City Council

City of Middleburg Heights,Ohio Council Agenda November 8,2022 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of October 25,2022 COMMUNICATIONS TREX request from Ohio Department of Commerce for El Torito Tacos, 7523 Pearl Road. No objections from Chief Tomba. 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 NOVEMBER 8,2022 PAGE 2 UN-NUMBERED LEGISLATION INTRODUCED BY MR.BORTOLOTTO An Ordinance to make supplemental appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2022. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor to file an application with the Cuyahoga County Department of Development for a Community Development Block Grant (CDBG) through the 2022 Cuyahoga County Municipal Grant Program and declaring an emergency. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor to file an application with the Cuyahoga County Department of Development for a grant through the 2023 Community Development Supplemental Grant Program and declaring an emergency.  Division Use Oniy Department Check #: Permit # of Commerce # of Checks: Division of Liquor Control Check Amt:. ECONOMIC DEVELOPMENT TRANSFER FORM (TREX) Ohio Revised Code 4303.29(B)f2Ubi READ BEFORE YOU START THIS APPLICATION Certain permits in Ohio are subject to a quota based upon a formula that factors in the total population of the city, village, or township where the permit will be issued and a ratio, specific to particular permit classes, as set forth in Ohio law (Learn more in our Quota Resource G^, where it When transfernng is currently issued,athere specific mustquota permit (I.e., D-1, D-2, etc.) that will move locations to a NEW city, village, or township from be available spots in that new quota before the Division can process the transfer. If, for a particular quota pertmt clas^ there are NO spots available in the new quota, then the applicant has a few choices as discussed in our TRE>< Respurqq Quiqe. This form covers the specifio permit classes that can be TREX’d under the Ohio law provision noted at the top of this appiicaUon. A few things to understand before proceeding with the TREX option are that: Idddowco process the TREX transfer application if the city, village, or township where the permit will transfer to APPROVES the transfer as an economic development project. our form below in Section E. The city, village, or township can document its approval rr by/ signing » a • ONLY after we receive this completed form with the transfer application will the Division Superintendent review it for processing. • The city, village, or township, despite approving the TREX transfer can stiO object to the issuance of your permit at the applied for locatioti and the applicant must still be WET (Review our Local Potion Election Guide for more information)for the requested sales at tnat address and meet all other rules and regulations before the permlt(s) can be issued at that new location. For this form to be deemed complete, you must fully and legibly complete this application, including: • Answering all required quesUons (“" indicates a required field); • Submitting this application with your Transfer Application; and • Securing signatures from the appropriate local government officials listed below. SECTION A - Issued Permit Holder Information (I.e. Seller) * This section MUST be completed. * Issued Permit Holder’s Business Name as on File with the Division: * Issued Permit Holder#: Stephanie Elverd 2458387 SECTION B - New Business Owner's information (i.e., Buyer) □ N/A-Seller REMAINS the owner and is ONLY moving locations. * ONLY fill out this section if the ownership and location is changing. * Business Entity or Sole Proprietor Name CApplicant“) (MUST match name listed on transfer application): El Torito Tacos LLC Section C - New Permit Premises Address Information * This section MUST be compieted. * New Permit Premises Address: 7523 Pearl Road * New Township (if outside city limits): * New City: * New County: Middleburg Heights [Cuyahoga Licensing New & Transfer Section 614 I 644 3155 6606 Tussing Road PO Box 4005 Page 1 of 4 Fax 614 I 728 1283 Reynoldsburg, OH 43068-9005 U.S.A. TTYn-DD 800 | 750 0750 An Equal Opportunity Employer and Service Provider www.com.ohio.gov  Sf:C1 ION D - Trflnsforrptl Poiniils siiUji-ct lo 1 RliX :-i\ lon i,loni:t,r'. Hw /U'lnn! /ISM-S Ui.il ,1111 lifiiii; li.tii:ilL'livU inlii ,i NI:W n'.y {;■ in.-.iv.iui' i .Inti :i-'S T'.i'if-'iif Aijitl.yr,, ■o'l /.'III,' RBQUIRli 1RF\ till lin/ii Ihii lfH-:il iiin',>fnninitl r,llu i,,i ltph,\v Si'irrl llio Pf 'niil Typpisl hoimj Imnsfoiietl lluil tifoil lo l)i> IHFX'd ■ ' r- 1 i C-;’ • n I ;• n • 1) 1 1 i) -fi ■ Noi? .ibovr- vf'f T'’ •' I’'*" lhal arp no! l,itod i'. m.s Miinpd'l'm X ■'MPlK^.'ilion (Dl C <n?0) Hint you niu;,l scntl i pL’HipriibL'i this ioiin I'Of.iiiSL' Ihi' s ONl.'i for tnase ppmut ('lassus lluit iiio siilijeot lo Ihi.- (|uoi,'i ;hk1 v.-ould require TREX siqn off 1 1 , ,- 1 I P‘’"”'ls avuiliibie for the piven class in IHu NEW locality wlir,-n the tr,-jn;;for i<. fhecf For e-rinin e buLui -^0 D^^ emt, rin1r\ u poniiiis in ttiis biluaiioa 'nllie'' '’"i'”" only iieimil class Ihtil would REQUIRE I'RCX r.irjn-off is the D-2 SoclloM E - Inforinniion iMnt MAY be Used to Determine if llio Transfer is an Economic Dovolopmont Project actor,n,n,ro if ,t shouH ariitn '‘T'l ‘‘‘’‘"'r’'" '"e'' V'UPgo or Township) can use wher, i-e le 'siahve n honn ‘ ‘ Development Protect While ilie law provides broad discretion lo I cecisi'on mclode the ' '' “Seftil to the legislative authority in making Us (Lf • Total amount inveslt.-J ,n itns iitojecl S -lUld 1 • Tola! number of )Ofcs that will be created by tins proieci b • Existing or estimaiecf Tax Revenue generated by this projecl <- Ohio Unemployment Tax ' Property Tax 5 >- Sales Tax s-L81ii^fc 7 jX/: iiMik ^ Slate Withholding Tax > Other. slj00(] Pfrnrtn(\l|] M/KLz: f SKs?neL)'Jra ‘^?'°oftuLrg'S/d3gVS LIQ-18-G020 DICA2A4_JH£X i'ri;i,' 2 III ,| Updaled 0/2/22 V Ohio Depailmenl of Comnieice Section F - Applicant Signature ■ This section MUST be signed by either the applicant in: > Section A if the seller REMAINS the owner of the permit and is ONLY moving the permit address to a NEW city, village, or township from where it is currently issued; OR V Section B if the ownership of the permit Is changing AND the new permit address will be in a NEW city, village, or township from where the peimil is cunently issued. By signing below, I certify and understand that: * I have authority to execute this document; • The information provided is true, correct, and complete to the best of my knowledge and belief; • Failing to complete this form, consistent with the above listed instructions, will result in this form and/or transfer ^ application being returned to me, unprocessed, until a corrected, complete application is received by the Division, • During the review of this form and/or my transfer application, further documentation may be needed, and I agree to comply timely and understand that failure to comply could delay the processing of my application; • Even if the city, township, or village approves my TREX transfer application, the Division MUST still notify the applicable legislative authority about your transfer application and that legislative authority has the right to object to the issuance of the permit even for those permit classes that it approved as part of this TREX process; AND . If this TREX form Is required, the Division CANNOT process the transfer application until it Is submitted with this completed (in its entirety) and signed form. If (Signature of individual. Partner, Officer, Managing Member, or 5% or more Shareholder or Member) Felipe De Leon Gomez (Please Print Name) (Title) ‘ (Date) (Street Address, City, State, 2ip Code) (Telephone with Area Code) LIQ-18-0020 DLC 4244_TREX Pago 3 of 4 Updated 9/2/22  J Ohio Department of Commerce SECTION G - NEW City, Village, or Township Signature * This section MUST be completed by the City, Village or Township in which this Economic Development Project(TREX)will be located. Legislative offidals who can sign this section are, as applicable, the/a: • Mayor, • City Council Member, • Law Director, • Clerk of Council, • Township Fiscal Officer, • County or Township Trustee Board Member; or • Other legislative office holder not specified with the authority to act on behalf of the applicable jurisdiction where the permit will be located. THE APPLICANT MUST PROVIDE AN EXECUTED COPY OF THIS FORM WITH ITS TRANSFER APPLICATION. The City, Village or Township of Middleburg Heights [.,35 considererj the above-named applicant's TREX application consistent with the factors outlined in R.C. 4303.29(B)(2)(b) and hereby agrees and accepts that this transfer will be an economic development project within its jurisdiction. By signing this form. I. the city, village, or township official listed below, acknowledges and understands that • I have the authority on behalf of my local government to sign this form; • My signature, on behalf of my jurisdiction, means the Division can continue to process the applicant's transfer application for the applicable TREX'd permit classes; • The city, village, or township will still be notified about the potential issuance of this permit and that it retains the right to object to this transfer for any and all permit classes applied for by the applicant; • Once the applied for permit classes are transferred to the applicant within the city's, village's, or township's jurisdiction, the permit can then be transferred to other owners at the same location or to other locations within the city, village, or township by either the current or future owners subject to notice and hearing provisions under R C. 4303.26; • The TREX process ONLY contemplates the Division's ability to start processing the applicant's transfer application for the affected permit classes, the applicant MUST still meet any rules and regulations before the permit can be issued and the new location must also be wet for the type of permit classes that the applicant seeks to operate at the new location; and • If is within the city, village, or township's sole discretion, consistent with Ohio law, to decide whether to approve the applicant's TREX application as an economic development project. (Signature of Local Official specified above) (Please Print Name) (Title) (Date) (Government Email Address) (Telephone with Area Code) Applicant MUST submit the transfer application, this TREX form, and For Questions call (614)644-3155 any other required forms to: Or email fileinquirv@com.ohio.aov Ohio Department of Commerce- Division of Liquor Control c/o Licensing New & Transfer Section Office Hours; 8:00 a.m. - 5:00 p.m. EST 6606 Tussing Road Reynoldsburg, OH 43068-9005 LlQ-18-0020 DLC 4244_TREX Page 4 of 4 Updated 9/2/22 Subject: Re: Liquor permit-7523 Pearl Road Date; Tuesday, October 25, 2022 at 4:13:58 PM Eastern Daylight Time From: Edward Tomba To: Sherri Menoes Attachments: TREX.pdf I have no objection to the liquid permit request from 7523 Pearl Road Ed Tomba On Oct 25, 2022, at 3:46 PM,Sherri Menoes <smenoes@middleburgheights.com> wrote: Attached please find a corrected TREX application for El Torito Tacos LLC, please note the correction to the permit premises address. The address was originally listed as 7501 Pearl Road which is the location of Rock City Dance studio. Please update your recommendation to reflect the corrected address of 7523 Pearl Road for El Torito Tacos. Thank you. Santo Sherri Menoes Law Department City of Middleburg Heights 15700 Bagley Road Middleburg Heights, OH 44130 440-234-8811 ext. 1226 smenoes(a)middleburgheights.com From: Edward Tomba Date: Tuesday, October 25, 2022 at 10:31 AM To: Sherri Menoes <smenoes@middleburgheights.com> Cc: Mary Ann Meoia <mmeola(5)mbhts.com> Subject: Liquor permit-7501 Pearl Road I have no objections to the liquor permit request relative to the property at 7501 Pearle Road (El Torito Tacos LLC) Edward J. Tomba Chief of Police  OELIVEf^^D MOV 0 3 20?1 City of Middleburg Heights, Ohio Ordinance No. 2022- Introduced by: Mr. Bortolotto, Mr. Meanv, 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 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) Gen. Govt. - Other - Misc. Contr. Services - Sheldon Road ADA Curb Ramp Eng. 7,630.00 Total Increase to the General Fund 7,630.00 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. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH  EUTHENICSl I September 20,2022 Mr. Edward Orcutt, Mayor City of Brook Park 6161 Engle Road Brook Park, Ohio 44142 And Mr. Matthew J. Castelli, Mayor City of Middleburg Heights 15700 Bagley Road Middleburg Heights, Ohio 44130 Re: Sheldon Road Resurfacing-Additional Right-Of-Way for ADA Curb Ramps Dear Mayor Orcutt and Mayor Castelli, Included below is Euthenics, Inc.’s project description and scope of work for the necessary surveying and engineering design services for the above referenced project. PROIECT DESCRIPTION The project consists of resurfacing Sheldon Road from Engle Road to Smith Road for a length of approximately 1 mile. The project will also replace a water line along Sheldon Road between Engle Road and 1-71. The resurfacing portion of the project will be funded with Federal, Cuyahoga County, City of Brook Park and City of Middleburg Heights funds. The water line work will be funded with 100% City of Brook Park funds. The project will be let by Cuyahoga County. A stipulation of receiving Federal and Cuyahoga County funds is that no additional right of way is needed to build the project. ADA curb ramps at intersections within the project limits will need to conform to the most current ADA standards. The construction cost to replace non-compliant ADA curb ramps is eligible for project funding with the condition that they can be replaced within the limits of existing right of way. Based on a review of the Cuyahoga County Tax Maps(Cuyahoga County GIS), it appears that there are numerous ADA curb ramps that are or will be outside of the existing road right of way, therefore additional right of way (easements) may need to be acquired outside of the scope of the Sheldon Road Resurfacing Project(PID 113312) and prior to the letting of said Resurfacing Project. SCOPE AND FEE The following tasks will need to be performed to acquire the additional right of way needed for the proper installation of ADA compliant curb ramps. These tasks are not included within the scope and fee of a “typical" road resurfacing project and therefore are not included with the scope and fee for the Sheldon Road Resurfacing Project(PID 113312). Mayor Orcutt and Mayor Castelli September 20, 2022 Page 2 1. Field Survey - Recover existing centerline of right of way monuments along Sheldon Road and along each of the intersecting side streets to establish the centerline of road right of ways in CAD basemap; 2. Field Survey - Detailed survey of 25 ADA curb ramps and adjacent sidewalks(12 ADA curb ramps in Brook Park, 13 ADA curb ramps in Middleburg Fleights) This Task included within the scope and fee of the Sheldon Road Resurfacing Project (PID 113312); 3. Records Research - Research County Records for plats and deeds to determine existing right of way widths and locations and the existence of any easements granting rights for highway or sidewalk purposes. 4. Design of ADA Compliant Curb Ramps - This Task included within the scope andfee ofthe Sheldon Road Resurfacing Project(PID 113312); 5. Proposed Easement Documents - Prepare legal descriptions and exhibits for quadrants of the intersections that require additional right of way (easements) to construct an ADA compliant curb ramp. The exact number of easements will not be known until the Field Survey, Records Research, and ADA compliant curb ramp design are completed. For the purpose of this proposal, we are assuming that 10 easements will be needed (10 Legal Descriptions and 10 Exhibits). We will only invoice each City for Proposed Easement Documents based on the actual number of easements needed within each City. Negotiations, appraisals, recording of legal descriptions and exhibits, etc., are by others. 6. Acquisition - The number of proposed easements and the locations that require additional right of way are not known at this time,therefore right of way acquisition is not in this scope of services. Acquisition of easements within the City of Brook Park will be the responsibility of the City of Brook Park. Acquisition of easements within the City of Middleburg Heights will be the responsibility of the City of Middleburg Heights. Acquisition Services shall include the recording of Easement Documents as described in numbers above. Euthenics Fee(see above Scope): 1.0 - Field Survey - Right of Way Monuments $3,960.00 2.0 - Field Survey - ADA Curb Ramps $Not in this contract 3.0 - Records Research $2,400.00 4.0 - Design of ADA Compliant Curb Ramps $Not in this contract 5.0 - Proposed Easement Documents (10) $8,900.00 6.0 - Acquisition $Not in this contract TOTAL $15,260.00  Mayor Orcutt and Mayor Castelli September 20, 2022 Page 3 Local Cost Splits(from above): Brook Park Middieburg Heights Total 1.0 $1,980.00 $1,980.00 $3,960.00 2.0 3.0 $1,200.00 $1,200.00 $2,400.00 4.0 ** 5.0 $4,450.00* $4,450.00* $8,900.00 6.0 $7,630.00 $7,630.00 $15,260.00 * - estimate based on 5 Legal Descriptions/Exhibits - estimate based on 10 Legal Descriptions/Exhibits Written authorization to proceed with any additional services will be obtained prior to commencing with any work that is not included in the Items as described herein. The fees shown in the Proposal will be held for work in progress through the end of December 2023. If additional work or work of significantly increased complexity, clearly not contemplated in the original scope of services, is required, or if Euthenics, Inc. is required to abandon or perform or re-perform approved work, supplemental or modification agreements shall be negotiated providing for the cost and suitable profit for such work. If this Agreement is terminated during performance of the work, Euthenics, Inc. shall be paid for services rendered to the date of termination. We appreciate the opportunity to provide this proposal and look forward to working with you on this project. Please call if you have any questions or need additional information. Very Truly Yours, EUTHENICS,INC. Alan R. Piatak, P.E. President F:\Jobs\l236-Sheldon Road Right of Way\Admin\Proposal\BP-MH Letter 09 20 2022.docx  I^ELIVERED NOV 0 3 2022 CITY OF MIDDLEBURG HEIGHTS,OHIO Resolution No. 2022- Introduced By: Mayor Matthew J. Castelli A RESOLUTION AUTHORIZING THE MAYOR TO FILE AN APPLICATION WITH THE CUYAHOGA COUNTY DEPARTMENT OF DEVELOPMENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)THROUGH THE 2022 CUYAHOGA COUNTY MUNICIPAL GRANT PROGRAM AND DECLARING AN EMERGENCY WHEREAS, CDBG funds are now available through the Cuyahoga County Department of Development, and the City of Middleburg Heights desires to make application for such funding for the resurfacing of pavement on Bardbury Avenue from Pearl Road to Nethersole Drive, which is within a designated Improvement Target Area, for the maintenance of health, safety, and welfare; and WHEITEAS, the residents of Middleburg Heights, at a public meeting, have been given an opportunity to express their views on the aforesaid project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Council of the City of Middleburg Heights, hereby authorizes the Mayor to file an application for a Community Development Block Grant in the amount of $150,000 for the resurfacing of pavement on Bardbury Avenue from Pearl Road to Nethersole Drive. Section 2: The Mayor and Director of Finance are hereby authorized and directed to enter such agreements with Cuyahoga County as may be necessary for the application for and receipt of Community Development Block Grant funds and related funding, as provided by law. Said agreements shall be in substantially the form as approved by the Director of Law. Section 3: 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. Section 4: This Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety, and welfare of said City, and for further reason to authorize the Mayor to file an application with the Cuyahoga County Department of Development for a Community Development Block Grant; therefore, this Resolution shall take effect and be in force immediately from and after its passage and approval by the Mayor. Passed: Attest: President of Council Clerk of Council Yea Nay Approved On: Bortolotto Ali Presented to Mayor: Sage Meany McGregor Ference Mayor Grech  'KUVERED NOV 0 3 ?0?2 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2022- Introduced By: Mayor Matthew J. Castelli A RESOLUTION AUTHORIZING THE MAYOR TO FILE AN APPLICATION WITH THE CUYAHOGA COUNTY DEPARTMENT OF DEVELOPMENT FOR A GRANT THROUGH THE 2023 COMMUNITY DEVELOPMENT SUPPLEMENTAL GRANT PROGRAM AND DECLARING AN EMERGENCY WHEREAS, grant funds are now available through the Cuyahoga County Department of Development, and the City of Middleburg Heights desires to make application for such funding for the construction of a new pavilion for the Tri City Bark Park in the City of Middleburg Heights for the maintenance of health, safety and welfare; and WHEREAS, the residents of Middleburg Heights, at a public meeting, have been given the opportunity to express their views on the aforesaid project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS; Section 1: That the Council of the City of Middleburg Heights hereby authorizes the Mayor to file an application for a grant through the Cuyahoga County Community Development Supplemental Grant Program in the amount of $50,000 for the construction of a new pavilion for the Tri City Bark Park in the City of Middleburg Heights. Section 2: That the Mayor and Director of Finance are hereby authorized and directed to enter such agreements with Cuyahoga County as may be necessary for the application for and receipt of Community Development Supplemental Grant funds and related funding, as provided by law. Said agreements shall be in substantially the form as approved by the Director of Law. Section 3: 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 Councii, 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 Resolution 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 Resolution receives the affirmative vote of at least two-thirds (2/3) of the members of Council it shali take effect and be in force immediately upon its passage and approval by the Mayor. Passed: Attest; President of Council Clerk of Council Yea Nay Approved On: Bortolotto Ali Presented to Mayor: Sage Meany McGregor Ference Mayor Grech