Meeting Notes September 1, 2020
Willoughby City Council Meeting Summary
• September 1, 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
ECONOMIC DEVELOPMENT COMMITTEE MEETING:
Committee: Katie McNeill, Ken Kary, Chris Woodin
Economic Development Director, Tom Thielman
The purpose of the Economic Development Committee Meeting is to discuss:
· Economic Development Update
· Codified Ordinance Updates
SUMMARY:
Director Thielman took time to discuss with Council, plans to update again more of our ordinances.
Some of those discussed were:
Public Art Code (which we do not have)
· Art installations would require approval by the Willoughby Arts Collaborative.
Arts Development Fee Program
· Private developers would contribute to a fund for the creation and installation of public art projects.
Vacancy Fines
· To encourage landlords to fill vacancies.
Clarification of a Restaurant
· Help the city to better define a Bar, Restaurant, Nightclub.
Permits for Street Closure
Codes to govern
· Rallies, demonstrations, protests, etc. on public property.
· Review of guidelines prepared by the ACLU to ensure First Amendment rights are respected
Code with specific language that may allow seating in the front of a DTW establishment.
· Safety and adherence to the Board of Liquor Control is critical.
Code guiding
· Portable or temporary signs and sales racks outside.
Investigate how to manage and enforce construction schedules for private development projects.
· When to begin
· When to end or point of substantial completion
· Extensions possible for extenuating circumstances
AGENDA
REGULAR COUNCIL MEETING
September 1, 2020
ORGANIZATIONAL BUSINESS
Mayor’s appointment: Interim Director of Public Service
Mayor Fiala thanked Council for the moment of silence honoring Service Director Bock. He said Mr. Bock worked until the very end. Mayor Fiala strongly recommended
Mr. Palmisano' s appointment to the position noting the amazing job he did in Mr. Bock's absence and also through the pandemic.
Mayor Fiala appointed Rich Palmisano as the interim Director of Public Service. The motion made and seconded to confirm the Mayor's appointment.
Motion carried 7 to 0
APPROVAL OF MINUTES
Regular Council Meeting of August 11, 2020
STANDING AND REGULAR COMMITTEE REPORTS
Planning Commission, Mr. Kary - Reported the commission is currently working on two projects; one is a 47 home subdivision off SOM Center Road and a proposed development on the former YMCA site. The developer is proposing two restaurants as well as 12 fee simple townhomes.
CORRESPONDENCE
No correspondence
PUBLIC PORTION
Greg Hocevar, 38451 North Beachview - Mr. Hocevar asked for an update on the Special Improvement District (SID). The Mayor said there are three pieces of legislation on the agenda tonight regarding the SID. Mayor Fiala said the original law firm the City was working with was failing the City; therefore, another firm had to be brought it. A county-wide SID was needed in order to collateralize the amount of money necessary to do the improvements which are estimated to be about $20 million. Essentially, all of Lake County's lakefront is being collateralized to be the basis of the funding. He believes the bank will be Erie Bank. One piece of legislation on the agenda tonight is for the engagement of the new attorney, Amanda Gordon, from McDonald Hopkins. The second resolution is for the creation of the SID based on the new legal requirements from McDonald Hopkins. Economic Development Director Thielman is encouraging residents to get their temporary shoreline permits and pricing in place. Mr. Hocevar said many of the homeowners he talked to are elderly and don't have access to e-mail and have no information on the SID. An effort will be made to reach those residents who haven't been contacted. Mr. Hocevar wanted to know what the City is doing about the 11 or so City-owned lots. Mayor Fiala said the City has applied for shoreline permits on all 11 lots making the City part of the SID. Mayor Fiala said the City hasn't lost the vision for the connection between Osborne Park and Sunset Park but wants to focus on the erosion control first. Mr. Hocevar said some people aren't in favor of the plan because it makes backyards accessible to the public. Mayor Fiala said the incentive that the Euclid residents had to allow public access in the backyards was being able to receive grant money for erosion control.
UNFINISHED BUSINESS:
ORDINANCE NO. 2020-59 – SECOND READING
An ordinance declaring 100% of improvements to certain parcels of real property to be a public purpose, describing the public infrastructure improvements to be made to benefit those parcels, requiring the owners of the improvements thereon to make service payments in lieu of taxes, establishing a SOM Center I Municipal Public Improvement Tax Increment Equivalent Fund for the deposit of such service payments and related matters.
Council President Carr asked Law Director Lucas if he needed any help tying up the loose ends with this ordinance. Mr. Lucas said the City needs an infrastructure improvement plan for the property which is based on the development plan. The infrastructure improvements have a nexus to the development plan itself, but at the same time the City doesn't want it to be narrow or constricted; it also needs to be user friendly. Regarding the improvement portion of the Ordinance, the City is looking into the infrastructure improvements encompassed on Rt. 91. There was a discussion regarding the improvement beginning at Rt. 90 on Rt. 91 down to Euclid Avenue. Mr. Lucas said this legislation has a lot of working parts and appreciates Council's patience.
This ordinance remains on second reading.
NEW BUSINESS:
RESOLUTION NO. 2020-74 Motion carried 7 to 0
A resolution approving EAS #6-4-20 for the construction of a subdivision consisting of forty-seven (47) single-family homes located at 5363 SOM Center Road (Abbott’s Mill).
The application submitted by Gregory C. Sommers, Member, for the construction of a subdivision consisting of forty-seven (47) single-family homes located at 5363 SOM Center Road (Abbott's Mill) is approved, and the Council hereby determines that, based on environmental considerations, such project shall be allowed to commence or be constructed subject to compliance with all applicable ordinances and regulations of the City of Willoughby and statutes of the State of Ohio.
Mr. Carr said the EAS was approved by Council for the rezoning; this is the approval for the development plan. He asked if this EAS could have been done together. Mr. Lucas said under the current zoning code, an EAS can be applied to a preliminary development plan and also for rezoning. However, these two items are listed separately on the Planning Commission's agenda which is permitted. But what happens typically is the development plan is expressly conditioned upon the rezoning occurring. Therefore, the Planning Commission is not in a position to send an EAS to Council for the development plan itself until the rezoning has been approved. Mr. Lucas said he has requested the development plan remain on the table with the Planning Commission until Council has approved the rezoning and the EAS associated with it. He said this is the way the procedure needs to be followed as a legal necessity. Mr. Carr asked Mr. Kary if he had any information regarding the wetlands study. Regarding the wetlands permitting, Mr. Kary said a local company, HzW Environmental Consultants, is currently working on the permitting and submitting the final permits that will come shortly. Regarding the timeline of the project, he said a timeline was submitted today. The timeline states by the winter of 2021, the infrastructure will go in and by the spring of 2021, the streets will go in. Councilman Tomaselli asked if the developer was aware there was another development in the City called Abbott's Mill that may be confusing. Mr. Carrsaid the developer is aware of it and would look into a new name.
RESOLUTION NO. 2020-75 Motion carried 7 to 0
A resolution authorizing an expenditure in the amount of $328,191.00 to Pfund Superior Sales Co., Inc. for the purchase of a 2019 Ford F-550 4X4 LifeLine Type 1 Ambulance for use by the Willoughby Fire Department, and declaring an emergency.
The 2019 Ford F-550 4X4 Life Line Type I Ambulance is an allowed expense under the CARES Act Funding, and it is in the best interest of the City to purchase the new 2019 Ford F-550 4X4 Life Line Type I Ambulance from P-fund Superior Sales Co., Inc. through the State of Ohio Cooperative Purchasing Program without bidding or advertising.
Mr. Carr said CARES money is being used for this purchase. Fire Chief Ungar said an ambulance was a scheduled capital item this year and obviously with the funds being the way they were, it was probably was not going to happen. This is a demo unit and close to what is currently used in the department. Mileage was a concern given it is a demo unit but the unit only had 1,300 miles on it.
RESOLUTION NO. 2020-76 Motion carried 7 to 0
A resolution approving Change Order No. 1 in the Willoughby Fire Department Vehicle Exhaust Removal Systems Contract with Clean Air Concepts, and declaring an emergency.
Change Order No. 1, increasing the Contract amount and extending the completion date in the Willoughby FireDepartment Vehicle Exhaust Removal Systems Contract with Clean Air Concepts, is hereby approved in accordance with the recommendation of the Chief of Fire, and to that extent, said Contract is amended.
Chief Ungar said one run was too short for the hook and ladder truck. The quote received was over $9,000. He said there is still $13,000 left in grant funding that will pay for the change order. The cost to the City is $926.
RESOLUTION NO. 2020-77 Motion carried 7 to 0
A resolution declaring certain obsolete and/or damaged equipment; specifically, fitness equipment, owned by the City of Willoughby and no longer serviceable for the Fire Department, as surplus, and authorizing the disposal thereof.
It is hereby found and declared that certain obsolete and/or damaged equipment; specifically, fitness equipment, which is owned by the City of Willoughby, is no longer serviceable for the Fire Department and no longer needed for public purposes, therefore, said equipment is declared surplus and authorized to be disposed of according to the statute.
Chief Ungar said at the recommendation of Councilman Carr and Councilwoman McNeill, Andrews Osborne Academy was contacted and has graciously accepted this equipment.
ORDINANCE NO. 2020-78 Motion carried 7 to 0
An ordinance certifying to the Auditor of Lake County certain unpaid bills owing to the City of Willoughby, Ohio, and declaring an emergency.
The request for payment regarding the Service Department cutting grass for violations. Commercial and Residential
Let’s collect those monies!!!
Mr. Carr said this is for the noxious weeds. Mr. Palmisano said commercial and residential lots that have not been mowed get cut on a regular basis by the Service Department. Ms. Bosley said the certification to the auditor is done on an annual basis to meet the September certification deadline. These will be added to the tax bills for the following year. Some of the items on the list could have happened last October. Mr. Woodin said he noticed one of the properties listed was recently sold and the infraction happened while it was for sale. It looks like the tax assessment will be going to the new owner. Ms. Bosley noted that if the City isn't notified of the exchange of the property and a request isn't made, it will go to the new owner. Mr. Woodin said it is something the property owner could work out with the title company.
RESOLUTION NO. 2020-79 Motion carried 7 to 0
A final resolution proposing to cooperate, enter into a contract and request the Director of the Ohio Department of Transportation to proceed with the resurfacing of Ridge Road/Johnnycake Ridge Road (S.R. 84) between SOM Center Road (S.R. 91) and the eastern corporation limit within the City of Willoughby, Lake County, Ohio, and declaring an emergency.
City Engineer Lannon said this is the final resolution before ODOT bids the project out on October 1st. The bid for Lakeshore will take place on December 1J1h with spring construction for both projects. Councilman Tomaselli asked if the City will be getting reimbursed for the maintenance and patching that was done on the roads. Mr. Lannon said he believes that was discussed earlier when plans were filed but he will check on that.
RESOLUTION NO. 2020-80 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into a contract with A & J Cement Contractors, Inc. in the amount of $215,650 for implementation of the 2020 Concrete Pavement Slab Replacement Project aka Lost Nation Road and Airport Parkway Concrete Pavement Slab Replacement, and declaring an emergency.
Mr. Lannon said A & J Cement has done many projects throughout the City over the years. Due to COVID, there was a delay in getting funds which is a 50% grant, and in order to get the best competitive bids for this project, the completion date was set for the middle of next year. He's hasn't heard from the contractor if they want to get started this year. Mr. Woodin asked if A & J Cement had done work in the City before. Mr. Palmisano said they have been subcontractors under other contractors previously.
RESOLUTION NO. 2020-81 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into a Letter of Engagement, with McDonald Hopkins LLC, relative to the establishment of a Special Improvement District for Shoreline Erosion Control Purposes with neighboring communities to the City of Willoughby, and declaring an emergency.
The Mayor is hereby authorized to enter into a Letter of Engagement, with McDonald Hopkins LLC, 600 Superior Avenue, East, Suite 2100, Cleveland, OH 44114 relative to the establishment of a special improvement district for shoreline erosion control purposes (the "SID") with neighboring communities to the City of Willoughby; said Letter of Engagement substantially in the form now on file in the Law Department.
Mr. Carr said Tom Thielman discussed this resolution earlier during the Economic Development meeting.
RESOLUTION NO. 2020-82 Motion carried 7 to 0
A resolution approving a petition for the creation of a Shoreline Special Improvement District and for the Levy of Special Assessments for Shoreline Improvement Projects, and declaring an emergency.
Mr. Carr said Tom Thielman discussed this resolution earlier during the Economic Development meeting.
RESOLUTION NO. 2020-83 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into a Municipal Tax Incentive Agreement with Cast Nylons Co., Ltd., pursuant to R.C. Chapter 718, and declaring an emergency.
Cast Nylons Co., Ltd. has submitted an application to the City of Willoughby for municipal tax incentives;
SECTION 1. That the Mayor is hereby authorized to enter into a Municipal Tax Incentive Agreement with Cast Nylons Co., Ltd., 4300 Hamann Parkway, Willoughby, Ohio 44094, consistent with the parameters and guidelines heretofore established by Agreement; such Agreement substantially in the form now on file with the Economic Development Director.
Mr. Carr said Tom Thielman discussed this resolution earlier during the Economic Development meeting.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Mayor Fiala reported there may be a problem with the e-gov system with one Councilman's e-mail blacklisted for no apparent reason; he has not been getting notifications through e-gov. The City will go back about six months to make sure no other e gov messages were missed. He said Shana Boyd is looking into a new system to replace e gov. Mayor Fiala thanked Council for confirming the interim appointment of Rich Palmisano as Service Director.
DIRECTOR’S REPORTS
Interim Service Director Palmisano - No report. Mr. Woodin asked if the City would be updating the grading of the roads which would identify poor roads in the City. He said he has quite a few roads in his ward that need attention. Mr. Palmisano said the two roads being paved now are using up all the funds. He said he spoke with City Engineer Lannon today about updating the ratings on the roads. Mr. Palmisano thanked Council for the appointment.
City Engineer Lannon - Reported there was a lot of work done by the county starting last week on the Waite Hill Road bridge; beams were put in place. Easement acquisitions have begun on three projects including Ward Creek improvements, Meadowlands Basin outlet improvements, and stormwater outfalls.
Fire Chief Ungar - Chief Ungar congratulated Rich Palmisano noting the loss the Service Department recently had. Chief Ungar thanked Council, Mayor Fiala, and Diane Bosley for helping with the three resolutions tonight. Regarding the Willoughby Arts Collaborative, Chief Ungar said he spoke with Paul Garcia from the Willoughby Arts Collaborative noting they have some historic items from the fire department they are working on; he believes the project will be really neat.
Police Chief Schultz - Regarding the merger with Kirtland dispatch, they have been dispatching a little over two weeks for Kirtland; it is going well with only a few hiccups. Regarding the hotel interdiction that was mentioned at the last Council meeting, he said in two weeks' time, the department has had 23 different calls at the Motel 6, 32 calls at the Skylight Inn. These calls included disturbances, narcotics, overdoes, suspicions, warrant arrests, traffic stops, and other incidents. He said there were 18 self-initiated incidents at those two hotels specifically which resulted in 7 arrests with a lot of property and evidence recovered one being a handgun but mostly narcotics. He said Operation Safe Stay is going well and will continue throughout the fall. The initiative also covers the Red Roof Inn and the Days Inn.
Building Inspector Keller - No report. Mr. Garry asked who purchased the Browning Center. Mr. Keller said it was a local resident who plans on keeping the character of the building.
Parks & Recreation Director Banker - Reported that the state is allowing senior centers to re-open. The guidelines came out yesterday; she and Amy Skolny will be doing a Zoom call with other senior center managers, The Lake County Board of Health, and perhaps The Lake County Council on Aging on what will be permitted. She said in the past two weeks, the senior center received 125 hot lunches that were distributed to seniors in need. Mr. Carr asked if any COVID preparations have been made at the senior center. Ms. Banker said glass has been ordered and is ready. Some no touch functions have been added. Creative ideas for different activities need to be discussed and thought through.
COUNCIL REPORTS
Mr. Woodin - Mr. Woodin said he was very sorry for the loss of Mr. Bock. He congratulated Rich Palmisano.
Mr. Kary - Mr. Kary said Mr. Bock stepped up and served Willoughby very well in his few years he was here. He congratulated Rich Palmisano.
Mr. Tomaselli - Mr. Tomaselli said Lee Bock did an awesome job in his tenure with the City and said it will run smoothly with Rich Palmisano.
Mr. Anderson - Mr. Anderson said Lee Bock will be missed; Rich Palmisano will do a great job.
Mr. Garry - Mr. Garry echoed the sentiments regarding Mr. Bock. He welcomed Rich Palmisano to his new position.
Ms. McNeill - Ms. McNeill welcomed Rich Palmisano; she heard great things about him. She said Mr. Bock holds a special place in her heart.
Mr. Carr - Noting that the first meeting in November is scheduled on Election Day, he asked Council if they had any thoughts on whether they wanted to meet that night. Ms. McNeill asked if Council would be going back to regular in-person meetings. Law Director Lucas said the consensus among the municipal league lawyers is that a hybrid meeting is acceptable. There was a question whether or not the technology is ready in Council chambers.
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
As the City Council Member, on the Planning Commission, I would like to share a couple of projects that are planned for the City soon.
First, both are to be created by the same Developer, Marous Development Group.
They have a long-standing in Willoughby, and their “NEW” Corporate Offices are in the construction phase NOW.
They will be located on Vine Street near Rt. 2 and the entrance ramp to travel EAST toward Painesville.
The first I would like to share is now their plans to created PHASE III of Riverwalk. If you are not aware of Riverwalk, it is the Apartment Complex on Mentor Avenue, across from Andrews/Osborne School. The proposal they are presenting to Planning Commission is for a new CENTER BUILDING to house 84 Studio Apartments, 42 one-bedroom, 32 one- bedroom with a den, and 8 two-bedroom units. That would be a total of 166 NEW APARTMENTS on this site. They have approximately 90+% occupancy of the building to the West and the building to the East. More will be shared on this proposed project as it appears in front of the Planning Commission.
A second Proposal is the creation of a second Apartment Complex right in Downtown Willoughby on Second Street. This would be called Marous Place On 2nd. This would be a plan for 38 units:
· 17 Studio Units
· 21 One Bedroom Units
Currently, the plan is for a very contemporary structure with on-site parking
Because these two plans are quite SIGNIFICANT for OUR CITY:
I want to share that in the Planning Commission Meeting on September 10th, I was able to get the Developer to agree to hold PUBLIC MEETINGS. These would involve the Developer and YOU, the residents of Willoughby (before ANY FURTHER ACTIVITY), for the sole purpose of having him share his plans for these two projects.
I also asked that those residents who wish to attend would have an opportunity to comment on and ask questions regarding these two Projects. I shared with the Developer that OUR RESIDENTS have a right to complete transparency on projects like this and that THEIR VOICE is critical.
More on this later when we set up the TIMES AND LOCATIONS of these Public Forums.
Best wishes to all, and Stay Healthy and Safe!
Sincerely,
Councilman Kary
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