Regular Meeting of the Lakewood City Council called to order at 7:38 P.M. by President Seelie.
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Present: Councilmembers Patrick S. Corrigan, Ryan Patrick Demro, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan, Robert M. Seelie.
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Also Present: Mayor George, Law Director Corrigan, Finance Director Nogalo, Police Chief Malley, Fire Chief Mroz, Public Works Director Beno, Planning & Development Director Pietravoia, Human Services Director Buckon, Assistant Director for Economic Development Dryck Bennett.

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to approve the Minutes of April 5, without the necessity of a reading.

Motion adopted. Six members voting yea.
Abstention. Mr. Demro

Without objection from Council, Items 29, 30, 21, 24, 25, 26, & 23 were moved up on the agenda order and read first before resuming regular docket order.

****OLD BUSINESS****

1. Finance Committee Verbal Report regarding Ordinance 23-04 – Cogeneration Study $50,000, Parking Study, $20,000, Ordinance 29-04 – Housing License Fees, Ordinance 30-04; Permit Fees, Ordinance 31-04 – Registration by Building Commissioner & Ordinance 32-04; Time & Fee General Contractor’s Registration Fee.

Mr. FitzGerald submitted the following report:

Your Finance Committee met last Tuesday and also before today’s Council Meeting and we covered a lot of ground. One of the items on our agenda at the last Finance Committee was the sewer rates and we chose to take that off tonight’s docket because we wanted to have Council to have the opportunity to begin to meditate and reflect on the information from Metcalf and Eddy’s presentation and we felt that that was premature at this time. We didn’t bring that forward for the docket tonight until people can take that information and study it. ON the other issues, there were a number of requests from the Administration for increases in various fees that had to do with housing license fees, permit fees, various fees and charges that are charged by the Building Department.

These are being brought forward for two reasons. One was because the City is in financial need and we’re looking at every possible revenue stream to assist the City in tough times financially. Second, is that these particular fees had not been adjusted up since 1991, so you’ve got more than a doze years of fees which have never been increased. One of the pieces of information that the Committee asked for and a lot of it was already provided by the Finance Department, but there’s more coming, was; how are we in relation to other communities as far as the fees and charges that their building departments charge. And the short answer to that is that our fees are significantly less than most of our similarly situated communities. It is logical that there’d probably be some adjustment. The other part of the analysis is that we looked at the relationship between the cost of the building Department and the revenue of the building Department and if you go back to 1991 which is the last time that the fees were changed you’d have a rough correlation between the amount of funds that the Building Department is bringing in through various fees and permits and so forth and what their personnel costs are to run the department. You’re within $100,000 or so, if you go back ten or twelve years. What you have now, is you have a pretty wide gap. You have a little bit over a million dollars in personnel costs with the City building department and you still have our income with from the Building Department as pretty much flat. There’s a deficit now of three or four hundred thousand dollars. It’s not supporting itself the way that it was twelve years ago because the personnel costs have increased but our revenue and our charges that we’re charging aren’t increasing.

The general sense of the Committee was that these things should be increased however, we also heard testimony from various members of the business community in particular folks who are investing and have made investments in multi-family apartment buildings and condominiums and so forth. First of all they conceded that the rates were low in many cases and could justify an increase in those rates and were willing to go along with that. They didn’t want twelve years of not raising the rates to be dropped on them all at one time so that they did not have an opportunity to adjust to that economically. The Committee felt that that was a reasonable position. Also, I have to not, that the Administration had already scaled back somewhat their original permit fee increase request for those owners. But the owners wanted some additional consideration and they also wanted an opportunity to provide us additional information about the way other suburbs are handling this particular problem, we felt that that was reasonable. We suspended any further consideration from Council or actually adopting permit fees until we could have more in-depth conversations with them. I’d also that we tired to do something a little bit different with the Finance Committee which was when we were going to look at raising a fee that we wouldn’t look at it in a vacuum and just at the fee but we’d also look at the performance of the Department and see if there’s any area where we could be able to tell the public well not only is the fee going to go up in this area but there’s also going to be an increased level of service from that Department. We thought that that made sense from a management point of view.

The Chamber of Commerce and again, some of the apartment owners made some suggestions of improvements in the way that the Building Department could treat apartment owners and property owners who are doing an outstanding job and going above and beyond the minimum of Code compliance. In Cleveland Heights and Shaker Heights where they have special programs where those owners who are doing an exemplary job get recognized by the City and get some marketing assistance through the City’s website. It could be done for relatively low cost and that’s important to some of them. I think that we’re going to be able to bring in front of Council hopefully, before we ask for an increase in permit a corresponding increase in service that we’re providing both the folks that are investing in the rental community and also tenants who want to be able to identify quality rental opportunities in the City of Lakewood. I think it’s going to be something pretty creative that’s been very successful particularly in the City of Shaker Heights.

We also considered two consulting contracts. One, was the cogeneration study which has been in front of Council before. It’s basically a technical study that needs to be done to see if there are energy savings and efficiencies that could be gained from existing City operations. We were again asking some additional questions, we wanted to know if any of the studies that we were contemplating could be done in-house. This particular study, the cogeneration study, is just too technically complex to do that one in-house. We were recommending adoption of that for those reasons and also because it has the potential in the long run to save the City money and make the City more energy efficient.

We also considered the parking study, $20,000 and we pulled that for this evening, for the following reasons. One, there is a consensus on the Committee that yes there is a crisis in parking, everybody agreed with that and we got some additional testimony this evening form individuals from the Chamber of Commerce who testified to the depth and breadth of the problem with parking in the City so everyone knows that. What we wanted to make sure and this is actually Councilman Dever brought this point up and others that if we were going to spend $20,000 on a study that it would really capture the entire breadth of the parking problem, that we weren’t just going to get a parking count, that we were really going to look at a total solution to the parking problem. There are also other parking issues that weren’t originally contemplated in this study that we wanted to make sure were included. I know other members of Council have received correspondence in recent weeks from the neighborhoods surrounding Calanni’s autobody shop. I know there’s some folks that are back again from the neighborhood again. That particular situation continues to fester and it is really putting a stranglehold on the commercial area around Calanni’s. I recently started to reinvestigate that situation and in particular looking at the City adopting a new strategy which as opposed to just citing them with building code violations would look at the actual filing of a lawsuit on the grounds of nuisance pursuant to I think it’s Ohio Revised Code Section 3767. And there’s a couple ways that could be done. I mentioned it to Law Director Corrigan before the meeting but it’s something that basically gets to the heart of the problem where if a suit like that is successful it actually shuts a property down until the condition is abated. And I’ve had some preliminary conversations with some residents there and I’m hoping that that could possibly be a permanent solution to that problem, however, those types of cases are very involved and it’s something that the residents need to consider and the city needs to consider; it’s also a partial solution to the parking problem. We’re trying to look at the whole thing holistically. It’s something the City could do on its own, it’s also something that if the City declined to do that the residents could maintain a private action on their own to do with possible City assistance.

There are a lot of issues with the parking study. We had a very productive discussion with the folks from the Chamber of Commerce who are down here who have put an immense amount of work into this and I think we’re going to come up with a solution on it but we weren’t ready to go forward with it just yet.

What I’m bringing to you this evening is basically just the cogeneration study, recommending that for adoption tonight. We’ll be taking Ordinance 23-04, we’ll be deleting the sections relating to the parking study and retaining sections relating to the cogeneration study. All the other items I’m asking to be differed and referred back to the Finance Committee.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive and file the verbal report.

Mayor George stated that the Capital Budget has an allocation of $20,000 per year for the next five years for new, upgraded parking meters. He stated that in addition to that the Parking Facilities Fund has a revenue of about $270,000 and about $270,000 expenditures. He indicated it was a break even situation and that this was not adequate. He said that there needed to be more parking created in the City and smarter aligning of the meters. He said there were some people that believed on-street parking should be long-term, and that he did not think it should be. He said that most other places are under the assumption that parking on the street if short-term parking. He said that the parking study is intended to be a view of the entire City, parking meters, parking lots; Legacy Village, Easton in Columbus, short-term parking, intermediate parking, long-term parking in the same area. He said this needed to be identified in a professional way where those areas are best located, best length of time for parking meters, best monetary amount.

Motion adopted. All members voting yea.
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2. ORDINANCE NO. 23-04 – AN EMERGENCY ORDINANCE authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Procurement Officer to enter into contracts for professional services as authorized by the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law not to exceed the specified amounts shown without separate resolution of Council. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/17/04, 2ND READING 3/15/04, DEFERRED 4/5/04))(Pg. 7)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to amend Ordinance 23-04 by deleting under Section 1, the line that says parking study, $20,000.

Motion adopted. All members voting yea.
Ordinance No. 23-04 amended.

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to adopt Ordinance No. 23-04 as amended.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 23-04 adopted as amended.
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3. ORDINANCE NO. 29-04 – AN ORDINANCE to amend section 1306.44, License Application Form and Fee, of the Codified Ordinances of the City of Lakewood for the purpose of updating housing license fees and paying the cost of periodic inspections. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/15/04, 2ND READING 4/5/04)Pg. 8)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 29-04 on 2nd Reading and refer it back to Finance Committee. (2nd Reading was not referenced on ordinance title and was clarified later).

Motion adopted. All members voting yea.
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4. ORDINANCE NO. 30-04 – AN ORDINANCE to amend Chapter 1309, Permit Fees, of the Codified Ordinances of the City of Lakewood for the purpose of updating permit fees and paying the cost of permits and inspections. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/15/04, 2ND READING 4/5/04)(Pg. 10)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to defer and refer Ordinance No. 30-04 back to the Finance Committee.

Motion adopted. All members voting yea.
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5. ORDINANCE NO. 31-04 – AN ORDINANCE to amend section 1321.02, Registration by Building Commissioner, of the Codified Ordinances of the City of Lakewood for the purpose of updating registration fees of contractors performing work within the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/15/04, PLACED ON 2ND READING 4/5/04)(Pg. 15)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to defer and refer Ordinance No. 31-04 back to the Finance Committee.

Motion adopted. All members voting yea.
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6. ORDINANCE NO. 32-04 – AN ORDINANCE to amend section 1323.03, Time and Fee, of the Codified Ordinances of the City of Lakewood for the purpose of updating registration fees of general contractors performing work within the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/15/04, 2ND READING 4/5/04)(Pg. 17)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to defer Ordinance No. 32-04 and refer it back to the Finance Committee.

Motion adopted. All members voting yea.
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7. Public Safety Committee Verbal Report regarding Communication from Councilmember Madigan; Block Watch Program. (P. 37)

Ms. Madigan submitted the following report:

On Wednesday, April 14, a group of concerned citizens including Christine Gugar, Pat Connor, Vi & James Strichko, Bob Strommen, and Eve Harsh met with Ed FitzGerald, Officer Ted Morley of Lakewood Police Department and me to discuss the feasibility of starting a community block watch program. The block watch is a community building and safety centered program that takes time, commitment and cooperation but we all felt the results will be worth it. This group decided first of all to form a task force and we need to take the next step with the direction of the Lakewood Police. Council staff is meeting with Community Relations and Officer Morley has put together a brochure. He put together a brochure about starting a block watch and other materials will be identified to put into a packet for other residents interested in putting a block watch in their neighborhood can join in. Patrick Connor and Christine Gugar volunteered to be the contacts for this committee. So far we’ve identified three blocks were identified for block watch sites including W. 117th from Detroit up to Franklin, Lakewood Avenue & Parkside and parts of Lake Avenue near Lakewood Park. A notice will go on the City website for anyone out who may be interested and we will work together on another meeting in the next few weeks. We will schedule and notify anyone via the city web site.

Motion by Ms. Madigan, seconded by Mr. Dever, to receive, file and refer back to the Public Safety Committee.

Motion adopted. All members voting yea.
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{Bond Anticipation Note Ordinances were published in their entirety 4/5/04 and are published by first page only in this docket. The complete ordinances are on file in the Council Office for public review}

Law Director Corrigan was consulted and provided the opinion that Item 8 to 17 could be read in title only and with one motion voted on to place them on second reading and refer them back to Finance.
8. ORDINANCE NO. 33-04 – AN EMERGENCY ORDNIANCE to provide for the issuance of $4,035,000 Various Purpose General Obligation Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for various purposes. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/5/04)(Pg.18)*

9. ORDINANCE NO. 34-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $80,000 Sidewalk Improvement Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving certain streets designated by Council by reconstructing sidewalks and drive aprons as necessary. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/5/04)(Pg. 18)*

10. ORDINANCE NO. 35-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $500,000 Street Improvement Bond Anticipation Notes, Series 2004, of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving certain streets designated by Council by resurfacing with deep grind and overlay and reconstructing curbs as necessary. (PLACED ON 1ST READIGN & REFERRED TO THE FINANCE COMMITTEE 4/5/04)(Pg. 19)*

11. ORDINANCE NO. 36-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $200,000 Sloane Avenue Improvement Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Sloane Avenue by replacement of the base and replacement of curbs, aprons and sidewalks as required, together with all necessary appurtenances thereto. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/5/04)(Pg. 19)*

12. ORIDNANCE NO. 37-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $313,000 Traffic Signalization and Streetscape Bond Anticipation Notes, Series 2004 of the /City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets by improving traffic signalization, streetscapes and signage. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/5/04)(Pg. 20)*

13. ORDINANCE NO. 38-04 –AN EMERGENCY ORDINANCE to provide for the issuance of $1,056,000 Motorized Equipment Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring motorized equipment and appurtenances thereto. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/5/04)(Pg. 20)*

14. ORDINANCE NO. 39-04 –AN EMERGENCY ORDINANCE to provide for the issuance of $1,468,300 Municipal building Improvement Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of renovating, improving, furnishing and equipping municipal buildings. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/5/04)(Pg. 21)*

15. ORDINANCE NO. 40-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $621,000 Park Improvement Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving parks by installing playground equipment and skateboard apparatus, improving pools and planting trees. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/5/04)(Pg. 21)*

16. ORDINANCE 41-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $950,000 Water Main Improvement Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving the municipal water system. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/5/04)(Pg. 22)*

17. ORDINANCE NO. 42-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $1,690,000 Wastewater Treatment Plant Improvement Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving the municipal sewer system. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/5/04)(Pg. 22)*

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to suspend the rules requiring Ordinances Nos. 33-04, 34-04, 35-04, 36-04, 37-04, 38-04, 39-04, 40-04, 41-04, 42-04, 43-04, be read on three separate days and placing them on final reading.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Rules Suspended.

Motion by Mr. Seelie, seconded by Mr. FitzGerald to adopt Ordinances Nos. 33-04, 34-04, 35-04, 36-04, 37-04, 38-04, 39-04, 40-04, 41-04, 42-04, and 43-04.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinances Nos. 33-04, 34-04, 35-04, 36-04, 37-04, 38-04, 39-04, 40-04, 41-04, 42-04, and 43-04 adopted.
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18. ORDINANCE NO. 43-04 – 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/5/04)(Pg. 23)*

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 43-04 on 2nd Reading and refer back to Finance Committee.

Motion adopted. All members voting yea.
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19. ORDINANCE NO. 44-04 – AN ORDINANCE to amend Chapter 505, Animals and Fowl, of the Codified Ordinances of the City of Lakewood for the purpose of updating the entire chapter. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 4/5/04)(Pg. 24)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 44-04 on 2nd Reading and refer it back to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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20. ORDINANCE NO. 45-04 – AN ORDINANCE to amend Chapter 506, Dangerous and Vicious Animals, of the Codified Ordinances of the city of Lakewood for the purpose of updating the entire chapter. (PUBLISHED BY TITLE ONLY, CONTENTS OMMITTED AT FIRST READING)(Pg. 33)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 45-04, on 1st Reading and refer it to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.

****NEW BUSINESS****

21. Communication from Mayor George regarding Long Term Control Plan Study. (Pg. 38)

Presentation by representative from Metcalf & Eddy was given regarding Combined Sewer Overflow long-term Control Project. It was stated that Metcalf and Eddy was a Water/Wastewater/Hazardous Waste Company and their specialty was in combined overflow sewer projects. It was indicated that Mr. Bingham was the project director, had 25 years plus experience and was recognized nationally. Combined Sewer Overflow was defined regarding EPA requirements and a Long-Term Control Plan to mitigate basement flooding was outlined. The process to address EPA mandates was described which included feasibility and public input aspects.

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

Mayor George said he wanted to underscore the fact that the Federal Government was mandating this be done and without providing funding. He said it was leaving no other choice but to ask Lakewood residents to contribute to the improvement. City Engineer Kilgore indicated that he estimated a number a years ago that the digging of the storage tunnels alone would be in the $40 million range. He said that the ancillary facilities that would have to be developed, the valves, control system could fall between $50 million and $100 million.

Engineer Kilgore indicated that a mailing would go to every Lakewood household and a meeting was planned for the Women’s Club Building in the middle of May at 7:00 PM.

In response to if Rocky River pays the City for the lines they use the answer was yes.

It was indicated that the plan had to be in place by 2006. Engineer Kilgore indicated that the long-term control plan piece of the project had to be in place and accepted by the EPA. He said that the City was operating under a temporary permit presently. He said the City was under legal negotiations with the Ohio EPA for the past two years. He said because of the changes in Lake Erie the City has to move on this.

It was indicated that as a result of the project there would be relief in basement flooding and increased water quality for recreation areas near Rocky River and Lakewood Park. It was emphasized that this City was facing an un-funded mandate and if it did not comply would face fines estimated at approximately $25,000 a day.

Mention of committee hearings in Washington was made relating to possible financial relief to cities facing the un-funded mandates. It was indicated that recent information from the National League of Cities indicated that there was no financial relief anticipated.

The long-term control plan was required to be submitted within three years, and the EPA determined the schedule to implement and complete the plan. It was indicated that it could be as little as five years but was not predictable presently.

The Bunts & Detroit sewer collapse was discussed where it was stated that the storm sewer, above the sanitary sewer fell in on itself and caused the street to fall in. It was stated that the sewer on Detroit across from St. Edwards is being investigated for possible problems. The collapse of a sewer on Belle Avenue near Madison a year or more ago was added to examples of sewer repair needs.

Motion adopted. All members voting yea.
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22. Communication from Mayor George regarding Notice to Lakewood City School District Regarding Proposed Tax Increment Financing and the Establishment of the Detroit Avenue/Rockport Square Tax Incentive District. (Pg. 39)
Clarification was made that item only addressed notification by the City to the School and that the request was for prompt notification and suspension of the rules.

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

Motion adopted. All members voting yea.
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23. RESOLUTION NO. 7886-04 – An EMERGENCY RESOLUTION authorizing the Clerk of Council to provide notice to the Board of Education of the Lakewood City School District regarding proposed tax increment financing and tax abatement pursuant to a Community Reinvestment Area Ordinance for the Rockport Square Revitalization Project. (Pg. 40)

Motion by Mr. Seelie, seconded by Mr. Dever to suspend the rules requiring this Resolution be read on three separate days and placing Resolution No. 7886-04 on final reading.

Yeas: Corrigan, Dever, FitzGerald, Madigan, Seelie
Mr. Dunn absent for vote
Abstention. Mr. Demro
Nays: None
Motion adopted. Rules suspended

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7886-04.

Yeas: Corrigan, Dever, FitzGerald, Madigan, Seelie
Mr. Dunn absent for vote
Abstention. Mr. Demro
Nays: None
Motion adopted. Resolution No. 7886-04.
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24. Communication Mayor George regarding Development Agreement between the City of Lakewood and Rockport Square, LLC. (Pg. 43)

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

Comments were made indicating documents were submitted with the potential for changes to the agreement and negotiations.

Mayor George indicated the TIF was $4 million of an approximate $40 million project and posed no substantial risk to the City. He indicated there would be no appropriation of property for the project. He said the project would be a Union endeavor.

Motion adopted. All members voting yea.
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25. ORDINANCE NO. 46-04 – AN EMERGENCY ORDINANCE authorizing the execution of a tax increment financing and development agreement relating to Rockport Square; and authorizing the execution of various contracts, certifications and other documents related thereto. (Pg. 45)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 46-04 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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26. ORDINANCE NO. 47-04 – AN EMERGENCY ORDINANCE establishing an incentive district on the eastern end of Detroit Avenue and declaring improvements to certain parcels of real property in the incentive district to be a public purpose for purposes of sections 5709.40 and 5709.42 of the Ohio Revised Code; describing the public improvements to be made to benefit or serve the incentive district, requiring the owners of that parcel to make service payments in lieu of taxes; establishing a municipal public improvement tax increment equivalent fund for the deposit of service payments and related authorizations pursuant to Ohio Revised Code Sections 5709.40, (47-9.42) 5709.42 and 5709.43; establishing a tax incentive review council; and authorizing the execution of various contracts, certifications and other documents related thereto. (Pg. 47)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 47-04 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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27. Communication from Finance Director Nogalo regarding Ordinance Permitting Sale of Advertising by the City. (Pg. 53)

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

Motion adopted. All members voting yea.
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28. ORDINANCE NO. 48-04 – AN EMERGENCY ORDINANCE creating a new section under Chapter 111 of the Lakewood Codified Ordinances, for the purpose of permitting the Director of Finance to enter into contracts for sale or lease of space and/or rights for advertising or sponsorship, in, on and around certain properties owned by the City, said advertising or sponsorship to be sold at fair market rates. (Pg. 54)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 48-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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29. Communication from Mayor George regarding The Family Life Center of Lakewood. (Pg. 56)

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

Motion adopted. All members voting yea.
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30. RESOLUTION NO. 7887-04 – A RESOLUTION to recognize The Family Life Center of Lakewood for their contributions and investment in early childhood services within the City of Lakewood. (Pg. 57)

Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Resolution No. 7887-04.

Motion adopted. All members voting yea.
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31. Communication from Public Works Director Beno regarding Repair and Resurfacing of Berea Road (CR-309) from the Lakewood WCL to the Lakewood ECL – County ID 871. (Pg. 58)

Motion by Mr. Dever, seconded by Mr. Demro, to receive, file and refer to the Public Works Committee.

Motion adopted. All members voting yea.
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(Resolution number on docket was duplicated and is now properly assigned “7888-04”.
32. RESOLUTION NO. 7887-04 7888-04– A RESOLUTION requesting the Cuyahoga County Engineer to proceed with the repair and resurfacing of Berea Road (CR-309) from Triskett Road to Detroit Avenue in the Cities of Cleveland and Lakewood and resolving to pay for certain items. (Pg. 59)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Resolution No. 7888-04 on 1st Reading and refer it to the Public Works Committee.

Mr. Demro indicated an error in Ordinance 49-04, first paragraph now reading; “…from a ‘Lakeland’ WCL to the Lakewood ECL…”. He stated that it should read from a “Lakewood” WCL.

The Administration indicated it would make the changes.

Motion adopted. All members voting yea.

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33. ORDINANCE NO. 49-04 –AN EMERGENCY ORDINANCE to authorize the Mayor to make application to the Cuyahoga County Board of Commissioners for approval to use County Motor Vehicle License Tax funds for the improvement of Berea Road (CR-309) from the Lakeland Lakewood WCL to the Lakewood ECL and to enter into an agreement with Cuyahoga County necessary to complete the planning and construction of this improvement. (Pg. 60)

Motion by Mr. Dever, seconded by Mr. Demro, to place Ordinance No. 49-04 on 1st Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.

Law Director Corrigan indicated the typographical error would be corrected during the Committee process and for the last reading before passage it would be changed.

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ADD-ONS

34. ORDINANCE NO. 42-03A – AN EMERGENCY ORDINANCE amending Ordinance No. 42-04, 42-03 adopted May 19, 2003 for the purpose of creating additional 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/5/04)(Pg. 48)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 42-03 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. All members voting yea.
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35. ORDINANCE NO. 77-03A – AN ORDINANCE amending Ordinance No. 77-03, adopted December 15, 2003, authorizing the Mayor (Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance, and/or the Procurement Officer to enter into contracts for professional services, and to advertise for bids and enter into contracts for the purchase of repair maintenance and operating supplies, service and equipment as authorized by the 2004 Appropriation Ordinance and the administrative Code of the city of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (FIRST READING & AMENDED 4/5/004) (Pg. 10A).

Mr. Seelie indicated that Ordinance No. 77-03A was amended at the last meeting, and that it was a clerical error that the rules were not suspended for adoption.

Motion by Mr. Seelie, seconded by Mr. Dever, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 77-03A on final reading.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Rules suspended.

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 77-03A as amended.

Motion adopted. Ordinance No. 77-03A adopted as amended.
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Meeting adjourned 10:45 P.M.

Approved:_______________________ ________________________
CLERK

________________________
PRESIDENT