City Council Docket Agenda 2/6/12
Monday, February 06, 2012 7:30 PM
DOCKET
OF A MEETING OF
THE LAKEWOOD CITY COUNCIL
TO BE HELD IN THE COUNCIL CHAMBERS
LAKEWOOD CITY HALL - 12650 DETROIT AVENUE
FEBRUARY 6, 2012
7:30 P.M.
The Regular Meetings of Lakewood City Council shall be held on the first and third Mondays of each month at 7:30 P.M., except that when such meeting date falls on a holiday such meeting shall instead be held on the following day. A Docket and Agenda of the business proposed to be transacted by Council will be available in the Clerk’s Office and on the City’s website http://onelakewood.com/ after noon on the Friday before a Council meeting.
Section 121.08 of the Codified Ordinances of the City of Lakewood establishes rules for the public to follow when speaking before Council:
ADDRESSING COUNCIL – The President may recognize any non-member for addressing Council on any question then pending. In such cases, the person recognized shall address the chair, state his or her name and address and the subject matter he or she desires to discuss. Speakers must be courteous in their language and avoid personalities. When addressed by the Chair, the speaker must yield the floor and comply with all rulings of the chair, said rulings not being open to debate. Except with permission of Council specifically given, speakers shall be limited to five minutes. No person who has had the floor shall again be recognized until all others desiring an opportunity to speak have been given an opportunity to do so.
AGENDA ITEMS PROTOCOL --A citizen must first write his or her name, address and agenda item number on the designated sign-in sheet in order to be recognized.
The Clerk at the beginning of the meeting will present the AGENDA ITEMS sign-in sheet to the President of Council. Speakers will address Council after being called by the Chair.
PUBLIC COMMENT PROTOCOL -- A citizen must write his or her name, address and topic on the designated sign-in sheet in order to be recognized. The clerk at the end of the meeting will present the PUBLIC COMMENT sign-in sheet to the President of Council. Public Comment will be welcomed at the end of the Council Meeting on miscellaneous issues or issues other than agenda items. The forum is not designed to be a question and answer session.
- Pledge of Allegiance
- Moment of Silence
- Roll Call
Reading and disposal of the Minutes of the Regular Meeting of Council held January 17, 2012. Reports, legislation and communications from Members of Council, the Mayor and other City Officials.
****OLD BUSINESS****
- Committee of the Whole Report regarding 2012 Council Appointments, Proposed Business Summit and Community Block Grant Fund Reductions. (To Be Provided)
- RESOLUTION NO. 8546-12 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council otherwise, it shall take effect and be in force after the earliest period allowed by law to appoint________________as an ex-officio Trustee of the Lakewood Hospital Association Board for a full two-year term, ending December 31, 2013. (REFERRED TO COMMITTEE OF THE WHOLE 1/17/12) (Pg. 11)
- RESOLUTION NO. 8547-12 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council otherwise, it shall take effect and be in force after the earliest period allowed by law to appoint________________as an ex-officio Trustee of the Lakewood Hospital Association Board for a full two-year term, ending December 31, 2013. (REFERRED TO COMMITTEE OF THE WHOLE 1/17/12) (Pg. 12)
- RESOLUTION NO. 8548-12 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council otherwise, it shall take effect and be in force after the earliest period allowed by law to appoint________________as a member of Community Reinvestment Area Housing Council for the three (3) year term beginning January 1, 2012 and ending December 31, 2014. (REFERRED TO COMMITTEE OF THE WHOLE 1/17/12) (Pg. 13)
- RESOLUTION NO. 8549-12 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council otherwise, it shall take effect and be in force after the earliest period allowed by law to appoint________________as a member of Community Reinvestment Area Housing Council for the three (3) year term beginning January 1, 2012 and ending December 31, 2014. (REFERRED TO COMMITTEE OF THE WHOLE 1/17/12) (Pg.14)
- RESOLUTION NO. 8550-12 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council otherwise, it shall take effect and be in force after the earliest period allowed by law to appoint________________as a member of the City of Lakewood Board of Nuisance Abatement Appeals for a three-year term, ending December 31, 2014. (REFERRED TO COMMITTEE OF THE WHOLE 1/17/12) (Pg. 15)
- Finance Committee Report regarding Amendments to 2012 Financial Ordinances. (To Be Provided)
- ORDINANCE NO. 1-12 – AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, to establish appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2012. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 1/17/12) (Pg. 16)
- ORDINANCE NO: 58-11A - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law amending Ordinance 58-11, adopted December 19, 2011 for the purpose of adding, deleting, and increasing contracting authority for the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to enter into contracts for professional services, and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies, services and equipment as authorized by the 2012 Appropriation Ordinance and the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 1/17/12) (Pg. 29)
- ORDINANCE NO. 60-11A - AN ORDINANCE to take effect immediately provided it received the affirmative vote of at least five (5) members of Council or otherwise, it shall take effect and be in force after the earliest period allowed by law, amending Ordinance No. 60-11 and authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Purchasing Manager to enter into contracts for Memberships as authorized by the 2012 Appropriation Ordinance and the Administrative Code of the City of Lakewood, contracts not to exceed $50,000 without separate Resolution of Council. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 1/17/12) (Pg. 36)
- ORDINANCE NO. 61-11A - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, to amend Ordinance 61-11 adopted December 19, 2011 to amend Chapter 915, Water Rates, of the Codified Ordinances of the City of Lakewood for the purpose of adjusting water rates charged against each lot, parcel of land or premises which may have an active water connection with the Municipal water system. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 1/17/12) (Pg. 42)
- ORDINANCE NO. 62-11A - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, amending Ordinance 62-11, adopted December 19, 2011 to amend section 902.04, Rates and Charges, of the Codified Ordinances of the City of Lakewood for the purpose of adjusting sewer rates charged against each lot, parcel of land or premises which may have an active sewer connection with the Municipal wastewater disposal system or which may otherwise discharge wastewater either directly or indirectly into such system or any part thereof. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 1/17/12) (Pg.45)
- Housing Committee Report regarding Ordinances Nos. 65, 66, 67, 68 –12 & Housing Strategy Update (To Be Provided)
- ORDINANCE NO. 65-11 – AN ORDINANCE amending Chapter 1301, Regional Dwelling House Code, to update its language and references to be consistent with the City of Lakewood’s state certification and current Ohio law. (PLACED ON 1ST READING & REFERRED TO THE HOUSING COMMITTEE 12/19/11, 2ND READING 1/3/12)) (Pg. 65)
- ORDINANCE NO. 66-11 – AN ORDINANCE amending Chapter 1302, Ohio Basic Building Code, to update its language and references to be consistent with the City of Lakewood’s state certification and current Ohio law. (PLACED ON 1ST READING & REFERRED TO THE HOUSING COMMITTEE 12/19/11, 2ND READING 1/3/12) (Pg.60)
- ORDINANCE NO. 67-11 – AN ORDINANCE repealing Chapter 1304, National Electrical Code, to be consistent with the City of Lakewood’s state certification and current Ohio law. (PLACED ON 1ST READING & REFERRED TO THE HOUSING COMMITTEE 12/19/11, 2ND READING 1/3/12) (Pg. 69)
- ORDINANCE NO. 68-11 – AN ORDINANCE repealing Chapter 1310, Residential Code for One, Two and Three Family Dwellings, to be consistent with the City of Lakewood’s state certification and current Ohio law. (PLACED ON 1ST READING & REFERRED TO THE HOUSING COMMITTEE 12/19/11, 2ND READING 1/3/12) (Pg. 71)
****NEW BUSINESS****
- Communication from Councilmember Powers regarding Proposed Amendment of Section 506.04 (Pg.79)
- ORDINANCE NO. 2-12 – AN ORDINANCE amending Section 506.04 of the Codified Ordinances, Exception, Registration and Fee, for the purpose of permitting temporary exceptions to the prohibition of pit bull dogs and canary dogs benefiting licenses veterinarians and animal hospitals and approved animal rescue organizations. (Pg.80)
- Communication from Council President Powers regarding Boards and Commissions Ad-hoc Committee (Pg.85)
- Communication from All Members of Council and Mayor Summers regarding Supporting Cuyahoga County Health & Human Services Renewal Levy March 6, 2012. (Pg.86)
- RESOLUTION NO. 8553-12 – A RESOLUTION supporting Issue 15, the Cuyahoga County Health & Human Services Renewal Levy 2012. (Pg.86A)
- Communication from Councilmember Nowlin regarding Re-Appointment of John Mitterholzer to the Citizens Advisory Committee. (Pg.87)
- Communication from Councilmembers Smith and Madigan regarding Prohibiting Smoking in Parks. (Pg.88)
- Communication from Mayor Summers regarding Appointment to Planning Commission. (Pg. 89)
- Communication from Mayor Summers regarding Appointments to Heritage Advisory Board and the Board of Nuisance Abatement Appeals. (Pg. 90)
- Communication from Mayor Summers regarding Appointment to the Board of Nuisance Abatement Appeals. (Pg.91)
- Communication from Mayor Summers regarding Appointment to the Board of Zoning Appeals. (Pg. 92)
- Communication from Mayor Summers regarding Appointment to the Board of Building Standards and Building Appeals. (Pg.93)
- Communication from Mayor Summers regarding Appointment to the Citizens Advisory Committee. (Pg.94)
- Communication from Mayor Summers regarding City and Schools Memorandum of Understanding for Shared and Reciprocal Use of Facilities. (Pg.95)
- RESOLUTION NO. 8554-12 - A RESOLUTION to take effect immediately provided it receives the vote of at least five (5) members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor to enter into an agreement with the Superintendent of Lakewood City Schools committing the City of Lakewood to a memorandum of understanding regarding the shared and reciprocal use of facilities. (Pg.96)
- Communication from Finance Director Pae regarding 2012 Capital Contracting Ordinances. (Pg.102)
- ORDINANCE NO. 3-12 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing 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 advertise for bids and enter into contracts with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood for the purchase of Street Signs and Traffic Signals, with contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg.103)
- ORDINANCE NO. 4-12 - AN ORDINANCE to take effect immediately provided it received the affirmative vote of at least five members of Council, otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing 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 engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Buildings & Facilities Improvements in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg. 105)
- ORDINANCE NO. 5-12 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing 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 engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for the Wastewater System Replacement Program in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg. 107)
- ORDINANCE NO. 6-12 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing 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 engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for C.D.B.G. Fund Infrastructure Improvements in accordance with the administrative code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg. 109)
- ORDINANCE NO. 7-12 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing 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 engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Signs & Traffic Signals in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg.111)
- ORDINANCE NO. 8-12 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing 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 engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Buildings & Facilities Improvements in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg.113)
- ORDINANCE NO. 9-12 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing 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 engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Sidewalk Improvements in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg.115)
- ORDINANCE NO. 10-12 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing 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 engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Street Infrastructure Improvements in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg.117)
- ORDINANCE NO. 11-12 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing 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 advertise for bids and enter into contracts with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood for the purchase of Vehicles, Machinery and Equipment in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg. 119)
- ORDINANCE NO. 12-12 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law authorizing and directing 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 engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for the Water System Replacement Program in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg. 121)
- Communication from Law Director Butler regarding Update of criminal theft ordinance following passage of 129 H.B. 86. (Pg.123)
- ORDINANCE NO. 13-12 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect at the earliest period allowed by law, amending Sections 517.05, Cheating, 525.02, Falsification, 541.02, Arson, 545.05, Petty Theft, 545.07, Insurance Fraud, 545.09, Passing Bad Checks, 545.10, Misuse of Credit Cards, 545.14, Tampering with Records, 545.15, Securing Writings by Deception, 545.18, Receiving Stolen Property, 545.20, Criminal Simulation, and 545.21, Taking the Identity of Another, of the Codified Ordinances of the City of Lakewood for the purpose of complying with newly enacted state code affecting the classification of misdemeanor theft-related offenses and providing additional protections to victims of receiving stolen property. (Pg.124)
- Communication from Law Director Butler regarding Update of water and sewer service collection ordinances. (Pg. 137)
- ORDINANCE NO. 14-12 – AN ORDINANCE to take effect immediately provided it received the affirmative vote of at least five (5) members of Council, or otherwise to take effect at the earliest period allowed by law, amending Sections 902.08, Nonpayment of Bills, 902.09, Shut-Off for Nonpayment, and 915.01, Establishment of Rates, of the Codified Ordinances of the City of Lakewood for the purpose of strengthening the procedure involving collection of municipal water and sewer utility bills. (Pg. 138)
- Communication from Planning & Development Director Siley regarding Sale Ordinance. (Pg.143)
- ORDINANCE NO. 15-12 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members elected to Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Director of Planning and Development to enter into an agreement with a licensed real estate broker to market for sale various parcels of real property, further described in Exhibit A, currently owned by the City of Lakewood, pursuant to Section 155.07 of the Codified Ordinances. (Pg.144)
- Communication from Public Works Director Beno regarding Parks closing times. (Pg.147)
- ORDINANCE NO. 16-12 – AN ORDINANCE amending Section 905.02, Hours Open to the Public, to allow the Director of Public Works to control park hours by season and events in an effort to curtail vandalism. (Pg.148)
- Communication from Public Works Director Beno regarding Nature Works Application. (Pg.150)
- RESOLUTION NO. 8555-12 - A RESOLUTION to take effect immediately provided 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 by law, authorizing the City of Lakewood to execute and file an application with the Ohio Department of Natural Resources for financial assistance through the NatureWorks Program. (Pg. 151)
- Communication from Fire Chief Gilman regarding Resolution authorizing an agreement with Cuyahoga County to receive funds from the FY2010 State Homeland Security Grant Program for the Community Emergency Response Team (CERT) (Pg.153)
- RESOLUTION NO. 8556-12 - A RESOLUTION to take effect immediately provided 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 by law, authorizing the City of Lakewood to enter into an agreement with Cuyahoga County to accept Homeland Security grant funds in the amount of $1,300 for the Community Emergency Response Team (CERT). (Pg. 154)
- Communication from Human Services Director Buckon regarding Resolution of Partnership with West Side Community House for Co-location of Tapestry System of Care Parent and Youth Advocates and Care Coordinators. (Pg.156)
- RESOLUTION NO. 8557-12 - A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five (5) members elected to Council, otherwise to take effect and be in force after the earliest possible period allowed by law to allow the Mayor, or his designee, on behalf of the City, to extend for a period of approximately three months the Agreement with The West Side Community House to co-locate Parent and Youth Advocates and a Tapestry System of Care (TSOC) Care Coordinator and receive reimbursement for costs associated with providing space for those positions in an amount currently estimated to be $4,500.00. (Pg.157)
- Communication from Human Services Director Buckon regarding Help to Others (H20) Summer Camp Fees. (Pg.159)
- RESOLUTION NO. 8558-12 – A RESOLUTION to take effect immediately provided 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 by law, establishing rates for each two-week session of the Help to Others (H2O) Summer Camp, a program of the Lakewood Department of Human Services/Division of Youth, effective June 1, 2012. (Pg.160)
- Communication from Human Services Director Buckon regarding Juvenile Diversion Program. (Pg.162)
- RESOLUTION NO. 8559-12 - A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Mayor, or his designee to enter into an Agreement with the Cuyahoga County Juvenile Court to accept funds in an amount estimated at $14,400.00 for the City’s Juvenile Diversion Program.(Pg.163)
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