Lakewood City Council Meeting Minutes

MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
APRIL 15, 2002
7:30 P.M.

Regular Meeting of the Lakewood City Council called to order at 7:34 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, to defer the minutes of March 18, 2002.

Motion adopted. All members voting yea.

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Without objection from Council Heidi Ehret presented an Ohio Environmental Council Award to the Mayor and Council for becoming a “Hometown for Healthy Air” in supporting cleaner electricity generation for future Ohio Generations.

Without objection public comment is heard before regular business.

Without objection from Council items 33 and 34 are brought forward on the agenda.
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****OLD BUSINESS****
1. Committee of the Whole Oral Report regarding Ordinance 82-02.

The Committee of the Whole report was given by Mr. Seelie. Mr. Seelie indicated the Committee met that evening to begin discussion on the process for bidding and contracting for city projects. He said he wanted to review language especially for special projects other than routine, infrastructure projects. A request was made of the Law Director to prepare language for further discussion on contracting language.

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

Motion adopted. All members voting yea.
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2. 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. (PLACED ON 1ST READING & REFERRRED TO THE COMMITTEE OF THE WHOLE 3/18/02, 2ND READING 4/1/02) (Pg. 7)

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

Motion adopted. All members voting yea.
….

3. Public Works Committee Oral Report regarding Ordinance No. 66-01A.

The Public Works Committee report was given by Mr. Corrigan. Mr. Corrigan indicated the Committee met that evening to discuss authorizing an increase in the Wastewater Treatment Plant’s headwork modification plant project from $350,000 to $540,000. He said the Committee learned the project was necessary to comply with Environmental Protection Agency mandates to address overflow issues in the city’s sewage system. He said passage of the ordinance that evening could help the City avoid as much as $25,000 per overflow incident in fines from the EPA. The $190,000 needed will be taken from the Wastewater Treatment’s Y-wall project previously allocated at $380,000. The Committee voted unanimously to suspend the rules and adopt Ordinance No. 66-01A.

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

Motion adopted. All members voting yea.
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4. ORDINANCE NO. 66-01A – AN EMERGENCY ORDINANCE to amend Ordinance No. 66-01, adopted February 4, 2002, authorizing and directing 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 Sewer System 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 & REFERRED TO THE PUBLIC WORKS COMMITTEE 4/1/02)(Pg. 9)

Motion by Mr. Corrigan, seconded by Mr. George, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 66-01A on final reading.

Yeas:      Corrigan, Dunn, George, Roth, Seelie, Skindell.
Nays:     None
Mr. FitzGerald absent from table
Motion adopted.   Rules suspended.

Motion by Mr. Seelie, seconded by Mr. George, to adopt Ordinance No. 66-01A.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Mr. FitzGerald absent from table.
Nays: None
Motion adopted.
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5. Public Works Committee Oral Report regarding Resolution No. 7641-02.

The Public Works Committee report was given by Mr. Corrigan. Mr. Corrigan said the Committee met that evening to discuss the Clean Air Conservation Fund. He said the fund consisted of Issue I funding authorized by a 2001 state-wide vote. He said fourteen million dollars is currently available in the present year’s budget in the county-wide district. He indicated the Administration requested one million dollars for the lake front project at Lakewood Park. He said a twenty-five percent city match was s required to receive any money for the grant. He said the project fit the requirements of the fund’s purpose and that the Committee unanimously recommended passage of the Resolution. He said the deadline for the application was April 19, 2002.

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

Motion adopted. All members voting yea.
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6. 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.. (REFERRED TO THE PUBLIC WORKS COMMITTEE 3/18/02)(Pg. 62)

Motion by Mr. Corrigan, seconded by Mr. George, to adopt Resolution No. 7641-02.

Motion adopted. All members voting yea.
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7. Public Safety Committee Oral Report regarding Ordinance No. 83-02.

{No report was submitted as information was pending}

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

Motion adopted. All members voting yea.
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8. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 3/18/02, PLACED ON 2ND READING 4/1/02)(Pg. 13)

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

Motion adopted. All members voting yea.
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9. Public Safety Committee Report regarding Police on Patrol Arresting Speeders. (Pg. 14)

Councilmember George stated he had reservations about the ordinance. He said he understood speeding enforcement on side streets was an ongoing problem but cautioned against the possibility of an overly aggressive speeding program that had the possibility of detracting from other police duties. He said he had further reservations about whether the police department would be a money making enterprise. He said that he understand speeding was a problem and said he hoped special attention would be on I-90 speeding going through Lakewood to go to the far western suburbs.

Councilmember Roth expressed opposition to the ordinance. She said the ordinance could incur high overtime expenses without a guaranteed fund to draw if funds are dependent on a variable such as amount of tickets being written. She asked if creating a separate fund under the purview of the Police Department would provide less opportunity for oversight from Council which she said was also the public. Ms. Roth cited Parma as a City that was facing problems addressing overtime costs and asked if Lakewood could face similar problems. the She said that tools were already in place for a city-wide program to address speeders.

Mr. FitzGerald expressed he would vote for the ordinance and said that he hoped the program would be in conjunction with other tools like the radar wagon.

Mr. Seelie said he would vote against the Ordinance . He said the program would mean paying Police Officers on a commission basis. He said if more police were needed then more should be hired but said he opposed what he thought resulted in making sure enough tickets were written to pay for an officer’s day’s work.

The vote was taken on the report.
Aye: Six members voting aye
Nay. Mr. Seelie
Motion adopted.
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10. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 3/18/02, PLACED ON 2ND READING 4/1/02)(Pg. 15)

Motion by Mr. Dunn, seconded by Mr. George, to adopt Ordinance No. 101-02.

Motion adopted.
Aye: Corrigan, Dunn, FitzGerald, George
Nay: Roth, Seelie, Skindell
Motion adopted.

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11. Rules & Ordinances Committee Oral Report regarding Resolution No. 7646-02.

The Rules & Ordinances Committee was given my Mr. Skindell. He reported the Committee met that evening to consider erosion control measures at 1015 Nicholson Drive. He said the property owner wanted to construct an erosion control structure similar to others abutting Lake Erie. He indicated the Law Department advised that property owners must obtain necessary permits from the Ohio Department of Natural Resources to construct erosion control structures. He said the project would not require the expenditure of city funds and that the City Engineer had no objection to the project. He said the Committee was assured that the property owner would be notified of any damage caused to any street as a result of the project. Mr. Skindell indicate the Rules & Ordinances Committee voted unanimously to recommend adoption of substitute Resolution 7646-02. The substitute was explained as necessary to correct a numerical typo in the street address from 1051 Nicholson to 1015 Nicholson.

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

Motion adopted. All members voting yea.
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12. RESOLUTION NO. 7646-02 – A RESOUTION approving the use of submerged lands for property located at and abutting 1051 1015 Nicholson Avenue in the City of Lakewood, Ohio (a legal description of which is attached hereto as “Exhibit A”) so that the owner can undertake lakeshore protection measures. (PLEASE SUBSTITUTE FOR RESOLUTION NO. 7646-02 REFERRED TO THE RULES & ORDINANCES COMMITTEE 4/1/02)(Pg. 17)

Motion by Mr. Skindell, seconded by Mr. Seelie, to amend as substituted with corrected address 1051 to 1015 Nicholson.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell,
Nays: None
Resolution amended.

Motion by Mr. George, seconded by Mr. Skindell, to adopt Resolution No. 7646-02 as substituted.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell,
Nays: None
Resolution No. 7646-02 adopted as substituted.
{Without objection from Council item Nos. 35 & 36 are moved forward to this section of the agenda}
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13. Rules & Ordinances Committee Oral Report regarding Amendments to the Criminal Code. (Pg. 30)

The Rules & Ordinances Committee reported it met March 4, 2002 and April 1, 2002. It was summarized as follows: 19-02- provides a little more latititude. 20-02, allows volunteer firefighters to conduct more than two festivals or bingo games in a seven day period in certain circumstances. 21-02 – expands definition of detention. 22-02- amended to include RTA officials or port authority officials to be in classification of a police officer. 44-02 – addresses a series of offenses– allows them to be tried as a single offence. Ord 45-02 – petty theft – adds “by intimidation”. Ordinance 46-02- new ordinance being created – insurance fraud – less than $500. Ordinance 47-02 – unauthorized use of property – misdemeanor 4th degree except if used to defraud – then first degree misdemeanor. 48-02 - Writing bad checks, 49-02- credit card misuse and 51-02 securing writing by deception (these three deal with changing the value from $300.to $500.) Ord. 52-02 – receiving stolen property – two changes – value of less than 300 to 500 also add a provision – it is not a defense under other circumstances one received stolen property. Ordinance 53-02 enacted a new section. Criminal simulation – misdemeanor of first degree - $500.00 fine. Ordinance No. 54-02 – enacts new section regarding taking identity of another – self description – misdemeanor of the first degree/$500 fine. Ordinance 55-02 – enact new section – possessing replica firearms in schools. The Committee said the ordinance would allow for plays involving prop guns but addressed replica guns. Ordinance 56-02- obstructing streets by railroad companies – railroad has to move the trains after five minutes – if not – there is a $1,000 fine. Ordinance 57-02 is a new ordinance – obstructing streets by abandoning a locomotive – incurs a $5,000 if not removed in five minutes. Ordinance 38-02- menacing by stalking – defines “pattern of conduct”. With all this and all councilmembers received a more descriptive summary of changes from Assistant Law Director Mladek. The Committee unanimously recommended passage of the ordinances.

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

Question regarding bounced checks, were advised by the police department that this was a civil matter and police would not investigate.

Chief Police Clark responded that Department policy is in conjunction with the Law Department. He said it ensures that enough information is available to initiate a criminal complaint. He indicated that part of that process including having the person who received the bad check send a registered letter to the individual issuing the check and asking for that individual to make good on it. He said after receipt of this, he believed it called for ten days to transpire and then that information is brought to the police department and goes to the prosecutor for charges.

Motion adopted. All members voting yea.
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*{THE FOLLOWING ORDINANCES MARKED WITH AN ASTERISK WERE PLACED ON 1ST READING AND REFERRED TO THE RULES & ORDINANCES COMMITTEE 2/19/02 AND PLACED ON 2ND READING 3/402}

Councilmember Skindell moves that items 14 through 31 be read as a third reading and to voted on as a group, seconded by Mr. Seelie. – Items were read.

14. 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. 19)

15. 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. 21)

16. 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. 23)

17. 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. 25)

18. 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. 27)

19. 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. 28)

20. 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. 30)

21. 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. 32)

22. 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. 34)

23. 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. 36)

24. 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. 37)

25. 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. 38)

26. 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. 39)

27. 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. 40)

28. 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. 41)

29. 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. 43)

30. 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. 45)

31. 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. 47)

Motion by Mr. Skindell, seconded by Mr. George, to adopt Ordinances Nos. 19, 20, 21, 22, 38, 44, 45,46, 47, 48, 49, 51, 52, 53, 54, 55, 56, 57, -02.

Motion adopted. All members voting yea.
….
32. ORDINANCE NO. – 102-02 - AN EMERGENCY ORDIANNCE authorizing the Mayor or her designee to enter into a contract, in an amount not to exceed Fifteen Thousand Dollars ($15,000.00), with Hull & Associates, Inc. for the purposes of a Phase II Environmental Assessment of the Koepke properties located at 11901-11 and 12187 Detroit Avenue (PP’s 315-13-013 and 315-10-001, 002) Lakewood, Ohio. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 4/1/02) (Pg. 48)

Motion by Mr. Skindell, seconded by Mr. Seelie, to place Ordinance No. 102-02, on Second Reading and refer it to back to the Committee of the Whole.

Motion adopted. All members voting yea.
{Item 39 followed this item}

****NEW BUSINESS****

{Item No. 33 was brought forward first on the regular agenda items}
33. Communication from Councilmember Dunn regarding Resolution to Encourage the Board of Commissioners of Cuyahoga County to Adopt a Living Wage Resolution. (Pg. 50)

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

Councilmembers past support of issues similar to living wage was highlighted. County Commissioners were said to have been in support of the living wage in principle. A letter in support of the resolution from John Ryan, Executive Secretary, Cleveland AFL-CIO was read. Jobs for Justice was mentioned in support of the Resolution.

Concern regarding financial ramifications related to non-profit organizations and other smaller businesses was heard.

Also heard was the opinion that a living wage would be especially effective in combating lower pay for women.

Motion adopted. All members voting yea.
….

34. RESOLUTION NO. 7648-02 - A RESOLUTION to encourage the Board of Commissioners of Cuyahoga County, Ohio to adopt a living wage resolution based on the reasonable proposition that no one working full time should live in poverty.

Motion by Mr. George, seconded by Mr. Dunn, to adopt Resolution No. 7648-02.

Motion adopted. All members voting yea.
….
35. Communication from Mayor Cain regarding “West End” District Community Development Plan. (Pg. 54)

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

Motion adopted. All members voting yea.
….
36. Communication Report from Planning Commission Chairman Sharp regarding Contracting Authority and Appropriations for the “West End” District Community Development Plan. (Pg. 56)
Mr. Steve Ott read letter on behalf of Mr. Sharp.

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

A citizen questioned the necessity of using emergency language on the ordinance, the city paying for a study as opposed to the developer and asked if categorizing the area as a blighted area and identifying streets in the area as HUD streets if this would make it easier for eminent domain to be used.

Planning & Development Director Pietravoia responded to the use of “emergency” language – stating that the conceptual level had lasted for more than two years and that the next level is ready. In response to the use of public money to fund the study, Mr. Pietravoia said that Community Development plans are identified in ordinances as a legitimate use of public funds and said that there was a possibility that if a project goes forward with a particular developer that the City could recoup some of the dollars from a developer. In response to the HUD streets question Mr. Pietravoia said he would have to look to see if every street in the area falls into the category of a HUD street and the citizen asked how many HUD streets there were – if there were over 200 HUD streets. Mr. Pietravoia said he didn’t know the exact number but said he would provide that number.

The citizen said the question of using emergency language remained unanswered.

No request from the Administration to suspend the rules on the ordinance and indicated that the Charter required three readings on the ordinance; the emergency language was explained that after the three readings and the mayor signs the ordinance the ordinance will go into immediate effect instead of waiting 40 days.

The citizen questioned why the ordinance was considered an emergency for the public safety. The citizen said the project means displacing about 1,000 people in the area.

The citizen also said the question about the blighted area was not answered. The citizen asked if a determination would be made in the area to categorize it as blighted which the citizen said would allow the city to move in on eminent domain.

Planning & Development Director Pietravoia responded that the first step in a study is to do a building or property survey to meet building and zoning code regulations. He said a community development plan could identify issues like re-zoning, code changes, financial assistance and land acquisition as well as the sale of property.

The citizen commented that if the Building Department had been doing its job of inspecting properties in previous years, and working with property owners to maintain the property the area would be up to code.

Motion adopted. All members voting yea.
….

37. ORDINANCE NO. 103-02 – AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into such contracts, with a consulting firm and other professional services as necessary to provide but not limited to, inspections, studies, plans, surveys and reports in connection with the preparation of a Community Development Plan for the “West End” District in accordance with Chapter 153 of the Codified Ordinances of the City of Lakewood, contracts not to exceed Forty-Five Thousand Dollars ($45,000.00). (Pg. 57)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 103-02 on First Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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38. ORDINANCE NO. 104-02 – AN EMERGENCY ORDINANCE adjusting appropriations for expenditures in the General Fund for the fiscal year ending December 31, 2002 for the purposes of professional consulting services in connection with preparation of a Community Development Plan for the “West End” District in accordance with Chapter 153 of the Codified Ordinances of the City of Lakewood. (Pg. 58)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 104-02 on First Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
{Returned to regular order of business with item 13}
….
{Item #39 followed item #32 in agenda order}
39. Communication from Mayor Cain regarding 2002 Administrative Employees Salary Ordinance. (Pg. 59)

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

Motion adopted. All members voting yea.
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40. ORDINANCE NO. 105-02 – AN EMERGENCY ORDINANCE creating positions and rates of pay for full-time and certain part-time annual salaried employees and hourly rate employees not covered by a collective bargaining agreement in the several departments, divisions and offices of the City of Lakewood, effective April 1, 2002, and for the Chief of Fire, Chief of Police and Civil Service Commissioners, effective January 1, 2002. (Pg. 60)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 105-02 on First Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.

….
41. Communication from Law Director Spellacy regarding Erosion Control Measures for the Properties located at 1020 Homewood Drive, 1029 Homewood Drive, and 1031 Homewood Drive, Lakewood, Ohio. (Pg. 73)

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

Criticisms about the Ohio Department of Natural Resources were made suggesting property owners were required to obtain additional leases. It was suggested that the primary goal of the changes was to get revenue into the ODNR. It was stated that the ODNR changed the formula regarding the water level line from high to low, requiring a greater lease, requiring more revenue. Support legislative efforts in Columbus, also an understanding that the ODNR provide short term leases, causing people to have to remove erosion control measures after being there for a couple of decades.

Motion adopted. All members voting yea.
….

42. RESOLUTION NO. 7649-02 – A RESOLUTION approving the use of submerged lands for property located at and abutting 1020 Homewood Drive in the City of Lakewood, Ohio (a legal description of which is attached hereto as “Exhibit A”) so that the owner can undertake lakeshore protection measures. (Pg. 74)

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

Motion adopted. All members voting yea.
….

43. RESOLUTION NO. 7650-02 – A RESOLUTION approving the use of submerged lands for property located at and abutting 1029 Homewood Drive in the City of Lakewood, Ohio (a legal description of which is attached hereto as “Exhibit A”) so that the owner can undertake lakeshore protection measures. (Pg. 77)

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

Motion adopted. All members voting yea.
….
44. RESOLUTION NO. 7651-02 – A RESOLUTION approving the use of submerged lands for property located at and abutting 1031 Homewood Drive in the City of Lakewood, Ohio (a legal description of which is attached hereto as “Exhibit A) so that the owner can undertake lakeshore protection measures. (Pg. 79)

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

Typographical error on the first whereas clause was identified and was already set for correction.

Motion adopted. All members voting yea.
….

45. Communication from Planning & Development Director Pietravoia regarding Fund Loan approval for Dr. Susan Ross d.b.a. Optometric Arts, Inc. at 18216 Sloane Avenue. (Pg. 81)

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

It was mentioned that two items; the Koepke property ordinance and the present issue that could be appropriate for an economic committee

Motion adopted. All members voting yea.
….
46. ORDINANCE NO. 106-02 – AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into an agreement with Dr. Susan Ross, d.b.a. Optometric Arts, Inc. for participation in the Lakewood Business Investment Program (BIP) of the Economic Development Fund (EDF) for a zero-percent (0%) interest loan in an amount not to exceed Forty Thousand Dollars ($40,000.00). (Pg. 82)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 106-02 on First Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
….
47. Communication from Finance Director Blasko regarding Resolutions of Necessity – Indianola Drive (Hilliard to Riverside), Overbrook Avenue (Riverway to Indianola) and West Forest Drive (Lake Road southerly to a cul-de-sac) (Pg. 84)

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

Motion adopted. All members voting yea.
….
48. RESOLUTION NO. 7652-02- A RESOLUTION declaring it necessary to improve Indianola Drive (Hilliard to Riverside) and Overbrook Avenue (Riverway to Indianola) by the complete reconstruction of the pavement cross-section including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto and tree lawn restoration. (Pg. 85)

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

Motion adopted. All members voting yea.
….

49. RESOLUTION NO. 7653-02 – A RESOLUTION declaring it necessary to improve West Forest Drive (Lake Road southerly to a cul-de-sac) by the complete reconstruction of the pavement cross-section including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto and tree lawn restoration. (Pg. 87)

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

Motion adopted. All members voting yea.
….

50. Communication from Finance Director Blasko regarding Memberships for 2002: Northeast Ohio Mayors & City Managers Association. (Pg. 89)

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

Motion adopted. All members voting yea.
….
51. RESOLUTION NO. 7654-02 – A RESOLUTION authorizing the Director of Finance to pay the cost of memberships of City employees and/or Departments and Divisions in certain associations for the year 2002 and declaring such memberships to be in the public interest. (90)

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

Motion adopted. All members voting yea.
….
52. Communication from Finance Director Blasko regarding Auction of Obsolete Equipment. (Pg. 91)

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

Motion adopted. All members voting yea.
….

53. ORDINANCE NO. 107-02 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Finance to sell, through public auctions, various obsolete, surplus and non-functioning City vehicles, materials and/or equipment. (Pg. 92)

Motion by Mr. Seelie, seconded by Mr. George, to place Ordinance No. 107-02 on First Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
….

54. Communication from Finance Director Blasko regarding Sale Via Trade-in, Obsolete Equipment. (Pg. 93)

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

Motion adopted. All members voting yea.
….

55. ORDINANCE NO. 108-02 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Finance to sell, through trade-in, one 1983 Terex Model 40C front-end loader in conjunction with the purchase of a new front-end loader. (Pg.94)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 108-02 on First Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
….

56. Liquor Permit Application for new C1 and C2 permit classes to Rosarios Deli & Market d/b/a Rosarios Deli & Market, 13000 Madison Avenue, Lakewood, Ohio 44107. (Pg. 95)

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

Motion adopted. All members voting yea.
….

Post Agenda:

Mayor Cain announced Mary Brereton’s leave. She also announced Chief Clark’s retirement after nearly thirty years on the Lakewood Police Department.

Ms. Roth complimented the Lakewood Fire Department on their performance with the recent fire at the Winton Place. She mentioned their rapid response, follow-up and professionalism.

Ms. Roth asked if plans to repair for Belle Avenue were being made. Mr. Boag responded that Belle was not on the plan for the present year. He said the street doesn’t have a base and would require major reconstruction.

Ms. Roth said the location of the Hospital, the excessive traffic and the fact that it’s a main thoroughfare warranted at least a temporary fix.

Ms. Roth asked the City continue to support Homewood Avenue residents with their sidewalks. She said the residents have shown great effort in taking responsibility for 100% of the trip hazards, and in saving the City approximately $20,000.

Meeting adjourned 10:11 PM.

Approved:_____________________ ________________________
President

________________________
Clerk