City Council

City of Middleburg Heights, Ohio Council Agenda May 10,2022 6:55 P.M.PUBLIC HEARING ORDINANCE NO.2022-16 WX2Development,Southland 7:00 P.M.REGULAR MEETING • CALL TO ORDER • ROLL CALL • PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of April 26, 2022 Minutes ofthe Public Hearing ofApril 26,2022 COMMUNICATIONS Notice to Legislative Authority from Ohio Division of Liquor Control requesting new liquor permit for Heinen’s Inc. Email from Chief Tomba stating no objections. 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 Conunittee — 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 MAY 10, 2022 PAGE 2 2022 PENDING LEGISLATION 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 (Planned Mixed Use District) - WXZ Development, Southland (First reading and referred to Planning Commission 2/22/22, Second reading 3/8/22, Public Hearing 5/10/22) ORDINANCE NO.2022-24-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 (First reading and referred to Planning Commission 3/8/22, Second reading 3/22/22), Public Hearing 5/24/22) UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN ALI An Ordinance authorizing the creation of a Tri-City Bark Park Fund for the City of Middleburg Heights. INTRODUCED BY MAYOR CASTELLI 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.  City of Middleburg Heights, Ohio Council Agenda MAY 10, 2022 PAGES ZONING & BUILDING CODE COMMITTEE - Mr. Grech. Chairman 9-24-19 Discussion regarding ordinance regulating fences 11-23-21 Rezoning application received from MVAEI Holding EEC to rezone property on Pearl Road for a senior independent living development FINANCE. TAXATION & ASSESSMENTS COMMITTEE - Mr. Bortolotto. Chairman CITY PARKS. RECREATION & SERVICES COMMITTEE - Mr. Ali. Chairman 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 Tenn Limits PUBLIC HEALTH. SAFETY & RELIEF COMMITTEE - Mr. McGregor. Chairman 9-22-20 Hotel/Motel Security Legislation PUBLIC IMPROVEMENTS COMMITTEE - Mr. Dan Sage. Chairman STREETS. UTILITIES & RAILROAD COMMITTEE - Mr. Meanv. Chaimian 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 V OHIO DIVISION OF LIQUOR CONTROL NOTICE TO LEGISLATIVE 6606 TUSSING ROAD, P.O. BOX 4005 AUTHORITY REYNOLDSBURG, OHIO 43068-9006 (614)644-2360 FAX(614)644-3166 TO 37269591000 NEW HEINENS INC PFBMIT MIIMBFH TVPF 15300 E BAGLEY RD MIDDLEBURG HGTS OH 44130 1S1IE 16OATF 12022 Fii mn riATF D1 PERMIT CLASSES 18 352 C D34451 TAX niFTHirT J1EC6JPT Rfl FRONI 04/20/2022 PERMIT MIIMBPP TYPP lyuE O^Tg PILING DATF PERMIT CLAS.SES TAX ni«;TfllGT RPCFIPT MAILED 04/20/2022 RESPONSES (MUST BE POSTMARKED NO LATER THAN. 05/23/2022 IMPORTANT NOTICE PLEASE COMPLETE AND RETURN THIS FORM TO THE DIVISION OF LIQUOR CONTROL WHETHER OR NOT THERE IS A REQUEST FOR A HEARING. REFER TO THIS NUMBER IN ALL INQUIRIES C NEW 3726959-1000 (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. I I 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) □ Clerk of City Council □ Township Fiscal Officer CLERK OF MIDDLEBURG HGTS CITY COUNCIL ATTN! CLERK OF COUNCIL 15700 BAGLEY RD MIDDLEBURG HEIGHTS OHIO 44130 OIC 4052 REV. 03/0 9 Mary Ann Meola From: Edward Tomba <etomba@middleburgheights-oh.gov> Sent: Monday, April 25, 2022 4:27 PM To: Mary Ann Meola Subject: Re: New Liquor Permit - Heinen's Attachments: 20220523_D34451.pdf No objection to the C permit application request. Ed Tomba On Apr 25, 2022, at 1:07 PM, Mary Ann Meola <mmeola(5)mbhts.com> wrote: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Chief, Attached please find a notice from the Ohio Division of Liquor Control regarding a new liquor permit for Heinen's, located at 15300 E. Bagley Road. Please let me know by Monday, May 2"'^ if you have any objections. Thanks, Mary Ann 1  DELIVERED MAY fl 5 20?2 City of Middleburg Heights, Ohio Ordinance No. 2022- Introduced by: Mr. Ali, Mr. Ference, and Mr. Sage AN ORDINANCE AUTHORIZING THE CREATION OF A TRI-CITY BARK PARK FUND FOR THE CITY OF MIDDLEBURG HEIGHTS WHEREAS, the Cities of Middleburg Heights, Berea and Brook Park entered into a Memorandum of Understanding for the establishment of an off-leash dog park located in the City of Middleburg Heights; and WHEREAS, it is the intent of the Dog Park Advisory Board to establish a fund into which funds could be deposited by any and all contributors; and WHEREAS, Ohio Revised Code Section 5705.09 authorizes the creation of special funds. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,CUYAHOGA COUNTY,STATE OF OHIO: Section 1. That there is hereby established a special Tri-City Bark Park Fund to account for donations and contributions to be used for improvements to the City’s dog park. 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. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH  delivered may 0 5 m City of Middleburg Heights, Ohio Ordinance No. 2022- Introduced by: Mayor Castelli 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 General Fund: Increase Description (Decrease) Law/HR - Wages & Fringe Benefits $ (63,497.50) Law/HR - Other - HR Consulting 63,497.50 Total Change to the General Fund $ 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 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