The Clerk at the beginning of the meeting will present the ...Jun 05, 2017 · various sections of...

DOCKET

OF A MEETING OF

THE LAKEWOOD CITY COUNCIL

TO BE HELD IN THE COUNCIL CHAMBERS

LAKE,WOOD CITY HALL - 12650 DETROIT AVENUE

JUNE 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 May 15, 2017.

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

1. Committee of the Whole Report regarding May 15, 2017 ( Proposed ThirdAmended Charter) & June 5, 2017 Committee of the Whole Meeting. Mr.

O' Leary; Chair ( To Be Provided)

2. RESOLUTION NO. 8932 -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 toenter into an agreement with Western Reserve Distillers, LLC or its designee

for participation in the Lakewood Business Investment Program (BIP) of the

Economic Development Fund (EDF) for a three -year loan in the amount of

90, 000.00. ( READ & REFERRED TO COMMITTEE OF THE WHOLE

5/ 15/ 17( Pg. 7)

3. Finance Committee Report regarding Ordinances 21 - 17 & 22 -17. Mr.

Bullock; Chair. ( To Be provided)

4. ORDINANCE NO. 23 -17 — AN ORDINANCE to take effect immediatelyprovided it receives the affirmative vote of at least five members of Council,

or otherwise to take effect and be in force after the earliest period allowed bylaw, authorizing the Director of Finance to enter into Equipment Leases informs approved by the Director of Law on behalf of the City of Lakewood

City "). (SUBSTITUTE TO BE PROVIDED 1St READ, REFERRED TO

FINANCE COMMITTEE 5/ l/ 17, 2ND READING 5/ 15/ 17) ( Pg. 46)

5. ORDINANCE NO. 25 -17 — AN ORDINANCE to take effect immediatelyprovided it receives the affirmative vote of at least five members of Council,

or otherwise to take effect and be in force after the earliest period allowed bylaw, authorizing the transfer and advance of certain funds. ( SUBSTITUTE

TO BE PROVIDED1sT

READING & REFERRED TO FINANCE

COMMITTEE 5/ 15/ 17) ( Pg. 49)

6. Rules & Ordinances Committee Report regarding Ordinance 24 -17. ( To Be

Provided). Mr. Litten; Chair.

7. ORDINANCE 24 -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, amending

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various sections of Chapter 505, Animals and Fowl, of the Codified

Ordinances of the City of Lakewood to update and provide penalties forviolations of those provisions. ( READ, REFERRED TO RULES &

ORDINANCES COMMITTEE 5/ 1/ 17, 2N1) READING 5/ 15/ 17) ( Pg. 51)

NEW BUSINESS * * **

8. Communication from Council President O' Leary regarding AmendingSections of the Code pertaining to Lakewood Community RelationsAdvisory Commission. ( Pg. 54)

9. ORDINANCE NO. 26 -17 — an ordinance amending Section 142.05, Advisory, and Section 142.09, Public Records; Reporting Duties of theCodified Ordinances of the City of Lakewood to restore the role and dutiesof the Community Relations Advisory Commission to those set forth in theoriginal founding ordinance and to make an administrative change. ( Pg. 55)

10. Communication form Council President O' Leary regarding Notice ofAugust Recess. ( Pg. 57)

I (. Communication from Council President O' Leary and Councilmember Littenregarding Lakewood Catholic Academy Green Ribbon Recognition. ( Pg.58)

12. RESOLUTION NO. 8936 -17 — a resolution to recognize the students,

teachers and administrators of Lakewood Catholic Academy for theirenvironmental stewardship and to congratulate them upon being selected asa 2017 U.S. Department of Education Green Ribbon School. ( Pg. 59)

13. Communication from Councilmember Marx regarding Welcome TheCenters for Families & Children' s new Early Learning Center. ( Pg. 60)

14. Communication from Mayor Summers regarding Advancing Sustainabilityof Lakewood. (Pg.61)

15. Communication from Public Works Director Beno regarding Design -Buildcontract approval for Kokosing Industrial. ( Pg. 62)


immediately provided it receives the vote of at least five members ofCouncil, or otherwise to take effect at the earliest period allowed by law,

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authorizing the Director Public Work to enter into a design -build form ofagreement for the design and construction of upgrades to the wastewater

treatment plant with Kokosing Industrial in an amount not to exceed1, 300,000. ( Pg. 63)

17. Communication from Finance Director Pae regarding 2018 Tax Budget, 2018 Tax Advance Resolution and 2018 Tax Rate Resolution. ( Pg. 83)


immediately provided it received 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, approving the Tax Budget of the City ofLakewood, State of Ohio for the year 2018, and authorizing the filing ofsame with the Cuyahoga County Fiscal Officer. ( Pg. 84)

19.RESOLUTION NO. 8939 -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, requesting the Cuyahoga County FiscalOfficer to draw and the Cuyahoga County Treasurer to pay to the City ofLakewood Director of Finance an advance of all real, personal property andestate taxes and special assessments collected in the year 2018 in suchamounts as may be requested and available. ( Pg. 85)


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

earliest period allowed by law accepting the amounts and rates asdetermined by the Budget Commission and authorizing the necessary taxlevies and certifying them to the County Fiscal Officers. ( Pg. 87)

21. Communication from Law Director Butler regarding 2017 quarterlycodification ordinances. (Pg. 89)

22. ORDINANCE NO. 27 -17 — AN ORDINANCE to take effect immediatelyprovided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force at the earliest period allowed bylaw, to approve the editing and inclusion of certain ordinances as parts of thevarious component codes of the Codified Ordinances and to provide for thepublication of such new matters. ( Pg.90)

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23. Communication from Planning and Development Director Sylvesterregarding 2017 Community Vision Update. ( Pg. 92)

24.RESOLUTION NO. 8941 -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 at the

earliest period allowed by law, concur with the Lakewood PlanningCommission in the adoption of the updated Lakewood Community Vision.

Pg. 93)

25. Communication from Law Director Butler regarding Second extension ofmoratorium on cultivation, processing, or retail sale of medical marijuana.

Pg. 95)

26.RESOLUTION NO. 8942 -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 at the

earliest period allowed by law, to extend a moratorium on the granting ofbuilding permits or certificates of occupancy for any building, structure, useor change of use that would enable the cultivation processing, or retail sale

of medical marijuana for a period not to exceed 90 days from the effectivedate of this resolution, in order to allow Council and the Lakewood PlanningCommission to review applicable Ohio statutes, criminal codes and the

Lakewood Zoning Code relative to such use. ( Pg. 96)

27. Liquor Permit Application for a new Cl permit class to Ryang Familys LLCd/ b /a Gorkhali Grocery 13413 Madison Ave, (Pg. 99)

s

REFERRED TO COMMITTEE OF THE WHOLE5/ 15/ 17.

RESOLUTION NO. 8932 - 17BY;

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 earliestperiod allowed by law, authorizing the Mayor or his designee to enter into an agreement withWestern Reserve Distillers, LLC or its designee for participation in the Lakewood BusinessInvestment Program ( BIP) of the Economic Development Fund ( EDF) for a three -year loan inthe amount of $90, 000.00.

WHEREAS, as an authorized use of the City of Lakewood' s entitlement allocation offederal Community Development Block Grant dollars, the EDF was established and approved byLakewood City Council on December 2, 1996 in order to promote business investment andredevelopment in Lakewood for the purpose of supporting Lakewood' s competitiveness andattractiveness as a location for new businesses and the expansion of existing businesses; and

WHEREAS, the BIP was established and approved by Lakewood City Council on June 2, 1997 as a means for implementing the EDF in order to provide needed and appropriate assistanceand support to companies investing in Lakewood that would foster redevelopment efforts toincrease jobs, generate new tax revenue, and provide for physical improvements in Lakewood; and

WHEREAS, Western Reserve Distillers, LLC has applied for one loan under the BIP inorder to complete a financial package to support the improvement of property located at 14221Madison Avenue, Lakewood, Ohio 44107 ( Permanent Parcel 314 -22 -007); and

WHEREAS, Western Reserve Distillers, LLC has established a successful business; and

WHEREAS, this application by Western Reserve Distillers, LLC meets and exceeds theGeneral Assistance Guidelines of the BIP; and

WHEREAS, the Economic Development Committee convened on , 2017 and,

reviewed, and approved recommendation of the BIP application by Western Reserve Distillers, LLC; and

WHEREAS, an Agreement pursuant to Section II - Basic Criteria of the BIP General

Assistance Guidelines will be executed by Western Reserve Distillers, LLC, agrees to create orcause to be created at least five (5) full- time - equivalent jobs; and

WHEREAS, in order to enter into loan agreements under the BIP with Western ReserveDistillers, LLC, Lakewood City Council must grant authority for the City to enter into suchagreements; and

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WHEREAS, this Council by a vote of at least five members thereof determines that thisresolution is an emergency measure, and that this resolution shall take effect at the earliest datepossible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the Cityof Lakewood, and that it provides for the usual daily operation of municipal departments in thatthe funding for the expansion of this project is required in June, 2017; now, therefore

BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO:

Section 1. The Mayor or his designee is hereby authorized and directed to enter into anagreement, in substantially the same form as that attached as Exhibit A, with Western ReserveDistillers, LLC or its designee for participation in the Lakewood Business Investment ProgramBIP) of the Economic Development Fund ( EDF) for a three -year loan in an amount of90,000. 00 toward the redevelopment of the property located at 14221 Madison Avenue,

Lakewood, Ohio 44107 ( Permanent Parcel 314 -22 -007) in compliance with and under the termsof the BIP of the EDF; said agreement to contain such terms and conditions as deemed necessaryby the Director of Law to protect the public interest.

Section 2. 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 any of its committees that resulted in suchformal actions, were in meetings open to the public in compliance with all legal requirements.

Section 3. This resolution is hereby declared to be an emergency measure necessary forthe immediate preservation of the public peace, property, health, safety and welfare in the 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 ofCouncil, this resolution shall take effect and be in force immediately upon its adoption by theCouncil and approval by the Mayor, or otherwise it shall take effect and be in force after theearliest period allowed by law.

Adopted:

Approved:

X

President

Clerk of Council

Mayor

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

ECONOMIC DEVELOPMENT FUND PROGRAM

LOAN AGREEMENT

Between

The City of Lakewood

Western Reserve Distillers, LLC

THIS LOAN AGREEMENT (the " Agreement ") is entered into as of 2017 by

and between the CITY OF LAKEWOOD ( the " City" or " Lender "), an Ohio municipal corporation,

and Western Reserve Distillers, LLC., an Ohio Limited Liability Company located at 14221Madison Avenue, Lakewood, OH 44107 duly organized and validly existing under the laws of theState of Ohio, by and through its duly authorized representative.

WITNESSETH:

A. WHEREAS, the Borrower has applied for an Economic Development Fund ( "EDF ") LOAN ( the " Loan ") to assist with permanent building improvements at 14221Madison Avenue, PPN 314 -22 -007 (the " Project Site ");

B. WHEREAS, the City has determined the project to be funded by the Loan meetsthe objectives and requirements of the Lakewood Economic Development Fundand the federal Community Development Block Grant Program;

C. WHEREAS, the City has determined the Loan project, as defined in Section 1. 01of this Agreement, is in the public interest and that the Borrower' s performanceof the Loan development activities will accomplish some or all of the following: alleviate physical and economic deterioration, eliminate and /or prevent therecurrence of slum and blight, stimulate economic revitalization, improve the

declining tax base and create and /or retain jobs and employment in thecommunity;

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D. WHEREAS, the City desires to make the Loan to Borrower so that Borrower cancarry out its plans, subject to the terms and conditions of this Agreement as setforth below;

E. WHEREAS, City Council adopted Resolution on approving the

loan as described below attached hereto as Exhibit A -1.

NOW, THEREFORE, in consideration of the mutual promises and covenants stated belowand other good and valuable consideration, receipt and sufficiency of which are herebyacknowledged, the City and the Borrower agree as follows:

ARTICLE I - PROJECT

Section 1. 01 Loan Project

Borrower shall undertake, or cause to be undertaken, the activities described in the Cityof Lakewood Economic Development Assistance Summary ( collectively referred to as theProject "), attached as Exhibit A -2 to this Agreement.

The Project shall consist of permanent improvements to the structure located at 14221Madison Avenue. The total cost of the Project shall be approximately $ 3, 000,000.

Section 1. 02 Sources and Uses of Project Funds

The total cost of the project is approximately $3, 000,000 and shall be financed from thefollowing sources:

1) The Loan from City to Borrower which shall be in the amount of NinetyThousand Dollars ($90, 000) in accordance with Article II and the otherprovisions of this Loan Agreement (the " Funds" or " Loan Funds ").

2) Borrower equity in the amount of $2, 900,000

The Loan shall be contingent upon the Borrower's procuring either a contract from areputable lender and /or showing documented evidence of the equity necessary to completethe Project. Borrower shall not employ financing sources other than those identified aboveunless Borrower receives the prior written approval of the City.

Use of City Loan Funds

The Loan from the City to the Borrower ( " Loan Funds ") shall be in the amount of NinetyThousand ($ 90,000) in accordance with Article II and the other provisions of this LoanAgreement. Such Loan Funds shall be used for:

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Permanent improvements to 14221 Madison Avenue $ 90,000

Section 1. 03 Timetable for Proiect Activities

Borrower shall perform the Project in accordance with the following schedule:

Activity Commencement Date Completion Date

Per improvements to 14221 Madison Avenue Start Date» Complete Date>>

Section 1. 04 Guarantee of Completion

Borrower unconditionally and irrevocably guarantees timely completion of the Project inaccordance with Section 1. 03 of this Loan Agreement. To accomplish complete and timelyexecution of the Project, Borrower shall make payment for any cost overruns. This guarantee

shall not hinder the City in any way from requiring other individuals or entities not party to thisAgreement, including but not limited to tenants, contractors and subcontractors, to makesimilar guarantees in connection with the Project.

Upon the City' s request, the Borrower shall provide the City a completion guaranty withrespect to said obligation in the form of a performance bond, letter of credit or, if the City shallso require, a completion guaranty personally executed by the Borrower.

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

If completion of the Project is delayed at any time by an act or neglect of the City or bylabor disputes, fire, unusual delay in deliveries, unavoidable casualties, or other causes beyondBorrower' s control, the time for completion of the Project shall be extended by mutualagreement in writing between the Borrower and the City.

Section 1. 05 Job Creation Hiring Documentation & Reporting Requirements

Total & Low - Moderate Income Job Creation & Hiring Requirements

Borrower agrees to create no fewer than five ( 5) new, permanent, full -time equivalentFTE) jobs within a period not exceeding twenty -four ( 24) months after execution of this

Agreement. Moreover, Borrower pledges and will document as follows at least 51 percent51 %), a minimum of three ( 3), of the jobs created will be suitable for, made available to, and

held by low- moderate income ( LMI) persons earning less than 80% of the Area Median IncomeAMI) established annually by the U. S. Department of Housing and Urban Development ( HUD) prior to being hired. The standard for job creation shall be that set by HUD at 24 Code of

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Federal Regulations ( CFR), Part 570.208 -209, and failure to create these job opportunities

within the above specified time period shall constitute loan default.

Pre -Close Documentation Requirements

Prior to loan closing, Borrower shall complete and submit:

1) Baseline Employment Summary, included as Exhibit D, or a reasonablealternative method of documentation approved by the City, indicating its totalnumber of payroll positions, total number of employees, and total number of

payroll positions suitable for low- and moderate - income persons prior to

executing this Agreement. This will establish a benchmark from which tomeasure and verify new, permanent positions created and employees hired as aresult of the funded project. A copy of Borrower' s Certified Payroll for the periodimmediately prior to executing this Agreement must also accompany theBaseline Employment Summary;

2) Job Creation & Hiring Plan, included as Exhibit E, indicating the FTE positions tobe created as a result of the funded project including each position' s company -

assigned title, HUD - defined job category, suitability for occupancy by an LMIperson, and whether or not health care benefits will be provided.

Documentation of LMI Status and Other Characteristics

Borrower agrees to document the annual household income, prior to being hired, andother characteristics ( race /ethnicity, disability, elderly, female head of household status) ofboth applicants considered for and persons employed to fill positions created as a result of the

funded project utilizing the Income Self- Certification & Data Form, attached as Exhibit F.

All job - related documentation identified herein must be retained for at least three ( 3)

years following the date Borrower is notified in writing by the City its job creation and hiringrequirements have been satisfied or, in the event of non - compliance, until the loan has beenrepaid in full.

Reporting Requirements

Borrower agrees to convey actual job creation and employment activity to the Cityutilizing the lob Creation & Hiring Report, included as Exhibit F, which must be completed andsubmitted semi - annually according to the following schedule for the duration of during of thisAgreement:

1) Before July 31, describing activities conducted between January 1 and June 30 ofthe current year, and;

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2) Before January 31, describing activities conducted between July 1 and December31 of the previous year.

Each semi - annual Job Creation & Hiring Report must be accompanied by a copy of theBorrower' s Certified Payroll dated the final day of the reporting period (June 30 or December31) and an Income Self- Certification & Data Form completed by all persons interviewed for andhired to fill positions created as a result of the funded project.

ARTICLE 11 - THE LOAN

Section 2.01 The Loan. Rate and Note

Subject to the terms and conditions of this Agreement, together with the Open -EndMortgage and Secured Promissory Note attached as Exhibits B and C, the City agrees to lend tothe Borrower the sum of Ninety Thousand Dollars ($ 90,000) subject to the conditions set forthin Section 2. 02 Terms of Repayment and Section 2. 03 Disbursement of Funds.

The Borrower' s obligation to repay the Loan shall be evidenced by and repayable inaccordance with the terms of this Agreement and the Open -End Mortgage and SecuredPromissory Note of even date and attached as Exhibits B and C.

Section 2.02 Terms of Repayment

The principal sum of the Economic Development Fund Loan ( Secured Promissory Note) shall be payable on demand upon default. In accordance with the provisions of this Agreementand the Secured Promissory Note of even date, the City shall forgive Thirty Thousand Dollars

18,000) of the original principal sum of Ninety Thousand Dollars ($ 90,000) of the Loan

Secured Promissory Note) each consecutive year commencing on << DATE>> and continuing

until the first to occur of: ( a) the balance of the Economic Development Fund Loan ( SecuredPromissory Note) is $ 0. 00 or ( b) the Borrower fails to comply with its obligations under thisEconomic Development Fund Program Loan Agreement and the Secured Promissory Note ofeven date in accordance with the terms and conditions set forth in this Agreement and in theOpen -End Mortgage and Secured Promissory Note of even date and attached as Exhibits B andC.

A. Loan Payments

Borrower agrees to make all payments, if necessary, promptly and payable to the City ofLakewood at the following address, or at such other address as the City may designate inwriting:

City of LakewoodDepartment of Planning & Development

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12650 Detroit Avenue

Lakewood, Ohio 44107

Attention: Director of Planning

All payments shall be applied first to interest or other fees and then to principal.

Section 2. 03 Disbursement of Loan Funds

A. Requirements for Disbursement:

i) The loan funds shall not be disbursed until Borrower has submitted to theCity, and had accepted by the City, any certificates, documents andinstruments required by this Loan Agreement or the Loan Documents informs satisfactory to the City and its attorneys; and

The loan funds shall not be disbursed until Borrower has submitted toCity, and had accepted by the City, evidence of payment or an invoice forprofessional services in connection with the Project.

B. City to Disburse Funds to Borrower:

Upon receipt of the above information required in Section 2. 03( A)( i)( ii), and any otherrequirement set forth by this Agreement, the City shall disburse Loan Funds to the Borrower foreligible costs, as listed in Section 1. 02.

C. Disbursement Checks:

The Loan disbursement check shall be mailed to the following address until otherwisespecified by the Borrower:

Kevin & Ann Thomas, Owners


Mailing Address>>

ARTICLE III - REPRESENTATIONS AND WARRANTIES

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

Section 3. 01 Organization

Borrower is an Ohio Limited Liability Company, duly organized, validly existing, and ingood standing under the laws of Ohio and has power to carry on its business as it is presently

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being conducted, to enter into and observe the provisions of the Loan Documents and toborrow hereunder.

Section 3. 02 Authorization

Borrower' s act of entering into and performing under this Agreement, including theexecution and delivery of the Loan Documents, has been duly authorized by all necessarycompany action and will not violate any law, rule, regulation, order, writ, judgment, decree, determination or award presently in effect and having applicability to Borrower or any provisionof Borrower' s articles of incorporation or bylaws or result in a breach of, or constitute a defaultunder, any indenture, bank loan, credit agreement, or any other agreement or instrument towhich Borrower is a party or by which it or its property may be bound or affected.

Section 3.03 Enforceability

When this Agreement is executed by both Borrower and the City, certified by the City' sDirector of Finance and approved by the City' s Director of Law, and when the Loan Documentsare executed and delivered by Borrower for value, each such instrument shall constitute thelegal, valid, and binding obligation of the parties thereto in accordance with its terms.

Section 3. 04 Litigation

There are no legal actions, suits, or proceedings pending, or, to the knowledge ofBorrower, threatened against Borrower before any court or arbitrator, or administrative

agency, which, if determined adversely to Borrower, would have an adverse effect on thefinancial condition or business of Borrower which have not been disclosed to the City.

Section 3. 05 Governmental Consents

No authorization, consent, or approval, or any formal exception of any governmental

body, regulatory authorities (federal, state, or local) or mortgagor, creditor, or third party is orwas necessary to the valid execution and delivery by Borrower of the Loan Documents.

Section 3. 06 Absence of Default

Borrower is not in default of any obligation, covenant, or condition contained in anybond, debenture, note, or other evidence of indebtedness or any mortgage or collateralinstrument securing the same.

Section 3. 07 Tax Returns and Payments

Borrower has filed all required tax returns and has paid or made provision for thepayment of all taxes which have or may become due pursuant to said returns or pursuant to

P 1 5Page 7 of 19

any assessments levied against Borrower or its personal or real property by any federal, state, or local taxing agency. The Internal Revenue Service, or any other federal, state, or local taxingagency, has not asserted any tax liability against Borrower for taxes materially in excess of thosealready provided for, and Borrower knows of no basis for any such deficiency assessment.

Section 3. 08 No Adverse Change

Since the date of application for the Loan, there has been no material and adversechange in the financial condition, organization, operation, business prospects, fixed assets, orpersonnel of Borrower.

Section 3. 09 Material Fact

No representation or warranty contained or made in this Agreement, and no certificate, schedule, or other document furnished or to be furnished in connection with this Agreementcontains or will contain a misstatement of material fact or omits or will omit to state a materialfact required to be stated herein or therein.

Section 3. 10 Prohibition of Conflict of Interest

No individual who is an employee, officer, agent, consultant of the City, an electedpublic official, member of the City Council or appointed City public official, who exercises or hasexercised any functions or responsibilities with respect to any activities that are connected withthis Project or who is in a position to participate in a decision- making process or to gain insideinformation with regard to the Project, may obtain a personal or financial interest or benefitfrom the Project.

Nothing in this section shall prevent an individual connected with the Project fromacting on a board which acts only in an advisory capacity, if that individual' s connection to theProject is made known to the advisory body so that the advisory body may take action toaddress any conflict, including committee assignment, voting privileges, or attendance atmeetings involving issues which may affect the Project.

Also, the aforementioned individuals shall not have an interest in any contract, subcontract, or agreement with respect thereto, or in the proceeds thereunder, either forthemselves or those with whom they have family or business ties. The above restrictions shallapply to all activities comprising the Project, and shall cover any such interest or benefit duringor at any time after, such person' s tenure and for one year thereafter.

Section 3. 11 Full Understanding and Voluntary Acceptance

Borrower represents that Borrower has had reasonable opportunity in the negotiationof this Agreement. Therefore, in any construction of this Agreement, the Agreement shall notbe construed against any party on the basis that the party was the drafter.

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In entering this Agreement, Borrower represents that it relied upon the advice of itsattorneys who are attorneys of their own choice and that the terms of this Agreement andattached Exhibits and documents have been completely read and explained to Borrower byBorrower' s attorneys, and that the terms are fully understood and voluntarily accepted byBorrower. Borrower represents that the City afforded Borrower the opportunity to completelyread and ask questions of the City concerning the terms of this Agreement and attachedExhibits and documents and that Borrower fully understands and voluntarily accepts thoseterms.

ARTICLE IV - CONDITIONS OF LENDING

The obligation of the City to make the Loan shall be subject to the fulfillment to theCity' s satisfaction on the Execution Date of each of the following requirements set forth inSection 4. 01 through Section 4.06.

Section 4.01 Execution and Delivery of Loan Documents

Borrower shall execute and deliver to the City the Loan Documents each in a form andsubstance satisfactory to the City and its attorneys.

Section 4.02 Execution and Delivery of Open -End Mortgage and Secured Promissory Note

Borrower' s obligation to make payments of principal and interest on the Loan and anyother sums payable under the Loan Agreement shall be stated in the open -End Mortgage ofeven date and attached as Exhibit B and secured with the Security Promissory Note of evendate and attached as Exhibit C.

Section 4. 03 Governmental Approval

Borrower shall secure all approvals, permits, and consents of governmental bodieshaving jurisdiction with respect to any Project activities.

Section 4.04 Approval of Others

Borrower shall secure all necessary approvals and consents required with respect to thistransaction by any mortgagor, creditor, or other party having any financial interest in Borroweror Borrower' s property.

Section 4.05 No Event of Default and Representations and Warranties

There shall exist as of the Closing Date no event or condition, which constitutes an Eventof Default as hereinafter defined in Article VII, or which, after notice or lapse of time or both,

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would constitute such an Event of Default and no such event shall occur as a result of suchborrowing.

Section 4.06 Guaranties /Security

Borrower shall provide the following duly executed guaranty and /or securitydocument( s) as required by the City:

1) Corporate Guaranty: The Borrower shall provide the City a corporate guaranty withrespect to the Secured Promissory Note which shall guarantee the punctual and fullpayment of the principal and interest on the Loan as well as all other amountspayable by Borrower pursuant to this Loan Agreement, and the prompt observanceand performance by the Borrower of all of the covenants, agreements, and otherprovisions in this Loan Agreement.

2) A Secured Party Interest on Purchased Equipment: Borrower shall enter into aSecured Party Interest Agreement with the City of Lakewood for purchased lifesafety infrastructure and equipment to be located at 13301 Athens Avenue, Lakewood, Ohio 44107.

ARTICLE V - AFFIRMATIVE COVENANTS

Borrower shall comply with the following covenants set forth in this article from theExecution Date until the Loan has been fully repaid to the City, including any interest obligation, unless the City otherwise consents in writing.

Section 5. 01 Re- Payment of Loan

Borrower shall pay by the due dates established in the Secured Promissory Note of evendate and attached as Exhibit B the principal and interest on the Note and any other amountsthat become due and payable to the City pursuant to this Agreement or pursuant to the LoanDocuments.

Section 5. 02 Payment of Other Indebtedness

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

Section 5. 03 Maintain and Insure Property

Borrower shall maintain during the term of this Agreement the real and personal

property provided as security for the Loan, in such condition, maintenance, and repair that theCity' s security will be adequately protected and that the business carried on in connectiontherewith may be properly and advantageously carried out at all times.

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During the term of this Agreement, Borrower shall maintain insurance policies andsubmit copies of same to City, providing general liability coverage, property coverage ( fire andextended coverage hazard or special form insurance policy), builders risk coverage ( ifapplicable), workers' compensation insurance, and such other insurance reasonably required bythe City and its attorneys in amount sufficient to avoid any significant out -of- pocket payment byborrower in the event of a reasonably insurable loss ( except a reasonable deductible). The

aforementioned insurance shall be issued by companies reasonably satisfactory to the City withlanguage specifically indicating that the City is an " additional insured" and /or " loss payee," asappropriate to the type of coverage, and that any insurance proceeds will be paid to the City.

Section 5. 04 Payment of Taxes

Borrower shall duly pay and discharge all applicable taxes, assessments, andgovernmental charges levied upon it or against its properties prior to the date on whichpenalties would attach thereto, except that Borrower shall not be required to pay any such tax, assessment or governmental charge which is being contested by Borrower in good faith and byappropriate and timely proceedings, provided that Borrower provides prior written notice tothe City of the contest and proceedings.

Section 5. 05 Maintain Existence

Borrower agrees to maintain its existence within the City of Lakewood, Ohio in full forceand effect and to carry on its business at 13001 Athens Avenue, Lakewood, OH 44107 in amanner intended to be profitable for the term of Loan ( Five [ 5] years). Borrower may merge, consolidate, or otherwise reorganize only upon written permission from the City, whichpermission shall not be unreasonably withheld.

Section 5. 06 Information

During the term of this Agreement, Borrower shall:

1) Keep and maintain records, books of account and other documents relatingdirectly to all matters covered by this Agreement, including its receipt anddisbursement of

Loan funds, in which complete entries will be made reflecting all of its businessand financial transactions, such entries to be made in accordance with generallyaccepted accounting principles consistently applied.

2) Borrower shall comply with all reporting requirements of the United StatesDepartment of Housing and Urban Development ( HUD) and the City ofLakewood.

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Section 5. 07 Disclosure of Documents

All of the records, information, data, reports, etc., prepared or assembled by theBorrower under this Agreement are confidential and the Borrower does covenant and agreethat those items shall not be made available to any individual or organization, other than anagency of the United States Government, without the prior written approval of the City.

Applicable federal, state, and local laws shall govern disclosure of documents, which arein the possession of the City.

Section 5. 08 Inspection

Borrower shall permit any duly authorized representative of the United StatesDepartment of Housing and Urban Development ( HUD), the City, or any other appropriategovernmental official at all reasonable hours, upon reasonable notice, and as often as

reasonably requested, to have the right to ( 1) inspect the personal property, and real estateused to secure the Loan; ( 2) inspect Borrower' s books of account (and to make copies of and /orextracts therefrom); or (3) discuss with agents and employees of Borrower: Borrower' s affairs, employment and contracting goals, finances, accounts and compliance with the terms of thisAgreement.

Borrower shall provide statements, records, data and the City free access and entry toany portion of Borrower' s premises for the purposes of such inspections and discussions untilthe terms of this Agreement have been complied with and fulfilled.

Section 5. 09 Notice of Default

Within ten ( 10) days of any event, which constitutes an Event of Default, as defined inArticle VI, or as defined under any of the Loan Documents, Borrower shall provide writtennotice to the City of the event. If an event occurs which would, with notice or lapse of time, constitute an Event of Default; Borrower shall likewise give notice to the City within ten ( 10) days of the discovery of that event.

Section 5. 10 Indemnification

Borrower shall be fully responsible and shall indemnify and hold harmless the City, itsofficials, employees and agents against all liability, claims, demands, losses, damages, delaysand costs arising from any act or omission by, or negligence of Borrower and its officers, agents, or employees or its contractor or subcontractor or the officers, agents or employees' of thecontractor or subcontractor while engaged in the performance of this Agreement.

Also, no member, official, or employee of the City or of its agents or contractors shall bepersonally liable to Borrower in the event of any default or breach of the Agreement by theCity.

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Section 5. 11 Expense of Collection or Enforcement

In the event Borrower defaults on any provision or obligation contained in the LoanDocuments or this Agreement, Borrower shall pay the City an amount equal to the City' s costsand expenses of collection, enforcement or correction of such default in addition to any otheramounts that may be due from Borrower on the Loan.

Moreover, the Borrower' s obligations and duties to the City, which are set forth in thisSection, shall continue unabated until the City has no environmental obligations or liabilitiesunder any local, state or federal laws and any rules or regulations thereunder.

ARTICLE VI - EVENTS OF DEFAULT

The entire unpaid principal of the Note and any other amounts due under the LoanDocuments shall become and be immediately due and payable upon the written demand of theCity, without any other notice or demand of any kind of presentment or protest, if any one ofthe following events occurs ( an " Event of Default ") and is continuing at the time of suchdemand, whether it is voluntary or involuntary or, without limitation, occurring or broughtabout by operation of law or pursuant to or in compliance with any judgment, decree or orderof any court or any order, rule or regulation of any administrative or governmental body.

Section 6. 01 Default and Cure

1) Default Under Note -- If Borrower shall fail to comply with its obligations under

this Agreement and the Secured Promissory Note of even date.

2) Payment Default Under Other Indebtedness -- If default shall exist in the

payment when due of any installment of principal or interest on any ofBorrower' s other indebtedness and if such default shall remain unremedied forthirty (30) days whether such other indebtedness is in existence at the ExecutionDate or incurred after such date;

3) Incorrect Representations or Warranties -- If any representation or warranty

contained in or made in connection with the execution and delivery of thisAgreement or in any certificate furnished pursuant hereto shall prove to havebeen incorrect or untrue in any material respect when made;

4) Default in Covenants -- If Borrower defaults in the performance of any other

term, covenant, or agreement contained in the Loan Documents and suchdefault shall continue unremedied for thirty (30) days after the earlier of either:

1) the default becoming known to an executive officer of Borrower; or ( 2) written notice thereof was given to Borrower by City;

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5) Voluntary Insolvency -- If Borrower becomes insolvent, ceases to pay its debts asthey mature, voluntarily files a petition seeking reorganization of, or theappointment of a receiver, trustee, or liquidator, for itself or a substantialportion of its assets, with the purpose of effecting a plan or other arrangements

with creditors, is adjudicated bankrupt, or makes a voluntary assignment for thebenefit of creditors;

6) Involuntary Insolvency -- If an involuntary petition is filed against Borrower

under any bankruptcy, insolvency, or similar law seeking the reorganization of, orthe appointment of any receiver, trustee, or liquidator, for Borrower or asubstantial part of its assets, or a writ or warrant of attachment or similar

process is issued against a substantial part of Borrower' s assets, and suchpetition is not dismissed, or such writ or warrant is not released or bonded,

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

7) Judgments -- If final judgment is entered against Borrower for the payment of

money and such judgment is not fully covered by liability insurance and is inexcess of Ten Thousand Dollars ($ 10, 000) and is not discharged or appealed with

execution of said judgment stayed pending appeal, or, if such judgment beaffirmed on appeal and not discharged within thirty (30) days.

Section 6.02 Remedies

If the Borrower defaults and fails to cure as set forth in Article VI of this Agreement, then

the City shall have the right to exercise concurrently or successively any one or more of thefollowing rights and remedies:

I. Wholly or partially terminate this Loan Agreement and the rights given tothe Borrower in it;

II. Temporarily or permanently withhold or reduce funds not yet paid to theBorrower;

III. Recover funds previously paid to the Borrower;

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

V. Wholly or partially suspend the Agreement;

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

Termination pursuant to clause ( 1) above shall be effective five ( 5) days after the datethe City has given written notice to the Borrower of such termination. If City chooses any of the

P 2 2Page 14 of 19

other remedies outlined, that remedy is effective immediately upon default of any of theobligations pursuant to this Agreement.

ARTICLE VII- MISCELLANEOUS

Section 7.01 Waivers

The City' s failure or delay in exercising any right, power, or remedy hereunder shall notoperate as a waiver thereof. The City' s single or partial exercise of any such right, power or

remedy shall not preclude any other or further exercise thereof of the exercise of any otherright, power or remedy hereunder.

No modification or waiver of any provision of the Loan Documents, nor any consent toany departure by Borrower therefrom, shall in any event be effective or established by a court, custom, or course of dealing unless the same is in writing and executed by Borrower and theCity. Such waiver of consent shall be effective only for the specific purpose for which it wasgiven or limited to the particular breach so waived. Notice to or demand on Borrower in oneinstance shall not entitle Borrower to any other further notice or demand in othercircumstance.

Section 7.02 Agreement Amendments

Borrower and the City hereby expressly reserve all rights to amend or to consent to, orwaive; departure from any provisions of the Loan Documents and to release or otherwise dealwith any collateral security for the payment of the Note; provided, however, that the Borrowermust receive the prior written approval of the City and that all such amendments shall be inwriting and executed by Borrower and the City.

Section 7.03 Notices and Communications

All notices, consents, requests, demands and other communications required hereundershall be in writing and shall be deemed to have been duly given to a party hereto if mailed asfollows:

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

City of LakewoodDepartment of Planning & Development12650 Detroit Avenue


Attn: Bryce Sylvester, Director

With a copy to:

City of Lakewood

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Department of Law

12650 Detroit Avenue


Attn. Law Director

If to the Borrower:

Mr. Kevin Thomas & Ms. Ann Thomas

Mailing Address>>

Section 7. 04 Survival of Representations and Warranties

All agreements, representations, and warranties made by Borrower and City inconnection with the Loan or the Loan Documents shall survive the delivery of the LoanDocuments and shall continue in full force and effect so long as the Note is outstanding.

Section 7.05 Successors and Assignments

This Agreement shall be binding upon and shall inure to the benefit of Borrower and theCity. When used herein, the terms " Borrower" and " City' shall include any successors andpermitted assignees or any entity designated by either party to carry out the obligations of theparty regarding the Project.

Section 7. 06 Counterparts

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

Section 7.07 Prohibition Against Assigns

Borrower shall remain primarily liable for all obligations, terms, conditions andcovenants stated herein. Borrower shall not assign, delegate, or transfer any or all of its rightsor obligations under the Loan Documents without obtaining the prior written approval of the

City, which permission shall not be unreasonably withheld; provided, however, that if the Cityapproves such assignment or transfer, then Borrower and /or the permitted assignees shall bebound by the terms and conditions of the Agreement, together with the Open -End Mortgageand Secured Promissory Note of even date and attached as Exhibits B and C.

Section 7.08 Compliance with Federal State and Local Laws and Regulations

Borrower and its subsidiaries, if any, shall comply with all applicable federal laws andregulations thereunder, executive orders and circulars, governing the receipt, expenditure, and

use of the Funds.

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Borrower agrees that in carrying out the Project, it, or its contractor, shall comply with

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

Section 7. 09 SeverabilitV

In the event that any provisions of the Loan Documents or the application thereof isdeclared null and void, invalid, or illegal, or is held for any reason to be unenforceable by acourt of competent jurisdiction, the remainder of each of the Loan Documents shall remain in

full force and effect and shall not be in any way affected, impaired, or invalidated by thoseprovisions. All covenants, conditions, and agreements contained in the Loan Documents aredeemed and agreed to be separate.

Section 7. 10 Choice of Law

This Loan Agreement shall be deemed to have been executed and delivered within the

State of Ohio, and the rights and obligations of the parties shall be construed and enforced inaccordance with, and governed by, the laws of the State of Ohio without regard to principles ofconflicts of laws.

Section 7. 11 Term of Agreement

This Loan Agreement shall remain in full force and effect until the satisfaction or

cancellation of the Note.

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IN WITNESS WHEREOF, after due authorization, the parties have each caused this Loan

Agreement to be duly executed as of the date written above.

Approved As To Legal Form

By: Law Department

CITY OF LAKEWOOD, OHIO

Michael P. Summers, Mayor

Address: 12650 Detroit Avenue



UT

03

Kevin Thomas, Owner

Ann Thomas, Owner

Address:

P 2 6 Page 18 of 19

STATE OF OHIO )

SS:

COUNTY OF CUYAHOGA )

On this day of j 2017, BEFORE ME,

a Notary Public duly authorized in and for said County and Stateaforesaid to take acknowledgments, personally appeared Michael P. Summers, to meknown to be Mayor of the CITY OF LAKEWOOD, an Ohio municipal corporation, who

acknowledged that he did sign the foregoing instrument and that the same is his free actand deed and the free act and deed of said CITY OF LAKEWOOD.

IN WITNESS WHEREOF, I have hereunto set my hand and affix my official seal atOhio, this day of 2017.

Notary Public

STATE OF OHIO )

SS:

COUNTY OF CUYAHOGA )

On this day of 2017, BEFORE ME,

a Notary Public duly authorized in and for said County and State, personally appeared Kevin Thomas and Ann Thomas, Owners of Western ReserveDistillers, LLC., who acknowledged that he did sign the foregoing instrument and thatthe same is his free act and deed and the free act and deed of Western Reserve

Distillers, LLC.

IN WITNESS WHEREOF, I have hereunto set my hand and affix my official seal atOhio, this day of 2017.

Notary Public

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EXHIBITS

Exhibit A- 1 City Council Resolution

Exhibit A -2 City of Lakewood Economic Development Assistance Summary

Exhibit B Open -End Mortgage

Exhibit C Secured Promissory Note

Exhibit D Baseline Employment Summary

Exhibit E Job Creation & Hiring Plan

Exhibit F Income Self- Certification & Data Form

Exhibit G Job Creation & Hiring Report

NNE

EXHIBIT A -1

City Council Resolution

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EXHIBIT A -2

City of LakewoodWestern Reserve Distillers, LLC

Economic Development Assistance Summary

February 2016

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OVERVIEW

Project Site 14221 Madison Avenue

Project Scope

Permanent improvements to the former Fridrich Moving & Storage Building including interior and exterior

rehabilitation; fagade improvements; code violation corrections; accessibility enhancements; and construction

of an approximately 1, 600 square foot addition that will house a tasting room, gift shop, bottle sales, and a full- service restaurant.

Borrower /Grantee Western Reserve Distillers, LLC

Contact( s) Kevin & Ann Thomas, Owners

City Programs Economic Development Loan Fund ( CDBG)

Storefront Renovation Program ( CDBG)

Project Timeline Substantial Completion by Fall 2017

FINANCIALS

Total Project Costs Approximately $3 Million

Public Financing $ 100,000 (approximately 3.3% of completed project value)

90,000 CDBG Economic Development Loan forgivable over five ( 5) years at $ 18, 000 per annum assumingBorrower satisfies job creation, reporting, and other requirements.

10, 000 Commercial Property Revitalization Program ( CPR) rebate applied to eligible facade renovation andcode correction expenditures under program guidelines.

Private Financing Approximately $2. 9M ( approximately 96. 7% of completed project value)

RATIONALE FOR CITY ASSISTANCE

Economic Development Fund ( EDF) and Commercial Property Revitalization Program ( CPR) financial assistance willfacilitate and expedite Western Reserve Distillers' transformative approximately $ 3M investment in the rehabilitationand expansion of the former Fridrich Moving & Storage Building for the purpose of housing a distillery and full- servicerestaurant that will create 25 -30 new jobs by Winter 2017 /Spring 2018; generate income and property tax revenue; and

fortify the burgeoning Madison Avenue commercial corridor.

LAKEWOOD' S ECONOMIC DEVELOPMENT LOAN FUND

The Economic Development Fund ( EDF) provides low interest loans and grants to for - profit businesses seeking to

relocate to or expand their current operations in the City of Lakewood. The program' s primary goals include stimulatingredevelopment and revitalization; creating new, permanent FTE jobs for low- moderate income persons; generating new

tax revenue; upgrading the City' s commercial and industrial and building stock; and enhancing the Lakewood' s regionalcompetitiveness.

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Loan Terms

Five ( 5) years;

Forgivable at $18, 000 per year based on continued satisfaction of all loan terms including the following EDFprogram job creation and reporting requirements.

Western Reserve Distillers must secure all private financing commitments necessary to complete the projectprior to issuance of Economic Development Loan funds.

The City will lien on the subject property against its $90,000 in EDF loan assistance releasable over five ( 5) yearsin $ 18, 000 increments predicated on satisfaction of all loan terms including the job creation, documentation,

data collection, and reporting requirements detailed below. Western Reserve Distillers must execute a project completion guarantee with the City.

Job Creation, Documentation, Data Collection & Reporting Requirements

As Lakewood' s EDF is funded with federal Community Development Block Grant (CDBG) dollars, Borrowers must complywith the following CDBG job creation, documentation, data collection, and reporting requirements.

Job Creation

Western Reserve Distillers must create no fewer than ( 5) new, permanent, full -time equivalent (FTE) jobs within

24) months following execution of the City of Lakewood EDF Loan Agreement; At least (3) of the jobs created must be suitable for and held by low- moderate - income (LMI) persons earning lessthan 80% of the Area Median Income ( AMI) established annually by the U. S. Department of Housing Urban

Development (HUD) prior to being hired. Failure to fulfill job creation requirements within the performance period constitutes loan default.

Data Collection

The annual household income, prior to being hired, and other characteristics ( race /ethnicity, disability, elderly, femalehead of household status) of all applicants considered for and persons employed to fill positions created as a result of

the funded project must be documented and submitted on City - provided forms.

Documentation

Prior to loan closing, the following documents must be submitted to and approved by the City of Lakewood.

Baseline Employment Summary indicating Borrower' s total number of payroll positions, total number ofemployees, and total number of payroll positions suitable for low- moderate income persons prior to executingthe EDF Agreement to establish a benchmark from which to measure and verify new, permanent positions

created and employees hired as a result of the funded project.

Certified Payroll for the period immediately prior to executing the EDF Agreement; Job Creation & Hiring Plan indicating the number and type of FTE positions to be created as a result of thefunded project.

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Reporting

Borrowers must submit semi - annual Job Creation & Hiring Reports on city - provided forms documenting actualjob creation and hiring as a direct result of the funded project for the duration of the loan term.

Definitions

HUD 2016 Income Limits

Family Size Over - Income Low -Mod Income Low - Income Very -Low Income1 person 37, 351 & above 23, 351- $ 37, 350 14,001- $ 23, 350 0-$ 14,000

2 persons 42, 651 & above 26,651- $ 42, 650 16,021- $ 26,650 0-$ 16,020

3 persons 48, 001 & above 30,001- $ 48, 000 20, 161- $ 30,000 0-$ 20, 160

4 persons 53, 301 & above 33, 301- $ 53, 300 24,301- $ 33,300 0-$ 24,300

5 persons 57, 601 & above 36,001- $ 57, 600 28,441- $ 36,000 0-$ 28,440

6 persons 61, 851 & above 38,651- $ 61, 850 32, 581 - $ 38, 650 0 - $ 32, 580

7 persons 66, 101 & above 41, 301- $ 66, 100 36,731- $ 41,300 0 - $ 36,730

8 persons 70,401 & above 44,001- $ 70,400 40,891- $ 44,000 0-$ 40,890

A " low- moderate income position" does not require special skills that can only be acquired with substantialtraining, work experience or education beyond high school as a prerequisite. However, the Borrower may hireunqualified persons and provide training necessary to perform the job.

EDF Program Contact: Dan Wyman, Development Officer

Department of Planning & Development216 -529 -7680 • Daniel. Wyman @lakewoodoh.net

LAKEWOOD' S COMMERCIAL PROPERTY REVITALIZATION PROGRAM

Lakewood' s Commercial Property Revitalization Program ( CPR) improves the appearance, structural integrity, and long- term sustainability of the City' s primary commercial structures and corridors, and incentivizes private investment byoffering financial support for facade improvements and the correction of code violations. Assistance is provided as a

rebate of up to 40% of eligible project costs up to $30,000. Recipient businesses are held to higher design standards to

inspire innovation and creativity. All projects must comply with Lakewood' s Sign Ordinance and receive approval by theCity' s Architectural Board of Review.

Eligible exterior improvements include, but are not limited to, brick re- pointing and cleaning; replacement of bulkheadand tile work, roof repair /replacement; carpentry; masonry; door /window replacement; enhanced ADA accessibility; parking lot and aesthetic site improvements; and signage. Certain interior code improvements are also eligible whencompleted in conjunction with exterior facade improvements including electrical, plumbing and structural repairs. Atleast 75% of CPR assistance must be utilized for exterior improvements.

CPR Program Contact: Alex Harnocz, City Planner

Department of Planning & Development216 -529 -5933 • Alex. Harnocz @lakewoodoh. net

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EXHIBIT B

C: IOO

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

OPEN -END MORTGAGE

This Open -End Mortgage is executed and made this day of _ 2017, by Western Reserve

Distillers, LLC ( the " Mortgagor'), whose address is Ohio 44_ in favor of the CITY OF

LAKEWOOD, OHIO, a political subdivision of the state of Ohio and whose address is 12650 Detroit Avenue, Lakewood, Ohio 44107 ( hereinafter called " Lender ").

WHEREAS, Mortgagor is indebted to Lender in the principal sum of Ninety Thousand Dollars($90,000),

which indebtedness is evidenced by Mortgagor' s promissory note of even date herewith (the " Note "); and

NOW, THEREFORE, to secure to Lender: ( a) the repayment of: ( i) the indebtedness evidenced by theNote and ( ii) all other sums advanced in accordance herewith to protect the security of this Mortgage, all withinterest thereon; and ( b) the performance of the covenants and agreements of Borrower herein contained, Mortgagor does hereby execute and deliver this Mortgage, and herby grants and conveys to Lender a securityinterest in all of Mortgagor' s estate, title and interest in the property located in Lakewood, County ofCuyahoga and State of Ohio as described in Attachment A, attached hereto and made a part hereof; saidpremises more commonly known as Lakewood, Ohio ( hereinafter from time to time the

Property "); and

In furtherance hereof, the Mortgagor represents and covenants to Lender:

1. That at the execution and delivery of this Mortgage, Mortgagor is well- seized of the Property infee simple, has good and marketable title and right to bargain and sell the same in manner and form as abovewritten, that the same is free from all encumbrances whatsoever except for easements, covenants, conditions, restrictions, limitations and liens of record on the date hereof, and that Mortgagor will warrant and defendsaid Property, as above conveyed, with the above - mentioned appurtenances to the said Lender, itssuccessors, agents and assigns, forever, against all lawful claims or demands whatsoever.

2. That the lien, pledge and security interest of this Mortgage is a good and valid lien, pledge andsecurity interest on all of the Property, subject to mortgage[ s] in favor of

hereinafter collectively referred to as the "Senior Mortgage "). All rights granted to the Lender hereunder are

subject and subordinate to the holders of the Senior Mortgage.

1C'

3. To promptly pay when due the principal of and interest on the indebtedness evidenced by theNote, late charges as provided in the Note, and the principal of and interest on any future advances secured

by this Mortgage. Privilege is reserved to prepay at any time, without premium or fee, the entireindebtedness or any amount thereof.

4. To pay all ground rents ( if any), taxes, water rates, public or private utility charges, and othergovernmental or municipal charges, fines, impositions, assessments, of any kind levied or imposed against the

Property, and, upon request therefor, to promptly deliver the official receipts thereof to Lender or itsdesignated agent. Tax receipts are to be delivered semi - annually and within 30 days after payment.

5. To keep the Property fully insured for the benefit of Lender in insurance companies acceptableto Lender or its designated agent, to deposit the policies of insurance with Lender or its designated agent, andto name Lender as a beneficiary on the face of said insurance policy. Receipts for payment of such insurancepremiums are to be delivered not less than annually.

Provided that; paragraphs 4 and 5 shall be deemed as properly performed by Mortgagor to the extentthe Senior Mortgage is in effect which makes full provisions for the fulfillment of all such obligations of

Mortgagor, so long as the Lender is added as a named beneficiary of said insurance policies, and receipts arepromptly delivered to Lender or its designated agent.

6. To assign to Lender ( subject to the Senior Mortgage and any senior lenders rights), the

proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation orother taking of the Property, or any part thereof, or for conveyance in lieu of condemnation. Said proceedsshall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Mortgagor. In the eventof a partial taking of the Property, there shall be applied to the sums secured by this Mortgage suchproportions of the proceeds as are equal to that proportion which the amount of the sums secured by thisMortgage immediately prior to the date of the taking bears to the fair market value of the Propertyimmediately before taking, with the balance of the proceeds paid to Mortgagor.

Unless Lender and Mortgagor otherwise agree in writing, any such applications of proceeds to principalshall not extend or postpone the due date of the monthly installments referred to in the recitals above, orchange the amount of such installments.

7. To pay to Lender or its designated agent the total amount due under this Mortgage upondemand, should Lender accelerate the indebtedness pursuant to paragraph 12 below.

8. To keep the Property in as good order and condition as they are now, together with anyimprovements thereon, reasonable wear and tear excepted, and will not commit or permit waste and shall

make all necessary or appropriate repairs, replacements and renewals thereof, interior, exterior, structural andnon - structural, ordinary and extraordinary, foreseen and unforeseen. Mortgagor shall not do, or permit to bedone, any act or thing which might materially impair the value or usefulness of the Property or any part thereof, shall not commit or permit any waste of the Property or any part thereof, and shall not permit any unlawfuloccupation, business or trade involving the Property to be conducted. Lender may make or cause to be madereasonable entries upon and inspections of the Property, provided that Lender shall give Mortgagor noticeprior to any such inspections specifying reasonable cause therefor related to Lender' s interest in the Property.

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9. Mortgagor shall, at Mortgagor' s own expense, from time to time as requested by Lender, take

such actions and execute and deliver to Lender all such instruments, supplements, further assurances and security

or other agreements as may be required or requested by Lender in order to perfect and continue Lender' s lien, pledge and security interest in the Property hereunder. Mortgagor hereby irrevocably appoints Lender asMortgagor' s agent and attorney -in -fact to sign all such instruments, supplements, further assurances and securityand other agreements in the event that Mortgagor shall fail to do so upon request by Lender.

10. Except as otherwise expressly permitted by the Note and this Mortgage, Mortgagor shall notdirectly or indirectly sell, convey, assign, transfer or otherwise dispose of fee title to the Project facilities or anypart thereof or interest therein without the prior written consent of Lender, which consent shall not be

unreasonably withheld. Mortgagor shall not directly or indirectly create or permit to remain, and will promptlydischarge, any mortgage, lien, encumbrance or charge on, pledge of, security interest in or conditional sale orother title retention agreement with respect to the Property or any part thereof or the interest of Lender therein

or any revenues, income or profit or other sums arising from the Property or any part thereof. Notwithstandingthe foregoing, no consent by Lender shall be necessary in connection with the transfer of membership interests inthe Mortgagor.

11. Mortgagor shall not suffer or permit any mechanics' or other liens to be filed or to exist against theProperty or any payments paid or payable under the Loan Documents, by reason of work, labor, services ormaterials supplied or claimed to have been supplied to, for or in connection with the Property or to Mortgagor, or

anyone holding the Property or any part thereof through or under Mortgagor. If any such lien shall at any time befiled, Mortgagor shall, within thirty (30) days after notice of the filing thereof but subject to the right to contest asherein set forth, cause the same to be discharged of record by payment, deposit, bond, order of a court ofcompetent jurisdiction or otherwise. Notwithstanding the foregoing, Mortgagor shall have the right, atMortgagor' s expense and after written notice to Lender, by appropriate proceeding timely instituted anddiligently prosecuted, to contest in good faith the validity or the amount of any such lien. If, however, Lendershall notify Mortgagor that, in the opinion of independent counsel, by nonpayment of any such items the lien, pledge or security interest created by this Mortgage as to any part of the Property will be materially affected orthe Property or any part thereof will be subject to imminent loss or forfeiture, Mortgagor shall promptly causesuch lien to be discharged of record, as herein provided.

12. On the breach of any condition or covenant of this Mortgage or on default under thePromissory Notes secured hereby, Lender has the following remedies, subject to the rights of the holders ofthe Senior Mortgage:

a. Foreclosure proceedings may be instituted at the option of Lender, and the fees andcharges of Lender' s attorneys shall be a further lien and charge upon the Property under this Mortgage, and allsuch expenses shall become additional indebtedness secured by this Mortgage and shall be allowed in anydecree foreclosing this Mortgage. Notwithstanding the foregoing, Lender shall not foreclose upon any part ofthe Property so long as HUD maintains a first mortgage with respect to such part of the Property.

b. Acceleration of the unpaid principal balance together with all interest and charges

thereon, may, at the option of the Lender, be declared immediately due and payable, without notice ordemand, such notice or demand being expressly waived by Mortgagor.

P36

C. Exercise of all or any rights and remedies as Lender may have under the LoanDocuments; and of any rights, remedies and powers Lender may have at law or in equity.

Provided that, prior to foreclosure or acceleration, Lender shall mail notice to Mortgagor specifying: (1) the breach, ( 2) the action required to cure such breach; ( 3) a date, not less than 30 days from the date thenotice is mailed to the Mortgagor, by which such breach must be cured; and ( 4) that failure to cure suchbreach on or before the date specified in the notice may result in acceleration of the sums secured by thisMortgage, foreclosure by judicial proceeding and sale of the Property. Upon payment and cure by Mortgagor, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration hadoccurred.

13. Upon failure of Mortgagor to pay any ground rents, taxes, water rates, public or private utilities,

other governmental charges, insurances policy premiums, prior liens, and charges thereon, which Mortgagorhas agreed to pay under paragraphs 4 and 5 above, Lender may, at its option, pay the same, and any amountso paid by Lender shall be added to the principal debt named herein and bear interest at the rate charged bythe prior lienholder, payable monthly, from the date of such payment, and shall be secured by this Mortgage.

14. Subject to the rights of the holders of the Senior Mortgage, Lender shall have the right at itsoption, to collect the rental income and proceeds of the Property, if any, or to appoint a receiver to takepossession of and manage and control the premises.

15. Any forbearance by the Lender in exercising any right or remedy hereunder, or otherwiseprovided by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Allremedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this

Mortgage or afforded by law or equity, and may be exercised cumulatively, concurrently, independently orsuccessively.

16. Indemnification. Mortgagor shall protect, indemnify and save harmless Lender from and againstall liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses ( including, withoutlimitation, reasonable attorneys' fees and expenses except as may be limited by law or judicial order or decisionentered in any action brought to recover moneys under this Section) imposed upon, incurred by or assertedagainst Lender by reason of (a) ownership of any interest in the Property; (b) any accident or injury to or death ofpersons, or loss of or damage to property occurring on or about the Property or any part thereof or adjacent real

property, sidewalks, curbs, vaults and vault space, if any, streets or ways or with respect to the operation ofMortgagor' s business including but not limited to Mortgagor' s ownership of or interest in any of the Property orany part thereof; (c) any use, disuse, non -use or condition of the Property or any part thereof or adjacent realproperty sidewalks, curbs, vaults and vault space, if any, streets or ways; ( d) any failure on the part of Mortgagorto perform or comply with any of the terms hereof or of the Note or any other instrument or document executedin connection with the transactions contemplated herein and therein; ( e) any necessity to defend any right, titleor interest conveyed by this Mortgage or to defend any action arising from the creation or perfection of any suchright, title or interest; ( f) the performance of any labor or services or the furnishing of any materials or otherproperty in respect to the Property or any part thereof; (g) any loss of or damage to property, or injury to or deathof any person, that may be occasioned by any cause pertaining to the provision of any part of the Property; ( h) any breach or default arising from any act or failure to act by Mortgagor or any of its agents, lessees, contractors, servants, employees or licensees or arising from any accident, injury or damage caused to any person and

occurring with respect to the operation of Mortgagor' s business including Mortgagor' s ownership of or interest in

P37

any of the Property; or ( i) any such claim, action, or proceeding brought thereon. If any action or proceeding ismade or brought against the City in respect of which indemnity may be sought hereunder, Lender shall givenotice to Mortgagor of the action or proceeding and upon such notice, at the option of Lender, ( 1) Mortgagor shallassume the defense of the action or proceeding with legal counsel satisfactory to Lender, ( 2) Mortgagor shallassume the defense of the action or proceeding with the participation of Lender, at Mortgagor' s expense, or3) Lender shall assume the defense of the action or proceeding with legal counsel satisfactory to Lender, at

Mortgagor' s expense; provided that failure of Lender to give such notice shall not relieve Mortgagor from any ofMortgagor' s obligations under this Section unless the failure prejudices the defense by Mortgagor of the action or

proceeding. Any amounts payable to Lender under this Section shall be paid by Mortgagor on demand togetherwith interest thereon at the per annum rate equal to the Wall Street Journal' s prime rate of interest plus 5% fromthe date thereof in addition to all other payments to be made by the Mortgagor pursuant to the Note, and shall

be subject to and secured by this Mortgage as additional indebtedness under this Mortgage. The obligations ofMortgagor under this Section shall survive any defeasance of this Mortgage. The indemnification provided by thisSection to Lender includes officers, employees, agents and representatives of the Lender.

17. In case of any damage to or destruction of the Property or any part thereof, there shall be noabatement or reduction of any payment payable by the Mortgagor under the Note, and Mortgagor shall promptlygive written notice thereof to the City generally describing the nature and extent of such damage or destruction.

18. The covenants contained herein shall bind, and the benefits and advantages shall inure to, the

respective heirs, executors, successors, assigns and agents of the parties hereto. Whenever used, the singular

number shall include the plural, and the use of any gender shall include all genders.

19. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage, without charge to Mortgagor. Mortgagor shall pay all costs of recordation, if any.

IN WITNESS WHEREOF, MORTGAGOR has executed this Mortgage as of the date set forth hereinabove.

MORTGAGOR( S)

Sign

Print

Sign

Print

Qffl

EXHIBIT C

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

SECURED PROMISSORY NOTE

90, 000 Lakewood, Ohio

Date:

FOR VALUE RECEIVED, the undersigned, a Limited Liability Company, Western Reserve Distillers, LLC, Maker'), whose address is 14221 Madison Avenue, Lakewood, Ohio 44107 promises to pay to the order of the

City of Lakewood, Ohio (" Payee"), at its address of 12650 Detroit Avenue, Lakewood, Ohio 44107, the sum of

Ninety Thousand Dollars ($ 90,000) at an interest rate of zero percent (0 %) per annum. The principal sum shall

be payable on demand upon default. In accordance with the provisions of the attached EconomicDevelopment Fund Program Loan Agreement of even date, the City shall forgive thirty -three and one thirdpercent (33. 33 %) of the original principal sum of Ninety Thousand Dollars ($ 90,000) of the Secured PromissoryNote ( the " Loan ") each consecutive year commencing on << DATE>> and continuing until the first to occur of:

a) the balance of the Secured Promissory Note ( the " Economic Development Fund Loan ") is $ 0.00 or (b) theMaker fails to comply with its obligations under this Secured Promissory Note and the Economic DevelopmentFund Program Loan Agreement of even date.

If any installment of principal, or any part thereof, is not paid within thirty (30) days after its due date, the amount not paid shall bear interest from the date thereof at a rate of five percent ( 5 %) over the annual

rate of interest announced on that date by the Wall Street Journal ( including its successors in any merger, business reorganization or combination) as its " prime rate" for short term unsecured loans; provided, however, that if at any time the rate of interest provided for herein shall exceed the maximum permitted bylaw, the rate of interest shall be deemed to be the maximum permitted under applicable law.

Payment shall be made in immediately available funds of lawful money of the United States at theaddress of Payee set forth above or at such other place, either within or without the State of Ohio, as theholder of this Note may from time to time in writing designate. The principal sum of this Note may be repaidin whole or in part at any time from time to time without premium or penalty. All payments on this Note shallbe applied first to accrued and unpaid interest to the date of payment, if any, and then to the principal.

P39

Any notice hereunder shall be in writing and shall be deemed given when delivered by hand ordeposited in the U.S. Mail, postage pre -paid, and shall be addressed to the Maker or Payee at the addresses setforth above; provided, however, that if any party shall have designated a different address by notice to theother, then to the last address so designated.

This Note is secured by, among other things, a Security Agreement, dated as of even date herewith, executed by Maker and Payee for the benefit of Payee and covering the security described therein, as well asan Open -End Mortgage Deed dated as of even date herewith. The terms and conditions of said SecurityAgreements are, by this reference, incorporated herein.

This Note is given to evidence the obligations of Maker relating to Maker' s acquisition of real propertylocated at 14221 Madison Avenue, Lakewood, OH 44107. Payee provided proceeds to Maker through Payee' sentitlement allocation of federal Community Development Block Grant ( "CDBG ") dollars. All uses of suchCDBG proceeds are subject to federal rules and regulations set by the U. S. Department of Housing and UrbanDevelopment. Maker hereby acknowledges its obligations to adhere to and comply with any and all suchregulations.

Notwithstanding anything herein to the contrary, the entire unpaid principal balance hereof, shall bedue and payable at once upon ( i) Maker' s failure to comply with its obligations under this Note and theEconomic Development Fund Program Loan Agreement of even date, ( ii) any of the events occurring in ArticleVI — Events of Default — of the Economic Development Fund Program Loan Agreement of even date, or ( iii) upon any material breach or material default of the Maker to comply with any and all applicable rules andregulations set by the U. S. Department of Housing and Urban Development for the use and application of theproceeds evidenced by this Note that were funded through the federal Community Development Block GrantProgram.

Maker and all persons or corporations now or at any time liable for the payments of the indebtedness

hereby evidenced, for themselves, their heirs, legal representatives, successors and assigns, respectively, hereby expressly waive all applicable exemption rights, valuation, appraisement, presentment, notice ofdishonor, protest, notice of non - payment or protest, and demand, and expressly agree that the maturity ofthis Note may be extended from time to time without in any way affecting the liability of the Maker. If thisNote is not paid when due or is collected or attempted to be collected by the initiation or prosecution of anysuit or action or through any probate or bankruptcy court, or any other judicial proceeding, or is placed in thehands of any attorney for collection, then Maker shall, if permitted by law, pay reasonable attorneys' fees inaddition to any other amounts owing hereunder.

No delay on the part of any holder hereof in exercising any rights hereunder and no waiver of anypayment shall operate as a waiver of any power or right on the non - performance or default or non - paymentof any of the obligations above mentioned.

P40

This Note may be assigned at any time by Payee, without the consent of Maker.

This Note has been executed and delivered in the State of Ohio, and shall in all respects be interpreted, construed and governed by and in accordance with the internal substantive laws of the State of Ohio. Anyactions or proceedings arising directly, indirectly or otherwise in connection with, out of, related to or fromthis Note may be litigated in courts having situs within Cuyahoga County, Ohio and Maker hereby irrevocablyconsents and submits to the non - exclusive jurisdiction of any local, state or federal court located in suchcounty and irrevocably waives any objection which Maker may now or hereinafter has to the laying of venueor to the jurisdiction of any such court in any such action or proceeding.


Rv:

Kevin Thomas, Owner

Ann Thomas, Owner

P41

EXHIBIT D

City of Lakewood Economic Development Loan Program

Baseline Employment Summary Form

Borrower:

JJ Job Title FTE

SCp

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HUD Job Classifications

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1

2

3

4

5

6

7

8

9

10

11

12

13

14

20

Total Baseline FTE Positions 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00

Certification

I certify the information provided is complete and accurate to the best of my knowledge.

Signature Title Date

P42

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EXHIBIT F

Income Self- Certification & Data Form

The business to which you are applying has received assistance though the City of Lakewood' s Economic Development Fund andmust report certain data regarding persons interviewed and hired for positions related to this assistance. This information will be

used to assist the City in satisfying U. S. Department of Housing & Urban Development compliance requirements and has absolutelyno bearing on the hiring processes. Your participation is greatly appreciated.

Name (please print)

Position Applied For:

Date:

HOUSEHOLD INCOME LEVEL

1. Find and CIRCLE your Household Size in the first column of the tale below. Household is defined as all persons living in yourresidence, including you, who are related by blood, marriage, oradoption;

2. Scan across the table to the right from the household size you' ve circled, find your household' s corresponding income rangePRIOR TO BEING HIRED, and circle It;

3. Scan up from circled household income range to the top of the column to identify your income category then circle it.

RACE / ETHNICITY: Please indicate your race% thnicity category belowWhite

2016 US Department of Housing & Urban Development (HUD) Income Guidelines

Family Size Category 1 ( 80 %+) Category 2 (< 80 %) Category 3 (< 50 %) Category 4 ( < 30 %) 1 person 37,351 & above 23, 351- 37, 350 14,001- $ 23, 350 0-$ 14, 000

2 persons 42, 651 & above 26, 651- 42, 650 16,021- 26, 650 0-$ 16, 020

3 persons 48,001 & above 30, 001 - 48, 000 20, 161- 30,000 0-$ 20, 160

4 persons 53,301 & above 33, 301- $ 53, 300 24,301- 33, 300 0-$ 24, 300

S persons 57,601 & above 36,001- 57, 600 28,441- 36,000 0-$ 28, 440

6 persons 61,851 & above 38, 651- 61, 850 32, 581 38, 650 0-$ 32, 580

7 persons 66, 101 & above 41, 301- 66, 100 36, 731- 41, 300 0-$ 36, 730

8 persons 70,401 & above 44,001- 70,400 40, 891- 44,000 0-$ 40, 890

RACE / ETHNICITY: Please indicate your race% thnicity category belowWhite American Indian /Alaskan Native & White

Black /African American Asian & White

Asian Black /African American & White

American Indian /Alaskan Native American Indian /Alaskan Native & Black /African American

Native Hawaiian /Other Pacific Islander Other Multi - Racial

Do you consider yourself as being of Hispanic ethnicity? Yes No

ADDITIONAL INFORMATION

Re - hire Yes No

Gender Male Female Currently Unemployed Yes No

Female Head of Household Yes No Disability or Handicap Yes No

Currently Have Health Care Benefits Yes No

1 certify the information provided is true and accurate to the best of my knowledge.

Signature: Date:

1

For Administrative Use OnlyWas position applied for created in association with EDF- funded project? - Yes No

Wasthe applicant interviewed ?. Yes NoWas the applicant hired? Yes No

If yes: - Hire Date: FTE::'

Job Title: Initial Hire Yes No

HUD Job Category: - Re - hire Yes No

1

51i. 93w

City of Lakewood Economic Development Loan ProgramSemi - Annual Job Creation & Hiring Report

Certification: I certify the information provided on this form is complete and acurate to the hest of my knowledge.


P45

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Certification: I certify the information provided on this form is complete and acurate to the hest of my knowledge.


P45

READ & REFERRED TO FINANCE COMMITTEE

5/ 1/ 17. SECOND READING 5/ 15/ 17.

ORDINANCE NO. 23- 17 BY:

AN ORDINANCE 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 earliestperiod allowed by law, authorizing the Director of Finance to enter into Equipment Leases informs approved by the Director of Law on behalf of the City of Lakewood (" City ").

WHEREAS, the City is an Ohio political subdivision and is organized and existing underthe Constitution and laws of Ohio and its Charter; and

WHEREAS, in accordance with applicable law, including without limitation its homerule authority under Ohio Constitution Article XVIII, the City has the power to acquire personalproperty, including without limitation, acquisition by lease - purchase agreement; and

WHEREAS, the City has requested proposals for the lease - purchase acquisition of certainproperty, and the authorized representatives of the City have determined that the proposal of

its affiliates, successors, or assigns is the most responsive andresponsible proposal;

WHEREAS, this Council by a vote of at least five of its members determines that thisordinance is an emergency measure, and that this ordinance shall take effect at the earliest datepossible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the Cityof Lakewood, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments in thatthese equipment leases are necessary for the operation of various departments and divisions; now, therefore,

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO:

Section 1. This Council makes the following findings and determinations:

a) It is appropriate and necessary to the functions and operations of the City, to enter intoone or more lease - purchase agreements ( the " Equipment Leases ") in the principal amount notexceeding $ 1, 700, 000, for the purpose of acquiring the vehicles, equipment, and other personalproperty generally described in Exhibit A to this ordinance ( the " Leased Property ") and to bedescribed more specifically in the Equipment Leases.

b)

proposal.

is the lessor under the Equipment Leases in accordance with its

c) The City is entering into the Equipment Leases in accordance with its power andauthority under the Ohio Revised Code, the Ohio Constitution, and its Charter, to acquire theLeased Property and the Equipment Leases constitute " public obligations" as defined in Chapter133. 01( GG), Ohio Revised Code.

Section 2. The Director of Finance acting on behalf of the City is hereby authorized tonegotiate, enter into, execute, and deliver one or more Equipment Leases in the form approvedby the Director of Law. The Director of Finance is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Equipment Leases ( including, but notlimited to, escrow agreements) as the Director of Finance deems necessary and appropriate. Allother related contracts and agreements necessary and incidental to the Equipment Leases arehereby authorized. By a written instrument signed by the Director of Finance, the Director ofFinance may designate specifically identified officers or employees of the City to execute anddeliver agreements and documents relating to the Equipment Leases on behalf of the City.

Section 3. The aggregate original principal amount of the Equipment Leases shall notexceed $ 1, 700,000. The payments under the Equipment Leases shall include interest at the ratesdetermined in accordance with s proposal, but in no event to exceed an

annual rate of 5 %. The Equipment Leases shall be for the term or terms selected by the Directorof Finance, in accordance with ' s proposal, but in no event to exceed 20

years. The Equipment Leases shall contain such options to purchase by the City as set forth ins proposal and the Equipment Leases, and approved by the Director of

Finance.

Section 4. The Clerk of Council is hereby directed to send certified copy of thisOrdinance to

Section 5. All formal actions of this Council relating to the enactment of thisOrdinance were taken in an open meeting of this Council, and the deliberations of this Counciland any of its committees that resulted in those formal actions, were meetings open to the public, in compliance with all legal requirements, including Section 121. 22 of the Ohio Revised Code.

Section 6. This Ordinance is hereby declared to be an emergency measure necessaryfor the immediate preservation of the public peace, property, health, safety and welfare in theCity and for the usual daily operation of the City for the reasons set forth and defined in thepreamble to this Ordinance, and provided it receives the affirmative vote of at least five membersof Council, this Ordinance shall take effect and be in force immediately upon its adoption by theCouncil and approval by the Mayor, or otherwise it shall take effect and be in force after theearliest period allowed by law.

Adopted:

Approved:

P47

President of Council

Clerk of Council

Mayor

Schedule A

2017 Projects to be rmanceu uauly . u ra. v--

EstimatedW260,OOOTot;=—$

Fire - Medical Squad300, 000 10

Automated sideloader refuse & recycling packer truck200,000 10

Streets Vehicle 2.5- Ton Stainless Steel Dump w/ Plow 5Police Vehicles 4 -5 cars each ear

300,000

Upgrade of Public Safety SunGard Computer Aided Dispatch andData Records System

640,000 15

ww

FIRST READING, REFERRED TO THE FINANCECOMMITTEE 5/ 15/ 17.

ORDINANCE NO. 25 - 17 BY:

AN ORDINANCE 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 earliestperiod allowed by law, law authorizing the transfer and advance of certain funds.

WHEREAS, this Council by a vote of at least five of its members determines that thisordinance is an emergency measure, and that this ordinance shall take effect at the earliest datepossible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of 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,


Section 1. That the Director of Finance be and is hereby authorized to make the

following transfers and advances:

r•

2017

2nd Quarter

Fund Transfers Out Transfers In

101 General Fund 240, 068

Special Revenue Funds

250 Office on Aging IIIB172, 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

260 Lakewood Hosptl ( HB 300 Lease) 300

501 Water (HB 300 Lease) 3, 813

510 WWC (HB 300 Lease) 800

511 WWTP ( HB 300 Lease) 18, 750

520 Parking ( HB 300 Lease) 1, 125

530

301

Winterhurst ( HB 300 Lease) Debt Service Fund

20, 000106, 038

512

301

WWTP Improvements

Debt Service Fund

450, 000

450,000

225 Federal Forfeiture Fund 25, 347

222 Law Enforcement Trust Fund25,347

r•

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 members of Council, this ordinanceshall take effect and be in force immediately upon its adoption by the Council and approval bythe Mayor, or otherwise it shall take effect and be in force after the earliest period allowed bylaw.

Adopted: President of Council

Approved:

Clerk of Council

Mayor

READ & REFERRED TO RULES & ORDINANCES

COMMITTEE 5/ 1/ 17. SECOND READING

5/ 15/ 17.

ORDINANCE NO. 24 - 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 various section of Chapter 505, Animals and Fowl, of theCodified Ordinances of the City of Lakewood to update and provide penalties for violations of those provisions.

WHEREAS, currently Chapter 505 requires property maintenance of animal yardstructures and for owners of cats and dogs to have those animals vaccinated with a rabiesvaccine, but the code does not provide penalty provisions for those sections; and

WHEREAS, the chapter stands to be updated to eliminate mention of codifiedregulations not found anywhere in the code; 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 penalties should be provided for these sections immediately to allow their immediate enforcement if necessary; now, therefore


Section 1. Section 505. 10, Proper Maintenance of Animal Yard Structures andPens Required, of the Codified Ordinances, currently reading as follows:

505. 10 PROPER MAINTENANCE OF ANIMAL YARD STRUC- TURES AND PENS REQUIRED.

a) No person shall keep or maintain any animal or fowl in anyyard, structure or area that is not clean, dry and sanitary; free fiom de- bris and offensive odors that annoy any neighbor; and devoid of rodentsand vermin.

b) All animal pens and yards shall be so located that adequatedrainage is obtained, normal drying occurs, and standing water is notpresent.

c) All premises other than private residences on which animals arekept shall be subject to inspection by the Health Officer and/ or the An- imal Control Officer. If the Health Officer or the Animal Control Of- ficer determines from such inspection that the premises are not be-

P51

ing maintained in a clean and sanitary manner, he shall notify the owner of the animal in writing to correct the sanitation deficiencies withintwenty-four hours after notice is served. Any animal kept under anycondition which could endanger the public or animal health or create ahealth nuisance may be impounded. Animals shall be released after feesare paid and cause for impoundment has been corrected.

shall be and hereby is repealed, and new Section 505. 10, Proper Maintenance of AnimalYard Structures and Pens Required, of the Codified Ordinances is hereby enacted to readas follows:

505.10 PROPER MAINTENANCE OF ANIMAL YARD STRUC- TURES AND PENS REQUIRED.

a) No person shall keep or maintain any animal or fowl in anyyard, structure or area that is not clean, dry and sanitary; free from de- bris and offensive odors that annoy any neighbor; and devoid of rodentsand vermin.

b) All animal pens and yards shall be so located that adequatedrainage is obtained, normal drying occurs, and standing water is notpresent.

c) All premises other than private residences on which animals arekept shall be subject to inspection by the Health Officer and /or the An- imal Control Officer. If the Health Officer or the Animal Control Of- ficer determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he shall notify the owner of the animal in writing to correct the sanitation deficiencies withintwenty-four hours after notice is served. Any animal kept under anycondition which could endanger the public or animal health or create ahealth nuisance may be impounded. Animals shall be released after feesare paid and cause for impoundment has been corrected.

d) Whoever violates this section is guilty of a minor misdemeanor.

Section 2. Section 505. 19, Rabies Vaccination of Dogs and Cats Required, of theLakewood Codified Ordinances, currently reading as follows:

505. 19 RABIES VACCINATION OF DOGS AND CATS RE- QUIRED.

Any person owning any dog or cat over 120 days of age shall be required to have such animal currently immunized against rabies. For thepurpose of this chapter " currently immunized" or vaccinated against rabies shall mean that such dog or cat has been inoculated against rabiesby a licensed veterinarian within the past thirty-six months. However, dogs and cats receiving the first rabies inoculation must receive a second rabies inoculation within twelve months. This provision shall not

apply to any catterie breeder duly licensed under the provisions of thischapter.

is hereby repealed, and new Section 505. 19, Rabies Vaccination of Dogs and Cats Re- quired, of the Codified Ordinances is hereby enacted to read as follows.

P52

505. 19 RABIES VACCINATION OF DOGS AND CATS RE- QUIRED.

Any person owning any dog or cat over 120 days of age shall berequired to have such animal currently immunized against rabies. Forthe purpose of this chapter " currently immunized" or vaccinated againstrabies shall tnean that such dog or cat has been inoculated against rabies by a licensed veterinarian within the past thirty -six months. How- ever, dogs and cats receiving the first rabies inoculation must receive asecond rabies inoculation within twelve months. Th ° ^ hall

riot apply to a" cat4ca a l . ao.. w ..

b) Whoever violates this section is guilty of a minor misdemeanor.

Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting 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 4. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth 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 shall take effect and be in force after the earliest period allowed by law.

Adopted:

Approved:

P53

PRESIDENT

CLERK

I-MOVA O y

Council at Large

RYAN P. NOWLIN

THOMAS R. BULLOCK IIICINDY MARX

June 5, 2017

Lakewood City CouncilLakewood, Ohio 44107

Dear Colleagues,

12650 DETROIT AVENUE 99107 2161529 -6055 FAX 216/ 226 -3650www.onelakewood. com

Lakewood City CouncilSAMUEL T. OTEARY, PRESIDENT

DAVID ANDERSON, VICE PRESIDENT

Ward Council

DAVID W. ANDERSON, WARD 1SAM O' LEARY, WARD 2JOHN LITTEN, WARD 3DANIEL O' MALLEY, WARD 4

Re: Amending Sections of the Code pertaining to LCRAC

The Lakewood Community Relations Advisory Commission was established in 2005 for thepurpose of advancing the values of diversity, equity and bonds ofmutuality among Lakewood residents. In 2013 the Code was changed to require LCRAC to limit its pursuits to those that are explicitly referredto it by Council or the Mayor. The attached legislation proposes to restore the original process by whichLCRAC carries out its work, allowing a more flexible back and forth working relationship betweenCouncil, the administration, and this board of dedicated volunteers.

As you know, LCRAC is a board of thirteen Lakewood residents appointed by Council and theMayor. Each year they work hard to plan events that will advance their mission of strengthening ourcommunity. The Community Diversity Potluck, the Welcome to Lakewood event and the communityconversations they host have become important events which the community expects and looks forwardto. I believe that it is in the City' s best interest to empower LCRAC to pursue initiatives that it deemsinstrumental to fulfilling its mission of creating a more inclusive City. As with all the City' s Boards andCommissions, LCRAC maintains transparency by recording meeting minutes. The Board has nobudgetary authority and always has been and will remain advisory in nature under this proposal.

Last month, this Council passed an ordinance to grant greater flexibility to the Animal Safety andWelfare Board. This ordinance proposes a comparable change that I hope you will also support. Irespectfully request a referral of the attached legislation to a committee of Council' s choosing. Thankyou in advance for your thoughtful consideration of this legislation.

Respectfully Submitted,

A ? Sam O' LearyPresident of Council -Ward 2 p 5 4Committee of the Whole, Chair

ORDINANCE NO. BY:

AN ORDINANCE amending Section 142. 05, Advisory, and Section 142. 09, PublicRecords; Reporting Duties, of the Codified Ordinances of the City of Lakewood to restore therole and duties of the Community Relations Advisory Commission to those set forth in theoriginal founding ordinance and to make an administrative change.

WHEREAS, the Community Relations Advisory Commission was established in 2005for the purpose of advancing the values of diversity, equity, and bonds of mutuality amongLakewood residents; and

WHEREAS, in 2013, Council amended Section 142. 05 to require that the Commissiononly take up matters specifically referred to it by Council or the Administration; and

WHEREAS, this Council believes that it is in the best interest of continuing theCommission' s excellent work to restore the language in 142. 05 to its original form; 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 withintheir limits such as local police, sanitary and other regulations as are not in conflict with generallaws; now, therefore,


Section 1. Section 142.05, Advisory, of the Codified Ordinances of the City ofLakewood, currently reading as follows:

142. 05 ADVISORY.

The Lakewood Community Relations Advisory Commission is to be advisory toand shall advise and assist Council, the Mayor, and the Mayor' s administrationon issues formally referred to the Board by Council.

shall be and is hereby amended to read as follows:

142. 05 ADVISORY.

The Lakewood Community Relations Advisory Commission is to be advisory toand shall advise and

on issues forurnfly a to the Board b r_ URGi coordinate its activitieswith the Mayor Lakewood City Council Planning Commission and any othersuch boards commissions agencies or departments of the City of LakewoodOhio The Lakewood Community Relations Advisory Commission is alsoauthorized to undertake community relations tasks as requested by the Mayorand City Council.

P55

Section 2. Section 142.09, Public Records; Reporting Duties, of the Codified Ordinances

of the City of Lakewood, currently reading as follows:

142.09 PUBLIC RECORDS; REPORTING DUTIES.

The Lakewood Community Relations Advisory Commission shall keep recordsof its meetings and activities and shall submit an annual report to Council withina manner to be decided upon by the Commission. Minutes of each meeting shallalso be forwarded to the Mayor and City Council.

shall be and is hereby amended to read as follows:

142.09 PUBLIC RECORDS; REPORTING DUTIES.

The Lakewood Community Relations Advisory Commission shall keep recordsof its meetings and activities and shall submit an annual report to Council withina manner to be decided upon by the Commission. Minutes Af each meetiRg shallalse be, forwarded to the Mayor and-CiP,- Gotmeil-

Section 3. It is found and determined that all formal actions of this Council concerningand relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberation of the 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.

Adopted: President

Approved:

P56

Clerk

Mayor

11l

Council at Large

RYAN P. NOWLIN

THOMAS R. BULLOCK IIICINDY MARX

Colleagues:

12650 DETROIT AVENUE 44107 2161529 -6055 FAX 2161226- 3650oodakewood com

Lakewood City CouncilSAMUEL T. O' LEARY, PRESIDENT


June 5, 2017

Ward Council

DAVID W. ANDERSON, WARD 1SAM O' LEARY, WARD 2JOHN LITTEN, WARD 3DANIEL J. O'MALLEY, WARD 4

Although early we are in the early forays into the season of Summer, before we know it thedog days will be upon us, bringing with them the gently wafting smells of backyard barbeques, theexuberant shouts of neighborhood kickball and street games, creaking front porch swings andindolent breezes that barely tickle.

The purpose of this communication is to serve as notice of my intention that Council recessduring the month of August, as has been this body' s practice in many years past. As such, I do notintend to call Council or Committee of the Whole meetings that month absent exigent circumstances

legally requiring otherwise, and welcome colleagues and citizens alike to plan accordingly in thisregard. I know also that many Council members look forward to August as one of the most vibrantmonths for Lakewood neighborhoods, with many block club parties, community events, and otheropportunities to hear directly from their constituents.

I wish all of you a relaxing and reinvigorating August, and look forward to continuing thisbody' s important work in September with renewed purpose and enthusiasm.

Yours In Service,

6WO— President of Council

Committee of the Whole, Chair

P57

OI NOµ•/

Council at Large

RYAN P. NOWLIN

THOMAS R. BULLOCK III

CINDY MARX

June 5, 2017

Lakewood City CouncilLakewood, OH 44107

Dear Colleagues:

12650 DETROIT AVENUE 99107 2161529 -6055 FAX 2161226 -3650www.00elakewood. com

Lakewood City CouncilSAM BLEARY, PRESIDENT

DAVID W. ANDERSON, VICE PRESIDENT

Ward Council

DAVID W. ANDERSON, WARD 1SAM O' LEARY, WARD 2JOHN LITTEN, WARD 3DANIEL O' MALLEY, WARD 4

Re: Lakewood Catholic Academy Green Ribbon Recognition

The U.S. Department of Education announced that Lakewood Catholic Academy is among the 2017 U. S. Department of Education Green Ribbon Schools award honorees. LCA was nominated by the Ohio Departmentof Education and was the only school in the state recognized this year.

The aim of U.S. Department of Education Green Ribbon Schools is to inspire schools to strive for 21st centuryexcellence, by highlighting promising practices and resources that all can employ. Across the country, 45 schools, nine districts, and nine postsecondary institutions are being honored for their innovative efforts to reduceenvironmental impact and utility costs, improve health and wellness, and ensure effective sustainability education.

We join with President Brian Sinchak in stating that while proud of any national recognition, we are most proudof the students and educators who are passionate about caring for our environment in thoughtful and innovativeways. This award represents many years of hard work and dedication on the part of the faculty, students, and theentire community.

Congratulations to the entire LCA community on being recognized as a national thought leader on how schoolsought to care for our environment in every way from the paper they use ( and the lack of it) to the healthy foodthey eat.

Please join me in recognizing this significant achievement.

Yours in service,

Sam O' LearyPresident of Council -Ward 2Committee of the Whole, Chair

FM

John Litten

Member of Council, Ward 3

RESOLUTION BY:

A RESOLUTION to recognize the students, teachers, and administrators of Lakewood CatholicAcademy for their environmental stewardship and to congratulate them upon being selected as a2017 U.S. Department of Education Green Ribbon School.

WHEREAS, Lakewood Catholic Academy (LCA) has reduced its environmental impactby updating its facilities and improving its environmental practices in a number of waysincluding reducing waste by 20 %, and;

WHEREAS, LCA has prioritized the health and wellness of its students and staff bymaking healthy lunch choices available daily and ensuring that students receive age- appropriatephysical education and outdoor time for free play, and;

WHEREAS, LCA offers an enriching curriculum of environmental and sustainabilityeducation for students at every level, from learning to appreciate the outdoors as a preschooler, to engaging in environmental research, activism and fundraising in the middle school years, and;

WHEREAS, as a result of these significant initiatives, LCA was selected amongnominees in 29 states as a 2017 U.S. Department of Education Green Ribbon School awardee. Now, therefore,

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

Section 1. That this Council and Mayor hereby congratulate Lakewood Catholic Academyon receiving the 2017 U.S. Department of Education Green Ribbon School award and for beingthe only such honoree from the State of Ohio.

Section 2. That this Council and Mayor express appreciation to LCA for sharing theprestige of this award with the City of Lakewood.

Section 3. It is found and determined that all formal actions of this Council concerningand relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and any of its committees that resulted in suchformal action, were in meetings open to the public, in compliance with all legal requirements.

Adopted:

Approved:

P59

PRESIDENT

CLERK

MAYOR

Council at Large

RYAN P. NOWLIN

THOMAS R. BULLOCK III

CINDY MARX

June 5, 2017

Lakewood City CouncilLakewood Ohio

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

Lakewood City CouncilSAMUEL T. OTEARY, PRESIDENT


Ward Council

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

JOHN LITTEN, WARD 3

DANIEL O' MALLEY, WARD 4

Re: Welcome The Centers for Families & Children' s new Early Learning Center

Dear Colleagues,

Please join with me in welcoming The Centers for Families & Children' s new Early Learning Center to13889 Clifton Blvd.in Lakewood. I am so pleased that the Early Learning Center will be joining ourCity' s roster of early education providers in offering high quality child care and preschool to our City' syoung families.

The Centers for Families & Children is one of the oldest and largest nonprofit organizations in NortheastOhio focused on integrated behavioral health, primary care, early learning, and workforce services. Eachof The Centers' seven Early Learning Centers has received the prestigious five -star quality rating by theState of Ohio' s Step Up to Quality rating system.

Research has demonstrated that children enrolled in quality preschool receive lifelong social andeconomic advantages such as being more likely to graduate high school, earn more as adults, and be lesslikely to be in trouble with the law, among many other documented benefits.

On Wednesday June 141h at 6: 00 p.m. the Early Learning Center will officially open with a ribboncutting ceremony and celebration of this new investment in Lakewood. You are all invited to attend tolearn more about The Centers and their important work.

Councilmember At -Large

E

May 31, 2017

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

MICHAEL SUMMERS

MAYOR

Dear Members of City Council,

Exciting new urban strategies and plans are emerging across the nation. These new strategies are emphasizingdesigns, redesigns, and policies that emphasize a focus on achieving improved behavior of sustainability andresilience. Lakewood should interpret these broad terms in the following way:

Livability

Prosperity

Health and well being

Connectivity, mobility

Ecosystem stewardship

Resource regeneration

Our community has spent considerable time and resources addressing many of these topics. We have engaged ourcitizens through several significant initiatives:

Community vision - 6 Focus Areas- Objectives(2017) Parks Plan - Goals - Recommendations ( 2016)

Bike Plan - Goals - Recommendations ( 2012)

Tree Task Force 2014

Active Living Plan- Recommendations ( 2016) IWIPP

Foundation Planning Task Force ( 2017 -2018)

Grow Lakewood ( 2005 and 2007)

In the past few years, several templates have emerged from the work of other cities. These templates provide avery effective checklist for our city. Our Planning staff is currently performing a " gap analysis' between our effortsthus far versus a more comprehensive set of objectives.

I ask that this letter serve as an invitation to City Council to jointly engage in identifying significant steps to advancethe sustainability and resilience of our city. These steps should include how to invite our engaged citizenry into thisconversation, thinking, and ultimate progress.

I ask that you refer this letter to the Committee of the Whole to begin the creation of a strategic umbrella that willserve these city decades to come.

Respectfully,

Michael P. Summers

Ps 'a

I e+

Y OF MO

June 5, 2017


DEPARTMENT OF PUBLIC WORKSDIVISION OF ENGINEERING AND CONSTRUCTION

12650 DETROIT AVENUE X 44107 X (216) 521 -6692

RE: Design -Build contract approval for Kokosing Industrial.

Dear Members of Council:

JOSEPH J. RENO, PEDIRECTOR OF PUBLIC WORKS

I am asking City Council to approve a design -build contract with Kokosing Industrial that isrelated to previously approved resolutions. This current contract is in the amount of $1. 3million. City Engineer Mark Papke and other members of the Department of Public Works, along with assistance from CT Consultants, have reviewed the submitted qualifications andranked them appropriately with Kokosing Industrial having the most qualified and completeproposal. Kokosing is partnered with AECOM to perform the design portion of this work.

The current contract is for providing the basis of design work and cleaning and structuralanalysis of the existing digesters at the Wastewater Treatment Plant (WWTP). This work willproduce 60% design documents and a Guaranteed Maximum Price ( GMP) for the balance of theproject. At this point, the city will determine to move forward with the project, which wouldrequire a contract amendment approved by Council, or to table the project for a later time.

The overall outcome of this entire project will be rehabilitating the plant digesters, making anumber of safety improvements to the methane gas collection and processing system, and addingelectricity generating capabilities to the facility by burning the methane gas produced there. Thecurrent anticipated cost of the complete project is estimated at approximately $7.5 million.

Please refer this to the Public Works Committee for further detailed discussions on the contractand project.

Sincerely,

Joseph J. Beno, PE

Director of Public Works

www.onelakewood. com

P62

RESOLUTION NO. BY:

A RESOLUTION to take effect immediately provided it receives the vote of at least fivemembers of Council, or otherwise to take effect at the earliest period allowed by law, authorizingthe Director of Public Works to enter into a design -build form of agreement for the design andconstruction of upgrades to the wastewater treatment plant with Kokosing Industrial in anamount not to exceed $ 1, 300, 000.

WHEREAS, Lakewood identified Kokosing Industrial through a request for qualificationprocess as the most qualified of the two qualifications received; and

WHEREAS, this Council by a vote of at least five of its members determines that thisresolution is an emergency measure and that it shall take effect at the earliest date possible as setforth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewoodand that it is necessary for the immediate preservation of the public property, health, and safetyand to provide for the usual daily operation of municipal departments in that the City wishes tocreate the design -build delivery model for this project so it may occur in 2015; now, therefore,


Section 1. The Director of Public Works to enter into a design -build form of agreementfor the design and construction of upgrades to the wastewater treatment plant with Kokosing In- dustrial in an amount not to exceed $ 1, 300,000.

Section 2. Council hereby specifically approves the contract between the city of Lake- wood and Kokosing Industrial in substantially the same form as is attached as Exhibit A.

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 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, properly, 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 Counciland approval by the Mayor, or otherwise it shall take effect and be in force after the earliest period allowed by law.

Adopted:

Approved:

P64

President

Clerk

Mayor

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Jennifer R. PaeDirector of Finance

June 5, 2017


12650 DETROIT AVENUE . 44107. 216/ 529 -6092. FAX 2161529 -6806

Re: 2018 Tax Budget, 2018 Tax Advance Resolution and 2018 Tax Rate Resolution

Dear Members of Council

Attached is a Resolution to allow the City of Lakewood Finance Department to submit the 2018 TaxBudget to the Cuyahoga County Fiscal Officer for review and approval to maintain the City' s existingproperty tax rate of 17. 4 mills.

The Tax Budget Ordinance must be adopted by City Council in order to be submitted to the County FiscalOfficer on or before Judy 20, 2017 in accordance with the provisions of Sections 5705. 28 and 5705. 30 ofthe Ohio Revised Code.

The Tax Budget is a projection of revenues and expenditu res completed primarily to establish the City' sexisting property tax rate for the 2017 tax year / 2018 collection year, and will be presented in committeefor discussion.

Also attached is a resolution authorizing the Director of Finance to request from the Cuyahoga CountyTreasurer real and personal property tax, estate tax and special assessment advances when collected andavailable to the City in 2018. Participation in the tax advance program enhances the City' s cash flowmanagement and " funds invested" amount.

The County Fiscal Officer requires the City to file this resolution stating the City' s intent to receiveadvances in 2018 prior to October 1, 2017.

Finally, attached is the tax rate resolution maintaining the City of Lakewood' s property tax rate of 17.40mills for the tax year 2018.

Respectfully,

Jennifer R. Pae

Director of Finance

P gt9a

RESOLUTION NO. BY:

A RESOLUTION to take effect immediately provided it received the affirmative vote of at leastfive members of Council, or otherwise to take effect and be in force after the earliest period allowed bylaw, approving the Tax Budget of the City of Lakewood, State of Ohio for the year 2018, and authorizingthe filing of same with the Cuyahoga County Fiscal Officer.

WHEREAS, this Council by a vote of at least five of its members determines that this resolutionis an emergency measure, and that this resolution shall take effect at the earliest date possible as set forthin Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, and that it isnecessary to provide for the usual daily operation of the City in that the Tax Budget must be submitted tothe County Fiscal Office on or before July 20, 2017; now, therefore,

BE IT RESOLVED BY TFIE CITY OF LAKEWOOD, OHIO:

Section 1. The annual Tax Budget submitted by the Director of Finance of the City of Lakewood, showing the amount of money needed and the necessary expenditures in the various departments of themunicipality for the year 2018, is hereby approved and the Clerk of Council is hereby ordered anddirected to file the same with the Fiscal Officer of Cuyahoga County pursuant to the statutes of the Stateof Ohio.

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

relating to the passage of this resolution were adopted in an open meeting of this Council, and that allsuch deliberations of this Council and any of its committees that resulted in such formal action, were inmeetings open to the public, in compliance with all legal requirements.

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

take effect and be in force immediately upon its adoption by the Council and approval by the Mayor , orotherwise it shall take effect and be in force after the earliest period allowed by law.

Adopted:

Approved:


Clerk of Council

Mayor

RESOLUTION NO. BY:

A RESOLUTION to take effect immediately provided it receives the affirmative vote of at leastfive members of Council, or otherwise to take effect and be in force after the earliest period allowed by

law, requesting the Cuyahoga County Fiscal Officer to draw and the Cuyahoga County Treasurer to pay tothe City of Lakewood Director of Finance an advance of all real, personal property and estate taxes andspecial assessments collected in the year 2018 in such amounts as may be requested and available.

WHEREAS, Ohio Revised Code Section 321. 34 ( A)( 1) provides that "[ W] hen the local

authorities by resolution so request, the county auditor shall pay township clerks, treasurers of municipalcorporations, the treasurer of any board of education, and the treasurer of any other political subdivision ortaxing district whose funds derived from taxes or other sources are payable by law to the county treasurer, any money that may be in the county treasury to the accounts of such local authorities, respectively, andlawfully applicable to the purpose of the current fiscal year in which such request is made. The auditor andcounty treasurer shall retain any amounts needed to make such payments of obligations of local politicalsubdivisions or taxing districts as are required by law to be paid directly by the county authorities;" and

WHEREAS, Ohio Revised Code Section 321. 341 provides that "... [ A] t any time prior to asettlement under section 5731. 46 of the Revised Code, the fiscal officer of a municipal corporation or a

township may request the county auditor to make payment to such subdivision from the fund of an amountnot to exceed seventy -five per cent of taxes paid into such fiord and standing to the credit of thesubdivision, including both taxes with respect to which a final determination has been made under section5731. 27 of the Revised Code and taxes subject to review and final determination under section 5731. 26 ofthe Revised Code. Within five days of the receipt of such request the auditor shall draw a warrant in suchamount upon such fund, payable to the subdivision;" and

WHEREAS, this Council by a vote of at least five of its members determines that this resolution isan emergency measure, and that this resolution shall take effect at the earliest date possible as set forth inArticle III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, and that it isnecessary to provide for the usual daily operation of the City in that the Cuyahoga County Fiscal Officerrequires the City to file this resolution stating the City' s intent to receive advances in 2018 prior toOctober 1, 2017; now, therefore,


Section 1. The Cuyahoga County Fiscal Officer is requested to draw and the Cuyahoga CountyTreasurer is requested to pay to the City of Lakewood Director of Finance an advance of all real, personalproperty and estate taxes and special assessments collected in the year 2018 in such amounts as may berequested and available.

Section 2. The Director of Finance is hereby directed to forward a certified copy of this resolutionupon passage, to the Cuyahoga County Fiscal Officer.

Section 3. It is found and determined that all formal actions of this Council concerning and

relating to the passage of this resolution were adopted in an open meeting of this Council, and that all suchdeliberations of this Council and any of its committees that resulted in such formal action, were inmeetings open to the public, in compliance with all legal requirements.

Section 4. This resolution is hereby declared to be an emergency measure necessary for the usualdaily operation of City for the reasons set forth in the preamble to this resolution, and provided it receivesthe affirmative vote of at least five members Council, this resolution shall take effect and be in force

inunediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effectand be in force after the earliest period allowed by law.

Adopted:

Approved:


Clerk of Council

Mayor

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 earliestperiod allowed by law accepting the amounts and rates as determined by the Budget Commissionand authorizing the necessary tax levies and certifying them to the County Fiscal Officer.

WHEREAS, this Council in accordance with the provisions of law has previouslyadopted a Tax Budget for the next succeeding fiscal year conunencing January lst, 2018; and

WHEREAS, the Budget Commission of Cuyahoga County, Ohio, has certified its actionthereon to this Council together with an estimate by the County Fiscal Officer of the rate of eachtax necessary to be levied by this Council, and what part thereof is without, and what part iswithin the ten mill tax limitation; and

WHEREAS, this Council by a vote of at least five of its mernbers determines that thisresolution is an emergency measure, and that this ordinance shall take effect at the earliest datepossible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the Cityof Lakewood, and that it is necessary to provide for the usual daily operation of the City; nowtherefore,


Section 1. The amounts and rates as determined by the Budget Commission in itscertification be and the same are hereby accepted.

Section 2. There be and is hereby levied on the tax duplicate of said City, and rate of eachtax necessary to be levied within and without the ten mill limitation as follows:

General Fund

General Bond Retirement Fund

Police Pension Fund

Fireman Pension Fund

Sewage Disposal Fund

Fiscal Officer' s Estimate

of Tax Rate to be Levied

Inside Outside

10 Mill 10 Mill

Limitation Limitation

0- 8. 65

3. 47 0-

0- 1. 60

0- 1. 68

0- 2. 00

3. 47 13. 93

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 Counciland 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 usual daily operation of City for the reasons set forth in the preamble to this resolution, andprovided it receives the affirmative vote of at least five of members of Council, this resolution

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

Adopted:

Approved:

I


Clerk of Council

Mayor

June 5, 2017

Lakewood City Council12650 Detroit Avenue


KEVIN M. BUTLER

DIRECTOR OF LAW

PAMELA ROESSNER

CHIEF PROSECUTOR

JENNIFER L. SWALLOW

CHIEF ASSISTANT

LAW DIRECTOR

ANDREW N. FLECK

LAW DEPARTMENT ASSISTANT LAW DIRECTOR/

OFFICE OF PROSECUTION ASSISTANT PROSECUTOR

12650 Detroit Avenue I Lakewood, Ohio 44107216) 529 -6030 1 Fax ( 216) 228 -2514

www.onelakewood. com

law @lakewoodoh. net

Re: 2017 quarterly codification ordinance


Attached please find an ordinance authorizing the inclusion of those ordinances of ageneral and permanent nature adopted by Council on or before May 1, 2017 into theCodified Ordinances of the City of Lakewood.

The Walter H. Drane Company has completed the editing and printing of the 2017quarterly replacement pages for the Codified Ordinances.

This legislation is necessary to allow the completion of this project by authorizing theinclusion of those replacement pages into the Codified Ordinances and the distribution ofreplacement pages to Council and employees who maintain hardbound copies of theCodified Ordinances.

Please refer the ordinance to an appropriate committee for further discussion.

Very tiuly yours,

r' 111

Kevin M. Butler

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 and be in force at the earliest periodallowed by law, to approve the editing and inclusion of certain ordinances as parts of the variouscomponent codes of the Codified Ordinances and to provide for the publication of such newmatter.

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

WHEREAS, various ordinances and resolutions of a general and permanent nature thathave been passed by Council but not yet included in the Codified Ordinances of the City havenow been made a part thereof, and

WHEREAS, this Council by a vote of at least five of its members determines that thisordinance is an emergency measure, and that this ordinance shall take effect at the earliest datepossible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the Cityof Lakewood, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments in thatthe publication and distribution of the May 2016 Replacement Pages for the Codified Ordinancesof the City of Lakewood should be conducted at the earliest date possible; now therefore,

BE IT ORDAINED BY CITY OF LAKEWOOD, OHIO:

Section 1. That the editing, arrangement and numbering and renumbering of thefollowing ordinances and resolutions and parts of ordinances and resolutions are herebyapproved as parts of the various component codes of the Codified Ordinances ofthe City, so asto conform to the classification and numbering system of the Codified Ordinances:

Ord. No. Date C.O. Section

3- 16 11 -7 -16 1306.60

59 -16 4 -3 - 17 901. 22, 903. 09904. 01 to 904. 11, 904.99

13 - 17 3 -6 -17 109.04

17 -17 3 -20 -17 1156.01 to 1156. 06

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

Section 3. It is found and determined that all formal actions of this Council concerningand relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in suchformal action were in meetings open to the public in compliance with all legal requirements.

0

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

PRESIDENT

CLERK

MAYOR

June 5, 2017


12650 Detroit Avenue • 44107 a ( 216) 529 -6630

www.onelal<ewood. com

Re: 2017 Community Vision Update


DEPARTMENT OF PLANNING & DEVELOPMENT

BRYCE SYLVESTER, DIRECTOR

Every year the Department of Planning & Development aims to review and provide updates to the

Planning Commission about the city' s Community Vision. Typically, these updates have been anopportunity to highlight projects, and initiatives going on throughout the city that are supported by theVision. Since the Vision is at the 5 -year mark this year, the Department undertook a more thoroughprocess to review its contents and consider updates. The goals of the 2017 update were:

To review the goals and objectives for relevancy and support a " living document "; To update the Community Vision with current data and accomplishments; To better integrate and communicate the Vision' s impact on past and present project goals; and

To find ways to represent the Vision through mapping and icons.

Following a robust review and analysis by staff, it was concluded that the focus areas, goals andobjectives spelled out in the Vision remain relevant and current. Staff did take the opportunity to updatethe data and accomplishments in each focus area, as well as develop a strategy to more effectivelycommunicate the significance of the Vision through graphics.

The proposed updates were presented to and reviewed by the Planning Commission at its April 6, 2017meeting. Planning Commission unanimously approved the proposed updates, and recommended thatCouncil reviews and approves the 2017 Update of the Lakewood Community Vision.

I' d be happy to address questions about the updates at an upcoming committee meeting. Thank you foryour time and consideration.

Sincerely,

Director

Department of Planning and Development

P92

RESOLUTION NO. BY:

A RESOLUTION to take effect inmiediately provided it receives the affirmativevote of at least five members of Council, or otherwise to take effect and be in force at theearliest period allowed by law, concur with the Lakewood Planning Commission in theadoption of the updated Lakewood Community Vision.

WHEREAS, Article XII, Section 3, Powers and Duties of the Planning Commis- sion, of the Second Amended Charter of the City of Lakewood states that it shall be thefunction and duty of the Planning Commission to make and adopt a general plan for thedevelopment and improvement of the City; and

WHEREAS, in July 1993 the Lakewood Community Vision was accepted as theGeneral Plan for the City of Lakewood and subsequently updated in 2013; and

WHEREAS, the Lakewood Community Vision is an expression of where westand as a community and where we hope to be in the future; and

WHEREAS, as a result of an administrative review and public hearings before thePlanning Commission, it was determined that the focus areas, goals and objectives in theVision are still relevant and current, with the exception of a few objectives that had beenaccomplished; and

WHEREAS, the " Where are We Now" data was updated to reflect current statis-

tical data as well as making the online version of the Community Vision more visual andinformative by including links for recent projects; and

WHEREAS, on March 2, 2017, the Planning Commission reviewed and voted tosubmit with recommendation for adoption of a final draft of an updated Community Vi- sion a copy of which is on file in the Clerk of Council' s Office; and

WHEREAS, this Council by a vote of at least five members thereof determinesthat this resolution is an emergency measure, that this resolution shall take effect at theearliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amend- ed Charter of the City of Lakewood and that it is necessary for the immediate preservation of the public property health and safety and to provide for the usual daily operationof municipal departments in that the Community Vision should be updated immediatelyto reflect current data and the on -line version should be updated to include this additionalinformation; now, therefore,


FM

Section 1. Lakewood City Council concurs with Planning Commission in theadoption of the updated Community Vision.

Section 2. This resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth anddefined in the preamble to this resolution, and provided it receives the affirmative vote ofat least five members of Council this resolution shall take effect and be in force immedi-

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

Section 3. It is found and determined that all formal actions of this Council con-

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

Adopted:

Approved:

PRESIDENT

CLERK

MAYOR

Y

June 5, 2017

Lakewood City Council12650 Detroit Avenue


LAW DEPARTMENTOFFICE OF PROSECUTION

12650 Detroit Avenue, Lakewood, Ohio 44107216) 529 -6030 1 Fax ( 216) 228 -2514

www.onelakewood.com

law@lakewoodoh. net

Direct dial: ( 216) 529 -6034kevin. butler@lakewoodoh. net

KEVIN M. BUTLER

DIRECTOR OF LAW

PAMELA L. ROESSNER

CHIEF PROSECUTOR

JENNIFER L. SWALLOW

CHIEF ASSISTANTLAW DIRECTOR

ANDREW N. FLECK

ASSISTANT PROSECUTOR/

ASSISTANT LAW DIRECTOR

Re: Second extension of moratorium on cultivation, processing, or

retail sale of medical marijuana


The resolution that follows extends the 90 -day moratorium you imposed in March 2017 on theopening or expansion of businesses engaging in the cultivation, processing or retail sale ofmedical marijuana in the city. The moratorium may be necessary because the state continues todevelop rules surrounding the growth, sale and use of medical marijuana and thus the city mayrequire additional time to study this guidance from Columbus prior to the full statewide rolloutof a medical marijuana program by September 2018.

I know you met recently in committee and heard from our planning officials on this matter. Theadministration will address any questions from the floor this evening or in another committeereview.

Very truly yours,

Kevin M. Butler

P95

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 at theearliest period allowed by law, to extend a moratorium on the granting of building permits or certificates of occupancy for any building, structure, use or change of use thatwould enable the cultivation, processing, or retail sale of medical marijuana for a periodnot to exceed 90 days from the effective date of this resolution, in order to allow Counciland the Lakewood Planning Commission to review applicable Ohio statutes, criminalcodes and the Lakewood Zoning Code relative to such use.

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

WHEREAS, 131 Sub. H.B. 523, among other things, permits patients in Ohio touse medical marijuana on the recommendation of physicians; creates state regulatoryoversight of the cultivation, processing, retail sale, use and physician recommendation ofmedical marijuana; authorizes the legislative authority of a city to adopt regulations toprohibit or limit the number of retail medical marijuana dispensaries; and prohibits a cul- tivator, processor, retail dispensary or laboratory from being located or relocating within500 feet of a school, church, public library, public playground or public park; and

WHEREAS, with the adoption of Resolution 8878 -16, Council imposed a six - month moratorium in July 2016 on medical- marijuana- related activities in Lakewood, which moratorium was subsequently extended for a period of 90 days by Resolution8916 -17 on March 20, 2017; and

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

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

WHEREAS, the Administration continues to research the potential impacts onmedical marijuana facilities within the city as well as the availability of medical marijuana to residents of the city, in an effort to properly advise Council and the Planning Com- mission; and

WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power to enact planning and zoning laws that are for

the health, safety, welfare, comfort and peace of the citizens of the municipality includingrestricting areas used for businesses and trades; and

WHEREAS, this Council by a vote of at least five members thereof determinesthat this resolution is an emergency measure, that this resolution shall take effect at theearliest date possible as set forth in Article I1I, Sections 10 and 13 of the Second Amend- ed Charter of the City of Lakewood and that it is necessary for the immediate preservation of the public property health and safety and to provide for the usual daily operationof municipal departments in that the affected businesses are able to apply for a permitimmediately notwithstanding the potential application of criminal and zoning codes; now, therefore


Section 1. Council hereby extends the moratorium unposed by Resolution 8878- 16 and extended by Resolution 8916 -17 on the granting of building permits or certificatesof occupancy for any building, structure, use or change of use that would enable the cultivation, processing, or retail sale of medical marijuana for a period not to exceed 90 daysfrom the effective date of this resolution, in order to allow Council and the LakewoodPlanning Conunission to review applicable Ohio statutes, criminal codes and the Lake- wood Zoning Code relative to such use

Section 2. For the purpose of this resolution, " medical marijuana" shall have thesame meaning as that term is defined in Section 3796. 01( A)(2) of the Ohio RevisedCode.

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

Section 4. The moratorium shall be in effect for a period of 90 days from the effective date of this resolution or until changes are enacted to amend the Codified Ordi- nances of the City of Lakewood to address these issues or until Council approves legislation explicitly revoking this moratorium, whichever occurs first.

Section 5. This resolution is hereby declared to be an emergency measure neces-

sary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth anddefined in the preamble to this resolution, and provided it receives the affirmative vote ofat least five members of Council this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise shall takeeffect and be in force after the earliest period allowed by law.

P97

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

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

with all legal requirements.

Adopted:

Approved:

SH

PRESIDENT

CLERK

MAYOR

NOTICE TO LEGISLATIVE

AUTHORITY

TO

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05 01 2017

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IMPORTANT NOTICE

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PLEASE SIGN BELOW AND MARK THE APPROPRIATE BOX INDICATING YOUR TITLE:

Signature) ( Title)- Clerk of County Commissioner ( Date)

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CLERK OF LAKEWOOD CITY COUNCIL12650 DETROIT AVLAKEWOOD OHIO 44107

WEOLC 4052

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