Meeting Notes August 10, 2021

Willoughby City Council Meeting Summary

• August 10, 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/

SAFETY COMMITTEE MEETING:

Committee: John Tomaselli, Katie McNeill, Dan Anderson

*The purpose of the Safety Committee meeting is to discuss Blue Line Solutions.

BLUE LINE SOLUTIONS

Chairman Tomaselli said the City has received feedback from residents on school zone cameras and has worked on the best way to implement the cameras if the City should utilize the program. He said the legislation will remain tabled this evening due to legal language within the resolution that needs to be addressed.

AGENDA

REGULAR COUNCIL MEETING

August 10, 2021

PUBLIC HEARING- 7:10 p.m.

Text Amendments

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, August 10, 2021 at 7:10 p.m. in the Municipal Building, One Public Square, Willoughby, Ohio.

Said hearing will be held on the following proposed text changes to the Planning and Zoning Code:

Amend Chapter 1103 of the Codified Ordinances of the City of Willoughby, Ohio titled, "Definitions", specifically Section 1103.03(b)(78) titled "Hotel (or motel)" deleting the verbiage "less than one week", replacing with "not more than thirty days".

Recommendation of the Planning Commission: Approved

Clerk Novak read the legal notice for the public hearing to be held tonight on proposed text amendments to the Planning and Zoning Code

Those Speaking in Favor - No one spoke.

Those Speaking in Opposition - No one spoke.

Economic Development Director Thielman continued discussion regarding Ordinance 2021- 76 and Resolution No. 2021-77 from the Legislative Caucus meeting held earlier. He said a few months ago, the City received several opportunities for Building A (formally Willoughby Career Academy). After receiving the two new opportunities, a committee was formed to look at both proposals. The committee recommended the proposal from Liberty Development to develop the building into 28 or 29 market rate apartments and to build19 for-sale townhomes. He said the City had to go back to the school board and renegotiate the price of the building and property. He thanked Katie McNeill for her help with that negotiation. Mayor Fiala said the City needed to wait until last night's school board meeting before bringing the legislation forward.

Dru Siley from Liberty Development said the company is excited about the opportunity and understands the trust the City has extended to the company with a historic asset to the City. He said Liberty Development is a residential, commercial, and industrial developer. He said he runs the residential group and has had a lot of success recently developing townhomes mostly on the west side of Cleveland in communities like Willoughby that have a strong downtown and are walkable. He said the company has also been successful in adaptive reuse of historic buildings using historic tax credits. The school building will be converted into 28 market-rate apartments with an elevator; 35 parking spaces plus guest parking. There will be three different types of townhomes; a group of three-story townhomes that will face Euclid Avenue; a group of two-story townhomes that will face Center Street featuring a first-floor master bedroom and a group in the center of the site that will be similar to the townhomes recently built near City Hall. Mayor Fiala said this project saves a valuable asset with minimal density.

APPROVAL OF MINUTES-

Regular Council Meeting of July 13, 2021

STANDING AND REGULAR COMMITTEE REPORTS

Committee of Full, Mr. Carr - Mr. Carr congratulated Council and the Mayor on their upcoming re-election.

Shade Tree Commission, Ms. McNeill - No report. Mayor Fiala said legislation was not on the agenda this evening addressing changes to the commission due to the lengthy agenda. He would like to have a conversation with Council on merging two other boards (Sign Review Boards and Design Review Board).

CORRESPONDENCE

Clerk Novak read a request from the Ohio Division of Liquor Control for a Trex from Marc Glassman, Inc., dba Mares 20th Street Plaza, 3014 Cromer Avenue NW, Canton, OH 44709 to Marc Glassman, Inc. dba Mares Willoughby, 34881 Euclid Avenue, Willoughby, OH 44094. This license would be for wine and mixed beverages; they previously were issued a license to sell beer. Marc's in on the November ballot requesting Sunday wine sales. There were no objections to this request.

PUBLIC PORTION

Dave Burrington, 37427 Harlow Drive, Willoughby, Ohio - Mr. Burrington asked if the project at the former high school was for just apartments. Mayor Fiala said the school building itself will be 28 market-rate apartments and 19 for sale townhomes will be built.

Jerry Ranally, 37832 Park Avenue, Willoughby, Ohio - Mr. Ranally congratulated Council and the administration for Ordinance No. 2021-75. Mr. Ranally asked if the Resolution regarding Blue Line Solutions is still tabled. Mr. Tomaselli said it will remain tabled due to some legal issues. Mr. Ranally congratulated the City on the upcoming former high school project.

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 Automated Speed Violations.

NEW BUSINESS

RESOLUTION NO. 2021-64 Motion carried 7 to 0

A resolution to accept the material terms of the One Ohio Subdivision Settlement pursuant to the One Ohio Memorandum of Understanding and consistent with the terms of the July 21, 2021, National Opioid Settlement Agreement, and declaring an emergency.

This resolution was passed so we, as a city can participate in the payments from this lawsuit settlement.

Law Director Lucas sent Council a memo regarding this resolution. This is the first step in order to participate in the settlement. Mr. Lucas said after the passage of this resolution, the Mayor will sign the Participation Agreement and return by August 13th. Regarding the potential funds to be received, Mr. Lucas said the City's subdivision allocation could translate to $191,000 if 70% is received. The City could receive $273,000 if 100% distribution is received. This money would be allocated over a number of years.

ORDINANCE NO. 2021-65 Motion carried 7 to 0

An ordinance amending Chapter 779 of the Codified Ordinances of the City of Willoughby, Ohio, titled, "Transient Guest Registration"; specifically, Section 779.04, titled, "Register May Be Inspected".

This now allows not only the police to inspect Hotel and Motel registration but also the building department director. The inspection is to investigate any illegal use of these facilities. A memo was sent out by Building and Zoning Inspector Keller regarding the next two ordinances. Mr. Keller said this is an additional tool that can be used if guests are staying longer than they should. Councilman Woodin asked about guests who stay at hotels for six months. Mr. Keller said according to the Ohio Revised Code and Ohio Building Code, guests should not be staying for six months, however, it's not being enforced. Mr. Woodin said he would like to discuss Airbnb at a future date; there is currently a moratorium on them in the City.

ORDINANCE NO. 2021-66 Motion carried 7 to 0

An ordinance amending Chapter 1103 of the Codified Ordinances of the City of Willoughby, Ohio, titled, "Definitions"; specifically, Section 1103.03, titled, "Definitions of General Terms".

Mr. Keller said this resolution cleans up some language in this section.

RESOLUTION NO. 2021-67 Motion carried 7 to 0

A resolution designating Public Depositories for active funds of the City of Willoughby, Ohio, repealing Resolution No. 2018-118, and declaring an emergency.

Possible banking institutions that may be used to handle city funds.

RESOLUTION NO. 2021-68 Motion carried 7 to 0

A resolution amending Resolution No. 2021-21 to provide for current expenses and other expenditures of the City of Willoughby, Ohio, during the period ending December 31, 2021, and declaring an emergency.

This resolution covers adjustments to Osborne Park capital, American Rescue Plan money, FEMA reimbursement from vaccine clinics, and a minor adjustment to the WPCC fund.

RESOLUTION NO. 2021-69 Motion carried 7 to 0

A resolution authorizing an expenditure in the amount of $423,762 (base price of

$453,762 minus a trade-in amount of $30,000 for one 2005 Vactor Combination Sewer Truck) for the purchase of (1) Gap Vax Sewer Cleaning Combination Truck from MTech for use by the Sewer Department, and declaring an emergency.

The funds were budgeted for in the city sewer capital fund.

RESOLUTION NO. 2021-70 Motion carried 7 to 0

A resolution authorizing an expenditure of $39,828 for the purchase of one (1) 2022 Ford Super Duty F-550 Cab and Chassis from Classic Ford of Mentor for use by the WPCC, and declaring an emergency.

The costs will be shared by Eastlake.

RESOLUTION NO. 2021-71 Motion carried 7 to 0

A resolution authorizing an expenditure in the amount of $91,895 for the purchase of one (1) Single Axle Freightliner Truck Chassis from Valley Freightliner & Western Star through the State of Ohio Cooperative Purchasing Program; the said vehicle for use by the Street Department, and declaring an emergency.

Replacement of a 2007 Plow Truck. (the chassis)

RESOLUTION NO. 2021-72 Motion carried 7 to 0

A resolution authorizing an expenditure of $89,232.06 for the purchase of one (1) Body Assembly for a Single Axle Freightliner Truck from Concord Road Equipment, Mfg. for use by the Street Department, and declaring an emergency.

Replacement of a 2007 Plow Truck. (the body)

RESOLUTION NO. 2021-73 Motion carried 7 to 0

A resolution approving Change Order No. 5-Final in the WPCC Capacity Enhancement Project with The Great Lakes Construction Co., and declaring an emergency.

Change Order No. 5-Final for the WPCC Capacity Enhancement Project.

The EPA includes 10% of project costs in the loan amount for contingencies. This final change order brings the total of the contingency to 8% of the original contract. All costs are shared 50/50 with Eastlake.

These are enhancements needed by the Water Pollution Control Center.

RESOLUTION NO. 2021-74 Motion carried 7 to 0

A resolution authorizing the Mayor to distribute Requests for Qualifications for Parks and Recreation, Civil Engineering, and Architecture Landscape Design Services for the Willoughby Amphitheater and Chagrin River Trail Project, and declaring an emergency.

Economic Development Director Thielman sent out a memo regarding the legislation; a few grants have been awarded for this project totaling $600,000. This allows the City to go out and solicit statements of qualifications.

ORDINANCE NO. 2021-75 Motion carried 7 to 0

An ordinance authorizing Amendment No. 1 to Ordinance No. 2021-19, the Manning & Payroll Ordinance, relative to payment of accumulated sick leave upon retirement or death.

Mr. Carr said this legislation goes back many years from a Fiscal Task Force recommendation and many discussions. Mayor Fiala said this legislation has been 11 years in the making and the last piece of the task force recommendations. It took this long because it affects every employee in the City (bargaining and non-bargaining). Ms. Bosley said for this year (2021) anyone can leave with no changes to their current sick time buyout. This legislation only affects non-bargaining employees.

SECTION 1. That Section 7.1 PAYMENT OF ACCUMULATED SICK LEAVE UPON

RETIREMENT OR DEATH of Ordinance No. 2021-19, the Manning & Payroll Ordinance, shall be amended to read and provide as follows:

SECTION 7.1. PAYMENT OF ACCUMULATED SICK LEAVE UPON RETIREMENT OR DEATH.

In the event of a full-time employee's retirement from the City, such employee shall be entitled to payment for accumulated but unused sick leave up to a maximum of nine hundred sixty (960) hours based upon the length of service at the percentages set forth herein.

Payments contemplated within this section shall be at the employee's hourly rate of pay at the time of retirement.

This ordinance deals with amended retirement benefits. Long overdue, in an effort to get our retiree benefits in line with neighboring cities.

ORDINANCE NO. 2021-76 Motion carried 7 to 0

An ordinance authorizing the Mayor to enter into an Amendment to the Agreement with the Board of Education of the Willoughby-Eastlake City School District for the purchase of Real Property; said Real Property located with frontage on Euclid Avenue, River Street, and Center Street and further identified as Permanent Parcel No. 27A0290000010, and declaring an emergency.

Mr. Thielman said the City met with Steve Thompson from the Willoughby-Eastlake School System to renegotiate a new purchase. He said Resolution 2021-77 is to enter into a contract with Liberty Development for the development of Building A (formerly Willoughby Career Academy) and the land around it.

RESOLUTION NO. 2021-77 Motion carried 7 to 0

A resolution authorizing and directing the Mayor to proceed forward in the preparation of an Agreement with Liberty Development for the Sale and Development of 3.277 acres of land situated in Historic Downtown Willoughby for approval of Council, and declaring an emergency.

NOTE:

For accuracy, this section has been copied from the council meeting minutes

MAYORS REPORT

Mayor Fiala said he will be requesting confirmation of a new board member at the next Council meeting for the Sign Review Board. He will also be asking for confirmation of members for the new public art committee. He has asked the Willoughby Fine Arts and the Willoughby Arts Collaborative to submit names for the board. He has asked John Tigue and Jeannie Fleming Gifford to sit on the board. Mr. Carr asked about the status of the main art piece (The Bridge). Mr. Thielman said it's currently in fabrication with installation slated for late September.

There was a discussion about resuming formal swear-in activities at Council. Mayor Fiala suggested waiting a week to see what the COVID numbers are. Mr. Anderson suggested using the front steps of City Hall to do the swear-ins.

Mr. Carr said a resident recently brought up questions and concerns about leash laws and walking dogs on sidewalks. After much discussion, according to Chief Schultz, the current law gives his department the authority to take care of these nuisance complaints. A resident can give the Police Department a call to handle these situations.

Regarding the Osborne Park shoreline erosion project, Mr. Woodin asked if there was a time frame for the planning of the project. Mayor Fiala said he put together a quick schedule for that project and one for the amphitheater project as well. He said he would like to have community engagement meetings in September for both projects with the Smith Group. Mr. Woodin asked about installing cameras at Osborne Park. Service Director Palmisano said the Parks Department purchased several "game" cameras. Chief Schultz said these wildlife cameras can be placed anywhere but cannot be viewed remotely. Mr. Woodin would like a live camera installed.

DIRECTOR’S REPORTS

Law Director Lucas - No report. Regarding a possible development on the north end, Mr. Woodin asked if Mr. Lucas could look into the feasibility of vacating a street and opening up a vacated street (Windermere). Mr. Lucas said a reopening would be in conjunction with the City Engineer and he will need more information to proceed.

Service Director Palmisano - Mr. Palmisano thanked Council for the passage of Resolution Nos. 2021-69 through 2021-72. Mr. Carr asked about the no parking signs that were absent from the market this past Saturday. Mr. Palmisano said the signs should have been out; he will make sure they are out on upcoming Saturdays.

City Engineer Lannon - No report. Mr. Anderson asked when the EPA will be asking for more work to be completed at WPCC. Mr. Lannon said the City is caught up; however, there is a long term list. Sewer rates will be discussed at an upcoming Finance Committee meeting.

Fire Chief Ungar - Reported on an incident this morning due to the recent storms and said there are severe storms and high heat advisories for the next three days.

Police Chief Schultz - Reported there was a good turnout last Tuesday, August 3rd for National Night Out which was held at Osborne Park. It was a great event for the police to become engaged with the community and build trust. He noted that it has been a year since the dispatch center started provided dispatch service for the City of Kirtland.

He said he is proud of the dispatchers during the transition along with Assistant Chief Tartaglia and Communications Supervisor Marlene Matteo.

Building Inspector Keller - Mr. Keller thanked Council for approving the legislation affecting the building and zoning code this evening. Mr. Anderson asked what the status of Browning School was. Mr. Keller said he spoke with the developer, Dave Knot, regarding the process for demolition. Mr. Anderson noted that 6 out of the 9 lots have been sold. Mr. Keller said the lots are not sub-divided yet and they will need to go to Planning Commission for approval. Mr. Lucas said the original decision by the Planning Commission is under appeal in the Lake County Common Pleas court. He confirmed with Mr. Keller the developer is in the process of tearing the building down.

COUNCIL REPORTS

Mr. Woodin - He said he was happy to report the boat races were a success at Osborne Park.

Mr. Kary - Mr. Kary said there was a good turnout for the recent Diamond Project concert at Osborne; he thanked Ms. Banker for her hard work in putting it together. He said the Willoughby Art Commission is having professional chalk artists on hand this next Saturday as part of the Last Stop Willoughby. The artists will be creating "selfie" photo-taking images at nine locations throughout the City. There will be voting on the best "selfie" taking location.

ADJOURNMENT

COMMENTS BY COUNCILMAN KARY

For those who have asked, here is the schedule in place for the OSBORNE PARK DESIGN dealing with Erosion Control and Amenities for the Park.

July 23, 2021 Notice to proceed programming EROSION CONTROLS/AMENITIES

September 10, 2021 Preliminary Design Sketches and Site Design concepts

September 24, 2021 Review by the Administration and Council

September 29, 2021 Public Engagement Meeting @ Osborne Park

Begin Final Design Documents

December 21, 2021 Final Design and budget approved by Council

Presentation to the Community.

*NOTE: all these dates are subject to change based on the process (watch the cities website for updates.)

I have been working with our Economic Development Director, Tom Thielman, to re-assess the properties on Lost Nation Road, near the Airport (west side). He and I are addressing property owners and again asking for their development plans. As you recall, we have had a few developers approach us with a variety of ideas. Some of those were General Business proposals, and some were rental proposals.

We also have had some light industrial proposals. To date, none of these have reached the bench of the Planning Commission, so we are still entertaining ideas. FOR YOU, the residents I have asked before, and I WOULD LIKE TO ASK AGAIN, if you have any thoughts on what you would like to see developed on these properties (mostly zoned General Business), PLEASE SHARE YOUR THOUGHTS AND IDEAS WITH ME AS SOON AS POSSIBLE. That includes not only what you would like to see but also what you would NOT LIKE TO SEE.

Take care and enjoy the rest of our “SUMMER”

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/