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, 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, Acting Chief 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. George, seconded by Mr. Seelie, to approve the minutes of of March
18, 2002,(typo) April 1, 2002, and June 3, 2002.
Motion adopted. All members voting yea.
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Without objections from Members of Council Items 27, 28, 29 and 30 are brought
forward to the beginning of the agenda.
****OLD BUSINESS****
1. Planning Commission Report regarding Proposed Pedestrian Park at St. Charles Green. (Pg. 6)
Motion by Mr. Seelie, seconded by Mr. George, to receive, file and concur in this report.
Motion adopted. All members voting yea.
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2. Committee of the Whole Oral Report regarding Ordinances 110-02 and 112-02.
Motion by Mr. Seelie, seconded by Mr. George, to receive and file this oral report.
Motion adopted. All members voting yea.
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3. Communication from Planning & Development Director Pietravoia regarding
Funding Allocation Recommendations for Substantial Changes to Fiscal Year 2002
Budget of Unspent CDBG Dollars. (Pg. 10)
Motion by Mr. George, seconded by Mr. Seelie, to receive and file this communication.
Motion adopted. All members voting yea.
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4. Report from Citizen Advisory Committee regarding EDF Funding Requests; 110-02 and 112-02. (Pg. 12)
Motion by Mr. George, seconded by Mr. Seelie, to receive and file this report.
Motion adopted. All members voting yea.
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5. RESOLUTION NO. 7672-02 - AN EMERGENCY RESOLUTION authorizing and directing the Mayor to submit budget adjustments to the Fiscal year ("FY") 2002 One-Year Action Plan of the Consolidated Plan, which includes dollar allocations and activities for federal Community Development Block Grant ("CDBG") funds, and incorporates the City's application for CDBG funds, HOME Investment Partnership funds, Emergency Shelter Grant ("ESG") funds, and all amendments thereto and all understandings and assurances contained therein, to the U.S. Department of Housing and Urban Development (HUD). (Pg. 14)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7672-02.
Motion adopted. All members voting yea.
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6. 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, REFERRED TO CITIZENS ADVISORY COMMITTEE 6/3/02)(Pg. 17)
Motion by Mr. Seelie, seconded by Mr. George, to adopt Ordinance No. 110-02.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Ordinance No. 110-02 adopted.
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7. 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, PLACED
ON 2ND READING & REFERRED TO CITIZENS ADVISORY COMMITTEE 6/3/02)(Pg. 18)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 112-02.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Ordinance No. 112-02 adopted.
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8. Housing Committee Oral Report regarding Renewing Housing Consortium - HOME Program.
Motion by Ms. Roth, seconded by Mr. Seelie, to receive and file this oral report.
Motion adopted. All members voting yea.
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9. RESOLUTION NO. 7665-02 - AN EMERGENCY RESOLUTION authorizing the Mayor of
the City of Lakewood to enter into an amended and restated agreement with the
cities of Cleveland Heights, Euclid, Parma and the County of Cuyahoga, Ohio
for the continued operation of the Cuyahoga Housing Consortium to make joint
application for and administer federal funds available under the HOME Program,
said funding authorized by the Cranston-Gonzales National Affordable Housing
Act of 1990. (REFERRED TO THE HOUSING COMMITTEE 5/20/02)(Pg. 19)
Motion by Mr. Skindell, seconded by Mr. George, to adopt Resolution No. 7665-02.
Motion adopted. All members voting yea.
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10. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/3/02)(Pg. 21)
Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 113-02 on Second Reading and refer it back to the Committee of the Whole.
Motion adopted. All members voting yea.
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11. 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.
(PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/3/02)(Pg.
23)
Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 114-02 on Second Reading and refer it back to the Committee of the Whole.
Motion adopted. All members voting yea.
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12. 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 electric
and to start a gas and electric 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.
(PLEASE SUBSTITUTE FOR ORDINANCE NO. 115-02 PLACED ON 1ST READING & REFERRED
TO THE FINANCE COMMITTEE 6/3/02)(Pg. 25)
Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 115?02 on second reading as substituted.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell,
Nays: None.
Ordinance No. 115?02 placed on 2nd reading as amended.
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13. 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 and electric aggregation program for the City of Lakewood. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 116-02 PLACED ON 1ST READING AND REFERRED TO THE FINANCE COMMITTEE 6/3/02)(Pg. 26)
Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 116?02 on second reading as substituted.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None.
Ordinance No. 116?02 adopted as amended.
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14. 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. (PLACED ON 1ST READING & REFERRED
TO THE PUBLIC WORKS COMMITTEE 6/3/02)(Pg. 27)
Motion by Mr. seconded by Mr. to place Ordinance No. 117-02 on Second Reading.
Motion adopted. All members voting yea.
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15. 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. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 118-02 PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 6/3/02)(Pg. 33)
Motion by Mr. , seconded by Ms. , to amend Ordinance No. 118?02 to conform.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None.
Ordinance No. 118?02 amended to conform.
Motion by Mr. seconded by Mr. Seelie, to place Ordinance No. 118?02 on second reading as amended.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None.
Ordinance No. 118?02 adopted as amended.
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16. 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. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 119-02 PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 6/3/02)(Pg. 35)
Motion by Mr. , seconded by Ms. , to amend Ordinance No. 119?02 to conform.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None.
Ordinance No. 119?02 amended to conform.
Motion by Mr. seconded by Mr. Seelie, to place Ordinance No. 119?02 on second reading as amended.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None.
Ordinance No. 119?02 adopted as amended.
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17. Liquor Permit Application for a D5 transfer to Moon Pie Inc. 11729 Detroit Rd, Lakewood, Ohio 44107, from Emprise Inc., same address. (DEFERRED 6/3/02)(Pg. 37)
18. RESOLUTION NO. 7673-02 - AN EMERGENCY RESOLUTION objecting to the transfer of ownership of a D5 liquor permit from Emprise Inc., to Moon Pie Inc. dba Hi-Fi Club and Grill for an establishment located at 11729 Detroit Avenue, City of Lakewood, Ohio 44107. (Pg. 39)
****NEW BUSINESSS****
19. Communication from Council President Seelie regarding YMCA presentation. (Pg. 41)
20. Communication from Councilmember FitzGerald regarding Land Use Review regarding Development Safeguards. (Pg. 42)
21. Communication from Councilmembers Dunn and Skindell regarding Temporary Rent Stabilization for Multi-Family Dwellings. (Pg. 43)
22. ORIDNANCE NO. 120-02 - AN EMERGENCY ORDINANCE providing for temporary stabilization of rent increases greater than five percent (5%) in the City of Lakewood from June 19, 2002, through September 19, 2002, and refund of any rental increases greater than fiver percent (5%). (Pg. 44)
23. Communication from Mayor Cain regarding Contracting Authority for the Police Canine Program. (Pg. 48)
24. ORDINANCE NO. 121-02 - AN EMERGENCY ORDINANCE authorizing the Mayor, as the Director of Public Safety, to enter into a contract with the lowest and best bidder for two Police Canines and training in accordance with the Administrative Code of the City of Lakewood. (Pg. 49)
25. Communication from Mayor Cain regarding Resolution for D.A.R.E. Program Funding. (Pg. 51)
26. RESOLUTION NO. 7674-02 - A Resolution supporting the grant application by the Division of Police to the Ohio Attorney General's Office for funding for the City's Drug Abuse Resistance Education program, and commending the Division of Police for its continued efforts to educate young people of the City of Lakewood as to the hazards of alcohol and drugs. (Pg. 52)
27. Communication from Mayor Cain regarding Mary Condon Brereton. (Pg. 53)
Motion by Mr. Skindell, seconded by Mr. George, to receive and file this communication.
Mr. Skindell mentioned Mary Brereton's history of serving the City of Lakewood on Boards and Committees. Mr. George provided his thanks to Mary Brereton indicating Mary's enthusiasm for promoting the City came natural to her.
Motion adopted. All members voting yea.
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28. RESOLUTION NO. 7675-02 - A RESOLUTION to commend and acknowledge Mary Condon Brereton for her dedicated service to the City of Lakewood in her position as Executive Assistant to the Mayor for Community Relations. (Pg. 54)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7675-02.
Ms. Roth further expressed appreciation to Mary Brereton for her hard work and highlighted the website.
Motion adopted. All members voting yea.
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29. Communication from Mayor Cain regarding Flag Mural. (Pg. 55)
Motion by Mr. George, seconded by Mr. Skindell, to receive and file this communication.
Motion adopted. All members voting yea.
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30. RESOLUTION NO. 7676-02 - A RESOLUTION to thank Mr. Joseph J. Arcisz, Mr.
Michael McNamara and Mr. Michael Kordick for their contribution of a flag mural
to the community of Lakewood. (Pg. 56)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7676-02.
Mayor Cain commented further that Michael McNamara volunteered several day long labor to the project. She said the finished prob. Great symbol of unity and community. Michael McNamara came up with the design, and through his talents and Michael Kordick's talents, with generosity of Mr. Arcisz who donated paint for the effort.
Motion adopted. All members voting yea.
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31. Communication from Mayor Cain regarding Revised Guidelines for the Economic Development Fund Program. (Pg. 57)
32. RESOLUTION NO. 7677-02 - AN EMERGENCY RESOLUTION expressing the acceptance and approval by the Lakewood City Council of recommended revised guidelines or an enhanced Economic Development Fund (EDF) for utilization by the City's Department of Planning and Development in operating and administrating such program. (Pg. 59)
33. Communication from Planning & Development Director Pietravoia regarding Economic Development Fund Loan Approval for Dr. Keith Jordan d.b.a. Optimal Health Chiropractic Clinic LLC at 11860 Clifton Boulevard. (Pg. 60)
34. ORDINANCE NO. 122-02 - AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into an agreement with Dr. Keith Jordan d.b.a. Optimal Health Chiropractic Clinic LLC for participation in the Lakewood Business Investment Program (BIP) of the Economic Development Fund (EDF) for a ten (10) year forgivable loan in an amount of Two Hundred Thousand Dollars ($200,000.00)(Pg. 69)
35. Communication from Finance Director Blasko regarding $1,576,000 City of Lakewood, Ohio Hilliard Road Improvement Bond Anticipation Notes, Series 2002. (Pg. 71)
36. Fiscal Officers Certificate - $696,000 Hilliard Road Improvement Bond Anticipation Notes - Sewers. (Pg. 72)
37. ORDINANCE NO. 123-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $696,000 Hilliard Road Improvement Bond Anticipation Notes - Sewers of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Hilliard Road by replacing sewers, together with any necessary appurtenances thereto. (Pg. 73)
38. Fiscal Officer's Certificate - $880,000 Hilliard Road Improvement Bond Anticipation Notes- Watermains. (Pg. 77)
39. ORDINANCE NO. 124-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $880,000 Hilliard Road Improvement Bond Anticipation Notes - Watermains of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Hilliard Road by replacing watermains, together with any necessary appurtenances. (Pg. 78)
40. Communication from Public Works Director Boag regarding Resolution and Ordinance Authorizing and Appropriating Funds for the Repair of the Westshore Council of Governments Tub Grinder. (Pg. 82)
41. ORDINANCE NO. 125-02 - AN EMERGENCY ORDINANCE adjusting appropriations for expenditures in the General Fund for the fiscal year ending December 31, 2002 for the purpose of paying the Westshore Council of Government the City of Lakewood's share for the repair of a jointly owned Morbark Tub Grinder pursuant to Lakewood Codified Ordinance §111.08, Joint Purchasing Through the Westshore Council of Government. (Pg. 83)
42. RESOLUTION NO. 7678-02 - AN EMERGENCY RESOLUTION approving the payment to the Westshore Council of Government and amount not to exceed $10,000 for the City of Lakewood's portion of the repair of a Morbark Model 1100 Tub Grinder that was purchased jointly in 1991 through the Westshore Council of Government pursuant to Lakewood Codified Ordinance §111.08. (Pg. 84)
43. Communication from Fire Chief Mroz regarding Municipal Fire Alarm Street Box System. (Pg. 86)
44. Communication from Judge Carroll regarding Clerk of Court and Probation Officer Salary Ordinances. (Pg. 87)
45. ORDINANCE NO. 126-02 - AN EMERGENCY ORDINANCE fixing the compensation of the Probation Officer of the Lakewood Municipal Court and the time and method of payment. (Pg. 88)
46. ORDINANCE NO. 127-02 - AN EMERGENCY ORDINANCE fixing the compensation of the Clerk of the Lakewood Municipal Court, the time and method of payment. (Pg. 89)
47. Liquor Permit Application for a new D1 classification to James J. Mileti, 12112 Madison Avenue, Lakewood, Ohio 44107. (Pg. 90)
Motion by Mr. Seelie, seconded by Mr. Corrigan to adjourn the meeting.
Meeting adjourned 10:07 P.M.
Approved:___________________ ________________________
PRESIDENT
________________________
CLERK