DOCKET OF A MEETING OF THE LAKEWOOD CITY COUNCIL TO ...

DOCKET 

OFA MEETING OF 

THE LAKEWOOD CITY COUNCIL 

TO BE HELD IN THE COUNCIL CHAMBERS 

LAKEWOOD CITY HALL 12650 DETROIT AVENUE 

NOVEMBER 16 2009 

730PM 

The Regular Meetings of Lakewood City Council shall be held on the first and third Mondays of each 

month at730PM except that when such meeting date falls on a 

holiday such meeting shall instead be 

held on the following day A Docketand Agenda ofthe business proposed to be transacted by Council will 

be available in the Clerk sOffice and both branches of the Lakewood Public Library after noon on 

Friday 

before a Council meeting 

Section 121 08ofthe Codified Ordiriances ofthe City ofLakewood establishes when rules for the public to follow 

speaking before Council 

ADDRESSING COUNCIL The President may recognize anynon member for addressing Council on 

any question then pending In such cases the person recognized shall address the chair state his orher 

name and address and the subject matter he or she desires to discuss Speakers must be courteous in their 

language and avoid personalities When addressed by the Chair the speaker must yield the floor and 

comply with all rulings of the chair said rulings Council not being open to debate Except with permission of 

specifically given speakers shall be limited to five minutes No person who has had the floor 

shall again be recognized until all others desiring an opportunity to speak have been given an opportunity 

to do so 

AGENDA TTEMSPROTOCOL 

The Clerk at the beginning of the meeting will present the AGENDA ITEMS sign in sheet to the 

President ofCouncil Speakers will be called to address Council by the Chair A citizen must first write 

his or her name address and agenda item number on the designated sign in sheet in order to be 

recognized 

PUBLIC COMMENT PROTOCOL 

The clerk at the end ofthe meeting will present the PUBLIC COMMENT sign in sheet to the Presidentof 

Council Public Comment will be welcomed at the end ofa Council Meeting on miscellaneous issues 

issues or 

other than agenda items A citizen must first write his or her name address and topic on the 

designated sign in sheet in order to berecognized The forum is not 

designed tobe a question and answer 

session 

L 

II 

III 

Pledge of Allegiance 

MomentofSilence 

Roll Call 

Reading and disposal ofthe Minutes of the Regular Meeting of Council held November 2 

2009 Reports legislation and communications from Members of Council the Mayor 

and other City Officials

OLD BUSINESSxr 

1 Planning Commission Report regarding Ordinance 62 09 Amending Chapter 

Zoning Codeto Preserve Historic Interiors Pg 6 

1134 of 

2 ORDINANCE NO 62 09 AN ORDINANCE to amend Chapter 1134 Historic 

Preservation Districts HPD and Historic Properties HP of the Zoning Code of the 

Codified Ordinances of the City of Lakewood to 

expand the scope of the chapter 

public interior portions of buildings to 

with unique historical value PLACED ON 1sT 

READING REFERRED TO THE PLANNING COMMISSION AND THE 

COMMITTEE OF THE WHOLE909 2ne READING 921 09 Pg 7 

3 ORDINANCE NO 77 09 AN ORDINANCE to take effect immediately provided it 

received the affirmative vote of at least five 5 members elected to Council otherwise it 

shall take effect and be in force after the earliest period allowed by law authorizing the 

Mayor or his designee for and on behalf of the City of Lakewood to enter into an 

amended agreement with the Cuyahoga County Board of County Commissioners 

Department of Senior Adult Services to provide home delivered meals homemaker 

services personal care services and medical transportation services under the Cuyahoga 

County Options for Elders Program that will extend the current 

agreement through June 

30 201 

PLACED ON 1ST READING REFERRED TO THE HEALTH HUMAN 

SERVICES COMMITTEE 101909 2a READING REPORTED OUT ON AND 

RECOMMENDED FORADOPTION 11209 Pg 37 

4 ORDINANCE NO 78 09 AN ORDINANCE to enter into an agreement District with the 

Advisory Council of Cuyahoga County Ohio General Health District for the 

provision of public health services within the City of Lakewood in an exceed Two Hundred Nine Thousand amount not to 

Five Hundred Ninety Dollars209 

590 00 for one a 

year period commencing January 1 2010 PLACED ON 1sT READING 

REFERRED TO THE HEALTH HUMAN SERVICES COMMITTEE 1112 09 

Pg 39 


receives the affirmative vote of at least five 5 members elected to Council otherwise it 

shall take effect and be in force after the earliest period allowed by law authorizing 

Director of Finance to sell the 

through trade in 127 weapons and accessories having an 

estimated value of 40 000 in conjunction with the purchase ofnew state 

the art 

weapons for the Lakewood Division of Police PLACED ON 1sT READING 

REFERRED TO THE PUBLIC SAFETY COMMITTEE 11209 Pg 40 

2

xNEWBUSINESSxxxx 

6 Committee of the Whole Report from Councilman Dever regarding registered sex 

offenders To Be Provided 

7 Communication from Mayor FitzGerald regarding registered sex offenders Pg 42 



shall take effect and be in force after the earliest period allowed by law to amend Section 

533 17 Prohibitions on Residency of the Codified Ordinances of the City of Lakewood 

to 

update and include changed designations under the State Code requirements for the 

registration ofsexoffenders Pg 43 

9 Communication from Finance Director Senn Pae regarding appropriations purchasing 

and revenues 

necessary for the 2010 budget Pg 46 



shall take effect and be in force after the earliest period allowed by law to establish 

appropriations for current expenses and other expenditures of the City of Lakewood 

State ofOhio for the fiscal year ending December 31 2010 Pg 47 


receives the affirmative vote ofat least five 5 members elected to Council otherwise it 


Mayor Director ofPublic Safety the Director ofPublic Works the Duector ofLaw 

Director the 

of Finance and or the Purchasing Manager to enter into service contracts in 

accordance with the Administrative Code of the City of Lakewood for the Division of 

Planning Development in accordance with the Administrative Code of the City of 

Lakewood contracts not to exceed the specified amounts shown without separate 

resolution ofCouncil Pg 60 

12ORDINANCE NO 82 09 AN ORDINANCE to take effect immediately provided 

receives it 

the affirmative vote ofat least five 5 members elected to Council otherwise it 

shall take effect acid be in force after the earliest period allowed by iaw authorizing the 

Mayor Director ofPublic Safety the Director of Public Works the Director ofLaw the 

Director of Finance and or the Purchasing Manager to enter into contracts for 

professional services and to advertise for bids and enterinto contracts forthe purchase of 

repair maintenance and operating supplies services and equipment as authorized by the 

2010 Appropriation Ordinance and the Administrative Code ofthe City of LakewQOd 

withthe lowest and best bidder or bidders or as otherwise provided by law Pg 62 

3


receives the affirmative vote of at least five 5 members elected to Council otherwise 

shall it 

take effect and be in force after the earliest period allowed by law authorizing the 

Mayor Director of Public Safety the Director ofPublic Works theDirector of Law the 


Memberships as authorized by the 2010 Appropriation Ordinance and the 

Administrative Code of the City of Lakewood contracts not to exceed 60 000 without 

separate Resolution ofCouncil Pg 66 

14 

ORDINANCE NO 84 09 AN ORDINANCE to take effect immediately provided it 

receives the affirmative vote of at least five5 members elected to Council otherwise it 

shall take effect and be in force after the earliest period allowed by law to amend 

Ordinance 53 06 adopted July 3 2006 to amend Chapter 915 Water Rates of the 

Codified Ordinances of the City of Lakewood for the purpose of adjusting 

water rates 

charged against each lot parcel of land or 

premises which may have an active water 

connection with the Municipal water system Pg 70 

15 

ORDINANCE NO 85 09 AN ORDINANCE to take effect immediately provided it 


shall take effect and be in force after the earliest period allowed by Ordinance law amending 

54 06 adopted July 3 2006 to amend section 902 04 Rates and Charges of 

the Codified Ordinances ofthe CityofLakewood for the purpose of adjusting sewer rates 

charged against each lot parcel of land or premises which may have an active sewer 

connection with the Municipal wastewater disposal system or which may otherwise 

discharge wastewater either directly or indirectly into such system or any part thereof 

Pg 73 

16 Communication from Humans Services Director Dottie Buckon regarding the 2010 

Program Year Contract with Western Reserve Area Agency on Aging Title III of the 

1965 Older Americans Act for the 2010 program year Pg 77 

17 RESOLUTION NO 8379 09 A RESOLUTION to take effect immediately provided it 

receives the affirmative vote ofat least five 5 members elected to Council otherwise it shall 

tak effect and be in force after the earliest period allowed by law his authorizing the Mayor 

designee or 

to enter into a Contract with the Western Reserve Area Agency on Aging to 

accept funds for the City s programs covering Nutrition SociaUSupportive Transportation and 

Services such contract 

providing partial funding for supplemental programs under 

Title HI of the 1965 Older Americans Act for the 2010 program year Pg 78 

18 Communication from Chief Malley regarding including an administrative fee for 

vehicles towing 

Pg 79 

19 ORDINANCE NO 87 09 AN ORDINANCE to create new Section Administrative 135 15 

Towing Fees of the Codified Ordinances of the City of Lakewood to 

establish an administrative fee for the towing of vehicles ordered by the Police Division of 

Pg 80 

4

20 Communication from Public Works Director Joe Beno regarding seeking ARRA 

Stimulus funding for WWTP secondary digester covers and thickener tank drive units 

Pg 82 

21 ORDINANCE NO 88 09 A RESOLUTION to take effect 

immediately provided it 

receives the affirmative vote ofat least five 5 members elected toCouncil otherwise it 


Mayor s to apply for accept and enter into a Water Pollution Control Loan Fund Full 

Principal Forgiveness Assistance Agreement on behalf of the City of Lakewood for 

planning design and orconstruction of WasterWater Treatment Facilities Improvements 

with the Environmental ProtectionAgency ofthe State ofOhio in an amount estimated at 

652 500 Pg 83 

22 Communication from Planning Director Nate Kelly regarding a presentation from the 

Cleveland Restoration Society Pg 85 

23 Communication from Planning Director Nate Kellyregarding an Economic Development 

Fund loan to 717Ink and University Tees Pg 86 

24 ORDINANCE NO 89 09 AN ORDINANCE authorizing the Mayor or his designee to 

enter into an agreement with University Tees Inc or its designee for participation in the 

Lakewood Business Investment Program BIP of the Economic Development Fund 

EDF for a five5 year loan in an amount ofFifty Thousand Dollars 50 000 Pg 87 

25 Communication from Councilman Summers regarding the reappointment of Ray Cushing 

to the Finance Audit Committee Pg 89

i 

1j 

PLANNING COMMISSION 

12650 DetroitAvenue 44107 216529 6630 FAX 216529 5936 

amcnelakewocd eom 

November 11 2009 

Lakewood City Council 

12650 Detroit Avenue 

Lakewood Ohio 44107 

RE 

Planning Commission Report Proposed Ordinance62 09 of Amending 

Zoning Code to 

Chapter 

Preserve Historic Interiors 

1134 

Dear Members of CityCouncil 

On September92009 CityCouncil referred Proposed Ordinance62 09 Amending Chapter 

1134 of Zoning Code to Preserve Historic Interiors to the PlanningCommission for review and 

comment The proposed ordinance was 

accepted forreview by the Planning Commission alone 

as a Commission at its October 1 s 2009 public hearing The Commission reviewed the proposed 

ordinance in a 

joint work session with the Committeeofthe Whole the Lakewood Heritage 

Advisory Board and the public at large where all gathered to review and discuss the text ofthe 

proposed ordinance 

After receiving feedback from the public and considering the impact on Lakewood s historic 

propertiesincluding those designated and those that may be so designated in the future the 

Planning Commission voted on November Sr 2009 to recommend 

Council approval by for Lakewood City 

adoption in the Zoning Code In doing so the Commission supports the concept 

thepropused ordinance and submits tfie attachedrecommended of 

changes for further discussion 

among colleagues counsel and the public 

Respectfully submitted 

Biil Grulich 

Chairman 

n 

Kelly 

Secretary 

LV o 

CtDocuments and Set ings njk4966 Desktop PC Approves Historic InteriorsRec toCouncil 111109 doc

First reading and referred to 

Planning Commission and COW 

909 second reading921 09 

please substitute fororiginal 

ORDINANCE N062 09 BY 

AN ORDINANCE to amend Chapter 1134 Historic 

aid 

Presen atior 

Historic 

Dstri 

Properties HP of the HPD 

Zoning Code of the 

of Codified 

Lakewood to Ordinances of 

expand the the Gity 

scope of the chapter to include designation of public interior 

portions of buildings with unique historical value 

WHEREAS the amendments to the Zoning Code promote the development and 

protection of existing buildings and structures throughout the City of unique historical 

significance thereby protecting property values and 

WHEREAS the amendments to the Zoning Code encourage the orderly develop 

ment and retention of buildings and structure ih the City in a manner consistent with 

the Community Vision and 

WHEREAS Article 18 Section 3 of the Constitution of the State of 

municipalities to exercise 

Ohio 

all permits 

powers of local self government and 

within their to adopt and 

limits such local enforce 

police sanitary and other similar regulations as are 

conflict with not in 

general laws now therefore 

BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO 

Section 1 

That Chapter 1134 Historic Preservation Districts HPD and His 

toric Properties HP of the Zoning Code of Codified Ordinances of the City of Lake 

wood currently reading as follows 

HISTORIC PRESERVATION DISTRICTS FIPD 

AND HISTORIC PROPERTIES HI 

1134 01 PURPOSE 

a 

The purpose ofthis Chapter is to promotethe health safety andwelfare 

ofthe citizens ofthe City by providing for the identification protection 

enhancement perpetuation and use of areas places buildings strud 

tures works of art and other objects having a special historical com 

munity or aesthetic interest or value so thatthe following objectives are 

reached 

1 To maintain and enhance the distinctive and or aesthetic char 

acter diversity and interest ofthe City 

2 To safeguard the architectural integrity 

nated Historic of the City s desig 

Preservation Districts IUD andHistoric Prop 

ertiesHI 

tl

To safeguazd the heritage of the City by preserving places 

sites buildings and structures which reflect elements of the 

City s cultural social economic political azchitectural or az 

chaeologicalheritage 

4 To seek alternatives to demolition or 

incompatible alterations 

intheHPD andto HPsbefore such acts are 

performed 

5 To afford thevdest possible scope of 

continuing vitality 

through private renewal andarchitectural creativity within ap 

propriate controls andstandazds 

b 

The purpose oftheBPD or HP designation and detemunation provided 

for in this Chapter is to contribute to the economic recreational cul 

tural and 

educational development ofthe City by 

1 Fostering a sense of community identification and civic pride 

by preserving azeas places buildings structures works ofart 

and other objects which reflect periods events in history no 

table accomplishments ofthe past and significant persons of 

the community and its region 

2 protecting and enhancing the City sattributes for residents 

prospecfive residents visitors and tourists 

3 strengthening the economy ofthe City 

4 stabilizing and improving property values 

5 facilitating the reinvestmentin and revitalization ofcertain dis 

tricts and neighborhoods 

6 promoting use and preservation ofhistoric sites and structures 

forthe education and general welfare of residentsofthe City 

1134 021 DEFINITIONS 

a 

ALTER or 

ALTERATION for the purposes ofthis Chapter shall in 

clude achange in design material color texture material orexterior az 

chitectural feature and shall also include any additions to 

existing azeas 

places buIldings structures works ofart or other objects The correc 

tion of any deterioration or damage to an area place building struc 

ture work of art or other object and restoration to its 

such condition prior 

deterioration to 

or damage is excluded from the definition ofaltera 

tionprc ed such work does nct involve a change in design 

color texture material material 

or exterior architecturalfafore 

b 

CERTIFICATE OF APPROPRIATENESS means a certificate is 

sued either by the Architectural Boazd of Review indicating that pro 

posed design plans for alteration or by the Commission for demolition 

ofa property within the FIPD or the HP is in accordance with the pro 

visions ofthis Chapter 

L

c 

d 

r 

DESIGNATION and DETERMINATION means respectively the ini 

tial process by the Commission to identify appropriate districts and 

properties for implementation ofthis Chapter andthe actual outcome of 

an application process to implement andmake effective this Chapter for 

any specific district or property 

DEMOLISH or DEMOLITION means the razing or removal in 

whole or inpart of any area place building simcfure work ofart or 

other object 

f EXTERIOR ARCHITECTURAL FEATURE Smeans the architec 

tural style general design and general arrangement of the exterior ofa 

building or structure including but not limited to windows doors 

porches cornices exterior wall materials decorative trim chimneys 

roof structure and roof materials and other fixtures appurtenant to the 

exterior ofthe building or structure 

g 

h 

MATERIAL COLOR means the color inherent to a material such as 

brick or stone Itshall not be construedto refer to exterior painting 

PRESERVATION means the act or process of applying measures to 

sustain the existing form integrity and material ofan area place build 

ing structure workof art or other object 

i SECRETARY OF TFIE INTERIOR SSTANDARDS FOR REHA 

BILITATION means the United States Secretary of the Interior s 

StandardsFor Rehabilitation codified at 36 CFR 67 ofthe Code ofFed 

eral Regulafions as the same may be amended from time to time and 

associated guidelines established by the Commission that form the cri 

teria used by the Architectural Board ofReview when considering an 

application for a Certificate of Appropriateness in an HPD or for an 

HP 

j UNIQUE HISTORIC GUIDELINES means any specific guidelines 

adopted by the Commission either at thetime of designation of anHPD 

orHP or upon subsequent revision and review to govern any 

such des 

ignated HPD or HP 

1134 03 PROCEDURES FORIDENTIFICATION REVIEWAND 

DESIGNATION OF ANHPD ORHP OR LANDMARKS 

a 

Relationship to Base Districts The HPD or HP is the designation of 

an additionally restricted zone or 

specific property restricfions for an 

historic property within any zone which may be applied to existing 

zoning distticts as described herein When suchadissict or property is 

established the HPD or Ira shall be shown as an indication to theun 

derlying districts by the desi ation ofHPD for historic Preservation 

District orHP for Historic Properties onthe zoning map 

A HPD or HP may cross ortransit several base districts however the 

uses permitted in each base distfict are limitedo the boundaries ofthat 

base district except as otherwise provided herein 

i

Initial Designation Procedure The Commission may propose desib 

nafions of any azea place building structure work ofart or other ob 

ject as an HPD or HP on its own initiative or upon the recommendafion 

ofthe Heritage Advisory Board or upon a request by an owner ofa 

property Proposals for designation must be accompanied by 

fion with informa 

respect to the special historical community oraesthetic inter 

est or value of the HPD or HP The Commission may establish from 

dineistesuchprocedures and policies with respect to designations 

andother matters described in this Chapter Moreover the Commission 

shall where appropriate issue specific Unique Historic Guidelines to 

govern any such 

designated HPD or HP The purpose of such guide 

lines are to assist the Architectural Board ofReview to limit its judg 

ment and review procedures to design and engineering issues rather 

than its own independent view ofhistoric appropriateness which are 

hereby expressly left in the province of the Commission with the advice 

ofthe Heritage Advisory Boazd 

c 

Considerations for 

Designation In considering the designation of any 

area place building structure work ofart or other object in the City as 

a HPD or HP the Commission shall apply the following criteria with 

respect to each property One1 or more or the following must apply 

1 The chazacter interest or value as part ofthe heritage ofthe 

City the region State ofOhio ortheUnited States 

2 the location as a site ofa significant historic event 

3 the 

identification with a person or persons who significantly 

contributed to the historic development of the City 

4 a HPD s or HP s exemplification of the cultural economic 

social archeological or historic heritage ofthe City 

5 the pornayal oftheenvironment ofa group of of people 

history characterized by a distinctive architectural style 

in an era 

6 the embodimentof distinguishing historical chazacteristics ofa 

group of people in an eraof history chazacterized by adistinc 

tive architectural style 

7 HPD s or HPsidentification as the work ofan architect or 

master builder whose individual work has influenced the de 

velopment ofthe City 

8 1Ds or HPsembodiment of elements ofazchitectwal de 

sign detail materials or 

craftsmanship which represent a sig 

nificant azchitectural or technological innovation 

9 HPD s or HPsunique location or singular physical character 

istics representing an established and familiar visualfeature of 

a 

neighborhood community or theCity itself at lazge 

r 

i

10 HPD sor HPshaving yielded or its likelihood of yielding in 

formation important to the understating of pre history or his 

tory 

d 

Additional considerations for an HPD In additionto meeting at least 

one 1 of the above criteria a proposed HPD must also meet the fol 

lowing criteria in order to be designated aHPD 

1 The area within the proposed boundaries must have a high de 

gree of historic integrity without excessive loss of architec 

turalor historic chazacter 

2J 

The areawithin theproposed boundaries must have aninternal 

historic cohesiveness inthe sense of a shared common history 

of its inhabitants historical development according to the Vi 

sion ashared azchiteFtural style or design or a body ofazchi 

tecture illustrating the evolution of architectural styles over a 

period oftime 

e 

Additional Considerationsfor an HI In addition to meeting at least 

one 1 of the criteria listed in subsection c above a proposed HP 

must also meetthe following criteria in order to be designated aHP 

1 The structure 

must have a high degree ofhistoric integrity 

without excessive loss ofarchitectural or historic character 

2 The structure smust have an internal historic cohesiveness in 

the sense ofashared common history of its inhabitants his 

torical development according to the Vision a shazed architec 

tural style or design or a body ofazchitecture Illustrating the 

evolution ofarchitectural styles over aperiod oftime 

f Designation by the Commission The Commission after obtaining ad 

vice from the Heritage Advisory Boazd may designate certain areas 

places sites buildings and structures as eligible to become either a 

HPD or aHP 

g 

h 

Designs on Not Self Executing Once the Commission has designated 

any certain areas places sites buildings and structures as eligible to 

become either an HPD or an HP an individual or group may apply to 

the Commission for official status as anHPD or HP The rules ofthis 

Chapter or the Unique Historic Guidelines adopted by the Commission 

for any 

HPD or HP are not effective untIl the following application and 

approval process is additionally completed 

Application for Historic Status 

Determination The applicant s 

shall attempt to secure the written consent ofthe properly owner s for 

the determination of a property as aHP However written approval is 

not 

required for the property to be determined as an HP In the event 

that such ownerrefuses or declines to orotherwisedoes not give written 

consent to the proposed determination as aHP upon the applicant s 

application the Commission shall schedule a public hearing onthe ques 

tion of the proposed detemination In regards to a HPD the appli 

cant s shall attempt 

to secure the written approval of owner s within 

1 

lJL

the proposed boundaries These signatures shall be presented ona form 

prepared by the Commission However written approval is not re 

quired for the properties to be determined as within a HPD In the 

event that such owner srefuses or declines to or otherwise does not 

give written consent to the proposed determinafion as a HPD upon the 

applicant s application the Commission shall schedule a 

public 

ing onthe question hear 

ofthe 

proposed determination 

i Notice Procedures for Public Hearing 

1 Notice ofthe public hearing shall be made in accordance with 

Lakewood Codified Ordinances no less than seven 7 days be 

fore the heazing said notice shall state the time place and pur 

pose of the hearing in accordance with Chapter 107 Publica 

tion of Legal Nofices ofthe Ordinances 

2 No less than seven daysprior to a public hearing the Commis 

sion additionally shall give written notice of a public hearing 

stating the time place and purpose to all owners and residents 

of property in and within 200 feetofthe property for whichei 

ther an HPD or an HP designation is requested 

j The Commission shall give due consideration to the advice ofthe Heri 

tage Advisory Boazd such consents to determinaton and comments as 

have been filed with it andthe views as may have been expressed by 

persons participating in the hearing before the Commission as well as 

any other relevant informafion brought before the Commission in mak 

ing its decision with respect to the 

proposed determinationofeach HPD 

orHP by a majority vote ofits members 

k 

The application for historic determination shall be studied by the Com 

mission for its review and recommendation The Commission may de 

termine said azea place site building s and structure 

HP sas aHPD or 

by majority vote Regardless of any current National Register 

Historic of 

Places status a HPD or HP must be locally determined by 

Commission the 

forthis Chapter to apply 

1 The Commission may approve by majority vote specific architectural 

guidelines for a created district or a 

specific historic property 

The 

Commission shall schedule a public hearing on the question of pro 

posed design guidelines If specific architectural guidelines are notcre 

ated the Secretary of the Interior s Standazds for Rehabilitation shall 

apply to aHD for Architectural Board ofReview purposes 

m1 

Application s which have been denied by tine Commission may be re 

submitted within ten 10 days if a request is made in writing by 

applicant the 

setting forth the grounds thereof mines Ifthe Commission deter 

by vote thatvalid grounds have been submitted a 

rehearing shall 

be granted Ifthe request is notmade withia ten 10 days from date of 

n7ingno application onthe same appeal maybe made to the Commis 

sionfor a 

period ofsix 6 months fromthe date theoriginal applicafion 

was denied The filing ofan applicafion for arehearing shall not be 

deemed to extend the time permitted by law for the filing ofan appeal 

to the Courts 

o 

i

1134 04 LOCATION OF ANHPD OR HP 

Location of a HPD or HP is limited to the Cl Commercial Office C2 Commer 

cial Retail C3 Commercial General Business C4 Commercial Public School 

Districts R1H Single Family high density R1M Single Family medium den 

sity R1L Single Family low density R2 Single and Two Family L Lagoon 

b11IMultiple Family high density and MLMul dpeFamilylow density Resi 

dential Districts 

1134 05 PERMITTEDACCESSORY USES 

Permitted accessory uses in an HPD shall be those uses listed as accessory 

underlying base zone 

1134 06 PROCEDURES FOR THE REVIEW OFPROPOSED 

in the 

ALTERATIONS DEMOLTTION ANDNEW CON 

STRUCTIONAND FOR ISSUANCE OFAPPROVAL TO 

PROCEEDWITHWORKCERTIFICATE OF APPRO 

PRIATENESS 

a 

No person shall make any alteration or demolition with respect to any 

property that is situated in adetermined HPD of has been determined an 

HP unless a Certificate of Appropriateness has been previously issued 

with respect to such property With respect to any such alteration or 

demolition the owner of a property shall first apply for and secure a 

Certificate of Appropriateness from the Architectural Boazd ofReview 

In addition any improvements or changes undertaken within public 

rights of way within an HPD also require a Certificate of Appropriate 

ness from theArchitectural BoazdofReview 

b 

Unless the Commission has previously approved Unique Historic 

Guidelines when considering an application for aCertificate of Appro 

priateness the Architectural Board of Review shall determine whether 

the proposed construction reconstrucfion alteration or demolition is 

appropriate or whether it has an adverse affect uponthe purposes ofthis 

Chapter and shall refer to the Secreiarv ofthe Inferior sSfandard s for 

Rehabilitation asamended from time to time and which on the date of 

the adoption ofthis are as 

Chapter 

follows 

1 A property shall beused for its historic purpose orplaced in a 

newuse that requires minimal change to the defining chazac 

teristics ofthe building and its site and environment 

2 The historic characterofa property shall be retained and pre 

served The removal ofhistoric materials or alteration offea 

tures and spaces that characterize a property shall beavoided 

3 Each property shall be recognized as aphysical record of its 

time place and use Changes that create afalse sense ofMs 

torical development such as adding conjectural features or az 

chitectural elements from other buildings shall not be under 

taken

4 Most properties change over time those changes that have ac 

quired historic significance in their own right shall beretained 

and preserved 

5 Distinctive features fmishes and constmction techniques or 

examples of craftsmanship that characterize an HP shall be 

preserved 

6 Deteriorated historic features shall be repaired rather than re 

placed Where the severity of deterioration requires replace 

ment of adistinctive feature the new feature shall match the 

old in design color texture and other visual qualities and 

where possible materials Replacement of missing features 

shall be substantiated by documentary physical or pictorial 

evidence 

7 Chemical or physical treatments such as sandblasting that 

cause damage to the historic materials structures if appropri 

ate shall be undertaken using the gentlest means possible 

8 Significant azcheological resources affected by a project shall 

be protected and preserved If such resources must be dis 

turbed mitigafion measures shall be undertaken 

9 New additions exterior alterafions or related new construcfion 

shall not destroy historic materials that chazacterize the prop 

eriy The new work shall be differentiated from the old and 

shall be compatible with the massing size scale and azchitec 

tural features to protect the historic integrity of the property 

and its environment 

10 New additions and adjacent or related new construcfion shall 

beundertaken in such a manner that if removed in the future 

the essential form and environment would be unimpaired 

c 

d 

e 

In the case of archeological properties the Architectural Boazd ofRe 

view mall refer to the Addisory Council on Historic Preservation 

Treatment ofArcheological Properties A Handbook orsuccessor pub 

hcahon s 

Approval Not Self executing Where the Commission has Issued 

Unique Historic GuidelinesIfthe proposed construction reconstruc 

tion alteration or demolition is determined to have no adverse effect on 

the HPD or the HP and does not violate the spirit and purpose ofthese 

preservztion regula ons ther the Architectural Board cfRevie vshaIl 

approve the Certificate of Appropriateness subject to afinal addifional 

review by the Corrimission whenever Unique Historic Guidelines have 

been established 

DenialIfthe Architectural Board ofReview determines that the pro 

posed construction reconstruction alteration or demolition willhave an 

adverse effect onthe HPD or HP and does violate the spirit and purpose 

of these preservation regulations then the Architectural Review Board 

shall deny the Certificate of Appropriateness

f Notice of Denial to Applicant In the event that the Architectural 

Board ofReview denies an 

application for a Certificate of Appropriate 

ness the Secretary ofthe Architectural Boazd ofReviewshall forthwith 

notify the applicant of such determination in writing and transmit to 

him her a copy ofthe reasons for denial and recommendations if any 

oftheArchitecturalBoard ofReview 

g 

Effect ofDenial Upon denying an application for aCertificate of Ap 

propriateness the Architectural Board ofReview shall impose a waiting 

period to not exceed thirty30 days from the date ofdisapproval dur 

ing which the applicant may develop a compromise proposal With re 

spect to an application involving a demolition the Architectural Board 

ofReview may at its discretion extend the aforementioned waiting pe 

riod to not exceed one1 yeaz from the date of disapproval If both 

parties accept a compromise proposal the Architectural Boazd of Re 

view may henceforth approve afinalCertificate ofAppropriateness un 

less Unique Historic Guidelines have been adopted by the Commission 

andpertain in which case any compromise must also be approved by 

the Commission 

h 

Negotiations During Waiting Period for Demolition Iu the Case of 

a Denial of an Application for aCertificate of Appropriateness for 

Demolition 

1 The Architectural Board of Review along with the Director 

Commissioner members ofthe Heritage Advisory Boazd and 

other officials ofthe City as needed may participate in nego 

tiations with the owner or owners and any other interested 

partyin an effortto find ameans ofpreserving the property If 

the aforementioned do not 

agree on a means of preserving the 

property atthe initial meeting then they may continue to under 

take meaningful and continuing discussionwith the purpose of 

finding amethod ofsaving the property 

2 Ifthe applicant fails to meet with any 

or all ofthe aforemen 

fioned iii good faith in the time specified then the Archtec 

turalBoazdofReview sdenial ofthe applicationwill stand 

3 If after holding such good faithmeetings in the waiting period 

as specified above the Director determines in writing that fail 

ure to approve an applicaton for a Certificate of Appropriate 

ness will create a substantial hardship to the applicant andthat 

such certificate maybe approved without substantial detriment 

to the public welfzre znd without substantial derogation from 

the purposes ofthis Chapter therein in such event the Archi 

tecturalBoazd ofReview shall approve aCertificate of Appro 

priateness for such proposed demolition 

i Negotiations During Waiting Period for Alteration In the case of 

denial ofan 

applicafion for a Certificate of Appropriateness for con 

struction reconstruction or alterafion

1 The Architectural Boazd of Review along with the Director 

Commissioner members ofthe Ieritage Advisory Boazd and 



party in an effort to find ameans of preserving the historic in 

tegrity of the property The 

the aforementioned shall investigate 

feasibility of all means of preserving the historic integrity 

ofthodesignated praperry If the aforementioned donotaee 

on a means of preserving the historic integrity ofthe property 

at the initial meeting then they may continue to undertake 

meaningful and continuing discussion ofthe purpose offmd 

ing amethod of saving the historic integrity of the property 

2 Ifthe applicant fails to meet with the aforementioned in good 

faith in the time specified then the Architectural Board of 

Review s denial of the application will stand 

3 Ifaet holding such good faith meetings in the waiting period 

specified by the Architectural Board of Review the Director 

determines in writing that failure to approve a Certificate of 

Appropriateness wfll create a substantial hazdship to the appli 

cant and that such certificate may be approved without sub 

stantial detriment to the public welfare andwithout substantial 

derogation from the purposes ofthis Chapter therein in such 

event the Architectural Board ofReview can approve aCer 

tificate ofAppropriateness for such proposed demolition 

k 

Alternative Summary Procedures Not Requiring Board or Com 

mission Action The or 

Duector 

his her designee may administra 

fively approve an application for a Certificate ofAppropriateness for 

the following activities 

1 Repair or replacement of gutters and downspouts provided 

there isno change in material or location 

2 Exterior wall insulation provided the exterior holes aze re 

paired with a matching material For vinyl or aluminum sid 

ing the necessary siding shall be removed prior to the work 

and then reinstalled Insulation work that requires venting of 

any type that appears onthe exterior of astructure requires a 

Certificate ofAppropriateness 

3 Re roofing only with like material andifthe original style and 

shape of the roof is not altered 

4 Storm windows and storm doors provided that the item s 

stalled 

in 

A 

B 

do not siaanificanfly alter the visual effect ofthe open 

mg 

is are 

compatible with the character ofthe building 

to 

al

C 

does not require the removal of original 

windows 

and ordoors 

5 Repair ofthesurface of driveways parking or loading areasor 

walkways with like material 

1 Summary Procedures Report The Director shall provide to the Ar 

chiteclural BoazdaofReview a summary oftheCes iifieaias ofAlipropri 

ateness for each administrative approval issued 

m 

As long as the repair or maintenance does not represent a materialal 

terafion to the structure the following activities aze approved within a 

HPD orHI 

1 Exterior painting and 

2 landscaping improvements referring only to the planting 

rangement of trees shrubs flowers and plants 

or ar 

n 

If no action has been taken by the ArchitecturalReview Board or the 

Director orhis her designee on an application for a Certificate of Ap 

propriateness within sixty 60 days after such application has been re 

ceived by the Architectural Review Board the Certificate of Appropri 

ateness shall be deemedissued 

1134 07 ECONOMIC HARDSHIP APPLICATION FILED AF 

TER DENIAL OF A CERTIFICATE OF APPROPRI 

ATENESS 

a 

b 

An applicant wko has been denied a Certificate of Appropriateness 

may within thirty 30 days ofthe denial apply for a Certificate of 

Economic Hazdship The application shall be made ona form prepazed 

by theCommission The Conunission may hold a public hearing on the 

hazdship application 

All ofthe following criteria shall be considered to determine the exis 

tence ofan economichardship 

1 Denial of a Certificate willre saltin a substanfial reduction in 

the economic value oftheproperty 

2 Denial of a certificate will result in a substantial economic 

burden on the applicant because the applicant 

cannot reasona 

blymaintainthe property in its current form 

3 No reasonable alternative exists consistent with the architec 

tural standards andguidelines for the property 

4 The owner has been unable to sell the property utIlizing best 

efforts 

5 

Previous alterafions have interferedwith the azchitectural cha 

racter ofthebuilding andthe character defining features fo il 

ii

lustrate the style or type are lost and to return the structure to 

its original character is notreasonable 

6 If the owner is anot for profit organization and it is finan 

cially or physically infeasible to achieve its charitable purpose 

while confomung to the pertinent architectural standards and 

guidelines 

7 A court of competent jurisdiction has required the owner to 

abate any violation of these ordinances within a time frame 

that does not comport with therequirements of this Chapter 

c 

In considering granting a Certificate of Economic Hardship the Com 

mission may solicit expert testimony or request that the applicant for a 

Certificate ofEconomic Hazdship submit evidence concerning property 

vatue cost 

estimates income expenses and or any other information 

that the Commission deems necessary to determine whether the denial 

ofthe application constitutes an economic hardship The level ofdocu 

mentation required may vary as is appropriate to each case The Appli 

cant may submit any personal or proprietary information to the Staffof 

the City for a confidential review and such information shall be re 

turned to theApplicant and a summaryor evaluafion ofthe information 

shall be provided to the Commission without disclosure ofthe specific 

personal or proprietary information 

d 

The Commission shall act upon an application of Certificate ofEco 

nomic Hardship within a 

period not to exceed six 6 months from the 

original date ofthe denial ofa Certificate of Appropriateness Ifno ac 

tion has been taken by the Commission withinthis six6 month period 

the applicafion shall be deemed granted unless the time is extended 

upon by mutual agreement Upon the denial of an application the ap 

plicant shall be notifiedbymail 

1134 08 DEMOLITION ORREMOVAL OFSTRUCTURESIN 

ANHPD ORANHP 

a 

b 

Demolition or removal ofa principal structure on acommercial prop 

erty s ina designated HPD or HPshall comply with the regulations set 

forth within thisChapter andthose in Section 1133 08 

Demolition or removal of aprincipal structure on a residential prop 

erty s in a designated HPD or HP shall comply with the regulations set 

forth withinthis Chapter andthose in Section 1133 09 

1134 09 RESCISSION OFA DESIGNATION OR DETERMINA 

TION 

Notwithstanding any provision ofthis Chapter to the contrary the Commission 

may rescind the designation or determination of any azea place building or 

structure work ofart or other object as a I3PD orHP by majority vote by finding 

that the designated HPD or HD does not meet the designation criteria or to pro 

tect the public interest in response to 

changed circumstances since the designa 

fion decision was made This rescission act ofthe Commission shall relieve the 

owner ofsuch property from any duties or 

penalties 

12

1134 10 EXCLUSIONS 

a 

b 

Ifthe forthwith demolition of a structure is required by an action au 

thorized by the Public Safety Duector ofthe City to protect the public 

health or safety said actionshall take precedence overthe provisions of 

thisChapter 

Nothing in this Chapter shall be construed to prevent the correction of 

any deterioration or damage to an area place building structure work 

of art or other object and restoration to its condition prior tosuch dete 

rioration or damage 

1134 

FEES 

The fees for aHPD or FIP application for aCertificateofAppropriateness shall 

bepursuant to Section 1173 06 

1134 12 AFFIRMATIVE MAINTENANCE 

Every owner operator or agent of any property which has been determined 

HPD or HP shall keep in good repair all ofthe exterior portions and all interior 

portions thereofwhich ifnot so maintained may cause or tend to cause the exte 

riorportion ofsuch azea place building or structure work of art or other object 

to deteriorate decay or become damagedpr otherwise fall into astate ofdisre 

pasEvery owner operator or agent of any property which has been determined 

HPD or HP shall further keep in good repair all portions of any azea place 

building or structure work of art or other object which ifnot so maintained 

may cause or tend to cause such portions to deteriorate decay orbecome dam 

aged or otherwise fallinto astate of 

disrepair 

a 

The repair and maintenance required by this section includes without 

limitation 

1 Developing and implementing a maintenance and monitoring 

plan for protecting each portion of any area place buiding or 

stricture workofart or otlterobject 

2 Structurally stabilizing each Improvement and Improvement 

pazcel by taking all steps necessaryto ensure 

A 

theroof is watertight 

B 

C 

D 

gutters aze properly pitched and clearedof debris 

downspoutjoints are intact 

drains areunobstructed 

E 

F 

windows and door frames and wood siding aze in 

good condition 

masonry walls are properlytuck pointed to keep out 

moisture 

13

G 

H 

the Improvement parcel is graded for proper water 

run off 

vegetation is cleared from aroundeach Improvement 

and 

L 

trash debris and hazardous materials such as inflam 

mable liquids poisons and paints are removed from 

the interior ofeach one1 of any area place build 

ing or structure work of art or other object on a con 

tinuous basis 

3 Exterminating or controlling pests including termites and ro 

dents 

b 

Protecting of any area place building or structure work of art orother 

object from moisturepenetration 

1 Securing each vacant area place building structme 

art or other object from vandalism and break ins including 

without limitations 

work of 

A 

firstfloorwindows and doorsmust be secured 

B 

plywood must be painted black or ifthe structure is 

composed of brick acolor compatible with the color 

ofthebrick 

C 

the method used to install the plywood may notresult 

in the destruction of the opening covered and all 

sashes doors and frames must be protected or stored 

for future use 

D 

E 

F 

battery operated intrusion alarms must be installed on 

the first floor of each portion of any area place 

building of structure work ofart or other object 

battery operated smoke alarms must be installed on 

all floors of any area place building or structure 

work ofart or other object 

G 

adequate security lighting must be installed on each 

portion of any azea place building or structure work 

ofart or other object and adequate security luting or 

fencing or both must also be installed on each hn 

provement parcel where deemed necessary by the 

Commissioner 

2 Providing adequate ventilation to the interior of each vacant 

portion of any area place building or structure work ofart or 

other object 

14 

J

3 Securing or modifying utilities and mechanical systems for 

each portion of any area place building or structure work of 

art orother object 

4 Taking such other steps deemed necessary by 

sioner 

the Commis 

1134 13 PENALTY 

Any person violating the provisions ofthis Chapter shall be fined not Less than 

Ten Dollars 10 00 nor more than Five Hundred Dollars 500 

for eachof 

fense anda sepazate offense is deemed committed each day during which anof 

fense continues 

1134 14 SEVERABILITY 

Should any provision ofthis Chapter be declared by the courts to be unconstitu 

tional or invalid such decision shall not affect the validity ofthis Chapter as a 

whole or any part thereof other than the part so declazed to be unconstitutional 

or invalid 

shall be and is hereby amended to read as follows 

HISTORIC PRESERVATIONDISTRICTS IUD 

AND HISTORIC PROPERTIES PIP 

1134 01 PURPOSE 

i 

a 

The purpose ofthis Chapter is to promote the health safety andwelfare 

ofthe citizensofthe City by providing for the identification protection 

enhancement perpetuation and use of areas places buildings public 

interior portions of buildings structures works of art and otherobjects 

having a special historical community or aesthetic interest or value so 

thatthe following objectives are reached 

1 To maintain and enhance the distinctive and or aesthetic chaz 

acterdiversity and interest ofthe City 

2 To safeguazd the architectural integrity of the City sdesig 

nated Historic PreservationDistricts FAD andHistoric Prop 

erties I 

f3 

To safeglazd the heritage of the City by preserving places 

sites buildings and structures which reflect elements of the 

City s cultural social economic political 

architectural or az 

chaeologicalheritage 

4 To seek alternatives to demolition or 

incompatible alterations 

in theHPD and to HPs before such acts aze performed 

5 To afford the widest possible scope of continuing vitality 

through private renewal and architectural creativity within ap 

propriate controls and standazds 

is

The purpose ofthe HPD orHP designation and determination provided 

for in this Chapter is to contribute to the economic recreational cul 

tural and educational development ofthe City by 

1 fostering a sense of community identification and civic pride 

by preserving areas places buildings public interior portions 

of builangs structures works ofart and other otijects which 

reflect periods events in history notable accomplishments of 

the past and significant persons of the community and its re 

gion 

2 protecting and enhancing the City s attributes for residents 

prospective residents visitors and tourists 

3 strengthening the economy ofthe Ciry 

4 stabilizing and improving property values 

5 facilitating the reinvestmentin andrevitalization ofcertain dis 

tricts and neighborhoods 

6 promoting use and preservation of historic sites and stmctures 

for the education and general welfareofresidents ofthe City 

1134 02 DEFINITIONS 

a 

ALTER or ALTERATION for the purposes ofthis Chapter shall in 

clude 1 a change in design material color texture material interior 

architectural feature or exterior architectural feature 2 any additions 

to existing areas places buildings structures works ofart or otherob 

jects and 3 material change to a part ofa public interior portion of a 

building The correction of any deterioration or damage 

to an area 

place building structure workofart or other object andrestoration to 

its condition prior to suchdeterioration or damage is excluded from the 

defmition of alterafion provided such work does not involve achange 

in design material color texture material or exterior architectural fea 

ture 

b 

CERTIFICATE OF APPROPRIATENESS means a certificate is 

sued either by the Architectural Boazd ofReview indicating that pro 

posed design plans for alteration or by the Commission for demolition 

ofa property withinthe HPD or the HP is in accordance with the pro 

visions ofthis Chapter 

c 

DESIGNATION andBETERMINATION means respectively the ini 

tial process by the Commission to identify appropriate districts and 

properties for implementation ofthis Chapter andthe actual outcome of 

an application process to implement andmake effective this Chapter for 

any specific district or property 

d 

DEMOLISH or DEMOLITION means the razing or removal in 

whole or in part of anyarea place building public interior portion ofa 

building structure work ofart or other object 

16 

1 

G F

e 

fl 

g 

h 

EXTERIOR ARCHITECTURAL FEATURE S means the architec 

tural style general design and general arrangement ofthe exterior ofa 

building or structure including but not limited to windows doors 

porches cornices exterior wall materials decorative trim chimneys 

roof structure and roof materials and other fixtures appurtenant 

to the 

exteriorofthe 

building or structure 

INTERIOR ARCHITECTURAL FEATURE S means the azchitec 

tural style design general arrangement and components ofan interior 

including butnot limited to the kind color andtextureof a building ma 

terial andthe type and 

style of all windows doors lights signs and oth 

er fixtures appurtenant to such interior 

MATERIAL COLOR means the color inherent to amaterial such as 

brickor stone Itshall not be construed to refer to exterior painting 

PRESERVATION means the act or process of applying measures to 

sustain the existing form integrity andmaterial ofan area place build 

ing public interior portion ofa building structure 

object 

work of art or other 

i PUBLIC INTERIOR PORTION means the interior portion of a 

building or structure together with its interior architectural features that 

is or was designed to be customazily open 6r accessible to the public 

including by invitation Public interior portion does not include an inte 

rior porkion ofa building or structure thatwas customarily open or ac 

cessible to the public ifthe interior portion has been significantly al 

tered such that a substantial portion ofthe features reflecting design for 

public use no longer remain Terminating the use ofan interior portion 

of abuilding by 

the public shall not in and of itself constitute the con 

version of the design ofsuch interior portion Public interior portion 

does not include the interiorportions ofa building which portions were 

designed to be and are still used exclusively as non public spaces 

j RELIGIOUS EXERCISE means any 

exercise ofreligion 

notcompelledby or central to a system of religious belief 

whether or 

k 

RELIGIOUS INSTITUTION means a group or body of persons 

whichis created andwhich exists for thepredominant purpose of regu 

larly holding or conducting religious activities or religious education 

I SECRETARY OF TI3E INTERIOR S STANDARDS FOR REHA 

BILITATION means the United States Secretary of the Interior s 

Standazds For Rehabilitation codified at 36 CFR 67 ofthe Code ofred 

eral Regulations as the same may be amended from time to time and 

associated 

guidelines established by the Commission that form the cri 

teria used by the ArchitecturalBoard ofReview when 

considering an 

application for a Certificate ofAppropriateness in an HPD or for an 

HP 

m 

SUBSTANTIAL RELIGIOUS BURDEN STATEMENT means a 

statement attested to by a duly authorizedofficial of a re gious institu 

tion owning and using for religious exercise an area place buiding 

t

public interior portion of a building structure work of art or other ob 

ject that is subject to designation that such designation or proposed de 

signation by the City would impose asubstanfial burden on that reli 

gious institution 

religious exercise 

n 

UNIQUE HISTORIC GUIDELINES means any specific guidelines 

adopted by the Commission either at the time ofdesignation ofanHPD 

or 

kPorupon subsequent revision andreview fo governanysuch des 

ignated HPD or HP 

1134 03 PROCEDURES FOR IDENTIFICATION 

REVIEW AND 

DESIGNATION OFANHPD ORHP ORLANDMARKS 

a 

Relationship to Base Districts The HPD or HP is the designation of 

an addifionally restricted zone or specific property restrictions for an 

historic property within any zone which may be applied to existing 

Toning districts as describedherein When such a district or properly is 

established the HPD or HP shall be shown as an indication to the un 

derlying districts by the designation of HPD for Historic Preservation 

District orHP for HistoricProperties onthe zoning map 

An HPD or HP may cross or transit several base districts however the 

usespermitted in each base district are limited to the boundaries ofthat 

base district except as otherwise provided herein 

b 

Initial Designation Procedure The Commission may propose desig 

nations of any area place building public interior portion ofabuild 

ing structure work ofart or other object as an HPD or HP on its own 

initiative or upon the recommendation oftheHeritage Advisory Board 

or upon a requestby an ownerofaproperty Proposals for designation 

must be accompanied by information with respect to the special histori 

cal community or aesthetic interest or 

value of the HPD or HP The 

Commission mayestablish from time to time suchprocedures and poli 

cies with respect to designations and other matters described in this 

Chapter Moreover the Commission shall where appropriate issue 

specific Unique Historic Guidelines to govern any such designated 

HPD orHP The purpose ofsuch 

guidelines are to assistthe Architec 

tural Board ofReview to limit its judgment and review procedures to 

design and engineering issues rather than its own 

independent view of 

historic appropriateness which are hereby expressly left in the province 

of the Commission with the advice of the Heritage Advisory Boazd 

The 

designation of an HPD or HP shall not constitute designation of 

any public interior portion of such area place building or structure un 

less the public interior portion is specifically identified as part ofthe 

designation 

c 

Considerations for Designation In considering the designafion of any 

azea place building public interior portionof a building structure 

work ofart or other object in the City as an HPD or HP the Commis 

sion shall apply the following criteria with respect to each property 

One1 or more or the following must apply 

I the character interest or value as part of the heritage ofthe 

City the region State ofOhio ortheUnited States 

1a 

E

2 thelocation as asiteofasignificant historic event 

3 the identification with a person or persons who significantly 

contributed to thehistoric development ofthe City 

4 an HPD s or HP s exemplification of the cultural economic 

sociah archeological or historic heritage ofthe Ciry 

5 the portrayal ofthe environmentofa group of people in an era 

ofhistory chazacterized by a distinctive azchitectural style 

6 theembodiment of distinguishing historical characteristics ofa 

group of people in an era of history chazacterized by adistinc 

tive architectural style 

7 APD sorHPsidentification as the work of an architect or 

master builder whose individual work has influenced the de 

velopment ofthe City 

8 APD sor HPsembodiment of elements of architectural de 

sign detail materials or craftsmanship which represent a sig 

nificant azchitectural ortechnological innovation 

9 HPD sor APs unique location or singular physical 

chazacter 

istics representing an established andfamiliaz visual feature of 

aneighborhood community orthe City itself at large 

10 HPD sor HPshaving yielded or its likelihood of yielding in 

formation important to the understating of pre history or his 

tory 

d 

Additionalconsiderations for an FIPDInaddition tomeeting at least 

one 1 ofthe above criteria a proposed 

11PD must also meet the fol 

lowing criteria in order to be designated an HPD 

1 The azea within the proposed boundaries must have a high de 

gree of historic integrity without excessive loss of azchitec 

turalor historic character 

2 The azeawithin theproposed boundaries must have aninternal 

historic cohesiveness in the sense of a shared common history 

of its inhabitants historical development according to the Vi 

sion a shazed architectural style or design or a body ofazchi 

tecture illustrating the evolution of azchitectural styles over a 

period oftime 

3 The designation shall not impose a substantial burden on the 

religious exercise of anyperson assembly or institution 

e 

Additional Considerations for an AP In addition to meeting at least 

one 

1 ofthe criteria listed in subsection c above a proposed HP 

must also meet the following criteria in order to be designated an AP 

i9

1 The proposed HP must have ahigh degree ofhistoric integrity 

without excessive loss of architectural orhistoric character 

2 The proposed HP must have an internal historic cohesiveness 

in the sense ofashazed common history ofits inhabitants his 

torical development according to the Vision ashared azchitec 

tural style or design or a body ofarchitecture illustrating the 

evolution ofarchitectural styles overaperiod oftune 

3 The designation shall not impose a substantial burden on the 

religious exercise of any person assembly orinstitufion 

f Designation by the Commission The Commission after obtaining ad 

vice from the Heritage Advisory Board may designate certain areas 

places sites buildings public interior portions of buildings structures 

works of art and other objects as eligible to become either an HPD or 

an HP 

g 

h 

Designation Not Self Executing Once the Commission has approved 

a 

proposed designation of any certain areas places sites buildings 

public interior portions of buildings structures and works of art and 

other 

objects as eligible to become either anHPD or an HP anindivid 

ual or group may apply to the Commission for official status as anHPD 

or HP The rules ofthis Chapter or the Unique Historic Guidelines 

adopted by the Commission for any HPD orHP are not effecfive until 

the following application and approval process is additionally com 

pleted 

Application for Historic Status Determination The applicant s 

shall attempt to securethe written consent ofthe property owner s 

the for 

determination ofa property as anHP However written approval is 

not 

required for the property to be determined as an HP In the event 

that such owner refuses or declines to orotherwise does not give written 

consent to the proposed determination as an HP upon the applicant s 

application the Commission shall schedule apublic hearing onthe ques 

tion of the 

proposed determination In regards to an HPD the appli 

cant s shall attempt to secure the written approval ofowner s 

theproposed within 

boundaries These signatures shall be presented on aform 

prepazed by the Commission However written approval is not re 

quired for the properties to be determined as within an HPD In the 

event that such owner srefuses or declines to or otherwise does not 

give written consent to the proposed determination as anHPD upon the 

applicant sapplication the Commission shall schedule a public hear 

ing onthe question ofthe 

proposed determination 

i NoticeProcedures for Public Hearing 

1 Notice ofthe public hearing shall be madein accordance with 

Lakewood Codified Ordinances no less than seven 7 days be 

fore the heazing said notice shall state the time place and pur 

pose of the hearing in accordance with Chapter 107 Publica 

lionofLegal Notices of the Ordinances 

20 

t

2 No less than seven 7 days prior to a 

public hearing the 

Commission additionally shall give written notice of a public 

hearing stating the time place and purpose to all owners and 

residents of property in and withintwo hundred 200 feet of 

the property for whicheither an HPD or an HP designation is 

requested 

j The Commissionshall give dne consideration to theadvice ofthe Herr 

tage Advisory Boazd such consents to determination and comments as 

have been filed with it and the views as may have been expressed by 

personsparticipating in the hearing before the Commission as well as 

any otherrelevant information brought before the Commission in mak 

ing its decision with respect to the proposed determination ofeach HPD 

or HP by a majority vote ofits members The Commission shall con 

sider any substantial religious burden statement submitted by a religious 

institution objecting to a designation as imposing a substantial burden 

on 

religious exercise 

k 

The application for historic determination and all accompanying sub 

missions shall be reviewed and studied by the Commission prior to its 

recommendation 

The Commission shall determine by majority vote 

said azea place site building s public interior portions ofa building 

structure sworks ofart andother objects as anHPD or HP Regazd 

less of any currentNational Register ofHistoric Places status anHPD 

or HPmust be locally determined by the Commission for this Chapter 

to apply 

1 The Commission may approve by majority vote specific azchitectural 

guidelines for a created district or a specific Historic property The 

Commission shall schedule a public heazing on the quesfion of pro 

posed design guidelines If specific azchitectural guidelines are not cre 

ated the Secretary of the Interior sStandards for Rehabilitation shall 

apply to anHPD orHP for ArchitecturalBoazdofReview purposes 

m 

Applications which have been denied by the Commission may 

be re 

submitted within ten10 days if a request is made in writing by the 

applicant setting forth the grounds thereof Ifthe Commission deter 

minesby vote that valid grounds have been submitted a reheazing shall 

be granted Ifthe request is not made withinten 10 days from date of 

ruling no application onthe same appeal maybe made to the Commis 

sionfor a period ofsix6 months from the date the original application 

was denied The filing of an application 

for a rehearing shall not be 

deemed to extend the time permitted by lawfor the filing of an appeal 

to theCourts 

1134 04 LOCATION OFAN HPD ORHP 

Location ofan I3PD orHP is limited to the Cl Commercial Office C2 Commer 

cial Retail C3 Commercial General Business C4 Commercial Public School 

Districts RIH Single Family high density R1M Single Family medium den 

sity R1L Single Family low density R2 Single and Two Family L Lagoon 

MHMultiple Family high density and ML Multiple Family low density Resi 

dential Districts 

zi

1134 0 PERMITTED ACCESSORY USES 

Permitted accessory usesin an HPD shall be those uses listed as accessory in the 

underlying base zone 

1134 06 PROCEDURES FORTHE REVIEW OFPROPOSED 

ALTERATIONS DEMOLITION ANDNER CON 

STRUCTIONANDFORISST7ANCE OFAPPROiTA T 

PROCEED RITH WORK CERTIFICATE OFAPPRO 

PRIATENESS 

a 

No person shall make any alteration or demolition with respect to any 

property designated historic thatis situated in a determined HPD or has 

been determined an HPunless a Certificate of Appropriateness has been 

previously issued with respect to such properly With respect to any 

such alteration or 

demolition the owner of a property shall first apply 

for and secure a Certificate ofAppropriateness from the Architectural 

Board of Review In addition any improvements or changes under 

taken within publicrights of way within anHPD also require a Certifi 

cate ofAppropriateness from theArchitectural Board ofReview 

b 

Unless the Commission has previously approved Unique Historic 

Guidelines when considering anapplication for a Certificate ofAppro 

priateness the Architectural Board ofReview shall determine whether 

the proposed construction reconstruction alteration or demolifion is 

appropriate orwhether ithas an adverseaffect upon the purposes ofthis 

Chapter and shall refer to the Secretary ofthe Interior sStandards for 

Rehabilitation as amended from time to time and which onthe date of 

the 

adoption ofthis Chapter are as follows 

1 A property shall be used for its historic purpose or placed in a 

new use that requires minimal change to the defming charac 

teristics ofthe building and its siteand environment 

2 The historic character of a property shall be retained and pre 

served The removal of historic materials or alteration offea 

tures and spaces that chazacterize a 

property shall be avoided 

3 Each property shall be recognized as a physical 

record ofits 

time place and use Changes that create a false sense ofhis 

torical development such as adding conjectural features or az 

chitectural elements from other buildings shall not be under 

taken 

4 Most properties change over time those changes thathave ac 

quired historic significance in their own 

right shall be retained 

andpreserved 

5 Distinctive features finishes and construction techniques or 

examples of craftsmanship that chazacterize an HP shall be 

preserved 

6 Deteriorated historic features shall be repaired rather than re 

placed Where the severity of deterioration requres replace 

ment ofadistinctive feature the new feature shall match the 

22 

fi

old in design color texture and other visual qualities and 

where possible materials Replacement of missing features 

shall be substantiated or 

by documentary physical pictorial 

evidence 

7 Chemical or physical treatments such as sandblasting that 

cause damage to the historic materials and stmctures if appro 

priate shall beundertaken using the gentlest meanspossible 

8 Significant archeological resources affected by a project shall 

be protected and If such 

preserved resources must be dis 

turbed mitigation measures shall beundertaken 

9 New additions exterior alterations or related new construction 

shall not destroy historic materials that characterize the prop 

erty The new work shall be differentiated from the old and 

shall be compatible with the massing size scale and azchitec 

tural features to protect the historic integrity ofthe property 

andits environment 

10 

New additions and adjacentorrelated new construction shall 

be undertaken in such amaaner thatifremoved in the future 

theessential form andenvironment would be unimpaired 

c 

d 

e 

In the case of azcheological properties the Architectural Board ofRe 

view shall refer to the Advisory Council on Historic Preservation 

Treatment ofArcheological Properties AHandbook or successor pub 

lication s 

Approval NotSelf executing Where the Commission has Issued 

Unique Historic Guidelines when Unique Historic Guidelines have 

been established iftheproposed construction reconstruction alteration 

or demolition is determined to have no adverse effect on the HPD orthe 

HP and does not violate the spirit and purpose of these preservation 

regulations then the Architectural Boazd of Review shall approve the 

Certificate of Appropriateness subject to afinal additional review by 


Denial Ifthe Architectural Board of Review determines that the pro 

posed constmction reconstruction alterationor demolition willhave an 

adverse effect on theHPDor HP anddoes violatethe spirit and purpose 

ofthese preservation regulations 

then the Architectural Review Boazd 

shall deny the Certificate of Appropriateness 

f Notice of Denial to Applicant In the event that the Archtectural 

Board ofReview denies an application 

for a Certificate ofAppropriate 

ness the Secretary oftheArchitectural Boazd ofReviewshall forthwith 

notify the applicant of such determination in writing and transmit to 

him her a copy ofthe reasons for denial and recommendations if any 

ofthe ArchitecturalBoardofReview 

g 

Effect ofDenial Upon denying an application for a Certificate of Ap 

propriateness the Architectural BoardofReview shall impose a waiting 

period to not exceed thirty 30 days from the date of disapproval dur 

23 

J

ing which the applicant may develop a compromise proposal With re 

spect to an application involving a demolition the ArchitecturalBoard 

ofReview 

may at its discretion extend the aforementioned waiting pe 

riod amaximum of one1 year from the date of disapproval 

Ifboth 

parties accept a compromise proposal the Architectural Boazd ofRe 

viewmay henceforth approve afinal Certificate of Appropriateness un 

less Unique Historic Guidelines have been adopted by the Commission 

ahd pirtain in which case any compromise must also Be approved by 


h 

Negotiations During Waiting Period for Demolition In the case of a 

denial ofan 

application for a Certificate of Appropriateness 

for demoli 

tion 

1 The Architectural Boazd of Review along with the Director 

Commissioner members ofthe Heritage Advisory Board and 



party in an effortto finda means of preserving the property If 

the aforemenfioned do not agree on a means ofpreserving the 

property attheinitial meeting then they may continue to under 

take meaningful and continuing discussion with the purpose of 

finding amethod ofpieserving the property 



Review s denial ofthe applicafion will stand 

3 If after holding such good faith meetings in the waiting period 

as specified above the Duector determines in writing thatfaIl 

ure to approve an application for aCertificateofAppropriate 

ness will create asubstantial hardship to the applicant andthat 

such certificate may tie 

approved 

without substantial detriment 

to the public welfaze and without substantial derogation from 

the 

purposes of this Chapter then the Architectural Board of 

Review shall approve a Certificate ofAppropriateness for such 

proposed demolition 

i Negotiations During Waiting Period for Alteration In the case of 

denial of an application for a Certificate of Appropriateness 

struction reconstruction or alteration 

for con 

1 The Architectural Board of Review along with the Director 

Commissioner members of the Heritage Advisory Boazd and 



party ih an effortto find ameans of preserving 

the historic in 

tegrity ofthe property The aforementioned shall investigate 

the feasibility ofall means ofpreserving the historic integrity 

ofthedesignated property Ifthe aforementioned donot agree 

on a means ofpreserving the historic integrity ofthe property 

at the initial meeting then they may continue to undertake 

meaningful and 

continuing discussion ofthe purpose offind 

ing amethod ofsaving thehistoric integrity of the property 

za



Review sdenial ofthe applicationwill stand 

3 If after holding such good faith meetings in the waiting pe 

riod the Director determines in writing that failure to approve 

an application fora Geitificate of 

Appropriateness vriilcreate a 

substantial hazdship to the applicant and that such certificate 

may be approved without substantial detriment to the public 

welfaze and without substantial derogation from the purposes 

of this Chapter then the Architectural Boazd ofReview can 

approve aCertificate of Appropriateness for such proposed al 

teration 

j 

Alternative Summary Procedures Not Requiring Board or Com 

mission Action The Duector or his her designee may administra 

tively approve an application for a Certificate of Appropriateness for 

the following activities 

1 Repair or replacement of gutters and downspouts provided 

thereis no change inmaterial or location 

2 Exterior wall insulation provided the exterior holes are re 

paired with a matching material For vinyl or aluminum sid 

ing the necessary siding shall be removed prior 

to the work 

andthen reinstalled Insulation work that requires venting of 

any type that appears on the exterior of a structure requires a 

Certificate of Appropriateness 

3 Re roofing only with like material andifthe original style and 

shape ofthe roofis not altered 

4 Storm windows and storm doors provided that the items in 

stalled 

A 

B 

C 

does 

not significantly alter the visual effect ofthe 

opening 

is are compatible with the character ofthe building 

does donot require the removal of original windows 

and ordoors 

5 Repair ofthe surface ofdriveways pazking or loading 

walkways with like mateaal 

areas or 

k 

Summary Procedures Report The Director shall provide to the Ar 

chitecuiralBoard ofReview a summary ofthe Certificates of Appropri 

ateness for each administrative approval issued 

1 As long as the following activities do notresult in alteration tothelRD 

orHP they are approved 

zs 1

1 exterior andinterior painting and 

2 landscaping improvements referring only to the planting 

rangement of trees shrubs flowers andplants 

or az 

m 

Ifno action has been taken by the Architectural Review Board or the 

Director orhis her designee on an application for aCertificate ofAp 

propi iateness within sixty fi0nays after suchapplication has been re 

ceived by the Architectural Review Board the Certificate ofAppropri 

ateness shall be deemed issued 

1134 07 ECONOMIC I3ARDSIIIP APPLICATION FILEDAF 

TERDENIAL OFA CERTIFICATE OFAPPROPRI 

ATENESS 

a 

b 

An applicant who has been denied a Certificate of Appropriateness 

may within thirty 30 days ofthe denial apply for a finding 

of eco 

nomic hardship Such an application shall be made ona form prepared 

by the Commission The Commission may holdapublic hearing on the 

hazdship application 

All ofthe following criteria shall be considered to determine the exis 

tence ofan economic hardship 

1 Denial ofa Certificate will result in a substantial reduction in 

the economic value ofthe property 

2 Denial of a Certificate will result in a substantial economic 

burden on the applicant because the applicant caanot reasona 

blymaintain the property in its current form 

3 No reasonable alternative exists consistent with the architec 

tural standazdsandguidelines for the property 

4 The owner has been unable to sell the property utilizing best 

efforts 

5 Previous alterations have interfered withthe 

azchitectural cha 

racter ofthe HPD or HP andthe character defming features to 

illustrate the style or type aze lost and to return the HPD or 

HP to its original chaacter is not reasonable 

6 Ifthe owner is anot for profit organization and it is finan 

cially or physically infeasible to achieve its charitable purpose 

while conforming to the pertinent azchitectural stanaards and 

guidelines 

7 A court of competent jurisdicfion has required the owner to 

abate any iolation of these ordinances within a time frame 

that does not comportwith the requirementsofthis Chapter 

c 

In considering an application for a finding of economic hardship the 

Commission may solicit expert testimony or request thatthe applicant 

submit evidence concerning property value cost estimates income ex 

z6

penses and or any other informationthattheCommission deems neces 

constitutes an 

sary to determine whether the denial ofthe application 

economic hardship The level ofdocumentation required may vary as is 

appropriate to each case The applicant may submit any personal or 

proprietary information to the staff oftheCity for a confidential review 

and suchinformation shall bereturned to the applicant and a summary 

or evaluation ofthe information shall be provided to the Commission 

withoutdisclosure ofthe specificpersoral or proprietary infoiniation 

d 

The Commission shall act upon an application for afording of eco 

nomic hazdship withina period not to exceed six6 months from the 

original date ofthe denial ofa Certificate of Appropriateness or two2 

months from the datethe Commission receives all requested supporting 

material whichever is later If no action has been taken by the Com 

mission within this period the applicafion shall bedeemed granted un 

less the time is extended upon by mutual agreement Upon 

an 

application the applicant shall be notified bymail 

the denialof 

1134 08 DEMOLITION ORREMOVAL OF STRUCTURESIN 

ANHPD ORANRP 

a 

Demolition or removal ofa principal structure on a commercial prop 

erty s in a designated HPD or HP shall comply with the regulations set 

forth withinthis Chapter 

and those in Section 1133 08 

b 

Demolition or removal of a principal structure on a residential prop 

erty s in a designated HPD or FIP shall comply with the regulations set 

forth withinthisChapter 

andthose in Section 1133 09 

1134 09 RESCISSION OF ADESIGNATION ORDETERMINA 

TION 

Notwithstanding any provision ofthis Chapter to the contrary the Commission 

may rescind the designation or determinafion of any area place building public 

interior portion of a building or structure work of art or other object as an HPD 

or HP by majority vote by finding of one or more ofthe followings a thatthe 

desTgnatadllPZ7 or IID does not meet the designation criteria or to protect the 

public interest in response to changed circumstances since the designation deci 

sion was madeb prejudicial procedural error inthe designation process or c 

professional or clerical error inthe designation This rescission act ofthe Com 

missionshall relievethe owner ofsuch property from any duties or penalties 

1134 10 EXCLUSIONS 

a 

ifthe forthwith demolition ofa structure is required by an action au 

thorized by the Public Safety Director oftle Ciy to protect the public 

health orsafety saidaction shall take precedence over the provisions of 

this Chapter 

li Nothing inthis Chapter shall be construed to prevent the correction of 

any deterioration or damage to an azea place buIlding public interior 

portion of a building structure work ofart or other object and restora 

bon to its condition prior to such deterioration or damage 

1134 

FEES 

z 

y

The fees for anHPD or HP application for aCertificate ofAppropriateness shall 

be pursuant to Section 1173 06 

1134 12 AFFII2MATIVEMAINTENANCE 

Every owner operator or agent of any property which has been determined 

IdPD ar IdP shall keep in good repair all ofthe exterior pox5ans and all interios 

portions thereof which ifnot so maintained may cause or tend to cause the exte 

rior portion or public interior portion of such azea place building or structure 

workof art or other object to deteriorate decay or become damaged or otherwise 

fall into a state of disrepair Every owner operator or agent of any property 

whichhas been determined HPD or HP shall further keep in good repair all por 

tions of any azea place building public interior portion ofa building stmcture 

work of art or other object which if not so maintained may cause or tend to 

cause such portions to deteriorate decay or become damaged or otherwise fall 

into astate of disrepair The repair and maintenance required by this sectionin 

cludes without limitation 

a 

b 

Developing and implementing a maintenance and monitoring plan for 

protecting each portion of any area place building public interior por 

tionofabuilding or structure work ofart or other object 

Stnicfurally stabIlizing each building or structure by taking all steps ne 

cessary to ensure 

1 the roofis watertight 

2 gutters areproperly pitched and cleared ofdebris 

3 downspoutjoints aze intact 

4 drains are unobstructed 

5 windows and door frames andwoodsiding are in good condition 

6 masonry walls are properlytuck pointed to keep out moisture 

7 the progeny is graded for proper waterrun off 

8 vegetation is cleared from azoundeach property and 

9 trash debris and hazazdous materials such as inflammable liquids 

poisons and paints are removed from the interiorofeach one1 of 

any area place building public interior portion of any buiiding 

structure workof art orother object onz continuous basis 

c 

d 

Exterminating or controlling pests including termites androdents 

Protecting of any azea place building public interior portion of a 

building structure work of art or other object from moisture penetra 

tion 

zs 

F

e 

Securing each vacant area place building public interior portion ofa 

building structure work of art or other object from vandalism and 

break insincluding without limitation 

1 

first floorwindows and doors must be secured 

2 plywood must be painted black orifthestructure is composed 

ofbr ck acolor 

compatible with fro colorofthe brick 

3 the method used to install the plywood may 

destruction ofthe opening covered and all sashes 

frames must be protected or stored for future use 

not result in the 

doors and 

4 battery operated intrusion alarms must be installed on the first 

floor of each portionoany azea place building public inte 

rior portion ofa building structure work of art or other ob 

ject 

5 battery operated smoke alarms must be installed on all floors 

of any azea place building public interior portion ofa build 

ing structure work ofart or other object 

6 adequate security lighting or fencing must be installedon each 

portion of any azea place building structure work of art or 

other object where deemed necessary by theCommissioner 

f Providing adequate ventilation to the interior ofeach vacant portion of 

any area place building public interior portion ofa building structure 

work ofart or other object 

g 

h 

Securing or modifying utilities andmechanical systems for each portion 

of any azea place building public interior portion ofa building struc 

ture work ofart or other object 

Taking such other steps deemed necessary by the Commissioner 

1134 13 PENALTY 

Any person violating the provisions of this Chapter shall be fined not less than 

ten dollars10 00 nor more than five hundred dollars500 

for each of 

fense and a sepazate offense is deemed committed each day during which an of 

fense continues 

1134 14 SEVERABILITY 

Should any prevision ofthis Chapter be declared by the courts to be unconstitu 

tionalor invalid such decision shall not affect the validity ofthis Chapter as a 

whole or any part thereof other than the part go declared to be unconstitutional 

orinvalid 

Section 2 That it is found and determined that all formal actions of this Council 

concerning and relating to the passage of this ordinance were adopted in an open 

meeting of this Council and that all such deliberations of this Council and of any of its 

29 r 

J

committees that resulted in such formal action were in meetings open to the public in 

compliance with all legal requirements 

Adopted 

PRESIDENT 

CLERK 

Approved 

MAYOR 

30 

f

i 

a 

IQCC 

airNthi reserr ar il 

I Cf i ittd t ft1 r I 

ORDINANCE N0 

BY 

O12 

aptiQn 1i 20 

cc Rr sm nc c1 

AN ORDINANCE to take effect immediately provided it receives the affirmative 

vote of at least five 5 members elected to Council otherwise it shall take effect and 

or his 

be in farce after the earliest period allowed by law authorizing the Mayor 

designee for and on behalf of the City of Lakewood to enter into an amended 

agreement with the Cuyahoga County Board of County Commissioners Department of 

Senior Adult Services to provide home delivered meals homemaker services 

personal care services and medical transportation services under the Cuyahoga County 

Options for Elders Program that will extend the current agreement through June 30 

2010 

WHEREAS the Cuyahoga County Board of County 

Commissioners is 

administering a program of grants under the Cuyahoga County Options far Elders 

Program whereby this City may obtain funds to provide programs for persons 60 years 

of age or older and 

WHEREAS this Council by a vote of at least five 5 members elected thereto 

determines that this ordinance is an emergency measure and that this resolution shall 

take effect at the earliestdate possible as set forth in ARTICLE IIT SECTONS 10 and 13 

of the SECOND AMENDED 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 operation of munidpal departments in that the signed 

contract must be submitted to the Cuyahoga County Board of County Commissioners 

prior to the November I9 2009 meeting Now Therefore 

BE R RESOLVED BY THE CITY OF LAKEWOOD 

STATE OF OHIO 

Section 1 That the Mayor or his designee for and on behalf of the City of 

Lakewood is hereby authorized and directed to enter into an amended contract with 

ueCu oho a QLEn CCmm SSl0nei5 riuViding poi ua umot y 

f i 

Y 9 y Board of County fot 

City s program under Cuyahoga County Options for Elders Program 

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

concerning and relating to the passage of this Ordinance were adopted in an open 

meeting of this Council and that all such deliberations of this Council and of any of its 

committees that resulted in such formal action were in meetings open to the public in 

compliance with alllegal 

requirements

Section 3 That this resolution is hereby declared to be an emergency measure 

necessary for the immediate preservation of the public peace propeity heaith safety 

andwe fare in the City and for the usual daily operation ofthe City for the reasons set 

forth and defined in the preambleto this rescfutiort and prrvided it receives the 

affEi inativevote of atleastfive5 of its members elected to Gounc this resolution 

shall take effectand be in force immediately upon its adoption by the Council and 

approval by the Mayor otherwise it shall take effect and be in force after the earliest 

period alldwed by law 

Adopted 

PRESIDENT 

CLERK 

Approved 

MAYOR

CJlF 

L j Y i 

ORDINANCE N0 

r r 

BY 

vv i t Oro 

ii j0 

AN ORDINANCE to enter into an agreement with the District Advisory 

Council of Cuyahoga County Ohio General Health District for the provision of 

public health services within the City of Lakewood in an amount not to exceed 

Two hundrediyine Thoo and F3v2 Hundted Nicety Dollars 209 590 OOj fora 

one year period commencing January 1 2010 

v CC t 

WHEREAS the Cuyahoga County Board of Health has proposed providing 

public heath services for residents of the City of Lakewood at a per capita rate of 

370 and 

WHEREAS it is necessary to continue public health services to residents of the 

City of Lakewood through the District Advisory Council of Cuyahoga County Ohio 

General District Now Therefore 


Sectiori L That the Mayor on behalf of the City is hereby authorized 

to enter into an 

agreement with the District Advisory Council of Cuyahoga 

County Ohio General Health District for the provision ofi public health services 

within the City of Lakewood in an amount not to exceed Two Hundred Nine 

Thousand Five Hundred Ninety Dollars209 

590 00 for a one year period 

commencing Januaryl ZO10 pursuant to the authority granted in Section 

3709 07 of the Ohio Revised Code 


concerning and relating to the passage of this ordinance were adopted in an open 

meeting of this Council and that alsuch deliberations of this Council and of any of its 

committeesthat resulted in such formal action were in meetings open to the public in 


Adopted 

PRESIDENT 

CLERK 

Approved 

MAYOR

ItYf 

F 

E Syri xF 

iceLt iLG itE i1LL i 

r 

l P 

ORDINANCE NO 

BY 

T 

AN ORDINANCE to take effect immediately provided it receives the 

affirmative vote of at IeaSt fve5 members elected td Council otherwise it shall 

take effect and be in force after the earliest period allowed by law authorizing 

the Director of Finance to sell through trade in 127 weapons and accessories 

having an estimated value of 40 000 in conjunction with the purchase of new 

state of the artweapons for the Lakewood Division of Police 

WHEREAS it is in the best interest of the City to sell through trade in 

existing weapons 

WHEREAS this Council by an affirmative vote of at least five5 members 

elected thereto determines that this ordinance is an emergency measure and 

that this ordinance shall take effect at the earliest date possible as set forth in 

ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE 

CITY OF LAKEWOOD and that it provides for the usual daily operation of 

municipal departments in that it is in the best interest of the City to sell obsolete 

equipment in a timely manner due to lack of physical storage at City Hall and 

delivery of new equipment Now therefore 


Section 1 That theDirector of Fihan e be and she is hereby authorized 

to sell through trade in 127 weapons and accessories having an estimated 

value of 40 000 ih conjunction with the of new 

purchase 

state of the art 

weapons for use by the Lakewood Division of Police 

Section 2 

It is found and determined that all formal actions of this 

Council concerning and relating to the passage of this ordinance were adopted in 

an open meeting of this Council and that all such deliberations of this Council 

and of any of its committees that resulted in such formal action were in 

meetings open to the public in compliance with all legal requirements 

Section 3 This ordinance is hereby declared to be an emergency 

measure necessary for the daily operation of municipal departments in the City 

for the reasons set forth in the preamble to this ordinance and provided it 

received the affirmative vote of at least five 5 of its members elected to 

s at d i rt a 1F rrp mP pl i nvr its 

IVUIICI uilCirwuan Ceshad LQeCllelGnu 

t 

i i iu v i Y 

U

adoption by the Council and approval by the Mayor otherwise it shall take effect 

and be in force after the earliest period allowed by law 

Adopted 

President of Council 

Clerk of Council 

Approved 

Mayor 

41

3 

I 

Oi MOM 

12650 DETROITAVENUE 44107216 529 6600 FAX216 529 5652 

WEBSITErwww 

onelakewood com 

ErJ vARLrI7ZG ERALD 

MAYOR 



Lakewood Ohio 

Re 

Prohibition on Residency 

Dear Members ofCouncil 

Iam submitting legislation for your consideration that will update Lakewood s 

local ordinanceprohibiting registered sex offenders from living within 1000 feet ofa 

school library park or municipally owned recreational facility to include preschools and 

daycares and to 

change the classification ofthose effected bythe prohibition from 

sexual predator to TierIII sex offender pursuant to changes in the state code These 

changes are necessary in order for our local ordinance to be consistent with recent state 

statutory amendments 

Please consider suspending the ru esto adoptthis legislation this evening in order 

to allowthe City of Lakewood Division ofPolice and Law Department to enforce these 

provisions 

Very truly yours 

Gyp 

Edward FitzGeral

ORDINANCE NO 86 09 BY 


affirmative vote of at least five 5 members elected to Council otherwise it shall 

take effect and be in force after the earliest period allowed by law to amend 

Section 533 17 Prohibitions on Residency of the Codified Ordinances of the City 

of Lakewood to update and include changed designations under the 

State Code 

requirements for the registration of sex offenders 

WHEREAS at the time that Lakewood Codified Ordinance 533 17 was 

adopted by this Council the Ohio Revised Code classified individuals who are 

required to register under sexual offender registration and notification laws as 

sex offender habitual sex offender or sexual predator and 

WHEREAS the classifications of those who have committed sex offenses 

has been changed within the Ohio Revised Code to Tier 1 sex offender Tier II 

sex offender and Tier III sex offender and 

WHEREAS the Ohio General Assembly has adopted legislation that 

prohibits registered sex offenders from living within1000 feet of a preschool or 

daycare in addition to the prior existing prohibitions and 

WHEREAS this Council by avote of at least five 5 members elected 

thereto determines that this ordinance is an emergency measure and that this 

ordinance shall take effect at the earliest date possible as set forth in ARTICLE 

III SECTONS 10 and 13 of the SECOND AMENDED 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 operation of 

municipal departments in that it is imperative to the enforcement of Lakewood s 

local code to update these references so that they match designations contained 

in the Ohio Revised Code Now therefore 


Section 1 That Section 533 17 Prohibitions on Residency ofthe 

Codified Ordinances of the City of Lakewood currently reading as follows

533 17 PROHIBITIONS ON RESIDENCY 

a It is unlawful for any person who is required to register as a 

sexually oriented offender under Ohio RC 2950 04 and classified as a 

sexual predator or whose conviction was of achild victim oriented 

offense as those terms are defined by OhioRC 2950 

one thousand YOr 0 feet of a 5chooi library park dr municipally owned 

recreation facility 

01 to reside within 

b Any person who violates this section is guilty of a 

misdemeanor in the firsf degree 

c This section applies to any person registering on or after the 

effective date of this legislation 

shall be and is hereby amended to read as follows 

533 17 PROHIBITIONS ON RESIDENCY 

a It is unlawful for any person who is required to register as a 

sexually oriented offender under Ohio RC 2950 04 and classified as a 

TierIII sex offender or whose conviction was of achild victim 

oriented offense as those terms are defined by OhioRC 2950 01to 

reside within one thousand1000 feet of a school preschool Child 

day care library park or municipally owned recreation facility 

b Any person who violates this section is guilty of a 

misdemeanor in the first degree 

jc This section applies to any person registering on or after the 

effective date of this legislation 

Section 2 

That this ordinance is hereby declared to be an emergency 

measure necessary for the immediate preservation of the public peace property 

health safety and welfare ih the City and for the usual daily operation ofthe City for 

the reascnS Set fOiih anddc Ined In rile preamble t0 thiS ordinance and prOVided It 

receives the affirmative vote ofat least five5 of its members elected to Council this 

ordinance shall take effect and be in force immediately upon its adoption by the Council 

and approval by the Mayor otherwise it shall take effect and be in force after the 

earliest period allowed by law 

s

Section 3 

It is found and determined that all formal actions of this 

Council concerning and relating to the passage of this ordinance were adopted in 

an open meeting of this Council and that all such deliberations ofthis Council 

and of ahy of its committees that resulted in such formal action were in meetings 

open to the public in compliance with all legal requirements 

Adopted 

PRESIDENT 

CLERK 

Approved 

MAYOR

Il j 

oj 

52650 DETROIT AVENUE 44107216 529 6092 FAX216 529 6806 

Jennifer R Pae 

Director of Rnance 



Re 2010 Budget Ordinances 

Deaz Members ofCouncil 

The following sixordinances reflectappropriations purchasing and contracting authority and 

revenues 

necessary for the 2010 budget They support the contents ofthe2010 Esfimate of 

Expense document that was submitted onNovember 11 2009 and include the 

2010 Permanent Appropriation Ordinance 

2010 Purchasing and Contracting Authority 

2010 Planning Development Program Authority 

2010 Membership Ordinance 

2010 Water Rates 

2010 Sewer Rates 

Please referthe attached legislation to the Committee of the Whole for furtherreview for passage 

before December 31 2009 

Respectfully 

Jennifer R Pae 

Director ofFinance 

i

ORDINANGE NO 80 09 BY 

AN ORDINANCE to take effect immediately provided it receives the affirmative 

vote of at least five 5 members elected to Council otherwise it shall take effect 

and be in force after the earliest period allowed by law to establish 

appropriations for current expenses and other expenditures of the City of 

Lakewood State of Ohio for the fiscal year ending December 31 2010 

WHEREAS this Council by a vote of at least five members elected thereto 

determines that this ordihance is an emergency measure and that this ordinance 

shall take effect at the earliest date possible as set forth in ARTICLE III 

SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF 

LAKEWOOD and that it is necessary to provide for the usual daily operation of 

the City in that thb City must record all financial transactions within the 

appropriate fiscal period Now therefore 

BE 1T ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO 

Section 1 That to provide for the persdnal services and other appropriations 

of the City of Lakewood for the fiscal year ending December 31 2010 the sums 

summarized on the attached Exhibit A incorporated herein by reference are 

hereby appropriated and authorized for encumbrance and or expenditure as 

provided herein 

Section 2 That further all existing encumbrances in all funds of the City of 

Lakewood shall be carried forward The approval of the Municipal Court Budget 

includes approval of any amendment to the salaries of the Clerk of Court and the 

Probation Officer in accordance with Sections 1901 31 and 1901 33 of the Ohio 

Revised Code 

Section 3 That ail expenditures hereinbefore authorized and to the amount 

authorized shall be made in accordance with the line items of Exhibit B as 

adopted by the Council of the City of Lakewood and made a part hereof and that 

any disbursements within any line item set forth in Exhibit B may be paid out of 

the appropriation

Section 4 That any amount encumbered in a year prior to fiscal year 2010in 

any and alliund of the City of Lakewood are hereby appropriated for the 

purpose of expenditure in 2009 or thereafter 

Section 5 That the Director of Finance be and is hereby authorized to draw 

checks upon the Gity depository sfor the amounts appropriated in this ordinance 

whenever claims are presented properly approved by the head of the 

department for which the indebtedness is incurred 

Section 6 That this ordinance is hereby declared to be an emergency 

measure necessary to provide for the usual daily operatioh of the Gity for the 

reasons set forth and defined in the preamble to this ordinance and provided it 

receives the affirmative vote of at least five of its members elected to Couhcil 

this ordinance shall take effect and be in force immediately upon its adoption by 

the Council and approval by the Mayor otherwise it shall take effect and be in 

force after the earliest period allowed by law 


concerning and relating to the passage of this ordinance were adopted in an 

open meeting of this Council and of any of its committees that resulted in such 

formal actions were in meetings open to the public in compliance with all legal 

requirements 

Adopted 

President of Council 


Approved 

Mayor

CityofLakewood 

010 Appropriations 

Exhibit A 

Fund 

2010 

Appropriations 

General Fund 

33 765 564 

Special Revenue Funds 

5are gfiway smprcvement Fund 

4G 

Street ConsL Maint Repair Fund 1826 022 

Litter Control Grant fund 

8000 

Community Festival Fund 

8370 

Police Pension Fund 1497 270 

Firemen s Pension Fund 

1553 901 

Law EnforcementTrustFUnd 

196 331 

Federal Forfeiture Fund 

7300 

Indigent Drivers AlcoholTreatment Fund 140 000 

Enforcement Education Fund 67 000 

PoliticalSubdivision Fund 12 000 

Computer Maintenance Fund 

60 000 

Court Special Projects Fund 

205 453 

Court Probation Services Fund 

55 635 

Indigent Drivers Interlock Alcohol Monitoring Fund 7000 

Community Development Block Grant Fund 3422 552 

Emergency Shelter Grant Fund 106 001 

HOME Investment Partnerships Program Fund 986 807 

Neighborhood Stabilization Funtl 

1346 627 

Energy Efficiency Block Grant 

360 555 

Homeless Prevention and Rapid Rehousing 900 906 

Office onAgingIIIB Fund 1352 134 

Lakewood Hospital SR Fund 2092 912 

Help To Others Fund 

42 331 

Byrne Memorial Grant Fund 

171 482 

Juvenile Diversion Program Fund 

17 400 

FEMA Fund 

119 634 

Family to Family Fund 351 340 

Total Special Revenue Funds 17 054 960 

Bond Retirement Fund 13 735 853 

TIF Bond Retirement Fund 498 293 

TotaIDebt Service Funds 

234 145 

Capital ImprovementFund 

100 000 

Land Acquisition Fund 150 000 

City Park Improvement Fund 70 000 

TIF Capital Improvement Fund 

221 334 

Total CapitalProjects Funds 

1541 334 

Water Operating Fund 

10 652 391 

WastewaterCollection Fund 

3225 499 

WastewaterTreatment Fund 

3088 

Wastewater Improvement Fund 2047 325 

Parking Facilities Fuhd 

401 612 

WinterhurstIce Rink 472 334 

Total Enterprise Funds 19 887 249 

Hospdalization Fund 

4868 200 

Workers Compensation 615 659 

Total Internal Service Funds 9 5483 859 

TOTALS 91 967 411 

d

Citt of Iakewood 

2010 Appropdatiou 

ExLibitB 

General Funtl 

December 

20 10 Appropriaton 

GeneralGovemmem 

n40Q1 

Personal Services 

Ocher 

Dvson Total 

MunicipalCOVR 


ONer 

Diwsion Total 

Civil Service 


Other 

Drvislon Total 

MayoYS Office 


Olher 

DrvisonTotal 

145214 

9773 

t54 988 

1p30 597 

157 050 

1 187 649 

70 398 

48184 

18581 

210 604 

10 250 

221 053 

Human Resrouices 


Other 205 62 

41 846 

Division Total 247 608 

Community Relafipns 

PersonalServices 

Other 86 427 

21252 

Division Total 

107 679 

Finance lJepatlmen 


Other 


Incrome Tax 


Other 

Dimvon Total 

Information Systems 


Other 


GeneralAtlministratior 


Other 

Division total 

LawDepaMmeat 


Other 

Dimson Total 

Planning Development 


Other 

DwisionTotal 

487 136 

69740 

556 878 

415 903 

661 846 

t W7749 

318 402 

317 286 

635 687 

200 221 

1 675 708 

1 875 929 

437 373 

121 079 

558 452 

188 412 

55 667 

243 979 

d X 

Page 1 of 0

Cn ofIal ewoorl 

2010 Appropnatiovs 

EzAibrtH 

Decerqber 

2010 Appropriaton 

Public Safety 

Police Caw Enforcement 


DivisioeTO al 

Police FieCommmigtions Dispatch 


Other 


Support ofPoSOners 


Other 


Animal Control 


Other 

DivisionTotal 

SchoolGuartls 


Other 

DivisionTotal 

Firefighting Prevention 8lnspedior 


Other 


Builtling 8Housing 

PersanalServices 

Other 


666 250 

24 619 

16 6se 

237 622 

310 

548 393 

166 61 

16 252 

182 869 

183 0 

444 

183 514 

6286 56 

31 15 

603 914 

913 347 

129 842 

1043 190 

J 

Paget ofl0

Cirv ofLakewood 

ZO10 AyproPnzcimu 

ExLibitB 

December 

2010 Appropriatbn 

Public Works 

Public Works Atlministration 


145 907 

other 

DDs 

DivisionToial 

152 916 

Street LighGhg 

Other 

525 

DivisionTotal 

430 

525 430 

Parks8 PublicProperty 


137 390 

other 

266 228 


1 X97619 

Builtlings Faolih es 

Personal Servces 

zss o5 

Other 

Dm sion Total 

256 954 

516 029 

BantlConcerts 


ONer 

17 786 

16 884 

DrvlsonTotal 

286D 

Museums 

Other 

10 529 


10 526 

July4th Fastival 


77 6D3 

Other 

3282 


44475 

Tennis Courts 

Other 

16320 

Dimson Total 

76320 

Forestry 


Other 

344 65 

73 089 

Damson Total 

41 56 

Refuse8Recyo ing 


274 31 

Other 

t W3367 


3348773 

Fleet Management 


Other 

818 287 

480462 


1298969 

Engineering 


Other 

294 148 


353 025 

J 

Paso3or D

CiryoLakeurood 


SbixB 

December 


Human Services 

Human ServiresAtlminis rafior 

PersonalSeMCes 

Other 


EarlyChildhootl 


Other 

Dvision Total 

YOI lISEMceS 


other 

DivisionTotal 

Total Gene21 Funtl 


Other 

Totals 

54 592 

2866 

5461 

291 138 

20203 

311 341 

26 482A96 

283 369 

33 66 864 

J 

Page 4 of 10

Gt ofLakewood 

2010 Aparopriaxions 

Exhbix B 

Special Revenue Funtls 

State Highway Improvement Func 

Other 

DivisionTotal 

FuntlTotal 

Street Const Main ReyairFuntl 

PersoNai8erv7cbs 

Other 

DivisionTotal 

FuntlTotal 

Litter Control Grant Funtl 

Other 

DivisionTotal 

Funtl Total 

CommunityFestival Funtl 

Personal Seivices 

Other 

December 

2010Appropriaton 

140 000 

140 000 

14D OD0 

103Qi76 

736 845 

1826 022 

1826 022 

8000 

8000 

eDOD 

6370 


Funtl Total 

830 

Police Pension Funtl 

Perscnal Services 

Other 

DivisionTotal 

Funtl Total 

293 962 

203 308 

1 497 270 

1491 270 

Firemen Pension Funtl 


1335 409 

Other 218 492 


1553 

Funtl Total 

8D1 

1663 901 

Law EMOrcementTrusf Fund 


26 113 

Other 

i7o z1e 

Division TOtal 196 331 

FuntlTotal 

196 331 

Fetlerai Forteiture Funtl 


Other 

300 


Fund Total 

3D0 

Intligent Drivers Alcohol Treatmerrt Funr 


Other 


140 000 

140 000 

Funtl Total 140 OD0 

s 

it 

Pege 5of 10

Cinolal ewood 


ExhibitH 

December 

201oAppropriaton 

Enforcement 


Other 

DivisionTotal 

FundTotal 

Etlucation Fund 

67 000 

6000 

61 000 

Polif calSundivision Fund 


Other 

DivisionTotal 

FundTotal 

12 000 

12 D3o 

t2 99a 

Computer Maintenance Fund 


Other 60 000 

DivisionTotal 60 000 

Funtl Total 60 000 

CourtSpecial ProjectsFuntl 

Personal Services 51 853 

Other 153 500 

DivisionTotal 205 455 

FundTotal 206 453 

CourtProbation Services Fund 


Other 21000 


FuntlTotal 65 635 

Intligent Drivers Interlockantl Alcohol Monitoring Funs 


OtM1er 000 

DivisiohTOlal 7000 

Funtltotal 7000 

Community Development BlockGranl 


ONer 2701 912 

pivision Tatzl 3422 552 


Emergency ShelterGanf Fund 


Other 79 909 


Funtl Tofal 106 001 

HOME Investment Partnen hips Program Funt 


Other 966 807 

Divisioniota 

986E07 


Neighborhootl Stabilization Fund 


Other 1220 625 

bivisionTotal 1346 627 

Fund Total 1346 627 

Energy ETFCiencyBlock Grant 


Other 327 460 


Fund Total 360 555 

Homeless Preventionand RapidRehouslnc 


Other 95 906 



Office on 

Aging Funtl 


Other 14 824 



Pase 6 of

GmofLakewood 

2010 Appropriztions 

ErhibitB 

Lakewootl Hospital6RFuntl 

EMS 

December 



1534 708 

Other 169 368 

Division Total tOq 0 r 


Other 

230 922 


388 835 

Funtl TOfal 2092 912 

Little links Funtl 


Olher 


Fund TOtal 

eyme Memorial Gent Funtl 


25 000 

Other 148 482 

Division TOtal 

try qgp 

FuntlTotal 

1t qgp 

HelpToOthers Funtl 


Other 


FuntlTotal 

36 466 

5865 

42 331 

pp331 

Family Child DayCare Home Project Fund 


Other 


Fund Totai 

Juvenile Diversion Program Func 

Personal Servires 

Other 


Funtl Total 

17 400 

17 400 

17 400 

FEMA Funtl 


Other 119 634 



Family to Family Funtl 


260 948 

Other 90 392 

Division Tatat 

351 34D 

Funtl TOWI 351 340 

Total Special Revenue Funtls 


BD66 9T0 

Other 8967 990 

Totals 

IIp54 96D 

J 

Pagel of lD

I 

I 

CmoIakewood 


Exi ibirB 

December 

2910 Appropriafon 

Deb Service Funtls 

SontlRe4remem Funtl 


Other 

13 35853 

1I 

Di icon TOtal 

13735853 

LL 

Fund TaYai a75ouN 

1 

TIF Bond Retirement Funtl 


Other 

Division Tofal 

FuntlTotal 

498 293 

498 293 

498 293 

Total Debt Service Funds 


Other 

Totals 

234 145 

234 t45 

Capial Projects Funda 

Capital Improvement Funtl 


Other 


Funtl Total 

Lantl AcquisRion Func 


Other 

Division Tbtel 

Funtl 7ota1 

City ParkImprovement Funtl 


Other 


Funtl Total 

TIF Cap@al Improvement Funtl 


Other 


Funtl Total 

Total Caphel Improvemem Funtls 


Other 

Totals 

100 000 

100 000 

1DO ooo 

15Q000 

tso ooo 

15o o9D 

7o ooD 

70 000 

70 000 

221 334 

221 334 

221 334 

1S4t 336 

1541 334 

Y ny 

Jr 

Paga s ofto

Ciry of Lakewood 

2010 Aopropnationi 

ExhibicB 

December 


Enterprise Funtls 

Water Operating Funtl 

WaterAtlminist2tior 


229 671 

Other 

Dvsron TU2ai 2167 632 

387 OB 

WaterDishibution 


Other 

Division TOlal 

Wafer MeteMg 

Personal Semites 

Other 


Funtl Total 

519 529 

148135 

7667 664 

433 321 

153 702 

587 023 

t0 652 391 

Wastewater CollectionFuntl 


Other 811 309 

2314190 

Dvison Total 

3225 

Funtl Total 

499 

3225 499 

Wastewater TreatmemFuntl 

personal Services 

Other 


FuntlTO al 

WastewaterimprovementFUn 


Other 

Division TOtal 

FuntlTo al 

1729 133 

1 366 955 

3088066 

3O86 088 

204 325 

2047 325 

2 D67 325 

Parking Fadlkies Funtl 


Other 


FuntlTotal 

Winterhurst Ice Rink Func 


Other 


FuntlTo al 

193 42 

206 140 

4Dt 612 

401 612 

472 334 

42334 

42 334 

Total Enterprise Funtls 


Other 4006 635 

16878 613 

Totals t9 867 248 

Payre 9 of10 

J c5

Cim ofLakewood 


ExbibitB 

December 


Intemai ServicesFunds 

Hospitalimtion Funtl 


Other 

0ivision Total 

rurd Taal 

Workers 

COmpensation FUnd 


Other 

Division Tolal 

FuntlTotal 

4e1s 7oo 

52 500 

4868 200 

A866 20u 

463 059 

tazsoo 

615 659 

615 659 

Total lntemal Service Funtl 


Other 

Totals 

FUND TOTALS 

6298 759 

1aa lno 

5483 859 

91 967 411 

Paee 10 of 10 

J


AN ORDINANCE to takeeffect immediately provided it receives the affirmative vote of 

at least five 5 members electedto Council otherwise it shall take effect and be in force after the 

eazliest period allowed by law authorizing the Mayor Director of Public Safety the Director of 

Public Works the Director of Law the Director of Finance and or the Purchasing Manager to 

enterinto service contracts in accordance with the Administrative Code ofthe City ofLakewood 

for the Division of Planning Development in accordance withthe Administrative Code ofthe 

City of Lakewood contracts not to exceed the specified amounts shown without separate 

resolution ofCouncil 


determines that this ordinance is an emergency measure and that this ordinance shall take effect 

atthe earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 ofthe SECOND 

AMMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is necessary to provide 

for the usual dailq operafion of municipal departments in that delay could impair the City s 

ability to provide necessary services in a timely manner Now therefore 

BE IT ORDAINED BY THE CITY OFLAKEWOOD STATE OF OHIO 

Section 1 That the Mayor Directorof Public Safety theDirector ofPublic Works the 

Director ofLaw the Director of Finance and or the Purchasing Manager is hereby authorized 

and directed to enter into contracts in accordance with the Administrative Code of the City of 

Lakewood for the Division of Planning Development contracts not to exceed the specified 

amounts 

shown except as hereinafter provided 

Service Contracts 

54 300 000 

Beck Center Art Education Scholarships 

Camp Can Do 

Cleveland Mediation Center Homeless Prevention 

Cleveland Restoration Society 

DVCShelter Services 

EarlyChilcL ood Scholarships 

Fair Housing 

HOME Investment Program 

Homeless Prevention and RapidRe housing 

lob Creation Program 

Lakewood Alive Housing Outreach 

Lakewood Alive Technical Assistance to Business 

Lakewood Christian Service Center Homeless Prevention 

and Rent 

Utilities 

LakeW6Gd Cb12Stian SeiVlce 

Ce nqter 

it s 

SuppoitiVe Housing

Lakewood Foundation Rent 

Lead Programs 

Leaf Snow Removal 

LMI Housing Rehab Loans 

Loan Service Fees 

Madison Park Improvements 

Mental Health Sercdces 

NCHM Medical Assistance 

Utilities Assistance 

Neighborhood Stabilization Acquisition Demolition 

Rehabilitation Program 

Operation Paintbrush 

Purchase Revitalization Program 

RTA Shelter Design 

Section 108 YMCA 

Store Front Renovation 

YHaven Shelter Services 

Section 2 That the Mayor Director ofPublic Safety the Director of Public Works the 

Director of Law the Director of Finance and or the Purchasing Manager is hereby authorized 

and directed to enter into contracts as set forth above in amounts not to exceed the specified 

amounts without further action from Council and to enter into contracts in excess of specified 

amounts only upon consent of Council evidenced by adoption of a resolution specifying the 

authorized amount 

Section 3 It is found and determined that all formal actions ofthis Council concerning 

and relating to the passage of this ordinance were adopted in an open meeting of this Council 

and that all such deliberations ofthis Council and of any of its committees that resulted in such 

formal action were in meetings open to the public in compliance with all legal requirements 

Section 4 That this ordinance is hereby declazed to be an emergency measure necessary 

for the usual daily operation ofthe City for the reasons set forth and defined in the preamble to 

this ordinance and provided it receives the affirmative vote of at least five 5 of its members 

elected to 

Council this ordinance shall take effect and be in force immediately upon its adoption 

by the Council and approval by the Mayor otherwise it shall take effect andbe in force after the 

earliest period allowed bylaw 

Adopted 

President 

Clerk 

Approved 

Mayor


AN ORDINANCE to take effect immediatelyprovided itreceives the affirmative vote ofat least 

five 5 members elected to Council otherwise it shall take effect and be in force after the 

earliest period allowed by law authorizing the Mayor Director of Public Safety the Director of 

Public Works the Director of Law the Director of Finance and or the Purchasing Manager to 

enter into contracts for professional services and to advertise for bids and enterinto contracts for 

the purchase of repair maintenance and operating supplies services and equipment as authorized 

by the 2010 Appropriation Ordinance and theAdministrative Code ofthe City ofLakewood with 

the lowest and best bidder or bidders or as otherwise provided by law 

WHEREAS this Council desires to provide the authorization to the Mayor Director ofPublic 

Safety the Director of Public Works the Director ofLaw the Director of Finance and or the 

Purchasing Manager to enter into contracts for professional services and to advertise for bids and 

enter into contracts for the purchase ofrepair maintenance and operating supplies services and 

equipment as authorized by the 2010 Appropriation Ordinance and the Administrative Code of 

the City ofLakewoodwith the lowest and best bidder or bidders oras otherwise provided by law 

and 

WHEREAS this Council by a vote of at least five 5 members elected thereto determines that 

this ordinance is an emergency measure and that this ordinance shall take effect at the earliest 

date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMMENDED 

CHARTER OF THE CITY OF LAKEWOOD and that it is necessary to provide for the usual 

daily operation of municipal departments in that delay could impair the City sability to provide 

necessary services in a timelymanner now therefore 


Section1That the Mayor Director of Public Safety the Director ofPublic 

Works the Director of Law the Director ofFinance and or the Purchasing Manager be 

and are hereby authorized and directed to enter into a contract or contracts for supplies 

services and equipment with the lowest and best bidder or bidders or as otherwise 

provided by law as follows 

Professional services contracts included in the2010 Budget are as follows 

1 Legal Services 300 000 

2 Recodificafion of Ordinances 12 500 

3 Financial Audit 65 000 

4 Hospitalization and Health Care Benefit Consulting Services 45 000 

5 Consultantfor Workers Compensation40 000 

6 3C Si ifaiiageme uf Cons uiurtg 3eiViCPS ijvvv 

j

7 Healthcare Physicals Drug Alcohol Testing 20 000 

8 Employee Assistance Program 11 000 

9 Supervisor Manager Employee Training 75 000 

10 Exams for ClassifiedPositions 75 000 

11 Housing and Building Plans Examinations 10 000 

12 Lakewood Jail Medical Services 75 000 

13 Band Concerts 15 000 

14 Clevelan StateUuversity htern 1Q QOD 

15 Municipal Engineering Consultant 60 000 

16 Energy Efficiency Conservation Consultant 50 000 

Sub Total 876 500 

Services contracts included in the2010 Budget are as follows 

1 Government Agreements WEB 115 000 

2 Government Agreements II 145 000 

3 Financial Institution Service Charges 130 000 

4 Electronic Payment Services 50 000 

5 Property Liability Insurance Contracts 350 000 

6 Workers Comp Stop Loss Insurance 100 000 

7 LifeInsurance 23 000 

8 Hospitalization and Health Care Benefit Services 600 000 

9 Medical Claims Billing Service 75 000 

10 Sentenced Prisoners Full Jail Service 400 000 

11 Home Delivered Meals 28 500 

12 Distribution System Leak Survey 30 000 

13 Disposal of Screening and Grit WWTP 10 000 

14 Excavation Spoils Disposal 100 000 

15 Street Sweeping Catch Basin Debris Disposal 50 000 

16 Solid Waste Disposal Site 900 000 

17 Waste Collections Candominiums m7050 1 

18 Biosolids Disposal 50 000 

19 Receiving and Processing Yazd Waste 12 000 

20 Roll Off Box Construction Debris 35 000 

21 Organic Waste Disposal 65 000 

22 Crack Sealing Program 60 000 

23 Equipment LeaseLeaf Collection Project 14 000 

24 Lab Analysis Service 15 000 

25 Citywide ComputerHrdwr Op Sys Software Nlaint Coots300 000 

26 Communications Services 50 000 

27 Cox Fiber Network Maintenance 10 000 

28 Water Meter Program Maintenance 10 000 

29 Telephone SystemMaintenanee 10 000 

30 Cellular Phone Service 50 000 

31 Janitorial Services 10 000 

32 LaundryService Prisoners 10 000 

33 Towing Services i0 uv0 

b 

2

34 HVACMaintenance 40 000 

35 Copier Maintenance Service 

35 000 

36 Postage Mailing Services EquipmentLease 

Nlaintenance325 000 

37 Rental and Laundry ofUniforms 12 500 

38 Advertising45 000 

39 Printing Services 140 000 

40 CRIS LEADS Fees35 000 

41 FireworksTisly 35 000 y 

Sub Total 10 555 000 

Materials supplies and equipment authorized forpurchase under the 2010 Budget are as follows 

1 Sand and Aggregate 40 000 

2 Concrete Supplies 50 000 

3 Asphalt Materials 40 000 

4 Asphalt ColdPatch 20 000 

5 Road Salt Sodium Chloride 300 000 

6 Fire Hydrants Sewer and Water Appurtenances 100 000 

7 Water Meter Supplies Materials 35 000 

8 SignShop Supplies Blanks Reflective Material30 000 

9 Polymer Flocculants 20 000 

10 Wastewater Treatment Chemicals 100 000 

11 Computer Supplies 20 000 

12 Tires and Road Service 50 000 

13 Automotive Repairs Parts and Supplies 500 000 

14 Oil and Lubricants 25 000 

15 Fuel Supplies Gasoline and Diesel 575 000 

16 Purchase ofUniforms and Gear 30 000 

17 Electrical Supplies 40 000 

18 Hardware Supplies 30 000 

19 Janitorial Supplies 45 000 

20 Lumber Supplies 25 000 

21 Paper Supplies 25 000 

22 Plumbing Supplies 40 000 

23 Prisoner Food Supplies 60 000 

24 Purchase Uniforms Gear Safety Forces 50 000 

25 Pool Supplies Chemicals 30 000 

26 Landscape Materials 15 000 

27 Office Supplies 45 000 

28 Lease Copier Equipment 35 000 

29 Subscriptions Publications 25 000 

30 Small Tools and Equipment 100 000 

31 Computer Soflware 25 000 

32 Communications Equipment and Supplies 20 000 

33 Ammunition 25 000 

34 Reforestation 60 000 

3 

b

35 Police Operating Equipment 

36 Fire Operating Equipment 

37 Computer Operating Equipment 

38 Parks Operating Equipment 

39 Building Materials Supplies 

45 000 

50 000 

90 000 

7000 

60 000 

Sub Tntat e zo 95 000 

Total14 381 500 

Section 2 That contracts for supplies services and equipment in excess of7500 

and for professional services in excess of5000 shall not be awarded except as approved herein 

or further approved byResolution ofCouncil 

Section 3 

It is found and determined that all formal actions of this Council 

conceiving and relating to the passage ofthis ordinance were adopted in an open meeting ofthis 

Council and that all such deliberations of this Council and of any ofits committees that resulted 

in such forrnal action were in meetings open to the public in compliance with all legal 

requirements 

Section 4 This ordinance is hereby declared to be an emergency measure for the 

reasons stated in the preamble hereofand provided it receives the affirmative vote oftwo thirds 

of all members elected to Council it shall take effect and be in force immediately upon its 

adoption and approval by the Mayor otherwise it shall take effect and be in force after the 

earliest period allowed by law 

Adopted 

President 

Clerk 

Approved 

Mayor 

J 

4

ORDINANCE N0 83 09 BY 


affirmative cif atleastfve Srebers elected to Council otheruti ise tsteal 

take effect and be in force after the earliest period allowed by law authorizing the 

Mayor Director of Public Safety the Director of Public Works the Director of 

Law the Director of Finance and or the Purchasing Manager to enter into 

contracts for Memberships as authorized by the2010 

Appropriation Ordinance 

and the Administrative Code of the City of Lakewood contracts not to exceed 

60 000 without separate Resolution of Council 

WHEREAS this Council desires to provide the authorization to the Mayor 

Director of Public Safety the Director of Public Works the Director of Law the 


Memberships as authorized by the 2010 Appropriation Ordinance and the 

Administrative Code ofthe City of Lakewood as otherwise provided by law and 

WHEREAS this Council by a vote of at least five 5 members elected 

thereto determines that this ordinance is an emergency measure and that this 

ordinance shall take effect at the earliest date possible as set forth in ARTICLE III 

SECTIONS 10 and 13 of the SECOND AMMENDED CHARTER OF THE CITY OF 

LAKEWOOD and that it is necessary to provide for the usual daily operation of 

municipal departments in that delay could impair the City s ability to provide 

necessary services in atimely manner now therefore 


Section 1 That the Mayor Director of Public Safety the Director of Public 

Works the Director of Law the Director of Finance and or the Purchasing 

Manager be and are hereby authorized and directed to enter into contracts with 

organizations for the following memberships contracts not to exceed 60 000 

except as hereinafter provided 

Americar Association of Police Polygraphists 

American Concrete Institute 

American Institute of Certified Planners 

American Payroll Association 

American Planning Association 

American Polygraph Association 

American Society ofCivil Engineers ASCE 

American Society of Sanitary Engineers 

American WaterWorks Association AWWA 

1 

3 b

Association ofMunicipal County Judges of Ohio Inc 

Association of Public Treasurers ofthe US Canada 

Building OfFcials Conference of Northeastern Ohio BOCONEO 

Cleveland Metropolitan Bar Association 

Cleveland9 Restorafion 5cctetyPres 

rvatioResource 

Center Northeast Ohio 

Cuyahoga County Fire Chief s Association 

Cuyahoga County Law Directors Association 

Cuyahoga County Mayors and City Managers Association 

Cuyahoga County Police Chiefs Association 

Family to Family Administrators Council 

FBI National Academy Associates 

FirstSuburb Consortium 

Government Finance Officers Association of Ohio 

Government Finance Officers Association ofUS Canada 

Greater Cleveland Partnership 

Heritage Ohio 

High Technology Crime Investigation Association International 

Institute of Traffic Engineers 

International Association of Bomb Technicians 

Investigators IABTI 

International Association of Chiefs of Police 

International Association of Electrical Inspectors IAEI 

International Association of Electrical Inspectors 

Western Reserve Divisions 

International Association ofFire Chiefs 

International Code Council 

International Law Enforcement Educators and Trainers Association 

International Municipal SignalAssociation 

International Police Mountain Bike Association 

International Public Management Association IPMA 

International Society of Arboriculture 

Keep America Beautiful 

Lakewood Chamber of Commerce 

Metro Crime Clinic 

MiddleAtlantic Great Lakes Organized Crime Law 

Enforcement Network MAGLOCLEN 

Municipal Finance Officers Association of Northeast Ohio MFOA 

f

National Arbor Day Foundation 

National Association for the Education of Young Children 

NAEYC 

National Association of Housing Redevelopment Officials NAHf20 

Natiohal Fire Protection Association 

National Institute of Governmental Purchasing NIGP 

National League of Cities 

aticnatPuriicmpioy r LiborRibtrcns 

Association NPELRA 

National Tactical Officers Association 

North Central Ohio Building Officials Association 

North Coast Corrections Managers Association 

NortheastOhio Areawide Coordinating Agency 

Northeast Ohio Fire Chiefs Association NEOFCA 

Northeast Ohio Fire Prevention Association 

Northeast Ohio Mayors and City Maragers Association 

Northeastern Ohio Municipal Court Clerks Association 

Northern Ohio Municipal Court Clerks Association 

Northern Ohio Municipal Judges Association 

Northern Ohio Probation Ofricers Association 

Northern Ohio Service Directors Association 

Ohio Association of Chiefs of Police 

Ohio Association of Magistrates 

Ohio Association of Municipal Court Clerks 

Ohio Association of Plumbing Inspectors 

Ohio Assdciation of Polygraph Examiners 

Ohio Association of PublicTreasurer 

Ohio Association of Tax Administrators 

Ohio Auto Theft Association 

Ohio Conference of Community Development 

Ohio Crime Prevention Association 

OhioDARE Officers Association 

Ohio Economic DevelopmentAssociation OEDA 

Ohio EMS 

Otio Fire ChiefsAssociation 

Ohio Identification Officers Association 

Ohio Judicial Conference 

Ohio Municipal Attorneys Association 

Ohio Municipal Judges Association 

Ohio Municipal League 

Ohio Police Juvenile Association 

Ohio School Resource Officers Association 

Ohio State BarAssociation 

Ohio Tactical Officers Association 

Sewer Pipe Users Group SPUG 

Society for Human Resource Management 

Society for Human Resource Management 

Greater Cleveland Chapter 

State ofOhio Cooperative Purchasing Program 

Street Maintenance and Sanitation Officials of Ohio 

O

Team Crisis Negotiator 

Team Tactical Edge 

TransUnion of Northeast Ohio Inc 

Tree City USA 

USCommunities 

Ja ezE vr n ntrader8tic 

VJe Share 

Section Z That contracts for memberships in excess of 60 000 shall not 

be awarded except as approved herein or further approved by Ordinance of 

Council 

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

Council concerning and relating to the passage of this ordinance were 

adopted in 

an open meeting of this Council and that all such deliberations of this Council and 

of any of its committees that resulted in such formal actions were in meetings 


Section 4 This ordinance is hereby declared to be an emergency 

measure for the reasons stated in the preamble hereof and provided it receives 

the affirmative vote oftwo thirds of all members elected to Council it shall take 

effect and be in force immediately upon its adoption and approval by the Mayor 

otherwise it shall take effect and be in force after the earliest period allowed by 

law 

President 

Clerk 

Mayor 

4


AN ORDINANCE to take effect immediately provided it receives the affirmative vote of 

at least five 5 members elected to Council otherwise it shall take effect and be in force after the 

ewi til FxeG y3X 8rneiSd OrdmaneE 93 Vi aQ lpt d Jw3 cv vvw arIien 

Chapter 915 Water Rates of the Codified Ordinances of the City ofLakewood for the purpose 

of adjusting water rates charged against each lot parcel of land or premises which may have an 

active water connecfion with theMunicipal water system 

WHEREAS sufficient revenues are required to recover costs budgeted for the operations 

ofthe Water Distribution System and 

WHEREAS confinued decreases in consumpfion of water has a negative impact on 

revenues received overtime and 

WHEREAS sufficient dollars are required to meet scheduled debt service payments and 

WHEREAS in order to offset the increases in the purchased water from the City of 

Cleveland to the City as well as the continuing increases in the costs of operations it is necessary 

for the City to increase the rates charged 

Now therefore 

BE IT ORDAINED BYTHE CITY OF LAKEWOOD STATE OF OHIO 

Section L That Chapter 915 Water Rates of the Codified Ordinances of the City of 

Lakewood currently reads as follows 

915 01 ESTABLTSHMENT OF RATES 

The Director of Public Works is hereby authorized and directed to establish water 

rates 

charged monthly by the Division ofWater and Wastewater Collections as follows 

a Effective January 1 2006 all water used during each one month billing period 

shall cost not more than three and eighty five hundredths dollars 385 per 

one hundred cubic feet ofwater 

b Effective January 1 2007 all water used during each one month billing period 

shall cost not more than four and seventy five hundredths dollars475 per 

one hundred cubic feet ofwater 

t13

c Effective January 1 2008 all water used during each one month billing period 

shall cost notmorethan four and ninety ninehundredths dollars499 per one 

hundred cubic feet ofwater 

915 02 CUSTOMER SERVICE CHARGE 

nere s herebytist bsiied a motithiywater customer service charge tb be clarged 

by the LakewoodDivision ofWater and Wastewater Collection as follows 

a Effective January 1 2006 the monthly customer service charge shall be150 

b Effective January 1 2007 themonthly customer service charge shall be 0 

915 03 HOMESTEAD EXEMPTION 

There is hereby established a Special Homestead exemption whereby 

water rates 

charged to homesteads owned by a person 65 yeazs of age or older or owned by a 

permanently or totally disabled person provided that such person 

income falls belowthe 

income criteria as established by Ohio RC 323 152 and amendments thereto shall be 

fifty five percent55 ofthe water rate established pursuant to this chapter 

Shall be and is herebyamended to read as follows 

915 01 ESTABLISHMENT OF RATES 

The Director of Finance is hereby authorized and directed to establish water rates 

charged monthly by the Division of Utility Billing as follows 

a Effective January 1 2010 all water used during each one month billing period 

shall costnot more than five and forty eighthundredths dollars548 per one 

hundred cubic feet ofwater 

915 02 CUSTOMER SERVICE CHARGE Removed 


Section 2 

There is hereby established a Special Homestead exemption whereby water rates 

charged to homesteads owned by a person 65 years of age or older or owned by a 

permanently or totally disabled person provided thatsuch person sincome falls below the 

income criteria as established by Ohio RC323 152 and amendments thereto shall be 

fifty five percent 55 ofthe wafer rate established pursuant to this chapter 

It is found and determined that all formal actions ofthis Council concerning and 

relating to the passage ofthis ordinance were adopted in an open meeting ofthis Council and 

r 1

that all such deliberations of this Council and of any of its committees that resulted in such 

formal action were in meetings open to the public in compliance with all legal requirements 

Section 3 This Ordinance is hereby declared to be an 

emergency measure necessary for the 

immediate preservation of the public peace health safety and welfare in the City and for the 

usual daily operation of the City for the reasons set forth and defined in the preamble to this 

Ordinancd and prov7ded it receives the affnmative vote cf of leasi ire5of ice 

members elected to 

Council this Ordinance shall take effect and be in force immediately upon its 

passage by the Council and approval by the Mayor otherwise it shall take effect and be iri force 

after the earliest period allowed bylaw 

Adopted 

President ofCouncil 

ClerkofCouncil 

Approved 

Mayor 

r


AN ORDINANCE to take effect immediately provided it receives the affirmative vote of 

atleast five 5 members elected to Council otherwise it shall take effect andbe in force after the 

earliest period aLd ved by law amending Ordinance Ob adapted 3uly 2006 toatnerid 

section 902 04 Rates and Charges of the Codified Ordinances of the City of Lakewood for the 

purpose of adjusting sewer rates bhazged against each lot parcel ofland or premises which may 

have an active sewer connection with the Municipal wastewater disposal system or which may 

otherwise discharge wastewatereither directly or indirectly into such system or any part thereof 

WHEREAS the current sewer rate is insufficient to allow the Wastewater Treatment 

Fund and Wastewater Collections System Fund to continue to beself supporting and 

WHEREAS in order to offset the continuing general increases in capital costs of the 

wastewater collections and treatment facilities it is necessary for the City to increase the rates 

charged to the users of the wastewater disposal system as well as provide for the anticipated 

annual capital needs for thewastewater collectionand treatment system and 

WHEREAS Chapter 902 of the Codified Ordinances authorizes the City to set sewer 

rates to distribute the costs of operation and maintenance ofthe wastewater disposal system and 

the costs to maintain compliance with applicable standards and regulations of theUSEPA 

proportionately upon all users ofsaid system 

Now therefore 


Secfion 1 That Section 902 04 Rates and Charges of the Codified Ordinances of the 

City ofLakewood currently reads asfollows 

902 04 RATES AND CHARGES 

a The Director ofPublic Works is hereby authorized to 

annually establish sewer rates 

charged by the Lakewood Division of Water and Wastewater Collections and the 

LakewoodDivision ofWastewater Treatment 

1 Such charges and rates shall be made against each lot parcel of land or 

premises 

which may have an active sewer connection with the Municipal wastewater 

disposal system or which may otherwise discharge wastewater either directly or 

indirectly into such system or anypart thereof 

2 Such charges and rates shall be based on alI water used during each one month 

billing period 

3 Suchrates shall be chazged monthly 

J

Any lot parcel of land or premises discharging into the sanitary sewer but not using 

City water wholly or partly shall 

at his or her own expense be required to install 

meters or other measuring devices approved by the City Engineer to measure either 

the water or the discharge to the sanitary sewer 

c Any lot parcel of land or 

premises desrnng credit for water consumed for purposes 

where the wateiis not fetuthed to thesan tar 

separately meter the water for such uses 

sewer shah at hiso hes awrl expense 1 

d Effective January 1 2007 sewer rates charged by the Lakewood Division of Water 

and Wastewater Collections shall be billed at a rate of not more than two and foriy 

seven hundredths dollars 247 per one hundred cubic feet of metered water 

consumption 

e Effective January 1 2008 sewer rates charged by the Lakewood Division ofWater 

and Wastewater Collections shall be billed at arate ofnot more than two and ninety 

seven hundredths dollars297 per one hundred cubic feet of metered water 

consumpfion 


There is hereby established a Special Homestead exemption whereby sewer rates charged 

to homesteads owned by person 65 years of age or older or owned by a permanently or 

totally disabled person provided that such person 

income falls below the income 

criteria as established by Ohio RC 323 152 and amendments thereto shall be seventy 

fivepercent75 ofthe sewer rate established pursuant to this chapter 

902 06 SUMMER SPRINKLING PROGRAM 

The City of Lakewood Division ofWater is authorized to 

provide a Summer Sprinkling 

Program for residents commencing June 1 and ending August 31 of each year for 

owner occupied homes of one two three and four family residential accounts in 

good standing Upon the customer 

request by written application on a form 

prescribed by the director of Public Works summer sewer bills issued during the 

months ofJune July and August June 1 to August 31 of each year would be based on 

an average of sewer bills issued for the previous nine months September through 

May AlI applications must be completed at or before April 30 of each year The 

Division of Rater will calculate the suu mer sprinkling discount The Summer 

Sprinkling Program will not affect or 

replace the City s current sewer exempt meter 

program 

f

Shall be and is hereby amended to read as follows 

902 04 RATES AND CHARGES 

a The Director ofFinance is hereby authorized to annuallyestablish sewer rates charged 

bythe 

DivisionofUti ifyBillirig 

1 Such charges and rates shall be made against each lot parcel ofland or premises 

which may have an active sewer connection with the Municipal wastewater 

disposal system or which may otherwise discharge wastewater either directly or 

indirectly into such system or any part thereof 

2 Such charges and rates shall be based on all water used during each one month 

billing period 

3 Such rates shall be charged monthly 

b Any lot parcel of land or 

premises discharging into the sanitary sewer but not using 

City water wholly or partly shall at his or her own expense be required to install 

meters or other measuring devices approved by the City Engineer to measure either 

thewater or thedischarge to the sanitary sewer 

c Any lot parcel of land or premises desiring credit for water consumed for purposes 

where the water is not returned to the sanitary sewer shall at his or her own expense 

separately meter the water for such uses 

d Effective January 1 2010 sewer rates charged by the Lakewood Division Utility 

Billing shall be billed at a rate of not more than three and twenty six hundredths 

dollars326 per one hundred cubic feet ofmetered water consumption 

902 05 HQMESTEAD EXEMPTION 

There is hereby established a 

Special Homestead exemptionwhereby sewer rates charged 

to 

homesteads owned by person 65 years of age or older or owned by a permanently or 

totally disabled person provided that such person 

income falls below the income 

criteria as established by Ohio RC323 152 and amendments thereto shall be seventy 

fivepercent75 ofthe sewer rate established pursuant to this chapter 

902 06 SUMMERSPRII TKLING PROGRAM 

The City of Lakewood Division of Water is authorized to 

provide a Summer Sprinkling 

Program for residents commencing July 1 and ending September 30 of each year for 

owner occupied homes of one two three and four family residential accounts in 

good standing Upon the customer 

request by written application on a form 

prescribed by the Director of Finance summer sewer bills issued during the months of 

July August and September July 1 to 

September 30 of each year would be based on 

an average of sewer bills issued for the previous four months January through ApriI 

tt

Ail applications must be completed at or before April 30 of each year The Division of 

Utility Divisions will calculate the summer 

sprinkling discount The Summer 

Sprinkling Program will not affect or 

replace the City s current sewer exempt meter 

program 

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

relating to the passage of this oidinance were adopted ui an open meetingbi this Council atiid 

than all such deliberations of this Council and of any of its committees that resulted in such 

formal action were in meetings open to thepublic in compliance with all legal requirements 


emergency measure necessary for tlhe 

immediate preservation of the public peace health safety and welfare in the City and for the 

usual daily operation of the City for the reasons set forth and defined in the preamble to this 

Ordinance and provided it receives the affirmative vote of at least five 5 of its 

members elected to 

Council this Ordinance shall take effect and be in force immediately upon its 

passage by the Council and approval by the Mayor otherwise it shall take effect and be in force 

after the earliest period allowed by law 

Adopted 

President ofCouncil 

ClerkofCouncil 

Approved 

Mayor 

r

I1j 

r a 

a 

DEPARTMENT OF HUMAN SERVICES 

2650 DETROITAVENUEr 441 07 

Tel Nhcoe 26529 6685 

Facsimile 216528 5654 

DOROTHY MBUCKON 

DIRECTpR OF HUMAN SE2VICF 




Lakewood OH 44107 

RE 

2010 Program Year Contract with Western Reserve Area Agency on Aging Title 

III of the Older American s Act 

Dear Members of Council 

Attached for your consideration is a Resolution authorizing the Mayor or his designee 

on behalf of the City of Lakewood to enter into the necessary contracts with the Western 

Reserve Area Agency on Aging to allow for continuation of community based services 

under Title III of the 1965 OlderAmericans Act for the 2010 program year 

Title III program services include transportation to senior centers and medical 

appointments home delivered and congregate meals housekeeping and social 

services As of Sepferimber 2009 the htatrition component serried 4D 34G meals 

transportation provided 16 232 trips and homemaking provided 1180 hours of service 

to seniors in our 

community 

Thank you for your consideration of this legislation 

Very truly yours 

DorothyMBuckon 

y 

F 

The City of Lakewood Department of Human Services provides a continuum of responsive programs and services that 

enhance andpromote the health andwell being ofindividuals families and the community

RESOLUTION NO 8379 09 gy 

A RESOLUTION to take effect immediately provided it receives the 

affirmative vote of at least five 5 members elected to Council otherwise it shall 

take effect and bein force after the earliest period allowed by law authorizing the 

Mayor or his designee to enter into a Contract with the Westem Reserve Area 

Agenry on Aging to accept funds for the City sprograms 

Transportation 

coveringSocial Supportive 

and Nutrition Services such contract providing partial funding for 

s 

ppteir iprcgrari suder the Iit of tine 1965 Older Arimericahs Act for ttie 2ui0 

program year 

WHEREAS the Western Reserve Area Agency on 

Aging is 

administering a program of grants from the Federal Government under Title III of 

the 1965 Older Americans Act whereby this City may obtain funds to provide 

Programs for persons 60 years of age or older and 

WHEREAS this Council by a vote ofat least five 5 members elected 

thereto determines that this Resolution is an emergehcy measure and that this 

Resolution shall take effect at the earliest date possible as set forth in 

SECI ONS SO ARTICLE III 

and 13 of the SECOND AMENDED CHARTER OF THE CITY OF 

LAKEWOOD and that it is necessary for the immediate preservation of the public 

property health ahd safety and to provide for the usual daily operation 

departments of municipal 

in that completed contracts must be submitted no later than November 

20 2009 Now Therefore 

BE IT RESOLVED BY THE CITY OF LAKEWOOD STATE OF OHIO 

Section 1 That the Mayor or his designee is hereby authorized and 

directed to enter into a cortract with the Western Reserve Area Agency on Aging 

providing partial funding of the City s Program under Title III of the 1965 Older 

Americans Act for the2010 program year 

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

Council cbricemirig and relating to the passage of this Resolution were adopted in an 

open meeting of this Council and that all such deliberations of this Council and of 

any of its committees that resulted in such formal action were in meetings open to 

the public in compliance with all legal requirements 

Section 3 That this Resolution is hereby declared to be an 

emergency measure necessary fot the immediate preservation ofthe Public Peace 

property health safety and welfare inthe City and for the usual daily operation of 

the City for the reasons set forth and defined in the preamble to this ordinance and 

provided it receives the affirmative vote of at least five5 of its members elected to 

Council this Resolution shall take effect and be ih force immediately upon its 

adoption by the Council and approval by the Mayor otherwise it shall take effect 

and be in force after the earliest period allowed by law 

Adopted 

PRESIDENT 

CLERK 

Approved 

MP YOR

Ir 


7 12 65Dercltven 441 37 

Timothy J Malley Chief ofPolice 

Division ofPolice 

216 524 6750 

FAX216 521 7727 

www 

onelakewood com 

Lakewood CityCouncil 

12650 Detroit Ave 


DearMembers of Council 

For many yeazs the Lakewood Police Department has handled its responsibilityfortowing vehicles from city 

streets for a 

variety of reasons accidents arrests abandoned vehiclesparking violations etc While 

completing these tasks there aze several employees involved with each towboth in uniform and 

administratively We believe a feeincluded in thetowing charges forthe Lakewood Police Departments 

administrative task is prudent Please seethe attached ordinance forthis proposal and refer tothe proper 

committee 

Respectfully 

Chief Timb ky Mal 

ey 

y t F 

F 

r


AN ORDINANCE to create new Section 135 15 Administrative Towing Fees 

of theCod 

rfred Ordinances of the pity of Lakewood to eatabisn an administrative 

fee for the towing of vehicles ordered by the Division ofPolice 

WHEREAS currently the City of Lakewood contracts with outside towing 

agencies for police ordered towing ofvehicles and 

WHEREAS the owners of the vehicles towed pay the towing agency 

directly for all costs associated with thetow and 

WHEREAS the City of Lakewood expends a significant amount of time 

processing paperwork for the tracking of and release of towed vehicles and 

WHEREAS the Chiefof Police has estimated that the City expends a 

average of nearly25 00 per tow in personnel hours and 

WHEREAS the City of Lakewood would like to establish reasonable fees 

for the administrative costs associated with the towing of vehicles Now 

therefore 


Section 1 That new section 135 15 Administrative Towing Fees of the 

Codified Ordinances of the City of Lakewood is hereby enacted to read as 

follows 

135 15 ADMINISTRATIVE TOWING FEES 

a An Administrative Towing Fee is hereby established and the City of 

Lakewood Division of Police is hereby authorized to charge an administrative 

towing fee in the amount of to the owner of any vehicle seeking 

reiease of the vehicie from impound Such fee may be increased from time to 

time by the Director of Finance to reflect the actual increase in costs associated 

with processing the police ordered tow of a vehicle Such fees shall be in 

addition to any fee that is charged by an agency that contracts with the City of 

Lakewood for police ordered tows 

bThe Director of Public Safety or his or her designee is hereby 

authorized to enter into one or moreservice contracts for the towing of vehicles 

a

as the result of an order of a sworn member of the Division of Police including 

but not limited to the collection of and transmittal to the City of Lakewood the 

administrative fees established is subsection a hereof 

Section 2 

It is found and determined that all formal actions ofthis 

Council concerning and relating to the passage of thiscrinance were adopted 

n 

an open meeting of this Councilgrid that all such deliberations ofi Ellis Couhdil 

and of any of its committees that resulted in such formal action were in meetings 


Adopted 

PRESIDENT 

CLERK 

Approved 

MAYOR 

i 1

I 

JOSEPH J BEND PE 

DIRECTOR OF PUBLICWORKS 

n 

o 

4 

WILLIAM J CORRIGAN 

DIVISION MANAGER 

DEPARTMENT OF PUBLIC WORKS 

DIVISIONOF ENGINEERING AND CONSTRUCTION 

12650 DETROIT AVENUE 44107 216521 6692 


Lakewood CityCouncil 

Lakewood Ohio 

RE 

ARRA Stimulus Funding 

WWTP Secondary Digester Covers and Thickener Tank Drive Units 

DearMembers ofCouncil 

Attached please find a Resolution authorizing the Mayor on behalfofthe city to seek American 

Recovery and Reinvestment Act of 2009 funding from the Ohio Environmental Protection 

Agency OEPA through the Water Pollution Control Loan Fund Fuli Principal Forgivness 

Assistance Agreement in the amount of652 500 0027 500 

for the Thickener Tank Drive 

Units and 625 000 

for the Secondary Digester Cover Replacement Projects The projects 

will upgrade the existing wastewater facilities 

Lakewood s participation in the project has been estimated at 

652 500 00which is 50 ofthe 

total1305 000 

combined project cost 

Please consider adoption of the attached Resolution which is required as part ofthe application 

This project will benefit and positively impact all of our Lakewood residents by replacing and 

upgrading existing outdated equipment Thank you in advance for your consideration ofthese 

important projects 

Sincerely 

JosephJ Beno PE 

O 

www 

onelakewood com

RESOLUTION N0 88 09 BY 

A RESOLiJTION to take ffect immed sately prdvided treceives the affr rative 

vbte of at least fve 5 i5iembers elected to Council otherwise it shad take efr eet and 

be in force after the earliest period allowed by law authorizing the Mayor s to apply for 

accept and enter into a Water Pollution Control Loan Fund Full Principal Forgiveness 

Assistance Agreement on behalf of the City of Lakewood for planning design and or 

construction of Waster Water Treatment Facilities Improvements with the 

Environmental Protection Agency of the State of Ohio in ah amount estimated at 

652 500 

WHEREAS the City of Lakewood seeks to upgrade its existing wastewater 

treatment facilities and 

WHEREAS the City of Lakewood intends to apply for Water Pollution Control 

Loan Fund for the planning design and or construction of the wastewater facilities 

improvements and 

WHEREAS the Ohio Water Pollution Control Loan fund requires the government 

authority to pass legislation for appAcation of a loan and the execution of an 

agreement and 


determines that this ordinance is an emergency measure and that this ordinance shall 

take effect at the earliest date possible as set forth in ARTICLE TII SECTIONS 10 and 

13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is 

necessary for the immediate pre servation of public property health and safety and to 

provide for the usual daily operation ofmunicipal departments in that applications for 

this program 

are currently being accepted and are under consideration Now 

Therefore 

BE ti RESOLI ED BY THE CITY OF LAKElh OOD STATE OF OHIO 

Section 1 That the Mayor is hereby eutharized to apply for accept and enter 

into a Water Pollution Control Loan Fund Full Principal Forgiveness Assistance 

Agreement on behalf of the City of Lakewood for planning design and or construction 

of Waster Water TreatmentFacilities 

Improvements with the Environmental Protection 

Agency of the State of Ohio in an amount estimated at652 500 

d


concerning and relating to the passage of this resolution were adopted in an open 

meeting of this Council and that all such deliberations of this Council and any of its 

committees that resulted in such formal action were in meeting open to the public in 


Sectidn 3 That this Resolution is fieteby declared to e an emergency measure 

necessary for the usual daily operation of City for the reasons set forth in the preamble 

to this Resolution and provided it receives the afFrmative vote of at least five of its 

members elected to Council this Resolution shall take effect and be in force 

immediately upon its adoption by the Council and approval by the Mayor otherwise it 

shall take effect and be in force after the earliest period allowed by law 

Adopted 

PRESIDENT 

CLERK 

Approved 

MAYOR 

d

Ij 

DEPARTMENT OF PLANNING DEVELOPMENT 

NATHAN J KELLY 

DIREQOR 

u 

as 

12650 DetroitAvenue 44107 216529 6630 FAX 216 529 5936 

vaw cnelekewood comldevelopment 





RE Presentationfrom Cleveland Restoration Society 

Dear Members ofLakewood City Council 

Kathleen Crowther and Michael Fleenorare joining us today to share an update from the 

Cleveland Restoration Society on their activities in the City ofLakewood 

Cleveland Restoration Society works with the City ofLakewood to deliver the Heritage Home 

Program to city residents The Heritage Home Program delivers experttechnical assistance on 

the construction and preservation of properties in Lakewood for free The program 

also includes 

the low interest35 Heritage Home Loan for eligible improvements CRS also provides our 

department valued guidance and counsel for example delivering a color palette from which 

Operation Paintbrush participants must use 

Cleveland Restoration Society will share details on the numberof properties and residents served 

through the end ofOctobers and willbe availableto City Council to ask questions 

program and the organizations preservation advocacy in Lakewood 

about the 

Re 

ctffu llyv 

1athan Kelly 

6 

CDOCUments andSettin snjk49655 Desktop CRSIntro to Council I11109 doc

I 

I 

9 

DEPARTMENT OFPLANNING DEVELOPMENT 

NATHANIKELLY 

DIRECTOR 

12650 DetroitAvenue 44107 x216 529 6630 FAX 216 529 5936 

wwwonelakewcodcdm 





RE EDF Support for 717Ink University Tees 

Dear Members ofCouncil 

The attached proposed ordinance proposes an Economic Development Fund Loan to 717Ink and 

University Tees a growing business owned by Lakewood residents Recently the principals of 

717hr1c and University Tees applied for an Economic Development Fund Loan to finance the 

purchase ofscreen printing equipment 

University Tees markets apparel to college campuses nationwide with management and sales 

representatives currently based in Westlake Theirbusiness is expanding and their supply chain 

is changing University Tees is going to stop outsourcing their screen printing in favor oftheir 

newly created 717Ink which has entered into a lease at Lakewood s Templar Office Complex 

formerlythe Lake Erie Screw Building 

To help grow their business they have applied fora50 000 loan to finance the purchase of 

capital equipment to stimulate their growth If approved University Tees wiII move their eight 

employees to Lakewood and operate 717Ink in Lakewood Currently University Tees has a 

250 000 payroll Once operational 717Ink will have a payroll of178 000 Their conservative 

growth projections place their 2011 payroll over 500 000 They expect to double their size in 

five years 

On November 1001 the Economic Development Committee reviewed the application and 

recommended loan approval using eligible CDBG funds with repayment to begin in April 2010 

I look forward to discussing the proposal further in the appropriate committee 

Respectfully 

EathanKelly 

d b 

C1DOCUMEInjk4965IOCALSITempV Prpwise EDF Council Cover 717Ink 110809 doc Pale 1 of 1

ORDINANCE NO W 

By 

AN ORDINANCE authorizing the Mayor 

his designee to enter into an agreenlerrt witty 

University Tees Inc or its designee for participation in the Lakewood Business Investment 

Program BIP of the Economic Development Fund EDF for a five 5 year loan in an amount of 

Fifty Thousand Dollars 50 000 

WHEREAS as an authorized use of the City of Lakewood s entitlement allocation of federal 

Community Development Block Grant dollars the EDF was established and approved by Lakewood 

City Council on December 2 1996 ih order to promote business investment and redevelopment in 

Lakewood for the purpose of supporting Lakewood s competitiveness and attractiveness as a 

location for new businesses and the expansion of existing businesses ahd 

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 assistance 

and support to companies investing in 

Lakewood that would foster redevelopment efforts to 

increase jobs generate new tax revenue and provide for physical improvements in Lakewood and 

WHEREAS University Tees Inc has applied for one loan under the BIP ih order to finance 

capital equipment facilitate job growth and locate business operations ih Lakewood Ohio and 

WHEREAS this application by University Tees Inc meets and exceeds the General 

Assistance Guidelines ofthe BIP and 

WHEREAS the Economic Developmeht Committee convened November 10th 2009 

reviewed and unanimously approved recommendation of the BIP application by University Tees 

inc and 

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

Assistance Guidelines will be executed by University Tees Inc agrees to create or cause to be 

created at least four4full time equivalent jobs and 

WHEREAS in order to enter into loan agreements under the BIP vJith University Tees Inc 

Lakewood City Couhcil must grant authority for the City to enter Into such agreements and 

and 

CS

WHEREAS this Council by a vote of at least five 5 members elected hereto determines 

that this ordinance is an emergency measure and that this ordinance shall take effect at the 

earliest date possible as set forth in ARTICLE III SECTIONS 10 and 13 of the SECOND AMENDED 

CHARTER OF THE CITY OF LAKEWOOD and that immediate action is necessary to provide for the 

preservation of the public health safety and welfare and for the reason that financial assistance 

provided under the EDF is an investment in the City of Lakewood which promotes business 

redevelop rent generates 3cbs increastax revenues and prav des forphysr Fmprd en 

thereby stabilizing the community and improving the quality of life within the City and to 

encourage construction before weather conditions prohibit construction NOW THEREFORE 


Section 1 

That the Mayor or his designee is hereby authorized and directed to enter into 

an 

agreement with University Tees Inc or its designee for participation in the Lakewood Business 

Investment Program BIP of the Economic Development Fund EDF for a five 5 year loan in an 

amount of Fifty Thousand Dollars50 000 

to finance capital equipment facilitate job growth 

a locate business operations in Lakewood Ohio in compliance with and under the terms of the 

Business Investment Program of the Economic Development Fund said agreements to contain 

such terms and conditions as deemed necessary by the Director of Law to protect the public 

interest 

Section 2 

It is found and determined that all formal actions of this Council 

concerning 

and relating to thepassage of this Ordinance were 

adopted in an 

open meeting of this Council 

and that all such deliberations of this Council and any of its committees that resulted in such 

formal actions were in meetings open to the public in compliance with all legal requirements 


emergency measure for the 

reasons set forth and defined in the preamble of this Ordinance and provided it receives the 

affirmative vote of at least five 5 of its members elected to Council this Ordinance shall take 

effect and be in force at the earliest date possible upon its adoption by the Council and approval 

by the Mayor 

Adopted 

President 


Approved 

Mayor 

cf

I 

12650 DETROITAVENUE 94107216 529 6055 FAX216 226 365D 

www I kg 

Councilat Large 

NICKIEJ ANTONIO 

MICHAEL W DEVER 

BRIAN EPOWERS 

Lakewdod CityCoupi 

MICHAEL W DEVER PRESIDENT 

MARY LOUISE MADIGAN VICE PRESIDENT 

Ward Council 

WARDIKEVIN BUTLER 

WARDII 

THOMAS BULLOCK 

WARDIII MICHAELSUMMERS 

WARDNMARY LOULSE MADIGAN 


Dear members of Council 

Re Reappointment of Ray Cushing to the Finance Audit Committee 

Ray Cushing has served with distinction as a City Council Appointee on the Financial Audit Committee Ray is 

Treasurer ofNordson Corporation a global manufacturing company headquartered in Westlake Ray lives in 

Lakewood He has been very active on various school and city task forces He served on the Structural Balance 

Committee that submitted costreduction and restructuring ideasto this Council in November 2007 

Ray Cushing brings an enormous 

expertise to our city government Ofparticular importance is his understanding 

ofthe capital markets which include municipal debt issues and trends 

Ray s term will expire on December31 2009 I ask that wereappoint Ray Cushing to an additional two year term 

on the Finance Audit Committee 

Respectfully Submifted 

Michael P Summers Chair 

Finance Committee

DOCKET OF A MEETING OF THE LAKEWOOD CITY COUNCIL TO ...

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