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
FEBRUARY 1, 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

• Roll Call

Reading and disposal of the minutes of the Regular Meeting of Council held January 19, 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 1, 2016 Committee Meeting. (To Be Provided)

2. RESOLUTION NO. 8830-15 – 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) 2016 One-year Action Plan of the Consolidated Plan, which includes dollar allocations and activities for federal Community Development Block Grant (CDBG) fund and incorporates the City’s application for CDBG funds and all amendments thereto and all understandings and assurances contained therein, to the U.S. Department of Housing and urban Development (HUD). (REFERRED TO THE COMMITTEE OF THE WHOLE 11/16/15, DEFERRED 12/7/15) (Pg. 8)
3. 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) (Pg. 11)

4. 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) (Pg. 12) 

5. RESOLUTION NO. 8848-16 – 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 Director of Human Resources to enter into one or more agreement or renewal agreements with representatives of government-employee deferred compensation plans in order to continue to provide a wide array of options for employees participating in such plans. (Pg. 13)

6. Housing Committee Report regarding Ordinance 3-16. Anderson; Chair. (To Be Provided)

7. ORDINANCE NO. 3-16 – AN ORDINANCE amending Section 1306.60 of the Codified Ordinances of the City of Lakewood by expanding on the regulations governing exterior electric and fuel-burning cooking devices. (1ST READING & REFERRED TO THE HOUSING COMMITTEE 1/19/16) (Pg. 15)
8. ORDINANCE NO. 1-16 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to effect and be in force at the earliest period allowed by law, to amend certain provisions of Chapter 516, Chapter 537, Chapter 142, Chapter 501, and Chapter 1327 of the Codified Ordinances of the City of Lakewood, Ohio, to ensure that all persons within the City have equal access to employment, housing, public accommodations, and education.  (1^ST READING  & REFERRED TO THE COMMITTEE OF THE WHOLE 1/19/16)(Pg. 17)

9. Active Living Presentation; Mr. Foran; Chair. (To Be Provided)

10. ORDINANCE NO. 2-16 – AN ORDINANCE to amend various sections within Chapter 1329, Signs, of the Codified Ordinances of the City of Lakewood and other sign-related sections in order to update the code. (FIRST READIING AND REFERRED TO THE COMMITTEE OF THE WHOLE & PLANNING COMMISSION 1/19/16)(Pg. 39)

11. 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. (1^st READING & REFERRED TO THE FINANCE COMMITTEE 1/19/16) (Pg. 76)

12. ORDINANCE NO. 4-16 – AN ORDINANCE amending the Code to provide for the impounding and disposition of certain animals, and establishing related charges. (1^ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 1/19/16) (Pg. 82)

 

****NEW BUSINESS**** 

13. Communication from Councilmember Marx regarding Backyard Hen Pilot Program Update. (Pg.85)

14. Communication from Councilmember Marx regarding Animal Safety and Welfare Advisory Board. (Pg. 86)

15. Communication from Councilmember Litten regarding Scott Koons to Lakewood Citizens Advisory Committee. (Pg. 87)

16. Communication from Councilmember Marx regarding Lakewood Water Quality. (Pg. 88)

17. Communication from Finance Director pae regarding 2016 General Obligation Bonds, Refunding Bonds, and Bond anticipation Notes in an amount to exceed $55.144 million.  (Pg. 95)

18. 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. (Pg. 98)

19. 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. (Pg. 110)
20. 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. (Pg. 121)

21. 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. (Pg. 131)

22. 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. (Pg. 141)

23. 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. (Pg. 151)

24. 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. (Pg. 161)

25. 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.  (Pg. 171)

26. 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.  (Pg. 181)

27. 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. (Pg. 191)

28. Communication from Mayor Summers regarding Amendment to Chapter 557 – Parade & Special Events. (Pg. 200)

29. 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. (Pg. 201)

30. Communication from Planning & Development Director Siley regarding Zoning Code Chapter 1143 – Error of Omission. (Pg. 203)

31. 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. (Pg. 204)

32. Communication from Planning & Development Director Siley regarding Leasing of space to the Community Health Center. (Pg. 208) 

33. 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. (Pg. 209)

34. Communication from Law Director Butler regarding Northeast Ohio Regional Sewer District Stormwater Service Agreement. (Pg. 212) 

35. 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.  (Pg. 213)

36. Communication from city Engineer Papke regarding 12550 Lake Avenue (Meridian) Erosion Protection – Resolution of Necessity. (Pg. 281)

37. RESOLUTION NO. 8851-16 – 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, declaring it necessary to construct and provide improvements to protect the northerly property line of the Merdian Condominium to provide, construct and install a revetment on the northerly property line by Lake Erie, at the Meridian Condominium located at 12550 Lake Avenue. (Pg. 282)

38. Liquor Permit Application for D5 and D6 Transfers to Barroco Grill 12906 Madison Avenue from Cappys Wine and Spirits; 309 W. Loveland Ave, Loveland, Ohio 45140. (Pg. 285)