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NOTICE OF SPECIAL MEETING OF CITY COUNCIL Council Office, Fairview Park, Ohio DATE: June 6, 2025 TO: Mayor Schneider and Members of City Council YOU ARE HEREBY NOTIFIED THAT A SPECIAL COUNCIL MEETING HAS BEEN REQUESTED BY COUNCIL PRESIDENT KILBANE FOR THE PURPOSE(S) OF: _________________________________________________________________________________________ Legislation on for First Reading COUNCILWOMAN WERING ORD. 25-__ | Establishing Chapter 704 Short-Term Rentals Legislation on Third Reading and Final Passage COUNCILWOMAN KING ORD. 25-39 Requesting County to Certify Fire Levy Renewal 2026-2030 _____________________________________________________________________________________ THIS SPECIAL MEETING WILL BE HELD ON THE 9th DAY OF JUNE, 2025, IN City Hall COUNCIL CHAMBERS, 3RD FLOOR, 20777 LORAIN ROAD, FAIRVIEW PARK, OH 44126 IMMEDIATELY FOLLOWING THE REGULAR COMMITTEE MEETING, WHICH BEGINS AT 7:00PM. ___________________ __Michael P. Kilbane_ __ Councilmember President of Council ___________________ __Liz L. Westbrooks____ Councilmember Clerk of Council ___________________ Councilmember MONDAY, JUNE 9, 2025 COMMITTEE MEETING – 7:00 PM SPECIAL COUNCIL MEETING – immediately following Committee CITY HALL - COUNCIL CHAMBERS COMMITTEE MEETING MEETING CALLED TO ORDER LOCAL GOVERNMENT & COMMUNITY SERVICES Councilwoman Wering, Chair | Councilman Simmerly, Vice Chair Issue: Gemini Center – Update from Administration FINANCE Councilwoman King, Chair | Councilwoman Greenfield, Vice Chair ORD. 25-31 2025 Salary Structure and Wage Ordinance_Non Union Employees ORD. 25-33 Authorizing 2025 NatureWorks Application ORD. 25-39 Requesting County to Certify Fire Levy Renewal 2026-2030 BOARDS & COMMISSIONS REPORTS ROUNDTABLE Ord 25-__ Establishing Chapter 704 Short-Term Rentals SPECIAL COUNCIL MEETING MEETING CALL TO ORDER | MOMENT OF SILENT PRAYER | PLEDGE OF ALLEGIANCE ROLL CALL WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS ~ LEGISLATIVE AGENDA ~ LEGISLATION ON FOR FIRST READING COUNCILWOMAN WERING ORD. 25-__ Establishing Chapter 704 Short-Term Rentals Continued on next page AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE LEGISLATION UP FOR THIRD READING AND FINAL PASSAGE COUNCILWOMAN KING ORD. 25-39 Requesting County to Certify Fire Levy Renewal 2026-2030 Adjournment Pursuant to Fairview Park Charter Article 4, Section 7(b) and Council Rule 5, no other subject(s) will be considered Ordinance 25-31 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO. 25-31 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING AN ORDINANCE ESTABLISHING THE SALARY RANGES FOR VARIOUS OFFICES AND POSITIONS OF THE MUNICIPAL GOVERNMENT, REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY WHEREAS, it is reasonable and necessary for the efficient operation of the City of Fairview Park that the City fairly compensates its non-collective bargaining employees; and WHEREAS, it has become necessary to adjust the salaries of part-time and seasonal employees to meet market demands; and WHEREAS, it has become necessary to create a new position within the Service Department, Assistant Service Director, and a new position in the Building Department, Building Inspector, in order to better serve the residents of the City of Fairview Park; and WHEREAS, it has also become necessary to allow for flexibility of City of Fairview Park benefits granted in Chapter 143 of the Codified Ordinances in order to attract seasoned professionals for employment so they will not lose their level of vacation time or other benefits by taking a position with the City. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That effective with the passage of this Ordinance, the annual salary ranges of certain positions are hereby updated as attached hereto as Exhibit "A" and will remain in effect until duly changed by ordinance. The positions contained in Exhibit "A" shall be paid at a salary determined by the Mayor and paid on a bi-weekly basis, with the exception of the Clerk of Council, the salary for which is determined by the Members of Council. SECTION 2. The Mayor shall be permitted to waive Section 143.23(a) for any non-union employees offered full-time employment with the City on or after January 1, 2024 and allow vacation leave commensurate with levels of vacation earned with prior employers and to begin accumulating vacation time upon the individual’s start date. SECTION 3. Employees listed in Grades F – Grade A and Specialty Positions shall be permitted to work on a part-time basis or a set pro-rated annual salary based on regularly scheduled hours worked, and their hourly rate or prorated annual salary shall be set within the respective grade ranges, can be employed in a combination of two positions, and can be offered benefits as detailed in Section 5 upon the discretion of the Mayor. Ordinance 25-31 | Page 2 SECTION 4. Any non-seasonal part-time employee as defined in Section 143.01 (g) of the City of Fairview Park Codified Ordinances regularly scheduled to work 30 hours or more, but less than 40 hours shall be allowed the following benefits: • To earn sick leave on a pro-rated basis of regularly scheduled hours as defined in Section 143.22; • To holiday leave as defined in Section 143.24 (paid a full-eight hours); • To be offered Health Plan Insurance as required by Affordable Care Act; and • To be offered Life Insurance. SECTION 5. That the salary of the Director of Law shall cover all ordinance services including legal advice and opinions as requested by the Council, the Mayor and Directors of Departments, the drafting of ordinances and resolutions, attendance at Council meetings and the administration and supervision of the Law Department. The professional fees for handling any litigation involving the City of Fairview Park for other extraordinary services shall be paid at a rate not to exceed $200.00 per hour. Payments to the Law Department for the handling of litigation or extraordinary services shall not exceed in total $35,000 per year unless otherwise authorized by Council. “Extraordinary Services as used herein shall mean any and all legal services furnished to the City by the Director of Law or the Assistant Director of Law not otherwise within the contemplated scope of their salary duties. “Extraordinary Services” includes but is not limited to the negotiation of the City labor contracts and other contracts and preparation for and attendance at arbitration or lawsuits concerning labor matters, including matters before the State Employment Relations Board, other State administrative agencies, and any appeals. SECTION 6. The City shall hold the Law Director and assistants to the Law Director, including the Assistant Director – Prosecutor and Assistant Director – Boards and Commissions, harmless and indemnify each from any and all damages and liability claims, asserted or adjudicated through civil and criminal litigation or proceedings before any court or administrative agency , and the City of Fairview Park shall indemnify all costs or expenses incurred for the defense thereof and pay all judgements for money damages awarded as a result of undertaking the responsibilities described herein. SECTION 7. That Ordinance 24-86A, and all previous salary ordinances or parts of ordinances inconsistent herewith, are hereby repealed. SECTION 8. 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. SECTION 9. That this Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, safety, and welfare and for the further reason that it is necessary to expedite this ordinance for the efficient operation of the Ordinance 25-31 | Page 3 City of Fairview Park; and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 06.02.25 3rd reading: ____________________________________ Michael P. Kilbane, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council Exhibit A EMPLOYEE GRADE 2025 Minimum 2025 Maximum Grade F Director of Finance Director of Public Service & Development Director of Law Building Commissioner Grade E Clerk of Council Director of Recreation Director of Senior Life Assistant Development Director Assistant Service Director Assistant Building Commissioner Grade D Assistant Finance Director Human Resources Manager Deputy Director Recreation / Aquatics Service Supervisor Building Inspector Grade C Assistant Director of Law - Prosecutor Finance Specialist Assistant Service Supervisor Executive Assistant to Mayor Property Maintenance Officer Recreation Facilities Coordinator Recreation Program Coordinator Senior Site Coordinator Grade B No Positions At This Time Grade A No Positions At This Time Specialty Positions Assistant Director of Law - Boards and Commissions $13,390 $20,600 Animal Control Officer $3,502 $3,811 PART-TIME STAFFING 2025 Minimum 2025 Maximum Professional Part-time: Administrative Support, Certified Building Inspector, Instructors/Specialty Recreation, Licensed Social Worker $21.63 $31.93 Regular Part-time: Administrative Clerks, Auxiliary Police Officer, Police Clerk/Dispatch, Property Maintenance Officer, Recreation Staff, School Guard, Senior Life Office, Senior Van Drivers, Service Department $10.70 (State of Ohio minimum wage) $23.69 Seasonal Staff: Hydrant Painter, Recreation Staff, Service Department $10.70 (State of Ohio minimum wage) $19.57 $33,154 $55,445 $43,906 $73,429 $38,082 $63,687 $66,307 $110,892 $51,074 $85,416 CITY OF FAIRVIEW PARK SALARY STRUCTURE WITH JOB TITLES 2025 $76,164 $127,375 MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Jennifer Pae, Finance Director RE: 2025 Salary Ordinance for non-union full-time, part-time and seasonal employees DATE: May 19, 2025 The requested update to the City of Fairview Park 2025 non-union Salary Ordinance includes the creation of two new positions: • Assistant Service Director • Building Inspector As the City is working to create a Sewer Division within the Service Department, as well as to expand investment in streets and public facilities, the number of managers needs to be increased from one Service Supervisor to two Service Supervisors managed by an Assistant Service Director. This is a best practice as the City continues to invest in its Service Department to better serve the community. Ordinance 133.021 permits the position of Building, Electrical or Plumbing Inspector. Due to the high demand for positions such as these within the State of Ohio, the City of Fairview Park needs flexibility in terms of positions for the Building Department. Thank you. cc: Bill Schneider, Mayor A. Steven Dever, Director of Law Liz Westbrooks, City Council Clerk Ordinance 25-33 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO. 25-33 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING CO-SPONSORED BY: COUNCILMAN MINEK AN ORDINANCE SUPPORTING AND AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE OHIO DEPARTMENT OF NATURAL RESOURCES FOR ROUND THIRTY-ONE OF THE NATUREWORKS GRANT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE FOR THE BAIN PARK TODDLER PLAYGROUND IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO ACCEPT ANY AWARDED GRANT FUNDS AND FILE ALL DOCUMENTS AND EXECUTE ALL AGREEMENTS NECESSARY TO RECEIVE AND ADMINISTER ANY AWARDED GRANT FUNDS AND DECLARING AN EMERGENCY WHEREAS, through the Ohio Department of Natural Resources (“ODNR”), the State of Ohio administers financial assistance for public recreational purposes through the NatureWorks grant program (“Program”); and WHEREAS, the City of Fairview Park (“City”) is seeking financial assistance through round thirty-one (31) of the Program for the purpose of the Bain Park Toddler Playground Improvement Project; and WHEREAS, legislation supporting and authorizing the application must be submitted with the application for the June 1, 2025 grant application deadline with the approved ordinance submitted by July 1, 2025; and WHEREAS, the Program provides seventy-five percent (75%) reimbursement for eligible project costs in an amount not to exceed two hundred forty-four thousand six hundred ninety-six dollars ($244,696.00) requiring the applicant to first expend funds and then request reimbursement from ODNR; and WHEREAS, the City is required to provide a twenty-five (25%) percent local funding match. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the City Administration is hereby authorized and directed to execute and file an application with ODNR and to provide all information and documentation required to become eligible for possible funding assistance. Ordinance 25-33 | Page 2 SECTION 2. That the City agrees to obligate the matching funds required to satisfactorily complete the proposed project from the Recreation Fund (Fund 230) and/or the Permanent Improvement Fund (Fund 260) and become eligible for reimbursement under the terms of the Program. SECTION 3. That the Mayor and City Administration are authorized to file all documents and execute all agreements necessary to accept the award and receive and administer any grant funds; and that the funds are appropriated solely for purposes described in this Ordinance. SECTION 4. 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. SECTION 5. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of public peace, health, safety and welfare; and for further reason that authorizing legislation must be submitted by the June 1, 2025 grant application deadline; and provided it receives an affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 06.02.25 3rd reading: ___________________________________ Michael P. Kilbane, President of Council ___________________________________ Bill Schneider, Mayor ___________________________________ Liz L. Westbrooks, Clerk of Council 20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Mayor Bill Schneider ORGINATED BY: Megan Otter, Assistant Development Director RE: 2025 NatureWorks Application Ordinance DATE: May 19, 2025 The Administration of the City of Fairview Park (“City”) is requesting the passage of the following Ordinance after three readings with emergency enactment. AN ORDINANCE SUPPORTING AND AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE OHIO DEPARTMENT OF NATURAL RESOURCES FOR ROUND THIRTY-ONE OF THE NATUREWORKS GRANT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE FOR THE BAIN PARK TODDLER PLAYGROUND IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO ACCEPT ANY AWARDED GRANT FUNDS AND FILE ALL DOCUMENTS AND EXECUTE ALL AGREEMENTS NECESSARY TO RECEIVE AND ADMINISTER ANY AWARDED GRANT FUNDS AND DECLARING AN EMERGENCY The City Administration intends to apply for round thirty-one (31) of the NatureWorks Program for the purpose of improving the toddler playground at Bain Park. The Bain Park Toddler Playground Improvement Project (“Project”) will include new playground equipment and new playground flooring. The City is seeking quotes for the project. The NatureWorks Program provides seventy-five percent (75%) reimbursement for eligible projects in an amount not to exceed two hundred forty-four thousand six hundred ninety-six dollars ($244,696.00). The City of Fairview Park (“City”) is required to provide a twenty-five (25%) percent local funding match. The City will be seeking additional grant funds and a new sponsorship program that will go towards the City’s local funding match and will also offset any additional cost of the project. Applications for the 2025 NatureWorks are due to the Ohio Department of Natural Resources (“ODNR”) by June 1, 2025. The Administration respectfully requests passage of this Ordinance on emergency to allow for the submission of supportive legislation to ODNR by the deadline of July 1, 2025 and to continue advancing outdoor recreation and connectivity in the City. cc: A. Steven Dever, Law Director Kerry Kemp, Recreation Director Liz Westbrooks, Clerk of Council Jennifer Pae, Finance Director/HR Manager Ordinance 25-39 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-39 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING and COUNCILWOMAN WERING AN ORDINANCE REQUESTING THAT THE CUYAHOGA COUNTY FISCAL OFFICER CERTIFY CERTAIN INFORMATION TO THE CITY OF FAIRVIEW PARK RELATIVE TO THE RENEWAL OF THE ONE (1) MILL FIRE TAX LEVY PROVIDING FOR A RENEWAL OF A TAX FOR THE BENEFIT OF THE CITY OF FAIRVIEW PARK FOR THE PURPOSE OF PROVIDING AND MAINTAINING FIRE APPARATUS, BUILDINGS, PAYMENT OF FIREFIGHTERS SALARIES, EMPLOYER'S CONTRIBUTION REQUIRED UNDER SECTION 742.34 OF THE REVISED CODE, PURCHASING AMBULANCE EQUIPMENT, FOR PROVIDING AMBULANCE, PARAMEDIC OR OTHER EMERGENCY MEDICAL SERVICES AT A RATE NOT EXCEEDING 1 MILL FOR EACH ONE DOLLAR OF VALUATION, WHICH AMOUNTS TO 10 CENTS FOR EACH ONE HUNDRED DOLLARS OF VALUATION, FOR FIVE YEARS, COMMENCING IN 2026, FIRST DUE IN CALENDAR YEAR 2027, TO BE PLACED ON THE NOVEMBER 4, 2025 BALLOT AND DECLARING AN EMERGENCY WHEREAS, Ohio Revised Code Section 5705.03 requires that when a taxing authority determines that it is necessary to levy a tax outside the ten (10) mill limitation for any purpose authorized by the Ohio Revised Code, prior to the certification to the Cuyahoga County Board of Elections of its Resolution to submit the question of levying a tax outside the ten-mill limitation to the electors of the City of Fairview Park, and the City shall certify this legislation to the County Fiscal Officer (auditor) requesting that the County Fiscal Officer certify to the City the total current valuation of the City and the dollar amount of revenue that would be generated by the specified number of mills; and WHEREAS, the levy is a renewal of the current levy for the fire department, necessary to fund current operating expenses, including salary and pension payments pursuant to the Ohio Revised Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the current amount of the taxes which may be raised within the ten (10) mill limitation by levies on the current tax duplicate will be insufficient to provide an adequate amount for the necessary requirement of the City of Fairview Park (“City”). SECTION 2. That it is necessary to continue the fire levy in excess of said ten (10) mill limitation of one (1) mill upon the taxable property of the City for the tax levy years 2026 to 2030, both inclusive, to be collected in Years 2027 to 2031, both inclusive, said tax being a renewal of a current levy which will expire on December 31, 2025, to fund current operating expenses of the Fairview Park Fire Department, to pay for items including current expenses, firefighter salaries Ordinance 25-39 | Page 2 and benefits including the required employer’s contribution to the firefighter’s disability and pension fund, pursuant to Article VIII of the Charter of the City of Fairview Park, and Sections 742.34 and 5705.19(I) of the Ohio Revised Code. SECTION 3. That upon passage of the levy renewal Resolution by Council, the question of such renewal tax levy shall be submitted to the electors of the City at the Primary Election to be held on Tuesday, November 4, 2025. SECTION 4. That this Council hereby requests the County Fiscal Officer (auditor) certify to the City of Fairview Park and the dollar amount of the revenue that will be generated by the one (1) mill renewal tax levy. SECTION 5. That the Clerk of Council is hereby authorized and directed to certify this Ordinance to the County Fiscal Officer (auditor) of Cuyahoga County, requesting the County Fiscal Officer to certify to the City of Fairview Park the total current tax valuation of the City of Fairview Park and the dollar amount of revenue that will be generated by the one (1) mill renewal tax levy. SECTION 6. 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. SECTION 7. That this Ordinance is hereby declared to be an emergency measure, necessary for the preservation of the public peace, health, safety and welfare; and so that information can be obtained from the county immediately, and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 3rd reading: ____________________________________ Michael P. Kilbane, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council 20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Anthony Raffin, Fire Chief RE: Fire Renewal Levy DATE: May 19, 2025 The Administration requests that the legislation below be passed after three readings with emergency enactment: A RESOLUTION SUBMITTING TO THE VOTERS THE QUESTION OF A RENEWAL OF A TAX FOR THE BENEFIT OF THE CITY OF FAIRVIEW PARK FOR THE PURPOSE OF PROVIDING AND MAINTAINING FIRE APPARATUS, BUILDINGS, PAYMENT OF FIREFIGHTERS SALARIES, EMPLOYER'S CONTRIBUTION REQUIRED UNDER SECTION 742.34 OF THE REVISED CODE, PURCHASING AMBULANCE EQUIPMENT, FOR PROVIDING AMBULANCE, PARAMEDIC OR OTHER EMERGENCY MEDICAL SERVICES AT A RATE NOT EXCEEDING 1 MILL FOR EACH ONE DOLLAR OF VALUATION, WHICH AMOUNTS TO TEN CENTS FOR EACH ONE HUNDRED DOLLARS OF VALUATION, FOR FIVE YEARS, COMMENCING IN 2026, FIRST DUE IN CALENDAR YEAR 2027 AND DECLARING AN EMERGENCY AN ORDINANCE REQUESTING THAT THE CUYAHOGA COUNTY FISCAL OFFICER CERTIFY CERTAIN INFORMATION TO THE CITY OF FAIRVIEW PARK RELATIVE TO THE RENEWAL OF THE ONE (1) MILL FIRE TAX LEVY PROVIDING FOR A RENEWAL OF A TAX FOR THE BENEFIT OF THE CITY OF FAIRVIEW PARK FOR THE PURPOSE OF PROVIDING AND MAINTAINING FIRE APPARATUS, BUILDINGS, PAYMENT OF FIREFIGHTERS SALARIES, EMPLOYER'S CONTRIBUTION REQUIRED UNDER SECTION 742.34 OF THE REVISED CODE, PURCHASING AMBULANCE EQUIPMENT, FOR PROVIDING AMBULANCE, PARAMEDIC OR OTHER EMERGENCY MEDICAL SERVICES AT A RATE NOT EXCEEDING 1 MILL FOR EACH ONE DOLLAR OF VALUATION, WHICH AMOUNTS TO 10 CENTS FOR EACH ONE HUNDRED DOLLARS OF VALUATION, FOR FIVE YEARS, COMMENCING IN 2026, FIRST DUE IN CALENDAR YEAR 2027, TO BE PLACED ON THE NOVEMBER 4, 2025 BALLOT AND DECLARING AN EMERGENCY 20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org On behalf of the Fairview Park Fire Department, I respectfully request City Council’s support for placing our fire levy renewal on the upcoming November ballot. This renewal is essential to ensure the continuation of critical funding necessary for the department’s daily operations. Originally established in 1975, the five-year Fire Levy has been a longstanding and reliable source of financial support for the department. The current one (1) mill levy has been in effect since 1996, with successful renewals in 2006, 2011, 2015 and 2021. The funds generated, approximately $300,000 annually, are used to cover a range of operational expenses, including firefighter salaries and benefits, ambulance and fire equipment, fire operations, and paramedic or other emergency medical services. In accordance with Sections 5705.19 and 742.34 of the Ohio Revised Code and the Charter of the City of Fairview Park, this renewal is necessary to maintain uninterrupted revenue for the department. Continued support of this November 4, 2025 levy will allow us to sustain the high level of service our community expects and deserves. The current levy expires on December 31, 2025, and if approved by voters, it would go into effect Tax Year 2026, Collection Year 2027 for another five years. Please feel free to contact me directly with any questions or to request additional information. I am also available to meet with you to further discuss the importance of this renewal. Thank you for your continued support. cc: Bill Schneider, Mayor A. Steven Dever, Director of Law Liz Westbrooks, Clerk of Council Ordinance 25-__ | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-__ REQUESTED BY: BILL SCHNEIDER, MAYOR SPONSORED BY: COUNCILWOMAN WERING AN ORDINANCE ADDING CHAPTER 704 ENTITLED, “SHORT-TERM RENTALS” TO TITLE SEVEN-BUSINESS REGULATION CODE AND DECLARING AN EMERGENCY WHEREAS, the Mayor and Michael Kilbane, Council President have recommended an additional Code to prohibit short term rentals in residential districts within Fairview Park; and WHEREAS, the Mayor and this Council find that it is in the best interest of the health, safety, and well-being of the public, including the owners, occupants and neighboring property owners of properties in the City of Fairview Park to prohibit short-term rentals of residential units; and WHEREAS, short-term rentals offer transient sleeping accommodations to guests for compensation and are a commercial activity directly analogous to the service offered by hotels, however, unlike hotels, short-term rentals are currently not licensed or otherwise regulated by the state, such regulation instead being left to local governments; and WHEREAS, regulation of short-term rentals requires comprehensive regulations, licensure, and accompanying inspections to ensure they operate in accordance with the health and safety of their guests, adjacent properties, and in accordance with all applicable building and fire codes; and WHEREAS, short-term rentals may require increased calls for service from emergency responders; and WHEREAS, short-term rentals may introduce commercial ·activity into zoning 'districts whose property owners reasonably expect will be free of any such adjacent commercial activity; and WHEREAS, the City of Fairview Park has never permitted short-term rentals in the city but is aware this commercial activity has taken place despite it not being permitted pursuant to the Zoning Code, or any other City Codes; and WHEREAS, Short-term rentals, by their existence, contribute to the destruction of our communities by removing families from neighborhoods, creating gaps in housing whereas none were designed to be. Short-term rentals contribute to the housing crisis, removing residential housing stock from a fully expanded municipality and decreasing our population. Ordinance 25-__ | Page 2 WHEREAS, Fairview Park wishes to protect residents who have made our city their home. Short-term rentals destroy community cohesion by providing a convenient income generating tool to landlords, driving long-term renters from their homes through the non-renewal of leases without lessee infraction in favor of higher income generating transient tenants. Short-term rentals have removed amenities once held by individuals who have continually made communities their home and have provided these amenities to short-term renters. WHEREAS, Fairview Park supports the building of long-term communities and is not a vacation destination. WHEREAS, Fairview Park spent decades removing motels and in no way wishes to allow that enterprise to return. WHEREAS, Short-term rentals do not add families to our school district. WHEREAS, the Council finds and determines that zoning controls have not been adequately effective in deterring this non-permitted commercial activity; and WHEREAS, in order to better address this prohibited activity, the Council determines that business regulations directly addressing the activity are necessary; and WHEREAS, pursuant to the Charter and plenary power conferred by §§ 3 and 7 of Article XVIII of the Ohio Constitution, the Council finds that it is in furtherance of the public health, safety, and welfare to enact business regulations prohibiting short-term rental activities in the City of Fairview Park. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: Section 1. That new Chapter 704, entitled, “Short-Term Rentals” of Title Seven Business Regulation Code of the Codified Ordinances of the City of Fairview Park be and is hereby enacted to read in its entirety as follows: 704.01 DEFINITIONS. As used in this chapter, the following words and phrases shall be defined as follows: (a) “Booking service" means any mechanism that provides for or facilitates a transaction between a short-term rental host and a potential short-term rental guest for the purpose of reserving or renting a guestroom for a fee, and for which a hosting platform collects or receives, directly or indirectly, any compensation in connection with the reservation. Such compensation may be remitted to the short-term rental host or the hosting platform. Ordinance 25-__ | Page 3 (b) "Dwelling" means any structure or shelter, whether of residential or commercial design and whether of permanent or temporary construction, used, or attempted to be used, as a short-term rental. This means every establishment kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are offered to guests, whether such rooms are in one or several structures. (c) "Guestroom" means a room or other space offered to the public for a fee that contains provisions for sleeping. (d) "Hosting platform" means an entity that participates in the short-term rental business/industry by providing for or facilitating a booking service through a website/application whereby a short- term rental host may offer, list, advertise, or market a short-term rental to a potential short-term rental guest. (e) "Owner" means the owner(s) of record as shown on the current tax list of the county auditor or a mortgagee(s) in possession. If an Owner is a business entity, such as a corporation, limited liability company, firm, partnership, association, organization and any other group acting as a unit, such business entity1 s officer(s), employee(s), and agent(s) having control of the property shall be an "owner" within the meaning of this definition. (f) “Person" means every natural person, corporation, limited liability company, partnership, limited partnership, Joint venture, unincorporated association, estate, trust, or any other commercial or non-commercial entity or organization. (g) "Short-term rental guest" means a person who reserves a guestroom I wholly or partly, from a short-term rental host for any form of consideration, for less than thirty (30) consecutive days. (h) "Short-term rental host" means the owner or permanent occupant who permits, offers, lists, markets, or advertises a short-term rental on a hosting platform or other medium and receives a fee as compensation. (i) “Short-term rental” means any establishment offering less than five rooms for the accommodation of guests, which is rented for a fee for less than thirty (30) consecutive days and not less than twenty-four (24) hours, whether such rooms are in one or several structures. 704.02 STATEMENT OF PURPOSE AND INTENT. Short-term rentals offer transient sleeping accommodations to guests for compensation and are a commercial activity directly analogous to the service offered by hotels. Unlike hotels, short-term rentals are not licensed or otherwise regulated by the state. The regulation of short-term rentals therefore is left to local governments. Regulation of short-term rentals requires comprehensive regulations, licensure, and. accompanying inspection to ensure they operate in accordance with the Ordinance 25-__ | Page 4 health and safety of their guests, adjacent properties, and in accordance with all applicable building and fire codes. Short-term rentals may require increased calls for service from emergency responders. Short-term rentals may introduce commercial activity into zoning districts whose property owners reasonably expect will be free of any such adjacent commercial activity. The City of Fairview Park therefore prohibits the operation of short-term rentals as contrary to the public peace, safety, and general welfare. 704.03 SHORT-TERM RENTALS PROHIBITED. (a) No person shall engage in, conduct, or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises in the City a short-term rental. (b) No hosting platform shall engage in, conduct, or carry on, or permit to be engaged in, conducted or carried on, as related to any premises in the City the offering of a short-term rental. (b) It shall be prima facie evidence of a violation of this· section for any person to engage in, conduct, or carry on, or permit to be engaged in, conducted or carried on, for any premises in the City the offering, listing, advertisement or marketing of a short-term rental on any website, application, digital or paper medium for the purpose of offering to reserve or rent the short-term rental. 704.04 PENALTIES. (a) Any person who violates§ 704.03(a) shall be guilty of a misdemeanor of the fourth degree. Each day a violation of§ 704.03(a) occurs shall be a separate offense. An offender who has been previously convicted of or pleaded guilty to a violation of § 704.03(a) is guilty of a misdemeanor of the first degree. This is a strict liability offense. Any entity convicted under this section shall be subject to organizational criminal liability as contemplated by § 501.11 of the Codified Ordinances. In addition, all gross revenue or compensation from a reservation(s) or rental(s) that is obtained in violation of § 752.03(a) shall be remitted to the City, subject to local and state laws governing forfeiture. (b) Any person who violates § 704.03(b) shall be guilty of an unclassified misdemeanor and shall be fined not more than two hundred fifty dollars ($250.00). Each day a violation of§ 752.03(a) occurs shall be a separate offense. Any offender who has been previously convicted of or plead guilty to a vIolat1on of 704.03(b) is guilty of a misdemeanor of the third degree. This is a strict liability offense. Any entity convicted under this section shall be subject to organizational criminal liability as contemplated by §501.11 of the Codified Ordinances. SECTION 2. That Part Seven, Business Regulation Code, of the Codified Ordinances of the City of Fairview Park, as amended, be and the same is hereby amended with the enactment of new Chapter 704 and § 704.0 l, 704.02, 704.03, and 704.04, the full text is and shall be set forth herein. Ordinance 25-__ | Page 5 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, except as otherwise provided by §121.22 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 4. That in case of conflict between any provision of this Ordinance and any other ordinance or resolution, or part thereof, the provisions of this Ordinance shall prevail and apply, unless a conflicting provision is deemed to be more restrictive. 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. SECTION 6. That this Ordinance is hereby declared an emergency measure necessary for the immediate preservation of the public peace, property, health, safety, and welfare of the City, and for the further reason that it is immediately necessary in order to regulate and enforce the prohibition of short-term rentals in residential districts. Therefore, provided this Ordinance receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law. PASSED: 1st reading: APPROVED: 2nd reading: 3rd reading: ____________________________________ Michael P. Kilbane, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council