REGULAR MEETINGS OF CITY COUNCIL 1ST & 3RD MONDAYS AT 7:30 P.M.
HELD IN COUNCIL CHAMBERS
MUNICIPAL BUILDING, 12650 DETROIT AVENUE

Click here for entire docket agenda.

DOCKET
OF A MEETING OF
THE LAKEWOOD CITY COUNCIL
TO BE HELD IN THE COUNCIL CHAMBERS
LAKEWOOD CITY HALL – 12650 DETROIT AVENUE
DECEMBER 4,  2017
7:30 P.M.

The Regular Meetings of Lakewood City Council shall be held on the first and third Mondays of each month at 7:30 P.M., except that when such meeting date falls on a holiday such meeting shall instead be held on the following day.  A Docket and Agenda of the business proposed to be transacted by Council will be available in the Clerk’s Office and on the City’s website www.onelakewood.com as soon after 4 PM on the Friday before a Council meeting as possible.

Section 121.08 of the Codified Ordinances of the City of Lakewood establishes rules for the public to follow when speaking before Council:

ADDRESSING COUNCIL – The President may recognize any non-member for addressing Council on any question then pending.  In such cases, the person recognized shall address the chair, state his or her name and address and the subject matter he or she desires to discuss.  Speakers must be courteous in their language and avoid personalities.  When addressed by the Chair, the speaker must yield the floor and comply with all rulings of the chair, said rulings not being open to debate.  Except with permission of Council specifically given, speakers shall be limited to five minutes.  No person who has had the floor shall again be recognized until all others desiring an opportunity to speak have been given an opportunity to do so.

AGENDA ITEMS PROTOCOL:

The Clerk at the beginning of the meeting will present the AGENDA ITEMS sign-in sheet to the President of Council.  Speakers will be called to address Council by the Chair.  A citizen must first write his or her name, address and agenda item number on the designated sign-in sheet in order to be recognized.

PUBLIC COMMENT PROTOCOL:

The Clerk at the end of the meeting will present the PUBLIC COMMENT sign-in sheet to the President of Council.  Public Comment will be welcomed at the end of a Council Meeting on miscellaneous issues or issues other than agenda items.  A citizen must first write his or her name, address and topic on the designated sign-in sheet in order to be recognized.  The forum is not designed to be a question and answer session.

1. Pledge of Allegiance
2. Moment of Silence
3. Roll Call

Reading and disposal of the minutes of the Regular Meeting of Council held November 20,  2017.

Reports, legislation and communications from Members of Council, the Mayor and other City Officials.

 ****OLD BUSINESS****

1. Committee of the Whole Report regarding Committee of the Whole Meetings of November 27, 2017 and December 4, 2017. (To Be Provided) 

2. RESOLUTION NO. 8955-17 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, appointing David Maniet to the vacancy on the Board of Building Standards and Building Appeals and Architectural Board of Review for the balance of the term beginning January 1, 2015 and ending December 31, 2019.  (PLEASE SUBSTITUTE FOR RESOLUTION 8955-17 REFERRED TO COMMITTEE OF THE WHOLE 10/2/17) (Pg. 9)

3. RESOLUTION NO. 8965-17 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, appointing  Robert Donaldson to the Board of Building Standards and Building Appeals and Architectural Board of Review for a five year term beginning January 1, 2018 and ending December 31, 2022.  (Pg. 10)

4. RESOLUTION NO. 8966-17 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, appointing Jason Schachner to the Lakewood Heritage Advisory Board for the balance of a four-year term beginning January 1, 2015 and ending December 31, 2018.  (Pg. 11)

5. Finance Committee Report regarding December 4, 2017 Finance Committee. (To Be Provided)

6. ORDINANCE 40-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, to establish appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2017. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 12)

7. ORDINANCE 41-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, law authorizing the transfer and advance of certain funds (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 25)

8. ORDINANCE NO: 43-16C – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, amending Ordinance 43-16B, adopted October 16, 2017, authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to enter into contracts for professional services, and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies, services and equipment as authorized by the 2017 Appropriation Ordinance and the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 27)

9. ORDINANCE NO. 42-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, to establish appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2018. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 33)

10. ORDINANCE NO. 43-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council otherwise, it shall take effect and be in force after the earliest period allowed by law, authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to enter into contracts for professional services, and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies, services and equipment as authorized by the 2018 Appropriation Ordinance and the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 46)

11. ORDINANCE NO. 44-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to enter into service contracts in accordance with the Administrative Code of the City of Lakewood for the Department of Planning & Development in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 50)

13. ORDINANCE NO. 45-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, and authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to enter into contracts for Memberships as authorized by the 2018 Appropriation Ordinance and the Administrative Code of the City of Lakewood, contracts not to exceed $70,000 without separate Ordinance of Council. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 53)
15. ORDINANCE NO. 46-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, amending section 902.04, Rates and Charges, of the Codified Ordinances of the City of Lakewood for the purpose of adjusting sewer rates charged against each lot, parcel of land or premises which may have an active sewer connection with the Municipal wastewater disposal system or which may otherwise discharge wastewater either directly or indirectly into such system or any part thereof. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 57)

14. ORDINANCE NO. 47-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, to amend section 915.01, Establishment of Rates, of the Codified Ordinances of the City of Lakewood for the purpose of adjusting water rates charged against each lot, parcel of land or premises which may have an active water connection with the Municipal water system. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 59)

15. ORDINANCE NO. 48-17– AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to advertise for bid and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood for Street Infrastructure Improvements in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 61) 

16. ORDINANCE NO. 49-17- AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to advertise for bid and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood for the Wastewater System and Treatment Improvement Program in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 63)

17. ORDINANCE NO. 50-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to advertise for bid and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood for the Water System Replacement Program in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 65)

18. ORDINANCE NO. 51-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to advertise for bid and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood for Community Development Block Grant CDBG Fund Infrastructure Improvements in accordance with the administrative code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 67)

19. ORDINANCE NO. 52-17– AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to advertise for bid and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood for the purchase of Vehicles, Machinery and Equipment in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 69)

20. ORDINANCE NO. (52-17)57-17 (Changed to 57-17 due to duplication) – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to advertise for bid and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood for Buildings & Facilities Improvements in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 71)

21. ORDINANCE NO. 53-17- AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to advertise for bid and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood for Traffic Signs & Signals in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 73)

23. ORDINANCE NO. 54-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to advertise for bid and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood for Parks & Pools Improvements in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 75)
24. ORDINANCE NO. 55-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to advertise for bid and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood for the Sidewalk Improvement Program in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg. 77)

24. ORDINANCE NO. 56-17 – AN ORDINANCE to take effect on January 1, 2018, provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, to provide for creating positions and rates of pay for full-time and certain part-time annual salaried employees and hourly rate employees not covered by a collective bargaining agreement in the several departments, divisions and offices of the City of Lakewood, including the Chief of Fire, Chief of Police and Civil Service Commissioners. (REFERRED TO THE FINANCE COMMITTEE 11/20/17) (Pg.  79)

25. ORDINANCE NO. 38-17 – AN ORDINANCE to take effect at the earliest period allowed by law enacting Chapter 123, Departments and Directors Established, of the Codified Ordinances of the City of Lakewood in order to codify the administrative departments and their directors’ responsibilities within the City. (REFERRED TO THE RULES & ORDINANCES COMMITTEE 11/20/17) (Pg. 85)

26. ORDINANCE NO. 39-17 – AN ORDINANCE to take effect at the earliest period allowed by law amending various sections within the Codified Ordinances of the City of Lakewood in order to update the code to reflect the adoption of the Third Amended Charter. (REFERRED TO THE RULES & ORDINANCES COMMITTEE 11/20/17) (Pg. 91)

****NEW BUSINESS**** 

27. Communication from Mayor Summers, Council President O’Leary and Planning Director Sylvester regarding Entering into exclusive negotiations with Carnegie Development Corporation. (Pg. 113)

28. RESOLUTION NO. 8967-17 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor to negotiate a non-binding term sheet with Carnegie Development Corporation as the basis for a development agreement for the city-owned former Lakewood Hospital site.  (Pg. 114)

29. Communication from Planning and Development Director Sylvester regarding Fiscal Year 2018 U.S. Department of Housing & Urban Development One Year Action Plan Resolution. (Pg. 117) 

30. RESOLUTION NO. 8968-17 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Mayor to submit the Fiscal Year (FY) 2018 One-Year Action Plan of the FY 2015 – 2019 Five Year Consolidated Plan which includes dollar allocations and activities to be funded with federal Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnership Program (HOME) resources and incorporates the City’s application to the U.S. Department of Housing and Urban Development (HUD) for FY 2018 CDBG, ESG, and HOME funds and all amendments thereto and all understandings and assurances contained therein. (Pg. 118)

31. Communication from Police Chief Malley regarding Keep Our Parks Safe, (KOPS) Grant. (Pg. 121)

32. RESOLUTION NO. 8969-17 – A RESOLUTION to take effect immediately provided it received the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Mayor (Director of Public Safety), to enter into an agreement to accept a grant from the Ohio Department of Public Safety, Office of Criminal Justice Services, Ohio Community-Police Relations Grant Program for Lakewood’s Keep Our Parks Safe (KOPS) in the amount of $29,976.30 and requiring a match by the City of Lakewood in the amount of $9,992.10. (Pg. 122)

33. Communication from Law Director Butler regarding Resolution extending and amending agreement with Cleveland Clinic for policing authority on and around hospital and FHC site. (Pg. 124)
34. RESOLUTION NO. 8970-17 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Mayor to enter into an amended agreement with the Cleveland Clinic Foundation (CCF) which will allow police officers employed by the Cleveland Clinic Police Department to exercise limited police powers within the City of Lakewood on and around hospital property owned or operated by CCF. (Pg. 125)

35. Communication from Law Director Butler regarding Ordinance adding formerly chartered ethics provisions to the Code following passage of Third Amended Charter. (Pg. 139)

36. ORDINANCE NO. 58-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law enacting Section 149.24, Activity of Officials and Employees Restricted, of the Codified Ordinances of the City of Lakewood in order to codify certain ethical requirements. (Pg. 140)

37. Liquor Permit application for C1, C2 and D8 stock type to Jim Beverage Inc d/b/a CAP & CORDS, 16708 Detroit Avenue, Lakewood, Ohio. (Pg. 143)

38. Liquor Permit Application for C1, C2, D6 and D8 transfers to LAKECON Inc, d.b.a Constantinos Market 18120 Sloane Avenue, Lakewood, Ohio from Cornucopia Inc, 18120 Sloane Avenue, Lakewood, Ohio   (Pg. 144)