City Council

Council Minutes April 28, 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: 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 April 28, 2028. * * * * Confirming the Mayor’s appointment of William McRae as a member of the Civil Service Commission to fill the unexpired term of Lee Trotter expiring December 31, 2026. Chief Administrative Officer Jeri E. Chaikin stated that long time Civil Service Commission member Lee Trotter asked to step down before his term ended. The Mayor is recommending the appointment of Bill McRae to the Civil Service Commission to fill this unexpired term. Civil Service Commissioners have six- year terms and many stay for two terms. It oversees the hiring and promotional process for both the Police and Fire Departments. Mr. McRae grew up in Shaker Heights, is a graduate of the high school, spent 30 years in the military, and has experience with promotional panels in the military. He has a number of degrees and we are delighted he has moved back home to Shaker Heights. He has exhibited his commitment to giving back with the MAC Scholars program at the high school. Bill McRae stated that he is happy to be home where he grew up. After spending 30 years in the military, including as a Brigade Commander and a Colonel at the Pentagon, he feels like selfless service is something that is important. He is honored to be considered and nominated to serve the City that is his home town. He told people when he was getting out of the military that he was coming back to Shaker Heights to see the Browns win the Superbowl, which may not happen, and because this is home. He hopes to contribute in any way possible. It was moved by Mr. Claytor, and seconded by Ms. Carmella Williams to confirm the Mayor’s appointment of William McRae as a member of the Civil Service Commission to fill the unexpired term of Lee Trotter expiring December 31, 2026.  Roll Call: Ayes: Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus Nays: None Motion Carried * * * * It was moved by Mrs. Moore, and seconded by Ms. Bixenstine, that the minutes of the special meeting of March 25, 2025, be approved as recorded. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mrs. Kaus Abstain: Mr. Claytor Nays: None Motion Carried * * * * It was moved by Ms. Anne Williams, and seconded by Ms. Carmella Williams, that the minutes of the regular meeting of March 31, be approved as recorded. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mrs. Kaus Abstain: Mr. Claytor 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. Council Meeting April 28, 2025 Page 84 Eileen Beal of 19425 Van Aken stated that she has never owned her own dwelling. When she moved here everything was a surprise, sometimes good and sometimes not. She worked with Housing staff for the point-of-sale process who were incredibly helpful. She was concerned that she would have to complete all the violations listed at once, some major and some minor, but it was comforting to know that she did not. Finding technicians during the holidays was like finding dragon’s teeth. She is down to one project and when that is done she will present her list for Housing to check it off. It has been a pleasure working with them. * * * * Ordinance No. 25-52, by Mrs. Moore, accepting proposals and authorizing personal services contracts with CPL Architects and Sixmo Architecture for Master Plan Examiner services, each for a period of up to five years, at a total not to exceed contract amount of $130,000 each, and declaring an emergency. Building and Housing Director Kyle Krewson stated that this item requests approval for a contract with CPL Architects and Sixmo Architecture for Master Plan Examiner services, as the Ohio Building Code and Board of Building Standards requires that we retain a commercial plans examiner for review of any commercial plans submitted to the City. Our current contract with CPL expires next month and the back up plans examiner has resigned and is no longer providing that service. We bid out this service and received four responses which were evaluated based on qualifications, pricing, experience, responsiveness and commitment to DEI principles. The rates ranged from $85/hour to $205/hour. CPL and Sixmo were on the lower end. Any fees that we incur as a result of reviewing those plans is passed through to the permit applicant, so they are fully covered through the permit process. The City has been working with CPL for nine years and they previously provided reviews of the Van Aken district Phase 1, Phase 2 of the Raye Apartments, as well as Arcadia and various School Board projects currently under review. Continuing the relationship with them allows continuity in those services and institutional knowledge of reviewing those plans. We also had a contract with Sixmo Architecture for a portion of the Phase 1 of Van Aken district. This item is requested as an emergency with a suspension of the rules to enter into contracts and provide continuity of plans examiner services as required by law. Council member Mr. Claytor stated that this item was submitted to the Neighborhood and Economic Development Committee although there was not a quorum, but the members present supported this recommendation. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. It was moved by Mrs. Moore, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-52 be placed upon its final enactment. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus Nays: None Motion Carried Council Meeting April 28, 2025 Page 85 Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 25-52 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. 25-53, by Ms. Bixenstine, amending Sections 1415.01 and 1415.05 of the Housing Code of the Shaker Heights Codified Ordinances to modify requirements of the City’s Point of Sale Program. Building and Housing Director Kyle Krewson thanked Ms. Beal for taking time out to express her gratitude for staff assisting her with the point-of-sale inspection program. This item was previously discussed at a Council work session in September and is the first of three changes being proposed. The first phase is to increase the number of partial disbursements. The feedback from the community was to have a more flexible program and reduce barriers to entry by giving people access to their escrow funds sooner to eliminate having to essentially pay for services twice: to fund the escrow and pay the contractor. This also decreases the minimum threshold for partial disbursements from $5,000 to $2,000. Council member Mr. Claytor stated that the he really appreciates Director Krewson’s transparency to the Neighborhood and Economic Development Committee. His presentation was thorough. Council member Mrs. Moore stated that the focus of questions by the Finance Committee were about the financial impact of these changes which would be negligible. The other interesting question was why not have joint ownership of the escrow accounts which was explained. Director Krewson stated that the second piece is to change the way we determine how long a Certificate of Compliance is valid for the purpose of transfer. The current process is inconsistent but this change will set the expiration date at 24 months from the first document, whether a certificate of inspection or certificate of compliance, to create consistency and transparency in the process and gives greater flexibility for folks to correct violations. There is some financial impact as this will reduce the number of additional point-of-sale applications submitted because they will be valid for a longer period of time. Based on 2024 data it would have resulted in $12,000 less in inspection fees. However, it creates a more fluid, transparent process and reduces inspection resource needs. Director Krewson stated that the third and final piece requires escrow account fees established in the buyer’s name. This is a big pain point for the City. The vast majority of point-of-sale escrow accounts are established in the name of the buyer, which is preferred. The buyer has ultimate control of the property and gives us the leverage and incentivizes the buyer to make the repairs. In cases where the seller is funding the escrow account it puts the City in the middle of a dispute. The buyer has little incentive to complete the repairs because they are not entitled to the funds, and often the seller is pushing the City to pursue our requirement to have the violations corrected to get access to their money sooner. This will Council Meeting April 28, 2025 Page 86 affect how the purchase agreements are structured, but it will ultimately ensure that the buyer has access to those funds. Law Director William Ondrey Gruber stated that in addition there is some legal liability. The City can and has been sued over this issue because of disputes between the buyer and the seller. We don’t necessarily care who gets the money back, but it creates excess time and resources used for Building and Housing and Law so this will help to avoid those kinds of litigious scenarios. Director Krewson outlined the implementation and communication plan. They have an extensive amount of work including forms to update, website updates, templates, applications, training staff, etc., in addition to holding two sessions with realtors in the next few weeks. This item is requested with a suspension of the rules to give them the 30 days needed to get everything in order to go live with these changes. Council member Ms. Bixenstine applauded Director Krewson and the Building and Housing Department as well as Director Gruber and the Law Department for all their work in undertaking this comprehensive review of our point-of-sale inspection program and their efforts to make it more efficient, and responsive to the concerns that have been raised by home purchasers, realtors and residents. Council member Mr. Claytor reiterated that the presentation Director Krewson gave at the Neighborhood and Economic Development Committee meeting was very informative and encouraged the public to view the video of that meeting for a more thorough presentation. It was moved by Ms. Bixenstine, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-53 be placed upon its final enactment. 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 Ms. Bixenstine, and seconded by Mr. Claytor, that Ordinance No. 25-53 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 * * * * Resolution No. 25-54, by Ms. Anne Williams, proclaiming May 2025 as Bike Month in the City of Shaker Heights to promote the many benefits of bicycling and encourage more people to try bicycling. Council Meeting April 28, 2025 Page 87 Planning Director Joyce Braverman stated that this item is sponsored by the League of American Bicyclists and May has been nationally designated as bike month since 1956. The League also recognizes May 4 as National Ride a Bike Day, May 12 through May 18 as Bike to Work Week, and Friday, May 16 as Bike to Work Day. The City of Shaker Heights by participating commits to promote these nationally recognized events. The City of Shaker Heights has over 100 miles of bike-friendly roads, including some with sharrows and some with signs that say “Share the Road” along with our off-roads facilities such as the Van Aken Bikeway, the Lee Road Action Plan, the Shaker median trail, the Lake to Lake trail, and our new Lower Lake trail. Council member Ms. Anne Williams stated that this item was reviewed and approved by the Safety and Public Works Committee. Moved by Ms. Anne Williams, and seconded by Mr. Claytor, that Resolution No. 25-54 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 Resolution Adopted * * * * Ordinance No. 25-55, by Ms. Anne Williams, authorizing the acceptance of a grant from The George Gund Foundation for the First Crisis Assistance and Local Linkage (CALL) Program, the regional mental health response program, in the amount of $300,000 for the period April 1, 2025 through March 31, 2026, and declaring an emergency. Chief Administrative Officer Jeri E. Chaikin stated that this is the second year that we have received the George Gund Foundation grant. This grant is in the amount of $300,000. We have had some under spending in the program as staffing comes and goes so these funds will be helpful in bringing the program into a third year. This item is requested as an emergency with a suspension of the rules so that we may get those funds in the bank. Council member Ms. Anne Williams stated that this item was reviewed and unanimously supported by the Safety and Public Works Committee. Council member Mrs. Moore stated that this item was reviewed and unanimously supported 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. 25-55 be placed upon its final enactment. Council Meeting April 28, 2025 Page 88  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 Ms. Anne Williams, and seconded by Mrs. Moore, that Ordinance No. 25-55 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 * * * * Resolution No. 25-56, by Ms. Anne Williams, declaring it necessary, in order to provide support for the maintenance and operation of a free public museum of history in the City of Shaker Heights, to place on the ballot an additional tax levy to increase property taxes by 0.3 mills in order to fund the Shaker Historical Society’s Museum, pursuant to Ohio Revised Code Section 5705.19 (AA). Chief Administrative Officer Jeri E. Chaikin stated that a few weeks ago Council had a very lengthy presentation by the Shaker Historical Museum about this request for a tax levy. This Resolution of Necessity would be the first step that Council would need to take to vote to put this item on the ballot. If this is adopted it will be sent to the County Fiscal Officer to have it certified and returned to the City for Council to pass a Resolution to Proceed which would be sent to the Board of Elections to have it placed on the ballot. The City is working with the County Fiscal Officer and the Board of Elections on the appropriate language in these resolutions and for the ballot. Law Director William Ondrey Gruber stated that they have reviewed this resolution that is before Council so in form it is acceptable to the County. Council member Mrs. Moore emphasized that there was a thorough presentation by the Shaker Historical Museum on the financial details and ample opportunity to ask questions. Those who have lived in this community for a long time are well aware of the value that they have added for decades to the community. It is a struggle when we have to ask the voters for additional funding. The amount that this would require is a relatively small millage and the value is so great. Every Shaker resident would become a member of the museum and every resident could benefit from the leadership of the museum and she is excited to see the next chapter in their history. Council member Mr. Malone stated that he will vote no but he is not voting no because he does not like this organization or because he does not think it deserves public funding. To the contrary, he thinks the Council Meeting April 28, 2025 Page 89 City should continue what we have been doing the last couple of years by subsidizing the museum directly of at least $100,000 for another year, while we work together with the School District, the Library, and the private sector on a plan to help the museum achieve sustainability. He does not think we have done a good of job of that in the past. The fact they are coming to Council feeling they have no other recourse is unfortunate. Since it is a relatively small amount means that they should be able to figure this out without asking voters for more money at a time when the School District will be going on the ballot. He believes Council would be comfortable saying if the Shaker Historical Museum levy were to fail, they would make sure it would continue to exist. He believes the City would be willing and able to provide the funding needed so he feels it is not necessary to go on the ballot. This is a terrific organization with great people. The mission is crucial in telling our story more than we have in the past, and marketing our story is necessary. There are other things equally necessary like the Shaker Youth Center which is another local non-profit funded and subsidized for many years by the City. It is also under funded and under used. Improving recreation facilities is another necessary function of our local government which will cost a lot of money as well. For those two in particular we are trying to avoid going on the ballot even though they are necessary. Those are areas that could use substantial additional funding. We are doing that because we recognize our residents are bearing a heavy tax burden so we are trying to make better use of the resources we have, looking for creative new funding ideas, and working closer with other partners who work in that space. He would like instead sitting down with all of the parties he mentioned before. Other local non-profits like the Shaker Lakes Nature Center and the Doan Brook Watershed Partnership are organizations that take public funding in addition to private and don’t have a dedicated public revenue stream. He thinks we can get there with the Shaker Historical Museum. There are all sorts of ideas for in- kind contributions and better partnerships. This is a crucial organization and he feels the City should be funding it directly. Council member Ms. Bixenstine stated that the Shaker Historical Museum (SHM) has value to the community but as the SHM explained it has suffered financially for a number of years. The SHM has explored all of these other avenues and has been unsuccessful so the SHM feels it is necessary to go on the ballot. She defers to their expertise in that area and feels it is time that we find out if the community does in fact support the Shaker Historical Museum or not. She is not sure she would vote for the City to continue to subsidize it if the community does not support it. It is time we see if the community supports it so she is supportive of this item. Mayor Weiss stated that to the credit of the Shaker Historical Museum and their staff they have found a provision in the Ohio Revised Code which is specific to free public museums. In addition to becoming members there will be no charge to residents by the museum going forward. It is not applicable to other non-profits. Like Mr. Malone he has also had a number of conversations and would have preferred a different approach, but recognizes that it is important the museum remains strong and financially healthy. It is important to let the voters speak on this. In response to a question asked by Council member Mr. Claytor about the timeframe for renewal if the levy proceeds to the ballot, Mayor Weiss responded the renewal would be every five years. It was moved by Ms. Anne Williams, and seconded by Ms. Carmella Williams, that the rule requiring ordinances to be read on three different days be suspended and Resolution No. 25-56 be placed upon its final enactment. Council Meeting April 28, 2025 Page 90  Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus Nays: Mr. Malone Motion Carried Moved by Ms. Anne Williams, and seconded by Ms. Carmella Williams, that Resolution No. 25-56 be enacted as read. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus Nays: Mr. Malone Resolution Adopted * * * * 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 summarized comments received by Leah Bracey of 3706 Sudbury. Ms. Chaikin also referred her concerns to the Police Department. A nuisance letter was issued to her neighbor and staff will be dealing with it according to our ordinances. The Mayor invited members of the audience and those participating via Zoom the opportunity to “raise their hand” to provide public comment. Eileen Beal of 19425 Van Aken stated that the population of Shaker is in the 28,500 range based on 2023 U.S. Census data. There are 13,000 households. Persons 65 and over are 21.8% of the population. If we include ages 60 and over it would probably be closer to 25% of the population. She pointed out that there are more people over 60 than people under 18, yet Shaker Recreation has more programs for those under 18. She feels that is a serious mismatch. She enjoys the programs that are available for seniors but concerned about what will happen going forward, especially in a time when a buzzsaw has been taken to the agencies responsible mostly for taking care of older people. She asked Council for more forward movement on an issue that will only become more pressing for the residents. She understands the problems real estate agents have with people who want to age in place. She also understands people who want to age in place, which doesn’t do anything for the tax base. She would like to see more than two truncated pages in the Recreation Catalog of activities specifically aimed at older adults. Mayor Weiss stated that we have been undertaking a study of recreation programs in general, for over a year now, across all spectrum of ages. We hope to make some advances. Hazel Smith of 2737 Endicott Road stated that she represents the Friends of Shaker Historical Museum. She thanked Council for their words of support and working to advance their resolution forward to allow Council Meeting April 28, 2025 Page 91 the SHM to go to the ballot. The SHM looks forward to making their case of why they should keep Shaker Heights history alive, the value they bring the community, and what more they can bring if they have a sustainable, stable budget. They look forward to continuing to work with the City. * * * * At 7:55 p.m. a Council work session was held. Mayor David E. Weiss and Sustainability Coordinator Michael Peters gave an update on the Solar Roof Project. * * * * There being no further business before Council, the Mayor adjourned the meeting at 8:28 p.m. _________________________________________ DAVID E. WEISS, Mayor _________________________________________ JERI E. CHAIKIN, Clerk of Council Council Meeting April 28, 2025 Page 92 Leah Bracey 3706 Sudbury I would appreciate it if this urgent matter could be addressed during tonight’s council meeting. Thank you for your time. Question: My husband and I are new homeowners on Sudbury Rd after 5 ½ years in the Shaker community. Since January, our next-door neighbor has been blasting music from his car between 1:00 AM and 2:30 AM. We’ve done everything we can — my husband confronted him, and I’ve called the non- emergency police line 5 times, with officers responding each time — he’s uncooperative and the disruptive behavior persists. This is severely impacting our ability to rest and function during the day. This is more than a noise ordinance violation — it’s a serious health concern. Chronic sleep disruption can lead to stress, weakened immunity, and long-term health risks. Our family’s wellbeing and our neighborhood’s peace are at stake. What immediate actions can we take to protect our health and restore peace in this community? Thank you again for your attention.