City Council - Regular Meeting

And we'll launch right into where's my agenda? Like hearing. We'll begin the public hearing. I'll call this evening public hearing for ordinance two thousand twenty five sixty six.

An ordinance amending subsection twelve thirty three zero three d of the zoning code of the city of Westlake.

Is anyone here that wishes to speak on ordinance two thousand twenty five sixty six? Hearing none, we'll call the public hearing closed, and we'll now move into the Westlake City Council meeting for 12/04/2025. Clerk will please call the roll.

Mayor Clough? Here. President and council Greenspan? Here. Council members Van Dyke? Here. Nanari? Here. Sullivan?

Here. O'Donnell? Here. Havalca? Here. Gatze?

Here. Thank you. We have a quorum. Mayor, please lead us in the pledge. I'll ask all those in the audience please rise and join us.

I pledge allegiance to the flag The United States Of America and to the republic for which it stands, nation under God, indivisible, with liberty and justice

for all. Thank you, mayor. Before members of council or the meeting minutes from the 11/20/2025 regular session, I'll entertain a motion to approve.

So moved.

Then a motion. Is there a second? Second. Motion's made and seconded. Discussion on the motion to approve the minutes? Local call roll on the motion to approve.

Greenspan?

Yes. Van Dyke?

Yes. Menari? Yes. Sullivan?

Epstein.

O'Donnell? Yes. Pavelka?

Yes. Getsay?

Yes. And motion carries. The minutes are approved. Selected correspondence.

Communication from mayor Kluff dated December 1 requesting confirmation of the reappointment of Diane Morris to the tree commission with a term expiring on 12/31/2029.

I'll entertain a motion to confirm.

Moved. Moved.

There's a motion to Second. And seconded. Discussion, mayor?

Missus Morris has served on the Tree Commission for a number of years, indicates that she thoroughly enjoys it and would like to continue for another term and that's why I'm recommending her to continue to be reappointed. Any further discussion? Hearing none click or call the motion to confirm.

Greenspan? Yes. Van Dyke? Yes. Menari? Yes. Sullivan? Yes. O'Donnell? Yes. Havelka? Yes. Getsay?

Yes. The motion carries. The confirmation is confirmed.

Communication from mayor Kluff dated December 1 requesting confirmation of the reappointment of Bonnie Smith to the Planning Commission with a term expiring on 12/31/2029.

I'll entertain a motion to confirm.

So moved.

The motion. Is there a second? Second. Motion's made and seconded. Discussion. Mayor?

And Bonnie Smith has served on the Planning Commission for a number of years and her term is expiring at the end of this month and she has indicated she would like to be reappointed. So I'm recommending counsel confirm her reappointment to the Planning Commission.

Any further discussion? Hearing none clerk call the roll and the motion to confirm.

Van Dyke yes Menari yes Sullivan yes O'Donnell yes Pavelka yes Getsay yes Greenspan

yes the motion carries

communication from mayor Kluff dated December 1 requesting confirmation of the reappointment of Brian Basil to the board of building and zoning appeals with a term expiring on 12/31/2029

entertain a motion to confirm. So moved. Then the motion is there a second? Second. Motion is made and second. In discussion, mayor?

And mister Basil has served on the board of building, appeals, and zoning for a number of years and indicates that he too would like to be reappointed. So I'm recommending counsel confirm his reappointment.

Any further comment or discussion? Hearing none, clerk will call the roll in the motion to confirm.

Nenari? Yes. Sullivan? Yes. O'Donnell? Yes. Pavelka? Yes. Getsay? Yes. Greenspan? Yes. Van Dyke?

Yes. Motion carries. Petitions to the public. I have none. I have no one that has signed in. Does anybody wish to address

council? Seeing none. Reports of the mayor. K. I have a short report. Just an indication that the service department does still plan to go around the city one more time to pick up leaves. Of course, we've been hindered by the current snow. So we have to wait a little while for this snow to dissipate. But we will continue to pick the leaves up at least one more time. This Saturday, we have a hearing on the budget for 2026 right here in council chambers.

It is a meeting open to the public, and it starts about 08:30AM and will conclude around 4PM or if lucky sooner. And the Westlake Town Criers will will hold their annual tree lighting ceremony here at City Hall this Sunday at 6PM, and everyone is invited. At that time, we will hear who mister and missus Westlake is for 2026.

K. Thank you, mayor. Reports of administrative officials. I see none, hear none. Reports of standing committees, committee of the whole. This evening, Westlake, committee of the whole met at at 07:30. Present were council members Grant, Greenspan, Van Dyke, Nenari, Sullivan, O'Donnell, Havelka, and Getsay. Also present were mayor Kluff, law director Maloney, directors Stum, Smallwick Shaw, Horner Bedell, Serber, Stival, Graham, Gad, chiefs Beeloser, Moran, and clerk Rosenbaum. Discussed were agenda items like the correspondence and planning commission report. A committee of the whole has been scheduled, as the mayor mentioned, for December 6 at 08:30AM to discuss the budget hearing.

Council went into executive session at 07:39PM. A motion was made by council member Nenari and seconded by O'Donnell to discuss collective bargaining negotiations pending and threatening litigation. Roll call vote to go into executive session was unanimous. Additionally, the mayor, law director, and finance director participated in the executive session that convened at 08:37PM. We readjourned, the Committee of the Whole and convened that meeting at 08:38. That concludes the report of the Committee of the Whole. Reports of other boards and commissions. Planning Commission, mister Van Dyke.

Yes, mister president. So the the first item was the Church of Jesus Christ of Latter day Saints Pavilion, and I am asking that it be tabled till the next council meeting.

Okay. There's been a motion to table.

I'd second that motion.

Motion to table has been made and seconded. There's no discussion of the motion to table. Clerk will hold a roll on the motion to table. Sullivan?

Yes.

O'Donnell? Yes. Habelca? Yes. Gadze? Yes. Greenspan? Yes. Van Dyke? Yes. Nanari?

Yes. The motion carries. That item is tabled. Mr. Van Dyke?

Thank you. And the next is the Planning Commission meeting from 12/01/2025. And the first item is ordinance twenty twenty five dash one seventeen conditional use permit for biohacking, and it's on second reading. And I would like to request a public hearing be scheduled for December 18.

We will we will schedule the public hearing for December 18.

And then the next item is Vula Park revised design guidelines.

Yes. So this is 22990 Center Ridge Road. It's under construction. So the purpose is to add more material choices, include colors and finishes that have been chosen by the homebuilder. Homebuilder is new on the project from when it was originally approved.

So they are selections that reflect client preferences. And this developer has a long proven track record with residential home building, so has a good understanding of what her clients would like to have. So the current guidelines, very simple. There's one housing style, in fact, and a very limited palette of exterior materials that you see on the screen. And it simply broadens what you see on the screen with warm and timeless colors.

So there's a greater choice of siding materials, stone materials I should say color choices, the actual materials themselves don't change windows, roof, garage door, lighting in front door, siding. One of the main changes with siding has to do with the material itself. Hardy siding, which is a cement product versus vinyl shake, she's asked for a vinyl product instead. That does require modification per our code. These are multi family, considered multi family. So section twelve thirty seven does not allow vinyl. She's made that request, and Planning Commission did recommend approval of that.

So I'd like to make a motion to approve the Viola Park revised design guidelines with modification and condition listed in the report of the 12/01/2025 planning commission.

Second. It's been a motion and a second discussion. I I have questions. So what's the rationale behind changing the siding? Cost. Was cost ish.

Yeah. Yeah. It was only cost.

What type of precedent are we setting go on a going forward basis if we approve the modification to go to a vinyl versus Hardie plank? Might the next applicant come to us with the same request? Yes.

K.

So in light of that, Jim, then are we updating the pallet wheel for colors and everything else? Each time we make an allowance, do we

Well, this is so having design guidelines, really, this is only going to be for this particular development. But as far as that's concerned, so no, only in this case. I don't think we would

The modification is a one time for this application. It's for this get the president for conversation later on.

Yeah. But from a precedent standpoint, I guess it could be. Certainly if you allow a vinyl product here where it's not allowed, then the next person may make the same, you know, have the same concerns regarding cost for their

So then it's subjective to the use, to the application?

Sure.

Mister President, do you

Yes, mister

I'll add a few since I voted no on this. And I will say that, and I'll speak for the Planning Commission itself because there was a lot of debate about this because to start with from personally, I and several others, Bonnie Smith and Mr. Bedell spent a couple of years going through our code and trying to come up with some, you know, improvements and also being a little more definitive about things. And one of them was siding and particularly with the multifamily because we have, as we know, we've seen a over the last few years, a number of large townhome projects and that that have been built all with vinyl siding. And some look fine, some I have to say probably have more or just big walls of vinyl siding.

So in this case, we the idea was by having cardi plank it would be a little more, you know, a little better look in my opinion. So, but what the Planning Commission said was and I will agree with them on this part is that, you know, the shake that they proposed is a little different than a standard vinyl siding. And frankly, you could rationalize it. A lot much of Westlake, of the residential homes that have been built, have vinyl siding on them. So it's not totally out of character in that respect.

And so the Planning Commission felt that the shake siding was a good look and fit with the style of architecture. So that was why they voted for it. And my no vote was just, I hate to undo three years worth of work, but.

Any other any other discussion? I'm challenged. I will just say this. If if we wanna change the code here to allow vinyl siding, then we change the code. To to allow this, right now, we are effectively changing the code. And and I'm not I'm not in support of that at this time. I I'm in support of the project, not deciding, material. So just to go on the record with that. Any other questions? Comments? Clerk or caller on the motion to approve?

O'Donnell? No. Havalca? Yes. Betsy? Yes. Greenspan? No. Van Dyke? No. Nenari? Yes. Sullivan?

No. The motion fails. Mister Van Dyke, next item.

Okay. The next item is, ordinance twenty twenty five dash one twenty four. And this is a code amendments permitted use for office laboratory districts. And, it's on second reading and we're requesting a public hearing for 12/18. And we will schedule public hearing for December 18. And the last item is the next regular scheduled meeting is for Monday, 01/05/2026 at a new time, 6PM. We've, we're trying a little earlier so that, we can get out of here before the sun comes up in the morning.

Would your council consider the same change, mister Van Dyke? I don't think he would be the problem in council. Maybe he could talk to the president.

Okay. That's all, mister president.

Thank you. We'll defer any discussion till a later time. Legislation legislation under fourth reading, ordinance two thousand twenty five sixty six.

An ordinance amending subsection twelve thirty three zero three d of the zoning code of the city of Westlake.

I'll entertain a motion to adopt.

So

moved. The motion is there a second? Second. Motion is made and seconded. Discussion on the motion? Hearing none, Clerk Call the roll on the motion to adopt.

Pavelka? Yes. Katze? Yes. Greenspan? Yes. Van Dyke? Yes. Nenari? Yes. Sullivan? Yes. O'Donnell?

Yes. Motion carries. That ordinance is adopted. We've set an ordinance for third reading, ordinance two thousand twenty five one twenty.

An ordinance authorizing the mayor to enter into a collective bargaining agreement with the Fraternal Order of Police Ohio Labor Council Incorporated and declaring an emergency.

I'll entertain a motion to adopt. So moved. There's been a motion. Is there a second? Second. Motion's made. And second, discussion on the motion?

This allows me to go forward with signing an agreement with the lieutenants, sergeants, and captains within the police

department. Any further discussion? Hearing none. Clerk Calderon, motion to adopt.

Getsy? Yes. Greenspan? Yes. Van Dyke? Yes. Menari? Yes. Sullivan? Yes. O'Donnell? Yes. Pavelka? Yes.

Motion carries. The ordinance is adopted. We have several ordinances under second reading. Ordinance two thousand twenty five one seventeen

an ordinance considering a conditional use permit for a biohacking use in an exclusive industrial District

well we have set a public hearing for December 18 for this item and will be on that agenda for third reading. Ordinance two thousand twenty five one twenty two.

An ordinance approving the preliminary plan of the Greens Major subdivision in the city of Westlake.

This item will be on the December 18 agenda. Ordinance two thousand twenty five one twenty four.

An ordinance supplementing subsection twelve eighteen o three h of the zoning code as to permitted uses in office laboratory districts.

We will go ahead and set a public hearing for December 18, and this item will be on the December 18 agenda under third reading. Ordinance two thousand twenty five one twenty seven.

An ordinance authorizing the mayor to enter into a collective bargaining agreement with Laborers International Union of North America Local eight sixty service department and declaring an emergency.

So it will be on the December 18 agenda under third reading. Legislation for first reading adoption and adoption under suspension of the rules. Mister O'Donnell?

Thank you, mister president. I'd like to make a motion to suspend article three section 10 of the charter. The rule requiring three separate readings for the legislation twenty twenty five one twenty eight.

There's been a motion to suspend. Is there a second? Second. Motion's made and seconded. Discussion on the motion to suspend. Hearing none, clerk will call the roll. The motion is to suspend.

Greenspan?

Yes.

Van Dyke? Yes. Nenari? Yes. Sullivan?

Yes.

O'Donnell? Yes. Pavelka? Yes. Getsay?

Yes. The motion carries. Ordinance two thousand twenty five one twenty eight.

An ordinance authorizing the mayor to enter into a professional services contract with local government services section of the auditor of state office for accounting services and declaring an emergency.

I'll entertain a motion to adopt.

So

moved. And the motion is there Second. Motions are made and seconded. Any discussion? Mayor?

This allows, me to enter into a contract with a separate division of the auditor state for conversion purposes of our financial statements. Any further discussion?

Hearing none, clerk will hold the roll on

the motion to Van Dyke? Yes. Menari? Yes. Sullivan? Yes. O'Donnell? Yes. Pavelka? Yes. Getsay?

Yes. Greenspan?

Yes. That motion carries. That ordinance is adopted. That concludes our agenda. Is there anything under miscellaneous? I just wish to remind everybody at our next meeting on the eighteenth will be the final meeting of council for council members Sullivan and O'Donnell. We'll have special presentation for both of them. And members of public wish to attend, I'd like to invite them. Any other business before counsel? Hearing none, is eight fifty seven. I'll entertain a motion to adjourn.

So moved.

Second. And seconded. All in favor signify by saying aye. Aye. All opposed? We are adjourned. Mayor, what did you end

up