The Cityi^^^CStl&KG ohm MINUTES www.cityofwestlake.org OFFICE OF THE CITY COUNCIL 27700 Hilhard Bvd. Westlake.Ohio44145 Phone 440.871 3300 Fax 440 617 4089 WESTLAKE CITY COUNCIL MEETING PROCEEDINGS OF A REGULAR SESSION MARCH 16, 2017 The regular session ofcouncil was called to order at 8:00 p.m. by President of Council Michael F. Killeen. Present: President of Council Michael F. Killeen: Councilmembers Lynda M. Appel. Nick C. Nunnari. Dennis J. Sullivan. Michael F. O'Donnell. Mark R. Getsay. Councilmember O'Donnell moved, seconded by Councilmember Getsay. that Councilmember Brady be excused for cause. Also present: Mayor Dennis Clough, Law Director John Wheeler. Service Director Paul Quinn. Director of Engineering Robert Kelly, Assistant Finance Director Bonnie Freeh, Recreation Director Bob DeMinico. 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 ChiefJim Hughes. Clerk ofcouncil Denise L. Rosenbaum. APPROVAL OF MINUTES: Councilmember O'Donnell moved, seconded by Councilmember Nunnari. that the reading of the minutes of the regular session ofmarch 2, 2017. be waived and that they be approved as received. VOICE VOTE: SELECTED CORRESPONDENCE: Communication from Mayor Clough dated March 13, 2017, requesting to accept the proposal of Nerone & Sons, Inc. as the lowest and most responsive proposal for the Clague Park pedestrian bridge project in an amount not to exceed $191,200.00. (Ordinance No. 2017-37) Communication from Mayor Clough dated March 13. 2017. requesting to award the bid for the Canterbury and Center Ridge Road intersection improvements to Mr. Excavator in the amount of $3,451,610.25 as the lowest and most responsive bid. (Ordinance No. 2017-38)

COUNCIL PROCEEDINGS, MARCH 16,2017 Page 2 of9 Communication from Mayor Clough dated March 13, 2017, requesting to accept the bid ofaero- Mark, Inc. as the lowest and most responsivebid for the 2017 pavement crack and joint sealing hot applied project in an amount not to exceed $172,450.00. (Ordinance No. 2017-34) Communication from Mayor Clough dated March 13, 2017, requesting to authorize the second application option ofthe 2016 bid for pavementmarkings of certain streets and highways within the city of Westlake with Dura Mark, Inc. in an amount not to exceed $240,000.00. (Ordinance No. 2017-35) Communication from Purchasing Director Larry Surber dated March 9, 2017, informing Council ofthe 2017 expenditures with Sungard. Communication from Director of Inspections Donald Grayem datedmarch 14, 2017, stating that Kasey Crawford Kellem is requesting a conditional use permit for an arts and wellness center for children at 27366 Center Ridge Road. Council President Killeen referred this request to the planning, zoning, legislative committee. PETITIONS FROM THE PUBLIC: Joe Kraft, 3606 Blackberry Lane, inquired about thereal estate exchange between the city and Westlake Board of Education and whether it can be acted upon despite the lack ofthe lease agreement. Council President Killeenand Law DirectorWheeler explained that without the lease agreement, it cannot be acted upon. REPORT OF THE MAYOR: Mayor Clough read his sixth report ofthe year. REPORTS OF STANDING COMMITTEES - COMMITTEE OF THE WHOLE: President of Council Killeen reported on the Committee of the Whole meeting heldthis date at 7:30 p.m. Present were Councilmembers Killeen, Appel, Nunnari, Sullivan, O'Donnell, Getsay. Also present were Mayor Clough; Directors Wheeler, Quinn, Kelly, Freeh (Assistant), DeMinico, Bedell, Boczek, Surber, Grayem, Gadd, Bielozer, Hughes and Clerk Rosenbaum. Agenda items were discussed as well as selected correspondence, the planning commission report andproposed legislation to be added to theagenda. The following committee meetings were re-announced: Public Grounds, Buildings, Recreation committee, March 28 at 7 p.m. was cancelled; Sanitation committee, April 10 at 7 p.m. Councilmember Sullivan moved, seconded by Councilmember Nunnari, to adjourn at 7:52 p.m. Meeting immediately adjourned at 7:52 p.m. REPORTS OF OTHER BOARDS AND COMMISSIONS - PLANNING COMMISSION: Councilmember Getsay reported onthe March 6, 2017, planning commission meeting advising that the commission tookthe following actions: DataServ minor revision to approved

COUNCIL PROCEEDINGS, MARCH 16,2017 Page 3 of 9 ^^ Development Plan (curbing), 31280 Viking Parkway, PP#211-01-001: Motion: Mr. Lamb moved and Mr. DiCarlo second to recommend that DataServ install curbing perthe city engineer's recommendations within one year(3/6/18) withthere beingno further extension of time granted for this request; tabled Ordinance 2016-149, text amendmentto 1216.03(o)(l) & (o)(5) as to licensed child care facilities and preschool facilities in business districts; tabled the KFC Site Improvements, 25467 Detroit Rd., PP#213-24-008 to April 3,2017; tabled the West Bay Plaza Development Plan, 30100 Detroit Rd., PP#211-19-006 & 015 to April 3, 2017; tabled the West Bay Plaza Master Sign Criteria, 30100 Detroit Rd., PP#211-19-006 & 015to April 3,2017; Earth to You Landscape Supply Inc. Site Improvements (covers over landscape bins), 26690 Detroit Rd., PP# 213-05-027: Findings offact: 1. The purpose of the request is to provide a permanent covering for topsoil to reduce labor associated with daily removal and replacement of tarps and to control dust. 2. Thisproposal does not expandthe use of this legally non-conforming property as prohibited in Chapter 1225 of the ZoningCode. 3. The design guidelines in Chapter 1237 do not address the covering of hoop structures and do not specifythe use of fabric (polyethylene) coverings under materials for roofing. Traditional roofing materials in Chapter 1237, such as asphalt and standing seam metal roofs, are not appropriate for the proposed hoop structures. Motion: Based upon the findings of fact, Mr. Lamb moved, seconded by Mr. DiCarlo to recommend approval ofthe Earth to You Landscape Supply Inc. Site Improvements with the following conditions: 1. Condition that the green polyethylene cover is approved for the proposed hoop structure. 2. Approval is subject to comments in Part III ofthe 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, inthe 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; Kumon Math, Reading, Success Sign Plan, 26583 Center Ridge Rd., PP#215-01-008 & 009: Findings offact: 1. Westlake Commons has a sign criteria which limits the signage to individual internally illuminated red letters. 2. Kumon Math is seeking two waivers from the approved sign criteria. 3. The first waiver is to allow 14.8 sf, 18" tall letter faces to be green instead ofred. 4. The second waiver is to allow a 6.17 sfwhite capsule sign with green letters beneath the letter portion ofthe sign. 5. Westlake code requires that there be consistency in size, design and color ofsignage. Consistency includes uniformity ofcolors or harmonious use ofa limited range of compatible colors. 6. All the existing wall signage on the center is red except for waiver granted for one blue logo. 7. All the existing wall signage on the center is individual letters except for waiver granted for one white capsule sign. Motion: Based upon the findings offact, Mr. Lamb moved, seconded by Mr. DiCarlo to approve a waiver from the Westlake Commons sign criteria for the Kumon Math, Reading, Success Sign Plan with the following conditions: 1. A condition that the warm gray color used to paint the raceway match the color ofthe wall that it is mounted on. 2. A condition that any replacement sign panel on the freestanding sign for Kumon Math have a khaki background with white letters and red outline to match the other freestanding sign panels; Biryani Hut Express Sign Plan, 26569 Center Ridge Rd., PP#215-01-008: Findings of Fact: 1. Westlake Commons has a sign criteria which limits the signage to individual internally illuminated red letters. 2. Biryani Hut Express is seeking a waiver from the approved sign criteria to allow a 5.5 sfwhite capsule sign with red letters beneath the letter portion ofthe sign. 3. Westlake code requires that there be consistency in size, design and color ofsignage. 4. All the #^ existing wall signage on the center is individual letters except for waiver granted for one white capsule sign. Motion: Based upon the findings offact, Mr. Lamb moved, seconded by Mr. DiCarlo to approve a waiver from the Westlake Commons sign criteria for Biryani Hut Express wall sign with the following conditions: 1. A condition that the color used to paint the raceway

COUNCIL PROCEEDINGS, MARCH 16,2017 Page 4 of9 match the color ofthe wall that it is mounted on. 2. A condition that the replacement sign panel on the freestanding sign for Biryani Hut Express have a khaki background with white letters and red outline to match the other freestanding sign panels as shown; Coach revised Storefront & Sign Plan, 183 Main St.,PP#211-25-004: Findings offact Sign Plan: 1. The revised sign plan consists ofa 5.375 sq. ft. wall sign and 3.25 sq. ft. blade sign. 2. The internally lit transom windows measure 41.34 sq. ft. in surface area. 3. Ifthe internally lit transom windows are considered primary signage, the total amount ofsignage falls within the total signage permitted by the criteria, however a waiver for 9.22 sq. ft. ofexcess primary signage will be needed. Motion: Based upon the findings offact, Mr. Lamb moved, seconded by Mr. DiCarlo to approve the Coach Sign Plan; Findings offact Storefront: 1. Section 10.5 ofthe Crocker Park Design Guidelines limit the use ofopaque glass to not more than 25% ofthe storefront, the proposal is for approximately 12% ofthe storefrontto be opaque glass. Motion: Based upon the findings of fact, Mr. Lamb moved, seconded by Mr. DiCarlo to recommend approval ofthe Coach Storefront with condition that glass block illumination not exceed 10 lumens; MISCELLANEOUS: Motion: Mr. Getsaymoved, secondedby Mr. DiCarlo that the Planning Commissionrequests that the Omni Property Companies submit a revised landscape plan for Westlake Assisted Living, 26695 Center Ridge Road, by April 28, 2017; LED Lighting - draft ordinance discussion: No action taken. Meeting adjourned at 8:55 p.m. The nextregular meeting is scheduled for Monday, April 3,2017, in the Westlake City Hall Council Chambers. Councilmember Getsay moved, seconded by Councilmember Sullivan, to approve the DataServ minor revision to approved Development Plan (curbing) extension oftime as stated in the report ofthe March 6,2017, planning commission. Killeen, Appel, Nunnari, Sullivan, O'Donnell, Getsay. '"=^^k Councilmember Getsay moved, seconded by Councilmember Appel, to grant an extension of time for Ordinance 2016-149 to April 3,2017. Appel, Nunnari, Sullivan, O'Donnell, Getsay, Killeen. Councilmember Getsay moved, seconded by Councilmember Sullivan, to approve the Earth to You Landscape Supply Inc. Site Improvements (covers over landscape bins) withthe conditions listed in the reportof the March 6,2017, planning commission. Nunnari, Sullivan, O'Donnell, Getsay, Killeen, Appel. Councilmember Getsay moved, seconded by Councilmember Appel, to approve the Coach revised Storefront with the condition listed in the report of the March 6,2017, planning commission. Sullivan, O'Donnell, Getsay, Killeen, Appel, Nunnari. LEGISLATION: ORDINANCE NO. 2017-29: AN ORDINANCE AUTHORIZING THE MAYOR TO ^ (SECOND READING) ENTER INTO A REAL ESTATE EXCHANGE AGREEMENT BETWEEN THE CITY OF WESTLAKE AND THE BOARD OF EDUCATION OF THE WESTLAKE

COUNCIL PROCEEDINGS, MARCH 16,2017 Page 5 of9 CITY SCHOOL DISTRICT, AND DECLARING AN EMERGENCY. (First reading 3/2/17) ORDINANCE NO. 2017-30: AN ORDINANCE AMENDING APPROPRIATIONS FOR THE CITY OF WESTLAKE, OHIO. ^ Councilmember O'Donnell moved, seconded by Councilmember Appel, that the rule requiring Councilmember Sullivan moved, seconded by Councilmember Nunnari, that Ordinance No. 2017-30 be adopted. O'Donnell, Getsay, Killeen, Appel, Nunnari, Sullivan. None; Ordinance No. 2017-30 adopted. RESOLUTION NO. 2017-31: A RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AND ACCEPTING THE 2017/2018 EMS GRANT THROUGH THE OHIO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF EMERGENCY MEDICAL { SERVICES FOR TRAINING AND MEDICAL EQUIPMENT. the resolution to be read in full on three separate datesbe suspended, and that the same be placed Councilmember Nunnari moved, seconded by Councilmember Sullivan, that Resolution No. 2017-31 be adopted. Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell. None; Resolution No. 2017-31 adopted. ORDINANCE NO. 2017-32: AN ORDINANCE ACCEPTING A WATERSHED PRESERVE EASEMENT AGREEMENT FOR AN ACCESS AND STORM WATER EASEMENT FROM THE METROHEALTH SYSTEM, AND DECLARING AN EMERGENCY. #"\ Councilmember O'Donnell moved, seconded by Councilmember Getsay, that the rule requiring the ordinance to beread in full onthree separate dates besuspended, and thatthe same beplaced

COUNCIL PROCEEDINGS, MARCH 16,2017 Page 6 of 9 Councilmember Sullivan moved, seconded by Councilmember Nunnari, that Ordinance No. 2017-32 be adopted. Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell. None; Ordinance No. 2017-32 adopted. ORDINANCE NO. 2017-33: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH HYLAND SOFTWARE, INC. FOR THE PROVISION OF INCENTIVES AVAILABLE PURSUANT TO CHAPTER 3735 OF THE OHIO REVISED CODE FOR THE CONSTRUCTION OF A 70,000 SF ADDITION TO AN EXISTING FACILITY WITHIN THE COMMUNITY REINVESTMENT AREA, AND DECLARING AN EMERGENCY. Councilmember Sullivan moved, seconded by Councilmember Getsay, that Ordinance No. 2017-33 be adopted. Killeen, Appel, Nunnari, Sullivan, O'Donnell, Getsay. None; Ordinance No. 2017-33 adopted. ORDINANCE NO. 2017-34: AN ORDINANCE ACCEPTING A BID AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH AERO-MARK, INC. FOR THE 2017 PAVEMENT CRACK & JOINT SEALING PROJECT FOR THE CITY OF WESTLAKE, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Appel, that the rule requiring Councilmember Appel moved, seconded by Councilmember Nunnari, that Ordinance No. 2017-34 be adopted. Appel, Nunnari, Sullivan, O'Donnell, Getsay, Killeen.

COUNCIL PROCEEDINGS, MARCH 16,2017 Page 7 of 9 None; Ordinance No. 2017-34 adopted. ORDINANCE NO. 2017-35: AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 2016-75 AS TO THE CONTRACT WITH DURA MARK, INC., AND DECLARING AN EMERGENCY. the ordinance to be read in full on three separate dates be suspended, and that the samebe placed Councilmember Sullivan moved, seconded by Councilmember Nunnari, that Ordinance No. 2017-35 be adopted. Nunnari, Sullivan, O'Donnell, Getsay, Killeen, Appel. None; Ordinance No. 2017-35 adopted. ORDINANCE NO. 2017-36: AN ORDINANCE ACCEPTING A BID AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE TURF MAINTENANCE AND BED PREPARATION FOR CERTAIN CITY PROPERTIES WITHIN THE CITY OF WESTLAKE, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that Ordinance No. 2017-36 be removed from the agenda. ROLL CALL ON REMOVAL FROM AGENDA: Sullivan, O'Donnell, Getsay, Killeen, Appel, Nunnari. None; Ordinance No. 2017-36 removed from agenda. ORDINANCE NO. 2017-37: AN ORDINANCE ACCEPTING A BID AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE CLAGUE PARK PEDESTRIAN BRIDGE PROJECT FOR THE CITY OF WESTLAKE, AND DECLARING AN EMERGENCY. Councilmember O'Donnell moved, seconded by Councilmember Appel, that the rule requiring Councilmember Appel moved, seconded by Councilmember Nunnari, that Ordinance No. 2017-37 be adopted.

COUNCIL PROCEEDINGS, MARCH 16,2017 Page 8 of9 O'Donnell, Getsay, Killeen, Appel, Nunnari, Sullivan. None; Ordinance No. 2017-37 adopted. /^^^ ORDINANCE NO. 2017-38: AN ORDINANCE ACCEPTING A BID AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE CANTERBURY AND CENTER RIDGE ROADS INTERSECTION IMPROVEMENT PROJECT FOR THE CITY OF WESTLAKE, AND DECLARING AN EMERGENCY. Councilmember Nunnari moved, seconded by Councilmember Sullivan, that Ordinance No. 2017-38 be adopted. Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell. None; Ordinance No. 2017-38 adopted. Councilmember O'Donnell moved, seconded by Councilmember Getsay, that Ordinance No. 1 2017-39 be added to the agenda. VOICE VOTE ON ADDING TO AGENDA: None; Ordinance No. 2017-39 added to agenda. ORDINANCE NO. 2017-39: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A LPA AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION AS TO COLUMBIA ROAD FROM CENTER RIDGE TO SOUTH CORP. LINE RESURFACING PROJECT, AND DECLARING AN EMERGENCY. the ordinance to be read in full on threeseparate dates be suspended, and that the samebe placed Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that Ordinance No. 2017-39 be adopted. Getsay, Killeen, Appel, Nunnari, Sullivan, O'Donnell. None; Ordinance No. 2017-39 adopted. ^

COUNCIL PROCEEDINGS, MARCH 16, 2017 Page 9 of 9 MISCELLANEOUS: Councilmember Appel congratulated Westlake High School graduate Gavin Skelly as he plays for Northwestern University in the NCAA basketball tournament. Councilmember Nunnari commended the Westlake High School students in attendance at this meeting. ADJOURNMENT: President ofcouncil Killeen declared the meeting adjourned at 8:33 p.m. )enise L. Rosenbaum, CMC Clerk ofcouncil Micl1 President of Council