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City Council

Regular Meeting

Middleburg Heights, OH · June 5, 2025

Agenda

Agenda

City of Middleburg Heights, Ohio Council Agenda June 10,2025 6:00 P.M. REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes of the Regular Meeting of May 27,2025 Minutes of the Executive Session of May 27,2025 COMMUNICATIONS Memorandum from Planning Commission to Council advising members recommended approval, with conditions, of the Meijer Stage 2 Planned Mixed Use Development, 6950 W. 130* Street. 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 JUNE 10,2025 Council Agenda PAGE 2 UN-NUMBERED LEGISLATION INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution adopting the Alternative Tax Budget Information of the City of Middleburg Heights, Ohio, for the fiscal year beginning January 1, 2026, and submitting the same to the Budget Commission of Cuyahoga County. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution to adopt the Solid Waste Management Plan for the Cuyahoga County Solid Waste Management District. INTRODUCED BY MAYOR CASTELLI A Resolution extending a temporary moratorium on vape and smoke establishments or shops within the City of Middleburg Heights and declaring an emergency. INTRODUCED BY MAYOR CASTELLI An Ordinance to make supplemental appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2025. DELIVERED JUNO 5 2025 2026 Tax Budget Resolution.doc City of Middleburg Heights, Ohio Resolution No. 2025- Introduced by: Mr. Bortolotto. Mr. Meanv and Mr. Ference A RESOLUTION ADOPTING THE ALTERNATIVE TAX BUDGET INFORMATION OF THE CITY OF MIDDLEBURG HEIGHTS, OHIO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2026, AND SUBMITTING THE SAME TO THE BUDGET COMMISSION OF CUYAHOGA COUNTY WHEREAS, on October I 1, 2002, the Cuyahoga County Budget Commission with an affirmative vote of all members waived the requirement for taxing authorities of subdivisions or other taxing units (including schools) to adopt a Tax Budget as provided under O.R.C. Section 5705.281. but instead requires the filing of Alternative Tax Budget Information on an annual basis; and, WHEREAS, the Alternative Tax Budget Information for the City of Middleburg Heights, Ohio for the fiscal year beginning January 1,2026 has been prepared and presented to the Council: and, WHEREAS, Council, after due consideration, desires that the said Alternative Tax Budget Information be adopted; NOW THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY, STATE OF OHIO: Section 1: That the Alternative Tax Budget Infonnation of the City of Middleburg Heights, Ohio for the fiscal year beginning January 1, 2026 be and the same is hereby adopted and placed on file with the Director of Finance. Section 2: That the Director of Finance be and is hereby directed to forward a copy of said Alternative Tax Budget Information to the Budget Commission of Cuyahoga County, Ohio, at the earliest possible time. Section 3. 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 Ohio Revised Code. 2026 Tax Budget Resolution.doc PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON; YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE ZAKEL City of Middleburg Heights, Ohio DIVISION OF TAXES LEVIED (Levies Inside & Outside 10 Mill Limitation, Inclusive Of Debt Levies) (List All Levies Of The Taxing Authority) SCHEDULE 1 ■ 2026 I IV V VI VII IX $ Amount Authorized Number of Collection Requested of by Voters on Years Levy Tax Year Year Budget Fund Purpose MM/DD/YY Levy Type to Run Begins/Ends Begins/Ends Maximum Rate Authorized Commission General Fund Current Expenses Inside Continuous 3,75 mills or Max available $ 3,200.000 Bond Retirement Fund Debt Retirement Inside Continuous .1 mill $ 80,000 Police Pension Current Expenses Inside Continuous .3 mills $ 250,000 Fire Pension Current Expenses Inside Continuous .3 mills $ 250,000 Southwest General Health Center Current Expenses 11/5/2024 Special Levy 5 2025-2029 2026-2030 1 mill 250,000 STATEMENT OF FUND ACTIVITY SCHEDI LF. 2 - 2026 Ret’iniiing Property Taxes and I'olal Resources Total Estimated Ending Estimated EstiniAted l.ocnl (fOvernmcnl Other Sources Total Estimated Available For Expenditures & I'ncncu mbered Fund By Type Fund Bulancc Revenue Receipts Receipts Expenditures Encumbrances Balance TOTAL AM. FUNDS $ 12.O78.1QQ.O0 $ 3.850.000.00 37.919.400.00 41.769.400.00 53,847.500.00 S 42.242.400.00 S 11.605.100.00 (icncral Fund (101) 8.727.000.00 3.110,000.00 23,771.000.00 26,881.000.00 35.608,000.00 26,770,000.00 8.838,000.00 S.C.M.&R. Fund (201) 359,000.00 2.004.500.00 2.004.500.00 2,363.500.00 2,350.000.00 13.500.00 Stale Highway Fund (202) 392,000.00 96.000.00 96.00().00 488,000.00 193.000.00 295,000.00 Recreation Fund (204) 200.0()0-0() 3,615,900.00 3.615.900.00 3.815.900.00 3,502.000.00 313.900.00 Court Compiiler Inind (207) 15,000.00 3.000.00 3.000.00 18,000.00 12.000.00 6.000.00 I..E. lldiication (208) 8,600.00 1.000.00 1,000.00 9,600.00 9.600.00 I..I-:. Drug Penally (210) 14,000.00 14.000.00 14.000.00 l-.B. Contra Sei/ure (211) 47.000.00 2.500.00 2.500.00 49.500-00 2.000.00 47.500.00 I..E- Drue Fine (212) 8.300.00 8.300.00 8.300.00 Police Prof. Training Fund (213) 90.000.00 10.000.00 10.000.00 100.000.00 25.000.00 75,000.00 One Ohio Opioid Sculcmcnl Fund (214) 45,000.00 15.000.00 15.000.00 60,000.00 60.000.00 Medical Transport Fund (215) 92,000.00 225.000.00 225.000.00 317,000.00 132.000.00 185.000.00 FEMA Grant Fund (217) Coronavirus Relief Fund (218) Local Fiscal Recovery Fund (219) PACE Special Assessment Fund (220) 295.000.00 295,000.00 295.000.00 295.000.00 Bond Retirement (302) 500.000.00 76.000.00 1.527,000.00 1.603,000.00 2.103.000.00 1.629.000.00 474,000.00 Capital Improvements (401) 50,000.00 1.311.000.00 1.311.000.00 1.361,000.00 1,311.000.00 50.000.00 Street/lnfrasiructurc Improvements (402) 24.000.00 1.225.000.00 1.225.000.00 1.249.000.00 1.106.000.00 143.000.00 Fat Head's Brewing TIF Fund (425) 80.000.00 80.000.00 80.000.00 80.000.00 Vitalia/Omni TIF Fund (426) Pearl Pla/a TIF Fund (427) WXZ TIF Fund (428) 40.000.00 27.000.00 27.000.00 67,000.00 67.000.00 Scrpenlini TIF Fund (429) 30.500.00 30.500.00 30.500.00 61,000.00 61.000.00 Health Insurance Reserve (555) 1.045.000.00 3.492.000.00 3.492.000.00 4.537.000.00 3,824.000.00 713.000.00 Police Pension Fund (701) 68.000.00 229.000.00 229.000.00 297,000.00 192.000,00 105,000.00 Fire Pension Fund (702) 68.000-00 229,000.00 229.000.00 297.000.00 192,000.00 105.000.00 Architect Trust Fund (712) 9,000.00 4.000.00 4.000.00 13.000.00 13,000.00 Builders Bond Trust (713) 84.000.00 20.000.00 20.000.00 104.000.00 104.000.00 Examination orPlan,s (714) 16,000.00 50.000.00 50.000.00 66,000.00 66.000.00 Yard Grade Trust (715) 1.500.00 1.000.00 1,000.00 2,500-00 2.500.00 Sidewalk Grade Trust (716) Tree Planting Trust (717) 7.000.00 7.000.00 7.000.00 Misc Inspection Deposit (718) 12,000.00 10.000,00 10.000.00 22.000.00 22.000.00 Unclaimed Monies Trust (720) 105.000.00 12.000,00 12.000.00 117.000.00 117.000.00 Veterans Memorial (722) 7.500.00 7,500.00 7,500.00 Rental Deposit Fund (723) 1.400.00 1.400.00 1.400.00 Flexible Spending Fund (724) 80.000.00 80,000.00 80,000.00 80.000.00 Tri-City Bark Park Fund (725) 11,300.00 10.000.00 10.000.00 21.300.00 21.300.00 13d. ofHuilding Stds. (790) 1.000.00 1.000.00 1.000.00 1.000.00 Southwest General (799) 206,000.00 206,000.00 206,000.00 206,000.00 UNVOTED GENERAL OBLIGATION DEBT (Include General Obligation Debt to Be Paid From Inside/Charter Millage Only) (Do Not Include General Obligation Debt Being Paid By Other Sources) (Do Not Include Special Obligation Bonds & Revenue Bonds) SCHEDULE 3 -2026 I IV V VI Principal Amount Amount Required to Amount Receivable Final Outstanding At The Meet Calendar Year From Other Sources Date of Maturity Beginning Of The Principal & Interest To Meet Debt Purpose of Bonds or Notes Issue Date Calendar Year Payments Payments Street Improvements. Series 2021 2021 2032 2,485.000.00 376,032.50 376,032.50 Various Purpose Improvements. Series 2022 2022 2047 13,090,000.00 1,109,256.26 1,109,256.26 Totals 15,575,000.00 1,485,288.76 1,485,288.76 DELIVERED JUN 0 5 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Ference A RESOLUTION TO ADOPT THE SOLID WASTE MANAGEMENT PLAN FOR THE CUYAHOGA COUNTY SOLID WASTE MANAGEMENT DISTRICT WHEREAS, the City of Middleburg Heights is located within the jurisdiction of the Cuyahoga County Solid Waste Management District (District); and WHEREAS, the Cuyahoga County Solid Waste Management District Policy Committee prepared and adopted a final draft of the Cuyahoga County Solid Waste Management Plan Update in accordance with Ohio Revised Code Sections 3734.53, 3734.54 and 3734.55; and WHEREAS, the District provided a copy of the Cuyahoga County Solid Waste Management Plan Update (2026-2040) for ratification to each of the legislative authorities of the District; and WHEREAS, the City of Middleburg Heights must decide whether it approves of said Solid Waste Management Plan Update no later than August 10, 2025. NOW, THEREFORE, BE IT RESOLVED BY THE OOUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: The City of Middleburg Heights approves the Cuyahoga County Solid Waste Management Plan Update. Section 2: That the Clerk is hereby directed to send the District a copy of this resolution to the attention of Elizabeth Biggins-Ramer, Executive Director, Cuyahoga County Solid Waste Management District, 4750 East 131 Street, Garfield Heights, OH 44105. 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: Approved On: Clerk of Council Presented to Mayor:. Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel DELIVERED JUN 0 5 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mayor Matthew Castelli A RESOLUTION EXTENDING A TEMPORARY MORATORIUM ON VAPE AND SMOKE ESTABLISHMENTS OR SHOPS WITHIN THE CITY OF MIDDLEBURG HEIGHTS AND DECLARING AN EMERGENCY WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact planning and zoning laws that are for the health, safety, welfare, comfort, and peace of the citizens of the municipality, including restricting areas used for business and trade; and WHEREAS, on April 23, 2024, this Council passed Resolution 2024-32 establishing a temporary moratorium on Vape and Smoke Establishments or Shops within the City of Middleburg Heights; and WHEREAS, this Council desires to extend the moratorium, for a temporary period of time to further undertake a review of information on the effects of vaping and e- cigarettes and a review and/or study of the ordinances of the City of Middleburg Heights, includingzoning, building, and business regulations; and WHEREAS, this Council will be able to enact reasonable regulations to protect the health, safety, welfare, peace, and comfort of the citizens of the City of Middleburg Heights more effectively if a moratorium is in place. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That this Council hereby extends the temporary moratorium, for a period of six months from the effective date of this resolution, that the City shall not accept, process, or approve any new applications or issue any new permits, licenses, variances, or any zoning applications from or for vape/smoke establishments or shops within 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 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 3: That this Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety, and welfare of said City, and for the further reason that this measure is necessary in order to establish this temporary moratorium as soon as possible. Wherefore, 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: Approved On: Clerk of Council Presented to Mayor:, Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel delivered JUN 0 5 2025 City of Middleburg Heights, Ohio Ordinance No. 2025- Introduced by; Mayor Matthew J. Castelli AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENDITURES AND EXPENSES FOR THE CITY OF MIDDLEBURG HEIGHTS FOR THE CALENDAR YEAR 2025 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 2025, the following sums be appropriated from the General Fund: Increase Description (Decrease) Transfers - Transfer to Capital Imp. Fund - MEMO Grant Program 50,000.00 Total Increase to the General Fund 50,000.00 Section 2. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2025, the following sums be appropriated from the Capital Improvements Fund: Increase Description (Decrease) Capital - Gen. Govt. - MEMO Grant Program 50,000.00 Total Increase to the Capital Improvements Fund 50,000.00 Section 3. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2025, the following sums be appropriated from the Streets/Infrastructure Imp. Fund: Increase Description (Decrease) Streets - Capital - Big Creek Detention Basins (Electrical Re-feed - Basin 2) 47,000.00 Total Increase to the Streets/Infrastructure Imp. Fund 47,000.00 Section 4. That it is hereby found and determined that all fomial 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 ail 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 ALl MAYOR SAGE MEANY MCGREGOR FERENCE ZAKEL

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