DRAFT

CITY OF ROCKY RIVER

JULY 25, 2005

Regular meeting of Council was called to order by Mr. Hurtuk, President Pro Tem of Council, at 8:00 p.m.

Council Members Present: Mr. Gollinger, Mr. Potterfield, Mr. Frost, Mr. Hurtuk,

Mrs. Bartolozzi, Mr. Hagan,

Absent: Mrs. Bobst

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

Law Director: Mr. Matty

Press: Mrs. McKenzie, Ms. Payne

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

Before the legislative agenda, the Mayor read and presented a Mayoral proclamation to Alec Goecke, a junior at Rocky River High School whose heroic actions as a lifeguard saved a young woman caught in the undertow at Wagar Beach. The audience was impressed and gave Mr. Goecke a standing ovation.

The Mayor then presented Beautification awards to residents whose gardens and landscaping were judged to be the best in residential categories:

Front yard landscape/garden, owner maintained - Susan & Tom Sessions, 21130 Kenwood

Landscape/garden (total property), owner maintained - Gail & Bruce Scott, 22034 Cottonwood

Landscape/garden, senior citizen (65+) - Ruth & Welton Regula, 1713 Northview

Best vegetable and/or herb garden, owner maintained - Carolyn & John Rowland, 20250 Kramer

Best condo landscape/garden, owner maintained - Marge & Dick Garrett, 33 Hidden Valley

Best theme garden, owner maintained - Ann Coyne, 20881 Beaconsfield

Winners were presented with Mayoral proclamations and specially designed hand made fired-clay plaques.

A new reporter covering Rocky River from the West Life newspaper, Michelle Payne, was introduced.

MOTION:

Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the reading of the minutes of the Legislative Meeting and Executive Session of July 11 and the meeting of the Committee-of-the-Whole of July 18 be waived and that the minutes be accepted as submitted.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

6 ayes 0 nays PASSED

MAYOR'S REPORT:

Mayor Knoble thanked Mr. Hagan for joining with him and Mr. Linden in an inspection of the Rocky River Post Office property on Hilliard. Upon close examination, they felt that it looks worse than it does from the street. The arborvitae are old and overgrown and intertwined with weeds and vines. The Mayor reported a total lack of maintenance. After touring, they had a productive meeting with the branch manager. The City will wait a reasonable time to see what action is taken.

There was a power outage today, so the new folding stop signs at Wagar and Detroit were tested. They seemed to be working well. With the possibility of more outages looming, the Administration will step up its program to install more folding stop signs. The Mayor encouraged senior citizens with power outage related issues to call City Hall, and insofar as possible, the City will try to come to their assistance. This assumes, of course, that the power is not out at City Hall. A backup generator will be part of the Don Umerley Civic Center expansion.

Last Saturday an incident occurred which could have been a tragedy. A car with three teens inside went airborne as it crossed the railroad tracks at a high rate of speed at Morewood Pkwy. It subsequently flipped and crashed into parked cars. Because the hump going to the railroad crossing is steeper on Morewood than on Wagar or Elmwood, the Administration is investigating options to make the area safer. The City is permitted under the ORC to erect a stop sign at the railroad crossing. That might penalize residents by making everyone stop. However, smoothing or tunneling is too expensive and some solution is being sought to insure the safety of nearby residents.

LAW DIRECTOR'S REPORT:

Mr. Matty has received the 82^nd monthly report from Norfolk-Southern. For the month of June, an average of four trains per day have passed through the City.

A revised Ordinance No. 115-05, granting the City a permanent easement for the Murphy property for storm sewer purposes, has been distributed for inclusion on this evening's agenda. The current location for repair work is shown in Exhibit "A"; a relocation easement in Exhibit "B". If this is adopted, Ms. Murphy will make this a supplement to the purchase agreement for her property so that expansion is possible via a second or third floor, but no additions which require digging will be possible because of the location of the storm sewer. Ms. Murphy has signed the agreement. Passage this evening was requested so that repairs can be made in August.

• Mr. Gollinger pointed out that $20 was mentioned in the title and $10 in Exhibit "A". Mr. Linden said that there were two easements.
  
  
  
  

COMMITTEE REPORTS:

Planning, Zoning and Economic Development: Mr. Potterfield reported that his committee had met this evening for a final review of the Master Plan. The committee voted to move forward and return the plan to Council.

• •Also on the agenda was a review of Ordinance No. 86-05. The committee recommended passage with an amendment to Council.
• •Finally, Mr. Koran discussed the potential review of cluster developments in single-family districts, offering a variety of approaches as opposed to the present policy of allowing cluster development virtually anywhere in the City.
  
  
  
  

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

MOTION:

Moved by Mr. Hurtuk, seconded by Mr. Hagan and Mr. Potterfield, that the 72-hour rule of notification be suspended and that Ordinance No. 115-05 be placed on the agenda for this evening.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

6 ayes 0 nays PASSED

There were no requests from Council members for changes to the Consent Agenda.

AUDIENCE PARTICIPATION: NONE

RESOLUTION NO. 133-04 BY EARL W. POTTERFIELD

A RESOLUTION ADOPTING A COMPREHENSIVE GENERAL PLAN KNOWN AS THE ROCKY RIVER MASTER PLAN

The Master Plan has now passed out of committee. A public hearing has been scheduled for September 6 at 7:00 p.m. in the David J. Cook Council Chambers. Mr. Hurtuk suggested that the Clerk draft a letter of thanks to members of the Planning Commission for their participation in the review of the Master Plan. Their thorough review, well organized, made Council's job much easier. Mr. Potterfield concurred.

MOTION:

Moved by Mr. Potterfield, seconded by Mr. Hagan, that Ordinance No. 86-05 be amended according to the recommendations of the Planning Commission and the Planning, Zoning and Economic Development Committee, increasing the maximum lot coverage in classifications TH-R3 through MF-R5 from 25% to 30%.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

6 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 86-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1143.03, ENTITLED "SCHEDULE OF AREA, YARD AND HEIGHT REQUIREMENTS", OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, AND AS FURTHER DESCRIBED IN EXHIBIT "A"

2^ND READING

Mr. Potterfield indicated that this ordinance, read for the second time this evening, would be available for passage in September.

ORDINANCE NO. 91-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1141.04(a)(1) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "GARAGE AND PARKING FACILITIES (STANDARD)", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

This ordinance has been referred to the Planning Commission. Mr. Potterfield indicated that he is waiting for their approved minutes.

ORDINANCE NO. 92-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1141.04(b)(8) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "YARD LANDSCAPE FEATURES (STANDARD)", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

See discussion for Ordinance No. 91-05.

ORDINANCE NO. 93-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1151.05(a)(2)B4 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "GENERAL BUSINESS DISTRICT", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

See discussion for Ordinance No. 91-05.

ORDINANCE NO. 94-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1179.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "AUTOMOTIVE USES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

See discussion for Ordinance No. 91-05.

ORDINANCE NO. 95-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1181.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "ENFORCEMENT", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

See discussion for Ordinance No. 91-05.

ORDINANCE NO. 96-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE BY AMENDING SECTION 1370.01 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "DEFINITIONS", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

3^RD READING

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 96-05 be passed as read:

Discussion: This ordinance is one of several generated by the Building Department to update parts of the Code. It has been reviewed by the Planning, Zoning & Economic Development Committee.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 97-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE SUBSTITUTING A NEW SECTION 1370.03 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "CONFLICT WITH OTHER ORDINANCES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

3^RD READING

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 97-05 be passed as read:

Discussion: This also is an update to the Code recommended by Mr. Potterfield's committee.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 98-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1370.08 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "RUBBISH AND GARBAGE STORAGE AND DISPOSAL", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

Mr. Potterfield indicated that this ordinance will be discussed in conjunction with other Code updates in Ordinances 112-05, 113-05 and 114-05. It will be held for discussion at the next Committee-of-the-Whole.

ORDINANCE NO. 99-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1370.13 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "EXTERIOR AREAS", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

3^RD READING

Moved by Mr. Potterfield, seconded by Mr. Gollinger, that Ordinance No. 99-05 be passed as read:

Discussion: This is another ordinance reinforcing the Building Maintenance Code.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 106-05 BY BRIAN A. HURTUK

AN EMERGENCY ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2005 AND TO AMEND ORDINANCE NOS. 22-05 AND 57-05

1^ST READING

Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that Ordinance No. 106-05 be read on three separate days be suspended, and that Ordinance No.106-05 be placed upon its passage:

Discussion: Mr. Hurtuk explained that this is a housekeeping ordinance which needs to be passed before the August recess.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

6 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that Ordinance No. 106-05 be passed as read:

Discussion: Mr. Thomas explained that the most significant changes in appropriations were additional funds for the road paving program. Other changes were because of fuel costs, both natural gas and vehicle fuel, which are difficult to predict. Mr. Hurtuk added that although more funds were allocated for some accounts, additional revenue meant that other accounts were not hurt.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

6 ayes 0 nays PASSED

ORDINANCE NO. 110-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1141.04(a)(1) OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "GARAGE AND PARKING FACILITIES (STANDARD)", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

This ordinance was read once and will be referred to the Planning Commission.

ORDINANCE NO. 111-05 BY EARL W. POTTERFIELD

AN EMERGENCY ORDINANCE AMENDING SECTION 1179.04 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, ENTITLED "AUTOMOTIVE USES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

This also will be referred to the Planning Commission.

ORDINANCE NO. 112-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AMENDING SECTION 941.02 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "RULES AND REGULATIONS" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

Mr. Gollinger explained that this ordinance and the two which follow are the result of many complaints to the Building Department. That department followed with specifics to follow up. This ordinance pertains to when garbage can be placed out for pickup. Mr. Gollinger read the applicable sections from the ordinance. It will be discussed further at the next meeting of the Committee-of-the-Whole following the recess, and Mr. Gollinger encouraged public comment before he calls for a vote in September.

ORDINANCE NO. 113-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AMENDING SECTION 941.06 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "SPECIAL ITEMS AND EVENTS" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

See discussion for Ordinance No. 112-05. This ordinance explains regulations concerning collection of recyclables.

ORDINANCE NO. 114-05 BY FRANK B. GOLLINGER

AN EMERGENCY ORDINANCE AMENDING SECTION 941.07 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "PACKAGING, BUNDLING AND OTHER STANDARDS" AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT "A"

1^ST READING

See discussion for Ordinance No. 112-05. This ordinance explains regulations for packaging garbage, rubbish and newspaper. It further prohibits medical waste containing radioactive products which has caused a problem at the landfill.

MOTION:

Moved by Mr. Hagan, seconded by Mr. Frost and Mrs. Bartolozzi, that Ordinance No. 115-05 be amended as to the amount, from $20 to $10 in the title and the body of the ordinance.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

6 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 115-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE ACQUIRING A PERMANENT EASEMENT FOR STORM SEWER PURPOSES LOCATED ON AUDITOR'S PERMANENT PARCEL NUMBER 302-12-045 AT AN ACQUISITION COST OF TEN DOLLARS ($10.00)

1^ST READING

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that the rule requiring that Amended Ordinance No. 115-05 be read on three separate days be suspended, and that Amended Ordinance No.115-05 be placed upon its passage:

Discussion: This ordinance is related to Ordinance No. 109-05 and will allow the City to repair a storm sewer by approving this necessary easement. It should not be delayed so that repair can be made in August.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

6 ayes 0 nays PASSED

Moved by Mr. Hagan, seconded by Mrs. Bartolozzi, that Amended Ordinance No. 115-05 be passed as read:

Discussion: See discussion above.

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

6 ayes 0 nays PASSED

ORDINANCES AND RESOLUTIONS UNDER CONSENT:

ORDINANCE NO. 104-05 BY BRIAN F. HAGAN

AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO PURCHASE VEHICLE MAINTENANCE PARTS FOR THE CITY OF ROCKY RIVER FOR A TWO (2) YEAR PERIOD FROM LAKEFRONT AUTOMOTIVE PARTS, INC AT A COST NOT TO EXCEED $25,000 PER ANNUM

1^ST READING

This ordinance provides for an ongoing City expense. There was only one bidder, the same provider who traditionally provides the best price.

ORDINANCE NO. 105-05 BY LINDA S. BARTOLOZZI

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO SELL (1) USED POLICE CAR, ONE (1) USED 15 PASSENGER VAN AND ONE (1) USED FORD TAURUS - ALL NO LONGER NEEDED FOR CITY USE WHICH WERE PUBLICLY BID ON JULY 14, 2005 FOR A TOTAL SUM OF $10,553.01

1^ST READING

This ordinance will allow the City to sell City vehicles which are no longer needed.

RESOLUTION NO. 107-05 BY BRIAN A. HURTUK

AN EMERGENCY RESOLUTION ACCEPTING THE ALTERNATIVE TAX BUDGET INFORMATION OF THE CITY OF ROCKY RIVER, OHIO FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2006

1^ST READING

This ordinance will allow the City to adhere to reporting requirements. The due date is the end of July.

ORDINANCE NO. 108-05 BY PAMELA E. BOBST

AN EMERGENCY ORDINANCE AMENDING SECTION 953.02 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER ENTITLED "FEES", AND AS FURTHER DESCRIBED IN EXHIBIT "A"

1^ST READING

This ordinance provides for adjustments in fees at the City's ice rink which have been approved by the Parks and Recreation Commission.

ORDINANCE NO. 109-05 BY BRIAN F. HAGAN

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH UNITED SURVEY, INC. FOR EMERGENCY REPAIR OF A PUBLIC UTILITY / STORM SEWER AT A COST NOT TO EXCEED $23,508.00 AND DECLARING AN EMERGENCY

1^ST READING

This ordinance will repair a 24" storm sewer. The homeowner has agreed to the easement which was passed this evening.

Moved by Mr. Hurtuk, seconded by Mr. Hagan, that the rule requiring that the ordinances and resolutions on the Consent Agenda be read on three separate days be suspended, and that the stated ordinances be placed upon their passage:

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hagan - aye

6 ayes 0 nays PASSED

Moved by Mr. Hurtuk, seconded by Mr. Gollinger, that the ordinances and resolutions of the Consent Agenda be passed as read:

Vote: Gollinger - aye Potterfield - aye Frost - aye

Hurtuk - aye Bartolozzi - aye Hurtuk - aye

6 ayes 0 nays PASSED

MISCELLANEOUS BUSINESS:

Mr. Hagan reported that the home on the corner of Bonnie Bank and Wooster with the blue tarp on the roof is in foreclosure, and as recently as July 7, the sheriff has been ordered to sell it.

AUDIENCE PARTICIPATION:

Fred I. Sokol, 20021 Parkview read a request for information from the City. He asked if the City of Rocky River picks up garbage, trash or refuse from Lutheran West High School. He further asked for copies of the bills and payment receipts for such services from January 2000.

• •Mayor Knoble responded to Mr. Sokol's question by stating that the City does not charge Lutheran West for pickup of trash which has been packaged according to the City's standards, as it does not charge any other Rocky River property owner.
  
  
  
  

Elizabeth W. Skryzmoski, 313 Riverdale asked if, by definition, recreational vehicles include boats. She pointed out that in the Yacht Club Basin there are areas in which, due to the results of lawsuits, where storage of a boat is legal, that special privileges of storage were won.

• •Mr. Matty stated that the definition of a recreational vehicle includes a boat, but said that it may not be a question of definition, but of enforcement.
• •In response to Mrs. Skryzmoski's further comments, the Mayor noted that neither he nor his predecessors, Mayor Umerley or Mayor Martin, had enforced parking regulations as to boats in the Yacht Club Basin because of the unusual nature of the area. He has no intention of changing that policy.
  
  
  
  

Mr. Hurtuk thanked all those in attendance and reminded them that there will be no scheduled meetings in the month of August, although Council members may be available by mail, e-mail or telephone. He indicated that the first regularly scheduled meeting in September will not be on the first Monday because of Labor Day, but on Tuesday, September 6.

As there was no further business by members of Council, the meeting was adjourned at 9:05 p.m.

_______________________________ _______________________________

Brian A. Hurtuk Misao Kurokawa

President Pro Tem of Council Clerk of Council

Please note: This is a draft copy of the minutes of the Legislative Meeting of July 25, 2005. These minutes may be revised or amended at the next Legislative Meeting.

DRAFT

CITY OF ROCKY RIVER

JULY 25, 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 7:00 p.m. in the David J. Cook Council Chambers.

Planning, Zoning and Economic Development Committee Members Present:

Mr. Potterfield, Mrs. Bartolozzi, Mr. Gollinger, Mr. Hurtuk

Council Members present: Mr. Hagan, Mr. Frost

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

Law Director: Mr. Matty

Press: Mr. Dzurick, Ms. Payne

The meeting was being recorded by a resident. Mr. Potterfield indicated that three items were on the agenda and began with the proposed Master Plan. He noted the presence of Mr. Koran, the City's Economic and Community Development Director, and asked for his comments. Mr. Koran briefly reviewed the process which had brought the discussion to this point, including the discussion and summary by the Planning Commission. He added that the next step is up to Council.

Mr. Potterfield remarked that in spite of numerous meetings held by Council and the Planning Commission, there has not been a great deal of public comment. After his committee completes its review, the plan will return to Council as a whole with a Public Hearing scheduled for September 6 at 7:00 p.m.

• •Mr. Gollinger agreed, saying that although there were a number of residents present during the presentation, there has been little public comment following that period. He observed that this may also indicate a lack of major dissent, and noted that it is important to have the plan in place. He felt that the Planning Commission did a fine job and put a lot of thought and effort into its review.
  
  
• •Mrs. Bartolozzi agreed that the Planning Commission did a good job, working through the process and evaluating each section. She said that she favors moving the process forward.
  
  
• •Mr. Potterfield added that the Planning Commission held lengthy proceedings on all aspects, recommending some changes. He thought the most telling part of their review was the conclusion and summary in which they expressed their view that the plan is an idea, a group of ideas, or a starting point. Everything in the plan will not be done; it should be flexible. He feels this is their most important point. The City is a little more than 100 years old. In another hundred years, he wondered what the City would be like, adding that he hopes that Rocky River will retain its identity as a good community in which to raise a family, a community helpful to residents of all ages with good recreation and senior programs and a provider of good City services. Questions remain as to whether or not the City can support all the recommended development through its infrastructure, i.e. roads, water, sewer, safety services etc. It is not in the scope of this study, however, to conduct traffic studies or any of these specific assessments.
  
  
• •Mr. Hurtuk suggested that the Committee might be ready to move forward and refer the plan back to Council as a whole.
  
  
• •Mrs. Bartolozzi agreed with Mr. Hurtuk, saying that all may have reservations because the Master Plan is not "set in stone", but is rather a guideline, and it is not relevant to resolve every problem at this point. When projects come up, they can be evaluated with more information. This document can point in the direction of where the City thinks it wants to go. As life changes, things may need readjustment and can be discussed then at a later date. All considerations need not be answered before moving forward.
  
  
• •Mr. Gollinger agreed with Mr. Potterfield about the nature of our community. He indicated that the plan may stimulate developers to think about projects which are economical for them and good for the City. He feels that the plan is diverse enough for everyone. He would like to see the general concept in place so that the City, through its Economic and Community Development Director, can move forward. He agrees that it is time to bring the plan before Council as a whole.
  
  

Moved by Mr. Potterfield, seconded by Mr. Hurtuk, that the Master Plan be forwarded to Council as a whole for consideration and passage.

Discussion: Mr. Potterfield wondered if adopting the Master Plan would lock in and codify its recommendations.

• •Mr. Hurtuk commented that he sees the plan as a vision, not a document to be codified.
• • Mr. Hagan felt that this motion would only move the legislation out of committee and back to Council. This will give all seven Council persons an opportunity to discuss it and move forward.
• •Mrs. Bartolozzi felt that the committee has already discussed the plan thoroughly and that it is time to turn it over to Council to evaluate. If there is a question, the Law Director can be consulted.
• •Mr. Gollinger pointed out that in order to implement the plan, zoning must, in many cases, be changed. Council will have further input at that time.
• •Mr. Frost noted that Council will have further discussion opportunities, and he recommended that the Committee return it to Council as a whole.

Vote: Potterfield - aye Bartolozzi - aye Gollinger - aye Hurtuk - aye

4 ayes 0 nays PASSED

The next topic, Ordinance No. 86-05, is an ordinance which will increase the maximum lot coverage to 25% for townhouse and some multi-family applications. It was reviewed by the Planning Commission at its last meeting and unanimously recommended to Council for passage. Further, the Commission recommended that Council consider 30% instead of the proposed 25%.

• •Mr. Koran came forward to explain that he had presented figures from other communities regarding building coverage. Three or four have more progressive policies, such as Solon, Shaker Heights, Westlake and Strongsville: Solon, 33%, Westlake 20% to 30%, Strongsville, 30% and Shaker Heights has no building coverage restriction, allowing other criteria such as setbacks, density, open spaces, etc. determine the coverage. Asked for his recommendation, Mr. Koran said that he would agree with Mr. Bishop of the Planning Commission that 30% would be best, but that 25% would be livable. One major factor which has led to increased coverage is the popularity and demand for first floor master suites. He pointed out that even if the 25% were in place, Hamlets East and West, which are true empty nester developments, both have first floor master suites and would have required a variance with 26% and 27%. He pointed out that his recommendation of 30% would still regulate development through setback rules, building height, density, lot width open spaces, etc.
  
  
• •Mrs. Bartolozzi asked if having a maximum of 30% would lead developers to request variances for even higher coverages. Mr. Koran stated that he would like to set a limit. He believes that current and future boards would keep the maximum at 30%.
  
  
• •Mr. Potterfield asked if increasing the maximum lot coverage would also increase density. Mr. Koran said that it would not because Section 1143 is a separate section which limits density. This ordinance is concerned only with lot coverage, necessitated by demand for first floor master suites, nonexistent when codes were first written.
  
  
• •Mr. Gollinger commented that this is an issue which has been raised often by residents who want to remain in the City, but for health reasons require a first floor bedroom and cannot be accommodated.
  
  
• •Mayor Knoble pointed out that the minutes of the Planning Commission reflect the tenor of the meeting. With no suggestions from the Administration, members of the Planning Commission voted unanimously to recommend not only the 25% maximum, but further, to recommend that Council consider a maximum of 30%.
  
  
• •Mr. Potterfield asked about cluster housing, pointing out that its goal was to keep an aging population in the City. He asked Mr. Koran if the City has any idea how many buyers are already residents of the City. Although Mr. Koran and the Mayor both had anecdotal evidence, there have been no statistics gathered as yet. Mr. Koran will poll developers to see if this information is available.
  
  
• •The Mayor suggested that Rocky River does have wonderful ranch neighborhoods on Orchard Park, Peachtree, Berry, etc. There are great homes with one-floor living. If homeowners hire someone to maintain the landscaping and shovel snow, this could be a very good alternative. He indicated that he and Mr. Koran have discussed the possibility that the Economic Development department could create and maintain a list of possibilities.

Moved by Mr. Gollinger, seconded by Mrs. Bartolozzi, that at the prompting of the Planning Commission, the Committee recommend to Council that Ordinance No. 86-05 be amended to raise the maximum lot coverage limit to 30%.

Vote: Potterfield - nay Bartolozzi - aye Gollinger - aye Hurtuk - aye

3 ayes 1 nay PASSED

The final topic, cluster development in single family districts, was brought to the Committee's attention by Mr. Koran. He commented that in the course of his work, he has reviewed many city codes, but has never encountered one similar to our City's with regard to permitting attached or detached cluster housing in single family districts.

The ordinance appears to have been created in 1973, and over the last 30 years, the City has seen development in areas not seen in the past. Mr. Koran feels that it may be time to review this policy and has brought it to Council's attention. He pointed out that with no minimum frontage, a developer who obtains a large enough parcel or a sufficient number of individual parcels can propose cluster housing more dense than permitted in single family districts. In looking at the City's parcel map, he noted that streets such as Beachcliff, Frazier, Lake Road, Lakeview, Wagar, Erie, Avalon, Whittlesay and those that abut the valley such as El Dorado or Macbeth, among others, which are currently classic single family streets could have cluster housing developments if developers are able to assemble enough pieces of property. He asked if Rocky River, as a community, really wants that impact on its neighborhoods. The Master Plan considers nine focus areas, primarily commercial rather than residential. City Architecture, which produced the plan, was surprised that the City permits this type of development.

In Rocky River, most vacant land has been developed, and the City now faces the prospect of redevelopment. In considering the question of what to do about this situation, several options are possible:

• The City could permit cluster housing only in areas properly zoned for clusters, creating another zoning.
• More restrictions and tougher restrictions could be imposed on cluster redevelopment. Present regulations are few. A minimum frontage of 100' or 200' is required in some communities.
• Cluster developments could be permitted only with Council approval.
  
  

There may be other alternatives, and Mr. Koran urged Council members to consider the issue and possibilities over the recess.

• •Mr. Potterfield praised Mr. Koran's comments. He wondered if one of these possibilities is preferable to others.
• •Mr. Hurtuk felt that this is a very timely topic and asked Mr. Koran to prioritize several considerations for Council discussion.
• •Mr. Gollinger commented that he is not comfortable with Council approval of cluster applications. He suggested that the creation of cluster development areas could be more workable and thought that Mr. Koran might be able to suggest areas where it might be logical.
• •Mr. Koran mentioned that some communities have overlay zoning where more than one type of development is permitted. This would not change existing zoning districts. It would allow the City to permit cluster housing in some single family districts and exclude it in others.
• •Mr. Hurtuk requested that Mr. Koran prepare several talking points, perhaps with a map and information from other communities.
• •Mr. Gollinger requested that it show where cluster housing is currently located and where there are large lots.
• •Mr. Potterfield suggested that cluster housing may be more appropriate in multi-family districts than single family.
• •

There was no further discussion from committee members. Following a motion by Mr. Potterfield, seconded by Mr. Hurtuk, and a unanimous affirmative vote, the meeting was adjourned at 7:48 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 meeting of the Planning, Zoning and Economic Development Committee of July 25, 2005. These minutes may be revised or amended at the next Legislative Meeting.