City Council

City of Middleburg Heights,Ohio Council Agenda October 24,2023 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of October 10,2023 COMMUNICATIONS Notice from Ohio Division of Liquor Control requesting new liquor permit to Crown Plaza,7230 Engle Road. No objections from Police Chief Tomba. Notice from Ohio Division ofLiquor Control requesting new liquor permit to Aldi Inc, 6868 Pearl Road. No objections from Police 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 OCTOBER 24,2023 PAGE 2 2023 PENDING LEGISLATION ORDINANCE NO.2023-78-INTRODUCED BY MAYOR CASTELLI An Ordinance approving the proposed zoning code edits submitted by Stewart Land Use. First Reading and Referred to Planning Commission 10/10/23 UN-NUMBERED LEGISLATION INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor to enter into an agreement with The Villas of Fox Hollow Homeowners’ Association, Inc. for the purchase of an easement as part of the Sheldon Road Resurfacing Project. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor to enter into an agreement with Nellie Bykova and Yuriy Kondratyuk for the purchase ofan easement as part ofthe Sheldon Road Resurfacing Project. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor to enter into an agreement with The Emerald Point Condominium Association for the purchase of a temporary easement as part ofthe Sheldon Road Resurfacing Project. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor to enter into an agreement with The Emerald Point Condominium Association for the purchase of an easement as part of the Sheldon Road Resurfacing Project. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution accepting the consortium bid of Cargill, Inc. Salt, Road Safety for untreated sodium chloride for the 2023/2024 season (11/1/23-10/31/24). INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution accepting the consortium bid of Cargill, Inc. Salt, Road Safety for treated sodixim chloride for the 2023/2024 season (11/1/23-10/31/24). INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO An Ordinance to make supplemental appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2023. INTRODUCED BY MAYOR CASTELLI An Ordinance authorizing the mayor and finance director to enter into a contract with Collins Equipment Corporation. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor to sign a Third Amendment to Agreement for Public Safety Dispatch Services between the City of Strongsville, Ohio and the City of Middleburg Heights, Ohio.  OHIO DIVISION OF LIQUOR CONTROL NOTICE TO LEGISLATIVE 6606 TUSSING ROAD, P.O. BOX 4005 AUTHORITY REYNOLDSBURG, OHIO 43068-9005 (614)644-2360 FAX(614)644-3166 TO 98672300005 NEW YK ENGLE RD LLC PERMIT NUMBER TYPE. DBA CROWN PLAZA CLEVELAND AIRPORT ISSUE DATE 7230 ENGLE RD 10 03 2023 MIDDLEBURG HGTS OH 44130 FILINS DATE D5A PERMIT CLASSES 18 352 C D96213 TAX biSTRICT RECEIPT NO. FROM 10/16/2023 PERMIT NUMBER T.YEE. ISSUE DATE FILINS BATE PERMIT classes JAX PISTRICT RECE|PT,Na. MAILED 10/16/2023 RESPONSES MUST BE POSTMARKED NO LATER THAN. 11/16/2023 IMPORTANT NOTICE PLEASE COMPLETE AND RETURN THIS FORM TO THE DIVISION OF LIQUOR CONTROL WHETHER OR NOT THERE IS A REQUEST FOR A HEARING. C NEW 9867230-0005 REFER TO THIS NUMBER IN ALL INQUIRIES (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 1 IN OUR COUNTY SEAT. IN COLUMBUS. WE DO NOT REQUEST A HEARING. □ DID YOU MARK A BOX? IF NOT, THI S WILL BE CONSIDERED A LATE RESPONSE. PLEASE SIGN BELOW AND MARK THE APPROPRIATE BOX INDICATING YOUR TITLE: (Signature) (Title)-n Clerk of County Commissioner (Date) □ Clerk of City Council I I Township Fiscal Officer CLERK OF MIDDLEBURG HGTS CITY COUNCIL ATTN: CLERK OF COUNCIL 15700 BAGLEY RD MIDDLEBURG HEIGHTS OHIO 44130 DLC 4052 REV. 03/09  OHIO DIVISION OF LIQUOR CONTROL NOTICE TO LEGISLATIVE 6606 TUSSING ROAD, P.O. BOX 4005 AUTHORITY REYNOLDSBURG, OHIO 43068-9005 (614)644-2360 FAX(614)644-3166 TO 01007783085 NEW ALDI INC OHIO PERMIT NUMBER TYPE DBA ALDI #92 6868 PEARL RD ISSUE DATE MIDDLEBURG HGTS OH 44130 10 11 2023 FILING DATE Cl C2 PERMIT CLftSSES 18 352 C D96626 TAX biSTRICT RECEIPT NO. FROM 10/16/2023 PERMIT NUMBER TYPE ISSUE OATF FILING DATE PERMIT CLASSES JAX DISTRICT RECEIPT NO. MAILED 10/16/2023 RESPONSES MUST BE POSTMARKED NO LATER THAN. 11/16/2023 IMPORTANT NOTICE PLEASE COMPLETE AND RETURN THIS FORM TO THE DIVISION OF LIQUOR CONTROL WHETHER OR NOT THERE IS A REQUEST FOR A HEARING. C NEW 0100778-3085 REFER TO THIS NUMBER IN ALL INQUIRIES (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 1 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 DLC 4052 REV. 03/09  delivered OCT ) 3 2023 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2023- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Grech A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE VILLAS OF FOX HOLLOW HOMEOWNERS’ ASSOC., INC. FOR THE PURCHASE OF AN EASEMENT AS PART OF THE SHELDON ROAD RESURFACING PROJECT WHEREAS, in advance of and as part of the Sheldon Road Resurfacing Project it is necessary for the City to acquire an easement on private residential property; and WHEREAS, the easement is being acquired for a public purpose, namely the establishment, construction, reconstruction, widening, repair, or maintenance of a public road. NOW, THEREFORE, BE IT RESOLVED 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 Villas of Fox Hollow Homeowners’ Assoc., Inc. for the purchase of a perpetual easement described in Exhibit A attached, on the following described real estate: Parcel(s): 2-SH PID 113312 CUY-SHELDON RD. PPN 371-17-012 and 046. Section 2: That there is hereby appropriated $300.00 from the Streets/Infrastructure Improvements Fund to implement this Resolution. 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. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto All Sage Meany McGregor Ference Grech  LPARE 804 E Rev. 04/2021 LPA Easement The Villas of Fox Hollow Homeowners’ Assoc., Inc, the Qrantor(s), in consideration of the sum of $300.00, to be paid by The City of Middleburg Heights, the Grantee, does convey(s) to Grantee, its successors and assigns, an easement, which is more particularly described in Exhibit A attached, the following described real estate: PARCEL(S); 2-SH PID 113312 CUY-SHELDON RD. See Exhibit A Attached Cuyahoga County Current Tax Parcel No. 371-17-012 and -046 Prior Instrument Reference; Instrument No. 200907270504, Cuyahoga County Recorder’s Office. Grantor(s), for himself and his successors and assigns, covenant(s) with the Grantee, its successors and assigns, that he is die true and lawful owner(s) in fee simple, and has the right and power to convey the property and that the property is free and clear from all liens and encumbrances, except;(a) easements, restrictions, conditions, and covenants ofrecord;(b) all legal highways;(c)zoning and building laws, ordinances, rules, and regulations; and (d) any and all taxes and assessments not yet due and payable; and that Grantor(s) will warrant and defend the property against all claims of all persons. The property conveyed is being acquired by Grantee for a public purpose, namely the establishment, construction, reconstruction, widening, repair or maintenance of a public road. Page 1 of2  ODOT LPA RE 835-1 Special ACK for Instruments Rev. 07/2020 In Witness Whereof The Villas OfFox Flollow Homeowners' Assoc., Inc by and through Elizabeth Huffcian, the Managing Agent of The Villas OfFox Hollow Homeowners' Assoc., Inc, has hereunto subscribed their name on the 16th day of August, 2023. THE VILLAS OF FOX HOLLOW HQMEOWNERS'ASSOC.,INC / / By: ZABETH HUFFM f NAGING AGENT State Of OHIO,County Of Cuyahoga ss: Be It Remembered,that on the 16th day of August,2023, before me the subscriber, a Notary Public in and for said state and county, personally came the above named Elizabeth Huffman, who acknowledged being the Managing Agent of The Villas OfFox Hollow Homeowners' Assoc., Inc, and who acknowledged the foregoing instrument to be the voluntary act and deed of said The Villas OfFox Hollow Homeowners'Assoc., Inc. No oath or affirmation was administered to Elizabeth Huffman with regard to the notarial act. In Testimony Whereof,I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. DANHA SIFTER-ALGOT^efSlARY PUBLIC * 'um April 21,2025 This document was prepared by: The City of Middleburg Heights Page 2 of2  PARCEL 2-SH n EXHIBIT "A SITUATED IN THE CITY OE MIDDLEBURG HEIGHTS, COUNTY OE CUYAHOGA, STATE OE OHIO AND BEING KNOWN /IS PART OE 01. 6, SECTION 8 IN ORIGINAL MIDDLEBURG TOWNSHIR SHELDON ROAD CW~6 PERPETUAL EASEMENT EOR HIGHWAY PURPOSES CITY OF BROOK PARK .0 0 10 20 SCALE IN FEET 0 I' SHELDON ROAD (600 602.78' 1 1 S.88°4V07"E. 90° 1 ,kj Or o IT’ ■ O o rv-, ° Q: 7.00 kj 5.88°4V07"E. R)' k) ].00 0- Or kj N.1°18'53"E. ■ Ex R/W — 1 O A.99' N.88°4V07"W. \ O (2^ 3:uj^ 26 SQ.FT. O 13.0V 0.0006 AC. N.2°15'27"W. CITY OF MIDDLEBURG HEIGHTS P.P.N. 371-17-037 1.00' THE VILLAS OF FOX HOLLOW N.87°50'56"W. HOME OWNERS ASSOC. INC. AFN 200907270504 EUTHENICS{} 8235 Mohawk Dr. | Cleveland, OH 44136  EXHIBIT A RX 270 SH Page I of 2 Rev.06/09 VER. DATE 12/22/2022 PARCEL 2-SH (SHELDON ROAD CW-6) PERPETLAL EASEMENT FOR HIGHWAY PLRPOSES WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS An exclusive peipetual easement for public highway and road purposes, including, but not limited to any utility construction, relocation, and/or utility maintenance work deemed appropriate by the State of Ohio, its successors and assigns forever. Grantor/Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all existing rights of ingress and egress to and from any residual area (as used herein, the expression “Grantor/Owner” includes the plural, and words in the masculine include the feminine or neuter). (Surveyor’s description of the premises followsl Situated in the City of Middleburg Heights, County of Cuyahoga, State of Ohio and being known as part of Original Middleburg Township Lot 6, Section 8 and being part of a parcel of land conveyed to The Villas of Fox Hollow Homeowners Association, Inc. recorded in AFN 200907270504 Official Records Cuyahoga County, and bounded and described as follows: Beginning at a 5/8 inch iron pin monument box found at the intersection of the centerline of Engle Road, Width Varies, and the centerline of Sheldon Road, 60.00 feet wide; Thence S. 88°41'07" E., 602.78 feet along the centerline of said Sheldon Road to a point therein; Thence S. 01°18'53" W., 30.00 feet to its intersection with the southerly line of said Sheldon Road and the westerly line of Fox Hollow Drive, 50.00 feet wide, and being the Principal Place of Beginning of the parcel herein described: Thence with the following three (6) courses: 1) S. 02®09'04" W., 14.00 feet, along the westerly line of said Fox Hollow Drive, to a point therein; 2) N. 87050’56" W., LOO feet, to a point; Page 1 of 2 - 2-SH (Sheldon Road CW-6)  EXHIBIT A RX 270 SH Page 2 of2 Rev.06/09 VER. DATE 12/22/2022 3) N. 02«15’27" W., 13.01 feet, to a point; 4) N. 88‘’41’07" W.,4.99 feet, to a point; 5) N. 01“18'53" E., 1.00 feet, to its intersection with the southerly line of said Sheldon Road; 6) S. 88‘’4r07" E., 7.00 feet along the southerly line of said Sheldon Road to the Principal Place of Beginning and containing 26 square feet or 0.0006 acres of land more or less but subject to all legal highways. The bearings used in this description are based upon the Ohio State Plane Coordinates System, North Zone, NAD83(Conus)(Mol). The above-described parcel being part of Auditor’s Permanent Parcel No. 371-17-037. This description was prepared by John M.Zaranec, Jr. P.S. 7126 and was based on a survey performed by Euthenics, Inc. in December, 2022. ^ ■ ■ A, JOHN M. : ZARANEC, JR. /.' PS-7126 ■p . .-V, <<x Page 2 of 2 - 2-SH (Sheldon Road CW-6)  delivered OCT 1 9 2023 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2023- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Grech A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH NELLIE BYKOVA AND YURIY V. KONDRATYUK FOR THE PURCHASE OF AN EASEMENT AS PART OF THE SHELDON ROAD RESURFACING PROJECT WHEREAS, in advance of and as part of the Sheldon Road Resurfacing Project it is necessary for the City to acquire an easement on private residential property; and WHEREAS, the easement is being acquired for a public purpose, namely the establishment, construction, reconstruction, widening, repair, or maintenance of a public road. NOW, THEREFORE, BE IT RESOLVED 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 Nellie Bykova and Yuriy V. Kondratyuk for the purchase of a perpetual easement described in Exhibit A attached, on the following described real estate: Parcel(s): 6-SH PID 113312 CUY-SHELDON RD. PPN 372-01-005. Section 2: That there is hereby appropriated $2,200.00 from the Streets/Infrastructure Improvements Fund to implement this Resolution. 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. Passed: President of Council Attest; Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto All Sage Meany McGregor Ference Grech  0 C c (U u CO E (TJ CJ LPA RE m E Rev. W/2021 LPA ~o 0 Easement c c 0 Nellie Bykova and Yuriy V. Kondralyuk, the Grantors), in consideration of the sum of U CO $2,200.00, to be paid by The City of Middlcburg Heights, the Grantee, docs convcy(s) to Grantee, its successors and assigns, an easement, which is more particularly described in Exhibit A attached, the following described real estate: PARCEUS): 6-SH PID I13312CUY-SHELDONRD. See Exhibit A attached Cuyahoga County Current Tax Parcel No.372-01-005 Prior Instrument Reference: Instrument No. 202304210417, Cuyahoga County Recorder's ornce. Gninior(s). for himself and his successors and assigns, covcnani(s) with the Grantee,its successors and assigns, that he is the true and lawful owners) in fee simple, and has the right and power to convey the property and that the property is free and clear from all liens and encumbrances,except:(a)easements, restrictions, conditions, and covenants of record;(b)all legal highways;(c) xoning and building laws, ordinances, rules, and regulation.s; and(d)any and all taxes and Q.sscssmcnts not yet due and payable; and that Granlor(s) will warrant and defend the property against all claims of all persons. The pa^perty conveyed is being acquired by Grantee for a public purp<\se. nanwly the establishment, construction, rcconslrutiion. widening, repair or maintenance of a public mad. Puiic I \>r 2  0) c ()l)0T LPARh8)2 i ;mm ACK for c 07/2020 03 In Witness Whereof Nellie Bykova And Yuriy V. Kondratyuk have hereunto set their O CO hands on the 2^^ d.vofAssnAt- .2023 E 03 o sz Nellie Bykova ~o 0) c c 03 O Yuriy V. Kondratyuk C/) State Of OHIO.County Of Cuyahoga ss: tM Be It Remembered, that on the day of , ^o2~^. before me the subscriber, a Notary Public in and for said state and county, personally came the above named Nellie Bykova And Yuriy V. Kondratyuk who acknowledged the foregoing instrument to be their voluntary acts and deeds. No oath or affirmation was administered to Nellie Bykova And Yuriy V. Kondratyuk with regard to the notarial act. In TestlmOiS'y Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. ALBANOMAHIIA) NOTARY PUBUC-OHIO S MY COMMISSION EXPIRES Notary Public My Commission expires: !l This document was prepared by: The City of Middlcburg Heights Page 2 of 2  PARCEL 6-SH M EXHIBIT "A SITUA TED IN THE CITY OE MIDDLEBURG HEIGHTS, COUNTY OE CUYAHOGA, STATE OE OHIO AND BEING KNOWN AS PART OE 01, 1, SECTION 8 IN ORIGINAL MIDDLEBURG TOWNSHIP SHELDON ROAD CW-19 PERPETUAL EASEMENT EOR HIGHWA Y PURPOSES CITY OE BROOK PARK .0 0 10 20 SCALE IN FEET 0 SHELDON ROAD (GOG 6^ A 1 1198.3A' 1 S.88°22'36"E. 90° O '1 LJ O O !\i O |N~) O O Or 170 so.FT. 1 0.0039 AC. Or K. •o 18.00' 3 S.88°22'36"E. — Ex R/W— - XT o^ O CITY OF MIDDLEBURG HEIGHTS Lo c\i m A s- •X o'V XI .93 \ 7.00 N.87°35'46"W. P.P.N. 372-01-005 CHARLES & BRIANA JEWEPS EUTHENICSH AFN 202003050432 8235 Mohawk Dr. |Cleveland, OH 44136  EXHIBIT A RX 270 SH Page 1 of 2 Rev. 06/09 VER. DATE 12/22/2022 PARCEL 6-SH (SHELDON ROAD CW-19) PERPETUAL EASEMENT FOR HIGHWAY PURPOSES WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS An exclusive perpetual easement for public highway and road purposes, including, but not limited to any utility construction, relocation, and/or utility maintenance work deemed appropriate by the State of Ohio, its successors and assigns forever. Grantor/Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all existing rights of ingress and egress to and from any residual area (as used herein, the expression “Grantor/Owner” includes the plural, and words in the masculine include the feminine or neuter). (Surveyor’s description of the premises follows) Situated in the City of Middleburg Heights, County of Cuyahoga, State of Ohio and being known as part of Original Middleburg Township Lot 1, Section 8 and being part of a parcel of land conveyed to Charles and Briana Jewers recorded in AFN 202003050432 Official Records Cuyahoga County, and bounded and described as follows: Beginning at a 1 inch iron pin monument box found at the intersection of the centerline of Fry Road, 60.00 feet wide, and the centerline of Sheldon Road, 60.00 feet wide; Thence S. 88°22'36" E., 1198.34 feet along the centerline of said Sheldon Road to a point therein; Thence S. 01°37'24" W., 30.00 feet to its intersection with the southerly line of said Sheldon Road and the easterly line of Nantucket Lane, 60.00 feet wide, and being the Principal Place of Beginning of the parcel herein described: Thence with the following five (5) courses: 1) S. 88®22'36" E., 18.00 feet along the southerly line of said Sheldon Road,to a point therein; 2) S. 52«17'24" W.,8.00 feet, to a point; Page 1 of 2 - 6-SH (Sheldon Road CW-19)  4 « EXHIBIT A RX 270 SH Page 2 of2 Rev.06/09 VER. DATE 12/22/2022 3) S. 28®12’49" W., 11.21 feet, to a point; 4) N. 87®35'46" W.,7.00 feet, to its intersection with the easterly line of said Nantucket Lane; 5) N. 02®24'14" E., 15.00 feet, along the easterly line of said Nantucket Lane to the Principal Place of Beginning and containing 170 square feet or 0.0039 acres of land more or less but subject to all legal highways. The bearings used in this description are based upon the Ohio State Plane Coordinates System, North Zone, NAD83(Conus)(Mol). The above-described parcel being part of Auditor’s Permanent Parcel No. 372-01-005. This description was prepared by John M. Zaranec, Jr. P.S. 7126 and was based on a survey performed by Euthenics, Inc. in December, 2022. 0^ o A JOHN -3' ■o.' O M. ,A ZARANEC, JR. / PS-7126 - Se ■A ■■ ■■ .O .A. ■ ■ ■ Page 2 of 2 - 6-SH (Sheldon Road CW-19)  delivered OCT I 9 2023 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2023- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Grech A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE EMERALD POINT CONDOMINIUM ASSOCIATION FOR THE PURCHASE OF A TEMPORARY EASEMENT AS PART OF THE SHELDON ROAD RESURFACING PROJECT WHEREAS, in advance of and as part of the Sheldon Road Resurfacing Project it is necessary for the City to acquire a temporary easement on private residential property; and WHEREAS, the temporary easement is being acquired for a public purpose, namely the establishment, construction, reconstruction, widening, repair, or maintenance of a public road. NOW, THEREFORE, BE IT RESOLVED 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 Emerald Point Condominium Association for the purchase of a temporary easement described in Exhibit A attached, on the following described real estate: Parcel(s): 4-T & 5-T PID 113312 CUY-SHELDON RD PPN 372-01-001. Section 2: That there is hereby appropriated $50.00 from the Streets/Infrastructure Improvements Fund to implement this Resolution. 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. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto All Sage Meany McGregor Ference Grech I PA Ri; S07 TK Rev. lo :OI7 l.PA Temporary Easement Emerald Point Condominium, the Grantor(s), in consideration of the sum of $50.00, to be paid by The City of Middleburg Heights, tlte Grantee, does grant to Grantee the temporary easement(s) to exclusively occupy and use for the purposes mentioned in Exhibit A the following described real estate: PARCEL(S): 4-T & 5-T PID 1 13312 CUY-SHELDON RD Shk Exhibit A Attachkd Cuyahoga County Current Tax Parcel No. 372-01-001 Prior Instalment Reference: Volume 97- 07597 Page 31, Cuyahoga County Recorder’s Office. To have and to hold the temporary easement(s), for the aforesaid purposes and for the anticipated period of time described below, unto the Grantee, its successors and assigns. The duration of the temporary easement(s) granted to the Grantee is 6 months immediately following the date on which the work described above is first commenced by the Grantee, or its duly authorized employees, agents, and contractors. The temporary easement(s) interest granted is being acquired by Grantee for a public purpose, namely the establishment, construction, reconstruction, widening, repair or maintenance of a public road. Page I of 2 Scanned with CamScanner  iPMiD.n H\ Kivi ('i)rpiiraiicm & LU AC'K for (niiiumcnli Rc\ In WlTNl.ss Win.Ri 01 tmcraid Point Condominium has caused its name to be subscribed , its duly authorized , and its duly authorized ai;cni on the da EMERALD POINT CONDOMINIUM By: Stath Or OHIO,County Or Cuyahoga ss: Bk It Rr.MKMBrRED, that on the / day of , ,before me the subscriber, a Notary Public in and for said state and county, personally came the above name , who acknowledged being the and duly authorized agent of Emerald Point Condominium, and who acknowledged the foregoing instrument to be the voluntary act and deed of said entity. No oath or affirmation was administered tonFjr'i with regard to the notarial act. In TkstimONY WHHRKOr, I have hereunto subscribed my name and affixed my otncial seal on the day and year last aforesaid. 4^ ALBANO MAHILAJ NOTARY PUBLIC-OHIO I’tJ'.' f- .= MY COMiVilSSiON EXPIRES Notary Public My Commission expires: /\^2-3~2.^ Mini O'"' This document was prepared by: The City of Middleburg Heights ) Page 2 of 2 Scanned with CamScanner  PARCEL 4-T II EXHIBIT "A SITUA TED IN THE CITY OE MIDDLEBURG HEIGHTS, COUNTY OE CUYAHOGA, STATE OE OHIO AND BEING KNOWN AS PART OE 01. I, SECTION 8 IN ORIGINAL MIDDLEBURG TOWNSHIP SHELDON ROAD CW-17 TEMPORARY EASEMENT EOR HIGHWA Y PURPOSES CITY OE BROOK PARK .0 0 10 20 SCALE IN FEET 0 \ SHELDON ROAD (60') 1 392.74' i S.88°22'36"E. 90° o o Or % A Uj K. O O^ O |Y^ O <SED Or CL 88 SQ.ET. CL 0.0020 AC. CL ■-J k. .CL •O kj 25.00' •<9 kj Ex R/W S.88°22'36"E. T CITY OF MIDDLEBURG HEIGHTS o ^ O o k 25.18' o k I'D S_84°46'50"W. 10 P.P.N. 372-01-001 EMERALD POINT CONDOMINIUM V. 91-7170, PG. 4 O.R.C.C. P.P.N. 372-01-001 EMERALD POINT II // CONDOMINIUM PHASE "B EUTHENICSH 98-13788, PG. 56 O.R.C.C. 8235 Mohawk Dr. | Cleveland, OH 44136  PARCEL 5-T n EXHIBIT "A SITUATED IN THE CITY OE MIDDLEBURG HEIGHTS, COUNTY OE CUYAHOGA, STATE OE OHIO AND BEING KNOWN AS PART OE O.L. J, SECTION 8 IN ORIGINAL MIDDLEBURG TOWNSHIP SHELDON ROAD CW-/8 TEMPORARY EASEMENT EOR HIGHWA Y PURPOSES CITY OF BROOK PARK 0 0 10 20 9 SCALE IN FEET 0 \ SHELDON ROAD (60') \ JI8.0I i S.88°22'36"E. 90° c::) O 0: % o^ ,kj O o . N, rv') o <ED O^ Qc 50 SQ.FT. 0- <A) 0.0011 AC. --J P:: •o 25.00' Pj •<5^ S.88°22'36"E. Pj Ex R/W- T s o^ 'Y-79V7'R"W. o K. <X) CITY OF MIDDLEBURG HEIGHTS P.P.N. 372-01-001 EMERALD POINT CONDOMINIUM 91-7170, PG. 4 O.R.C.C. EUTHENICSf) 8235 Mohawk Dr. | Cleveland, OH 44136  EXHIBIT A RX 286 T Page 1 of 2 Rev. 12/16 VER. DATE 12/22/2022 PARCEL 4-T (SHELDON ROAD CW-17) TEMPORARY EASEMENT FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO MAKE ROADWAY IMPROVEMENTS FOR APPROXIMATELY 12 MONTHS FROM THE DATE OF ENTRY BY THE COUNTY OF CUYAHOGA,OHIO (Surveyor’s description of the premises follows) Situated in the City of Middleburg Heights, County of Cuyahoga, State of Ohio and being known as part of Original Middleburg Township Lot 1, Section 8 and being part of a parcel of land conveyed to Emerald Point Condominium recorded in Volume 91-7170, Page 4 Official Records Cuyahoga County and Emerald Point II Condominium Phase “B” recorded in Volume 98-13788, Page 56 Official Records Cuyahoga County, and bounded and described as follows: Beginning at a 1 inch iron pin monument box found at the intersection of the centerline of Fry Road, 60.00 feet wide, and the centerline of Sheldon Road,60.00 feet wide; Thence S. 88®22'36" E., 392.74 feet along the centerline of said Sheldon Road to a point therein; Thence S. 01°37'24" W., 30.00 feet to a point in the southerly line of said Sheldon Road, and being the Principal Place of Beginning of the parcel herein described: Thence with the following four(4) courses: 1) S. 88®22'36" E., 25.00 feet along the southerly line of said Sheldon Road, to a point therein; 2) S. 01«37'24" W., 2.00 feet, to a point; 3) N. 84“46’50" W., 25.18 feet, to a point; 4) N. 01“37'24" E., 5.00 feet, to the Principal Place of Beginning and containing 88 square feet or 0.0020 acres of land more or less but subject to all legal highways. Page 1 of 2- 4-T (Sheldon Road CW-17)  V EXHIBIT A RX 286 T Page 2 of 2 Rev. 12/16 VER. DATE 12/22/2022 The bearings used in this description are based upon the Ohio State Plane Coordinates System, North Zone, NAD83(Conus)(Mol). The above-described parcel being part of Auditor’s Permanent Parcel No. 372-01 -001. This description was prepared by John M. Zaranec, Jr. P.S. 7126 and was based on a survey performed by Euthenics, Inc. in December, 2022. Oa ■ o X, JOHN O M. : ZARANEC, JR. : PS-7126 . a: -A . ■■ .o A, / % Page 2 of 2 - 4-T (Sheldon Road CW-17)  EXHIBIT A RX286T Page I of 2 Rev. 12/16 VER. DATE 12/22/2022 PARCEL 5-T (SHELDON ROAD CW-18) TEMPORARY EASEMENT FOR THE PURPOSE OF PERFORMING THE WORK NECESSARY TO MAKE ROADWAY IMPROVEMENTS FOR APPROXIMATELY 12 MONTHS FROM THE DATE OF ENTRY BY THE COUNTY OF CUYAHOGA,OHIO (Surveyor’s description of the premises follows) Situated in the City of Middleburg Heights, County of Cuyahoga, State of Ohio and being known as part of Original Middleburg Township Lot 1, Section 8 and being part of a parcel of land conveyed to Emerald Point Condominium recorded in Volume 91-7170, Page 4 Official Records Cuyahoga County, and bounded and described as follows; Beginning at a 1 inch iron pin monument box found at the intersection ofthe centerline of Fry Road, 60.00 feet wide, and the centerline of Sheldon Road, 60.00 feet wide; Thence S. 88°22'36" E., 318.01 feet along the centerline of said Sheldon Road to a point therein; Thence S. 01°37'24" W., 30.00 feet to a point in the southerly line of said Sheldon Road, and being the Principal Place of Beginning of the parcel herein described: Thence with the following four (3) courses: 1) S. 88®22'36" E., 25.00 feet along the southerly line of said Sheldon Road, to a point therein; 2) S. 0I»37’24" W.,4.00 feet, to a point; 3) N. 79*17’11" W., 25.32 feet, to the Principal Place of Beginning and containing 50 square feet or 0,0011 acres of land more or less but subject to all legal highways. Page 1 of 2 - 5-T (Sheldon Road CW-18)  -I EXHIBIT A RX 286 T Page 2 of2 Rev. 12/16 VER. DATE 12/22/2022 The bearings used in this description are based upon the Ohio State Plane Coordinates System, North Zone, NAD83(Conus)(Mol). The above-described parcel being part of Auditor’s Permanent Parcel No. 372-01-001. This description was prepared by John M. Zaranec, Jr. P.S. 7126 and was based on a survey performed by Euthenics, Inc. in December, 2022. 6 o V . ■ • . o / X)HN y- . h. o M. ZARANEC, JR. : ■ PS-7126 • 9/ •P . . ,o / .'.-V / . ■ v<</ % f^ED Page 2 of 2 - 5-T (Sheldon Road CW-18)  delivered OCT t 2 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2023- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Grech A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE EMERALD POINT CONDOMINIUM ASSOCIATION FOR THE PURCHASE OF AN EASEMENT AS PART OF THE SHELDON ROAD RESURFACING PROJECT WHEREAS, in advance of and as part of the Sheldon Road Resurfacing Project it is necessary for the City to acquire an easement on private residential property; and WHEREAS, the easement is being acquired for a public purpose, namely the establishment, construction, reconstruction, widening, repair, or maintenance of a public road. NOW, THEREFORE, BE IT RESOLVED 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 Emerald Point Condominium Association for the purchase of a perpetual easement described in Exhibit A attached, on the following described real estate: Parcel(s): 3-SH PID 113312 CUY-SHELDON RD. PPN 372-01-001. Section 2: That there is hereby appropriated $1,450.00 from the Streets/Infrastructure Improvements Fund to implement this Resolution. 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. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto All Sage Meany McGregor Ference Grech LPA RE >>'04 E Rev.04'2021 LPA Easement Emerald Point Condominium, the Grantor(s), in consideration of the sum of$1,450.00, to be paid by The City of Middleburg Heights, the Grantee, does convey(s)to Grantee, its successors and assigns, an easement, which is more particularly described in Exhibit A attached, the following described real estate: PARCEL(S): 3-SH PID 113312 CUY-SHELDON RD. See Exhibit a Attached Cuyahoga County Current Tax Parcel No. 372-01-001 Prior Instrument Reference; Volume 97-07597, Page 31, Cuyahoga County Recorder’s Office. Grantors), for himself and his successors and assigns, covenant(s) with the Grantee, its successors and assigns, that he is the true and lawful owmer(s) in fee simple, and has the right and power to convey the property and that the property is free and clear from all liens and encumbrances, except;(a)easements, restrictions, conditions, and covenants of record;(b)all legal highways;(c)zoning and building laws, ordinances, rules, and regulations; and (d)any and all taxes and assessments not yet due and payable; and that Grantorfs) will warrant and defend the property against all claims of all persons. The property conveyed is being acquired by Grantee for a public purpose, namely the establishment, construction, reconstruction, widening, repair or maintenance of a public road. Page 1 of2 Scanned with CamScanner irAt)lX)TRl. R^M CorptiTiiiijn & LLC At K for Indlrumcnu Rtv i|7?(i;o In Witnkss \Vhi-r.i,oi Emerald Point Condominium has caused its name to be subscribed _ . its duly authorized , and its duly authorized agenl on the \V^ day of .2^3—• EMERALD POINT CONDOMINIUM r By; State Of OHIO,County Of Cuyahoga ss: tV\ Be It R£MEMBERED, that on the [J_ day of L.» ■ before me the subscriber, a Notary Public in and for said state and county, personally came the above named1>rf\ ,who acknowledged being the and duly authorized agent of Emerald Point Condominium, and who acknowledged the foregoing instrument to be the voluntary act and deed ofsaid entity. No oath or aft'innation was with regard to the notarial act. administered toT^r'i|VqAV!.^\C- In Testtmon'Y Whereof, I have hereunto subscribed my name and affixed my official seal on the day and year last aforesaid. ALBANOMAHtlAJ NOTARY PUBUC-OHIO •.■YCc:.''.:,ss:oN EXPIRES iMjB-cyup,. Notary Public My Commission expires: (|-Z?)-2^ This document was prepared by: The City of Middleburg Heights Pago 2 of2 I Scanned with CamScanner  PARCEL 3-SH n EXHIBIT "A SITUATED IN THE CITY OF MIDDLEBURG HEIGHTS, GOUNTY OF GUYAHOGA, STATE OF OHIO AND BEING KNOWN /15 PART OR O.L. I, SEGTION 8 IN ORIGINAL MIDDLEBURG TOWNSHIP SHELDON ROAD CW-13 & M PERPETUAL EASEMENT FOR HIGHWA Y PURPOSES CITY OF BROOK PARK 0 10 20 0 SCALE IN FEET 9 0 SHELDON ROAD (60') 4L—§ 29.63' I S.88°22'36"E. 90° C:iJ o O o > O rv^ rv~) o 1 o -o Q; 0^ 13.00' •O ,0: •<5> S.88°22'36"E. k. Ex QEE> 'St 161 SO.FT. Ok X 0.0037 AC. O c\j (~N 9.50 S.52°37'00"W. CITY OF MIDDLEBURG HEIGHTS 9.50 5.19N1'50"W. 3.00' N.87°39'34"W. @ EUTHENICS{} P.P.N. 372-01-001 EMERALD POINT CONDOMINIUM 8235 Mohawk Dr. | Cleveland, OH 44136 91-7170, PG. 4 O.R.C.C.  EXHIBIT A RX 270 SH Page 1 of2 Rev.06/09 VER. DATE 12/22/2022 PARCEL 3-SH (SHELDON ROAD CW-13 & 14) PERPETUAL EASEMENT FOR HIGHWAY PURPOSES WITHOUT LIMITATION OF EXISTING ACCESS RIGHTS An exclusive perpetual easement for public highway and road purposes, including, but not limited to any utility construction, relocation, and/or utility maintenance work deemed appropriate by the State of Ohio, its successors and assigns forever. Grantor/Owner, for himself and his heirs, executors, administrators, successors and assigns, reserves all existing rights of ingress and egress to and from any residual area (as used herein, the expression “Grantor/Owner” includes the plural, and words in the masculine include the feminine or neuter). (Surveyor’s description of the premises follows) Situated in the City of Middleburg Heights, County of Cuyahoga, State of Ohio and being known as part of Original Middleburg Township Lot 1, Section 8 and being part of a parcel of land conveyed to Emerald Point Condominium recorded in Volume 91-7170, Page 4 Official Records Cuyahoga County, and bounded and described as follows: Beginning at a 1 inch iron pin monument box found at the intersection of the centerline of Fry Road,60.00 feet wide, and the centerline of Sheldon Road, 60.00 feet wide; Thence S. 88°22'36" E., 29.63 feet along the centerline of said Sheldon Road to a point therein; Thence S. 01°37'24" W., 30.00 feet to its intersection with the southerly line of said Sheldon Road and the easterly line of said Fry Road, and being the Principal Place of Beginning of the parcel herein deseribed: Thence with the following five (6) courses: 1) S. 88'’22'36" E., 13.00 feet along the southerly line of said Sheldon Road, to a point therein; 2) S. 01«37'24" W.,5.00 feet, to a point; Page 1 of2 - 3-SH (Sheldon Road CW-13 & 14)  EXHIBIT A RX 270 SH Page 2 of 2 Rev.06/09 VER. DATE 12/22/2022 3) S. 52»37’00" W.,9.50 feet, to a point; 4) S. 19*11’50" W.,9.50 feet, to a point; 5) N.87®39'34" W.,3.00 feet, to its intersection with the easterly line of said Fry Road; 6) N.02*20'26" E., 20.00 feet, along the easterly line of said Fry Road to the Principal Place of Beginning and containing 161 square feet or 0.0037 acres of land more or less but subject to all legal highways. The bearings used in this description are based upon the Ohio State Plane Coordinates System, North Zone, NAD83(Conus)(Mol). The above-described parcel being part of Auditor’s Permanent Parcel No. 372-01-001. This description was prepared by John M. Zaranec, Jr. P.S. 7126 and was based on a survey performed by Euthenics, Inc. in December, 2022. e O/^ ■ JOHN A h. .'o M. ZARANEC, JR. PS-7126 Page 2 of2 - 3-SH (Sheldon Road CW-13 & 14)  DELIVERED OCT | g 2023 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2023- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Grech A RESOLUTION ACCEPTING THE CONSORTIUM BID OF CARGILL, INC. SALT, ROAD SAFETY FOR UNTREATED SODIUM CHLORIDE FOR THE 2023/2024 SEASON (11/1/23 - 10/31/24) WHEREAS, through Resolution 2015-29, the City entered into an agreement with various surrounding municipalities for the purpose of forming a Joint Municipal Improvement Consortium; and WHEREAS, the City may purchase road salt through its membership in the Joint Municipal Improvement Consortium (JMIC) at a lower rate than if purchased on the open market; and WHEREAS, the Consortium has received a bid from Cargill, Inc. Salt, Road Safety, 24950 Country Club Blvd., Suite 450, North Olmsted, OH 44070 for the purchase and delivery of Untreated Sodium Chloride in the amount of $52.21 per ton, dump delivery and $59.21 per ton, piler delivery for the period November 1, 2023, through October 31, 2024, as set forth in Exhibit A attached hereto, is determined to be the lowest and best bid submitted. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1 : That the bid of Cargill, Inc. Salt, Road Safety, through the Joint Municipal Improvement Consortium, for the supplying of Untreated Sodium Chioride in the amount of $52.21 per ton, dump delivery and $59.21 per ton, piler delivery for the period of November 1, 2023, through October 31, 2024, as set forth in Exhibit A attached hereto, is hereby accepted as the lowest and best bid submitted. Section 2: That the Mayor and Finance Director are hereby authorized to enter into a contract with Cargill, Inc. Salt, Road Safety, 24950 Country Club Blvd., Suite 450, North Olmsted, OH 44070, in accordance with Section 1 of this Resolution. 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. Passed: President of Council Attest; Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech  OniV'ERED OCT 1 5 33 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2023- Introduced By; Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Grech A RESOLUTION ACCEPTING THE CONSORTIUM BID OF CARGILL, INC. SALT, ROAD SAFETY FOR TREATED SODIUM CHLORIDE FOR THE 2023/2024 SEASON (11/1/23 - 10/31/24) WHEREAS, through Resolution 2015-29, the City entered into an agreement with various surrounding municipalities for the purpose of forming a Joint Municipal Improvement Consortium; and WHEREAS, the City may purchase road salt through its membership in the Joint Municipal Improvement Consortium (JMIC) at a lower rate than if purchased on the open market; and WHEREAS, the Consortium has received a bid from Cargill, Inc. Salt, Road Safety, 24950 Country Club Blvd., Suite 450, North Olmsted, OH 44070 for the purchase and delivery of Treated Sodium Chloride in the amount of $68.32 per ton, dump delivery and $75.32 per ton, piler delivery for the period November 1, 2023, through October 31, 2024, as set forth in Exhibit A attached hereto, is determined to be the lowest and best bid submitted. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1 : That the bid of Cargill, Inc. Salt, Road Safety, through the Joint Municipal Improvement Consortium, for the supplying of Treated Sodium Chloride in the amount of $68.32 per ton, dump delivery and $75.32 per ton, piler delivery for the period of November 1, 2023, through October 31, 2024, as set forth in Exhibit A attached hereto, is hereby accepted as the lowest and best bid submitted. Section 2: That the Mayor and Finance Director are hereby authorized to enter into a contract with Cargill, Inc. Salt, Road Safety, 24950 Country Club Blvd., Suite 450, North Olmsted, OH 44070, in accordance with Section 1 of this Resolution. 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. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto AN Sage Meany McGregor Ference Grech  UELIVERBD OCT City of Middleburg Heights, Ohio Ordinance No. 2023- 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 2023 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 2023, the following sums be appropriated from the General Fund: Increase Description (Decrease) Fire - Small Tools & Minor Equip. - Donation used for Health and Wellness Equip. $ 50,000.00 Total Increase to the General Fund $ 50,000.00 Section 2. That it is hereby found and deteimined 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 OCT 1 9 2m City of Middleburg Heights, Ohio Ordinance No. 2023- Introduced by: Mayor Castelli AN ORDINANCE AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH COLLINS EQUIPMENT CORPORATION 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, Collins Equipment Corporation is competent and qualified to famish products and/or services to the City and has provided a responsive and responsible proposal, and desires to provide Fuel Management Systems Police/Fire Station and Service Garage. 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 Collins Equipment Corporation 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 an additional $2,150 from the Capital Improvements 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  Sales Quote 33326 COLLINS EQUIPMENT CORP. Date: 5/9/2023 3005 EAST 55TH STREET Page: 1 of 2 CLEVELAND, OH 44127-1290 216-641-4300 To: Ship Sell To: CITY OF MIDDLEBURG HEIGHTS CITY OF MIDDLEBURG HEIGHTS TIM ROMANOWSKI TIM ROMANOW/SKI POLICE AND SERVICE GARAGES 15900 BAG LEY RD MIDDLEBURG HTS, OH 44130 MIDDLEBURG HTS, OH 44130 Ship Via Customer ID MDLBGHTS Terms NET 10 DAYS Sales Person D. Bates NO APPLICABLE TAXES INCLUDED We are pleased to quoter on furnishing the necessary labor, materials, and equipment to replace your existing PetroVend K800 fuel management system at your service garage with a new OPWFMS (PetroVend)PV-200 Pro with SQL-Lite Software with Factory Startup. Additionally, we will install a new OPWFMS (PetroVend)PV-200 Pro with SQL-Lite Software with Factory Startup at your police station. Service Garage Qty 1: PV 200 fuel island terminal with weather shield, pedestal, pump control modules for four(4) hoses, proximity card reader (style TBD), and mounting hardware. Qty 1: External Fuel Site Controller FSC 3000 Installation will include the following: 1. Mobilize to the site and backup existing database and card records. 2. Remove pedestal and K800 fuel island terminal from the island. 3. Install new pedestal and fuel island terminal on the island. 4. Reuse existing dispenser wiring for power, control and communication. 5. Install new Fuel Site Controller in the office where the existing equipment is located. 6. Start up system and assure proper operation. Cost for above...$15,661.00 Please note: 1. SQL Lite software is included with this system and comes with five (5)site licenses. 2. This quotation is based on all existing conduits and wiring being reusable for this new system. If new wiring or conduits must be installed, we will quote at that time. PURCHASER By By DULY AUTHORIZED AGENT Date TITLE Terms and Conditions printed on reverse side of this sheet, and any attachments hereto, constitute a part of this quotation and contract. Add 3% convenience fee if paying by credit card.  Sales Quote COLLINS 33326 EQUIPMENT CORP. Date: 5/9/2023 3005 EAST 55TH STREET Page: 2 of 2 CLEVELAND, OH 44127-1290 216-641-4300 To: Ship Sell To: CITY OF MIDDLEBURG HEIGHTS CITY OF MIDDLEBURG HEIGHTS TIM ROMANOWSKI TIM ROMANOWSKI POLICE AND SERVICE GARAGES 15900 BAGLEY RD MIDDLEBURG HTS, OH 44130 MIDDLEBURG HTS, OH 44130 Ship Via Customer ID MDLBGHTS Terms NET 10 DAYS Sales Person D, Bates NO APPLICABLE TAXES INCLUDED Police Station: Qty 1; PV 200 fuel island terminal with weather shield, pedestal, pump control modules for one(1)hose, proximity card reader (style TBD),and mounting hardware. Qty 1: Internal Fuel Site Controller FSC 3000 Installation will include the following: 1. Mobilize to the site and backup existing database and card records. 2. Install new pedestal on concrete island adjacent to the existing gasoline pump. 3. Disconnect KejTrol system from the existing Gasboy Dispenser. 4. Connect power and Cat5 cable to the new system (please see note 1) 5. Install new conduit and wiring above grade between the pump and the Fuel Island Terminal. 6. Start up system and assure proper operation. Cost for above...$16,487.00 Please note: 1. Installation of conduit and wiring for Cat5 and power to the Fuel Island Terminal by others. PURCHASER By By DULY AUTHORIZED AGENT Date TITLE Terms and Conditions printed on reverse side of this sheet, and any attachments hereto, constitute a part of this quotation and contract. Add 3% convenience fee if paying by credit card.  delivered OCT I 9 im CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2023- Introduced By: Mayor Matthew Castelli A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A THIRD AMENDMENT TO AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF STRONGSVILLE, OH AND THE CITY OF MIDDLEBURG HEIGHTS, OH WHEREAS, through adoption of Resolution 2021-40 on May 27, 2021, Middleburg Heights City Council authorized an agreement with the City of Strongsville for Public Safety Dispatch Services; and WHEREAS, at that time, Middleburg Heights agreed to certain terms and conditions in connection with payment to Strongsville for Strongsville’s provision of such public safety services; and WHEREAS, on November 1, 2021, the parties entered into a First Amendment to Agreement providing for an adjustment to the provision for payment based upon the one-half year of operations and consistent with the Agreement; and WHEREAS, for the year 2023, the parties entered into a Second Amendment to Agreement providing for an adjustment to the provision for payment based upon one and one-half (1 V2) years of operations and consistent with the Agreement; and WHEREAS, now based upon two and one-half years (1/2) of operations and in accordance with provisions of said Agreement, it is now necessary to further amend the provision relating to payment for Dispatch Services. NOW, THEREFORE, BE IT RESOLVED 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 “Third Amendment to Agreement for Public Safety Dispatch Services between the City of Strongsville, OH and the City of Middleburg Heights, OH”, 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 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 All Sage Meany McGregor Ference Grech  THIRD AMENDMENT TO AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF STRONGSVILLE,OHIO AND MIDDLEBURG HEIGHTS,OHIO THIS THIRD AMENDMENT TO AGREEMENT made at Strongsville, Ohio, this day of ,, 2023, by and between the CITY OF STRONGSVILLE, Ohio, hereinafter designated as “Strongsville”, and MIDDLEBURG HEIGHTS, Ohio, hereinafter designated as “Middleburg”. WITNESSETH: WHEREAS, through adoption of Ordinance No. 2021-084 on June 7, 2021, the Strongsville City Council authorized an Agreement with the City of Middleburg Heights for public safety services; and WHEREAS, through adoption of Resolution No. 2021-40 on May 27, 2021, the Middleburg Heights City Council likewise authorized an Agreement with Strongsville for such public safety services; and WHEREAS,on June 7, 2021, Strongsville and Middleburg entered into an Agreementfor Public Safety Dispatch Services, in which Strongsville agreed to dispatch Middleburg Police Department and Fire Department calls, on a twenty-four (24) hour basis, to authorized personnel of the Middleburg Police Department and the Middleburg Fire Department and other public safety resources generally with regard to emergency and non-emergency incidents, and with communication support and services/systems directly related to the dispatch function, and subject to other specific terms and conditions contained therein; and WHEREAS, at that time, Middleburg agreed to certain terms and conditions in connection with payment to Strongsville for Strongsville’s provision of such Dispatch Services; and WHEREAS, based upon one-half year of operations in 2021 and in accordance with provisions of said Agreement, it was necessary to amend the provision relating to payment for Dispatch Services; and WHEREAS, on November 1, 2021, the parties entered into a First Amendment to Agreement providing for an adjustment to the provision for payment based upon the one-half year of operations and consistent with the Agreement, and as authorized by Strongsville City Council in Ordinance No. 2021-143; and WHEREAS, for the year 2023, the parties entered into a Second Amendment to Agreement providing for an adjustment to the provision for payment based upon one and one- half (IVt) years of operations and consistent with the Agreement; and as authorized by Strongsville City Council in Ordinance No. 2023-015; and  WHEREAS, now based upon two and one-half years (2Vi) of operations and in accordance with provisions of said Agreement, it is now necessary to further amend the provision relating to payment for Dispatch Services. 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 1(E)of the Agreement be and is hereby amended to read in part as follows: “E. Payment for Dispatch Services: Middleburg, in consideration of the provision of the Dispatch Services outlined herein, agrees to pay Strongsville the amount of Thirty-Seven Thousand Five Himdred and 00/100 Dollars ($37,500.00) for the month of June, 2021 and each month thereafter until December 31, 2021, by the fifteenth (15*) of each month for Dispatch Services provided in that month. For the period of operation from January 1, 2022 through December 31, 2022, Middleburg will pay Strongsville at an increased rate of pay of Thirty-Eight Thousand Three Hundred Thirty-Four and 00/100 Dollars ($38,334.00) per month by the fifteenth (15*) of each month for Dispatch Services provided in that month, for a total of Four Hundred Sixty Thousand Eight and 00/100 Dollars ($460,008.00). For the period of operation from January 1, 2023 through December 31, 2023, Middleburg will pay Strongsville at an increased rate of pay of Forty Thousand Six Hundred Thirty-Three and 00/100 Dollars ($40,633.00) per month by the fifteenth (15*) of each month for Dispatch Services provided in that month, for a total of Four Hundred Eighty-Seven Thousand Five Hundred Ninety-Six and 00/100 Dollars ($487,596.00). ” For the period of operation from January 1, 2024 through December 31, 2024, Middleburg will pay Strongsville at an increased rate of pay of Forty-One Thousand Four Hundred Thirty-One and 42/100 Dollars ($41,431.42) per month by the fifteenth (15‘'') of each month for Dispatch Services provided in that month, for a total of Four Hundred Ninety-Seven Thousand One Hundred Seventy-Seven and 00/100 Dollars ($497,177.00).” 2. This Third Amendment to Agreement amends, modifies and supplements the Agreement effective January 1, 2024 only as specifically set forth herein. All rights and obligations of Strongsville and Middleburg under the Agreement and all other provisions not specifically amended herein remain unmodified and in full force and effect. 2  3. This Third Amendment to Agreement shall be binding upon Strongsville and Middleburg and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement the day and year first above written. Signed in the presence of: CITY OF MIDDLEBURG HEIGHTS (“Middleburg”) By:, Matthew J. Castelli, Mayor CITY OF STRONGSVILLE (“Strongsville”) By:. Thomas P. Perciak, Mayor CERTIFICATE OF FINANCE DIRECTOR 1 hereby certify that the amount of money required to meet the expenditures called for by this Amendment to Agreement is in the treasury, to the credit of the fund for which it is to be drawn, or in the process of collection, and not appropriated for any other purpose. Date Jason Stewart, Finance Director City of Middleburg Heights CERTIFICATE OF LAW DIRECTOR FOR MIDDLEBURG HEIGHTS I have hereby reviewed and approved the form of the foregoing Amendment to Agreement this day of ,2023. Santo T. Incorvaia, Law Director CERTIFICATE OF LAW DIRECTOR FOR THE CITY OF STRONGSVILLE I have hereby reviewed and approved the form of the foregoing Amendment to Agreement this day of ,2023. Neal M. Jamison, Law Director 3