Regular Meeting of the Lakewood City Council called to order at 7:33 P.M. by President Seelie.
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Present: Councilmembers Patrick S. Corrigan, Ryan Patrick Demro, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan, Robert M. Seelie.
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Also Present: Mayor George, Law Director Corrigan, Finance Director Nogalo, Police Chief Malley, Fire Chief Mroz, Public Works Director Beno, Acting Planning & Development Director Murphy, Building Representative Fitzgerald, Human Services Director Buckon, Mayor’s Executive Assistant Novak.
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Motion by Mr. Seelie, seconded by Mr. Corrigan, to approve the Minutes of the Regular Meeting of Council held September 7, 2004, without the necessity of a reading.

****OLD BUSINESS****

1. Committee of the Whole Verbal Report regarding Communication from Councilmember Dunn regarding Proposal to amend LCO 121.04, to create an Economic Development and Community Reinvestment Committee.

Mr. Seelie submitted the following report.

The Committee of the Whole met earlier this evening to discuss creating an additional committee; Economic Development and Community Reinvestment. It was recommended and voted on by the entire Council to send this communication to the Law Department and to the Department of Development for their questions, comments and concerns and if we could have that back prior to next Monday or Tuesday from the Law Department and Community Development. Your ideas, concerns, questions, so we can meet at our next meeting and decide whether we want to pursue, create an additional committee.

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

Motion adopted. All members voting yea.
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2. Committee of the Whole Verbal Report regarding communication from Councilmember Dunn; Proposal to dedicate the new playground at Niagara Park in honor of former Ward 1 Councilman Thomas O. McBride.

Mr. Seelie submitted the following report:

The Committee of the Whole met this evening to discuss the proposal by Councilman Dunn to rename the playground at Niagara after Councilman Tom McBride, who resided on that street for years and served the City of Lakewood for over twenty years at least. It was recommended by Council, we all agreed that the park should be named that however, for logistical purposes, we agreed to do this similar to what we did to with Ward Park so we wanted to refer it to the Public Works Director and if you and people within your Department could come back to us with a cost estimate and one or two different designs or ideas on how to go about doing that prior to maybe Monday or Tuesday of next week before the Thursday deadline, so we can have something prepared for a meeting. Councilman Dunn, there was a specific date? Was it early October or mid-October?

Mr. Dunn: In conversation with the family, we’d like to, if possible, have a brief ceremony dedicating the park sometime in October and I will contact the family and find out why and if there is a specific date. That was the recommendation that we have a Committee meeting at our next Council Meeting to discuss various proposals. In terms of what I thought was appropriate, what I intended, was similar to what Council did to honor Councilman Thomas Ward by naming the Ward Playground at Merl Park. For precedent, that’s what I was thinking.

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

Mayor George indicated the Administration would prepare acknowledgements for Mr. McBride and meet with Mr. Dunn and the McBrides.

Motion adopted. All members voting yea.
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3. ORDINANCE NO. 81-04 – AN EMERGENCY ORDINANCE authorizing the Mayor or his designee to enter into an agreement with 1388 Riverside Partners LLC d.b.a. Netknowledge Inc. (also known as Thinsolutions) 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 Sixty Thousand Dollars ($60,000.00) and a separate five year forgivable loan for forty thousand dollars ($40,000). (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 9/7/04) (Pg. 4)

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to place Ordinance No. 81-04 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. All members voting yea.
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4. ORDINANCE NO. 9-04B – AN EMERGENCY ORDINANCE amending Ordinance No. 9-04A, adopted July 19, 2004 for the purpose of decreasing contracting authority for GPS (AVI) track and increasing contracting authority for In Car Videos for the Division of Police 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 9/7/04)(Pg. 6)

Motion by Mr. FitzGerald, seconded by Mr. Demro, to place Ordinance No. 9-04B on 2nd Reading and refer it back to the Finance Committee.
Motion adopted. All members voting yea.
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5. ORDINANCE NO. 77-03C – AN EMERGENCY ORDINANCE amending Ordinance 77-03B adopted July 19, 2004, to accommodate addition of service awards, 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 AND REFERRED TO THE FINANCE COMMITTEE 9/7/04)(Pg. 9)

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to place Ordinance No. 77-03C on 2nd Reading.

Motion adopted. All members voting yea.
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6. ORDINANCE NO. 82-04 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Finance (Director) to enter into an agreement with a licensed real estate broker to market for sale the real property located at 1440 Arthur Avenue for a period of 120 days, pursuant to Section 155.07 of the Codified Ordinances. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 9/7/04)(Pg. 16)

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to place Ordinance No. 82-04 on 2nd Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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7. Liquor Permit application for D5 and D6 transfers to EHHO LLC d/b/a O Donnells, 16204 Madison Avenue, Lakewood, Ohio 44107 from 16204 Madison Inc. d/b/a Shenanigans 16204 Madison Avenue, Lakewood, Ohio 44107. (DEFERRED 9/7/04)(Pg. 18)

Motion by Mr. Corrigan, seconded by Mr. Seelie, to file no objection to this liquor application.

Mr. Corrigan indicated that communication from the Law Director indicating there were no statutory reasons to object. Mr. Demro, Councilmember in the ward of the establishment indicated he had no objections.

Motion adopted. All members voting yea.

****NEW BUSINESS****

8. Communication from Councilmember Dunn regarding Parking on W. 117th. (Pg. 19)

Mr. Dunn asked if the City could find out who made the decision to eliminate parking on W. 117th, why they made it and if there was a good reason. He indicated there may be alternatives for Mr. Laderman.

Motion by Mr. Dunn, seconded by Mr. Seelie, to receive, file and refer to the Public Works Committee.

Mr. Laderman itemized the impact the parking ban on W. 117th has had on his business.

The Clerk was directed to notify Mr. Laderman on the Committee meeting regarding that subject.

Mr. Dever asked that some information regarding the ongoing parking study be made available to the Committee.

Finance Director Nogalo indicated that an RFP was issued and that five proposals for a comprehensive parking study for the City were received. He indicated he would present that at Committee.

Motion adopted. All members voting yea.
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9. Verbal Communication from Councilmember Demro regarding Regulating Placement of Refuse in the Public Right-of-Way.

Mr. Demro submitted the following verbal communication:

Dear Members of Council, tonight I submit to you proposed ordinance No. 85-04. This is a simple ordinance that was written with the intent of putting teeth into existing regulations of the Division of Refuse with regard to refuse collection. It writes into law the commonly known time schedule for placement of refuse on a tree lawn and sets fines for violations of the law. This would make our refuse regulations consistent with other nuisance regulations enforced by the Division of Health. I would appreciate your thoughtful consideration. Sincerely, Ryan Patrick Demro.

Motion by Mr. Demro, seconded by Mr. Seelie, to receive, file and refer this communication to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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10. ORDINANCE NO. 85-04 – AN ORDINANCE to create a new Chapter 1777 within Title Thirteen, Nuisances of the Codified Ordinances of the City of Lakewood for the purpose of regulating the placement of refuse in the public right-of-way for collection and setting fees for removal of refuse that is improperly placed within the City of Lakewood. (Pg. 20)

Motion by Mr. Demro, seconded by Ms. Madigan, to place Ordinance No. 85-04 on 1st Reading and refer it to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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11. Communication from Mayor George regarding Fire Prevention Week and Lakewood Firefighters Memorial Day. (Pg. 22)

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

Motion adopted. All members voting yea.
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12. RESOLUTION NO. – 7919-04 – A RESOLUTION calling upon the citizens of Lakewood to participate in fire prevention activities at home, work and school, and to heed the message: “It’s Fire Prevention Week: Test Your Smoke Alarms” as the 2004 Fire Prevention Week theme suggests. (Pg. 23)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 7919-04.

Motion adopted. All members voting yea.
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13. RESOLUTION NO. 7920-04 – A RESOLUTION proclaiming October 3rd, 2004 as Fallen Firefighter Memorial Day in the City of Lakewood. (Pg. 24)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to adopt Resolution No. 7920-04.

Motion adopted. All members voting yea.
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14. Communication from Mayor George regarding State Issue 2 Infrastructure Bond Program – 2005 Berea Road Improvement Project. (Pg. 25)

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

Motion adopted. All members voting yea.
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15. RESOLUTION NO. 7921-04 – AN EMERGENCY RESOULTION authorizing the Mayor, for and on behalf of the City, to seek financial assistance from the State Issue Two Infrastructure Bond Program for funding of the 2005 Berea Road Improvement Project. (Pg. 26)

Motion by Mr. Dever, seconded by Mr. Seelie, to adopt Resolution No. 7921-04.

Motion adopted. All members voting yea.
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16. Communication from Finance Director Nogalo regarding Regional Income Tax Agency Contract. (Pg. 28)

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

Motion adopted. All members voting yea.
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17. Communication from Mayor George regarding Lakewood City Schools and Cohassett Place Properties “Designing Our Schools for the Next 50 years” Project Plans. (Pg. 29)

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

Motion adopted. All members voting yea.
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Mayor George updated Council on the status of the school building transitions.

{ADD-ON}
18. Communication from Councilmember Dever regarding Retaining Educational Options in Lakewood.

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

Motion adopted. All members voting yea.
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Meeting adjourned 8:54 PM.
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Approved:____________________________ ________________________
CLERK

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PRESIDENT