Regular Meeting of the Lakewood City Council called to order at 7:33 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, Acting Planning & Development Director Murphy, Human Services Director Buckon, Assistant Director for Economic Development Dryck Bennett, Mayor’s Executive Assistant Novak.

Motion by Mr. Seelie, seconded by Mr. Demro, to approve the Minutes of the Regular Meeting of Council held April 19, 2004, without the necessity of a reading.

Motion adopted. All members voting yea
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Without objection from Council, Items 30 and 31, were moved forward on the agenda order and read first before resuming regular docket order.
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1. Finance Committee Verbal Report regarding Ordinances Nos. 29-04, 30-04, 31-04, and 32-04.

Mr. FitzGerald submitted the following report:

Ordinance 29-04; Housing License Fee, 30-04 Permit Fee (increases were discussed, there aren’t any changes in those other than what was referenced last time), 31-04 Contract Registration Fee (discussed last meeting), 32-04; Time & Fee (discussed last meeting). None of the fees or permits have been changed for 12 years or more. It was considered an appropriate time to review these and to see if they should be brought up to date.

Housing License Fees were addressed regarding multi-family unit. Part of the discussion originally proposed was a sizeable increase. It was proposed $20.00 to $50.00. Representatives from the business community indicated understanding the City would revisit the issue because of City finances but asked that the City not make up for twelve years of not raising the fees. An agreement was made with a flat rate of $27.50 and some corresponding caps (Finance Director will outline).

Mr. FitzGerald indicated in coordination with addressing rates, that services were looked at. A rental referral program was proposed that is based on a program in Shaker Heights. It allows owners of rental property who have exceptional maintenance of their property after inspections to be placed on the City’s website for potential residents to review. He indicated it would be at a minimal or not cost to the City. It was indicated this could be set up by early Fall or late Summer.

Mr. Nogalo itemized the changes as follows:

Page 2 of Ordinance 29-04, Section B, fourth line should be “$27.50” rather than $50.00. On part C – underneath, second and third line, instead of $50.00 it should be $27.50. And the insert paragraph, the second line should read “as a cap”, it should not read “$5,000” it should read “$2,750.00”.

Mr. FitzGerald indicated he would be making an amendment consistent with those recommendations after the report.

Mr. FitzGerald said the Finance Committee also met on other items, including a proposed sewer rate increase. Additional information is being asked for before recommendation is made. He indicated the Finance Committee would also be asking the Sewer Rate topic be referred to the Committee of the Whole.

Ordinance 42-03A – Administrative Salary Bands. It addressed two positions. The Committee recognized that 75% of the City’s cost of operation was in personnel and wanted to make sure these were not new positions and were found that they are not. The positions were eliminated by the previous Administration in the Police Department and this was a restoration of that. The other position is a reclassification of a present employee at the recommendation of the Civil Service Commission. Recommended adoption.

Ordinance 43-04 – Annual Auction – recommended adoption. Committee asked that a notice be made on the City’s website beyond legal requirements of newspaper notices.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive and file the verbal report and refer the Sewer Rate part to the Committee of the Whole.

Law Director Corrigan indicated that because the Committee also recommended to Ordinance No. 42-03A to Ordinance 55-04 that the motion to amend be made when the Ordinance is read. Mr. FitzGerald included Mr. Corrigan’s remarks on his report.

Motion adopted. All members voting yea.
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2. 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, DEFERRED 4/19/04)Pg. 6)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to amend Ordinance 29-04, consistent with Mr. Nogalo’s previous comments.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance 29-04 amended.

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to adopt Ordinance 29-04 as amended.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance 29-04 adopted as amended.
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3. 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, DEFERRED 4/19/04)(Pg. 8)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 30-04.

Motion adopted. All members voting yea.
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4. 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, 2ND READING 4/5/04, DEFERRED 4/19/04)(Pg. 16)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 31-04.

Motion adopted. All members voting yea.
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5. 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, DEFERRED 4/19/04)(Pg. 19)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 32-04.

Motion adopted. All members voting yea.
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6. Finance Committee Verbal Report regarding Administrative Salary Band Ordinance.

(See above committee report)

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

Motion adopted. All members voting yea.
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7. ORDINANCE NO. 42-03A – 55-04 - AN EMERGENCY ORDINANCE amending Ordinance No. 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, 2ND READING 4/19/04)(Pg. 20)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to amend the title of the Ordinance from 42-03A to 55-04.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance 42-03A Amended.

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 42-03A as amended.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance 55-04 Adopted as amended.
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8. Finance Committee Verbal Report regarding City Auction.

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to receive and file the previously submitted verbal report.

Motion adopted. All members voting yea.

9. 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, 2ND READING 4/19/04)(Pg. 28)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 43-04.

Motion adopted. All members voting yea.
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10. 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} PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 4/19/04)(Pg. 29)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 45-04 on 2nd Reading and refer it back to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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11. 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, 5709.42 and 5709.43; establishing a tax incentive review council; and authorizing the execution of various contracts, certifications and other documents related thereto. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 4/19/04)(Pg. 34)

Motion by Mr. Seelie, seconded by Ms. Madigan, to place Ordinance No. 47-04 on 2nd Reading.

Motion adopted. All Members voting yea.
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12. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 4/19/04)(Pg. 40)

Motion by Mr. Seelie, seconded by Ms. Madigan, to place Ordinance No. 46-04 on 2nd Reading.

Motion adopted. All Members voting yea.
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13. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/19/04)(Pg. 42)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 48-04 on 2nd Reading and refer back to the Finance Committee.

Motion adopted. All members voting yea.
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14. RESOLUTION NO. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 4/19/04)(Pg. 44)

Motion by Mr. Dever, seconded by Mr. Corrigan, to place on 2nd Reading and refer back to Public Works Committee.

Motion adopted. All members voting yea.
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15. 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 WCL to the Lakewood ECL and to enter into an agreement with Cuyahoga County necessary to complete the planning and construction of this improvement. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 4/19/04)(Pg. 45)

Motion by Mr. Dever, seconded by Ms. Madigan, to place on 2nd Reading, refer back to Public Works Committee and correct the typos.

Motion adopted. All members voting yea.

****NEW BUSINESS*****

16. RESOLUTION NO. 7889-04 – A RESOLUTION to appoint ____________________as a member of the Governing Board of Lakewood Hospital for the unexpired two-year term ending December 31, 2005. (Pg. 49)

Motion by Mr. Seelie, seconded by Mr. Dever, to insert the name Patrick S. Corrigan.

Motion adopted. All members voting yea.

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Council President Seelie added that Mr. Corrigan will also head the Public Safety Committee and will be a member of the Public Works Committee.

Mr. Dever indicated he resigned from the Hospital Board due to the commitments involved with the City’s infrastructure and Public Works needs.
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17. RESOLUTION NO. 7890-04 – A RESOLUTION to welcome you as a new resident of the City of Lakewood. (Pg. 50)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7890-04.

Motion adopted. All members voting yea.
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18. Communication from Mayor George regarding Community Development Director Position. (Pg. 51)

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

Motion adopted. All members voting yea.
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19. Communication from Finance Director Nogalo regarding Lease Agreement with Lakewood Board of Education for Outdoor Pools. (Pg. 52)

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

Mayor George said he recognized the request to suspend the rules was out of the ordinary and made the request because of a negotiated agreement associated with a liability issue on the pool slides at Madison Park. He said he did not want the pool season to be delayed.

Motion adopted. All members voting yea.
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20. ORDINANCE NO. 50-04 – AN EMERGENCY ORDINANCE authorizing the Mayor to enter into a Lease Agreement with the Lakewood Board of Education for the outdoor pools and specifically approving said agreement. (Pg. 53)

Motion by Mr. Seelie, seconded by Mr. Demro, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 50-04 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. 50-04 final reading.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 50-04 adopted.
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21. Communication from Mayor George regarding Agreement between the City of Lakewood and the Lakewood Public School District related to the establishment of a Tax Incentive Financing District for Rockport Square. (Pg. 60)

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

Mr. Dunn commented on the importance of thoroughly reviewing qualifications for a public subsidy. He supported Green Building initiatives in the project and indicated the project could serve as an anchor for the surrounding area as a Business Enterprise Zone.

Motion adopted. All members voting yea.
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22. ORDINANCE NO. 51-04 – AN EMERGENCY ORDINANCE authorizing the Mayor or his designee to enter into an agreement with the Lakewood City School District regarding sharing with the School District of tax revenue and service payments received by the City under a proposed Development Agreement relating to the Detroit Avenue/Rockport Square Incentive District. (Pg. 62)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 51-04 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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23. Communication from Police Chief Malley regarding Resolution for University Hospitals National Safe Kids Grant. (Pg. 71)

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

Motion adopted. All members voting yea.
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24. RESOLUTION NO. 7891-04 – AN EMERGENCY RESOLUTION authorizing the Mayor, as Safety Director, to enter into an agreement on behalf of the City to accept and expend grant funds, in the amount of Five Hundred dollars ($500.00) from University Hospitals Health System/Rainbow Babies & Children’s Hospital for the purpose of providing targeted enforcement activity within the City of Lakewood regarding child safety seat violations. (Pg. 72)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7891-04.

Motion adopted. All members voting yea.
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25. Communication from Public Works Director Beno regarding Fee Increase for Materials brought to the Lakewood Division of Refuse & Recycling Facility (Chapter 911.02). (Pg. 74)

Mr. Beno indicated the item should be referred to the Finance Committee.

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

Motion adopted. All members voting yea.
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26. ORDINANCE NO. 52-04 – AN ORDINANCE to amend Section 911.02 Charges, of the Codified Ordinances of the City of Lakewood for the purpose of updating the amount and designation of such charges for depositing refuse, garbage, and other waste materials at the City of Lakewood Division of Refuse and Recycling facility and clarifying the requirements for city residents and city businesses to be exempt from those charges. (Pg. 75)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 52-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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27. Communication from Finance Director Nogalo regarding Waste Water Improvements; Increase Contract Authority and Provide Additional Appropriation for Sewer Capital Repair Program – Emergency Response. (Pg. 81)

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

Mr. Dever asked the rules be suspended to have money should other sewers collapse similar to those that have recently collapsed.

Mr. Seelie indicated this was the contracting authority and that the money has already been allotted to the fund. He said that this was meant to be something reviewed yearly and asked if this was now an accounting function that it would be part of the Budget from now on.

Finance Director Nogalo indicated that more money should have been budgeted in that $50,000 was budgeted. He said that based on the Detroit and Bunts occurrence, there was cause to reconsider.

Mr. Seelie stated that it was his understanding that it was standard procedure to allot an additional quarter of a million dollars contracting authority for emergency wastewater sewer repairs. He asked language to be inserted that requires the Administration to come to Council at the next Council Meeting following an emergency repair inform Council of where the emergency situation occurred, it’s cost and who did the work.

Mayor George indicated the sewer situation was deteriorating. He indicated Belle Avenue and Webb Road had similar occurrences where emergency action was needed.

Council President Seelie said he would like to make two requests for the record:

1. Any time any money is used out of this fund the Administration report at our next regularly scheduled Council Meeting as to what the emergency was and the amount of money spent for it.
2. Law Department to begin drafting an ordinance for the next Council Meeting to be referred to the Committee of the Whole that addresses the granting of contracting authority in other emergency situations.

Fire Chief Mroz indicated legislation was previously introduced that was similar to what other cities drafted.

Clarification was made between the two questions. It was indicated that with the specific sewer fund it is to provide authority to spend up to $250,000 in emergency situations. The second item applies to any other emergency expenditure and the example was given of a disaster situation occurring during the course of the evening or weekend. Procedures were needed to allow emergency funds during a disaster situation in order to purchase equipment necessary to help mitigate the incident. It could include items such as heavy-duty equipment, leasing equipment/materials or purchasing supplies.

To receive and file the communication.
Motion adopted. All members voting yea.
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28. ORDINANCE NO. 53-04 – AN EMERGENCY ORDINANCE amending Ordinance No. 7-04, adopted March 1, 2004 for the purpose of increasing contracting authority for the Director of Public Works to engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for Wastewater Improvements in accordance with the Administrative Code of the city of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg. 82)

Motion by Mr. Dever, seconded by Mr. Seelie, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 53-04 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 53-04
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None.
Ordinance No. 53-04 adopted.
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29. ORDINANCE NO. 54-04 – AN EMERGENCY ORDINANCE to establish additional appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2004. (Pg. 84)

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. 54-04 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 54-04
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None.
Ordinance No. 53-04 adopted.
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30. Communication from Mayor George and Heritage Advisory Board Chairman Sicha regarding 2004 City of Lakewood Preservation Awards Program. (Pg. 85)

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

Motion adopted. All members voting yea.
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31. RESOLUTION NO. 7892-04 – A RESOULTION recognizing that the week of May 2-8, 2004 has been designated as National Preservation Week and acknowledging the 2004 Preservation Award winners within the City of Lakewood. (Pg. 86)

Mr. Seelie indicated there was a typographical error in the resolution and that the resolution required substitution.

Motion by Mr. Seelie, seconded by Mr. Dunn to amend Resolution No. 7892-04 to conform.

Motion adopted. All members voting yea.

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7892-04 as amended.

Motion adopted. All members voting yea.

Presentation of the third, annual Historic Preservation Awards.
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32. Communication from Mayor George regarding Donation of Bench for Flag Island. (Pg. 87)

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

Motion adopted. All members voting yea.
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33. RESOLUTION NO. 7893-04 –AN EMERGENCY RESOLUTION authorizing the Mayor to accept, on behalf of the City of Lakewood, a mission bench for Flag Island Lakewood Park from Ruth Cormelius valued at over $1,200. (Pg. 88)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 7893-04.

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

Meeting adjourned 9:10 PM.

Approved:_______________________ ________________________
CLERK

________________________
PRESIDENT