Rocky River City Council Minutes

May 29, 2018

Rocky River City Council Legislative Meeting May 29, 2018 Page 1 of 12

CITY OF ROCKY RIVER

May 29, 2018

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. Furry,

Mr. Sindelar, Mr. Klym, Mr. Moran

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. Furry, that the reading of the minutes of the Legislative Meeting of May 14th be waived and that the minutes be accepted as submitted.

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

7 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 May 21st be waived and that the minutes be accepted as submitted.

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

6 ayes 1 – abstain 0 nays PASSED

MAYOR’S REPORT:

The Mayor extended a thank you to all who attended the Memorial Day Parade. It means a lot to the veterans each year for everyone’s participation. Thank you also to the Joint Veterans Council of Lakewood and Rocky River along with Richard Healy the Chairman, the high school band, the high school parent volunteers, the Rocky River Service Department, the personnel at Lakewood Park Cemetery and residents that volunteered to place 3800 flags on the graves of veterans. The Keynote Speaker commented that the grounds reminded him of West Point it looked so beautiful.

New flagpoles and flags have been installed in front of Memorial Hall representing each branch of the military. Lighting has been installed and new landscaping will be added. It is a beautiful presentation of the City’s commitment to the veterans and their service to our country.

The State Legislature named May 24th “First Responders Appreciation Day” and there was a lot of outpouring of support honoring First Responders that day. Thank you to Burntwood Tavern and other businesses for honoring our First Responders that day. Rocky River City Council Legislative Meeting May 29, 2018 Page 2 of 12

The Mayor was excited to announce that the City of Rocky River was chosen as the #1 Suburb in the “Rate the Suburb” Issue of the Cleveland Magazine. The Mayor thanked all the residents, businesses, churches, schools, civic organizations that play a role in the success of this beautiful community. The city has some amazing assets that are celebrated and honored, but the fact that everyone lives as a community connected to each other along with the institutions is what makes the City of Rocky River #1. The Mayor extended her thanks on her behalf and that of City Council for everything the residents and businesses do to make this a strong community and sustain its success.

The Mayor announced that Shelly Construction was awarded the Detroit/Wooster Road repaving project and they have indicated that they will be able to pave from the western border of Detroit Road all the way to the Lakewood line on the Detroit Road Bridge this season. Wooster Road will be repaved in 2019. The Mayor thanked Director Costello for all her good work with Shelly Construction.

The new beach cleaning equipment was out last week cleaning beaches. This machine has a couple of screens and sifts the sand removing debris from the beach. The machine did a great job and will help the city to maintain the beaches especially after big storms.

The Master Plan Ordinance is in front of Council this evening. The Master Plan is an enormous body of work that many residents, stakeholders along with online comments contributed to. The Master Plan is also online for anyone to review. Next Monday evening, beginning at 6:30 p.m., the County Planning Commission including Glenn Coyne, the Executive Director and Patrick Hewitt, Senior Planner both of whom did most of the work on the Master Plan and the Rocky River Planning Commission will join City Council to discuss the process. Councilman Klym represented City Council throughout the process. It will be on the Planning Commission’s Agenda for the June 19th meeting for their recommendation for adoption. The Master Plan will set the stage for the next ten years for this community.

A movie is being filmed in Rocky River tomorrow. The filming will be down at the Cleveland Yacht Club through the evening hours so it will not be disruptive to the community. There will be some large trucks parked on Depot Street because of the filming. Most of the trucks will be at the Emerald Necklace Marina, on the other side of the river.

The Mayor highlighted a few of the accomplishments of Rocky River High School current students and a former student. The Rocky River Sailing Team that sails out of the Foundry took 14th place in the High School National Sailing Competition in Texas in their first year of existence. This is astounding for their first year! The Magnificat Rowing Team, also out of the Foundry, had an excellent showing at the Mid-West Regional Championships. Rocky River High School Seniors developed an application for a Smart phone for Active Shooters. It uses amazing technology. The students have done a few demonstrations at the high school with great success. Golfer, Jillian Hollis a current resident in Rocky River, qualified for the US Women’s Open. Jillian is a junior at the University of Georgia and is a tremendous golfer. Congratulations to all of these students.

This Saturday and Sunday, the St. Jude House will have an Open House with ample parking at the Presbyterian Church across the street. Rocky River City Council Legislative Meeting May 29, 2018 Page 3 of 12

The Rocky River Community Band and Chorus will be performing Sunday evening at the Rocky River Presbyterian Church on Detroit Road at 7:00 p.m. The High School Jazz Band performed this past Sunday evening and was a great concert. Thank you to the Presbyterian Church who allows residents to park there for Memorial Day, the St. Jude Open House and for hosting the Community Band and Chorus.

Mr. Moran commented that the Mayor has a way of diverting all the attention of good news to everyone else. Mr. Moran congratulated the Mayor, Directors Costello, Thomas and Bemer for their great direction and focus in achieving the #1 status in the Cleveland Magazine for this year and the fact that the is City of Rocky River is continually in the top ten ranking in the Cleveland Magazine. Thank you very much for everything the Mayor and administration does.

LAW DIRECTOR’S REPORT: NONE

COMMITTEE REPORTS: NONE

COMMUNICATIONS AND ANNOUNCEMENTS: NONE

PUBLIC COMMENT: John Carney, Preservation Partners, 20664 Beachliff Blvd. thanked Council and the Administration for their time and effort regarding Ordinance No. 22-18. Congratulations to the Mayor and City Council for the #1 ranking in the Cleveland Magazine. All residents benefit from this. Mr. Carney delivered certain evidence, testimony and letters to Council giving the background for the support of 22-18. In summary, Mr. Carney listened to the comments by Council and heeded community feedback and have made changes addressing these concerns.

 The project will fit wonderfully on the site and will be a great addition to Rocky River and the Bradstreet Landing area.

 They have offered evidence of experts to support this application.

 The Planning Commission has approved this project unanimously both times.

 The detailed analysis including David Hartt’s expert testimony has been submitted.

 Property values are up for the homes in the surrounding area because of this pending legislation.

 They have secured a letter from Dr. Simon, Cleveland State University Urban School, an urban expert, that supports this also.

 There is no traffic impact evidenced from the TMS study dated November, 2017.

Mr. Carney requests City Council support for this legislation.

UNFINISHED BUSINESS:

Mr. Shepherd moved to amend Ordinance No. 81-17 seconded by Mr. Furry.

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

7 ayes 0 nays PASSED Rocky River City Council Legislative Meeting May 29, 2018 Page 4 of 12

AMENDED ORDINANCE NO. 81-17 BY: JOHN B. SHEPHERD

AN ORDINANCE AMENDING THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, SECTION 1123.02 OF THE DEVELOPMENT CODE ENTITLED “DEFINITIONS”, AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT “A”

3rd READING

This ordinance addresses rentals for less than thirty days in residential districts. This was referred to Planning and the Planning Commission agreed that rentals of less than thirty days will not be permitted in single or multi-family districts. There is wording added that exempts guest suites such as guest suites at Brighton Chase. Mr. Shepherd moved to pass Amended Ordinance No. 81-17 seconded by Mr. Furry.

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

7 ayes 0 nays PASSED

Mr. Shepherd moved to second amend Ordinance No. 82-17 seconded by Mr. O’Donnell.

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

7 ayes 0 nays PASSED

2nd AMENDED ORDINANCE NO. 82-17 BY: JOHN B. SHEPHERD

AN ORDINANCE AMENDING THE BUILDING CODE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, SPECIFICALLY SECTION 1371.01 ENTITLED DEFINITION AND SECTION 1371.02 ENTITLED RENTAL LICENSE/CERTIFICATE OF OCCUPANCY AND ADDING SECTION 1371.09 ENTITLED LIMITED LODGING PROVISIONS, AS FURTHER DESCRIBED IN THE ATTACHED EXHIBITS “A” “B” & “C”

3rd READING

Mr. Shepherd said that both 81-17 and 82-17 have some wording issues that may cause these two ordinances to come back to Council. Mr. Shepherd wants to get the rentals less than 30 days prohibition through. Mr. Shepherd moved to pass 2nd Amended Ordinance No. 82-17, seconded by Mr. O’Donnell.

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

7 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 84-17 BY: JOHN B. SHEPHERD

AN ORDINANCE AMENDING THE DEVELOPMENT CODE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, CHAPTER 1127 REGARDING DEVELOPMENT PLAN REVIEW PROCEDURES AS PROVIDED IN SECTION 1127.03, SECTION 1127.35, AND SECTION 1127.37 AS FURTHER DESCRIBED IN THE ATTACHED EXHIBITS “A”, “B” AND “C”

ON HOLD

This amended ordinance is still on hold. Council is waiting for feedback from the Planning Commission. Rocky River City Council Legislative Meeting May 29, 2018 Page 5 of 12

ORDINANCE NO. 85-17 BY: JOHN B. SHEPHERD

AN ORDINANCE AMENDING THE DEVELOPMENT CODE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, SECTION 1129.09 ENTITLED CERTIFICATE PROTEST; REFERRAL TO BOARD OF APPEALS AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT “A”

3rd READING

Mr. Shepherd said that this ordinance provides that when someone is protesting they have to state the reason for the protest and protests can only be applied for if there is a misapplication or error in the application of the Code. The Planning Commission agreed and recommended passage. Mr. Shepherd moved for passage of Ordinance No. 85-17, seconded by Mr. O’Donnell.

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

7 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 87-17 BY: JOHN B. SHEPHERD

AN ORDINANCE AMENDING CHAPTER 1153 CAPTIONED SINGLE FAMILY AND TWO FAMILY RESIDENTIAL DISTRICT REGULATIONS OF THE DEVELOPMENT CODE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, AND SPECIFICALLY SECTION 1153.03 ENTITLED USE REGULATIONS, SECTION 1153.07 ENTITLED SETBACK REQUIREMENTS, SECTION 1153.09 ENTITLED HEIGHT REQUIREMENTS, SECTION 1153.13 ENTITLED PROJECTIONS INTO REQUIRED SETBACKS, AND SECTION 1153.15 ENTITLED ACCESSORY USES AND STRUCTURES, AS FURTHER DESCRIBED IN THE ATTACHED EXHIBITS “A-E”

ON HOLD

This amended ordinance is still on hold. Council is waiting for feedback from the Planning Commission.

AMENDED ORDINANCE NO. 88-17 BY: JOHN B. SHEPHERD

AN ORDINANCE AMENDING THE DEVELOPMENT CODE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, SECTION 1167.01 ENTITLED “INTENT” REGARDING BUSINESS DISTRICT REGULATIONS, AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT “A”

INDEFINITELY POSTPONED

The Planning Commission reported that this should not be passed until the zoning ordinance is reviewed and modified further. Mr. Shepherd moved to indefinitely postpone Amended Ordinance No. 88-17, seconded by Mr. Furry.

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

7 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 89-17 BY: JOHN B. SHEPHERD

AN ORDINANCE AMENDING THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, SECTION 1169.11 OF THE DEVELOPMENT CODE ENTITLED “DEVELOPMENT STANDARDS AND CRITERIA” PERTAINING TO THE MIXED USE OVERLAY DISTRICT, AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT “A” Rocky River City Council Legislative Meeting May 29, 2018 Page 6 of 12

3rd READING

Mr. Shepherd said that Amended Ordinance No. 89-17 as amended takes away the minimum lot size for use of a mixed overlay. The Planning Commission agreed with this modification. Mr. Shepherd moved for passage of Amended Ordinance No. 89-17, seconded by Mr. O’Donnell.

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

7 ayes 0 nays PASSED

AMENDED ORDINANCE NO. 90-17 BY: JOHN B. SHEPHERD

AN ORDINANCE AMENDING THE DEVELOPMENT CODE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, SECTION 1181.19 ENTITLED SOLAR REGULATIONS, AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT “A”

ON HOLD

This amended ordinance is on hold. Council is waiting for feedback from the Planning Commission.

ORDINANCE NO. 93-17 BY: JOHN B. SHEPHERD

AN ORDINANCE AMENDING CHAPTERS 1151, 1155, 1157, 1163, 1165, 1169 AND 1171 OF THE DEVELOPMENT CODE OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER REGARDING WIRELESS TELECOMMUNICATION FACILITY USE WITHIN RESPECTIVE ZONING DISTRICTS AS FURTHER DESCRIBED IN THE ATTACHED EXHIBITS “A-H”

ON HOLD

This ordinance is on hold and is in regard to Wireless Communication and has been read twice. The City of Dublin will be convening a meeting that will discuss this issue and draft some legislation. The meeting will probably be held in mid-June.

ORDINANCE NO. 22-18 BY: JAMES W. MORAN

AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF PARTS OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR’S PERMANENT PARCEL NOS. 302-01-007, 302-01-010 AND 302-01-011 (PARCEL 1), FROM THEIR PRESENT CLASSIFICATION OF R-1 SINGLE FAMILY TO R-4 MULTI-FAMILY (36’), AND PARTS OF PERMANENT PARCEL NOS. 302-01-007, 302-01-010, AND 302-01-011 (PARCEL 2) AND PERMANENT PARCEL NOS. 302-01-015 AND 302-01-016 (PARCEL 3) FROM THEIR PRESENT CLASSIFICATION OF R-1 SINGLE FAMILY TO R-3 SINGLE FAMILY ATTACHED

3rd READING

President Moran said that Ordinance 22-18 has been read twice and will be read for a third time this evening. This ordinance is a change in zoning from R-1 to R-3 and R-4. There are some basic points that Council is responsible for looking at when talking about the change of zoning. Council has reviewed these points:

1. Whether the change in classification would be consistent with the Master Plan of the City or other adopted plans and policies; Rocky River City Council Legislative Meeting May 29, 2018 Page 7 of 12

2. Whether the change in classification would be consistent with the intent and purposes of this Development Code;

3. Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected, and if so, the nature of such changed or changing conditions;

4. Whether the uses that would be permitted on the property, if it were reclassified, would be compatible with the uses permitted on other property in the immediate vicinity;

5. Whether the uses that would be permitted on the property, if it were reclassified, would have an adverse environmental or health impact on the immediate surrounding area in terms of acceptable air, noise, light, or water quality standards;

6. Whether adequate utility, sewer, and water facilities, and all other needed public services exist or can be provided to serve the uses that would be permitted on a property, if it were reclassified;

7. Whether the amount of vacant land with the same zoning classification as proposed for the subject property, particularly in the vicinity of the subject property, and any special circumstances, if any, that make a substantial part of such vacant land unavailable for development.

8. This point is not applicable to this project.

Council referred this back to Planning where it was approved and it is now the responsibility of City Council to vote on the change from R-1 to R-4.

Mr. Hunt said that this has been a most difficult decision for all of Council. Mr. Hunt appreciates the diligence of all parties. Mr. Hunt contemplated every piece of information he could gather and considered the ramification of a vote either way. The rationale for his vote is as follows:

1. It is his opinion that the property owners and developer’s self-imposed their need for this rezoning. The properties were purchased with eyes wide open.

2. There is no entitlement to rezoning. When a request like this is made from those that know what it takes, he has an issue that Council needs to take care of this when it is self-imposed.

3. Mr. Hunt believes that the vote and recommendation of the Planning Commission will set a bad precedent from Breezevale Cove west to the Bay Village border.

4. The Developers have made changes but there is no Development Agreement that will hold the developer’s feet to the fire. There is no guarantee that what they say will be constructed actually will be constructed.

5. In terms of Codified Ordinance Section 1135.21, he doesn’t believe they meet the required elements for #3, #4 and #5. Mr. Hunt said that this change in classification is not consistent with the intent and purposes of the Development Code as set forth in 1121.05. The Development Code is intended in part to protect the character and values of residential uses by limiting population and density. Density will increase. There is also protection for adequate open space for light, air and outdoor uses as well as the regulation in reduction of interference with traffic. Mr. Hunt does not know what the changing conditions of the affected area are.

6. If Council allows the rezoning, there is no going back. Without a development agreement this is a very big concern of his.

Mr. Shepherd said that he agrees a lot with Councilman Hunt, in particular that this is a very difficult decision. A lot of the arguments on both sides made a lot of sense while a lot of the arguments on both sides did not make a lot of sense. For the last two weeks, Mr. Shepherd has closed off all private conversations. He wanted to reflect and he made at least four trips down to the site which was very helpful in his decision. He went through the criteria of 1135.21 and has concluded that while this is not a perfect project he thinks it is positive for the city. He respects the Planning Commission and they Rocky River City Council Legislative Meeting May 29, 2018 Page 8 of 12

approved this indicating the conceptual plans will be followed. Mr. Shepherd expects the conceptual plans to be followed. He was impressed with the comments of Tom Long on the Planning Commission who articulated the value of a community’s need to be dynamic. He feels this project is proportionate. It is not a transformation of all of Lake Road. His vote today will not indicate that he supports any further similar development to the west. This is a small project and it fits the topography of this area. He does have compassion and sympathy for the people directly involved, but he notes that Breezevale Cove itself is 80% in favor of it.

Mr. O’Donnell agrees that this is the single most divisive issue in front of Council. It has not been an easy decision. He related to the arguments on both sides. He is particular proud of the discussion that has surrounded this project during the last three years. It is appreciated when the public comes to the meetings and speaks their mind. As he reflected on this issue there were many things to consider. Mr. O’Donnell said that the Planning Commission’s unanimous recommendation and the commission routinely rules on these issues and the factors in 1135.21. He tried to view these factors as objectively as he could and he feels these factors weigh in favor of changing the zoning classification.

Mr. Furry has received letters, calls and emails from people on both sides. He was looking solely at the Codified Ordinance 1135.21. He was not looking at the proposed development as the developer could sell the property once it was reclassified. Mr. Furry has concerns about #3, #4 and #5. Mr. Furry feels that this project would have an adverse affect on #3, change in condition, #4, compatibility of the immediate vicinity and #5, an adverse environmental impact on the surrounding area.

Mr. Sindelar said it was a difficult decision. When Mr. Sindelar looks at 1135.21 he doesn’t agree that this fits the Master Plan. This area was not a core target area in the 2005 Master Plan and he doesn’t feel it is part of the 2018 Master Plan. Bradstreet’s was an area, however the biggest thing to take away from the Master Plan is the overwhelming amount of residents surveyed for the Master Plan stated that according to 85.6% that the highest priority for housing was to maintain existing housing and neighborhoods. If there was new development, it should reflect the existing scale and character of the neighborhood. He doesn’t feel it is elitist to maintain certain characteristics. He isn’t opposed to change but feels it needs to be done in the right setting and lean towards what the majority of people are saying. It speaks volumes to him that 85.6% of the people feel this way. He agrees with Mr. Hunt regarding the development code. Whether the proposed amendment is because of a change condition, the intent behind this was to build a house so there was not a change in condition that makes this a necessity. The compatibility of other property in the immediate vicinity he feels means the Woods property and Gavin Blaha’s property.

Mr. Klym said that he can echo a lot of the comments his colleagues said this evening. He has heard many things about this development and his focus is about the 8 factors in 1135.21. This ordinance states that Council should consider these factors, but doesn’t say that any one is more important than the others and it doesn’t say that all of them need to be present or one or two need to be present. He sees the Master Plan differently. He thinks this project does meet the criteria in the 2005 Master Plan. This area was not part of the focus but it doesn’t prevent the city from looking at development outside those areas as we move forward over the next ten years. That plan also states that it wants to foster housing diversity including residents for empty nesters who do not want the responsibility of yard and home upkeep and to accommodate a broad range of lifestyles to retain this important segment of the population. This is a very important segment of the community. The statistics of the surveys for the 2018 Master Plan, one of the top reasons for moving out of Rocky River in order to find single floor Rocky River City Council Legislative Meeting May 29, 2018 Page 9 of 12

living. The top response was ‘I don’t want to move out of Rocky River”. Promoting diverse housing should be throughout the community in appropriate areas. He feels immediate vicinity as anything that can be seen in the immediate vicinity. In this area, there are a lot of uses other than R-1 and he does see this area as appropriate for this type of rezoning and this type of development on the lake. Mr. Klym looks at this the same as the Planning Commission.

Mr. Moran said that part of the things Council looks at is the Master Plan which is just a guide. This was also referred to Planning and he respects the job that they do. Many of them are long term residents of Rocky River as is Council. Council continued to listen, to visit and gathered all the facts. Council is trying to do the right thing to keep the city #1. There is no vote that is right or wrong, it is what Council feels is the best for the city and its residents.

Mr. Moran moved for passage of Ordinance No. 22-18, seconded by Mr. O’Donnell.

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

4 ayes 3 nays PASSED

ORDINANCE NO. 23-18 BY: JOHN B. SHEPHERD

AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO RENEW A CONTRACT FOR ONE (1) YEAR THE PURCHASE PRINTING SERVICES FOR THE CITY OF ROCKY RIVER FROM ADMIRAL PRODUCTS, INC. AS FURTHER DESCRIBED IN EXHIBIT “A”

3rd READING

This authorizes the administration to enter into a one-year contract with Admiral Product Services to provide printing services for the city. Admiral Product Services has done a good job for the city and this will be discussed further at the next two meetings. Mr. Shepherd moved for passage of Ordinance No. 23-18, seconded by Mr. Furry.

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

7 ayes 0 nays PASSED

ORDINANCE NO. 27-18 BY: JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO EXTEND THE AGREEMENT WITH FABRIZI TRUCKING & PAVING CO., INC. LAKEVIEW AVENUE HAMPTON ROAD (SOUTH) PROJECT AGREEMENT FOR ADDITIONAL PAVING WITHIN THE CONSTRUCTION ZONE ON HILLIARD BLVD. BETWEEN GASSER BLVD. AND WESTMOOR AT A COST NOT TO EXCEED $479,780.00

2nd READING

Mr. Shepherd said that there was money left over from the Hampton and Lakeview project, this ordinance would use up that funding and pave the part of Hilliard Blvd. as described in the ordinance title. Mr. Shepherd deferred further discussion to the next Committee-of-the-Whole Meeting. Rocky River City Council Legislative Meeting May 29, 2018 Page 10 of 12

ORDINANCE NO. 28-18 BY: THOMAS J. HUNT

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A SCHOOL RESOURCE OFFICER AGREEMENT WITH THE ROCKY RIVER CITY SCHOOL DISTRICT BOARD OF EDUCATION FOR THE 2018-2019, 2019-2020, AND 2020-2021 SCHOOL YEARS

2nd READING

Mr. Hunt said that this has been discussed for a few weeks. Mr. Hunt will defer further discussion to next week’s Committee-of-the-Whole Meeting.

ORDINANCE NO. 29-18 BY: THOMAS J. HUNT

AN ORDINANCE AMENDING THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, SECTION 139.01 OF THE POLICE DIVISION CODE ENTITLED “COMPOSITION”, AS FURTHER DESCRIBED IN THE ATTACHED EXHIBIT “A”

2nd READING

This is a companion ordinance to Ordinance No. 28-18. This will be discussed further at next week’s Committee-of-the-Whole Meeting.

NEW BUSINESS:

ORDINANCE NO. 30-18 BY: THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2018 DODGE CHARGER FOR THE POLICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM GREVE CHRYSLER JEEP DODGE OF VAN WERT AT A COST NOT TO EXCEED $26,288.00

1st READING

Mr. Hunt said there has been some question about the purchase of this vehicle. The city budgeted for three vehicles but will only be purchasing two at this point. This can be discussed more at next week’s meeting. Mr. Hunt will speak with the Chief and get more detail about this ordinance and the next.

ORDINANCE NO. 31-18 BY: THOMAS J. HUNT

AN EMERGENCY ORDINANCE AUTHORIZING THE SAFETY-SERVICE DIRECTOR TO PURCHASE ONE (1) 2018 FORD INTERCEPTOR FOR THE POLICE DIVISION UNDER THE STATE COOPERATIVE PURCHASING ACT FROM LEBANON FORD AT A COST NOT TO EXCEED $29,504.40

1st READING

Mr. Hunt will defer discussion on this ordinance until next week’s meeting.

RESOLUTION NO. 32-18 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”

1st READING Rocky River City Council Legislative Meeting May 29, 2018 Page 11 of 12

Mr. O’Donnell said that he anticipates three full reads and this is seeking council manic action for reimbursement for property maintenance that the city has provided through contractors to various properties in the city. These amounts represent accumulated unpaid costs from 2017. The property owners were billed these costs, but were never paid. The property owners will have the amounts assessed against the property. This will be discussed further next week.

RESOLUTION NO. 33-18 BY: MICHAEL P. O’DONNELL

A RESOLUTION ACCEPTING THE ALTERNATIVE TAX BUDGET INFORMATION OF THE CITY OF ROCKY RIVER, OHIO FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2019

1st READING

Mr. O’Donnell said that this resolution is the first pass of the 2019 Budget in summary form. It is required to be submitted to the County. The Finance Director goes through the budget and takes a first pass using the information that is available at the time. This will be discussed further next week.

ORDINANCE NO. 34-18 BY: JAMES W. MORAN

AN EMERGENCY ORDINANCE ESTABLISHING THAT ROCKY RIVER CITY COUNCIL SHALL RECESS DURING THE MONTH OF AUGUST IN 2018

1st READING

Mr. Moran said that for the last 20-30 years, the month of August has been used as a time that Council can take vacations. This will be discussed further at next week’s meeting.

RESOLUTION NO. 35-18 BY: JAMES W. MORAN

A RESOLUTION ADOPTING A COMPREHENSIVE GENERAL PLAN KNOWN AS THE 2018 ROCKY RIVER MASTER PLAN

1st READING

Mr. Moran said that Council received a copy of the 2018 Master Plan. Mr. Moran thanked Councilman Klym for attending all these meetings. This is a great guide and will be discussed further at next week’s Council Committee Meeting beginning at 6:30 p.m.

ORDINANCE NO. 36-18 BY: JOHN B. SHEPHERD

AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND SAFETY SERVICE DIRECTOR TO ENTER INTO A CONTRACT WITH TERRACE CONSTRUCTION COMPANY, INC. FOR THE 2018 WATER MAIN REPLACEMENT FOR HOMELAND DRIVE AND RIVERWOOD AVENUE, IN AN AMOUNT NOT TO EXCEED $958,607.10

1st READING

Mr. Shepherd said that the funding for these waterline projects are all reimbursed by the City of Cleveland Water Department. This was put out to bid and this will be discussed further at next week’s meeting.

MISCELLANEOUS BUSINESS: President Moran presented an outline for the next few meetings:

June 4th – The Planning, Zoning and Economic Development Committee Meeting at 6:30 p.m.

to discuss the Master Plan. Rocky River City Council Legislative Meeting May 29, 2018 Page 12 of 12

June 11th – Two Firefighters will be sworn in and Arborist Rich Snyder will be speaking at this

City Council Meeting. There will also be a CIC Meeting prior to the Legislative

Meeting.

PUBLIC COMMENT: NONE

As there was no further business by members of Council, the meeting was adjourned at 8:15 p.m.

________________________

James W. Moran Susan G. Pease

President of Council Clerk of Council