City Council

City of Middleburg Heights,Ohio Council Agenda December 12,2023 6:30 P.M. SWEARING-IN FOR MEMBERS OF CITY COUNCIL 6:55 P.M.PUBLIC HEARING- ORDINANCE NO.2023-78,ZONING CODE EDITS 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting ofNovember 28,2023 Minutes ofExecutive Session ofNovember 28,2023 COMMUNICATIONS Notice to Legislative Authority requesting new liquor permit to First Watch Restaurants, 18324 Bagley 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 ADJOURFJMENT  City of Middlebijrg Heights,Ohio Council Agenda DECEMBER 12,2023 PAGE 2 2023 PENDING LEGISLATION ORDINANCE NO.2023-78-INTRODUCED BY MA VOW TASTFI T l An Ordinance approving the proposed zoning code edits submitted by Stewart Land Use. First Reading and Referred to Planning Commission 10/10/23,Second Reading 10/24/23 Public Hearing 12/12/23 UN-NUMBERED LEGISLATION INTRODUCED BY COUNCIL PRESIDENT BQRTOLQTTO An Ordin^ce to make supplemental appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2023. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor to enter into an agreement with Susan E. Cobb for the purchase ofan easement as part ofthe Sheldon Road Resurfacing Project. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the appropriation ofreal property for the resurfacing of Sheldon Road irom Engle Road to Smith Road in the City of Middleburg Heights; authorizing the mayor and/or service director to proceed with the acquisition of property required for public highway purposes; authorizing the finance director to issue thereal monetary warrants to be deposited with the Probate Court of Cuyahoga County in an amount that is equal to the fair market value of the property and declaring an emergency. INTRODUCED BY COUNCILMAN MF.ANY A Resolution authorizing the mayor to enter into a Stormwater Outfall Easement with the Board of Park Commissioners of the Cleveland Metropolitan Park District for the Abrams Creek Basin 3 Project. INTRODUCED BY MAYOR CASTELLI An Ordinance to make appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2024. INTRODUCED BY MAYOR CASTE!JJ An Ordinance authorizing the mayor and finance director to enter into a contract with South Shore Cable Construction, Inc.  OHIO DIVISION OF LIQUOR CONTROL NOTICE TO LEGISLATIVE 6606 TOSSING ROAD, P.O. BOX 4005 AUTHORITY REYNOLDSBURG, OHIO 43068-9005 (614)644-2360 FAX(614)644-3166 TO 27401200205 NEW FIRST WATCH RESTAURANTS INC PERMIT NUMBER TYPE 18324 BAGLEY RD MIDDLEBURG HGTS OH 44130 ISSUE DATE 11 09 2023 FILING DATE D5I PERMIT CLASSES 18 352 C D99196 TAX biSTRICT RFCFIPT NO. FROM 11/20/2023 PERMIT NUM6ER ISSUE DATE FILING DATE P£RM11-£L TAX DISTRICT I RECEIPT NO, MAILED 11/20/2023 RESPONSES MUST BE POSTMARKED NO LATER THAN. 12/21/2023 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 2740120-0205 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—I IN OUR COUNTY SEAT. ] 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)- □ Cleric of County Commissioner (Date) □ Cleric 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 REV. 03/09 DLC 4052  delivered DtC 3 City of Middleburg Heights, Ohio Ordinance No. 2023- 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 2023 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY,STATE OF OHIO: Section 1. Tliat 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) Service - Wages & Fringe Benefits - Part-time Wages $ (42,500.00) Service - Wages & Fringe Benefits - Overtime $ 15,000.00 Facility Maintenance - Wages & Fringe Benefits - Overtime $ 2,500.00 Advances - Advance to Streets/Infrastructure Imp. Fund (Awaiting Reimb.) $ 1,750,000.00 Total Increase to the General Fund $ 1,725,000.00 Section 2. 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 SCM&R Fund: Increase Description (Decrease) Streets - Wages & Fringe Benefits - Regular Wages $ 15,000.00 Streets - Wages & Fringe Benefits - Overtime $ 10,000.00 Total Increase to the SCM&R Fund $ 25,000.00 Section 3. 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 Local Fiscal Recovery Fund: Increase Description (Decrease) Gen. Govt. - Wages & Fringe Benefits - Grant reimb. of prior year wages 20,000.00 Total Increase to the Local Fiscal Recovery Fund(ARPA) $ 20,000.00 Section 4. 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 Architect Review Trust Fund: Increase Description (Decrease) Building - Other - Professional Services $ (2,500.00) Total Decrease to the Architect Review Trust Fund $ (2,500.00) Section 5. 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 Examination of Plans Trust Fund: Increase Description (Decrease) Building - Other - Professional Services $ (5,500.00) Total Decrease to the Examination of Plans Trust Fund (5,500.00) Section 6. 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 Yard Grade Tmst Fund: Increase Description (Decrease) Building - Other - Professional Services (1,700.00) Total Decrease to the Yard Grade Trust Fund $ (1,700.00) Section 7. 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 Sidewalk Grade Trust Fund: Increase Description (Decrease) Building - Other - Professional Services $ (100.00) Total Decrease to the Sidewalk Grade Trust Fund $ (100.00) Section 8. 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 Tree Planting Trust Fund: Increase Description (Decrease) Building - Other - Professional Services $ (500.00) Total Decrease to the Tree Planting Trust Fund $ (500.00) Section 9. 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 Misc. Insp. Trust Fund: Increase Description (Decrease) Building - Other - Refunds and Reimbursements $ (8,200.00) Total Decrease to the Misc. Insp. Trust Fund $ (8,200.00) Section 10. 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 Board of Building Standards Fund: Increase Description (Decrease) Building - Other - State Fee 5,007.06 Total Increase to the Board of Bldg. Standards Trust Fund 5,007.06 Section 11. That it is hereby found and detennined 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  FINANCE DEPARTMENT Jason Stewart, CPA,Director of Finance Matthew J. Castelli, Mayor Nicholas Vitalone, Assistant Finance Director '\'o: Members of(Council MEMORANDUM I’lom: |ason Stewart, binance Director Date: December 7, 2023 Subject: (71ean-iip Appropriation Attached vou will find the 2023 cleanoija ap]->ro|anation ordtnance for \onr consideration. J liere are a nutnber of items for \ <nir consideration. 1 har'c broken them down li\' fund lielow: Sections #1-2: General Fund and SCM&R Fund Item 1.) Wages for the Ser\'ice Department are accounted for in three separate departments, and although total wage costs are well below budget in total, a transfer of wage appropriations between line items within the various Service Department budgets is necessary to properly account for the functions of the Streets Department and to anticipate additional o\ errime costs being incurred due to snow- plow ing prior to \ ear-end. Item 2.) W'e are expected to receive approximateh 51,750,0(10 in funding from NI'.ORSD and (Aivahoga Countv for several projects including the Big Creek Detention Basin, Sheldon Road W'aterline, Hvde I’ark Storm Sewer and Sanitary Sewer Backup Reduction Grant Ih’ogram. I’hose kinds will not be recei\ ed jvrior to the end of 2023; therefore, we will need to ach ance these funds and repa\- the (ieneral bund once those funds are recei\ ed in 2024. Sections #3: Local Fiscal Recovery Fund Item 1.) farlier this t ear, the Cin receit ed a S20,0(KI grant from the( Miio Office of Budget and Management through the ()hio .\mbulance J ransportation I’rogram that pro\-idcd funds to support unreimbursed direct costs related to responding to and mitigating CO\'lDA9 during the pandemic. Based on guidance from the Ohio .Auditor of Stale, instead of directh" receiving the grant into the (ieneral bund to reimburse those costs, we are reejuired to receipt the funds into the focal fiscal Recewerv bund (,\RP,\) and charge that fund for those prcwiouslv incurred expenses and record a refund of prior \ car expenditures in the (Ieneral bund. Sections #4-10: Various Funds I hese items are monies held in trust for others. Revenue collections for the Board of Building Standards bund have exceeded budgeted revenue for the year, bhe appropriation must be increased to facilitate payment to the State of Ohio, bhe revenue collections for the .\rchitect Re\ iew brust bund, b'.xaminalion of Plans 1 rust bund, h ard (irade brust bund. Sidewalk tirade brust bund, free Planting brust bund, and Misc. Inspection brust bund came below original estimates, therefore the resources of that fund. apjrropriations must be reduced so that the\ do not^-xceed C^iiy of Middlcburg Heights (440) 234-8989 15700 Baglcy Road jstewart@>middleburgheights.com Middlcburg Heights, OH 44130 nvitalone@)middleburgheights.coni ■J'hank vou f(M' your considerafion of these items, as always should you have any questions, please feel free to gn’e me a call. 2  delivered dec 0 ? 2323 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 SUSAN E. COBB 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 Susan E. Cobb for the purchase of a perpetual easement described in Exhibit A attached, on the following described real estate: Parcel 7-SH (Sheldon Road CW- 20). Section 2: That there is hereby appropriated $. 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 AN Sage Meany McGregor Ference Grech  EXHIBIT A RX 270 SH Page 1 of2 Rev. 06/09 VER. DATE 12/22/2022 PARCEL 7-SH (SHELDON ROAD CW-20) 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 Susan E. Cobb recorded in AFN 202109010575 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., 1 138.33 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 westerly 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. 02®24'14" W., 12.50 feet along the westerly line of said Nantucket Lane, to a point therein; Page 1 of 2 - 7-SH (Sheldon Road CW-20)  EXHIBIT A RX 270 SH Page 2 of 2 Rev.06/09 VER. DATE nmnoii 2) N. 87“35'46" W.,7.50 feet, to a point; 3) N. 21«12'34" W.,8.00 feet, to a point; 4) N.49®28'42" W.,8.00 feet, to its intersection with the southerly line of said Sheldon Road; 5) S. 88®22'36" E., 17.00 feet, along the southerly line of said Sheldon Road to the Principal Place of Beginning and containing 137 square feet or 0.0031 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. 372-01-147. 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 Oa JOHN 4^^ 'o.' ■ ”0 X- M. ZARANEC, JR. PS-7126 ■P. . .-' .A % Page 2 of 2 - 7-SH (Sheldon Road CW-20)  PARCEL 7-SH II EXHIBIT "A SITUA TED IN THE CITY OE MIDDLEBURG HEIGHTS, COUNTY OE CUYAHOGA, STATE OE OHIO AND BEING KNOWN /IS PART OF O.L. 1, SECTION 8 IN ORIGINAL MIDDLEBURG TOWNSHIP SHELDON ROAD CW-20 PERPETUAL EASEMENT FOR HIGHWAY PURPOSES CITY OF BROOK PARK 0 10 20 ,0 SCALE IN FEET 0 i' SHELDON ROAD (60') 1138.33' S.88°22'36"E. } / 60^ % Q Cj3h>- O rv^ o 137 SQ.FT. rv-^ o Q: 0.0031 AC. P; k. 17.00' O' Lj ?• S.88°22'36"E. Ex R/W 'P ^57 So 3: CITY OF m JS> MIDDLEBURG HEIGHTS X <\i :d k 7.50'^ N.87°35'46"W. P.P.N. 372-01-147 SUSAN E. COBB AFN 202109010575 EUTHENICSH 8235 Mohawk Dr. | Cleveland, OH 44136  DELIVERED DEC 0 7 2023 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2023- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Grech A RESOLUTION AUTHORIZING THE APPROPRIATION OF REAL PROPERTY FOR THE RESURFACING OF SHELDON ROAD FROM ENGLE ROAD TO SMITH ROAD IN THE CITY OF MIDDLEBURG HEIGHTS; AUTHORIZING THE MAYOR AND/OR SERVICE DIRECTOR TO PROCEED WITH THE ACQUISITION OF REAL PROPERTY REQUIRED FOR PUBLIC HIGHWAY PURPOSES; AUTHORIZING THE FINANCE DIRECTOR TO ISSUE THE MONETARY WARRANTS TO BE DEPOSITED WITH THE PROBATE COURT OF CUYAHOGA COUNTY IN AN AMOUNT THAT IS EQUAL TO THE FAIR MARKET VALUE OF THE PROPERTY AND DECLARING AN EMERGENCY WHEREAS, on July 20, 2020, this Council adopted Ordinance 2020-63, which authorized the Mayor to enter into an agreement with Cuyahoga County for the resurfacing of Sheldon Road from Engle Road to Smith Road, and authorized the City of Middleburg Heights to acquire the necessary Right-of-Way to proceed with the resurfacing of Sheldon Road from Engle Road to Smith Road in the City of Middleburg Heights; and WHEREAS, upon receiving the necessary authorization to proceed with acquisition of Right-Of-Way, a fair market analysis was conducted, and fee appraisals were made; and WHEREAS, the City's agent, MS Consultants, Inc., endeavored to acquire the necessary parcels through voluntary negotiation and settlement efforts with the property owners, but has reported that equitable settlement agreements could not be reached on the property set forth below; and WHEREAS, the Director of Public Service has requested that the City appropriate certain property rights required for highway purposes for the above-described improvement, identified as the following parcel of land; Parcel 7-SH (Standard Highway Easement) Property Owner: Susan E. Cobb Address: 6610 Nantucket Lane, Middleburg Heights, OH 44130 Fair Market Value Estimate: WHEREAS, the necessity for the immediate effectiveness of this Resolution is established because federal funds are being utilized for Right-of-Way acquisition on this project and the City is required to progress on schedule for the project in order to maintain project funding deadlines; and WHEREAS, the Right-of-Way cannot be certified to the Ohio Department of Transportation as being ready for construction unless and until all Right-of-Way parcels have been acquired either by agreement or by the filing of a petition for appropriation together with a check in the amount of the Fair Market Value Estimate made payable to the Cuyahoga County Probate Court, in the Cuyahoga County Probate Court. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That certain real property as required for resurfacing of Sheldon Road from Engle Road to Smith Road in the City of Middleburg Heights; as described below be, and the same is, hereby declared necessary to appropriate for public use, more specifically for the purpose of making or repairing roads which shall be open to the public, without charge. Such property is described as follows: Parcel 7-SH (Standard Highway Easement) Property Owner: Susan E. Cobb Address: 6610 Nantucket Lane, Middleburg Heights, OH 44130 Fair Market Value Estimate: Section 2: That the Mayor and/or Service Director is hereby authorized to proceed with filing the necessary action to acquire the property as described above. Section 3: That the Finance Director be, and is, hereby authorized to issue monetary warrants in the amount of the Fair Market Value Estimate listed above, made payable to the Cuyahoga County Probate Court, said warrants to be deposited with the Probate Court at the time of filing the petitions to appropriate. Section 4: 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 5: That this Resolution is hereby declared to be an emergency measure immediately necessary in order that critical services provided by the City of Middleburg Heights can continue and to assure that work on the improvement can commence during the prime construction season. Otherwise, any delay in commencement of the work may cause delay to the work and result in significant cost increases to the City. Provided this Resolution 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; President of Council Attest; Clerk of Council Approved On; Presented to Mayor; Mayor Yea Nay Bortolotto AN Sage Meany McGregor Ference Grech  DELIVERED DEC 0 1 2023 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2023- Introduced By: Mr. Meany Co-Sponsors: Mr. All, Mr. McGregor A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A STORMWATER OUTFALL EASEMENT WITH THE BOARD OF PARK COMMISSIONERS OF THE CLEVELAND METROPOLITAN PARK DISTRICT FOR THE ABRAMS CREEK BASIN 3 PROJECT WHEREAS, the Board of Park Commissioners of the Cleveland Metropolitan Park District is the fee simple owner of certain real property located in Cuyahoga County known as Permanent Parcel No. 372-23-003 (consolidated with PPN 372-23-001) (“Property”); and WHEREAS, the City of Middleburg Heights desires the reasonable right to access the Property in order to construct, reconstruct, modify, supplement, maintain, operate and/or remove a storm sewer system located on the Property. 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 a Stormwater Outfall Easement agreement with the Board of Park Commissioners of the Cleveland Metropolitan Park District, a copy of which is attached hereto and marked “Exhibit A”, for the Abrams Creek Basin 3 project. 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 AN Sage Meany McGregor Ference Grech  STORMWATER OUTFALL EASEMENT THIS EASEMENT AGREEMENT (this “Agreement”) is made as of the day of , 20_, between the BOARD OF PARK COMMISSIONERS OF THE CLEVELAND METROPOLITAN PARK DISTRICT,a political subdivision ofthe State of Ohio organized and operating pursuant to Chapter 1545 of the Ohio Revised Code (“Grantor”), and the CITY OF MIDDLEBURG HEIGHTS, a municipal corporation (“Grantee”), WITNESSETH THAT: WHEREAS, Grantor herein is the fee simple owner of certain real property located in Cuyahoga County, Ohio known as Permanent Parcel No.(PPN) 372-23-003 (consolidated with PPN 372-23-001) (“Property”); and WHEREAS, Grantee desires the reasonable right to access the Property in order to construct, reconstruct, modify, supplement, maintain, operate and/or remove a storni sewer system located on the Property, including, but not limited to, two 36-inch diameter pipes and other related or useful equipment, fixtures, appurtenances, and above-ground and below-ground facilities (collectively, the "Improvements") and the right to ingress and egress across the Easement Area (as hereinafter described) for the purpose of access to and use of the Easement(as hereinafter described); and WHEREAS, Grantee has requested of Grantor a permanent, non-exclusive easement in, on, over, across, under, and through a certain portion of the above-described property as shown on Exhibit A and further described on Exhibit B attached hereto and made a part hereof for the purpose of constructing, operating, maintaining, repairing, replacing, and removing the Improvements, and Grantor has agreed to grant such a permanent, non-exclusive easement, upon the tenns and conditions hereinafter set forth. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the parties agree as follows: 1. Grant of Easement. Upon the tenns and conditions hereinafter set forth. Grantor hereby grants to Grantee a permanent, non-exclusive easement (the “Easement”), in, on, over, across, under, and through certain property more particularly described in Exhibit B attached hereto and made a part hereof (the “Easement Area”) for the purpose, at Grantee’s sole cost and expense, of constructing, operating, maintaining, repairing, replacing, and removing the Improvements in accordance with applicable laws, ordinances, rules, and regulations which are now in effect or may be adopted hereafter; provided, however, that Grantor reserves the right to use the Easement Area for any and all purposes that would not unreasonably and materially interfere with Grantee’s use of the Easement Area for the purpose specified herein.  2. Ownership and Maintenance. (a) The Improvements shall be and shall remain the property of Grantee, and Grantee shall be and shall remain solely responsible for the Improvements; provided, however, that it is expressly agreed that within the grant of the Easement is a grant of an easement only and that fee simple title to the Easement Area shall and does remain with Grantor. However, in cases of emergency or imminent danger. Grantee may commence work on the Improvements without Grantor’s prior written approval; but Grantee shall give Grantor notice of such work as soon as practicable after the emergency or imminent danger. (b) Grantee shall construct and at all times keep and maintain the Improvements in a safe and sound condition and in compliance with all applicable laws, ordinances, rules, and regulations, and Grantee has the sole and exclusive responsibility for informing itself thereof 3. Conditions of Work. (a) Prior to commencing any work on the Improvements in any instance, Grantee shall submit to Grantor plans and specifications therefor. No work shall begin on the Improvements unless and until Grantor has given to Grantee its written approval ofthe plans and specifications, which approval shall not be unreasonably withheld. Grantee shall construct the Improvements in accordance with the plans and specifications approved by Grantor unless a modification thereof is approved in writing by Grantor; provided, however, that Grantor in no event shall assume responsibility for any aspect of such plans and specifications. (b) Prior to commencing any work on the Improvements, Grantee shall have obtained any and all necessary pennits, authorizations, and other consents from any and all governmental authorities with jurisdiction. 4. Intentionally omitted. 5. Use of Easement Area. (a) After initial construction is completed. Grantee shall not store any materials or equipment on the Easement Area without the prior written approval of Grantor. (b) At Grantee’s sole cost and expense. Grantee shall restore the Easement Area not encumbered by the Improvements to good condition including replacement of trees, shrubs, lawn grass, other landscaping features, sidewalks, all-purpose trails, driveways, pavement, and fences. Without limiting the generality of the foregoing, the Grantee (i) shall seed all disturbed lawn grass with a mixture of twenty percent (20%) Kentucky 31 Fescue, twenty-five percent(25%) Common Kentucky Bluegrass, twenty percent(20%) Manhattan Rye Grass, and thirty-five percent(35%)Creeping Red Fescue at the rate of eight(8) pounds per one thousand (1,000)square feet and (ii) shall add lime or fertilizer to the lawn grass at the required rate, if Grantor so directs. (c) Grantee will not impede the growth or development of any naturally occurring vegetative cover of the Easement Area unless it has obtained the prior written approval ofthe Grantor. 6. Intentionally omitted. 7. Insurance. Grantee shall maintain and pay for, or cause to be maintained and paid for,(i) commercial general liability insurance, including without limitation contractual liability coverage, products and completed operations coverage, and coverage for collapse, underground exposure, and explosion 2 hazards; and (ii) commercial automobile liability insurance for owned, hired, and non-owned automobiles. Such insurance(A) shall insure against claims for bodily injury (including death) and property damage, with each policy having a combined single limit of not less than $1,000,000 per occurrence,(B) shall be primary to any insurance maintained by Grantor, and (C)shall name the Board of Park Commissioners of the Cleveland Metropolitan Park District as an additional insured. Certificates of insurance evidencing the aforementioned coverage(s) shall be provided to Grantor prior to commencement of the work. Grantor reserves the right to request a full and complete copy of all insurance policies. Grantee’s coverage may not be cancelled or materially changed until at least ten (10) days after written notice to Grantor. The aforementioned insurance coverage(s)shall be placed with an insurance company listed in the latest edition of“Best’s Insurance Guide and Key Ratings” with a policy rating of at least A-, X. 8. Reversion to Grantor. If at any time the Easement ceases to be used by Grantee for the purpose specified herein, the rights hereby granted automatically shall tenninate and the Easement shall revert to Grantor, provided that Grantor shall be entitled to retain all rights and remedies that previously may have accrued against Grantee with respect to the Easement. 9. Termination. Grantor may terminate this Agreement and the Easement if Grantee is in violation ofany tenn ofthis Agreement and such violation remains uncured for thirty(30)days after written notice of the violation. 10. Notices. Whenever a Party is required or pennitted to give notice to the other pursuant to this Easement, such notice shall be deemed given when delivered by hand or via regular U.S. mail and addressed as follows: If to Grantor: Cleveland Metroparks Attn: Chief Executive Officer 4101 Fulton Parkway Cleveland, Ohio 44144 With a copy to: Cleveland Metroparks Attn: Chief Legal and Ethics Officer 4101 Fulton Parkway Cleveland, Ohio 44144 If to Grantee: City of Middleburg Heights Attn: Law Director 15700 Bagley Road Middleburg Heights, OH 44130 Either party may from time to time change its designated recipient or address for notification purposes by giving the other party written notice of the new designated recipient or address and the date upon which such new recipient or address will become effective. 11. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect thereto. 12. Modification. No modification ofthis Agreement shall be binding upon Grantor or Grantee unless set forth in writing and executed by Grantor and Grantee. 3  13. Severability. If any provision of this Agreement shall be or become invalid or unenforceable, then this Agreement shall be divisible as to such provision, and the remainder of this Agreement shall be and remain valid and binding as though such provision were not included herein. 14. Third-Paitv Rights. Nothing herein expressed or implied is intended or shall be construed to confer upon any other entity, other than as herein set forth, any rights or remedies under, or by reason of, this Agreement. 15. Successors and Assigns. The rights and obligations of the parties set forth herein shall be binding upon, and inure to the benefit of, each of them, and their respective successors and assigns. 16. Choice of Law/Jurisdiction. This Agreement shall be governed by the laws of the State of Ohio regardless of any choice of law principles. All actions arising from or relating to this Agreement or the Improvements may be instituted and prosecuted only in a federal or state court located in Cuyahoga County, Ohio, and the Parties consent to the exercise of personal jurisdiction by and exclusive venue in such courts. 17. Signature. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. By entering into this Agreement, the Parties agree on behalf of themselves, their officers, employees, subcontractors, sub grantees, agents or assigns, that this transaction may be conducted by electronic means by agreeing that all documents requiring signatures by the Parties may be executed by electronic means, and that the electronic signatures affixed by the Parties to said documents shall have the same legal effect as if that signature was manually affixed to a paper version of the document. The Parties also agree to be bound by the provisions of Chapter 1306 of the Ohio Revised Code as it pertains to electronic transactions. 18. Publicity. Grantee shall not discuss this Agreement or its contents with the media, use Grantor’s name or logos or issue any press release or other public statement related hereto, unless authorized in writing by Grantor, which authorization may be withdrawn by Grantor at any time. Publicity prohibited hereunder shall include, but not be limited to, press releases, press interviews, magazine articles,trade show displays, customer lists, web sites, social media sites. Grantee success stories, testimonials, and present or prospective client references. Nothing in this Agreement shall be construed to grant Grantee or any other individual or entity any rights in and/or to the name, any trademark, any logo, and/or any other property of Grantor. 19. Public Records. Grantee acknowledges that this Agreement and other records in the possession or control of Grantor regarding the Improvements may be public records under Ohio Revised Code Section 149.43 and may be open to public inspection unless a legal exemption applies. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]  IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the day and year first above written. GRANTEE: CITY OF MIDDLEBURG HEIGHTS By: Matthew J. Castelli Mayor STATE OF OHIO ) ) SS: COUNTY OF CUYAHOGA ) The foregoing instrument was acknowledged before me this day of , 20_ by Matthew J. Castelli, Mayor of the City of Middleburg Heights, a municipal corporation in Ohio, on behalf of said municipal corporation. Notarial Seal Notary Public My commission expires: ,5  GRANTOR: BOARD OF PARK COMMISSIONERS OF THE CLEVELAND METROPOLITAN PARK DISTRICT By: Brian M.Zimmerman Chief Executive Officer Approved as to legal fonn by Rosalina M. Fini, Chief Legal & Ethics Officer: By: Kyle G. Baker, Senior Assistant Legal Counsel STATE OF OHIO ) ) SS: COUNTY OF CUYAHOGA ) The foregoing instrument was acknowledged before me this day of , 20. by Brian M. Zimmerman, Chief Executive Officer of the Board of Park Commissioners of the Cleveland Metropolitan Park District, a political subsidiary of the State of Ohio, on behalf ofsaid political subsidiary. Notarial Seal Notary Public My commission expires: This instrument prepared by, and should be returned to: KyleC. Baker(0085270) Cleveland Metroparks Administrative Offices 4101 Fulton Parkway Cleveland, Ohio 44144 () / EXHIBIT A Easement Area  \ N EXHIBIT B Legal Description  delivered Dt^ u ^ 2025 City of Middleburg Heights, Ohio Appr2401.doc Ordinance No. 2023- Introduced by: Mayor Matthew Castelli AN ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENDITURES AND EXPENSES FOR THE CITY OF MIDDLEBURG HEIGHTS FOR THE CALENDAR YEAR 2024 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 2024, the following sums shall be appropriated as shown in the attached 2024 Appropriations schedule, marked Exhibit A. Section 2. That 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 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 CITY OF MIDDLEBURG HEIGHTS EXHIBIT A APPROPRIATIONS 2024 Total Wages & Fringe Total Department Department Benefits Other Total Police $ 5,692,989.31 $ 1,216,231.00 $ 6,909,220.31 A Fire 4,681,320.64 465,562.00 5,146,882.64 Senior Bus 96,000.00 96,000.00 Planning & Zoning 117,314.05 4,700.00 122,014.05 Building Department 713,555.39 32,100.00 745,655.39 Engineer 60,288.28 60,288.28 Refuse Removal 1,590,000.00 1,590,000.00 Mayor's Court 321,799.95 7,600.00 329,399.95 Community Diversion 8,860.00 8,860.00 Mayor 448,452.61 10,300.00 458,752.61 Economic Deveiopment 188,466.67 348,050.00 536,516.67 Finance 659,040.62 47,600.00 706,640.62 Law Department 375,420.61 142,350.00 517,770.61 Service Department 3,218,167.16 477,800.00 3,695,967.16 Service Department Fac. Maint 492,887.99 356,000.00 848,887.99 Council 508,904.60 92,650.00 601,554.60 Boards & Commissions 3,268.00 7,900.00 11,168.00 City Hall/Gen'l Gov't 275,000.00 1,067,400.00 1,342,400.00 Statutory Accounts 961,129.00 961,129.00 Transfers 2,710,000.00 2,710,000.00 Advances TOTAL GENERAL FUND $ 17,696,587.60 $ 9,702,520.28 $ 27,399,107.88 S.C.M.& R. Fund $ 1,113,510.78 $ 1,319,450.00 $ 2,432,960.78 State Highway Fund 65,000.00 65,000.00 Recreation Fund 2,263,242.93 979,260.00 3,242,502.93 Court Computer 13,600.00 13,600.00 L.E. Education L.E. Drug Penalty L.E. Contra Seizure 2,000.00 2,000.00 L.E. Drug Fine Fund Police Prof. Training Fund 10,000.00 10,000.00 One Ohio Opioid Settle. Fund Medical Transport Fund 46,281.93 190,500.00 236,781.93 FEMA Grant Fund Local Fiscal Recovery Fund 2,477,326.87 2,477,326.87 PACE Special Assessment Fund 294,700.00 294,700.00 Bond Retirement 1,653,000.00 1,653,000.00 Capital Improvements 4,484,310.95 4,484,310.95 B Streets/Infrastructure Imp. 13,646,302.00 13,646,302.00 Fat Head's Brewing TIF Fund 81,000.00 81,000.00 Health Insurance Reserve 3,925,000.00 3,925,000.00 Police Pension Fund 192,000.00 100.00 192,100.00 Fire Pension Fund 192,000.00 100.00 192,100.00 Architect Trust Fund 11,000.00 11,000.00 Builders Bond Trust 83,000.00 83,000.00 Examination of Plans 59,000.00 59,000.00 Yard Grade Trust 2,200.00 2,200.00 Sidewalk Grade Trust Tree Planting Trust 7,000.00 7,000.00 Misc Inspection Deposit 25,000.00 25,000.00 Unclaimed Monies Trust 159,700.00 159,700.00 Veterans Memorial 7,600.00 7,600.00 Rental Deposit Fund 1,000.00 1,000.00 Flexible Spending Trust Fund 66,450.00 66,450.00 Tri-City Bark Park Fund 10,000.00 10,000.00 Bd. of Building Stds. 8,000.00 8,000.00 Southwest General 200,000.00 200,000.00 TOTAL ALL FUNDS $ 21,503,623.24 $ 39,484,120.10 $ 60,987,743.34 A - Increased by $47,000. Increase of $27,000 for the correction of the oversight of the cloud storage/warranties on the Police body and dash cams. Additional $20,000 added for the Animal Control facility changes to better accommodate the adoption function. B - Increased by $13,000. Increase of $8,000 for the 2024 Salt Truck replacement and an additional $5,000 the replacement of fitness equipment at the Community Center.  delivered DtC n j 2fi?3 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 SOUTH SHORE CABLE CONSTRUCTION.INC. 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, South Shore Cable Construction. Inc, 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 City Campus Fiber Connections 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 South Shore Cable Construction, Inc, 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 $11,000 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  PROPOSAL South Shore Cable Construction, Inc. 6400 Kolthoff Drive, Brook Park, Ohio 44142 (440)816-0033(440) 234-9850 Fax dan@southshorecable.com PROPOSAL SUBMITTED TO PHONE EMAIL DATE REVISLI) City of Middleburg Heights (440) 234-881 1 JStewart@rniddleburgheights.com I 1/10/23 STREET CITY, STATE, ZIP CODE 15700 Bagley Road Middleburg Heights, Ohio 44130 JOB NAME JOB LOCATION Middleburg Hts Innerconnect Middleburg Hts Governmental Campus ARCHITECT DATE OF PLANS JOB PHONE Bill Sunderman/Nick Artman 6/1/23 email Jason Stewart 440-234-881 1 WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR: SSC REVISED FROM PREVIOUS QUOTES TO CLARIFY SOW and PRICING: Labor and Material for the following Scope of Work: Conduit Placement/Path Establishment (see attached) SSC proposes to excavate the existing conduit coming out of the Police Station to the north and set a new vault. SSC will perform directional bore(s) to install 2.500' of(1)2" HOPE conduit per the attached plan. SSC will set a new vault at the designated locations.SSC will tie into an existing vault at City Hall. SSC will rod from the existing vault to the Police Station. SSC will make 5 building entries to create a path into the buildings listed below, and run to specific designated locations for the Ballfields and Pavilion # 1 & # 2. Fiber Placement - up to a total of 4,500 ft to satisfy the desimi and service to all locations listed below: SSC will supply and install armoured UG fiber of various counts to include 48, 24, 12, and 6 strands Fiber Splicing - SSC proposes to install and OTDR test to confirm continuity: Install a splice case in Handhole 2 and fusion splice 24 fibers Install a splice case in Handhole 4 and fusion splice 30 fibers Install (5)6ct indoor panels in the buildings and (2) outdoor rated panels where appropriate Make 90 LC Terminations as follows: o 48 terminations in the Police Station o 6 tenninations at the Ballfields o 6 terminations at the Concession Stand o 6 terminations at the Maintenance Building o 6 terminations at Pavilion 1 o 6 tenninations at Pavilion 2 o 6 terminations in the Rec Center o 6 tenninations in the Fire Department Total Labor and Material for the above Scope of Work: $60,976.58(Same as 6/20/23) Note: No permit will be necessary. Cost of any permits will be passed along at cost plus ten percent. All utilites w ill be located by OUPS member companies. If a third party is contracted for locates, that cost w ill be passed through at cost plus ten percent. No sawcutting of pavement w ill be necessary. Additional charges will apply if needed. SSC will restore to original grade w ith final restoration by others. This is not a prevailing wage project. The work areas w ill be free and clear of obstacles and work can be performed during normal businesss hours. ACCEPTANCE: by date P.O.#: print name title