Lakewood City Council Meeting Minutes

MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
MARCH 4, 2002
7:30 P.M.

Regular Meeting of the Lakewood City Council called to order at 7:44 P.M. by President Seelie.

Pledge of Allegiance

Roll Call

Moment of Silence
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Present: Councilmembers Brian T. Corrigan, Denis P. Dunn, Edward FitzGerald, Thomas J. George, Nancy J. Roth, Robert Mr. Seelie, Michael J. Skindell.
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Also Present: Mayor Cain, Law Director Spellacy, Police Chief Clark, Fire Chief Mroz, Finance Director Blasko, Public Works Director Boag, Planning & Development Director Pietravoia, Executive Assistant to the Mayor Benjamin, Human Services Director Carey, Assistant Safety Director for the Division of Building & Housing Gallagher.
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Motion by Mr. George, seconded by Mr. Seelie, defer action on the minutes of February 4, 2002 and February 19, 2002.

Motion adopted. All members voting yea.
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{Without objection from Council, Items 87 and 88 were brought to the beginning of the agenda}

***OLD BUSINESS****

1. Finance Committee Oral Report regarding Madison Pool House Renovation.

Finance Committee Oral Report was provided by Mr. George. Mr. George said a written report would be prepared for the March 18, 2002 meeting.

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

Motion adopted. All members voting yea.
….

2. ORDINANCE NO. 9-02 - AN EMERGENCY ORDINANCE establishing rates of admission to the Lakewood Municipal Swimming Pools located at Lakewood Park and Madison Park, and superseding Ordinance No. 21-91 adopted May 6, 1991 and all other ordinances inconsistent herewith. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/19/02)(Pg. 11)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 9-02 on Second Reading.

Mr. George informed the President that further information was requested in Committee and it was anticipated to be available by the next meeting.

Motion adopted. All members voting yea.
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In addressing Ordinance Nos. 10-02 57-02 Mr. Skindell indicated a ruling from the Law Department allowed for a blanket motion to place the ordinances on second reading and refer them back to the Rules & Ordinances Committee.

Motion by Mr. Skindell, seconded by Mr. George, to place Ordinances Nos. 10-02 through and including 57-02 - Items 3-50 on the docket on second reading and refer them back to the Rules & Ordinances Committee.

{*Ordinance Nos. 10-02 through and including Ordinance No. 57-02 have been placed on 1st Reading and Referred to the Rules & Ordinances Committee 2/19/02}

3. ORDINANCE NO. 10-02 - AN ORDINANCE to amend section 501.01, Definitions, of the Codified Ordinances of the City of Lakewood in order to update and to include new definitions from the Ohio Revised Code. *(Pg. 14)

4. ORDINANCE NO. 11-02 - AN ORDINANCE to amend section 501.04, Rules of Construction, of the Codified Ordinances of the City of Lakewood for the purpose of including a general provision that construes a reference to a prior conviction in the Codified Ordinances to also apply to any substantially equivalent offense and to remain consistent with the Ohio Revised Code. *(Pg. 18)

5.ORDINANCE NO. 12-02 - AN ORDINANCE to amend section 501.05, Criminal Law Jurisdiction, of the Codified Ordinances of the City of Lakewood for the purpose of including subject matter jurisdiction for persons disseminating images or information into the municipality, in violation of law, by means of a computer or telecommunications devices, to define such terms and to remain consistent with the Ohio Revised Code. *(Pg. 20)

6. ORDINANCE NO. 13-02 - AN ORDINANCE to amend section 501.07, Requirements for Criminal Liability, of the Codified Ordinances of the City of Lakewood for the purpose of making the section gender neutral, defining intoxication, defining the extent that voluntary intoxication is admissible and to remain consistent with the Ohio Revised Code. *(Pg. 23)

7. ORDINANCE NO. 14-02 - AN ORDINANCE to amend section 509.03, Disorderly Conduct; Intoxication, of the Codified Ordinances of the City of Lakewood for the purpose of elevating the penalty where the offense is committed in the presence of law enforcement or emergency personnel and to remain consistent with the Ohio Revised Code. *(Pg. 25)

8. ORDINANCE NO. 15-02 - AN ORDINANCE to amend section 509.05, Misconduct at an Emergency, of the Codified Ordinances of the City of Lakewood for the purpose of making this section gender neutral, escalating the penalty where the violation creates a substantial risk of physical harm, defining emergency medical services person and to remain consistent with the Ohio Revised Code. *(Pg. 28)

9. ORDINANCE NO. 16-02 - AN ORDINANCE to enact new section 509.11, Inciting to Violence, of the Codified Ordinances of the City of Lakewood for the purpose of creating a new offense and to remain consistent with the Ohio Revised Code. *(Pg. 30)

10. ORDINANCE NO. 17-02 - AN ORDINANCE to amend section 513.01, Definitions, of the Codified Ordinances of the City of Lakewood for the purpose of including new definitions and update existing definitions pursuant to changes in the Ohio Revised Code. *(Pg. 31)

11. ORDINANCE NO. 18-02 - AN ORDINANCE to amend section 513.03, Drug Abuse, of the Codified Ordinances of the City of Lakewood for the purpose of removing the requirement that a prescription drug be stored in its original container and to remain consistent with the Ohio Revised Code. *(Pg. 40)

12. ORDINANCE NO. 19-02 - AN ORDINANCE to amend section 517.02(d)(2)C, Gambling, of the Codified Ordinances of the City of Lakewood for the purpose of allowing the lease of premises by a veteran's or fraternal organization to a charitable organization for a festival involving games of chance where the veteran's or fraternal organization has already leased the premises four times in the preceding year and to remain consistent with the Ohio Revised Code. *(Pg. 42)

13. ORDINANCE NO. 20-02 - AN ORDINANCE to amend section 517.06(b)(4), Methods of Conducting a Bingo Game; Prohibitions, of the Codified Ordinances of the City of Lakewood for the purpose of allowing a volunteer firefighter's organization or volunteer rescue service organization to conduct more than two bingo sessions in a seven day period, but not more than five in one year, where the organization notifies the Ohio Attorney General when the sessions will be conducted and to remain consistent with the Ohio Revised Code. *(Pg. 44)

14. ORDINANCE NO. 21-02 - AN ORDINANCE to amend section 525.01(e), Definitions, of the Codified Ordinances of the City of Lakewood for the purpose of expanding the definition of "detention" and to remain consistent with the Ohio Revised Code. *(Pg. 46)

15. ORDINANCE NO. 22-02 - AN ORDINANCE to amend section 525.03, Impersonation of a Peace Officer or Private Policeman, of the Codified Ordinances of the City of Lakewood for the purpose of including police officers employed by the regional transit authority and special police officers employed by a port authority, to make this section gender neutral and to remain consistent with the Ohio Revised Code. *(Pg. 48)

16. ORDINANCE NO. 23-02 - AN ORDINANCE to amend section 525.08, Obstructing Justice, of the Codified Ordinances of the City of Lakewood for the purpose of further defining the crime and to remain consistent with the Ohio Revised Code. *(Pg. 50)

17. ORDINANCE NO. 24-02 - AN ORDINANCE to amend section 525.09, Resisting Arrest, of the Codified Ordinances of the City of Lakewood for the purpose of escalating the penalty where an individual causes physical harm to a police officer and to remain consistent with the Ohio Revised Code. *(Pg. 52)

18. ORDINANCE NO. 25-02 - AN ORDINANCE to amend section 525.11, Soliciting or Receiving Improper Compensation, of the Codified Ordinances of the City of Lakewood for the purpose of making this section gender neutral and to remain consistent with the Ohio Revised Code. *(Pg. 53)

19. ORDINANCE NO. 26-02 - AN ORDINANCE to amend section 525.12, Dereliction of Duty, of the Codified Ordinances of the City of Lakewood for the purpose of defining public servant and to remain consistent with the Ohio Revised Code. *(Pg. 55)

20. ORDINANCE NO. 27-02 - AN ORDINANCE to enact new section 525.17, False Allegation of Peace Officer Misconduct, of the Codified Ordinances of the City of Lakewood and to remain consistent with the Ohio Revised Code. *(Pg. 57)

21. ORDINANCE NO. 28-02 - AN ORDINANCE to amend section 529.04, Liquor Consumption in Motor Vehicle, of the Codified Ordinances of the City of Lakewood for the purpose of excluding the consumption of liquor in a limousine as permitted by Lakewood Codified Ordinance 529.07 as a violation of this offense and to remain consistent with the Ohio Revised Code. *(Pg. 58)

22. ORDINANCE NO. 29-02 - AN ORDINANCE to amend section 529.07, Open Container Prohibited, of the Codified Ordinances of the City of Lakewood to include additional exceptions for persons riding as guests or passengers in the rear compartment of a chauffeured limousine and to remain consistent with the Ohio Revised Code. *(Pg. 59)

23. ORDINANCE NO. 30-02 - AN ORDINANCE to enact new section 529.11, Low-Alcohol Beverages: Sale to and Purchase by Underage Persons Prohibited, of the Codified Ordinances of the City of Lakewood for the purpose of remaining consistent with the Ohio Revised Code. *(Pg. 61)

24. ORDINANCE NO. 31-02 - AN ORDINANCE to amend section 533.06, Voyeurism, of the Codified Ordinances of the City of Lakewood for the purpose of expanding the crime, creating new penalties and remaining consistent with the Ohio Revised Code. *(Pg. 63)

25. ORDINANCE NO. 32-02 - AN ORDINANCE to enact a new section 533.091, Loitering to Engage in Solicitation, of the Codified Ordinances of the City of Lakewood for the purpose of remaining consistent with the Ohio Revised Code. *(Pg. 65)

26. ORDINANCE NO. 33-02 - AN ORDINANCE to amend section 537.01, Negligent Homicide, of the Codified Ordinances of the City of Lakewood for the purpose of including the unlawful termination of another's pregnancy and to remain consistent with the Ohio Revised Code. *(Pg. 67)

27. ORDINANCE NO. 34-02 - AN ORDINANCE to amend section 537.02, Vehicular Homicide and Manslaughter, of the Codified Ordinances of the City of Lakewood for the purpose of remaining consistent with the Ohio Revised Code. *(Pg. 68)

28. ORDINANCE NO. 35-02 - AN ORDINANCE to amend section 537.03, Assault, of the Codified Ordinances of the City of Lakewood for the purpose of including harm to another's unborn and to remain consistent with the Ohio Revised Code. *(Pg. 71)

29. ORDINANCE NO. 36-02 - AN ORDINANCE to amend section 537.04, Negligent Assault, of the Codified Ordinances of the City of Lakewood for the purpose of including harm to another's unborn and to remain consistent with the Ohio Revised Code. *(Pg. 72)

30. ORDINANCE NO. 37-02 - AN ORDINANCE amending section 537.05, Aggravated Menacing, of the Codified Ordinances of the City of Lakewood for the purpose of including harm to another's unborn and to remain consistent with the Ohio Revised Code. *(Pg. 73)

31. ORDINANCE NO. 38-02 - AN ORDINANCE to amend section 537.055(a)(2)A, Menacing by Stalking, of the Codified Ordinances of the City of Lakewood for the purpose of further defining "pattern of conduct" and to remain consistent with the Ohio Revised Code. *(Pg. 74)

32. ORDINANCE NO. 39-02 - AN ORDINANCE to amend section 537.10, Telephone Harassment, of the Codified Ordinances of the City of Lakewood for the purpose of expanding the crime to include any telecommunication and to remain consistent with the Ohio Revised Code. *(Pg. 75)

33. ORDINANCE NO. 40-02 - AN ORDINANCE to repeal section 537.12, Party Lines to be Yielded in Emergencies, of the Codified Ordinances of the City of Lakewood as party lines no longer exist. *(Pg. 77)

34. ORDINANCE NO. 41-02 - AN ORDINANCE to enact new section 537.12, Misuse of 9-1-1 System, of the Codified Ordinances of the City of Lakewood for the purpose of remaining consistent with the Ohio Revised Code. *(Pg. 78)

35. ORDINANCE NO. 42-02 - AN ORDINANCE to amend section 541.02, Arson, of the Codified Ordinances of the City of Lakewood for the purpose of making the section gender neutral, raising the value of the property damaged for the crime to remain a misdemeanor and to remain consistent with the Ohio Revised Code. *(Pg. 79)

36. ORDINANCE NO. 43-02 - AN ORDINANCE to amend section 545.01, Definitions, of the Codified Ordinances of the City of Lakewood for the purpose of updating existing definitions, creating new definitions and remaining consistent with the Ohio Revised Code. *(Pg. 81)

37. ORDINANCE NO. 44-02 - AN ORDINANCE to amend section 545.02, Determining Property Value in Theft Offense, of the Codified Ordinances of the City of Lakewood for the purpose of remaining consistent with the Ohio Revised Code. *(Pg. 85)

38. ORDINANCE NO. 45-02 - AN ORDINANCE to amend section 545.05, Petty Theft, of the Codified Ordinances of the City of Lakewood for the purpose of increasing the value of the property involved for the crime to remain a misdemeanor, including theft by intimidation and to remain consistent with the Ohio Revised Code. *(Pg. 87)

39. ORDINANCE NO. 46-02 - AN ORDINANCE to enact new section 545.07, Insurance Fraud, of the Codified Ordinances of the City of Lakewood for the purpose remaining consistent with the Ohio Revised Code. *(Pg. 89)

40. ORDINANCE NO. 47-02 - AN ORDINANCE to amend section 545.08, Unauthorized Use of Property, of the Codified Ordinances of the City of Lakewood for the purpose of escalating the penalty where the purpose of committing the offense is to devise or execute a scheme to defraud or obtain property or services and remaining consistent with the Ohio Revised Code. *(Pg. 91)

41. ORDINANCE NO. 48-02 - AN ORDINANCE to amend section 545.09(d), Passing Bad Checks, of the Codified Ordinances of the City of Lakewood for the purpose of increasing the dollar amount of the check or negotiable instrument for the crime to remain a misdemeanor and to remain consistent with the Ohio Revised Code. *(Pg. 93)

42. ORDINANCE NO. 49-02 - AN ORDINANCE to amend section 545.10(d), Misuse of Credit Cards, of the Codified Ordinances of the City of Lakewood for the purpose of designating the crime, where the retail value of property obtained with the credit card, is less than five hundred dollars ($500) a misdemeanor and remaining consistent with the Ohio Revised Code. *(Pg. 94)

43. ORDINANCE NO. 50-02 - AN ORDINANCE to amend section 545.14, Tampering with Records, of the Codified Ordinances of the City of Lakewood to set a monetary limit and other restrictions for the crime to remain a misdemeanor and for the purpose of remaining consistent with the Ohio Revised Code. (PLEASE SUBSTITUTE for Ordinance No. 50-02. Placed on 1st Reading and Referred to the Rules and Ordinances Committee 2/19/02.)*(Pg. 95)

44. ORDINANCE NO. 51-02 - AN ORDINANCE to amend section 545.15, Securing Writings by Deception, of the Codified Ordinances of the City of Lakewood for the purpose of increasing the value of the property or obligation involved for the crime to remain a misdemeanor and to remain consistent with the Ohio Revised Code. *(Pg. 97)

45. ORDINANCE NO. 52-02 - AN ORDINANCE to amend section 545.18, Receiving Stolen Property, of the Codified Ordinances of the City of Lakewood for the purpose of raising the value of the property involved for the crime to remain a misdemeanor and to remain consistent with the Ohio Revised Code. *(Pg. 98)

46. ORDINANCE NO. 53-02 - AN ORDINANCE to enact a new section 545.20, Criminal Simulation, of the Codified Ordinances of the City of Lakewood for the purpose of remaining consistent with the Ohio Revised Code. *(Pg. 99)

47. ORDINANCE NO. 54-02 - AN ORDINANCE to enact new section 545.21, Taking the Identity of Another, of the Codified Ordinances of the City of Lakewood for the purpose of remaining Consistent with the Ohio Revised Code. *(Pg. 100)

48. ORDINANCE NO. 55-02 - AN ORDINANCE to enact new section 549.120, Possessing Replica Firearm in School, of the Codified Ordinances of the City of Lakewood for the purpose of remaining consistent with the Ohio Revised Code. *(Pg. 102)

49. ORDINANCE NO. 56-02 - AN ORDINANCE to amend section 553.01, Obstructing Streets by Railroad Companies, of the Codified Ordinances of the City of Lakewood for the purpose of further regulating the obstruction of streets by railroad companies and to remain consistent with the Ohio Revised Code. *(Pg. 104)

50. ORDINANCE NO. 57-02 - AN ORDINANCE to enact new section 553.011, Obstructing Streets by Abandoning the Locomotive, of the Codified Ordinances of the City of Lakewood for the purpose of remaining consistent with the Ohio Revised Code. *(Pg. 106)

Mr. Skindell indicated the ordinances were being discussed in detail in Committee.

Mr. Seelie called the motion to place the ordinances on second reading.
Motion adopted. All members voting yea.

****NEW BUSINESS****

51. Communication from Law Director Spellacy regarding Amendments to the Traffic and Criminal Code. (Pg. 107)

Motion by Mr. Seelie, seconded by Mr. Skindell, to receive, file and refer this communication to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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Motion by Mr. Skindell, seconded by Mr. Seelie to place on 1st Reading and refer Ordinances No. 58-02 through and including 80-02 (Nos. 52 through 74), to the Rules & Ordinances Committee.

(the ordinances were read before the vote)
52. ORDINANCE NO. 58-02 - AN ORDINANCE to amend section 537.06, Menacing, of the Codified Ordinances of the City of Lakewood for the purpose of including the threat of harm to another's unborn and to remain consistent with the Ohio Revised Code. (Pg. 108)

53. ORDINANCE NO. 59-02 - AN ORDINANCE to amend section 301.20, Motor Vehicle, of the Lakewood Codified Ordinances of the City of Lakewood for the purpose of expanding the definition of motor vehicle and to be consistent with the Ohio Revised Code. (Pg. 109)

54. ORDINANCE NO. 60-02 - AN ORDINANCE to amend section 301.27, Public Safety Vehicle, of the Codified Ordinances of the City of Lakewood to include gender neutral language and to include vehicles used by the Public Utilities Commission and so that it is consistent with the Ohio Revised Code. (Pg. 111)

55. ORDINANCE NO. 61-02 - AN ORDINANCE to enact a new section 301.52, Wheelchair, Motorized, of the Codified Ordinances of the City of Lakewood for the purpose of defining a motorized wheelchair and to be consistent with the Ohio Revised Code. (Pg. 113)

56. ORDINANCE NO. 62-02 - AN ORDINANCE to amend section 303.045, Emergency, Public Safety and Coroner's Vehicles Excepted, of the Codified Ordinances of the City of Lakewood to include coroner's vehicles as those excepted from certain traffic violations and to be consistent with the Ohio Revised Code. (Pg. 114)

57. ORDINANCE NO. 63-02 - AN ORDINANCE to amend Section 303.99, Traffic Code Misdemeanor Classifications and Penalties, of the Codified Ordinances of the City of Lakewood for the purpose of creating enhanced penalties for traffic code violations that occur within construction zones and remaining consistent with the Ohio Revised Code. (Pg. 116)

58. ORDINANCE NO. 64-02 - AN ORDINANCE to amend 331.15, Hand and Arm Signals, of the Codified Ordinances of the City of Lakewood to provide alternative hand and arm signals to riders of bicycles and to be consistent with the Ohio Revised Code. (Pg. 119)

59. ORDINANCE NO. 65-02 - AN ORDINANCE to amend section 331.21 Right of Way of Public Safety Vehicles, of the Codified Ordinances of the City of Lakewood for the purpose of including coroner's vehicles and to be consistent with the Ohio Revised Code. (Pg. 120)

60. ORDINANCE NO. 66-02 - AN ORDINANCE to amend section 331.38, Stopping for School Bus; Discharging Children, of the Codified Ordinances of the City of Lakewood for the purpose of including buses carrying children who attend a program offered by a head start agency and to remain consistent with the Ohio Revised Code. (Pg. 122)

61. ORDINANCE NO. 67-02 - AN ORDINANCE to enact a new section 331.47, Shortcutting; Avoiding Traffic Control Devices, of the Codified Ordinances of the City of Lakewood for the purpose of preventing vehicles from traveling upon private property to avoid traffic control devices and to remain consistent with the Ohio Revised Code. (Pg. 125)

62. ORDINANCE NO. 68-02 - AN ORDINANCE to amend section 333.01, Driving or Physical Control While Under the Influence; Evidence, of the Codified Ordinances of the City of Lakewood for the purpose of updating the entire section. (Pg. 126)

63. ORDINANCE NO. 69-02 - AN ORDINANCE to amend section 337.02(a), Lighted Lights; Measurement of Distances and Heights, of the Codified Ordinances of the City of Lakewood for the purpose of requiring motor vehicles to display lighted lights from sunset to sunrise and to remain consistent with the Ohio Revised Code. (Pg. 139)

64. ORDINANCE NO. 70-02 - AN ORDINANCE to amend section 337.10, Lights on Slow-Moving Vehicles; Emblem Required, of the Codified Ordinances of the City of Lakewood for the purpose of remaining consistent with the Ohio Revised Code. (Pg. 141)

65. ORDINANCE NO. 71-02 - AN ORDINANCE to amend section 337.16, Number of Lights; Limitations on Flashing, Oscillating or Rotating Lights, of the Codified Ordinances of the City of Lakewood for the purpose of excluding the use of warning lights or simultaneous flashing turn signals on disabled vehicles and vehicles being operated in disfavorable weather conditions and to remain consistent with the Ohio Revised Code. (Pg. 144)

66. ORDINANCE NO. 72-02 - AN ORDINANCE to amend section 337.22, Sign or Poster Upon Windshield; Windshield Wiper, of the Codified Ordinances of the City of Lakewood to require that motor vehicles being operated on a street or highway be equipped with a windshield and to remain consistent with the Ohio Revised Code. (Pg. 146)

67. ORDINANCE NO. 73-02 - AN ORDINANCE to amend section 337.24, Motor Vehicle Stop Lights, of the Codified Ordinances of the City of Lakewood for the purpose of including trailers, semitrailers, and pole trailers and to create an exception for vehicles manufactured or assembles prior to January 1, 1967 and to remain consistent with the Ohio Revised Code. (Pg. 148)

68. ORDINANCE NO. 74-02 - AN ORDINANCE to amend section 337.32, Drivers and Passengers Required to Wear Seat Belts; Penalty, of the Codified Ordinances of the City of Lakewood for the purpose of classifying the offense as a minor misdemeanor and to remain consistent with the Ohio Revised Code. (Pg. 150)

69. ORDINANCE NO. 75-02 - AN ORDINANCE to enact a new section 337.35, Directional Signals Required, of the Codified Ordinances of the City of Lakewood for the purpose of requiring motor vehicles to be equipped with electrical or mechanical directional signals and to remain consistent with the Ohio Revised Code. (Pg. 153)

70. ORDINANCE NO. 76-02 - AN ORDINANCE to amend section 339.03, Maximum Width, Height and Length, of the Codified Ordinances of the City of Lakewood for the purpose of including a maximum width and height for recreational vehicles, defining recreational vehicles, and to remain consistent with the Ohio Revised Code. (Pg. 154)

71. ORDINANCE NO. 77-02 - AN ORDINANCE to amend section 339.07, Towing Requirements, of the Codified Ordinances of the City of Lakewood, for the purpose of creating exceptions for agricultural tractors, pickup trucks or straight trucks designed to carry between one half ton and two tons when used to tow agricultural produce and to remain consistent with the Ohio Revise Code. (Pg. 158)

72. ORDINANCE NO. 78-02 - AN ORDINANCE to amend section 341.02(a), Exclusions, of the Codified Ordinances of the City of Lakewood for the purpose of excluding commercial motor vehicles operated by a municipal government for the purpose of removing snow and ice, a vehicle owned by the Department of Defense and operated by a member of the armed forces, a commercial motor vehicle operated for nonbusiness purposes from the requirement of having a commercial drivers license and to remain consistent with the Ohio Revised Code. (Pg. 161)

73. ORDINANCE NO. 79-02 - AN ORDINANCE to amend section 351.23, Methods of Parking of the Codified Ordinances of the City of Lakewood for the purpose of remaining consistent with the Ohio Revised Code. (Pg. 163)

74. ORDINANCE NO. 80-02 - AN ORDINANCE to amend section 351.99, Penalty and Waiver, of the Codified Ordinances of the City of Lakewood for the purpose of increasing the penalty for parking in violation of Lakewood Codified Ordinance 351.23 and to remain consistent with the Ohio Revised Code. (Pg. 167)

(On the motion to place on 1st Reading & refer the ordinances to the Rules & Ordinances Committee the motion was called)
Motion adopted. All members voting yea.
….
75. Communication from Planning & Development Director Pietravoia regarding Lead Safe Cuyahoga (LSC) Grant - Lead-Based Paint Hazard Control Program. (Pg. 169)

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

Motion adopted. All members voting yea.
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76. RESOLUTION NO. 7635-02 - AN EMERGENCY RESOLUTION authorizing and directing the Mayor or her designee to enter into an agreement with the Cuyahoga County Health Department and the Cuyahoga County Department of Development (the "COUNTY") to accept and expend federal grant funds awarded to the City of Lakewood to participate in the Lead Safe Cuyahoga ("LSC") Lead-Based Paint Hazard Control Program. (Pg. 170)

Motion by Mr. George, seconded by Mr. Seelie, to place Resolution No. 7635-02 on 1st Reading & refer it to the Finance Committee.

Motion adopted. All members voting yea.
….
77. ORDINANCE NO. 81-02 - AN EMERGENCY ORDINANCE creating a new section within Chapter 129 of the Codified Ordinances of the City of Lakewood entitled Lead Safe Cuyahoga ("LSC") Lead-Based Paint Hazard Control Program Fund and authorizing the Director of Finance to establish such a fund. (Pg. 171)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 81-02 on First Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
….
78. Communication from Finance Director Blasko regarding Amendment to Permanent Appropriation Ordinance 7-02. (Pg. 172)

The Law Director addressed the numbering Of Ordinance No. 82-02 recommending amending it to read Ordinance No. 7-02A.

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

Motion adopted. All members voting yea.
….

79. ORDINANCE NO. 82-02 7-02A - AN EMERGENCY ORDINANCE to amend Ordinance No. 7-02, passed February 19, 2002, for the purpose of establishing additional appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2002. (Pg. 173)

Motion by Mr. George, seconded by Ms. Roth, to place Ordinance No. 7-02A on First Reading.

Mr. Seelie asked the Law Director draft legislation that expanded on the trust but verify ordinance created in 1995. He said he would like an ordinance that contained a not-to-exceed amount, a dollar figure, for professional services; architectural drawings. Mr. Seelie also asked that something written be provided in the orientation packets for Board and Commission members stressing the financial impact of their decisions with regard to re-drafts in architectural designs. Mr. Seelie said this would be helpful for both public and private projects.

Whether too much emphasis on the cost to re-configure would inhibit the Board or Commission's function and the subjective factors involved in architectural decisions were discussed.

The suggestion of establishing a criteria to better identify specifications as opposed to indicating a dollar figure was posed.

Mr. Spellacy indicated he could insert language in individual contracting ordinances. He referred to page 178 of the docket regarding the ordinance on the Pool House and read Section 1. He said he could draft wording that included an amount not exceed ten percent of total contracting authority.

Whether the burden should fall on the architect to satisfy the requirements of the various boards and the various processes for review was discussed.

Discussion was had on whether to insert the language in future contracting ordinances or to draft an ordinance that would ensure the language was inserted in future contracting ordinances making it more than policy.

Having two separate ordinances; one addressing architectural fees and the other addressing contracting costs was discussed. The idea of employing city architects was mentioned as a tool other cities used.

The motion was called to place the ordinance on 1st reading.
Motion adopted. All members voting yea.
….
80. Communication from Public Works Director Boag regarding Contracting Authority for Madison Pool House Project. (Pg. 177)

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

Motion adopted. All members voting yea.
….
81. ORDINANCE NO. 68-01A - AN EMERGENCY ORDINANCE amending Ordinance No. 68-01, passed February 4, 2002, for the purpose of increasing the contracting authority for the Director of Public works to engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Park Improvements in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg. 178)

Motion by Mr. George, seconded by Mr. Skindell, to place Ordinance No. 68-01A on First Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
….

82. Communication from Public Works Director Boag regarding Ordinance to Proceed - Homewood Drive Street Reconstruction. (Pg. 180)

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

Discussion on whether Homewood residents got a cheaper price for their sidewalks than what the City had to offer because the contractor didn't pay prevailing wage. The Administration responded that one resident opted for the City to do the sandstone work and the rest of the homeowners (ten) opted out - the one resident is having the sandstone completely replaced while the others are replacing slabs that are broken and leaving some slabs in place.

Motion adopted. All members voting yea.
….
83. ORDINANCE NO. 45-01A - AN EMERGENCY ORDINANCE to amend Ordinance No. 45-01, passed September 17, 2001, to include additional improvements to the sidewalk and tree law abutting Homewood Drive in the City of Lakewood, Ohio. (Pg. 181)

Motion by Mr. George, seconded by Mr. Seelie, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 45-01A on final reading.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie.
Nays: Skindell
Motion adopted. Rules suspended.

Motion by Mr. Seelie, seconded by Ms. Roth to amend the ordinance as provided
Motion adopted. All members voting yea.

Motion by Mr. Seelie, seconded by Mr. George, to adopt Ordinance No. 45-01A.

Mr. Skindell asked why the Administration asked Council to suspend the readings on the ordinance. Public Works Director Boag said the residents were satisfied and there was no reason to delay.

The increased cost to the City for unique lighting was discussed. If the increased lighting costs balanced out in the anticipated increase in property values and tax money received were further discussed. Acknowledgement was given to Homewood residents for saving money on working out their solution to sidewalks.

A policy for sandstone in ordinance form was requested.

The motion was called.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Motion adopted. Ordinance 45-01A adopted.
….
{Item # 84 was brought forward first in the agenda}
84. Communication from Councilmember Dunn regarding A Resolution to Declare March "Harvest for Hunger Month" in Lakewood. (Pg. 194)

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

Motion adopted. All members voting yea.
….

85. RESOLUTION NO. 7636-02 - RESOLUTION to declare March "Harvest for Hunger Month" in Lakewood. (Pg. 196)

Motion by Mr. Dunn, seconded by Mr. Corrigan, to adopt Resolution No. 7636-02.

Motion adopted. All members voting yea.

A representative of Harvest for Hunger said she wanted to thank Council on behalf of the 620,000 people in northeast Ohio living in poverty.
….

86. Communication from Councilmember Dunn regarding Proposal to Amend LCO 121.04 to Create an Economic Development Committee, a New Standing Committee of Lakewood City Council. (Pg. 197)

Motion by Mr. Dunn, seconded by Mr. Skindell, to receive, file and refer this communication to the Committee of the Whole.

Whether an Economic Development Committee would duplicate work done in other committees and commissions was discussed. The advantage of two individuals on Council choosing projects for review while leaving larger projects for the entire Council was questioned. The use of Executive Sessions at both the committee level and again in the Committee of the Whole was considered.

The assertion was made that the Committee would strengthen economic development in the City and included the example of the St. Ed's project regarding bonds. It was indicated that language referred to an Economic Development Committee in the Community Improvement Corporation process.

Council's past action in reducing seventeen committees to seven was argued as a positive way to reduce bureaucracy and the creation of a new committee was presented as setting a precedent for increasing bureaucracy.

The argument that standing committees of Council should reflect the governing priorities of the community was submitted.

The motion was called.
Motion adopted. All members voting yea.
….
87. Communication from Councilmember Dunn regarding A Resolution Opposing Yucca Mountain, Nevada being selected as the High-level Nuclear Waste Repository and the Transportation of High-Level Radioactive Waste through Lakewood and N.E. Ohio. (Pg. 199)

A representative from the Earth Day Coalition was recognized. Mr. Skindell's past record opposing the selection of Yucca Mountain, Nevada as a high-level radioactive waste repository was mentioned An editorial from the Lakewood Sun Post supporting efforts to oppose using Yucca Mountain was also mentioned. Mr. Dunn said he wanted to build consensus and awareness among citizens in proposing the Resolution.

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

The arguments expressed opposing the plan to use Yucca Mountain as a nuclear repository were provided; safety forces have not been properly trained to respond to nuclear accidents from a truck or a train accident; the routes designated in the plan go through densely populated areas; the cost is high to taxpayers; and the transportation methods have not been properly tested.

Chris Trepal from the Earth Day Coalition spoke in favor of the resolution opposing the use of Yucca Mountain. She said that the Cleveland was a place where several of the proposed nuclear waste routes intersected. She mentioned she had concern about terrorist threats. She said she appreciated Council's interest taking up the issue.

Further comments were made supporting the Resolution opposing the transport of the nuclear waste through Lakewood.

Motion adopted. All members voting yea.
….
88. RESOLUTION NO. 7637-02 - A RESOLUTION opposing Yucca Mountain, Nevada being selected as the high-level nuclear waste repository and the transportation of high-level radioactive waste through Lakewood, Ohio. (Pg. 201)

Motion by Mr. Dunn, seconded by Mr. Seelie, to adopt Resolution No. 7637-02.

Motion adopted. All members voting yea.
{Without objection from Council Public Comment followed item no. 88}{Without objection from Council Item No. 89 followed public comment and was brought forward in the docket order}
….
{Item No. 89 was brought forward before old business}
89. Communication from Councilmembers Dunn and Skindell regarding Referring the Issue of Location of an Off-Leash Dog Park to the Lakewood Planning Commission. (Pg. 204)

Motion by Mr. Skindell, seconded by Mr. Seelie, to receive, file and refer this communication to the Planning Commission.

Comments were made from residents in support of a dog park. and included; the park would foster a strong community, the park would be well maintained by dog owners, people would be willing to raise funds,

A location favoring an expanded use for dogs such as one that could support obedience training or nutritional programs for dogs was mentioned. Council's unanimous consent in favor of a dog park was also mentioned.

The motion was called.
Motion adopted. All members voting yea.
….

Post Agenda items:
St. Edward's High School achieving state championships for hockey and wrestling was mentioned.

Winterhurst's use for hockey was provided as a good argument opposing privatization of the rink.

Mayor Cain's advocacy of Lakewood's needs at recent RTA meetings regarding bus routes was recognized.

Bill May and Jim Beckwith were recognized for hosting a ride along on a snow removing vehicle. A greater appreciation of what gets done during a snow storm was mentioned.

The renovations at the refuse facility was mentioned.

Motion by Mr. Seelie, seconded by Mr. Skindell to adjourn the meeting.
Motion adopted. All members voting yea.

Meeting adjourned 10:04 P.M.

Approved:___________________ ________________________
PRESIDENT

________________________
CLERK