COUNCIL MEETING SUMMARY DECEMBER 17, 2024
Willoughby City Council Meeting Summary
• December 17, 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/
Absent: Councilmen Anderson and Garry
Committee Meetings:
ENVIRONMENTAL PLANNING COMMITTEE MEETING:
Committee: Ken Kary, Dan Anderson, Dan Garry
EAS #16-11-24 - Renovation and construction of an addition to the existing building to a convenience store and gas station located at 4150 SR 306 (formerly Burger King.)
Mr. Kary stated there was a business previously located at the proposed site so there was less concern for stormwater and no need for any additional storm water action. The only traffic concern noted by the Planning Commission was the need for there to be a right turn in and a right turn out. Mr. Stephens agreed that was correct. There were no concerns from Police or Fire, no air, water or noise concerns, no impact on the schools and no hazardous waste concerns (if any they would be disposed of properly). The project will begin in the spring, 2025 and completed by late summer/early fall, 2025. Mr. Carr asked what the namebrand of the gas station is. Mr. Butler stated it will be a Shell station. Mr. Tomaselli asked if there would be any signs directing the patrons through the University Hospital property if they wanted to make a left hand turn onto SR 306. Mr. Butler stated he didn’t believe there would be any intent to do that; he stated peopleseem to find there own ways if they are familiar with the area. He felt that Burger King had the sameconstrictions. Mr. Tomaselli stated he wanted to make sure that they weren’t going to encourage traffic through the University Hospitals parking lot. Mr. Butler stated they have no intent to encourage traffic to do that. He stated there may be an ingress/egress easement into which he was checking.
There were no other comments or concerns. Mr. Kary stated the committee is recommending to Council the passage of EAS #16-11-24.
Law Director Lucas stated both of the EAS’s on the agenda this evening involve vaping products. In April, 2024 Council passed legislation which specifically delineated zoning classification districts that these types of products can be sold by conditional use. Both projects discussed tonight are general business so they arepermitted by conditional use. Both applicants were advised that the City is in the process of undergoing areview of the zoning code including these particular areas of subject matter. He told the applicants and advised the Planning Commission to limit the CUP to one year with the understanding that if the City changed the ordinances they would still be protected by the CUP but not after that; they would not have that available to them depending on the new legislation. In the absence of a prohibition, the applicantswould have the right to renew the CUP the following year. The CUP for Smokerz Drip would be for one yearand the CUP for the gas station would be for 18 months due to the fact that the project would be underconstruction for approximately 6 months. Mr. Lucas noted that the current applicant wanted to sell products until 1 a.m. but it was limited by the code to sell from 5 a.m. until 10 p.m. The applicant may apply for a variance through the Zoning Code of Appeals. Mr. Kary stated that the Planning Commission made sure theCUPs were for one year and that they would expire. He felt it was important for Council to understand thatprior to voting this evening.
EAS #15-10-24 - A smoke/vape shop and sale of related products at the existing building located at 34302 Euclid Avenue (Smokerz Drip).
Mr. Eggett stated the business would be located at the end of the strip mall near the KFC. Mr. Kary asked if there was another smoke shop located in the strip mall. Mr. Eggett stated there was a convenience/liquor store. He stated that he believes they may sell vapes. Mr. Kary stated there were no traffic or ingress/egress concerns since it is an existing retail site. There were no stormwater concerns, no Police or Fire concerns, no noise, water or air pollution concerns and no hazardous waste concerns. There were no demands on the school system. Regarding the timeline, Mr. Eggett stated they weren’t close to opening; he thought perhaps they would be open the first or second week in January. Mr. Carr stated there was a discount tobacco shop located three doors down from the proposed shop. He stated there would be twotobacco shops located in the same strip mall. Mr. Carr voiced concerns about having two tobacco shopslocated in the same strip mall and asked Mr. Lucas if it was proper to vote no on the EAS. Mr. Lucas stated he didn’t know the details of the other store. He stated that under the Conditional Use Permit regulations that were passed in April, there were no limitations in terms of the zoning component dealing with distance restrictions. Mr. Kary stated the Planning Commission has put limits on the CUPs for the sale of these typesof products. The CUP would expire in one year and they will have to return in one year. If the City changes the code by ordinance, this business will need to abide by that. There was discussion regarding what products are sold in the store located in the same strip mall.
The Environmental Planning Committee adjourned at 7:15 p.m.
AGENDA
REGULAR COUNCIL MEETING
December 17, 2024
APPROVAL OF MINUTES-
Regular Council Meeting of December 3, 2024
STANDING AND REGULAR COMMITTEE REPORTS
No major reports
CORRESPONDENCE
No Correspondence
PUBLIC PORTION
Nate Janoso, 3127 Gale Road, Willoughby – Mr. Janoso stated he wanted to talk about some safetyconcerns he has regarding his daughter who attends Grant Elementary School which is about a half a milefrom where he resides. Per the current school policy, his daughter walks to school because they are lessthan a mile from the school. There are no sidewalks on Gale Rd. from Cheltenham to the corner of Hurricane and again from Hurricane to the drive into the school. He stated this is the first year the drop off and pick up lines are routed down Gale Rd. adding extra vehicle traffic making the walk to school verydangerous with the lack of sidewalks. He stated that cars speed down Gale Rd. and due to the cars coming in and out of the school drive he is forced off the road into a deep ditch. A few solutions could be to installsidewalks on Gale Rd. or provide busing to students within a mile of the school. He offered a few suggestions for safety including the addition of school zone signs, a flashing speed limit sign and stop signs added atGale Rd. and Nantucket and Gale Rd. and Cheltenham. Mr. Tomaselli stated he has had conversations with Chief Schultz about this situation which led to additional patrol. There are speeding issues on Gale Rd. andon Hurricane. He stated the City worked with the school to move the pickup line off Hurricane to Gale Rd. because it was backing up onto Lost Nation Road; however, the school never made any considerations forexpanding the school zone. Mr. Tomaselli stated he will get all parties involved to address the safety issues.
Lavare Malina, 37446 Grove Avenue, Willoughby – Mr. Malina stated he just moved to the City on July 1st from New Jersey. He voiced concerns with shopping carts that are left out at various grocery stores in the area (i.e., Target, Giant Eagle) noting that he has 3 dents in his car from run away carts. Mayor Fiala stated it is private property but First Interstate is the developer and he stated the City is willing to reach outto them and let them know their tenants are not being careful. Chief Building & Zoning Inspector Keller stated he can make a call to First Interstate, but ultimately it is their property. He felt the best approachwould be to contact the store manager and find out what their policy is regarding shopping carts.
NEW BUSINESS
ORDINANCE NO. 2024-130 Motion carried 5 to 0
An ordinance amending Article Ill of the Charter of the City of Willoughby, Ohio, titled, "The Council"; specifically, Section 7, titled "General Ordinances".
Mr. Carr stated the first six ordinances on the agenda will approve the charter amendments that were approved by the voters. This amendment would remove the mandatory retirement age. Mr. Merhar asked why Council is passing these ordinances “again.” Mr. Lucas stated Council is approving these ordinances so the publisher can codify them with the next publication; the charter is part of that codification.
ORDINANCE NO. 2024-131 Motion carried 5 to 0
An ordinance amending Article Ill of the Charter of the City of Willoughby, Ohio, titled,"The Council"; specifically, Section 11, titled "Effective Date of Ordinances and Resolutions."
Mr. Carr stated this ordinance will strike the utilities and the emergency clause.
ORDINANCE NO. 2024-132 Motion carried 5 to 0
An ordinance amending Article Ill of the Charter of the City of Willoughby, Ohio, titled, "The Council"; specifically, establishing Section 12, titled, "Removal."
Mr. Carr stated this ordinance will establish the procedure for the removal of a council member.
ORDINANCE NO. 2024-133 Motion carried 5 to 0
An ordinance amending Article IV of the Charter of the City of Willoughby, Ohio, titled, "TheMayor"; specifically, establishing Section 8, titled, "Removal."
Mr. Carr stated this ordinance will establish the procedure for the removal of the Mayor.
ORDINANCE NO. 2024-134 Motion carried 5 to 0
An ordinance amending Article VII of the Charter of the City of Willoughby, Ohio, titled,"Civil Service Commission"; specifically, Section 3, titled, "Classification of Service."
Mr. Carr stated this ordinance addresses the commercial driver’s license instead of a chauffeurs license.
ORDINANCE NO. 2024-135 Motion carried 5 to 0
An ordinance amending Article XI of the Charter of the City of Willoughby, Ohio, titled, "Miscellaneous"; specifically, establishing Section 6, titled, "Gender Neutrality."
Mr. Tomaselli stated he felt the Charter review process is a good process but felt that the changes should be put in layman’s terms so the voters can understand them better. Mr. Kary stated he had a “cheat sheet” so hecould explain the proposed amendments to the voters.
ORDINANCE NO. 2024-136 Motion carried 5 to 0
An ordinance accepting Amendment No. 1 to Ordinance No. 2024-38, the Manning & Payroll Ordinance, relative to the Department of Parks and Recreation, and hourly personnel, fulltime, and declaring an emergency.
Ms. Hoffman stated this change will separate the Activities Coordinator and Program Coordinator for the future. Activities Coordinator will be at the Senior Center and the Program Coordinator will work in Parks & Rec. (at City Hall).
RESOLUTION NO. 2024-137 Motion carried 5 to 0
A resolution authorizing the Mayor to enter into an addendum to the Subrecipient Agreement with the Lake County Commissioners and Willoughby Union Realty, LLC toutilize additional Lake County ARPA funds in an amount not to exceed
$50,000 for the purpose of construction and/or installation of ventilation improvements of the Willoughby Union High Historic Restoration Project, and declaring an emergency.
Mr. Thielman stated originally the Lake County Commissioners approved $250,000 for this project as part of their ARPA funding. The City will pay the bill and will receive the money back from the county per thesubrecipient agreement that was passed. Willoughby Union Realty went back to the county asking if there was more money and the county agreed to an additional $50,000. This resolution will approve the addendum to the first subrecipient agreement. The Mayor stated that the developer will be providing design services for Wes Point Park.
RESOLUTION NO. 2024-138 Roll Call 3 yes
2 no (Carr, Merhar) Motion defeated 3 to 2
A resolution approving EAS #15-10-24 for a smoke/vape shop and sale of related productsat the existing building located at 34302 Euclid Avenue (Smokerz Drip).
This EAS was not part of the discussion at the Environmental Planning Committee meeting; this resolution will be tabled unless a representative shows up.
RESOLUTION NO. 2024-139 Roll Call 4 yes
1 no (Tomaselli) Motion carried 4 to 1
A resolution approving EAS #16-11-24 for renovation and construction of an addition to the existing building to a convenience store and gas station located at 4150 SR 306 (formerly Burger King.)
This EAS was discussed earlier at the Environmental Planning Committee meeting.
RESOLUTION NO. 2024-140 Motion carried 5 to 0
A resolution amending Resolution No. 2024-39 to provide for current expenses and other expenditures of the City of Willoughby, Ohio, during the period ending December 31, 2024,and declaring an emergency.
Ms. Hoffman stated the biggest items are the capital items which are increases for appropriations for Osborne Park and the Chagrin River Floodplain Restoration. Other changes are for health care and StreetDepartment for snow removal and storm clean up.
RESOLUTION NO. 2024-141 Motion carried 5 to 0
A resolution authorizing temporary appropriations totaling $56,660,739 for current expenses and other expenditures of the City of Willoughby, Ohio, during the period ending March 31,2025, and declaring an emergency.
Ms. Hoffman stated the temporary appropriations allow the City to continue operations on January 1st.
RESOLUTION NO. 2024-142 Motion carried 5 to 0
A resolution authorizing the Mayor to enter into a contract with Mark Haynes Construction, Inc. in the amount of $3,256,746.60 for implementing the Osborne Park CoastalImprovements Phase 1 Erosion Project, and declaring an emergency.
Mr. Thielman stated the City went out to bid for the Osborne Park shoreline improvements. Five different firms attended the pre-bid meeting which included a site visit. Five bids were received on December 6th withMark Haynes being the lowest bidder. A bid analysis was conducted on December 12th with representatives from the SmithGroup where Mark Haynes was selected as the lowest and best bid. Bids ranged from$3,256,746 to a high of $7,775,000; the top two bidders were within $363,000. Mark Haynes Construction has done a lot of the revetment work along the shoreline and the City is familiar with the work they do. Mr.Thielman stated Phase 1 work includes the west groan, the first sand beach, the center jetty, the next cobble beach and bluff work. The City has received an additional grant from the National Fish and Wildlife for $3 million. Mr. Thielman stated Phase 1 went out for permitting in December, 2023. He hopes construction canstart in the summer of 2025; the City has two years to spend the money. Mr. Thielman stated that $2 million is one time transformational grant from the state of Ohio. Depending on when the permit comes in, construction will take about two years. The money from the state was received in July, 2024 and it needs to be spent in two years, however, there is potential to add additional time. The grant from the National Fish and Wildlife has a timeline of four years. Mr. Thielman mentioned that Congressman Joyce has picked up ourproject and with the passage of a budget this summer, it will be included. Mr. Thielman stated the City will be reaching out to the Lake Development Authority who has bed tax funding that is specific for shoreline improvements.
ADDENDUM
RESOLUTION NO. 2024-143 Motion carried 5 to 0
A resolution authorizing the Mayor to enter into a contract with Biohabitats, Inc. in the amountof $4,545,162.00 tor· the final design and construction for the Chagrin River Floodplain Restoration and Trail Connection P_roject, and·declaring an emergency.
Mayor Fiala stated this is a qualifications based project in that the City is selecting the design build team with a fixed budget. The company selected is the same company that did the H2Ohio project so the City is familiar with the quality of their work. Mayor Fiala stated the City is creating a project page on the City’swebsite under the Community tab so any updates going forward for projects will be listed there. Mr. Carr stated that 2025 will be the design year with construction starting in 2026. There will be community feedbackfor this project. Mayor Fiala stated that some work will begin next year including removal of invasive species, decommissioning of the nursery and possibly some of the wetlands work but the bulk of the work will be donein 2026. Mr. Thielman stated that the consent decree plan was part of the RFP so all bidders had to review itand agree to build the wetlands. Mr. Thielman reviewed the timeline of the bid process and stated that the bulk of the grant money is coming from the federal direct spending which is actually a grant from the EPA.Regarding the second bridge, the Mayor stated they are working with the Ohio Department of Transportation (ODOT) to build a 12’ walk/bike trail on the one side as part of the bridge replacement work ODOT will bedoing. However, timing may be an issue for the work. Mr. Thielman stated that within the RFP, the City didwrite that the City is in line for another implementation grant from the National Oceanic and Atmospheric Administration (NOAA) for $1.2 million. Another grant has been submitted through the Ohio Department ofNational Resources (ODNR) for the Great Lakes Initiative as well.
NOTE:
For accuracy, this section has been copied from the council meeting minutes
MAYORS REPORT
Mayor Fiala thanked Council for the passage of Resolution Nos. 2024- 142 and 2024-143; the City is anxious to move forward with these projects. He is hoping that the Police Station can be awarded next month with bids due shortly after the first of the year. Regarding leaf pick up, he stated the City wasn’tprepared before the snowstorm hit and could have done a better job getting the message out about pick up. He wished everyone a Merry Christmas and Happy Holidays.
DIRECTOR’S REPORTS
Law Director Lucas – No report. Mr. Lucas wished everyone a Merry Christmas.
Service Director Palmisano – Mr. Palmisano stated the Service Department is working on snow removal, storm damage pick up and leaf pick up. Republic Waste will be extending the yard waste pick up by anotherweek (Friday, 12/20). The City has reached out to a tree removal company to assist with storm damage pickup. Currently there is one crew out conducting storm damage removal and two other crews doing leaf pickup. Residents were advised that leaf pick up was stopped but the City is able to do it. The crews will continueto work weather permitting. Mr. Carr stated that Terrace Construction is laying fiber for AT&T causing a bit of a mess but the City has been assured it will be cleaned up.
City Engineer Lannon – No report. Mr. Carr asked if the Safe Routes to School program is still inexistence. Mr. Lannon stated he would check into it as sidewalks are part of that program (referencing the lack of sidewalks on Gale Rd.).
Fire Chief Ungar – Chief Ungar wished everyone a Merry Christmas and Happy New Year.
Police Chief Schultz – Chief Schultz thanked the community for supporting the Stuff the Cruiser event and the Toys for Tots campaign. He stated that the Fraternal Order of Eagles #2300 donated $47,000 to the department for several programs including the Cadet Program that will be used for police academy scholarships. He wished everyone a Merry Christmas.
Chief Building and Zoning Inspector Keller – No report.
Parks & Recreation Director Keller – Absent.
Finance Director Hoffman – Ms. Hoffman thanked Council for the passage of Ordinance No. 2024-136 and Resolution Nos. 2024-140 and 2024-141.
COUNCIL REPORTS
Mr. Tomaselli – Mr. Tomaselli thanked Judean Keller, Chief Ungar and Chief Schultz for their support of the Santa Parade; it was a wonderful event. He stated Erie Street Miracles have pledged to participate every year because it was so fun.
ADJOURNMENT
The Regular Council Meeting adjourned at 8:01 p.m.
COMMENTS BY COUNCILMAN KARY
Some important announcements to keep you “on top of what’s going on”
Experience the Magic of Chilloughby!
Join us for Chilloughby, Willoughby’s newest winter festival, where the heart of the season comes alive! Enjoy ice sculptures, a fire dancer, s’mores, music, games and a winter fireworks display!! It’s the perfect way to celebrate winter and create unforgettable memories with your loved ones.
When: January 11, 2025 from 4 pm – 7 pm
Where: Wes Point Park in Downtown Willoughby
For more information, please contact Willoughby Parks and Recreation at 440.953.4200.
RFP Issued for Chagrin River Floodplain Restoration and Trail Connection Project
The City of Willoughby is issuing a Request for Proposals (RFP) for a qualified design-build ecological restoration contractor to complete design and construction of a floodplain restoration and public access project along the Chagrin River in the City of Willoughby, Lake County, Ohio. The total maximum cost/price for performance under this contract is $4,545,162.00. This design-build project is funded through a combination of local, state, and federal funding sources. This contract will include assistance to the City and coordination with its major project partners including the Chagrin River Watershed Partners and Western Reserve Land Conservancy. To obtain an electronic copy of the RFP, please email Kimberly Brewster Shefelton at kbrewster@crwp.org. Proposals must be received by 4:00 pm local time on Friday, December 6, 2024. A mandatory pre-bid site visit will be held on Tuesday, November 19, 2024 at 9:00 AM local time (inclement weather backup date is November 22nd).
Additionally, we received bids and awarded contracts for the River Street Slope Stabilization Project. We are happy to report the bids came in under budget, and construction is expected to begin in early 2025. This project will require traffic disruptions along River Street from about South Street to Center Street, near Downtown Willoughby. Updates for all construction projects will be posted on our website.
We continue planning for our Euclid Avenue Pool site. The design team has presented multiple options and budget estimates for reimagining that property. We will ask our residents to offer their opinions on this project through a survey that will be added to our website. Your input will be critical in identifying the appropriate solution for this important park.
I’m looking forward to 2025 in Willoughby. We have some tremendous projects and plans in the mix, and the FUNDING we have received to date is undoubtedly a boost to the excitement!!!
Also, I am still communicating with the “new property owners” on Lost Nation Road, across from the Airport. I hope to have some new information SOON.
Take Care, and BEST WISHES FOR THE NEW YEAR TO EVERYONE!
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