MEETING NOTES AUGUST 9, 2022
Willoughby City Council Meeting Summary
• August 9, 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:
SAFETY COMMITTEE MEETING:
Committee: John Tomaselli, Ken Kary, Dan Anderson
*The purpose of the Safety Committee meeting is to discuss Truck Traffic.
TRUCK TRAFFIC
Chairman Tomaselli said the meeting tonight would address truck traffic on residential streets. He said this had been a topic that has come up several times with residents in Ward 3 and other areas of the City as well. There has been discussion on how to create fair and enforceable legislation. He said there is language in the codified ordinances that restrict commercial traffic vehicles, but it is specific to weight limits which is difficult to determine as trucks drive by. Mr. Tomaselli said he put together a presentation, and there was a memo sent out by Law Director Lucas which summarizes where the City stands on regulating truck traffic. Legislation is not on the agenda this evening, but he is hoping the discussion tonight will lend itself to that legislation.
Mr. Tomaselli said the two concerns about passing legislation would be to identify the vehicles and streets where those vehicles would be prohibited. Part of the presentation showed pictures of trucks on Kirtland Road, including heavy equipment trucks, dump trucks, and large box trucks. One, in particular, was a large truck hauling a trailer of propane tanks through a residential neighborhood. He noted that in order for a semi to make a right-hand turn onto Rt. 84 from Kirtland Road, the semi needs to go into oncoming traffic to make the turn because the semi is so wide. He said these kinds of trucks are dangerous on Kirtland Road due to their speed on the road with no sidewalks and heavy foot traffic. He said it is also dangerous when large trucks rip low limbs off trees that land in the street.
As part of the presentation, Mr. Tomaselli showed the current definition of heavy vehicles in Section 440.02 of the City's Codified Ordinances, which is specific to weight exceeding five tons. It is difficult to visually understand which vehicles are over that weight and difficult to enforce because the City's patrol officers are not physically able to weigh a truck on the side of the road. He showed the city of Kirtland's definition of a commercial motor vehicle, which reads in part, "a motor vehicle having motor power designed and/or used for carrying or transportation of goods, wares, merchandise, rubbish, freight, soil, gravel, fill, vegetation, stumps and logs or products of any kind .... and/or used for commercial purposes." He said this was a pretty broad definition. He said he tried to put together some criteria that the City might use which can be visually confirmed, such as having three or more axles (2 axles that are within 8 eight feet of each other are considered one axle), box trucks 24' or longer regardless of the number of axles and used for commercial purposes. Ms. Sievers suggested excluding non-commercial buses, so there are no issues with school buses. Mr. Tomaselli said it would also exclude City owned vehicles used, such as plow trucks and fire trucks.
Currently, the City's Codified Ordinances specifically call out certain streets; River Street (Rt. 174), State Rt. 84 and Kirtland Road. The current code dates back to the mid-fifties to late sixties. Both Rt. 84 and Rt. 174 has hills that could cause problems for a truck, and Kirtland Road was likely chosen because of the hill on Rt. 306 when making a left onto Kirtland Road. He said the city of Mentor's code defines streets as collector streets, local streets, or alleys; this would equate to most side streets in Mentor. He said Kirtland specifically calls out each street. The proposed criteria are primarily for residential streets and are defined as no commercial reason to be in that area; the street has no sidewalks and is considered a "cut-through" street that takes you in between two major roads. The roads meeting the criteria are Kirtland Road, Adkins Road, Stevens (to the City line), and Hodgson Road. He said Hodgson Road already has signs posted on it, most likely because Mentor has a sign posted on their end. The streets that would not meet the criteria are Tamarac, E. 3641h/E. 365th, Shankland, Robinhood, Willoughcroft, Highland Drive, and Reeves Road. Mr. Merhar asked why no sidewalks were included in the criteria. Mr. Tomaselli said he was looking at it from a safety aspect; if there is a sidewalk, someone isn't walking in the right of way. Mr. Carr said he struggled with the concept because he advocates for sidewalks. If you put a sidewalk on the street, that means you can't address the truck traffic. He asked why the City isn't enforcing the code on Kirtland Road if there are already regulations in place. Mr. Tomaselli said one of the larger concerns is posting the no truck traffic; at no point does he expect a patrol car on Kirtland Road every day. He said a sign on either end of a street could deter the truck traffic.
Chief Schultz said he doesn't have a problem enforcing any truck traffic on certain streets, but the current language is unclear. If there is something more consistent and concise with streets and vehicles, it will make more sense. He said there used to be no truck traffic on Kirtland Road, and there was discussion about whether or not it was legal to enforce it. He said specifying the vehicle and locations is better than the current code. Mr. Carr asked Law Director Lucas if he felt what is being proposed is enforceable. Law Director Lucas said our limitations in terms of being enforceable would be on local streets. He said he spoke with Mr. Sayles regarding maintenance requirements on some of the state routes. He would want to have a purpose clause as to why the City is doing this, including the repairs and maintenance of the roads due to heavy truck traffic. He said it's nearly impossible to tell the weight of a truck, and he feels the current code is old; having a visual on a truck naming the axles or the length of the truck would be easier than a weight limitation. Mr.Anderson asked if the City receives money from the Ohio Department of Transportation (ODOT) for a particular street, then that street cannot have a limitation on truck traffic (he thought this was referenced in the Ohio Revised Code (ORC)). Mr. Lucas said that section in the ORC needs to be considered. Mr. Anderson asked about a moving truck. Mr. Tomaselli said there would be criteria in the code for a truck to be in a certain area i.e., a moving or delivery truck. Mr. Merhar pointed out that a moving truck doesn't have a commercial purpose.
Mr. Tomaselli said he would send out the presentation and asked if council and administration could take a look at it and give further feedback. He would like to have legislation on the agenda in the near future.
AGENDA
REGULAR COUNCIL MEETING
August 9, 2022
ORGANIZATIONAL BUSINESS-
Confirm Michael Yutsy to Zoning Board of Appeals
SUNSHINE LAW TRAINING DESIGNEE -
Council President Carr suggested that members of the Council attend Sunshine Law Training if they haven't already done so.
Motion made and seconded to appoint Alisa Novak as the Sunshine Law Training Designee.
APPROVAL OF MINUTES-
Regular Council Meeting of July 12, 2022, Special Council Meetings July 12, 2022, and July 19, 2022
STANDING AND REGULAR COMMITTEE REPORTS
No major reports
CORRESPONDENCE
No correspondence
PUBLIC PORTION
Pam Pastoric, 5419 Oakridge Drive, Willoughby - Ms. Pastoric said she had e-mailed Mr. Carr regarding trespassers (mostly kids) at the water retention pond from Big Turtle. She said there are signs posted stating that trespassers will be prosecuted by the City. The pond is maintained by the City, but the City doesn't own it. Mr. Lucas said the trespassers need to be identified in order for action to be taken. Chief Schultz said to call the police department next time it happens, and they will send an officer and identify the individuals and talk with the minors and possibly their parents.
NEW BUSINESS
RESOLUTION NO. 2022-103 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into an amendment to the purchase agreement between the City of Willoughby and Liberty Development Company, and declaring an emergency.
Liberty Development Company ("Liberty") would like the City of Willoughby ("City") to grant a one hundred eighty (180) day extension to February 7, 2023, for the Due Diligence Period of the current Purchase Agreement for the former Union High School and property (Parcel 1) to allow Liberty the ability to resubmit for the next round of Ohio Historic Tax Credits session;
It is in the best interest of the City and Liberty to extend the Due Diligence Period to February 7, 2023.
Mr. Carr said this resolution gives the Liberty Development Company a 180-day extension to secure historic tax credits. Mr. Anderson asked if someone else in Lake County received the historic tax credits. Economic Development Director Thielman said the big award went to someone in Elyria. He said the state of Ohio encouraged Liberty Development Company to reapply; the state reviewed their application and gave them some pointers. They will reapply in August and will find out in December if they have been awarded. Mr. Thielman said it's not unusual to not receive tax credits in the first round.
RESOLUTION NO. 2022-104 Motion carried 7 to 0
A resolution authorizing an expenditure of $500 for the purchase of one 2015 Ford Explorer from the Mentor Police Department for use by the Willoughby Police Department and declaring an emergency.
The Mentor Police Department has advised the Assistant Willoughby Police Chief that they have a 2015 Ford Explorer already outfitted for a K-9 unit that is no longer needed by the Mentor Police Department. This vehicle will serve our city’s needs.
Chief Schultz said he is thankful the city of Mentor called about selling this vehicle. The two canine officers each need a car and a backup as well. The backup broke down during the training of the third canine officer. This car will require equipment to be installed so it can be used as a canine car.
RESOLUTION NO. 2022-105 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into an agreement with Smith-Group Architects &Landscape Architects PLLC in the amount of $81,625.00 to provide design services for the Willoughby Amphitheater & Chagrin River Trail Project and declaring an emergency.
The City has received six (6) quotes for design services for the Willoughby Amphitheater & Chagrin River Trail Project.
The quote received from SmithGroup Architects and Landscape Architects PLLC in the amount of $81,625.00 was, upon review and in the opinion of Council of the City, the lowest and best bid received. Mr. Thielman said the City had worked through the budget process and penciled in $75,000 for the study. After the first public engagement meeting, there were some adjustments to the scope of the project to include online surveys in order to engage the community; therefore, the price went up. The City is only responsible for a portion of this amount as two capital grants from the state will cover most of the costs.
ORDINANCE NO. 2022-106 Motion carried 7 to 0
An ordinance authorizing Amendment No. 5 to Ordinance No. 2021-19, the Manning and Payroll Ordinance, relative to Water Pollution Control Center Division, and declaring an emergency.
That Section 10.8 of Exhibit A-8 of Ordinance No. 2021-19, the Manning & Payroll Ordinance, establishing the manning levels for the Water Pollution Control Center Division, is hereby amended to establish the job classification of Plant Maintenance Mechanic II and/or Trainee with an authorized Manning Level of two (2), and to decrease the authorized manning level of the job classification of Plant Maintenance Mechanic from (2) to (1) and to amend the following reference:
****** At no time shall the combined total of employees in the classifications of Plant Maintenance Mechanic, Plant Maintenance Mechanic II and/or Trainee, and Plant Maintenance Support exceed the authorized manning level of two (2) three (3).
Mr. Palmisano said Ordinance No. 2022-106 and Resolution No. 2022-107 are directly tied together which is a result of the WPCC taking on the transportation of the biosolids. He said two people will have driving duties for hauling the biosolids. Mr. Anderson asked if the City was hiring someone to haul the biosolids. Mr. Palmisano said there would be a posting for the two positions that would be filled in-house.
ADDENDUM
RESOLUTION NO. 2022-107 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into a Memorandum of Understanding with the American Federation of State, County, and Municipal Employees, ALF-CIO, Local 1657, and Ohio Council 8 (AFSCME) is necessary to establish a new position to Article 33 of the agreement between the City of Willoughby, Ohio, and AFSCME, and declaring an emergency.
The Mayor is hereby authorized to enter into a Memorandum of Understanding (MOU) with The American Federation of State, County, and Municipal Employees, AFL-CIO, Local 1657, and Ohio Council 8 ("AFSCME") necessary for the establishment of a new job position and rate of pay to Article 33 of the CSA between the City of Willoughby, Ohio, and AFSCME.
Mr. Palmisano said this resolution is for a job title change and will add a Class A driver capable of driving a tractor-trailer which needed to be discussed with the union prior to moving forward.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Mayor Fiala said there was a Lakefront Special Improvement District (SID) board meeting this morning. He said the first round of money had been released, which is below what they expected. The second round of money will be for approximately 14 confirmed projects at about $3.8 million, with four more possible projects. The Lakefront SID is working as planned. He would like to locate someone who has a vessel that Council can use to tour the shoreline from Willoughby to Mentor-on-the-Lake.
Mr. Anderson asked if John Tigue had been replaced on the Public Art Committee. Mayor Fiala said he had not been replaced yet. Mayor Fiala said if anyone has a recommendation for someone who has experience in public art or public art administration, please reach out to him.
DIRECTOR’S REPORTS
Service Director Palmisano - Mr. Palmisano thanked Council for the passage of Ordinance No. 2022-106 and Resolution No. 2022-107.
City Engineer Lannon - Mr. Lannon reported that this year's asphalt road resurfacing is well underway; all roads are ready for the final surface course that is scheduled for next week. He said a few grant applications are pending regarding the River Street slope repair. One is a one-time Federal Emergency Management Agency (FEMA) program that came with some COVID money; it is currently pending and would be a 90/10 grant. He said it's unusual to get money for slope failure prevention, but Ohio, Emergency Management Agency, was helpful with the process in showing the benefit of preventing a slope failure. The grant would provide over $1 million dollars for a $1.5 million dollar retaining wall cost. A grant application was sent to the Ohio Department of Transportation (ODOT) for a geologic site management program that is specifically for slope repairs; this grant would be 80/20. He said the City is now eligible for urban paving funds, which would be resurfacing money similar to funds used for Rt. 84. This money is available next July, but he said he has asked for a delay until 2025 on this money in order to secure slope stabilization funding.
Police Chief Schultz - Chief Schultz thanked Council for the passage of Resolution No. 2022-104. He said this Thursday at the Police Station, there will be "Hot Dogs with the Dog" to introduce their new canine "Zaro." Everyone is welcome, including the public. National Night Out was a huge success last week at Osborne Park.
Building Inspector Keller - Mr. Carr commented that Courthouse Square is now leasing and possibly has a few tenants. Mr. Keller said demolition has started at the Tech Center and also the building across from the hospital.
Parks & Recreation Director Keller - Ms. Keller said the pools close this weekend; Osborne Park pool would be open on weekends through Labor Day. The Last Stop Willoughby Parade is this coming weekend; please meet at the high school around 1:30 p.m. Ms. Keller said she will likely have legislation for the next meeting for a new Senior Center bus; she is working on the financing as the price has gone up about $25,000 since it was discussed in May.
Finance Director Bosley - Ms. Bosley said the exit audit is scheduled for Monday via Zoom.
COUNCIL REPORTS
Ms. Sievers - Ms. Sievers reported this Thursday is the race for Willough_by Baseball at Osborne Park; everyone is welcome.
Mr. Kary - No report. Mr. Kary encouraged everyone to visit the golf course noting the work that has taken place there.
Mr. Tomaselli - Thanked Council for allowing him to discuss truck traffic this evening; he thanked Chief Schultz and Assistant Chief Tartaglia for their efforts.
Executive Session - The purpose of the Executive Session is in accordance with ORC 121.22(G)2 to consider the sale or purchase of the property.
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
As we move into September, I want to remind all that City Council will return to its Fall/Winter meeting dates. We will now meet twice per month and any special meetings.
City Council meets on the first and third Tuesdays of each month at 7:00 pm in the lower level of City Hall. Committee and legislative caucus meetings occur before each meeting. Check the city website for the start of each meeting. The times vary based on the Committee Meetings scheduled.
Information from the Mayor’s report on the cities website:
Last month we dedicated The Bridge, a gateway piece by local artist Bill Rigo. There are many people to thank for this remarkable symbol of Willoughby’s past, present, and future. Among them are the Marous Family Foundation, Gloria and Alan Wright, and Toby and Melanie Maloney for their generous contributions to this creation. We would also like to thank the Willoughby Arts Collaborative for their assistance in developing the call for artists, reviewing over a dozen submissions, and interviewing the finalists. Our community has overwhelmingly applauded their thoughtful approach to selecting the artist and artwork. We are hopeful that the Willoughby Arts Collaborative will be an integral part of other public art installations in our City.
We still have a few activities planned this summer, including our Gazebo Concerts throughout the month and our final Osborne Park Sunset Concert on September 7th.
The summer is beginning to wane, and parents are preparing for the new school year. We want to remind everyone to be careful and slow down when driving through school zones and following or approaching school buses with children. Also, please be aware of school crossing zones and students walking to and from school.
As always, we ask you to check the City’s Facebook page and website for the most accurate and up-to-date information about events and meetings. Meeting agendas and minutes can also be found on our website. Specific questions, comments, and suggestions are always welcome by calling City Hall.
DTW Outdoor Market
Saturdays @ 8:00 am - 12:00 pm
Food Truck Sunday
September 11 @ 12:00 pm - 5:00 pm
After a two-year break, the annual Food Truck Sunday is back! Area food trucks will line River Street offering a little something for everyone! Participating food trucks include:
Hunger Squad
Jilly Jeans
Pizazz Pizza
Casino Cafe
Chef T
and more to be added!
Live music in the gazebo:
Relay for Life of Lake County
September 17 @ 2:00 pm - 9:00 pm
DTW 5K
September 18 @ 10:00 am - 12:00 pm
Willoughby Clam Bake
October 1 @ 5:00 pm
Join us at Lost Nation Golf Course for the 2nd Annual City of Willoughby Clam Bake!
Register online or call Parks and Recreation at 440.953.4200. Dinner is served at 5:30 pm. Event held at the outdoor pavilion.
* Full Bake: includes clams, chicken, and sides ($48)
* Chicken Bake: includes chicken and sides ($40)
* Extra clams: $9
* Cash Bar – Dinner purchase includes (1) Drink
Entertainment: Goin’ Gray
Classic rock from the 60s – 80s
HAVE A GREAT FALL 2022
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/