MEETING NOTES MARCH 5, 2024
Willoughby City Council Meeting Summary
• March 5, 2024 •
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:
FINANCE AND AUDIT COMMITTEE MEETING:
Committee: John Tomaselli, Dan Garry, Ken Kary
*The purpose of the Finance & Audit Committee meeting is to discuss the 2024 Operating Budget.
AGENDA
REGULAR COUNCIL MEETING
March 5, 2024
APPROVAL OF MINUTES-
Regular Council Meeting of February 20, 2024
STANDING AND REGULAR COMMITTEE REPORTS
Finance and Audit Committee, Mr. Tomaselli – Mr. Tomaselli stated a committee meeting was held tonight to discuss the 2024 operating budget; another meeting will take place on March 19th.
CORRESPONDENCE
No correspondence
PUBLIC PORTION
Dennis Quigney, 5349 Strawberry Lane, Willoughby – Mr. Quigney stated he had a few questions, but a few of his questions were answered by watching the Mayor’s video report. Mr. Quigney asked how the decision was made to close the Euclid Avenue pool and what the plans are for the property. He asked what the intention was for the former Police Station; the Mayor’s video indicated it may be used for public use but that was a different answer than the one he received about 15 months ago when he came to a Council meeting. He stated that the YMCA in Willoughby has an affiliation with the Jakse pool in Eastlake; he wasn’t sure if the City has a similar collaboration with the YMCA. He stated he lives in Ridge Acres and would not be buying a pool pass to use the Osborne Park pool. He inquired about the project at Osborne Park. He attended a baseball meeting recently where he learned the amphitheater is not moving forward at this time. He inquired about the former Union High School project.
Regarding the Euclid Avenue pool, Mayor Fiala stated there are some serious safety issues; the pool is about 60 years old with the last renovation about 20 years ago. Along with the safety issues, it is costing the City a lot of money to run it primarily because the pool loses about 3,000 gallons of water a day. He stated the City has an opportunity to rethink that whole area; a planner will be hired and the hope is to have some sort of aquatic feature. Regarding the Police Station, the City does have a willing buyer but the site could be an expanded park site. Regarding Union High School, Mayor Fiala stated that groundbreaking will begin in April. The Osborne Park project has been broken into two different projects. The first priority is the slope stabilization project which is about $3 million to $3.5 million. The engineering for that project is done with permitting currently in progress. The City has about $1.8 million between land sales and grants and some ARPA money that was allocated to that project; he is hopeful to receive more grant money. That project will start hopefully in the spring of 2025. He stated Council approved legislation to do the engineering for the uplands part of Osborne Park which includes an overlook and customer friendly features. That project is approximately $3 million. Regarding the amphitheater, Mayor Fiala stated that project would not affect any of the baseball fields; the project has been put on the back burner. The City has secured property from Andrews Osborne Academy (AOA) and has put the focus on the other side of the river. There are no plans at this time to move or relocate any baseball fields. Mr. Quigney asked if there was any thought to putting an amphitheater on the AOA property near the Fine Arts Association. Mayor Fiala stated that was not considered but the City will be collaborating with the Fine Arts Association and AOA.
Scott Halloran, 13599 County Line Road, Russell Township – Mr. Halloran states he is CEO and co-founder of Buckeye Relief located in Eastlake, Ohio. He stated the company employs 123 people and has three dispensaries: one in Bedford, one in Cleveland Hts., and one in Columbus near New Albany. He stated with the passage of Issue 2 in November, adult use (of marijuana) is coming to Ohio as early as June or as late as September. He stated through Issue 2, Buckeye Relief as a Level 1 cultivator, is allotted 3 additional dispensary licenses. He stated they are working through the process with the state to determine where the dispensaries will be located. He stated that currently there are 125 dispensaries in the state, and with the passage of Issue 2 there will be an additional 125 to 135 more depending. He stated a lot of municipalities have passed moratoriums or prohibitions on businesses like his to see how the chips are going to fall in regard to the tax dollars and the impact on the communities. He stated this puts a damper on businesses such as his because applications are due in June indicating where the businesses will be opening. He stated a typical business would be about 3,500 to 4,000 s.f. with a very large parking lot in a community such as Willoughby. He stated his store located in Columbus would be a good analog as to what a store on Euclid Avenue would look like. The business sees about 600 people a day; there are 165,000 medical marijuana patients in Ohio. A best guess is there is about 12%-13% of the population that are regular adult use consumers; that would immediately increase the customer base from 165,000 to about 1.1 to 1.3 million people. The store would need to accommodate 1,000 people a day or more. He stated the store would need between 60 to 80 parking spaces. He stated with the passage of Issue 2 for adult use marijuana there is a 10% excise tax or sales tax, which is in addition to the regular sales tax. He stated that 36% of the 10% goes to the host City or community. He stated his store in Columbus did almost $10 million in revenue in the medical market and he expects an adult use store in Columbus or in Willoughby will do $20 million to $25 million in revenue; multiply that by 3.6% you get around $850,000 that would come to Willoughby. He stated his business is state regulated, all employees are background checked and fingerprinted, they don’t advertise to children and have no neon signs. He stated he would like to open a dispensary on Euclid Avenue in Ward 4; he is aware the City recently passed a moratorium but he would like Council to consider the opening of a store. Council President Carr encouraged him to speak with the City’s administration.
UNFINISHED BUSINESS
ORDINANCE NO. 2023-146 - Tabled
An ordinance agreeing to change portions of the boundary of the City of Willoughby with the Village of Waite Hill, and superseding Ordinance No. 2023-6.
Law Director Lucas stated the county engineers have asked the lawyers to be involved in the discussion regarding this ordinance; the law director from Waite Hill will attend as well. This ordinance will remain tabled.
NEW BUSINESS
RESOLUTION NO. 2024-28 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into a Fifth Amendment to the Purchase Agreement between the City of Willoughby and Liberty Development Company, and declaring an emergency.
A memo was sent out by Economic Development Director stating this amendment would extend the contract 47 days through the end of April. Mr. Lucas stated he is hopeful this is the final extension. Legislation will be before Council for the transfer of ownership.
RESOLUTION NO. 2024-29 Motion carried 7 to 0
A resolution implementing Sections 3735.65 through 3735.70 of the Ohio Revised Code, establishing and describing the boundaries of Community Reinvestment Area in the City of Willoughby, designating a Housing Officer to administer the program, and creating a Community Reinvestment Housing Council, and declaring an emergency.
Mr. Lucas stated this establishes a new boundary for the Community Reinvestment Area (CRA). He stated this is one of the financial contingencies resulting in the extension that was discussed earlier (Resolution No. 2024-28). The area will be named the Willoughby Union High Community Reinvestment Area. Mr. Tomaselli inquired that the new CRA was not the entire footprint of what the development will be; it will only include the part that will be refurbished. Mr. Thielman stated that was correct. The only portion of the project that will be eligible for the 100% for 15 years is the existing Union High building. The new construction behind the school will remain in the old CRA area that is eligible for 100% for 5 years.
RESOLUTION NO. 2024-30 Motion carried 7 to 0
A resolution authorizing an expenditure in an amount not to exceed $30,750 to Cretelligent for a Tier One Evaluation at the Willoughby Service Garage related to the removal of a storage tank system, and declaring an emergency.
A memo was sent out by Service Director Palmisano on this resolution. Mr. Carr asked about the $55,000 deductible and costs that are over that deductible that the City may be reimbursed for. Mr. Palmisano stated that some of the money may be reimbursed, but it is up to BUSTR to decide on what charges to apply on the bill. He said the amount the City expends will be applied to the $55,000; anything over that amount will be judged by BUSTR.
RESOLUTION NO. 2024-31 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into an agreement with SmithGroup Inc. in the amount of $150,000 to provide concept, engineering, and design plans for the Osborne Park Wetlands Projects, and declaring an emergency.
Parks & Recreation Director Keller stated these plans for Phase 2 (flatlands) at Osborne Park will utilize funds from the Coastal Management Assistance Grant (CMAG).
RESOLUTION NO. 2024-32 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into an agreement with SmithGroup Architects & Landscape Architects PLLC in an amount not to exceed $52,850 to prepare a nutrient removal analysis for the Chagrin River Floodplain Restoration & Trail Connection Project, and declaring an emergency.
Mr. Carr stated Ms. Keller’s memo included information about the H2Ohio grant and the nutrient removal process.
RESOLUTION NO. 2024-33 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into an agreement with SmithGroup Architects & Landscape Architects PLLC in an amount not to exceed $43,800 to prepare a desktop river evaluation for the Chagrin River Floodplain Restoration & Trail Connection Project, and declaring an emergency.
This resolution was addressed in Ms. Keller’s memo. There was no discussion.
RESOLUTION NO. 2024-34 Motion carried 7 to 0
A resolution approving Change Order No. 1 in the removal and installation of a storage tank system located at the Service Garage with Precision Pump Inc., and declaring an emergency.
Mr. Palmisano stated this is the physical portion of the project for the storage tank system. Mr. Carr asked if he thought there would be more surprises. Mr. Palmisano stated no; it was obvious what was contaminated (over 100 yards).
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Mayor Fiala stated that with the passage of Resolution No. 2024-29 and a newly established Community Reinvestment Area, the City needs to establish a Community Reinvestment Housing Council; two members need to be appointed by the Mayor, two appointed by Council and one member from the Planning Commission. He will send out a note later this week regarding the formation of that housing council.
DIRECTOR’S REPORTS
Law Director Lucas – Law Director Lucas stated that the administration has two ordinances that will be before Council for conditional uses. One regulates retail sales of controlled substances i.e.., Kava and Kratom. The other one deals with electronic cigarettes and vaping devices. He stated this is not a ban, but passage of the ordinances would put them in certain zoning classification districts that the City thinks is appropriate. This is included as part of the conditional use permit itself. He stated he will be sending out a memo on conditional use permits to Council (what a conditional use permit is and the fact that the City has the right to deny a conditional use permit). He said the legislation itself is not emergency legislation because he feels Council will want a chance to discuss it. He stated the definition of “retail sales” is very broad in the code; the City wants to define retail sales for these products (Kava, et al) with a narrower focus.
Service Director Palmisano – Mr. Palmisano reported that third shift (for snowplowing) is ending this coming Monday. Mr. Anderson asked about the $50,000 set aside for road paving and the three openings on the manning table that are not being filled and if he will fill one of those position in the future to accommodate more paving. Mr. Palmisano stated that is not his plan; those positions will remain on the manning in case they are needed in the future. The material is being ordered for road paving because he is expanding what was done last year. Regarding curbing, Mr. Carr noted the curbing near Bald Eagle Lane on Rt. 91 needs attention. Mr. Palmisano stated that if the developer doesn’t take care of it, the Street Department will. Mr. Palmisano stated that the school board will be filling in the sidewalk on Rt. 91 near Chagrin Mills down from their driveway. Mr. Carr also noted curbs missing on the north side of Johnnycake Ridge up the hill past Daniels Park. Mr. Palmisano noted there was a water main break on Johnnycake Ridge (on the hill near Daniels Park); repairs were completed by the county and so far there is no water seepage.
City Engineer Lannon – Mr. Lannon reported good progress for the design of the Rt. 91 sidewalks with Laketran; they have added a little more money so the City is almost doubling the initial investment from the City’s side. A Memorandum of Understanding should be before Council at the next meeting authorizing the bidding process.
Fire Chief Ungar – Chief Ungar reported the department received another grant award from the state for the purchase of new radios. This is the second award within the last month and a half bringing the total amount of grant received to $20,000. He stated the department will be submitting for an Assistance to Firefighters FEMA grant for the rest of the radios.
Police Chief Schultz – No report. Mr. Carr asked if one of the hotels on Rt. 91 has been sold or had a change in ownership (he noticed an agenda item for a new sign at the hotel for the Sign Review Board). Chief Building and Zoning Inspector Puskas stated that ownership has not changed and they did apply for a sign permit. They requested an extended stay but that implied more than a 30 day stay; it will be rebranded as the Willoughby Lodge.
Chief Building and Zoning Inspector Puskas – No report. Mr. Carr noted the disarray of the Sheetz at Rt. 91 and Maplegrove.
Parks & Recreation Director Keller – Ms. Keller reported that the Easter Egg Hunt is March 23rd at noon. Mr. Anderson asked if there will be a group of people who will look at new ideas for the Euclid Avenue pool site. She stated Ms. Sievers asked to be included as well as a few others. Mr. Anderson asked to be included. Residents are also encouraged to submit ideas as well. Mr. Tomaselli asked about plant life in Daniels Park. Ms. Keller stated there will be two days of planting; one will be in April and another one in May. There will be some sort of ribbon cutting once a plaque is in place. Mr. Carr suggested a walk through once the project is complete.
COUNCIL REPORTS
Mr. Anderson – No report. Mr. Anderson asked if the City would lift the overnight parking ban for St. Patrick’s Day. Chief Schultz stated that had not been discussed noting it falls on Sunday this year.
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
The closing of the city Euclid Avenue Pool
Here are comments made by the Mayor, addressing the decision to close the Euclid Avenue Pool. I hope this helps in the explanation.
MAYOR FIALA WRITES:
At the close of the 2023 pool season, the administration and City Council discussed the concerns and challenges at the Euclid Ave Pool. Subsequently, we made the difficult decision to close the pool to ensure the safety of our pass members and guests.
During these meetings, it was decided to close the pool for three primary reasons including:
Safety Concerns: Our top priority is the safety of everyone who utilizes our pool facilities. Recent pool inspections have highlighted areas that require immediate attention to meet the highest safety standards. The most significant concern is that areas of the cement pool floor have disintegrated to about an inch to two inches in some places, which could cause a pool floor collapse due to the water's weight.
Operational Costs/Needed Repairs: The Euclid Ave. pool was built in 1965, and wear and tear on the pool infrastructure has become evident. Over the last few years, we have been monitoring these issues closely and making repairs when possible, but it has become apparent that we can no longer keep the pool safe and operate cost-effectively.
For example, at the start of the 2023 season, the pool lost approximately 10,000 gallons of water daily. We were able to make some repairs, but the pool was still leaking an average of 3,000 gallons of water each day during the 2023 season.
Also, over recent years, the 50-year-old infrastructure, including pumps, pipes, and other equipment, has deteriorated much faster.
Lifeguard Shortage/Declining Attendance: Like many other communities, Willoughby has experienced a national lifeguard shortage since 2020. This shortage affects the hours our pools can be open. Additionally, we have experienced declining attendance at the Euclid Ave pool.
Future Opportunities: During the closure of the Euclid Avenue pool, the city intends to hire a consulting firm to develop a comprehensive master plan to analyze the best use of the current space, including an aquatics component.
The city will also consider the possibility of expanding its recreational footprint as the current police station will become vacant when the police department relocates.
Our Osborne Park pool will open for 2024 with expanded hours. We have made accommodations at Osborne for our swim team, swim lessons, pool parties and offering bus transportation through our Parks and Recreation Department to and from Osborne Park pool.
As your councilman, I agreed with this decision for many reasons, many of which were cited by the Mayor.
The pool is almost 60 years old. My wife, Beth, was an employee there from when it opened to the mid-seventies. She was a lifeguard and instructor in Water Safety. The pool has always had issues, they all do. For it to survive as long as it has is quite an achievement. At some point, an entity such as this must be retired. Pouring monies into the pool for maintenance and upkeep becomes unreasonable. Look at our neighboring cities; they have been closing pools for years. Fortunately, we still have a second Municipal Pool. We will do everything in our power to help that facility to operate at the highest level possible. Remember, for those who are screaming, my kids cannot ride their bikes now from Ridge Acres to the pool........Osborne Pool was not always in existence. Those living in the North End of Willoughby had to navigate the Euclid Avenue Pool BEFORE Osborne Pool opened!
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/