DRAFT

CITY OF ROCKY RIVER

OCTOBER 17, 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. Frost, Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

Absent: Mr. Hurtuk, Mr. Potterfield

Administration: Mayor Knoble, Mr. Linden, Mr. Mackay

Law Director: Mr. Matty

Press: Mrs. McKenzie, Ms. Payne

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

Mrs. Bobst then turned to Mr. Gollinger, chairman of the Environmental Committee, who conducted a public hearing on railroad Quiet Zones.

Following the Public Hearing, Mrs. Bobst returned to the regular agenda.

MAYOR'S REPORT:

The street repair program, as currently scheduled, is exceeding its allocated amount by about 15%. This has been due to additional full-depth pavement replacement where needed. This work has been done to the sub base so that the paving will not fail. Additional materials and labor for these replacements accounts for the overage.

• •Mr. Mackay, the City's Consulting Engineer, indicated that the overage was approximately $30,000 with four streets to complete. He confirmed the Mayor's comments that replacement of full-depth pavement as well as replacement of some sidewalks and aprons accounted for the overage. These are, however, improvements which should be made.
  
  

The Mayor indicated that he will bring the issue to Council in the future, noting that he was eliminating one item from the $899,000 paving budget; the walkway at Tri-City Park will be paid from the recreation funds.

As Mr. Mackay was present, Mayor Knoble asked his opinion on the two engineering ordinances at the end of the agenda. Mr. Mackay recommended the contract for the improvements to the ice rink. He also recommended that the paving for the walking path proceed while the weather is still favorable.

• •Mrs. Bartolozzi asked about the Orchard Park/Bates park. The Mayor responded that a grand opening will be held next week, as he hopes that it will be ready by next Wednesday.
  
  

Mayor Knoble then reminded all persons involved in the political process including state and county issues, that the City has specific regulations. Political signs are not permitted on public property, including tree lawns. They will be removed and stored for pickup.

SBC has approached the Administration about locating some additional service boxes at three different sites in the City. The Mayor believes that it is clear that these will be used to offer services in direct competition with Cox Communications. The Mayor stated that he is not in favor of placing boxes on tree lawns in residential areas. Mr. Gollinger encouraged him to bring this issue before Council. Mayor Knoble has, therefore, asked Mr. Matty, Mr. Beirne, Mr. Linden and Mr. Koran to serve on a subcommittee to look into the issue on the right of way, investigating the company's rights, the City's rights, and the implications in terms of the cable TV franchise. The Administration does not intend to act until the committee has reviewed all aspects of the situation.

The Police auction will be held this Saturday at 9:00 a.m. at the Police Department garage. Also on Saturday morning, training for CERT will be conducted by the Fire Department, in conjunction with the Senior Center.

The Kiwanis Pancake Breakfast will be this Sunday at Memorial Hall. The Mayor urged support of this fine organization which has contributed a great deal to the community.

New City Hall signs have been purchased and will be installed next Monday. Since the construction of the new Court building, the signage has been obsolete, and new directional signs for all the buildings will help visitors find their destinations. The old signs will be removed on Friday.

One of the newer police cars has been equipped with a special crime-solving tool. Called LOJAC, it operates on heavy construction equipment which is frequently stolen. Stolen equipment which has been properly equipped will have serial numbers entered into the LEADS system. If the vehicle comes into range, its signal will be fed through special equipment in this car, and the vehicle's location can be traced through its computer, facilitating recovery.

The Mayor has succeeded in tracking down the person at the post office who has the authority to change the landscaping at the Rocky River Post Office. He has returned from Louisiana, and the Mayor hopes to schedule a meeting within 5 or 6 days.

UNFINISHED BUSINESS:

Ordinances No. 110-05 and 111-05: These two ordinances have been read two times and have also been reviewed by the Planning Commission. Their approved minutes should be available after their meeting tomorrow evening. The ordinances may have their third reading next week with consideration for passage.

MISCELLANEOUS BUSINESS:

Internet Crimes Against Children (ICAC) Program: Mr. Frost, chairman of the Safety Committee, recalled the excellent presentation last week given by Mr. Brendan Sheehan, Assistant County Prosecutor. He thanked the Mayor, the Law Director and Chief Wagner for their support.

Moved by Mr. Frost, seconded by Mr. Gollinger and Mrs. Bobst, that Council recommend to the Administration that the City join the ICAC program as outlined in the presentation by Mr. Sheehan.

Discussion: Mr. Frost once again thanked the Administration for its support. He feels that this is not a money issue, as the cost is minimal, but it is a safety issue. We are fortunate to have a leader of the national board in our area, particularly as he is a resident of the City. Mr. Frost recommended passage of this motion.

Mrs. Bartolozzi mentioned that she has spoken to Mrs. Nancy Hansen, President of the PTA Council, and suggested scheduling a session for parents so that they can learn how to protect their children.

Vote: Gollinger - aye Frost - aye Bartolozzi - aye

Hagan - aye Bobst - aye

5 ayes 0 nays PASSED

Sex Offender Residency Restrictions: Mr. Frost indicated that, unfortunately, this is another aspect of the same subject. Sexual predators have habitually gone to areas where children congregate, most recently to the internet. However, that does not mean that they have stopped hanging around where they did before. State law prohibits registered sexual predators from living within 1000' of schools. Recent legislation in Fairview Park has added licensed daycare facilities and dedicated parks to schools as locations where sexual predators may not live within 1000'. North Canton has increased the distance to 2500', also adding preschool, daycare, public park, library or public pool.

He indicated, if Council members were amenable, that he would favor moving forward with this type of legislation for our City, expanding the types of places prohibited and/or the radius of these places within which a predator would not be permitted to live. He suggested beginning with schools, preschools, libraries, parks and public pools. If warranted by further discussion when the ordinance has been drafted, locations may be deleted. He further requested that the distance remain 1000', pending input from the Law Director about its enforceability, practicality and any other legal issues.

• •Mr. Gollinger mentioned the possibilities of churches with youth programs and other public facilities.
  
  

Other questions were the need for precise language as in the Fairview Park ordinance, with dedicated parks and licensed preschools.

• •Mrs. Bartolozzi suggested the possibility of a GIS map with proposed locations and circles showing a 1000' radius to give a visual idea of the impact of this legislation. Also requested to be shown on the map were the locations of known sexual predators currently living in the City.
  
  

This topic will be discussed at the meeting of the Committee-of-the-Whole of November 21 following study of the GIS map.

Final Design for the Expansion of the Don Umerley Civic Center: Following last week's presentation of the final design, Mrs. Bobst asked for further concerns from the Administration or Council members.

• •Mr. Gollinger questioned the location of the playground attached to meeting rooms which would serve as babysitting locations and play areas for young children. He suggested that relocating these might provide a wider buffer for residents on the northerly exposure. Mrs. Bobst will check on this with Mr. Patterson.
  
  
• •Mr. Frost asked if the double doors close to the teen center would be used as an entrance to the facility. Mrs. Bobst responded that it would be used only as an emergency exit, and that it was part of the design to address safety issues and controlled access.
  
  

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Hagan, that upon the recommendation of the Parks and Recreation Committee, Council direct the Administration to seek construction bids in accordance with the final plan for the expansion of the Don Umerley Civic Center.

Vote: Gollinger - aye Frost - aye Bartolozzi - aye

Hagan - aye Bobst - aye

5 ayes 0 nays PASSED

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 133-05: This ordinance authorizes the construction of a walking path in Tri-City Park. Earlier in the meeting, Mr. Mackay, the City's consulting engineer, recommended that this ordinance be approved. Mrs. Bobst explained that this is not a shared expenditure because it directly benefits our residents, so the City will handle the full expense from the Cox Communications Recreation Fund.

• •Mayor Knoble noted that the Administration has been working on this for three years, and he described the various routes considered. The present plan will give residents a pleasant walking exercise path. (Consent Agenda)

Ordinance No. 134-05: This ordinance authorizes improvements to the Hamilton Ice Arena which were discussed with the improvement of various facilities around the City. The bid recommended is within 10% of the architect's estimate. Part of the $158,200 allocated will create a vestibule which should help to conserve energy and provide much-needed storage space. Also included will be the renovation of lobby bathrooms and the addition of female changing rooms.

• •Mrs. Bartolozzi asked about the safety concerns raised during hockey games when hockey pucks were propelled over the netting and plexiglas. Mr. Patterson will address those concerns, hopefully before the beginning of the hockey season.
  
  

Asked if this ordinance includes roof repairs, Mrs. Bobst said that no large maintenance or equipment purchases are included. (Consent Agenda)

COMMUNICATIONS AND ANNOUNCEMENTS:

Mayor Knoble has forwarded an announcement of a forum on eminent domain and its use in Ohio. Council President Bobst noted that a resident has raised the issue in recent meetings, and both she and Mr. Frost have spoken to the resident about the topic. The Greater Cleveland Partnership will sponsor a breakfast meeting on the topic on October 24.

Council members have received an excellent booklet entitled Community Riparian and Wetland Guidance from the Cuyahoga County Soil and Water Conservation District.

The Mayor has received a communication from the Office of the Magistrates of the Court of Common Pleas which discusses foreclosures and describes a "fast track" for properties which are vacant and abandoned.

• •Mr. Matty indicated that he and Mr. Koran had received copies of the letter and felt that abandoned properties had a great negative impact on our neighborhoods. This new policy allows the City to notify the Court of Common Pleas when a property is in this condition, and if no challenges are filed, the property can be placed on the "fast track"so that a file will be immediately reviewed and a speedy disposition can be made. Mr. Matty was pleased to announce that Mr. Beirne, the Building Commissioner has already gathered the information on five parcels in our City and Mr. Matty has sent the required letter to the Chief Magistrate to expedite their handling. He will continue to follow up on the progress of the proceedings.
  
  

As there was no further business by members of Council, the meeting was adjourned at 9:40 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 October 17, 2005. These minutes may be revised or amended at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

OCTOBER 17, 2005

Public Hearing - Railroad Quiet Zones

The Public Hearing for Railroad Quiet Zones was opened by Mrs. Bobst, President of Council, at 8:01 p.m.

Council Members Present: Mr. Gollinger, Mr. Frost, Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

Absent: Mr. Hurtuk. Mr. Potterfield

Administration: Mayor Knoble, Mr. Linden, Mr. Mackay

Law Director: Mr. Matty

Press: Mrs. McKenzie, Ms. Payne

Mrs. Bobst called upon Mr. Gollinger, Chairman of Council's Environmental Committee, who opened the public hearing. It was noted that the meeting was being recorded by a resident.

Mr. Gollinger explained that at this public hearing, it is important to hear from residents, and to have them voice their concerns pertaining to the possibility of establishing a Quiet Zone in the railroad right-of-way through Rocky River.

The possibilities began with a meeting in Congressman Kucinich's office attended by the Mayor, Law Director Matty and Mr. Gollinger. At that meeting, changes in federal requirements were outlined, and it was clear that there is an opportunity for the Quiet Zone if it is deemed beneficial to residents. Either a partial Quiet Zone through nighttime hours or a full 24-hour zone is possible. Currently, traffic flow is being measured at each of the four arteries that cross at grade, Morewood, Linda, Wagar and Elmwood. Present traffic statistics will be compared to those on file with the Federal Railroad Administration (FRA), and the engineer's determinations will impact the cost to the City. No federal funds are available at this time, but the cost will be much less than originally thought.

AUDIENCE PARTICIPATION:

Jerry Monroe, 20831 Stratford Ave, expressed his strong advocacy for a 24-hour Quiet Zone. He pointed out that, unlike fitness center services recently approved for construction, the Quiet Zone could be made a reality only through City Hall, as residents are unable to deal directly with the federal government. He noted that a Quiet Zone is necessary during the day since trains are equally noisy then, and that daylight hours are when residents work in their gardens, enjoy birthday parties and other activities, and spend their leisure hours outdoors. He said it would be a shame if money meant the difference between a partial and full Quiet Zone. Stating that trains had been on the tracks since 1882, he expressed hope that this would finally be an opportunity for improvement, calling this an issue of quality of life for the core neighborhood and something desired by generations. He urged Council to "do it right" and not settle for half measures.

• •Mr. Gollinger corrected Mr. Monroe's impression that the difference is a matter of expense, stating that there is no difference in cost between a partial and a full Quiet Zone. The issue is not cost, but safety, which is paramount.
  
  
  
  

Jane Peer, 785 Wagar Road, thanked Council for offering a public hearing to hear resident opinions. She has a 10-month-old just beginning to sleep through the night and favors at least a partial quiet zone. She loves Rocky River, but a Quiet Zone would make her life much easier as it is for a relative in Michigan whose home is now in a Quiet Zone.

Jeff Shively, 20525 Stratford Ave, stated his opinion that when the railroad was considering running 30 trains per day, it was for bargaining purposes. Because the maneuver was successful, it has now cut back on its traffic. He asserted that Quiet Zones have existed in Chicago for 20 years. Finally, he commented that this would raise property values and improve the quality of life.

Scott Cook, 20562 Stratford Ave, has found out many details at a recent meeting attended by the Mayor and Law Director. He favors a 24-hour Quiet Zone.

Tom Harper, 20679 Stratford Ave, declared that he is 100% for a Quiet Zone.

John Oliver, 20731 Stratford Ave, is also in favor of a Quiet Zone. However, he pointed out that trains started running on the Nickel Plate Railroad in 1882. Although a Quiet Zone would be helpful, he noted that the railroad was here before any homeowners in the room bought their properties.

Terry Granzier, 20960 Beachwood Dr, agrees with preceding views. A big decision is whether to further invest in the property now owned or to move further north. Although he likes the area and would like to stay, Council's action on this issue will make a difference. He feels it should be a full Quiet Zone.

Neal Hunt, 20643 Stratford Ave, in also in favor of a full Quiet Zone. He grew up on Erie Road and has now settled his family on Stratford. He does not remember the trains as being this bad. His14-month-old child wakes up every night.

• •Mr. Matty said that it is worse, in some ways, because trains are required to blow their horns four times at each crossing.

Christa Medvin, 20615 Stratford Ave, asked why, if there is no difference in cost, Council is considering the possibility of a partial Quiet Zone rather than a full Quiet zone.

• •Mr. Gollinger responded that a partial Quiet Zone would give some relief from the noise. Safety within the City is also an issue. At night, there is considerably less traffic than during the day when there would be a greater risk. Further, some people want to hear the horns. The federal government now provides three options: no change from the present, full Quiet Zone and partial Quiet Zone. The cost of the latter two alternatives is approximately the same, and may depend in part on the traffic counts. Asked how many trains pass through the City, it was noted that an average of 3.6 per day passed through last month, with the highest number in any day of six.
  
  
• •Mr. Matty explained that a couple of years ago, the only alternative was a 24-hour Quiet Zone. About 18 months ago, the railroad and cities asked for and received more flexibility. In the final rule, a partial Quiet Zone from 10 p.m. until 7 a.m. is also available. There are 14 Supplemental Safety Measures (SSM), and the City can choose either a full or partial.
  
  
  
  

Bobbie VanAtta, 21160 Stratford Ave, added that during the day, when on the telephone, she cannot hear because of the whistles, and she is interrupted in many other daily activities, particularly during warm months. She would like to see a full Quiet Zone.

During the discussion that followed, resident questions included:

Switching is the worst, with trains going back and forth very slowly, and occurs in the early morning hours. Is this included in the train counts?

• •Mr. Matty thought that probably, it was not, but in a full Quiet Zone, horns would not have to be sounded in this process.
  
  

A resident's in-laws were told when purchasing a unit in Astor Place that funds had already been allocated for implementation of a Quiet Zone.

• •Mr. Gollinger reiterated that this is not a money issue. Originally, the amounts thought to be required were astronomical, but since the meeting in the Congressman's office, it is known that now there are other alternatives. Thanks to the Mayor and Mr. Matty, efforts have been ongoing to reduce the number of trains and work toward the possibility of a Quiet Zone. Mr. Matty negotiated the settlement which now sees fewer trains than ever passing through our City.
  
  
• •Mr. Matty explained that the settlement with the railroad has meant that many daily trains are routed south to Clogsville, and then connect to the west, to the Vermilion route. He expressed his hope that this continues, as it means fewer trains on our route.
  
  

How long will it take to set up a Quiet Zone?

• •Mr. Matty explained that following decisions as to the required SSM, a 60-day period follows application by the City. During that time, the FRA, the railroads, or other parties may have objections. In order to implement a Quiet Zone, the cooperation of Norfolk Southern would be necessary as part of the settlement agreement, but Mr. Matty feels that our track space is sufficient for the SSM to be installed and that they would not have objections.
  
  
• •Mr. Mackay, the City's consulting engineer, feels it is too soon to say, as it depends upon which SSM Council decides to install. Each is different, and he is not sure what we can install, based upon the cost and physical factors.
  
  
• •Mr. Gollinger asserted that once approval is granted, the City would like to move forward as quickly as possible.
  
  

A safety question was raised: do statistics show that there is a risk of a higher accident rate with a Quiet Zone than when horns are sounded?

• •Mr. Matty explained that present risks are first calculated, based upon the number of trains, number of intersections and traffic. Then the City can choose SSM which will lower the risk. The aim is to have a lower risk without horns than with. Mr. Mackay added that information and calculators are available on the FRA website.
  
  

Mr. Frost noted that everything is based on current traffic. If the number of trains increases, he wondered if the City will be required to add more or different SSM.

• •Mr. Matty acknowledged that sometimes it does make a difference. Once in place, increased or decreased train traffic may mean changes. At this point, it is difficult to be able to say for certain. Once Council decides to move forward, the engineer will make plans. He further explained that the City has two paths open: it can install SSM at all intersections. This will create an exception to the rule. If the City chooses, it can install SSM at certain intersections and use those plus signage at others. Then a calculation will follow to see if it is below the standard set by national statistics for all intersections. The risk factors of the four as they now exist and after addition of SSM will be compared. If we do not add to each intersection, SSM must be in place before the application. Mr. Mackay will advise the City as to its best course. The City is in a good position because it currently has lights and gates at all four intersections.
  
  

What about the safety risk posed by people who may walk along the track? This resident heard about an incident in which someone was killed.

• •Mr. Matty indicated that the incident occurred when there were two tracks and trains running in both directions. Since we no longer have a second track, this will help in what we must do.
  
  
• •Mayor Knoble believes it may vary from crossing to crossing. The City is now conducting traffic counts and has found that Wagar has three times the traffic of Morewood and twice that of Elmwood. Linda remains to be completed.
  
  
• •Mr. Gollinger feels that no system can be 100% foolproof. He noted that any reasonable person realizes that some persons like risk. Should an incident occur, it would not be because of the Quiet Zone.
• •Mr. Frost, chairman of the Safety Committee, addressed some safety considerations. He noted that in the present situation with safety gates on the right, there are those individuals who will go around in order to cross the tracks. Two gates, then, or a barrier in the center of the road would help prevent that. It is not completely foolproof; however the idea is to reduce the level of risk.

As to why consider a partial Quiet Zone, it is conceivable that Council could hear from residents who feel there is too much traffic during the day and they would be more comfortable with horns then, but would sleep better without them at night. Because the option is now available, it has been under consideration.

A resident recalled a time during the Nickel Plate Railroad days when railroad police patrolled the tracks to prevent pedestrian traffic. He has not seen them since the Norfolk Southern took over. He feels the railroad should patrol its own property.

All residents were encouraged to express their opinions by e-mail, phone or letter. Communication information is on the City's website, http://www.rrcity.com/ Council will continue to accumulate resident responses.

• •Mr. Matty noted that he has had 13 communications. He excluded two of them because the persons were present at this hearing and have expressed their opinions. Of the remaining 11, 6 were in favor of the Quiet Zone, one non-responsive on this topic, and 4 in favor of continuing the whistle.

As there was no further public comment or comment from members of Council, the Public Hearing was closed at 8:53 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 October 17, 2005. These minutes may be revised or amended at the next Legislative Meeting.