MEETING NOTES NOVEMBER 15, 2022

Willoughby City Council Meeting Summary

• November 15, 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 review: EAS #12-6-22

Rezoning of 17.416 acres of real property located on Pelton Road, PPN #27B0390000300 from Limited Industrial (L-1) to General Industrial (G-1).

Mr. Kary asked for a description of the project. Mr. Novak said the property is on Pelton Road between two sets of railroad tracks and the utilities (water and sanitary sewer) are basically non-existent there. Mr. Novak said they want to rezone the property and make it an impound lot. He said it will not be a salvage yard; there won’t be cars and trucks dismantled there and sitting on the lot for years. The yard will be used as an impound lot and for storage i.e., a crane that Mr. Ruple owns may be stored there when not in use.

Mr. Kary said the Planning Commission approved this EAS with the following notations: there was no traffic impact, no concerns from the Police and Fire Departments, no concerns for noise, water or air pollution and no impact on the schools. Regarding the storm water runoff, he said there is an 80,000-gallon retention basin in place. He wanted to make sure that any fluids leaking from vehicles would be taken care of. The applicant would like to be up and running by December, 2022.

Mr. Kary thanked Mr. Novak for previously providing the documentation from DLZ regarding the property. The report disproves some old rumors that the property is hazardous and dangerous and should not be used. He said he spoke with former Mayor Anderson, and he assured him in a written letter that there was never any dangerous chemicals brought or used at the site. He said there is some new information from Chief Building and Zoning Inspector Keller regarding the site since the Planning Commission approved the EAS. In a memo to Council from Mr. Keller, Mr. Keller noted concerns from John Niedzialek who is an inspector for the Lake County Soil and Water Conservation. Mr. Novak said he was aware of some clearing on the site and some possible wetlands that may have been disturbed or are close to the proximity of where the impound lot would be. He said Mr. Ruple has hired HzW Environmental Consultants and they have been out to the property and have done an inspection. There is a letter forthcoming with the findings. One of the items noted in the memo that has not been provided is proof of compliance with Section 401 and 404 of the Clean Water Act. Another item listed is the lack of documentation regarding wetland delineation of the newly disturbed areas. Mr. Niedzialek also noted that the City needs an approved plan for the newly disturbed areas based on City Ordinance 1351.08 and others that are listed. Mr. Kary said the City will provide the list to the applicants for clarification.

Mr. Keller said the list of items came directly from John Niedzialek. He said the list of items was provided to the City and the property owner and the City is awaiting compliance on those items. Mr. Kary said before the Environmental Planning Committee can recommend passage of the legislation, he is recommending those items be completed. Mr. Novak feels those items can be addressed. Law Director Lucas felt that the legislation regarding the EAS should be tabled this evening in anticipation of the letter Mr. Novak mentioned from HzW Environmental Consultants.

Regarding the report from DLZ, Mr. Carr said the report is 20 years old and asked if the City should get an updated opinion to make sure that the conclusions from 20 years ago are still sound today. Mr. Kary said he believes Mr. Keller and Mr. Niedzialek can make sure the 20 year report is still correct.

Mr. Anderson asked what Mr. Ruple would be impounding. Mr. Ruple said there will be outside storage as well as an impound lot; he is hoping to get semis and trailers coming off of Rt. 90. Mr. Tomaselli asked if it’s prudent to table Ordinance No. 2022-139 if Council tables Resolution No. 2022-138. Mr. Lucas said the rezoning is independent of the EAS. There is no reason that Council could not vote on the rezoning. Mr. Tomaselli asked if Council proceeded with the rezoning, and it passed what would be the motivation to continue to see through the elements of the EAS. Mr. Lucas said a permit would not be issued without having the EAS approved by Council.

Mr. Kary said the committee is recommending that EAS #12-6-22 be tabled this evening, which is separate from the rezoning.

SAFETY COMMITTEE MEETING:

Committee: John Tomaselli, Ken Kary, Dan Anderson

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

Council discussed the planned purchase of the Meister Publishing Building with plans to convert it into a new Police Station for the City of Willoughby.

There will be more information for the Public on this plan over the next several months.

AGENDA

REGULAR COUNCIL MEETING

November 15, 2022

APPROVAL OF MINUTES-

APPROVAL OF MINUTES -Regular Council Meeting of October 18, 2022 and Regular Council Meeting of November 1, 2022

ORGANIZATIONAL BUSINESS - Confirmation of Sophia Jones to Sign Review Board.

Mayor Fiala said Sophia Jones approached him about volunteering for a board and there happens to be an opening on the Sign Review Board. He said she is currently pursuing her post graduate degree from Cleveland State Levin School of Urban Affairs, and she has great potential to serve on other boards. Ms. Jones said she really appreciates the opportunity to be considered.

STANDING AND REGULAR COMMITTEE REPORTS

No major reports

CORRESPONDENCE

No correspondence

PUBLIC PORTION

Jason Colidis, 2531Maplehill Road, Willoughby Hills – Mr. Colidis said he was at the meeting representing a Boy Scout Troop out of Willoughby who meet at Grace Episcopal Church every other Sunday. He just wanted to thank Council for having the troop at the meeting.

Krista Bair, 28904 Blissfield Drive, Willowick – Ms. Bair said she was attending the meeting representing the Willoughby-Eastlake Board of Education as the President of the school board. She thanked those who voted in favor of the recent levy; the district will be good stewards of the funds. The district recently held a mayoral summit with all seven mayors from each municipality including Mayor Fiala. She said the district is embarking on a new communication plan that will target all cities and all demographics whether they are internal or external stakeholders of the district. She thanked the community and thanked Mayor Fiala for attending the mayoral summit.

Chuck Murphy, 1840 Euston Drive, Mayfield Hts. (Interim Superintendent, Willoughby- Eastlake Board of Education) – Mr. Murphy said he is excited about an event called “Seniors Night Out” which is an opportunity for seniors in the community to come to North High School on December 7th at 4 p.m. There will be several activities including introductions of the interim superintendent and assistant superintendent as well as other members of the administration. This will be followed by a dinner served by the students. During dinner one of the jazz bands will be playing and student art will be on display for viewing. Three different performances will follow dinner at the performing arts center. Mayor Fiala applauded the board for putting together the mayoral event; he felt encouraged that the relationship between communities and the school board will be stronger going forward.

Ms. Bair said there will be a special meeting in December to review their communication audit that is being issued by a consulting firm. She said the audit in combination with comments from the mayors will identify strategic ways to create a narrative, so the communities understand where the tax dollars are going. Going forward, a school board member will function as a liaison for the City and will regularly attend ward meetings or special events as necessary.

UNFINISHED BUSINESS

RESOLUTION NO. 2022-138 TABLED

A resolution approving EAS #12-6-22(a) for the rezoning of 17.416 acres of real property located on Pelton Road and further identified as Permanent Parcel No. 27B0390000300 from Limited Industrial (L-I) to General Industrial (G-I).

ORDINANCE NO. 2022-139 TABLED

An ordinance amending the zone map of the City of Willoughby, Ohio, to reclassify

17.416 acres of certain real property located at O Pelton Road (Permanent Parcel No. 27B0390000300) from Limited Industrial (L-I) to General Industrial (G-I).

Mr. Tomaselli had asked earlier this evening if this Ordinance, which is related to Resolution No. 2022-138, should be tabled. Law Director Lucas stated that Council doesn’t necessarily need to keep the two pieces of legislation together; Council could vote on this Ordinance tonight. Mr. Tomaselli said the intended use (of the property) will not be available to the applicant until the Environmental Assessment Statement is complete and the rezoning approval in advance of the intended use seems premature. Mr. Kary pointed out that if Resolution No. 2022-138 is tabled, that could influence the rezoning vote. Mr. Merhar said he feels Council would be jumping the gun if the rezone is voted on. Council agreed to vote on Resolution No. 2022-138 and Ordinance No. 2022-139 together; therefore, both will remain tabled.

NEW BUSINESS

RESOLUTION NO. 2022-144 Motion carried 7 to 0

A resolution adopting the updated Lake County Hazard Mitigation Plan, and declaring an emergency.

Mr. Carr said Chief Ungar sent out a memo regarding this Resolution earlier today which updates an existing plan with minor changes. Chief Ungar said there were a lot of changes to buildings within the City (the old senior center on Browning Avenue was listed). This plan gives the City the ability to receive federal funding should there be a disaster. He said one of the biggest changes from the last plan was to ensure the City has generator power at each municipal building which has been completed.

ORDINANCE NO. 2022-145 Motion carried 7 to 0

An ordinance accepting the correction plat for The Standard on Lakeshore, and declaring an emergency.

Mr. Lucas said this is for an adjustment that is necessary on one of the western lot lines. Mr. Kary said the survey was done but an error was discovered by one of the residents. The error was made in part because the center line on Lakeshore Boulevard over the years has moved.

RESOLUTION NO. 2022-146 Motion carried 7 to 0

A resolution authorizing the Director of Finance to write off and remove, for GAAP accounting purposes, an amount not to exceed $1,058,903 from the Golf Fund due to various other funds.

Finance Director Bosley said this write-off is nothing that will change in the City’s daily records. The City reports on a GAAP basis, in the annual report. All of the years that the City paid a portion of the debt for the golf course there was an expectation that should the golf course ever have the funds, it would repay the City. The golf course is now covering smaller debt; the bigger debt will be paid off this year and that was done out of the General Bond fund which is where the majority of the money came from.

Over the years when the golf course needed money, transfers were made which meant the money was being given to them, however, there were times that an advance was made. With the passage of this Resolution, there will no longer be a Due From other Funds asset showing in the Governmental funds for a million dollars due from the golf course and the Golf course will no longer have a liability on their books showing Due to other funds (hence the write off).

NOTE:

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

MAYORS REPORT

Mayor Fiala thanked the Boy Scouts for coming to the meeting tonight and he welcomed Sophia Jones. He said he was looking forward to working with Ms. Bair and Mr. Murphy from the school board.

DIRECTOR’S REPORTS

Service Director Palmisano – Mr. Palmisano reported the Service Department is ready for the upcoming snowfall. Christmas decorations are going up in anticipation of the tree lighting. There have been 225 loads of leaves picked up this year with pick up ending soon. Second shifts for the snowplows will begin after the holidays weather depending.

Fire Chief Ungar – Chief Ungar thanked Council for the passage of Resolution No. 2022-144.

Police Chief Schultz – Chief Schultz recognized Canine Officer Loki’s eight years of service to the department as well as his handler Patrol Officer Matt Neath; both were in attendance at the meeting.

Finance Director Bosley – Regarding the health insurance renewal, she said originally, she thought the City would have a 9% increase. However, after further review, the City will have a 3% renewal rate increase. She said the City is seeing the benefit of being part of the cooperative. She said the note that closes tomorrow has a good interest rate; there were 4 bidders. It’s a 5% note but in the end it’s more like 4.4%, which is a good interest rate.

COUNCIL REPORTS

Ms. Sievers – Ms. Sievers said her Ward 1 meeting is on November 22nd at 7:00 p.m. at the McKinley Outreach Center.

ADJOURNMENT

COMMENTS BY COUNCILMAN KARY

I spoke of the benches that were installed near the sidewalk on Lost Nation Road, at the Airport. I hope anyone that walks this area takes the time to sit back a relax for a few minutes. They will be fabulous Spring, Summer, Fall 2023!

HINT: there may be a major piece of artwork going up in this location in 2023.

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/

Ken Kary