sheriff's Sale announced by the Mayor. He has contacted the Countrywide attorney in Columbus who is handling the foreclosure and requested that all necessary reports and paperwork be done before the sale so that it can go forward. She has promised to do her best. Other details noted by the Law Director are that the appraised value is $150,000 so the minimum bid is $100,000 and that the property has a conventional loan. Building Inspector Clayton Zell has reported that the property is basically in good condition, but there is some water damage from a burst pipe in the kitchen and the removal of a back porch has left finishing work to be done.

For July, an average of 4.2 trains per day passed through the City, with a high of six and a low of two.

Law Director Bemer has spoken with the Lakewood Law Director about that city's Dog Park, letting him know of our residents' concern. He indicated that Mr. Corrigan is amenable to a joint meeting and is interested in working with officials of Rocky River. One possible solution may be to restrict hours from dawn to dusk. He indicated that Mr. Gollinger, who is particularly interested in this subject, would be welcome to attend.

Mr. Bemer also reported that the rising popularity of PODS (Portable On Demand Storage) units around the City has led to demands for regulation of location and time. Working with the Safety-Service Director and the Building Department, the Law Director would like to present some rules for these units as well as basic construction storage units. He is proceeding to work on the legislation.

Discussion: Mr. Gollinger requested that the Dog Park issue be placed on the agenda of the next meeting of the Committee-of-the-Whole. He said that residents in his area complained to him that over the Labor Day weekend, when they were looking forward to sleeping in, they were awakened by dogs barking every morning. He distributed a letter outlining their concerns which he said was delivered by residents to Mr. Corrigan personally on June 25 of this year (Exhibit "A"). There has been no response. Council adopted a resolution in May, 2004 asking for Lakewood's help and cooperation. Now in September of 2006, there has been no relief, and Mr. Gollinger asked Mr. Bemer to discuss further steps that can be taken at the next meeting.

Mr. Bemer suggested that since Mr. Corrigan is willing to meet personally with City officials, for now, that could be the best course.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS:

Mrs. Bartolozzi announced that the Parks and Recreation Commission will meet Wednesday, September 20 in Club Room 1.

Mr. Gollinger indicated that the BZA will meet this Thursday at 7:30 p.m. There are 11 items on the agenda.

AUDIENCE PARTICIPATION: NONE

At this point, Mr. Hagan called upon Kory Koran, the City's Economic and Community Development Director, to comment on Ordinance No. 110-06 which would approve an agreement for engineering and design services for the Lake Road corridor.

Mr. Koran began by explaining that the City had applied for and received a NOACA grant for $75,000 under the Transportation for Livable Communities Initiative Program on an 80/20 match basis. The City's share would be $18,750. Mr. Koran then contacted his counterparts in other cities and received strong recommendations for Parsons Brinckerhoff, a firm experienced in traffic engineering and design with experience in working with ODOT. The company's proposal was discussed at a meeting with Mr. Koran, Mr. Mackay, Mayor Bobst, Mr. Linden, Mr. Gottschalk and representatives of the company. They will be looking for creative solutions for traffic-calming measures, whether it be to narrow, widen, install turn lanes, slow traffic or another strategy, and parking in commercial areas. One strength of this firm is that it is experienced in working with ODOT, having once been a consultant for them, and having written the 15-step process to be followed on state projects.

Discussion: Mr. Hunt asked about projects completed by the company. Mr. Koran referred him to the discussion in the proposal with special emphasis on the Lee Road project in Shaker Hts. which resembles the Lake Road project in that it seeks traffic solutions. Mayor Bobst added that pedestrian traffic was also a consideration.

Mr. Koran also noted that Lakewood is studying the possibility of reducing the speed on Clifton Blvd and installing medians. This action would lessen traffic on Lake Road.

In additional information, Mr. Koran indicated that because Lake Road is U.S. 6, the City will also work with the Federal Transportation Authority and RTA from the outset of the project, as well as resident stakeholders. Three stakeholder meetings for public input will be held, and Mr. Koran has been assured by Parsons Brinckerhoff that they will be able to maintain the timeline established.

Mr. Gollinger suggested that some principles may carry over from this project to Wooster Road. Mr. Koran agreed, saying that the same criteria could apply and the same kind of changes may be discussed for Wooster Rd. and other City thoroughfares.

ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR'S REPORT:

As Mr. Koran was present, it was suggested that he might give an update on projects around the City. He was, as always, prepared.

The Yacht Club project of removing decks has begun. A potential housing project is in the works for Dave Decapua's property next to the railroad tracks.

Last month a pre-preliminary plan was presented for six units on property below the Westlake Hotel and the Bridge Building. This property has long been a vacant lot and in this plan would have two separate buildings, each with three units and each with a dock.

Beachcliff Market Square is going well. Liberty Bookstore has been started, and openings have been held for Chico's, First Watch and White House Black Market. Opening soon will be the Brown Aveda Institute and Liberty Bookstore. Minor concerns are being addressed.

The Detroit streetscaping project is turning out very well. Mr. Koran was appreciative of cooperation from the Service Department. The Lake Road wall is outstanding. A bid for the final phase will be coming soon for the north section along the railroad track and Depot St. as well as landscaping by the Lake Road wall. There may be $5000-$6000 remaining which could translate to five or six additional benches in the target area.

Grandview on River Oaks is slowly proceeding. The foundation has been laid for the first building, but Cleveland Water is delaying the project.

Hamlets West, on Center Ridge Road, is just about sold out, and Hamlets East construction is under way.

Westgate is proceeding slowly, but Mr. Koran has been told that Lowe's is on schedule.

On Center Ridge Road, Mr. Koran has put together another Center Ridge office building meeting. He is now trying to arrange for brokers to see available properties.

In other development news, there are three new subdivisions being planned. One is planned for the Brewer property close to City Hall.

The Business to Business Expo, co-sponsored by the City and the Chamber of Commerce, is almost sold out with only a few tables remaining. This year there will be 15 sponsors and over 100 exhibitors. Mr. Koran urged all to attend.

RESOLUTION NO. 105-06 BY FRANK B. GOLLINGER

AN EMERGENCY RESOLUTION APPROVING THE PLACEMENT OF AN EROSION MITIGATION REVETMENT LOCATED WITHIN A LAKE ERIE SUBMERGED LAND LEASE ADJACENT TO PERMANENT PARCEL NO. 301-05-006 AT 19760 FRAZIER DRIVE, ROCKY RIVER, OHIO

1^ST READING

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that the rule requiring that Resolution No. 105-06 be read on three separate days be suspended, and that Resolution No. 105-06 be placed upon its passage:

Discussion: Mr. Gollinger explained that the Ohio Department of Natural Resources requires that the City approve the revetment. He has spoken to Mr. Connelly of the Beach Cliff Trustees who assured him that the Trustees had no objections. Since three readings would delay the project and this is good construction weather, Mr. Gollinger concluded that there is no reason to delay. The Mayor added that this project will be at the resident's expense.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that Resolution No. 105-06 be passed as read:

Discussion: Mr. Gollinger referred to the discussion above, adding that with this project, most properties along the lake have been mitigated, and he commended the residents for taking responsibility for protecting their land. Mr. Bemer explained that the ODNR requested the City's involvement.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 109-06 BY FRANK B. GOLLINGER

AN ORDINANCE AMENDING THE S.A.F.E. COUNCIL OF GOVERNMENTS AGREEMENT, AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Gollinger, seconded by Mr. Long, that the rule requiring that Ordinance No. 109-06 be read on three separate days be suspended, and that Ordinance No. 109-06 be placed upon its passage:

Discussion: Mr. Gollinger explained that S.A.F.E. met on June 28 and made some changes to its agreement. With the Council recess in August, approval has already been delayed. Since the approval of all cities is necessary to implement the changes, Mr. Gollinger said that there is no reason to delay this ordinance for another month.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Gollinger, seconded by Mr. Long, that Ordinance No. 109-06 be passed as read:

Discussion: The purpose of the changes is to update the agreement originally signed in 1972. This agreement more closely defines the responsibilities of members of the Council. S.A.F.E. has worked closely with Cleveland to eliminate the north/south runway and reduce air traffic. The future of the organization was discussed, and there is strong feeling that the organization is still necessary and should work with the new airport director.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 110-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH PARSONS BRINCKERHOFF RELATIVE TO PROFESSIONAL TRAFFIC AND TRANSPORTATION ENGINEERING SERVICES FOR CONCEPTUAL DESIGN OF THE LAKE ROAD CORRIDOR IN AN AMOUNT NOT TO EXCEED $87,170.00

1^ST READING

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi and Mr. Gollinger, that the rule requiring that Ordinance No. 110-06 be read on three separate days be suspended, and that Ordinance No. 110-06 be placed upon its passage:

Discussion: This project must be completed in a timely manner so that the Lake Road project can go forward in 2008. The Administration was foresighted, and obtained a grant of $75,000 to help finance the conceptual design of the Lake Road project, a major undertaking of border-to- border repaving and reconstruction from Kensington to the Lakewood line. A good company is being utilized and can address traffic problems with a timeline which will meet the March 2007 deadline.

Moved by Mr. Hagan, seconded by Mr. Gollinger, that Ordinance No. 110-06 be passed as read:

Discussion: Mr. Hagan referred to information related by Mr. Koran earlier in the meeting, and noted that passage will enable the company to work with the Administration and stakeholders in time for the 2008 project.

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 102-06 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) COMPRESSOR AND BREATHING AIR FILL STATION FOR THE FIRE DIVISION FROM BREATHING AIR SYSTEMS AT A COST NOT TO EXCEED $33,807.00

1^ST READING

Mr. Moran summarized information from discussions at the last meeting of the Committee-of-the-Whole, indicating that the current compressor and fill station are not operational and not repairable. This is essential equipment and should be replaced immediately so that City firefighters do not have to go to other cities to fill their breathing apparatus.

ORDINANCE NO. 103-06 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE CONSENTING TO THE USE OF CITY OF ROCKY RIVER FUNDS TO PARTIALLY PAY AN OHIO PUBLIC WORKS COMMISSION (OPWC) PROJECT LOAN OF THE CITY OF ROCKY RIVER IN RESPECT OF THE PROJECT NAMED WWTP IMPROVEMENTS FOR OPWC PROJECT CONTROL NO. CA12J

1^ST READING

Mr. Hurtuk explained that this OPWC loan is for $2.3 million and the WWTP share is $330,878 of a total project of $2.6 million. The repayment period is 20 years without interest, and will be repaid from the City's Sanitary Sewer Fund.

ORDINANCE NO. 104-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY SERVICE TO ENTER INTO A CONTRACT WITH UTILICON CORPORATION FOR THE WESTOVER AVENUE WATER MAIN REHABILITATION PROJECT AT A COST NOT TO EXCEED $105,590.00

1^ST READING

Mr. Hagan noted that this firm has successfully completed the Lakeview project.

ORDINANCE NO. 106-06 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO A CONTRACT FOR TELEPHONE SYSTEMS MAINTENANCE WITH MVD COMMUNICATIONS, LLC FOR A PERIOD OF ONE (1) YEAR AT A COST NOT TO EXCEED $9,660.00 PER YEAR

1^ST READING

This contract will maintain the telephone systems at a lower cost than the last contract with the same provider who gave excellent service.

RESOLUTION NO. 107-06 BY BRIAN F. HURTUK

AN EMERGENCY RESOLUTION AUTHORIZING THE CERTIFICATION OF CERTAIN ACCOUNTS RELATIVE TO THE IMPROVEMENTS TO PLYMOUTH ROAD IN THE CITY OF ROCKY RIVER, OHIO, TO THE CUYAHOGA COUNTY AUDITOR FOR COLLECTION, IN ACCORDANCE WITH LAWS OF THE STATE OF OHIO

1^ST READING

These assessments, which will be made until 2009, are annual payments for improvements for the affected properties.

RESOLUTION NO. 108-06 BY BRIAN F. HURTUK

A RESOLUTION AUTHORIZING THE CERTIFICATION OF DELINQUENT SANITARY SEWER ACCOUNTS TO THE CUYAHOGA COUNTY AUDITOR FOR COLLECTION, IN ACCORDANCE WITH LAWS OF THE STATE OF OHIO

1^ST READING

Mr. Hurtuk indicated that when sewer bills are not paid, this method of collection has been effective in the past. Addressing a Council question, Finance Director Thomas responded that a small fee is charged by the County Auditor for this service.

Moved by Mr. Hagan, seconded by Mr. Long, that the rule requiring that the ordinances and resolutions of the Consent Agenda be read on three separate days be suspended, and that those ordinances and resolutions be placed upon their passage:

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the ordinances and resolutions of the Consent Agenda be passed as read:

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

Bartolozzi - aye Long - aye Hagan - aye

7 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION:

Kevin Connors, 20061 Bonnie Bank Blvd. welcomed the news on the Wooster/Bonnie Bank property which was purchased by the VA, hoping it will be a good neighbor and rid the area of one blight. He is hopeful that the sale of the other property will also go forward. He then addressed the problem of the tree lawn close to the AT&T Lightspeed boxes which he asserted are in poor condition. (Exhibit "B") He asked that AT&T be requested to clean up their mess. Mayor Bobst said that the request will be made.

Fred I. Sokol, 20021 Parkview, stated that last week he submitted two letters requesting public information, and thanked the City for its quick response. Times are being arranged so that he can come to City Hall to review the public records. His request this evening is that those letters be placed on the public record.

• Mr. Bemer pointed out that the City's record retention is in keeping with the state requirement of 3-5 years. Mr. Sokol's request goes back more than 15 years and predates computer records. The City is, however, is looking into using technology so that public records can be recalled instantly.



• Mr. Gollinger noted that Mr. Sokol has announced that he will be running for office next year, and suggested that some information requests may be campaign letters and not information requests. Before Mr. Sokol's letters are placed on the public record, he would like an official ruling as to whether they are suitable for the public record or are electioneering.

As there was no further business by members of Council, the meeting was adjourned at 9:12 p.m.

______________________________ _______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council