2019-105 Ordinance - Laserfiche WebLink

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...In case of conflict between the exercise of powers granted by this Charter and the exercise of powers by municipalities or townships granted by the Constitution or general law, the exercise of powers by the municipality or township shall prevail....; and WHEREAS, the City of North Olmsted has one of the most substantial retail footprints in Cuyahoga County, with 45% of its total Industry Percentage being in Retail Trade (North Olmsted, 2015 Master Plan); and WHEREAS, the City of North Olmsted is the second largest retail center in the county (behind Cleveland) in terms of retails sales, the third largest in terms of retail employment and the fourth largest in terms of retail businesses (TeamNEO's database); and WHEREAS, with a 2010 census population of 32,718, the City of North Olmsted had an average of 140 square feet of retail space per person, or 4,580,520 total square feet. The national ratio of square feet of retail per person was at that time 14 square feet per person (North Olmsted, 2015 Master Plan); and WHEREAS, Cuyahoga County Council, on May 28, 2019 adopted Ordinance 02019- 0005, proposing to ban the use of disposable plastic bags and non -permitted bags in retail settings throughout the County, under threat of a civil fine escalating to $500.00; and WHEREAS, despite demanding a sizeable shift in the business practices of potentially thousands of retail entrepreneurs throughout the County, the initial ordinance demanded compliance by October 1, 2019 — a little over four (4) months after enactment (later extended to January 1, 2020); and WHEREAS, insufficient public education and awareness has been undertaken by Cuyahoga County to educate residents and retailers alike, including residents and retailers in the City of North Olmsted, that they will be prohibited from using or obtaining plastic or non - permitted bags in the City; and WHEREAS, despite the sizeable retail presence in the City of North Olmsted, no comments were solicited from officials of the City of North Olmsted as to the positive and negative impacts of such County legislation upon the real and corporate citizens of the City of North Olmsted; and WHEREAS, this Council believes that County Ord. 02019-005 places an undue burden upon the retailers and residents of the City of North Olmsted; and WHEREAS, this Council believes that the collection and recycling of plastic bags is a benefit to the City of North Olmsted, the environment, the retail community and its residents, and WHEREAS, it is the Council's express, specific intention to exercise its home rule 2