held on the following day. A Docket and Agenda ofthe ...Sep 05, 2017 · r Council at Large RYAN P....

DOCKET

OF A MEETING OF

THE LAKEWOOD CITY COUNCIL

TO BE HELD IN THE COUNCIL CHAMBERS

LAKEWOOD CITY HALL - 12650 DETROIT AVENUE

SEPTEMBER 5, 2017

7: 30 P.M.

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

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

ADDRESSING COUNCIL — The President may recognize any non - member for addressing Council onany question then pending. In such cases, the person recognized shall address the chair, state his or hername and address and the subject matter he or she desires to discuss. Speakers must be courteous in theirlanguage and avoid personalities. When addressed by the Chair, the speaker must yield the floor andcomply with all rulings of the chair, said rulings not being open to debate. Except with permission ofCouncil specifically given, speakers shall be limited to five minutes. No person who has had the floorshall again be recognized until all others desiring an opportunity to speak have been given an opportunityto do so.

AGENDA ITEMS PROTOCOL:

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

PUBLIC COMMENT PROTOCOL:

The Clerk at the end of the meeting will present the PUBLIC COMMENT sign -in sheet to the Presidentof Council. Public Comment will be welcomed at the end of a Council Meeting on miscellaneous issuesor issues other than agenda items. A citizen must first write his or her name, address and topic on thedesignated sign -in sheet in order to be recognized. The forum is not designed to be a question and answersession.

I. Pledge of Allegiance

II. Moment of Silence

III. Roll Call

Reading and disposal of the minutes of the Regular Meeting of Council held July 17, 2017.

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

OLD BUSINESS * * **

1. Committee of the Whole Report regarding September 5, 2017 Committeemeeting. Mr. O' Leary; Chair ( To Be Provided)

2. Health & Human Services Committee Report; Project SOAR SupportingOpiates Addiction Recovery. Marx; Chair. ( Pg. 5)

3. ORDINANCE NO. 29 -17 - AN ORDINANCE to take effect immediatelyprovided it receives the affirmative vote of at least five members of Council,

or otherwise to take effect at the earliest period allowed by law, amendingSection 549.01, Definitions, of the Codified Ordinances for the City ofLakewood in order to provide clarity for the regulation of weapons offenseswithin the Criminal Code. ( First Reading & REFERRED TO Public SafetyCommittee 7/ 17/ 17) ( Pg. 6)

4. ORDINANCE NO. 30 -17 — AN ORDINANCE to take effect immediatelyprovided it receives the affirmative vote of at least five ( 5) members of

Council, or otherwise to take effect and be in force after the earliest period

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

Reading & Referred to Finance Committee 7/ 17/ 17) ( Pg. 14)

NEW BUSINESS * * **

5. Communication from Council President O' Leary regarding CitizensAdvisory Committee appointment. ( To Be Provided)

6. Communication from Councilmember Marx regarding Introduction to Ms. Gina Gavlak, President and CEO ofNorth Coast Health. ( Pg. 16)

7. Communication from Councilmember O' Malley regarding Tattooing

Regulations. ( Pg. 17)

8. ORDINANCE NO. 31 -17 — AN ORDINANCE repealing Chapter 1793, Tattooing, amending Schedule 1129.02, Permitted Uses in CommercialDistricts, and creating new Section 1161. 03( XX), Supplemental Regulationsfor Specific Uses ( Body Art Establishments), of the Codified Ordnances ofthe City of Lakewood in order to permit tattoo studios as a conditional use incommercial districts within the City of Lakewood. ( Pg. 18)

2

9. Communication from Councilmember Bullock regarding Council 2018Budget Priorities. ( To Be Provided)

IO.RESOLUTION NO. 8945 -17 A RESOLUTION to formally identifyagreed -upon priorities that Council would like to see reflected in the 2018budget. ( Pg. 29)

11. Communication from Mayor Summers regarding Medicinal MarijuanaControl Program. ( Pg. 31)

12. ORDINANCE NO. 32 -17 — AN ORDINANCE to take effect immediatelyprovided it receives the affirmative vote of at least five members of Council,

or otherwise to take effect at the earliest period allowed by law, amendingvarious sections and enacting new chapters of the Codified Ordinances ofthe City of Lakewood in order to regulate medical marijuana cultivators, processors, dispensaries and testing laboratories in the City. ( Pg. 33)

13. Communication fiom Mayor Summers regarding Resiliency &

Sustainability. ( Pg. 58)

14. Communication from Mayor Summers regarding Winterhurst. ( Pg. 59)

15. Communication from Human Services Director Gelsomino regarding

Juvenile Diversion Program. ( Pg. 60)

16. Communication from Human Services Director Gelsomino regarding Title

III of the Older American' s Act, 2018 -19 Proposal. ( Pg. 61)

ITRESOLUTION NO. 8946 -17 — A RESOLUTION to take effect

immediately provided it receives the affirmative vote of at least fivemembers of Council, or otherwise to take effect and be in force after the

earliest period allowed by law, authorizing the Mayor or his designee toapply for and enter into an agreement with the Western Reserve AreaAgency on Aging for title III of the Older Americans Act, SeniorCommunity Services for the 2018 -2019 program years. ( Pg.62)

18. Communication from Fire Chief Gilman regarding Donation to LakewoodAlive. ( Pg.64)

3

19.RESOLUTION NO. 8947 -17 — A RESOLUTION to take effect

immediately provided it receives the affin- native vote of at least fivemembers of Council, or otherwise to take effect and be in force after the

earliest period allowed by law, authorizing and directing the Director ofFinance to purchase tools and smoke detectors in an amount not to exceed

500. 00 and to donate those tools and equipment to Lakewood Alive for the

purpose of installing smoke detectors in Lakewood homes that are in need ofthem. ( Pg. 65)

20. Communication from Planning and Development Director Sylvesterregarding SBA Municipal Matching Grant Program Cuyahoga CountyContract Authorization & Economic Development Fund Contracting

Authority. ( Pg. 67)

2LRESOLUTION NO. 8948 -17 - A RESOLUTION to take effect


earliest period allowed by law, authorizing and directing the Mayor to enterinto a grant agreement with the County of Cuyahoga for the operation of aLakewood -SBA Small Business Performance Grant Program, and approvingthe expenditure of an amount not to exceed $ 50,000. 00 from the economicdevelopment account within the General Fund for the purposes of the

program. ( Pg. 68)

22. Communication from City Engineer Papke regarding Ohio Public WorksCommission — Program Year 2018 ( Pg. 88)

23. RESOLUTION NO. 8949 -17 - A RESOLUTION to take effect


earliest period allowed by law, authorizing the Mayor of the City ofLakewood, or his designee, to prepare and submit an application to

participate in the Ohio Public Works Commission State CapitalImprovement Program, Local Transportation Improvement Program or anyother appropriate Ohio Public Works Commission program that these

projects qualify for and to execute contracts as required. ( Pg. 89)

0

r

Council at Large

RYAN P. NOWLINTHOMAS R. BULLOCK IIICINDY MARX

September 5, 2017

Lakewood City CouncilLakewood, OH 44107

12650 DETROIT AVENUE 44107 2161529- 6055 FAX 2161226 -3650w, am onelakewood.com

Lakewood City CouncilSAMUEL T. O' LEARY, PRESIDENT

DAVID ANDERSON, VICE PRESIDENT

Ward Council

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

Re: Health & Human Services Committee Report

Dear Colleagues,

The Health and Human Services Committee met on July 24, 2017 to learn more about Project SOAR, Supporting Opiates Addiction Recovery - a new program the City is supporting to slow the devastatingimpacts of opiate addiction in our community. Councilmember Litten was present as were Human ServicesDirector Gelsomino and Clinical Manager Katie Kurtz.

Project SOAR will implement a rapid response peer support model in which a trained peer support specialistin long term recovery will immediately be available to engage, support, and facilitate treatment forLakewood residents with addiction from three access points: Cleveland Clinic Lakewood EmergencyDepartment, Fire House 1, and the Lakewood Municipal Court Probation Office. With major support by theCity, the Alcohol, Drug Addiction and Mental Health Services ( ADAMHS) Board of Cuyahoga County isthe lead administrator of Project SOAR. Another Project partner, The Woodrow Project, a women' s recoveryhousing provider with one site in Lakewood, will oversee the hiring and training of the four peer supportspecialists.

Since the beginning of the opiate crisis the City has provided its first responders with Naloxone, the opiatereversal drug, hosted two community conversations, and aggressively pursued the illegal selling of opiates. However, it is clear from the continued rise in opiate - related deaths and overdoes in Lakewood that we needto do more. The City is hopeful that Project SOAR will reduce overdoses and fatalities and more effectivelyconnect people with addiction to treatment.

As Project SOAR is readying to launch October ]' t, it is important that we as councilmembers are preparedto advocate for this project and to disseminate information about it to neighbors and constituents in a waythat helps to reduce the stigma of substance abuse. Director Gelsomino and Ms. Kurtz are extremelycommitted to this initiative and are happy to review the details of it with anyone seeking additionalinformation.

S' Imo' rely,

C .. . Candy MCouncilmember At -Large

5

First Reading 7117/ 17 and Referred toPublic Safety Committee.

ORDINANCE NO. 29 - 17 BY:

AN ORDINANCE to take effect immediately provided it receives the affirmativevote of at least five members of Council, or otherwise to take effect at the earliest periodallowed by law, amending Section 549. 01, Definitions, of the Codified Ordinances of theCity of Lakewood in order to provide clarity for the regulation of weapons offenses within the Criminal Code,

WHEREAS, Section 549. 01 of the Code stands to be updated to make the criminal code definitions coequal with those found in the Ohio Revised Code; and

WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power of local self - government; and

WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and

WHEREAS, this Council by a vote of at least five of its members determines thatthis ordinance is an emergency measure and that it shall take effect immediately, as setforth in Article III, Sections 10 and 13 of the Second Amended Charter of the City ofLakewood, 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 in the best interest of the City to ensure its criminal code is immediately en- forceable; now, therefore

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO:

Section 1. Section 549. 01, Definitions, of the Lakewood Codified Ordinances, currently reading as follows:

549.01 DEFINITIONS.

As used in this chapter;

a) " Automatic firearm" means any firearm designed or speciallyadapted to fire a succession of cartridges with a single function of thetrigger.

b) ` Ballistic knife" means a knife with a detachable blade that is pro- pelled by a spring- operated mechanism.

c) " Chief of Police" means the Chief of the Lakewood Division ofPolice or his designee.

d) " Commercial District" is established to provide for commercial

uses that generally require independent, free - standing buildings, largerparking areas, and may have unique traffic patterns because of suchfactors as drive -in facilities.

e) " Dangerous ordnance" means any of the following, except as provided in subsection ( f) hereof:

1) Any automatic, semi- autoratic or sawed -off firearm, zip -gun orballistic knife;

2) Any explosive device or incendiary device;

3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid and other high explosives, amatol, tritonal, tetrytol, pento- lite, pecretol, cyclotol, and other high explosive compositions; plasticexplosives; dynamite, blasting gelatin, gelatin dynamite, sensitizedammonium nitrate, liquid- oxygen blasting explosives, blasting powderand other blasting agents; and any other explosive substance havingsufficient brisance or power to be particularly suitable for use as military explosive, or for use in mining, quarrying, excavating or demoli- tions;

4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo or similar weapon, designed and manufactured formilitary purposes, and the ammunition for that weapon;

5) Any firearm, muffler or silencer;

6) Any combination of parts that is intended by the owner for use inconverting any firearm or other device into a dangerous ordnance.

f) " Dangerous ordnance" does not include any of the following:

1) Exemptions covered by Section 549. 98;

2) Any firearm, including a military weapon and the ammunition forthat weapon, and regardless of its actual age, which employs a percus-

sion cap or other obsolete ignition system, or which is designed andsafe for use only with black powder;

3) Any pistol, rifle or shotgun, designed or suitable for sporting purposes, such as hunting or marksmanship competitions, unless the firearm is an automatic or sawed -off firearm;

4) Any cannon or other artillery piece which, regardless of its actualage, is of a type in accepted use prior to 1887, has no mechanical, hy- draulic, pneumatic or other system for absorbing recoil and returningthe tube into battery without displacing the carriage, and is designedand safe for use only with black powder;

5) Black powder, priming quills and percussion caps possessed andlawfully used to fire a cannon of a type defined in paragraph ( f)(4)

hereof during display, celebrations, organized matches or shoots, andtarget practice, and smokeless and black powder, primers, and percus-

sion caps possessed and lawfully used as a propellant or ignition devicein small -arms or small -arms ammunition;

6) Dangerous ordnance which is inoperable or inert and cannot readily be rendered operable or activated, and which is kept as a trophy, souvenir, curio or museum piece;

7) Any device which is expressly excepted from the definition of adestructive device pursuant to the " Gun Control Act of 1968," 82 Star. 1213, 18 U.S. C. 921( A)(4), as amended and regulations issued underthat Act.

g) " Deadly weapon" means any instrument, device, or thing capableof inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried or used as a weapon.

h) " Dealer" means any person, firm or corporation licensed by theFederal Bureau of Alcohol, Tobacco and firearms engaged in the business of selling or trading handguns at wholesale or retail within the limits of the City, whether as the principle business of such person, firm orcorporation, or in addition thereto.

i) " Explosive device" means any device designed or speciallyadapted to cause physical harm to persons or property by means of anexplosion, and consisting of an explosive substance or agency and ameans to detonate it. " Explosive device" includes, without limitation, any bomb, any explosive demolition device, any blasting cap or detona- tor containing an explosive charge, and any pressure vessel which hasbeen knowingly tampered with or arranged so as to explode.

0) " Firearm" means any deadly weapon capable of expelling or pro- pelling one or more projectiles by the action of an explosive or com- bustible propellant. " Firearm" includes an unloaded firearm and anyfirearm which is inoperable but which can readily be rendered operable.

k) " Handgun" means any pistol, revolver or other firearm, having abarrel not exceeding twelve inches in length, measured by the insertionof a rod with the receiver or slide closed, or the barrel, receiver or anypart of the firing mechanism of such weapons, which is designed toeject or propel a projectile by the action of an explosive or combustiblepropellant, but does not include inoperable handguns which cannot berendered operable, curios, relics or antique handguns as presently orhereafter defined in Title 26, Part 178 of the Code of Federal Regula- tions, Commerce in Firearms.

1) " Incendiary device" means any firebomb and any device designedor specially adapted to cause physical harm to persons or property bymeans of fire and consisting of an incendiary substance or agency and ameans to ignite it.

m) " Nonresident" means any person who does not have a place ofresidence within the limits of the City ofLakewood.

n) " Person" means any individual, corporation, company, association, firm, partnership, club or society, including wholesale and retain gundealers.

o) " Registration receipt" means a handgun registration receipt issuedpursuant to Section 549. 25.

p) " Resident" means any person who has a place of residence withinthe limits of the City ofLakewood.

q) " Retail District" is established to provide standards for the continued operation of small commercial establishments. This district wouldpermit those retail uses that typically locate side by side to create ashopping environment that encourages pedestrian interaction betweenstores and where stores thrive on being adjacent to other retail uses.

r) " Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesignedand made or remade to use the energy of the explosive in a fixed metal- lic cartridge to fire only a single projectile through a rifled bore foreach single pull of the trigger.

s) " Sawed -off firearm" means a shotgun with a barrel less than eight- een inches long, or a rifle with a barrel less than sixteen inches long, ora shotgun or rifle less than twenty -six inches long overall.

t) " Semi- automatic firearm" means any firearm designed or speciallyadapted to fire a single cartridge and automatically chamber a succeed-

ing cartridge ready to fire, with a single function of the trigger.

u) " Shotgun" means a firearm, whether or not it is intended to befired from the shoulder, that is designed or redesigned, made or remade, to fire a fixed shotgun shell.

v) " Zip -gun" means any of the following:

1) Any firearm of crude and extemporized manufacture;

2) Any device, including, without limitation, a starter' s pistol, not designed as a firearm, but which is specially adapted for use as a firearm;

3) Any industrial tool, signaling device or safety device, not designedas a firearm, but which as designed is capable of use as such, whenpossessed, carried or used as a firearm.

shall be and hereby is repealed, and new Section 549. 01, Definitions, of the LakewoodCodified Ordinances is enacted to read as follows:

549. 01 DEFINITIONS.

As used in this chapter;

a) " Automatic firearm" means any firearm designed or speciallyadapted to fire a succession of cartridges with a single function of thetrigger.

b) ` Ballistic knife" means a knife with a detachable blade that is pro- pelled by a spring- operated mechanism.

c) " Chief of Police" means the Chief of the Lakewood Division ofPolice or his designee.

d) " Commercial District" is established to provide for commercial

uses that generally require independent, free - standing buildings, largerparking areas, and may have unique traffic patterns because of suchfactors as drive -in facilities.

e) " Dangerous ordnance" means any of the following, except as provided in subsection ( f) hereof:

1) Any automaticserm-amro°"^ or sawed -off firearm, zip -gun, orballistic knife;

2) Any explosive device or incendiary device;

3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid and other high explosives, amatol, tritonal, tetrytol, pento- lite, pecretol, cyclotol, and other high explosive compositions; plasticexplosives; dynamite, blasting gelatin, gelatin dynamite, sensitizedammonium nitrate, liquid- oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance havingsufficient brisance or power to be particularly suitable for use as mili-

tary explosive, or for use in mining, quarrying, excavating, or demoli- tions;

4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo or similar weapon, designed and manufactured formilitary purposes, and the ammunition for that weapon;

5) Any firearm_,— muffler or eilencefsuppressor;

6) Any combination of parts that is intended by the owner for use inconverting any firearm or other device into a dangerous ordnance.

t) " Dangerous ordnance" does not include any of the following:

1) Exemptions covered by Section 549.98;

2) Any firearm, including a military weapon and the ammunition forthat weapon, and regardless of its actual age, which employs a percus-

sion cap or other obsolete ignition system, or which -that is designedand safe for use only with black powder;

3) Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, sueh as haunting ormarksmanship oo petit`"°° including a mili-

tary weapon as issued or as modified and the ammunition for thatweapon, unless the firearm is an automatic or sawed -off firearm;

4) Any cannon or other artillery piece which, regardless of its actualage, is of a type in accepted use prior to 1887, has no mechanical, hy- draulic, pneumatic or other system for absorbing recoil and returning

M

the tube into battery without displacing the carriage, and is designedand safe for use only with black powder;

S) Black powder, priming quills and percussion caps possessed andlawfully used to fire a cannon of a type defined in paragraph ( i)(4) hereof during displays, celebrations, organized matches or shoots, andtarget practice, and smokeless and black powder, primers, and percus-

sion caps possessed and lawfully used as a propellant or ignition devicein small -arms or small -arms ammunition;

6) Dangerous ordnance which is inoperable or inert and cannot readily be rendered operable or activated, and which is kept as a trophy, souvenir, curio, or museum piece;

7) Any device whichAhat is expressly excepted from the definition ofa destructive device pursuant to the " Gun Control Act of 1968," 82Stat. 1213, 18 U.S. C. 921( A)(4), as amended and regulations issuedunder that Act.

g) " Deadly weapon" means any instrument, device, or thing capableof inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried or used as a weapon.

h) " Dealer" means any person, firm or corporation licensed by theFederal Bureau of Alcohol, Tobacco and firearms engaged in the business of selling or trading handguns at wholesale or retail within the limits of the City, whether as the principle business of such person, firm orcorporation, or in addition thereto.

i) " Explosive device" means any device designed or speciallyadapted to cause physical harm to persons or property by means of anexplosion, and consisting of an explosive substance or agency and ameans to detonate it. " Explosive device" includes, without limitation, any bomb, any explosive demolition device, any blasting cap or detona- tor containing an explosive charge, and any pressure vessel which -thathas been knowingly tampered with or arranged so as to explode.

0) " Firearm" means any deadly weapon capable of expelling or pro- pelling one or more projectiles by the action of an explosive or com- bustible propellant. " Firearm" includes an unloaded firearm and anyfirearm which is inoperable but which can readily be rendered operable.

k) " Handgun" means any b

barrel exppediug 1 inches in length, Fare i i the glide Plosed, r the barrel FRPiVer r —alms

F H firing 4

n ...

l, i et, . 7rt.. i. med_tgP b

mechanism Y

crdPof an

epFopeflafit, but does not irnlude.

rendered Y 1 1 curios, relies oF .. tin haii g nc- as- preaeghereafter dofined in Ti 1 1 Part 178 F the, Code. o fTedera

D l^

lions, conampree in Fire^ of the following:

1) Any firearm that has short stock and is designed to be held andfired by the use of a single hand;

11

2) Any combination ofparts from which a firearm of a type describedin division ( k)( 1) can be assembled.

1) " Incendiary device" means any firebomb, and any device designedor specially adapted to cause physical harm to persons or property bymeans of fire, and consisting of an incendiary substance or agency anda means to ignite it.

m) " Nonresident" means any person who does not have a place ofresidence within the limits of the City of Lakewood.

n) " Person" means any individual, corporation, company, association, firm, partnership, club or society, including wholesale and retain gundealers.

o) " Registration receipt" means a handgun registration receipt issuedpursuant to Section 549.25.

p) " Resident" means any person who has a place of residence withinthe limits of the City of Lakewood.

q) " Retail District" is established to provide standards for the continued operation of small commercial establishments. This district wouldpermit those retail uses that typically locate side by side to create ashopping environment that encourages pedestrian interaction betweenstores and where stores thrive on being adjacent to other retail uses.

r) " Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesignedand made or remade to use the energy of the explosive in a fixed metal- lic cartridge to fire only a single projectile through a rifled bore foreach single pull of the trigger.

s) " Sawed -off firearm" means a shotgun with a barrel less than eight- een inches long, or a rifle with a barrel less than sixteen inches long, ora shotgun or rifle less than twenty-six inches long overall.

t) " Semi- automatic firearm" means any firearm designed or speciallyadapted to fire a single cartridge and automatically chamber a succeed- ing cartridge ready to fire, with a single function of the trigger.

u) " shotgun" means a firearm, whether or not it is intended to befired from the shoulder, that is designed or redesigned, made or remade, to fire a fixed shotgun shell.

v) " Zip -gun" means any of the following:

1) Any firearm of crude and extemporized manufacture;

2) Any device, including, without limitation, a starter' s pistol, not designed as a firearm, but which is specially adapted for use as a firearm;

3) Any industrial tool, signaling device or safety device, not designedas a firearm, but which as designed is capable of use as such, whenpossessed, carried or used as a firearm.

12

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 ofthis Council and that all such deliberations of this Council and of any of its committeesthat resulted in such formal action were in meetings open to the public in compliancewith 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 anddefined in its preamble, and provided it receives the affirmative vote of at least fivemembers of Council this ordinance shall take effect and be in force immediately, or otherwise it shall take effect and be in force after the earliest period allowed by law.

Adopted:

Approved:

13

PRESIDENT

CLERK

MAYOR

First Reading & Referred to the Finance

Committee 7/ 17/ 17.

ORDINANCE NO. 30 - 17 BY:

AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five ( 5) members of Council, or otherwise to take effect and be in force after the earliestperiod allowed by law, law authorizing the transfer and advance of certain funds.

WHEREAS, this Council by a vote of at least five (5) of its members determines that thisordinance is an emergency measure, and that this ordinance shall take effect at the earliest datepossible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of theCity of Lakewood, and that it is necessary for the immediate preservation of the public peace, property, health and safety, and to provide for the usual daily operation of municipal departmentsto provide for the usual daily operation of the City in that the City must record all financialtransactions within the appropriate fiscal period. Now therefore,

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO

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

14

2017

3rd Quarter

Fund Transfers Out Transfers In

101 General Fund 240, 068

Special Revenue Funds

250 Office on A in 1116172, 500

Internal Service Funds

600

601

Hospitalization

Workers' Compensation

63, 333

4, 234

Debt Service Payments

101 General Fund ( HB 300 Lease) 55, 000

211 SCMR (HB 300 Lease) 6, 250

26o 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 Parkin ( HB 300 Lease) 1, 125

530

301

Winterhurst ( HB 300 Lease)

Debt SenAce Fund

20,000

106,038

512

301

WWTP Improvements

Debt Servce Fund

450,000

450, 000

14

Section 2. It is found and determined that all formal actions of this Council concerningand relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in suchformal action were in meetings open to the public in compliance with all legal requirements.

Section 3. This ordinance is hereby declared to be an emergency measure necessary forthe immediate preservation of the public peace, property, health, safety and welfare in the Cityand for the usual daily operation of the City for the reasons set forth and defined in the preamble, and provided it receives the affirmative vote of at least five ( 5) of members of Council, thisordinance shall take effect and be in force immediately upon its adoption by the Council andapproval by the Mayor otherwise, it shall take effect and be in force after the earliest periodallowed by law.

Adopted:

Approved:

15

President of Council

Clerk of Council

Mayor

Ili

Council at Large

RYAN P. NOWLINTHOMAS R. BULLOCK IIICINDY MARX

September 5, 2017

Lakewood City CouncilLakewood, OH 44107

12650 DE fROET AVENUE 44107 216( 529 -6055 FAX 2161226 -3650

ako o od City CountLEL T. O' 0 City CouncilSAMUEL T. O'

ON, VI

PRESIDENT

DAVID ANDERSON, VICE PRESIDENT

Ward Council

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

Re: Introduction to Ms. Gina Gavlak, President and CEO of North Coast Health

Dear Colleagues and members of the community,

I am pleased to introduce to you Ms. Gina Gavlak, President and CEO of North Coast Health. For overthirty years North Coast Health has been providing high quality health services to the most vulnerablemembers of our community including uninsured, underinsured, and low income populations.

Under the leadership of Ms. Gavlak, North Coast has completed its transformation from providingepisodic care to a full range of primary care, earning national recognition as a Patient Centered MedicalHome. In addition to primary care, North Coast provides a wide range of services ranging from creativearts therapy to smoking cessation counseling and classes. All services are provided regardless of anindividual' s ability to pay. In 2015, North Coast served 2, 193 patients, the majority of whom live inLakewood.

Despite the implementation of the Affordable Care Act, access to affordable care remains out of reachfor many. Sixty -six percent of patients report that without North Coast Health, they would have nowhereelse to go. We are so fortunate to have North Coast Health here in Lakewood to help address thispersistent need of our residents.

I respectfully request that Council move to refer this communication to the Health and Human ServicesCommittee so that we can continue to educate ourselves about this unique and critical resource in ourcommunity. At this time I would like to invite Ms. Gavlak to briefly address Council.

Councilmember At -Large

16

r

Council at Large

RYAN P. NOWLINTHOMAS R. BULLOCK III

CINDY MARX

September 5"', 2017

12650 DETROIT AVENUE 44107 2161529 -6055 FAX 2161226 -3650www,onelakewood.com

Lakewood City CouncilSAM O' LEARY, PRESIDENT

DAVID W. ANDERSON, VICE PRESIDENT

Dear Fellow Councilmembers:

Ward Council

DAVID W. ANDERSON, WARD 1SAM O' LEARY, WARD 2JOHN LITTEN, WARD 3

DANIEL J. O' MALLEY, WARD 4

On May 1St, I submitted a communication to you asking that Lakewood' s archaic tattooing regulations berevisited, with the hope that our current law be replaced with something more reasonable.

Chairperson Marx convened a meeting of Council' s Health & Human Services Committee in June. Present at that meeting were a number of industry professionals, experts, representatives from theCounty Board of Health, as well as city officials. Best industry practices as well as possible implicationsof this change in law were discussed in what was a very productive meeting.

I have since worked with various departments toward an ordinance that will sensibly permit tattooingbusinesses to exist in our city. I am introducing that ordinance this evening. Among its mandates are thatbody art business owners in our city possess a requisite amount of experience, that professionals use safeneedle practices and materials, and that these businesses not exist within 1, 000 feet of each other.

Please refer this ordinance to the appropriate committee for further consideration. Please also refer thisordinance to the Planning Commission as required by our charter.

Sincerely,

Daniel J. O' MalleyCouncilmember, Ward 4

17

ORDINANCE NO. BY:

AN ORDINANCE repealing Chapter 1793, Tattooing, amending Schedule1129. 02, Permitted Uses in Commercial Districts, and creating new Section1161. 03( XX), Supplemental Regulations for Specific Uses ( Body Art Establishments), ofthe Codified Ordinances of the City of Lakewood in order to permit tattoo studios as aconditional use in commercial districts within the City of Lakewood.

WHEREAS, the Codified Ordinances stand to be amended to permit tattoo studios, the code' s regulation of which was last substantively updated in 2008; and

WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power of local self - government; and

WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; now, therefore


Section 1. Chapter 1793, Tattooing, of the Lakewood Codified Ordinances, currently reading as follows:

CHAPTER 1793

Tattooing

1793.01 DEFINITIONS.

As used in this chapter:

a) " Tattoo ", " tattooed" or " tattooing" refer to any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin withink or any other substance resulting in the coloration of the skin by the aid ofneedles or any other instruments designed to touch or puncture the skin.

b) " Tattoo establishment" means the location wherein tattooing is performed.

c) A tattoo establishment will not be considered a Type B Home Occupationand shall be limited to a Commercial District.

1793. 02 REQUIREMENTS.

Each person who operates a tattooing establishment shall comply with the requirements as stated in Ohio Administrative Code Chapter 1307 -9 and the following requirements:

a) Tattooing must be performed by a medical doctor licensed to practice medicine in the State of Ohio, or by an operator under the direction and supervisionof a medical doctor licensed to practice medicine in the State of Ohio.

b) Any medical doctor retained by a tattoo establishment pursuant to subsection ( a) hereof, shall annually register with the Mayor or Director of Public Safe- ty of the City of Lakewood prior to performing or supervising tattoo operations.

c) Any person who violates subsection ( a) hereof is guilty of a misdemeanor ofthe first degree. Subsection ( a) hereof shall be enforced by the Director ofPublicSafety or designee, the Division of Police, or any public health official.

1793. 03 RECORD KEEPING.

Permanent records of each patron or customer shall be maintained by the licensee or operator of the establishment. Before the tattooing operation begins, thepatron or customer shall be required to enter, on a record form provided for suchestablishments, the date, his or her name, address, age, and his or her signature.

This data will be verified by requiring the patron to produce a valid state driver' slicense or other form of picture identification. The physician performing or su-

pervising the tattoo must affix his/ her name to the record form and sign a statement verifying the performance of the duties required under this Chapter. Suchrecords shall be maintained in the tattoo establishment and shall be available forexamination by the Mayor or Director of Public Safety. Records shall be retained by the operator or licensee for a period of not less than five (5) years. Inthe event of a change of ownership or closing of the business, all such recordsshall be retained by the proprietor and made available to the Mayor or Directorof Public Safety upon request.

1793.99 PENALTY

a) The provisions of this chapter shall apply to all tattoo establishments and /or

tattoo operators which are currently in existence, or which may come into existence after the effective date of this chapter. The provisions of this chapter shall

not apply to a physician licensed to practice medicine in the State of Ohio whois tattooing for a medical purpose.

b) In the event of conflict between any provisions of this chapter or the OhioRevised Code, including any rules and regulations adopted pursuant to thischapter or the Ohio Revised Code, and any provisions of City ordinances, including any rules and regulations adopted pursuant to such ordinances, that provision or ordinance which establishes the higher standard for the promotion orprotection of the health or safety of the people shall govern.

c) whoever violates this regulation shall be subject to the penalties of OhioRevised Code 3709. 99 or Ohio Revised Code 3707. 02, unless otherwise specified in this chapter

is hereby repealed.

Section 2. Schedule 1129. 02, Permitted Uses in Commercial Districts, currentlyreading as follows:

19

SCHEDULE 1129. 02: PERMITTED USES IN COMMERCIAL DISTRICTS

C3 C4Cl C2

GENERAL PUBLIC

OFFICE RETAIL BUSINESS SCHOOL

RESIDENTIAL

Single- Family /Two- Family DwellingsC

Multi- Family DwellingsC' C`

C1

Mixed Use Structure P P P C

Hotels/motelsP C

Groups/Convalescent/Nursing/Assisted Living C C P C

Day -Care Centers ( 6+ children) P P P C

Bed and Breakfast Establishment C C C C

INSTITUTIONAL

Funeral Homes C P C

Places of Worship C C C C

Elementary /Secondary Schools P P P C

TradeNocational Schools C PC7

Colleges C P P C

Libraries C P P C

Hospitals C C P C

Public Parks and Playgrounds C C C C

Parking Facility as a Principal Use P P P C,

ENTERTAINMENT

Indoor Commercial Recreation C P C

Theaters, Banquet Hall, Party Center C P C

Studios for Instruction P P C

Fraternal Organizations C P C

Museum/Art Gallery P P P C

Auditorium C P C

FOOD AND BEVERAGE SERVICES

Restaurant seated Table ServicePZ

P P C

Restaurants — Fast FoodC2

P PCZ

Bar, Tavern, NightclubCZ

P PCZ

20

Outdoor /Seasonal Dining FacilityC3

C3

C' C3.

PROFESSIONAL SERVICES

Offices Including:

C2 C3

Business, Medical, and Government P P P C

Medical Clinics /Urgent Care Facility C C P 7C

Radio /TV/Video /Audio Production C C P C

21

TOF- Cl C2 C3

RE-

GENERAFICEEPUB

TAIL BUSINES

RETAIL /SERVICE USES

General Retail Including:

Book and Stationery Stores, P P P C'

Apparel Stores, Florists, P P PC7

Antique Stores, Sporting Good Stores P P PC7

Jewelry Stores, P P P C

Second Hand and Resale Stores, P P P C'

Specialty Gift Stores, P P P C'

Retail Variety Stores, and P P P C

Floor Coverings. P P PC7

Media Stores P° Pa

P" C'

Sexually Oriented Businesses Including:

Adult Arcades, P5 P5 P5

Adult Cabarets, P5 P5 P5

Adult Media Stores, p5 p5 Ps

Adult Novelty Stores, 6PS PS

Ps

Adult Motion Picture Theaters, P5 P5 P5

Adult Theaters, PS PS

Ps

Nude Model Studios, P5 P5 P5

Sexual Encounter Centers, p5 P5

P5

Any combination of above. P5 P5 P5

Service Retail, Including:

Printing Services, C Z P P C 2, 7

21

Shoe Repair, c2

P P C 2, 7

Photographic Studios, C 2 P P C 2, 7

Tailoring, Dress Making and C 2 P P C 2. 7

Dry Cleaning, C 2 P P C 2, 7

Upholstery. C 2 P P C 2, 7

Convenience Retail, Including:

Bakeries, Grocery, P P P C

Supermarkets, P P P C

Beverage Stores including P P P C

Liquor, Film/Video Rental, and Drug Stores. P P P C

W)

C1 C2 C3C4

PUBLIC

OF- RE- GENERAL SCHOOFICE TAIL BUSINESS

L

Hard Goods Retail Including:

Automotive Part and Supplies, P PCn

Furniture Sales, P PCn

Hardware and Locksmith Services, P P C

Garden Supplies, Nurseries, P P C

Lumber and Building Supplies, P P - C

Appliance Repair and Sales, and P PCn

Display and Showrooms for any P PCn

Building Product. P PCn

Personal Care Services Including:

Barber and Beauty Shops, c2

P P C 2, 7

Cosmetology and Cosmetic Salons, c2

P P C 2, 7

Diet Counseling Centers, C 2 P P C 2, 7

Electrolysis Services, C 2 P P C 2' 7

Fingernail and Tanning Salons, and C 2 P P C 2, 7

Massotberapy Services. C 2 P P C 2, 7

OTHER RETAIL /SERVICES Including:

Ani nal Clinics /Hospitals, C P C

Veterinarian If and C P C'

W)

Grooming Services. C P

LAUNDROMAT

INDUSTRIAL Including:

P P C

STORAGE WHOLESALElUTILITY Including:

Warehousing,

Assembly, and/ or Packaging Plant.

C

C

Wholesale Trade Operations,

Light Industrial ( as above, no more than 1, 000

sg. ft. or five [ 5] employees.)

C

P

Self- Storage Facility. C

AUTOMOTIVE SERVICES

Gasoline Service Station

C

C P

Motor Vehicle Sales and Leasing C P

Motor Vehicle Repair Shop C C

Motor Vehicle Rental or Leasing Agency C C C

Motor Veh cle Washing /Detailing Facility C C

SCHEDULE 1129. 02: PERMITTED USES IN COMMERCIAL DISTRICTS (Cont.)

Cl

OFFICE

C2

RETAIL

C3

GENERAL

BUSINESS

C4

PUBLIC

SCHOOL


Manufacturing, Processing, C

Assembly, and/ or Packaging Plant. C

Light Industrial ( as above, no more than 1, 000

sg. ft. or five [ 5] employees.) C P

DRIVE- THROUGH FACILITY C C C

is hereby repealed.

Section 3. New Schedule 1129.02, Permitted Uses in Commercial Dis-

tricts, is hereby enacted to read as follows:


C3 C4C1 C2

GENERAL PUBLICOFFICEO RETAIL BUSINESS SCHOOL

RESIDENTIAL

Single- Family /Two - Family Dwellings T C

23

Multi - Family Dwellings - C' C`

Cr


Hotels/MotelsP C

Groups/Convalescent/Nursing/Assisted Living C C PC7

Day -Care Centers ( 6+ children) P P P C


INSTITUTIONAL

Funeral HomesC P

C7

Places ofWorshipC C C

C7


Trade/Vocational SchoolsC P C

Colleges C P P C'

LibrariesC P P C'

Hospitals C C p C

Public Parks and Playgrounds C C CC7

Parking Facility as a Principal Use P P p C

ENTERTAINMENT

Indoor Commercial Recreation C p C

Theaters, Banquet Hall, Party CenterC P

C7

Studios for InstructionP p C

Fraternal OrganizationsC P C'

Museum/ Art GalleryP P P C

AuditoriumC p C


Restaurant seated Table ServicePz

P P C

Restaurants —Fast FoodCZ

P pCz

Bar, Tavern, NightclubCz P P

Cz

a 3. 7

Outdoor /Seasonal Dining Facility I C' C t


Offices Including:


Medical Clinics/ Urgent Care Facility C C P C'

Radio /TV/Video /Audio Production C C PC7

NO

Tailoring, Dress Making and C, P P U

Dry Cleaning, C

Z P P C 2, 7

Upholstery. CZ

P PCZ'

Body Art Establishment C C C

25

C4CI C2 C3

PUBLIC

OF- RE- GENERAL SCHOOFILE TAIL BUSINESS

L



Book and Stationery Stores, P P C'

Apparel Stores, Florists, To P P C

Antique Stores, Sporting Good Stor P P C

Jewelry Stores, P P C

Second Hand and Resale Stores, P P P C

Specialty Gift Stores, P P P C

Retail Variety Scores, andP P P C

Floor Coverings. P P PC7

Media Stores P° P° P4

C7

Sexually Oriented Businesses Including.'

Adult Arcades, PS

Ps Ps

Adult Cabarets, P5 P5

P5

Adult Media Stores, p5

P5 P5

Adult Novelty Stores,bP5 P5

P5

Adult Motion Picture Theaters, P5

P5 P5

Adult Theaters, p5 p5

Ps

Nude Model Studios, ps P P

Sexual Encounter Centers, p5 P5

P5

Any combination of above. p5

PS PS


Printing Services, C2 P P C Z'

Shoe Repair, c2

P P C Z''

Photographic Studios, C 2 P P C 2, 7

Tailoring, Dress Making and C, P P U

Dry Cleaning, C

Z P P C 2, 7

Upholstery. CZ

P PCZ'

Body Art Establishment C C C

25


Bakeries, Grocery, P P P

Supermarkets, P P

PUBLIC

HcBeverage Stores including P P

SCHOO

Liquor, Film /Video Rental, and Drug Stores. P P

L

P

C4CI C2 C3

PUBLIC

OF- RE- GENERAL SCHOOFICE TAIL BUSINESS

L


Automotive Part and Supplies, P P C'

Furniture Sales, P P C

Hardware and Locksmith Services, P P C'

Garden Supplies, Nurseries, P P C'

Lumber and Building Supplies, P P C'

Appliance Repair and Sales, and P P C

Display and Showrooms for anyP P C

Building Product. P P C'


Barber and Beauty Shops, C2 P P

C2''

Cosmetology and Cosmetic Salons, c2

P P C 2''

Diet Counseling Centers, C2

P PC2''

Electrolysis Services, C2

P PC2''

Fingernail and Tanning Salons, and C 2 P P 2'' C

Massotherapy Services. C2

P PC2''

OTHER RETAIL/SERVICES Including:

Animal Clinics/Hospitals, C p

Veterinarian Offices, andC p

Ac7

Grooming Services. C P

LAUNDROMATP P C'

STORAGE WHOLESALE/ IITILITY Including:

Warehousing, C

Wholesale Trade Operations, C

P

Self- Storage Facility.

Cl

OFFICE

C

C3

GENERAL

BUSINESS

AUTOMOTIVE SERVICES

Gasoline Service Station

Manufacturing, Processing,

C P

C

Motor Vehicle Sales and Leasing

Assembly, and / or Packaging Plant.

C P

C

Motor Vehicle Repair ShopC C

Motor Vehicle Rental or Leasing Agency C C C

Motor Vehicle Washing/Detailing Facility C C

SCHEDULE 1129. 02: PERMITTED USES IN COMMERCIAL DISTRICTS (Cont.)

Cl

OFFICE

C2

RETAIL

C3

GENERAL

BUSINESS

C4

PUBLIC

SCHOOL



Assembly, and / or Packaging Plant. C

Light Industrial (as above, no more than 1, 000

sq.ft. or five [ 51 employees.) C p

DRIVE - THROUGH FACILITY C C C

Section 3. New Subsection 1161. 03( XX), Supplemental Regulations for SpecificUses ( Body At Establishments), is hereby enacted to read as follows:

1161. 03 SUPPLEMENTAL REGULATIONS FOR SPECIFIC USES.

In addition to the general standards established in Section 1161. 02, the following specific conditions shall apply to each use or class of uses listed in this Sec- tion 1161. 03. Nothing in this Section shall prohibit the Commission from pre- scribing supplementary conditions and safeguards in addition to these requirements, or where no specific conditions are stated.

XX) BodyArt Establishments. In a C1 Office, C2 Retail or C3 General Busi- ness District a body art establishment may be a conditionally permitted use provided that:

1) The body art establishment meets all requirements regulating such establishments and services as prescribed by the Ohio Administrative Code;

2) In addition to the requirements of the Ohio Administrative Code, the bodyart establishment shall only use single -use marking instruments, microbladingpens, containers for ink, pigment or dyes, and any other equipment that is avail-

27

able for single use and shall not autoclave, sterilize or reuse any equipment

which is available as a single -use item;

3) The owner of the establishment shall be a body artist as qualified under theOhio Administrative Code with not less than three years' documentable experience not including any apprenticeship period;

4) No body art establishment shall be located within 1, 000 feet of another bodyart establishment;

5) A smoking area shall be provided behind the establishment and clients andemployees shall be encouraged to use the designated smoking area; and

6) Time - limited or special -event body art establishments shall not be permitted.

Section 4. It is found and determined that all formal actions of this Council con - cerning and relating to the passage of this ordinance were adopted in an open meeting ofthis Council and that all such deliberations of this Council and of any of its cormnitteesthat resulted in such formal action were in meetings open to the public in compliancewith all legal requirements.

Adopted:

Approved:

M

PRESIDENT

CLERK

MAYOR

RESOLUTION NO. BY:

A Resolution to formally identify agreed -upon priorities that Council would like to see reflectedin the 2018 budget.

WHEREAS, in recent years the Administration has taken charge of compiling the annualbudget book and related appropriations ordinances; and

WHEREAS, with the support and encouragement of the Administration and all ofCouncil, the Finance Committee initiated a series of meetings this September with the expressedgoal of engaging Councilmembers early and actively in the budget process; and

WHEREAS, Councilmembers considered a number of proposed ideas for projects andpolicies to benefit the community, evaluated them by criteria such as alignment with City goals, achievability, and the number of residents benefrtted, among many others; and

WHEREAS, at the culmination of this series of meetings, Council expressed support forthe priorities included in the accompanying attachment( s); and

WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio RevisedCode, municipalities have the power of local self - government, and the power to enact laws thatare for health, safety, and welfare; now, therefore

BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO:

Sectionl. That this Council hereby establishes as among its preliminary priorities for the2018 Fiscal Year and those policies, projects, and initiatives included in the attachment andrequests the Administration consider these priorities in preparing its the budget book andaccompanying budget and appropriations legislation for Fiscal Year 2018.

Section 2. It is found and determined that all formal actions of this Council concerningand relating to this Resolution were adopted in an open meeting ofthis Council, and that alldeliberations ofthis Council and of any of its committees that resulted in such fonmal actionswere in meetings open to the public in compliance with all legal requirements, including Section121. 22 of the Ohio Revised Code.

Section 3. The Clerk of Council is hereby authorized and directed to forward a certifiedcopy of this resolution to the Mayor and a copy of this Resolution shall be spread upon theminutes of this meeting.

Adopted:

29

President

Clerk

Mayor

Attachment A

to be included)

30

ya

August 30, 2017

12650 DETROIT AVENUE e 44107 • 216/ 521 -7580• fax 2161521 -1379W ebsite: www.onelakewood. com

MICHAEL SUMMERS

MAYOR

Lakewood City Council Members

Re: Medicinal Marijuana Control Program

Dear Members of Council,

The State of Ohio has legalized medicinal marijuana and as you know it is in the process offinalizing its Medical Marijuana Dispensary Rules and must finalize the Medical MarijuanaControl Program and be operational in September. Additionally, the City moratorium is set toexpire on or about September 15, 2017. During this moratorium period, both the cityadministration and city council have studied the State' s proposed medicinal marijuanalegislation and how it could affect the city and its laws and ordinances should the moratorium belifted.

It was of great concern for me to prevent irresponsible business owners from entering this newmarket and setting up shop in Lakewood, and to understand further the State of Ohio rules andregulations; so I supported the moratorium. As we have studied the State of Ohio' s proposals wehave reviewed what other states have done and we have spoken to individuals looking to be apart of various aspects of this medicinal marijuana business. We have discovered variousmethods through zoning and legislation to protect our community. Part of the economic costincorporated into the attached proposed legislation is to encourage only serious applicants

willing to pay the cost of doing business and abide by the structure set up to protect thecommunity and individuals. Levying economic costs is an approach used in other areas of ourgovernment, for example, a sales tax on cigarettes and alcohol. The revenue generated is addedto the city budget to address other human service needs.

Attached is a recommended approach in legislation that the city might take should it determineto allow the moratorium to lapse on expiration. The attached proposed legislation acknowledgesthe reality of actions by the State of Ohio and its impact on our community. It further addressessafety and regulatory concerns and it harnesses some of the economic benefits of this newbusiness and directs specific resources to our government to be used to address other communityconcerns. Finally, it addresses the fact that the State of Ohio' s legalization of marijuana is formedicinal purposes and available only through a physician' s referral.

Based on its original time -line, the State of Ohio is expected to finalize its Dispensary Rules thisSeptember. It is therefore the recommendation that the city collectively takes a fast trackapproach to review this legislation to meet impending state regulatory deadlines.

C. 31

I ask that you refer this letter to the appropriate council committee and to Planning Commission forfurther consideration and to address zoning implications. Respectfully I further ask that said councilcommittee and Planning commission meet prior to the next city council meeting if possible.

Thank you for your consideration.

Very truly yours,

441,.. I_ Michael P. Summers

32

ORDINANCE NO. BY:

AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five members of Council, or otherwise to take effect at the earliest period allowed by law, amending various sections and enacting new chapters of the Codified Ordinances of the City ofLakewood in order to regulate medical marijuana cultivators, processors, dispensaries and testinglaboratories in the City.

WHEREAS, on September 8, 2016, Ohio House Bill 523 ( codified in Ohio Revised CodeChapter 3796) took effect, codifying a statewide medical marijuana control program under whichlicensed medical marijuana cultivators, processors, dispensaries and testing laboratories couldlegally operate within the state; and

WHEREAS, the City has the power to regulate and license medical marijuana entitiespursuant to Ohio Revised Code Chapter 3796 and pursuant to its exercise of police powers infurtherance of the health, safety and general welfare of the residents of the City; and

WHEREAS, this Council has determined that medical marijuana dispensaries should beable to locate within the City so that residents may access this form of medical relief in order toreduce or eliminate pain and-suffering caused by the severe medical conditions identified by theOhio legislature as qualifying for medical marijuana treatment; and

WHEREAS, this Council has determined that the business and zoning regulations setforth herein shall ensure the safe and secure operation of medical marijuana entities within theCity.

WHEREAS, . pursuant to the Constitution of the State of Ohio and the Ohio RevisedCode, municipalities have the power of local self- govenunent; and

WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio RevisedCode, municipalities have the power to enact laws that are for the health, safety, welfare, comfortand peace of the citizens of the municipality; and

WHEREAS, this Council by a vote of at least five of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, as set forth in ArticleIII, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, and that it isnecessary for the immediate preservation of the public property, health, and safety and to providefor the usual daily operation of municipal departments, in that the state medical marijuana control program is currently underway; now, therefore


33

Section 1. Schedule 1129. 02, Permitted Uses in Commercial Districts, currently readingas follows:

SCHEDULE 1129.02: PERMITTED USES IN COMMERCIAL DISTRICTS

Cl

OFFICE

C2

RETAIL

C3

GENERAL

BUSINESS

C4

PUBLIC

SCHOOL

RESIDENTIAL

Single - Family /Two - Family Dwellings C

Multi- Family DwellingsCl Cr Cr

Mixed Use Structure P P P C'

Hotels/ Motels PC7

Groups /Convalesce,nt/Nursiurg /AssistedLiving

C C P C'

Day -Care Centers ( 6+ children) P P PC7


INSTITUTIONAL

Funeral Homes C PC7


Elementary/ Secondary Schools P P P C

Trade /Vocational Schools C PC7

Colleges C P PC7

Libraries C P PC7

Hospitals C C P C'

Public Parks and Playgrounds C C C C'

Parking Facility as a Principal Use P P P C

ENTERTAINMENT

Indoor Commercial Recreation C P C'

Theaters, Banquet Hall, Party Center C PC7

Studios for Instruction P P C'

Fraternal Organizations C P C,

Museum/Aft Gallery P P P C'

uditorium C PC7

OOD AND BEVERAGE SERVICESF

34

Restaurant seated Table ServiceP2

P P C

Restaurants —Fast FoodC2

P PC2

Bar, Tavern, NightclubC2

P PC2

outdoor /Seasonal Dining FacilityC3 C3

C3 C3''


Offices Including_

P P pC7


Medical Clinics/Urgent Care Facility C C PC7

Radio /TV/Video /Audio Production C C PCn



Book and Stationery Stores, P p P C'

Apparel Stores, Florists, p P PC7

Antique Stores, Sporting Good Stores P P PCn

Jewelry Stores, P P pC7

Second Hand and Resale Stores, P P pCn


Retail Variety Stores, and P P pC7

Floor Coverings. p- p pC7

Media Stores P° P° P° C

Sexually Oriented Businesses bncluding:

Adult Arcades, p5 P

ps

Adult Cabarets, ps ps P

Adult Media Stores, ps ps ps

Adult Novelty Stores, ps ps ps

Adult Motion Picture Theaters, Ps ps ps

Adult Theaters, Ps Ps

p

Nude Model Studios, Ps Ps Ps

Sexual Encounter Centers, ps ps

p

Any combination of above. Ps

pps


Printing Services, C- P P C 2'

35

Shoe Repair, c2

P P C 2, 7

Photographic Studios, c2

P P C 2, 7

Tailoring, Dress Making and C'' P P C 2''

Dry Cleaning, C 2 P P C 2, 7

Upholstery. C' P P C 2'



Supermarkets, P P P C

Beverage Stores including P P P C

Liquor, FilmNideo Rental, and Drug P P P C 7Stores.

Cosmetology and Cosmetic Salons, C 2 P P


Automotive Part and Supplies, P PC7

Furniture Sales, P PCn


Garden Supplies, Nurseries, P P C

Lumber and Building Supplies, P P C


Display and Showrooms for any P P C

Building Product. P PCn


Barber and Beauty Shops, C 2 P P C 2, 7

Cosmetology and Cosmetic Salons, C 2 P P C 2'

Diet Counseling Centers, C 2 P P C 2. 7

Electrolysis Services, C 2 P P C 2, 7

Fingernail and Tanning Salons, and C 2 P P C 2, 7

Massotherapy Services. C 2 P P C 2'


Animal Clinics/Hospitals, C P C

Veterinarian Offices, and C P C

Grooming Services. C P C

LAUNDROMAT P P C

STORAGE WHOLESALE/UTILITY bscluding:

Warehousing, C



AUTOMOTIVE SERVICES

Gasoline Service Station C P


Motor Vehicle Repair Shop C C

Motor Vehicle Rental or Leasing

AgencyC C C

Motor Vehicle Washing/Detailing Fa- cility

C C




Light Industrial (as above, no more than

1, 000 sq. ft. or five [ 5] employees.)

OFFICEO

C P

RESIDENTIAL

Single- Family / Two - Family Dwellings

DRIVE- THROUGH FACILITY C C C

1 As regulated by Chapter 1127. 2 Use is limited to the ground floor of the structure.

3 Permitted only as an accessory use and limited to the ground floor level. 4 Reference Sections 1103. 02( o), 1103. 02( tt) and 1103. 02( uu), and Section 1129. 15herein.

5 As regulated by Chapter 1163 and Chapter 777. 6 Reference Section I103. 02( i), or Chapter 1163. 7 Use shall be limited to Detroit Avenue and/ or Madison Avenue as regulated by Chap- ters 1156 and 1161.

8 Reference Sections 1129. 17 and 1161. 03( y).

is hereby repealed, and new Schedule 1129.02, Permitted Uses in Commercial Dis- tricts, is hereby enacted to read as follows:


C3 C4C1 C2

GENERAL PUBLICOFFICEO RETAIL BUSINESS SCHOOL

RESIDENTIAL

Single- Family / Two - Family Dwellings

37

Multi - Family DwellingsC1 C1 C1


Hotels/Motels P C

Groups /Convalescent/Nursing/AssistedLiving

C C - PCn

Day -Care Centers ( 6+ children) P P P1 C'


INSTITUTIONAL

Funeral Homes C P C



Trade/Vocational Schools C P C

Colleges C P P C

Libraries C P P C

Hospitals C C P C

Public Parks and Playgrounds C C C C

Parking Facility as a Principal Use P P P C

ENTERTAINMENT

Indoor Commercial Recreation - C P C

Theaters, Banquet Ball, Parry Center C P C

Studios for Instruction P P C

Fraternal Organizations C PC7

Museum/Art Gallery P P P C

Auditorium C P C


Restaurant seated Table ServiceP2 P P

C7

Restaurants — Fast FoodCZ

P PC2

Bar, Tavern, NightclubCZ

P PCZ

Outdoor /Seasonal Dining FacilityC3 C3 C3 C''


Offices Including:

Business, Medical, and Government P P PCn

Medical Clinics/Urgem Care Facility C C P C

BE

Radio/TV/ Video /Audio Production I C I C I P I C'



Book and Stationery Stores, P P P C,

Apparel Stores, Florists, P P P C'

Antique Stores, Sporting Good Stores P P PC7

Jewelry Stores, P P P C

Second Hand and Resale Stores, P P P C


Retail Variety Stores, and P P P C

Floor Coverings. P P P C

Media Storesp4 p4 p4 C7

Sexually Oriented Businesses b7eluding:

Adult Arcades, P5 P5

P5

Adult Cabarets, P5 Ps Ps

Adult Media Stores, Ps Ps

P5

Adult Novelty Stores, 6P5 P5 Ps

Adult Motion Picture Theaters, P5 Ps Ps

Adult Theaters, P5 P5 Ps

Nude Model Studios, Ps P5 Ps

Sexual Encounter Centers, P5 P5 P5

Any combination of above. p5 Ps ps

Service Retail, bcluding:

Printing Services, P P C 2, 7

Shoe Repair, p p C 2,'

Photographic Studios, P P C'' 7

TC2

Tailoring, Dress MakingaP P C 2, 7

Dry Cleaning, P P C '

Upholstery. P P C 2,



Supermarkets, P p P C

39

Beverage Stores including P P P C 9

Liquor, Film/Video Rental, and Drug P P P C nStores.

Hardware and Locksmith Services, P P

Hard Goods Retail bcluding:

Automotive Part and Supplies, P P C

Furniture Sales, P P C


Garden Supplies, Nurseries, P P C'

Lumber and Building Supplies, P P C°


Display and Showrooms for any P P C

Building Product. P P C


Barber and Beauty Shops, C 2 P P C 2. 7

Cosmetology and Cosmetic Salons, C Z P P C 2, 7

Diet Counseling Centers, C 2 P P C', 7 -

Electrolysis Services, C Z P P C 2, 7

Fingernail and Tanning Salons, and C 2 P P C 2' n

Massotherapy Services. C 2 P PC1, 7


Animal Clinics- lospitals, C P C

Veterinarian Offices, and C P C

Grooming Services. C P C

Medical Marijuana Dispensaries C 9 C 9 C 9

LAUNDROMAT P PC7

STORAGE WHOLE, SALE/UTHATY Including:

Warehousing, C



AUTOMOTIVE SERVICES

Gasoline Service Station C P


M

Motor Vehicle Repair Shop

Manufacturing, Processing,

C C

C

Motor Vehicle Rental or Leasing C C C

Agency

Light Industrial ( as above, no more than

1, 000 sq. ft. or five [ 5] employees.) C p

Motor Vehicle Washing/Detailing Fa- C C

cility





Light Industrial ( as above, no more than

1, 000 sq. ft. or five [ 5] employees.) C p


1 As regulated by Chapter 1127. 2 Use is limited to the ground floor of the structure.

3 Permitted only as an accessory use and limited to the ground floor level. 4 Reference Sections 1103. 02( o), 1103. 02( tt) and 1103. 02( uu), and Section 1129. 15herein.

5 As regulated by Chapter 1163 and Chapter 777. 6 Reference Section 1103. 02( i), or Chapter 1163. 7 Use shall be -limited to Detroit Avenue and/ or Madison Avenue as regulated by Chap- ters 1156 and 1161.

8 Reference Sections 1129. 17 and 1161. 03( y). 9 As regulated by Chapter 1165 and Chapter 779e

Section 2. New Chapter 779, Medical Marijuana Operations, shall be enacted to read asfollows:

CHAPTER 779

Medical Marijuana Operations

779. 01 Purpose.

779.02 Definitions.

779. 03 Applicability. 779.04 Prohibition on certain medical marijuana operations.

779. 05 Medical marijuana dispensary license required. 779. 06 Medical marijuana dispensary license application. 779. 07 Issuance of medical marijuana dispensary license. 779. 08 Fees.

779. 09 Inspection.

779. 10 Expiration and renewal of license. 779. 11 License suspension.

779. 12 License revocation.

779. 13 Appeal rights.

779. 14 Transfer of license.

779. 15 Regulations pertaining to the operation of medical marijuana dispensa- ties.

779. 16 Loitering and exterior lighting and monitoring requirements.

41

779. 17 Injunction.

779. 19 Effect ofpartial invalidity779. 19 Change in information.

779. 99 Penalty.

779.01 PURPOSE

The purposes of this chapter are to establish limitations on medical marijuana

operations within the City and to establish reasonable and uniform regulations tominimize and control the negative secondary effects of medical marijuana dispensaries within the City, all in order to promote the health, safety, and welfareofthe citizens of the City.

779.02 DEFINITIONS.

For purposes of this chapter,

a) " Medical marijuana" shall have the same meaning as in R.C. 3796.01

b) " School," " church," " public library," " public playground," and " public

park" shall have the same meanings as is R.C. 379630.

c) " Disqualifying offense," " cultivator," " processor," " dispensary" and " testinglaboratory" shall have the same meanings as in Ohio Admin. Code 3796: 1 - 1 - 01or subsequent similar regulations.

d) " Licensee" means, with tespect to a medical marijuana dispensary licenseissued under this chapter, a person in whose name a license to operate a medical

marijuana dispensary has been issued, as well as the individual(s) designated onthe license application as principally responsible for the operation of the medicalmarijuana dispensary.

e) " Operate" means to control or hold primary responsibility for the operationof a medical marijuana dispensary, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. " Operate" orcause to be operated" shall mean to cause to function or to put or keep in opera-

tion. Operator means any persons on the premises of a medical marijuana dispensary who is authorized to exercise overall operational control or hold primary responsibility for the operation of a medical marijuana dispensary or whocauses to function or who puts or keeps in operation the business. A person maybe found to be operation or causing to be operated a medical marijuana dispensary whether or not that person is an owner, part owner, or licensee of the business.

f) " Person" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whateverform or character.

g) " Transfer of ownership or control" of a medical marijuana dispensary shallmean any of the following:

1) The sale, lease, or sublease of the business;

2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

42

3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest orother operation of law upon the death of the person possessing the ownership orcontrol.

h) " Director" shall mean the Director of Public Safety, " Commissioner" shallmean the Building Commissioner, and " Chief' shall mean the Chief of Police ofthe City.

779.03 APPLICABILITY.

Businesses subject to this chapter are medical marijuana cultivators, processors,

dispensaries and testing laboratories.

779.04 PROHIBITION ON CERTAIN MEDICAL MARIJUANA OPER- ATIONS.

a) No person shall operate a medical marijuana cultivator, processor or testing

laboratory in the City.

b) Any person who violates this section shall be guilty of a misdemeanor of thefirst degree.

779.05 MEDICAL MARIJUANA DISPENSARY LICENSE REQUIRED.

a) No person shall operate a medical marijuana dispensary without a validmedical marijuana dispensary license issued by the City pursuant to this chapter.

b) Any person who violates subsection ( a) of this section- shall be guilty of amisdemeanor of the first degree.

779.06 MEDICAL MARIJUANA DISPENSARY LICENSE APPLICA- TION.

a) An application for a medical marijuana dispensary license shall be submittedto the Director on a form provided by the Director. The application may requestand the applicant shall provide such information as reasonably necessary to ena-

ble the City to determine whether the applicant meets the qualifications established in this chapter.

b) An application for a medical marijuana dispensary license shall identify andbe signed by the following persons:

1) If the business entity is owned by an individual, that individual.

2) If the business entity is owned by a corporation, each officer or director ofthe corporation, any individual owning or controlling more than 50 percent ofthe voting shares of the corporation, and any person with an ownership interestin the corporation who will be principally responsible for the operation of theproposed medical marijuana dispensary or greater ownership interest in the corporation.

3) If the business entity is owned by a limited liability company, each memberof the limited liability company, and any person who will be principally responsible for the operation of the proposed medical marijuana dispensary on behalfof the Limited liability company.

43

4) If the business entity is owned by a partnership ( general or limited), a jointventure, or any other type of organization where two or more persons share inthe profits and liabilities of the organization, each partner ( other than limitedpartners); and any other person entitled to share in the profits of the organization, whether or not such person is also obligated to share in the liabilities of theorganization, who will be principally responsible for the operation of the proposed medical marijuana dispensary.

c) An application for a medical marijuana dispensary license must designateone or more individuals to be principally responsible for the operation of theproposed medical marijuana dispensary, if a license is granted. At least one person so designated must be involved in the day -to -day operation of the proposedmedical marijuana dispensary on a regular basis. Each person so designated, aswell as the business entity itself, shall be considered a license applicant, mustqualify as a licensee under this chapter, and shall be considered a licensee if a license is granted.

d) An application for a medical marijuana dispensary license shall be completed according to the instructions of the application form, which shall require thefollowing:

1) If the applicant is:

A. An individual, state the legal name and any aliases of such individual;

B. A partnership, state the complete name of the partnership and all of its partners and whether the partnership is general or limited, and provide a copy of thepartnership agreement, if any; or

C. A joint venture, or any other type of organization where two or more personsshare in the profits and liabilities of the organization, state the complete name ofthe organization and provide a copy of the legal document establishing the organization, if any; or

D. A corporation, state the complete name of the corporation and the date of itsincorporation, provide evidence that the corporation is in good standing underthe laws of its state of incorporation, and state the names and capacity of all officers and directors, the name of the registered corporate agent, and the addressof the registered office for service ofprocess.

E. A limited liability company, state the complete name of the limited liabilitycompany and the date of its organization, provide evidence that the company isin good standing under the laws of its state of organization, and state the namesof all members, the name of the registered statutory agent, and the address of theregistered office for service of process.

2) If the applicant intends to operate the medical marijuana dispensary under aname other than that of the applicant, state the fictitious name to be used andsubmit copies of documentation evidencing the registration of the business nameunder applicable laws.

3) State whether any applicant, or any of the individuals identified in the application pursuant to subsection ( b) hereof, has been convicted of a disqualifyingoffense, and if so, the specified offense and the date, place, and jurisdiction ofeach such conviction.

M

4) State whether any applicant, or any of the individuals identified in the application pursuant to subsection ( b) hereof, has had a previous license under thischapter or other similar regulation of another jurisdiction denied, suspended orrevoked, including the name and location of the medical marijuana dispensaryfor which the permit was denied, suspended or revoked, as well as the date ofthe denial, suspension or revocation; and state whether the applicant has been apartner in a partnership or an officer, director or 10 percent or greater owner of acorporation licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the business forwhich the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

5) State whether any applicant, or any of the individuals identified in the application pursuant to subsection ( b) hereof, holds any other licenses under thischapter or other similar regulation from this or another jurisdiction and, if so, thenames and locations of such other licensed businesses.

6) State the location of the proposed medical marijuana dispensary, including alegal description ofthe property, street address, and telephone number(s), if any.

7) State the trailing address and residential address of each applicant and eachperson signing the application.

8) Submit a current, valid retail dispensary license or provisional dispensary license issued to the applicant by the state board of pharmacy under the provisions of R.C. Chapter 3796 and the regulations promulgated thereunder.

9) Submit a security plan for review and approval by the Chief. The securityplan shall be on a form or in a manner prescribed by the Chief and shall include, at a minimum, a lighting plan that identifies how the interior, facade, adjoiningsidewalks, parking areas and immediate surrounding areas of the dispensary willbe illuminated and how the lighting will deflect light away from adjacent properties; and an identification of operable cameras, alarms, security guards andother security measures to be present on the premises whether during or outsidebusiness hours. The security plan should address the applicant' s proposed use ofarmed security guards, video surveillance and door, building and parking lot security as appropriate. The applicant shall supply all additional information requested by the Chief necessary for the Chief to evaluate the security plan.

10) State the driver' s license number and Social Security number of each applicant who is a natural person and each person signing the application, or, foran applicant that is not a natural person, the applicant' s federally issued tax identification number.

11) Submit proof that each applicant who is a natural person is at least 18 yearsold.

12) Submit a sketch or diagram showing the configuration of the premises ofthe medical marijuana dispensary. The diagram shall also designate the place atwhich the dispensary license will be conspicuously posted, if issued. The sketchor diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises toan accuracy ofplus or minus six inches.

45

779.07 ISSUANCE OF MEDICAL MARIJUANA DISPENSARY LI- CENSE.

a) Within five days of receipt of an application for a medical marijuana dispen-

sary license, the Director shall notify the Commissioner and the Chief of suchapplication. In making such notification, the Director shall request that the Chiefpromptly investigate the information provided in the application and shall request that the Chief and Commissioner promptly inspect the premises for whichthe medical marijuana dispensary license is sought in order to assess compliancewith the regulations under their respective jurisdictions.

b) The Chief and the Commissioner shall begin their respective investigations

and inspections promptly upon receipt of notice of an application from the Di- rector. The Chief and Commissioner shall provide the results of their investiga-

tions, including written certifications of whether the premises and applicants arein compliance with the laws and regulations under their respective jurisdictions,

to the Director, in writing, within 60 days of receipt of notice of the application.

c) The Commissioner' s inspection of the premises for which a medical mariju-

ana dispensary license is sought shall include an investigation as to whether thepremises are in compliance with the Ohio Basic Building Code, the LakewoodZoning Code, the Lakewood Property Maintenance Code, and the provisions ofthis chapter related to physical characteristics ofthe premises.

d) Within 90 days after receipt of a completed medical marijuana dispensarylicense application, the Director shall approve or deny the issuance of a license. The Director shall approve the issuance of a license to an applicant unless he or

she determines that one or more of the following findings is true:

1) An applicant who is a natural person is under 18 years of age.

2) An applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has falsely an- swered a question or request for information on the application form.

3) No person identified in the application pursuant to Section 779.06( b) orSection 779.06( c) of this chapter has been denied a license to operate a medical

marijuana dispensary or has had a license to operate a medical marijuana dispensary revoked within the preceding 12 months by any jurisdiction.

4) No person identified in the application pursuant to Section 779.06( b) or Sec- tion 779.06( c) of this chapter has been convicted of a disqualifying offense.

5) The proposed medical marijuana dispensary would violate or fail to be incompliance with any provisions of the Lakewood Zoning Code, PropertyMaintenance Code or General Offenses Code, or state statute or regulation.

6) The application and investigation fee or a prior license fee required by thischapter has not been paid in full.

7) An applicant is in violation of or in not in compliance with any provision ofthis chapter, except as provided in subsection (e)( 1) of this section.

e) If the Director determines that one or both of the following findings is true, the license issued pursuant to subsection ( d) of this section shall contain a re-

MR

quirement that the licensee correct all deficiencies specified within 120 days ofthe date the license is issued:

1) The results of inspections of the premises by the Chief or the Commissionerindicate that the premises are not in compliance with applicable laws and regulations under their respective jurisdictions, including the provisions of this chapterrelated to characteristics of the physical premises. This subsection shall not ap-

ply to premises that are in violation of any law or regulation that is identified orreferenced in subsections ( d)( 1) through (d)( 7) hereof.

2) An applicant is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business, which are not the subject of a pending appeal or other legal challenge.

f) If the Director determines that no other grounds for denial of a license existunder subsection ( d) hereof, the Director shall not delay approval of the application past the end of the 90 -day period provided in this section solely because theChief has not provided the Director with the results of his inspection of thepremises; the results of the Commissioner' s inspection of the premises are notavailable; or the Chief has not completed his investigation of the criminal back- ground of the applicant(s). If, after approving the issuance of a license, the Di- rector receives information from his investigation which he determines constitutes grounds for denial of a license under subsection ( d) hereof, then the medical marijuana dispensary license issued pursuant to this subsection ( f) hereofshall be immediately revoked. If after approving the issuance of a license, theDirector receives information concerning the results of inspections of the premises by the Chief, or the Commissioner' s inspection, which the Director determines constitutes grounds for the issuance of a license subject to a requirementto correct deficiencies under subsection ( e) hereof, then a requirement shall beadded to the terms of the medical marijuana dispensary licenses issued pursuantto this subsection ( f) hereof to correct all deficiencies noted within 120 days ofthe date such requirement is added.

g) A medical marijuana dispensary license, if granted, shall state on its face thename of the person or persons to whom it is granted, the expiration date, and theaddress of the licensed medical marijuana dispensary. All medical marijuanadispensary licenses shall be posted in a conspicuous place at or near the entranceto the business so that they may be easily read at any time.

h) The Director shall advise the applicant in writing of the reasons for any license denial.

779.08 FEES.

a) Every application for a new medical marijuana dispensary license shall beaccompanied by a $ 350.00 non - refundable application and investigation fee.

b) Every application for renewal of a medical marijuana dispensary licenseshall be accompanied by a $ 250.00 non - refundable application and investigationfee.

c) In addition to the application and investigation fee required in subsection ( a) or ( b) hereof, every applicant that is granted a medical marijuana dispensary license ( new or renewal) shall pay to the City an annual, non - refundable, non- prorated license fee in the amount of $25, 000. 00 within 30 days of license issuance or renewal, plus an amount equaling two percent of the licensee' s gross an-

47

nual sales above the amount of $1, 250, 000.00, which the licensee shall calculateat the expiration of the license or renewal term using sales figures from the licensee' s state - mandated reporting forms, and which the licensee shall pay to theCity within 60 days of the expiration of any term ( new or renewal) of the license. The licensee shall give the Director or his or her designee( s) an opportunity to review the data and basis upon which the licensee has calculated feesdue under this section.

779. 09 INSPECTION

a) The Division of Police and Commissioner shall, from time to time, inspecteach medical marijuana dispensary licensed under the provisions of this chapterthat is open to the public in order to assess compliance with the provisions ofthis chapter.

b) An applicant or licensee shall permit the Commissioner or designees and theChief or designees, as well as representatives of other city departments and divisions, to inspect a medical marijuana dispensary that is open to the public for thepurpose of insuring compliance with the law, during times that it is occupied oropen for business.

c) An applicant or licensee shall subject the application to denial or the licenseto revocation if he or she refuses to permit such lawful inspection of the premises.

779. 10 EXPIRATION AND RENEWAL OF LICENSE.

a) Each license issued pursuant to this chapter shall expire one year from thedate of issuance and may be renewed by making application as provided in thissection. Application for renewal shall be made no more than 90 days and nofewer than 30 days before the expiration date. If application is made fewer than30 days before the expiration date, the license will not be extended pending adecision on the application, but will expire on its normal expiration date.

b) An application for renewal of a medical marijuana dispensary license shallbe submitted to the Director on a form provided by the Director. The renewalapplication may request and the applicant shall provide such information as reasonably necessary to enable the City to determine whether the applicant meetsthe qualifications established in this chapter. The completed renewal applicationshall describe any changes or additions to, or deletions from, the informationprovided in the applicant' s initial license application pursuant to Section 779. 06of this chapter. The completed renewal application shall be accompanied bycopies of any document or material submitted in connection with the initial license application that has been revised or requires revision to reflect any changein circumstances or conditions.

Sketches or diagrams and security plans submitted with an initial medical marijuana dispensary license application may be resubmitted with subsequent renewal applications, provided that the applicant certifies in writing that the sketchor diagram and security plan still depict the premises and plan accurately.

c) The Director shall make determinations concerning the approval of licenserenewals based on the same criteria used to evaluate applications for new licenses under Section 779. 07 of this chapter.

M

d) The Director shall advise the applicant in writing of the reason(s) for anydenial of a license renewal.

e) When the City denies an application for renewal of a license, the applicantshall not be issued another license for one year from the date of denial. If theCity finds, subsequent to denial, that the basis for denial of the renewal licensehas been corrected or abated, the applicant may be granted a license if at least 90days have elapsed since the denial was issued.

779. 11 LICENSE SUSPENSION.

a) The City shall suspend a medical marijuana dispensary license for a periodnot to exceed 30 days if it determines that a licensee:

1) Has violated or is not in compliance with any section of this chapter; or

2) Has authorized or approved an employee' s violation of or failure to complywith any section of this chapter, or as a result of the licensee' s negligent failureto supervise either the premises of the medical marijuana dispensary or a medical marijuana dispensary has allowed an employee to violate or fail to complywith any section of this chapter.

b) The City shall suspend a medical marijuana dispensary license for a periodnot to exceed 30 days if it determines that a licensee or his employee or agenthas refused to allow an inspection of the licensed medical marijuana dispensarypremises as authorized by this chapter.

c) The Director shall advise the licensee in writing of the reason(s) for anysuspension.

779.12 LICENSE REVOCATION.

a) The City shall revoke a medical marijuana dispensary license if a cause ofsuspension under Section 779. 11 of this chapter occurs and the license has beensuspended two times within the preceding 12 months.

b) The City shall revoke a medical marijuana dispensary license if it determines that:

1) A licensee gave false or misleading information in the material submittedduring the application process;

2) The licensee( s) failed to comply with any requirement stated in the license, pursuant to Section 779. 07( g) of this chapter, to correct specified deficiencieswithin 120 days;

3) A licensee has knowingly allowed, or as a result of the licensee' s negligentfailure to supervise either the premises of the medical marijuana dispensary or amedical marijuana dispensary employee, a licensee has allowed, possession, use, or sale of controlled substances ( except medical marijuana) on the premises;

4) A licensee has knowingly allowed, or as a result of the licensee' s negligentfailure to supervise either the premises of the medical marijuana dispensary or amedical marijuana dispensary employee, a licensee has allowed the commissionof a felony on the premises;

M•

5) A licensee operated the medical marijuana dispensary during a period oftime when the licensee knew or reasonably should have known that the licensee' s license was suspended, or when the licensee no longer maintained a dispensary license issued by the state board of pharmacy;

6) A licensee has been convicted of a specified criminal activity, as defined inSection 779.02 of this chapter, during the term of the license; or

7) A licensee is delinquent in payment to the City, County, or State for anytaxes or fees past due that were assessed or imposed in relation to any business.

c) The Director shall advise the licensee in writing of the reason(s) for anyrevocation.

d) When the City revokes a license, the licensee shall not be issued another license for one year from the date the revocation became effective. If the Cityfords, subsequent to revocation, that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days haveelapsed since the date the revocation became effective.

779. 13 APPEAL RIGHTS

a) Any denial, suspension, or revocation of a new or renewal license under thischapter may be appealed to the City of Lakewood Board of Zoning Appeals bywritten notice within 10 days of such denial, suspension or revocation. Unlessthe applicant requests a longer period, the Board of Zoning Appeals must hold ahearing on the appeal within 30 days and must issue a decision affirming or re- versing the denial, suspension, or revocation within five days after the hearing.

b) Any decision by the Board of Zoning Appeals shall be a final appealable order and the applicant or licensee may seek judicial review of such administrativeaction in any court of competent jurisdiction pursuant to general law.

c) Any licensee lawfully operating a medical marijuana dispensary prior to thedenial of a license renewal application, or the suspension or revocation of a license, may continue to operate said business during the pendency of an appealof a decision rendered under this chapter to the Board of Zoning Appeals or to acourt.

d) In the event that an applicant for a new medical marijuana dispensary license seeks judicial review of the denial of a new license, there shall be no automatic stay of the denial.

779. 14 TRANSFER OF LICENSE.

A medical marijuana dispensary license is not transferable from one licensee toanother or from one location to another. Any purported transfer of a medical marijuana dispensary license shall automatically and immediately revoke that license.

779. 15 REGULATIONS PERTAINING TO TIM OPERATION OF MED- ICAL MARIJUANA DISPENSARIES.

a) No person may operate or cause to be operated a medical marijuana dispensary without complying with the following requirements:

50

1) The medical marijuana dispensary shall be operated in accordance with allapplicable laws, rules and regulations promulgated by the state.

2) The parcel upon which the dispensary is operated shall not at the time theoriginal dispensary license is issued be located within 1, 000 feet from any parcelon which sits a school, church, public library, public playground or public park.

3) Consultations by medical professionals shall not be a permitted at a dispensary.

4) Signs shall be posted on the outside of the dispensary and shall oruy containthe name of the business, limited to two colors.

5) The dispensary shall operate only between the hours of 7: 00 a.m. and 9: 00p.m., seven days a week.

6) The use of any vending machine which allow access to medical marijuana isprohibited. For proposes of this subsection ( a)( 6), a vending machine is any device which allows access to medical marijuana without a human intermediary.

7) The premises of every medical marijuana dispensary shall be equipped withoverhead lighting fixtures of sufficient intensity to illuminate every place towhich patrons are permitted access, including restrooms, at an illumination levelof not less than five foot - candles as measured at floor level.

8) No medical marijuana dispensary shall be operated in any manner that permits the observation from outside the premises of any image depicting or describing a marijuana leaf or the combustion of plant material, whether by meansof display, decoration, sign, window or any other means.

9) Any material change to information provided in the licensee' s application including, but not limited to, changes to the security plan must be promptlycommunicated, in writing, to the Director.

10) If, at any time, the licensee is subject to any enforcement action by thestate, the licensee shall immediately notify the Director and shall provide anyrelevant information or documentation requested by the Director.

11) If, at any time, the licensee has a reasonable belief that an actual loss, theft or diversion of medical marijuana or currency worth or amounting to morethan $ 100. 00 has occurred, the licensee shall immediately notify the Director, and in any event such notification shall be provided no later than 24 hours afterdiscovery of the loss, theft or diversion.

b) Except as otherwise provided in this paragraph, any person who violatessubsection (a) hereof, or any person who operates a medical marijuana dispensary and permits a violation of subsection ( a) hereof on the premises, shall beguilty of a misdemeanor of the third degree. If the offender previously has beenconvicted of or pleaded guilty to one violation of subsection ( a) hereof, a violation of subsection ( a) of this section will be considered a misdemeanor of thesecond degree. If the offender previously has been convicted of or pleadedguilty to two or more violations of subsection ( a) of this section, a violation ofsubsection (a) hereof will be considered a misdemeanor of the first degree.

779. 16 LOITERING AND EXTERIOR LIGHTING AND MONITORINGREQUIREMENTS.

51

a) It shall be the duty of the operator of a medical marijuana dispensary to

1) Initiate and enforce a no loitering policy within the external boundaries ofthe real property upon which the medical marijuana dispensary is located;

2) Post conspicuous signs stating that no loitering is permitted on such property

3) Monitor the activities of persons on such property by visually inspectingsuch property or inspecting such property by use of video cameras and monitors; and

4) Provide adequate lighting of the exterior premises to provide for visual inspection or video monitoring and to prohibit loitering. The video cameras andmonitors shall operate continuously at all times that the premises is open forbusiness.

b) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

779. 17 INJUNCTION.

Any person who operates or causes to be operated a medical marijuana dispensary in violation of this chapter is subject to a suit for injunction as well as pros- ecution for criminal violations under the Codified Ordinances of the City.

779. 18 EFFECT OF PARTIAL INVALIDITY.

If any section, subsection or clause of this chapter shall be deemed to be uncon- stitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.

779. 19 CHANGE IN INFORMATION.

During the pendency of any application for, or during the term of, any medicalmarijuana dispensary license, the applicant or licensee shall promptly notify theDirector in writing of any change in any material information given by the applicant or licensee in the application for such license, including specifically, butwithout limitation, any change in managers of the medical marijuana dispensaryestablishment or in the individuals identified in the application pursuant to this

chapter; or if any of the events constituting grounds for suspension or revocationpursuant to this chapter occur.

779. 99 PENALTY.

a) Violations of this chapter for which no penalty is specified shall be unclassi- fied misdemeanor offenses punishable by fine or imprisonment, as provided inSection 501. 99 of the Codified Ordinances of the City of Lakewood.

b) Each day that a medical marijuana dispensary operates in violation of thischapter is a separate offense or violation.

Section 3. New Chapter 1165, Medical Marijuana Dispensaries, shall be enacted to readas follows:

52

CHAPTER 1165

Medical Marijuana Dispensaries

1165.01 Purpose.

1165.02 Definitions.

1165. 03 Classifications.

1165.04 Location ofmedical marijuana dispensaries. 1165. 05 Design guidelines for medical marijuana dispensaries. 1165. 06 Off -sheet parking.

1165. 07 Sigh regulations for medical marijuana dispensaries. 1165. 08 Licensing. 1165.09 Revocation; renewal.

1165. 10 Severability.

1165.01 PURPOSE.

It is the purpose of this chapter to regulate medical marijuana dispensaries in order to promote the health, safety, morals, and general welfare of the citizens ofthe City and to establish reasonable and uniform regulations to prevent the dele- terious location and concentration of medical marijuana dispensaries within theCity.

1165.02 DEFINITIONS.

For purposes of this chapter,

a) " Medical marijuana" shall have the same meaning as in R.C. 3796. 01

b) " School," " church," " public library," " public playground," and " public

park" shall have the same meanings as is R.C. 379630.

c) " Dispensary" shall have the same meaning as in Ohio Admin. Code 3796: 1- 1- 01 or subsequent similar regulations.

d) " Licensee" means a person in whose name a license to operate a medicalmarijuana dispensary has been issued under Chapter 77, as well as the individual(s) designated on the license application as principally responsible for the operation of the medical marijuana dispensary.

e) " Operate" means to control or hold primary responsibility for the operationof a medical marijuana dispensary, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. " Operate" or

cause to be operated" shall mean to cause to function or to put or keep in operation. Operator means any persons on the premises of a medical marijuana dispensary who is authorized to exercise overall operational control or hold primary responsibility for the operation of a medical marijuana dispensary or whocauses to function or who puts or keeps in operation the business. A person maybe found to be operation or causing to be operated a medical marijuana dispensary whether or not that person is an owner, part owner, or licensee of the business.

f) " Person" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whateverform or character.

53

g) " Director" shall mean the Director of Planning and Development.

1165. 03 LOCATION OF MEDICAL MARIJUANA DISPENSARIES

a) Medical marijuana dispensaries may be located only in a CI Office, C2 Re- tail, and C3 General Business Districts as a conditionally permitted use pursuantto Section 1129. 02 and Chapter 1161 and in accordance with the restrictionscontained in this chapter.

b) No medical marijuana dispensaries may be established or operated within1, 000 feet of a school, church, public library, public playground, or public parkin the City.

c) No medical marijuana dispensary may be established, operated or enlargedwithin 1, 000 feet of another medical marijuana dispensary.

d) Not more than one medical marijuana dispensary shall be established or operated in the same building, structure, or portion thereof, and the floor area ofany medical marijuana dispensary in any building, structure, or portion thereofcontaining another medical marijuana dispensary may not be increased.

e) For the purpose of subsections ( b) and ( c) of this section, measurement shallbe made from the nearest portion of the building or structure used as the part ofthe premises where a medical marijuana dispensary is conducted, to the nearestproperty line of the premises of a medical marijuana dispensary or a school, church, public library, public playground, or public park.

1165. 05 DESIGN GUIDELINES FOR MEDICAL MARIJUANA DIS- PENSARIES.

a) Parking for a medical marijuana dispensary shall be, configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/ orused property. Parking areas configured such that vehicular headlights are directed toward public rights -of -way across from residentially zoned and/ or usedproperty shall provide continuous screening and shall conform to the design requirements set forth in Chapter 1325 of the Building Code and be approved bythe Architectural Board of Review. Landscaping and screening shall be continuously maintained and promptly restored, if necessary, pursuant to Chapter1141.

b) Ingress and egress drives and primary circulation lanes shall be locatedaway from residential areas where practical to minimize vehicular traffic andnoise which may become a nuisance to adjacent residential areas.

c) All building entrances intended to be utilized by patrons shall be located onthe side( s) of the building which does not abut residentially zoned and/ or usedproperty, whenever possible, to minimize the potential for patrons to congregateand create noise which may become a nuisance to adjacent residential areas.

d) All exterior site and building lighting which shall be provided, must be approved by the Architectural Board of Review pursuant to Chapter 1325 of theBuilding Code, and such design shall minimize the intrusive effect of glare andillumination upon any abutting areas, especially residential.

e) Any medical marijuana dispensary adjacent to a residential district and/ oruse shall contain a minimum six- foot -high solid fence along such abutting prop-

54

erty lines and be approved by the Architectural Board of Review pursuant toChapter 1325.

f) Rules, regulations and local permitting requirements imposed on a licenseeby the City shall be interpreted in all instances to conform to the state licensingrequirements for dispensaries, but in the event the City' s rules, regulations and

permitting requirements impose a greater obligation on a licensee than the statelicensing requirements, the local provisions shall be enforced.

g) Applicants must meet any additional standard criteria and fulfill any additional standard requirements typically associated with obtaining a conditional

use permit in the City. The City shall review all qualifying applications at a reasonable pace and level of review equivalent to other land use projects requiringa conditional use permit.

1165. 06 OFF - STREET PARICNG

Off - Street parking for a medical marijuana dispensary shall be provided, pursuant to Chapter 1143.

1165.07 SIGN REGULATIONS FOR MEDICAL MARIJUANA DISPEN- SARIES.

a) All signs for a medical marijuana dispensary shall be " wall signs" as definedin Section 1329. 03( c) of the Building Code and shall be constructed and locatedin conformance with all applicable provisions of Sections 1329.04, 1329. 05, 1329.09, 1329. 12, and 1329. 16 of the Building Code.

b) All signs for a medical marijuana dispensary if Illuminated shall be in conformance with Section 1329. 06 of the Building Code and meet all applicableprovisions of Section 1329. 14 as regards conditions and materials.

c) All signs for a medical marijuana dispensary shall be maintained in accordance with Section 1329. 13 of the Building Code and may be, ordered to be re- moved in accordance with the provisions of that Section.

d) No merchandise or pictures of the products or entertainment on the premisesof a medical marijuana dispensary shall be displayed on signs, in window areasor any area where they can be viewed from the sidewalk or street in front of thebuilding. No sign shall bear any image depicting or describing a marijuana leafor the combustion of plant material, whether by means of display, decoration, sign, window or any other means.

e) Window areas of a medical marijuana dispensary shall not be covered ormade opaque in any way. No signs shall be placed in any window. A one- square -foot sign shall be placed on the door to state hours of operation. Addi- tional signage to conform to the requirements Section 779. 16 may be permitted.

1165. 08 LICENSING.

Medical marijuana dispensaries as described in Section 1165. 03 herein shall belicensed and operated pursuant to Chapter 779.

1165. 09 REVOCATION; RENEWAL

55

a) Notwithstanding anything in this chapter or section to the contrary, any conditional use permit application for a medical marijuana dispensary shall be heardby the Planning Commission and, if approved, shall expire 12 months from thedate of issuance. Subsequent renewal of the conditional use permit may be madeadministratively by the Director if no significant modifications to the conditionsof the permit have been proposed and no violations have been determined. Vio- lations may include, for example, legitimate loitering complaints, excessive police calls to the immediate vicinity, noise complaints, non - compliance with theterms of the conditional use permit, or non - compliance with other applicablestate or local regulation. The licensee shall have a reasonable opportunity andtime to cure the complaint or possible non - compliance as defined in this sectionbefore being subject to revocation or suspension.

b) Determination of administrative renewal is at the discretion of the Director. Renewal applications must be submitted in writing at least 30 days prior to expiration of permit. The conditional use permit for a medical marijuana dispensaryis non - transferable.

c) Notwithstanding anything in this chapter or section to the contrary, any conditional use pennit granted for a medical marijuana dispensary may be revokedby the Planning Commission after referral to the Planning Commission by theDirector and after a public hearing on whether violations have occurred or thespirit and intent of the conditional use permit has not been met. Notice of suchhearing shall be sent to the licensee and to others pursuant to Section1173. 07(b)( 2) of this Code as if a zoning change were requested.

1165. 10 SEVEBABILITY.

If any section, subsection, or clause of this chapter shall be deemed to be uncon- stitutional or otherwise invalid_, the validity of the remaining sections, subsections, and clauses shall not be affected.

Section 4. It is found and determined that all formal actions of this Council concerningand relating to the passage of this ordinance were adopted in an open meeting of this Council andthat 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 5. This ordinance is hereby declared to be an emergency measure necessary forthe inunediate preservation of the public peace, property, health, safety and welfare in the Cityand for the usual daily operation of the City for the reasons set forth and defined in its preamble, and provided it receives the affirmative vote of at least five members of Council this ordinanceshall take effect and be in force immediately, or otherwise it shall take effect and be in force afterthe earliest period allowed by law.

Adopted:

56

PRESIDENT

CLERK

Approved: MAYOR

57

I %fir

August 25, 2017

12650 DETROIT AVENUE e 44107 • 2161521 -7580. fax 216/521 -1379W ebsite: www.onelakewood. com

MICHAEL SUMMERS

MAYOR

Re: Resiliency & Sustainability

Dear Members of City Council,

I wrote to you in June regarding exciting new urban strategies and plans that are emerging across the nation. Thesenew strategies are emphasizing designs, redesigns, and policies that emphasize a focus on achieving improvedbehavior of sustainability and resilience.

Since June, our Planning staff has identified the gap between our existing plans, studies, and strategies versus

leading edge national templates. The good news is that we are on the right path. The challenging news is that itappears that we have not been thinking broadly enough. Resiliency can and should be defined as the ability towithstand external shocks. These can be sudden and /or incremental. They can and will affect our quality of life in avariety of fashions. Our thinking must embrace: livability, prosperity, health and well- being, connectivity, mobility, ecosystem stewardship and resource regeneration.

More concretely, our strategic efforts must consider food, water, energy, education, industry, mobility, information, the built environment and its designs, and public health. It calls for a review of the balance betweenquantity and quality of living.

I ask that City Council engage with me, our planners, and a talented firm of proven strategic thinkers from the firmRethink to create and lead a citizen led task force that will address external forces that threaten the vitality of ourcommunity. I further ask that City Council meet with the administration team in the next few weeks which willallow City Council to gain a better understanding of this roadmap and to identify next steps to harness the talent inour community to create strategic and operating plans that will likely serve our city for decades to come.

I also ask that this letter serve as a call to citizens who are interested, able and willing to bring their time andtalents on behalf of the broad subjects of urban sustainability and resilience. I ask these residents to indicate theirinterest in serving on a citizen led task force by contacting the mayor' s office at mayor(@lakewoodoh. net.

Respectfully,

Michael P. Summers

n

CJ

58

12650 DETROIT AVENUE • 44107 • 2161521 -7580. fax 216/521 -1379Website: www.onelakewood.com

MICHAEL SUMMERS

MAYOR

August 30, 2017

Lakewood City Coiwcil Members

Re: Winterhurst

Dear Members of Council,

The lease agreement with the current lessee for Winterhurst expires in August 2018. We havereceived communication from the current lessee regarding their concerns as to the sustainabilityof the current arrangement. The reasons cited for their concerns are:

Diminished demand for ice rental

Operating costs unstable — driven by energy costsStable supply of ice in the surrounding marketOther facilities subsidized by cities (Maple Heights, Euclid, Brooklyn)

The timing is right to engage our community in discussions about the future use of this building. Alternative uses beyond ice were identified in the report issued by the Active Living Task Forceand we might also look at how other similar facilities around the region and country haveadapted to the changing market.

I respectfully ask that you refer this letter to the appropriate committee for further consideration

Very truly yours,

Michael P. Summers

n059

rrr er xa

September 5, 2017

Lakewood City CouncilLakewood, Ohio 44107

DEPARTMENT OF HUMAN SERVICES

16024 MADISON AVENUE • 44107

Telephone: (216) 529 -6685

Facsimile: ( 216) 529 -5937

RE: Juvenile Diversion Program

Dear Members of Council:

ANTOINETTE B. GEISOMINO

DIRECTOR OF HUMAN SERVICES

Pursuant to L. C.O. 111. 14, Authority to Accept Income or Other Things of Value, thiscommunication serves to notify you that the City intends to accept an amount estimatedto be $ 28, 800 from Cuyahoga County Court of Common Pleas, Juvenile Court Divisionfor Program Years 2018 and 2019. The funds will be deposited to Account 279 -4070and support the Juvenile Diversion Program. No matching funds are required.

The Juvenile Diversion Program, a collaborative effort of the Divisions of Youth andPolice and the Law Department, seeks to decrease the likelihood that young people willfall through the cracks of the juvenile justice system, assist them in taking responsibilityfor their behaviors, enable them to give back to their community and encouragecontinued community involvement.

Sincerely,

Antoinette B. Gelsomino

The City of Lakewood, Department of Human Services, provides a continuum of responsive Programs and services thatenhance and promote the health and well -being of individuals, families and the community.

60

September 5, 2017

Lakewood City Council12650 Detroit AvenueLakewood, OH 44107

DEPARTMENT OF HUMAN SERVICES

16024 MADISON AVENUE - 44107Telephone; ( 216) 529 -6685

Facsimile: ( 216) 529 -5937

RE: Title III of the Older American' s Act, 2018 -19 Proposal


The Department of Human Services, Divisionthe Western Reserve Area Agency on Aginsenior services for the 2018 -19 program ye, Resolution authorizing the Mayor or designeethe request for proposal, and to enter into agrant award.

ANTOINETTE B. GELSOMINO

DIRECTOR OF HUMAN SERVICES

f Aging, will be submitting a proposal tog to support ongoing community -basedrs. Attached for your consideration is ato submit the proposal, a requirement ofcontract for services upon receipt of the

Title III program services for residents age 60 years and older include transportation, home delivered and congregate meals and social /supportive services. In 2016, theDivision of Aging served 39, 596 meals; provided 8,629 one way trips and 610.25 hoursof supportive services with these Title III program funds.

I respectfully request your approval prior to the September 22, 2017 Early SubmissionDeadline for Completion Review prior to the October 11, 2017 Proposal ApplicationDeadline.

Sincerely,

Antoinett omino, Director —

Department of Human Services

The City of Lakewood, Department of Human Services, provides a continuum of responsive programs and services thatenhance and promote the health and well -being of individuals, families and the community.

h-11

RESOLUTION NO. BY:

A RESOLUTION to take effect immediately provided it receives the affirmativevote of at least five members of Council, or otherwise to take effect and be in force afterthe earliest period allowed by law, authorizing the Mayor or his designee to apply for andenter into an agreement with the Western Reserve Area Agency on Aging for title III ofthe Older Americans Act, Senior Community Services for the 2018 -2019 program years.

WHEREAS, the City of Lakewood received notification from Western ReserveArea Agency on Aging of the deadline for proposals to accept funding under Title III ofthe Older Americans Act for the Senior Community Services program for the 2018 and2019 program years, such deadline being October 11, 2017; and

WHEREAS, the WRAAA Request for Proposal requires the City of Lakewood toproduce a resolution permitting contracting authority and authority to submit a proposalalong with the proposal; and

WHEREAS, this Council by a vote of at least five of its members determines thatthis resolution is an emergency measure, and that this resolution shall take effect at theearliest date possible as set forth in Article III, Sections 10 and 13 of the SecondAmended Charter of the City of Lakewood, and that it is necessary for the immediatepreservation of the public property, health and safety, and to provide for the usual dailyoperation of municipal departments in that this legislation is necessary to include thisresolution with the proposal for 2018 -2019 Senior Community Services programs and theproposal is due on or before October 11, 2017; now, therefore

BE IT RESOLVED BY THE CITY OF LAXEWOOD, OHIO:

Section 1. The Mayor or his designee is hereby authorized to enter into anagreement with the Western Reserve Area Agency on Aging for Title III of the OlderAmericans Act, Senior Community Services for the 2018 -19 program years.

Section 2. That the Mayor or his designee is hereby authorized to submit a grantproposal to Western Reserve Area Agency on Aging for the provision of programservices for the 2018 and 2019 program years.

Section 3. It is found and determined that all formal actions of this Councilconcerning and relating to the passage of this resolution were adopted in an open meetingof this Council, and that all such deliberations of this Council and of any of itscommittees that resulted in such formal action were in meetings open to the public, incompliance with all legal requirements.

Section 4. This Resolution is hereby declared to be an emergency measurenecessary for the immediate preservation of the public peace, property, health, safety andwelfare in the City and for the usual daily operation of the City for the reasons set forthand defined in the preamble to this resolution, and provided it receives the affirmative

62

vote of at least five members of Council, this resolution shall take effect and be in forceimmediately upon its adoption by the Council and approval by the Mayor, or otherwise itshall take effect and be in force after the earliest period allowed by law.

Adopted:

PRESIDENT

CLERK

Approved:

MAYOR

63

4Fw000• °rLakewood Fire Department • 14601 Madison Avenue . Lakewoo d

Fire Chief 216 - 529 -6658 • Fire Marshal 216 -529 -6660 • Fire Inspector 216- 529 -6665Fax 216- 226 -9963 • www.onelakewood.com

August 30, 2017

Lakewood City CouncilLakewood, Ohio

RE: Donation to Lakewood Alive


SCOTT K. GILMANFIRE CHIEF

Ohio 44107

Administrative Office 216 -529 -6656

The Lakewood Fire Department is working with Lakewood Alive and the AmericanRed Cross to install smoke detectors in the homes of residents that requestdetectors. The donation will provide equipment to Lakewood Alive to install thesmoke detectors. Funds to purchase the equipment will come from an accountestablished by donations from residents to support the installation of smokedetectors. The purchases for the needed equipment will not exceed $ 500. 00.

Thank you for your consideration.

Sincerely,

Scott K. Gilman

Fire Chief

RESOLUTION NO. BY:

A RESOLUTION to take effect immediately provided it receives the affirmativevote of at least five members of Council, or otherwise to take effect and be in force afterthe earliest period allowed by law, authorizing and directing the Director of Finance topurchase tools and smoke detectors in an amount not to exceed $ 500.00 and to donatethose tools and equipment to Lakewood Alive for the purpose of installing smokedetectors in Lakewood homes that are in need of them.

WHEREAS, in partnership with Lakewood Alive, Lakewood is cormnitted toinstalling smoke detectors in homes that are in need; and

WHEREAS, Lakewood Alive is in need of tools and equipment necessary toperform the installation of smoke detectors; and

WHEREAS, Lakewood has funds available from residents who have donatedfunds to facilitate the installation of smoke detectors in Lakewood homes; and

WHEREAS, this Council by a vote of at least five of its members determines thatthis resolution is an emergency measure, and that this resolution shall take effect at theearliest date possible as set forth in Article III, Sections 10 and 13 of the SecondAmended Charter of the City of Lakewood, and that it is necessary for the immediatepreservation of the public peace, property, health and safety, and to provide for the usualdaily operation ofmunicipal departments it is in the best interest of the City purchase anddonate this equipment for use by Lakewood Alive to facilitate the installation of smokedetectors immediately; now, therefore,

BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO:

Section 1. The Director of Finance is authorized to purchase tools and equipmentnecessary for the installation of smoke detectors in Lakewood homes, in an amount not toexceed $ 500.00, and to donate those tools and equipment to Lakewood Alive.

Section 2. It is found and determined that all formal actions of this Councilconcerning and relating to the passage of this resolution were adopted in an open meetingof this Council, and that all such deliberations of this Council and of any of itscommittees that resulted in such formal action, were in meetings open to the public incompliance with all legal requirements.

Section 3. This resolution is hereby declared to be an emergency measurenecessary for the immediate preservation of the public peace, property, health, safety andwelfare in the City and for the usual daily operation of the City for the reasons set forthand defined in the preamble to this resolution, and provided it receives the affirmative

65

vote of at least five members of Council, this resolution shall take effect and be in forceimmediately upon its adoption by the Council and approval by the Mayor, or otherwise itshall take effect and be in force after the earliest period allowed by law.

Adopted:

Approved:

T.

President of Council

Clerk of Council

Mayor

September 5, 2017

Lakewood City Council12650 Detroit Avenue

Lakewood, Ohio 44107

0 Oa " DEPARTMENT OF PLANNING & DEVELOPMENT

OBRYCE SYLVESTER, DIRECTOR

12650 Detroit Avenue 44107 • ( 216) 529 -6630www.onelakewood.com

Re: SBA Municipal Matching Grant Program

Cuyahoga County Contract Authorization & Economic Development Fund Contracting Authority


On August 8, 2017 Cuyahoga County awarded the City of Lakewood $ 150,000 to carry out the SBAMunicipal Matching Grant Program designed to help small businesses to qualify for bank loans insuredby the United States Small Business Administration; stimulate entrepreneurship; facilitate job creation; and strengthen the local economy.

Following this communication is a resolution that, if adopted, authorizes Mayor Summers to execute theattached SBA Municipal Matching Grant Program Contract with Cuyahoga County and authorizesLakewood' s Director of Planning & Development to commit $50,000 from the city' s EconomicDevelopment Fund to satisfy the program' s match requirement.

As the County contract period will commence on October 1, 2017 we are introducing this legislation forinitial consideration on September 5, 2017 and, should it meet Council' s approval, passage onSeptember 18, 2017.

Sincerely,

Bryce Sylvester, AICP

Director of Planning and Development

Attachments

SBA Municipal Matching Grant ContractSBA Municipal Matching Grant Award Letter

67

RESOLUTION NO. BY:

A RESOLUTION to take effect immediately provided it receives the affirmative vote ofat least five members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Mayor to enter into a grant agreement with theCounty of Cuyahoga for the operation of a Lakewood -SBA Small Business Performance GrantProgram, and approving the expenditure of an amount not to exceed $ 50,000.00 from the economic development account within the General Fund for the purposes of the program.

WHEREAS, the City and the County of Cuyahoga have an interest in entering into anagreement for the operation of a $ 150, 000 Lakewood -SBA Small Business Performance GrantProgram to assist small businesses located in Lakewood; and

WHERAS, this Council by a vote of at least five of its members determines that this resolution is an emergency measure, and that this resolution shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City ofLakewood, and that it is necessary for the immediate preservation of the public property, healthand safety, and to provide for the usual daily operation of municipal department in that the grantprogram begins October 1, 2017; now, therefore,


Section 1. The Mayor is hereby authorized and directed, on behalf of the City, to enter in- to a grant agreement with the County of Cuyahoga for the operation of a Lakewood -SBA SmallBusiness Performance Grant Program, the agreement to be on terms approved by the Director ofLaw and in substantially the same form as the document attached as Exhibit A.

Section 2. Council hereby approves the expenditure of an amount not to exceed50, 000.00 from the economic development account within the General Fund for the purposes of

fulfilling the City' s obligations under the program.

Section 3. It is found and determined that all formal actions of this Council concerningand 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 suchformal 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 forthe immediate preservation of the public peace, property, health, safety and welfare in the Cityand for the usual daily operation of the City for the reasons set forth and defined in the preambleto this resolution, and provided it receives the affirmative vote of at least five members of Coun- cil, this resolution shall take effect and be in force immediately upon its adoption by the Council

and approval by the Mayorod allowed by law.

Adopted:

or otherwise it shall take effect and be in force after the earliest peri-

President

Cleric

Mayor

Exhibit A

Grant Agreement

See following pages)

70

GRANT AGREEMENTBETWEEN

COUNTY OF CUYAHOGA, OHIOAND

THE CITY OF LAKEWOODTO FUND

THE LAKEWOOD -SBA SMALL BUSINESS PERFORMANCE GRANTPROGRAM

THIS AGREEMENT (the " Agreement ") is made and entered into this 1st day of October, 2017Effective Date'), by and between the County of Cuyahoga, Ohio, a body corporate and politic and

a political subdivision of the State of Ohio organized and existing under the Charter of CuyahogaCounty effective January 1. 2010, as same may be amended, modified, and supplemented to theeffective date hereof ( hereinafter referred to as the " County "), on behalf of the Department of

Development, and the City of Lakewood, a political subdivision, with principal offices located at12650 Detroit Avenue, Lakewood, Ohio (hereinafter referred to as the "Grantee ").

WITNESETH:

WHEREAS, the County is authorized and empowered by the provisions of Section 307.07 ofthe Ohio Revised Code, to spend monies from the general fund for economic development purposes; and

WHEREAS, the County desires to assist small businesses in the County by providing sourcesof capital to certain lending and grant programs that help these businesses grow and create jobs; and

WHEREAS, the Grantee desires to assist small businesses within its community byencouraging banks to lend capital to these businesses utilizing the SBA loan guarantee program; and

WHEREAS, the Grantee also desires to assist said small businesses that have insufficientequity to attract bank lending interest, even when the SBA guaranteed loan program is utilized, byenhancing these businesses' equity position with publicly funded grants to achieve the desired SBA - guaranteed bank loan to the business; and

WHEREAS, the Grantee has established the Lakewood -SBA Small Business PerformanceGrant Program ( hereinafter referred to as the " Program "), whereby the City of Lakewood intends toprovide performance grants in the form of forgivable loans ( hereinafter referred to as thePerformance Grants") to qualifying small businesses that are seeking SBA - guaranteed bank loans;

and

WHEREAS, the Grantee has established a Lakewood - Cuyahoga County Credit EnhancementFund ( hereinafter referred to as the " Fund ") pool to provide the capital necessary to make thePerformance Grants to qualifying small businesses through the Program; and

71

WHEREAS, the Grantee has committed funding resources dedicated exclusively tocapitalizing said Lakewood - Cuyahoga County Credit Enhancement Fund pool; and

WHEREAS, the Grantee has requested from the County a Grant ( as defined below) to providematching funds to the Fund equal to that of the Grantee's funding commitment; and

WHEREAS, the County desires to make funding available from the general fund through itsCuyahoga County Job Creation Fund for such a Grant:

NOW THEREFORE, in consideration of mutual promises hereinafter set forth, the County andthe Grantee do hereby agree as follows:

ARTICLE I

SECTION 1. 01 Project

The Grantee agrees to undertake, or cause to be undertaken the activities and obligationsdescribed in both EXHIBIT A: " LAKEWOOD -SBA SMALL BUSINESS PERFORMANCE GRANTPROGRAM — SCOPE AND PROCESS OF THE PROGRAM" ( the " Program); and EXHIBIT B: LAKEWOOD- CUYAHOGA COUNTY CREDIT ENHANCEMENT FUND - SCOPE AND USE OF THE

FUND" ( the " Fund ") - both collectively referred to as the " Project" and attached herein.

SECTION 1. 02 Financing Sources for the Project

a) The Grantee has currently appropriated a total of Fifty Thousand Dollars ($ 50, 000. 00) tobe used to capitalize the Fund, and said funding is certified as having been appropriated anddedicated to the Fund for the sole purposes of financing the activities of both the Program and theFund, as evidenced by the City of Lakewood' Finance Director as shown in EXHIBIT C. The City alsocertifies that it possesses the legal authority to proceed with this Agreement.

b) The County now hereby agrees to provide a maximum total of One Hundred FiftyThousand Dollars ($ 150,000. 00) in matching funding assistance ( the " Grant ") to further capitalize theFund subject to the terms and conditions of this Agreement. These funds are to be used solely for thepurpose of making grants ( "Performance Grants') in the form of forgivable loans to qualifying SBA - guaranteed loan borrowers ( the " Borrowers ") as described in the activities and program descriptionsof EXHIBIT A and EXHIBIT B. The Grantee is prohibited from using the Grant funds for any purposeother than providing Performance Grants to the Program' s Borrowers in accordance with the specificprovisions of the Program and the Fund.

SECTION 1. 03 Term and Timetable for Project Activities

a) The term of this Agreement shall begin on the Effective Date first set forth above, andend on the same date twenty -four ( 24) months thereafter, unless sooner terminated as permittedherein, or unless extended by written agreement of the parties hereto.

b) The Project activities of the Grantee are to commence on the Effective Date first setforth above, and shall be undertaken and completed in such sequence as to assure their expeditiouscompletion in light of the purposes of this Agreement, but in any event, all of the activities requiredherein shall be completed within the original term of this Agreement.

c) If at the time of the expiration of this Agreement there are any Grant funds in the Fundthat have not been provided or encumbered for a Performance Grant, and if the Grantee is otherwisein compliance with this Agreement, this Agreement shall automatically renew on a month to month

2of17

72

basis until all such funds have been expended for Performance Grants, or until either party terminatesthis Agreement as permitted herein.

d) All unencumbered and unused Grant funds contributed to the Fund which remain in theFund upon termination of this Agreement shall be immediately returned to the County.

SECTION 1. 04 Program Income

a) If a Borrower' s business project for which a Performance Grant was disbursed fails, isterminated, or if the Borrower defaults on Performance Grant Program requirements such thatPerformance Grant proceeds must be returned to the Program, said proceeds shall be retained withinthe Fund as program income and re- disbursed for eligible activities of the Program.

b) A record of such returned Performance Grant proceeds shall be reported in thequarterly performance report described in Section 3. 05 of this Agreement.

ARTICLE II

Representations and Warranties

The Grantee represents and warrants to the County as of the date of this Agreement andthroughout the time period set forth as described in Section 1. 03 of this Agreement the following:

SECTION 2.01 Authority

This Agreement has been properly authorized pursuant to the required provisions of any andall charter provisions, ordinances, resolutions and regulations of the Grantee. The individuals signingon behalf of the Grantee are authorized to execute this Agreement on behalf of the City of Lakewood.

SECTION 2. 02 Material Facts

No representation or warranty contained herein or made hereunder and no certificate, schedule or other document furnished or to be furnished in connection herewith contains or willcontain any known misstatement of material fact or any intentional omission of any material factrequired to be stated herein.

SECTION 2. 03 Findings for Recovery

Grantee represents and warrants that it is not subject to an " unresolved" finding for recoveryunder Ohio Revised Code Section 9.24. If this representation and warranty is determined to be false, this Agreement is void ab initio, and Grantee must immediately repay to County any funds paid underthis Agreement and must make the County whole for any damages sustained by the County as aresult of such false representation and warranty.

SECTION 2. 04 Non - Discrimination

The Grantee shall act under this Agreement in a manner such that no discrimination will beexercised against any person because of race, color, religion, or national origin, as provided in Title VIof the Civil Rights Act of 1964, and that violation thereof shall be deemed a material breach of thisAgreement.

SECTION 2. 05 Public Records

Grantee acknowledges and agrees that as political subdivisions, both the Grantee and theCounty are subject to the requirements of the Ohio Public Records Law. When Grantee submits

733of17

documents and /or information that properly and legally qualifies as a trade secret under Ohio law, Grantee must segregate all protected information and /or documents submitted to the County andconspicuously mark each page as " CONFIDENTIAL — TRADE SECRET." Grantee may not take

advantage of this process to mark information /documents that it wishes to keep confidential, but donot qualify legally as a trade secret under Ohio law. This Section shall survive the completion of theProject herein and the termination of this Agreement.

SECTION 2. 06 Survival of Representations and Warranties

All agreements, representations, and warranties made by the Grantee in connection with thisAgreement or in any other document or certificate delivered to the County in connection with thetransactions contemplated by this Agreement shall survive the delivery of this Agreement and shallcontinue in full force and effect until the Project is completed.

ARTICLE III

SECTION 3. 01 Governing Law and Jurisdiction

This Agreement shall be governed by and construed under the laws of the State of Ohiowithout regard to conflicts of law provisions. The parties agree that the state and federal courts sittingin Cuyahoga County, Ohio will have exclusive jurisdiction over any claim arising out of thisAgreement, and each party consents to the exclusive jurisdiction of such courts. Grantee herebyagrees not to challenge this Governing Law and Jurisdiction provision, and not to attempt to removeany legal action outside of the County for any reason.

SECTION 3. 02 Disbursement

The County shall process a disbursement for the entire Grant of $ 150,000. 00 to the Granteeupon receipt of acceptable documentation that demonstrates that the Grantee has met any and allrequirements outlined in Exhibits A, B, and C for the establishment of the Program and the Fund.

SECTION 3. 03 Grantee' s Responsibilities

The Grantee shall perform all Project activities hereunder in a fiduciary, professional andefficient manner in accordance with the highest industry standards and practices applicable to theperformance of such services. Grantee shall maintain a standard accounting system that will provideeffective financial controls and use generally accepted accounting procedures.

SECTION 3. 04 County' s Responsibilities

Any provision of this Agreement requiring the approval or consent of the County shall beinterpreted as requiring written action by the Director of the Cuyahoga County Department ofDevelopment granting, authorizing or expressing such approval or consent, unless such provisionexpressly provides otherwise.

SECTION 3. 05 Reporting Requirements

The Grantee shall maintain accurate and independent books, records, and other accountingtransactions in good order, which sufficiently and properly reflect all receipts, deposits, disbursements, and costs expended during performance of the Project. Such records shall be subject at allreasonable times to inspection, review, or audit by the County or other duly authorized federal, state, or local governments.

744of17

The Grantee shall submit to the County on a quarterly basis, on the first ( 1") day and no laterthan the fifteenth ( 15`h) day following the close of the reporting period, a performance report ( thePerformance Report "). The reporting period is defined as the previous quarter ( the " Reporting

Period "). The Performance Report must include any and all informational requirements outlined inExhibits A, B, and C and Section 1. 04 of this Agreement.

Grantee' s failure to meet these reporting requirements on an adequate and timely basis shallconstitute a material default and may result in the termination of this Agreement by the County.

The Grantee shall retain all Performance Reports and financial reports and records pertinentto expenditures incurred under this Agreement for a period of five (5) years after the termination of allactivities funded under this Agreement. All records and reports may be scanned and storedelectronically.

SECTION 3. 06 Default, Remedies and Termination

a) If the Grantee defaults in any material manner in the performance of the terms of thisAgreement, and fails to cure such default within thirty ( 30) days after written notice of such default isreceived by Grantee, then the County shall have the right to exercise concurrently or successively anyone or more of the following rights or remedies by further written notice to Grantee:

1) wholly or partially terminate this Agreement and the rights given to the Grantee in it;

2) temporarily or permanently withhold or reduce funds not yet paid to the Grantee;

3) recover funds previously paid to the Grantee;

4) wholly or partially suspend this Agreement; and /or

5) exercise any and all additional rights the County may have in law or equity.

Upon the failure of Grantee to cure the material default that was the subject of the written notice theCounty may implement any one or combination of remedies set forth above, which remedy shall beeffective five ( 5) days after the date Grantee has received written notice from the County of its intentto implement said remedy.

b) Either party may terminate this Agreement at any time, with our without cause, byproviding the other party written notice at least sixty ( 60) days prior to the effective date of thetermination. If the Grantee terminates this Agreement under this provision, then upon such terminationthe Grantee shall repay to the County any unspent Grant funds. This provision shall not prevent theCounty from requiring repayment of any Grant funds under another provision of this Agreement, except that voluntary termination by the Grantee shall not, by itself, constitute a material breach ordefault under this Agreement.

c) If the County defaults in any material manner in the performance of the terms of thisAgreement, and fails to cure such default within thirty ( 30) days after written notice of such default isreceived by the County, then the Grantee shall have the right to exercise concurrently or successivelyany one or more of the following rights or remedies by further written notice to the County:

1) wholly or partially terminate this Agreement;

2) temporarily or permanently suspend its Program under this Agreement;

3) wholly or partially suspend the Agreement;

755of17

4) exercise any and all additional rights the Grantee may have in law or equity.

Upon the failure of the County to cure the material default that was the subject of a written noticeprovided as set forth above within thirty ( 30) days after notice thereof, the Grantee may implementany one or combination of remedies set forth above, which remedy shall be effective five ( 5) daysafter the date the County has received written notice from Grantee of its intent to implement saidremedy.

SECTION 3. 07 Intentionally Deleted

SECTION 3.08 Publicity

All publicity material( s) pertaining to the Program and /or the Fund shall acknowledge theCounty as a sponsor and include the logo of Cuyahoga County of Ohio. The Grantee shall alsoacknowledge the County as a sponsor on its website including the logo of Cuyahoga County of Ohio. The parties agree that the County shall provide a link from the Department of Development's websiteto the Grantee' s website. The parties also agree that the Grantee shall notify the County in advanceof any news release, or other public communication, or when contacted by any representative of theprint or electronic media concerning news coverage related to the Program and/or the Fund. Allpublic communications issued by the Grantee regarding the Program and /or the Fund shall includethe statement: " Funding for this program ( service) was provided by Cuyahoga County of Ohio'.

Grantee understands and agrees to allow its name to be used in any number of marketingmaterials and communication vehicles for promotion by the County disclosing Grantee' s receipt of theLoan hereunder. This may include, but is not limited to, magazine articles, social media, web features, national and regional advertising on TV, online, radio, newspapers, magazines, outdoor properties, and specialized microsites. Notwithstanding the foregoing, if any such promotional materials includea feature on Grantee ( i. e., information beyond receipt of the Loan) and /or disclose the terms of theLoan, such materials shall be subject to Grantee' s prior consent, which consent shall not beunreasonably withheld, conditioned or delayed.

Grantee releases the County and those acting pursuant to its authority from any and allliability for any violation of any personal or proprietary right Grantee may have in connection with allsuch recordings and uses and marketing materials. Grantee has read and fully understands theterms of this release.

SECTION 3. 09 Personnel Assigned

Communications and details concerning the Program and /or the Fund shall be directed to thefollowing representatives:

Cuyahoga CountyMichael MayCuyahoga County Dept. of DevelopmentEconomic Development Administrator

Email: mmayCo)cuvahogacounty.us

2079 East 9`h Street — 7t" FloorCleveland, Ohio 44115

Telephone: ( 216) 348 -4847

City of LakewoodDaniel Wyman

City of LakewoodDepartment of Planning and DevelopmentEmail: daniel wyman(@lakewoodoh. net

12650 Detroit Avenue

Lakewood, Ohio 44107

Telephone: (216) 529 -7680

766of17

ARTICLE IV

SECTION 4.01 Complete Agreement

This Agreement constitutes the entire agreement and understanding between the parties andsupersedes all prior agreements and understandings relating to the subject matter hereof. Nomodification of this Agreement shall be binding upon the parties unless set forth in writing and signedby both parties, or their respective successors or assigns.

SECTION 4.02 Parties Bound and Benefitted.

This Agreement shall bind and benefit the parties hereto and, as applicable, their respectiveowners, members, directors, officers, representatives, successors, and assigns.

SECTION 4.03 Non - waiver

Either party' s failure to require performance of any item of this Agreement or if it requiresperformance and does not follow through, shall not affect the non - defaulting party' s right to requireperformance at any time thereafter. Additionally, either party' s waiver of any breach or default of thisAgreement shall not constitute a waiver of any subsequent breach or default or a waiver of theprovision itself or any other provision.

SECTION 4.04 Contract Interpretation and Construction

In the event an ambiguity or question of intent or interpretation arises, this Agreement shall beconstrued as though drafted by both parties, and no presumption or burden of proof shall arisefavoring or disfavoring one party by virtue of the authorship of any of the items of this Agreement. SECTION 4.05 Counterparts

This Agreement may be executed in any number of counterparts, each of which shall bedeemed to be an original, and all of which, taken together, shall constitute one and the sameinstrument. Delivery of an executed counterpart of a signature page of this Agreement ( and eachamendment, modification and waiver in respect of it) by facsimile or other electronic transmission, including email, shall be as effective as delivery of a manually executed original counterpart of eachsuch instrument.

SECTION 4.06 Severability

If any item of this Agreement is invalid or unenforceable for any reason, this Agreement shallbe divisible as to such item and the remainder of this Agreement shall be and remain valid andbinding as though such item was not included herein.

SECTION 4.07 Cuyahoga County Code

All County contracts, including this Agreement, are subject to all applicable Countyordinances, resolutions, rules, and policies of the County, including, the Cuyahoga County Code and ,

Title 4: Ethics Ordinance and Title 5: Contracts and Purchasing. Copies of all Cuyahoga CountyCode and all County ordinances are available on the County's web site at

http7// code.cuyahogacounty.us/ and htto7council cuyahogacounty.us /.

7of17

77

SECTION 4.08 Successors and Assigns

This Agreement shall be binding upon and shall inure to the benefit of the Grantee and theCounty and their successors and assigns as permitted hereof. The Grantee shall not assign ortransfer any or all of its rights or obligations under this Agreement without obtaining the prior writtenapproval of the County; provided, however, that if the County approves such assignment or transfer, the Grantee and the permitted assigns shall be bound by the terms and conditions of this Agreement.

SECTION 4.09 No Apparent Authority /Proper Approvals

This Agreement shall be made effective upon execution by the County Executive and theMayor of the City of Lakewood. Grantee recognizes and agrees that no public official or employee ofCuyahoga County may be deemed to have apparent authority to bind the County to any contractualobligations not properly authorized pursuant to the County Code.

SECTION 4.10 Notices

Any notices, correspondence or invoices to be rendered under this Agreement by either partyto the other may be effected by personal delivery in writing or by certified mail, postage - prepaid, return receipt requested, or overnight mail. Notice delivered personally shall be deemed receivedupon actual receipt; notice sent by certified mail shall be deemed received on the date the returnreceipt is either signed or refused; and notice sent by overnight mail shall be deemed received thenext business day.

Notices shall be addressed to the parties at the addresses set forth in Section 3. 07 herein, andto those appearing below:

County: Cuyahoga County, Department of DevelopmentAttention: Director

2079 East 9m Street — Ph FloorCleveland, Ohio 44115

Grantee: City of LakewoodAttention: Daniel Wyman12650 Detroit AvenueLakewood, Ohio 44107

And to: City of LakewoodAttention: Director of Law12650 Detroit AvenueLakewood, Ohio 44107

SECTION 4. 11 ELECTRONIC SIGNATURE POLICY

BY ENTERING INTO THIS AGREEMENT, GRANTEE AGREES ON BEHALF OF THECONTRACTING ENTITY, ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, SUB- GRANTEES, AGENTS OR ASSIGNS, TO CONDUCT THIS TRANSACTION BY ELECTRONIC MEANS BYAGREEING

ELECTRONIC MEANS, ANDNTHATOTHIEIEELECTRONIC SIGNATURES AFFIXED BY

THEBY

E

COUNTY TO SAID DOCUMENTS SHALL HAVE THE SAME LEGAL EFFECT AS IF THATSIGNATURE WAS MANUALLY AFFIXED TO A PAPER VERSION OF THE DOCUMENT. GRANTEEALSO AGREES ON BEHALF OF THE AFOREMENTIONED ENTITIES AND PERSONS, TO BE

8of17

78

BOUND BY THE PROVISIONS OF CHAPTER 304 AND 1306 OF THE OHIO REVISED CODE ASTHEY PERTAIN TO ELECTRONIC TRANSACTIONS, AND TO COMPLY WITH THE ELECTRONICSIGNATURE POLICY OF CUYAHOGA COUNTY.

Authorized representatives of the parties to this Agreement indicating their party' s approval of theterms herein, have signed as of the dates set forth below.

CITY OF LAKEWOOD, OHIO

Date:

The legal form and correctness

of this Agreement is hereby approved:

City of Lakewood, Ohio

INDirector of Law

Date:

COUNTY OF CUYAHOGA, OHIO

MArmond Budish, County Executive

Date:

The legal form and correctness

of this Agreement is hereby approved:

County of Cuyahoga Law DepartmentRobert Triozzi, Director of Law

0Assistant Director of Law

Date:

799 oft7

EXHIBIT A

LAKEWOOD -SBA SMALL BUSINESS PERFORMANCE GRANTPROGRAM

SCOPE AND PROCESS OF THE PROGRAM

PURPOSE:

To foster and accelerate small business entrepreneurship through startups and expansionswithin the City of Lakewood ( "City "); thus promoting the growth of these businesses andcreating new jobs for the community.

To provide funds to attract or maintain small businesses, including, but not limited to, thosebusinesses that need to close a financing gap due to its lack of sufficient cash resources toqualify for conventional bank financing, by providing these entrepreneurs with a performancegrant in the form of a forgivable loan ( i. e. Performance Grant), as well as providing technicalassistance from a program- dedicated, SBA - certified Small Business Development CenterSBDC).

With a performance grant/forgivable loan from the Lakewood - Cuyahoga Credit EnhancementFund, coupled with technical assistance from the SBDC, the combined assistance isstructured to achieve an SBA - guaranteed bank loan for the small business.

DESCRIPTION OF THE BASIC PROGRAM:

The qualifying small business borrower ( the " Borrower ") provides the City with a detaileddescription of its start -up business plan or expansion project (the " Borrower's Project "). The business will be required to identify the 10% equity that it will be contributing to theBorrower's Project.

The City will assist the business in applying to a bank for an SBA guaranteed loan for theBorrower's Project.

The Lakewood - Cuyahoga Credit Enhancement Fund will provide cash in the form of aperformance grant/forgivable loan ( the " Performance Grant ") for 15% of the Borrower' s

Project cost up to a maximum amount of $50, 000. The remaining amount ( i. e. 75 %) will be provided through an SBA - guaranteed bank loan. The

City' s performance grant/forgivable loan is subordinated, put on standby, and forgiven over aspecified period.

The Borrower is also required to obtain technical assistance through the Small BusinessDevelopment Centers as coordinated by the Urban League of Greater Cleveland.

The Borrower is required to provide the following information to the City on each job created andretained:

Rate of pay ( hourly wage and usual number of hours worked per week;

8010 of 17

Whether or not the job provides access to health insurance and other benefits;

Whether or not the job provides access to a retirement savings plan;

The race of the person holding the job ( retained) or newly hired for the job (created); and

The race of the business owner.

TO APPLY, A SMALL BUSINESS MUST DEMONSTRATE /PRESENT THE FOLLOWING:

That the primary operating location of the business is within the city limits of Lakewood; The name(s), contact information, and principal owner(s) of the Borrower;

That annual sales of the business /Borrower do not exceed the established SBA sizestandards;

A detailed description of the Borrower's Project, the cost of the Borrower' s Project, sources & uses of project funding, and the number & types of jobs to be created or retained. The

Borrower's Project may include start -up operations, working capital, the purchase ofmachinery & equipment, property or building renovation /expansion; and

The completed Application Form to the City ( see Attachment 1 to Exhibit B).

TO QUALIFY FOR A PERFORMANCE GRANT A SMALL BUSINESS MUST:

Demonstrate that at least 10% equity from the Borrower is available for the Borrower' s Project;

Receive technical assistance ( business plan instruction) through the Urban League of GreaterCleveland SBDC;

Qualify for an SBA 7( a) or SBA 504 guaranteed bank loan; and

Commit to meet the City's Forgivable Loan Criteria ( see Attachment 1 to Exhibit B).

PROCESS:

1. The City will provide a commitment letter to the small business borrower stating that thebusiness is eligible for the Program and a Performance Grant contingent upon completion ofthe business plan and /or technical assistance provided by the SBDC as coordinated by theUrban League of Greater Cleveland, verification by a participating lender or a certifieddevelopment company of the Borrower' s 10 % equity, and the approval of an SBA loan througha participating lender or by a certified development company. A copy of the commitment letterwill go to the County, the Urban League of Greater Cleveland, the SBA and the participatingbank. If it is a 504 loan, a copy will go to Growth Capital Corporation.

2. Provided the Borrower completes the business plan and /or technical assistance requirementand is approved for either an SBA 7( a) or 504 loan, the City will enter into a forgivable loanagreement with the Borrower that states the Borrower' s commitment to the Borrower' s Projectand the dollar amount of the Borrower' s Project, as well as the fact that the Borrower will be

11 of 17

81

receiving a Performance Grant based on the Borrower' s commitment to meet the City' sForgivable Loan Criteria. The City - Borrower agreement will also state that the PerformanceGrant will take the form of a note of a specified period and that said note is forgivable over thespecified period. The City - Borrower agreement will also state that the note is subordinated tothe SBA 7( a) or 504 loan and is immediately put on full standby ( no payments on the note areto be made by the Borrower).

3. The City and the participating lender or certified development company will coordinate thetiming of the loan so that they occur at the same time and on the same date.

PROGRAM EVALUATION:

After each year in operation, SBA will evaluate the program by measuring current and past SBA loanvolume in the City.

Cuyahoga County will evaluate the program each year by evidence of the achievement of the City'sPerformance Grant Program' s job creation and retention as stated in Attachment 1 to EXHIBIT B.

12 of 17

82

EXHIBIT B

LAKEWOOD- CUYAHOGA COUNTY CREDIT ENHANCEMENTFUND

SCOPE AND USE OF THE FUND

PROGRAM GUIDELINES

PURPOSE:

To combine City and County funding resources toward fostering and accelerating smallbusiness startups and expansions in the City of Lakewood ( " City ") which desires newentrepreneurship and high growth.

To provide funds to attract or maintain small businesses, including, but not limited to, thosebusinesses that need assistance to close a financing gap due to its lack of cash resources toqualify for conventional bank financing, by providing these entrepreneurs with a performancegrant /forgivable loan ( i. e. Performance Grant) and technical assistance from the SBDC ( i. e. the Urban League of Greater Cleveland); said assistance combined to achieve an SBAguaranteed bank loan.

To have the City lead the funding and programmatic operation of the initiative in securing smallbusinesses the above - stated capital financing and negotiating the other critical pathwaysneeded for their success.

QUALIFICATIONS OF MUNICIPALITY PARTICIPATION:

City to provide documentation in a form that is acceptable to the County that a program hasbeen established in a manner that is consistent with EXHIBIT A " SCOPE AND PROCESS OFTHE PROGRAM"

Firm commitment of $ 50, 000 - $ 200, 000 by the City to the Lakewood -- County CreditEnhancement Fund, set aside for a two -year period, which will be utilized to provideperformance grants /forgivable loans for qualified small business borrowers.

Demonstrated bank interest for participation in the City' s Program.

REQUIREMENTS OF CITY:

City to certify that is possesses the legal authority and has appropriated funds to meet therequirements of the contract as provided in the attached form — EXHIBIT C.

Establish an intake point - person who will be responsible for administrating the Program andact as coordinator with the County, the Urban League and the SBA as provided in EXHIBIT A.

Bof17

83

The point person will also be responsible for handling the business needs that are associatedwith the application such as obtaining any City permits and approvals. The City may also offerother incentives to the business such as waiver of permit fees and tax abatement, etc.

JOB CREATION EVALUATION AND REPORTING:

Performance of the City will be evaluated according to the City' s loan criteria ( "Forgivable LoanCriteria ") set forth in Attachment 1 to this EXHIBIT and by a standard job creation /retentiongoal of one ( 1) job created and /or retained per each $ 35,000 of grant capital provided.

The City to provide documentation to the County on a quarterly basis, detailing for eachspecific loan: the business name /address /owner( s), the description of the Borrower' s Project, the extent to which the City' s Forgivable Loan Criteria have been met, total loan amount, usesof the funds, close date, and loan forgiveness timetable. Reporting must include the

following information for each job created and each job retained:

Rate of pay (hourly wage and usual number of hours worked per week;

Whether or not the job provides access to health insurance and other benefits;

Whether or not the job provides access to a retirement savings plan;

The race of the person holding the job (retained) or newly hired for the job ( created); and

The race of the business owner.

OTHER DOCUMENTATION REQUIRED:

The City' s Forgivable Loan Criteria in Attachment 1 ( including targeted industries and targetedareas), and Loan Agreements, Notes and Subordination boilerplates will be provided to theCounty.

The City' s Program requirements ( e.g. lending caps, small business borrower qualifications, required business plans, and SBDC technical assistance) will be provided to the County.

PARTNERS, DEFINITIONS, ROLES AND RESPONSIBILITIES:

PERFORMANCE GRANT: A forgivable loan from a Participating Municipality ( as defined below) to aneligible small business borrower. Said forgivable loan is funded by both the City and CuyahogaCounty through the community' s designated Municipal- County Credit Enhancement Fund. ThePerformance Grant is forgiven over a specified period. The Performance Grant is subordinated andplaced on standby, and thus considered equity by the SBA.

PARTICIPATING City: A qualified City in Cuyahoga County that creates and operates a Municipal - SBA Small Business Performance Grant Program and assembles and operates an associatedMunicipal- Cuyahoga County Credit Enhancement Fund, as described above, for the benefit ofqualified small business borrowers within its community.

APPLICANT: A small business eligible under the SBA capital access loan programs, publicized underSOP 5010. Applicants must use all project funding as stated in their business plan and SBAapplication.

8414 of 17

UNITED STATES SMALL BUSINESS ADMINISTRATION: The Cleveland District Office of the U. S. Small Business Administration will help identify participating municipalities, coordinate lenderparticipation in the Initiative, assist borrowers in obtaining SBA bank approvals and track loanapprovals. SBA will nominate a point person to manage SBA's responsibilities under the Initiative. CUYAHOGA COUNTY: Cuyahoga County will provide matching grant funds to a qualifying Municipal - Cuyahoga County Credit Enhancement Fund with a Participating Municipality that will be usedto provide performance grants /forgivable loans ( Le. Performance Grant) to qualifying smallbusinesses within the municipality.

BUSINESS PLAN: The business plan must be prepared with guidance from the SmallBusiness Development Center ( SBDC), as coordinated by the Urban League of GreaterCleveland. Said business plan must contain reasonable projections, a clear sources and usesof funding statement, and any other requirements determined by the SBDC. If a businessplan is not appropriate, the SBDC must render the relevant technical assistance and explainthe nature of said assistance to the participating lender or CDC as well as the SBA. SMALL BUSINESS DEVELOPMENT CENTER ( SBDC): The Cuyahoga County Lead

Center at the Cleveland Urban League, or another Cuyahoga SBDC such as those residingat Cleveland State University, the Hispanic Chamber or the Women' s Business Center atECDI, as delegated by the Urban League. The Urban League will designate a point person toperform intake, counsel businesses, and confirm the creation of a sufficient business plan oralternative technical assistance.

PARTICIPATING LENDER: Lender participation will be solicited by the Cleveland DistrictOffice of the SBA. Participating Lenders must agree to inform the Cleveland District Officewhen an Applicant receives approval and authorization. Participating Lenders must have anSBA 750 Agreement on file with SBA or be a certified development company. ParticipatingLenders must agree to make potential Applicants aware of the program. Generally, anylender willing to participate in the program and who has a valid lending agreement with theSBA can participate. Participating Lenders must designate a point person at the bank tofacilitate the review and processing of SBA loans made under this Initiative. ParticipatingLenders are responsible for confirming that all project proceeds are used for SBA - eligible

ply with all SBApurposes and for confirming the borrower' s equity participation, plus comStandard Operating Policies ( "SOPs ") and Regulations.

15 of 17

LR

ATTACHMENT 1

TO EXHIBIT B

CITY OF LAKEWOOD

Forgivable Loan Criteria

Target MarketSmall businesses seeking to locate or expand their current operations in the City of Lakewood; Entrepreneurs seeking to start a small business in the City of Lakewood; New and existing small businesses that advance the commercial development goals outlined inLakewood' s Community Vision document and support the overall objectives of the city' s long -termeconomic development strategy as follows:

Ensure the long -term viability of the city's commercial corridors; Create new and/ or retain existing jobs; Complement and strengthen economic development efforts along Madison Avenue (Madison onthe Move Initiative); Utilize sustainable development practices; Preserve and respect Lakewood' s historic context; Increase the City's tax base; Stimulate or leverage private investment.

Businesses located in Lakewood' s HUD - designated Commercial Improvement Target Area.

Criteria

Forgivable loans are based on a three to five year payback period; Eligible uses of forgivable loan funds include but are not limited to capital expenditures, permanentbuilding improvements, and building purchase; Ineligible uses of forgivable loan funds include but are not limited to working capital, marketing andsales expenses; and the purchase of equipment and furnishings; The scope of eligible forgivable loan fund uses may be amended at the City's discretion on a projectbasis;

New BusinessesBusiness Plan with performance projections reviewed and approved by the city' s SmallBusiness Development Center (SBDC) partner; Current and projected payroll for the forgivable loan payback period; Resumes of principals with at least a 10% ownership stake in the funded business concern; Detailed project budget that clearly identifies the all funding sources and the intended uses offorgivable loan funds;

Conformity with Lakewood's zoning and signage ordinances and the city' s building code. Existing Businesses

Complete, certified financial statements (most recent two years); Performance projections for the forgivable loan payback period; Current and projected payroll for the forgivable loan payback period; Resumes of principals with at least a 10% ownership stake in the funded business concern; Detailed project budget that clearly identifies the all funding sources and the intended uses offorgivable loan funds;

Conformity with Lakewood' s zoning and signage ordinances and the city's building code.

8616 of 17

EXHIBIT C

AUTHORIZATION AND CERTIFICATIONDEPARTMENT OF DEVELOPMENT

I. GENERAL INFORMATION

Community: Contact Person: Daniel Wyman

Department of Planning &

Title: Development

Address:

Phone #: 216) 529 -7680Zip Code

Fax #: 216) 529 -5907Main Phone #:

E -Mail: daniel.wyman @lakewoodoh.net Fed Tax ID M

II. LEGAL AUTHORITY

City of Lakewood

12650 Detroit Avenue, Lakewood, OH

44107

521 -7580

34- 6001633

1 certify that this Community possesses the legal authority to proceed with this contract if it isexecuted, that the information contained herein is true and correct and that the submittal of thiscontract has been duly authorized.

P. SummersMayor

Signature

III. CERTIFICATION OF FUNDS

1 certify that the $ 50,000 matching funds from the City of Lakewood, required to meet therequirements of this contract, have been lawfully authorized and appropriated.

Jennifer R. PaeDirector of Finance

Date

FE17 of 17

f

DEPARTMENT OF PUBLIC WORKS12650 DETROIT AVENUE - 44107 • ( 216) 529 -6800

August 25, 2017

Lakewood City Council and Mayor

RE: Ohio Public Works Commission — Program Year 2018

Dear Members of City Council and Mayor Summers,

JOSEPH J. BEND, PE

Director of Public Works

MARK K. PAPKE, PE, CPESC

City Engineer

The Public Works Department, Division of Engineering and Construction is recommendingsubmitting grant and loan applications for two (2) capital improvement projects.

The 2019 Watermain Replacement Project would entail replacement of existing 6" diameterlines, sewer improvements, and pavement resurfacing at the following two street segments:

O Lake Avenue (Belle to Webb); andO Lakewood Heights Boulevard (Riverside to terminus near McKinley);

The CSO -002 Elimination — High Rate Treatment project would entail the construction of

new High Rate Treatment facility behind the Lakewood Animal Shelter. This Ohio EPA

mandated project would eliminate CSO -002.

Please see the attached legislation required to be submitted with the grant application for the tworeferenced projects. Based on the response dates required by OPWC, these resolutions need tobe adopted at the October 2, 2017 meeting or sooner. Please contact me if you have any furtherquestions.

Respectful

Marls K. Pake, PE, CPESCCity Engineer

Copy to: Joe Beno — Lakewood Public Works Director

www.onelakewood. com

RESOLUTION NO. BY:

A RESOLUTION to take effect immediately provided it receives the affirmative vote of atleast five 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 anapplication to participate in the Ohio Public Works Comrission State Capital ImprovementProgram, Local Transportation Irprovement Program or any other appropriate Olio Public WorksCommission program that these projects qualify for and to execute contracts as required.

WHEREAS, both the State Capital Improvement Program and the Local Transportationhmprovement Program provide financial assistance to political subdivisions for capitalimprovements to public infrastructure; and

WHEREAS, The City of Lakewood is planning to make capital improvements to thewatenmains and sewer system at Lake Avenue and Lakewood Heights Boulevard as well as theconstruction of a new high rate waste water treatment facility; and

WHEREAS, the infrastructure improvements described above are considered to be a priorityneed 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 permitsmunicipalities to exercise all powers of local self - government and to adopt and enforce within theirlimits such as local police, sanitary and other regulations as are not in conflict with general laws; and

WHEREAS, this Council by a vote of at least five of its members determines that thisresolution is an emergency measure, and that this resolution shall take effect at the earliest datepossible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City ofLakewood, and that it is necessary to provide for the usual daily operation of municipal departmentsin that the OPWC application deadline is October 5, 2017; now, therefore


Section 1. The Mayor of the City of Lakewood, or his designee, is hereby authorized toprepare and submit an application to participate in the Ohio Public Works Commission StateCapital Improvement Program, Local Transportation Improvement Program, or any other OhioPubic Works Commission frmding program that these projects qualify for.

Section 2. The Mayor, the Director of Public Works, Director of Law and the Director ofFinance for the City of Lakewood are authorized to enter into any agreements as may be necessaryand appropriate for obtaining this financial assistance.

no

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 thatall 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 theusual daily operation of the City for the reasons set forth and defined in the preamble to thisresolution, and provided it receives the affirmative vote of at least five members of Council, this

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

Adopted:

Approved:

President

Clerk

Mayor

held on the following day. A Docket and Agenda ofthe ...Sep 05, 2017 · r Council at Large RYAN P....

Documents

Transcript of held on the following day. A Docket and Agenda ofthe ...Sep 05, 2017 · r Council at Large RYAN P....