DOCKET OFA MEETING OF THE LAKEWOOD CITY COUNCIL TOBE HELD IN THE COUNCIL CHAMBERS LAKEWOOD CITYHALL...

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


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


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


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


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


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


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


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


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


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


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


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 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

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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

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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

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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

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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


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


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


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


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


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


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 Ohio

RE Resolution forDARE Program Fundihg


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


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 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


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


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


Jf





effect and be in force immediately upon its adoption by the Council and approval by the


Adopted

Approved

President

Clerk

Mayor

J CS

Ij

12650 DetroitAvenue 94107 216 5296630 FAX 216 5295936

www onelakewood comldevelopment

June 29 2011


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


PermanentParcel Number 31114023

PropertyAddress 1312 Sloane Avenue Lakewood OH 44107

PermanentParcel Number31114024

PropertyAddress 1316Sloane Avenue Lakewood OH 44107


PropertyAddress SloaneAvenue Lakewood OH 44107



Permanent Parcel Number 31114099

PropertyAddress Sloane Avenue Lakewood OH 44107




PropertyAddress 1332 Sloane Avenue Lakewood OH 44107




PropertyAddress 135054SloaneAvenue Lakewood OH 44107

O4

IjI

oea

12650 Detroit Avenue 44107 216 5296630 FAX2165295936wwwonelakewoodcom

June 28 2011


Lakewood OH 44107

RE Citizens Advisory Committee 2011 CDBG award revisions


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 Ohio 44107

RE NSP IIAgreement for new construction at2070Dowd Avenue


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


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 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


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





effect and be in force immediately upon its adoption by the Council and approval by the



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


Clerk ofCouncil

Mayor

P

IjL or

July 5 2011


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


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


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



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


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


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

DOCKET OFA MEETING OF THE LAKEWOOD CITY COUNCIL TOBE HELD IN THE COUNCIL CHAMBERS LAKEWOOD CITYHALL...

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Transcript of DOCKET OFA MEETING OF THE LAKEWOOD CITY COUNCIL TOBE HELD IN THE COUNCIL CHAMBERS LAKEWOOD CITYHALL...