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City Council

Regular Meeting

Parma, OH · June 17, 2024

AgendaMinutes

Minutes

CALENDAR JUNE 17, 2024 COUNCIL MEETING PARMA COUNCIL CHAMBERS 7:23 P.M. The Regular Council Meeting was called to order by President of Council Vito Dipierro presiding: COUNCIL MEMBERS PRESENT: ROB EUERLE KEVIN C. KUSSMAUL DEBORAH LIME KAMMY SHUMAN MONICA WILSON KELLY ZACHARIAS AMANDA BOYD MARK CASSELBERRY ALLAN DIVIS Mrs. Saban – Mr. Chairman, the Roll of Council has been called, and I find a quorum of Council members present. The following officials and department heads were also present: Mayor Timothy J. DeGeeter, Law Director Scott M. Tuma, Deputy Auditor Mark Prok, Service Director Tony Vannello, Safety Director Bob Coury, Building Commissioner Dan Kulchytsky, City Engineer Hasmukh Patel, Communications and Community Relations Director Carolyn Kovach, Community Development Director Erik Tollerup, Chief of Staff Rich Summers and Clerk of Council Kristin L. Saban. ----------------------------------------------------------------------------------------------------------- INVOCATION The Invocation was given by Councilwoman Kammy Shuman. ---------------------------------------------------------------------------------------------------------- PLEDGE OF ALLEGIANCE --------------------------------------------------------------------------------------------------------- VOICE VOTE: RESOLUTION NO. 89-24 6/17/24 BY: DEBORAH LIME, AMANDA BOYD, MARK CASSELBERRY, ALLAN DIVIS, ROB EUERLE, KEVIN C. KUSSMAUL, KAMMY SHUMAN, MONICA WILSON, KELLY ZACHARIAS A RESOLUTION HONORING THE PARMA FIRE DEPARTMENT ON THEIR 100TH ANNIVERSARY Motion made by Councilwoman Lime seconded by Councilman Casselberry to adopt Resolution No. 89-24. Motion Carried. ----------------------------------------------------------------------------------------------------------- LEGISLATIVE COMMENT No one wished to speak. ---------------------------------------------------------------------------------------------------------- 1 DISPOSAL OF JOURNAL Mr. Dipierro – Stated, you have before you the minutes from the Regular Council Meeting held on June 3, 2024. Asked if there were any additions or corrections to the minutes? Stated, hearing none, the minutes will stand approved as printed. --------------------------------------------------------------------------------------------------- COMMUNICATIONS, PETITIONS AND CLAIMS Request from the Ohio Division of Liquor Control for a New D1 Permit to Chipotle Mexican Grill 1642 Snow Road Parma, Ohio 44134. Responses must be postmarked no later than July 5, 2024. Mr. Dipierro – Copy of said liquor permit was referred to Council and Safety Director. ------------------------------------------------------------------------------------------------------ Request from the Ohio Division of Liquor Control for a New D1, D2, D3, D6 Permit to First Watch Restaurants Inc. 6840 Ridge Road Parma, Ohio 44129. Responses must be postmarked no later than July 1, 2024. Mr. Dipierro – Copy of said liquor permit was referred to Council and Safety Director. --------------------------------------------------------------------------------------------------------------------- FIRST READING: ORDINANCE NO. 95-24 6/17/24 BY: MARK CASSELBERRY (By Request – Safety Director) AN ORDINANCE TO AMEND SECTION 618.02 “CARE REQUIREMENTS; CRUELTY PROHIBITED” WITHIN CHAPTER 618 “ANIMALS” WITHIN THE CODIFIED ORDINANCES OF THE CITY OF PARMA, AND DECLARING AN EMERGENCY Mr. Dipierro – Said Ordinance will be referred to the Public Safety Committee. ------------------------------------------------------------------------------------------------------- SECOND READING: ORDINANCE NO. 90-24 6/3/24 BY: MARK CASSELBERRY (By Request – City Engineer) AN ORDINANCE AUTHORIZING THE MAYOR TO APPLY FOR, ACCEPT, AND ENTER INTO A WATER POLLUTION CONTROL LOAN FUND (WPCLF) PRINCIPAL FORGIVENESS AGREEMENT ON BEHALF OF THE CITY OF PARMA FOR A PORTION OF THE TOTAL CONSTRUCTION FUNDING OF THE KRUEGER AVENUE SEWER IMPROVEMENT PROJECT – PHASE III, AND DECLARING AN EMERGENCY Motion made by Councilman Casselberry seconded by Councilwoman Lime to refer Ordinance No. 90-24 back to the Finance Committee. Motion Carried. ------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 92-24 6/3/24 BY: MARK CASSELBERRY, AMANDA BOYD, MONICA WILSON, ALLAN DIVIS, ROB EUERLE (By Request – Treasurer) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $1,650,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF IMPROVING THE SERVICE GARAGE, ANIMAL SHELTER, JUSTICE CENTER, SENIOR CENTER, MEMORIAL HALL, AND OTHER PUBLIC BUILDINGS BY REPLACING ROOFS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; APPROVING RELATED MATTERS 2 IN CONNECTION WITH ISSUANCE OF THE NOTES; AND DECLARING AN EMERGENCY Motion made by Councilman Casselberry seconded by Councilwoman Lime to refer Ordinance No. 92-24 back to the Finance Committee. Motion carried. ------------------------------------------------------------------------------------------------------ THIRD READING: RESOLUTION NO. 66-24 5/6/24 BY: MARK CASSELBERRY (By Request – Auditor) A RESOLUTION ADOPTING THE TAX BUDGET OF THE CITY OF PARMA, OHIO, FOR THE YEAR 2025, AND DECLARING AN EMERGENCY Motion made by Councilman Casselberry seconded by Councilwoman Lime to amend Resolution No. 66-24 by accepting Exhibit “A”. Further moved to waive Rule 52 and place Resolution No. 66-24 on Third Reading and passage as amended. Motion carried. Motion made by Councilwoman Lime seconded by Councilman Casselberry to adopt Resolution No. 66-24 as amended. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis No: None; Resolution No. 66-24 is adopted as amended. ----------------------------------------------------------------------------------------------------- RESOLUTION NO. 80-24 5/20/24 BY: MONICA WILSON A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC SAFETY TO ISSUE A PERMIT TO TRANSPORT INTO THE TERRITORIAL LIMITS OF THE CITY OF PARMA, FIREWORKS AND FIREWORK SUNDRIES FOR A PYROTECHNIC DISPLAY IN CONJUCTION WITH THE FIREWORKS SHOW FOR THE ISLAMIC CENTER OF CLEVELAND, AND DECLARING AN EMERGENCY Motion made by Councilwoman Lime seconded by Councilman Casselberry to adopt Resolution No. 80-24. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis No: None; Resolution No. 80-24 is adopted. ------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 81-24 5/20/24 BY: KAMMY SHUMAN (By Request – City Engineer) AN ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT WITH DLZ FOR THE ENGINEERING DESIGN SERVICES FOR THE CRAIGLEIGH DRIVE SEPTIC ABATEMENT PROJECT, IN THE CITY OF PARMA, AND DECLARING AN EMERGENCY Motion made by Councilwoman Lime seconded by Councilman Casselberry to adopt Ordinance No. 81-24. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis No: None; Ordinance No. 81-24 is adopted. 3 ORDINANCE NO. 84-24 5/20/24 BY: ALLAN DIVIS, KAMMY SHUMAN (By Request – Service Director) AN ORDINANCE TO AMEND ORDINANCE NO. 148-16 TO ACCEPT A NEW “PRICING SCHEDULE” FOR THE MEMORANDUM OF AGREEMENT WITH CUYAHOGA COUNTY FOR THE MAINTENANCE OF SANITARY AND STORM SEWERAGE AND WATER SYSTEMS WITHIN THE CITY OF PARMA, OHIO AND DECLARING AN EMERGENCY Motion made by Councilwoman Lime seconded by Councilman Casselberry to adopt Ordinance No. 84-24. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis No: None; Ordinance No. 84-24 is adopted ---------------------------------------------------------------------------------------------------------- SUSPENSION OF THE RULES: Mr. Dipierro – Shall the statutory provision and Rule 48 requiring the full and distinct reading of Ordinance No. 68-24, Ordinance No. 94-24, Ordinance No. 96-24, Ordinance No. 97- 24, Ordinance No. 98-24, Resolution No. 99-24, and Ordinance No. 100-24 be dispensed with? Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis No: None; Motion carried. Mr. Dipierro – Shall Rule 45 requiring reference to committee be dispensed with and Ordinance No. 68-24, Ordinance No. 94-24, Ordinance No. 96-24, Ordinance No. 97-24, Ordinance No. 98-24, Resolution No. 99-24 and Ordinance No. 100-24 be placed on final passage? Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis No: None; Motion carried. ------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 68-24 6/17/24 BY: MARK CASSELBERRY, AMANDA BOYD, ALLAN DIVIS (By Request – Service Director) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT WITH SITEONE LANDSCAPE SUPPLY, LLC, THE LOWEST AND BEST BIDDER FOR THE IRRIGATION CENTRAL CONTROL AND SATELLITE SYSTEM UPDATES FOR THE RIDGEWOOD MUNICIPAL GOLF COURSE, IN THE CITY OF PARMA, AND DECLARING AN EMERGENCY Councilwoman Wilson – Asked how this is being paid for? Service Director Vannello – Stated that it will be taken out of the 416 Event Center Golf Course Account. Councilwoman Wilson – Asked if it was budgeted? Service Director Vannello – Stated that yes, the bond note does state together with on site improvements. Motion made by Councilwoman Lime seconded by Councilman Casselberry to adopt Ordinance No. 68-24. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis No: None; Ordinance No. 68-24 is adopted. 4 ORDINANCE NO. 94-24 6/17/24 BY: MARK CASSELBERRY (By Request – Auditor) AN ORDINANCE AUTHORIZING THE TRANSFER OF APPROPRIATIONS WITHIN THE 2024 PERMANENT APPROPRIATIONS OF THE CITY OF PARMA, AND DECLARING AN EMERGENCY Councilwoman Lime- Asked if they appropriated properly for Deputy/Bailiff full time, because they had to adjust by $17,000. Deputy Auditor Prok – Read an email from Joel Gaiser of the Courts explaining that the Judges have an unusually high amount of defendants in need of psychological exams, and will need the transfer to cover those expenses for the remainder of the year. He also stated that there will also be enough to pay for a portion of the Probation Officer’s salary with remaining funds. Councilwoman Lime – Questioned then, that there must be a lot of mentally ill people going through the Court System that need exams. Deputy Auditor Prok – Stated that yes, he believes that is what the email was stating. Motion made by Councilwoman Lime seconded by Councilman Casselberry to adopt Ordinance No. 94-24. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis No: None; Ordinance No. 94-24 is adopted. -------------------------------------------------------------------------------------------------- ORDINANCE NO. 96-24 6/17/24 BY: MARK CASSELBERRY (By Request – City Engineer) AN ORDINANCE TO AMEND EXHIBIT “A” OF ORDINANCE NO. 183-22 WITH RESPECT TO THE KRUEGER AVENUE SEWER IMPROVEMENT PROJECT, PHASE 2, TO RAISE THE AMOUNT FOR THE CONSTRUCTION COST IN THE ORIGINAL GRANT AGREEMENT WITH NORTHEAST OHIO REGIONAL SEWER DISTRICT (NEORSD), UNDER THE MEMBER COMMUNITY INFRASTRUCTURE GRANT PROGRAM (MCIP), FROM $1,000,000 TO $1,475,000, IN THE CITY OF PARMA AND DECLARING AN EMERGENCY Councilwoman Lime – Asked if the difference of the $475,000 was additional grant money, or something that we would have to make up for. Engineer Patel – Stated that it was all grant money, adding that he had requested additional grant money through NEORSD, which was approved, giving the city $475,000 extra. Motion made by Councilwoman Lime seconded by Councilman Casselberry to adopt Ordinance No. 96-24. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis No: None; Ordinance No. 96-24 is adopted. ------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 97-24 6/17/24 BY: MARK CASSELBERRY, KEVIN KUSSMAUL (By Request – City Engineer) AN ORDINANCE TO AMEND EXHIBIT “A” OF ORDINANCE NO. 197-21 WITH RESPECT TO THE GREEN ACRES DRIVE AREA SEWER IMPROVEMENT PROJECT, 5 TO RAISE THE AMOUNT FOR THE CONSTRUCTION COST IN THE ORIGINAL GRANT AGREEMENT WITH NORTHEAST OHIO REGIONAL SEWER DISTRICT (NEORSD), UNDER THE MEMBER COMMUNITY INFRASTRUCTURE GRANT PROGRAM (MCIP), FROM $350,000 TO $1,125,000 IN THE CITY OF PARMA, AND DECLARING AN EMERGENCY Councilwoman Lime – Asked that because the Exhibit “A” goes back to 2021, the project goes from $350,000 to $1,250,00, if Engineer Patel could explain the reason. Engineer Patel – Stated that at the time only 25% to 35% of the MCIP funds were requested for the construction costs. An additional amount of $775,000 was asked for and was approved. Councilwoman Lime – Asked if the total of $1,250,000 was received. Engineer Patel – Stated that, yes, that is correct. Mayor DeGeeter – Stated that this was all Engineer Patel and his staff, and that at the Board of Trustees meeting, Mr. Patel received a great round of applause from the Trustees as well as the Sewer District. Councilwoman Lime – Urged Engineer Patel never to retire. Councilman Kussmaul – Thanked Engineer Patel for all of the work in his Ward. Councilwoman Lime – Asked Engineer Patel not to retire until the West 54th project is complete. Motion made by Councilwoman Lime seconded by Councilwoman Shuman to adopt Ordinance No. 97-24. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis No: None; Ordinance No. 97-24 is adopted. ------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 98-24 6/17/24 BY: MARK CASSELBERRY (By Request – City Engineer) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN AGREEMENT WITH THE NORTHEAST OHIO REGIONAL SEWER DISTRICT (NEORSD) AND THE CUYAHOGA COUNTY DEPARTMENT OF PUBLIC WORKS, UNDER THE MEMBER COMMUNITY INFRASTRUCTURE GRANT PROGRAM (MCIP) FOR THE DESIGN AND CONSTRUCTION COST FOR THE KRUEGER AVENUE SEWER IMPROVEMENT PROJECT – PHASE 3 IN THE CITY OF PARMA, AND DECLARING AN EMERGENCY Motion made by Councilwoman Lime seconded by Councilman Casselberry to adopt Ordinance No. 98-24. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis No: None; Ordinance No. 98-24 is adopted. ---------------------------------------------------------------------------------------------------------- RESOLUTION 99-24 6/17/24 BY: MARK CASSELBERRY (By Request – Auditor) A RESOLUTION APPROVING THE CITY AUDITOR’S POST CERTIFICATION OF REQUISITIONS AS DETAILED IN EXHIBIT “A” AND DECLARING AN EMERGENCY Motion made by Councilwoman Lime seconded by Councilman Casselberry to adopt Resolution No. 99-24. 6 Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis No: None; Resolution No. 99-24 is adopted. --------------------------------------------------------------------------------------------------------- ORDINANCE NO. 100-24 6/17/24 BY: MARK CASSELBERRY (By Request – Auditor) AMENDING ORDINANCE NO. 37-24 TO AUTHORIZE THE ISSUANCE OF NOT TO EXCEED $14,000.000 OF BONDS FOR THE PURPOSE OF IMPROVING THE MUNICIPAL GOLF COURSE, INCLUDING CONSTRUCTING A CLUBHOUSE AND EVENT CENTER AND FURNISHING AND EQUIPPING THE SAME; TOGETHER WITH THE SITE IMPROVEMENTS AND ALL NECESSARY APPURTENANCES THERETO; APPROVING RELATED MATTERS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND DECLARING AN EMERGENCY AMENDED CERTIFICATE OF ESTIMATED LIFE AND MAXIMUM MATURITY To: The City Council of the City of Parma, Ohio The undersigned Auditor of the City of Parma, Ohio (the “City”), as the fiscal officer of the City, certifies as follows: 1. The estimated life of the improvements described as follows (the “Improvements”) exceeds five years: Improving the municipal golf course, including constructing a clubhouse and event center and furnishing and equipping the same; together with site improvements and all necessary Appurtenances thereto 2. The maximum maturity of a single issue of bonds proposed to be issued to pay the cost of the Improvements, calculated in accordance with Section 133.20 Ohio Revised Code, is 30 years. Dated: June 17, 2024 _/s/ Brian Day_______________ Auditor City of Parma, Ohio Motion made by Councilman Casselberry seconded by Councilwoman Lime to accept the Fiscal Officer’s Certificate, spread it upon the minutes, and attach same to the red rule copy of Ordinance No. 100-24. Motion carried. Councilwoman Lime – Requested an update from Bond Council. Catherine Swartz, Bond Council – Stated that back in April the Bond Ordinance was approved. Part of the Bond Ordinance approved, was the not to exceed amount at 33 years, at that time we had preliminary estimates for the project. Because it is a Rec Building the maximum maturity on the building is 30 years. Ms. Swartz also stated that we wanted to make 7 a correction before the bond pricing, nothing else will change except this will correct the record and will indicate that the maximum maturity rate will be 30 years, not 33 years. She stated that this is simply a technical correction. Councilwoman Lime – Asked that based on 30 years versus 33 years, how will this effect payments and interest? Catherine Swartz, Bond Council – Original estimates were run on 30 years and will not affect anything. Law Director Tuma – Deferred to Treasurer Mastroianni Treasurer Mastroianni – Explained that interest rates change and that it will not be known until the sale of the bond. He stated that at this time the rate is at 4%. Law Director Tuma – Asked if there would be any forthcoming amendments or would this be it. Catherine Swartz, Bond Council – Stated there would be none. Motion made by Councilwoman Lime seconded by Councilman Casselberry to adopt Ordinance No. 100-24. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis No: None; Ordinance No. 100-24 is adopted. --------------------------------------------------------------------------------------------------------- APPOINTMENTS AND CONFIRMATIONS Councilwoman Wilson – Stated the Appointment Scanning Committee met to discuss the following Reappointment. 1. Reappointment of Thomas Regas to the Building Board of Appeals. Mr. Regas’ reappointment would be for a five (5) year term ending on June 18, 2029. Motion made by Councilwoman Wilson seconded by Councilman Casselberry to grant The reappointment as recommended by the Mayor and the Appointment Scanning Committee of Council. Motion carried. ------------------------------------------------------------------------------------------------------- Mayor DeGeeter – Addressed Council on the Reconsideration of the Variances for the dispensaries that were denied. He stated that the Administration supports the Reconsideration and stated the following. The Administration prides itself on being business friendly and has always survived on income revenue for our services. Dispensaries are now a funding stream for cities. We are always looking at income numbers each month. We sometimes have to make tough choices and hard decisions. Last November, the Parma voters overwhelmingly supported this issue. The state may decide not to issue a license to everyone that was approved. We have had a growth facility here that has been running with zero issues. Prior to this, there were 5 medical marijuana variance applicants, none received a license. If they had received those licenses, all this may have been an easier transition, especially after the November vote. When the licenses are granted by the state for the dispensaries, the new revenue source will help to keep Police Officers on the roads, support Fire and Recreation, make for a better quality of life, and a safer community. If there is a Reconsideration, I ask that the conditions that were previously put on, after going to the Planning Commission, be imposed. 8 RECONSIDERATION OF VARIANCES Motion made by Councilwoman Lime seconded by Councilwoman Shuman to reconsider the Use Variance for 11575 Brookpark Rd. Councilman Kussmaul No. Motion carried. Councilwoman Lime – Stated that this is the perfect location for this, it is near to the Highway, and away from schools, churches, etc. Councilwoman Shuman – Stated that she was very impressed with the presentation of the Exhibit, and that it is a beautiful facility. Law Director Tuma – Clarified the Rules on Reconsidering a Variance by stating that the Councilperson making the reconsideration has to be someone that voted in the majority, and the person seconding the motion can be any Council member. Once the motion and second are made, there is a vote, and the majority rules. If passed for reconsideration, there will be a discussion, and a vote to grant or deny the variance with a majority vote. Law Director Tuma – Deferred to Clerk of Council Saban for the majority votes for 11575 Brookpark Rd. Councilwoman Lime withdrew her Motion. Councilwoman Shuman withdrew her Second. Motion made by Councilman Euerle seconded by Councilwoman Shuman to reconsider the Use Variance for 11575 Brookpark Rd. Councilman Kussmaul No. Motion carried. Law Director Tuma – Asked Council to then proceed with discussion. Councilwoman Shuman – Stated that we should be approving all of the variances and let the state decide. By not doing this, we are limiting the City’s ability to get any of the dispensaries. Motion made by Councilwoman Shuman seconded by Councilwoman Lime to grant the Reconsidered Use Variance for 11575 Brookpark Rd. Law Director Tuma stated that after discussion there should be a vote. Mayor DeGeeter – Asked regarding the conditions will be set forth that were presented to Council. Law Director – Read the following Use Variance Standards from PCO 1127.08: The standard for a Use Variance shall be one of unnecessary hardship as set forth below. Unnecessary hardship would result from the literal application of the zoning code not created by the applicant or the property owner. Exceptional circumstances or conditions, only applicable to the property involved or to the intended use of the property. Granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located. Granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code or adopted plans. Councilwoman Lime – Stated that for the record that if approved by the State, that under the Use Variance Code, this variance would move forward to the Planning Commission. Councilwoman Zacharias – Questioned inconsistencies on the number of conditions placed on the variances. Law Director Tuma – Explained that it is important to be consistent on what Council determined for each individual property based on the property’s own circumstances. He also stated that whatever was applied to prior Use Variances should be consistent and uniform. Motion made by Councilwoman Shuman, seconded by Councilwoman Lime to grant the Reconsidered Use Variance at 11575 Brookpark Road with the stipulation to go before the Planning Commission. Councilman Kussmaul No. Motion carried. Reconsidered Variance for 11575 with stipulation is granted. Motion made by Councilwoman Shuman seconded by Councilman Euerle to reconsider the Use Variance for 5444 Pearl Road. Councilman Kussmaul No. Motion carried. Councilwoman Lime – Stated that her vote will be no. She also stated that the intersection of Pearl and Ridge is plagued by numerous accidents and doesn’t believe that cutting through the neighboring side streets with Ridgebrook Elementary School nearby would 9 be good for the residents or the traffic flow. She stated that the property at 5444 Pearl Road is in horrible condition, and having a dispensary there would be bad for the City. Councilman Casselberry – Asked Mr. Zuber who circulated the petition that he had. Mr. Zuber – Explained that he had been ill, and had somebody go door to door. Councilwoman Wilson – Stated for the record, that she had received many calls from residents complaining about this location. Councilwoman Lime – Stated she also received many calls from residents regarding their concern for this location. Councilwoman Shuman – Stated that because of the traffic patterns, she would be voting no. Motion made by Councilwoman Lime seconded by Councilwoman Wilson to deny the Use Variance for Reconsidered Variance at 5444 Pearl Road. Motion carried. Motion made by Councilwoman Shuman seconded by Councilwoman Wilson to reconsider the Use Variance for 10505 Brookpark Rd. Councilman Kussmaul No. Motion carried. Councilwoman Lime – Asked where this property was located? Clerk of Council Saban – Stated that it is on the Corner of Brookpark and Tiedeman Rd. Mayor DeGeeter – Stated that this is located in a floodplain, and that there had already been a variance granted for a dispensary for that applicant. Councilwoman Lime – Stated that she also was aware that the area was a floodplain, and that it would not be a good idea for a location. Motion made by Councilwoman Lime seconded by Councilwoman Shuman to deny the Use Variance for Reconsidered Variance at 10505 Brookpark Rd. Motion carried. Motion made by Councilwoman Zacharias to reconsider the Use Variance for 1125 Pleasant Valley Rd. Clerk of Council Saban – State the Councilmember making the motion would have had to have voted in the majority, and Councilwoman Zacharias was not in the majority. Law Director Tuma – Stated that Councilwoman Zacharias would have to withdraw her motion. Councilwoman Zacharias – Withdrew motion to reconsider Use Variance for 1125 Pleasant Valley Rd. Councilman Kussmaul – Stated that he had residents from his ward that did attend the BZA meeting. He stated that the applicant had himself stated that this location will double and maybe even triple the traffic more than any of the other dispensaries will, and gravely over power the traffic at the Pleasant Valley shopping center, and on weekends even more so. He asked the majority to please not reconsider this location, and stated that the Boston Market location was already approved. Law Director Tuma – Stated that this is just to reconsider or not to reconsider. Councilwoman Zacharias – Stated that it would be remiss not to reconsider this location. Councilman Euerle – Asked about the specific numbers given by the applicant, and how would we even know if those numbers given would make the traffic worse? Councilman Kussmaul – The numbers of 650 more per day, and 100 more than that on weekends was given by the applicant based on his Columbus location, as well as other existing locations. He also stated that he was not willing to take a gamble on this in his ward. Councilman Euerle – Stated that the applicant also said that the hype and newness of the location would drop off in time as well. Councilman Kussmaul – Stated that it was the applicant at State and Pleasant Valley that made that statement and not Buckeye Relief. Councilman Euerle – Asked, wouldn’t all the stores at Pleasant Valley Shopping Center see the same numbers every day? Who would be wrong then in stating those numbers? 10 Councilman Kussmaul – Stated that he would respectfully disagree and would not be willing to take that gamble. Councilwoman Lime – Stated that no one really knows, and that as Councilmen we have to think of our residents, and gave her full support to Councilman Kussmaul to stop this. She stated that the traffic flow and parking lot at Pleasant Valley Shopping Center is a mess already. Councilman Euerle – Stated that if it is about parking, can’t that be fixed? Councilman Kussmaul – Stated that again, the applicant stated that this location will overwhelm the shopping center, and only be a greater problem on the weekends. He again, asked Council to please not reconsider this variance. Councilwoman Wilson – Stated that she agreed with Councilman Euerle regarding the numbers. Councilman Kussmaul – Stated that given the numbers by the applicant himself, asked why this variance is still being discussed. Councilwoman Shuman – Asked if anyone was going to make a motion to reconsider this? Councilman Euerle – Asked if the original motion to reconsider was withdrawn? Law Director Tuma – Stated that it was. -------------------------------------------------------------------------------------------------- PUBLIC SESSION John Zaccardelli, 6808 Regency Drive – Stated that he opposes all dispensaries for the City of Parma. He stated that he did not understand any of the hardships stated by any of the applicants, especially the 6895 Ridge Rd. applicant. He applauded Councilwoman Lime and Councilman Kussmaul on their debate and stance on the issue. President of Council Dipierro – Stated to Mr. Zaccardelli that there is no debate here. John Zaccardelli – Stated that he may come to another Council Meeting to discuss further. Resident, 6606 Gerald Ave. – Stated that he has been to every Council Meeting. Would like to see the Council members to put personal feelings aside and think of the money having these dispensaries would bring to the City. He feels that the people voted for this in November and the people should get what they want, as the bottom line. --------------------------------------------------------------------------------------------------------- MISCELLANEOUS BUSINESS Mayor DeGeeter – Wished all the dads a Happy Father’s Day, and thanked Council for passing Ordinance No. 84-24. Safety Director Coury – No comment Service Director Vannello – No comment. Auditor – No comment. Law Director Tuma – Thanked Councilman Divis, Councilwoman Shuman, Councilwoman Zacharias and Councilman Casselberry for inviting him to their Safety Meetings, and for the great presentations by the Safety Forces. Treasurer – No comment Councilman Euerle – Stated that the new date for Ward 9 Safety Meeting will be June 27 at the new Drug Mart, from 6-8 PM. Councilman Kussmaul – Thanked the Safety Forces for apprehending the flamingo felons. Councilwoman Lime – Wished everyone a Happy 4th of July and hoped to see everyone at the parade. Councilwoman Shuman- Thanked Fire and Police forces for the wonderful Safety Meeting and acknowledged the new ambulance that was driven in for the meeting, and stated that we will actually have 3. 11 Councilwoman Wilson – Stated that June is Pride Month. She also recognized Parma’s LGBTQ friends and allies for their continued fight for equality and stated that they are valued members of the community. Councilwoman Zacharias – No comment Councilwoman Boyd – Reminded all about the Rock the Block party that will be held on Saturday, June 29th from 4-9 PM. There will be a pony, bounce house, face painting, games and live music. Councilman Casselberry – Thanked the Fire and Police Force, the Auxiliary Police Service, Law Director Tuma and everyone that helped make the Safety Meeting a great event. Councilwoman Wilson – Also reminded all that this coming Sat. there will be a Home Owners Seminar at the Parma Snow Library, a free event that will be from 11 to 1 PM. And reminded all that Ward 1 Safety Meeting will be on June 25th at Pitt Ohio. Councilman Divis – Thanked Police and Fire Forces for the great Safety Meeting, and for the live demonstrations that were amazing to watch. Thanked Bob Coury and Kevin for being there and Scott Tuma for his comments, that were so appreciated. Council President Dipierro – Reminded all that the summer schedule dates for Council are July 15th and August 5th. ------------------------------------------------------------------------------------------- ADJOURNMENT Motion made by Councilwoman Lime seconded by Councilman Casselberry to adjourn said meeting at 8:38 P.M. Motion carried. ----------------------------------------------------------------------------------------------------------- CERTIFICATION I, Kristin L. Saban, Clerk of Council for the City of Parma, Ohio, do hereby certify the above to be a true and correct copy of the minutes form the Regular Council Meeting held on Monday, June 17, 2024. _/s/ Kristin L. Saban ______ ____/s/ Vito Dipierro _ KRISTIN L. SABAN VITO DIPIERRO CLERK OF COUNCIL PRESIDENT OF COUNCIL 12

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