MEETING NOTES JULY 11, 2023
Willoughby City Council Meeting Summary
• July 11, 2023 •
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 (Dan Anderson - Absent)
EAS #3-2-23 – Amended 7/11/2023
Construction of eight (8) four (4) townhomes on single-family fee simple envelope lots located on Kirtland Road (Kirtland Tudor Townhomes at Kirtland Tudor Estates).
Regarding a procedural matter, Law Director Lucas stated that there are only five Council members present this evening, which constitutes a quorum. A question that had come up earlier in the evening was how many votes it takes to pass a resolution or ordinance by Council. Mr. Lucas stated there needs to be4 members to pass a resolution affirmatively. This is in accordance with the City Charter, Article III, Section 6.
Mr. Kary stated that Mr. Anderson is absent this evening, so he and Mr. Garry will be heading up the meeting tonight. He stated his goal as the Chairman of the Environmental Planning Committee is to take the time to summarize with Council the facts regarding EAS #3-2-23. If Mr. Strauss has any questions, he may step to the podium to address those questions.
Mr. Kary stated the purpose of this committee meeting is to assess the environmental effect of this project, construction, or change of land use that has the potential because of its character, magnitude, or location to affect the health, safety, and welfare of adjoining properties. The committee will also make a recommendation to Council regarding a vote on Resolution No. 2023-57.
Mr. Kary stated that changes have occurred since the start of this EAS, the development plan, and the request for a conditional use permit (CUP). The changes that have been made to this project all relate to the objectives this committee needs to address. Mr. Kary stated that the Planning Commission originally approved the CUP, EAS, and the development plan before these changes.
Mr. Kary stated the original plan of 8 townhomes was to be built in two phases, which Planning Commission approved but did not meet the approval of the Fire Department. Since then, Mr. Strauss met with the Fire Department to revise his plans and reduce the size of the complex, cutting the number of units in half from 8 to 4.
The CUP that was approved by the Planning Commission was for 8 townhomes on 1.14 acres. The number of units has now gone from 8 to 4, and the land usage from 1.14 acres to .63 acres. The basis of which the CUP was approved has been changed dramatically. There is a City ordinance that requires three acres to build townhomes.
Mr. Kary stated that when the applicant’s plan first came in front of the Planning Commission, it was tabled because Mr. Strauss did not have any drawings to show the townhomes described in the development plan. When Mr. Strauss returned to the second meeting with drawings, he showed three-plus story townhome drawings. The Planning Commission used this as the visual information required to vote on the development plan.
Mr. Kary stated that initially, Mr. Strauss made comments that there would not be a home-owners association, now, according to Mr. Strauss, there would be a home-owners association.
Mr. Kary stated he was concerned to learn at the last Planning Commission meeting that Mr. Strauss was reconsidering his options with building height. Mr. Strauss submitted a revised Environmental Assessment Statement on June 15, 2023, in preparation for the EAS to return to the Planning Commission on June 22, 2023. Mr. Kary asked Mr. Strauss why he listed the height of the building as well as the number of stories of the building as “unknown.” Mr. Strauss stated he was advised to list those as “unknown”. Mr. Strauss shared that he was reconsidering the height of his original plan and was now considering two-story units; he stated he wanted to avoid having to apply for a variance or possibly go in front of the Zoning Board of Appeals. When the Planning Commission approved Mr. Strauss’s development plan, the Commission was shown and considered his plans for 3 ½ story townhomes. Final building plans have not been completed, and the applicant wants to avoid requesting a variance for the height for the proposed project. Mr. Kary expressed concern that the project is constantly in flux.
Regarding the CUP that has already been issued, Mr. Kary stated that the CUP issued was for 8 townhomes on 1.14 acres. The CUP was based on an EAS that is no longer in front of us. The CUP that was issued gives the applicant the right to build townhomes on land that is 60% less than the City’s ordinances require. The revised EAS is for four townhomes on .63 acres allowing the applicant to build townhomes on land that is 80% less than the City’s ordinance requires.
Mr. Kary stated that as a member of the Council and the Planning Commission, he struggles with the fact the Planning Commission waived the 3-acre requirement at their initial meeting to build townhomes in this zoning district. He stated the Planning Commission made a motion to approve the CUP for Kirtland Tudor Estates with the following conditions:
1. The Planning Commission would waive the 3-acre minimum requirement.
2. The project shall comply at all times with the laws of the City and all the appropriate building and zoning regulations therein.
Mr. Kary stated he struggles with the Planning Commission “waiving” a City ordinance. This sets a very bad precedent for future decisions. The Planning Commission should have addressed the approval of the CUP based on the land presented, not waive a city requirement. For the record, when the Zoning Board of Appeals is presented with a hardship from a resident or a business asking for a variance, the board typically allows forgiveness of 20%, not 80%.
Mr. Kary stated that the proposed project involves using private roads and driveways. The City has not seen any proof of an agreement or easement for the new proposed townhomes to use the private roads and driveways. In the past, the City has asked for documentation that assures the City is not approving a plan without regard to the residents of the City that reside in private associations. Mr. Kary stated it would be irresponsible to move forward without proof of existing associations agreeing to the terms of use of private roads and driveways.
Regarding the driveway in place that serves the four condominiums, Mr. Strauss stated at the June 13, 2023, Council meeting that the driveways, on average, in the development are 12' wide. The driveway now servicing the four existing units serving the proposed units is 22' wide. Mr. Kary stated he went to Kirtland Tudor Estates and measured for himself, finding that Mr. Struss is correct in his statement that the apron is 68’ wide, but the driveway itself is not 22’ wide but only 18’ wide.
Regarding the berm, Mr. Kary stated there has always been a strong concern for the berm being maintained because it serves as both a sound barrier and visual barrier to Rt. 90 and the high-tension wire corridor to the north of the development. At the last Environmental Planning Committee meeting, Mr. Strauss stated he had no intention of touching the berm or reducing the height of the berm. He stated that the highest point of the berm is around 785’ above sea level, and the ground level is to be built 757’ above sea level, making the berm 28’ tall at its highest point, meeting the needs as a sound and visual barrier for the development. Mr. Kary stated that according to the experts he spoke with, there is a private driveway to the rear of the townhomes with a turn-a-round; where that turn-a-round is located, there will be a need to remove around 22’ of the berm in height. This is based on the topographical maps submitted. This is why Mr. Strauss is showing a proposed retaining wall about 20’ in height in his plans.
Mr. Kary stated that the Environmental Planning Committee, as well as the Planning Commission and Council, should work with Mr. Strauss to develop this property, but on the other hand, prevent any change in the integrity of the berm that serves such a critical function to Kirtland Tudor Estates, the residents and the economic value of the properties.
Mr. Kary stated he is recommending to Council that they reject the legislation this evening addressing EAS #3-2-23 (amended). He is recommending to Mr. Strauss that he revisit his plans, address the concerns cited, and remove the issues of change and uncertainty.
Mr. Kary addressed Mr. Strauss, stating the City’s job is to assure that what is being proposed is accurate, abides by the City’s ordinances, and, above all, stays consistent with his commentary, his plans, and the documents submitted.
AGENDA
REGULAR COUNCIL MEETING
July 11, 2023
PUBLIC HEARING - 7:10 p.m.
2024 Tax Budget
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 2024 Tax Budget on Tuesday, July 11, 2023 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 2024 is on file in the office of the City Finance Director and available for public inspection from 8:00 a.m. to 4:30 p.m. Any person interested in being heard on the proposed 2024 Tax Budget of the City of Willoughby will have an opportunity to be heard at the date and time slated above.
Clerk Novak read the legal notice for the public hearing to be held tonight on the proposed
2024 Tax Budget
Those Speaking in Favor - No one spoke.
Those Speaking in Opposition - No one spoke.
Absent: Councilmen Anderson and Carr
APPROVAL OF MINUTES-
Regular Council Meeting of June 13, 2023
STANDING AND REGULAR COMMITTEE REPORTS
No major reports
CORRESPONDENCE
No correspondence
PUBLIC PORTION
No one spoke
PENDING LITIGATION STATUTORY REQUIREMENT:
Council review and approval of findings and conclusions of fact per rezoning denial of April 4, 2023.
Motion made and seconded to approve the written findings and conclusions of fact per the rezoning denial of April 4, 2023, in the case of Joseph Conti versus the City of Willoughby.
Roll Call 5 yes
0 no Motion carried 5 to 0
UNFINISHED BUSINESS
RESOLUTION NO. 2023-57- Tabled-Amended 7/11/23
A resolution approving EAS #3-2-23 for the construction of eight (8) four (4) townhomes on single-family fee simple envelope lots located on Kirtland Road (Kirtland Tudor Townhomes at Kirtland Tudor Estates).
Motion made by Councilman Kary and seconded by Councilman Merhar to amend Resolution No. 2023-57 striking out the word eight and the number 8, replacing them with the word four and the number 4 in both the caption and Section 1 of the resolution.
Discussion: Law Director Lucas stated that only 5 Council members are present tonight, and 4 are required to vote affirmatively. He stated that although this is unusual for Council, typically, the Planning Commission and the Zoning Board of Appeals ask the applicant if they want to keep the item on the table when there is a limited quorum (as amended in this case). With 7 Council members present four votes are required as opposed to when five members are present; 80% of the quorum is needed. Mr. Lucas stated the decision (to move forward with the vote) is at the discretion of the Chairman. Whether there are 7 or 5 Council members present, four votes in the affirmative are necessary. Vice President Tomaselli stated he wished to move forward.
Roll Call 5 yes
0 no Motion carried 5 to 0
Motion made and seconded to adopt Resolution No. 2023-57 as amended.
Roll Call 0 yes
5 no Motion defeated 0 to 5
NEW BUSINESS
RESOLUTION NO. 2023-82 Motion carried 5 to 0
A resolution authorizing the Mayor to enter into an agreement with the Board of Lake County Commissioners to participate in the Urban Entitlement Community Development Block Grant (CDBG) Program and for the utilization of funds made available by the Housing and Community Development Act of 1974, as amended.
Mayor Fiala stated this legislation is requested every year and enables the City to get into the pool for funding. Mr. Lannon stated the City has received two grants in the past two years with Parks & Rec being the recipient as of late. The parking lot at Osborne will be paved using these funds.
RESOLUTION NO. 2023-83 Motion carried 5 to 0
A resolution approving the editing and inclusion of certain ordinances as part of the various component codes of the Codified Ordinances of the City of Willoughby, Ohio.
Law Director Lucas stated this is a conglomeration of ordinances passed over the last year to enable the codified ordinance company to include them within the current codified code. The codified ordinances are updated annually and is the codification of published ordinances that have been passed.
RESOLUTION NO. 2023-84 Motion carried 5 to 0
A resolution authorizing the Mayor to negotiate and execute a contract with Richard L. Bowen &Associates, Inc. for architectural services and design of the building located at 37733 Euclid Avenue necessary for the Willoughby Police Station.
Mayor Fiala stated that two qualified firms were interviewed, and Bowen was selected. This legislation allows the Mayor to start to negotiate a contract with Bowen; however, if that negotiation fails (if costs are too high), the City would automatically start negotiating with Perspectus. He will inform Council if that happens prior to the next Council meeting. Once the contract is negotiated, that will trigger a series of planning meetings. He stated the budget will remain but the design may change; Bowen originally developed the budget. The planning team will include Service Director Palmisano and Buildings and Grounds Supervisor PJ Turosky.
ORDINANCE NO. 2023-85 Motion carried 5 to 0
An ordinance providing for the issuance and sale of bonds in the maximum principal amount of$17,000,000 to pay the costs of constructing, reconstructing, remodeling, furnishing and equipping a new Police Station and acquiring certain real estate for the same, with the related site,, improvements and necessary appurtenances thereto.
This legislation is for the issuing of the bonds and paying off the note that was used to purchase theproperty (new Police Station). Finance Director Hoffman said the bond sale will be July 27th, closing on August 9th and pay off on August 10th. Mayor Fiala stated that Finance Director Hoffman and Economic Development Director Thielman did a great job pitching the City and its financial stability during a recent conference call with Moody’s. He feels confident the City will maintain its AA2 rating, which is critical because it will influence the sale of the bond.
RESOLUTION NO. 2023-86 Motion carried 5 to 0
A resolution amending Resolution No. 2023-44 to provide for current expenses and other expenditures of the City of Willoughby, Ohio, during the period ending December 31, 2023
finance Director Hoffman said this resolution covers some minor adjustments one being the Recreation Fund which is matching revenue and expenses on trips that the senior center is creating. Fees for the cemetery were increased and columbarians were approved; now the fund is being created to spend for those columbarians. The special assessment fund is for money the City received from the county.
RESOLUTION NO. 2023-87 Motion carried 5 to 0
A resolution adopting the Tax Budget of the City of Willoughby, Ohio for the Fiscal Year beginning January 1, 2024; submitting same to the Lake County Auditor.
Finance Director Hoffman said this is an annual exercise that is done for the County. She used the fundbalance that is budgeted for the end of this year which is always lower than anticipated due to the fact that funds are always returned at the end of the year. The safety levy was added this year.
RESOLUTION NO. 2023-88 Motion carried 5 to 0
A resolution authorizing the Mayor to accept the proposal by CT Consultants, Inc. for engineering design and construction services for the River Street Soil Stabilization Project.
According to the federal funding rules, Mr. Palmisano said the City had to go out for requests for engineering qualifications and CT Consultants was awarded. Resolution No. 2023-89 authorizes CT Consultants to proceed with the plans and design. Resolution No. 2023-90 sets aside money for the engineering costs for the project which is not included in the Federal Emergency Management Agency (FEMA) grant. City Engineer Lannon said the grant covers 90% of the engineering and construction costs. Construction will take place in 2024.
RESOLUTION NO. 2023-89 Motion carried 5 to 0
A resolution authorizing CT Consultants, Inc. to prepare plans and specifications and to advertise for bids for the River Street Soil Stabilization Project.
Mr. Tomaselli asked if the state is involved in choosing who does the work. Mr. Palmisano said no. Mr.Lannon said he hasn’t fully digested the rules, but it’s federal money coming through the Ohio FEMA. He said there is no plan review, but quarterly reports must be submitted.
RESOLUTION NO. 2023-90 Motion carried 5 to 0
A resolution authorizing an expenditure not to exceed $300,000 for engineering services for the River Street Soil Stabilization Project.
RESOLUTION NO. 2023-91 Motion carried 5 to 0
A resolution authorizing the Mayor to enter into a contract for the purchase of one (1) 2025 e-One HR 100 Single Axel Aerial Truck for an amount not to exceed $1,413,344.00 and to complete the necessary financing for this authorized purchase, which transaction is being made under the State of Ohio Cooperative Purchasing Program for useby the Willoughby Fire Department.
Chief Ungar stated the ladder truck purchase is a combination of a capital purchase request and the result of the passage of the safety levy back in May. He stated the City will most likely choose a financing option that will result in a prepayment discount which will lower the amount of the not to exceed the amount and the use of ARPA funds to offset the costs. This is the same ladder truck discussed during the safety levy discussions. The contract states the delivery will be 810 days but delivery times are being reduced. Ms.Hoffman stated the lease payment is $163,000 over eight years; that figure becomes part of the Fire Department's capital budget.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Mayor Fiala reported that Liberty Development was successful in obtaining historic preservation credits. A meeting is taking place tomorrow with them to see the schedule and their next steps. He stated he would like Economic Development Director Thielman to attend the next meeting to give an economic development update. Regarding the SOM Center Trail, Mayor Fiala said several years ago the City applied for a Congestion Mitigation and Air Quality (CMAQ) grant to create a trail. The grant was awarded but costs for the trail increased post-COVID. The City returned to the Northeast Ohio Areawide Coordinating Agency (NOACA) to request an increase in their budget. NOACA helped the City apply for another grant, but was not successful. In the meantime, City Engineer Lannon suggested a sidewalk for about $411,000. Council agreed to contribute $250,000 of American Rescue Plan Act (ARPA) funds towards the project. The City would be short by about $160,000. Ben Capelle has indicated Laketran would be able to help with the remaining funding. There may be enough money to bid on the project by early spring. This sidewalk would be on the west side of SOM Center Road.
Mayor Fiala stated he recently participated in a day-long work session with the Chagrin River consulting team to create an action plan. He would like to report on the Osborne Park and Chagrin River Trail projects at upcoming Council meetings. Regarding the Vine Street Corridor Project, Mayor Fiala said the community meetings are complete and there is $150,000 to spend but the project is $20 million. The City may get a large portion of money, which would be used between Rt. 2 and downtown for the arch treatment of the railroad and Rt. 2 bridges. Vine Street is scheduled to be paved in 2024.
DIRECTOR’S REPORTS
Law Director Lucas - Mr. Lucas thanked Council for approving the findings and conclusions of facts; the Law Department will submit the documentation to the court.
Service Director Palmisano - Mr. Palmisano thanked Council for the passage of Resolution Nos. 2023-88, 89 and 90. Artsfest is this weekend, followed by the boat parade at 6 p.m.
Fire Chief Ungar - Chief Ungar thanked Council for the passage of Resolution No. 2023-91. Chief Ungar reported that a newly hired paramedic set a University Hospital record for administering a thrombolytic on a stroke victim within 14 minutes of crossing the plane of the emergency room doors at UH Lake West Medical Center.
Police Chief Schultz - Chief Schultz reported that the Willoughby Police Department did not initiate two recent vehicle pursuits in the City. Both incidents involved stolen vehicles and one involved a loaded firearm. Both incidents occurred during high volume of traffic. The Willoughby Police Department was asked to assist; dispatchers and patrol officers assisted in apprehending the suspects. There was no City property damage and no patrol officers were hurt; one person suffered minor injuries. Policies and procedures are in place to reduce the possibility of injuries and do what's right for the community. Chief Schultz asked everyone to go on Facebook and vote so the department may secure a grant for the department's K-9 program.
Finance Director Hoffman - Ms. Hoffman thanked Council for passing Resolution No. 2023-86 and 87 and Ordinance No. 2023-85.
COUNCIL REPORTS
Ms. Sievers - Ms. Sievers reported there will be a Ward 1 meeting on Tuesday, July 18th at 7
p.m. at Osborne Park at the pavilion closest to the lake.
Mr. Kary - No report. Mr. Kary stated that the Lake County Executive Airport is hosting a Wings andWheels event where planes can fly in for free. Cars are welcome as well. The event is on August 5th from 11 a.m. until 3 p.m.
Mr. Tomaselli - Mr. Tomaselli reminded us that signatures for the November ballot are due the first week of August.
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
Here are a few updates on current City Initiatives:
This comes from a Memo to Council from the Mayor
· Osborne Park:
The Smith Group is underway with Phase I Park Planning which includes restoration ofthe failed slope and recreation of the natural habitat. We’ve asked that they present their design and budget estimates in August or the first meeting in September. To date, we have our $200,000 EEAG grant, $620,469 from the sale of Beachview properties, and $900,000 committed from the City’s ARPA funds. This represents a total of $1,720,469 million dollars for this work.
· Chagrin River Trail:
With the passage of the lot split and consolidation at the Planning Commission, we are prepared to execute the purchase sales agreement to obtain the 105 acres from AOA (Andrews Osborne Academy), using the $1.7 million provided by our NOAA grant. Weexpect this land transfer to occur in the next 60 days.
We completed a day-long workshop with the SmithGroup, Chagrin River Watershed Partners, the Western Reserve Land Conservancy, and an environmental expert to discuss Phase I trail design, including work funded by the consent decree. We expect to have the preliminary design of the trail by early fall.
· Police Station:
An interview team consisting of Council President Bob Carr, Councilman Dan Garry, Police Chief Schultz, Assistant Chief Tartaglia, Chief Building and Zoning Inspector Larry Puskas, Tom Thielman, and the Mayor interviewed Bowen + Associates and Perspectus Architecture on Tuesday, May 30. Both teams presented very well and have strong portfolios in police facility design. After the interview, we asked for additional information from each firm. After receiving this information, the interview team selected Bowen + Associates. We will now begin negotiating the scope of work and fees.
· SOM Center Multi-Purpose Trail:
A few years ago, we received a CMAQ grant to assist in constructing a multi- purpose walking trail along SOM Center Road from Rt. 84 to Rte. 20. With the rapid construction inflation experienced in recent years, the funding fell short of the costs, and with the help of NOACA we applied for additional funding. Unfortunately, we were not awarded the grant, and we now recommend constructing a sidewalk along the western edge of SOM. The total cost for this walk is estimated at $411,250. Council allowed a $ 250,000 contribution from our ARPA funds, and we are hopeful that Laketran can contribute the remaining funds as part of their bus shelter improvements plan. We intend to bid on this work for construction in the Spring of 2024.
Once again, I am sharing my plans to be on the ballot this Fall to retain my position on Willoughby City Council. I would appreciate YOUR SUPPORT in NOVEMBER.
Thank you
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