City Council

City of Middleburg Heights, Ohio Council Agenda May 23,2023 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of May 9,2023 Minutes ofthe Executive Session of May 9,2023 COMMUNICATIONS Memorandum from Planning Commission to Council dated May 11, 2023 recommending approval of Ordinance No. 2023-6, zoning code edits, with the exception of edits 57 and 43. Members are requesting a 30 day extension to further consider edits 57 and 43. 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- hfr. 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 MAY 23,2023 PAGE 2 2023 PENDING LEGISLATION ORDINANCE NO.2023-6-INTRODUCED BY COUNCILMAN GRECH An Ordinance approving the proposed zoning code edits submitted by Stewart Land Use. Reading and Referred to Planning Commission - January 24,2023 2"“ Reading-February 14,2023 30 Day Extension - March 28,2023 UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN ALI An Ordinance authorizing the mayor and finance director to enter into a contract with Weaver Bams. INTRODUCED BY MAYOR CASTELLI An Ordinance amending Ordinance No. 2023-27 and authorizing the mayor to enter into an amended contract with the Ohio Patrolmen’s Benevolent Association for police lieutenants.  Boards and Commissions City of Middleburg Heights 15700 Bagley Road • Middleburg Heights, Ohio 44130 • 440-239-6252 • Fax 440-234-9092 kearley@middleburgheights.coni Kim Earley Noniian H. Herwerdeii Secretary Building Commissioner MEMORANDUM TO: MARY ANN MEOLA, CLERK OF COUNCIL FROM: KIM EARLEY,PLANNING COMMISSION SECRETARY DATE: MAY 11,2023 SUBJECT: ORDINANCE 2023-6 At the Planning Commission meeting May 10, 2023 members voted to recommend approval of Ordinance 2023-6 approving Zoning Code edits proposed by the City’s Planning Consultant, Jay Stewait, as summarized in his memorandum of April 25, 2023, with the exception of Edit 57 concerning Zoning Code Section 1137.10(g) and also Edit 43 concerning the definitions of mental health counseling and medical, dental, vision office (outpatient) in Zoning Code Chapter 1161 and the accompanying change in the land-use chart in Zoning Code Section 1129.07. I have attached the Planning Commission minutes regarding the discussions with the exception of the minutes of May 10, 2023, which have not yet been approved by the Planning Commission. The Commission also respectfully requests a 30-day extension, until June 9, 2023,to further consider Edits 57 and 43. Planning Commis.sion • Board of Zoning and Building Appeals  delivered may 1 g 2023 City of Middleburg Heights, Ohio Ordinance No. 2023- Introduced by: Mr. Tim Ali AN ORDINANCE AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH WEAVER BARNS WHEREAS, the City’s purchasing policy requires City Council approval on any single purchase of products or services exceeding $25,000 or any professional service contract exceeding $10,000, with the exception of items purchased through or at an amount equal to an approved cooperative purchasing agreement; and WHEREAS, the City desires to retain the services of a competent and qualified contractor to provide certain products/services to the City; and WHEREAS, Weaver Barns is competent and qualified to furnish products and/or services to the City and has provided a responsive and responsible proposal, and desires to provide the Dog Park Pavilion BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,CUYAHOGA COUNTY,STATE OF OHIO: Section 1. That the Mayor and Finance Director is hereby authorized to enter into a contract with Weaver Barns to provide certain products and/or services to the City, a copy of which is attached hereto and marked “Exhibit A”. Section 2. That there is hereby appropriated $50,000 from the Tri-City Bark Park Fund to implement this Ordinance. 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. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH Name Marty Kramer Name Marty Kramer ff' Phone 216-409-6340 ii. 1.Weaver Barns 'everyone needs a little strxjcture in their life’ lid. Quote Phone Weaver Barns 34036 Email mkramer@middleburgheights.com 1696 State Route 39 Email Sugarcreek, OH 44681 Quote Date 4/8/2023 330-852-2103 Salesperson Brevin Weaver Site Ready Bill To Ship To Delivery Date Arrival Time Crew Structure Sidewall Height Roof Pitch 16x32 Bradford Solid Cedar Assembled on Site 8 7 $41,771.00 Finish / Features Tlinher cellna AnchorIVpe Stain Anchor $2703.00 Roof 1 Drip Edge $0.00 $0.00 1 Oakridge Shingles $0.00 $0.00 Pavilion 1 Metal Roof - Pavilions $3.15 $1,612.80 1 Wood Brackets $0.00 $0.00 Payments Options Total $4,315.80 Transaction jype M.O.P Amount Options Credits $0.00 Sub Total After Options $46,086.80 $0.00 Delivery $0.00 Sub Total Before Tax $46,086.80 Tax{ ) $0.00 Sub Total After Tax $46,086.80 Deposit Balance Due $46,086.80 Notes Name Marty Kramer Weaver Barns ltd. Quote "everyone needs a little structure in their life' 34036 Visual Design i ! I I 1 I t 1 i Name Marty Kramer '"I.Weaver Barns ltd Quote 'everyone needs a little structure in their life" 34036 Example Construction Contract This Agreement is made between Weaver Barns and Marty Kramer on 4/8/2023 appearing on the order to perform the work as listed on the order form attached. You certify that you are qualified to and authorize Weaver Barns and its employees, dealers and subcontractors' access to the property on the ship- too address on the order to fulfil any needs. You also release them from any and all liabilities including but not limited to damage to your driveway, lawn, septic systems, piping etc. You acknowledge that you have the right to enter into this contract and your electronic signature is as binding as a physical one. Permits: Customer is responsible for all Building Permits. Quote: Free Placing the Order: A 10% Deposit is required to place an order. Final Payment: Final payment is due (COD) on the day of the delivery. Please remit payment to Weaver Barns and deliver to the onsite Builder or Delivery Person. All pricing on an order with a deposit, is good for 6 Months from the time which the order was placed. Delivery Complications: If the product has been loaded for delivery for the following day and needs to be postponed due to your request a $150 'reloading fee' will apply. If your site is inadequate when we arrive and we need to return on a different day there will be a 'return trip' fee assessed of a minimum of $250 and a maximum of $550 depending on your location. Cancelation: If an order is canceled within 6 months of the initial Order the deposit will be refunded in full if the order has not been finalized*. Once the order has been finalized or 6 months has passed from the original order date (Whichever comes first) the 10% Deposit (of the subtotal before tax) becomes nonrefundable. These funds are available to be used towards Weaver Barns product for 2 years after the deposit was given, after 2 years it will become the property of Weaver Barns and is not usable towards any product. *lf internal drawings or stamped drawings were made (within the 6 months period or pre finalization) for this project a fee will be assessed which the deposit will be applied to. • Assemble on Site Delivery: The crew delivering this structure will back in to the building site. Unless a carry charge is selected, you give your consent to do this while releasing them from any liabilities with ruts or damage to your yard. If this is not an option, a carry charge fee will apply. C’l'*^S **-V A 0 V *) aQ v-onX^^^-vo^ I ■ ■f.  delivered may 1 a ;/)b; CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2023- Introduced By: Mayor Matthew Castelli AN ORDINANCE AMENDING ORDINANCE NO. 2023-27 AND AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED CONTRACT WITH THE OHIO PATROLMEN’S BENEVOLENT ASSOCIATION FOR POLICE LIEUTENANTS WHEREAS, this Council adopted Ordinance 2023-27 on March 28, 2023, authorizing the Mayor to enter into a contract with the Ohio Patrolmen’s Benevolent Association for Police Lieutenants; and WHEREAS, three provisions were inadvertently omitted and have been added to the original agreement; and WHEREAS, Council and the Administration desire to ratify and adopt the amended agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That three provisions have been added to the agreement between the City of Middleburg Heights and the Ohio Patrolmen’s Benevolent Association, on behalf of the Police Lieutenants, as follows: 12.06 When an employee works on Independence Day or on Christmas Day, he shall receive time and-one-half his regular rate of pay for all hours worked on those two days, In addition to the holiday pay specified above. 18.09 Any employee who works "doubleback" shifts shall receive one (1) hour of compensatory time for each doubleback, or one-hour straight time pay at the employee's election, not to exceed twelve (12) hours per year. 22.03 Effective at the beginning of the first full pay period subsequent to the execution of this Agreement all employees shall be paid shift differentials in the amount sixty ($.60) cents per hour for hours worked between 6:00 p.m. and 6:00 a.m. Section 2: That the Mayor be, and he is hereby authorized and directed to enter into an amended agreement with the Ohio Patrolmen’s Benevolent Association, on behalf of certain employees of the Police Department. Section 3: It is hereby found and determined that ail 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