The City of MINUTES esilakeimo www.cityofwestlake.org OFFICE OF THE CITY COUNCIL 27700 Hilliard Bwl Wesilake. Ohio 4-il-s Phone 440 871.3300 fax 440 617.4089 WESTLAKE CITY COUNCIL MEETING PROCEEDINGS OF A REGULAR SESSION NOVEMBER 1, 2018 The regular session ofcouncil was called to order at 8:00 p.m. by President ofcouncil Michael F. Killeen. Present: President of Council Michael F. Killeen; Councilmembers Lynda M. Appel, Dennis J. Sullivan, Michael F. O'Donnell, Kenneth R. Brady, Mark R. Getsay. Councilmember Brady moved, seconded by Councilmember Sullivan, that Councilmember Nunnari be excused for cause. Also present: Mayor Dennis Clough, Law Director Michael Maloney, Service Director Paul Quinn, Director ofengineering Robert Kelly, Finance Director Prashant Shah, Planning Director James Bedell, Director of Purchasing Larry Surber, Director of Inspections Donald Grayem, Director ofcommunity Services Lydia Gadd, Police Chief Kevin Bielozer, Assistant Fire Chief Mike Freeman, Clerk ofcouncil Denise L. Rosenbaum. APPROVAL OF MINUTES: Councilmember O'Donnell moved, seconded by Councilmember Appel, that the reading ofthe minutes ofthe regular session ofoctober 18, 2018, be waived and that they be approved as received. VOICE VOTE: Killeen, Appel, O'Donnell, Brady, Getsay. Abstentions: Sullivan. SELECTED CORRESPONDENCE: Notice from Ohio Division of Liquor Control received October 29, 2018, for new D5A, D6 permits for Schulte Catering Ohio LLC, 25050 Sperry Road and patio, Westlake, Ohio 44145. r Councilmember Brady moved, seconded by Councilmember Sullivan, not to object to new D5A, D6 permits for Schulte Catering Ohio LLC, 25050 Sperry Road and patio, Westlake, Ohio 44145. Killeen, Appel, Sullivan, O'Donnell, Brady, Getsay.
COUNCIL PROCEEDINGS, NOVEMBER 1, 2018 Page 2 of7 Communication from Purchasing Director Larry Surber dated October 23, 2018, informing Council ofexpenditures for American Fleet Services for 2018. Communication from Purchasing Director Larry Surber dated October 23, 2018, informing Council ofexpenditures for CDW Government, Inc. for 2018. Communication from Purchasing Director Larry Surber dated October 23, 2018, informing Council of expenditures forhyland Software, Inc. for 2018. Communication from Mayor Clough dated October 30, 2018, requesting authorization to sell the listed items through the GovDeals auction site for the reserve amount listed or higher. Councilmember O'Donnell moved, seconded by Councilmember Appel, to authorize the administration to sell the listed items through the GovDeals auction site for the reserve amount listed or higher. Appel, Sullivan, O'Donnell, Brady, Getsay, Killeen. PETITIONS FROM THE PUBLIC: None. REPORT OF THE MAYOR: Mayor Clough read his nineteenth report ofthe year. REPORTS OF STANDING COMMITTEES - COMMITTEE OF THE WHOLE: President ofcouncil Killeen reported on the Committee ofthe Whole meeting held this date at 7:30 p.m. Present were Councilmembers Killeen, Appel, Sullivan, O'Donnell, Brady, Getsay. Also present were Mayor Clough; Directors Maloney, Quinn, Kelly, Shah, Bedell, Surber, Grayem, Gadd, Bielozer, Freeman (Assistant); and Clerk Rosenbaum. Agenda items were discussed as well as selected correspondence and the planning commission report. The following committee meetings were scheduled: Ad Hoc IT committee, November 8 at 7:00 p.m.; Finance committee (budget hearings), December 15 at 8:30 a.m. Councilmember Sullivan moved, seconded by Councilmember O'Donnell, to adjourn at 7:49 p.m. None; motion earned. Meeting immediately adjourned at 7:49 p.m. REPORTS OF OTHER BOARDS AND COMMISSIONS - PLANNING COMMISSION: Councilmember Appel reported on the October 22, 2018, planning commission meeting advising that the commission took the following actions: Market Square Sign Plan, 239 Market St., PP#211-24-003 & 004: Findings of Fact: 1. Planning commission recommended approval of this city-owned 13,290 sq. ft. assembly hall on 9/8/14. 2. Signage was shown but it was described as
COUNCIL PROCEEDINGS, NOVEMBER 1,2018 Page 3 of7 /HI9PN a "placeholder" when the final development plans were going through planning commission review. 3. Planning commission recommended approval ofthe Market Square and Crocker Commons (Westlake Civic Space) development plan on 8/3/15. 4. A finding offact ofthat approval was that a sign was shown on the canopy that was called out in the exterior finish legend as being backlit white acrylic - post mounted. It was noted at that time that details and a sign application are required to be submitted for planning commission approval. 5. The details and sign application were submitted 9/26/18. 6. The building includes a 23' wide marquee. 7. The 98' wide east facing tenant frontage of Market Square permits all sign types defined in the Crocker Park Mixed-Use Area Sign Criteria and Master Sign Plan. 8. The placement ofmarket Square within the Civic Space is most like a pavilion tenant. 9. Section 11.3 ofthe Crocker Park Mixed-Use Area Sign Criteria and Master Sign Plan permits pavilion tenants to have one 24 sq. ft. marquee sign and a total ofup to one square foot ofsignage per linear foot ofbuilding frontage. 10. The proposed signage consists of 10.51 sq. ft. ofnon-illuminated brushed aluminum letters pin mounted to the marquee. 11. Both Building and Fire departments recommend approval ofthe proposed signage. Motion: Based upon the findings of fact, Ms. Falcone moved, seconded by Mr. DiCarlo to approve the Market Square Sign Plan as submitted; Pandora Storefront & Sign Plan, 223 Main St., PP#211-26-302: Storefront Findings offact: 1. The 1,214 sq. ft. tenant space is located next to Lululemon. 2. The 20' wide store front is primarily glass framed with metal which has a grey gun metal finish. The center glass portion of the storefront is surrounded with a durable white resin solid surface material in an angular ribbon pattern. 3. The base ofthe storefront is a stone tile and the center glass portion ofthe storefront is topped with an opaque black awning. 4. Section 10.5 ofthe Crocker Park Mixed-Use Area Design Guidelines recommends wood, metal, stone and concrete as preferred materials. 5. Prefabricated High Density Plastic is permitted as a secondary material for various building styles in the mixed-use area. 6. A large sample ofthe resin material has been submitted which addresses any concerns staffhad ofapproving this material for use on the storefront. 7. The doors are accented with Rockwood door pulls. Motion: Based upon the findings offact, Ms. Falcone moved, seconded by Mr. DiCarlo to recommend approval ofthe Pandora storefront as submitted; Findings offact Sign Plan: 1. The halo lit individual letters and logo, internally illuminated blade sign, and non-illuminated portable sign comply with Section 11.1 ofthe Crocker Park Mixed-Use Area Sign Criteria and Master Sign Plan. 2. The last paragraph of Section 7.2 permits planning commission to make a determination that only the sign letter/logo area on an awning counts as sign area. 3. The 1.5 sq. ft. white lettering on the opaque black awning aesthetically appears as the sign area. 4. With this determination the proposed 28.99 sq. ft. of sign area complies with the criteria. Motion: Based upon the findings of fact, Ms. Falcone moved, seconded by Mr. DiCarlo to approve the Pandora sign plan as submitted with a determination that only the 1.5 sq. ft. ofwhite lettering on the opaque black awning valance count toward sign area, not the whole awning valance; Guiding Star Development Co. Lot Split & Assembly, 4438 & 4482 Bradley, PP#217-06-019 & 006: Findings offact: 1. The purpose ofthis request is to assemble property for a future subdivision that will complete the cul-de-sac at Birkdale Turn. 2. Two lots will be created with the remainder parcel at 4482 Bradley Road requiring a single modification for the depth to width ratio. 3. Although the depth to width ratio is greater than 3.5:1 (4:1), it is an improvement over the current lot that is 10:1. 4. The new assembly parcel is ofan irregular shape, requiring a modification. 5. This is justified because it will be corrected with the future subdivision. Motion: Based upon the findings offact, Ms. Falconemoved, seconded by Mr. DiCarlo to approve the Guiding Star Development Company Lot Split and Assembly involvingpermanentparcel numbers 217-06-006 and 019 with the following modifications and condition: 1. Modification for the irregular shaped assembly parcel. 2. Modification for the remainder parcel to have a depth to width ratio of4:1. 3. Approval
COUNCIL PROCEEDINGS, NOVEMBER 1,2018 Page 4 of7 is subject to comments in Part III of the 10/15/18 staffreport and approval of the plat by the ^% Engineering department in compliance with the codeand the ordinances of the Cityof Westlake; Ordinance 2018-102 Conditional Use Permit for a chiropractic office, 1055A Bradley, PP#211-15-011: Findings offact: 1. The proposal is for a professional services office as defined by section 1203.03 Definitions, General Terms. 2. Professional services offices are a conditional use in accordancewith section 1218.03. 3. The only performance regulation in section 1218.06 that is applicable is that the office be whollywithinan enclosed building and this office is within an enclosed building. 4. No additional parking is required in accordance with section 1221.05 because the office will occupy the former office space for the industrial buildingand parking spaces were provided for it. 5. Standards for evaluatingconditional use permits in 1227.03 have been met and additional safeguards and conditions are not needed. 6. No conditions or modification are required. Motion: Based upon the findings offact, Ms. Falcone moved, seconded by Mr. DiCarlo to recommend approval of Ordinance 2018-102; Chemical BankSign Plan, 159 Crocker Park Blvd., PP#211-25-004: Findings offact: 1. As per the Crocker Park Mixed Use Area Sign Criteria and Master Sign Plan Section 11.4 note #3 "Subject to planning commission approval, buildings primarily dedicated for office and hotel uses, including those fronting Crocker Road, shall be allowed fascia wall signs on all building facades with the following conditions: each building facade shall be allowed one (1) sign per floor; the maximum allowable sign area shall be 100 square-feetper sign; the text height shall not exceed four feet (4'-0"); and the signs shall not be required to be located on the same facade and/orfloor level occupiedby the sign's tenant-owner." 2. Since the three stories ofoffice space in this building already have three signs on the Crocker Park Blvd. side of the building (Merrill Lynch, Raymond James and Morgan Stanley), the Chemical Bank sign cannot be located on the Crocker Park >^%, Blvd. side ofthe building without a waiver from the Crocker Park sign criteria. The location of the Vieng's projecting (blade/feature) sign marks the separation between the Crocker Park Blvd. and Crocker Rd. sides ofthe building. The sign can be located on the rotunda tower facing Crocker Rd. without a waiver. 3. Individual letters and logo comply with the criteria, the plastic faces are shown in a matte finish as requiredper paragraph #5 ofsection 3.1 ofmaster Sign Plan. 4. The proposed 52.5 sq. ft. ofsign area complies with the criteria. 5. Internally illuminated letters and halo and internally illuminated logo comply with the criteria. 6. Sign should be dimmable so that ifled illumination is found to be too bright it can be dimmed down. Motion: Based upon the findings offact, Ms. Falcone moved, seconded by Mr. DiCarlo that the Chemical Bank sign is re-located to the top floor ofthe tower facing Crocker Road for the office signage on this building to continue to comply with the sign criteria with a condition that the sign is dimmable so that ifthe LED illumination is found to be too bright upon installation that it can be dimmed down to not exceed 10 lumens at three feet from the sign face; Welcome House Office Lot Split, 802 Sharon Rd., PP#214-01-015: Findings offact: 1. The purpose ofthis request is to create two parcels in order to sell one ofthem to the applicant, Welcome House Inc. 2. The lots are ofan irregularshape and require a modification from Section 1127.05, Lot Design. 3. The proximity ofthe new lot lines to the existing buildings creates several setback deficiencies for the buildingand parking. 4. Any new development or redevelopment on eitherparcel will have to conform to the zoning code setbacks. Motion: Based upon the findings offact, Ms. Falcone moved, seconded by Mr. DiCarlo to approve the Welcome House lot split involving permanent parcel number 214-01-015 with the following modification and conditions: 1. A modification is granted for both lots to be ofan irregular shape. 2. Approval is subject to approval ofthe minor revision to the development plan by City Council. 3. An existing retention basin is shared by Youth Challenge and the current development and will need to continue to be maintained and shared by all three properties. 4. Approval is subject to comments in Part III of the October 17, 2018, staffreport and approval ofthe plat by the Engineering department in
COUNCIL PROCEEDINGS, NOVEMBER 1, 2018 Page 5 of7 compliance with the code and the ordinances ofthe City ofwestlake. ROLL CALL ON APPROVAL: None. Lamb, Falcone, Appel, DiCarlo, motion failed; tabled the Mitchell's Homemade Ice Cream Sign Plan, 27155 Detroit Rd. PP#213-10-002; tabled the Westlake Community Services Center (on Rec. Center property) Development Plan, 28955 Hilliard Blvd., PP#216-14-002, to the November 12, 2018, meeting with the condition that a complete development plan submittal be received by November 2, 2018. Meeting adjourned at 9:15 p.m. The next regular meeting is scheduled for November 12, 2018, in the Westlake City Hall Council Chambers. Councilmember Appel moved, seconded by Councilmember Sullivan, to approve the Pandora Storefront as submitted. Sullivan, O'Donnell, Brady, Getsay, Killeen, Appel. LEGISLATION: ORDINANCE NO. 2018-102: (SECOND READING) AN ORDINANCE CONSIDERING A CONDITIONAL USE PERMIT FOR A CHIROPRACTIC OFFICE. (First reading and referred to planning commission 9/20/18, planning commission recommended approval 10/22/18) Council President Killeen set a public hearing on Ordinance No. 2018-102 for November 15, 2018. ORDINANCE NO. 2018-111 (SECOND READING) ORDINANCE NO. 2018-112: AN ORDINANCE GRANTING A TEMPORARY RIGHT- OF-WAY EASEMENT TO GARLAND NEW HOMES, AND DECLARING AN EMERGENCY. (First reading 10/18/18) AN ORDINANCE SUPPLEMENTING SUBSECTION (b) OF SECTION 167.26 AS TO THE EMPLOYMENT OF RETIRED GOVERNMENTAL EMPLOYEES, AND DECLARING AN EMERGENCY. Council President Killeen referred Ordinance No. 2018-112 to the finance committee. ORDINANCE NO. 2018-113: AN ORDINANCE ACCEPTING A PERMANENT HIGHWAY EASEMENT, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Sullivan, 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 Brady moved, seconded by Councilmember Getsay, that Ordinance No. 2018-113 be adopted. ROLL CALL ON ADOPTION:
COUNCIL PROCEEDINGS, NOVEMBER 1,2018 Page 6 of7 Sullivan, O'Donnell, Brady, Getsay, Killeen, Appel. ^% None; Ordinance No. 2018-113 adopted. ORDINANCE NO. 2018-114: AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE ONE (1) NEW MODEL YEAR DODGE CARAVAN WHEELCHAIR TRANSPORT VAN, WITH SELECTED OPTIONS, FOR THE COMMUNITY SERVICES DEPARTMENT, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Appel, 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 Sullivan moved, seconded by Councilmember Appel, that Ordinance No. 2018-114 be adopted. ROLL CALL ON ADOPTION: O'Donnell, Brady, Getsay, Killeen, Appel, Sullivan. None; Ordinance No. 2018-114 adopted. ORDINANCE NO. 2018-115: AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE ONE (1) 2019 CASE 590SN T4 LOADER BACKHOE, WITH SELECTED OPTIONS, FOR THE SERVICE DEPARTMENT THROUGH OHIO'S COOPERATIVE PURCHASING PROGRAM. Councilmember O'Donnell moved, seconded by Councilmember Appel, 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: CouncilmemberGetsay moved, seconded by CouncilmemberBrady, that Ordinance No. 2018-115 be adopted. ROLL CALL ON ADOPTION: Brady, Getsay, Killeen, Appel, Sullivan, O'Donnell. None; Ordinance No. 2018-115 adopted. RESOLUTION NO. 2018-116: A RESOLUTION AUTHORIZING THE CITY'S PARTICIPATION IN THE CUYAHOGA COUNTY SHERIFF'S OFFICE FIXED LICENSE PLATE READER PROGRAM FUNDED BY THE FEDERAL URBAN AREA SECURITY INITIATIVE GRANT. Council President Killeen referred Resolution No. 2018-116 to the safety, utilities committee.
COUNCIL PROCEEDINGS, NOVEMBER 1, 2018 Page 7 of7 ADJOURNMENT: President ofcouncil Killeen declared the meeting adjourned at 8:14 p.m. Denise L. Rosenbaum, CMC Clerk ofcouncil President ofcouncil