CITY OF ROCKY RIVER

MAY 7, 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, Mr. Patterson

Law Director: Mr. Bemer

Press: Mr. Saylor

The meeting was opened with the Pledge of Allegiance.

President Hagan called upon the City's Economic and Community Development Director, Kory Koran. Mr. Koran began with his quarterly development report:

Center Ridge Road:

• •Hamlets West is all but complete with two units remaining to be sold. Hamlets East is in its early stages with four units for sale, and construction continuing.



• •Westwood Town Center and River Plaza continue to be fully occupied.



• •Westgate is making good progress with Kohl's open and Target scheduled to open in July 2007. Lowe's has also begun construction. Announced tenants include: Marshall's, Petco, Justice, Just For Girls, Original Pancake House, Molly Brannigan's, Starbucks, Chick Fil a, Mark Pi's, Kay Jewelers, Lenscrafters, Aspen Dental and Famous Footwear.



• •Office Buildings have seen some successes since the Director's last report with some new tenants. The Rocky River Chamber of Commerce is also close to signing a lease for space on Center Ridge. Meetings have been held with Mark Weiss and Fern Weiss regarding their two large office buildings. They are currently working with an architect to update the exterior of their properties.



• •Target, at Rockport, continues to be a concern to the City and its residents. At present, the store plans to close in its present location in July and reopen the same month at Westgate. Mr. Koran reported that the store has a 17+ year lease remaining at the Rockport building which is only nine years old and will be vacant shortly. Adding to vacancies is the closing of Hometown Buffet (10,000 s.f.); Giant Eagle (35,000 s.f.), and Family Toy Center (15,000 s.f.) continue to be vacant. The property, ten acres with 385,000 sq. ft, of building, is owned by Wald Fisher which also owns the Detroit-Linda Shopping Center. Although the properties have been seen by prospective tenants such as Dave's Supermarket, Whole Foods, Staples, Circuit City and Home Depot, the owner may not be motivated to deal with new tenants because of time remaining on at least three leases: Target, 17+ years, Giant Eagle until 2008 and Hometown Buffet until the end of the year. On a positive note, however, Mr. Koran noted that Huntington Bank is extremely busy and Panera Bread is also successful as well as some smaller stores. Although Mr. Koran is in weekly contact with the owners, he has found that the space is more expensive than retailers are currently paying and would require renovations to fit their needs.



• •Wooster Road businesses like Duets are faring well, and residents are pleased to see that Great Scott's Bakery is expanding into the space next door to add a deli to its bakery offerings.



• •On Old Detroit Road, new businesses have moved in and are doing well. There are few vacancies in downtown Rocky River. At Beachcliff Market Square, construction on The Pub, a 5700 sq. ft. restaurant with patio dining, has begun with an attractive facade which has kept the historic marquee. Remax is open, the Venetian Nail Spa should open this week, and the Lakewood Hospital Cleveland Clinic office should be open soon. The City has encouraged the demolition of the buildings on the Taylor Motors property which was acquired by Madison-Marquette. They have promised to demolish them this spring. There are, however, environmental issues-not from the garage, but from a former dry cleaning establishment on the site. Landscaping is beginning and a new sidewalk will also be installed. Also on Detroit Road, Pulp Juice has taken over the former Dairy Queen and serves smoothies and drinks.



• •Across from Kensington School on Lake Road, new retail tenants have made the area active, but parking is difficult in the area. Mr. Koran commented that if there was ever a time to create more parking, it is now.



• •The Director also noted that Mr. Hurtuk and Mr. Gollinger had requested information on the BP ProCare on Hilliard. Although Mr. Koran had been told by the owners that no sale was planned, he discovered on the internet that both the station and the ProCare are for sale. Their sealed bid opening is July 7.



• •The Westwood Country Club membership has chosen to demolish its clubhouse and construct a $10 million structure rather than remodel. Since the Chamber of Commerce holds its meetings in this facility, it will be seeking another location during demolition and construction.



• •Commenting on further residential construction, Mr. Koran noted that in today's economy, residential builders are struggling. Chandler's Riverside has only one lot left as does River Place, but Mr. Koran expressed concern for Grandview on River Oaks. The first 8-unit building is under construction and hopefully will be completed soon. Astor Place has three units remaining. There are four potential residential developments: the American Legion property on Detroit is for sale at $1.5 million for 1.5 acres; the Brewer property with house is available on Wagar at $940,000; the DeCapua lot at the end of Riverdale is being considered for a 7-unit development; the Hausler site's developers who have discovered new easement and setback issues in their presentation to the Planning Commission, but have expressed optimism that the project will go forward.



• •Lake Road stakeholders continue to meet with the streetscaping project nearing completion. The City will install 6 additional benches and 2 litter containers.



• •Mr. Koran plans to submit a grant application for further streetscaping, this time for Allen Court. The format have changed, allowing a maximum of $150,000, and he will be applying for that grant to improve this street, much as the Lake Road project was done.

Discussion: Mrs. Bartolozzi asked about Beachcliff Row on Detroit, and whether there had been any developments. Mr. Koran said that at present, he has actually seen only one transfer. The remaining units in the first building are being redesigned with a more open floor plan, and additional buildings are not anticipated as yet.

Mr. Long asked about the Taylor Motors buildings, and whether Beachcliff owners had purchased all the property in that area. Mr. Koran responded that there are actually three owners in that area, and Madison-Marquette has purchased only Taylor Motors. Jan Dell and the other house are still privately owned. Although there are no plans for the property as yet, the owners have promised to demolish Taylor Motors buildings.

Mr. Hagan asked if the new construction at Hamlets East would require the same variances as Hamlets West, noting that in the first construction, there was an issue of building not in conformance with variances. Mr. Koran responded that the downsizing of the units meant fewer variances. This downsizing was done because the original units were large and, at $450,000+, were more difficult to market to empty nesters.

Mr. Hagan noted his concern with variance enforcement, and also with Rockport. He acknowledged the presence of residents from the Presidential who, although they would be unable to comment, were anxious to hear about developments at Rockport. He expressed concern about the vacant supermarket, and Mr. Koran indicated that his information is that although several markets have looked at the property, Dennis Fisher will not market the Giant Eagle space until there is a resolution of the Target situation since a plan for redevelopment of the entire site could be a possibility.

Mr. Gollinger expressed his support for an additional grocery store on the site, recommending Buehler's, a family-owned business from the Akron area which he felt would be an excellent addition to the City. Mr. Koran also explained that the withdrawal of Tops from this market also affected the prospects for a supermarket because existing chains have already purchased some of those stores and are expanding to their limits. It may be some time before they are able to look at further expansion.

Mrs. Bartolozzi asked if Famous Footwear, which is scheduled to open at Westgate, will close its Westwood Town Center store. Mr. Koran said that he did no know, but that he would contact them in an effort to find out. He expressed concern over Home Depot which may struggle when the 190,000 sq. ft. Lowe's opens next year.

Mr. Moran asked about the River Oaks development. Mr. Koran commented that it is too early to tell how it will go at this stage.

Mr. Koran then proceeded to his discussion of Master Plan Recommendations. He noted that Mayor Bobst has asked him to prioritize areas in the Master Plan related to zoning changes from a two-page list previously compiled in his meetings with the Mayor. Following his study of the list, he set the following priorities in implementation of the Master Plan:

• Create design guidelines. The City, at present, does not have design guidelines which are recommended in the Master Plan. Mr. Koran noted that Fairview Park has offered theirs, which has been recently created. His main concern is with commercial areas.



• Create a mixed use zoning chapter. Following his study of the zoning map, Mr. Koran has marked areas for rezoning, and noted that many current zonings are outdated. Property at Lake and Linda, for example, is zoned for apartments. He indicated that he would like to begin discussion of a mixed use zoning chapter which would permit mixed use development. At a later date, areas which would be appropriate for this type of development could be outlined. At present, zonings are not consistent with some grandfathered and legal non-confoming uses.



• Consider the concept of parking lot screening, and possible revision of parking lot requirements. In this way, parking areas could be part of the design guidelines.

To implement these concepts, Mr. Koran observed that it is possible to do the work in-house by scheduling directors to meet weekly. Mr. Bemer suggested that it may make sense to hire a consultant, who, after interviews with all the City's boards and commissions and administration can create an up-to-date development code. Some portions of the present code were written in the 1960's and encourage development seen today as undesirable. He added that this could be a good time to make changes because fewer developments are going forward because of the economy.

Mr. Bemer commented that he supports Mr. Koran's presentation and has seen developers horrified by the setbacks and dimensions created when the City was converting from a greenhouse community to multi-family dwellings such as apartments were seen as desirable. In the 70's and 80's the emphasis was on senior housing. Now, mixed use districts make the most sense. Mr. Bemer estimated that, because so much work needs to be done, with weekly meetings, a new development code could take about three years. A consultant may be able to do it in a year. Since the code has not been updated since 1980, a great deal of work needs to be done, and the Administration is supportive of the proposal.

• •Mr. Hagan commented that he supported design guidelines. In this way, recommendations from the boards and commissions can be consistent and not, even unintentionally, dependent upon the opinions of individual board members. He said, however, that he was troubled that individuals who saw problems with the code did not come forward and recommend changes. The Mayor explained that this has been done several times resulting in changes in the code. This would be a broader project, having the Code reviewed in light of today's building and developing, both in commercial and residential areas. Outlining the process by which the Administration arrived at the list of recommended changes and priorities, she said that it is time for the next step, consistent with the Master Plan. She asked Council to discuss Mr. Koran's presentation and the priorities he has set forth to decide how the project should proceed. To do this may require someone who can look at the entire development code and review changes, something which has not been done for many years.



• •Mrs. Bartolozzi observed that she does not typically favor consultants, but under these circumstances, it makes sense to look into the scope and costs of hiring someone with expertise in these areas so that updates can move forward as quickly as possible.



• •The Mayor stated that much of the Master Plan has already been implemented but that fine tuning is still necessary.



• •Mr. Hagan requested that the Administration gather information on the cost of hiring a consultant so the topic can be discussed at the next meeting of the Committee-of-the-Whole. He further requested that it be placed on the agenda of the committee agenda.



• •Mr. Gollinger asked if the creation of a mixed use zoning chapter would be included in the scope of services for the consultant. The Mayor responded that it would be included in the scope of services. Because of budget constraints, a timeline may need to be worked out.

The final topic addressed by Director Koran was a revision of non-residential sign ordinances. Mr. Koran first observed that there is no consistency in sign ordinances of various communities in our area. Meeting with Mr. Bemer and representatives of the Chamber of Commerce, President Greg Thompson, and volunteer Frank Eilberg, many such regulations were reviewed. The meeting was called to respond to requests from the business community for changes which would permit projecting signs and temporary portable signs, neither of which is currently permitted. The proposed ordinance, written by Mr. Bemer, resulted from that meeting and is a compromise between the City's view that signs should be prohibited and businesses' view that they should be permitted 365 days a year.

Mr. Koran then reviewed the major changes which included:

• •Allowing projecting signs up to 3' beyond the face of the building, no more than 6 sq. ft on a side, and at least 10' above the ground.



• •Allowing temporary signs provided they are attached to a building or other weight but not closer than 1' to the City's right-of-way. They must be approved by the Building Commissioner, used for advertising during business hours only, no more than 75 days per year, except for licensed food service businesses, which may display signs every day. The sign may have two sides, but no face may exceed 8 sq. ft.

Mr. Koran commented that Mr. Eilberg was eloquent at the meeting in his appeal on behalf of business persons who feel that the success of their endeavors is directly related to their ability to place signs in front of their establishments. Projecting signs, which were permitted at one time, have been prohibited for some time. Mr. Koran feels that they give a commercial area a unique look and help areas such as Old Detroit.

Mr. Bemer recalled that he had seen a photo of Old Detroit when signs were permitted, and the appearance was not gaudy or unattractive. The purpose of this sign ordinance is to maintain esthetic values while providing the means for businesses to thrive. He is hopeful that this ordinance can accommodate everyone concerned.

Mr. Gollinger mentioned that he will convene the Planning, Zoning and Economic Development Committee to discuss the recommendations, seeking ways to look at the sign interests of both residents and businesses.

Mr. Hunt asked if a business could have both a projecting sign and temporary sign under the proposed regulations. Mr. Koran said that it could, explaining that a small businessman will put up any sign permitted. He said that these regulations would permit projecting signs and temporary signs on a limited basis.

Mr. Hagan noted that projecting signs are not as important for Center Ridge Road as are temporary signs.

Mr. Hagan thanked the Economic and Community Development Director for his comprehensive reports.

MAYOR'S REPORT:

Mayor Bobst thanked the community, Council and members of the Administration for their support of the Scherry family during the recent funeral for Lance Cpl. Daniel Scherry. She noted that not only was there support from Rocky River residents, but from surrounding communities which sent motorcycle units and helped in many ways. She pointed out that River restaurants fed the Marine detail during its stay here through the funeral, and many other members of the community were also very kind and helpful. She thanked one and all.

The Rocky River School District has announced the appointment of Dr. Michael Shoaf as its next superintendent. Dr. Shoaf is currently the superintendent of the Painesville schools, and will begin his new duties on August 1, 2007.

After several meetings with the postmaster, manager, facilities manager and representatives of Congressman Kucinich's office, the Mayor was able to report that a request for funds has been forwarded for landscape improvements, fence replacement and redirection of traffic at the Rocky River Post Office. She hopes to have word this week or next week on the scope of the project and the timeline, and reiterated the City's offer of support to remove bushes and other plant materials. She further noted that the City's file of conditions dates from the mid-1970's.

The Ohio Municipal League reports that a substitute for SB 117 is expected tomorrow or the next day. More information should be forthcoming soon, and the Mayor hopes that some of the City's concerns about franchise fees, right-of-way and PEG channels will be addressed in the new version.

The Police Auction will be held on Saturday, May 26. As more details are available, the Mayor will make further announcements, but she noted that the entire community is welcome.

The Early Childhood PTA has made a generous donation of $3000 to the Parks and Recreation Department for renovation of the City Hall playground. This project to replace the play equipment has been planned for 2007, and their contribution will be of great help.

A fire occurred at Beachcliff Place and the City appreciated the large mutual aid response. The Mayor was pleased to report that no injuries had occurred and the City was able to help displaced residents to find lodging. As yet, the cause is unknown.

As the Mayor reported earlier, a notice was sent to the owner of the vacant house at Bonnie Bank and Wooster regarding the condition of the property. A 30-day period given for response or improvement has expired and the City will move forward with condemnation proceedings. The Building Commissioner and the Law Director will pool their efforts to move this forward, and the Mayor will report on any developments.

On Wednesday morning, every second grader in the City will participate in the River Ride by boarding Lolly the Trolley for a tour of the entire City. The tour will include visits to City Hall, the Clock Tower, the WWTP, and the Police division.

The reconstruction of Roslyn Drive will begin soon, and the Administration has communicated with affected residents. The road will be paved and curbs, sidewalks and aprons will be replaced.

This Saturday will be the annual garlic mustard pull at Elmwood Park. Through the efforts of Chris Pfeil, volunteers gather at the park to pull this noxious weed and prevent it from taking over from more desirable vegetation. The Mayor commented that this has made a real difference. Volunteers will meet at 10:00 a.m. at the park, and all weeds gathered will be disposed of by City trucks.

The Mayor and Mr. Gollinger attended a meeting of the Old Detroit Merchants' Association where topics such as signage, special events, streetscaping and promotions were discussed and addressed.

Discussion: Regarding the property at Bonnie Bank and Wooster, Mr. Long asked if there was any action by the lienholder. There was not, and the Friday deadline has passed.

Mr. Hunt had an opportunity to meet with the management team of Beachcliff Place who asked him to thank the Fire and Police divisions for their great response to the fire emergency.

UNFINISHED BUSINESS:

Ordinance No. 6-07: Mr. Gollinger observed that the applicant has changed direction. Following further communication with them, at the next meeting, Mr. Gollinger intends to move for indefinite postponement of this ordinance.

Resolution No. 10-07: This resolution will continue on hold until a response is received from Norfolk Southern concerning the impact of commuter rail traffic on the City's agreement with the railroad, limiting that traffic.

• •Mr. Hagan noted that Ken Prendergast of All Aboard Ohio! will make a presentation prior to Council's June 4 meeting.

Ordinance No. 36-07: This ordinance concerns signs. Both Mr. Gollinger and Mr. Hunt expressed concerns about some language in the exhibit. Mr. Bemer will review the exhibit to clarify the language for Monday's meeting before it is referred to the Planning Commission.

Ordinance No. 37-07: This ordinance, which pertains to advertising signs, will also be held to keep it with Ordinance No. 36-07 as it is referred to the Planning Commission.

MISCELLANEOUS BUSINESS:

Ohio Senate Bill 117 - Statewide Franchising of Video Services: Mr. Hagan asked Council members whether they wished to join with other municipalities who have recently passed and sent to Columbus resolutions opposing SB 117. Reading from a recent bulletin from Walter & Haverfield, Mr. Hagan indicated their opinion that if enacted as written, the bill will have a tremendous negative impact on every municipality, township and school district in Ohio by taking away their right to require cable franchise agreements. It would also allow operators to abandon existing franchise agreements. It is estimated that the immediate loss will be 15-20% of franchise fees received by Ohio's municipalities. Mr. Hagan added that an institutional network could also be lost which would impact schools and governments. This has been a subject of great debate and is tied in with the City's discussions with AT&T and their Project Lightspeed. Mr. Hagan observed that they were unsuccessful at the federal level and are attempting to negotiate state by state.

• •Mr. Hunt and Mr. Gollinger stated opposition to the bill.



• •Mayor Bobst reminded Council members that within the next day or so a substitute bill will be provided, so that whatever is drafted may change substantially. A loud, unified voice has been heard in Columbus, and the Mayor proposed waiting until the substitute bill is received so that what is written addresses the salient points of the new legislation.



• •Mr. Bemer indicated that he will attend a seminar with other law directors on Thursday and will be able to discuss revisions and a potential revised resolution for presentation to Council. Council can then proceed accordingly.

Cleveland Water Department Customer Service Charge: Since the new rate schedule has been in force, Council has received resolutions from other communities protesting the service charge made by the Cleveland Water Department (CWD) to underwrite their billing process. This $7.00 quarterly charge, valid until 2010, is often a hardship for those of limited means or on fixed incomes.

There was consensus that the resolution be drafted.

Railroad Quiet Zone: As discussed at previous Council meetings, Council members need to give direction to the Administration as to what type of Quiet Zone is to be requested: a 24/7 zone or a nighttime, 10-7 zone. The discussion has been deferred to give Ward 1 and 3 Council members an opportunity to discuss the issue with their constituents, pointing out the safety implications of a 24/7 zone.

• •Mr. Hunt said that he was not surprised that the residents of his ward with whom he spoke reinforced their wish for a 24/7 zone which had been requested at meetings in Council Chambers. By a 2 to 1 ratio, they favored the 24/7 zone, and expressed their opinions that with the safety measures currently in place, safety would be assured. He requested consideration of a 24/7 zone.



• •Mr. Gollinger agreed, saying that the individuals to whom he spoke were, with only two exceptions, in favor of the 24/7 zone. Although there was some confusion that cost was an issue, he explained, and they felt that the present gates, lights and bells are sufficient to warn pedestrians. He also mentioned that the FRA representative emphasized that an engineer is free to use the horn if he/she feel that there is a dangerous situation on the tracks. Finally, he brought up the point that these diesel horns are not the same as the old steam horns, but are extremely loud.



• •Mrs. Bartolozzi raised the point that train traffic varies from 0 to 5 or 6 trains per day. This is not a number that would disrupt daytime activities, and she was in favor of a nighttime zone.



• •Mr. Hunt responded that Council has an opportunity to alleviate a nuisance and enhance the quality of life for some residents, adding to the value of their homes. He requested further consideration of the 24/7 zone.

It was the consensus (4-3) that the Administration be requested to apply for a 24/7 Quiet Zone.

Transfer of Liquor Permits: Two permits are currently under consideration, the first at the Beachcliff Tavern and the second at Gamekeepers, to The Pub. Police background checks reveal no records on either party receiving the license. As there were no objections from members of Council, Mr. Hagan instructed the clerk to return them to the Ohio Liquor Commission without requesting a hearing.

COMMITTEE REPORTS:

Planning, Zoning and Economic Development Committee: Mr. Gollinger asked committee members to meet next Monday, May 14 at 7:00 to discuss the proposed sign regulations. Members will check their commitments and Mr. Gollinger will notify the clerk in time for the meeting to be posted on Friday.

NEW BUSINESS:

Ordinance No. 41-07: This ordinance would approve an additional improvement at the ice rink by replacing dasher boards around the rink. The current boards were installed in 1984, and need to be replaced. Further, these will be 2½' higher. The work should be done immediately so that it can be ready for hockey season in September.

• •Mayor Bobst reminded Council members that they had reviewed improvements to the ice rink when the issue for expansion of the civic Center went to the voters. These improvements were promised to interested parents and residents. With the completion of this project, the major issues will have been addressed.



• •Mr. Patterson was in attendance to answer questions. (Consent Agenda)

Ordinance No. 42-07 and Ordinance No. 43-07: Mr. Long discussed these two ordinances which together, will authorize the purchase of a rear loading packer for the Service Division. This will replace a 10-year old vehicle which is used for refuse and leaf collection. The cab and chassis will be purchased under the ODOT Cooperative Purchasing Program. These items are identified on the current budget. (Consent Agenda)

Ordinance No. 44-07: This is a two-year contract for WWTP uniforms. This is essentially an extension of a contract already in existence. The vendor remains the same and the price has risen by $.03. (Consent Agenda)

Ordinance No. 45-07: Mr. Long explained that the vehicle authorized in the ordinance will be a back-up unit for the Signal Division. The lift bucket will enable workers to reach traffic signals and high signs. The current truck dates from 1993, and this truck will have a larger reach. It is identified on the current budget. (Consent Agenda)

Ordinance No. 46-07: Mr. Hagan explained that this ordinance authorizes a contract for the concrete/sidewalk program for this year. When curbs, aprons and sidewalks need to be replaced,

the City needs to have the funds available to do the work. The amount spent depends upon how much needs to be done. (Consent Agenda)

Mr. Gollinger raised a problem experienced by residents of Ward 3. He indicated that some truckers arrive the day before and sleep in their trucks before delivering merchandise. They stay in their trucks and keep their motors running for long periods. He said this is a particular problem at the Detroit-Linda shopping center, and specifically at Tuesday Morning. He asked the cooperation of the Safety Committee to research the ordinances with the Safety-Service Director to be certain that laws are being followed.

Finally, Mr. Gollinger announced that he will not be a candidate for re-election to the Council seat in Ward 3. He noted that he has been in Council for 14 years, has had a great time, and now feels that with the capable individuals in office, it is time for new ideas. He said he greatly appreciates the opportunity he has had to serve.

As there was no further business by members of Council, the meeting was adjourned at 10:02 p.m.

________________________________ ______________________________

Brian F. Hagan Misao Kurokawa

President of Council Clerk of Council