Rocky River City Council Minutes_03.19.2018


March 19, 2018

The meeting of the Committee-of-the-Whole was called to order by Mr. Moran, President of Council, immediately following the Public Hearing 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, Director Costello

Law Director: Mr. Bemer

The meeting was opened with the Pledge of Allegiance.


The Mayor reported that former Councilman David J. Cook passed away last week. His Memorial Service will be held at Rocky River Presbyterian Church on Saturday, March 31, 2018 beginning at 11:00 a.m. The Mayor informed the audience that the Council Chambers were named for Dave upon his retirement from Council. He was a Councilman for 27 years, 8 years as President. He was an engineer, an attorney and started the first free speech series and exchange with Volgograd, Russia with the City Club. His family continues to live in Rocky River. Dave would send letters regarding good ideas for Rocky River that he discovered on his travels. He had a deep love for this community and the Mayor said he will be missed.

The City of Rocky River will be hosting the Westshore Mayors along with the Senior Directors at the Senior Center tomorrow. This meeting will be with the head of the Department of Senior and Adult Services for the County along with County Councilwoman Baker. There are several county programs that the Senior Center has access to that will be discussed along with how these programs might better meet the needs of our residents.

The Mayor welcomed Mr. Chris Grau today, the new Municipal Information Technologist (MIT). Chris worked for the City of Westlake for several years and most recently worked for Gilmore Academy working on an IT project that was completed well in advance of the time frame given. He is very knowledgeable about software systems that the city runs, i.e., firehouse software, my senior center software, the recreation software and the police department software.

This Thursday is the State of the City being presented at the Chamber of Commerce Luncheon beginning at 11:30 a.m. at Westwood Country Club.

This Saturday and Sunday will be the Recreation Ice Show. This is always well attended so arrive early or purchase tickets in advance.

Next Monday morning the airport is having a Suburban Mayors and City Council Member meeting. Councilman Furry and the Mayor will be in attendance.

COMMITTEE REPORTS: Councilman Klym reported on the Parks and Recreation Commission meeting last Thursday morning. The Civic Center and the pool area have had very good usage with Silver Sneakers and a new program called Unity which provides insurance reimbursement for memberships. Mr. Klym also reported on improvements at Rocky River Park including a new roof on the restroom facility along with new flooring, new fixtures, dry wall and painting. New picnic tables will also be added throughout the year. There will also be a fundraiser for the new pavilion project at Rocky River Park on April 19th from 6:00 – 7:30 p.m. at the Cleveland Yacht Club. This will raise funds specifically for the Parks and Recreation Foundation, the 501c3 Foundation in order to help support this project. The Foundation is looking to raise another $125,000 to complete this project.

The Pickleball Courts will also be moving forward at Tri-City Park.

President Moran announced a Planning Commission Meeting this Thursday evening in Council Chambers beginning at 7:00 p.m. to discuss some building issues. Mr. Bemer said that there is a Public Hearing regarding the Raising Cane Chicken and car wash proposed for Center Ridge. The agenda for the Planning Commission Meeting includes the Vitality Bowl Café, the Big Bear Remodeling, Inc. and a lot split on Avalon.


ORDINANCE NO. 81-17 and 82-17: Mr. Shepherd said that these ordinances are being held waiting recommendations and reports from the Cuyahoga County Mayors and Managers Association regarding their sample legislation on Airbnb’s and Boarding Rooms. Mr. Bemer asked the City of Cleveland Assistant Law Director last Thursday for a copy of Cleveland’s legislation and that was received on Friday. Mr. Shepherd said that a resident in the audience tonight is here because of noise disturbance once again in her neighborhood from an Airbnb. Mr. Sindelar would like to see this legislation finalized.


Shepherd said that all these ordinances have been referred to the Planning Commission and Council is waiting for their report to come back.

ORDINANCE NO. 93-17: This ordinance is on indefinite hold regarding the wireless telecommunication units. Council is waiting for state legislation so the city can coordinate the regulation with the state legislation.

ORDINANCE NO. 106-17: Mr. Sindelar said that the parties seeking the change in the rezoning have pulled this request. They will remove the estate property and have other members sign properly the application and/or requests. The whole process will begin again.

  • The Mayor asked Mr. Bemer if this will be a brand new ordinance. Mr. Bemer said that it is his understanding that this ordinance be postponed indefinitely and they will start over again.
    • Mr. O’Donnell asked if there would be two more Public Hearings regarding the new ordinance. Mr. Bemer replied yes. The letter specifically excluded the common area of the Breezevale Trust Properties, which constitutes a substantial change.

ORDINANCE NO. 4-18: This ordinance will be withdrawn and a new ordinance will be presented to Council in about a month and a half for a brand new fire engine with about a nine-month build-out.

ORDINANCE NO. 14-18: Mr. Furry said this has been read twice. The management review committee sent out RFQ’s and received seven responses. The packets have been reviewed, scored and ranked by Director Costello, Kim Kerber from McKay, Jim Smolik from Westlake and an engineering representative for Bay Village. The screening team determined that the firm of Hazen and Sawyer was best and Superintendent Rosemark negotiated an agreement and received an approval for that agreement. It is a two-year agreement going through 2019. AECOMM will be retained to complete the 2017-2020 Capital Project schedule. This contract is more expensive than AECOMM but Hazen and Sawyer will be providing far more services including monthly on-site meetings and bi-weekly conference calls and the additional charges were approved in the WasteWater Treatment budget.

ORDINANCE NO. 15-18: Mr. Klym said this has been read twice. Director Mehling and Mr. Balla gave a nice presentation regarding the need for the new roof and what the project constitutes at the ice rink. Mr. Klym will check if there are any unresolved finding in the State Auditor’s Database. Mr.

Mehling mentioned at the Parks and Recreation meeting last week that the equipment will be staged behind the ice rink. All near-by residents will be sent a notice regarding construction. This project will begin this spring.

ORDINANCE NO. 16-18: Mr. Shepherd said that this is the idling noise ordinance that will be read for the second time next week. This is concerning vehicles over 7,000 lbs. idling longer than 5 minutes. Mr. Shepherd said it is conditioned that at any time of day that a noise disturbance is being created across a residential boundary and it excepts traffic congestion situations and unloading perishables.

  • Mr. Furry asked if this is what is known as a “jake brake”? The Mayor said no. A jake brake is

ORDINANCE NO. 17-18: Mr. Sindelar said that this is for the purchase of a 2019 Jeep Cherokee for the Office of the Mayor. This will be purchased from the State of Ohio Cooperative Purchasing Program. This will replace a 2007 Ford Focus that will be transferred to the Building Department. A 2007 Ford Focus was taking out of service due to significant deterioration on the framework. This will be read two more times.


ORDINANCE NO. 18-18: Mr. Furry stated that this is a renewal of a Memorandum of Understanding between the Cuyahoga Soil and Water Conservation District and the City of Rocky River and was necessitated by the NPDES Storm Water Phase II Permit. This is PIPE or Public Information Public Education that the Soil and Water Conservation District will help the city with. The cost of this is

$5,500/annually. This will have three full reads.

ORDINANCE NO. 19-18: Mr. Furry stated that this is a companion piece to Ordinance No. 18-18. This is also a renewal of a Memorandum of Understanding between the Cuyahoga Soil and Water Conservation District and the City of Rocky River necessitated by the NPDES Storm Water Phase II Permit. This is more technical expertise and assistance for construction projects for projects greater than an acre and will also provide post construction stormwater management. The Cuyahoga Soil and Water Conservation District will also provide technical assistance on best practices, sound storm water management and protection of sensitive stormwater management. This will cost $11,330.  This will have three full reads.

MISCELLANEOUS BUSINESS: Mr. Klym added that there is a website that details the Pavilion Project at Rocky River Park. The website is: There are pictures online of the proposed pavilion. Donations will also be accepted at It is 501c3 entity and the donation will be tax deductible. The Mayor added that one of the donors for the Pavilion Project was Mr. W. B. Smith who also served on City Council for several years with David Cook. He left a generous allocation in his estate to be donated to the Parks and Recreation Department and his family chose this project for his donation. The Mayor thanked Mr. Smith’s family.

President Moran also wished a Happy Birthday to Councilman Sindelar and Councilman Shepherd.

As there was no further business by members of Council, President Moran thanked everyone for attending this evening’s meeting. The meeting was adjourned at 7:30 p.m.

Jim O'Bryan

Publisher of the Lakewood Observer. President of AGS Software, and considered by many to be the father of modern civic journalism.

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