MEETING NOTES SEPTEMBER 20, 2022

Willoughby City Council Meeting Summary

• Sept. 20, 2022 •

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/

Committee Meetings:

ENVIRONMENTAL PLANNING COMMITTEE MEETING:

Committee: Ken Kary, Dan Anderson, Dan Garry

The purpose of the Environmental Planning Committee meeting is to discuss: EAS #14-8-22

Rezoning of 3.9032 acres of real property located on Oak Ridge Drive.

Law Director Lucas said nine property owners in the immediate area of this parcel approached the City about buying it. The parcel is problematic because it's landlocked, and City vehicles are not able to access the parcel for maintenance purposes. The original intent of the parcel was for it to become a park, but that never happened. The nine property owners who contacted the Mayor would divide it to extend their backyards. Ultimately, there were only six property owners involved. The purchase agreement was discussed at length with the six property owners, and Council was advised of the sale amount, and the purchase agreement was approved. He said this parcel is zoned Residential Multi-Family Low Rise, and from a planning standpoint, it makes sense when joining these parcels together to be the same zoning classification which is R-60. The sale of the parcel has caused some issues with neighboring property owners who were not part of the original group. There has been a lot of communication with those neighboring property owners. From a legal standpoint, the City was approached, and it isn't the City's responsibility to find out if anyone else was interested in the parcel.

The six property owners held a meeting with the property owners who were not included; there was an informal vote, and it was decided they would not be able to join the group. He said the City didn't go out to bid, and a purchase agreement was offered to the City at the appraised value. During the title search of the property, it was discovered that three of the four property owners who were left out have a permanent easement for an additional 50 ft. from their rear side yard, which they have in perpetuity the right to use to put up landscaping features, a playground, etc. The parcel is being rezoned as part of the acreage, and after it's rezoned, the property will be transferred for the whole amount. From there, the purchasers will divide it up and will be responsible for the lot splits. The parcel will be consolidated into six separate parcels with six adjacent properties that are R-60. Mr. Garry asked if the three property owners who have the easement would retain the easement. Mr. Lucas said that the easement would remain in place; it is a perpetual easement and will remain even if the property is sold to someone else.

Addressing the EAS, Mr. Kary said there are no issues with stormwater management, no traffic issues, no Police or Fire Department issues, no water, noise, or air pollution issues, no demand on the school system, and no hazardous waste material issues. Mr. Kary asked about the timeframe for the rezoning. Mr. Lucas said it would go through the normal process. The Planning Commission did recommend approval of this EAS.

There were no other comments or concerns from the committee members or the directors. Mr. Kary said the committee is recommending approval of EAS #14-8-22.

SAFETY COMMITTEE MEETING:

Committee: John Tomaselli, Ken Kary, Dan Anderson

The purpose of the Safety Committee is to discuss the purchase of Municipal property.

PURCHASE OF MUNICIPAL PROPERTY

Chairman Tomaselli said there is legislation on the agenda this evening authorizing the Mayor to enter into an agreement for the purchase of the Meister Media building located on Euclid Avenue. The legislation on the agenda gives the City a 60-day period of due diligence to research whether it's warranted to purchase the building.

Law Director Lucas said he revised the purchase agreement that was presented because the Council wanted to ensure there were contingencies due to the size of the project. He added contingencies within the 60-day due diligence period to either meet or have the ability to walk away due to the failure to meet those contingencies. He said the building is intended for a municipal purpose, and there is work being done by an outside contractor to determine if the building can be used for municipal purposes. One of the contingencies is the full completion of financial, engineering, and technical studies and reports. He said it has to be confirmed to the buyer's satisfaction (the City) that the property is suitable for the intended municipal purpose and that the further development of the property for the City's intended purpose is economically and physically feasible. There are some preliminary engineering reports on how to make the Meister Media building acceptable for the purpose that is being considered. If the City cannot accomplish everything that is needed for the municipal purpose, the City can walk away after the 60-day due diligence period.

Mayor Fiala said the City embarked on a study of police facilities about two years ago. The City looked at the conditions of the existing facility both in terms of its compliance with state and local codes and ordinances as well as its need for the current Police Department. He said over a year ago; two different options were looked at. One was a public-private partnership at the former YMCA site, but it was determined that would be too costly. The City actually was using the wrong size building. Subsequent to that, the City retained the services of a noted national design professional to evaluate the current police facilities. That company recommended a much larger police facility to meet the current and future needs with a price increase. While reviewing the report from the design company, the City learned that the Meister Media building was available. Part of the seller's requirement is that the building closes before the end of the year. The City then retained the services of another consultant, and within four weeks, they were able to do an initial analysis and cost estimates. The outcome of the report from Bowen is that the project is doable, and the City has a fair appraisal. Members from the City's Building and Grounds Department toured the building to assess mechanical equipment, roofing, electrical, etc. Mayor Fiala said during this 60-day due diligence period, there is a lot of work to be done, including the budget and to make sure the building meets the City's needs. He said the City needs to communicate with the residents and tell them why it feels this purchase is needed or not. Mr. Tomaselli said it's important to let the public know about the possible purchase because some residents might not realize there is a need for a new facility.

Chief Schultz said the current building is nearly 40 years old. Since that time, law enforcement has expanded and changed; the City has changed as well. As the City has changed and grown, the programming needs have changed in the services that are provided. The current building was built like a bunker with no consideration at the time for expansion or remodeling. The outer shell of the building is concrete making expansion difficult.

Chief Schultz said a new police station would be an investment in the people who work for the department. The new building would help serve the community better; the Meister building is more centrally located in the City. The Police Department has simply outgrown the current building. He said the current dispatcher center has three workstations that handle over 41,000 calls per year for service, including dispatching for the city of Kirtland. There is no room for expansion for the dispatch center to add a fourth or fifth station, and it's difficult to add technology to that room. The patrol division has a roll call room where officers plan, organize and execute daily functions. Officers must write reports, and often times this is done in the patrol cars, but the reports have to be printed out at the station. Officers need space to make phone calls, execute follow-up work, and process evidence. In a typical police station, there are different areas for those different functions. Currently, all of those functions are done in the roll call room, which also serves as a lunch room with a kitchenette. He said there is little storage at the current facility; the department utilizes an off-site storage facility with some records needing to be retained for up to 30 years. Regarding evidence collection and processing, Chief Schultz said that currently, there is only one room for everything. Most evidence and collection rooms have a set up for processing, a secure area to wrap up items, and different storage areas and or lockers depending on the item. Drugs containing fentanyl should be secured in a separate area, but that's not possible currently. The detective bureau was originally established for four people; currently, there are seven people in that area. It is a very busy area where they investigate crimes, conduct drug investigations, interview witnesses and victims, plan operations with other agencies, and conduct background investigations, and the detective bureau is the main hub for the U.S. Marshall's task force. The clerical and support staff area has three full-time clerks and a supervisor in an area that was originally intended for only two and a half people.

He said 40 years ago, when the building was built, there was no thought to training; training is a key component of policing. There is an indoor firing range that has five 50 ft. lanes in the basement with no room for expansion; state standards are now 75 ft. lanes. There is no opportunity for the use of force training other than the shooting range.

Mr. Tomaselli said the Meister Media building could accommodate those training needs, and the department could grow in the space. If the legislation passes tonight, the City needs to discuss finance, design, and needs assessment. He recommends that members of the Council reach out to residents to share the urgency and how the City got here. Mr. Tomaselli suggested a 10 to 15-minute Safety Committee meeting before each Council meeting during the 60-day period to give updates on the budget and what the residents say about the possible purchase.

Mr. Carr said the contingencies leave the City a lot of leeways. He said the City has a 60-day window and if the City executes the purchase agreement and finds out months later the building isn't feasible for the Police Department, the City could sell the building. Mr. Lucas said the primary purchase is for the Police Department, but the City could have a municipal building that the City could use. Mr. Carr suggested having two or three community meetings and possibly a video of the current police station. Mr. Tomaselli suggested having an open house at the Police Station.

The Safety Committee meeting adjourned at 6:39 p.m.

AGENDA

REGULAR COUNCIL MEETING

September 20, 2022

PUBLIC HEARING- 7:10 p.m.

Rezoning Oak Ridge Drive

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, September 20, 2022, 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 the City of Willoughby for the rezoning of PPN #27A0050000080 (Oak Ridge Drive Rear) from Residential Multi­ Family Low Rise (R-MF-L) to One-Family 60 (R-60).

Clerk Novak read the legal notice for the public hearing to be held tonight on the proposed rezoning on Oak Ridge Drive (see attached).

Those Speaking in Favor-

John Kelm, 5379 Oak Ridge Drive, Willoughby - Mr. Kelm said he and his family are in favor of the rezoning from multi-family to single-family; it makes the zoning consistent with the other properties in the neighborhood. He said it's his understanding the parcel was given to the City in the mid-80s for use by the residents of Oak Ridge Estates, but since that time, the property has sat there. He said there is a lot of new construction nearby in Shepard's Glen, and with the current zoning, low-rise apartments could be built. He prefers the area remain available to the neighborhood.

Linda Webb, 5365 Oak Ridge Drive, Willoughby - Ms. Webb said she is in favor of the rezoning and is in support of her neighbors. She wanted to know if the property was surveyed, if it affected the placement of her fence, if she would be responsible for the cost of fixing it. Mr. Carr asked her to follow up with the Law Department tomorrow.

Those Speaking in Opposition-

Nick Brown, 5446 Oak Ridge Drive, Willoughby - Mr. Brown said he is opposed to the rezoning in order to create a park on the parcel, which is already owned by the City. If the rezoning is passed, a park won't be an option. He said there isn't a public park west of Rt. 91, south of Euclid Avenue or north of Ridge Road. All these roads are high traffic roads, and Rt. 91 is a five-lane road and separates the Oak Ridge neighborhood from the entirety of the City. The parcel in question is a hub for several unconnected residential communities that have been developed or are being developed. In his neighborhood alone, he is aware of at least 20 kids under the age of 10 years old. Several other new developments are nearby, with children who could utilize the park. He would like to know if the City is willing to build a park on the parcel for the benefit of all residents. He said Council President Carr expressed interest in a park. He said there is a legal process called "quick take" under ORC 163.06, Subsection B, which allows for an expedited eminent domain for the purpose of creating a public road. He said the issue of the City not having access to the parcel would be resolved by this process in creating access for a road for maintenance and emergency services. This park would serve as the City's commitment to the neighborhood.

Rose Harden - Ms. Harden read verbatim an e-mail she had sent on September 20, 2022.

"I am writing in opposition to the application to rezone the above property from Residential Multi-Family Low Rise to R-60. I live on the south end of this 3.90-acre woodlot with a recorded 25ft easement (PPN 027A-OO5-00-0080) with the City of Willoughby listed for the addresses of 5405, 5407, and 5409 Oakridge Dr. When I purchased my home, the woods were intended to become a park which was a major factor in my decision to buy this property. After receiving the legal notice regarding the application to rezone the property (Published Aug. 7, 2022), I reached out to Mike Lucas and Vicki Grinstead and was given the name of the neighbor leading the efforts to buy this property for their personal use (Ashley Kelm). I addressed my concerns over the loss of value of my own personal property due to the loss of use, the interference this would cause with our property rights (5405, 5407, and 5409), along with the substantial gain to her and the other neighbors currently trying to gain additional property hence adding value not common to all surrounding property owners. My concerns were ultimately dismissed by Mrs. Kelm, stating that and my neighbors with the easement were voted out. Although this lot is directly connected to approximately 13 houses, only six are being given the opportunity to buy this land. The fact that this land was never available for sale and, therefore, not published by the City of Willoughby for anyone else to place their bids is not fair. From my understanding only, a select few neighbors were sent the legal notice about the rezoning when in fact, the entire Oakridge neighborhood should be made aware that the lot that was previously designated to become a park for all to enjoy will no longer come to fruition. This change would impact more than just the houses immediately surrounding this lot, and everyone's voices should be heard. If this rezoning occurs and the property becomes private, what will happen to the 25ft easement myself and my neighbors share?"

Debra Petrick, 5405 Oak Ridge Drive - Ms. Petrick said she agrees with Ms. Harden and Mr. Brown; she is against the rezoning. She would like the parcel to be fixed up as a park. She has six grandchildren who would love to play back there.

APPROVAL OF MINUTES-

Regular Council Meeting of September 6, 2022

STANDING AND REGULAR COMMITTEE REPORTS

No major reports

CORRESPONDENCE

No correspondence

PUBLIC PORTION

No one spoke

UNFINISHED BUSINESS:

ORDINANCE NO. 2022-114 - Amended 9/6/2022 - Tabled 9/6/2022

Motion carried 5 to 0

An ordinance providing for the Manning Levels and Compensation of Elected and Appointed Officials and Salaried and Non-Union Employees of the City of Willoughby, Ohio; repealing any and all other ordinances or parts thereof which may be inconsistent herewith or which may be redundant hereto, and declaring an emergency.

Mr. Carr said this ordinance was tabled because there are some ties to the AFSME contract. Law Director Lucas said for the sake of uniformity, the Finance Department likes to have the manning revisions triggered at the same time as the AFSME contract. He said the AFSME contract was signed off on this morning which is why it's an addendum tonight. This ordinance should move forward this evening.

NEW BUSINESS:

RESOLUTION NO. 2022-117 Motion carried 5 to 0

A resolution accepting the amounts and rates as determined by the Budget Commission, authorizing the necessary tax levies, certifying same to the Lake County Auditor, and declaring an emergency.

Finance Director Bosley said this is the first step in making property taxes for next year available; two issues are on the ballot for November. The recreation fund sits at zero instead of 1.5 and the general fund sits at .9 instead of 2.4 because those issues need to pass in November.

RESOLUTION NO. 2022-118 Motion carried 5 to 0

A resolution approving EAS #14-8-22 for the rezoning of 3.9032 acres of real property located on Oak Ridge Drive and further identified as Permanent Parcel No. 27A0050000080 from Residential Multi-Family Low Rise (R-MF-L) to One-Family 60 (R-60).

ORDINANCE NO. 2022-119 Motion carried 5 to 0

An ordinance amending the Zone Map of the City of Willoughby, Ohio to reclassify 3.9032 acres of certain real property located at O Oak Ridge Drive Rear (Permanent Parcel No. 27A0050000080) from Residential Multi-Family Low Rise (R-MF-L) to Residential One-Family 60 (R-60).

RESOLUTION NO. 2022-120 Motion carried 5 to 0

A resolution declaring it necessary and determining to proceed with acquiring, constructing, installing, equipping, improving, maintaining and repairing improvements necessary for making improvements to abate erosion along properties within the City and further included within the Lake County Communities Shoreline Special Improvement District, together with all necessary appurtenances thereto, and declaring an emergency.

Law Director Lucas said the second batch of money for these projects is available. This is a similar process to the street lighting assessment; the City declares a resolution of necessity for the properties included in the SID, and the second piece of legislation is for the assessments. Mayor Fiala said the first tranche of money represented about $3.5 to $3.8 million dollars in lakefront improvements. He said one-third of that was spent in Willoughby, largely for Sandcrest Apartments.

ORDINANCE NO. 2022-121 Motion carried 5 to 0

An ordinance levying Special Assessments for acquiring, constructing, installing, equipping, improving, maintaining, and repairing improvements necessary for making improvements to abate erosion along properties within the City included within the Lake County Communities Shoreline Special Improvement District, together with all necessary appurtenances thereto, and declaring an emergency.

RESOLUTION NO. 2022-122 Motion carried 5 to 0

A resolution authorizing the Mayor to enter into an agreement with M P C Associates, LLC in the amount of $2,545,000 for the purchase of real property necessary for municipal purposes; said real property located at 37733 Euclid Avenue and further identified as Permanent Parcel No. 27A0170000170, and declaring an emergency.

RESOLUTION NO. 2022-123 Motion carried 5 to 0

A resolution authorizing the Mayor to apply for and enter into contracts with the Ohio Public Works Commission (OPWC) for funds necessary to the 2023 Concrete Slab Replacement Project, WPCC Belt Filter Press Replacement Project, and the WPCC Watermain Replacement Project, and declaring an emergency.

Mr. Carr said City Engineer Lannon sent out a memo stating the projects listed in this resolution are the projects the City expects to be funded.

ORDINANCE NO. 2022-124 Motion carried 5 to 0

An ordinance authorizing the Mayor to enter into an agreement with the Ohio Department of Transportation (ODOT) and requesting the cooperation of the Director of the Ohio Department of Transportation for the Municipal Bridge Inspection Program in the City of Willoughby, Lake County, Ohio, and declaring an emergency.

Ordinance 22-124 renews Willoughby’s eligibility for ODOT inspection of certain bridges at no cost to the city and is a step in possible future funding assistance.

ADDENDUM

RESOLUTION NO. 2022-125 Motion carried 5 to 0

A resolution approving an agreement between the American Federation of State, County, and Municipal Employees, AFL-CIO, Local 1657, and Ohio Council 8, and the City of Willoughby, Ohio, and declaring an emergency.

Mr. Lucas said this contract somewhat mirrors the Firefighter union contract. A memo from Heather Ballard was sent out to Council regarding the major items. Ms. Bosley said there was a lot of language clean up and the wage increases are the same as the Firefighter union contract. CDL's will be reimbursed every eight years for those who are required to have them.

NOTE:

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

MAYORS REPORT

Reported the City will be submitting for an NOAA grant on October 14th; this grant will be for the acquisition of Andrews Osborne properties. If the grant is secured, it will provide all the funding necessary to secure 100 acres from Andrews Osborne.

DIRECTOR’S REPORTS

Police Chief Schultz - Chief Schultz thanked Council for passage of Resolution No. 2022-122. He said on September 10th, his department participated in the Miracle League of Lake County Heroes Game; proceeds from the annual golf outing were donated to the Miracle League again this year. He said tomorrow is the 10-year anniversary of the passing of Officer Jason Gresko. There will be a brief memorial ceremony outside the police station in the front parking lot at 7 p.m. All are welcome.

COUNCIL REPORTS

Mr. Kary - Mr. Kary reported that he met with former Mayor Dave Anderson regarding what could be done to dress up the area around the airport (Lake County Executive Airport). He worked with landscape architect Jody McCue to create some plans for observation areas with benches placed on Lost Nation Road using pavers and landscaping to provide shade. He said former Mayor Dave Anderson (Executive Director of the Lake County Port Authority) provided $25,000 to do the plans; three benches will be installed. The airport is putting in new offices, signage, and possibly a new mural.

Mr. Anderson - Reported he went to the last concert at Osborne Park; he said the Service Department did an amazing job with parking for the concert. Mayor Fiala said they estimated there were over 1,500 people at that concert.

ADJOURNMENT

COMMENTS BY COUNCILMAN KARY

Properties on Lost Nation Road

Many of you are asking questions about the properties on Lost Nation Road, across from the Airport.

Those parcels are owned by

Cleveland Clinic (GENERAL BUSINESS AND LIGHT INDUSTRIAL ZONING).

SOME OF THESE PROPERTIES ZONED LIGHT INDUSTRIAL HAVE A LIMITED RETAIL OVERLAY.

Mr. Robert Patel (GENERAL BUSINESS - two parcels on Lost Nation Road. South of Aquarius and South of Western Parkway

Mr. Ed Fiegler (LIGHT INDUSTRIAL - two parcels on the south side of Aquarius Parkway).

NOTE: The Clinic will be remarketing this land soon. The smallest parcel to the north of Tamarac (4.42 acres), owned by Cleveland Clinic, had interest from Family Dollar, but it hasn’t moved forward. I will keep everyone posted on this property.

(zoned General Business)

There is currently no news regarding the 7.72-acres just south of Tamarac Drive owned by the Clinic.

(zoned General Business)

The excellent news AT THIS TIME, TO HELP WITH THE SALE AND POSSIBLE DEVELOPMENT, is that all the wetlands issues on the nine parcels (12 acres) on Aquarius owned by the Clinic have been resolved and sorted out.

They will start to remarket ALL OF THEIR properties, with a definite push for something on the approximately 12-acre site which can fit a building as large as 80,000 sq. ft. on it.

I am still watching these properties and talking to potential developers and realtors. I will keep you informed and do all I can to assure you that if development takes place, it is in the best interest of the residents in the area.

Take care, and have a GREAT FALL SEASON!

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/