Regular Meeting of the Lakewood City Council called to order at 7:30 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, Building Representative Fitzgerald, Human Services Director Buckon, Assistant Director of Planning & Development Bennet.

Motion by Mr. Seelie, seconded by Mr. Demro, to approve the Minutes of the Regular Meeting of Council held May 17, 2004, without the necessity of a reading.

Motion adopted. All members voting yea.

****OLD BUSINESS****

1. Committee of the Whole Verbal Report regarding Rockport Development.
Mr. Seelie submitted the following report:
The Committee of the Whole met again this evening to finalize plans regarding the Rockport Project. The highlights; The Rockport Project represents the largest development of new housing options in Lakewood in over thirty years. The project also introduces new housing styles in a significant quantity to the City’s housing stock for the first time since the construction of the Gold Coast.

Since it was originally conceived in September of 2003, the project grew to fifty-seven townhouses, sixty-seven loft units and over 28,000 gross square feet of retail space. This is approximately twice the size of the original proposal.

The original Tax Incremental Financing proposal was for over $7 million. That’s what the City was assisting the project with but through a strong partnership with the developer and creative financing, the subsidy request was lowered to $4 million.

The project will be completed by utilizing the Tax Incentive District to justify the use of the TIF and by utilizing this mechanism, the administration and staff was able to avoid any slum or blight designation.

The City was adamant that they would not participate in the purchase of private homes even by willing sellers for this project.

There was also negotiated and mutually agreed upon by both the City Schools that the School is required to take a position and vote on this because it could effect their financing. This will not effect their financing, they will be receiving the same amount of money throughout the project until it gets to the point where they’ll be receiving additional money.

Finally, the Developer has an on-going obligation and commitment to utilize union labor whenever that’s possible in the project pursuant to competitive bidding requirements which we are required by law to follow.

After discussion this evening, the Committee of the Whole recommended that we pass the three ordinances, the Tax Incremental Financing; the Rockport Project and the Agreement with the School Board.

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

Motion adopted. All members voting yea.
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2. 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, 2ND READING 5/3/04)(Pg. 7)

Motion by Mr. Seelie, seconded by Ms. Madigan, to adopt Ordinance No. 47-04.

Motion adopted. All members voting yea.
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3. 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, 2ND READING 5/3/04)(Pg. 10)

Motion by Mr. Seelie, seconded by Ms. Madigan to adopt Ordinance No. 46-04.

Motion adopted. All members voting yea.
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4. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 5/3/04, 2nd READ 5/17/04){AGREEMENT PUBLISHED WITH ORDINANCE 5/3/04 & 5/17/04 IS NOW ON FILE IN THE CLERK OF COUNCIL OFFICE FOR PUBLIC REVIEW}(Pg. 11)

Motion by Mr. Seelie, seconded by Ms. Madigan, to adopt Ordinance No. 51-04.

Motion adopted. All members voting yea.
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5. Finance Committee Verbal Report regarding Ordinances 48-04 and 52-04.

Mr. FitzGerald submitted the following report:

Your Finance Committee met this evening and we considered proposed Ordinance No. 48-04, an ordinance which would permit the sale of advertising on City property. It would also permit the City to engage with private entities for sponsorship of different City events and so forth. The members of the Committee had some questions about possible Council oversight with sponsorships or advertising agreements that might go on for a period of years. We wanted a little bit more information before we recommended this for adoption. Our recommendation as to that item is to refer it back to the Committee and we’ll have another Committee meeting on it and then I think I would anticipate bringing back to the floor for your approval. We do agree that it does make just common sense that there is advertisement and sponsorship, that the City can engage in that. We just haven’t figured out what the role of Council should be in that yet. I anticipate we’ll be bringing that back to you shortly.

Proposed Ordinance 52-04 regards fee increases for materials brought to the Recycling Plant and also, which I was very encouraged, I think all members of Council are very happy to see, also include some changes as to what type of vehicles can bring refuse materials to the recycling department when they’re used by residents, and not get charged as commercial vehicles. Under the old rules, if you were a resident and you were bringing materials from your yard and your property and you were driving a pick-up truck, you would be classified as commercial vehicle and you would be charged accordingly. It didn’t make any sense at all really. There have been a number of us who have been trying to change it including then Councilman, now Mayor George and others on Council. This ordinance does that. It also adjusts the fees accordingly but reasonably and the Finance Committee felt that was a reasonable change for recommending adoption for that.

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

Motion adopted. All members voting yea.
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6. 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, 2nd Read 5/3/04)(Pg. 12)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to refer Ordinance No. 48-04 back to the Finance Committee.

Motion adopted. All members voting yea.
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7. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 5/3/04, 2ND READ 5/17/04)(Pg. 13)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 52-04.

Motion adopted. All members voting yea.
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8. Rules & Ordinances Committee Verbal Report regarding Chapter 505 Animals and Fowl, and Chapter 506; Dangerous and Vicious Animals.

Mr. Dunn submitted the following report:

This evening Councilman Demro and I, comprised of the Rules & Ordinances Committee, met to discuss amendments to Chapter 505; Animals and Fowl and Chapter 506; Dangerous and Vicious Animals. We had to make some amendments to the ordinances which were just cosmetic but in order to assure economy of time in tonight’s meeting we asked that this item be deferred to our next regularly scheduled meeting which will be June 21st when a pristine ordinance will be presented and hopefully ready for passage.

Motion by Mr. Dunn, seconded by Mr. Seelie, to defer.

Motion adopted. All members voting yea.
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9. 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, 2ND READING 4/19/04, DEFERED 5/17/04){FIRST PAGE PRINTED ONLY, PUBLISHED IN 3 PREVIOUS DOCKETS}(Pg. 14)

Motion by Mr. Dunn, seconded by Mr. Demro, to defer.

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. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 4/19/04, 2ND READING 5/3/04, DEFERRED 5/17/04){FIRST PAGE PRINTED ONLY, PUBLISHED IN 3 PREVIOUS DOCKETS}(Pg. 15)

Motion by Mr. Dunn, seconded by Mr. Dever, to defer.

Motion adopted. All members voting yea.
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11. ORDINANCE NO. 56-04 – AN EMERGENCY ORDINANCE requesting Council’s specific approval of and authorizing the Mayor to enter into a lease for property located at 13614-16 Madison Avenue, Lakewood, Ohio for use by the Division of Youth (“Division”) in the Department of Human Services, in accordance with Lakewood Codified Ordinance § 111.04(A)(4). (PLACED ON 1ST READING & REFERRED TO THE HEALTH & HUMAN SERVICES COMMITTEE 5/17/04){LEASE AGREEMENT ORIGINALLY ATTACHED AND PUBLISHED 5/17/04 IS NOW ON FILE IN THE CLERK OF COUNCIL OFFICE FOR PUBLIC REVIEW}(Pg. 16)

Ms. Madigan indicated the ordinance will be addressed before the next Council Meeting.

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 56-04 on 2nd Reading and refer it back to the Health & Human Services.

Motion adopted. All members voting yea.

****NEW BUSINESS****

12. Verbal Communication from Council President Seelie regarding Communication withdrawing Objection to Reagle Beagle Liquor Application. (Pg. 17)

Mr. Seelie directed the Clerk to read the communication indicating it will be sent to the Ohio Department of Commerce.

Motion by Mr. Seelie, seconded by Mr. Demro, to receive, file and concur with this communication.

Motion adopted. All members voting yea.
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13. RESOLUTION NO. 7902-04 – A RESOULTION to proclaim the week of June 13, (6), 2004 as Dignity of Human Rights Pride Week in Lakewood, Ohio, thereby recognizing the LGBT community for its many and varied contributions that have enriched our civic life and aided in creating a more accepting society and community. (Pg. 18)

Mr. Seelie indicated the Resolution should read, first paragraph, June 6, and in Section 1, it should again be June 6h.

Motion by Mr. Seelie, seconded by Ms. Madigan, to amend Resolution No. 7902-04, to delete June 13 and to replace it with June 6, in the first paragraph, and in Section 1, the first sentence.

Amendment to correct the typographical error.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 7902-04 amended.

Motion by Mr. Seelie, seconded by Ms. Madigan, to adopt Resolution No. 7902-04 as amended.

Five members voting yea.
Nays: Corrigan, Demro
Motion adopted. Resolution No. 7902-04 adopted as amended.
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14. Communication from Law Director Corrigan regarding Clerk of Court Salary. (Pg. 19)

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

Mr. Seelie indicated that it was his understanding that the individual filling the position would be coming in under the salary band and the ordinance would need to be passed for this reason.

Law Director Corrigan indicated it was also necessary for the County to start providing its 40 percent.

Council President Seelie indicated the situation warranted suspension of the rules to allow the City to receive funds from the to receive County and State.

Councilmember Demro indicated that from talks with Judge Carroll he learned the issue was time sensitive. He said the City would save thousands of dollars if the Council approved the ordinance that night. He indicated he would entertain a motion to suspend the rules to pass the ordinance that evening.

To receive and file the communication:
Motion adopted. All members voting yea.
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15. ORDINANCE NO. 57-04 – AN ORDINANCE fixing the compensation of the Clerk of the Lakewood Municipal Court, the time and method of payment. (Pg. 20)

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. 57-04 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. 57-04.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 57-04 adopted.
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16. Communication from Acting Planning & Development Director Murphy regarding Creation of a Community Reinvestment Area 2. (Pg. 21)

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

Motion adopted. All members voting yea.
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17. ORDINANCE NO. 58-04 – AN ORDINANCE to amend Resolution No. 7710-02 adopted December 16, 2002 for the purpose of creating “Community Reinvestment Area 2” to include new residential construction within census tracts 1606.02 and 1617 in the tax abatement program. (Pg. 22)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 58-04 on 1st Reading and refer it to the Committee of the Whole.

Mayor George indicated a broad strategy would be undertaken in reviewing the entire City for reinvestment.

Mr. Seelie asked that when the Committee met on the Community Reinvestment Area that time be set aside to address the pros and cons of historic preservation designations. He asked that this be coordinated with the Lakewood Heritage Advisory Board. He referenced the proposed designation for “Bird Town”.

Motion adopted. All members voting yea.
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18. Planning Commission Report regarding Lakewood Zoning Code proposed new Chapter 1135, Mixed Use Overlay District, Chapter 1156, Planned Development and general revisions to existing Chapter within the Zoning Code. (Pg. 24)

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

Motion adopted. All members voting yea.
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19. ORDINANCE NO. 59-04 – AN ORDINANCE to amend Ordinance 91-95, the Zoning Code of the Codified Ordinances of the City of Lakewood. (Pg. 25)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 59-04 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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20. ORDINANCE NO. 60-04 – AN ORDINANCE to amend Ordinance 91-95, the Zoning Code of the Codified Ordinances of the City of Lakewood. (Pg. 26)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 60-04 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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21. ORDINANCE NO. 61-04 – AN ORDINANCE to amend Ordinance 91-95, the Zoning Code of the Codified Ordinances of the City of Lakewood. (Pg. 31)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 61-04 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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22. Communication from Acting Planning & Development Director Murphy regarding Vedda & Sons Printing Company Expansion Project at 12000 Berea Road. (Pg. 36)

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

Motion adopted. All members voting yea.
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23. ORDINANCE NO. 62-04 – AN ORDINANCE declaring improvements to a parcel of real property located at 12000 Berea Road (PP# 315-25-007) 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 parcel, requiring the owner 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. (Pg. 37) {This item was replaced by the following add-on item}

23. ORDINANCE NO. 62-04 (ADD-ON) – AN ORDINANCE authorizing the Mayor or his designee to engage contracting firms to provide professional services in the design, preparation of specifications and contract administration and to advertise for bids and enter into contract with the lowest and best bidder for Site Preparation, in support of the retention and expansion of Phil Vedda & Sons Printing, Inc., (Vedda) including Excavation and Grading, GEOPIER Foundation Company, Inc., And Geogrid Fabric Soil Reinforcement, Engineered Fill, Building Slab Reinforcement and all other necessary site work related to such site preparation of the property located at 12000 Berea Road Lakewood, Ohio (Permanent Parcel Number 315-25-007) in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed specified amounts shown without separate resolution of Council.

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 62-04 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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24. ORDINANCE NO. 63-04 – AN ORDINANCE authorizing the Mayor or his designee to enter into a Development Agreement with Phil Vedda & Sons Printing, Inc. (“Vedda”), for a financial assistance package for the purposes of Site Preparation in support of the retention and expansion of the Company and the Redevelopment of the property located at 12000 Berea Road, Lakewood, Ohio, (Permanent Parcel Number 315-25-007) and specifically approving the “Development Agreement” attached hereto as Exhibit A. (Pg. 39)

Motion by Mr. Seelie, seconded by Ms. Madigan, to place Ordinance No. 63-04 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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25. ORDINANCE NO. 64-04 – AN ORDINANCE declaring improvements to a parcel of real property located at 12000 Berea Road (PP# 315-25-007) 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 parcel, requiring the owner 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. (Pg. 46)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 64-04 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. 65-04 – AN ORDINANCE authorizing the Mayor or his designee to expend Two Hundred Thousand Dollars ($200,000.00) of the Lakewood Public Investment Program (PIP) of the Economic Development Fund (EDF) for costs associated with site preparation of the property located at 12000 Berea Road Lakewood, Ohio (Permanent Parcel Number 315-25-007) for the retention and expansion of Phil Vedda & Sons Printing, Inc. (Pg 55)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 65-04 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 Mayor George regarding Notice to Lakewood City School District Regarding Proposed Tax Increment Financing For the Vedda & Sons Printing Company Expansion Project at 12000 Berea Road. (Pg. 56)

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

Mr. Seelie said that it was clear that the item was only a notification.

Motion adopted. All members voting yea.
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28. RESOLUTION NO. 7903-04 – A RESOULTION authorizing the Clerk of Council to provide notice to the Board of Education of the Lakewood City School District regarding proposed tax increment financing for the Vedda & Sons Printing Expansion and Redevelopment Project at 12000 Berea Road (P.P.N. 315-25-007) (Pg. 57)

Motion by Mr. Seelie, seconded by Mr. Demro, to suspend the rules requiring this Resolution be read on three separate days and placing Resolution No. 7903-04 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 Resolution No. 7903-04

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 7903-04 adopted.
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29. Communication from Human Services Director Buckon regarding 2005 & 2006 Program year application Title III of the Older American’s Act. (Pg. 59)

Mr. Seelie asked if a City match was required and the response was that there was not a match required.

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

Mr. Seelie said accepting the funds that required a match would be something different than accepting funds with no match. He said that because a match was not stated, he recommended adoption that evening.

Motion adopted. All members voting yea.
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30. RESOLUTION NO. 7904-04 – A RESOLUTION authorizing and directing the Mayor for and on behalf of the City of Lakewood to enter into a Contract with the Western Reserve Area Agency on Aging to accept funds for the City’s programs covering Social/Supportive Nutrition Services, such contract providing partial funding for supplemental programs under Title III of the 1965 Older Americans Act. (Pg. 60)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7904-04.

Motion adopted. All members voting yea.
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31. Communication from Human Services Director Buckon regarding Criminal Justice Service Agency Agreement for Youth Summer Programming. (Pg. 61)

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

Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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32. RESOLUTION NO. 7905-04 – A RESOLUTION authorizing and directing the Director of the Department of Human Services, on behalf of the City, to enter into an Agreement with the Criminal Justice Service Agency to accept and expend funds for the Youth Enrichment Consortium Special Event 2004 Summer Program. (Pg. 62)

Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Resolution No. 7905-04.

Motion adopted. All members voting yea.
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33. Communication from Finance Director Nogalo regarding 2005 Tax Budget. (Pg 63)

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

Motion adopted. All members voting yea.
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34. RESOLUTION NO. 7906-04 – AN EMERGENCY RESOULTION approving the Tax Budget of the City of Lakewood, State of Ohio for the year 2005, and authorizing the filing of same with the Auditor of Cuyahoga County. (Pg. 64)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Resolution No. 7906-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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35. Communication from Finance Director Nogalo regarding Contracting Authority Amendments and Additional Appropriations. (Pg. 65)

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

Councilmember Madigan asked about the Cushman vehicle safety requirement status; specifically referencing the warning placards on the dashboards.

Law Director Corrigan responded that the City had four vehicles with the placard on the dashboard. He said while those vehicles were safe to drive, the Law Department recommended that those vehicles not be driven on the City streets. He indicated they are not licensed vehicles, and did not have a VIN number (Vehicle Identification Number). Those vehicles are currently being used in the parks. The manufacturer indicated it was not their recommendation that the vehicles be used on city streets.

Councilmember Madigan asked if the new models were safe for city streets.

Law Director Corrigan responded they were not. He indicated that Cushman was getting out of the business of putting the vehicles on city streets. He said the Cushman Company was bought by another company and it became apparent that they did not want the new vehicles out on the streets.

Councilmember Demro asked if there was any progress on finding a solution.

Public Works Director Beno said that there was not a solution at this time. He indicated that after talks with Rocky River and Shaker it was determined there was not another manufacturer that was making the vehicles.

Councilmember Demro asked if the increase of $70,000 was tied to the temporary labor in Refuse.

Public Works Director Beno responded that this was correct. He indicated there were five less Cushmans and this would mean an increase use manpower. He indicated they would manually wheel the buggies around similar to the practice of several years ago.

Councilmembers indicated they had several more questions on the item and would address them in Committee.

Motion adopted. All members voting yea.
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36. ORDINANCE NO. 66-04 – 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. 66)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 66-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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37. ORDINANCE NO. 53-04A – AN ORDINANCE to amend Ordinance 53-04, adopted May 3, 2004, for the purpose of adding additional Wastewater Improvements and authorizing and directing 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. 67)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 53-04A on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.

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38. ORDINANCE NO. 8-03 B – AN ORDINANCE to amend Ordinance No. 8-03A, adopted July 21, 2003, for the purpose of changing the description of vehicles within the Refuse Department and authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, and the Director of Finance to advertise for bids and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood, for the purchase of the listed vehicles and equipment, contracts not to exceed the specified amounts shown without separate Resolution of Council. (Pg. 68)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 8-03B on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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39. ORDINANCE NO. 9-04 A – AN ORDIANNCE to amend Ordinance 9-04, adopted March 1, 2004, for the purpose of changing the description of vehicles within the Refuse Department and authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works and the Director of Finance to advertise for bids and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood, for the purchase of the listed vehicles and equipment, contracts not to exceed the specified amounts shown without separate Resolution of Council. (PG. 69)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 9-04A on 1st Reading and refer it to the Finance Committee.

Mayor George addressed Councilmember Madigan’s comments regarding the Cushmans. He indicated the reason the request to change from Cushmans to vehicles was to allow the City to purchase pick-up trucks that he indicated were in fact cheaper than the Cushmans. He said there would be a conversion of some pick-up trucks for recycling and other purposes. He said that in addition to this, the City maintained a fleet of Cushmans. He said this years’ purchase couldn’t be utilized but previous year purchases could be utilized. He said there were five or six years of operable Cushmans, amounting to approximately 20 vehicles that the City would continue to use while waiting for a replacement company or to plan for the phasing out of the Cushman vehicle.

Mayor George indicated there would be no discernable difference in service in the immediate future. He indicated that also before Council was an increase in temporary help and that this was due in part to some injuries that have occurred in Refuse and also to accommodate for five positions left vacant due to retirements. He said the gaps had to be filled until the hiring process was completed. He indicated the hiring process in Lakewood was extensive and included posting positions, interviews, and drug testing. He said the $100,000 requested for the temporary services will show up in the line item as a decrease of similar amount in salary.

Motion adopted. All members voting yea.
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40. ORDINANCE NO. 5-04A – AN ORDINANCE to amend Ordinance 5-04, adopted March 1, 2004, for the purpose of granting additional contracting authority for the Manor Park Project and authorizing and directing 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 Infrastructure 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. 71)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 5-04A on 1st Reading and refer it to the Public Works Committee Committee.

Motion adopted. All members voting yea.
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41. ORDINANCE NO. 77-03B – AN ORDINANCE amending Ordinance 77-03A adopted April 19, 2004, to accommodate changes in the temporary services in Refuse Collection, and other services, and thus 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, services 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. (Pg. 72)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 77-03B on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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42. Communication from Public Works Director Beno regarding Repair and Resurfacing of Hilliard Road (CR-69)/Franklin Boulevard (CR-435). (Pg. 76)

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

Mayor George stated he wanted to clarify the communication to avoid confusion in the future. He said the plan is to include the waterline replacement on Franklin during the construction from Bunts to 117th Street. He said as originally proposed when he first took office the waterline replacement was not included in the project. He said that in fairness to his predecessor there was some justification; there was not enough money in the Water Fund to do the waterline at the same time the street was being resurfaced. He said that the present Administration’s determination was to go ahead and replace the waterline at the same time. He said that this does not correct the fact that the Water Fund is seriously depleted. He said future sewer repairs that are mandated will also require adequate funding in the Water Fund to avoid digging up the streets 2 or 3 times. He stated that he understood this was a Charter issue, but wanted to be up front with the issue of putting new streets in and then having to dig them up to put a waterline in.

Councilmember Corrigan indicated he attended one of the meetings presented by one of the Engineering firms dealing with sewers. He said he understood there was going to be a list to invite citizens to be involved in the sewer and street projects and wanted to know the status of that part of the process.

Mayor George responded that under the federal plan there was a public process required. He said that the meeting held at the Pavilion was part of that process and that the federal government would ensure there was a standing committee assembled and that there would be adequate public notice of the meetings.

Councilmember Corrigan asked if it made sense to have the water rate discussion within that Committee.

Mayor George responded that there would not be a problem with this, that more education on the issues would be beneficial.

Motion adopted. All members voting yea.
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43. RESOLUTION NO. 7907-04 - A RESOLUTION requesting the Cuyahoga County Engineer to proceed with the repair and resurfacing of Hilliard Road (CR-69)/Franklin Boulevard (CR-435) from West 140th Street to West 117th Street in the City of Lakewood and resolving to pay for certain items. (Pg. 77)

Motion by Mr. Dever, seconded by Mr. Demro, to place Resolution No. 7907-04 on 1st Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
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44. ORDINANCE NO. 67-04 – AN 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 Hilliard Road (CR-69)/Franklin Boulevard (CR-435) from West 140th Street to West 117th Street and to enter into an agreement with Cuyahoga County necessary to complete the planning and construction of this improvement. (Pg. 78)

Motion by Mr. Dever, seconded by Mr. Demro, to place Ordinance No. 67-04 on 1st Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
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45. Communication from Law Director Corrigan regarding Amending 501.99 Penalties for Misdemeanors of the Codified Ordinances. (Pg. 80)

Motion by Mr. Corrigan, seconded by FitzGerald, to receive and file the communication with the recommendation to suspend the rules.

Councilmember Corrigan expressed support of suspension of the rules.

Motion adopted. All members voting yea.
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46. ORDINANCE NO. 68-04 – AN ORDINANCE to amend section 501.99, Penalties for Misdemeanors, of the Codified Ordinances of the City of Lakewood for the purpose of updating this section. (Pg. 81)

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. 68-04 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. 68-04.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance NO. 68-04 adopted.
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47. Liquor Permit Application for a D5 transfer to 18405 Detroit Avenue LLC d/b/a Bella Luca, 18405 Detroit, Lakewood, Ohio, from Esquivel Enterprises, Inc. d/b/a Curcios, same address. (Pg. 83)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to receive, file and refer the liquor permit application to the Public Safety Committee.

Motion adopted. All members voting yea.

Meeting adjourned 9:30 PM.

Approved:_______________________ ________________________
CLERK

________________________
PRESIDENT