DRAFT

CITY OF ROCKY RIVER

OCTOBER 18, 2004

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. Lesiecki

Assistant Law Director: Mr. Hotz

Press: Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

Mayor Knoble announced that he has appointed Dr. James C. Ulchaker to the Parks and Recreation Commission to fill the unexpired term of John Petty. Dr. Ulchaker is an almost lifetime resident of the community, having moved here at the age of 3. He will be sworn in by the Mayor at the meeting on Wednesday morning.

Also on Wednesday at 10:00 a.m. the groundbreaking for the Hamlets West development will be held by the Coral Group and others involved in the project on Center Ridge Road.

Together with Mrs. Burt and the Law Director, the Mayor has been working on an ordinance accepting the equipment agreement with B&C Communications on behalf of the Council of Governments (COG) for the fire/EMS central dispatch center. Because Rocky River is the lead city of COG this year, accepting the proposal is the City's responsibility, and Mr. Matty's opinion is that an ordinance is necessary to establish a proper paper trail. The cost of the equipment will be covered by grants.

The Court Community Service organization has again provided free services to the City, picking up 38 bags of debris on October 16 from Detroit, Wagar, Wooster, Depot and Falmouth among others.

On October 12, the Cuyahoga County Department of Health (CCDH) gave 509 flu shots at the Senior Center to residents over 65 or with a chronic health condition. For those unable to receive inoculations, CCDH will hold an Open Flu Clinic from 9 a.m. to 1 p.m. on Saturday, November 6 at their Parma location. Further information is available from CCDH at 216 201-2001, option 7.

Discussion: Mr. Hagan wondered if Westlake will receive the grant funds, since they submitted the application, and how they would be disbursed. Mayor Knoble explained that Rocky River is only involved with accepting the proposal and has no involvement with the funding which will be handled by Westlake.

UNFINISHED BUSINESS:

Ordinances No. 84-04, 85-04, 86-04 and 87-04: These ordinances establish drive-through service businesses. Mr. Potterfield noted he expects the approved minutes following the meeting of the Planning Commission on Tuesday. He asked if Council members had questions or comments.

Mrs. Bobst noted that the body of changes was in Ordinance 87-04. These revisions to all parts of the Code strengthen it.

As there were no further comments, Mrs. Bobst asked if Mr. Potterfield intends to consider the ordinances for passage next Monday. Mr. Potterfield replied that that was his intent.

Resolution No. 91-04: Mr. Hagan reported that this ordinance remains on hold, and that he has been advised that the 2004 guidelines may not be available until 2005.

Ordinances No. 115-04 and 116-04: These ordinances would rezone City property on Lake Road. Mr. Potterfield reported that a consultant from HzW will be present at the meeting of the Planning, Zoning and Economic Development Committee on November 8 at 7:00 p.m. to answer concerns about the site.

Resolution No. 133-04: This resolution adopts the Master Plan and has been referred to the Planning Commission which will see a presentation from City Architecture at tomorrow evening's meeting. He noted that he expects that it will take a number of meetings for their review.

Ordinance No. 138-04: This ordinance is on hold pending revision of the easement by the applicant.

Ordinance No. 141-04: Mrs. Bobst noted that an internet search on records commissions will result in about 15,000 entries, so there is a great deal of interest in this subject. Guidelines have been provided in the Ohio Revised Code (ORC), Section 149.332. A handbook on the subject has been assembled by the Ohio Historical Society. Ordinance No. 141-04 follows the state code. Mrs. Bobst pointed out that Lakewood has presented the subject in more specific terms. One question in her mind concerned the state's attitude toward digitizing of records which could then be stored more efficiently and retrieved more effectively.

The Mayor responded that this is acceptable.

Mrs. Bobst then referred Council members to the October 2004 issue of American City and County which discusses the electronic storage of records. She noted that the proposed Commission would regulate only documents of the Executive Branch, not of the Legislative Branch. They may be called upon to consult on the maintenance of Legislative documents and how to keep records, but the Commission's jurisdiction does not extend to Legislative documents.

MISCELLANEOUS BUSINESS:

Additional $5.00 License Plate Local Fee: Mayor Knoble explained that state law establishes license fees for various vehicles from passenger autos to tractor trailers based on weight. Also in the law is a provision which allows cities to assess an additional $5 fee. Recently the Mayor asked the Finance Director to research the topic and discovered that the City's intent to levy the fee must be certified to the Registrar of the BMV by July 1 of the year before such a fee is assessed. This means that Rocky River has missed the deadline for 2005. The Finance Director estimated that this would raise about $75,000 per year.

Mr. Gollinger asked why the BMV recommends using a factor of 85% to estimate the revenue generated by the supplemental tax. The Mayor indicated that the Finance Director will be present at the next meeting.

The Mayor also noted that approximately 50% of cities in Cuyahoga County collect the supplemental fee.

Mrs. Bobst indicated that a liquor license transfer application has been received from Zeppe's. More information will be forthcoming from the Safety-Service Department.

This evening, information has been received from Director Koran regarding the proposed parking garage lease at Beachcliff Market Square under the proposed development by Madison Marquette. She asked Council members to review the attached information for further discussion of perspectives and ideas.

Mayor Knoble commented that this project will have an enormous impact on the downtown area. It is very desirable from the view of being competitive, particularly because the City is without raw land. One of the issues in order to make this project work was to build in enough parking spaces so that people can come comfortably to the area as a destination, park and stay to dine or shop. The idea of participation of the City in parking came early in discussions. The Mayor acknowledged that he was pleased in the way that the developer has met with businesses currently in Beachcliff Market Square and other businesses, churches, etc. He considers this agreement essential to pulling the project together. Because it is constructed as a lease rather than a debt, it would have to be renewed by Council each and every year and is not a 15-year automatic lease. The project has gone beyond the first stages with the developer taking title to several buildings. The parking garage would be under the north portion of the L-shaped development. The Mayor feels it is vital to this project and will bring whatever information or personnel is required by Council to make its decision.

Mr. Potterfield mentioned that he could not remember that the City has given money to a

private corporation for a project.

The Mayor pointed out that the City has improved the parking lot in the existing old Detroit. Off Detroit, the parking lot to the east owned by Mr. Spiegelberger has been paved and improved because it provides general benefits and provides parking to the public without restriction and at no cost.

Mrs. Bobst mentioned a parking study several years ago which cited the need for additional parking. She thought this is an opportunity to support parking needs in the area and also further a project which will generate income for the City. Receipt of that income will help offset the cost of the garage. She concluded that Council needs to give direction to Mr. Koran and the Law Director so that legislation can be drafted.

COMMITTEE REPORTS:

Environmental Committee: Mr. Gollinger announced the meeting of his committee next Monday evening, October 25, at 7:00 p.m. in the David J. Cook Council Chambers to follow up on rental properties.

Parks and Recreation Commission: Mrs. Bobst noted that the Commission will meet on Wednesday at 8:00 a.m. in the Pavilion.

Mr. Frost announced that the Robert Frost who has been approved as a substitute teacher in the minutes of the School Board is not the Ward I Council member.

Planning, Zoning and Economic Development Committee: will meet November 8. In addition to hearing from the president of HzW Environmental Consultants, Mr. Potterfield would like to discuss the recommended changes to the Code made by the Building Department.

NEW BUSINESS:

Ordinances No. 143-04, 144-04 and 145-04: Mr. Gollinger encouraged members to review the exhibits to these ordinances before next week's meeting. Mr. Matty assembled these ordinances based upon his interpretation of the Committee's deliberations, and Mr. Gollinger will chair an initial discussion next week.

Ordinance No. 146-04: Mrs. Bartolozzi mentioned that this ordinance will authorize the purchase of a new scooter for collection of refuse and turned to Mr. Linden for more details. Mr. Linden explained that this vehicle can be licensed for on-road use. He has observed the vehicle and the personnel in the Service Department have used this vehicle for over a week. It runs as well or better that the vehicle previously used which is not legal for on-street use. This is a scooter with a trailer which meets motorcycle requirements. It has also been tried by Lakewood and Shaker Heights in this area, and will be tried by Upper Arlington in the Columbus area. This is the same vehicle which was tested for a week and will have a 100% warranty. Mr. Linden feels that its construction is superior to the Cushman, and it should be in service for at least 5 years. Our City will be the first to use them.

Mr. Gollinger asked about the aluminum trailer vs. fiberglass. Mr. Linden said that at present, only aluminum is available. In several years, fiberglass may be made. The City, however, has used aluminum and steel in earlier times and found it to be very good. Asked about maneuverability, Mr. Linden said that it can be turned around in a double drive and can easily be backed in a single drive. The Mayor, however, has said that in single drives, it must be backed in and headed forward leaving the drive.

Mrs. Bartolozzi asked, in the light of the fact that three scooters were returned, if the purchase of more vehicles is contemplated. Mr. Linden said that none were planned for this year, and that we have a sufficient number of vehicles so that we can try this one for a year before buying more.

COMMUNICATIONS AND ANNOUNCEMENTS:

The Mayor requested an Executive Session to discuss a matter of pending or imminent litigation.

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Gollinger, that, at the request of the Mayor, an Executive Session be held immediately following the meeting for a conference with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action under Article X, Section 6, Subsection 3 of the Charter.

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 by members of Council, the meeting was adjourned at

8:40 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 18, 2004. These minutes may be amended or revised at the next Legislative Meeting.