Meeting Notes March 3, 2020
Willoughby City Council Meeting Summary
• March 3, 2020 •
Ken Kary • Councilman Ward 2
NOTE
These notes “are not” the official minutes for Willoughby City Council.
The views I express in these Council Meeting Summaries are my own and do not reflect any official view or position of the City of Willoughby.
The “official” Council Minutes are posted on the City of Willoughby Website http://willoughbyohio.com/government/city-council
Tonight's Council Meeting started off with the Environmental Planning Committee addressing plans to have approximately 14 acres of trees to be removed on S.O.M. Center Rd. Based on our city ordinances this is allowed as long as the property owner abides by the city ordinances for clearing and grading. The Finance and Audit Committee started discussions on the 2020 Budget. This is the OPERATING BUDET not the CAPITAL EXPENSE BUDGET. We will be approving this by March 3. Finally, the Parks and Recreation Committee spent time addressing the Erosion issues at Osborne Park. This will continue for several council meetings and I will report on it accordingly.
Environmental Planning Committee Meeting
Ken Kary (Chairman) Dan Anderson, Dan Garry
The purpose of the Environmental Planning Committee is to review:
EAS #3-2-20
The proposed project is for tree cutting of approximately 14 acres at 5363 SOM Center Road. A buffer will remain around the entire site. A temporary stone access drive will be installed at the existing current access drive. Tree cutting needs to take place prior to April 1st to avoid tree cutting restrictions due to the Indiana bat. Submitted by: Greg Sommers, Sommers Real Estate Group, LLC.
This E.A.S. was approved with the following requirements:
· Prior to any trees to be cut down, as required by our ordinances, a Storm Water Pollution Prevention Plan (SWPPP) will be required.
· The applicant will also have to demonstrate that they will not be disturbing any wetlands.
Finance & Audit Committee Meeting
John Tomaselli (Chairman) Dan Garry, Ken Kary
The purpose of the Finance & Audit Committee meeting is to discuss:
2020 Budget
Parks & Recreation Committee Meeting
Chris Woodin (Chairman) Katie McNeill, John Tomaselli
The purpose of the Parks & Recreation Committee meeting is to discuss:
Lakefront Erosion
Osborne Park Master Plan
AGENDA
REGULAR COUNCIL MEETING
March 3, 2020
ORGANIZATION BUSINESS - Shade Tree Commission -Appt. of Chasity Strawder
APPROVAL OF MINUTES- Regular Council Meeting of February 18, 2020
STANDING AND REGULAR COMMITTEE REPORTS
WPCC Committee, Mr. Anderson – Reported the joint WPCC committee meeting that took place last week. He said the plant needs to build a structure over the solid waste container that hopefully can be built in house.
Clean City Commission, Mr. Garry – Reported the Eco Fair will take place on Saturday, April 18th from 9 a.m. until 12 p.m. Raffle tickets are available for two lower box seats and a parking pass for the Cleveland Indians game on Saturday, July 4th and will include fireworks. Tickets are $5 or 5 for $20 with the drawing taking place on June 20th.
Shade Tree Commission, Ms. McNeill – Reported there will be a new member starting with the commission soon.
CORRESPONDENCE
No Correspondence
PUBLIC PORTION
Lori Claire Petrick, 1344 Brooks Drive – Regarding EAS #3-2-20 that was reviewed earlier this evening, Ms. Petrick voiced concerns that the Environmental Assessment Statement submitted by the Sommers Group is legally insufficient. She noted information regarding the traffic impact and the demands on the school system were insufficient. Due to the incompleteness of the statement as submitted, as well as other changes the developer has made with regard to the development plan, Ms. Petrick asked that the EAS be reviewed and fully completed before any decision is made and that Council deny or at least table Resolution No. 2020-24.
Debra Petrick, 35145 Aspenwood Lane – Due to the environmental impact of cutting down 14 acres of trees at Mr. Millstein’s property, Ms. Petrick asked Council to not rush into approval for the sake of a business deal noting that a tree study and traffic study have not been done. She asked Council to allow time for the studies and to vote no tonight.
Dave Black, 34975 Aspenwood Lane – Mr. Black asked if the City could keep as close to the current zoning of the property located on SOM Center Road as possible so the lots are not squeezed together. He asked that the trees not be cut down until the density is determined.
Pat Terlizzi, 35100 Aspenwood Lane – Ms. Terlizzi said she is opposing the clearing of the Millstein property before April 1st. She said she would like assurances that the clearing won’t affect the water run off to the neighboring properties.
Paul Petrick, 250 Chatum Way, Mayfield Hts., Ohio – Regarding the tree clearing at the Millstein property, Mr. Petrick said trees can be cleared between April 1st and the end of September if a tree study is done to determine which trees are habitats for bats. He said he feels a tree study should be conducted. He voiced concern about approving the tree removal when the Planning Commission hasn’t determined what the zoning will be for the development.
UNFINISHED BUSINESS
ORDINANCE NO. 2020-22
An ordinance amending the Zone Map of the City of Willoughby, Ohio, to Reclassify 220 Parcels of Real Property located within the City of Willoughby.
Motion made and seconded to remove Ordinance No. 2020-22 from the table.
Motion carried 7 to 0
Motion made by Councilman Kary to amend Ordinance No. 2020-22 as follows:
(1) To amend by the deletion of the following ten (10) Permanent Parcels from the Zoning Map Amendment (a) Zoning Map ID 3A, PPNs. 27-B-050-0-00-012-0, 27-B-050-0-00-017-0, 27-B-050-0-00-018-0, and 27-B-050-0-00-029-0; (b) Zoning Map ID 4G, PPN. 27-B-041-0-00-030-0; (c) Zoning Map ID 5F, PPN. 27-A-027-E-00-016-0; and (d) Zoning Map ID 5H, PPNs. 27-B-034-A-00-005-0, 27-B-034-A-00-006-0, 27-B-034-A-00-023-0, and 27-B-034-A-00-002-0; and
(2) To amend to establish the split zoning of the following eleven parcels and the specific portions of these parcels to be included within the Zoning Map Amendment: (a) Map ID 3A, PPN 27-B-053-0-00-033-0, Lost Nation Road (applied only to front 512 feet for Limited Retail Overlay District); (b) Map ID 4C, PPNs 27-B-044-0-00-024-0, 38301 Apollo Parkway (applies only to the portion zoned Commercial Manufacturing); (c) Map ID 4D, PPNs. 27-B-044-0-00-028-0, Apollo Parkway, 27-B-044-0-00-001-0, Apollo Parkway, and 27-B-044-0-00-002-0, Apollo Parkway (applies only to the portions zoned General Business; (d) Map ID 4E, PPN 21-A-999-0-00-300-A, Norfolk Railroad (applies only to portion zoned Commercial Manufacturing); (e) Map ID 4G, PPN 27-B-036-0-00-048-0, Elm Street (applies to only portion zoned Commercial Manufacturing); (f) Map ID 5D, PPN 27-7-016-0-00-014-0, 37223 Euclid Avenue (applies to only portion zoned Limited Industrial); (g) Map ID 5E, PPN 27-A-017-0-00-006-0, Euclid, (applies only to portion zoned Commercial Manufacturing); (i) Map ID 6A, PPN 21-A-022-0-00-010-0, 39438 Kirtland Road (applies only to portion zoned Motorist Services-Business), and (j) Map ID 7A, PPN 27-A-001-0-017-0, 34190 Ridge (applies only to portion zoned Motorist Services-Business); and
(3) To amend by the removal of the following three (3) parcels from inclusion within the Zoning Map Amendment: (a) Map ID 5G, PPNs 27-A-027-A-00-031-0, 37046 Vine Street, and (b) 27-A-027-A-00-032-0, 37104 Vine Street; and (c) Map ID 4B, PPN 27-B-044-0-00-023-0, Lost Nation Road.
Motion carried 7 to 0
Motion made and seconded to adopt Ordinance No. 2020-22 as amended.
Motion carried 7 to 0
NEW BUSINESS
RESOLUTION NO. 2020-24 Motion carried 7 to 0
A resolution approving EAS #3-2-20 for the removal of approximately 14 acres of trees located at 5363 SOM Center Road, prior to April 1, 2020.
Discussion: Councilwoman McNeill wanted to clarify that if the property owner wants to cut trees down, he has the right to do so. Council President Carr said this is an EAS and the property owner has the right to remove trees as long as he is in compliance with the code with the wetlands study and stormwater. Law Director Lucas said one of the provisions within paragraph A of Section 1345.01 of the Codified Ordinances is for clearing or grading of land which is independent of the other enumerated provisions under that subparagraph regarding submission of a plat for approval or development plan for approval. There is no nexus whatsoever to a development plan being part of a clearing project per se. Secondly, the enumerated paragraphs that are set forth in the application itself are fact sensitive; they are to be considered and applied but not all of them apply factually. One factor of relevance is stormwater runoff and drainage to which the City Engineer has voiced his opinion. Just dropping the trees won’t have much of an impact on the water runoff. Mr. Lucas said the discussion before Planning Commission (about a development on the Millstein property) is totally irrelevant to this discussion. Councilman Kary wanted to let the residents in the audience tonight who spoke in reference to the tree clearing that the Planning Commission will be cognizant of their concerns throughout the process.
RESOLUTION NO. 2020-25 Motion carried 7 to 0
A resolution authorizing a tap-in to the Willoughby-Eastlake Sewer System for Permanent Parcel No. 16-C-079-D-00-038-0, located at 6175 Iroquois Trail in Mentor, Ohio, and declaring an emergency.
Robert D. Grove is the owner of Permanent Parcel No. 16-C-079-0-00-038-0 located at 6175 Iroquois Trail in Mentor, Ohio, adjacent to the City of Willoughby, Ohio, and the Willoughby-Eastlake Sewer System; and Kathryn McCarthy is the POA for Robert D. Grove and has requested permission to tap-in to the Willoughby-Eastlake Sewer System; and after review and consideration, the Council and Administration of the City of Willoughby have no objections to such tap-in.
City Engineer Sayles said the corp. line between Willoughby and Mentor runs right down the center line of Iroquois Trail and the sanitary sewer on the street is City’s sewer system. The agreement between Willoughby and Eastlake dating back to the 1950’s, requires that any entity outside the corporate boundaries of either Willoughby or Eastlake, both Councils have to approve legislation allowing the tap in. This house is currently operating on a septic system.
RESOLUTION NO. 2020-26 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into a contract with J.D. Striping & Services, Inc. in the amount of $80,531 for the 2020 Highway Pavement Lane Marking Project.
The bid received from J.D. Striping & Services, Inc. was, in the opinion of the Council of the City, the lowest and best bid received.
Service Director Bock said this company has done the striping previously and were the low bidder. There were four bidders; the next lowest bid was $83,600 and the other two were over $100,000. Mr. Bock said they put some timing stipulations in the contract to match what was done last year. Regarding the work done last year by American Road Logistics, Councilman Woodin said the lane marking still looks fresh from last year’s work. Mr. Bock said they did a good job but the mild winter also helped.
RESOLUTION NO. 2020-27 Motion carried 7 to 0
A resolution authorizing the Fire Chief to prepare plans and specifications and to advertise for bids for the Willoughby Fire Department Vehicle Exhaust Removal Systems, and declaring an emergency. The Fire Chief is hereby authorized to prepare plans and specifications and to advertise for bids for the Willoughby Fire Department Vehicle Exhaust Removal Systems; such expenditure to be made from the Capital Fund.
NOTE:
The purchase of the Vehicle Exhaust Systems will be made utilizing awarded grant funds that will cover 90% of the cost, with the remaining balance from the Fire Department Budget.
Fire Chief Ungar said the City received a grant last year. He said there isn’t a state bid for the removal system so specifications will need to be prepared prior to bidding. He said the fire station is 20 years old and the old system doesn’t fit the grant specifications. The hoses will actually hook up to the trucks; the old system is a fan and filter system and not as effective as the system they received the grant for.
NOTE:
For accuracy, this section has been copied from the "official council meeting minutes."
MAYORS REPORT
Mayor Fiala thanked Diane Bosley and her team and the Directors for all their hard work on the budget. He said he wanted to point out that the actual expenditures for the City went down 1.6% last year and actual revenues went up 5.2%. Councilman Woodin thanked the Mayor for keeping up with all his work on the erosion issues.
DIRECTOR’S REPORTS
Law Director Lucas – No report. Regarding the Special Improvement District (SID) for downtown Willoughby that fell apart, Mr. Woodin asked if property operators can get together and force property owners to pay SID taxes. Mr. Woodin asked if shop owners can get together and assess a tax on property owners. Mr. Lucas said no, it’s the property owners that organize the SID. Mr. Woodin asked what the percentage of property owners within a geographic area that would be needed to approve the tax. Economic Development Director Thielman said it’s 60% of the frontage. Mr. Thielman said the DTW SID that was initiated by former Mayor Dave Anderson along with other property owners is still working toward that SID. When it looked like it was going to fail the first time around, a group of the property owners themselves got together and started having meetings. Mr. Thielman said this group is getting close to achieving the percentage needed adding a few more property owners today. A geographic boundary was created from the old Sims Buick dealership to Sheraton Furniture and then back to Clark Street and includes Glenn Avenue and Spaulding. Within that boundary, 60% of the frontage needs to be obtained for the SID. Mr. Woodin asked what the costs would be. Mr. Thielman said it based on linear footage; it’s approximately $7.11 per foot based on raising $100,000 annually for the SID. Mr. Woodin asked if the property owners who also run their businesses out of the property are in favor of the SID as opposed to property owners who lease the property. Mr. Thielman said it was a good mix. Once that 60% of property owners agree to the SID, 100% of the property owners will be assessed through their property taxes. Once the county collects the money, it will be routed to the City and the City will disburse it to the SID organization. There were previous discussions if the City would join the SID because the City has frontage throughout different areas of downtown. The City will be assessed representing about 25% of the SID area. Mr. Woodin asked what the money will be used for. Mr. Thielman said a plan is being developed for the use of the money; however, it can be used for enhancements to different amenities, marketing, the development of a website for downtown events, snow shoveling, etc. Mayor Fiala said the City will continue to provide security for events and other services. Mr. Thielman said a five year plan would need to be created and the SID would need to be renewed every five years.
Service Director Bock – Regarding the street sweeper, Mr. Bock said in September or October, the county swept every street in the City and are scheduled to do so again in April. The City’s street sweeper is down due to a fire and is currently being repaired and should be working again in March. Regarding the schedule of work being done downtown, the contractor is working four, 10 hour days. They worked last Sunday, therefore, they didn’t work on Thursday. Recent work required water shutdowns which is why the work was completed on a Sunday, so businesses were not affected. He said there won’t be a lot of work this week and next week; pressure testing and chlorination work is being completed. This work is being completed by the utilities department in which they must pass three consecutive tests. They will need to start over if they fail one test. Mr. Bock said the bridge lighting (on Mentor Avenue) has been completed and is fully functional. Mr. Tomaselli asked who is responsible for the lights. Mr. Bock said the City is responsible for those lights as well as the underpass lights on Rt. 2 and the railroad underpass. He said there was a short in the line; small animals can get inside the conduit and chew threw the wiring. Conduit needed to be replaced and also new wiring. The City does as much of the work as possible in house but some work is done by contractors. Regarding the underpass lights, the City used NOPEC money to convert the lights to LED.
City Engineer Sayles – Reported the pre-construction meeting was held today for the fill project on Euclid Avenue (the old Tigner building). He said he told the contractor at the meeting to make sure that Euclid Avenue is kept clean during the project. The SWPP plan was approved today and they can begin bringing dirt in immediately; the fill being used is immediately available.
Building Inspector Keller – Thanked Council for the approval of Ordinance No. 2020-22 amending the zoning map. He thanked Law Director Lucas for resolving some of the issues with the addresses. He thanked everyone who was involved in the process with a lot of work sessions, meetings and e-mails. He recognized Kris Hopkins from CT Consultants for her work on the project.
Parks & Recreation Director Banker – No report. Regarding the perimeter fence at Osborne Park, Mr. Woodin said the fence has been damaged in areas and he would like to address it at some point in the near future. Key fobs and letters for the senior center should be mailed out by next week. Mr. Kary thanked Ms. Banker for her efforts in putting together the summer concerts at Osborne Park and the upcoming dinners at the golf course.
Finance Director Bosley – Ms. Bosley said she will be getting out to Council the information that Ms. McNeill requested earlier in the evening. She said the auditors have started with some new information being requested. She received word that the City has received the same bond rating. Ms. McNeill thanked Ms. Bosley for her hard work on the budget.
COUNCIL REPORTS
Mr. Woodin – Mr. Woodin thanked Ms. Bosley and the directors for their hard work on the budget.
Mr. Kary – Reminded everyone about his Ward 2 meeting at the golf course at 6:30 p.m. tomorrow night. Steven Thompson will be there and Mayor Fiala will give a state of the City.
Mr. Tomaselli – Mr. Tomaselli said he appreciates the efforts by the directors and Finance Director Bosley.
Mr. Anderson – Reported his Ward 5 meeting is next Monday, March 9th at 7:00 p.m. at the senior center. A representative from the school board will be in attendance. Nora’s Public House (the old Morehouse) officially opens tomorrow. Westel’s (formerly Cork’s) will open next week.
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
A great deal is happening in the City, DTW water lines are being addressed, Erie Street (between the tracks) is being addressed, and we are all hoping for the best with the health situations we are facing regarding the coronavirus.
City of Willoughby and Coronavirus (COVID-19)
As information continues to evolve concerning the Coronavirus, COVID-19, we are constantly evaluating our actions to help protect the health and safety of our community. In an effort to limit the spread of COVID-19, the following measures have been implemented:
FACILITIES
Willoughby City Hall is open from 8 am – 4:30 pm, Monday through Friday. Beginning Monday, March 16th, all meetings for outside organizations will be canceled through at least April 3rd. Meetings for Shade Tree Commission, Board of Building Code of Appeals and the Ingress/Egress Board will be rescheduled during this time as well. We will re-evaluate the status of future meetings on April 3rd.
The Willoughby Senior Center will close at 4:30 pm on Friday, March 13th and remain closed until at least until April 5th. We will re-evaluate conditions at that time. This closure includes the access to the Union Village Field House and walking track. All programs, events, trips and activities during this time have been postponed.
All programs, activities and trips scheduled through the Parks and Recreation Department will be postponed through April 5th. Please consider registering for future spring/summer programs online at www.willoughbyohio.activityreg.com or by phone at 440.953.4200.
Thank you for your patience and understanding. Our number one goal is the safety and well-being of our residents and community.
SLOWING THE SPREAD OF GERMS:
We are committed to providing a clean and safe facilities for our community and employees. We strongly encourage all residents to follow the CDC and the Ohio Department of Health guidelines by practicing healthy habits designed to limit the spread of the virus:
• Stay home if you are sick
• Avoid close contact with people who are sick
• Avoid touching your eyes, nose and mouth
• Cover your cough or sneezes with a tissue and properly dispose of the tissue
• Clean and disinfect frequently touched surfaces (copiers, laptops, cell phones, etc)
• Wash your hands often, for at least 20 seconds
Additionally, our Service and Buildings/Grounds Departments are proactively increasing our sanitation efforts within our facilities and our service vehicles.
Please be advised that our Police Department, Fire Department, and Dispatch Center remain fully staffed and operating as usual to serve the needs of the City.
INFORMATION AND UPDATES:
Communication between the City and residents during this time is critical. We will continue to actively monitor the situation with the understanding that additional cancellations may be included at any time. City updates will be posted on www.willoughbyohio.com and the City of Willoughby Facebook Page.
For public health inquiries or questions please contact:
Centers for Disease Control: www.cdc.gov
Lake County General Health District: https://www.lcghd.org/
The Ohio Department of Health COVID-19 hotline: 1-833-4-ASK-ODH
NOTE
The views I express in these Council Meeting Summaries are my own and do not reflect any official view or position of the City of Willoughby. The “official” Council Minutes are posted on the
City of Willoughby Website