AGENDA EUCLID CITY COUNCIL MEETING MONDAY, JUNE 16, 2014 AT 7:00 PM EUCLID MUNICIPAL CENTER COUNCIL CHAMBER

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1 AGENDA EUCLID CITY COUNCIL MEETING MONDAY, JUNE 16, 2014 AT 7:00 PM EUCLID MUNICIPAL CENTER COUNCIL CHAMBER PERMISSIBLE PRELIMINARIES: FIRST GAVEL PLEDGE OF ALLEGIANCE EUCLID CITY COUNCIL MEETING BUSINESS: SECOND GAVEL ROLL CALL OF MEMBERS COMMUNICATIONS: COUNCIL MINUTES: June 2, 2014 ADMINISTRATION REPORTS & COMMUNICATIONS: REPORTS & COMMITTEE MINUTES: Executive & Finance Min.: May 28, 2014 Board of Control: 5/27/14; 6/2/14 COMMITTEE OF THE WHOLE FOR LEGISLATIVE MATTERS ONLY LEGISLATION 1. An ordinance authorizing the Director of Finance of the City of Euclid to renew a contract with New World Systems, Inc. to provide software support services to the City s financial, payroll, human resources, employee, and community development systems for a five-year period. (Sponsored by Council President Holzheimer Gail by request of Finance Director) (Recommended for passage by the Executive & Finance Committee) Ord. (062-14) Comment: 5 year service agreement with New World Systems for upgrades, technical support and licenses for numerous city software systems. 2. An emergency ordinance authorizing the Administrative Director to enter into a 43 month agreement with Be Well Solutions, Solon, Ohio, to implement a comprehensive employee wellness program, commencing June 1, 2014, and expiring December 31, 2017, in an amount not to exceed $49,000 annually. (Sponsored by Mayor Cervenik) (Recommended for passage by the Executive & Finance Committee) Ord. (070-14) Comment: As discussed at the Executive and Finance Committee meeting, Be Well Solutions will provide employee and spouse screenings and various wellness programs and monitoring as part of the comprehensive overhaul of the City s health care funding. Third Reading 3. An ordinance authorizing the continuation of the solid waste collection fee for residential accounts for the years 2015 and (Sponsored by Mayor Cervenik) Comment: Renewal of curbside solid waste and recycled material collection fee. Discounted fee included for persons meeting eligibility requirements. Fee is included on property tax as an assessment. Ord. (069-14)

2 Third Reading 4. An ordinance enacting a special assessment upon all property within the City of Euclid to be used for the payment of street lighting within the City. (Sponsored by Mayor Cervenik) (Tabled last Meeting) Comment: The assessment would remain at 1.42 mills and would apply to commercial, industrial and residential properties, excluding tax exempt properties. The assessment would apply to collections in 2015 and An emergency ordinance authorizing the Mayor of the City of Euclid or his designee to accept and expend a Clean Ohio Green Space Conservation Program grant in the amount of Thirty Eight Thousand One Hundred Dollars ($38,100.00) for the Euclid Railroad Green Creek Corridor Conservation Project. (Sponsored by Councilpersons Caviness and Langman) Comment: Grant will be used for property acquisition of privately held property essential to a connected greenway and for clean-up activities. 6. A resolution authorizing the acceptance of a local Edward Byrne Memorial Justice Assistance Grant to provide $13, toward technology improvements in the Department of Police. (Sponsored by Councilperson Jones by request of Police Chief) Comment: Chief will apply the grant award to technology uses within the department. Grant is administered through the City of Cleveland. 7. An emergency ordinance authorizing the sale of Permanent Parcel Number , Nicholas Avenue, from the Euclid Land Bank, to Antoine Fisher for the amount of One Thousand Dollars ($1,000.00) as authorized by Ordinance Nos and (Sponsored by Planning & Zoning Commission) (Moved to Council with Recommendation for passage) 8. An emergency ordinance authorizing the sale of Permanent Parcel Number , Euclid Avenue, from the Euclid Land Bank, to Euclid Retirement Village, Limited Partnership for the amount of Three Thousand Dollars ($3,000.00) as authorized by Ordinance Nos and (Sponsored by Planning & Zoning Commission) (Moved to Council with Recommendation for passage) 9. Alternate Tax Budget Information. (Sponsored by Council President Holzheimer Gail by request of Finance Director) Comment: First piece in annual budget process and provides the County with an estimate of revenue and debt service for A resolution authorizing the Euclid Zoning Commissioner to continue and modify the Hen Pilot Program, initiated pursuant to Resolution , for one (1) additional year with various conditions. (Sponsored by Councilpersons Langman and McLaughlin) Comment: Hen program has had 5 participating households without complaint from neighboring property owners. Pilot program would be continued for one year with incremental increases in number of hens allowed up to 10 hens based on lot sizes. 11. An ordinance authorizing the Mayor of the City of Euclid or his designee to enter into an agreement to with Cargill Salt, Country Club Blvd., Suite 450, North Olmsted, Ohio 44070, for the City s requirement of salt from November 1, 2014 to October 31, 2015 with City s option to extend the agreement for an additional one year period. (Sponsored by Mayor Cervenik) Comment: Public Service Director has negotiated a supply price for salt that is below state contract pricing for Cuyahoga County communities and provides better assurance of needed delivery with the City s limited storage capacity. Ord. (057-14) Ord. (088-14) Res. (086-14) Ord. (093-14) Ord. (092-14) Ord. (094-14) Res. (090-14) Ord. (091-14)

3 12. An ordinance authorizing the Director of Public Service of the City of Euclid to advertise for bids and enter into contract for labor and materials necessary for Curb and Concrete Replacement Projects at various locations within the City of Euclid for the year (Sponsored by Councilperson McLaughlin by request of Service Director) 13. An ordinance authorizing the Mayor of the City of Euclid to enter into an agreement with Landmark Dividend LLC (Landmark), El Segundo, Ca., that provides for a lump sum payment of $575,000 in exchange for a seventy-five (75) year right to lease payments and access to the leases the City holds with T-Mobile Central LLC and New Par d/b/a Verizon Wireless on the communications facility located at 545 East 222 nd Street, Euclid, OH (Sponsored by Mayor Cervenik) Ord. (087-14) Ord. (089-14) Third Reading Comment: Law Department sought proposals from interested parties to acquire our interests in the two remaining cellular leases on the city owned tower. In an effort to maximize the present value to provide for Memorial Park improvements, a long term agreement is required. Landmark offered the highest pay-out of the two competing offers. Legislation to be referred to the Executive and Finance Committee. 14. A resolution granting a Use District Exception, pursuant to Chapter (a)(3) of the Codified Ordinances of the City of Euclid, to Erik Loomis, tenant and prospective purchaser, to operate a construction business with granite cutting, a cabinet fabrication shop and accessory indoor storage of construction materials, a U5 Commercial District permitted use, in a U4-Local Retail or Wholesale District and a U2- Family District, at 830 East 222 nd Street, Euclid, Ohio, Permanent Parcel No (Sponsored by Planning & Zoning Commission) (Referred to Council from P&Z with recommendation for passage) 15. An emergency ordinance amending Ordinance , which authorized the Coral Strategies strategic plan study for the Shore Cultural Centre to provide that funding will come from the Shore Corporation Fund. (Sponsored by Mayor Cervenik) Comment: With the passage of the budget amendment on June 2 nd, an adjustment to the fund source for the Coral study is required. There is no change in the contract cost or other terms of the agreement. 16. An ordinance authorizing the purchase of a fee simple interest in, over, and upon certain real property within the City of Euclid and authorizing the Mayor to enter into a purchase agreement therefore, and declaring an emergency. (Sponsored by Mayor Cervenik) TABLED LAST MEETING Comment: Purchase of BP gas station site in Wastewater Plant construction zone would allow for more efficient use of equipment and improved construction performance CEREMONIAL RESOLUTIONS 17. A resolution of congratulations to Samantha M. Lisy for her accomplishment in achieving the designation of Valedictorian of the Euclid High School graduating class of (Sponsored by Mayor Cervenik & Entire Council) 18. A resolution of congratulations to Kezia V. Sta-Ana for her accomplishment in achieving the designation of Salutatorian of the Euclid High School graduating class of (Sponsored by Mayor Cervenik & Entire Council) Ord. (075-14) Ord. (085-14) Ord. (039-14) Res. (083-14) Res. (084-14) COMMITTEE OF THE WHOLE PUBLIC PORTION COUNCIL MEMBERS COMMENTS MOTION TO RECESS FOR SUMMER BREAK ADJOURNMENT

4 (062-14) Ordinance No. By Council President Holzheimer Gail (by request) An ordinance authorizing the Director of Finance of the City of Euclid to renew a contract with New World Systems, Inc. to provide software support services to the City s financial, payroll, human resources, employee, and community development systems for a five-year period. WHEREAS, New World Systems has provided computer-related services for the City of Euclid since 1991; and WHEREAS, the current contract will expire in July 31, 2014, making this renewal necessary to the maintenance and service of software; and WHEREAS, New World Systems services include upgrades/new releases of application packages and telephone support among other items. NOW, THEREFORE, be it ordained by the Council of the City of Euclid, State of Ohio: Section 1: That the Director of Finance is hereby authorized, empowered and directed to enter into a renewal of the contract with New World Systems, Inc. to provide software support services to the City s financial, payroll, human resources, employee, and community development systems. Section 2: The cost for the period August 1, 2014 through July 31, 2015 is in the amount of $69, The cost for the period August 1, 2015 through July 31, 2016 is in the amount of $71, The cost for the period August 1, 2016 through July 31, 2017 is in the amount of $75, The cost for the period August 1, 2017 through July 31, 2018 is in the amount of $79, The cost for the period August 1, 2018 through July 31, 2019 is in the amount of $83, Section 3: Funds to pay for this expenditure are to be derived from the General Fund. Section 4: That it is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. allowed by law. Section 5: That this ordinance shall be in full force and effect from and after the earliest period Attest: Clerk of Council Passed: Effective: President of Council Approved: Mayor

5 (070-14) Ordinance No. By Mayor Cervenik An emergency ordinance authorizing the Administrative Director to enter into a 43 month agreement with Be Well Solutions, Solon, Ohio, to implement a comprehensive employee wellness program, commencing June 1, 2014, and expiring December 31, 2017, in an amount not to exceed $49,000 annually. WHEREAS, the City has created an employee centered Health Care Strategy Committee to address approaches to control health care costs and assist with implementation of health care reforms and the Affordable Healthcare Act; and WHEREAS, a comprehensive wellness program provides a mechanism for employees to control portions of healthcare dealing with disease avoidance and prevention; and WHEREAS, the proposal submitted by the physician owned and managed Be Well Solutions, would provide wellness programing and health screenings and provide for the establishment of individual goals and a personal health profile for up to 425 participating members at a monthly cost of $1,920; and WHEREAS, the proposal includes an analysis of aggregate risk factors along with recommendations provided to the Administration to address significant issues impacting health care costs; and WHEREAS, the design plan of the City s group healthcare plan would include a reduced premium for participants who meet healthcare metrics; and WHEREAS, this ordinance is an emergency measure necessary for the orderly administration of a city department. NOW, THEREFORE, be it ordained by the Council of the City of Euclid, State of Ohio: Section 1: That the Administrative Director is hereby authorized to enter into a 43 month contract with Be Well Solutions, Solon, Ohio, to implement a comprehensive employee wellness program, expiring on December 31, 2017, in an amount not to exceed $49,000 annually. Section 2: Funds to pay for this expenditure are to be derived from the General Fund and various other funds as are charged for employee healthcare expenses. Section 3: That it is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 4: That this ordinance is hereby declared to be an emergency measure necessary for orderly administration o f a city department the preservation of the public peace, safety and welfare of the citizens of the City of Euclid, and provided it receives the two-thirds vote of all members of Council elected thereto, shall be in full force and effect from after it passage and approval; otherwise to be in full force and effect from and after the earliest period allowed by law. Attest: Clerk of Council Passed: President of Council Approved: Mayor

6 (069-14) Ordinance No. By Mayor Cervenik An ordinance authorizing the continuation of the solid waste collection fee for residential accounts for the years 2015 and WHEREAS, the City of Euclid wishes to maintain the highest level of public services to City residents and faces continued elimination of the estate tax and prior reduction in the state/local government funds, both due to state legislative action; and WHEREAS, the collection and disposal of garbage and refuse in the City is a matter which affects the public health, welfare and safety of all City residents; and WHEREAS, the Council of the City of Euclid has provided for the fee since 2010; and WHEREAS, the Council has determined that provisions should be continued allowing for a reduced rate for senior and other persons based upon income qualifications; and NOW, THEREFORE, be it ordained by the Council of the City of Euclid, State of Ohio: Section 1: That it has been determined that a portion of the cost of garbage, waste and refuse collection shall be borne by the property owner. The cost shall be nine dollars ($9.00) per month and shall be assessed through the collection of property taxes as a special assessment for the years 2015 and Section 2: That the fee shall be reduced to seven dollars ($7.00) per month for seniors 65 years of age and older and permanently and/or totally disabled persons provided those individuals make an application to the Director of Public Service and demonstrate that their household income, inclusive of Social Security benefits, does not exceed $31, Said application to be developed by the Director and shall include the requirement to provide a copy of the most recently filed federal income tax return. Section 3: That the amount of said special assessments for each shall be certified by the Clerk of Council to the County Fiscal Officer or other designated Cuyahoga County Official as provided by law to be placed by said official upon the tax duplicate and collected as other taxes as part of the annual tax collections to be levied and collected in the same calendar year. Section 4: That the Director of Law is authorized to take all steps permitted by law to collect delinquent fees. Section 5: That it is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 6: That this ordinance shall be in full force and effect from and after the earliest period allowed by law. Attest: Clerk of Council Passed: Effective: President of Council Approved: Mayor

7 (057-14) Ordinance No. By Mayor Cervenik An ordinance enacting a special assessment upon all property within the City of Euclid to be used for the payment of street lighting within the City. WHEREAS, within the City of Euclid street lighting provides benefits for all property owners as it helps to increase the safety of the community; and WHEREAS, the safety of the citizens is a concern of this Council and Administration and through the enactment of this special assessment the City will have the ability to maintain its current level of street lighting; and WHEREAS, the decisions made by the State Legislator and Governor to reduce the local government fund and estate tax provision threaten the ability of the City to maintain basic City services; and WHEREAS, with the most recent real property valuation, the millage was increased to 1.42 mills to allow for the collection of the funds necessary to offset the expense of the street lighting; and WHEREAS, 1.42 mills will continue to provide adequate revenue to cover the annual cost of street lighting. NOW, THEREFORE, be it ordained by the Council of the City of Euclid, State of Ohio: Section 1: It is hereby deemed necessary to provide for the payment of electric power for street lighting by special assessments on all parcels benefited, which is hereby determined to be all parcels of land within the municipality, except parcels owned by the State of Ohio and other tax exempt parcels. Section 2: No expenditure shall be made nor any portion of this special assessment used to improve or install additional lighting facilities except to the extent that funds are available after provision for or payment of all costs of electric power. Section 3: The cost of said improvement, namely the lighting of streets within the municipality, less two percent (2%) for the cost of intersections shall be assessed upon all of the lots and lands within this City which said lots and lands are hereby determined to be specifically benefited by said street lighting. Said assessment shall be levied at the rate of 1.42 mills annually. The cost of said improvement shall include the expense of the preliminary and other surveys and printing and publishing of notices, resolutions and ordinances required, and the serving of said notices, and the cost of construction, if any. No bond shall be issued in anticipation of the collection of said special assessments. Section 4: The amount of said special assessments shall be certified by the Clerk of Council to the County Fiscal Officer, as provided by law, to be placed by the County Fiscal Officer upon the tax duplicate for 2014 and 2015 for collection as other taxes in 2015 and Section 5: The Director of Finance is hereby authorized and directed to prepare an estimated assessment of the cost of electric power to provide street lighting and file said estimated costs with the office of the Clerk of Council, showing thereon the amount of the assessment against each lot or parcel of land to be assessed. Said estimated assessment shall be filed in the office of said Clerk and shall be available for public inspection. Section 6: Upon the filing of the said estimated assessment for street lighting as provided, the Clerk of Council is authorized and directed to cause notice of the passage of this Resolution and of the filing of said estimated assessments to be published in a newspaper of general circulation in the municipality for two (2) consecutive weeks. If the assessment for any lot or parcel of land to be assessed is in the amount of Two Hundred Fifty Dollars ($250.00) or more, then the owner of said lot or parcel shall be served notice of the passage of this Resolution by United States Certified Mail, postage prepaid, return receipt requested.

8 Section 7: That it is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. by law. Section 8: That this ordinance shall be in full force and effect from and after the earliest period allowed Attest: Clerk of Council Passed: Effective: President of Council Approved: Mayor

9 (088-14) Ordinance No. By Councilpersons Caviness and Langman An emergency ordinance authorizing the Mayor of the City of Euclid or his designee to accept and expend a Clean Ohio Green Space Conservation Program grant in the amount of Thirty Eight Thousand One Hundred Dollars ($38,100.00) for the Euclid Railroad Green Creek Corridor Conservation Project. WHEREAS, pursuant to Resolution No , the City applied for and has been awarded a Clean Ohio Green Space Conservation Program grant in the amount of Thirty Eight Thousand One Hundred Dollars ($38,100.00) from the Ohio Public Works Commission for the Euclid Railroad Green Creek Corridor Conservation Project; and, WHEREAS, the Euclid Railroad Green Creek Corridor Conservation Project consists of the acquisition of land by the City in the Cities of Euclid and Cleveland for conservation, riparian protection and potential educational purposes, and related stream clean-up and restoration activities; and, WHEREAS, the subject of this ordinance constitutes an emergency in that the same provides for the preservation of the public peace, safety and welfare of the citizens of the City of Euclid and to allow for the timely execution of the grant agreement and implementation of the project; and, NOW, THEREFORE, be it ordained by the Council of the City of Euclid, State of Ohio: Section 1: That the Mayor of the City of Euclid or his designee be, and is hereby authorized and empowered to execute an Ohio Public Works Commission Project Grant Agreement to accept and expend a Clean Ohio Green Space Conservation Program grant in the amount of Thirty Eight Thousand One Hundred Dollars ($38,100.00). Section 2: That this Council does hereby authorize the Mayor, or his designee, to execute any and all other documents necessary to accept and expend the grant funds, including, but not limited to documents necessary to acquire properties in the Cities of Euclid and Cleveland for the public purpose of the assembly of land for conservation, riparian protection and restoration, and potential educational activities related to the Euclid Railroad Green Creek Corridor Conservation Project. Section 3: That all documents related to the grant shall be in a form as approved by the Director of Law. Section 4: That it is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 5: That this ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, safety and welfare of the citizens of the City of Euclid, and provided it receives the two-thirds vote of all members of Council elected thereto, shall be in full force and effect from and after its passage and approval; otherwise to be in full force and effect from and after the earliest period allowed by law. Attest: Clerk of Council Passed: President of Council Approved: Mayor

10 (086-14) Resolution No. By Councilperson Jones (by request) A resolution authorizing the acceptance of a local Edward Byrne Memorial Justice Assistance Grant to provide $13, toward technology improvements in the Department of Police. WHEREAS, the local Edward Byrne Memorial Assistance Grant program has been awarded to Euclid, Cleveland and Cuyahoga County for 2014; and WHEREAS, the Euclid allocation will assist with the technology improvements in the Euclid Police Department; and WHEREAS, the grant does not require a match from the City of Euclid. NOW, THEREFORE, be it ordained by the Council of the City of Euclid, State of Ohio: Section 1: That the Mayor, as Ex-Officio Director of Public Safety, or his designee, be and is hereby authorized to take the necessary steps to execute any and all documents required to accept and administer the 2014 Local Edward Byrne Memorial Assistance Grant allocation of $13, Section 2: That it is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 3: That this resolution shall be in full force and effect from and after the earliest period allowed by law. Attest: Clerk of Council Passed: President of Council Approved: Mayor

11 (093-14) Ordinance No. By Planning and Zoning Commission An emergency ordinance authorizing the sale of Permanent Parcel Number , Nicholas Avenue, from the Euclid Land Bank, to Antoine Fisher for the amount of One Thousand Dollars ($1,000.00) as authorized by Ordinance Nos and WHEREAS, Ordinance , passed by Council on June 21, 2010 and amended by Ordinance on June 20, 2011, authorizes the sale of properties in the Euclid Land Bank for private use; and WHEREAS, Antoine Fisher owns the adjacent property, Permanent Parcel Number and desires to purchase the parcel for property unification expansion; and WHEREAS, at its meeting on June 10, 2014 the Planning and Zoning Commission recommended approval of the sale of Permanent Parcel Number , Nicholas Avenue to Antoine Fisher, for an amount of One Thousand Dollars ($1,000.00); and WHEREAS, in accordance with the Euclid Land Bank Disposition Policies, in approving the sales price the Planning and Zoning Commission concurred with the pricing policies adopted in Ordinance , which warrant a price below the Cuyahoga County Auditor s market value; and WHEREAS, the subject matter of this ordinance constitutes an emergency in that the same provides for the preservation of the public peace, safety and welfare of the citizens of the City of Euclid, and to allow the sale to be finalized in a timely manner. NOW, THEREFORE, be it ordained by the Council of the City of Euclid, State of Ohio: Section 1: That the sale of Permanent Parcel Number , Nicholas Avenue, from the Euclid Land Bank, to Antoine Fisher One Thousand Dollars ($1,000.00) as authorized by Ordinance No and amended by Ordinance is hereby approved. Section 2: That City Council approves the sales price adjustment below the Cuyahoga County Auditor s market value due to area market conditions and based on pricing policies adopted in Ordinance and amended by Ordinance Section 3: That it is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 4: That this ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, safety and welfare of the citizens of the City of Euclid, and provided it receives the two-thirds vote of all members of Council elected thereto, shall be in full force and effect from and after its passage and approval; otherwise to be in full force and effect from and after the earliest period allowed by law. Attest: Clerk of Council Passed: President of Council Approved: Mayor

12 (092-14) Ordinance No. By Planning and Zoning Commission An emergency ordinance authorizing the sale of Permanent Parcel Number , Euclid Avenue, from the Euclid Land Bank, to Euclid Retirement Village, Limited Partnership for the amount of Three Thousand Dollars ($3,000.00) as authorized by Ordinance Nos and WHEREAS, Ordinance , passed by Council on June 21, 2010 and amended by Ordinance on June 20, 2011, authorizes the sale of properties in the Euclid Land Bank for private use; and WHEREAS, at its meeting on June 10, 2014 the Planning and Zoning Commission recommended approval of the sale of Permanent Parcel Number , Euclid Avenue, to Euclid Retirement Village, Limited Partnership for an amount of Three Thousand Dollars ($3,000.00); and WHEREAS, in accordance with the Euclid Land Bank Disposition Policies, in approving the sales price the Planning and Zoning Commission concurred with the pricing policies adopted in Ordinance , which warrant a price below the Cuyahoga County Auditor s market value; and the offer was based on a competitive counter offer after receipt of notification of a land bank sale application being submitted to the Department. WHEREAS, the subject matter of this ordinance constitutes an emergency in that the same provides for the preservation of the public peace, safety and welfare of the citizens of the City of Euclid, and to allow the sale to be finalized in a timely manner. NOW, THEREFORE, be it ordained by the Council of the City of Euclid, State of Ohio: Section 1: That the sale of Permanent Parcel Number , Euclid Avenue, to Euclid Retirement Village, Limited Partnership for an amount of Three Thousand Dollars ($3,000.00) as authorized by Ordinance No and amended by Ordinance is hereby approved. Section 2: That City Council approves the sales price adjustment below the Cuyahoga County Auditor s market value due to area market conditions and based on pricing policies adopted in Ordinance and amended by Ordinance Section 3: That it is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 4: That this ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, safety and welfare of the citizens of the City of Euclid, and provided it receives the two-thirds vote of all members of Council elected thereto, shall be in full force and effect from and after its passage and approval; otherwise to be in full force and effect from and after the earliest period allowed by law. Attest: Clerk of Council Passed: President of Council Approved: Mayor

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26 (090-14) Resolution No. By Councilpersons Langman and McLaughlin A resolution authorizing the Euclid Zoning Commissioner to continue and modify the Hen Pilot Program, initiated pursuant to Resolution , for one (1) additional year with various conditions. WHEREAS, urban farming is a growing trend and a number of larger cities across the country have passed legislation relating to agricultural uses and the keeping of animals; and, WHEREAS, Euclid Resolution authorized the creation of a one-year Hen Pilot Program to allow up to five (5) Euclid households to each keep up to four (4) hens on residential property in the City of Euclid, subject to conditions; and, WHEREAS, the existing program has included five participants with no reported complaints; and, WHEREAS, in order to continue the pilot program for the keeping of hens and to develop final recommendations for code modifications in the City of Euclid, the Hen Pilot Program should be continued and modified; and, NOW, THEREFORE, be it resolved by the Council of the City of Euclid, State of Ohio: Section 1: That the Euclid Zoning Commissioner shall promulgate rules and standards to continue and modify the Hen Pilot Program for one (1) additional year in accordance with the regulations and conditions contained herein. Section 2: Owner-occupants of residential property in the City of Euclid who are interested in participating in the Hen Pilot Program shall make application to the Euclid Planning and Zoning Division on the form provided by the division. Section 3: Application information shall include: Applicant information; the number of hens that will be kept on the property [up to four (4) hens on any residential lot; properties having over 5,000 square feet of gross lot area may keep one additional hen for each 250 square feet of lot area; in no case, however, shall the total number of hens per residential property exceed ten (10) hens]; and a basic site plan; appropriate notification will be provided to adjacent property owners and tenants, if applicable. Section 4: Participant acceptance into the Hen Pilot Program may constitute a limited temporary waiver of section which ordinarily limits animal enclosures to no more than four (4) animals. Section 5: The Hen Pilot Program will be continued with no limit as to the number of permits issued to allow participation in the pilot program; in the event that the program is discontinued, existing participants may continue to keep and own their hens for the length of the natural lifespan of the hens subject to the conditions of the program. Section 6: Roosters, geese, turkey or other poultry or fowl are not permitted in the program; slaughtering of hens is prohibited. Section 7: The premises and facility must be kept in good repair, maintained in a clean and sanitary condition, remain free of vermin, waste, obnoxious smells and substances. The premises and facility may not create a nuisance to disturb the neighboring residents due to noise, odor, damage or threats to public health. Section 8: That it is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 9: That this resolution take immediate effect. Attest: Clerk of Council Passed: President of Council Approved: Mayor

27 (091-14) Ordinance No. By Mayor Cervenik An ordinance authorizing the Mayor of the City of Euclid or his designee to enter into an agreement to with Cargill Salt, Country Club Blvd., Suite 450, North Olmsted, Ohio 44070, for the City s requirement of salt from November 1, 2014 to October 31, 2015 with City s option to extend the agreement for an additional one year period. WHEREAS, Cargill Salt has provided the City of Euclid s requirement for salt for several years with excellent service and the City is currently under contract with them until October 31, 2014; and WHEREAS, the Director of Public Service has negotiated pricing with Cargill Salt for the contract period with salt delivered and dumped at $51.50 per ton, up 7.56% from the current contract and Clear Lane delivered and dumped at $57.56 per ton, a % increase from the current contract; and WHEREAS, the negotiated prices remain below the state pricing contract for municipalities in Cuyahoga County; and WHEREAS, under state contract, communities provide a usage figure and must purchase at least that amount, regardless of actual need, and may not exceed 120% of the estimated usage under the contract price; and WHEREAS, under the state contract, many communities were without supply as the selected vendor, Morton Salt, was first obligated to supply ODOT; and WHEREAS, the Council hereby waives competitive bidding based upon the reliable service provided by Cargill Salt throughout the years; and WHEREAS, funds to pay for this expenditure are to be derived from the Street Repair/Snow removal and Stat Highways Snow Removal Funds; and NOW, THEREFORE, be it ordained by the Council of the City of Euclid, State of Ohio: Section 1: That the Mayor of the City of Euclid or his designee is authorized to enter into an agreement to with Cargill Salt, Country Club Blvd., Suite 450, North Olmsted, Ohio 44070, for the City s requirement of salt from November 1, 2014 to October 31, 2015 with City s option to extend the agreement for an additional one year period. Section 2: That the Council finds that it is in the best interest of the City to waive competitive bidding for this supply contract. Section 3: That it is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 4: That this ordinance shall be in full force and effect from and after the earliest period allowed by law. Attest: Clerk of Council Passed: President of Council Approved: Effective: Mayor

28 (087-14) Ordinance No. By Councilperson McLaughlin (by request) An ordinance authorizing the Director of Public Service of the City of Euclid to advertise for bids and enter into contract for labor and materials necessary for Curb and Concrete Replacement Projects at various locations within the City of Euclid for the year NOW, THEREFORE, be it ordained by the Council of the City of Euclid, State of Ohio: Section 1: That the Director of Public Service be, and he is hereby authorized, empowered and directed to advertise for bids and enter into a contract for labor and materials for Curb and Concrete Replacement Projects at various locations within the City of Euclid for the year 2014 to be in accordance with specifications on file in the office of the Director of Public Service. Said contract shall be entered into after advertising for not less than two consecutive weeks in a newspaper of general circulation in the City of Euclid and awarded by the Board of Control to the lowest and best bidder. The specifications on file in the office of the Director of Public Service are hereby approved. The contract shall be in form approved by the Director of Law and shall be in conformance with such specifications. It shall be executed by the Director of Public Service. The Board of Control is hereby authorized to waive any minor or technical irregularities that may occur during the bid process. Section 2: Funds to pay for this expenditure are to be derived from the 2014 Capital Budget. Section 3: That it is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 4: That this ordinance shall be in full force and effect from and after the earliest period allowed by law. Attest: Clerk of Council Passed: Effective: President of Council Approved: Mayor

29 (089-14) Ordinance No. By- Mayor Cervenik An ordinance authorizing the Mayor of the City of Euclid to enter into an agreement with Landmark Dividend LLC (Landmark), El Segundo, Ca., that provides for a lump sum payment of $575,000 in exchange for a seventy-five (75) year right to lease payments and access to the leases the City holds with T-Mobile Central LLC and New Par d/b/a Verizon Wireless on the communications facility located at 545 East 222 nd Street, Euclid, OH WHEREAS, the City of Euclid has pursued agreements with vendors seeking to purchase the rights to ground and tower leases now held by the City of Euclid on the communication tower in Memorial Park; and WHEREAS, by taking a prepayment, the City will eliminate all monetary risk associated with network consolidation; and WHEREAS, Landmark has provided the best present value for the existing leases with T-Mobile and Verizon; and WHEREAS, City Council hereby finds the price of prepayment to be fair and just. NOW, THEREFORE, be it ordained by the Council of the City of Euclid, State of Ohio: Section 1: That the Mayor of the City of Euclid is hereby authorized and directed to enter into necessary agreements with Landmark Dividend, 2141 Rosecrans Avenue, Suite 2100, El Segundo, California that provide for a lump sum payment of $575,000 in exchange for a seventy-five (75) year lease easement purchase to the T-Mobile and Verizon leases on the communications facility located at 545 East 222 nd Street, Euclid, OH Section 2: That said agreements shall be substantially in the form on file with the Clerk of Council and together with such other documents necessary to acquire the property shall be as approved by the Director of Law. Section 3: That Council has determined the lease terms to be fair and just. Section 4: That all funds received from this transaction shall be deposited in the Recreation Capital Fund. Section 5: That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. law. Section 6: That this ordinance shall be in full force and effect from and after the earliest period allowed by Attest: Clerk of Council Passed: Effective: President of Council Approved: Mayor

30 (075-14) Resolution No. By Planning & Zoning Commission A resolution granting a Use District Exception, pursuant to Chapter (a)(3) of the Codified Ordinances of the City of Euclid, to Erik Loomis, tenant and prospective purchaser, to operate a construction business with granite cutting, a cabinet fabrication shop and accessory indoor storage of construction materials, a U5 Commercial District permitted use, in a U4-Local Retail or Wholesale District and a U2- Family District, at 830 East 222 nd Street, Euclid, Ohio, Permanent Parcel No WHEREAS, at its meeting on May 13, 2014, the Planning and Zoning Commission approved a Use District Exception to Erik Loomis to operate a construction business with granite cutting, a cabinet fabrication shop and accessory indoor storage of construction materials with conditions, at 830 East 222 nd Street, Euclid, Ohio; and WHEREAS, the use district exception is approved with the following conditions; 1) use of an existing spray painting booth is to be discontinued immediately and removed from the building on Permanent Parcel No ; 2) Outdoor storage of equipment and materials accessory to the construction business will be discontinued and completely eliminated within six months of the effective date of this ordinance for the westerly open area of Permanent Parcel No WHEREAS, Chapter 1375 of the Euclid Codified Ordinances provides that whenever the Planning and Zoning Commission approves a Use District Exception that decision must be confirmed by a Council resolution before it becomes effective; and NOW, THEREFORE, be it ordained by the Council of the City of Euclid, State of Ohio: Section 1: That a Use District Exception is hereby granted, pursuant to Chapter (a)(3) of the Codified Ordinances of the City of Euclid, to Erik Loomis, tenant and prospective purchaser, to operate a construction business with granite cutting, a cabinet fabrication shop and accessory indoor storage of construction materials, U5 Commercial District permitted uses, in a U4-Local Retail or Wholesale District and a U2- Family District, at 830 East 222 nd Street, Euclid, Ohio, Permanent Parcel No Section 2: That 1) Use of an existing spray painting booth is to be discontinued immediately and removed from the building on Permanent Parcel No ; 2) Outdoor storage of equipment and materials accessory to the construction business will be discontinued and completely eliminated within six months of the effective date of this ordinance for the westerly open area of Permanent Parcel No Section 3: That it is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 4: That this resolution shall take immediate effect. Attest: Clerk of Council Passed: President of Council Approved: Mayor

31 (085-14) Ordinance No. By Mayor Cervenik An emergency ordinance amending Ordinance , which authorized the Coral Strategies strategic plan study for the Shore Cultural Centre to provide that funding will come from the Shore Corporation Fund. WHEREAS, Ordinance provided that funds for the Shore Cultural Centre study to be conducted by Coral Strategies, LLC, were to be derived from the Endowment Fund; and WHEREAS, during the budgeting process, a transfer was made from the Endowment Fund to the Shore Operating Fund requiring that the contract for Coral Strategies be paid from the Shore Corporation Fund; and WHEREAS, the matter of this ordinance constitutes an emergency providing for the orderly conduct of the affairs of a municipal department. NOW, THEREFORE, be it ordained by the Council of the City of Euclid, State of Ohio: Section 1: That Ordinance is hereby amended to reflect that funds for the Coral Strategies study for the Shore Cultural Centre shall be derived from the Shore Corporation Fund. Section 2: That it is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 3: That this ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, safety and welfare of the citizens of the City of Euclid, and provided it receives the two-thirds vote of all members of Council elected thereto, shall be in full force and effect from after it passage and approval; otherwise to be in full force and effect from and after the earliest period allowed by law. Attest: Clerk of Council Passed: President of Council Approved: Mayor

32 (039-14) Ordinance No. Sponsored by Mayor Cervenik AN ORDINANCE AUTHORIZING THE PURCHASE OF A FEE SIMPLE INTEREST IN, OVER, AND UPON CERTAIN REAL PROPERTY WITHIN THE CITY OF EUCLID AND AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT THEREFORE, AND DECLARING AN EMERGENCY. WHEREAS, 7-11 Inc. is the owner of real property being part of Original Euclid Township Lot No. 6, Tract 18 and in the City of Euclid, Ohio and fully described in the attached Exhibit A ; and, WHEREAS, 7-11, Inc. wishes to sell said real property to the City of Euclid, Ohio; and WHEREAS, this Council hereby determines that it is in the best interest of the City of Euclid to purchase said real property in connection with the expansion of the City of Euclid s wastewater treatment facility. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EUCLID, COUNTY OF CUYAHOGA, STATE OF OHIO: SECTION 1. That the Mayor be and is hereby authorized to enter into a Purchase Agreement with 7-Eleven, Inc. for the purchase of a fee simple interest in the real property described in Exhibit A which is attached hereto and made a part hereof, and to execute any documents necessary to complete said sale. SECTION 2. That the purchase price for said real property shall be Four Hundred Ninety- Five Thousand Dollars and 00/100 ($495,000.00). SECTION 3. That the Law Director be and is hereby authorized to prepare any documents to make the transfer of said real property possible and further to perform any other legal work necessary to effectuate the purchase of said real property. SECTION 4. That it is 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, except as otherwise provided by Section of the Ohio Revised Code, all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 5. That this ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, welfare and safety of the inhabitants of this city, and for the further reason that obtaining the aforesaid fee simple interest at the earliest possible time is essential to meet construction deadlines; WHEREFORE, this ordinance shall take effect and be in force from and immediately upon its adoption. Attest: Clerk of Council Passed: President of Council Approved: Mayor