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The Council of the City of Shaker Heights met in regular session at 642 p.m._ Mayor Earl M. Leiken presidin

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The Council of the City of Shaker Heights met in regular session at 642 p.m._ Mayor Earl M. Leiken presidin Powered By Docstoc
					                                                                                6:42 P.M.
                                                                           August 17, 2009

                                      August 17, 2009

      The Council of the City of Shaker Heights met in regular session at 6:42 p.m.,
Mayor Earl M. Leiken presiding.

      Council members present:            Brady, Foster, Gleisser, Moore
                                          Ruffner, Williams, Zimmerman

      Council members absent:             None

             *                    *                     *                    *

       At 6:42 p.m. it was moved by Council member Zimmerman, seconded by Council
member Foster that Council go into an executive session to discuss personnel matters,
including the appointment, employment, dismissal, discipline, promotion, demotion or
compensation of one or more public employees or officials; and the purchase, sale or
the development of real property.

      At 7:34 p.m. Council returned to the regular Council meeting.

             *                    *                     *                    *

       It was moved by Councilmember Moore, seconded by Councilmember Williams,
that the minutes of the regular meeting of July 27, 2009, be approved as amended.

      Roll Call:          Ayes:           Foster, Gleisser, Moore
                                          Ruffner, Williams, Zimmerman

                          Abstain:        Brady

                          Nays:           None

                                                              Motion Carried

             *                    *                     *                    *

       Resolution No. 09-78, by Councilmember Brady, expressing appreciation to
City staff and citizen volunteers for their assistance in storm clean-up efforts in
the City of Shaker Heights.

      Council member Brady read aloud the resolution of appreciation.

      Resolution adopted by acclamation.

             *                    *                     *                    *




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           The Mayor invited members of the audience to comment on any of the agenda
items.

        Jennifer Braman, a certified arborist and a resident of Shaker Heights, stated that
the issue of mowing grass at Lower Lake is a debate of personal aesthetic vs. science.
Mowing to a personal aesthetic is not responsible. Right now the condition of the soil and
the trees in the Lower Lake area is very poor. The mature trees are in decline. There is
not a speck of organic matter on that soil. She proposes an ecologically sustainable
method for the trees. There is an enormous mulch pile on South Park that is growing by
the day because of the storm from August 10 which should go under the trees from the
trunk to the drip line. It will only benefit the soil environment, the trees, the entire
ecosystem if the trees are healthy and soil moves more toward a forest floor rather than a
sterile cracked beige color that it is now. The areas that are not mulched can be mowed,
but the imperative part is to start somewhere and that is what needs to be done, from
mulch under the tree trunks to the drip line.

        George Parras of South Park stated that he believes the park in its current state
has become somewhat of an eyesore and a detriment to a City that is trying to retain
residents and trying to re-establish itself as a desirable place to live. We are in stiff
competition with a lot of other communities in this area for residents. Several years ago
Mayor Rawson made a big issue out of retaining empty nesters, etc. A park is a
wonderful community asset. If you look at the history of Shaker Heights (according to
Britannica) we “achieved international renown in the early twentieth century as a city of
stunning homes, substantial green space with landscaped parks and lakes, an excellent
school system, and attentive municipal services.” Today through his window, he does not
look out at a people friendly park. The lake has been allowed to naturalize over the years
due to either a lack of a master plan or because of proponents for sustainability. He sees
more people walking along the street than laying on the grass in the park with a blanket,
throwing a Frisbee, etc. It can no longer be used as a park. The priority has become
wildlife. He thinks the proponents of sustainability know that a sustainable practice also
includes formalized landscape. It is very important for the City to return this to a
community asset. As a representative of South Park, the first thing they would like to see
done is to have the grass cut and on a regular mowing schedule, and the City to adopt a
long term comprehensive plan for the Lower Shaker Lake similar to what has been done
at Horseshoe Lake.

       Susan Stechschulte is a long time Shaker resident, former Shaker teacher, a
member of the League of Women Voters, and an avid walker of the parks. She has seen
nothing but abuse to these parks over the last number of years. She has seen a terrible
degradation of the park because the huge machines blow everything around. The path
that used to be two feet wide is now eight feet across. She really feels that everyone can
come together with a long term solution. There are many points she has in common with
neighbors; the perimeter is terrible. This is a new age and we have to do what is
sustainable. Our parks are being compromised every day. She proposes a long term
study and a short term solution. She is not opposed to cutting some of the lawn, but she
is opposed to the way we have not had a best practice here in Shaker. We have a lot of
knowledgeable people including Public Works Director Bill Boag, our tree experts, and the
Nature Center. She asks that Council defer the vote tonight. The one thing that makes
Shaker the most amazing city combined with the architecture and schools, is our parks.


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       Jaikirshan Khatri of 14270 South Park stated that this should serve as a great
opportunity for the community to take pause and think about how to balance the needs of
the aesthetics vs. the ecology. We can reach a happy medium but it will take a lot of
thoughtful dialogue and discussion. He asks for a master plan that doesn’t necessarily
parallel Horseshoe Lake, which can take the needs discussed tonight into consideration
to make a more comprehensive plan for the park that will make everyone happy.

       Jane Ellison, stated that she has a degree in environmental education from an
agriculture school. She has walked the trails since she was a child. She has grave
concerns about the trees. It is not due to their aging, but is caused by our mowing and
leaf removal practices. She presented to the Council task force research from Ohio State
University about how compacted soil threatens our treasured trees. Soil nurtures the
plant, holds water and air. One of the reasons we have standing water there is the
compacted soil. We are very lucky that the grass there is a path rush, it grows to 8
inches. Trees have many challenges. These trees are our heritage. We need a plan to
take better care of them.

       Liz Owen of South Park, stated that she understands and supports a lot of the
environmental concerns, but the biggest problem with the park is that it looks really
neglected, especially the perimeter, and the cracking curbs. Safety is a big concern. She
suggested a plan that would allow for the natural habitat to grow, but with a paved
pathway and mowed perimeter.

       Phoebe Buster of Southington, who lives across from the Nature Center, stated
that she is concerned about the trees. Today the lives of our trees are threatened by the
heavy equipment used to manicure our parks, and the removal of organic material by
noisy leaf blowers. The parks are a public place meant to be enjoyed by everyone. She
asked Council to consider the environment and sustainability over aesthetics. She hopes
Council defers voting tonight.

       Gale Flament of South Park, stated that she agrees there are common concerns.
The park has not been well cared for. She does not agree that the trees are dying
because of mowing the grass with heavy equipment. The trees die from insect
infestation, storm damage, old age and neglect. Trees that were removed this year had
died over a period of decades before they were removed. The City has a new mower
which is smaller and cuts grass better than the older one, so the trees should no longer
be damaged. There needs to be a spring clean up of debris in the park. The park abuts
a residential neighborhood. It is not fair to ask the neighbors to live with that situation.
She would also like the grass mowed.

       Kathy Smachlo stated that we are all aware that humans have had a tremendous
impact on the environment and its native inhabitants. As the human population increases
the numbers of plants, insects, birds, amphibians, reptiles, mammals and fish decrease.
Most is due to habitat destruction. Native plants have been replaced by non natives such
as lawn grass, leaf litter, low thicket shrubs and trees - the crucial need of insects, birds
and butterflies have been cleared. Sometimes less is more. Less removal of leaves from
around trees and shrubs will allow more nutrients for plants, shelter for insects, and over
wintering butterflies and their larvae, food and nesting materials for birds. Less clearing of


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plants near streams will result in more soil protection from erosion. Less mowing in park
areas will improve air quality, increase Shaker’s coffers, improve tree health by lessening
root and trunk damage, and allow more work on beneficial activities such as cutting
invasive vines that are strangling and killing our park trees and shrubs. It is imperative
that elected officials gain the facts and understanding about these issues from experts.
They must then make the right decisions, those that help to sustain our natural
environment. They must also take up the job of educating their constituents about these
issues. This is the 21st century. Scientists and biologists now understand how crucial it is
to protect and rehabilitate our natural ecosystems. A new vision is needed in our plans
for our parks and even our own backyards. A park with mowed chemically treated grass
with scattered single trees should no longer be desirable for the environmentally
conscious.

       Karan Shelley of 14326 South Park, stated that as a resident she is disturbed by
several aspects of this process. No one educated the neighbors or informed them that
there was a change in policy. They simply saw the grass which had been cut for years no
longer being cut. It only contributed to the derelict appearance already taking place with
the broken curbs, etc. It has been an education for her to hear some of the concerns.
She agrees that we have to be concerned about our environment, but cut the grass until
we figure out what we are doing. It is unfair to ask the residents of that one block to bear
the burden of other people’s ecological sensitivity.

        Victoria Mills, Director of the Doan Brook Watershed Partnership (DBWP), a non
profit formed by Shaker Heights, Cleveland, and Cleveland Heights, to look at the entire
riparian corridor, stated that it is great for City officials to hear how active citizens are to
create solutions. She offered assistance from the DBWP in the process of creating a
long term plan. The common thing agreed upon here is that there has been a breakdown
in communication. This is a perfect time to open up dialogue and to re-educate people
about how the parks were established. They are a national environmental educational
landmark which is why they were saved from being a freeway. They have also been
designated as an Audubon and important bird area and contribute to the great bird
diversity, but we can never forget that we are an urban park system. The DBWP has just
re-engaged the Parklands Management Committee and there is room for resident input.

       Ann Thalman of 2919 Huntington Road, stated that she has been going to the
lakes her whole life. The parks have always suffered from benign neglect. The parks
were formed as the lakes were dammed from mills. The trees have grown up and they
are magnificent. We have a lot of areas in our City that are heavily wooded, but few
parks where we can walk. She likes the open areas of the park where she can feel safe.
The Horseshoe Lake Master Plan engaged the audience to see the lake. She wishes we
had boats back on the lake again. This is an urban park. If you walk through any of the
parks at any time, you will see that Lower Lake is the busiest park. We need a dialogue.
Mow the grass and address this over the winter with a plan for next spring.

        Mayor Leiken stated that this situation arose after some residents approached the
Administration about the ecological issue involved in cutting the grass and they made an
articulate presentation to the Public Works Director and Mayor Leiken. He felt it made
sense to stop mowing on a trial basis. Subsequently Mayor Leiken became aware of the
impact and concern of residents in the area about the effect of not mowing and asked


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Council to become involved. Park maintenance impacts the entire community. A
subcommittee of Council, chaired by Nancy Moore with Brian Gleisser and Rob
Zimmerman, were charged to create a process where they heard from both sides and
had an opportunity to receive input from the Nature Center and make a recommendation.
They will present their recommendation tonight. Mayor Leiken thanked everyone who
participated in the discussion. Residents have a great deal to learn from each other.

                          *      *                    *                   *

      Shaker School Board members Annette Sutherland and Norman Bliss gave a
presentation on the Schools Strategic Planning Process.

       Norman Bliss stated that when he thinks about one of the specific goals of a
planning process he thinks about our ability to manage the future. In order to manage
the future we have to be very clear on where we want to go, why we want to go there,
and how we get there. School Board President Drexel Feeling appointed Mr. Bliss and
Ms. Sutherland to chair a School Board driven strategic planning process with one very
simple and also very difficult objective. The process would have full engagement from
the entire Shaker Heights community that would encompass the broadest range of key
stakeholders including residents, teachers, students, parents, and local businesses.

        A design team was organized to launch the planning process and serves several
critical functions. It helps to identify the organizational resources needed to be
successful. It helps to identify the key to various aspects we need. Most importantly
the design team was assigned the crucial task of identifying the proper methodology to
use throughout the planning process and help pick the facilitator to ultimately guide
them through the planning process. After careful review the design team agreed that in
order to engage the broadest possible spectrum of the community they would use the
planning methodology called appreciative inquiry. Appreciative inquiry is a strength
based approach towards planning for organizational change. The goal is to align the
strengths of an organization with the opportunities and aspirations to achieve the
desired goals. Traditional planning asks us to look at the problems, form a diagnosis,
and find solutions. Appreciative inquiry, however, suggests that we look for what works
well in the organization, envisioning what might be, and innovating on what will be.

       Annette Sutherland asked those present to imagine for a minute that it is 2014—
5 years from now. You are still a Shaker resident and the schools have become truly
“world class.” The national press and professional educators are benchmarking our
school district for the amazing transformation it has achieved since the recessionary
times in 2009. All Shaker residents are benefiting from the quality programming at our
schools. The entire community is actively linked to our educational and developmental
agendas. We attract the best teachers and administrators and there is a renewed trend
of residents moving into Shaker because of the school system. What do you see going
on? Who is doing what? What has changed so much since 2009? What challenges
did we overcome? What innovations have occurred? Please share the images you
see in this 2014 picture. This is what a sample appreciative inquiry (AI) question would
sound look like.




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           She then presented an outline of the AI interview process:
            AI looks forward to the future and has been found to develop unity and
             commitment among participants, rather than focusing on the past or placing
             blame for problems.
            AI allows the person being interviewed to fully express the individual’s point of
             view, rather than choose from a short menu of cookie cutter options.
            AI requires the interviewer to really listen to the other person in order to
             concentrate on creating a fair record of the opinions and ideas being
             expressed.
            AI is attractive in part because other school organizations found it was
             effective to include students as well as teachers, parents, and other adult
             citizens as interviewers, making this a very inclusive process.
            AI participants have said culture of organization improved as part of the
             process, before the plan was actually formed and implemented -- every
             District employee, students in the Middle School and High School, and
             hundreds of members of our community involved.
            Recruiting a diverse group of interviewers because we want them to interview
             people in their own network and help us reach a diverse sampling of our
             community.
            We will go outside the circle of Shaker activists who can be counted on to
             show up for PTO meetings and neighborhood association meetings. For
             example, Sharon Bell of the MyComm project has been building connections
             to parents who find it difficult to meet deadlines related to their children’s
             summer plans, and she is helping us to invite her emerging network to
             participate in this project.

        The kickoff training for the first group of AI interviewers is the third week of
school. They are inviting hundreds of people, hoping approximately 100-125 can
attend the first round. The second training session will take place later in September.
People training as interviewers are asked to commit to spending about 10 hours
interviewing others, which is 10 or more interviews. Interviewers will gather some
demographic information and all of their notes will be given to a District administrator
who is the project coordinator. She will track how we do on reaching various segments
of the community. The actual interview notes will be analyzed and synthesized by a
team of graduate students at Case Western Reserve University who are studying under
Professor Fry. In addition, Superintendent Mark Freeman is encouraging building
principals and teachers to reach most of our upper grade students. We are estimating
and seeking participation by at least two thousand Shaker residents. The process
assures a great deal of diversity in who participates, but we will work to make sure it
does reach a wide range of types of residents.

       After the September 14 training session, interviews will be conducted all over
Shaker through October and into November. Factors such as how quickly our
volunteers turn in their notes and whether we are reaching the diverse community we
want, will determine if we can keep those graduate students on track for having their
analysis ready by late November. We are tentatively scheduled for a public meeting
just before Thanksgiving to review the “data.” Typically AI works with the data in a
“summit meeting” where a large group of stakeholders turns the data into goals and



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action steps. Our consultant has advised that after we see the data, we may want to
focus on those findings in more than one “summit” meeting. For now, we are planning
one summit meeting for February 2009. Most likely pieces of the goals will be assigned
to task forces who will report back on proposed action steps, later in the spring. We
think we’ll be in shape to have the Board of Education adopt the first strategic plan by
early summer. The summer 2010 Strategic Plan will be the first in a sequence of
annual versions of the plan. We want this to be a continuous process where each year
we review the action steps of the previous year, check on what has been accomplished
and what has been learned, and tweak the plan for the following year.

           Ms. Sutherland then invited Council and City Officials to the AI training.

       Council member Zimmerman stated that he is thrilled to have representatives
from the School Board here and hopefully it is the start of many more positive and
public interactions between the School Board and the City. We are all in this together.

       Council member Moore stated that sometimes it takes a while for good ideas to
surface. She remembers when she ran for election for the School Board 14 years ago,
her primary platform issue was a strategic plan for the School District.

           *                    *                    *                    *

      Lower Lake Task Force Chair Nancy Moore gave a presentation regarding the
recommendation of the Task Force. There were three people appointed to this
subcommittee: Ms. Moore who is a liaison with the Doan Brook Watershed Partnership;
Rob Zimmerman, Chair of the Public Works and Safety Committee; and Brian Gleisser,
an experienced city planner who also has a great deal of experience with public
process.

       The history of the parklands adjacent to South Park goes back to the deed from
the Rockefeller Trust originally given to the City of Cleveland which Shaker Heights
leases until 2090. That lease obligates us and says that the lands must be preserved
as parklands as they have been since 1947 and that they need to be open to all
persons regardless of their place of residence. No one city owns these lands, and no
one person and no one interest faction; that is a condition that we have to abide by.
The Doan Brook Watershed Partnership was created and the City of Shaker Heights
contributes $18,000 annually to that partnership for the restoration of the watershed of
which Lower Lake is a significant portion. In 1995 they created a Parklands
Management Committee that drafted a strategic plan for the care of each individual site
in the parklands that compose the total parklands between the cities of Cleveland,
Cleveland Heights and Shaker Heights. Unfortunately over the years this management
plan fell into to disuse. They are now in the process of reinvigorating it and redrafting it.
The past maintenance policy with respect to Shaker Heights involved mowing the lands
and trying to keep them presentable. This policy was consistent with the Parklands
Management Committee strategic plan.

      Last January a decision was made creating a pilot project for a small stretch of
South Park from Larchmere to the Coventry bridge. This change occurred without
proper notification with the residents of South Park and gave the perception that they


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had not been consulted and ignored. She apologized for this and stated that this was
not the City’s intent. We now need to take a step back seeing that we created some ill
will and take a look at a process that is fair and open, but arrives at an immediate
solution. While obviously not aimed at pleasing everyone we must take into
consideration the residents that are feeling slighted now. A longer term solution is a
second part of the recommendation. In view of the fact that the subcommittee has
listened extensively to everyone who shared input we hope that they feel their issues
were heard, that the City understands their concerns, and that the City is very serious
about trying to arrive at a consensus plan at least long term to reconcile opposing
viewpoints as to how the parklands should be maintained in perpetuity.

         Council member Zimmerman stated that tonight’s discussion represents the very
best of Shaker. We don’t often have a large attendance at Council meetings. Tonight’s
discussion and the discussion with representatives from the community and the
subcommittee have both been very educational and instructive. We are here talking
civilly about an issue that matters to all of us, the use, enjoyment and preservation of our
parklands. Unfortunately, there was a breakdown of communication earlier this year. We
are all very sorry about that. A policy decision was made without consulting the
immediately affected residents.           This subcommittee was asked to make a
recommendation to the members of Council as to what to do about this situation. We are
not here to pick sides. This is about finding common ground to get the outcomes we
want.

       The short term solution being recommended by the subcommittee is to mow the
grass. This is being done because the grass is unsightly. We are recommending this on
a short term basis to return the situation to the status quo. At that point we would like to
engage in a much more detailed process. We will begin a dialogue where we can all
share ideas so we can use and enjoy the parklands now and in the future.

        Council member Gleisser stated that this was an Administrative decision where the
Mayor has sought Council’s views and consensus. Those in favor of mowing and those
in favor of not cutting the grass are both very passionate. This is a community that loves
trees, this is a garden city, and we are an environmentally progressive City. This is also a
community which loves well manicured neighborhoods. We recognize that in this process
there are many different interests ranging from the multi-city Doan Brook Watershed
Partnership, to the Nature Center, to adjacent property owners, to interested residents
across the City. We need a process for dialogue. Tonight we do not have the specific
process, but we will be coming up with a well thought out process. The goal is to have a
recommendation for how the City will deal with the parklands by next spring. We were
hoping that the Doan Brook Watershed Partnership could move quickly in updating their
Strategic Management Plan. That would be a great vehicle to look at this issue in a
broader context. We will be inviting various experts ranging from environmentalists,
arborists, residents, and Realtors. Our parklands is a major selling point of the
community. It is important that the parklands be maintained properly to continue to be an
attraction. The subcommittee will be meeting to come up with a process which will be
communicated and publicized to determine the most appropriate approach to gather
information for the City and having a dialogue with the interested parties over the fall and
winter to be ready for the spring. The challenge is to maintain the parklands properly in a



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sustainable way within an urban setting.      He feels confident that we will reach an
appropriate solution for all parties.

       Council member Brady stated that he is a resident of South Park. The arguments
for both sides were compelling. He lives across from the park and often works from
home, so he sees the park all day. He learned a lot about some things we can do to
make the park sustainable. He feels the subcommittee’s recommendation is the best
compromise to move forward.

     Council member Foster stated that he agrees with the recommendation of the
subcommittee to mow the grass and return the park to its status quo and continue
communicating to find the best long term solution.

      Council member Ruffner stated that she is in agreement with her colleagues. After
hearing both sides she feels we are going in the right direction.

      Council member Williams stated that he feels a comprehensive approach is best
and he agrees with a long term study that would benefit all the parklands.

           *               *                     *                   *

      Ordinance No. 09-79, by Councilmember Williams, authorizing settlement of
a lawsuit against the City of Shaker Heights (Donald A. Barnes v. City of Shaker
Heights, et al., Cuyahoga County Common Pleas Court, Case No. CV09698096), and
declaring an emergency.

       Margaret Cannon, Director of Law, stated that this item authorizes a settlement of
an outstanding claim with former Fire Chief Donald Barnes. The Mayor ended former
Chief Barnes’ employment with the City based on certain concerns about budgetary
issues. That resulted in former Chief Barnes filing certain claims against the City after a
thorough and fair round of discussions between the City and former Chief Barnes. Law
Director Cannon recommends Council authorize the settlement that will involve payment
to former Chief Barnes of his accrued sick leave and vacation time, a portion of his health
care costs through the end of March 2010, and payment of severance pay through the
end of March 2010.

       It was moved by Councilmember Williams, seconded by Councilmember Ruffner,
that the rule requiring ordinances to be read on three different days be suspended and
Ordinance No. 09-79 be placed upon its final enactment.

           Roll Call:      Ayes:         Brady, Foster, Gleisser, Moore
                                         Ruffner, Williams, Zimmerman

                           Nays:         None

                                                              Motion Carried

      Moved by Councilmember Williams, seconded by Councilmember Ruffner, that
Ordinance No. 09-79 be enacted as read.


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           Roll Call:         Ayes:       Brady, Foster, Gleisser, Moore
                                          Ruffner, Williams, Zimmerman

                              Nays:       None

                                                              Ordinance Enacted

                          *           *                *                    *

       Robert H. Baker, Finance Director, stated that the City has received and spent a
grant of $4,779 expended through the Health Department and the drug program that
provided for employment of Shaker youth during the summer. We discovered as a part of
appropriating the funds, that there was a failure to bring to Council the acceptance and
approval of the grant.

      Ordinance No. 09-80, by Councilmember Ruffner, authorizing the City to
apply for and accept a Starting Point MyCom Youth Development Initiative grant in
the amount of $4,779, made available through the Out-of-School Time Summer
Program, and declaring an emergency.

        Council member Ruffner stated that this is one of the most magnificent things that
we have seen for our youth here in Shaker Heights. We put 100 youth to work this
summer. We affected 87 households. For 6 weeks we had young people working for the
City, for churches, for private businesses, and the energy cannot go unnoticed of the
impact of the money we received through the youth opportunities and MyCom efforts.
Hopefully, we will be able to do this again next year. When we are able to touch that
many young people’s lives, she feels the job was well done. She then thanked the
directors who took the time to work with MyCom to get the young people placed and who
took responsibility for them working in their departments.

       It was moved by Councilmember Ruffner, seconded by Councilmember Williams,
that the rule requiring ordinances to be read on three different days be suspended and
Ordinance No. 09-80 be placed upon its final enactment.

           Roll Call:         Ayes:       Brady, Foster, Gleisser, Moore
                                          Ruffner, Williams, Zimmerman

                              Nays:       None

                                                              Motion Carried

      Moved by Councilmember Ruffner, seconded by Councilmember Williams, that
Ordinance No. 09-80 be enacted as read.




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           Roll Call:         Ayes:       Brady, Foster, Gleisser, Moore
                                          Ruffner, Williams, Zimmerman

                              Nays:       None

                                                              Ordinance Enacted

                          *           *                *                   *

      Ordinance No. 09-81, by Councilmember Brady, amending Ordinance No. 09-
23, an ordinance making annual appropriations for the current expenses and other
expenditures of the City of Shaker Heights for the fiscal year ending December 31,
2009 to provide for additional appropriations to be used by the Department of
Health and the Shaker Prevention Coalition – SHARP Program, and declaring an
emergency.

       It was moved by Councilmember Brady, seconded by Councilmember Gleisser,
that the rule requiring ordinances to be read on three different days be suspended and
Ordinance No. 09-81 be placed upon its final enactment.

           Roll Call:         Ayes:       Brady, Foster, Gleisser, Moore
                                          Ruffner, Williams, Zimmerman

                              Nays:       None

                                                              Motion Carried

      Moved by Councilmember Brady, seconded by Councilmember Gleisser, that
Ordinance No. 09-81 be enacted as read.

           Roll Call:         Ayes:       Brady, Foster, Gleisser, Moore
                                          Ruffner, Williams, Zimmerman

                              Nays:       None

                                                              Ordinance Enacted

                          *           *                *                   *

      Ordinance No. 09-82, by Councilmember Zimmerman, accepting a proposal
and authorizing a contract with Network Logistics, LLC in the total amount of
$30,240 for the period September 1, 2009, through December 31, 2010, for
temporary, part-time, on-site professional information technology personal
services for the Department of Police, and declaring an emergency.

       D. Scott Lee, Chief of Police, stated that this item authorizes a contract with
Network Logistics LLC in the amount of $30,240. This is to help implement the in-car
video system. This money was already appropriated as part of the project. This item is



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being declared as an emergency with a suspension of the rules in order to implement the
project before the end of the year.

      Council member Zimmerman stated that this money was already included in the
budget for this project. This is not an additional appropriation.

       Council member Williams asked if these are the first in-car videos to be installed in
Police cruisers.

           Chief Lee stated that these will be the first in-car videos installed in Police cruisers.

      Council member Gleisser stated that in order for the City to remain competitive we
need to take a close look at how we deal with online registration, payments, and IT in
general. This is the future. It is a requirement not a luxury. We are shortchanging our IT
Department at this point. We can no longer put this off and we need to address this issue
when we hold budget discussions in the coming months.

       It was moved by Councilmember Zimmerman, seconded by Councilmember
Foster, that the rule requiring ordinances to be read on three different days be suspended
and Ordinance No. 09-82 be placed upon its final enactment.

           Roll Call:            Ayes:          Brady, Foster, Gleisser, Moore
                                                Ruffner, Williams, Zimmerman

                                 Nays:          None

                                                                      Motion Carried

      Moved by Councilmember Zimmerman, seconded by Councilmember Foster, that
Ordinance No. 09-82 be enacted as read.

           Roll Call:            Ayes:          Brady, Foster, Gleisser, Moore
                                                Ruffner, Williams, Zimmerman

                                 Nays:          None

                                                                      Ordinance Enacted

                          *              *                     *                     *

      Resolution No. 09-83, by Councilmember Moore, supporting the passage of
H.B. 176 by the Ohio General Assembly, which will provide legal protection against
discrimination on the basis of sexual orientation and gender identity in housing
and employment throughout the State of Ohio.

           Council member Moore read aloud the resolution in support of HB 176.

       Council member Zimmerman stated that he feels very strongly about this issue. It
is very important that our laws on a state-wide basis reflect the fact that we do not


                                                 140
Regular Council Meeting
August 17, 2009


discriminate against anyone on the basis of any type of characteristic including sexual
orientation, and gender identity. As the resolution indicates our codified ordinances
already reflect that in some very important instances in terms of housing discrimination as
well as employment. He also pointed out to his colleagues that HB 176 has been made a
priority by our State Representative and Speaker of the House Armond Budish, who
represents Shaker Heights as well as the rest of the 8th District for the Ohio House of
Representatives. There has been bipartisan support for BH 176 in the Ohio House of
Representatives. He feels this City Council should support the concepts within HB 176
demonstrating to the State of Ohio and the rest of the country that Shaker Heights is a
welcoming place, a progressive place and a place where discrimination is not allowed to
exist in any form.

        Council member Ruffner, and Chair of the Fair Housing Review Board, stated that
many people don’t know Shaker is 1 of 3 cities in the State of Ohio which has the right to
hear Fair Housing cases. Being congruent with all of the efforts and energy we have put
in marketing and outreach of our fair housing we certainly want to support HB 176
considering the fact that we addressed this in 2006 with the protection of persons in our
Fair Housing law based on sexual orientation. In 2008 we reaffirmed this protected class
in our equal opportunity employment law.

      Moved by Councilmember Moore, seconded by Councilmember Ruffner, that
Ordinance No. 09-83 be enacted as read.

           Roll Call:         Ayes:        Brady, Foster, Gleisser, Moore
                                           Ruffner, Williams, Zimmerman

                              Nays:        None

                                                                 Ordinance Enacted

                          *           *                  *                     *

       Ordinance No. 09-84, by Councilmember Moore, determining to proceed with
the lighting of streets and levying assessments of a portion of the expense thereof
on the streets hereinafter named.

        Robert H. Baker, Finance Director, stated that in May Council adopted resolutions
of necessity, the first step in assessing street lights. This assessment lasts for three
years. By law the County is required to send us draft assessments. We are required to
publish notice in the newspaper. In this process it was brought to our attention by a
resident of Canterbury Lane that there are no street lights on their street. For this reason
that street has been removed from this ordinance. In addition the City of Shaker Heights
has acquired a number of properties and it makes no sense to assess ourselves so we
have eliminated all the properties for which we own. Likewise, properties which we have
transferred to private owners have been added back to the assessment role. Finally, this
ordinance is not effective until Friday to give citizens 14 days to file a complaint. If we do
receive complaints we will request a special meeting of Council. We must file the
assessments with the County on September 14.



                                             141
Regular Council Meeting
August 17, 2009


       It was moved by Councilmember Moore, seconded by Councilmember Foster, that
the rule requiring ordinances to be read on three different days be suspended and
Ordinance No. 09-84 be placed upon its final enactment.

           Roll Call:         Ayes:       Brady, Foster, Gleisser, Moore
                                          Ruffner, Williams, Zimmerman

                              Nays:       None

                                                              Motion Carried

      Moved by Councilmember Moore, seconded by Councilmember Foster, that
Ordinance No. 09-84 be enacted as read.

           Roll Call:         Ayes:       Brady, Foster, Gleisser, Moore
                                          Ruffner, Williams, Zimmerman

                              Nays:       None

                                                              Ordinance Enacted

                          *           *                *                   *

         It was moved by Councilmember Williams, seconded by Councilmember Moore, to
amend the proposed tree maintenance assessment ordinance to remove the individual
list of Kenmore properties from the top of page 3.

           Roll Call:         Ayes:       Brady, Foster, Gleisser, Moore
                                          Ruffner, Williams, Zimmerman

                              Nays:       None

                                                              Motion Carried

       Ordinance No. 09-85, by Councilmember Gleisser, determining to proceed
with the trimming and maintenance of trees and levying assessments of a portion
of the expense thereof on the streets hereinafter named.

       Robert H. Baker, Finance Director, stated that in May Council adopted resolutions
of necessity, the first step in assessing tree maintenance. This assessment lasts for
three years.

       It was moved by Councilmember Gleisser, seconded by Councilmember Foster,
that the rule requiring ordinances to be read on three different days be suspended and
Ordinance No. 09-85 be placed upon its final enactment.




                                           142
Regular Council Meeting
August 17, 2009


           Roll Call:         Ayes:         Brady, Foster, Gleisser, Moore
                                            Ruffner, Williams, Zimmerman

                              Nays:         None

                                                                Motion Carried

      Moved by Councilmember Gleisser, seconded by Councilmember Foster, that
Ordinance No. 09-85 be enacted as amended.

           Roll Call:         Ayes:         Brady, Foster, Gleisser, Moore
                                            Ruffner, Williams, Zimmerman

                              Nays:         None

                                                                Ordinance Enacted

                          *           *                  *                   *

                          *           *                  *                   *

           Motion for Liquor Permit Renewals for all liquor permits held in the City.

        Margaret Cannon, Director of Law, stated that periodically all of the liquor permits
within the City come up for renewal and every current owner must file an application for
renewal. There are no objections to the renewal of any permit except for the one at
16706 Chagrin Boulevard dba Best Steak N Gyros House. There are a number of
outstanding code violations regarding that property and the restaurant is out of business.
For these reasons we are recommending that Council by motion object to the renewal of
only that permit.

      Council member Williams asked if by not allowing the renewal of that permit would
we be causing that precinct to be without a permit?

       Director Cannon stated that she does not know how many liquor permits are in that
precinct, but we can find out. The fact that the City objects does not automatically result
in the revocation of the permit. There will be a hearing before the Board of Liquor
Control. Her understanding is that if the permit is not renewed an active permit is
available in that precinct for another user.

      It was moved by Councilmember Moore, seconded by Councilmember Williams,
that Council object to the liquor permit to 16706 Chagrin Boulevard dba Best Steak N
Gyros House and request a hearing.




                                             143
Regular Council Meeting
August 17, 2009


           Roll Call:         Ayes:        Brady, Foster, Gleisser, Moore
                                           Ruffner, Williams, Zimmerman

                              Nays:        None

                                                               Motion Carried

                          *           *                 *                   *

           The Mayor invited members of the audience to comment on any issues.

No comments were offered.

                          *           *                 *                   *

       There being no further business before Council, the Mayor adjourned the meeting
at 9:28 p.m.




                                      __________________________________________
                                      EARL M. LEIKEN, Mayor




                                      ___________________________________________
                                      JERI E. CHAIKIN, Clerk of Council




                                            144

				
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