REGULAR MEETINGS OF CITY COUNCIL 1ST & 3RD MONDAYS AT 7:30 P.M.
HELD IN COUNCIL CHAMBERS
MUNICIPAL BUILDING, 12650 DETROIT AVENUE
DOCKET
OF A MEETING OF
THE LAKEWOOD CITY COUNCIL
TO BE HELD IN THE COUNCIL CHAMBERS
LAKEWOOD CITY HALL – 12650 DETROIT AVENUE
FEBRUARY 16, 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.
I. Pledge of Allegiance
II. Moment of Silence
III. Roll Call
Reading and disposal of the minutes of the Regular Meeting of Council held February 1, 2016.
Reports, legislation and communications from Members of Council, the Mayor and other City Officials.
****OLD BUSINESS****
1. Committee of the Whole Report regarding February 16, 2016 Committee Meeting. (To Be Provided)
2. RESOLUTION NO. 8840-16 – 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 Civil Service Commission for the term beginning January 1, 2016 and ending December 31, 2018. (REFERRED TO THE COMMITTEE OF THE WHOLE 1/4/16, DEFERRED 1/19/16, 2/1/16) (Pg. 9)
3. RESOLUTION NO. 8841-16 – 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 the Board of Nuisance Abatement Appeals for the three-year term beginning January 1, 2016 and ending December 31, 2018. (REFERRED TO THE COMMITTEE OF THE WHOLE 1/4/16, DEFERRED 1/19/16, 2/1/16) (Pg. 9)
4. RESOLUTION NO. 8849-16 – 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 to enter into a lease agreement with Lakewood Hospital Association for the lease of real property located at 1450 Belle Avenue, Ste. 220 also known as the Community Health Center. (READ 2/1/16 & REFERRED TO THE COMMITTEE OF THE WHOLE) (Pg. 10)
5. ORDINANCE NO. 17-16 – AN ORDINANCE repealing Ordinance 49-15, adopted on and effective as of December 21, 2015, in its entirety. (1ST READING & REFERRED TO COMMITTEE OF THE WHOLE AT SPECIAL MEETING OF COUNCIL HELD 2/11/16) (Pg. 13)
6. Finance Committee Report regarding Ordinance 36-15A. (To Be Provided) Mr. Bullock, Chair
7. ORDINANCE NO. 36-15A – 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 36-15, adopted December 21, 2015, 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 2016 Appropriations Ordinance and the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (1st READING & REFERRED TO THE FINANCE COMMITTEE 1/19/16, 2ND READING 2/1/16) (Pg. 14)
8. Public Works Committee Report regarding Res. 8850-16; Water Quality Discussion 3) Bikes in Bus Lanes. Mr. Nowlin; Chair. (Pg.20)
9. RESOLUTION NO. 8850-16 – 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 to enter into a Stormwater Service Agreement with the Northeast Ohio Regional Sewer District. (READ & REFERRED TO PUBLIC WORKS COMMITTEE 2/1/16) (Pg. 22)
10. ORDINANCE NO. 5-16 – AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $18,000,000 OF BONDS FOR THE PURPOSE OF CURRENTLY REFUNDING NOTES ISSUED FOR THE PURPOSE OF (I) (A) THE CITY’S WEST END SEWER SEPARATION PROJECT, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, (B) RESURFACING VARIOUS STREETS IN THE CITY, (C) IMPROVING PARKS WITHIN THE CITY, INCLUDING LAKEWOOD PARK, WAGAR PARK AND THE LAKEWOOD PARK STATE HOUSE, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, (D) IMPROVING SIDEWALKS WITHIN THE CITY AND (E) REPLACING OR IMPROVING THE ROOFS OF CITY HALL, CITY HALL ANNEX, WINTERHURST ICE RINK AND THE CITY’S SERVICE GARAGE AND (II) RETIRING THE CITY’S VARIOUS PURPOSE IMPROVEMENT NOTES, SERIES 2014, WHICH WERE ISSUED TO PAY COSTS OF (A) IMPROVING MADISON AVENUE BY PROVIDING NEW TRAFFIC SIGNALIZATION; (B) IMPROVING AND RENOVATING THE REFUSE FACILITY; (C) REPLACING THE ROOF ON CITY HALL; (D) RESURFACING VARIOUS STREETS IN THE CITY; (E) IMPROVING DETROIT AVENUE, FRANKLIN STREET, HILLIARD STREET AND MADISON AVENUE BY PROVIDING NEW AND UPGRADED TRAFFIC SIGNALIZATION AND PEDESTRIAN SIGNALS; (F) IMPROVING THE MUNICIPAL GARAGE VENTILATION SYSTEM; (G) IMPROVING PARKS WITHIN THE CITY, INCLUDING LAKEWOOD PARK, WAGAR PARK AND THE LAKEWOOD PARK SKATE HOUSE, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; (VIII) RECONSTRUCTING MADISON AVENUE; (H) CONSTRUCTING A SHEET PILE BULKHEAD, DOCKS AND A PARKING AREA, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; (I) IMPROVING SIDEWALKS WITHIN THE CITY, (J) REPLACING A SALT STORAGE FACILITY AND (K) IMPROVING THE SEWER SYSTEM IN THE CITY BY CONSTRUCTING THE WEST END SEWER SEPARATION PROJECT AND A NEW SANITARY SEWER AND IMPROVEMENTS AND RENOVATIONS TO THE EXISTING SANITARY SEWERS AND STORM WATER SEWERS ALONG EDGEWATER DRIVE, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; APPROVING RELATED MATTERS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND DECLARING AN EMERGENCY. (1st Reading & Referred to Finance Committee 2/1/16) (Pg. 92)
11. ORDINANCE NO. 6-16 – AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $26,500,000 OF BONDS FOR THE PURPOSE OF CURRENTLY REFUNDING THE CITY’S ROCKPORT SQUARE IMPROVEMENT GENERAL OBLIGATION BONDS, SERIES 2004 (LIMITED TAX OBLIGATION) (TAXABLE), DATED AUGUST 11, 2004; VARIOUS PURPOSE GENERAL OBLIGATION BONDS, SERIES 2005, DATED MAY 26, 2005; SEWER SYSTEM REVENUE BONDS, SERIES 2006, DATED AUGUST 30, 2006 AND WATERSYSTEM REVENUE BONDS, SERIES 2006, DATED AUGUST 30, 2006; APPROVING RELATED MATTERS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND DECLARING AN EMERGENCY. (1st Reading & Referred to Finance Committee 2/1/16) (Pg. 104)
12. ORDINANCE NO. 7-16 – AUTHORIZING THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $4,845,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; TO PAY COSTS OF DESIGNING, ENGINEERING AND CONSTRUCTING SEWER IMPROVEMENTS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; AND DECLARING AN EMERGENCY. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16) (Pg. 115)
13. ORDINANCE NO. 8-16 – AUTHORIZING THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $1,640,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; TO PAY COSTS OF DESIGNING, ENGINEERING AND CONSTRUCTING WATER IMPROVEMENTS, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; AND DECLARING AN EMERGENCY. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16) (Pg. 125)
14. ORDINANCE NO. 9-16 – AUTHORIZING THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $1,500,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; TO PAY COSTS OF 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; AND DECLARING AN EMERGENCY. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16) (Pg. 235)
15. ORDINANCE NO. 10-16 – AUTHORIZING THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $750,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; TO PAY THE COSTS OF IMPROVING PARKS WITHIN THE CITY, INCLUDING KIDS COVE PLAYGROUND, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; AND DECLARING AN EMERGENCY. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16) (Pg. 145)
16. ORDINANCE NO. 11-16 – AUTHORIZING THE ISSUANCE OF 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; AND DECLARING AN EMERGENCY. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16) (Pg. 155)
17. ORDINANCE 12-16 – AUTHORIZING THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $355,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; TO PAY COSTS OF IMPROVING FRANKLIN AVENUE AND HILLIARD ROAD, BETWEEN CERTAIN TERMINI, BY PROVIDING NEW TRAFFIC SIGNALIZATION, TOGETHER WITH ALL NECESSARY; AND DECLARING AN EMERGENCY. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16) (Pg. 165)
18. ORDINANCE 13-16 – AUTHORIZING THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $200,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; TO PAY THE COSTS OF REPLACING OR IMPROVING ROOFS OF THE FIRE STATION AND WINTERHURST ICE RINK, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO; AND DECLARING AN EMERGENCY. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16) (Pg. 175)
19. ORDINANCE 14-16 – AUTHORIZING THE ISSUANCE OF NOTES IN THE AMOUNT OF NOT TO EXCEED $704,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS; TO PAY COSTS OF PROVIDING, CONSTRUCTING AND INSTALLING A REVENTMENT 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 LNE WITH LAKE ERIE; AND DECLARING AN EMERGENCY. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16) (Pg. 185)
20. ORDINANCE NO. 15-16 – AN ORDINANCE amending Section 557.05, Fees of the Codified Ordinances of the City of Lakewood to reflect that the application fee shall not be refundable as the City’s actual costs in accepting and processing any permit application along with the minimal services required for any special event permit exceed the application fee. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 2/1/16) (Pg. 194)
21. ORDINANCE NO. 16-16 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, to amend Section 1143.05 Schedule of Uses and Space Requirements, of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE PLANNING COMMISSION 2/1/16) (Pg. 196)
****NEW BUSINESS****
22. Communication from Councilmember Bullock regarding Reintroduction of legislation to implement recommendations from the Lakewood Tree Task Force. (Pg. 200)
23. RESOLUTION NO. 8852-16 – A RESOLUTION to endorse the principles for tree care and the urban forestry management goals recommended by the Lakewood Tree Task Force. (Pg. 201)
24. Communication from Councilmember O’Malley regarding Appointment to Lakewood Animal Safety & Welfare Advisory Board. (Pg. 204)
25. Communication from Councilmember Nowlin regarding allowing cyclists to ride in the Clifton Boulevard bus lane. (Pg. 205)
26. ORDINANCE NO. 17-16 – 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, amending Section 331.08, Driving in Marked Lanes or continuous Lines of Traffic, of the Codified Ordinances of the City of Lakewood, and making further provision in order to permit bicyclists to operate bicycles in bus lanes during restricted hours. (Pg. 206)
27. Communication from Mayor Summers regarding Partnership with Lakewood Board of Education – Fiber Optic Network . (Pg. 210)
28. RESOLUTION NO. 8853-16 – A RESOLUTION to take effect immediately provided it receives the vote of at least five members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor to enter into an agreement with the Board of Education of the Lakewood City School District to authorize the connection of the public school buildings to the fiber optic network that is currently under construction within the city of Lakewood. (Pg. 211)
29. Communication from Mayor Summers regarding Boards and Commissions Appointments. (Pg. 213)
30. Communication from Police Chief Malley regarding Crisis Intervention Teams. (Pg. 214)
31. Communication from Law Director Butler regarding 2015 fourth quarter codification ordinance. (Pg. 216)
32. ORDINANCE NO. 18-16 – 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, to approve the editing and inclusion of certain ordinances and resolutions as parts of the various component codes of the Codified Ordinances and to provide for the publication of such new matter. (Pg. 217)
33. Communication from Finance Director Pae regarding 2016 Capital Lease Authorization. (Pg. 219)
34. ORDINANCE NO. 19-16 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of council, or otherwise to take effect 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. 220)
35. Communication from Finance Director Pae regarding 2016 1st Quarter Transfers and Advances. (Pg. 223)
36. ORDINANCE NO. 20-16 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the transfer and advance of certain funds. (Pg. 224)
37. Liquor Permit Application – D5, DX – TO Barroco Grill; 12906 Madison Avenue. (added an additional member) (Pg. 226)
