Meeting Notes December 15, 2020
Willoughby City Council Meeting Summary
• December 15, 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
https://willoughbyohio.com/city-council/
This evening’s Council Meeting represents the tremendous amount of investment being made into the City of Willoughby. The meeting started out with two very significant Environmental Assessment Statement reviews. One for the completion of the Marous Development on Mentor Avenue across from Andrews/Osborne School. This project will be complete with the creation of a final 166 apartments. Just a note, these are well above average in monthly rent. Next is another development for Marous, the 35 apartments to be built on Second and Clark. Finally, the Standard on Lakeshore, a new residential development where there will be 27 Townhomes built across from Osborne Park.
ENVIRONMENTAL PLANNING COMMITTEE MEETING
Committee:
Ken Kary, Dan Anderson, Dan Garry
*The purpose of the Environmental Planning Committee meeting is to review:
EAS #11-11-20
This application is for a Development Plan/EAS application initiated by Lynn Harlan of Marous Development Group, 38119Stevens Blvd., Willoughby, OH 44094 for a 4-story, 166-unit apartment bldg. located at 38501 Mentor Ave. All materials to complement existing adjacent buildings. This property is zoned Downtown Business District.
The Planning Commission approved EAS #11-11-20 with the following notations:
• Conditional Use Permit required for height. P/C approval expressly conditioned upon this approval at the next meeting.
• WFD had concerns on turning radius for fire apparatus. Applicant reworked plan and approved by Fire Marshal Kocab. The project will increase demands for fire services.
• No impact on schools.
• Timeline for construction is Spring of 2021.
• City Engineer, Sanitary sewer has the capacity, stormwater retention is per code, but will review past submittals to confirm. A traffic signal study should be required. See attached comments.
• A traffic signal warrant study should be required for the main driveway and include Andrews traffic to the driveway on the south side of Mentor Ave.
EAS #12-11-20
This application is for a Development Plan/EAS application initiated by Lynn Harlan of Marous Development Group, 38119Stevens Blvd., Willoughby, OH 44094 for a 3-story, 27,835 sq. ft., 35-unit apartment bldg. in a D-8 district, Sub District E.
The Planning Commission approved EAS #12-11-20 with the following notations:
• WFD & WPD, no concerns.
• Developer will work with surrounding neighbors to obtain more parking for tenants and visitors.
• All construction staging will be done on-site.
• No impact on schools.
• Timeline for construction is Spring of 2021.
• City Engineer, existing utilities can handle demands. The Sanitary sewer has capacity.
• Stormwater retention is per code. See attached comments.
• This development will include stormwater retention per code to limit discharge to natural land cover conditions per 1171.10 since the city system was not designed to accommodate fully developed land near Second and Clark.
AGENDA
REGULAR COUNCIL MEETING
December 15, 2020
ABSENT: Councilman Woodin
APPROVAL OF MINUTES-
Regular Council Meeting of December 1, 2020
STANDING AND REGULAR COMMITTEE REPORTS
No significant reports
CORRESPONDENCE
No correspondence
PUBLIC PORTION
No one spoke
NEW BUSINESS
RESOLUTION NO. 2020-119 Motion Carried 6-0
A resolution authorizing the Mayor to enter into a Memorandum of Understanding with GD3 Ventures I, LLC, to memorialize the required performance of certain conditions imposed by the Planning Commission of the City of Willoughby for approval of the Conditional Use Permit for the Standard on Lakeshore, a new residential development, retroactive to December 6, 2020.
Law Director Lucas said the Memorandum of Understanding (MOU) will eliminate the phasing of the development. It also addresses one of the City's major concerns that when the developer sells the residential units, it will be done at a market rate as defined in the MOU. The MOU also imposes short term leasing ability on the developer not to exceed one year for each unit prior to the developer selling them. When the developer does sell units, there will be a restriction that the units shall not be rented (they must always be owner-occupied). These restrictions were discussed at length by the Planning Commission as part of the Conditional Use Permit that was issued.
Councilman Kary asked if the homeowner's association board could have the bylaws amended to eliminate the no rental clause. Mr. Lucas said corresponding to having the homeowner's association being established, the City would include a deed restriction on the property and record it
RESOLUTION NO. 2020-120 Motion Carried 6-0
A resolution approving Change Order No. 2 in the WPCC Capacity Enhancement Project with the Great Lakes Construction Co.
Councilman Carr said a detailed memo went out regarding the changes. Mr. Lannon said the changes were complex and the change order was negotiated. He said the largest change was the contractor's claim for change of conditions regarding dewatering.
RESOLUTION NO. 2020-121 Motion Carried 6-0
A resolution approving Change Order No. 1-Final in the 2019 Pavement Repair Program with Chagrin Valley Paving, Inc.
Mr. Lannon said the contractor finally got around to submitting their warranty deed.
RESOLUTION NO. 2020-122 Motion Carried 6-0
A resolution authorizing the Director of Finance to transfer funds from the General Fund to various other funds.
Finance Director Bosley said she received the journal entry today from the court that pays $150,000. This transfer will not include the $150,000.
RESOLUTION NO. 2020-123 Motion Carried 6-0
A resolution amending Resolution No. 2020-29 to provide for current expenses and other expenditures of the City of Willoughby, Ohio, during the period ending December 31, 2020.
Ms. Bosley said this resolution is for a net increase of $199,000 due to receiving some extra funds and setting up a separate fund for the East Island Equalization Basin Project versus leaving it in the replacement fund. The court received a grant for about $19,000 so a fund had to be created for that. There were a plus and minus in the golf course that allows them to get a new piece of equipment for next season.
RESOLUTION NO. 2020-124 Motion Carried 6-0
A resolution authorizing temporary appropriations totaling $17,807,363.00 for current expenses and other expenditures of the City of Willoughby, Ohio during the period ending March 31, 2021.
These are the temporary appropriations for the first quarter of 2021 until the budget is finalized.
RESOLUTION NO. 2020-125 Motion Carried 6-0
A resolution authorizing the Mayor to apply for and enter into a contract with the Ohio Public Works Commission (OPWC), Round 35, for funds necessary to the Meadowlands Basin Outlet Improvements and the Street Improvements Project.
Mr. Lannon said this is an application for $350,000 for the Meadowlands Basin which is about a $3 million dollar project. He said it's not automatic, but the City has never been to this point and not been funded. The street improvement portion is not likely but the City will keep trying.
RESOLUTION NO. 2020-126 Motion Carried 6-0
A resolution approving EAS #11-11-20 for construction of a One Hundred Sixty-Six (166) Unit Apartment Building located at 38501 Mentor Avenue (Chagrin River Walk Phase III).
This resolution was discussed at the Environmental Planning Committee meeting earlier this evening.
RESOLUTION NO. 2020-127 Motion Carried 6-0
A resolution approving EAS #12-11-20 for construction of a Thirty-Five (35) Unit Apartment Building located at 38025 Second Street (Marous Place on Second).
No discussion.
RESOLUTION NO. 2020-128 Motion Carried 6-0
A resolution authorizing the Mayor to enter into a Memorandum of Understanding with the American Federation of State, County, and Municipal Employees, AFL CIO, Local 1657, and Ohio Council 8 (AFSCME) necessary to the one-time exception of the requirements of Articles 26 and 12 of the agreement between the City of Willoughby, Ohio, and AFSCME, and declaring an emergency.
Law Director Lucas said there was a vacancy in the position of Equipment Operator I without a license. Per the union contract, there was a 7 day posting for the position for which no one applied. The filling of this position needed the union to agree to have an employee presently serving as a Custodian promoted to the open position prior to the employee serving the agreed time regimen as required in the contract. This Memorandum of Understanding (MOU) waives the time restriction to have the Custodian be put into the position of Operator I. The MOU states this is a one-time exception to the union agreement.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Reported that State Representative John Rodgers called informing him that $300,000 for the amphitheater has been awarded through a state capital grant. He said Eastlake received $475,000 for a boat launch and the Chagrin RiverWatershed Partners received $300,000 for the Chagrin River Trail. He said it appears the state legislatures are interested in creating a trail along the Chagrin River from Lake Erie to the City of Willoughby.
DIRECTOR’S REPORTS
Law Director Lucas
No report. Mr. Kary asked Mr. Lucas about reinstating the association at North Bay Colony. After a lengthy discussion, Mr. Lucas said it seems almost impossible to get the original homeowners association back up and running. Mr. Lucas said the homeowners’ best bet is to do what Mr. Kary suggested in that everyone contribute money to be used to mulch the island and mow the grass in common areas. Mr. Kary said he recommended the homeowners reach out to Kaman and Cusimano regarding homeowner's association law.
Service Director Palmisano
Reported that all the seasonal work is progressing on schedule and the department is ready for the winter season. Shift work will begin in a week and a half. Councilman Anderson said the department did a great job with the leaf pick up this year
City Engineer Lannon
Reported that bids are due to the Ohio Department of Transportation (ODOT) this Thursday for the Lakeshore resurfacing with early summer construction most likely. Regarding the Erie Street reconstruction, Mr. Anderson said there are spots that have settled and wanted to know if that work would be included as part of the paving program or covered through a warranty. Mr. Lannon said the county holds a three-year warranty on the work so technically it is covered by the county. He said the City could push for spot repairs which aren't ideal. He said that area will need to be looked at over the next three years.
Fire Chief Ungar
Reported he received 7 cases (14,000) surgical masks for distribution throughout the City. He said every department throughout the county was provided several thousand based on a per capita basis. He wished everyone a Merry Christmas and a Happy New Year.
Police Chief Schultz
No report. Mr. Carr asked when data would be received from the cameras that were discussed at the last meeting. He said he is hoping to have something to report in 30 days. He said he has received a lot of data over the last 5 days since the cameras have been up.
Parks & Recreation Director Banker
Ms. Banker said the Santa parade is this next weekend. She said this past weekend was the Elf movie, the lighting contest, and the gingerbread house building. She said residents are happy so far with the activities provided.
COUNCIL REPORTS
No major reports
EXECUTIVE SESSION
The purpose of the Executive Session is in accordance with ORC 121.22(G)(2)
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
• Best Wishes to ALL for a Happy New Year 2021 •
For 2021, all Council Meetings will start at 7:00 pm. They will be preceded by the Council Legislative Caucus and Committee Meetings accordingly. The typical start time for all that would be around 6:30 pm. Check for actual start times on the cities website.
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
https://willoughbyohio.com/city-council/