MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
JULY 1, 2002
7:30 P.M.

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, , Executive Assistant to the Mayor Benjamin, Assistant Safety Director for the Division of Building & Housing Gallagher, Dottie Buckon from Health.
….
Motion by Mr. George, seconded by Mr. Seelie, to approve the minutes of May 20, 2002.
Motion adopted. All members voting yea.
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Without objection from Council Item 34 is read first, and Item 1. Public Comment is then heard without objection from Council.

****NEW BUSINESS****

1. Communication from Council President Seelie regarding YMCA Presentation. (Pg. 6)

Presentation of the YMCA project was made; including fund-raising updates, construction timelines and architecture drawings were presented.

The YMCA speaker indicated that meetings with community groups had taken place for input and support of the project. Speaker said a list of concerns was complied from neighbors in the immediate area. A major concern considered by some neighbors centered on the existing parking lot of the YMCA, specifically its unauthorized use in the night and early morning hours. The noise, activity and glaring lights from cars entering and exiting shining into living rooms were considered present nuisances. The YMCA speaker said that neighbors also expressed during meetings that there was overall light pollution from parking lot lights. He said that the YMCA worked with the architect to address those concerns.

The YMCA representative said it was decided to use the architect previously used by the YMCA as in Geauga County at Heather Hill Hospital. r said that the two and a half years working with the architect could be built upon in the Lakewood project. He said Doaty & Miller Architects brought the original renderings to Council and since then the project has changed.

He said the YMCA selected a fund-raising firm; American City Bureau out of Chicago which he indicated recently completed a several month study that included Lakewood and also Cuyahoga County.

The representative from the YMCA said there would be a full-time resident fund-raiser for the Lakewood Project exclusively.

He indicated that the process was ongoing of recruiting campaign leadership beginning in September. He said that two million dollars had been raised already. He said that a building cost, including fund-raising costs, and legal costs of 12.4 million dollars had now been established. He said the campaign goal then was to raise 10.4 million dollars with the intention of a groundbreaking this time next year.

He outlined the architectural requirements for the community indicating the goal to have something that was fit for the area and also withstood the test of time. He said that a lot of glass, for natural light would be used and that the building may be Lakewood’s first “green building” – which he described as a healthy and energy efficient building. He said the organization was seeking LEADS certification - a national certification, and that the green building status added approximately ten to twelve percent more to the cost but was considered to be worth it.

He indicated a letter of intent had been signed with Lakewood Hospital and that in-depth negotiations would begin soon. He said a 2500 square foot space in the facility was planned for a Lakewood Hospital patient re-hab center. He said he hoped the entire project would build a partnership in the community.

He indicated the facility would be multi-generational, conducive to creating community and family oriented by features such as child care facilities, an art gallery highlighting Lakewood artists or art about Lakewood, gymnasium with bleachers for spectators – and a multi-use gym that could change every hour and a half maybe an indoor skate park to a basketball court to a high ropes course.

Other features included pool features such as a family locker room, a gradual incline into shallow water for the disabled, children and seniors, “bubble benches” which was described as a whirlpool without heated water and other water apparatus.

He said major changes were made to the plan since last speaking to Council. Originally the plan was to take the existing building and build around it. He said the price for doing that became unmanageable and he said the building would not look good or be something that would last well into the future.

The decision was made to knock it down and build brand new. He provided that knocking down the old building addressed neighbors concern that there was too much unauthorized use of parking lot after hours by allowing for a widening of the entrance installing a control gate where only members could have access to. Concern about car lights shining into homes was addressed by installing a fence and trees. To combat the problem of light pollution in the parking lot, a light specialist was sought who then designed no-glare lights that would not shine into neighboring homes.

He said that building new would extend a construction period to twenty-eight months, and inconvenience members with saw dust, machinery and cost $500,000 premium to build it. He said the review board then asked what about closing the facility completely during that time, which he said would cost $300,000 and approximately 18 months to complete. He said finally the plan to completely re-build was offered which was said to be 15 months and that would cost $500,000. He said then the plan would be to offer present members a membership at any YMCA branch at a favorable price.

Mr. Seelie said that this was an important economic and recreational joint venture. He said he knew Council and the Administration was supportive of the venture. He said that he supported the effort.

Ms. Roth indicated that the plan looked as of the project would be a tremendous asset to the community. She asked where the present day care would be located and the speaker said that the YMCA staff was still looking for an appropriate facility. He said he wanted to continue to run the day care program because he did not want to stop and start it again. He said they hoped to be out of that building by May of 2003 and that it was not too early to look for space.

Mr. Dunn said to meet Ken, Kathy and Bob. Said there was overwhelming support in the community. Unique to all YMCA’s throughout the country – in the City of Lakewood, the percentage of people who are members of the YMCA and also residents was 98% which was considered extremely high.

Speaker said that the most recent leadership assessment that not only excitement about the building but people are willing to put money behind the effort.

Mayor Cain indicated that the City participated in the funding of the feasibility study well over a year ago. She said the YMCA has been in conversations with the Administration and that if the Y proceeded as planned the Administration would be brining to City Council the opportunity to assist in the funding process.

Mr. FitzGerald said that when he and Councilmember Roth looked at the issue in Committee they reviewed what other communities had done with recreational facilities and found that projects ended up being extremely expensive. He said he was happy with the challenge of looking creatively at funding the project with multiple entities like the Hospital and the City.

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

All members voting yea.
….

2. Committee of the Whole Oral Report regarding Ordinance No. 82-02 – Departmental Public Improvement Contracts.

Mr. Seelie said that the Committee of the Whole met to discuss Ordinance No. 82-02 that amends the ordinance to read contract and engineering and design other than for street reconstruction, projects shall specify a not-to-exceed dollar amount subject to separate resolution of Council. The Committee of the Whole recommended that the Ordinance be passed tonight.

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. 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. 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 require not to exceed language and separate approval of Council for architectural, engineering and design services for contracts other than those relating to street reconstruction projects, including water main and sewer line replacement projects.(PLEASE SUBSTITUTE FOR ORDINANCE NO. 82-02 PLACED ON 1ST READING & REFERRRED TO THE COMMITTEE OF THE WHOLE 3/18/02, 2ND READING 4/1/02, DEFERRED 4/15/02) (Pg. 7)

Motion by Mr. Seelie, seconded by Mr. George to amend to read subject to separate ordinances and approval of Council.

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

Law Director wanted to clarify for the record, that Section (b), of 111.01 …subject to separate ordinance and approval of Council was the part substituted.

Motion by Mr. Seelie, seconded by Mr. George to adopt as substituted.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 82-02 adopted as substituted.
….

4. Committee of the Whole Oral Report regarding Ordinance Nos. 113-02 & 114-02 – Charter Amendments.

Mr. Seelie indicated that Council met that evening in the Committee of the Whole to review the ordinances that have had two separate readings and are proposed to be placed on the ballot this November, the Charter amendment that does not change the original Charter but was the result of an oversight and warranted changing it back. This would include Council approval of all appointments. Mr. Seelie stated the amendment, “The Mayor shall appoint, with approval of Council, if and when the office is created the Director of Public Safety, and shall appoint, with the approval of Council, and may remove the Director of Public Works, the Director of Law, the Director of Finance, and the Director of Planning and Development, the Director of Human Services and the Health Commissioner.” Mr. Seelie indicated the ordinances have had three readings.

Motion by Mr. Seelie, seconded by Mr. George to receive and file the oral report. Motion adopted. All members voting yea.

5. 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, PLACED ON 2ND READING 6/17/02)(Pg. 9)

Motion by Mr. George, seconded by Mr. Seelie to adopt Ordinance No. 113-02.

Motion adopted. All members voting yea.
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6. 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, PLACED ON 2ND READING 6/17/02)(Pg. 11)

Motion by Mr. George, seconded by Mr. Seelie to adopt Ordinance No. 114-02.

Mr. Seelie indicated the change was needed because of an oversight during the re-write of the Second Amended Charter, the Mayor may remove for cause originally, for Boards and Commissions and was changed to “appointing authority” whether Council or the Administration.

Motion adopted. All members voting yea.
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7. Finance Committee Oral Report regarding Gas and Electric Aggregation.

Mr. George said the Finance Committee met that afternoon to discuss Ordinances 115-02 and 116-02 indicating they were both substitutes. He said the issues are electric and gas aggregation, a request for $10,000 to hire a consultant to assist the City in analyzing utility suppliers and make a recommendation to the City for finding best pricing for gas and electric . He said the City plans to recoup the $10,000 during the process with a second goal to have the City individually certified by P.U.C.O. so, if warranted - to have the City be a separate purchaser of gas and electric.

Mr. George said the Committee heard from the Administration and Councilman Skindell who attended the meeting. Mr. George indicated the Committee voted to recommend adoption of Ordinance 115-02.

Motion by Mr. George, seconded by Mr. Seelie to receive and file this oral report.
Motion adopted. All members voting yea.
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8. 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, PLACED ON 2ND READING 6/17/02)(Pg. 13)

Motion by Mr. George, seconded by Mr. Seelie, to substitute Ordinance No. 115-02.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 115-02 substituted.

Motion by Mr. George, seconded by Mr. Seelie to adopt Ordinance No. 115-02 as substituted.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. All members voting yea.
….

9. 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, PLACED ON 2ND READING 6/17/02)(Pg. 14)

Motion by Mr. George, seconded by Mr. Seelie, to substitute Ordinance No. 116-02.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 116-02 substituted.

Motion by Mr. George, seconded by Mr. Seelie to adopt Ordinance No. 116-02 as substituted.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. All members voting yea.

…
10. Finance Committee Oral Report regarding $1,576,000 Hilliard Road Improvement Bond Anticipation Notes, Series 2002.

Mr. George indicated the Finance Committee met that afternoon to review Ordinances 123-02, and 124-02 Hilliard Road improvements. He said these were short-term bond anticipation notes which were originally issued August, 2001, the refinancing of these reflects 20% down on the original note issue of 1.97 million dollars. Mr. George indicated the Committee voted unanimously to recommend adoption of Ordinances 123-02 and 124-02.

Motion by Mr. George, seconded by Mr. Seelie to receive and file this oral report.
Motion adopted. All members voting yea.
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11. Fiscal Officers Certificate - $696,000 Hilliard Road Improvement Bond Anticipation Notes – Sewers. (REFERRED TO FINANCE COMMITTEE 6/17/02) (Pg. 15)

Motion by Mr. George, seconded by Mr. Seelie to receive and file the fiscal officer’s certificate.

Motion adopted. All members voting yea.
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12. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/17/02) (Pg. 16)

Mr. George indicated that suspended the rules was not discussed but that he recalled the Finance Director had some thoughts on that issue.

Finance Director Blasko agreed she did stating that in order to take advantage of the market at the present time, the interest rate at this time it would be in the best interest of the City of passing the bonds that night.

Motion by Mr. George, seconded by Mr. Dunn, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 123-02 on final reading.

Ms. Roth asked when the bonds would be issued. Ms. Blasko responded that the notes are due on August 23rd, and that the City would go ahead and issue the notes immediately upon passage of the legislation. She said the City would receive the funds prior to the maturity of the August notes and the funds would be invested until it’s time to pay off those notes and bonds.

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

Motion by Mr. George, seconded by Mr. Seelie to adopt Ordinance No. 123-02.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 123-02 adopted.
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13. Fiscal Officer’s Certificate - $880,000 Hilliard Road Improvement Bond Anticipation Notes- Watermains. (REFERRED TO FINANCE COMMITTEE 6/17/02)(Pg. 20)

Motion by Mr. George, seconded by Mr. Seelie, to receive and file the fiscal officer’s certificate.

Motion adopted. All members voting yea.

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14. 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. (PLACED ON 1ST READING & REFERRED TO FINANCE COMMITTEE 6/17/02)(Pg. 21)

Motion by Mr. George, seconded by Mr. Seelie to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 124-02 on final reading.

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

Motion by Mr. George, seconded by Mr. Seelie to adopt Ordinance No. 124-02.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 124-02 adopted.

15. Public Works Committee Oral Report regarding Applying to Nature Works/Land & Water for Gant for Lakewood Park.

Mr. Corrigan indicated the Committee met June 27, 2002 to discuss the Natureworks application Grant – Resolution No. 7670-02. He said the Resolution authorized the City to apply for potential funding through the State’s NatureWorks/Land and Water Conservation Fund Program for seeking outside sources of funding to help in projects being considered in the Lakewood Park Master Plan. He stated that that NatureWorks grant would be a 75% reimbursement for projects that qualified. He said the City is also eligible to apply for a second fund - the Land and Water Fund – that offers a 50% reimbursement. He said these are federal dollars that are issued to the state. He stated that last year the Land and Water Fund was in the area of 3.5 million dollars of which Cuyahoga County was allotted almost $390,000. He said passage of the ordinance would enable the Administration to apply for grants for spring of 2003. The Committee unanimously recommended adoption.

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

Motion adopted. All members voting yea.

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16. 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. (REFERRED TO PUBLIC WORKS COMMITTEE 6/17/02) (Pg. 25)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to adopt Resolution No. 7670-02.

Motion adopted. All members voting yea.

….

17. Public Works Committee Oral Report regarding Wireless Communication Tower Lease at Winterhurst Ice Rink.

Mr. Corrigan indicated that the Public Works Committee met on June 27, 2002 to discuss the wireless tower to be located at Winterhurst. He said in attendance were Members of the Administration, the Mayor, members of the Public Works Committee absent Mr. Dunn who recused himself from any discussions because of a potential, perceived conflict. He said also present Sean Craig from Ever Clear Communications on behalf of AT&T Wireless. He said a presentation was made indicating a monopole tower of 150 feet high. He said the ordinance would allow the City to enter into a lease with AT&T Wireless of Cleveland to locate a 150 foot wireless communication tower at Winterhurst Ice Rink. The lease calls for an initial five year agreement that would automatically renew for an additional five year term. He said the City would be paid in advance of each five year term with the first advance rental payment of $90,000. He said it would be $90,000 over the term of the 5 year lease and the subsequent five year renewal – that $90,000 renewal would increase by 15% over the previous term. He said the money from the rental would be used to offset operating and capital expenses related to Winterhurst. He also noted that the tower would locate AT&T devices for them to transmit their signal along with three other providers. Mr. Corrigan said it would also house the City of Lakewood’s antennas allowing and upgrading significantly the City’s communications capacity for Lakewood’s safety forces and other City service vehicles.

The Committee members present (Mr. Dunn having recused himself) recommended referring the item back to the Public Works Committee.

Mr. Seelie asked if there was a technological reason why the monopole could not be placed at the Berea Road facility next o I-90.

Mr. Boag responded that the technology was a “line of sight” technology and the cellular tower had to “see” the other cell tower. Mr. Boag said there was a series of towers located at different distances and locating a tower at Berea Road would put two of the towers back to back and would not fill the gap.

Ms. Roth asked that she be apprised of the meeting anticipated for this issue. Mr. Corrigan indicated to expect the meeting in the next couple of weeks.

A citizen asked if it would be possible to locate a weather alert system on the tower.

Mr. Corrigan indicated that he didn’t think it was possible because when there was a suggestion to put four antennas up there without the City’s the height was going to be 120 feet but when the City wanted to put equipment on as well it moved the height up to 150 feet. He said too that the coverage in that area was more than likely good anyway because presently the sirens are located at the main fire station on Madison.

Fire Chief Mroz indicated that one of the reasons one of the weather sirens was moved to the Fire station was to improve the southern coverage. He said he wouldn’t know until an engineering study was done as to whether equipment would fit on a tower such as the one being proposed.

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

Motion adopted. Six members voting yea.
Abstention. Mr. Dunn
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18. 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, PLACED ON 2ND READING 6/17/02)(Pg. 26)

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

Motion adopted. Six members voting yea.
Abstention. Mr. Dunn
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19. Public Works Committee Oral Report regarding Participation in the West Clifton Road Resurfacing Project with Ohio Department of Transportation.

Mr. Corrigan Indicated that the Resolution affirms the City’s intent to participate with the Ohio Department of Transportation in the estimated $245,00 West Clifton Road Resurfacing Project with ODOT assuming 80% and the City assuming 20% of the cost. He indicated that the City will assume 100% responsibility for the installation and/or repair of curbs, ramps where necessary to ensure compliance with the Americans with Disabilities Act. He said this action is necessary for inclusion of the project by ODOT in their spring 2003 Construction Program.

Mr. Corrigan indicated that the Committee voted unanimously to recommend adoption of the Resolution.

Motion by Mr. Corrigan, seconded by Mr. George to receive and file this oral report.
Motion adopted. All members voting yea.
….

20. 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. (REFERRED TO THE PUBLIC WORKS COMMITTEE 6/3/02)(Pg. 32)

Motion by Mr. Corrigan, seconded by Mr. George to adopt Resolution No. 7671-02.
Motion adopted. All members voting yea.
….

21. Public Works Committee Oral Report regarding Ordinances to Proceed for Indianola, Overbrook and West Forest.

Mr. Corrigan indicated

Motion by Mr. Corrigan, seconded by Mr. Dunn to receive and file this oral report.
Motion adopted. All members voting yea.

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22. ORDINANCE NO. 118-02 – AN EMERGENCY ORDINANCE determining to proceed with the improvement of West Forest Road (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. 34)

Motion by Mr. Corrigan, seconded by Mr. Dunn, to substitute Ordinance No. 118-02.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 118-02 substituted.

Motion by Mr. Corrigan, seconded by Mr. George to adopt as substituted.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 118-02 adopted as substituted

….

23. 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, PLACED ON 2ND READING 6/17/02)(Pg. 38)

Motion by Mr. Corrigan, seconded by Mr. George to substitute Ordinance No. 119-02.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 119-02 substituted

Motion by Mr. Corrigan, seconded by Mr. George to adopt Ordinance No. 119-02 as substituted.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 119-02 adopted as substituted.

….
24. Public Works Committee Oral Report regarding Resolution and Ordinance Authorizing and Appropriating Funds for Lakewood’s share in the Repair of the Westshore Council of Governments Tub Grinder.

Mr. Corrigan indicated that because of an act of vandalism the tub grinder needed repair. The equipment was in Westlake and insurance was hoped to recoup some money for repair.
Mayor Cain indicated that the Westshore Council of Government would ensure the equipment in the future but had not previously because of an oversight.

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

Motion adopted. All members voting yea.
….

25. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 6/17/02) (Pg. 42)

Motion by Mr. Corrigan, seconded by Mr. Seelie to suspend the rules requiring this ordinance be read on three separate occasions and placing Ordinance No. 125-02 on final reading.

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

Motion by Mr. Corrigan, seconded by Mr. Seelie to adopt Ordinance No. 125-02.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Ordinance No. 125-02 adopted.

….

26. 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. (REFERRED TO THE PUBLIC WORKS COMMITTEE 6/17/02)(Pg. 43)

Motion by Mr. Corrigan, seconded by Mr. Seelie to suspend the rules requiring this Resolution be read on three separate occasions and placing Resolution No. 7678-02 on final reading.

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

Motion by Mr. Corrigan, seconded by Mr. George to adopt Resolution No. 7678-02.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Resolution No. 7678-02 adopted.
….

27. Public Safety Committee Oral Report regarding Municipal Fire Alarm Street Box System.

Mr. Corrigan indicated the Committee was in agreement with Fire Departments plan to study the entire 239 fire alarm street boxes as 43 had been eliminated due to deterioration. Mr. Corrigan indicated the Committee supported the practice of stream lining the entire fire alarm street box system.

Motion by Mr. Corrigan, seconded by Ms. Roth to receive, file and concur in this oral report.

Motion adopted. All members voting yea.
….

28. Liquor Permit Application for a new D1 classification to James J. Mileti, 12112 Madison Avenue, Lakewood, Ohio 44107. (Deferred 6/17/02)(Pg. 45)

It was indicated that the application was in the process of being completed.

Motion by Mr. George, seconded by Mr. Seelie to defer action on this item.
Motion adopted. All members voting yea.

….

29. RESOLUTION NO. 7680-02 – AN EMERGENCY RESOLUTION to object to the issuance of new liquor permits to James J. Mileti for an establishment located at 12112 Madison Avenue, City of Lakewood, Ohio 44107. (Pg. 46)

Motion by Mr. George, seconded by Mr. Seelie to defer action on Resolution No. 768-02.
Motion adopted. All members voting yea.
….

30. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/17/02).(Pg. 48)

Motion by Mr. Seelie, seconded by Mr. George to place Resolution No. 7677-02 on Second Reading.

Motion adopted. All members voting yea.
….
31. 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)(PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/17/02)(Pg. 49)
Motion by Mr. Seelie, seconded by Mr. George to placed Ordinance No. 122-02 on Second Reading.

Motion adopted. All members voting yea.
….

32. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/17/02) (Pg. 51)

Motion by Mr. Seelie, seconded by Mr. George to placed Ordinance No. 126-02 on Second Reading.

Motion adopted. All members voting yea.
….

33. ORDINANCE NO. 127-02 – AN EMERGENCY ORDINANCE fixing the compensation of the Clerk of the Lakewood Municipal Court, the time and method of payment. (PLACED ON 1ST READING AND REFERRED TO THE COMMITTEE OF THE WHOLE 6/17/02) (Pg. 52)

Motion by Mr. Seelie, seconded by Mr. George to placed Ordinance No. 127-02 on Second Reading.

Motion adopted. All members voting yea.

****NEW BUSINESS****

34. Communication from Mayor Cain regarding Nick Macron. (Pg. 53)

Motion by Mr. Skindell, seconded by Mr. Seelie to receive and file the communication.

Councilmembers mentioned Mr. Macron’s unifying influence in the community and that he would be missed.

35. RESOLUTION NO. 7681-02 – A RESOLUTION to honor the memory of Nick Macron whose many years in Lakewood were marked by exemplary dedication to the best interests of his community. (Pg. 54)

Motion by Mr. George, seconded by Mr. Seelie to adopt Resolution No. 7681-02.
Motion adopted. All members voting yea.
….
36. Communication from Law Director Spellacy regarding Cable Franchise. (Pg. 55)

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.
….

37. ORDINANCE NO. 128-02 – AN ORDINANCE extending the nonexclusive franchise held by CoxCom, Inc., dba Cox Cable, to construct, operate and maintain a cable television system in the City of Lakewood. (Pg. 56)

Motion by Mr. George, seconded by Mr. Dunn, to placed Ordinance No. 128-02 on First Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.

Meeting adjourned. 9:55 P.M.

Approved:____________________ ____________________________
President

____________________________
Clerk