City Council

City of Middleburg Heights, Ohio Council Agenda March 8,2022 7:00 P.M. REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting ofFebruary 22,2022 Minutes ofthe Executive Session ofFebruary 22, 2022 COMMUNICATIONS 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 Sc 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 MARCH 8,2022 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,Second reading 2/22/22) ORDINANCE NO.2022-16-INTRODUCED BY COUNCILMAN GRECH An Ordinance rezoning permanent parcel number 372-20-031 from its present zoning classification RS (Retail Service District) to PMU (Planning Mixed Use District) WXZ Development, Southland (First reading and referred to Planning Commission 2/22/22) UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN ALI An Ordinance authorizing the mayor to sign a First Amendment to A^greement with the cities of Brook Park and Berea for the establishment of an off-leash dog park INTRODUCED BY COUNCILMAN ALI An Ordinance enacting Chapter XXX of the Middleburg Heights Codified Ordinance entitled “Dog Park Advisory Board.” INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO An Ordinance authorizing the mayor to enter into an agreement with the Northeast Ohio Regional Sewer District for the Community Cost-Share X-Treme Vac Leaf Collection vehicle purchase. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO An Ordinance to make supplemental appropriations for current expenditures and expenses for the City of Middelburg Heights for the calendar year 2022 and declaring an emergency. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO An Ordinance removing special assessments previously levied for certain Special Energy Improvement projects in the City of Middleburg Heights, Ohio in cooperation with the Northeast Ohio Advanced Energy District and Bagley AHI, LLC,and declaring an emergency. INTRODUCED BY COUNCILMAN GRECH An Ordinance adopting a revised zoning code and a revised zone map of the City of Middleburg Heights, Ohio and repealing Ordinance No. 1982-170 and all amendments thereto  City of Middleburg Heights, Ohio Council Agenda MARCH 8, 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 Sc 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, Dedieated space for seniors in community center 2-26-19 Proposed Charter Amendments- mayor term limits/firing of directors EEGISEATION & RUEES COMMITTEE - Mr. Ference, Chairman 2-26-13 Vote Abstention Rule 9-10-19 Term Eimits PUBEIC HEAETH,SAFETY & REEIEF COMMITTEE - Mr. McGregor. Chairman 9-22-20 Hotel/Motel Security Eegislation PUBEIC IMPROVEMENTS COMMITTEE - Mr. Dan Sage. Chairman 6-26-12 Police Department Expansion Project or new facility STREETS. UTIEITIES & RAIEROAD COMMITTEE- Mr. Meanv. Chairman 1-22-19 Eetter 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 MAR 0 3 2022 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- Introduced By: Mr. Ali, Co-Sponsors: Mr. Ference, Mr. Sage AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN A FIRST AMENDMENT TO AGREEMENT WITH THE CITIES OF BROOK PARK AND BEREA FOR THE ESTABLISHMENT OF AN OFF-LEASH DOG PARK WHEREAS, through adoption of Ordinance No. 2021-48 on June 22, 2021, the City of Middleburg Heights entered into a Memorandum of Understanding with the City of Brook Park on October 26, 2021, and with the City of Berea on October 27, 2021, for the establishment of an off-leash dog park located in the City of Middleburg Heights; and WHEREAS, at that time, the cities agreed to the creation and appointment of a Dog Park Advisory Board; and WHEREAS, based upon discussions with representatives of the respective cities, it is necessary to amend the provision relating to the number of appointments to the Dog Park Advisory Board. 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 sign the “First Amendment to Agreement for the establishment of an off-leash dog park located in the City of Middleburg Heights between the City of Middleburg Heights and the Cities of Brook Park and Berea, a copy of which is attached hereto and marked “Exhibit A”. 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: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto AN Sage Meany McGregor Ference Grech  FIRST AMENDMENT TO AGREEMENT FOR THE ESTABLISHMENT OF AN OFF-LEASH DOG PARK BETWEEN THE CITY OF BROOK PARK, THE CITY OF BEREA AND THE CITY OF MIDDLEBURG HEIGHTS THIS FIRST AMENDMENT TO AGREEMENT made at Middleburg Heights, Ohio, this day of 2022, by and between the CITY OF BROOK PARK, Ohio, hereinafter designated as “Brook Park”, and the CITY OF BEREA, Ohio, hereinafter designated as “Berea”, and the CITY OF MIDDLEBURG HEIGHTS, Ohio, hereinafter designated as “Middleburg Heights”. WITNESSETH: WHEREAS, through adoption of Ordinance No. 2021-48 on June 22, 2021, the City of Middleburg Heights City Council authorized a Memorandum of Understanding with neighboring municipalities for the establishment of an off-leash dog park located in the City of Middleburg Heights; and WHEREAS, the City of Middleburg Heights entered into a Memorandum of Understanding with the City of Brook Park on October 26, 2021, and with the City of Berea on October 27, 2021, and WHEREAS, at that time, the cities agreed to the creation and appointment of a Dog Park Advisory Board; and WHEREAS, based upon discussions with representatives of the respective cities, it is necessary to amend the provision relating to the number of appointments to the Dog Park Advisory Board. NOW, THEREFORE, in consideration of the premises and the mutual covenants set forth in the Agreement and herein, it is agreed as follows: 1. Article 9 of the Agreement be and is hereby amended to read as follows: 9. A Dog Park Advisory Board (“Board”) shall be created, each member appointed for a two (2) year term, and appointed as follows: A. One (1) member appointed by the Mayor of a participating municipality; B. One (1) member appointed by the Middleburg Heights Mayor. C. The Middleburg Heights City Parks, Recreation and Services Committee will oversee the Dog Park Advisory Board. A “participating municipality” is a municipality that has entered into an agreement with the City of Middleburg Heights for the establishment or use of an off the leash dog park located in the City of Middleburg Heights.  The Board shall elect at its first meeting, and thereafter at its first meeting of each year, a Chair, Vice Chair, and Secretary. 2. The First Amendment to Agreement amends, modifies, and supplements the Agreement only as specifically set forth herein. All rights and obligations of Brook Park, Berea, any additional participating municipalities and Middleburg Heights under the Agreement and all other provisions not specifically amended herein remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement the day and year first above written. CITY OF BROOK PARK: CITY OF BEREA: By: Michael Gammella By: Cyril Kleem Title: Mayor Title: Mayor CITY OF MIDDLEBURG HEIGHTS: By: Matthew Castelli Title: Mayor  Delivered mar o 3 ?o?z CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- Introduced By: Mr. AN Co-Sponsors: Mr. Ference, Mr. Sage AN ORDINANCE ENACTING CHAPTER XXX OF THE MIDDLEBURG HEIGHTS CODIFIED ORDINANCES ENTITLED DOG PARK ADVISORY BOARD” 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 entitled “Dog Park Advisory Board” is hereby enacted to read as set forth in the attached “Exhibit A”. 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: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto All Sage Meany McGregor Ference Grech  Dog Park Advisory Board xxx.xx Establishment; purpose. xxx.xx Membership. xxx.xx Terms. xxx.xx Meetings. xxx.xx Functions. xxx.xx By-Laws; Rules of Operation. xxx.xx Establishment; Purpose. The Middleburg Heights Dog Park Advisory Board is hereby established to serve in an advisory capacity to the Mayor and Council on issues related to the health and welfare of humans and animals as they interact in our community. xxx.xx Membership. The Middleburg Heights Dog Park Advisory Board shall be composed of one (1) member appointed by the Mayor of a participating municipality and one (1) member appointed by the Middleburg Heights Mayor. The Middleburg Heights City Parks, Recreation and Services Committee will oversee the Dog Park Advisory Board. A "participating municipality" is a municipality that has entered into an agreement with the City of Middleburg Heights for the establishment or use of an off the leash dog park located in the City of Middleburg Heights. xxx.xx Terms. Board members shall serve a term of two years and receive no compensation for service. xxx.xx Meetings. The Middleburg Heights Dog Park Advisory Board shall hold meetings on a regular basis, as determined by the Board, but not less than once per year. The Board shall elect at its first meeting, and thereafter at its first meeting of each year, a Chair, Vice Chair, and Secretary. All meetings shall be open to the public. xxx.xx Functions. The Board shall hear suggestions and recommendations of the Berea Barkers, Brook Park Barkers, and other volunteer organizations and be charged with assisting the Cities by providing recommendations regarding the following: By laws/rules for the Dog Park; propose capital improvements for the Dog Park; and suggestions for the safe and orderly operation of the Dog Park. The Middleburg Heights Dog Park Advisory Board shall be advisory and shall coordinate its activities with the Administration and Council. The Board shall report to Council and the Mayor at the request of either or at its own discretion. xxx.xx By-Laws; Rules of Operation. By-Laws and general rules of operation are the responsibility of the City of Middleburg Heights. Such bylaws and rules shall be consistent with this Chapter. A OEUVERED MAR- o 3 2J22 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Grech AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE NORTHEAST OHIO REGIONAL SEWER DISTRICT FOR THE COMMUNITY COST-SHARE X-TREME VAC LEAF COLLECTION VEHICLE PURCHASE WHEREAS, the NEORSD manages a financial account termed the “Community Cost-Share Account” that is for the aggregation and dissemination of funds from revenues collected from the Stormwater Fee; and WHEREAS, the purpose of the Community Cost-Share Account is to provide funding to assist the City with District approved projects through the Community Cost Share Program; and WHEREAS, the Community Cost-Share Program funds are used for construction, operation, and maintenance of the Local Stormwater System or Regional Stormwater System, including administrative costs directly associated with such projects as well as costs related to repair or upgrade; and WHEREAS, the District supports the Community Cost-Share X-Treme Vac Leaf Collection Vehicle purchase as a Community Cost-Share project proposed by 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 is hereby authorized to enter into an agreement with the Northeast Ohio Regional Sewer District for the Community Cost-Share Xtreme Vac Leaf Collection Vehicle purchase, a copy of which is attached hereto and marked “Exhibit A”. 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: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto All Sage Meany McGregor Ference Grech  COMMUNITY COST-SHARE AGREEMENT BY AND BETWEEN THE NORTHEAST OHIO REGIONAL SEWER DISTRICT AND CITY OF MIDDLEBURG HEIGHTS This Agreement is made and entered into this day of ,2022 by and between the Northeast Ohio Regional Sewer District (District) acting pursuant to Resolution No. 114-13, adopted by the Board of Trustees of the District on May 16, 2013 (Exhibit “A”), and City of Middleburg Heights acting pursuant to Ordinance/Resolution No. ,adopted on ,20 (Exhibit “B”). Recitals WHEREAS,the District, as a component of implementing a regional stormwater management program, manages a financial account termed the ‘''Community Cost-Share Account” that is for the aggregation and dissemination of funds derived from revenues collected from the Stormwater Fee; and WHEREAS,the purpose ofthe Community Cost-Share Account is to provide funding to assist the City with District-approved projects through the Community Cost-Share Program; and WHEREAS,the Community Cost-Share Program funds are used for construction, operation, and maintenance of the Local Stormwater System or Regional Stormwater System, including administrative costs directly associated with such projects as well as costs related to repair or upgrade; and WHEREAS,the District supports the Community Cost-Share X-Treme Vac Leaf Collection Vehicle purchase (the “Project”) as a Community Cost-Share project proposed by the City; and NOW THEREFORE,in consideration of the foregoing, the payment and the mutual promises contained in this Agreement, the parties agree as follows: Article 1.0 City Obligations 1.1 The City agrees to perform as follows: 1.1.1 Complete work as detailed in the District approved Community Cost-Share application.(Exhibit “C”) 1.1.2 Complete and submit Progress Reports when submitting Request for Payment as needed, or within 30 days of close of the Project, per Section 5.0 of the Community Cost-Share Program Policy. 1  1.1.3 Notify the City’s Watershed Team Leader at least 7 business days prior to the start of the Projeet. 1.1.4 Meet with District staff when requested to review the Project status. 1.1.5 Obtain all necessary legal agreements with affected property owners to perform the Project and to bind any successor in title to maintain compliance as specified in this Agreement between the District and City for the Project. 1.1.6 Comply with all applicable local, state and federal requirements. This may include, but is not limited to, U.S. Army Corp of Engineers Section 404, Ohio EPA Section 401 water quality certification, and Ohio Department of Natural Resources Dam Safety Laws. 1.1.7 If the City fails to maintain the Project in accordance with this Agreement, the City shall be liable for the full amount of any Community Cost-Share Program funds paid for the Project. Such amount shall be offset against the City Community Cost-Share Account. 1.1.8 Submit requests for approval to modify the budget, deadline, deliverables, or other components of the Project to the City’s Watershed Team Leader at least 30 business days prior to the desired date of execution ofthe modification. 1.1.9 Acknowledge the District on any public advertisement or outreach efforts including all publications and signage related to the Project which shall include the following disclaimer: This project was funded in part or totally through the Northeast Ohio Regional Sewer District(NEORSD) Community Cost-Share Program in coordination with City, under the provisions of the NEORSD Regional Stormwater Management Program. The contents and views, including any opinions, findings, or conclusions or recommendations, contained in this publication are those of the authors and have not been subject to NEORSD review and may not necessarily reflect the views of NEORSD, and no official endorsement should be inferred. 1.1.10 Provide the District the opportunity to have design approval for any signage or public education and outreach efforts related to the Project. 1.1.11 Permit the District to photograph the Project and to incorporate the Project into the District’s overall public education and outreach efforts for stormwater management. 1.2 Failure to meet any of the requirements listed in Article 1.1 may result in termination of this Agreement and reimbursement of disbursed funds to the District. 2 Article 2.0 District’s Obligations 2.1 The District agrees to perform as follows: 2.1.1 Allocate $234,964.16 to the City for the Project from the City’s Community Cost- Share Account. 2.1.2 Provide reimbursement offunds up to $234,964.16 to the City within 60 days of receipt of a complete Request for Payment from the City, detailing costs related to the Project. 2.1.3 Timely review and approval or disapproval of requests to modify the budget, deadline, deliverables, or other components of the Project. 2.1.4 Acknowledge the City in presentations or publications related to the Project. Article 3.0 Dispute Resolution 3.1 The Parties shall continue the performance of their obligations under this Agreement notwithstanding the existence of a dispute. 3.2 The Parties shall first try to resolve the dispute at the level of the designated representatives as follows: District Representative City Representative Watershed Team Leader Director of Public Service If the Parties are unable to resolve the dispute at that level within ten (10) working days, the Parties shall escalate the dispute to the following level to resolve the dispute: District Representative City Representative Director of Watershed Programs Mayor 3.3 If the Parties remain unable to resolve the dispute within an additional ten (10) working days, the Parties shall proceed to mediation upon request by either party. The mediator shall review all documents and written statements, in order to accurately and effectively resolve the dispute. The mediator shall call a meeting between the Parties within ten (10) working days after mediator appointment, which meeting shall be attended by at least the respective representatives listed in paragraph 3.02 above. The Parties shall attempt in good faith to resolve the dispute. The Parties agree to follow the Uniform Mediation Act, 3  Chapter 2710 of the Ohio Revised Code. The Parties shall share the cost of the mediator equally. 3.4 Such mediation shall be non-binding between the Parties and, to the extent permitted by law, shall be kept confidential. If the dispute is resolved and settled through the mediation process, the decision will be implemented by a written agreement signed by both Parties. If the dispute is unable to be resolved through mediation, the Parties agree to submit the dispute to the appropriate jurisdiction as per Article 4, Remedies, below. Article 4 Remedies 4.1 The Parties agree that, after exhausting the dispute resolution process outlined above, all claims, counter-claims, disputes and other matters in question between the Parties arising out of or relating to this Agreement, or the breach thereof, will be decided at law. This Agreement shall be governed by and interpreted according to the laws of the State of Ohio. Article 5 Counterpart Signatures 5.1 This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but which counterparts when taken together shall constitute one Agreement. Article 6 Governing Law 6.1 The terms and provisions of this Agreement shall be construed under and governed by the laws of Ohio (to which all Parties hereto consent to venue and jurisdiction). Article 7 Disclaimer of Joint Venture 7.1 This Agreement is not intended to create a joint venture, partnership or agency relationship between the Parties, and such joint venture, partnership, or agency relationship is specifically hereby disclaimed. Article 8 Authority to Execute 8.1 Each person executing this Agreement represents and warrants that it is duly authorized to execute this Agreement by the party on whose behalf it is so executing. Article 9 Exhibits The following exhibits are attached hereto and incorporated herein: Exhibit “A”- District Resolution Exhibit “B”- City Ordinance/Resolution Exhibit “C”- District-Approved Community Cost Share Application 4  The parties have executed this Agreement on the day and year first above written. NORTHEAST OHIO REGIONAL SEWER DISTRICT BY: Kyle Dreyfuss-Wells Chief Executive Officer AND BY: Darnell Brown, President Board of Trustees CITY OF MIDDLEBURG HEIGHTS By: Title: The Legal Form and Correctness of this Instrument is hereby Approved: CITY OF MIDDLEBURG HEIGHTS Assistant/Director of Law This Instrument Prepared By: Katarina K. Waag Assistant General Counsel Northeast Ohio Regional Sewer District Each party agrees that this Agreement may be executed and distributed for signatures via email, and that the emailed signatures affixed by both parties to this Agreement shall have the same legal effect as if such signatures were in their originally written format. 5 [FOR NEORSD USE] AGREEMENT NO. CERTIFICATION NORTHEAST OHIO REGIONAL SEWER It is hereby certified that the amount required to DISTRICT meet the contract, agreement, obligation, payment WITH or expenditure, for the above, has been lawfully CITY OF MIDDLEBURG HEIGHTS appropriated or authorized or directed for such purpose and is in the Treasury or in process of FOR collection to the credit ofthe fund Ifee from any COMMUNITY COST-SHARE PROJECT: obligation or certification now outstanding. X-TREME VAC LEAF COLLECTION VEHICLE Total Approximate Cost: $234,964.16 KENNETH J. DUPLAY CHIEF FINANCIAL OFFICER Date The legal form and correctness ofthe within instrument are hereby approved. ERIC J. LUCKAGE CHIEF LEGAL OFFICER Date Budget Center 8100 6  ^^fUVERED MAR 0 3 ?fl?3 City of Middleburg Heights, Ohio Ordinance No. 2022- 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 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 - Service - Salt Dome Repairs (Ins. Reimb.) $ 40,000.00 Capital - Service - Sidewalk Snow Removal Equipment $ 70,000.00 Total Increase to the Capital Improvements Fund $ 110,000.00 Section 2. 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 Streets/Infrastructure Imp. Fund: Increase Description (Decrease) Streets - Advance Repayment - Property acquisitions Big Creek Detention Basins $ 255,000.00 Total Increase to the Streets/Infrastructure Imp.Fund $ 255,000.00 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 public, 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 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  Delivered mar o 3 2022 City of Middleburg Heights, Ohio Ordinance No. 2022- Introduced by: Mr.Bortolotto, Mr. Meany,and Mr. Grech AN ORDINANCE REMOVING SPECIAL ASSESSMENTS PREVIOUSLY LEVIED FOR CERTAIN SPECIAL ENERGY IMPROVEMENT PROJECTS IN THE CITY OF MIDDLEBURG HEIGHTS,OHIO IN COOPERATION WITH THE NORTHEAST OHIO ADVANCED ENERGY DISTRICT AND BAGLEY AHI,LLC,AND DECLARING AN EMERGENCY WHEREAS,on May 7, 2020, the Council of the City of Middleburg Heights (the “City”) adopted Ordinance No. 2020-41 approving a Petition to Add Territory to the Northeast Ohio Advanced Energy District and for Special Energy Improvement Project(the “Petition”) submitted by Bagley AHI,LLC (the “Owner”); and WHEREAS,on May 7, 2020, this Council adopted Ordinance No. 2020-42 and Ordinance No. 2020-43 and determined to proceed with the special energy improvement projects described in the Petition (the “Project”) and levied special assessments for the purpose of paying costs of acquiring, constructing, and improving the Project (the “Special Assessments”), all as requested in and described in the Petition; and WHEREAS,as requested in the Petition, the Special Assessments were levied against and allocated among two parcels of real property, as of the date of the Petition bearing Cuyahoga County Fiscal Officer parcel identification numbers 373-01-039 (the “Retail Parcel”) and 373-01- 040 (the “Hotel Parcel”); and WHEREAS, under Ordinance No. 2020-43 this Council further approved and authorized the execution and delivery of an Energy Project Cooperative Agreement (the “Energy Project Cooperative Agreement”) between the Owner, Twain Funding 1 LLC (as the assignee of Twain Community Partners III LLC, “Twain”), the City, and the Northeast Ohio Advanced Energy District(the “AED”)and a Special Assessment Agreement(the “Special Assessment Agreement”) between the County Treasurer of Cuyahoga County, Ohio, the Owner, Twain, the City, and the AED with respect to the financing ofthe Project with the Special Assessments; and WHEREAS,as provided in the Energy Project Cooperative Agreement, as of February 8, 2022, the Owner has prepaid to Twain all amounts outstanding with respect to the Retail Parcel, and the Owner and Twain have notified the City and the AED,and the AED has notified the City, that all installments of the Special Assessments with respect to the Retail Parcel to be due and collected after February 8, 2022 should be reduced to $0.00 and removed from the Retail Parcel; and WHEREAS,this legislation is to reduce the amount ofthe Special Assessments previously levied on the Retail Parcel to $0.00 and to cause the Cuyahoga County Fiscal Officer to remove the special assessments from the tax bills for the Retail Parcel.  NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Middleburg Heights, State of Ohio: SECTION 1. Each capitalized term not otherwise defined in this Ordinance or by reference to another document shall have the meaning assigned to it in the Energy Project Cooperative Agreement. SECTION 2. Based solely upon the notifications ofthe Owner, Twain, and the AED that the portion of the Project Advance associated with the Retail Parcel has been prepaid in full and on their request that all Special Assessments previously levied on the Retail Parcel be reduced to $0.00 and removed from the Retail Parcel, the aggregate Special Assessments previously levied by this Council on the Retail Parcel and certified to the Cuyahoga County Fiscal Officer for collection are hereby reduced to $0.00, and the Clerk of this Council and the Finance Director of the City are hereby authorized to take any action necessary to cause the Special Assessments previously levied on the Retail Parcel to be reduced to $0.00 and removed from the Retail Parcel in the records of the Cuyahoga County Fiscal Officer. SECTION 4. In compliance with Ohio Revised Code Section 319.61, the Clerk of the Council is directed to deliver a certified copy of this Ordinance to the Cuyahoga County Fiscal Officer within 20 days after its passage. SECTION 5. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety, and welfare ofthe City and for the further reason that this Ordinance is required to be immediately effective in order to certify the appropriate reduction in the Special Assessments on the Retail Parcel to the Cuyahoga County Fiscal Officer in order to effect such reduction prior to the preparation ofreal property tax bills for the second-half of tax year 2021, collection 2022; wherefore this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor. PASSED: ,2022 PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR ,2022 APPROVED ON: ,2022 YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH  RECEIPT OF FISCAL OFFICER FOR LEGISLATION REMOVING SPECIAL ASSESSMENTS PREVIOUSLY LEVIED FOR CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF MIDDLEBURG HEIGHTS. OHIO IN COOPERATION WITH THE NORTHEAST OHIO ADVANCED ENERGY DISTRICT I, Michael Chambers,the duly appointed, qualified, and acting Fiscal Officer in and for Cuyahoga County, Ohio hereby certify that a certified copy ofOrdinance No. duly passed by the Council of the City of Middleburg Heights, Ohio on ., 2022, reducing special assessments for the purpose of acquiring, constructing, and improving certain public improvements in the City of Middleburg Heights, Ohio in cooperation with the Northeast Ohio Advaneed Energy District to $0.00, was filed in this office on ,2022. WITNESS my hand and official seal at Cleveland, Ohio on 2022. Fiscal Officer [SEAL] Cuyahoga County, Ohio  CoPi^ A'VA\uy5 )5Lr VIA li- delivered mar 0 3 2G22 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2022- Introduced By; Mr. Grech Co-Sponsors: Mr. Bortolotto, Mr. Ference AN ORDINANCE ADOPTING A REVISED ZONING CODE AND A REVISED ZONE MAP OF THE CITY OF MIDDLEBURG HEIGHTS, OHIO AND REPEALING ORDINANCE NO. 1982-170 AND ALL AMENDMENTS THERETO WHEREAS, Professional Planning and Zoning Consultant, Stewart Land Use, has reviewed and recommended revisions to update the existing zoning code and zone map of the City; and WHEREAS, Council Zoning & Building Code Committee has reviewed the recommended revisions to the zoning code; and WHEREAS, the Planning Commission has reviewed the proposed revised zoning code and recommends the revised zoning code as hereinafter set forth be adopted by Council; and WHEREAS, notice of a public hearing on the revised zoning code of the City has been duly given and a full public hearing has been had thereto pursuant to such notice and as prescribed by law; and WHEREAS, Council deems that the revised zoning code as hereinafter set forth and the revised zoning map should be adopted and that the same is conducive to the public health, safety, and general welfare of the municipality. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the revised zoning code of the City as attached hereto, is hereby adopted, and the revised zoning map as attached hereto, is hereby adopted. Section 2; That Ordinance No. 1982-170, the existing zoning ordinance of the City and all amendments thereto and zoning map made a part of Ordinance No. 1982-170 are hereby repealed. 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 City of Middleburg Heights DRAFT Zoning Proposed 2022 Zoning Districts - Zoning Code(# of Districts) I R1-A-One FamilyA(129) 'I ^ R2-F - Two Family Townhouse (23) _ I R1-C - One Family Cluster Units (3) HBH RMF - MULTIFAMILY??(19) RSL-SENIOR LIVING?? (4) O - Ofice (36) GB - General Business(62) R-A-RS - Restuarant - Amusment - Recreational Service (1) Gl - General Industrial (15) PI - ???(35) I 1 j PMU-???(10) I Rail Road (8) 0 1,000 2,000 Feet IRS WSSSSSSS N A County Planning