City Council

City of Middleburg Heights,Ohio Council Agenda September 22,2020 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of September 8, 2020 Minutes of the Public Hearing of September 8,2020 Minutes ofthe Executive Session of September 8,2020 COMMUNICATIONS AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES.RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee - Mr. Ali, Chairman 2. Fin^ce, Taxation & Assessments Committee - Mr. Bortolotto, Chairman 3. Legislation & Rules Committee - Mr. Ference, Chairman 4. Public Health, Safety & Relief Committee- Mr. McGregor, Chtiirman 5. Public Improvements Committee- Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee - Mr. Meany, Chairman 7. Zoning & Building Code Committee - Mr. Grech, Chairman MAYOR’S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director 6. Executive Assistant ADJOURNMENT  City of Middleburg Heights, Ohio Council Agenda September 22,2020 Page 2 2020 PENDING LEGISLATION 32 Grech An Ordinance amending Section 1133.14 of the Middleburg igt. Rdg. 3-24-20 Heights Zoning Code. Refer to Planning 3-24-20 2nd. Rdg. 6-9-20 Pub. Hrg. 9-8-20 UN-NUMBERED LEGISLATION Bortolotto An Ordinance to make supplemental appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2020 and declaring an emergency. Bortolotto A Resolution authorizing the finance director to request tax advancements before settlement dates and declaring an emergency. Bortolotto A Resolution accepting the amoimts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Fiscal Officer. Mayor Castelli An Ordinance enacting a new chapter of the Middleburg Heights Codified Ordinances entitled “Hotel and Motel Security.” Mayor Castelli An Ordinance authorizing the mayor and finance director to enter into a purchase agreement for the purchase of certain real estate in the City of Middleburg Heights to be used for the construction of Abram Creek Detention Basins near Big Creek Parkway Project and declaring an emergency.  City of Middleburg Heights, Ohio Council Agenda September 22, 2020 Page 3 ZONING & BUILDING CODE COMMITTEE - Mr. Grech. Chairman 11-27-18 Request from Fabo Architecture, Inc. to rezone land on Pearl Road form general business to retail service for construction of a vet clinic 4-23-19 Request from Clean Express Auto Wash Middleburg Bagley LLC to rezone land on Bagley Road from general business to motorist service and restaurant amusement and recreational services 6-25-19 Review Airbnb regulations 9-10-19 Request from Middleburg Heights Healthcare and Rehabilitation Real Estate LLC to rezone land north of American Veterans Parkway to senior residence/life care district 9-24-19 Discussion regarding ordinance regulating fences FINANCE. TAXATION & ASSESSMENTS COMMITTEE - Mr. Bortolotto, Chairman CITY PARKS. RECREATION & SERVICES COMMITTEE - Mr. Ali. Chairman 2-13-18 Dog Park 11-13-18 Ordinance No. 2018-92, Dedicated space for seniors in community center 2-26-19 Proposed Charter Amendments - mayor term limits/firing of directors LEGISLATION & RULES COMMITTEE - Mr. Ference. Chairman 2-26-13 Vote Abstention Rule 9-10-19 Term Limits PUBLIC HEALTH. SAFETY & RELIEF COMMITTEE - Mr. McGregor. Chairman PUBLIC IMPROVEMENTS COMMITTEE - Mr. Dan Sage. Chairman 6-26-12 Police Department Expansion Project or new facility STREETS. UTILITIES & RAILROAD COMMITTEE - Mr. Meanv. Chairman 1-22-19 Letter from Diane Bickett, Executive Director, dated January 7, 2019 regarding ratification of the Cuyahoga County Solid Waste Management Plan update AD-HOC COMMITTEE 12-22-09 Preservation ofthe Little Red School House Regular Council Meeting Tue, Sep 22, 2020 7:00 PM - 9:00 PM (EDT) Please join my meeting from your computer, tablet or smartphone. https://Elobal.gotomeeting.com/ioin/643666797 You can also dial in using your phone. United States: +1 (408)650-3123 Access Code: 643-666-797 Join from a video-conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 643 666 797 Or dial directly: 643666797@67.217.95.2 or 67.217.95.2##643666797 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/643666797  delivered SEP ' ^ m City of Middleburg Heights, Ohio Ordinance No. 2020- Introduced by: Mr. Bortolotto. Mr. Meany and Mr. Grech AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENDITURES AND EXPENSES FOR THE CITY OF MIDDLEBURG HEIGHTS FOR THE CALENDAR YEAR 2020 AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,CUYAHOGA COUNTY,STATE OF OHIO: Section 1. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2020, the following sums be appropriated from the Coronavirus Relief Fund: Increase Description (Decrease) Gen. Govt. - Wages & Fringe Benefits - Wages dedicated to respond to the COVID-J9 health emergency 352,718.36 Total Increase to the Coronavirus Relief Fund $ 352,718.36 Section 3. That it is hereby found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the publie, in compliance with all legal requirements including chapter 107 of the Codified Ordinances and section 121.22 of Ohio Revised Code. Section 4. That this ordinance is hereby declared to be an emergency measure, immediately necessary for the preservation of the public peace, health and safety of the citizens of the City of Middleburg Heights, Ohio. Such emergency being the necessity of supplementing appropriations from the above listed funds and accounts in order to allow the City to pay outstanding obligations of the City for the year 2020. Therefore, this ordinance shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH  delivered SEP > 7 ?o?0 City of Middleburg Heights Resolution No. 2020- Introduced by: Mr. Bortolotto, Mr. Meanv. and Mr. Grech A RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO REQUEST TAX ADVANCEMENTS BEFORE SETTLEMENT DATES AND DECLARING AN EMERGENCY Whereas, it has been determined that it is advantageous to the city to receive advancements of property taxes before settlement dates, NOW THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,CUYAHOGA COUNTY,STATE OF OHIO: Section 1. That the Finance Director be authorized to request the Cuyahoga County Fiscal Officer to issue an order on the Treasurer of said county to pay the City of Middleburg Heights such funds from the proceeds of the 2020 tax year collection, including, without limitation, revenues from real property taxes and all special assessments including M305046D, M565046 and M925048. Section 2. That it is hereby found and determined that all formal actions of this council concerning and relating to the passage of this resolution were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public in compliance with all legal requirements including Chapter 107 of the codified ordinances and Section 121.22 of the Ohio Revised Code. Section 3. That this resolution is declared to be an emergency measure for the preservation of the public peace, health, and safety of the citizens of the City of Middleburg Heights, Ohio; the immediate emergency being the necessity of collecting these taxes and special assessments as soon as possible. Therefore this resolution shall be in full force and effect and be in force immediately upon its passage and signature by the Mayor. PASSED PRESIDENT OF COUNCIL ATTEST APPROVED ON PRESENTED TO MAYOR MAYOR ROLL CALL YEAS NAYS BORTOLOTTO ALI SAGE MEANY MCGREGOR FERENCE GRECH  delivered SEP 1 f m RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY FISCAL OFFICER (CITY COUNCIL) Revised Code,Secs. 5705.34-5705.35 RESOLUTION NO. 2020- Introduced By: Mr. Bortolotto, Mr. Meany, Mr. Grech The Council of the City of Middleburq Heights Cuyahoaa County, Ohio, met in session on the day of (Regular Or Special) 2020 , at the office of with the following members present: Mr7Mrs. moved the adoption of the following Resolution; WHEREAS,This Council in accordance with the provisions of law has previously adopted a Tax Budget for the next succeeding fiscal year commencing January 1st. 2021 :and WHEREAS,The Budget Commission of Cuyahoga County. Ohio, has certified its action thereon to this Council together with an estimate by the County Fiscal Officer of the rate of each tax necessary to be levied by this Council, and what part thereof is vwthout, and what part within the ten mill tax limitation; therefore, be it RESOLVED, By the Council of the City of Middleburg Heights , . Cuyahoga County, Ohio, that the amounts and rates, as determined by the Budget Commission in its certification, be and the same are hereby accepted: and be it further RESOLVED, That there be and is hereby levied on the tax duplicate of said City the rate of each tax necessary to be levied within and without the ten mill limitation as follows:  SCHEDULEA SUMMARY OF AMOUNTS REQUIRED FROM GENERAL PROPERTY TAX APPROVED BY BUDGET COMMISSION AND COUNTY FISCAL OFFICER'S ESTIMATED TAX RATES Amount County Fiscai Officer's Amount to Be Approved by Estimate of Tax FUND Derived from Budget Com Rate to be Levied Levies Oulside mission Inside Inside Outside 10 M. Limitation 10 M. Limitation 10 M. Limit 10 M. Limit Column II Column IV V VI General Fund 3.75 0.00 General Bond Retirement Fund 0.10 0.00 Police Pension 0.30 Park Fund O.oq Recreation Fund Fire Pension Fund 0.30 Southwrest Hospital Fund 1.00 Fund TOTAL $0 $0 4.45 1.00  SCHEDULE B LEVIES OUTSIDE 10 MILL LIMITATION, EXCLUSIVE OF DEBT LEVIES Maximum Rate Co.Fiscal Officer’s Authorized Est.of Yield of Levy FUND to Be Levied (Carry to Schedule A, Column II) GENERAL FUND; Current Expense Levy authorized by voters on ,20 for not to exceed years. Current Expense Levy authorized by voters on ,20 for not to exceed years. Total General Fund outside 10m. Limitation. Park Fund: Levy authorized by voters on ,20 for not to exceed years. Recreation Fund: Levy authorized by voters on ,20 for not to exceed years. Fund: Levy authorized by voters on for not to exceed years. Fund: Levy authorized by voters on ,20 for not to exceed years. Fund: Levy authorized by voters on ,20 for not to exceed years. Fund: Levy authorized by voters on ,20 for not to exceed years. and be it further RESOLVED,That the Clerk of this Council be and he is hereby directed to certify a copy of this Resolution to the Fiscal Officer of said County, Mr./Mrs. seconded the Resolution and the roil being called upon its adoption the vote resulted as follows: Mr./Mrs. Mr./Mrs, Mr./Mrs. Adopted the day of ,20 Attest: President of Council Clerk of Council Mayor  CERTIFICATE OF COPY ORIGINAL ON FILE The State of Ohio, County, ss. Clerk of the Council of the City of within and for said County, and in whose custody Ihe Files and Records of said Council are required by the Laws of the State of Ohio to be kept, do hereby certify that the foregoing is taken and copied from the original now on file, that the foregoing has been compared by me with said original document, and that the same is a true and correct copy thereof. WITNESS my signature, this day of 20 Clerk of Council No. COUNCIL OF THE CITY OF County, Ohio. RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY FISCAL OFFICER (City Council) Adopted 20 Clerk of Council Filed .. 20 County Fiscal Officer By Deputy  delivered SEP CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2020- Introduced By: Mayor Matthew Castelli AN ORDINANCE ENACTING A NEW CHAPTER OF THE MIDDLEBURG HEIGHTS CODIFIED ORDINANCES ENTITLED “HOTEL AND MOTEL SECURITY99 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS; Section 1: That new Chapter XXX of the Middleburg Heights Codified Ordinances entitled “Hotel and Motel Security” is hereby enacted to read as follows; XXXOl PURPOSE. To mandate that hotels and motels implement security measures for the safety ofits clientele and for the general health, safety and welfare of all residents and businesses ofthe City and in order to prevent criminal conduct and nuisances. XXX.02 DEFBVmONS. (a) "Hotel or Motel" means a building or part thereof operated as a public inn and containing rooms for lodgings, meetings or other rooms rented out by the day, night or for longer periods to the public, (b) "Nuisance location" means any motel or hotel that is operated by the owner in such a fashion that it is or has negatively impacted the health, safety and/or welfare of its guests or the residents or businesses ofthe City by any ofthe following activities: (1) Non-compliance with federal. State or City Municipal Codes; (2) Dmg or alcohol related arrests; (3) Prostitution or sex-slave related arrests; (4) Excessive calls for service, (c) "Calls for Service" means all those that result in Middleburg Heights Police personnel being dispatched or directed to the hotel/motel. "Calls for Service" are declared to be "Excessive" if there are five (5) or more occurring within any 30-day period. Calls made by the hotel/motel staffare not to be counted as "Calls for Service”. XXX.03 NUISANCE PROHIBITED, (a)No owner ofa hotel/motel shall maintain a 'Nuisance Location", (b) The conviction of any person/persons of any sex offense set forth in Chapter 553 and/or any drug offense as set forth in Chapter 513 is prima facie evidence that the owner ofa hotel/motel is maintaining a "Nuisance Location", (c) A service fee oftwo hundred fifty dollars($250.00)shall be assessed to owner of any hotel/motel upon the conviction of any person/persons for any sex or dmg offense beginning with the fourth separate occurrence within any twelve-month period. Upon each subsequent conviction within the same twelve months period, the service fee shall be increased to two hundred fifty dollars ($250.00) per occurrence. At the end ofthe twelve- month period, the service fee schedule shall start over beginning again upon the fourth occurrence. (d) In the event the service fee assessed in this section is not paid by the hotel/motel owner within thirty days of the maihng/delivery of an invoice by the CWef of Police or his/her designee, that amount is deemed delinquent and shall be forwarded by the Director of Finance to Cuyahoga County for placement on the tax duplicate of the subject property and/or placed into collection. XXX.04 HEARINGS, (a) Any hoteFmotel owner who has been invoiced pursuant to this chapter may request a review ofthat service fee involved in writing submitted to the Director of Safety within fifteen days of the date ofthe invoice. A twenty-five dollar ($25.00)filing fee must be paid to the City upon filing the written request for review. Documentary proof of why the hoteFmotel owner is not maintaining a 'Nuisance Location" and/or any other relevant factor shall be included with the request for review within 15 days of the receipt of the request for review. The Direetor of Safety or his/her designee shall issue a written determination to the hoteFmotel owner that affirms, overrules or modifies, in whole or in part, the issue ofthe invoice review, (b) Ifthe invoice is affirmed or modified,the hoteFmotel owner shall make a payment as ordered within 15 days ofthe Safety Director’s decision. Ifthe invoice is overruled in its entirety, the applicants filing fee shall be returned to the owner. XXX.05 ENFORCEMENT. In the event any owner of a hoteFmotel violates any provision of this chapter, the Law Director, in addition to the service fee assessment set forfli above, is further authorized to institute an appropriate action or proceeding at law or equity to restrain, correct or abate such a violation.  XXX.06 REQUIRED SECURITY MEASURES, (a) The owner or operator of any Hotel or Motel that is open for business in the City is required to provide for the presence of Security Personnel as set forth in this section. (b) Any Hotel or Motel that has 5 or more instances of the conduct set forth in subsection (1) through (4) below in any 90-day period shall be required to provide for the presence of no less than one armed off-duty Middleburg Heights law enforcement ofiQcer from the hours of6:00 p.m. to 6:00 a.m. for a 90-day period beginning immediately alter the 5th qualifying instance. (1) Non-compliance with federal, State or City Municipal Codes; (2) Dmg or alcohol related arrests; (3) Prostitution or sex-slave related arrests; (4) Call for service, (c) No Hotel or Motel shall fail to report incidents oftheft, prostitution,illegal drug use, or other violations of law to the Middleburg Heights Police Department, (d)The owner or operator ofany Hotel or Motel who violates any provision ofthis section is guilty ofa minor misdemeanor. Each day on which a violation occurs or continues shall be deemed a separate offense. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto All Sage Meany McGregor Ference Grech  DEUVERED SEP t 1 2q:^d CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2020- Introduced By: Mayor Matthew Castelli AN ORDINANCE AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A PURCHASE AGREEMENT FOR THE PURCHASE OF CERTAIN REAL ESTATE IN THE CITY OF MIDDLEBURG HEIGHTS TO BE USED FOR THE CONSTRUCTION OF ABRAM CREEK DETENTION BASINS NEAR BIG CREEK PARKWAY PROJECT AND DECLARING AN EMERGENCY WHEREAS, flooding of public and private property has been a concern throughout the City of Middleburg Heights (“City”) for many years; and WHEREAS, it is the desire of the Mayor and Council to work towards the elimination of all flooding concerns within the City and to improve stormwater management within the City; and WHEREAS, the acquisition of these parcels of land will allow the City to proceed with certain necessary improvements to increase stormwater detention capacity to reduce flooding within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor and Finance Director are hereby authorized to enter into a purchase agreement, a copy of which is attached hereto and marked “Exhibit A”, for the purchase of certain real estate and improvements in the City of Middleburg Heights. Section 2; That there is hereby appropriated sufficient funds to implement this Ordinance. Section 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Section 4; That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare of said City. Wherefore, provided this Ordinance receives the affirmative vote of at least two-thirds (2/3) of the members of Council it shall take effect and be in force immediately upon its passage and approval by the Mayor. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech