City Council

City of Middleburg Heights, Ohio Council Agenda Febniary 11,2025 6:00 P.M. REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes of the Regular Meeting of January 28,2025 Minutes of the Caucus Meeting of January 28,2025 COMMUNICATIONS Notice to Legislative Authority requesting liquor license transfer from Wah Fu Cmnese Restaurant to TJ Hibachi & Sushi, 7080 Engle Road. No objection from Police Chief Tomba. AT IDTENCE 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 FEBRUARY 11,2025 Council Agenda PAGE 2 2024 PENDING LEGISI.ATION ORDINANCE NO. 2024-88 - INTRODUCED BY roUNCILMAN FERENCF. 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 Public Hearing - 2/25/25 UN-NUMBERED LEGISLATION INTRODUCED BY COUNCIL PRESIDENT BORTOLQTTO A Resolution authorizing the sale by internet auction during calendar year 2025 of municipally owned personal property which is not needed for public use, or which is obsolete or unfit for the use for which it was acquired, pursuant to Ohio Revised Code Section 721.15(D). INTRODUCED BY COUNCIL PRESIDENT BORTOEOTTO An Ordinance authorizing all actions necessary to accept Northeast Ohio Public Energy Council (NOPEC) 2025 Energized Community Grant. INTRODUCED BY COUNCIL PRESIDENT BORTOLQTTO An Ordinance amending 111.01 “Rules of Council - Committee Meetings” of the Middleburg Heights Codified Ordinances. INTRODUCED BY MAYOR CASTELLI An Ordinance authorizing the mayor and finance director to enter into an agreement of sale for certain real estate in the City of Middleburg Heights as part of the Middleburg Heights Community Master Plan and Revitalization of Southland Shopping Center and declaring an emergency.  OHIO DIVISION OF LIQUOR CONTROL NOTICE TO LEGISLATIVE 660e TUSSING ROAD, P.O. BOX 4005 AUTHORITY REYNOLOSBURG, OHIO 43068-9005 (614)644-2380 FAX<614>844-3166 TO 7150674 TFOL R6Q RESTAURANT INC PgBMlT MIIMBPa TTPf- DBA HIBACHI fit SUSHI 10 01 2024 7080 ENGLE RD UNIT B HIDDLEBURG HGTS OH 44130 01 yiLIMf. |08 ntTP|2025 D5 D6 PEPMIT rucgc<t 18 352 c F32717 bLtiTBi.rT PPPyiPT NQ FROM 01/10/2025 9344314 MAH FU LLC PPBMIT MIIMBPa DBA WAH FU CHINESE RESTAURANT 10 01 2024 15210 BAGLEY RD LyilF DATS HIDDLEBURG HGHTS OH 44130 01 08 2025 PILIWO rUTF D5 D6 PESMlJ ClASSEfi 18 1352 ■TAX PlSTBlCT BFCFIPT NQ o\ \S\2d2jS^ 10/20W, . M/io/eog|^ MAILED RESPONSES MUST BE POSTMARKED NO LATER THAN. 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 TFOL 7150674 REFER TO THIS NUMBER IN ALL INQUIRIES rTAAHSACTtON & NUMBEFO (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. i I IN COLUMBUS. WE DO NOT REQUEST A HEARING, n 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) I I Clerk of City Council r~] Township Fiscal Officer CLERK OF HIDDLEBURG HGTS CITY COUNCIL ATTN: CLERK OF COUNCIL 15700 BAGLEY RD HIDDLEBURG HGTS OHIO 44130 KC 4052 REV. 03/09  DELIVERED FEB 0 5 2025 CITY OF MIDDLEBURG HEIGHTS RESOLUTION NO. 2025- Introduccd by: Mr. Bortolotto. Mr. Meanv. and Mr. Ferencc A RESOLUTION AUTHORIZING THE SALE BY INTERNET AUCTION DURING CALENDAR YEAR 2025 OF MUNICIPALLY OWNED PERSONAL PROPERTY WHICH IS NOT NEEDED FOR PUBLIC USE, OR WHICH IS OBSOLETE OR UNFIT FOR THE USE FOR WHICH IT WAS ACQUIRED, PURSUANT TO OHIO REVISED CODE SECTION 721.15(D) WHEREAS. Ohio Revised Code Section 721.15(D) authorizes legislative authority of a municipal corporation to sell personal property, including motor vehicles acquired for the use of municipal officers and departments, and road machinery, equipment, tools, or supplies, which is not needed for public use, or is obsolete or unfit for the use for which it was acquired, by Internet auction; and WHEREAS, Ohio Revised Code Section 721.15(A) allows for personal propeny not needed for municipal purposes, the estimate value of which is less than one thousand dollars, to be sold by the board or officer having supervision or management of that property. WHEREAS, An annual resolution adopted by City Council is required to permit the City to utilize the internet auction provision of ORC Section 721.15. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY, STATE OF OHIO Section 1. That the Mayor and Finance Director be authorized to place for auction and to sell to the highest bidder such unneeded, obsolete or unfit personal property by Internet auction. Section 2. That the Finance Director shall cause notice of adoption of this resolution to be published, in a newspaper of general circulation in the City, of the City’s intent to sell unneeded, obsolete or unfit personal property by Internet auction. The notice shall include a summary of the information provided in this Resolution and shall be published at least twice. The second and any subsequent notice shall be published not less than ten nor more than twenty days after the previous notice. Section 3. That the Finance Director shall cause a notice to be posted continually throughout the calendar year in a conspicuous place in the office of the Director of Finance and shall cause said notice to be posted continuously throughout the year on the City website. Section 4. That the City shall conduct the internet auction via GovDeals (or other similar bidding site as long as notice is given) using the parameters provided by the auction site. Minimum price or reserve may be set, but is not required by law. Section 5. That bidding shall continue for no less than 10 days, including Saturday, Sunday and legal holidays, and shall be set for each item as noted on the internet auction site.  Section 6. That all tenns and conditions of sale, including but not limited to pick up and deliver>\ method of payment, sales tax, complete descriptions and/or pictures of the items, shall be specified for each item on the internet auction site. Section 7. That the highest bidder upon close of the open bidding period will be deemed to be the successful bidder of the internet auction. Upon closing of the auction, the City shall remit an invoice to the successful bidder for the amount of the bid. The successful bidder shall remit the entire payment within ten (10) days of receipt of the invoice. Acceptable forms of payment include cashier’s check, certified check, or money order. Other payment arrangements may be made by the City where circumstances warrant. Payment options such as on-line payment systems and PayPal or similar services are acceptable payment options. Notwithstanding the foregoing, all payment options are subject to the approval of the City Finance Director. Section 8. That all items shall be sold without warranty in "AS IS” condition. All advertisements, listings, and notices shall be subject to the following language: “The City of Middleburg Heights, its officers, employees and agents offer this item for sale “AS IS” without any warranty or condition, express, implied or statutor>'. The City of Middleburg Heights, its officers, employees and agents, specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non infringement.” Section 9. That the Director having supervision or management of the asset is hereby authorized to dispose of any property that is listed for auction and does not sell as a result of not receiving bids. Section 10. That 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 Codified Ordinances and Section 121.22 of the Ohio Revised Code. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO AI.I MAYOR SAGE MEANY MCGREGOR FERBNCE ZAKEL  NOPEC Energized Communilies Gram 2025 DELIVERED FEB 0 5 2025 City of Middleburg Heights, Ohio Ordinance No. 2025- Introduced bv: Mr. Bortolotto, Mr. Meanv, and Mr. Fcrcnce AN ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY TO ACCEPT A NORTHEAST OHIO PUBLIC ENERGY COUNCIL (NOPEC) 2025 ENERGIZED COMMUNITY GRANT WHEREAS, the City of Middleburg Heights, Ohio (the “City”) is a member of the Northeast Ohio Public Energy Council (“NOPEC”) and is eligible for a NOPEC Energized Community Grants for 2025 (“NEC Grant”) as provided for in the NEC Grant Program guidelines; and WHEREAS, the City wishes to enter into a Grant Agreement with NOPEC, Inc. in substantially the form presented to this Council to receive one or more NEC Grant(s); and BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY, STATE OF OHIO: Section 1. That this Council of the City of Middleburg Heights finds and determines that it is in the best interest of the City to accept the NEC Grant for 2025, and authorizes the Mayor and/or Finance Director to execute the Grant Agreement to accept the NEC Grant(s) funds. Section 2. 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 ZAKEL  NOPEC 2025 ENERGIZED COMMUNITY GRANT AGREEMENT This Grant Agreement (the ‘‘Agreement”) is made and entered into by and between NOPEC, Inc. (“Grantor”), and the City of Middleburg Heights, Cuyahoga County, Ohio (“Grantee”; “Grantor” and “Grantee,” the “Parties”) regarding a grant by Grantor to Grantee to be used primarily for energy efficiency or energy infrastructure updates in accordance with NOPEC Energized 2025 Community Grant criteria, guidelines and requirements (“NOPEC Policy”). NOW, THEREFORE, in consideration of the foregoing and the mutual promises and coyenants hereinafter set forth, the Parties hereby agree as follows: 1. Grant of Funds. Grantor hereby grants a NOPEC Energized 2025 Community Grant (“NEC Grant”) to Grantee in the amount calculated by Grantor based on the number of natural gas and/or electric accounts seryed by Grantor in Grantee in accordance with NOPEC Policy in the amount determined by Grantor (“Funds”), for the purposes set forth in Grantee’s Grant Disbursement Request, as amended, and incorporated by reference into this Agreement. 2.Use of Funds. Grantee shall use the Funds granted by Grantor for qualified use as outlined in the program policies. Funds shall be paid in accordance with NOPEC Policy. NEC Grant disbursements shall be accompanied by a completed Disbursement Request Form with the expenditures supported by contracts, inyoices, youchers, and other data as appropriate as supporting documents. All completed disbursement request form for qualified use in accordance with the program policies must be submitted by Noyember 30, 2027. If Grantee does not request disbursements by Grantor on or before such date, Grantee shall forfeit any unused Funds for the NOPEC 2025 Grant year. 3. Accounting of Funds. Grantee shall keep all Funds and make all disbursements and expenditures consistent with the manner in which all public funds are kept by Grantee in accordance with applicable law. 4. Term. The Parties agree that this Agreement shall begin on Januaiy' 1, 2025, and shall expire on December 31, 2025, and shall be automatically renewed annually unless Grantor discontinues the NEC Grant program for any subsequent year or Grantee is no longer a NOPEC member in good standing, as defined herein, or Grantor requires a new Grant Agreement from Grantee. 5. Renewable Energy' Credits. Grantee shall be entitled to claim Renewable Energy Credits, carbon credits, or NOx allowances and/or allowances arising under other trading programs that may be established in the future for the work completed using grant funding. Grantor reseryes the right to claim/apply for such allowances if Grantee does not claim such allowances or this Agreement terminates. Grantee must notify Grantor if Grantee does not wish to trade or sell any such credits or assets. 6. Records, Access and Maintenance. Grantee shall establish and maintain all records associated with the Funds in accordance with the Ohio Public Records Act and shall promptly make ayailable to Grantor all of its records with respect to matters coyered by this Agreement, and for Grantor to audit, examine and make copies from such records. Grantee agrees 12166975V7 to share and release all of its utility and other data with NOPEC, Inc. and Northeast Ohio Public Energy Council and its consultant(s) in order to measure, verify and otherwise track savings from energy efficiency and for such other related uses as Grantor shall require. 7. Property' and Equipment Purchases. All items purchased by Grantee from the Funds granted herein are and shall remain the property of Grantee. 8. Inability' to Perform. In the event that Grantee does not or cannot complete or perform its obligations under this Agreement, Grantee shall immediately notify Grantor in writing. Grantor, with the approval of the Committee formed to award NEC Grants (the “Committee’’), and Grantee shall jointly identify amendments or suitable uses that meet NOPEC Policy. 9. Dispute Resolution. In the event Grantee desires clarification or explanation of. or disagrees with, any matter concerning the Agreement, or the interpretation or application of any and all federal or state statutes, rules, regulations, laws or ordinances, the matter must be submitted in writing to Grantor, which shall convene the Committee to review and decide the matter. All decisions of the Committee shall be final and binding upon Grantee, and non-appealable. 10. Termination. (a) If Grantor determines that Grantee has failed to perform any requirements of this Agreement, or if Grantee is in default under any provision of this Agreement, or upon just cause, as shall be determined by the Committee, Grantor, upon approval by the Committee, may terminate the Agreement at any time after providing Grantee with written notice and a period of at least thirty (30) days to cure any and all defaults under this Agreement. During such thirty-day cure period. Grantee shall incur only those obligations or expenditures which are necessary to enable Grantee to continue to achieve compliance with the terms of this Agreement. (b) This Agreement shall automatically terminate if Grantee is not a NOPEC member in good standing. A NOPEC member in good standing means a Northeast Ohio Public Energy Council (“NOPEC” or “Northeast Ohio Public Energy Council”) member whose residents are receiving service from Northeast Ohio Public Energy Council’s natural gas or electric aggregation program, and which has not provided written notice to withdraw from such Northeast Ohio Public Energy Council’s natural gas or electric aggregation program. Effects of Termination. (a) Within sixty (60) days after termination of this Agreement, Grantee shall surrender all reports, data, documents, and other materials assembled and prepared pursuant to this Agreement w'hich shall become the property of Grantor. (b) The Committee also may withhold any payment of the Funds or require Grantee to return all or any part of the Funds awarded if Grantee is found to have violated the provisions of this Agreement. Notwithstanding any other provision in this Agreement, if Grantee either w'ithdraw's from membership in the Northeast Ohio Public Energy Council or from its electric or natural gas aggregation program(s) or is otherwise not a member in good standing of the Northeast Ohio Public Energy Council, Grantee shall no longer be eligible for any NEC Grants. The provisions of this paragraph are in addition to the termination provisions of this Agreement and to any payments required under the Northeast Ohio Public Energy Council Bylaws and the 2 12166975V7 Northeast Ohio Public Energy Council of Governments Agreement with its member communities in connection with any such withdrawal. 12.Liability. Grantee shall maintain, or cause any vendors or subcontractors to maintain, all required liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, damage to property caused by the negligent acts or omissions, or negligent conduct of the Grantee. To the extent permitted by law, in connection with activities conducted in connection with this Agreement, Grantee agrees to defend Grantor and pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this Agreement shall impute or transfer any liability of any nature whatsoever from Grantee to NOPEC, Inc. or the Northeast Ohio Public Energy Council. 13. Compliance with Laws. Grantee agrees to comply with all applicable federal, state, and local laws in the performance of the funding. Grantee is solely responsible for payments of all unemployment compensation, insurance premiums, workers’ compensation premiums, all income tax deductions, social security deductions, and any and all other taxes or payroll deductions required for all employees engaged by Grantee on the performance of the work authorized by this Agreement. 14. Miscellaneous. (a) Governing Law. The laws of the State of Ohio shall govern this Agreement. All actions regarding this Agreement shall be venued in a court of competent subject matter jurisdiction in Cuyahoga County, Ohio. (b) Entire Agreement. This Agreement and any documents referred to herein constitute the complete understanding of the Parties and merge and supersede any and all other discussions, agreements and understandings, either oral or written, between the Parties with respect to the subject matter hereof. (c) Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this Agreement. (d) Notices, All notices, consents, demands, requests and other communications which may, or are required to be, given hereunder shall be in writing and delivered to the addresses set forth hereunder or to such other address as the other party hereto may designate from time to time; In case of Grantor, to: Charles W. Keiper, II President NOPEC, Inc. 31360 Solon Road Suite 33 Solon. OH 44139 3 1216697SV7  In case of Grantee, to: (This individual will be the designated grant representative working in the grant website) Title: Director of Finance Name: Jason Stewart 15700 Bagiev Road Middleburg Heights. Ohio 44130 (e) Amendments or Modifications. Either party may at any time during the term olThis Agreement request amendments or modifications. Requests for amendment or modification of this Agreement shall be in writing and shall specify the requested changes and justification therefor. The Parties shall review the request for modification in terms of the funding uses and NOPEC Policy. Should the Parties consent to modification of the Agreement, then an amendment shall be drawn, approved, and executed in the same manner as the original Agreement. (0 Headings. Section headings contained in this Agreement are inserted for convenience only and shall not be deemed to be a part of this Agreement. (g) Assignment. Neither this Agreement nor any rights, duties or obligations described herein, shall be assigned or subcontracted by Grantee without the prior express written consent of Grantor. (h) Authority. The undersigned represents and warrants to the other that each has all the necessary legal power and authority to enter into this Agreement. (i) Determinations by Grantor Final. All determinations as to eligibility of any uses of an award of any NEC Grant, and the amount and payment schedule of a NEC Grant, will be made by Grantor and its Committee, which shall be final, conclusive and binding upon Grantee. G) Designation of Grantee Representative. Grantee hereby designates its [Fiscal Officer or other position] to take all actions with respect to the NEC Grant and this Agreement as may be required and Grantor shall be entitled to rely on the authority of such designated representative of Grantee in connection with this Agreement. (k) Marketing Consent. Grantee hereby authorizes NOPEC, Inc. and Northeast Ohio Public Energy Council to use information about Grantee's grant(s) and work funded in any marketing they may conduct, and agrees to cooperate with Grantor in connection with such marketing. {Signature Page to Follow.] 4 12166975v7  IN WITNESS WHEREOF, the Parties hereto have executed this Grant Agreement on the last dale set forth below. GRANTEE: GRANTOR: . Ohio N0PEC,1NC. Individual Authorized by Grantee’s Legislation to accept- see Section I: By: By: Title: Title: Date: Date: [Signature page to NOPEC 2025 Energized Community Grant Agreement.] 5 12166975V7  DELIVERED FEB 0 5 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2025- Introduced By: Mr. Bortolotto Mr. Ali, Mr. Sage, Mr. Meany, Mr. McGregor, Mr. Ference, Mr. ZakeL AN ORDINANCE ») AMENDING 111.01 “RULES OF COUNCIL-COMMITTEE MEETINGS OF THE MIDDLEBURG HEIGHTS CODIFIED ORDINANCES NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That Section 111.01 of the Middleburg Heights Codified Ordinances “Rules of Council-Committee Meetings: Is hereby amended to read as follows: 111.01 RULES OF COUNCIL XX. COMMITTEE MEETINGS At-theif-meeting held at the call of the chair, committee members, by majority vote, shabl-fix the time of subsequent meetings which shall be held monthly, unless Council is in recess.—Thereafter, a meeting schedtjte--may be modified, altered, cancelled or expanded only after a poll of committee members is taken by the chair and a majority consent is secured. No committee meeting shall commence-before-the hour of G:00 p.m., Monday through Friday, except that in the event of an emergency a committee meeting may be held before 6:00 p.m. if five members of CourreiHndicate their consent. The Clerk of Council shall be-notified of any change in the schedule of committee-meetings by the chair of such committee at least twenty-four hours in advance so that notification to all members of T The Clerk shall post-the schedule-of all regular committee-meetings, and of any modification, alteration,-caneellation or e)^pansion, in-a-ptiblic place. Committee meetings shall be held at the call of the chair, or by two members of the committee. The Clerk of Council shall post the scheduling of any committee meetings. Committee meetings shall be open to the public at all times, unless subject matter that would qualify for executive session before the entire Council is to be discussed. XVII. COMMITTEEOFTHEWHOLE Council may meet publicly as a Committee of the Whole 7:00 p.m. prtof-to-each regular meeting of- Council, if the President of Council and/or Clerk of Council determines that there is an agenda for the Committee and so notifies members of Council.  The Committee of the Whole shall consider matters referred to it by any member of Council or the Mayor. The Committee of the Whole may also hear presentations and recommendations from any committee on matters to be submitted to Council for a vote. 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. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor:. Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  A" WML-*-3tr DELIVERED FEB 0 5 2025 372-30-019 6875-79 Smith Road /\~V>rf\\A-' ^0 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2025- Introduced By: Mayor Matthew CasteLlI AN ORDINANCE AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO AN AGREEMENT OF SALE FOR CERTAIN REAL ESTATE IN THE CITY OF MIDDLEBURG HEIGHTS AS PART OF THE MIDDLEBURG HEIGHTS COMMUNITY MASTER PLAN AND REVITALIZATION OF SOUTHLAND SHOPPING CENTER AND DECLARING AN EMERGENCY WHEREAS, the Middleburg Heights Community Master Plan was adopted by City Council by Ordinance #2022-77 on September 13, 2022, to develop a community vision for the city’s future; and WHEREAS, the Southland Planning Study was incorporated into the Middleburg Heights Master Plan to describe the community vision for the redevelopment of the Southland area; and WHEREAS, the sale of this approximately 7.275-acre parcel is part of the City’s redevelopment of the Southland area pursuant to the Middleburg Heights Community Master Plan and Southland Planning Study. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO. AS FOLLOWS: Section 1: That the Mayor and Finance Director are hereby authorized to enter into an agreement of sale, a copy of which is attached hereto and marked “Exhibit A”, and with any changes or revisions as are approved by the Law Director which are in substantially the same form as the agreement marked as “Exhibit A”, for the sale of approximately 7.275 acres along Smith Road in the City of Middleburg Heights. 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. 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