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
MARCH 6, 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 February 21,  2017.

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

****OLD BUSINESS****

1. Committee of the Whole Report regarding March 6, 2017 Committee meeting. O’Leary; Chair.  (To Be provided)

2. ORDINANCE NO. 17-17 – AN ORDINANCE to expand Chapter 1159, Planned Development, of the Zoning Code to permit planned developments in any zoning district and allowed any use so long as that use is sensitive to the former permitted use and adjacent uses. (Read & REFERRED TO COMMITTEE OF THE WHOLE 2/21/17) (Pg. 9)

3. Finance Committee Report regarding Resolutions Ordinance 1-17; Ordinances 3-17 through 12-17 & ordinance 16-17.  Bullock, Chair.  (Report to be Provided)

4. ORDINANCE NO. 1-17 – AN ORDINANCE to take effect on January 1, 2017, 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, division and offices of the City of Lakewood, including the Chief of Fire, Chief of Police and Civil Service Commissioners.  (1^ST READING & REFERRED TO FINANCE COMMITTEE 2/6/17, 2^nd 2/21/17) (Pg. 32) 

5. ORDINANCE 3-17 – AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION INCOME TAX REVENUE NOTES IN THE AMOUNT OF NOT TO EXCEED $10,584,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS TO PAY COSTS OF (i) designing, engineering and constructing sewer improvements, together with all necessary appurtenances thereto; (ii) designing, engineering and constructing water improvements, together with all necessary appurtenances thereto; (iii) improving Andrews Avenue, Athens Avenue, Chesterland Avenue, Concord Drive, Delaware Avenue, Erie Cliff Drive, Hall Avenue, Lake Point Drive, Leedale Avenue, Leonard Avenue, Mars Avenue, McKinley Avenue, Northwood Avenue, Richland Avenue, Shaw Avenue and West 117th Street, and other streets located within the City, between certain termini, by resurfacing and replacing concrete, together with all necessary appurtenances thereto; (iv) improving parks within the City, including Kids Cove Playground, together with all necessary appurtenances THERETO; (v) to pay costs of providing, constructing and installing a revetment on the northerly property line of the Meridian Condominium to protect the Meridian Condominium’s westerly property line with Lake Erie, eastward to the intersection of Meridian Condominium’s easterly property line with Lake Erie, together with all necessary appurtenances THERETO; (vi) improving sidewalks within the City, together with all necessary appurtenances THERETO; (vii) improving Franklin Avenue and Hilliard Road, between certain termini, by providing new traffic signalization, together with all necessary appurtenances thereto and (viii) replacing or improving roofs of the Fire Station and Winterhurst Ice Rink, together with all necessary appurtenances THERETO, AND RETIRING NOTES PREVIOUSLY ISSUED FOR SUCH PURPOSE; APPROVING RELATED MATTERS; PROVIDING FOR THE PLEDGE OF REVENUES FROM THE CITY’S 1.50% INCOME TAX TO SECURE THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES IN ANTICIPATION OF BONDS; AND APPROVING RELATED MATTERS; AND DECLARING AN EMERGENCY (PLEASE SUBSTITUTE FOR ORDINANCE 3-17 1^ST READING & REFERRED TO FINANCE COMMITTEE 2/6/17, 2^ND READING 2/21/17) (Pg. 38) 

6. ORDINANCE NO. 4-17 – AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION INCOME TAX REVENUE NOTES IN THE AMOUNT OF NOT TO EXCEED $1,250,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; to pay costs of DESIGNING, ENGINEERING, PERMITTING AND CONSTRUCTING IMPROVEMENTS TO THE CITY’S EXISTING DIGESTER MIXERS, HEAT EXCHANGERS AND TANKS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; PROVIDING FOR THE PLEDGE OF REVENUES FROM THE CITY’S 1.50% INCOME TAX TO SECURE THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES IN ANTICIPATION OF BONDS; AND APPROVING RELATED MATTERS; AND DECLARING AN EMERGENCY. (1^ST READING & REFERRED TO FINANCE COMMITTEE 2/6/17, 2^ND READING 2/21/17) (Pg. 48)

7. ORDINANCE 5-17 – AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION INCOME TAX REVENUE NOTES IN THE AMOUNT OF NOT TO EXCEED $2,270,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; to pay costs of DESIGNING, PERMITTING, ENGINEERING AND CONSTRUCTING SEWER IMPROVEMENTS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; PROVIDING FOR THE PLEDGE OF REVENUES FROM THE CITY’S 1.50% INCOME TAX TO SECURE THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES IN ANTICIPATION OF BONDS; AND APPROVING RELATED MATTERS; AND DECLARING AN EMERGENCY. ((1^ST READING & REFERRED TO FINANCE COMMITTEE 2/6/17, 2^ND READING 2/21/17)   57)

8. ORDINANCE NO. 6-17 – AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION INCOME TAX REVENUE NOTES IN THE AMOUNT OF NOT TO EXCEED $745,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; to pay costs of Designing, engineering and constructing drainage improvements, together with all necessary APPURTENANCES thereto; PROVIDING FOR THE PLEDGE OF REVENUES FROM THE CITY’S 1.50% INCOME TAX TO SECURE THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES IN ANTICIPATION OF BONDS; AND APPROVING RELATED MATTERS; AND DECLARING AN EMERGENCY. (1^ST READING & REFERRED TO FINANCE COMMITTEE 2/6/17, 2^ND READING 2/21/17) (Pg. 66)

9. ORDINANCE NO. 7-17 – AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION INCOME TAX REVENUE NOTES IN THE AMOUNT OF NOT TO EXCEED $2,745,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; to pay costs of DESIGNING, ENGINEERING AND CONSTRUCTING WATER IMPROVEMENTS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; PROVIDING FOR THE PLEDGE OF REVENUES FROM THE CITY’S 1.50% INCOME TAX TO SECURE THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES IN ANTICIPATION OF BONDS; AND APPROVING RELATED MATTERS; AND DECLARING AN EMERGENCY. (1^ST READING & REFERRED TO FINANCE COMMITTEE 2/6/17, 2^ND READING 2/21/17) (Pg. 75)

10. ORDINANCE NO. 8-17 – AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION INCOME TAX REVENUE NOTES IN THE AMOUNT OF NOT TO EXCEED $1,800,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; to pay costs of improving Lake Avenue and Maple Cliff Drive and other streets located within the City, between certain termini, by resurfacing and replacing concrete, together with all necessary appurtenances thereto; PROVIDING FOR THE PLEDGE OF REVENUES FROM THE CITY’S 1.50% INCOME TAX TO SECURE THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES IN ANTICIPATION OF BONDS; AND APPROVING RELATED MATTERS; AND DECLARING AN EMERGENCY. (1^ST READING & REFERRED TO FINANCE COMMITTEE 2/6/17, 2^ND READING 2/21/17) (Pg.  84)

11. ORDINANCE NO. 9-17 – AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION INCOME TAX REVENUE NOTES IN THE AMOUNT OF NOT TO EXCEED $800,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; to pay costs of improving PARKS WITHIN THE CITY, INCLUDING KIDS COVE PLAYGROUND AND KAUFMANN PARK, TOGETHER WITH ALL NECESSARY APPURTENANCE THERETO; PROVIDING FOR THE PLEDGE OF REVENUES FROM THE CITY’S 1.50% INCOME TAX TO SECURE THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES IN ANTICIPATION OF BONDS; AND APPROVING RELATED MATTERS; AND DECLARING AN EMERGENCY. (1^ST READING & REFERRED TO FINANCE COMMITTEE 2/6/17, 2^ND READING 2/21/17) (Pg. 93)

12. ORDINANCE NO. 10-17 – AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION INCOME TAX REVENUE NOTES IN THE AMOUNT OF NOT TO EXCEED $650,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; to pay costs of improving SIDEWALKS WITHIN THE CITY; PROVIDING FOR THE PLEDGE OF REVENUES FROM THE CITY’S 1.50% INCOME TAX TO SECURE THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES IN ANTICIPATION OF BONDS; AND APPROVING RELATED MATTERS; AND DECLARING AN EMERGENCY. (1^ST READING & REFERRED TO FINANCE COMMITTEE 2/6/17, 2^ND READING 2/21/17) (Pg. 102).

13. ORDINANCE NO. 11-17– AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION INCOME TAX REVENUE NOTES IN THE AMOUNT OF NOT TO EXCEED $300,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; TO PAY COSTS OF REPLACING OR IMPROVING THE ROOF OF THE PUBLIC WORKS GARAGE AND OTHER PUBLIC BUILDINGS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; PROVIDING FOR THE PLEDGE OF REVENUES FROM THE CITY’S 1.50% INCOME TAX TO SECURE THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES IN ANTICIPATION OF BONDS; AND APPROVING RELATED MATTERS; AND DECLARING AN EMERGENCY. (1^ST READING & REFERRED TO FINANCE COMMITTEE 2/6/17, 2^ND READING 2/21/17) (Pg. 111)

14. ORDINANCE NO. 12-17 – AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION INCOME TAX REVENUE NOTES IN THE AMOUNT OF NOT TO EXCEED $1,100,000 TO PAY COSTS OF DESIGNING, ENGINEERING, AND CONSTRUCTING IMPROVEMENTS AND INSTALLING A RETAINING WALL ON THE NORTHERLY PROPERTY LINE OF THE wINTON cLIFF TO STABILIZE THE EXPOSED SHALE BLUFF; PROVIDING FOR THE PLEDGE OF REVENUES FROM THE CITY’S 1.50% INCOME TAX TO SECURE THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTES IN ANTICIPATION OF BONDS; AND APPROVING RELATED MATTERS; AND DECLARING AN EMERGENCY. (1^ST READING & REFERRED TO FINANCE COMMITTEE 2/6/17, 2^ND READING 2/21/17) (Pg.  120)

15. ORDINANCE NO. 16-17 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, authorizing the transfer and advance of certain funds. (READ & REFERRED TO THE FINANCE COMMITTEE 2/21/17) (Pg. 129)

16. Rules & Ordinances Committee Report regarding Ordinance 59-16 & Ordinance (TO BE PROVIDED)

17. ORDINANCE NO. 13-17 – AN ORDINANCE AMENDING Section 109.04, Minutes Open to Public, of the Codified Ordinances of the City of Lakewood. (READ & REFERRED TO THE RULES & ORDINANCES COMMITTEE 2/6/17, 2^ND READING 2/21/17) (Pg. 131)

 

18. ORDINANCE 59-16 – Enacting Chapter 904, Use of Public Ways by Service Providers; Creating Section 901.22, Conflict with the Use of Public Ways Chapter; and amending Section 903.09, Sidewalk Permit, of the Codified Ordinances of the City of Lakewood. (Placed on 1^st reading and referred to Rules & Ordinances 12/19/16; Second reading 1/3/17) (Pg. 133)

19. Housing Committee Report regarding Ordnances 2-17 and 14-17. (Pg. 167)

20. ORDINANCE NO. 14-17 – 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.  (READ & REFERRED TO HOUSING COMMITTEE 2/21/17)(Pg. 169) 

21. ORDINANCE NO. 15-17 – 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, to approve the editing and inclusion of certain ordinances as parts of the various component codes of the Codified Ordinances and to provide for the publication of such new  (1^st READ 2/21/17) (Pg. 175)

****NEW BUSINESS**** 

22. Communication from Councilmember Bullock regarding Lakewood Animal Safety Welfare Advisory Board Appointment. (Pg. 177) 

23. Communication from Councilmember Marx regarding Erik Meinhardt to Citizens Advisory Committee. (Pg. 178)

24. Communication from Councilmember Bullock regarding Determining the next phase of work for the Lakewood Public Arts Task Force and initiating a public arts pilot project or projects in 2017. (Pg. 179)

25. Communication from Councilmember Litten regarding Overlook Park Signage Project. (Pg. 181)

26. Communication from Mayor Summers regarding Cornucopia Concessions Services. (Pg. 182)

27. Communication from Mayor summers regarding Mayoral appointment to the Lakewood Animal Safety and Welfare Advisory Board. (Pg. 183)

28. Communication from Mayor Summers regarding Mayoral appointment to the Lakewood Human Rights Commission. (Pg. 184)

29. Communication from Finance Director Pae regarding Memberships for 2017. (Pg. 185)

30. ORDINANCE 45-16A – 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 Ordinance No. 45-16, adopted December 19, 2016 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 2017 Appropriation Ordinance and the Administrative Code of the City of Lakewood, contracts not to exceed $60,000 without separate Ordinance of Council. (Pg. 186)

31. Communication from Planning & Development Director Sylvester regarding Economic Development Grant – University Tees. (Pg. 193)

32. RESOLUTION NO. 8923-17 A RESOLUTION 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 or his designee to enter into an agreement with University Tees, inc. for an economic development grant, issued in the form of annual rebates, for a total amount not to exceed one hundred thousand dollars ($100,000). (Pg. 194)