Regular Meeting of the Lakewood City Council called to order at 7:35 P.M. by President Seelie.
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Present: Councilmembers 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, Assistant Law Director Tom Corrigan, Planning Commission Chair; Steve Ott.

Motion by Mr. Seelie, seconded by Mr. Dever, to excuse the absence of Councilman Corrigan.

Motion adopted. Five members voting yea.
Mr. Demro abstains.
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Motion by Mr. Seelie, seconded by Mr. Dever, to approve the Minutes of the Regular Meeting of Council held June 21, 2004, without the necessity of a reading.

Motion adopted. All members voting yea.
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1. Communication from Council President Seelie; Committee of the Whole report. (pg.8)

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

Motion adopted. All members voting yea.
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2. RESOLUTION NO. 7895-04 – A RESOLUTION to concur with the Lakewood Planning Commission in the adoption of the Master Plan for Lakewood Park, as amended November 26, 2001, revised January 2, 2002, and amended May 4, 2004. (REFERRED TO THE COMMITTEE OF THE WHOLE 5/17/04) (pg. 9)

Comments were made to place the Resolution on for further reading indicating it would 1) allow for newer councilmembers to be apprised of the proposal 2) review the project’s location in relation to the recently proposed beach project and overuse of the park 3) budget issues relative to construction and maintenance. Comments were made vote on the resolution that night indicating 1) Councilmembers could have their questions answered that night 2) construction would not be delayed, 3) the Planning Commission’s review was extensive as it took place over a three year period and that the question of the location of the skate park had already been determined.

Motion by Mr. Seelie, seconded by Mr. Dunn, to place Resolution No. 7895-04 on 2nd Reading and refer it back to the Committee of the Whole.

Mr. Demro asked to go on record stating that he did agree Council could have more readings of the legislation but stated that questioning the location of the skate park was going to cost taxpayers money. He said that the action implies the location would be moved and that he was not in favor of that.

Motion adopted. All members voting yea.
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3. Communication from Council President Seelie; Committee of the Whole report (pg. 10)

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

Council President Seelie referenced Cleveland/Lakewood agreement. He gave the example of the lack of notification Cleveland provided to Lakewood regarding the bookstore on Berea Road. He asked if this agreement would provide for a notification requirement.

Assistant Law Director Tom Corrigan responded that by entering into the agreement Cleveland and Lakewood will be saying that for all purposes of Lakewood’s use and zoning ordinances wherever there are distance and notice requirements Lakewood will be respecting those distances and those notice requirements regardless of the border.

Motion adopted. All members voting yea.
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4. 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, 2ND READING 6/21/04)(Pg. 13)

Motion by Mr. Seelie, seconded by Mr. Dever, to substitute Ordinance No. 58-04.

Yeas: Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Abstain: Demro

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 58-04 as substituted.

Yeas: Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Abstain: Demro
Motion adopted. Ordinance No. 58-04 adopted as substituted.
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5. 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, 2ND READING 6/21/04)(Pg 15)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 59-04.

Motion adopted. All members voting yea.
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6. 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, 2ND READING 6/21/04)(Pg. 18)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 69-04.

Motion adopted. All members voting yea.
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7. 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, 2nd READING 6/21/04)(Pg. 21)
Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 61-04.

Motion adopted. All members voting yea.
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8. 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. (PLACED ON 1ST REASDING & REFERRED TO THE COMMITTEE OF THE WHOLE & PLANNING COMMISSION 6/21/04)(Pg. 23)

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. 70-04 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 70-04.

Yeas: Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 70-04 adopted.
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9. 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, 2ND READING 6/21/04). (Pg. 24)

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

Motion adopted. All members voting yea.
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10. 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, 2ND READING 6/21/04). (Pg. 26)

Motion by Mr. Seelie, seconded by Mr. Dever, to defer action on this ordinance.
Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.
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11. 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, 2ND READING 6/21/04).(Pg. 30)

Motion by Mr. Seelie, seconded by Mr. Dever, to defer action on this ordinance.
Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.
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12. 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, 2ND READING 6/21/04).(Pg 35)

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

Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.
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13. Verbal report, Finance Committee.

Mr. FitzGerald submitted the following report:

The Finance Committee met this evening and we had a whole bunch of things we had to go through. Some of them we went right up to the Council Meeting so some of them were not actually able to deliberate about this evening. Let me tell you about the ones that we were able to deliberate about and recommend for approval or to place on a further reading tonight.

The first one, Ordinance 48-04 – this is the ordinance regarding the City entering into contracts for sponsorships, permitting the sale of advertising on City property. We made a couple of suggestions having to do with referrals to the Architectural Review Board for appropriate advertising and also having additional Council oversight on sponsorships and all those changes were made by Mary McGraw from the Law Department and you have an amended piece of legislation on the docket for you today. The Finance Committee voted unanimously to recommend your approval of that this evening and adoption, its already had two readings.

Proposed Resolution No. 7906-04 has to do with tax budget. We ask that this be deferred and we asked for an opinion from the Law Department as to the parameters of the report and we’re waiting back to hear from the before we pass the proposed resolution for the tax budget. And there was quite a lengthy discussion about it. Suffice it to say that it was the consensus of the Committee I think, Lakewood is looking at some very serious financial decisions that it has to make in the next year and we wanted to make sure that the tax budget reflected that.

Proposed Ordinance 66-04 , 8-03B, and also 9-04A, these have to do with additional appropriations in the Budget, having to do with the Cushman issue and also some additional expenditures that have to do with some refuse pick up and we also had to defer on this because we had some additional questions. We actually weren’t able to get to the Cushman issue and we also had some additional questions about specifics about costs of the temporary workers that were being used. Ordinance No. 77-03B is also being deferred, that’s also a similar matter. Resolution 7908-04 is also being deferred.

And we also had some deliberation about Proposed Ordinance 72-04, the proposed $15,000 forgivable loan to Martindale Electric for economic development of their facility and we will be placing it on second reading. The Committee also had some additional questions about this in particular what other resource of funds we have left after this expenditure to continue to subsidize business expansion and also what’s an appropriate use of those funds but we are recommending that that be placed on second reading.

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

Motion adopted. All members voting yea.
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14. 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, DEFERRED 6/21/04)(Pg. 37)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to substitute Ordinance 48-04 with that provided this evening.

Yeas: Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 48-04 substituted.

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to adopt Ordinance No. 48-04.

Yeas: Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 48-04 adopted as substituted.
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15. 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, 2ND READING 6/21/04)(Pg. 39)

Motion by Mr. Dunn, seconded by Mr. Seelie, to defer action on Resolution No. 7906-04.

Motion adopted. All members voting yea.
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16. 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, 2ND READING 6/21/04). (Pg. 40)

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to defer Ordinance No. 66-04 and refer back to the Finance Committee.

Motion adopted. All members voting yea.
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17. 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, 2ND READING 6/21/04)(Pg. 42)

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to defer Ordinance No. 8-03B and refer it back to the Finance Committee.

Motion adopted. All members voting yea.
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18. 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, 2ND READING 6/21/04). (PG. 45)

Motion by Mr. FitzGerald, seconded by Mr. Dunn to defer Ordinance No. 9-04A and refer back to the Finance Committee.

Motion adopted. All members voting yea.
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19. 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, 2ND READING 6/21/04). (Pg. 48)

Motion by Mr. Seelie, seconded by Mr. Dever, to defer and refer Ordinance No. 77-03B back to the Finance Committee.

Motion adopted. All members voting yea.
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20. 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. (REFERRED TO THE FINANCE COMMITTEE 6/21/04)(Pg. 51)

Motion by Mr. Seelie, seconded by Mr. Dever to defer and refer Resolution 7903-04 back to the Finance Committee.

Motion adopted. All members voting yea.
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21. 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). (PLACED ON 1ST READING & REFERRED 6/21/04) (Pg. 54)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 72-04 on second reading.

Motion adopted. All members voting yea.
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22. 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. (PLACED ON 1ST READING & REFERRED TO THE HOUSING COMMITTEE 6/21/04)(Pg. 55)

Motion by Mr. Demro, seconded by Mr. Seelie, to place Ordinance No. 69-04 on second reading and refer it to the Housing Committee.

Motion adopted. All members voting yea.
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23. Verbal report from Public Works Committee

Mr. Dever submitted the following report:

Public Works Committee met this evening to discuss two items that are on the agenda. Resolution requesting Cuyahoga County proceed with the repair and resurfacing on Hilliard Road/Franklin from West 140th Street to West 117th Street and also to include a 100% item that the City is going to pay for which is a watermain between Cohassett and 117th Street. The Committee recommended to move forward with this resolution and ordinance.

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

Mayor George indicated that when he took office in January the watermain was not included in the Budget. He said the watermain cost would be approximately a $900,000 expenditure. He said since the County Engineer is going to repave Franklin next year between Bunts and West 117th it didn’t make sense not to do the waterline at the same time. He said the decision not to put the money in there was made by his predecessor and that he saw some merit to it because there is a depleting resource in the Water Department because of the restrictions. He said the Administration decided to go ahead and take the steps and ask Council’s support in getting the watermain done at the same time the street is repaved.

Motion adopted. All members voting yea.
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24. 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, 2ND READING 6/21/04). (Pg. 57)

Mr. Dever indicated Ordinance 5-04A was inadvertently left off the Public Works Committee notice and could not be discussed in Committee.

Motion by Mr. Dever, seconded by Mr. FitzGerald, to defer and refer Ordinance No. 5-04A back to the Public Works Committee.

Motion adopted. All members voting yea.
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25. 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, 2ND READING 6/21/04). (Pg. 59)

Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Resolution No. 7907-04.

Motion adopted. All members voting yea.
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26. 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, 2ND READING 6/21/04).(Pg. 60)

Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Ordinance No. 67-04.

Motion adopted. All members voting yea.
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27. 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, PLACED ON 2ND READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 6/21/04). (Pg. 64)

Motion by Mr. Dever, seconded by Mr. FitzGerald, to defer and refer Ordinance No. 53-04A to the Public Works Committee.

Motion adopted. All members voting yea.
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28. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 6/21/04)(Pg. 66)

Motion by Mr. Dever, seconded by Mr. Seelie, to place Ordinance No. 73-04, on 2nd Reading and refer it to the Public Safety Committee.

Motion adopted. All members voting yea.
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29. 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. (DEFERRED 6/21/04)(Pg. 68)

Motion by Mr. Dunn, seconded by Mr. Seelie, to file no objection to this Liquor Permit Application.

Motion adopted. All members voting yea.

****NEW BUSINESS****

30. RESOLUTIO NO. 7910-04 – A resolution to appoint ___________ to the Lakewood Board of Zoning Code Appeals for the unexpired term ending December 31, 2004. (Pg 69

Motion by Mr. FitzGerald, seconded by Mr. Dever, to insert the name Saleh Awadalla.

Motion adopted. All members voting yea.
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31. . Communication from Finance Director Nogalo regarding Bonds authorization for the Rockport Project. (Pg. 70)

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

Motion adopted. All members voting yea.
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{Ordinance Number was amended on the floor}
32. ORDINANCE NO. 74-04 – 71-04A - AN ORDINANCE to amend Ordinance No. 71-04 passed June 21, 2004 which provided for the issuance and sale of not-to-exceed $4,500,000 of bonds for the purpose of paying the cost of public improvements for the Rockport Square project.

Harold Babbit, professor of Finance at Cleveland State University, Bond Counsel for the City was introduced.

Law Director Corrigan indicated the ordinance number should read Ordinance No. 71-04A because it was amending the Ordinance passed on June 21st.

Motion by Mr. Seelie, seconded by Mr. Dever, to amend the ordinance to read 71-04A.

Yeas: Demro, Dever, Dunn, FitzGerald, Madigan, Seelie.
Nays: None
Ordinance number amended.

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. 71-04A on final reading.

Motion adopted. All members voting yea.

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance 71-04A.

Yeas: Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinances No. 71-04A adopted as amended.
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33. Communication from Finance Director Nogalo regarding proposed ordinances 75-04, 76-04 and 77-04 addressing Municipal Income Tax issues. (Pg. 74)

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

Motion adopted. All members voting yea.
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34. ORDINANCE NO. 75-04 – An emergency ordinance declaring the necessity of submitting to the electors of the City of Lakewood the question of preserving the municipality’s right to impose a municipal income tax on a shareholders Ohio source distributive share of the net profits of S corporations. (Pg. 75)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 75-04 on 1st Reading and refer it to the Finance Committee.

Mayor George indicated that Lakewood along with other cities in the Regional Income Tax authority received an alert notice requesting all cities do this due to changes in Ohio Law. He referenced a Board of Elections deadline as 75 days before the November ballot.

Motion adopted. All members voting yea.
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35. ORDINANCE 76-04 – An ordinance to amend section 128.1302, Collection at Source, of the Codified Ordinances of the City of Lakewood for the purpose of amending the due date of which an employer is required to make a return and pay to the Administrator the amount of taxes so deducted during the previous month. (Pg. 77)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 76-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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36. ORDINANCE 77-04 – An ordinance to amend sections 128.0502 and 128.1102(a) relating to the Imposition of Income Tax-Rate and Income Taxable of the Codified Ordinances of the City of Lakewood to include lottery winnings, gambling and gaming winnings. (Pg. 78)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 77-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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37. Communication from Finance Director Nogalo regarding Tax Increment Financing Bond Retirement and Capital Improvement Funds. (Pg. 80)

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

Motion adopted. All members voting yea.
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38. ORDINANCE 78-04 – An emergency ordinance to enact a new section of Chapter 129 of the Codified Ordinances of the City of Lakewood establishing the Tax Increment Financing (TIF) Bond Retirement Fund, for the purpose of receiving revenues specifically earmarked for TIF debt service and retiring the debt for projects financed under Tax Increment Financing. (Pg. 81)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 78-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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39. ORDINANCE 79-04 – An emergency ordinance to enact a new section of Chapter 129 of the Codified Ordinances of the City of Lakewood establishing the Tax Increment Financing (TIF) Capital Improvement Fund, for the purpose of accounting for monies whose projects are financed under Tax Increment Financing. (Pg. 83)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 79-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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40. Communication from Human Services Director Buckon regarding Driver Training Course and Driver Training Refresher Course Fees. (Pg. 85)

Motion by Mr. Seelie, seconded by Mr. Dever to receive, file and refer the communication to the Health & Human Services Committee.

Motion adopted. All members voting yea.
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41. ORDINANCE 80-04 – An ordinance establishing rates for the Ohio Department of Transportation Driver Training Course and Driver Training Refresher Course provided by the Lakewood Department of Human Services/Division of Aging, effective October 1, 2004. (Pg. 86)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 80-04 on 1st Reading and refer it to the Health & Human Services Committee.

Motion adopted. All members voting yea.
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42. Communication from Police Chief Malley regarding Resolution for D.A.R.E. Program Funding. (Pg. 88)

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

Motion adopted. All members voting yea.
… .

43. RESOLUTION NO. 7910-04 7911-04 (Corrected on the floor)– A resolution supporting the grant application by the Division of Police to the Ohio Attorney General’s Office for funding for the City’s Drug Abuse Resistance Education Program, and commending the Division of Police for it’s continued efforts to educate young people of the City of Lakewood as to the hazards of alcohol and drugs. (Pg. 89)

Motion by Mr. Seelie, seconded by Mr. Dunn, to suspend the rules requiring this resolution be read on three separate days and placing Resolution No. 7911-04 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7911-04.

Yeas: Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 7911-04 adopted.
… .

Meeting adjourned 9:03 PM.
… .

Approved:____________________________ ________________________
CLERK

________________________
PRESIDENT