DRAFT

CITY OF ROCKY RIVER

JUNE 6, 2005

The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:03 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, Mr. Koran, Mr. Mackay

Law Director: Mr. Matty

Press: Mr. Dzurick, Mrs. McKenzie

The meeting was opened with the Pledge of Allegiance. Mrs. Bobst announced that the meeting was being recorded by a resident.

MAYOR'S REPORT:

An inspection of the outdoor pool at 5:00 p.m. today indicated the possibility that the pool may be able to open this Saturday, as it has been filled and the water treated. State testing remains to be completed as well as some landscaping and the fence. However, in view of the recent warm weather, the City would like to open the pool as soon as it is ready to be used. The official grand opening remains on Saturday, June 18.

The DARE graduation will be held this Wednesday. The time and location have been changed to 8:45 a.m. at Kensington School. The change from the Don Umerley Civic Center was necessary because the outdoor pool is not yet ready for use. The Yachting Club has generously offered the use of their pool for the event.

ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR'S REPORT:

Mr. Koran began his report with residential properties:

• •Astor Place continues to progress with most buildings completed and the remainder under construction. When completed, it will have 33 units.
• •BeachCliff Row at Lake and Linda now shows construction activity; the roof remains to be done for the first building.
• •The Hamlets East has outstanding units completed. Mr. Koran observed that there is a very efficient use of space in this development. Eight units are under construction with some completed and others in various stages of construction.
• •No plans have been filed yet for the American Legion property.
  
  

In commercial properties:

• •Council members have been invited to the groundbreaking ceremony for the Beachcliff Market Square to be held on June 15 at 2:00 p.m. MadisonMarquette, owners of the development, have donated the existing green streetscaping lights to the City, and they will be used to beautify City property in the Detroit Road area.
• •McDhurrie's is settled in its new location, and Yeager's has moved within the area as well. Mr. Koran also attended an enjoyable open house at Adesso in its new location.
• •On Center Ridge Road, the firm he mentioned last month with 35 employees and a potential for 50 has moved in, and Mr. Koran was happy to welcome Eagle Financial to the City at 20575 Center Ridge.
• •Qdoba's grand opening will be this Saturday in the former Arabica site in the Westwood Town Center.
• •A temporary bookstore will locate in the former Family Toy store in Rockport for 3-4 months.
  
  

The Master Plan was approved by the Planning Commission and a summary was voted upon at their meeting on May 24. Minutes from that meeting will be forwarded to Council.

No definitive news has yet been received on Westgate. Demolition will begin soon, but official plans and tenants will not be submitted to both Rocky River and Fairview Park until September.

The first "Taste of River" has been scheduled for July 16 from 3:00 p.m to 6:00 p.m. at the Don Umerley Civic Center and will be sponsored by the City and the Chamber of Commerce. On the same day, Community Challenge will hold its annual Fun Fest day on the City Hall campus, so Mr. Koran encouraged all to ride the rides, play the games and then attend the Taste of River. Twelve restaurants have already signed up for the event.

Mrs. Bobst added that on the same day the City will sponsor a shredding event where residents may bring up to five boxes of personal documents which will be shredded without charge.

UNFINISHED BUSINESS:

Resolution No. 133-04: This resolution adopts the Master Plan. The Planning Commission has passed its recommendations. These will now go to Council's Planning, Zoning and Economic Development Committee for further discussion. Mr. Potterfield is awaiting the approved minutes from the Planning Commission.

Ordinance No. 40-05: This ordinance is also under review by the Planning Commission. Mr. Potterfield indicated that he is waiting for the approved minutes to be forwarded to his committee.

Ordinance No. 70-05: This ordinance would authorize payment of an invoice from the Cleveland Division of Water for readings they had done which are used as a basis for City sewer billings. Mr. Hurtuk explained that this ordinance has been read twice. He is waiting for follow-up information, so the ordinance will continue on hold for next week.

Ordinance No. 74-05: This ordinance is one way of injecting an annual revenue stream into the paving program. It would authorize the levying of a $5 license tax to be earmarked for street repair and maintenance. Mr. Hurtuk indicated that further dialogue would be held in the discussion of the 2005 street paving program in Miscellaneous Business.

Ordinance No. 82-05: Mr. Hagan noted that the topic has been discussed at the meeting held recently at City Hall and will have its second reading next week. This will also be discussed under Miscellaneous Business.

MISCELLANEOUS BUSINESS:

Maximum Residential Lot Coverage: The Mayor explained that this topic arose from discussions with developers who were trying to work out particular size building in compliance with the Code. They pointed out that Rocky River allows a very low coverage percentage as it applies to multi-family units and townhouses.

Mr. Koran came forward to explain that Fairview Park allows 25% for townhouses, 25% for garden level buildings and 20% for high-rise buildings. Solon allows 33% for multi-family; Westlake, 20% to 30%; Strongsville, 30%; Shaker Heights has no coverage regulations, depending upon setbacks and other criteria. The City of Cleveland likewise has no coverage regulations. In contrast, Rocky River's Code allows only10% to 25% for all residential building. He said that the Mayor's recommendation is 25% which is in line with other communities.

Mayor Knoble added that this recommendation of 25% is for all residential districts through MF- R5. He further observed that this does not impact the density ordinance.

• •Mr. Koran agreed, saying that one does not affect the other. Each criteria for coverage and density is considered independently by the Building Commissioner on each project.
  
  
• •Mrs. Bobst was concerned that if both density and coverage were increased, there would be multiple situations where more variances would be needed and requested of the BZA. This could happen because if more lot coverage is available, more developers would be unable to meet the setback requirements.
  
  
• •The Mayor felt that both were independent, and that one standard could be met without the other. He maintained that our Code is not in touch with other suburbs who are all competing for redevelopment dollars.
  
  
• •Mr. Gollinger pointed out that variances may be requested in all criteria, but it is a decision that will be made by the BZA in considering what makes sense for each individual project.
  
  
• •The Mayor emphasized that the City is in a competitive situation. Developers must seek to maximize the number of units built. The City's job is to be certain that the units are salable and that they fit in with what is in the community. He feels that this is a crucial issue.
  
  
• •Mrs. Bobst, while not disagreeing, wished to be sure that, if both issues are passed, there is not too great an impact on the BZA regarding setbacks. She would like to see that most projects can go forward with the existing setbacks.
  
  
• •Mr. Potterfield noted that the BZA has allowed a variety of variances during the past three years, and is often close to this proposed lot coverage. However, he likes the current process because it allows the Board to look at each project and evaluate it on an individual basis.
  
  

Mrs. Bobst suggested, and Council concurred, that legislation be drafted with the 25% recommendation and placed on Council's agenda for further discussion.

Building Department Recommendations for Changes to the Code: This list of recommendations was prepared some time ago by members of the Building Department. The Mayor requested that the recommendations for BZA application fees be added to the list. Currently, there is no charge for submitting an application for a variance; however, expenses incurred in these hearings is considerable and increasing annually.

• •Mr. Potterfield, Chairman of the Planning, Zoning and Economic Development Committee, noted that at a previous committee meeting, the first four items had been discussed, but required additional input from the Building Commissioner, Mr. Beirne. It was decided to set a committee meeting for Tuesday, June 14 at 8:30 a.m. Mr. Potterfield requested that the Administration prioritize the list and that Mr. Beirne be requested to attend the meeting. Responding to a question from Mr. Matty, Mr. Potterfield indicated that he expected the meeting to last for approximately one hour and to cover as many of these recommendations as possible.
  
  
  
  

Orchard Park/Bates Waterline Improvements Project: Mayor Knoble thanked all the residents who attended the meeting at City Hall on May 31. Mr. Frost, Mrs. Bobst and Mrs. Bartolozzi were also in attendance as well as Mr. Mackay, the City's consulting engineer. The meeting covered a variety of issues for 2½ hours with 54 residents in attendance.

The Mayor reported that one area of concern was the quality of the work performed last year and whether or not new paving would hold up with the condition of the base. Last Thursday, accompanied by Mr. Linden, Mr. Gottschalk, Mr. Michael Mackay and Mr. Richard Mackay, he walked several of the streets involved. Some issues were found which needed to be addressed. He turned to Mr. Mackay for further details.

Mr. Mackay noted that the area had had concrete streets which would be overlaid with asphalt. On their inspection tour, they found that miscellaneous curb repairs were needed as well as catch basin repairs. Some areas required partial and full depth repairs (where the concrete would be removed and a new base installed before being overlaid with asphalt). This road repair will be part of the 2005 Paving Program. Bids will open July 1 so that the project can move forward. Some residents were concerned at this late start, but the Mayor has assured them that this project will be a priority in the paving program.

• •The Mayor added that the cost will not be known until the bids are opened and evaluated, but as more information is received, informational meetings with residents will be scheduled, perhaps on a street-by-street basis or on-site.
• •Other situations noted: where cuts were made to install sewers, remaining concrete between the cuts should be removed and a new base installed. No spalling or apron upheaval, as alleged in complaints, was found. However, on Blossom, three houses had no dirt in their tree lawns. City crews had to remove rocks and other debris and replace it with dirt so that landscaping could proceed. Even though some residents requested new curbs to match other streets, where curbs were left in good condition, they will not be replaced.
• •The Mayor's rough estimate for the entire 2005 Paving Program is about $1 million.
  
  

Mr. Gollinger asked about the replacement of base between the two cuts and also how much damage was caused by construction and how much was existing damage.

• •Mr. Mackay pointed out that without a pre-construction video, it is difficult to say.
  
  

Mr. Hurtuk was pleased that changes would be made to rectify situations where needed. He said that residents have been patient and asked if some of these expenses were for work which was not done correctly and whether the City has any recourse.

• •Mr. Mackay responded that in a significant number of cases, it cannot be proved that the construction company was responsible.
• •The Mayor said that some expenses, such as sinkholes or replacement of tree lawns filled with stones would be reported back.

Mr. Hurtuk then wondered if this firm or the inspection firm would do more work in the City. The Mayor responded that aside from testimony in this case, there would be no further involvement in any other project in the City for either firm.

Mrs. Bobst thanked the Administration for sharing information with the residents. She noted that the inspectors for Mackay will be clearly marked and will talk to residents where possible.

Yacht Club Drive/Riverdale Intersection: Mrs. Bobst thanked the Administration for the memo of May 26 discussing this project.

Mayor Knoble briefly discussed the history of the project, noting that several years ago the City purchased and demolished three properties with a goal of eliminating the hairpin turn. At this point, the Mayor estimated that the City has invested $750,000 in the properties. At one time, it was thought that the best plan was to expand the radius of the turn which would mean the acquisition of further properties. The Mayor, however, is pledged not to use eminent domain for residential properties.

The City's consulting engineer, Mr. Michael Mackay, has proposed a plan which can be accomplished within the properties now owned by the City. The Mayor showed large-scale drawings to members of Council and explained how the curve would be reconfigured. It would involve steepening the slope so that Yacht Club Drive and Riverdale would be at the same level at the intersection.

Mrs. Bobst asked if further land acquisition would be necessary.

• •The Mayor responded that in order to install a sidewalk, which he feels is necessary now that the area is more family oriented, a 1' to 3' donation on the part of some homeowners on Riverdale may be necessary. The project cannot proceed without that donation. He stated that this is essentially the same program as proposed by Mayor Umerley several years ago. A temporary easement would also be necessary on Riverdale and Yacht Club for construction purposes.
  
  

Mr. Mackay explained another problem. In order to accommodate the new intersection and not take more property, retaining walls are necessary along Riverdale as well. This will be built on unstable soil, so the services of a soil engineering company are necessary. The proposal attached to his memorandum says that because of the instability, a drilled shaft with piles secured into bedrock 25 to 30 feet down along the river would be the best way. This would assure security and stability. This process would account for a significant portion of the cost and is a major issue.

• •The Mayor feels that the walls must be built if the problem is to be solved. This would solve both the turn and the hillside issues. Although the solution may be expensive, issues of safety must be addressed. The area is becoming more family-oriented, so sidewalks and fire truck access are important issues.
  
  
• •Mr. Gollinger wished to confirm that it would not be necessary to cut into residents' properties to build the wall. Mr. Mackay could not positively confirm that statement because it would need to be surveyed first; on present blueprints, Riverdale is not where it is supposed to be. But he did say that there would be no "wholesale" taking of property necessary.
  
  
• •Mrs. Bobst asked about timing. Mr. Mackay remarked that this was tricky because it is necessary to monitor the slope for a period of six months to two years to do a good job.
  
  
• •Mrs. Bobst asked about where the cost of approximately $1 million could be placed in the Capital Improvements budget. The Mayor said that it depends upon how quickly the engineering can be completed. It could be in the fall of 2006, or more likely, in 2007.
  
  

The Mayor asked Council if it wishes to pursue a solution to this problem. If so, he will meet with homeowners to explain the situation.

• •Mr. Matty asked if there is a way to be told what parts of what properties will need to be donated. The Mayor said that this project will significantly improve property values, but he cannot recommend proceeding if necessary property is not given to the City.
  
  
• •Mr. Potterfield indicated his understanding that the estimate attached by Mr. Mackay does not include soil/structure stability monitoring and the final cost would be predicated upon soil conditions. Basically, the initial amount would be required to lay groundwork for the project so that the City could see the scope of the project.
  
  

Mrs. Bobst proposed that Council agree to ask the Administration to meet with homeowners to explain the proposal, and particularly the need for land to accomplish the project. Once assured that the property would be available, then consideration would be given to the expenditure to proceed with the preliminary plan. Members of Council agreed with this proposition.

2005 Street Paving Program: Mr. Linden began by explaining that he and Mr. Gottschalk drive the City each year to rate the streets by numbers. From those ratings streets in the worst condition are chosen for repair.

Mayor Knoble announced that this year's recommendations-in addition to the streets in the Orchard Park/Bates area-are: Carmen, Colahan, Leona, Mercedes, River Lane, Robert, Rocky River Oval and Westmoor. In addition, a short stretch of sidewalk will be paved to connect Delmar Dr. to the parking lot at Tri-City Park. The Mayor indicated that the cost of paving these streets would be more than the appropriation. The total is projected to be approximately $909,000, of which approximately $225,000 will be spent in the Orchard Park area.

Mrs. Bobst confirmed that the sewers on those streets would be videotaped; the Mayor agreed.

She then turned to Mr. Hurtuk for a discussion of Ordinance No. 74-05 which would authorize a $5 fee assessed to residents when they renew their license plates. The funds raised would be earmarked for street maintenance and repair. The Mayor noted that Carolyn would not be done this year as planned because Fairview Park has decided that it will not participate. In addition, Center Ridge will not be bid until January of 2006. Postponing those two projects means an additional $200,000 is available for other streets this year.

• •Mr. Hurtuk asked about the financial picture as to income this year. The Mayor responded that payroll taxes are slightly ahead; real estate taxes are ahead 4% to 5%, and as of now, although the City has not yet received the funds, a little more than $2 million in inheritance taxes will be received. Mr. Hurtuk indicated that inheritance taxes will be placed in the Permanent Improvement Fund so that the balance can remain reasonably high.
  
  

He then explained that he is uncomfortable with the license tax because Rocky River residents have already voluntarily raised their taxes this year for levies and Civic Center improvements. This tax is not a large amount, and he feels that the amount raised is not large enough to justify the ill will on the part of residents. He said it might be preferable to borrow or raise a large amount to "catch up" on street maintenance.

The Mayor explained the other side, that a street like Carmen, for example, would cost $70,000 to resurface, Mercedes, $80,000. In a continuing program, this $5 tax would raise enough to pave one street a year and over time, would be a continuing source of improvement. He also sees the justice in having the cost of at least some street repair paid by those who have cars and trucks and use the streets.

COMMITTEE REPORTS:

Parks and Recreation Commission: Mrs. Bobst reported that the Commission met on May 18 where Mr. Patterson reported that pool pass sales are up over 300%.

NEW BUSINESS:

Ordinance No. 83-05: Mrs. Bartolozzi explained that this ordinance authorizes the purchase of a replacement 75 cu. yd. transfer trailer which is provided for in this year's budget. Mr. Linden went on to explain the need for the trailer for the fall leaf season, and noted that this is a good price. He asked for passage next week. Mrs. Bartolozzi requested placement on the Consent Agenda.

Ordinance No. 84-05: Mr. Hagan indicated that this ordinance will allow the Mayor or his representative to negotiate with the vendor in the placement of a cell tower on the City's campus. He indicated that the issue was discussed at the last meeting, and the change to the Code has been drafted by Mr. Matty. He requested that this ordinance be placed on the Consent Agenda for next week.

ANNOUNCEMENTS:

The Mayor displayed this year's State Fire Marshal's calendar with artwork by Brendan Keaney of St. Christopher's School. This calendar is distributed throughout the state.

Mayor Knoble urged Council members who plan to attend the Senior Center's 90+ luncheon on June 17 to reply by Thursday.

The summer band concerts have begun again for this summer's season. Concerts are scheduled for June 26, July 10 and 24 and August 7. All concerts will be held at Rocky River Park at 7:00 p.m. The schedule is also on the City's website.

A request for a liquor permit has been received on behalf of Qdoba. It was the consensus of Council members that no objection be registered as the Police Department's investigation showed no reason that the permit should not be granted.

As there was no further business by members of Council, the meeting was adjourned at 9:30 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 June 6, 2005. These minutes may be amended or revised at the next Legislative Meeting.