S^sikke. - City of Westlake

Transcription

S^sikke.
The City of /Zy/ V/OllCHW Ohio
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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 of Council was called to order at 8:08 p.m. by President of Council Michael
F. Killeen.
Present:
President of Council Michael F. Killeen; Councilmembers Nick C. Nunnari,
Dennis J. Sullivan, Michael F. O'Donnell. Kenneth R. Brady, Mark R. Getsay.
Councilmember Nunnari moved, seconded by Councilmember Sullivan, that Councilmember
Appel be excused for cause.
Yeas:
All.
Nays: None; motion carried.
Also present: Mayor Dennis Clough. Law Director John Wheeler. 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 of Council Denise L. Rosenbaum.
APPROVAL OF MINUTES:
Councilmember O'Donnell moved, seconded by Councilmember Nunnari, that the reading of the
minutes of the regular session of July 7. 2016, be waived and that they be approved as received.
VOICE VOTE:
Yeas:
All.
Nays: 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.
Yeas:
All.
Notice from Ohio Division of Liquor Control received July 11, 2016. for Dl, D2. D3, D3A, D6
permits for Miami Nights LLC, 857 Columbia Road & patio. Westlake. Ohio.
COUNCIL PROCEEDINGS, JULY 21,2016
Page 2 of 9
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.
Yeas:
/*^i\
All.
Notice from Ohio Division of Liquor 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 of July 21, 2016, the Ohio
Division of Liquor 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.
Yeas: 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.
Councilmember Nunnari moved, seconded by Councilmember Getsay, to approve the payment
of the Equity Trust and Hyland Software grants as proposed.
Yeas: 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.
Yeas:
All.
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.
Yeas:
All.
/*!^\
PETITIONS FROM THE PUBLIC:
None.
Page 3 of 9
REPORT OF THE MAYOR:
Mayor Clough read his fourteenth report of the 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.
Yeas: Getsay, Killeen, Nunnari, Sullivan, O'Donnell, Brady.
COMMITTEE OF THE WHOLE:
President of Council Killeen reported on the Committee of the Whole meeting held 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
/P*\
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:
Yeas: 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:
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 of 9
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 of the 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 of the 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 of this 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 of window coverage permitted
which is exceeded on the north facing center window. 3. The north facing center window has
20% of the glazed area covered in signage. The previous tenant had a waiver permitting 22% of
the glazed area of this 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 if needed east side of the
kiosk include frosted glass to screen the equipment from view outside of the 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% of the 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
if needed east side of the kiosk include frosted glass to screen the equipment from view outside
of the 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 of the 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. of sign 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# 21125-002: Findings ofFact: 1. Up to 25 sq. ft. of sign 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 of the 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 of this report and approval of the final plans by the
Building and Engineering Departments in compliance with the code and the ordinances of the
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 of the 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 of the proposed face change of existing 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 of time 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 of Ordinance 2016-68 with the condition that the
proposed definition is rewritten to indicate that retail sales of supplements 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.
Yeas: Killeen, Nunnari, Sullivan, Brady. Getsay.
Abstentions:
O'Donnell.
Nays: 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 of the
July 11, 2016, planning commission.
Page 6 of 9
Councilmember Getsay moved, seconded by Councilmember Sullivan, to grant a 60-day
extension of time for Ordinance No. 2016-73 to September 16,2016.
Council President Killeen set a public hearing on Ordinance No. 2016-68 for September 1,
2016.
LEGISLATION:
ORDINANCE NO. 2015-150:
(THIRD READING)
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:
Nays: 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.
ROLL CALL ON ADOPTION:
Yeas:
O'Donnell.
Nays: Sullivan, Brady, Getsay, Killeen, Nunnari; Ordinance No. 2015-150 amended, defeated.
RESOLUTION NO. 2015-151:
(THIRD READING)
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.
Yeas: O'Donnell.
Nays: 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.
(THIRD READING)
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.
Yeas: O'Donnell.
Nays: Brady, Getsay, Killeen, Nunnari, Sullivan; Ordinance No. 2016-87 defeated.
(THIRD READING)
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^*
2016-88 be adopted.
Yeas:
O'Donnell.
Page 8 of 9
Nays: Getsay, Killeen, Nunnari, Sullivan, Brady; Ordinance No. 2016-88 defeated.
(THIRD READING)
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT WITH THE OHIO PATROLMEN'S
BENEVOLENT ASSOCIATION, AND DECLARING AN
2016-89 be adopted.
Nays: None; Ordinance No. 2016-89 adopted.
(THIRD READING)
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT WITH THE WESTLAKE SERVICE
DEPARTMENT ASSOCIATION, AND DECLARING AN
2016-90 be adopted.
/^k
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:
Yeas: All.
Councilmember Nunnari moved, seconded by Councilmember Sullivan, that Ordinance No.
2016-94 be adopted.
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 of 9
Yeas:
All.
Councilmember Nunnari moved, seconded by Councilmember Getsay. that Ordinance No. 201695 be adopted.
Nays: None: Ordinance No. 2016-95 adopted.
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.
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.
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 O'Donnell. 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.
Yeas:
All.
Councilmember Nunnari moved, seconded by Councilmember O'Donnell, that Ordinance No.
2016-98 be adopted.
Yeas: O'Donnell. Brady. Getsay, Killeen. Nunnari. Sullivan.
ADJOURNMENT:
President of Council Killeen declared the meeting adjourned at 8:42 p.m.
^^J@&n&
i
Denise L. Rosenbaum
Clerk of Council
President of Council

S^sikke. - City of Westlake

Transcription

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