DOCKET OF A MEETING OF THE LAKEWOOD CITY COUNCIL TO BE HELD IN THE COUNCIL CHAMBERS LAKEWOOD CITY HALL - 12650 DETROIT AVENUE SEPTEMBER 17, 2018 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 www.onelakewood.com as soon after 4 PM on the Friday before a Council meeting as possible. 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: The Clerk at the beginning of the meeting will present the AGENDA ITEMS sign-in sheet to the President of Council. Speakers will be called to address Council by the Chair. 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. PUBLIC COMMENT PROTOCOL: 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 a Council Meeting on miscellaneous issues or 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 answer session. I. Pledge of Allegiance II. Moment of Silence III. Roll Call Reading & disposal of the Minutes of the Regular Meeting of Council held September 4, 2018. Reports, legislation and communications from Members of Council, the Mayor and other City Officials.
****OLD BUSINESS**** 1. Committee of the Whole Report Regarding meeting held 9/17/18; Mr. O Leary, Chair (to be provided) 2. RESOLUTION NO. 9017-18 A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Director of Finance, Mayor or Director of Planning and Development to sell certain obsolete equipment at the site of the former Lakewood Hospital (REFERRED TO COW 9/4/18) (pg. 1) 3. Finance Committee Report regarding meeting held 9/10/18; Mr. O Malley, Chair (to be provided) (pg. 4) 4. ORDINANCE NO. 37-18 AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the transfer and advance of certain funds. (REFERRED TO FINANCE COMMITTEE 7/16/18, 2 nd READING 9/4/18) 5. Housing Committee Report regarding meeting held 9/10/18; Mr. Anderson, Chair (to be provided) 6. ORDINANCE NO. 39-18 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, amending various sections of Chapter 1306, Property Maintenance and Safety Code, of the Codified Ordinances of the City of Lakewood in order to update the code so as to eliminate the threat of warrantless searches from the Code. (PLACED ON 1 ST READING AND REFERRED TO HOUSING 9/4/18) (pg. 6) 7. SUBSTITUTE ORDINANCE NO. 18-18 AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, amending Section 1306.43, Housing and Vacant Property License, and Section 1306.44, License Application Form and Fee, of the Codified Ordinances of the City of Lakewood in order to update the code with respect to the regulation of condominium associations and unit owners in the City. (REFERRED TO THE HOUSING COMMITTEE 2/5/18; SECOND READING 2/20/18; DEFERRED 6/18/18, 7/2/18) (pg. 12) 8. Public Works Committee Report regarding meeting held 9/10/18; Mr. Rader, Chair (to be provided) 9. RESOLUTION NO. 9018-18 A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor of
the City of Lakewood, or his designee, to prepare and submit an application to participate in the Ohio Public Works Commission State Capital Improvement Program, Local Transportation Improvement Program or any other appropriate Ohio Public Works Commission program that the 2020 Watermain Replacement Project qualifies for and to execute contracts as required. (REFERRED TO PUBLIC WORKS COMMITTEE 9/4/18) (pg. 21) 10. RESOLUTION NO. 9019-18 A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor of the City of Lakewood, or his designee, to prepare and submit an application to participate in the Ohio Public Works Commission State Capital Improvement Program, Local Transportation Improvement Program or any other appropriate Ohio Public Works Commission program that the Summit Outfall Replacement Project qualifies for and to execute contracts as required. (REFERRED TO PUBLIC WORKS COMMITTEE 9/4/18) (pg. 23) 11. ORDINANCE NO. 38-18 AN ORDINANCE repealing Section 149.16, Military Leave; Compensation, of the Codified Ordinances of the City of Lakewood and enacting a new section in its place to conform this section to Section 5923.05 of the Ohio Revised Code. (PLACED ON 1 ST READING AND REFERRED TO RULES & ORDINANCES 9/4/18) (pg. 25) 12. ORDINANCE NO. 40-18 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, to approve the editing and inclusion of certain ordinances as parts of the various component codes of the Codified Ordinances and to provide for the publication of such new matter. (PLACED ON 1 ST READING 9/4/18) (pg. 28) ****NEW BUSINESS**** 13. Communication from Council President O Leary regarding Resolution to appoint Maureen McHugh Bach as Clerk of Council. (to be provided) 14. RESOLUTION 9022-18 - A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, appointing Maureen McHugh Bach as Clerk of Council. (pg. 30) 15. Communication from Councilmember Bullock regarding appointments to the Citizens Advisory Committee. (pg. 32) 16. Communication from Councilmember O Malley regarding Council Budget Priorities Resolution. (to be provided)
17. RESOLUTION NO. 9020-18 - A RESOLUTION to formally identify agreed-upon priorities that Council would like to see reflected in the 2019 budget. (pg. 33) 18. Communication from Councilmember O Malley regarding ordinance to ban conversion therapy for the purpose of changing sexual orientation in minors. (pg. 36) 19. ORDINANCE NO. 41-18 - AN ORDINANCE amending Chapter 516, Discrimination Prohibited, of the Codified Ordinances of the City of Lakewood to prohibit any psychiatric treatment, including conversion therapy, which purpose is an attempt to change an individual s sexual orientation. (pg. 37) 20. Communication from Law Director Butler regarding Resolution approving purchase agreement for Trinity Lutheran Church Property. (pg. 40) 21. RESOLUTION NO. 9021-18 - A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Mayor and Director of Law to enter into a purchase agreement with The Trinity Lutheran Church aka Trinity Lutheran Church aka Lakewood English Evangelical Lutheran Church, an Ohio non-profit corporation, owner of the property located at 16300-16400 Detroit Avenue, Lakewood, Ohio (PPN 311-30-028, -029 and -030), and to execute all documents necessary to effectuate the purchase and sale according to the terms of that agreement. (pg. 41) 22. Communication from Public Works Director Beno regarding proposed AT&T easement. (pg. 56) 23. ORDINANCE NO. 42-18 - AN ORDINANCE authorizing the Mayor on behalf of the City of Lakewood to enter into an agreement necessary to grant an exclusive easement to The Ohio Bell Telephone Company, d/b/a AT&T Ohio, 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 15538 Madison Avenue, Lakewood, Ohio (313-27-010). (pg. 59) 24. Liquor Permit notice for Rozi s Wine House Inc., 14900 Detroit Ave. (pg. 63) 25. Liquor Permit transfer to Mad Macs, 13601-03-05 Detroit Ave. (pg. 64) 26. Liquor Permit notice for Sweet Spot, 17806 Detroit Ave. (pg. 65) 27. Liquor Permit notice for Sauced Pub & Pizzeria, 14701 Detroit Ave. (pg. 66) 28. Liquor Permit transfer to Sauced Pub & Pizzeria, 14701 Detroit Ave. (pg. 67)
Referred to COW 9/4/18 RESOLUTION NO. 9017-18 BY: A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Director of Finance, Mayor or Director of Planning and Development to sell certain obsolete equipment at the site of the former Lakewood Hospital. WHEREAS, after inspecting the former Lakewood Hospital site certain pieces of equipment were identified as having some unknown resale value; and WHEREAS, the Department of Planning and Development reached out to multiple entities in the marketplace for these types of equipment in order to assess their value and to obtain offers for the equipment; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that the sale of the obsolete equipment and removal of the equipment is necessary immediately in order to facilitate the abatement work and demolition of the former Lakewood Hospital structure; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Director of Finance, Mayor or Director of Planning and Development is hereby authorized to sell certain obsolete equipment identified in Exhibit A, and for no less than the prices identified in Exhibit A, attached hereto. Section 2. This resolution is specifically intended to supersede any general law with regard to the sale of obsolete equipment. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements. Section 4. 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 and defined in the preamble to this resolution, and provided it receives the affirmative vote of at least two thirds of the members of Council this Resolution shall take effect and be in force immediately, or otherwise it 001
shall take effect and be in force after the earliest period allowed by law. Adopted: PRESIDENT CLERK Approved: MAYOR 002
EXHIBIT A Obsolete Equipment Purchaser Price Generator Cat 1 Woodstock Power Company $135,500 Generator Cat 2 Woodstock Power Company $135,500 Generator Cat 3 Woodstock Power Company $135,500 Paralleling Control & Switchgear Woodstock Power Company $26,500 Medical Air Pump System Cleveland Clinic Foundation $20,000 Cooling Tower Filters Cleveland Clinic Foundation $2,000 003
Placed on first reading and referred to Finance Committee 7/16/18; Second reading 9/4/18; Recommended by Finance 9/10/18 ORDINANCE NO. 37-18 BY: AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the transfer and advance of certain funds. WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately after its adoption by Council and approval by the Mayor because the City must record all financial transactions within the appropriate fiscal period; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Director of Finance be and is hereby authorized to make the following transfers and advances: 2018 3rd Quarter Fund Transfers Out Transfers In 101 General Fund $ 246,982 Special Revenue Funds 250 Office on Aging IIIB $ 172,500 Internal Service Funds 600 Hospitalization $ 71,291 601 Workers' Compensation $ 3,191 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 $ 450,000 004
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 meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal 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 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 and defined in the preamble, and provided it receives the affirmative vote of at least two thirds of the members of Council, this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: President of Council Clerk of Council Approved: Mayor 005
Placed on first reading and referred to Housing 9/4/18 ORDINANCE NO. 39-18 BY: AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, amending various sections of Chapter 1306, Property Maintenance and Safety Code, and Section 1173.01, Certificate of Use and Occupancy Required, of the Codified Ordinances of the City of Lakewood in order to update the code so as to eliminate the threat of warrantless searches from the Code. WHEREAS, various provisions within Chapters 1306 and 1173 of the Code stand to be amended in order to clarify that the City will not penalize persons criminally or administratively for refusing to permit warrantless or non-emergency searches in the inspection of structures; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self-government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, because of the advent of litigation across Ohio on the subjects covered herein; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 1306.45, Issuance of License, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 1306.45 ISSUANCE OF LICENSE. The Building Commissioner shall issue the license applied for if the building and the uses to which it is intended to be put are found to comply in all respects with this Code and all other laws and ordinances. Such license shall be posted at the main entrance of the building for which it is issued. The Building Official may inspect and require compliance in all respects with this Code and all other laws or ordinances prior to the issuance of the Housing License. shall be repealed, and new Section 1306.45, Issuance of License, shall be enacted to read as follows: 1306.45 ISSUANCE OF LICENSE. 006
The Building Commissioner shall issue the license applied for if the building and the uses to which it is intended to be put are found to comply in all respects with this Code and all other laws and ordinances. Such license shall be posted at the main entrance of the building for which it is issued. The Building Official may inspect and require compliance in all respects with this Code and all other laws or ordinances prior to the issuance of the Housing License. Section 2. Section 1306.49, Inspection, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 1306.49 INSPECTION. (a) The Building Commissioner is hereby authorized to make or cause to be made inspections to determine the condition of dwellings, dwelling units, occupiable structures and premises located within the City in order that he may perform his duty of safeguarding the health and safety of the occupants of dwelling units and occupiable structures and of the general public and to determine whether they conform to the provisions of this Code. Such inspections may also be made whenever the Building Commissioner has reasonable cause to believe that a violation of this Code exists therein or thereon. (b) The Building Commissioner is authorized to revoke the housing license of any property to which the Building Commissioner is denied access to make an inspection. shall be repealed, and new Section 1306.49, Inspection, shall be enacted to read as follows: 1306.49 INSPECTION. (a) The Building Commissioner is hereby authorized to make or cause to be made inspections to determine the condition of dwellings, dwelling units, occupiable structures and premises located within the City in order that he may perform his duty of safeguarding the health and safety of the occupants of dwelling units and occupiable structures and of the general public and to determine whether they conform to the provisions of this Code. Such inspections may also be made whenever the Building Commissioner has reasonable cause to believe that a violation of this Code exists therein or thereon. (b) The Building Commissioner is authorized to revoke the housing license of any property to which the Building Commissioner is denied access to make an inspection. Section 3. Section 1306.50, Right of Entry, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 1306.50 RIGHT OF ENTRY. (a) For the purpose of making such inspections, the Building Commissioner, upon presentation of proper credentials is authorized to enter, examine and survey at all reasonable times all dwelling, dwelling units, rooming units, occupiable structures, structures and premises provided for in this Code. The owner and occupant of every such dwelling, dwelling unit, rooming unit, occupiable structure and premises and the person in charge thereof shall give such official free access to such dwelling, dwelling unit, rooming unit, occupiable structure and premises at all reasonable times for the purpose of such inspection, examination and survey. (b) Every occupant of a dwelling, dwelling unit or occupiable structure shall give the owner thereof or his agents and employees access to any part of such dwelling, dwelling unit, occupiable structure or their premises at all reasonable 2 007
times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Code. (c) Except in emergency situations, no penalty under the penalty provisions of this Code shall apply against any owner who refuses the right of entry hereunder until a search warrant is obtained. shall be repealed, and new Section 1306.50, Right of Entry; Warrants, shall be enacted to read as follows: 1306.50 RIGHT OF ENTRY; WARRANTS. (a) For the purpose of making such any inspections required or permitted under this Chapter, the Building Commissioner, upon presentation of proper credentials is authorized to enter, examine and survey at all reasonable times all dwelling, dwelling units, rooming units, occupiable structures, structures and premises provided for in this Code. The owner and occupant of every such dwelling, dwelling unit, rooming unit, occupiable structure and premises and the person in charge thereof shall give such official free access to such dwelling, dwelling unit, rooming unit, occupiable structure and premises at all reasonable times for the purpose of such inspection, examination and survey. (b) Every occupant of a dwelling, dwelling unit or occupiable structure shall give the owner thereof or his agents and employees access to any part of such dwelling, dwelling unit, occupiable structure or their premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Code. (c) (1) Except as may be permitted by law in exigent or emergency situations, no penalty under the penalty provisions of this Code, or adverse administrative action permitted under this Code, shall apply or be made against any owner or other party who refuses the right of entry granted to the Building Commissioner hereunder until a search warrant is obtained. (2) If the owner or occupant does not consent to the proposed inspection, the Building Commissioner may appear before any judge in a court of competent jurisdiction and seek an administrative search warrant to allow an inspection. Any such application shall be made within ten (10) calendar days after the nonconsent. The application for the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination whether there are violations of the code provisions identified in this Code. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued: A. eyewitness account of violation; B. citizen complaints; C. tenant complaints; D. plain view violations; E. violations apparent from city records; F. property deterioration; G. age of property; H. nature of alleged violation; I. condition of similar properties in the area; J. documented violations on similar properties in the area; K. passage of time since last inspection; and L. previous violations on the property. (d) If a warrant is issued, no owner or occupant shall fail or neglect, upon presentation of a warrant, to properly permit entry therein by the Building Commissioner for the purpose of conducting a inspection and examination pursuant to this section and consistent with the terms of the warrant. If the court de- 3 008
clines to issue a warrant, or if no warrant is sought, the inspection may still take place but the scope thereof shall be limited to such areas as are in plain view. Section 4. Section 1306.53, Furnishing Certificate to Purchaser of Multiple Dwellings/Certificate to Purchaser of One or More Rental Units, of the Codified Ordinances of the City of Lakewood, currently reading as follows: shall be repealed. 1306.53 FURNISHING CERTIFICATE TO PURCHASER OF MULTI- PLE DWELLINGS/CERTIFICATE TO PURCHASER OF ONE OR MORE RENTAL UNITS. (a) Whoever sells, conveys, leases or otherwise transfer an interest in real property, which has situated thereon a rental dwelling structure, shall secure a Certificate of Occupancy from the Building Commissioner and shall furnish said Certificate to the purchaser, lessee or transferee prior to the execution of the land contract or the delivery of the deed, lease or conveyance. Whoever sells, conveys, or otherwise transfers an interest in any structure, which has situated thereon any rental dwelling unit or dwelling unit that has been rented or leased to any person within the 24 months preceding the conveyance or transfer, shall secure a Certificate of Occupancy from the Building Commissioner and shall furnish said Certificate to the purchaser or transferee prior to the recording of the land contract or the delivery of the deed or conveyance, whichever shall first occur. (b) This section shall have no application to lawful one and two family structures or condominium units occupied by the owner as the owner s principal residence at the time of the conveyance or transfer and for the 24 months preceding the conveyance or transfer. (c) Whoever fails to comply with the provisions of this Section shall be guilty of a misdemeanor of the first degree. Section 5. Section 1306.54, Duties of Escrow Agent, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 1306.54 DUTIES OF ESCROW AGENT. No person, firm or corporation acting in the capacity of an escrow agent in any real estate transaction involving the sale of any rental dwelling structure or dwellings requiring a housing license pursuant to Section 1306.43 shall transfer title or distribute funds until there has been deposited in escrow an acknowledgment from the buyer of the receipt of a copy of the Certificate of Occupancy required by Section 1306.53, housing license required by Section 1306.43, and the provisions of Section 1306.53 have been complied with. Whoever fails to comply with the provisions of this Section shall be deemed guilty of a misdemeanor of the fourth degree. (a) For the purpose of making such inspections, the Building Commissioner, upon presentation of proper credentials is authorized to enter, examine and survey at all reasonable times all dwelling, dwelling units, rooming units, occupiable structures, structures and premises provided for in this Code. The owner and occupant of every such dwelling, dwelling unit, rooming unit, occupiable structure and premises and the person in charge thereof shall give such official free access to such dwelling, dwelling unit, rooming unit, occupiable structure and premises at all reasonable times for the purpose of such inspection, examination and survey. 4 009
shall be repealed. Section 6. Section 1173.01, Certificate of Use and Occupancy Required, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 1173.01 CERTIFICATE OF USE AND OCCUPANCY REQUIRED. A certificate of use and occupancy shall be obtained from the Commissioner for any of the following: (a) Use and occupancy of a building hereafter erected or structurally altered. (b) A change in use of an existing building to a use of a different district classification under this Code. (c) Use and occupancy of vacant land or change in use of land. (d) Any change in the use of a non-conforming use. (e) Any change of tenants of a retail unit. (f) Any change in the ownership of a non-owner occupied single- or twofamily dwelling. (g) Any change in the ownership of any three-family or multi-family dwelling. No such occupancy, use or change of use shall take place until a Certificate of Use and Occupancy has been issued by the Commissioner. shall be repealed, and new Section 1173.01, Certificate of Use and Occupancy Required, shall be enacted to read as follows: 1173.01 CERTIFICATE OF USE AND OCCUPANCY REQUIRED. A certificate of use and occupancy shall be obtained from the Commissioner for any of the following: (a) Use and occupancy of a building hereafter erected or structurally altered. (b) A change in use of an existing building to a use of a different district classification under this Code. (c) Use and occupancy of vacant land or change in use of land. (d) Any change in the use of a non-conforming use. (e) Any change of tenants of a retail unit. (f) Any change in the ownership of a non-owner occupied single- or twofamily dwelling. (g) Any change in the ownership of any three-family or multi-family dwelling. No such occupancy, use or change of use shall take place until a Certificate of Use and Occupancy has been issued by the Commissioner. Section 7. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were passed in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements. Section 8. This ordinance 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 and defined in its preamble, and provided it receives the affirmative vote of at least two thirds of the members of Council this ordinance shall take effect and be in force on January 1, 2019, or otherwise it shall take effect and be in force after the earliest period allowed by law. 5 010
Adopted: President of Council Clerk of Council Approved: Mayor 6 011
Placed on first reading and referred to Housing Committee 2/5/18, second reading 2/20/18, deferred 6/18/18, 7/2/18. Recommended for adoption 9/10/18. Please substitute for the original. ORDINANCE NO. 18-18 BY: AN ORDINANCE to take effect on January 1, 2019, provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, amending Sections 1306.43, Housing and Vacant Property cense, and Section 1306.44, License Application Form and Fee, Section 1306.45, Issuance of License, and Section 1306.47, License Expiration, of the Codified Ordinances of the City of Lakewood in order to update the code with respect to the regulation of condominium associations and unit owners and other housing license requirements in the City. WHEREAS, various provisions within Chapter 1306 of the Code stand to be amended in order to update the code with respect to the regulation of condominium associations and unit owners and other housing license requirements in the City; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self-government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect on January 1, 2019, because of the timing of the licensure applications granted herein; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 1306.43, Housing and Vacant Property License, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 1306.43 HOUSING AND VACANT PROPERTY LICENSE. (a) Application. This section applies to: (1) Any structure or portion of any structure in which there are one or more rental dwelling units or in which a rooming house is operated, whether occupied or not; (2) Condominium property as defined in Ohio R.C. Chapter 5311, whether occupied or not, in which case the owner of the condominium property or the unit owners association shall be required to obtain the housing license as provided herein; and (3) Vacant dwelling structures or commercial structures, whether rental property or not. 012
(b) Limitations. This section does not apply to lawful one- and two-family structures occupied in part or wholly by the owner as the owner's principal residence. (c) In General. (1) No person shall rent or cause to be rented a dwelling unit or a portion of a dwelling unit to another unless the person has been issued a housing license as provided for in this section. (2) No owner of a structure shall maintain or cause to be maintained the structure in a vacant or abandoned status as defined in Section 1306.72 without having been issued a vacant property license as provided for in this section. (3) No person in control of a property other than an owner, including but not limited to a mortgagee, property holding company, property manager or lienholder, shall maintain the property in a vacant or abandoned status as defined in Section 1306.72 without having been issued a vacant property license as provided for in this section. (d) Required Licenses. (1) A housing license is required for each dwelling unit in a structure. (2) A vacant property license is required for each vacant residential or commercial structure. (3) The Building Commissioner or his or her designee (as used in this section, Building Commissioner ) shall determine at his or her sole discretion the number of dwelling or commercial units existing within a structure. (e) Issuance. The Building Commissioner shall issue the applicable license to each applicant meeting the requirements of this chapter. (f) Scope. A license authorizes a licensee to rent a dwelling unit or a portion of a dwelling unit or permits a property to be maintained in a vacant status. shall be repealed, and new Section 1306.43, Housing and Vacant Property License, shall be enacted to read as follows: 1306.43 HOUSING AND VACANT PROPERTY LICENSE. (a) Application. This section applies to: (1) Any structure or portion of any structure, including condominium property, in which there are one or more rental dwelling units or in which a rooming house is operated, whether occupied or not; and (2) Condominium property as defined in Ohio R.C. Chapter 5311, whether occupied or not, in which case the owner of the condominium property or the unit owners association shall be required to obtain the housing license as provided herein; and (32) Vacant dwelling structures or commercial structures, whether rental property or not. (b) Limitations. This section does not apply to lawful one- and two-family structures occupied in part or wholly by the owner as the owner's principal residence. (c) In General. (1) No person shall rent or cause to be rented a dwelling unit or a portion of a dwelling unit to another unless the person has been issued a housing license as provided for in this section. (2) No owner of a structure shall maintain or cause to be maintained the structure in a vacant or abandoned status as defined in Section 1306.72 without having been issued a vacant property license as provided for in this section. (3) No person in control of a property other than an owner, including but not limited to a mortgagee, property holding company, property manager or lienholder, shall maintain the property in a vacant or abandoned status as de- 2 013
fined in Section 1306.72 without having been issued a vacant property license as provided for in this section. (d) Required Licenses. (1) A housing license is required for each dwelling unit in a structure. (2) A vacant property license is required for each vacant residential or commercial structure. (3) The Building Commissioner or his or her designee (as used in this section, Building Commissioner ) shall determine at his or her sole discretion the number of dwelling or commercial units existing within a structure. (e) Issuance. The Building Commissioner shall issue the applicable license to each applicant meeting the requirements of this chapter. (f) Scope. A license authorizes a licensee to rent a dwelling unit or a portion of a dwelling unit or permits a property to be maintained in a vacant status. Section 2. Section 1306.44, License Application Form and Fee, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 1306.44 LICENSE APPLICATION FORM AND FEE. (a) In General. An applicant for a housing or vacant property license shall: (1) Submit to the Building Commissioner or his or her designee (as used in this section, "Building Commissioner") an application on a form prescribed by the Building Commissioner; and (2) Except as provided for in division (a)(3) of this section, in the case of an application for a housing license, certify that the applicant or an agent of the applicant has complied with at least two of the following requirements if the applicant has not had a housing license declared null and void pursuant to Section 1306.48: A. That the applicant uses a written rental agreement as defined in Section 5321.01(D) of the Ohio Revised Code; or B. That the applicant uses a reputable tenant screening agency for criminal and eviction background checks; or C. That the applicant or agent of the applicant has within the past two years attended a landlord-tenant informational seminar approved by the Building Commissioner; and (3) In the case of an application for a housing license, if the applicant has had a housing license declared null and void pursuant to Section 1306.48 in the previous two years, certify that the applicant or an agent of the applicant has complied with all three of the requirements in Section 1306.44(a)(2) and demonstrate compliance with all outstanding citations or correction notices issued pursuant to Chapter 1306 and with any outstanding fines or assessments issued pursuant to Chapter 510; and (4) In the case of an application for a vacant property license, a copy of the declarations page for at least one policy of liability insurance covering the property and acknowledging that the property is vacant; and the combination to a Knox Box system or such other rapid-entry system of comparable quality authorized by the Chief of Fire containing keys necessary to aid the Division of Fire in obtaining access to the structure when responding to calls for an emergency service; and (5) Pay to the Building Commissioner the application fee established by this section. (b) Required Application Information. In addition to any other information required on an application form, the application form shall require: (1) The applicant's name and the address of the applicant's principal place of business; and 3 014
(2) A description of the dwelling structure and the structure's address, including unit numbers; and (3) The name and address of the property manager, resident agent or trustee, when applicable; and (4) The name and address of an adult individual who is a resident of Ohio and is designated as the applicant's agent for receiving service of process, notices or any other papers from the City; and (5) The type of structure as certified by the City, including the number of stories, in which the dwelling unit is located; and (6) In the case of a housing license, the full names of all adult tenants and the number of minor tenants living in the residential unit as of the date the application is tendered to the City and, if applicable, the dwelling unit numbers in which the tenants reside; and (7) The year the dwelling in which the dwelling unit is located was constructed; and (8) The type and number of smoke detectors in the dwelling unit; and (9) The type of heating system in the dwelling unit; and (10) The type of hot water heating system in the dwelling unit; and (11) The name and telephone number of the person or entity responsible for sidewalk snow removal, grass cutting, and the removal of garbage containers from the tree lawn; and (12) A statement by the applicant certifying, for each dwelling unit in the structure, that the applicant has personally witnessed within the 12-month period immediately preceding the date of the application that: A. Smoke and carbon monoxide detectors are present and operational pursuant to Chapter 1331; and B. No visible electrical or other hazards are present; and C. In the case of a housing license, there is hot and cold running water in the kitchen and each bathroom with no leaks below the sink area and all toilets flush; or in the case of a vacant property license, the plumbing has been winterized to prevent the freezing of pipes; and D. In the case of a housing license, the heating system is operational; and E. Railings are present on interior and exterior stairs as required by applicable code; and F. No readily observable conditions exist that represent a threat to the health and safety of an occupant. (13) In the case of a vacant property license, a statement by the applicant that all utilities to the structure have been disconnected, including electric service, which shall be disconnected at the utility pole, unless the applicant states that the structure is being actively marketed for sale. (c) The issuance of a housing or vacant property license upon the satisfaction of the conditions in this section shall not in any way be construed as City approval or determination as to the condition or livability of the unit or structure. (d) Fee Requirements. (1) The housing license fee shall be as follows: A. Owner-occupied condominium units: $2.00. B. Non-owner-occupied condominium units: $6.00. C. Rooming house containing two or more tenants: $60.00 per rooming unit. D. Non-owner-occupied one- or two-family structures: $75.00 per dwelling unit. E. Three-family dwellings: $60.00 per non-owner-occupied unit. F. All other occupied structures: $45.00 per dwelling unit. (2) There shall be a limit of $2,000.00 for a condominium and $3,500.00 for any other occupied structure. (3) The vacant property license fee shall be as follows: A. Vacant housing structures: $200.00 per structure. 4 015
B. Vacant commercial or mixed-use building: $200.00 per structure. (e) Change of Information. The applicant shall inform the Building Commissioner in writing of any change in the information provided under subsection (b) of this section not more than 30 days after the change is made. (f) Corporations and Limited Liability Companies. If the applicant is a corporation or a limited liability company, an officer of the corporation or managing member of the limited liability company shall provide the information required under subsections (a) and (b) of this section. (g) Other Business Entities. If the applicant is an association or partnership, a member or partner shall provide the information required under subsections (a) and (b) of this section. shall be repealed, and new Section 1306.44, License Application Form and Fee, shall be enacted to read as follows: 1306.44 LICENSE APPLICATION FORM AND FEE. (a) In General. An applicant for a housing or vacant property license shall: (1) Submit to the Building Commissioner or his or her designee (as used in this section, "Building Commissioner") an application on a form prescribed by the Building Commissioner; and (2) Except as provided for in division (a)(3) of this section, in the case of an application for a housing license, certify that the applicant or an agent of the applicant has complied with at least two of the following requirements if the applicant has not had a housing license declared null and void pursuant to Section 1306.48: A. That the applicant uses a written rental agreement as defined in Section 5321.01(D) of the Ohio Revised Code; or B. That the applicant uses a reputable tenant screening agency for criminal and eviction background checks; or C. That the applicant or agent of the applicant has within the past two years attended a landlord-tenant informational seminar approved by the Building Commissioner; and (3) In the case of an application for a housing license, if the applicant has had a housing license declared null and void pursuant to Section 1306.48 in the previous two years, certify that the applicant or an agent of the applicant has complied with all three of the requirements in Section 1306.44(a)(2) and demonstrate compliance with all outstanding citations or correction notices issued pursuant to Chapter 1306 and with any outstanding fines or assessments issued pursuant to Chapter 510; and (4) In the case of an application for a vacant property license, a copy of the declarations page for at least one policy of liability insurance covering the property and acknowledging that the property is vacant; and the combination to a Knox Box system or such other rapid-entry system of comparable quality authorized by the Chief of Fire containing keys necessary to aid the Division of Fire in obtaining access to the structure when responding to calls for an emergency service; and (5) Pay to the Building Commissioner the application fee established by this section. (b) Required Application Information. In addition to any other information required on an application form, the application form shall require: (1) The applicant's name and the address of the applicant's principal place of business; and (2) A description of the dwelling structure and the structure's address, including unit numbers; and 5 016
(3) The name and address of the property manager, resident agent or trustee, when applicable; and (4) The name and address of an adult individual who is a resident of Ohio and is designated as the applicant's agent for receiving service of process, notices or any other papers from the City; and (5) The type of structure as certified by the City, including the number of stories, in which the dwelling unit is located; and (65) In the case of a housing license, the full names of all adult tenants and the number of minor tenants living in the residential unit as of the date the application is tendered to the City and, if applicable, the dwelling unit numbers in which the tenants reside; and (7) The year the dwelling in which the dwelling unit is located was constructed; and (8) The type and number of smoke detectors in the dwelling unit; and (9) The type of heating system in the dwelling unit; and (10) The type of hot water heating system in the dwelling unit; and (116) The name and telephone number of the person or entity responsible for sidewalk snow removal, grass cutting, and the removal of garbage containers from the tree lawn; and (127) A statement by the applicant certifying, for each dwelling unit in the structure, that the applicant has personally witnessed within the 12-month period immediately preceding the date of the application that: A. Smoke and carbon monoxide detectors are present and operational pursuant to Chapter 1331; and B. No visible electrical or other hazards are present; and C. In the case of a housing license, there is hot and cold running water in the kitchen and each bathroom with no leaks below the sink area and all toilets flush; or in the case of a vacant property license, the plumbing has been winterized to prevent the freezing of pipes; and D. In the case of a housing license, the heating system is operational; and E. Railings are present on interior and exterior stairs as required by applicable code; and F. No readily observable conditions exist that represent a threat to the health and safety of an occupant. (138) In the case of a vacant property license, a statement by the applicant that all utilities to the structure have been disconnected, including electric service, which shall be disconnected at the utility pole, unless the applicant states that the structure is being actively marketed for sale. (c) The issuance of a housing or vacant property license upon the satisfaction of the conditions in this section shall not in any way be construed as City approval or determination as to the condition or livability of the unit or structure. (d) Fee Requirements. (1) The housing license fee shall be as follows: A. Owner-occupied cnon-owner-occupied condominium units: $245.00 per unit. B. Non-owner-occupied condominium units: $6.00. CB. Rooming house containing two or more tenants: $60.00 per rooming unit. DC. Non-owner-occupied one- or two-family structures: $75.00 per dwelling unit. ED. Three-family dwellings: $60.00 per non-owner-occupied unit. FE. All other occupied structures: $45.00 per dwelling unit. (2) There shall be a limit of $2,000.00 for a condominium and $3,500.00 for any other occupied structure for which a single license has been issued. (3) The vacant property license fee shall be as follows: A. Vacant housing structures: $200.00 per structure. B. Vacant commercial or mixed-use building: $200.00 per structure. 6 017
(e) Change of Information. The applicant shall inform the Building Commissioner in writing of any change in the information provided under subsection (b) of this section not more than 30 days after the change is made. (f) Corporations and Limited Liability Companies. If the applicant is a corporation or a limited liability company, an officer of the corporation or managing member of the limited liability company shall provide the information required under subsections (a) and (b) of this section. (g) Other Business Entities. If the applicant is an association or partnership, a member or partner shall provide the information required under subsections (a) and (b) of this section. Section 3. Section 1306.45, Issuance of License, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 1306.45 ISSUANCE OF LICENSE. The Building Commissioner shall issue the license applied for if the building and the uses to which it is intended to be put are found to comply in all respects with this Code and all other laws and ordinances. Such license shall be posted at the main entrance of the building for which it is issued. The Building Official may inspect and require compliance in all respects with this Code and all other laws or ordinances prior to the issuance of the Housing License. shall be repealed, and new Section 1306.45, Issuance of License, shall be enacted to read as follows: 1306.45 ISSUANCE OF LICENSE. The Building Commissioner shall issue the license applied for if the building and the uses to which it is intended to be put are found to comply in all respects with this Code and all other laws and ordinances. Such license shall be posted at the main entrance of the building for which it is issued. The Building Official may inspect and require compliance in all respects with this Code and all other laws or ordinances prior to the issuance of the Housing License. Section 4. Section 1306.47, License Expiration, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 1306.47 LICENSE EXPIRATION. (a) Term. Every housing or vacant property license shall be secured by and expire not later than the following: (1) Single- and two-family units: secured by July 1, expiring on June 30 the following calendar year regardless of the date of issuance. (2) Three-family, multiple-family, condominium, rooming units or commercial structures: secured by January 1, expiring December 31 the same calendar year regardless of the date of issuance. (b) Application for Renewal. Before a housing or vacant license expires, the licensee may renew it for an additional one-year term if: (1) The licensee otherwise is entitled to be licensed; (2) The licensee submits a renewal application on a form pre-scribed by the Building Commissioner or his or her designee (as used in this section, "Building Commissioner"); (3) The licensee pays to the Building Commissioner the fee established by Section 1306.44(d); (4) The property is not subject to any outstanding fines or assessments issued pursuant to Chapter 510. 7 018
(c) Issuance of Renewal. The Building Commissioner shall renew the license of each licensee that meets the requirements of this section. (d) Notification of Change of Ownership. Within 15 days after a change in ownership or ownership status of the dwelling unit, the new property owner or agent shall notify the Building Commissioner of the change in ownership. (e) Transfer. Any license issued or renewed under this chapter is nontransferable and immediately becomes void whenever the interest of the licensee in the structure for which the license was issued shall cease, or when such building shall have undergone a change of principal use. When the property for which a license is required is sold, the new owner shall secure such license within 15 days after acceptance of title. A license favoring the licensee's legal representative and heirs at law shall be valid for 30 days from the date of the licensee's death, except that if the licensee's death occurs within 30 days of the end of the calendar year during which it was issued, the license shall expire at the end of the calendar year. shall be repealed, and new Section 1306.47, License Expiration, shall be enacted to read as follows: 1306.47 LICENSE EXPIRATION. (a) Term. Every housing or vacant property license shall be secured by November 1 of each year and expire not later than October 31 the following year.: (1) Single- and two-family units: secured by July 1, expiring on June 30 the following calendar year regardless of the date of issuance. (2) Three-family, multiple-family, condominium, rooming units or commercial structures: secured by January 1, expiring December 31 the same calendar year regardless of the date of issuance. (b) Application for Renewal. Before a housing or vacant license expires, the licensee may renew it for an additional one-year term if: (1) The licensee otherwise is entitled to be licensed; (2) The licensee submits a renewal application on a form pre-scribed by the Building Commissioner or his or her designee (as used in this section, "Building Commissioner"); (3) The licensee pays to the Building Commissioner the fee established by Section 1306.44(d); (4) The property is not subject to any outstanding fines or assessments issued pursuant to Chapter 510. (c) Issuance of Renewal. The Building Commissioner shall renew the license of each licensee that meets the requirements of this section. (d) Notification of Change of Ownership. Within 15 days after a change in ownership or ownership status of the dwelling unit, the new property owner or agent shall notify the Building Commissioner of the change in ownership. (e) Transfer. Any license issued or renewed under this chapter is nontransferable and immediately becomes void whenever the interest of the licensee in the structure for which the license was issued shall cease, or when such building shall have undergone a change of principal use. When the property for which a license is required is sold, the new owner shall secure such license within 15 days after acceptance of title. A license favoring the licensee's legal representative and heirs at law shall be valid for 30 days from the date of the licensee's death, except that if the licensee's death occurs within 30 days of the end of the calendar year during which it was issued, the license shall expire at the end of the calendar year. Section 5. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were passed in an open meeting of this Council and 8 019
that all deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements. Section 6. This ordinance 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 and defined in its preamble, and provided it receives the affirmative vote of at least two thirds of the members of Council this ordinance shall take effect and be in force on January 1, 2019, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: President of Council Clerk of Council Approved: Mayor 9 020
Referred to Public Works Committee 9/4/18 RESOLUTION NO. 9018-18 BY: A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor of the City of Lakewood, or his designee, to prepare and submit an application to participate in the Ohio Public Works Commission State Capital Improvement Program, Local Transportation Improvement Program or any other appropriate Ohio Public Works Commission program that the 2020 Watermain Replacement Project qualifies for and to execute contracts as required. WHEREAS, both the State Capital Improvement Program and the Local Transportation Improvement Program provide financial assistance to political subdivisions for capital improvements to public infrastructure; and WHEREAS, the City of Lakewood is planning to make capital improvements to the watermains, paving and sewer system on Lakeland Avenue (Athens to Delaware), Morrison Avenue (Athens to Delaware) and Idlewood Avenue; and WHEREAS, the infrastructure improvements described above are considered to be a priority need for the community and are qualified projects under the OPWC programs; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits municipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, because the OPWC application deadline is September 20, 2018; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Mayor of the City of Lakewood, or his designee, is hereby authorized to prepare and submit an application to participate in the Ohio Public Works Commission State Capital Improvement Program, Local Transportation Improvement Program, or any other Ohio Pubic Works Commission funding program for which the projects identified in the preamble qualify. Section 2. The Mayor, the Director of Public Works, Director of Law and the Director of Finance for the City of Lakewood are authorized to enter into any agreements as may be necessary and appropriate for obtaining this financial assistance. 021
Section 3. 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 such formal action, were in meetings open to the public, in compliance with all legal requirements. Section 4. This resolution is hereby declared to be an emergency measure necessary for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution, and provided it receives the affirmative vote of at least two thirds of the members of Council, this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: President Clerk Approved: Mayor 022
Referred to Public Works 9/4/18 RESOLUTION NO. 9019-18 BY: A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor of the City of Lakewood, or his designee, to prepare and submit an application to participate in the Ohio Public Works Commission State Capital Improvement Program, Local Transportation Improvement Program or any other appropriate Ohio Public Works Commission program that the Summit Outfall Replacement Project qualifies for and to execute contracts as required. WHEREAS, both the State Capital Improvement Program and the Local Transportation Improvement Program provide financial assistance to political subdivisions for capital improvements to public infrastructure; and WHEREAS, the City of Lakewood is planning to make capital improvements by constructing a new storm sewer outfall at the terminus of Summit Avenue and performing related sewer and revetment work; and WHEREAS, the infrastructure improvements described above are considered to be a priority need for the community and are qualified projects under the OPWC programs; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits municipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, because the OPWC application deadline is September 20, 2018; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Mayor of the City of Lakewood, or his designee, is hereby authorized to prepare and submit an application to participate in the Ohio Public Works Commission State Capital Improvement Program, Local Transportation Improvement Program, or any other Ohio Pubic Works Commission funding program for which the projects identified in the preamble qualify. Section 2. The Mayor, the Director of Public Works, Director of Law and the Director of Finance for the City of Lakewood are authorized to enter into any agreements as may be necessary and appropriate for obtaining this financial assistance. 023
Section 3. 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 such formal action, were in meetings open to the public, in compliance with all legal requirements. Section 4. This resolution is hereby declared to be an emergency measure necessary for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution, and provided it receives the affirmative vote of at least two thirds of the members of Council, this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: President Clerk Approved: Mayor 024
Read and referred to Public Safety Committee 3/19/18; second reading 4/2/18. Please substitute for the original. Placed on first reading and referred to Rules & Ordinances 9/4/18 ORDINANCE NO. 38-18 BY: AN ORDINANCE repealing Section 149.16, Military Leave; Compensation, of the Codified Ordinances of the City of Lakewood and enacting a new section in its place to conform this section to Section 5923.05 of the Ohio Revised Code. WHEREAS, Section 149.16 of the Codified Ordinances, governing paid military leave, stands to be amended in order to come into conformance with Section 5923.05 of the Ohio Revised Code; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self-government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 149.16, Military Leave; Compensation, currently reading as follows: 149.16 MILITARY LEAVE; COMPENSATION. (a) All full-time, permanent, hourly employees and all annual, salaried employees shall be granted leaves of absence for military duty in accordance with State and federal law. (b) Any such employee of the City who is temporarily called to active duty (e.g., summer training) shall be granted a leave of absence for the duration of such active duty and shall be paid for a period of not more than one hundred seventy-six (176) hours in any one calendar year and shall accumulate vacation, longevity and sick leave credit during the period of such leave. (c) Any full-time, permanent, hourly employee and any annual, salaried employee who is called or ordered to the uniformed services for longer than a month, or each calendar year in which the employee performed service in the uniformed services, because of an executive order issued by the President of the United States, an act of Congress or an order by the Governor of the State of Ohio, is entitled, during the period designated in the order or act, to a leave of absence and to be paid, during each bi-weekly pay period during the leave of absence the difference between the employee s gross monthly wages or salary and the sum of the employee s gross uniform pay and allowances received during that bi-weekly period. (d) No employee shall receive payments under subsection (c) hereof, if the sum of the employee s gross uniformed pay and allowances received in a pay period exceed the employee s gross wage or salary for that period or if the employee is receiving pay under subsection (b) hereof. (e) Each employee who is entitled to leave provided under subsection (b) or (c) hereof shall submit to the permanent public employee s appointing authority the published order authorizing the call or order to the uniformed services or a 025
is hereby repealed. written statement from the appropriate military commander authorizing that service, prior to being credited with that leave. (f) The City shall maintain or reactivate all medical, dental and prescription benefits of an employee who is entitled to leave provided under subsection (c) hereof at the request of the employee, the employee s spouse or the employee s dependent. The employee, spouse or dependent and the City shall continue to be liable for payment of the cost of said benefits as if the employee were not on a leave of absence. Section 2. New Section 149.16, Military Leave; Compensation, is hereby enacted to read as follows: 149.16 MILITARY LEAVE; COMPENSATION. (a) All full-time, permanent, hourly employees and all annual, salaried employees shall be granted leaves of absence from their respective positions without loss of pay for the time they are performing service in the uniformed services, for periods of up to one month, for each year in which they are performing service in the uniformed services. (b) Any full-time, permanent, hourly employee or annual, salaried employee who is entitled to the leave provided under subsection (a) of this section, and who is called or ordered to the uniformed services for longer than a month, for each federal fiscal year in which the employee performed service in the uniformed services, because of an executive order issued by the president of the United States, because of an act of congress, or because of an order to perform duty issued by the governor pursuant to section 5919.29 of the Revised Code is entitled, during the period designated in the order or act, to a leave of absence and to be paid, during each biweekly pay period of that leave of absence, the lesser of (1) the difference between the employee s gross biweekly wage or salary as a employee and the sum of the employee's gross uniformed pay and allowances received in that pay period; or (2) two hundred fifty dollars. (c) No employee shall receive payments under subsection (b) hereof, if the sum of the employee s gross uniformed pay and allowances received in a pay period exceed the employee s gross wage or salary for that period or if the employee is receiving pay under subsection (a) hereof. (d) Each employee who is entitled to leave provided under subsection (b) hereof shall submit to the employee s appointing authority the published order authorizing the call or order to the uniformed services or a written statement from the appropriate military commander authorizing that service, prior to being credited with that leave. (e) The City shall maintain or reactivate all medical, dental and prescription benefits of an employee who is entitled to leave provided under subsection (b) hereof at the request of the employee, the employee s spouse or the employee s dependent. The employee, spouse or dependent and the City shall continue to be liable for payment of the cost of said benefits as if the employee were not on a leave of absence. (f) As used in this section, month means twenty-two eight-hour work days or one hundred seventy-six hours, or for firefighters or emergency medical technicians, seventeen twenty-four-hour days or four hundred eight hours, within one fiscal year. 026
Section 3. 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 meeting of this Council and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Adopted: PRESIDENT CLERK Approved: MAYOR 027
Placed on first reading and referred to COW 9/4/18 ORDINANCE NO. 40-18 BY: AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, to approve the editing and inclusion of certain ordinances as parts of the various component codes 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 the Codified 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 have now been made a part thereof; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that these new code sections must be in effect no later than the date the municipal income tax provisions of H.B. 49 become effective by operation of law; now, therefore BE IT ORDAINED BY CITY OF LAKEWOOD, OHIO: Section 1. The editing, arrangement and numbering and renumbering of the following ordinances and resolutions and parts of ordinances and resolutions are hereby approved as parts of the various component codes of the Codified Ordinances of the City, so as to conform to the classification and numbering system of the Codified Ordinances: Ord. No. Date C.O. Section 34-17 2-5-18 1103.02, 1161.03 36-17 2-5-18 1143.09, 1173.06 38-17 6-18-18 123.01 to 123.09; Repeals 139.01, 139.08 39-17 6-18-18 101.02, 101.09, 107.02, 107.04, 107.09, 107.11, 107.12, 109.01, 111.01, 111.05, 121.02, 121.15, 127.05, 129.09, 142.07, 149.03, 153.15, 156.03, 731.02, 1103.01, 1103.02, 1337.03, 1779.04 58-17 6-18-18 149.24 1-18 4-2-18 505.02, 505.04, 505.09, 505.24, 505.98, 506.01 to 506.10, 506.98, 506.99 4-18 2-20-18 128.22 to 128.2215 5-18 6-18-15 131.01, 131.02, 107.11 6-18 6-18-18 1134.03 028
20-18 6-18-18 141.01 to 141.22 23-18 6-18-18 1105.02 24-18 6-18-18 131.03 25-18 5-21-18 1105.02 26-01 6-18-18 121.15 29-18 6-18-18 129.62, 129.63, 129.64 Section 2. The Third Amended Charter published in the Codified Ordinances is the official charter of the City of Lakewood. Section 3. 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 meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 4. This ordinance 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 and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least two thirds members of Council, this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: PRESIDENT CLERK Approved: MAYOR 029
RESOLUTION NO. 9022-18 BY: O LEARY A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, appointing Maureen McHugh Bach as Clerk of Council. WHEREAS, the Clerk of Council position has been vacant and filled by Maureen McHugh Bach as the interim clerk; and WHEREAS, Maureen McHugh Bach has worked in the Council office since September, 2012; and WHEREAS, after an open and deliberative process Council wishes to appoint the next full-time Clerk of Council; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that the position to be occupied by this appointee is vacant; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD: Section 1. Pursuant to Section 2.7 of the Third Amended Charter and Section 121.14 of the Lakewood Codified Ordinances, Council hereby appoints Maureen McHugh Bach as Clerk of Council. Section 2. For the purposes of calculating longevity as it relates to vacation benefits accrued, Maureen McHugh Bach shall be deemed to have worked five full-time years (2013-2017) through December 31, 2017. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were passed in open meetings of this Council and that all deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements. Section 4. 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 and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least five members of Council, this resolution shall take effect and be in force 030
immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: PRESIDENT CLERK Approved: MAYOR 031
12650 DETROIT AVENUE 44107 216/529-6055 FAX 216/226-3650 www.onelakewood.com Lakewood City Council SAMUEL T. O LEARY, PRESIDENT DAVID ANDERSON, VICE PRESIDENT Council at Large Ward Council THOMAS R. BULLOCK III DAVID W. ANDERSON, WARD 1 MEGHAN F. GEORGE SAM O LEARY, WARD 2 TRISTAN RADER JOHN LITTEN, WARD 3 DANIEL O MALLEY, WARD 4 September 17, 2018 Lakewood City Council 12650 Detroit Avenue Lakewood, Ohio 44107 Re: Citizens Advisory Committee Appointment Dear Colleagues, It is my pleasure to appoint Tyler Allen to the Citizens Advisory Committee. His term will begin immediately and will expire on December 31, 2018. I had the chance to meet Mr. Allen when he first expressed interest in serving Lakewood as a member of the Resiliency Task Force. Since then, Mr. Allen has remained interested in sharing his talents with the City. Mr. Allen is an engineer whose work has focused on renewable energy and healthcare facility design. I am confident that Mr. Allen s background and education will contribute to the diversity of the Citizens Advisory Committee and I appreciate his enthusiasm for public service. Sincerely, Tom Bullock Councilmember At-large 032
RESOLUTION NO. 9020-18 BY: O Malley A Resolution to formally identify agreed-upon priorities that Council would like to see reflected in the 2019 budget. WHEREAS, in recent years the Administration has taken charge of compiling the annual budget book and related appropriations ordinances; and WHEREAS, with the support and encouragement of the Administration and all of Council, the Finance Committee initiated a series of meetings this September with the expressed goal of engaging Councilmembers early and actively in the budget process; and WHEREAS, Councilmembers considered a number of proposed ideas for projects and policies to benefit the community, evaluated them by criteria such as alignment with City goals, achievability, and the number of residents benefitted, among many others; and WHEREAS, at the culmination of this series of meetings, Council expressed support for the priorities included in the accompanying attachment(s); and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self-government, and the power to enact laws that are for health, safety, and welfare; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section1. That this Council hereby establishes as among its preliminary priorities for the 2019 Fiscal Year and those policies, projects, and initiatives included in the attachment and requests the Administration consider these priorities in preparing its the budget book and accompanying budget and appropriations legislation for Fiscal Year 2019. Section 2. It is found and determined that all formal actions of this Council concerning and relating to this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal actions were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. Section 3. The Clerk of Council is hereby authorized and directed to forward a certified copy of this resolution to the Mayor and a copy of this Resolution shall be spread upon the minutes of this meeting. 033
Adopted: Approved: President Clerk Mayor 034
Attachment A - Council Budget Priority Proposals for FY 2019 To be provided 035
12650 DETROIT AVENUE 44107 216/529-6055 FAX 216/226-3650 www.onelakewood.com Lakewood City Council SAM O LEARY, PRESIDENT DAVID W. ANDERSON, VICE PRESIDENT Council at Large Ward Council THOMAS R. BULLOCK III DAVID W. ANDERSON, WARD 1 MEGHAN F. GEORGE SAM O LEARY, WARD 2 TRISTAN RADER JOHN LITTEN, WARD 3 DANIEL O MALLEY, WARD 4 September 17, 2018 Lakewood City Council Lakewood, OH Re: Ban Conversion Therapy for the Purpose of Changing Sexual Orientation in Minors Dear Fellow Councilmembers: The Ohio Psychological Association has called on the Ohio General Assembly and other elected officials throughout the state to legislate bans on the harmful - and sometimes deadly - practice of so-called conversion therapy for the purpose of changing sexual orientation in minors. The attached ordinance would do just that within the limits of the City of Lakewood. Accepted science recognizes that being gay, lesbian, bisexual or transgender is a part of the natural spectrum of human identity and is not a disease, disorder, or illness. A 2015 report of the Federal Substance Abuse and Mental Health Services Administration states, interventions aimed at a fixed outcome, such as gender conformity of heterosexual orientation, including those aimed at changing gender identity, gender expression, and sexual orientation are coercive, can be harmful, and should not be part of behavioral health treatment. Many well-regarded professional organizations have added their voices to the chorus of experts opposing these dangerous practices. Among them are the American Psychological Association, the American Psychiatric Association, the American Medical Association, the American Academy of Pediatrics, the National Association of Social Workers, the American School Counselor Association, and a great many others. Sadly, conversion therapy is still being practiced in the state of Ohio. While we are unaware of any such therapists operating in Lakewood, we wish to send a clear message to protect the youth of our city that this practice is not welcome here. Please refer this ordinance to an appropriate committee for further consideration. Sincerely, Daniel J. O Malley David W. Anderson Ward 4 Ward 1 036
ORDINANCE NO. 41-18 BY: O'Malley AN ORDINANCE amending Chapter 516, Discrimination Prohibited, of the Codified Ordinances of the City of Lakewood to prohibit any psychiatric treatment, including conversion therapy, which purpose is an attempt to change an individual s sexual orientation. WHEREAS, the American Psychiatric Association in December 1998 published a position statement opposing any psychiatric treatment, including reparative or conversion therapy, which therapy regime is based upon the assumption that homosexuality per se is a mental disorder or upon an assumption that a patient should change his or her homosexual orientation; and WHEREAS, the American Psychological Associations Task Force on Appropriate Therapeutic Responses to Sexual Orientation ( APA Task Force ) concluded that sexual orientation change efforts can pose critical health risks to lesbian, gay and bisexual people, including, among other things, confusion, depression, social withdrawal, suicidality, substance abuse, selfhatred, high-risk sexual behaviors, and a feeling of being dehumanized; and WHEREAS, following the report issued by the APA Task Force, the American Psychological Association issued a resolution in 2009 on Appropriate Affirmative Responses to Sexual Orientation Distress and Change Efforts, advising parents, guardians, young people and their families to avoid sexual orientation change efforts that portray homosexuality as a mental illness or developmental disorder, and encouraging psychotherapy, social support, and education services that provide accurate information on sexual orientation and sexuality, increase family and school support and reduce rejection or sexual minority youth; and WHEREAS, the American Academy of Child Adolescent Psychiatry in 2012 published a statement in its journal that [g]iven that there is no evidence that efforts to alter sexual orientation are effective, beneficial or necessary and the possibility that they carry the risk of significant harm, such interventions are contraindicated ; and WHEREAS, the American Academy of Pediatrics, the American Medical Association Council on Scientific Affairs, the National Association of Social Workers, and the American Counseling Association Governing Council, and Psychoanalytic Association each have asserted in reports or position statements that sexual orientation change efforts, including reparative therapy or conversion therapy are not recommended and may be harmful; and WHEREAS, the Pan American Health Organization issued a statement in 2012 that [t]hese supposed conversion therapies constitute a violation of the principles of health care and violate human rights that are protected by international and regional agreements ; and 037
WHEREAS, the City of Lakewood has a compelling interest in protecting the physical and psychological well-being of minors, including lesbian, gay, bisexual and transgender youth and in protecting its minors against exposure to serious harms caused by conversion therapy; and WHEREAS, It is the desire of the Council of the City of Lakewood to prohibit the use of conversion therapy with minors, which has been demonstrated to be harmful to the physical and psychological well-being of lesbian, gay, bisexual and transgender persons; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. New Subsections 516.01(q) and 516.01(r), Definitions, of the Lakewood Codified Ordinances are hereby enacted to read as follows: 516.01 DEFINITIONS. (q) Conversion therapy means any practices or treatments that seek to change an individual s sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy shall not include counseling that provides assistance to a person undergoing gender transition, or counseling that provides acceptance, support and understanding of a person or facilitates a person s coping, social support, and identity exploration and development, including sexual-orientation-neutral intervention to prevent or address conduct or unsafe practices, as long as such counseling does not seek to change an individual s sexual orientation or gender identity. (r) Mental health professional means an individual who is licensed, certified or registered under the laws of the State of Ohio to provide, to an individual or group, mental health services, including but not limited to, the assessment or improvement of mental emotional, psychiatric, psychological, or psychosocial adjustment or functioning, regardless of whether there is a diagnosable, pre-existing disorder or disease. Mental health professions include but are not limited to physicians specializing in the practice of psychiatry, psychologists marriage and family therapists, licensed clinical social workers, professions clinical counselors, behavioral clinicians or therapists, nurses or any other persons offering such mental health services. Section 2. New Section 516.051, Conversion Therapy Prohibited for a Discriminatory Reason, is hereby enacted to read as follows: 516.051 CONVERSION THERAPY PROHIBITED FOR A DICRIMINATO- RY REASON. No mental health professional shall engage in conversion therapy with a minor for a discriminatory reason, without regard to whether the mental health professional is compensated or receives any form of remuneration for his or her services. 038
Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were passed in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements. Adopted: President of Council Clerk of Council Approved: Mayor 039
KEVIN M. BUTLER DIRECTOR OF LAW PAMELA L. ROESSNER CHIEF PROSECUTOR JENNIFER L. SWALLOW CHIEF ASSISTANT LAW DIRECTOR LAW DEPARTMENT OFFICE OF PROSECUTION 12650 Detroit Avenue, Lakewood, Ohio 44107 (216) 529-6030 Fax (216) 228-2514 www.onelakewood.com law@lakewoodoh.net ANDREW N. FLECK ASSISTANT PROSECUTOR/ ASSISTANT LAW DIRECTOR Direct dial: (216) 529-6034 kevin.butler@lakewoodoh.net September 17, 2018 Lakewood City Council 12650 Detroit Avenue Lakewood, Ohio 44107 Re: Resolution approving purchase agreement for Trinity Lutheran Church property Dear Members of Council: Please find attached a resolution that, if adopted, would authorize the Mayor to sign a purchase agreement and necessary closing paperwork for the purchase of the former Trinity Lutheran Church property located at 16300-16400 Detroit Avenue. The church building and its related commercial storefronts, as you will recall, have been vacated for some time and have drawn limited interest from, among other prospective purchasers, operators of a fast-food establishment. Under the agreement, the city instead will purchase the property for $625,000. The administration is pleased with the outcome of our negotiations with the leadership of the church because the site will provide the city with opportunities to leverage the strength of the Detroit Avenue commercial corridor for the benefit of the citizens. As a result of this purchase, the city can thoughtfully plan for the highest and best future use of the property. Please refer this resolution to an appropriate committee for your further review. The agreement calls for the purchase to be finalized by year-end, and thus your timely consideration is requested. Very truly yours, Kevin M. Butler 040
RESOLUTION NO. 9021-18 BY: A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Mayor and Director of Law to enter into a purchase agreement with The Trinity Lutheran Church aka Trinity Lutheran Church fka Lakewood English Evangelical Lutheran Church, an Ohio non-profit corporation, owner of the property located at 16300-16400 Detroit Avenue, Lakewood, Ohio (PPN 311-30-028, -029 and -030), and to execute all documents necessary to effectuate the purchase and sale according to the terms of that agreement. WHEREAS, the City has determined that it is in the best interests of the citizens to purchase the Trinity Lutheran Church property, and has come to terms with the property owner for its purchase and sale; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self-government, and the power to enact laws that are for the health, safety, welfare; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that it is necessary and in the best interest of the City to purchase this vacant property and immediately put it to use for the benefit of the citizens; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Mayor and Director of Law are hereby authorized to enter into an agreement, in substantially the same form as attached as Exhibit A, with The Trinity Lutheran Church aka Trinity Lutheran Church fka Lakewood English Evangelical Lutheran Church, an Ohio nonprofit corporation, owner of the property located at 16300-16400 Detroit Avenue, Lakewood, Ohio (PPN 311-30-028, -029 and -030), and to execute all documents necessary to effectuate the purchase and sale according to the terms of that agreement. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 3. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble 041
to this resolution, and provided it receives the affirmative vote of at least two thirds of the members of Council, this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law. Adopted: PRESIDENT CLERK Approved: MAYOR 042
AGREEMENT OF SALE The Trinity Lutheran Church aka Trinity Lutheran Church fka Lakewood English Evangelical Lutheran Church, an Ohio non-profit corporation, herein called Seller, agrees to sell to the City of Lakewood, an Ohio municipal corporation and political subdivision, herein called Buyer, and Buyer agrees to purchase from Seller, the real property, herein called the Property, at 16300-16400 Detroit Avenue, Lakewood, Ohio, described fully in the attached Exhibit A, which is hereby incorporated within this Agreement, on the following terms and conditions: ARTICLE 1. PURCHASE PRICE 1.01. Amount. The purchase price for the Property shall be the sum of $625,000.00, payable by Buyer to Seller as follows: (a) Down Payment. The sum of $5,000.00 in down payment on execution of this Agreement, receipt of which is hereby acknowledged by Seller and which Seller agrees to deposit into escrow within three days from the date hereof. (b) Balance. The further sum of $620,000.00, on closing as herein provided. ARTICLE 2. ESCROW AND CLOSING 2.01. Opening of Escrow. An escrow shall be opened, pursuant to this Agreement at Providence Title Agency, 27540 Detroit Rd. #106, Westlake, Ohio 44145 (the Escrow Agent ), within 15 days from the date hereof, such time being agreed to be of the essence. 2.02. Conditions of Escrow. The close of such escrow and the Buyer s obligation to purchase the Property pursuant to this Agreement are expressly conditioned on: (a) Marketable Title. The conveyance to Buyer or Buyer s nominee of good and marketable title to the Property, as evidenced by an Owner s Fee Policy of Title Insurance issued by First American Title Insurance Company, subject only to liens, encumbrances, restrictions, easements, or conditions as may be approved in writing by Buyer. Upon the execution of this Agreement, Seller shall cause to be ordered from the title company a commitment for an Owner Policy and an ALTA survey, and a copy of each shall be sent to Buyer for Buyer s review. Within ten days of receipt of the commitment and the survey, Buyer shall notify Seller in writing of any liens, encumbrances, restrictions, easements, or conditions shown therein which are objectionable to Buyer. If so notified, the items that are objectionable to Buyer shall be considered title defects and shall be removed by Seller on or before the closing date. If the title defects cannot be removed by Seller by the closing date, or any extensions of the closing date as may be agreed to by the Buyer for the correction of these title defects, this Agreement shall be null and void and all funds and documents previously delivered to the parties or deposited into escrow shall be returned to the respective parties who delivered or deposited such funds or documents, and there shall be no further liability between the parties. {7632204:2 } 043
(b) Delivery of Possession. Delivery of possession of said property to Buyer or Buyer s nominee, immediately on closing, free and clear of all uses and occupancies except as Buyer may waive in writing. (c) Inspection of Property. Buyer satisfactorily completing a diligent inspection of the property and satisfying itself as to the feasibility of the property for its intended use. Buyer s inspection may include, without limitation, tests of the subsurface soil conditions of the property, boundary surveys, engineering reports, feasibility studies, and environmental inspections. Buyer and Buyer s agents shall have access to the property for such inspections. 2.03. Failure of Conditions. Should any of the conditions specified in Paragraph 2.02 of this Agreement fail to occur within 45 days after the opening of escrow as provided in Paragraph 2.01 of this Agreement, Buyer shall have the power, exercisable by the giving by Buyer of written notice to the Escrow Agent and to Seller, to cancel such escrow, terminate this Agreement, and recover any amounts paid by Buyer to Seller or to the Escrow Agent on account of the purchase price of said property. The exercise of such power by Buyer shall not, however, constitute a waiver by Buyer of any other rights he may have against Seller for breach of this Agreement. The Escrow Agent shall be, and is hereby, irrevocably instructed by Seller on such failure of conditions and receipt of such notice from Buyer to refund immediately to Buyer all moneys and instruments deposited by Buyer in escrow pursuant to this Agreement. 2.04. Prorations. There shall be prorated between Seller and Buyer on the basis of 30-day months, as of midnight on the day of closing: (a) Real property taxes levied or assessed against said property as shown on the latest available tax bills. (b) Premiums on insurance policies acceptable to Buyer insuring the improvements and buildings on said property against damage or destruction by fire, theft, or the elements. (c) Utility charges through the date of delivery of possession. Seller shall cause utilities to be read as of the date of delivery of possession. All rents and operating expenses associated with the property shall be prorated as of the date of possession. 2.05. Bonds and Assessments. Any bonds or improvement assessments, both general and special, which are liens on said property shall, at closing be paid by Seller. 2.06. Brokers Commissions. Any and all commissions due to real estate or other brokers as a result of this sale of said property shall be paid by Seller. Seller represents and warrants to Buyer that Seller has not engaged any brokers in connection with Seller s interest in the property, except Ryan Fisher and Katie Watts of Colliers International. Buyer represents and warrants to Seller that Buyer has not engaged any brokers in connection with Buyer s interest in the property. {7632204:2 } 2 044
2.07. Expenses of Closing. The expenses of closing described in this Article shall be paid in the following manner: (a) The full cost of securing the title guarantee or Title Policy described in Paragraph 2.02(a) of this Agreement shall be paid by Seller. (b) The cost of preparing, executing, and acknowledging any deeds or other instruments required to convey title to Buyer or Buyer s nominees in the manner described in this Agreement shall be paid by Seller. (c) Any costs of transfer and recordation of title shall be paid by Buyer. (d) Any tax imposed on the conveyance of title to said property to Buyer or Buyer s nominee shall be paid by Buyer. (e) Any fee charged by the Escrow Agent in addition to the cost of title guarantee or title insurance required by this Agreement shall be paid by Seller and Buyer in equal proportions. 2.08. Security for Buyer s Performance. For the purpose of securing the performance of Buyer under the terms and provisions of this Agreement, Buyer has delivered to Escrow Agent the sum of $5,000.00, the down payment, which shall be paid to Seller in the event Buyer breaches this Agreement as provided in Paragraph 5.02 hereof. At closing, the down payment shall be paid over to the Seller and applied to the cash portion of the purchase price, provided, however, that in the event the Buyer shall have given written notice to the Escrow Agent that one or more of the conditions to its obligations set forth in Paragraph 2.02 have not been met, or, in the opinion of Buyer, cannot be satisfied in the manner and as provided for in this Agreement, the down payment shall be forthwith returned by the Escrow Agent to Buyer. 2.09. Time and Place of Closing. Closing shall be made to consummate the sale of the Property pursuant to this Agreement at the offices of the Escrow Agent, within 60 days after the date hereof, unless extended by mutual agreement of the parties, provided, however, closing shall not occur after December 31, 2018. 2.10 As-Is Conveyance. Buyer agrees that, upon the closing, Buyer shall be deemed to have accepted the property in its then existing condition, as is, where is and with all faults without representation or warranty of any kind or nature by Seller except as expressly set forth in this agreement or the transfer documents. ARTICLE 3. REPRESENTATIONS AND WARRANTIES OF SELLER 3.01. Warranties of Seller. Seller hereby represents and warrants to Buyer as follows: (a) There are no parties in possession of any part of said property as lessees, tenants at sufferance, or trespassers; {7632204:2 } 3 045
(b) There is no pending or threatened condemnation or similar proceeding or assessment affecting said property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority; (c) To Seller s knowledge, Seller has complied with all applicable laws, ordinances, regulations, statutes, rules, and restrictions relating to said property, or any part thereof; (d) There are water, sewer, gas, and electricity lines to said property which are available for tap in by the Buyer and which are sufficient for service on said property without the payment by the buyer of any tap in fees. (e) Said property has full and free access to and from public highways, streets or roads and, to the best knowledge and belief of Seller, there is no pending or threatened governmental proceeding which would impair or result in the termination of such access. (f) The Seller has not received, within five years prior to the date of this Agreement, any notices of violation of any laws, rules, regulations and ordinances related to wetlands, the American with Disabilities Act, or environmental obligations. (g) All work and labor performed and all materials furnished with respect to any improvements or repairs to the property have been paid in full, and there will be no mechanic s liens or the possibility thereof in connection with any such work or labor performed on or materials furnished to the property. (h) There are no actions, suits or proceedings against Seller with respect to the property, and there are no investigations or actions, suits or proceedings at law or in equity pending or threatened against Seller that would adversely affect this transaction or the property being sold hereunder. (i) There are no employment contracts, service contracts, or similar contracts or agreements relating to the management, ownership or operation of the property except as set forth on Exhibit B attached hereto and made a part hereof. (j) Seller will assign to Buyer on or before the closing date, by delivering them into escrow, any and all guarantees or warranties with respect to the condition of the property, including all improvements, fixtures, equipment and personal property being conveyed hereunder, that remain in effect and are assignable. (k) All financial statements, rent rolls, and other documents and information given to Buyer accurately reflect the operation of Seller s property, and Seller has not withheld any material information from Buyer relating to the operation of Seller s property. (l) Attached hereto and marked Exhibit C is a true and accurate schedule of insurance carried on the premises. Such insurance shall not be increased between the date hereof and the closing date. No notices or requests have been received by Seller from any insurance company issuing any of such policies which have not been complied with. Any notices or {7632204:2 } 4 046
requests from any such insurance company received prior to the closing date shall be complied with by Seller prior to the closing date. (m) Attached hereto and marked Exhibit D are true and accurate lists of gas and electrical utility bills relating to the premises for the 12 months indicated thereon. All of Seller s right and interest in any utility deposits shall be vested in Buyer at settlement. (n) All documents delivered or required hereunder to be delivered to Buyer and all warranties herein made by Seller are accurate and complete, and there has been no material change in any of the facts, circumstances or subject matter of this transaction of which Buyer has not been informed. (o) The sale and transfer of the aforesaid property is, or shall be prior to the closing date, duly authorized in accordance with the law and within the scope of authority of the party or parties conveying the property, and evidence of such authority shall be presented to Buyer prior to the closing of this transaction. ARTICLE 4. CONTROL OF PROPERTY DURING ESCROW 4.01. Destruction of Improvements. Should any of the improvements of said property be destroyed or substantially damaged prior to closing as herein provided, Buyer shall have the power, exercisable by the giving of written notice by Buyer to the Escrow Agent and to Seller, to cancel such escrow, terminate this Agreement, and recover any and all amounts paid to Seller or to the Escrow Agent on account of the purchase price of said property. Any such improvement on said property shall be deemed substantially damaged for the purpose of this section if the cost of restoring such improvement to the condition it is in at the date of this Agreement exceeds 25 percent of the purchase price of said property as provided in this Agreement. If said property is damaged, but such damage is not substantial enough to give Buyer the right to terminate this Agreement, then Seller will assign to Buyer all of Seller s right, title and interest in all insurance proceeds payable with respect to such damage and the purchase price will be reduced by the amount of Seller s deductible, if any. ARTICLE 5. BREACH 5.01. By Seller. Should Seller default on the full and timely performance of any obligations under the terms of this Agreement for any reason other than Buyer s default, Buyer may: (a) Enforce specific performance of this Agreement; (b) Request that the down payment shall be forthwith returned to Buyer; and/or 5.02. By Buyer. Should Buyer fail to consummate the purchase of said property, the conditions to Buyer s obligations set forth in Paragraph 2.02 of this Agreement having been satisfied and Buyer being in default, and Seller not being in default hereunder, Seller may: {7632204:2 } 5 047
(a) Receive the down payment from the Escrow Agent, such sum being agreed on as liquidated damages for the failure of Buyer to perform the duties, liabilities, and obligations imposed on it by the terms and provisions of this Agreement. Seller agrees to accept and take said cash payment as its total damages and relief and as Seller s sole remedy hereunder in such event; or (b) Enforce specific performance of this Agreement. ARTICLE 6. MISCELLANEOUS 6.01. Assignment of Agreement. This Agreement shall be binding on the respective heirs, executors, administrators, successors, and to the extent assignable, on the assigns or nominees of the parties hereto, provided Buyer shall not transfer or assign this Agreement without first having obtained the express written consent of Seller, such consent not to be unreasonably withheld, conditioned or delayed. On delivery to Seller of an instrument in writing whereby the assignee of the Buyer assumes all of the provisions of this Agreement to be performed by Buyer, then, in that event, Buyer shall be released and discharged of all further liability hereunder. 6.02. Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 6.03. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Buyer, as the case may be, at the address set forth opposite the signature of such party hereto. 6.04. Ohio Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Ohio. All obligations of the parties created hereunder are performable in Lakewood, Cuyahoga County, Ohio. 6.05. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6.06. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the aforesaid subject matter. 6.07. Time of Essence. Time is of the essence of this Agreement. {7632204:2 } 6 048
6.08. Descriptive Heading. The descriptive headings used herein are for convenience only and are not intended to necessarily refer to the matter in sections which precede or follow them, and have no effect whatsoever in determining the rights or obligations of the parties. 6.09. Counterparts. This Agreement may be executed in counterparts. 6.10. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Buyer by October 19, 2018, Buyer shall have the right to terminate this Agreement on written notice to Seller. 6.11. Stained-Glass Windows. Notwithstanding any other provision to the contrary in this Agreement, the Buyer agrees to inform the Seller immediately upon learning or deciding to demolish the existing Church building. Upon such notification, the Seller shall have a reasonable period to remove the stained-glass windows in the Church building at Seller s expense. The time allowed for such action by the Seller shall be a reasonable amount in accordance with the then current weather conditions and the Buyer s need for removal of the Church building. Notwithstanding any other provision in this Agreement, this Section 6.11 shall survive the closing for a period of five (5) years. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunder set their hands on the dates noted below. (The signature page follows.) {7632204:2 } 7 049
SELLER The Trinity Lutheran Church aka Trinity Lutheran Church fka Lakewood English Evangelical Lutheran Church [signature] By: Its: 1375 West Clifton Boulevard Lakewood, Ohio 44107 BUYER City of Lakewood, Ohio [signature] By: Michael P. Summers Its: Mayor 12650 Detroit Avenue Lakewood, Ohio 44107 {7632204:2 } 8 050
EXHIBIT A Description of the Property (Legal description to follow) {7632204:2 } 051
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EXHIBIT B List of Employment Contracts, Service Contracts or Similar Contracts or Agreements None. {7632204:2 } 053
EXHIBIT C Schedule of Insurance on the Premises (To be provided) {7632204:2 } 054
EXHIBIT D List of Gas and Electric Utility Bills (To be provided) {7632204:2 } 055
JOSEPH J. BENO, PE DIRECTOR OF PUBLIC WORKS DEPARTMENT OF PUBLIC WORKS 12650 DETROIT AVENUE 44107 (216) 529-6804 September 17, 2018 Lakewood City Council RE: AT&T Proposed easement Dear Members of Council: Please review the attached documents from AT&T for an easement on city property to place a cabinet for their GigaPower service program. This location is in the city parking lot on Madison near Arthur and across the street from Barrio. A landscaping plan for the location is attached also. Please refer to the appropriate committee for further discussion. AT&T representatives will be present there to participate in the discussions also. Sincerely, Joseph J. Beno, PE www.onelakewood.com 056
057 8 X 12 FOOT PROPOSED OHIO BELL NEW EASEMENT SITE. NEW LANDSCAPING WILL BE INSTALLED
Varga s Landscaping vargalandscaping@hotmail.com 440.937.4838 www.vargalandscaping.com PO Box 40205 Design: AT&T Cabinet Screening Bay Village OH 44140 Design Date: 09/10/2018 Site Address: 15538 Madison Ave, Lakewood, OH Existing Conditions Proposed Design Plant List Proposed Design Qty Description Note: This photo is an artistic interpretation of the general appearance of the design and is not meant to be an exact rendition. A 7 Ornamental Grass Hakonechloa macra All Gold - One of the most gorgeous of ornamental grasses. This makes a dwarf mound of narrow golden-yellow leaves with more of a spiky habit compared to other forms. Tiny green flowers are hidden among the leaves. At Planting: 1 gal. Mature Height: 8 Mature Spread: 16 B 3 Spirea japonica Double Play Red Double Play has vibrant flowers and stunning foliage. Double Play Red is a flower color breakthrough, the first and only spirea with true red flowers. Add in showy dark burgundy spring foliage for a perfect double play. At Planting: 18 Mature Height: 3 Mature Spread: 3 C 5 Hicks Yew - Taxus x media 'Hicksii' - A hybrid that is noted for combining the ornamental excellence of English yew with the winter hardiness of Japanese yew. At Planting: 10 gal Mature Height: 12 Mature Spread: 3 Includes: One-year guarantee for all plants/materials to be healthy and or in good condition post installation. Rototilling plant beds prior to planting. Reseeding of lawn areas disturbed during planting. Applying water retention gel and herbicide around all plants/trees. Mulching plant beds from the concrete pad to 12 beyond the drip line of all plants with double shredded mulch with a 2 maximum depth. Applying organic mixture of soil/humus added to all plant beds, as needed. This design is the property of Varga s Landscaping and intended for this 058site only unless written permission granted by Varga s Landscaping.
ORDINANCE NO. 42-18 BY: AN ORDINANCE authorizing the Mayor on behalf of the City of Lakewood to enter into an agreement necessary to grant an exclusive easement to The Ohio Bell Telephone Company, d/b/a AT&T Ohio, 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 15538 Madison Avenue, Lakewood, Ohio (313-27-010). WHEREAS, 15538 Madison Avenue, Lakewood, Ohio (313-27-010) is currently titled to the City of Lakewood; and WHEREAS, AT&T has proposed placing equipment necessary for provision of their services on this parcel and the granting of these easements is necessary to placement of that equipment; 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 enter into agreements on terms approved by the Director of Law necessary to grant an Exclusive Easement, the location and description of which is attached as Exhibit A, to the Ohio Bell Telephone Company, d/b/a AT&T Ohio, 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 15538 Madison Avenue, Lakewood, Ohio (313-27-010). Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were passed in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements. Adopted: President of Council Clerk of Council Approved: Mayor 059
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 Bell Telephone 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 across the 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 provision of communication, video and/or information services and/or any other services or uses for which such facilities may be used including, but not limited to, poles, guys, anchors, and messenger strand, equipment cabinets 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, appurtenances and facilities, together with the right to have commercial electrical service extended across the 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 easement granted herein. The Property is legally described as: Situated in the City of Lakewood, County of Cuyahoga and State of Ohio, and known as being a part of Original Rockport Township sections Nos. 19 and 22. Property is further described as land conveyed to the City of Lakewood in deed Volume 89-7268 Page 55 on December 29, 1989 in Cuyahoga County Deed Records. PPN 313-27-010 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 property from 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. 060
Grantee hereby agrees to restore all property disturbed by its activities in use of the easement to the condition existing prior to the disturbance. Grantee shall have the right to remove or trim such trees and brush in the Easement Area as is necessary to exercise the rights conveyed herein. The Grantor shall not change the finish grade of the Easement Area without the consent of the Grantee, which shall not be unreasonably withheld. This Easement is binding upon and shall inure to the benefit of the heirs, successors, assigns, and licensees of the parties hereto. GRANTOR: (Signature) (Printed) (Title) GRANTOR: (Signature) (Printed) (Title) STATE OF OHIO ) ) SS COUNTY OF CUYAHOGA ) I, the undersigned, a Notary Public in and for said county in the state aforesaid, DO HEREBY CERTIFY THAT,, 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 their free and voluntary act, for uses and purposes therein set forth, including the release and wavier of the right of homestead. Given under my hand and notarial seal, this day of 2018. 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 Little 13630 Lorain Ave 4 th Floor Cleveland, Ohio 44111 Notary Public 061
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