Planning Commission - Regular Meeting

And are we ready, Denise? Can we go right in?

OK.

It is 8.03. I will call the Westlake City Council meeting for July 16, 2026 to order. Clerk will please call the roll.

Mayor Clough?

Here.

President of Council Greenspan? Here. Council Members Van Dyke?

Here.

Nannari? Here. Del Regno? Levesque?

Here.

Havelka? Here. Gatsy?

Here. We have a quorum. Councilmember Del Regno has asked for his absence to be excused. So I'll entertain a motion to excuse Councilmember Del Regno. So moved. Second. And motion's made and seconded. Discussion on the motion? Hearing none, clerk will call the roll on the motion to excuse Councilmember Del Regno.

Greenspan? Yes. Van Dyke? Yes. Yes. Yes. Yes. Yes. Yes.

Yes. His absence is excused. Mayor, will you please lead us in the pledge? And Bruce and Chris, please rise. Thank you, Mayor. Before members of council is the July 2, 2026 regular session meeting minutes, I'll entertain a motion to approve the minutes.

So moved.

Is there a motion or a second? Second. Motion is made and seconded. Discussion on the motion to approve? Hearing none, clerk will call roll the motion.

Greenspan? Yes. Van Dyke? Yes. Minari? Yes. Levesque? Yes. Pavelka? Yes. Gadsay? Yes.

The motion carries. Selected correspondence.

Communication from Mayor Clough dated July 13th requesting authorization to purchase one 2026 echo stack conveyor with selected options through the source well cooperative purchasing program from echo verse in an amount not to exceed one hundred and eleven thousand five hundred dollars.

That item is in reference to ordinance 2026-91 on the agenda. We'll defer discussion to the appropriate time.

Communication from Mayor Clough dated July 1st requesting authorization to enter into an agreement with Pavement Technology for the 2026 Reclamite General Road Maintenance Program in an amount not to exceed $62,581.55. That item is in reference to ordinance 2026-93. We'll defer discussion to the appropriate time on the agenda. Communication from mayor Clough dated July 10th requesting authorization to purchase sodium chloride through the Ohio Department of Transportation 26 27 sodium chloride bid to be purchased from Cargill incorporated at the amount bid amount of 7607 per ton that is referenced ordinance 2026 92 will defer discussion to the appropriate time in the agenda Communication from Mayor Clough, dated July 10th, requesting authorization to enter into an agreement with the Federal Highway Administration to accept and administer the city's Safe Streets and Roads for All grant award.

That item is in reference to ordinance 202694. We'll defer discussion at the appropriate time on the agenda.

Communication from Mayor Clough, dated July 10th, requesting authorization to go out to bid for the Recreation Center exterior lighting upgrade.

I'll entertain a motion to authorize.

So moved.

And a motion, is there a second? Second. Motion is made and seconded. Discussion?

Again, this is upgrading the lighting on the outside of the recreation center as well as considering additional landscaping and eliminating some of the concrete in the front with a better design.

Any further discussion? Hearing none, clerk will call the roll on the motion to authorize.

Greenspan? Yes. Van Dyke? Yes. Minari? Yes. LeBeck?

Yes.

Havalka? Yes. Gatsey?

Yes. The motion carries.

Communication from Mayor Clough dated July 10 requesting authorization to sell the listed items through the GovDeals auction site for the reserve amount listed or higher.

I'll entertain a motion to authorize. So moved. Is there a second? Second. Somebody got left out on that one. All right. Any discussion, Mayor?

Yes, the correspondence indicates those items that we would like to sell. Of course, the largest items tend to be the 2008 KME Predator engine and the 2006 International Horton Medic unit.

Any further discussion? Hearing none, clerk will call the roll on the motion to authorize.

Van Dyke? Yes. Minari? Yes. LeBeck? Yes. Havalka? Yes. Gatsay? Yes. Greenspan?

Yes. That motion carries.

Notice from Ohio Division of Liquor Control received July 16th for transfer of D1, D3, D2 permits from GR Funding at 239 Market Street to Next Restaurants doing business as Uncle Julio's at 139 Crocker Park Boulevard, Westlake, Ohio.

I'll entertain a motion not to object. So moved. Second. Seconded. Discussion? Chief, any objection? No objection, sir. Any further discussion? Hearing none, clerk will call the roll on the motion not to object.

Lenari? Yes. Hovec? Yes. Havelka? Yes. Getsay? Yes. Greenspan? Yes. Van Dyke?

Yes. The motion carries. Petitions from the public. I have no one has signed in. Anything? No.

uh report of the mayor mayor just a couple of items uh one is we did celebrate the five-year anniversary at the westlake community services center i think it was re well i know it was really well attended and people were all in a good mood happy to see the um Center celebrate the five years of continuing to improve the Services that we offer for all those that participate And I'd like to comment that the staff Lydia and her staff did a fantastic job Welcoming people and having had a lot of volunteers to assist in that celebration as well as a number of sponsors Do you want to? Add anything, Lydia?

I will add one thing. The price of admission for our guests was to donate one family-sized condiment for our food pantry, and we did collect 221 bottles of ketchup, mustard, and mayo salad dressing, plus $1,275. Oh, wow. That's a success right there.

Great, thank you.

And the other item is council and we will be on recess.

So just so the public's aware, that just means we're not having any meetings. It does mean council members aren't accessible as we are and will be about.

But I do not plan to call a special meeting.

Thank you. Nor do I. Reports of standing committees, planning, zoning, and legislative committee.

THANK YOU, MR. PRESIDENT. PLANNING ZONING LEGISLATIVE COMMITTEE A MEETING MET ON JULY 9, 2026. PRESENT WERE COMMITTEE MEMBERS DUANE VAN DYKE, CHAIR MARK GUETZE AND DAVE DEL REGNO. ALSO PRESENT WERE COUNCIL PRESIDENT DAVE GREENSPAN, COUNCIL MEMBERS LEVICK, NANARI, Uh... Mayor Clough, Law Director Mike Maloney, Planning Director Jim Bedell. The meeting convened at 6.01. First item was to discuss a conditional use permit application from Amar Shah for a proposed Goddard School building at 25075 Detroit Road, Parcel 213-24-034. And there was a discussion about the size of the property and traffic and some of the different concerns that Different council members and about it the result being that Councilmember del Regno moves seconded by councilmember gets a to approve this request with the condition that the adjacent property be acquired and Consolidated into this property and along with that they're going to do a continual study about the actual layout of the property next item is to discuss a conditional use permit from the we rock the spectrum Cleveland array of sunshine pediatric therapy for individual occupational speech therapy services at a facility at 28045 Rainy Parkway, Suite A through E. APPLICANT PRESENTED THEIR PROJECT AND THE RESULT WAS THAT COUNCILMEMBER DEL REGNO MOVED AND SECONDED BY COUNCILMEMBER GUETZE TO APPROVE THIS REQUEST. MOTION CARRIED THREE TO NOTHING. THIRD ITEM WAS TO DISCUSS ORDINANCE NUMBER 202683 AMENDING AND SUPPLEMENTING VARIOUS SECTIONS OF THE PLANNING AND ZONING CODES AS TO THE USE AND BUFFERING IN HEALTH CAMPUSES AND THE RESULT OF THIS WAS THAT THE they're gonna, Mr. Bedell's gonna look at actually splitting this into two separate district zoning code items, and then this, so the result was the ordinance will remain in committee for further review. And the fourth item was to discuss ordinance number 2026-84, supplementing 1203.18, use of the zoning code as to definitions, and this had to do with the definition of a hedge, And the result was Councilmember Del Regno moved and seconded by Councilmember Getsay that ordinance number 2026-84 be approved. Motion carried three to nothing. Right. And?

Motion to receive and file.

Receive and file. Oh, motion to receive and file. Is there a motion to receive and file, or is there a second? Second. Second in discussion. Hearing none, clerk will call the roll on the motion to receive and file.

Levesque?

Yes.

Havelka? Yes. Gatsay? Greenspan?

Yes.

Van Dyke? Yes. Nannari?

Yes. The motion carries. Committee of the Whole, we had two meetings, one on July 9th and this evening's meeting. July 9th, present council members Greenspan, Van Dyke, Nanari, Del Regno, Levesque, and Getze, also present, were Mayor Clough, Law Director Maloney, Planning Director Bedell, Director of Inspections Graham, and Police Chief, I'm sorry, Police Captain Gerald Vogel. Meeting convened at 7.59. There were three items discussed. Number one was short-term rental regulations. THAT ITEM RESULTED IN ORDINANCE 202695 ON THIS EVENING'S AGENDA. ALSO DISCUSSED WAS ORDINANCE 202685, THE AGREEMENT WITH CROCKER PARK LLC AS TO NEIGHBORHOOD OFFICER. THAT ITEM IS BEING HELD IN THE COMMITTEE OF THE WHOLE UNTIL SUCH TIME AS AN AGREEMENT IS is worked out, and then we'll reconvene on that matter. The third item was Ordinance 2026-86, enacting 1211.35, prohibited events in residential districts. That item, as we recall, was discussed on this agenda. It is Ordinance 2086, which we will vote down. It has been replaced with Ordinance 2026-96. That concludes the report and summary. I'll entertain a motion to receive and file. Or I'll make a motion to receive and file. Second. Motion is made and seconded. Discussion? Hearing none, clerk will hold the roll on the motion to receive and file.

Leveque?

Yes.

Havelka? Yes. Getsay? Yes. Greenspan? Yes. Van Dyke? Yes. Naniere?

Yes. Motion carries. This evening we also had a Committee of the Whole at Convenience 730. Present were Council Members Greenspan, Van Dyke, Naniere, Leveque, Havelka, and Getsay. Also present was Mayor Clough, Law Director Maloney, Director Stoom, Smollick, Shaw, Horner, Bedell, Servers, Steibel, Graham, Gad she's below sir Moran and clerk Rosenbaum discussed for agenda items like the correspondence as well as the following Planning director gave an update on projects for the past 18 months our Recreation director gave an update that that our recreation center received and components thereof best of Cleveland first place Aquatic Center award We extended communication review times. We'll be doing those later Compensation study will move forward. Serpentine development plans were discussed and will be discussed further this evening in the planning commission. AI governance initiative, Dover Center and Center Ridge Road overlay district update was discussed. Fire department conciliary report and service workers contract. That meeting convened at 8.03 p.m. I skipped over, and I apologize for that, the reports of administrative officials. Are there any other than what we heard in Committee of the Whole? Okay, hearing none, we'll continue with the rest of the agenda. Reports of other boards and commissions, Planning Commission, Mr. Van Dyke will be filling in for Mr. Del Regno.

Thank you, Mr. President. And the first item is the Freehold Investment Group Site Improvements 26614 Center Ridge Road.

Oh, yeah, so it's a renovation of the vacant office property. It's been vacant, I think, for almost a decade now, and it just refreshes the outside of it. It expands the parking. We lose another pole sign, so we're very happy about that as part of this, and as part of the expansion of the parking lot, it will be all up to ADA and zoning, many zoning requirements, not all, and I'll show you why that's Going to happen, but it also have a trash enclosure And as you can see though, they'll paint the building a lot of that building is concrete masonry units So they're gonna make it look a lot better there are a number of modifications and conditions with this and it just a lot of it has to do with the fact it was built and predates modern zoning so it's too close to the property lines and too close to the roadway and that's why you're seeing a A lot of what's on the screen there as well. And then there's some other things too in terms of their design that once they get out in the field and they get with their engineering, they're going to have to tighten up the design a little bit. So there's some questions still remaining about whether or not a guardrail is going to be needed where the parking lot is extended and such, things like that. So there's some conditions that will reference the city engineering taking a look at this. at the time. But this is just a diagram I did, and it just shows how when you overlay modern zoning requirements, almost very little of the site actually works as it currently is. The building's too close to the street, the parking's too close to the sidewalk. So they're actually correcting this, I think, by making a more attractive building, a more usable building, and actually a more functional parking lot up here by Center Ridge Road that you'll see in a moment. Also, this is this is in the buffer zone over here So there's a condition of approval that they will provide buffering here and then buffering here as well for headlights So that's a condition of approval We don't have this designed yet because they're not exactly sure they're gonna have spoils from this parking and they'll be able to mount this up and we're gonna try to get them to mount this area up as much as they can and to provide a buffering as you can see there's no buffering now and you can see there's there's very little distance actually a pavement goes right up to the sidewalk and it will at least have about a three foot break from the sidewalk when this is all said and done so with that said planning commission recommended approval with the modifications and conditions in the report

So I'd like to make a motion to approve the Freehold Investment Group site improvements with the modification and conditions listed in the report of the July 6, 2026 Planning Commission.

In a motion to approve, is there a second? Second. Motion is made and seconded. Discussion?

Mr. Van Dyke. Mr. Bedell, could you go back to the new site, the proposed site plan? I apologize that I didn't look at this earlier. So what are they doing with that? So there's an existing parking lot on Center Ridge Road. Are they just extending it?

Yeah, so they're extending it down here a little bit, and then they're extending it here. So they're going to put a retaining wall in along the back side, as you can see. So it'll give them a... A whole other row. The geometrics of this will work. It doesn't work the way it currently is. There will at least be a three-foot gap between the parking lot and the sidewalk, which doesn't exist today.

Yeah. Was any consideration given to actually, instead of having it run parallel to Center Ridge to actually make it, you know, square it up with the building a little bit, is there a concern with, and I know it drops off there. It's a grade. Yeah, it's a grade.

It makes the retaining wall that much bigger. Yeah, that was the reason. It's really because of the grade. Yeah.

And then what are they doing between the parking and the sidewalk itself? I know there's a little bit of a... It'll just be landscaping. Okay, so there will be some planting or something there to... Yeah, it won't be pavement. And then with that parking lot adjacent to the residential property to the west, then you're also going to put... Mounding it looks a little shallow for mounting.

Just can you probably not mounding here planting or a fence perhaps or I'm gonna say probably a hedge like green giant Arbs a nice solid green hedge and they were open to whatever we would suggest as well Here is the area where mounding is gonna make more sense, right? So that might be able to fill this up a tiny bit here But this this area right here will need to be mounted as well.

And that's gonna be administratively approved. Yes. Okay, so All right, that's all I had, Mr. President. Any further discussion?

Yeah, I just want to say this is very exciting for the city and for Ward 2. That's been an eyesore for a long time. That's really a nice-looking plan. It's really going to improve. So thank you.

Thank you. Any further discussion? Hearing none, clerk will call the roll on the motion to approve.

Velka yes, I'd say yes Greenspan. Yes and Ike. Yes, Nari. Yes back.

Yes That motion carries.

Okay, and then the next item is a send at Center Ridge subdivision preliminary plan So this you've seen this before it's it's the 11 lot subdivision that is across from the old community services And it was rezone for this purpose Okay, and this is ordinance number 20 26-87, right?

That item's on this evening for first reading.

Okay, and then the next item is the Rowan Gate development on 30395 Center Ridge Road.

Yes, this is a six-cluster home development. As you recall earlier this year, you rezoned this for this purpose of a one-family cluster. It's 4.2 acres, and there was a conceptual development plan at that time that went along with the rezoning, and I'm pleased to say that this mirrors it very closely with just some very minor changes a little adjustments of some property line Some parking in a mailbox that was up at the front. There was going to be an entrance gate Originally that has come that's shelved permanently so some of those things that were going to happen along Center Ridge Road are now in the interior the Ground sign moved from the island at the entrance to a landscape mound. That's something our fire department needed some privacy veggies vegetation to screen a unit from center Ridge Rd so it can't be seen buffering along the shared boundary with the one family residential properties and Stormwater basin that is really a feature and not just a trough full of water. So this is the last step required for building and so after this is approved they can go ahead and move forward with their their permits and So as far as the box score goes, there are some conditions that have been addressed. The design guidelines that are part of this, very well done by the way, they were missing some of the exhibits and they have been presented to us, so no longer needed. Standard condition regarding buffering when we're relying mainly on landscaping that we feel adjusted as needed during construction in case there's any holes. Another thing is we do have the retention basin. It's being placed in the place where it makes most sense in terms of drainage, and that's near Center Ridge Road, but it will require a fence, a four-foot high black ornamental metal fence. So that's a modification and then a condition about the design of it And as I mentioned with the design guidelines, they're all good now. They all work. With that said, Planning Commission did recommend approval with the modifications and conditions in the report.

So I'd like to make a motion to approve the Rowan Gate Development Plan with the modification and conditions listed in the report of the July 6, 2026 Planning Commission.

All right, there's been a motion. Is there a second? Second. Motion is made and seconded the discussion. Hearing none, clerk will call the roll on the motion.

Ketse? Yes. Greenspan? Yes. Van Dyke? Yes. Denary? Yes. Levesque? Yes. Havalka? Yes.

Motion carries. Before we move on, just Mr. Bedell, you brought up a comment, or Mr. Van Dyke, about a gated, you know, possible gated. We're still going to move forward with some type of gated community regulations, correct? Guidance, guidelines, regulations is the wrong word. Okay. Yes. Thank you. Mr. Van Dyke, proceed. I'm sorry.

Next item is the Serpentini Chevrolet Development Plan 25100 Detroit Road.

So this is an accessory structure used for detailing and paintless dent repair, light paint work, constructed on their lot without permits or prior city review or approval. It's a 1,200-square-foot prefabricated structure. It's not attached to the main building, so it functions as a separate repair area for body work. that was confirmed by our building and fire department during their inspections. It was previously an area of about seven parking spaces. There was a small lawn area and tree that was removed. There are no footings or foundations. The building department, fire department, I won't read all this, but here they noted their concerns in terms of the structure as it relates to their various codes. From a zoning perspective, body shops are allowed because this is a new car automobile dealership. So they are allowed as a accessory use to a full service franchise automobile dealer only provided these uses are in the same building as the new car sales room. All body work shall be performed in a soundproof portion of the building. So this is a standalone building. It's separate and that's a, it would be modification. It's also not soundproof. And that's the first item that you see there at the bottom. There's one other thing from a zoning perspective that more than 66% of the building is horizontal metal siding, so that requires a modification for cladding building cladding as well. Planning Commission did not recommend approval.

So I'm and I make I make the motion in the positive here All right, and then we decide what to do from there motion to approve the serpentini Chevrolet development plan with the modification and Condition listed in the report of the July 6 2026 Planning Commission.

It's been emotions or a second Second both since made in second a discussion I'LL GO. IS THERE ANYBODY ELSE WHO WANTS TO GO BEFORE I GO? GO AHEAD. AS I SAID EARLIER, I HAVE ZERO PATIENCE AND TOLERANCE FOR BUILDERS THAT COME INTO OUR COMMUNITY AND PAY LITTLE REGARD TO OUR RULES AND REGULATIONS. I ALSO AM AWARE OF A LITTLE MORE CONVERSATION BETWEEN THE DEALERSHIP AND OUR PLANNING DEPARTMENT AS IT RELATED TO THIS PROJECT GOING BACK TWO YEARS. This is the impetus for the debarment ordinance that Mr. Maloney will be working on in the law department over the summer. I would suggest that we defeat this motion to approve and deny the application for modification. Any further discussion?

I will actually agree with you. I've run across this a couple of times. I think the modifications being requested are excessive and I can't support this either.

I'll just add, you know, this building was built without the building department being able to inspect it. And probably the most, I mean, several concerning issues here. One is that it's not on a regular foundation. And, you know, a foundation for a building isn't just to support the structure, you know, so it doesn't sink. But you also, it's how you anchor the building to the foundation. And so when you get the big wind coming by, it doesn't, Become a problem and there's other concerns with distances. You know how building code has pretty you know Regulations for a reason and the same reason that you know, the fire department comes out and looks at something like this and it it Doesn't meet these requirements. So It's an easy vote actually for me. I

Any further discussion? As was noted earlier, Mr. Nenari will be abstaining from this vote concurred by our law department. If there's no further discussion, clerk will call the roll on the motion to approve.

Greenspan?

No.

Van Dyke?

No.

Nenari?

Abstain.

Levesque?

No.

Havelka? No. Gadsay? No.

The motion...

Fails.

Is denied. Correct? Did I say that correctly?

It fails.

It fails.

Okay, then the next item is the Phillips-Surp Site Improvements Staircase, 28025 Rainy Parkway.

Yes, this is just a prefabricated aluminum access platform and stair system. It's on the west side of the building. It's partially in the setback area, so it did require your approval for the modification. And it's just to provide some... improved, safe way for people to get on the roof if they need to maintain or for inspections as well. So this is how it will look. It's about 23 feet above grade in total. And it's in the industrial zone as well. And there's no alternative alternative feasible location that would be outside of a setback area and it's not a group a huge it's only 6.25 foot setback modification. So there was a condition are our fire department wanted that this illustration shows an area that would be striped so that they would be able to have access if need be with the with their vehicles so that takes care of it that's a condition of approval and the

Developer was or the owner was more than happy to oblige So with that said Planning Commission recommended approval Thank You mr. Riddell the I'd like to make a motion to approve the Phillips syrup site improvement staircase with a modification and condition listed in the report of the July 6th 2026 Planning Commission and emotions are second second which was made in second any discussion

NO DISCUSSION, BUT A POINT OF CLARIFICATION, JIM, I THINK ALL YOUR PRESENTATIONS HAVE THE PLANNING COMMISSION AS 7-7 INSTEAD OF 7-6.

That would have been the... AI? Yeah, that would have been that. Blame it on AI. AI changed it. Yeah, that was for the date. I was looking at the date of the report. The spell checker doesn't find those things. Thank you, Mayor. Yeah, that was the wrong date on that. All right, thank you.

Okay, with no further discussion, clerk will call the roll on motion to approve. Van Dyke?

Yes. Nanari?

Yes. Levesque? Yes.

Pavelka? Yes. Gadsay? Yes. Greenspan?

Yes. The motion carries.

So the next item will be Ordinance 2026-77, which is AC Orthodontics Bay Pediatric Dentistry Sign Plan. And there's a note here that says it's on second reading, and we will need to schedule a public hearing for September 3rd.

Note the date is correct in here.

Right there. Yep, got it. That is correct. So we will go ahead and set the public hearing for September 3rd.

Okay, thank you. And the last item is the next regular meeting of the Planning Commission is scheduled for Monday, August 3rd, 2026. And the new time is 6 p.m. Is that right, Mr. Bedell?

Yes, sir.

Okay.

That's my report.

Thank you. Moving along the agenda under legislation, we have a few items under second reading. Ordinance 2026-77.

An ordinance amending section two, condition six of ordinance 1989-224 entitled an ordinance considering an application for a conditional use permit from Bryce Blackman for professional office use on a historical site located at 27519 Detroit Road within a residential district in the city of Westlake.

That item will be on the September 3rd agenda for third reading, and we will also set a public hearing for September 3rd. Ordinance 202684.

An ordinance supplementing section 120318, use of the zoning code as to definitions.

This item we refer to the Planning Commission. Hold on. All right. Ordinance 202686.

An ordinance enacting new section 121135 prohibited events in residential districts of chapter 1211 residential districts of the zoning code of the city of Westlake.

Okay, so this item, as I talked about earlier, is replacing Ordinance 2026-96. What I'd like to do is defeat this ordinance this evening, which would require us to suspend the rules specifically for this item. So, Mr. Goetze, if you wouldn't mind making a motion to suspend the rules for Ordinance 2026-86.

Yes, I will make a motion to suspend Article 3, Section 10 of the Charter Code, requiring three separate readings.

There's been a motion to suspend the rules for ordinance 2026-86. Is there a second? Second. Motion is made and seconded. Discussion on the motion. Hearing none, clerk will call the roll on the motion to suspend.

Denarii?

No.

Is that correct? No. No. We're suspending the rules.

We're voting to suspend the rules.

Yes. Yes.

Levesque? Yes. Havelka? Yes. Getze? Yes. Greenspan? Yes. Van Dyke?

Yes. Rules are suspended for item ordinance 202686. Now... I'll entertain a motion to adopt Ordinance 2026-86. So moved. It's been a motion. Is there a second? Second. Motion's made and seconded. Discussion? Remember, this is the item we're defeating to move forward to 2086-96. So there's a motion to approve or adopt, I'm sorry, a motion to adopt Ordinance 2026-86. Clerk, call the roll.

Nnari?

No.

Levesque?

No.

Havelka? No. Goetze? No. Greenspan? No. Van Dyke?

No. That motion carries. That ordinance is defeated. Legislation under first reading adoption under suspension of the rules. Mr. Goetze?

Yes, I will make a motion to suspend Article III, Section 10 of the charter, the rule requiring three separate readings for the following ordinances.

There's been a motion.

Ordinances under this section.

Yes, 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, call the roll on the motion to suspend.

Levesque?

Yes.

Havalka? Yes. Aguese? Yes. Greenspan? Yes. Van Dyke? Yes. Nenari?

Yes. The motion carries. The rules are suspended. Ordinance 202689.

An ordinance amending appropriations for the City of Westlake, Ohio and declaring an emergency.

I'll entertain a motion to adopt.

It's all moved.

Is there a motion? Second. Motion is made. Seconded discussion. Mayor?

This amends the appropriations for Peterson Pool for additional expenses, as well as the transfer of monies to Central Dispatch, transfer of monies to the pension fund for the police department and for the fire department. And respectively, there are $350,000 for the Central Dispatch, $500,000 and $500,000 each for the police and fire.

Any further discussion? Hearing none, clerk will call the roll on the motion to adopt.

Leveque?

Yes.

Havelka? Yes. Getze? Yes. Greenspan? Yes. Van Dyke?

Yes.

Nenari?

Yes. The motion carries. That ordinance is adopted. Ordinance 202691.

An ordinance authorizing the mayor to purchase a new model echo stack conveyor with selected options for the service department and declaring an emergency.

I'll entertain a motion to adopt. So moved. Is there a motion? Second. And seconded. Discussion? Mayor?

This allows us to purchase a new conveyor belt for the recycling program with the mulch as well as the salt. Conveyor will be also shared by Bay Village a third.

Okay, any further discussion? Hearing none, clerk will call the roll motion to adopt.

Havelka? Yes. Getsay? Yes. Greenspan? Yes. Van Dyke? Yes. Nenari? Yes.

Levesque? Yes. The motion carries. That ordinance is adopted. Ordinance 202692.

An ordinance authorizing the mayor to participate in the Ohio Department of Transportation's bid for sodium chloride in accordance with section 551301B of the Ohio Revised Code and declaring an emergency.

I'll retain a motion to adopt. So moved. Is there a motion? Is there a second? Second. Motion is made and seconded. Discussion? Mayor?

This is the contract with the state of Ohio for the purchase of salt for the winter. And it is at $76.07 per ton, which is an increase over last year, which was about $69 a ton. Further discussion?

Hearing none, clerk will hold a roll in motion to adopt.

Getze? Yes. Greenspan? Yes. Van Dyke? Yes. Minari? Yes. Levesque?

Yes.

Havalka? Yes.

Motion carries that ordinance is adopted. Ordinance 202693.

An ordinance authorizing the mayor to enter into a contract with pavement technology for asphalt rejuvenation of certain streets within the city of Westlake and declaring an emergency.

I'll entertain a motion to adopt. So moved. Is there a motion or a second? Second. Motion is made and seconded. Discussion, mayor?

This is part of our annual maintenance for streets that need this type of work. The total cost is expected to be $62,581.55. Any further discussion?

Hearing none, clerk will call the roll on the motion to adopt.

Greenspan? Yes. Van Dyke? Yes. Nannari?

Yes. LeBeck? Yes.

Havelka? Yes. Skadsey? Yes.

The motion carries. That ordinance is adopted. Ordinance 202694.

An ordinance authorizing the mayor to enter into a grant agreement accepting a grant from the Federal Highway Administration through the Safe Streets and Roads for All program for preparation of a citywide comprehensive study action plan and declaring an emergency.

I'll entertain a motion to adopt. So moved. Is there a motion or a second? Second. Seconded. Discussion, Mayor?

Yes, our engineer defined the project scope, we hope, and it's an 80-20 split, so we're interested in entering into agreement.

Any further discussions? Hearing none, clerk will call the roll on the motion to adopt.

Van Dyke? Yes. Nannari?

Yes. Levesque? Yes.

Havelka? Yes. Gadsay? Yes. Greenspan?

Yes. That motion carries. That ordinance is adopted. Ordinance 202696.

An ordinance enacting new section 509.091 prohibited events in residential districts of chapter 509, disorderly conduct and peace of disturbance of the general offenses code of the city of Westlake and declaring an emergency.

UNDERTAIN A MOTION TO ADOPT. SO MOVED. SECOND. SECONDED. SECONDED. I WOULD LIKE TO MAKE AN I WOULD LIKE TO MAKE AN I WOULD LIKE TO MAKE AN AMENDMENT TO THE ORDINANCE IN LINE AMENDMENT TO THE ORDINANCE IN LINE AMENDMENT TO THE ORDINANCE IN LINE 15 WHERE IT SAYS COUNCILMAN 15 WHERE IT SAYS COUNCILMAN 15 WHERE IT SAYS COUNCILMAN DUANE VAN DYKE HAS RECOMMENDED DUANE VAN DYKE HAS RECOMMENDED DUANE VAN DYKE HAS RECOMMENDED COUNCIL SUPPLEMENT.

COUNCIL SUPPLEMENT. COUNCIL SUPPLEMENT. I WOULD LIKE TO ASK MEMBERS I WOULD LIKE TO ASK MEMBERS I WOULD LIKE TO ASK Council, you know, say Council and take out person Dwayne Van Dyke. So it says whereas Council is recommended and I know Mr. Del Regno is not here to vote on it, but I what I would. SAY IS IF HE CAME BACK AND SAID, WELL, I DON'T WANT TO BE, THEN WE COULD PUT INDIVIDUAL NAMES ON.

WE WOULD THEN HAVE TO HAVE A MOTION TO RECONSIDER AND BRING IT BACK FOR ADOPTION. I'M NOT DENYING THE FACT THAT MR. DEL RUGNO MAY WANT TO BE PART OF THIS. JUST HAVING NOT HEARD HIS DESIRE, I FEEL RELUCTANT TO DOING SO BECAUSE THEN WE WOULD HAVE TO BRING IT BACK FOR RECONSIDERATION AND THEN AMEND. SURE. OKAY.

AND MR. PRESIDENT, IF I MIGHT, I HAVE DISCUSSED BOTH THE NOW DEFEATED VERSION AND THE ORDINANCE PENDING WITH MR. DEL RUGNO FOR WHAT IT'S WORTH. HE SEEMED VERY SUPPORTIVE OF THIS CHANGE AND HE WAS PRESIDENT COMMITTEE, UNLESS MY MEMORY FAILS ME,

we discussed it last thursday am i right about that yes yes he was i know that's a whole week ago but um he was there he seemed very supportive of this and i do recall that and if if council is amenable to that we can amend to say council and remove person member dwayne van dyke and if mr del regno wishes to have his name removed we'll bring it back for reconsideration at our next meeting

That would be, I would support that.

OK. So then I will make a motion to amend to remove person, sounds awkward, to remove person Dwayne Van Dyke from the ordinance and it shall read, whereas council has recommended. Let me amend this. So we'll take out council person Dwayne Van Dyke I'm trying to think how we have to read this. It has to be council.

Mr. President, we see it. Whereas council has recommended to supplement chapter, so take out the other second council and just say to supplement chapter 509.

Okay. So I'll clarify the motion to amend. Whereas line 15 shall read, whereas council has recommended to supplement chapter Is there a second to that motion? Second. Second. Okay, there's been a motion and a second to amend. Any further discussion on the motion to amend? Hearing none, clerk will call the roll on the motion to amend.

Nanari?

Yes. Levesque? Yes.

LaBelka? Yes. Gatsay? Yes. Greenspan? Yes. Van Dyke?

Yes. Okay, the ordinance has been amended. Called the original question as amended ordinance 2026 96 has received Its motion and second any further discussion on the motion motion to adopt

May I comment, Mr. President, just as a reminder. So the chief is here for the first time. Captain Vogel attended the committee meetings. He was made aware of suggestions, including some thoughts from the chief building inspector, Mr. Graham, that this be moved from the zoning section chief. We're not adding loads of work for you and I, but it made MUCH MORE PROCEDURAL SENSE, MUCH MORE ENFORCEMENT SENSE, AND I PROBABLY, CAPTAIN VOGEL WAS HERE AND AWARE OF IT, AND I'M AMBUSHING YOU A BIT TONIGHT, BUT APOLOGIES FOR THAT. THIS IS STRAIGHTFORWARD AND I THINK VERY, VERY WORTHWHILE. SO IN ANY EVENT, I JUST WANT TO GET THE CHIEF UP TO SPEED. SORRY ABOUT THAT.

YES, SIR. THANK YOU.

NO RAGERS AT YOUR HOUSE, CHIEF. Any further discussion?

We do have one question for the law director. In terms of the penalty for this, is that a whole separate section that has? It is.

We will move provisions around and add or subtract accordingly. Right now, I forget what classifications. This has landed offhand. But we wanted it above minor misdemeanor, at least our discussions. and I forget misdemeanor for repeat offenses and in the future if you want a man to increase penalties after the first offense we can do that of course okay so at the moment this is just this falls under already written levels of So it's in 509091, which is a disturbing the P section of our code. And although there's some necessary exemptions in the general penalties for the section, this puts it at, I forget, misdemeanor three or four, I'll double check that.

Okay, so I see, okay, thank you. Yep.

Further discussion? Hearing none, clerk will call the roll on the motion to adopt.

Nanari?

I didn't hear what you said. Motion to adopt. Huh? She called your name. Oh, she did. Okay. Yes. I couldn't hear.

Levesque?

Yes.

Havelka? Yes. Ketse? Yes. Greenspan? Yes. Van Dyke?

Yes. The motion carries. That ordinance is adopted. All right. We have a few items under the heading of first reading. Ordinance 202687.

An ordinance approving the preliminary plan of Ascendant Center Ridge, a major subdivision in the city of Westlake.

That item is on for first reading this evening. Ordinance 202688.

An ordinance considering a conditional use permit for a professional service and recreational use.

That item is being referred to the Planning Commission. Ordinance 202690.

An ordinance considering a conditional use permit for a preschool.

That item is also being referred to the Planning Commission. Ordinance 202695.

an ordinance amending subsection 121104d of section 121104 accessory uses of chapter 1211 residential districts of the zoning code as to residential rentals

OK, that item is being referred to PZL. That concludes our agenda. However, under miscellaneous business, we have two items in committee. And we need to extend their time in committee, because without it, they become effective while we're on recess. So I would like to make a motion to extend Ordinance 2026-85 in Committee of the Whole until October 25th. Is there a second?

Second.

Motion made and seconded. Any discussion? Hearing none, clerk will call roll on the motion.

Levesque?

Yes.

Pavelka? Yes. Gadsay? Yes. Greenspan? Yes. Van Dyke?

Yes.

Lunari?

Yes. That motion carries. Next is a similar motion. Application Ordinance 202683. We'll make a motion to extend its time in committee until October 25th, 2026. Is there a second? Second. Second. Motion's made and seconded. Any discussion on the motion? Hearing none, clerk will call roll on the motion.

Levesque?

Yes.

Valko? Yes. Katze? Yes. Greenspan? Yes. Van Dyke? Yes. Nenari?

Yes. That motion carries. Is there any other business before council?

Mr. President, I have a quick question, if I may.

Yes.

On the GovDeals auction asset ID number COM26-01, I'd like to ask Mr. Server, where did we find a Jordan sleep recliner? Was it in the finance department by any chance?

Mr. Maloney would like one in the law department.

He would like it back.

Thank you, Mr. President. Next week is paycheck week. Let's remember that.

I THOUGHT MAYBE IT WAS EVIDENCE. I THOUGHT IT WAS EVIDENCE. MAYOR?

JUST A COMMENT. FIRST OF ALL, I'D LIKE TO THANK THE PUBLIC FOR MAKING OUR JULY 4th VERY SPECIAL HERE FOR THE 250th. THEY CAME OUT AND SUPPORTED THE PARADE AS WELL AS THE FIREWORKS DISPLAY. And I'd like to thank all of my staff that had a hand in making sure that everything went well. And it was an enjoyable day. And I've already heard many positive comments about the events. So thanks to everyone and, of course, the public for participating and making it special. Thank you.

Great job. Great job. I've never seen a grand finale from beginning to end. It was remarkable. I don't know how they did it. I don't even want to know how they did it.

Great. Any further comments? So we are adjourned until September 3. But like my statement earlier, it doesn't mean we stop working. It just means we don't meet during the month of August. So thank you all. And it is 8.49. I will go ahead and make a motion to adjourn. Is there a second? Second. So the motion is second. All in favor signify by saying aye. Aye. All opposed? We are adjourned at 8.50.

Still not been adopted.