City Council

City of Middleburg Heights, Ohio Council Agenda September 26,2023 7:00 P.M. REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of September 12,2023 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 & 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 SEPTEMBER 26, 2023 PAGE 2 2023 PENDING LEGISLATION UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN MEANV A Resolution requesting Cuyahoga County to proceed with the rehabilitation of Smith Road from Sheldon Road to Pearl Road in the City of Middleburg Heights resolving to pay one hundred percent(100%)of the construction and construction supervision for the replacement of sidewalk, storm sewer, and waterline including all associated work within the City of Middleburg Heights, and declaring an emergency. INTRODUCED BY MAYOR CASTET J J A Resolution supporting an application for Ohio Brownfield Remediation Program funding.  DELIVERED SEP 2 1 2023 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2023- Introduced By: Mr. Meany Co-Sponsors: Mr. Ali, Mr. McGregor A RESOLUTION REQUESTING CUYAHOGA COUNTY TO PROCEED WITH THE REHABILITATION OF SMITH ROAD FROM SHELDON ROAD TO PEARL ROAD IN THE CITY OF MIDDLEBURG HEIGHTS RESOLVING TO PAY ONE HUNDRED PERCENT(100%) OF THE CONSTRUCTION AND CONSTRUCTION SUPERVISION FOR THE REPLACEMENT OF SIDEWALK,STORM SEWER, AND WATERLINE INCLUDING ALL ASSOCIATED WORK WITHIN THE CITY OF MIDDLEBURG HEIGHTS, AND DECLARING AN EMERGENCY WHEREAS, rehabilitation of Smith Road from Sheldon Road to Pearl Road in the City of Middleburg Heights is being financed by Cuyahoga County, City of Middleburg Heights and OPWC funds; and WHEREAS, the Agreement between Cuyahoga County and the City of Middleburg Heights states that if the COUNTY is formally requested by a MUNICIPAL RESOLUTION to include the construction of sidewalks, alternate bid items, or other items in the improvement that are in addition to those now existing and not provided for elsewhere in this Agreement, the COUNTY will do so, provided that this construction meets with the approval of the COUNTY and the MUNICIPALITY involved in this improvement; and that the MUNICIPALITY agrees to pay, or make arrangements for the payment of, the cost of said additional construction and the cost of preliminary and design engineering, and construction supervision. WHEREAS, by this resolution, Cuyahoga County is formally requested to include the sidewalk, storm sewer, and waterline including all associated work within the City of Middleburg Heights, which are not provided for elsewhere and are a replacement of and/or an addition and/or repair to that which now exists. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS; Section 1 : That Cuyahoga County is hereby requested to include the construction and construction supervision of the replacement of sidewalk, storm sewer, and waterline including all associated work within the City of Middleburg Heights, which are not provided for elsewhere and are a replacement of and/or an addition and/or a repair to that which now exists, in the plans and specifications for the rehabilitation of Smith Road from Sheldon Road to Pearl Road in the City of Middleburg Heights. Section 2: The City of Middleburg Heights agrees to assume one hundred percent (100%) of the Non-OPWC share of the construction and construction supervision costs of any expenses incurred by Cuyahoga County for the items specified, in the subject improvement. 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; 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. Such necessity exists by reason of the fact that in order for plans for the rehabilitation of Smith Road from Sheldon Road to Pearl Road in the City of Middleburg Heights to be approved by Cuyahoga County and said project bid, request to include the waterline replacement and associated work. Wherefore, provided this Ordinance receives the affirmative vote of at least two-thirds (2/3) of the members of Council it shall take effect and be in force immediately upon its passage and approval by the Mayor. Passed: 0 President of Council Attest; Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech  delivered SEP 2 I 2923 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2023- Introduced By: Mayor Matthew Castelli A RESOLUTION SUPPORTING AN APPLICATION FOR OHIO BROWNFIELD REMEDIATION PROGRAM FUNDING WHEREAS, in anticipation of the Ohio Department of Development launching a reauthorization of a Brownfield Remediation Program for 2023-2024, providing financial assistance to assist in the remediation of hazardous substances at industrial, commercial, or institutional properties; and WHEREAS, the redevelopment of 6950 West 130*^ Street in the Southland Shopping Center Business District, is complicated by asbestos contamination to the existing structure; and WHEREAS, the City of Middleburg Heights is the owner of the site and has expressed its intent to apply for Brownfield Remediation Program funding in order to remediate the contamination; and WHEREAS, the Middleburg Heights City Council is supportive of such application to obtain Brownfield Remediation Program funding. 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 supports the application for Ohio Brownfield Remediation Program funding for the remediation of asbestos contamination at 6950 West 130'*^ Street and encourages the Ohio Department of Development to award such grant funding for such commendable purposes. Section 2: 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: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech