DRAFT

CITY OF ROCKY RIVER

SEPTEMBER 19, 2005

The Committee-of-the-Whole 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, Mr. Mackay

Law Director: Mr. Matty

Press: Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance. Mrs. Bobst announced that the meeting was being recorded by a resident.

MAYOR'S REPORT:

The dog swim held at the pool this evening was very successful and enjoyed by a large number of dogs and people.

The community meeting to exchange information on Hurricane Katrina relief efforts was held last Wednesday. The Mayor thanked Mr. Hagan and Mrs. Bobst for their attendance and support and concluded that a lot of groups are doing a lot without knowing how to deliver their relief efforts to those in need. The City's function will be to facilitate those efforts; information will be updated on the website shortly.

The stop sign at the corner of Avalon and Wagar has been restored, partially as a result of resident input at last week's meeting.

At last week's first meeting of the Rocky River Federation, sufficient interest was shown by those in attendance to pursue the restoration of the organization. Another meeting will be held with all the service organizations in the community working toward a goal to network and establish a community calendar.

Mayor Knoble also attended a meeting of the Beautification Committee last Tuesday. The committee will attempt to renew the tree planting program which was so successful this year. It will also look at legislation passed by neighboring cities which required developers to submit plans indicating which trees will be removed and which will remain or be restored, instead of a simple general landscaping plan.

Discussion: Mr. Frost thanked the Mayor for his prompt action in restoring the stop sign in his ward, and asked if the City will paint the white stop bars on the street. The Mayor indicated that it would be done as soon as the schedule permits.

UNFINISHED BUSINESS:

Resolution No. 133-04: This resolution adopts the Master Plan. Mr. Potterfield indicated that a memorandum has been circulated to Council members listing the recommendations of the Planning Commission which had been supported by the Planning, Zoning and Economic Development Committee. He asked for Council comments.

• •Mrs. Bartolozzi stated again that this Plan has always been reviewed in the context that it is a guide. She did not feel that changes need to be made in the document because it does not mandate changes. She did, however, feel it would be helpful to include the minutes of both the Planning Commission and the Council committee so that future users of the Plan would have more background information.
  
  

Motion:

Moved by Mrs. Bartolozzi, seconded by Mr. Frost, to include as an appendix, the minutes of the meetings of the Planning Commission and the Planning, Zoning and Economic Development Committee of Council.

Discussion: During the discussion of this motion, several Council members felt that there had not been sufficient discussion of the Council as a whole of the nine focus areas and the recommendations made for any changes. It was brought out that the Committee recommended that the Plan be referred to Council for consideration.

Various recommended changes were then discussed, including the Planning Commission recommendation to omit the removal of the Marion Ramp. It was brought out that Council members were not ready to commit to that view, since it would more appropriately discussed at a future date when a plan is proposed.

It was pointed out that in the future, if a developer wishes to remove the ramp it might be helpful to have some indication of Council's feeling at this time. Mrs. Bobst pointed out that there are already appendices attached, and this might be an appropriate way to add the minutes which would be a record of Council's deliberations on the subject.

Because there was feeling that the motion was premature, Mrs. Bartolozzi withdrew her motion pending further discussion by Council members; Mr. Frost also withdrew his second of the motion.

As discussions continued, Council members expressed their opinions that the work of the Planning Commission was very thorough and valuable. Mr. Frost stated that he would support adoption of the Plan and agreed with it in spirit, although he might have some different opinions in some areas.

Mrs. Bobst pointed out that the Planning Commission supported the entire Master Plan with exceptions in six areas. These were the items forwarded for Council review.

Mr. Hurtuk noted that, as a member of the Committee, he did not vote to change the Master Plan. A discussion followed as to whether to adopt changes recommended by the Planning Commission. Mr. Hurtuk emphasized that the Plan is not a mandate, but a guide, a vision which should not be limited, but should create opportunities.

Mr. Potterfield, Committee Chairman, pointed out that the Plan was referred to Council as a whole because this is a first-a large document and Committee members felt they would like input from Council as a whole rather than having decisions made by the committee.

Motions:

Moved by Mr. Frost, seconded by Mr. Potterfield, that Council accept, adopt and amend the proposed Master Plan according to the recommendations of the Planning Commission.

Discussion: Mr. Frost explained that he had made this motion for the record in order to have clarity. He stated that he intended to vote no in order to make Council's intent clear.

Vote: Gollinger - nay Potterfield - nay Frost - nay

Hurtuk - nay Bartolozzi - nay Hagan - nay

Bobst - nay

0 ayes 7 nays DEFEATED

Moved by Mrs. Bartolozzi, seconded by Mr. Gollinger, that Council, considering the proposed Master Plan to be a vision for the future, adopt the plan as presented with no physical changes except the inclusion of minutes from the Planning Commission and the Planning, Zoning and Economic Development Committee meetings regarding the discussions of the Plan, for understanding of certain directives, as Exhibit "F"(added by Mr. Matty).

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 nays PASSED

This resolution will be considered for passage next week.

Ordinance No. 98-05: This ordinance prohibits storage of rubbish and garbage where it is visible from the public right-of-way. Mr. Potterfield indicated that he was awaiting further input from the Building Department.

• •Mr. Gollinger mentioned that he had discussed this ordinance with Commissioner Beirne, particularly a concern over the wording, which might be construed as a mandate to build a storage facility to house the rubbish. He asked Mr. Beirne to review the wording and suggest possible alternatives.
  
  
  
  

Ordinance No. 110-05 and 111-05: These two ordinances have also been reviewed by the Planning Commission, and Mr. Potterfield indicated that he is awaiting their approved minutes.

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 at the end of Bates Road. Three readings are necessary, and the resolution will have its second reading this week.

Ordinance No. 126-05: Mr. Gollinger explained that the cost of removing grits and screenings is rising. In July of 2003 the EPA last raised fees, an increase of $.25 per ton, noting that it was the first increase in 10 years. Beginning July 1, 2005, it has been increased by $2.00 per ton to $3.50. Since there is no alternative, it must be paid. The Finance Director indicates that the increase will cost approximately $644 per year. (Consent Agenda)

MISCELLANEOUS BUSINESS:

Railroad Quiet Zones: The City's consulting engineer, Michael Mackay, distributed Quiet Zone Calculators, information which he obtained from the Federal Railroad Administration's (FRA) website. The purpose of this calculator is to give cities an idea of options available in the establishment of Quiet Zones. His caveat was that this is very preliminary information which has not yet been completely established and verified, so the answers may not yet be definitive.

• •The first page shows supplementary safety measures (SSM), or physical changes which can be made to the site. Not all are applicable to our City.
  
  
• •The next four pages show each of the City's four crossings with the last data available on the website, some of which is erroneous. Mr. Mackay checked with the PUCO website and found that it had recorded the same information.
  
  
• •Calculations begin on page 6. The last column shows a risk number which would be assigned to that crossing if the horns were to be removed. At this point, the City can decide which SSM it wishes to construct. Each SSM lowers the risk, and the object is to lower the risk so that it is below the risk index with horns, i.e. improving the crossing so that there is not more risk than when the horns are present. Mr. Mackay then gave several examples of what type of SSM can be installed, noting that costs (obtained from the government's website, not locally) vary widely, e.g. $100,000 for a four-quadrant gate or $26,000 for safety cones which prevent motorists from circumventing the gates.
  
  
• •He emphasized that numbers and information are preliminary, and the actual safety measures, when implemented, may not be as now stated. He did say, however, that the outlook is encouraging for the establishment of a Quiet Zone in the City, possibly at a lower cost than initially thought.
  
  

Mr. Gollinger noted that he and the Mayor had attended meetings on the subject. He noted that the costs may be substantially less than originally calculated, particularly taking into consideration that some of the information on the website, such as the number of trains, may reduce the risk further. He expressed his wish to continue discussions at the Committee-of-the-Whole with updated numbers. He also pointed out that other questions need to be addressed, such as whether or not residents would like Quiet Zones 24 hours a day or if a more limited time would be sufficient, and suggested that a public hearing could provide that input.

Mr. Matty noted that the Mayor has three directors and the Police Chief reporting to him on this issue. He now asked for Council input, noting the situation is different from that of 18 months ago because of the new flexibility in the final FRA regulation.

He also explained that two exceptions have also been adopted: one if every crossing in the City is protected by supplemental safety measures. Also, if every crossing is below the nationwide significant risk threshold and the risk index with horns, then no horns will need to be sounded, even though all intersections are not required to have SSM.

One major question is whether the City will opt for a Partial Quiet Zone, from 10 p.m. until 7 a.m. or a 24-hour Quiet Zone. Mr. Matty feels that public input will be helpful, noting that the hours cannot be adjusted for a Partial Quiet Zone. If Council wishes, the process of updating the numbers can begin. The Administration is currently counting cars at the first of the four crossings. Mr. Matty requested, however, that Council hear from the public about Partial Quiet Zones and particular SSM which are preferable before decisions are made.

Mr. Gollinger agreed, indicating that he will schedule a public hearing before Council decides how it wishes to proceed.

Mrs. Bobst asked for a time frame for monitoring traffic at the crossings and modifying numbers now in the FRA and PUCO websites.

• •The Mayor responded that crews have placed the monitor southbound on Wagar for one week. To do all the crossings in both directions at this rate would take eight weeks. If Council wishes to do it more quicky, a consultant could be hired. Mr. Gollinger suggested the possibility of borrowing counters from neighboring communities. He noted that a public hearing could be held before the actual numbers have been recorded.
• •Mr. Matty pointed out that the City's time frame can be determined, but not the time frame of the FRA or the PUCO, particularly since this is a new area. It may be that changes in numbers do not affect anything, and that the needs are still the same.
  
  

Mr. Gollinger asked if Mr. Matty had requested the help of Mr. Gelfand. Mr. Matty said that he did not wish to involve Representative Kucinich's office until Council had definitely decided that it wishes to proceed. Mr. Gollinger indicated that he will consult with members of Council and his committee and will schedule the public meeting. Further discussions will be held at the Committee-of-the-Whole.

COMMITTEE REPORTS:

Safety Committee: Mr. Frost reported that on a recent trip in the City's ambulance, he was happy to report that the system worked smoothly and efficiently.

Parks and Recreation Committee: Mrs. Bobst reported that the Parks and Recreation Commission will meet on Wednesday at 8:00 a.m. in the ice rink pavilion. On the agenda will be a review of plans for the expansion of the Don Umerley Civic Center. Also to be discussed are plan updates for the skate park, the proposed park at the end of Bates Road and a review of the outdoor pool season.

Mrs. Bobst then announced that she will call a meeting of the Parks and Recreation Committee for next Monday at 7:00 p.m. At this meeting, plans for the expansion of the Don Umerley Civic Center, already reviewed by the Parks and Recreation Commission, will be presented to Council.

NEW BUSINESS:

Ordinance No. 127-05: This ordinance will authorize the annual Crack & Joint Sealing Program. Mr. Linden explained that each year the City spends $50,000 to $75,000 on streets selected as the most needing repair during an inspection tour with Mr. Gottschalk. The Safety-Service Director was pleased to report that the cost is less than last year's program, and that the same company is the successful bidder. (Consent Agenda)

Ordinance No. 128-05: As discussed last week, Mr. Hurtuk indicated that the Community Improvement Corporation (CIC) will, through this ordinance, help the Unitarian Church in a construction project through the issuance of bonds, in a manner similar to that with Lutheran West several years ago. He emphasized that none of the $1,350,000 issued will be a part of the City's debt, but that the City will be a facilitator for their loan.

COMMUNICATIONS AND ANNOUNCEMENTS:

A special meeting of the BZA has been added to the calendar for Thursday, September 22.

The City has been notified by the City of Fairview Park that its Planning and Design Commission will meet on September 21 at 7:00 p.m. to review the application and drawings for the development of the new Westgate.

Tomorrow is primary election day, and the polls will be open from 6:30 a.m. to 7:30 p.m.

As there was no further business by members of Council, the meeting was adjourned at 9:20 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 19, 2005. These minutes may be revised or amended at the next Legislative Meeting.