Lakewood City Council Meeting Minutes

MINUTES
OF THE REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
FEBRUARY 5, 2001 7:30 P.M.

Meeting called to order at 7:33 P.M. by President Seelie.

Pledge of Allegiance

Present: Councilmembers Brian T. Corrigan, Edward FitzGerald, Thomas J. George, Nancy J. Roth, Robert M. Seelie , Michael J. Skindell , Pamela J. Smith.
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Also Present: Mayor Cain, Law Director Spellacy, Fire Chief Mroz, Police Chief Clark, Finance Director Nogalo, Public Works Director McGuirk, Human Services Director Carey, Planning & Development Director Pietravoia, Assistant Director of Public Safety for Division of Building & Housing Thomas, Executive Assistant to the Mayor for Community Relations Brereton.
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Motion by Ms. Roth, seconded by Mr. Seelie, to adopt the minutes of the Regular Meeting of Council held January 16, 2000, without the necessity of a reading.
Motion adopted. All Members voting yea.

****OLD BUSINESS****
1. Committee of the Whole Oral Report regarding Council Appointments.
Motion by Mr. Seelie, seconded by Mr. George, to receive and file this oral report.

Motion adopted. All members voting yea.
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2. RESOLUTION NO. 7527-01 - A RESOLUTION to appoint___________________________, as Special Trustee of Lakewood Hospital Association for the full five-year term ending December 31, 2005. (Deferred 1/2/01)(Pg. 8)
Motion by Mr. Seelie, seconded by Mr. George, to amend Resolution No. 7527-01 by inserting the name David K. Halter in the appropriate blanks.

Yeas: Corrigan, FitzGerald, George, Seelie, Skindell, Smith
Nays: None
Abstention: Roth
Motion adopted.

Motion by Mr. Seelie, seconded by Mr. George to adopt Resolution No. 7527-01 as amended.

Yeas: Corrigan, FitzGerald, George, Seelie, Skindell, Smith.
Nays: None
Abstention: Roth
Resolution No. 7527-01 adopted as amended.
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3. RESOLUTION NO. 7528–01 – A RESOLUTION to appoint____________________________, as Community Trustee of Lakewood Hospital Association for the full five-year term ending December 31, 2005. (Deferred 1/2/01)(Pg. 9)

Motion by Mr. Seelie, , seconded by Mr. George, to amend Resolution No. 7528-01 by inserting the name James R. Vine in the appropriate blanks.

Yeas: Corrigan, FitzGerald, George, Seelie, Skindell, Smith
Nays: None
Abstention: Roth
Motion adopted.

Motion by Mr. Seelie, seconded by Mr. George to adopt Resolution No. 7528-01 as amended.

Yeas: Corrigan, FitzGerald, George, Seelie, Skindell, Smith.
Nays: None
Abstention: Roth
Resolution No. 7528-01 adopted as amended.
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4. RESOLUTION NO. 7529-01 – A RESOLUTION to appoint_________________________, as a Member of the Planning Commission for the full six year term ending December 31, 2006. (Deferred 1/2/01)(Pg. 10)

Motion by Mr. Seelie, , seconded by Mr. George, to amend Resolution No. 7529-01 by inserting the name Steven Ott in the appropriate blanks.

Yeas: Corrigan, FitzGerald, George, Roth, Seelie, Skindell, Smith
Nays: None
Motion adopted.

Motion by Mr. Seelie, seconded by Mr. George, to adopt Resolution No. 7529-01 as amended.

Yeas: Corrigan, FitzGerald, George, Roth, Seelie, Skindell, Smith.
Nays: None
Resolution No. 7529-01 adopted as amended.

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5. Finance Committee Oral Report regarding Ordinance No. 69-00– Appropriation Ordinance.

Motion by Mr. George, seconded by Mr. Skindell, to receive and file this oral report.

Motion adopted. All members voting yea.
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6. ORDINANCE NO. 69-00 – AN EMERGENCY ORDINANCE to establish appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2001. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 69-00 PLACED ON 1ST READING & REFERRED TO FINANCE COMMITTEE 11/20/00, PLACED ON 2ND READING 12/4/00).(Pg. 11)

Motion by Mr. George, seconded by Ms. Roth, to defer action on this Ordinance.

Motion adopted. All members voting yea.
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7. Finance Committee Oral Report regarding Ordinance No. 85-00 – Winterhurst Ice Rink Rates.

Motion by Mr. George, seconded by Mr. Seelie, to receive and file this oral report.

Motion adopted. All members voting yea.
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8. ORDINANCE NO. 85-00 – AN ORDINANCE establishing rates of admission to Winterhurst Ice Rink, located at 14740 Lakewood Heights Boulevard, Lakewood, Ohio, and superseding Ordinance 3-95 adopted September 5, 1995 and all other ordinances inconsistent herewith. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 85-00 PLACED ON 1ST READING & REFERRED TO FINANCE COMMITTEE 12/18/00, PLACED ON 2ND READING 1/2/01).(Pg. 13)

Motion by Mr. George, seconded by Mr. Seelie to amend the substitute Ordinance by deleting Section 1.

Yeas: Corrigan, FitzGerald, George, Roth, Seelie, Skindell, Smith.
Nays: None
Motion adopted. Ordinance No. 85-00 is amended.

Motion by Mr. George, seconded by Mr. Seelie to accept substitute Ordinance No. 85-00 as amended.

Yeas: Corrigan, FitzGerald, George, Roth, Seelie, Skindell, Smith.
Nays: None
Motion adopted. Ordinance No. 85-00 is amended.

Motion by Mr. George, seconded by Mr. Seelie to adopt Ordinance No. 85-00 as amended.

Yeas: Corrigan, FitzGerald, George, Roth, Seelie, Skindell, Smith.
Nays: None
Motion adopted.
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9. Finance Committee Oral Report regarding Ordinance No. 86-00 – Purchasing & Contracting Ordinance 2001.

Motion by Mr. George, seconded by Mr. Seelie, to receive and file this oral report.

Motion adopted. All members voting yea.
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10. ORDINANCE NO. 86-00 – AN EMERGENCY ORDINANCE authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Procurement Officer to enter into contracts for professional services, and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies, services and equipment as authorized by the 2001 Appropriation Ordinance and the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 86-00 PLACED ON 1ST READING & REFERRED TO FINANCE COMMITTEE 12/18/00, PLACED ON 2ND READING 1/2/01) (Pg. 16)

Motion by Mr. George, seconded by Mr. Seelie to substitute Ordinance No. 86-00

Yeas: Corrigan, FitzGerald, George, Roth, Seelie, Skindell, Smith.
Nays: None
Motion adopted. Ordinance No. 86-00 substituted.

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 86-00 as substituted.

Yeas: Corrigan, FitzGerald, George, Roth, Seelie, Skindell, Smith.
Nays: None
Motion adopted.
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11. Finance Committee Oral Report regarding Resolution No. 7519-01 – Membership Resolution 2001.

Motion by Mr. George, seconded by Mr. Seelie , to receive and file this oral report.

Motion adopted. All members voting yea.
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12. RESOLUTION NO. 7519-00 - A RESOLUTION authorizing the Director of Finance to pay the cost of memberships of municipal employees and/or Departments and Divisions in certain associations for the year 2001 and declaring such memberships to be in the public interest. (REFERRED TO FINANCE COMMITTEE 12/4/00, deferred 12/18/00)(Pg. 19)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7519–00.

Motion adopted. All members voting yea.
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13. Housing Committee Report regarding Residential Building Codes and Home Maintenance. (Pg. 23)

Motion by Mrs. Smith, seconded by Mr. Skindell, to receive and file this report.

Motion adopted. All members voting yea.
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14. ORDINANCE NO. 1-01 – AN EMERGENCY ORDINANCE to provide for the issuance of not to exceed $5,576,000 bonds of the City of Lakewood, Ohio for the purpose of providing some or all of the funds required to satisfy the City’s obligation under an agreement with the Board of Trustees of the Police and Firemen’s Disability and Pension Fund under Section 742.30 of the Ohio Revised Code, and declaring an emergency. (PLACED ON 1ST READING & REFERRED TO FINANCE COMMITTEE 1/16/01)(Pg. 25)

Motion by Mr. George, seconded by Ms. Roth, to place Ordinance No. 1-01 on Second Reading.

Motion adopted. All members voting yea.
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15. Communication from Finance Director Nogalo regarding Substitute for Various Purpose Bond Ordinance 2-01. (Pg. 29)

Motion by Mr. George, seconded by Mr. Seelie, to receive and file this communication.

Motion adopted. All members voting yea.
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16. ORDINANCE NO. 2-01 – AN EMERGENCY ORDINANCE to provide for the issuance of not to exceed $3,149,000 Bonds for various purposes.(PLEASE SUBSTITUTE FOR ORDINANCE NO. 2-01 PLACED ON 1ST READING & REFERRED TO FINANCE COMMITTEE 1/16/01) (Pg. 30)

Motion by Mr. George, seconded by Mr. Seelie, to amend Ordinance No. 2?01 to conform.

Yeas: Corrigan, FitzGerald, George, Roth, Seelie, Skindell, Smith
Nays: None.
Ordinance No. 2?01 amended to conform.

Motion by Mr. George, seconded by Ms. Roth, to place Ordinance No. 2?01 on second reading as amended.

Yeas: Corrigan, FitzGerald, George, Roth, Seelie, Skindell, Smith
Nays: None.
Ordinance No. 2?01 placed on second reading as amended.

****NEW BUSINESS****
17. Communication from Councilmember Roth regarding Commercial Development. (Pg. 35)

Motion by Ms. Roth, seconded by Mr. Skindell, to receive, file and refer this communication to the Public Works Committee.

Motion adopted. All members voting yea.
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18. Communication from Councilmember Roth regarding Resolution for Pam Smith. (Pg. 36)

Motion by Ms. Roth, seconded by Mr. Skindell, to receive, file and concur in this communication.

Motion adopted. All members voting yea.
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19. RESOLUTION NO. 7538-01 – A RESOLUTION to honor the achievements of Councilwoman Pam Smith. (Pg. 37)

Motion by Ms. Roth, seconded by Mr. Seelie, to adopt Resolution No. 7538–01.

Motion adopted. All members voting yea.
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20. Communication from Finance Director Nogalo regarding $4,105,000 City of Lakewood, Ohio Various Purpose General Obligation Bond Anticipation Notes, Series 2001. (Pg. 38)

Motion by George, seconded by Ms. Roth, to receive, file and refer this communication to the Finance Committee.

Motion adopted. All members voting yea.
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21. Fiscal Officer’s Certificate - $915,000 Municipal Buildings Bond Anticipation Notes. (Pg. 39)
Motion by Mr. George, seconded by Mr. Seelie, to receive, file and refer this certificate and those in items 23, 25, 27, 29, 31, 33, 35, 37, 39, and 41, to the Finance Committee.

Motion adopted. All members voting yea.
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22. Ordinance No. 3-01 – AN EMERGENCY ORDINANCE to provide for the issuance of $915,000 Municipal Buildings Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of renovating, furnishing and equipping municipal buildings and improving sites. (Pg. 40)

Motion by Mr. George, seconded by Mr. Skindell, to place Ordinance No. 3-01 on First Reading and refer same to the Finance Committee.

Motion adopted. All members voting yea.
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23. Fiscal Officer’s Certificate - $150,000 Franklin Boulevard Improvement Bond Anticipation Notes. (Pg. 43)
Referred to Finance Committee during item 21.
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24. ORDINANCE NO. 4-01 – AN EMERGENCY ORDINANCE to provide for the issuance of $150,000 Franklin Boulevard Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of widening a portion of Franklin Boulevard east of Warren Road. (Pg. 44)

Motion by Mr. George, seconded by Mr. Skindell, to place Ordinance No. 4-01 on First Reading and refer same to the Finance Committee.

Motion adopted. All members voting yea.
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25. Fiscal Officer’s Certificate - $230,000 Hilliard Road Improvement Bond Anticipation Notes. (Pg. 46)
Referred to Finance Committee during item 21.
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26. ORDINANCE NO. 5-01 – AN EMERGENCY ORDINANCE to provide for the issuance of $230,000 Hilliard Road Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of resurfacing Hilliard Road, together with any necessary curb and sidewalk repairs. (Pg. 47)

Motion by Mr. George, seconded by Mr. Skindell, to place Ordinance No. 5-01 on First Reading and refer same to the Finance Committee.

Motion adopted. All members voting yea.
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27. Fiscal Officer’s Certificate - $184,000 Homewood Drive Improvement Bond Anticipation Notes – City’s Portion. (Pg. 49)
Referred to Finance Committee during item 21.
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28. ORDINANCE NO. 6-01 – AN EMERGECY ORDINANCE to provide for the issuance of $184,000 Homewood Drive Improvement Bond Anticipation Notes – City’s Portion of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of paying the City’s portion of the cost of improving Homewood Drive from Lake Avenue to Edgewater Drive by reconstruction and replacement of the base and resurfacing with reinforced concrete, including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto. (Pg. 50)

Motion by Mr. George, seconded by Mr. Skindell, to place Ordinance No. 6-01 on First Reading and refer same to the Finance Committee.

Motion adopted. All members voting yea.
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29. Fiscal Officer’s Certificate - $46,000 Homewood Drive Improvement Bond Anticipation Notes – Property Owners’ Portion. (Pg. 52)
Referred to Finance Committee during item 21.
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30. ORDINANCE NO. 7-01 – AN EMERGENCY ORDINANCE to provide for the issuance of $46,000 Homewood Drive Improvement Bond Anticipation Notes – Property Owners’ Portion of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of paying the property owners’ portion, in anticipation of the levy and collection of special assessments, of the cost of improving Homewood Drive from Lake Avenue to Edgewater Drive by reconstruction and replacement of the base and resurfacing with reinforced concrete, including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto. (Pg. 53)

Motion by Mr. George, seconded by Mr. Skindell, to place Ordinance No. 7-01 on First Reading and refer same to the Finance Committee.

Motion adopted. All members voting yea.
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31. Fiscal Officer’s Certificate - $184,000 Gold Coast Lane Improvement Bond Anticipation Notes – City’s Portion. (Pg. 55)
Referred to Finance Committee during item 21.
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32. ORDINANCE NO. 8-01 – AN EMERGENCY ORDINANCE to provide for the issuance of $184,000 Gold Coast Lane Improvement Bond Anticipation Notes – City’s Portion of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of paying the City’s portion of the cost of improving Gold Coast Lane from Lake Avenue northerly approximately 250 feet by reconstruction and replacement of the base and resurfacing with reinforced concrete, including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto. (Pg. 56)

Motion by Mr. George, seconded by Mr. Skindell, to place Ordinance No. 8-01 on First Reading and refer same to the Finance Committee.

Motion adopted. All members voting yea.
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33. Fiscal Officer’s Certificate - $46,000 Gold Coast Lane Improvement Bond Anticipation Notes – Property Owners’ Portion. (Pg. 58)
Referred to Finance Committee during item 21.
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34. ORDINANCE NO. 9-01 – AN EMERGENCY ORDINANCE to provide for the issuance of $46,000 Gold Coast Lane Improvement Anticipation Notes – Property Owners’ Portion of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of paying the property owners’ portion, in anticipation of the levy and collection of special assessments, of the cost of improving Gold Coast Lane from Lake Avenue northerly approximately 250 feet by reconstruction and replacement of the base and resurfacing with reinforced concrete, including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto. (Pg. 59)

Motion by Mr. George, seconded by Mr. Skindell, to place Ordinance No. 9-01 on First Reading and refer same to the Finance Committee.

Motion adopted. All members voting yea.
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35. Fiscal Officer’s Certificate - $216,000 Forest Road Improvement Bond Anticipation Notes – City’s Portion. (Pg. 61)
Referred to Finance Committee during item 21.
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36. ORDINANCE NO. 10-01 – AN EMERGENCY ORDINANCE to provide for the issuance of $216,000 Forest Road Improvement Bond Anticipation Notes – City’s Portion of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of paying the City’s portion of the cost of improving Forest Road from Lake Road approximately 710 feet to the south cul-de-sac at Clifton Boulevard by reconstruction and replacement of the base and resurfacing with an asphalt overlay on a concrete base, including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto. (Pg. 62)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 10-01 on First Reading and refer same to the Finance Committee.

Motion adopted. All members voting yea.
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37. Fiscal Officer’s Certificate - $54,000 Forest Road Improvement Bond Anticipation Notes – Property Owners’ Portion. (Pg. 64)
Referred to Finance Committee during item 21.
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38. ORDINANCE NO. 11-01 – AN EMERGENCY ORDINANCE to provide for the issuance of $54,000 Forest Road Improvement Bond Anticipation Notes – Property Owners’ Portion of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of paying the property owners’ portion, in anticipation of the levy and collection of special assessments, of the cost of improving Forest Road from Lake Road approximately 710 feet to the south cul-de-sac at Clifton Boulevard by reconstruction and replacement of the base and resurfacing with an asphalt overlay on a concrete base, including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto. (Pg. 65)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 11-01 on First Reading and refer same to the Finance Committee.

Motion adopted. All members voting yea.
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39. Fiscal Officer’s Certificate - $1,500,000 Wastewater Treatment Plant Improvement Bond Anticipation Notes. (Pg. 67)
Referred to Finance Committee during item 21/
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40. ORDINANCE NO. 12-01 – AN EMERGENCY ORDINANCE to provide for the issuance of $1,500,000 Wastewater Treatment Plant Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving the City’s wastewater treatment plant. (Pg. 68)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 12-01 on First Reading and refer same to the Finance Committee.

Motion adopted. All members voting yea.
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41. Fiscal Officer’s Certificate - $580,000 Sewer Replacement Bond Anticipation Notes.(Pg. 70)
Referred to Finance Committee during item 21.
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42. ORDINANCE NO. 13-01 – AN EMERGENCY ORDINANCE to provide for the issuance of $580,000 Sewer Replacement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving certain streets as designated by Council by replacing storm and sanitary sewers, together with any necessary appurtenances thereto. (Pg. 71)

Motion by Mr. George, seconded by Mr. Skindell, to place Ordinance No. 13-01 on First Reading and refer same to the Finance Committee.

Motion adopted. All members voting yea.
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43. Communication from Police Chief Clark regarding FY 2000 Local Law Enforcement Block Grant. (Pg. 73)

Motion by Mr. George, seconded by Mr. Seelie, to receive and file this communication.

Motion adopted. All members voting yea.
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44. RESOLUTION NO. 7539-01 – A RESOLUTION authorizing and directing the Chief of Police, on behalf of the City, to accept and expend grant funds from the Bureau of Justice Assistance for the purpose of purchasing a community notification system through the LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD. (Pg. 74)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7539–01.

Motion adopted. All members voting yea.
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45. Communication from Planning & Development Director Pietravoia regarding Funding Allocation Recommendations for Additional Fiscal Year 2001 CDBG Dollars and Substantial Change to Budget of Unspent CDBG Dollars. (Pg. 75)

Motion by Mr. George, seconded by Mr. Seelie, to receive and file this communication.
Motion adopted. All members voting yea.

Motion by Mr. Skindell, seconded by Mr. Seelie, to receive and file the attached communication from CAC Antonio.

Motion adopted. All members voting yea.
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46. RESOLUTION NO. 7540-01 – A RESOLUTION authorizing and directing the Mayor to submit budget adjustments to the Fiscal Year (“FY”) 2001 One-Year Action Plan of the Consolidated Plan, which includes dollar allocations and activities for federal Community Development Block Grant (“CDBG”) funds, and incorporates the City’s application for CDBG funds, HOME Investment Partnership funds, Emergency Shelter Grant (“ESG”) funds, and all amendments thereto and all understandings and assurances contained therein, to the U.S. Department of Housing and Urban Development (HUD). (Pg. 78)

Motion by Mr. Seelie, seconded by Mr. George, to adopt Resolution No. 7540–01.

Motion adopted. All members voting yea.
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47. RESOLUTION NO. 7541-01 – A RESOLUTION authorizing and directing the Mayor to submit budget adjustments to the Fiscal Year (“FY”) 2001 One-Year Action Plan of the Consolidated Plan, which includes dollar allocations and activities for federal Community Development Block Grant (“CDBG”) funds, and incorporates the City’s application for CDBG funds, HOME Investment Partnership funds, Emergency Shelter Grant (“ESG”) funds, and all amendments thereto and all understandings and assurances contained therein, to the U.S. Department of Housing and Urban Development (HUD).
(Duplicate item removed from docket by the Clerk)
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48. Liquor Permit Application for a D1 transfer to Wah Fung, Inc, d/b/a Wah Fung Panda Wok, 1512 W. 117th St, Lakewood, OHIO 44107 from Wah Fung Inc, 11713 Detroit Avenue, Lakewood, Ohio. (Pg. 80)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to file no objection to this liquor permit application.

Motion adopted. All members voting yea.
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Meeting adjourned 9:03 P.M.

Approved:___________________ ________________________
PRESIDENT

________________________
CLERK