City Council

City of Middleburg Heights, Ohio Council Agenda October 27,2020 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes of the Regular Meeting of October 13,2020 COMMUNICATIONS Notice to legislative authority from Ohio Division of Liquor Control requesting new permit for 3 Brothers Pizza, 7523 Pearl Road. No objection from Police ChiefTomba. AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES.RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee - Mr. Ali, Chairman 2. Finance, Taxation & Assessments Committee- Mr. Bortolotto, Chairman 3. Legislation & Rules Committee - Mr. Ference, Chairman 4. Public Health, Safety & Relief Committee- Mr. McGregor, Chairman 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 October 27, 2020 Page 2 2020 PENDING LEGISLATION 32 Grech An Ordinance amending Section 1133.14 of the Middleburg 1st. 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 A Resolution authorizing the sale of certain automobiles no longer needed for any municipal purpose. Mayor Casteiii An Ordinance authorizing the mayor and finance director to enter into an agreement for the purchase and retention of certain real estate in the City of Middleburg Heights known as Baldwin Creek Preserve.  City of Middleburg Heights, Ohio Council Agenda October 27, 2020 Page 3 ZONING & BUILDING CODE COMMITTEE- Mr. Grech. Chairman 11-27-18 Request from Fabo Architecture, Inc. to rezone land on Pearl Road from 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 9-22-90 Hotel/Motel Security Legislation 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 of the Little Red School House -% — Regular Council Meeting October 21, 2020 Tue, Oct 27, 2020 7:00 PM - 9:00 PM (EOT) Please join my meeting from your computer,tablet or smartphone. https://global.gotomeetinR.eom/ioin/544540093 You can also dial in using your phone. United States: +1(872) 240-3412 Access Code: 544-540-093 Join from a video-conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 544 540 093 Or dial directly: 544540093@67.217.95.2 or 67.217.95.2##544540093 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.eom/install/544540093  OHIO DIVISION OF LIQUOR CONTROL NOTICE TO LEGISLATIVE 6606 TUSSING ROAD, P.O. BOX 4005 AUTHORITY REYNOLDSBURG, OHIO 43068-9005 (614)644-2360 FAX(614)644-3166 TO 1879631 N DJSR LLC PERMIT NUMBER TYPE DBA 3 BROTHERS PIZZA 7523 PEARL RD ISSUE DATF MIDDLEBURG HGTS OH 44130 10 05 2020 FILING DATF D3 .ASSES 18 352 C C72502 TAX biSTRIOT RECEIPT NO. FROM 10/07/2020 PERMIT NUMBER JY,E£. l^iJE DATE FILING DATF PERMIT CLASSES T TAX DISTRIGT -Beceipt no. MAILED 10/07/2020 RESPONSES MUST BE POSTMARKED NO LATER THAN. 11/09/2020 IMPORTANT NOTICE PLEASE COMPLETE AND RETURN THIS FORM TO THE DIVISION OF LIQUOR CONTROL WHETHER OR NOT THERE IS A REQUEST FOR A HEARING. C N 1879631 REFER TO THIS NUMBER IN ALL INQUIRIES (TRANSACTION & NUMBER) (MUST MARK ONE OF THE FOLLOWING) WE REQUEST A HEARING ON THE ADVISABILITY OF ISSUING THE PERMIT AND REQUEST THAT THE HEARING BE HELD I I IN OUR COUNTY SEAT. ] IN COLUMBUS. WE DO NOT REQUEST A HEARING. [ DID YOU MARK A BOX? IF NOT, THIS WILL BE CONSIDERED A LATE RESPONSE. PLEASE SIGN BELOW AND MARK THE APPROPRIATE BOX INDICATING YOUR TITLE: (Signature) (Title)- □ Clerk of County Commissioner (Date) I I Clerk of City Council I I Township Fiscal Officer CLERK OF MIDDLEBURG HGTS CITY COUNCIL ATTN: CLERK OF COUNCIL 15700 BAGLEY RD MIDDLEBURG HEIGHTS OHIO 44130 □LC 4052 REV. 03/09  Office of the Council City of Middleburg Heights 15700 Bagley Road • Middleburg Heights. Ohio 44130-4896 •440/234-8987 • Fax 440/234-8990 President of Council Ward I DAVID BORTOLOTTO BILLMEANY At-Large Council Members Ward 2 TIM ALl MATTHEW McGREGOR DAN SAGE Ward 3 Clerk of Council MICHAEL FERENCE MARYANN MEOLA Ward 4 JOHN GRECH MEMORANDUM TO: ED TOMBA,POLICE CHIEF FROM: MARY ANN MEOLA,CLERK OF COUNCIL DATE: OCTOBER 14,2020 RE: NEW LIQUOR LICENSE Attached is a copy of Notice to Legislative Authority from the Ohio Division of Liquor Control requesting a new liquor license for the following: TO: DJSR LLC DBA 3 BROTHERS PIZZA 7523 PEARL ROAD MIDDLEBURG HEIGHTS,OHIO 44130 We would appreciate your response by October 21**, so it could be placed on the agenda for the October 27*’’ council meeting. If you have any questions or need additional information, please do not hesitate to call me. Thank you. fJD olStout^ » <=SsS> "■  delivered OCT ? 2 ?o?0 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2020- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Grech A RESOLUTION AUTHORIZING THE SALE OF CERTAIN AUTOMOBILES NO LONGER NEEDED FOR ANY MUNICIPAL PURPOSE WHEREAS, the City has title to city owned vehicles; a 2008 Dodge Charger VIN 2B3LA43H18H216323 and a 2009 Chevy Tahoe VIN 1GNFK03099R192678, which are no longer needed for any municipal purpose. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1 : That the Service Director is hereby authorized to sell a 2008 Dodge Charger VIN 2B3LA43H18H216323 and a 2009 Chevy Tahoe VIN 1GNFK03099R192678 through the Greater Cleveland Auto Auction. Section 2: 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 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 Yea Nay Ali McGregor Sage Ference Meany Grech  delivered OCT 2 2 im CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2020- Introduced By: Mayor Matthew Castelli AN ORDINANCE AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO AN AGREEMENT FOR THE PURCHASE AND RETENTION OF CERTAIN REAL ESTATE IN THE CITY OF MIDDLEBURG HEIGHTS KNOWN AS BALDWIN CREEK PRESERVE WHEREAS, the City of Middleburg Heights has or will submit an application for Clean Ohio Conservation Grant Funding for the purchase and protection of the Baldwin Creek Preserve property; and WHEREAS, the preservation of the Baldwin Creek Preserve will protect approximately 15 acres of forested riparian land adjacent to Baldwin Creek and containing tributary streams to Baldwin Creek, thereby protecting water quality in the Rocky River watershed; and WHEREAS, the Mayor and Council desire to permanently preserve the Baldwin Creek Preserve as a public park for passive recreation providing a tremendous natural and recreational amenity for residents of the City of Middleburg Heights. 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 and retention of the approximately 15-acre property known as Baldwin Creek Preserve. Section 2: That City Council hereby consents to appropriate sufficient funds. subject to the successful awarding of Grant Funds for the Baldwin Creek Preserve, 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. Passed; President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto AN Sage Meany McGregor Ference Grech