Post on 20-Aug-2020
DOCKETOFA MEETING OF
THE LAKEWOOD CITY COUNCILTO BE HELD IN THE COUNCIL CHAMBERS
LAKEWOOD CITY HALL 12650 DETROIT AVENUE
JULY 5 2011
730 PM
The Regular Meetings of Lakewood City Council shall be held on the first and third Mondays of
each month at730PM 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 betransacted by Council will be available in the Clerks Office and both branches ofthe Lakewood
Public Library after noonon Friday before a Council meeting
Section 12108ofthe Codified Ordinances ofthe City ofLakewood establishes rules for the public to
followwhen speaking before Council
ADDRESSING COUNCIL The President may recognize anynonmember for addressing Councilon 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 ofthe chair said rulings not being opentodebate Exceptwith permission ofCouncil specifically given speakers shall be limited to five minutes No personwho has had the floor shall again be recognized until all others desiring an opportunity to speak have
been given an opportunity todo so
AGENDA ITEMS PROTOCOL
The Clerk will present the AGENDA ITEMS and Public Comment signin sheets to the President of
Council Speakers will be called to address Council by the Chair Fox Agenda items a person
wishing to speak must firstwrite his or hername address and agenda item number on the designatedsigninsheet in order to be recognized
PUBLIC COMMENT PROTOCOLPublic Comment will be welcomed at the end ofa Council Meeting on miscellaneous issues or issues
other than agenda items A person wishing to speak must first write his or her name address and
topic on the designated signin sheet in order to be recognized The forum is not designed to be a
question and answer session
Pledge ofAllegianceMoment ofSilenceRoll Call
Reading disposal ofthe Minutes ofthe Regular Meeting ofCouncil held June 20 2011
Reports legislation and communications from Members of Council the Mayor and other CityOfficials
OLDBUSINESS
1 Finance Committee Report regarding Ordinances No 9810A To Be Provided
2 ORDINANCEN09810A AN ORDINANCE to take effect immediately provided it
receives the affirmative vote of at least five 5 members of Council otherwise to take
effect and be in force after the earliest period allowed by law amending Ordinance 981Q
adopted December 22 2010 for the purpose of adding deleting and increasingcontracting authority for the Mayor the Director ofPublic Works the Director of Lawthe Director of Finance andor the Purchasing Manager to enter into contracts for
professional services and to advertise for bids and enter into contracts for thepurchase of
repair maintenance and operating supplies services and equipment as authorized by the
2011 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 PLACEDON 1sT READING REFERRED TO THE FINANCE COMMITTEE6611 PLACED
ON 2ND READING RECOMMENDED FOR ADOPTION62011Pg 6
3 ORDINANCE NO 3011 AN ORDINANCE to take effect immediately provided it
received the affirmative vote ofat least five 5 members ofCouncil it shall take effect
and be in force after the earliest period allowed by law approving the Tax Budget ofthe
City of Lakewood State of Ohio for the year 2012 and authorizing the filing of same
with the Cuyahoga County Fiscal Officer PLACED ON 1sT READING REFERRED
TO THE FINANCE COMMITTEE 6611 2ND READING RECOMMENDED FOR
ADOPTION62011 Pg 13
4 Public Works Committee Report regarding Resolution No 849811 Ordinances Nos 28
2911 To Be Provided
5 RESOLUTION NO 849811 A RESOLUTION declaring it necessary to improve Cityowned property in the Northeast Ohio Advanced Energy District by the acquisitoninstallation and equipping ofa special energy improvement project together with necessaryTappurtenances and work incidental thereto and declaring an emergency PLACED ON isREADING REFERRED TO THE PUBLIC WORKS COMMITTEE 6611 2NDREADING62011Pg 14
6 ORDINANCE NO 2811 An ordinance levying a special assessment to pay costs ofan
initial plan approved by the City in order to improve Cityowned property in the Northeast
Ohio Advanced Energy District by the acquisition installafion and equipping ofa specialenergy improvement project together with necessary appurtenances and work incidental
thereto and declaring an emergency PLACED ON 1 TREADING REFERRED TO
THE PUBLICWORKS COMMITTEE6611 2na READING62011Pg 18
7 ORDINANCE NO 2911 An ordinance determining to proceed to pay costs of an
initial plan approved by the City in order to improve Cityowned property in the
Northeast Ohio Advanced Energy District by the acquisition installation and equippingof a special energy improvement project together with necessary appurtenances and
work incidental thereto and declaring an emergency PLACED ON 1ST READING
2
REFERRED TO THE PUBLIC WORKS COMMITTEE66112READING62011Pg 20
8 ORDINANCE NO 3311 AN ORDINANCE to amend Section 35126 of the Codified
Ordinances Emergency During Heavy Snow Storms for the purpose of increasing the
snowfall amount in a 24hour period that is required to trigger a prohibition against parkingon City streets from two inches to four inches PLACED ON 1sT READING
REFERRED TO THE PUBLIC WORKS COMMITTEE62011Pg22
9 ORDINANCE NO 3411 AN ORDINANCE amending Chapter 50518 ofthe Codified
Ordinances Certain Animals Prohibited for the purpose of restoring a list ofanimals that
were prohibited under the previous Sanitary Code of the City of Lakewood PLACEDON 1sT READING REFERRED TO THE PUBLIC SAFETY COMMITTEE62011Pg 24
10 ORDINANCE NO 3511 AN ORDINANCE amending Section 50603 ofthe Codified
Ordinances Pit Bull Dogs or Canary Dogs Section 50608 Alternative ConfinementSection 50609 Hearing by Director ofPublic Safety Notice Section 50610 EvidenceSection 50611 Decision of the Director of Public Safety and Section 50613Disposition of Dangerous Animals for the purpose of clarifying the definitions and
hearing processes related to pit bull dogs canary dogs other dangerous dogs and vicious
dogs PLACED ON 1sT READING REFERRED TO THE PUBLIC SAFETY
COMMITTEE62011Pg 30
NEWBUSINESS
11 Communication from Councilmember Madigan regarding Commending Steel ValleyCredit Union Pg38
12 RESOLUTION NO 850211 A RESOLUTION expressing appreciation to the Steel
Valley Credit Union for their contribution in establishing the Lakewood Bike Rodeo
Program and authorizing the Mayor or his designee to accept a donation of money and
material in an amount estimated at100000 for ongoing support ofthe Lakewood Bike
Rodeo safety efforts Pg 39
13 Communication from Councilmember Anderson regarding Zoning Code evaluation
regarding drivethrough uses Pg40
14 Communication from Law Director Butler regarding Second Amended Charter
modernization enablingordinance Pg42
15 ORDINANCE NO 3611 AN ORDINANCE to take effect immediately provided it
receives the affirmative vote ofat least five 5 members ofCouncil or otherwise to take
effect at the earliest period allowed by law providing for the submission to the electors of
the City of Lakewood amendments to the Second Amended Charter of the City of
Lakewood in order to provide consistency within and modernize the language of the
Charter Pg 43
3
16 Communication from Police Chief Malley regarding Bulletproof Vest PartnershipProgram Pg 53
17 ORDINANCE NO 37ll A RESOLUTION to take effect immediately provided itreceived the affirmative vote of at least five 5 members of Council or otherwise or
otherwise it shall take effect and be in force after the earliest period allowed by lawauthorizing the Mayor as the Director ofPutrlic Safety to enter into an agreement with theUnited States Departrnent of Justice to accept funds from the Bureau of Justice
Assistance Bulletproof Vest Partnership Program in the amount of 32000 for the
replacement of52 bulletproof vests within the Division ofPolice Pg54
18 Communication from Police Chief Malley regarding Resolution forDARE ProgramFunding Pg56
19 RESOLUTION NO 850211 A RESOLUTION to take effect immediately provided it
received the affirmative vote of at least five 5 members of Council or otherwise or
otherwise it shall take effect and be in force after the earliest period allowed by lawauthorizing the Mayor as the Director ofPublic Safety to enter into an agreement with theOhio Attorney General to accept and expend funds for the CitysDrug Abuse ResistanceEducationDAREprogram in the amount of53570 to continue to educate young
people ofthe City ofLakewood as to the hazards ofalcohol and drugs Pg57
20 Communication from Assistant Planning Development Director Siley regardingProposed Community Reinvestment Area4 Pg59
21 RESOLUTIONNO850311A RESOLUTION to take effect immediatelyprovided itreceived the affirmative vote ofat least five 5 members ofCouncil or otherwise to takeeffect and be in force after the earliest period allowed by law implementing Sections373565 through 373570 ofthe Revised Code establishing and describing the boundariesofaCommunity Reinvestment Areain the City ofLakewood Pg 60
22 Communication from Assistant Planning Development Director SileyregardingCitizens Advisory Committee 2011 CDBG award revisions Pg64
23 Communication from Assistant Planning Development Director Siley regarding NSP II
Agreement for new construction at 2070 Down Avenue Pg 71
24 RESOLUTION NO 850411 A RESOLUTION to take effect immediately provided it
received the affirmative vote of at least five 5 members of Council or otherwise or
otherwise it shall take effect and be in force after the earliest period allowed by lawauthorizing a Development Agreement between the City ofLakewood and the County of
Cuyahoga Ohio to accept Neighborhood Stabilization Program II funds in an amount
estimated at 200000 for the development of vacant property located at 2070 Dowd
Avenue Lakewood Ohio Pg 72
25 Communication from Public Works Director Beno regarding Easement request from theBeck Center for traffic signals Pg 74
26 RESOLUTION NO 850511 AN RESOLUTION to take effect immediately providedit received the affirmative vote of at least five 5 members of Council or otherwise or
otherwise it shall take effect and be in force after the earliest period allowed by lawauthorizing the Mayor on behalf of the City of Lakewood to enter into agreementsnecessary to obtain an Easement from the Beck Center for the Arts owner ofthe propertylocated at 17801 Detroit Avenue Lakewood Ohio to place and maintain traffic controldevices on Beck Center property Pg 75
PLACED ON 1ST READING REFERRED TO THEFINANCE COMMITTEE 6611PLACED ON 2ND READING62071
5
ORDINANCE N0 9810A By
AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five 5 members of Council otherwise tol take effect and be in force after the earliestperiod allowed by law amending Ordinance 9810adopted December 22 2010 for the purposeof adding deleting and increasing contracting authority for the Mayor the Director of PublicWorks the Director ofLaw the Director ofFinance andor the Purchasing Manager to enter intocontracts for professional services and to advertise for bids and enter into contracts for thepurchase of repair maintenance and operating supplies services and equipment as authorized bythe 2011 Appropriation Ordinance and the Administrative Code of the City of Lakewood withthe lowest and best bidder or bidders or as otherwise provided bylaw
WHEREAS this Council desires to provide the authorization to the Mayor the DirectorofPublic Works the Director ofLaw the Director ofFinance andor the Purchasing Manager toenter into contracts for professional services and toadvertise forbids and enter into contracts forthepurchase of repair maintenance and operating supplies services and equipment as authorizedby the 2011 Appropriation Ordinance and the Administrative Code ofthe City ofLakewood withthe lowest and best bidder orbidders or as otherwise provided by law and
WHEREAS this Council by avote ofat least five 5 ofits members determines that thisordinance is an emergency measure and that this ordinance shall take effect at the earliest datepossible as set forth in ARTICLE III SECTONS 10 and 13 of the SECOND AMENDEDCHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediatepreservation of thepublic property health and safety and to provide for the usual daily operationof municipal departments in that delay could impair the Citys ability to provide necessaryservices in a timely manner now therefore
BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO
Section 1 That Section 1 of Ordinance 9810 adopted December 22 2010 currentlyreading as follows
That theMayor Director of Public Safety the Director of Public Works theDirector of Law the Director of Finance andor the Purchasing Manager be and are
hereby authorized and directed to enter into a contract or contracts for supplies servicesand equipment with the lowest and best bidder or bidders or as otherwise provided bylaw as follows
n
b
Professional services contracts included in the2011 Budget are as follows
1 Legal Services3000002 Recodification of Ordinances 125003 Financial Audit 700004 Hospitalization and Health Care Benefit Consulting Services 450005 Consultant forWorkers Compensation 400006 Risk Management Consulting Services 130007 Healthcare Physicals Drug Alcohol Testing 200008 Employee Assistance Program 100009 Supervisor ManagerEmployee Training 6500010 Exams for Classified Positions 7500011 Housing and Building Plans Examinations 1000012 Lakewood Jail Medical Services 7500013 Band Concerts 1500014 Cleveland State University Intern 2000015 Municipal Engineering Consultant 6000016 Energy Efficiency Conservation Consultant 5000017 Debt Issuance Costs 15000018 Forensic Services 35000
SubTotal 1065500
Services contracts included in the 2011 Budget are as follows
1 Government Agreements WEB 1050002 Government Agreements II 2000003 Financial Institution Service Charges 900004 Electronic Payment Services 500005 Property Liability Insurance Contracts 3500006 Workers Comp Stop Loss Insurance 1000007 Life Insurance 250008 Hospitalization and Health Care Benefit Services66000009 Medical Claims Billing Service 7500010 Sentenced Prisoners Full Jail Service 30000011 Home Delivered Meals 2850012 Distribution System Leak Survey 2500013 Disposal of Screening and GritWWTP 1300014 Excavation Spoils Disposal 10000015 Street Sweeping Catch Basin Debris Disposal 5000016 Solid Waste Disposal Site 90000017 Waste Collections Condominiums 7500018 Biosolids Disposal 5000019 Receiving and Processing Yard Waste 1200020 RollOffBox Construction Debris 4000021 Organic Waste Disposal 6500022 Crack Sealing Program 7500023 Equipment Lease LeafCollection Project 15000
2
24 Lab Analysis Service2600025 Citywide Computer Hrdwr Op Sys Software Maint Contracts30000026 Communications Services 6000027 Cox Fiber Network Maintenance 1000028 WaterMeter Program Maintenance 1000029 Telephone System Maintenance 1200030 Cellular Phone Service 5000031 Janitorial Services 1200032 Laundry ServicePolice Department 1000033 Towing Services 750034 HVAC Maintenance 4500035 Copier Maintenance Service 3000036 Postage Mailing Services EquipmentLeaseMaintenance 22500037 Rental and Laundry ofUniforms 1000038 Advertising 3500039 Printing Services 12500040 CRISLEADS Fees 3500041 Fireworks Display 3500042 RTA Shopper Service 1000043 Parking Citation Billing Service 15000
SubTotal10406000
Materials supplies and equipment authorized for purchase under the 2011 Budget are as
follows
1 Sand and Aggregate 400002 Concrete Supplies 500003 Asphalt Materials 450004 Asphalt Cold Patch 200005 Road Salt Sodium Chloride 3500006 Fire Hydrants Sewer and Water Appurtenances 1000007 Water Meter Supplies Materials 500008 Sign ShopSupplies Blanks Reflective Material 400009 Polymer Flocculants 2600010 Wastewater Treatment Chemicals 11900011 Tires and Road Service 6000012 Automotive Repairs Parts and Supplies 50000013 Oiland Lubricants 2500014 Fuel Supplies Gasoline and Diesel 60000015 Purchase ofUniforms and Gear 4000016 Electrical Supplies 4000017 Hazdwaze Supplies 3000018 Janitorial Supplies 4000019 Landscape Materials 1500020 Lumber Supplies 2500021 Plumbing Supplies 4000022 Pool Supplies Chemicals 30000
iv
3
23242526272829303132333435363738
Small Tools and EquipmentPrisonerFood SuppliesPurchase Uniforms Gear Safety Forces
AmmunitionOffice SuppliesComputer SuppliesComputer SoftwareCommunications EquipmentPaper SuppliesLease Copier EquipmentSubscriptionsPublicationsReforestationPolice Operating EquipmentFire Operating EquipmentComputer Operating EquipmentWaste Water Treatment Plant Operating Equipment
100000
60000500002500045000150002500040000250003500025000600005000050000100000105000
SubTotal 3095000
Total 14566500
Is hereby amended to read
That the Mayor the Director of Public Works the Director ofLaw the DirectorofFinance andor the Purchasing Manager be and are hereby authorized and directed toenterinto acontract or contracts for supplies services and equipment with the lowest and
best bidder orbidders or as otherwise provided bylaw as follows
Professional services contracts included in the2011 Budget are as follows
1 Legal Services 3000002 Recodification of Ordinances 125003 Financial Audit 700004 Hospitalization and Health Care Benefit Consulting Services 450005 Consultant for Workers Compensation 400006 Risk Management Consulting Services 130007 Healthcare Physicals Drug Alcohol Testing 200008 Employee Assistance Program 100009 Supervisor Manager Employee Training 6500010 Exams for Classified Positions 7500011 Housing and Building Plans Examinations 2000012 Lakewood Jail Medical Services 7500013 Band Concerts 1500014 Cleveland State University Intern2000015 Municipal Engineering Consultant6000016 EnergyEfficiency Conservation Consultant5000017 Debt Issuance Costs15000018 Forensic Services35000
SubTotal 1075500
Services contracts included in the 2011 Budget are as follows
1 GovernmentAgreements WEB 1050002 Government Agreements II 2000003 Financial Institution Service Charges 900004 ElectronicPayment Services 500005 Property Liability Insurance Contracts 3500006 Workers Comp Stop Loss Insurance 1000008 Life Insurance 250008 Hospitalization and Health Care Benefit Services 66000009 Medical Claims Billing Service 7500010 Sentenced Prisoners Full Jail Service 30000012 Home Delivered Meals 2850012 Distribution System LeakSurvey 2500013 Disposal of Screening and Grit WWTP 1300014 Excavation Spoils Disposal 10000015 Street Sweeping Catch Basin Debris Disposal 5000016 Solid Waste Disposal Site 90000017 Waste Collections Condominiums 7500018 Biosolids Disposal 5000019 Receiving and Processing Yard Waste 1200020 RollOffBox Construction Debris 4000021 Organic Waste Disposal 6500022 Crack Sealing Program 7500023 Equipment Lease LeafCollectionProject 1500024 Lab Analysis Service 2600025 Citywide Computer Hrdwr Op Sys Software Maint Contracts30000026 Communications Services 6000027 Cox Fiber Network Maintenance 1000028 Water Meter Program Maintenance 1000029 Telephone System Maintenance 1200030 Cellular Phone Service 5000031 Janitorial Services 1200032 Laundry ServicePolice Department 1000033 Towing Services 750034 HVAC Maintenance 4500035 Copier Maintenance Service 3000036 Postage Mailing Services EquipmentLeaseMaintenance 22500037 Rental and Laundry ofUniforms 1000038 Advertising 3500039 Printing Services 12500040 CRISLEADS Fees 3500041 Fireworks Display 3500042 RTA Shopper Service 1000043 Parking Citation Billing Service50000
ii5
SubTotal 10456000
Materials supplies and equipment authorized for purchase under the 2011 Budget are as
follows
1 Sand and Aggregate 400002 Concrete Supplies 500003 Asphalt Materials 450004 Asphalt ColdPatch 200005 Road Salt Sodium Chloride 3500006 Fire Hydrants Sewer and Water Appurtenances 1000007 Water Meter Supplies Materials 500008 Sign ShopSupplies Blanks Reflective Material 400009 Polymer Flocculants 2600010 Wastewater Treatment Chemicals 11900011 Tires and Road Service 6000012 Automotive Repairs Parts and Supplies 50000013 Oiland Lubricants 2500014 Fuel Supplies Gasoline and Diesel 60000015 Purchase ofUniforms and Gear 4000016 Electrical Supplies 4000017 Hardware Supplies 3000018 Janitorial Supplies 4000019 Landscape Materials 1500020 Lumber Supplies 2500021 Plumbing Supplies 4000022 Pool Supplies Chemicals 3000023 Small Tools and Equipment 10000024 Prisoner Food Supplies 6000025 Purchase Uniforms Gear Safety Forces 5000026 Ammunition 2500027 Office Supplies 4500028 Computer Supplies 1500029 Computer Software 2500030 Communications Equipment 4000031 Paper Supplies 2500032 Lease Copier Equipment 3500033 SubscriptionsPublications 2500034 Reforestation 6000035 Police Operating Equipment 5000036 Fire Operating Equipment 5000039 Computer Operating Equipment 10000040 Waste Water Treatment Plant Operating Equipment 105000
SubTotal3095000
Total 146265001 Jl
6
Section 2 That contracts for supplies services and equipment in excess of7500and for professional services in excess of5000 shall not be awarded except as approved hereinor further approved by Resolution ofCouncil
Section 3 It is found and determined that all formal actions of this Councilconcerning and relating to the passage of this ordinance were adopted in an open meeting ofthisCouncil and that all such deliberations ofthis Council and of any of its committees that resultedin such formal action were in meetings open to the public in compliance with all legalrequirements
Section 4 This ordinance is hereby declazed tobe an emergency measure necessaryfor the immediate preservationofthepublic peace property health safety and welfare in the
City and for the usual daily operation ofthe Cityfor the reasons set forth and defined in the
preamble to this ordinance and provided it receives theaffirmative vote ofat least five 5 ofmembers of Council this ordinance shall take effect and be in force immediatelyupon its
adoption by the Council and approval by the Mayor otherwise it shall take effect and be in forceafter the earliest period allowedby law
AdoptedPresident
Clerk
ApprovedMayor
7
PLACED ON 1ST READING REFERRED TO THEFINANCE COMMITTEE 6611PLACED ON 2ND READING62011
ORDINANCE NO 3011 BY
AN ORDINANCE to take effect immediately provided it received the affirmative vote ofat leastfive 5 members of Council it shall take effect and be in force after the earliest period allowed by law
approving the Tax Budget ofthe City ofLakewood State ofOhio for the year 2012 and authorizing the
filingof samewith the Cuyahoga County FiscalOfficer
WHEREAS this Council by a vote of at least five 5 of its members determines that thisordinance is anemergency measure and that this ordinance shall take effect at the earliest date possibleas set forth in ARTICLE III SECTONS 10 and 13 ofthe SECOND AMENDED CHARTER OF THECITY OF LAKEWOOD and that it is necessary for the immediate preservation ofthe public propertyhealth and safety and to provide for the usual daily operation ofmunicipal departments in that the Tax
Budget must be submitted to the CountyAuditorsOffice on or before July 20 2011 Now Therefore
BEIT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO
Section 1 That the annual Tax Budget submitted by the Director of Finance of the City ofLakewood showing the amount of money needed and the necessary expenditures in the various
departments ofthe municipality for the year 2012 be and the same is hereby approved and the Clerk ofCouncil is hereby ordered and directed to file the same with the Fiscal Officer of Cuyahoga Countypursuant to the statutesofthe State ofOhio
Section 2 It is found and determined that all formal actions of this Council concerning and
relating to the passage ofthis ordinance were adopted in an open meeting of this Council and that allsuch deliberations ofthis Council and any ofits committees that resulted in such formal action were in
meetings open to the public in compliance with all legal requirements
Section 3 This ordinance ishereby declared to be an emergency measure necessary for theimmediate preservation ofthe public peace property health safety and welfare in the Cityand for theusual daily operation ofthe City for the reasons set forth and defined in the preamble to this ordinanceand provided it receivesthe affirmative vote ofat leastfive5 ofmembers of Council this ordinanceshall take effectand be in force immediately upon its adoption by the Council and approval by the Mayoiotherwise itshall take effect and be in force after the earliestperiod allowed by law
Adopted
Approved
President ofCouncil
ClerkofCouncil
Mayor
PLACED ON 1ST READING REFERRED TO THEPUBLLIC WORKS COMMITTEE 6611SECOND READING62011
RESOLUTION N0 849811 RES BY
A resolufion declaring it necessary to improve Cityownedproperty in the Northeast Ohio Advanced Energy District by the
acquisifion installaion and equipping of a special energyimprovement project together with necessary appurtenancesandwork incidental thereto and declaring an emergency
WHEREAS Pursuant to Resolution No 843410 passed July 19 2010 thisCouncil has authorized the execution and delivery of a petition Petition and approved thePetition articles of incorporation and initial plan Plan of the City of Bedford City BedfordHeights City of Berea City of Brooklyn City of Brook Park City of Cleveland City ofCleveland Heights City of Euclid City of Fairview Park City of Garfield Heights City ofLakewood City ofParma City of SouthEuclid City ofUniversity Heights City ofWarrensvilleHeights Advanced Energy Special Improvement DistrictAdvanced Energy District TheAdvanced Energy District was approved by the Ohio Secretary of State and incorporated on
December 28 2010
WHEREAS The Petition signed by the each of the participafing political subdivisions inthe Advanced Energy District as owners individually or collectively as appropriate Owner or
Owners of one hundred percent of the area to be specially assessed for special energyimprovement projects developed within the Advanced Energy District requests that this Councillevy special assessments against the benefited City owned property included in the AdvancedEnergy District to pay costs of implementing the Plan and in particular costs of a special energyimprovement project as defined in Chapter 171001of the Ohio Revised Code to be acquiredinstalled and equipped by the Owner onCityowned land in the Advanced Energy District pursuantto its authority under Section 70105and Chapter 727 oftheRevised Code
NOW THEREFORE Be it resolved by the Council of theCity of Lakewood
SECTION 1 It is declared necessary to pay costs ofthe Plan and improve Cityownedproperty in the Advanced Energy District by the acquisition installation and equipping of a
special energy improvement project together with necessary appurtenances and work incidentalthereto
SECTION 2 The plans specifications profiles and estimate of cost of the specialenergy improvement project submitted by the Director ofPlanning and Development and now on
file in the office ofthe Clerk ofCouncil are approved The special energy improvement projectshall be made in accordance with such plans specifications and profiles
SECTION 3 This Council finds and determines thati the Plan previously approved bythis Council and the special energy improvement project are conducive to the public healthconvenience and welfaze of this City and the inhabitants thereof and further enhances and
improves the environment iithe lot and lands to be assessed as described in Section 4 hereofare specially benefited by the Plan and the special energy improvement project and iii the Plan
1 txS2S706v1
and the special energy improvement project owned by the City within the Advanced EnergyDistrict has been petitioned for by this City as Owner of one hundred percent of the area
specially benefited thereby and to be specially assessed for such Plan and public improvements
SECTION 4 As requested in the Petition A the whole cost of the special energyimprovement project less any payments from the First Suburbs Development Council or theOwner and received by the City shall be specially assessed in proportion to the benefits that mayresult from the special energy improvement project upon the lot and lands of the Ownerbenefited by the special energy improvement project pursuant to Section 70105 and Chapter 727of the Revised Code and B those special assessments the Special Assessments shall becollected in fifty semiannual installments The Owner requests that the last SpecialAssessments topay special energy improvement project costs be certified for collection in 2036The lot and lands ofthe Owner benefited by the Plan and special energy improvement project isdescribed as follows
Parcel No 1
Legal Description
Parcel 31214119
SECTION 5 The cost of the special energy improvement project shall be 365based upon the plans specifications profiles and estimate of cost of the special energyimprovement project now on file in the office of the Clerk of Council In accordance with thePefition the City acknowledges receipt from the Owner of 315 in payment ofthe costs ofthe special energy improvement project 50 shall be specially assessed in accordance withthis resolutionand the Petition
SECTION 6 The Clerk of Council shall maintain on file in his office for publicinspection the Special Assessments for the special energy improvement project heretoforedelivered tohim which Special Assessments have been prepared based upon the esfimate ofcost
ofthe improvements now on file in the office of the Clerk ofCouncil and in accordance with theprovisions ofthis resolution and thePetition
2J
aszso5i
SECTION 7 The Special Assessments shall be paid according to the following paymentschedule
YPar
2011 0
2012 0
2013 0
2014 0
2015 0
2016 0
2017 0
2018 0
2019 0
2020 0
2021 0
2022 0
2023 0
2024 0
2025 0
Yeaz
2026 0
2027 0
2028 0
2029 0
2030 0
2031 0
2032 0
2033 0
2034 0
2035 0
2036 50
SECTION 8 The City does not intend to issue securities in anticipation of the levy ofthe Special Assessments or collection of the Special Assessments in annual installments Nointerest shall be charged on the unpaid Special Assessments or paid on the special energy
improvement project as no securities will be issued in anticipafion of the levy or collection ofSpecial Assessments
SECTION 9 This Council finds and determines that all formal actions of this Counciland any of its committees concerning and relating to the adoption ofthis resolution were takenand that all deliberations of this Council and of any of its committees that resulted in thoseformal actions were held in meetings opento the public in compliance with the law
SECTION 10 This resolution is declared to be an emergency measure necessary for theimmediate preservation of the public peace health safety and property of the City and for the
further reason that the immediate effectiveness of this resolution is necessary to permit the
acquisition installing and equipping ofa special energy improvement project which is necessaryfor the Advanced Energy District to pursue a common Plan for special energy improvementprojects and which are urgently needed to generate clean renewable energy and improve theenvironment wherefore this resolution shall be in full force and effect from and immediatelyafter its adoption by the required number of votes otherwise at the earliest time permitted bylaw
1 tt452706v1
Vote on emergency clause yeas nays
Adopted 2011 as an emergency measure yeas nays
Attest
Clerk ofCouncil President ofCouncil
Approved 2011
Mayor
I hereby certify that the above is a true and correct copy of a Resolution adopted byCouncil on 2011
Attest
Clerkof Council
1a
4525706v1
PLACED ON 1ST READING REFERRED TO THE PUBLICkOLSrCOMMITTEE 6611 SECOND READING62011
ORDINANCE N0 2811 BY
An ordinance levying a special assessment topay costs of an initialplan approved by the City in order to improve Cityownedproperty in the Northeast Ohio Advanced Energy District by the
acquisition installation and equipping of a special energyimprovement project together with necessary appurtenances andworkincidental thereto and declaring an emergency
WHEREAS This Council has previously adopted on this date a resolutionResolution of Necessity declaring the necessity of paying costs of an inital plan Planwhich was approved by City Council in Resolution No 843410 passed July 19 2010 inorder to form the Northeast Ohio Advanced Energy District Advanced Energy District and to
acquire install and construct on Cityowned property in the Advanced Energy District the specialenergy improvement project described in Section 1 Improvements pursuant to Section 70105and Chapter 727 of the Revised Code and a petition of the owners of 100 of the area to beassessed Petition and in accordance with the Petition and the Resolution ofNecessity and anordinance previously passed onthis date Ordinance toProceed has determined toproceedwiththe Improvements and the levying of special assessments therefore prior to the commencement ofthe Improvements
NOW THEREFORE Be itordained by the Council ofthe City of Lakewood
SECTION 1 The special assessments to pay costs of the Plan and improve Cityowned property in the Advanced Energy District by the acquisition installation and equipping ofa special energy improvement project together with necessary appurtenances and workincidental thereto pursuant to the Resolution of Necessity amounting in the aggregate to
50 which were filed and are on file in the office ofthe ClerkofCouncil are adopted andconfirmed Those special assessments are levied and assessed uponthe lot and lands provided for inthe Resolution of Necessity in the respecfive amounts set forth in the schedule ofassessments on
file which special assessments are in proportion to the special benefits and are not in excess ofanystatutory limitation
SECTION 2 The special assessment against each lot or parcel of land shall bepayable in cash or by check within 30 days after the passage ofthis ordinance or at the option ofthe owner over aperiod oftwentyfive years in fiftysemiannual installments and with no interestpayable as there will be no securities issued in anticipation ofthe special assessments All cashpayments shall be made to the Treasurer ofthis City All special assessments remaining unpaid atthe expiration ofthose 30 days shall be certified bq the Clerk ofCouncil to the County Auditor as
provided by law to be placed on the tax duplicate and in accordance with the Petition and theResolufion ofNecessity shall be first certified for collection by the Clerk of Council in 2035 forcollection in 2036
SECTION 3 The Clerk of Council shall cause a notice of the passage of thisordinance to be published once in a newspaper ofgeneral circulation in this City and shall keep onfile in the office ofthe ClerkofCouncil the special assessments
1 t3
asssosi
SECTION 4 The Clerk ofCouncil shall deliver a certified copy of this ordinance tothe County Auditorwithin 20 days after its passage
SECTION 5 This Council finds and determines that all formal actions ofthis Counciland of any of its comrittees concerning and relating to the passage ofthis ordinance were takenand that all deliberations ofthis Council and of any ofits committees that resulted in those formalactions were held in meetings open tothe public in compliance with the law
SECTION 6 This ordinance is declared to be an emergency measure necessary forthe immediate preservation ofthe public peace health safety and property ofthe City and for thefurther reason that the immediate effectiveness of this ordinance is necessary to pernut theacquisition installing and equipping ofa special energy improvement project which is necessaryfor the Advanced Energy District to pursue a common Plan for special energy improvementprojects and which are urgently needed to generate clean renewable energy and improve theenvironment wherefore this resolution shall be in full force and effect from and immediatelyafter its passage by the required number ofvotes otherwise at the earliest time permitted by law
Attest
Vote on emergency clause yeas nays
Passed 2011 as an emergency measure yeas nays
ClerkofCouncil President ofCouncil
Approved 2011
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed byCouncil on 2011
Attest
Clerk ofCouncil
2
PLACED ON 1ST READING REFERRED TO THE PUBLICiCIAICS CONIlIITTEE6611 SECOND READING62011ORDINANCE N0 2911
ORD
An ordinance determining to proceed to pay costs of an initialplan approved by the City in order to improve Cityownedproperty in the Northeast Ohio Advanced Energy District by theacquisition installation and equipping of a special energyimprovement project together with necessary appurtenances andworkincidental thereto and declaring an emergency
WHEREAS This Council has previously adopted on this date a resolution theResolution ofNecessity declaring the necessity ofpaying costs of an initial plan Plan whichwas approved by City Council in Resolution No 843410 passed July 19 2010 inorder to improve Cityowned property in the Northeast Ohio Advanced Energy DistrictAdvancedEnergy District and to acquire install and construct onCityowned property in theAdvanced Energy District the special energy improvement project described in Section 1 theImprovements pursuant to Section 70105 and Chapter 727 ofthe Revised Code and a petitionofthe owners of100 ofthe area to be assessed Petition
NOW THEREFORE Be it ordained by the Council of the City of Lakewood
SECTION L It is determined to proceed to pay costs ofthe Plan approved by thisCity Council in the creafion of the Advanced Energy District and to acquire install and constructonCityownedproperty in theAdvanced Energy District the Improvements
SECTION 2 The Improvements shall be made in accordance with the provisions ofthe Resolution of Necessity and the Petition and with the plans specifications profiles andestimate ofcostpreviously approved and now on file in theoffice oftheClerkofCouncil
SECTION 3 All claims fordamages resulting from the Improvements that have beenlegally filed shall be inquired into after completion ofthe Improvements and the Director ofLawis authorized and directed to insfitute legal proceedings in a court of competent jurisdiction toinquire into those claims
SECTION 4 The portion of the cost of the Improvements to be assessed inaccordance with the Resolution ofNecessity and the Pefition shall be assessed in the manner andpursuant to the payment schedule set forth and onthe lot and lands described in that Resolution
SECTION 5 The estimated special assessments previously prepared and filed in theoffice ofthe Clerk ofCouncil are adopted
SECTION 6 The Clerk ofCouncil shall deliver a certified copy ofthis ordinance tothe County Auditorwithin 15 days after its passage
SECTION 7 This Council finds and determines that all formal actions ofthis Counciland any ofits committees concerning and relating to the passage ofthis ordinance were taken and
r
s2noai
that all deliberations of this Council and of any of its committees that resulted in those formalactions were held in meetings opento the public in compliance with the law
SECTION 8 This ordinance is declared to be an emergency measure necessary forthe immediate preservation ofthe public peace health safety and property ofthe City and for thefurther reason that the immediate effectiveness of this ordinance is necessary to permit theacquisition installing and equipping of a special energy improvement project which is necessaryfor the Advanced Energy District to pursue a common Plan for special energy improvementprojects and which are urgently needed to generate clean renewable energy and improve theenvironment wherefore this resolution shall be in full force and effect from and immediatelyafter its passage by the required numberofvotes otherwise at the earliest time permitted by law
Vote on emergency clause yeas nays
Passed 2011 as an emergency measure yeas nays
AttestClerk ofCouncil President ofCouncil
Approved 2011
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed byCouncil on 2011
AttestClerk ofCouncil
2l4525707v1
PLACED ON 1ST READING REFERRED TO THEPUBLIC WORKS COMMITTEE 62011
ORDINANCE NO 331i By
AN ORDINANCE to amend Section 35126 of the Codified Ordinances Emer
gency During Heavy Snow Storms for the purpose ofincreasing the snowfall amount ina 24hour period that is required to trigger a prohibition against parking on City streets
from two inches to four inches
WHEREAS currently the Lakewood Codified Ordinances provide for a parkingban on City streets where there is a snowfall of two inches or more in a24hour periodand
WHEREAS many residents of the City are required to utilize onstreet parking attheir residence orplace of employment and
WHEREAS City officials have determined that the current threshold of two
inches of snow in a 24hour period is too restrictive on these residents and a more realistic snowfall requiring aparking ban is four inches and
WHEREAS pursuant to the Constitution of the State of Ohio and the Ohio Revised Code municipalities have the power to enact laws that are for the health safetywelfare comfort and peace ofthe citizens ofthe municipality now therefore
BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO
Section 1 That Section 35126 of the Codified Ordinances Emergency During Heavy Snow Storms currently reading as follows
35126 EMERGENCY DURING HEAVY SNOWSTORMS
a Whenever during any period of twentyfour hours or lesssnow falls in the City or in a section thereofto a depthoftwoinches or more an emergency is declazed to exist in that sucha heavy snow storm constitutes aserious public hazazd impairing transportation the movement of food and fuel suppliesmedical caze fire health andpolice protection andother vitalfacilities ofthe City Such emergency shall continue until an
announcement by the Director of Public Safety that snow
plowing operations have been completed which announcement shall be made in the same manner as outlined in Section35127
b On streets posted as emergency snow ban streets an emer
gency shall exist without announcement as specified in Section 35127whenever two or more inches of snow has fallenwithin atwentyfour hour period and such emergency shallcontinue until plowing operations are completed or untiltwentyfourhours following the cessation ofsnowfall whichever is earlier
c On streets posted as 800am to400pmemergency streetsan emergency shall exist without announcement as specifiedin Sections 35127whenever two or more inches ofsnow accumulates prior to 800amofaspecific day and shall con
tinue until plowing operation are complete or until400pmthat day whichever is earlier
shall be and is hereby amended toread as follows
35126 EMERGENCY DURING HEAVYSNOWSTORMS
a Whenever during any period of twentyfour hours or lesssnow falls in the City or in a section thereof to a depth offourinches or more an emergency is declazed to exist in that suchaheavy snow storm constitutes a serious public hazard impairing transportation the movement of food and fuel suppliesmedical caze fire health and police protection and other vitalfacilities of the City Such emergency shall continue until an
announcement by the Director of Public Safety that snowplowing operations have been completed which announcement shall be made in the same manner as outlined in Section35127
b On streets posted as emergency snow ban streets an emergency shall exist without announcement as specified in Section 35127whenever four or more inches ofsnow has fallenwithin atwentyfour hour period and such emergency shallcontinue until plowing operations are completed or untiltwentyfourhours following the cessation ofsnow fall whichever is eazlier
c On streets posted as 800amto 400pmemergency streetsan emergency shall exist without announcement as specifiedin Sections 35127whenever four or more inches ofsnow accumulates prior to 800amofa specific day and shall continue until plowing operation are complete or until400pmthat day whichever is earlier
Section 2 It is found and determined that all formal actions ofthis Council concerning and relating to the passage of this ordinance were adopted in an open meeting ofthis Council and that all such deliberation ofthe Council and of any of its committeesthat resulted in such formal action were in meetings open to the public in compliancewith all legal requirements
AdoptedPresident of Council
Clerkof Council
ApprovedMayor
PLACED ON 1ST READING REFERRED TO TAEPUBLIC SAFETY COMMITTEE 62011
ORDINANCE NO 3411 BI
AN ORDINANCE amending Chapter 50518 ofthe Codified Ordinances Certain Ahimals Prohibited for the purpose of restoring a listofanimals that were prohibited under the previous Sanitary Code ofthe City ofLakewood
WHEREAS the Sanitary Code was updated in 2008 as a result ofthe city ofLakewoodcontracting with Cuyahoga County for the provision ofpublic health services and
WHEREAS certain animals that were prohibited under the former Sanitary Code werenot included in the prohibitions found in Chapter 505 Animals and Fowl and
WHEREAS it is important to the public health welfare and safety that these animals beprohibited due to the close proximity of homes to each other and the urban community thatmakes up the City ofLakewood and
WHEREAS pursuant to the Constitution ofthe State of Ohio and the Ohio Revised Codemunicipalities have the power to enact laws that are for the health safety welfare comfort andpeace ofthe citizens ofthe municipality now therefore
BEIT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO
Section 1 That Chapter 50518 ofthe Codified Ordinances Certain Animals Prohibited currently reading as follows
50518 CERTAIN ANIMALSPROHIBITED
a No person shall knowingly keep maintain or have inhis possession or
under his control within the City any dangerous or carnivorous wildanimal or reptile any vicious domesticated animal or any other animalor reptile with vicious or dangerous propensities except to the extentthat an exemption may be applicable pursuant to subsectionsc or dhereof
b For the purposes ofthis section there shall be an irrebuttable presumption that when kept or maintained within the City the animals listedbelow are considered dangerous animals to which the prohibition ofsubsection a hereof in the absence ofan exemption pursuant to subsectionsc or d hereof applies
1 All crotalid elapid andvenomous colubroid snakes
2 Apes Chimpanzees Pan gibbons hylobates gorillas Gorillaorangutans Pongo and siamangs Symphalanas
t
3 Baboons Papoi Mamillus
4 Bears Ursidae
5 Bison Bison
6 Cheetahs Acinonyxjubatus
7 Crocodilians Crocodilia
8 Constrictor snakes when fourteen feet in length or more
9 Coyotes Canis latrans
10 Deer Cervidae includes all members ofthe deer family for
example whitetailed deer elkantelope and moose
11 Elephants Elephas andLoxodonta
12 Foxes Canis wlpes
13 Gamecocks and otherfighting birds
14 Hippopotami Hippopotamidae
15 HyenasHyasnidae
16 Jagaars Panthera onca
17 LeopazdsPantherapazdus
18 LionsPanthera leo
19 Lynxes Lynx
20 Monkeys old world Cercopithecidae
21 Ostriches Struthio
22 Piranha fishChazacidae
23 Puma Felis concolor also known as cougarsmountain lions
and panthers
24 Rhinoceroses Rhinocerotidae
25 Shazksclass Chondrichthyes
26 Snow leopards Panthera uncia
27 Swine Suidae including Potbellied pigs
28 Tigers Panthera tigris
29 Wolves Canis lupusincluding wolfhybrids
5
30 All game birds water fowl chickens androosters
c Licensed pet shops menageries zoological gardens and circuses shall
be exempt from the provisions of subsections a and b hereof ifall of
the following conditions are applicable
1 The location conforms to the provisions of the City ZoningCode
2 All animals and animal quarters are kept in a cleanand sani
tary condition and so maintained as to eliminate objectionableodors
3 Animals are maintained in quarters so constructed as to pre
venttheir escape and
4 No person resides within fifty feet ofthe quarters in whichthe
animals are kept
d Notwithstanding any of the foregoing the Director of Public Safetymay grant a specific exemption on a temporary or permanent basisfrom any of the provisions of this section to any person with a legitimate scientific educational commercial or other purpose for maintain
ing theprohibited animals in accordance with the following provisions
1 Written application for exemption shall be filed by any person
desiring to obtain an exemption with the Director of Public
Safety The application shall state the applicants name ad
dress type and number ofanimals desired to be kept generalpurpose for which the animals will be kept and ageneral de
scription of provisions which will be made for safe sanitaryandsecure maintenance ofthe animals
2 The Director ofPublic Safety may grant deny or restrict the
terms ofanapplication for exemption provided however that
he shall take some official action on an application within 120
days ofits filing
3 In considering the merits of an application for exemption the
Director ofPublic Safety may cause one or more inspectionsofthe applicantspremises to be made by appropriate employees or representatives ofthe City and may alsorefer the application to persons who aze technically knowledgeable with re
spect to the animals involved for anadvisory opinion
4 In evaluating an application for exemption the Director of
Public Safety shall give consideration to the following criteria
A The experience and knowledge ofthe applicant rela
tive to the animals involved
B Whether the applicant has obtained afederal or state
permit relative to theanimals involved
F C7
C The relative danger safety and health risks to the
general public to personsresiding or passing near the
applicantspremises and to the applicant in connec
tionwiththe animals involved
D The provisions which have been or will be made for
the safe sanitary and secure maintenance ofthe ani
mals for the protection ofthe general public persons
residing or passing near the applicantspremises and
the applicant
E The provisions which have been or will be made to
protect the safety andhealth ofthe animals involved
F Any other logically relevant information
5 An application for exemption underthis subsectiond shall be
denied unless the Director ofPublic Safety determines that in
view of all the relevant criteria and any restrictions which he
may provide reasonably appropriate measures commensurate
with the degree of risk associated with the animals involvedhave been or will be taken to assure at least a minimum ac
ceptable level ofprotection from danger to the health and
safety of the general public persons residing or passing near
the applicants premises and the applicant
6 An exemption granted pursuant to this subsection d may be
withdrawn by action of the Director of Public Safety in the
event that the Director ofPublic Safety determines that there
has been a change in the conditions or assumptions under
which itwas originally granted or in the event that the applicant fails to comply with restrictions originally placed on the
exemption
e No exemption granted pursuant to any paragraph ofthis section shall be
construed nor is it intended by the City as aguaranty or warranty of
any kind whether express or implied to any person including without
limitation the general public persons residing or passing near the ap
plicantspremises or the applicant either in general or individually as
to the danger or lack thereof or degree ofrisk to health orsafety ofany
animal specifically or generally or any premises where any animal is
maintained or kept pursuant to such exemption
f Whoever violates any oftheprovisions ofthissection is guilty ofami
nor misdemeanor A separate offense shall be as deemed committed for
each day during or onwhich a violationoccurs or continues
shall be and is hereby amended to read as follows
50518 CERTAINANIIVIALS PROHIBITED
i
b For the purposes ofthis section there shall be an irrebuttable presump
tion that when kept or maintained within the City the animals listed
below are considered dangerous animals to which the prohibition of
subsection a hereof in the absence ofan exemption pursuant to subsectionsc ord hereof applies
6 Bovines Bovidae includes all members ofthe bovine familyfor example goats sheep bison andbuffalo
CheetahsAcinonyx jubatus
Crocodilians Crocodilia
Constrictor snakes when fourteen feet in length or more
Coyotes Canis latrans
11 Deer Cervidae includes all members ofthe deer family for
example whitetaileddeer elk antelope andmoose
12 Blephants Elephas and Loxodonta
li Foxes Canis vulpes
14 Gamecocks andotherfighting birds
IS Hippopotami Hippopotamidae
Horses Equidael includes all members of the horse familyfor example donkeys mules and zebras
Hyenas Hyaenidae
18 Jaguazs Panthera onca
19 Leopards Panthera pardus
Lions Panthera leo
21 Lynxes Lyme
22 Monkeys old world Cercopithecidae
Ostriches Struthio
Piranha fish Characidae
25 Puma Felis concolor also known as cougazs mountain lions
and panthers
26 Rhinoceroses Rhinocerotidae
271 Shazks class Chondrichthyes
Snow leopards Panthera uncia
I Swine Suidae includingPotbelliedpigs
30 Tigers Panthera tigris
Wolves Canis lupus including wolfhybrids
32 All game birds includin butnot limited to water fowl chick
ens and roosters ducks seese turkeys and common eeonother thana homine pigeon
Section 2 It is found and determined that all formal actions ofthis Council concern
ing and relating to the passage ofthis ordinance were adopted in an open meeting ofthis Counciland that all such deliberations of this Council and of any of its committees that resulted in suchformal action were in meetings open to the public in compliance with all legal requirements
Adopted
Approved
President of Council
ClerkofCouncil
Mayor
t3
PLACED DN 1ST READING REFERRED TO THE PUBLIC
SAFETY COMMITTEE 62011
ORDINANCE NO 35ll BY
AN ORDINANCE amending Section 50603 ofthe Codified Ordinances Pit Bull
Dogs or Canary Dogs Section 50608 Alternative Confinement Section 50609 Hearingby Director ofPublic Safety Notice Section 50610Evidence Section 50611Decisionofthe Director of Public Safety and Section 50613 Disposifion ofDangerous Animalsfor the purpose ofclarifying the definitions and hearingprocesses related topit bull dogscanary dogs other dangerous dogs and vicious dogs
WHEREAS Chapter 506 of the Codified Ordinances Dangerous and Vicious
Animals generally establishes the process of designation notice and hearing as to
whether adog is dangerous orvicious and the rules for disposing ofsuch animals and
WHEREAS the chapter was substantially altered with the passage of Ordinance
5808adopted July 21 2008 and
WHEREAS having engaged in due process related to Chapter 506 since the effective date of Ordinance 5808 the City deems it advisable to clarify the responsibilitiesand rights ofall parties to dangerous and viciousdog determinations hearings appealsand dispositions including resolving any ambiguities between the provisions of the chapter related to those dogs deemed dangerous or vicious because ofbehavior and those dogsdeemed dangerous or vicious because oftype and
WHEREAS pursuant to the Constitution of the State of Ohio and the Ohio Re
vised Code municipalities have the power to enact laws that are for the health safetywelfare comfort and peace ofthe citizens ofthe municipality now therefore
BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO
Section 1 That Section 50603 of the Codified Ordinances Pit Bull Dogs or
Canary Dogs currently reading as follows
50603 PIT BULLDOGS ORCANARY DOGS
a Allpit bull dogs and canary dogs Pero de PresaCanazio aze
deemed to be dangerous animals evenin the absence ofa heaz
ing by the DirectorofPublic Safety orhis or her designee
J U
b As used in this section pitbull dog means any Staffordshire
Bull Terrier American Pit Bull Terrier or American Stafford
shire Terrier breed ofdog any dog ofmixed breed whichhas
the appearance and characteristics ofbeing predominantly of
such breeds any dog commonly known as apit bull pit bull
dog or pitbullterrier oracombinationofany ofthese breeds
c As used in this section canary dogs or Perm de PresaCa
nario Dogs also include any dog ofmixed breed which has
the appearance and characteristics ofbeing predominantly of
suchbreed
d Inthe eventofadispute as to whetheror not adog is apitbull
dog acanary dog or some otherbreed the Director ofPublic
Safety or his or her designee shall make the determination
with or without a hearing and the burden ofproof that such
dog is not apitbull dog or canary dog shall beupon the owner
of custodian
shall be and hereby is amended to read as follows
50603 PIT BULLDOGS OR CANARY DOGS
a Notwithstanding the provisions of Section 50602A11a11 pitbull dogs and canary dogs Perm dePresaCanazio are deemed
to be dangerous animals 1c 1
b As used in this section pit bull dog means any Staffordshire
Bull Terrier American Pit Bull Terrier or American Stafford
shire Terrier breed ofdog any dog ofmixed breed which has
is a 11Fpredominantlyof one or more of such breeds or any dog commonly lmown
as apitbull pitbull dog or pitbull terrier as determined by an
Animal Control Officer
c As used in this section canary dogs or Perm de PresaCa
nario Dogs also include any dog ofmixed breed whichis hasf1predominantly of
suchbreed as determined by an Animal Control Officer
c a tT t t tn llapacd6a oaC aOgroa yi u
OnF 4 AA111Ll A
Section 2 That Section 50608 ofthe Codified Ordinances Alternative Con
finement currently reading as follows
50608 ALTERNATIVECONFINEMENT
C
a In lieuofan animal being impounded the Animal Control Of
ficer may direct that the animal be confined at the ownersor
custodiansexpense either in an approved veterinary facilityat the ownersor custodiansresidence or outside the City In
suchcase the owner or custodian shall not remove the animal
from the veterinary facility or residence or bring the animal
into the City without the prior written approval ofthe Animal
Control Officer and shall make the animal available for ob
servation and inspecfion by police officers and health officers
ofthe City includingthe Animal ControlOfficer
b The Animal Control Officer may have such impounded or
confined animal permanently identified by photo and other
identification
shall be and hereby is amended to read as follows
50608 ALTERNATIVE CONFINEMENT
a In lieu of an animal being impoundedursuant to Section
50607 theAnimal Control Officer may direct that the animal
beconfined at the ownersor custodiansexpense either in an
approved veterinary facility at the ownersor custodiansresidence or outside the City
Section 3 That Section 50609 ofthe Codified Ordinances Hearing byDirec
tor ofPublic Safety Notice currently reading as follows
50609 HEARING BY DIRECTOR OF PUBLIC SAFETY NOTICE
Within ten business days of an animal being impounded or confinedthe Director ofPublic Safety or his or her designee shall conduct a
hearing to determine whether or not the animal is a dangerous animal
or a vicious animal The City shall make residential service ofnotice
of the time place and purpose ofthe hearing at least three days before
the hearing upon the owner or custodian ofthe animal any person re
questing notice and any person known to have relevant knowledge or
information regazding the animal
shall be and hereby is amended to read as follows
50609 HEARING BY DIRECTOR OF PUBLIC SAFETY NO
TICE
a Within ten business days of an animal being impounded or
confinedpursuant to Section 50607or Section50608 theDi
rector ofPublic Safety or his or her designee shall conduct a
hearing to determine whether or notthe animal is a dangerousanimal or avicious animal The City shall make residentialservice ofnotice ofthe time place and purpose ofthe hearingat least three days before the hearing upon the owner or cus
j
todian of the animal any person requesting notice and any
person known to have relevant knowledge or information re
garding theanimal
b Within forty business days ofa dog bein deemed to be dan
erous pursuant to Section 50603 the Director of Public
Safety or his or her desienee shall conduct ahearine to deter
mine whether or not the doe is dangerous as defined by thatsection The City shall make residential service of such de
termination and the heazing date upon the owner or custodianofthe doe at least thirty days before the hearing The Cityshall provide the section of the Codified Ordinances under
which the dog has been deemed dangerous The notice shall
inform the owner or custodian that the doe must be removed
from the City within thirt30days ofa written decision of
the Director ofPublic Safety or his or her designee that the
do is apitbull dog orcanary dop unless suchremovaldate is
reasonably extended by the City for eood cause shown Onthe request of the City or the owner or custodian for goodcause shown the heazing date may be continued by the Direc
tor ofPublic Safety or his or her desienee Anorder to re
move adog from the City pursuant to this subsection shall bestaved pending anneal
c Within five business days of such hearing after consideringall substantial reliable and probative evidence accetend forreview the Director ofPublic Safety or his or her desgi ee
shall issue awritten decision making a finding as to whetherthe animal is dangerous or vicious as defined in this chapterand shall serve the decision upon all parties The decisionshall be a fmal order and may be appealed to acourt of com
petent jurisdiction
Secfion 4 That Section 50610 of the Codified Ordinances Evidence cur
rently reading as follows
50610 EVIDENCE
a The Director ofPublic Safety or his or her designee may hear
andconsider relevantevidence offeredby any person desiringto provide such evidence at a hearing to determine whetheror
not an impounded or confined animal is a dangerous animal or
avicious animal
b In making a determinafion as to whether or not such animal isa dangerous animal or a vicious animal the following evi
dencemay beconsidered
I Any previous history ofthe animal attacking bitingor causing injury to human beings or domestic ani
mals
2 The nature and extent ofall injuries inflicted and the
numberofvictims involved
S ti
3 The place where thebite attackor injury occurred
4 The presence or absence of any provocation for the
bite attack or injury
S The extent to which clothing or other property was
damaged ordestroyed
6 Whether ornot the animal exhibits any characteristicofbeing trained for fighting or attack or other evidence to show such training or fighting
7 Whether the animal exhibits characteristics of aggressive or unpredictable temperament or behavior inthepresence ofhuman beings or domestic animals
8 The manner in which the animal has been trainedhandled andmaintained by its owner or custodian
9 Any other relevant evidence concerning the animaland
10 Any other relevant evidence regarding the ability oftheowner or custodianor the City to protect thepublic safety ifthe animal is permitted to remain in the
City
c Within three business days of such hearing the Director ofPublic Safety or his orher designee shall issue awrittendecision based upon all ofthe facts known to the Animal ControlOfficer
shall be and hereby is amended to read as follows
50610 EVIDENCE
a The Duector ofPublic Safety or his or her designee may hearand considertwidenceoffered by any person desiringto providesuch evidence at ahearing to determine whether or
not an animal impounded or confinedpursuant to Section S06 07 or Section S06 08 is a dangerousanimal or a vicious animal
b Inmaking a determination as to whetheror not ansuelanimal
impounded or confined pursuant to Section 50607or Section50608is a dangerous animal or a vicious animal the follow
ing evidence maybe considered
C Within thrEtac tt a n og
uwbesin
ter8eAtany hearine held nursuant to SectionS0609bl theDirector ofPublic Safety or his or her desiegne may consider
any testimony ofor evidence submitted by the City theowneror custodian ofa doQ deemed daneerous or aveterinarian zo
olo ist snecialistor otherperson as to whetherthe dog is artbull dog or canary doe Comuetent credible evidence of theresults ofblooddrawndeoxyribonucleic acid testinu submitted by the owner or custodian ofthe doe shall be accetped as
evidence ofwhether the doe is anitbull doe orcanary dog
Section 5 That Section 50611of the Codified Ordinances Decision of theDirector ofPublic Safety currently reading as follows
50611 DECISION OF THE DHLECTOROFPUBLIC SAFETY
a Ifthe Director ofPublic Safety or his or her designee findsthat the animal represents acontinuing threat ofserious harmto human beings or domestic animals but that the publicsafety can be protected by the owner or custodian ofthe animal exercising reasonable control over the animal the decision of the Director ofPublic Safety or his or her designeeshall designate the animal to be adangerous anima
b Ifthe Duector ofPublic Safety or his or her designee fmdsthat theanimal represents a continued threatofserious harm tohuman beings or domestic animals and that the public safetycannot be protected by the owner or custodian ofthe animal
exercising reasonable control over the animal the decision ofthe Duector ofPublic Safety or his or her designee shall des
ignate the animal to be avicious animal
c Ifthe Director ofPublic Safety or his or her designee findsthatthe animal does not representacontinued threatofseriousharmto human beings or domestic animals the decision oftheDirector ofPublic Safety or his or her designee shall make no
designation ofthe animal and suchanimal shall bereleased toits owner orcustodian Such determination shall inno manner
alter whether such animal may thereafter be deemed to be a
dangerous animal or avicious animal under Section 50604
shall be and hereby is amended to read as follows
50611 DECISION OFTHE DIRECTOR OF PUBLIC SAFETY
Following anyhearine held pursuant to Section 50609al
a Ifthe Director ofPublic Safety or his or her designee fmdsthat the animal represents a continuing threat of serious harmto human beings or domestic animals but that the publicsafety can be protected by the owner or custodian of the animal exercising reasonable control over the animal the decision ofthe Director ofPublic Safety or his or her designeeshall designatethe animal to be adangerous animal
J
c Ifthe Director ofPublic Safety or his or her designee findsthat the animal does not representacontinued threat ofseriousharm to human beings or domestic animals the decisionoftheDirector ofPublic Safety or his or her designee shall make no
designation ofthe animal and suchanimal shall bereleased toits owneror custodian Such determination shall in nomanneralter whether such animal may tcbedeemed to be a
dangerous animal under Section3860450603
Section 6 That Section 50613 of the Codified Ordinances Disposition ofDangerous Animals currently reading as follows
50613 DISPOSITION OFDANGEROUS ANIMALS
a Unless the Director ofPublic Safety orhis or her designee after ahearing issues an order in accordance with theprovisionsofSection 50604 he or she shall issue an order for the owneror custodian to remove any dangerous animal from the Citywithinseven 7 calendardays after ahearing
b Ifthe owner or custodian ofthe dangerous animal files a notice of appeal of the Director ofPublic Safety or his or herdesigneesdecision with a court ofcompetent jurisdiction theorder ofthe Director ofPublic Safety or his or her designee toremove the dangerous animal from the City or to impose reasonable terms conditions and restrictions which the DirectorofPublic Safety or his or her designee deems are necessary to
protect thepublic health safety andwelfare shall notbe stayedpending the appeal
c Ifthe owner or custodian ofan impounded or confined dangerous animal wishes to reclaim and remove it from the Citythe Duector ofPublic Safety or his or her designee shall release it provided that the animal is taken to its new locationoutside the City immediately anddirectly upon its release Noperson to whom such animal is released shall fail to removethe animal immediately and directly from the City
shall be and hereby is amended to read as follows
50613 DISPOSITION OFDANGEROUS ANIMALS
Followineanv hearine held pursuant to Section 50609
a Unless the Director ofPublic Safety or his or her designee after ahearing issues an order in accordance with theprovisionsofSection 50604 he or she shall issue anorder for the owner
or custodian to remove any dangerous animal from the Citywithinseven 7 calendar days after ahearing
Section 7 It is found and determined that all formal acfions of this Councilconcerning and relating to the passage ofthis ordinance were adopted in an open meetingofthis Council and that all such deliberation ofthe Council and of any ofits committeesthat resulted in such formal action were in meetings open to the public in compliancewith all legal requirements
Adopted
Approved
President of Council
ClerkofCouncil
Mayor
I
Ilo
12650 DETROIT AVENUE44107 2165296055 FAX2162263650www onelakewootlmm
LakewooA Lity CouncilMARY LOUISEMADIGAN PRESIDENT
BRIANPOWERS VICE PRESIDENT
Council at LargeRYANNOWLINBRIAN E POWERS
MONIQUE SMITH
July 5 2011
Lakewood City Council
Lakewood OH 44107
Re Commending Steel Valley Credit Union
Dear Council
Ward CouncilWARDIDAVIDANDERSONWARD II THOMASBULLOCKWARDIIISHAWNJURISWARD NMARY LOUISE MADIGAN
Please join with me in acknowledging the Steel Valley Credit Union as a generous supporterof the annual Lakewood Bike Rodeo LakewoodsBike Rode continues to encouragebicycle safety among our youth advocating the wearing of helmets maintaining bicycles in
proper order and following traffic laws The encouragement and active support from our
business community especially the Steel Valley Credit Union is an integral part in earningLakewoodsreputation for a great place to raise a family
Your favorable review of the attached resolution would be appreciated
Sincerely
Mary Louise MadiganCouncilmember Ward 4
RESOLUTION NO BY
A RESOLUTION expressing appreciation to the Steel Valley Credit Union fortheir contribution in establishing the Lakewood Bike Rodeo Program and authorizing the
Mayor or his designee to accept a donation of money and material in an amountestimated at100000 forongoing support of the Lakewood Bike Rodeo safety efforts
WHEREAS the Steel Valley Credit Union made an exceptional contribution to
this endeavor by purchasing the Bike Rodeo Kit that provided City of Lakewood Divisionof Police with the necessary information to establish a Bike Rodeo Program and
WHEREAS the City of Lakewood Division of Police conducted the secondLakewood Bike Rodeo on June 11 2011 to encourage bicycle safety by conductinglessons in bicycle safety providing bicycle helmets and tips on keeping a bicycle in
proper condition and
WHEREAS the Steel Valley Credit Union is now in its second year of generosityand support of the Lakewood Bicycle Rodeo through involvement with planning theevent providing volunteers equipment and refreshments and a cash donation tosecure the future of this endeavor now therefore
BE IT RESOLVED BY THE CITY OF LAKEWOOD STATE OF OHIO
Section 1 The Mayor and Council on behalf of the City of Lakewood expresstheir sincere gratitude to Steel Valley Credit Union for their contribution to the anothersuccessful Bike Rodeo and Council authorizes the Mayor or his designee to accept a
donation valued at approximately100000consisting of a cash donation of 50000and additional supplies and equipment for ongoing support of the Lakewood BikeRodeo safety efforts
Section 2 It is found and determined that all formal actions of this Council
concerning and relating to the passage of this Resolution were adopted in an openmeeting of this Council and that all such deliberations of this Council and of any of itscommittees that resulted in such formal actions were in meetings open to the public in
compliance with all legal requirements
President
ApprovedMayor
I
12650 DETRDIiAVENUE 44107 2165296055 EAX 2162263650wwwonelakewootlcom
Lakewood City DountilMARYLOUISE MADIGAN PRESIDENT
BRIAN PDWERS VICE PRESIDENT
Council at LargeRYANNOWLINBRIAN EPOWERS
MONIQUE SMITH
June 29 2011
Lakewood City Council12650 Detroit Avenue
Lakewood Ohio 44107
RE Zoning Code evaluation regarding drivethrough uses
Members ofCouncil
Ward CouncilWARDIDAVIDANDERSONWARD II THOMAS BULLOCKWARDIIISHAWNJURISWARD IVMARY LOUISE MADIGAN
Since 2008 our city has been fortunate to realize millions of dollars of reinvestment along the
commercial districts ofMadison and Detroit Avenues In a densely populated city like Lakewood the
interface between these commercial districts and our communitysneighborhoods is always a
challenging balance
I have come to realize the Zoning Code is Lakewoodsmost significant development tool and
promotes and protects the public health safety convenience comfort prosperity and generalwelfare of the citizens of the City This assures the compatibility of uses and practices within
districts stabilizing said uses conserving property values and securing the most appropriate use of
land within the City
Through the work of our Boards and Commissions the City has in recent years been able to more
effectively manage the quality ofcommercial development while working to protect our residential
quality of life and character of Lakewood This has been achieved in part by evaluating and
updating the code to address development issues and opportunities and to ensure the best land use
tools are at the administrationsdisposal
As you are also well aware part ofa current and evolving discussion taking place in the communitypertains to the impact ofdrivethrough facilities on adjacent residential azeas and the character of our
commercial corridors I believe the time is right to be as proactive as possible in ensuring the tools
are in place to allow Lakewood to take a more direct role in shaping how the next generationof
7
Lakewood City Council
Zoning Code evaluation regardingdrivethrough uses
June 29 2011
Page Two
businesses within its major commercial districts should look feel and coexist with surrounding
neighborhoods
As such I write today to request assistance from the Director of Planning and Development and the
Planning Commission in evaluating the current code with respect todrivethrough facilities The goal
ofthis review would be to1 consider issues such as noise traffic hours ofoperation urban design
light trash pedestrian safety the development review process and whether the current code providesLakewood with the best developmendmanagement tools and 2 propose changes or alterations to the
code to create the best developmentmanagement tools possible
Please refer this communication to the Planning Commission forconsideration and study
Yours in service
David W AndersonCouncilman Ward 1
d
a
1j
orxnr
LAW DEPARTMENT
OFFICE OF PROSECUTION12fi50 DetroitAvenue Lakewood Ohio44117
2165296030 Faz 2162282514wwwonelakewoodcom
law@lakewoodahnet
July 5 2011
Lakewood City Council12650 Detroit Avenue
Lakewood Ohio 44107
KEVIN M BUTLERDIRECTOR OF LAW
RICHARD NEFFCHIEF PROSECUTOR
JENNIFER LMLADEKASSISTANT LAWDIRECTOR
SCOTTCLAUSSENASSISTANTLAW DIRECTOR
PAMELA ROESSNERASSISTANT PROSECUTOR
SALEH AWADALLAHASSISTANT LAWDIRECTOR
Re Second Amended Charter modernization enabling ordinance
Dear Members of Council
Following this communication is an ordinance that ifadopted would submit eight charter
relatedballot questions to the electorate atthe November 2011 general election
Each ballot question relates toone or more provisions in the Second Amended Charter that the
Law Department working in collaboration with Council PresidentMadigan charter expertsand Lakewood residents Stephen Davis andDr Larry Keller Mayor Summers and various cityofficials has determined are worthy ofrevision in the course ofmodernizing the charter and
clarifying its language Councilmembers may also recognize several ofthese suggestedcharter
changes from committee discussions in recentyears
The questions that would be submitted to the voters for approval maybe found in Section 14 ofthe ordinance and the preamble sets forth additional rationale for these suggested charter
changes Please refer the ordinance to an appropriate committee such as the Committee ofthe
Whole for further discussion and reflection with the understanding that the Board ofElections
must have these questions in hand by September 9 in order that they make it onto the Election
Day ballot
Thank you for your earnest and timely consideration oftheseproposals
Very trulyyoursfi
Kevin M Butler
rr
ORDINANCE NO BI
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 at the earliest period allowed by
law providing for the submission to the electors of the City of Lakewood amendments to the
Second Amended Charter of the City of Lakewood in order to provide consistency within and
modernize the language ofthe Charter
WHEREAS the Second Amended Charter is currently inconsistent with the Codified
Ordinances in certain circumstances and
WHEREAS while the Charter is a functional fundamental document upon which Cityactions are based it contains some language that is outmoded or inefficient within the context of
modern legislative and business practices and
WHEREAS while the Charter was written with clarity nearly throughout certain lan
guage stands to be clarified in order to obviate conflicts in interpretation and to better set forth
the will of the citizens ofthe City and
WHEREAS Article I Sections 2 and 3 stand to be amended in order to reflect that the
City may perform any actions permitted under the Charter and the Constitution of the State of
Ohio and
TIREAS Article II Section 7 is antiquated and stands to be amended toeliminate the
quasijudicial authority granted to the Mayor to compel witnesses compel production of evi
dence and make findings of contempt in the lviayorsinvestigation ofcity activities all of which
arefunctions reserved for the judiciary and
WHEREAS Article II Section 8 stands to be modernized in order to grant City Council
the authority todesignate the acting mayor ifthe Mayor is temporarily absent and to appoint the
interim mayor if the Mayorsoffice becomes vacant by death resignation or removal ensuringthat at all times the Mayor ofLakewood will be a qualified elector and
WHEREAS Article III Section 2 contains confusing wording and thus should be
amended to clarify that an election must be held to fill a vacant City Council position if the va
cancy occurs morethan two years and 105 days prior to the next election for that position and
J
WHEREAS Article III Section 5 Article III Section 8 Article XVI Section 9 and Ar
ticle XVII Section 3Notice should be amended to give the votes ofappointed Councilmembers
the same effect as those ofelected Councilmembers as the fiduciary responsibilities ofthe office
do not change merely by virtue ofhow the officeholder earned the Council position and
WHEREAS Article III Section 12 should be modernized to give the City more flexibili
ty in determining how and where to post notices ofofficial municipal actions particularly as the
practice ofphysically posting thousands ofpages of paper at places like the police headquartersand fire stations is one that is outmoded inefficient and wasteful in the digital era and
WHEREAS Article VII Section 2 should be amended only to clarify that the City may
use its home rule authority to limit as necessary the duties imposed upon its law director bythoseoutside our municipal government and
WHEREAS Article XVI Section 31 should be amended to include the city sewer system
among those municipal improvements that may be supported by the millage identified in that
section particularly as that type of flexibility is needed by the City while it responds to the se
wage and stormwaterrelatedenvironmental improvements sought by federal and state authori
ties and
WHEREAS pursuant to the Charter and the Constitutionof the State of Ohio Council byno less than twothirds approval of its members has determined to authorize and direct the
submission to the electors of the City ofLakewood the questions related to the charter changes
identified in this ordinance at the general election to be held on Tuesday November 8 2011
which election is not less than 60 nor more than 120 days from the effective date of this Ordin
ance and
WHEREAS this Council by a vote of at least five5 ofits members determines that this
ordinance is an emergency measure and that the ordinance shall take effect at the earliest date
possible as set forth in Article III Sections 10 and 13 of the Second Amended Charter ofthe
City ofLakewood and that it is necessary for the immediate preservation ofthe public propertyhealth and safety and to provide for the usual daily operation ofmunicipal departments in that
the deadline for submission ofmunicipal charter amendments to the Cuyahoga County Board of
Elections is Friday September 9 2011 now therefore
BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO at least two
thirds ofthe members of Council concurring
Section 1 This Council hereby determines to authorize and direct the submission to the
electors ofthe City ofLakewood at the general election tobe held atthe usual places ofvoting in
the City on Tuesday November 8 2011 the proposed amendments toArticle I Sections 2 and
3 Article II Sections 7 and 8 Article III Sections 2 5 8 and 12 Article VII Section 2 Article
XVI Sections 9 and 31 and Article XVII Section 3 ofthe Second Amended Charter ofthe CityofLakewood to provide modernization clarity and consistency within the Charter and to elimi
nate superfluous language
z4
Section 2 Upon approval of the electors Article I Section 2 of the Second Amended
Charter ofthe City ofLakewood Manner ofExercise shall be amended to read as follows
ARTICLEIPOWERS
Section 2 Manner ofExercise
All powers shall be exercised in the manner prescribed by this Charter
or ifnot prescribed herein then in such manner as shall beprovided by ordin
ance or resolution ofCouncila
Section 3 Upon approval ofthe electors Article I Section 3 of the Second Amended
Charter ofthe City ofLakewood Interpretation shallbe amended to read as follows
ARTICLEIPOWERS
Section 3 Interpretation
Words and phrases used in this Charter shall unless the context clearly
requires otherwise be interpreted in the same manner as provided in the Ohio
Revised Code relating to the interpretation ofthe statutes ofthe State As used
hi this Charter the term general law rae
as is that lawwhich cannot bealtered or
required by charter
Section 4 Upon approval of the electors Article II Section 7 ofthe Second Amended
Charter ofthe City ofLakewoodMayorsInvestigation shall be amendedto read as follows
ARTICLE IL TAE EXECUTIVE
Section 7 MayorsInvestigation
The Mayor may without notice cause the affairs ofany deparhnent or
the conduct ofany officer or employee to be examined The Mayor or any per
son or persons appointed by the Mayor tomexamine the affairs ofany de
partment or the conductofany officer or employe
1 L1F t ai1
t Fl U nMw 11z
Section 5 Upon approval ofthe electors Article II Section 8 of the Second Amended
Charter of the City of LakewoodActingMayor shall be amended to read as follows
ARTICLE II THE EXECUTIVE
Section 8 Acting and Interim Mayor
J s
A TG FC 4 tL F11s AA1
J
1 i FF 4 F 1 TlbaFT Tl
1Temporary Absence
When the Mayor is absent and inaccessible or is unable for any cause
to perform the duties oftheoffice ofMayor theperson designated by ordinance
or resolution ofCouncil shall be Acting Mayor until the Mayor resumes the of
fice
8c1 1
J
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UFan1 1elef11te a IacanC
in theOffice ofMayor
In the case of the death resignation or removal ofthe Mayor or the
Mayor ceasing to reside within the City Council shall appoint an Interim
Mayor Until the Council meets and appoints by a majority vote ofits mem
ment ofan Interim Mayor shall bemade within 601 days ofsuch vacancy
The term ofany Interim Mayor filling such a vacancy shall expire at
the end of the unexpired term ofthe former Mayor ifthat vacancy occurs two
2yPrt PhnrlrPrl fivr 1q51 riavc nr Iecc before the next regular elec
tion to be held for the officeofMayor or otherwise until his or her successor is
elected and qualified at the next regulaz municipal election Any vacancy that
results from a recall election shall be filled in the manner provided by Article
XXII ofthisCharter
i 1 1 F al 1olort LLlara1F
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F 1 l 1 to rcE F t o 1 1 F 1 Flepp
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Section 6 Upon approval ofthe electors Article III Section 2 of the Second Amended
Charter of the City ofLakewood Qualifications and Vacancies shallbe amended to read as fol
lows
Un
ARTICLE IH THE COUNCIL
Section 2Qualifications andVacancies
Each member ofCouncil shall have been for at least one 1 year im
mediately prior to the date oftaking office both a resident and qualified elector
ofthe City Each member ofCouncil elected from a ward ofthe City shall be a
resident of the wazd from which such member was elected All members of
Council shall continue to be residents and qualified electors ofthe City and if
eected or appointed from a wazd shall be and continue to be aresident ofthat
wazd Any member who ceases to possess such qualifications shall forthwith
forfeit his or her office Vacancies in Council shall be filled by the remainingmembers thereof provided that in the event Council does not so appoint a suc
cessorwithin sixty 60 days ofthe occurrenceofavacancy theMayor may fill
the vacancyn Uia cRer t r i
rr 1 Ft 6 h
a
The
term ofany annointee filline such a vacancy shall expire at the endofthe unex
ired term of the former Councilmember ifthat vacancy occurs two 21 yeazs
and one hundred five 105 days or less before the next reeulaz election to be
held for the office ofthe former Councilmember or otherwiseuntil his or her
successor is elected and qualified at the next reulazmunicipal election Anv
vacancy that results from a recall election shall be filled in the mannerprovided
by ArticleXXII ofthis Charter
Section 7 Upon approval ofthe electors Article III Section 5 of the Second Amended
Charter ofthe City ofLakewood Organization and Open Meetings shall be amended to read as
follows
ARTICLE HL THE COUNCIL
Section 5 Organization and Open Meetings
The Council shall be the judge ofthe election and qualification of its
members Amajority ofsmembers electedshallbe a quorum to do
business buta less number may adjourn from day to day and compel the atten
dance of absent members in such manner and under such penalties as may be
prescribed by ordinance The affirmative vote ofa majority ofthe acting mem
bers ofCouncil shall be necessary to adopt any ordinance or resolution and on
the passage thereofa vote shall betakenby yeas and naysand entered upon the
journal The Council shall determine its own rules and order of business and
shall keep ajournal ofits proceedings All meetings ofthe Council or commit
tees thereof shall be open fo the public except that Executive Sessions may be
held in accordance with the Ohio Revised Code Any citizen shall have access
to theminutes and records thereofat all reasonable times
Section 8 Upon approval ofthe electors Article III Section 8 of the Second Amended
Charter of the City ofLakewoodEnactment ofOrdinances and Resolutions shall be amended to
read as follows
5
ARTICLE III THE COUNCIL
Section 8 Enactment ofOrdinances and Resolutions
Eachproposed ordinanceor resolution shall beintroduced in written or
printed form and shall not contain more than one subject which shall be cleazly
stated in the title but general appropriation ordinances may contain the various
subjects and accounts for which moneys aze appropriated On the passage of
each ordinance or resolution the vote shall be taken by yeas and nays and en
tered upon the Journal No resolution of apermanent chazacter or ordinance
shall bepassed until it has been read bytitle only unless amajority shall requestthat itbe read in its entirety on three3 separate days unlessthe requirement of
reading on three 3 sepazate days has been dispensed with by atwothirds23vote ofallethemembersfcfCouncil taken by yeas andnays and en
tered upon the Journal but no ordinance or resolution shall under any circums
tances be adopted or passed unless ithas been read on three3 separate days
a which changes the amount of salary or compensation for any elected officer
ofthe City b which amends any zoning ordinance cwhich grants renews or
extends a franchise orother special privilege d which regulates the rate to be
chazged by apublic utility for its services The enacting clause ofall ordinances
passed by the Council shall be Be it ordained by the CiTy ofLakewood The
enacting clause of all ordinances submitted by the initiative shall be Be it or
dained by the people ofthe City ofLakewood No ordinance or resolution or
section thereofshall be revised or amended unless the new ordinance or resolu
tion contains the entire ordinance or resolution or section to be revised or
amended and the ordinance resolution section or sections so amended shall be
repealed
Section 9 Upon approval of the electors Article III Section 12 ofthe Second Amended
Charter ofthe City ofLakewoodPublication shall be amended to read as follows
ARTICLE III THE COUNCIL
Section 12 Publication
The Council may prescribe the manner ofgiving public notice of the
enactment of any and all ordinances resolutions or other acts procedures
statements including financial statements or reports required by law to be pub
lished or given provided however that such manner prescribed by Council
reouire thatnotice be iven for a period ofshall i
a i s rrnot less than fifteen 15 days
Section 10 Upon approval ofthe electors Article VII Section 2 ofthe SecondAmended
Charter of the City ofLakewood Duties Imposed by State Law shall be amended to read as fol
lows
ARTICLE VII DEPARTMENTOF LAW
Section 2 Duties Imposed byStateGeneralLaw
In addition to the duties imposed upon the Director of Law by this
Charter or required of him or her by ordinance the Director shall perform the
duties that are imposed upon city directors oflaw by general lawexcept as may belimited by Coun
cil
Section 11 Upon approval of the electors Article XVI Section 9 of the Second
Amended Charter ofthe City ofLakewood Damages Assessed shall be amended to read as fol
lows
ARTICLE XVL IMPROVEMENTS AND ASSESSMENTS
Section 9 Damages Assessed
Atthe time ofthe passage ofthe ordinance determining to proceed with
the improvement as hereinbeforeprovided Council shall determine whetherthe
claims for damages so filed shall be judicially inquired into before commencingor after the completionofthe proposed improvement When claims for damagesare filed within the time limited and Council having passed an ordinance for
making the improvement determines that the damage shall be assessed before
commencing it the Director ofLaw shall make awritten application for ajuryto a court ofcompetent jurisdiction or ajudge in vacation The court or judgeshall direct the summoning ofa jury in the mannerprovided for the appropriation ofproperty andfix thetime and place for fhe inquiry and the assessment of
such damages which inquiry and assessment shall be confined to such claim
The proceedings had relative to such inquiry and determining ofsuch damagesshall be in the mannerprovided by general laws for the appropriationofproper
ty to assess the amount ofdamage in each particular case When Council deter
mines to assess the damages after the completion ofthe improvement for which
a claim for damages has been filed as hereinbefore provided the Director of
Law shall withinten 10 days after thecompletion ofsuch improvement make
written application as hereinbefore provided in the case ofthe ascertainmentof
damages before the improvement was made and the same proceedings shall be
had No person who claims damages arising from any cause shall commence a
suittherefor against the City until be or she shall have filed a claim for such
damages with theDirector ofFinance andsixty 60 days shall have elapsedthe
reafter to enable the City to take such steps as it may deem proper to settle or
adjust the claim but this provision shall not apply to an application for an in
junction or otherproceeding to which it may be necessary for such applicant to
resort in case of urgent necessity No public improvement the cost or part of
cost of which is to be specially assessed on the owners ofproperty shall be
made without the wncurrence ofthreefourths of the members of Council
d unless the owners ofa majority of the foot frontage to be as
sessed petition in writing therefor in which event Council amajority oftheits
membersroconcuiring may proceed with the improvement in the
mannerprovided herein
Section 12 Upon approval of the electors Article XVI Section 31 of the Second
Amended Charter ofthe City ofLakewood Levy for Reconstruction Expansion Operation and
Maintenance ofa Sewage Disposal Plant shall be amended to read as follows
ARTICLEXVI IMPROVEMENTS AND ASSESSMENTS
Secrion 31 Levy for Reconstruction Expansion Operation and Mainten
anceofa Sewage Disposal Plant
Withoutprejudice to the use ofotherfunds from taxes or other sources
available for such purpose Council may levy a tax upon all real and personalproperty listed for taxation upon the tax list andduplicate at a rate not to exceed
two 2 millsoutside ofthe levies provided in Sections 29 and 30 ofthis Article
to provide a fund for the purpose offinancing the reconstruction expansion operation and maintenance of a sewage disposal plant and sewer system and the
capital needs ofstreet infrastructure municipal buildings parks and recreation
facilities
Section 13 Upon approval of the electors Article XVII Section 3 of the Second
Amended Charter ofthe City ofLakewood Notice shall be amended to read as follows
ARTICLE XVIL APPROPRIATION OF PROPERTY
Section 3 Notice
Immediately upon the adoption of such resolution for which but one
reading shall be necessary the Clerk ofCouncil shall cause written notice the
reof to be given to the owner person in possession thereofor having an interest
ofrecord in every piece ofland sought to be appropriated or to his or her autho
rized agent and such notice shall be served by aperson designated for the pur
pose and return made in the mannerprovided by law for the service and return
ofsummons incivil actions Ifsuch owner person or agent cannotbe found no
tice shall be given by publication once a week for three consecutiveweeks in a
newspaper ofgeneral circulation in the City andCouncilmay thereupon passan
ordinance by the vote oftwothirds ofall members thereofdi
recting such appropriation to proceed
Section 14 The Board ofElections ofCuyahoga County is hereby directed tosubmit the
following eight8 questions to the electors of the City at the general election on November 82011
Shall Article I Section 2 Manner of Exercise and Article I Sec
tion 3 Interpretation of the Second Amended Charter of the City of
Lakewood be amended to clarify that the City may perform all such actions
permitted by theCharter andthe Constitution oftheState of Ohio
Shall Article II Section 7 of the Second Amended Charter ofthe
City ofLakewood MayorsInvestigation be amended to eliminate the qu
asijudicial authority granted to the Mayor to compel witnesses compelproduction ofevidence andmake findingsofcontempt
Shall Article II Section 8 of the Second Amended Charter of the
City ofLakewood Acting Mayor be amended to grant City Council the
authority to designate an elector to serve as Acting Mayor ifthe Mayor is
temporarily absent and to appoint an elector to serve as Interim Mayor if
the Mayorsoffice becomes vacant by death resignation or removal
Shall Article III Section 2 ofthe Second Amended Charter of the
City ofLakewoodQuaications andVacancies beamended to clarifythat
8
an election must beheld to filla vacantCity Council position if the vacancy
occurs more than two years and 105 days prior to the next election for that
position
Shall Article IIISection 5 Organization and Open Meetings Ar
ticle III Section 8 Enactment ofOrdinances and Resolutions ArticleXVISecfion 9 Damages Assessed and Article XVII Section 3 Notice of the
Second Amended Charter of theCity of Lakewood be amended to give the
votes of appointed Councilmembers the same effect as those of elected
Councilmembers
ShallArticle III Section 12 ofthe Second Amended Charter ofthe
City ofLakewood Publication be amended to give theCity more flexibilityin determining how andwhere to post notices ofofficial city actions
Shall Article VIISection 2 ofthe SecondAmended Charter ofthe
City of Lakewood Duties Imposed by State Law be amended to clarifythatthe City may use its home rule authority to limit as necessary the du
ties imposed upon its LawDirector
Shall Article XVI Section 31 of the Second Amended Charter of
the City of Lakewood Levy for Reconstruction Expansion Operation and
Maintenance of a Sewage Disposal Piant be amended to include the citysewer system among those municipal improvements that may besupportedby the millage identified in thatSection
Section 15 The Clerk ofthis Council is instructed immediately to file a certified copy of
this Ordinance and the proposed form ofthe ballot questions with the County Board ofElections
not later than September 9 2011
Section 16 If the majority ofelectors vote in favor of adopting any or all of the above
stated amendments to the Second Amended Charter ofthe City ofLakewood they shall become
effectiveJanuary 1 2012
Section 17 This ordinance is hereby declared tobe an emergency measure necessary for
the immediate preservation of the public peace property health safety and welfare in the Cityand for the usual daily operation ofthe City for the reasons set forth and defined in the preambleto this ordinance and provided it receives the affirmative vote of at least five 5 members of
Council this ordinance shall take effect and be in force immediately upon its adoption by the
Council and approval by the Mayor or otherwise it shall take effect and be in force after the ear
liestperiod allowed by law
Section 18 It is found and determined that all formal actions ofthis Council concerningand relating to the passage of this ordinance were adopted in an open meeting of this Counciland that all such deliberations of this Council and ofany ofits committees that resulted in such
formal action were in meetings open to the public in compliance with all legal requirements
J j9
PRESIDENT
CLERK
MAYOR
io
c
IIjaea
12650 Detroit Avenue 44107
Timothy J Malley ChiefofPoliceDivision of Police
2165296750FAX2165217727
wwwonelakewoodcom
July 5 2011
Lakewood City Council12650 DetroitAve
Lakewood Ohio 44107
Dear Members of Council
The Lakewood Police Department has been notified that weare eligible for31590 in funds
from the Bureau ofJustice Assistance BulletproofVest Partnership Program The programwill provide 50 ofthe cost ofavest ina reimbursement We need to replace 52 BulletproofVests that have an expired life of5 years Funds are available from the Law Enforcement Trust
Fund for these purchases
Thank you for your consideration
Respectfully
Chie T all
J3
t
RESOLUTION N0 BY
A RESOLUTION to take effect immediately provided it received the affirmative
vote of at least five 5 members of Council or otherwise or otherwise it shall take
effect and be in force after the earliest period allowed by law authorizing the Mayoras
the Director of Public Safety to enter into an agreement with the United States
Department ofJustice to accept funds from the Bureau ofJustice Assistance
Bulletproof Vest Partnership Program in the amount of 32000 for the replacement of
52 bulletproof vests within the Division of Police
WHEREAS the City of Lakewood Division of Police has received an award in the
amount of nearly32000 from the US Department of Justice which will be used for
50 of the replacement cost of 52 bulletproof vests and
WHEREAS bulletproof vests have a life of five 5years so that award of these
funds greatly reduces the City of Lakewoodsfinancial obligation for the replacement of
the vests and
WHEREAS this Council by a vote of at least five 5 of its members determines
that this resolution is an emergency measure and that this resolution shall take effect
at the earliest date possible as set forth in ARTICLE III SECTONS 10 and 13 ofthe
SECOND AMENDED CHARTER OFTHE CITY OF LAKEWOOD and that it is necessary for
the immediate preservation of the public property health and safety and to provide for
the usual daily operation of municipal departments in that these funds are necessary to
replace vital equipment within the Division of Police Now therefore
BE IT RESOLVED BY THE CITY OF LAKEWOOD STATE OF OHIO
Section 1 That the Mayor as the Director of Public Safety is hereby authorized
to enter into an agreement with the United States Department ofJustice to acceptfunds from the Bureau of Justice Assistance Bulletproof Vest Partnership Program m
the amount of32000
Section 2 It is found and determined that all formal actions of this Council
concerning and relating to the passage of this resolution were adopted in an openmeeting of this Council and that all such deliberations of this Council and of any of its
committees that resulted in such formal actions were in meetings open to the public in
compliance with all legal requirements
Section 3 This resolution is hereby declared to be an emergency measure
necessary for the immediate preservation of the public peace property health safetyand welfare in the City and for the usual daily operation of the City for the reasons set
forth and defined in the preamble to this resolution and provided it receives the
affirmative vote of at least five 5 of members of Council this resolution shall take
effect and be in force immediately upon is adoption by the Counci and approval by the
J 3
Mayor otherwise it shall take effect and be in force after the earliest period allowed bylaw
AdoptedPresident
Clerk
ApprovedMayor
J Z
Ijy
Of XO
12650 Detroit Avenue 44107
Timothy J Malley ChiefofPolice
July 5th 2011
Lakewood City Council
Lakewood Ohio
RE Resolution forDARE Program Fundihg
Dear Members of Council
Divisionof Police
2165296750FAX2165296688
wwwonelakewoodmm
police@lakewoodohnet
DAREis a nationally recognized drug prevention education program which has been an important
city and school sponsored initiative in Lakewood since 1990 The DARE program helps students
avoid drugs and alcohol increases theirselfconfidence and teaches them howto effectively deal
with peer pressure Over 15000 students have participated in our DA RE program since its
inception
The Ohio Attorney General has notified the Lakewood Police Department of an award of5357053
to be used for salaries of officers instructing theDARE curriculum
The attached resolution supports the Division ofPolice grant application for state funding assistance
for the DARE program I respectfully ask your approval this evening so that we can continue to
provide our children with this very important drug and alcohol education program
Very ly your
ChiefrfothyJ y
Jbn
GJ
RESOLUTION N0 BY
A RESOLUTION to take effect immediately provided it received the affirmative
vote of at least five 5 members of Council or otherwise or otherwise it shall take
effect and be in force after the earliest period allowed by law authorizing the Mayor as
the Director of Public Safety to enter into an agreement with the Ohio Attorney General
to accept and expend funds for the Citys Drug Abuse Resistance EducationDAREprogram in the amount of53570 to continue to educate young people of the City of
Lakewood as to the hazards of alcohol and drugs
WHEREAS the Division of Police Police has operated the Drug Abuse
Resistance EducationDARE program since 1990 and
WHEREAS the Police are currently operatingDARE programs in all elementaryand middle schools within the City and
WHEREAS theDARE program has a positive influence on the young people of
the City through education as to the hazards of alcohol and drugs and
WHEREAS the number of students participating in and graduating from the
DARE program increases annually and
WHEREAS this Council by avote of at least five 5of its members determines
that this resolution is an emergency measure and that this resolution shall take effect
at the earliest date possible as set forth in ARTICLE III SECTONS 10 and 13 of the
SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for
the immediate preservation of the public property health and safety and to provide for
the usual daily operation of municipal departments in that the City of Lakewood has
received and award in the amount of53570 for the continued operation of the
DAREprogram from the Ohio Attorney Generals office and must return a singedagreement by July 5 2011 Now therefore
BE IT RESOLVED BY THE CITY OF LAKEWOOD STATE OF OHIO
Section 1 That the Mayor as the Director of Public Safety is hereby authorized
to enter into an agreement with the Ohio Attorney General to accept and expend funds
for the Citys Drug Abuse Resistance EducationDAREprogram in the amount of
53570
Section 2 It is found and determined that all formal actions of this Council
concerning and relating to the passage of this resolution were adopted in an open
meeting of this Council and that all such deliberations of this Council and of any of its
committees that resulted in such formal actions were in meetings open to the public in
compliance with all legal requirements
Jf
Section 3 This resolution is hereby declared to be an emergency measure
necessary for the immediate preservation of the public peace property health safetyand welfare in the City and for the usual daily operation of the City for the reasons set
forth and defined in the preamble to this resolution and provided it receives the
affirmative vote of at least five 5 of members of Council this resolution shall take
effect and be in force immediately upon its adoption by the Council and approval by the
Mayor otherwise it shall take effect and be in force after the earliest period allowed bylaw
Adopted
Approved
President
Clerk
Mayor
J CS
Ij
12650 DetroitAvenue 94107 216 5296630 FAX 216 5295936
www onelakewood comldevelopment
June 29 2011
Lakewood City Council12650 Detroit Avenue
Lakewood Ohio 44107
RE Proposed Community Reinvestment Area 4
Dear Members ofCouncil
DEPARTMENT OF PLANNING 8aDEVELOPMENT
The attached Resolution proposes the establishment ofa Community Reinvestment AreaCRAon the west side ofSloane Avenue along the Rocky River The 13 parcels within the proposedarea are zoned for high density residential and are currently occupied by a combination ofsinglefamilyhomes three ofwhich are currently for sale as a block and vacant lots
CRAsare a significant development tool that provides the City an ability togrant property tax
abatement as an incentive fornew development Previously Lakewood has established CRAs
for the Rockport and Rosewood developments and has a history ofusing communityreinvestment legislation dating back to 1978
As part ofthe a more comprehensive housing and development strategy CRA4 on Sloane
Avenue would helpposition the administration tomore effectivelymanage and guide highquality residential development onthese desirable water front properties Currently propertieswithin the identified areas are being closely evaluatedby developers
The proposed legislation today is the first step in a lengthy CRA establishmentprocess Uponpassing of the resolution and additional public notice the Director ofPlanning and Developmentis then authorized topetition the Ohio Department of Development to certify that the proposedCRA complies with all ofthe terms and conditions outlined in the Ohio Revised Code
Please refer to the Housing Committee for review and a recommendation
Respectfully
DruSiley
J
RESOLUTION NO By
A RESOLUTION to take effect immediately provided it received the affirmative vote ofat
least five 5 members of Council or otherwise or otherwise it shall take effect and be in forceafter the earliest period allowed by law implementing section 373565 through 373570of the
Revised Code establishing and describing the boundaries ofa Community ReinvestmentArea in the CityofLakewood
WIIEREAS Ohio Revised Code Sections 373565through 373570collectively theAct have
authorized counties or municipalities to designate areas as Community Reinvestment Areas for the
purpose of encouraging economic and community development in areas that have not enjoyedreinvestment by remodeling or new construction and
WHEREAS this Council desires to pursue all reasonable and legitimate incentive measures to
assist and encourage development ofnew residential housing within the City consistent with the Citysplanning and zoning needsreferred tobelow and
WHEREAS as required by Section 373566of the Ohio Revised Code a survey ofhousing theSurvey has been prepared for the area proposed to be included in the Community Reinvestment Area
designated in this Resolution and described and depicted in attached Exhibit A to this Resolution theArea and
WHEREAS the Survey shows the facts and conditions relating to existing housing in that
proposed Community Reinvestment Area including among other things evidence of deterioration and
lack ofnew construction in substantial portions ofthe Area and
WHEREAS the City has determined that there has been and is a shortage of new residential
housing within the City and the City therefore wishes to encourage the construction of new residential
housing within the Area and
WHEREAS Council hereby finds and determines that the construction of structures in the
Community Reinvestment Area consistent with the Citys land use requirements would serve to
encourage residential growth and stability maintain real property values and generate new employmentopportunities within the City and
WHEREAS there has been recommended to this Council the approval ofthe designation ofthe
proposed Community Reinvestment Area as a Community Reinvestment Area and this Council has been
apprised ofthe Survey and the facts and conditions relating to the Community Reinvestment Area and
this Council has determined that the construction ofnew housing facilities in the Area would serve to
encourage economic stability and growth maintain real property values and generate new employmentopportunities in the City and
WHEREAS the construction of new residential housing facilities in the CommunityReinvestment Area constitutes a public purpose for which real property exemptions may be granted and is
supported by the Survey and
JU
WHEREAS this Council by avote ofat least five5 of its members determines that this
resolution is an emergency measure and that this resolution shall take effect at the earliest date
possible as set forth in ARTICLE III SECTONS 10 and 13 of the SECOND AMENDED
CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for the immediate
preservation ofthe publicproperty health and safety and toprovide for theusual daily operationof municipal departments in that this legislation is necessary for the timely encouragement of
construction ofnew housing within the City NOW THEREFORE
BE IT ORDAINED BYTHE CITY OF LAKEWOOD STATEOF OHIO
SECTION 1 That based upon the aforesaid recommendations and the Survey and on this
Councils own knowledge ofthe facts and conditions existing in the proposed Community Reinvestment
Area this Council hereby fmds and determines that the area to be designated as CommunityReinvestment Area 4 constitutes an area in which housing facilities or structures of historical
significance are located and in which new construction or repair of existing facilifies has been
discouraged
SECTION 2 That pursuant to Section 373566of the Ohio Revised Code CommunityReinvestmentArea4 is hereby established as that Area described and depicted in attached Exhibit Ato
the Resolution
Only Qualified Residential Facilities including condominiums used consistent with the
applicable zoning regulations within Community Reinvestment Area 4 will be eligible to apply for
exemptions under this Resolution and commercial and industrial uses are not eligible to apply for
exemptions under this Resolution As used in this Resolution Qualified Residential Facilities shall
mean forsaleresidential units in aMultiple Family High Density District and shall not include residential
rental property
SECTION 3 That within Community Reinvestment Area4 new construction of residenfial
facilities including Qualified Residential Facilities is hereby declared to be public purposes and exemptfrom real property taxation as provided herein and in accordance with the procedures and requirements of
Section 373567ofthe Ohio Revised Code the exemptionperiods shall not more than ten 10 years
SECTION 4 That the percentage ofthe tax exemption on the increase in the assessed valuation
resulting from improvements to Qualified Residential properties shall be between fifty percent 50 and
one hundred percent 100 after completion and application
SECTION 5 That applications for abatement must be filed by the individual property owner
where the improvement is made to a dwelling containing less than two family units or an individual
condominium Only one application per project for abatement shall be submitted for common areas of
condominium buildings by the president ofthe association on behalf ofthe association if the property is
titled to the association or on behalf ofthe individual owners if the property is titled to the individual
owners
SECTION 6 That all projects in Community Reinvestment Area 4 seeking tax abatement
pursuant to this Resolution are required to comply with the State ofOhio application fee requirements of
Section3735672C ofthe Ohio Revised Code
O 12
SECTION 7 That to administer and implement the provision of this Resolution the CitysAssistant Housing Commissioner is designated as the Housing Officer as described in Sections 373565
through 373570ofthe Ohio Revised Code
SECTION 8 That the HousingOfficer shall verify that all work has been completed under proper
building permits and completed in compliance with all building codes zoning codes and any other
applicable laws
SECTION 9 That the Community Reinvestment Area Housing Council shall make an annual
inspection of the properties within the Area for which an exemption has been granted under Section
373567ofthe Ohio Revised Code The Housing Council shall also heaz appeals under Section373570of
the Ohio Revised Code and meetno less than once annually to fulfill the duties imposed by Ohio Revised
Code Section373569
SECTION 10 A copy ofthis Resolution shall be forwarded to the Cuyahoga County Auditorand a copy ofthis Resolution shall be published in a newspaper ofgeneral circulation in the City once a
weekfor two consecutive weeks immediately following its passage
SECTION 11 The Director of Planning and Development of the City is hereby directed and
authorized topetition the Director ofDevelopment ofthe State ofOhio to confirm the fmdings contained
within this Resolution and such petition shall be accompanied by a copyof this Resolution and by a mapof Community Reinvestment Area 4 which map shall describe Community Reinvestment Area 4 in
sufficient detail to denote the specific boundazies of such Area and shall indicate zoning restrictions
applicable to Commuhity Reinvestment Area4
SECTION 12 This Council hereby fmds and determines that all formal actions relative to the
passage of this Resolution were taken in an open meeting of this Council that all deliberations of this
Council and ofits committees ifany which resulted in formal action were taken in meetings open to the
public in full compliance with the applicable legal requirements including Section 12122ofthe Ohio
Revised Code
SECTION 13 This resolution is hereby declared to be an emergency measure necessary
for the immediate preservation ofthe public peace property health safety and welfare in the
City and for the usual daily operation ofthe City for the reasons set forth and defined in the
preamble to this resolution and provided it receives the affirmative vote ofat least five 5 of
members of Council this resolution shall take effect and be in force immediately upon its
adoption by the Council and approval by the Mayor otherwise it shall take effect and be in force
after the earliest period allowed by law
Adopted
Approved
President
ClerkofCouncil
Mayor
Exhibit A
Permanent Parcel Number 31114019
PropertyAadress Sloane Avenue Lakewood OH44107
Permanent ParcelNumber31114020
Property Address 1300 SloaneAvenue Lakewood OH 44107
PermanentParcelNumber 31114021
PropertyAddress 1302 SloaneAvenue Lakewood OH 44107
Permanent ParcelNumber 31114022
PropertyAddress 1308 SloaneAvenue Lakewood OH 44107
PermanentParcel Number 31114023
PropertyAddress 1312 Sloane Avenue Lakewood OH 44107
PermanentParcel Number31114024
PropertyAddress 1316Sloane Avenue Lakewood OH 44107
Permanent ParcelNumber 31114101
PropertyAddress SloaneAvenue Lakewood OH 44107
Permanent ParcelNumber 31114025
PropertyAddress 1322 SloaneAvenue Lakewood OH 44107
Permanent Parcel Number 31114099
PropertyAddress Sloane Avenue Lakewood OH 44107
PermanentParcel Number 31114026
PropertyAddress 1328 SloaneAvenue Lakewood OH 44107
PermanentParcel Number 31114027
PropertyAddress 1332 Sloane Avenue Lakewood OH 44107
Permanent ParcelNumber 31114028
PropertyAddress 1332 SloaneAvenue Lakewood OH 44107
Permanent ParcelNumber 31114029
PropertyAddress 135054SloaneAvenue Lakewood OH 44107
O4
IjI
oea
12650 Detroit Avenue 44107 216 5296630 FAX2165295936wwwonelakewoodcom
June 28 2011
Lakewood City Council
Lakewood OH 44107
RE Citizens Advisory Committee 2011 CDBG award revisions
Dear Members ofCouncil
DEPARTMENTOFPLANNING DEVELOPMENT
Attached are the revised funding recommendations from the Citizens Advisory
Committee for 2011 CDBG programs Annually in August and September the CAC meets
to assist the administration in making recommendations for the next years funding
allocation As you know at the beginning of June of this year HUD confirmed that
Lakewood would realize a 16 cut from the 2010 funding level which was double the
anticipated reduction
Based on the Council adopted resolution that created the CAC whenevera funding for a
program will change by more than 10than previously approved the Citizen AdvisoryCommittee must review the changes The CAC conducted a public hearing and meeting
on Monday June 27 2011 and the group came to the attached decisions which the
administration fully supports
The recommendations reflect careful consideration of the applications and Lakewoods
Local Objectives as outlined in the OneYear Action Plan and Consolidated Plan On
behalf of the administration our thanks to the CAC for the timely and efficient response
to these challenging issues
Please referthe attached legislation to the appropriate committee
Respectfully
i
Dru Siley
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12650 Detroit Avenue 44107 216 5296630 FAX 2165295936
www onelakewood comdevelopment
June 29 2011
Lakewood City Council12650 Detroit Avenue
Lakewood Ohio 44107
RE NSP IIAgreement for new construction at2070Dowd Avenue
Dear Members ofCouncil
DEPARTMENT OF PLANNING DEVELOPMENT
The attached resolution would grant the Mayor authorityto enterinto a development agreement with
Cuyahoga County and receive 200000 in Neighborhood Stabilization Program NSPII funds in support
of constructing a new singlefamilyhome in the Birdtown neighborhood
As you know in 2010 the Cuyahoga Land Reutilization Corporation County Land Bank was awarded
40 million in federal dollars to remediate the impact offoreclosed and abandoned properties in local
communities Lakewood along with the Cities ofCleveland Shaker Heights South Euclid East
Cleveland and Garfield Heights each have designated target areas where these funds canbe used The
eligible areas in Lakewood include the east end and Birdtown neighborhoods
The funding will be used to construct asinglefamilyhome in the historic Birdtown neighborhood at
2070Dowd This double lot is the site ofa former vacant and obsolete structure demolishedby the Citylast yearusing other Neighborhood Stabilization programfunds Theproposed structure designed by
Lakewood architect Charles McGetirick has been approved by the Architectural Board ofReview for its
design and will highly energy efficient and meet federal ADA requirements
Planning and Community Development staff have contacted the local Veterans Affairs office in the hopesofplacing an eligible veteran in this home AdditionallyPDstaffers have initiated conversation with
the Lakewood High School vocational program to assist with construction ofthe garage
Please refer to the Housing Committee for review and a recommendation
SinecrelY
Dru Siley
rCDocuments and SettingsDTS6486DesktopLetter to Council NSPII 063011doc
RESOLUTION N0 BY
AN RESOLUTION to take effect immediately provided it received the affirmative
vote of at least five 5members of Council or otherwise or otherwise it shall take
effect and be in force after the earliest period allowed by law authorizing a
Development Agreement between the City of Lakewood and the County ofCuyahogaOhio to accept Neighborhood Stabilization Program II funds in an amount estimated at
200000 for the development ofvacant property located at 2070 Dowd Avenue
Lakewood Ohio
WHEREAS 2070 Dowd Avenue was donated to the City of Lakewood by the
Center for Families and Children in 2009 and
WHEREAS structures on that property were razed by the City of Lakewood using
Neighborhood Stabilization Program Funds and
WHEREAS in order to put the property to aviable use and to meet the intent of
the Neighborhood Stabilization Program the City of Lakewood is seeking funding to
build a new home on the site and
WHEREAS the City of Lakewood has had plans drawn up and has bid out the
construction of the residential structure and
WHEREAS accepting this funding will allow the City of Lakewood to move
forward with the redevelopment of this residential property and allow the City to return
it to a tax generating parcel with a single family home and
WHEREAS this Council by a vote of at least five 5of its members determines
that this resolution is an emergency measure and that this resolution shall take effect
at the earliest date possible as set forth in ARTICLE III SECTONS 10 and 13 of the
SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary for
the immediate preservation of the public property health and safety and to provide for
the usual daily operation of municipal departments in that this easement is necessary to
construct a single family home on this vacant parcel during the 2011 construction
season Now Therefore
BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO
Section 1 That the Mayor on behalf of the City of Lakewood is herebyauthorized to enter into a Development Agreement between the City of Lakewood and
the County of Cuyahoga Ohio to accept Neighborhood Stabilization Program II funds in
r
an amount estimated at 200000 for the development ofvacant property located at
2070 Dowd Avenue Lakewood Ohio
Section 2 This resolution is hereby declared to be an emergency measure
necessary for the immediate preservation of the public peace property health safetyand welfare in the City and for the usual daily operation of the City for the reasons set
forth and defined in the preamble to this resolution and provided it receives the
affirmative vote of at least five 5 of members of Council this resolution shall take
effect and be in force immediately upon its adoption by the Council and approval by the
Mayor otherwise it shall take effect and be in force after the earliest period allowed bylaw
Section 3 It is found and determined that all formal actions of this Council
concerning and relating to the passage of this Resolution were passed in an open
meeting of this Council and that all deliberations of this Council and any of its
committees that resulted in such actions were in meetings open to the public and in
compliance with legal requirements
Adopted
Approved
President of Council
Clerk ofCouncil
Mayor
P
IjL or
July 5 2011
Lakewood City Council
RE Easement request from theBeck Center for traffic signals
DearMembers ofCouncil
JOSEPHJ BEND PEDIRECTOR OF PUBLIC WORKS
Please accept this request to apply for an easement from the Beck Center Due to other
underground utilities and the width of the sidewalk it has become necessary to ask the Beck
Center for an easement to place a traffic signal foundation on theirproperty instead ofwithin the
public rightofwayalong Detroit The City will have all necessary survey work performed and
present it to the Beck Center for their approval I have previously contacted the management at
theBeck Center tomake them aware ofthe situation and discussed options with them
Please refer to the appropriate committee for discussion ifnecessary
Sincerely
qa1
Joseph J Beno PE
wwwonelakewoodcom
DEPARTMENT OF PUBLIC WORKS12650 DETROIT AVENUE 44107 216529b804
RESOLUTION N0 BY
AN RESOLUTION to take effect immediately provided it received the affirmative
vote ofat least five 5 members of Council or otherwise or otherwise it shall takeeffect and be in force after the earliest period allowed by law authorizing the Mayor on
behalf of the City of Lakewood to enter into agreements necessary to obtain an
Easement from the Beck Center for the Arts owner of the property located at 17801Detroit Avenue Lakewood Ohio to place and maintain traffic control devices on Beck
Center property
WHEREAS 17801 Detroit Avenue Lakewood Ohio bearing Permanent ParcelNumber 31124039 is currently titled to the Beck Center for the Arts and
WHEREAS the City of Lakewood is the owner of the public right of way that
abuts the above property and
WHEREAS the City of Lakewood along with the Ohio Department ofTransportation is constructing signal upgrades on Detroit Avenue and an easement is
necessary to place traffic control devices and related equipment on property owned bythe Beck Center for the Arts and
WHEREAS this Council by a vote of at least five 5of its members determinesthat this resolution is an emergency measure and that this resolution shall take effectat the earliest date possible as set forth in ARTICLE III SECTONS 10 and 13 ofthe
SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary forthe immediate preservation of the public property health and safety and to provide forthe usual daily operation of municipal departments in that this easement is necessary to
complete the Detroit Avenue resignalization project Now Therefore
BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO
Section 1 That the Mayor on behalf of the City of Lakewood is herebyauthorized to enter into agreements necessary to obtain an Easement from the BeckCenter for the Arts owner of the property located at 17801 Detroit Avenue LakewoodOhio in substantially the form as attached in ExhibitA
Section 2 This resolution is hereby declared to be an emergency measure
necessary for the immediate preservation of the public peace property health safetyand welfare in the City and for the usual daily operation ofthe City for the reasons set
forth and defined in the preamble to this resolution and provided it receives the
affirmative vote of at least five 5 of members of Council this resolution shall take
1 J
effect and be in force immediately upon its adoption by the Council and approval by theMayor otherwise it shall take effect and be in force after the earliest period allowed bylaw
Section 3 It is found and determined that all formal actions of this Council
concerning and relating to the passage ofthis Resolution were passed in an openmeeting of this Council and that all deliberations of this Council and any of itscommittees that resulted in such actions were in meetings open to the public and in
compliance with legal requirements
Adopted
Approved
President of Council
Clerkof Council
Mayor
P
EASEMENT AGREEMENT
This Easement Agreement Agreement is entered into as of the day of
2011 by and between the Beck Cente E sGrantor of
Lakewood Ohio and the City ofLakewood Ohio a
WHEREAS Grantor is the fee title owner lands situat e City of
Lakewood Cuyahoga County Ohio fully
incorporated herein hereinafter referred to as the
WHEREAS Grantee desires to
related facilities to be located ona
NOW THEREFORE in
A attached hereto and
control devices and
Ten Dollars 1000 and other
valuable consideration received t full s Grantor and in further consideration of
Ethe covenants ises and ents set d ein the parties agree as follows
1 ereb d conveys to Grantee aperpetual nonexclusive easement
in under over u 4 across tion of the Premises outlined in Exhibit B attached
hereto and pThe Easement Area for the sole purpose of constructing
maintaining operating andor removing traffic control
but not limited to aboveground cables and wires splicing
electronic equipment cabinets crossconnect terminal boxes
bollards marker posts and signs and other related or useful equipment
including belowground foundations cables wires conduits ducts manholes and hndholes
and other related or useful equipment fixtures appurtenances and aboveground and below
ground facilities together with right to have electrical services extended to the Easement Area to
00852337 I
provide service to such facilities and the right to ingress andegress across the Easement Area for
the purpose ofaccess to and use ofthe easement granted herein
2 Grantee shall at its expense upon installing constructing operating inspecting
maintaining repairing or replacing the equipment and facilities
easement restore all property disturbed by such activities
disturbance
3 Grantee shall have the right to remove
Easement Area as is necessary toexercise the rights
4 Grantee agrees it will not seek to hold
agents liable or responsible for any actions
reason ofthe use ofthe Easement Areaby G
additional insured on any policy of i
Grantee for liability to third
Area
5
owner of the
conveyed hey
or
thsubject of this
ng prior tote
uees ana n m me
ors employees and
program of Grantee which covers
and activities upon the Easement
to the Grantee that Grantor is the true and lawful
full right and power to grant and convey the rights
bind and inure to the benefit of the parties hereto their
and assigns
herein granted shall runwith the land
WHEREOF each of the parties hereto has caused this Agreement to be
executed by its duly authorized representatives as set forth below
Signatures are on following pagej
Pj
00852337I 2
BECK CENTER FOR THE ARTSGrantor
By
Name
TitleaR
By
Name
or
type
type
OHIO
STATE OF OHIO
P sO
Name Michael P Summers
print or type
Title Mayor
print or type
00852337 1
ssCOUNTY OF CUYAHOGA
BEFORE ME a Notary Public in and for said County and State personally appeared theabovenamedwho acknowledged that heshe did sign the foregoing instrument and tha e s is hismer freeact and deed and the free act and deed ofthe BECK CENTER FOR T
IN TESTIMONY WHEREOF I have hereuntofit myOhio this day of 20
Public
Z3 Uoasszss i
STATE OF OHIOSS
COUNTY OF CUYAHOGA
BEFORE ME aNotary Public in and for said County and Stateabovenamed Micheal P Summers Mayor of the City of Lakewccorporation who aclrnowledged that he did sign the foregoingistrurneaafree act and deed and the free act and deed ofthe CITY OF a WO
IN TESTIMONY WHEREOF I have hereunt set myOhio this day of 20
appeared thea municipal
the same is his
at
008523371 5
EXI3IBIT A
Description ofEasement Area to be provided
d00852337 1