City Council

Council Minutes March 31, 2025 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: Mrs. Kaus Mr. Malone Mrs. Moore Ms. Anne Williams Ms. Carmella Williams Ms. Bixenstine Council Members Absent: Mr. Claytor * * * * Video of this meeting may be found here through March 31, 2028. * * * * It was moved by Ms. Bixenstine, and seconded by Ms. Anne Williams, that the minutes of the regular meeting of February 24, 2025, be approved as recorded. Roll Call: Ayes: 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. Helen Sheehan of 2854 Weybridge stated that she has two critical concerns: the flawed aggregation Request for Proposals (RFP) process and the proposed legislation that would remove power from our elected officials and place it solely in the hands of unelected administrators. In August 2024 she contacted Law Director William Ondrey Gruber about Shaker rejoining NOPEC which offers 100% renewable energy options. Mr. Gruber assured her that an RFP process would be distributed by late 2024 and that NOPEC would be considered if they submitted a proposal. When she followed up with him and Council members in late November, Mr. Gruber stated in his email that Shaker has no plans yet regarding the RFP process. However, the Council packet for tonight reveals that on February 2025, the City’s aggregation consultant Aspen Energy sent an RFP to six suppliers with a March 7 deadline, excluding Northeast Ohio Public Energy Council (NOPEC) and Sustainable Ohio Public Energy Council (SOPEC). These organizations were only contacted after the deadline passed. She commended Council members Mr. Malone and Mrs. Kaus for expressing concern in committee about needing more information before making decisions that will significantly impact residents’ and businesses’ energy finances during these challenging economic times. This process creates a troubling appearance that a third-party vendor who stands to gain $.45 per megawatt hour from the chosen supplier has pre- determined the outcome. Excluding NOPEC and SOPEC, which may not pay broker fees, from the RFP and subsequent inclusion weeks later has created timing and regulatory obstacles that effectively eliminate them from providing potentially better energy pricing for our community. For context she stated that NOEPC serves more than 240 communities with more than 50 in Cuyahoga County providing excellent service that Shaker once received, along with annual grants totaling $4.5 million that can be used for funding things like electric vehicle chargers, trees, sidewalks and other community improvements. NOPEC customers also gain access to PACE financing for energy, energy-efficiency audits, and low interest loans. SOPEC only serves 33 communities in Ohio, 16 with populations under 1,000 people, limiting their competitive pricing capacity compared to NOPEC. Most alarming is that this legislation would authorize an unelected administrator to select a provider and enter into a contract without any public input or Council debate. This represents to her a fundamental shift away from a transparent governance and democratic oversight. Passing the authorization legislation as an emergency also excludes voters from challenging legislation at the ballot box. She urged Council to reject this proposal, restart the RFP process with all qualified providers included, and ensure that the final decisions remain with our elected representatives subject to public scrutiny and input. If restarting the process isn’t possible, she asked Council to please consider only having a one-year contract so that next year the process can be done right. * * * * FISCAL OFFICER’S CERTIFICATE Finance Director John Potts reviewed with City Council the Fiscal Officer’s Certificate which, pursuant to the provisions of Section 133.20 of the Ohio Revised Code, sets forth both the estimated life of the improvements to be acquired through the issuance of bonds and notes and the maximum maturity to which bonds and notes can be issued. A copy of the signed certificate, dated March 31, 2025 was presented to each member of Council for review. * * * * Ordinance No. 25-22, by Mrs. Moore, an ordinance providing for the issuance and sale of $2,000,000 of notes, in anticipation of the issuance of bonds, for the purpose of paying costs of improving the City’s sanitary sewerage system by constructing and improving sanitary and storm sewers and related sanitary and drainage facilities, and declaring an emergency. Finance Director John Potts stated that he is joined tonight by the City’s Municipal Financial Advisor Matt Stuczynski. The City has a strategic plan for sewer improvements. The funding mechanism for that Council Meeting March 31, 2025 Page 48 plan and improvements is to pay for them with the issuance of debt with bonds or bond anticipation notes (BANS), funded through sewer fees. In 2020 we issued $2 million of bond anticipation notes for one year and another $2 million in 2021. In 2022 we bonded the payment of that $4,000,000 and issued an additional $4 million because of the good rates and bonded that $8,000,000 for 30 years to finance sewer improvements. This item is to allow us to do the same thing for the next three years. We increased sewer fees last year so over the next four years they will gradually increase to help fund the debt service for the next three years. The 10-year sewer capital plan is for almost $40 million and the sewer fees help us pay the debt service to fund that plan. This item requests authorization to issue $2 million of BANS for the sewer program. There are impediments for full bond financing including the considerable cost, they are inefficient for this small amount, and non-compliance with spend down provisions. Interest rates are starting to come down a little and we believe that issuing BANS this year and taking a look next year to do the same will be more beneficial than issuing full bonds. Mr. Stuczynski stated that BANS are a one year fixed rate instrument. They are purchased by third-party investors and after one year we would decide whether to pay them off, pay them down, or roll them over. The plan is what we similarly embarked on in 2020 to issue a series of BANS, increase the size of the BANS as the City pushes forward with the sewer capital project improvements and when we reach critical mass, proceed with a bond issuance. That is a significant endeavor requiring a prospectus document, and pursuing and updating the City’s bond rating which takes quite a while and is very costly. Rates today from a bond perspective are higher than we have experienced over the last 2 or 3 years, they are in the low 4% range. Interest rates on BANS are about 50 basis points (.5%) lower than we were last year, in the 3.25% range for the reoffer yield to the investor. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. They believe proceeding with this plan is wise. 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 Ordinance No. 25-22 be placed upon its final enactment. Roll Call: Ayes: 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 Ordinance No. 25-22 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Council Meeting March 31, 2025 Page 49 Ordinance No. 25-23, by Mrs. Moore, authorizing an electric supply contract with a supplier selected from the City’s proposal process to serve the City’s electric aggregation program for a period beginning June 1, 2025, and declaring an emergency. Ordinance No. 25-23, by Mrs. Moore, authorizing an electric supply contract with a supplier selected from the City’s proposal process to serve the City’s electric aggregation program for a period beginning June 1, 2025, and declaring an emergency. Law Director William Ondrey Gruber stated that in 2022 the City decided to leave the aggregation program we had been a part of with NOPEC for many years and create the City’s own program. We are now looking at entering a supply contract to continue the program beyond the end of May of this year when our current contract expires for the electric supply. This item was reviewed by the Administration Committee who chose to move the proposed legislation to Council without a recommendation stating the issue deserved more consideration before approval. This request is the same request that Council approved for our gas aggregation this year and in previous years and for the electric program we started in 2022. We are seeking Council authority for the Mayor as an elected official of the City to make the determination after we refresh proposals and potentially do negotiation with various suppliers to determine which supplier to select and for what period of time to enter a contract. The markets are very volatile, and they change constantly, and it is difficult to have a process in which we have to continuously go through the legislative process every time we want to select a supplier and price. That is why Council has authorized the Administration and Mayor to make this decision. Council has also passed a codified ordinance which allows us to do this process by coming to Council to enter into contracts for the City’s facilities for electricity. We have not asked for that for the aggregation program. The request for proposals was sent out in March of this year to six suppliers originally, and then also to SOPEC and NOPEC. We received proposals from Dynegy, SOPEC and NOPEC. Dynegy is our current supplier. It is owned by Vistra, who bought out our prior supplier Energy Harbor. That allowed residents with solar to participate in the program. In order to return to NOPEC the City would have to join NOPEC and take several legislative steps. That would mean the program would end for at least the month of June if not longer until we could get set up with NOPEC. SOPEC would let us contract for a year or two and leave if we so choose. The Dynegy proposal includes some additional funds for the City to use for projects such as solar, and NOPEC has grant programs. All of the proposals are based on the premise of 100% green energy but that varies with each supplier. Director Gruber introduced Jay Sell, our consultant, who was present to answer any questions. Jay Sell of Aspen Energy stated that we sought proposals for the next term of the electricity aggregation program and received three responses: from Dynegy, SOPEC and NOPEC. They are all close on price. It is a good thing to have independence throughout this process in setting the terms and conditions of our own program. There are also benefits to joining an intergovernmental organization. They are evaluating the offers, and a shorter term contract makes the most sense with the prices and entering the market later potentially with more favorable rates. Director Gruber stated that we asked the various entities about entering into a year-long contract but only buying electricity for six-months. Mr. Sell stated that Dynegy did not respond to the six-month price request because they indicated that the Public Utilities Commission of Ohio (PUCO) does not allow them to do so. There is some question about whether or not that can be done. SOPEC did affirmatively respond with a six-month rate. He Council Meeting March 31, 2025 Page 50 believes it can be done, but a matter of Dynegy figuring out how with their regulatory folks. We would need to address the additional six-months within the terms and conditions of the master service agreement. Director Gruber stated that NOPEC responded the same as Dynegy that they were not permitted to do a six-month rate. Council member Ms. Bixenstine stated that she has tried to educate herself on this matter. She understands that a key reason for the City wanting to administer its own program was to have greater control. She wonders if staff could explain about the benefits of having our own program. It has given us predictability and reliability in satisfying our energy needs. She has some concerns based on that about going back to NOPEC or joining SOPEC. Director Gruber stated that at the time the City seriously started looking at becoming an independent electric aggregator and Council asked the Administration to move ahead with it, NOPEC did not offer an opt-out 100% renewable green energy rate. They had considered it but had not agreed to do it. While we were in the process of forming our own electric aggregation program, NOPEC decided it would offer an opt-out 100% renewable green energy contract. They did so and continue to do so today. At that time Council decided to continue on the course we were on. One reason is that the City has had a history in both aggregation programs of never having adders other than for a small amount for the consultant that helps us with the expertise we don’t have to do the program and select suppliers. Otherwise the City does not get revenue that we can use for other purposes. Many times we are offered that by suppliers and we have always turned it down. In this case Dynegy offered it but we asked if they could reduce their rate if we did not accept funds, but they said no. Other aggregation programs do have additional funding that funds their programs, which is how SOPEC and NOPEC operate. They get funds through their rate payers which is how they can afford to exist. We had a great history with NOPEC and it is a great organization. SOPEC submitted a proposal in 2022 but we decided not to go with them. There is not any doubt that both are excellent organizations. Besides not having any added amount being charged to rate payers for our program, it was also an idea that the City should seek in the future to have its own source or find sources more locally of green energy, hopefully in Ohio. Our independence would potentially allow us to do that. We have had extensive meetings set up by our Sustainability Coordinator to talk about potential projects with AEP, and although it did not pan out, it is certainly something we could look at in the future. AEP is the supplier for SOPEC. Mr. Sell stated that one key point why the City’s independence is beneficial is that we have all the suppliers in the market. We only had one response prior to NOPEC and SOPEC with the incumbent Dynegy. However, as we move forward he believes we will be able to get more suppliers participating as they get more comfortable with the capacity market in the State of Ohio. NOPEC is tied to Next Era and SOPEC with AEP energy. They are exclusive. As agencies enter agreements with them there is only one player. A big goal is to tap into Ohio renewable energy. With the PJM transmission system backed up three to four years right now on new projects, we need to look at something behind the meter, which is what we looked at with the Sustainability Coordinator and AEP energy. That is something we can evaluate again as we move forward. Council member Mrs. Moore asked about delegating future decisions to the Mayor. Director Gruber stated that is what Council has done with this codified ordinance for our own facilities, with our gas aggregation program for many years, and what they did with the electric program in 2022. Council Meeting March 31, 2025 Page 51 The reason is because of the dynamic nature of the market and rate changes all the time. It is susceptible to negotiation and with these utilities it is hard to go through a process of nailing down proposals and rates and having to then start the legislative process. He believes it makes more sense for Council to delegate it to the Mayor. We did not ask for Council to establish a codified ordinance for the aggregation programs so we can keep a more public process because it is important for the public to know what is going on with their aggregation program. It is not just the City spending money for its own facilities. In fact the City is not spending money at all for the aggregation but the residents who are part of it clearly are so it is important that be a public process. It is important to have this discussion every couple years or in a year if the contract is for a year. It is important for the practical nature of these programs to have that authority given to the Mayor. Mayor Weiss stated that his experience in the issuance of debts and other instruments the pricing may change hour to hour or day to day and could make it impossible to decide on a certain rate and call a Council meeting to approve that exact offer. Rather we put parameters listing the Mayor as the Chief Executive Officer but it is really to facilitate locking in favorable prices that we might otherwise lose. Mr. Sell stated that is correct. Right now with the volatility of the energy market as high as it is, it makes it almost impossible to have an offer, bring it to the table one evening, and guarantee the rates will be there the next day. That is exactly why we need to be flexible and have dexterity to move quickly when we find the right offer. Council member Ms. Anne Williams stated that she appreciates this fuller discussion on this topic. She was a member of Council during the change from NOPEC and remembers there being a lot of discussions about the reasons for leaving NOPEC. She shares the hesitancy to go back because the independence serves residents better. She is disappointed that there were not more suppliers who responded to our RFP and likes the suggestion of a one-year contract in order to reassess. Council member Mr. Malone stated that he is more comfortable with seeing proposed rates from SOPEC and NOPEC that appear to be comparable as what we are seeing from Dynegy. When you look at the current rates, obviously NOPEC has a 100% green energy rate at $.08 which is lower but it will expire and all the rates will be going up regardless of being green. He is comfortable that Council exercised its policy making authority in 2022 in making the decision to join NOPEC. He needed to be persuaded and still believes that NOPEC could be a viable option in the future if we are really trying to decrease hydrocarbon emissions across northeast Ohio. The way to do that is in an aggregation with other communities. It is good that NOPEC is now offering 100% green energy. Given where we are now the considerable effort that Council and the Administration has used to leave NOPEC he is not ready to re- join, but it is something to look hard at in the future. The way we make reductions and persuade utility companies to actually install and build green energy facilities is by the power of multiple cities. We had trouble with the politics of NOPEC in the past and not every municipality sees things the way we do but it is worth another look in the future. The biggest issue raised by this is the market for green energy in Ohio long term. The key assumptions we talked about in leaving NOPEC was having the flexibility to buy our power from an actual solar or wind facility. With all the needs and the strain on our grids from AI, tariffs and political aversion to green projects, he is skeptical that green energy will be comparably priced to brown energy in future years. He feels a 12 month contract makes sense. It gives the Administration flexibility given the track record has been good, checking back with Council on an annual basis to get their input. He is comfortable with the recommendation, but wants to keep options open in the future. Council Meeting March 31, 2025 Page 52 Council member Mrs. Kaus stated that she appreciates the summaries from Director Gruber and Mr. Sell. She also appreciates the input from Council and feels it was important to have the broader discussion along with receiving the RFPs from NOPEC and SOPEC. She also appreciates comments and emails from residents. Director Gruber stated that if this item is approved staff will be coming back to Council when the contract is signed to let them know what was done and why. 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 Ordinance No. 25-23 be placed upon its final enactment. Roll Call: Ayes: 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 Ordinance No. 25-23 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Resolution No. 25-24, by Ms. Carmella Williams, proclaiming April 2025 as Fair Housing Month in Shaker Heights, and declaring April a Fair Housing Month of Action, in conjunction with the Fair Housing Center for Rights and Research, as the City reiterates its support for housing without discrimination and the maintenance of an inclusive community. Council member Ms. Carmella Williams stated that this resolution proclaims April as Fair Housing Month in Shaker Heights and read aloud the resolution. Fair Housing has endured some challenges lately, but it perseveres because the mission is no less important regardless of funding. It was moved by Ms. Carmella Williams, and seconded by Mrs. Kaus, that the rule requiring ordinances to be read on three different days be suspended and Resolution No. 25-24 be placed upon its final enactment. Council Meeting March 31, 2025 Page 53  Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Ms. Carmella Williams, and seconded by Mrs. Kaus, that Resolution No. 25-24 be adopted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Resolution Adopted * * * * Resolution No. 25-25, by Ms. Carmella Williams, a resolution reaffirming and expanding the City’s Equal Employment Opportunity Policy to prohibit discrimination based on natural hair texture and hairstyles . Chief Diversity Officer Colleen Jackson stated that this resolution reaffirms and expands the City’s equal employment opportunity policy. The City has a long upheld principal of equal opportunity employment and this resolution requests authorization to expand it to include natural hairstyles. In June 2024 the Ohio House of Representatives passed the Crown Act, creating a respectful and open world for natural hair. It aims to prohibit race-based discrimination in both work places and k-12 public and charter schools based on natural hairstyles. It extends those protections to braids, twists, Bantu knots, afros, locs, etc. This item is requested on first reading with a suspension of the rules. Council member Mrs. Kaus stated that this item was reviewed and unanimously supported by the Administration Committee. This is very important for Shaker Heights which values diversity, especially at this point in our nation’s history. It was moved by Ms. Carmella Williams, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Resolution No. 25-25 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Council Meeting March 31, 2025 Page 54 Moved by Ms. Carmella Williams, and seconded by Ms. Bixenstine, that Resolution No. 25-25 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Resolution Adopted * * * * Ordinance No. 25-26, by Mrs. Kaus, administrative acceptance of the approval of the City Planning Commission and confirmation of the granting of a Conditional Use Permit to Superior Academy Training Center, applicant, for a specialized instructional school, located at 3649 Lee Road, pursuant to Section 1213.05 of the City’s Zoning Code. Senior Planner Daniel Feinstein stated that this item is for a specialized instructional school at Superior Academy Training Center at 3649 Lee Road. A conditional use permit for this purpose requires Council confirmation. They will provide health care training for up to 10 individuals, including CPR, home health care, and nursing assistance, to complement the business located upstairs by the building owner. This item is requested on first reading so that the training center may start to work with the business that is already open upstairs. Council member Sean Malone stated that this item was reviewed and unanimously approved by the City Planning Commission. It was moved by Mrs. Kaus, and seconded by Ms. Carmella Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-26 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Mrs. Kaus, and seconded by Ms. Carmella Williams, that Ordinance No. 25-26 be enacted as read. Council Meeting March 31, 2025 Page 55  Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-27 by Mrs. Moore, accepting a proposal and authorizing a personal, professional consultant contract with ZoneCo, in the total not to exceed amount of $59,925, for the Lee Road Zoning Code Update, and declaring an emergency. Senior Planner Daniel Feinstein stated that this item requests authorization for a contract with ZoneCo to complete the Lee Road Zoning Code updates. The Lee Road Action Plan recommended strategic actions as part of implementation including a Zoning Code update and necessary land use changes. Current zoning on Lee Road does not support what the plan envisions. The idea is to revise the Zoning Code to meet those plans. The City issued a Request for Proposals (RFP) in January with a large list of applicants and received 7 responses from firms with some experience in Zoning Code rewrites and Zoning Code corridor rewrites. They were evaluated by the project team and the top two firms were further interviewed. Based on demonstrated qualifications, their extensive experience with zoning ordinances, and their focus on corridor zoning, ZoneCo was chosen. Funds for this contract are available in the Planning Department capital budget. This item is requested as an emergency with a suspension of the rules in order to proceed with drafting the Zoning Code updates. Council member Mr. Malone stated that this item was reviewed and unanimously approved by the City Planning Commission. They were satisfied with the RFP process, that the firm is an expert in zoning rewrites, and that there are funds in the budget for this project. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. She asked about the opportunity for public input and engagement, but they have already had substantial public input through the Lee Road strategic planning process. The Tree Advisory Board has had long standing concerns about certain landscaping portions of the Zoning Code. Those concerns focus on a rather outdated notion of taking down a mature tree and replacing it with a smaller new tree which is not the equivalent although that seems to be the industry standard in many places. She urges they consider the issue of green spaces. Director Gruber stated that there will be a public process which will start with the City Planning Commission for approval of the Zoning Code changes and then recommend them to Council. Council will have three readings with a public hearing scheduled. There will be plenty of public process for this item. Mr. Feinstein added that the City Planning Commission will also have a public hearing. 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. 25-27 be placed upon its final enactment. Council Meeting March 31, 2025 Page 56  Roll Call: Ayes: 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. Carmella Williams, that Ordinance No. 25-27 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-28, by Mrs. Moore, amending Ordinance 21-131, as amended by Ordinance 22-70, an ordinance appropriating funds from the General Capital Fund 0401 for the acquisition of equipment and the repair, maintenance and improvement of various City facilities, by appropriating an additional $200,000 for the Hildana Park Improvements, and declaring an emergency. Planner Anna Mates stated that in August 2024 Council approved a Cuyahoga County municipal grant (CDBG) application in the amount of $150,000 and a Cuyahoga County supplemental grant (CDSG) application in the amount of $50,000 for the Hildana Park improvement project. This project will consist of improvements to infrastructure, landscaping, and amenities including new benches, trees, and new and surfaced paths designed in conjunction with a separate contract for new public art. Designs for both the park improvements and public art will be developed with coordinated community input during community workshops that will take place this spring. Designs will be finalized in late spring, and construction is expected to begin this summer and completed in the fall. The total project cost is estimated to be $230,000 with $200,000 provided in grants. The City will be reimbursed once the project is completed. An additional $30,000 of funding is already appropriated in the capital budget for 2022 neighborhood projects to be used to fund the design and engineering for the park improvements. Moreland residents have expressed that parks and art are critical for community building, building neighborhood pride, and placemaking. The Hildana Park improvements will create an improved public space that will continue to serve residents of the immediate neighborhood. This item is requested as an emergency with a suspension of the rules so we may move forward with the bidding and construction in early summer. Council member Ms. Anne Williams stated that this item was reviewed and unanimously supported by the Safety and Public Works Committee. Council Meeting March 31, 2025 Page 57 Council member Mrs. Moore stated that this item was reviewed and approved by the Finance Committee. Mayor Weiss added that the Planning Department has been very successful in getting these grants. 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. 25-28 be placed upon its final enactment. Roll Call: Ayes: 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. Anne Williams, that Ordinance No. 25-28 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-29, by Mrs. Moore , accepting a proposal and authorizing execution of a six-year lease agreement with Lease Servicing Center, Inc. dba NCL Government Capital, to finance the cost of a 2025 Vac-Con Dual Engine Combination Sewer Cleaner Truck for the Public Works Department at a total cost to the City of $511,168.65, and authorizing execution of an agreement to sell back the Truck to the vendor for $216,250 after 5 years, and declaring an emergency. Finance Director John Potts stated that in our current 2025 sewer budget we will be making the final lease payment on a similar truck we leased in 2020. Five years is about the estimated useful life that Public Works would like to have a truck before getting a new one. This item requests authority to enter a new lease agreement for a Vactor truck for six years utilizing the same process whereby the City will enter into a six-year lease, pay five years and then sell the truck back to the vendor who built it for the last payment, which is a double payment. The leasing and financing of this truck would be through a tax exempt lease agreement on state term. It will also be built on state term. The vendor has an extensive background in municipal leasing and will work directly with the manufacturer building the truck which will take approximately 6 – 8 months. This enables us to realize some operational and financing efficiencies at Public Works and the Finance Department. This will be structured as a tax-exempt lease but there will be a two-step process because we only want to keep the truck for five years. We will enter into a six-year lease and at the end of five years before the double payment occurs, we will sell the truck back to the Council Meeting March 31, 2025 Page 58 manufacturer and pay off the lease. If we were to buy the truck today, the cost would be $585,000. For the City to lease the truck for the next five years will cost $102,234/year, budgeted within the Sewer Maintenance Fund. The current truck was priced at about $403,000 and our current lease payments are $59,186/year. The reason for the higher cost of the new truck is the truck is more expensive, we have added additional safety features and the interest rate is 300 basis points higher. This item is requested as an emergency with a suspension of the rules so the manufacturer may begin immediately to build the truck. Council member Ms. Anne Williams stated that this item was reviewed and unanimously supported by the Safety and Public Works Committee. They really appreciated the detailed presentation and the financing behind this lease. Public Works also provided additional information about how the truck is being used. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. She asked if staff are confident that this is the final cost of the lease. Director Potts stated that he expects the lease to be signed in a few days. The price in the amortization schedule is the price the City will pay. 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. 25-29 be placed upon its final enactment. Roll Call: Ayes: 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. Anne Williams, that Ordinance No. 25-29 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Council Meeting March 31, 2025 Page 59 Ordinance No. 25-30 by Ms. Anne Williams, accepting a proposal and authorizing a personal services contract with DLZ Ohio, Inc. for up to three years at a total estimated amount of $234,000 for professional construction inspection services, and declaring an emergency. Assistant Public Works Director Christian Maier stated that on January 6, 2025, Public Works distributed a Request for Proposals (RFP) to five different consultants for construction inspection services to serve as an extension of Public Works during construction season and help manage projects. This item is for a one-year contract with the option to renew in 2026 and 2027. On January 31 we received 8 responses. They were scored based on their technical approach, consultant team experience, and firm’s experience overall. The hourly rate of inspectors did not factor into their decision. The projects for this year include street resurfacing, the service yard improvement project and various sewer repairs throughout the City. Funds for the inspection services were appropriated in the various 2025 capital improvement budgets. Inspectors work with contractors, deal with resident complaints, and make sure projects are being built the way we want. DLZ provided the overall best proposal. They have worked for the City in the past on multiple projects. Their initial rate was $89/hour but we were able to negotiate that down to $75/hour. This item is requested as an emergency with a suspension of the rules so they may proceed with these much needed services. Council member Ms. Anne Williams 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 unanimously approved by the Finance Committee. It was moved by Ms. Anne Williams, and seconded by Mrs. Moore, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-30 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Ms. Anne Williams, and seconded by Mrs. Moore, that Ordinance No. 25-30 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Council Meeting March 31, 2025 Page 60 Ordinance No. 25-31, by Ms. Anne Williams, accepting a proposal and authorizing a personal, professional consultant contract with Weber Murphy Fox in the total not-to-exceed amount of $140,000 to design and develop construction plans for an addition to the City Hall Building and renovation of the old fire bay and lobby, including security enhancements and HVAC upgrades, and declaring an emergency. Public Works Director Ramona Lowery-Ferrell stated that this item requests authority to enter a contract in the amount of $140,000 to design and develop construction plans for the relocation of the Human Resources and Information Technology Departments to the old fire bay and improvements to the lobby. Some concerns have been expressed regarding potential health issues by these departments currently being located in the basement of City Hall. Public Works issued a Request for Proposals (RFP) for the design firm to discover the departments’ needs and to see if they could fit in the Annex Building as well as conceptual drawings and general layout. The estimate to demolish and rebuild the Annex is over $2.5 million. In January 2025 Public Works requested a conceptual layout and estimates for a City Hall addition and renovation of the old fire bay for Human Resources and Information Technology Department offices which staff feel is more beneficial than relocating those departments to the Annex Building. Some of those reasons include substantial unknowns when renovating a building such as the Annex Building, possible weather and traffic hazards with staff going back and forth to City Hall, the fact that unknowns in City Hall have been reduced due to recent construction, and the review of probable costs of construction. This would also be an opportunity to ensure ADA compliance and combine other planned projects. This item is requested as an emergency with a suspension of the rules. Council member Ms. Anne Williams stated that this item was reviewed and approved by the Safety and Public Works Committee. There was a robust discussion and all of their questions were answered. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. It was moved by Ms. Anne Williams, and seconded by Mrs. Moore, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-31 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Ms. Anne Williams, and seconded by Mrs. Moore, that Ordinance No. 25-31 be enacted as read. Council Meeting March 31, 2025 Page 61  Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-32, by Mrs. Moore, accepting a proposal and authorizing a personal services contract for professional design and engineering services with Chagrin Valley Engineering in the total not to exceed amount of $477,500 for the Winslow/Avalon Sewer Study and Design Project, and declaring an emergency. Assistant Public Works Director Christian Maier stated that the City of Shaker Heights was awarded a grant from the Northeast Ohio Regional Sewer District (NEORSD) through their Member Community Infrastructure Program (MCIP) for the Winslow/Avalon Sewer Study and Design project. It is a 50:50 grant with the NEORSD contributing $238,750. Council supported the grant application and provided funding through Ordinance No. 24-115. NEORSD notified the City that there may be two potential illicit discharges coming from 17200 Van Aken and 3440 Avalon in 2022. We did additional investigations and found there was an undocumented sewer there and the flow coming from Winslow was also connecting to a combined sewer overflow. This is not the ideal situation so we applied for this grant to study this further and develop a design that would resolve the problems. The scope of the project will expand the study area beyond the intersection and the two apartments, including additional dye testing, inspection of mains, and flow monitoring. Once that is completed and we have a report with ideas on how to solve it, the consultant will develop construction documents for us to do the work. On January 6, we issued a Request for Proposals (RFP) to 7 consultants and received 3 responses. Cost was not part of our scoring criteria. Chagrin Valley Engineering provided the most comprehensive proposal and are familiar with NEORSD’s standards and expectations. Their team was interviewed and gave us an estimate of $477,500. The City’s contribution would be $238,750 and would be reimbursed from the grant. This item is requested as an emergency with a suspension of the rules so that we may proceed with this project. Council member Ms. Anne Williams stated that this item was reviewed and approved by the Safety and Public Works Committee. There were a number of questions that were answered. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. When an illicit discharge is identified we don’t have a choice in correcting it. Council member Mr. Malone asked if this happened when the apartment was constructed and they did not properly record the information with the City and how many other potential locations there are with unknown discharges. Mr. Maier stated that the apartment buildings were built in the 1950s and at that point it was permissible to connect to the combined sewer overflow. With the passage of the Clean Water Act you are not supposed to discharge sanitary flow into a storm sewer. It is a grey area of who is responsible for this. We have contacted NEORSD to make sure we are following the right approach. It is unknown how many illicit discharges may exist. Council Meeting March 31, 2025 Page 62 Council member Mrs. Moore stated that Public Works asked the Law Department to look at whether there were any grounds to hold the apartment buildings responsible. Their recommendation was to get the results of the study before making a final determination. 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. 25-32 be placed upon its final enactment. Roll Call: Ayes: 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. Anne Williams, that Ordinance No. 25-32 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Neighborhood Housing Specialist Sharra Thomas stated that on January 31 the City conducted a mailing to adjacent neighbors to vacant lots that were designated as infill or a side lot. Under the City’s new side lot policy due to the side lot availability, any lot less than 40 feet of frontage and under 4800 square feet in total area will be designated a side lot. Going forward anything over that measurement will be infill only. The mailing was a last opportunity for adjacent neighbors to acquire side lots under the prior policy. We received a total of 18 applications for side lots and 17 of those neighbors were eligible to move forward. A preview of criteria was done before the mailing to make sure the adjacent property of each vacant lot to the best of our knowledge was owner-occupied, current on property taxes, and had no outstanding nuisance violations or criminal activity. The following side lot agreements were requested as an emergency and suspension of the rules to expedite the sale of the respective City-owned lot and consolidation of the neighboring parcel. Law Director William Ondrey Gruber stated that legislative approval of the transfer of a property by the City becomes part of the property’s title history. Council makes certain findings as to property transfers, that they are not needed for a public use, that the value of the payment is equal or greater than the value of the property to the City, and that there is no competitive bidding necessary. Council Meeting March 31, 2025 Page 63 Ordinance No. 25-33, by Ms. Carmella Williams, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 3547 Avalon Road to Melinda Gurgul, the owner of the property at 3553 Avalon Road, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 3547 Avalon. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Ms. Carmella Williams, and seconded by Mrs. Moore, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-33 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Ms. Carmella Williams, and seconded by Mrs. Moore, that Ordinance No. 25-33 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-34 by Mrs. Kaus, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 3681 Gridley Road to Nathan Beachy, the owner of the property at 3685 Gridley Road, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 3681 Gridley. Council Meeting March 31, 2025 Page 64 Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Mrs. Kaus, and seconded by Ms. Carmella Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-34 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Mrs. Kaus, and seconded by Ms. Carmella Williams, that Ordinance No. 25-34 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-35, by Ms. Carmella Williams, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 17620 Lomond Boulevard to Charles and Judith Kalan, the owners of the property at 17614 Lomond Boulevard, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 17620 Lomond. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Ms. Carmella Williams, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-35 be placed upon its final enactment. Council Meeting March 31, 2025 Page 65  Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Ms. Carmella Williams, and seconded by Ms. Bixenstine, that Ordinance No. 25-35 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-36, by Ms. Carmella Williams, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 17016 Scottsdale Boulevard to Evelyn Stapler, the owner of the property at 17012 Scottsdale Boulevard, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 17016 Scottsdale. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Ms. Carmella Williams, and seconded by Ms. Anne Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-36 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Council Meeting March 31, 2025 Page 66 Moved by Ms. Carmella Williams, and seconded by Ms. Anne Williams, that Ordinance No. 25-36 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-37, by Ms. Anne Williams, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 16632 Scottsdale Boulevard to Garth Woodson, the owner of the property at 16626 Scottsdale Boulevard, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 16632 Scottsdale. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Ms. Anne Williams, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-37 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Ms. Anne Williams, and seconded by Ms. Bixenstine, that Ordinance No. 25-37 be enacted as read. Council Meeting March 31, 2025 Page 67  Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-38, by Mrs. Kaus, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 3117 Albion Road to Monica Rutledge, the owner of the property at 14000 Southington Road, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 3117 Albion. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Mrs. Kaus, and seconded by Mrs. Moore, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-38 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Mrs. Kaus, and seconded by Mrs. Moore, that Ordinance No. 25-38 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Council Meeting March 31, 2025 Page 68 Ordinance No. 25-39, by Ms. Anne Williams, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 3425 Milverton Road to Stitoya Golphin, the owner of the property at 3427 Milverton Road, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 3425 Milverton. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Ms. Anne Williams, and seconded by Mrs. Kaus, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-39 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Ms. Anne Williams, and seconded by Mrs. Kaus, that Ordinance No. 25-39 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-40, by Mrs. Moore, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 3562 Ingleside Road to Christopher Centeno, the owner of the property at 3556 Ingleside Road, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 3562 Ingleside. Council member Ms. Anne Williams stated that this item was reviewed and unanimously approved by the Neighborhood and Economic Development Committee. Council Meeting March 31, 2025 Page 69 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 Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-40 be placed upon its final enactment. Roll Call: Ayes: 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 Ordinance No. 25-40 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-41, by Mrs. Kaus, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 3592 Normandy Road to Josie Bracey, the owner of the property at 3588 Normandy Road, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 3592 Normandy. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Mrs. Kaus, and seconded by Ms. Anne Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-41 be placed upon its final enactment. Council Meeting March 31, 2025 Page 70  Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Mrs. Kaus, and seconded by Ms. Anne Williams, that Ordinance No. 25-41 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-42, by Mrs. Kaus, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 3391 Colwyn Road to Tynika Jones, the owner of the property at 3385 Colwyn Road, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 3391 Colwyn. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Mrs. Kaus, and seconded by Ms. Carmella Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-42 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Mrs. Kaus, and seconded by Ms. Carmella Williams, that Ordinance No. 25-42 be enacted as read. Council Meeting March 31, 2025 Page 71  Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-43, by Ms. Bixenstine, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 3430 Milverton Road to Ruby J. Davis, James Darnell Davis, and Lesean Davis, the owners of the property at 3434 Milverton Road, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 3430 Milverton. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Ms. Bixenstine, and seconded by Ms. Carmella Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-43 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Ms. Bixenstine, and seconded by Ms. Carmella Williams, that Ordinance No. 25-43 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted Council Meeting March 31, 2025 Page 72  * * * * Ordinance No. 25-44, by Mr. Malone, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 3666 Menlo Road to Takeshia Lewis, the owner of the property at 3662 Menlo Road, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 3666 Menlo. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Mr. Malone, and seconded by Mrs. Moore, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-44 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Mr. Malone, and seconded by Mrs. Moore, that Ordinance No. 25-44 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-45, by Mrs. Kaus, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 3077 Ludlow Road to Mary Patricia Murphy, the owner of the property at 3075 Ludlow Road, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 3077 Ludlow. Council Meeting March 31, 2025 Page 73 Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Mrs. Kaus, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-45 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Mrs. Kaus, and seconded by Ms. Bixenstine, that Ordinance No. 25-45 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-46, by Ms. Bixenstine, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program for the sale of the City-owned property located at 3451 Milverton Road to Michelle Brooks, the owner of the property at 3455 Milverton Road, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. This item is for the sale of the City-owned property located at 3451 Milverton. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Ms. Bixenstine, and seconded by Ms. Carmella Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-46 be placed upon its final enactment. Council Meeting March 31, 2025 Page 74  Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Ms. Bixenstine, and seconded by Ms. Carmella Williams, that Ordinance No. 25-46 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-47, by Mrs. Moore, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program, on a conditional basis, for the sale of the City- owned property located at 17108 Scottsdale Boulevard to Sally Leon, the owner of the property at 17106 Scottsdale Boulevard, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. Neighborhood Housing Specialist Sharra Thomas stated that this item is for the sale of the City-owned property located at 17108 Scottsdale on a conditional basis. Outstanding violations must be addressed by May 31 of this year and if they are not addressed the offer for the side lot purchase is null and void. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 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. 25-47 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Council Meeting March 31, 2025 Page 75 Moved by Mrs. Moore, and seconded by Ms. Carmella Williams, that Ordinance No. 25-47 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-48, by Ms. Carmella Williams, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program, on a conditional basis, for the sale of the City-owned property located at 3674 Daleford Road to Talia Warner, the owner of the property at 3678 Daleford Road, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. Neighborhood Housing Specialist Sharra Thomas stated that this item is for the sale of the City-owned property located at 3674 Daleford on a conditional basis. Outstanding violations must be addressed by May 31 of this year and if they are not addressed the offer for the side lot purchase is null and void. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Ms. Carmella Williams, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-48 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Ms. Carmella Williams, and seconded by Ms. Bixenstine, that Ordinance No. 25-48 be enacted as read. Council Meeting March 31, 2025 Page 76  Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-49, by Ms. Carmella Williams, Approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program, on a conditional basis, for the sale of the City-owned property located at 17723 Chagrin Boulevard to Pythias Jones, the owner of the property at 17717 Chagrin Boulevard, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. Neighborhood Housing Specialist Sharra Thomas stated that this item is for the sale of the City-owned property located at 17723 Chagrin on a conditional basis. Outstanding violations must be addressed by May 31 of this year and if they are not addressed the offer for the side lot purchase is null and void. Council member Ms. Anne Williams stated that this item was reviewed and unanimously 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 was moved by Ms. Carmella Williams, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-49 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Ms. Carmella Williams, and seconded by Ms. Bixenstine, that Ordinance No. 25-49 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted Council Meeting March 31, 2025 Page 77  * * * * Ordinance No. 25-50, 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 there is one item requiring a Then and Now Certificate this month as described in Exhibit A. This item is requested as an emergency with a suspension of the rules so that the payment may be sent. 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. 25-50 be placed upon its final enactment. Roll Call: Ayes: 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. .Anne Williams, that Ordinance No. 25-50 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 25-51, by Mrs. Moore, to fix the compensation of the Council for the term beginning January 1, 2028. Chief Administrative Officer Jeri E. Chaikin stated that the City Charter requires Council to set its compensation every two years for two and half years in the future by June 30. Council terms are staggered so that there will be an election for three seats this year and 4 seats in two years. Therefore Council will be voting on a salary that they would not necessarily get since they would have to be re-elected. The current Council salary is $10.440 and in 2023 they voted to increase the salary to $12,500 effective January 1, 2026. This item recommends Council keep the salary at $12,500 per year effective January 1, 2028. This item is requested with a suspension of the rules. Council Meeting March 31, 2025 Page 78 Vice Mayor Ms. Carmella Williams stated that Council spent quite a bit of time discussing this matter. It is important that residents know the work of any Council, rather current members or the ones to follow, is vital and that Council members deserve to be compensated. Council understands that the work is part time and that the bulk of the work is handled by staff. In 2023, they elected to increase compensation consistent with what was done in the past but decided not to increase it further. 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. 25-51 be placed upon its final enactment. Roll Call: Ayes: 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. Carmella Williams, that Ordinance No. 25-51 be enacted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine 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. Kevin Dreyfuss-Wells of 3021 Ludlow Road stated that he is excited that the Ludlow Early Learning Center is under construction and includes play facilities for those attending, ages 3 – 5. Council may also be aware that there is a community need for facilities to serve older children in the community and for gathering spaces. He knows there are conversations going on behind the scenes with the Shaker Heights School District in a collaborative fashion but thought it was improper for the neighborhood to ask specifically for the City’s support. He provided a letter signed by 30 members of the Ludlow Community and broader community. It is important to visualize the map of the City from the southern portion as you go east to west with the Sussex Early Learning Center; moving to Lomond School and Gridley Triangle; Winslow Park; Moreland with Chelton Park, Around the World Playground, Menlo Tot Lot, Council Meeting March 31, 2025 Page 79 and Hildana Park, which all serve a broad variety of children and community gathering needs with amenities until you get to Ludlow where there is a hole in the map on the west side of the City south of Van Aken for residents with children looking for play facilities. There was a very small piece of equipment at Ludlow School which was removed that only served small children. Otherwise it would be a 20 minute walk across a busy Van Aken to Onaway School. He feels there is an opportunity with the work currently going on at the Ludlow School to rebalance this. What happens in 2025 is what they will see for a long time and they should take advantage of this opportunity. The Shaker Heights School District has been revisiting their site design looking at revisions but it is too early to know the final design and cost. He does not have a specific ask, but we have a great partnership. The Shaker Heights School District is taking leadership with the site design and making contributions, the Shaker Schools Foundation is committed to raising funds and contributing funds, but they are looking for the City to be a part of this as well. He feels it is a smart investment for the City, and a modest investment in combination with the partnership that is leveraged can do a lot to provide those facilities to strengthen community. Ludlow is an edge boundary neighborhood and the stability is very important, so the strength that will bring to the community is important. The facility is also used by the broader community for soccer games, t-ball, etc. He encouraged Council to support the Ludlow neighborhood and the work going on. Mayor Weiss stated that he met with Shaker Heights School Superintendent Dr. David Glasner this morning. His understanding is that they are getting close to a final design of the playground for Ludlow. There were some challenging physical constraints on that site with trying to take advantage of as much of the open area for playground but not to risk the loss of trees along both sides of the Ludlow School. Mayor Weiss told the Superintendent that the City was prepared to make some contribution on a partnership basis with many of the stakeholders including the School District, neighborhood, and the Shaker School Foundation. They don’t know the costs yet. The City also offered to assist on doing some analysis on the rear baseball and soccer fields where there has been ponding and he believes our Public Works Department has been able to solve some of the problem with drainage, but they are still doing some investigating. It is a win-win for the Shaker Heights School District, students and our community. We do program these fields and there is a desire to keep these fields. It has been a cooperative process. Council member Mrs. Moore announced that the City was named for the 40th year as “Tree City USA” and we received our 14th growth award for growing our program. Arbor Day is on April 25th and we will be celebrating with the Ludlow Association and Ludlow School with a tree planting at the corner of Southington. On April 26th there will be a Grow not Mow work day at the RTA parking lot on Shaker Boulevard westbound at Warrensville Center Road where they will be planting 18 trees. There is also an annual collaboration between the Tree Advisory Board and the Shaker Library from April 1 – 25th called April Poetry (tree) month, with poetry about trees, including a scavenger hunt for kids. Council member Ms. Bixenstine stated that in honor of Earth Day on April 22 the City-wide free composting program is being launched. Residents can find more information on the Sustainability page of the website. Food waste will be accepted at any of the public elementary schools or Shaker main library. * * * * Council Meeting March 31, 2025 Page 80 There being no further business before Council, the Mayor adjourned the meeting at 9:12 p.m. _________________________________________ DAVID E. WEISS, Mayor _________________________________________ JERI E. CHAIKIN, Clerk of Council Council Meeting March 31, 2025 Page 81