CITY OF ROCKY RIVER

JANUARY 25, 2010

The Regular Meeting of Council was called to order by Mr. Moran, President of Council, at 8:16 p.m. in the David J. Cook Council Chambers immediately following the meeting of the Community Development Corporation.

Council Members Present: Mr. Hunt, Mr. Mylen, Mr. Furry, Mrs. Arabian Whitman,

Dr. Schieda, Mr. Moran

Absent: Mr. Shepherd

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

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 Legislative Meeting of January 11, and the meeting of the Committee-of-the-Whole of January 18 be waived, and that the minutes be accepted as submitted.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT:

The Mayor distributed letters being sent by Fire Prevention Officer Crowe as he works with residents whose house numbers are not clearly displayed. This is an issue for fire fighters and EMTs, and particularly when mutual aid is invoked and safety forces from other cities look for addresses.

All necessary construction easements are in place for Phase II of the Lake Road Project, and all documents will be submitted to ODOT on schedule. When their construction timetable is firm, the City will meet with business owners, property owners and residents to discuss the project and its timeline. There are many concerns about Lake Road businesses and Kensington School, so the Mayor would like to do this as soon as possible to allay concerns and disseminate information to those affected by the project.

Bids are being reviewed for scooters, and the Mayor observed that Safety-Service Director Linden will bring that ordinance to Council soon.

The Mayor requested that Ordinance No. 5-10 which authorizes the purchase of police vehicles, both line cars and the SUV be removed from the Consent Agenda. Upon further review, it was found that the ordinance contains an unnecessary vehicle. Since the ordinance has not been read, it will be re-presented next week.

• Director Linden further explained that the Ford Expedition is being purchased because the State of Ohio did not offer the Explorer this year under its State Purchasing Program. The Expedition is a 2010 at the price of a 2009 and is approximately $300 more than the Explorer, but because it includes a heavy duty package, it is an attractive arrangement for the City.



• Mr. Mylen asked about the condition of the vehicle being replaced for the canine unit. Mr. Linden responded that it is in mediocre condition, but it will be put into service for the other police dog.

In news from the Recreation Department:

• Over the weekend, a Girl Scout event attracted more than 500 girls. Director Patterson commented that more than 300 pairs of ice skates were rented.
• Silver Sneakers now has 200 participants.
• There are more than 50 members who have chosen the monthly payment plan.
• Wednesday, the 10-week challenge will have its kickoff. The program is full at 150 participants.

Wednesday, County Treasurer Jim Rokakis will host a foreclosure prevention seminar for residents.

On Thursday, ODNR (Ohio Department of Natural Resources) will host a public hearing on coastal erosion at the Civic Center. Residents who are impacted by the issues have been notified.

Discussion:

Mr. Furry asked about the foreclosure prevention meeting and the Mayor noted that in place of a more public announcement, individual homeowners thought to be at risk are being individually contacted.

Mr. Hunt clarified that business owners, property owners and residents will all be invited to discuss the Lake Road Project.

Mr. Hunt also voiced no objections to having Ordinance No. 5-10 withdrawn from the Consent Agenda pending an amendment.

LAW DIRECTOR'S REPORT:

Mr. Bemer reported that the 136^th monthly train traffic report for December has been received, and that there has been little change with 3.4 trains per day, on average, passing through the City. The high was six trains, and there was a low of zero on Christmas Day.

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR'S REPORT:

Mr. Koran began his development update on Center Ridge Road:

Hamlets East has resumed construction; foundations have been prepared for four new units and a fifth is currently being framed.

The former LaGorda a Mexican restaurant next to Zog Dogs, is being converted to a drop-off dry cleaner.

On River Oaks, the second building is under construction at Grandview. The exterior is complete and the interiors are under way. All units in the first building have been sold.

Across the street on Center Ridge, Boston Market has closed. Director Koran has spoken to the owner of a Dairy Queen in Lakewood who has plans to open a new Dairy Queen in that location.

Bank of American Home Loans will open in the small storefront next to Walgreens.

At the end of Plymouth Road, following the rezoning, Dr. Marks has purchased that property and will submit plans for a new medical building on that site. Mr. Koran commented that a new building on that site, which has long been vacant, will be good for the community.

The vacant house next door at 2900 Plymouth has been purchased by Jim Engler as a base for Homeworks.

Kaiser Permanente has begun renovations of space at 20575 Center Ridge Road for offices which will fill 75% of the fifth floor. This building was predominantly vacant last year and is now about 50% occupied.

Across the street, the building which housed Mocha Dreams which is owned by the Hom family, will open as a shop which manufactures and sells noodles.

There is no news at Rockport, but the Mayor and Mr. Koran continue efforts to attract a tenant.

Mr. Hero has reopened under new ownership.

On Detroit Road, Mint, a skin care salon, has opened in the former Style Mutt location. This brings Old Detroit back to 100% occupancy.

Main Street Cupcakes will have its ribbon-cutting next Tuesday, February 2. This is an expansion from the Hudson location.

The 911 Driving School has opened with police officers teaching teenagers to drive. Mr. Koran indicated that the interior has been completely renovated with classrooms.

EUP Business Printing has moved to the Lake Realty Building on Linda Street. The small building behind Einstein's Bagels where it was previously located is available.

Beach Cliff Market Square seems to be doing well: Planet Fitness has opened with a lot of equipment in the former Liberty Books space. TransAmerica Financial Retirement Services has opened on the second floor close to Tomorrow's Hair Salon. Unfortunately, Massage Envy has closed. Today a site plan has been submitted by Erie Island Coffee which would like to occupy the former National City Bank with a reopened drive-through.

The long-planned restaurant proposed for Linda Street is progressing. Work has begun with plans to open this summer.

On Lake Road, the Lindsay Team/Prudential Realty has taken over sales at Beachcliff Row, but there has been no other change in the status of the project.

Mike's BP is no longer a BP, but an independent.

Regarding the Storefront Renovation Program, the final numbers show that 27 projects were approved. The deadline was September 15, and he thanked Heather Wagner for assisting last-minute applicants. All 27 applicants received their rebates which totaled $80,303 and represented an investment of $252,500 in the community. Many rebates were in excess of $5000.

No response has been received on the City's application for a streetscape grant for Old Detroit Road. News should be received by April.

The Planning Commission has completed its review of the Development Code.

In Chamber of Commerce news, a new Board will be sworn in by the Mayor on Thursday. Jim Reidl remains president. Currently, sponsors are needed for the Business Expo, the Chamber's largest fundraiser. Anyone who knows of an interested firm should contact Liz Manning, Executive Director.

• Mr. Koran also noted that in 2009, there were 76 new members of the Chamber. He congratulated the Membership Committee on its work, particularly in this economic climate. The total membership now stands at more than 350.

Mr. Koran also indicated that he has no news on the possible continuation of the Storefront Renovation Program. There may be a program for parks, but details remain to be seen.

Discussion: Mr. Furry asked about Dawson Insurance. Mr. Koran noted that only Dawson Financial Management was sold. The two insurance companies will retain employees in Rocky River and were not part of that transaction.

Mr. Mylen asked if the new noodle restaurant will be a chain restaurant. Mr. Koran said it was not, as far as he knows. This property is owned by the Hom family and the shop will be run by a son, Randy.

• In other questions, Mr. Koran said that he has not heard of anyone looking at the vacant Hollywood Video.
• The restaurant on Linda is proposed to be a steak restaurant and will be located on the site of the old City Service Garage. Major renovations are under way.
• A final question concerned 11 River. Mr. Koran commented that site work is ongoing, but no construction trailer and nothing yet in the ground. Further, the retaining wall under the bridge has been repaired, and though not complete, looks much better.

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 this update to the Development Code remains in the revision process. David Hartt and his associate, Alisa, are working to bring the proposed revisions to Council. This has been a lengthy process, but summaries are expected within the week. A Public Hearing and presentation have been scheduled for February 22.

• Mayor Bobst added that the electronic copy of the proposed Development Code referred to the Planning Commission with revisions, a cross-referenced summary of recommendations and a general summary of the process will be ready in time for discussions next Monday.
• The Mayor reminded Council members that the process began as they were interviewed, along with members of the Administration and members of the boards and commissions. This was followed by stakeholders' meetings and working groups. This narrative will be prepared by the consultant together with all salient changes recommended. This will be discussed at next Monday's meeting of the Committee-of-the-Whole. She asked that Administration members be contacted with any questions as documents are reviewed.

ORDINANCE NO. 105-09 BY 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

3^RD READING

Moved by Mr. Hunt, seconded by Mr. Furry, that Ordinance No. 105-09 be passed as read:

Discussion: As previously discussed, Mr. Hunt noted that this ordinance is passed annually, primarily for emergency use. The bids received were lower than expected. In the past, $125,000 and $100,000 have been appropriated.

• Mr. Linden said that during the budget process, it was decided that $75,000 could be spent. Then estimates were made of the number of linear feet which would reach that number. The bids were under their estimate, but he would like to have that amount in case it is needed. Televising will also be necessary for interceptor sewers like Lake Road, Hilliard and Westway to be certain they are working properly, and not caving in which can only be ascertained by televising.

Mr. Hunt also noted that emergency situations will use a good part of this amount.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Schieda - aye Moran - aye

6 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"

Dr. Schieda noted that this ordinance, which is a request for a zoning change, has also been referred to the Planning Commission. Following their review, it will be returned to Council.

• The Mayor noted that the ordinance will be reviewed at their next meeting, February 16. When the ordinance is returned, a Public Hearing can be scheduled. She added that the City will communicate directly with residents that abut the area to answer questions on future plans, indicating that at this time, the City has no construction plans, only the establishment of the community garden on that property.

ORDINANCE NO. 7-10 BY JAMES W. MORAN

AN EMERGENCY ORDINANCE AUTHORIZING THE ADJUSTMENT OF SEWER RATES PAID TO THE CITY OF LAKEWOOD FOR THE TREATMENT OF SANITARY SEWAGE

1^ST READING

Mr. Moran noted that there is a section of 109 homes in Rocky River whose sanitary sewage does not flow to the Rocky River WWTP, but is routed to the City of Lakewood. Their bills for these homes are generated by the City of Rocky River, and the cost of sewage treatment is paid by the City to Lakewood. The rate has now been increased together with a fee for system improvement. The rate has been increased from $29.70 per mcf to $32.60 per mcf plus $8.99 for a total of $41.59 per mcf. Mr. Moran explained that the 109 homeowners pay the same as all households in Rocky River and will not be notified of any changes.

• Mr. Linden said that the Valley View project will decrease the amount of sewage sent to the Lakewood Treatment Plant as infiltration will end.

ORDINANCE NO. 6-10 BY DAVID W. FURRY

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT FOR THE PURCHASE OF CATIONIC POLYMER FROM POLYDYNE, INC. FOR ONE YEAR FOR THE WASTEWATER TREATMENT PLANT AT A COST OF $1.55 PER POUND

1^ST READING

Moved by Mr. Furry, seconded by Mr. Hunt, that the rule requiring that Ordinance No. 6-10 be read on three separate days be suspended, and that Ordinance No. 6-10 be placed upon its passage:

Discussion: Mr. Furry noted that this chemical is used for the dewatering process. Although Superintendent Harrington says that he has a supply of the chemical for February, Mr. Furry said it should not be risked, and there is no reason to delay.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

Moved by Mr. Furry, seconded by Mr. Mylen, that Ordinance No. 6-10 be passed as read:

Discussion: See discussion above.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Schieda - aye Moran - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS: NONE

AUDIENCE PARTICIPATION: NONE

As there was no further business by members of Council, the meeting was adjourned at 9:02 p.m.

____________________________ _______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council