The Regular Meetings of Lakewood City Council shall be ...Mar 20, 2017 · 11 % mil Council at...

DOCKET

OF A MEETING OF

THE LAKEWOOD CITY COUNCIL

TO BE HELD IN THE COUNCIL CHAMBERS

LAKEWOOD CITY HALL - 12650 DETROIT AVENUE

MARCH 20, 2017

7: 30 P.M.

The Regular Meetings of Lakewood City Council shall be held on the first and third Mondays of eachmonth at 7:30 P. M., except that when such meeting date falls on a holiday such meeting shall instead beheld on the following day. A Docket and Agenda of the business proposed to be transacted by Councilwill be available in the Clerk' s Office and on the City' s website www.onclakewood.com as soon after 4PM on the Friday before a Council meeting as possible.

Section 121. 08 of the Codified Ordinances of the City of Lakewood establishes riles for the public tofollow when speaking before Council:

ADDRESSING COUNCIL — The President may recognize any non - member for addressing Council onany question then pending. In such cases, the person recognized shall address the chair, state his or hername 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 andcomply with all rulings of the chair, said rulings not being open to debate. Except with permission ofCouncil specifically given, speakers shall be limited to five minutes. No person who has bad the floorshall again be recognized until all others desiring an opportunity to speak have been given an opportunityto do so.

AGENDA ITEMS PROTOCOL:

The Clerk at the beginning of the meeting will present the AGENDA ITEMS sign -in sheet to thePresident of Council. Speakers will be called to address Council by the Chair. A citizen must first writehis or her name, address and agenda item number on the designated sign -in sheet in order to berecognized.

PUBLIC COMMENT PROTOCOL:

The Clerk at the end of the meeting will present the PUBLIC COMMENT sign -in sheet to the Presidentof Council. Public Comment will be welcomed at the end of a Council Meeting on miscellaneous issuesor issues other than agenda items. A citizen must first write his or her name, address and topic on the

designated sign -in sheet in order to be recognized. The forum is not designed to be a question and answersession.

I. Pledge of Allegiance

II. Moment of Silence

III. Roll Call

Reading and disposal of the minutes of the Regular Meeting of Council held March 6, 2017.

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

OLD BUSINESS * * **

1. Committee of the Whole Report regarding Resolution 8823 -17. ( Pg. 5)

2. RESOLUTION NO. 8923 -17 A RESOLUTION to take effect immediatelyprovided it receives the affirmative vote of at least five (5) members of Council,

or otherwise to take effect and be in force after the earliest period allowed bylaw, authorizing the Mayor or his designee to enter into an agreement withUniversity Tees, inc. for an economic development grant, issued in the form ofannual rebates, for a total amount not to exceed one hundred thousand dollars

100, 000). ( REFERRED TO THE COMMITTEE OF THE WHOLE 3/ 6/ 17)

Pg. 6)

3. ORDINANCE NO. 17 -17 — AN ORDINANCE to expand Chapter 1159,

Planned Development, of the Zoning Code to permit planned developments inany zoning district and allowed any use so long as that use is sensitive to theformer permitted use and adjacent uses. ( Read & REFERRED TO

COMMITTEE OF THE WHOLE 2/21/ 17, ON 3/ 6/ 17 ORDINANCE 17 -17

WAS REPORTED OUT ON AND RECOMMENDED FOR ADOPTION

UPON THIRD READING) (Pg. 30)

4. Finance Committee Report regarding Ordinance 16 -17 & 45 -16A Mr. Bullock,

Chair. ( Report to be Provided)

5. ORDINANCE NO. 16 -17 — AN ORDINANCE to take effect immediatelyprovided it receives the affirmative vote of at least five members of Council, or

otherwise to take effect and be in force at the earliest period allowed by law, authorizing the transfer and advance of certain funds. ( READ & REFERRED

TO THE FINANCE COMMITTEE 2/ 21/ 17, 2ND READING 3/ 6/ 17) ( Pg. 53)

6. ORDINANCE 45 -16A — AN ORDINANCE to take effect immediatelyprovided it receives the affirmative vote of at least five ( 5) members of Council,

or otherwise to take effect and be in force after the earliest period allowed bylaw, to amend Ordinance No. 45 -16, adopted December 19, 2016 authorizingthe Mayor ( Director of Public Safety), the Director of Public Works, the

Director of Law, the Director of Finance, and /or the Purchasing Manager toenter into contracts for Memberships as authorized by the 2017 AppropriationOrdinance and the Administrative Code of the City of Lakewood, contracts notto exceed $ 60, 000 without separate Ordinance of Council. ( 1St READING &

REFERRED TO THE FINANCE COMMITTEE 3/ 6/ 17)( Pg. 55)

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7. Public Safety Committee Report regarding Resolution 8916 -17. Mr. O' Malley; Chair. ( To Be Provided)

8. RESOLUTION NO. 8916 -17 — A RESOLUTION to take effect immediatelyprovided it receives the affirmative vote of at least five members of Council, or

otherwise to talce effect and be in force at the earliest period allowed by law, toextend a moratorium on the granting of building permits or certificates ofoccupancy for any building, structure, use or change of use that would enablethe cultivation, processing, or retail sale of medical marijuana for a period notto exceed six months from the effective date of this resolution, in order to

allow Council and the Lakewood Planning Commission to review applicableOhio statutes, criminal codes and the Lakewood Zoning Code relative to suchuse. ( REFERRED TO THE PUBLIC SAFETY COMMITTEE 1/ 17/ 17,

INTERIM REPORT & DEFERRED 2/21/ 17) ( Pg. 62)

9. ORDINANCE NO. 15 -17 — AN ORDINANCE to take effect immediatelyprovided it receives the affirmative vote of at least five members of Council, or

otherwise to take effect at the earliest period allowed by law, to approve theediting and inclusion of certain ordinances as parts of the various componentcodes of the Codified Ordinances and to provide for the publication of such new

matter. ( 1St READ 2/ 21/ 17, 2ND READ 3/ 6/ 17) ( Pg. 65)

NEW BUSINESS * * **

10. Communication from Councilmember Marx regarding Community HealthNeeds Assessment. ( Pg. 67)

11. Communication from Councilmember O' Malley regarding Resolutionaffirming strong support for Medicare, Medicaid, and the Affordable Care Act. Pg. 68)

12.RESOLUTION NO. 8924 -17 — A RESOLUTION to take effect immediately, provided it receives the affirmative vote of five members of council, or

otherwise to take effect and be in force after the earliest period allowed by law, opposing attacks on the Affordable Care Act, Medicare, and Medicaid. ( Pg. 69)

13. Communication from Law Director Butler regarding 2017 -19 collectivebargaining agreement, dispatchers. ( Pg.71)

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14.RESOLUTION NO. 8925 -17 — A RESOLUTION to take effect immediatelyprovided it receives the affirmative vote of at least five members of Council, or

otherwise to take effect and be in force after the earliest period allowed by law, ratifying and authorizing the Mayor of the City of Lakewood, Ohio, to enterinto an agreement with the Fraternal Order of Police /Ohio Labor CouncilFOP /OLC), Inc. ( Dispatcher Unit), for a three -year period commencing

January 1, 2017 and ending December 21, 2019. ( Pg. 72)

15. Communication from Public Works Director Beno regarding AT &T Proposedeasements. ( Pg. 117)

16. ORDINANCE NO. 18 -17 — AN ORDINANCE authorizing the Mayor onbehalf of the City of Lakewood to enter into agreements necessary to grantthree Exclusive Easements to The Ohio Bell Telephone Company, d/ b /a AT &TOhio, for placement of and access to equipment used in the transmission of

signals used in the provision of communication, video and /or information

services on property located at 14740 Lakewood Heights Boulevard, Lakewood, Ohio ( PPN 314 -13 -060); 13029 Madison Avenue, Lakewood, Ohio315 -20 -003); and 14601 Detroit Avenue, Lakewood, Ohio ( 314 -04 -020) ( Pg.

118)

17. Communication from Fire Chief Gilman regarding Severe Weather AwarenessWeek. ( Pg. 128)

18. RESOLUTION 8926 -17 — A RESOLUTION proclaiming March 19 throughMarch

25th

2017 " Severe Weather Awareness Week." ( Pg. 129)

M

11 %mil

Council at Large

RYAN P. NOWLIN

THOMAS R. BULLOCK III

CINDY MARX

March 20, 2017

Lakewood City CouncilLakewood, Ohio 44107

12650 DETROIT AVENUE 44107 216/529 -6055 FAX 216/ 226 -3650w . onelakewood.com

Lakewood City CouncilSAMUEL T. O' LEARY, PRESIDENT

DAVID ANDERSON, VICE PRESIDENT

Ward Council

DAVID W. ANDERSON, WARD ISAM O' LEARY, WARD 2

JOHN LITTEN, WARD 3

DANIEL O' MALLEY, WARD 4

Re: Committee of the Whale Report Regarding Resolution 8923 -17

Dear Colleagues,

Committee of the Whole met on Monday March 13th to discuss proposed Resolution 8923 -17authorizing an agreement to provide University Tees with a $100,000 grant from the City' s economicdevelopment reserve fund. All members of the Committee were present as were Director Sylvester, CityPlanner Alex Harnocz and one member ofthe public. Director Sylvester gave a presentation reviewingthe highlights of the proposed agreement.

University Tees is a business that has been located in Lakewood' s Omni Building since 2009. Since thattime the business has greatly expanded from just 6 employees to 60. University Tees is in need ofadditional office space to accommodate its projected growth over the next 5 -6 years. The proposed grant

will provide University Tees with $100, 000, or one quarter of the cost oftheir project to develop newoffice space within the Omni Building. The grant will be paid out on a reimbursement basis andUniversity Tees must demonstrate that it has created 4 new FTE jobs for every $25, 000 it receives. Director Sylvester highlighted the benefits of the agreement to the City. It is expected that the City willrecoup the full amount of the grant within two years through payroll taxes paid by the business. Thegrant must only be used to pay for permanent improvements to the Omni Building, an investment inLakewood real estate benefitting the City and any future tenants in that space.

Councilmembers discussed the project and ultimately agreed that it was consistent with the goals of theeconomic development budget reserve fund. Before voting to recommend adoption, Councilmembersagreed to a change in the agreement that would clarify that University Tees must create the required newjobs in Lakewood. Move to receive and file this report.

Respectfully Submitted,

so_ Sam O' LearyPresident of Council -Ward 2

Committee of the Whole, ChairP5

REFERRED To THE COMMITTEE OF THE

WHOLE 3/ 6/ 17.

RESOLUTION NO. 8923 - 17 BY:

A RESOLUTION to take effect immediately provided it receives the affirmative vote of

at least five members of council, or otherwise to take effect at the earliest period allowed by law,

authorizing the Mayor or his designee to enter into an agreement with University Tees, Inc. foran economic development grant, issued in the form of annual rebates, for a total amount not to

exceed one hundred thousand dollars ($ 100,000.00).

WHEREAS, University Tees conducts its business at the Omni Building, 13000 AthensAvenue; and

WHEREAS, while the property remains structurally sound, it is in need of upgrades andrehabilitation in order to bring it to its highest and most productive use; and

WHEREAS, University Tees, Inc. has requested assistance in order to assist withrehabilitation of the building, including the erection of interior walls, installation of electricalupgrades, installation of plumbing upgrades, installation of HVAC equipment, installation ofwindows, and other improvements which represent a permanent investment in the buildingwhere they are a tenant, and will invest in excess of $400,000 into the rehabilitation of thebuilding; and

WHEREAS, this assistance will be provided in the form of rebates issued after permanent

improvement work is complete and job creation requirements are met as detailed in "Exhibit A"; and

WHEREAS, the City' s funding will be used for permanent improvements to the building, which would remain in place even if University Tees, Inc. ceased to operate and these permanentimprovements are therefore a benefit to both University Tees, Inc. and their landlord OmniLakewood, Ltd.; and

WHEREAS, this is an opportunity to help the property reach its highest and best use, toretain a top employer within the City, and to facilitate growth of a company which is aneconomic anchor in the Birdtown neighborhood; and

WHEREAS, this Council by a vote of at least five members thereof determines that thisresolution is an emergency measure, and that this resolution shall take effect at the earliest datepossible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the Cityof Lakewood, and that it provides for the usual daily operation of municipal departments in thatthe grant agreement should be executed immediately to allow improvements to the real propertyto begin; now, therefore

T.

BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO:

Section 1. The Mayor of Lakewood, or his designee, is hereby authorized to enter into anagreement with University Tees, Inc. for an economic development grant in an amount not toexceed One Hundred Thousand Dollars ($ 100, 000. 00) toward permanent improvements to the

facility located at 13000 Athens Avenue, Lakewood, Ohio 44107 ( Omni Building); saidagreement to contain such terms and conditions deemed necessary by the Director of Law toprotect the public interest and in substantially the same form as attached as " Exhibit A."

Section 2. It is found and determined that all formal actions of this Council concerning

and relating to the passage of this resolution were adopted in an open meeting of this Council,

and that all such deliberations of this Council and any of its committees that resulted in suchformal actions, were in meetings open to the public in compliance with all legal requirements.

Section 3. This resolution is hereby declared to be an emergency measure necessary forthe immediate preservation of the public peace, property, health, safety, and welfare in the City

and for the usual daily operation of the City for the reasons set forth and defined in the preambleto this resolution, and provided it receives the affirmative vote of at least five members of

Council, this resolution shall take effect and be in force immediately upon its adoption by theCouncil and approval by the Mayor, or otherwise it shall take effect and be in force after theearliest period allowed by law.

Adopted:

Approved:

President

Clerk

Mayor

al

Exhibit A

12650 Detroit Avenue • Lakewood, Ohio 44107 • ( 216) 529 -6630 • ( 216) 529 -5936 FAX

ECONOMIC DEVELOPMENT GRANT AGREEMENT

Between

The City of LakewoodAnd

University Tees, Inc.

THIS GRANT AGREEMENT (the " Agreement ") is entered into as of , 2017 by and betweenthe CITY OF LAKEWOOD ( the " City' or " Grantor "), an Ohio municipal corporation, and University Tees, Inc. a

for profit corporation located at 13000 Athens Avenue # 210 (or " Grantee ") duly organized and validly existing

under the laws of the State of Ohio, by and through its duly authorized representative.

WITNESSETH:

A. WHEREAS, the Borrower has requested an economic development grant (the " Grant ") to assist

with the purchase and installation of building materials and infrastructure to make permanentbuilding repairs and renovations to the building and site at 13000 Athens Avenue, PPN 315 -21- 002 (the " Project Site ");

B. WHEREAS, the City has determined that the project is an economic development project asexplained in the City of Lakewood Financial Policies and Guidelines adopted by Lakewood CityCouncil;

C. WHEREAS, University Tees, Inc. has requested assistance in order to complete afinancial package to assist with the rehabilitation of the building, including the purchase and

installation of building materials and infrastructure to make permanent repairs and renovationsto the Project Site; and

D. WHEREAS, The city' s funding will be used for improvements to the building and the site, recognizing this as an opportunity to help protect the property by securing the future of ananchor tenant, and providing long term stability of one of Lakewood' sthriving employmentcenters; and

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E. WHEREAS, the City desires to make the Grant to University Tees, Inc. so that the Grantee cancarry out its plans, subject to the terms and conditions of this Agreement as set forth below; and

F. WHEREAS, City Council adopted Resolution on approving the grant as describedbelow attached hereto as Exhibit A.

NOW, THEREFORE, in consideration of the mutual promises and covenants stated below and other

good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the City andUniversity Tees, Inc. agree as follows:

ARTICLE I — PROJECT

Section 1.01 Grant Proiect

Grantee shall undertake, or cause to be undertaken, the activities described in the Grantee' s proposal

application (collectively referred to as the " Project "), as more fully described in Exhibit B to this Agreement.

The Project shall consist of the purchase and installation of building materials and infrastructure to

make permanent building repairs and renovations to the building and site at 13000 Athens Avenue, PPN 315- 21 -002. The total rehabilitation cost of the Project shall be approximately $400,000

Section 1. 02 Sources and Uses of Funds for the Proiect

The total rehabilitation cost of the project is approximately $400,000 and shall be financed from thefollowing sources:

1) The Grant from City to Grantee which shall be in an amount not to exceed ($ 100,000) inaccordance with Article II and the other provisions of this Grant Agreement (the " Funds"

or " Grant Funds ").

2) Borrower equity in the amount of $300,000

The Grant shall be contingent upon the Borrower's procuring either a contract from a reputable lenderand /or showing documented evidence of the equity necessary to complete the work as outlined in Exhibit B.

Borrower shall not employ financing sources other than those identified above unless Borrower receives theprior written approval of the City.

Use of City Grant Funds

The Grant from the City to the Borrower ( "Grant Funds ") shall be in an amount not to exceed One HundredThousand Dollars ($ 100,000.00) in accordance with Article II and the other provisions of this Grant Agreement.

Such Grant Funds shall be used for:

the purchase and installation of building materials and infrastructure to make permanent buildingrepairs and renovations to the building and site at 13000 Athens Avenue. A more fully describedscope of work is included as Exhibit B.

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Section 1. 03 Timetable for Prolect Activities

Grantee shall perform the Project in accordance with the following overall schedule:

Activity Commencement Date Completion Date

Purchase and installation of building materials andFebruary 1, 2016 July 31, 2021

infrastructure per scope of work

Recognizing the incremental nature of this project, Grantee shall be allowed to submit invoices forqualifying expenses up to once a year. 25% of qualifying expenses will be rebated per submission, up to

100,000 as long as job creation goals are met.

Section 1. 04 Guarantee of Completion

Grantee unconditionally and irrevocably guarantees timely completion of the Project in accordancewith Section 1. 03 of this Grant Agreement. To accomplish complete and timely execution of the Project,

Grantee shall make payment for any cost overruns. This guarantee shall not hinder the City in any way fromrequiring other individuals or entities not party to this Agreement, including but not limited to tenants, contractors and subcontractors, to make similar guarantees in connection with the Project.

Upon the City' s request, the Grantee shall provide the City a completion guaranty with respect to saidobligation in the form of a performance bond, letter of credit or, if the City shall so require, a completion

guaranty personally executed by the Grantee.

Successful completion of the Project is defined as substantially completing all work listed in Article I ofthis Agreement, reasonably within the time lines listed in Section 1. 03 of this Grant Agreement, and with atotal cost of at least the amount listed as Total Project Costs in Section 1. 01 of this Grant Agreement.

If completion of the Project is delayed at any time by an act or neglect of the City or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, or other causes beyond Grantee' s control, the time forcompletion of the Project shall be extended by mutual agreement in writing between the Grantee and the City.

Section 1. 05 Job Requirements Documentation and Reporting Requirements

Total Job Retention Requirements

Upon completion of expansion work and staff hiring, Grantee will submit invoices for qualifyingexpenses and Certified Payroll statements for new employees. Grantee will be eligible for up to $25, 000 rebate

for every four (4) permanent, full -time equivalent ( FTE) jobs.

Pre -Grant Documentation Requirements

Prior to initial grant payment, Grantee shall complete and submit:

1) " Baseline Employment Summary," shall be submitted to the City, indicating its number of full - time equivalent payroll positions and employees prior to executing this Agreement to establish

a " benchmark" from which to measure and verify total employee FTE jobs at the time of this

P 1 0Page 3 of 22

agreement. This may be originated by the Grantee and provided to the City. A copy of Grantee' sCertified Payroll for the period immediately prior to executing this Agreement must accompanythe Baseline Employment Summary;

ARTICLE II - THE GRANT

Section 2. 01 The Grant and Rebate Structure

AMOUNT OF FINANCING: Rebates up to 25% of total eligible costs, not to exceed a maximum of $100,000.

ELIGIBLE USE OF PROCEEDS: Permanent building repairs /renovations and interior improvements to bring thespace into compliance with building code. Eligible improvements shall include:

structural repairs /renovations, electrical, plumbing, and HVAC work.

OTHER CRITERIA: - Demonstrated ability to complete project. Grantee must complete all improvements within five ( 5) years of

approval.

Grantee may submit invoices for eligible improvements and certifiedpayroll up to once a year. Rebate will be issued based on project costsand job creation since the last rebate issuance.

All property taxes must be paid up to date at the time of each rebateapplication.

Project space must be inspected by the City prior to each rebate issuance.

Section 2. 02 Disbursement of Grant Funds

A. Requirements for Disbursement:

i) The grant funds shall not be disbursed until Grantee has submitted to the City, and had

accepted by the City, any certificates, documents and instruments required by this GrantAgreement or Documents in forms satisfactory to the City and its attorneys; and

ii) The grant funds shall not be disbursed until Borrower has submitted to City, and hadaccepted by the City, evidence of payment or an invoice for materials or services inconnection with the Project.

B. City to Disburse Funds to Borrower:

Upon receipt of the above information required in Section 2. 03(A)(i)( ii), and any other requirement set

forth by this Agreement, the City shall disburse Grant Funds to the Grantee for eligible costs, as listed inSection 1. 02.

C. Disbursement Checks:

The Rebate disbursement check shall be mailed to the following address until otherwise specified bythe Borrower:

P 1 1Page 4 of 22

Nick Dadas

University Tees, Inc. 13000 Athens Avenue # 210

Lakewood, Ohio 44107

ARTICLE III - REPRESENTATIONS AND WARRANTIES

Borrower represents and warrants to the City as of the Execution Date and throughout the term of thisAgreement each of the requirements set forth in Section 3. 01 to Section 3. 11.

Section 3. 01 Organization

Grantee is a for profit corporation, duly organized, validly existing, and in good standing under the lawsof Ohio and has power to carry on its business as it is presently being conducted, to enter into and observe theprovisions of the Grant Documents.

Section 3. 02 Authorization

Grantee' s act of entering into and performing under this Agreement has been duly authorized by allnecessary company action and will, not violate any law, rule, regulation, order, writ, judgment, decree, determination or award presently in effect and having applicability to Grantee or any provision of Grantee' sarticles of incorporation or bylaws or result in a breach of, or constitute a default under, any indenture, bank

loan, credit agreement, or any other agreement or instrument to which Grantee is a party or by which it or itsproperty may be bound or affected.

Section 3. 03 Enforceability

When this Agreement is executed by both Grantee and the City, certified by the City' s Director ofFinance and approved by the City' s Director of Law, and when the Grant Documents are executed anddelivered by Grantee for value, each such instrument shall constitute the legal, valid, and binding obligation ofthe parties thereto in accordance with its terms.

Section 3. 04 Litigation

There are no legal actions, suits, or proceedings pending, or, to the knowledge of Grantee, threatened

against Grantee before any court or arbitrator, or administrative agency, which, if determined adversely toGrantee, would have an adverse effect on the financial condition or business of Grantee which have not been

disclosed to the City.

Section 3.05 Governmental Consents

No authorization, consent, or approval, or any formal exception of any governmental body, regulatoryauthorities ( federal, state, or local) or mortgagor, creditor, or third party is or was necessary to the valid

execution and delivery by Grantee of the Grant Documents.

Section 3. 06 Absence of Default

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Grantee is not in default of any obligation, covenant, or condition contained in any bond, debenture, note, or other evidence of indebtedness or any mortgage or collateral instrument securing the same.

Section 3. 07 Tax Returns and Payments

Grantee has filed all required tax returns and has paid or made provision for the payment of all taxes

which have or may become due pursuant to said returns or pursuant to any assessments levied againstBorrower or its personal or real property by any federal, state, or local taxing agency. The Internal RevenueService, or any other federal, state, or local taxing agency, has not asserted any tax liability against Grantee fortaxes materially in excess of those already provided for, and Grantee knows of no basis for any such deficiencyassessment.

Section 3.08 No Adverse Change

Since the date of application for assistance, there has been no material and adverse change in the

financial condition, organization, operation, business prospects, fixed assets, or personnel of Grantee.

Section 3. 09 Material Fact

No representation or warranty contained or made in this Agreement, and no certificate, schedule, orother document furnished or to be furnished in connection with this Agreement contains or will contain a

misstatement of material fact or omits or will omit to state a material fact required to be stated herein or

therein.

Section 3. 10 Prohibition of Conflict of Interest

No individual who is an employee, officer, agent, consultant of the City, an elected public official,

member of the City Council or appointed City public official, who exercises or has exercised any functions orresponsibilities with respect to any activities that are connected with this Project or who is in a position to

participate in a decision - making process or to gain inside information with regard to the Project, may obtain apersonal or financial interest or benefit from the Project.

Nothing in this section shall prevent an individual connected with the Project from acting on a boardwhich acts only in an advisory capacity, if that individual' s connection to the Project is made known to theadvisory body so that the advisory body may take action to address any conflict, including committeeassignment, voting privileges, or attendance at meetings involving issues which may affect the Project.

Also, the aforementioned individuals shall not have an interest in any contract, subcontract, oragreement with respect thereto, or in the proceeds thereunder, either for themselves or those with whom

they have family or business ties. The above restrictions shall apply to all activities comprising the Project, andshall cover any such interest or benefit during or at any time after, such person' s tenure and for one yearthereafter.

Section 3. 11 Full Understanding and Voluntary Acceptance

P 1 3Page 6 of 22

Grantee represents that Grantee has had reasonable opportunity in the negotiation of this Agreement. Therefore, in any construction of this Agreement, the Agreement shall not be construed against any party onthe basis that the party was the drafter.

In entering this Agreement, Grantee represents that it relied upon the advice of its attorneys who areattorneys of their own choice and that the terms of this Agreement and attached Exhibits and documents have

been completely read and explained to Grantee by B Grantee' s attorneys, and that the terms are fullyunderstood and voluntarily accepted by Grantee. Grantee represents that the City afforded Grantee theopportunity to completely read and ask questions of the City concerning the terms of this Agreement andattached Exhibits and documents and that Grantee fully understands and voluntarily accepts those terms.

ARTICLE IV - CONDITIONS OF GRANT

The obligation of the City to make the Grant shall be subject to the fulfillment to the City' s satisfactionon the Execution Date of each of the following requirements set forth in Section 4. 01 through Section 4.06.

Section 4.01 Execution and Delivery of Grant Documents

Grantee shall execute and deliver to the City the Grant Documents each in a form and substancesatisfactory to the City and its attorneys.

Section 4.02 Governmental Approval

Grantee shall secure all approvals, permits, and consents of governmental bodies having jurisdiction

with respect to any Project activities.

Section 4.03 Approval of Others

Grantee shall secure all necessary approvals and consents required with respect to this transaction byany mortgagor, creditor, or other party having any financial interest in Grantee or Grantee' s property.

Section 4.04 No Event of Default and Representations and Warranties

There shall exist as of the Closing Date no event or condition, which constitutes an Event of Default ashereinafter defined in Article VII, or which, after notice or lapse of time or both, would constitute such an

Event of Default and no such event shall occur as a result of such borrowing.

ARTICLE V - AFFIRMATIVE COVENANTS

Grantee shall comply with the following covenants set forth in this article from the Execution Date untilthe end of the Project or until the rebate cap of $ 100, 000 is reached, unless the City otherwise consents inwriting.

Section 5. 01 Payment of Other Indebtedness

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Borrower shall pay punctually the principal and interest and any other amounts due on any otherindebtedness now or hereafter owing by Grantee to the City or any other lender.

Section 5. 02 Maintain and Insure Property

During the term of this Agreement, Grantee shall maintain insurance policies and submit copies of

same to City, providing general liability coverage, property coverage ( fire and extended coverage hazard orspecial form insurance policy), builders risk coverage ( if applicable), workers' compensation insurance, andsuch other insurance reasonably required by the City and its attorneys in amount sufficient to avoid anysignificant out -of- pocket payment by borrower in the event of a reasonably insurable loss ( except a reasonabledeductible). The aforementioned insurance shall be issued by companies reasonably satisfactory to the Citywith language specifically indicating that the City is an " additional insured" as appropriate to the type ofcoverage.

Section 5. 03 Payment of Taxes

Grantee shall duly pay and discharge all applicable taxes, assessments, and governmental chargeslevied upon it or against its properties prior to the date on which penalties would attach thereto, except that

Grantee shall not be required to pay any such tax, assessment or governmental charge which is beingcontested by Grantee in good faith and by appropriate and timely proceedings, provided that Grantee providesprior written notice to the City of the contest and proceedings.

Section 5. 04 Maintain Existence

Borrower agrees to maintain its existence within the City of Lakewood, Ohio in full force and effect andto carry on its business at 13000 Athens Avenue in a manner intended to be profitable for the term of theProject ( Five [ 5] years). Grantee may merge, consolidate, or otherwise reorganize only upon written

permission from the City, which permission shall not be unreasonably withheld.

Section 5.05 Information

During the term of this Agreement, Grantee shall:

1) Keep and maintain records, books of account and other documents relating directly to allmatters covered by this Agreement, including its receipt and disbursement of Grant funds, inwhich complete entries will be made reflecting all of its business and financial transactions, suchentries to be made in accordance with generally accepted accounting principles consistentlyapplied.

Section 5. 06 Disclosure of Documents

All of the records, information, data, reports, etc., prepared or assembled by the Grantee under thisAgreement are confidential and the Grantee does covenant and agree that those items shall not be made

available to any individual or organization, other than an agency of the United States Government, without theprior written approval of the City.

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Applicable federal, state, and local laws shall govern disclosure of documents, which are in the

possession of the City.

Section 5. 07 Inspection

Grantee shall permit any duly authorized representative of the City, or any other appropriategovernmental official, at all reasonable hours, upon reasonable notice, and as often as reasonably requested,

to have the right to (1) inspect Borrower' s books of account (and to make copies of and /or extracts therefrom);

or ( 2) discuss with agents and employees of Grantee: Grantee' s affairs, employment and contracting goals, finances, accounts and compliance with the terms of this Agreement.

Grantee shall provide statements, records, data and the City free access and entry to any portion ofGrantee' s premises for the purposes of such inspections and discussions until the terms of this Agreement

have been complied with and fulfilled.

Section 5. 08 Notice of Default

Within ten ( 10) days of any event, which constitutes an Event of Default, as defined in Article VI, or asdefined under any of the Grant Documents, Grantee shall provide written notice to the City of the event. If anevent occurs which would, with notice or lapse of time, constitute an Event of Default; Grantee shall likewise

give notice to the City within ten ( 10) days of the discovery of that event.

Section 5. 09 Indemnification

Grantee shall be fully responsible and shall indemnify and hold harmless the City, its officials, employees and agents against all liability, claims, demands, losses, damages, delays and costs arising from anyact or omission by, or negligence of Grantee and its officers, agents, or employees or its contractor orsubcontractor or the officers, agents or employees of the contractor or subcontractor while engaged in the

performance of this Agreement.

Also, no member, official, or employee of the City or of its agents or contractors shall be personally

liable to Grantee in the event of any default or breach of the Agreement by the City.

ARTICLE VI - EVENTS OF DEFAULT

The disbursement of Grant funds will end, without any other notice or demand of any kind of

presentment or protest, if any one of the following events occurs ( an " Event of Default ") whether it isvoluntary or involuntary or, without limitation, occurring or brought about by operation of law or pursuant toor in compliance with any judgment, decree or order of any court or any order, rule or regulation of anyadministrative or governmental body.

Section 6.01 Default and Cure

1) Default Under Note -- If Grantee shall fail to comply with its obligations under this Agreement.

2) Payment Default Under Other Indebtedness -- If default shall exist in the payment when due of

any installment of principal or interest on any of Grantee' s other indebtedness and if such

P 1 6Page 9 of 22

default shall remain unremedied for thirty ( 30) days whether such other indebtedness is inexistence at the Execution Date or incurred after such date;

3) Incorrect Representations or Warranties -- If any representation or warranty contained in ormade in connection with the execution and delivery of this Agreement or in any certificatefurnished pursuant hereto shall prove to have been incorrect or untrue in any material respectwhen made;

4) Default in Covenants -- If Grantee defaults in the performance of any other term, covenant, oragreement contained in the Gramt Documents and such default shall continue unremedied for

thirty ( 30) days after the earlier of either: ( 1) the default becoming known to an executiveofficer of Grantee; or (2) written notice thereof was given to Grantee by City;

5) Voluntary Insolvency -- If Grantee becomes insolvent, ceases to pay its debts as they mature,

voluntarily files a petition seeking reorganization of, or the appointment of a receiver, trustee, or liquidator, for itself or a substantial portion of its assets, with the purpose of effecting a plan

or other arrangements with creditors, is adjudicated bankrupt, or makes a voluntary assignmentfor the benefit of creditors;

6) Involuntary Insolvency -- If an involuntary petition is filed against . Grantee under any

bankruptcy, insolvency, or similar law seeking the reorganization of, or the appointment of anyreceiver, trustee, or liquidator, for Grantee or a substantial part of its assets, or a writ or

warrant of attachment or similar process is issued against a substantial part of Grantee' s assets,

and such petition is not dismissed, or such writ or warrant is not released or bonded, within

thirty (30) days after the filing or levy; and

7) Judgments -- If final judgment is entered against Grantee for the payment of money and suchjudgment is not fully covered by liability insurance and is in excess of Ten Thousand Dollars

10,000.00) and is not discharged or appealed with execution of said judgment stayed pending

appeal, or, if such judgment be affirmed on appeal and not discharged within thirty (30) days.

Section 6. 02 Remedies

If the Grantee defaults and fails to cure as set forth in Article VI of this Agreement, then the City shallhave the right to exercise concurrently or successively any one or more of the following rights and remedies:

I. Wholly or partially terminate this Grant Agreement and the rights given to the Granteein it;

II. Temporarily or permanently withhold or reduce Grant funds not yet paid to the Grantee;

III. Disallow all or part of the cost of a noncompliant activity;

IV. Wholly or partially suspend the Agreement;

V. Exercise any and all additional rights the City may have in law or equity.

P 1 7Page 10 of 22

Termination pursuant to clause ( 1) above shall be effective five (5) days after the date the City has givenwritten notice to the Grantee of such termination. If City chooses any of the other remedies outlined, that

remedy is effective immediately upon default of any of the obligations pursuant to this Agreement.

ARTICLE VII- MISCELLANEOUS

Section 7.01 Waivers

The City' s failure or delay in exercising any right, power, or remedy hereunder shall not operate as awaiver thereof. The City' s single or partial exercise of any such right, power or remedy shall not preclude any

other or further exercise thereof of the exercise of any other right, power or remedy hereunder.

No modification or waiver of any provision of the Grant Documents, nor any consent to any departureby Grantee therefrom, shall in any event be effective or established by a court, custom, or course of dealingunless the same is in writing and executed by Grantee and the City. Such waiver of consent shall be effectiveonly for the specific purpose for which it was given or limited to the particular breach so waived. Notice to ordemand on Grantee in one instance shall not entitle Grantee to any other further notice or demand in othercircumstance.

Section 7.02 Agreement Amendments

Grantee and the City hereby expressly reserve all rights to amend or to consent to, or waive, departurefrom any provisions of the Grant Documents; provided, however, that the Grantee must receive the priorwritten approval of the City and that all such amendments shall be in writing and executed by Grantee and theCity.

Section 7.03 Notices and Communications

All notices, consents, requests, demands and other communications required hereunder shall be inwriting and shall be deemed to have been duly given to a party hereto if mailed as follows:

If to the City, by certified mail, prepaid, at:

City of LakewoodDepartment of Planning & Development12650 Detroit Avenue


Attn. Bryce Sylvester, Director

With a copy to:

City of LakewoodDepartment of Law

12650 Detroit Avenue


Attn. Law Director

Page 11 of 22

P18

If to the Borrower:

University Tees, Inc. 13000 Athens Avenue # 210


Attn: Nick Dadas

Section 7.04 Survival of Representations and Warranties

All agreements, representations, and warranties made by Grantee and City in connection with theGrant or the Grant Documents shall survive the delivery of the Grant Documents and shall continue in full forceand effect so long as the Project is ongoing.

Section 7. 05 Successors and Assignments

This Agreement shall be binding upon and shall inure to the benefit of Grantee and the City. Whenused herein, the terms " Grantee" and " City" shall include any successors and permitted assignees or any entitydesignated by either party to carry out the obligations of the party . regarding the Project.

Section 7.06 Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed anoriginal, but all of which together shall constitute one and the same instrument.

Section 7.07 Prohibition Against Assigns

Grantee shall remain primarily liable for all obligations, terms, conditions and covenants stated herein. Grantee shall not assign, delegate, or transfer any or all of its rights or obligations under the Grant Documentswithout obtaining the prior written approval of the City, which permission shall not be unreasonably withheld; provided, however, that if the City approves such assignment or transfer, then Grantee and /or the permittedassignees shall be bound by the terms and conditions of the Agreement.

Section 7.08 Compliance with Federal State and Local Laws and Regulations

Grantee and its subsidiaries, if any, shall comply with all applicable federal laws and regulationsthereunder, executive orders and circulars, governing the receipt, expenditure, and use of the Funds.

Grantee agrees that in carrying out the Project, it, or its contractor, shall comply with all applicable

housing, building, and public health codes and any laws, ordinances, regulations, administrative rulings, andpolicies of the City pertaining to the Project.

Section 7. 09 SeverabilitV

In the event that any provisions of the Grant Documents or the application thereof is declared null andvoid, invalid, or illegal, or is held for any reason to be unenforceable by a court of competent jurisdiction, theremainder of each of the Grant Documents shall remain in full force and effect and shall not be in any way

P 1 9Page 12 of 22

affected, impaired, or invalidated by those provisions. All covenants, conditions, and agreements contained inthe Grant Documents are deemed and agreed to be separate.

Section 7.10 Choice of Law

This Grant Agreement shall be deemed to have been executed and delivered within the State of Ohio, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed

by, the laws of the State of Ohio without regard to principles of conflicts of laws.

Section 7. 11 Term of Agreement

This Grant Agreement shall remain in full force and effect until the satisfaction or cancellation of theProject.

Page 13 of 22P20

IN WITNESS WHEREOF, after due authorization, the parties have each caused this Grant Agreement to be dulyexecuted as of the date written above.

Signed and acknowledged

in the presence of:

Print

Signed and acknowledged

in the presence of:

Print

Approved as to Legal Form:

MLaw Department

CITY OF LAKEWOOD, OHIO

0Michael P. Summers, Mayor

Address: 12650 Detroit Avenue


Nick Dadas, Co- Founder

University Tees, Inc.

Bv:

Nick Dadas, Co- Founder

Address: 13000 Athens Avenue #210


P21Page 14 of 22

STATE OF OHIO )

SS:

COUNTY OF CUYAHOGA )

On this day of 2016, BEFORE ME,

a Notary Public duly authorized in and for said County and State aforesaid totake acknowledgments, personally appeared Michael P. Summers, to me known to be Mayor of theCITY OF LAKEWOOD, an Ohio municipal corporation, who acknowledged that he did sign the foregoinginstrument and that the same is his free act and deed and the free act and deed of said CITY OFLAKEWOOD.

IN WITNESS WHEREOF, I have hereunto set my hand and affix my official seal atOhio, this day of 2016.

Notary Public

STATE OF OHIO )

SS:


On this day of 2016, BEFORE ME,

a Notary Public duly authorized in and for said County and State, personallyappeared Nick Dadas, Co- Founder of University Tees, Inc., who acknowledged that he did sign theforegoing instrument and that the same is his free act and deed and the free act and deed of UniversityTees, Inc.

IN WITNESS WHEREOF, I have hereunto set my hand and affix my official seal atOhio, this day of 2016.

Notary Public

P22Page 15 of 22

Exhibit A

PAGEHOLDER FOR CITY COUNCIL RESOLUTION

P23Page 16 of 22

EXHIBIT B

University TeesEconomic Development Grant

Project Summary

February 2017

University Tees Omni Building - 13000 Athens Ave.

Proiect Overview

Project Site: 13000 Athens Avenue

University Tees is an anchor tenant of the Omni Building ( Screw Factory). Theycurrently occupy 12, 375 ftZ of office space and 25,125 ftZ of production space in thefacility.

Partner: University Tees

Project Scope: Building improvements to expand office space by approximately 12, 000 ft2 includingbut not limited to adding walls, electrical and HVAC upgrades, and to bring theproperty into compliance with the building and zoning codes.

Timeline: Project is scheduled to begin in March 2017. Completion of the build -out isanticipated in June 2022.

Contact Name: Nick Dadas, Co- Founder

P24Page 17 of 22

Proiect Financials

Total Rehabilitation

Project Cost:

Public Financing:

400,000

Approximately 25% of completed project value

Proposed rebate program, City contribution capped at $ 100, 000. Once -a -year submission of qualifying expenses, annual payroll, and closed

building permitsRebate of 25% of qualifying expenses issued if job growth goals are met4 additional full time equivalent jobs created per $25,000 rebate

Private Financing: Approximately 75% of completed project value

University Tees will utilize existing capital improvement funds totaling $300,000.

P25Page 18 of 22

Rationale for City Assistance

University Tees intends to lease additional space within the Omni ( Screw Factory) Building at 13000 AthensAvenue with the intent of expanding its headquarters. The firm currently employs 65 people at the Lakewoodlocation (65 Administration, with an annual estimated payroll of $2. 1 million.

Currently, 65 University Tees employees are office /administration employees with a total payroll of $ 2. 1million. University Tees is planning for future growth and intends to double their total office space by 2021, while expanding the office workforce to 190. The 2017 expansion is the first step in a multi -year growth plan. The city' s financial assistance is strictly for long term building and site improvements and is tied to job creationand retention. University Tees is an innovative employer which has attracted a young and diverse workforce toLakewood. They are an anchor employer in the Birdtown Neighborhood and Lakewood. In 2015, UniversityTees and its subsidiary 717 Inc. combined to be the 21st largest income tax contributor in the City with over

52, 000 of income tax withholdings. Assisting the growth -in -place of this anchor employer is an effectivestrategy to directly impact the further long term stability of the neighborhood and Lakewood as a whole. Additionally, by providing financial assistance to make building upgrades, the additional portions of theproperty become viable as an office use, which is considered one of the highest and best uses for thisproperty.

2508,000,000

7,000,000

2006,000,000

5,000,000150

4,000,000 - 4- Employees

n -Total Payroll

100 3, 000,000

2, 000,000

50

1, 000,000

0

Al

2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021

0

Projected

P26Page 19 of 22

Project Description:

University Tees has outgrown their current headquarters space within the Omni (Screw Factory) building. Theyanticipate doubling their total square footage within the Omni Building over the next five years.

30,000 ---- - - - - -— - - -- - - - --

2 5,000 - - -- - - - - -- -

20,000 — - -- - — -

15, 000 -- — -- — -Office

m

V) 10,000 - ------ - - - --- —' --

5, 000 -- - - - -- - -- — ... _ —._.

0 - - - r- — T -- —i

2016 2017 2018 2019

University Tees has requested an Economic Development Grant totaling $100,000 to make permanent buildingand site improvements to facilitate expansion. Qualifying expenses would include but are not limited to:

Adding wallsStructural upgrades

Windows

Electrical upgrades

LightingHVAC upgrades

Other permanent improvements to bring the property into compliance with the building and zoningcodes

University Tees will submit invoices and proof of payment for approved upgrades annually. 25% of approvedcosts will be released by the City as a forgivable grant at each annual submission. City contributions will becapped at $ 100,000 over the course of the project.

In the short term, University Tees have identified approximately 5, 700 ftZ adjacent to their current office spacewhich could be upgraded to fit their needs. Build -out of this space is anticipated to begin in March 2017 and becompleted by June 2017.

P27Page 20 of 22

City Protections:

Developer must secure commitments for private financing prior to issuance of Economic Developmentfunds.

Rebates are releasable over five years as long as University Tees, meets the job retention requirements.

University Tees will sign a completion guarantee.

Permanent improvements represent an investment in the Omni Building, one of Lakewood' s most diverseand dynamic employment centers, regardless of the tenant.

P28Page 21 of 22

EXHIBIT C

Insert Scope of Work

P 2 9Page 22 of 22

ORDINANCE NO. 17 - 17

READ & REFERRED TO THE

SECONDTREADING3/ 6/ 17. 2/ 21/ 17.

A

AN ORDINANCE to expand Chapter 1159, Planned Development, of the Zoning Codeto permit planned developments in any zoning district and allow any use so long as that use issensitive to the former permitted use and adjacent uses.

WHEREAS, revisions are necessary to the Planned Development chapter in the ZoningCode to support goals and objective outlined in the Community Vision; and

WHEREAS, the proposed Planned Development code will allow Lakewood to encourage

orderly redevelopment of property, while allowing for flexible and creative approaches to deliverhigh quality, integrated site planning and design; and

WHEREAS, the Planned Development code will promote development that is innovative, flexible, and responsive to the market; now therefore,

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO:

Section 1. That Chapter 1156, Planned Development, currently reading as follows:

1156.01 PURPOSE.

A Planned Development (PD) is meant to encourage more compact mixed usedevelopment, pedestrian- friendly site design, and an urban street character, inorder to increase pedestrian traffic, reduce vehicular traffic, promote energy - efficient design, and accommodate a range of compatible land uses throughappropriate site design. PD' s are intended to permit a more flexible approach toland use control and to promote a variety of housing types developed amongneighborhood - serving commercial uses and employment opportunities.

A I'D encourages the development of compact, pedestrian- scaled, mixed -useneighborhoods and commercial centers while serving to provide greater

efficiencies in use of infrastructure. It is intended to help advance revitalizationinitiatives along commercial corridors and recognize the market demand for newresidential and commercial development within compact, pedestrian friendlydistricts. PD zoning is intended to work in conjunction with the proactivedevelopment of pocket parks, open spaces, and the creation of public spaces

within the districts. PD zoning can support commercial corridor redevelopmentplans and urban design guidelines or standards that require high qualitydevelopment that is consistent with the Vision.

The PD specifically discourages those uses that: promote a strip centerdevelopment pattern, promote idle land and over parking, and detract from theimage enhancement intentions of this district. Planned Developments areintended to encourage orderly use, development and redevelopment of property, while allowing more flexibility and creativity in design to achieve high quality, integrated site planning not otherwise possible under the constraints of normalzoning requirements without detriment to adjacent/neighboring properties.

P30

1156.02 LOCATION OF PLANNED DEVELOPMENTS.

a) A Planned Development may be permitted in a Cl Office, C2 Retail, C3General Business District, C4 Public School District, or the MH Multiple -

Family, High Density Residential District, on approval by the Commission andCity Council in accordance with this Chapter 1156.

b) For a commercial PD, at least fifty -one percent ( 51 %) of the property or

properties must be located in the Cl Office, C2 Retail, C3 General Business, C4Public School District, or the MH Multiple- Family, High Density ResidentialDistrict.

c) The remaining forty-nine percent ( 49 %) or less of the property may be

located in an existing R1L, RIM, RHI, R2 and ML residential zoning district solong as such property abuts or is immediately adjacent to property as describedin subsection ( b) above and provided that the PD contains adequate buffers, setbacks and transition as noted elsewhere in this Chapter.

d) All properties identified as being part of the PD shall be designated a PDon the Zoning Map. Grouping of uses permitted in other districts to createdevelopments of compatible and mutually supportive activities is encouragedprovided there are adequate buffers to adjacent properties of other uses and

designs to promote compatibility and transitions to adjacent properties. e) It is not intended that the Commission automatically approve PD

proposals that seek increases in density, changes in allowed uses, or alterationsin district standards; rather, approvals shall only be received by those proposalsthat provide design characteristics that substantially achieve the purpose of thisChapter.

fl A PD should utilize the following characteristics to the greatest possibleextent which shall be considered in the approval process:

1) Designs that reflect the Vision: and that offer types or densities ofdevelopment that are not available under the other Sections of this Code.

2) Designs that utilize a creative approach to achieve better urban design, efficiencies in use of land and infrastructure, and the provision of aestheticamenities.

3) Designs that provide appropriate buffers and transitions between areaswith different land uses and development densities.

4) Designs that maintain or enhance the appearance of neighborhoods bycomplementing neighborhood architectural character.

5) Designs that are intended to encourage flexibility, innovation, and

creativity in site and development design by allowing the mixing of permitteduses and/ or modification of variation from otherwise applicable zone district anddevelopment standards.

6) Designs, which encourage a mix of retail, service, office, housing, live - work units, and public activities to coexist in a manner that reflects human scaleand emphasizes pedestrian orientation, taking advantage of the vitality thatmixed uses can bring to the community.

7) Designs that conserve areas of natural beauty and green spaces to thegreatest degree possible consistent with accommodating new development.

8) Designs that incorporate " green architecture" pursuant to

Resolution 7746 -03, City ofLakewood Green Building Policy.

1156.03 STANDARDS FOR REVIEW OF A PRELIMINARY PD PLAN. An application for approval of a Preliminary PD Plan, together with submitted

plans and reports, shall be reviewed for its conformance with the followingstandards:

a) The proposed PD shall contain uses that are expressly permitted either byright or as conditional or accessory uses in a Cl Office, C2 Retail, C3 GeneralBusiness, C4 Public School District, or the MH Multiple - Family, High DensityResidential District, in which the PD is located or as modified according to ( b)

P31

below, but such uses may be mixed within the planned development or withinthe same structure located in the PD;

b) The proposed PD shall comply with the subdivision requirements as setforth in Chapter 1155 of this Code, except to the extent modifications, variances,

or waivers have been expressly allowed pursuant to paragraph (e) below; c) Adverse impacts on adjacent properties, including but not limited to

increased traffic or noise, as described in Chapter 515 of the Ordinances, andvisual impacts, shall be mitigated to the maximum extent feasible;

d) The PD shall be integrated with adjacent development tluough streetconnections, sidewalks, trails, and similar features;

e) All district, development, and subdivision standards set forth in Chapters1127 and 1129 ( such as lot size, floor area ratio, structure height, etc.), and1155, except those specified in subsection ( f) below, may be modified or variedupon a finding that the proposed PD incorporates creative site design whichrepresents an improvement in quality and service of the purposes set forth inSection 1156.01 over what could have been accomplished through strictapplication of the otherwise applicable district or development standards,

including but not limited to improvements in open space provision and access; environmental protection; tree /vegetation preservation; efficient provision of

sheets, roads, and other utilities and services; or choice of living and housingenvironments;

t) The proposed PD shall comply with the following requirements, whichshall not be modified or varied except as expressly set forth below or aspermitted by the Commission.

1) Minimum area requirement. All Planned Developments shall have aminimum size of 10, 000 square feet.

2) Setbacks from adjoining residential uses. A Planned Development shall

comply with any applicable zone district standards that require minimumsetbacks from adjoining residential uses or properties as set forth in Chapter1121 and 1123.

3) Environmental protection standards. All Planned Developments shallcomply with Ohio Environmental Protection Agency regulations and localordinances.

4) Architectural and design standards. All Planned Developments shallcomply with all architectural and design standards, including those set forth inSection 1156.05, Design Principles, of this Code and Chapter 1325 of the

Building Code.

1156.04 PLANNED DEVELOPMENTS. a) Consolidation with Subdivision Approval. The applicant shall

consolidate an application for Preliminary PD Plan approval with an applicationfor subdivision plat approval, pursuant to Chapter 1155, and shall consolidate anapplication for Final PD Plan approval with an application for final subdivisionplat approval. Such consolidated application shall be submitted in a form thatsatisfies both the PD requirements of this Code and the provisions, includingsubmittal requirements, of Chapter 1155. The time frame and approval processfor the consolidated PD /subdivision application shall follow the time frame andapproval process set forth in this section. The plat included as part of anapproved Final PD Plan shall be recorded as the final subdivision plat.

b) Procedures for Approval of a Preliminary PD Plan. PlannedDevelopments, similar to subdivisions, are first approved in preliminary form, and then approved in final form. The applicant may select Preliminary PD PlanOption One or Preliminary PD Plan Option Two.

c) Preliminary PD Plan Option One:

P32

1) Pre - application conceptual review meeting. A pre - application

conceptual review meeting shall be mandatory for all persons intending tosubmit an application for approval of a Preliminary PD Plan.

2) The Commission' s role shall be to review all applications for

Preliminary PD Plans and make a recommendation to the Director to approve, approve with conditions, or deny the application based on compliance withSection 1156.03 of this Code. If the Commission recommends approval of an

application with conditions, the applicant shall resubmit to the Commission a

revised preliminary PD Plan that reflects the changes or modifications requiredor suggested by the Commission in its initial review.

3) A plan previously receiving Preliminary Plan approval may proceedwith Final PD Plan approval.

4) Upon receipt of the approved Preliminary PD Plan from theCommission, the Director shall forward the application to the ArchitecturalBoard of Review for review of the application based on compliance with the

standards set forth in subsection 0) below. d) Preliminary PD Plan Option Two:

1) Pre - application conceptual review meeting. A pre - application


2) The Commission' s role shall be to review all applications forPreliminary PD Plans and make a recommendation to the Director to approve, approve with conditions, or deny the application based on compliance withSection 1156.03 of this Code. If the Commission recommends approval of an

application with conditions, the applicant shall resubmit to the Commission a


3) Preliminary approval must be received to proceed. 4) Upon completion of the initial review of the Preliminary PD Plan by the

Commission, the applicant may request the Director to submit the PreliminaryPD Plan to City Council for review and preliminary approval.

5) Upon receipt of the approved Preliminary PD Plan from theCommission and City Council, the Director shall forward the application to theArchitectural Board of Review for review of the application based oncompliance with the standards set forth in subsection 0) below.

e) Procedures for Approval of a Final PD Plan.

1) A plan previously receiving preliminary approval may be submitted forFinal Approval.

2) A Final PD Plan may cover the entire area covered by the PreliminaryPD Plan, or it may include only a phase or phases of the Preliminary PDPlan. Only such phases as receive Final Approval may be advanced forpurposes of obtaining building permits and being constructed.

3) A preliminary plan complying with the requirements set forth in Section1155. 03, Subdivision Regulations, General Requirements, and a plat complying

with the requirements set forth in Section 1155.03' Subdivision Regulations, General Requirements, shall be prepared for each lot consolidation andsubmitted with an application for approval to the Director, except, at thediscretion of the Director, the preliminary plan may be waived, prior to thedeadline established by the Commission by rule. The purposes of thepreliminary plan are to allow the Commission to determine if it qualifies as apotential PD and its compliance with other City codes.

4) Concurrent with submission of an application for approval of a FinalPD Plan, the Director shall submit to City Council a final DevelopmentAgreement, if applicable, for review and execution.

5) The Commission' s role shall be to review any application for Final PDPlan approval and make a recommendation to the Director to approve, approve

P33

with conditions, or deny the application based on its compliance with Section1156.03 of this Cade.

6) If the Commission recommends approval of an application with

conditions, the applicant shall resubmit to the Commission a revised Final PDPlan that reflects the changes or modifications required or suggested by theCommission in its initial review.

7) Upon receipt of the approved Final PD Plan from the Commission theDirector shall forward the application to the Architectural Board of Review forreview of the application based on compliance with the standards set forth insubsection 0) below.

8) Upon receipt of

A. The approved Final PD Plan from the Architectural Board of Review, B. An approved lot split and/ or lot consolidation plat signed by the

Chairman and Secretary of the Commission, andC. An approved and executed Development Agreement from City

Council if applicable, the Final PD Plan and plat shall be forwarded to Council

along with the Commission' s recommendation for approval. D. Council shall approve or disapprove the Final PD Plan within forty-

five (45) days from the date received by Council. E. When the Final PD Plan is approved:

1. The plat shall be recorded;

2. Applicable building permits may be applied for and issued; and3. Construction shall begin within sixty ( 60) days of issuance of the

permits referred to in subparagraph (e)( 8) E.2. herein.

f) Street Acceptance. Where streets are to be dedicated to public use, uponapproval of all improvements by the Engineer, the developer shall file acertificate and opinion of title, a guarantee of title or a title insurance policy inthe amount of the market value of the property but not less than $ 1, 000.00 withthe Law Director showing the title to the street( s) in the PD to be good in theCity for street purposes and to be free and clear of all liens and encumbranceswhatsoever. The plat shall then be presented to Council for acceptance andconfirmation ofthe dedication of such street( s).

g) Record ng. The plat shall be filed and recorded in the offices of theCounty Auditor and County Recorder by an authorized representative of the Citywithin thirty (3 0) days after final approval.

h) Fees. A review and recording fee, established pursuant to Section1173. 06 shall be included with the application.

i) Notice Procedures. Where a PD is requested, notice of the public hearingheld pursuant to Section 1171.03( i) shall be made in a newspaper of generalcirculation no less than seven ( 7) days before the hearing; said notice shall statethe time and place of the hearing in accordance with Chapter 107 (Publication ofLegal Notices) of the Ordinances.

1) In addition, notice, indicating the time, place, and subject of thehearing, shall be sent by regular mail to the owners of

A. All properties abutting the PD; B. All properties abutting such properties described in subparagraph

i)( 1) A. herein, including properties located across the right -of -way from orbehind said abutting properties;

C. Any other property the Director deems affected by the proposed PD. 2) Where a property described in paragraph ( i)( 1) above contains a

condominium of more than ten (10) units, notice shall be sent to the president ofthe condominium association and the management company responsible for thebuilding; the management company shall receive sufficient copies of the noticeto post two ( 2) on every floor of the building at locations determined by thecompany.

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0) Standards for Review. All applications for PD' s shall demonstratecompliance with the requirements and review standards set forth in Section1156.05 of this Code and Chapter 1325 of the Building Code.

k) Effect of Approvals.

1) Effect of approval of a Preliminary PD Plan.

A. An approved Preliminary PD Plan shall be valid for a period oftwelve12) months from the date of the Commission' s action.

B. Application for approval of a Final PD Plan for all or any phase of thePreliminary PD Plan may be made at any time within the twelve ( 12) monthperiod following the Commission' s approval of the Preliminary PD Plan. Anapproved application for a Final PD Plan for any phase or portion of thePreliminary PD Plan shall extend the life of the Preliminary PD Plan for anadditional twelve ( 12) month period from the date the Final PD Plan isapproved. If the original or any successive twelve ( 12) month period expiresbefore a completed application for a Final PD Plan approval is submitted, unlessa different time frame is specified in the development agreement, thePreliminary PD Plan approval shall automatically lapse and be null and void andall of the properties included in the preliminary plan for which Final PD Planapproval has not been given shall be subject to the zoning and subdivisionregulations otherwise applicable to them.

C. During the period an approved Preliminary PD Plan is effective, nosubsequent change or amendment to this Code or any other governing ordinanceor plan shall be applied to affect adversely the right of the applicant to proceedwith any aspect of the approved development in accordance with the terms ofsuch Preliminary PD Plan approval, except that the applicant shall comply withthose local laws and regulations adopted subsequent to the approval of such

Preliminary PD Plan if the Commission determines, on the basis of writtenfindings, that compliance is reasonably necessary to protect the public health, safety, or welfare.

2) Effect of approval of a Final PD Plan. A. An approved Final PD Plan shall be valid for a period of two (2) years

from the date City Council approves the rezoning. B. During the period an approved Final PD Plan is effective, no

subsequent change or amendment to this Code or any other governing ordinanceor plan shall be applied to affect adversely the right of the applicant to proceedwith any aspect of the approved development in accordance with the terms ofsuch Final PD Plan approval, except that the applicant shall comply with thoselocal laws and regulations adopted subsequent to the approval of such Final PDPlan if the Commission determines, on the basis of written findings, thatcompliance is reasonably necessary to protect the public health, safety, orwelfare.

C. Within the two ( 2) year period, the developer /owner shall: 1. Submit the plat portion of the Final PD Plan as the final subdivision

plat for recording by the City surveyor, Chapter 1155 notwithstanding; and2. Undertake substantial construction of at least the first approved phase

of the PD development.

3) If these actions are not completed within the two ( 2) year time period, such Final PD Plan shall automatically lapse and become null and void.

1) Applications for Preliminary and Final PD Plans shall be submitted to theCommissioner upon such forms as approved by the City.

m) Modifications of Final PD Plan.

1) A minor modification shall be defined, for purposes of this Chapter, asany alteration other than a major modification ( as defined below) to an alreadyapproved Final PD Plan.

A. A minor modification must be reviewed and approved by theCommission and Architectural Board of Review.

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2) A major modification shall be defined, for purposes of this Chapter, asthe addition to an already approved Final PD Plan of any property or propertieslocated in a Cl Office, C2 Retail, C3 General Business District or the MEMultiple- Family, High Density Residential District, or the addition to an alreadyapproved Final PD Plan of any property or properties located in the R1L, RIM, RIH, R2, ML or L residential zoning district that abut a PD or, the addition toan already approved Final PD Plan that changes the mix ofuses.

A. The review of a major modification by the Commission, ArchitecturalBoard of Review and City Council shall be processed in accordance with theprocedure for approval of a Preliminary and Final PD Plan as described inSection 1156.04( c) or Section 1156.04( d) and Section 1156.04( e).

1156.05 DESIGN PRINCIPLES.

The following Design Principles provide certain guidelines and requirements, as noted, in the design preparation of a Preliminary PD Plan.

a) Building and Site Design1) Wherever feasible, buildings shall be designed to provide massing

configurations with a variety of different wall planes. Plain, monolithicstructures with long walls and roof plane surfaces are discouraged.

2) Each building facade shall incorporate design elements for each twenty20) horizontal feet, such as changes in color or texture; projections, recesses,

and reveals; arcades or pergolas providing pedestrian interest; or equivalentelements that subdivide the wall into human scale proportions. Ground levelfacades facing streets or pedestrian ways shall incorporate large amounts ( atleast sixty ( 60) percent of the facade) of windows that permit views into theinterior of the building, or display windows.

3) Building facades shall have highly visible customer entrances thatfeature canopies, overhangs, arcades, distinctive roof forms, arches, displaywindows, or landscaped features. Primary entrances should face streets onwhich they are located.

4) Buildings shall have well defined rooflines with attention toarchitectural detail. Consideration should be given to the prevailing pattern of

roofs in the area surrounding and within the PD. 5) Sloping roofs, where used, shall have one ( 1) or more of the following

architectural features: gables, hips, horizontal or vertical breaks, or other similartechniques that are to be integrated into the building architecture.

b) Building Materials. Building materials shall be limited to brick, masonry, stucco, wood, fiber, cement siding, wood shingle, wood siding, cultured stone, or other similar materials. Prohibited materials include aluminum or vinylsiding, dryvit -type products on the lowest eight ( 8) feet of any structure, splitfaced block, and other similar materials.

c) Vehicular Circulation and Access. 1) Circulation systems shall be designed to efficiently facilitate traffic

flow, yet designed to discourage speeds and volumes that impede pedestrianactivity and safety.

2) Street designs are encouraged to incorporate traffic calming devices andtechniques.

3) Common or shared access points are encouraged.

4) To the maximum extent feasible, common or shared service anddelivery access shall be provided between adjacent parcels or buildings, andprovided to the rear ofbuildings.

5) Safe and adequate site distances shall be provided at all intersections. 6) Transit stops should be incorporated into site plans, where feasible. 7) The developer as part of the site plan review process shall provide

traffic impact studies.

d) Pedestrian Access and Circulation.

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1) A coordinated pedestrian system shall be provided throughout the PD, including connections between uses on the site, and between the site andadjacent properties and rights -of -way. Pedestrian connections shall be providedto properties across streets wherever feasible.

2) The site shall be connected to adjacent properties and pedestrian

facilities to the maximum extent feasible.

3) Continuous sidewalks or other pedestrian facilities shall be providedbetween the primary entrances to buildings, all parking areas that serve thebuildings, pedestrian facilities on adjacent properties that extend to theboundaries shared with the PD, any public sidewalk along perimeter streets, or

other community amenities or gathering spaces. 4) Decorative sidewalks, such as brick pavers, are encouraged at key

intersections or streets.

5) Sheet furniture or other amenities are encouraged, such as plazas, benches, and decorative pedestrian light fixtures.

6) Open and public areas should be provided as a mixture of green space

landscaping and hardscape pedestrian areas with a goal of twenty (20) percent ofthe site area.

e) Parking.

1) Adequate parking shall be provided, but excessive parking isdiscouraged. The standards contained in Chapter 1143 shall be used as a guide, but those standards may be modified without the need for a variance based uponother considerations as determined by the Commission, and a finding by theCommission that the modified parking standards would comply with theprovisions of the Code and the intent of the PD.

2) Parking shall be distributed between the front, side, and rear ofbuildings to the maximum extent feasible.

3) The visual impact of parking shall be minimized through the use ofinterior landscaped islands and through dividing parking spaces into groupings.

4) The edges of parking lots shall be screened through landscaping orother methods such as decorative fences.

5) A minimum of one ( 1) off -street parking space shall be required behindeach residential unit or garage. No garage openings shall be permitted ontopublic streets.

f) Landscaping and Screening. 1) It shall be the duty of the Commission to determine whether a

reasonable percentage of the area within a PD shall be maintained in acombination of landscaped and urban open space. The project must adhere tothe spirit of the City' s landscape values. The standards contained in Chapter1141 shall be used as a guide, but those standards may be modified without theneed for a variance based upon other considerations determined by theCommission that such considerations would comply with the provisions of theCode and the intent of the PD.

2) Pedestrian access from adjacent residential streets is encouraged. Theowners of residential property directly abutting rear yards, parking and loadingareas of a PD shall be contacted and offered masonry screening and/ or

appropriately designed alternatives. PD applicants shall document meetingswith abutting residential owners and the results of such meetings. The intent ofthis provision is for the applicant to involve nearby residents in the PDproject. City staff shall assist in this process.

3) Where required, screening fences and walls shall be erected. Thestandards of Chapter 1141 shall be used as a guide, but those standards may bemodified without the need for a variance based upon other considerationsdetermined by the Commission that such considerations would comply with theprovisions of the Code and the intent of the PD.

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4) If used, the owner of the property on which the fence is required to beerected shall permanently and adequately maintain screening fences orwalls. The following types of walls or fences shall qualify, Chapter 1141notwithstanding.

5) Masonry wall or fence. Masonry fences or walls shall be constructedwith the finish side out and of any of the following materials:

A. Native stone

B. Brick

C. Precast concrete panels with decorative finish or decorative concretemasonry units

D. In no case shall more than twenty -five percent (25 %) of the area of the

fence be erected with common smooth -face masonry units. 6) Ribbed metal panel fence. Suitably finished to blend with the primary

structure and supported by structurally sound metal frame. 7) Vegetative screening. Using plants and fence materials, vegetative

screens may be proposed. 8) Screening of roof - mounted equipment. All roof - mounted equipment

that rises above the roofline of any building or structureg) Streetscape Improvements.

1) A Streetscape Plan shall be submitted for the entire site. TheStreetscape Plan shall address the relationship between vehicular and pedestriantraffic, pedestrian facilities, sheet and sidewalk lighting, landscaping, streetfurniture, trash receptacles, and transit stops.

2) The design of streets, pedestrian ways, landscaping, lighting, and streetfurniture shall be coordinated and integrated throughout the site.

3) Vehicular streets and driveways shall be designed to be compatible withpedestrian ways to encourage a pedestrian friendly environment. The width ofsheets shall be sensitive to pedestrian scale, and shall be minimized to avoidoverwhelming that pedestrian scale while allowing for efficient vehicular trafficflow.

4) Site furnishings such as benches, seating, trash receptacles, bike racks, lighting fixtures, and tree grates shall be addressed in the Streetscape Plan.

h) Service Area and Mechanical Screening. 1) The location of service areas and mechanical equipment shall be

considered as part of the overall site design.

2) Service areas and mechanical equipment shall be screened from publicview.

i) Signaee.

1) A master sign plan shall be prepared illustrating the location, type, size, and materials of all signage, pursuant to Chapter 1329 of the Building Code.

2) It shall be the duty of the Board of Building Standards /ArchitecturalBoard of Review to review the sign proposal. The standards contained inChapter 1329 of the Building Code shall be used as a guide, but those standardsmay be modified without the need for a variance based upon otherconsiderations determined by the Board of Building Standards /ArchitecturalBoard of Review that such considerations would comply with the provisions ofthe Building Code and the intent of the PD. Generally, the standard will belandscaped monument signs and multi- tenant signs.

j) Lighting. 1) A lighting plan shall be prepared, including a photometric illustration.

2) It shall be the duty of the Board of Building Standards /ArchitecturalBoard of Review to review the lighting proposal. The standards contained inChapter 1306 of the Property Maintenance Code shall be used as a guide, butthose standards may be modified without the need for a variance based uponother considerations determined by the Board of Building

NM

Standards /Architectural Board of Review that such considerations would

comply with the provisions of the Building Code and the intent of the PD. 3) Lighting shall be designed to avoid spillover onto adjacent properties

through the use of cutoff shields or other similar features.

k) Fences. It shall be the duty of the Architectural Board of Review toreview the fence requirements pursuant to Chapter 1153 to determine whethersaid plan is consistent with the provisions of the Code and the intent of the PD.

1) Urban Olen Space.

1) No plan for a PD shall be approved unless such plan provides for urbanopen space.

2) Common open space ( whether dedicated to public use or owned and

maintained in common by the owner or owners) shall be reserved for the leisureand recreational use of all the project' s occupants and readily accessible thereto.

3) The guideline for PD open space is twenty percent ( 20 %) of the project

area.

4) Landscaping requirements can be incorporated into the open spacerequirement pursuant to subsection ( f).

5) The Commission in making this determination may consider theavailability and nature of adjacent or nearby public open space and parkland.

6) Common open space is land area of which at least fifty percent ( 50 %) isnot covered by buildings, structures or the building' s parking spaces.

7) Cormnon open space shall be guaranteed by a restrictive covenant in thedeed describing the open space and its uses, and requirements regardingmaintenance, and improvement that run with the land for the benefit ofoccupants or the public.

in) Amenities. All PD' s with residential uses may provide amenities withinthe site which may include: courtyards, a swimming pool, spa, clubhouse, tot lotwith play equipment, picnic shelteribarbecue area, court game facilities such astennis, basketball, or racquetball, or child day care facilities. The type ofamenities shall be approved by the Commission and provided according to thefollowing schedule:

Number of

Dwelling Units

Minimum

Number of

Amenities

0 - 11 0

12 -50 1

51 -100 2

101 -200 3

201 -300 4

1156.06 DEVIATIONS FROM OTHER REGULATIONS. a) The Commission may approve deviations from other applicable

regulations of this Code controlling development within a PD, provided that theCommission shall find that such deviation shall be solely for the purpose ofpromoting an integrated site plan and would be consistent with the Vision.

b) Any deviation from the standard development requirements included inthe Code shall be justified by the benefits and design ofthe proposed PD.

c) Additional standards specific to a PD. 1) Unified ownership. The entire tract or parcel of land to be occupied by

the proposed development shall be held in single ownership, or if there are two2) or more owners, the application for such proposed development shall be filed

P39

jointly by all such owners. This requirement shall ensure that the property isdeveloped as a unified whole.

2) Unified ownership or purchase agreement must be accomplished priorto a Development Agreement, if applicable, being submitted to the Director.

3) Site design. The location, configuration, construction, manner and time

of operation of off - street parking and loading areas, service areas, circulationsystems, entrances, exits, open space, amenities, lighting, or other potentiallydetrimental influences shall be designed to avoid adverse effects on:

A. Residential uses within or adjoining the development; B. Traffic congestion; and vehicular or pedestrian traffic.

4) Utilities. The proposed development shall provide, if possible, forunderground installation of utilities ( including electricity and telephone) withinboth public ways and private extensions thereof. Provisions also shall be madefor acceptable design and construction of storm water facilities includinggrading, gutter, piping, and treatment of turf and maintenance offacilities. Sto,anwater facilities shall be designed and constructed in compliancewith Ohio Environmental Protection Agency regulations and local ordinances.

1156. 07 PERFORMANCE AND MAINTENANCE BONDS.

a) For all PDs, the City shall require a performance bond equal to the totalcost of the improvements to be completed. Such bond shall set forth the City asthe beneficiary and shall be issued by a reputable and solvent bonding company, licensed to do business in Ohio and shall be deposited with and retained by the

City until all improvements are constructed to the satisfaction of the Engineerfor public improvements) and the Building Commissioner ( for private

improvements). The City may waive such performance bond requirement ifthere is a Development Agreement with the City, which governs such securityprovisions.

b) After the public improvements are completed and accepted by theEngineer, the Engineer may require the developer to provide the City with a two2) year maintenance bond of at least ten percent ( 10 %) of the approved

estimated cost of construction. The developer shall complete the construction or

repairs of all improvements within two ( 2) years from the date of permission toproceed. Otherwise, the City shall have the right to use the performance bondmoney to complete the improvements. Council may extend the aforesaid two2) year period for good cause.

is hereby repealed.

Section 2. That new Chapter 1156, Planned Development is hereby enacted to read asfollows:

1156.01 PURPOSE.

Planned Development ( PD) zoning is intended to encourage orderly

otherwise possible under the constraints of normal zoning requirements without

detriment to neighboring properties. A Planned Development -(P% «..

design, aan urban qtfeet b ter in order to inemasc pedestrian FA

redileo yehiel4ar traffic, pfornote energy efficient design, and accommodate

P40

irAendedt) flexible appreaen to land use control and to pFomate

variety of snib types developeduses .

l m

plo54 ,. rp

enteftun;ties.

Planned Development Zoning is intended to encourage development which isconsistent with the Community Vision including more compact development, pedestrian friendly site design urban street character, energy- efficient design, industry best practices and accommodation of a range of compatible land usesthrough appropriate site design PDs are intended to permit a more flexibleapproach to land use control and to promote a variety of housing types. A PD t d 1 F act « e. lestrian scaled, mixed use

lineigh.. 1' »

b ». ' ____..._____ - __ —.

1, 1 *•• : de tcp

effleinng,ip's in IMP of infirwqtillaurp, It iq intended to pa

ae

ma c podestriati friendb

hi b distripts PD maing can support PommereialV

carFidor development

and uFban design high qualit) plans

t that is .. : ateb t tl, the Il:..i,.., fl r

intended to help advance revitalization initiatives and recognize the marketdemand for new residential and commercial development within compact, pedestrian friendly districts PD zoning is intended to work in conjunction withthe proactive development of pocket parks open spaces and the creation ofpublic spaces within the districts PD Zoning specifically discourages those usesthat promote a strip center development pattern promote idle land and overparking and detract from the image enhancement intentions of this district.

development ' al lama and over ^

jhanpmpnt ilitpntiong F this a' triet Planned De 1 gt..

1156.02 LOCATION OF PLANNED DEVELOPMENTS.

considered as part of the approval process

P41

E— ffismamc

considered as part of the approval process

P41

b) Approval of a Planned Development will result in a zoning mapamendment It shall result in the creation of a new site - specific zoning districtwith specific requirements and standards that are unique to that planned

development.

e) Grouping of uses permitted in other districts to create developments ofcompatible and mutually supportive activities is encouraged provided there areadequate buffers to adjacent properties of other uses and designs to promote

compatibility and transitions to adjacent properties.

d\ All properties ides t :F.e. l as be :. part of awe OTC shall be designated a DTl

on1, 7

anL

r r

roupina

of ., uses

matted the« districts to ., ate

developments compatibleF d Walls

suppm4ive activities encouraged

providedd h d ' . ate adjacentrs

toadjacent properties ofother

dare

designs

d) It is not intended that the Commission automatically approve PDproposals that seek increases in density, changes in allowed uses or alterations

Chapter and cannot be substantially achieved in any base zoning district. e)

T is not intended that the ! a.

miss: automatically approve PDproposals that n density, changes allowed uses, or altPratio

Ghapter°

ef) A PD should utilize the following characteristics to the greatest possibleextent which shall be considered in the approval process:

1) Designs that reflect the Vision and that offer types or densities ofdevelopment that are not available under the other Sections of this Code.

2) Designs that utilize a creative approach to achieve better urban design, efficiencies in use of land and infrastructure, and the provision of aesthetic

amenities.

3) Designs that provide appropriate buffers and transitions between areaswith different land uses and development densities.

4) Designs that maintain or enhance the appearance of neighborhoods bycomplementing neighborhood architectural character.

5) Designs that are intended to encourage flexibility, innovation, andcreativity in site and development design by allowing the mixing of permitteduses and/ or modification of variation from otherwise applicable zone district anddevelopment standards.

6) Designs, h• h of retail, service, office, housing, livework units, d public activities to coexist in manner that rereflects liuman a ale

d h d al

orientation, t : advantageadvantage of the vitalityY r

mixed uses can bringto then .. nit

67) Designs that conserve areas of natural beauty and green spaces to thegreatest degree possible consistent with accommodating new development.

79) Designs that incorporate " green architecture" pursuant to

Resolution 7746 -03, City ofLakewood Green Building Policy.

1156.03 STANDARDS FOR REVIEW OF A PRELIMINARY PD PLAN. An application for approval of a Preliminary PD Plan, together with submitted

plans and reports, shall be reviewed for its conformance with the followingstandards:

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a) The proposed PD should contain uses that are sensitive to the abutting

Business, C4 Public School DistAct, or the MH Multiple Family, High-DensityResidential Distfiet in vdiich the PD is laeaw4- m dffied according to ( bb low, but such uses y be mixed within the plannedH same struettire located i the PD;

b) The proposed PD shall comply with the subdivision requirements as setforth in Chapter 1155 of this Cade, except to the extent modifications, variances,

or waivers have been expressly allowed pursuant to paragraph (e) below; c) Adverse impacts on adjacent properties, including but not limited to

increased traffic or noise, as described in Chapter 515 of the Ordinances, andvisual impacts, shall be mitigated to the maximum extent feasible;

d) The PD shall be integrated with adjacent development through streetconnections, sidewalks, trails, and similar features;

e) All district, development, and subdivision standards set forth in Chapters1127 and 1129 ( such as lot size, floor area ratio, structure height, etc.), and

1155, except those specified in subsection ( f) below, may be modified or variedupon a finding that the proposed PD incorporates creative site design whichrepresents an improvement in quality and service of the purposes set forth inSection 1156.01 over what could have been accomplished through strict

application of the otherwise applicable district or development standards,

including but not limited to improvements in open space provision and access; environmental protection; tree /vegetation preservation; efficient provision of

streets, roads, and other utilities and services; or choice of living and housingenvironments;

t) The proposed PD shall comply with the following requirements, whichshall not be modified or varied except as expressly set forth below or aspermitted by the Commission.

1) Minimum area requirement. All Planned Developments shall have aminimum size of 10,000 square feet.

2) Setbacks from adjoining residential uses. A Planned Development shall

comply with any applicable zone district standards that require minimumsetbacks from adjoining residential uses or properties as set forth in Chapter1121 and 1123.

3) Environmental protection standards. All Planned Developments shall

comply with Ohio Environmental Protection Agency regulations and localordinances.

4) Architectural and design standards. All Planned Developments shall

comply with all architectural and design standards, including those set forth inSection 1156.05, Design Principles, of this Code and Chapter 1325 of the

Building Code.

1156.04 PLANNED DEVELOPMENTS.

a) Consolidation with Subdivision Approval. The applicant shall

consolidate an application for Preliminary PD Plan approval with an applicationfor subdivision plat approval, pursuant to Chapter 1155, and shall consolidate anapplication for Final PD Plan approval with an application for final subdivisionplat approval. Such consolidated application shall be submitted in a form thatsatisfies both the PD requirements of this Code and the provisions, includingsubmittal requirements, of Chapter 1155. The time frame and approval processfor the consolidated PD /subdivision application shall follow the time frame and

P43

approval process set forth in this section. The plat included as part of anapproved Final PD Plan shall be recorded as the final subdivision plat.

b) Procedures for Approval of a Preliminary PD Plan. PlannedDevelopments, similar to subdivisions, are first approved in preliminary form, and then approved in final form. The applicant may select Preliminary PD PlanOption One or Preliminary PD Plan Option Two.

c) Preliminary PD Plan Option One: 1) Pre - application conceptual review meeting. A pre - application


2) The Commission' s role shall be to review all applications forPreliminary PD Plans and make a recommendation to the Director to approve, approve with conditions, or deny the application based on compliance withSection 1156. 03 of this Code. If the Commission recommends approval of anapplication with conditions, the applicant shall resubmit to the Commission a


3) A plan previously receiving Preliminary Plan approval may proceedwith Final PD Plan approval.

4) Upon receipt of the approved Preliminary PD Plan from theCommission, the Director shall forward the application to the ArchitecturalBoard of Review for review of the application based on compliance with thestandards set forth in subsection 0) below.

d) Preliminary D Plan Option Two: 1) Pre - application conceptual review meeting. A pre - application


2) The Commission' s role shall be to review all applications forPreliminary PD Plans and make a recommendation to the Director to approve, approve with conditions, or deny the application based on compliance withSection 1156.03 of this Code. If the Commission recommends approval of anapplication with conditions, the applicant shall resubmit to the Commission a


3) Preliminary approval must be received to proceed. 4) Upon completion of the initial review of the Preliminary PD Plan by the

Commission, the applicant may request the Director to submit the PreliminaryPD Plan to City Council for review and preliminary approval.

5) Upon receipt of the approved Preliminary PD Plan from theCommission and City Council, the Director shall forward the application to theArchitectural Board of Review for review of the application based oncompliance with the standards set forth in subsection 0) below.

e) Procedures for Approval of a Final PD Plan. 1) A plan previously receiving preliminary approval may be submitted for

Final Approval.

2) A Final PD Plan may cover the entire area covered by the PreliminaryPD Plan, or it may include only a phase or phases of the Preliminary PDPlan. Only such phases as receive Final Approval may be advanced forpurposes of obtaining building permits and being constructed.

3) A preliminary plan complying with the requirements set forth in Section1155.03, Subdivision Regulations, General Requirements, and a plat complyingwith the requirements set forth in Section 1155.03' Subdivision Regulations, General Requirements, shall be prepared for each lot consolidation andsubmitted with an application for approval to the Director, except, at thediscretion of the Director, the preliminary plan may be waived, prior to thedeadline established by the Commission by rule. The purposes of the

P44

preliminary plan are to allow the Commission to determine if it qualifies as apotential PD and its compliance with other City codes.

4) Concurrent with submission of an application for approval of a FinalPD Plan, the Director shall submit to City Council a final DevelopmentAgreement, if applicable, for review and execution.

5) The Commission' s role shall be to review any application for Final PDPlan approval and make a recommendation to the Director to approve, approve

with conditions, or deny the application based on its compliance with Section1156.03 ofthis Code.

6) If the Commission recommends approval of an application with

conditions, the applicant shall resubmit to the Commission a revised Final PDPlan that reflects the changes or modifications required or suggested by theCommission in its initial review.

7) Upon receipt of the approved Final PD Plan from the Commission theDirector shall forward the application to the Architectural Board of Review forreview of the application based on compliance with the standards set forth insubsection 0) below.

8) Upon receipt of:

A. The approved Final PD Plan f om the Architectural Board of Review, B. An approved lot split and/ or lot consolidation plat signed by the

Chairman and Secretary of the Commission, andC. An approved and executed Development Agreement from City

Council if applicable, the Final PD Plan and plat shall be forwarded to Council

along with the Commission' s recommendation for approval. D. Council shall approve or disapprove the Final PD Plan within forty-

five (45) days from the date received by Council. E. When the Final PD Plan is approved:

1. The plat shall be recorded;

2. Applicable building permits may be applied for and issued; and3. Construction shall begin within sixty ( 60) days of issuance of the

permits referred to in subparagraph ( e)( 8) E.2. herein. f) Street Acceptance. Where streets are to be dedicated to public use, upon

approval of all improvements by the Engineer, the developer shall file acertificate and opinion of title, a guarantee of title or a title insurance policy inthe amount of the market value of the property but not less than $ 1, 000. 00 withthe Law Director showing the title to the street( s) in the PD to be good in theCity for street purposes and to be free and clear of all liens and encumbranceswhatsoever. The plat shall then be presented to Council for acceptance andconfirmation of the dedication of such street( s).

g) Recording. The plat shall be filed and recorded in the offices of theCounty Auditor and County Recorder by an authorized representative of the Citywithin thirty (30) days after final approval.

h) Fees. A review and recording fee, established pursuant to Section1173.06 shall be included with the application.

i) Notice Procedures. Where a PD is requested, notice of the public hearingheld pursuant to Section 1171. 03( i) shall be made in a newspaper of generalcirculation no less than seven (7) days before the hearing; said notice shall statethe time and place of the hearing in accordance with Chapter 107 ( Publication ofLegal Notices) of the Ordinances.

1) In addition, notice, indicating the time, place, and subject of thehearing, shall be sent by regular mail to the owners of:

A. All properties abutting the PD; B. All properties abutting such properties described in subparagraph

i)( 1) A. herein, including properties located across the right -of -way from orbehind said abutting properties;

C. Any other property the Director deems affected by the proposed PD.

M,

2) Where a property described in paragraph ( i)( 1) above contains acondominium of more than ten ( 10) units, notice shall be sent to the president ofthe condominium association and the management company responsible for thebuilding; the management company shall receive sufficient copies of the noticeto post two ( 2) on every floor of the building at locations determined by thecompany.

0) Standards for Review. All applications for PD' s shall demonstratecompliance with the requirements and review standards set forth in Section1156. 05 of this Carle and Chapter 1325 of the Building Code.

k) Effect of Approvals.

1) Effect of approval of a Preliminary PD Plan.

A. An approved Preliminary PD Plan shall be valid for a period of twelve12) months from the date of the Commission' s action.

B. Application for approval of a Final PD Plan for all or any phase of the

Preliminary PD Plan may be made at any time within the twelve ( 12) monthperiod following the Commission' s approval of the Preliminary PD Plan. Anapproved application for a Final PD Plan for any phase or portion of thePreliminary PD Plan shall extend the life of the Preliminary PD Plan for anadditional twelve ( 12) month period fiom the date the Final PD Plan isapproved. If the original or any successive twelve ( 12) month period expiresbefore a completed application for a Final PD Plan approval is submitted, unlessa different time fiame is specified in the development agreement, thePreliminary PD Plan approval shall automatically lapse and be null and void andall of the properties included in the preliminary plan for which Final PD Planapproval has not been given shall be subject to the zoning and subdivisionregulations otherwise applicable to them.

C. During the period an approved Preliminary PD Plan is effective, nosubsequent change or amendment to this Cade or any other governing ordinanceor plan shall be applied to affect adversely the right of the applicant to proceedwith any aspect of the approved development in accordance with the terms ofsuch Preliminary PD Plan approval, except that the applicant shall comply withthose local laws and regulations adopted subsequent to the approval of such

Preliminary PD Plan if the Commission determines, on the basis of writtenfindings, that compliance is reasonably necessary to protect the public health, safety, or welfare.

2) Effect of approval of a Final PD Plan. A. An approved Final PD Plan shall be valid for a period of two ( 2) years

from the date City Council approves the rezoning. B. During the period an approved Final PD Plan is effective, no

subsequent change or amendment to this Code or any other governing ordinanceor plan shall be applied to affect adversely the right of the applicant to proceedwith any aspect of the approved development in accordance with the terms ofsuch Final PD Plan approval, except that the applicant shall comply with thoselocal laws and regulations adopted subsequent to the approval of such Final PDPlan if the Commission determines, on the basis of written findings, thatcompliance is reasonably necessary to protect the public health, safety, orwelfare.

C. Within the two (2) year period, the developer /owner shall: 1. Submit the plat portion of the Final PD Plan as the final subdivision

plat for recording by the City surveyor, Chapter 1155 notwithstanding; and2. Undertake substantial construction of at least the first approved phase

of the PD development.

3) If these actions are not completed within the two ( 2) year time period, such Final PD Plan shall automatically lapse and become null and void.

1) Applications for Preliminary and Final PD Plans shall be submitted to theCommissioner upon such forms as approved by the City.

m) Modifications of Final PD Plan.

1) A minor modification shall be defined, for purposes of this Chapter, as

any alteration other than a major modification ( as defined below) to an alreadyapproved Final PD Plan.

A. A minor modification must be reviewed and approved by theCommission and Architectural Board of Review.

2) A major modification shall be defined, for purposes of this Chapter, as

the addition to an already approved Final PD Plan of any property or propertieslocated in a Cl Office, C2 Retail, C3 General Business District or the MH

Multiple - Family, High Density Residential District, or the addition to an alreadyapproved Final PD Plan of any property or properties located in the R1L, RIM, R1H, R2, ML or L residential zoning district that abut a PD or, the addition toan already approved Final PD Plan that changes the mix of uses.

A. The review of a major modification by the Commission, ArchitecturalBoard of Review and City Council shall be processed in accordance with theprocedure for approval of a Preliminary and Final PD Plan as described inSection 1156.04(c) or Section 1156.04( d) and Section 1156.04( e).

1156.05 DESIGN PRINCIPLES.

The following Design Principles provide certain guidelines and requirements, as noted, in the design preparation of a Preliminary PD Plan.

a) Building and Site Design

1) Wherever feasible, buildings shall be designed to provide massing

configurations with a variety of different wall planes. Plain, monolithicstructures with long walls and roof plane surfaces are discouraged.

2) Building facades should incorporate design elements such as changes incolor or texture; projections recesses and reveals; arcades or pergolas providing

pedestrian interest or equivalent elements that subdivide the wall into humanscale proportions Commercial facades facing streets or pedestrian ways shall

incorporate large amounts ( at least sixty (60) percent of the facade) of windowsthat permit views into the interior of the building or display windows. 2) C h building f ....a.. shall incorporate d ere /. s for twenty (20

horizontal feet, such changes1 .. t:., recesses, n. i

reveals; arcades 1 pnovidiagpedestiian interest; or equivalent alo... ont$

that 1 . 1' ' a he ll into human scale pEoportions. ground lewd F cane$

3) Commercial Building facades shall have highly visible customerentrances that feature canopies, overhangs, arcades, distinctive roof forms,

arches, display windows, or landscaped features. Primary entrances should facestreets on which they are located.

4) Buildings shall have well defined rooflines with attention toarchitectural detail. Consideration should be given to the prevailing pattern of

roofs in the area surrounding and within the PD. 5) Sloping roofs, where used, shall have one ( 1) or more of the following

architectural features: gables, hips, horizontal or vertical breaks, or other similar

techniques that are to be integrated into the building architecture. b) Building Materials. Building materials shall be limited to brick, masonry,

stucco, wood, fiber, cement siding, wood shingle, wood siding, cultured stone, or other similar materials. Prohibited materials include aluminum or vinyl

siding, dryvit -type products on the lowest eight ( 8) feet of any structure, splitfaced block, and other similar materials.

c) Vehicular Circulation and Access.

P47

1) Circulation systems shall be designed to efficiently facilitate trafficflow, yet designed to discourage speeds and volumes that impede pedestrian

activity and safety. 2) Street designs are encouraged to incorporate traffic calming devices and

techniques.

3) Common or shared access points are encouraged.

4) To the maximum extent feasible, common or shared service and

delivery access shall be provided between adjacent parcels or buildings, andprovided to the rear of buildings.

5) Safe and adequate site distances shall be provided at all intersections. 6) Transit stops should be incorporated into site plans, where feasible. 7) The developer as part of the site plan review process shall provide

traffic impact studies.

d) Pedestrian Access and Circulation. 1) A coordinated pedestrian system shall be provided throughout the PD,

including connections between uses on the site, and between the site andadjacent properties and rights -of -way. Pedestrian connections shall be providedto properties across streets wherever feasible.

2) The site shall be connected to adjacent properties and pedestrianfacilities to the maximum extent feasible.

3) Continuous sidewalks or other pedestrian facilities shall be providedbetween the primary entrances to buildings, all parking areas that serve thebuildings, pedestrian facilities on adjacent properties that extend to theboundaries shared with the PD, any public sidewalk along perimeter streets, orother community amenities or gathering spaces.

4) Decorative sidewalks, such as brick pavers, are encouraged at keyintersections or streets.

5) Street furniture or other amenities are encouraged, such as plazas,

benches, and decorative pedestrian light fixtures.

6) Open and public areas should be provided as a mixture of green spacelandscaping and hardscape pedestrian areas with a goal of twenty (20) percent ofthe site area.

e) Parking.

1) Adequate parking shall be provided, but excessive parking isdiscouraged. The standards contained in Chapter 1143 shall be used as a guide, but those standards may be modified without the need for a variance based uponother considerations as determined by the Commission, and a finding by theCommission that the modified parking standards would comply with theprovisions of the Code and the intent of the PD.

2) . k ,. hall be distributed /. ebye0.. thy. '" and rea oi a

e side,

buildings the maximum extent feasible.

32) The visual impact of parking shall be minimized through the use ofinterior landscaped islands and through dividing parking spaces into groupings.

43) The edges of parking lots shall be screened through landscaping orother methods such as decorative fences.

34) A minimum of one ( 1) off -street parking space shall be requiredbehind each residential unit or garage. No garage openings shall be permittedonto public streets.

f) Landscaping and Screening.

1) It shall be the duty of the Commission to determine whether areasonable percentage of the area within a PD shall be maintained in acombination of landscaped and urban open space. The project must adhere to

the spirit of the City' s landscape values. The standards contained in Chapter1141 shall be used as a guide, but those standards may be modified without theneed for a variance based upon other considerations determined by the

EF

Commission that such considerations would comply with the provisions of theCode and the intent of the PD.

2) Pedestrian access from adjacent residential streets is encouraged. Theowners of residential property directly abutting rear yards, parking and loadingareas of a PD shall be contacted and offered masonry screening and/ or

appropriately designed alternatives. PD applicants shall document meetingswith abutting residential owners and the results of such meetings. The intent ofthis provision is for the applicant to involve nearby residents in the PDproject. City staff shall assist in this process.

3) Where required, screening fences and walls shall be erected. Thestandards of Chapter 1141 shall be used as a guide, but those standards may bemodified without the need for a variance based upon other considerations

determined by the Commission that such considerations would comply with theprovisions of the Code and the intent of the PD.

4) If used, the owner of the property on which the fence is required to beerected shall permanently and adequately maintain screening fences orwalls. The following types of walls or fences shall qualify, Chapter 1141notwithstanding.

5) Masonry wall or fence. Masonry fences or walls shall be constructedwith the finish side out and of any of the following materials:

A. Native stone

B. Brick

C. Precast concrete panels with decorative finish or decorative concretemasonry units

D. In no case shall more than twenty- five percent (25 %) of the area of the

fence be erected with common smooth -face masonry units. 6) Ribbed metal panel fence. Suitably finished to blend with the primary

structure and supported by structurally sound metal frame. 7) Vegetative screening. Using plants and fence materials, vegetative

screens may be proposed. 8) Screening of roof - mounted equipment. All roof - mounted equipment

that rises above the roofline of any building or structureg) Streetscape Improvements.

1) A Streetscape Plan shall be submitted for the entire site. TheStreetscape Plan shall address the relationship between vehicular and pedestriantraffic, pedestrian facilities, street and sidewalk lighting, landscaping, streetfurniture, trash receptacles, and transit stops.

2) The design of streets, pedestrian ways, landscaping, lighting, and streetfurniture shall be coordinated and integrated throughout the site.

3) Vehicular streets and driveways shall be designed to be compatible withpedestrian ways to encourage a pedestrian friendly environment. The width ofstreets shall be sensitive to pedestrian scale, and shall be minimized to avoidoverwhelming that pedestrian scale while allowing for efficient vehicular trafficflow.

4) Site furnishings such as benches, seating, trash receptacles, bike racks, lighting fixtures, and tree grates shall be addressed in the Streetscape Plan.

h) Service Area and Mechanical Screening. 1) The location of service areas and mechanical equipment shall be

considered as part of the overall site design. 2) Service areas and mechanical equipment shall be screened from public

view.

i) Sienage.

1) A master sign plan shall be prepared illustrating the location, type, size, and materials of all signage, pursuant to Chapter 1329 of the Building Code.

2) It shall be the duty of the Board of Building Standards /ArchitecturalBoard of Review to review the sign proposal. The standards contained in

Chapter 1329 of the Building Code shall be used as a guide, but those standardsmay be modified without the need for a variance based upon otherconsiderations determined by the Board of Building Standards /ArchitecturalBoard of Review that such considerations would comply with the provisions of

the Building Code and the intent of the PD. Generally, the standard will belandscaped monument signs and multi- tenant signs.

j) Lighting. 1) Alighting plan shall be prepared, including a photometric illustration.

2) It shall be the duty of the Board of Building Standards /ArchitecturalBoard of Review to review the lighting proposal. The standards contained inChapter 1306 of the Property Maintenance Code shall be used as a guide, butthose standards may be modified without the need for a variance based uponother considerations determined by the Board of BuildingStandards /Architectural Board of Review that such considerations would

comply with the provisions of the Building Code and the intent of the PD. 3) Lighting shall be designed to avoid spillover onto adjacent properties

through the use of cutoff shields or other similar features.

k) Fences. It shall be the duty of the Architectural Board of Review toreview the fence requirements pursuant to Chapter 1153 to determine whethersaid plan is consistent with the provisions of the Code and the intent ofthe PD.

1) Urban Open Space. 1) No 1 F PD shall b approved

12) Common open space ( whether dedicated to public use or owned and

maintained in common by the owner or owners) shall be reserved for the leisureand recreational use of all the project' s occupants and readily accessible thereto.

23) The guideline for PD open space is twenty percent ( 200/ 0) of theproject area.

34) Landscaping requirements can be incorporated into the open spacerequirement pursuant to subsection ( f).

43) The Commission in making this determination may consider theavailability and nature of adjacent or nearby public open space and parkland.

56) Common open space is land area of which at least fifty percent ( 50 %) is not covered by buildings, structures or the building' s parking spaces.

67) Common open space shall be guaranteed by a restrictive covenant inthe deed describing the open space and its uses, and requirements regardingmaintenance, and improvement that run with the land for the benefit ofoccupants or the public.

m) Amenities. All PD' s with residential uses mayLshould provide on -siteamenities within the site which contribute to the open space These amenities

may include but are not limited to: courtyards, a swimming pool, spa, clubhouse, tot lot with play equipment, picnic shelter/barbecue area, court game facilitiessuch as tennis, basketball, or racquetball, or child day care facilitiesThe4yp" famenities shall b

rrd by

1, Commission and vided di i,

following

rWmb

Of

Dwellingunits

Minirnun

Number

Or

Amenities

9- -1?- 0

nQ 5 l2

51: 100 2

P50

10120 - 3

291389 4

1156.06 DEVIATIONS FROM OTHER REGULATIONS.

a) The Commission may approve deviations from other applicableregulations of this Code controlling development within a PD, provided that theCommission shall find that such deviation shall be solely for the purpose ofpromoting an integrated site plan and would be consistent with the Vision.

b) Any deviation from the standard development requirements included inthe Code shall be justified by the benefits and design of the proposed PD.

c) Additional standards specific to a PD.

1) Unified ownership. The entire tract or parcel of land to be occupied bythe proposed development shall be held in single ownership, or if there are two2) or more owners, the application for such proposed development shall be filed

jointly by all such owners. This requirement shall ensure that the property isdeveloped as a unified whole.

2) Unified ownership or purchase agreement must be accomplished priorto a Development Agreement, if applicable, being submitted to the Director.

3) Site design. The location, configuration, construction, manner and time

of operation of off - street parking and loading areas, service areas, circulationsystems, entrances, exits, open space, amenities, lighting, or other potentiallydetrimental influences shall be designed to avoid adverse effects on:

A. Residential uses within or adjoining the development; B. Traffic congestion; and vehicular or pedestrian traffic.

4) Utilities. The proposed development shall provide, if possible, for

underground installation of utilities ( including electricity and telephone) withinboth public ways and private extensions thereof. Provisions also shall be made

for acceptable design and construction of storm water facilities includinggrading, gutter, piping, and treatment of turf and maintenance offacilities. Stormwater facilities shall be designed and constructed in compliance

with Ohio Environmental Protection Agency regulations and local ordinances.

1156.07 PERFORMANCE AND MAINTENANCE BONDS.

a) For all PDs, the City shall require a performance bond equal to the totalcost of the improvements to be completed. Such bond shall set forth the City asthe beneficiary and shall be issued by a reputable and solvent bonding company, licensed to do business in Ohio and shall be deposited with and retained by theCity until all improvements are constructed to the satisfaction of the Engineerfor public improvements) and the Building Commissioner ( for private

improvements). The City may waive such performance bond requirement ifthere is a Development Agreement with the City, which governs such securityprovisions.

b) After the public improvements are completed and accepted by theEngineer, the Engineer may require the developer to provide the City with a two2) year maintenance bond of at least ten percent ( 10 %) of the approved

estimated cost of construction. The developer shall complete the construction or

repairs of all improvements within two (2) years from the date of permission to

proceed. Otherwise, the City shall have the right to use the performance bondmoney to complete the improvements. Council may extend the aforesaid two2) year period for good cause.

Section 3. It is found and determined that all formal actions of this Council concerningand relating to the passage of this ordinance 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

P51

formal action were in meetings open to the public in compliance with all legal requirements.

Adopted:

Approved:

P52

President

Cleric

Mayor

READ & REFERRED TO THE3FINANCE COMMITTEE? 4!

2/ 21/ 17. SECOND READING 3/ 6/ 17.

ORDINANCENO. 16 - 17 BY: Anderson, Bullock, Litten, Marx, Nowlin,

O' Leary, O' Malley.

AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five (5) members of Council, or otherwise to take effect and be in force after the earliest

period allowed by law, law authorizing the transfer and advance of certain funds.

WHEREAS, this Council by a vote of at least five (5) of its 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, Sections 10 and 13 of the Second Amended Charter of the

City of Lakewood, and that it is necessary for the immediate preservation of the public peace, property, health and safety, and to provide for the usual daily operation of municipal departmentsto provide for the usual daily operation of the City in that the City must record all financialtransactions within the appropriate fiscal period. Now therefore,

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO

Section 1. That the Director of Finance be and is hereby authorized to make thefollowing transfers and advances:

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2017

1st Quarter

Fund Transfers Out Transfers In

101 General Fund 240,068

Special Revenue Funds

250 Office on Aging IIIB 172, 500

Internal Service Funds

600 Hospitalization 63, 333

601 Workers' Compensation 4,234

Debt Service Payments

101 General Fund ( HB 300 Lease) 55,000

211 SCMR ( HB 300 Lease) 6, 250

260 Lakewood Hosptl ( HB 300 Lease) 300

501 Water (HB 300 Lease) 3, 813

510 WWC ( HB 300 Lease) 800

511 WWTP ( HB 300 Lease) 18, 750

520 Parking ( HB 300 Lease) 1, 125

530 Winterhurst (HB 300 Lease) 20, 000

301 Debt Service Fund 106, 038

512 WWTP Improvements 450, 000

301 Debt Service Fund 450,000

Fund Advances Out Advances In

240Community Development BlockGrant 40, 000

241 Emergency Shelter Grant 7, 000

281 Family to Family 85,000

530 Winterhurst 300,000

101 General Fund 432,000

P53


and relating to the passage of this ordinance 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 suchformal action were in meetings open to the public in compliance with all legal requirements.

Section 3. This ordinance is hereby declared to be an emergency measure necessary forthe immediate preservation of the public peace, property, health, safety and welfare in the Cityand for the usual daily operation of the City for the reasons set forth and defined in the preamble, and provided it receives the affirmative vote of at least five ( 5) of members of Council, this

ordinance shall take effect and be in force immediately upon its adoption by the Council andapproval by the Mayor otherwise, it shall take effect and be in force after the earliest periodallowed by law.

Adopted:

Approved:

President of Council

Clerk of Council

Mayor

READ & REFERRED TO THE FINANCE COMMITTEE

3/ 6/ 17.

ORDINANCE NO. 45 -16A BY:

AN ORDINANCE to take effect immediately provided it receives the affirmativevote of at least five ( 5) members of Council, or otherwise to take effect and be in force

after the earliest period allowed by law, to amend Ordinance No. 45 -16, adopted December19, 2016 authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and /or the Purchasing Manager to enter intocontracts for Memberships as authorized by the 2017 Appropriation Ordinance and theAdministrative Code of the City of Lakewood, contracts not to exceed $ 60,000 withoutseparate Ordinance of Council.

WHEREAS, this Council desires to provide additional authorization to the Mayor

Director of Public Safety), the Director of Public Works, the Director of Law, the Directorof Finance, and /or the Purchasing Manager to enter into contracts for Memberships asauthorized by the 2017 Appropriation Ordinance and the Administrative Code of the Cityof Lakewood as otherwise provided by law, and

WHEREAS, this Council by a vote of at least five of its 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, Sections 10 and 13 of the Second Amended Charter of the Cityof Lakewood, and that it is necessary for the immediate preservation of the public peace, property, health and safety, and to provide for the usual daily operation of municipal department in thatdelay could impair the City' s ability to provide necessary services in a timely manner forfiscal year 2017; now, therefore

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO

Section 1. Ordinance No. 45 -16, adopted December 19, 2016 currently reading asfollows:

Section 1. That the Mayor ( Director of Public Safety), theDirector of Public Works, the Director of Law, the Director of Finance,

and/ or the Purchasing Manager be and are hereby authorized and directedto enter into contracts with organizations for the following memberships, contracts not to exceed $ 60,000, except as hereinafter provided:

American Association of Police Polygraphists

American Institute of Certified Planners

American Payroll Association

American Planning AssociationAmerican Polygraph Association

American Public Works Association

American Society for Industrial Security ( ASIS), American Society of Civil EngineersAmerican Society of Sanitary Engineers

P55

American Water Works Association (AWWA)

Association ofMunicipal -County Judges of Ohio, Inc. Association ofPublic Treasurers ofthe US & Canada

Building Officials Conference of Northeastern Ohio (BOCONEO)

Cleveland Metropolitan Bar Association

Crisis Intervention Team International

Cuyahoga Animal Wardens Society (CAWS) Cuyahoga County Fire Chief s AssociationCuyahoga County Fire Officers AssociationCuyahoga County Mayors and City Managers AssociationCuyahoga County Police Chiefs Association

EnviroCert

Family to Family Administrators Council (Murtis Taylor Human Services System) FBI National Academy Associates ( FBINAA) First Suburb Consortium

First Suburb Development Council

Government Finance Officers Association of U.S. & Canada

Greater Cleveland Partnership

Heritage Ohio

High Technology Crime Investigation Association International

Institute of Traffic Engineers

International Association for Property and EvidenceInternational Association of Arson Investigators (IAAI)

International Association of Arson Investigators, Ohio Chapter

International Association of Bomb Technicians & Investigators ( IABTI) International Association of Chiefs ofPolice (IACP)

International Association of Electrical Inspectors ( IAEI) International Association of Electrical Inspectors - Western Reserve Division

International Association of Financial Crimes Investigators (IAFCI) International Association of Fire Chiefs

International Code Council

International Law Enforcement Educators and Trainers Association

International Municipal Signal Association

International Police Mountain Bike Association ( IPMBA)

International Society of Arboriculture

Keep America Beautiful

Lakewood Chamber of Commerce

League of American Bicyclists

Municipal Engineers Association of Northeast Ohio

Municipal Finance Officers Association of Northeast Ohio (MFOA)

National Association for the Education of Young Children (NAEYC) National Association of Housing & Redevelopment Officials (NAHRO) National Community Development AssociationNational Fire Protection Association

National Institute of Governmental Purchasing ( NIGP)

AB

National League of Cities

National Tactical Officers Association

North Central Ohio Building Officials AssociationNorth Coast Corrections Managers Association

Northeast Ohio Areawide Coordinating Agency (NOACA) Northeast Ohio City Council Assocation (NOCCA) Northeast Ohio Fire Chiefs Association (NEOFCA)

Northeast Ohio Fire Prevention Association

Northeast Ohio Law Directors Association

Northeast Ohio Municipal Prosecutors Association

Northeastern Ohio Municipal Court Clerks Association

Northern Ohio Municipal Judges Association

Northern Ohio Probation Officer' s Association

Northern Ohio Service Directors Association

Ohio Association of Arson Investigations

Ohio Association of Chiefs of Police ( OACP)

Ohio Association of Magistrates

Ohio Association of Municipal Court Clerks

Ohio Association of Plumbing InspectorsOhio Association of Polygraph Examiners ( CAPE)

Ohio Association of Public Treasurer' s ( OAPT)

Ohio Association ofTax Administrators

Ohio Auto Theft Investigators Association (OATIA)

Ohio Conference of Community DevelopmentOhio Crime Prevention Association ( OCPA)

Ohio D.A.R.E. Officers Association

Ohio EMS

Ohio Fire Chiefs Association

Ohio Identification Officers Association (OIOA)

Ohio Judicial Conference

Ohio Mayors Alliance

Ohio Municipal Judges Association

Ohio Municipal League

Ohio Police Juvenile Officers Association (OPJOA)

Ohio Public Utilities Protection ( OUPS)

Ohio School Resource Officers Association

Ohio State Bar Association

Ohio Tactical Officers Association

Public Purchasers Association of Northern Ohio (PPANO)

Real Estate Management

Sewer Pipe Users Group ( SPUG) Society for Human Resource ManagementSociety for Human Resource Management — Greater Cleveland ChapterSolid Waste Association ofNorth America

Street Maintenance and Sanitation Officials of Ohio

Team Crisis Negotiator

TransUnion of Northeast Ohio, Inc.

Treasurer, State of Ohio Cooperative Purchasing Program

Tree City USA (Arbor Day Foundation)

A7

Urban Land Institute

U.S. Communities

U.S. Conference ofMayors

Water Environment Federation

We Share

Section 2. That contracts for memberships in excess of $60, 000 shall not

be awarded except as approved herein or further approved by Ordinance ofCouncil.

shall be and is hereby amended to read as follows:

Section 1. The Mayor (Director of Public Safety), the Director of PublicWorks, the Director of Law, the Director of Finance, and/ or the PurchasingManager be and are hereby authorized and directed to enter into contracts withorganizations for the following memberships, contracts not to exceed $ 60,000, except as hereinafter provided:

American Association of Police Polygraphists

American Institute of Certified Planners

American Payroll Association

American Planning AssociationAmerican Polygraph Association

American Public Works Association

American Society for Industrial Security ( ASIS) American Society ofCivil EngineersAmerican Society of Sanitary EngineersAmerican Water Works Association (AWWA)

Association of Municipal - County Judges of Ohio, Inc. Association of Public Treasurers of the US & Canada

Building Officials Conference of Northeastern Ohio (BOCONEO)

Cleveland Metropolitan Bar Association

Central Ohio Organization of Public Purchasers ( CO -OPP)

Crisis Intervention Team International

Cuyahoga Animal Wardens Society (CAWS) Cuyahoga County Fire Chiefs AssociationCuyahoga County Fire Officers AssociationCuyahoga County Mayors and City Managers AssociationCuyahoga County Police Chiefs Association

EnviroCert

Family to Family Administrators Council (Murtis Taylor Human Services System) FBI National Academy Associates ( FBINAA) First Suburb Consortium

First Suburb Development Council

Government Finance Officers Association ofU.S. & Canada

Greater Cleveland Partnership

Heritage Ohio

High Technology Crime Investigation Association International

V

Institute of Traffic Engineers

International Association for Property and EvidenceInternational Association of Arson Investigators ( IAAI)

International Association of Arson Investigators, Ohio Chapter

International Association of Bomb Technicians & Investigators ( IABTI)

International Association of Chiefs of Police ( IACP)

International Association of Electrical Inspectors ( IAEI)

International Association of Electrical Inspectors - Western Reserve Division

International Association of Financial Crimes Investigators ( IAFCI)

International Association of Fire Chiefs

International Code Council

International Law Enforcement Educators and Trainers Association

International Municipal Signal Association

International Personnel Management Association, Northern Ohio Chapter

International Police Mountain Bike Association ( IPMBA)

International Society of Arboriculture

Keep America Beautiful

Lakewood Chamber of Commerce

League of American Bicyclists

Municipal Engineers Association of Northeast Ohio

Municipal Finance Officers Association of Northeast Ohio (MFOA)

National Association for the Education of Young Children (NAEYC) National Association of Clean Water Agencies (NACWA)

National Association of Housing & Redevelopment Officials (NAHRO) National Community Development AssociationNational Fire Protection Association

National Institute of Governmental Purchasing (NIGP) National League ofCities

National Tactical Officers Association

North Central Ohio Building Officials AssociationNorth Coast Corrections Managers Association

Northeast Ohio Areawide Coordinating Agency (NOACA) Northeast Ohio City Council Association (NOCCA) Northeast Ohio Fire Chiefs Association (NEOFCA)

Northeast Ohio Fire Prevention Association

Northeast Ohio Law Directors Association

Northeast Ohio Municipal Prosecutors Association

Northeastern Ohio Municipal Court Clerks Association

Northern Ohio Municipal Judges Association

Northern Ohio Probation Officer' s Association

Northern Ohio Service Directors Association

Ohio Association of Arson Investigations

Ohio Association of Chiefs of Police (OACP)

Ohio Association of Magistrates

Ohio Association of Municipal Court Clerks

Ohio Association of Plumbing InspectorsOhio Association of Polygraph Examiners ( GAPE)

Ohio Association of Public Treasurer' s ( OAPT)

Ohio Association of Tax Administrators

0

Ohio Auto Theft Investigators Association (OATIA)

Ohio Conference of Community DevelopmentOhio Crime Prevention Association (OCPA)

Ohio D.A.R.E. Officers Association

Ohio EMS

Ohio Fire Chiefs Association

Ohio Identification Officers Association (OIOA)

Ohio Judicial Conference

Ohio Mayors Alliance

Ohio Municipal Judges Association

Ohio Municipal League

Ohio Police Juvenile Officers Association (OPJOA)

Ohio Public Utilities Protection ( OUPS)

Ohio School Resource Officers Association

Ohio State Bar Association

Ohio Tactical Officers Association

Public Purchasers Association ofNorthern Ohio (PPANO)

Real Estate Management

Sewer Pipe Users Group (SPUG) Society for Human Resource ManagementSociety for Human Resource Management— Greater Cleveland ChapterSolid Waste Association of North America

Street Maintenance and Sanitation Officials of Ohio

Team Crisis Negotiator

TransUnion of Northeast Ohio, Inc.

Treasurer, State of Ohio Cooperative Purchasing ProgramTree City USA (Arbor Day Foundation)

Urban Land Institute

U.S. Communities

U.S. Conference ofMayors

Water Environment Federation

We Share

Section 2. Contracts for memberships in excess of $60, 000 shall not be

awarded except as approved herein or further approved by Ordinance of Council.

Section 2. It is found and determined that all formal actions of this Council

concerning and relating to the passage of this ordinance were adopted in an open meetingof this Council, and that all such deliberations of this Council and of any of its committeesthat resulted in such formal actions were in meetings open to the public in compliance with

all legal requirements.

Section 3. This ordinance is hereby declared to be an emergency measure necessaryfor the immediate preservation of the public peace, property, health, safety and welfare inthe City and for the usual daily operation of the City for the reasons set forth and defined inthe preamble, and provided it receives the affirmative vote of at least five members of

TH

Council, this ordinance shall take effect and be in force immediately upon its adoption bythe Council and approval by the Mayor, or otherwise it shall take effect and be in forceafter the earliest period allowed by law.

Approved:

us

President

Clerk

Mayor

REFERRED TO THE PUBLIC SAFETY

COMMITTEE 4M,.1/ 17/ 17. DEFERRED 2/ 21/ 17.

RESOLUTION NO. 8916 - 17 BY.

A RESOLUTION to take effect immediately provided it receives the affirmativevote of at least five members of Council, or otherwise to take effect and be in force at theearliest period allowed by law, to extend a moratorium on the granting of building permits or certificates of occupancy for any building, structure, use or change of use thatwould enable the cultivation, processing, or retail sale of medical marijuana for a periodnot to exceed six months from the effective date of this resolution, in order to allowCouncil and the Lakewood Planning Commission to review applicable Ohio statutes, criminal codes and the Lakewood Zoning Code relative to such use.

WHEREAS, on June 8, 2016, the Ohio General Assembly has adopted and theGovernor has signed into law 131 Sub. H.B. 523, which became effective September 8, 2016; and

WHEREAS, 131 Sub. H.B. 523, among other things, permits patients in Ohio touse medical marijuana on the recommendation of physicians; creates state regulatory

oversight of the cultivation, processing, retail sale, use and physician recommendation ofmedical marijuana; authorizes the legislative authority of a city to adopt regulations toprohibit or limit the number of retail medical marijuana dispensaries; and prohibits a cul- tivator, processor, retail dispensary or laboratory from being located or relocating within500 feet of a school, church, public library, public playground or public park; and

WHEREAS, with the adoption of Resolution 8878 -16, Council imposed a six - month moratorium in July 2016 on medical- marijuana - related activities in Lakewood; and

WHEREAS, the rules involving these various aspects of the new law continue tobe proposed and written at the state level; and

WHEREAS, as such, Council and the Planning Commission require additionaltime to undertake a review of all applicable codes statewide and within the city in orderto formulate a local response to 131 Sub. H.B. 523; and

WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power to enact planning and zoning laws that are forthe health, safety, welfare, comfort and peace of the citizens of the municipality includingrestricting areas used for businesses and trades; and

WHEREAS, this Council by a vote of at least five members thereof determinesthat this resolution is an emergency measure, that this resolution shall take effect at theearliest date possible as set forth in Article II1, Sections 10 and 13 of the Second Amend-

ed Charter of the City of Lakewood and that it is necessary for the immediate preservation of the public property health and safety and to provide for the usual daily operationof municipal departments in that the affected businesses are able to apply for a permitimmediately notwithstanding the potential application of criminal and zoning codes; now, therefore


Section 1. Council hereby extends the moratorium imposed by Resolution 8878- 16 on the granting of building permits or certificates of occupancy for any building, structure, use or change of use that would enable the cultivation, processing, or retail saleof medical marijuana for a period not to exceed six months from the effective date of this

resolution, in order to allow Council and the Lakewood Planning Commission to reviewapplicable Ohio statutes, criminal codes and the Lakewood Zoning Code relative to suchuse

Section 2. For the purpose of this resolution, " medical marijuana" shall have the

same meaning as that term is defined in Section 3796.01( A)(2) of the Ohio RevisedCode.

Section 3. No building permits, certificates of occupancy or any other permitsshall be granted to a business owner who intends to open, use any land or devote anyfloor area of the business for the purposes of the cultivation, processing, or retail sale ofmedical marijuana for the period of this moratorium. No valid existing business in theCity may expand in any way that would establish cultivation, processing, or retail sale ofmedical marijuana for the duration of the moratorium.

Section 4. The moratorium shall be in effect for a period of six months from the

effective date of this resolution or until changes are enacted to amend the Codified Ordi-

nances of the City of Lakewood to address these issues or until Council approves legislation explicitly revoking this moratorium, whichever occurs first.

Section S. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth anddefined in the preamble to this resolution, and provided it receives the affirmative vote ofat least five members of Council this resolution shall take effect and be in force immedi-

ately upon its adoption by the Council and approval by the Mayor, or otherwise shall takeeffect and be in force after the earliest period allowed by law.

Section 6. It is found and determined that all formal actions of this Council con-

cerning and relating to the passage of this resolution were adopted in an open meeting ofthis Council and that all such deliberations of this Council and of any of its committeesthat resulted in such formal action were in meetings open to the public in compliance

with all legal requirements.

P63

Adopted:

Approved:

PRESIDENT

CLERK

MAYOR

ORDINANCE NO. 15 - 17

1st Reading 2/ 21/ 17. 2ND READING 3/ 6/ 17.

d

AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five members of Council, or otherwise to take effect at the earliest period allowed by law, to approve the editing and inclusion of certain ordinances as parts of the various componentcodes of the Codified Ordinances and to provide for the publication of such new matter.

WHEREAS, the Walter H. Drane Company has completed a revision and updating of theCodified Ordinances of the City; and

WHEREAS, various ordinances and resolutions of a general and permanent nature that

have been passed by Council but not yet included in the Codified Ordinances of the City havenow been made a part thereof; and

WHEREAS, this Council by a vote of at least five of its 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, Sections 10 and 13 of the Second Amended Charter of the Cityof 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 thatthe publication and distribution of the January 2017 Replacement Pages for the CodifiedOrdinances of the City of Lakewood should be conducted at the earliest date possible; nowtherefore,

BE IT ORDAINED BY CITY OF LAKEWOOD, OHIO:

Section 1. The editing, arrangement and numbering and renumbering of the followingordinances and resolutions and parts of ordinances and resolutions are hereby approved as partsof the various component codes of the Codified Ordinances of the City, so as to conforin to theclassification and numbering system of the Codified Ordinances:

Ord. No. Date C.O. Section

32 -16 9 -6 -16 1121. 10, 1123. 10, 1125. 10, 1127. 10, 1722.01

35 -16 10 -3 - 16 121. 07

37 -16 11 -21 -16 510.01( a)

38 -16 11 - 21 - 16 128.051, 128.091

39 -16 12 -5 - 16 1311. 01 to 1311. 05, 1311. 99

46 -16 12 -19 -16 902.04(d)

47 -16 12 -19 -16 915. 01( a)

Section 2. The Second Amended Charter published in the Codified Ordinances is theofficial Charter of the City of Lakewood.

Section 3. It is found and determined that all formal actions of this Council concerningand relating to the passage of this ordinance 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 suchformal action were in meetings open to the public in compliance with all legal requirements.

WM

Section 4. This ordinance is hereby declared to be an emergency measure necessary forthe immediate preservation of the public peace, property, health, safety and welfare in the Cityand for the usual daily operation of the City for the reasons set forth and defined in the preambleto this ordinance, and provided it receives the affirmative vote of at least five members ofCouncil, this ordinance shall take effect and be in force imrnediately upon its adoption by theCouncil and approval by the Mayor, or otherwise it shall take effect and be in force after theearliest period allowed by law.

Adopted:

Approved:

President

Clerk

Mayor

xoM

Council at Large

RYAN P. NOWLIN

THOMAS R. BULLOCK IIICINDY MARX

March 20, 2017

Lakewood City CouncilLakewood, OH 44107

12650 DETROIT AVENUE 44107 2161529 -6055 VAX216/ 226 -3650www.00elakewoad.com

Lakewood City CouncilSAM O' LEARY, PRESIDENT

DAVID W. ANDERSON, VICE PRESIDENT

Re: Community Health Needs Assessment

Dear Colleagues,

Ward Council

DAVID W. ANDERSON, WARDSAM O' LEARY, WARD 2JOHN LITTEN, WARD 3DANIEL J. O' MALLEY, WARD 4

The Cleveland Clinic Community Health Needs Assessment is available. Now is the time for us to visitwith our County Health Department which will allow us to understand better how we as a communitycan move forward in developing a strategic plan to best address our health care needs. The informationwe glean from our investigation may better help the new community health foundation determine how tointegrate best in helping to create a healthy Lakewood. This information will also allow us to dialog withthe Cleveland Clinic to gain assurance of the new CCF Family Health Center commitment to offeringservices that will meet the needs of our community.

The senior population of Lakewood is growing. We must, now, have a strategic conversation aboutaging in place. With the climate of the current federal Administration and the uncertainty that exists withavailable healthcare and cost of health insurance coverage, we must not lose sight of the needs of ourolder population. Much can be gained by addressing this very important issue now. Recently, Mayor Summers met with several members of the Administration and members of the CountyBoard of Health to discuss the importance of creating guidelines within our city to help mitigate thedangers of lead paint in our older homes. Improving our approach to lead paint in our community willgive young children who live in our older homes the advantage ofhealthy development. These issues require careful consideration, and I look forward to vigorous discussions on how we canmake Lakewood one of the healthiest and safest cities to raise a family. Thank you for your consideration.

zi)k4Councilmember At -Large

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Council at Large

RYAN P. NOWLIN

THOMAS R. BULLOCK IIICINDY MARX

March 20, 2017

Lakewood City CouncilLakewood, OH 44107

12650 DETROIT AVENUE 44107 2161529 -6055 FAX 2161226 -3650w . onelakewaod.com

Lakewood City CouncilSAM BLEARY, PRESIDENT

DAVID W. ANDERSON, VICE PRESIDENT

Ward Council

DAVID W. ANDERSON, WARD 1SAM O' LEARY, WARD 2

JOHN LITTEN, WARD 3

DANIEL J. O' MALLEY, WARD 4

Re: Resolution affirming strong support for Medicare, Medicaid, and the Affordable Care Act

Dear Members of Council:

The United States Congress is currently considering drastic measures to repeal the Affordable Care Actwithout a replacement to adequately cover millions of Americans. In fact, a study released this week bythe non - partisan Congressional Budget Office estimates that 14 million people will lose their healthinsurance next year if the ACA is repealed. That number will grow to 24 million by 2026.

The Affordable Care Act is not perfect, but it is an important step toward ensuring that all Americanshave access to quality, affordable healthcare and are not subject to discrimination in coverage based onpre- existing medical conditions. The result of this law is the lowest uninsured rate in history, thanks toinsurance exchanges, subsidies, Medicaid expansion, and other mechanisms.

As Congress considers repealing the Affordable Care Act and making drastic changes to other programslike Medicare and Medicaid, I ask that you j Din me in passing this resolution to affirm our support forthese vital health benefits upon which many of our residents strongly rely.

Sincerely,

Daniel J. O' MalleyCouncilmember, Ward 4

RESOLUTION NO. BY.

A RESOLUTION to take effect immediately, provided it receives the affirmative vote of fivemembers of council, or otherwise to take effect and be in force after the earliest period allowed by law, opposing attacks on the Affordable Care Act, Medicare, and Medicaid.

WHEREAS, Americans want and deserve health care that enables their children to grow intotheir full potential, does not force them into impossible choices between receiving lifesaving treatmentsand medicine and putting food on the table, and makes it possible for our seniors to be fully part of thelife of their families and communities;

WHEREAS, Comprehensive health benefits are essential to ensuring working families andretirees can get the health care they need, when they need it;

WHEREAS, Health insurance should be affordable for all Americans;

WHEREAS, Medicare is a promise to the American people that must be kept for current and

future generations, including the 55 million seniors and people with disabilities enrolled today and themany millions more counting on it for their retirement;

WHEREAS, Turning Medicare into a voucher system will break that promise— benefits wouldno longer be guaranteed and health care costs for seniors and people with disabilities would risedramatically;

WHEREAS, Health benefits that working people earn on the job are the biggest source of healthcoverage in the United States, covering 178 million workers, retirees, and their family members;

WHEREAS, The Affordable Care Act (ACA) was an important step toward providingcomprehensive, affordable health care for all;

WHEREAS, The ACA has reduced the share of people without health insurance to historic lowsby guaranteeing everyone' s right to buy insurance, providing new financial support for buying individualcoverage, expanding Medicaid, and encouraging many employers to contribute toward the cost ofworkers' health benefits;

WHEREAS, The ACA' s expansion of health benefits has provided much needed help inaddressing the opioid addiction crisis;

WHEREAS, Repealing the ACA without a replacement will put 30 million people at risk oflosing their health benefits entirely and strip away vital protections and benefits from the many millionsmore with Medicare, Medicaid, and workplace coverage;

WHEREAS, More than 74 million people get health benefits through Medicaid and theChildren' s Health Insurance Program (CHIP);

WHEREAS, Repealing the Affordable Care Act in its entirety will take health benefits awayfrom the approximately I 1 million people who gained coverage through that law' s Medicaid expansion.

WHEREAS, Cutting federal funding to Ohio for Medicaid through block grants or per capitacaps will shift health care costs onto our state, force impossible choices between cutting health benefits oreven eliminating eligibility for them, take funding away from other essential services, and require statetaxpayers to pay more;

WHEREAS, Cutting federal funding to Ohio for Medicaid will threaten the health care, nursinghome care and the long -term supports and the services that allow seniors and people of all ages withdisabilities to live independently in their own homes and communities;

WHEREAS, Cutting federal funding to Ohio for Medicaid will threaten the health benefits that, together with the Children' s Health Insurance Program ( CHIP), ensure that one -in -three children can getthe medical care they need;


Section 1. The City of Lakewood opposes any and all attacks on health benefits;

Section 2. The City of Lakewood calls upon all members of Congress representing the people of Ohioto oppose any and all attacks on our health benefits, including legislation that:

Turns Medicare into a voucher system, increases the Medicare eligibility age beyond 65, or inany other way cuts seniors' Medicare benefits or shifts additional costs onto them; Imposes new taxes on or otherwise threatens the health benefits working people earn on the job; Repeals the Affordable Care Act without a replacement plan that ensures that anyone with

coverage today is able to afford it and keep it and that maintains key protections for all workingfamilies and seniors;

Repeals the Affordable Care Act' s expansion of Medicaid benefits to millions of people; or

Section 3. The City of Lakewood calls upon all members of Congress representing the people of Ohioto support real reforms that bring us closer to the goal of providing comprehensive, affordable healthcoverage for all by strengthening and expanding health benefits and controlling and lowering health carecosts, so that everyone in America can get the care they need, when they need it.

Adopted:

Approved:

aft

PRESIDENT

CLERIC

UTTSM

S

March 20, 2017

Lakewood City Council12650 Detroit Avenue


LAW DEPARTMENT

OFFICE OF PROSECUTION12650 Detroit Avenue, Lakewood, Ohio 44107

216) 529 -6030 1 Fax ( 216) 228 -2514www.onelakewood.com

law@lakewoodoh. nel

Direct dial: ( 216) 529 -6034

kevin.butier@lakewoodoh. net

Re: 2017 -19 collective bargaining agreement, dispatchers


KEVIN M. BUTLERDIRECTOR OF LAW

PAMELA L. ROESSNER

CHIEF PROSECUTOR

JENNIFER L. MLADEKCHIEF ASSISTANT

LAW DIRECTOR

ANDREW N. FLECK

ASSISTANT PROSECUTOR/

ASSISTANT LAW DIRECTOR

Following this communication please find a resolution for your review that, if adopted, wouldratify the 2017 -2019 collective bargaining agreement reached between the Mayor' sadministration and the leadership ofthe Fraternal Order of Police /Ohio Labor CouncilFOP /OLC), Inc. (Dispatcher Unit).

We have worked diligently and cost - effectively over the past several months to negotiate fair andconsistent terms and conditions of employment with all seven of our unions that promote laborharmony, equitable wages, strength and flexibility in our workforce, and a sharing of the risk ofrising health care costs. As with the agreements you have approved for our firefighters andparamedics, this agreement is in line with the 2017 budget legislation you have adopted. Weappreciate our labor unions' efforts to bargain under these conditions and with these importantgoals in mind.

We hope to place the remaining unions' collective bargaining agreements before you soon. Meanwhile, your favorable consideration of this resolution within 30 days, as is required by R.C. 4117. 10( C), would be appreciated.

Very truly yours,

CdR,ut, t

Kevin M. Butler

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RESOLUTION NO. BY:

A RESOLUTION to take effect immediately provided it receives the affirmative vote ofat least five members of Council, or otherwise to take effect and be in force after the earliest

period allowed by law, ratifying and authorizing the Mayor of the City of Lakewood, Ohio, toenter into an agreement with the Fraternal Order of Police /Ohio Labor Council (FOP /OLC), Inc.

Dispatcher Unit), for a three -year period commencing January 1, 2017 and ending December31, 2019.

WHEREAS, the administration has conducted extensive negotiations with the Fraternal

Order of Police /Ohio Labor Council ( FOP /OLC), Inc. ( Dispatcher Unit) (the " Union ") as the

bargaining representative for certain employees of the City; and

WHEREAS, such negotiations have provided a tentative agreement between the parties

for the years 2017 -2019; and

WHEREAS, Council and the administration have reviewed such proposal and do desire

to ratify and adopt such agreement; and

WHEREAS, this Council by a vote of at least five members thereof determines that thisresolution is an emergency measure, and that this resolution shall take effect at the earliest datepossible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the Cityof Lakewood, and that it provides for the usual daily operation of municipal departments in thatthe current agreement expired December 31, 2016; now, therefore


Section 1. Council hereby ratifies and authorizes the Mayor to enter into an agreementwith the Union, on behalf of certain employees of the City, for a three -year period commencingJanuary 1, 2017 and ending December 31, 2019; the agreement will be in substantially the formof Exhibit A and shall be on file in the office of the Director of Law.


and relating to the passage of this resolution were passed in an open meeting of this Cormcil andthat all deliberations of this Council and any of its committees that resulted in such actions werein meetings open to the public and in compliance with legal requirements.

Section 3. This resolution is hereby declared to be an emergency measure necessary forthe immediate preservation of the public peace, property, health, safety and welfare in the Cityand for the usual daily operation of the City for the reasons set forth and defined in the preambleto this resolution, and provided it receives the affirmative vote of at least five members of

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Council, this resolution shall take effect and be in force immediately upon its adoption by theCouncil and approval by the Mayor, or otherwise it shall take effect and be in force after theearliest period allowed by law.

Adopted:

Approved:

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Clerk of Council

Mayor

AGREEMENT

BETWEEN THE

CITY OF LAKEWOOD

AND

FRATERNAL ORDER OF POLICE /OHIO LABOR

COUNCIL (FOP /OLC), INC.

DISPATCHER UNIT

January 1, 2017 — DECEMBER 31, 2019

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TABLE OF CONTENTS

ARTICLEPAGE

ARTICLE1 PURPOSE ............................................................................... 1

ARTICLE RECOGNITION ...................................................................... 1

ARTICLE NON - DISCRIMINATION ...................................................... I

ARTICLE4 CHECK -OFF .......................................................................... 1

ARTICLE5 MANAGEMENT RIGHTS .................................................... 2

ARTICLE6 NO STRIKE ............................................................................ 3

ARTICLE7 BULLETIN BOARDS ............................................................ 3

ARTICLE 8 UNION REPRESENTATION ................................................ 3

ARTICLE9 DISCIPLINE ........................................................................... 4

ARTICLE 10 GRIEVANCE PROCEDURE ............................................. 5

ARTICLE 11 PROBATIONARY PERIOD .............................................. 7

ARTICLE12 SENIORITY ....................................................................... 7

ARTICLE13 HOURS OF WORK ............................................................ 8

ARTICLE14 OVERTIME ........................................................................ 9

ARTICLE 15 EQUALIZATION OF OVERTIW ................................. 11

ARTICLE16 GENERAL LEAVE .......................................................... 12

ARTICLE 17 LEAVES OF ABSENCE .................................................. 13

ARTICLE 18 MATERNITY /SICK LEAVE WITH PAY ...................... 13

ARTICLE 19 SICK LEAVE WITHOUT PAY ....................................... 14

ARTICLE20 PERSONAL LEAVE ........................................................ 15

ARTICLE21 LAYOFFS ......................................................................... 15

ARTICLE 22 RECALL FROM LAYOFF .............................................. 16

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ARTICLE 23 PROMOTION /JOB BIDDING ......................................... ............................... 16

ARTICLE24 HOLIDAYS ...................................................................... ............................... 17

ARTICLE25 VACATIONS ................................................................... ............................... 19

ARTICLE26 WAGES .............................................................................. 19

ARTICLE 27 LONGEVITY COMPENSATION ................................... 21

ARTICLE28 CALL -IN PAY .................................................................. 22

ARTICLE29 STAND -BY PAY ............................................................. 22

ARTICLE 30 SPECIAL ASSIGNMENTS ............................................. 23

ARTICLE 31 HOSPITALIZATION AND INSURANCE ..................... 23

ARTICLE 32 UNIFORMS/MAINTENANCE ....................................... 24

ARTICLE 33 TOOLS AND EQUIPMENT ............................................ 23

ARTICLE 34 SAFE WORK PRACTICES ............................................. 23

ARTICLE35 SHIFT PREMIUM ............................................................ 25

ARTICLE 36 JOB CLASSIFICATION .................................................. 25

ARTICLE37 INVESTIGATIONS ......................................................... 25

ARTICLE38 PERSONNEL FILES ........................................................ 24

ARTICLE 39 CONFLICT WITH LAW AND SEPARABILITY .......... 26

ARTICLE 40 TRAINING ASSIGNMENT ............................................ 25

ARTICLE 41 PERFECT ATTENDANCE .............................................. 27

ARTICLE 42 TUITION REIMBURSEMENT ....................................... 26

ARTICLE 43 COMMUNICABLE DISEASES ...................................... 26

ARTICLE44 MISCELLANEOUS ......................................................... 28

ARTICLE45 DURATION ...................................................................... 28

APPENDIX A HEALTH INSURANCE PLANS ....................... ............................. 28

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ARTICLE 1 PURPOSE

1. 01 This Agreement is made between the City of Lakewood, Ohio hereinafter referred to asthe " City," and Ohio Fraternal Order ofPolice, Ohio Labor Council, Inc. (FOP /OLC), hereinafterreferred to as the " Union" The " employee" or " employees" where used herein refers to allregular full -time employees in the bargaining unit. The purpose of this Agreement is to providea fair and responsible method of enabling employees covered by this Agreement to participatethrough Union representation in the establishment of terms and conditions of their employmentand to establish a peaceful procedure for the resolution of all differences between the parties.

ARTICLE 2 RECOGNITION

2.01 The FOP /OLC is recognized as the sole and exclusive representative for a bargaining unitof all regular full -time Dispatcher employees in the Department of Public Safety for the purposeof establishing terms and conditions of employment. The City will not recognize any otherUnion, organization, or person as the representative for any of the Dispatcher employees.

ARTICLE 3 NON - DISCRIMINATION

3. 01 Both the City and the Union recognize their respective responsibilities under the Federaland State Civil Rights Laws, fair employment practice acts, and other similarconstitutional and statutory requirements. Therefore, both the City and the Union herebyreaffirm their commitments, legal and moral, not to discriminate in any manner relatingto employment on the basis of race, color, religion, sex, national origin, age, disability, gender identity/expression, genetic information, military status, veteran status, sexualorientation, union membership or activity, or ancestry.

3. 02 The City recognizes the right of all Dispatchers to be free to join the Union. The Cityagrees there shall be no discrimination, interference, restraint, coercion, or reprisal by the Cityagainst any employee or any applicant for employment because of Union membership.

ARTICLE 4 CHECK -OFF

4. 01 The Employer agrees to deduct from the wages and salaries of bargaining unit members' dues required by the FOP /OLC by payroll deduction. All members of the bargaining unit shalleither become dues paying members of the FOP /OLC, or as a condition of continuedemployment, remit to the FOP /OLC a fair share in the amount set by the FOP /OLC per personper month in accordance with the provisions of Ohio Revised Code 4117.09( c), starting with thesixty-first (61st) day of employment with the employer or the execution date of this Agreement, whichever comes first.

4.02 Dues Fair Share Fees shall be paid over by the employer once each month to theFOP /OLC at 222 East Town Street, Columbus, Ohio, 43215, or such other address as set by theFOP /OLC from time to time.

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4.03 An employee shall have the right to revoke such authorization by giving written notice tothe City and the Local Union Treasurer at any time during the fifteen ( 15) day period precedingthe termination of this Agreement, and the authorization card shall state clearly on its face theright of an employee to revoke during that period; and

4.04 The City' s obligation to make deduction shall terminate automatically upon timelyreceipt of revocation of authorization or upon termination of employment or transfer to a jobclassification outside the bargaining unit.

4.05 The Union will indemnify and save the City harmless from any action growing out ofdeductions hereunder and commences by an employee against the City ( or the City and Unionjointly).

4. 06 All bargaining unit employees who are not members of the Union shall pay a fair sharefee to the Union in the amount of the dues as set by the FOP /OLC from time to time.

4.07 The deduction of the fair share fee from any earnings of the employee shall be automaticand does not require a written authorization for payroll deduction.

4.08 Payment to the Union of fair share fees shall be made in accordance with the regular duesdeductions as provided herein.

ARTICLE 5 MANAGEMENT RIGHTS

5. 01 Except as specified otherwise in this Agreement, the City has the right and responsibilityto: Determine matters of inherent managerial rights which include, but are not limited to, areasof discretion or policy such as the functions and programs of the City, standards of services, itsoverall budget, utilization of technology and organizational structure; direct, supervise, evaluateand hire employees; maintain and improve the efficiency and effectiveness of the City' soperations, including the right to reorganize, discontinue, enlarge or ( contract any work toprivate industry) manage the operations and determine the overall methods, process, means orpersonnel by which the City' s operations are to be conducted; demote, suspend, discipline, ordischarge for just cause, or layoff, transfer, ( including the assignment and allocation of work), assign, schedule, promote or retain employees; determine the adequacy of and direct the workforce; determine the overall mission of the City as a unit of government; effectively manage anddirect the work force and operations; take actions to carry out the mission of the City as a unit ofgovernment; control the premises and facilities, and determine the number and location offacilities; promulgate and enforce reasonable employment rules and regulations; introduce newand /or improved equipment, methods and /or facilities; determine the size, duties and workmethods of the work force; determine the number of shifts required and work schedules; establish, modify, consolidate or abolish jobs ( or classifications); determine the manner in whichthe work is to be processed ( or to be subcontracted to outside independent companies) anddetermine staffing patterns, including, but not limited to, assignment of employees, numbersemployed, duties to be performed, qualifications required and areas worked.

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5. 02 The foregoing is subject to the restrictions and regulations governing the exercise of theserights as are expressly provided herein.

ARTICLE 6 NO STRIIE

6. 01 The Union shall not, directly or indirectly, call, sanction, encourage, finance, and /or assistin any way, nor shall any employee instigate or participate, directly or indirectly, in any strike, slowdown, walkout, concerted " sick" leave or mass resignation, work stoppage, picketing, orinterference of any kind at any operation or operations of the City.

6. 02 Violations of Section 6. 01 of this Article shall be proper cause for discipline up to andincluding termination.

6. 03 The Union shall at all times cooperate with the City in continuing operations in a normalmanner and shall actively discourage any endeavor to prevent or terminate any violation ofSection 6.01 of this Article. In the event any violation of Section 6.01 of this Article occurs, theUnion shall immediately notify all employees that the strike, slowdown, picketing, workstoppage, or other interference at any operation or operations of the City is prohibited and is notin any way sanctioned or approved by the Union. Furthermore, the Union shall also immediatelyadvise all employees to return to work at once.

6. 04 The City shall not lock out any employees for the duration of this Agreement.

ARTICLE 7 BULLETIN BOARDS

7. 01 The City shall provide the Union with a locket Bulletin Board, provided that:

A. Such Bulletin Board shall be used only for posting notices bearing the writtenapproval of the Associate of the Union or an official representative of OhioFraternal Order of Police Labor Council, and shall be solely for Union business.

B. No notice or other writing may contain anything political, controversial or criticalof the City of any other institution, or of any employee or other person.

C. Upon request from an appropriate official of the City, the Union will immediatelyremove any notice or other writing that the City believes violatesSubparagraphs A and B, but the Union shall have the right to grieve such actionthrough the grievance procedure.

7. 02 Keys shall be provided only to the Associate and the Chief of Police

ARTICLE 8 UNION REPRESENTATION

8. 01 One ( 1) employee selected by the Union to act as Union Representative for the purposeof processing and investigating grievances under the Grievance Procedure shall be known as anAssociate. The Associate may have an alternate who shall act in his or her absence.

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8. 02 No union meetings or other union activities shall take place during working hourswithout prior approval of the Administrative Captain or the Chief of Police, provided that anAssociate may discuss a grievance with an employee and his or her supervisor, during the finaleone -half (1/ 2) hour of the grieved and /or Associate' s shift or at a time more convenient to allconcerned parties.

8. 03 The FOP /OLC shall have access to all meeting areas of the Employer at reasonable timesand only so far as any FOP /OLC meetings do not interfere with the Employer' s business. 8. 04 FOP /OLC Staff Representatives or Associates shall have responsible visitation privilegesto the Employer' s facilities, public or otherwise for the purposes of administering thisAgreement.

8. 05 FOP /OLC will be authorized an aggregate of forty (40) hours of paid leave, per calendaryear, for the FOP /OLC Associate to use at any time during the year to attend FOP /OLCfunctions such as conventions, educational meetings or seminars. The City shall make otherreasonable provisions for authorizing vacation leave, holidays or the use of accrued overtime forthe members to attend said functions in addition to the above mentioned forty (40) hours.

8. 06 FOP /OLC Associates shall attend to the administration of this Agreement ( grievancesand negotiation sessions) on a no loss /no gain basis.

8. 07 The FOP /OLC shall be permitted to place ballot boxes at facilities for the purpose ofcollecting members' ballots on approval or disapproval of union issues and the election ofofficers and delegates of the union.

ARTICLE 9 DISCIPLINE

9. 01 In the event that an employee is suspended or discharged, he or she will be advised of thereasons for such action. He or she will be advised of his or her right to have his or herUnion Associate present and, upon request, will be permitted to discuss his or hersuspension or discharge with the Associate in an area made available by the City beforebeing required to leave the premises. Unless provided with written notice prior to leavingthe premises, an employee who is suspended or discharged shall be mailed a writtennotice within forty -eight ( 48) hours, stating the reasons for whatever disciplinary actionhas been taken. Notices of suspension and discharge may be hand - delivered on Citypremises, with a copy being sent to the Union. A copy of said notice shall also beprovided to the employee' s local Union Associate within forty -eight ( 48) hours. Alldisciplinary action may be appealed by the employee through the grievance proceduresoutlined herein.

9. 02 In imposing discipline on a current charge, the City will not consider any infractions, which occurred more than thirty -six (36) months previously.

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9. 03 In the event that an employee has been recommended for suspension or discharge, priorto any action being taken on such a recommendation, a pre - disciplinary conference will bescheduled to afford the employee an opportunity to offer an explanation of the alleged conduct. The City shall notify the employee and his or her Associate of the date and time of theconference and, upon request, the employee shall be permitted to privately discuss his or hersuspension or discharge with the Associate in an area made available by the City.

ARTICLE 10 GRIEVANCE PROCEDURE

10. 01 It is mutually understood that the prompt presentation, adjustment, and /or answering ofgrievances is desirable in the interest of sound relations between the employees, the FOP /OLCand the City. The procedures specified in this Article are intended to provide a system of fair, expeditious and orderly adjustment of the grievances of employees of the Division ofPolice.

10. 02 A grievance is any dispute or difference between the City and the FOP /OLC, whichconcerns the interpretation and /or application of and /or compliance with any provision of thisAgreement, including all disciplinary actions, which result in a letter of reprimand or monetaryloss to the employee, except for those involving discharge of non- certified and probationaryemployees. Letters of reprimand are not subject to arbitration.

10. 03 The following procedure shall apply to all grievances arising under this Agreement:

Step I. An employee who has a grievance should meet with his or her shiftOfficer -in- Charge to attempt to resolve the grievance on an informal basis.

Step II. If the grievance is not resolved in the informal manner described in Step 1, a written grievance must be filed with the Administrative Captain withinten ( 10) working days of the alleged violation of this Agreement. Withinten ( 10) working days after the filing of the grievance, a meeting will beheld among the appropriate representatives of the City, one ( 1) Unionrepresentative and the aggrieved employee( s). Within ten ( 10) working

days of this meeting, the City shall issue a written answer to the grievance.

Step Ill. If the grievance is not satisfactorily settled in Step II, the aggrievedemployee( s) or the Union may appeal the Step 11 answer to the Chief ofPolice or his designated representative within ten ( 10) working days afterthe step II answer was issued. Such appeal shall be in writing and includea copy of the original grievance, and shall specify the reason why theaggrieved employee(s) or the Union believes the Step II answer isunacceptable. Within ten ( 10) working days after receipt of the appeal, agrievance meeting shall be scheduled with one ( 1) Union representative, the aggrieved employee( s) and the Chief of Police or his designatedrepresentative, who shall, within ten ( 10) working days after the close ofsuch meeting, issue a written answer to the grievance.

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Step IV. If the grievance is not satisfactorily settled at Step III, the grievance maybe submitted to the FOP /OLC Staff Representative. The FOP /OLC StaffRepresentative will then review the merits of the grievance and decide, notlater than fifteen ( 15) calendar days after the City' s Step III answer wasissued, whether or not to recommend further appeal. Should the

FOP /OLC Staff Representative decide not to pursue the grievance further, the grievant(s) shall be so informed and the grievance will be withdrawnfrom the grievance procedure. The FOP /OLC Staff Representative' s

decision shall be final and binding. Should the FOP /OLC Staff

Representative decide to process the grievance further, the FOP may, within fifteen ( 15) calendar days after the City' s Step III answer wasissued, file an appeal with the Mayor or designated representative. Suchappeal shall be in writing, include a copy of the original grievance, andshall specify the reason why the FOP /OLC Representative believes theStep III answer is unacceptable. Grievances involving suspension or

termination shall be submitted directly to Step IV. The Mayor or

designated representative shall reply in writing within ten ( 10) workingdays from the receipt ofthat appeal.

10. 04 Arbitration

A. If the grievance is not satisfactorily settled at Step IV, the FOP /OLC may submitthe matter to The American Arbitration Association requesting a list of arbitratorsfrom the National Academy Panel of Arbitrators of the American Associationwithin the time limits specified above and shall be subject to the rules of theAssociation within thirty (30) days after the Step IV answer was issued.

B. The arbitrator selected shall have no authority to add to, subtract from, or in anyway modify the provision of this Agreement.

1. Any fees and expenses of the arbitrator shall be borne equally by the parties.

10. 05 Time Limitations

A. To be considered valid, a grievance must be filed in writing within ten ( 10) wonting days of the occurrence of the alleged violation of this Agreement. Agrievance which is not timely filed at each step by the Union under the provisionsof Article 10 shall be considered void.

B. If a grievance is originally filed in a timely manner and the City fails to answer itwithin the prescribed time period at any particular Step, then the grievance shallautomatically proceed to the next Step of the grievance procedure.

C. Once a grievance is originally timely filed, the parties may, by mutual writtenagreement, extend the time in which to answer or to appeal it to the next Step. The parties may also, by mutual written agreement, agree to skip any Step of the

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grievance procedure in order to promote the expeditious resolution of anygrievance.

10. 06 The FOP /OLC ( in its capacity as exclusive representative of the employees covered bythis Agreement) shall have final authority to withdraw or terminate the processing of a grievanceat any Step, should the FOP /OLC determine that the grievance lacks merit or justification, or thatit has been settled or adjusted in a fair and equitable manner consistent with the terms of thisAgreement, and in the interest of the continuing relationship of the parties.

10.07 The grievance procedure set forth in this Article shall be the sole and exclusive methodfor resolving matters which constitute grievances under this Agreement. Any decisions, resultsor settlements reached under the terms of this Grievance Procedure, whether reached by anarbitrator' s decision or at any pre- arbitration step of the procedure, shall be final, conclusive andbinding upon the City, the FOP /OLC and the employee.

10. 08 The grievance committee shall consist of bargaining unit member( s) designated by theFOP /OLC.

10. 09 A Labor/Management Committee consisting of the Director of Human Resources, ordesignated representative, the Lakewood Chief of Police, or designated representative, andrepresentatives of the Dispatchers shall meet at least once ever three ( 3) months for the purposeof discussing and attempting to resolve any mutual work related problems.

ARTICLE 11 PROBATIONARY PERIOD

11. 01 New full -time employees shall be considered to be on probation for a period of one ( 1) year and during such probationary period, the City shall have sole discretion to discipline ordischarge such employees, and such actions during this period shall not be reviewed through theGrievance Procedure.

11. 02 If an employee is discharged or quits while on probation and is later rehired, they shall beconsidered anew employee and subject to the provisions of Section 11. 01 of this Article.

ARTICLE 12 SENIORITY

12. 01 Dispatcher, for the purpose of layoff; seniority shall be their continuous service with theCity.

12. 02 Dispatchers shall have no seniority during the probationary period, but upon completionof the probationary period will receive seniority retroactively to the date of hire. The City shallprovide the Union with a copy of the seniority list, updated annually. The list shall contain, inorder of seniority, the name and date of hire of each employee. Seniority shall be broken whenan employee:

A. Quits or resigns.

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B. Is discharged for just and proper cause.

C. Is laid off for a period of more than twenty -four (24) consecutive months.

D. Fails to report to work when recalled from layoff within ten ( 10) working daysfrom the date on which the City sends the employee notice by registered mail (tothe employee' s last known address as shown in the City' s records).

E. Is absent without leave for three ( 3) or more working days, unless an excuse forabsence is accepted, which shall not be unreasonably denied.

ARTICLE 13 HOURS OF WORK

13. 01 The workday for full -time Dispatchers shall consist of eight ( 8) regularly scheduled, consecutive hours during a twenty -four (24) hour period of time that begins at 12: 01 a. m. eachday, which includes a thirty ( 30) minute lunch period. During such lunch period, with thepermission of the shift commander, which will not be unreasonably denied, Dispatcher shall beallowed to leave the building for the express purpose of obtain a food order and for no otherpurpose.

If transportation is necessary, it must be privately owned. The lunch period shall not beextended. Lunch is to be eaten outside the Dispatch Office. The workweek shall commence at12: 01 a.m. on Sunday and end at midnight Saturday. This section shall not be construed as aguarantee of hours of work per day or per week, and the City reserves the right to establish andchange hours of work, shifts and schedule of hours, provided that this section shall not beconstrued to give the City the right to reduce the workweek below forty (40) hours per week forany full -time, hourly employee.

13. 02 All employees shall be allowed not less than thirty ( 30) uninterrupted minutes for ascheduled lunch period, except for emergencies or other mutually agreed upon schedules.

13. 03 There shall be two ( 2) fifteen ( 15) minute rest periods on each shift each workday. Therest periods, to the extent practicable, will be scheduled during the middle of two ( 2) hours ofeach shift, but they may not be scheduled immediately before or after the meal period or at thestart of end of a shift unless requested by the employee and agreed to by the City. Additionally, employees working overtime shall be entitled to a fifteen ( 15) minute break after two ( 2) hoursof overtime.

13. 04 Notice of Shift Change. Any changes in shift scheduling shall be provided at leastseventy -two ( 72) hours in advance of the schedule change, except in an emergency orunscheduled absence situation.

13. 05 Posting of Schedules. Schedules shall be posted for the next month on the 20th day of thepreceding month.

ARTICLE 14 OVERTIME

14. 01 All overtime must be approved by the Chief of Police or his designated representativeand all assigned overtime must be worked and will be compensated for as provided in thisAgreement.

14. 02 Any hours of duty in excess of eight ( 8) hours within an employee' s regularly scheduledworkday or 40 hours in single workweek ( Sunday 12: 01 a.m. through Saturday 12: 00 a.m.) shallbe compensated at the following rates:

A. Time and one -half (1 - 1/ 2) for all hours on duty in excess of eight ( 8) hours.

B. Double time for all hours on duty in excess of twelve (12) consecutive hours.

C. Double time for all hours on duty in excess of eight (8) on the following holidays:

New Year' s Day Memorial Day

Independence Day Labor Day

Thanksgiving Day Christmas Day

Martin Luther Ding, Jr. Day President' s Day

Veterans' Day Good Friday

D. Any employee scheduled off on any of the above listed ten ( 10) holidays, who iscompelled to work, shall be compensated at a rate of double time.

Any employee who is compelled to perform official overtime duty duringscheduled vacation shall be compensated at the rate of double time in accordancewith the provisions of this Article.

14.03 Employees required to work on the following days shall be paid at time and one -half1 - 1/ 2).

New Year' s Day

Martin Luther Ding, Jr. Day

President' s Day

Good Friday

Memorial Day

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Independence Day

Veterans' Day

Thanksgiving Day

Christmas Day

Labor Day

14. 04 All official court overtime duty ordered by the Director of Public Safety, a superiorofficer of the Police Department, the Law Director or Assistant Prosecutor of the City ofLakewood, the Judge or Clerk of the Lakewood Municipal Court, or in response to a subpoena orsimilar writ commanding appearance in a criminal, quasi - criminal or civil case, arising out of anincident while on duty as an employee of the Lakewood Police Department, shall becompensated at the rate of time and one -half ( 1 - 1/ 2), and any employee who is compelled toperform such official overtime duty at a time not abutting the beginning or end of his or herregularly scheduled workday shall receive payment for a minimum of three ( 3) hours worked oractual time worked, whichever is greater.

A. An employee who is compelled to report in person to a court for trial or to aprosecutor immediately before a trial within two and one -half (2 -1/ 2) hours ofcompletion of a normally scheduled and fully worked third shift, shall becompensated for all time between completion of duty and completion of courtrelated overtime or a minimum of three ( 3) hours, whichever is greater.

14. 05 When an employee is ordered to report for duty by the Director of Public Safety, Chief ofPolice or superior officer, and the time does not abut the beginning or end of the employee' sregularly scheduled workday, the employee shall receive compensation for three ( 3) hours ofovertime or actual time worked, whichever is the greater, computed at time and one -half (1 - 1/ 2), unless previously notified not to report for duty. Previously notified shall mean personallynotified, or a message delivered to a responsible person by telephone or direct contact at theemployee' s residence, at least one ( 1) hour prior to the time directed to report for duty.

A. An employee who is compelled to report in person for duty within two and one- half (2 -1/ 2) hours of completion of a normally scheduled and fully worked thirdshift, shall be compensated for all time between completion of duty or a minimumof three ( 3) hours, whichever is greater.

14. 06 Any employee detailed or assigned to attend a job related school, seminar or trainingsession outside Cuyahoga County or a contiguous county, except probationary employeesattending mandatory courses, shall be considered on duty during actual travel time and becompensated accordingly, to include travel allowance and reimbursement for meals, inaccordance with established policy of the City.

14. 07 Any employee, at the time of his or her retirement, shall receive all terminal leavebenefits, including accrued overtime, unused vacation time, unused holiday time, accruedlongevity, accrued uniform allowance and any other unused compensatory time in one lump sumpayment. If an employee dies while in paid status, any terminal leave benefits to his or hercredit, as set forth herein, shall be paid in a lump sum to the surviving spouse, if any, and if thereis no surviving spouse, then to the estate of the deceased employee. Nothing in this section shallbe construed to supersede or control policies and procedures of the Public Employees RetirementSystem.

14. 08 Two (2) hours at straight time shall be authorized for volunteer blood donors.

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14. 09 A compensatory time bank will be established, effective on the date this agreement isratified by the parties, whenever an employee works overtime. Employees shall be eligible toreceive either compensatory time or overtime at the rate of time and one -half or the applicableovertime rate if not time and one -half. Employees may accumulate no more than 100 hours ofcompensatory time. Employees eligible for such time shall have the right to receive overtime payor FLSA compensatory time. The employee will choose their option on the appropriate formestablished by the employer in Precinct Manager. Approval for use of compensatory time fortime off will be based on the needs of the department to the extent use of compensatory time fortime off will not be unduly disruptive to the department' s operations.

The parties agree to convene in a labor- management meeting no later than the first anniversaryof the date of this agreement and each January thereafter to determine how the provisions of thissection have affected the respective needs of the parties, and to discuss any adjustments to policyas they may be warranted.

14. 10 All new bargaining unit employees must sign up for direct deposit upon hire. All currentbargaining unit employees must sign up for direct deposit within 60 days of the ratification ofthis contract.

ARTICLE 15 EQUALIZATION OF OVERTIMEXALL -BACK HOLDOVERPROCEDURE

15. 01 The City shall be the sole judge of the necessity of overtime. When overtime is required, the City shall first offer the available overtime to employees who are classified for the availablework in accordance with the following:

A. OVERTIME OF FOUR (4) OR MORE HOURS

1. Contact the Dispatchers scheduled RDO on that shift that day and offerovertime. If not available:

2. By seniority, contact the Dispatchers on other shifts scheduled RDO that dayand offer overtime. If not available:

3. Offer a maximum of four ( 4) hours overtime by seniority ( high to low) toDispatchers working the next shift. If refused:

4. Offer a minimum of four ( 4) hours overtime by seniority ( high to low) toDispatchers on duty. If refused:

5. Contact a swing shift Dispatcher working that day and offer the opportunity tochange his or her work hours that day to cover the available overtime. Ifrefused:

6. Require least senior Dispatcher to stay a minimum of four (4) hours.

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7. Require least senior Dispatcher to report for duty a maximum of four ( 4) hours prior to regular scheduled shift.

8. When an unscheduled absence occurs in the Communications Center and thePatrol Shift Officer -in- Charge is to utilize the call -back procedure, the OIC isto first offer available overtime to Full -Time Dispatchers according to theprocedure specified in the Dispatchers' contract. Upon following theprocedure, prior to requiring a Dispatcher to hold over and requiring aDispatcher to report early, the OIC shall contact a PTD to see if they are ableto cover the shift.

9. Should the Dispatcher volunteer to work a scheduled regular day off, thenumber of hours to be worked shall be agreed upon by the AdministrativeCaptain or designee and no additional hours shall be added except as agreedupon by the volunteer, pursuant to established policy.

10. If, due to reduced staffing levels, Dispatchers are required to work extendedperiods of overtime duty to fill positions, the Chief of Police may approve theuse of Police Officers as Dispatchers on a limited basis. To perform thisfunction, Police Officers utilized in the Dispatch Center must be qualified andtrained, not called in on overtime and not adversely impact patrol staffing.

B. OVERTIME OF LESS THAN FOUR (4) HOURS

1. Offer available overtime by seniority (high to low) to Dispatchers on duty. Ifrefused:

2. Offer available overtime by seniority (high to low) to Dispatchers working thenext shift. If refused:

3. Require the least senior Dispatcher on duty to work the available overtime.

15. 02 A record of all overtime hours worked by each employee shall be recorded in PrecinctManager on a payroll period basis.

15. 03 The provisions of this article related to equalization shall not apply to employees whoarrange for compensatory time coverage.

15. 04 If qualified and trained, police officers on restricted duty status can fill openings in thecommunications center if needed. Police officers must be on regular scheduled duty, not calledin for overtime to fill such vacancy.

ARTICLE 16 GENERAL LEAVE

16.01 All leaves of absence must be applied for and granted in writing on forms provided by theCity ( copy to the employee). An employee will be notified in writing within three ( 3) working

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days from the date the application was made of the approval or disapproval of any leave ofabsence. A full -time employee shall accumulate seniority during any leave of absence, exceptduring personal leaves of absence. Upon returning from leaves of absence, the Union willreceive notification of the employee' s status. No leave will be granted for working otheremployment.

16. 02 If it is found that a leave of absence is not actually being used for the purpose for which itwas granted, the City may cancel the leave, direct the employee to return to work, and imposedisciplinary action up to and including termination. The City has the right to refuse any requestfor general leave of absence.

ARTICLE 17 LEAVES OF ABSENCE

17. 01 If a death occurs among members of the employee' s immediate family ( spouse, personliving as spouse, parent of a minor child(ren), son, daughter, stepchild, mother, father, stepparent, and any person acting in loco parentis), such employee member shall begranted ten ( 10) days funeral leave, consecutive and contiguous to the death or memorialservice without loss of pay, benefits, days off, holidays, or vacation time, provided thatsuch leave may be extended, within the discretion of the Chief of Police, based onindividual circumstances.

17. 02 If a death occurs among members of the employee' s family of brother, sister, father -in- law, or mother -in -law, such employee member shall be granted five ( 5) days funeralleave, consecutive and contiguous to the death or memorial service, without loss of pay, benefits, days off, holidays, or vacation time, provided that such leave may be extendedwithin the discretion of the Chief of Police, based on individual circumstances.

17. 03 If a death occurs to a grandfather, grandmother, grandfather -in -law, grandmother -in -law, grandson or granddaughter, brother -in -law, or sister -in -law, aunt or uncle such employeemember shall be granted two ( 2) days funeral leave, consecutive and contiguous to thedeath or memorial service, without loss of pay, benefits, days off, holidays or vacationtime. Employees will complete the appropriate form in Precinct Manager.

17. 04 Employee members, while serving upon a jury in any court of record, shall be paid at theemployee' s regular salary rate for each of the employee' s workdays during the period of time soserved. Time so served shall be deemed active and continuous service for all purposes. Inaddition to the compensation provided for herein, any jury fees paid to the employee /juror shallbe retained by the employee.

17. 05 Employees shall be granted a leave of absence for military duty in accordance with Stateand Federal laws and local ordinances.

ARTICLE 18 MATERNITY /SICK TIME WITH PAY

18. 01 All employees shall earn sick time at the rate of 4. 6 horns for every eighty ( 80) hoursactually worked and may accumulate such sick time to nine hundred sixty (960) hours.

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18. 02 For any leave which qualifies under the Family and Medical Leave Act ( "FMLA "), members of the Dispatchers Unit may use sick time.

18.03 Employees must apply for FMLA regarding FMLA- qualifying events such as an absenceof more than three ( 3) consecutive days due to non -work related or work related illness or injury, being hospitalized overnight or when a serious medical condition, as defined by FMLA law andregulations, causes intermittent time off. Except as set forth in Section 18. 08, employees mustutilize their sick time and other paid time off during FMLA leave.

18. 04 Sick time shall be utilized on account of illness or injury incapacitating the employee or amember of their immediate family from working and requiring the employee' s absence.

18. 05 When an employee is unable to report for duty because of illness or injury, the employeemust call and advise the Duty Officer -in- Charge If the employee is injured or sick from work formore than three ( 3) consecutive days, or incurs an injury to his or her back, or has surgery, of anykind, or is advised to have surgery, he or she must have his or her physician complete theAttending Physician Statement or attach a statement from his or her physician that indicates heor she is able to return to regularly assigned duties. Prior to be assigned to duty, this documentshall be submitted to the Department of Human Resources to determine if a physical is required. 18. 06 Whenever an employee is absent due to illness or injury, that employee must securepermission from the Duty Officer -in- Charge before leaving his or her home.

18. 07 An employee who is absent due to illness or injury or FMLA shall not be permitted toengage in any other outside employment during the period of his or her absence, nor may he orshe return to such outside employment until he or she is assigned to duty. The Chief of theDivision of Police shall take such steps as he deems necessary to prevent the improper taking ofsick leave.

18. 08 No employee shall be charged for sick time against his or her accurnulated sick time bankfor any time taken as a result of an injury or illness incurred while in the lawful performance ofhis or her duties. However, the City has the right to review the employee' s physical and mentalstatus each thirty (30) days of his or her absence in order to determine his or her ability to returnto work to perform other light duties. Should it be determined by proper medical authority thatthe employee will not be able to return to normal duties, the City has the right to require thatemployee to apply for disability retirement. in the event of a difference of opinion as to theemployee' s mental or physical status between the employee' s physician and the City' s chosenphysician, the issue shall be submitted to a third physician specializing in occupational medicinewhose decision regarding the ability to perform his or her regular duties shall be final andbinding on both parties. For purposes of this section, an injury is defined as a traumatic damageto the body, of external origin, unexpected and undesigned by the injured person. 18.09 When an employee retires, resigns or dies, either through service or disability, he or sheor his or her estate shall be compensated in cash based upon the daily earning rate at the time ofhis or her retirement, resignation or death, for one - quarter ( 1/ 4) of his or her unused sick time.

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18. 10 Employees who have accumulated more than one hundred and twenty ( 120) days of sicktime may convert on a three -to -one basis all days accumulated over one hundred and twenty

120) days into a lump sum cash payment at the end of each calendar year. Payment to bereceived during the month of January. The lump sum is part of the employee' s regular check.

18. 11 h7 the event an employee becomes or continues to be incapacitated from work by illness orinjury, after exhaustion of his or her acquired sick time, they may apply for donations of timeaccording to the Sick Time Donation policy.

18. 12 Any abuse or patterned use of sick time shall be just and sufficient cause for disciplinaryaction.

ARTICLE 19 SICK LEAVE WITHOUT PAY

19. 01 A full -time, hourly employee who has completed their probationary period may begranted a leave of absence without pay (except to the extent they may be entitled to sick pay) fora period not to exceed six ( 6) months because of personal illness or injury. The employee may, at their option, use any vacation pay prior to going on sick leave without pay. The City will abideby the provisions of the Federal Family Medical Leave Act. ARTICLE 20 PERSONAL LEAVE

20.01 A full -time employee who has completed their probationary period may be granted timeoff without pay for a period not to exceed thirty ( 30) calendar days in duration. Said personalleave shall be granted by the Administrative Captain, provided concurrence and approval areobtained from the Chief of Police. It is agreed that a request for personal leave will not beunreasonably denied. It is further agreed that the employee requesting personal leave shall givethe City a minimum of two (2) weeks' written notice, except in cases of extreme emergency.

20.02 Should an employee require additional time over the thirty ( 30) day limit, an additionalwritten request shall be presented for approval to the Chief of Police, with concurrence by theMayor.

20.03 An employee shall not accumulate seniority during personal leave of absence.

20.04 Employees found to be using the personal leave for purposes other than for the reasonsgranted shall be subject to discipline up to and including termination.

20. 05 An employee may not take an extended personal leave in order to work another job. ARTICLE 21 LAYOFFS

21. 01 Whenever it is necessary for the City to reduce its forces, Dispatcher shall be laid off inthe following order:

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A. Employees who have not completed their probationary period.

B. Employees who have completed their probationary period.

C. In the event of a lay -off, all affected employees shall be given two ( 2) weeksadvance notice of said lay -off.

21. 02 All employees shall be laid off on the basis of seniority within the categories enumeratedabove. The City will layoff the employee( s) who has the least amount of seniority. If theseniority of two ( 2) or more employees is equal, the employees shall be laid off alphabetically, Z" to "A ".

21. 03 In the event of a layoff, the City will advise the Union of the need for the layoff ofbargaining unit employees. The City will layoff all employees in the order noted above, before itlays off any regular employees. Therefore, if it is necessary to layoff regular employees asdefined above, it shall meet with the Union to review the seniority status of those scheduled forlayoff. In the event the City needs to fill the vacated positions, it shall do so on a temporarybasis by offering this temporary work first to the bargaining unit employees in the affected areas. The City shall post such temporary vacancies pursuant to the provisions noted. Further, suchvacancies will be posted at the same time that the City advises the Union of the need for layoff asdefined above.

21. 04 If no one bids on the vacancies, the City may fill such vacancies in order of inverseseniority as long as the employee is considered qualified to perform the available work.

ARTICLE 22 RECALL FROM LAYOFF

22.01 Full -time employees shall be recalled in the reverse order of their layoff. An employeeon layoff will be given fifteen ( 15) work days' notice of recall from the date on which the Citysends the recall notice to the employee, by certified mail, to his or her last known address asshown on the City' s records. ( It is the employee' s responsibility to notify the City of a change ofaddress.) The City will maintain a list of those employees who are laid off for a period of thirty- six ( 36) months. During this period of thirty -six ( 36) months, new bargaining unit employeesshall not be hired until all qualified employees on layoff status desiring to work have beenrecalled.

22.02 Any employee recalled requiring additional training to meet the position' s qualificationsshall be trained at the City' s expense, and this training shall occur and be completed within one

1) year of said recall.

ARTICLE 23 PROMOTION /JOB BIDDING

23. 01 When a vacancy occurs on any shift in a job in the bargaining unit, or a new job iscreated, the City shall post for five ( 5) consecutive days on the Dispatcher bulletin board, anotice of the opening. The notice shall contain the job title, rate ofpay, and brief job description

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and minimum qualifications. Employees who wish to be considered for the posted job must filea written application with the Administrative Captain not later than the end of the posting period.

23. 02 The Admhiistration shall provide a receipt for all applications timely file. All

applications will be reviewed by the City and the job awarded as soon as possible but not laterthan within twenty (20) wonting days on the basis of experience, skill and ability to perform thework in question, provided that the City may reject any and all bids, if in its judgment, theapplicant(s) are not qualified (as defined above) for the job, but any such applicant may grieve arejected bid by using the Grievance Procedure of this Agreement. If the skill, ability andexperience of two ( 2) or more employees are substantially equal, seniority shall govern. By theend of the twelfth (12th) working day, a notice shall be posted showing the name of the applicantselected for the opening and the date the applicant is scheduled to start at the new position orindicating that no employee was selected. hi the event no bargaining unit employee is selected, each employee who bid will receive a written notice explaining his or her non - selection. TheUnion shall receive a copy of each job posting at or before the time of posting. As soon as aselection is made, the City shall provide the Union with a list of employees who bid, with eachperson' s date of hire, along with the name of the employee selected.

23. 03 An employee awarded a job under these provisions will be given reasonable help andsupervision and shall be allowed a reasonable period of time to qualify, but not more than sixty60) calendar days. The employee will be considered to have qualified on the new job when he

or she satisfactorily performs the required duties with no more supervision than is required byother qualified employees on the same or similar jobs, and when his or her record as to qualityand quantity of work meets the standards applicable to the job. If he or she fails to qualify, he orshe shall be returned to his or her former job.

23. 04 No employee shall be eligible to bid for any position in the Department of Safety who hasnot satisfactorily completed the required probationary period.

23. 05 Any employee shall be prohibited from bidding successfully on more than two ( 2) jobpostings during any calendar year.

23. 06 The City agrees that the employees who are on layoff may bid on promotions and will bepermitted to call the Department of Hurnan Resources to make inquiry as to their status andposition on the recall list.

ARTICLE 24 HOLIDAYS

24.01 All employees shall receive the following paid holidays:

New Year' s Day

Martin Luther King, Jr. Day

Veterans' Day

Labor Day

President' s Day

Thanksgiving Day

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Good Friday Christmas Day

Memorial Day Employee' s Birthday

Independence DayThree (3) Personal Days

24. 02 Any employee covered by this Agreement may convert their holidays to accumulatedtime to be used during the calendar year. No more than eighty (80) holiday hours may be cashedin at the end of the year. Any unused holiday hours in excess of eighty ( 80) will be forfeited. The personal day earned, pursuant to Article 41, Section 41. 02, may be converted to holidayhours and cashed in at the end of the year separately from other holidays. This is paid as part ofthe employee' s regular payroll check.

24.03 Any employee covered by this Agreement may convert holidays to accumulated time tobe used or cashed in during the calendar year.

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ARTICLE 25 VACATIONS

25.01 All full -time employees who have completed one ( 1) year or more of service as ofJune I" shall earn vacation hours according to the following schedule:

WeeksWorking Days

61

112

163

214

265

316

367

418

469

Years of ServiceVacation Weeks

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73

134

205

25. 02 Vacation time shall be earned in one ( 1) calendar year and taken in subsequent calendaryear.

25. 03 A vacation week shall be seven (7) consecutive days off.

25. 04 All vacation time shall be paid at the employee' s regular rate of pay in effect at the timethe vacation is taken.

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25. 05 If, due to scheduling, an employee' s vacation cannot be taken in the year earned and isaccumulated and taken in the next subsequent year, the rate of vacation pay shall be at theemployee' s rate ofpay in effect during the year taken.

25. 06 Vacation scheduling shall be on an equitable basis consistent with the operatingrequirements of the Lakewood Police Department and subject, at all times, to the approval of theChief of Police.

25. 07 Once an employee has made a vacation selection and is thereafter subject to amodification of work schedule which affects the employee' s regular days off said employee may, at his or her option, select another vacation period from among those vacation periods remainingand consistent with Section 25. 06 above. A Dispatcher may change scheduled vacation to anopen week with the following restrictions: The change is at least thirty (30) days in advance ofthe vacation time requested and the change must not interfere with staffing needs. Vacationchanges will be considered on a first come, first served basis.

25.08 If an employee is injured in the line of duty, and as a result of said injury is placed onsick leave during any scheduled vacation period, said employee shall be credited with thosevacation days so affected, and upon return to full -time duty be permitted to reselect his or hervacation days in accordance with the terms of this Agreement.

25. 09 Dispatchers shall be permitted to accumulate a total of fifty ( 50) working days ofvacation time. Vacation time acquired but not used in excess of fifty (50) days shall be forfeitedon December 31st of each year.

A. All personnel will be required to use at least ten ( 10) vacation days in every year.

B. Any days in excess of the days to which an employee is entitled may be placedinto a bank for accumulation.

25. 10 An employee who has notified the Chief of Police in writing of the date of retirement, shall not be required to make a minimum vacation selection, as required in Section 25. 09 above.

25. 11 Notwithstanding the provisions of the Ohio Revised Code 9.44 in determining servicetime solely for the purpose of the above vacation schedules for employees employed by the City, State or any political sub - division of the State, shall not be credited to the employee to establishan accrued basis of years of service upon entry into City employment.

25. 12 Following their selection of two ( 2) weeks vacation fine, vacation time may be taken inone ( 1) hour increments with the approval of the shift commander.

ARTICLE 26 WAGES

26. 01 There shall be a three percent ( 3 %) wage increase effective retroactive to January 1,

2017. All full -time employees shall be paid at the following hourly rate:

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Start 6 Months 1 Year 2 Years 3 Years

17. 06 17.94 19.22 20.28 21. 34

26.02 Effective January 1, 2018, there shall be a two percent (2 %) wage increase. All full -time

employee shall be paid at the following hourly rate:


17. 40 18. 29 19. 60 20. 69 21. 77

26. 03 Effective January 11 2016, there shall be a two percent (2 %) wage increase. All full -time

employees shall be paid at the following hourly rate:


17. 75 18. 66 19. 99 21. 10 22.21

The City will provide a stipend of $500 to all full -time employees covered by this Agreement forproficiency in " LEADS." This stipend will be paid in January of each year. Additionally, theCity will provide an additional $ 35 /per hour for LEADS proficiency, and the performance ofMatron duties.

26.02 For as long as the certification remains appropriate in the employer' s judgment, Dispatchers will be trained and maintain certification for Emergency Medical Dispatch ( EMD). The City will provide a stipend of $1. 00 per hour for this certification. The stipend will beretroactive to January 1, 2017.

ARTICLE 27 LONGEVITY COMPENSATION

27. 01 All full -time employees of the bargaining unit shall be paid semi - annually, with the firstpay in June and December of each year which will be included in the employee' s regularpay, in addition to such salary or compensation that may be provided by the Agreement, additional compensation based on the number of continuous full years of service, including interim military service, as determined on the dates of June 15th and December15`h of each year, computed in accordance with the following semi - annual rate schedule:

5 Years $ 250.00 13 Years $ 650. 00 21 Years $ 1, 050.00

6 Years $ 300.00 14 Years $ 700. 00 22 Years $ 1, 100. 00

7 Years $ 350.00 15 Years $ 750. 00 23 Years $ 1, 150. 00

8 Years $ 400. 00 16 Years $ 800. 00 24 Years $ 1, 200. 00

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9Years 450. 00 17 Years 850. 00 25+ Years $ 1, 250.00

10 Years 500. 00 18 Years 900. 00

11 Years 550. 00 19 Years 950.00

12 Years 600. 00 20 Years 1, 00. 00

ARTICLE 28 CALL -IN PAY

28. 01 A full -time employee who is called into work at a time not abutting the beginning or endof his or her regularly scheduled work shift shall receive payment for a minimum of three ( 3) hours worked at time and one -half ( 1 - 1/ 2) or actual time worked, whichever is greater.

28.02 When an employee is required to work at a time he or she is not regularly scheduled andsuch duty abuts his or her regularly scheduled shift, the employee shall be paid the actual timeworked at the rate of time and one -half (1- 1 / 2)his or her normal rate of pay.

28.03 Any Dispatcher called in to duty shall report within one ( 1) hour of personal notificationto do so.

ARTICLE 29 STAND -BY PAY

29. 01 An employee shall receive two ( 2) hours pay at time and one -half ( 1 - 1/ 2) his or herhourly rate if required to be on stand -by duty by the City. The City shall allow a reasonable timein which to reach employees on stand -by. This pay shall be paid in addition to any hours that anemployee is required to work on that day.

A. In the event it is necessary to place an employee on stand -by, the stand -byassignment shall be offered in order of seniority to all off duty employees. Thedecision to place a Dispatcher on stand -by shall be made by the AdministrativeCaptain or designee to the Dispatcher.

B. In the event no employee voluntarily accepts the offer, the stand -by assignmentshall be assigned to the least senior off -duty employee available.

C. Employees on stand -by shall be, and remain, immediately accessible fortelephone contact and ready and able to report for work within one ( 1) hour ofsaid telephone contact.

D. A "stand -by" overtime form shall be completed by the immediate Supervisor whonotified the employee of their stand -by assignment, noting the time and date ofsame. The employee shall sign the form, if he or she is available.

E. Stand -by assignments shall not exceed eight ( 8) continuous hours within atwenty -four (24) hour period, beginning with the start of the stand -by assignment.

22

ARTICLE 30 SPECIAL ASSIGNMENTS

30.01 Non - bargaining unit employees shall not be assigned to perform bargaining unit work ifsuch assignment causes a layoff, job abolishment, or displaces bargaining unit employees fromtheir regular job assignments on a regular basis. Qualified and trained employees may be used tofill openings on an emergency basis due to the resignation, termination or sick leave ofDispatchers.

ARTICLE 31 HOSPITALIZATION AND INSURANCE

31. 01 The City agrees to provide for full -time members and their dependents a choice of healthcare plans, provided the City may change either carriers or delivery systems if the benefits andprovider networks are comparable to the present plan. The City shall not offer less than two ( 2) plans; a 100% plan and a 90/ 10 selected by the City. Prior to changing health care deliverysystems, the City will meet and confer with the Union.

31. 02 Effective January 1, 2017, for employees electing coverage under the 90/ 10 Plan, monthly

employee premium contributions shall be ten percent ( 10 %) for family coverage and

thirteen percent ( 13 %) for single coverage, based on COBRA rates ( medical and prescriptiondrug), with a cap of $180. 00 per month for family and $ 125. 00 per month for single. 31. 03 Effective January 1, 2018 for employees electing coverage under the 90/ 10 Plan, monthly

employee premium contributions shall be ten percent ( 10 %) for family coverage and

thirteen percent ( 13 %) for single coverage, based on COBRA rates ( medical and prescription

drug), with a cap of $180.00 per month for family and $ 125. 00 per month for single. 31. 04 2019 will be a reopener for healthcare in the event the parties are unable to agree upon aunanimous plan design based on the Insurance Committee.

31. 05 The Employer shall establish an Insurance Committee of one ( 1) to three ( 3) representatives from each of the City's bargaining units, if they choose to be represented and aminimum of one ( 1) representative of the Employer. The Committee shall meet at least once amonth for the purpose of exploring cost saving measures and /or alternative health plans. TheCommittee shall make recommendations regarding health care coverage and suchrecommendations shall be presented to each bargaining unit as well as to the CityAdministration. This Committee shall be administered pursuant to Appendix B, attached hereto.

31. 06 The City retains the right to set the premium contributions on the 100% Plan.

31. 07 The City shall pay the remaining cost of the plan premium of expected costs of suchmedical and prescription drug plan. The member contribution shall be withheld via payrolldeduction not later than the first pay period of each month.

31. 08 The chart below reflects the changes to premium contribution as well as plan designchanges.

Percent of Employee

employee premium

Year Plan premiumcontribution Plan design change

23

contribution not -toexceed

2019

Reopener

31. 09 The City agrees to maintain the current Aid to Preventive Dentistry Plan with fifty ( 50) percent of the total cost paid by the individual.

3 1. 10 Newly hired employees shall have the option to purchase their selected health care plan atcurrent COBRA rates. The health care plan selected shall become effective on the first day ofthe month following their date of hire.

31. 11 The City agrees to provide coverage of life insurance to each employee covered by thisAgreement in the amount of $ 25, 000. 00, effective July 1, 2002.

31. 12 The 11100 %" and the " 90/ 10" Summary Plan Descriptions, including prescription drugcoverage, are attached hereto. ( See Appendix A, attached)

ARTICLE 32 UNIFORMS / MAINTENANCE

32. 01 All full - time employees shall receive an annual uniform allowance of $ 625. 00. Suchuniform allowance shall be paid semi - annually in the months of March and September of eachyear and will be included in the employee' s regular pay. Uniform allowance payments shall bepro - rated for new - hires and employees separating from employment with the City. ARTICLE 33 TOOLS AND EQUIPMENT

33. 01 The City shall provide all tools and equipment to employees for the proper and safeoperation of their jobs.

ARTICLE 34 SAFE WORK PRACTICES

34. 01 If at any time an employee is found to be in the possession of or is know to haveconsumed illegal drugs or alcohol during the workday or at any work site, or has seemingly

24

P100

amount

Deductible stays at $ 500; MMO

90/ 10 13% 125. 00 out sat $2,0002017 sin le

atDeductible stays at 1, 000; MMO

90110 10% 180.00aximum

satsta $ 4 000famil Deductible stays at $ 500; MM'

13% 125.00 out00pocket max stays at

90/ 10

2018 sin le Deductible stays at $1, 000DeducMMO

180.00 out -of- pocket max stays at90/ 10 10%

nA nnn

2019

Reopener

31. 09 The City agrees to maintain the current Aid to Preventive Dentistry Plan with fifty ( 50) percent of the total cost paid by the individual.

3 1. 10 Newly hired employees shall have the option to purchase their selected health care plan atcurrent COBRA rates. The health care plan selected shall become effective on the first day ofthe month following their date of hire.

31. 11 The City agrees to provide coverage of life insurance to each employee covered by thisAgreement in the amount of $ 25, 000. 00, effective July 1, 2002.

31. 12 The 11100 %" and the " 90/ 10" Summary Plan Descriptions, including prescription drugcoverage, are attached hereto. ( See Appendix A, attached)

ARTICLE 32 UNIFORMS / MAINTENANCE

32. 01 All full - time employees shall receive an annual uniform allowance of $ 625. 00. Suchuniform allowance shall be paid semi - annually in the months of March and September of each

year and will be included in the employee' s regular pay. Uniform allowance payments shall bepro - rated for new - hires and employees separating from employment with the City.

ARTICLE 33 TOOLS AND EQUIPMENT

33. 01 The City shall provide all tools and equipment to employees for the proper and safeoperation of their jobs.

ARTICLE 34 SAFE WORK PRACTICES

34. 01 If at any time an employee is found to be in the possession of or is know to haveconsumed illegal drugs or alcohol during the workday or at any work site, or has seemingly

24

P100

reported to work under the influence of alcohol or drugs, or has reported to work with the odor ofan alcoholic beverage on his or her breath, or becomes disoriented or incoherent, the employee isto be immediately transported to Lakewood Hospital for an immediate evaluation.

34.02 Appropriate disciplinary action will be taken against any employee found to be under theinfluence, and as a condition of employment shall sign a statement of understanding and agree tocease using alcohol and /or illegal drugs, and will also agree to enter into an alcohol /drugrehabilitation program under the direction of the Human Resources Director.

ARTICLE 35 SHIFT PREMIUM

35. 01 All full -time employees who work four ( 4) hours or more as part of a regular shiftassignment between the hours of 2:30 p.m. and 6: 30 a.m, shall receive a shift premium of forty - five (45) cents per hour for all hours worked during the second shift, and fifty (50) cents per hourfor all hours worked during the third shift. In addition, all employees who work a regularrotating shift shall receive a fifty -five ( 55) cent per hour shift premium for all regular hoursworked. Employees regularly assigned to first or " day" shift, and second or evening shift, shallreceive the third shift premium for all overtime hours worked during the third shift. Employeesassigned to the first and second shifts will not receive the third shift premium for hours theywork on third shift as a result of a time trade with another employee.

ARTICLE 36 JOB CLASSIFICATION

36.01 If substantial changes in the method of operation, tools, or equipment of a job occurs, orif a new job is established which has not been previously classified, the City shall meet with theUnion for the purpose of negotiating a rate of pay and classification or placing the job in anexisting classification. hi the event the City and the Union are unable to reach an agreement onthe issue, the City shall establish a temporary rate and classification and will promptly notify theUnion in writing. Thereafter, the Union may file a grievance to Step IV of the GrievanceProcedure. Any award of the arbitrator shall be retroactive to the date the City placed the rateinto effect. Any rate and classification mutually agreed to by the City and the Union, or decidedby the arbitrator shall become part of the wage agreement attached hereto. ARTICLE 37 INVESTIGATIONS

37.01 When an employee is to be interviewed or required to submit reports as a result of acitizen' s complaint, the employee shall be informed of the nature of such complaint prior to suchinterview or order to submit a report.

37. 02 In the event the City is engaged in an investigation of any employee covered by thisagreement, the City will issue no news releases or photographs which identify said employee, butwill refer all inquiries to the appropriate Prosecutor' s office.

37. 03 If during, or prior only to, any interrogation session, it appears as though solely criminalcharges may result, the employee will he advised of their legal rights to counsel, and will be

25

P101

afforded the right to have an attorney present at any and all interrogation sessions related to thespecific incident.

ARTICLE 38 PERSONNEL FILES

38.01 The personnel files for all employees shall be maintained by the Director of HumanResources for the City of Lakewood.

38. 02 All full time employees of the bargaining unit shall have the right to examine their ownpersonnel file ( excluding all information related to their probationary period and pre- employment screening), once every six ( 6) months and with two ( 2) working days advancenotice.

Such request shall be forwarded through channels to the Director of Human Resources. Employees will be required to remain in the Human Resources Department with a member of theHuman Resources staff while reviewing their file. Under no circumstances will an employee beallowed to remove a file from the Department of Human Resources.

38. 03 An employee may not remove or alter any documents in their file but may place writtenclarification, explanation or rebuttal to any of its contents which may be of a negative nature, bysubmitting same, through channels, to the Director of Human Resources. 38.04 No unsubstantiated complaint shall be placed in an employee' s personnel file and anydisaffirmed disciplinary action shall be expeditiously removed from an employee' s file. ARTICLE 39 CONFLICT WITH LAW AND SEPARABILITY

39. 01 The parties intend this Agreement to supersede and replace any state and local laws onthe subjects covered by this Agreement. Where this Agreement makes no specification about amatter, the provisions of applicable law shall prevail. If, by operation of law, or by a court ofcompetent jurisdiction, it is found that any provision shall be of no fruther force and effect, theremainder of the Agreement shall remain in full force and effect for the Agreement term.

39.02 If it is determined by a court of final jurisdiction, that any provision of this Agreement isin conflict with the law, that provision shall be null and void and shall not affect the validity ofthe remaining articles of this Agreement.

39.03 in the event of an unlawful termination of a section or article of this Agreement, thatsection or article shall be reopened and the City and Union shall meet within thirty ( 30) days tonegotiate a lawful alternative provision. If the parties cannot resolve the issue among themselveswithin thirty ( 30) days of the first meeting, the parties shall submit the issue to arbitrationpursuant to the terms of Article 10, Section 10. 04.

ARTICLE 40 TRAINING ASSIGNMENT

P102

40.01 The employer may assign an employee the responsibility of training another employee. The employee assigned responsibility for training shall receive $ 250.00 for each year suchresponsibility is assigned.

40.02 An employee temporarily assigned to a classification excluded from the bargaining unitshall maintain his or her seniority and grievance rights within the bargaining unit for the periodof said assignment.

ARTICLE 41 PERFECT ATTENDANCE

41. 01 All full -time employees covered under this contract who complete a calendar quarter1/ 4) of a year with perfect attendance ( January 1 to March 31; Aril 1 to June 30; July I to

September 30; and October 1 to December 31), with no time absent for any reason whatsoeverexcluding time off as a direct result of an on- the -job injury lasting no more tthan seven (7) eight -

hour shifts ( consecutive or intermittent) for each separate and distinct injury), shall be entitled toreceive a bonus equal to twelve ( 12) hours' pay at his or her current rate of salary, for eachcalendar quarter ( 1/ 4) in which no absence is recorded provided that said twelve ( 12) hours' ofpay at the current rate of pay does not exceed $ 250.00. Vacations, holidays, funeral leave, military leave, jury duty /witness leave and union leave shall not be counted as days absent. However, employees who take time off as a result of a serious injury, suffered as a result of aphysical altercation with an inmate, shall maintain eligibility during the initial eighteen ( 18) month period of treatment for each separate and distinct serious injury.

41. 02 All full -time, permanent employees covered under this contract who complete one ( 1) year ( January 1st through December 31s) with no time absent for any reason whatsoeverexcluding time off as a direct result of an on -the -job injury lasting no more than seven ( 7) eight -

hour shifts, consecutive or intermittent, for each separate and distinct injury), shall be entitled toan additional personal day off during the following year. However, employees who take time offas a result of a serious injury, suffered as a result of a physical altercation with an inmate, shallmaintain eligibility during the initial eighteen ( 18) month period of treatment for each separateand distinct serious injury.

41. 03 Employees hired after August 1, 2010 shall not be eligible for a perfect attendance bonusARTICLE 42 TUITION REIMBURSEMENT

42.01 Upon successful completion of the basic probationary period, employees may takeaccredited college courses with the approval of the Chief of Police. The City shall reimbursesuch employees the full tuition expense provide the employee receives a grate of " C" or theequivalent, at the completion of each course. If the employee leaves the Department within five5) years of such reimbursement, the employee shall have the full amount of tuition

reimbursement deducted from the employee' s final payout or make full reimbursement to theCity.

ARTICLE 43 COMMUNICABLE DISEASES

27

P103

43. 01 The City recognizes its obligation to be responsive to the employee' s needs regardingcommunicable diseases. Detailed policy and procedures shall continue to be in place regardingproactive preventative measures. This policy and procedure shall be available to each bargainingunit member. It shall discuss and describe treatment of citizens and the precautions whichshould be updated as often as new information is made available.

43. 02 The City shall issue members all equipment and supplies necessary to reasonably protectthe member from contracting communicable diseases within the work environment. The Cityagrees to cooperate with members with terminal illness seeking to utilize the pension systemdisability program and /or retirement system that provides viable options for that affectedemployee.

ARTICLE 44 MISCELLANEOUS

44.01 All full -time employees shall have a minimum of six (6) " RDO" days off each month.

ARTICLE 45 DURATION

45. 01 This Agreement represents an understanding between the City and the Union and it shallbe effective from January 1, 2017 through December 31, 2019 and thereafter from year to yearunless at least ninety ( 90) days prior to said expiration date, or any anniversary thereof, eitherparty gives timely written notice to the other of an intent to negotiate on any or all of itsprovisions.

IN WITNESS WHEREOF, the parties have hereunto set their hands this _ day of

2017.

FOR THE CITYFOR THE UNION

Michael P. Summers, Mayor

Timothy J. Malley, Chief of Police

Jean M. Yousefi, HR Director

LEGAL CORRECTNESS AND FORM.

r

P104

Chuck Wilson, Union Rep

Christine A. Sykora

Tonya L. Graham

Anne M. I juiberAPPROVED AS TO

Kevin M. Butler, Law Director

29

P105

APPENDIX A [ Note: All charts, pp. 30 -37, to be replaced with current charts] Medical Mutual of Ohio 100% Plan

City of Lakewood : Plan 1Summary of Benefits and Coverage: What This Plan covers & What It Costs

Coverage Period: 0110112 014 - 12t3112014

Coverage for Single or Family l Plan Type: PPO

This Is only a summary. IfYou ward more detal aboutyour coverage and costs. you can get the = Plele terms in the Policy or plan document atMedMutmd com1SBC or by calling 000.5402501

Questions. Call 800.540.2583 or visit us at MedMutuai. comlSBC. P, ge I ofs

If you amri t clear about any of the underlined terms used in this form. see the Glossary. You can view the Glossary 501935999

at MedMutual.cemlSBC or call 800.540.2583 to request a copy. BEN 133195B385924

30

P106

City of Lakewood: Plan 1Summary of Benefits and Coverage: What This Plan Covers & What it Costa

Coverage Period: 0110112014 - 1213112014

Coverage for: Single or Family l Plan Type: PPO

Coaavmenls are fixed dollar amounts (for example, $ 15) you pay for covered health care, usually when you receive the service. oin nonce isyourshare of the costs ofa covered service, calculated as a percent of the allowed amount for the service. For example, if the plan's

allowed amount for an overnight hospital slay is $ 1, 000, your coinsurance payment of 20% woul d be 5200. This may change if you haven' t melyourThe agmoun the plan pays for covered services is based on the allowed amount. Ilan outol- network provider charges more than the aLMIamount, you may have to pay the difference. For example, if an ouwf- network hospital charges $ 1, 500 for an overnght stay and the allowed amount is51, 000, you may have to pay the $ 500 difference. (This is called Dolan . 1tillino.) M, k man may encoumae YOU to use Network providers by charging you tower deductibles. cooayments and comsura nice amounts.

Acu maturePreventive carel screening) No charge Not Covered I —

none—

immunization

Diagnostic lest (x-ray) No char eafter deductible9 30 %coinsurance -- none --

Diagnostic test (blood work) No charge after deductible 30 %wmsumnce — none -

Imaging ( CT /PET scans, MRls) No charge alter deductible 0% coinsurance -- none --

PrescriptionDrugCovemge Not Covered by Medical Not Covered IExcluded Service

Cartier

Facility fee ( e.g., amhulalory surgery No charge alter deductible 30 % coinsurancenone —

center)

i Physicianlsurgeon fees (OulpatienQ No charge oiler deductible 30% coinsumncenone-

Questions: Call 000. 540.2583 or visit us at MedMutualcondSBC. it you event clear about any of the underlined terms used in this form, see the Glossary. You can view the Glossaryal MedMutual.com /SBC or cal 800.540.25B3 to request a copy.

31

P107

P.vgc 2 of 8504935999

EEN133195? 305994 -00023

Coverage Period: 01( 0112014. 1213112014

City of Lakewood : Plan 1Summary of Benefits and Coverage: What This Plan Covers & What it Costs

Coverage for. Single or Familyl Plan Type: PPD

needs

Mentallaehavioral health inpatient Benetas papa oases uncumrespmmmy ummw•wii.••.,

ce's

sernSubstance use disoder Outpatient aenetitc paid based on cmresponding medical benefitsservices (alcohol

m IBenefits paid based an correspondmg medical beneFds e

Inon-

services dmg use)_— Substance use disorder inpatient Benefits paid based an corresponding medical benefits none —

services alcoholism

Substance use disorder inpatient eenefas paid based on corresponding medical b( neftS I —none-

services tlmguse

Prenatal and postnatal Ore No charge after deductible 30 % coinsurance-- none-

Oeliveryand all inpatientservices No charge after deductible 13056 coinsurance none --

Home health Ore No charge after deducbble none— —

jRehabilitationservices( PhysiOl No charge after deductible 30 % coinsurance I —none=

I Therapy)--. Habilitation services( Occupational No chargeafterdeductible 30 %cumsurance

none—

Thera

Habilitation services (Speech No charge after deducible 30 %cmnsurance I- -none-

Thera

Skilled nursing care20 % cotnsurance none —

Durable medical equipmant20% coinsurance none—

He ice service No charge Offer deductible none—

questions: Call 800.540.2583 orvi al us at MedMutual.comlSBC. Pea 3 of 8

Ifyou aren' t clear about any of the underfeed terms used in this form, see the Glossary. You can view the Glossary 504935599

at Medldutual. comlSBC or OII 800.540.2583 to request a copy. aEH1391959Qa59a4LW23

Coverage Period: 0110112014. 12131( 2014

City of Lakewood: Plan 1 Coverage for. Single or Family Plan Type: PPOSummary, of Benefits and Coverage: What This Plan covers & What it Costs

32

FEW

Coverage Period: 0110112014. 1213112014

City of Lakewood : Plan 1 Coverage for. Single or Family l Plan Type: PPOSummary of Benefits and Coverage: WhalThls Plan covers S What it Costsv...d.. ded Cenrirne R nfher Covered Services:

Services Your Plan Does NOT Cover ( This isn't a complete Ilsf. Check your policy or plan document far other excluded services.) Hearing Aids

Routine Eye Care (Adult) Acupuncture

Infertility TreatmentRoutine FOOL Care

Cosmetic Surgery

Dental check -up ( Child) Long -Term Care Weight Loss Programs

Dental Care (Adult) Nonemergency care when traveling outside meGlasses

U.S.

Iher Covered Services isn•t a complete list Check your policy or plan document for other covered services

sand your costs

s'

for these services.) lBadaOic Surgery

Chiropmdic Care

Your Rights to Continue Coverage:

It you lose overage under the plan, then, depending upon the circumstances, Federal

be

satelaws mayprovide

protepmmuth You

you

while

to

covered

health coverage.

plan .

Any

such rights may be limited in duration and will require you to pay a premium. Y

Other limitations on your rights to continue coverage may also apply.

For more information on your fights to confinue coverage. contact

Labor, Employee Benefits Security Administration at 866.444.3272 or www.dol.govlbsa,8orfi e U.S. Department of Health and Human Services at 877. 2672323 %61565 or

wwrv.coim. cros.gov.

Questions: Call 800.54O, 2583 or visit us at MedMumaLCOmISBC. Pogo 5 of

If you aren' t clear aboutany of the underlined terms used in this form. see the Glossary. You can view the Glossary 5 35599

at Medidulual.comlSBC or call 800. 540.2583 to request a copy- EENSM959365994 4)02

Coverage Period: 0110112014. 1213112014

City of Lakewood: Plan 1 Coverage for. Single or Family l Plan Type: PPOSummary of Benefits and Coverage: What This Plan Covers 8 What it Costs

Your Grievance and Appeals Rights:

if you have a complaint or are dissatisfied with a denial ofoverage for claims under your plan, you maybe able to aueealor file srieg_ vancee For questions about Your

rights, this notice, or assistance, you on contact: the plan at 800. 5402583. You may also contact the Department of Labors Employee Benefits Security Administrationat866A44.EBSA (3273) or www.dol.goviebsalhealthreform.

Does this Coverage Provide Minimum Essential Coverage?

The Affordable Care Act requires most people to have health ore coverage that qualifies as ' minimum essential coverage' This plan or policy does provide minimumessential coverage.

Does this Coverage Meet the Minimum Value Standard?

The Affordable Cam Act establishes a minimum value standard of benefits of a health plan. The minimum value standard is 60% ( actuarial value). This health overagedoes meet the minimum value standard for the benefits it provides.

33

P109

Medical Mutual of Ohio 90/ 10 Plan

Coverage Period: January tat - December3f at

CITY OF LAKEWOOD Plan 2 — MMO LO PlanCoverage for: Single or Family l Plan Type: PPD

Summary ofCoverage: What This Plan Covers & What It Costa

This is only a SUmmary. If you want mare delal about yourcoverage and costs, you can get the complete Mims in the policy or plan document atMedMuNel.mnJSSC or by calling b00 27400

5114'78

motion: Cap 800. 232. 7400 or visit us at MedMuhall. ccntlSBO. 9,' a °, S

It you are, clear about any of the bolded terms used in this loan, seethe Glossary. Yet, can view the Glossary e, NaN5

at MedMUtual ComiSBC or call 800. 232, 7400 to request a copy. Ce. 3r£ < ta5+ 21a^

34

Pilo

YOamust pay a" " a cesS up fo the -deductible anwunl before this plan begins to pay for coveredWhatW the overall 3001sinAle•$ 600 family Ne mood or300Isingle,$ 000lfamily NOnNelwotx3 5 0co-insurance,

services you use. Checkyour pacyor plan document to see when the deductible starts averusually, but not always, January 1st). See the shad stating on page2 hrhowmuch youpay for

deductible? apply cope covered services after you meet Ne dedudihle. and neMrork preventive care

You dorit have to meet deductible, forspeci0c services, but see the shad stadure on page 2 forAm them other deductibles No other costs FOrservices this plan savers. for npeci( c services?

Is there an ouFO4pocketFin Yes,$ 17001single.$ 3d004amilyTheout-obpocketlim@isihe mos( you mould pay dudrgacoveIan for ho. 11

careeareyear)tor

This limilhelps you plan for health care expenses. an hey expenses?

Network your share of the cast of revered services.

2,0001single,

4, 000ramityNomNewark

Deductibles, premium, balancrbitled Even though you pay these expenses, they don' t court toward tlt outof- socketlimitWhat is not included in the changes and health ore this planoutabpocket limit doesnl cover.

I, there an overall annual limit No The chat staling on page 2 dissenters any limits onwhallha plan will pay[ oof apeclfe coveredon what the Insurer pays?

services, such as ofilma isits.

Does this plan use a network Yes. See hledldutualcom9BC droll It you use an lmnetark doctor or other heath erg provider this pianwill paysome orallofthein- network doctor orhospitai may use an outofnetworkofroveides?

800232.7400 for a list of paddpaling costs ofcovered services. Be aware, yourror[_Mortar same services. Plans use the term inrasptarred or paNCipating forroveIders

providers.

in their network. See he shad stating on page 2 for how this plan pays different kinds ofprovitlers.

Do I need a referral toaee a NoYou can see the special, ( you choose without permission tram the plan.

sepclaltat?

Some olthe services Nis plan doesnt cover are listed after in the document. See your policy or planAre there services this plan Yes document for additional information about excluded aurvkes. doesn' t cover?

motion: Cap 800. 232. 7400 or visit us at MedMuhall. ccntlSBO. 9,' a °, S

It you are, clear about any of the bolded terms used in this loan, seethe Glossary. Yet, can view the Glossary e, NaN5

at MedMUtual ComiSBC or call 800. 232, 7400 to request a copy. Ce. 3r£ < ta5+ 21a^

34

Pilo

Coverage Period: 01[ 0112014 - 1213112014

City of Lakewood : Plan 2 Coverage tor. Single or Family ) Plan Type: PPOSummary of Benefits and Coverage: What This Plan Covers & What it Costa

a, Copavments are fixed dollar amounts ( for example, $15) you pay for covered health care, usuallywhen you receive the service. Coinsurance is your share of the costs of a covered service, calculated as a percent of the end amount for the service. For example, if the plan'sallowed amount for an overnight hospital stay is S1. 000, your coinsurance payment of 20 % would be 5200. This may change if you haven' t met yourThe amount the plan pays for covered services is based on the allowed amount, if an outof- network provider charges more than the allowedamamunt . you may have to pay the difference -For example, if an oulof- network Maida] charges $ 1500 for an overnight stay and the snowed amount is51, 000, you may have to pay the $500 difference. ( This is called balance billing.) This plan mav encourage you to use Network providers by charging you lower deductibles, copaymem +and coinsurance amounts.

questions: Call 800. 540.2583 or visit us at MedMutual.comlSBG. Pepe 2 of 5

if you aren' t clear about any of the underlined terms used in this form, see the Glossary. You can view the Glossary 5NQ35999

at MedMutual.condSBC or call 800.540. 2583 to request a copy. BE1033f9539930* 00925

35

P111

Coverage Period: 0110112014. 12131i2014

City of Lakewood : Plan 2Summary of Benefits and Coverage: What This Plan Covers & What it Costa Coverage for: Single or Famly( Plan Type: PPO

if you are pregnant

needs

MenlaVBehavioml hea8hinpatiem g mem-, ueuc1Benefds paid based on conespomm 11

services

Substance use disorder outpatient Benefits paid based on corresponding medical benefits Imme—

services alcoholism

Substance use disorder outpatient Benefits paid based onconesponding medical benefits none—

services (drug (drug use) based medical benefits none --

Substance use disorder inpatient Benefits paid on corresponding i— services (alcoholism

Substance use disorder inpatient IBenefits paid based on conespondng medical benefits I

none —

services dm use

Pre alai and postnatal care 10 % coinsuance 30 % coinsurance j — nme—

Delivery and all inpatient services 10% coinsurance ; 30% coinsurance j — none-

Home health care10 % coinsurance i — none-

Fehablitationservices( Physical 10% coinsurance 30 % coinsurance none -

Th empyL__, t_

Habilitation services ( Ocoupational 10 °h coinsurance 30 °k coinsurance j-- none -

Thera

Habilifation services( Speectl 0% coinsurance 30 % coinsurance none -

Thera y)_. Skilled nursing rare

20 °b insurance none -

Durable medical equipment 20 % coinsurance j — none-

FHospicesediice 10% coinsurance

questions: Call 800.540.2583 or visit us at MedMutual.wmSBC. Pz3e 3 of s

If you aren' t clear about any of the underlined terms used in this form, see the Glossary- You can view the Glossary s0sas9oa

at Medfduhal.comlSBC or call 800,540.2583 fa request a copy- aemaalossgaaotaaoozs

Coverage Period: 0110112 014- 12)3112014

City of Lakewood : Plan 2Summary, of Benefits and Coverage: What This Plan Covers & What it Costs Coverage for. Single or Family Plan Type: PPO

36

P112

Coverage Period: 0110112014. 1 2131120 14

City of Lakewood: Plan 2 Coverage for: Single or Family) Plan TYPO: PPOSummary of Benefits and Coverage: WhatThis Plan Covers & What it costs

Excluded Services & Other Covered Services:

Service, Your Plan Does NOT Cover (This isdt a complete list. Check your policy or plan document for other excluded servicesHearing Aids

Routine Eye Care (Adult) Acupuncture

Cosmetic Surgery Infertility TreatmentRoutine Foot Care

Weight Loss ProgramsDental check- up( Child) Long -Tenn Care

Non - emergency care when traveling outside theDental Care (Adult) U.S.

Glasses

Other Covered Service, iThls isn' t a complete list Check your policy or plan document for other covered services` and your ostsfor 01050 services.) Bariabic Surgery

Chiropmchc Gare

Your Rights to Continue Coverage:

if you lose coverage underthe plan, then, depending upon thecircumstanceswhech may

d State laws maprvide protections thata premium youlowy

you

lekeep health

d under me plan.

Any

such rights may be limited in dumfan and will require you to pay a premium . 9 higher

Other limitations on your fights to continue coverage may also apply.

For more inforgrafion on your rights to continue

Labor. Employee Benefits Security Administration at 866.444.3272 or wwwAol.govlebsaeor the U. S. Department of Health and HumanServices at 877.2672323 X61565 orwww.coiio.cres gov.

Questions: call 800.54025B3 or visit us at Medivulual.comlSBC. P, ee 5 ors

Ifyou aren' t clear about any of the underlined terms used in this form, an the Glossary. You can view the Glossary Se4g36ggg

at MedMuIual. comiSSC or call 800.5401583 to request a copy. BEN1331963e NIM0025

Coverage Period: 0110112014 - 1213112014

City of Lakewood : Plan 2 Coverage for. Single or Family l Plan Type: PPOSummary of Benefits and Coverage: WhatThi, Plan Covers & What It Costs

Your Grievance and Appeals Rights:

If you have a complaintor are dissatisfied with a denial of coverage for claims under your plan, you maybe able to aoaealor file a arlevanee. For questions about yourrights, this notice, or assistance, you can contact the plan al800.540.2583. You may also cantaclthe Department of Labors Employee Benefits Security Administrationat 866.444. EBSA ( 3273) or www.dol.govlebsamealthreform.

Does this Coverage Provide Minimum Essential Coverage?

The Affordable Care Act requires most people to have health care coverage that qualifies as' minimum essential coverage: This plan or policy does provide minimumessential coverage.

Does this Coverage Meet the Minimum Value Standard?

The Affordable Care Act establishes a minimum value standard of benefits of a health plan. The minimum value standard is 601A ( actuarial value). This health coveragedoes meet the minimum value standard for the benefits it provides.

37

P113

Express Scripts: Non - AFSCME Pharmacy Coverage Coverage Period 1- 1- 2017 - 12 -31- 2019

oi.,., r,.verc xwhat it rests Coverage for: PLAN.A - MMO Hi 100 %Plan

W]

P114

Appendix B

Insurance Committee Rules

At the conclusion of the bargaining units' current collective bargaining negotiations, anemployee- management committee represented by between one and three employees fromeach of the city' s seven bargaining units and at least one representative of managementshall be formed. The employer shall and the members of the committee may provideadvisors or facilitators to assist the committee regarding health care issues. Thecommittee will meet as often as necessary to complete its work, with a target of at least onemeeting per month.

The committee shall be required to review the employer' s current health care plans, including its plans for medical and prescription, and adopt one or more new or revisedplans that are competitive in the health care market, will not be considered so- calledCadillac Plans" under the Affordable Care Act and that will achieve the goals of

promoting cost containment within the plan and minimizing premium contributions byemployees.

In fulfilling its mission, the committee shall consider office co -pays, prescription drug rates, deductibles, maximum out of pockets, wellness programs and such other plan attributesand other related matters that may help the city achieve the goals set forth above.

No later than September 1, 2018, the committee shall vote upon proposed new or revisedhealth care plan or plans that meet the goals set forth above. Each bargaining unit shall beentitled to cast one vote, no matter the number of employees representing the bargainingunit on the committee. The employer shall be entitled to cast one vote, no matter thenumber of representatives of management or non -union employees serving on thecommittee. If the committee unanimously approves such proposed new or revised plan orplans, then such plan or plans shall become the employer' s plan or plans, and the employershall be authorized and directed to implement the plan or plans. If the committee, however, fails by September 1, 2018 to approve unanimously a new plan or plans, then the reopenerprovisions in this agreement with respect to hospitalization coverage for the year 2019 willapply and the parties to this agreement will then separately engage in negotiations on thatsubject.

In 2019 the committee shall meet when appropriate to consider further and additionalrevisions to the employer' s plan or plans in order to meet the goals set forth above. Whenmeeting in 2019, the committee and the employer shall continue to follow the proceduresset forth above for approving appropriate additional revisions to the employer' s healthcare plan or plans. Neither party shall unreasonably refuse to participate in any committeemeetings called by the employer.

39

P115

ATTACHMENT REGARDING COMPENSATORY TIME AND SHIFT TRADE

To establish new compensatory time language and abandon the current practice that hasbeen in place regarding shift trades, the City of Lakewood (`'Employer ") and the Ohio FraternalOrder of Police, Ohio Labor Council, Inc. (FOP /OLC), Dispatchers Unit ( "Union ") agree to thefollowing terms, which shall take place upon the ratification and settlement of the current collective bargaining agreement negotiations:

1. The Employer will, for the 2017 contract year only and upon ratification, establish and

pre -load the compensatory bank identified in new Section 14. 09 with 50 hours for each currentemployee as of the date of ratification.

2. The provisions of the collective bargaining agreement contained in Article 14, Over- time, shall be used to manage such compensatory time, and although the provisions and allowedusage of compensatory time shall be part of this agreement and subject to future bargaining ofthe parties, the Employer shall only pre -load the amounts set forth in the 2017 contract year.

3. It is agreed and understood that upon ratification of the collective bargaining agreement, and in an effort to resolve all doubtful and disputed claims between the Employer and theUnion, this agreement shall release the Employer from grievances and /or litigation on behalf ofthe Union and the ratifying members of the bargaining unit for previous calculations and shifttrade errors made by the parties in their application and understanding of the previous contract.

IN WITNESS WHEREOF, the parties have caused this agreement to be executed on thedates set forth below.

FOR THE CITY OF LAKEWOOD: FOR THE FRATERNAL ORDER

OF POLICE, OHIO LABOR

COUNCIL, INC.

Date

APPROVED AS TO LEGAL FORM:

Law Director

P116

Date

Oe NOM

March 20, 2017

Lakewood City Council

DEPARTMENT OF PUBLIC WORKS12650 DETROIT AVENUE X 44107 K (216) 529 -6804

RE: AT &T Proposed easements


JOSEPH J. BEND, PE

DIRECTOR OF PUBLIC WORKS

Please review the attached documents from AT &T for easements on city property to placecabinets for their GigaPower service program. There are three locations in this request: thenortheast corner of Madison Park, northwest corner of Winterhurst parking lot, and on WarrenRoad between the Board of Education and Boston Market. I have worked with the AT &T staffto evaluate areas where they needed to place cabinets and have determined that these locationswere the most visually appealing options for their structures in the areas. AT &T can providelandscaping plans for the locations if they are determined to be necessary.

Please refer to the appropriate committee for further discussion. AT &T representatives will bepresent there to participate in the discussions also.

Sincerely,

Joseph J. Beno, PE

www.onelakewood.com

P117

ORDINANCE NO. BY:

AN ORDINANCE authorizing the Mayor on behalf of the City of Lakewood to enter intoagreements necessary to grant three Exclusive Easements to The Ohio Bell Telephone Company, d /b /a AT &T Ohio, for placement of and access to equipment used in the transmission of signalsused in the provision of communication, video and / or information services on property locatedat 14740 Lakewood Heights Boulevard, Lakewood, Ohio ( PPN 314 -13 -060); 13029 MadisonAvenue, Lakewood, Ohio ( 315 -20 -003); and 14601 Detroit Avenue, Lakewood, Ohio ( 314 -04- 020).

WHEREAS, 14740 Lakewood Heights Boulevard, Lakewood, Ohio ( PPN 314 -13 -060); 13029 Madison Avenue, Lakewood, Ohio ( 315 -20 -003); and 14601 Detroit Avenue, Lakewood, Ohio (314 -04 -020) are currently titled to the City of Lakewood; and

WHEREAS, AT &T has proposed placing equipment necessary for provision of theirservices on this parcel and the granting of these easements is necessary to placement of thatequipment; now, therefore,

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO:

Section 1. The Mayor, on behalf of the City of Lakewood, is hereby authorized to enterinto agreements on terms approved by the Director of Law necessary to grant three separateExclusive Easements, the locations and descriptions of which are attached as Exhibits A, B andC, to the Ohio Bell Telephone Company, d/ b /a AT &T Ohio, for placement of and access toequipment used in the transmission of signals used in the provision of communication, video andor information services on properties located at 14740 Lakewood Heights Boulevard, Lakewood, Ohio ( PPN 314 -13 -060); 13029 Madison Avenue, Lakewood, Ohio ( 315 -20 -003); and 14601 Detroit Avenue, Lakewood, Ohio ( 314 -04 -020).

Section 2. It is found and determined that all formal actions of this Council concerningand relating to the passage of this Ordinance were passed in an open meeting of this Council andthat all deliberations of this Council and any of its committees that resulted in such actions werein meetings open to the public and in compliance with legal requirements.

Adopted:

Approved:

P118


Clerk of Council

Mayor

AT &T EXCLUSIVE EASEMENT

For good and valuable considerations, receipt of which is hereby acknowledged, the undersigned City

of Lakewood, a municipal corporation ( Grantor) hereby grants and conveys to The Ohio BellTelephone Company dba AT &T Ohio, an Ohio Corporation, and its affiliates and licensees, successors and assigns ( collectively " Grantees ") an exclusive easement in, under, over, upon and acrossthe Easement Area (described below), for the purposes of and in order to construct, reconstruct, modify,

supplement, maintain, operate and /or remove facilities for the transmission of signals used in the provisionof communication, video and /or information services and /or any other services or uses for which suchfacilities may be used including, but not limited to, poles, guys, anchors, and messenger strand, equipmentcabinets or enclosures and support posts or pads, cables, wires, pedestals or other above - ground cable or

wire enclosures, marker posts and signs, and other related or useful equipment, fixtures, appurtenancesand facilities, together with the right to have commercial electrical service extended across the Propertydescribed below) and Easement Area to provide service to such facilities and the right of ingress and

egress across the Property and the Easement Area for the purpose of access to and use of the easementgranted herein.

The Property is legally described as:

Situated in the City ofLakewood, County ofCayahoga and State of Ohio and known as being apart ofOriginal Rockport Township Section No. 19. Property isfurther described as land conveyed to the CityofLakewood by deed Volatile 10310 Page 112 recorded on October 16, 1961 in Cuyahoga CountyRecords. PPN 314 -13 -060

The Easement Area is legally described as:

See Exhibit "A". attached hereto,

The Ohio Bell Telephone dba AT &T Ohio shall indemnify and save harmless the owners of said propertyfrom any and all damages to said property or persons by reason of the location, construction, installation, or maintenance of said company' s equipment on said property.

The Grantor represents and warrants to the Grantee that Grantor is the true and lawful owner of the

Property and has full right and power to grant and convey the rights conveyed herein.

Grantee hereby agrees to restore all property disturbed by its activities in use of the easement to thecondition existing prior to the disturbance.

P119

Grantee shall have the right to remove or trim such trees and brush in the Easement Area as is necessary toexercise the rights conveyed herein.

The Grantor shall not construct improvements in the Easement Area or change the finish grade of theEasement Area without the consent of the Grantee, which shall not be unreasonably withheld.

The Grantor agrees that, due to the exclusive nature of the grant herein conveyed, no other use of theEasement Area shall be made by anyone, including Grantor, without the consent of the Grantee.

This Easement is binding upon and shall inure to the benefit of the heirs, successors, assigns, and licenseesof the parties hereto.

GRANTOR:

Signature)

Printed)

Title)

STATE OF OHIO )

SS


GRANTOR:

Signature)

Printed)

Title)

I, the undersigned, a Notary Public in and for said county in the state aforesaid, DO HEREBY CERTIFYTHAT , personally

known to be the person(s) whose name( s) is /are subscribed to the foregoing instrument, appeared beforeme this day in person, and acknowledged that as signed, sealed and delivered the said instrument as theirfree and voluntary act, for uses and purposes therein set forth, including the release and wavier of the rightof homestead.

Given under my hand and notarial seal, this day of 2017.

Notary Public

This document was drafted by the AT &T Legal Department, 225 W. Randolph Drive, Chicago, IL 60606. Return this document to: AT &T Attn: Terrance Little13630 Lorain Ave 4`h Floor Cleveland, Ohio 44111

P120

EXHIBIT " A" TO AN EASEMENT DATED __

FROM r,`p'' • yo', O

THE CITY OF LAKEWOOD RICHARD J.

TO A: KOLE

THE OHIO BELL TELEPHONE COMPANY o• •-_ P 7889 GPS

d / b /a AT &T OHIO, AN OHIO CORPORATION FS' Fc sTER •' Q,: SioNA

SJ ; N 41. 26.243'

by. W g1 gg 002'

Prepared

R M K. LE

FEBRUARY 28, 2017 NO SCALE a

S/ L 1 I 12. 00' S/ L 19

U zt P. P.O. B. SB9' 58'00 'E132.61'

58958'00 'EP

w 3

S/ L 370Z y

2 5'

0 12. 00' NEW AT &T

Q F5 N89'5B' 00 "W EXCLUSIVE EASEMENT

0 ° z

S/ L 369WPPN: 314 - 13 - 060

UN CITY OF LAKEWOOD

JVOL. 10310 PG. 112

QREC: OCTOBER 16, 1961

S/ L 368 S/ L 368 RES # 14740 LAKEWOOD HTS BLVD

aI

P. 0.8.

LAKEWOOD HTS BLVD - WIDTH VARIES

Situated in the City of Lakewood, County of Cuyahoga and State of Ohio and known as being a part of OriginalRockport Township Section No. 19.

Starting at the intersection of the centerlines of Lakewood Heights Boulevard, width varies, and Alger Road, 60.00feet wide; thence North DO. 31' 20" East along said centerline of Alger Road, 235.00 feet to a point; thence South 89° 58' 00" East, 132. 61 feet to a point in the southerly line of Sublet No. 19 at the Principal Place of Beginning of the easementherein Intended to be descrlbed;

thence continuing South 89° 58' 00" East along said southerly line of Sublet No. 19, 12. 00 feet; thence South DO- 59' 50" West, 24.00 feet;

thence North 891 58' 00" West, 12. 00 feet; thence North 00' 59' 50" East, 24.00 feet to the Principal Place of Beginning and containing 0.0066 acres of land as

described on February 28, 2017 by R. M. Kole & Assoc. Corp., Professional Land Surveyors.

08T Undertaking No. A00FV8N File No. 17041

R. M. KOLE & ASSOC. CORP. - 5316 RIDGE ROAD - PARMA, OHIO 44129 - 440.885.7137 - www.kolesurvey.com

P121

EXHIBIT

IJ


For good and valuable considerations, receipt ofwhich is hereby acknowledged, the undersigned City

of Lakewood, a municipal corporation (Grantor) hereby grants and conveys to The Ohio BellTelephone Company dba AT &T Ohio, an Ohio Corporation, and its affiliates and licensees, successors and assigns (collectively " Grantees ") an exclusive easement in, under, over, upon and acrossthe Easement Area (described below), for the purposes of and in order to construct, reconstruct, modify, supplement, maintain, operate and /or remove facilities for the transmission of signals used in the provisionof communication, video and /or information services and /or any other services or uses for which suchfacilities may be used including, but not limited to, poles, guys, anchors, and messenger strand, equipmentcabinets or enclosures and support posts or pads, cables, wires, pedestals or other above - ground cable orwire enclosures, marker posts and signs, and other related or useful equipment, fixtures, appurtenancesand facilities, together with the right to have commercial electrical service extended across the Propertydescribed below) and Easement Area to provide service to such facilities and the right of ingress and

egress across the Property and the Easement Area for the purpose of access to and use of the easementgranted herein.


Situated in the City ofLakewood, County ofCuyahoga and State ofOhio and known as being part ofOriginal Rockport Township Section No. 20. Property is farther described as land conveyed to the CityofLakewood in deed dated September 10, 1957 and recorded in Volume 1999, Page 159 ofCuyahogaCounty Deed Records. PPN# 315 -20 -003

The Easement Area is legally described as

See Exhibit "A'; attached hereto,


The Grantor represents and warrants to the Grantee that Grantor is the true and lawful owner of theProperty and has full right and power to grant and convey the rights conveyed herein.


P122



The Grantor agrees that, due to the exclusive nature of the grant herein conveyed, no other use of the

Easement Area shall be made by anyone, including Grantor, without the consent of the Grantee.

This Easement is binding upon and shall inure to the benefit of the heirs, successors, assigns, and licenseesofthe parties hereto.

C!! 7110091[ il

Signature)

Printed)

Title)

STATE OF OHIO )

SS


a1119MI83 :i

Signature)

Printed)

Title)

I, the undersigned, a Notary Public in and for said county in the state aforesaid, DO HEREBY CERTIFYTHAT , personally

known to be the person(s) whose name( s) is /are subscribed to the foregoing instrument, appeared before

me this day in person, and acknowledged that as signed, sealed and delivered the said instrument as theirfree and voluntary act, for uses and purposes therein set forth, including the release and wavier of the rightof homestead.


Notary Public

This document was drafted by the AT &T Legal Department, 225 W. Randolph Drive, Chicago, IL 60606. Return this document to: AT &T Attn: Terrance Little13630 Lorain Ave 4th Floor Cleveland, Ohio 44111

P123

EXHIBIT " A" TO AN EASEMENT DATED _________ — _

FROM

THE CITY OF LAKEWOOD

A MUNICIPAL CORPORATION)

TO

THE OHIO BELL TELEPHONE COMPANY

d / b / a AT &T OHIO, AN OHIO

CORPORATION

Prepared by.

RMK' LE

rtryn pn, Jl, apLrvvM1 • Mrt• ap

VTINDICATES EXISTING OBT EASEMENT;

21 AFN: 200703150083

INDICATES NEW 8' x 25'

GET EXCLUSIVE EASEMENT

FEBRUARY 15, 2017 NO SCALE

N89' 4TOO " E

Madison Avenue - 80'

R/ W .

N89' 49' 00 " E

3 i

N o . z 25. OD'

S89' 49' 00" W

VOLUME 1999, PAGE 159SIGNED: SEPTEMBER 10, 1957

RECORDED: SEPTEMBER 11, 1957PPN 315 - 20 - 003

RES $ 13029 MADISON AVEMADISON PARK"

120. 01'

SB9' 49' 00' Wn

P. P. O. B.

m

N

0N

a a

011r

2

4JLa.+ V]

Wa.+ NFizan

Situated in the City of Lakewood, County of Cuyahoga and State of Ohio and known as being part of Original RockportTownship Section No. 20.

Starting at the Intersection of the southerly line of Madison Avenue, 80. 00 feet wide, and the westerly line of HalsteadStreet, 50. 00 feet wide; thence South 89° 49' 00" West along the said southerly line of Madison Avenue, 120. 01 feet to a pointIn the easterly line of land conveyed to The City of Lakewood ( a Municipal Corporation) In deed dated September 10, 1957 andrecorded in Volume 1999, Page 159 of Cuyahoga County Deed Records, said point also being the northeast corner of an existngeasement granted to The Ohio Bell Telephone Company in deed dated March 15, 2007 and recorded by AFN: 200703150063 ofCuyahoga County Deed Records, thence South 00 49' 20" East along the easterly line of said land so conveyed and the easterlyline of said existing Ohio Bell easement, 30. 00 feet to a point in the southeast corner of said existng easement, said point alsobeing the Principal Place of Beginning of the easement herein Intended to be described;

thence South 0° 49' 20" East along the easterly line of said land so conveyed, 8. 00 feet; thence South 89° 49' 00" West, 25. 00 feet; thence North 0° 49' 20" West, 8. 00 feet to the southwest corner of said existing easement;

thence North 89° 49' 00" East along the southerly line of said existing easement, 25. 00 feet to the Principal Place ofBeginning and containing 0. 0045 acres of land as described on February 15, 2017 by R. M. Kole & Assoc. Corp., ProfessionalLand Surveyors.

AT & T Undertaking No. A00 VIFWL File No. 17035

R. M. ROLE& A550C. CORP. - 5316 RIDGE ROAD - PARMA, OHIO 44129 - 440. 885. 7137- www. kolesurvey cori

P124

PEE OF p

O RICHARD J. '. +

C 0: KOLEo-

o• 7889

GPS

N 41' 28.600

W81' 46.783'

VTINDICATES EXISTING OBT EASEMENT;

21 AFN: 200703150083

INDICATES NEW 8' x 25'

GET EXCLUSIVE EASEMENT

FEBRUARY 15, 2017 NO SCALE

N89' 4TOO " E

Madison Avenue - 80'

R/ W .

N89' 49' 00 " E

3 i

N o . z 25. OD'

S89' 49' 00" W

VOLUME 1999, PAGE 159SIGNED: SEPTEMBER 10, 1957RECORDED: SEPTEMBER 11, 1957

PPN 315 - 20 - 003

RES $ 13029 MADISON AVEMADISON PARK"

120. 01'

SB9' 49' 00' Wn

P. P. O. B.

m

N

0N

a a

011r

2

4JLa.+ V]

Wa.+ NFizan

Situated in the City of Lakewood, County of Cuyahoga and State of Ohio and known as being part of Original RockportTownship Section No. 20.

Starting at the Intersection of the southerly line of Madison Avenue, 80. 00 feet wide, and the westerly line of HalsteadStreet, 50. 00 feet wide; thence South 89° 49' 00" West along the said southerly line of Madison Avenue, 120. 01 feet to a point

In the easterly line of land conveyed to The City of Lakewood ( a Municipal Corporation) In deed dated September 10, 1957 andrecorded in Volume 1999, Page 159 of Cuyahoga County Deed Records, said point also being the northeast corner of an existngeasement granted to The Ohio Bell Telephone Company in deed dated March 15, 2007 and recorded by AFN: 200703150063 ofCuyahoga County Deed Records, thence South 00 49' 20" East along the easterly line of said land so conveyed and the easterly

line of said existing Ohio Bell easement, 30. 00 feet to a point in the southeast corner of said existng easement, said point alsobeing the Principal Place of Beginning of the easement herein Intended to be described;

thence South 0° 49' 20" East along the easterly line of said land so conveyed, 8. 00 feet; thence South 89° 49' 00" West, 25. 00 feet; thence North 0° 49' 20" West, 8. 00 feet to the southwest corner of said existing easement;

thence North 89° 49' 00" East along the southerly line of said existing easement, 25. 00 feet to the Principal Place ofBeginning and containing 0. 0045 acres of land as described on February 15, 2017 by R. M. Kole & Assoc. Corp., Professional

Land Surveyors.

AT & T Undertaking No. A00 VIFWL File No. 17035

R. M. ROLE& A550C. CORP. - 5316 RIDGE ROAD - PARMA, OHIO 44129 - 440. 885. 7137- www. kolesurvey cori

P124


For good and valuable considerations, receipt of which is hereby acknowledged, the undersigned City

of Lakewood, a municipal corporation (Grantor) hereby grants and conveys to The Ohio BellTelephone Company dba AT &T Ohio, an Ohio Corporation, and its affiliates and licensees, successors and assigns ( collectively " Grantees ") an exclusive easement in, under, over, upon and acrossthe Easement Area (described below), for the purposes of and in order to construct, reconstruct, modify, supplement, maintain, operate and /or remove facilities for the transmission of signals used in the provisionof communication, video and /or information services and /or any other services or uses for which suchfacilities may be used including, but not limited to, poles, guys, anchors, and messenger strand, equipmentcabinets or enclosures and support posts or pads, cables, wires, pedestals or other above - ground cable orwire enclosures, marker posts and signs, and other related or useful equipment, fixtures, appurtenancesand facilities, together with the right to have commercial electrical service extended across the EasementArea to provide service to such facilities and the right of ingress and egress across the Property and theEasement Area for the purpose of access to and use of the easement granted herein.


Situated in the City ofLakewood, County ofCuyahoga and State of Ohio and known as being part ofSublot No. I in the J.E. Tegardine Subdivision ofpart ofOriginal Rockport Township Section No. 22, as shown by the plat recorded in Volume 29, Page 19 of Cuyahoga County Map Records. P.P.N. 314 -04 -020

The Easement Area is legally described as:

See Exhibit "A'; attached hereto,


The Grantor represents and warrants to the Grantee that Grantor is the true and lawful owner of theProperty and has full right and power to grant and convey the rights conveyed herein.


P125



The Grantor agrees that, due to the exclusive nature of the grant herein conveyed, no other use of theEasement Area shall be made by anyone, including Grantor, without the consent of the Grantee.

This Easement is binding upon and shall inure to the benefit of the heirs, successors, assigns, and licenseesof the parties hereto.

GRANTOR:

Signature)

Printed)

Title)

STATE OF OHIO ) SS


GRANTOR:

Signature)

Printed)

Title)

I, the undersigned, a Notary Public in and for said county in the state aforesaid, DO HEREBY CERTIFYTHAT, , personally

known to be the person( s) whose name(s) is /are subscribed to the foregoing instrument, appeared beforeme this day in person, and acknowledged that as signed, sealed and delivered the said instrument as theirfree and voluntary act, for uses and purposes therein set forth, including the release and wavier of the rightof homestead.


Notary Public

This document was drafted by the AT &T Legal Department, 225 W. Randolph Drive, Chicago, IL 60606. Return this document to: AT &T Attn: Terrance Little13630 Lorain Ave 4' h Floor Cleveland, Ohio 44111

P126

EXHIBIT 'A" TO AN EASEMENT DATED

FROM F pCITYOFLAKEWOOD /\

TO - +: RICHARD J. .

THE OHIO BELL TELEPHONE COMPANY KoLE

o'• 7889 : - 0d /b/ a AT &T OHIO, AN OHIO - ° F RE °. , Z

rSTE tj-. CORPORATION ' p .

0. SJPrepared by. UPS

R.M. KOLE & ASSOC, CORP. N 4129.023'

JANUARY 17, 2017 SCALE

DETROIT ROAD 66'

TPOI. .

i

1

fiN

n Q

P.P.N. 314- 04 -OZO

p1YGl` LAA'ENrX.OYGYOME 14715 PAGE 363REL.` fORWRY 04, 1976 0 W

11455 NORE# ROM "

P.P.O.B.

69301227 sm'0'12"IY -

20.00 - 3ao7'

aQf : -- - - - --

2Q d9• h

5099012'W

2Situated in the City of Lakewood, county of Cuyahoga and State of Ohio and known as being part of Sublot No. 1 In the

J. E. Tegardine Subdivision of part of Original Rockport Township Section No. 22, as shown by the plat recorded in Volume29, Page 19 of Cuyahoga County Map Records, and Is described as follows:

Beginning at the intersdion of the centerline of Detroit Avenue ( 66 feet wide) and the centerline of Warren Road ( 72feetwide);

Thence South 03 022'00" West along the centerline of Warren Road, 511.31 feet to a point; Thence South 89030' 12" West, 30.07 feet to the westerly right of way of Warren Road and the Principal Place of

Beginning of the easement herein intended to be described; Thence South 03 °22'00" West along the westerly right of way of Warren Road, 10. 00 to a point; Thence South 89 °30112" West, 20.00 feet to a point;

Thence North 03 °22'00" East, 10.00 feet to a point;

Thence North 89 °30'12" East, 20.00 feet to the Principal Place of Beginning and containing about 200 square feetabout 0. 0046 acres) of land as described an January 17, 2017 by R. M. Kole & Assoc. Corp., Professional Land Surveyors.

AT &T UT AOOGKFL

File No. 17009

RM. KOLE & ASSOC CORP. - 5316 RIDGEROAD - PARMA, OHIO 44129 - 440.885,7137- www.kolesurveycom

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OF C Y A SCOTT K. GILMANFIRE CHIEF

Lakewood Fire Department • 14601 Madison Avenue • Lakewood, Ohio 44107

Fire Chief 216- 529 -6658 • Fire Marshal 216 - 529 -6660 - Fire Inspector 216 - 529 -6665 • Administrative Office 216 - 529 -6656Fax 216 - 226 -9963 • www.onelakewood. com

March 3, 2017

Lakewood City CouncilLakewood, Ohio

RE: Severe Weather Awareness Week

Dear Members of Council

Attached, please find a resolution for your consideration, proclaiming March 19th throughMarch 25th, 2017 as " Severe Weather Awareness Week ".

This is Lakewood' s opportunity to join in the statewide tornado drill and effort to test theEmergency Alert System and other components of emergency management. Inaddition, community awareness and planning for such threats, as tornadoes can resultin the saving of lives and the prevention of injury.

Thank you for your consideration.

Sincerely,

Scott K. Gilman

Fire Chief

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RESOLUTION NO.

Week."

A RESOLUTION proclaiming March 19'h through March 25 s' 2017 " Severe Weather Awareness

WHEREAS, every state in the United States has experienced tornadoes and severe weather; and

WHEREAS, last year was the most active year for disasters in recent history, with more than 1, 000weather related fatalities and 8, 000 injuries; and

WHEREAS, everyone is at risk and should take steps to prepare for when severe weather strikes in

our community; and

WHEREAS, planning for such threats as tornadoes and /or flooding can result in the saving of livesand prevention of injury, particularly in populations at schools, day cares, nursing homes and health carefacilities. Now Therefore,


Section 1. That the City of Lakewood proclaims March 19th through March 25' h 2017 as " SevereWeather Awareness Week".

Section 2. That Lakewood' s Outdoor Early Warning Siren will sound at 9: 50 a.m., on Wednesday, March 22, 2017, and that this exercise is specifically designed for local, municipal participation and fortesting of the Emergency Alert System and other appropriate components of emergency management.

Section3. That the Lakewood Division of Fire will observe tornado drills on March 22, 2017 in as

many schools as possible.

Section 4. It is found and determined that all formal actions of this Council concerning and relating

to the passage of this resolution were adopted in an open meeting of this council, and that all suchdeliberations of this Council and any of its committees that resulted in such formal action, were in meetingsopen to the public, in compliance with all legal requirements.

Adopted:

Approved:

President

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Clerk

Mayor

The Regular Meetings of Lakewood City Council shall be ...Mar 20, 2017 · 11 % mil Council at...

Documents

Transcript of The Regular Meetings of Lakewood City Council shall be ...Mar 20, 2017 · 11 % mil Council at...