WESTLAKE CITY COUNCIL MEETING AND A REGULAR SESSION DECEMBER 7, 2017

Transcription

1 I The Citys*Ljy/QSXl3,KQ of Ohio MINUTES OFFICE OF THE CITY COUNCIL Hilliard Bvd. Westlake, Ohio Phone Fax WESTLAKE CITY COUNCIL MEETING PROCEEDINGS OF A PUBLIC HEARING AND A REGULAR SESSION DECEMBER 7, 2017 Prior to the start ofthe Council meeting, Mayor Clough presented a proclamation to Carolyn Bedell for her achieving the Girl Scout Gold Award. Public hearing was called to order by President of Council Michael F. Killeen at 8:03 p.m. in accordance with Article III. Section 13. ofthe Westlake City Charter and legal notice published in the West Life on November and December regarding the following legislation: ORDINANCE NO : AN ORDINANCE CONSIDERING AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN OFFICE USE IN AN EXCLUSIVE INDUSTRIAL ZONE. Planning Director Jim Bedell explained this amendment to the zoning code. There being no comments from the audience. Council President Killeen declared the public hearing on Ordinance No closed. * * * The regular session ofcouncil was called to order at 8:05 p.m. by President ofcouncil Michael F. Killeen. Present: Also present: President ofcouncil Michael F. Killeen: Councilmembers Lynda M. Appel. Nick C. Nunnari, Dennis J. Sullivan, Michael F. O'Donnell. Kenneth R. Brady. Mark R. Getsay. Mayor Dennis Clough, Law Director John Wheeler, Law Director Elect Michael Maloney. Service Director Paul Quinn. Director ofengineering Robert Kelly, Finance Director Prashant Shah, Planning Director James Bedell, Economic Development Manager Michelle Boczek. Director ofpurchasing Larry Surber. Director of Inspections Donald Grayem. Director of Community Services Lydia Gadd. Police Chief Kevin Bielozer, Fire Chief Jim Hughes. Clerk of Council Denise L. Rosenbaum.

2 COUNCIL PROCEEDINGS, DECEMBER7,2017 Page 2 of 12 APPROVAL OF MINUTES: Councilmember O'Donnell moved, seconded by Councilmember Sullivan, that the readingof the minutes of the regularsessionof November 16,2017, be waived and that they be approved as received. VOICE VOTE: All. SELECTED CORRESPONDENCE: Zoning code amendment application received December 4,2017, from Kenneth Fisher, West Park Realty, Inc., requesting to change the zoning of26324,26420,26450 and Detroit Road from planned office to general business district to allow for retail use. Council President Killeen referred this request to the planning, zoning, legislative committee. Communication from Mayor Clough dated November 27,2017, requesting authorization to continue utilizing the GovDeals online auction site as a method ofdisposal ofcertain forfeited, confiscated, obsolete and surplus items. (Ordinance No ) Communicationfrom Purchasing Director Larry Surber dated November 21,2017, informing Council of2017 expenditures with Graybar International for mechanical components and supplies. /letter from Michael and Christian Albrecht received December 6,2017, outlining their concerns regarding the Hilliard Court Extension Subdivision. (Ordinance No ) from Callista Puchmeyer received December 7,2017, with comments regarding the Hilliard Court Extension Subdivision. (Ordinance No ) from Nicolette Miller received December 7, 2017, with comments regarding the Hilliard Court Extension Subdivision. (Ordinance No ) PETITIONS FROM THE PUBLIC: Duane Miller, Wood Oak Circle, expressed concerns about flooding on Hilliard Court and continued dampness and moisture in the swale behind his house as it relates to the proposed Hilliard Court Extension subdivision, Ordinance No REPORT OF THE MAYOR: Mayor Clough read his twenty-first report ofthe year. REPORTS OF ADMINISTRATIVE OFFICIALS: It was brought to Council's attention by Finance Director Shah that a payment was needed to Squire Patton Boggs LLP in the amount of$4, for legal services in connection with preparing legislation for amending to provide for the continuation ofthe existing oneeighths percent income tax.

3 Page 3 of12 Councilmember O'Donnell moved, seconded by Councilmember Appel, to authorize the payment to Squire Patton Boggs LLP in the amount of$4, for legal services in connection with preparing legislation for amending to provide for the continuation ofthe existing one-eighths percent income tax. Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay. REPORTS OF STANDING COMMITTEES - PLANNING, ZONING, LEGISLATIVE COMMITTEE: Councilmember Sullivan reported on the November 21,2017, Planning, Zoning, Legislative committee meeting. Councilmember Sullivan moved, seconded by Councilmember Getsay, that the report ofthe November 21,2017, Planning, Zoning, Legislative committee meeting be received and filed. Law DirectorWheeler pointed out that the minutes should be corrected by removing the phrase, "giving more control to the City" under item IV. Councilmember Sullivan agreed, and the minutes will be corrected as noted. Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen. jfpss COMMITTEE OF THE WHOLE: PresidentofCouncil Killeen reported on the Committee ofthe Whole meeting held this date at 7:30 p.m. Present were Councilmembers Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay. Also present were Mayor Clough; Directors Wheeler, Quinn, Kelly, Shah, Bedell, Boczek, Surber, Grayem, Gadd, Bielozer, Hughes, Clerk Rosenbaum and Law DirectorElect Maloney. Agendaitems were discussed as well as selected correspondence, the planning commission report, the Mayor's proclamation presentation for a Girl Scout Gold Award this evening, andthe upcoming Council Organizational meeting on January 2, Thefollowing committee meetings were scheduled/re-announced: Finance committee (budgethearings), December 16 at 8:30 a.m.; and Planning, Zoning, Legislative committee, December 18 at 6:30 p.m. Councilmember Sullivan moved, secondedby Councilmember Nunnari, to adjourn to executive session to discuss litigation at 7:41 p.m. ROLL CALL: Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay. Also present were Mayor Clough, LawDirector Wheeler, Law Director Elect Maloney, Finance Director Shah and Amy Arrighi, ChiefLegal Counsel for theregional Income Tax Agency (RITA). Councilmember Sullivan moved, seconded by Councilmember Nunnari, to adjourn executive session at 7:57 p.m. ROLL CALL: Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay.

4 Page 4 of12 /^^k Meeting adjourned at 7:57 p.m. REPORTS OF OTHER BOARDS AND COMMISSIONS - PLANNING COMMISSION: CouncilmemberGetsay reported on the December 4,2017, planning commission meeting advising that the commission took the following actions: Westlake Elementary School (PK-4) Development Plan (playground), Center Ridge Rd., PP# to 006 & : Findings offact 1. The Westlake Guide Plan recommends that this property be residential in the future and schools are a permitted residential use in the R-MF-24/Multi Family 24 district. 2. The City has swapped land with the Westlake City Schools for the purpose ofthis new elementary school. 3. The distance from the main building being less than 30' is reasonable, as this code requirement is for recreation areas with sports courts or fields where balls may damage adjacent structures and this will not be the case for the proposed playground. 4. Since this playground is not expected to be seen from adjacent residences and public roadways, the fun and harmonious colors selectedare appropriate for a playground use and a modification from the design guidelines is reasonable. 5. Tall growing trees should be planted around the perimeter of the playground to provide shade and reduce heat caused by the large amount oflight duty asphalt paving. Motion: Mr. VanDyke moved and Ms. Falcone second to recommend approval ofthe Westlake Elementary School development plan for the playground with the following modifications and conditions: 1. Modification for location to be less than 30' from the main building as indicated on the development plan. 2. Modification for the colors as indicated in the development plan. 3. Conditionthat tall growing trees are planted around the perimeterofthe playground with the design to be approved administratively. 4. Condition that gate for emergency access be provided at the east side offence at the location ofthe library fire access lane and "no parking fire lane" sign be included at this location. 5. Condition that the sidewalk location be administratively approved after consultation with the library. 6. Approval is subject to comments in Part III ofthe 11/28/17 staffreport and approval ofthe final plans by the Building and Engineering Departments in compliance with the code and the ordinances ofthe City ofwestlake; and, in the development process, should there be any changes necessitated by engineering requirements that visually alter the appearance ofthe development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission; tabled Ordinance Rezoning corner of Hillsborough Pt. & Center Ridge from General Business to R-1F-80 (Single Family), PP# ,012,013,031,032 until the January 8, 2018, meeting and requested an additional 60-day extension oftime until March 9, 2018; tabled Ordinance Code amendment to and (h)(3) regarding definitions and permitted uses in Exclusive Industrial Districts regarding Distillery until the January 8, 2018, meeting and requested a 60-day extension oftime until February 16, 2018; tabled the Crocker Woods Cluster Preliminary Development Plan for cluster single family, PP# & , for 50 single family cluster homes in Planned Unit Development zoning, south ofcenter Ridge Road and west & east ofcrocker Road (the area previously known as Bretton Woods Park Subdivision Phase 4), until the January 8, 2018, meeting; Lueckel Lot Split, Schwartz Rd., PP# : Findings-of-fact 1. The lot split is being done to provide property for the proposed Estates 8 Subdivision. 2. There are no non conformities created by this request that result in the need for any code modifications or variances. Motion: Mr. VanDyke moved and Ms. Falcone second to approve the Lueckel lot split regarding permanent parcel number with the following condition: 1. Approval is subject to comments in Part III ofthe 11/28/17 staffreport and approval ofthe final plans by S^^K ^%.

5 Page 5 of12 the Building and Engineering Departments in compliance with the code and the ordinances ofthe City ofwestlake; and, in the development process, should there be any changes necessitated by engineering requirements that visually alter the appearance ofthe development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission; EFG & The Estates 8 Lot Split & Assembly, Schwartz Rd., PP# : Findings-of-fact 1. The lot split and assembly is being done to provide property for the proposed Estates 8 Subdivision. 2. There are no non-conformities created by this request that result in the need for any code modifications or variances. Motion Mr. VanDyke moved and Ms. Falcone second to approve the EFG and The Estates 8 lot split and assembly regarding permanent parcel numbers , , and as presented with the following condition: 1. Approval is subject to comments in Part III ofthe 11/28/17 staffreport and approval ofthe final plans by the Buildingand Engineering Departments in compliance with the code and the ordinances ofthe City ofwestlake; and, in the development process, should there be any changes necessitated by engineering requirements that visually alter the appearance ofthe development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission; The Estates 8 Subdivision Preliminary Plan (9 lots), rear of29300 & Schwartz Rd., PP# ,011,024 & 026: Findings-of-fact 1. Hampshire Place is extended to the west ofthe location ofthe existing cul-de-sac at the end ofthe street that will remain. 2. Modifications are required for sublot #180 to reduce the minimum lot depth that averages 168' in depth and the depth/width ratio that is 1.3:1. These modifications are minimal and cannot be avoided due to the location ofthe right-of-way and adjacent lot to the rear. 3. The length ofthe cul-de-sac is +/- 985f, which is less than 1,000' allowed by code and ^3^^ permissible because the parcel cannot be subdivided otherwise. 4. Modifications are in { accordance with Section , since the "land involved in a subdivision is of such size or shape... that it is impossible or impracticable in the particular proposal for the developer to conform fully to a provision ofthese Land Planning and Subdivision Regulations..." 5. Section authorizes the Planning Commission to "...accept such adjustments as may be reasonable, ifwithin the general intent and purpose ofthese Regulations." 6. The fence around the retention basin is shown as being a 6' tall ornamental fence in accordance with the ordinance approving subdivisions. 7. This subdivision will be included in the Estates Homeowners Association or, ifthat is not possible, one will be created. 8. The final subdivision plat improvement plan should be engineered to preserve mature trees. 9. Additional setback and buffering was provided along Crocker Road with evergreens and shrubs to complement the existing Estates subdivision to the north. 10. The landscape plan for the cul-de-sac and buffer mound is a requirementofthe improvement plan that accompanies the final plat. Motion: Mr. VanDyke moved and Ms. Falcone second to recommend approval of the Estates 8 Subdivision Preliminary Plan with the following modification and conditions: 1. Modificationfor sublot #180 with the lot depth and the depth/width ratio as shown. 2. Condition that this subdivision is includedin the Estates Homeowners Association or, if that is not possible, one will be created for it. 3. Approval is subject to comments in PartIII of this report and approval of the final plans by the Building and Engineering Departments in compliance with the code and the ordinances ofthe Cityof Westlake; and, in the development process, should there be any changes necessitated by engineering requirements that visually alterthe appearance of the development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission; tabled The Residences at the Reserve Assembly Plat, 30419& 30395Center Ridge, PP# & ^ 004, &013 until the January 8, 2018 meeting; tabled The Residences at the Reserve Subdivision Preliminary Plan (4 lots), 30419& Center Ridge, PP# & 004, & 013 until the January 8,2018 meeting; Thomas Kundtz Lot Split, Center Ridge, PP# : Findings of fact 1. The lot split is being done to provide

6 Page 6 of 12 property for the proposed Mallard Cove 3 Subdivision. 2. The lot depth to width ratio is over 3.1:1 but still an improvement over the current 9:1 ratio. Motion: Basedupon the findings of fact, Mr. VanDyke moved and Ms. Falcone second to approve the Thomas Kundtz lot split regardingpermanent parcel number with the following modification and condition: 1. Modificationfor the depth to width ratio to be at 4.3:1 2. Approvalis subject to comments in Part III ofthis report and approval ofthe final plans by the Building and Engineering Departments in compliance with the code and the ordinances ofthe City of Westlake; and, in the development process, should there be any changes necessitatedby engineering requirements that visually alter the appearance ofthe development approved by the Planning Commission, the plan shall be re-submittedto the Planning Commission; Primrose Management Assembly Plat, 30400,30440 & Center Ridge, PP# ,012 & : Findings offact 1. The lot assembly is being done to provide property for the proposed Mallard Cove 3 Subdivision. 2. There are no non-conformities created by this request that result in the need for any code modifications or variances. Motion: Based upon the findings offact, Mr. VanDyke moved and Ms. Falcone second to approve the Primrose Management Assembly Plat regarding permanent parcel numbers ,014 and with the following condition: 1. Approval is subject to commentsin Part III of this report and approval ofthe final plans by the Building and Engineering Departments in compliance with the code and the ordinances ofthe City of Westlake; and, in the development process, should there be any changes necessitated by engineering requirements that visually alter the appearance ofthe development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission; tabled the Mallard Cove 3 Subdivision Preliminary Plat (5 lots), 30400,30440 & Center Ridge, PP# ,012 & until the January 8,2018 meeting; Western Enterprises, Awning, 875 Bassett Road, PP# : Findings-of-fact 1. Western Enterprises and United Consumer Enterprises are permitted 408 sq. ft. ofsign area as per code. 2. There is currently approximately 160 sq. ft. ofexisting signage on the site. 3. This includes an awning sign over the United Consumer entrance.4. They are requesting a 50 sq. ft. awning sign over the Western Enterprises entrance. 5. The proposal complies with code. Motion: Based upon the findings offact, Mr. VanDyke moved and Ms. Falcone second to approve the Western Enterprises awning sign as presented with a condition that the awning fabric is opaque as presented and that the planning staffreview the location ofthe address with the fire department; Ross/Loeffler Lot Split & Assembly, 892 & 916 Richmar Drive, PP# ,018 & 017: Findings-of-fact 1. A modification is required because the depth to width ratios for the new lots are less than 1.4:1 (.7:1) (1.1:1). 2. The proposal increases the size ofboth lots, making Parcel A 26,680 s.f. and compliant with the current code requirements and Parcel B at 18,664 s.f. is slightly under the 20,000 s.f. requirement but still an improvement from the current +/- 15,000 s.f. Motion: Based upon the findings offact, Mr. VanDyke moved and Ms. Falcone second to approve the Ross/Loeffler lot split & assembly involving permanent parcel numbers , 018 & 017 with the following modification and condition: 1. A modification for the depth to width ratio ofparcel "A" and "B" to be less than 1.4:1. 2. Approval is subject to comments in Part III ofthe 11/28/17 staffreport and approval ofthe final plans by the Building and Engineering Departments in compliance with the code and the ordinances ofthe City of Westlake; and, in the development process, should there be any changes necessitated by engineeringrequirements that visually alter the appearance ofthe development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission; TRG Development Plan (Storage Building), Viking Parkway, PP# : Findings-offact 1. All ofthe code requirements have been met. 2. The only condition is because the light fixtures appear to be in 4,000K but are also available in 5,000K. Motion: Based upon the findings offact, Mr. VanDyke moved and Ms. Falcone second to recommend approval ofthe

7 Page 7 of12 ^^ TRG development plan with the following conditions: 1. Condition that 4,000K color ( temperature be used for exterior lighting. 2. Approval is subject to comments in Part III ofthe 11/29/17 staff report and approval ofthe final plans by the Building and Engineering Departments in compliance with the code and the ordinances ofthe City ofwestlake; and, in the development process, should there be any changes necessitated by engineering requirements that visually alterthe appearance of the development approved by the Planning Commission, the plan shall be re-submitted to the PlanningCommission; Sibling Revelry Site Improvements, Clemens Road, PP# : Findings-of-fact 1. The proposal is to add parking at the front and rear of the building with only the front parkingnot meeting setback requirements. 2. The front parking is for two spaces that encroach into in the front yardsetback by 20'. 3. The existing front parking encroaches into the Clemens setback by 35'. 4. Parking encroaches into the front yardsetback on property that is to the east across Mildred Streetfrom the proposeparkingby 35'. 5. Thetwo parking spaces will be located in an areathat is in between existing landscaping and trees, withno loss of trees. 6. It is not expected that thesetwo parkingspaceswill appearout ofthe norm for the property or district. 7. A majority of performance standards in are met. Motion: Based upon the findings offact, Mr. VanDyke moved and Ms. Falcone second recommend approval of the Sibling Revelry site improvement plan with the following modification and conditions: 1. Modification to allow two parking spaces to encroach into the front yard setback as shown on the site improvement plan. 2. Condition that a dumpster enclosure is constructed and administratively approved and if it is in a setback area it will need to come back to planning commission for approval. 3. Approval is subject to comments in Part III of the 11/28/17 staffreport and approval of the final plans by the Building and Engineering Departments in compliance with the code and the ordinances ofthe City of Westlake; and, in the development process, should there be any changes necessitated by engineering requirements that visually alterthe appearance of the development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission; West Bay Plaza, minor revision to approved Development Plan, Detroit Rd., PP# & 015: Findings-of-fact 1. Thedevelopment plan has beenrevised based on space needs of tenants in the new Building There has been no loss ofthe percentage oflandscaping and it is restated in the motion below. 3. The building squarefootage for the entire site is 4,000 s.f. less than the approved development plan,having benefit of lowering lot coverage, while retaining the sameparking ratio (4.1 spaces per 1,000 s.f). 4. The larger footprint for Building 200 eliminated 21 parking spaces and the previous modification from 4/3/17 established the exact number of parking spaces. 5. The parking ratio of4.1 spaces per 1,000 s.f. should be included in the motion instead ofan exact number of spaces to provide flexibility during the reconstruction without the need to returnto the PlanningCommission unless that ratio is exceeded. 6. The previous modification for lot coverage at 22.7% is changedto 22.05%, which is a slight improvement. 7. Condition#5 is added regarding information that is missing from revised sheeta14. a. If the applicant is unable to identify the exact location for the major tenants, a note may be added that there are a maximum of three major tenants in Building 100 andthree major tenants in Building 200, with locations to be approved administratively, b. The following text is also required: "For major tenants, the maximum height of sign elements = 60" at Building 100 and 72" at Building 200". 8.The other modification andconditions from 4/3/17 are restated in the motion below, as they are still relevant. Motion: Basedupon the findings of fact, Mr. VanDyke moved and Ms. Falcone second to recommend approval of the West BayPlazarevision to the approved developmentplan with the following modifications and conditions: 1. Modification for the percentage of landscaping at 21.1%. 2. Modification forthe parking requirement to be 4.1 spaces per 1,000 s.f. 3. Modification for the lot coverage requirement to be at 22.05%. 4. Modification to permit 25' tall parking lot lighting as measured from grade to thetop of fixture andincluding

8 Page 8 of12 the base, pole and fixture. 5. Conditionthat sheet A14 is revised to show the locations of"major tenants" and correspondingnotes regarding the maximumheight of sign elements for Buildings 100 and Condition that all exterior fixtures are dimmable and field adjusted by the applicant and Planning Department staff duringconstruction to ensure that they do not produce glare onto adjacent properties, Detroit or Crocker Roads. 7. Iffixture "G" is used it will be reviewed administratively. 8. Condition to dim the light fixtures to 50% after closing and the time to be administratively approved by planning staff. 9. Condition that the facade ofunit 200 in Building 200 be administratively approved by planning staffwith planning commission members input. 10. Approval is subject to comments in Part III ofthe 11/29/17 staffreport and approval ofthe final plans by the Building and Engineering Departments in compliance with the code and the ordinances ofthe City ofwestlake; and, in the development process, should there be any changes necessitated by engineering requirements that visually alter the appearance of the development approved by the Planning Commission, the plan shall be re-submittedto the Planning Commission; no action taken on Suggested code amendments regarding lot coverage ofoutdoor structures and hardscaping in rear yards; recommended that Council adopt Ordinance enacting and , commercial and residential exterior lighting with Exhibit A, as amended; recommended that Council adopt Ordinance amend various provisions ofthe zoning code as to lighting regulations as presented. Meeting adjourned at 10:45 p.m. The next regular meeting is scheduled for January 8, 2018, in the Westlake City Hall Council Chambers. Councilmember Getsay moved, seconded by Councilmember O'Donnell, to approve the Westlake Elementary School (PK-4) Development Plan (playground) with the modifications/conditions listed in the report ofthe December 7,2017, planning commission. Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen. Abstentions: Appel. Councilmember Getsay moved, seconded by Councilmember Sullivan, to grant an additional 60- day extension oftime until March 9,2018, for Ordinance Sullivan, O'Donnell, Brady, Getsay, Killeen, Appel, Nunnari. Councilmember Getsay moved, seconded by Councilmember Brady, to grant a 60-day extension oftime until February 16,2018, for Ordinance O'Donnell, Brady, Getsay, Killeen, Appel, Nunnari, Sullivan. Councilmember Getsay moved, seconded by Councilmember O'Donnell, to approve the TRG Development Plan (Storage Building) with the conditions listed in the report ofthe December 7,2017, planning commission. Brady, Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell. Councilmember Getsay moved, seconded by Councilmember O'Donnell, to approve the Sibling Revelry Site Improvements with the modification/conditions listed in the report ofthe December 7, 2017, planning commission. Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady.

9 Page 9 of12 f Councilmember Getsay moved, seconded by Councilmember Brady, to approve the West Bay Plaza, minor revision to approved Development Plan with the modifications/conditions listed in the report ofthe December 7,2017, planning commission. Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay. LEGISLATION: ORDINANCE NO : (THIRD READING) AN ORDINANCE CONSIDERING AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN OFFICE USE IN AN EXCLUSIVE INDUSTRIAL ZONE. (First reading and referred to planning commission 10/5/17, planning commission recommended approval 11/13/17, second reading 11/16/17) Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that Ordinance No be adopted. ROLL CALL ON ADOPTION: Appel, Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen. None; Ordinance No adopted. f ORDINANCE NO : AN ORDINANCE ENACTING NEW SECTIONS (SECOND READING) "COMMERCIAL EXTERIOR LIGHTING" AND "RESIDENTIAL EXTERIOR LIGHTING" OF CHAPTER 1230 "GENERAL PROVISIONS" OF THE ZONING CODE OF THE CITY OF WESTLAKE. (First reading and referred to planning, zoning, legislative committee 10/5/17, planning commission recommended approval ofamendments 12/4/17) Councilmember Getsay moved, seconded by Councilmember Sullivan, that Ordinance No be amended by substitution ofan amended ordinance. ROLL CALL ON AMENDMENT BY SUBSTITUTION: Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen, Appel. None; Ordinance No amended by substitution. Council President Killeen set a public hearing on Ordinance No for December 21, ORDINANCE NO : (SECOND READING) AN ORDINANCE AMENDING VARIOUS PROVISIONS OF THE ZONING CODE AS TO LIGHTING REGULATIONS WITHIN THE CITY OF WESTLAKE. (First reading and referred to planning, zoning, legislative committee 10/5/17, planning commission recommended approval 12/4/17) Council President Killeen set a public hearing on Ordinance No for December 21, 2017.

10 Page 10 of12 ORDINANCE NO : (SECOND READING) ORDINANCE NO : AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CROCKER PARK MANAGEMENT, LLC AND DRIFTWOOD CATERING, LLC FOR CATERING SERVICES AT MARKET SQUARE, AND DECLARING AN EMERGENCY. (First reading 11/16/17) AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that the rule requiring the ordinance to be read in full on three separate dates be suspended, and that the same be placed on third reading. VOICE VOTE ON SUSPENSION: All. Councilmember Appel moved, seconded by Councilmember Nunnari, that Ordinance No be adopted. ROLL CALL ON ADOPTION: Sullivan, O'Donnell, Brady, Getsay, Killeen, Appel, Nunnari. None; Ordinance No adopted. RESOLUTION NO : A RESOLUTION AUTHORIZING THE DIRECTOR OF PURCHASING TO DISPOSE OF CERTAIN SURPLUS CITY PROPERTY NO LONGER NEEDED FOR PUBLIC USE BY INTERNET AUCTION FOR THE PERIOD OF JANUARY 1, 2018 THROUGH DECEMBER 31,2022. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that the rule requiring the resolution to be read in full on three separate dates be suspended, and that the same be placed on third reading. VOICE VOTE ON SUSPENSION: All. Councilmember Sullivan moved, seconded by Councilmember Appel, that Resolution No be adopted. ROLL CALL ON ADOPTION: O'Donnell, Brady, Getsay, Killeen, Appel, Nunnari, Sullivan. None; Resolution No adopted. RESOLUTION NO : A RESOLUTION EXTENDING THE MORATORIUM ON THE ISSUANCE AND PROCESSING OF ANY CONDITIONAL USE PERMITS OR DEVELOPMENT 1 PLANS FOR ASSISTED LIVING AND INDEPENDENT LIVING FACILITIES WITHIN THE CITY OF WESTLAKE, AND DECLARING AN EMERGENCY.

11 Page 11 of 12 f Councilmember Nunnari moved, seconded by Councilmember Sullivan, that the rule requiring the resolution to be read in full on three separate dates be suspended, and that the same be placed on third reading. VOICE VOTE ON SUSPENSION: All. Councilmember Nunnari moved, seconded by Councilmember Sullivan, that Resolution No be adopted. ROLL CALL ON ADOPTION: Brady, Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell. None; Resolution No adopted. ORDINANCE NO : AN ORDINANCE APPROVING THE PRELIMINARY PLAN OF THE HILLIARD COURT EXTENSION MAJOR SUBDIVISION IN THE CITY OF WESTLAKE. ORDINANCE NO : AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE ZONE MAP OF THE CITY OF WESTLAKE, WHICH ZONE MAP IS PART OF THE ZONING CODE OF THE CITY OF WESTLAKE, BY CHANGING THE ZONING OF CERTAIN LAND LOCATED AT AND CENTER RIDGE ROAD, BEING PERMANENT PARCEL NOS AND FROM R-1F-80 RESIDENTIAL DISTRICT TO R-MF-40 RESIDENTIAL DISTRICT. Council President Killeen referred Ordinance No to the planning commission. ORDINANCE NO : AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A FIRST AMENDED COOPERATION AGREEMENT WITH THE COUNTY OF CUYAHOGA, OHIO AS TO THE CULVERT REPLACEMENT OF THE BRADLEY ROAD CULVERT OVER WALKER DITCH, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that the rule requiring the ordinance to be read in full on three separate dates be suspended, and that the same be placed on third reading. VOICE VOTE ON SUSPENSION: All. Councilmember Nunnari moved, seconded by Councilmember Getsay, that Ordinance No be adopted. ROLL CALL ON ADOPTION: Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady. None; Ordinance No adopted.

12 COUNCIL PROCEEDINGS, DECEMBER 7, 2017 Page 12 of 12 ORDINANCE NO : AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH HYLAND SOFTWARE, INC. FOR THE PROVISION OF INCENTIVES AVAILABLE PURSUANT TO THE CITY'S JOB CREATION GRANT PROGRAM, AND DECLARING AN EMERGENCY. ORDINANCE NO : AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH ECHO HEALTH, INC. FOR THE PROVISION OF INCENTIVES AVAILABLE PURSUANT TO THE CITY'S JOB CREATION GRANT PROGRAM, AND DECLARING AN EMERGENCY. ORDINANCE NO : AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENGAGE THE LAW FIRM OF WALTER HAVERFIELD LLP JOINTLY WITH THE REGIONAL INCOME TAX AGENCY AND OTHER MUNICIPALITIES FOR PURPOSES OF INITIATING LITIGATION TO CHALLENGE THE CONSTITUTIONALITY OF AMENDMENTS TO CHAPTER 718 OF THE OHIO REVISED CODE RELATING TO MUNICIPAL INCOME TAX, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that the rule requiring the ordinance to be read in full on three separate dates be suspended, and that the same be placed on third reading. VOICE VOTE ON SUSPENSION: All. Councilmember Nunnari moved, seconded by Councilmember Getsay, that Ordinance No be adopted. ROLL CALL ON ADOPTION: Killeen, Appel, Nunnari, Sullivan. O'Donnell, Brady, Getsay. None; Ordinance No adopted. ADJOURNMENT: President ofcouncil Killeen declared the meeting adjourned at 8:47 p.m. Denise L. Rosenbaum, CMC Clerk ofcouncil f&lu^j Mffcftael F. Killeen President ofcouncil