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City Council

Regular Meeting

Parma, OH · November 18, 2024

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Minutes

MINUTES NOVEMBER 18, 2024 COUNCIL MEETING PARMA COUNCIL CHAMBERS 6:30 P.M. The Regular Council Meeting was called to order by President Pro–Tem Deborah Lime 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 DeGeeter, Law Director Scott M. Tuma, Auditor Brian Day, Treasurer Tom Mastroianni, Service Director Tony Vannello, Safety Director Bob Coury, Building Commissioner Dan Kulchytsky, City Engineer Hasmukh Patel, Communications and Community Relations Director Carolyn Kovach, Director of Human Resources Renee Guy, 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. 195-24 11/18/24 BY: D. LIME A RESOLUTION HONORING THE RAISIN CANES ON THEIR 25 DANCING YEARS Motion made by Councilman Casselberry seconded by Councilman Kussmaul to adopt Resolution No. 195-24. Motion carried. Councilwoman Lime presented the Resolution and Certificates to Raising Cane. Mayor DeGeeter presented Raising Cane with a Proclamation. ------------------------------------------------------------------------------------------------------------ CERTIFICATES: • 2024 Citizen’s Police Academy Graduates Certificates were presented to the Graduates. ------------------------------------------------------------------------------------------------------------ 1 LEGISLATIVE COMMENT No one wished to speak. ------------------------------------------------------------------------------------------------------------ DISPOSAL OF JOURNAL Ms. Lime – Stated, you have before you the minutes from the Regular Council meeting held on November 6, 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 THE PARMA BOARD OF ZONING APPEALS met on Tuesday November 12, 2024, at 6:30pm and a PROPOSED TO VARY, subject to provisions of amended Ordinance Section 1127.13 (confirmation or rejection by Council within forty days of receipt of this notice) FOR THE APPLICANT Nathan Stahinic, 4430 Maplecrest Ave. PPN: 447-08-120. After discussion George Mastrobuono recommends to Council to grant, Nathan Stahinic, who has requested an area variance to the City of Parma Codified Ordinance SECTION 1185.05(d) - HEIGHT DISTRICT EXCEPTIONS. In residential districts, an accessory building shall not exceed fifteen feet in height at the highest point of the roof nor more than one story. The proposal is to construct a new detached garage that is 16 feet tall. The variance would result in allowing the construction of a detached garage 1 feet taller in height than code allows. George Mastrobuono made a motion to recommend to Council to approve the variance with the stipulation that the garage door height would not exceed 10’ and the downspouts discharge to storm sewer crock in driveway. Also, no commercial activity, no living space, and no bathrooms be permitted in the garage. Allesan Armstrong second the motion. George Ziefle, Allesan Armstrong, George Mastrobuono, and Michelle Green voted yes. Motion made by Councilman Euerle seconded by Councilman Casselberry to thereafter read the variance application by title only. Further moved to refer the Variance to the Planning Committee. Motion carried. ---------------------------------------------------------------------------------------------------------------------------- THE PARMA BOARD OF ZONING APPEALS met on Tuesday November 12, 2024, at 6:30pm and a PROPOSED TO VARY, subject to provisions of amended Ordinance Section 1127.13 (confirmation or rejection by Council within forty days of receipt of this notice) FOR THE APPLICANT Absolute Canvas Sign 2236 E. 28th St. Lorain, Ohio 44055 For: 7007 Brookpark Rd. PPN: 443-21-064. After discussion George Mastrobuono recommends to Council to grant, 1196.08 SIGNS IN INDUSTRIAL DISTRICTS. Signs in Industrial, Industrial Park, Commercial-Manufacturing and Research-Manufacturing Districts shall be permitted in accordance with the following regulations. (a) Permitted Types, Number, Area and Height. Signs by structural type are permitted only in accordance with the regulations regarding maximum number, area and height as presented in the following schedule. Sign types not listed are prohibited. All signs are permanent unless listed as temporary. INDUSTRIAL DISTRICTS SCHEDULE OF PERMITTED SIGNS Commercial - Manufacturing Wall (minor) # - as necessary2 2 SF - 4 The proposal is to install 2 minor small wall signs on the canopy for a total of 40SF in area. A variance would result in allowing 36 more square feet of minor wall signage area. George Ziefle made a motion to recommend to Council to approve the variance, with the stipulation that only one logo be installed on the north side of the canopy and a logo and the small id sign can be installed on the west side of the canopy. The essential character of the neighborhood would not be altered and the intent behind the building code would be observed. Allesan Armstrong second the motion. George Ziefle, Allesan Armstrong, George Mastrobuono, and Michelle Green voted yes. Motion made by Councilman Euerle seconded by Councilman Casselberry to thereafter read the variance application by title only. Further moved to refer the Variance to the Planning Committee. Motion carried. ------------------------------------------------------------------------------------------------------------ THE PARMA BOARD OF ZONING APPEALS met on Tuesday November 12, 2024, at 6:30pm and a PROPOSED TO VARY, subject to provisions of amended Ordinance Section 1127.13 (confirmation or rejection by Council within forty days of receipt of this notice) FOR THE APPLICANT Brilliant Electric Sign Company 4811 Van Epps Rd. Cleveland, Ohio 44131, For: 12400 Plaza Drive. PPN: 441-30-036. After discussion Michelle Green recommends to Council to grant, Brilliant Electric Sign Company For: 12400 Plaza Dr., who has requested an area variance to the City of Parma Codified Ordinance 1196.08 SIGNS IN INDUSTRIAL DISTRICTS. SIGNS IN INDUSTRIAL DISTRICTS. Signs in Industrial, Industrial Park, Commercial-Manufacturing and Research-Manufacturing Districts shall be permitted in accordance with the following regulations. (a) Permitted Types, Number, Area and Height. Signs by structural type are permitted only in accordance with the regulations regarding maximum number, area and height as presented in the following schedule. Research - Manufacturing Free- # - as necessary2 Standing (minor) SF - 4 Ht - 3 The proposal is to construct an 8.25SF directional sign 5’tall. A variance would result in allowing a business to have a free-standing minor sign with 2’ more in height and 4.25 square feet in area than code allows. Michelle Green made a motion to recommend to Council to approve the variance as requested as it would be in the intent of the Building and Zoning Code would be observed and help in the navigating and wayfinding to the facility site and also the essential character of the neighborhood and adjoining properties would not be substantial altered. Allesan Armstrong second the motion. George Ziefle, Allesan Armstrong, George Mastrobuono, and Michelle Green voted yes. Motion made by Councilman Euerle seconded by Councilman Casselberry to thereafter read the variance application by title only. Further moved to refer the Variance to the Planning Committee. Motion carried. 3 THE PARMA BOARD OF ZONING APPEALS met on Tuesday November 12, 2024, at 6:30pm and a PROPOSED TO VARY, subject to provisions of amended Ordinance Section 1127.13 (confirmation or rejection by Council within forty days of receipt of this notice) FOR THE APPLICANT Brilliant Electric Sign Company 4811 Van Epps Rd. Cleveland, Ohio 44131, For: HS Acquisitions/Metro Health, 12301 Snow Road. PPN: 441-22-001. After discussion George Mastrobuono recommends to Council to grant, Brilliant Electric Sign Company, who has requested area variances to the City of Parma Codified Ordinance 1196.07 SIGNS IN COMMERCIAL DISTRICTS. Signs for uses in Retail Business Districts, Office Building Districts, Shopping Center Districts, and Automobile Parking Districts shall be permitted in accordance with the following regulations. (a) Permitted Types, Number, Area and Height. Signs by structural type are permitted only in accordance with the regulations regarding maximum number, area and height as presented in the following schedule. COMMERCIAL DISTRICTS SCHEDULE OF PERMITTED SIGNS Office Free- # - 1 per lot1 Standing (major) SF - 40 Ht - 5 Free- # - 2 per lot Standing (minor) entry/exit SF - 4 Ht - 3 Wall (major) # - 1 per bldg street frontage SF - 10 + (W x 1.5) Wall (minor) # - 2/main bldg2 SF - 2 The proposal is to construct 5 free standing major signs for a total of 258.3 square feet. Two of these signs are 10’, 1 is 5’ tall and 2 are 4’ tall. Four free standing minor signs, 5’-6” tall are proposed for a total of 44 square feet. And one wall minor sign is proposed with 7.5 square feet. A variance would result in allowing a 4 more free standing major, 218.3 more sign area than code allows. In addition, two signs will be 1’-6” taller, one sign will be 9’-6” taller, two signs will be 5’-10” taller than code allows. A variance would also result in allowing two additional free standing minor signs with 40 square feet, and 2’-6” more in height than code allows, and one wall minor sign, 5.5 square feet more than code allows. George Mastrobuono made a motion that we sent to Council to approve the variance as presented for 12301 Snow Road, as the essential character of the neighborhood will not be substantially altered, and justice will be done by granting the variance. Allesan Armstrong second the motion. George Ziefle, Allesan Armstrong, George Mastrobuono, and Michelle Green voted yes. 4 Motion made by Councilman Euerle seconded by Councilman Casselberry to thereafter read the variance application by title only. Further moved to refer the Variance to the Planning Committee. Motion carried. ------------------------------------------------------------------------------------------------------------ Thank you, card, read from Ann Socalovitch. Will be available in the Council Office. ------------------------------------------------------------------------------------------------------------ AMENDMENT TO THE CALENDAR Motion made by Councilman Casselberry to accept revised Exhibit “A” of Ordinance No. 197-24 under Suspension of the Rules. Motion carried. ------------------------------------------------------------------------------------------------------------ FIRST READING: ORDINANCE NO. 194-24 11/18/24 BY: M. CASSELBERRY (By Request – Recreation Director) AN ORDINANCE TO AMEND A PORTION OF § 185.05(b) “RECREATION DEPARTMENT” OF SECTION 185.05 “FEES OF THE DIRECTOR OF PUBLIC SERVICE” OF THE CODIFIED ORDINANCES OF THE CITY OF PARMA, RELATIVE TO THE PAVILION RENTAL FEES AT JAMES DAY PARK, AND DECLARING AN EMERGENCY Ms. Lime – Said Ordinance to be referred to the Finance Committee. ------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 196-24 11/18/24 BY: D. LIME, M. CASSELBERRY (By Request – City Engineer) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN AGREEMENT WITH THE NORTHEAST OHIO REGIONAL SEWER DISTRICT (NEORSD) UNDER THE MEMBER COMMUNITY INFRASTRUCTURE GRANT PROGRAM (MCIP) FOR THE DESIGN COST ONLY PORTION OF THE WEST 54th STREET SEWER IMPROVEMENT PROJECT, FROM GRANTWOOD DRIVE TO LUELDA AVENUE, IN THE CITY OF PARMA, AND DECLARING AN EMERGENCY Ms. Lime – Said Ordinance to be referred to the Finance Committee. ------------------------------------------------------------------------------------------------------------ SECOND READING: ORDINANCE NO. 178-24 10/21/24 BY: D. LIME AN ORDINANCE TO AMEND THE SCHEDULE OF PERMITTED BUILDINGS AND USES SET FORTH IN SECTION 1170.03 OF THE PARMA CODIFIED ORDINANCES TO PERMIT BODY ART ESTABLISHMENTS IN RETAIL BUSINESS ZONING DISTRICTS AND SHOPPING CENTER ZONING DISTRICTS, AND DECLARING AN EMERGENCY Motion made by Councilman Euerle seconded by Councilman Casselberry to refer Ordinance No. 178-24 back to the Planning Committee. Motion carried. 5 ORDINANCE NO. 187-24 11/6/24 BY: M. CASSELBERRY, A. DIVIS, R. EUERLE, K. KUSSMAUL (By Request – Service Director) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT OF COOPERATION BETWEEN CUYAHOGA COUNTY AND THE CITY OF PARMA FOR THE RESURFACING OF WEST RIDGEWOOD DRIVE, BETWEEN STATE ROAD AND BROADVIEW ROAD, IN THE CITY OF PARMA, UNDER THE 2025-2026 COUNTY ROAD 50/50 FUNDING PROGRAM, AND DECLARING AN EMERGENCY Motion made by Councilman Casselberry seconded by Councilwoman Shuman to refer Ordinance No. 187-24 back to the Finance Committee. Motion carried. ------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 188-24 11/6/24 BY: M. CASSELBERRY (By Request – Human Resources Director) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT WITH MEDICAL MUTUAL OF OHIO FOR PPO SELF-FUNDED HEALTHCARE, ADMINISTRATION, AND STOP-LOSS INSURANCE FOR CITY EMPLOYEES, AND DECLARING AN EMERGENCY Motion made by Councilman Casselberry seconded by Councilwoman Shuman to refer Ordinance No. 188-24 back to the Finance Committee. Motion carried. ------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 189-24 11/6/24 BY: M. CASSELBERRY (By Request – Human Resources Director) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT WITH ALLSTATE BENEFITS FOR EMPLOYEE PAID GROUP WHOLE LIFE INSURANCE FOR CITY EMPLOYEES, AND DECLARING AN EMERGENCY Motion made by Councilman Casselberry seconded by Councilwoman Shuman to refer Ordinance No. 189-24 back to the Finance Committee. Motion carried. ------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 193-24 11/6/24 BY: M. CASSELBERRY, A. DIVIS (By Request – Service Director) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A RENEWAL MASTER AGREEMENT FOR ENGINEERING SERVICES WITH DLZ OHIO, INC., FOR 2025 AND 2026, TO PROVIDE PROFESSIONAL SERVICES ON AN “AS NEEDED BASIS” FOR THE CITY-WIDE STORMWATER MANAGEMENT PROGRAM, LOCAL/STATE/FEDERAL INFRASTRUCTURE FUNDING ASSISTANCE, INCLUDING VARIOUS AGENCIES SUCH AS FEMA, U.S. EPA, OHIO EPA, OPWC, NOACA, NEORSD, CWD AND CURRENT INFRASTRUCTURE BILL 6 GRANT PROGRAMS FOR LOCAL GOVERNMENT, AND DECLARING AN EMERGENCY Motion made by Councilman Casselberry seconded by Councilwoman Shuman to refer Ordinance No. 193-24 back to the Finance Committee. Motion carried. ----------------------------------------------------------------------------------------------------------- THIRD READING: ORDINANCE NO. 173-24 10/21/24 BY: K. ZACHARIAS (By Request – Community Services & Economic Development Director) AN ORDINANCE AUTHORIZING THE MAYOR OR HIS DESIGNEE TO ENTER INTO A LEASE AGREEMENT WITH WELLNET PROPERTIES, LLC, FOR THE LEASING OF OFFICE SPACE LOCATED AT 5517 STATE ROAD, IN THE CITY OF PARMA, FOR THE PERIOD OF FEBRUARY 1, 2025, THROUGH JANUARY 31, 2026, TO BE UTILIZED BY THE CITY OF PARMA ECONOMIC DEVELOPMENT AND COMMUNITY SERVICES DEPARTMENT, AND DECLARING AN EMERGENCY Motion made by Councilman Casselberry seconded by Councilwoman Shuman to adopt Ordinance No. 173-24. Yes: Euerle, Kussmaul, Lime, Shuman, Zacharias, Wilson, Boyd, Casselberry, Divis. No: None; Ordinance No. 173-24 is adopted. ------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 183-24 10/21/24 BY: K. SHUMAN, A. DIVIS (By Request – City Engineer) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT WITH THE LOWEST AND BEST BIDDER FOR THE VALLEY VILLAS DRIVE SEPTIC ABATEMENT PROJECT, INCLUDING PORTIONS OF YORK AND STATE ROADS, AND DECLARING AN EMERGENCY Motion made by Councilman Casselberry seconded by Councilwoman Shuman to amend Ordinance No. 183-24 as follows: In Section 1 line 2 the blank shall read Fabrizi Trucking and Paving Company and in line 4 the blank shall read $2,078,679.00. Further moved to waive Rule 52 and place Ordinance No. 183-24 on Third Reading as amended for passage. Motion carried. Motion made by Councilman Casselberry seconded by Councilwoman Shuman to adopt Ordinance No. 183-24 as amended. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis. No: None; Ordinance No. 183-24 is adopted as amended. ------------------------------------------------------------------------------------------------------------ SUSPENSION OF THE RULES: Ms. Lime – Sall the statutory provision and Rule 48 requiring the full and distinct reading of Ordinance No, 197-24, Ordinance No. 198-24 and Resolution No. 199-24 on three different days be dispensed with? Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis. No: None; motion carried. Ms. Lime- Shall Rule 45 requiring reference to committee be dispensed with and Ordinance No. 197-24, Ordinance No. 198-24 and Resolution No. 199-24 be placed on final passage? 7 Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis. No: None; motion carried. ------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 197-24 11/18/24 BY: M. CASSELBERRY (By Request – Auditor) AN ORDINANCE TO AMEND THE 2024 PERMANENT APPROPRIATIONS OF THE CITY OF PARMA, OHIO, AND DECLARING AN EMERGENCY Councilwoman Lime – Asked for an explanation regarding the Pearl Road Fund Invoice? Auditor Day – Explained the difference between fund #131 and #374. Motion made by Councilman Casselberry seconded by Councilwoman Shuman to adopt Ordinance No. 197-24. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis. No: None: Ordinance No. 197-24 is adopted. ------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 198-24 11/18/24 BY: M. 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 Motion made by Councilman Casselberry seconded by Councilwoman Shuman to adopt Ordinance No. 198-24. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis. No: None; Ordinance No. 198-24 is adopted. ------------------------------------------------------------------------------------------------------------ RESOLUTION NO. 199-24 11/18/24 BY: M. 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 Councilman Casselberry seconded by Councilwoman Shuman to adopt Resolution No. 199-24. Yes: Euerle, Kussmaul, Lime, Shuman, Wilson, Zacharias, Boyd, Casselberry, Divis. No: None: Resolution No. 199-24 is adopted. ------------------------------------------------------------------------------------------------------------ TABLE OF LEGISLATION: ORDINANCE NO. 35-2020 3/16/2020 BY: AN ORDINANCE EXEMPTING RETAIL ESTABLISHMENTS IN THE CITY OF PARMA FROM CHAPTER 1304 OF THE CUYAHOGA COUNTY CODE AND DECLARING AN EMERGENCY 8 Motion made by Councilwoman Lime seconded by Councilman Casselberry to Table Ordinance No. 35-2020. Motion carried. Motion made by Councilman Casselberry seconded by Councilwoman Shuman to Reconsider Ordinance 35-2020. Motion failed. Ordinance No. 35-2020 is Tabled. ------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 3-24 1/16/24 BY: D. LIME, K. SHUMAN AN ORDINANCE TO AMEND CHAPTER 777 “TATTOO OPERATIONS” OF THE CITY OF PARMA, AND DECLARING AN EMERGENCY Motion made by Councilwoman Lime seconded by Councilman Casselberry to Table Ordinance No. 3-24. Motion carried. Motion made by Councilman Casselberry seconded by Councilwoman Shuman to Reconsider Ordinance No. 3-24. Motion failed. Ordinance No. 3-24 is Tabled. ------------------------------------------------------------------------------------------- PUBLIC SESSION No one wished to speak. ------------------------------------------------------------------------------------------------------------ MISCELLANEOUS BUSINESS Mayor DeGeeter – Reminded everyone of Shop Small Saturday picture to be taken immediately taken after the meeting. Also wished everyone a Happy Thanksgiving. Safety Director Coury – No comment. Service Director Vannello – Happy Thanksgiving. Auditor Day - No comment. Law Director Tuma - Happy Thanksgiving. Treasurer Mastroianni - Happy Thanksgiving. ------------------------------------------------------------------------------------------------------------ Councilman Divis – Happy Thanksgiving. Councilman Euerle – Happy Thanksgiving. Thanked the Service Department for their great job picking up leaves. Councilman Kussmaul – Happy Thanksgiving. Councilwoman Zacharias – No comment. Councilwoman Boyd – Happy Thanksgiving. Councilman Casselberry – Happy Thanksgiving. Councilwoman Shuman – No comment. Councilwoman Lime – Congratulated Councilman Casselberry on his election to Cuyahoga County Councilman Elect. Reminded everyone of Breakfast with Santa on December 14th, and Frosty Fest on December 8th. Happy Thanksgiving. Councilwoman Wilson – Happy Thanksgiving. ----------------------------------------------------------------------------------------------------------- REPORT ON ABSENT MEMBERS Motion made by Councilman Euerle seconded by Councilwoman Lime to excuse President of Council Dipierro from said meeting. All those in favor? Opposed? So moved. ------------------------------------------------------------------------------------------------------------ ADJOURNMENT: Motion made by Councilwoman Lime seconded by Councilman Casselberry to adjourn said meeting at 7:29 p.m. All those in favor? Opposed? So moved. 9 CERTIFICATION I, Kristin L. Saban, Clerk of Council for the City of Parma, Ohio, do hereby certify this to be a true and correct copy of the Minutes of the Regular Council Meeting held on Monday, November 18, 2024. _/s/ Kristin L. Saban________ _/s/Deborah Lime_______ Kristin L. Saban Deborah Lime Clerk of Council Pro-Tem kj 10

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