CITY OF CLEVELAND HEIGHTS, OHIO MINUTES OF THE COUNCIL MEETING OF MONDAY, MAY 21, 2012 Council

at 6:13 p.m.

Committee of the Whole of the City of Cleveland Heights, Ohio, met on the above date

Dennis Wilcox, presiding Council Members present: Caplan, Dunbar, Evans, Stein, Stephens, Wilcox Council Members absent: Kelley Staff present:

Carter, Gibbon, Mannarino, Niermann O’Neil, Raguz, Thompson, Wagner, Wong

Topic of discussion included general information pertaining to the City Manager’s weekly memo. Committee of the Whole adjourned at 7:25 p.m. The Council of the City of Cleveland Heights, Ohio, met on the above date at 7:39 p.m. Dennis Wilcox, presiding Council Members present: Caplan, Dunbar, Evans, Stein, Stephens, Wilcox Council Members absent: Kelley Staff present:

Carter, Gibbon, Mannarino, Niermann O’Neil, Raguz, Thompson, Wagner, Wong

The minutes of the Regular Council Meeting held Monday, May 7, 2012 were approved by Vice Mayor Wilcox and Mayor Kelley will sign the minutes of that meeting along with the ordinance and resolutions passed at that meeting. Deanna Bremer Fisher stated, “I am the Executive Director of FutureHeights but tonight I guess I speak as a private citizen. I live at 2514 Fairmount Boulevard and I’m here to talk to you about Historic Preservation Month because May is Historic Preservation Month. It celebrates the historic cultural and aesthetic value of our buildings, homes and neighborhoods and every year the City of Cleveland Heights has supported the efforts of the Cleveland Heights Historical Society, the Landmark Commission, FutureHeights and other partners to host a variety of Historic Preservation Month activities. We have done lectures, we have done workshops, we’ve done neighborhood tours and this year is no exception. We have a whole schedule of activities including lectures on historic homes, we had a bike tour a couple of weeks ago, last weekend we had the launch of the Cleveland Historical App

with the Coventry Village neighborhood tour. We have done a lot to celebrate our historic resources in the Heights but there is more to do. I want to thank you for supporting these activities, the City has been very supportive, our Mayor and individual council people have been very supportive of these activities but as I said there is more that needs to be done. Our historic buildings are vulnerable, we don’t have sufficient local legislation to protect them. In the last several years the need for more protection has become more urgent as property values have become depressed and our proximity to University Circle has made the land on which our properties are cited more valuable. Although, we have a strong review process for changes and modifications to properties, for example, the Architectural Review Board may have to approve a new fence that I want to construct on my property. We have no review process for the ultimate change to a property, demolition. If I want to demolish my home even though it’s a National Register Historic District all I have to do is pull a permit and pay the fee. There is no review process even for architecturally significant properties that are located in National Register Districts but there is a solution, one that has already been pursued by 56 communities in Ohio including Avon Lake, Akron, Cleveland, Euclid, Lakewood, Parma, North Olmsted, Shaker Heights and Willoughby, to name just a few and it is the Ohio Certified Local Government Program. It is a Federal, State, Local Partnership that enables eligible communities to conduct a wide range of historic preservation activities including identifying historic properties, nominating them to the National Register, conducting community education and preservation and rehabilitation of historic properties. There are several benefits and I’ll name just a few, one of which is that the CLG Program (The Certified Local Government Program) enables communities to apply for matching grant funds to conduct these activities. It’s a 60/40 match, meaning that it is a 60% grant and a 40% match and CDBG funds can be used to be part of that match. It’s a source of Community Development funding that we are not able to tap into right now because we are not participating in the CLG Program. This is not a violation of property rights, historic preservation legislation has been upheld by the Supreme Court. Historic designation is basically a layer of zoning that recognizes and distinguishes properties and neighborhoods as being historically or architecturally significant. Historic designation can contribute to going green by retaining and repairing existing architectural elements rather than replacing them and preservation is typically more cost effective and environmentally friendly than new construction. I know that we are considering new green zoning so I think that this would probably fit well into that process. Historic designation is not about stopping change or preventing creative and exciting new commercial or residential development, rather it is about guiding retention of the best of our shared heritage while revitalizing neighborhoods and spurring economic redevelopment. The resulting continuity of character will add appeal and a recognized historic identity to the area increasing the vitality of the City of Cleveland Heights. We have many of the elements in place already, we have a Landmark Commission, we have a strong zoning code and we have an Architectural Board of Review. In 2008 the City of Lakewood passed legislation that strengthened its Zoning Code and landmarks ordinance to enable it to become a certified local government community and it did that without adding new bureaucracy and using its existing staff and existing review boards. Now during Historic Preservation Month 2012 I urge the City of Cleveland Heights to examine this legislation and consider enacting a similar ordinance that would strengthen our neighborhoods and provide some level of review for proposed demolitions.” Dean Sieck stated, “I live at 2547 Bolton Road. I have appeared before City officials once before in what turned out to be a work session for the sustainability initiative. I also went to the meeting in March over at the Community Center but that turned out to be something specifically regarding zoning and my concerns about sustainability are in other areas. I have lived in Cleveland Heights for very nearly 37 years, currently residing on Bolton Road. I liked living here so much that when advanced age necessitated a different house I rehabbed a vacant house and moved a mile from where I had lived for nearly 35 years. I want to commend City Council for the sustainability code amendments under discussion. Your efforts are comprehensive and most appreciated by me and all the people that I have discussed them with. The goals of this initiative as presented some weeks ago at the Planning

Commission meeting included addressing matters surrounding both air quality and reducing landfill usage through recycling. It is to these two matters that I wish to speak tonight. In both instances I want to address what I consider to be rather glaring omissions from the code amendments as presented. The first concerns air quality. Now is the time for Cleveland Heights to introduce a no idle provision into its ordinances. No idle ordinances require turning off vehicles that are not in motion to eliminate or reduce their exhaust. The cities of Cleveland, South Euclid, Lakewood, Maple Heights and also North Olmsted have no idle ordinances. I first spoke to Kathleen Ruane of the City Manager’s office about this matter five or more years ago. I understand she is no longer employed by the City so that might give you an idea of how long I’ve had this concern. Before and since that time I have spoken to numerous employees of the City and asked them to turn off their idling engines. Only the sewer cleaners from the Water Department have complied, otherwise my requests as a resident, tax paying homeowner have been met with rude profane and even obscene replies. There are three reasons to turn off idling engines. First of all they are great sources of pollution, spewing out carbon dioxide the source of global warming into the atmosphere at a rate of 19 pounds per hour. Next, idling is expensive. First, because it is a considerable waste of fuel, one hour of idling an engine can burn up a gallon of gasoline. Please note that I first made this request of the City when gasoline was perhaps $2.50 a gallon not the current nearly $4.00 and when City coffers were somewhat more flush than they currently are. Finally, it turns out idling is destructive for internal combustion engines, a further expense. I have a packet of information for each of you that will detail some of that. The shape of the ordinance can vary, some cities prohibit idling in all vehicles, some refer to City-owned vehicles only. At the very least I believe that City vehicles should never be left running in warm weather unless the power is required for computer use, for example. The reason they idle is simply habit and lack of incentive. Some cities permit winter idling for a limited period of time. The point is that now is the time to do it and if Council is serious about sustainability I can see no reason why this measure would not be a part of this initiative. My first issue, that one, is simple, simply explained, justified and accomplished. The issue I wish now to address is more complex to explain and to initiate and no doubt more controversial. I believe now is the time to seriously consider initiating a pay as you throw program in Cleveland Heights. In a pay as you throw program the residents pay for the trash that they send to the landfill but all of the material they recycle is free. Like many others in this room no doubt I have been recycling for over 40 years. In the late 60’s I unwrapped merchandise in stores and left the excess material on the counter. Now about every three or four weeks I dispose of a large bag of trash for the landfill, everything else is recycled, some at the curb, some such as plastic bags and Styrofoam at stores that provide that service but I’m sad to say that I am among few in my neighborhood that make any effort to recycle. Some just send all of it to the landfill, others clearly have material to recycle but they do not separate it at the curb. Why don’t they? Habit of course is part of the explanation but much of it is simply that they have no incentive. That is what a pay as you throw program provides, incentive. When people begin to realize that they can save money by recycling they will do it or at least they are much more likely to. Until then those who regularly recycle subsidize those who refuse to take it seriously and the City’s present policies encourage such refusal. If this seems a radical step to take I would like to point out that 243 communities in Ohio participate in such programs according to the EPA’s website. I could not find that one but I know that I provided it for Councilman Wilcox when I spoke earlier. In the states of Minnesota, Oregon and Washington 100% of communities have pay as you throw. Naysayers will point to complications such as multiple housing units, residents stashing their trash on others tree lawns or logistical matters but this can be done. It has been done in many places even in Ohio. There is a wealth of material available on the internet about pay as you throw and I gladly offer my services to participate in study and planning such a program. We in Cleveland Heights would like to think of ourselves as among the most progressive of cities but we take our place in this regard behind 243 other Ohio communities. In the event that we are not as progressive as we purport to be, at the very least there needs to be a serious effort to target what I would call landfill neighborhoods,

streets or households, those that consistently refuse to recycle and the City should engage in education, encouragement and reminders of the importance and details of the City’s recycling program. In too many cases notices in the forum, website and other communication efforts simply are not cutting it. Again, thank you for this code, amendment initiative that you have been considering and for the spirit that produced it and thank you for allowing me to speak and for considering my suggestions.” Garry Kanter stated, “I live at 3624 Cummings Road in Cleveland Heights. I am here for my third I’ve what I hope will be 455 consecutive presentations to this Council. I am here once again to speak about Oakwood and how something wrong happened in South Euclid and I’m going to attempt to highlight what some of those things were and how we can be sure they don’t happen here in Cleveland Heights. The first thing I want to show you is, this is a yard sign very popular from the developer, it was in print ads, mail ads, yard signs it says, creates 700 jobs, costs us nothing and we are going to see that these two statements are relatively not true. These are quite the grand promises 700 jobs and anybody that challenged those words ended up getting hurt. Let’s talk about facts for a few minutes. Most of my speech they will be about the word facts and how they are defined differently by different people. Please turn to the charts, I hope you’ll know this is the Cleveland Heights City Organization chart, please notice that citizens are at the top, not developers. The next page shows must of the participants in the re-zoning in South Euclid, I think it would be a relatively similar list here in Cleveland Heights. The developers at the top, it’s the same one, it’s pretty much a similar cast of elected officials, it’s not just City Council, there are also county officials that could’ve been involved, state representatives, state senators, even Cleveland Heights-University Heights Councils, school districts. A lot of people were affected by that and my understanding is they pretty much chose to not engage and those that did engage I believe actually endorsed the project. The media, we have the same groups again. Then the groups you have considered to be concerned, what I call the coalitions, the civility groups, the growth groups, the regionalism groups, the green groups and they were somewhat invisible. All except for one ad hoc group of concerned citizens and pretty much just for speaking up they had their legs cut out from under them from different sources and we’ll get into that. Please turn to the Sun Press article from the week after election. David Miller is returned to office speaking about his election victory and his critics, South Euclid Council President David Miller said, “We have an educated group of residents who are not influenced by innuendo, nay-sayers and half empties. They see what myself and the mayor are doing and they believe it. Their agenda was not acceptable to the majority of voters. They have to learn that if they don’t get in line, they’re going to get run over.” Speaking about the Oakwood Commons critics, many of whom live in Cleveland Heights, Miller said, “Thank you and goodbye. Crawl back under the rock you came from.” Nobody spoke up on behalf of the Cleveland Heights people. Silence. The next item is an editorial from the Sun Papers from May of 2011, it’s titled Stick to the facts on Oakwood development project. “Of course, there are many residents who do not want any development on the former golf course property at all and are going to ridiculous lengths to try to fuel the fire against this project.” Here is the only actual attribution and it’s not even a quote, they are insisting that Walmart will move from Severance Town Center to Oakwood. This is an editorial called Stick to the facts and that’s exactly what happened. They were told they were crazy, they were even accusing this newspaper of bias coverage in favor of First Interstate and South Euclid, that is completely untrue as both sides of the debate would stop there. Citizens versus First Interstate and South Euclid. How could citizens be against their elected representatives? I don’t understand this. This is completely untrue and here it explains why, as both sides of the debate have been fairly represented in all stories published on the matter. Well, obviously we are confused because it’s untrue, you just explained it. The editorial concludes: “Those critical of the project need to focus on the facts, not circulate rumors, half truths and misinformation.” I have seen convicted felons receive more benefit of the doubt in print than that nice group of concerned citizens received. I don’t understand, that bothers me to no end. Then of course that enabled a developer to distribute this mailing which you have a copy of and he quotes Stick to the fact on Oakwood: “Those who opposed Oakwood do not want the facts to be presented

on this development, because those facts continue to shoot holes in their claims.” That’s quoted from that editorial. What did they say? They said probably not 700 jobs it’s just going to be Walmart, costs us nothing. Well, nothing costs us nothing. What about quality of life? What about the animals? What about traffic? What about our property values of the 65 Cleveland Heights homeowners who live close enough to the property that they were legally required to receive notice of the public hearing. They claim and then he lists three facts: Yes 96! Will create over 700 new jobs. That is a fact based upon an independent study, blah, blah, blah. Well, if it’s an independent study it’s not a fact, it’s a projection or a forecast or a prediction. So, I don’t understand what these words facts mean to this guy and I have a hunch he’s going to use them again so I want to make sure everybody knows maybe a fact isn’t what he thinks it is as to what I think it is. Here is another one: Will bring new businesses. Walmart doesn’t bring new businesses, Walmart closes businesses. This is documented in countless communities throughout the Country and lastly they claim it won’t fund South Euclid schools and then this is how they support it: Oakwood Commons will provide substantial funding for South Euclid children in the CH/UH district. Well, that answers a different question. The claim was it won’t fund South Euclid schools, well that’s a true statement. Then he answers something else that is immaterial. Which all brings us to an exciting new form of science called South Euclidian Geometry. Not Euclidian but South Euclidian. It seems to be untethered to reality and you are to solve for “X”. “X” being as per the announcements that Walmart is actually going to Oakwood. Walmart stores confirmed that the Supercenter will replace its existing store at Severance Town Center in Cleveland Heights less than a mile away. The new store could create about 85 new jobs. Wait a minute, I think I saw 700 as a fact. Fact: Will create 700 new jobs, will create 85 new jobs. Further, Schneider said the $80 million he will invest the adjacent 90 acres in Cleveland Heights to convert into upscale senior housing, retail and other uses will more than make up for the Walmart jobs transferred to South Euclid because there is nothing upscale seniors are drawn to anymore than a brand new Walmart. Upscale seniors love that. Also notice there is the implied, if you don’t give me my zoning you won’t be able to make up those jobs I poached from you in the first place. This is quite a strategy this fellow has. Finally, we get to the mathematics of it, the developers’ yard sign says create 700 jobs, the article says 85 new jobs from Walmart, somehow “X” has to be the amount of jobs lost by competitors that Walmart always puts out of business. So somehow 85 minus something is going to equal 700 and of course there is no known solution for “X”. You can’t get that from here. Thank you very much.” REPORT OF THE CITY MANAGER Ms. Niermann O=Neil stated, “I have two things to report this evening Your Honor. One thing is the Bid Tabulation and Award of Contract for Bid Document No. 2012-07. This is the bid for the 2012 Road Resurfacing Program. The low bid goes to Chagrin Valley Paving with a base bid of $757,312.50. We also had an alternative bid to add and they bid on the Severance Circle spot repairs, $91,306.00. That also was the low bid. The total low bid for Chagrin Valley Paving is $848,618.50.” Vice Mayor Wilcox made the Bid Tabulation and Award of Contract for 2012-07 a matter of record. Ms. Niermann O’Neil continued, “Thank you Your Honor. At this time I would like to take a moment to read the following into the record. Chapter 911 of the Codified Ordinances of the City of Cleveland Heights provides for the rates and regulations for the Water and Sewer Departments. The City of Cleveland Heights is a master meter city, meaning as you know that we have our own water department, buy our water in bulk from the City of Cleveland. Because we have our own water department we have been able to provide for customer service the service that our residents expect and deserve. Our Water Department staff have also been able to respond to repair and maintenance of our system in a very timely fashion. During the last few years due to the housing economic downturn our

water revenues have steadily decreased. At this point in order to keep our high quality of customer service we must raise our monthly water service fee. Let me take a second to explain the history of the water service fee. The water service fee was first introduced in December, 2005 at $4.00 and it has not been raised since that time. What I would like to introduce into the record tonight is the fact that the monthly service fee will be raised from that $4.00/month to $10.00/month. This $10.00/month water service fee will appear on water bills that are mailed to households in mid-July. The homestead exemption rate which was also set in 2005 is available for disabled residents and low income seniors over the age of 65. We have never charged a fee for the homestead exemption rate. We also will not charge a fee now with the raising of this water fee, the homestead exemption fee will remain at zero. The water service rate is determined administratively and does not require legislation which is why I’m reading into the record. I think it’s important to note that the City of Cleveland Heights has always prioritized incredible customer service for our residents, our public safety efforts, our public works, our housing, our commitment to community relations and communication. This is why the customer service and the promptness of our water department is so important. I want to take this time to thank Water Commissioner Dennis Zentarski and his office staff and his in the field staff. Most of our residents have interacted with them over the years. They know they are conscientious and deal on a regular basis with our aging water system and water related problems of individual households throughout the City. It is not easy to raise fees but this is the responsible thing to do at this time in order to provide the kind of service from our Water Department that our community deserves. Thank you Your Honor.” REPORT OF THE DIRECTOR OF FINANCE/CLERK OF COUNCIL Mr. Raguz stated, “I have no report today Your Honor.” REPORT OF THE PUBLIC SAFETY AND HEALTH COMMITTEE Councilman Stein stated, “I have Ordinance No. 62-2012(PSH) which is an Ordinance authorizing the City Manager to sell six (6) used police vehicles and to apply the proceeds as a tradein for the purchase of new police cruisers as authorized in Ordinance No. 42-2012(PSH) and declaring an emergency. Whereas, by Ordinance No. 42-2012(PSH) this Council authorized an agreement with Greve Chrysler Jeep Dodge for the purchase of nine (9) Dodge Charge police cruisers for the Police Department and whereas, the City subsequently learned of an opportunity to trade in six (6) used police vehicles to an entity affiliated with Greve Chrysler Jeep Dodge Police Cruisers, Ltd in return for a reduced price on the new vehicles. Whereas, it would be financially advantageous and in the best interest of the City and its residents to accept that offer. Now, therefore, be it ordained by the Council of the City of Cleveland Heights, Ohio, that the City Manager be, and is hereby authorized to enter into an agreement with Police Cruiser’s, Ltd and Greve Chrysler Jeep Dodge whereby the City will transfer title to six (6) used police vehicles to Police Cruisers, Ltd and in return the City will receive a Fifteen Thousand Dollar ($15,000.00) credit on the purchase of nine (9) new Dodge Charger police cruisers from Greve Chrysler Jeep Dodge as authorized in Ordinance No. 42-2012(PSH). Any contract shall be approved as to form by the Director of Law. I offer Ordinance No. 62-2012(PSH) for passage tonight.” Vice Mayor Wilcox accepted Ordinance No. 62-2012(PSH). Roll call:

Ayes: Dunbar, Evans, Stein, Stephens, Wilcox, Caplan



Nays: None

Ordinance passed

Councilman Stein continued, “I also have Resolution No. 63-2012(PSH), a Resolution declaring the property at 3354 Berkeley Avenue to be a nuisance; authorizing abatement of the nuisance; and

declaring an emergency. Whereas, the City Manager and the Certified Building Official have reported to this Council that the residential property known as 3354 Berkeley owned by Forestine Williams has not been maintained for a number of years and is in a state of disrepair. Whereas, the City Manager and the Certified Building Official have further reported that the owner of the subject property has been cited by the Housing Inspection Department for numerous housing code violations over the past two (2) years and that no progress has been made for correction of the violations. The City Manager and Certified Building Official have further reported that the property has deteriorated over the years to the point that is a hazard to the health, safety and welfare of potential occupants and the public and is a blighting and deteriorating factor in the neighborhood adversely affecting the value of neighboring property. It is hereby found and determined by the Council, pursuant to Chapter 553 of the Codified Ordinances of the City of Cleveland Heights that the premises known as 3354 Berkeley Avenue owned by Forestine Williams is in a state of disrepair to the extent that it constitutes a health and safety hazard and a blighting influence and is hereby declared to be a public nuisance. I offer Resolution No. 632012(PSH) for passage tonight.”

Vice Mayor Wilcox accepted Resolution No. 63-2012(PSH).

Roll call:

Ayes: Evans, Stein, Stephens, Wilcox, Caplan, Dunbar



Nays: None

Resolution passed

Councilman Stein concluded, “Those are the resolutions I have tonight but I did want to make those watching this program aware that Cleveland Heights has been awarded an additional $512,000.00 for the Lead Safe Program. These funds are made available for families with a child under the age of six and that qualify as a low to moderate income household. These families are awarded up to $9500.00 to replace windows, doors and other home improvements. There is a 10% match to the participant, so about $950.00. If you are interested in the Lead Safe Program please call Lori Sanford at 291-4869. That’s all I have tonight.” REPORT OF THE ADMINISTRATIVE SERVICES COMMITTEE Councilwoman Dunbar stated, “I have nothing to report for Administrative Services. However, since my picture was featured on the front page of The Plain Dealer last week because I was signed up to run the Cleveland Marathon yesterday I thought some of you might wonder how that turned out. Actually, the story in The Plain Dealer was the best part of the whole experience. I had to drop out of the marathon at about mile 17 because I became dehydrated despite drinking water or blue drink for electrolytes at every opportunity along the way. However, I am happy I’ve completed two of the four marathons I have entered. That’s a pretty good record for such a challenging activity that offers no guarantee that conditions will be favorable and you’ll be feeling great when the time comes. I have done all the right training for this marathon but 85 degree was too hot for me. My next race will be June 5, the 5k which is about three miles. I finished every 5k I’ve entered so I’m optimistic. I think it’s going to be a hot summer so take care of yourselves, keep hydrated and have a little salt if you’re allowed to use it.” REPORT OF THE COMMUNITY RELATIONS AND RECREATION COMMITTEE Councilwoman Evans stated, “There is no legislation to present this evening and I just wanted to mention that Cumberland Pool is being worked on and will be open certainly on time after the updates are made so many of you are probably looking forward to that. The Denison Park Project is moving well ahead of schedule. It’s going to be viewed as a really great update to that particular park and I’m

really looking forward to it and I hope you are too. Other than that I don’t see anything from that area to talk about. That completes my report this evening.” REPORT OF THE FINANCE COMMITTEE

Councilwoman Stephens stated, “Mr. Vice Mayor I have nothing to comment on this evening.”

REPORT OF THE MUNICIPAL SERVICES COMMITTEE Councilwoman Caplan stated, “I have three Resolutions this evening. The first is Resolution No. 64-2012(MS) and this is a Resolution authorizing the City Manager to enter into an agreement with Consulting Engineering, Inc. for a waterline survey providing compensation therefor; and declaring an emergency. Every year we have a truck that drives around and somebody listens with a special stethoscope and listens for water running in the middle of the night so that he can determine where there are leaks and then the City can fix those leaks so that we don’t have to pay for water that is not being used. So, in previous years this Council has authorized the City Manager to enter into an agreement with this company for the performance of waterline leakage surveys at the City’s water distribution system and as I said we’ve been doing it for years. As a result of repairs of leaks detected by these surveys, water losses due to leakage are substantially reduced resulting in a higher percentage of the water purchased from the City of Cleveland being billed to consumers. It would be in the City’s best interest to conduct this survey in 2012. Consulting Engineering, Inc. has presented to the City an estimate of the costs and a description of the professional services it proposes to perform relating to this project and they are well-qualified to perform all work contemplated. It has been determined that the rates set forth in the proposal are reasonable and competitive. The City Manager shall be authorized to enter into an agreement with Consulting Engineering, Inc. for the performance of this survey and the fees for the Engineer’s usual hourly rate, plus expenses shall not exceed the sum of Forty-four Thousand Dollars ($44,000.00). The agreement and all accompanying documents shall be approved as to form by the Director of Law. Notice of passage shall be given and this Resolution shall be declared to be an emergency for passage tonight. I offer Resolution No. 64-2012(MS) for passage.”

Vice Mayor Wilcox accepted Resolution No. 64-2012(MS).

Roll call:

Ayes: Stein, Stephens, Wilcox, Caplan, Dunbar, Evans



Nays: None

Resolution passed

Councilwoman Caplan continued, “I now have Resolution No. 65-2012(MS) and this is a Resolution authorizing the City Manager to enter into an agreement with GPD Group for engineering and bidding support services for the Mayfield Road Rehabilitation Project providing compensation therefor and declaring an emergency. The City is seeking its share of funding to proceed with the Mayfield Road Rehabilitation Project from Kenilworth Road to Warrensville Center Road. If you ever drive that street we all know that it certainly needs it. GPD Group has presented the City an estimate of costs and a description of the engineering and bidding support services to be performed for this project. They are well-qualified to perform all work contemplated and the City Manager has recommended the employment of GPD Group for its professional services on this project. The services are professional services for which bidding is not necessary and the proposed costs are both reasonable and competitive. The City Manager shall be authorized to enter into an agreement with this group for the services and I must add before I tell you how much they are that a good portion of Mayfield Road is a low and moderate income area and so much of it will be financed through the CDBG Block Grant Dollars. The total fees for services including reimbursable expenses shall be a lump sum fee of Two

Hundred and Fifty-four Thousand Eight Hundred Forty-Five Dollars ($254,845.00). The agreement and any related documents shall be approved as to form by the Director of Law. Notice of passage shall be given and this Resolution shall be declared an emergency. I offer Resolution No. 65-2012(MS) for passage tonight.”

Vice Mayor Wilcox accepted Resolution No. 65-2012(MS).

Roll call:

Ayes: Stephens, Wilcox, Caplan, Dunbar, Evans, Stein



Nays: None

Resolution passed

Councilwoman Caplan continued, “Now I have Resolution No. 66-2012(MS). This may seem very strange considering the time of year. This is a Resolution authorizing the City Manager to enter into an agreement with the Ohio Department of Transportation for participation in the Department’s contract for the purchase of sodium chloride, also known as salt; providing compensation therfor and declaring an emergency. Section 5513.01(B) of the Ohio Revised Code provides the opportunity for political subdivisions to participate in contracts with the Ohio Department of Transportation for the purchase of machinery, material, supplies and other articles. Section 171.10 of the Cleveland Heights Codified Ordinances authorizes the City to participate in the ODOT Cooperative Purchasing Program. It would be in the best interest of the City and its residents to enter into an agreement for the purchase of salt for the 2012-2013 winter season. Now, therefore, be it resolved that this Council authorizes the City Manager to enter into an agreement as an agent for the City with ODOT for participation in the Department’s contract for the purchase of sodium chloride for the 2012-2013 winter season. The agreement shall be for a one year period effective as of the date of award. It shall contain the following terms: The City shall purchase between 80% and 120% of the estimated salt tonnage of 4,500 tons; The City shall be bound by the terms and conditions of ODOT’s contract with the successful bidder vendor; The City shall be responsible for payment directly to the vendor for the quantities purchased; and the City shall hold the Director of Transportation and the Department of Transportation harmless for any claim or dispute arising out of this participation. The agreement shall contain other terms as recommended by the City Manager and Director of Law. Notice of passage shall be given and this Resolution shall be passed as an emergency. I offer Resolution No. 66-2012(MS) for passage tonight.”

Vice Mayor Wilcox accepted Resolution No. 66-2012(MS).

Roll call:

Ayes: Wilcox, Caplan, Dunbar, Evans, Stein, Stephens



Nays: None

Resolution passed

Councilwoman Caplan concluded, “I have a couple of other things. One is a reminder that June 1 is a double pickup day because Memorial Day is next Monday so all of the pickup days for trash are a day later except for Friday pickup which won’t be on Saturday but will be on Friday. So, Thursday and Friday are both on Friday so try and remember especially the Thursday people so that will be not this week but June 1. The other thing to comment on and I’m sorry the gentleman left who talked about recycling it is that in many ways I agree with him, not enough people do recycle, although in this City last year 59% of our trash was recycled which was pretty good and because we get money for recycling articles we made approximately $150,000.00 on our recycling effort. Now just think if the other 41% of folks would participate, we would really be in good shape. I think you can do your part and I too am concerned when I see in my neighborhood blue bags, some brown bags, a few piles of newspaper. I know we can all do better and I encourage you to do better. Do your part, it’s part of being a good citizen, it’s not real hard and you’ll be doing yourself and the environment a great big favor besides

which the City will make some money. More importantly, it’s really part of being a good citizen in this country so I encourage you to do better in your recycling. Remember that old trick of opening your mail over the bags. You get a lot of mail most of which you throw away, put it in a bag and recycle it. Remember Cain Park is opening and we have really great shows coming up. That’s all I have tonight.” REPORT OF THE PLANNING AND DEVELOPMENT COMMITTEE Councilwoman Evans stated, “I’d like to present Ordinance No. 20-2012(PD) on second reading, as amended. An Ordinance enacting and adopting a revised Zoning Code Part Eleven of the Codified Ordinances of the City of Cleveland Heights to incorporate sustainable practices into the City’s Zoning Code and declaring an emergency. Whereas, the City of Cleveland Heights seeks to promote environmental, economic and social sustainability and by Resolution No. 91-2010, this Council authorized the City Manager to engage Camiros, Ltd. to make recommendations for amendments to the Zoning Code that will encourage sustainable practices. After consultation with the public, this Council and City staff, Camiros prepared a report of recommended changes to the Zoning Code and after further meetings and review by this Council, City staff from the Planning and Law Departments drafted revisions to the Zoning Code to incorporate many of Camiros’ recommendations. The proposed revisions to the Zoning Code were referred to the Planning Commission for its consideration and recommendations pursuant to Section 1119.03 of the Codified Ordinances. The Planning Commission after extensive review and public comment has given its recommendations to City Council. The final draft of the proposed revised Zoning Code, a copy of which is attached hereto as Exhibit “A” and a copy of which is on file with the Clerk of Council, will result in sustainable development that benefits the general public’s health and welfare while reducing pollution and conserving the earth’s resources for future generations. It would be in the best interest of the City and its residents to adopt the final draft of the proposed revised Zoning Code. Therefore, be it resolved by this Council that Ordinance No. 20-2012(MS) Section 1. The revised Zoning Code dated May 18, 2012 which is attached hereto as Exhibit “A” and incorporated herein and a copy of which is also on file with the Clerk of Council, be and is hereby enacted and adopted in its entirety as Part Eleven of the Codified Ordinances of the City of Cleveland Heights. Section 2. The existing Zoning Code, Part Eleven of the Codified Ordinances of the City of Cleveland Heights, be and is hereby repealed in its entirety. Section 3. To the extent required, all schedules, tables and cross-references in the Zoning Code shall be changed to reflect the amendments adopted herein. Section 4. Notice of passage. Section 5. Declares this to be passed as an emergency measure. I would like to present Ordinance No. 20-2012(MS) for passage this evening.”

Vice Mayor Wilcox accepted Ordinance No. 20-2012(MS) on second reading.

Councilwoman Caplan stated, “This has been a very long time in coming and really I want to congratulate in particular the Planning Department and the Law Director. The amount of work that went into this has been extraordinary and I think it says a lot about what kind of community we are that we were so interested in this and the community was so interested in it that I congratulate the community and the staff for putting this all together because I really think this is a wonderful thing we are doing.” Vice Mayor Wilcox stated, “This is a major undertaking and I do want to again thank our Planning Director Richard Wong, Karen Knittel and Kara O’Donnell from his staff, our Law Director John Gibbon, our Planning Commission which sent us back some good changes for us to review and all the citizens of our community who commented on this Zoning Code. I should point out because there was one change that the Planning Commission recommended that was somewhat in the news so I thought I should at least mention how we came out of that. That is beehives and community gardens. We are not prohibiting beehives in community gardens but we are limiting them to one in each community

garden as long as the members in the community garden approve of the beehive and that residents or properties within 300 feet of the community garden would have an opportunity to comment to our Zoning Administrator who would take their concerns and comments in consideration on whether to allow beehives in community gardens and they would also have to comply with the Ohio Agricultural rules on beehives. Having said that, that is in the final draft of the Code and I did also want to point out that this has been a major undertaking. There are really three aspects of the sustainability. Sometimes we think about the environmental part but it’s really social and economic sustainability as well. What I believe we have here is something that is a balanced approach. Some people wanted us to put a lot more in here. Some people think we put too much in here but I think this is a balanced approach. We will closely monitor the Zoning Code. I think we will probably have changes that will come up in the future but the City should lead by example and this is one of the ways we can lead and I think we will be looking as a City to be more sustainable in the future.” Roll call:

Ayes: Caplan, Dunbar, Evans, Stein, Stephens, Wilcox



Nays: None

Ordinance passed

Councilwoman Evans stated, “I would like to thank Vice Mayor Wilcox for really leading the charge on behalf of my fellow Council members. Resolution No. 67-2012(PD) is a Resolution authorizing an agreement with Kathmandu, Inc. dba Café Tandoor for the use of a portion of the public property adjoining the building at 2096 South Taylor Road for outdoor dining purposes and declaring an emergency. Kathmandu, Inc. which operates a business as known as Café Tandoor at 2096 Taylor Road intends to conduct outdoor dining on the sidewalk adjacent to its building. It has requested permission to use a portion of the right-of-way adjoining its property for such outdoor dining and the requested use which will be located partly on public property and partly on private property will not impair pedestrian traffic or interfere with the use of the public property for right-of-way purposes. Such use will enhance the Cedar-Taylor Business District and be of benefit to the City and its residents. Therefore, be it resolved by the Council that Section 1 reads: The City Manager is hereby authorized to enter into an agreement with Kathmandu, Inc. for the use of a portion of the right-of-way property adjoining 2096 South Taylor Road for the placement of tables and chairs for outdoor dining for its business patrons. Such agreement shall provide for the placement of six tables and 24 chairs as shown on the document attached hereto as Exhibit “A” and incorporated herein by reference. The term of the agreement shall be from May 1, 2012 through November 1, 2012 with optional seasonal renewals. The agreement shall provide for outdoor dining between the hours of 11:30 a.m. through 10:00 p.m., seven days per week and shall allow Café Tandoor to serve alcohol subject to the approval and regulations of the Ohio Department of Liquor Control. The agreement shall require Kathmandu, Inc. to hold the City harmless from any claims resulting from such use and to carry insurance coverage approved by the City Manager and the Director of Law. The agreement shall also provide that it may be terminated by the City at any time if the City and in its sole discretion determines it needs the property for public purposes or that the outdoor dining is creating a nuisance or is not in the best interest of the Business District. Section 2 is notice of passage and Section 3 declares this to be passed as an emergency measure. I would like to declare Resolution No. 67-2012(PD) for passage this evening.”

Vice Mayor Wilcox accepted Resolution No. 67-2012(PD).

Roll call:

Ayes: Dunbar, Evans, Stein, Stephens, Wilcox, Caplan



Nays: None



Resolution passed

Councilwoman Evans continued, “Resolution No. 68-2012(PD) is a Resolution authorizing

an agreement with Keith Logan also doing business as Sweetie Fry for the use of a portion of the public property adjoining the building at 2307 Lee Road for outdoor dining purposes; and declaring an emergency. Whereas, Keith Logan who operates a business known as Sweetie Fry intends to conduct outdoor dining on the sidewalk adjacent to the building and sell ice cream from a cart and he has requested permission to use a portion of the public right-of-way adjoining this business for outdoor dining. Such use will enhance the Cedar-Lee Business District and be a benefit to the City and its residents. Therefore, be it resolved by this Council that Section 1 reads: The City Manager is authorized to enter into an agreement with Keith Logan for the use of a portion of the right-of-way property adjoining 2307 Lee Road for the placement of a large bench for outdoor dining for Sweetie Fry’s business patrons. Such agreement shall provide for the placement of benches and an ice cream cart as shown on the documents attached hereto as Exhibit “A” and incorporated herein by reference but with the specific location subject to review of the Planning Director and the Police Chief. The term of the agreement shall be from May 1, 2012 through November 1, 2012 with optional seasonal agreements. The agreement shall provide for outdoor dining between the hours of 2:30 p.m. and 10:00 p.m., Tuesday through Friday and 1:00 p.m. through 10:00 p.m., Saturday and Sunday. The agreement shall require Mr. Logan to hold the City harmless from any claims resulting from such use and to carry insurance coverage approved by the City Manager and Director of Law. The agreement shall also provide that it may be terminated by the City at any time if the City, in its sole discretion, determines it needs for the public purposes or that the outdoor dining is creating a nuisance or is not in the best interest of the Business District. Section 2 is notice of passage and Section 3 declares this to be passed as an emergency measure. I would like to present Resolution No. 68-2012(PD) for passage this evening.”

Vice Mayor Wilcox accepted Resolution No. 68-2012(PD).

Roll call:

Ayes: Evans, Stein, Stephens, Wilcox, Caplan, Dunbar



Nays: None

Resolution passed

Councilwoman Caplan continued, “Resolution No. 69-2012(PD) is a Resolution authorizing the City Manager to enter into an agreement with The Open Office, LLC for a loan under the City’s Commercial Revolving Loan Fund Program for assistance with the planned expansion of its incubator business space located at the former Coventry School in Cleveland Heights; and declaring an emergency. Whereas, The Open Office, LLC has applied to the City for a loan under the City’s Commericial Revolving Loan Fund Program to assist in the planned expansion. The Open Office expansion is estimated to create a minimum of two (2) new full-time jobs, at least fifty-one percent which will be dedicated for low-to-moderate income persons. This Council has determined that making the requested loan would be consistent with the objectives of the Commercial Revolving Loan Fund Program and would be in the City’s best interest. There are Community Development Block Grant funds available for this purpose. Therefore, be it resolved by this Council that Section 1 reads: The City Manager is authorized to execute a loan agreement and all necessary documents to make a loan under the City’s Commercial Revolving Loan Fund Program to The Open Office, LLC to assist with the planned expansion of its incubator business space located at the former Coventry School in Cleveland Heights. The loan shall be in the sum of Sixty-five Thousand Dollars ($65,000.00) at an interest rate of two percent (2%) with a six (6) year repayment schedule after an eighteen (18) month deferral. The loan shall be secured by a personal guarantee by the company’s principal and a first position lien on the equipment and furnishings of the business. During the term of the loan The Open Office, LLC shall provide adequate documentation to demonstrate compliance with all applicable CDBG resolutions including, without limitation, the requirement that at least fifty-one percent (51%) of the company’s new jobs to be held by low-to-moderate income residents. All documents hereunder shall be approved as to form by the Director of Law. Section 2 is notice of passage and Section 3 declares it to be passed as an emergency. I

would like to submit Resolution No. 69-2012(PD) for passage.”

Vice Mayor accepted Resolution No. 69-2012(PD).

Roll call:

Ayes: Stein, Stephens, Wilcox, Caplan, Dunbar, Evans



Nays: None



Resolution passed

Councilwoman Caplan concluded, “That completes the report this evening.”

REPORT OF THE MAYOR Vice Mayor Wilcox stated, “I have just a couple of comments. One to remind everyone that it’s hard believe but Memorial Day is coming up this weekend so next Monday the 28th the Cleveland Heights Memorial Day Ceremony will take place at Veterans’ Memorial in Cumberland Park and that begins at 10:30 a.m. As always we involve many parts of our community including asking our veterans to speak and we ask street groups, boys and girls scout groups, youth sport teams and other community organizations to participate and remember those who have given their lives for our Country. Next, I just wanted to make a brief comment about last Monday’s meeting we had with our City Council, University Heights City Council and the School Board regarding the facilities plan and other issues. Although we spent much of the meeting talking about Millikin and Gearity we didn’t spend nearly enough time talking about other issues and important aspects of the comprehensive plan the schools are discussing. I think most of us agree that there needs to be a comprehensive renovation or replacement of our schools in the district, maybe not everyone. I think if you look at the studies from the facilities committee there is a lot of support for that but there is a lot that is going to have to be done in a very short period of time if the school board is going to be in a position to put this on the ballot in November and there is probably a lot more than what I’m going to mention but these are the five things I think that are the most important. I have raised these with school board members but I think it’s important to raise them again. We need clear and detailed information on all of the following: An explanation of the educational changes as a result of the new facilities and how this will improve performance in our district. The phasing of the construction of the program, we heard on Monday night that this could be up to an eight year program of replacement so there has to be a detail and clear understanding of what that means so the parents and the district can plan accordingly. We need to have clear understanding of the cost savings of new buildings. We need to have clear information of how we are going to pay for it, how much the levy will be, how much can be raised through for an improvement levy that’s in place and how much can be raised through cost savings that can be leveraged. Finally, there needs to be a clear plan on how to repurpose any building that is not used or is closed as a result of this plan. Again, I have tried to make my points clear to the school board and I just wanted to reiterate, obviously we didn’t have enough time on Monday to get through all that. Hopefully, we will have an opportunity in the next several months to meet again with University Heights and our school board to discuss this in more detail. This concludes the Vice Mayor’s report and I will adjourn the meeting at 8:50 p.m. That concludes this meeting.” Respectfully submitted, Dennis R. Wilcox, Vice Mayor Vice President of Council Tom Raguz Acting Clerk of Council