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Rocky River City Council Minutes

April 22, 2019

Rocky River City Council Legislative Meeting April 22, 2019 Page 1 of 5

CITY OF ROCKY RIVER

April 22, 2019

The Regular Meeting of Council was called to order by Mr. Moran, President of Council at 7:00 p.m. in the David J. Cook Council Chambers.

Council Members Present: Mr. Hunt, Mr. Shepherd, Mr. O’Donnell,

Mr. Sindelar, Mr. Klym, Mr. Moran

Absent: Mr. Furry

Administration: Mayor Bobst, Mrs. Costello, Mr. Thomas

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.

MOTION:

Moved by Mr. Moran, seconded by Mr. O’Donnell that the reading of the minutes of the Legislative Meeting of April 8th, be waived and that the minutes be accepted as submitted.

Vote: Hunt – aye Shepherd – aye O’Donnell – aye

Sindelar – aye Klym – aye Moran – aye

6 ayes 0 nays PASSED

Moved by Mr. Moran, seconded by Mr. O’Donnell that the reading of the minutes of the Committee-of-the-Whole Meeting of April 15th be waived and that the minutes be accepted as submitted.

Vote: Hunt – aye Shepherd – aye O’Donnell – aye Sindelar – aye Klym – aye Moran – aye

6 ayes 0 nays PASSED

MAYOR’S REPORT:

The Mayor announced that at the next City Council Meeting, the administration will provide Council with an update regarding the Police Department Project relating to the move and site preparation. The ARB is still considering the exterior elevations and design. Additional renderings will be reviewed this week.

Today is Earth Day and Friday is Arbor Day. The City will be planting four fruit trees at the Community Garden. River Sprouts and the Community Gardner’s will be joining the administration beginning at 10:00 a.m. The entire community is invited to attend the Arbor Day Planting.

On Saturday, April 27th, is National Prescription Drug Take Back Day. The city is encouraging residents to clean out medicine cabinets and bring unused or expired prescriptions to the Police Department. Residents can drop off old prescription drugs in the Police Department’s Lobby.

LAW DIRECTOR’S REPORT: Mr. Bemer said that he and Chief Stillman attended a Liquor Commission Hearing on April 2nd, regarding the Application of a Liquor Transfer to the BP Station location at 19400 Hilliard Blvd. The applicant had been convicted of a misdemeanor last year. A compromised agreement was entered into, Rocky River City Council Legislative Meeting April 22, 2019 Page 2 of 5

to allow the Liquor License to go forward, subject to the applicant not being permitted to participate on the premises in any fashion until he is able to get this misdemeanor sealed. Liquor Laws do not address misdemeanor issues in terms of denial of applications; the applicant must be convicted of a felony. Law Director Bemer and Chief Stillman were able to reach an accommodation through the Attorney and the Hearing Officer to arrive at this compromise.

Mr. Bemer also attended a Law Directors Luncheon Seminar last Thursday regarding Public Records and Sunshine Law Meetings. Mr. Bemer commented on the litigation regarding City Councils texting, emailing and chain communications. There was a case in Cincinnati resulting in attorney fees totaling $90,000 regarding a disgruntled Councilman who was left out the chain of communication. There were also updates regarding Social Media and Record Keeping for public entities. This was discussed this morning regarding Public Records and Record Retention Schedules. This is also something Council should be aware of.

 President Moran inquired if the misdemeanor is sealed and is repeated, does it then break into a felony. Mr. Bemer said not necessarily. There are some things that would, like domestic violence, but not necessarily.

COMMITTEE REPORTS: Planning, Zoning and Economic Development Committee: Mr. Moran said that prior to last Tuesday’s Planning Committee Meeting, there was a discussion regarding Ordinance No. 88-18 with all the Boards present. Thank you to Director Bemer for bringing everyone together. It was great to witness the Boards communicate on an issue with many pieces and parts. Mr. Moran said there are still some issues with the Planning and BZA so this Ordinance will not be read for a third time this evening.

COMMUNICATIONS AND ANNOUNCEMENTS: President Moran announced that there will not be a City Council Meeting next Monday as it is the fifth Monday of the month. The next Committee-of-the-Whole Meeting will be held on Monday, May 6th.

PUBLIC COMMENT: NONE

UNFINISHED BUSINESS:

ORDINANCE NO. 88-18 BY: JAMES W. MORAN

AN ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR’S PERMANENT PARCEL NO. 304-29-046, AND THE CONSOLIDATED PARCEL NO. 302-29-047, FROM THEIR PRESENT CLASSIFICATION OF PF PUBLIC FACILITY TO R-2 TWO FAMILY RESIDENTIAL DISTRICT, AS FURTHER DESCRIBED IN EXHIBIT “A”

ON HOLD

Mr. Moran said that this ordinance is the zoning change from a Public Facility to an R-2. This has been read twice with much discussion with the City’s Boards and Commissions. There is still a couple of designs being discussed along with finalizing details with the builder so this ordinance will not be read this evening.

ORDINANCE NO. 24-19 BY: THOMAS J. HUNT

Mr. Hunt said that Council has received an amended exhibit for this ordinance this evening. Mr. Hunt thanked Mr. Bemer for taking care of the spelling error. Mr. Hunt moved to amend Ordinance No. 24-19 by substitution, seconded by Mr. O’Donnell.

Vote: Hunt – aye Shepherd – aye O’Donnell – aye

Sindelar – aye Klym – aye Moran – aye

6 ayes 0 nays PASSED Rocky River City Council Legislative Meeting April 22, 2019 Page 3 of 5

AMENDED ORDINANCE NO. 24-19 BY: THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF BAY VILLAGE, WESTLAKE, AND ROCKY RIVER REGARDING THE HOUSING OF JAIL INMATES, ATTACHED HERETO AS EXHIBIT A

3rd READING

Mr. Hunt said that this has been discussed for the last few weeks. This ordinance will allow the jail inmates to be housed in Bay Village and Westlake during the demolition and construction phase of the new Police Station. The City of Rocky River will be invoiced monthly for any use of these other facilities. Rocky River will be responsible for the transportation of the inmates.

 Mr. Sindelar asked what specifically the transportation would entail. Mr. Hunt and the Mayor responded that it would be any transportation that is needed.

 Mr. Sindelar also asked how it will be determined where the inmates go. The Mayor and Mr. Hunt said that it would depend on the census of that particular facility at the time.

Mr. Hunt moved for passage of Amended Ordinance No. 24-19, seconded by Mr. O’Donnell.

Vote: Hunt – aye Shepherd – aye O’Donnell – aye

Sindelar – aye Klym – aye Moran – aye

6 ayes 0 nays PASSED

ORDINANCE NO. 26-19 BY: MICHAEL P. O’DONNELL

AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CITY OF CLEVELAND, DIVISION OF WATER FOR WATER METER READINGS NEEDED BY THE CITY OF ROCKY RIVER IN THE AMOUNT OF $34,108.08, AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT “A”

2nd READING

This is an annual ordinance to pay the City of Cleveland Water Division $34,108 for water readings used for the calculation of City sewer billing. The actual water readings are purchased from Cleveland Division of Water once a year. The City would be billed $34,000 each time the meters were read so the city has one actual reading a year. This has been read twice and Mr. O’Donnell will seek passage at the next Legislative Meeting.

RESOLUTION NO. 27-19 BY: MICHAEL P. O’DONNELL

A RESOLUTION AUTHORIZING THE CERTIFICATION OF UNPAID PROPERTY MAINTENANCE COSTS TO THE CUYAHOGA COUNTY FISCAL OFFICER FOR COLLECTION IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO AND AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT “A”

2nd READING

This resolution is an annual ordinance and is a special assessment that is to be added on to the tax duplicate for two different residents of the City who were cited for various property maintenance violations. The city had advised property owners to perform certain work on their properties, but the work was not performed. The city then had to complete the work and bill the owners. This amount is a little less than $1,800.00.

ORDINANCE NO. 28-19 BY: JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO ENTER INTO AN AGREEMENT WITH AECOM TECHNICAL SERVICES Rocky River City Council Legislative Meeting April 22, 2019 Page 4 of 5

FOR THE RIVERDALE DRIVE SLOPE SUPPRESSION AND WIDENING PR0JECT IN AN AMOUNT NOT TO EXCEED $128,111.00

2nd READING

This ordinance authorizes the Administration to enter into a contract for design services and create a bid package for the Riverdale Project. This project would stabilize the soil and road surface for Riverdale widen the road to two lanes. This will be read for a third time at the next Legislative Meeting.

 Mr. Klym asked if this would be a 2020 Project. Director Costello said the engineering will begin this

year and hopefully the bidding will begin in 2020.

ORDINANCE NO. 29-19 BY: THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING AND DIRECTNG THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF OHIO TO ACCEPT A GRANT UP TO $30,000.00 FOR THE OPERATION OF THE MARINE PATROL FOR THE YEAR 2019, AND AS FURTHER DESCRIBED IN THE ATTACHED AWARD LETTER

2nd READING

Council should be familiar with the substance of this ordinance, as it has been a yearly ordinance for the last several years. This is accepting grant money from the state to operate the Marine Patrol Boat from Memorial Day through Labor Day. The City of Rocky River is responsible to pay 25% of the $40,000 budget in the amount of $10,000. The extension has been requested but has not yet been confirmed.

 Mr. Klym confirmed that the City of Lakewood and the MetroParks no longer use the Marine Patrol Boat. Mr. Hunt and the Mayor said that is correct, but the agreements are still in place, however, have not been utilized.

NEW BUSINESS:

ORDINANCE NO. 30-19 BY: THOMAS J. HUNT

AN ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE TWO (2) 2019 FORD UTILITY POLICE CARS FOR THE POLICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM LEBANON FORD AT A COST NOT TO EXCEED $57,586.80

1st READING

This ordinance was discussed last week and it authorizes the Safety-Service Director to purchase two 2019 Ford Utility Police Cars for the Police Division under the State Cooperative Purchasing Act at a cost not to exceed $57,586.80. Three cars were budgeted for this year. A third vehicle may also be purchased because Ford is moving to a new model that the current equipment cannot be transferred into.

 The Mayor stated that the police department will save just under $10,000 per new vehicle, if they are able to transfer all of the equipment to each of the new vehicles. A third vehicle would probably come out of the Equipment Purchase Fund as opposed to POPAS. The administration is looking into this. The old police vehicles are then used in other departments.

 Mr. Moran asked if the administration knows for a fact that the equipment cannot be transferred into the new model. Director Costello said that the devices that hold the computers and radios are not compatible and cannot be used in the newer model.

MISCELLANEOUS BUSINESS: NONE Rocky River City Council Legislative Meeting April 22, 2019 Page 5 of 5

PUBLIC COMMENT: NONE

President Moran wished a Happy Birthday to Mr. Hunt and Mayor Bobst this coming week!

As there was no further business by members of Council, the meeting was adjourned at 7:31 p.m.

________________________________

James W. Moran Susan G. Pease

President of Council Clerk of Council