The Observation Deck

DOCKET OF A MEETING OF THE LAKEWOOD CITY COUNCIL
TO BE HELD IN THE COUNCIL CHAMBERS LAKEWOOD CITY HALL
MARCH 18, 2013 - 7:30 P.M.



- Pledge of Allegiance

- Moment of Silence

- Roll Call

- Reading and disposal of the Minutes of the Regular Meeting of Council held March 4, 2013.

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

****OLD BUSINESS****

- Finance Committee Report regarding Ordinance Nos. 1-13, 2-13, 3-13, 4-13, 5-13 and 6 – 13. Chair; Madigan. (Pg.6)

- ORDINANCE NO. 1-13 - AN ORDINANCE TO TAKE EFFECT IMMEDIATELY PROVIDED IT RECEIVES THE AFFIRMATIVE VOTE OF AT LEAST FIVE MEMBERS OF COUNCIL, OTHERWISE IT SHALL TAKE EFFECT AND BE IN FORCE AFTER THE EARLIEST PERIOD ALLOWED BY LAW, PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN THE PRINCIPAL AMOUNT OF $3,948,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF VARIOUS IMPROVEMENTS, AND DECLARING AN EMERGENCY. (1ST READING 2/19/13, 2ND 3/4/13) (Pg. Eight)

- Fiscal Certificate - $3,948,000. (Pg.15)

- ORDINANCE NO. 2-13 - AN ORDINANCE TO TAKE EFFECT IMMEDIATELY PROVIDED IT RECEIVES THE AFFIRMATIVE VOTE OF AT LEAST FIVE MEMBERS OF COUNCIL, OTHERWISE IT SHALL TAKE EFFECT AND BE IN FORCE AFTER THE EARLIEST PERIOD ALLOWED BY LAW, PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,500,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, to pay costs of RESURFACING ARTHUR avenue, BLOSSOM PARK avenue, LEWIS drive, SUMMIT avenue, LAKELAND avenue, OLIVE avenue, MARLOWE avenue, COVE avenue and WOODWARD avenue, AND OTHER STREETS LOCATED WITHIN THE CITY, BETWEEN CERTAIN TERMINI, TOGETHER WITH ALL NECESSARY appurtenances THERETO, AND DECLARING AN EMERGENCY. (1ST READING 2/19/13, 2nd 3/4/13) (Pg. 16)

- Fiscal Certificate - $1,500,000. (Pg. 22)

- ORDINANCE NO. 3-13 - -AN ORDINANCE TO TAKE EFFECT IMMEDIATELY PROVIDED IT RECEIVES THE AFFIRMATIVE VOTE OF AT LEAST FIVE MEMBERS OF COUNCIL, OTHERWISE IT SHALL TAKE EFFECT AND BE IN FORCE AFTER THE EARLIEST PERIOD ALLOWED BY LAW, PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN A PRINCIPAL AMOUNT NOT TO EXCEED $150,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, to pay costs of RECONSTRUCTING MADISON AVENUE, BETWEEN CERTAIN TERMINI, TOGETHER WITH ALL NECESSARY appurtenances THERETO, AND DECLARING AN EMERGENCY. (1ST READING 2/19/13, 2ND 3/4/13) (Pg. 23)

- Fiscal Certificate - $150,000. (Pg.29)

- ORDINANCE NO. 4-13 - AN ORDINANCE TO TAKE EFFECT IMMEDIATELY PROVIDED IT RECEIVES THE AFFIRMATIVE VOTE OF AT LEAST FIVE MEMBERS OF COUNCIL, OTHERWISE IT SHALL TAKE EFFECT AND BE IN FORCE AFTER THE EARLIEST PERIOD ALLOWED BY LAW, PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN A PRINCIPAL AMOUNT NOT TO EXCEED $225,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, to pay costs of REPLACING A SALT STORAGE FACILITY, TOGETHER WITH ALL NECESSARY appurtenances THERETO, AND DECLARING AN EMERGENCY. (1ST READING 2/19/13, 2ND 3/4/13) (Pg. 30)

- Fiscal Certificate - $225,000. (Pg. 36)

- ORDINANCE NO. 5-13 - AN ORDINANCE TO TAKE EFFECT IMMEDIATELY PROVIDED IT RECEIVES THE AFFIRMATIVE VOTE OF AT LEAST FIVE MEMBERS OF COUNCIL, OTHERWISE IT SHALL TAKE EFFECT AND BE IN FORCE AFTER THE EARLIEST PERIOD ALLOWED BY LAW, PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN A PRINCIPAL AMOUNT NOT TO EXCEED $225,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, to pay costs of CONSTRUCTING A SHEET PILE BULKHEAD, DOCks and a PARKING AREA, TOGETHER WITH ALL NECESSARY appurtenances THERETO, AND DECLARING AN EMERGENCY. (1ST READING 2/19/13, 2ND 3/4/13) (Pg. 37)

- Fiscal Certificate - $225,000. (Pg. 43)

- ORDINANCE NO. 6-13 - AN ORDINANCE TO TAKE EFFECT IMMEDIATELY PROVIDED IT RECEIVES THE AFFIRMATIVE VOTE OF AT LEAST FIVE MEMBERS OF COUNCIL, OTHERWISE IT SHALL TAKE EFFECT AND BE IN FORCE AFTER THE EARLIEST PERIOD ALLOWED BY LAW, PROVIDING FOR THE ISSUANCE AND SALE OF NOTES IN A PRINCIPAL AMOUNT NOT TO EXCEED $400,000, IN ANTICIPATION OF THE ISSUANCE OF BONDS, to pay costs of improving parks, TOGETHER WITH ALL NECESSARY appurtenances THERETO, AND DECLARING AN EMERGENCY. (1st READING 2/19/13, 2ND 3/4/13) (Pg. 44)

- Fiscal Certificate - $400,000. (Pg. 50)


****NEW BUSINESS****

- Communication from Councilmember Bullock and Council President Powers regarding Arthur Avenue (Detroit to Hilliard) Lighting Project. (Pg. 51)

- RESOLUTION NO. 8642-13 - A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect at the earliest period allowed by law, declaring it necessary to improve Arthur Avenue (from Detroit Avenue to Hilliard Road) by replacing the existing street lighting system and installing decorative lighting fixtures and associated infrastructure including the necessary removal of existing utility poles and overhead wires and associated appurtenances and the installation of underground conduits, lampposts, lighting fixtures, electrical transmission devices and controls, together with the performance of any necessary tree lawn repair, and including all necessary appurtenances thereto. (Pg. 100)

- Public Safety Committee Report regarding Defining Quadricycle – Mr. Nowlin; Chair. (Pg. 103)

- ORDINANCE NO. 7-13 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, amending Section 301.04, Bicycle; Motorized Bicycle; Section 373.02, Riding upon Seats; Handle Bars; Helmets and Glasses; Section 373.04, Riding Bicycles and Motorcycles Abreast; Section 373.06, Lights and Reflector on Bicycle; Brakes; and Section 373.10, Riding on Sidewalk, of the Codified Ordinances of the City of Lakewood to define and regulate the operation of bicycles. (Pg. 104)

- Housing Committee Report regarding Housing Initiatives/programs– (Pg. 111)

- Communication from Councilmember Juris regarding Appointment of JT Neuffer to the Citizens Advisory Committee. (Pg.113)

- Communication from Councilmember Nowlin regarding Re-appointment of John Mitterholzer to the Citizens Advisory Committee. (Pg. 114)

- Communication from Mayor Summers regarding Mayoral appointment to the Audit Committee. (Pg. 115)

- Communication from Law Director Butler regarding Resolution ratifying one-year extension of collective bargaining agreements with the IAFF Local 382 (Lakewood Association of Firefighters) and the OPBA Corrections Officer Unit. (Pg. 116)

- RESOLUTION NO. 8643-13 - A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, ratifying and authorizing the Mayor of the City of Lakewood, Ohio, to enter into an Agreement with the Lakewood Association of Firefighters, IAFF Local 382, for a one-year period commencing upon the date of ratification and ending December 31, 2013. (Pg. 117)

- RESOLUTION NO. 8644-13 – A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, ratifying and authorizing the Mayor of the City of Lakewood, Ohio, to enter into an Agreement with the Ohio Patrolmen’s Benevolent Association Corrections Officer Unit for a one-year period commencing upon the date of ratification and ending December 31, 2013. (Pg.119)

- Communication from Planning and Development Director Siley regarding Clifton Pointe Phase II – Irish Cottage Parcels. (Pg.121)

- ORDINANCE NO. 8-13 - AN ORDINANCE to amend Section 1105.02 of the Zoning Code of the Codified Ordinances of the City of Lakewood by changing and revising the Zoning Map of the City with respect to certain property as set forth and described as 18828 Sloane Avenue (PP#’s 311-14-018, 311-14-019 and 311-14-102) also known as the Clifton Pointe Phase 2. (Pg. 122)

- Communication from Planning & Development Director Siley regarding proposed Amendment to Community Reinvestment Area #4. (Pg. 123)

- RESOLUTION NO. 8645-13 - A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, implementing Sections 3735.65 through 3735.70 of the Revised Code, establishing and describing the boundaries of a Community Reinvestment Area in the City of Lakewood. (Pg. 124)

- Liquor Permit transfers (C2, D1, D3, D3A, D6 and D8) to DAMIJU from Patrick Sullivan; 13368 Madison Avenue. (Pg. 130)

Did you know that a provision in the Lakewood City Charter can make you, as a homeowner, liable for decorative home or street improvements regardless of need or desire?

Here’s a scenario: You live on a street in Lakewood with perfectly serviceable street lights that are paid for and maintained by the city using the taxes collected for this purpose. A handful of your well-meaning neighbors decide they want decorative street lights to beautify the tree lawns. They are able to petition the residents and lobby council to pass an ordinance forcing all residents on the street to pay for the decorative lighting—in this case, approximately $1831 per household for 13-15 lights. Of course, you can spread the cost over 10 years as a non-deductible tax assessment—while paying additional interest (this amount is tied to the city’s bond rates and can change).

This is what is happening on a portion of Arthur Avenue (between Detroit and Hilliard). The program has not been made available to the entire street and, according to Ward Leader, Tom Bullock, will be an example for other streets to encourage home and street improvements financed by homeowners rather than the city.

You can find this provision in Section XVI, article 9 in the city charter. “No public improvement, the cost or part of cost of which is to be specially assessed on the owners of property, shall be made without the concurrence of three-fourths of the members of Council elected thereto, unless the owners of a majority of the foot frontage to be assessed petition in writing therefor in which event Council, a majority of the members elected thereto concurring, may proceed with the improvement in the manner provided herein.”

Laura - I'm afraid I was not able to attend City Council meeting Monday evening (a rarity!).

Can you update us on how things went down with regard to the Sloan Avenue street light issue? I'm guessing is was referred to one of Council's committees?

Peter Grossetti
Associate Editor for Community Engagement
The Lakewood Observer Project
216-299-8557