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
MARCH 7, 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 Special Meeting of Council held February 11, 2016.

Reading and disposal of the minutes of the Regular Meeting of Council held February 16, 2016.

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

****OLD BUSINESS**** 

1. Committee of the Whole Report regarding March 7, 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, 2/16/16) (Pg. 8)

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, 2/16/16) (Pg. 9)

4. 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.  (Read 2/16/16 & referred to Committee of the Whole) (Pg. 10)

5. Finance Committee Report regarding Bond/Note Ordinance Nos 5, 6, 7, 8, 9, 10, 11, 12, 12, 14-16, 19-16, 20-16 . (To Be Provided) Mr. Bullock, Chair

6. 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. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 5-16 1^st Reading & Referred to Finance Committee 2/1/16, 2^ND READING 2/16/16) (Pg. 14)

7. 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. (1^st Reading & Referred to Finance Committee 2/1/16, 2^ND Reading 2/16/16) (Pg. 26)

8. 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 1^ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16, 2^nd READING 2/16/16) (Pg. 37)

9. 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 1^ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16, 2^ND READINDG 2/16/16) (Pg. 47)

10. 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 1^ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16, 2^nd READING 2/16/16) (Pg. 57)

11. 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 1^ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16, 2^nd READING 2/16/16) (Pg. 87)

12. 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 1^ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16, 2^nd READING 2/16/16) (Pg. 77)

13. 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 1^ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16, 2^nd READING 2/16/16) (Pg. 87)

14. 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 1^ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16, 2^ND READING 2/16/16) (Pg. 97)

15. 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 1^ST READING & REFERRED TO THE FINANCE COMMITTEE 2/1/16, 2^ND READING 2/16/16) (Pg. 107)

16. 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”). (PLEASE SUBSTITUTE for Ordinance No. 19-16 ; 1^st Reading and REFERRED to the Finance Committee 2/16/16) (Pg. 116)

17. 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. (FIRST READIGN & referred to finance committee 2/16/16) (Pg. 119)

18. Public Works Committee Report regarding Resolution 8851-16. (Pg. 121)

19. 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. (Read & REFERRED TO THE PUBLIC WORKS COMMITTEE 2/1/16) (Pg. 122)

20. Rules & Ordinances Committee Report regarding Ordinance 15-16. (To Be provided)

21. 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 1^ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 2/1/16, 2^ND READING 2/16/16) (Pg. 125)

22. Communication from Planning & Development Director Siley regarding Planning Commission approval of 2-16. (Pg. 127)

23. 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, 2^ND READING 2/1/16)(Pg. 128)

24. Communication from Planning & Development Director Siley regarding Planning Commission approval of Substitute Ordinance 16-16. (Pg. 165)

25. 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. (PLEASE SUBSTITUTE for ORDINANCE 16-16 PLACED ON 1^ST READING & REFERRED TO THE PLANNING COMMISSION 2/1/16, 2^nd READING 2/16/16) (Pg. 166)

26. ORDINANCE NO. *18-16 (*Assigned Number changed due to duplication) 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. (1^ST READING & REFERRED TO PUBLIC WORKS COMMITTEE 2/16/16) (Pg. 170)

27. ORDINANCE NO. *21-16 (*Assigned number changed due to duplication) – 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. (1^st READING 2/16/16) (Pg. 174)

****NEW BUSINESS**** 

28. Communication from Councilmembers Marx and O’Leary regarding Supporting Cuyahoga County Health & Human Services Levy March 15, 2016. (Pg. 176)

29. RESOLUTION NO. 8853-16 – A RESOLUTION supporting Issue 23, the Cuyahoga County Health & Human Services Renewal Levy 2016. (Pg. 177)

30. Communication from Councilmembers Marx, Anderson, Bullock and Litten regarding Lakewood Library 5 Star Rating. (Pg. 178)

31. RESOLUTION NO. 8854-16 – A RESOLUTION to congratulation Lakewood Public Library on being awarded once again a perfect five star rating from the Public Library Service. (Pg. 180)

32. Communication from Councilmember Marx regarding Supporting Cuyahoga County Health & Human Services Levy March 15, 2016. (Pg. 181)

33. Communication from Councilmember Marx regarding Animal Safety and Welfare Advisory Board appointment. (Pg. 181)

34. Communication from Councilmember Nowlin regarding Appointment to Animal Safety and Welfare Advisory Board. (Pg. 182)

35. RESOLUTION NO. 8855-16 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of five members of Council, or otherwise to take effect at the earliest period allowed by law, providing that the petition for referendum with respect to Ordinance No. 49-15 be submitted to a vote of the electors of the City of Lakewood at the ___________________, 2016, __________ election, pursuant to Article XXI of the Second Amended Charter of the City of Lakewood. (Pg. 183)

36. Communication from Planning & Development Director Siley regarding Sale of vacant land. (Pg. 185)

37. ORDINANCE NO. 22-16 – 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 enter into an agreement with a licensed real estate broker to marked for sale the real property located at 1252 Westlake Avenue, vacant lot associated with 1589 Newman Avenue, 1589 Newman Avenue, 1635 Hopkins Avenue, and 1214 Gladys Avenue for a period of 120 days, pursuant to Section 155.07 of the Codified Ordinances. (Pg. 186)

38. Communication from Planning & Development Director Siley regarding Asbestos Abatement and Demolition – Hilliard Theater Property. (Pg. 188)

39. RESOLUTION NO. 8856-16 – 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 agreement for the provision of asbestos abatement and demolition services related to the Hilliard Theater in an amount not to exceed $1,000,000. (Pg. 189)

40. Communication from Fire Chief Gilman regarding Severe Weather Awareness Week. (Pg. 191)

41. RESOLUTION NO. 8857-16 – A RESOLUTION proclaiming March 20^th through march 26^th, 2016 as “Severe Weather Awareness Week.” (Pg. 192)

42. Liquor Permit application for a D1 transfer to Proper Pig Smokehouse, 17100 Detroit Avenue from JGN Enterprises; 950 Medina Road, Medina, Ohio. (Pg. 193)