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

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DOCKET
OF A MEETING OF
THE LAKEWOOD CITY COUNCIL
TO BE HELD IN THE COUNCIL CHAMBERS
LAKEWOOD CITY HALL – 12650 DETROIT AVENUE
FEBRUARY 5, 2018
7:30 P.M.

*Re- issued February 3, 2018 ( Items 23 & 24 were omitted on February 2, 2018 agenda
publication)

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 & disposal of the minutes of the Regular Meeting of Council held January 16,  2018.

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

****OLD BUSINESS****

1. Committee of the Whole Reports regarding Committee Meetings of 1/22/18 (submitted – Pg. 8)  and 2/5/18  (To be Provided) 

2. ORDINANCE NO. 34-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect at the earliest period allowed by law, amending Section 1103.02(zz), Definitions (Outdoor/Seasonal Dining Facility), of the Codified Ordinances of the City of Lakewood in order to further clarify an outdoor dining space. (1st READING & referred to the COMMITTEE OF THE WHOLE & PLANNING COMMISSION 9/18/17, 2ND READING 10/2/17,  REPORTED OUT FROM PLANNING COMMISSION AND DEFERRED 11/20/17) (Pg. 9)

3. ORDINANCE NO. 36-17 – AN ORDINANCE to take effect at the earliest period allowed by law, amending various sections and enacting new chapters of the Zoning Code of the Codified Ordinances of the City of Lakewood in order to further clarify and regulate parking plan review in the City. (1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/16/17, 2^ND READING 11/6/17) (Pg. 11)

4. RESOLUTION NO. 8976-18- – 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 Ray Cushing to the Audit Committee to a two year term beginning January 1, 2018 and ending December 31, 2019. (PLEASE SUBSTITUTE for RESOLUTION 8976-18 REFERRED TO THE COMMITTEE OF THE WHOLE 1/16/18) (Pg. 16)

5. RESOLUTION 8977-18 – 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 Michelle McCue to the Audit Committee to a two year term beginning January 1, 2018 and ending December 31, 2019. (PLEASE SUBSTITUTE for RESOLUTION 8977-18 REFERRED TO THE COMMITTEE OF THE WHOLE 1/16/18) (Pg. 17)

6. RESOLUTION NO. 8979-18 – 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 Chris Bindell to the Board of Zoning Appeals for the five year term beginning January 1, 2018 and ending December 31, 2022. (PLEASE SUBSTITUTE for RESOLUTION 8979-18 REFERRED TO THE COMMITTEE OF THE WHOLE 1/16/18) (Pg. 18)

7. RESOLUTION NO. 8978-18 -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 __________________ to the Board of Nuisance Abatement Appeals for the three year term beginning January 1, 2018 and ending December 31, 2020. (REFERRED TO THE COMMITTEE OF THE WHOLE 1/16/18) (19)

8. RESOLUTION NO. 8980-18 – 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 _____ (first appointee) ___________ to the Community Reinvestment Area Housing Council for the three year term beginning January 1, 2018 and ending December 31, 2020. (REFERRED TO THE COMMITTEE OF THE WHOLE 1/16/18) (Pg. 20) 

9. RESOLUTION NO. 8981-18 – 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 _____ (second appointee) ___________ to the Community Reinvestment Area Housing Council for the three year term beginning January 1, 2018 and ending December 31, 2020. (REFERRED TO THE COMMITTEE OF THE WHOLE 1/16/18) (Pg. 21)

10. RESOLUTION 8982-18 – 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 Councilmember __________________ to serve as ex-officio member of the Foundation Planning Task Force. (REFERRED TO THE COMMITTEE OF THE WHOLE 1/16/18) (Pg. 22)

11. RESOLUTION NO. 8983-18 – 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 __________________ as the ex-officio, non-voting councilmember to the Lakewood Animal Safety and Welfare Advisory Board, for the two year term beginning January 1, 2018 and ending December 31, 2019. (REFERRED TO THE COMMITTEE OF THE WHOLE 1/16/18) (Pg. 23)

12. Public Works Committee Report regarding January 22, 2018 Report. (Pg.)   Rader; Chair. (Pg. 24)

13. RESOLUTION No. 8973-17 – A RESOLUTION to take effect immediately provided it receive 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, appropriating $337,000.00 and authorizing the Mayor to enter into an agreement which will allow the City of Lakewood to participate in the resurfacing of Riverside Drive (SR237) from 215 feet North of Riverway Drive to 265 feet North of West Clifton Boulevard in the City of Lakewood with the Ohio Department of Transportation. (Pg. 25)

14. Housing Committee Report regarding Ordinances 2-18 & 3-18. (To Be provided) – Anderson; Chair.  

15. ORDINANCE NO. 2-18 – AN ORDINANCE amending various parts of Chapter 1306, Property Maintenance and Safety Code…(light pollution) (REFERRED TO THE HOUSING COMMITTEE 1/2/18) (REFERRED TO THE HOUSING COMMITTEE 1/2/18, 2^ND READING 1/16/18) (Pg. 44 )

16. ORDINANCE NO. 3-18 – 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, authorizing and directing the Director of Planning and Development or the Mayor to enter into an agreement with Payne and Payne Custom Builders, Inc. for the sale of 2107 Robin Street, Lakewood, Ohio (PPN#315-22-074) and 2111 Robin Street, Lakewood, Ohio (PPN#315-22-120, pursuant to Section 155.07 of the Codified Ordinances. (REFERRED TO HOUSING COMMITTEE 1/2/18, 2^ND READING 1/16/18) (Pg. 46)

17. Liquor Permit Notice of a New D1 permit type to LBM 12301 Madison Avenue. (Deferred 1/15/18) (Pg. 58)

****NEW BUSINESS****

18. Communication from Councilmember Rader and Council President O’Leary regarding Resolution in Support of County Plastic Bag Fee Ordinance. (Pg. 59)

19. RESOLUTION NO. 8984-18 – A RESOLUTION supporting the adoption of  proposed  Ordinance No. 02017-0006 by the County Council of Cuyahoga County; an ordinance creating a $.10 fee to be charged for disposable plastic bags, countywide.  (Pg. 60)

20. Communication from Councilmember George regarding Citizens Advisory Committee Appointment: Michael Bentley. (Pg. 201)

21. Communication from Councilmember O’Malley regarding Resolution supporting the Ohio Fairness Act. (Pg. 62)

22. RESOLUTION NO. 8985-18 – A RESOLUTION supporting the Ohio Fairness Act. (Pg. 63)
23. Communication from Councilmember O’ Malley regarding Ordinance amending housing
    license requirements for condominium rental property. ( Pg. 202)
24. ORDINANCE NO. 18 -18 — AN ORDINANCE amending Section 1306. 43, Housing and
    Vacant Property License, and Section 1306. 44, License Application Form and Fee, of the
    Codified Ordinances of the City of Lakewood in order to update the code with respect to
    the regulation of condominium associations and unit owners in the City. ( Pg. 203)
25. Communication from Mayor Summers regarding Keep Lakewood Beautiful Board Members. (Pg. 64)]
26. Communication from Mayor Summers regarding NOPEC Grant Award Documentation & Acceptance. (Pg. 65)
27. RESOLUTION NO. 8986-18 – A RESOLUTION to take effect immediately provided it receives the 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 City of Lakewood to take all actions necessary to accept Northeast Ohio Public Energy Council (NOPEC) Energized Community Grant(s). (Pg. 66)
28. Communication from Finance Director Pae regarding Income Tax Ordinance Amendments. (Pg. 75)
29. ORDINANCE NO. 4-18 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council to adopt 128.22 through 128.2215 of the Codified Ordinances as mandated by the state legislature to authorize state officials to collect and administer municipal net profit taxes.  (Pg. 76)
30. Communication from Law Director Butler regarding Ordinance adding formerly chartered street establishment, naming and vacation provision to the Code following passage of Third Amended Charter. (Pg. 98)
31. ORDINANCE NO. 5-18 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council ENACTING Sections 131.01, Provisions, Alteration, Dedication and Vacation of Streets and 131.02, Board of Revision of Assessments, and amending Section 107.11, Notice of Public Hearing, of the Codified Ordinances of the City of Lakewood in order to codify certain provisions related to the establishment, naming and vacation of streets. (Pg. 99)
32. Communication from Law Director Butler regarding Ordinance revising Planning Commission voting requirements in the Code following passage of Third Amended Charter. (Pg. 104)
33. ORDINANCE NO. 6-18 – AN ORDINANCE amending Section 1134.03, Procedures for Identification, Nomination and Designation of an HPD or HP, of the Codified Ordinances of the City of Lakewood in order to adjust the voting requirements of the Planning Commission based upon its new composition under the Third Amended Charter. (Pg. 105)
34. Communication from Finance Director Pae regarding 2018 Bond Anticipation Notes in an amount not to exceed $32.287 million and 2018 Municipal Captial Lease in an amount not to exceed $1.5 million. (Pg. 107)
35. ORDINANCE NO. 7-18– AN ORDINANCE authorizing the issuance of special obligation income tax revenue notes in the amount not to exceed $21,687,000 in anticipation of the issuance of bonds to pay costs of 2016 & 2017 issued one year Bond Anticipation Notes. (Pg. 108)
36. ORDINANCE NO. 8-18 – AN ORDINANCE authorizing issuance of special obligation Income Tax Revenue Notes not to exceed $160,000 for City Parking Lot Resurfacing. (Pg. 117)
37. ORDINANCE NO. 9-18 – AN ORDINANCE authorizing the issuance of special obligation income tax revenue notes not to exceed $375,000 for Police Firing Range. (Pg.126)
38. ORDINANCE NO. 10-18 – AN ORDINANCE authorizing the issuance of special obligation income tax revenue notes not to exceed $375,000 for Parks Improvements. (Pg. 135)
39. ORDINANCE NO. 11-18 – AN ORDINANCE authoring the issuance of special obligation income tax revenue notes not to exceed $475,000 for Municipal Building Roof Improvements. (Pg. 144)
40. ORDINANCE NO. 12-18 – AN ORDINANCE authorizing the issuance of special obligation income tax revenue notes not to exceed $700,000 for Sidewalk Improvements. (Pg. 153)
41. ORDINANCE NO. 13-18 – AN ORDINANCE authorizing the issuance of special obligation income tax revenue notes not to exceed $1,325,000 for Lake Avenue Improvements (Belle Avenue. To W. 117^th.) (Pg. 162)
42. ORDINANCE NO. 14-18 – AN ORDINANCE authorizing the issuance of special obligation income tax revenue notes not to exceed $2,315,500 for Water Line Replacements. (Pg. 171)
43. ORDINANCE NO. 15-18 – AN ORDINANCE authorizing the issuance of special obligation income tax revenue notes not to exceed $2,375,000 for Sewer Improvements. (Pg. 180) 
44. ORDINANCE NO. 16-18 – AN ORDINANCE authorizing the issuance of special obligation income tax revenue notes not to exceed $2,500,000 for Wastewater Treatment Plan Digester Improvements. (Pg. 189) 
45. ORDINANCE NO. 17-18 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of two thirds members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Director of Finance to enter into Equipment Leases in forms approved by the Director of Law on behalf of the City of Lakewood. (“City”).  (Pg. 198)