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

Present: Councilmembers Brian T. Corrigan, Denis P. Dunn, Edward FitzGerald, Thomas J. George, Nancy J. Roth, Robert Mr. Seelie, Michael J. Skindell.

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.

Motion by Mr. George, seconded by Mr. Seelie, approve the minutes of February 4, 2002 without the necessity of a reading.

Motion adopted. All members voting yea.

Without objection from Council Item 33, 34, 36, 37, Add-ons 96, 97, 38 and 39 were brought forward first on the agenda.

***OLD BUSINESS****

1. Finance Committee Report regarding Amending Ordinance No. 7-02 - for Madison Pool House Renovation (Pg. 10)

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

Mr. George indicated he wanted the project re-bid and said he would vote against the Ordinance.

Comments were heard from members of the public regarding the Madison Pool House. They included the cost was too high for a facility used three months of the year, the present dressing/shower area was presently underused, the repairs should have been done throughout the years, there was not enough research done to see if the Pool House could accommodate other uses such as a police satellite office or an expanded recreational center, other projects were preferred such as street repair. Comment was made that repairing the other building at the Park which was said not to accommodate handicapped persons should be repaired before the Pool House. Other comments made included the project should be scaled down and more public input was needed. Some members of the public indicated limited renovations were necessary.

The cost of the Madison Pool House Renovation totals approximately $815,000, of which $721,000 would be project costs and $96,5000 would be for architectural and design preprations.

Mr. Corrigan indicated the issues raised by some members of the public present were discussed in Committees. He addressed the issue of costs stating six bids were sent out and the cost reflected the lowest bid. He indicated the Committee asked for alternatives such as looking at the possibility of completely razing the building. He said the Committee learned that cost was estimated between 1.8 to 2.5 million dollars to build new.

Ms. Roth said there had been no substantial renovations to Madison Pool House since the 1950's. She said comparisons on costs were made with Foster Pool which she indicated was done in 1980 and cost over a million dollars at that time.

Ms. Roth further indicated that during the review process she learned the project involved major overhauling of plumbing, mechanicals and materials that she said were universally recognized as high cost items. She said that the quantity of bids coming in at around the same price was an indication of modern construction cost realities. She also indicated the amount was considered substantial and did warrant careful review. Ms. Roth said 1,000 people a day used the pool in the summer and that Ward 4 deserved a quality facility for the pool and park.

Mr. FitzGerald said he could not justify the amount of money for the type of recreation facility that was proposed and said he would not be voting for the ordinance.

Addressing the cost, the Administration indicated that directing Community Development Block Grant dollars to a low-moderate income area project like Madison Pool House enabled the City to maintain federal funding for other low/mod projects and was a good way to leverage dollars. The Administration indicated the Pool House project was necessary for safety, operational and aesthetic reasons. The Administration said complaints were routinely received from parents complaining of safety issues, money was being lost on plumbing problems and many people shared the Administration's view that the building was an eye sore in the park.

The Administration further indicated the proposal allowed for office space for the pool staff, improved sight lines from the office area to the pool, and provided storage space for pool equipment. The Administration said it hoped the concession stand would improve cash management so that money was coming in.

Mr. FitzGerald said the plan did not provide improved monitoring of the children in the pool, whether it was the main pool, diving pool or wading pool from the offices. He asked about total costs for architectural renderings and was provided the following figures:

Architectural renderings totaled $96,536 Subsequent changes were $10,000 to $12,000 onto that cost.

Mr. Seelie called the motion on the report.
All members voting yea.

2. ORDINANCE NO. 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. (PLACED ON 1ST READING 3/4/02) (Pg. 11)

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

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

3. Finance Committee Oral Report regarding Swimming Pool Rates.

Mr. George submitted the Finance Committee Report stating it met that evening. He said the pool rate increase would provide approximately $60,000. He said the rates had not been increased for twelve years. Mr. George indicated the Committee voted 2-1; Mr. Corrigan and George in favor, and Ms. Roth voting nay on recommending adoption of Ordinance No. 9-02.

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

Ms. Roth indicated concern about the rate increases because she said there remained unanswered questions about costs, charges and usage for both of the pools. She said she was concerned that the Fletcher Foundation would no longer provide pool passes for low income families and that there was nothing planned to replace the program. She said she also was concerned that that the agreement with the School Board made the City responsible for costs if the pools operated in deficits. She said she requested more detailed information to understand how the figures provided showed the highest number of users last year and still came in with lower income. She said she would be voting against the ordinance.

Motion adopted. All members voting yea.

4. 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, PLACED ON 2ND READING 3/4/02)(Pg. 15)

Motion by Mr. George, seconded by Mr. Seelie, to defer and refer Ordinance No. 9-02 back to the Finance Committee for further information.

Mr. Dunn asked how long the matter could be deferred before publication of the new rates could be published in a timely manner and was informed by a representative from the Schools that the pool was scheduled to open June 15, 2002, with passes going on sale the middle of April. He was further informed that brochure containing the rates were to be printed that week.

Mr. Skindell said he had opposed last year's increase in the rates because of lack of information but said he had recently been provided with data. He said he wanted more time to review the information but said the Administration had urged the passage of the pool increases and that he believed he would support the passage after further review.

Mr. Seelie asked that the printing of the brochures be delayed so that information could be reviewed and the legislation could be voted on April 1.

A member of the public asked what supplies were provided by the City as indicated in the proposed ordinance. The Administration responded; maintenance supplies, painting, caulking, filtration system materials, chlorine, and other general supplies. The member of the public asked if the City paid for the electric and water at the pool and the Administration responded that it did.

Motion adopted. All members voting yea.

5. Finance Committee Oral Report regarding Ordinance No. Resolution 7635-02 and Ordinance No. 81-02 - - Creating Lead Safe Cuyahoga (LSC) Grant Fund and Accepting Grant for Lead Paint Hazard Control Program.

Mr. George submitted the Finance Committee Report; He indicated the Committee met that night. He said the grant for the Lead Paint Hazard Control Program will total approximately $250,000. He indicated the Community Development Department was attempting to break the grant down to increments of $10,000 to use primarily for window replacement. The Committee was informed that most lead-based dust was generated from windows. Three separate estimates were required before qualifying for funds. He said the Committee voted unanimously to recommend adoption of Resolution 7635-02 and Ordinance No. 81-02.

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

Motion adopted. All members voting yea.

6. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/4/02)(Pg. 18)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 81-02-02 on second reading.

Motion adopted. All members voting yea.

7. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/4/02)(Pg. 19)

Motion by Mr. George, seconded by Mr. Seelie, to place Resolution No. 7635-02 on Second Reading.

Ms. Roth added that she learned a family of three could earn $43,200, a family of four; $48,000 and said many people should be eligible for participation in the program.

Motion adopted. All members voting yea.

8. Public Works Committee Oral Report regarding Contracting Authority for Madison Pool House Project.

Mr. Corrigan submitted the Public Works Committee Report. He said Ordinance No. 68-01A was addressed authorizing additional contracting authority for the Madison Pool House in the amount of $75,000. He said a more detailed report would be prepared for the next Council Meeting and that he recommended the Ordinance be placed on second reading that night.

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

Motion adopted. All members voting yea.

9. 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. (PLACED ON 1ST READING AND REFERRED TO THE PUBLIC WORKS COMMITTEE 3/4/02)(Pg. 20)

Motion by Mr. Corrigan, seconded by Mr. Skindell, to place Ordinance No. 68-01A on Second Reading.

Motion adopted. All members voting yea.

Mr. Skindell indicated he would be consistent with the practice of the last Council Meeting and make a blanket motion for items 10 through 32 prior to acting on the motion and second. He asked that the Clerk of Council read the ordinance titles in total.

**Motion by Mr. Mr. Skindell, seconded by Ms. Roth, to place Ordinance No. 58-02 through 80-02 on Second Reading and refer them back to the Rules & Ordinances Committee.

*Ordinance Nos. 58-02 through and including Ordinance No. 80--02 were placed on 1st Reading and Referred to the Rules & Ordinances Committee 3/4/02.)

10. 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. 22)

11. 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. 23)

12. 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. 24)

13. 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. 25)

14. 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. 25)

15. ORDINNCE 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. 26)

16. 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. 28)

17. 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. 28)

18. 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. 29)

19. 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. 31)

20. 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. 31)

21. 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. 38)

22. 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. 39)

23. 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. 40)

24. 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. 41)

25. 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. 42)

26. 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. 43)

27. 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. 45)

28. 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. 45)

29. 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. 47)

30. 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. 49)

31. 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. 50)

32. 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. 52)

**Motion to place Ordinances Nos 58-02 through 80-02 on 2nd Reading and refer them back to the Rules & Ordinances Committee.

Five members voting yea.
Mr. FitzGerald and Mr. Seelie absent for vote.

****NEW BUSINESS****

33. RESOLUTION NO. 7638-02 - A RESOLUTION supporting Lakewood City School District 6.9 Mill Operating Levy.(Pg. 53)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7638-02.

School Board President Linda Beebe spoke in favor of the resolution. She said that improved test scores had garnered the attention of people from the state who she said were coming to Lakewood to find out what Lakewood Schools were doing right. She said that operational costs had risen since 1999 but the schools were able to save over two million dollars a year in efficiency improvements, health insurance and utility purchasing.

Comments were made by Council and the Administration in favor of the resolution relating the strength of schools to the strength of a community.

Motion adopted. All members voting yea.
{Item 36 follows this item in the docket order)

34. Communication from Council President Seelie regarding Proposed Ordinance to Improve Contract Ordinances. (Pg. 54)

Motion by Mr. George, seconded by Ms. Roth, to defer action on this item until Mr. Seelie returns to Chambers.

Motion adopted. Six members voting yea.
Mr. Seelie absent for vote.

The Communication was read upon Mr. Seelie's return (after Item 42)

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

Motion adopted. All members voting yea.

35. ORDINANCE NO. 82-02 - AN ORDINANCE to amend section 111.01, Departmental Public Improvement Contracts, of the Codified Ordinances of the City of Lakewood for the purpose of including language to limit the approval of architectural, engineering and design services to ten percent (10) of the total contract amount for renovations of existing public property or eight percent (8%) of the total contract amount for new construction without separate ordinance of Council. (Pg. 55)

Motion by Mr. George, seconded by Mr. Corrigan, to defer action on this item until Mr. Seelie returns.

Motion adopted. Six members voting yea.
Mr. Seelie absent for vote.

Ordinance No. 82-02 was then read and voted on upon Mr. Seelie's return to Chambers.

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 82-02 on First Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
{Docket order resumed}

36. Communication from Councilmember George regarding Resolution commending Matt Fannin. (Pg. 57)

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

Mr. George mentioned how Matt Fannin has been an inspiration to his team mates and a role model for young kids. Mr. Fannin's accomplishments were highlighted by other Members of Council and the Administration.

Motion adopted. All members voting yea.

37. RESOLUTION NO. 7639-02 - A RESOLUTION to honor Lakewood High School senior, Matt Fannin, for his record breaking achievements on the Rangers basketball team. (Pg. 58)

Motion by Mr. George, seconded by Mr. Skindell, to adopt Resolution No. 7639-02.

Motion adopted. All members voting yea.

38. Communication from Councilmember FitzGerald regarding Ohio Environmental Council Resolution. (Pg. 59)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to receive, file and refer this communication to the Health & Human Services Committee.

Mr. FitzGerald said he wanted to address further environmental issues separately in Committee.

Representative Heidi Ehret, Clean Air Campaign Coordinator from the Ohio Environmental Council spoke in favor of the resolution. She said twenty-one coal-powered plants in Ohio were grand-fathered in under the Clean Air Act and that those plants did not have to follow modern emission standards.

Ms. Ehret said pending legislation in the Ohio House and Senate; Clean Smoke Stack Act in the House and the Clean Power Act in the Senate that would repeal the grand-fathering of the plants and set limits on carbon dioxide and mercury levels.

(To receive, file and refer to the Health & Human Services Committee)
Motion adopted. All members voting yea.

39. RESOLUTION NO. 7640-02 - A RESOLUTION urging state and local government to support and enforce the Clean Air Act. (Pg. 60)

Motion by Mr. Skindell, seconded by Mr. Corrigan, to adopt Resolution No. 7640-02.

Motion adopted. All members voting yea.
{PUBLIC COMMENT FOLLOWED THIS ITEM & THEN ITEMS # 1}

40. Communication from Mayor Cain regarding Authorization of Application to the Clean Ohio Conservation Fund for Lakewood Park. (Pg. 61)

The Administration added that the dollars from the grant would be used for the lakefront portion of the Lakewood Park Master Plan.

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

Motion adopted. All members voting yea.

41. RESOLUTION NO. 7641-02 - AN EMERGENCY RESOLUTION authorizing and directing the Mayor, on behalf of the City, to apply for financial assistance under the Clean Ohio Conservation Fund Program in support of the restoration and revitalization of Lakewood Park. (Pg. 62)

Motion by Mr. George, seconded by Mr. Corrigan, to receive, file and refer this Resolution to the Public Works Committee.

Motion adopted. Six members voting yea.
Mr. Seelie absent for vote.

42. Communication from Mayor Cain regarding Ordinance authorizing Gift of Surplus Fire Alarm Boxes to Retired Firefighters. (Pg. 64)

Motion by Mr. George, seconded by Mr. Dunn, to receive, file and refer this communication to the Public Safety Committee.

Motion adopted. All members voting yea.
(Mr. Seelie present during this vote and Item 34 was then read)

43. ORDINANCE NO. 83-02 - An ORDINANCE authorizing the Fire Chief to make a gift of surplus fire alarm boxes to members of the Lakewood Division of Fire upon their retirement in recognition and in commendation for their years of dedicated public service. (Pg. 65)

Motion by Mr. George, seconded by Ms. Roth, to place Ordinance No. 83-02 on First Reading and refer it to the Public Safety Committee.

Motion adopted. All members voting yea.

44. Communication from Mayor Cain regarding Severe Weather Safety Awareness Week march 17-March 23, 2002. (Pg. 66)

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

Motion adopted. All members voting yea.

45. RESOLUTION NO. 7642-02 - A RESOLUTION proclaiming the week of March 17th -23rd, 2002 as Severe Weather Safety Awareness Week and urging participation in safety activities; (Pg. 67)

Motion by Ms. Roth, seconded by Mr. Seelie, to adopt Resolution No. 7642-02.

Motion adopted. All members voting yea.

46. Communication from Finance Director Blasko regarding $9,035,000 City of Lakewood, Ohio Various Purpose General Obligation Anticipation Notes. (Pg. 68)

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

Mr. George said he understood there was a necessity to move on the Ordinances quickly to take advantage of the interest rate situation as it currently exists.

The Administration responded that rates were at 1.6 percent March 6, 2002, and that Friday they were up to 2.1 percent. The Administration said it anticipated there would be three readings, and the ordinances would be provided to A.G. Edwards on May 2nd, would receive the interest rate on May 9th, and get the funds on May 23rd.

Mr. George indicated he wanted to ensure the low interest rates were taken advantage of and said he hoped to meet next week with concurrence from his colleagues and considered suspending the third reading in order to adopt the ordinances as soon as possible to save the City considerable money.

On the motion to receive, file and refer the communication to the Finance Committee.

Motion adopted. All members voting yea.

Motion by Mr. Skindell, seconded by Mr. Dunn, to receive, file and refer fiscal officer certificates found in items 47, 49, 51, 53, 55, 57, 59, 61, 63, 65, 67, 69, 71, 73, 75, 77, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88 to the Finance Committee

Motion adopted. All members voting yea.

Motion by Mr. Skindell, seconded by Mr. Seelie, to place Ordinances Nos. 84-02 through 100-02 on First Reading and refer them to the Finance Committee reading titles in total.

47. Fiscal Officer's Certificate (Referred to Finance) - (Pg. 70)

48. ORDINANCE NO. 84-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $80,000 Indianola Avenue 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 Indianola Avenue from Hilliard Boulevard to Riverside 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. 71)

49. Fiscal Officer's Certificate (Referred to Finance) (Pg. 73)

50. ORDINANCE NO. 85-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $320,000 Indianola Avenue 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 Indianola Avenue from Hilliard Road to Riverside 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. 74)

51. Fiscal Officer's Certificate (Referred to Finance) (Pg. 75)

52. ORDINANCE NO. 86-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $56,000 West Forest 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 West Forest Drive from Lake Road southerly to a cul-de-sac 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. 76)

53. Fiscal Officer's Certificate (Referred to Finance) (Pg. 77)

54. ORDINANCE 87-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $224,000 West Forest 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 West Forest Drive from Lake Road southerly to a cul-de-sac 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. 78)

55. Fiscal Officer's Certificate (Referred to Finance) (Pg. 79)

56. ORDINANCE 88-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $80,000 Overbrook Avenue 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 Overbrook Avenue from Riverway to Indianola Avenue 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. 80)

57. Fiscal Officer's Certificate (Referred to Finance) (Pg. 81)

58. ORDINANCE 89-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $320,000 Overbrook Avenue 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 Overbrook Avenue from Riverway to Indianola Avenue 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. 82)

59. Fiscal Officer's Certificate (Referred to Finance) (Pg. 83)

60. ORDINANCE 90-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $175,000 W. Clifton Boulevard Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving W. Clifton Boulevard and St. Charles Avenue by widening and providing additional on-street parking with concrete curbs. (Pg. 84)

61. Fiscal Officer's Certificate (Referred to Finance) (Pg. 85)

62. ORDINANCE NO. 91-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $50,000 Forestation Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets and municipal properties by clearing, trimming and planting trees. (Pg. 86)

A member of the public asked if $50,000 was the same amount asked for last year and what it was used for. The Administration responded the money was used for trees.

Mr. Seelie indicated the City's forester documented the forestation of the City in detail suggested the member of public review tree plan map with the City Forester directly.

The member of the public remarked there were several dead trees on Clifton Boulevard.

The Administration responded that Lakewood was one of the few communities that employed a forester and that a systematic process was in place to address the reforestation of the City. The Administration said that this year Lakewood was the only City in the State of Ohio recognized for twenty-five consecutive years as Tree City USA by the National Arbor Day Foundation.

Mr. George indicated the City's forester, the Administration and Council discussed concern about Clifton Boulevard trees during Budget Hearings and that it was ongoing concern.

Ms. Roth indicated options for the trees on Clifton Boulevard had been discussed at length also in Tree Task Force Meetings. She said one of the options was to buy trees that were more mature with the hope that they would have better survivability. Ms. Roth said it was learned, however, that within five years, the tress grew to approximately the same size. She said the challenge was ensuring new trees got a chance to take root.

63. Fiscal Officer's Certificate (Referred to Finance) (Pg. 87)

64. ORDINANCE NO. 92-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $250,000 Hilliard Road Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Hilliard Road and Lakewood Heights Boulevard by replacement of the base as required and resurfacing with asphalt, including replacement of curbs, aprons and sidewalks as required, together with all necessary appurtenances thereto. (Pg. 88)

65. Fiscal Officer's Certificate (Referred to Finance) (Pg. 90)

66. ORDINANCE NO. 93-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $585,000 2002 Street Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving certain streets designated by Council by resurfacing, repairing curbs and improving traffic signalization. (Pg. 90)

67. Fiscal Officer's Certificate (Referred to Finance) (Pg. 91)

68. ORDINANCE NO. 94-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $367,000 2002 Motorized Equipment Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring motorized equipment and appurtenances thereto. (Pg. 92)

69. Fiscal Officer's Certificate (Referred to Finance) (Pg. 93)

70. ORDINANCE NO. 95-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $289,000 Police Communication Equipment Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring police communication equipment. (Pg. 94)

71. Fiscal Officer's Certificate (Referred to Finance) (Pg. 95)

72. ORDINANCE NO. 96-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $675,000 Municipal Buildings Improvement 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. 96)

A member of the public asked what buildings were being referred to in the ordinance and the Administration responded, Refuse facility, City Hall complex, salt storage and distribution facility, armory fence and site, Fire Station No. 3 repair and renovation, records room design, pistol range re-design, environmental study, DCD improvements, DSX card reader, telecommunications and a drive-on rack.

A member of the public asked what would be done at City Hall and how much money would be appropriated. The Administration responded $200,000.

73. Fiscal Officer's Certificate (Referred to Finance) (Pg. 97)

74. ORDINANCE NO. 97-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $190,000 Park Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving parks.(Pg. 98)

75. Fiscal Officer's Certificate (Referred to Finance) (Pg. 99)

76. ORDINANCE NO. 98-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $100,000 Pool Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Foster Pool and Madison Pool. (Pg. 100)

77. Fiscal Officer's Certificate (Referred to Finance) (Pg. 101)

78. ORDINANCE NO. 99-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $2,785,000 Sanitary Sewer Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving sanitary sewers and the City's wastewater treatment plant. (Pg. 102)

79. FISCAL OFFICER'S CERTIFICATE (REFERRED TO FINANCE); $915,000 MUNICIPAL BUILDINGS BOND ANTICIPATION NOTES (Pg. 104)

80. FISCAL OFFICER'S CERTIFICATE (REFERRED TO FINANCE); $150,000 FRANKLIN BOULEVARD IMPROVEMENT BOND ANTICIPATION NOTES (Pg. 104)

81. FISCAL OFFICER'S CERTIFICATE (REFERRED TO FINANCE); $230,000 HILLIARD ROAD IMPROVEMENT BOND ANTICIPATION NOTES (Pg. 104)

82. FISCAL OFFICER'S CERTIFICATE (REFERRED TO FINANCE); $184,000 HOMEWOOD DRIVE IMPROVEMENT BOND ANTICIPATION NOTES - CITY'S PORTION (Pg. 104)

83. FISCAL OFFICER'S CERTIFICATE (REFERRED TO FINANCE);$184,000 GOLD COAST LANE IMPROVEMENT BONDANTICIPATION NOTES - CITY'S PORTION (Pg. 105)

84. FISCAL OFFICER'S CERTIFICATE (REFERRED TO FINANCE); $46,000 HOMEWOOD DRIVE IMPROVEMENT BOND ANTICIPATION NOTES - PROPERTY OWNERS' PORTION (Pg. 105)

85. FISCAL OFFICER'S CERTIFICATE (REFERRED TO FINANCE);$46,000 GOLD COAST LANE IMPROVEMENT BOND ANTICIPATION NOTES - PROPERTY OWNERS' PORTION (Pg. 105)

86. FISCAL OFFICER'S CERTIFICATE (REFERRED TO FINANCE); $216,000 FOREST ROAD IMPROVEMENT BOND ANTICIPATION NOTES - CITY'S PORTION (Pg. 105

87. FISCAL OFFICER'S CERTIFICATE (REFERRED TO FINANCE); $54,000 FOREST ROAD IMPROVEMENT BOND ANTICIPATION NOTES - PROPERTY OWNERS' PORTION (Pg. 106)

88. FISCAL OFFICER'S CERTIFICATE (REFERRED TO FINANCE); $464,000 SEWER REPLACEMENT BOND ANTICIPATION NOTES (Pg. 106)

89. ORDINANCE NO. 100-01 - AN EMERGENCY ORDINANCE to provide for the issuance of $2,489,000 Various Purpose General Obligation Bond Anticipation Notes, Series 2002 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for various purposes. (Pg. 107)

(To place Ordinance Nos. 84-02 through 100-02 on 1st Reading and Refer them to the Finance Committee)
Motion adopted. All members voting yea.

90. Communication from Police Chief Clark regarding Police on Patrol Arresting Speeders (POPAS) Project. (Pg. 109)

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

Motion adopted. Six members voting yea.
Mr. FitzGerald voting nay.

91. ORDINANCE NO. 101-02 - AN ORDINANCE creating a Police on Patrol Arresting Speeders (P.O.P.A.S.) Project in the City of Lakewood Division of Police and establishing a special revenue fund for the payment of expenses associated with the program and other approved law enforcement expenses. (Pg. 110)

Motion by Mr. Seelie, seconded by Ms. Roth, to place Ordinance No. 101-02 on 1st Reading and refer it to the Public Safety Committee.

Motion adopted. All members voting yea.

92. Liquor Permit Application; Yim Wah Kwok d/b/a Sakura Japanese Restaurant, 15400 Detroit Avenue, Lakewood, Ohio 44107. (Pg. 112)

Mr. Dunn said the report from the Chief of Police indicated there was no reason to object.

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

Mr. George asked why the liquor permit had been brought before Council twice and the Administration responded that the original application was forwarded with the wrong address.

Motion adopted. All members voting yea.
….
93. Liquor Permit Application for new D1 and D3 classification to Patrick M. Sullivan d/b/a Inne Irish Pub & Restaurant 13368 Madison Avenue, Lakewood, Ohio 44107. (Pg. 113)

Mr. Dunn said the report from the Chief of Police indicated there was no reason to object.

Ms. Roth asked if some notification be made to new liquor permit holders, especially establishments with apartments nearby to alert them to the fact that they were under the City's noise ordinance.

Mr. FitzGerald asked Mr. Pietravoia to comment on the plans to create a restaurant at the establishment. Mr. Pietravoia responded that the plan was to create a restaurant with an Irish theme and that 65-70 percent of the business would be in food as opposed to the sale of alcohol. Mr. Pietravoia said the Inne Irish Pub & Restaurant would be an addition to the new business that have come into the Madison Village area recently including the Capsule establishment next door. Mr. Sullivan was present in the audience.

Mr. Seelie asked if Mr. Sullivan would be meeting with residents between now and May to discuss the new restaurant. Mr. Sullivan responded that he had talked with some residents already informally and expected a more formal meeting at a future time with other area merchants. Mr. Seelie asked he be notified of the meeting.

Mr. Pietravoia said that Mr. Sullivan had started the Architectural Review Board process and because his submission was presently incomplete it was deferred until the month of May - and the Planning Commission part would likely take place be in June and would allow time to meet with residents.

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

Motion adopted. All members voting yea.

94. Liquor Permit Application for C1 and C2 classification transfers to BP Products North America Inc. d/b/a Site 5036, 14718 Madison Avenue, Lakewood, OH 44107 from BP Exploration & Oil Inc., d/b/a Site 5036, 14718 Madison Avenue, Lakewood, Ohio 44107. (Pg. 114)

Mr. George mentioned he did have an objection to the liquor permit stating that he traditionally objects to gas stations selling liquor for fear it facilitates drinking and driving.

Mr. Dunn asked if there were statistics available that showed the correlation between DUIs in the area selling liquor from gas stations.

Mr. Spellacy responded that the City had never been successful in objecting to liquor permits for that reason.

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

Mr. Clark said the liquor permit was a change in name only.

Mr. FitzGerald asked where municipalities stood in banning the sale of alcoholic beverages at gas stations. Mr. Spellacy responded that there was case law that supported gas stations being able to sell alcohol. He said he would have to further research the issue to see if the City could make its own law.

Ms. Roth indicated the previous law director addressed the issue of alcohol being regulated by the state but said he was able to put together an ordinance that outlawed the sale of gasoline where alcohol was sold. She said the justification provided was that the City could regulate explosive substances. She said she understood that the Revised Zoning Code ommited that section.

Motion adopted. Five members voting yea.
Mr. FitzGerald and Mr. George voting nay.

95. Liquor Permit Application for a new D1 classification to Ress LTD d/b/a Waters Edge Cave & Deli, 11850 Edgewater Dr., Lakewood, Ohio 44107. (Pg. 115)

Motion by Mr. Seelie, seconded by Mr. Dunn, to defer action on this item.

Motion adopted. All members voting yea.

(Items 96 & 97 Add-ons}
96. Communication from Mayor Cain regarding Jump Rope for the Heart.

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

Motion adopted. All members voting yea.

97. RESOLUTION NO. 7643-02 - A RESOLUTION to acknowledge; Genni Kennedy, Physical Education Teacher of Harrison Elementary School, and co-chair of the "Jump Rope for the Heart" program, and Becky Conron, Physical Education Teacher of Lincoln Elementary School, and co-chair of the "Jump Rope for the Heart" program, and Michelle Leits, Physical Education Teacher of Garfield Elementary School, and Leslie Tighe, Physical Education Teacher of Hayes Elementary School, and all the students and parents involved in the program for their efforts to inform and educate our community concerning heart disease.

Motion by Mr. Seelie, seconded by Ms. Roth, to adopt Resolution No. 7643-02.

Motion adopted. All members voting yea.

Motion by Mr. Seelie, Seconded by Mr. George to adjourn the meeting.
Motion adopted. All members voting yea.

Meeting adjourned 10:25 PM.

Approved:_____________________ ________________________
President

________________________
Clerk