MEETING NOTES NOVEMBER 16, 2021
Willoughby City Council Meeting Summary
• November 16, 2021 •
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/
PUBLIC HEARING - 7:10 p.m. - In Recess
Proposed Zoning Map Amendment
•Council President Carr said the public hearing is currently in recess; it will remain in recess this evening.
LEGAL NOTICE
Pursuant to Chapter 1115.03(f) of the Codified Ordinances of the City of Willoughby, Ohio notice is hereby given of a Public Hearing to be held by the Council on Tuesday, October 19, 2021, at 7:10 p.m. (remote access through Zoom) in the Municipal Building, One Public Square, Willoughby, Ohio.
Said hearing is for a rezoning application initiated by George Davis of GD3 Ventures, 9124 Tyler Blvd., Mentor, OH 44060 for the rezoning of PPN #27-A-031-0- 00-017-0 and the partial rezoning of PPN #27-A-031-0-00-002-0, #27-A-031-0-00-016-0, and #27-A-031-0-00-018-0 from an R-100 zone district to an R-80zone district.
Persons affected may appear at said hearing and may speak for or against the proposal either in person or by attorney.
ENVIRONMENTAL PLANNING COMMITTEE MEETING:
Committee: Ken Kary, Dan Anderson, Dan Garry
* The purpose of the Environmental Planning Committee meeting is to review:
EAS #6-7-21
The proposed project is for the construction of an addition to an existing building to include three restaurants and a common dining area located at 36944 Vine Street (Vine Street Sunoco).
It was determined that there would be a reduction of curb cuts for this business to control traffic. One that will remain will be ONLY ingress.
Landscaping will be increased with a commitment to maintenance.
Fencing between the property and rental property will be upgraded.
The Face of the three restaurants will be consistent in design.
Traffic, Ingress-Egress, were the most critical issues to be addressed. This EAS was recommended to Council for passage. The project is expected to start soon.
EAS #13-10-21
The proposed project is for the construction of a subdivision consisting of Forty-Eight (48) Fee Simple Townhomes located on the south side of Euclid Avenue (Shepherds Glen).
This is a plan to complete the Shepherds Glen development. The Developers will address Storm-water management on several levels. Upgrades and commitments to address any potential issues that may arise with neighboring properties. This EAS was recommended to Council for passage. Model units should be up by Summer 2022.
AGENDA
REGULAR COUNCIL MEETING
November 16, 2021
ABSENT:
Councilwoman, McNeill
APPROVAL OF MINUTES-
Regular Council Meeting of November 2, 2021
STANDING AND REGULAR COMMITTEE REPORTS
No significant reports
CORRESPONDENCE
No correspondence
PUBLIC PORTION
Brent Woerner, 39385 King Edward Court - Regarding Ordinance 2021-112 and the public hearing on the agenda this evening, Mr. Woerner asked what the City's intentions were. He said the same parcel numbers are listed on both Ordinance 2021-112 and the public hearing notice. Council President Carr said the public hearing is in recess and will remain in recess because the zoning request has been tabled. He said there are two pieces of legislation on the agenda tonight regarding the purchase of property; both of those items will be tabled because contracts have not been finalized. Mr. Woerner asked if the City is purchasing parcels for a park. Mayor Fiala said the City is considering purchasing parcels that are different than the parcels the developer is considering noting the parcels have not been split. Law Director Lucas said both pieces of legislation will be placed on the table because there are some modifications that took place with the parties involved as well as some third parties. He said discussions regarding contracts under negotiations should not take place.
Mr. Woerner asked about the status of the apartments located next to the courthouse. Chief Building and Zoning Inspector Keller said the apartments are sitting empty. There are still building code issues on the interior; an occupancy permit will not be issued until those are issues are corrected.
UNFINISHED BUSINESS
RESOLUTION NO. 2021-102 – UnTabled Motion carried 6 to 0
A resolution approving EAS #6-7-21 for construction of an addition to the existing building to include three restaurants and a common dining area located at 36944 Vine Street (Vine Street Sunoco).
Mr. Carr said this EAS was discussed this evening; legislation will be removed from the table and voted on.
RESOLUTION NO. 2021-104 -UnTabled Motion carried 6 to 0
A resolution approving EAS #13-10-21 for the construction of a subdivision consisting of Forty-Eight (48) Fee Simple Townhomes located on the south side of Euclid Avenue (Shepherds Glen).
Mr. Carr said this EAS was discussed this evening; legislation will be removed from the table and voted on.
NEW BUSINESS:
RESOLUTION NO. 2021-105 Motion carried 6 to 0
A resolution approving Change Order No. 2-Final in the 2020 Concrete Pavement Slab Replacement Project with A & J Cement Contractors, Inc., and declaring an emergency. City Engineer Lannon said this was a grant project from last year that ended up being $18,000 below contract. Due to the grant, it left $9,000 in state money unspent. The contract and quantities were extended. All grant money was spent and the contract went over by just one concrete slab.
ORDINANCE NO. 2021-106 Motion carried 6 to 0
An ordinance repealing Chapter 162 of the Codified Ordinances of the City of Willoughby, Ohio, titled, "CleanCity Commission".
Mayor Fiala said essentially the City eliminated the Shade Tree Commission and created a Shade Tree Department.
Law Director Lucas said the City is repealing the Clean City Commission but it is still operating as an independent association. The association will continue with tasks that were performed under the commission. The Mayor indicated he would like to continue having a member of the Council be part of the Clean City Association and act as a liaison between the City and the association.
RESOLUTION NO. 2021-107 Motion carried 6 to 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 establish modification to the equalization of overtime requirements of Article 35 of the agreement between the City of Willoughby, Ohio, and AFSCME, and declaring an emergency.
WPCC Assistant Superintendent John Hall said this amendment will equalize the overtime at the WPCC; no one will be able to file a grievance against the City. He said right now the way the contract reads; any overtime will be filled by the abutting shift and they have the right of first refusal. With this amendment, the operators will look at the overtime list and if anyone is behind by 16 hours or more, that individual would be called and given the chance to accept the overtime or refuse it. Mr. Hall said this amendment also helps with scheduled overtime shifts. He said the plant is on one-man shifts with scheduled, scattered overtime days throughout the year. If you are the low man operator, you cannot pick and choose your overtime. Mr. Carr asked if the shifts at the plant are different than the rest of the Service Department. Service Director Palmisano said the plant has 8 and 10-hour shifts and is manned 24/7 throughout the year. He said scheduling is a complicated task.
RESOLUTION NO. 2021-108 Motion carried 6 to 0
A resolution authorizing the Mayor to enter into a contract with Morton Salt, Inc. in the amount of $258,500 to provide bulk de-icing salt for the season 2021/2022, with a commencement date of November 5, 2021, and declaring an emergency.
Service Director Palmisano said the City reached out to three companies and Morton Salt was the only one that responded back. He said their price was very favorable. Prices fluctuate every year depending on whether or not a company has to store leftover salt. Mr. Woodin asked how the City fared last year with storage. Mr. Palmisano said the City is responsible for up to 90% of the amount that was bid on; when there is an overage the company will charge the City for storage. He said the City is fortunate because approximately 1,000 tons were stored last year in our bin. Mr. Woodin asked what the time frame was to obtain the 90%. Mr. Palmisano said he believes it’s April. Mr. Woodin asked if the City could sell the extra salt to another municipality. Mr. Palmisano said no one has ever asked that question. Mr. Anderson said most municipalities were storing salt from last year. Mr. Tomaselli asked if the contracts were always one year. Mr. Palmisano said yes.
ORDINANCE NO. 2021-109 Motion carried 6 to 0
An ordinance amending Chapter 943 of the Codified Ordinances of the City of Willoughby, Ohio titled, Tree Planting and Management".
Mr. Carr said this Ordinance has language that provides for a Shade Tree Department. Mayor Fiala said this newly created department still provides for the requirements for the City to be a Shade Tree City USA. Arbor Day festivities will still take place. Mr. Woodin asked if there was a budget or if one has to be created. It was confirmed there already was a budget. Mr. Woodin asked if the tree cutting and trimming from the Service Department comes out of that budget. Mr. Palmisano said if workers are trimming trees on tree lawns that would come out of the Service Department budget. He said there are some funds in the Shade Tree Department for tree removal. Mr. Woodin asked if dead trees could be removed at Osborne Park. Mr. Palmisano said tree removal around the City is an endless task as there are trees all over the City that need to be trimmed. He said the larger trees are assessed to see if pruning or removal needs to take place
ORDINANCE NO. 2021-110 Motion carried 6 to 0
An ordinance repealing Chapter 161 of the Codified Ordinances of the City of Willoughby, Ohio, titled, "Shade TreeCommission".
RESOLUTION NO. 2021-111 Motion carried 6 to 0
A resolution authorizing the Mayor to enter into an agreement for the sale and development of 2.337 acres of real estate and building with Liberty Development Company, and declaring an emergency.
Mr. Carr said Law Director Lucas sent out an e-mail regarding this Resolution and the next Ordinance stating the contracts are not finalized yet. Mr. Lucas said both agreements were in final form but there were some subsequent interactions requiring modifications over the weekend and on Monday as well. He has requested that the Council table both pieces of legislation. An executive session will take place prior to Council voting on the legislation.
ORDINANCE NO. 2021-112 Motion carried 6 to 0
An ordinance authorizing the Mayor to enter into an agreement with Andrews Osborne Academy for the purchase of real property; said real property located with frontage on Mentor Avenue and Ridge Road and further identified as permanent Parcel Nos. 27A0310000160, 27A0310000170, and 27A0310000020, and declaring an emergency.
This ordinance will be tabled.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
No report. Mr. Carr asked what the status was on combining the Design Review Board and Sign Review Board. Mayor Fiala said he was still working on combining those two boards along with amending some other code sections. Mr. Carr asked if there was a ribbon-cutting date for "The Bridge". Mayor Fiala said the ribbon-cutting should take place before the end of the year.
Mr. Tomaselli asked if the City is interested in protecting the brick building at the corner of Third Street and Clark(near the post office). Mayor Fiala said he would check into it.
DIRECTOR’S REPORTS
Service Director Palmisano - Mr. Palmisano said leaf pickup continues with extended days starting next week. Regarding the paving on Lakeshore, the final inspection was completed resulting in a punch list of five items. He is hoping those items are completed by the end of the month and the project can be finalized. Regarding the paving on Rt. 84, the contractor will be out tomorrow to work on intersections. The contractor is currently in the middle of striping with traffic loops at Kirtland Road and Oakdale to follow. He doesn't anticipate the curbing will be done this year. Regarding the road program, there are three streets that have not been finalized; they have a basecoat. Burton Scot will be in town tomorrow and those three streets will be completed. Parkway, Comanche, Wood Road, and Elmwood will not be completed due to weather; these roads will be done next spring. Mr. Carr voiced concerns about snowplows tearing up more curbs this winter on Rt. 84 and asked if the contractor would take care of that work on their dime. Mr. Palmisano said he asked ODOT that earlier today, but doesn't have an answer yet. Mr. Palmisano said he is currently having those areas of the road staked out to keep the plow drivers away but there are no guarantees. Mr. Woodin asked if letters could go out to the homeowners who live on the streets that won't be paved this year explaining why.
Police Chief Schultz - Chief Schultz said at the last meeting there was a resident who was concerned with cars speeding on Robinhood. He said in the past two weeks, his officers have done nine targeted traffic enforcements resulting in nine vehicles that were stopped for speeding. He is hoping this will slow down the cars on Robinhood.
Parks & Recreation Director Banker - Ms. Banker said the downtown Christmas lighting is scheduled for Thursday, December 2nd at 7:00 p.m. There will be a Santa Parade on 12/17 and 12/18.
COUNCIL REPORTS
No major reports
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
At this time of the year, I would like to take the opportunity to wish everyone a Merry Christmas and Joyous Holiday Season. From the Kary Family, Beth and I hope the beauty of the holidays warm your spirit.
Happy Holidays from our family to yours
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/