Meeting Notes July 13, 2021
Willoughby City Council Meeting Summary
• July 13, 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/
2022 TAX BUDGET PUBLIC HEARING
Pursuant to ORC Section 705.17, notice is hereby given that the Council of the City of Willoughby will hold a Public Hearing on the proposed 2022 Tax Budget on Tuesday, July 13, 2021 at 7:10 p.m. in the Council Chambers of Willoughby City Hall, One Public Square, Willoughby, Ohio.
The proposed Tax Budget of the City of Willoughby, Ohio for the year 2022 is on file in the office of the City Finance Director and is available for public inspection from 8:00 a.m. to 4:30 p.m. Any person interested in being heard on the proposed 2022 Tax Budget of the City of Willoughby will have an opportunity to be heard at the date and time stated above.
Clerk Novak read the legal notice for the public hearing to be held tonight on the proposed 2022 TaxBudget (see attached).
Those Speaking in Favor - No one spoke.
Those Speaking in Opposition - No one spoke
AGENDA
REGULAR COUNCIL MEETING
July 13, 2021
ABSENT: COUNCILMAN KEN KARY (out of town)
APPROVAL OF MINUTES-
Regular Council Meeting of June 8, 2021
STANDING AND REGULAR COMMITTEE REPORTS
No significant reports
CORRESPONDENCE
Clerk Novak read a request from the Ohio Division of Liquor Control for a transfer from MPP Partner LLC, dba All Ax’s, 4027 Erie Street & Patio, Willoughby, Ohio to 4027 Erie LLC, 4027 Erie Street & Patio, Willoughby, Ohio. Mayor Fiala said the owners of Ballantine have purchased the business, but their plans are not known. There were no objections.
PUBLIC PORTION
Amber Justice, Owner of Bit of Skirt, 38038 Second Street, Marissa Wendall, Parker Place Apartments, Apartment 201 and Katy Karisnick, Parker Place Apartments, Apartment 203 - Ms. Justice said she was before Council tonight to address the parking situation on Second Street with Marous Brothers Construction(Marous). She and Ms. Wendall and Ms. Karisnick have e-mailed and called Marous multiple times. Ms. Justice said that according to the City, parking must be provided to the apartment tenants above her store location on Second Street. The parking lot that provided the apartment tenant parking, along with commercial parking for Bit of Skirt and GV Art & Design has been demolished. Ms. Justice said Marous told the apartment tenants they could park at Chagrin River Apartments on Mentor Avenue. Ms. Justice said this is not an acceptable solution to the problem. Ms.Wendall said she leaves her apartment at 5 a.m. and would have to start walking to her car at 4:30 a.m. but is concerned for her safety. Ms. Justice said the City needs to rectify the problem because the City issued the permit to Marous. Law Director Lucas said he reviewed meeting minutes related to the parking at the apartments specifically minutes from a 1997 meeting. He said when the issues were brought to the attention of the City; he contacted Marous. Mr. Lucas said meeting minutes have been forwarded to Marous and he has received a call from an attorney who is the point person for this issue. Mr. Lucas indicated the City will be acting if nothing is resolved and that parking at Chagrin River Walk is unequivocally unacceptable. He said he was hoping to resolve the issue this week prior to a lawsuit being filed. Mayor Fiala said the City will find a short-term solution for the parking until the problem is resolved.
Tom Pessa, 3942 E. 364th Street, Willoughby - Mr. Pessa said he walks around downtown in the summer a lot. He expressed concern about the Third Street crossing; he said traffic doesn't stop for pedestrians. He said something needs to be done at that crossing before someone gets hurt. Mr. Palmisano said at one time they installed reflectors in the street, but that caused issues with the snowplows. City Engineer Lannon said he can look into a few options. Assistant Chief Tartaglia said bike patrol can be placed there this weekend because it will be a busy weekend.
Joe Tenan, 38120 Second Street, Willoughby - Regarding the current parking issue on Second Street, Mr. Tenan suggested allowing the apartment residents to use the City-owned parking lot on Glen Avenue temporarily. He suggested a cost of $35.00 a month for the issuance of a tag to allow for overnight parking. Mayor Fiala said he would consider that as a short-term solution.
UNFINISHED BUSINESS:
RESOLUTION NO. 2021-48 – Tabled
A resolution declaring it necessary to improve the streets and public thoroughfares of the City of Willoughby, Ohio, within the termini designated herein, by supplying said streets and public thoroughfares with street lighting, and declaring an emergency.
RESOLUTION NO. 2021-58 – Tabled
A resolution authorizing the Mayor to enter into an Automated Speed Enforcement System Agreement with Blue Line Solutions, LLC necessary to a Traffic Law Photo Monitoring Program and establishing Civil Penalties for AutomatedSpeed Violations.
NEW BUSINESS:
RESOLUTION NO. 2021-59 Motion carried 6 to 0
A resolution approving the editing and inclusion of certain ordinances as parts of the various component codes of the Codified Ordinances of the City of Willoughby, Ohio, and declaring an emergency.
The following sections of the Traffic and General Offenses Codes, as amended, are hereby approved and adopted as amended or enacted so as to conform to enactments of the Ohio General Assembly:
TRAFFIC CODE
402.193
Low-Speed Micro Mobility Device. (Added)
402.23
Pedestrian. (Amended)
402.52
Vehicle. (Amended)
432.41
Wearing Earplugs or Earphones Prohibited. (Amended)
432.44
Operation of Personal Delivery Device on Sidewalks and Crosswalks. (Added)
432.45
Low-Speed Micro Mobility Devices. (Added)
436.04
Certain Acts Prohibited. (Amended)
436.09
Display of License Plates or Validation Stickers; Temporary License Placard.
(Amended)
436.091
Operating Without Dealer or Manufacturer License Plates. (Added)
474.16
Motorized Bicycle Operation. (Amended)
474.17
Electric Bicycles. (Amended)
GENERAL OFFENSES CODE
501.99
Penalties for Misdemeanors. (Amended)
505.071
Cruelty to Companion Animals. (Amended)
509.071
Making False Alarms. (Amended)
513.01
Drug Abuse Control Definitions. (Amended)
525.13
Interfering with Civil Rights. (Amended)
529.01
Liquor Control Definitions. (Amended)
529.07
Open Container Prohibited. (Amended)
RESOLUTION NO. 2021-60 Motion carried 6 to 0
A resolution authorizing the Mayor to enter into a Memorandum of Understanding with the Lake County Land Reutilization Corporation necessary to the acquisition of City properties available due to a failure of sales during foreclosure.
In light of personnel changes occurring in the administrative and legislative bodies of various Lake County communities over the years, LCLRC is requesting legislative approval of an updated MOU which in part will outline the steps that may be taken by LCLRC, if any, when a property becomes available through forfeiture process, and, secondly and independently, outlining both the community and LCLRC protocols to be followed in the event the community and/or the school system are interested in acquiring any subject parcel.
Mr. Lucas said the Lake County Land Reutilization Corporation sent out an updated and revised memorandum of understanding to all communities in Lake County. They cleaned up some items which is a positive step forward.
Mr. Woodin said the land bank was created during the housing crises back in 2008 and was meant to get properties back on the market and get people back living in them. He said these properties are sitting for three years with no one buying them because they are overpriced and not being maintained. He said he wanted to look at the properties the land bank is approaching the City on. Mayor Fiala said he will make sure the list is provided to Council.
RESOLUTION NO. 2021-61 Motion carried 6 to 0
A resolution adopting the tax budget of the City of Willoughby, Ohio for the fiscal year beginning January 1, 2022; submitting same to the Lake County Auditor, and declaring an emergency.
The proposed tax budget of the City of Willoughby, Ohio, for the fiscal year beginning January 1, 2022, heretofore submitted to this Council, copies of which are on file in the offices of the Director of Finance and the Clerk of Council, is hereby adopted as the official tax budget for the City of Willoughby, Ohio.
Mr. Carr said an e-mail went out to Council on the budget which is extremely conservative. Ms. Bosley said the City uses the 2021 budget to predict 2022.
RESOLUTION NO. 2021-62 Motion carried 6 to 0
A resolution establishing a Special Revenue Fund titled American Rescue Plan Fund, Fund No. 2630.
On March 11, 2021, the President of the United States signed into law the American Rescue Plan Act of 2021 (H.R.1315), which allocates $130.2 billion in funding to local governments for COVID-19 pandemic relief; and
WHEREAS, the City of Willoughby has been negatively impacted by the COVID-19 pandemic; and
WHEREAS the U.S. Department of Treasury will administer the plan, and the City of Willoughby should receive its first of two distributions of funding within 90 days of the enactment of the American Rescue Plan Act of 2021; and
WHEREAS, the City of Willoughby must agree to specific Terms and Conditions set forth by the U.S. Department of treasury as part of accepting the funds.
Ms. Bosley said the portal is now open so the City can apply for funds. She is still attending seminars to learn how the funds can be used.
RESOLUTION NO. 2021-63 Motion carried 6 to 0
A resolution authorizing the Mayor to distribute Requests for Qualifications and Proposals for development services for the redevelopment of the former Willoughby Union High School Building and its adjoining land, and declaring an emergency.
That the Mayor is hereby authorized to pursue Requests for Qualifications and Proposals from any person or firm expressing an interest in submitting qualifications and/or proposals for development services for the redevelopment of the former Willoughby Union High School building and its adjoining land.
This resolution gives legal authorization to reach out to potential bidders and developers. Mr. Lucas said this legislation also is a way to keep the Council informed of the progress and that the Mayor is proceeding with Requests for Qualifications (RFQ's) and Requests for Proposals (RFP's). Mr. Woodin asked if there has been interest in the project; Mayor Fiala said currently there are two interested parties.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Mr. Anderson asked if there was an update on the parking garage and apartments on Glen Avenue. Mayor Fiala said prior to the pandemic, there were two developers ready to present to the City (Signet and Paramount Properties). In the meantime, he was told that Signet has suffered some financial problems. He said he would like to bring the discussion back to Council; the single biggest issue was the structured parking.
DIRECTOR’S REPORTS
Service Director Palmisano - No report. Mr. Woodin thanked Mr. Palmisano for addressing some issues he had recently very quickly; however, water is still sitting in a low spot in front of Great Lakes Bank on Lakeshore Blvd. Mr. Palmisano said he informed the engineer of the issue. Mr. Tomaselli asked about the Rt. 84 resurfacing. Mr. Palmisano said Chagrin Valley Paving is working in other communities but has been requested to finish the job on Rt. 84; the completion date on the contract in October. Mr. Anderson asked when the road program paving will begin. Mr. Lannon said the contract with Burton Scot was signed today.
City Engineer Lannon - Reported the Orchard Street water main project will start by the end of the week; this work is being done by the Lake County Department of Utilities. The Rt. 306 bridge construction over Rt. 90 will begin prior to the August Council meeting. He received a preliminary schedule; traffic will be impacted. The resurfacing of Lakeshore Blvd. is scheduled to begin at the end of this week or early next week. Mr. Woodin asked about the repaving of Orchard next year and also asked about paving on Chestnut. Mr. Lannon said the repaving of Orchard will take place next year. Mr. Palmisano said Chestnut is high on the list for streets to be paved and should be completed next year. Mr. Tomaselli asked what the bridgework on Rt. 306 entailed and what the traffic pattern will be. Mr. Lannon said the project is for a deck replacement that will take a year and a half; traffic will be down to two lanes
Assistant Police Chief Tartaglia - No report. Mr. Woodin asked if patrol officers are out in the City on pedal bikes. Assistant Chief Tartaglia said there are different details using pedal bikes for special events like the Artsfest this weekend. There was discussion regarding Flock cameras being installed on private property in particular apartment complexes.
Parks & Recreation Director Banker - Ms. Banker said the first two concerts of the season have been rescheduled. The Diamond Project will play at Osborne Park on July 19th and Pieces of Eight will play downtown on September 2nd. In conjunction with the boat races this weekend, there will be a pop-up event at Osborne Park. There will be bleachers set up to watch the races and possibly some food trucks.
COUNCIL REPORTS
Mr. Woodin - Regarding Willoughby Baseball, Mr. Woodin suggested the City recognize Kelly Pope who has coached the same team for nearly 50 years.
Mr. Tomaselli - Reported he is having a Ward meeting on July 26th at 7 p.m. at the senior center
EXECUTIVE SESSION
The purpose of the Executive Session is in accordance with ORC 121.22(G)1 to consider the compensation of a public employee(s), ORC 121.22(G)2 to consider the sale or other disposition of unneeded, obsolete, or unfit-for-use property and ORC 121.22(G)3 to discuss pending litigation.
Motion made and seconded to go into Executive Session in accordance with ORC 121.22(G)1 to consider the compensation of a public employee(s), ORC 121.22(G)2 to consider the sale or other disposition of unneeded, obsolete, or unfit- for-use property and ORC 121.22(G)3 to discuss pending litigation at 8:00 p.m.
Motion carried 6 to 0
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
ZONING
The city has recently experienced a very strong push by developers to build homes in Willoughby. Along with that desire, there is also a push by developers to ask for the rezoning of areas to accommodate “more homes” in a build. I have personally taken a stance to resist these applications for several reasons. Primarily, we have areas zoned for a “particular reason” and that is to keep congruent neighborhoods. Mixing of zoning is just poor city planning. I must note though, there may be exceptions, especially when the zoning change approved is in the best interest of the original neighborhoods and the city as a whole.
OSBORNE PARK CONCERTS
Congratulations to WILLOUGHBY for hosting the first-ever Summer Concert @ Osborne Park. The concert was seen as a “total success” on all levels. To continue with this program there will be a late summer concert at Osborne Park AGAIN, in September!
Watch the cities website and FaceBook for details. The band will be Boaterhead.
September 1, 6-8pm.
Böaterhead (formerly Yacht Rock Cleveland) is a six-piece smooth rock party band celebrating the hits of the late '70s and early '80s. Hear all your favorites, including Hall & Oates, Steely Dan, Michael McDonald, Player, Jackson Browne, Ace, Toto, Billy Joel, Christopher Cross, and many more.
Last Stop Willoughby
will take place this summer!!!! Saturday, August 14th. Last Stop Willoughby is a community event designed to showcase the Historic Downtown District of Willoughby. The day starts early at 8 am with the Willoughby Outdoor Market. There are activities throughout the day including, a Parade 2pm, Kid Zone activities 10-2, train displays 10-4, continuous showing of Twilight Zone: A Stop in Willoughby 10-4 at Willoughby Library.
Plan to spend a fun day in Willoughby.
The STANDARD
For those interested, “the Standard”, a multi-family residential development consisting of 27 townhomes contained within 9 buildings on Lakeshore Blvd., is to start construction later this summer. The delay has been attributed to the inability of accessing critical components to the start of construction. For those who do not know the location, it is the property west of the City Cemetery. The building on the street will remain.
ELECTIONS
Finally, I want to ask all my constituents to help me to get RE-ELECTED in November 2021. I just turned in all my petitions to get on the Ballot, hoping to continue serving Ward 2 and Willoughby for the third term.
Sincerely,
Councilman, Ken 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