City Council

CITY HALL COUNCIL CHAMBERS Council Minutes April 29, 2024 The Council of the City of Shaker Heights met in a regular session at 7:01 p.m., Mayor David E. Weiss presiding. Council Members Present: Mrs. Moore Mr. Roeder Ms. Anne Williams Ms. Carmella Williams Ms. Bixenstine Mr. Claytor Mr. Malone Council Members Absent: None * * * * Video of this meeting may be found here through April 29, 2027. * * * * It was moved by Mrs. Moore, and seconded by Ms. Anne Williams, that the minutes of the special meeting of March 11, 2024, be approved as recorded. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried * * * * It was moved by Ms. Bixenstine, and seconded by Mr. Claytor, that the minutes of the regular meeting of March 25, 2024, be approved as recorded.  Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried * * * * Resolution No. 24-36, by Mrs. Moore, expressing appreciation to PATRICIA SPEESE for over twenty-two years of service to the City of Shaker Heights. Council member Mrs. Moore read aloud the resolution of appreciation to Public Works Director Patricia Speese for over twenty-two years of service to the City of Shaker Heights. Council member Mr. Malone thanked Director Speese and stated that it is hard to imagine the Public Works Department without her. She has always been responsive to residents, Council, and it is especially important that she never shied away from telling them difficult truths about aging infrastructure or the state of sewers. She then proposed feasible ways of addressing what looked like insurmountable problems, including her efforts on sustainability and finding grants. The City is lucky to have had her and he is grateful for her service. He will personally miss her and wishes her well in her next chapter. Council member Ms. Anne Williams thanked Director Speese for her service. She stated that it has been a pleasure working with Director Speese and wishes her the very best. Council member Mr. Roeder highlighted three main things about Director Speese. He acknowledged her work ethic. She always took his phone calls and replied to his texts. He also appreciated her sense of humor. All of Council appreciated that she understood the big picture and how to prioritize. That was critical. She and the Public Works team had the ability to present matters in an organized way to express what needed to be done now, and what to plan for in the future. That has been absolutely invaluable. We were back on our heels on some of these issues a number of years ago and now we have a more proactive stance with roads and sewers. He thanked her and wished her the best. Council member Mr. Claytor stated that he appreciates Director Speese’s spirit, comic relief and especially how she takes broad and difficult topics and makes them manageable for others to understand. She explains what is happening, why it is happening, and what we should do about it with options. All of Council will miss her. Council member Ms. Carmella Williams thanked her for all the big things that Council members have already mentioned, but stated that she would like to focus on the little things. Director Speese is a very busy person but there are times when she has reached out to her and even if she did not get a call back action was taken to get the matter resolved. Council will miss her. Mayor Weiss stated that he has had the opportunity on many prior occasions to extol Director Speese’s strengths and the incredible job she has done for over twenty-two years with the last nearly ten as Public Works Director. He added that she was tenacious in her ability to find dollars to help save the community tax dollars. They are all very appreciative of that. He noted for the record that in an industry that is Council Meeting April 29, 2024 Page 98 dominated primarily by men she was a force to be reckoned with in terms of her knowledge, ability, and dedication to get things done. She has broken new ground. He very much appreciates her, will miss her and wishes her the very best. It was moved by Mrs. Moore, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Resolution No. 24-36 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Resolution No. 24-36 be adopted as read. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Resolution Adopted * * * * The Mayor asked the Clerk of Council to read into the record public comments received by email or phone on agenda items. Clerk of Council Ms. Chaikin stated that no comments were received on agenda items by email or phone. The Mayor invited members of the audience and those participating via Zoom the opportunity to “raise their hand” to provide public comment. Bill Powel of 20200 North Park Boulevard stated that he would like to comment on the proposed overlay zoning ordinance on second reading. He appreciates Council’s attention to this matter over the last several months, the City Planning Commission’s work and staff developing this overlay process. Since there is a pending conditional use permit application submitted by John Carroll University (JCU) that will be heard by the City Planning Commission (CPC) on May 7, it is important for the public to understand the parallel processes at work which he is not sure have been made fully clear. It is possible that the CPC could approve the conditional use permit prior to the zoning ordinance having completed its third reading, public hearing and vote. He understands that the CPC approval would be subject to the Council approval. However, that needs to be made clear in the presentation. He would also like to ask about parking. The revised ordinance 1245.05(D)(4) provides that rental agreements require tenants to comply with JCU’s parking regulations and policies and that no parking is allowed in the overlay zone property unless it is assigned a space. He asked how this will be enforced and if JCU will submit to the City their tenant leases Council Meeting April 29, 2024 Page 99 to ensure the parking restriction is included. It is unclear from the language how this would be implemented. * * * * Ordinance No. 24-35, by Mr. Claytor, amending Section 1224.03, and enacting new Chapter 1245, of Part Twelve, of the Zoning Code, of the Codified Ordinances of the City of Shaker Heights, to amend the zoning text and map by creating an Off-Campus Student Housing (OCSH) Overlay District, allowing off-campus student housing as a conditional use in a multifamily zoning district, and including two Fairmount Circle properties in the new overlay district. (CPC). Senior Planner Daniel Feinstein stated that the first reading for this item was held on April 23, 2024 with a full presentation by staff, and it is now on second reading. This legislation is a response to Council’s consideration of earlier legislation proposed by John Carroll University (JCU) that was referred back to the City Planning Commission (CPC). The CPC and staff took further consideration of that legislation and proposed the ordinance before Council tonight. It was recommended for approval to Council by the CPC at their May 2, 2024 meeting. Zoning Code amendments, maps and text do require three readings by Council and a public hearing. He anticipates a third reading and a public hearing at the May 28, 2024 Council meeting. This legislation has changes recommended by the CPC and some requested as clarifications by JCU. Law Director William Ondrey Gruber stated that the memo distributed for this item shows the lists of changes that were made by the CPC through its vote, and those which staff is recommending be changed to clarify some items and get rid of superfluous language. We have taken comments from JCU and staff have had discussions on the issues raised by both the public and JCU to clarify some of the language. Council was given a draft of Chapter 1245 with these changes. The actual ordinance shows all of Chapter 1245 redlined as it is all new text. When it is presented on third reading they will ask Council to agree to those changes. Council member Mr. Malone asked about enforcement between private parties and if the City would have the ability to request the leases be submitted to make sure the provisions are included. Director Gruber clarified that this is different from City-owned land which is subject to a development and use agreement which provides ways for the City to look at various aspects and provisions to show compliance. This is not City-owned land and we are not developing it. It is JCU-owned property but they are going through the conditional use permit process. Through that process the members of the CPC and Council may ask that there be conditions or that there be additional requirements, including providing ways for us to get evidence of compliance once it is approved. We don’t typically have a process for proving compliance with each and every part of the Zoning Code, unless there are conditions. If we get evidence it is not then we can look into it and bring the matter back to the CPC. That is how we deal with issues such as the requirement for lease terms and the CPC can discuss this with JCU through the conditional use process on May 7, 2024. Mayor Weiss stated that this item would remain on second reading. * * * * Council Meeting April 29, 2024 Page 100 Ordinance No. 24-37, by Ms. Anne Williams, proclaiming May 2024 as Bike Month in the City of Shaker Heights to promote the many benefits of bicycling and encourage more people to try bicycling. Senior Planner Daniel Feinstein stated that the proposed resolution proclaims May 2024 as Bike Month in Shaker Heights which promotes the benefits of bicycling, and encourages more people to try bicycling. The League of American Bicyclists have made May nationally the Bike Month for 68 years and Shaker has done it the last four years. By doing this Shaker commits to participating in national and local events. We already participate in events like the Bike with the Mayor planned in August, with Bike Cleveland events, and others. Shaker has a long standing tradition of supporting and reinforcing bicycling for good health and the bonus that it is an environmentally sensitive way to get around the City. It has helped Shaker become a bronze level bicycle-friendly community. We are reapplying this year and part of that is this resolution. Council member Ms. Anne Williams read aloud the resolution proclaiming May as Bike Month in the City of Shaker Heights. It was moved by Ms. Anne Williams, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-37 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried Moved by Ms. Anne Williams, and seconded by Mr. Claytor, that Ordinance No. 24-37 be enacted as read. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 24-38, by Mr. Claytor, authorizing the acceptance of $8,500 in grant funds from the Cleveland Foundation for the 2024 Cleveland Foundation Summer Internship Program, and declaring an emergency. Principal Planner Kara O’Donnell stated that these grant funds from the Cleveland Foundation will be used to pay the salary of a temporary, full-time employee from May 29 through August 9, who will work Council Meeting April 29, 2024 Page 101 on the Recreation Strategic Plan, grants, the Landmark Commission, and any special projects which come along throughout the summer. This item is requested as an emergency with a suspension of the rules in order to adhere to the Cleveland Foundation’s summer internship schedule. Council member Mr. Claytor clarified that the funds will pay the salary of one intern. Ms. O’Donnell stated that the constraints are set by the Cleveland Foundation. It was moved by Mr. Claytor, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-38 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried Moved by Mr. Claytor, and seconded by Ms. Bixenstine, that Ordinance No. 24-38 be enacted as read. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 24-39, by Mr. Claytor, amending Ordinance 23-125, an ordinance appropriating funds for the Planning Department, by appropriating $259,500 for the Lee Road Storefront and Exterior Improvement Program, and declaring an emergency. Principal Planner Kara O’Donnell stated that Council approved an application for $150,000 for a Cuyahoga County Municipal Grant CDBG program, and $50,000 in the Cuyahoga County Supplemental Grant CDSG program. This item also requests $59,500 from the City capital budget for the parking pilot project which is one of the first things to be implemented as part of the Lee Road Action Plan. It was recommended a strategic first action to develop shared parking to enhance the district, improve safety, generate excitement, and create a highly visible impact. They want to close off the curb cuts so when we pave the road in 2027 those can be added into the landscaping as part of it. It is critical to do it before the street work to be efficient by removing paving while adding landscaping to the streetscape. This project includes focused project area storefront renovations paid for and managed through the Economic Development Department. A map included with this item shows the project area and proposed preliminary layout of the parking. The pilot project will increase pedestrian safety, improve business access and visibility, create more attractive building facades, add a landscape buffer, which will all build excitement about the upcoming public infrastructure investments we will be doing in a couple years. The Council Meeting April 29, 2024 Page 102 City is currently working with the property owners to execute the necessary agreements and easements required to do the shared parking within the district. The total project cost is estimated at $325,000 based on a preliminary plan. We are currently working on the engineering and have not gone out to bid yet. There are three buckets in total supplying the project. There are $200,000 in grants. There is a property owner cost of $59,500 which the property owners will share. We will pay the money and be reimbursed along with the grant funds. Then there is $65,500 currently in the General Capital budget for City facilities and repairs to take place on a City-owned parcel of parking as well as the right-of-way. This item is requested as an emergency with a suspension of the rules in order to move forward with bidding and construction this summer due to the timeframes mandated by the grant funds. The project must be substantially complete by September. Council member Ms. Anne Williams stated that this item was reviewed and unanimously approved by the Safety and Public Works Committee. There were several clarification questions asked as noted in the memo distributed for this item. She is excited about this first step in the Lee Road Action Plan. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. Council member Mr. Claytor stated that as a lifelong Moreland resident he appreciates the funding for the necessary renovations for the Lee Road Action Plan. It was moved by Mr. Claytor, and seconded by Ms. Anne Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-39 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried Moved by Mr. Claytor, and seconded by Ms. Anne Williams, that Ordinance No. 24-39 be enacted as read. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Ordinance Enacted * * * * Council Meeting April 29, 2024 Page 103 Ordinance No. 24-40, by Mr. Claytor, amending Section 141.22 of the Administrative Code of the Shaker Heights Codified Ordinances relative to Thornton Park Ice Rink Fees, and declaring an emergency. Recreation Director Alexandria Nichols stated that as part of the Recreation Department’s ongoing efforts to implement strategic fee changes, an ice rink fee study was conducted in 2024. Periodic review and adjustment of the ice rink fees allows the Recreation Department to ensure cost recovery through collected fees. The costs for full time and part time staff increase annually as do the costs for material and supplies. In addition, with every minimum wage increase, seasonal employee labor costs increase as well. Ice arena programs operate at an affordable cost to the community with the knowledge that the revenue does not cover the entire cost to operate all of our programs and services at the rink. There are financial assistance programs available to ensure that all youth from lower income families are able to participate in skating programs. When looking at the proposed fee changes, one important proposed change relates to public skating age categories. We want them to match the cost for admission and passes at the Thornton Park swimming pool. This will improve uniformity in pricing for different age brackets across the City and across the recreational facilities. Staff recommend individual passes are split into three different age categories: youth; adults; and seniors. They recommend senior couple passes be eliminated as was done for pool passes. Family passes are recommended to be added to the fee structure for a standard rate for up to four individuals and a rate for additional family members for families with larger than four family members. Public skating fees and pass fees are recommended to increase approximately by 10%. Keeping daily admission and rink passes affordable encourages participants in the Learn to Skate programs to practice their skills. It is recommended to charge the same for all Free Style sessions and to eliminate the morning and afternoon differences. Fees for both Free Style and Adult Drop In Hockey punch cards are based upon six visits to the rink for these programs. Proposed Learn to Skate fees are nominal but they do not recommend including skate rental fees in the cost for Learn to Skate. An increase of approximately 5% is recommended for the hourly rink rental for the different categories. Due to the hockey league fee increases and tiered ice times for different age groups, it is recommended that hockey fees increase as well. This item is requested as an emergency with a suspension of the rules so hockey registration can begin in early May. The remainder of the fees would take effect in fall 2024. Council member Mr. Malone stated that this item was reviewed and approved by the Recreation Committee. There was a lengthy discussion that was wide ranging. The fee increase is similar to what they did a few months back with respect to pool pass fees, standardizing and reducing the number of categories and raising the rates in a way that is consistent with what other cities are charging. They asked what it would cost if we charged the Shaker Heights hockey program which does not currently pay anything. It will not recoup the entire amount of the costs of operating a rink. Operating a rink is very expensive. Hockey is the only youth program that has a sport specific City employee. He hopes to address some of the bigger picture issues with the recreation study taking place. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. There was a question about the absence of fees assessed to the high school hockey team in an effort to understand the balance of the need to increase fees. Council member Ms. Bixenstine complimented Director Nichols and her staff for their research, thoughtful approach, and providing committees with comparison data of other municipalities. Director Nichols stated that although municipalities may not be compared apples to apples, it is helpful to share that information. Council Meeting April 29, 2024 Page 104 Council member Mr. Claytor asked about the City Free Style fees and proposed suggested changes between mornings and afternoons. He asked if we have an idea how many people skate in the mornings versus the afternoon hours since the fees are in effect increasing in the morning and being lowered in the afternoon. He asked how that will impact us financially. Director Nichols stated that as it relates to Free Style skating, which is for higher level skaters who do jumps, spins and a variety of technical skills, we do not want as many people on the ice during that time. The sessions are the same regardless of time of day which is why they have recommended having a flat fee for both sessions. They feel they will get the same number of skaters regardless of the time of day. It was moved by Mr. Claytor, and seconded by Mr. Malone, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-40 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried Moved by Mr. Claytor, and seconded by Mr. Malone, that Ordinance No. 24-40 be enacted as read. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 24-41, by Mrs. Moore, amending Section 159.07 of the Administrative Code of the Shaker Heights Codified Ordinances to gradually increase sewer usage fees over a period of four years. Public Works Director Patricia Speese stated that in 2014 there was a major flood. We did some emergency triaging and the General Fund supplemented the repairs. They developed a four-prong approach to address the sewers that are 100 years old and built for 50 years. We have addressed some of our sanitary sewer overflows. We have a program to improve the City’s sewers by neighborhood. Prior to any street resurfacing we check sewers and clean them to make repairs. We also have an extensive maintenance program. Council approved in 2019 the phased-in approach for increasing the sewer assessment based on a fixed fee and the mcf rate over four years. They would like to continue with the phased-in approach starting in May 2024. They have done over $21 million in improvements since the assessment was increased, $9 million of which was in grant funding. Council Meeting April 29, 2024 Page 105 Finance Director John Potts stated that during the budget season last year staff discussed presenting a phased-in approach this year to increase sewer fees to enable us to obtain additional debt financings and fund operations for a number of years with all of the projects that we have. We levy a fixed fee and a variable fee, which help pay for system maintenance, replacement, repair and some of the large projects. Prior to the sewer fee increase the General Fund was covering approximately $3 million a year in operations and debt service. The fund is currently at around $292,000 as of the end of last year. The current 10-year capital plan for sewers is almost $30 million. With the rates that were put in effect in late 2019 which are now completed, we obtained $8 million in debt financing for our large sewer projects, which equals $677,000 in annual debt service that is covered by sewer fees which come in. When these sewer fee increases end next month the fund will go negative in 2025 without increasing the fees. We would need to go back to the General Fund for contributions to the Sewer Maintenance Fund. Staff are proposing an increase that will begin next month and last for four years, similar to what was done four years ago. The monthly fixed fee would increase by $.50 per customer, per month, per year. The variable fee would increase by $2 per mcf, per month, per year. We would go from $10.50 to $12 with the fixed fee and from $14.50 to $20.50 with the variable fee. This means that in 2025 we would obtain debt financing for large sewer projects and use a $5 million bond to 2027 which would generate $525,000 in debt service to be paid. With the proposed increases the sewer fee revenues would go up for the next four years and the debt service goes up, but we obtain an additional $5 million for sewer projects. Our reserve will gradually get back near 20% which is important for any unexpected repairs. Council member Ms. Anne Williams stated that this item was reviewed and unanimously approved by the Safety and Public Works Committee. One of the questions raised was whether we could charge our residents for the work that was done in front of their homes. The work done is from the test tee to the street which is the City’s property and responsibility. Council member Mrs. Moore stated that this item was reviewed and approved by the Finance Committee. There are three assumptions: we are voluntarily rebuilding our sewer system; we are paying for the issuance of debt through sewer user fees; and we are in the process of eliminating sanitary sewer overflows (SSOs) without having to face a federal consent decree. Based on that there were two questions. They asked about the average price increase for Shaker residents which is approximately $15/month based on the average usage of 2 mcfs per household. An agreement that proactive measures are being taken to rebuild the sewers are better than facing a federal consent decree as several of our neighbors. They also asked if we were ever noticed by the federal government that we were at risk of a potential consent decree. The answer is yes, but the impetus was to acknowledge that after the 2014 storm that we had work to do if we did not want face another such negative impact on residents. Council member Mr. Malone thanked Director Speese and Director Potts for providing a comparison to other Cuyahoga County cities. It was helpful to see how other municipalities are addressing this problem. Council member Mr. Roeder asked about the consent decree. Director Speese stated that right after the 2014 flood we started working on SSOs. Law Director William Ondrey Gruber stated that the federal government started addressing large communities and then moved to the smaller communities. Basically they approached Shaker Heights to see if we would agree to the changes and the improvements they were looking for us to do without giving us a timeframe and we agreed. Some cities which declined ended up having a consent decree. Council Meeting April 29, 2024 Page 106 It was moved by Mrs. Moore, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-41 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 24-41 be enacted as read. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 24-42, by Mrs. Moore, authorizing an amendment to the contract with The Martini Construction Company for the City Hall Coal/Storage Room and Window Well Stabilization Project, as an urgent emergency in order to protect public property and safety, approving additional work needed to complete the project, at the cost of $72,184.39, for a total project cost of $511,509.39, and declaring an emergency. Public Works Assistant Director Christian Maier stated that in November 2021 our City engineer GPD determined that there were structural deficiencies in the coal storage room at City Hall. We braced it with mechanical shoring and tasked GPD to create a detailed design to permanently stabilize the coal room. In March 2023 they completed the design and bid the project shortly thereafter. In the late summer of 2023 we awarded the project in the amount of $439,325. As it started to progress some parts were needed that were not anticipated during design which the contractor did not bid on nor were part of the initial plans. The work needed to be done so they were entitled to additional compensation. The City engineer and Public Works reviewed each additional cost which they found to be fair and reasonable. The columns beneath the City Hall entrance were not supported. The engineers could not have realized this during design without some demolition and the additional cost was $27,164.50. In an effort to minimize the inconvenience to staff and City Hall visitors we requested they accelerate the project by working overtime and weekends. The cost associated amounted to $35,815. They also had to buy additional fans and heaters to complete the project in a timelier manner, at a cost of $6,550.89. During the estimation and later demolition they realized a portion of the brick masonry wall in front of City Hall was not supported which the engineers could not have known. That additional cost was $2,654. The total additional costs were $72,184.39. Some of the costs were negotiated when we felt the contractor was not providing a fare cost. The revised project cost is $511,509.39 and there are remaining funds specific to the coal room and from other projects that have been completed but were under budget to pay these costs. This item is requested as an emergency with a suspension of the rulers so the project may be closed out in a timely manner. Council Meeting April 29, 2024 Page 107 Chief Administrative Officer Jeri E. Chaikin added that we had to close City Hall to the public and employees for two weeks due to jackhammering. Public Works staff were often stationed outside to escort City Hall employees and the public to ensure safety so there was a lot of extra work. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. It was moved by Mrs. Moore, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-42 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 24-42 be enacted as read. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 24-43, by Mrs. Moore, Authorizing a Vision Fund forgivable loan in the amount of $100,000 to The Mannik & Smith Group, Inc. to assist in the expansion and buildout of their offices at Tower East, 20600 Chagrin Boulevard, and declaring an emergency. Economic Development Director Laura Englehart stated that this item requests approval for a forgivable Vision Fund loan in the amount of $100,000 to assist in the build out of expanded offices for Mannik & Smith Group. The City created the Vision Fund loan program after adopting an Economic Development Plan in 2010. Staff reviewed that program during the Lee Road Action Plan process and both plans recommended providing tenant incentives to make it financially feasible for professional businesses to locate offices in Shaker Heights and to expand here. The new income tax revenue from office workers helps to diversify the City’s income tax base by increasing commercially generated income tax to the City. The Vision Fund loan incentive is structured as a forgivable loan and used to defray the costs of relocation or expansion. The loan amount may not be more than 50% of the new income tax revenue that is projected to come to the City over the lease term of the business. The business must commit in its agreement with the City to remain within Shaker Heights for at least double the amount of time that it takes for the City to recoup its investment so that we are recouping our return on investment and making sure the business can stay, grow and thrive here, and continue to generate revenue for the City. Only new Council Meeting April 29, 2024 Page 108 income taxes are credited to loan forgiveness. Ultimately the loan is forgiven as new income tax comes in. In the case of an expansion there are already employees that are here generating income tax. A new Vision Fund loan will only look at new income tax from new employees generated as the business expands here. The current income taxes are not part of the expanded vision loan process. Funding for the Vision Fund loan program comes from the City’s Economic Development and Housing Reserve Fund. Funding was appropriated for the 2024 budget for this purpose. Mannik & Smith are looking to expand in Tower East. They currently take up 8,100 sq. ft. and would like to expand into the entire fifth floor of the building, over 13,500 sq. ft. They are an engineering and design firm with 17 locations in 4 states, including Shaker Heights, and other locations in Ohio. They expect to more than double their employee headcount in the Shaker Heights location. Their projections show they will add 50 new employees over the next 5 years. They have been in Shaker Heights since 2018. At that time they signed a 10-year lease. This amended lease agreement will allow them to expand and add these employees while extending the lease term for an additional 2 years with an option for the company to extend it an additional 5 years at their choosing, through 2035. The lease is contingent upon approval of the $100,000 forgivable loan from the City to be invested in the build out of the expanded offices. We expect that with the new employees added over the next 5 years we will recoup the investment of $100,000 in approximately 3 years. It is a 7- year confirmed lease term with the additional potential 5 years in the option. This item is requested as an emergency with a suspension of the rules so that the build out may begin immediately. Council member Mr. Claytor stated that this item was reviewed and approved by the Neighborhood and Economic Development Committee. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. Council member Ms. Bixenstine stated that this is a worthwhile program to encourage economic development and commercial development in our City. She asked about the anticipated additional income tax revenue, how we calculate it and what due diligence the City does to ensure the projections are reasonable. Director Englehart clarified that the amount the City may offer can be no more than 50% of the projected withholdings. The projected withholdings here are significantly more than half of what we are offering. The loan amount is $100,000 and based on data from the company we are projecting the City will receive approximately an additional $600,000 in withholdings over the life of the remaining term for this particular loan. We specifically have conversations with the company for them to show us their track record and history and that they have met beyond what they have said for the last five years in Shaker Heights. They show us their projected hires and the timeline for those with the anticipated withholdings as salaries increase and more jobs become part of the payroll. Council member Ms. Bixenstine asked what happens in a downturn in the economy when projections are no longer reasonable. Director Englehart stated that we enter into a loan agreement with the company which stipulates they commit to a number of jobs and the payroll they have indicated. There is a claw back provision in which the City can at the end of the term if it is not met recoup the remaining funds that have not been forgiven. We may also choose to extend the loan depending on the unique facts and circumstances. Council Meeting April 29, 2024 Page 109 Council member Mrs. Moore stated that it wasn’t that long ago that Tower East was basically empty. There were a number of repairs and renovations that were needed and we could not find tenants. It is a notable landmark designed by Walter Gropius. It wasn’t until E2G took over the management of the building and grew their own business while fixing the problems in the building that we were then able to take the economic development incentives and make those viable for other businesses. This is a success story. This is the second Vision Fund loan being proposed for them with the first loan paid off. This is a testimony to their rapid expansion. It is great to celebrate the success of a virtually empty building now viable for economic development. Director Englehart stated that the current owners of the building have been reinvesting into the property and renovated the majority if not all of the common spaces. They are slowly building out the small number of offices that remain available. The landlord is providing tenant incentives and will be doing the build out themselves for this particular expansion. Mayor Weiss added that Director Englehart has been working on this for quite a while and deserves a lot of credit for guiding the parties to an agreement that economically works for both of them and works better for the City as well at the end of the day. We were able to bridge the gap that the parties couldn’t reach and in the process extended the lease so that it is a longer term commitment of the company to Shaker Heights. It is a win-win-win situation. We are very pleased to be at this point. Council member Mr. Malone asked if the City has tracked down businesses who have failed to pay to recoup most if not all of the funds. Director Englehart stated that there has been one business under the Vision Fund loan program and one under a separate program that did not fully meet obligations and they were fully repaid. Council member Mr. Claytor asked about repayment coming from new income or new employees and if that includes employees being promoted. Director Englehart responded yes; however, we simplify the calculations per conversations with the Director of Finance by setting a baseline threshold based on the full amount of income taxes from the last calendar year and anything above that can be credited toward forgiveness so we are not mincing who got a raise last year. We are looking at the overall benefit to the City as opposed to thinking individually about whether someone had a 2% cost of living adjustment. It was moved by Mrs. Moore, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-43 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 24-43 be enacted as read. Council Meeting April 29, 2024 Page 110  Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 24-44, by Mr. Claytor, authorizing a contract with Online Solutions, LLC for a one-year period from July 2024 through July 2025, for the continued use and expansion of the CitizenServe online platform in the total not-to-exceed amount of $42,000, without competitive bidding as a sole source. Building and Housing Director Kyle Krewson stated that the City has been using CitizenServe since 2019. We followed a competitive selection process at the time in collaboration with the First Suburbs Consortium. We are now using CitizenServe 100% for all activities in the Building and Housing Department as of last year, including permits, licenses, registrations, code enforcement activities, nuisance property enforcement, compliance enforcement actions and administration of the City’s land bank. As of a couple weeks ago the Planning Department is beginning to use it for their boards and commissions starting with the Architectural Board of Review. Several other departments use the platform as well that crossover into actions for which the Building and Housing Department is responsible. The Finance Department is using it to track escrow accounts for point-of-sale inspections. The Police Department is using it to search records. The Fire Department and Public Works Department use it for plan reviews. He anticipates adding a few more users with the Planning Department participation. There is a $1,200 annual per user cost so they anticipate $37,200 in subscription costs this year, which has already been budgeted. He also anticipates an additional $2,000 to $4,800 one-time cost for further integration of the platform with county fiscal data records. Those funds are also already allocated in the Information Technology Department capital budget. The total annual savings is in the ballpark of $35,000, the bulk of which is through attrition. They were able to eliminate a position through attrition, but there are other savings by eliminating other databases they were using. They are now completely paperless with internal processes. This item is requested with a suspension of the rules. Council member Mr. Claytor stated that this item was reviewed and approved by the Neighborhood and Economic Development Committee. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. It wasn’t that long ago when Council would receive complaints from residents and businesses who wanted an online service for inspections, but at that time the process required an inspector to come out, write a paper report to be translated by staff so the information could be provided to the person requesting it. It wasn’t until Director Krewson came on board that we were able to implement the online process. It is not just Shaker Heights that benefits, but all the first suburbs who joined the CitizenServe platform. It is a regional benefit and asset. She thanked Director Krewson for his work on this program. It was moved by Mr. Claytor, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-44 be placed upon its final enactment. Council Meeting April 29, 2024 Page 111  Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried Moved by Mr. Claytor, and seconded by Ms. Bixenstine, that Ordinance No. 24-44 be enacted as read. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 24-45, by Mrs. Moore, authorizing a Purchase and Development and Use Agreement with GLH, LLC, for the sale of eight City-owned properties in the Moreland neighborhood at 3367, 3378, 3382, 3388, 3390, 3391, 3393 Sutton Road and a Vacant Lot at Sutton Place (Parcel Number 735-12-007), for a purchase price of $1.00 for each property, for the construction of new homes, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. Neighborhood Housing Specialist Brendan Zak stated that this item is a request to purchase five development sites consisting of eight parcels to build five single-family homes. Last year the applicant purchased two parcels on Hildana Road to build two single-family homes. Construction for those homes is about to start and expected to hit the market this fall. This current application is for development sites located on Sutton Road. Sites four and five previously held side by side duplexes with a parcel line down the middle. These two sets of parcels will be consolidated to be large enough to be built upon and all associated costs will be paid by the developer. The other three development sites are ready for development. The developer plans to submit this request to the Architectural Board of Review (ABR) and City Planning Commission (CPC) this summer with construction to begin this fall if approved. The developer will host a community meeting before meeting with the CPC to ensure any neighborhood concerns are heard and addressed before construction begins. As part of the CPC review the developer will submit a landscape plan showing how any trees disturbed or removed from the land will be replaced and the developer will have to plant a street tree if there is not one present in front of each site. The five homes will be built concurrently and financed through the developer GLH. GLH has years of experience, including scattered site infill, housing rehabs, and building new subdivisions. The proposal is consistent with the City’s housing plan, the City is not holding these lots for strategic purposes, and staff considers the construction of infill homes an improvement over the City maintaining vacant land. In addition if the proposal is approved this will complete the street. All City-owned vacant parcels will have an end use as Knez Builders have the other vacant parcels under contract. Staff sends a notification to surrounding homes before infill housing proposals go before any committees or Council to request feedback or Council Meeting April 29, 2024 Page 112 concerns. At this time we have not received any responses. This item is requested as an emergency and suspension of the rules to expedite the sale of these properties and reduce City resources in maintaining vacant land. GLH Vice President of Building Operations Ron Carson is present for any questions. Council member Mr. Claytor stated that this item was reviewed and approved by the Neighborhood and Economic Development Committee. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. Council member Mr. Malone stated that he supports this but noted a question was raised about the $1 price. Mr. Zak stated that there are 59 cities in the county and different ideas in all of them. He believes we should have a few more internal conversations before discussing anything publicly. Staff are still researching what other cities are doing. Council member Ms. Carmella Williams stated that she appreciates his work on the infill program. She asked if staff will circle back to residents since there was no feedback with the initial notification. She also asked if residents on that street and in that area are notified or if it is limited to those immediately adjacent to the project. Mr. Zak stated that when we receive an application, letters go out to properties that are five parcels north and five parcels south, across and behind. With a proposal this large, he sent it to every single unit on Sutton Road and those that back up to Sutton requesting feedback. When it goes to the CPC, Planning staff send notifications regarding that and then he sends another notification before construction starts. In total neighbors get three letters. With any proposal larger than two single-family homes on one street we require a community meeting before it goes to the CPC. Council member Mr. Claytor stated that while he supports this motion he will abstain from the vote due to an abundance of ethical caution from a personal relationship. Council member Mrs. Moore stated that Transit Village was crafted by multiple departments during the mortgage foreclosure crisis when many homes on Sutton Road were demolished because the cost of renovating them was in excess of market value. The City was concerned and hoped that the market would respond. Here we are 15 years later with cause for celebration. She is looking forward to the house tours when the new builds are completed. It was moved by Mrs. Moore, and seconded by Mr. Malone, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-45 be placed upon its final enactment. Council Meeting April 29, 2024 Page 113  Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Malone Abstain: Mr. Claytor Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Malone, that Ordinance No. 24-45 be enacted as read. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Malone Abstain: Mr. Claytor Nays: None Ordinance Enacted * * * * Ordinance No. 24-46, by Mr. Claytor, authorizing the City’s acceptance of a $45,757.05 Edward Byrne Memorial Justice Assistance Program Grant from the Ohio Office of Criminal Justice Services (OCJS) of the Ohio Department of Public Safety, and the purchase of a V-100 Portable Training Simulator from VirTra, Inc., as a sole source, for the Police Department, and declaring an emergency. Police Commander Tim Kohanski stated that the Shaker Heights Police Department application for the Justice Assistance Program Grant has been approved by the Ohio Office of Criminal Justice Services (OCJS) in the amount of $45,757.05 to purchase a VirTra V-100 portable training simulator. The total cost is $74,707.34 and the remaining $28,950.29 will be paid from the Police Department Law Enforcement Trust Fund. The VirTra V-100 portable simulator is a one-screen comprehensive decision making training solution that translates into real world survival skills. The VirTra training simulator is a progressive, science-based approach with the use of simulation as a training system. The program materials included will be teacher lesson plans, student outlines, presentation materials, a laptop computer, screen projector, and all related equipment. The full execution of this agreement is recommended within 45 days of the date awarded of April 4, 2024 by the OCJS Executive Director. Due to the time constraints of this award the recommendation was bypassing the presentation of this item to the Safety and Public Works Committee. This item is requested as an emergency and a suspension of the rules due to the time constraints. Police Sergeant Tom Clementi stated that the VirTra V-100 is a portable system with a 7 foot by 12 foot screen operated by lasers and sensors that judges where someone is and what they are doing with shock placement. They are trying to create a real world scenario that brings the officer to the level they would see on the street. That is very difficult to do in any scenario based training or on the range. They may Council Meeting April 29, 2024 Page 114 send a vibrating shock the trainer can control to officers to experience scenarios in training that will translate to their experience on the street. If they make a mistake there is a consequence with a slight vibration shock. They train with less lethal or non-deadly weapons. This is the only system where they can use a taser or spray to get immediate feedback if they perform well and gain compliance through a non-deadly weapon. This is absolutely revolutionary and will put them at a level of an elite police department for which everyone should strive. The curriculum allows them to train and educate officers in areas of autism, and de-escalation, duty to intervene, police tactics, human performance, etc. They don’t get that with any other simulator or training system. This will make them better, confident and competent officers on the street. This is also a great community engagement tool. They are always trying to educate the public on what they do, how, and why. This is portable and they can set up a demonstration for the public to see what scenarios officers really face. It is a win-win for the Police Department, and for the community. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. She requested a demonstration for Council. Council member Mr. Malone asked about maintenance and costs for the equipment and hardware as well as the shelf life. He also asked if other agencies use this equipment. Sergeant Clementi stated that we can buy it without doing anything additional, but he recommends a warranty for maintenance. Law enforcement changes every day. Cuyahoga Community College uses this, Lake County Sheriff’s Department, Kent State University, and the Warren Police Department shares one which is hard wired. Council member Ms. Carmella Williams asked if the costs include a subscription and if the simulator software is upgraded. Sergeant Clementi stated that the software is upgraded. We may buy the subscription for the year. He recommends we do as law enforcement is always changing. Laws change and tactics change. We want the best, most confident and competent officers. Council member Ms. Bixenstine commended Police Chief Wayne Hudson and the Police Department for using these trust funds to purchase training tools that are best in class and software that are models for them to ensure our Police Department is best in class. It was moved by Mr. Claytor, and seconded by Ms. Carmella Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-46 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried Council Meeting April 29, 2024 Page 115 Moved by Mr. Claytor, and seconded by Ms. Carmella Williams, that Ordinance No. 24-46 be enacted as read. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 24-47, by Mrs. Moore, authorizing the acceptance of an $82,358.40 grant from Office of Criminal Justice Services (OCJS) of the Ohio Department of Public Safety, for the replacement of body worn camera equipment for the Police Department, and declaring an emergency. Police Commander John Cole stated that the Police Department body worn cameras are aging being five years old. Last year the vendor gave us a price of $149,836.80. We found a grant from the Office of Criminal Justice Services (OCJS) of the Ohio Department of Public Safety in the amount of $82,358.40. The Law Enforcement Trust Fund will cover the remaining cost of $67.478.40. They have been maintaining the body worn cameras and will use this grant to upgrade or replace some of the cameras as they fail and put this on hold until the 2025 capital budget. Due to the deadline constraints they were not able to present this item to the Safety and Public Works Committee. This item is requested as an emergency with a suspension of the rules. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. It was moved by Mrs. Moore, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-47 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 24-47 be enacted as read. Council Meeting April 29, 2024 Page 116  Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 24-48, by Mrs. Moore, amending Ordinance 23-115 making appropriations for the current expenses and other expenditures of the City of Shaker Heights, Ohio for the year ending December 31, 2024, as amended by Ordinances No. 24-01 and No. 24-33 to amend appropriations in Fund No. 101, the General Fund, by appropriating an additional $8,500 in the personal services account of the Planning Department operating budget, and an additional $128,115.45 in the other expenses account of the Police Department operating budget, and declaring an emergency. Finance Director John Potts stated that this item is for the appropriations for the internship program in the amount of $8,500, the VirTra simulator in the amount of $45,757.05, and the body worn cameras in the amount of $82,358.40. Council member Mrs. Moore stated that this item was reviewed and approved by the Finance Committee. It was moved by Mrs. Moore, and seconded by Ms. Carmella Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-48 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Ms. Carmella Williams, that Ordinance No. 24-48 be enacted as read. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Ordinance Enacted * * * * Council Meeting April 29, 2024 Page 117 Ordinance No. 24-49, by Mrs. Moore, authorizing the execution of Then and Now Certificates by the Director of Finance and the payment of amounts due for various purchase orders, and declaring an emergency. Finance Director John Potts stated that the Finance Department does a check run every two weeks. Since the Finance Committee meeting a few more Then and Now Certificates have popped up. It was moved by Mrs. Moore, and seconded by Ms. Anne Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-49 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Ms. Anne Williams, that Ordinance No. 24-49 be enacted as read. Roll Call: Ayes: Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mr. Malone Nays: None Ordinance Enacted * * * * The Mayor asked the Clerk of Council to read into the record public comments received by email or phone on other items. Clerk of Council Ms. Chaikin stated that no comments were received on other items by email or phone. The Mayor invited members of the audience and those participating via Zoom the opportunity to “raise their hand” to provide public comment. No comments were offered. * * * * Council Meeting April 29, 2024 Page 118 There being no further business before Council, the Mayor adjourned the meeting at 8:56 p.m. _________________________________________ DAVID E. WEISS, Mayor _________________________________________ JERI E. CHAIKIN, Clerk of Council Council Meeting April 29, 2024 Page 119