Regular Meeting of the Lakewood City Council called to order at 7:32 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. Dever, to approve the Minutes of the Regular Meeting of Council held September 20, 2004, without the necessity of a reading.
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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.

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

Motion by Mr. Seelie, seconded by Mr. Demro, to defer action on this item.
Motion adopted. All members voting yea.
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3. Finance Committee Verbal Report regarding Ordinances 81-04, 9-04B,(Report for Ordinance 9-04B was provided after that item was read) 77-03C, 82-04, Good Neighbors Rental Property Internet Project, Parking Study Status, and RITA update.

Mr. FitzGerald submitted the following report:

Your Finance Committee met last week then we met again before this full Council Meeting and considered a number of different items.

The Ordinance regarding Ordinance 81-04 has to do with the five year forgivable loan; $60,000 and $40,000 in separate increments for Netknowledge Inc., also known as Thinsolutions. It has to do with helping that corporation both move their operations into City of Lakewood and also is helping them fund an expansion in their business. In summary, I can report to my fellow Councilmembers and the public that basically we are brining in a high tech. Company which is eventually going to end up with around twenty fairly well paying jobs for a City investment of about $100,000 over five years. Mr. Fisher was there as he’s been before the full Council before, he was also there at the Finance Committee and answered questions from the Committee regarding various matters. The Committee was satisfied that this investment makes sense for the City of Lakewood and we unanimously recommended its approval.

We also considered the issue regarding the contracting authority for the awards dinner for City employees and in a nut shell - we had a couple of recommendations. One is that we urged the Administration to be as fiscally conservative as possible when it came to actually expending money for this event because we didn’t want it to send a wrong message to taxpayers and it was the opinion of the Committee that this could be done for significantly less than fifteen thousand dollars. We were not comfortable with micromanaging the exact parameters of the event; we received assure from Finance Director Nogalo that they would undertake cost-cutting measures and we recommended the approval of the request as it was worded. We also made a note and I want to make sure all councilmembers know this. There were two things that really did not happen the way they should. One is, we weren’t asked for the contracting authority until this late date. We should have been asked that much earlier in the year and that was something that wasn’t done the way it should be and the Administration was forthcoming about that. Secondly, we need to have, and when we go into our Budget Hearings for next year, a greater level of specificity about what we’re appropriating. We want to strike a balance between knowing exactly what type of pen we’re getting, exactly how many sheets of paper to having something that’s so vague that Council isn’t being given enough information about what they’re appropriating money for. This is a good example of it because this particular $15,000 was subsumed under a request for operating expenses which we didn’t feel gave Council appropriate notice. That’s something that the Finance Director agreed that we were going to try to provide some additional level of specificity for next year’s Budget Hearing so that we don’t face that again. We recommended adoption with those caveats.

Good Neighbors Rental Property Internet Project. When we discussed this in the springtime it was our hope that we could provide additional information to renters and also provide an additional resource for responsible landlords. The challenge we gave the Administration was let’s try to figure out a way to do this where we don’t have to add personnel or expense to our City with our current Budget climate. It’s loosely based on what the City of Cleveland Heights, and the City of Shaker Heights does for their responsible landlords. The difference is that both those cities have added a couple of employees in order to administer the program. We’re trying to come up with a way to do that without adding a significant expense to the City. The City hasn’t come up with a way to do that yet so we’re going to end up reconvening the interested parties including the City, Ed Fitzgerald, and also interested parties from the Apartment Owners Association, the Chamber of Commerce.

Parking Study status: There have been requests for proposals that have been sent out to a number of vendors. They came back to the City with about five different proposals. They range in price from approximately $39,000 to approximately $120,000 or $125,000. The original appropriated amount that Council’s asked for was $20,000 so we’re going to have additional discussions about this. First of all we’re going to see if we can have more of a partnership with the Chamber of Commerce to share the burden or at least share participation in the matter and secondly we want to see if there’s other money in the City Budget that might be contained elsewhere so we don’t have to appropriate new money. There is some additional money in the Budget elsewhere so we wouldn’t have to appropriate new money so we’re going to be asking for a legal opinion from the Law Department as to whether or not those funds could be used for this parking study.

Regional Income Tax In-house Proposal. We had a very thorough and professional presentation from Patricia Chittock from the Finance Department and I asked a copy be made, if Councilmember haven’t received them, you should ask the Clerk for them over her review of what’s going on right now with our RITA collections. I really would urge my fellow councilmembers, she really is very knowledgeable about the subject, I think we’re lucky to have somebody that has that broad of an understanding of this situation. To summarize, there are significant management problems and cost challenges that are associated with continuing to deal with RITA for our income tax collections which are creating the impetus behind this whole thing. There are preliminary budget numbers that the City provided us which estimate what it would cost for the City to bring this in-house but it’s still preliminary. As the Chairman of the Finance Committee, I urged the Administration to pursue the concept of regionalizing or sharing the expense if we do take it in-house with other clients of RITA who may be dissatisfied with their services so that we may have some cost savings there. We got some good news from Director Nogalo today because those conversations are starting to happen so there’s a chance we may be able to improve upon the numbers that have been provided to us so far. It’s the beginning of a conversation and it looks promising but it’s premature of course to make any decision. This is something that wouldn’t be practical to switch over to immediately because we’re in the beginning of a tax season and plus have a contract with them which I believe expires next July.

Mr. Nogalo: You have to decide six months before a year-end so obviously we missed the deadline this year so obviously we would have to make a decision by June 30th of next year for 2006.

Mr. FitzGerald continues: We’ve been given enough information to know that it’s worth considering.

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

Mayor George commented on items.

Mr. FitzGerald indicated an addendum to his report:

In December of last year, we would have passed the contracting authority for all the items that were in the Budget at the time. The reason that this wasn’t in the contracting authority at the time was because it was added by the Administration. This wasn’t an awards dinner or recognition of employees that the previous Administration was doing so that’s why it wasn’t on the original contracting authority and had to be added later.

Also – 82-04 – which has to do with the sale of a house which the City owns on Arthur Avenue. We’re recommending for adoption this evening that the City retain the services of a realtor in order to sell that property.

On the motion to receive and file the report.
Motion adopted. All members voting yea.
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4. 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). (PLEASE SUBSTITUTE FOR ORDINANCE NO. 81-04 PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 9/7/04, PLACED ON 2ND READING 9/20/04). (Pg. 6)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to amend to substitute Ordinance No. 81-04.

Mr. FitzGerald indicated the reason for the substitution was to correct a typographical error relative to an address and was not substantive.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 81-04 amended.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 81-04 as amended.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 81-04 adopted as amended.
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5. 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, PLACED ON 2ND READING 9/20/04)(Pg. 8)

Mr. FitzGerald stated:

The Finance Committee also deliberated about this. This is additional money to the Police Department to place more in-car videos in their patrol cars and the Finance Committee unanimously recommended its adoption.

Motion by Mr. FitzGerald, seconded by Mr. Dever to adopt Ordinance 9-04B.

Ms. Madigan asked how long this puts off looking for money for the GPS system. She asked if it was still in the plans eventually. Police Chief Malley responded that it was still in the plans as soon as the present program is finished that they would go into the new technology with locators.

Mr. Seelie asked if it was anticipated in next year’s Budget. Police Chief Malley responded that he thought it was not included yet in the next year’s Budget, that the amount of money to complete the program was included for in-car videos next year.

Ms. Madigan asked if this may mean it is two years off. Chief Malley responded that it would probably be 2006.

Motion adopted. All members voting yea. Ordinance No. 9-04B adopted.
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6. 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, PLACED ON 2ND READING 9/20/04)(Pg. 11)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt.

Ms. Madigan indicated that she understood the cost of the dinner to be approximately $7,400 and for the award items the cost between $4,000 or $5,406. She said there was a quote of a higher one than that. She said that the total would come to $12,400 approximately. She said she thought that was too much money at this time. She said she would vote against it.

Mr. Demro referenced a survey he stated was authored by Barb McDonnell from the Mayor’s Office and commented on three estimates that were previously mentioned. He stated these were key chains, pins, etc. He asked the Finance Director if the plan was to budget for approximately $7,400 for the dinner, he asked what type of dinner people were receiving if the lowest estimate of $4,700 was allotted. He asked why the memo didn’t mix with the information provided at the Committee meeting.

Mr. Demro indicated that he would vote against the dinner. He said he did not think it was the best use of funds when 35 hour work weeks, and lay offs were being proposed.

Motion adopted. Five members voting yea.
Mr. Demro and Ms. Madigan voting nay.
Ordinance No. 77-04C adopted.
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7. 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, PLACED ON 2ND READING 9/20/04)(Pg. 18)

Motion by Mr. FitzGerald, seconded by Mr. Dever to adopt.
Motion adopted. All members voting yea.
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8. 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. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 9/20/04).(Pg. 20)

Motion by Mr. Demro, seconded by Mr. Dunn, to place Ordinance No. 85-04 on 2nd Reading.

Councilmember Corrigan suggested a positive element be added to the review of the proposed penalty. He asked consideration of a possible fee ($20.00 as an example) a citizen could pay to allow for an accelerated pick up for special situation or occasion. He indicated that it would send a message that the City could be positive as well as punitive in the way the refuse system is operated. Mr. Demro responded that he would welcome suggestions in Committee.

Ms. Madigan asked for clarification on the $75.00/hour and minimum fee of $75.00. Mr. Demro responded that the fees were based on the costs associated with sending employees out to pick the trash up. He indicated that the formula would be specified in Committee.

Motion adopted. All members voting yea. Ordinance No. 85-04 Placed on 2nd Reading.

****NEW BUSINESS****

9. Communication from Mayor George regarding Flannery Education Act. (Pg. 22)

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

Motion adopted. All members voting yea.
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10. RESOLUTION NO. 7922-04 – A RESOLUTION encoring the Ohio General Assembly to support the “Flannery Education Act”. (Pg. 23)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution NO. 7922-04.

Motion adopted. All members voting yea.
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11. Communication from Mayor George regarding RCOG Delegate and Alternate Delegate. (Pg. 24)

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

Motion adopted. All members voting yea.
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12. RESOLUTION NO. 7923-04 – AN EMERGENCY RESOLUTION approving the appointment of Vjekoslav Nogalo the position of Delegate to the Regional Income Tax Agency, Regional Council of Governments. (Pg. 25)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7923-04.

Motion adopted. All members voting yea.
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13. RESOLUTION NO. 7924-04 – AN EMERGENCY RESOLTUION approving the appointment of Patricia Chittock to the position of Alternate Delegate to the Regional Income Tax Agency, regional Council of Governments. (Pg. 26)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to adopt Resolution No. 7924-04.

Motion adopted. All members voting yea.
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14. Communication from Mayor George regarding Appointment of Director of Planning & Development. (Pg. 27)

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

The selection process and the vision of the Planning & Development Director were discussed.

Mr. Demro indicated that he did not receive a copy of the search committee’s report, Mr. Jordon’s resume or his references and though Mr. Jordon appears to be an excellent candidate it placed Councilmembers in an uncomfortable position of asking questions at the meeting instead of privately. He asked that in the future enough information be provided ahead of time.

Mr. FitzGerald complimented the committee’s selection and indicated agreement with Mr. Demro that in the future an appointment be reviewed in the Committee of the Whole.

Motion adopted. All members voting yea.
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15. RESOLUTION NO. 7925-04 – AN EMERGENCY RESOLUTION approving the appointment of Thomas Jordon to the position of Director of Planning and Development upon his taking the oath of office. (Pg. 28)

Motion by Mr. Seelie, seconded by Mr. Dever, to suspend the rules requiring this Resolution be read on three separate days and placing Resolution No. 7925-04 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7925-04 on final reading.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan Seelie
Nays: None
Motion adopted. Resolution No. 7925-04 adopted.
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16. Planning Commission Report regarding Lakewood Zoning Code Proposed Amendments to Chapter 1105, Districts Established, Maps; chapter 1129, Commercial Districts; Chapter 1135 Mixed Use Overlay District; Chapter 1156, Planned Development and Chapter 1161 Conditional Uses. (Pg. 29)

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

Councilmember Corrigan indicated that time strictures needed to be worked into the conditional use outdoor dining facility relative to bars. He asked that this be looked at closely. Mr. Seelie referenced the section in the report where it stated it “would not effect the serenity of the neighborhood”. Planning Commission Member Virginia Fitzgerald indicated that although this would be in the Zoning Code, businesses would still have to come before the Planning Commission where restrictions could be placed on them. Mr. Seelie indicated this would be discussed further in Committee.

Motion adopted. All members voting yea.
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17. ORDINANCE NO. – 86-04 - AN ORDINANCE to amend Chapter 1105 – Districts Established, Maps – of the Zoning Code of the Codified Ordinances of the City of Lakewood. (Pg. 31)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 86-04 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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18. ORDINANCE NO. 87-04 – AN ORDINANCE to amend Chapter 1129 – Commercial Districts – of the Zoning Code of the Codified Ordinances of the City of Lakewood. (P. 33)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 87-04 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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19. ORDINANCE NO. 88-04 – AN ORDINANCE to amend Chapter 1135 – Mixed Use Overlay District – of the Zoning Code of the Codified Ordinances of the city of Lakewood. (Pg. 40)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 88-04 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. 89-04 – AN ORDINANCE to amend Chapter 1156 – Planned Development – of the Zoning Code of the Codified Ordinances of the City of Lakewood. (Pg. 41)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 89-04 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. 90-04 – AN ORDINANCE to amend Chapter 1161 – Conditional uses – of the Zoning Code of the Codified Ordinances of the City of Lakewood. (Pg. 42)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 90-04 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 Public Works Director Beno regarding ODOT – Detroit Avenue Resurfacing. (Pg. 46)

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

Ms. Madigan asked if there was an estimated cost of the streetscape at this time. Mr. Beno indicated they did not. Mayor George indicated the Downtown Ohio Group was being consulted along with the Chamber and other entities to work out estimates. He indicated streetscaping involved the possible use of money from NOACA, Issue II funds and Community Development Block Grant Funds and required a thorough review to come to an estimate.

Motion adopted. All members voting yea.
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23. ORDINANCE NO. 91-04 - AN EMERGENCY ORDINANCE committing the City of Lakewood to participate in a street resurfacing program for the resurfacing of Detroit Avenue in the City of Lakewood with the Ohio Department of Transportation. (Pg. 47)

Motion by Mr. Dever, seconded by Mr. Corrigan, to place Ordinance No. 91-04 on 1st Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
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24. Communication from Finance Director Nogalo regarding $2,300,000 City of Lakewood, Ohio Wastewater System Improvement General Obligation Bond Anticipation Notes. (Pg. 49)

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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25. Fiscal Officer’s Certificate for $2,300,000 Wastewater System Improvement General Obligation Bond Anticipation Notes, Series 2004. (Pg. 50)

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

Motion adopted. All members voting yea.
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26. ORDINANCE NO. 92-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $2,300,000 Wastewater System Improvement General Obligation Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving the City’s wastewater and storm water collection system. (Pg. 51)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 92-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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27. Communication from Acting Planning & Development Director Murphy regarding U.S. Department of Housing and Urban Development Funding Fiscal year 2005 Allocations. (Pg. 55)

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

Mr. Demro referenced the second page, second paragraph (Citizens Advisory Committee Report), “…In order to provide $8,000 in funding toward AACESS and a total $17,500 toward LCPI…”. He said $16,000 was taken from the streets program. He stated the document mentioned a split but that the numbers didn’t add up. Acting Planning & Development Director Murphy responded that the original allocation was $8,500. She said that the Mayor’s recommendation to CAC and the CAC picked up $8,000 to $17,500 and the was zero was accessed to $8,000. She indicated this would be explained in more detail in Committee.

Mr. Demro stated he disagreed with the Committee regarding street funding. He said that every dollar that could be spared should be going to streets.

Mr. Demro asked the Law Director what was the ability for Council to amend the recommendations. Law Director Corrigan indicated he would provide that information at the Committee meeting.

Motion adopted. All members voting yea.
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28. RESOLUTION NO. 7926-04 – AN EMERGENCY RESOLUTION authorizing and directing the Mayor to submit the Fiscal year (FY) 2005 One-year Action Plan of the Consolidated Plan, which includes dollar allocations and activities for federal Community Development Block Grant (CDBG) funds, and incorporates the City’s application for CDBG funds, HOME Investment Partnership Funds, American Dream Downpayment Initiative (ADDI) funds, Emergency Shelter Grant (ESG) funds, and all amendments thereto and all understandings and assurances contained therein, to the U.S. Department of Housing and Urban Development (HUD). (Pg. 60)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Resolution No. 7926-04 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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29. Liquor Permit application for D2, D2X, D3 and D3A transfers to NOMAD Holdings 2 LLC d/b/a Patio Tavern, 15615 Madison Avenue 1st Fl & Bsmt, Lakewood, Ohio 44107 from Ontario Vending, Inc, 15615 Madison Avenue, same address. (Pg. 62)

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

Mr. Demro from the Ward of the establishment indicated he had no objection.

Motion adopted. All members voting yea.
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Meeting adjourned 9:08 PM.
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Approved:____________________________ ________________________
CLERK

________________________
PRESIDENT