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, Mayor’s Executive Assistant Novak.

Motion by Mr. Seelie, seconded by Mr. Corrigan, to approve the Minutes of the Regular Meeting of Council held June 7, 2004, without the necessity of a reading.

Motion adopted. All members voting yea.

****OLD BUSINESS****

1. Finance Committee Verbal Report regarding Ordinances 48-04.

Mr. FitzGerald submitted the following report:

Finance Committee met this evening, all members present, and we considered Ordinance 48-04 – this is the ordinance to allow the City to enter into contract for the sale of lease of space or rights for advertising and also allows the City to enter into sponsorship agreements with outside entities. We had a very productive discussion, there was a concern voiced by member of the Committee at our last Committee hearing about the fact that if we passed the ordinance as it was written that it would give the City the ability or authority to enter into contracts without any kind of Council oversight as we have in other contracts. We asked the Law Department to draft a ordinance which would put a $7,500 threshold number for these types of contracts as we have for other types of contracts and they did that. We also asked them to consider two other matters, and by the way, it’s $7,500 or any contract, advertising or sponsorship contract in excess of three years. We also asked them to consider adding one additional provision to this proposed ordinance and that is that at any time where there is going to be external advertising on City property that there would be a process whereby the City would present that to our own Architectural Review Board for review and approval to make sure that it fits in with the mission of the City and that it’s done in a appropriate way. It was unanimous on the Committee and also other Members of Council present that they were also in favor of that concept so that particular provision is going to be added to this ordinance and I expect it will be added and ready for us to recommend its adoption and the next Council Meeting. The only other concern that was expressed at the Committee Meeting was that we wanted to make sure that we built in whatever legal safeguards possible to make sure that the City was able to reject advertisers that we did not feel portrayed an appropriate message for a city run facility or a city operation and we asked the Law Department to formalize their opinions on that matter before we proceeded with this. I anticipate at our next meeting in July that we’ll have an ordinance that we can recommend for your approval with the changes that I just outlined. At this time our recommendation was to refer it back to Committee and to defer it for tonight’s reading.

Motion by Mr. Seelie, seconded by Mr. Demro, to receive, file and refer the verbal report to the Finance Committee.

Motion adopted. All members voting yea.
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2. 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, REFERRED BACK 6/7/04)(Pg. 8)

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

Motion adopted. All members voting yea.

{Without objection from Members of Council, Items 34 & 35 were read after Item 2.}

3. Public Works Committee Verbal Report regarding Ordinance 24-04 –Clifton Boulevard Infrastructure Improvements.

Mr. Dever submitted the following report:

The Public Works Committee met last Thursday at 6:00 in the evening and the Law Director and Public Works Director were in attendance along with Councilman Demro. We were discussing the issue that I brought forward back in March and it’s finally coming to a possible realization here about the historical preservation and enhancements of Clifton Boulevard in the near future. In 2006 ODOT is scheduled to come through from West Clifton all the way to West Boulevard and do a mill and fill; grind up the asphalt and put it back down again. What I’m hoping to propose and hopefully we’ll get public support for this and the necessary funding for it is to do something more to Clifton Boulevard than to just come through and put asphalt back down. The first step here is to put together an application that we need to be submitted to NOACA which is the major planning organization in this area. Right now we were looking at some of the language that needs to be included in and the possible application. That’s what I’m trying to get included in this ordinance right now so we can incorporate that language into this. The Law Director is looking into that information and also I’ll be talking with the Public Works Director and hopefully my colleagues if they have any other input on this. But we’d liked to try and bring this thing out of Committee for a vote, this is $50,000 for Conceptual Design which is going to be needed for the application process also. There will be a cost to the City in the future on this and typically these projects run at an 80/20 split. Eighty percent would be absorbed by the federal government but at the same time, it has to have some merit to this project. We’re going to have to cross our fingers to see if it comes about and also the twenty percent that the City would be responsible for in the future, the City is going through hard times right now and it’s something that hopefully we’ll be able to muster up the necessary funds to make this a realization hopefully in the next three to five years. It’s a true enhancement for this community. You talk about development and the Rockport Square; if we do this right to Clifton Boulevard this could truly be a true asset to this community so I think it’s something that has some merit and we need to look at it. Right now it is in Committee and we plan on having the next Committee meeting the weekend before the Fourth of July and hopefully we’ll have the necessary language in order and we’ll be able to move forward with this. There will be a public input component to this. I hope to reach out to the public almost immediately, in particularly those people who live along that stretch of Clifton Boulevard and get their input on ideas for what they’d like to see happen along Clifton. It is the major thoroughfare of this City, 16,000 vehicles at least, a day go through there. I know many people are just going straight through the City but many of us travel up and down there and want to utilize it, our children walk it and rider their bikes there. We have an opportunity here and that’s what I’m trying to bring about.

Motion by Mr. Dever, seconded by Mr. Seelie, to receive, file and refer the verbal report back to the Public Works Committee.

Motion adopted. All members voting yea.
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4. ORDINANCE NO. 24-04 – AN EMERGENCY ORDINANCE 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 3/1/04, 2ND READING 3/15/04)(Pg. 10)

Motion by Mr. Dever, seconded by Mr. Seelie, to defer and refer Ordinance No. 24-04 back to the Public Works Committee.

Mayor George indicated that he thought the idea was outstanding, indicating the 80/20 potential match in 2006. He supported remarks about Clifton Boulevard’s appeal and added that it was the gateway to the City and that this would be a chance to make significant improvements to the street at a 5 to 1 ratio. He said this would enhance the housing and aesthetic values of not only the Clifton Boulevard area but the surrounding streets by doing this the right way. He stated that times were lean for the City and would remain lean as most other cities in Ohio for the foreseeable future. He said this is an issue that had to be addressed.

To defer, refer back to Public Works Committee.
Motion adopted. All members voting yea.
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5. Rules & Ordinances Committee Verbal Report regarding Ordinances 44-04 and 45-04.

Mr. Dunn submitted the following report:

Ordinances 44-04 and 45-04 deal with the existing Codes for the Lakewood Codified Ordinances chapters 505 and 506. The deal with our relationship with animals in the City, make sure there’s proper boundaries between humans and dangerous animals. I have to give credit to Dottie Buckon and the Health & Human Services Department as well as the Law Department; this has been worked on for quite some time and they ‘ve updated it to make sure it’s state of the art, consistent with emerging technology. The sum and substance of all the changes is just that. Some of them are semantics, some of the categories which have been enlarged from dangerous dogs to dangerous animals to make it more inclusive. There’s been a penalty section which has been upgraded that violators, instead of facing a fourth degree misdemeanor now face a first-degree misdemeanor. There are additional administrative efficiency that allows dog control officers to cite under the Code. It also recognizes new technologies that are accessible to pet owners for instance an invisible fence with specifications that an invisible fence has to be no more than six feet closer to the sidewalk. But just taking those into consideration they did a great job. Councilman Demro and I worked on it over the last several months and we unanimously recommend adoption tonight.

Motion by Mr. Dunn, seconded by Mr. Demro, to receive and file the verbal report.

Motion adopted. All members voting yea.
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6. 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. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 44-04 PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 4/5/04, 2ND READING 4/19/04, DEFERED 5/17/04, REPORTED OUT ON 6/7/04. (Pg. 12)

Motion by Mr. Dunn, seconded by Mr. Demro, to adopt Ordinance No. 44-04.

Motion adopted. All members voting yea.
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7. 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. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 45-04 PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 4/19/04, 2ND READING 5/3/04, DEFERRED 5/17/04, REPORTED OUT ON 6/7/04) (Pg. 28)

Motion by Mr. Dunn, seconded by Mr. Dever, to adopt Ordinance No. 45-04.

Motion adopted. All members voting yea.
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8. Health & Human Services Committee Verbal Report regarding Lease Agreement for Youth Office, Ordinance No. 56-04.

Ms. Madigan submitted the following report:

Your Health & Human Services Committee met tonight to consider entering into a lease at 13616 Madison Avenue. We asked Mrs. Buckon and her staff to enlighten us about the value of this space and shed light on the pros and cons of continuing to rent this space and she presented a well researched report that actually goes back a couple years the highlights of which are that they say the space they are currently in for the Department of Youth Services was renovated very recently. It works very well for them, it’s a storefront location that has separate entrance for students and families. The back entrance to the parking area accommodates vehicles, the parking is pretty good, there’s storage space that comes with the price. She and Paul feel as though it is a very efficient space for the Division right now but we are particularly encouraged that Mrs. Buckon and Director Nogalo are considering the long-term facilities needs of Health & Human Services along with the long-term facility needs for the entire City of Lakewood in the Grow Lakewood Committee. Decisions are being made as part of a whole and I think that vision is being considered and these decisions are not being made in a silo. I’m really encouraged by it and I think that everyone who sat through on the Committee was willing to go ahead and agree to the lease that it would go for two years. There’s an option after two years. The Law Department did a lot of research on it and we feel we’re in a good position.

Motion by Ms. Madigan, seconded by Mr. Dunn, to receive and file the verbal report.

Motion adopted. All members voting yea.
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9. 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, PLACED ON 2ND READING 6/7/04){COMPLETE LEASE AGREEMENT WAS PUBLISHED 5/17/04 AND IS NOW ON FILE IN THE CLERK OF COUNCIL OFFICE FOR PUBLIC REVIEW}(Pg. 37)

Motion by Ms. Madigan, seconded by Mr. Demro, to adopt Ordinance No. 56-04.

Motion adopted. All members voting yea.
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10. Public Safety Committee Verbal Report regarding Liquor Permit Application transfer from Curcios to Bella Luca.

Mr. Patrick Corrigan submitted the following report:

Your Public Safety Committee met this evening to review the liquor permit transfer for 18405 Detroit, Bella Luca Restaurant. There were no objections to the transfer. The Police Department conducted its thorough research and determined there was no reason to object. The Law Department also recommended that there was no statutory reason to object and that being said, the Committee approved the liquor transfer.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to receive and file the verbal report.
Motion adopted. All members voting yea.
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11. 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. 44)

Motion by Mr. Corrigan, seconded by Ms. Madigan, to file no objection.

Motion adopted. All members voting yea.
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12. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/7/04)(Pg. 45)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 58-04 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.

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13. ORDINANCE NO. 59-04 – AN ORDINANCE to amend Ordinance 91-95, the Zoning Code of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/7/04)(Pg. 46)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 59-04 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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14. ORDINANCE NO. 60-04 – AN ORDINANCE to amend Ordinance 91-95, the Zoning Code of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/7/04)(Pg. 47)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 60-04 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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15. ORDINANCE NO. 61-04 – AN ORDINANCE to amend Ordinance 91-95, the Zoning Code of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/7/04)(Pg. 52)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 61-04 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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16. ORDINANCE NO. 62-04 – 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. (PLACED ON 1ST READING AND REFERRED TO THE COMMITTEE OF THE WHOLE 6/7/04). (Pg. 56)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 62-04 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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17. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/7/04). (Pg. 57)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 63-04 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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18. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/7/04).(Pg. 64)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 64-04 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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19. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/7/04).(Pg 73)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 65-04 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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20. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/7/04)(Pg. 74)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Resolution No. 7906-04 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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21. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/7/04). (Pg. 75)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 66-04 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. All members voting yea.
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22. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/7/04). (Pg. 76)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 53-04A on 2nd Reading and refer it to the Public Works Committee. (With Concurrence from Council this item was referred from the Finance Committee to the Public Works Committee. )

Motion adopted. All members voting yea.
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23. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/7/04)(Pg. 77)

Motion by Mr. Seelie, seconded by MR. Demro, to place Ordinance No. 8-03B on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. All members voting yea.
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24. ORDINANCE NO. 9-04 A – AN ORDINANCE 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/7/04). (PG. 78)

Motion by Mr. Seelie, seconded by Mr. Dunn, to place Ordinance No. 9-04A on 2nd Reading and refer it back to the Finance Committee.

25. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 6/7/04). (Pg. 80)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance no. 5-04A on 2nd Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
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26. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/7/04). (Pg. 81)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 77-03B on 2nd Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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27. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 6/7/04). (Pg. 88)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Resolution No. 7907-04 on 2nd Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
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28. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 6/7/04).(Pg. 89)

Motion by MR. Dever, seconded by Mr. Demro, to place Ordinance No. 67-04 on 2nd Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.

****NEW BUSINESS****

29. Communication from Councilmember Demro regarding Combating Chronic Nuisance Offenders.

Motion by Mr. Demro, seconded by Mr. Dever, to receive, file and refer the communication to the Housing Committee.

Motion adopted. All members voting yea.
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30. Communication from Law Director Corrigan regarding Councilmember Demro request – Criminal Activity Nuisances. (Pg. 91)

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

Motion adopted. All members voting yea.
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31. ORDINANCE NO. 69-04 – AN ORDINANCE amending the Lakewood Codified Ordinances to add new Section ___________relative to the abatement of criminal activity nuisances and the collection of costs to the Police Department of responding to such nuisances, and declaring an emergency. (Pg. 94)

Motion by Mr. Seelie, seconded by Mr. Demro, to place on 1st Reading and refer Ordinance No. 69-04 to the Housing Committee.

Motion adopted. All members voting yea.
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32. Communication from Finance Director Nogalo regarding Memberships for 2004. (Pg. 99)

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

Motion adopted. All members voting yea.
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33. RESOLUTION NO. 7908-04 - A RESOLUTION to amend Resolution No. 7825-04, adopted December 15, 2003, for the purpose of adding the American Payroll Association to the prior list authorizing the Director of Finance to pay the cost of memberships of municipal employees and/or Departments and Divisions in certain associations for the year 2004 and declaring such memberships to be in the public interest. (Pg. 100)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to receive, file and refer Resolution NO. 7908-04 to the Finance Committee.

Motion adopted. All members voting yea.
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34. Communication from Police Chief Malley regarding Resolution Honoring Patrol Officer Gary Easter for his Selection as the Ohio School Resource Officer of the Year. (Pg. 107)

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

Motion adopted. All members voting yea.
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35. RESOUTION NO. 7909-04 - A RESOUTION commending Officer Gary Easter for his selection as the Ohio School Resource Officer of the Year for 2004. (Pg. 108)

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 7909-04.

Motion adopted. All members voting yea.
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36. Planning Commission Report regarding Agreement With the City of Cleveland to honor Zoning Regulations Restricting Uses Transcending the Boundaries Between the Cities of Lakewood and Cleveland. (Pg. 109)

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

Motion adopted. All members voting yea.
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37. ORDINANCE NO. 70-04 – AN ORDINANCE authorizing the Mayor or his designee to enter into an agreement with the City of Cleveland to honor zoning regulations restricting uses transcending the boundaries between the City of Lakewood and the City of Cleveland. (Pg. 110)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 70-04 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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38. Communication from Mayor George regarding Bonds Authorization for the Rockport Project. (Pg. 113)

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

Motion adopted. All members voting yea.
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39. Fiscal Officers Certificate for Rockport Square Improvement General Obligation Bonds, Series 2004. (Pg. 115)

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

Motion adopted. All members voting yea.
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40. ORDINANCE NO. 71-04 – AN EMERGENCY ORDINANCE to provide for the issuance and sale of not to exceed $4,500,000 of bonds for the purpose of paying the costs of public improvements for the Rockport Square project, including land acquisition, environmental remediation, and certain public infrastructure improvements, including sidewalks and street improvements and public plazas. (Pg. 116)

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. 71-04 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Ordinance No. 71-04.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 71-04.
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41. Communication from Acting Planning & Development Director Murphy regarding Economic Development Fund Loan approval for Martindale Electric Company at 1365 Hird Avenue. (Pg. 123)

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.
… .

42. ORDINANCE NO. 72-04 – AN ORDNIANCE authorizing the Mayor or his designee to enter into an agreement with The Martindale Electric Company located at 1365 Hird Avenue, Lakewood, Ohio 44107, for participation in the Lakewood Business Investment Program (BIP) of the Economic Development Fund (EDF) for a five (5) year forgivable loan in an amount of Fifteen Thousand Dollars (15,000.00). (Pg. 124)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 72-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
… .

43. Communication from Public Works Director Beno regarding No Turn on Red Intersections. (Pg. 126)

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

Motion adopted. All members voting yea.
… .

44. ORDINANCE NO. 73-04 – AN ORDINANCE to amend the Traffic Code of the Codified Ordinances of the City of Lakewood by amending Section 313.10 regarding Prohibited Turns on Red Signals, to create 24-hours seven days a week “No Turn On Red” designations for the intersections at Detroit and St. Charles Avenues, Detroit and Arthur Avenues, and Detroit and Lakeland Avenues, as part of the streetscape and downtown crosswalk upgrades to create a safer and more pedestrian-friendly downtown. (Pg. 127)

Motion by Mr. Seelie, seconded by Mr. Dunn, to place Ordinance No. 73-04 on 1st Reading and refer it to the Public Safety Committee.

Motion adopted. All members voting yea.
… .

45. Liquor Permit Application for new C1 and C2 permits to Petro Mart, Inc., d/b/a Petro Mart 209, 14235 Madison Avenue, Lakewood, Ohio 44107. (Pg. 131)

Motion by Mr. Seelie, seconded by Mr. Dever, to defer action on this item.

Motion adopted. All members voting yea.

Approved:____________________________ ________________________
CLERK

________________________
PRESIDENT