DRAFT

CITY OF ROCKY RIVER

JUNE 20, 2005

The Committee-of-the-Whole was called to order by Mrs. Bobst, President of Council, at 8:05 p.m.

Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mrs. Bartolozzi

Mrs. Bobst

Absent: Mr. Hurtuk, Mr. Hagan

Administration: Mayor Knoble, Mr. Linden

Law Director: Mr. Matty

Press: 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:

One of the biggest events of last week was the grand opening of the aquatic facility. The Mayor thanked all those who attended and noted that it was a nice turnout. The pool looked great and Mayor Knoble expressed appreciation to Director Patterson whose hard work over the past 9 months made everything come together.

Groundbreaking for the Beachcliff Market Square project was held last Wednesday. Several Council members were in attendance. The Mayor thanked Mr. Gollinger for his efforts over the last year.

The 90+ luncheon was a great success. The room was filled with 134 honorees and 100 of their friends and guests.

The Bates/Orchard Park area landscaping has been completed. Although touch-ups are still to be done in some areas, it looks good. All that is required now is rainfall for the grass to take root, or in the absence of rain, assistance from homeowners until the grass is established.

The street paving bids opening will be July 1. The Mayor indicated that he would appreciate quick action when the bids are brought forward. By the meeting of July 5 he will be able to indicate if there is a qualified contractor to complete the project, and by July 11, he would like to bring an ordinance for passage.

With the cooperation of the Chamber of Commerce and the Rocky River League of Women Voters (LWV), a decision has been made that the City will take over the publication of the small Residents' Reference each year. This will replace the January newsletter and will incorporate facts and figures and articles which would normally be distributed to residents in brochure form. It will have no advertising, but will advise residents on issues like garbage collection and animal control. The Mayor's assistant, Mrs. Burt, will edit the volume and will solicit volunteers to help.

The Mayor attended the Rocky River Community Theater's presentation of Forever Plaid and commented that it was very well done. He feels that this is an underappreciated community asset and encouraged all to support it.

Discussion: Mr. Gollinger requested an update on the progress of the Wooster Road bridge.

• • The Mayor indicated that he had been told that the bridge would be complete by the end of June, but that he felt it would be completed before that date.
  
  

Mrs. Bobst thanked her colleagues for their attendance and interest in recent activities. She noted that articles had recently been published indicating that North Olmsted was considering joining other Westshore communities in the centralized dispatch. She asked for a status report.

• •Mayor Knoble indicated that this was on the agenda of either the North Olmsted Safety Committee or the Council as a whole for next week. Mayor O'Grady favors the City's participation, but some members of Council are opposed.

UNFINISHED BUSINESS:

Resolution No. 133-04: This resolution adopts the Master Plan. The Planning Commission has passed its recommendations and will forward approved minutes following tomorrow evening's meeting.

Ordinance No. 40-05: This ordinance has also been reviewed 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. Mrs. Bobst indicated that a June 20 memorandum has been received from Finance Director Thomas who is trying to locate a community with comparable billing methods. He hopes to have more information in the near future; for now the ordinance will remain on hold.

Ordinance No. 86-05: This ordinance has been referred to the Planning Commission and is on their agenda for discussion tomorrow evening. Mr. Potterfield indicated that his committee will await their comments.

MISCELLANEOUS BUSINESS:

Mrs. Bobst raised the issue of a letter sent to Mayor Knoble which he had forwarded to Council members. It was a request that Council pass a resolution in an effort to save jobs in the area by appealing the recommendation of the United States Department of Defense to realign 1028 important federal defense jobs at the Defense Finance and Accounting Service (DFAS) to other cities. This resolution would encourage retention in this area.

• •Mr. Gollinger indicated that he strongly supports Council's moving forward with this resolution. There are City residents who work at that for the DFAS, and he favors joining with efforts to retain these jobs in our area.
• •Mr. Potterfield noted that it is not just Rocky River which would lose, but the entire Cleveland metropolitan area. He would like to see a resolution on the agenda.
• •Mrs. Bartolozzi concurred.

The Law Director will be requested to draft a resolution for next Monday's agenda.

COMMITTEE REPORTS:

Planning, Zoning and Economic Development Committee: Mr. Potterfield reported that his committee had met this evening to discuss the recommendations of the Building Department for changes to the Zoning and Property Maintenance Code. Of the 11 items on the list, 8 were recommended for drafting as ordinances by the Building/Law departments for consideration by Council as a whole. The others were placed on hold for more information or further input. Another meeting has been scheduled for next Monday at 7:00 p.m. before the legislative meeting. On the agenda of that meeting will be filing fees for BZA applications, Ordinance No. 40-05 and the Planning Commission assessment of the Master Plan.

Safety Committee: Mr. Frost asked the Law Director for an ordinance prohibiting a right turn on red from the eastbound right lane of Westway onto Wagar Road, south toward City Hall. The volume of traffic can be quite heavy at this intersection, and residents on Wagar complain that they are unable to exit their drives. Traffic from the high school can make matters worse. This is the only change in the ordinance.

• •Asked about the opinion of the Police Chief, Mayor Knoble commented that the Administration will express no opinion on this change.
• •Mrs. Bartolozzi added her voice to support the ordinance. She noted that there is not a good line of vision to see southbound traffic until far into the intersection, and feels that this would be a safer policy.
  
  
  
  

Parks and Recreation Commission: Mrs. Bobst reported that the Commission met last Wednesday.

• •A used sports equipment sale has been scheduled for Thursday, July 14 from 9 a.m. until 6:30 p.m. at Memorial Hall. Questions may be addressed to the Recreation Department.
• •In other matters, Mark Rantala presented information to the commission, detailing three ideas for increasing soccer field practice and play space. These will be reviewed by the Administration.
• •Also reviewed was the issue of cleanliness of sandboxes in City parks. It was the recommendation of Director Patterson and concerned parents that the boxes be removed because no matter how carefully monitored, the boxes are sometimes used by animals.

NEW BUSINESS:

Ordinance No. 87-05: Mrs. Bobst explained that this is Mr. Hagan's ordinance, and is a housekeeping issue. In subsequent years of multi-year contracts, the Finance Director and the Law Director have requested that new ordinances be passed affirming the contract. This is such an ordinance for janitorial supplies. As there were no objections, it will be placed on the Consent Agenda.

Ordinance No. 88-05: Mrs. Bartolozzi indicated that this ordinance for the purchase of a one-ton dump truck and body was discussed during budget hearings. She turned to Mr. Linden who explained that this four-wheel drive vehicle would be used this winter to plow snow from side streets. Depending on the amount of snowfall, this could significantly speed service to side streets. Mrs. Bartolozzi requested that this ordinance be placed on the Consent Agenda.

ANNOUNCEMENTS:

The Division of Liquor Control has forwarded a request from Donato's Pizzeria for an ownership and membership interest change. In the absence of objections from the administration, that request will move forward.

As there was no further business by members of Council, the meeting was adjourned at 8:30 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 Planning, Zoning and Economic Development Committee. These minutes may be revised or amended at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

JUNE 20, 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 7:05 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

Administration: Mayor Knoble, Mr. Linden, Mr. Beirne

Law Director: Mr. Matty

MOTION:

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that the reading of the minutes of the committee meeting of March 10 be waived and that the minutes be approved as submitted.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

Mr. Potterfield opened the discussion by explaining that Mr. Kevin Beirne, Building Commissioner, in response to a request from Mr. Potterfield's committee, had submitted a list of recommendations for changes to the zoning code and the property maintenance code. Mr. Potterfield asked Mr. Beirne to explain his recommendations:

1. ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE

The International Code has been adopted by many Ohio cities and addresses many problem areas not mentioned in individual City codes. It will serve to clarify the property maintenance code. Mr. Beirne suggests that this be incorporated into Chapter 1370. He noted that the definitions are more complete and topics such as fire safety and electrical, plumbing and ventilation standards are covered in more detail.

• •Mrs. Bartolozzi asked which code would take precedence in the event of a conflict.

Mr. Beirne responded that the more stringent standard would be enforced and quoted from Section 1306.05:

"In the event of conflict between any provisions of this Code, including any rules and regulations adopted pursuant to this Code, and any provisions of City ordinances, including any rules and regulations adopted pursuant to such ordinances, that provision or ordinance which establishes the higher standard for the promotion or protection of the health or safety of the people shall govern."

Mr. Matty suggested that the wording could be handled to include both codes in the opening sentences. He and Mr. Beirne can review the remainder to see where references are appropriate.

• •Mr. Potterfield commented that if the International Code is adopted by other communities in the area, it will create uniformity in regulations. He further asked Mr. Beirne if City employees can enter private property without the owner's consent.

Mr. Beirne noted that employees can only speak to individuals to obtain consent; this Code does not change constitutional law.

• •Mr. Potterfield suggested that adoption of this Code be pursued as suggested by Mr. Matty and that an ordinance be brought to the Council agenda.
  
  

Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that the Committee recommend to Council that the International Property Maintenance Code be adopted. Mr. Beirne and Mr. Matty will work together to bring the ordinance to Council.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

2. SECTION 1141.04(A)(1) CLARIFICATION OF DEFINITIONS OF PASSENGER VEHICLE AND TRUCK.

The problem that has arisen is the parking of trucks or commercial vehicles on residential lots. The Building Commissioner would like to adopt the recommended definitions to classify vehicles regardless of how they are licensed. The vehicles would then be controlled by use and style. If the vehicles can be garaged, there is no problem. Some, however, would require variances for an oversized garage or be left outside.

• •Mayor Knoble explained that commercial vehicles are classified from 1 to 8, depending upon weight. Trucks are designated as trucks on their titles, even if not used for commercial purposes. (They may be licensed non-commercial or even auto plates.) Revised definitions would ensure that our ordinances are enforceable. He has urged the citing of owners of particularly large vehicles. He stated that for Class 4 and above, there is no question. He would like to see the definitions on Class 1, 2 and 3 tightened so that large vehicles are out of neighborhoods.
  
  

Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that the committee direct the Administration to draft legislation with appropriate language incorporating the recommendations of the Building Commissioner.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

3. SECTION 1151.05(A)(2)B4, SERVICE STATIONS

Mr. Beirne recommended that the outside storage of vehicles awaiting repair be limited to 14 days; that the parking of recreational vehicles be prohibited unless service is intended; that no vehicle may be stored at the site for the purposes of sale. At present, the Code does not set a time limit for the parking of vehicles intended for repair. If the 14 day period must be exceeded, the vehicle must be parked indoors. This would apply to service stations or auto repair facilities. Likewise, parking of recreational vehicles at service stations is not in the Code at present. This change would prohibit parking of any recreational vehicle at a service station unless repairs are intended; then the 14-day limit would apply. The third recommendation would not permit the sale of cars from a service station.

• •Mr. Matty pointed out that residents are permitted to sell two vehicles per year from their homes.

Mr. Beirne responded that this is a zoning issue, and that it would not be a permitted use.

Moved by Mr. Gollinger, seconded by Mr. Potterfield, that Commissioner Beirne be directed to move forward and work with the Law Director to draft ordinances including his recommendations for service stations.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

4. SECTION 1141.04(B)(8) AIR CONDITIONING

Mr. Beirne's recommendation is to permit an outdoor condenser in the side yard if that yard abuts a secondary street and is properly screened so as not to be readily seen from the public right of way. It would also permit locations in the side yard if the abutting property is zoned other than residential. He noted that 99% of requests before the BZA for this type of variance is granted if the condenser is screened.

• •Mr. Gollinger cautioned that the verbiage should be adjusted so that the condenser can be located only on the side abutting the non-residential side.
• •Mr. Potterfield noted that today's units are much more quiet than formerly.
• •Mayor Knoble pointed out that these requests are more common because of the popularity of decks, patios or porches at the rear of homes. This makes it more difficult and expensive to locate the condenser at the rear of the property.
• •Mr. Gollinger commented that this may shorten BZA agendas.
  
  

Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that this recommendation be presented in ordinance form for consideration by Council.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

5. SECTION 1143.02 SIDE YARD REQUIREMENTS

Mr. Beirne's recommendation here is that residential side yard setbacks for new additions may be in line with the existing structure, but not less that 5' from the property line. He asserted that this variance, also has a 95% approval rate by the BZA.

• •Mr. Potterfield noted that he had received a note from Mr. Frost voicing his opposition to this recommendation. He also does not think that this is advisable.
• •Mayor Knoble explained that the greatest problem is in two-story additions where adjusting the roofline to meet an 8' setback for the second story when the lower floor has a 5' setback is a problem.
• •Mrs. Bobst asked about the reactions of neighbors. Mr. Beirne responded that it depends upon the sizes of lots and varies with the neighbors, the size of the addition and the light being blocked.
  
  

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that this matter be tabled.

Discussion: Mr. Gollinger felt that he was more comfortable having each situation reviewed by the BZA and its architects and engineers to make a decision best for each individual and neighborhood.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

6. SECTION 1143.09 MAXIMUM GARAGE SIZE

At present, there is no limit on the size of a detached garage except for regulations about lot coverage. Mr. Beirne recommends a limit of 800 sq. ft. be instituted. This would allow a 3-car garage. Coverage regulations would also apply. On larger lots, some would like a substantial garage, and this would set the maximum size.

• •Mr. Potterfield asked about present regulations in the Code. Mr. Beirne responded that the Code is vague. He further noted that this restriction would be for detached garages only.
  
  

Moved by Mr. Potterfield, seconded by Mrs. Bartolozzi, that the Building Commissioner and the Law Director be directed to cooperate in drafting an ordinance for Council's discussion concerning the maximum garage size.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

7. SECTION 1181.04(b) PENALTY FOR NOT OBTAINING A PERMIT

At present, there is no penalty for beginning a project without a permit, and the City's only recourse is Court. Most communities have such a penalty

• •Mr. Potterfield wondered how expensive this would be. Mr. Beirne said that in most cases, it would be a moderate penalty. If someone were to start a large project, like an addition without a permit, it could be more expensive.
  
  

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that the Administration draft an ordinance mandating a doubling of the permit fee if construction is begun without a permit.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

8. SECTION 1370.08 RUBBISH AND GARBAGE STORAGE

This recommendation would mandate storage of rubbish and garbage in a location so that they cannot readily be seen from the public view.

• •Mr. Gollinger remarked that he had had numerous calls on this topic. He added that he would like to see a regulation on what time residents may place rubbish out for collection. He felt that it should not be seen from the public view or a neighbor's view.
• •Mr. Matty indicated that these areas are being addressed in the safety sections of the Code by the Safety-Service Director. An ordinance will be brought from that department.
• •Mr. Potterfield pointed out that it is not always possible to cut grass the day before garbage collection. It is necessary to store yard waste, and it is not always practical to place it in the garage. The same is true of leaves. Mr. Beirne noted that his recommendation is for rubbish and trash, not yard waste.
• •Mr. Matty recommended a newsletter article before implementation of any ordinance of this type to receive public comment and input.

Mr. Beirne suggested that the prohibition remain from public view. On smaller lots, it may not be possible to screen them from the view of any neighbor unless they are placed in the garage, not always a practical matter.

• •Mr. Gollinger suggested that more input is needed, and although he did not wish to delay the topic, he thought it should be revisited at the next Committee-of-the-Whole. There was a general consensus to do so.
  
  

Mr. Potterfield suggested that another committee meeting be scheduled to continue discussion of Ordinance No. 40-05 and the Master Plan, both of which would be returned to Council with the recommendations of the Planning Commission this week. Mrs. Bobst added the question of an application fee for filings with the BZA. It was determined that these matters would be discussed on Monday, June 27 at 7:00 p.m. before Council's legislative meeting.

Although the hour was late, it was decided to complete discussion of the list of recommended changes.

9. SECTION 1179.04(h) OUT-OF-USE AUTOMOBILE/VEHICLE

Mr. Beirne explained that recommendation 9, an updated definition, would no longer be an issue with the adoption of the International Property Maintenance Code.

10. SECTION 1370.13 (g) EXTERIOR AREAS

Adopting his recommendation for this section would prohibit the parking of any vehicle on a landscaped area of a property.

11. SECTION 1163.06(I) BANNERS ARE PROHIBITED

Although banners are prohibited, Mr. Beirne recommended permitting them to new businesses for the first 30 days. The reason for the recommendation is that permanent signs are often not completed when the business opens. Allowing a banner would make sense for this initial period.

• •Committee members noted that more banners are displayed now than are permitted. It was felt that more discussion is necessary for this recommendation.
  
  

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that the Administration move ahead for recommendations 10 and 11 and present them in ordinance form for further discussion.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye

3 ayes 0 nays PASSED

There was no further discussion from committee members, and following a motion by Mr. Potterfield, seconded by Mr. Gollinger, and a unanimous affirmative vote, the meeting was adjourned at 8:05 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. These minutes may be revised or amended at the next Legislative Meeting.