DRAFT

CITY OF ROCKY RIVER

FEBRUARY 7, 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, Mr. Koran

Law Director: Mr. Matty

Mrs. Bobst announced that the meeting was being recorded by a resident.

The meeting was opened with the Pledge of Allegiance. Mrs. Bobst welcomed Mr. Koran who will attend the first Council meeting each month to keep members informed of economic and community developments.

MAYOR'S REPORT:

The Mayor distributed information received from NatCity Investments regarding the issuance of the City's two bond issues, for the improvement of the Don Umerley Civic Center and the general bonds. The true interest rate cost was less than expected, as timing of the issue was good. The Mayor was pleased that the bonds were issued before the rise of interest rates.

ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR'S REPORT:

Mr. Koran reported on recent economic developments in the City. Among the highlights:

• •Astor Place is progressing well with approximately 25 of 35 units sold. King James Development Group, the developer, has recently won national awards both for this development and others at the National Builders' Convention in Florida.
  
  
• •Beachcliff Row is off to a slow start. Its variances have expired and they will request an extension so that work can begin.
  
  
• •Beachcliff Market Square is progressing well. Madison Marquette reports that 50% of leases have been signed. Talks continue with other tenants. They project that demolition will begin in February and construction soon after. Mr. Koran also reported on a number of Beachcliff tenants who have found other space in the City, including Studio Aria and McDhurrie's. He also discussed Adesso's relocation to Old Detroit Road.
• •Other business in the Detroit Road area are prospering. Color Nation is a new business to the area and Baker & Co. has relocated from its downtown location to River Terrace. Cravings, too, is doing well.
  
  
• •On Center Ridge Road, the former Westgate Cycle has been remodeled to house an insurance firm. The Giant Eagle in Rockport is closing, as the chain is concentrating on its 82,000 sq ft. store in River Plaza. A few buildings are for sale, which, potentially, could be a good thing. At Westwood Town Center, Marc's is expanding. There are still vacancies in front. Hamlets East and West are going well, and several have been sold. The River Plaza remodeling is pretty much complete and many compliments have been received. The three Chandler developments are also going well. Meetings have been held concerning Westgate, which its owners have determined will be "demalled". Everything but Kohl's will be demolished and new "big box" stores constructed with a look similar to Avon Commons. Only about 20% is in Rocky River; the remainder is in Fairview Park.
  
  
• •In a vacancy update, he noted that Blockbuster on Detroit remains vacant. On Center Ridge, the most notable is the Family Toy and soon to be vacant Giant Eagle at Rockport. Also Harrison's is still vacant. In reviewing the six oldest office buildings on Center Ridge Road, however, Mr. Koran was optimistic because the vacancy rates are not disproportionately high. He added that the local economy is doing very well.
  
  
• •In a grant update, the most recent was a $100,000 Rocky River Park improvement grant submitted last week. The $25,000 exterior maintenance grant will be applied for this year, Still to be spent is the $380,000 streetscaping block grant awarded last year. In theory, it would be possible to apply for another block grant, perhaps for Allen Ct this year, but more points would be possible if the City waits until the streetscaping project is complete. He is also assisting the Fire Department in applying for a $5000 recycling grant and finally, to NOACA for a traffic study to gauge the impact of implementation of the Master Plan.

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 and t he Planning, Zoning and Economic Development Committee.

Resolution No. 1-05: This issue, appropriation of property, will be discussed at the Committee's next meeting.

Ordinance No. 2-05: This rezoning has been referred to the Planning Commission and will be discussed at the next meeting on February 15.

Ordinance No. 3-05, 5-05, 9-05, 10-05, 11-05, 12-05, and 13-05 were on the Consent Agenda for the last Legislative Meeting. In the absence of objections, all will continue on the Consent Agenda for the next meeting.

MISCELLANEOUS BUSINESS:

Sewer Tie-in Fees: Mrs. Bobst explained that the existing fees encompass three areas: construction of the tie-in, inspection fee, and the usage impact fee. She noted that the Administration has decided that it will no longer do the construction work, but that that will be the responsibility of the developer. Council, therefore, must focus on the other two components. In the usage impact fee, there was discussion and general agreement that if a parcel had existing tie-ins which were demolished to make way for a larger number of new units, credit would be given for the existing units and only the difference would be charged to the developer.

Mayor Knoble indicated that he had hoped for consensus at this meeting. Simple calculations confirm the Administration's recommendations: beginning with the current approximate appraisal of $63 million for the WWTP, and an estimated initial cost of one-half, or $31,500,000; the City's share at 28% or $8,000,000. If this is divided by the approximately 10,000 housing units in the City, the figure is very close to the $750 per household "guesstimate" recommended by the Administration.

He has conferred with Mr. Lesiecki on how the current ordinance was formulated. Mr. Lesiecki, responding to a request from Council, found the City of Solon's schedule of fees on a website. It was subsequently adopted. This fee does not include construction, but does include inspection.

Mr. Potterfield asked if credit is given for existing units. In its simplest terms, if four connections are removed and 20 new tie-ins done, is the developer given credit and asked to pay for 16 connections? The Mayor responded that this would be true.

He wondered if the inspection fee would also be covered. The Mayor indicated that the inspection fee would be separate and based on an hourly fee according to the hours expended.

Mr. Potterfield then asked if the usage fee would be forwarded to the WWTP and the inspection fee to the Building Department. The Mayor said that they would, although the technicalities of whether it goes to the general fund and then is transferred as needed would be up to the Finance Director.

Mr. Gollinger asked if the Administration is satisfied that there will be no negative impact from the developers doing tie-ins rather than the City. Mr. Linden responded that as long as inspections are done, there will be no problems.

Mrs. Bobst asked about the last recommendation, that Council retains the power to discount the rates at its discretion, pointing out that no where else is this provided for. Mayor Knoble withdrew that recommendation.

Following this discussion, there was a consensus that the legislation be drafted for consideration. Mr. Matty pointed out that one change will be that any dispute will be appealed to the BZA. He noted this was necessary because of the Charter.

Residential Zoning - Density Issue: Mr. Matty explained that he had brought the issue to Council but his presentation will not be as detailed as he would like because he has been put on notice that there will be a court filing on the denial of a density variance by the BZA for Ryecroft Row.

Mr. Matty explained that the issue is in the two opposing views in regard to the Code:

Certain proposals are made which exceed the density permitted by Code. These are dealt with by the Boards and Commissions.

Now some developers are proposing projects which are less dense than the permitted use, and, as in this case, have been denied.

The Law Director questioned whether Council desires to consider the second situation and direct him, together with Mr. Koran, on how to address the issue. The question he is raising is, if the Code will allow 10 units on a parcel, and a developer wishes to construct a different type of development in which he, under Section 1143.03, will be allowed only 5 units, does Council wish to give him an incentive to construct a townhouse development rather than an allowed apartment development? That incentive, for example, could be to permit six townhouse units without a variance as opposed to10 apartment units. The final result is 4 fewer units on the parcel.

As currently written, the Code does not permit this. Mr. Koran could prepare a schedule for review if Council will entertain incentives for developers to construct projects with less density than permitted. If requested, the Law Director and Mr. Koran will prepare amendment documentation which will be a part of Section 1143.03.

The last development situation was one in which 22 units would have been permitted for one use, and 8 were denied for another. At present, Section 1143.03 is not flexible. Since Council is the City's zoning authority, Mr. Matty feels that discussion is appropriate.

• •Mrs. Bobst asked how other communities handle these situations. Mr. Koran commented that this is an unusual situation where the developer is proposing less density than permitted. It is a question of how plans are interpreted. In Rocky River, when the Building Commissioner receives plans for a townhouse development, even if the parcel is zoned for something more dense, he uses the townhouse regulations from the Code. Other communities interpret differently, using the permitted number of units.
  
  
• •Mrs. Bobst noted a consensus of Council that Mr. Matty and Mr. Koran proceed so that Council can compare a proposed change with the existing zoning. The matter can be considered when Mr. Koran returns to Council at the first meeting next month.
  
  
  
  

COMMITTEE REPORTS:

Buildings, Equipment and Technology Committee: Mrs. Bartolozzi announced a meeting of her committee for Monday, February 28 at 7:00 p.m. At this meeting she hoped for a general overview of long range capital improvements and an update on equipment purchases from Mr. Linden. Mr. Gottschalk will also attend with detailed information on the GIS system and the new server.

Environmental Committee: Mr. Gollinger reported that his committee has received a communication from the Lakewood City Council about smoke-free environments. He has done some preliminary investigation and met with a number of proprietors, some of whose establishments are smoke-free. Most felt that to be competitive, controls should not be on a local level, but on a regional or state level. These proprietors have made significant investments in their businesses. He noted that the public has choices, and he believes that this is a market-driven issue. He would not feel comfortable in talking to individuals about how to run their businesses.

His Committee was polled and a unanimous vote tabled the issue, with no follow-up.

Finance Committee: Mr. Hurtuk noted that 11 members of the Administration and 4 members of the Court had met with the Finance Committee in an open dialogue. Council members who wish to follow up with Mr. Hurtuk with questions or comments are encouraged to do so by phone, fax or e-mail. A follow up will be held before the end of the month, or it could go into March.

• •Mrs. Bobst thanked Mr. Hurtuk for his efforts, and that of the Administration and Directors who provided input.
  
  

The Mayor provided to Mr. Potterfield in-house traffic counts done in the Beachcliff Market Square area which his committee had requested.

NEW BUSINESS:

Ordinance No. 15-05: This ordinance provides for the purchase of a 12-passenger van for the Senior Center. Mrs. Bartolozzi asked Mr. Linden for more information. Mr. Linden indicated that currently, the Senior Center had three vans (a 15-passenger, a wheelchair, and a Club van), and it was replacing its 15-passenger van with this one. He added that the used police car is of great aid to their transportation program. This will be on the Consent Agenda.

Ordinance No. 16-05: As explained by Mike Reyes at last week's Finance Committee Hearing, this 1000 gallon spray system will allow one man, without getting out of his truck, to water plantings on Hilliard Blvd. and other areas. This custom system will be more efficient and labor-saving. Mrs. Bartolozzi requested that this ordinance be placed on the Consent Agenda.

Ordinance No. 17-05: This ordinance changes the fine for minor misdemeanors from $100 to $150. Mr. Matty explained that when 303.99 was revised to match the state traffic code, the actual fine was missed, and this ordinance will bring us into conformance with the norm set by the state. Mr. Frost requested that this ordinance be placed on the Consent Agenda.

Ordinance No. 18-05: Mr. Linden explained that there were two bidders for this contract for the repair or replacement of damaged fire hydrants. The best buy is still Fabrizi Trucking & Paving, which is considerably lower than its competition. As Mr. Linden asked for prompt passage, Mr. Hagan requested that this be placed on the Consent Agenda.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

MOTION:

Moved by Mrs. Bobst, seconded by Mr. Frost, at the request of the Law Director, that an Executive Session be held immediately following the meeting to discuss a matter of imminent litigation under Article X, Section 6, Subsection 3 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 9:00 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 Committee-of-the-Whole of February 7, 2005. These minutes may be amended or revised at the next Legislative Meeting.