Meeting Notes May 4, 2021
Willoughby City Council Meeting Summary
• May 4, 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/
ENVIRONMENTAL PLANNING COMMITTEE MEETING:
Committee: Ken Kary, Dan Anderson, Dan Garry
The purpose of the Environmental Planning Committee is to address:
EAS #4-3-21(a)
For the rezoning of 3.0094 acres of real property located at 37100 Euclid Avenue identified as Permanent Parcel Nos. 27A0150000050 and 27A00150000040, and a portion of Permanent Parcel Nos. 27A0150000170 and 27A0150000180, from Residential Multi-Family Low Rise (R MF-L) to General Business (G-B).
This initial EAS was to address any environmental concerns with the re-zoning of the property listed. Again this property is planned to be developed to be a new home for Aldi Grocery. This is the “old” YMCA property near the city pool and Fire Department on Euclid Ave. There was an agreement that if any future concerns develop Aldi’s will recognize and ADDRESS!!!!!
ALDI WANTING TO BE A GOOD NEIGHBOR!!
A MORE detailed EAS will occur when the Development Plan for the Aldi Store is presented to Planning Commission.
AGENDA
REGULAR COUNCIL MEETING
May 4, 2021
APPROVAL OF MINUTES-
Regular Council Meeting of April 20, 2021
STANDING AND REGULAR COMMITTEE REPORTS
Finance and Audit Committee, Mr. Tomaselli - Reported two items on the agenda. Councilman Carr confirmed a request from Finance Director Bosley indicating the need for a committee meeting to discuss capital and sewer rates.
Clean City Commission, Mr. Garry - Mr. Garry reported the river clean-up will take place on September 11th and the community shredding event on August 21st
Shade Tree Commission, Ms. McNeill - No report.
Mr. Carr asked if the City was looking for new members due to some recent resignations. Mayor Fiala said that is correct; he will be recommending to Council to end the Shade Tree Commission and recommend a Shade Tree Department. He said the Clean City Commission is no longer a commission but rather an association. The administration will be requesting the elimination of the Shade Tree Commission and the Clean City Commission. To maintain the status of Tree City USA, the City doesn't need a commission but will need a department. Michelle Dorazio in the service Department will run that department.
CORRESPONDENCE
Clerk Novak read into the record an e-mail received from Deborah Petrick, 35145 Aspenwood Lane, Willoughby (Exhibit A), and an e-mail from Wendy Gallo, 4845 Shankland Rd., Willoughby (Exhibit B).
PUBLIC HEARINGS:
Clerk Novak read the legal notice for the public hearing to be held tonight on proposed text changes to the Planning and Zoning Code
Those Speaking in Favor - No one spoke.
Those Speaking in Opposition - No one spoke.
Clerk Novak read the legal notice for the public hearing to be held tonight on proposed text changes to the planning and Zoning Code (see attached).
Those Speaking in Favor -
John Tigue, 4830 Highland Drive, Willoughby - Mr. Tigue indicated that most of his questions were answered during a committee meeting earlier in the evening in particular where the ordinance originated from and- who reviewed it. However, he said he wanted to point out a few things. Regarding definitions, he said the definitions play off of each other. He stated the Public Art Committee is an advisory committee but asked if it was wide enough in its perspective to effectively represent all of the interests impacted by the legislation. He said he has concerns that limiting the committee to the art community may result in other interests being underrepresented in what may be determined to be "art" from a community standpoint. He asked what the impacts will be on developments. He said the City has an additional fee along with plan preparation, review procedures, ownership, and maintenance obligations that may be passed along to the new owner of a piece of property. He said when a developer comes in and wants to occupy, they have to make sure the public art is complete and the on site installation is required before the City issues an occupancy permit. Mr. Tigue asked that the procedure be looked at and the implications particularly for developers that are trying to get a return on investment. He said individual single-family property owners, businesses, and associations need to be aware of the requirements of Section 1183.09 which is the permit required for other public art on private property. He said there could be unintended consequences for this requirement. Mr. Tigue asked Council to examine carefully the total cost to the City in the execution and continuing administration of this ordinance. The cost, benefits, and consequences to the community, based on the final decision concerning the content of this ordinance, needs to be considered carefully. He said the ordinance is very complex and asked Council to table the ordinance in order to review it before it goes into effect. He feels there needs to be some community education prior to going into effect. He said the City could end up with a community that is mad even though the City is trying to do something good for the community. He said he believes the ordinance is good for the community.
Mr. Carr noted that John Tigue gave some favorable comments but with some concerns as well.
Those Speaking in Opposition - No one spoke.
Clerk Novak read the legal notice for the public hearing to be held tonight on proposed rezoning at 37100 EuclidAvenue (see attached).
Those Speaking in Favor - No one spoke.
Those Speaking in Opposition - No one spoke. Mr. Carr noted there was one piece of correspondence read earlier which would go on the record as speaking against the proposal.
PUBLIC PORTION:
John Tigue, 4830 Highland Drive - In regards to the sidewalk requirements in Ordinance 2021-38, he said in 1958 the Arlington-Harlow subdivision was put in with no sidewalks or storm drains. He said at that time, the developer stated he couldn't afford sidewalks or storm drainage. He said passing this ordinance for new planning purposes makes sense. Mr. Tigue noted the ordinance that allows for outdoor dining will be interesting in that it doesn't go through the Planning Commission but rather the Mayor's office. He said he is concerned that a restaurant will obtain a permit for outdoor dining but will allow outdoor drinking to take place. Mr. Tigue advised once again the tabling of Ordinance No. 2021-41; he said there should be a good discussion on who makes up the art committee suggesting that one person not be affiliated with the art community.
PUBLIC PORTION
No one spoke
NEW BUSINESS
RESOLUTION NO. 2021-32 Motion Carried 6-0 Woodin no
A resolution approving EAS #4-3-21(a) for the rezoning of 3.0094 acres of real property located at 37100 Euclid Avenue and further identified as Permanent Parcel Nos. 27A0150000050 and 27A00150000040, and a portion of Permanent Parcel Nos. 27A0150000170 and 27A0150000180, from Residential Multi-Family Low Rise (R-MF-L) to General Business (G-B).
This represents a request to rezone the property where the old YMCA is located. Aldi Grocery wants to build a store on this site. This is the first step in this planned development.
Councilman Woodin asked Mayor Fiala about his thoughts on this development and if they plan on doing residential units in the back of the property. Mayor Fiala said he wished Aldi's was going in on the north end, but he can't dictate where developers want to develop. He said it's a logical land use with a retail corridor from Rt. 91 to Shankland with the exception of the hospital and City-owned properties. He said he is concerned about the lot split because it creates a non-conforming lot for the remaining multi-family piece in the back. He said he wants to make sure that when the plat is filed that it's acknowledged the City may be creating a non-conforming lot. Mr. Woodin said he has some concerns with Aldi going in at that location noting several grocery stores in the immediate area. Mayor Fiala said the store will provide limited income tax for the City but some needed real estate tax for the schools. Councilwoman McNeill said she would prefer to see the Aldi's on the north end as well, however, she knows a lot of people who shop at Aldi's especially those seeking gluten-free products. She thinks the store will do very well in Willoughby. Councilman Tomaselli said he is concerned about the partially rezoned parcels. Mayor Fiala said the intent is to obtain property from the Willoughby- Eastlake School District to create a conforming lot. He said the City should be careful to not approve anything until the City meets its own codes for future development (multi-family). Speaking on behalf of the Planning Commission, Councilman Kary said it is critical that when Mr. Sommers comes back and wants to build, nothing will be looked at until he shows he has a conforming parcel that will work.
ORDINANCE NO. 2021-33 Motion Carried 6-0 Woodin no
An ordinance amending the Zone Map of the City of Willoughby, Ohio, to reclassify 3.0094 acres of certain real property located at 37100 Euclid Avenue (Permanent Parcel Nos. 27A0150000050 and 27A0150000040, and a portion of Permanent Parcel Nos. 27A0150000170 and 27A0150000180) From Residential Multi-Family Low Rise (R-MF-L) to General Business (G-B).
Councilman Anderson asked how the zoning map is adjusted if there is a non conforming parcel. Law Director Lucas said the zoning map is just an overlay so there are a lot of non-conforming parcels that have a zoning classification. Mayor Fiala said a non-conforming lot can exist, but nothing can be built on it until there is conformity. Mr. Lucas said that was correct noting it is never a good idea to create a non-conforming parcel.
This is related to resolution # 2021-32
RESOLUTION NO. 2021-34 Motion carried 7-0
A resolution pursuant to Sections 5705.19 and 5705.191 of the Ohio Revised Code submitting to the Electors of the City of Willoughby, County of Lake, State of Ohio, the question of a renewal of a Nine-Tenths (0.9) of One Mill Tax Levy for the purpose of current expenses.
Resolution 2021-34 would bring to the city about, $144,603 annually during the life of the levy.
Resolution 2021-34 and 2021-35 are the next step in the process for the two renewal levies to be on the ballot in November. These are the general fund operating levy(0.9Mil)
and the Road levy (2Mil).
Mr. Carr said Finance Director Bosley sent a memo out regarding the next four pieces of legislation. Resolution Nos.2021-34 and 2021-35 will be sent to the Board of Elections and are the next step for the renewal levies to be placed on the ballot. Mr. Carr asked if the dollar amounts for these two levies are higher than previously discussed. Ms. Bosleysaid they are slightly higher due to the addition of new properties. She said the 2 mill levy will never be above $1.2 million.
RESOLUTION NO. 2021-35 Motion carried 7-0
A resolution pursuant to Sections 5705.19 and 5705.191 of the Ohio Revised Code submitting to the Electors of the City of Willoughby, County of Lake, State of Ohio, the question of a renewal of a Two- (2-) Mill Tax Levy for the purpose of general construction, reconstruction, resurfacing and repair of streets, roads, and bridges in the City.
Resolution 2021-35 would bring to the city about, $1,198,910 annually during the life of the levy.
Resolution 2021-34 and 2021-35 are the next step in the process for the two renewal levies to be on the ballot in November. These are the general fund operating levy(0.9Mil) and the Road levy (2Mil).
RESOLUTION NO. 2021-36 Motion carried 7-0
A resolution authorizing the Director of Finance to transfer funds from the General Fund to various other funds, and declaring an emergency.
Resolution 2021-36 provides for the transfers from the General Fund to various funds for operations, capital, and retirements as presented in the 2021 budget.
RESOLUTION NO. 2021-37 Motion carried 7-0
A resolution authorizing the Director of Finance to transfer funds from the Senior Center Capital Fund to the General Bond Fund, and declaring an emergency.
Resolution 2021-37 transfers money from the Senior Center capital fund to the General Bond Retirement fund for payment of this year’s Sr Center debt.
ORDINANCE NO. 2021-38 Motion carried 7-0
An ordinance amending Chapter 1109 of the Codified Ordinances of the City of Willoughby, Ohio, titled, “Approval Procedures for Zoning Permits, Conditional Uses, Subdivision Plats, Appeals, Variances, and Certificates of Compliance”; specifically, Section 1109.04, titled “Development Plan Review”.
Planning Commission requested we add language to our plan review process “1109.04 Development Plan Review” as
follows:
•Added requirements for details and locations of sidewalks as part of the development plan
• Added requirements for landscaping that includes identification of vegetation to be removed, a detailed landscaping plan that identifies all proposed landscape materials, including species and sizes of proposed landscaping
•Included language under Planning Commission Review Criteria that sidewalks are required
Mr. Carr said a memo was received from the Mayor addressing the next four pieces of legislation. He said this ordinance provides language for adding sidewalks within the code; he thanked Councilman Kary for bringing the issue forward to the Planning Commission. He said he has been advocating for sidewalks as long as he's been on Council. Mayor Fiala said Jody McCue from the Planning Commission added significant language for landscape requirements in this ordinance. Councilwoman McNeill thanked Mr. Kary for all his hard work on this legislation.
ORDINANCE NO. 2021-39 Motion carried 7-0
An ordinance amending Chapter 1155 of the Codified Ordinances of the City of Willoughby, Ohio, titled “Use Specific Regulations”; specifically, Section 1155.04 titled, “Use-Specific Regulations”.
In reviewing the success of the outdoor dining within the Erie Street right of way last summer, we decided to allow this
permanently as a conditional use. Since the primary concern is the safe passage of pedestrians, the Safety Director will approve conditional use permits yearly.
Mr. Carr said this ordinance will allow for outdoor dining on the sidewalks. Mayor Fiala said in an effort to help the restaurants last year during COVID, the City allowed sidewalk dining which created a cool vibe in downtown. This ordinance will allow for outdoor dining along the right of way with regulations. Outdoor dining will be allowed by permit on a yearly basis issued by the Safety Director. He said it is critical for the safety forces to have a clear passage and to make sure the permit is for restaurants and not outdoor drinking at bars.
ORDINANCE NO. 2021-40 Motion carried 7-0
An ordinance amending Chapter 1181 of the Codified Ordinances of the City of Willoughby, Ohio, titled, “Design Standards and Principles”; specifically, Section 1181.05 titled, “Site Design Standards” and Section 1181.06 titled, “Sustainability Considerations”.
Additional language was added to this section to encourage sustainable and resilient landscape design practices and the preservation of existing landscaping and vegetation. We are especially interested in promoting low-impact storm-water management features to reduce storm-water piping and retention basins to the extent possible
Mayor Fiala said the City wants to promote sustainable stormwater management and this language gives the PlanningCommission the teeth to do that.
ORDINANCE NO. 2021-41 Motion carried 7-0
An ordinance establishing Chapter 1183 of the Codified Ordinances of the City of Willoughby, Ohio, titled, “Pubic Art Regulations”.
This legislation represents the vision of Mayor Bob Fiala to bring the Arts to the City of Willoughby.
This ordinance replaces the previously submitted Public Art Code. After reviewing the earlier version, the administration decided that version was too difficult to understand and too cumbersome to enforce. The submitted ordinance simplifies the review process as well as permitting and fees.
Mr. Carr said the Mayor has been working on the art code for a long time. Mayor Fiala thanked Mr. Kary, Law DirectorLucas, and Darryl Keller for their help on this ordinance.
Councilman Anderson asked if the City had reached out to any of the cities in which the City emulated our code to see if they've had any issues as it pertains to holding up development because a developer didn't want to invest money in art. Mayor Fiala said there are few municipalities in the area that have an art code (the City based the ordinance on the Los Angeles art code). He fully expects to push back on development because the City is asking to contribute a percentage of a fee; however, the fee structure can always be reevaluated. He said the ordinance allows the City to have control of what goes up in the City and more importantly it creates a fund for public art. CouncilmanKary said the art fund allows developers to invest deeper into the community by contributing to the art fund. Mr. Woodin voiced concerns that what the public deems as art differs from the City and if the code handles the City's perception of what art is. Mayor Fiala said the art board will be made of people who are educated on what public art really is. The Willoughby Arts Collaborative will continue as a 501c and a member from the collaborative will sit on the Citys art board.
RESOLUTION NO. 2021-42 Motion carried 7-0
A resolution authorizing the Mayor to apply to the Ohio Department of Natural Resources, Office of Coastal Management, for the purpose of acquiring financial assistance for the Erosion Emergency Assistance Grant, and declaring an emergency.
Legislation to address the erosion situation at Osborne Park.
Mayor Fiala said the grant is specific to earmarked money for erosion control on the public-owned property. The Ohio Department of Natural Resources (ODNR) will release funds for the planning or construction of erosion control measures. The money will provide for a consultant in order to develop a plan. He is hoping to have a concept design and a budget by late summer in order to apply for other grants. Two very qualified firms have been interviewed by the City; EOG and Smith Group. The City has decided to go with the Smith Group; their fee has been negotiated down if the grant is received. An Osborne Park erosion board will be formed and will include Mr. Woodin and two other councilmen as well as some neighbors in the area.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Mayor Fiala thanked Council for the passage of legislation associated with the code changes and the emergency passage of the coastal erosion grant application.
Councilman Anderson said he agreed with John Tigue's earlier comment about including an individual who is not an artist sit on the art committee. Mr. Anderson asked what benefit the City has by being a Tree City USA. Mayor Fiala said he didn't know exactly other than the fact the City has been a Tree City for over 20 years. Parks & Recreation Director Banker said the City receives a flag every year. When the City celebrates Arbor Day, Michelle Dorazio from the Service Department is able to buy items through Tree City USA at a discount for prizes.
Mr. Anderson asked what the status is on funds to be received for the river walk and amphitheater. Mayor Fiala said Economic Development Director Thielman has reached out to Senator Kenny Yuko's office to see when the money will be received. He was referred to someone in his finance office but a call has not been returned. MayorFiala said a committee will be formed and will include Councilman Anderson, two additional members of Council, and Service Director Palmisano. There will be public engagement on both the river trail and amphitheater. Mr.Thielman is also obtaining survey quotes for the property.
Regarding the art committee, he stated that according to the ordinance, one person needs to have a financial background and two people with an art background. The intent is not to stock the committee with artists, but rather people with good judgment.
Regarding the amphitheater, Councilman Woodin asked if the City had reached out to the Willoughby Baseball League regarding the location of the amphitheater and what will happen to the ball fields. Mayor Fiala said the City has not reached out; the layout does not affect any of the ball fields but it will affect schedules. Ms. Banker said currently leagues are using six ball fields at Todd Field and two ball fields at Gilson Park and Daniels Park. Osborne Park and Lincoln Park are not being used this year and Grant is being used for travel leagues. The number of participates has declined. Mayor Fiala said he would like a representative from the league on the committee.
DIRECTOR’S REPORTS
Law Director Lucas - Referencing Ordinance 2021-38, Mr. Lucas said he wanted to address comments made by Mr. Tigue regarding the outdoor dining. Mr. Lucas said the application for outdoor dining is very detailed and states that if a restaurant doesn't comply with the detailed parameters of the application, their permit will be revoked. In the event there is a violation such as excessive drinking after a meal, that will be the one and only time that happens because the permit will be revoked. The ordinance itself doesn't go into that much detail regarding a violation, however, the permit application does.
Service Director Palmisano - No report. Mr. Woodin asked about white flags on various streets on the north end. Mr. Palmisano said the flags are in preparation for the road paving on Lakeshore Blvd. Mr. Woodin asked about taking care of dead trees at Osborne Park. Mr. Palmisano said he is waiting to hear back from the arborist.
City Engineer Lannon - Regarding a recent visit to a residence on Aspenwood about water issues, Mr. Lannon said early conversations took place with the developer of the new subdivision (Chagrin Mill) that they would not make water conditions worse in the neighborhood and they will provide provisions in the future to make things better. He said the swales that will be put around the perimeter of the site will make things better. He has confidence once the developer is done, things will be better than they were.
Mr. Lannon said there will be a water main replacement on Orchard Street in the Lakeshore area by the LakeCounty Department of Utilities. He received confirmation this week that the
$350,000 grant for the Meadowlands Basin outlet project will be available this July. The overall project is $2.75 million dollars. Mr. Woodin asked if Orchard Street will be paved after the water line is replaced. Mr. Lannon said it is not part of the road repair program this year; the pavement will be repaired after the work. He will look at that road for the 2022 road repair program.
Fire Chief Ungar - Regarding the recent ISO rating received by the department, Chief Ungar said he wanted to give an additional explanation on the rating and the process. He said the ISO rating is done every five years, but it encompasses the previous three years. The last time the City was rated was 2016 therefore it encompassed 2013, 2014, and 2015. The current rating included 2018, 2019, and 2020. He said the standards are very difficult to meet but the bottom line is if the department doesn't meet the standards set in place, it affects the insurance ratings for businesses and residences within the City. One of the standards is to have a fire station every one and a half miles and a ladder truck every two miles which is difficult to do in the City. Even though the City was rated within the Class 2 rating, the score actually dropped a few points due to new development that has taken place within the City. He said part-time staff is included in staffing which hurts the department because the part-time staff is so fluid. He said there was some part-time staff that couldn't be counted because they only worked part of the year because they resigned to go to a full-time job or others who just recently joined the department.
Building Inspector Keller - No report. Mr. Woodin asked if he had any information on a parcel of land owned by the Cleveland Clinic on Lost Nation Road. Mr. Keller said he had not heard anything. Mayor Fiala said the Army Corp of Engineers has stepped in and wanted to look at the wetlands on the property.
Parks & Recreation Director Banker - Ms. Banker reported there is a corn hole league at the golf course this summer with 12 teams. She said they have received approval from the Lake County Health Department for the car cruise-in and the Artsfest is working to get their approval. She said summer camps are selling along with pool passes. Mr. Carr asked about the staffing levels. She said she has 27 lifeguards with a total staff of 35. She said the golf course staff is filled so the manager has been sending those applications to Parks & Rec. She reported there has been some vandalism at Osborne Park involving people dumping the canned food for people in need in and around the pavilions. The senior center will open on June 1st. The American Legion has a meeting tonight to discuss the Memorial Day Parade. She said the Willoughby South marching band will not be able to participate this year. In speaking with Jim Trenton from the American Legion, she believes there will be a ceremony at the cemetery and is hopeful to find someone to play Taps.
Mr. Woodin asked if trees could be planted near the newly installed benches at Osborne Park. Ms. Banker said there is a landscaping plan that was done that calls for zebra grass and bushes but will look into trees. Mr. Woodin asked if cameras could be installed at Osborne Park. Ms. Banker said she has discussed with Chief Schultz installing some trail cameras and eventually looking into purchasing cameras. Regarding the possibility of trees being installed near the park benches at Osborne Park, Mr. Kary said he would be willing to donate a tree in his family's name and suggested asking for donations for the trees.
Finance Director Bosley - Ms. Bosley said she would like to have the capital discussion in May with a sewer rate discussion at the June or July meeting. She had sent out a fund balance report late today. She said an investment report was also forwarded to Council noting that the City's interest earnings are about half of what they were last year. The City was able to maintain the same bond rating for the issuance of new bonds this week. Mr.Anderson asked about possible uses for incoming COVID relief money. Ms. Bosley said she was able to attend a webinar last week but needs further guidance on how the money can be used.
COUNCIL REPORTS
Mr. Kary - Regarding the passage of the City's public art code, he thanked John Tigue for his support of the legislation and his suggestions. He said it is a good idea to have diversity on the committee and is critical to its success. He said the art code that was passed covers all disciplines of art not just the visual arts; it includes, dance, drama, music, literature as well as performances. The money a developer contributes to the public art fund could go to dancing or music performances.
Mr. Anderson - Mr. Anderson asked when the Browning Center is going to be discussed at Planning Commission. Mr. Lucas said they will be on the agenda on May 13th. The meeting will be conducted via Zoom.
EXECUTIVE SESSION
Executive Session – The purpose of the Executive Session is in accordance with ORC 121.22(G)2 to discuss the purchase or sale of property and ORC 121.22(G)3 to discuss pending litigation.
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
As long as we are now moving into summer, let me be pro-active and share
Willoughby Summer Concert Series
Osborne Park
JUNE 30, 6-8PM @ OSBORNE PARK
THE DIAMOND PROJECT
SEPTEMBER 1, 6-8 PM @ OSBORNE PARK
boaterhead
DTW Wes Point Park • 7-9 PM
July 8 – Pieces of Eight
July 15 – Country Redford
July 22 – Bennie Jackson’s Masterpiece
July 29 – Chardon Polka Band
Aug 5 – Abbey Rodeo
Aug 12 – Blue Evolution
Aug 19 – Stone Pony
Aug 26 – The Diamond Project
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