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
SEPTEMBER 18, 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 5,  2017.

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

 ****OLD BUSINESS**** 

1. Committee of the Whole Report regarding September 11 & September 18^th, 2017 Committee meetings. Mr. O’Leary; Chair (To Be Provided)

2. RESOLUTION NO. 8948-17 – 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, authorizing and directing the Mayor to enter into a grant agreement with the County of Cuyahoga for the operation of a Lakewood-SBA Small Business Performance Grant Program, and approving the expenditure of an amount not to exceed $50,000.00 from the economic development account within the General Fund for the purposes of the program.  (REFERRED TO THE COMMITTEE OF THE WHOLE 9/5/17) (Pg. 6)

3. 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) (Pg. 32)

4. Health & Human Services Committee Report re: Ordinance 31-17, Resolution 8946-17, North Coast Health; Ms. Marx; Chair. (TO BE PROVIDED)

5. RESOLUTION NO. 8946-17 – 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, authorizing the Mayor or his designee to apply for and enter into an agreement with the Western Reserve Area Agency on Aging for title III of the Older Americans Act, Senior Community Services for the 2018-2019 program years. (REFERRED TO HEALTH & HUMAN SERVICES COMMITTEE 9/5/17) (Pg. 51)

6. ORDINANCE NO. 31-17 – AN ORDINANCE repealing Chapter 1793, Tattooing, amending Schedule 1129.02, Permitted Uses in Commercial Districts, and creating new Section 1161.03(XX), Supplemental Regulations for Specific Uses (Body Art Establishments), of the Codified Ordnances of the City of Lakewood in order to permit tattoo studios as a conditional use in commercial districts within the City of Lakewood. (1ST READING, REFERRED TO THE HEALTH & HUMAN SERVICES COMMITTEE & PLANNING COMMISSION 9/5/17) (Pg. 53)

7. Public Works Committee Report regarding Resolution 8949-17. (Pg.64)

8. RESOLUTION NO. 8949-17 – 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, authorizing the Mayor of the City of Lakewood, or his designee, to prepare and submit an application to participate in the Ohio Public Works Commission State Capital Improvement Program, Local Transportation Improvement Program or any other appropriate Ohio Public Works Commission program that these projects qualify for and to execute contracts as required. (REFERRED TO THE PUBLIC WORKS COMMITTEE 9/5/17)(Pg. 89)

9. ORDINANCE NO. 30-17 – 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 transfer and advance of certain funds. (FIRST READING & REFERRED TO FINANCE COMMITTEE 7/17/17, 2^nd READING, REPORTED OUT ON, RECOMMENDED FOR ADOPTION UPON THIRD READING 9/5/17) (Pg. 67)

****NEW BUSINESS**** 

10. Communication from Council President O’Leary regarding Resolution honoring Thomas J. George.

11. RESOLUTION NO. 8954-17 – A RESOLUTION honoring Thomas J. George. (69) 

12. Communication from Councilmember Nowlin regarding William Barmann to Citizens Advisory Committee (Pg. 70)

13. Communication from Councilmember Litten regarding appointing Lee Silvis to Citizens Advisory Committee. (To Be Provided)

14. Communication from Law Director Butler regarding Ordinance amending Section 333.01, OVI. (Pg. 71)

15. 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. (Pg. 72)

16. Communication from Finance Director Pae regarding Amended Purchasing and Contracting Ordinance FY2017. (Pg. 96)

17. 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. (Pg. 97)

18. Communication from Fire Chief Gilman regarding Resolution adopting the Cuyahoga County 2017-2022 All-Hazards Mitigation Plan as the official Hazard Mitigation Plan of the City of Lakewood. (Pg. 103)

19. RESOLUTION NO. 8950-17 – A RESOLUTION adopting the Cuyahoga County 2017-2022 All-Hazards Mitigation Plan as the official Hazard Mitigation Plan of the City of Lakewood. (Pg. 104)

20. Communication from Fire Chief Gilman regarding Fallen Firefighter Memorial Day and Fire Prevention Week 2017. (Pg. 106)

22. RESOLUTION 8951-17 – A RESOLUTION calling upon the citizens of Lakewood to join the Lakewood Fire Department in celebrating National Fallen Firefighter Memorial Day on Sunday, October 8, 2017. (Pg. 107)
23. RESOLUTION NO. 8952-17 – A RESOLUTION calling upon the citizens of Lakewood to participate in fire prevention activities at home during the week of October 8, 2017, and to heed the message, “Every Second Counts…Find 2 Ways Out” as the 2017 Fire Prevention Week theme suggests. (Pg. 108)

23. Communication from Planning and Development Director Sylvester regarding Outdoor Dining Definition Chapter 1103.02. (Pg.110)

24. 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. (Pg. 111)

25. Communication from Police Chief Malley regarding Resolution for D.A.R.E. Program Funding. (Pg. 113)
26.  RESOLUTION NO. 8953-17 – 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, authorizing the Mayor as the Director of Public Safety or his designee to enter into an agreement with the Ohio Attorney General to accept and expend funds for the City’s Drug Abuse Resistance Education (D.A.R.E.) program in the amount of $41,931 to continue to educate young people of the City of Lakewood as to the hazards of alcohol and drugs. (Pg. 114) 

27. Liquor Permit Application for new C1& C2 permit classes to Family Dollar Stores of Ohio, d/b/a Family Dollar 5813, 1220 Madison Avenue. (Pg. 116)