DRAFT

CITY OF ROCKY RIVER

NOVEMBER 1, 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, Mrs. Bobst

Absent: Mr. Hagan

Administration: Mayor Knoble, Mr. Linden

Assistant Law Director: Mr. Hotz

Press: Mr. Kelley, Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance.

UNFINISHED BUSINESS:

Resolution No. 91-04: Mrs. Bobst noted that this ordinance is still on hold pending revisions in the exhibit.

Ordinances No. 115-04 and 116-04: These ordinances would rezone City property on Lake Road. Mr. Potterfield indicated 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 questions about the impact of EPA rulings on this property.

Resolution No. 133-04: This resolution adopts the Master Plan. Mr. Potterfield noted that it has been referred to the Planning Commission which has decided to look at the plan piece by piece, so he expects that this resolution will be on the agenda for some time.

Ordinance No. 141-04: This ordinance deals with the formation of a City Records Commission. Mrs. Bobst asked the Mayor if the issue has been presented to the Rocky River Historical Society, since it is the Ohio Historical Society which has written extensively on the subject. The Mayor indicated that a formal discussion had not been held, but that informally, he had discussed the topic with their president. He noted that the Ohio Historical Society now has a video and a power point presentation. Mrs. Bobst also commented that their website has an extensive section on local government records. She asked that this ordinance be placed on the Consent agenda.

Ordinances Nos. 143-04, 144-04 and 145-04: Mr. Gollinger has received information from the Law Director concerning revisions for Ordinances Nos. 143-04 and 144-04. He expects to read these ordinances for the first time at the next meeting, and to read them three times before calling for a vote on passage.

Ordinance No. 148-04: Mrs. Bobst explained that this ordinance authorizes a contract with the Cuyahoga County General Health District for the many services it provides for residents. The per capita cost has risen by only $.25, and Mrs. Bobst indicated that in reading recent reports of their services, she felt it was a good value for residents.

Ordinance No. 149-04: This ordinance, which authorizes a feasibility study for Yacht Club Drive/ Riverdale Drive, will be discussed at the next meeting of the Contracts Committee to be held on November 15 at 7:00 p.m. Mayor Knoble cautioned that passage of this ordinance is not a guarantee that the project will proceed. It is, however, an additional step to take before anything further is done, and will address factors such as expansion of the turn, the presence of rock vs. sliding hillside, i.e. the geography of the area. This is a relatively modest expenditure but a necessary step and it will show if the City must acquire more property in order to widen the turn. At any rate, the Mayor acknowledged that this is a longer process than originally thought.

• •Mr. Potterfield mentioned that a feasibility study was done in 1988 which tried five different ways. At that time, nothing further was done, partly because some landowners did not want to work with the City. He wondered why another study should be commissioned at this point.
• •Mrs. Bobst asked if this study has been reviewed by our engineer. The Mayor responded that it has, and Mr. Lesiecki feels that this further study is necessary. Copies of the 1988 study will be provided for Council.
  
  
  
  

MISCELLANEOUS BUSINESS:

Inventory of Collaborative Relationships: This inventory was completed in response to a request made several weeks ago by Dr. Vera Coombs as part of a NOCCA survey to assess what cities are doing cooperatively with neighboring communities. This draft will be forwarded to them for use in their November 12 presentation.

Madison Marquette Lease Agreement: Mrs. Bobst indicated that in mid-October, a memorandum from Director Koran had been distributed which outlined preliminary lease possibilities for the Beachcliff Market Square Parking Garage Project with legal opinions from Calfee, Halter attached. Mr. Matty has asked for authorization from Council, by motion, to proceed with final negotiations and preparation of an ordinance outlining those terms for consideration by Council. She noted that a vote to authorize the Law Director to proceed does not mean support for the proposals, but only authorization to proceed with negotiations. The legislation will also be reviewed by the Contract Committee.

MOTION:

Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, the Law Director be instructed to finalize negotiations with Madison Marquette on the Beachcliff Market Square Parking Garage Project and to prepare an ordinance for Council consideration.

Discussion: Mr. Hurtuk indicated that he was puzzled at the Law Director's request for instructions by motion, and he explained that he would prefer to wait a week and ask Mr. Matty for further details. He volunteered to speak to the Law director and commented that he believed the project had merits, but he did not feel that a week's delay would be harmful.

In the absence of further comment supporting immediate action, Mrs. Bobst withdrew her motion. She then asked the Mayor for his opinion.

• •Mayor Knoble observed that this is a crucial part of the development, and as it is delayed longer, more difficulties will arise.
• •Mr. Frost added that he is in favor of the legislation and pointed out that Council can still amend any agreement made. Nothing would be lost by granting the motion to proceed this evening, and since the Mayor asks for no unnecessary delay, he favors proceeding.
• •Mr. Gollinger said that a longer opportunity to review the ordinance that will be proposed will mean that Council will be better informed. He tends to support moving forward and agrees that nothing will happen until passage. Prompt action this evening will mean a longer review period.

Mrs. Bobst restated her motion:

Moved by Mrs. Bobst, seconded by Mrs. Bartolozzi, that the Law Director be instructed to finalize negotiations and draft legislation on the Madison Marquette lease agreement for Council consideration.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Bobst - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor reported that tomorrow is Election Day, and the City will have additional uniformed personnel on the streets. He is confident that the City will be able to respond to concerns of residents and the Board of Elections. He emphasized that their function will be to enforce the laws of Rocky River, not the rules of the Board of Elections.

The Wooster Road bridge will not be finished this year. The Mayor has been presented with a plan for the winter which will involve one northbound lane from Hilliard north and one southbound lane which, about 1/3 of the way across the bridge expands into a turn lane.

• •Mr. Hurtuk asked if there are problems that were not anticipated, which was confirmed.

The Mayor felt that the project will be completed three months from the startup in the spring.

The Aberdeen Road project has been completed. The Mayor drove it on Sunday afternoon and commented that every house had pushed leaves into the street. The Mayor is pleased at residents' enthusiasm and pleased at the happy conclusion of the project, although he hopes the leaves do not clog the sewer system.

The Mayor wished to give advance notice that City Hall will be closed on Thursday, November 11 in observance of Veterans' Day.

A letter has been received from Cox Cable informing the City that on November ll, unless it receives notification from the Mayor, it will open the HBO signal for one hour in order to broadcast Last Letters Home, "a one-hour documentary focused on America's fallen troops who sacrificed their lives in the war in Iraq." There will be no additional costs to Cox customers. No objections were registered by members of Council.

For some time, the Mayor and Mr. Linden have been concerned about the condition of the Marion Ramp. Following a number of meetings with the State and the County, the Mayor has received a letter informing us that the State and County will work together to do some repair work on that portion of road in Lakewood and Rocky River. They have requested that a formal ordinance incorporating the agreement be drafted to comply with their requirements. He thanked Mr. Linden for his efforts which helped bring this about at no cost to the City, and added that he hoped the ordinance would be passed expeditiously so that the work can move ahead. The project will also include the bridge over Rocky River. The consensus of Council members was that the project should move ahead.

Another issue which arose this week is a proposed traffic signal at Elmwood and Lake. Support for such a light has been strong among residents who try to cross that street to the park or whose children go out to play. A traffic survey was done as part of another study and it was found that the light was not warranted under traffic conditions and other criteria. The Administration ran across an engineering firm which has done work with speed warrants and hired them to analyze and prepare a report which the Mayor distributed to Council members. In the study, an unmarked police vehicle ran radar with a certified instrument and qualified police personnel. The information was gathered by the engineering firm who found that the light is warranted based upon the number of vehicles traveling over the speed limit. Asked for his opinion, Mr. Matty indicated that the light may move forward based upon the speed warrant basis.

• •Mr. Frost, who has been contacted by many members of his ward on the subject, felt that this study makes sense. He has read the other study and found that this intersection previously had come very close to meeting warrant requirements. This study clearly shows that the light is warranted based on speed and also that a light will help to control speed by shortening the distance which would allow cars to build up their speed. It will help the Police Department to enforce speed limits. He expressed surprise, however, that the 85^th percentile speed was 42 mph in the residential area.
  
  

The Mayor explained that if Council wishes to pursue this light, then the engineering would have to be done. The light would be tied into the City's current system. As yet, he does not know what the costs would be involved but, based upon a recent installation in Norwalk, he estimates it could be $100,000 to $110,000 plus engineering for the four poles, lines, and related wiring.

• •Mr. Gollinger recalled a warning that if the City connected an unwarranted light to the system, it could be liable to pay the costs of the entire system. He expressed concern that there could be a risk of financial liability if the City moved forward and installed a traffic signal.

The Mayor pointed out that this would be a warranted light. Mr. Gollinger strongly recommended that the City consult those who did the original system so that we are not in jeopardy.

• •Mrs. Bobst asked how this would be impacted by the work to be done on Lake Road.

The Mayor observed that the State will not pay to add a traffic signal; their work is to "mill and fill". More may be done if a grant is received, but although ODOT must know by next Friday if the City wishes to proceed in the next fiscal year, Congress has not yet passed the Transportation Bill, so we do not know if the grant will be awarded.

• •Mrs. Bobst asked what the next step would be.

The Mayor said he would like to move forward with the engineering whether or not we can tie it into the work on Lake Road.

• •Mr. Hurtuk commented that the cost may be lower, based upon a project he encountered three years ago. He acknowledged the dire need for the light, and favored proceeding.
• •Mrs. Bobst asked if this could be part of the 2005 budget.
• •Mr. Frost suggested that Mr. Matty may have knowledge of the prior project and be able to advise the City whether or not it can connect to the current system without incurring additional costs.

A consensus was reached by members of Council to pursue the engineering for the project.

The last two weeks have been very productive on the Bates Road/Orchard Park project and much activity has been seen recently. Curbs are basically in and sub-bases poured on Bates and Blossom. On other streets, grading has been done and some asphalt poured. It will not be possible, however, to completely finish the project before winter. Some streets will have only a middle layer of asphalt before construction is halted for the winter. The Mayor said this is acceptable because the streets will be smooth and can be plowed. Further details will follow.

• •Mr. Frost asked if manhole covers will protrude from those streets with only a middle layer of asphalt. The Mayor said that they will be almost smooth and the covers will be raised in the spring when the project continues.
• •Mr. Frost also asked about tree lawns; the Mayor is unsure at this time. He added that an updated letter will be mailed to residents of the area to keep them informed of progress. Mr. Frost noted that these are questions that residents have asked in their calls to him. He is pleased that there will be no ridge in the middle of the street. He asked to have grass seed in place before winter so that it will germinate immediately in the spring without additional crews working on the streets. He also requested that variations in grade be minimized insofar as possible, evening out mounds, holes, etc. This will provide an extra measure of safety with surer footing in the winter.
  
  

The Mayor reminded all that updated information will be on the website.

• •Mr. Potterfield commented that because the project will be extended beyond the deadline, he wondered whether the contractor will request additional funding. The Mayor assured him that this should all be included in the bid price. Mr. Potterfield noted that the project has already gone beyond what was originally anticipated. He wishes to go on the record that he does not wish to hear about additional funding. The Mayor supported this statement, but added that there can be no promises.
  
  
• •Mr. Frost asked about completion dates and a penalty if the project is not completed in a timely manner. He wondered if this has been done and if it could be done in the future. It was noted that this was present in the original contract, but a change in specifications also changed the deadline
  
  

The Mayor also reported that the sound barriers on I-90 have been completed to the west, on the south side, almost to Bates. A resident in the area has already told the Mayor that there has been a reduction in the noise level.

The Mayor met with the Building Commissioner and drove by the Hickey house on Shoreland Avenue this afternoon about 1:30. He said he is not happy with the situation, but he does believe that the Hickeys have met the spirit of the law, though not without a lot of communication between them and the Building Department. There is still a noticeable dropoff at the edge of their driveway which he feels will wear down in time. Mr. Beirne feels that it meets the Code and the spirit of the law; it is a vast improvement over its former state. The Mayor hopes the two families will come together and end this neighborhood dispute. Sod has been planted and the completed project is basically acceptable.

Discussion: Mr. Potterfield noticed that Hilliard still has its orange decor on the west end and wondered if the project will be finished by Thanksgiving as originally planned. The Mayor explained that a new base was needed from River Oaks to the Westlake border but the project is proceeding. Since the company was slightly ahead of schedule, it appears that it will still be possible to finish in time to meet its original deadline.

Another question asked by residents was the absence of security at the rink for Friday night skates.

The Mayor explained that at the time off-duty police officers were assigned, a slightly older group of youngsters frequented the rink. A review of the situation was conducted by Mr. Patterson, Mr. Linden and the Mayor, and the Mayor decided to save four hours of police overtime by eliminating their presence. Mrs. Bobst asked if there have been any incidents in the three weeks since the elimination of security. There have not. Mrs. Bartolozzi asked who is in charge. When she attends, she notices many 4^th graders being dropped off and the only adult she sees is the cashier. The Mayor asserted that there is always a supervisor on duty.

COMMITTEE REPORTS:

Safety Committee: The Working Group on Animal Control Laws will meet tomorrow at 7:00 p.m. in the Committee Room. They are working with finalizing suggested proposals to the Safety Committee to be presented in early December.

Planning, Zoning and Economic Development Committee: Mr. Potterfield indicated that his committee will meet next week, November 8 at 7:00 p.m. in the David J. Cook Council Chambers. A guest from HzW Consultants will answer questions about the impact of EPA regulations on the Lake Road Development site.

Contracts - Government and Judicial Committee: Mrs. Bobst reminded everyone that Mr. Hagan's committee will meet on November 15 at 7:00 p.m. in the Committee Room.

NEW BUSINESS:

Ordinances No. 150-04: Mrs. Bobst noted that a memo had been distributed by Mr. Linden to explain that this year, there had been two bidders to provide meals for the jail facility. The bid he recommended is a Rocky River vendor, Michael's, whose prices have not changed from last year.

Ordinance No. 151-04: Mr. Linden explained that the City has a five-year contract with BFI to remove grit and screenings from the WWTP. In July, 2003, BFI was directed by the Ohio EPA to collect an additional $.25 per ton, retroactively. BFI has had to pay this fee, and is now asking to be reimbursed for past levies and have the figure included in the contract until it expires in 2006. This is not a large amount of money, and the Mayor reminded Council that the City has a very good relationship with BFI which takes all our refuse, blue bags, etc. at a very reasonable cost. As the management city, Rocky River is authorized to act on behalf of the WWTP cities.

Ordinance No. 152-04: Mr. Frost explained that this ordinance will authorize the purchase of .40 caliber semi-automatic duty weapons for the Police Department. Mr. Linden commented that this is a lighter weapon. With trade-in there will be a net credit of $918 if Council accepts the recommended bid. Mr. Frost requested that this ordinance be placed on the Consent Agenda. Mr. Linden added that belts will be included, and the weapons have a built-in light which frees the non-shooting hand for other needs. He thanked Ptl. Rusinko who contributed extra work to procure the weapons without the expenditure of taxpayers' money. Mr. Frost also noted that the used weapons will be sold only to sworn law enforcement officers or law enforcement agencies.

Mrs. Bobst asked if 35 weapons will outfit the entire department, and was assured that it would.

Ordinance No. 153-04: Mr. Gollinger explained that this ordinance is connected to Ordinances Nos. 143-04 to 145-04 pertaining to rental properties. It increases the penalties for failure to comply with citations. He noted that this applies to all properties, not only rentals. The Law Director provided the wording for the revised exhibit. He asked committee members to review the ordinance which he plans to read next week.

Ordinance No. 154-04: Mr. Potterfield has discussed this ordinance with the Building Department and explained that this is necessary to bring the Code into compliance with the State Code. At the same time, the fee is being increased to $75. Mr. Potterfield asked that this be placed on the Consent Agenda.

Ordinance No. 155-04: This ordinance accepts the recommended proposal to equip a fire/EMS central dispatch center. Mr. Frost noted that prior discussions have raised the point that this year our City is charged with the responsibility for administration of WCOG, hence this ordinance. It is now time to move forward and accept the proposal. The Mayor noted that all four cities have passed basic ordinances accepting the central dispatch. Mr. Matty has drafted this ordinance and approved the language, and this step is necessary to move forward. There is some interest in North Olmsted, but as yet, they are waiting to see what happens. There was a consensus to place this ordinance on the Consent Agenda.

Mr. Potterfield confirmed that the amount of this equipment and installation will be fully covered by a grant from FEMA.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mrs. Bobst reminded all that tomorrow is Election Day and the polls will be open from 6:30 a.m. to 7:30 p.m. She also said that she hoped to see the prompt removal of political signs following the election.

The Mayor attended a pancake breakfast sponsored by Mr. Petro. A number of candidates for other offices attended, and at the end of the breakfast, as the Mayor was leaving, he noticed some political signs had been erected without permission on City property and had them removed immediately. He wished to make clear that he had not encouraged or permitted any political signs on the City's land. No one asked, and as soon as they were discovered, they were removed.

On Friday and Saturday, November 5 and 6, the Senior Center will sponsor a Harvest Holiday Craft, Antique and Quilt Show from 10 a.m. to 4 p.m. Admission is $2, and Mrs. Bobst encouraged everyone to attend.

As there was no further business by members of Council, the meeting was adjourned at

9:18 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 Committee-of-the-Whole of November 1, 2004. These minutes may be amended or revised at the next Legislative Meeting.