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 5, 2016
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 21,  2016.

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

****OLD BUSINESS****

1. Committee of the Whole Report regarding November 28, 2016 and December 5, 2016 Committee meetings. O’Leary; Chair.  (To Be provided)

2. Rules & Ordinances Committee Report regarding Ordinance 39-16. Litten; Chair (To Be Provided)

3. ORDINANCE NO. 39-16 – AN ORDINANCE amending Chapter 1311, Entering Adjoining Property, of the Codified Ordinances of the City of Lakewood. (PLEASE SUBSTITUTE FOR ORDINANCE 39-16  – 1^st READING, REFERRED TO RULES & ORDINANCES COMMITTEE 11/7/16, 2^nd READING 11/21/16) (Pg.  8)

4. ORDINANCE NO. 40-16 – 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, 2016. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 13)

5. ORDINANCE NO. 41-16 – 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 26)

6. ORDINANCE NO. 42-16 – 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 28)

7. ORDINANCE NO. 43-16 – 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 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 READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 41)

8. ORDINANCE NO. 44-16 – 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 46)

9. ORDINANCE NO. 45-16 – 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 2017 Appropriation Ordinance and the Administrative Code of the City of Lakewood, contracts not to exceed $60,000 without separate Ordinance of Council. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 49)

10. ORDINANCE NO. 46-16 – 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 53)

11. ORDINANCE NO. 47-16 – 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 55)

12. ORDINANCE NO. 48-16 – 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 57)

13. ORDINANCE NO. 49-16 – 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 59)

14. ORDINANCE NO. 50-16 – 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 61)

15. ORDINANCE NO. 51-16 – 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 D.B.G. 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 63)

16. ORDINANCE NO. 52-16 – 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 65) 

17. ORDINANCE NO. 53-16 – 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 67) 

18. ORDINANCE 54-16 – 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 69)

19. ORDINANCE NO. 55-16 – 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 71)

20. ORDINANCE NO. 56-16 – 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. (1^ST READ & REFERRED TO THE FINANCE COMMITTEE 11/21/16) (Pg. 73)

21. RESOLUTION NO. 8902-16 – 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, authorizing and directing the Mayor to submit the Fiscal Year (FY) 2017 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 2017 CDBG, ESG, and HOME funds and all amendments thereto and all understandings and assurances contained therein, (Pg. 75)

****NEW BUSINESS****

22. Communication from Council President O’Leary regarding Human Rights Commission Appointment. (Pg. 78)

23. RESOLUTION NO. 8903-16 – 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 a position on the Human Rights Commission for the term beginning January 1, 2017 and ending December 31, 2019. (Pg. 79)

24. Communication from Councilmember Bullock regarding Council priorities budget resolution (final). (Pg.80)

25. RESOLUTION NO. 8904-16 – A RESOLUTION to formally establish certain Council priorities for the City of Lakewood’s 2017 budget. (Pg. 81)

26. Communication from Mayor Summers regarding Resolution Appointing Bryce Sylvester as Director of Planning and Development. (Pg. 99)

27. RESOLUTION NO. 8905-16 – 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 appointment of Bryce Sylvester to the position of Director of Planning and Development upon his taking the oath of office. (Pg.100)
28. Communication from Mayor Summers regarding Opposition to State Effort to Eviscerate Local Control of Rights of Way. (Pg. 101)

29. RESOLUTION NO. 8906-16 – 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, opposing any efforts in the Ohio General Assembly seeking to take from municipalities their ability to regulate the public right of way with respect to pole attachments of “small cell” wireless antennas. (Pg. 102)

30. Communication from Finance Director Pae regarding Winton Place shoreline protection project; report of Board of Revision of Assessments. (Pg.105)

31. ORDINANCE NO. 57-16 – 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, determining to proceed with the improvement of the shoreline abutting The Winton Place Condominium, 12700 Lake Avenue, by the construction and installation of improvements to protect the northerly property line from erosion by Lake Erie, including repairs and maintenance to the existing revetment system constructed along the water’s edge of Lake Erie appurtenant to the Winton Place Condominium. (Pg. 106)

32. Communication from Police Chief Malley regarding $30,000 grant through Northeast Ohio Law Enforcement Task Force. (Pg. 110)

33. RESOLUTION NO. 8907-16 – 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, authorizing the Mayor or his designee to enter into an agreement with City of Cleveland Department of Public Safety to accept funds in the amount of $30,000 for trhe reimbursement for the purchase of an undercover vehicle for Northeast Ohio Law Enforcement Task Force (NOLETF) purposes. (Pg. 111)

34. Communication from Planning & Development Sylvester regarding Application to the State of Ohio through ODNR for the federal LWCF grant program. (Pg. 122)

35. RESOLUTION NO. 8908-16 – 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, authorizing an application with the Ohio Department of Natural Resources requiring financial assistance from the Land and Water Conservation Fund for improvements at Cove. Park.  (Pg.123)