City Council Regular Meeting

COUNCIL MEETING Council Chambers 7:00 p.m. January 23, 2025 1. Call to Order: Pres. of Council: It is Thursday, January 23, 2025, and this is our regularly scheduled 7:00 p.m. Council meeting. We also have an Executive Session this evening regarding Collective Bargaining and Pending/Imminent Litigation prior to the adjournment of our regularly scheduled City Council meeting this evening. 2. Opening Prayer: Rev. Phil Anderson, Bethel Church, Tallmadge. Pledge of Allegiance: Lead by Sara Brett, Troop Leader, the Tallmadge 2nd Grade Brownie’s will give the pledge. 3. Roll Call: Mr. Bollas, Mrs. Cipa, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino – present. 4. Correcting and Adopting Previous Meeting Minutes: 1-9-25 Organizational Meeting Minutes 1-9-25 Council Meeting Minutes Mr. Pavlik: I move to adopt the 1-9-25 Organizational Meeting Minutes. Seconded Mrs. Cipa. Roll Call: Mrs. Cipa, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Mrs. Bollas – unanimous. The 1-9-25 Organizational Meeting Minutes are adopted by a vote of 7-0. Mr. Pavlik: I move to adopt the 1-9-25 Council Meeting Minutes. Seconded Mr. Roy. Roll Call: Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas, Mrs. Cipa – unanimous. The 1-9-25 Council Meeting Minutes are adopted by a vote of 7-0. 5. Financial Reports: None. 6. Public Hearings: Pres. of Council: This is our public hearings. Anyone wishing to speak at our public hearing this evening please ensure that you signed in with your name on the sign-in sheet. Did anyone not have a chance to sign in that wishes to speak? You may come up and sign in. We have two residents that contacted the Council office as well who wish to speak this evening. So, this evening, this is a reminder that we have 7 public hearings all of which are in the Planning & Zoning Committee. With that said, I will call on Councilwoman Gutman the Chair of Planning & Zoning to open her public hearings this evening. Mrs. Gutman: Thank you Mr. Bollas. I will call Planning & Zoning to order and just to let everyone know how we are planning on handling this since there are so many hearings, I think it makes the most sense that we will have our public hearings and allow those who wish to speak the chance to do so and then once we have had the public hearings, we will as Council discuss it as a whole at that time. So, then we will vote at that point. I think since they are all related it makes the most sense to have the discussion together and we might have to play that by ear a little bit but we will make it work. So, bear with us. As Mr. Bollas said, if you would like to speak you have 2 minutes and if you could . . . if there is a certain topic of a certain ordinance you would like to speak on, it is OK to just speak on that ordinance. You don’t have to come up for each ordinance and feel like you need to speak each time once you have said what you like to say. But you are of course free to do so. Ord. 2024-78~Ex. A At 3rd Reading. PLANNING & ZONING Amending and supplementing Section 1102 P&Z Rec. Approval 5-0 “Administration and Procedures” of the P.H. on 1-23-25 @ 7:01 p.m. Tallmadge Codified Ordinances by adding Section 1102.09.1 “Certificate of Appropriate- ness. Sponsor: Mayor Carol A. Kilway Mrs. Gutman: We have before us Ord. 2024-78~Ex. A at 3rd Reading. The ordinance was read into the record. I will call the public hearing to order at 7:07 p.m. Is there anyone who would like to speak in favor of Ord. 2024-78 please come to the podium and state your name and address for the record. Dir. of Law: If I can clarify, this particular item is the text amendment that relates to the Certificate of Appropriateness. 1  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Julia Lewis, 63 Nottingham Street, Tallmadge. The first thing I would like to do is thank three more Council members who came to my home and actually looked at the site. Ms. Cipa, Mr. Rubino and Mr. Bollas, so thank you for doing that. It means a lot to really get that information. I am going to go back in time a little bit. This entire journey started with a letter dated July 17, 2024 notifying property owners within 500’ that this process that we have been going through the last 6 weeks here was going to start and it was going to affect those people and it has come to an end tonight when I received this letter and people again within 500’ got the letter saying that hey we are having this public hearing. OK, so this first one is concerning West Avenue so let’s talk about West Avenue. Let’s talk about vacant properties on West Avenue. Do you know how many there are? There are a lot. Let’s start at Midway and come down the hill and go across the flat and go up past Giant Eagle there is a lot. Right from our back yards we can see that dilapidated disgusting plaza and that is where the crime, sex trafficking, human trafficking has taken place. Kenda just moved out. They had a 10-year tax break and the ten years is up and Mr. Kenda said, Goodbye. Now you have Petitti’s sitting there. They just did a million dollar renovation. They have committed to Tallmadge. But if this doesn’t pass, if you say no and keep this the same what is Mr. Petitti going to think. He can go to Copley or Stow right now and get a better site and more money. Please, please, please, please vote yes on these West Avenue proposals. Thank you very much. Mrs. Gutman: Thank you. I appreciate that. Helene Hussing, Planning & Zoning Manager, 46 North Avenue. So, I stand before you today to ask you to adopt this ordinance. The ordinance to accept the text amendment 1102.09.1 Certificate of Appropriateness. This is recommended by our Planning & Zoning Commission who vetted this using review standards as listed in the Zoning Code. The adoption of this ordinance will clearly define the Administrative procedures for obtaining a Certificate of Appropriateness. Currently Section 1102 of our Zoning Code which outlines Administrative and Procedural Guidelines for various applications lacks specific provisions for this Certificate of Appropriateness. This proposed ordinance introduces the section which summarizes the existing regulation already found in Section 1109 of the Zoning Code which pertains to historic regulations. Furthermore, this proposed section has been amended to incorporate the requirements for review by the Architectural Review Board for any development application within any designated overlay district. This includes the Map Design Control District that is existing and the proposed West Avenue and Neighborhood Center Overlay Districts as established in the relevant ordinances before you today. The Planning & Zoning Commission has carefully reviewed and unanimously recommends the adoption of these proposed texts. By adopting this ordinance you will ensure that the reviewing bodies and the applicants have a clear and consistent process for obtaining Certificates of Appropriateness thereby enhancing the efficiency and transparency of our development and review procedures. I thank you in advance for your consideration. Mrs. Gutman: Thank you. Is there anyone who would like to speak against Ord. 2024-78? Please approach the podium. OK. Then for the second time, is there anyone who would like to speak in favor of Ord. 2024-78? No one responded. Is there anyone who would like to speak against Ord. 2024-78? For the third and final time, is there anyone who would like to speak for or against Ord. 2024-78 please come to the podium. Seeing no further comments, it is now 7:12 p.m. and I call the public hearing closed for Ord. 2024-78. Ord. 2024-79~Ex. A-Tracked Ex. A At 3rd Reading. PLANNING & ZONING Amending and supplementing Section 1103.14 P&Z Rec. Approval 5-0 “Neighborhood Center Overlay District” of the P.H. on 1-23-25 @ 7:02 p.m. Tallmadge Codified Ordinances. Sponsor: Mayor Carol A. Kilway Mrs. Gutman: Next we have before us Ord. 2024-79~Ex. A Tracked Ex. A at 3rd Reading. The ordinance was read into record. It is now 7:12 p.m. and I will open the public hearing for Ord. 2024-79. This is specific about the Neighborhood Center Overlay District. Is there anyone who would like to speak in favor or Ord. 2024-79? Please come to the podium. Julia Lewis, 63 Nottingham Street, Tallmadge. I brought some visual aids today. When I moved into 2  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Mrs. Lewis (Cont’d.) my house 23 years ago I found these in a cupboard up by the attic. These are the original engineer’s plans for an allotment called Goodyear Gardens. Where Nottingham and Garden Street are now, was gardens that the Goodyear Company had and this plots out our now residences dated in 1926. This one is a little more detailed and it has Nottingham Garden and Maryann on it. We have a long history and we have a big heritage in Tallmadge. We have a Heritage Committee that watches over our town. We talk a lot about negative stuff that can happen in that field; let’s think about positive things tonight. If we get a mixed zoning back there I am in favor and I really urge you to vote yes for these neighborhood overlays. A mixed zoning will bring so much life to that community. Right now we are basically doomed with what is there. We, being the residents, if that is what stays there and this is a no vote and nothing changes, our property values and everything goes down. So, let’s talk about positive things. Let’s talk about heritage. We have the Circle and we have Six Corners, Barney’s busy corners, you know that is built like a square and that can be Tallmadge Garden Square or Garden Square. We have name of families that go through Tallmadge along the way; Bierce, Bumpas, Carter; you can have restaurants and entertainment areas, parks, gazebos, walking trails. It is going to bring life, vitality and keep the heritage of Tallmadge moving together with us. Thank you. Mrs. Gutman: Thank you. Helene Hussing: I feel like we are the duo. So, I am asking and advocating for the adoption of the proposed Zoning Code language for the Neighborhood Center Overlay District per the commission’s recommendation who thoroughly vetted this text amendment and again used the review standards listed in the Zoning Code to guide their decision. Currently our Zoning Code specifically Section 1103 outlines 5 overlay districts while 4 of these districts have limited regulations the Design Control Overlay District boasts a comprehensive set of standards. This ordinance in conjunction with Ord. 2024-82 aims to establish robust regulations for both the Neighborhood Center and West Avenue Overlays. This particular ordinance focuses on clearly defining the development standards for the Neighborhood Center Overlay District. The core objection of this overlay district is to facilitate the harmonious integration of a diverse range of land uses within close proximity of our City’s established residential areas exceeding the development possibilities permitted under the existing zoning standards. The Planning Commission carefully reviewed and unanimously recommends the adoption of this proposed text and I am asking you to do the same. You will provide a solid foundation for future development in any areas to be designated as a Neighborhood Center Overlay District within the City of Tallmadge. Thank you. Mrs. Gutman: Thank you. OK. Is there anyone who would like to speak against Ord. 2024-79. Please come to the podium. David Jones, 206 W. Overdale Drive, Tallmadge. I believe this applies to 2024-79. I will just come up here once. My understanding of the text of the Neighborhood Center Overlay is the addition of multi-family housing for that specific part of the neighborhood. I do not feel like that is a good use. I feel like the other uses as far as the building typologies are appropriate but I do not feel building multi-family use there is needed. There are some right there that is not full and I don’t think it is appropriate for this. My understanding is that Council has the ability with a super majority to eliminate that one line item. If that is not true, then I would encourage a vote against the overlay in totality based on that item. That’s what I have to say. Thank you. Mrs. Gutman: Thank you very much. OK. Then for the second time is there anyone who would like to speak in favor of Ord. 2024-79? Is there anyone who would like to speak against Ord. 2024-79? Third and final time is there anybody who would like to speak for or against Ord. 2024-79? Please come to the podium. Seeing no further comments, it is now 7:19 p.m. and I call the public hearing closed for Ord. 2024- 79. 3  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Ord. 2024-80~Ex. A At 3rd Reading PLANNINIG & ZONING Amending the Zoning Map, approving the P&Z Rec. Approval 5-0 General Development Plan with associated P.H. ON 1-23-25 @ 7:03 p.m. text and adding Appendix B.2 Neighborhood Center Overlay District – portion of Northwest Avenue of the Tallmadge Codified Ordinances. Sponsor: Mayor Carol A. Kilway Mrs. Gutman: We have before us next Ord. 2024-80~Ex. A at 3rd Reading. The ordinance was read into record. It is now 7:20 p.m. and I will call the public hearing open. Is there anyone who would like to speak in favor of Ord. Ord. 2024-80 please come to the podium and state your name and address for the record. Gary Stennett, 3038 North Oakhill Road, Silver Lake. I was a resident in Tallmadge for 25 years and I have a business in Tallmadge, ARS Video. I am the owner. My parents owned it before me. We have been in Tallmadge for 37 years. I own 4 properties, land and 3 multi-use properties,both on West Avenue and Northwest Avenue, so these all affect us. We had wanted to put money into the 89 West Avenue property but it was really difficult and the City ordinances were not helpful. So, we decided not to do anything for 25 years. I bought a building on Northwest Avenue because I needed more space and I couldn’t do it on West Avenue and I also bought some land that I want to develop on Northwest Avenue. I am having trouble . . . it is so narrow with what I can build. They want more office space and we don’t need any more office space. There is way too much office space right now. So, we need more options. Developers aren’t interested and we are not . . . I would like to see some residential, some nice residential and it is going to be next to a building I own and so I want to keep my value high. I want to improve my properties. I just want it to be more wide open. Get some options please. Mrs. Gutman: Thank you. Julia Lewis, 63 Nottingham Street, Tallmadge. So, this ordinance would give some meat to the neighborhood overlays. If you vote yes for the previous one that just is kind of information being in the cloud. It is kind of there but you are not really using it. It has not been applied. This will actually apply to it. It is like building the chassis of a car without a motor. This gives you the motor. This gets this thing moving. It seems to me that it is kind of . . . I have been hearing from you that it is kind of like some of you are saying this ordinance and the next one is kind of like the chicken and the egg. Which comes first? Some of you want to see a plan before you put the zoning in place. You would tend to vote no. Some people want to put the zoning in place so the developers can come with a plan. You know, developers . . . if the zoning isn’t there, they are not going to want to spend thousands of dollars making aplan for something that has to come back and get approved and if it approved now you have got to put the zoning in anyway and make it work. Vote yes now. Put it in place now. The business owners are begging for this. The residents are begging for this. We need help now over there. We need this to go through. If it doesn’t, if this doesn’t go through and the next one don’t go through youmay as well just vote no anyway and developers who hear that you voted no, you know they are saying that well - do they want it; do they don’t want it. Do I really bother to make a plan. Please put this in use. Thank you. Mrs. Gutman: Thank you. Helene Hussing, 46 North Avenue, Tallmadge. Proactive mapping is key. This ordinance is about mapping the Northwest or the Neighborhood Center Overlay on Northwest Avenue. It establishes a clear framework lining future development with our vision for a vibrant community that streamlines review, promotes consistency and ensures the Neighborhood Center Overlay’s success. In the conversations that I have had with some of you and thank you for reaching out, I understand that there may be a desire to avoid proactive mapping but this could have significant drawbacks. It is also important to remember that the intent of an overlay district is to apply to an area not just a single parcel. I strongly advise against an approach that would require individual property owners to initiate rezoning requests for this overlay district. Such an approach carries significant legal risks, practical risks and could create significant challenges such as spot zoning leading to development inconsistent with the community’s best interest, inconsistent development hindering the creation of cohesive and attractive districts. One property has one design criteria and your neighbor has a different one. Increased application burden, delaying the development 4  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Mrs. Hussing (Cont’d.) process, businesses having to bear some unnecessary application requirements including additional costs and time because you weren’t proactive in your decision. Competitive disadvantage, potentially deterring investment, businesses selecting another City to invest in and hinder economic growth. By adopting this amendment, you demonstrate your commitment to responsible and predictable development. You create a clear path forward for property owners and developers while ensuring that the Neighborhood Center Overlay contributes to a vibrant and sustainable community. I urge you to support this ordinance and embrace this proactive approach to development. Thank you. Mrs. Gutman: Is there anyone who would like to speak against Ord. 2024-80 please come to the podium at this time. Just state your name and address for the record. Kathy Victor, 809 Locust Drive, Tallmadge. I am not really sure if I am for or against it, but I guess my thing is that I love what you said about the Garden area of the neighborhood but it seems like I hate to give them the red light, or I mean the green light and then I think what you are talking about was residential like homeowners when you were naming all of the people in Tallmadge and I guess I’m afraid of rentals and it doesn’t have the same feel you know ownership of somebody that is a family like most of the people here own their homes and that is kind of what or why we are here to make sure your values stay and so I guess that is the hard part of you know do you just say yes, that is OK to you know do all of the Planning and Zoning and get that ready for a developer to come in but then where are the checks and balances to make sure . . . are you guys going to get to vote on it again; you are not probably. Iit will just be with Planning & Zoning and then we have had a lot of oops in Tallmadge. You know just in the past just different things that have gone on in zoning and what things actually got built. And then it was like, that is really not what we thought was going to happen. So that is one big thing. And it is kind of confusing to me and I just want to make sure that you know with neighborhood, I don’t have a problem with it being residential and commercial. And for sure commercial needs to get fixed on West Avenue because that doesn’t look good at all right now. So there are a lot of things. Thank you. Mrs. Gutman: Thank you. For the second time, is there anyone who would like to speak in favor of Ord. 2024-80 please come to the podium. Is there anyone who would like to speak against Ord. 2024-80? For the third and final time, is there anyone who would like to speak in favor of or against Ord. 2024-80 come to the podium at this time. Seeing no further comments, it is now 7:29 p.m. and I will call the public hearing for Ord. 2024-80 closed. Ord. 2024-81~Ex. A At 3rd Reading PLANNING & ZONING Amending the Zoning Map, approving the P&Z Rec. Approval 5-0 General Development Plan with associated text P.H. ON 1-23-25 @ 7:04 p.m. and adding Appendix B3 Neighborhood Center Overlay District - portions of West Avenue, Wright Road, and Southwest Avenue of the Tallmadge Codified Ordinances. Sponsor: Mayor Carol A. Kilway Mrs. Gutman: Next we have Ord. 2024-81~Ex. A at 3rd Reading. The ordinance was read into the record. It is now 7:29 p.m. and I will open the public hearing for Ord. 2024-81. Is there anyone who wishes to speak for Ord. 2024-81. Please come to the podium and state your name and address if you have not done so yet. Julia Lewis, 63 Nottingham Street, Tallmadge. I am taking a little different view on this. You know you drop a stone in the pond and you get the kerplunk. We live in the kerplunk area. That is where I live. The people that received that letter live in the kerplunk area. This is our lives that are affected by this directly. Now little ripples do kind of go out from this. So let’s think about one of those ripples. The Council members that came to my home, except for I think, Ms. Cipa, the deer weren’t out, I don’t think, when you were there. I don’t think you saw any but all of you commented on the number of deer. OK. Let’s say the vote is no and that remains C-3 and what you get with that is they are going to flatten that field, concrete it over, pave it over and take all the habitat from that deer away. Now, where are they going to go? They are not going south, they aren’t crossing West Avenue, they aren’t going west; they aren’t going across Brittain Road. 5  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Mrs. Lewis (Cont’d.) Mr. Roy, they are going north in Ward 1 and I hate to tell you, Mr. Pavlik, they are coming your way in Ward 2. That whole herd of deer and they are going to think they went to heaven. You have corn fields and you have all kinds of stuff. But that isn’t going to be your only problem because there are coyotes in that field and they are keeping the population of that deer down. The coyotes, they aren’t eating sticks, and twigs and plants and flowers. They are going to see those deer going away and they are saying there goes breakfast, lunch and dinner. I’m following them. So now all the deer I’m sure have gotten the deer calls, right? Do something about the deer. OK? You are going to get more and they are going to sift into Ward 3 you know. Don’t worry, they are coming your way too. They are going to go that way and when they get there you are going to get phone calls because the coyotes are following them. And they are going to say hey I was walking little Mitsie and these three grey. . . I thought they were dogs but I ran and ran and it’s OK. Mrs. Gutman: Thank you. Mrs. Lewis: You’re welcome. Mrs. Gutman: I appreciate your passion. Mrs. Hussing: Alright, so similar to my earlier comments this proactive mapping is essential for fostering balanced and sustainable development within these corridors. As you know the majority of the property owners and businesses directly impacted by this rezoning have expressed their strong support for this vital development tool. The Neighborhood Center Overlay will allow that harmonious blend of residential and commercial uses particularly along West Avenue where deep lotsoften abut residential areas. Careful analysis has revealed that this mapped area particularly along West Avenue exhibits unique characteristics that necessitate a zoning approach that supports this harmonious blend of residential and commercial uses and presents the compelling case for a transition overlay district like the Neighborhood Center Overlay. This unique configuration presents challenges for traditional zoning classification. Yes, the residents know that they are next to commercial but this offers an opportunity for a transition area to be mapped. In response to the Comprehensive Plan, this transition style overlay as introduced, provides an opportunity for property owners to develop, enhance and reuse their property in such a manner allowing for compatible commercial development while mitigating potential impacts on the adjacent residential areas. As I stated earlier voting against this ordinance could have unintended consequences limiting residential options within these corridors could hinder economic growth and reduce the City’s attractiveness to businesses and workers. I ask you again to be proactive and embrace this opportunity to create thriving mixed use corridors that benefit both residents and businesses alike. Thank you. Mrs. Gutman: For the second time, is there anyone who would like to speak in favor of Ord. 2024-81 please come to the podium. Is there anyone who would like to speak against Ord. 2024-81 please come to the podium. Third and final time, is there anyone who would like to speak for or against Ord. 2024-81 approach the podium. Cathy Victor, 809 Locust Street, Tallmadge. So, I guess the other thing that I wanted to point out is some single family homes and I think we are all in agreement, well I shouldn’t say everybody, but we probably, most of us, are in agreement that single family homes that are there now extending the streets but I know they don’t want to go through but I don’t understand why we can’t just keep making those single family homes without putting apartment buildings or town homes. And the new ones that get built that are closer to commercial those people are going to know what they are buying because they are not built yet. It is not going to just happen like it is now for people who already have their homes built and now this is coming. It is going to be the opposite. This is already a known plan and this is coming but we are choosing to buy this home that is next to commercial or you know . . . hopefully there will be a buffer still. So I guess that is my big thing is even condos owner occupied; condos, single family homes; that to me would make sense for you know for the neighborhoods and still for the businesses. I mean you can still have both. You can put landscaping between like you said for a buffer and still have trails and still make it residential. Mrs. Gutman: Thank you. Dir. of Law: Ms. Victor, if you could before you sit down, if you could please just sign in back there. The reason that we do the sign-in is just so that the Clerk is able to translate the name on the minutes. 6  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Mrs. Gutman: OK. Seeing no further comments, it is now 7:37 p.m. and I will close the public hearing for Ord. 2024-81. Ord. 2024-82~Ex. A-Tracked Ex. A At 3rd Reading PLANNING & ZONING Amending and supplementing Section 1103.16 P&Z Rec. Approval 5-0 “West Avenue Overlay” of the Tallmadge Codified P.H. ON 1-23-25 @ 7:05 p.m. Ordinances. Sponsor: Mayor Carol A. Kilway Mrs. Gurman: Next we have Ord. 2024-82~Ex. A – Tracked Ex. A at 3rd Reading. The ordinance was read into the record. It is now 7:37 p.m. and I would like to open the public hearing for Ord. 2024-82. Is there anyone who would like to speak in favor of Ord. 2024-82 please come to the podium at this time. Julia Lewis, 63 Nottingham Street, Tallmadge. OK, so we are back to West Avenue ordinances. So, let’s talk about commercial and residential versus commercial and this kind of a thing and I know some of your concerns are the revenue issues. You are saying commercial will bring in more revenue than residential. Well, let’s look at Kenda down there. Kenda had a 10-year deal with the City at a tax reduced rate so you are already getting less than you could have gotten. Secondly after the ten years, Mr. Kenda didn’t say wow, I get to pay full taxes now. Mr. Kenda said goodbye and left. You have these vacant properties that are doing you no good. We need to pass these ordinances to open that up and to get more opportunity. Right now some people worry about crime in the future; we have crime now. My neighbor calls me up and says Julia, look out the kitchen window; we have people coming up in these cars out of the plaza. It was sex trafficking; it’s human trafficking. If you are worried about crime in the future; you have crime now. If you are worried about something causing shootings in the future; we had a shooting. Now, you know what people were worried about- they closed Nottingham Street! They weren’t worried somebody was shot; they said “oh my God, Nottingham Street is closed and I am going to have to sit on West Avenue for 5 more minutes and go through the Circle.” Please, please, please pass these ordinances and make a positive stance here. Help all of us out over there. Thank you. Mrs. Gutman: Thank you. Mrs. Hussing: So, the West Avenue Corridor; that is the text now that is before you. It represents a significant commercial artery within our City connecting Akron to the City of Tallmadge or to Tallmadge Circle. This Overlay District is crucial for guiding future development along this corridor ensuring it contributes to a vibrant and cohesive urban environment. The primary objective of the West Avenue Overlay is to foster a dynamic mix of commercial activities that enhance the overall appeal and economic vitality of this important thoroughfare and creating pedestrian oriented districts promoting cohesive design aesthetics, repurposing existing vacant buildings, facilitating seamless connectivity and supporting economic development. The amended Zoning Code text provides clear and concise guidelines for development within this overlay ensuring that future projects align with the vision of a vibrant pedestrian friendly and economically thriving corridor. I urge you to support the adoption of this ordinance by approving this amendment, you will take a significant step towards realizing the long awaited, very long awaited full potential of the West Avenue Corridor. Thank you. Mrs. Gutman: Thank you. Is there anyone who would like to speak against Ord. 2024-82 please come to the podium. Second time, is there anyone who would like to speak in favor of Ord. 2024-82 come to the podium. Is there anyone who would like to speak against Ord. 2024-82? Third and final time, is there anyone who would like to speak for or against Ord. 2024-82? David Jones, 206 W. Overdale, Tallmadge. I am not sure this is against; it is just more of a point of clarification because when I read the West Overlay of your text I don’t see single family, town home or multi-family as part of that. Is anyone able to determine if that is true because that is what I have? Dir. of Law: For the West Avenue Corridor that is correct. That is why there are both overlays so it is the Neighborhood Center Overlay that has to go over top of that in order for that residential use to happen. So, residential use is in the Neighborhood Center Overlay. 7  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Mr. Jones: Got you. Mr. Pavlik: So that applies to just businesses. This is the text for the businesses. Mr. Jones: So, the residential part was in the previous one? OK. Very good. That is what I wanted to know so I appreciate that. Thank you very much. Mrs. Gutman: Thank you. Then for the third and final time is there anyone who would like to speak for or against Ord. 2024-82. Please come up to the podium. Seeing no further comments, it is now 7:42 p.m. and I call the public hearing closed for Ord. 2024-82. Ord. 2024-83~Ex. A At 3rd Reading PLANNING & ZONING Amending the Zoning Map, approving the P&Z Rec. Approval 5-0 General Development Plan with associated text P.H. ON 1-23-25 @ 7:06 p.m. and adding Appendix B.4 West Avenue Overlay District – portion West Avenue of the Tallmadge Codified Ordinances. Sponsor: Mayor Carol A. Kilway Mrs. Gutman: The next ordinance before us is Ord. 2024-83~Ex. A. The ordinance was read into the record. It is now 7:43 p.m. and I will call the public hearing for Ord. 2024-83 to order. Is there anyone who would like to speak in favor of Ord. 2024-83 please approach the podium. Mrs. Hussing: Thank you. Again I am asking for the adoption of this crucial ordinance which is the mapping of the parcels directly affected by West Avenue within this Overlay District. This is a proactive map. The mapping is a critical next step in our efforts to revitalize this vital corridor. The West Avenue Overlay with its focus on pedestrian friendly development, cohesive design aesthetic and economic growth provides a clear framework for the future of West Avenue. The mapping is not merely a technical exercise it is a long awaited investment in the future of West Avenue and I urge you to support this ordinance and take a decisive step towards realizing the full potential of this district. Thank you. Julia Lewis, 63 Nottingham Street, Tallmadge. I am going to quote a section of the City of Tallmadge City Council website to all of you which I am sure you know by heart but I am going to do it anyway. I quote, “Responsibilities of the Council – As a legislative authority for the City, Council is responsible for authorizing appropriations for the annual budget, the construction of public improvements, and other legislation that promotes the health, safety and welfare of the citizens of Tallmadge.” I want you to keep that foremost in your mind as you are considering all of these ordinances. West Avenue, the four West Avenue and the three neighborhood overlays and all 7 together that make up this Overlay District because without one the other 6 don’t make sense. All 7 I think are a package deal that are going for the improvements, public improvements, tell me this isn’t going to help West Avenue, hello and it will promote the health, safety and welfare. Welfare is money; property values. Please keep that in mind as you are considering all of these ordinances. Thank you very much. Mrs. Gutman: Thank you. Gary Stennett, 3038 N. Oakhill Road, Silver Lake. I guess I think I am in a bit of a position because I actually have a business that was on West Avenue and for 35 years we were there and so we saw all the traffic problems on West. We saw customers that didn’t want to come through the Circle and it is rough telling them how to get around without going on the Circle.toe have also had really good property space that we would have loved to develop into something much nicer. Wright Road ran behind it and West Avenue on the other side but we couldn’t develop it. Those two properties right there I couldn’t do anything to develop those. So, I am actually selling them off. Hopefully this overlay will go into effect. Hopefully that property can be developed by some folks. I am going to focus on Northwest Avenue but I think it has been 37 years of nothing happening and something has to happen. Thanks. Mrs. Gutman: Thank you. Is there anyone who would like to speak against Ord. 2024-83 please come to the podium. Second time, is there anyone who would like to speak in favor of Ord. 2024-83 come to the podium. Is there anyone who would like to speak against Ord. 2024-83 please come to the podium. Third and final time is there anyone who would like to speak for or against Ord. 2024-83 please come to the podium. Seeing no further comments, it is now 7:48 p.m. and I close the public hearing for Ord. 2024-83. 8  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Ord. 2024-84~Ex. A-Tracked Ex. A At 3rd Reading PLANNING & ZONING Amending and supplementing Section 1103. P&Z Rec. Approval 5-0 “Typologies-Height Transition Zone” of the P.H. ON 1-23-25 @ 7:07 p.m. Tallmadge Codified Ordinances. Sponsor: Mayor Carol A. Kilway Mrs. Gutman: We also have Ord. 2024-84~Ex. A – Tracked Ex. A. The ordinance was read into the record. It is now 7:48 p.m. and I will open the public hearing for Ord. 2024-84. Is there anyone who would like to speak in favor of Ord. 2024-84 come to the podium. Mrs. Hussing: So, this is kind of a confusing concept but I think it is a very necessary concept. I am asking you to accept the recommendation from the Planning & Zoning Commission to adopt this ordinance. Valuable feedback gathered from our Community Engagement Sessions, the need was recognized that our current regulations regarding building heights needed an update. So the proposed height Transition Zone to be incorporated in 1103.29 ofthe Zoning Code addresses this critical need. The Transition Height Zone is specifically designed for the Overlay areas where building heights exhibit a gradual change. By incorporating this zone we can achieve several important objectives like enhancing aesthetic appeal, promoting neighborhood compatibility and maintaining character. The proposed regulations will require increased setbacks as buildings get taller effectively creating a gradual transition in building mass and ensuring compatibility with the surrounding environment. I urge you to support the Planning & Zoning Commission,’s recommendation by adopting this text amendment you will demonstrate your commitment to responsible development. Thank you. Julia Lewis, 63 Nottingham Street, Tallmadge. I totally agree with that. As a resident and as you came and stood at the edge of that woods and looked out there the comment I heard was, I didn’t realize this was that close. It is there. It is at our property line. That commercial is at our property lines and that is where it is going to be. These setbacks are extremely important as part of this project, the height transitions are extremely important as part of this project. This package, whoever put this deal together, I think should be applauded and celebrated. I know this has been a long time coming. Our previous mayor, our current Mayor, the Planning & Zoning Commission, the people who have put the work into this . . . in 6 weeks I have been stressing over this. You all know that. And all of those that have done their work and led up to this point right now that you are coming to once you close the hearing, your votes are going to affect the lives of the people that . . . our lives are different as soon as you vote. They become different. We either have hope or we have doom. Please, please, please vote for these ordinances. Thank you very much. Mrs. Gutman: Thank you. Is there anyone who would like to speak against Ord. 2024-84 please come to the podium. For the second time is there anyone who would like to speak in favor of Ord. 2024-84. Is there anyone who would like to speak against Ord. 2024-84? For the third and final time, is there anyone who would like to speak for or against Ord. 2024-84 please come to the podium. It is now 7:52 p.m. and I call the public hearing closed for Ord. 2024-84. At this time I would like to open up the meeting to comments from Council and the Administration and discussion. I would ask that everyone would have a chance to speak once before we start making repeated comments just out of respect for each other and I would like to say thank you to everyone who came tonight and who have come to the previous meetings and events that have been held surrounding these ordinances and given their feedback. It is important to us and we do listen. I appreciate the passion and how much it matters to all of you that are here that live there and have businesses there. We take it very seriously and so thank you for your involvement with the City. I would like to say myself that I appreciate the importance of passing all of these ordinances together to give our property owners, potential developers, the realtors who are marketing these properties; all of those people with a full toolbox if we give . . . if we leave out the maps that I have heard discussed and mentioned it is like giving a toolbox but holding back your tape measure and your pencil and saying well, you know come talk to us and if we like your plan we will give you the rest of what you need. That creates unpredictability and speculation and we know that developers don’t like either of those things and we are back to the same place that we are now with a bunch of unsold properties that can’t be fully marketed. So, I am strongly in favor of passing all of these together so we can move our community and this portion of our community fully into the 21st Century in the same vein that the communities around us have done. 9  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Mrs. Gutman (Cont’d.) I would also like to address the desire forsingle family homes and ownership in that area. I appreciate that feedback but I think if you look at where neighborhoods run into commercial areas, there are so many examples in Tallmadge where it is working very well to have rental communities, town homes, some condos and more dense housing, multi-family housing that abuts up and it makes that buffer. You have your single family home neighborhoods, you have some denser housing (inaudible) communities and then your commercial and I know because I have knocked on so many of those doors and walked those neighborhoods in my ward and I would just like to say that it fits here. It is what the feedback we get from people we talk to that that is the direction things are heading. So, while there are areas of Tallmadge where single family homes work best, I fully believe that this is an area where the multi-family homes and rentals will fit in and work really well and I look forward to seeing the potential of that if that is an option that someone pursues. Pres. of Council: Thank you Ms. Gutman. I just wanted to ask her, a point of order on one thing. There is a lot of content here to discuss and I request that we go through each one individually and then go through a roll call vote. I don’t like the idea of like reading all of these into the record and then making one vote. We should be done with each one by one. Mrs. Gutman: We are going to vote individually; absolutely. Pres. of Council: OK, I just wanted to make sure that was clear to everyone in the audience and here. Mrs. Gutman: We are going to vote individually. Yes, we absolutely will vote individually and I would like to open the comments from other Council members. Mrs. Epstein: So, I think what I hear consistently from everyone that spoke and even being a part of the Strategic Planning, there has been a lot of discussion about the desire to have essentially commercial spaces, destination spaces and that is what people are looking for and this is clearly the opportunity to be able to provide for that as far as a commercial standpoint. On West Avenue I know there is a lot of confusion and so I just wanted to clarify with the neighborhood overlay it is not all of West Avenue, it is only on the map and then we increased the frontage from 250 to 300’ and so every business that is there now would never be, even with the overlay passed on the neighborhood the businesses that are here in the front now if they changed ownership it is still going to be a business. That we have guaranteed. Is that correct that within that 300’ on West Avenue . . . Dir. of Law: Right, that they can’t . . . there can be no residential within the 300’ setback so along West Avenue as you are driving along West Avenue let’s pretend that everything was built out, that . . . what has frontage on West Avenue would be commercial because of the setback. So the residential is intended to be again that buffer adjacent to the other residential. Mrs. Epstein: And looking at the map there is a faint dotted yellow line and looking at it all the buildings that are there now, that line is behind the back of those buildings so to help give some perception how far back that would go, it looks like most of those at least in the front there, the buildings that are there now are within that 300’ buffer. Dir. of Law: Yeah, I don’t know if the Clerk can pull up the map, but most of the parcels that is accurate. I think there are only a few that are not going to be . . . Mrs. Epstein: Some of thoses deeper lots Then the audience can just see the yellow line . . . just so the audience can see that red dotted line is the line that I was referencing and that represents 300’ from West Avenue and anything in the front must be commercial with the Overlay or without the Overlay. If there is multi-family, it could allow single family, it could allow town homes, condos and those kinds of things in the Neighborhood Overlay. If it allowed multi-family it only allows multi-family if there is commercial in that building as well. Is that correct? Okay Dir. of Law: And I do want to point out just for clarity that that setback is on the corridor as indicated and so there are other adjacent areas there that we talked about with the residential potential there on . . . Mr. Pavlik: On Southwest. Dir. of Law: Well that is the different one, Northwest Ave. Mrs. Epstein: The other thing that I heard when I had the Town Hall meeting a gentleman brought up something that stuck with me for a while and he is here tonight as well, but I see that residential obviously this is important to the people because this affects your back yard and the comment that he made and I am paraphrasing but it is something along the lines of we can keep our history and our residents here and give 10  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Mrs. Epstein (Cont’d.) them a place to stay or do we let big box corporate retailers come and take over our town and the history that we really cherish and I don’t think that is what I am hearing are that the people who live therewant . . . I really appreciated the maps and sharing of that history that Ms. Lewis had found in her home and particularly with these Certificates of Appropriateness I recognize that the Design Book aims to keep, and it specifically calls out the unique character that everybody loves in Tallmadge and gives us something solid. The spirit and purpose of the overlay and the historic structures when looking at proposals that it is not inconsistent with that spirit and the proposals to safeguard and enhance our unique character. I think if we don’t have the maps and we are not proactive and we are forced to react to what the developer says what they want or where they want to go that puts us in a very reactive position. So, I feel we need to be proactive in deciding where we want development or where we don’t want development and that’s all. Mrs. Gutman: Thank you. Mr. Roy. Mr. Roy: Again, I want to thank everybody for coming tonight. This is definitely a major decision for all of us. I know there has been a lot of discussion and everybody has brought up a lot of good reasons and this is something that obviously nobody has a crystal ball and knows exactly what is going to happen. To me, myself, I look at sometimes people mentioned how somethingskind of failed in the past, but if you look at a lot of stuff over a lot of people have failed before they have succeeded but with this plan at least it gives us a chance to make a change and I can’t think of anybody even in this room who thinks that things we look at on West Avenue is what we want people to think of Tallmadge. We need to move forward as a City. I think this plan has been laid out very well with Planning & Zoning and Ms. Hussing for all of her overtime work I am sure and it is just a positive thing and I am going to be for it because I want to try to see the City grow and not stay dormant because I am just kind of tired at looking at West Avenue like everybody else. Thank you. Mr. Rubino: Thanks to everybody that came out and gave their opinions on these. Thanks to everybody who has been very outspoken with me at everything from my kid’s events to walking through the grocery store sometimes. I definitely appreciate the feedback. Everybody on this Council is here to represent you and try to do the best they can with you and the City. Thank you Ms. Hussing and Planning & Zoning. You guys always do a very nice job even when there is some question or some debate on a topic, you guys are very informative and I appreciate everything you guys do. Regarding the Overlay, I’ve gotten some mixed feedback. One of the biggest portions of feedback that I have gotten is the desire for Tallmadge to maintain a character and aesthetic level. I think there are things in this that are going to work very well for the City and its residents and I think there are some things in here that could be changed, could be altered or we are putting one foot out before we land that foot and see where we are going to step. I think that our residents gave us a very clear message during the R-6 time in here in Tallmadge of what sort of housing and what kind of . . . what they were looking for here in the City that led to a lot of emotion on both sides when that was going on and I encourage everybody on Council to remember that and let’s not have a relapse of the R-6 movement. That is all I have. Mrs. Cipa: I am the newby on board. I have just been in this position, and I am having to play catch-up on all of this so when I first heard of this proposal it was at the 3rd Reading by the Zoning Board. To learn more though, I did talk to several of the business owners, Mr. Stennett was one of them to get his opinion and the residents whose properties are directly involved with these changes. I have had several conversations with the Zoning Commission and also Ms. Hussing and all have been very willing to speak with me and answer all the questions I had. Additionally on my rounds of collecting signatures on my petition, I met with over 100 people, and these are not just the people that are back here that are directly affected, these are people throughout Tallmadge. The consensus was with our conversations eitherthey didn’t know about it, or they were like oh my God, finally is done or proposed to make this area attractive and not the eyesore that it is. The existing businesses are excited to see these changes that allow them to diversify their offerings, the neighborhood property owners want to protect the value of their properties and their homes. They do understand that even though a Neighborhood Overlay would be there, it is not a guarantee that it will be a neighborhood. OK, it could still be a business. They are willing to do that. They are willing to take these chances with this. It is just an option for that Neighborhood Overlay. I do believe it will attract commercial businesses that we want to help fund our City allowing the flexibility to utilize the entire piece of property with the restrictions and guidelines that are proposed. The property on West Avenue 11  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Mrs. Cipa (Cont’d.) other than the removal of the roller rink, has not changed since as far back as I can remember cruising up and down to go to A&W since 1970. It has looked the same. We have added a car dealership, we’ve added a car wash, but nothing else other than the demolishing of Rocky’s Roller Rink. It is time we do make these changes. They are way, way overdue. These ordinances will protect, as Mrs. Lewis said, the general safety, welfare and public health of our community. That’s it. Mr. Pavlik: Thank you. First I want to thank everyone in attendance especially Ms. Lewis. Thank you for inviting us to your home. That was very gracious and spending time to talk with you. Also, a special thanks to Planning & Zoning Manager. Your time and dedication on this and willingness to sit down with me for 2 hours is much appreciated. Also, Ms. Raber thank you for that quick 15-minute conversation the other day; which it wasn’t. As I sit here and look at this, I think a lot of this stuff should have been done years ago and it is my understanding I think this was drafted or the concept was drafted years ago maybe as far back as 2019. West Avenue does not look like what we want it to look like putting in the text of the business I think is imperative and like I said, it should have been done long ago. I do have a problem with the residential. To answer what Ms. Lewis said about you know appropriations of the budget and protecting the citizens for health, safety and welfare if you overcrowd the City withapartments there is more Police that are needed, there is more Fire and more EMS calls. Stripping away the commercial property and the right for a City to earn income could have ramifications on the City long-term. If you look at that Zoning map we don’t have a lot or orange and burnt orange. I would like to see that property developed that is aesthetically pleasing. I don’t think it is going to be big box retail or some sort of big distribution warehouse because if it was it would have been already. I think it is important that we protect the revenue stream of the City that provides the revenue that empowers and gives the safety and the services that the City has. The rest of it, the business text and the overlay, the text of the residential I have no problem with because let’s be honest, the text of the residential is already in our Zoning Code so this expands it and amends it so I am fine with that. If a developer so chooses to bring something before, plenty of developers have brought stuff to Planning & Zoning from different municipalities including Tallmadge, seeking zoning changes and they can do so with that text in there. The topologies; no problem with and then obviously the business overlay I have no problem with. That’s all I have. Pres. of Council: I just want to start by echoing the thank you to the community and those that reached out and those I had a chance to speak with and also a thank you to the Zoning Department and the Administration for taking a lot of all our questions in the meetings and what not and I appreciate everyone’s time and efforts in that. I am going to jump around a little bit. So, I heard you know some key terms around sustainability, harmonious transitions and being in harmony and the way I look at these proposals specifically with the zoning maps, it is you have to look at this wholistically and try not to have tunnel vision on one corridor and so is a lot of my feedback and comments that are centered around that and so as the Ward 3 Councilman I have concerns with the Eastpointe Development expanding into what they are calling Phase 2 and there is ongoing discussions with Gross Residential around that and that is approximately 47 units and that would be off Robey Road and Washburn which is a huge . . . we got a of calls on traffic congestion and what not out there and so as a Ward 3 Councilman I am concerned with that potential expansion and likewise we have pending litigation with Mindale Farms that is still not reached . . . we have not gotten the final decision and so again that is another 200+ residential units that we don’t know where that is going to land right now and so again when I look at these proposals I do so with caution and with a lot of lessons learned during my 6 years on Council and just try to understand what we have control over and the pace of expansion because echoing Mr. Pavlik’s comments you know on the orange sections, they are taking the JEDD out of the equation and this could be one of our last opportunities for that commercial and retail expansion in the City of Tallmadge. So we have to look at the City as a whole when we look at these development opportunities. Likewise I think timing is really important in this because when you look at this I think if we had concrete understanding of those two projects that I mentioned that are still pending -- on whether they are going to happen or not and we had firm decisions, I think and this was in front of us in in six months to eight months to a year from now, I think we would have a little bit different perspective on it but there is so much uncertainty still in the air with this and that is where my caution comes from. Also, we have 4 on Council currently that live in Ward 2 and there was a lot of opposition to the R-6 expansion and when you get into topics of high density housing and you know multi-use establishments for the residential areas I just don’t quite see how you can oppose that in 12  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Pres. of Council (Cont’d.) one area in your backyard but then are for it when it is across town. So, again I just think I am coming back to a lot of our lessons learned over these last 5 years and also understanding how can we best throttle the growth and expansion for what the City can handle. Those are my key concerns. I also think the text amendments are good and again echoing the comments made here you know we have our zoning code language is established and this is just cleaning a lot of that up. Also, when you get into the Northwest Avenue area you know we have apartments there now and there is a lot of uncertainty between the residential areas that I mentioned earlier and it just give me some caution and I just sit here reflecting on everything that I have seen over the last 5 years and you know all of us want what is best for this community. We share very different perspectives on how to get there and so I think again I am just echoing my caution when it comes to the residential aspect. Thank you. 1:18 min Mrs. Gutman: Thank you Mr. Bollas. Would anyone from the Administration like to make any comments? Mayor: Again, I am going to thank all the same people that you guys have thanked. I want to thank our Planning & Zoning Department. Helene Hussing has done an immense amount of work. Our Law Department, thank you very much for all of your guidance in this as well, Joe Ignazzitto our Director of Administration who is in charge of Economic Development. This is not something that was taken lightly. There was a lot of planning. This started almost a year ago with discussions. It is not something that is new. This was in our Comprehensive Plan, and it is also in the new Zoning Code, and it is completing what has already been started by previous Administrations. It is embracing our heritage through progress. I want you to just remember that. We are not trying to . . . we are not doing anything that hasn’t been thought of for over a decade now. It is just finishing a plan. This is not the same as R-6. That whole issue was in a very, very residential area. Hundreds of acres were at stake with the potential to be expanded to even more hundreds of acres. This is an area with very limited acreage that could even potentially be residential, and we are asking . . . we didn’t even ask for that in the beginning when we started this West Avenue. This came to us at the recommendation of the residents that live there. They want that residential buffer zone between the commercial and their existing properties. So, please remember that as well. This is not anything similar to R-6 at all. Just to address the one and done, so anything that was brought up here, this isn’t a one and done type of thing. Any future development that comes to us from a developer would have to go through Planning & Zoning type thing. They would have to get those approvals. It will then again go to Council as well . . . It won’t go through Council if there were any variances or anything? No. OK, well it will go through Planning & Zoning and those recommendations, and those changes will be made, and those approvals will be had there. This is an opportunity for you to do something that is great. The other issue that I want to bring up is you know a community member is a community member that is vital to our community whether if they own a home or rent a home, they are still a vital community member and for anyone to say that they don’t want rentals in our community to me that is not appropriate. So, thank you to everyone that has come out. We do appreciate what has been stated. We just want what is best for our community and revitalization of West Avenue, in my opinion, is key to our whole community and just embracing our heritage. So, thank you very much. Mrs. Gutman: Thank you. Is there any other Administration comments? I just wanted to address the text without the maps and how that would . . . if we were to go that route and how . . . because we were talking about the uncertainty of other areas of the City and not knowing what could happen, I think I feel that that makes the map even more important. It puts that uncertainty to rest of where this overlay applies and when it can be used and then we have even put more questions out there and I think that is the opposite of what any of us wanted. The maps need to be part of this packet for it to be strong legislation and for it to work and for the property owners and potential developers. Without the maps, we haven’t really done what we say we want to do. Everyone here says they want to approve this area of the City and they know what needs to move forward but if we don’t pass on these maps, it is just you know painting over wallpaper. You can’t really do anything about it. Developers are not going to see that as a good option when we have given them half of a package and so I will keep it short and leave it at that and put it up for any other comments from Council. Mr. Bollas I know you were wanting to speak. Mr. Pavlik: Ms. Raber, does the neighborhood overlay zoning code exist already in our Zoning Code? 13  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Dir. of Law: Yes, and we are amending the text. We have not mapped it anywhere yet. Pres. of Council: I was just going to reiterate that any variances that came before Planning & Zoning Commission do not come to Council so if you look at it through that lens this is our last lever of any kind of control into what actually goes in there. I mean, I think we can all speak from experience that sometimes what we see on pages and drawings you know and you drive by the site a year and a half ago and it looks totally different and you know we are saying 2 stories now and maybe there is a variance for a 3 rd story is just one example. There are just a lot of different experiences that could go into that that would never even come to Council. So, I just want everyone to keep that in mind that this is really the last point of kind of control here thereafter. Mrs. Gutman: However, to help Planning & Zoning for every other part of the City, and Tallmadge is not alone in that, that is how it works everywhere is we trust the experts on Planning & Zoning Commission and our Architectural Review Board and we have given them good strong legislation and guidance and zoning for them to apply and we don’t . . . we are not a second Planning & Zoning Commission, that is not our role here and I feel that we are opening a can of worms if we decide that in this one case we will do that. I don’t think that is a road we really want to go down. I think we need to stick with the precedent of making sure that what we send them to work with is strong and clear and fits the character of our City and our ultimate objectives of our City and trust that they do this all the time. They look at these and they put forth all of their effort and expertise and love for our City into their decisions and move forward with what we have always . . . how it works and not try to change it just for this one area and one legislation. Pres. of Council: I respect that. I guess to rephrase it is just reflecting on you know areas that you see conceptually and then you see it in real life. I mean look at the plaza right behind us. I think we can all agree that the Town Center is not anywhere near what anyone planned for. I wasn’t on Council at that time but you know now we have had to kind of reframe what is allowed in those bottom units and it is again, I am just using that as an example, but again my key concerns are around the residential based on the reasons I stated earlier. Mrs. Gutman: Thank you. Mrs. Epstein: Sure, I think that an example to look to as far as why we need the Neighborhood Overlay because we are being proactive here whereas Town Center we had to react to a situation where they could not rent commercial space and that was converted into, it is being converted into residential space and so by being strategic and being proactive in the planning we are saying . . . we are reacting to what the residents asked for and we are giving them a transition area to go from what is residential now and transition possibly into a mixed use space and possibly not. It could still be 100% commercial, but those transition areas do show and I have read studies and I have researched online that mixed use development generates 10 times more and I can provide the studies if requested, but it generates significantly more tax revenue than commercial ever could alone. It keeps our tax base diverse on these plots of land that are currently empty and not generating any tax revenue. So, number one first and foremost I want to support what the residents in that area are asking for because I have seen a Council support what I asked for in my area and felt like Council listened to me and I know we all want to do that. And of course we want to support a diverse tax base. These spaces show that that is what this is, and we are being proactive. This area they could not rent the commercial spaces, and we had to react. We lost our opportunity to be proactive and this is that opportunity now. Mrs. Gutman: Thank you. Mayor: Just to kind of explain to those people that kind of don’t know, the Town Center, the first floor that was supposed to be commercial and potentially office or retail or whatever, we also had a national pandemic that happened and completely changed the way people do business. People do not go into the office anymore. People like to . . . a lot of people stay home and do their jobs from home now. Everything is remote and so that changed significantly and that greatly affected what happened next door. So, just so that the people in the audience realize what happened over there is very unfortunate but that was the case and so I really don’t think we can use that as an example. So, thank you. Mrs. Gutman: Thank you for that context. Mr. Roy? Mr. Roy: Just a couple more comments. A good friend, architect, you know obviously this has to do with people like him. One thing he talked to different people about the building behind us and nowadays they 14  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Mr. Roy (Cont’d.) will not build or invest money unless it is a four-lane road. This is a two-lane road out here and the people he has talked to them want four lanes like what we have on West Avenue because of just more traffic and that is what they are basically looking for. I know it is tough for us to turn this over to Planning & Zoning but I think we have good people in Planning & Zoning and any bit of business you have to trust the people that work for you and I guess in a way they work for the people of the City of Tallmadge and we have to put our trust into them is what I am looking at. I think that thing can be successful but you know again as a City what our job is is to try to move forward and we don’t want to go back 50 years and leave West Avenue where it is at and I think it important that we look forward and we don’t look in the past and we look at the future. As the Mayor said, this is something that has been out there. It is not brand new. They have talked about it for years. The residents want it that are over in that area, and I agree I think we need both the residential and the commercial. Especially to protect the people that are over there so they don’t have garbage trucks coming there at 4:00 a.m. because it is a warehouse or factory or something. So, I think it important to have a little bit of both and get that buffer zone. That is just my opinion. Mr. Pavlik: Mrs. Raber, two questions. Say this passes and someone owns property on the southern side of West Avenue and they want to develop it like across the street and they would have to submit something to Planning & Zoning and they would have to come to Council and if we reject it does that create a problem because a precedence has been set that you have it across the street, but you are not allowing it on my parcel? Dir. of Law: Well, there is a portion on the southern side of West Avenue that is . . . Mr. Pavlik: I know that further down like . . . Dir. of Law: So, with Zoning you look for some kind of adjacency typically for the other zoning so if it is across the street we have typically said like that is still adjacent enough that the street intersecting it isn’t . . . so, yes, there could be a potential for that. Mr. Pavlik: Yeah, so my concern within the neighborhood is you open up Pandora’s box to potentially have all of West Avenue potentially,potential, that could have one little small office retail building and the rest behind it all residential? Dir. of Law: I think thepart that not mapped all of that is built out I don’t know that there is any available property on that side. Mr. Pavlik: It is built out but it is changed to residential. If you look at even in the zoning of the residential on West Avenue there are existing properties that can be sold and they can build residential on that. Dir. of Law: Those properties, if they are not on the map, would need to come back to the City Council for the whole rezoning. Mr. Pavlik: So, Seven Grains, la Mexicana, that is on the map. They are on the map. Leppo, they are in the map. Dir. of Law: Yes. They are on the north side. Mr. Pavlik: Ms. Hussing, I have a question about if you could come up to the podium. Everyone has been so fixated with the red line. Let’s talk about Sperry to the Circle, Southwest . . . Wright to Southwest; what are those setbacks or what or why was that included in the residential West Avenue Overlay? Mrs. Hussing: So, in the area that is surrounded by Wright Road, Southwest and West Avenue there is already existing residential uses there. It is already mixed. The reason is the other . . . so there is some residential that is closer to Sperry as well mixed use and there is some residential in some of those buildings there between the vet and I don’t know what is on the other side further down. So, there are some residential in there. So that is why those are included. To make them conforming. Then I just want to address that your statement about if the south side of West Avenue if someone requests the overlay to be over an area, just like the north side, you can put a condition on it that there is a setback so you could put different conditions on it when that comes before you and I would assume that the Planning & Zoning Commission would do just that. Mr. Pavlik: OK. You had said that there are some residental in that area? Mrs. Hussing: Correct. Mr. Pavlik: I see orange. Mrs. Hussing: Yes, but there is legal non-conforming so there are some residential just like between Wright 15  COUNCIL MEETING Council Chambers 7:00 p.m. January 23, 2025 Mrs. Hussing (Cont’d.) Road and West Avenue and Southwest. So there are legal non-conforming uses. They have been there since before the Zoning Code was put in. Mr. Pavlik: OK. Mrs. Gutman: Thank you. Any further comments at this time? I appreciate everyone’s thoughtfulness and the time they have taken to work on this issue. So, at this time I would like to ask for a motion to approve Ord. 2024-78. The ordinance was read into the record. Again, that is a motion to approve. Anyone? Mr. Pavlik: I will make a motion to approve Ord. 2024-78. Seconded Mr. Rubino. Roll Call: Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas, Mrs. Cipa, Mrs. Epstein, Mrs. Gutman – unanimous. Ord. 2024-78 is adopted by a vote of 7-0. Mrs. Gutman: Next we have Ord. 2-24-79. The ordinance was read into the record. Could I ask for a motion to approve? Mr. Pavlik: I will make a motion to approve Ord. 2024-79. Seconded Mrs. Cipa. Roll Call: Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas, Mrs. Cipa, Mrs. Epstein, Mrs. Gutman – unanimous. Ord. 2024-79 is adopted by a vote of 7-0. Mrs. Gutman: Next we have Ord. 2024-80. The ordinance was read into the record. Can I have a motion to approve? Mrs. Epstein: I am moving to adopt Ord. 2024-80. Seconded Mr. Roy. Roll Call: Mr. Roy – yes, Mr. Rubino – no, Mr. Bollas – no, Mrs. Cipa – yes, Mrs. Epstein- yes, Mrs. Gutman – yes, Mr. Pavlik – no. Ord. 2024-80 has been adopted by a vote of 4-3. Mrs. Gutman: Next we have before us Ord. 2024-81. The ordinance was read into the record. Can I have a motion to approve Ord. 2024-81? Mr. Roy: I will make a motion to adopt Ord. 2024-81. Seconded Mrs. Epstein. Roll Call: Mr. Rubino – no, Mr. Bollas – no, Mrs. Cipa – yes, Mrs. Epstein – yes, Mrs. Gutman – yes, Mr. Pavlik – no, Mr. Roy – yes. Ord. 2024-81 is adopted by a vote of 4-3. Mrs. Gutman: Next we have Ord. 2024-82. The ordinance was read into the record. Do I have a motion to approve? Mr. Pavlik: I will make a motion to approve Ord. 2024-82. Seconded Mrs. Epstein. Roll Call: Mr. Bollas, Mrs. Cipa, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino – unanimous. Ord. 2024-82 is adopted by a vote of 7-0. Mrs. Gutman: Next we have Ord. 2024-83. The ordinance was read into the record. Do I have a motion to approve? Mr. Pavlik: I will make a motion to approve Ord. 2024-83. Seconded Mrs. Cipa. Roll Call: Mrs. Cipa, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas – unanimous. Ord. 2024-83 is adopted by a vote of 7-0. Mrs. Gutman: Next we have Ord. 2024-84. The ordinance was read into the record. Do I have a motion to approve? Mrs. Cipa: I will make a motion to approve Ord. 2024-84. Seconded Mr. Pavlik. Roll Call: Mr. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas, Mrs. Cipa – unanimous. Ord. 2024-84 is adopted by a vote of 7-0. Mayor: Thank you very much. I really appreciate it. Mrs. Gutman: Well, thank you all for your time and attention. I don’t have anything further. I will close the committee. 7. Community Input: Pres. of Council: Is there anyone who would like to speak to anything on the agenda this evening? Alright. 8. Additions Agenda: None. 9. Reports of Administrative Officers: a. Mayor/Dir. of Pub. Safety: Because it is already almost 9:00 p.m. and we are just getting started on the meat and potatoes, I am going to keep this brief. I do want to highlight some great activity within our Police and Fire Departments. Det. Jake Miller began his new role with the Tallmadge 16  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Mayor (Cont’d.) Detective Bureau this week following 3 years of dedicated service as a midnight shift Patrol Officer. The Tallmadge Detective Bureau is now fully staffed. In the Fire Department they are currently engaged in ongoing training through te Blue Heart Certification Program. This program provides firefighters with standardized training to enhance command and practices for managing emergency operations. All full-time firefighters have completed the on-line portion of the program which includes 50 hours of foundational course work. This week the department is completing the 3-day certification lab. The Fire Department is currently engaged in ongoing training through the Blue Card Certification Program. This program provides firefighters with standardized training to enhance command practices for managing everyday emergency operations particularly the NIMS Type 4 and Type 5 events. All full-time firefighters have completed the on-line portion of the program which includes 50 hours of foundational course work. The Fire Department is also hiring three full-time Firefighter Paramedics this year. The deadline for submitting Civil Service applications is tomorrow, Friday, January 28 th at noon. Jill Stritch, our former Director of Administration was appointed by Judge Stormer to be a new Commissioner for the Summit Metro Parks Board and so I am going to congratulate her as well. b. Director of Administration/Economic Development: Good evening everyone. Just two quick points. The posting for the Economic Developer position is live on the City website for Job Opportunities. I am working on getting on the internet and the Summit County Mayor’s Association and also regionally with other Economic Development sites. The second we will be providing an update on negotiations in the Executive Session. End of report. c. Director of Public Service: No report. d. Director of Finance: No report. e. Director of Law: No report. 10. Reports of Standing Committees of Council of the Whole: a. PLANNING AND ZONING Mary Gutman, Chair Jessica Epstein, Vice Chair The Planning & Zoning Committee deals with land use, zoning, conditional uses, planning, economic and community development, and public property. Mrs. Gutman: I will call the Planning & Zoning Committee to order. We have nothing further before us this evening. Does anybody have anything for Planning & Zoning? Seeing nothing, I will close Planning & Zoning. Thank you. i. Additional Items: None. b. FINANCE Donald Pavlik, Chair Christine Cipa, Vice Chair The Finance Committee deals with budget, appropriations, reappropriations, bonds, franchises, investments, and expenditures. i. First readings of Ordinances and Resolutions A. Ord. 2025-9 – Authorizing the Director of Public Service to negotiate and the Mayor to contract for various policies of insurance for the City and providing for immediate enactment. Sponsor: Dir. of Pub. Service Rorar Mr. Pavlik: I call the Finance Committee to order. We have at 1st Reading Ord. 2025-9. The ordinance was read into the record. This is sponsored by Dir. of Pub. Service Rorar. 17  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Dir. of Pub. Service Rorar: No, the prices for the insurance this year are reasonable and only the automobile went up and it didn’t go up by much. Mr. Pavlik: Are there any other questions or comments? Hearing none, I will entertain a motion. Mrs. Gutman: So, moved to approve Ord. 2025-9. Seconded Mr. Pavlik. Roll Call: Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas, Mrs. Cipa, Mrs. Epstein – unanimous. Ord 2024-9 is adopted by a vote of 7-0. B. Ord. 2025-10 – Authorizing the Mayor to enter into the necessary contract or resolution for the purchase of salt and salt brine through the ODOT Cooperative Purchasing Program and other Inter-governmental Purchasing Programs and providing for immediate enactment. Sponsor: Dir. of Pub. Service Rorar Dir. of Pub. Service Rorar: No, when we get on one of those purchasing programs; we have two of them; CUE and ODOT and if we could do a third one I would do it because I like to try to get our salt from different mines; different companies. So, if one runs out we still have another supply. Mr. Pavlik: Is there a motion? Mrs. Gutman: I move to adopt Ord. 2024-10. Seconded Mr. Roy. Roll Call: Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas, Mrs. Cipa, Mrs. Epstein, Mrs. Gutman – unanimous. Ord. 2025- 10 is adopted by a vote of 7-0. C. Ord. 2025-11 – Authorizing the Mayor to enter into the necessary contract or resolution for the City’s participation in the ODOT Cooperative Purchasing Program and providing for immediate enactment. Sponsor: Dir. of Pub. Service Rorar Dir. of Pub. Service: This is just a purchasing program for equipment or anything that we have already talked about in the budget. Mr. Pavlik: Do I have a motion? Mrs. Cipa: I make a motion to approve Ord. 2025-11. Seconded Mrs. Gutman. Roll Call: Mr. Roy, Mr. Rubino, Mr. Bollas, Mrs. Cipa, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik –unanimous. Ord. 2025-10 is approved by a vote of 7-0. D. Ord. 2025-12 – Authorizing the Mayor to enter into a contract with the Interlocal Purchasing System (“TIPS”) a cooperative purchasing program for the lease/purchase of a berm mower and leaf machine and providing for immediate enactment. Sponsor: Dir. of Pub. Service Rorar Dir. of Pub. Service: It is the same as the ordinance above. It is equipment purchasing and it spells out the two machines we are looking for; the berm mower and leaf and that was part of the budget. Mrs. Epstein: I move for the adoption of Ord. 2025-12. Seconded Mrs. Cipa. Roll Call: Mr. Rubino, Mr. Bollas, Mrs. Cipa, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy – unanimous. Ord. 2025-12 is adopted by a motion of 7-0. Mr. Pavlik: Is there anything else that needs to be brought before the Finance Committee. Hearing none, I will close committee. ii. Additional Items: None. c. PERSONNEL Christine Cipa, Chair Donald Pavlik, Vice Chair The Personnel Committee deals with personnel, labor relations, insurance claims, Rules of Council and State Statutes. 18  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Third Readings of Ordinances and Resolutions A. Ord. 2024-75 – Authorizing the Mayor to enter into an agreement with the International Association of Firefighters Local 2764 and providing for immediate enactment. Sponsor: Mayor Carol A. Kilway Mrs. Cipa: I would like to call the Personnel Committee to order. We have Ord. 2024-75 at 3rd Reading. The ordinance was read into the record. Dir. of Administration: We would like to keep this one and the next two at 3rd reading and we will explain more in Executive Session. B. Ord. 2024-76 – Authorizing the Mayor to enter into an agreement with the Fraternal Order of Police (F.O.P.) consisting of Tallmadge Patrol Officers and providing for immediate enactment. Sponsor: Mayor Carol A. Kilway Mrs. Cipa: Next we have Ord. 2024-76 and we will keep this at 3rd Reading. C. Ord. 2024-77 – Authorizing the Mayor to enter into an agreement with the Fraternal Order of Police (F.O.P.) consisting of Tallmadge Police Sergeants and Tallmadge Police Lieutenants and providing for immediate enactment. Sponsor: Mayor Carol A. Kilway Mrs. Cipa: Next we have Ord. 2024-77 and we will keep this at 3rd Reading also. Mrs. Gutman: I just have a request for Mrs. Raber just to explain to our audience why we are discussing these in an Executive Session just for general knowledge purposes for those who are not familiar with this. Dir. of Law: One of the exceptions in the Ohio Sunshine Law is for Executive Session is to discuss collective bargaining because it is contractual negotiations and it is still being negotiated and so after negotiations we go into Executive Session and we discuss those. Mrs. Gutman: Thank you because I never understood before I was on Council. Mrs. Cipa: If there are no further comments I will close the Personnel Committee. Pres. of Council: Just one in regard to Personnel before we move on. In regard to our scheduling of our Civil Service meetings, I know in the past an e-mail had been sent to the Chair of Personnel but if a meeting is planned to be scheduled via Microsoft Outlook or via- email If the Chair and Vice Chair of Personnel could also be included in the invite as well as the President of Council for awareness I would appreciate it. The main reason for this is 1) awareness and 2) if the Chair cannot attend, the Vice Chair is aware and can attend if needed. Thank you. i. Additional Items: None. d. SAFETY Nicholas Rubino, Chair Ted Roy, Vice Chair The Safety Committee deals with disaster services, communications, fire, and paramedics, police and health. i. First Readings of Ordinances and Resolutions. A. Ord. 2025-13 – Exhibit A – Authorizing the Mayor to enter into a mutual aid agreement with Springfield Township Fire Department for Fire and EMS services and providing for immediate enactment. Sponsor: Mayor Carol A. Kilway Mr. Rubino: Thank you. I call the Safety Committee to order. We have Ord. 2025-13 before us at 1st Reading. The ordinance was read into the record. This is sponsored by Mayor Kilway. Do you have any information on that for us? Mayor: Yes, I do. So, this is actually a mutual aid agreement from the Chief at Springfield Fire Department. He is looking for an agreement to help cover the Woods Drive and Broadview areas for both EMS and Fire and he would reciprocate us with a tanker to assist us in our no hydrant district and this will positively impact us regarding our ISO rating and we vetted the 19  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Mayor (Cont’d.) agreement and it is a good agreement we have just never had one before with Springfield. Mr. Rubino: Thank you. Are you looking for passage at 1st Reading or . . . Mayor: 1st Reading would be nice because the sooner it passes the sooner we have mutual aid in that area. Mr. Pavlik: I will make a motion for adoption of Ord. 2025-13. Seconded Mrs. Cipa. Roll Call: Mr. Bollas, Mrs. Cipa, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino – unanimous. Ord. 2025-13 is adopted by a vote of 7-0. Mr. Rubino: Is there anything else for the Safety Committee? Hearing none, I close the committee. i. Additional Items: None. e. COMMUNITY ISSUES Ted Roy, Chair Mary Gutman, Vice Chair The Community Issues Committee deals with Parks and Recreation, civic affairs, and liaison between the Council and the Recreation Board and intergovernmental affairs. Mr. Roy: I open Community Issues Committee. We have no legislation before us. Is there any additional items that anybody would like to bring up? If not, I will go ahead and close committee. i. Additional Items: None. f. PUBLIC SERVICE Jessica Epstein, Chair Nicholas Rubino, Vice Chair The Public Service Committee deals with streets, highways, sidewalks, buildings, and improvements: water, sewer, electricity, gas, energy resources, recycling, waste, and trash. Mrs. Epstein: I call the Public Service Committee to order. We have no legislation before us this evening. Does anyone have anything for Public Service? Hearing none, I will close the committee. i. Additional Items: None. 11. Reports of Special Committees: a. Council Operations Committee i. Additional Items: None. 12. Announcements: Pres. of Council: At this point the meeting we are going to adjourn to go into Executive Session for the purpose of discussing Pending/Imminent Litigation and Collective Bargaining. Do I have a motion to go into the Executive Session. Mr. Pavlik: I make a motion to go into Executive Session for the purpose of discussing Pending/Imminent Litigation and Collective Bargaining. The time is 9:03 p.m. Seconded Mrs. Christine Cipa. Roll Call: Mrs. Cipa, Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas – unanimous. Council moved to go into Executive Session at 9:03 p.m. by a vote of 7-0. Pres. of Council: It is now 9:50 p.m. and we are back on Council floor. 13. Adjournment: Pres. of Council: Can I have a motion to adjourn. 20  COUNCIL MEETING Council Chambers @ 7:00 p.m. January 23, 2025 Mr. Pavlik: I move to adjourn. Seconded Mr. Rubino. Roll Call: Mrs. Epstein, Mrs. Gutman, Mr. Pavlik, Mr. Roy, Mr. Rubino, Mr. Bollas, Mrs. Cipa – unanimous. The Council meeting of 1-23- 25 adjourned at 9:50 p.m. sb Adopted: ___________________ ___________________________________ ______________________________________ Susan E. Burton, Clerk of Council Jonathon D. Bollas, President of Council 21