City Council

City of Middleburg Heights, Ohio Council Agenda January 14,2025 6:00 P.M. REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes of the Regular Meeting of December 10, 2024 Minutes of the Regular Meeting of December 24, 2024 COMMLfNICATIONS Memorandum from Planning Commission advising members voted to recommend approval of Ordinance No. 2024-88, amending various Zoning Code sections. 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. Zakel, 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. Ference, Chairman MAYOR’S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director ADJOURNMENT  City of Middleburg Heights, Ohio JANUARY 14, 2025 Council Agenda PAGE 2 2024 PENDING LEGISLATION ORDINANCE NO. 2024-88 - INTRODUCED BY COUNCILMAN FERENCE An Ordinance amending various sections of the Middleburg Heights Zoning Code. 1*‘ Reading and Referred to Planning Commission - 11/12/24 2"'* Reading-11/26/24 UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN MEANY An Ordinance authorizing the mayor to enter into a Memorandum of Understanding with the Cuyahoga Soil and Water Conservation District (SWCD) for NPDES Storm Water Permit Minimum Control Measures 4 and 5 and extending the agreement entered into by Ordinance 2024-2 through December 31, 2025, in an amount not to exceed $31,000.00 and declaring an emergency. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor to enter into an agreement with Cuyahoga County Land Reutilization Corp. for financial assistance for costs of implementing the Brownfield Remediation Program.  BOARDS AND COMMISSIONS o mO h" :j: '41 H O' 7^'' Co Keith P. FouIkeS, Building Commissioner * * Matthew J. Castelli, Mayor cS >5: Kim Earley, Secretary €qfovhQ^ MEMORANDUM To: Maiy Ann Meola, Clerk of Council From: K.im Earley, Planning Commission Secretary Date: December 12, 2024 Subject: Ordinance 2024-48 At the Planning Commission meeting December 11, 2024, members voted to recommend approval of Ordinance 2024-88 amending various Zoning Code Sections. BOARD OF ZONING PLANNING COMMISSION AND BUILDING APPEALS City of Middleburg Heif^its (440) 239-6252 15700 Baglcy Road kearlcy@middleburglieights.coni Middleburg Heights, OH 44130  DELIVERED JAN 0 9 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2025- Introduced By: Mr. Meany Co-Sponsors: Mr. AU, Mr. McGregor AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CUYAHOGA SOIL AND WATER CONSERVATION DISTRICT (SWCD) FOR NPDES STORM WATER PERMIT MINIMUM CONTROL MEASURES 4 AND 5 AND EXTENDING THE AGREEMENT ENTERED INTO BY ORDINANCE 2024-2 THROUGH DECEMBER 31,2025, IN AN AMOUNT NOT TO EXCEED $31,000.00 AND DECLARING AN EMERGENCY WHEREAS, the Cuyahoga Soil and Water Conservation District (SWCD) and the City of MiddLeburg Heights recognize the need for effective collaboration in protecting soil and water resources and in carrying out its mandated responsibilitie s, especially related to the National Pollutant Discharge Elimination System (NPDES) Storm Water Permit; and WHEREAS, it is therefore necessary to authorize the Mayor to enter into a Memorandum of Understanding between the Cuyahoga Soil and Water Conservation District and the City of Middleburg Heights for NPDES Storm Water Permit Minimum Control Measures 4 and 5 and extending the agreement entered into by Ordinance 2024-2 through December 31,2025, in an amount not to exceed $31,000.00. NOW, THEREFORE, BE IT ORDAINED 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 Memorandum of Understanding with the Cuyahoga Soil and Water Conservation District for NPDES Storm Water Permit Minimum Control Measures 4 and 5 extending the agreement entered into by Ordinance 2024-2 through December 31, 2025, in an amount not to exceed $31,000.00, 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 Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Section 3: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety, and welfare of said City, and for the further reason that it is immediately necessary to authorize the Mayor to enter into an extended Memorandum of Understanding between the Cuyahoga Soil and Water Conservation District and the City of Middleburg Heights for NPDES Storm Water Permit Minimum Control Measures 4 and 5 extending the agreement entered into by Ordinance 2024-2 through December 31, 2025 in an amount not to exceed $31,000.00 to provide for an effective collaboration in carrying out Clean Water Act responsibilities, especially related to National Pollutant Discharge Elimination System (NPDES) rules. Wherefore, provided this Ordinance receives the affirmative vote of at least two-thirds (2/3) of the members of Council it shall take effect and be in force immediately upon its passage and approval by the Mayor. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor:. Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  OFFICE OF THE MAYOR mu m o % H U C/3 t—-. i Matthew j. CastelU, Mayor ofoi^ January . 2025 By email only khalI@cuvahogaswcd.org Kristin Hail Cuyahoga Soil & Water Conservation District 3311 Perkins Ave. Suite 100 Cleveland, Ohio 44114 Re: Notice of Renewal for calendar Year 2025 - MCM #4 Active Construction & MCM #5 Post- Construction Dear Ms. Hall: This Letter shall constitute written notice that the City of Middteburg Heights, Ohio wishes to continue to have Cuyahoga Soil & Water Conservation District perform SWP3 plan reviews, active construction site inspections and reporting and post-construction stormwater facility inspections and reporting through 2025 as outlined in the current memorandum of Understanding dated January 29, 2024, at an annual cost of Thirty-One Thousand Dollars and No/Cents ($31,000.00). Thank you for your continued service to the City. Should you have any questions please contact me. Sincerely, Matthew J. Castelli, Mayor cc: James Herron, Director of Public Service Keith Foulkes. Building Commissioner Kim Kerber, City Engineer Approved as to form: [LAW DIRECTOR] Mike Jirousek, Cuyahoga SWCD Board Chair Date: (.icy of itiJIcbur^ (440)234-8811 15700 B;ipii'V Ri)jd 1:(440) 234-OOil .Middlchiirg Heights, OH 44)30 MiddlcburgHcigiiis.coni  DELIVERED JAN 09 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mayor Matthew Castelli A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CUYAHOGA COUNTY LAND REUTILIZATION CORP. FOR FINANCIAL ASSISTANCE FOR COSTS OF IMPLEMENTING THE BROWNFIELD REMEDIATION PROGRAM WHEREAS, the Cuyahoga County Land Reutilization Corp. {“Lead Entity”) in conjunction with the City of Middleburg Heights (“Subrecipient”) has applied for and was awarded grant funds to support the activities described in the scope of work that is Exhibit B of the attached agreement; and WHEREAS, the Lead Entity is willing to subgrant the grant funds it receives so that Subrecipient can undertake the work necessary to complete the Project; and WHEREAS, the Lead Entity and the Subrecipient wish to set forth the responsibilities and obligations of each in undertaking the Project and in utilizing such grant funds pursuanttothe Program. 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 Cuyahoga County Land Reutilization Corp. for the Ohio Department of Development Brownfield Remediation Program, 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: Approved On: Clerk of Council Presented to Mayor:. Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel