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MINUTES OF A REGULAR COUNCIL MEETING May 5, 2025 – 7:30p.m. Council of the City of Berea, Ohio, met in regular session in the Council Chamber on May 5, 2025 and the meeting was called to order by President of Council Jim Maxwell at 7:30p.m. Present: Mary K. Brown, Erika Coble, Leon R. Dozier, Sr., Chris McManis, Rick Skoczen, Lisa Weaver and Gene Zacharyasz. Also present: Director of Law and Public Safety Barb Jones, Director of Finance Andrea Morris, and Director of Economic Development Matt Madzy. The Pledge of Allegiance followed. This meeting was held in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code and Chapter 109 of the Codified Ordinances of the City of Berea. The certificate of compliance is on file in the Clerk’s office. Moved by Mr. McManis, seconded by Mrs. Weaver, that the minutes from the April 21, 2025 Regular Council Meeting be approved. Vote on the motion was all ayes and no nays. The motion carried. MAYOR'S ADMINISTRATIVE REPORT AND COMMENTS Mayor Kleem was not present. REPORT AND COMMENTS BY THE OFFICERS OF THE ADMINISTRATION: Andrea Morris – Director of Finance: Mrs. Morris had no report. Barb Jones – Director of Law & Public Safety: Mrs. Jones had no report. Tony Armagno – Director of Public Service: Mr. Armagno was not present, but Mrs. Brown inquired about overgrown grass on Nobottom Road, and Mrs. Jones told her to send the address to Exterior Maintenance. Marty Compton – Director of Recreation: Mr. Compton was not present. COMMENDATIONS: NONE PETITIONS: NONE 2 REGULAR COUNCIL MEETING – May 5, 2025 AUDIENCE PARTICIPATION: Holly Porter, a resident on East Bridge Street, acknowledged that District 46 is a good thing for the City, but reminded Council and the Administration not to neglect exterior maintenance. She noted overgrown grass, trees that require removal at the cemetery by the American Legion, the fence that must be replaced by Café Ah Roma, as well as other issues she hopes the City will keep in mind. Mrs. Coble informed Mrs. Porter that she has a meeting with Exterior Maintenance on Friday, and asked her to email any specific addresses, violations, or concerns. Mrs. Brown stated that the 2025 budget does include money for engineering work on the fence by Ah Roma. She noted that the fix is not easy, but progress is being made. Maryanne Haller, the new Branch Manager at the Berea Library, was present to introduce herself and inform all in attendance that circulation is up all over the County, but particularly in Berea, as are visits to the library. The branch is well used by residents of the City, and she is thrilled to be able to offer various programs and services to the community, including the bike program and the Summer Reading Challenge. Mrs. Haller concluded by saying she is looking forward to working with Council and the Administration to help the library serve the community. COUNCIL COMMITTEE REPORTS AND ANNOUNCEMENTS: NONE LEGISLATION – THIRD READING: ORDINANCE NO. 1-7: AN ORDINANCE APPROVING AND RATIFYING A THREE-YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BEREA AND THE LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 860, PURSUANT TO CHAPTER 4117 OF THE OHIO REVISED CODE, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Proposed Ordinance No. 1-7 stands on third reading. ORDINANCE NO. 4-2: AN ORDINANCE APPROVING AND RATIFYING A THREE-YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BEREA AND THE FRATERNAL ORDER OF POLICE LODGE 15, PURSUANT TO CHAPTER 4117 OF THE OHIO REVISED CODE, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Proposed Ordinance No. 4-2 stands on third reading. ORDINANCE NO. 4-3: AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO PARTICIPATE IN THE JOINT MUNICIPAL IMPROVEMENT CONSORTIUM FOR THE PURCHASE OF ROAD SALT AND OTHER DEICING MATERIALS, AND DECLARING AN EMERGENCY. 3 REGULAR COUNCIL MEETING – May 5, 2025 The Clerk read the title of the Ordinance. Moved by Mr. Skoczen, seconded by Mr. McManis, that Ordinance No. 4-3 be adopted. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. RESOLUTION NO. 4-4: A RESOLUTION DECLARING IT NECESSARY TO IMPROVE THE STREETS AND OTHER PUBLIC PLACES IN THE CITY OF BEREA BY SUPPLYING THE SAME WITH ELECTRIC LIGHTING, INCLUDING TRAFFIC CONTROL LIGHTING, BY FIXING THE VALUE OF INTERSECTIONS NOT ASSESSED FOR TAXATION, AND AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE AND FILE TENTATIVE ASSESSMENTS TO EFFECT THE SAME, AND DECLARING AN EMERGENCY. The Clerk read the title of the Resolution. Moved by Mr. Skoczen, seconded by Mr. McManis, that Resolution No. 4-4 be approved. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. ORDINANCE NO. 4-5: AN ORDINANCE DETERMINING TO PROCEED WITH THE IMPROVEMENT OF THE STREETS AND OTHER PUBLIC PLACES IN THE CITY OF BEREA BY SUPPLYING THE SAME WITH ELECTRIC LIGHTING, INCLUDING TRAFFIC CONTROL LIGHTING, AND TO LEVY ASSESSMENTS THEREFOR, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Moved by Mr. Skoczen, seconded by Mr. Dozier, that Ordinance No. 4-5 be adopted. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. LEGISLATION – SECOND READING: ORDINANCE NO. 4-1: AN ORDINANCE APPROVING DIGERONIMO DEVELOPMENT, AN AFFILIATE OF BEREA MIXED USE PROJECT, LLC, AND AUTHORIZED AGENT OF RENTAL ACQUISITIONS, LLC/BEREA STAGE II-A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND AMENDING THE ZONING MAP OF THE CITY OF BEREA BY REZONING THE AREA OF LAND TO BE KNOWN AS DISTRICT 46 TO PLANNED UNIT DEVELOPMENT / UPTOWN (UT) DISTRICT. The Clerk read the title of the Ordinance. Mr. Madzy noted that Planning Commission did recommend that Council adopt this Ordinance with the conditions specified in the memo they received from the Clerk. Todd Sciano from Donald G. Bohning & Associates was present this evening, along with Josh Decker from DeGeronimo Companies. He informed Council that the announcements of the medical building, The Barker and the use of the community field by Berea-Midpark High School were all recently made public. He then led Council through a brief presentation that included drawings and plans relating to District 46 and PUD Stage II-A. 4 REGULAR COUNCIL MEETING – May 5, 2025 General discussion commenced concerning proposed parking, of which there are 953 spaces, when 2,489 are required. Mr. Decker explained that the required parking takes in to account large events at the community field. If one considered only the day-to-day use of spaces for the office building, apartments, and normal size events, approximately 400 would be required. Mr. Madzy clarified that Stage II-A includes only the hotel, office building and parking lots. The rest of the images being shown are concepts, and will be considered in Stage II-B. Mrs. Coble inquired about required bufferyards, as compared to what is being proposed and what Jay Stewart, the outside planning consultant, recommended. Mr. Madzy clarified that the Technical Review Memo was finalized before the revised landscape plan that includes the fence. The fence achieves the goal that Mr. Stewart alluded to regarding improving screening for adjacent residential parcels. In addition, Mr. Stewart’s report was completed before the traffic impact study was available. The memo from Mr. Armagno, however, aligns with the recommendations of that study. Mr. Decker stated that bufferyard distances between the parking lots and residential properties varies throughout the project. Mrs. Brown asked if landscaping will be conducted on both sides of the fence, and Mr. Decker responded that it would be difficult to install landscaping on residential properties, as there would be no way to maintain the areas. He committed to attempting to save as many trees as possible along the residential property lines. Mrs. Coble was adamant that residents in the surrounding neighborhood be aware of what is coming, and Mr. Madzy responded that notices have been mailed out for several meetings, and there will also be a public open house next week. Mrs. Coble inquired about conversations with Baldwin Wallace University, and Mr. Decker responded that they are attempting to reach out to the University, as well as surrounding business owners, to see if additional parking options are available. Mr. Zacharyasz questioned where people will park during large events, and Mr. Madzy noted that the proposal includes 954 off-street parking spaces, but this does not include new on- street parking spaces, or surrounding public lots, as well as the exploration of special event parking options. Mr. Skoczen asked how special event parking may be coordinated, and Mr. Madzy pointed to the recommendations from Planning Commission that the developers look in to parking options, the use of a shuttle, and how parking with be advertised to event goers and the general public. Mr. McManis commented on traffic flow during the construction phase, encouraging the developers to make sure that access to existing businesses is maintained. Mrs. Porter inquired about the retail spaces, and was informed there will be 12’ between the door of a unit and the street. Jonathan Montag, a resident on West Fifth Avenue, asked where runoff will flow, and Mr. Sciano explained that they will run everything through an underground retention system, which will be an improvement to the current situation. 5 REGULAR COUNCIL MEETING – May 5, 2025 Mr. Maxwell reminded all in attendance that this Ordinance will be on for third reading at the May 19, 2025 Regular meeting, before which there will also be a public hearing on the matter. Proposed Ordinance No. 4-1 stands on second reading. RESOLUTION NO. 4-10: A RESOLUTION ESTABLISHING A TEMPORARY MORATORIUM, NOT TO EXCEED ONE YEAR, PROHIBITING THE ACCEPTANCE OF APPLICATIONS FOR, AND THE GRANTING OF, ZONING APPROVALS, BUILDING PERMITS, AND CERTIFICATES OF OCCUPANCY FOR ANY BUILDING, STRUCTURE, USE, OR CHANGE OF USE THAT WOULD BE ASSOCIATED WITH THE DISTRIBUTION OR SALE OF VAPING/E- CIGARETTE PRODUCTS, AND PROHIBITING THE COMMENCEMENT OF THE ACTUAL DISTRIBUTION AND SALE OF SUCH PRODUCTS WITHIN THE CITY OF BEREA, AND DECLARING AN EMERGENCY. The Clerk read the title of the Resolution. Mr. Skoczen confirmed that the 15 businesses who already sell vaping products will not be affected, should this Resolution be approved, and then asked what the end goal of the piece is, from the Administrative perspective. Mrs. Jones responded that the goal is to get a Council committee to look in to the issue to see if any additional zoning regulations should be put in place, or any restrictions added with regard to advertising, or distance between locations. Mrs. Coble asked if the City had received any occupancy permits with regard to vape shops since the introduction of this Resolution, and Mrs. Jones responded in the negative. In response to a question from Mrs. Brown, Mrs. Jones recounted the reasoning behind this Resolution, explaining that the City of Cleveland recently tightened their restrictions regarding smoke and vape shops, and many surrounding Cities have moratoriums in place while zoning regulations are considered. Mr. Madzy informed Council that there has been, particularly in Berea, an increase in interest for vape and smoke shops, and the goal of this Resolution is for Council to research the issue and bring forward Zoning Code changes, should they be warranted. Council could consider the type of business classification, the number or clustering of locations, and all other relevant issues. A moratorium will simply allow time for this research so that applications are not coming in with an inconsistency of results. General discussion commenced concerning whether one-year is too long for the moratorium, with Mr. Maxwell reminding Council that they could lift the moratorium when appropriate, but the process to amend the Zoning Code is extensive. Mr. Madzy noted that Council is, in reality, in charge of the timeframe. Mrs. Brown offered to spearhead a committee to begin research on the issue. Proposed Resolution No. 4-10 stands on second reading. 6 REGULAR COUNCIL MEETING – May 5, 2025 ORDINANCE NO. 4-11: AN ORDINANCE ACCEPTING A PLAT VACATING SECOND AVENUE, WHICH IS NO LONGER NEEDED FOR MUNICIPAL PURPOSES, AND DEDICATING THE RELOCATED SECOND AVENUE. The Clerk read the title of the Ordinance. Mr. Maxwell reminded Council that this Ordinance was referred to Planning Commission, who reviewed it last Thursday. Mr. Sciano explained that the current Second Avenue will become the community field, and thus utilities will have to be replaced to the new Second Avenue. Mr. Madzy informed Council that Planning Commission did recommend that this Ordinance be adopted. Proposed Ordinance No. 4-11 stands on second reading. ORDINANCE NO. 4-12: AN ORDINANCE APPROVING THE CONSOLIDATION AND SPLIT OF PERMANENT PARCEL NUMBERS 362-14-026, 362-14-027, 362-14-028, 362-14-029, 362- 14-030, 362-14-031, 362-14-032 AND 362-14-066, DEDICATING A PORTION OF DEPOT STREET AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO PREPARE AND SIGN ALL DOCUMENTS RELATED THERETO. The Clerk read the title of the Ordinance. Mr. Madzy explained that when the City did the bridge overpass project, Depot Street was moved, and this Ordinance will re-dedicate the new location, while the City maintains the portion that abuts the bridge to the north, and the portion in blue will be sold in to District 46, as stated in the previously approved development agreement. Planning Commission did recommend adoption. Proposed Ordinance No. 4-12 stands on second reading. ORDINANCE NO. 4-13: AN ORDINANCE APPROPRIATING FROM THE VARIOUS FUNDS TO INDIVIDUAL ACCOUNTS FOR THE CURRENT EXPENDITURES AND OTHER EXPENSES OF THE CITY OF BEREA FOR THE FISCAL YEAR ENDING DECEMBER 31, 2025, AND EXPRESSLY REPEALING ORDINANCE NO. 2025-18. The Clerk read the title of the Ordinance. Moved by Mrs. Brown, seconded by Mr. McManis, that the three-reading rule be suspended for Ordinance No. 4-13. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. Moved by Mrs. Brown, seconded by Mr. McManis, that Ordinance No. 4-13 be adopted. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. 7 REGULAR COUNCIL MEETING – May 5, 2025 LEGISLATION – FIRST READING: RESOLUTION NO. 5-1: A RESOLUTION APPROVING THE MAYOR’S RE-APPOINTMENT OF PAUL ANZALONE TO THE SHADE TREE COMMISSION, AND DECLARING AN EMERGENCY. The Clerk read the title of the Resolution. Moved by Mr. Zacharyasz, seconded by Mrs. Brown, that Resolution No. 5-1 be approved. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. RESOLUTION NO. 5-2: A RESOLUTION APPROVING THE MAYOR’S REAPPOINTMENT OF DR. KATHRYN M. FLINN TO THE SHADETREE COMMISSION, AND DECLARING AN EMERGENCY. The Clerk read the title of the Resolution. Moved by Mrs. Coble, seconded by Mrs. Brown, that Resolution No. 5-2 be approved. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. ORDINANCE NO. 5-3: AN ORDINANCE AUTHORIZING THE CITY TO ACCEPT TITLE TO CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY AND TRANSFER TITLE BACK TO THE CURRENT OWNER FOR THE PURPOSE OF IMPLEMENTING TAX INCREMENT FINANCING PURSUANT TO OHIO REVISED CODE SECTION 5709.41, THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS RELATED THERETO, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Mr. Maxwell noted that there were two minor changes made to this Ordinance, thus there is a need to substitute the new Ordinance by substitution. Moved by Mr. Skoczen, seconded by Mr. McManis, that Ordinance No. 5-3 be amended by the substitution of Ordinance No. 5-3a. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. Mrs. Brown asked if the language regarding the parking garage should be removed, since the project no longer entails a parking garage. General discussion commenced that there may one day be a parking garage, but one is not part of the current proposal. Mrs. Jones informed Council that, in order to be eligible for the TIF program, the City must be in the chain of title. Adoption of this Ordinance will achieve that requirement. Proposed Ordinance No 5-3a stands on first reading. ORDINANCE NO. 5-4: AN ORDINANCE AUTHORIZING THE PROVISION OF CERTAIN TAX EXEMPTIONS FOR THE PURPOSE OF ENCOURAGING ECONOMIC DEVELOPMENT WITHIN THE CITY; AUTHORIZING THE EXECUTION OF A MUNICIPAL INCOME TAX REIMBURSEMENT AGREEMENT, AND DECLARING AN EMERGENCY. 8 REGULAR COUNCIL MEETING – May 5, 2025 The Clerk read the title of the Ordinance. Mrs. Jones explained that proposed Ordinances 5-4, 5-5 and 5-6 are with regard to the payroll tax, admissions tax, and bed tax reimbursements, all of which were referenced in the purchase agreement. She noted that exhibits will be available before second reading. In response to a question from Mr. Zacharyasz, Mrs. Morris stated that there will be a special revenue pass-through account in the budget for the payroll, admissions and bed taxes, and a new fund for the TIF. Proposed Ordinance No. 5-4 stands on first reading. ORDINANCE NO. 5-5: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH BEREA MIXED USE PROJECT, LLC, OR AN AFFILIATE, TO PROVIDE FOR THE PAYMENT BY THE CITY OF BEREA, OF ALL ADMISSIONS TAXES CHARGED AND COLLECTED UNDER CHAPTER 193 OF THE CITY’S CODIFIED ORDINANCES AS PROVIDED IN THAT CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY AND BEREA MIXED USE PROJECT, LLC, AND TO EXECUTE ANY AND ALL DOCUMENTS RELATED THERETO, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Proposed Ordinance No. 5-5 stands on first reading. ORDINANCE NO. 5-6: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH BEREA MIXED USE PROJECT, LLC, OR AN AFFILIATE, TO PROVIDE FOR THE PAYMENT BY THE CITY OF BEREA, OF CERTAIN TAXES CHARGED AND COLLECTED UNDER CHAPTER 196 OF THE CITY’S CODIFIED ORDINANCES AS PROVIDED IN THAT CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY AND BEREA MIXED USE PROJECT, LLC, AND TO EXECUTE ANY AND ALL DOCUMENTS RELATED THERETO, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Proposed Ordinance No. 5-6 stands on first reading. REPORT AND COMMENTS BY THE PRESIDENT OF COUNCIL Mr. Maxwell stated that the Council budget allowed for 2 new computers, and they have arrived and are being set up. He noted that Mr. McManis has been working on an audio transition that will align with the current hardware, and Council will hear more about this as information becomes available. He thanked Mr. McManis for taking the lead on this endeavor. REPORTS AND COMMENTS BY THE MEMBERS OF COUNCIL Mr. Zacharyasz wished everyone a Happy Cinco de Mayo, and asked people to remember that Spring has sprung, so cut that grass! 9 REGULAR COUNCIL MEETING – May 5, 2025 Mrs. Brown encouraged everyone to take advantage of the opportunity to vote tomorrow, and noted that the first Sidewalk Committee meeting will be held on May 15, 2025 at 3:30p.m. in the Chamber. Mrs. Coble thanked all who attended the Coe Lake Clean-up and Earth Day Fest, even though the weather was cold. The volunteers were so generous, and she appreciated the City for supporting the event. Mr. Dozier wished everyone a Happy Cinco de Mayo, adding Happy Mother’s Day too! Mr. McManis said that he has been getting quick responses with regard to exterior maintenance issues, and it is much appreciated. He also encouraged people to vote tomorrow and wished all Moms a Happy Mother’s Day! Mr. Skoczen also wished Moms a Happy Mother’s Day, and encouraged people to cut their grass. Mrs. Weaver thanked Mrs. Coble for coordinating the Coe Lake Clean-up, adding that it was a privilege to attend and help out with so many caring people. CORRESPONDENCE The April 17, 2025 – April 30, 2025 Correspondence is available in the Clerk’s office. OTHER BUSINESS: Mrs. Esson issued reminders to Council Members about their Financial Disclosures, thanked her husband, Steve, for building a new food pantry, and wished all Moms a Happy Mother’s Day! Moved by Mrs. Brown, seconded by Mr. McManis, that the May 12, 2025 Work Session be cancelled. Vote on the motion was all ayes and no nays. The motion carried. There being no further business before Council, it was moved by Mrs. Brown, and seconded by Mr. Skoczen, that the Regular Council Meeting be adjourned. Vote on the motion was all ayes and no nays. The motion passed and President Maxwell declared the meeting adjourned at 9:07p.m. ______________________________________ Jim Maxwell President of Council ______________________________________ Alycia Esson Clerk of Council 10 REGULAR COUNCIL MEETING – May 5, 2025 CERTIFICATE OF COMPLIANCE The regular meeting of Council of the City of Berea, Ohio, held on the 5th day of May, 2025, was conducted in compliance with Codified Ordinances Section 109 and Ohio Revised Code Section 121.22. ___________________________________ Alycia Esson Clerk of Council