MEETING NOTES JUNE 13, 2023
Willoughby City Council Meeting Summary
• June 13, 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
The purpose of the Environmental Planning Committee meeting is to review:
EAS #3-2-23 - Tabled
Construction of eight (8) townhomes on single-family fee simple envelope lots located on Kirtland Road (Kirtland Tudor Townhomes at Kirtland Tudor Estates).
Mr. Kary asked Mr. Strauss to describe the project briefly. Mr. Strauss stated he already has his Conditional Use Permit (CUP) from the Planning Commission as well as an approved development plan. Mr. Strauss stated that after a careful review of the City's ordinances and code, he doesn't believe (and it's the position of Kirtland Tudor Estates LLC) that an Environmental Assessment Statement (EAS) is necessary to construct the townhomes. He stated that only two EAS's have been presented to the City for Kirtland Tudor Estates. One was in 2006 when an EAS was presented to construct 50 single-family homes, 9 were to be detached and 41 units attached. Currently, there have only been 23 units constructed at Kirtland Tudor Estates. Under that scenario, 27 more units can be built under that EAS approved in 2006. The only other EAS that has been presented to the City in 17 years was for a portion of the development that was originally labeled "The Condominiums". Mr. Kary stated that Council will address the current EAS. Planning Commission has addressed the EAS and they approved the Conditional Use Permit (CUP) and the EAS.
Mr. Kary asked Mr. Lannon to review his notes with regard to the project. Mr. Lannon stated there are sufficient utilities to serve the proposal. He didn't see an issue with stormwater, but if any modifications to building sizes are made, the applicant would need to submit revised calculations to accommodate the difference in the pervious area. Mr. Kary thought he had read there should be a consideration for a retention pond for stormwater management. Mr. Lannon stated there already is a retention pond from the initial development and stormwater from the 8 new townhomes would travel to the retention pond.
Mr. Kary stated there were no concerns from directors about noise, air or water pollution. There were no concerns regarding traffic. Mr. Kary stated that the proposal is for 8 townhomes and there are 3 homeowners associations within Kirtland Tudor Estates. Mr. Strauss stated there are two homeowner associations: the Villages Homeowners Association and one other. He stated that the contract with the seller of the property designates that the units to be built will become part of The Villages Homeowners Association. Mr. Strauss stated the purchase agreement is between himself and the seller of the land (Mark France). Kirtland Tudor Estates Limited is the owner of the property and Mr. France is the managing partner of Kirtland Tudor Estates Limited and the President of The Village Homeowners Association which was established in 2006.
Mr. Kary stated there were no issues with the Police Department, minimal impact on the schools and no hazardous waste concerns. Mr. Kary asked Chief Ungar if he evaluated the EAS based on 4 duplex units and 8 townhomes or 2 duplex units and 4 townhomes. Chief Ungar stated they looked at two buildings because that's what was on the revised plan. Mr. Kary asked Mr. Strauss to clarify why the EAS was for 8townhomes. Mr. Strauss stated that during the conversation with the Planning Commission, there was discussion that there had to be a minimum of 3 acres. He stated that when he met with the Planning Commission he made it clear that he would build two buildings and see how that went and then move onto the next phase. He stated there are 27 units left to be built at Kirtland Tudor Estates. Mr. Strauss stated he would be fine if he went back to the Planning Commission to revise the EAS from 2 units (buildings) now and 2 units (buildings) later; or the EAS could be amended today to make it two phases; the first phase with 4 units and phase two with 4 units. Mr. Kary stated that the EAS states 8 townhomes but he communicated with Chief Ungar and complied with his request for only 4 units. Mr. Strauss stated that the reason he and Chief Ungar discussed 4 units is because the road currently doesn't extend past the first two buildings and in order to get Chief Ungar's approval, the road would need to extend past those first two buildings. Mr. Strauss stated that in the purchase agreement, there is an option for him to purchase Phase II. He stated that one of the requirements of the seller, Kirtland Tudor Estates Limited (Mark France) is that he is required to complete the road. He discussed with Chief Ungar and Captain Kocab that he needed enough road to service the first two buildings and it was concluded that there is enough road. The only vehicle that can go behind the units, as with the existing four units, could possibly be a rescue squad.
Mr. Kary stated that it seems that it's been confirmed that the mounding on the north part of the property was created to function as a physical barrier for sound and aesthetics with the high-tension wire corridor behind it. He stated that if that wall wasn't there now, the value of Kirtland Tudor Estates wouldn't be what it is today. Mr. Kary stated that in the Planning Commission meeting minutes, Mr. Strauss stated he would need to add a retaining wall on the mound and the drawings indicate he would be taking a 10' cut off the existing berm. Mr. Strauss said that according to his note sent last Thursday, he has no intention of reducing the height of the berm. Mr. Kary asked if he planned on touching the berm. Mr.Strauss stated he would not. Mr. Strauss stated the retention wall is in front of the berm, similar to what's in front of the Cotswolds; it's a 22' high wall to protect the mound. He stated everyone is worried about erosion control; building a wall means eliminating erosion. Mr. Kary stated that on his drawing, it shows a 10' cut on the mound. Mr. Kary asked if Mr. Strauss t1as submitted any engineering drawings to prove the success of the retention wall and that it won't have an effect on any other retention wall nearby.Mr. Strauss stated the engineering drawings for the wall and for the cuts will be submitted with the building plans and site plans to the City Engineer for his approval along with the plat. He said the Planning Commission, Council and the Environmental Planning Committee don't review engineering plans; the City Engineer does. Mr. Strauss stated once again that the 2006 EAS is still in effect and covers this project. Mr. Kary stated that an EAS assesses the environmental effect on any proposed project, construction or change of land use that has the potential to, because of its magnitude or location, to affect the health, safety and welfare of the adjoining properties prior to the issuance of a permit pursuant to other ordinances of the City. Mr. Anderson asked if a third phase would add to the private driveway. He asked why he didn't get rid of the private drive and come out on Tudor Drive. Mr. Strauss stated he did address those issues and right now he plans on building the 2 units and have a turnaround at the end for extra parking. With the next 2 units, he plans on looping it back to Tudor Drive. He said a revised report was submitted on Thursday and he will have a sidewalk between Building 1 and 2 with a widened apron at the end of the sidewalk to accommodate the garbage cans. Mr. Strauss stated that the width of the apron at Tudor Drive for the individual driveway is 21' on average. The apron for the private driveway that feeds the current 4 units and the proposed 4 units is 68' wide. The driveway was built to accommodate this type of traffic based upon the original development plan that showed the driveways splitting to the left and right. The driveways, on average, in the development are 12' wide and the driveway that is there now servicing the 4 existing units and will serve the proposed units is 22' wide. The drive eway is 12' wider than your normal driveway and the apron is almost 3 times wider than a normal driveway apron. When it was constructed it was clearly intended to serve the units to the left.
Mr. Kary asked if Mr. Strauss would come back to the Planning Commission for approval on 2 units versus 4 units. Mr. Strauss stated he has no problem going back to the Planning Commission but doesn't want to lose the CUP that has been issued already. Mr. Carr asked Mr. Lucas if Council can amend the EAS to state 4 townhomes. Mr. Lucas stated it wouldn't be for Council to determine, it would have to be a voluntary modification represented by Mr. Strauss to limit the EAS. Mr. Strauss said he would agree to amend the EAS to four townhomes and sit down during a work session with Mr. Kary, the Planning Commission, and the City Engineer to discuss the project regarding the retaining walls, the berm and storm water management. He stated that several of the yard drains within the development have never had the fabric removed. He said there is a requirement for yard drains all along the berm which he intends to install on the building side of the retaining wall. He stated calculations for stormwater detention were based on 50 units.
Mayor Fiala asked what kind of subdivision was approved for this project. Mr. Lucas stated it was approved as a minor subdivision. Mayor Fiala said personally he doesn't think units 3 and 4 can be built economically, Mr. Strauss would need to cut into 13' or 14' of earth. The Mayor said he doesn't believe two of the buildings can be built because of the extreme encroachment on the building.
After much discussion regarding the number of units approved for the EAS, the Environmental Planning Committee and Mr. Strauss agreed he will return to the Planning Commission (the CUP will remain in effect) and the EAS approval from the Planning Commission will be modified to build 2 buildings (4 units) down from 4 buildings (8 units). Legislation will remain tabled for EAS #3-2-23.
The Environmental Planning Committee adjourned at 6:55 p.m.
AGENDA
REGULAR COUNCIL MEETING
June 13, 2023
Absent: Councilwoman Sievers
PUBLIC HEARING - 7:10 p.m.
Issuance of Health Care Revenue Bonds-Ohio Living Communities
Breckenridge
APPROVAL OF MINUTES-
Regular Council Meeting of May 23, 2023
STANDING AND REGULAR COMMITTEE REPORTS
No major reports
CORRESPONDENCE
No correspondence
PUBLIC PORTION
Peter Joyce, 39505 Tudor Drive, Willoughby, Ohio - Mr. Joyce stated he owns the property adjacent to the proposed KTE townhouse development. After reviewing Marc Strauss's e-mail dated June 8, 2023 which was a response to his letter to the Planning Commission, it appears the developer doesn't quite know what's to be built. At first, he needed to take the berm down 10' in order to shoehorn the structures and their rear entry driveways onto the two proposed lots versus individual driveways directly off of Tudor Drive. Now the design engineer states that reduction in the berm is not necessary. In response, Marc Strauss states his design will not exceed the 37' height; however, the original renderings exceeded the current height restriction. This begs the question, what height is being considered? Mr. Joyce stated the sound and site berm was originally built 15 years ago by the developer to provide just that; protection from 1- 90 and Route 306. He created the same type of berm along Kirtland Road. There are 25 homes in the community and room for nearly double that. These homes and future homes rely on the berm as a preventative measure against noise and site pollution. He can't imagine any of these homes would have been built without the berm. Mr. Joyce stated reduction of the berm will invite 1-90 and Route 306 into the entire community as well as the proposed townhomes. He stated he is for development but wonders what is truly being considered and who will move into the development without the existing sound and site barrier.
Katie Altadonna-Morley, 39479 Tudor Drive, Willoughby, Ohio - Ms. Altadonna-Morley stated she supports everything her neighbor, Mr. Joyce, just stated a few moments ago about the berm. She stated she feels the same confusion when she looks at the plans and e-mails and wonders what is actually being proposed. She asked that the matter be discussed next Thursday (at the Planning Commission meeting). She stated her home is the closest to the proposed townhomes and she has concerns about the berm being removed or any dirt that would be removed. She stated the existing driveway that supports the 4 existing townhomes is to her best knowledge no more than 15' to 20' wide where two cars can't pass each other; adding four more townhomes would add another 8 cars and if all eight townhomes are built that would add 16 more cars making it 24 cars using a one-way ingress/egress.
Marc Strauss, 39489 Tudor Drive, Willoughby, Ohio - Regarding his neighbors, Mr. Strauss stated he was at a loss because he took his plans and ideas to his neighbors long before he submitted to the City.He thought their comments and concerns would be addressed to him as opposed to the City. He stated the height restriction in the City is 35' and the only reason why he listed 37' is because he was considering replicating another project in Chagrin Falls. He stated that all matters regarding height restriction that have gone before the Zoning Code of Appeals in the last three years have been given a 10% to 20% variance on the 35' in a residential situation. Regarding the mounding issue, he wanted to explain to Council why it was changed from reducing the berm to not touching the berm. It was recommended by the Planning Commission to go back to the engineers and move the retaining wall 20' closer to where the proposed driveway would be. He stated the height of the berm will never be an issue. Mr. Strauss stated there is no intention that he will be touching the berm or reducing the height of the berm.
UNFINISHED BUSINESS
RESOLUTION NO. 2023-57 - Tabled
A resolution approving EAS #3-2-23 for the construction of eight (8) townhomes on single-family fee simple envelope lots located on Kirtland Road (Kirtland Tudor Townhomes at Kirtland Tudor Estates).
RESOLUTION NO. 2023-69 - Amended 6/13/23 - Second Reading
A resolution authorizing the first amendment to contract between Browning-Ferris Industries of Ohio, Inc. dba Republic Services of Cleveland and the City of Willoughby for residential municipal curbside solid waste, recyclable and yard waste collection and disposal in the City of Willoughby.
Law Director Lucas stated that revisions have been made to the contract based on some concerns from Council regarding the agreement. The legal team at Republic didn't have any objections to the revisions. Mr. Carr confirmed that the agreement states a minimum of 6,000 households and the City is at 6,500 (households are defined as private homes and condominiums). He asked if this includes mobile homes. Mr. Palmisano said that is a separate contract.
Motion made Councilman Tomaselli to amend Resolution No. 2023-69, adding the phrasing "including those within sub-developments and condominiums within the City (collectively "household units")" following the verbiage "7,667 residential households" in Section B of the amended contract, deleting Section C in its entirety, striking out the word "residential", striking out the letter "s" from the word "household" and adding the word "units" to the new Section C
(3) of the amended contract, seconded by Councilman Garry.
Motion carried 6 to 0
Motion made and seconded
to adopt Resolution No.
2023-69.
Motion carried 6 to 0
NEW BUSINESS
RESOLUTION NO. 2023-74 MOTION CARRIED 6 to 0
A resolution granting applicable representative approval in connection with the issuance of Health Care Facilities Revenue Bonds, (Ohio Living Communities).
Law Director Lucas stated the reason this comes before Council is that part of the bond revenue pool generated will be scribed through Breckenridge, which is why the City and other communities noted in the legal notice will also have a public hearing. The public hearing is an Internal Revenue Service (IRS) mandate.
RESOLUTION NO. 2023-75 MOTION CARRIED 6 to 0
A resolution authorizing an expenditure not to exceed $350,000 to remove and replace the chassis on Willoughby Fire Department Ambulance #1432 by Horton Emergency Vehicles, Inc. through the State of Ohio Cooperative Purchasing Program.
Chief Ungar stated he has been urged to have a contingency plan in case the chassis they chose isn't available or if other issues aren't visible. This could potentially save the City over $100,000 by replacing the chassis.
RESOLUTION NO. 2023-76 MOTION CARRIED 6 to 0
A resolution authorizing an expenditure in the amount of $303,635 for the removal and installation of a storage tank system located at the Service Garage from Precision PumpInc.,.
Mr. Palmisano said this work will include the removal of the underground storage tanks and everything will be above ground. The tanks will be placed where the pumps are located now. Mr. Tomaselli asked how long the project will take and if the City needs to obtain fuel elsewhere. Mr. Palmisano stated temporary tanks will be on site. He stated if there is an issue obtaining fuel he has an agreement with Big Oats on Pelton Road as they are large enough to get the fire equipment in there. The project will take months to complete.
RESOLUTION NO. 2023-77-Amended 6/13/23 MOTION CARRIED 6 to 0
A resolution authorizing an expenditure in the amount of $90,000 $95,000 for the purchase of six (6) columbariums to be installed in the Willoughby Sharpe Avenue Cemetery and Willoughby Memorial Gardens Cemetery.
Mr. Palmisano stated he received word last Friday that the cost of granite had gone up, which is the reason for the amendment. He needs to see what the final concrete amount will be.
Motion made by Councilman Tomaselli to amend Resolution No. 2023-77, striking out $90,000 and replacing with $95,000 in both the caption and Section 1 of the resolution, seconded by Councilman Garry.
Roll Call 6 yes
0 no Motion carried 6 to 0
ORDINANCE NO. 2023-78 MOTION CARRIED 6 to 0
An ordinance amending Chapter 945 of the Codified Ordinances of the City of Willoughby, Ohio, titled, "Willoughby Cemetery"; specifically, Section 945.01, titled, "Rates and Fees".
Mr. Carr stated there had been a previous discussion on the cemetery rates and Mr. Palmisano had provided competitive pricing; the last increase was in 2008. Mr. Palmisano said our rates are still below neighboring communities, including the new columbariums' cost. The columbarium sales money will go into a new cemetery capital fund.
RESOLUTION NO. 2023-79 MOTION CARRIED 6 to 0
A resolution authorizing the Mayor to enter into a Memorandum of Understanding with Yvonne H. Kirby and the City of Eastlake is Necessary to establish easements for the W-E WPCC Watermain Project.
Mr. Lannon said the easement follows "Route B" that has been discussed for seven years. He stated he hopes this is a higher and dryer route than "Route A" that would have crossed under Corporation Creek from Erie Road into the plant. This follows the Hartford Road right of way from Eastlake across a few pieces of private property. There is a
$195,000 grant that will arrive the first week of July.
ORDINANCE NO. 2023-80 MOTION CARRIED 6 to 0
An ordinance authorizing the sale of real property located on North Beachview Road, consisting of a 0.173 acre lot identified as Permanent Parcel No. 278056F000690, and a
0.192 acre lot identified as Permanent Parcel No. 278056F000700 to Mary Digennaro, without public bidding, for the sum of Three Hundred Thousand Dollars ($300,000).
Mr. Carr stated five of the seven lots have been sold and the proceeds go into the Osborne Park fund. Mr. Lucas said the $300,000 is identical to the aggregate of the two appraisals.
RESOLUTION NO. 2023-81 MOTION CARRIED 6 to 0
A resolution authorizing an expenditure in the amount of $160,000 for the purchase of a Stageline SL100 Mobile Stage from Stageline Mobile Stage, Inc.,.
Mr. Carr stated this stage had been discussed during a discussion regarding ARPA funds. Ms. Keller said proposals went out to businesses asking what the City could get for
$160,000. The delivery schedule is 7 months and it is the same stage the City has been using temporarily. This company has a 24 hour service line if there are any issues.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Regarding the architect selection for the new Police Station, Mayor Fiala stated two firms were interviewed on May 30th. The interview team consisted of Council President Carr, Councilman Garry, Chief Building and Zoning Inspector Puskas, Police Chief Schultz, Assistant Police Chief Tartaglia, Economic Development Director Thielman and himself. Both firms presented very well and he received additional information this afternoon from one of those firms. Discussion will take place regarding the selection, and he would like to make the selection and prepare the contract for approval at the July 11th meeting.
Regarding the recent supreme court decision on the Environmental Protection Agency's (EPA's) waterway, Mr. Anderson asked if the City has spoken to the property owners of Riverside Commons regarding the development. Mayor Fiala stated the case Mr. Anderson is referring to is the Sackett case which reestablished the bar with the EPA (in regard to wetlands).
Law Director Lucas stated he would defer to City Engineer Lannon. Mr. Lannon stated the ruling was sold as a black and white readable opinion but if a wetland is connected to a waterway, he believes that is open to interpretation. He stated there will still be Ohio EPA opinions that will still be valid. He stated everything the City does has to go through the Army Corps of Engineers and the Ohio EPA. Mr. Lucas stated the property owners are looking at that case in support of a more rapid building than they would have without the case. Mayor Fiala stated the developer seemed optimistic they will be able to move forward and asked the City to engage along with them, but the City has been hesitant until the City's issues with the EPA is fully resolved.
DIRECTOR’S REPORTS
Law Director Lucas - No report. Mr. Carr asked when the City would start to receive the initial proceeds from the Residential Improvement District (RID). Mr. Lucas stated that some of the calculations haven't been completed even though they are in effect per say. He stated he is working on it and will get an answer.
Service Director Palmisano - Mr. Palmisano thanked Council for the passage of Resolution No. 2023-69 and thanked Law Director Lucas for his work on the contract with Republic. He also thanked Council for the passage of Resolution Nos. 2023-76 and 2023-77 and Ordinance No. 2023-78. He reported that the Ohio Department of Transportation (ODOT) salt contract has been awarded to Morton Salt for Lake County at $51.99 per ton. The price went up $7.84 per ton compared to last year. Mr. Tomaselli asked if the paving on Kirtland Road is complete. Mr. Lannon stated the surface course is on as well as the guard rails and paint; he can't think of anything else that needs to be completed.
City Engineer Lannon - Mr. Lannon stated he is still waiting on a schedule for the road program contract. Regarding a missing guardrail on Rt. 84 (near Shankland) Mr. Lannon stated that spot is being monitored closely; he will be asking ODOT to fund the repair in that area.
Fire Chief Ungar - Chief Ungar thanked Council for passing Resolution No. 2023-75.
Police Chief Schultz - Chief Schultz reported that the department has started their bike patrol and foot patrol downtown, making officers more visible in the public. The department has been awarded an Aftermath K9 Grant of $250. Chief Schultz reported on an incident involving stolen vehicles last Thursday at Emerald Village Apartments. Mr. Carr asked if the Patrol Officers out on bike patrol or foot patrol are additional resources. Chief Schultz stated those are additional resources and that regular patrol units are out. Mr. Anderson stated he noticed new black SUV's at the Police Station and asked if the department was changing colors. Chief Schultz stated the department is changing the color to black SUV's partly because they were available and are cheaper than the white.
Parks & Recreation Director Keller - Ms. Keller reminded everyone that the car cruise-in is this Saturday. The Great Ohio Bicycle Adventures (GOBA) will be in town on Tuesday with 650 campsites at Todd Field and next Wednesday is the first sunset concert at Osborne Park. She reported the pools and camps are running smoothly.
COUNCIL REPORTS
No major reports
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
I hope all of you are enjoying your summer. Many have taken advantage of the Summer Concert Series at Osborne Park and Point Park in Downtown Willoughby. Great groups and the sense of “community” when we all gather for one event.
Plans are starting for the Summer Art Festival in DTW. The Willoughby Arts Collaborative has several special events and activities planned, so take the time to get downtown and experience the ART.
I am still working on Traffic Signals, monitoring development throughout Willoughby, and Planning for the future of our Great City. We are in a good place providing events, activities, and the “ARTS” throughout Willoughby.
If you have any comments or suggestions, as I have always shared, PLEASE CALL OR WRITE TO ME ANYTIME. I get emails almost daily from my constituents and residents of Willoughby. I feel my first goal is to “get back to you” as soon as possible, letting you know that I have heard your message. Thanks for taking the time to communicate. Your words help me to help Willoughby maintain its history and prepare for the future with a bit of, as one resident stated: COMMON SENSE.
TAKE CARE
KEN
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/