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
DECEMBER 19, 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 December 5,  2016.

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

****OLD BUSINESS****

1. Committee of the Whole Report regarding December 12 and December 19, 2016 Committee meetings. O’Leary; Chair.  (Submitted and To Be provided) (Pg. 9)

2. RESOLUTION NO. 8871-16 – 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, establishing the Foundation Planning Task Force for the purpose of creating a new Ohio nonprofit corporation charged with addressing community health and wellness needs in the City of Lakewood. (PLEASE SUBSTITUTE for Resolution 8871-16 REFERRED TO COMMITTEE OF THE WHOLE 6/6/16) (Pg. 11)

3. 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. (DEFERRED 12/5/16) (Pg. 13)

4. Finance Committee Report regarding End of Year Financial Legislation. (To Be Provided)

5. RESOLUTION NO. 8904-16 – A RESOLUTION to formally establish certain Council priorities for the City of Lakewood’s 2017 budget. (REFERRED TO FINANCE COMMITTEE 12/5/16) (Pg. 14)

6. 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, 2^nd READING 12/5/16) (Pg. 32)

7. 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, 2^nd READING 12/5/16) (Pg. 45)

8. 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, 2^nd READING 12/5/16) (Pg. 47)

9. 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, 2^nd READING 12/5/16) (Pg. 460)

10. 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, 2^nd READING 12/5/16 ) (Pg. 65)

11. 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, 2^nd READING 12/5/16) (Pg. 68)

12. 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, 2^nd READING 12/5/16) (Pg. 72)

13. 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, 2^nd READING 12/5/16) (Pg. 74)

14. 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, 2^nd READING 12/5/16 ) (Pg. 76)

15. 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, 2^nd READING 12/5/16) (Pg. 78)

16. 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, 2^nd READING 12/5/16) (Pg. 80)

17. 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, 2^nd READING 12/5/16) (Pg. 82)

18. 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, 2^nd READING 12/5/16) (Pg. 84) 

19. 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, 2^nd READING 12/5/16) (Pg. 86) 

20. 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, 2^nd READING 12/5/16) (Pg. 88)

21. 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, 2^nd READING 12/5/16) (Pg. 90)

22. 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, 2^nd READING 12/5/16) (Pg. 92)

23. 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, (Referred to FINANCE COMMITTEE 11/21/16, DEFERRED 12/5/16) Pg. 94)

24. Public Works Committee Report regarding Ordinance 57-16; Chair; Mr. Nowlin; (To Be Provided)

25. 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. (READ & REFERRED TO PUBLIC WORKS COMMITTEE 12/5/16) (Pg. 97)

****NEW BUSINESS****

26. Communication from Councilmember Marx regarding supporting the Utility Workers Union of America, Local 270. (Pg. 101)

27. RESOLUTION NO. 8909-16 – A RESOLUTION supporting The Utility Workers Union of America, Local 270 and demanding FirstEnergy fulfill the moral obligation to its active members and retirees by fairly sharing the cost of health care coverage. (Pg. 102)

28. Certificate of Result of Election on Issue 64. (Pg.104)

29. Communication from Mayor Summers regarding Re-Appointments to Boards, Committees and Commissions. (Pg. 105)

30. Communication from Finance Director Pae regarding Amended Purchasing and Contracting Ordinance FY2016. (Pg. 107)

31. ORDINANCE NO. 36-15C – 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, amending Ordinance 36-15B, adopted June 6, 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 2016 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. 108)

32. Communication from Planning & Development Director Sylvester regarding Sale of vacant land. (Pg. 114)

33. ORDINANCE NO. 58-16 – 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 and directing the Director of Planning and Development to market for sale the real property located at Edanola Avenue (PPN 311-15-011), pursuant to Section 155.07 of the Codified Ordinances. (Pg. 115)

34. Communication from Planning & Development Director Sylvester regarding 2017 Transportation for Livable Communities Initiative Planning Grant Application. (Pg.117)

35. RESOLUTION NO. 8910-16 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor or his designee to aply to the Northeast Ohio Areawide Coordinating Agency (NOACA) for a $30,000 planning grant through the Transportation for Livable Communities Initiative (TLCI) program, the grant to be used for study and planning of dedicated bike infrastructure on Lake Avenue in anticipation of 2018 repaving of Lake Avenue.  (Pg. 119)

36. Communication from Fire Chief Gilman regarding the trade-in of breathing air compressor and fill station equipment. (Pg. 121)

37. RESOLUTION NO. 8911-16 – 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 Director of Finance to sell, through trade-in, breathing air equipment in conjunction with the purchase of a new compressor and fill station equipment. (Pg. 122)

38. Communication from Fire Chief Gilman regarding Transfer of surplus fire hose nozzles to Garfield Heights Fire Department. (Pg. 124)

39. RESOLUTION NO. 8912-16 – 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 Director of Finance to donate two fire hose nozzles to the City of Garfield Heights. (Pg. 125)

40. Communication from Law Director Butler regarding New Chapter 904, Use of Public Ways by Service Providers. (Pg. 127)

41. ORDINANCE NO. 59-16 – – 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, 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. (Pg. 128)

42. Liquor Permit Notice for a D5 TREX to SMYF LLC d/b/a LBM – 12301 Madison Avenue. (Pg. 162)