WESTLAKE CITY COUNCIL MEETING PROCEEDINGS OF A REGULAR SESSION MAY 5, 2016

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r 1 The City of ILL/ esilake VOliaiVW Ohio MINUTES www.cityofwestlake.org OFFICE OF THE CITY COUNCIL 27700 Hilliard Bvd. Phone 440.871.3300 Westlake, Ohio 44145 Fax 440.617 4089 WESTLAKE CITY COUNCIL MEETING PROCEEDINGS OF A REGULAR SESSION MAY 5, 2016 The regular session ofcouncil was called to order at 8:01 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, Service Director Paul Quinn. Director of Engineering Robert Kelly, Finance Director Prashant Shah. Recreation Director Bob DeMinico. Planning Director James Bedell. Economic Development Manager Michelle Boczek. Director of Purchasing Larry Surber. Director of Inspections Donald Grayem, Director of Community Services Lydia Gadd, Police Chief Kevin Bielozer, Fire Chief Jim Hughes. Clerk ofcouncil Denise L. Rosenbaum. APPROVAL OF MINUTES: Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that the reading of the minutes ofthe regular session ofapril 21. 2016, be waived and that they be approved as received. VOICE VOTE: None: motion carried. SELECTED CORRESPONDENCE: Communication from Director ofinspections Donald Grayem dated May 2, 2016, stating that Nathan Hessler, legal representative for the Lutheran Home, is requesting a conditional use permit for the operation of an upscale independent living facility at a new building on Lutheran Home's campus at 2116 Dover Center Road. Council President Killeen referred this request to the Planning, Zoning, Legislative committee. Communication from Mayor Clough dated May 2, 2016, requesting authorization to sell the listed items through the GovDeals auction site for the reserve amount listed or higher. Councilmember Nunnari moved, seconded by Councilmember Sullivan, to authorize the administration to sell the listed items through the GovDeals auction site for the reserve amount listed or higher.

COUNCIL PROCEEDINGS, MAY 5, 2016 Page 2 of6 None; motion carried. PETITIONS FROM THE PUBLIC: None. REPORT OF THE MAYOR: Mayor Clough read his ninth report ofthe year. REPORTS OF STANDING COMMITTEES - PLANNING, ZONING, LEGISLATIVE COMMITTEE: Councilmember Sullivan reported on the April 25, 2016, Planning, Zoning, Legislative committee meeting. Councilmember Sullivan moved, seconded by Councilmember Brady, that the report ofthe April 25, 2016, Planning, Zoning, Legislative committee meeting be received and filed. Appel, Nunnari, Sullivan, O'Donnell, Brady. Getsay, Killeen. None; motion carried. COMMITTEE OF THE WHOLE: President ofcouncil Killeen reported on the Committee ofthe Whole meeting held this date at 7:32 p.m. Present were Councilmembers Killeen, Appel, Nunnari, Sullivan. O'Donnell, Brady. Getsay. Also present were Mayor Clough; Directors Wheeler, Quinn, Kelly, Shah, DeMinico. Bedell, Boczek (Economic Development Manager), Surber, Grayem, Gadd, Bielozer, Hughes and Clerk Rosenbaum. Agenda items were discussed as well as selected correspondence, the planning commission report, the Milliard flower box planting, Council's recess to be in August, the ODOT sodium chloride order, the Tree City award event, and the status ofthe Community Services Center site. The following committee meeting was scheduled: Planning, Zoning, Legislative committee. May 18 at 7 p.m. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, to adjourn at 7:54 p.m. None; motion carried. Meeting immediately adjourned at 7:54 p.m. Council President Killeen announced that Council will recess this year during the month of August. REPORTS OF OTHER BOARDS AND COMMISSIONS - PLANNING COMMISSION: Councilmember Getsay reported on the May 2, 2016, planning commission meeting advising that the commission took the following actions: tabled the Canterbury - Center Ridge Road Improvements, roundabout development plan; tabled the Chapparal Cluster minor revision

COUNCIL PROCEEDINGS, MAY 5,2016 Page 3 of6 ^ ^^ ^^ to approved Development Plan to construct 1 single family cluster home on Columbia Rd. (on Block 9between 2445 &2471 Columbia), PP#215-26-011, until June 6,2016; Crocker Park KSEII temporary barricade, Block K, Union St., PP#211-25-005: Motion: Mr. DiCarlo moved and Mr. Getsay second to recommend approval ofthe Crocker Park KSE II temporary barricade construction as designed, and to use Crocker Park green or other neutral color that is administratively approved and that art in this location is not approved; tabled the Bonefish Grill Storefront revision, 1900 Crocker Rd., PP# 211-25-005, until June 6,2016; Travel Centers ofamerica minor revision to Development Plan (2 light poles), 24601 Center Ridge Rd., PP#215-27-006: Findings-of-fact: 1. The proposed light poles are being installed to improve safety. 2. A setback modification is required for the poles. 3. Existing parking lot lighting was recently relamped to LED and several fixtures cause excessive light trespass onto adjacent properties that require shielding. 4. Section 1220.06 (c) requires an "offset by greater standards in other areas of the Zoning Code" for modifications and shieldingthese fixtures provides that "offset." Motion: Mr. DiCarlo moved and Mr. Getsay second to recommend approval oftravel Centers ofamerica with the following conditions: 1. Two new light poles are approvedto be locatedwithin the front yard setback as indicated on the plans. 2. Existing fixtures as indicated on page two ofthe 4/28/16 staffreport shall be shielded to limit glare onto adjacent properties from these fixtures to less than 0.5 foot-candle at the property line. 3. Approval is subjectto comments in Part III of this reportand approvalofthe 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, shouldthere 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. 4. Condition to explore possible options that some ofthe parking lot lights are turned offor dimmed to reduce light levels later in the evening, with shut off times to be determined, and be administratively approved by planningstaff; St. John's Medical Center Development Plan (community garden fence), 29000 Center Ridge: Findings-of-fact: 1. This is a minor revision to an approved development plan to expand the existing community garden. 2.A1' modification is required for the heightof the fence. Motion: Mr. DiCarlo movedand Mr. Getsay second to recommend approval ofthe St. John's Medical Center DevelopmentPlan (community garden expansion) with a modification for the maximum height ofthe seasonal fence at 7'; Ordinance 2016-52 Conditional use permit for assisted living memory care facility, between Center Ridge and Westwood, PP# 215-01-011,013 to 015,029: Findings-of-fact: 1. The proposed assisted living/memory care facility is a conditional use in the RMF-24 District. 2. Illustrative plans were provided to indicate the feasibility ofthe use and development plans in accordance with Chapter 1220 of the zoning code will be required along with an assembly plat. 3. The standards for evaluating conditional use permits in 1227.03 have been met. Morion: Mr. DiCarlo moved and Mr. Getsay second to recommend approval of Ordinance 2016-52; Devon Oaks Sign Plan, 2345 Crocker Rd., PP# 211-29-003: Findings-of-fact: 1. Institutions are permitted one 24 sf sign per street frontage and Devon Oaks already hasa 24 sf freestanding sign. 2. Thesign code forinstitutional identification signage is consistent inall zoning districts whether single family, multi-family residential or commercial areas, with strictlimitations to especially protect single family residentially zonedareas from too much signage. 3. Crocker Road zoning is a combination ofresidential and mixed-use PUD. 4. Devon Oaks is zoned residential PUD, with an approved preliminary plan allowing mid-rise apartments. 5. Apartments are permitted up to two 30 sfsign faces per driveway entrance. 6. Devon Oaks now has two driveway entrances, due to changes needing to be made to the Crocker Road median to improve traffic flow. 7. The proposed signis a wall signwithno more than24 sf of lettering and graphics. 8. Thebackground of the non-illuminated sign panel is paintedto matchthe building(white). Motion: Mr. DiCarlo

COUNCIL PROCEEDINGS, MAY 5, 2016 Page 4 of 6 moved and Mr. Getsay second to approve the Devon Oaks sign plan with the following modification and conditions: 1. Modification to permit both a freestanding and wall sign for an institution. 2. Condition that the background ofthe sign face be painted white to match the building and if the building color is changed in the future to match the new building color. 3. The two banner signs mounted on the front ofthe building must be removed and remain removed. 4. To reconfigure the size and proportion of the sign so it fits more harmoniously with the canopy and be administratively approved by the planning staff; Vanity Lab Sign Plan, 24945 Detroit Rd., PP# 213-24-002: Findings-of-fact: 1. The approved sign criteria for this building specifies that wall signs consist of aluminum cabinets with green or burgundy internally illuminated faces and white copy. 2. The two proposed replacements wall signs for Vanity Lab consist ofaluminum cabinets with white faces, black and gray lettering and graphics and both internally illuminated faces and halo-illuminated cabinets. 3. Section 1223.07(b) states that light sources to illuminate permanent signs inside or outside ofbuildings shall not be ofexcessive brightness or cause glare hazardous to pedestrians or drivers. 4. Section 1223.07(d) states that the illumination ofnon-residential buildings shall be at the discretion ofthe Planning Commission after reviewing the location, zoning district and proximity to public streets and adjacent residential areas. Motion: Mr. DiCarlo moved and Mr. Getsay second to approve the Vanity Lab sign plan with a waiver from the Dover Vineyards sign criteria with a waiver to permit two white faced signs with black and gray lettering and face and halo illumination with the condition that the brightness ofthe signs does not exceed 10 lumens when measured 3' from the center ofthe sign faces; Westlake Guide Plan: Motion: Mr. DiCarlo moved and Mr. Getsay second to adopt the 2016 Westlake Guide Plan. Meeting adjourned at 9:40 p.m. The next regular meeting is scheduled for Monday, June 6, 2016, in the Westlake City Hall Council Chambers. Councilmember Getsay moved, seconded by Councilmember Sullivan, to approve the Crocker Park KSE II temporary barricade, Block K with the conditions listed in the report ofthe May 2, 2016, planning commission. Nunnari. Sullivan. O'Donnell. Brady, Getsay. Killeen. Appel. None: motion carried. Councilmember Getsay moved, seconded by Councilmember Sullivan, to approve the Travel Centers of America minor revision to Development Plan (2 light poles) with the conditions listed in the report ofthe May 2, 2016, planning commission. Sullivan, O'Donnell, Brady. Getsay, Killeen, Appel, Nunnari. None; motion carried. Councilmember Getsay moved, seconded by Councilmember Sullivan, to approve the St. John's Medical Center Development Plan (community garden fence) with the modification listed in the report ofthe May 2, 2016, planning commission. O'Donnell, Brady, Getsay, Killeen, Appel, Nunnari. Sullivan. None; motion carried. LEGISLATION: RESOLUTION NO. 2009-149: (THIRD READING) A RESOLUTION APPROVING THE PRELIMINARY PLAN OF THE COLUMBIA COMMONS MAJOR SUBDIVISION IN THE CITY OF WESTLAKE. (First reading 12/17/09, second reading 1/7/10, third reading and removed from agenda 1/21/10; referred to PZL 2/4/10)

COUNCIL PROCEEDINGS, MAY 5,2016 Page 5 of6 Councilmember O'Donnell moved, seconded by Councilmember Sullivan, that Resolution No. 2009-149 be adopted. ROLL CALL ON ADOPTION: None. Brady, Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell; Resolution No. 2009-149 defeated. ORDINANCE NO. 2016-52: (SECOND READING) AN ORDINANCE CONSIDERING A CONDITIONAL USE PERMIT FOR ASSISTED LIVING/MEMORY CARE FACILITY. (First reading and referred to planning commission 4/7/16, planning commission recommended approval 5/2/16) Council President Killeen set a public hearing on Ordinance No. 2016-52 for May 19,2016. ORDINANCE NO. 2016-61: (SECOND READING) ORDINANCE NO. 2016-62: (SECOND READING) ORDINANCE NO. 2016-63: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH THE CITY HALL EMPLOYEES' ASSOCIATION, AND DECLARING AN EMERGENCY. (First reading 4/21/16) AN ORDINANCE APPROVING THE PRELIMINARY PLAN OF THE KERRINGTON ESTATES NO. 2 MAJOR SUBDIVISION IN THE CITY OF WESTLAKE. (First reading 4/21/16) AN ORDINANCE ACCEPTING AN EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF A STORM SEWER IN THE CITY OF WESTLAKE. 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: None; motion carried. Councilmember Sullivan moved, seconded by Councilmember Nunnari, that Ordinance No. 2016-63 be adopted. ROLL CALL ON ADOPTION: Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell, Brady. None; Ordinance No. 2016-63 adopted. ORDINANCE NO. 2016-64: AN ORDINANCE CONSIDERING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A PROFESSIONAL OFFICE. Council President Killeen referred Ordinance No. 2016-64 to the planning commission.

COUNCIL PROCEEDINGS, MAY 5, 2016 Page 6 of 6 ORDINANCE NO. 2016-65: AN ORDINANCE CONSIDERING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A BODY CONDITIONING FACILITY. Council President Killeen referred Ordinance No. 2016-65 to the planning commission. ADJOURNMENT: President ofcouncil Killeen declared the meeting adjourned at 8:21 p.m. yj^u^^ck - KOdJ, Denise L. Rosenbaum Clerk ofcouncil