Top Banner
MEMORANDUM TO: Members of Council FROM: Tanisha R. Briley, City Manager DATE: January 13, 2017 RE: January 17, 2017 ______________________________________________________________________________ MEETINGS & REMINDERS City Hall will be closed on Monday, January 16 in observance of Martin Luther King Day. Tuesday, January 17 - 6:15 p.m. - Committee of the Whole - 7:30 p.m. - City Council Wednesday, January 25 - 7:00 p.m. - Political Influence by Corporate Entities Public Hearing LEGISLATION Legislation has been prepared for the following: 1. Cain Park Rates, First Reading 2. Parks and Recreation Fees, First Reading 3. County Sewer Services Agreement 4. Evans Energy Letter of Intent GENERAL INFORMATION 1. Enclosed are the Council Update and Agendas. 2. Enclosed is a Community Outreach update from the Vice City Manager. 3. Enclosed is an update from the Public Works Director. 4. Enclosed is an update from the Utilities Commissioner. 5. Enclosed is an update from the Planning and Development Director. 6. Enclosed is an update from the Economic Development Director. 7. Enclosed is an update from the Housing Director. 8. Enclosed is the weekly update from the Parks and Recreation Director. 9. Enclosed is the weekly activity report from the Fire Chief. 10. Enclosed is the weekly activity report from the Police Chief. 11. Enclosed is a memo regarding Planning Commission Actions 12. Enclosed are minutes and an agenda for Citizens Advisory Committee. 13. Enclosed are minutes for the Architectural Board of Review. 14. Enclosed are minutes from the last City Council meeting. TRB/jkw Enclosures
102

Tanisha R. Briley, City Manager DATE - Cleveland Heights

Mar 04, 2023

Download

Documents

Khang Minh
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: Tanisha R. Briley, City Manager DATE - Cleveland Heights

MEMORANDUM

TO: Members of Council FROM: Tanisha R. Briley, City Manager DATE: January 13, 2017 RE: January 17, 2017 ______________________________________________________________________________

MEETINGS & REMINDERS

City Hall will be closed on Monday, January 16 in observance of Martin Luther King Day.

Tuesday, January 17 - 6:15 p.m. - Committee of the Whole- 7:30 p.m. - City Council

Wednesday, January 25 - 7:00 p.m. - Political Influence by CorporateEntities Public Hearing

LEGISLATION

Legislation has been prepared for the following: 1. Cain Park Rates, First Reading2. Parks and Recreation Fees, First Reading3. County Sewer Services Agreement4. Evans Energy Letter of Intent

GENERAL INFORMATION

1. Enclosed are the Council Update and Agendas.2. Enclosed is a Community Outreach update from the Vice City Manager.3. Enclosed is an update from the Public Works Director.4. Enclosed is an update from the Utilities Commissioner.5. Enclosed is an update from the Planning and Development Director.6. Enclosed is an update from the Economic Development Director.7. Enclosed is an update from the Housing Director.8. Enclosed is the weekly update from the Parks and Recreation Director.9. Enclosed is the weekly activity report from the Fire Chief.10. Enclosed is the weekly activity report from the Police Chief.11. Enclosed is a memo regarding Planning Commission Actions12. Enclosed are minutes and an agenda for Citizens Advisory Committee.13. Enclosed are minutes for the Architectural Board of Review.14. Enclosed are minutes from the last City Council meeting.

TRB/jkw Enclosures

Page 2: Tanisha R. Briley, City Manager DATE - Cleveland Heights

COUNCIL UPDATE

January 13, 2017

1. LEGISLATION

• Cain Park Rates, First Reading. This legislation authorizes and approves the presentation of entertainment programs in Cain Park for the year 2017; and repeals portions of Ordinance No. 143-2015.

• 2017 Parks and Recreation Fees. This legislation amends the use regulations and rates for admission and other services for the Cleveland Heights Community Center, city parks, and Cumberland Pool for the 2017 winter, spring and summer seasons, and repeals Ordinance Nos. 95-2015, 142-2015, and sections of Ordinance No. 143-2015.

• *County Sewer Services Agreement. This legislation authorizes the City Manager

to enter into an agreement with the County of Cuyahoga to perform certain services to help maintain the City’s sanitary and storm sewers.

• *Evans Energy Letter of Intent. This legislation authorizes the City Manager to

execute a Letter of Intent with Evans Energy for an energy conservation project not to exceed $20,000.

*Note: This legislation has been added since the last meeting of Council.

2. ENERGY EFFICIENCY PROJECT UPDATE • Council will be asked to authorize the execution of a letter of intent (LOI) with

Evans Energy, LLC to administer our energy efficiency project. The LOI allows for a period of 60 days for final contract negotiations to occur. Additional engineering will also take place during this phase in order to finalize cost estimates provided by Evans Energy.

• Though LOIs are generally non-binding this particular LOI includes a provision that Evans Energy would be reimbursed for these additional engineering costs in an amount not to exceed $20,000 should we fail to execute a final contract for the project. The City will not be responsible for the additional engineering costs

Page | 1

Page 3: Tanisha R. Briley, City Manager DATE - Cleveland Heights

if the failure to reach agreement occurs because the contract terms are not financially advantageous to the City or if the failure was through no fault of the City.

• A very limited verbal update on this project was provided at last week’s meeting. A discussion with the Mayor this week served as a reminder that Council has not reviewed this project in detail since last July and more background/refresher information would be appreciated. The following is a summary of the project to date:

o December 2015: City partners with the County’s Department of

Sustainability and Spectrum Energy to pursue an energy savings performance contract (ESPC) project. An ESPC is financing technique that uses cost savings from reduced energy consumption to repay the cost of installing energy conservation measures. In some cases the energy savings are enough to cover the energy conservation measures as well as additional capital expenditure projects (or capex) that would be financed in other ways.

o January 2016: Energy audit of all City facilities began. Spectrum Energy conducted audits of large facilities (City Hall, Community Center, and Service Garage). COSE conducted audit of smaller facilities. This first step was necessary to determine whether there was sufficient energy savings to pursue an ESPC project.

o April 2016 through June 2016: Audit findings and corresponding financial

analysis were presented to City team by Spectrum Energy, County Sustainability Staff, and Eutectics. City team reviewed findings and related costs and determined initial scope of work for the project following several months of additional financial and engineering analysis. The City team’s goal was to find a balance of project costs and savings that helped us cover as many additional capex projects as possible while still achieving a positive cash flow at the onset of the project.

o July 2016 – Joint presentation given to Council by staff, Spectrum Energy, County Sustainability staff, and Eutectics regarding audit findings, project scope, financial analysis, and next steps which included issuing a request for proposal for energy savings performance contracting services. Presentation is enclosed for reference.

o August 2016 – Council authorized permission to issue request proposals.

Page | 2

Page 4: Tanisha R. Briley, City Manager DATE - Cleveland Heights

o September 2016 – Four responses received. City team along w/Spectrum Energy met to review responses. Two found to be unresponsive. Evans Energy and Gardiner named finalists.

o October 2016 – Spectrum Energy worked with finalists to vet cost

proposals and prepare comparative analysis for City team.

o November 2016 – City team along with Spectrum Energy conducted interviews with Evans Energy and Gardiner.

o December 2016 – Gardiner was informed of cost differentials in

proposals and City’s intent to pursue additional due diligence on Evans in pursuit of a letter of intent. Gardiner makes public records requests for Evans Energy proposal. Request filled. Gardiner requested a follow up meeting with City team, Spectrum and City Manager. Meeting held with Gardiner. Gardiner presented claims against Evans.

o December 2016/January 2017: City team and Spectrum Energy further

vet Evans Energy including investigation of Gardiner’s claims against Evans Energy. Findings were satisfactory. Evans informed of City’s intention to pursue a letter of intent with them pending referencing.

o Week of January 9, 2017: Referencing satisfactorily concluded. Update

provided to Council regarding project scope and financial analysis. Eutectics conducted additional financial analysis in consultation with a municipal advisor and Finance Director Raguz to finalize numbers and begin vetting financial instruments. Gardiner makes another public records request for additional Evans materials. Request is in process of being filled.

o Week of January 17, 2017: Council will be asked to authorize a LOI with

Evans Energy to enter in to negotiations.

o Next steps: During the contract negotiation phase financial analysis will continue as additional engineering occurs and costs are further refined. Financial instruments will continue to be reviewed until a final contract is signed and costs are finalized. Council will need to take additional action to enter in to contract with Evans and issue debt for project.

3. CHECKS BETWEEN $10,000 - $50,000 • AT & T - $12,803.20: Communication Usage for various city accounts • The Illuminating Company - $46,357.49: Electrical Usage for various accounts

Page | 3

Page 5: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Energy Efficiency Project

Committee of the Whole Meeting July 25, 2016

Page 6: Tanisha R. Briley, City Manager DATE - Cleveland Heights

About the Project – The Challenge

• Building systems dated and costly – Beyond useful life – Inefficient – Expensive to repair and expensive to replace – Competing with other capital needs

• Deferred $2.6M in projects in 2016 alone

Page 7: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Capital Needs vs. Available Resources • These projects compete with other capital needs • Financed Capital Projects:

– 2014 - $3.2 M – 2015 - $2.3 M

• 28% reduction • Deferred $1.3M

– 2016 - $1.6M • 50% reduction • Deferred $2.6M

• Forecasted future deficits through 2022

Page 8: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Project Goals • Invest in aging systems in City facilities to

– Reduce our impact on the environment – Decrease overhead costs – Avoid costly breakdowns/service disruptions – Do it all by paying for the projects with the

aggregate savings generated from improvements

Page 9: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Department of Sustainability

Page 10: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Department of Sustainability's Mission & Goals

• PROMOTE economic development to support businesses that provide environmentally sustainable products and services

• EDUCATE the public about environmentally sustainable practices • COLLABORATE with businesses, non-profit organizations, and

government agencies to develop programs incorporating environmentally sustainable methods into accepted practice

Page 11: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Clean Energy Financing Hub The HUB facilitates private financing at competitive rates for building owners in Cuyahoga County for energy efficiency upgrades and solar projects • Eligible Properties:

• Eligible Projects: Most energy efficiency, renewable energy, and water conservation projects are eligible: solar, HVAC, boilers & chillers, lighting, building controls, windows, cool roofing, water-efficient plumbing, and more

• Project Size: $25,000 up to $5 million and more

Small Businesses

Large Commercial/

Industrial Users

Government Non-profit Institutions

Page 12: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Partnering with the City of Cleveland Heights

Page 13: Tanisha R. Briley, City Manager DATE - Cleveland Heights

CLEVELAND HEIGHTS ENERGY SAVINGS PROJECTS

PRELIMINARY FINANCE ASSESSMENT

Produced for the Cuyahoga Clean Energy Financing HUB UPDATED – 30 June 2016

Contact: Ian Schonwald Managing Director, Eutectics

[email protected] | d: 612.284.4241

Page 14: Tanisha R. Briley, City Manager DATE - Cleveland Heights

CLEVELAND HEIGHTS PROJECT SUMMARY The proposed energy efficiency and deferred maintenance projects in Cleveland Heights will provide significant environmental and financial benefit, including more than $404,000 in total savings in the first full year of system operation. Further operational savings are also likely, though were not included in COSE’s engineering calculations here. Spectrum Energy and COSE initially proposed a comprehensive outline of possible measures at each facility. Spectrum Energy then worked with Cleveland Heights to select the measures to be included. Eutectics assumed a 20-year useful life for all measures, except for LED lighting at 10 years.

Eutectics™ identified 4 possible financing options for the project:

1. Municipal Lease w/ a 20-year term;

2. Municipal Lease w/ a 10-year term (appendix);

1. Municipal Lease w/ a 15-year term (appendix);

1. General Obligation Bond w/ a 15-year term (appendix).

Project Sites: 13 municipally-owned facilities throughout Cleveland Heights Total Project Cost: $4,814,596 Utility Rebates*: ($0) Net Cost: $4,814,596 First Year Energy Savings: $316,479 First Year Maintenance Savings:

Spectrum & Evergreen: $88,516 COSE: not included

Net Benefit Over 20 Years: $1,719,903 * Ohio SB 310 (2014) has resulted in halting most utility-provided energy efficiency rebates

PROJECT AT A GLANCE: (All figures approximate)

10 © 2016 Eutectics™ Consulting LLC, all rights reserved

Page 15: Tanisha R. Briley, City Manager DATE - Cleveland Heights

METHODOLOGY In September 2015, Cleveland Heights requested Clean Energy Financing Hub assistance in procuring energy audits across City facilities, and to identify responsible financing options enabling the City to implement cost-effective energy efficiency and deferred maintenance measures. The Hub secured no-cost energy audits from the Council of Small Enterprises (COSE) for 10 City facilities. Further, the Hub secured a proposal from Spectrum Energy for the 3 larger City facilities, including Spectrum’s agreement to defer invoicing for its services so as to minimize risk and cash-flow exposure for the City. The Spectrum contract was executed in late December 2015. Cleveland Heights concurrently contracted with Evergreen Energy for an outdoor area LED lighting retrofit project. The 5-site project is under construction, as of June 2016, and under consideration for inclusion into the financing of the overall energy efficiency and deferred maintenance measures identified by COSE and Spectrum.

11 © 2016 Eutectics™ Consulting LLC, all rights reserved

Page 16: Tanisha R. Briley, City Manager DATE - Cleveland Heights

METHODOLOGY CONTINUED

During January to early April 2016, Spectrum Energy and COSE completed their audits of 13 City facilities. Spectrum and COSE included deferred maintenance items (including roof replacements and heating and cooling measures), and cost-effective energy savings measures (including LED lighting and control system implementation). In April and May 2016, Spectrum Energy worked with Cleveland Heights representatives to identify which of the recommended measures to pursue. The Hub has incorporated the selected measures in a fiscally-responsible project package, with the additional benefit of shifting deferred maintenance items from the traditional capital expenditure budget to a tax-exempt lease purchase mechanism, which is classified as exempt from debt classification under Ohio law. Spectrum Energy initially identified potential capital expenditure budget savings of $2,489,303 over the next 5 years, thanks to the Hub financing recommendation.

12 © 2016 Eutectics™ Consulting LLC, all rights reserved

Page 17: Tanisha R. Briley, City Manager DATE - Cleveland Heights

CITY HALL

© 2016 Eutectics™ Consulting LLC, all rights reserved

13

CITY HALL ELECTRICAL SAVINGS

GAS SAVINGSWATER

SAVINGSMAINTENANCE

SAVINGSTOTAL ANNUAL SAVINGS

LIGHTING - RETROFIT AND CONTROLS 18,708$ 1,728$ 82,595$ 20,436$ WINDOW FILM 12,700$ 501$ 62,737$ 13,201$ WATER CONSERVATION 3,860$ 2,668$ 3,860$ DDC BAS CONTROLS 12,530$ 1,853$ 86,300$ 14,383$

SUB TOTAL 43,938$ 2,354$ 3,860$ 1,728$ 234,300$ 51,880$

Roof - Repair / Restoration 7,833$ 235,000$ 7,833$ Boilers 535$ 2,890$ 1,980$ 192,000$ 5,405$ HVAC: 1 RTU, 3 Split AHUs 1,910$ 836$ 3,780$ 150,000$ 6,526$

CAPEX SUB TOTAL 2,445$ 3,726$ -$ 13,593$ 577,000$ 19,764$

ROI AND CAPEX 46,383$ 6,080$ 3,860$ 15,321$ 811,300$ 71,644$

Page 18: Tanisha R. Briley, City Manager DATE - Cleveland Heights

COMMUNITY CENTER

© 2016 Eutectics™ Consulting LLC, all rights reserved

14

COMMUNITY CENTER ELECTRICAL SAVINGS

GAS SAVINGS Water SavingsMaintenance

SavingsTOTAL SAVINGS

LIGHTING retrofit and controls 9,428$ 46,046$ 9,428$ WATER CONSERVATION 4,235$ 7,014$ 4,235$ DDC BAS CONTROLS 32,100$ 3,117$ 211,300$ 35,217$

SUB TOTAL 41,528$ 3,117$ 4,235$ 264,360$ 48,880$

Roof - repairs 23,333$ 700,000$ 23,333$ Boilers - south rink /maintenance 840$ 10,600$ 212,000$ 11,440$ Boilers - field house ? 1,110$ 9,600$ 192,000$ 10,710$ HVAC: 9 spit AHUs , 2 RTUs 54,236$ 11,230$ 1,198,000$ 65,466$ Domestic water heating & storage 463$ 1,500$ 20,000$ 1,963$

CAPEX SUB TOTAL 54,236$ 2,413$ 56,263$ 2,322,000$ 112,912$

ROI AND CAPEX 95,764$ 5,530$ 4,235$ 56,263$ 2,586,360$ 161,792$

Page 19: Tanisha R. Briley, City Manager DATE - Cleveland Heights

SERVICE GARAGE

© 2016 Eutectics™ Consulting LLC, all rights reserved

15

SERVICE GARAGEELECTRICAL

SAVINGSGAS SAVINGS

WATER SAVINGS

MAINTENANCE SAVINGS TOTAL SAVINGS

LIGHTING retrofit and controls 6,441$ 264$ 33,527$ 6,705$ WATER CONSERVATION 2,567$ 3,267$ 2,567$ DDC BAS CONTROLS 7,553$ 1,161$ 400$ 72,900$ 9,114$ SUB TOTAL 13,994$ 1,161$ 2,567$ 664$ 109,694$ 18,386$

ROOF - repair 133$ 3,700$ 115,000$ 3,833$ Boilers (2) 384$ 1,860$ 176,000$ 2,244$ HVAC: 1 RTU, 1 split AHU 241$ 1,191$ 512$ 35,000$ 1,944$

CAPEX SUB TOTAL 758$ 1,191$ 6,072$ 326,000$ 8,021$

ROI AND CAPEX 14,752$ 2,352$ 2,567$ 6,736$ 435,694$ 26,407$

Page 20: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ENERGY CONSERVATION MEASURE SUMMARIES

© 2016 Eutectics™ Consulting LLC, all rights reserved

16

COSE-Audited Buildings

Spectrum Energy-Audited Buildings

ENERGY CONSERVATION MEASURE TOTALS

Page 21: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ENERGY CONSERVATION MEASURE SUMMARIES

© 2016 Eutectics™ Consulting LLC, all rights reserved

17

Evergreen Energy-Audited Buildings

ENERGY CONSERVATION MEASURE STUDIES CONT’D

Page 22: Tanisha R. Briley, City Manager DATE - Cleveland Heights

FINANCING RECOMMENDATION

Eutectics™ recommends a 20-year Tax-Exempt Municipal Lease as the strongest options for Cleveland Heights. The project will allow for the inclusion of numerous energy savings and deferred maintenance measures to be addressed, and be cash-flow positive relatively quickly. Other options were also analyzed; the 20-year Tax-Exempt Municipal Lease provided the most immediate positive cash flow impact. Eutectics has provided conservative financing estimates herein based upon indicative terms from interested capital providers, with projected quarterly payments for the 20-year Municipal Lease of $88,120.03, and projected first-year quarterly average savings of $101,248.86. Eutectics projects the 20-year lease option will result in $1,719,903 in net savings to Cleveland Heights over the total 20-year useful life of the project. We project that the project will be Day One cash-flow positive. Additional net benefit is likely when full maintenance savings are included.

18 © 2016 Eutectics™ Consulting LLC, all rights reserved

Page 23: Tanisha R. Briley, City Manager DATE - Cleveland Heights

DETAILED PROJECT COST ANALYSIS All fees below are included in the total financed project amount. Hub fee Equals $92,071. As outlined previously, the Hub fee is 2% of project amount. The Hub fee was applied only to the total project installation cost amount of $4,610,247. Pricing for Evergreen measures already include the 2% Hub fee.

Energy Audit Equals $27,300. Spectrum Energy performed a detailed engineering analysis and agreed to defer their cost until project implementation.

Project Development & Management Estimated $47,000. Spectrum Energy will help in creating the RFP; handling the bidding process and conducting pre-bid walkthrough in conjunction with the City; developing the bid criteria; interviewing bidders; helping the City negotiate with the bidder(s); providing project management oversight during the construction period; close out supervision of the commissioning process performed by the successful contractor; and general role as City advisor.

Energy Savings Warranty (ESW) Equals $37,978. ESW costs are 3-5% of the total savings amount to guaranteed, per year. The Hub has assumed a 3-year ESW contract, though the maximum is 10 years. ESW fees for the full term must be paid at project inception.

19 © 2016 Eutectics™ Consulting LLC, all rights reserved

Page 24: Tanisha R. Briley, City Manager DATE - Cleveland Heights

OTHER KEY ITEMS

Rooftop Solar Potential Cleveland Heights expressed interest in rooftop solar PV. The Hub Solar Financing Program is actively moving forward and Cleveland Heights will be given the opportunity to participate. The financing structure, interested finance partners and tax benefits associated with efficiency projects versus solar projects are different. Thus, the efficiency project and the solar project must be separate projects from the perspective of financing and legal instruments. However, the energy efficiency and rooftop solar projects can proceed together in all practical terms. At Cleveland Heights’ request, the Hub will provide a solar project development timeline and further details, including associated cash flows and other financial projections.

20 © 2016 Eutectics™ Consulting LLC, all rights reserved

Page 25: Tanisha R. Briley, City Manager DATE - Cleveland Heights

TAX-EXEMPT MUNICIPAL LEASE How does the Municipal Lease work?

1. The Local Government authorizes the Contractor or Engineering Firm to do an efficiency audit.

1. The Contractor works with the Local Government

to apply for applicable incentives and/or grants. 1. Eutectics™ works with the Local Government to

secure a Municipal Lease from a prequalified Municipal Leasing Partner.

1. The Contractor installs the efficiency measures. 1. The implemented measures save energy and reduce

energy and operational expenses, and the Local Government makes lease payments to the Finance Partner.

The Tax-Exempt Municipal Lease was developed to allow the public sector to acquire cost-effective essential equipment at a moderate cost. Eutectics’ leasing partners typically structure the lease as annual appropriation leases, allowing local governments to acquire essential equipment at implied interest rates comparable to tax-exempt municipal bonds, but without the significant transaction costs. Benefits to Municipalities: • The Municipal Lease leverages tax-exempt status to significantly reduce financing

rates. • No money down (100% project financing) and fast payback. • Annual appropriation lease can be “off-balance-sheet”. • The Municipal Lease is paid off quickly, and the building owner captures

production benefits for many years thereafter.

21 © 2016 Eutectics™ Consulting LLC, all rights reserved

Page 26: Tanisha R. Briley, City Manager DATE - Cleveland Heights

FREQUENTLY ASKED QUESTIONS—MUNICIPAL LEASES

22 © 2016 Eutectics™ Consulting LLC, all rights reserved

Q: Is a municipal lease considered part of operations or a component of the General Obligations budget? A: Municipal leases are not General Obligation debt, as they are cancellable annually in the event of non-appropriation. Q: Why are municipal leases often exempt from the bid process? A: Bid requirements differ by municipality and from state to state. However, the financing is cancellable for non-appropriation. Q: What is a non-appropriation clause? A: A non-appropriation clause enables the lessee to terminate the lease agreement at the end of the appropriation period without further obligation or penalty. The non-appropriation clause enables the lessee to account for the lease obligation as a current expense instead of debt. The lessor will typically hold a lien against leased equipment for the term of the lease. Q: Why is the equivalent interest rate different from our bond rate? A: Interest rates are purposely very conservative. The methodology used involved reviewing municipal bond ratings, sourcing current rates from the Bond Buyer MMD, and adding 0.25% to the rate.

Page 27: Tanisha R. Briley, City Manager DATE - Cleveland Heights

20-YEAR MUNICIPAL LEASE CASH FLOW

© 2016 Eutectics™ Consulting LLC, all rights reserved

23

Page 28: Tanisha R. Briley, City Manager DATE - Cleveland Heights

20-YEAR MUNICIPAL LEASE REPAYMENT SCHEDULE

© 2016 Eutectics™ Consulting LLC, all rights reserved

24

Page 29: Tanisha R. Briley, City Manager DATE - Cleveland Heights

DISCLAIMER OF SECURITIES ADVISOR ROLE

© 2016 Eutectics™ Consulting LLC, all rights reserved

25

Cuyahoga County has contracted with Eutectics Consulting LLC to act as the Clean Energy Financing Hub finance facilitator and overall project manager. Consistent with the Securities and Exchange Commission Release 34-70462 (Sept. 2013) and the exemption provided by 17 CFR §240.15Ba1-1(d)(3)(vi), Eutectics is not a registered municipal advisor and is not subject to the fiduciary duty in Section 15B(c)(1) of the Securities Exchange Act with respect to municipal financial products or the issuance of municipal securities. Eutectics is not currently, and has not been for at least two years, associated with any independent registered municipal advisor that may provide advice to the City of Cleveland Heights or any other person relying on this exemption under the Rule. The SEC adopted this Rule because “the Commission believes it is appropriate to allow municipal entities and obligated persons to receive as much advice and information as possible from a variety of sources, even if the providers of such advice are not subject to a fiduciary duty.” (SEC Release 34-70462)

Page 30: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Next Steps • Request permission to advertise Request

for Proposals (RFP) – August 1st • Select a qualified firm

– Finalize cost and financing – Guarantee

• Implement projects • Solar feasibility analysis in progress

Page 31: Tanisha R. Briley, City Manager DATE - Cleveland Heights

APPENDIX

27 © 2016 Eutectics™ Consulting LLC, all rights reserved

Page 32: Tanisha R. Briley, City Manager DATE - Cleveland Heights

10-YEAR MUNICIPAL LEASE CASH FLOW

© 2016 Eutectics™ Consulting LLC, all rights reserved

28

Page 33: Tanisha R. Briley, City Manager DATE - Cleveland Heights

10-YEAR MUNICIPAL LEASE REPAYMENT SCHEDULE

© 2016 Eutectics™ Consulting LLC, all rights reserved

29

Page 34: Tanisha R. Briley, City Manager DATE - Cleveland Heights

15-YEAR MUNICIPAL LEASE CASH FLOW

© 2016 Eutectics™ Consulting LLC, all rights reserved

30

Page 35: Tanisha R. Briley, City Manager DATE - Cleveland Heights

15-YEAR MUNICIPAL LEASE REPAYMENT SCHEDULE

© 2016 Eutectics™ Consulting LLC, all rights reserved

31

Page 36: Tanisha R. Briley, City Manager DATE - Cleveland Heights

15-YEAR G.O. DEBT CASH FLOW

© 2016 Eutectics™ Consulting LLC, all rights reserved

32

Page 37: Tanisha R. Briley, City Manager DATE - Cleveland Heights

15-YEAR G.O. DEBT AMORTIZATION SCHEDULE

© 2016 Eutectics™ Consulting LLC, all rights reserved

33

Page 38: Tanisha R. Briley, City Manager DATE - Cleveland Heights

CASH FLOW ANALYSIS ANNOTATION (NOT ALL TERMS MAY APPLY TO THIS PROJECT) ECM “Energy Conservation Measure” - the recommended upgrade, repair or deferred maintenance item from the 2011 Municipal Energy Program audit. Energy Savings $ / Yr The originally-identified 1st year energy savings from the 2011 Municipal Energy Program audit. Energy Cost Inflator Eutectics™ assumes a conservative 3% annual increase in utility rates for customers, derived from historic utility rates. Eutectics™ continues to monitor proposed and approved rate increases by all utility providers in Cuyahoga County to ensure a conservative estimate for energy cost inflation going forward. Project Cost The originally-identified cost for the recommended measure, or total project, derived from the 2011 Municipal Energy Program audit. Rebate Where applicable, this is the engineering estimate for the available rebate, often paid by the utility. Ohio SB 310 (2014) has caused most utilities to reduce or eliminate their efficiency rebate offerings for at least two years. Projects implemented today will need to confirm rebates on a case-by-case basis. Operations & Maintenance Savings Many recommended measures will save not only electricity, but also reduce the required operations and maintenance costs associated with the measure. The operations and maintenance savings were calculated by the engineering firm in some, but not all cases. Financing Origination The financed amount, equal to the installation cost of the project. Projects can be financed up to 100% of the total project cost.

34 © 2016 Eutectics™ Consulting LLC, all rights reserved

Page 39: Tanisha R. Briley, City Manager DATE - Cleveland Heights

CASH FLOW ANALYSIS ANNOTATION Financing Repayment The estimated amount required to repay the Financing Origination amount, on a stated monthly or annual basis. Financing repayment amounts include expected interest. Annual Expenditures The total amount spent for one specific year, often the simple total of all cumulative financing repayment amounts. Cumulative Expenditures The total amount spent from project inception through that specific year. Energy Savings The amount calculated by the engineering experts, based upon expected reduction in energy usage multiplied times applicable usage costs. Annual Income The total amount of revenue for that particular year, including energy savings, rebates, and operations and maintenance savings. Cumulative Income The total amount of revenue from project inception through that specific year. Annual Net Nominal The total net savings for that specific year, calculated as annual income, less annual expenditures. Cumulative Net Nominal The total net savings from project inception through that specific year, calculated as cumulative income, less cumulative expenditures.

35 © 2016 Eutectics™ Consulting LLC, all rights reserved

Page 40: Tanisha R. Briley, City Manager DATE - Cleveland Heights

To: Tanisha Briley, City Manager From: Joseph P. McRae, Parks and Recreation Director Subject: Parks and Recreation Fee Legislation Date: January 6, 2017 Recommendation: Staff recommends the City Council approve the attached legislation, amending the use regulations and rates for admission and other services for the Cleveland Heights Community Center, city parks, Cumberland Pool and Cain Park for the 2017 calendar year. Background

• Prior to this year, staff would request that City Council approve three separate ordinances to cover all parks and recreation use regulations and program fees. These ordinances were submitted for approval at different times of the year. In an effort to be more concise and efficient, staff has reformatted and combined the previous three ordinances into two ordinances, with each ordinance taking effect for a calendar year. The format has been changed to list the fees in a chart form for ease of use and reference similar to other communities. It is important to note that most of the fees are remaining flat at 2016 levels. A summary of recommended changes is included below.

Please find attached the following documents including a list of recommended changes:

• General Recreation Ordinance - lists all the fees and regulations for the Cleveland Heights Community Center, city parks, and Cumberland Pool. All fees are recommended to remain flat with the exception of those listed below.

Proposed New Fees: o Open Gym Fee - Staff is recommending the establishment of an Open Gym fee

which would charge $3 for residents with a valid Recreation ID Card, and $5 for a guest of a resident with a valid recreation ID Card. Each resident would still be limited to only 2 guests. This use policy is currently in place. The only recommended change is offering a slightly reduced price ( the $6 fee for residents and $8 fee for non-residents to access the fitness center/Fieldhouse) to make it more affordable for kids age 12 and younger to participate during open gym times only.

o Senior Center Membership Card Fee – In 2014, the City commissioned a feasibility study from the Novak group. The study conducted an analysis of City

Memorandum

Page 41: Tanisha R. Briley, City Manager DATE - Cleveland Heights

recreation activities and made recommendations for improvements. Recommendation 112 recommended that the City consider increasing revenues for the senior center by charging a nominal $5 annual membership fee for access. In the proposed legislation, staff has recommended a new $5 membership fee for residents, and a $10 membership fee for the limited number of University Heights residents (not more than 100) that could utilize the senior center via the pilot program established in 2015.

• Cain Park Ordinance - lists all the fees and use regulations specific to the summer

operation of Cain Park. At this point, there are no recommended changes.

Page 42: Tanisha R. Briley, City Manager DATE - Cleveland Heights

City of Cleveland Heights, LETTERHEAD January 17, 2017 Mr. Jeffrey A. Evans Evans Energy, LLC 1785 S. Metro Pkwy Centerville, OH 45459 Subject: Letter of Intent Gentlemen: It is the intent of the City of Cleveland Heights (the “City”) to enter into a contract with Evans Energy for the scope of work identified in the energy conservation project request for proposal, pending final review and approval by City Council. The City recognizes that this project will result in increased energy efficiency, equipment reliability and reduced energy cost. Furthermore, the City understands that the guaranteed savings will fund this project. In the event that contract negotiations do not result in a binding contract, as determined within the City’s sole discretion, on or before March 17, 2017 (“Contract Deadline”), the City agrees to reimburse Evans Energy for engineering services incurred by Evans Energy after January 17, 2017 up to a maximum amount of $20,000. Reimbursement shall be made only upon proof of performance and payment made by Evans Energy for engineering services satisfactory to the City in its sole discretion. Notwithstanding the above, the City shall not be liable for reimbursement of engineering services in the event that, as determined within the City’s sole discretion, the reason for the failure to reach a binding contract by the Contract Deadline is that the contract terms are not financially advantageous to the City or that the failure was through no fault of the City. Sincerely, Ms. Tanisha Briley, City Manager City of Cleveland Heights

Page 43: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Committee of the Whole

January 17, 2017 Agenda

1. Mayor’s Report

2. Staff Updates

3. Legislation Overview

4. Date Selection for Joint City/School Board Meeting

5. Executive Session: 1) To discuss, with an attorney for the public body, claims or disputes involving the public body that, in the judgment of such attorney, appear likely to be the subject of a future claim; 2) To consider the appointment of a public official

Page 44: Tanisha R. Briley, City Manager DATE - Cleveland Heights

TO: TANISHA R. BRILEY, CITY MANAGER

FROM: SUSANNA NIERMANN O’NEIL, ASSISTANT CITY MANAGER

RE: COMMUNITY OUTREACH UPDATE

DATE: JANUARY 13, 2017

COMMUNITY RELATIONS:

• The Martin Luther King Jr. celebration went well. The event will begin being broadcast on Channel 20 and be available on You Tube early next week. Certificates of the winners who could not attend were forwarded to their respective schools. The winning posters will be displayed on the second floor of City Hall during February for Black History month.

• A Proclamation from Council was prepared honoring the life of Inez Everett. She was a long time resident (40+ years) who lived in the Forest Hill neighborhood. She passed away this week.

SOCIAL MEDIA:

• Photos of the MLK celebration are posted on Facebook. The group photo will appear in the Spring Focus . The Community Improvement Award winners from the Fall event will also be featured.

• A reminder of delayed trash pickup next week due to the MLK holiday is on the homepage and Facebook. It will also go out in today’s email blast.

PUBLIC RELATIONS:

• The Frequently asked Questions flyer regarding the water transition is at the printer and the mailing will go out next week. It is going to all households and businesses. The flyer will also go out in an email blast.

• An ad announcing the Democracy Day hearing scheduled for Wednesday January 25th at 7:00pm will appear in the Sun Press on Thursday January 19th. The hearing is also posted on the City’s web calendar.

Page 45: Tanisha R. Briley, City Manager DATE - Cleveland Heights

To: Tanisha Briley-City Manager From: Alex Mannarino-Director of Public Works Date: January 13, 2017 Re: Weekly Update

Cedar Road Resurfacing/Cedar-Fairmount Streetscape Contracts have been delivered to the contractor to be executed. Lee Road Streetscape Crews have been out hanging signal heads on the traffic signal mast arms. There have been no major setbacks. Construction Project Updates Mayfield Signalization There are nine parcels that require right-of-way acquisition. My office has been in contact with an appraiser at C.P. Braman & Co., Inc. to conduct an independent review of the appraisals being conducted by O.R. Colan (a subcontractor working for GPD Group). This review is required under Federal Law for any projects that receive Federal Funds. Dominion East Ohio Work is finishing up on PIR 2593 on Lee Road between Euclid Heights Blvd. and Superior. Engineers for Dominion are currently working on finalizing the design of an accelerated gas line project on Cedar Road. Service Department All operations continue as normal.

Page 46: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Date: January 13, 2017 To: Tanisha Briley, City Manager From: Collette Clinkscale, Utilities Commissioner Subject: Utilities Department Weekly Update Assist Cleveland Water

• Repaired water main break at 3626 Stoneleigh • Repaired water main break at 2170 Delaware • Repaired connection leak at 2350 North Taylor • Dug up, repaired and turned off 1716 Lee Road (busted pipes) • Dug up and repaired 3637 Shannon – Resident repairs • Dug up and turned off 2256 Rexwood • Updated the last 50 transponders • Submitted final EPA monthly operating report

Sewer

• Ran sewer machine on Oakridge • Checked Overflows due to significant rain • Prepped and repaired 2 catch basins on Northampton and Cambridge • Jetted laterals at several locations due to significant rain • Responded to roadway flooding complaints

Other

• The water department is in the process of preparing final billing. Final Bills will be mailed over the weekend.

• Misc. meetings o City Council o Law Dept. o CWD Transition Team (CC&B) o Planning

Page 47: Tanisha R. Briley, City Manager DATE - Cleveland Heights

MEMORANDUM To: Tanisha Briley, City Manager

From: Richard Wong, Planning Director Date: January 13, 2017 Subject: Weekly Update Planning Commission

Members approved Hebrew Academy’s lot joining for the final two Oakwood Drive homes whose yard depth will be increased by no less than 170’. The elementary school’s west lot line will be straight across all ten homeowners’ backyards thanks to unanimous agreement to purchase that Oakwood land. No neighborhood opposition was received.

Tim Boland and Brian Anderson did a great job describing their economic development work and upcoming initiatives. The Commission’s interest and engagement in the presentation was evident by the follow-up questions and discussion that occurred. Transportation Planning Activities

Last year, staff had applied for a $100,000 NOACA grant to rebuild this busy intersection. The conceptual design by City Architecture and Baker Engineers would provide benefits to bicyclists, pedestrians and motorists. In December, NOACA approved the request and now staff is developing the engineering plans.

Plans are likewise being prepared to paint a buffer (photo shows proposed buffer) to North Park’s bike lanes. Funded from a $30,000 NOACA grant, the buffer adds several feet of distance between the motorists’ lane and the bike lane. This will further discourage passing and speeding.

In 2017, Cleveland Heights is part of a request to NOACA to fund the second phase of a bike sharing

system that will primarily serve downtown and University Circle. Also, NOACA staff will be analyzing on-street parking and lane striping that was first proposed in the 2014 Cedar Taylor district improvement plan.

Page 48: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 13, 2017

Cleveland Heights Economic Development To: City Manager Tanisha Briley From: Director Tim Boland Subject: Activities Report – January 13, 2017

Activities and Initiatives:

1. Economic Development Update to Planning Commission:

The ED staff provided an economic update to the Planning Commission at their meeting on

Wednesday, January 11, 2017. This presentation will be available on the City’s Economic

Development webpage.

At this time, the presentation can be viewed at:

http://files.constantcontact.com/d902fc2b301/aea23c5b-6bc3-4045-86a7-

77515b2bac1b.pdf?ver=1484324867000 .

I look forward to expanding on this presentation with a look back at 2016 and, more importantly, a

look forward to 2017 for Council in the near future.

2. Economic Development Advisory Committee (EDAC):

City Council’s Economic Development Advisory Committee will meet on Wednesday, January 18 at 7:00 pm in the Executive Conference room. It is anticipated that the Committee will work on their final recommendations to be presented to Council sometime in February.

Thank you,

Timothy M. Boland

Timothy M. Boland, Director

Economic Development

Page 49: Tanisha R. Briley, City Manager DATE - Cleveland Heights

To: Tanisha Briley- City Manager From: Allan Butler- Housing Programs Director Date: January 13, 2017 Re: Weekly Update

• Rental Occupancy permits have still been coming in steadily after the 1st of the year. Late fees are now being assessed to any occupancy permit received.

• Our Registration of dwelling structures by out-of-county owners has been enforced this year and with a fee of $100 per dwelling, it has produced $30,800 in new revenue.

• Total inspections conducted for 2016 were 17,393, up 5% from 2015. • We also conducted 1106 single family point of sale inspections in 2016, up 16%

from 2015. • Recent inter-department meetings with Fire, Planning, Building, and Housing

were conducted and facilitated by Susanna O’Neil and were very productive in defining process where multiple departments are involved.

• Recent meetings with Public Works and Refuse have occurred regarding the process of nuisance abatement grass cutting and trash collection. Meetings are designed to review our nuisance abatement grass cutting process to make it more efficient and review outdated refuse collection ordinances.

• There were 166 parcels that transferred title in Cleveland Hts. for December 2016. Of those 166 transfers 44 were quit claim deeds, 16 were sheriff’s sale deeds, and 65 were warranty or survivorship deeds.

Page 50: Tanisha R. Briley, City Manager DATE - Cleveland Heights

To: Tanisha Briley, City Manager From: Joseph P. McRae, Parks and Recreation Director Subject: Parks and Recreation Department Update Date: January 13, 2017 Please find a brief summary of the Parks and Recreation Department announcements and activities attached for your review: General Announcements:

• The Community Center Senior Center and Fitness Center will be closed on Monday, January 16 for MLK Day. The ice rinks will be open for a regional youth hockey tournament.

• Content for the Spring and Summer Focus Magazine is being completed with some new programs being added.

• Preparation and planning has begun for the spring special events including WOW, the Spring Egg Hunt, and the Annual Earth Day Run.

Ice Programs: • The Annual National Skating and Try Hockey For Free Day is set for January 21 from 1-

3pm at the Community Center. Admission is FREE and includes lessons and giveaways!

• Upcoming High School Hockey Games: o Friday, January 20

Heights vs Midview University School vs Walsh

o Saturday, January 21 Cleveland Heights vs Strongsville University School vs St Ignatius

o Sunday, January 22 Benedictine v Orange

Senior Center Activities for the week included:

• The Meals on Wheels group held their monthly Board meeting. • Kindred Healthcare sponsored Breakfast Bingo. • Winter sessions classes began. • Genealogy group met.

Memorandum

Page 51: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Cleveland Heights Fire DepartmentWeekly Activity Report

240Total Emergency Calls Year To Date

143Total Emergency Calls for Period

Report Date Period: 01/06/2017 - 01/13/2017

Current PeriodFire Data

Emergency Fire Run Count

Emergency Structure Fire Count

Emergency Non Structure Fire Count

Emergency Vehicle Fire Count

Total Emergency Run Count

Emergency Medical Run Count

Automobile Accident Run Count

Advanced Life Support Run Count

Basic Life Support Run Count

Total EMS Transports

Total EMS Non Transports

Emergency Medical Data

Year to Date

32 50

3 4

29 46

111 190

107 184

4 6

27 45

82 143

62 111

42 72

Current Year % of Run Count

21.85 %

78.15 %

Last Year to Date

41

1

40

164

161

3

45

119

104

47

1/13/2017Report Date Page 1 of 3RPT 4.0

Page 52: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Fire Prevention Bureau

Total Completed Fire Inspections 23 49

Current Period

Year to Date

Company Fire Inspections

Fire Prevention Fire Inspections 3 2

Fire Alarm Test Inspections

Kitchen Supression Test Inspections

Sprinkler Test Inspections

Other Inspections

Smoke Detectors Distributed

21 46

2 2

Mutual Aid Run Count to Date

SEFD A - 0SHFD A - 0ECFD A - 0UHFD A - 1

Mutual aid received

SEFD A - 0SHFD A - 1ECFD A - 5UHFD A - 0

Mutual aid given

SEFD A - 0SHFD A - 2ECFD A - 0UHFD A - 0

Automatic aid given

1/13/2017Report Date Page 2 of 3RPT 4.0

Page 53: Tanisha R. Briley, City Manager DATE - Cleveland Heights
Page 54: Tanisha R. Briley, City Manager DATE - Cleveland Heights
Page 55: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Planning Commission Actions, January 11, 2017 Page 1 of 1

CITY OF CLEVELAND HEIGHTS

ACTIONS OF THE PLANNING COMMISSION ON WEDNESDAY, JANUARY 11, 2017

_________________________________________________________________________

Proj. 17-1: Hebrew Academy of Cleveland, 1516 Warrensville Center, “AA” single-family,

requests lot resubdivision per Code chapters 1111, 1115, and 1121.

Approved, 6-0, with the condition that the resubdivision plat(s) be signed by the Director of Law and Director of Planning prior to submission to the County Recorder.

Page 56: Tanisha R. Briley, City Manager DATE - Cleveland Heights

MEMORANDUM TO: CITIZENS ADVISORY COMMITTEE (CAC) & OTHER INTERESTED PARTIES FROM: PLANNING & DEVELOPMENT DEPARTMENT DATE: JANUARY 6, 2017 SUBJECT: MEETING NOTICE AND AGENDA The regularly scheduled meeting of the CAC will be held Tuesday, January 17, 2017 at 7:30 p.m. in Executive Conference Room of City Hall, 40 Severance Circle. If you are unable to attend please call Nancy McLaughlin at 291-4845 or email [email protected] in advance of the meeting so that your absence can be recorded as being excused.

A G E N D A 1. CALL TO ORDER/ROLL CALL

2. APPROVAL OF MINUTES -November 15, 2016 3. STAFF REPORTS -Financial Statement 4. UNFINISHED BUSINESS 5. NEW BUSINESS -Review and approval of Local Definitions 6. ADJOURNMENT

Page 57: Tanisha R. Briley, City Manager DATE - Cleveland Heights

City of Cleveland Heights Citizens Advisory Committee

November 15, 2016 Executive Conference Room, Cleveland Heights City Hall

MEMBERS PRESENT David Benson Gail Larson Douglas Dykes Allison McCallum Bradley Eckert Marian Morton Dawn Ellis Donalene Poduska Cory Farmer Steve Titchenal Jonathan Goldman Sarah West Christine Henry Parker Zabell Robin Koslen MEMBERS ABSENT Vetella Camper (exc.) Amanda Shaffer (exc.) Kim DeNero-Ackroyd (exc.) Katura Simmons Menachem Lubling (exc.) Meg Vanderbilt (exc.) T. Nadas (exc.) COUNCIL PRESENT Carol Roe GUESTS PRESENT Chief Annette Mecklenburg STAFF PRESENT Nancy McLaughlin CALL TO ORDER Chairman Allison McCallum called the meeting to order. Vice Chairman Steve Titchenal called the roll; a quorum was present. PRESENTATION Chief Annette Mecklenburg spoke with CAC about the recent murder of Sunny Patel at Mr. Hero and the apprehension of the suspect within 48 hours. He has now pleaded guilty in order to avoid the death penalty. He will serve a life sentence, without parole. This was agreed to by the Patel family. As far the Chief knows, the crime was not gang related. The Police Department is meeting with businesses to discuss how to prevent crimes like this in the future. An increase in the number of surveillance cameras in business districts well as continued sharing of information with them has been discussed. All of CH uniformed police officers wear body cams and they are in the process of purchasing new ones for the department. Many cruisers are equipped with dash cams and all should have

Page 58: Tanisha R. Briley, City Manager DATE - Cleveland Heights

them within a few years. The department is down a few officers, but is in the process of hiring right now. The Chief reminded CAC that crime stats are posted on the website. Robberies and assaults are slightly up over last year. This is true in neighboring communities as well. All other crimes are down as compared to previous years. The Department has instituted many programs to get out into the community more, including the bike patrols, Meet Your Police monthly meetings, Citizens Police Academy and the Explorers group with the high school. MINUTES Minutes of the October 18, 2016 meeting were approved as presented. STAFF REPORTS Nancy McLaughlin reported that sufficient CDBG funds were expended prior to the end of October allowing us to meet our timeliness goal with HUD and avoid any penalty for this year. Nancy gave the committee an update on the status of the Commercial Loan program. She reported that all seven outstanding loans are current and being paid as agreed. Between 1994 and 2004 only four loans have had to be written off. Since that time only one has gone unpaid, due to bankruptcy being filed. All but one of the storefront loans are also current. That loan will be written off this year. The City generally uses real property as security on the loans. The City will take a second position on a property in most circumstances. Only in rare instances would we take equipment as collateral. City Council acts as loan committee on all Commercial Loans. UNFINISHED BUSINESS Nancy presented the CAC calendar for 2017 to the committee noting that the March and April meetings have been moved to the second and first Tuesdays due to the Passover holiday and trying not to have meetings too close together. Nancy thanked all members for returning the forms indicating their intent to return to CAC in 2017. At this time, all CAC members are interested in returning for 2017. Carol Roe gave an update on the city. She spoke briefly about the Top of the Hill project and the Master Plan. With no further business to discuss, the meeting was adjourned at 8:45. __________________________________ _______________________________ Allison McCallum, Chair Steve Titchenal, Vice Chair

Page 59: Tanisha R. Briley, City Manager DATE - Cleveland Heights
Page 60: Tanisha R. Briley, City Manager DATE - Cleveland Heights
Page 61: Tanisha R. Briley, City Manager DATE - Cleveland Heights
Page 62: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Page 1 of 3

AGENDA (tentative) – CLEVELAND HEIGHTS CITY COUNCIL MEETING

COUNCIL CHAMBERS

Tuesday, January 17, 2017 Cleveland Heights City Hall Regular Meeting 40 Severance Circle 7:30 p.m. Cleveland Heights, Ohio 1) Roll Call 2) Excuse absent members

3) Approval of the minutes of the regular Council meeting held on Tuesday, January 3,

2017 4) Personal communications from citizens 5) Report of the City Manager 6) Report of the Director of Finance/Clerk of Council

Notify Council that two notices have been received from the Ohio Department of Liquor Control advising that applications have been made by the following:

• Nevaeh Cuisine & Catering LLC dba The Fix Bistro & Patios, 2195-97 Lee Road, Cleveland Heights, Ohio 44118, Transfer D5 and D6 permits from 2195 Lee Road, Inc. dba The Fix Bistro & Patios, 2195-97 Lee Road, Cleveland Heights, Ohio 44118

• La Serena LLC, dba Quintanas Speakeasy, 2200 South Taylor Road, Cleveland Heights, Ohio 44118, D5 permit

Matter of Record

Refer to: Public Safety and Health Committee of Council, the City Manager, and the Director of Law

7) Committee Reports

Page 63: Tanisha R. Briley, City Manager DATE - Cleveland Heights

AGENDA (tentative) CITY OF CLEVELAND HEIGHTS TUESDAY, JANUARY 17, 2017

Page 2 of 3

a.) PUBLIC SAFETY AND HEALTH COMMITTEE

b.) ADMINISTRATIVE SERVICES COMMITTEE

c.) COMMUNITY RELATIONS AND RECREATION COMMITTEE

ORDINANCE NO. 3-2017 (CRR), First Reading. An Ordinance authorizing and approving the presentation of entertainment programs in Cain Park for the year 2017; and repealing portions of Ordinance No. 143-2015

Introduced by Council Member _______________________________________

Vote __________ ____________ _______________

For Against No. Reading

ORDINANCE NO. 4-2017 (CRR), First Reading. An Ordinance amending the use regulations and rates for admission and other services for the Cleveland Heights Community Center, city parks, and Cumberland Pool for the 2017 winter, spring and summer seasons, and repealing Ordinance Nos. 95-2015, 142-2015, and sections of Ordinance No. 143-2015

Introduced by Council Member _______________________________________

Vote __________ ____________ _______________

For Against No. Reading

d.) FINANCE COMMITTEE e.) MUNICIPAL SERVICES COMMITTEE

RESOLUTION NO. 5-2017 (MS). A Resolution authorizing the City Manager to enter into an agreement with the County of Cuyahoga to perform certain services to help maintain the City’s sanitary and storm sewers

Introduced by Council Member _______________________________________

Vote __________ ____________ _______________

For Against No. Reading

Page 64: Tanisha R. Briley, City Manager DATE - Cleveland Heights

AGENDA (tentative) CITY OF CLEVELAND HEIGHTS TUESDAY, JANUARY 17, 2017

Page 3 of 3

RESOLUTION NO. 6-2017 (MS). A Resolution authorizing the City Manager to execute a Letter of Intent with Evans Energy

Introduced by Council Member _______________________________________

Vote __________ ____________ _______________

For Against No. Reading

f.) PLANNING AND DEVELOPMENT COMMITTEE

8) Mayor’s Report 9) Adjournment (Council members and staff will stay following adjournment to discuss questions informally with citizens.) NEXT MEETING OF COUNCIL: MONDAY, FEBRUARY 6, 2017

Page 65: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Proposed: 1/17/2017 ORDINANCE NO. 3-2017 (CRR), First Reading By Council Member An Ordinance authorizing and approving the presentation of entertainment programs in Cain Park for the year 2017; and repealing portions of Ordinance No. 143-2015. WHEREAS, this Council annually reviews its use and rentals of the theatres in Cain Park; and WHEREAS, the City Manager recommends the use and rentals set forth herein. BE IT ORDAINED by the Council of the City of Cleveland Heights, Ohio that: SECTION 1. The City of Cleveland Heights shall sponsor and present in Cain Park and other locations to be determined, through the spring and summer of 2017, a program of entertainment in general accordance with plans therefor previously adopted by the City Manager and the Community Relations and Recreation Committee of Council. SECTION 2. Stage productions will be presented in Cain Park. Admission charges for these productions will not exceed One Hundred Twenty Five Dollars ($125.00). Rates will be gradated according to seat location, with the designations subject to approval by the City Manager. Groups of twenty (20) or more may purchase tickets at a discount rate subject to the approval of the City Manager. Musical concerts will be presented at times scheduled by the City Manager. Such programs may or may not be co-produced with an outside agency as deemed fit by the City Manager. Special arrangements may be made for ticket prices not to exceed One Hundred Twenty Five Dollars ($125.00), with the proceeds of the box office split per a contractual agreement approved by the Director of Law to accommodate costs of the concert. SECTION 3. One or more plays (musicals) may be presented at times scheduled and at the theaters designated by the City Manager. The City's share in the cost of such programs is hereby approved and such expenditure authorized in an amount not to exceed Eighty Thousand Dollars ($80,000.00) per contract. The City Manager is hereby authorized and directed to enter into any and all agreements necessary for the presentation of summer concert and other non-theatrical programs at Cain Park, in an amount not to exceed Eighty Thousand Dollars ($80,000.00) for the City’s share in any such contract. All agreements shall be in a form approved by the Director of Law. To the extent possible, monies to pay for the aforesaid contracts shall be taken from the Cain Park Operating Fund and monies derived from Cain Park activities shall be placed in the Cain Park Operating Fund.

Page 66: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 3-2017 (CRR)

2

SECTION 4. (a) Such other programs and activities shall be presented as are approved by the City Manager and as are within the concept of the general program approved by the Community Relations and Recreation Committee of Council. Fees may be established by the City Manager to defray the cost of these new programs. Special promotions which reduce or eliminate ticket prices in exchange for media time, print advertising or other publicity may be arranged as approved by the City Manager. (b) Except as otherwise provided herein, when any class or activity is offered which requires the use of materials to be furnished to the participant, the City Manager is authorized to establish a fee based upon actual costs, which shall be paid by each person at the time of registering for such activity. (c) Special benefit performances either at Cain Park or elsewhere may be presented for the purpose of offsetting programs deemed appropriate by the City Manager with ticket prices not to exceed the sum of One Hundred Twenty Five Dollars ($125.00). These arrangements will be made as deemed appropriate by the City Manager. SECTION 5. (a) In the event that it should become necessary, in the judgment of the City Manager, at any time to limit the number of persons in attendance at any concert, dance or other activity to which the public would otherwise be generally admitted, the City Manager is hereby authorized to establish and place in effect such regulations and restrictions as she may deem necessary for such activities to protect the safety and welfare of the public grounds, the community in general, and members of the public at large. (b) Such regulations may include, but are not limited to, advance or on-the-spot limitation of admissions, including closing-off of admission, and may also include a requirement that admission be limited to persons who are bona fide residents of Cleveland Heights and are authorized holders of a proper Recreation I.D. Card issued by the City of Cleveland Heights, and such number of guests accompanied by such Cardholder as the City Manager shall establish. (c) In the event that the City Manager shall determine, in her sole discretion, that the conduct of a given program, or a portion of the program, would endanger the safety and welfare of the public, then she shall have the authority to cancel any program and, at the earliest time possible, to give, by appropriate means, notice to persons wishing to participate in such activity of the fact that the program or activity has been canceled. (d) Notwithstanding any other provision, the City Manager is hereby vested with authority to transfer the conduct of any portion of the summer program for the year 2017 to another facility in order to insure the safety and/or convenience of the general public. At such time, the City Manager shall, by appropriate means, advise persons wishing to participate in such activities of the change of location. SECTION 6. Ordinance No. 143-2015, passed by Council on December 21, 2015, is hereby repealed to the extent inconsistent herewith.

Page 67: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 3-2017 (CRR)

3

SECTION 7. Notice of the passage of this Ordinance shall be given by publishing the title and abstract of its contents, prepared by the Director of Law, once in one newspaper of general circulation in the City of Cleveland Heights. SECTION 8. This Ordinance shall take effect and be in force at the earliest time possible permitted by law.

_______________________________ CHERYL L. STEPHENS, Mayor

President of the Council

_________________________________

TOM RAGUZ Clerk of Council PASSED:

Page 68: Tanisha R. Briley, City Manager DATE - Cleveland Heights

1

Proposed: 1/17/2017

ORDINANCE NO. 4-2017 (CRR), First Reading

By Council Member

An Ordinance amending the use regulations and rates for admission and other services for the Cleveland Heights Community Center, city parks, and Cumberland Pool for the 2017 winter, spring and summer seasons, and repealing Ordinance Nos. 95-2015, 142-2015, and sections of Ordinance No. 143-2015.

WHEREAS, the City of Cleveland Heights annually reviews its use regulations and rates for admission and other services for its Community Center, city parks, and Cumberland Pool; and

WHEREAS, the City Manager recommends the use regulations and rates set forth herein.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Cleveland Heights, Ohio, that:

SECTION 1. For the purposes of this Ordinance, the following definitions apply: “Adult” shall mean a person age 25 through age 59; and “Child” shall mean a person age 5 through age 11; and “Family” shall mean legal guardian(s), such as a parent, and their Preschooler, Children, or

Youths; and “Guest” shall mean a person who accompanies a Resident with a current Recreation ID

card & annual or monthly pass to Fitness Center or Open Court at Gyms; and “Non-resident,” except where otherwise noted, shall mean any person who does not have

two forms of legal documentation (driver’s license, utility bill, library card etc.) to verify their Cleveland Heights address; and

“Preschooler” shall mean a person age 4 or younger; and “Qualified Non-Resident” shall mean a person who meets one of the following criteria: (1.)

resides within the Cleveland Heights - University Heights School District boundaries; (2) resides in the City of University Heights; (3) has a Child or Youth participating in a Community Center program; or (4) is employed within the boundaries of the City of Cleveland Heights. Residency shall be demonstrated with two forms of legal documentation (driver’s license, utility bill, library card etc.). Employment shall be demonstrated by a paystub or a letter from an employer. A

Page 69: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

2

Qualified Non-Resident who meets criteria Nos. 1-3 may only purchase passes for his or herself. A Qualified Non-Resident who meets criteria No. 4 may also purchase passes for his or her family; and

“Recreation I.D. Card” shall mean the card purchased annually by Cleveland Heights

resident to be entitled to residential fees; and “Resident” shall mean any person with two forms of legal documentation (driver’s

license, utility bill, library card etc.) to verify their Cleveland Heights address; and “Resident Team” shall mean a team composed of at least sixty percent (60%) Cleveland

Heights residents who are entitled to resident rates; “Senior” shall mean a person age 60 or older; “Young Adult” shall mean a person age 19 through age 24; and “Youth” shall mean a person age 12 through age 18. SECTION 2. The following fees or rates for admission and other services for the City’s

Community Center, city parks, and Cumberland Pool shall apply for the calendar year 2017. Please note that Resident rates apply to Residents that obtain a Recreation ID card. Patrons without the Recreation ID card will be subject to Non-Resident rates, where permitted. GENERAL

Fee or Rate

Recreation ID card $5.00 Replacement ID card or pass (individual or family) $6.00 Late registration fee $2.00

FITNESS CENTER & GYMS (FIELDHOUSE)

Fee or Rate

Annual Passes for Residents – 12 month pass from date of purchase Child $84.00 Youth $110.00 Young adults $180.00 Adults $220.00 Senior $115.00 Families $345.00

Page 70: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

3

Annual Passes for Qualified Non-Residents – 12 month pass from date of purchase

Child $126.00 Youth $165.00 Young Adult $248.00 Adult $299.00 Senior $173.00 Families $499.00

Annual Passes for City Employees (11am to 1pm use only) $5.00

30 day Passes for Residents - from date of purchase Child $10.00 Youth $18.00 Young adult $27.00 Adult $33.00 Senior $17.00 Families $55.00

30 day Passes for Non-Residents – from date of purchase Child $15.00 Youth $27.00 Young Adult $39.00 Adults $45.00 Senior $25.00 Families $79.00

Guest Admission (Limit 2 guests per resident at a time) Resident Guest – Fitness Center $6.00 Non-Resident Guest– Fitness Center $8.00 Military Guest – Fitness Center $3.00 Resident Guest - Open Gym (courts only) $3.00 Non- Resident Guest - Open Gym (courts only) $5.00

Personal Training - Specific rate for each personal trainer shall be determined the City Manager or designee based on experience and certifications of trainer. All participants must have a current fitness center pass (monthly or annual).

Individual Training Session $15-$60 10 sessions $270 - $320 Couples Training Session $20-$80

Page 71: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

4

Drop In Group Training (limit 5 per group) $4-15 1 Month of Group Training (limit 5 people per group) $30-100 3 Months of Group Training (limit 5 people per group) $75-$250 Individual, written fitness program (drafted by Personal Trainer) $60.00 1 Month of “Any Time” assistance $40.00 1 Program Package: Includes 6 individual training sessions, 1 written program, and 1 month of “any time” assistance

$225.00

ICE PROGRAMS

Fee or Rate

Skate Rental $2.00 Per Session $2.00 Book of 10 skate rental tickets $16.00

Skate Sharpening $5.00 Ice Rink Group Rental $130 - 250 per hour

Public Skating Individual admission fees per session:

Resident Preschooler Free with paying adult Resident Child or Youth $2.00 Resident Young Adult, Adult or Senior $3.00 Non-Resident $5.00 Book of 10 guest tickets $45.00

Resident Annual Ice Pass -12 month season: from date of purchase Child $84.00 Youth $110.00 Young Adults $132.00 Adults $154.00 Senior $66.00 Family Pass $275.00

Non-Resident Annual Ice Pass -12 month season: from date of purchase Child $210.00 Youth $225.00 Young Adults $250.00 Adults $325.00 Senior $150.00

Page 72: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

5

Family Pass $625.00 Private Instruction

Each 15 minutes or fraction thereof. Range varies based on experience and credentials of skating instructor

$5.50 - $16.00

Group Instruction

Resident $8.00 per 30 minutes Non-resident $10.00 per 30 minutes

United States Figure Skating Association Basic Skills Program Registration Fee – (An annual registration fee of $10.00 may be charged to group lesson participants to be registered in USFSA Basic Skills program. Price set by USFSA)

$10.00

Locker Rental:

Daily – large $0.50 Monthly – large $14.00 Annual – large $80.00 Refundable deposit on locker rentals $10.00 Lost locker key $10.00

City Freestyle Ice Rental Individual $10.00/ per hour 7 session punch card $63.00 Monthly free style pass: Resident $120.00 Non-Resident $150.00

Travel Hockey League Regular Season: Resident $240.00 Non-Resident $440.00 Travel hockey try out - non-refundable deposit $100.00

Non-Travel Youth Hockey Fees: Tot Hockey (scheduled by sessions) seven week sessions: Residents $50.00 Non-Residents $70.00

Learn to Play Hockey (half season - September to December or January to March):

Page 73: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

6

Resident $100.00 per session Non-Resident $140.00 per session

Girls Hockey Program B (March through April) Resident $45.00 Non-Resident $85.00

Hockey Equipment Rental (for the youth recreation/in-house programs only - full equipment, except for skates)

$50.00

Rates and charges for the Speed Skating Program:

Resident Lessons $11.00 per 1 hour Non-Residents Lessons $11.00 per 1 hour

Speed Skating Club Membership: Resident 10 session punch card $120.00 Non-Resident 10 session punch card $140.00

Daily Drop-in for Speed Skating: Resident $13.00 Non-Resident $15.00

Adaptive Skating: 1 lesson per week for 6 week session (resident/non-resident) $25.00 Drop in fee (resident/non-resident) $5.00

Men’s Hockey:

Resident $160.00 Non-Resident $250.00

Women’s and/or Co-ed Hockey: Resident $160.00 Non-resident $250.00

Adult Pick-up Hockey: Daytime - Admission with annual skating pass or by paying general admission rates.

Evenings $11.00 per session

Page 74: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

7

Spring Youth Hockey Program (age 3 - 18):

Resident $50.00 Qualified Non-Resident $65.00

Youth Hockey Skills clinic: Resident $50.00 Qualified Non-Resident $65.00

SPORTS PROGRAMS - YOUTH & ADULT:

Adult Basketball (Men and Women ): Resident Team $125.00 Non-Resident Team $250.00

Youth Basketball: Resident $50.00 Non-Resident $70.00

Youth Travel Basketball teams:

Resident $75.00 Non-Resident $90.00 Travel Team Uniforms additional fee $65.00

Youth Soccer (Grades K-1, 2-3, 4-6):

Resident $45.00 Non-Resident $65.00

Spring Youth Soccer (Grade K - 6): Resident $40.00 Qualified Non-Resident $60.00

Youth Flag Football (ages 5-8) Resident $45.00 Non-Resident $65.00

Summer Daytime Youth Basketball Program (K-12): Resident $50.00

Page 75: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

8

Qualified Non-Resident $70.00

Evening outdoor basketball (CH-UH grade 6-12) free

Summer Softball girls ( age 7-18 years old): Rec league (slow or fast pitch)

Resident $55.00 Qualified Non-resident $80.00

Fast Pitch Travel Teams: Resident $75.00 Qualified Non-resident $85.00

Summer Baseball (students age 4 – 18): Residents with Recreation I.D. cards:

T Birds T-Ball $65.00 Rookie League Baseball $65.00 Coach-Pitch $65.00 Kid-Pitch $85.00

Qualified Non-Residents (students age 4 – 18):

T Birds T-Ball $75.00 Rookie League Baseball $90.00 Coach-Pitch $90.00 Kid-Pitch $115.00

Summer Challenger Baseball Adaptive Program (ages 5 – 22 for mentally/ physically challenged individuals):

Resident $30.00 Qualified Non-Resident $30.00

Adult Softball (Men, Women or Co-ed, two games per week): Resident Team $650.00 Non-resident Team $800.00

Adult Softball (Men, Women or Co-ed, one game per week): Resident Team $400.00 Non-resident Team $525.00 Refundable forfeit fee charged to each team $54.00

Page 76: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

9

Tennis: Tennis court reservation $40.00 for a Season

Reservation Pass

Group Tennis Lessons: Tots (Ages 4 - 6): Resident $35.00 Non-Resident $50.00

Students (Ages 7 - 18): Resident $45.00 Non-Resident $60.00 Adults

Resident $60.00 Non-Resident $80.00 Competitive Skills Clinic for Juniors (middle school and high school age kids)

Resident $80.00 Non-Resident $110.00 Seniors Resident $35.00 Non-Resident $45.00

Private Lessons: Single Resident $19.00 per 30 minutes Non-Resident $34.00 per 30 minutes Group of Two Residents $28.00 per 30 minutes Non-Residents $45.00 per 30 minutes Group of Three Resident $37.00 per 30 minutes Non-Resident $50.00 per 30 minutes

Racquettes:

Page 77: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

10

Seniors: Resident $25.00 Non-Resident $30.00

Non-Seniors: Resident $45.00 Non-resident $60.00

GENERAL RECREATION: Arts, fitness, dance, martial arts, life enrichment, preschool

Fees shall be determined by City Manager or designee and all fees shall be paid by each registrant at the time of registration.

$0 – 180.00

SENIOR ACTIVITY CENTER PROGRAMS: Annual Membership Card Resident $5.00 Non-Resident (Limited number to University Heights residents only) $10.00 Senior Classes or Fieldtrips Fees shall be determined City Manager or designee $0 – $180.00

CUMBERLAND POOL PROGRAMS:

Season Pass: Students (Kindergarten through High School):

Before season opening date $35.00 After season opening date $45.00

Preschoolers (Must be accompanied by parent or adult with a current Recreation ID card):

Before season opening date free After season opening date free

Adults (ages 18-59): Before season opening date $49.00 After season opening date $59.00

Page 78: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

11

Adults 60 Years of Age or Older:

Before season opening date $39.00 After season opening date $49.00

Family: Before season opening date $115.00 After season opening date $135.00

Limited Non-resident Pool Pass Pilot Program - Residents receive preferred entry if capacity becomes limited

Family $172.00 Individual – Young Adult, Adult $75.00 Individual – Child, Youth $52.00 Replacement of season pass or family pass or ID card $6.00

General Pool Admission:

Preschoolers accompanied by parent or adult (w/ID card) free Child, Youth $3.00 Young Adults, Adults $4.00 Senior $3.00 Guests – Charge for Each Guest $7.00 Guests – Book of Five (5) $25.00

Private Swimming Instructions: Individual (per 30 minute session) $18.00 Group of Two (per 30 minute session) $27.00

Group Instruction – Learn-to-Swim (mornings and evenings) all sessions:

Residents: Season Pass Holder $30-40 Non-Season Pass Holder $40-50

Pool Locker Rental: Daily Locker Rental: small $0.25 Large $0.50 Seasonal Locker Rental: Small $12.00

Page 79: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

12

Large $20.00 Lost Locker Key – Replacement Charge $12.00 Refundable Key Deposit (Seasonal Rental) $12.00

Swim Team: Residents $55.00 Qualified Non-Residents $70.00 Team Registration Fee per child (Diving and Synchronized Teams-daily sessions)

$49.00

Pool Classes:

Water Aerobics (8 weeks, twice per week) $59.00 Deep Water Aerobics (8 weeks, once per week) $39.00 Life Guard and Water Safety Instructor Training $200.00

FACILITY & FIELD RENTALS: Community Center Space Rental per hour:

Small Activity Room: Resident $25.00 Non-Resident $50.00 Activity Room 1a and 1b Resident $55.00 (plus $110

refundable deposit) Non-Resident $110.00 (plus $110

refundable deposit) Activity Room 7: Resident $110.00 (plus $220

refundable deposit) Non-Resident $220.00 (plus $220

refundable deposit) North Atrium: Resident $35.00 Non-Resident $70.00

Page 80: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

13

South Atrium: Resident $35.00 Non-Resident $70.00 Senior Center Multi-purpose room Resident $150.00 (plus $300

refundable deposit) Non-Resident $300.00 (plus $300

refundable deposit) Ice Rinks (North & South – rate depends on the rink selected and preferred rental time. Rates will be higher for peak ice times)

$150-230

Summer Fieldhouse (trade show) per hour $250.00 per day $1,000.00 Indoor basketball full court $75.00 Cumberland Pool Rental: Group use rental of pool (2 hours) $350.00

Athletic Field/Court Rental (baseball, soccer & turf fields, tennis & basketball courts):

Institutional (School District, Non-Profit, Business) per hour $75 - 100 Non-Institutional per hour $50 - 75

Park Picnic Shelter Rental (Must be reserved by Cleveland Heights resident)

Fee $25.00 Refundable deposit $50.00 SECTION 3. (a) The City Manager is hereby authorized to establish additional rules and

regulations not inconsistent with the provisions of this Ordinance which she may, from time to time, deem necessary to provide for the orderly operation of the Cleveland Heights Community Center, city parks, and Cumberland Pool and the conduct and protection of the members of the general public using the same.

(b) In the event that it should become necessary, in the judgment of the City Manager,

Page 81: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

14

at any time to limit the number of persons in attendance at any activity to which the public would otherwise be generally admitted, the City Manager is hereby authorized to establish and place in effect such regulations and restrictions as she may deem necessary for such activities to protect the safety and welfare of the public grounds, the community in general, and members of the public at large. Such regulations may include, but are not limited to, advance or on-the-spot limitation of admissions, including closing-off of admission, and may also include a requirement that admission be limited to persons who are bona fide residents of Cleveland Heights and are authorized holders of a proper Recreation I.D. Card issued by the City of Cleveland Heights, and such number of guests accompanied by such Cardholder as the City Manager shall establish.

(c) In the event that the City Manager shall determine, in her sole discretion, that the

conduct of a given activity, or a portion of the activity, would endanger the safety and welfare of the public, then she shall have the authority to cancel any program and, at the earliest time possible, to give, by appropriate means, notice to persons wishing to participate in such activity of the fact that the program or activity has been canceled.

(d) Notwithstanding any other provision, the City Manager is hereby vested with

authority to transfer the conduct of any portion of any activity to another facility in order to insure the safety and/or convenience of the general public. At such time, the City Manager shall, by appropriate means, advise persons wishing to participate in such activities of the change of location.

(e) The City Manager is hereby authorized to change beginning and ending dates and

hours for programs, facilities and sessions due to changes in the Cleveland Heights-University Heights school year dates, staffing shortages, and for other good cause, in her sole discretion.

SECTION 4. Ordinance No. 95-2015, passed by Council on August 17, 2015, is hereby repealed to the extent inconsistent herewith.

SECTION 5. Ordinance No. 142-2105, passed by Council on December 21, 2015, is

hereby repealed to the extent inconsistent herewith. SECTION 6. Ordinance No. 143-2015, passed by Council on December 21, 2015, is

hereby repealed to the extent inconsistent herewith. SECTION 7. Notice of the passage of this Ordinance shall be given by publishing the title and abstract of its contents, prepared by the Director of Law, once in one newspaper of general circulation in the City of Cleveland Heights. SECTION 8. This Ordinance shall take effect and be in force at the earliest time possible permitted by law.

Page 82: Tanisha R. Briley, City Manager DATE - Cleveland Heights

ORDINANCE NO. 4-2017 (CRR)

15

_______________________________ CHERYL L. STEPHENS, Mayor

President of the Council

_________________________________

TOM RAGUZ Clerk of Council PASSED:

Page 83: Tanisha R. Briley, City Manager DATE - Cleveland Heights

Proposed: 1/17/2017 RESOLUTION NO. 5-2017 (MS)

By Council

A Resolution authorizing the City Manager to enter into an agreement with the County of

Cuyahoga to perform certain services to help maintain the City’s sanitary and storm sewers; and declaring an emergency.

WHEREAS, the City owns and operates sanitary and storm sewers and catch basins, which require regular maintenance; and

WHEREAS, Section 171.02(b) of the Cleveland Heights Codified Ordinances authorizes

the purchase of services without obtaining competitive bids where the price for services offered by a political subdivision is less than the price that would be obtained by taking bids from private persons; and

WHEREAS, the City Manager has determined that Cuyahoga County offers certain maintenance services for sanitary and storm sewers and catch basins at a price less than would be obtained by taking bids from private persons and that it would be in the City’s best interests to retain the County for such services.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Cleveland Heights, Ohio, that:

SECTION 1. The City Manager be, and she is hereby, authorized to execute an agreement necessary to retain the County of Cuyahoga to provide certain services to maintain the City’s sanitary and storm sewers and catch basins, in accordance with the requirements set forth in Section 171.02(b) of the Cleveland Heights Codified Ordinances. The scope of services shall be limited to those set forth in the proposed agreement, which is currently on file with the Clerk of Council. Term of the agreement shall expire on December 31, 2017, and the total amount to be paid by the City shall not exceed the sum of One Hundred Sixty Thousand Dollars ($160,000). All agreements and related documents hereunder shall be approved as to form by the Director of Law.

SECTION 2. Notice of the passage of this Resolution shall be given by publishing the title and abstract of its contents, prepared by the Director of Law, once in one newspaper of general circulation in the City of Cleveland Heights.

SECTION 3. This Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, and safety of the inhabitants of the City of Cleveland Heights, such emergency being the need to proceed with the maintenance of the City’s sewer and storm systems as soon as possible. Wherefore, provided it receives the affirmative vote of five (5) or more of the members elected or appointed to this Council, this Resolution shall take effect and be in force immediately upon its passage; otherwise, it shall take effect and be in force from and after the earliest time allowed by law.

Page 84: Tanisha R. Briley, City Manager DATE - Cleveland Heights

RESOLUTION NO. 5-2017 (MS)

2

___________________________________ CHERYL L. STEPHENS, Mayor President of Council

___________________________________ TOM RAGUZ Clerk of Council PASSED:

Page 85: Tanisha R. Briley, City Manager DATE - Cleveland Heights

00787157v1

Proposed: 1/17/2017 RESOLUTION NO. 6-2017 (MS) By Council Member

A Resolution authorizing the City Manager to execute a Letter of Intent with Evans Energy; and declaring an emergency.

WHEREAS, this Council has determined it is in the best interest of the City and its

residents to consider engaging Evans Energy for an energy conservation project identified in the proposed Scope of Work submitted by Evans Energy in response to a request for proposals and on file with the Clerk of Council; and

WHEREAS, said project would result in increased energy efficiency, equipment

reliability, and reduced energy costs; and WHEREAS, in order for Council to determine whether to move forward said project,

Evans Energy may need to perform certain engineering services.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Cleveland Heights, Ohio, that:

SECTION 1. The City Manager be, and she is hereby, authorized to execute a Letter of Intent with Evans Energy to negotiate an agreement for an energy conservation project identified in the proposed Scope of Work submitted by Evans Energy in response to the City’s request for proposals. The terms of the Letter of Intent shall include that the City may be liable to Evans Energy for engineering costs not to exceed Twenty Thousand Dollars ($20,000) in the event that the City does not move forward with an agreement for said project. All documents hereunder shall be substantively similar to the Letter of Intent on file with the Clerk of Council and approved as to form by the Director of Law. SECTION 2. Notice of the passage of this Resolution shall be given by publishing the title and abstract of its contents, prepared by the Director of Law, once in one newspaper of general circulation in the City of Cleveland Heights. SECTION 3. This Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health and safety of the inhabitants of the City of Cleveland Heights, such emergency being the need to continue negotiations in good faith. Wherefore, provided it receives the affirmative vote of five (5) or more of the members elected or appointed to this Council, this Resolution shall take effect and be in force immediately upon its passage; otherwise, it shall take effect and be in force from and after the earliest time allowed by law.

Page 86: Tanisha R. Briley, City Manager DATE - Cleveland Heights

RESOLUTION NO. 6-2017 (MS)

2

CHERYL L. STEPHENS, Mayor President of the Council TOM RAGUZ Clerk of Council

Page 87: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 1 of 16

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

at 6:37 p.m. to discuss the contents of the City Manager’s memo.

Council Members present: Dunbar, Roe, Seren, Stein, Stephens, Yasinow

Staff present: Boland, Briley, Butler, Freeman, Juliano, Lambdin, Mannarino, McRae, Mecklenburg, Niermann O’Neil, Raguz, Smith, Wong

Councilwoman Roe motioned to move to Executive Session at 7:10 p.m. to discuss litigation and personnel. The motion was seconded by Councilwoman Yasinow.

Council Members present: Dunbar, Roe, Seren, Stein, Stephens, Yasinow

Councilwoman Roe moved to end executive session. That was seconded by Councilwoman Yasinow.

Roll Call: Ayes: Dunbar, Roe, Seren, Stein, Stephens, Yasinow

Nays: None

Executive Session adjourned at 7:28 p.m.

The Council of the City of Cleveland Heights, Ohio, met on the above date at 7:37 p.m., Mayor Stephens presiding.

Council Members present: Dunbar, Roe, Seren, Stein, Stephens, Yasinow

Staff present: Boland, Briley, Butler, Freeman, Juliano, Lambdin, Mannarino, McRae, Mecklenburg, Niermann O’Neil, Raguz, Smith, Wong

Mayor Stephens stated, “Good evening and Happy New Year. Welcome to Cleveland Heights City Council meeting of January 3, 2016… 17. “My agenda said 16. This little yellow sheet, I read what was on it. I guess I can't just read. Okay. Tuesday, January 3, 2017. It is our regular 7:30 Council meeting. We’re a few minutes late, but we had a few issues to handle. Mr. Raguz, our Clerk of Council, would you call the roll please?”

Roll Call: Ayes: Dunbar, Roe, Seren, Stein, Stephens, Yasinow

Nays: Ungar

Tom Raguz stated, “Six present, Your Honor.”

Mayor Stephens stated, “Council Ungar is absent this evening and we excuse his absence. Next is the approval of the minutes of the regular Council meeting held on Monday, December 5, 2016. Do you, my regular scribes and editors, have comments and I've already provided those I think? Next comes community are standard personal communications from our citizens and residents or anyone else who has something they'd like to share with members of Council and the City Manager this evening. If you're

Page 88: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 2 of 16

interested in speaking, please remember we'd like you to keep your my comments to approximately three minutes. You approach the podium and give your name and your address. Is there anyone who would like to make comments to Council this evening? Okay, this is going to be a very efficient evening. Next is the report of the City Manager.”

Report of the City Manager

Tanisha Briley stated, “Good evening, Your Honor. Happy New Year! I take full responsibility for the 2016. I did your packet on Friday. Jennifer was absent. I need to notify Council that the bids were received for the Cedar Road Resurfacing and the Cedar Fairmount Streetscape. The lowest response of better was Perk Company, Inc. in the amount of $3,991,539.91. I'd like to make this a Matter of Record.”

Matter of Record

Mayor Stephens stated, “I'm going to refer this to the Municipal Services Committee.”

Councilwoman Yasinow stated, “Thank you very much. I hereby move that the City Manager be allowed to negotiate and to enter into a contract with the lowest responsive bidder was Perk Company, Inc. for the Cedar Road Resurfacing and Cedar-Fairmount Streetscape in the amount of $3,991,539.91.”

Mayor Stephens stated, “Is there a second?”

Councilwoman Dunbar stated, “Second.”

Mayor Stephens stated, “Mr. Raguz, if you would call the roll please.”

Roll Call: Ayes: Roe, Seren, Stein, Stephens, Yasinow, Dunbar

Nays: None

Tom Raguz stated, “Six ayes, Your Honor.”

Authority Granted

Mayor Stephens stated, “This resolution passes and the City Manager is authorized to enter into a contract with Perk Streetscaping… Perk Company for the Streetscaping and Resurfacing of Cedar Road. Is there anything else, Madam City Manager?”

Tanisha Briley stated, “Nothing else this evening, Your Honor. Thank you.”

Mayor Stephens stated, “Thank you. Next we have the report of the Director of Finance/Clerk of Council, Mr. Raguz.”

Tom Raguz stated, “Good evening, Your Honor. I need to notify Council that two notices had been received from the Ohio Department of Liquor Control advising that an application has been made by the following:

Page 89: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 3 of 16

• James C Barle, Inc. Upper Level, 3099 Mayfield Rd., Cleveland Heights, Ohio 44118, Transfer

D1, D2, D3 and D6 permits from Inglewood Group LLC, DBA Rockefellers, Upper Level, 3099 Mayfield Rd., Cleveland Heights, Ohio 44118; and also

• Noble Roman Inc., dba Noble Gas, 2610 Noble Rd., Cleveland Heights, Ohio 44121 for C1 and C2 permits

I’d like to make these a Matter of Record”

Matter of Record

Mayor Stephens stated, “We can make these a Matter of Record, however, I want to refer Noble Roman, Inc. to the Law Director and the City Manager for additional review and attention.”

Tanisha Briley stated, “Yes, Your Honor.”

Mayor Stephens stated, “Okay, thank you. The Barle, Inc. Upper Level request will be referred to the Public Safety and Health Committee of Council as well as the City Manager and Law Director separate from Noble Roman. Thank you. Now we move on to committee reports. First, there is a committee - the Planning and Development Committee. Councilwoman Dunbar.”

Planning and Development Committee

Councilwoman Dunbar stated, “No legislation tonight, Mayor, but I would like to commend On the Rise Artisan Breads for being listed as a winner on the Weatherhead upstart list of the fastest growing companies in Northeast Ohio. The annual Weatherhead lists highlight three categories of companies. There's a list of 100 companies that grew rapidly from a solid base in 2011 to more than $1,000,000 in sales in 2015. The upstart list is for smaller companies with equally impressive growth rate and finally there's a list of a few companies that had 100% growth from 2011 to 2015 or met other criteria. When I looked at these lists, I was looking for Cleveland Heights companies even though this company is largely a residential community. Still, we have some good businesses here. On the Rise was the only Cleveland Heights company I spotted on these lists. It was billed as ‘Best Artisan Bread Bakery on the East Side of Cleveland.’ I have to say that they have some serious competition right here in Cleveland Heights in the Stone Oven, Zoss and others. In any case, congratulations to On the Rise Artisan Bread for its notable achievement and recognition. I'm hoping I'll see more Cleveland Heights companies on future Weatherhead fastest growing companies list. That’s it.”

Mayor Stephens stated, “Thank you. Next we have Public Safety and Health Committee.”

Report of the Public Safety and Health Committee

Councilman Seren stated, “Thank you, Mayor.”

Mayor Stephens stated, “Councilman, I'm sorry.”

Page 90: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 4 of 16

Councilman Seren stated, “That's all right. I don't have any legislation today, but I did want to

very briefly run through the Nuisance Abatement Board determinations that have taken place since our last meeting. I just wanted to update the Council and the residents. 1610 South Euclid - the board determined that…”

Mayor Stephens stated, “South Taylor?”

Councilman Seren stated, “Oh, yes, sorry. I don’t know why - South Taylor. Sorry, 1610 South Taylor - the board determined that the property owner must fix all exterior violations by March 1 and after March 1, the City will fix the violations at the owner's expense. We determined that the evidence showed that the damage to the house from the property damage from the fire was not sufficient to make razing necessary. So, we modified the order and the property owner shall fix all of the exterior violations by March 1 and then we'll take another look at it.”

Mayor Stephens stated, “I have a question for you.”

Councilman Seren stated, “Sure.”

Mayor Stephens stated, “So, we hear this and then he or she would be able to rent this out again?”

Councilman Seren stated, “Well, this is the issue and this is actually, now that you bring it up, one of the reasons why I am proposing the legislation related to the occupancy permits for rental properties and any nuisance abatement or property taxes that are that are delinquent. If we were to pass this legislation either as I wrote it or in is a modified form, we could prevent that rental occupancy.”

Mayor Stephens stated, “Well, this owner had a tenant in there with no occupancy permit prior to the fire.”

Councilman Seren stated, “And this owner also had a property management company that they're no longer using and I think that, based on this situation, the owner is maybe going to be a little bit more conscientious, but either way, we did not have any desire to allow for the razing of a property simply because of the level of damage that was caused by a relatively localized fire. So, there was no structural damage to the property that would require…”

Mayor Stephens stated, “The beams in the roof were still structurally sound?”

Councilman Seren stated, “No, there are…”

Mayor Stephens stated, “Because there were three holes in that roof.”

Councilman Seren stated, “There is a section of the roof that at the very least had some structural damage, but the replacement of the roof would be sufficient to mitigate that or abate that nuisance and so that is what the board ordered him to do.”

Vice Mayor Stein stated, “Can I ask a question?”

Page 91: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 5 of 16

Councilman Seren stated, “You may.”

Vice Mayor Stein stated, “How much is it determined that the City would have to pay to fix all this property if the City follows through with our nuisance abatement?”

Councilman Seren stated, “If we have to follow through with abating this nuisance for this person, it may be that the City will review this and determine that the structural damage and market of the, like the rental market or the or the housing market, still doesn't necessarily allow for us to invest in the property for that return and so in that case, we would have to raze it.”

Mayor Stephens stated, “Since one of the things I see on a regular basis is a repair of roofs, I know that we couldn't possibly do the roof on that property for less than $7,000.”

Councilman Seren stated, “Yeah.”

Mayor Stephens stated, “I imagine there are interior things that need to be done as well.”

Councilman Seren stated, “That's correct and this was thoroughly discussed during the hearing along with an estimate from the people that would be doing the work. So, I think those concerns were addressed and we just, as opposed to having, you know, the missing tooth in on the street when it's not necessarily required to abate the nuisance in this case, the owner of the property was convincing that their investment in that property would continue and that they would fix it and they would… they plan on getting it up to code and getting the nuisance abatement. So, by March 1, if it's not taking care of, then we'll have to take another look at it, but…”

Mayor Stephens stated, “Are we saying that everything has to be done by March 1? Because what we've seen with several folks like this is they go in and do a little bit and then asked for additional grace period.”

Councilman Seren stated, “Well, what we determined is that all exteriors violations must be taken care of, all exterior violations including the property and the structure.”

Mayor Stephens stated, “The garage in this? So, the site finish as well as the structure and the garage?”

Councilman Seren stated, “So, if there's any debris in the yard, I there's anything that needs to be cleaned up - all exterior violations must be fixed by March 1.”

Councilwoman Roe stated, “So, that would include the roof?”

Councilman Seren stated, “That would include the roof.”

Vice Mayor Stein stated, “Were the neighbors made aware of the board’s decision? Because I know that some of the some of the neighbors have come to Council over the last year or so.”

Page 92: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 6 of 16

Mayor Stephens stated, “And a couple have called independent of their attendance at the

meeting.”

Councilman Seren stated, “Well, I'll tell you - I think in this case if this owner fulfils his end of the bargain on this and he seemed to be convincing to me at least. And I can't speak to whether the neighbors have been notified. That's not something… I have to refer to our Law Department for that, but if the owner takes care of the exterior violations by March 1 as agreed, then this would be taking care of to the neighbors’ satisfaction before we would get to raze this property anyway because this person would take it to court. So, I think that all in all it's a result that hopefully will be to the benefit of not only our residents outside of this particular owner, but also to the owner’s satisfaction hopefully and, you know, I hate to see a property knocked down for not sufficient reason. Frankly, I mean the structural damage was not to the degree that this house can't be saved for an investment at least on the owner's part that doesn't outweigh the return. So, it's still, according to his rental market in his calculations, a property that can be saved and can be profitable.”

Mayor Stephens stated, “We really need to push staff to hold this owner’s feet to the fire because they have for the last for more than three years managed a property to minimum standards. It's been a detriment. It's been the ugliest property on a major thoroughfare in our community and only because of the fire have we gotten their attention. All the notifications that staff had sent to them previously, they use the rental company or their manager as a reason for why it happened that way, but they owned it and they should have invested in it and I personally walked in the first level and it was problematic.”

Councilman Seren stated, “Like I said, I can't speak to that, but I will say the current owner has taken over I guess toward the beginning of 2015 after his father passed away toward the end of 2014. I don't know exactly what the complications of that business endeavor because it's multiple properties that this particular company owns. I don't know what the complications are that he's had to sort out since then, but based on our conversation, I was willing and the rest of the board was willing - it was a unanimous decision - to allow this individual until March 1.”

Mayor Stephens stated, “Are they current on their real estate taxes?”

Councilman Seren stated, “I can check that for you now if you'd like.”

Mayor Stephens stated, “Well, you can tell me afterward. I can look at that too, but that's of concern as well.”

Councilman Seren stated, “Yeah.”

Mayor Stephens stated, “I'm sorry. We all have concerns about this.”

Councilman Seren stated, “That’s fine. That's what this is for.”

Mayor Stephens stated, “So, if you would proceed please.”

Page 93: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 7 of 16

Councilman Seren stated, “And, you know, I would like to say I don't think that this is the most

lenient thing. It holds them to a strict timetable and if they’re not taking care of to our satisfaction, then the City will have to step in and I do believe that this is just another example of why the type of legislation that I proposed earlier is necessary because what we don't want is for someone who is behind on their taxes to be making money on property in our in our City. Behind on taxes or behind on nuisance abatement charges. So, I think that if we take care of this and then make it a requirement that they're contributing to the community that they're benefiting from if they're going to be a landlord in our community, then we all benefit. So, we thought that, according to the evidence that we were given, the property and this is sort of, I mean, you know, you understand this - the calculation of whether or not the money that you have to invest in a property to rehab it…”

Mayor Stephens stated, “I do it all the time.”

Councilman Seren stated, “Exactly. Is worth what the market will provide in terms of rent or in terms of a sale and we found and that owner was insistent that this is something that they can fulfill their end of the bargain on. So, that's the first property.”

Mayor Stephens stated, “We eagerly await March 1.”

Councilman Seren stated, “And, you know, another thing I would like to say is that - on several on actually pretty much all four of these properties the board made some determinations that maybe changed what we what we as a Council did in this appeal process. I think that it was a substantive appeal process and it was respectful both of the City and of the property owner and I believe that we looked very closely at the evidence that was presented to us and we also attempted to understand not only the City's position, but also the property owner's position and sort of the long term benefits to the City based on our actions. I would like to say that thus far my, you know, inclusion in this board has been I think valuable. So, I'll just leave it at that and move on to the next property, 950 Nelaview. This was a property that we all saw pictures of. There were, it was, I mean I, as a lay person here, it seemed to me to be a hoarder situation and the property owner came in and we spoke with her and we spoke with the City and the board determined that raising this property strictly on the basis of, ‘It’s filthy,’ was not something that we thought was appropriate in this case based on the testimony that we were presented. So, what we determined is that the owner would have 30 days to remove all of the debris from the property including the property after which the City would step in and do this at the end owners' expense.”

Mayor Stephens stated, “Understand that hoarding is not something that is solved in 30 days.”

Councilman Seren stated, “Cleaning out the property. Yes, we understand that.”

Councilwoman Yasinow stated, “Is this the one that had all the garbage on the back stoop and it would be cleaned up temporarily and then it be right back to where it was?”

Councilman Seren stated, “That is correct. That is correct and this is a situation where this, you know, be that as it may, that is maybe the idea that this particular individual may have a situation that is

Page 94: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 8 of 16

not helped by cleaning out the property or at least on a long-term basis. As a board, we were not, you know, it wasn't really in our domain to deal with whatever other issues that might be going on that are of a personal or psychological in nature, but in this case, we didn't feel that knocking the property down was the most appropriate response to that situation, but – and this is the caveat – the City has not been able to inspect this property in a meaningful way because of the clutter that was in the property and so the idea or rather order was that once the debris is removed (and this is thirty days from December 29), the City will conduct a full exterior and interior inspection because there was some indication that the property might not be saved. It might not be able to be saved and that has to do with structural issues.”

Mayor Stephens stated, “I walked around the exterior of the property and I question whether appropriate maintenance has been done over the years to the structure.”

Councilman Seren stated, “And that's entirely possible, but we were given testimony that an inspection, a sufficient inspection, was not possible. They weren't able to do it and so they would like to do it and we'd like to see it and so the board will convene after this inspection to determine whether the order to raze it is appropriate.”

Councilwoman Yasinow, “What was the vote on that property?”

Councilman Seren stated, “Unanimous.”

Vice Mayor Stein stated, “Councilman, just a question. If I remember correctly, that property specifically was brought to attention because neighbors were complaining about the egregious odors that were making their living conditions impossible.”

Mayor Stephens stated, “Part of the problem is that other people cannot have quiet enjoyment of their property. Their property rights are interfered with.”

Councilman Seren stated, “That is correct and out of that, I will say, you know, part of the determination that we had to make was that there is a woman standing in front of us who, you know, lives in this house.”

Mayor Stephens stated, “Oh, I thought we didn't live in that anymore. She owns it, but didn’t live there anymore.”

Councilman Seren stated, “She’s been ordered to not live in it while the house is not in livable condition. So, she's been staying at a shelter because she doesn't have anywhere else to go and so that was something that we had to take into account and we thought that knocking down the house that she owns and would be living in if she could was not necessarily the most appropriate response given the evidence that we had because a dirty house is not necessarily sufficient to knock a house down and that's something that we wanted to investigate a little bit more fully which is why we wanted to give her 30 days to clean the house out so that we could do a full inspection of the house and then receive the evidence from the inspection that we were not given because they couldn't do the inspection. If this continues to be a problem, then other measures will have to be taken and I can't necessarily say that all

Page 95: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 9 of 16

of those measures will have to do with determining that the property is a nuisance; that there may be other measures that authorities or family members can take, but until those things are proven to be, you know, necessary that, I mean, that would be a step we’ll have to take in the future, but for now, the board determined that razing the house was not, given the evidence that we were given at the time, was not the most appropriate response to the issues that we saw.”

Mayor Stephens stated, “This leaves a blighting – a substantial blighting influence - both visibly and od…”

Councilman Seren stated, “Odiforously? We understand. We understood that and we definitely…”

Mayor Stephens stated, “To the neighbors and this is why people move out of our neighborhoods and leave vacancies because we are not pushing these property owners to correct their violations sooner, faster, quicker. We've been going back and forth with this specific property owner I know for almost two years now.”

Councilman Seren stated, “Well, I've only been going back and forth with this property owner since we received the pictures and we were given a report on this nuisance property and we determined that a different way to abate the nuisance was more appropriate and that razing the property and leaving a vacant lot where there once was a house that potentially could have been saved and still, I mean at this point, we're not entirely sure that this will be maintained in the in the ownership of this particular person and a different owner may come in and take the house. We don't know this. My point is that razing a house because it needs to be cleaned, even very thoroughly cleaned, razing a house is not necessarily the most appropriate solution at this time.”

Mayor Stephens stated, “I will concede that, but this house has become a detriment to the values of the adjacent properties.”

Councilman Seren stated, “And we are not ignoring that.”

Mayor Stephens stated, “Okay, so we move along.”

Councilman Seren stated, “All right, moving along we've got the Rise Bar. So, in this case the City was able to able to prove that there was a nuisance created, but the City did not provide evidence that the nuisance was not already abated in November and so by the time that we had our hearing, we were given testimony that incidents that we were to be made aware of it as the board at that meeting on that date, that incidents did not continue based on some changes in event promotion.”

Mayor Stephens stated, “What’s the street address on that?”

Councilman Seren stated, “This is at Severance.”

Councilwoman Yasinow stated, “Forgive me if I’m wrong, but is this the one that where there was the stabbing?”

Page 96: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 10 of 16

Councilman Seren stated, “There is that. Yes, that is the issue. That is one of the issues, but in

this case, the board determined that due to those changes in event promotion in the clientele that was to be brought into this location for various events that this nuisance may have been abated by those changes; and we determined that, well, two things. The first is that we would give them until the beginning of June to see if those six months and the reason why we chose six months and this is the reasoning for that - is that if we gave them three months, if we gave them two months during the winter, then we may not be able to see if those changes were actually effective and so we could go two months and not have an incident and then at that point determine that okay, well the changes were effective in abating the nuisance and we're not having these problems anymore, but once the summer months start then and it starts to get a little bit warmer and more people are going out there, we might have a better idea and I recognize that this is a dangerous situation that people have been hurt there and it's a trade off in terms of, you know, shutting down a business and effectively firing all of the employees who work there.”

Mayor Stephens stated, “But how will we feel if there's a loss of life there?”

Councilman Seren stated, “That's correct and it's a very difficult tradeoff.”

Mayor Stephens stated, “When I have very made decisions about business success or loss of life, I choose life every time.”

Councilman Seren stated, “Well, I'll tell you, I think that, you know, if there's a person who is going to a bar in Severance and this is a person who is a violent individual who is going to commit a crime, it may not be the Rise Bar that they go to. In all likelihood, you know, wherever this person goes…”

Mayor Stephens stated, “There are other venues, yes.”

Councilman Seren stated, “And in that way, as long as the bar is not attracting that clientele and making a safe space for that type of clientele, the person who will commit the violent acts, then the bar is not the problem. So, what we're hoping is that the changes that this bar's already made in terms of dress code, age limits, there was a portion of the time that this bar owner had brought him some event promoters and they were bringing in 21 and over and there were some issues and that's not to say that all of the issues were caused by younger clientele either, but the clientele that they were attracting and I mean proactively attracting were the clientele that we saw creating these problems where there's, you know, somebody with a concealed weapon, somebody was stabbed in the parking lot and that's the sort of thing that we have to stop, but the issue is that and I won't say necessarily that the City conceded this, but I will say that the City did not fight the determination that the changes that were made may have abated the nuisance already because of the lack of incidents in certain changes were made."

Mayor Stephens stated, “Okay, so they made the changes in early December for example.”

Councilman Seren stated, “Well, there were changes that were made. I believe the real incident had to do…”

Page 97: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 11 of 16

Mayor Stephens stated, “We have received a letter from the owner.”

Councilman Seren stated, “Yeah.”

Mayor Stephens stated, “And he said that he would be making some changes.”

Councilman Seren stated, “Correct. There were changes made prior to that as well, but I think that giving them the chance... I didn't finish the other caveat and I think that it's important that you hear that as well. If there is criminal activity in the interim…”

Councilwoman Yasinow stated, “In the next six months?’

Councilman Seren stated, “ Yes, within the next six months, that the board may reinstate that revocation of business occupancy; and that's something that I think is very important in this order is that…”

Mayor Stephens stated, “Okay, I needed to hear that.”

Councilman Seren stated, “Yeah, yeah. So, it's not just, you know, free six months. Don't worry about anything. It's like, ‘No, you have to maintain these changes and do whatever other necessary changes will abate this nuisance,’ and so that's the order that we gave. That also was a unanimous decision.”

Vice Mayor Stein stated, “Well, just as a point since I disagreed with you on the previous two, I think I'll just let you know that I think the board's decision on this one is… I could agree on.”

Councilman Seren stated, “Well, you know, the tradeoff I think is the possibility of violent acts and we do not and did not take that lightly and that is a concern of mine and it will continue to be a concern of mine. At the same time, I know, that there are other venues that have the potential for violent acts here in this City and there are other venues that are creating the same requirements and rules for their clientele that this owner has instituted, and so, and where there aren't violent acts and so I'm hoping that the changes that they've made allow us to at least, you know, as long as the bar exists and employs people, that those employees continue to be able to maintain their livelihoods and that we don't necessarily, you know, put those employees out of a job as a result of something that may have already been abated; and so, I mean, it was difficult to weigh and we don't take it lightly and I didn't take it lightly. At the same time, we wanted to have sort of that that stick where if these changes either aren't enough and the owner isn't willing to make changes that are enough, then we will revoke the business occupancy. So, okay, the final minutes…”

Mayor Stephens stated, “We took 15 minutes on you, dude.”

Councilman Seren stated, “I know you did. I apologize. The final nuisance abatement appeal was withdrawn by the City. We found…”

Mayor Stephens stated, “What was the address?”

Page 98: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 12 of 16

Councilman Seren stated, “This was 13093 Cedar. We found that the request to abate this

nuisance was not supported. The evidence and the code did not align. So, the criminal activity that took place was not addressed by the code.”

Mayor Stephens stated, “Refresh our memories. What was occupying this building?”

Councilman Seren stated, “This was a rental and the renters are currently being evicted. They're child, well, an adult child of the renter committed a theft and when the house was searched, I believe there were some drugs or drug paraphernalia found. You can please forgive me about the specifics exactly. I don't have the notes in front of me, but the... what we found is that the criminal activity…”

Mayor Stephens stated, “Could be abated by removal of this occupant.”

Councilman Seren stated, “Well, there's that.”

Councilwoman Seren stated, “Who is not on the lease.”

Councilman Seren stated, “That as well that and that particular individual I believe is dealing with a criminal case now and is not in the property and as far as I know, the tenant will be out of the property as well.”

Mayor Stephens stated, “Okay.”

Councilman Seren stated, “And so the City withdrew this.”

Mayor Stephens stated, “Against the landlord. Against the landlord since they had made an effort to correct the tenant’s problem.”

Councilman Seren stated, “Yeah, what they did, what they did, what they wanted us to do was revoked the occupancy permit, but the City withdrew its request for that. So, that is the result of the appeals process for nuisance abatement.”

Councilwoman Yasinow stated, “Okay.”

Mayor Stephens stated, “Okay, thank you for that update.”

Councilman Seren stated, “You're welcome. Is there anything else you'd like to share with us this evening?”

Councilman Seren stated, “Not tonight. Thank you.”

Mayor Stephens stated, “Okay, next we move on to Administrative Services Committee. Councilwoman Roe.”

Report of the Administrative Services Committee

Councilwoman Roe stated, “Okay, so…”

Page 99: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 13 of 16

Mayor Stephens stated, “Are you going to be as exciting as Councilman Seren?”

Councilwoman Roe stated, “You know, I don't know that I can meet that standard that has just been set in terms of excitement, but, so, I have two pieces of legislation tonight. One is Ordinance Number 1-2017 and I move the adoption of this ordinance amending Ordinance Number 7-2016, the wage and salary ordinance and this is to incorporate the new terms agreed to by the City of Cleveland Heights and the Fraternal Order of Police Ohio Labor Council Incorporated and represents the police dispatchers.”

Mayor Stephens stated, “Is there a second?”

Councilwoman Yasinow stated, “Second.”

Mayor Stephens stated, “Thank you, Councilwoman Yasinow. Mr. Raguz, would you call the roll please?”

Roll Call: Ayes: Seren, Stein, Stephens, Yasinow, Dunbar, Roe

Nays: None

Tom Raguz stated, “Six ayes, Your Honor.”

Ordinance Passed

Councilwoman Roe stated, “Okay, I'm halfway through. Next I have Ordinance Number 2-2017. This is an ordinance to amend Section 183.01, the public hearing of Chapter 183, political influence by corporate entities of the Cleveland Heights Codified Ordinances to establish more flexibility on the hearing date. This ordinance essentially allows us after we go through what was approved by the voters in the Move to Amend. This ordinance allows us more flexibility in scheduling the public hearing. So, that’s the effect of the ordinance, so I move that we pass this.”

Mayor Stephens stated, “Is there a second?”

Councilwoman Yasinow stated, “Second.”

Mayor Stephens stated, “Thank you, Councilwoman Yasinow. Mr. Raguz, if you would call the roll please.”

Roll Call: Ayes: Stein, Stephens, Yasinow, Dunbar, Roe, Seren

Nays: None

Tom Raguz stated, “Six ayes, Your Honor.”

Ordinance Passed

Page 100: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 14 of 16

Mayor Stephens stated, “Thank you. This resolution… this ordinance passes. Is there anything

else you'd like to share with us this evening, Councilwoman Roe?”

Councilwoman Roe stated, “I think not.”

Mayor Stephens stated, “Okay, next we move on to Community Relations and Recreation Committee. Vice Mayor Stein.”

Report of the Community Relations and Recreation Committee

Vice Mayor Stein stated, “This committee has no legislation tonight.”

Mayor Stephens stated, “Well, thank you for that brevity. Next we move to the Finance Committee. Councilman Unger is not here this evening. Our vice chair is… yes.”

Councilwoman Dunbar stated, “I have nothing to report except Happy New Year, everyone.”

Mayor Stephens stated, “And next we move to Municipal Services Committee. Councilwoman Yasinow.”

Report of the Municipal Services Committee

Councilwoman Yasinow stated, “Thank you very much, Your honor. I have no legislation this evening, but I do have a few quick remarks. First off, with regards to Ordinance 2-2017 that was just passed just for residents to have a little background knowledge with this. There was no previous flexibility as to when we could get hearing and we were actually working with those who helped get Move to Amend on the ballot and its proponents to work with them as to create a mutually agreeable time and date and we realize that we did not have the flexibility for the City Hall to be able to work with the most ardent supporters of Move to Amend. This was done collaboratively and we all look forward to the hearing on this which was scheduled for January 25 at 7:00 p.m. here in Council Chambers, so we look forward to having all residents who wish to attend to come and to speak their mind and have a forum to discuss the importance of maintaining a strong democracy free from extravagant corporate influence. So, we welcome you all and look forward to seeing you. As Chair of Municipal Services, I just want to give a quick thank you to those who have helped make the transition to Cleveland Water possible. The transition to Cleveland Water. We were previously a master meter city which means that we purchased our water from Cleveland Water and sold out. We are now a direct service city with the City of Cleveland Waters Department like dozens of others in the region. This is the end of a very long, it actually is still ongoing, saga, but it could not have been done without the truly excellent work of our staff who have made this possible - our City Manager as well as and they do not get nearly enough credit for this – Collette Clinkscale, the head of our Water and Sewer Department as well as Jim Lambdin, the head of our IT department. This was a very intricate, very complex transition. Their work in this has been invaluable. A lot of long evenings and we thank them for their work. Please do give your Water Sewer Department/IT Manager a hug. And if you have any questions…”

Councilwoman Roe stated, “As long as it’s not inappropriate.”

Page 101: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 15 of 16

Councilwoman Yasinow stated, “What?”

Mayor Stephens stated, “The administrative Services here reminds you that it should not be inappropriate.”

Councilwoman Yasinow stated, “In that case, please give them a professional handshake. So, if you have any questions about your transition go to Cleveland Water services, we have frequently asked questions up on the City of Cleveland Heights website to help with answering any questions you may have. For example, you will no longer be billed for your water by the City of Cleveland Heights. Please do not come to drop off any payments for your water to the City of Cleveland Heights after the final bill goes out. The final Cleveland Heights water bill will be delivered at mid- January. So, please do see your frequently asked questions on the City of Cleveland Heights website and mailings will also be going out to residents. Additionally, fun with Municipal Services, garbage pick-up. As we did observe the New Year's holiday on Monday, garbage pickup has been delayed by one day so that means if you get your garbage picked up on Monday it will now be picked up on Tuesday, so on and so forth, including if you get your garbage picked up on Friday, it will now be picked up on Saturday of this week and then we go back to the regular schedule.”

Mayor Stephens stated, “Until we have another holiday.”

Councilwoman Yasinow stated, “Until the next holiday at which point, please note it will all get pushed back one day. And finally I just wanted to wish everybody a very Happy Holidays and a Happy New Year, Merry Christmas, Happy Hanukkah, Happy Kwanzaa and anything that you may celebrate around this season. That is all that I have for Municipal Services.”

Mayor Stephens stated, “Thank you. I had a rather long speech prepared because it's the beginning of the year and I wanted to talk about how life is part of a lifelong process of learning and what I learned is that nobody wants to stay here very late and so I'm going to skip to the important parts which are that in the seven years that I've served as a member of Council and now as the Mayor, we have learned about our school systems and our children, the crime statistics, the cost of safety services, recreation and entertainment, interaction with other communities, interaction with my colleagues and I think all six of us who are present here today and the seventh would probably agree that there are things we didn't know about when we ran for Council the first time. And so we've learned more than we expected to, but this is a very special community and all of us believe that because we're a zone where we believe in freedom to express who we are whether we are have different thoughts or religions or races or lifestyles, this is a community that is welcoming to all of us. Yesterday, I held a friend and former colleagues grandchild in my arms who will be the third generation to live in this community and they're proud of what this community stands for and how wonderful it is that generations will, as they say, boomerang back home after they've spent time in Boston, New York, Los Angeles, Chicago and other places. So, I'm thankful that this community is so special and so attractive that you want to go and place somewhere else for a little while, but you always want to come back home. So, with those short notes, I thank God for this country and that we can recover from any mistakes that we make and some of us are perceived certain things to be part of the great American experience of democracy and I also

Page 102: Tanisha R. Briley, City Manager DATE - Cleveland Heights

January 3, 2017 Page 16 of 16

think God and hope that he or she will bless Cleveland Heights. Once again, when we are finished with our Council meeting as efficiently as possible. Yes?”

Tanisha Briley stated, “We just need you to set the hearing for the Democracy Day.”

Mayor Stephens stated, “Thank you and I have a note for that and looked over it in moving fast. The Move to Amend Democracy Day event; the hearing is scheduled for January 25, 2017 at 7:00 here in our City Council Chambers at 40 Severance Circle. If you'd like to attend and comment on political issues that can be changed by corporate investment, things that are related to how we focus on public investment in our community, those things are what we ask you to focus on and go on our website and look at the legislation as to what we focus on, but we will hold a hearing on January 25 at 7:00 p.m. here in Council Chambers for Democracy Day. With no further information, I'd like to thank you all for your attendance and your attention if you're watching this on YouTube or on our channel. The next meeting of our City Council will be… official meeting will be Tuesday, January 17, 2017 at 7:30 p.m. Thank you very much. This meeting is over.”

The meeting adjourned at 8:21 p.m.

Respectfully submitted,

___________________________________________

Cheryl Stephens, Mayor

___________________________________________

Tom Raguz, Clerk of Council

/jkw