DRAFT

CITY OF ROCKY RIVER

FEBRUARY 22, 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. Hurtuk,

Mrs. Bartolozzi, Mr. Hagan, Mrs. Bobst

Absent: Mr. Frost

Administration: Mayor Knoble, Mr. Linden

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.

MAYOR'S REPORT:

The Mayor will attend another meeting concerning the situation at NASA will be held in Congressman's Kucinich's office on Monday, February 28 at 10:00 a.m. Some information has been received as to the number of residents who are employed by the agency directly, and in Rocky River, the number is approximately 40; in Fairview Park, 72; Westlake, 95; Bay Village, 37; North Olmsted, 167 and Olmsted Falls, 64. This does not include additional employees of contractors. The Mayor believes that the impact of the closing of this sizeable portion of the agency would have a devastating effect on the Westshore suburbs, and he urged everyone to get involved at every level possible.

Mayor Knoble has visited with two architects in the process of selecting an architect for the Don Umerley Civic Center expansion. He hopes to complete a third visit tomorrow and have a recommendation for Council soon.

The Mayor thanked those elected officials who joined him at the Senior Volunteer Recognition Luncheon last week. It was a great event honoring 150+ volunteers who have given over 10,000 hours. Mayor Knoble commented that these are talented people without whom the Senior Center could not be as well run as it is.

He has received plans for the redesign of the hairpin turn at Riverdale and Yacht Club Dr., and has turned them over to Mr. Frost. He stated that he liked what has been done, engineering widening as well as a drop in the level of Yacht Club to meet Riverdale and cutting back the point where they meet to make a wider swing. With this plan, there is no need to acquire more land. He noted, however, that a donation of land will be necessary for sidewalks if residents choose to have them. He also acknowledged that some property lines are not where maps show they are. Some problems remain to be resolved including the necessity of building a number of retaining walls, and this pushes the very, very rough estimate to $700,000. This year, only the engineering is planned. The Mayor will schedule a meeting with residents when plans are formalized.

• •Mr. Gollinger asked if it is possible that there is something under the streets which would have to be moved, e.g. water or sewer lines. The Mayor said that the City is fortunate that there are no issues of that sort. Mr. Linden was able to direct engineers to the State of Ohio whose engineers did borings and other tests when shoring up Beach Cliff and/or Frazier.

UNFINISHED BUSINESS:

Resolution No. 133-04: This resolution adopts the Master Plan. Mr. Potterfield reported the Planning Commission continues its review and that his committee has begun its review of the comments of the Commission, including recommendations on its recommendations.

Resolution No. 1-05: This issue, appropriation of property, was discussed at the Committee's meeting this evening. The committee, 2-1, voted to recommend Resolution 1-05 for passage. It will be on next week's agenda where it will be available for a third reading.

Ordinance No. 2-05: The Planning, Zoning & Economic Development Committee also discussed this rezoning at tonight's meeting. In a unanimous vote, the Committee favored the rezoning ordinance. The Public Hearing has been scheduled for March 21, which is the earliest possible date.

Ordinance No. 19-05: This is the annual T-shirt ordinance, and information has been received from both Mr. Linden and Mr. Patterson. This will be a new vendor this year. Mrs. Bobst asked about the complaint that numbers came off last year's shirts, and she was told that normally, shirts are screened and numbers are permanent. Sometimes, when quick turnaround is necessary, the shirts are heat-pressed, and it is those shirts which will lose their numbers if dried at excessively high temperatures. This will be on the Consent Agenda.

Ordinance No. 20-05: This is a slight increase in soccer league fees. An explanatory memo has also been received for this ordinance. Over the last couple of years, the Recreation Department has attempted to apply a consistent formula in resident fees and second child fees. This, too, will be on the Consent Agenda.

Ordinance No. 22-05: This is the annual budget ordinance has had its first reading. Mr. Hurtuk deferred comments to his Finance Committee report.

MISCELLANEOUS BUSINESS:

Residential Zoning - Density Issue: This issue has been discussed previously, and as requested, Mr. Koran has formulated a chart which shows an approach to properties which are zoned one way and are being developed in another.

• •Mrs. Bobst commented that he will present his findings when he attends a Council meeting.
  
  
• •Mr. Potterfield felt that his intent was to show that cluster housing development, although more dense than existing single family housing, can be a less dense option than apartments which could be built in the zoning. Mr. Koran's chart shows incentives which can be granted for less dense options in apartment zoning. He feels that the public, however, when driving down Center Ridge, for example, sees eight single-family homes replaced by 30 cluster units and feels that there is a dramatic density change, even though it is less than the apartments which could be built. He showed a zoning map obtained from the Building Department which clearly shows that some properties, as he pointed out, on Center Ridge or Story or Lake, have very deep lots. On many of those lots a single-family home does not comprise 25% of the lot, but perhaps 10%, much less than they could. When those homes are demolished and replaced, the density, visually, is tremendously changed. The chart does not address this. There will be a density change in coverage as opposed to dwelling units.
  
  
• •Mr. Matty noted that instead of the single page received by Council members, Mr. Koran had prepared five charts with different incentives from .05 to .25 for discussion by Council members. As single pages were distributed in error, the correct charts will be provided in packets this week.
  
  
• • The Mayor wished to clarify a point made by Mr. Potterfield. Because Mr. Potterfield used Center Ridge and Story Road in the same example, Mayor Knoble wished to point out that their similarity is in deep lots, but the two have different zonings, Center Ridge with apartments, and Story with single family. The zoning on Center Ridge would permit builders to construct developments regardless of what is currently on the site, but this would not be true of Story Road.
  
  
• •Mrs. Bobst indicated that the discussion will continue with the receipt of additional information.
  
  

Study Fees: The Mayor explained that this grew out of a question from Mr. Potterfield about a traffic study for the BeachCliff Market Square area, and also from concerns that traffic around the redeveloped Westgate Mall might require some expert input. Mr. Koran was asked to investigate and he found this section from the Westlake Code. A code section such as this for Rocky River would mean that if a study were to be needed for consideration of a project, it would be paid for by the developer. The Mayor noted that he would change the wording of the section to apply to certain sizes, perhaps more than an acre or some other parameter, and if an impact study were required it would be paid for by the developer. In this way, information can be obtained without the City bearing a burden. This section was distributed for discussion purposes, not as a model to copy exactly.

• •Mrs. Bobst felt this was a good idea, and cited the need to decide when it would be applied, and under what circumstances with square footage or size of the parcel included.
  
  

The Mayor said that he will pursue the issue if a consensus is that it is a good idea.

• •Mr. Gollinger raised the question of Westgate because only a portion of that center is in Rocky River. He wondered if they could be asked to do a total traffic study when only a part of the center is in the City. The Mayor said he did not believe it to be unreasonable, when our half of Center Ridge will be affected as well as the half in Fairview Park. The City can require the study based on the whole center. That is his intention if the Law Director rules that it is legal.
  
  

Additional information will be forthcoming.

COMMITTEE REPORTS:

Finance Committee: Mr. Hurtuk apologized that a business commitment had kept him from the Planning, Zoning and Economic Development Committee this evening. He will be prepared to share his views on Resolution 1-05 next week. As to the Finance Committee, he welcomed Council input, comments and questions on the budget, either to him or to Mr. Thomas, and noted that some inquiries had already been answered. He indicated that the Finance Committee has had one meeting with directors and the ordinance has had one reading. The second reading will be next week, and the second committee meeting will be March 7 at 6:30 p.m. with a Public Hearing and third reading on March 14.

SAFE Committee: Mr. Gollinger noted that this committee had met today, and he will be prepared to report next week. The Rocky River Watershed Council will meet at the Don Umerley Civic Center on February 24, with presentations beginning at 7:00 p.m. The Environmental Manager from the Cleveland Department of Port Control will speak on environmental program at Hopkins Airport.

Buildings, Equipment and Technology Committee: Mrs. Bartolozzi's committee will meet next week. Mrs. Bobst encouraged everyone to watch the agenda since the committee may share its time with the Safety Committee to hear the presentation of the Working Group on Animal Control Laws. Those meetings may begin at 6:30 p.m.

NEW BUSINESS:

Ordinance No. 24-05: Mr. Hagan turned to the Mayor who explained that because of a mix-up in the exhibits, the agreement for the central dispatch center passed by our City is different from that passed in the other cities in the group. This new ordinance will standardize the agreements. The Mayor noted that at the last COG meeting the Mayors voted to establish the EMS central dispatch employees as employees of the City of Westlake because Mayor Clough has volunteered to do the paperwork without cost or overhead to the other cities. Nothing in this agreement changes the intent or method of implementation; it just brings our agreement into compliance with the agreements of the other cities.

• •Mr. Matty commented that although there are separate cities in the regional COG, one single agreement is necessary.
• •Mr. Hagan expressed concern about the cost, and whether changes would affect those costs. The Mayor assured him that no changes were made that would affect our costs which will be within the range anticipated. He is still confident that North Olmsted will join which will lower costs even more. He will receive the latest Exhibit "A" from Westlake and will have it in the packets on Friday.

Ordinance No. 25-05: Mr. Hurtuk recalled that at the first budget meeting, the establishment of the part-time position of Community Service Officer (CSO) was discussed. This ordinance establishes the position and sets the pay which is accommodated in the budget. This will be on the Consent Agenda.

Ordinance No. 26-05: This change to the Code reflects the CSO position established in Ordinance No. 25-05. This also will be on the Consent Agenda.

Ordinance No. 27-05: This resolution opposes job cuts at NASA, as mentioned by the Mayor, as being very important to this area. Mrs. Bobst encouraged support and passage. It should move forward in a timely fashion so that it can be forwarded to legislators and other elected officials. It will be on the Consent Agenda.

Ordinance No. 28-05: Received this evening, this resolution was distributed this evening and honors the work of the Working Group on Animal Control Laws. If approved by Mr. Frost, it will be on the agenda next week.

COMMUNICATIONS AND ANNOUNCEMENTS:

On Thursday, February 24, the Economic and Community Development Advisory Board will meet in Director Koran's office at 9:00 a.m.

Chief Flynn has sent a memo on the 211 First Call for Help system, sent in response to a resident's article on the 311 system from Time magazine. Mrs. Bobst suggested that persons who

wish to see a private 311 system visit Mr. Linden who charts calls on a large map in his office to pinpoint problem areas.

Mr. Hagan congratulated the freshmen Lady Pirates of Rocky River High School who captured the SWC championship in basketball.

As there was no further business by members of Council, the meeting was adjourned at 8:48 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 the Committee-of-the-Whole of February 22, 2005. These minutes may be amended or revised at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

FEBRUARY 22, 2005

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 7:01 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

Council Members present: Mrs. Bobst, Mr. Hagan

Administration: Mayor Knoble, Mr. Koran

Law Director: Mr. Matty

At the beginning of the meeting, Mr. Potterfield announced that participants should be aware that their comments were being recorded by a resident.

MOTION:

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that the reading of the minutes of the meeting of January 24 be waived and that the minutes be approved as submitted.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

Chairman Potterfield then opened the first topic of discussion, Resolution No. 1-05, which states an intent to appropriate a fee simple interest in certain real estate. He noted that this topic has been previously discussed, but a recommendation was postponed because of the absence of Mr. Gollinger, Councilman in Ward 3 where the property in question is located. The committee wished to give the Councilman an opportunity to express his opinion on the subject.

Mr. Gollinger began with some history, noting that several years ago, concerns were voiced by residents of the Cliff Towers who used RTA that traffic in and around the property at Wooster and Shoreland posed a safety hazard. In response, RTA agreed to move the bus stop to the south corner, but that necessitated two street crossings. At that time, the Administration hoped to relocate the bus stop to its original location with a shelter if conditions permitted. Over the years, he has received complaints from residents concerning noise, traffic and odors from this property.

Meeting with Mayor Knoble, Mr. Gollinger requested that the Administration pursue the acquisition of the property which would allow the moving of the bus stop and the building of a shelter. Additionally, a pocket park would enhance the neighborhood for all residents who utilize the intersection.

Mr. Gollinger was pleased to hear that the Mayor and Law Director had met with the current property owner and business operator to discuss the issue and more pleased that there appeared to have been an agreement, reached in principle, which would allow the City to acquire the property and to move forward at a later date. He was surprised then, to receive a call from the operator of the business on the property, indicating that he was upset and now wanted to change his mind and was seeking support to allow him to change his mind and continue the business on the corner. Although the tenant and his legal counsel had been present at the meeting and had reached verbal agreement, he now wished to change his mind.

Mr. Gollinger feels that this property can better serve a public purpose as a park, bus shelter and by providing a resolution for parking issues. He therefore requested support in looking at the legislation which would allow the project to move forward.

• •Mr. Potterfield clarified the point that there were two distinct parties, the property owner and the tenant who operates a business on the property.
  
  

Mrs. Bartolozzi asked about the next steps in the process if the resolution is passed.

• •Mr. Matty explained that if the resolution is passed by Council, notice is formally served by mail to the parties involved. A period follows in which negotiations are carried out. If these are not fruitful, the City will present a final offer. If this is refused, then an ordinance to appropriate the property will be prepared.
  
  

Mr. Gollinger mentioned that petitions pertaining to the project have been circulating. He is uncertain whether circulators are misleading residents or if residents have misunderstood, but he wished to clarify the point for the record that fair compensation will be paid to the property owner. He suggested that circulators explain the facts.

Mr. Potterfield commented that he feels that this is one of the higher review functions of this committee. The owner of the property pays taxes and is in compliance with the Building Code. This property will be changed to a parking lot with benches and a bus stop. He indicated that he was not aware that the City has done this previously because agreement has been reached, and he has some reservations relative to this, as it is a big step and could be precedent-setting.

MOTION:

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that in the absence of a committee member, this resolution be moved out of committee without recommendation, for further discussion by Council.

Discussion: Mr. Gollinger pointed out that this would allow the property owner and the City to move forward rather than postpone more discussion. Council could discuss the issue at the earliest appropriate time and call for a vote to see if there is sufficient support to move forward.

Mrs. Bartolozzi asserted that no one has taken this topic lightly. Attempts have been made to resolve the issue, and there was agreement. Efforts to relocate the business have also been offered. She feels that this is a unique situation, and is not sure that this will create a precedent because there are extenuating circumstances which probably will not exist in the future. Since this has been under discussion for a long time, she favors making a decision.

Mr. Gollinger agreed, saying that he is in his 12^th year, and does not recall a situation where there has been verbal agreement and then changing of minds. This resolution would be for public betterment and a public purpose.

Mr. Potterfield indicated that he had no problem moving forward, but he felt that the committee owes it to the Council, the Administration, and residents to recommend or not recommend; otherwise it would defeat the purpose of the committee system.

Vote: Potterfield - nay Bartolozzi - nay Gollinger - aye

1 aye 2 nays DEFEATED

Moved by Mr. Potterfield, seconded by Mr. Gollinger and Mrs. Bartolozzi, that Resolution No.

1-05 be reported out of committee with a recommendation to Council for passage of the resolution of intent to appropriate a fee simple interest in certain real estate.

Vote: Potterfield - nay Bartolozzi - aye Gollinger - aye

2 ayes 1 nay PASSED

The second topic was ORDINANCE NO. 2-05, the proposed rezoning of parcels nos. 301-17-001, 301-17-005, 301-17-006 and 301-17-018 from Local Business to Multi-Family. This property is more easily described as the American Legion property which is being purchased by the King James Group. Mr. Potterfield noted that this has been reviewed by the Planning Commission and was unanimously recommended for rezoning.

Mr. Gollinger added that at prior meetings of the BZA and the Planning Commission, Legion members have been in attendance to support the rezoning. He noted that basically, this change would reinstate the original intent to make the property residential. The individuals who have the opportunity to acquire the property also have the financial means and design knowledge to create an asset to the community. The property has not yet transferred.

Mr. Potterfield stated that this section of Rocky River has been significantly redeveloped and the zoning has changed a number of times. He feels that this rezoning would fit into the area and changes made by the applicant on adjoining parcels has given him confidence as to a vested interest. He feels it could work, that it would be a step forward that would help the area, and he would be in favor of the rezoning.

Mrs. Bartolozzi agrees. She has had an opportunity to meet with the applicant and review plans, and she feels it would be a benefit to the City.

MOTION:

Moved by Mrs. Bartolozzi, seconded by Mr. Potterfield, that Ordinance No. 2-05 be recommended for passage.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

The final topic was Planning Commission recommendations on the Master Plan. Mr. Potterfield indicated that the Planning Commission discussion in question would be the meeting of December 21, the last approved minutes available. He expressed his intention to review the Plan in general terms rather than minute details. Since the Commission has reviewed section by section, the committee decided to follow suit and look at their recommendations point by point. Mr. Potterfield was hopeful that the Committee can keep pace with the Planning Commission, deciding to agree or disagree with their conclusions.

The first area to be reviewed is the Old Detroit, Middle Detroit and Linda Street area, and specifically the point was redevelopment of vacant and under-utilized properties.

• •Mr. Gollinger agreed with Mr. Beirne who is quoted in the minutes of the Planning Commission as saying that "the Master Plan is basically just a guide to give a developer an idea for a good way to develop a property." Noting that this is one of the City's major commercial areas, ideas for development are very important.
  
  

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that the committee recommend to Council the first recommendation of the Planning Commission, the Master Plan regarding Old Detroit Rd., Middle Detroit Rd., and Linda Street, to redevelop vacant and under-utilized properties with incompatible uses.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

The second point was improvement of traffic patterns in the area. Mr. Potterfield expressed reservations because under the Master Plan, there has not been a traffic study by traffic engineers or comments by the Police and Fire Departments. He has no problem with beautification of the area, but he feels that adequate traffic flow is necessary.

Mrs. Bartolozzi feels that the recommendation can move forward without a study and that it is not necessary prior to approval or recommendation.

Mr. Gollinger agreed, saying that at this point, a study may be premature. This is part of the Plan, and he does not feel there is a time frame. Beautification is the initial step, and he has no problem supporting the those recommendations with discussion of future traffic studies, when necessary, upon implementation of development plans.

Mr. Potterfield has concerns, but does not wish to slow the process.

• •Mrs. Bobst commented that she understands Mr. Potterfield's concerns, but pointed out that rather than move traffic through quickly, it may be the intent to slow it down so that the public can see the area and take advantage of accessible parking. A future study may be important, but development is something unknown at present.
  
  
• •Mr. Potterfield agreed that some may want to experience the environment, but others may wish to get to their destination and move on.
  
  
• •Mrs. Bartolozzi felt that people do not mind moving slowly as long as traffic is not bogged down and at a standstill.
  
  
• •Mr. Potterfield agreed, noting that such a situation leads to impatience and shortcuts which impact secondary streets by diverting traffic into non-development areas.
  
  
• •Mr. Gollinger also agreed. He feels that ultimately, it is necessary to look at the area when changes have been completed. He recommended a close watch to be sure that the area is not losing appeal during the process.
  
  

Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that, as recommended by the Planning Commission, the Master Plan regarding Old Detroit Rd, Middle Detroit Rd., and Linda Street to improve traffic patterns, as well as the plan to rework Detroit Road and key intersections be recommended to Council.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

The third point, removal of the Lake Road Ramp, was not recommended by the Commission. Mr. Potterfield summarized by saying that additional studies of requirements, the impact of removing it, and safety considerations in Police and Fire entry and egress. He noted there was a 2-2 stalemate.

• •Mr. Gollinger agreed with the non-recommendation until the impact of the new shopping area is seen in the Detroit corridor. To be successful, this area must pull more traffic from Lakewood. The State of Ohio would have no problem with the removal, but he recommended that we "cross that bridge" when it comes.
  
  
• •Mrs. Bartolozzi remarked that even if removal is not recommended, that does not mean that it cannot be considered in the future. As circumstances change, the issue can be reconsidered.
  
  
• •Mr. Potterfield felt there were too many questions for the Planning Commission to recommend the removal of the ramp at this time.
  
  

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that, concurring with the Planning Commission, the removal of the Lake Road ramp be not recommended for the Master Plan.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

At this point, Mr. Potterfield asked for a break and that the last three issues be reserved for discussion at the next meeting. He suggested a meeting within the next two weeks to keep abreast of the considerations of the Planning Commission. Committee members agreed.

There was no further discussion from committee members, and following a motion by Mr. Potterfield, seconded by Mrs. Bartolozzi, and a unanimous affirmative vote, the meeting was adjourned at 7:54 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 Planning, Zoning and Economic Development Committee of February 22, 2005. These minutes may be amended or revised at the next Legislative Meeting.