Regular Meeting of the Lakewood City Council called to order at 7:30 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, , Thomas J. George, Nancy J. Roth, Robert Mr. Seelie, Michael J. Skindell.
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Also Present: Mayor Cain, Law Director Spellacy, Captain Sabala, Finance Director Blasko, Public Works Director Boag, Planning & Development Director Pietravoia, Human Services Director Carey, Executive Assistant to the Mayor Benjamin, Assistant Safety Director for the Division of Building & Housing Gallagher.
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Motion by Mr. Seelie, seconded by Mr. George, to excuse the absence of Mr. FitzGerald.

Mr. Seelie indicated Mr. FitzGerald was selected to attend a Federal Prosecutors program and is out of state.

Motion adopted. All members present voting yea.
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Motion by Mr. George, seconded by Mr. Seelie, to approve the minutes of March 18, 2002.

Motion adopted. All members voting yea.
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Motion by Mr. George, seconded by Mr. Seelie, to defer the minutes of April 1, 2002 and May 20, 2002.

Motion adopted. All members voting yea.

{Without objection from Council the Public Comment Portion of the meeting was held here}

****OLD BUSINESS****

1. Committee of the Whole Oral Report regarding Ordinance No. 110-02.

Mr. Seelie submitted the Committee Report stating it met that night and discussed the expenditure of $5,000 from the Economic Development Fund for the expansion and organizational needs of the Farmer's Market. Mr. Seelie said the need for and source of funds were discussed. He said the Committee voted to seek a recommendation from the Citizens Advisory Committee regarding the source of funds with the expectation that the CAC would report back to Council before the agenda deadline of the June 17th, 2002 Council Meeting.

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

Motion adopted. All members voting yea.
Oral Report was received and filed.
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2. ORDINANCE NO. 110-02 - AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into an agreement with the North Union Farmers Market for participating in the Economic Development Fund (EDF) for Five Thousand Dollars ($5,000.00) for purposes of working capital to oversee and administer the farmers market in the City of Lakewood during the 2002 season. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 5/6/02, PLACED ON 2ND READING 5/20/02)(Pg. 5)

Motion by Mr. Seelie, seconded by Mr. George, to refer Ordinance No. 110-02 to the Citizens Advisory Committee.

Yeas: Corrigan, Dunn, George, Roth, Seelie, Skindell.
Nays: None
Ordinance No. 110-02 Referred to Citizens Advisory Committee.
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3. ORDINANCE NO. 112-02 - AN ORDINANCE authorizing the Mayor or her designee to enter into an agreement with Lakewood Community Progress, Inc. (LCPI), a non-profit economic development corporation, upon its creation, to provide Ten Thousand Dollars ($10,000.00) from the City of Lakewood's Economic Development Fund (EDF) for purposes of matching the Lakewood Chamber of Commerce's contribution of Ten Thousand Dollars ($10,000.00) to provide initial funding for LCPI. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 5/20/02(Pg. 6)

Motion by Mr. Seelie, seconded by Mr. George, place Ordinance No. 112-02 on Second Reading and refer it to the Citizens Advisory Committee.

Motion adopted. All members voting yea.
Ordinance No. 112-02 Placed On Second Reading & Referred to Citizens Advisory Committee.

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4. Public Works Committee Report regarding Resolution No. 7652-02 and Resolution No. 7653-02. (Pg. 7)

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

Mr. Corrigan indicated the streets are total reconstruction projects. He said the necessary waterline and sewer work has been completed. He indicated there would be two clerical amendments made to the ordinances.
A member of the public asked the difference between item nos. 5 & 6 and items nos. 26 and 27. Mr. Corrigan responded that one set declared it necessary to improve the streets and one set determined to proceed with the improvements.

Motion adopted. All members voting yea.
Public Works Committee Report was received and filed.
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5. 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. (REFERRED TO PUBLIC WORKS COMMITTEE 4/15/02)(Pg. 8)

Motion by Mr. Corrigan, seconded by Mr. George to amend Resolution No. 7652-02 to change the last sentence of section 7 to read as follows: "When such estimated assessments have been so filed, said Director of Finance shall cause notice of the adoption of this Resolution and the filing of said estimated assessments as provided in Section 4 of said Article XVI."

Motion adopted. All members voting yea.

Motion by Mr. Corrigan, seconded by Mr. George, to adopt Resolution No. 7652-02 as amended.

Motion adopted. All members voting yea.
Resolution No. 7652-02 Adopted as amended.
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6. 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. (REFERRED TO PUBLIC WORKS COMMITTEE 4/15/02)(Pg. 10)

Motion by Mr. Corrigan, seconded by Mr. George to amend Resolution No. 7653-02 to change any reference from West Forest Drive to West Forest Road and to amend the last sentence of Section 7 to read; "When such estimated assessments have been so filed, said Director of Finance shall cause notice of the adoption of this Resolution and the filing of said estimated assessments as provided in Section 4 of said Article XVI."

Motion adopted. All members voting yea.

Motion by Mr. Corrigan, seconded by Mr. George, to adopt Resolution No. 7653-02 as amended.

Motion adopted. All members voting yea.
Resolution No. 7653-02 adopted as amended.
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7. ORDINANCE NO. 111-02 - AN ORDINANCE to create a new section within Chapter 121, Council, of the Codified Ordinances of the City of Lakewood for the purpose of defining notification procedures for Council Committee meetings. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 5/20/02) (Pg. 12)

Motion by Mr. Skindell, seconded by Mr. George, to place Ordinance No. 111-02 on Second Reading and refer it back to the Rules & Ordinances Committee.

Mr. Skindell announced a Rules & Ordinances Committee would meet prior to the June 17, 2002 Council Meeting at 5:45 PM to discuss Ordinance 111-02 and other proposed criminal and traffic ordinances.

Motion adopted. All members voting yea.
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8. Liquor Permit Application for a new D1 classification to Tyson Food Group LTD LLC d/b/a Donatos Pizza, 18100 Detroit Avenue, Lakewood, Ohio 44107. (DEFERRED 5/20/02)(Pg. 14)

Mr. Dunn read from Police Chief Clark's letter which indicated there was no reason to object to the liquor permit. Mr. Dunn asked for input from the Councilmember for the area of the establishment and Mr. Corrigan responded he had no reason to object.

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

Motion adopted. All members voting yea.
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9. Liquor Permit Application for a new D1 classification to Moodley Inc. d/b/a Rockwood Subs & Suds, 11900 Madison Avenue, Lakewood, Ohio 44107. (DEFERRED 5/20/02)(Pg. 16)

Mr. Dunn read from Police Chief Clark's letter with an attached report that indicated there was reason to object.

Motion by Mr. Dunn, seconded by Ms. Roth to file an objection to this liquor permit application.

A resident spoke objecting to the liquor permit citing scarce parking in the area.

Mr. Seelie advised that the state had final authority and Council's objection would be considered.

Motion adopted. All members voting yea.
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10. RESOLUTION NO. 7669-02 - AN EMERGENCY RESOLUTION to object to the issuance of a new D1 liquor permit to Rockwood Subs and Suds dba Rockwood Subs and Suds for an establishment located at 11900 Madison Avenue, City of Lakewood, Ohio 44107. (Pg. 18)

Motion by Mr. Dunn, seconded by Ms. Roth, to adopt Resolution No. 7669-02.

Motion adopted. All members voting yea.

****NEW BUSINESS****

11. Communication from Councilmember Skindell regarding Formation of Permanent Energy Commission. (Pg. 20)

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

Mr. Skindell referenced items 18, 19 and 20 on the docket addressing electric and gas aggregation. He said Lakewood would have to make decisions every two years regarding gas and electric providers. He said he thought it was important to establish a group of people that would learn the topics thoroughly because of the technical and rapidly changing nature of the issue. He said he was looking at long terms of service on a Commission similar to Planning Commission terms of four to six years.

Motion adopted. All members voting yea.
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12. Communication from Councilmember Seelie regarding Charter Changes. (Pg. 21)

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

A resident remarked that a Mayor had the right to appoint his/her cabinet, that the only position requiring Council approval would be the Law Director because the position serves Council and Mayor.

Motion adopted. All members voting yea.
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13. ORDINANCE NO. 113-02 - AN EMERGENCY ORDINANCE providing for the submission to the electors of the City of Lakewood, an amendment to Article II, Section 4, Mayor's Appointment Power, of the Second Amended Charter of the City of Lakewood to grant Council approval authority of the Mayor's appointments. (Pg. 22)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 113-02 on First Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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14. ORDINANCE NO. 114-02 - AN EMERGENCY ORDINANCE providing for the submission to the electors of the City of Lakewood, an amendment to Article XIV, Section 1(A), Board of Building Standards and Building Appeals, of the Second Amended Charter of the City of Lakewood to allow the appointing authority to remove any member of the Board of Building Standards and Building Appeals for cause. (Pg. 24)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 114-02 on First Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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15. Communication from Mayor Cain regarding Certificate of Achievement for Excellence in Financial Reporting. (Pg. 26)

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

Motion adopted. All members voting yea.
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16. Communication from Mayor Cain regarding Authorization of Application to the NatureWorks/Land and Water Conservation Fund (LWCF) Program For Lakewood Park. (Pg. 28)

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

Motion adopted. All members voting yea.
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17. RESOLUTION NO. 7670-02 - A RESOLUTION authorizing and directing the Mayor, on behalf of the City, to apply for financial assistance through the State's Natureworks/Land and Water Conservation Fund (LWCF) for the purpose of seeking funding to assist in the implementation of the lakefront revitalization initiatives at Lakewood Park in accordance with the Lakewood Park Master Plan. (Pg. 29)

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

Motion adopted. All members voting yea.
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18. Communication from Mayor Cain regarding Electric and Gas Municipal Aggregation. (Pg. 30)

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

Mr. Skindell said the contracting and appropriation ordinances placed Lakewood ahead of other communities with respect to securing energy suppliers. He said the process would be similar to that used with NOPEC where Council appropriated money to NOPEC and when a gas supplier was found the City was reimbursed for the money used to secure a supplier. He said once the City is certified, the City would have language in the Request for Proposal requesting reimbursement for contractual services. He said savings from this endeavor could reach hundreds of thousands of dollars.

Mr. Skindell also indicated that because there were several different proposals when it was initially drafted only gas aggregation was placed on the ordinances. He said changes will have to be made when the ordinances go to Committee to include both electric and gas aggregation.

Motion adopted. All members voting yea.
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19. ORDINANCE NO. 115-02 - AN EMERGENCY ORDINANCE authorizing and directing the Director of Law to engage a consulting firm to provide professional services in certification of the City of Lakewood as an aggregator of gas and to start a gas aggregation program for the City of Lakewood, 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. 31)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 115-02 on First Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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20. ORDINANCE NO. 116-02 - AN EMERGENCY ORDINANCE adjusting appropriations for expenditures in the General Fund for the fiscal year ending December 31, 2002 for the purpose of obtaining professional consulting services in connection with the gas aggregation program for the City of Lakewood. (Pg. 32)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 116-02 on First Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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21. Communication from Public Works Director Boag regarding Authorization to enter into a Long Term Lease for a Wireless Communication Tower at Winterhurst Ice Rink. (Pg. 33)

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

Mr. Dunn indicated that because he was employed full time at SBC Ameritech which had a sixty percent shareholder interest in Cingular Wireless and competes against AT&T Wireless PCS in Cleveland, he would recuse himself from this specific issue to avoid a conflict of interest.

Mr. George asked if the proceeds from the fund were intended to go into the Winterhurst Fund, and the Administration responded yes, that every five years when revenue was received it would go to the Winterhurst Enterprise Fund which the Administration said was currently in a negative balance.

A resident asked how much revenue the City would bring in during the five year time span and the Administration responded that every five years there would be a lease payment made to the City. The Administration said the initial payment for the first five years would be $90,000, there would be a fifteen percent increase every five years and the total long term life of the lease was thirty years.

A resident asked that a check be in place to ensure the revenue went into the Winterhurst Fund.

Motion adopted. Five members voting yea.
Abstention; Mr. Dunn
Communication referred to Public Works Committee
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22. ORDINANCE NO. 117-02 - AN EMERGENCY ORDINANCE requesting Council's approval of and authorizing the Mayor to enter into a lease for a portion of property located at 14740 Lakewood Heights Boulevard, Lakewood, Ohio for the placement of a wireless telecommunications tower. (Pg. 35)

Motion by Mr. Skindell, seconded by Mr. to place Ordinance No. 117-02 on First Reading and refer it to the Public Works Committee.

Ms. Roth referred to the picture attached to the correspondence and asked if the tower would be placed on Lakewood Heights Boulevard and the Administration responded yes.

Motion adopted. Five members voting yea.
Abstention; Mr. Dunn
Ordinance No. 117-02 Placed on 1st Reading & Referred to the Public Works Committee.
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23. Communication from Public Works Director Boag regarding Resolution to participate in the West Clifton Road Resurfacing Project with the Ohio Department of Transportation. (Pg. 45)

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

Motion adopted. All members voting yea.
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24. RESOLUTION NO. 7671-02 - A RESOLUTION committing the City of Lakewood to participate in a street resurfacing program for the resurfacing of West Clifton Boulevard in the City of Lakewood with the Ohio Department of Transportation. (Pg. 46)

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

Motion adopted. All members voting yea.
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25. Communication from Finance Director Blasko regarding Ordinance to Proceed Indianola Drive and Overbrook Avenue West Forest Road. (Pg. 48)

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

Motion adopted. All members voting yea.
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26. ORDINANCE NO. 118-02 - AN EMERGENCY ORDINANCE determining to proceed with the improvement of West Forest Drive (from Lake Road southerly to a cul-de-sac) in the City of Lakewood by removal of the existing pavement, curbs, sidewalks and aprons, and replacement with reinforced concrete pavement and asphalt overlay, new curbs, sidewalks and aprons, catch basins and tree lawn repair. Castings will be replaced where necessary. (Pg. 49)

Motion by Mr. Corrigan, seconded by Mr. George, to place Ordinance No. 118-02 on First Reading and refer it to the Public Works Committee.

Mr. Skindell noted a typographical error and Mr. Spellacy indicated it had been recognized.

Motion adopted. All members voting yea.
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27. ORDINANCE NO. 119-02 - AN EMERGENCY ORDINANCE determining to proceed with the improvement of Indianola Drive (Hilliard to Riverside) and Overbrook Avenue (Riverway to Indianola) in the City of Lakewood by removal of the existing pavement, curbs, sidewalks and aprons, and replacement with reinforced concrete pavement, new curbs, sidewalks and aprons, catch basins and tree lawn repair. Castings will be replaced where necessary. (Pg. 51)

Motion by Mr. George, seconded by Mr. Corrigan, to place Ordinance No. 119-02 on First Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
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28. Liquor Permit Application for a D5 transfer to Moon Pie Inc. 11729 Detroit Rd, Lakewood, Ohio 44107, from Emprise Inc., same address. (Pg. 53)

Mr. Dunn indicated the investigation was ongoing and that Police Chief Clark requested action be deferred.

Motion by Mr. Dunn, seconded by Ms. Roth, to defer action on this liquor permit application.

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

Announcements - June 9th first band concert and continuing through August 11th. Friday Night Flicks begin on June 14th through August 9th.

Meeting adjourned 10:07 P.M.

Approved:___________________ ________________________
PRESIDENT

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CLERK