DRAFT

CITY OF ROCKY RIVER

JANUARY 18, 2005

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

Law Director: Mr. Matty

The meeting was opened with the Pledge of Allegiance.

President Bobst congratulated Mr. Frost on his election as Chairman of the Cuyahoga County Republican Party. Mr. Frost, in turn, thanked Mayor Knoble for speaking on his behalf at the meeting Saturday.

Mrs. Bobst then turned to Mayor Knoble who introduced a guest, Mr. Tom Hyland, P.E., a professional engineer with ODOT who is the district engineer and in charge of the sound barrier construction project. The Mayor invited Mr. Hyland's comments relative to the temporary fences which are not in good condition. Because the project does not impact traffic, the City has not been overly concerned, but the safety of children and/or animals is of paramount importance.

Mr. Hyland gave a brief overview of the construction project: the contract is approximately 50% completed with walls A-1, A-2 and B and on and off ramps of I-90 completed. This week the project has moved to C, which is Westway. Work will be done from Westway to Lakeview and then to the north side to Purnell and continue from there. Several early delays on ODOT's part, e.g. problems with design criteria, have snowballed into more delays. The project did not get under way until September 1, so the original ambitious schedule cannot be met. With 50% to be done, they hope to complete the project by the first of March with all drilling complete, posts set and panels installed. Grass will be restored in the spring.

As to the fences, they have been blasted by the snow plows, and Mr. Hyland indicated that a light snowfall this year would have been very helpful. However, he said that if residents or City officials will call his office when they spot downed fences, they will be repaired.

• •Mr. Gollinger noted that the fencing material is flimsy, and hoped that the construction company will be proactive so that residents will not have to call because this is a safety issue. Mr. Hyland confirmed that after Lakeview, construction will go to the north side then to Valley View and back to Hilliard then across, jumping between Lakeview and Wooster. He indicated that Kramer will be done last because the slope is steep and wet and it is difficult to move equipment up the slope.
  
  
• •Mr. Gollinger then asked if the panels are hollow, noting that originally there was some material within. Mr. Hyland explained that the contract as awarded called for the panels to be either hollow or filled, as the contractor wished.
  
  
• •Mayor Knoble reported that information from residents of Beechnut, Bates and Berry have indicated that the walls work and reduce noise, better than expected. Mr. Hyland added that noise measurements were taken prior to and will be done following completion of the project.
  
  
• • Mr. Hagan's question concerned a resident's question as to why the strip from the on ramp to the Shell station was not walled. The resident contacted ODOT and received a letter explaining that it was not in this phase of this project. Mr. Hagan wondered if more funds might be allocated at a later date to complete areas not covered now. Mr. Hyland explained that he is in construction and is not certain if more construction will be done. He did explain, however, that some areas might have been excluded because of the difficulty in construction. Because of the $4 million limit, ODOT would try, he explained, to provide the most coverage for the dollar amount available. Areas where retaining walls cannot support the weight of the walls and would have to be rebuilt first might not qualify for this project. He further commented that next year I-90 will undergo construction.
  
  
• •Finally, Mr. Gollinger asked about small segments that are unfinished and asked if the existing fence will be painted. Mr. Hyland said that no painting is included in the project, but he will ask the construction company if they have any leftover bridge vinyl-coated fencing.
  
  
  
  

MAYOR'S REPORT:

The Mayor once more announced that the Skateboard Park idea exchange session will be held tomorrow evening at 7:30 p.m. at the Don Umerley Civic Center. All are welcome.

The Dare graduation at St. Christopher's School will be held on Thursday at 11 a.m.

A summary of all issues relative to Mrs. Skryzmoski and her property has been prepared by the Safety-Service Director. Issues date back to 1983 with various citations for rubbish, dilapidated/ unsafe structure etc. The Mayor noted that under his administration, there have been no citations, only warnings, including four in 2004. The file includes pictures and outlines attempts to get Mrs. Skryzmoski to clean up her property. A copy will be filed with the Clerk.

The Mayor also distributed a draft copy of a new policy for driveway apron snow removal for elderly or disabled residents. He explained that in the past there has been an informal policy, and if elderly residents call, the City would help by removing snowplow deposits from their driveway aprons. In the recent ice storm, the calls were so numerous that the Administration has decided that a policy is needed. He noted that it is proposed that the service be provided on an as available basis to households where no resident is less than 70 years old or living alone and disabled. Residents must be on the list before December 1 of each year. The Mayor also explained that main roads and side roads must take priority, and that after that, small trucks will be dispatched with emergency calls taking priority. He asked Council to review the policy and forward comments to his office during the week. Mrs. Bobst clarified the point that if it becomes medically necessary after December 1, a resident may be added to the list.

This Thursday, the Mayor will swear in new officers the Rocky River Seniors' Council, an advisory group to Mrs. Calladine and Mrs. Linden. This is not a City organization, and the City has no part in appointing members or regulating their activities. They contribute many volunteer hours, time and money-raising to the Senior Center. The ceremony will be at 9:45 on Thursday and Council members are invited.

Next Monday at the Lakewood-Rocky River Rotary meeting to be held at noon at the Don Umerley Civic Center, the Mayor will deliver the first of his State of the City addresses. All are invited. The Mayor indicated that there will be no surprises. His talk will be followed by a question and answer period.

The Mayor received word from a resident, confirmed by Giant Eagle, that it will close its Rockport store in February. He has spoken with store officials who confirm that the $5 million it has spent on its River Plaza store makes it impractical to keep this store open. They pledged their cooperation to the City in its effort to provide transportation for residents in the apartments and condominiums nearby to the new store. Within walking distance of the Rockport store are over 1000 residential units in Rockport, Continental West, the Presidential, etc. Giant Eagle still has 4 years on its lease and there are no provisions that another grocery be excluded. Mr. Koran has already begun the search to see if it can be replaced.

Finally, he requested an Executive Session to discuss a personnel matter.

Discussion: Mr. Gollinger asked if it is possible to have an updated list of snow plowers so that residents looking for someone to privately plow their drives have access to those willing to undertake it. The Mayor said that this has been tried, and except for a few freelancers, no one is available because of commercial contracts. They could find no one available on an on-call basis.

UNFINISHED BUSINESS:

Resolution No. 133-04: This resolution adopts the Master Plan. Mr. Potterfield reported that the issue is still under discussion by the Planning Commission. Their recommendations will be discussed by his committee.

Resolution No. 1-05: This intent to appropriate property will be discussed at next week's meeting of the Planning, Zoning and Economic Development Committee. The Mayor asked if it is Mr. Potterfield's intention to accept public comment. Mr. Matty indicated that no public hearing is required legally. Mr. Potterfield stated that he has no problem with public comment although he may have to limit the time. Mrs. Bobst added that residents may also speak during the Legislative Meeting.

Ordinance No. 2-05: This request for a rezoning has been referred to the Planning Commission. Mr. Matty reported that at this evening's meeting of the Planning Commission, the topic was tabled and will be considered in February.

Ordinance No. 3-05: This authorization to purchase office supplies from Office Max was read for the first time last week. Mr. Linden explained that last year Total Office Products was awarded the state contract. This Chicago-based firm used Boise to distribute its office products in the state. This year Office Max won the contract and was then bought by Boise which will continue to distribute products. In response to Mr. Gollinger's question of last week, with an ID card, City employees will be able to purchase from the local store. This will be on the Consent Agenda.

Ordinance No. 5-05: This also was read for the first time last week. With the great volume of snow this season, the purchase of this pick up truck with snow plow is necessary, so this will be placed on the Consent Agenda.

MISCELLANEOUS BUSINESS:

Mrs. Bobst asked Council members to review Council's budget items for 2005, accounts 110.111 for travel, etc., and pass along thoughts for modifications on the amounts allocated. The postage account is higher because of rezoning notifications; the memberships, because the NOCCA dues for 2005 were also paid from the 2004 account.

Mr. Potterfield raised the question of the two variances granted to Rye Croft Row by the BZA; a third was denied. He has received a letter of protest from the Riveria West Condominium Owners Association, and he would like Council to discuss the matter, including the possibility of a de novo hearing, after approval of the BZA minutes this week. It was decided that Council will hear from them next week and determine if a hearing is appropriate.

COMMITTEE REPORTS:

Planning, Zoning and Economic Development Committee: Mr. Potterfield reported that his committee met this evening and considered the Planning Commission's previous discussions of the Master Plan. Also reviewed were a potential traffic study of the Detroit Road area across from Beachcliff Market Square and three items recommended by the Building Department relative to Code changes.

Environmental Committee: Mr. Gollinger reported that his committee has received a communication from the Lakewood City Council about smoke-free environments. He has been meeting with some businesses involved as well as with Mr. Misener, a former chairman of Council's Environmental Committee which looked at the issue in 2000. He will discuss the matter next week under New Business to determine if the Committee will look at the topic again.

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

Finance Committee: Mr. Hurtuk has heard from the Mayor that the proposed budget for 2005 will be ready by January 31. He asked if it would be possible to have copies in Council packets on Friday, January 28. The Mayor said that he thought it would be possible; otherwise, he would have them hand-delivered on Monday. Mr. Hurtuk then indicated that he would like to schedule two meetings of the Finance Committee for review of the budget: the first, on Thursday,

February 3 from 2:00 to 5:00 p.m. to meet with directors, and a follow up on Monday, February 7 from 6:30 to 7:45. Following those meetings, the committee will determine if further meetings are required.

NEW BUSINESS:

Ordinance No. 9-05 and 10-05: These two ordinances amend the Code to conform to the agreement passed last week with the WWTP employees. Mr. Hagan requested that both be placed on the Consent Agenda.

Ordinance No. 11-05: Mr. Hurtuk explained that this ordinance would authorize acceptance of credit cards. The City presently accepts MasterCard and Visa, and this ordinance would add Discover Card for the convenience of residents paying fees to the Recreation Department, for example. This will go on the Consent Agenda.

Ordinance No. 12-05: This ordinance will allow the Mayor to appoint a temporary officer to the Police Department. The Mayor explained that the Police Department has one officer who has been on paid leave for over a year, is now on sick leave, and is applying for disability with the Police and Fire Pension Board. While waiting for this officer to be granted disability, the Mayor would like to appoint a temporary officer whose training could be completed during this waiting period. If disability is granted, this temporary officer would be ready to serve; otherwise he would be laid off. The Police Chief and Safety-Service Director are in favor of this ordinance. In response to a question from Mr. Frost, the Law Director confirmed that there would be no problem with existing contracts. Mr. Frost asked that it be placed on the Consent Agenda.

Ordinance No. 13-05: Mr. Hagan turned to Mr. Linden for an explanation of this ordinance which would authorize a contract for maintenance and repair of heating and cooling systems. Mr. Linden explained that he selected the bid with the lowest labor costs because that is the area of greatest expense. On that basis, he recommended a contract with Conserve Air. Mr. Hagan asked that this ordinance be placed on the Consent Agenda.

Mayor Knoble then mentioned that he had instructed the Service Department to begin mixing sand with road salt in a ratio of three parts salt to one part sand. This is being done to add traction in the cold temperatures we have been experiencing, but also because there is a concern that with present conditions, the City may run out of salt. He regrets that sand may make the City appear dirtier, but this is a safety issue.

COMMUNICATIONS AND ANNOUNCEMENTS:

The City has been notified by the Liquor Control Commission of the State of Ohio that the matter of Varney Enterprises (Lake Road BP) has been set for February 17, 2005 at 11:30 a.m. Mr. Matty feels that it will not go forward at that time, but he will keep Council informed.

Mr. Hurtuk thanked everyone for their condolences on the passing of his mother.

MOTION:

Moved by Mrs. Bobst, at the request of the Mayor, seconded by Mr. Gollinger, that an Executive Session be held immediately following the meeting to consider the appointment, employment, dismissal, discipline, promotion, demotion or compensation of a public employee under Article X, Section 6, Subsection 1 of the Charter.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

Bobst - aye

7 ayes 0 ayes PASSED

As there was no further business by members of Council, the meeting was adjourned at 8:55 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 theCommittee-of-the-Whole of January 18, 2005. These minutes may be revised or amended at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

JANUARY 18, 2004

Planning, Zoning and Economic Development Committee

The meeting of the Planning, Zoning and Economic Development Committee was called to order by the Chairman, Mr. Potterfield, at 7:00 p.m. in the David J. Cook Council Chambers.

Planning, Zoning and Economic Development Committee Members Present:

Mr. Potterfield, Mrs. Bartolozzi, Mr. Gollinger

Absent: Mr. Hurtuk (present for final vote)

Council Members present: Mrs. Bobst

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

Law Director: Mr. Matty on call, attending Planning Commission meeting

Mr. Potterfield introduced the first topic of discussion, Planning Commission recommendations concerning the proposed Master Plan. He explained that the Plan is large and detailed, and by general consent, the Planning Commission has decided to review it by sections. At the November meeting, their intent was a general overview and discussion of the Detroit-Linda St. area.

Mr. Potterfield commented that there is a great deal involved, and he agrees with the approach taken by the commission, to review section by section. His committee will try to keep up with the speed of the review. He believes in looking at the concept as opposed to specific details, i.e. as a package of ideas that could be done. Rocky River has never had a Master Plan per se, and because the City is 99+% developed, changes and growth will come about through redevelop-ment. The Plan has focused basically on nine areas, most of which are commercial in nature with some residential, or multi-family residential. Mr. Potterfield sees nothing that addresses changes increasing single-family properties. In reviewing the minutes, he noted that the Planning Commission has as many opinions as Council. All these different viewpoints have a commonality in wishing for what is the best for the City and its long-term goals. He then turned to the City's Economic and Community Development Director, Mr. Koran for his comments.

Mr. Koran agreed with all the comments made by Mr. Potterfield. The Planning Commission is reviewing the Plan chapter by chapter. The November meeting did not look at many specifics, but in December, they started with the focus areas. Mr. Koran agreed that everyone may be coming from a different direction, but all had a common goal of improving the City in the long run.

Mr. Gollinger agreed that there is no question that this is a complex work being addressed. He views this Plan as a "road map rather than a Bible", a direction that the City would be interested in taking. He commented that bringing development to fruition is basically an issue of price and profitability. Things are happening on an on-going basis to upgrade properties within the areas studied.

Mrs. Bartolozzi commented that the Planning Commission is doing an excellent job of narrowing the focus, noting their discussions of zoning ordinances. She looks forward to further specific recommendations. She agreed that it is an evaluation of ideas, and that each body thinks of what is best for the City.

Mrs. Bobst is following the review of the Master Plan document. Using a set of assumptions, it creates a function for plans in each of nine focus areas. This is based upon sound information with which Council agrees. Ahead, documentation will be needed that supports that in terms of rezoning or redevelopment, based upon salient information. Noting that density may be an issue, she feels that density is driven by the market place-not the developer, but the end user. As to zoning, she indicated that she does not feel everything should be rezoned now, but as projects are presented, if Council feels they are still in the best interests of the City, rezoning may be considered.

Mr. Potterfield voiced two concerns:

(1) In looking at the Plan, he noticed that some major changes were proposed on major streets, e.g. a reduction of traffic lanes onDetroit, Wooster and Center Ridge. He asked the Administration, at some point in the next two months, to request comments from the Police Chief and the Fire Chief as to the impact of those changes on traffic and fire safety. Removal of turning lanes on Center Ridge and on Wooster could create challenges. Changing the density and type of structures found in the City could affect fire safety with existing equipment.

(2) A number of developers, whose interest is appreciated by Mr. Potterfield, are referencing the Master Plan in justifying and promoting their plans. He needs to remind them that the Plan is being reviewed, and when adopted, is not "etched in stone".

Mrs. Bobst asked if the Plan can be reviewed in the context of infrastructure and its ability to support such development. There could be desirable development where the cost exceeds the benefit to the community in terms of infrastructure considerations, e.g. storm and sanitary sewers.

Mrs. Bartolozzi agreed, but noted that some areas are or will be in need of improvement anyway and improvements may be made in conjunction with proposed projects.

• •Mr. Koran reported that the Mayor had asked him to explore a new grant program of NOACA regarding transportation studies. One good idea may be a study of the impact of the removal of the Marion ramp on traffic in the area. Should the City decide to proceed, a traffic analysis would be required. It may also be possible to ask NOACA to study the impact of the Master Plan on the infrastructure. He reminded Council that this was a Master Plan group and their visions. Center Ridge may never have a median, but the concept is the need to beautify our streets. It might be a good idea to ask NOACA to look at the impact of these proposals to level the enthusiasm generated by the proposals.
  
  

As to Mr. Potterfield's concern of developers referencing the Master Plan, Mr. Koran

assured him that once the Plan is adopted, developers will continue to reference their consistency with the Plan, even if the plan is to have a park on property where they propose construction. It will be the job of the City and Council to determine whether or not any given proposal is in the best interests of the City.

Regarding Mrs. Bobst's concern, he recalled that she had posed the question earlier, and that his answer is that City Architecture does not have the capability of assessing the ability of the infrastructure to support given projects. They formulated a wish list of everyone's dream.

Mrs. Bobst recalled posing the question and thought perhaps such assessments could be done in-house. Mr. Koran agreed that it could be done, on a case-by-case basis.

Mr. Potterfield reiterated the importance of his comments and the need to make it clear to the public

Mr. Gollinger agreed that the Plan should be a guideline; if a developer comes forward with a plan that would enhance and accomplish the objectives of the Plan, even if not specifically suggested, it should be given serious consideration. The Plan should be flexible because ideas and times change.

Moving to the second topic, Mr. Potterfield explained that he had written to the City's Boards and Commissions asking for changes recommended in the City's Code. Only the Building Department responded with a list of 15 changes which it felt would improve the Code. Mr. Potterfield intended to discuss those changes, but decided to wait until later in the meeting when he hoped that Commissioner Beirne would be available to explain his recommendations.

The final topic, a traffic study suggested by the Planning Commission, was the next to be addressed. Mr. Potterfield explained that the suggestion came from the meeting at which final approval for BeachCliff Market Square was discussed. Some neighbors on Prospect Avenue came to voice their traffic concerns. The Planning Commission approved the proposal and requested that the City review traffic in that area for flow, quantity and signalization. Mr. Potterfield requested that the Administration conduct such a study with Mr. Delzani. The Mayor asked for more specifics. Mr. Potterfield stated that his intent was not to spend a great deal, but to conduct an in-house study and, using current traffic counts and a formula for the amount of traffic generated by a given square footage, predict the impact of the development on the area's traffic.

Mr. Gollinger suggested that the site could be visited, numbers taken, and figures extrapolated incorporating the new development. As to the Prospect Avenue issue, residents have had a problem turning from their street onto Detroit and are concerned that with the new development, shoppers leaving by Parsons Ct. might exit, go straight onto Prospect, and add further congestion. An alternative would be a required turn at the intersection for those exiting the shopping center. Mr. Gollinger suggested that if the current situation could be resolved, future concerns may be less pressing. It may be that adjusting the signal on Detroit or a signal coordinated with the Marion ramp would be the solution. He did not, however, recommend a formal study but agreed that an in-house study is called for.

Mrs. Bartolozzi suggested that a study upon completion of the Beachcliff project may be more helpful. She pointed out that during school hours, traffic from Lakeview to Wagar.

Mr. Potterfield suggested that when an area becomes congested, side streets require attention as well as how to fully use the main streets.

Mrs. Bobst recalled that the developer may have done a traffic study in conjunction with adding a turn lane into the center from Detroit. She suggested that it might be worthwhile for the Administration to contact the developer to see if they would share their results.

• •Mr. Koran thought that no traffic study was done, but thought perhaps after the fact it may be done.
• •Mayor Knoble added that the reality is that until the plans for a loading dock are established, it will be impossible to estimate traffic patterns.
  
  

Mr. Potterfield summarized the committee's position: the Administration is requested to make an in-house study with our own personnel and a limited scope of work.

Since it appeared that Mr. Beirne would be unable to leave the meeting of the Planning Commission, Mr. Potterfield returned to the list of Building Department suggestions regarding the City Code. He noted that some had been done or were in the process of being accomplished.

• •Mr. Gollinger addressed the first item, limiting the time cars that are to be repaired are stored in the open area of service stations. He recalled that this has been discussed and thought a recommendation as to the length of time requested would be a good idea. The consensus of the committee was to ask Mr. Matty and Mr. Beirne for such a recommendation.
• •The second item, elimination of hedges except for front yards on corners was not clear and it was decided to wait for Mr. Beirne's input. Mr. Gollinger asked if regulations may be imposed on what type of hedges are permitted (thorns and the safety issue) and the height and visual impact of any hedges permitted.
• •The next item, adoption of the International Property Maintenance Code will be deferred until Commissioner Beirne is available.
• •The fourth was allowing temporary banners for new businesses with a 30-day maximum. Mr. Gollinger suggested that this be done by permit so that the Building Department can keep track of the addresses and dates permitted. Mrs. Bartolozzi suggested that the cost may not be business-friendly, but Mr. Potterfield suggested that the cost could be nominal.
  
  

Mr. Potterfield suggested that the balance of the list be discussed at another meeting at a later date.

MOTION:

Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that the reading of the minutes of the meeting of the Planning, Zoning and Economic Development Committee of December 13 be waived, and that the minutes be approved as submitted.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

Hurtuk - abstain

3 ayes 0 nays 1 abstention PASSED

There was no further discussion from Council, and following a motion by Mr. Potterfield, seconded by Mr. Gollinger, and a unanimous affirmative vote, the meeting was adjourned at

7:55 p.m.

_______________________________ _______________________________

Earl W. Potterfield, Chairman Misao Kurokawa

Planning, Zoning and Economic Clerk of Council

Development Committee

Please note: This is a draft copy of the minutes of the meeting of the Planning, Zoning and Economic Development Committee of January 18, 2005. These minutes may be amended or revised at the next Legislative Meeting.