City Council

Council Minutes October 14, 2025 City Hall Council Chambers The Council of the City of Shaker Heights met in a special meeting 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 Mr. Claytor Council Members Absent: None * * * * Video of this meeting may be found here through October 14, 2028. * * * * 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. 25-79, by Mrs. Moore, amending Section 153.03 and enacting new Sections 155.07 and 155.08 of the Administrative Code; amending Sections 747.01, 747.02, 747.03, 747.04 and 747.07 of the General Offenses Code; amending Section 1111.02 of the Traffic Code; amending Sections 1319.03 and 1319.08 of the Building Code; and amending Sections 1412.01, 1412.02 and 1412.03 of the Housing Code of the Shaker Heights Codified Ordinances to update requirements for landscaping on private property and the use of the tree lawns in the right-of-way of the City. Law Director William Ondrey Gruber stated that two ordinances were provided for this item, one as introduced on July 28, 2025, and after going through Council committees again, a second one incorporating comments from the committees, as well as from the Building and Housing and Public Works Departments. If Council agrees to the amendments they would be added to the ordinance for third reading with all of the changes included to Ordinance No. 25-79. Additional revisions of the proposed ordinance were meant to respond to comments made by council members, the public and from internal departments. Some examples include references to flower heights in the tree lawn that may be no higher than 24 inches, which now include flower stems and stalks up to 36 inches. A paragraph entitled “Purpose” has been added which talks about the landscaping regulations in general and mentions the Building and Housing Codes. Landscaping on private property and on the adjacent tree lawn may include turf grass, clover, ornamental plantings, meadows, prairie plantings, wildflower gardens, and other natural landscaping that is deliberately planted and well planned and maintained and does not create a public nuisance as long as it is in conformance with the codified ordinances. The term “overgrown” has been taken out of the codified ordinances in Section 747.03, as well as in the Building and Housing Codes. Some things were added for clarification. Landscaping on private property may also include naturally wooded areas. All landscaping on private property and adjacent tree lawns, including areas of turf grass and areas of ornamental or naturalized planting, shall be designed, planted and or maintained in a manner consistent with good landscaping practices and kept in a healthy, well managed condition that does not include vegetation or hardscapes such as stone edges which block or impede walkways, entrances or driveways; vegetation which shows evidence of neglect, is full of weeds, or has plants too large for the existing space that interferes with walkways, driveways and structures and/or foundations; vegetation in poor condition, has significant dead material or contains noxious weeds; vegetation that creates safety concerns due to the limiting of visibility for vehicles or pedestrians; vegetation that is potentially hazardous due to excessive dead plants or leaves not consistent with the type of plant material; poorly managed grass, ornamental plantings or other vegetation allowed to grow in a manner that causes a public nuisance as defined in Chapter 107 of the codified ordinances; or vegetation which is in a condition that violates another section of the codified ordinances. We define noxious weeds as invasive, non-native plants that pose a threat to agriculture, ecosystems and wildlife as defined by the Ohio Department of Agriculture (ODA) and listed on the ODA’s prohibited noxious weed list. Landscaping in the tree lawn was previously proposed as limited to 24 inches in height, but with stalks or stems now it is permitted to grow to 36 inches in height. Bare soil is not permitted. This area may not include but is in addition to the area around a fire hydrant, tree or utility pole. The area required to be available for grass bags, leaves and brush must be 5 feet wide along the curb extending in depth to the sidewalk or property boundary edge. We do not want that area covered with leaves or brush piled around it because it could damage the tree or utility pole when it is picked up. The Building and Housing Code added language saying that trees and other plant material may not be allowed to grow so that a trunk, large branch or multiple branches lean against, or have significant contact with or otherwise interferes with the structure. Ruts on a property or tree lawn caused by vehicles or equipment shall be eliminated by filling in or grading and replanting or mulching to prevent erosion. Tree stumps shall be removed or cut flush with the ground within 180 days of a tree removal. The following exceptions are permitted provided the stump does not exceed 24 inches in height above ground level and does not pose a hazard to the public or adjacent properties: stumps located in naturally wooded areas; or areas screened year round from view from the public right-of-way by existing foliage, fencing or topography; stumps that are part of a shared root system with a living tree where removal may compromise the health of the remaining tree; or stumps intentionally retained for ecological landscaping or natural decomposition purposes, provided they are not visible from the public right-of-way. This was added because we find that when some property owners cut down a number of trees in their front yard they leave a fairly significant stump that can be seen from the street and sidewalk. We are requesting that these changes be accepted on second reading to be added to the proposed ordinance with Council considering this for third reading and adoption on October 27, 2025 at their regular meeting. The Communications and Marketing Department is working on a messaging plan, including on the website for the legislation’s enactment and implementation in the next year. Public Works and Building and Housing are discussing potentially using a warning letter or notice for yards where a tree lawn or something else was acceptable and not cited in the past, but will now be cited. A warning will be given before it is cited to give people a chance to appeal or to come into compliance. This item was reviewed and approved by the Safety and Public Works Committee with their comments included. This item was reviewed and approved by the Tree Advisory Board with their comments included. This item was reviewed and approved by the Sustainability Committee with their comments included. Special Council Meeting October 14, 2025 Page 174 Council member Ms. Bixenstine thanked and commended Director Gruber, the Law Department and everyone who worked on the revisions to the landscape ordinance and for their responsiveness to all the comments offered. They have achieved the balance that she and others on the Sustainability Committee were looking for with preserving the Shaker aesthetic and promoting sustainable landscape ordinances by treating more traditional landscapes and those more native landscapes equitably. She appreciates the statement of purpose that was added to preserve the historic and aesthetic character of the City while promoting sustainable gardening and landscaping practices to avoid nuisance conditions and to prevent hazards to the health, safety and welfare of the public; prevent blight in residential and other areas, and prevent conditions which impair or adversely affect the value of properties and neighborhoods. She also expressed appreciation to the Public Works Director and Department as well as the Building and Housing Director and Department for their input and anticipatorily thank them for the work they will have to do to educate members of the community and implement these new regulations fairly. She also thanked members of the public who gave thoughtful comments for these extensive changes to our landscape ordinances. She asked about Section 747.04 and landscaping nuisances and if it applies to weeds in beds. Director Gruber explained that the term weeds has been in various sections of the ordinances for decades. The Public Works Department is used to enforcing regulations regarding weeds. They will not consider deliberately planted and well managed and maintained natural landscaping as weeds and that is not the way it is intended to be enforced. It is hard when someone’s yard is overrun with long grass and weeds to determine which it is. This gives staff the ability to cite a property that is truly a nuisance. Ms. Bixenstine asked about Section 1412.03 and maintenance standards which states that clear edges shall be established between different landscape areas, e.g., between a garden and a lawn using physical borders or distinct transitions to prevent spreading of plants. Director Gruber stated that there are often turf beds growing very long and all the way through the beds and the purpose is to address those situations. Council member Mrs. Moore echoed the comments of Ms. Bixenstine. It is rare that a process that included so many committee and Council discussions would end up having a result that was really heard. She complimented the Administration, the Law Department, and everyone who contributed to the result. It is superlative. She wants to make sure that in the ordinance we have given the Public Works Department a clear standard for enforcement. Terms like well-planned and maintained, and good landscaping practices, may be clear to some, but she asked if those terms would give Public Works the ability to enforce them, and the Law Department on appeal the latitude to identify what it is and what it is not. Director Gruber stated that those are additional terms that will help enforcement and gives someone the ability who is cited to go to the Department Director and if necessary the Board of Appeals to say it was well planned and managed, and how they have done so. If they can explain that they will probably win. Council member Mrs. Moore asked about the section on tree lawns. We all understand the need for safety precautions and parameters that ensure there is visibility. She asked about the need for approval for plantings on a tree lawn. Director Gruber stated that Section 155.07 talks about someone putting something on a tree lawn that is generally not permitted by ordinance, for that they would need approval. The City could grant a license Special Council Meeting October 14, 2025 Page 175 in that case so if we cite someone for putting something in a tree lawn we can point to the fact that another property with that item has a license. Council member Mrs. Moore asked about the clear edges to be established between different landscape areas. She wondered if this pertains to Bamboo and Ivy which encroaches on borders. Director Gruber stated that could include those if they are intrusive, especially if they go onto someone else’s property. Council member Mrs. Moore thanked him again for doing an amazing job on these changes. Council member Mr. Claytor thanked the Administration for how this process has been very collaborative and inclusive of input from the community. He asked how and if the City will communicate with folks who have given public comment. He suggested sending residents who participated a postcard showing them when these issues have been discussed and the current status. It could be a postcard with a series of links to watch those meetings so they are aware that input was given and where we are currently. Recognizing how many residents were here and passionate about this, it may be impactful to have something between the second and third reading to give residents more awareness in the off chance they have more feedback or want to give us their thanks for incorporating their feedback. He would not like to see twice as many residents on third reading with Council not feeling comfortable moving forward. Director Gruber stated that many of those who commented were members of the committees so if we send out an invitation to the third reading to members of those committees we could include a link to the legislation and changes, along with the web page being prepared by the Communications and Marketing Department. We can potentially review the Council minutes to find others who may have commented. Council member Mr. Claytor stated that he was thinking about a QR Code that links to the different meetings where this has been discussed for the residents. Director Gruber stated that he will ask for the links to be added to the web page being created by Communications and Marketing so that residents know it was not a single process but involved many meetings. Mayor Weiss stated the only caveat is that we would not want people to get confused on the different versions. Council member Mrs. Kaus stated that in the spirit of transparency she would encourage having three readings in case someone wants to add one more thing. She does not have any substantive changes and is also appreciative of the work done, but does not want residents to think they have another opportunity, and have Council enact the legislation now. Council member Ms. Carmella Williams suggested in addition to what is communicated about the policy by Communications and Marketing to have short videos of examples because some of the language is subjective. It might be a good idea to have examples of what is acceptable to give people an idea of what is appropriate. There were pictures in some of the discussions that were had. Special Council Meeting October 14, 2025 Page 176 Council member Mr. Malone stated that along those lines of helping people do this to encourage them to take on the ambitious project of making their lawn a managed natural lawn, is providing resources, references and how-to guides. He is amazed at how ambitious this is. It is hard to eliminate all subjectivity when you are using terms like deliberately planted or excessive dead plant material. He asked about a reference to an excessive amount of leaves likely to kill turf grass. Some believe we should keep the leaves. Director Gruber stated that earlier versions of the legislation referenced an excessive amount of leaves, but it is now more explicit that we are talking about people who are not taking care of their yards. All they have is turf grass and they are not intentionally layering their yard with leaves to create better soil or a foundation for natural plantings. They are simply not picking up their leaves. Council member Mr. Malone suggested more education to the public because they may hear from the Sustainability Committee they can keep their leaves and think they can let them pile up. He asked about the citation and if there would be a fine. Director Gruber stated that it can be done two ways. Public Works does most of their landscape enforcement with lawns. They will mow a lawn and their program is very efficient in a regimented way. It covers hundreds of lawns every year. They measure, send a notice and take pictures. They also send notices to owners of vacant lots. Anyone cited the previous year or who owns a vacant lot will get a letter in the spring warning them about the standards. Citations will be sent to residents when their lawn exceeds 6 inches in height and they have a week or so to remedy it or the City may cut it and charge the owner. Building and Housing works with Public Works on other properties where there are maintenance problems with landscaping, like bushes, trees or branches down. We charge for any City abatement and add it to the taxes if not paid. For this new ordinance he anticipates warning letters for people who have things in the tree lawn that will no longer be allowed, an explanation of how to come into compliance, and if they do not comply the City will ultimately issue a citation. The City may or may not fix it, but after many warnings we may hold a pre-prosecution hearing. Council member Mr. Malone asked about overhanging branches within 9 feet of the sidewalk that are supposed to be trimmed. That may be an area where we can do some education for homeowners to protect anyone who bikes, rides or runs along the sidewalk. Mayor Weiss stated that for a while he was a big proponent of giving notices. He is not worried about the people who have given their input. However, he expects that from the people who have not already commented and don’t realize what this means, particularly those who have extensive gardens in their tree lawns although well-managed, we are likely to hear a lot of feedback. We need to be gentle in how we do this as it will come as a surprise to a lot of people. Even those who don’t have anything in their tree lawn but enjoy what their neighbors have, will realize when their neighbors have been cited. He is hoping the staff will find the right balance between compliance and grace. Council member Ms. Anne Williams stated that she agrees that this is an amazing final product from all the input we received and greatly appreciates it. She looks forward to supporting this item at the next reading. It was moved by Mrs. Moore to accept the proposed ordinance changes as amended. Mayor Weiss stated this item would remain on second reading. Special Council Meeting October 14, 2025 Page 177  * * * * Resolution No. 25-110, by Mrs. Moore, declaring the intent to appropriate a property interest at 18720 Lomond Boulevard (Parcel No. 736-19-018) for the Lynnfield/Lomond SSO-11 Control Project, and declaring an emergency. Law Director William Ondrey Gruber stated that he is distributing an updated resolution which includes the appraised value for the easement in the amount of $1,350. The easement goes across a portion of this property and 25 feet below the surface of the ground. The City has been pursuing this project for quite a while to put in new sewers along Lomond Boulevard as part of the Lynnfield/Lomond SSO-11Control Project. It is very important to the entire City and in particular to this neighborhood to control polluted waters and prevent sewer backups and flooding. It was done by going along the edge of about 10 individual properties along Lomond rather than under the tree lawn to preserve those trees. The project goes barely into these properties and all 10 property owners approved. Unfortunately, when we went to record them one of the properties had changed hands and the new owner was not willing to approve the easement. None of the owners asked for compensation and realized the benefit to themselves and the neighborhood of this project. The owner of 18720 Lomond opposed granting the City an easement and brought a lawsuit to stop the project until we got the appropriate easement. We now need to file an appropriation action in probate court if we are going to have to pursue this to the end to take this property interest. Nothing on the surface will be taken permanently, it is only underneath the property for an easement that we are appropriating property. It is up to a court as to whether they agree. This is a first step in that process. The next step after giving notice to the homeowner, he will have 30 days, after which we could file in probate court. We are still hopeful that we will be able to resolve this without having to go to probate court, but we need to take these steps so that we don’t take any risk of delaying this project. There is a map attached to the resolution showing a small triangle of the easement crossing the property of about 12 feet at its maximum and 6 feet at its minimum, with drilling 25 feet below the surface. The sewer project does not require digging up the property on the surface. This item is requested as an emergency with a suspension of the rules. Council member Mrs. Kaus stated that she recognizes the importance of this project to the City as a whole and especially the residents in that neighborhood, and asked if this is common for the City not to be able to obtain easements. Director Gruber stated that in his 23 years he has never had to seek easements crossing beneath a property except for a couple utility easements. They are usually existing utility lines being serviced or replaced. We have had some surface easements that we have not been successful in getting everyone to agree. We were creating a parking lot and closing driveways on Lee Road, and one owner in the middle did not like it, so we created two parking lots with two entrances. In this case we cannot omit this property. Council member Mr. Claytor asked about legal precedent. He understands the necessity of this project and how great of an affect it has on residents, including how much work and effort has been done by City staff in obtaining grant dollars and planning. He asked specifically about the precedent of interacting with a resident’s property where they are in conflict. Director Gruber stated that it is very common in other places. Our outside legal counsel has worked specifically on this issue in many other cities. It happens very often that easements are required for utility lines and occasionally where someone objects they were able to go around their property. It is not possible in this instance. We would have to redesign the whole remainder of the project in order to avoid this Special Council Meeting October 14, 2025 Page 178 property. It is not uncommon that people object. There is a lot of legal precedent to grant easements when it is for the public good, especially when it is not a permanent taking of the property. It is not for economic development, but a sewer that is essential for the public. It is a requirement that we have these sewers. Federal law requires that we build this type of sewer to provide for the collection of storm water so that sewage does not spill off into our lakes and rivers. Council member Mrs. Moore added that for as long as she has been active on City Council and before that living in this neighborhood she has heard complaints from residents on Townley, down to Palmerston, about sewers that backup into basements, and the need for alleviation of the problem. This was the largest SSO in the City at the time this project was initiated and she thought how courageous we were to tackle the hardest SSO. As the funding amassed for the completion of this she told residents that this would happen. To get to this point and have this project delayed while this lawsuit goes through the legal process required is frustrating to so many residents. When you consider the greater good she has no question that this resolution should be passed tonight. Council member Ms. Bixenstine stated that she supports this resolution and asked if any of the grants for this project are at risk due to time limits. Director Gruber stated that he does not believe any of the grants are threatened at this time. Public Works Director Ramona Lowery-Ferrell stated that grants always have a time limit, but it is not at the point yet where it is of concern. We are very hopeful that the avenue we are taking will be beneficial. There are a lot of residents impacted who will be negatively impacted if the project is unable to continue. It was moved by Mrs. Moore, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Resolution No. 25-110 be placed upon its final enactment. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore Ms. Anne Williams, Ms. Carmella Williams Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Ms. Bixenstine, that Resolution No. 25-110 be adopted as read. Roll Call: Ayes: Mrs. Kaus, Mr. Malone, Mrs. Moore Ms. Anne Williams, Ms. Carmella Williams Ms. Bixenstine, Mr. Claytor Nays: None Resolution Adopted * * * * Special Council Meeting October 14, 2025 Page 179 There being no further business before Council, the Mayor adjourned the meeting at 8:02 p.m. _________________________________________ DAVID E. WEISS, Mayor _________________________________________ MATTHEW CARROLL, Clerk of Council Special Council Meeting October 14, 2025 Page 180