^i S^sikke. The City of /Zy/ V/OllCHW Ohio MINUTES www.cityofwestlake.org OFFICE OF THE CITY COUNCIL 27700 Hilliard Bvd. Phone 440.871 3300 Westlake, Ohio 44145 Fax 440.617 4080 WESTLAKE CITY COUNCIL MEETING PROCEEDINGS OF A REGULAR SESSION JULY 21,2016 The regular session ofcouncil was called to order at 8:08 p.m. by President ofcouncil Michael F. Killeen. Present: President ofcouncil Michael F. Killeen; Councilmembers Nick C. Nunnari, Dennis J. Sullivan, Michael F. Kenneth R. Brady, Mark R. Getsay. Councilmember Nunnari moved, seconded by Councilmember Sullivan, that Councilmember Appel be excused for cause. Also present: Mayor Dennis Clough. Law Director John Wheeler. Director ofengineering Robert Kelly. Finance Director Prashant Shah. Recreation Director Bob DeMinico. Planning Director James Bedell, Economic Development Manager Michelle Boczek. Director ofpurchasing Larry Surber. Director of Inspections Donald Grayem, Director ofcommunity Services Lydia Gadd, Police Chief Kevin Bielozer. Fire ChiefJim Hughes. Clerk ofcouncil Denise L. Rosenbaum. APPROVAL OF MINUTES: Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that the reading ofthe minutes ofthe regular session ofjuly 7. 2016, be waived and that they be approved as received. VOICE VOTE: None: motion earned. SELECTED CORRESPONDENCE: Notice from Ohio Division of Liquor Controi received July 8. 2016. for new Dl. D2, D3 permits for Driftwood Catering LLC. 239 Market St.. Westlake. Ohio. Councilmember Sullivan moved, seconded by Councilmember Brady, not to object to new Dl. D2, D3 permits for Driftwood Catering LLC. 239 Market St., Westlake. Ohio. Notice from Ohio Division ofliquor Control received July 11, 2016. for Dl, D2. D3, D3A, D6 permits for Miami Nights LLC, 857 Columbia Road & patio. Westlake. Ohio.
Page 2 of9 Councilmember Nunnari moved, seconded by Councilmember Sullivan, not to object to Dl, D2, D3, D3A, D6 permits for Miami Nights LLC, 857 Columbia Road & patio, Westlake, Ohio. /*^i\ Notice from Ohio Division ofliquor Control received June 6,2016, for a new D5J permit for GPF IV LLC, unaddressed parcel 1, Westlake, Ohio. A 30-day extension to August 4,2016, was granted as requested in order to receive a property address. As ofjuly 21, 2016, the Ohio Division ofliquor Control had no further address information. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, to object to a new D5J permit for GPF IV LLC, unaddressed parcel 1, Westlake, Ohio. Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen. Communication from Economic Development Manager Michelle Boczek received July 18,2016, regarding the Job Creation Grant 2015 report and indicating the job grant amounts due for Equity Trust and Hyland Software. CouncilmemberNunnari moved, seconded by CouncilmemberGetsay, to approve the payment ofthe Equity Trust and Hyland Software grants as proposed. Sullivan, O'Donnell, Brady, Getsay, Killeen, Nunnari. Communication from Mayor Clough dated July 13,2016, requesting to amend Ordinance No. 2013-52 to increase the contract amount for the Crocker Road Interchange to $252,709.02. (Ordinance No. 2016-98) Communication from Mayor Clough dated July 18,2016, requesting authorization to sell the listed items through GovDeals auction site for the reserve amount listed or higher. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, to authorize the administration to sell the listed items through the GovDeals auction site for the reserve amount listed or higher. Communication from Mayor Clough dated July 20,2016, requesting authorization to go out to bid for the 2016 sanitary sewer rehabilitation program. Councilmember Sullivan moved, seconded by Councilmember Nunnari, to authorize the administration to go out to bid for the 2016 sanitary sewer rehabilitation program. PETITIONS FROM THE PUBLIC: /*!^\ None.
Page 3 of9 REPORT OF THE MAYOR: Mayor Clough read his fourteenth report ofthe year. REPORTS OF STANDING COMMITTEES - PLANNING, ZONING, LEGISLATIVE COMMITTEE: Councilmember Sullivan reported on the July 12, 2016, Planning, Zoning, Legislative committee meeting. CouncilmemberSullivan moved, seconded by Councilmember O'Donnell, that the report of the July 12,2016, Planning, Zoning, Legislative committee meeting be received and filed. Getsay, Killeen, Nunnari, Sullivan, O'Donnell, Brady. COMMITTEE OF THE WHOLE: /P*\ President ofcouncil Killeen reported on the Committee ofthe Whole meetingheld this date at 7:31 p.m. Present were Councilmembers Killeen, Nunnari, Sullivan, O'Donnell, Brady, Getsay. Also present were Mayor Clough; Directors Wheeler, Kelly, Shah, DeMinico, Bedell, Boczek, Surber, Grayem, Gadd, Bielozer, Hughes and Clerk Rosenbaum. Agenda items were discussed as well as selected correspondence and the planning commission report. No committee meetings were scheduled. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, to adjourn to executive session to discuss litigation and property acquisition at 7:50 p.m. ROLL CALL: Killeen, Nunnari, Sullivan, O'Donnell, Brady, Getsay. Also present were Mayor Clough, Law Director Wheeler, Finance Director Shah, Planning Director Bedell and Economic Development Manager Boczek. Councilmember Nunnari moved, seconded by Councilmember O'Donnell, to adjourn executive session at 8:07 p.m. ROLL CALL: Killeen, Nunnari, Sullivan, O'Donnell, Brady, Getsay. Meeting adjourned at 8:07 p.m. REPORTS OF OTHER BOARDS AND COMMISSIONS - PLANNING COMMISSION: Councilmember Getsay reported on the July 11, 2016, planning commission meeting advising that the commission took the following actions: tabled the Bonefish Grill Storefront revision, 1900 Crocker Rd., PP# 211-25-005 until August 1,2016; University Hospitals Westlake Sign Plan, 960 Clague Rd., PP#214-03-002: Findings-of-fact: 1. As per Section 1223.03(c)(2) Buildings on lots abutting a freeway shallnot be considered to have building frontage on the freeway for sign areacalculations andsigns shall not be located for visibility from the freeway,
Page 4 of9 except for buildings in Interchange Services Districts or as otherwise approved by the Planning Commission. 2. As per Section 1223.03(c) The frontage width of a building shall be the width of the facade which faces the principal street or contains the main entrance. 3. When a side of a building with a main entrance faces the freeway they have been permitted to have signage visible from the freeway. Typically, they then only have freestanding signage on the side ofthe building facing the principal street (not including the freeway). 4. The proposed signage is consistent with other signage on the site. 5. The new sign area facing 1-90 has been reduced by over 33% and the new sign area facing Detroit Road has been reduced over 46%. Motion: Mr. Lamb moved and Mr. DiCarlo second to approve the sign plan to allow the side ofthe building facing the freeway with a main entrance to count toward sign area and approve revised wall sign #1 and #2; Hyland Software Lot Assembly, 28105 Clemens Rd., PP# 212-12-013,212-08-074: Findings-of-fact: 1. Both properties are owned by Hyland Software. 2. The proposal does not increase or create any non-conformities and modifications are not required. Motion: Mr. Lamb moved and Mr. DiCarlo second to approve the Hyland Software Lot Assembly with the condition that approval is subject to comments in Part III ofthis report and approval by the Engineering Department and, should there be any changes necessitated by engineering requirements, the assembly plat will be resubmitted to the Planning Commission; Mikey's Pizza Sign Plan, 185 Crocker Park Blvd., PP# 211-25-004: Findings-of-fact: 1. The signage for this tenant is regulated by Section 11.3 of the Crocker Park Mixed-Use Area Sign Criteria and Master Sign Plan. This section was last amended and approved by Planning Commission 5/20/13. 2. The proposed signage complies with the amended criteria, except for the maximum 10 percent ofwindow coverage permitted which is exceeded on the north facing center window. 3. The north facing center window has 20% ofthe glazed area covered in signage. The previous tenant had a waiver permitting 22% of the glazed area ofthis window to be covered in signage. 4. Previous approval granted a waiver from the criteria to allow a customer pass through window to be considered equivalent to a customer entrance in order to allow one primary sign on the kiosk. 5. Previous approval included a condition that the lower window panels on the north and west and ifneeded east side ofthe kiosk include frosted glass to screen the equipment from view outside ofthe kiosk. Motion: Mr. Lamb moved and Mr. DiCarlo second to approve the Mikey's sign plan as submitted with the following waivers and condition: 1. Waiverpermitting 20% ofthe glazed area of the north facing center window to be covered in signage; 2. Waiver from the criteria to allow a customer pass through window to be considered equivalent to a customer entrance in order to allow one primary sign on the kiosk. 3. Condition that the lower window panels on the north and west and ifneeded east side ofthe kiosk include frosted glass to screen the equipment from view outside ofthe kiosk; Papyrus Storefront & Sign Plan, 243 Main St., PP# 211-26-302: Storefront Findings offact: 1. The design is in accordance with the Crocker Park Mixed-Use Area Design Guidelines. 2. No modifications are required. Motion: Mr. Lamb moved and Mr. DiCarlo second to recommend approval ofthe Papyrus storefrontto Council as submitted. Sign Plan Findings of Fact: 1. The sign plan conforms to the Crocker Sign Criteria. 2. No modifications are required. Motion: Mr. Lamb moved and Mr. DiCarlo second to approve the Papyrus sign plan as submitted; Cryo-Freeze Sign Plan, 25963 Detroit Rd., PP# 213-21-001: Findings offact: 1. Up to 30 sq. ft. ofsign area is permitted on this 20' wide tenant space under the approved sign criteria for Williamsburg Square. 2. The proposed #2051 blue plex face channel letters and blue, white and gray logo comply with the criteria. 3. The proposed capsule sign requires a waiver from the criteria. Motion: Mr. Lamb moved and Mr. DiCarlo second to approve the proposed Cryo-Freeze sign plan with a waiver from the Williamsburg Square sign criteria to allow a blue faced capsule sign; Lush Express Nails & Blowdry Sign Plan, 30323 Detroit Rd., PP# 211-25-002: Findings offact: 1. Up to 25 sq. ft. ofsign area is permitted on this 15' wide tenant space under the approved sign criteria for Promenade. 2. The 10.8 sq. ft. #2415 red acrylic
Page 5 of 9 channel letters are permitted under the criteria and have been approved administratively. 3. The proposed internally illuminated capsule sign requires a waiver from the criteria. 4. Other tenants have received approval for capsule signs on a case by case basis. Motion: Mr. Lamb moved and Mr. DiCarlo second to approve the proposed Lush Express sign plan with a waiver from the Promenade sign criteria to allow a red faced capsule sign: St. Mark Coptic Orthodox Church Site Improvements, 28500 Hilliard Blvd., PP# 213-22-001: Findings offact: 1. The proposed parking, basketball/volleyball court, lighting, and landscaping are permitted accessory residential uses for places of worship. 2. No modifications are required. Motion: Mr. Lamb moved and Mr. DiCarlo second to recommend approval ofthe St. Mark Coptic Orthodox Church Site improvements with the following conditions: 1. LED lighting shall be 3.000 Kelvin. 2. Provide a sidewalk to basketball/volleyball court - design to be approved administratively approved. 3. Approval is 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 necessitated by engineering requirements that visually alter the appearance of the development approved by the Planning Commission, the plan shall be re-submitted to the Planning Commission: tabled the Hunter's Chase Sign Plan, 1575 Hunter's Chase, PP# 212-11-007 until August 1, 2016; #1 Express Car Wash Sign Plan, 25247 Detroit Rd., PP# 213-24-005: Findings offact: 1. The proposal is to remove a previously approved 39 sq. ft. wall mounted menu sign "D" on the south side ofthe building with a 32 sq. ft. freestanding one. 2. Neither the existing sign to be removed or proposed new menu sign are visible from the street or any residential properties. 3. The proposed 8' tall. 32 sq. ft. menu sign is considered an over-sized instructional sign as per Section 1223.02(b)(6) which requires Planning Commission approval as per Section 1223.13(d)(4)D. 4. The Engineering department recommends placing any signs a minimum of 18" back from a curb. 5. Sign Location "B" is behind a curb. Motion: Mr. Lamb moved and Mr. DiCarlo second to approve the proposed freestanding menu sign, in Location B, behind a curb, with a condition that sign D be removed, and approval ofthe proposed face change ofexisting menu sign C; Ordinance 2016-73 Conditional Use Permit for Lutheran Home for independent living, PP# 212-26-004 & 005: Motion: Mr. Lamb moved and Mr. DiCarlo second to request a 60-day extension oftime for Ordinance 2016-73. Motion: Mr. Lamb moved and Mr. DiCarlo second to table Ordinance 2016-73 until August 1. 2016: Ordinance 2016-68 an Ordinance amending various sections of the zoning code as to fitness centers: Motion: Mr. Lamb moved and Mr. DiCarlo second to recommend approval ofordinance 2016-68 with the condition that the proposed definition is rewritten to indicate that retail sales ofsupplements and apparel are an accessory use to the main use. Meeting adjourned at 8:17 p.m. The next regular meeting is scheduled for Monday. August 1. 2016, in the Westlake City Hall Council Chambers. Councilmember Getsay moved, seconded by Councilmember Sullivan, to approve the Papyrus Storefront as submitted. Killeen, Nunnari, Sullivan, Brady. Getsay. Abstentions: None: motion carried. Councilmember Getsay moved, seconded by Councilmember Sullivan, to approve the St. Mark Coptic Orthodox Church Site Improvements with the conditions listed in the report ofthe July 11, 2016, planning commission. Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen.
Page 6 of9 Councilmember Getsay moved, seconded by Councilmember Sullivan, to grant a 60-day extension oftime for Ordinance No. 2016-73 to September 16,2016. Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen. Council President Killeen set a public hearing on Ordinance No. 2016-68 for September 1, 2016. LEGISLATION: ORDINANCE NO. 2015-150: AN ORDINANCE AMENDING SECTION 194.01 OF THE CITY'S CODIFIED ORDINANCES TO PROVIDE FOR THE CONTINUATION OF THE EXISTING ONE-EIGHTHS PERCENT (%%) INCOME TAX THROUGH DECEMBER 31,2045, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY COSTS OF CONSTRUCTING, IMPROVING, FURNISHING, EQUIPPING, OPERATING AND MAINTAINING THE RECREATION CENTER, A NEW AND/OR THE EXISTING COMMUNITY SERVICES CENTER AND PARKS AND OTHER RECREATIONAL FACILITIES AND PRINCIPAL OF AND INTEREST ON BONDS AND NOTES ISSUED FOR ANY OF THOSE PURPOSES, AND DECLARING AN EMERGENCY. (First reading 12/3/15, second reading 7/7/16) Councilmember O'Donnell moved, seconded by Councilmember Getsay, that Ordinance No. 2015-150 be amended by changing the electiondate in Section 1,194.01(B)(2)(c), from March 15,2016, to November 8,2016. ROLL CALL ON AMENDMENT: Sullivan, O'Donnell, Brady, Getsay, Killeen, Nunnari. None; Ordinance No. 2015-150 amended. Mayor Clough explained that this proposed income tax extension would provide funds for future recreational needs, the community center and Peterson pool. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that Ordinance No. 2015-150 be adopted. Sullivan, Brady, Getsay, Killeen, Nunnari; Ordinance No. 2015-150 amended, defeated. RESOLUTION NO. 2015-151: A RESOLUTION DECLARING THE NECESSITY OF AN ELECTION ON THE QUESTION OF APPROVING THE PASSAGE OF AN ORDINANCE AMENDING SECTION 194.01 OF THE CITY'S CODIFIED ORDINANCES TO PROVIDE FOR THE CONTINUATION OF THE EXISTING ONE-EIGHTHS PERCENT (%%) INCOME TAX THROUGH DECEMBER 31,2045, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY COSTS OF
Page 7of9 CONSTRUCTING, IMPROVING, FURNISHING, EQUIPPING, OPERATING AND MAINTAINING THE RECREATION CENTER, A NEW AND/OR THE EXISTING COMMUNITY SERVICES CENTER AND PARKS AND OTHER RECREATIONAL FACILITIES AND PRINCIPAL OF AND INTEREST ON BONDS AND NOTES ISSUED FOR ANY OF THOSE PURPOSES, AND DECLARING AN EMERGENCY. (First reading 12/3/15, second reading 7/7/16) Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that ResolutionNo. 2015-151 be adopted. Brady, Getsay, Killeen, Nunnari, Sullivan; Resolution No. 2015-151 defeated. Council President Killeen explained that thegeneral consensus of Council regarding putting the proposed income tax extension on the November ballot is the timing and need for further information and resolution of issues involving the proposed projects, not the income tax extension or the projects themselves. ORDINANCE NO. 2016-87: AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF WESTLAKE A PROPOSED AMENDMENT TO ARTICLE IV, SECTION 2(a) OF THE CITY CHARTER TO PROVIDE THAT THE LAW DIRECTOR BE AN APPOINTED POSITION EFFECTIVE JANUARY 1, 2018, AND DECLARING AN EMERGENCY. (First reading and referred to Planning, Zoning, Legislative committee 6/16/16, second reading 7/7/16) Councilmember Getsay moved, seconded by Councilmember O'Donnell, that Ordinance No. 2016-87 be adopted. Brady, Getsay, Killeen, Nunnari, Sullivan; Ordinance No. 2016-87 defeated. ORDINANCE NO. 2016-88: AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF WESTLAKE A PROPOSED AMENDMENT TO ARTICLE IV, SECTION 4 OF THE CITY CHARTER TO PROVIDE FOR AN APPOINTED LAW DIRECTOR, HIS QUALIFICATIONS AND DUTIES EFFECTIVE JANUARY 1, 2018, AND DECLARING AN EMERGENCY. (First reading and referred to Planning, Zoning, Legislative committee 6/16/16, second reading 7/7/16) 0^* Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that Ordinance No. 2016-88 be adopted.
Page 8 of9 Getsay, Killeen, Nunnari, Sullivan, Brady; Ordinance No. 2016-88 defeated. ORDINANCE NO. 2016-89: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION, AND DECLARING AN EMERGENCY. (First reading 6/16/16, second reading 7/7/16) Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that Ordinance No. 2016-89 be adopted. Killeen, Nunnari, Sullivan, O'Donnell, Brady, Getsay. None; Ordinance No. 2016-89 adopted. ORDINANCE NO. 2016-90: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH THE WESTLAKE SERVICE DEPARTMENT ASSOCIATION, AND DECLARING AN EMERGENCY. (First reading 6/16/16, second reading 7/7/16) Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that Ordinance No. 2016-90 be adopted. Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen. None; Ordinance No. 2016-90 adopted. /^k ORDINANCE NO. 2016-94: AN ORDINANCE APPROVING EXPENDITURES WITH BRAVO WELLNESS, LLC, AND DECLARING AN EMERGENCY. Councilmember Nunnari moved, seconded by Councilmember Sullivan, that the rule requiring the ordinanceto be read in full on three separatedates be suspended, and that the same be placed on third reading. VOICE VOTE ON SUSPENSION: Councilmember Nunnari moved, seconded by Councilmember Sullivan, that Ordinance No. 2016-94 be adopted. Nunnari, Sullivan, O'Donnell, Brady, Getsay, Killeen. None; Ordinance No. 2016-94 adopted. ORDINANCE NO. 2016-95: AN ORDINANCE AMENDING APPROPRIATIONS FOR THE CITY OF WESTLAKE, OHIO. Councilmember Sullivan 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.
COUNCIL PROCEEDINGS, JULY 21, 2016 Page 9 of9 VOICE VOTE ON SUSPENSION: Councilmember Nunnari moved, seconded by Councilmember Getsay. that Ordinance No. 2016-95 be adopted. Sullivan, O'Donnell, Brady, Getsay, Killeen, Nunnari. None: Ordinance No. 2016-95 adopted. ORDINANCE NO. 2016-96: AN ORDINANCE CONSIDERING A CONDITIONAL USE PERMIT FOR THE STORAGE AND WHOLESALE SALES OF BUILDING MATERIALS TO THE PUBLIC. Council President Killeen referred Ordinance No. 2016-96 to the planning commission. ORDINANCE NO. 2016-97: AN ORDINANCE CONSIDERING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF A PRE-SCHOOL AND DAY CARE CENTER. Council President Killeen referred Ordinance No. 2016-97 to the planning commission. ORDINANCE NO. 2016-98: AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 2012-177 AS TO A LPA AGREEMENT WITH ODOT FOR THE CROCKER ROAD INTERCHANGE PROJECT, AND DECLARING AN EMERGENCY. Councilmember Nunnari moved, seconded by Councilmember 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: Councilmember Nunnari moved, seconded by Councilmember O'Donnell, that Ordinance No. 2016-98 be adopted. Brady. Getsay, Killeen. Nunnari. Sullivan. None; Ordinance No. 2016-98 adopted. ADJOURNMENT: President of Council Killeen declared the meeting adjourned at 8:42 p.m. ^^J@&n& i Denise L. Rosenbaum Clerk ofcouncil President of Council