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MINUTES OF A REGULAR COUNCIL MEETING October 6, 2025 – 7:30p.m. Council of the City of Berea, Ohio, met in regular session in the Council Chamber on October 6, 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, Lisa Weaver and Gene Zacharyasz. Absent: Rick Skoczen. Also present: Director of Public Service Tony Armagno, Director of Law and Public Safety Barb Jones, 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 Mrs. Brown, seconded by Mr. McManis, that the minutes from the September 15, 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 was not present. Barb Jones – Director of Law & Public Safety: Mrs. Jones had no report, but in response to a statement from Mrs. Brown, said that there is a chart on the Berea Police Facebook page that provides information regarding motorized bikes in the City. Officers have, when provided good information, been knocking on doors and talking to Parents about what is permitted in the City and what is not. Tony Armagno – Director of Public Service: Mr. Armagno informed Council that the Edgewood project has begun, and notices were sent to affected residents, cable companies are still working on relocations with regard to the Longbrooke project, thus residents were informed that treelawn restoration will be done in the Spring, and bids for the pool house renovation were opened and are being reviewed, with an award to be announced at the next regular meeting. In response to a question from Mr. Maxwell, Mr. Armagno said that he would confirm the handicapped parking sign on Merrimak has been removed. 2 REGULAR COUNCIL MEETING – October 6, 2025 In response to questions from Mrs. Brown and Mrs. Coble, Mr. Armagno stated that he would take a look at trees that need to be removed on Nobottom and Cross, and on Dorland. Holly Porter inquired about the trees at the Adams Street Cemetery, and Mr. Armagno said that the grant received will only cover treelawn tree removal, but added that the City is keeping an eye on the trees she referenced. Mrs. Porter asked him to be proactive on this matter. Marty Compton – Director of Recreation: Mr. Compton was not present. COMMENDATIONS: None PETITIONS: None AUDIENCE PARTICIPATION: Lina Workman, from the Cuyahoga County Board of Developmental Disabilities, was present to recognize the 20th Anniversary of the last time a levy was approved for this organization. She explained that two-thirds of the budget comes from a continuous levy that was passed in 2005, and the organization assists people with developmental disabilities from birth to adulthood and empowers them to live, learn, work and play. Last year, the organization helped over 178 people in Berea and 15,000 across the County. Over the last 20 years, the levy has supported people through early intervention, therapy, consultative services, housing and employment and has donated to community libraries and recreation centers in order to make physical spaces more accessible to people of all abilities. In addition, they have awarded grants to many things, including the Berea Arts Fest in 2024. Ms. Workman continued by stating that the organization strives to be a resource for communities, including Berea, and thanked Mrs. Coble for organizing a recent meet and greet on Fowles Road, where resident feedback was provided and positive connections were made. Mrs. Coble thanked Ms. Workman, as well as the entire organization. Johnathan Montag asked for an update on the Front Street project. Mr. Armagno replied that they will be maintaining traffic as is, for approximately 2 more weeks. A resident on Coe Street commented on proposed Ordinance No. 9-10, stating that she has a lot of concerns with giving the property to Ryan Homes, as the company is the subject of class action lawsuits, its product is not of good quality, they require buyers to sign non-disclosure agreements, 40% of claims are denied and at least 68% of buyers have had 1 issue with something under warranty. Christina Bratsch, a resident on the Northend and owner of The Hydrant, stated that while the townhouses may be the only option for the area, it is not the best option, as the Northend is a business district. She referenced a lot of concerns, and Mr. Maxwell asked that she hold her comments until the legislative portion of the agenda. 3 REGULAR COUNCIL MEETING – October 6, 2025 COUNCIL COMMITTEE REPORTS AND ANNOUNCEMENTS: Southwest Healthcare System Board of Directors – Chris McManis Mr. McManis stated that he attended the latest meeting, which included discussions about employment changes and the impact of AI on business operations. Court Committee – Chris McManis, Chair Mr. McManis announced that the Court Committee met with Judge Sean Kilbane and Clerk of Court Joe DeMio prior to tonight’s meeting, and discussed several things, including revenue collections through August of this year. Berea Shade Tree Commission – Erika Coble and Gene Zacharyasz Mrs. Coble discussed the latest Shade Tree Commission meeting, reminding everyone about the 200 trees set to be planted in the Nobottom and Barrett neighborhoods, and noted that a new recommended tree list will be published for people interested in choosing their own trees. She added that she attended the Rocky River tree summit, which emphasized improving native tree availability and adaptability to climate change. Woodvale Union Cemetery Board of Trustees – Jim Maxwell Mr. Maxwell reminded Council about the Joint meeting on Wednesday, October 22, 2025 at 7:00p.m., and stated that the Board is moving to monthly meetings as they manage the expansion project and new hires. LEGISLATION – THIRD READING: RESOLUTION NO. 6-5: A RESOLUTION AUTHORIZING THE MAYOR TO MAKE APPLICATION FOR AND, IF AWARDED, TO ENTER INTO A COOPERATION AGREEMENT WITH THE COUNTY EXECUTIVE OF CUYAHOGA COUNTY, OHIO, AND THE DEPARTMENT OF DEVELOPMENT FOR A GRANT THROUGH THE 2026 COMMUNITY DEVELOPMENT SUPPLEMENTAL GRANT (CDSG) PROGRAM AND TO ADVERTISE FOR BIDS AND ENTER INTO ONE OR MORE CONTRACTS FOR THE PURPOSES SPECIFIED IN THE CDSG AGREEMENT, AND DECLARING AN EMERGENCY. The Clerk read the title of the Resolution. Proposed Resolution No. 6-5 stands on third reading. ORDINANCE NO. 9-8: AN ORDINANCE REPEALING AND REPLACING CHAPTER 1331, RESIDENTIAL RENTAL PROPERTY PERMITS, OF THE CODIFIED ORDINANCES OF THE CITY OF BEREA TO INCLUDE REGISTRATION REQUIREMENTS AND PROCEDURES FOR BOTH LONG-TERM AND SHORT-TERM RESIDENTIAL RENTAL PROPERTIES. The Clerk read the title of the Ordinance. Mrs. Brown stated that she is sponsoring this legislation that is a product of a lot of back and forth between Council Members and residents, noting that the Ordinance is a good starting 4 REGULAR COUNCIL MEETING – October 6, 2025 point with regard to the regulation of short term rentals, and laws can be changed down the road, if deemed necessary. Mrs. Jones advised Council that Exhibit B includes a duplicate section at 1331.07b and 1331.07c, and asked that any adoption include striking 1331.07c from the exhibit. Moved by Mrs. Brown, seconded by Mrs. Weaver, that Ordinance No. 9-8 be adopted with the aforementioned striking of Section 1331.07c on Exhibit B. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Weaver and Zacharyasz. Nays: None. The motion carried. ORDINANCE NO. 9-9: AN ORDINANCE REPEALING AND REPLACING SECTION 311.06, REQUIREMENTS UPON SALE OF PROPERTY; DUTY OF SELLER AND ESCROW AGENT; BUYERS RIGHTS, OF CHAPTER 311, WATER SUPPLY, OF THE CODIFIED ORDINANCES OF THE CITY OF BEREA. The Clerk read the title of the Ordinance. Moved by Mr. McManis, seconded by Mrs. Brown, that Ordinance No. 9-9 be adopted. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Weaver and Zacharyasz. Nays: None. The motion carried. LEGISLATION – SECOND READING: ORDINANCE NO. 9-10: AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF BEREA BY REZONING VARIOUS PARCELS FROM UPTOWN (UT) DISTRICT TO MULTI- FAMILY RESIDENTIAL (MFR) DISTRICT. The Clerk read the title of the Ordinance. The developer, George Davis, stated that he is a home builder, and went on to explain that Ryan Homes is the third largest builder in the nation and they have a 96% satisfaction rate, adding that he works with the same contractors as the company. He noted that the buyers they are looking for will want to live in a vibrant neighborhood and will not be deterred by noise or bars in the business district. Chris Joseph, a construction manager with Ryan Homes, stated that he can address building practices and concerns, noting that the class action lawsuit is not local to this region. Ryan Homes, in this region, handles itself differently and constructs high quality houses to Code. They never require non-disclosure agreements, and always stand behind their product. Should issues arise, inside or outside of the warranty, they will correct them and do what is right, but will also stand behind their product in instances where they know they did the correct thing. Mr. Joseph stated that he has been with the company for 15 years, and he would have never stayed so long if they were not up to his moral standard. In response to a question from Mr. Madzy, Mr. Joseph explained that each townhouse will have a 2 car garage and a 2 car driveway, and visitor parking areas will also be available. In response to a question from Mrs. Brown, Mr. Armagno explained the inspection schedule, noting that inspections are conducted throughout the build, both through the Engineering and Building Departments, and include things like sewers, development, 5 REGULAR COUNCIL MEETING – October 6, 2025 underground utilities, roads, and then the entire build from foundation to roof and everything in between. Mr. Joseph added that Ryan Homes also brings in a third party quality inspector and cameras sanitary lines. Mrs. Brown inquired about the HOA, and Mr. Davis responded that the 2 sites will have 1 HOA that is in control of roads, landscaping, mulch, and snow removal, with an addition fund for sewer and waterline maintenance and road repaving. Mrs. Brown asked if the townhouses can be built to a person’s liking, and Mr. Joseph said that some things can be selected by the customer. Mr. McManis confirmed that the buildings will include a combination of brick or stone and vinyl siding, and asked about the life expectancy of a Ryan Homes build. Mr. Joseph informed him that warranties kick in if things are not installed correctly, and these warranties extend to 30 years. He added that all houses meet or exceed Code and wind load, and Ryan Homes’ product is better than it has ever been before because the company has listened to its customers and focus groups. In response to a question from Mr. McManis, Mr. Davis stated that all roads will be constructed first, and undergrounds will begin in late Winter and Spring. The 55 units will be sold initially, with the units on the smaller site to follow. Dennis Kushlak, a resident on North Rocky River Drive, expressed a concern with no egress out on to Emerson. He stated that there is already a lot of traffic on North Rocky River and Front, and presented an outline of what a right-turn only exit could look like on to Emerson. Mr. Davis explained that while a traffic study was not necessary for this project, due diligence was done and the daily trip generations on Front Street were determined to be 324 to 426, with approximately 155 on North Rocky River Drive. Traffic will be flowing both north and south, and the proposed layout attempts to push traffic to Rt. 237. He added that Emerson is problematic because of the steep incline, site issues and abundance of trucks. Mr. Madzy referenced Mr. Kushlak’s concerns about curb cuts on North Rocky River, explaining that there were 5 taken out, thus there will be a net decrease overall. With the reduced number of townhouses, the expressed concerns of Avient and the minor traffic impact, an exit to Emerson is just not necessary. Ms. Bratsch presented her concerns with the project which include the protection of her live music, the repair of Thacker Street, the Ryan Home product being constructed so close to the thunderous railroad tracks and the airport, the potential of these townhouses becoming short term or long term rentals, and the problems that will occur if the houses do not sell. She noted that she welcomes the new business and foot traffic, but wants to make sure her business is protected. Mr. Davis responded that, with regard to the rental question, he will work with the Law Department on the HOA documents, and in response to the question of whether or not the units will sell, stated that Ryan Homes is very sophisticated and knows what will sell and where. He is confident in this project and its success, or he would not have risked so much. Hypothetically speaking, however, if the townhouses do not sell, the bank would take control of them and continue to sell them to Ryan Homes at a slower pace. 6 REGULAR COUNCIL MEETING – October 6, 2025 Mr. Joseph stated that he will look in to the idea of a disclosure agreement that will make potential buyers aware of the surrounding noise and live music because Ryan Homes wants their buyers to be aware of what and where they are purchasing. Ms. Bratsch asked about the sewers and where water would run, to which Mr. Armagno replied that District 46 will have no impact on this project which will flow in to the regional sewer. The sewers have the capacity to handle the new developments. Mr. Madzy informed Ms. Bratsch that someone will reach out to her to talk about the noise issue and the protection of her live music. Mr. McManis asked about pre-sales and phasing, and Mr. Joseph explained that construction will begin when 75% of the units are sold. Mrs. Coble inquired about the interconnectivity of sidewalks, and Mr. Davis replied that he will do all sidewalks along the frontages of the properties and is happy to consent to any TIFs for area improvements like Thacker Street. Mrs. Coble asked if the Shade Tree Commission could recommend some native trees, and Mr. Davis stated that they would like to be given a preferred list. Mrs. Coble then wondered if the HOA could demand that the units not be rentals. Mr. Davis said that they have to follow all fair housing laws, but committed to working with Ryan Homes and the Law Department to draft something that is fair and legal. Ms. Bratsch asked what construction traffic and staging will look like since the build out will take 2 years, to which Mr. Joseph responded that all building materials will be on site, as will all parking. Mr. Armagno confirmed City construction hours of 8:00a.m. to 9:00p.m. Monday through Saturday. Proposed Ordinance No. 9-10 stands on second reading. ORDINANCE NO. 9-11: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH GD3 VENTURES I LLC, TO PROVIDE FOR THE DEVELOPMENT AND SALE OF REAL PROPERTIES OWNED BY THE CITY OF BEREA, WHICH ARE NO LONGER NEEDED FOR ANY MUNICIPAL PURPOSES, AND TO EXECUTE ANY AND ALL DOCUMENTS RELATED THERETO, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Proposed Ordinance No. 9-11 stands on second reading. LEGISLATION – FIRST READING: ORDINANCE NO. 10-1: AN ORDINANCE APPROVING, RATIFYING AND AFFIRMING THE 2025 ANNUAL FINDINGS, MINUTES AND ACTIONS OF THE TAX INCENTIVE REVIEW COMMITTEE FOR COMMERCIAL COMMUNITY REINVESTMENT AREA REAL ESTATE TAX ABATEMENTS ENTERED INTO UNDER POST-1994 RULES IN THE CITY OF BEREA. 7 REGULAR COUNCIL MEETING – October 6, 2025 The Clerk read the title of the Ordinance. Mr. McManis recused himself from the discussion. Mr. Madzy explained that this is the annual update, noting that an amendment to one property owner was recommended, and thus legislation will be before Council before the end of the year. Proposed Ordinance No. 10-1 stands on first reading. ORDINANCE NO. 10-2: AN ORDINANCE APPROVING, RATIFYING AND AFFIRMING THE 2024 ANNUAL REPORT, MINUTES AND ACTIONS OF THE CITY OF BEREA HOUSING REVIEW COUNCIL FOR ALL RESIDENTIAL COMMUNITY REINVESTMENT AREA REAL ESTATE TAX ABATEMENTS AND COMMERCIAL COMMUNITY REINVESTMENT AREA REAL ESTATE TAX ABATEMENTS ENTERED INTO UNDER THE PRE-1994 COMMUNITY REINVESTMENTAREA REGULATIONS IN THE CITY OF BEREA. The Clerk read the title of the Ordinance. Mrs. Brown and Mr. McManis recused themselves from the discussion. Mr. Madzy stated that all owners were up to date on their taxes, no violations were reported and thus it was a short meeting. Proposed Ordinance No. 10-2 stands on first reading. ORDINANCE NO. 10-3: AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BEREA TO ENTER INTO A CONTRACT WITH THE GENERAL HEALTH DISTRICT OF CUYAHOGA COUNTY, OHIO, PROVIDING FOR HEALTH SERVICES FOR THE CITY OF BEREA FOR YEARS 2026 AND 2027. The Clerk read the title of the Ordinance. Mr. Maxwell stated that this is a housekeeping piece that allows the City and its residents to conduct business with the County Board of Health. Proposed Ordinance No. 10-3 stands on first reading. ORDINANCE NO. 10-4: AN ORDINANCE VACATING PORTIONS OF THE PUBLIC RIGHT OF WAY ON FRONT STREET AND LOU GROZA BOULEVARD, NO LONGER NEEDED FOR MUNICIPAL PURPOSES. The Clerk read the title of the Ordinance. Mr. Armagno explained that while attempting to record plats and deeds with regard to District 46, the developer discovered that the right of way change on the Serpentini property was not correctly reflected on any recent map. A title search was conducted, and this change was made when the City purchased Serpentini 20 years ago, but never recorded. In order for construction to occur, this vacation needs to happen. Once the vacation is finalized, the property will be transferred to the developer, and anything previously approved will reflect this change. Moved by Mrs. Brown, seconded by Mr. McManis, that Ordinance No. 10-4 be referred to 8 REGULAR COUNCIL MEETING – October 6, 2025 the Municipal Planning Commission for review and recommendation. Vote on the motion was all ayes and no nays. The motion carried. Proposed Ordinance No. 10-4 stands on first reading. REPORT AND COMMENTS BY THE PRESIDENT OF COUNCIL Mr. Maxwell stated that he attended an event with the Turnpike to celebrate their 70th Anniversary, and it was quite an amazing turnout, with a lot of history provided. He noted that Berea is the home of the Turnpike, and the Berea Midpark marching band provided a super performance. REPORTS AND COMMENTS BY THE MEMBERS OF COUNCIL Mrs. Weaver announced that the Short Term Rental group will have a meeting on October 14, 2025 at 7:00p.m. Mr. Zacharyasz had no report. Mrs. Brown stated that she also attended the Turnpike event which was incredible, reminded everyone that the Harvest Festival is this weekend, and stated that the next Sidewalk meeting will be later in October once all data has been collected. Mrs. Coble announced that, in collaboration with neighbors and the Fair Board, the Fairgrounds will be closing Waverly Street to thru traffic. She then noted that she has been working with high school and university students, as well as the Soil and Water Conservation District, to locate invasive species at Coe Lake Park, and particularly learn how to identify honeysuckle. Mr. Dozier had no report. Mr. McManis announced that October is Breast Cancer Awareness Month, and reminded everyone to follow screening guidelines with regard to all things because early detection is so very important. Mr. Skoczen was not present. CORRESPONDENCE The September 11, 2025 – October 1, 2025 Correspondence is available in the Clerk’s office. OTHER BUSINESS: Mrs. Esson reminded Council that there will be a public hearing at 7:25p.m. before the next Regular Council meeting on October 20, 2025 regarding Ordinance No. 9-10. Moved by Mrs. Brown, seconded by Mr. McManis, that the October 13, 2025 Work Session be cancelled. Vote on the motion was all ayes and no nays. The motion carried. 9 REGULAR COUNCIL MEETING – October 6, 2025 There being no further business before Council, it was moved by Mrs. Brown, and seconded by Mr. McManis, 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 9:27p.m. ______________________________________ Jim Maxwell President of Council ______________________________________ Alycia Esson Clerk of Council CERTIFICATE OF COMPLIANCE The regular meeting of Council of the City of Berea, Ohio, held on the 6th day of October, 2025, was conducted in compliance with Codified Ordinances Section 109 and Ohio Revised Code Section 121.22. ___________________________________ Alycia Esson Clerk of Council