CITY OF ROCKY RIVER

JANUARY 11, 2010

The Regular Meeting of Council was called to order by Mr. Moran, President of Council, at 8:03 p.m. in the David J. Cook Council Chambers.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. Mylen, Mr. Furry,

Mrs. Arabian Whitman, Mr. Moran, Dr. Schieda

Administration: Mayor Bobst, Mr. Linden, Mr. Thomas

Law Director: Mr. Bemer

Press: Ms. Toth

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the Special Meeting of January 4 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Schieda - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Shepherd, that the reading of the minutes of the Legislative Meeting of December 28 be waived, and that the minutes be accepted with the correction of a name spelling.

Vote: Hunt - aye Shepherd - aye Mylen - abstain Furry - aye

Arabian Whitman - aye Schieda - abstain Moran - aye

5 ayes 0 nays 2 abstentions PASSED

Mr. Moran welcomed three students in attendance: Jennifer Pease, Jacquie Sparks and Jane Swartz.

MAYOR'S REPORT:

The City has been notified by Cleveland MetroParks that the 2010 Deer Management Program will commence on January 11 and continue through March 11. There will be sharpshooters in posted areas in the valley and residents whose properties abut the valley have been notified. In the past, this has been a very safe process. The venison will be donated to a local foodbank.

The Ohio Department of Natural Resources (ODNR) has submitted preliminary coastal erosion area mapping, information which is important to residents along the lakeshore. Two affected properties have been identified at the west end of Avalon at Lake. Residents will be notified of a Public Hearing which will be held Thursday, January 28 from 6:30 until 8:30 p.m. Documentation is available in the Building Department for any interested parties.

The financial summary and narrative for December have been distributed to Council members this evening. Any questions may be directed to the Finance Director or Mayor's office.

Last Friday, the Mayor, Safety-Service Director Linden, Police Chief Wagner and Det. Carl Gulas who heads the Marine Patrol, attended the annual dredging meeting at the Cleveland Yacht Club. Also in attendance were representatives of Congressman Kucinich's office, the Coast Guard, the Army Corps of Engineers, and the Department of Natural Resources. This meeting is important to the health of the river and in the management of ice jams if they should occur as the season progresses.

The 2010 Resident's Reference has been mailed to every Rocky River household. The Mayor thanked Cleveland Magazine and the advertisers who make it possible to provide a copy to every household. She also thanked her assistant, Mary Ventimiglia, Economic and Community Development Director Koran and his assistant, Heather Wagner who worked with the magazine to provide the data. The cost of producing the Resident's Reference prior to the present format was approximately $14,000 each year, not counting staff time. With the new format, there is no cost to the City.

The refuse collection schedule has been sent to all residents in its new postcard format. By using postcards, $750 was saved in printing alone, and manpower hours were saved in the delivery process. An e-update was sent to alert residents to expect it.

The Mayor attended the RTA public meeting last week and commented that RTA is still seeking resident input about proposed modifications to the transit system. Anyone with a concern is encouraged to visit the RTA site to help RTA make decisions which are in the best interests of residents. They are interested in knowing starting points, destinations, routes and times of riders in order to better decide service needs.

The Mayor shared statistics from the Recreation Department:

• The Silver Sneakers program has 90 registered participants, all new members, and 40 more pending insurance company approval.
• For the automatic withdrawal option, 25 membership packages have been sold.
• During last week's demonstration week, more than 450 people took advantage of the free time.
• For the third learn-to-skate session, more than 650 skaters are enrolled. This is equivalent to the enrollment during last year's ice show sessions.
• The New Year's Eve Skate attracted 350 individuals with 250 at the Friday night skate for the youngest community members.

In Senior Center news, on Saturday, February 6, an intergenerational experience will be co-sponsored with Community Coalition from 11:00 a.m. to 1:00 p.m. at the Senior Center. Activities will include Wii, activity stations featuring valentine making, corn hole, storytelling, singalongs, balloon art and other card games.

The fourth annual Family Game Week will be February 7^th through the 13^th. The purpose is to encourage everyone to unplug TVs, computers, and electronic gadgets and play face-to-face games to reconnect with family members and friends.

The Senior Center's fantasy walk has begun, and this year will go to Chicago. Participants wear pedometers and progress is recorded on a map. A party to celebrate arrival is held and the Mayor said it is a great way to encourage fitness.

A letter has been received from Cathy Pokorny whose mother, Mary Hebert, was active at the Senior Center for many years. She was involved in volunteering and had a great love for the Center. She passed away not long ago, but left a bequest of $5000 to the Senior Center, and the family's wish is that it be used in a way that will be a lasting memorial. Director Calladine will meet with family members to determine the most meaningful way to use those funds. The Mayor extended condolences and thanks to the family.

The Mayor welcomed new businesses to the community:

• 911 Driving School on Detroit Rd She said they will provide access to quality drivers' education and promote traffic safety.
• On February 2, Main Street Cupcakes, based in Hudson, will come to Rocky River in the former Zeppe's location on Detroit Road across from Beachcliff Market Square.
• Kaiser Permanente opened an office on Center Ridge at the end of December.

Last week, the Rocky River City Schools hosted two well-attended community Engagement Sessions. Their website shows some materials presented, and an opportunity to provide feedback.

LAW DIRECTOR'S REPORT:

Mr. Bemer reported that the monthly train traffic count for November has been received, and that 3.6 trains per day, on average, passed through the City. The high, on two occasions was six trains, and there was a low of zero.

A meeting of the Civil Service Commission will be held this Wednesday at 7:30 a.m. All are welcome. With ongoing transitions, this will be a busy year for the Commission. It is expected that at Wednesday's meeting, a promotional fire examination will be scheduled. Later in the year

police exams will also be scheduled, and in 2011, additional changes will be necessary because of a retirement program subscribed to by a number of members of the safety forces.

Mr. Bemer commented on the meeting to be held by the ODNR, noting that some past meetings have dealt with an ongoing discussion of whether property below sea level is part of the public trust and therefore state property, or whether it belongs to the property owner. He said past meetings have had a great deal of testimony concerning the rules and regulations of the ODNR.

• The Mayor noted that at this meeting, the main focus will be the erosion map.

COMMITTEE REPORTS:

Parks, Recreation and Health Committee: Mrs. Arabian Whitman announced that 2010 will open in a healthy way with a ten-week challenge which will begin on January 27. Originally 100 openings were created for this program, but demand has exceeded the supply, and another 50 slots have been opened. The schedule has been finalized with a general screening at the first session on January 27 and weekly sessions except for March 17. The sessions will feature interesting speakers, classes, even a Heinen's tour to discuss labels and nutrition. She said this program is very exciting, and will be, hopefully, the second of many Healthy Rocky River programs.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mr. Moran commented that the new condominiums being constructed on River Oaks Drive are showing great progress, particularly with the recent weather, and look very good.

AUDIENCE PARTICIPATION: NONE

ORDINANCE NO. 48-09 BY JAMES D. SCHIEDA

AN EMERGENCY ORDINANCE TO AMEND, REORGANIZE OR DELETE VARIOUS TITLES AND CHAPTERS WITHIN PART ELEVEN OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER CONCERNING LAND USE PLANNING AND ZONING AND FURTHER KNOWN AS THE DEVELOPMENT CODE, AND DELETE PART THIRTEEN, BUILDING CODE SECTION 1331.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER

Dr. Schieda indicated that, as reported by the Law Director, the Planning Commission has completed its review, and will approve its minutes at the meeting of January 19. Council will await its information and recommendations.

ORDINANCE NO. 105-09 THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND DIRECTOR OF SAFETY SERVICES TO ENTER INTO AN AGREEMENT WITH AAA FLEXIBLE PIPE CLEANING CORPORATION FOR THE 2010 SEWER TELEVISING PROGRAM IN AN AMOUNT NOT TO EXCEED $75,000.00

2^ND READING

Mr. Hunt indicated that this ordinance will be discussed in detail at the next meeting of the Committee-of-the-Whole.

RESOLUTION NO. 3-10 BY JAMES W. MORAN

A RESOLUTION SUPPORTING THE APPLICATION OF DR. NEAL MARKS, ALSO KNOWN AS SRN REALTY, LLC, TO THE CUYAHOGA COUNTY BROWNFIELD REDEVELOPMENT FUND COMMUNITY ASSESSMENT INITIATIVE, IN THE CITY OF ROCKY RIVER, OHIO, AND DECLARING AN EMERGENCY

1^ST READING

Moved by Mr. Moran, seconded by Mr. Furry, that the rule requiring that Resolution No. 3-10 be read on three separate days be suspended, and that Resolution No. 3-10 be placed upon its passage:

Discussion: Mr. Moran explained that this resolution must be passed this week in order for Dr. Marks to make application for grant funds

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Schieda - aye Moran - aye

7 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. Furry, that Resolution No. 3-10 be passed as read:

Discussion: Mr. Moran noted that Dr. Marks has presented plans for his building on Plymouth. In order to apply for funding from the Brownfield Redevelopment Fund, a resolution of support from the City has been requested.

Mr. Furry asked about the brownfield designation. Mr. Moran responded that the rezoning request and the brownfield designation are separate. He also noted that there would be no cost to the City in passing this resolution. The Mayor added that brownfield funds will pay for Phase I, the analysis to see if contaminants are present on the property.

Vote: Hunt - aye Shepherd - aye Mylen - aye Furry - aye

Arabian Whitman - aye Schieda - aye Moran - aye

7 ayes 0 nays PASSED

ORDINANCE NO. 4-10 BY JAMES D. SCHIEDA

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT PARCEL NO. 303-03-010 FROM ITS PRESENT CLASSIFICATION OF SINGLE FAMILY RESIDENTIAL (R-1, F-1) TO PUBLIC FACILITY (PF) IN ITS ENTIRETY, AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

Dr. Schieda noted that this ordinance, which is a request for a zoning change, will require a public hearing. For the present, following its reading, he referred it to the Planning Commission for review.

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:34 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council