CITY OF ROCKY RIVER

FEBRUARY 17, 2009

PUBLIC HEARING - ORDINANCE NO. 128-08

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF

CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT

PARCEL NOS. 301-18-066 AND 301-18-067, IN THEIR ENTIRETIES,

FROM THEIR PRESENT CLASSIFICATION OF OFFICE (O-3) TO

SERVICE/MANUFACTURING (S/M) AS FURTHER DESCRIBED IN

EXHIBIT "A"

The Public Hearing for Ordinance No. 128-08 was opened by Mr. Moran, President of Council, at 8:11 p.m.

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

Mrs. Arabian Whitman, Mr. Long, Mr. Moran

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Mr. Moran called upon Mr. Long, Chairman of Council's Planning and Zoning Committee. Mr. Long explained that this Public Hearing had been called to consider Ordinance No. 128-08 which would authorize the rezoning of property known as Parcel Nos. 301-18-066 and 301-18-067 from a classification of Office (O-3) to Service/Manufacturing (S/M).

AUDIENCE PARTICIPATION: NONE

As there was no public comment or comment from members of Council, following a unanimous vote to adjourn, the Public Hearing was closed at 8:14 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council

CITY OF ROCKY RIVER

FEBRUARY 17, 2009

The Committee-of-the-Whole was called to order by Mr. Moran, President of Council, at 8:11 p.m.

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

Mrs. Arabian Whitman, Mr. Long, Mr. Moran

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

Law Director: Mr. Bemer

Following a brief adjournment for a Public Hearing for Ordinance No. 128-08, the meeting was reconvened and continued with the Pledge of Allegiance.

MAYOR'S REPORT:

Concerning the economic recovery and stimulus package, now known as the American Recovery and Reinvestment Act, Sen. Sherrod Brown identifies many benefits for Ohio such as the creation of 133,000 new jobs, tax relief, lessening the burden on taxpayers with funds for local school districts and state energy programs. There will be an investment of more than $282 million for water and sewer projects, $985 million for highway funds and $179 million for investment in transit systems. These last figures are important to Rocky River because many large projects being worked on here pertain directly to those funds.

The State of Ohio has assembled a website and has requested that cities list all anticipated projects for which funding will be requested over the next few years. These are projects that are not only "shovel-ready", but those which could be engineered in the near future.

• •As of today, the Mayor and Director Linden met with City Engineer Michael Mackay, and all projects reviewed by City Council in the Comprehensive Sewer Maintenance and Rehabilitation Plan will be submitted. Also included will be Tangletown, Avalon, the area surrounding the library once the Hampton Interceptor Project is complete, as well as others for sewers, water lines and paving. Some cost estimates have been assembled, although engineering has not yet been performed.

• •A request was also received from NOACA for additional projects because many funds will flow through that agency and Ohio Public Works.

The website is important because the state is trying to manage the thousands of applications it will receive and be certain that the dollars are fairly distributed and used well.

During last week's weather that included wind, rain and melting snow, the peak flow at the WWTP occurred on February 11 and was 107 million gallons. There was some flooding at individual residences, but these were addressed by Director Linden's office and the Service Division.

During the widespread power outages experienced during last week's storms, the Mayor acknowledged that CEI did an excellent job of communicating information regarding outages and the timetable for restoration of electricity to City residences. She expressed appreciation to the company whose performance often exceeded projections.

The adult Valentine's Skate was very well attended. The Mayor thanked Al Wilhelmy Florists for providing roses for the ladies.

More than 1000 individuals were admitted to the Civic Center yesterday.

Tomorrow a meeting of the WWTP Management Committee will be held to discuss initial plans for the Sewer Strength and Flow Study which is done on a regular basis. The Mayor said she hopes to have preliminary plans before Council following the meeting where a discussion of lengthening the study as proposed by some mayors as a result of the last testing is expected. She hopes to present the ordinance in early March.

City Music Cleveland will present a free concert at Rocky River United Methodist Church on Thursday, February 19 at 7:30 p.m.

Friday, the Senior Center will have its annual Volunteer Recognition luncheon.

On Monday, February 23, Rocky River High School will host a community-wide forum from 7:00 to 8:30 p.m. to discuss internet safety for youngsters. George Lichman, a member of the Police Department and also of the Internet Crimes Against Children Task Force, will be the featured speaker. Topics covered will include internet safety, social networking sites, cell phone use and pictures, text messaging, legal issues, and steps being taken by the police to address internet or technology issues.

Once more, the Finance Director has been awarded a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. It is the highest form of recognition in government accounting, and the Mayor extended her congratulations to Mr. Thomas and thanks to City Council. The award is based on the CAFR and the Mayor was proud to announce that this is the 21^st year the City has earned this award.

ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR'S REPORT:

Mr. Koran began with a report on commercial properties on Center Ridge Road:

• •Two new restaurants have opened at River Oaks, Zog Dogs, mentioned in his last report, and next door, La Gorda, a Mexican restaurant for both dine-in and carry out. He mentioned that Zog Dogs has been doing well.



• •The Peking House restaurant has been demolished. Dr. McNamee, a dentist whose practice is also housed on Plymouth, will relocate to 20575 Center Ridge. The new offices are almost complete and when he can move in, the offices on Plymouth will be demolished and new construction of the First Merit Bank will commence. Mr. Koran estimated that would be in May.



• •Dollar Bank, across from Westgate, has completed its significant renovation.



• •Rocky's River Pour House has opened in the former BW3 location. The owner plans to remodel the space to brighten the building.



• •Two new small stores have opened at Center Ridge Village, the Ultimate Brownie and Paws and Effects Grooming, and both seem to be doing well.



• •There is no news about Rockport. With the state of the economy, Mr. Koran said he was not optimistic that the situation will change for at least 18 months.

On Wooster Road, the ASAP Fitness has opened next to Great Scott's. This is an exercise facility which specializes in working out with high school teams. At present, he works out with St. Ignatius wrestlers, and he hopes to expand his clientele in Rocky River.

On Detroit Road, Leonardo's Bridal has moved into 19111 Detroit, the River Terrace Building. Mr. Koran noted that that building is looking very good.

• •On Old Detroit Road, Stino's is expanding into the adjacent storefront to its east. They are also planning to have outdoor dining, using an alley to the east if approved by the BZA.



• •Howard Hanna has bought Realty One, and both offices are open and doing well with 175 realtors in the two locations. Both have long-term leases, so there are no plans to close either office.



• •Timan Custom Window Treatments recently opened a showroom at 19317 Detroit across from BeachCliff Market Square.



• •Some new tenants have moved into BeachCliff Market Square: Studio 22, the Art Gallery and Pure Enchantment all had grand openings over the holidays. These are unique establishments and fit well into the location. Unfortunately, the Giant Book store has closed.

On Linda Street, the rezoning at the end of Allen Court was considered this evening to make room for River Diagnostics which has moved out of the former Service Garage. Plans are progressing for a new restaurant on that site.

In Residential Properties, Mr. Koran reported:

Tonight's meeting of the Planning Commission granted conditional final approval to 11 River, a project which has been under way for at least 18 months. Mr. Koran commented that in today's economy, he was pleased to see this significant investment in Rocky River. The site has 11 units, each with three stories, a boat dock and pool. Their financing has been approved.

Mr. Chandler plans to break ground this spring for the second building at Grand View on River Oaks. The new building will be the closest to Spencer Creek.

There is no further news on Beachcliff Row. Regarding Hamlets East, the group is discussing building smaller units and may come before the Planning Commission with plans for smaller units for the remaining sites.

The Henry house on Avalon, which is a project of demolition and new construction, has been delayed.

A new house is planned on Lake Road and also on Avalon. This evening the Design and Construction Board considered an addition on Kenwood. There is also an addition on Aberdeen where the individual purchased the house next door and is building a sizeable addition. Although the weather and economy have slowed construction, significant investment is still taking place in the City.

In Institutional Properties, Westwood Country Club is almost complete, and Mr. Koran observed that it looks spectacular and is enormous.

Rocky River United Methodist Church is still progressing, beginning drywall.

The Cleveland Yachting Club is still under construction. During the recent storms, some piers and docks were altered, but the project is still under construction.

In general news:

• •The Detroit Road Streetscape Project is continuing as discussed at a recent meeting of members of the Administration. City Architecture and Mackay Engineering will prepare plans and specifications for the project from Wooster Road to Rockland and the Marion Ramp. This is a continuation of work done a couple of years ago on Detroit.



• •The process continues for the Development Code Update with the next meeting to be held February 25. The smaller group now working on the project consists of two individuals from Council (Mr. Long and Mr. Mylen), two from the Planning Commission, two from the BZA and members of the Administration. This will be their second meeting with D.B. Hartt.



• •On January 15, the students of Mr. Mark Wagner's marketing class presented their survey findings on the Center Ridge Corporate Corridor. Mr. Koran recalled that 550 surveys were sent out by his office to all of the businesses on Center Ridge Road, and Mr. Wagner's class followed up by telephone and in person to compile the survey and prepare a Power Point presentation. He said they did an excellent job. Mr. Koran and Mr. Wagner have discussed the possibility of other joint projects on an annual basis.



• •Last week, Mr. Koran and the Mayor met with Chamber President Jim Riedl and

Executive Director Liz Manning to discuss the next step for the Center Ridge Road

analysis. Although the name has yet to be decided, on April 29, a breakfast for business owners of the corridor will be held at 7:30 a.m. at the Civic Center. The object will be to involve owners with each other and discuss the survey results, hoping to increase their business. One finding was that about 80% of these businesses are not Chamber members, so recruitment of new members will be another aim of the meeting.

In further news from the Chamber of Commerce:

A new Executive Director, Liz Manning, was recently hired. She is hard-working and has been very busy. Mr. Koran noted that last Friday, a breakfast was held for the 61 new members of the Chamber; more than 50 attended.

The Mayor's State of the City speech will be at the Chamber luncheon in May.

The very successful Taste of River is July 11.

The Business-to-Business Expo will be October 15.

The Economic Impact Roundtable - Round 2 will be on Saturday March 28 at 7:30 a.m. at Sweetwater Landing.

This month's Chamber luncheon features Brian McCann who will discuss the Northern Ohio Commuter Rail Coalition, a very timely topic.

The Chamber golf outing will be June 22 at Avon Oaks Country Club.

Mr. Koran concluded by saying that despite the worst economy in years and the worst winter in years, investment is still occurring in Rocky River.

Discussion: Mr. Furry asked about the Chandler project on River Oaks and whether enough units had been sold to start the second building. Mr. Koran responded that only one unit has been sold, but the bank is encouraging him to proceed with the groundbreaking on the second building which will have the views of the creek and hopefully be more salable.

• •Mr. Long asked if the remaining units are habitable. Mr. Koran said that not all of them are totally complete, but work is progressing. There are no changes to BeachCliff Row and the new model is in the same condition as it was in September.

Mrs. Arabian Whitman asked about Rockport and whether Best Buy will still be a major tenant. Mr. Koran noted that the firm has had corporate layoffs. The owners feel that the firm is out of the project, but there are others who are interested. With the bankruptcy of Circuit City, many stores have become available, but Best Buy has not shown any interest in taking over these stores. Although they may still be interested, the economy may discourage Best Buy's participation.

Mr. Moran praised the program at the Civic Center presented by students from the marketing class at the high school. He felt it was a unifying project for the City, the students and the business community and applauded Mr. Koran's efforts. He learned that the medical industry is still strong along the Center Ridge corridor.

• •Mr. Koran responded that the survey was the Mayor's idea and the idea of using high school students was Liz Manning's idea. Mr. Koran worked with the students. He also encouraged anyone with ideas for further projects for next year to contact him. As a point of interest, Mr. Koran also noted that following the exit of Premier Physicians, University Hospitals took half a floor at 20575 Center Ridge and Dr. McNamee is also in the process of relocating to that building. Further, on the western end of Center Ridge, some of the buildings close to The Woods are condominiums and very successful.

Mr. Long asked about occupancy rates for commercial properties in general. Mr. Koran said that except for Rockport, the City is doing very well. He had a long conversation with a banker last week who expressed concern for those who started small businesses and needed a loan to get started. With the downturn in the economy, they may be unable to survive.

Mr. Mylen recalled Mr. Koran's last report when he compared Crocker Park with BeachCliff Market Square. He wondered how these areas are doing and also whether there was an update on the new I-90 interchange in Avon. Mr. Koran said it is his understanding that Crocker Park is doing well. The residential and office components are less successful. Retail is doing well, but he pointed out that, like Westgate, those leases were signed before the economic downturn.

• •The consequences of the new interchange are difficult to predict. The project is privately funded and is moving forward. The Mayor added that Cleveland Clinic is looking at expansion in that area and University Hospitals at its Clague Road facility.

Mayor Bobst indicated that the Plain Dealer reported that only a handful of communities saw their property values rise; Rocky River was one of those, as well as Fairview Park. Further, the City's unemployment rates were very low and the situation appears stable.

• •Following the meeting about the Detroit Road Streetscape project, the City will move ahead to biddable plans. A number of residents and business owners are very interested in that program. Those plans have also been communicated to NOACA.



• •On the Center Ridge Corporate corridor, the Mayor acknowledged the hard work of Director Koran in working with the students, providing guidance and turning problems into teachable moments. She pledged to keep the students engaged so they can see how their information is transferred into something important for the businesses and the City. She also commented on the clustering of businesses, e.g. physicians, accountants and attorneys. In addition, there is a diversity of businesses which can benefit from one another. The upcoming meeting will be a unique opportunity to talk more about the surveys, the response and most importantly, to meet one another, as there is presently little communication or networking among building tenants in a given building.

Mr. Shepherd asked if the owners of Rockport have indicated any willingness to consider other uses, like offices, residences or mixed usages. Mr. Koran said that the subject was broached originally, but they were uninterested. Now, they may reconsider. The Mayor commented that resident suggestions have been forwarded, and the management has been aggressive in seeking new tenants. The owner has also included some material from the Master Plan in preliminary plans he has presented to the City.

UNFINISHED BUSINESS:

Ordinance No. 94-08 and 103-08: These ordinances would authorize easements on City property

for AT&T. Mr. Hunt said that no further communication has been received from AT&T, so the ordinances will continue on hold.

Ordinance No. 128-08: This is a rezoning ordinance for a warehouse that straddles Allen Court, close to Linda Street by the railroad tracks which has been recommended by the Planning Commission. Mr. Long indicated that, as required, a Public Hearing was held this evening. At that time there was no public input, and he intends to move for passage next week at next week's Legislative Meeting. (Consent Agenda)

MISCELLANEOUS BUSINESS: NONE

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 5-09: This ordinance would authorize supplemental appropriations. Mr. Moran said that he has spoken briefly to Director Thomas, and turned to the Mayor for details.

• •Mayor Bobst said that most of the changes are necessitated by wages. Supplemental appropriations are made throughout the year as requested by the auditors. At the close of collective bargaining this year, adjustments are required. Also, one new police car will be purchased from POPAS this year. The larger figure of $307,827 for the Fire Division is the result of a miscalculation. Adjustments were made by the Finance Director.

Mr. Moran noted that the Finance Director will be present at next week's meeting for further explanations. He intends to have a first reading of the ordinance next week.

Ordinance No. 6-09: Mr. Hunt explained that this ordinance authorizes the purchase of salt for next season. He noted the benefits cited by the Administration by the early ordering which resulted in dramatically lower costs for the City. He also commented that this is an advantage to determining the budget by the end of the year, and he will seek passage next week. (Consent Agenda)

• •Safety-Service Director Linden commented that correspondence from ODOT is being received earlier this year than last. He expects the program to be very popular because of this year's shortages and said he would like to be the first application rather than the last so that the City will not be shut out. He requested passage quickly.

Mr. Furry asked about price and requirements for purchase of 50% - 150% as minimums and maximums. In this contract, it is shown as 80% - 120%. Mr. Linden said that it has always been 50% - 150%, but even if this should change, there should be no problem. He also said that this application will only allow the City to enter into the program, but there is no commitment at this time. The price will be determined when the contract is sent for bids.

COMMUNICATIONS AND ANNOUNCEMENTS:

Mayor Bobst mentioned that there are some mayors who have an issue with the Rating the Suburbs issue of Cleveland Magazine. On Tuesday morning, she heard another mayor on the radio who said that the City of Rocky River has not submitted their information for this issue. She asserted that this is not true at all, and that the information was submitted before the deadline. She said she is committed to this, that it is expected by the residents and is important to the community. She expressed pride in the City and what it has accomplished, especially in its collaborative efforts.

As there was no further business by members of Council, the meeting was adjourned at 9:13 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council