CITY OF ROCKY RIVER

JANUARY 16, 2007

The Committee-of-the-Whole was called to order by Mr. Hagan, President of Council, at 8:00 p.m.

Council Members Present: Mr. Gollinger, Mr. Moran, Mr. Hunt, Mr. Hurtuk,

Mrs. Bartolozzi, Mr. Long, Mr. Hagan

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

Law Director: Mr. Bemer

Press: Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The Fire Division has submitted a grant application for education and outreach. Funds can provide smoke alarms and detectors with ADA components which would help the visually or hearing impaired. This application, prepared through the efforts of the Fire Prevention Officer, Rob Crowe, Lt. Kevin Bednarski and Chief Christopher Flynn, will target senior citizens, but will be useful to other residents, as well.

The Relay for Life has been scheduled for Friday, May 25 and Saturday morning, May 26. Details will be forthcoming, but the date has been reserved on the community-wide calendar.

The Board of Education will appoint Bob Ranc as its representative to the Parks and Recreation Commission at this Thursday's meeting. The Mayor commented that Mr. Ranc has long been involved with the schools and the recreation programs.

The community calendar is functioning well and is posted on the City's website, www.rrcity.com. Sent out through the City's e-update program, it was favorably received. The calendar was compiled through the efforts of the Community Federation and has already helped avoid conflicts caused by too many events scheduled on the same day. Although only community events of wide attendance are listed on the calendar, a link on the website will permit users to access a full calendar of events of many of the organizations, e.g. schools.

Shredding days have already been scheduled for Saturdays April 21 and October 6. These dates will be in the Residents' Reference currently being printed.

There were an estimated 300 attendees at last weekend's Pizza Skate. The Mayor was pleased to report that over the holiday season, more than 2600 persons visited the ice rink.

Finance Director Thomas has made arrangements with the CCA for the 2007 Taxpayer Assistance Program. The dates will be Thursdays March 29, April 5, April 12 and Saturdays, March 31 and April 14. As in prior years, representatives of the CCA will come to the Civic Center and assist residents with their city income tax without appointments on those days and without charge.

Today, the Mayor was proud to receive a letter from the National Arbor Day Foundation notifying the City that it has, for the 23^rd consecutive year, been named a Tree City, USA. She thanked Mr. Linden and Mr. Reyes for their efforts which resulted in the award.

There will be two DARE graduation ceremonies this week: St. Christopher's on Thursday at 9:30 a.m. and at Ruffing Montessori on Thursday, January 25 at 1:30.

ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR'S REPORT

Director Koran came forward to update Council on development in the City.

Residential:

• •Astor Place is complete. Some units, in fact, are being resold and for more than the original purchase price.
• •Beach Cliff Row has completed the first building, but has sold only 2 of the 11 units. The architect currently plans to redesign the interior of the units with a different price point from the current $380,000+.
• •River Place, a Chandler project on the Kaiser site, is complete and has turned out very well.
• •River Side, another Chandler project off Hilliard and E. Asplin, overlooks Spencer Creek. Mr. Koran described the homes as gorgeous, and said the project was doing well.
• •Grandview, following early delays, is finally progressing. Demolition is complete, and the infrastructure improvements and street are in as well as the concrete foundation and first floor. The second floor is also being roughed in. Mr. Koran said that he was optimistic that this $8 million project with 40 units will work out well.
• •Hamlets East and West are also going well. Two units remain in the West, and construction has begun for the East. These units will be slightly downsized and should appeal to empty nesters.
• •In other parts of the City, small or individual projects continue with new homes on Frazier, Avalon and Lake and projects on Wynwood.
• •A proposal has been received for a development on the Hausler site on the river. Six modern Frank Lloyd Wright-type units have been proposed by Morningstar to be sold at $500,000+. The project has received preliminary approval by the Planning Commission.
• •The proposed King's Tree development project slated for the John Brewer property has been withdrawn, and the property is once more for sale with an asking price of $940,000. This would include the Brewer house and the rear yards. Also on the back burner is a project proposed for the Yacht Club Basin.

Mr. Koran noted that between 2005 and 2006, there was an increase of $66.4 million in real estate values, basically because of projects like these.

Commercial:

• •Beach Cliff Market Square has much open retail such as Ann Taylor Loft, Joseph Banks, Chico's, White House Black Market, Brown Aveda Institute, First Watch, National City Bank, Liberty Books, and Pearl of the Orient. Coming will be The Pub. In another trend, the Cleveland Clinic will also have a storefront.
• •On Detroit, a new Giorgio's has replaced Zeppe's, and on Old Detroit, Mr. Koran listed many stores, old and new.
• •On Center Ridge Road, River Plaza is 100% occupied. Also on Center Ridge is the relatively new Interior Solutions. Spudnuts has been honored with the "Best Donuts in Cleveland" designation from Scene Magazine who also named Cigar Cigar the "Best Cigar Shop in Cleveland".
• •Also on Center Ridge, Dollar Bank has planned an expansion which will include a request for rezoning. They have purchased the first house on Forestview and would like to put in additional parking, a drive-through and an ATM. The rezoning request will come to Council.
• •Westwood Towne Center is 100% occupied, with Malley's being one of the newest retailers.
• •The Center Ridge Corporate Corridor held its first joint marketing promotion. Homer Taft conducted a brokers' open house in November. We hope to improve attendance numbers at a spring Brokers' Tour, and Mr. Koran noted that some office spaces are being updated in anticipation of that event.
• •Westgate Lowe's work is proceeding. The landscaped wall on Linden has received many compliments. Mr. Koran commented that this will be a huge store with 190,000 sq ft and more than 120 employees. It appears that tenants for the Fairview Park side of Westgate will be of the caliber of Avon Commons or the Promenade, and Mr. Koran commented that it will be impressive when completed.
• •The news is not as good for Rockport where Giant Eagle and Family Toy Store remain vacant. Within 12 months, they will be joined by Target. This would leave over 100,000 sq ft of empty retail space. Two long-term leases mean that the owners are not motivated to find new tenants.
• •The streetscaping is, for the most part, complete and has had a positive feedback from residents. Mr. Koran noted that the only eligible area for further streetscaping grants would be Allen Court which could receive a treatment similar to that on Detroit Road. The county has changed the program since Rocky River received its $300,000 grant; the maximum now is $150,000, and can be applied for if Council wishes.
• •Spending of the NOACA grant is under way. Parsons Brinckerhoff has been hired to look at the entire Lake Road corridor, and project stakeholders will take a bus tour of the corridor at the second meeting on January 24. This will be part of the effort to reconfigure the corridor, and Mr. Koran commented that convincing ODOT to maintain the four lanes on Lake Road may not be easy.
• •Scott Mauer purchased the street lights which came from Beachcliff Market Square. The rehabilitated posts have been installed at River Terrace and lights will be added as they are completed.

Mr. Koran commented that investment continues at a record pace, and the abundance of new retail outlets is a good gauge of the positive outlook of the commercial community.

Discussion: Mr. Hurtuk asked about the status of the ProCare on Hilliard. Mr. Koran said that he has been unable to uncover any information about the property. Mr. Hurtuk suggested a check of title transfers would show whether or not the property has been transferred.

Mr. Koran also mentioned that Great Scott Bakery will expand into the space vacated by the River Market.

Regarding Beach Cliff Row, Mr. Gollinger said he felt that construction on the second building is on hold with no firm date for construction set at this time.

Mrs. Bartolozzi asked about the American Legion property. Mr. Koran indicated that the property is currently on the market for $1.5 million. Adrien Elliot of King James Group has allowed their option to lapse.

Mr. Hunt asked about the project in the Yacht Club Basin. Mr. Koran responded that this is the DeCapua property which is still for sale. At one time eight townhomes were proposed, but there is a very large easement through the property.

Mr. Gollinger asked about the project across the river in Lakewood. Mr. Koran answered that the project is proceeding, but that there are delays because of problems with obtaining land from the Metroparks.

Mr. Bemer asked about the vacant church on Eastlook. Mr. Koran reported that the church is still for sale for $250,000. The property is zoned for a church which has caused problems for those interested in converting it to residential. There is interest from a church, however, which would mean no change in zoning, but no agreement has yet been reached.

Mr. Hagan thanked Mr. Koran for his report; it was decided that Mr. Koran would be invited to give an update quarterly.

UNFINISHED BUSINESS: NONE

MISCELLANEOUS BUSINESS:

Railroad Quiet Zone Update:

Mayor Bobst explained that the calculation of the risk index which determines whether or not a Quiet Zone may be established is the risk index for the zone as opposed to that for each crossing. After seeing some preliminary figures, she returned to the City's consulting engineer, Michael Mackay who asked an engineer from his office to insert updated train counts into the Quiet Zone calculator. The results have been extremely interesting, and may call for additional community discussion. These results show that without any Supplementary Safety Measures (SSM's) the City's risk index falls below the Nationwide Significant Risk Threshold (NSRT).

The Mayor called Ron Reis, the Director of Crossing Safety for the Federal Railroad Administration (FRA) to ask if this is possible, and confirmed that the City's risk index falls below the NSRT. They then discussed safety in the zone. If SSM's are not constructed because of the risk index, it may still be wise for the community to implement signage, cameras, limited curbing or channelization in a shorter length than the SSM. The greatest deterrent to motorists going around the gates is enforcement, fines and education. The Mayor noted that the City has had no issues with people going around the gates, but one issue she would like to consider is a part-time zone for safety reasons if the greatest issue is the evening hours. Pedestrian safety is also an issue, not at crossings, but along the entire corridor whether or not the City has a Quiet Zone.

It appears, then, that the City could establish a Quiet Zone without additional SSM's. It will be necessary to make upgrades to the Elmwood crossing. If the City follows this route, the Quiet Zone will be monitored and evaluated every year. Should the number of trains increase, for example, to 10, the risk index would be higher than the NSRT.

Mayor Bobst acknowledged that this is very good news for the City, and she would like to have resident feedback regarding safety issues, and whether they would agree that the evening hours are the most important.

Mr. Hagan added that in the Final Rule published by the FRA, the example given was four crossings for which the risk index was under the NSRT and the Quiet Zone was good for one year. This could end with an increase in train or vehicular traffic. In that example, the two highest risk crossings were considered for SSM's.

Mrs. Bartolozzi asked if the City were to go to a partial Quiet Zone, whether traffic counts would be made for the 24-hour period or only for the period of the Quiet Zone. Mr. Hagan said there was no example of that, and that he would have to look into the matter.

Mr. Moran noticed that the estimated cost for the installation of a four-quadrant gate was listed at $100,000, significantly lower than previously thought. Mr. Hagan theorized that the cost may be lower because there are already two gates in place. Mayor Bobst feels that there is a need to confirm that cost. She suggested that the City could request information on related costs in the Letter of Intent and have the confirmation before a final decision is made.

Mr. Hagan suggested that it may be possible to go directly to a notice that a Quiet Zone is being established because no SSM's are required. He noted, however, that Mayor Bobst is looking for more public input.

Mr. Gollinger pointed out that some crossings could be under the NSRT and some over, but if the aggregate is under the City can move forward with the zone. If any SSM's were to be used to establish the Quiet Zone, it would not be subject to an annual review. The Mayor noted that if Alternate Safety Measures (ASM's) are used, the City would be monitored, just as if none were used. Mr. Gollinger encouraged a public meeting follow up for final resident input. Residents who have contacted him are interested in the 24-hour Quiet Zone.

Mr. Hunt agreed that a follow up with residents is a good idea. His ward's residents are impacted by the noise, although he has had no specific requests for a 24-hour or partial zone.

Mayor Bobst offered to contact Ron Reis to see if his travel plans include a visit soon to our area or if a representative can join Council and answer questions for residents. She will report back next week as to availability. Mr. Hagan suggested the second meeting of the Committee-of-the-Whole in February, if possible.

Mr. Gollinger also mentioned the costs imposed by Norfolk-Southern.

Free Standing Commercial Signs:

By way of background, the Mayor explained that at the beginning of December, a letter was sent to business owners regarding free standing commercial signs informing them that the ordinance prohibiting the signs would be enforced. She was pleased to report that with the exception of three signs, and one new one, all were removed. City officials, including Council members, have heard from six to eight business owners, who all understood the issues of safety and aesthetics and wanted to work with the Administration and Council. One positive consequence of this enforcement is that property owners are now stepping up to provide appropriate permanent signage, like that approved for the corner of River Oaks and Center Ridge at the last meeting of the BZA. She thanked the business owners for their compliance and their willingness to work with the City, and pledged to continue enforcement.

Business owners, however, would be interested in working with Council on ways to allow for temporary signage with limits on time and frequency by permit. This could be for special events or openings. Mr. Koran has looked at other cities' regulations, and some do allow temporary signage to promote businesses. The Mayor also noted that different commercial areas have different needs, i.e. signage needs are different on Detroit Rd. and Center Ridge Rd. where most traffic is vehicular. A course of action is up to Council, and it was suggested that the matter be referred to the Planning, Zoning and Economic Development Committee for further discussion and to see if Council can work with business owners and the Chamber of Commerce for additional ways to assist businesses.

Mr. Gollinger expressed his appreciation to the Administration for enforcing the laws. He has had a number of calls from residents who appreciate the improved appearance of commercial areas. He said that he has had the opportunity to speak with business owners on Old Detroit and looks forward to working with them on creative ways to operate within the Code, or to alter the Code if it is beneficial to the City and the residents.

Mr. Hagan was pleased that the Administration and Council will investigate this matter. In his ward, there is a high volume of vehicular traffic on Center Ridge, and he has been told by a business owner that the sign increased his business by 40%. Mr. Hagan sees a delicate balance between promoting businesses which produce income and maintaining aesthetics, so he would like Council to look at this issue, particularly the question of whether to have uniform laws or perhaps laws by different zones. He would like to find the best alternative so that the City can be business friendly, but not go to extremes.

Mayor Bobst indicated her opinion that the current laws regarding commercial signage should be reviewed. It is important to be working with property owners to be certain they are aware of those laws and using signage consistent with the law. Secondly, feedback from property owners can contribute to recommendations to be made as to appropriate changes to the Code. She said the Administration would be happy to look into the issue, but will enforce the prohibition until the Code is changed. She said that Mr. Hurtuk's advice to send the letter and see what feedback occurs was excellent advice.

Mr. Gollinger requested the information gathered by Mr. Koran on the regulations of other communities. Mr. Koran came forward to explain that he had researched the internet and found a great deal of information in a short time because so many communities are struggling with this issue now. Mr. Gollinger asked for information on communities which match Rocky River's profile.

Mrs. Bartolozzi noted that there were few complaints to the Chamber of Commerce about enforcement of the sign ordinance.

The Mayor agreed to gather materials for review by the committee.

Commuter Rail Resolution:

Mr. Bemer explained that a sample resolution in support of federal funding for an analysis of the viability of a commuter rail system was distributed to Council members and is also being presented to all communities of the West Shore Stakeholders by All Aboard Ohio. The proposed rail system would extend from Lorain to downtown Cleveland. The resolution supports search and research as explained in Sections 1 and 2, providing for no agreements at this time or any financial expenditures. Passage of this resolution would indicate interest in the investigatory process and whether or not it would benefit the communities served, the environmental impact and the cost. This was proposed a month ago, and there have been no meetings since, but one is expected soon.

All Aboard Ohio, headed by Ken Prendergast, is rallying the West Shore Stakeholders. A primary interest is in developing areas along the rail line in Lorain County, particularly residential and retail. About 15,000 residences would be within a short distance of any depot, as well as other commercial and retail development, e.g. theaters. This would also require parking. All this development would create a market for new homes to support the commuter rail project.

Mr. Bemer has attended two stakeholder meetings and was asked to present this resolution to Council to see if there is interest in pursuing the project because there will be some significant costs at some point. Federal and state funding is yet to be determined. Asked about funding, Mr. Bemer estimated that with private funding, the project could be in operation in two or three years. With federal funding, it could take 15 years. However, the availability of federal funding is doubtful because the project is not safety oriented. Private funding is being encouraged, e.g. charging a fee for development of property or areas surrounding a depot. Of particular interest to Rocky River is the anticipated Quiet Zone. Mr. Bemer estimates that this project would require 10 trains per day, two round trip trains in the morning and evening and one at noon.

Mr. Gollinger pointed out that there would be significant hidden costs. It could make Lorain County more attractive to our residents with new housing and easy transportation to downtown. Rocky River has no room for the development and parking which would need to accompany a depot, so it seems, he said, there would be no significant benefit to our community in promoting this project. Additionally, the issue of the Quiet Zone needs to be addressed. He has not had much feedback from residents about the commuter rail line, but what he has had has been negative.

Mr. Bemer indicated that at one meeting, a comment was made anticipating an initial target of

$3 million in development costs, so the attitude of the communities needs to be gauged.

Mr. Hagan commented that this resolution supports a search for federal funding and does not obligate the community for anything else.

Mayor Bobst noted that any funding would be only for investigation, research to tell communities of gains to be made by following through with the project.

Mr. Hagan asked about the role of Norfolk Southern. Mr. Bemer said that there has been no formal statement, but that he felt the railroad would be interested in being the landlord of the system.

Mrs. Bartolozzi agreed with Mr. Gollinger and suggested that Council wait to see what action is taken by other communities. A consensus was reached to wait, and Mr. Bemer will report following the next meeting on what other communities have done.

COMMITTEE REPORTS:

Parks and Recreation Commission: Mrs. Bartolozzi reported that at the last meeting on December 20, modest increases were voted for concessions. It was noted that even with the increases, the city's prices are lower than those of other communities. The Commission will meet again tomorrow at 8:00 a.m. in the Pavilion.

NEW BUSINESS:

Ordinance No. 2-07: this ordinance will authorize the purchase of an ambulance for the Fire Division. Mr. Moran explained that this purchase was part of the 2007 budget and will be a third emergency vehicle for the Fire Division. Mr. Linden reviewed the existing two vehicles, indicating that # 67 was rebuilt following an accident 18 months ago and is in good condition; #68 is a 2003 and has seen heavy use, since 2000 runs per year are made. He stated that a third vehicle is needed so that the other two can be maintained and there will always be two vehicles in service. He considers this the most important vehicle in the City and having the redundancy makes sense. There are 244 double runs per year after which the City must depend upon mutual aid. With the accident and subsequent repair of the ambulance, the City was forced to borrow a vehicle from Lakewood. This will make the City less dependent upon mutual aid. The three vehicles will be rotated. Mr. Moran added that delivery of the vehicle will take 7 or 8 months, so a rules suspension will be necessary. (Consent Agenda)

Ordinance No. 3-07: this ordinance will authorize the purchase of computers for various departments. Mr. Long explained that most of the computers being replaced are 4-8 years old. In computer years, that is a long time. The Fire Division server is new and will allow the division to participate in all City hall computer contacts rather than just the peer-peer system which they currently have. The GIS server is 4-5 years old and the new one will run with increased speed. Mr. Long checked prices with Dell and found that the City is saving $300-$500 on each workstation by participating in the Ohio Cooperative Purchasing Act. (Consent Agenda)

Ordinance No. 4-07: Mr. Hagan turned to Mr. Linden who explained that this ordinance will authorize the sale of three Ford Crown Victorias no longer needed. He noted that the prices are lower because they are currently used two years longer than formerly. The Ford Taurus was used by the Building Department and the truck, which is showing a lot of rust, was used by the WWTP. Because it is in the interests of the City to move forward with the sale, Mr. Hagan will move for a rules suspension. (Consent Agenda)

As there was no further business by members of Council, the meeting was adjourned at 9:33 p.m.

________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council