City Council

City of Middleburg Heights,Ohio Council Agenda February 22,2022 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting ofFebruary 8,2022 COMMUNICATIONS AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES.RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Conunittee- 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 FEBRUARY 22,2022 PAGE 2 2022 PENDING LEGISLATION ORDINANCE NO.2022-12-INTRODUCED BY COUNCILMAN GRECH An Ordinance rezoning permanent parcel number 373-08-015 from its present zoning classification Rl-A (One-Family A Residential District) and RMF-1 (Multi-Family Residential District) to SR/LC (Senior Residence/Life Care District)(MVAH Holding - Senior Living Pearl Road). (First reading and referred to Planning Commission 2/8/22) UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN ALI A Resolution accepting the bid of Wilson-Shaw Associates Inc. for the Middleburg Heights Community Center Ridge Skylight Replacement - Phase III INTRODUCED BY COUNCILMAN BORTOLOTTO An Ordinance to make supplemental appropriations for current expenditures and expenses for the city of Middleburg Heights for the calendar year 2022 and declaring an emergency INTRODUCED BY COUNCILMAN GRECH An Ordinance rezoning permanent parcel number 372-20-031 from its present zoning classification RS (retail service district) to PMU (planned mixed use district) - WXZ Development, Southland INTRODUCED BY MAYOR CASTELLI An Ordinance authorizing the mayor to enter into an agreement with Stewart Land Use for professional planning and zoning services  City of Middleburg Heights, Ohio Council Agenda FEBRUARY 22, 2022 PAGES ZONING & BUILDING CODE COMMITTEE - Mr. Grech. Chairman 9-24-19 Discussion regarding ordinance regulating fences 11-23-21 Rezoning application received from MV AH Holding EEC to rezone property on Pearl Road for a senior independent living development FINANCE. TAXATION & ASSESSMENTS COMMITTEE - Mr. Bortolotto. Ghairman 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, Ch^^irmpr, 9-22-20 Hotel/Motel Security Legislation PUBLIC IMPROVEMENTS COMMITTEE- Mr. Dan Sa.ae. 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  DELIVERED FEB 1 7 2022’ CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2022- Introduced By; Mr. AN Co-Sponsors: Mr. Ference, Mr. Sage A RESOLUTION ACCEPTING THE BID OF WILSON-SHAW ASSOCIATES INC. FOR THE MIDDLEBURG HEIGHTS COMMUNITY CENTER RIDGE SKYLIGHT REPLACEMENT - PHASE III WHEREAS, pursuant to legal advertisement duly made, sealed bids were received on February 10, 2022, for the Middleburg Heights Community Center Ridge Skylight Replacement - Phase III, in accordance with specifications on file in the office of the Clerk of Council; and WHEREAS, the bid of Wilson-Shaw Associates, Inc., 6510 Lorain Avenue, Cleveland, OH 44102 for the Middleburg Heights Community Center Ridge Skylight Replacement - Phase III in the amount of $266,500.00 is determined to be the lowest and best bid, therefore. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the bid of Wilson-Shaw Associates, Inc. for the Middleburg Heights Community Center Ridge Skylight Replacement in the amount of $266,500.00 being the lowest and best bid submitted pursuant to legal advertisement and specifications on file in the office of the Clerk of Council, be and the same is hereby accepted. Section 2: That the Mayor and Finance Director are hereby authorized to enter into a contract with Wilson-Shaw Associates, Inc., 6510 Lorain Avenue, Cleveland, OH 44102 in accordance with Section 1 of this Resolution. Section 3: That there is hereby appropriated $266,500.00 from the Capital Improvement Fund to implement this Resolution. Section : 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: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto Ali Sage Meany McGregor Ference Grech Jim, I have reviewed bid proposal from Wilson Shaw dated Feb. 10, 2022 and find it to be complete. Included in the proposal is a Bid Guaranty and Contract Bond. Please consider this my recommendation to award the Middleburg Heights Community Center Skylight Replacement Phase III Please feel free to contact me with any questions. D. PaJ/\/aie.tU President Nalette Associates, Inc. 13142 Prospect Road Strongsville, OH,44149  City of Middleburg Heights, Ohio Ordinance No. 2022- OEtfVERED FEB I 7 2022 Introduced bv: 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 2022 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 2022, the following sums be appropriated from the Capital Improvements Fund: Increase Description (Decrease! Capital - 2022 Salt Truck Replacement(Larger Truck & Vac Body Addition) $ 167,000.00 Total Increase to the Capital Improvements Fund $ 167,000.00 Section 2. 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 public, in compliance with all legal requirements including chapter 107 of the Codified Ordinances and section 121.22 of Ohio Revised Code. Section 3. That this ordinance is hereby declared to be an emergency measure, immediately necessary for the preservation of the public peace, health and safety ofthe 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 2022. 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  Department of Public Service City of Middleburg Heights 15700 Bagiev Road ● Middleburg Heights, Ohio 44130 ● 440/234-2216 ● Fax 440/234-9093 Matthew J, CastelJi James P. Herron Mayor Service Director MEMORANDUM TO: Council President David Bortolotto FROM: James P. Director of Public Service DATE: February 4, 2022 SUBJECT: NEORSD Stormwater Funding Request We are proposing an innovative funding scenario for City Council consideration. We can request NEORSD Stormwater funding to purchase a new truck (cab and chasis) and an accompanying new X-Treme Vac for leaf collection. We will need to appropriate the funding and pay for the equipment. We estimate that we will be reimbursed in approximately two years for the purchase of the Truck and X-Treme Vac as we are currently in the process of using our NEORSD Stormwater funds for the Abrams Creek Detention Basin project. We currently have budgeted $215,000 for the purchase of the new truck with the snow and ice control package. Freightliner Cab and Chasis with dual steering wheels: $121,341.00 X-Treme Vac by ODB - attached via hooklift: $113.623.16 NEORSD REIMBURSEMENT SUBTOTAL: $234,964.26 Snow and Ice Control Equipment Package: $146.596.18 TOTAL APPROPRIATION: $381,560.34 We will need to appropriate an additional $167,000 if this concept is approved. cc. Mayor Matthew J. Castelli All Members of City Council Howard Gross, Superintendent  WXZ DEVELOPMENT SOUTHLAND CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- DEUVERED FEB I J 2022, Introduced By: Mr. Grech Co-Sponsors: Mr. Bortolotto, Mr. Ference AN ORDINANCE REZONING PERMANENT PARCEL NUMBER 372-20-031 FROM ITS PRESENT ZONING CLASSIFICATION RS(RETAIL SERVICE DISTRICT) TO PMU (PLANNED MIXED USE DISTRICT) WHEREAS, WXZ Development Inc. has requested that Permanent Parcel Number 372-20-031 be rezoned from RS (Retail Service District) to PMU (Planned Mixed Use District) Use District Classification; and WHEREAS, the Planning Commission recommends to Council that the requested zoning change be made; and WHEREAS, the Council deems that the requested zoning change in the hereafter described property should be made and the same is conducive to the public health safety, convenience, prosperity, and the general welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS; Section 1: That Ordinance No. 1982-170, the Zoning Ordinance of the City of Middleburg Heights, and the zone map made a part of said Ordinance be changed and amended so as to rezone Permanent Parcel Number 372-20-031 from its present use classification RS (Retail Service District) to PMU (Planned Mixed Use District) Use District Classification, a copy of the legal description marked “Exhibit A” is attached hereto and made a part hereof. Section 2: That the City Engineer be and is hereby directed to immediately make the proper marking and changes on the zone map made a part of said Zoning Ordinance 1982-170 to clearly indicate the aforesaid zoning change in the use district of the above-described properties from its present RS (Retail Service District) to PMU (Planned Mixed Use District) Use District Classification. 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: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto Ali Sage Meany McGregor Ference Grech  Situated in the City of Middleburg Heights. County of Cuyahoga, and State of Ohio, and known as ^ being part of Originai Middleburg Township, Section 3, Turnpike Tract, Lot No. 10 and further described as follows: Beginning at a point on the center line of Pearl Road,66 feet wide, distant South 64° 35' 10" West, 413.58 feet from its intersection with the center line of West 130th Street; thence North 3° 12' 44'' West, 54 feet to the Northwesterly corner of a parcel of land conveyed to the City of Middleburg Heights, by deed dated July 30. 1970, and recorded in Volume 12754, Page 633 of Cuyahoga County Records, and the principal place of beginning; thence North 64° 35' 10" East along the parcel, 301.80 feet to the Northeasterly corner thereof; thence North 2° 47 46" West along the Easterly line of Parcel No. 1 of land conveyed to the Kamms Corners Realty Company, by deed dated November 25, 1947 and recorded in Volume 6450, Page 142 of Cuyahoga County Records, 233.60 feet to an interior corner thereof; thence North 82° 49' 02" East along a Southerly line of land so conveyed, 93.86 feet to a point on the Westerly side of West 130th Street, 80 feet wide; thence North 4° 03' 54" East along the Westerly side of West 130th Street, 80 feet wide, 252.63 feet to the Southeasterly corner of land conveyed to Brownie Builders, Inc., by deed dated June 16, 1972 and recorded in Volume 13117, Page 91 of Cuyahoga County Records; thence Southwesterly along the Southeasterly side of land so conveyed 414 07 feet to the Southwesterly corner thereof: thence South 3° 12' 44" East along the Westerly line of Parcel No. 1 of land conveyed to The Kamms Corners Realty Co., about 527.39 feet to the place of beginning. EXHIBIT A  delivered FEB ? 7 m CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- Introduced By: Mayor Matthew Castelli AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH STEWART LAND USE FOR PROFESSIONAL PLANNING AND ZONING SERVICES WHEREAS, as an extension of the City’s planning department, Stewart Land Use will provide various planning and zoning support services to the City of Middleburg Heights which will include planning and zoning reviews in the Zoning Code, reviewing applications, attending meetings, and acting as department liaison. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor is hereby authorized to enter into an agreement with Stewart Land Use to provide professional planning and zoning support services to the City of Middleburg Heights, a copy of which is attached hereto and made a part hereof as though fully rewritten herein and marked “Exhibit A”. Section 2: That there is hereby appropriated an additional $5,000.00 from the General Fund 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: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto Yea Nay Ali McGregor Sage Ference Meany Grech  DRAFT (2-7-2022) Professional Planning and Zoning Support Services Agreement Terms and Conditions Services Provided. Stewart Land Use, LLC, hereinafter referred to as the “Consultant”, agrees to perform the professional services outlined in the attached Exhibit A “Scope of Work” for the City of Middleburg Heights, Ohio, hereinafter referred to as the “Client.” Compensation. Based upon the attached Scope of Responsibilities, Client agrees to pay Consultant Three Thousand Dollars ($3,000.00) per month, not to exceed Thirty-Six Thousand Dollars ($36,000.00) in any calendar year as referenced on City of Middleburg Heights Purchase Order # . The monthly compensation shall be paid within the first ten (10) days of each month, starting with the first month following the Effective Date of this Agreement. Standard of Care. Consultant agrees to provide professional services to a standard of care that would be reasonably and professionally exercised by reputable planning and zoning professionals practicing in the same or similar locality and under similar circumstances. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with Consultant’s services. Additional Services. Any requested changes beyond the initial Scope of Work made by Client will be considered extra work. Consultant will notify Client in writing of any changes to the Scope of Work requiring additional fees and will provide Client with an estimate of those fees prior to proceeding with the work. Termination of Contract. In the event of termination of this Agreement by either party, the Client shall within fifteen (15) calendar days of termination, pay the Consultant for all services rendered and all reimbursable costs incurred by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement. The Client may terminate this Agreement for the Client’s convenience and without cause upon giving the Consultant not less than seven (7) calendar days written notice. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days written notice for any of the following reasons: ● Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; ● Material changes in the conditions under which this Agreement was entered into or the Scope of Responsibilities and the failure of the parties to reach an agreement on the compensation and schedule adjustments necessitated by such changes; Indemnification, Limitation of Liability and Immunity. The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client and its employees (collectively. Client) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Consultants negligent performance of professional services under this Agreement and that of its sub-consultants or anyone for whom the Consultant is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnity and hold harmless the Consultant, its officers, directors, employees and sub-consultants (collectively. Consultant) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs,  DRAFT (2-7-2022) to the extent caused by the Client's negligent acts in connection with the professional services provided and the acts of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. In addition, the Client agrees that, to the fullest extent permitted by law, no shareholder, officer, director, principal or employee of the Consultant shall have personal liability under this Agreement, or for any matter in connection with the professional services provided. Neither the Client nor the Consultant shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence. Both Parties agree not to waive any statutory immunity available to Consultant under Ohio law for work performed by Consultant under this Agreement. Consequential Damages. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the Client nor the Consultant, their respective officers, directors, partners, employees, contractors or sub-consultants shall be liable to the other nor shall they make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of revenue, loss of reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Dispute Resolution. In an effort to resolve any conflicts that may arise during the life of this Agreement, the Client and the Consultant agree that all disputes between them arising out of or in relation to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. If a dispute is not resolved after mediation, the matter shall be processed through any court having jurisdiction thereof. Ownership and Copyright of Documents. Reuse or modification of any Consultant produced document by Client shall be at Client’s sole risk. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. Severability. If any term or provision hereof is illegal or Invalid for any reason whatever, such illegality of invalidity shall not affect the validity of the remaining terms of this Agreement. Payment & Correspondence Contact Information. Compensation payments and related correspondence required under this Agreement shall be mailed to the following address: Jay Stewart Stewart Land Use, LLC 10307 Riverwalk Lane Loveland, Ohio 45140 Assignment of Agreement. Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. Subcontracting to subconsultants normally contemplated by the Consultant shall not be considered an assignment for purposes of this agreement.  DRAFT (2-7-2022) Signatures. The individual signing this Agreement represents that they are duly authorized to execute this Agreement on behalf of the City of Middleburg Heights, Ohio, for the payment of the amounts specified herein. The individual signing on behalf of Client represents he has full authority to sign on behalf of Client. AUTHORIZATION TO PROCEED Please proceed with the professional planning and zoning services outlined above in accordance with this proposal. Client agrees to the terms and conditions of this proposal. CITY OF MIDDLEBURG HEIGHTS, OHIO By; Date: Its Date: STEWART LAND USE, LLC By: Its Date:  DRAFT (2-7-2022) EXHIBIT “A' City of Middleburg Heights Professional Planning and Zoning Support Services Scope of Responsibilities The following professional planning and zoning support services shall be provided by Consultant under this Agreement: Planning and Zoning Support Services ● Consultant shall perform the planning and zoning reviews for the following items in the Zoning Code: - Development Plan Review (All Zoning Related Items including Landscaping) - Major and Minor Subdivision Application Review (Zoning Related Items) - Rezone Applications - Conditional Use Permit Review - Sign Permit Review - Accessory Use Permit Review - Variance Requests - Administrative Appeal Application Review - Any other review or determination as required under the Zoning Code Consultant will draft a staff review memo and staff recommendation for all zoning application items sent to City Council, the Planning Commission or the Board of Zoning Appeals for consideration. Attend (virtually) all Planning Commission and Board of Zoning Appeals meetings and serve as the Staff Liaison to both bodies. Complete and send Zoning Verification Letters as requested. Coordinate zoning enforcement action with local City Staff / Inspectors. Assists in creating the Planning Commission and Board of Zoning Appeals agendas as requested. Acts as Department liaison and point of contact to all internal / external plan reviewers within the zoning plan review and zoning permitting process. Sets up and attends all pre-application zoning meetings (virtually). Prepare general correspondence (as needed) on behalf of the Department. Serve as the internal project manager / point of contact for any Planning related studies performed by outside consultants.  DRAFT (2-7-2022) ● Assist in writing or creating zoning related ordinances for City Council. ● Draft future zoning code text edits, and new / modified zoning applications as needed. Virtual Meetings and Telephone Consultation ● Consultant shall be available for incoming planning and zoning related phone calls from the public and from internal City contacts as needed. ● Consultant will be available for internal and external virtual meetings as needed. In-Person Meetings Requested in-person meetings shall be charged a fixed fee amount of $500 per meeting. Depending on the time of the requested in-person meeting, Consultant can also be available at the City for other in-person meetings or general consultation that same day / evening to be included in the same fixed fee amount. Add-On Services as Requested The following services may be added as requested on either an hourly billable rate or on a fixed fee basis. ● Drafting Planning / Land Use Studies and Plans. ● Conducting a Subdivision Regulations Text Update ● Creating any required Planning or Zoning Related Graphics Tasks not Covered Under this Scope of Responsibilities ● The issuance of certificate of occupancy permits. ● Other procedural and permit processing tasks that are currently being performed by City administrative staff and not listed on the Scope of Responsibilities. ● Collection of fees from zoning applicants ● On-Site code enforcement and inspection tasks.