CITY OF ROCKY RIVER

FEBRUARY 16, 2010

The Committee-of-the-Whole was called to order by Mr. Moran, President of Council, at 8:00 p.m.

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

Dr. Schieda, Mr. Moran

Absent: Mr. Shepherd

Administration: Mayor Bobst, Mr. Linden, Mr. Koran, Mr. Beirne

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

MAYOR'S REPORT:

The Mayor opened her report with information about the 2010 Census which was discussed at a meeting she attended last week. She made the following points:

• •She emphasized its importance to the community, particularly when $400 billion distributed by the federal government as well as many state and local decisions are based partly on these figures.
• •In the census procedure, following a postcard alert, questionnaires will be sent in mid-March to residents who will be asked to complete the ten questions and return it by Census Day, April 1. Responses are extremely confidential and results are reported only in the aggregate; individual information is not released for 72 years. Census workers will be mobilized about April 15 to visit those who have not returned questionnaires, but no visits will be made to those who respond.
• •The best way to protect residents and the community as well as reduce costs is to return the questionnaire and be counted. Results must be reported to the President by the end of the year.
• •The City will work with community organizations, particularly through the Federation and with churches, the media, the City website, schools and merchants' associations. Toolkits for any of these organizations are available at www.census.gov.
• •The Mayor also mentioned that there are job opportunities; Rocky River is the location for some of the testing and training for interested individuals.
• •Challenges in obtaining accurate census results are renters, particularly in larger buildings, those who are out of town and whose mail is not promptly forwarded, group quarters such as nursing homes and students who are counted where they go to school.

Admiral Products, the City's printer, recently received two print excellence awards for two City publications: the Quill and the self-mailer produced by Healthy Rocky River.

For the 22^nd consecutive year, the City has received the Certificate of Achievement for Excellence in Financial Reporting. The Mayor congratulated Finance Director Michael Thomas and his staff for being awarded the highest form of recognition in government accounting and financial reporting. The Mayor read from information received that, "its attainment represents a significant accomplishment by a government and its management."

Regarding House Bill 9 which requires that elected officials attend a certified training seminar about public records, the Mayor announced that Bay Village will sponsor such a training session for elected officials. Requirements for Rocky River's elected officials have been met through the efforts of Law Director Bemer, but the Mayor commented that this training is worthwhile for those who have the time to attend. Registration is available on the website of the Ohio Attorney General.

The Volunteer Recognition Luncheon will be Friday at the Senior Center.

UNFINISHED BUSINESS:

Ordinance No. 48-09: Dr. Schieda indicated that this ordinance, as discussed at earlier meetings, authorizes the adoption of an updated Development Code. He introduced Building Commissioner Kevin Beirne and E&CD Director Kory Koran who were invited to answer questions because they have both been active in the drafting of the Code and are working with the Code on a daily basis.

Commissioner Beirne commented that work began with the Master Plan which recommended that the Development Code be reviewed since it had not been updated since its inception in 1972. Issues raised since that time were not enumerated in the Code and the layout of the present Code often requires moving among many sections to answer development questions.

The new Code has been assembled with an eye toward making it easier to understand and incorporates many changes in zoning district classifications such as mixed uses, central business districts, mixed overlay districts and conditional uses. These would open the development of existing zoning areas of the City which have been dormant until now and affords more flexibility to the developer. Another part of the Master Plan was to create a more pedestrian-friendly atmosphere in the City on Center Ridge, Lake and other parts of the City.

The process has now been under way for two years and has been organized by D.B. Hartt who scheduled meetings with all members of the Boards and Commissions, Council members, and members of the Administration. This document marks the end of the process. Among changes are definitions and Titles Five, Seven and Eleven. Renumbering of sections was also done to accommodate the redesign of the chapters for ease of use. The basic changes, then, were better organization and allowing for more development within the City.

Director Koran observed that the process has gone well, noting that regionally, David Hartt is one of the most recognized zoning experts in the Cleveland area, and is often called upon for expert testimony in cases of land use legal issues. Rocky River was fortunate to have been able to hire the firm and particularly to have had his personal services and those of his assistant, Alisa Duffey Rogers, both experienced consultants. The input from the citizens of the various boards and commissions was outstanding, both in individual and group meetings. Rewriting an entire code is a huge project; typically, communities amend or add a new section to the Code. This results in a disorganized code which is difficult to use. The new Code has been written by a local expert with a great deal of local input. It is easy to read and understand. Many difficult issues such as fencing and air conditioners were thoroughly debated, and the result is a workable document. It is not perfect, and will evolve as the City does, but Mr. Koran said that if this is approved with a few minor adjustments, the City will have a document it can be proud of.

Mr. Moran wished to confirm that this is Rocky River's document and not D.B. Hartt's document, i.e. Mr. Hartt set the guidelines, but final decisions were made by community members.

• •Mr. Koran strongly agreed. He said that some consultants might copy the last Code they had formulated for another community. That did not occur here at all. Each sentence was reviewed and revised to be relevant to this City. Certain essentials, such as a mixed use overlay district, or a central business district reclassification were given to the consultant. Since many zoning issues were involved, the Ohio Revised Code (ORC) came into play. These factors set parameters, but apart from that, this Code was designed especially to fit the needs of this City.

Mr. Moran suggested that moving forward to passage, all Council members consider both the whole and its parts. It could be considered as a whole, or each section, i.e. air conditioners, setbacks, could be individually considered.

• •Mr. Koran pointed out that every sentence has been reviewed by the working group with the consultant. He said that both he and the Building Commissioner are comfortable with the entire document, and that it would be difficult to redesign segments of this Code because it will affect other sections. The Mayor has recommended adoption, and Mr. Koran said that it should be expected that as time passes, some recommended minor changes will be made. It's impossible for anyone to predict the future regarding development, and fine tuning of building coverage, green space, etc. can be done in the future.



• •Mr. Beirne said that Mr. Shepherd had called with concerns about placement of air conditioners. That was changed from the present code at 15' from the property line and behind the house. This can be further changed in the future without affecting the entire Code. Mr. Moran added that Mr. Shepherd's viewpoint is that he would prefer a stricter regulation with a variance required later.

Dr. Schieda noted that in reading this document, he felt it was done extremely well. He was concerned about the approval procedures, and the difference with present procedures. As outlined in Section 1127.05, there are four steps: pre-application meeting with the Planning commission, preliminary development plan review by Planning Commission, plan review by the D& C Board and detailed plan review by the Planning Commission. He asked if this is different from the present procedure and if not, whether transition will be difficult.

• •Mr. Beirne said that it is different. Presently, a new plan is reviewed by the Building Commissioner and then at a preliminary meeting where residents are not notified about the project. The developer often makes recommended changes and then final approval is heard at a public meeting where residents are notified. They may want more changes which delays the project further. He said it would be better to have a pre-preliminary with the Planning Commission and then the public included at the preliminary meeting. In that way, when final drawings are submitted, approval should be granted without delay. This helps the development process by raising problems or required changes earlier in the process. Responding to Dr. Schieda's questions, Mr. Beirne said he felt this process would be successful because it allows residents to voice concerns before a project reaches the final development stage.



• •Mayor Bobst added that with the current procedures there are situations where a great deal of time, money and expertise are expended on projects and at the end of the approval process, residents raise concerns. The new process allows the developer feedback early in the process and gives guidance for their adjustments. Dr. Schieda agreed because he does not want a process that is so cumbersome it discourages people from going through the process.

Because the Administration has been "testing" the new Code, Mr. Mylen asked if the new procedures have been implemented.

• •Mr. Beirne said that the "testing" process has been to review projects with new regulations in mind. He has found that the new regulations are more detailed and thorough than the present code.



• •Mr. Koran clarified by saying that the Building Commissioner has been looking at specifications in the Code, such as parking spaces, setbacks or building heights and comparing the present code with the new code. As far as the process is concerned, it cannot be implemented because the current code is still in force. But he noted that the process in 1127.05 was designed by Rocky River and was based upon 30 years' experience with plan review by the Building Commissioner. All requirements are set out in the new Code, and if all plans are not submitted according to Code, Mr. Beirne can say that it will not be placed on the agenda until all requirements are met.

Mr. Furry asked if the new code will place too much power, influence or discretion in the hands of the Zoning Administrator.

• •Law Director Bemer pointed out that there is a strong system of checks and balances in that regard. He said that the City has a good balance of residential, retail and office uses and is one of the few remaining walking communities. All issues were discussed by the working group. As a result of the updating of regulations, there can be a better application of the Code. He observed that another area of study was standards for decisions of various boards and commissions. There was much overlap, and standards developed informally through usage rather than being set and articulated. This new Code does that.

• •Mr. Beirne added that any decision made by the Building Commissioner/Zoning Administrator can be appealed, and checks and balances should work.

Dr. Schieda asked if the Building Commissioner is also named as the Zoning Administrator.

• •Commissioner Beirne said that it is not very different from today's situation where, as Building Commissioner, he also enforces Chapter 11, checking submissions and determining if it is a variance to the Zoning Code before sending it to the BZA. Review of Chapter 11 should be done as a Zoning Administrator, not as a Building Commissioner. Mr. Beirne enforces the Ohio Building Code and the Ohio Residential Code for construction, but much of his job is zoning, determining height, distance etc. Dr. Schieda expressed appreciation and said he has a great deal of respect and admiration for Mr. Beirne and how he does the job.

Mr. Mylen asked if there is a requirement that Building Commissioner and Zoning Administrator be one job.

• •The response was that it could be two people, but in this Code it is designed to be one person.
• •Mayor Bobst read the relevant passage from the new Code which does not specifically state that it is one person.
• •Mr. Bemer pointed out that there is a great deal of discretional language in the new Code, e.g. may rather than shall. This was by design for flexibility.
• •Mr. Moran pointed out that as a City employee, Mr. Beirne reports to the Mayor. In the future, there could be a situation which would involve both the Administration and Council. Those checks and balances will help the system function in a different future situation.
• •Mr. Koran commented that the new Zoning Code does not create new duties for anyone, but rather clarifies what is already being done. Section 1125.03 clarifies what Mr. Beirne does as the Zoning Administrator and what the Planning Commission does and their roles.

Dr. Schieda then asked about setbacks for lakefront property which, historically have been a problem. If a new property owner rebuilds or adds on closer to the lake, existing homeowners have "tunnel vision".

• •Mr. Beirne responded that there is a requirement of distance from a bluff as well as a prohibition of construction within a coastal erosion area. That limits how far back homeowners can build.

Dr. Schieda also asked about corner lots, and the difference in setbacks for side yards which must align with the front setbacks of the street behind it.

• •Mr. Beirne said that the setback of the side street abutting the property must be met.
• •Mr. Koran added that the Building Commissioner has maintained a setback map which sets the standard and is cited in Section 1157. This means that some setbacks will not be changed by adoption of the Code.

Dr. Schieda finally asked about setbacks in planned neighborhoods when homes were built with a 40' setback. If the Code calls for 25', then a homeowner could build on to the front of the house.

• •Mr. Beirne said that, based on the setback map, a street with variable rates of setback can accommodate building to the frontage of the property. With a cluster development, no structure can be built in front of others on the street.

Mr. Mylen confirmed that, with the new procedure, a greater burden would not be placed on the resident to come to more meetings.

• •Mr. Beirne said that in the past, public notices were not sent until the final review, causing residents to ask why they were not notified earlier when the project was first submitted. Now they can express concern at a much earlier stage in the planning. Further, notifications would be made to all properties within 150' of the perimeters of the project rather than the current 100'.
• •Mr. Koran added that for the individual who is doing an improvement, the process is the same, with the same number of meetings to be attended.

Responding to a question from Mr. Moran, Mr. Koran noted that consultant David Hartt is still under contract until a final Code which satisfied all parties.

Commissioner Beirne answered Dr. Schieda's question about the small increase in lot coverage in the new Code by saying that the increase from 25% to 28% is in response to many applications to the BZA, particularly with some smaller lots such as those in this City.

Mr. Koran added that this is in response to the Master Plan to enable residents who want a larger home to stay within the City. However, now that the percentage has been increased, variances to that new figure will receive careful consideration.

Dr. Schieda thanked both Mr. Beirne and Mr. Koran for sharing their time and expertise.

The Mayor added that without both Mr. Beirne and Mr. Koran, together with Law Director Bemer, this new Code would not look the way it does today. She cited the importance of the positive interaction of the land use commissions as it relates to development and thanked all three for their participation.

Mr. Bemer added that the process could not have gone forward without the expertise of David Hartt who brought everyone together and kept the process from becoming overwhelming. He said Mr. Hartt was the right person for the job.

The Mayor agreed, noting that he was sensitive to the needs of Rocky River, making sure that the Code supports development that is desirable and compatible.

Ordinance No. 4-10: This ordinance authorizes rezoning of the property purchased by the City adjacent to the City Hall campus from Residential to Public Facility. Dr. Schieda noted that it was recommended by the Planning Commission this evening. A Public Hearing has been scheduled by Council for March 15.

MISCELLANEOUS BUSINESS: NONE

COMMITTEE REPORTS: NONE

NEW BUSINESS:

Ordinance No. 11-10: In Mr. Shepherd's absence, Mr. Moran explained that this ordinance authorizes an agreement with Community Challenge, a longstanding arrangement.

• •Mayor Bobst explained that this agreement was for $43,500 for several years; last year it was reduced to $32,000, of which $28,418 was paid for services rendered. This year the agreement is for $29,000, and she noted that Community Challenge has worked hard on changes which can be seen in the attachment. They have been involved in many anti-drug events which have become traditions in the City, and have been aggressive in presenting programs which are often coordinated with the schools. Their 2009 annual report should be ready for packets this Friday

Mr. Moran pointed out that the accounting for deliverables is a welcome addition, applauding the Mayor for structuring the program so that the community can see where its funds are being spent.

• •Mrs. Arabian Whitman commented that she has been a part of Community Challenge for more than 10 years, and she said it is a wonderful program. It has a very positive and detailed impact on the community. They have aimed their work at all age groups, from the youngest to those going to college and their parents, and spreads a good message throughout the community. She said that she has seen the programs in action, and seeing it on paper makes it even more viable. She said it is a great asset to the community and she is very much in support of it.



• •Dr. Schieda indicated that this has been a joint involvement of the City and the schools since its inception many years ago. Students and their families benefit from the programs and students who need direction are helped. Budgets are tight because the contribution of the schools has had to be limited.



• •The Mayor added that the community now benefits from the alliance of Community Challenge has with Recovery Resources and using assets of Recovery Resources to do effective planning and intervention in the community.



• •Mr. Mylen asked about funding, and the Mayor noted that Community Challenge's proposal shows the diversification of funding with no one source bearing the brunt of the expenses. She further said that the City could not replicate these efforts without incurring a great deal more cost.

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

As there was no further business by members of Council, the meeting was adjourned at 9:15 p.m.

______________________________ ______________________________

James W. Moran Misao Kurokawa

President of Council Clerk of Council