CITY OF ROCKY RIVER

DECEMBER 7, 2009

The Committee-of-the-Whole was called to order by Mr. Moran, President of Council, at 8:48 p.m. following the Public Hearing for Ordinance No. 58-09.

Council Members Present: Mr. Hunt, Mr. Mylen, Mr. Furry, Mrs. Arabian Whitman

Mr. Long, Mr. Moran

Absent: Mr. Shepherd

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Press: Ms. Toth

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

Mayor Bobst thanked those who participated in last week's festivities, beginning with the tree-lighting. She mentioned employees Jim Umerley, Emil Rosol and Fred (the Elf) Hobson who all assisted with the Christmas lights. She also thanked the Rocky River Jr. Women's Club, River's Edge, the high school, the Senior Center volunteers and staff, Key Club and members of the Service Department among others.

• •The decorations and setting at the Senior Center were so professional and warm that the Mayor indicated that comments were received from people concerned about the expense of purchasing decorations in this challenging economy. She explained that these decorations were done by volunteers with a little help from staff and were hand made from cardboard, milk jugs, paint, paper and other inexpensive materials. In addition, donations of decorations were received from the Ritz-Carlton, Lake Erie Plastics, and downsizing seniors; many other materials were recycled from past years, made in craft classes or by other civic organizations.



• •The Holiday Walk was another successful event last weekend and was sponsored by Detroit Road merchants, continuing the Candy Land theme.

• •The home tour sponsored by Jr. Women's Club followed on Sunday. This, too was very successful.

A drug use prevention grant has been awarded to the City totaling approximately $23,000 and will be used to underwrite the services of the DARE officer and other drug prevention work being done in the schools. The Mayor thanked the Attorney General's office.

Concerning outside funding for some of the largest projects, the Mayor gave the following update:

• •In late September, an application was submitted to DOPWIC (District One Public Works Integrating Committee) for assistance with the Frazier Sanitary Sewer Improvement project. The Mayor was pleased to announce that the preliminary rankings place the City in the contingency category. The City is requesting a 70% zero interest loan, and she is hopeful that additional review may move the City into the funding range. She thanked Director Linden's office, especially Mrs. Costello and Mr. Mackay's office for assembling requested materials which were forwarded.



• •A $7.8 million project was submitted through Congressman Kucinich's office for the Lakeview-Hampton area sanitary sewer overflow. The City is working with the EPA on this project and funds under this program are distributed by the Army Corps of Engineers. Two sources of funding deal with environmental infrastructure, 594 funds and 219 funds. The Mayor suggested that after the first of the year, the Environmental Committee meet to discuss the US EPA pending findings and orders together with the City's action. The application has been accepted and will be forwarded to the Transportation and Infrastructure Committee. The project is for both design and construction and is a 75/25 split with the City having a local 25% match. With 594 funds, the City is credited for work already done, including design, construction and dye-testing of homes. On tonight's agenda are several agreements with URS for work which would qualify as part of the City's match if 594 funds were to be awarded.



• •An $11.2 million project was also submitted through Congressman Kucinich's office which will go to the same committee but is for infrastructure projects including the reconstruction of Detroit Road and economic revitalization. The City is hoping for word following the first of the year.

A productive meeting was held with ODOT about the second phase of the Lake Road project on Friday. Under the new timeline, information will be due from the City on January 25. This would allow for a construction award on April 29 and construction could then commence on the intersection at Elmwood and the major reconstruction of the sewers and roadway from the clock tower east to Linda Street. This is a tight schedule, and the Administration is busy with the steps necessary for this project to move forward. Mayor Bobst cited the need to communicate effectively with residents, property owners, business owners, and parents and schools (Kensington is in the midst of the project). Meetings will be scheduled to disseminate all necessary information. The project must move as efficiently as possible, keeping major disruptions, such as one-way traffic, to a minimum. The Mayor reminded everyone that ODOT is in control of the project and will be in charge of construction so their deadlines must be met.

Spreaders and plows are ready; two leaf trucks continue to be on the road.

The apron snow plowing program is also preparing to be implemented, with stakes marking participating driveways being placed by the contractor. At present, 62 residents have enrolled in the program, but the Mayor anticipates a total of about 100 by the time the program is finalized.

Finally, the Mayor requested an Executive Session under Article X, Section 6, Subsection (3) to discuss an imminent court action.

MOTION:

Moved by Mr. Moran, seconded by Mr. Long, that, at the request of the Mayor, an Executive Session be held before the close of the meeting to discuss a matter of imminent court action under Article X, Section 6, Subsection (3) of the Charter.

Vote: Hunt - aye Mylen - aye Furry - aye

Arabian Whitman - aye Long - aye Moran - aye

6 ayes 0 nays PASSED

UNFINISHED BUSINESS:

Ordinance No. 48-09: Mr. Long indicated that this ordinance, which authorizes the adoption of an updated Development Code, will be reviewed at the December 15 meeting of the Planning Commission.

Ordinance No. 58-09: Mr. Long reported that a Public Hearing for this change of zoning on Plymouth Road was held this evening. He noted that the consensus of Council was that the ordinance be amended to designate an Office zoning in place of General Business.

Ordinance No. 85-09: This ordinance authorizes appropriations for the coming year. To continue the process, a meeting of the Finance Committee has been scheduled for Friday morning with the Director Thomas, Chief Wagner, Chief Flynn, Director Calladine, Superintendent Harrington, and Court representatives in attendance. On Monday evening, Director Patterson, Commissioner Winterich and Director Linden will attend to discuss their departmental budgets. Friday's meeting is scheduled from 8:30 a.m. until noon, although business may be concluded at an earlier time. Mr. Moran projects the third reading of the ordinance on December 28.

MISCELLANEOUS BUSINESS: NONE

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 86-09: Mr. Hunt noted that this ordinance and two which follow are ordinances which authorize contract options for the renewal of insurance coverages for the third year of a three-year contract. For this ordinance which provides for the City's insurance, last year's cost was slightly less. Mr. Linden explained that the rate has remained the same, but there are additional vehicles in the City's fleet. (Consent Agenda)

Ordinance No. 87-09: As above, this is a renewal for the third of a three-year contract for insurance, this one for the WWTP. The amount spent is identical to last year's. (Consent Agenda)

Ordinance No. 88-09: This renewal is for insurance coverages for the Municipal Court. This is the final year of a three-year contract. (Consent Agenda)

Ordinance No. 89-09: Mr. Hunt noted that this is a housekeeping ordinance which authorizes the Administration to sell used City vehicles, publicly bid, which are no longer needed for a municipal purpose. He noted that Council has received a breakdown of the bids for the vehicles being sold. Funds received offset future expenditures. (Consent Agenda)

Ordinance No. 90-09: Mr. Hunt indicated that this ordinance authorizes a contract for another year with Life Force Management as provider for billing for ambulance services. This contributes more than $300,000 to future purchases and maintenance of the fleet. Fee schedules will remain the same. The Mayor explained that fee schedules were passed by Council to be consistent with those of members of the West Shore Council of Governments as well as Central Dispatch communities. This is a one-year contract because when the City and the company are on line and incident reports can be sent electronically, there will be a reduction in the administrative costs charged by Life Force. Responding to a question from Mr. Furry, the Mayor explained that River residents are not billed for ambulance services, but their insurance companies are responsible for costs. (Consent Agenda)

Ordinance No. 91-09: This ordinance, authorizing a contract with URS for technical services, was explained by Mr. Hunt as being in keeping with long-term goals of maintaining and improving the City's sewers and capacity. These services are necessary to meet EPA requirements to address future sanitary sewer overflows. The Mayor added that the report needs to be forwarded by mid-January before the next conference call in early February. This will provide background documentation for issues to be discussed at the meeting. (Consent Agenda)

Ordinance No. 92-09: This ordinance authorizes another contract with URS, this one regarding the sewer flow and leasing equipment to monitor the flow. Mr. Hunt added that none of the three ordinances has a bid requirement because of the specialized nature of these services. URS has been engaged previously and the City is pleased with their services. EPA mandates are also a factor in this work. (Consent Agenda)

Ordinance No. 93-09: This final agreement with URS authorizes dye-testing with reference to the Lakeview-Hampton area sewers and the long-term goal of eliminating the overflow on Westway. Mr. Hunt noted that mains must be checked for damage, and this is a specialized service provided by URS. (Consent Agenda)

Resolution No. 94-09: Mr. Moran explained that this resolution, together with Resolution No. 97-09 request that the funds collected on the City's behalf by the County be forwarded at the beginning of the year. This has been done for the last ten years. If not requested, funds will be held by the County and be received by the City in 182 days. (Consent Agenda)

Ordinance No. 95-09: This wage ordinance amends an earlier one passed before the end of last year. These changes affect 2009 wages. Mr. Moran outlined the changes made:

• •The Police Division has eliminated the category of Captains.
• •Provisions have been made for a temporary fire fighter.
• •The $300 stipend for the Civil Service Secretary which was in the ordinance but never accepted has been eliminated.
• •The Marine Patrol, scheduled by Sgt. Gulas, will have consistency with the Fair Labor Standards Act with the addition of an overtime calculation formula so that the City is in compliance.

Ordinance No. 96-09: This is the 2010 wage ordinance and will be discussed in the context of the budget during the committee meeting. The Mayor added that the amendments in Ordinance No. 95-09 will be carried forward in future wage ordinances. This ordinance represents a 2½ % increase across the board as agreed to in negotiations with bargaining units as well as general employees and includes an adjustment that would have been in last year's budget for the Director of Safety-Service and the Director of Finance.

Resolution No. 97-09: See discussion for Resolution No. 94-09. (Consent Agenda)

COMMUNICATIONS AND ANNOUNCEMENTS:

Mrs. Arabian Whitman announced that the Magnificat Cross Country Team, of which she is the coach, completed over the weekend at a national meet in Portland, Oregon and placed fifth in the nation. This is the best showing by any Ohio school in a national competition. Mrs. Arabian Whitman explained that this is the only national competition for any sport in Ohio. (Other championships are based on rankings.) Her top competitor placed eighth overall in the country.

Mr. Furry announced that he had received the third quarter Noise Compatibility Report from Hopkins Airport. Rocky River placed the second highest number of calls to the Noise Hotline with 109 calls during the quarter. Cleveland had the most with 131. Mr. Furry commented that residents are utilizing the 216 898 5520 noise hotline.

Mr. Moran congratulated Rocky River High School which presented a hit play, The 25^th Annual Putnam Spelling Bee. He said that Mrs. Garver did a great job.

• •He also said the tree lighting went very well.
• •Finally, he recounted his visit to the Welsh Home honoring the installation of a new bench in front. He and Ms. Toth of the WestLife were then treated to a tour of the facility which he described as "unbelievable" during which he received a presentation of their history. They are enlarging their facility adding many new beds. Mr. Moran commented that the caring people there are incomparable. He thanked them for installing the new bench and stated his pleasure in having this facility in the City.

As there was no further business by members of Council, Mr. Moran announced that Council would move into Executive Session.

No further business was discussed, and the meeting was adjourned following the Executive Session at 9:56 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council

CITY OF ROCKY RIVER

DECEMBER 7, 2009

PUBLIC HEARING - ORDINANCE NO. 58-09

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF

CERTAIN REAL PROPERTY KNOWN AS AUDITOR'S PERMANENT

PARCEL NO. 303-23-037 FROM ITS PRESENT CLASSIFICATION OF

SINGLE FAMILY RESIDENTIAL (R-1, F-1) TO GENERAL BUSINESS

(GB), IN ITS ENTIRETY AS FURTHER DESCRIBED IN EXHIBIT "A"

The Public Hearing for Ordinance No. 58-09 was opened by Mr. Moran, President of Council, at 8:00 p.m.

Council Members present: Mr. Hunt, Mr. Mylen, Mr. Furry, Mrs. Arabian Whitman,

Mr. Long, Mr. Moran

Absent: Mr. Shepherd

Administration: Mayor Bobst, Mr. Linden

Law Director: Mr. Bemer

Press: Ms. Toth

Mr. Moran called upon Mr. Long, Chairman of Council's Planning and Zoning Committee.

Mr. Long explained that this Public Hearing had been called to consider Ordinance No. 58-09 which would authorize the rezoning of property known as Parcel No. 303-23-037 located at the north end of Plymouth Road from Single Family Residential to General Business.

AUDIENCE PARTICIPATION:

Jess Rowney, 3 Erin Court: Mr. Rowney noted that his property is adjacent to the parking lot under consideration. He expressed concern about his property value, noting that it has already dropped since two years ago, before he bought it. He also had concerns about lighting and wondered if there are landscaping plans which will create a buffer between the commercial property and his.

Frank Muchlo, 8 Erin Court: Mr. Muchlo also expressed concern about the parking lot and lighting. He said there is currently an issue with Walgreens' lights which are not shielded and are like a spotlight on the houses on the circle. He also said he was concerned about any new security lights which would be erected as well as a buffer between his property and any new development.

• •The Mayor promised to follow up on the Walgreens' light situation.

Dr. Neal Marks, 21360 Center Ridge Road: Dr. Marks has a podiatry practice and would like to build an office building to house only his practice. It is zoned residential and he said, unusual because it is an existing parking lot, and he said it would be unusual to consider building a home on this property because of its proximity to existing businesses. He added that he would want only security lighting and would not be opposed to a buffer between his building.

• •Mayor Bobst noted that the purpose of the hearing was not to review any specific projects, but only to consider the zoning and permitted uses under any zoning classifications. She asked why General Business is being requested when his plans could be fulfilled with an Office or Local Business classification.

Dr. Marks said he wished to keep flexibility in the future. He has a purchase agreement with Walgreens which limits him substantially, providing for no sales of anything that would compete with their business. He noted that this would eliminate the sale of any beauty products, photography, auto dealership or any of many other businesses.

• •Mr. Bemer noted that this was not discussed at the meeting of the Planning Commission. He also wondered if they had communicated with residents of Erin Court for their opinions.

Dr. Marks responded that, to his knowledge, residents were contacted, but some were not at home, and a letter was left for them. He spoke to those who called his office.

• •Mr. Bemer also commented that residents may wish to know that the Planning Commission modified the request with a stipulation that the building would be no more than 1½ stories.



• •The Mayor added that residents are concerned because, in the future, there would be many permitted uses for a large parcel of land zoned General Business. She noted that, as Committee Chairman Long is aware, the issue for Council is the highest and best use of the property and its compatibility with the surrounding zoning.



• •Mr. Mylen asked what would happen if Walgreens were to move and sell its existing property. Dr. Marks said that the agreement is a deed restriction and would continue, but Mr. Bemer said that in that case, the opportunity to modify or remove the deed restriction would exist. The City's focus is on the zoning classification which clearly identifies different uses for this property, and this was also the focus of the Planning Commission. Specifics of this project will be considered at a later date.

Lee Bokar, Bath Ohio: Mr. Bokar is a consultant to Dr. Marks in the building of his project. He explained that the Building Commissioner had explained all the possible zonings which would allow this project to go forward. Mr. Bokar chose General Business which would give them the most flexibility. He noted that the height restriction also would limit the type of building which could be erected on the site and expressed willingness to work with the City in determining which classification would satisfy their needs and the concerns of residents present this evening and other residents of the City.

• •The Mayor reiterated that the concern is not over Dr. Marks' project, but that once the zoning is determined at General Business, it can be sold and could have an impact on abutting residences.



• •Mr. Hunt noted that the three classifications of Office, Local Business and General Business were discussed at the meeting of the Planning Commission and asked if there would be a problem with Local Business or Office classifications.

Mr. Bokar said he would like to have General Business to preserve flexibility, but if Council feels another zoning is a better fit, then they would accept it so that Dr. Marks can begin his building by February 2010. Dr. Marks added that his deadline for purchase of the property is January 4, 2010.

• •Mr. Moran said that the City would like to encourage new businesses, but it is Council's responsibility to see that it is done in a way that residents and other business owners are affected in a positive way. He would like to keep Dr. Marks in the City, but must also look at future applications. He said that a brand new business in that empty lot would be most welcome for the City and good for Dr. Marks. Council would just like to be certain that the zoning is also a positive.



• •Mr. Furry asked if there is an easement which allowed the cut-through to River Oaks which was open for some time. Mr. Bokar said that the plan was to mound and plant trees to screen the view. Dr. Marks said that the title search is complete and has shown no easements of that type.

Dr. Marks asked about the process, having first appeared at the Planning Commission and received approval and now appearing before Council.

• •Mr. Bemer explained that the City's Charter gives the Planning Commission the authority to provide recommendations to City Council which conducts the Public Hearing and has the option to accept their recommendation or to modify it or to make its own determination.

Dr. Marks asked if the zoning, once determined, could be changed in the future and was told that any owner or prospective owner could apply at any time to change the zoning. The City is happy to have this business, but Council's function is to review all aspects of the zoning.

• •Mr. Moran noted that the Master Plan considers the growth of Rocky River, not only in the near future, but for the long run. If conditions warrant, changes in zoning will always be considered.

The discussion which followed included these points:

The concern is that with a zoning like General Business, a fast food restaurant or a business with a drive-through could be established which would greatly impact abutting residential properties. An office zoning would eliminate that concern.

During the zoning review prior to adoption of the Master Plan, recommendations were made to revert some General Business and Local Business zonings to residential so that they did not impinge on residential areas.

The list of permitted uses under any zoning are in the Codified Ordinances which is available on the City's website. Some of these were read by Mr. Bemer. He noted that as the zoning moves from Office to Local Business to General Business, more and different kinds of businesses are permitted in each classification.

Mr. Mylen asked if an Office zoning would allow this project to go forward. Mr. Bokar said that any one of the three zonings would be satisfactory.

Council, if it chooses not to accept the recommendation of the Planning Commission, may amend the ordinance next week as it feels is appropriate, and may or may not include the height restriction recommended.

All members of Council agreed that they could support a zoning of Office, agreeing that this would be good for Rocky River.

The zoning was acceptable to the applicant.

Mr. Long thanked residents for attending the meeting and contributing to the discussion, noting the importance of the opinions of those who live in the City to guide Council deliberations.

As there was no public comment or comment from members of Council, following a unanimous vote to adjourn, the Public Hearing was closed at 8:48 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council