City Council

Council Minutes November 25, 2024 CITY HALL COUNCIL CHAMBERS The Council of the City of Shaker Heights met in a regular session at 6:03 p.m., Mayor David E. Weiss presiding. Council Members Present: Mr. Malone Mrs. Moore Ms. Anne Williams Ms. Carmella Williams Ms. Bixenstine Mr. Claytor Mrs. Kaus Council Members Absent: None * * * * Video of this meeting may be found here through November 25, 2027. * * * * At 6:04 p.m. a joint Council/Finance Committee work session was held. Finance Committee members present: Martin Kolb Anthony Moore Ketan Patel The Mayor asked the Clerk of Council to read into the record public comments received by email or phone on the capital budget. Clerk of Council Ms. Chaikin stated that no comments were received on the capital budget 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. * * * * At 7:48 p.m. Council returned to the regular meeting. It was moved by Ms. Anne Williams, and seconded by Mr. Claytor, that the minutes of the regular meeting of October 28, 2024, be approved as recorded.  Roll Call: Ayes: Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus 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. 24-101, by Mrs. Moore, Authorizing a contract with Filantropia, LLC for personal professional consulting services for the management of grant applications and grant reporting, for the period January 1, 2025 through December 31, 2025, at a not-to-exceed amount of $40,000, and declaring an emergency. Police Commander John Cole stated that in July 2023 the City entered into an agreement with Filantropia for professional consulting services for grant writing and researching. This contract was for $125/hour for a not to exceed amount of $25,000. They secured $173,900 plus in grant funds, which were mostly non matching grants. Staff is requesting to add four months to the agreement at the same rate for a not to exceed amount of $40,000. They are trying to ultimately expand grant processing work in house and to help the Fire Department as well since the consultants focus on public safety. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Safety and Public Works Committee. 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 Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-101 be placed upon its final enactment. Council Meeting November 25, 2024 Page 212  Roll Call: Ayes: Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 24-101 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus Nays: None Ordinance Enacted * * * * Ordinance No. 24-102, by Mr. Claytor, Authorizing a contract and rental agreement with Suburban Maintenance & Construction, Inc. for the installation of a protective barrier system to abate the public nuisance at the Lee-Scottsdale Building at 3756 Lee Road as an urgent emergency without competitive bidding, in the total not to exceed amount of $110,000, and declaring an emergency. Building and Housing Director Kyle Krewson stated that on September 13, 2024 the City declared the Lee-Scottsdale building at 3756 Lee Road a public nuisance. The City became aware of a portion of the masonry façade that had fallen to the sidewalk below. At that point the structural engineer and building commissioner reviewed the building conditions and their assessment was that it proposed a hazard to City residents and issued an order that protective measures be put in place. While the owner did attempt to correct some of those measures it was without approval and without any engineering work, in violation of the order. The City proceeded with contracting with the City engineer to design a system to protect the public and subsequently entered into a contract to erect a protective barrier. The work began this morning to be completed by Wednesday. It will remain in place until such time as the owner proceeds with conducting the analysis and making the repairs or due to the inaction of the owner the City proceeds with nuisance abatement. This item is requested as an emergency with a suspension of the rules in order to protect the public from this hazardous condition. Council member Mrs. Moore stated that this item was reviewed and approved by the Finance Committee. The emphasis was placed on ensuring public safety, recouping any City costs, and the fact that this is a landmark property which cannot easily be demolished or otherwise disposed of. 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. 24-102 be placed upon its final enactment. Council Meeting November 25, 2024 Page 213  Roll Call: Ayes: Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus Nays: None Motion Carried Moved by Mr. Claytor, and seconded by Mrs. Moore, that Ordinance No. 24-102 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus Nays: None Ordinance Enacted * * * * The Mayor invited members of the audience and those participating via Zoom the opportunity to “raise their hand” to provide public comment. Cecil King stated that he is the property manager for the Lee-Scottsdale building. He requested a postponement of any decision by Council. He also stated that the incident of the sandstone falling which the City became aware of in September actually occurred two months prior to that, but the City Building Department contacted him in September and only gave him two months to rectify the abatement. With the process in place to get work approved, there was no way for him to fulfill the nuisance abatement order. He contacted the Illuminating Company because their wire is within 10 feet of the building making it unsafe and dangerous for machinery. They informed him that the wire would have to be relocated and he contacted the Building Department requesting a postponement. He stated that this issue has existed for the past 25 years and it has not ever been cited over that time. The crack had been caulked by the previous owner. He was successful in doing tuckpointing and brick restoration on three sides of the building when they qualified for a storefront renovation grant in 2003 when they took over the building. He decided to fill the joints with mortar to prevent water from getting inside. The City wants an engineer to confirm that the work was done correctly, but he feels that the fencing is unnecessary since the nuisance was abated and creates a financial hardship as the costs will be passed along to him. Mayor Weiss stated that he and Council are not qualified to opine on the repairs or what needs to be done at the building. The City relies on the building commissioner and Building Department Director. The fence is to protect the safety of residents and others. Ultimately, if the repairs have been made or need to be made, it will require the qualifications of an engineer to comfort the City at this point. * * * * Council Meeting November 25, 2024 Page 214 There being no further business before Council, the Mayor adjourned the meeting at 8:04 p.m. _________________________________________ DAVID E. WEISS, Mayor _________________________________________ JERI E. CHAIKIN, Clerk of Council Council Meeting November 25, 2024 Page 215