COUNCIL MEETING NOTES MARCH 19, 2024
Willoughby City Council Meeting Summary
• March 19, 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:
ENVIRONMENTAL PLANNING COMMITTEE MEETING:
Committee: Ken Kary, Dan Anderson, Dan Garry
*The purpose of the Environmental Planning Committee meeting is to review:
EAS #5-1-24 - Renovation of the existing building into forty (40) apartments and construction of eighteen (18) townhomes located at 25 Public Square (Willoughby Union High School)
Chairman Kary asked Mr. Siley to briefly describe the project. Mr. Siley thanked the Mayor, Council and the administration for sticking with them over the last two years. He stated the project is a completerenovation of the former Union High School into 40 market rate apartments; they have received both state and federal historic tax credits. The building is now listed on the National Register of Historic Places. Liberty Development has partnered with Payne and Payne to build the 18 for sale townhomes that will be located behind the high school fronting Center Street and Euclid Avenue. He believes the market rate apartments will be attractive to empty nesters and young professionals and 10 of the townhomes will have first floor master bedrooms.
Regarding storm water management, Mr. Kary stated that Liberty Development is to work with the City Engineer, the WPCC and follow the code. WPCC noted there should be an evaluation of the sanitary sewer capacity. According to the Police Department, there shouldn’t be a negative impact on traffic; there was a school there at one time with a busier capacity. The Fire Department has no concerns but noted there will be an increased occupancy. There were no noise, air or water pollution concerns. There will be a minimal impact on the school system. There were no hazardous waste concerns. Regarding the asbestos, Mr. Siley stated they will be following EPA guidelines for the removal and disposal. The projectis anticipated to begin in May, 2024 and be completed by December, 2025. Mr. Kary asked for confirmation that both the apartments and townhomes will be built simultaneously. Mr. Siley stated that forfinancial reasons it is best to have both the apartments and townhomes built at the same time. He stated one part is not sustainable or successful on it’s own; the cost to restore a building that was built to be a school is only about 50% efficient. He stated 50% of the building is common area with big corridors.Similarly, they would not be able to build and sell the townhomes at the price point they are hoping to ($400,000 range) with an empty 40,000 sq ft building next to them. Mr. Anderson asked about staging ofthe project. Mr. Siley stated the connections for water, sanitary and storm for most of the site are on CenterStreet. The Euclid Avenue site will be serviced for water and sanitary also from Center Street. The major work will be done on Center Street where they will have to cut into the street and work their way into the project and to Euclid Avenue. This will allow staging for the apartment construction so any vehicles making deliveries and heavy equipment will be run up and down Euclid Avenue and not Center Street. Mr. Garry asked if they were adding to the footprint of the school. Mr. Siley stated no; there are actually tearing down the industrial arts building in the back.
There were no other comments or concerns. Mr. Kary stated the committee is recommending to Council the passage of EAS #5-1-24.
The Environmental Planning Committee adjourned at 5:56 p.m.
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 19, 2024
PUBLIC HEARING - 7:10 p.m.
Text Amendments (see attached legal notice)
Said hearing will be held on the following proposed text changes to the Planning and Zoning Code:
Amend Chapters 1103, 1141, and 1155 of the Codified Ordinances of the City of Willoughby, Ohio, titled, "Definitions", "Business Districts", and "Use Specific Regulations", specifically Section 1103.03 titled "Definitions of General Terms" adding definitions for Retail Sales of Controlled Substances and Retail Sales of Electronic Cigarettes and Vaping Devices, Section 1141.03, titled "Schedule of Permitted Uses" adding schedule of permitted uses for Retail Sales of Controlled Substances and Retail Sales of Electronic Cigarettes and Vaping Devices and Section 1155.04 titled, "Use Specific Regulations" adding standards and requirements for Retail Sales of Controlled Substances and Retail Sales of Electronic Cigarettes and Vaping Devices.
PUBLIC HEARING:
Clerk Novak read the legal notice for the proposed text amendments
Those Speaking in Favor – No one spoke.
Those Speaking in Opposition – No one spoke.
APPROVAL OF MINUTES-
Regular Council Meeting of March 5, 2024
STANDING AND REGULAR COMMITTEE REPORTS
Finance and Audit Committee, Mr. Tomaselli – Mr. Tomaselli stated a committee meeting was held tonight for thecontinuation of the 2024 operating budget discussion with legislation on the agenda tonight.
Service Committee, Dan Anderson – No report. Mr. Anderson stated someone posted a picture of a pothole on Facebook. He stated the pothole was reported and filled within a few hours noting that it was shared over 400 timesafter it had been filled. He wanted to acknowledge the great job by the Service Department for addressing the pothole so quickly.
CORRESPONDENCE
No correspondence
PUBLIC PORTION
Neil Sharpe, 39425 King Edward Court, Willoughby – Regarding Ordinance No. 2024-43 on campingprohibition upon public property, Mr. Sharpe voiced concerns on how the legislation reads; a homelessindividual can camp and not have any repercussions. He feels the legislation does not address the homeless issue. Someone can identify themselves as homeless and therefore, they can camp. He feelsthis can apply to an individual who is legal and illegal. Mayor Fiala stated the City will not discriminateagainst the homeless and individuals will be asked to camp in a designated location. Mayor Fiala stated that in the legislation (Section 541.11 (c)), an individual must meet all three of the criteria listed (homeless, no available shelter and no ability to find accommodation on their own). If the individual meets all the criteria, the City cannot do anything. However, there is a local shelter and the City will transport individuals if necessary.
Robin Brunkala, 4428 Center Street, Willoughby – Ms. Brunkala stated that she had gone to thePolice Station last year regarding individuals camping and was told that homeless could sleep in the backyard of the Police Station. Chief Schultz stated that was never a direction given to his Patrol Officers.
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 WaiteHill, and superseding Ordinance No. 2023-6.
Mr. Carr stated an e-mail was sent out by Law Director Lucas stating that it was discovered that a sliver of property is owned by Willougby Township. This ordinance will remain tabled.
NEW BUSINESS
RESOLUTION NO. 2024-35 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into a Memorandum of Understanding with Lake County Regional Transit Authority necessary to the SOM Center Road Sidewalks Project, and declaring an emergency.
Mayor Fiala stated that Laketran passed legislation last evening regarding this project. City Engineer Lannon stated that Laketran continues to increase their financial contribution as they find gaps in their desired areas; they are paying 50% of the costs. The sidewalks will be completed on the east side of SOMCenter Road from Aspenwood to Euclid Avenue and on the west side from Colonial to Euclid Avenue. Mr.Carr thanked Mr. Lannon for his work on this project. Regarding the commercial businesses on SOM Center Road, Mr. Carr stated there is an ordinance in place that provides for them to put sidewalks in. Mr.Merhar asked about a provision for residential sidewalks. Mr. Carr stated it was discussed a few years back but there wasn’t a big appetite to do that; there was some backlash from the residents. Mayor Fiala statedthe expense would have been too large for some residential property owners on SOM Center Road. Mr. Carr stated that some of the Residential Income District (RID) money would allow the City to finish the remainder of the sidewalks.
RESOLUTION NO. 2024-36 Motion carried 7 to 0
A resolution authorizing the City Engineer to prepare plans and specifications and to advertise for bids for theSOM Center Road Sidewalks Project, and declaring an emergency.
Mr. Carr stated this legislation authorizes the City to go out for bid on the SOM Center Road sidewalks. Mr. Merhar asked if the City installs the sidewalks, who is responsible for maintaining them. Mayor Fiala stated it would be the homeowners responsibility through the point of sale.
RESOLUTION NO. 2024-37 Motion carried 7 to 0
A resolution authorizing the Mayor to enter into an agreement with Everstream Solutions, LLC to provide fiber internet service for 60 months for all City Departments, and declaring an emergency.
Finance Director Hoffman stated this will save the City $1,500 a month; this simply changes the provider.
ORDINANCE NO. 2024-38 Motion carried 7 to 0
An ordinance providing for the Manning Levels and Compensation of Elected and Appointed Officials and Salaried and Non-Union Employees of the City of Willoughby, Ohio; repealing any and all other ordinancesor parts thereof which may be inconsistent herewith or which may be redundant hereto; and declaring an emergency.
Mr. Carr stated that Ms. Hoffman had sent out a memo on this ordinance indicating a 2 ½% increaseacross the board and a few changes to part time staff in Parks & Recreation.
RESOLUTION NO. 2024-39 Motion carried 7 to 0
A resolution to make appropriations for current expenses and other expenditures of the City of Willoughby, Ohio, during the period ending December 31, 2024, and declaring an emergency.
Mr. Carr thanked Ms. Hoffman and her department for their hard work on the budget and Mr. Tomaselli for facilitating the discussion on the budget.
RESOLUTION NO. 2024-40 Motion carried 7 to 0
A resolution authorizing an extension until June 15, 2024 of the temporary moratorium, now in effect, on theapproval of any application for premises to be occupied by and used, in total or in part, for the sale andconsumption on site of Kava, Kratom, Delta 8-THC and/or Delta 9-THC; and further temporarily prohibiting any such similar use permit, license, variance or development plan approval for said facilities within the City of Willoughby, and declaring an emergency.
Mr. Carr stated the current moratorium expires in April; this will extend it for a few months. Mayor Fiala stated this allows for the three readings for the legislation.
ORDINANCE NO. 2024-41 - First Reading
An ordinance amending Chapters 1103, 1141, and 1155 of the Codified Ordinances of the City of Willoughby,Ohio, titled, "Definitions", "Business Districts", and "Use Specific Regulations", respectively.
Mr. Carr stated this ordinance and the one that follows (Ordinance No. 2024-43) are on a first reading. The administration and the Law Department wanted to do three readings due to the significant changes. It wasnoted that the captions on both pieces of legislation are the same; 2024-41 address Kava, Kratom, et aland 2024-42 addresses e-cigarettes and vaping. Mr. Carr asked if there was any reason why the legislation couldn’t be combined for the next reading. Mr. Peterson stated he believes legislation wasprepared separately in case something were to change down the road. Mr. Carr confirmed that this legislation would make the sale of products conditional in the retail general business and lakeshore generalbusiness. Mayor Fiala stated that was correct and it also further defines a conditional use. These ordinances will give the Planning Commission a tool to reject a conditional use if the residents in that ward don’t want it.
ORDINANCE NO. 2024-42 - First Reading
An ordinance amending Chapters 1103, 1141, and 1155 of the Codified Ordinances of the City of Willoughby,Ohio, titled, "Definitions", "Business Districts", and "Use Specific Regulations", respectively.
Mr. Carr stated this ordinance addresses e-cigarettes and vaping.
ORDINANCE NO. 2024-43 Motion carried 7 to 0
An ordinance amending Chapter 541 of the Codified Ordinances of the City of Wiloughby, Ohio titled, "Property Offenses"; specifically, establishing Section 541.11, titled, "Camping Prohibition Upon Public Property".
Mr. Carr stated this legislation doesn’t go into effect for 30 days. Service Director Palmisano stated he reached out to the city of Chardon who recently passed similar legislation and inquired if they put signage out. Chardon did not put signage out; it is an enforceable ordinance. Mr. Palmisano stated that the City has to supply an area where individuals can camp. Ms. Keller stated she issues permits for instances that take place in the parks i.e., if boy scouts want to camp.
ORDINANCE NO. 2024-44 Motion carried 7 to 0
An ordinance amending Chapter 913 of the Codified Ordinances of the City of Willoughby, Ohio, titled, "Sanitary Sewerage System Charges"; specifically, Section 913.10, titled, "Surcharge for Extra-Strength Wastes", and declaring an emergency.
Mr. Carr stated this is the annual adjustment; some charges increased quite a bit. Mr. Palmisano statedthat chemical costs have increased over the last year. These rates are generated by the pre-treat department at the WPCC. Mr. Palmisano stated that if restaurants are discharging a lot of grease it is reflected in their charges.
RESOLUTION NO. 2024-45 Motion carried 7 to 0
A resolution approving EAS #5-1-24 for renovation of the existing building into forty (40) apartments andconstruction of eighteen (18) townhomes located at 25 Public Square (Willoughby Union High School).
No discussion on this resolution but Mayor Fiala stated there will be more legislation for the Tax Increment Financing (TIF).
ORDINANCE NO. 2024-46 Motion carried 7 to 0
An ordinance repealing Ordinance No. 2023-145 and accepting the amended final plat for Andrews Ridge Subdivision, Phase 1, and declaring an emergency.
Mr. Lannon stated that at some point a wetlands buffer disappeared from the plat so it was added back in.
ORDINANCE NO. 2024-47 Motion carried 7 to 0
An ordinance declaring 100% of improvements to certain parcels of real property to be a public purpose, describing the public infrastructure improvements to be made to benefit those parcels, requiring the owners ofthe improvements thereon to make service payments in lieu of taxes, establishing an Andrews Ridge Municipal Public Improvement Tax Increment Equivalent Fund for the deposit of such service payments and related matters, as amended.
Mr. Carr asked Mr. Tomaselli if he was satisfied with how the legislation is written pertaining to what themoney can be used for. Mr. Tomaselli questioned where the actual improvement district starts and ends andwhere the monies can be used within. Mr. Carr stated that Exhibit A outlines improvements to SR 84(Johnnycake Ridge Road), Kirtland Road and infrastructure related to Andrews Ridge. Mr. Fiala stated thatany improvements require legislation that would need to be passed by Council; Council has control whatthe money is spent on. Mr. Merhar stated that the main intention for the money is the repair of the sewer. Mr. Carr questioned the listing of parcel numbers in Exhibit B. Mr. Lannon stated that since the plat was already filed for Phase 1, there were individual parcel numbers already in place; the RID encompasses Phase 1 and 2 of Andrews Ridge.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Mayor Fiala stated some other code changes are coming soon that were the result of the joint PlanningCommission meeting. He stated the City is obligated to go through a reevaluation of the LocalGovernment Fund (LGF) which is dictated by the county’s budget commission. The LGF is money that theCity receives that is passed through the county. It is almost certain that western Lake County cities will lose money; however, the full implications are not known. This reduction will be rolled out over the next 7years until the next census. It is based on population; the biggest growth in population is on the easternend of the county. The City receives approximately $1.5 million and he believes the City will lose about $300,000.
DIRECTOR’S REPORTS
Assistant Law Director Peterson – No report. Mr. Carr stated he recently heard that former Law Director John Wiles had passed away.
Service Director Palmisano – Mr. Palmisano thanked Council for the passage of Ordinance No. 2024-44. He thanked Mr. Anderson for his comment earlier about the Service Department addressing a pothole. Mr. Carr confirmed with Mr. Palmisano that Wickliffe will be paving Rt. 84 up to the border at SOM Center Road.
City Engineer Lannon – Mr. Lannon stated he’s looking forward to coming back to Council for sidewalk bidsfor SOM Center Road as he’s been working on cost estimates for about 25 years.
Police Chief Schultz – Chief Schultz stated that over a year ago, the department was able to get into apartnership with all 22 Lake County law enforcement agencies to create the first ever Lexipol policy management system for all police departments. This was done under the guidance of Lake County Commissioner John Hamercheck. The Lexipol system is a policy system backed by state and federal case law and best practices. It is constantly reviewed by their attorney and updated all the time. He stated the better policies the department has, the better service the department can provide to the community.
Parks & Recreation Director Keller – Ms. Keller reported the Easter egg hunt is this Saturday at noon at Willoughby South High School. Mr. Kary asked about the busing to and from Osborne Park pool. Ms. Keller stated there will be a shuttle bus but she doesn’t have the schedules yet.
Finance Director Hoffman – Ms. Hoffman thanked Council for passage of Ordinance Nos. 2024-38 and 39 and Resolution No. 2024-37.
COUNCIL REPORTS
Mr. Carr – Mr. Carr thanked City Engineer Lannon, Mayor Fiala and Council for their support for the SOM Center Road sidewalks.
ADJOURNMENT
COMMENTS BY COUNCILMAN KARY
Just a few comments about:
The Kennedy Group and “the NOISE.” I want to share with everyone that I and the entire City Hall are aware of what is going on with this prominent company in Ward 2.
Here are the details if you are among the few that do not know. There is an exhaust fan on the top of their building at 38601 Kennedy Pkwy, Willoughby, OH 44094. The Kennedy Group is a global leading provider of product labeling solutions, RFID solutions, and material identification and handling (Labeling and Packaging). This exhaust fan is flawed and creates a very annoying noise in homes and apartments in the area. This noise was a nuisance to the area 24-7. For the record, the day the problem was presented to me as the Councilman, I communicated with City Hall, and we met the owner on-site to discuss the situation. That same day, he addressed the noise, and we thought the problem was solved. Unfortunately, the temporary fix was just that, a temporary fix. Since that time, the company has ordered parts to fix the problem.
Unfortunately, the parts have not arrived yet. There has been a fair amount of communication with ME, as the City Council rep, the Mayor, and the Police Department. I want to assure everyone that WE are aware of the situation and working as closely as possible to get this issue addressed in the most timely fashion possible. Again, the company has the part/s ordered.
In closing, if anyone has any comments or questions they would like to share with me regarding my comments or any legislation that City Council addresses, please feel free to write or call.
440-537-2841
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