Www.lakewoodoh.gov Lakewood City Council JOHN LITTEN, PRESIDENT SARAH ...

Council at Large THOMAS R. BULLOCK III TRISTAN RADER SARAH KEPPLE

12650 DETROIT AVENUE 44107 216-529-6055



Lakewood City Council JOHN LITTEN, PRESIDENT SARAH KEPPLE, VICE PRESIDENT

Ward Council KYLE BAKER, WARD 1 JASON SHACHNER, WARD 2 JOHN LITTEN, WARD 3 CINDY MARX, WARD 4

Noticed 9/30/22

PUBLIC NOTICE ? PUBLIC WORKS & SUSTAINABILITY

The Public Works & Sustainability Committee will meet Monday October 3, 2022 at 6:30 p.m. in the Auditorium of Lakewood City Hall at 12650 Detroit Avenue. The meeting is open to the public.

The meeting will be livestreamed on the City's website at the following link:

councilvideos

PUBLIC COMMENT PROTOCOL (Updated 6/21) The public is invited to comment on agenda items in person or by submitting a written comment in advance of the meeting using the eComment platform available HERE. New users must create an eComment account.

The agenda is as follows:

Approval of the minutes of the September 19, 2022 meeting of the Public Works & Sustainability Committee.

ORDINANCE 28-2022 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, amending various sections of the Lakewood Codified Ordinances to establish fees for the use of Cove Community Center and to update the fees charged for all properties available to the public to rent. (1st read & referred to PWS 9/6/22; 2nd reading 9/19/22)

RESOLUTION 2022-39 - A RESOLUTION approving of a public grounds encroachment permit pursuant to Section 901.18 of the Codified Ordinances in favor of David W. Salisbury and Elizabeth W. Salisbury, property owners of 15700 West Shore Court, Lakewood, Ohio, in furtherance of a neighborhood beautification proposal. (Referred to PWS 9/19/22)

Tristan Rader, Chair Tom Bullock, Kyle Baker; Members PUBLIC WORKS & SUSTAINABILITY COMMITEE

ORDINANCE NO. 28-2022

Placed on 1st reading & referred to PWS 9/6/22; 2nd reading 9/19/22

BY:

AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, amending various sections of the Lakewood Codified Ordinances to establish fees for the use of Cove Community Center and to update the fees charged for all properties available to the public to rent.

WHEREAS, Lakewood recently opened Cove Community Center, a multigenerational facility that houses the Divisions of Aging, Youth and Early Childhood; and

WHEREAS, Lakewood would like to make portions of the facility available for residents and members of the public to utilize for meetings and events; and

WHEREAS, Lakewood has not updated fees charged for use of city properties in over 14 years; and

WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments to provide for the usual daily operation of the City in that these fees should become effective for all rental agreements that post-date this legislation. Now therefore,

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO

Section 1. That Section 905.15 Picnic Areas; Permit for Use of Picnic Pavilions of the Codified Ordinances of the City of Lakewood, currently reading as follows:

905.15 PICNIC AREAS; PERMIT FOR USE OF PICNIC PAVILIONS. (a) The Director of Public Works shall establish a list of picnic pavilions that shall be

available by permit only ("Permit Pavilion"). (b) For the months of May through October those pavilions designated as Permit

Pavilions shall require a permit. However, during the months of November through April no permit is required. Permits shall be issued by the Director of Public Works. The permit applicant shall be age eighteen years or older. Permit applications shall be submitted on a form provided by the Director of Public Works.

(c) The applicant shall pay a non-refundable fee as established by Lakewood City Council. The Lakewood Kiwanis shall not be charged a fee for use of the Kiwanis Pavilion located at Lakewood Park.

(d) Permittees shall be responsible for clean-up of the area of premises used and for any damage caused to property. If the immediate area in which the picnic was held is not cleaned, the Director of Public Works shall order or direct clean-up and/or property damage repair. Permittees shall be responsible for payment of any actual cost of clean-up or repair.

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(e) Permits issued by the Director of Public Works shall state the dates and times that use of a Permit Pavilion is reserved for use by the permittee. Permittees shall cause the premises to be vacated prior to the expiration of any time stated in such permit. Failure of any permittee to vacate the premises prior to the expiration of such time stated in the permit may cause the permittee to be charged an additional day's fee as established by Lakewood City Council.

is hereby repealed.

Section 2. That new Section 905.15 Picnic Areas; Permit for Use of Picnic Pavilions of the Codified Ordinances of the City of Lakewood, is hereby enacted to read as follows:

905.15 PICNIC AREAS; PERMIT FOR USE OF PICNIC PAVILIONS. (a) The Director of Public Works shall establish a list of picnic pavilions that shall be

available by permit only ("Permit Pavilion"). (b) For the months of May through October those pavilions designated as Permit

Pavilions shall require a permit. However, during the months of November through April no permit is required. Permits shall be issued by the Director of Public Works. The permit applicant shall be age eighteen years or older. Permit applications shall be submitted on a form provided by the Director of Public Works.

(c) The applicant shall pay a non-refundable fee as established by the Director of Finance upon 30 days written notice to Council. The Lakewood Kiwanis shall not be charged a fee for use of the Kiwanis Pavilion located at Lakewood Park.

(d) Permittees shall be responsible for clean-up of the area of premises used and for any damage caused to property. If the immediate area in which the picnic was held is not cleaned, the Director of Public Works shall order or direct clean-up and/or property damage repair. Permittees shall be responsible for payment of any actual cost of clean-up or repair including any wage related costs.

(e) Permits issued by the Director of Public Works shall state the dates and times that use of a Permit Pavilion is reserved for use by the permittee. Permittees shall cause the premises to be vacated prior to the expiration of any time stated in such permit. Failure of any permittee to vacate the premises prior to the expiration of such time stated in the permit may cause the permittee to be charged an additional day's fee as established by Lakewood City Council.

Section 3. That Section 905.21 Rental of City Property, of the Lakewood Codified Ordinances, currently reading as follows:

905.21 RENTAL OF CITY PROPERTY. (a) The Auditorium located at City Hall, 12650 Detroit Avenue, Lakewood, Ohio, and the Lakewood Park Women's Club Pavilion located in Lakewood Park, 14532 Lake Avenue, Lakewood, Ohio may be made available to members of the public for use for various events and functions. Except as otherwise permitted by law, no other City property shall be made available to members of the public for use for an event, unless the event is sponsored by the City of Lakewood. (b) Fees for the use of said property shall be as follows

Weekday Resident or Lakewood Community Group Others

Weekend/Holiday Resident or Lakewood Community Group Others

$25.00/hr. 50.00/hr.

$40.00/hr. 80.00/hr.

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(c) In addition to usage fees, users shall be responsible for reimbursing the City for security guards or grounds keepers in the amount of fifteen dollars ($15.00) per hour for the purpose of opening and closing the property and ensuring that the property is returned to its original condition.

(d) A security deposit must be made with the Department of Public Works in the amount of two hundred dollars ($200.00). The Security Deposit will be refunded less any damages or cleaning services required. The user shall be billed for actual damages exceeding the security deposit.

(e) Usage fees and deposits shall be waived for the Lakewood Board of Education using the facilities for any governmental purpose or function. The Lakewood Board of Education shall be responsible for all security charges.

(f) Each user shall be required to sign a rental agreement for use of said property in a form approved by the Director of Law. Such agreement shall contain a requirement of a minimum two (2) hour rental of any property.

is hereby repealed.

Section 4. That new Section 905.21 Rental of City Property, of the Lakewood Codified Ordinances, is hereby enacted to read as follows:

905.21 RENTAL OF CITY PROPERTY. (a) The Lakewood Park Women's Club Pavilion located in Lakewood Park, 14532 Lake Avenue,

Lakewood, Ohio and portions of the Cove Community Center located at 12525 Lake Avenue, Lakewood, Ohio may be made available to members of the public for use for various events and functions. Except as otherwise permitted by law, no other City property shall be made available to members of the public for use for an event, unless the event is sponsored by the City of Lakewood.

(b) Usage fees and security deposits shall be established by the Director of Finance upon 30 days written notice to Council for the use of said property.

(c) In addition to usage fees and a security deposit, users shall be responsible for reimbursing the City for security guards or grounds keepers in the amount equal to the average wage related costs of said employees per hour for the purpose of opening and closing the property and ensuring that the property is returned to its original condition.

(d) Usage fees and deposits shall be waived for the Lakewood Board of Education using the facilities for any governmental purpose or function. The Lakewood Board of Education shall be responsible for all security charges.

(e) Each user shall be required to sign a rental agreement for use of said property in a form approved by the Director of Law. Such agreement shall contain a requirement of a minimum two (2) hour rental of any property.

Section 5. 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 6. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least two thirds of the members

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