City Council

Council Minutes May 27, 2025 CITY HALL COUNCIL CHAMBERS The Council of the City of Shaker Heights met in a regular session at 7:01 p.m., Mayor David E. Weiss presiding. Council Members Present: Mrs. Moore Ms. Anne Williams Ms. Carmella Williams Ms. Bixenstine Mr. Claytor (arrived at 7:03 p.m.) Mrs. Kaus Mr. Malone Council Members Absent: None * * * * Video of this meeting may be found here through May 27, 2028. * * * * It was moved by Mrs. Moore, and seconded by Ms. Carmella Williams, that the minutes of the regular meeting of April 28, 2025, be approved as recorded. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mrs. Kaus, Mr. Malone Nays: None Motion Carried * * * * The Mayor asked the Clerk of Council to read into the record public comments received by email or phone on any of the agenda items. Clerk of Council Ms. Chaikin stated that no comments were received on agenda items by email or phone. The Mayor invited members of the audience and those participating via Zoom the opportunity to “raise their hand” to provide public comment. No comments were offered. * * * * Ordinance No. 25-57, by Mr. Claytor, authorizing a personal services, design-build, Solar Development Agreement with 21C LLC d/b/a Compass Energy Platform, without competitive bidding, in an amount not-to-exceed $1,596,254 for the City Service Center Solar Project, and declaring an emergency. Sustainability Coordinator Michael Peters stated that this item requests approval to enter into a contract with Compass Energy Platform to install renewable electricity generation locally on the City’s Service Center roof. This request is both driven by economics and moral authority. This is for an economic investment with a real economic return for the City, effectively receiving a grant of emission-free electricity in the later stages of the investment, and to choose to follow the path of a sustainable future for Shaker residents. This request is continuing on this well-conceived, thoughtful and forward-looking path and stands in sharp contrast to the many ill-conceived, and reckless policy reversals that will inevitably harm our residents. We have continued to work diligently to negotiate this contract with Compass Energy and effectively completed that work. This was time well spent with the efforts of the U.S. House of Representatives to severely repeal portions of the Inflation Reduction Act and more specifically the federal tax credits for solar generation. We have discussed these developments internally, with Compass Energy, and with various outside experts. While the expectation is that the Senate reconciliation of the House Bill will result in changes, it will be quite difficult for those changes to be anything but positive for our project. However, even if the final legislation remains the same, the general belief is that the City would continue to qualify for the federal tax credits and receive them as projected. That being the case, the City is likely to realize cost-savings for electricity over the 25 year expected life of the project of between $450,000 and $800,000. The period where the savings from offsetting our First Energy electric bill would exceed the investment costs is between 17 and 20 years. With the additional benefit of generating over 13,000,000 kwh of emission-free electricity right here in our City. It is a big and somewhat complex project but one that has not been conceived hastily. The Administration, the Law Department. the Finance Department, and the Public Works Department have collaborated to bring as much clarity as reasonably possible to the project. Safeguards exist in the contract to limit the economic exposure. Additionally the Sustainability Committee and Finance Committee have both reviewed this matter and voted to recommend it for Council. The total request which includes a contingency of over $100,000 is for an appropriation of $1.8 million that after the tax credit would be an investment of $1.16 million. It is a $1.8 million project offset by a grant of $638,000. This item is requested as an emergency to execute the contract as soon as feasible to mitigate the federal risks over the tax credit. Council member Ms. Bixenstine stated that this item was reviewed and unanimously approved by the Sustainability Committee. She thanked Mr. Peters for his substantial work and expertise on this project. She also thanked Mayor Weiss, CAO Chaikin, the Public Works Department staff as well as the Finance Director and Law Director. She appreciates participating in the meetings to refine this project and be educated on the complexities. She is a strong advocate for this project for a number of reasons. It is important to begin by understanding the context that we are facing real, serious and accelerated climate change. We are facing more frequent and severe storms and other extreme weather events such as droughts and flooding. At the same time we are facing increasing unreliability of our energy supply. We have a very old grid in Ohio. We have at the same time increasing demands on our energy supply due to the growth of data centers and increasing use of artificial intelligence. Everyone who lives here has experienced numerous power outages. This is a narrow window of opportunity for us to secure reliable energy that we would be generating right on the rooftops of our Service Center. It would be green, renewable energy at a fixed cost, which is lower and substantially lower than the alternative electric supply. It would supply our critical Public Works activities for 25 to 30 years, the expected life span of the solar Council Meeting May 27, 2025 Page 94 panels. It would also decrease our reliance on fossil fuels and their associated pollution, and reduce our carbon footprint. It would contribute in a meaningful way to ameliorating our environment. We have this narrow window to take advantage of the investment tax credits of 30% and perhaps an additional 10% if we ultimately opt for domestic content and determine there is sufficient supply of domestic content for this installation. The current House Bill calls for an end to the investment tax credits at the end of 2028 for municipalities like ours and it also requires the commencement of construction within 60 days of the bill’s passage. The bill is now before the Senate. We have no idea what changes the Senate may make and what the reconciliation process would bring, but other than the Safe Harbor provisions, payment of at least 5% within 60 days of passage of the bill would satisfy the requirement of commencement of construction within 60 days. It seems like it is still a reasonable and prudent risk and even if we don’t receive the tax credits we are still projected to break even over the lifespan of the panels, 21 – 25 years. She reiterated Finance Committee Anthony Moore’s comment that this is the time for action and not for hand wringing over what ifs. If we don’t undertake this project now it is highly unlikely we will do it for many years. This would likely result in a cost savings of $450,000 to over $800,000 in savings over the life of the panels. It would provide reliable, green energy. It would demonstrate our City’s commitment to renewable energy and sustainability. It would have a positive effect on the environment in our community by not using fossil fuels and it would be helpful to our LEED recertification next year. The Sustainability Committee noted that sustainability is one of our stated core values. This project would demonstrate a meaningful commitment to those values. She urged her colleagues to vote in favor of the contract with Compass Energy and the appropriation for this project. Council member Mrs. Moore stated that this item was reviewed and approved by the Finance Committee. However there were two dissenting opinions. It is not often to have any dissenting opinions. The one indicated that assuming the worst case scenario with a 25-year return on investment, it was not a compelling case for a capital project. Often we do make compelling cases for capital projects that have a 25-year return on investments. Any number of economic development projects we never seem to question. In this particular instance of this sustainability proposal for solar, it was questioned. The other person who was not opposed to solar, felt that we should tackle a smaller project first. The result was a 6:2 vote. Council member Mr. Malone thanked everyone involved with this project, spending 7 to 8 years trying to figure out a way to put solar panels somewhere on a City building. He gave credit to Council member Ms. Bixenstine, Council member Mrs. Moore, and Council member Ms. Anne Williams on the Sustainability Committee as well as Michael Peters, the Administration and Mayor Weiss for finding a way to do this in an economical fashion. He also thanked members of the Finance Committee who asked tough questions and made this project even better. That is an important aspect of our City government. He also thanked members of the Sustainability Committee for their service to the community. Mayor Weiss stated that he finds himself in an unusual position. He has not often disagreed with his colleagues on Council. He does not disagree fundamentally with the importance of solar and in fact it was at the recommendation of the Administration that we put a solar project into the budget for this year. The disagreement is with the size, the risk, and the return on our investment. While he is absolutely in favor of a solar project, sometimes we have tough conversations or positions. This is one for him. He agrees with the non-economic reasons, but from a purely financial standpoint, he has concerns over the return as currently proposed. It is undoubtedly clear that the investment tax credit is critical to make this transaction a better return, but it is still not a great return to be honest from his perspective. Without the tax credit, three scenarios have a return of less than 1% and one is actually negative. Even with the investment tax credit, two scenarios have a return of 2.4% and two scenarios of 3.8%. He has spent a lot Council Meeting May 27, 2025 Page 95 of hours with Mr. Peters over the last 7 years talking about how they could find an appropriate proposal, but also makes good economic sense. In terms of the total cost savings number, on the high end it would be roughly $800,000 but over 25 years. That is a long period. If we were to lose the tax credit it may be well under $500,000 in cost savings, and in one scenario it is negative depending on the facts. There are some risks and unknowns that cause him pause. The unknowns include additional costs that we are not sure about at this point, including whether there are additional costs for the roof warranty on the building, additional costs for insurance, electrical service upgrades and potential transformers that may add to the cost of the project. In some cases he fears that some of their assumptions may be too low in terms of maintenance for the project and that the returns don’t account in any way for the roof expenditure that we have already taken on, going from $1,000,000 to $2.4 million. The costs overall have continued to rise over the course of the analysis. The overall solar project has gone from an estimate of $800,000 to potentially as high as $1.6 million. We also need to keep in mind that the tax credit, while not a major point, is not paid until 2027. That will require us to advance 100% of the costs until we are reimbursed after the fact. While it is true that if costs continue to go up we might reduce the number of panels on the building to make up for that and keep the costs no higher than what has been approved by Council, but that reduces the return even further. Lastly, he has some fears that Council may address, but he wanted it on the record that he feels strongly about the potential impact of other transformational and large capital projects. They have talked about the challenges to fund a number of those projects which still remain a challenge. Because of timing this project came first, but they still have much to finance going forward, in particular recreation, coming from their strategic plan. He would hate to see them limited on some of the other projects which are also quite important for the community. He yields the floor but wanted to express his opinion. Had the Finance Committee members added a different project or a smaller project he would have been unambiguously in favor. It was moved by Mr. Claytor, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-57 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Motion Carried Moved by Mr. Claytor, and seconded by Ms. Bixenstine, that Ordinance No. 25-57 be enacted as read. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Ordinance Enacted * * * * Council Meeting May 27, 2025 Page 96 Ordinance No. 25-58, by Ms. Bixenstine, appropriating funds from the General Capital Fund 0401 to provide for the development, design, engineering, equipment procurement, contractor selection, construction, project management and project oversight of a solar development project on the Service Center roofs, and declaring an emergency. Sustainability Coordinator Michael Peters stated that this item is for the appropriation of funds related to the Service Center roof project. It was moved by Ms. Bixenstine, and seconded by Mrs. Moore, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-58 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Motion Carried Moved by Ms. Bixenstine, and seconded by Mrs. Moore, that Ordinance No. 25-58 be enacted as read. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Ordinance Enacted * * * * Resolution No. 25-59, by Mr. Claytor, determining to proceed 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), in order to provide support for the maintenance and operation of a free public museum of history in the City of Shaker Heights. Chief Administrative Officer Jeri E. Chaikin stated that this issue has been before Council twice already, in a work session where the Shaker Historical Museum (SHM) presented this request, and Council passed the Resolution of Necessity required which was submitted to the County Fiscal Officer and County Board of Elections. The County Fiscal Officer certified the Resolution of Necessity and if passed the proposed levy would bring in $352,300 annually at a rate not exceeding .3 mills for each $1 of taxable value. This amounts to $11 for each $100,000 of the appraised value for five years commencing in 2025, first due in calendar year 2026. The affirmative votes of a majority of those voting is necessary for passage. This Resolution to Proceed would then be shared with the Board of Elections before the August 6 deadline to be on the November ballot. Council Meeting May 27, 2025 Page 97 Council member Mr. Claytor stated that while many on Council support the mission, events and goals for the Shaker Historical Society those on Council who vote for this action are voting to allow the voters of the City of Shaker Heights to have their say on if they want this tax increase. He wanted to acknowledge while Council is voting to allow democracy to take place for voters to have their say it is not necessarily an endorsement of Council as a whole or any individual Council member. Council member Mrs. Moore stated that in the past the Shaker Historical Society has been a member oriented museum and society. This action would change that. If this is approved by the electorate every single Shaker resident would then be a member of the society and the museum. This is a move to democratize the actual operation of the museum. It was moved by Mr. Claytor, and seconded by Mrs. Moore, that the rule requiring ordinances to be read on three different days be suspended and Resolution No. 25-59 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus Nays: Mr. Malone Motion Carried Moved by Mr. Claytor, and seconded by Mrs. Moore, that Resolution No. 25-59 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 * * * * Ordinance No. 25-60, by Ms. Carmella Williams, adopting the Recreation Strategic Plan which prioritizes improvements to select park and recreation facilities to provide high-quality amenities for all neighborhoods and residents. Principal Planner Kara O’Donnell stated that this item is to adopt the Recreation Strategic Plan dated May 2, 2025. Section 1212.02(A) and (F) of the Shaker Heights Zoning Code gives City Council the authority to take such actions as necessary to plan for the future development of the City and approve or disapprove proposed amendments to any existing land use policies. This has been a long term community-driven plan that prioritizes investments in select parks and recreation facilities to provide high quality amenities for all neighborhoods and residents. As part of the community engagement process goals were established for the Plan, which were to encourage recreation and development recommendations that correlate and promote prior planning efforts, such as the Forward Together Plan, as well as engage our diverse citizenry and create a strategic focus and coordinated plan for key recreational sites, recognize each site and facility’s unique potential and programming opportunities, to create a plan Council Meeting May 27, 2025 Page 98 that serves the diverse population and its needs, and to provide community facilities that have the capability for gathering and bringing people together. They held well attended engagement opportunities. There were advisory group stakeholder interviews, public meetings, and event pop ups, and online engagement with hundreds and thousands weighed in on what they would like to see in recreation. The Plan provides site improvements for Chelton Park, STJ Community Building quadrant, Thornton Park, the Shaker Middle School site, and Hildana Park. The Recreation Strategic Plan is shaped through extensive community and stakeholder engagement. It is a long term framework to guide recreation enhancements. While the Plan outlines priorities for each site, final decisions will be made by City Administration and Council which balances community vision with cost, timing, facility conditions and funding realities. Recognizing that full implementation will take time, potentially decades, the Plan is designed to be flexible and responsive. Investments will be based on current conditions; site readiness; funding availability, which includes grants, partnerships and sponsorships; and coordination with other City efforts. Equity and access will remain key considerations, especially in underserved areas near schools. The Plan recommends immediate next steps which include an updated condition study for the Thornton Park ice rink as well as a phase II operations and implementation plan. In addition, first actions and early wins recommended our Chelton Park basketball court, the STJ Community Building quadrant turf field, Hildana Park improvements which we have secured grants for and engineering is underway, and a Middle School median dog park. This item is requested with a suspension of the rules to provide planning required for the next steps. Council member Mrs. Moore asked if the STJ Community Building quadrant turf field will be artificial turf. She has copied Council on the recent research on the negative safety health impacts of artificial turf fields and included the Planning Department. She has serious concerns about the dangers for our youth and others who may play on that field. Council member Ms. Bixenstine stated that she shares those concerns. If they vote for this Plan she asked if the determination may be made later after more study about artificial turf. Ms. O’Donnell stated that the Plan is a framework, a vision of what could be. Council decides what we implement and what we don’t. Within the Plan there is as section that explains some of those pros and cons of artificial turf. It was also shared with the Recreation Department. Council member Mrs. Moore stated that within the pros and cons were not included the health hazards of micro plastics on youth. The Recreation Director did not have any research to that effect. That is why she supplied a summary of the research. Ms. O’Donnell stated that there are different studies on the dangers of that as well as other products that might be PFAS free turfs. We do not know what the opportunities will be when and if this will happen. Things are being developed all the time. Putting this in the Plan was based on hundreds of community public comments about wanting more places to play in Moreland specifically and wanting access to this field for a pick-up game. The problem is that this has been one of the wettest springs. No one has access now because they are so wet. In a land locked community like we have it is very challenging to provide the recreation opportunities that people want and balance that with the other concerns. Council member Mrs. Moore stated that there are clearly alternatives to other locations that we could put non artificial turf or natural grass turf fields, but she is raising the point on health concerns from the research about artificial turf. Council Meeting May 27, 2025 Page 99 Mayor Weiss stated that the key word here is framework. There is not anything in this study that is mandatory as drafted or as provided in the Plan. It is a concept Plan but it certainly does not replace any of the public comment and input that will come as this process unfolds over many years. He is sure there will be many other items that people will also disagree with for a wide variety of reasons. He looks forward to having those discussions as well. Council member Mr. Malone stated that this item was reviewed and approved by the City Planning Commission. He looks forward to future conversations as the process unfolds as well. To the point about artificial turf, his son is playing on it and kids all across the country are on it on a daily basis. He is eager to find out whether it is safe. We want to be responsible in how we think about it. He wanted to credit everyone involved with this. While it is not a final product, it is an important milestone. There has been a ton of work to get to this point. He would like to credit the Mayor and Council for voting to appropriate money for this and see this Plan through, along with the consultants, Planning and Recreation staff, former staff and residents who participated. This is a bold plan and he hopes we can be bold in implementing it in the next few years. Council member Mr. Claytor stated the he echoes Council member Mr. Malone’s appreciation for City staff and former staff that have put in a lot of work to help us envision how we can invest in our community. That is critically important. Access to recreation and healthy ways for people to spend their time and enjoy their life in the City is critical so he is appreciative to see the investment, and particularly in his neighborhood, Moreland. Council member Ms. Anne Williams expressed her appreciation also. This has turned out to be a terrific product. She gave special thanks for the robust community engagement. She felt like there was a lot of effort to have meetings where we normally would not reach out to the community, including the block party at Lee and Chagrin. She feels the community has been heard. Council member Ms. Carmella Williams stated that many residents may not know what happens behind the scenes or before items get to Council. She commended staff for the work they do before things get to Council, residents who participated in the community information gathering events, and for staff seeking grants to help pay for these and other projects. Mayor Weiss stated that he would like to add his appreciation to all and concurs with all the comments made by Council. It comes as no surprise that this project in a place like Shaker is not the easiest of strategic plans. Not having a large site for a lot of the recreation activities that we would like to see in our community makes it very challenging. He commended the Planning Department and Recreation Department staff as well as the entire community for coming up with great concepts for how we can accomplish what we would like, and what is important to our community in a place that physically makes it very challenging. Council member Ms. Bixenstine added her appreciation. The Plan seems to reflect the public input and have something for everyone, all the different constituencies. It has distributed facilities and a balance between green space and places to play and recreate outside as well as indoors facilities. It is an exciting framework. It was moved by Ms. Carmella Williams, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-60 be placed upon its final enactment. Council Meeting May 27, 2025 Page 100  Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Motion Carried Moved by Ms. Carmella Williams, and seconded by Mr. Claytor, that Ordinance No. 25-60 be enacted as read. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 25-61, by Mr. Claytor, accepting a proposal and authorizing a personal professional services contract with Osborn Engineering for the Thornton Park Ice Rink Mechanicals Study in the total amount of $32,167, and declaring an emergency. Recreation Director John Doyle stated that this item requests authorization to enter a contract for the Thornton Park ice rink study. They felt it was important to evaluate the existing life of the ice mechanicals and wall as HVAC and dehumidification systems of the ice arena, with the Recreation Strategic Plan coming to a close and first action steps soon to be decided. This is in an effort to help determine the timeline for addressing the ice rink portion of the proposed Recreation Strategic Plan. The ice rink was built in 1968 and there have been many repairs over the years and updates to the mechanicals systems, but the facility is continuing to age. In 2018 a similar study was conducted to evaluate the estimated remaining life of all aspects of the building and at that time it was estimated to have about 10 years of useful life remaining. The Recreation Department issued a Request for Proposals (RFP) in April, and 5 firms were provided with the information, with 1 firm, Osborn Engineering, submitting a proposal in the amount of $32,167. This item is requested as an emergency with a suspension of the rules to proceed in conducting the study. Council member Mr. Malone stated that they did not have time for this item to formally be reviewed by the Recreation Committee, but Director Doyle did communicate with him about it. He appreciates the fact that although only 1 firm bid on the project, staff did negotiate to bring down the cost somewhat. The number of low bids are possibly due to the relatively smaller and confined project, but we don’t know for sure. Mayor Weiss congratulated Director Doyle on a successful Memorial Day parade event. Council Meeting May 27, 2025 Page 101 Council member Mrs. Moore thanked Public Works for their banner job on making the City look beautiful, especially the manicured parade route. Director Doyle stated that many departments worked together on the parade and obviously the City has a great team all the way around. It was moved by Mr. Claytor, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-61 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Motion Carried Moved by Mr. Claytor, and seconded by Ms. Bixenstine, that Ordinance No. 25-61 be enacted as read. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 25-62, by Mrs. Moore, authorizing the transfer of a portion of City-owned property located on East 153 Street in the City of Cleveland, Parcel 130-19-023, to the Cuyahoga County Land Reutilization Corporation, after the parcel is split, and the Shaker Heights portion of Parcel 130-19-023 is consolidated with City-owned parcel 735-12-013, authorizing the disposition of City-owned property no longer needed for municipal purposes, without competitive bidding, and declaring an emergency. Neighborhood Development Specialist Sharra Thomas stated that this situation came about in the late 1960s where the City acquired this parcel when there was a demolition from a previous property owner with 42% of the parcel in the City of Shaker Heights and 58% in the City of Cleveland. Once the parcel was demolished, there was a tax exemption process that took place, but only on the portion in the City of Shaker Heights. Over the years there have been staff dealing with Cuyahoga County as it relates to delinquent taxes. Recently we were notified that the parcel that lies in the City of Cleveland was facing tax foreclosure. The two parcels once identified as both owned by the City of Shaker Heights but the parcel in the City of Cleveland did not get the tax exemption, which is now $113,952 delinquent in property tax. Staff has worked closely with the Cuyahoga County land bank to determine how to address this issue. It is in the City’s best efforts to request approval to enter into an agreement with the Cuyahoga County land bank to donate this parcel once it is split and consolidated to the Cuyahoga County land bank, which will cover the cost of the surveyor and plat preparation. This will eliminate the debt obligation Council Meeting May 27, 2025 Page 102 for the City for the sliver of this parcel in Shaker. This parcel has no upcoming development plans. This item is requested as an emergency. Law Director William Ondrey Gruber stated that before Sutton Place was created the Shaker Heights map looked very different. The City bought a number of properties to create it. Today the City owns a number of parcels of land that are slivers along the south side of Sutton Place. There is also a parcel on 153rd street the City purchased and eventually demolished the house. Some lots along the borders where a house is divided among two cities will have separate parcels. In this case there was one parcel which overlaps the Cleveland border into Shaker Heights. For some reason there was no separate parcel created in Shaker Heights for the portion over the border. There was some confusion as to whether it transferred to Shaker. When we found out there was a tax delinquency on the Cleveland portion because the tax exemption was not requested, we asked the County about it, who thought it was a mistake and would work it out. A few years later we got a notice that our property was in tax foreclosure. This action will resolve this issue. The Cleveland side is not needed by the City of Shaker Heights for development. If we want to develop the Sutton Road side in Shaker Heights we may. It made sense to finally subdivide the property along the border. The Cleveland side will be donated to the Cuyahoga County land bank as a deed in lieu of foreclosure so the taxes will be cleared. It was supposed to be tax exempt all along and it has never been used for any commercial purposes. The Shaker side will be consolidated with a Shaker parcel along Sutton Road. This item authorizes Council to transfer a City-owned property to the Cuyahoga County land bank. Council member Mr. Malone asked if the lot on Sutton Road is developable and if it will be listed on the City’s vacant lot registry. Ms. Thomas stated that the remaining parcel on the City’s side will be listed on the City’s vacant lot available parcel list. It has not been evaluated for development purposes. Under the new policy as it relates to lots and their size requirements, it will be determined whether it may be used for infill once reviewed. Director Gruber noted that it is not adjacent to an occupied property so it would not be subject to use as a side lot. Council member Ms. Bixenstine stated that this item was reviewed and fully supported by the Neighborhood and Economic Development Committee. Council member Mrs. Moore stated that this item was reviewed and approved by the Finance Committee. They want the debt wiped away. 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. 25-62 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Motion Carried Council Meeting May 27, 2025 Page 103 Moved by Mrs. Moore, and seconded by Ms. Anne Williams, that Ordinance No. 25-62 be enacted as read. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 25-63, by Mrs. Moore, authorizing the City’s application for and acceptance of a grant in the amount of $584,000 from the United States Department of Transportation's FY25 Safe Streets and Road for All Program (SS4A) as a part of the development of the City’s Comprehensive Safety Action Plan and Demonstration Projects, and declaring an emergency. Principal Planner Kara O’Donnell stated that funding has been available since 2022 for the Safe Streets for All program (SS4A) grants to prevent roadway fatalities and serious injury with the idea and goal of having zero roadway deaths using a safe system approach. A comprehensive safety action plan is to prevent roadway fatalities and serious injuries in a locality or region. Long term concerns have been raised by Shaker residents about traffic safety, which will be studied during the development of the comprehensive safety action plan. Recent resident safety and traffic concerns include Fernway and Parkland, Lomond and Gridley Park, Winslow Road, South Park and Coventry and Shaker Boulevard at the Middle School. The Public Works Department and Police Department often hear from residents about concerns of speed or volume on their street. The safety action plan will study these areas as well as all other areas of the City to look comprehensively at the issues with traffic and how we can improve safety. The development of the safety action plan has broad community support as evidenced by the 2024 Listening Project findings which indicated that the number one safety concern of Shaker residents is traffic safety. The action plan would develop a holistic, well-defined strategy to prevent roadway fatalities and serious injuries in the City. It will also identify and prioritize safety upgrades that will support roadway safety implementation plans. These plans help us get grants and that is the strategy here. It gives us a roadmap literally and figuratively for how to deal with the safety issues. The Planning Department would contract with a consultant who would aid in developing the action plan. At the same time we are doing the plan, when we find sites that are in need of safety upgrades, they also provide money for pilot or demonstration projects. We could either do that as we are going through the process or at the end of the process. That might allow us to test drive temporary improvements like road diets, which could use delineators, day lighting crosswalks moving parking away from crosswalks so people have better visibility, signal improvements, and general traffic calming that we have seen in other places, or consider new ideas. It gives us the opportunity to test drive and it is very data focused. We would collect data before and after to know if these traffic calming or other projects we do are successful and could be looked at to do in other places in the City. The total project cost is expected to be $730,000 with $584,000 from the United States Department of Transportation, $96,000 in a cash match from the City, and $50,000 as an in-kind match in staff time managing this project. The grant materials are due June 26. We would find out about awards in December. This item is requested as an emergency with a suspension of the rules to enable us to apply for the grant by the deadline. Council Meeting May 27, 2025 Page 104 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. All of Council is very appreciative to the Planning Department for applying for this grant. They often feel like they are playing whack-a-mole with reporting requests to the Police Department for traffic calming, and different safety initiatives like speeding and running stop lights. It is impossible to know where the most acute need is or when, if we don’t do a planning study like this. She is afraid we will always be playing this game and it is a serious game, because people could be killed. This is so needed now. She thanked staff for this. Council member Mr. Claytor asked about the different intersections that are the focus of the study in addition to the rest of the City and if the perimeter is broader than those cross streets. Ms. O’Donnell stated that these are streets which have received complaints from residents or people driving through the intersections. That is not to say that those are more dangerous than ones where we have not received complaints. The point of the plan is to find the places where interventions can increase safety the most. 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. 25-63 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 25-63 be enacted as read. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 25-64, by Mr. Claytor, authorizing a personal services contract with RAW Design for professional fabrication and installation services for a public art sculpture bench as the final phase of a continuous two-phase project for the Hildana Park Improvements Project, in an amount not-to- exceed $91,500, and declaring an emergency. Council Meeting May 27, 2025 Page 105 Principal Planner Kara O’Donnell stated that this item is for a personal services contract as part of the Recreation Strategic Plan. RAW Design was chosen through a request for proposals for public art as well as other improvements like landscape, and seating within Hildana Park. Phase I was generating ideas and engaging the public in community meetings which resulted in a couple preliminary design ideas. Through that process of multiple community meetings as well as Moreland Neighbor Night meetings with residents they have been talking about latest drawings for the Hildana Park plan. The artists are finalizing the plan working with the structural engineer to wrap up the detailed design and construction drawings. Public art is always different from other projects because we contract with a public artist who fabricates the art and finishes the design. We have Community Development Block Grant (CDBG) funds and Community Development Supplemental Block Grant (CDSG) funds so all the work must be done this year. The design has been positively influenced and impacted based on what the members of the community wanted. This contract is for $91,000 for fabrication, installation, construction management, travel and all other expenses. $15,000 would come from the 2022 community projects budget and $76,500 is from CDBG/CDSG funds. This item is requested as an emergency and with a suspension of the rules to enable us to conform to grant timeline requirements. This design was reviewed and unanimously approved by the Public Art Task Force. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. It was moved by Mr. Claytor, and seconded by Ms. Carmella Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-64 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Motion Carried Moved by Mr. Claytor, and seconded by Ms. Carmella Williams, that Ordinance No. 25-64 be enacted as read. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Ordinance Enacted * * * * Council Meeting May 27, 2025 Page 106 Ordinance No. 25-65, by Mrs. Kaus, administrative acceptance of the approval of the City Planning Commission and confirmation of the granting of a conditional use permit for Type A home child care for the Best of Both Worlds Family Childcare at 17028 Scottsdale Boulevard, pursuant to Section 1213.05 of the City’s Zoning Code. Planner Daniel Feinstein stated that this item is for a conditional use permit for a Type A home daycare, which was approved by the City Planning Commission with the following conditions: That there be a 4- foot tall fence added to the east property line inside of an existing hedge; a continuing obligation to comply with the City’s noise ordinances; outdoor play times between 9:00 a.m. and 7:00 p.m., and pick up and drop off must occur in the driveway. A staff review will be conducted after 1 year. A Type A home daycare allows up to 12 children in the home and requires a conditional use permit. A Type B home daycare, which is more common in the City, allows up to 6 children in the home and is allowed as an accessory use of the house. The applicant has already operated a Type B home daycare in this home for 20 years without issues, and has already secured a permit for the fence to be installed. Council member Mr. Malone stated that this item was reviewed and unanimously approved by the City Planning Commission as noted with conditions. They discussed the side fence to accommodate the increase in the number of children and stay consistent with what Council intended when this issue first came up with Type A home daycares. There have not been any complaints from neighbors and the applicant has been operating in compliance with the regulations for 20 years so no issues are expected. It was moved by Mrs. Kaus, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-65 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Motion Carried Moved by Mrs. Kaus, and seconded by Mr. Claytor, that Ordinance No. 25-65 be enacted as read. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Ordinance Enacted * * * * Council Meeting May 27, 2025 Page 107 Ordinance No. 25-66, by Mr. Claytor, authorizing an amendment to the 1975 Transfer Agreement between the City and the Greater Cleveland Regional Transit Authority (GCRTA), and the granting of a license and encroachment easement to GCRTA, to facilitate improvements at and around GCRTA’s Warrensville-Van Aken Rapid Transit Station and Van Aken Busway, and declaring an emergency. Law Director William Ondrey Gruber stated that the City entered into a transit agreement in 1975 with the Greater Cleveland Regional Transit Authority (GCRTA) to transfer our transit system to them. The City retained ownership of most of the property used for the rapid transit system located in the City, but granted GCRTA an easement along Shaker Boulevard and Van Aken Boulevard, including on either side of the tracks, the train stations, the parking lots, and the end of the line turnaround called the Loop Yards at Green Road (Green Line) and Warrensville Center Road (Blue Line). The transfer agreement has been amended a few times, most recently in 2016 when the Van Aken development was created and GCRTA was willing to give up a portion of their train station at Van Aken/Warrensville for the development. We reduced the easement and the City transferred property it still owned to RMS to make land available for the new development. In 2022, the City partnered with GCRTA and Van Aken district owners, RMS, to enhance the Warrensville-Van Aken Transit Station with the Public Realm project. In 2023 City Council approved the dedication of the right-of-way along Tuttle Road. While some improvements were completed by GCRTA at the Transit Station, the Comfort Station plans are being finalized for planned construction this year. To facilitate the Public Realm project and the GCRTA improvements, including the Comfort Station and Van Aken busway, and the realignment of the tracks, the City and GCRTA agreed to amend the GCRTA easement and the original transfer agreement. We will grant them a permanent encroachment easement along Tuttle Road to enable portions of the property subject to the RTA easement to be dedicated as public right- of-way. On Tuttle we are granting a permanent license for light poles, signage and other things that they will have to maintain. We are giving back some of the easement along Van Aken needed along the busway that GCRTA will also maintain. These changes will all be done in two agreements: the amendment to the transfer agreement and an encroachment easement. Council member Mrs. Kaus stated that this item was reviewed and approved by the Administration Committee. They are grateful for the partnership with GCRTA and the advanced development in the Van Aken district. Council member Mr. Malone stated that this item was reviewed and approved by the City Planning Commission. This is a way to allow GCRTA to continue its maintenance responsibilities in this area. It was moved by Mr. Claytor, and seconded by Ms. Carmella Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-66 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Motion Carried Council Meeting May 27, 2025 Page 108 Moved by Mr. Claytor, and seconded by Ms. Carmella Williams, that Ordinance No. 25-66 be enacted as read. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 25-67, by Mrs. Moore, authorizing an agreement with the Northeast Ohio Regional Sewer District to use City Community Cost Sharing funds in the amount of $387,411 to pay for the purchase of a sewer inspection camera truck, and declaring an emergency. Public Works Director Ramona Lowery-Ferrell stated that the Northeast Ohio Regional Sewer District (NEORSD) created a financial account called Community Cost Sharing funds for storm water management projects related to maintenance activities, which also includes equipment purchases. 25% of the total annual storm water management program fees collected from member communities may be dispersed at the NEORSD’s discretion through a grant application and reimbursement process. As of January 2025, Shaker Heights had accumulated $387,935 in our community cost sharing account. The City’s annual accrual is approximately $200,000. Council supported the Public Works Department request to purchase a sewer inspection camera truck, which was in the Memorial Day parade. The purchase of the camera truck will help the City meet the best management practices for sewer maintenance. Thus using the state term contract, Public Works purchased the camera truck in March in the amount of $387,411. In February, Public Works submitted the community cost sharing application to offset the full cost of the camera truck and the NEORSD approved the application and provided an agreement for City signature. This item requests authority to enter into a contract with the NEORSD for the use of community cost sharing funds in the amount of $387,411 to offset the cost of the sewer inspection camera truck. Council member Ms. Anne Williams stated that this item was reviewed and approved by the Safety and Public Works Committee. They were happy to see the use of the community cost sharing funds for this purchase. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. It makes good financial sense for the City despite cost increases. Mayor Weiss congratulated Director Lowery-Ferrell on a successful Memorial Day parade event. 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. 25-67 be placed upon its final enactment. Council Meeting May 27, 2025 Page 109  Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 25-67 be enacted as read. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 25-68, by Mr. Claytor, accepting a proposal and authorizing a personal services contract for professional design services with GPD Group, Inc. in the total not to exceed amount of $192,135 for the Lee Road Relief Sewer Project, and declaring an emergency. Public Works Director Ramona Lowery-Ferrell stated that in 2023 the City adopted the Lee Road Action Plan with the primary purpose to improve the road infrastructure and provide opportunities for future development from Van Aken to the southern City limit. This project is also a collaboration with the Cuyahoga County Department of Public Works who is managing the design of road improvements that includes resurfacing of Lee Road from Van Aken to the northern City limit. It is the intent of Cuyahoga County’s Public Works Department to start construction in the summer of 2026. The Shaker Heights Public Works Department has been studying the sewers along the Lee Road corridor for the past three years in phases. The initial investigation included a preliminary condition assessment of the sewers including flow monitoring, typically the first phase in a sewer investigation, looking at sewer capacity to see if it can handle any additional flow. Based on the consultant’s findings the existing sanitary main cannot support any redevelopment or additional load into the system. The next phase was to understand the capacity limitations by taking the flow monitoring data and putting it into a hydraulic model to determine potential solutions. Based on that the most viable alternative was to install a relief sewer to handle additional flow for additional development. To meet the County’s aggressive schedule and not conflict with the road improvement construction project, the sewer project needs to start in January 2026. Understanding the aggressive timeframe to align projects and the duration of the City’s procurement of professional services which takes approximately 3 months, Public Works requested a proposal from GPD for design services related to the Lee Road relief sewer in April. GPD is currently under contract as the City engineer and has been supporting Public Works throughout the Lee Road flow monitoring and hydraulic modeling efforts. The general scope of work for GPD will include the development of construction drawings, specifications, and cost estimates; assisting us with permitting requirements for EPA as well as the NEORSD; coordinating with Cuyahoga County’s Public Works Department and other stakeholders; as well as limited construction administration. GPD has successfully completed numerous sewer design projects for the City. Their staff is very familiar with the project and has the Council Meeting May 27, 2025 Page 110 availability to meet the aggressive schedule. GPD provided a fee proposal in the amount of $192,135. Public Works has reviewed the proposal and believes it to be fair and reasonable. Funds for the Lee Road relief sewer in the amount of $400,000 were appropriated as of year 1 of 2. The probable cost of construction will be refined as the sewer design progresses. Public Works will use the engineer’s estimate to request additional funds for construction in the fall of 2025. This item requests authority to enter into an agreement with GPD for design services related to the Lee Road sewer in the amount of $192,135. This item is requested as an emergency and with a suspension of the rules to proceed with this much needed project. 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 supported by the Finance Committee. They only received one response to the request for proposals due to the County taking over the design and construction of the relief sewer. That process delayed the actual decision and backed up the construction schedule in such a way that we have to proceed, knowing that this is a sound procedure based on experience in the past. Council member Mr. Malone asked if this project will start in January or July 2026. He also asked where the supplemental sewer will be located. Director Lowery-Ferrell stated that the design will start in January with construction in July 2026. The location has not been decided, but it is typically next to the existing sewer in the road. Council member Mrs. Moore stated that some members of Council have noticed an ongoing dialogue online about the surprise reaction of residents to the concept of narrowing Lee Road. She would like to emphasize that this has been such a long and complete process from public engagement to strategic planning, to the letting of contracts that are based on studies for relief sewers and capacity. It has been a comprehensive, well thought out process. Anyone that is surprised by the schedule is just tuning in, but not in a timely way. Mayor Weiss added that we have also received over $14 million for this project which is remarkable. This will be terrific, notwithstanding the inconvenience for some of the businesses and residents there. It was moved by Mr. Claytor, and seconded by Ms. Carmella Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-68 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Motion Carried Moved by Mr. Claytor, and seconded by Ms. Carmella Williams, that Ordinance No. 25-68 be enacted as read. Council Meeting May 27, 2025 Page 111  Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Ordinance Enacted * * * * Ordinance No. 25-69, by Mr. Claytor, adopting new Section 141.27 of the Administrative Code of the Shaker Heights Codified Ordinances to establish compensation for citizen members of the Civil Service Commission and Board of Zoning Appeals/City Planning Commission of $100 per month. Chief Administrative Officer Jeri E. Chaikin stated that in many cities that have both a Civil Service Commission (CSC) and Board of Zoning Appeals (BZA)/City Planning Commission (CPC), there is a stipend for the citizen members. Most cities do not have residents on their Council committees the way we do so there is really no comparison about paying them. Almost 10 years’ ago there was a member of the CPC and a second member of the CSC each retired in the state retirement system. Each of them would lose certain benefits if they were paid as a commission member. It was ruled at the time that they could not waive the stipend. Council was asked to eliminate the $100/month stipend for those residents on those 2 commissions. Recently each of those members have retired from the CSC and CPC. Going back to the fact that we used to compensate those individuals and the value and significant amount of time those commission members spend for the City, we would like to recommend Council reinstate that $100/month stipend. This item is requested with a suspension of the rules to be effective as of July 1. She added condolences for former member of the CPC Jack Boyle who recently passed away. Council member Mrs. Kaus stated that this item was reviewed and approved by the Administration Committee. Council member Mrs. Moore stated that this item was reviewed and approved by the Finance Committee. One member pointed out that this conflict could reoccur with the Ohio Public Employment Retirement System. It was moved by Mr. Claytor, and seconded by Ms. Carmella Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 25-69 be placed upon its final enactment. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Motion Carried Council Meeting May 27, 2025 Page 112 Moved by Mr. Claytor, and seconded by Ms. Carmella Williams, that Ordinance No. 25-69 be enacted as read. Roll Call: Ayes: Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor, Mrs. Kaus, Mr. Malone Nays: None Ordinance Enacted * * * * Motion for Liquor Permit Five Iron Golf 20090 Van Aken Blvd. Law Director William Ondrey Gruber stated that no action is required by Council unless there is an objection. The departments who review these liquor permits have no objection to the permit. No objections were voiced by Council. * * * * The Mayor asked the Clerk of Council to read into the record public comments received by email or phone on other items. Clerk of Council Ms. Chaikin stated that no comments were received on other items by email or phone. The Mayor invited members of the audience and those participating via Zoom the opportunity to “raise their hand” to provide public comment. No comments were offered. * * * * There being no further business before Council, the Mayor adjourned the meeting at 8:41 p.m. _________________________________________ DAVID E. WEISS, Mayor _________________________________________ JERI E. CHAIKIN, Clerk of Council Council Meeting May 27, 2025 Page 113