City Council

Council Minutes September 23, 2024 CITY HALL COUNCIL CHAMBERS The Council of the City of Shaker Heights met in a regular session at 7:00 p.m., Mayor David E. Weiss presiding. Council Members Present: Mr. Claytor Mrs. Kaus Mr. Malone Mrs. Moore Ms. Anne Williams Ms. Carmella Williams Ms. Bixenstine Council Members Absent: None * * * * Video of this meeting may be found here through September 23, 2027. * * * * It was moved by Ms. Anne Williams, and seconded by Ms. Carmella Williams, that the minutes of the regular meeting of August 26, 2024, be approved as recorded. Roll Call: Ayes: Mr. Claytor, Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried * * * * The Mayor asked the Clerk of Council to read into the record public comments received by email or phone on any of the 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. No comments were offered.  * * * * Ordinance No. 24-91, by Mr. Claytor, designating the East View United Church of Christ building at 17300 Van Aken Boulevard as a Local Landmark pursuant to Section 1213.10 of the City’s Zoning Code. Planner Anna Mates stated that the Cleveland Restoration Society submitted a local landmark designation request to the Landmark Commission for 17300 Van Aken Boulevard, the former Heights Christian Church which is now East View United Church of Christ. The Cleveland Restoration Society (CRS) prepared a history of the property that serves as the designation report, and based on this report the Landmark Commission determined that the property met five of ten possible designation criteria. At its June 26, 2024 meeting, the Landmark Commission recommended designation of 17300 Van Aken Boulevard as a local landmark. The City Planning Commission approved the proposed designation at their August 6, 2024 meeting. The Landmark Commission held a public hearing at the August 28, 2024 meeting and at its regular meeting following the public hearing the Landmark Commission recommended forwarding the designation request to City Council for approval. The former Heights Christian Church, now home to East View United Church of Christ, was designed by architect Junior W. Everhard and constructed in four phases over nearly thirty years. Church members organized a visit from Dr. Martin Luther King Jr. during his visit to Cleveland in 1965. His visit to the church was only his second appearance in a Cleveland suburb and it drew opposition from a large group of the congregation. Unwelcome inside the sanctuary, Dr. King spoke on the church porch to a crowd of thousands on July 28, 1965. The criteria for designating a local landmark are set forth in the City’s codified ordinances. In determining whether or not to adopt legislation recommending the designation of a landmark the Landmark Commission must determine whether the proposed landmark meets one or more of ten possible designation criteria. Based on the historic designation report, the Landmark Commission determined the property met five of ten possible criteria. The church is the site of a historic event, which contributed to the legacy of the former Heights Christian Church, now East View United Church of Christ. The congregation and the community made an impact on the social, cultural and historic heritage of the City. Dr. King’s visit to the church has impacted the Shaker Heights community and the legacy of the church and its value in a diverse community. Pastor Jeremy Wanton and the current East View congregation are seeking landmark status because they appreciate the legacy of the building and the important event that took place on its grounds when Dr. Martin Luther King Jr. came to speak. This landmark designation was recommended for approval by the Landmark Commission. Council member Mrs. Moore stated that East View United Church of Christ requested the Landmark Commission consider this designation. They are very proud to call this their home and the Landmark Commission was also proud to present this request to City Council. It was moved by Mr. Claytor, and seconded by Mrs. Moore, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-91 be placed upon its final enactment. Roll Call: Ayes: Mr. Claytor, Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Council Meeting September 23, 2024 Page 195 Moved by Mr. Claytor, and seconded by Mrs. Moore, that Ordinance No. 24-91 be enacted as read. Roll Call: Ayes: Mr. Claytor, Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 24-92, by Mr. Claytor, authorizing the City’s application for and acceptance of up to a $350,000 grant from Northeast Ohio Areawide Coordinating Agency’s ("NOACA") Transportation for Livable Communities Initiative (“TLCI”) for the Lee Road Complete Street Improvements project, and declaring an emergency. Principal Planner Kara O’Donnell stated that the Northeast Ohio Areawide Coordinating Agency (NOACA) has grants available to help communities move forward with development and installation of low cost infrastructure that strengthens community livability. They have $2 million in federal funds available with a minimum grant of $100,000 and no maximum, but they have to optimize the funding across the many grant applications they get. This request is for approval to apply for $350,000 to construct pedestrian improvements foreseen in the Lee Road Action Plan which includes lighting, sidewalks, wayfinding, pedestrian amenities, and streetscape. It would reduce the City’s required local match to reduce the overall project cost to the City. Matching funds will likely be waived due to the City holding designations for being in an environmental justice area, an urban core community, and a disadvantaged community. This request was not submitted to the Safety and Public Works Committee or Finance Committee due to timing constraints of the grant deadline. However, these grants have been presented to them in the past as we have applied many times and received awards over the last couple of years. Council approval is part of the application. This item is requested as an emergency with a suspension of the rules as the grant application is due October 9. We will be notified in March 2025 as to whether we receive the funding. Council member Ms. Anne Williams stated that she believes this definitely would have been supported by the Safety and Public Works Committee. She is pleased to see staff continue to look for funds for this and that we have been successful in the past. Council member Mrs. Moore stated that if this had gone to the Finance Committee she believes they would have been totally supportive. It is a grant. 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. 24-92 be placed upon its final enactment. Council Meeting September 23, 2024 Page 196  Roll Call: Ayes: Mr. Claytor, Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Mr. Claytor, and seconded by Ms. Carmella Williams, that Ordinance No. 24-92 be enacted as read. Roll Call: Ayes: Mr. Claytor, Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 24-93, by Mr. Claytor, authorizing an amendment to the contract with Elite Site Solutions LLC to increase the total compensation by $40,000, for a total contract amount of $122,536, in order to provide City-Owned Lot Maintenance services through the end of the 2024 growing season, and declaring an emergency. Public Works Director Ramona Lowery-Ferrell stated that this item authorizes an amendment to the current contract with Elite Site Solutions LLC to increase the contract to provide continued services for vacant lots by $40,000 bringing the total amount to $122,536. This item is being requested as an emergency with a suspension of the rules Council member Mrs. Moore commented about the high grass ordinance which has recently come under scrutiny. In the interim of the period with which we operate under that ordinance and any future shape it may take, this is a very important contract to fulfill. It has already been awarded and just needs to be increased because of climate extremes. Law Director William Ondrey Gruber clarified that this ordinance pertains to maintenance of City-owned lots not privately-owned lots cited by the City. 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. 24-93 be placed upon its final enactment. Council Meeting September 23, 2024 Page 197  Roll Call: Ayes: Mr. Claytor, Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Mr. Claytor, and seconded by Ms. Carmella Williams, that Ordinance No. 24-93 be enacted as read. Roll Call: Ayes: Mr. Claytor, Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Resolution No. 24-94, by Mrs. Moore, accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Fiscal Officer. Finance Director John Potts stated that the County Budget Commission set the City’s 2024 property tax rate which will be collected in 2025 at 9.9 mills. State law requires that the City adopt this tax rate before the taxes may be levied in January. The City’s property tax rate has remained unchanged since 1993 at 9.9 mills. A listing of the City’s unvoted general obligation debt may be found on a schedule included in the tax budget which was discussed a few months ago. The City has received to date of about $7.8 million and we are expecting one more payment which will put us a little above our budget amount for this year of $8.2 million. Although the Finance Committee did not meet in September, the chair recommended moving this item forward for Council approval. This item is requested as an emergency with a suspension of the rules so we may submit it by the September 30 deadline. 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. 24-94 be placed upon its final enactment. Roll Call: Ayes: Mr. Claytor, Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Resolution No. 24-94 be enacted as read. Council Meeting September 23, 2024 Page 198  Roll Call: Ayes: Mr. Claytor, Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Resolution Adopted * * * * Resolution No. 24-95, by Mrs. Moore, requesting the Cuyahoga County Fiscal Officer to draw, and the Cuyahoga County Treasurer to pay on such draft, all money in the County treasury to the account of the City of Shaker Heights from all 2024 real property taxes and applicable to the purposes of the fiscal year 2025, and declaring an emergency. Finance Director John Potts stated that the county has a program that we have participated in for a number of years which allows us to receive property tax payments in five installments versus two, but requires legislation. This works well for the Finance Department in managing cash flow. Although the Finance Committee did not meet in September, the chair recommended moving this item forward for Council approval. This item is requested as an emergency with a suspension of the rules so we may submit it by the September 30 deadline. It was moved by Mrs. Moore, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Resolution No. 24-95 be placed upon its final enactment. Roll Call: Ayes: Mr. Claytor, Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Ms. Bixenstine, that Resolution No. 24-95 be enacted as read. Roll Call: Ayes: Mr. Claytor, Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Resolution Adopted * * * * The Mayor invited members of the audience and those participating via Zoom the opportunity to “raise their hand” to provide public comment. Council Meeting September 23, 2024 Page 199 Matt Hadsell of 17408 Lomond Boulevard stated that he is a volunteer and advocate for animal welfare. He is joined by his wife Haley Peters, a social worker, who has devoted years of her life to helping cats and kittens in need. Along with their neighbor Elizabeth Rife she cofounded a non-profit, Feral Friends of Shaker, committed to addressing the growing issue of feral cats in our community. On Memorial Day this year he found several kittens in his garage. They took them in and with the help of their neighbor cared for them and successfully found homes for all of them. That experience sparked the founding of Feral Friends of Shaker and also opened their eyes to a larger issue which requires more than what individuals or small non-profits may tackle alone. The feral cat population in Cleveland is growing rapidly and it is a problem we can’t ignore. Animal hospitals are booked weeks or months in advance and at this point refusing services to reduce their extreme workload. A significant number of cats remain un-spayed and un-neutered. With relatively mild winters, more cats are born each spring adding to the cycle and doing damage to our native animal populations. Non- profits like theirs do all they can but simply don’t have the resources to significantly impact the scale of the problem. Despite his wife reaching out multiple times to City officials they are struggling to get a meaningful response. Recently an anonymous neighbor called animal control on them and they were disheartened to hear that if they were conducting trap and release efforts, the expectation was to release them outside of the City limits. If this condition continues to be handled inhumanely the problem will only worsen. Cats are classified as an invasive species. While they currently pose minimal damage within City limits, as the population increases they can cause significant harm to local wildlife and ecosystems. He believes a solution requires a coordinated effort with City resources, non-profits, veterinary agencies, and the community at large that includes prioritizing spay and neuter access for all pet owners as well as access for the feral population. They must develop humane policies for managing overpopulated species including cats that protect both animals and the environment. They should work closely with groups that exist that are eager to help. He urged City Council to consider dedicating a City employee or small team to monitor the ecological health of our City and possibly coordinating efforts with neighboring cities and organizations. This is not a small task but with a coordinated effort he feels we can address this issue in a way that benefits both the community and the animals. He is prepared to attend next month and the following month to allow Council to continue the conversation and for Council to prepare a coordinated response about cats. They hope to work with the City to find a compassionate, sustainable solution. Mayor Weiss stated that recently the City has received a significant number of requests from residents on a wide range of topics for which we have not had the ability to staff or investigate all the initiatives that people bring. This is on the list with other topics for Council to consider in work session as they lead into the budget season. He appreciates their interest and concern. 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 additional comments were received on other items by email or phone. * * * * Council Meeting September 23, 2024 Page 200 There being no further business before Council, the Mayor adjourned the meeting at 7:29 p.m. _________________________________________ DAVID E. WEISS, Mayor _________________________________________ JERI E. CHAIKIN, Clerk of Council Council Meeting September 23, 2024 Page 201