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
OCTOBER 2, 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 September 18,  2017.

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

****OLD BUSINESS**** 

1. Committee of the Whole Report regarding October 2, 2017 Committee meeting. Mr. O’Leary; Chair (To Be Provided)

2. ORDINANCE NO. 32-17 – 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 various sections and enacting new chapters of the Codified Ordinances of the City of Lakewood in order to regulate medical marijuana cultivators, processors, dispensaries and testing laboratories in the City. (1ST READING, REFERRED TO COMMITTEE OF THE WHOLE AND PLANNING COMMISSION 9/5/17, 2^ND READING 9/18/17) (Pg. 5)

3. 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. (1^st READING & referred to the COMMITTEE OF THE WHOLE & PLANNING COMMISSION 9/18/17) (Pg. 30)

4. Finance Committee Report regarding Resolution 8945-17 & Ordinance 43-16A.  Bullock, Chair. (To Be Provided)

5. RESOLUTION NO. 8945-17 A RESOLUTION to formally identify agreed-upon priorities that Council would like to see reflected in the 2018 budget. (REFERRED TO FINANCE COMMITTEE 9/5/17) (Pg. 32)

6. ORDINANCE NO. 43-16A – 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 43-16, 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 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. (1^st READING & REFERRED TO THE FINANCE COMMITTEE 9/18/17) (Pg. 73)

7. Public Safety Committee Report regarding Ordinances Nos. 29-17 & 33-17. O’Malley; Chair. (Pg. 79)

8. ORDINANCE NO. 29-17 – 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 549.01, Definitions, of the Codified Ordinances for the City of Lakewood in order to provide clarity for the regulation of weapons offenses within the Criminal Code.  (First Reading & REFERRED TO Public Safety Committee 7/17/17, 2^ND READING 9/5/17) (Pg.  80)

9. ORDINANCE NO. 33-17 – 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 333.01, Driving or Physical Control while under the Influence, as contained in the Traffic Code. (1^ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 9/18/17) (Pg. 88)

****NEWS BUSINESS****

10. Communication from Mayor Summers, Council President O’Leary and Planning Director Sylvester regarding Recommended Developer for the Mixed-Use Development in the Heart of Lakewood. (Pg. 112)

11. Communication from Council President O’Leary regarding Appointment Resolution. (Pg. 114)

13. 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 _________________________ 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. (Pg. 115)
14. Communication from Councilmember O’Malley regarding Resolution supporting the Deferred Action for Childhood Arrivals (“DACA”) Program.  (Pg. 116)

14. RESOLUTION NO. 8956-17 – A RESOLUTION in support of the continuation of the Federal Deferred Action for Childhood Arrivals Program.  (Pg. 117)

15. Communication from Mayor Summers regarding Opposition to Centralized Business Net Profit Tax Collection in HB 49. (Pg. 119)

16. Communication from City Engineer Papke regarding Submerged Land Lease; 12900 Lake Avenue – Carlyle Condominiums. (Pg. 120)

17. RESOLUTION NO. 8957-17 – 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, approving the use of submerged lands for property located at and abutting 12900 Lake Avenue, Lakewood, Ohio (a legal description of which is attached hereto as “Exhibit A” and “Exhibit B”), in order to permit the owners the opportunity to undertake lakeshore protection measures.  (Pg. 121)