MINUTES OF THE REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
APRIL 18, 2005
7:30 P.M.

Regular Meeting of the Lakewood City Council called to order at 7:38 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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Motion by Mr. Seelie, seconded by Ms. Madigan to excuse the absence of Mr. Corrigan (Mr. Corrigan arrives shortly after roll call).

Motion adopted. All members voting yea.
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Also Present: Mayor George, Law Director Corrigan, Finance Director Nogalo, Police Chief Malley, Fire Chief Mroz, Public Works Director Beno, Planning & Development Director Jordan, Building Representative Fitzgerald, Gerry Murphy, Mayor's Executive Assistant Novak;

Motion by Mr. Seelie, seconded by Mr. Corrigan, to excuse the absence of Mr. Dever (temporarily delayed - arrives 7:30 PM).
Motion adopted. All members present voting yea.
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Reading and disposal of the Minutes of the Special Meeting of Council held March 21, 2005 and April 4, 2005.

Motion by Mr. Seelie, seconded by Mr. Demro, to defer action on the minutes.
Motion adopted. All members voting yea.
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Without objection from Members of Council, items 76 and 77 are read first in the agenda order.

****OLD BUSINESS****
1. Finance Committee Verbal Report regarding ATM Machine.

Mr. FitzGerald submitted the following verbal report:

The Finance Committee met this evening and this item was again deferred. It had been up before and we wanted to make sure that other financial institutions had the opportunity to participate in the approval process and at the recommendation of the Finance Director they are going to put out a request for proposal so that there's a broader field of financial institutions that can compete with this. We unanimously recommended that this item be referred back to Committee until such time as that process can be completed.

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

Motion adopted. All members voting yea.
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2. ORDINANCE NO. 17-05 - AN EMERGENCY ORDINANCE requesting Council's specific approval of and authorizing the Mayor to enter into a Lease Agreement with National City Bank for approximately twenty-five (25) square feet of real property located at 12650 Detroit Avenue, Lakewood, Ohio for use by National City Bank for the placement of an Automated Teller Machine for the convenience of residents and employees in accordance with Lakewood Codified Ordinance §111.04(a)(4). (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/22/05, 2ND READING 3/7/05, REFERRED BACK TO FINANCE COMMITTEE 3/21/05, DEFERRED 4/4/05)(Pg 10)

A resident indicated he opposed the use of a municipal building for a corporate interest. He said the language in the lease meant the City paid for everything.

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 Amending Contracting Ordinance.

Mr. FitzGerald submitted the following verbal report:

The Finance Committee met this evening again and again Councilman Dunn and myself were present. Item 3 relates to the updates of the contracting Ordinance. As we went through the budget process there were some additions and subtractions to the Contracting Ordinance. The Contracting Ordinance tracks the Budget as far as what amounts for money are purchases of either services or goods are approved by Council. This current version of the contracting ordinance simply reflections the additions and deletions that were made in the Budget Hearings. The Committee recommended unanimously that we adopt the proposed changes to the Contracting Ordinance.

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

Motion adopted. All members voting yea.
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4. ORDINANCE 99-04A An emergency ordinance amending ordinance 99-04, adopted December 20, 2004 for the purpose of changing and decreasing contracting authority for 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 2005 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 4/4/05) (Pg.11)


Mr. FitzGerald requests a brief explanation from Finance Director as to the reason the request for suspension of the rules is being made.

Finance Director Nogalo responded that the original Ordinance was passed in December of 2004 prior to the Budget being passed. He stated that because the Budget passed in late March it was important to have contracting authority reflect the Budget and it would be more appropriate to pass the ordinance now instead of waiting two more weeks.

Motion by Mr. FitzGerald, seconded by Mr. Seelie to substitute Ordinance No. 99-04A with that which was provided that evening.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGearld, Madgian, Seelie.
Nays: None
Motion adopted. Rules suspended.

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to suspend the rules requiring this Ordinance be read on three separate days.

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

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to adopt Ordinance No. 99-04A as substituted.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie,
Nays: None
Motion adopted. Ordinance No. 99-04A adopted as substituted.
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5. Finance Committee Verbal Report regarding Refunding 1995 Bonds, Vedda TIF Bond, 2003 & 2004 BANS to Bonds.

Mr. FitzGerald submitted the following verbal report.

The Vedda TIF bonds had to do with the original expenditure that was authorized by Council. It was basically sight preparation for the Vedda Project on Berea Road. This is, I guess you'd call it, a pre-payment or a refinancing of those as are the next items that are going to be coming up. Because of changes in the interest rates it has been represented to us that it makes sense to go for refinancing of these at this time so that we can lock in lower interest rates.

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

Motion adopted. All members voting yea.
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Corrected Ordinance Number from last publication
6. ORDINANCE 100-04(22-05) An emergency ordinance to provide for the issuance and sale of not to exceed $11,530,000 in principal amount of bonds for the various purposes described herein and to pay costs of issuance in connection therewith. (Pg.11)

Mr. FitzGerald indicated that because of the fluidity of the market and the interest rates, that the Finance Committee also recommended that the rules be suspended and adopt the Ordinance that night before any changes in the market might end up effecting the City in a negative way.

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 22-05 on final reading.

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

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 22-05.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie.
Nays: None
Motion adopted. Ordinance No. 22-05 adopted..
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Corrected Ordinance Number from last publication
7. ORDINANCE 104-05 (23-05) An emergency ordinance to provide for the issuance and sale of not to exceed $400,000 in principal amount of bonds for the purpose of paying the costs of public improvements for the Vedda Printing project, including site preparation, environmental remediation, and related soft costs and to pay costs of issuance in connection therewith. (Pg. 18)

Mr. FitzGerald indicated that for reasons stated previously he would also move to suspend the rules on Ordinance No. 23-05..

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 23-05 on final reading.

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

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 23-05.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie.
Nays: None
Motion adopted. Ordinance No. 23-05 adopted..
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Corrected Ordinance Number from last publication.
8. ORDINANCE 105-05 (24-05) An emergency ordinance to provide for the issuance and sale of not to exceed $9,695,000 in principal amount of bonds for the purpose of advance refunding all or a portion of the City's Various Purpose General Obligation Bonds, Series 1995A and 1995B, dated April 15, 1995. (Pg.23)

Mr. FitzGerald indicated that the estimated savings estimate as provided by the Finance Department with the refinancing would be $48,000 a year. He stated that for reasons previously stated he would again move to suspend the rules.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 24-05 on final reading.

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

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 24-05.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie.
Nays: None
Motion adopted. Ordinance No. 24-05 adopted.
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9. ORDINANCE 20-05 An ordinance to amend Section 113.04 of the Codified Ordinances of the City of Lakewood, for the purpose of changing appointing authority to the Board and to reduce the annual number of meetings required by the Board. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 4/4/05)(Pg.28)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 20-05 on 2nd Reading.

Motion adopted. All members voting yea.
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10. ORDINANCE 21-05 An emergency ordinance authorizing and directing the Director of Planning and Development to engage Westlake Reed Leskosky to provide professional services for a feasibility study for the redevelopment and adaptive re-use of the Hilliard Theatre, 16200 Hilliard Rd., and contract administration in accordance with the Administrative Code of the City of Lakewood, contract amount not to exceed eight thousand dollars (8,000). (PLACED ON 1ST READING AND REFERRED TO THE COMMITTEE OF The WHOLE 4/4/05)(Pg. 29)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 21-05 on 2nd Reading.

Motion adopted. All members voting yea.
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(Items 11-30 were read continuously for collective motion)
11. Fiscal Officers Certificate for Various Purpose Advance Refunding Bonds, Series 2005. (Pg. 30)

12. Fiscal Officers Certificate for Vedda Printing Project General Obligation Bonds, Series 2005. (Pg. 30)

13. Fiscal Officers Certificate for $206,360 Lakewood Heights Boulevard Improvement Bonds, Series 2005. (Pg. 30)

14. Fiscal Officers Certificate for $359,000 Lakewood Park Improvement General Obligation Bonds, Series 2005. (Pg. 30)

15. Fiscal Officers Certificate for $512,857 Park Improvement Bonds, Series 2005. (Pg. 30)

16. Fiscal Officers Certificate for $178,289 Motorized Equipment Bonds, Series 2005. (Pg. 30)

17. Fiscal Officers Certificate for $152,820 computer Equipment Bonds, Series 2005. (Pg. 30)

18. Fiscal Officers Certificate for $412,211 Municipal Buildings Improvement Bonds, Series 2005. (Pg. 30)

19. Fiscal Officers Certificate for $309,541 Hilliard Road & Franklin Boulevard Improvement bonds, Series 2005. (Pg. 31)

20. Fiscal Officers Certificate for $428,198 Street Improvement Bonds, Series 2005. (Pg. 31)

21. Fiscal Officers Certificate for $618,317 Wastewater Treatment Plant Improvement Bonds, Series 2005. (Pg. 31)

22. Fiscal Officers Certificate for $1,023,891 Motorized Equipment Bonds, Series 2005. (Pg. 31)

23. Fiscal Officers Certificate for $1,200,566 Municipal Buildings Improvement Bonds, Series 2005. (Pg. 31)

24. Fiscal Officers Certificate for $206,106 Sloane Avenue Improvement Bonds, Series 2005. (Pg. 31)

25. Fiscal Officers Certificate for $515,901 Street Improvement Bonds, Series 2005. (Pg. 31)

26. Fiscal Officers Certificate for $615,429 Park Improvement bonds, Series 2005. (Pg. 31)

27. Fiscal Officers Certificate for $307,714 Traffic Signalization and Streetscape Bonds, Series 2005.(Pg. 32)

28. Fiscal Officers Certificate for $618,317 Water Main Improvement Bonds, Series 2005. .(Pg. 32)

29. Fiscal Officers Certificate for $2,370,216 Wastewater System Improvement General Obligation Bonds, Series 2005. .(Pg. 32)

30. Fiscal Officers Certificate for $1,494,267 Wastewater Treatment Plan Improvement Bonds, Series 2005. .(Pg. 32)

Motion was made by Mr. Seelie, seconded by Mr. Demro to receive and file the fiscal officers Certificates (items 11-30).

Motion adopted. All members voting yea.

****NEW BUSINESS****

31. Communication from Public Works Chair Dever regarding Additions to the 2005 Street Capital Plan. (Pg. 32A)

Motion by Mr. Dever, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.

Mr. Dunn asked if funding was unavailable for the four streets that were earmarked for repair this year, if they would be carried over to next year as a priority.

Mr. Dever responded that the Administration had already represented to Council that there would be no capital improvement program without an income tax increase. He said he would like to see those streets moved along if there was a continuation of the deep grind and overlay program next year but that there was no guarantee that would happen. He said the intent was to create a complete reconstruction program within a reasonable amount of time. He said that right now the reconstruction program is a 30-35 year out program. He said this was too long. He said he would make a recommendation for the continuation but did not know what the Council body would choose.

Mr. Dunn asked if it would be fair to say that those streets would be on a list of priority streets to be addressed. Mr. Dever responded that the streets that were listed were rated poor to critical from the City data base that has been used since approximately the last ten years.

Councilmember Corrigan indicated that it became apparent that the criteria to evaluate streets was applied in 1999. He said that the numerical figures the City has relied on are based on six year old data. He said the streets were personally driven over to come up with the list. He said that over this winter a number of streets have gone from a 7 to a 10 in terms of critical condition. He said the fact was that the street issue has become more pressing.

A resident asked about CDBG streets.

Mr. Dever responded that CDBG funds would be used for Manor Park, Chesterland, and Wyandotte. He said other funding sources would be used on the streets also.

A resident asked if the City of Lakewood would be responsible to pay for the repair of some of these streets.

Mr. Dever responded that the Water and Sewer Funds would be used to pay for part of the streets.

There was discussion on the section of Merl between Giel and Bunts as not being in a designated census tract of a HUD street. The resident asked if Chase was on the priority streets. Mr. Dever indicated that a list was being made up of all the priority streets in Lakewood.


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32. Communication from Planning & Development Director Jordan regarding Economic Stimulus Package. (Pg. 32B)

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

Mr. Demro indicated that some of the ordinances could be referred to the Rules & Ordinances Committee.

Mr. Seelie indicated that many of the ordinances had city-wide effect and that the dollar amounts required the full Council.

Mr. Demro stated that because the RITA issue in the Committee of the Whole was a priority and that the Charter issue should also be a priority he thought that the Rules & Ordinances Committee could address the ordinances efficiently and provide a timely report to Council. He cited the example, the Motion Pictures Ordinance, referencing the $10.00 fee indicating equipment was being addressed that was presently obsolete.

Mr. Dunn indicated he would follow up with the recommendation to attend to expedite those specific ordinances.

Mr. Ken Lurie spoke on the issue requesting building permit fee structure be looked at thoroughly. He said that he has learned from Forest City that Lakewood's fee structure was higher than every area in the country. He stated he wanted to reinforce his commitment to the Project no matter what Council's decision ends up being on the issue.

Mr. FitzGerald asked Mr. Lurie what the Financial implications would be if the ordinances passed. Mr. Lurie responded that it would probably add an unanticipated $650,000 to $900,000 depending on the actual square footage of the northside of the street. He stated that on the south side of the street, on one building proposed to be built this summer, it would be a total of $295,000. He indicated that they were working off of Phase I A, a different type of building.

Mr. FitzGerald indicated that his concern with this as opposed to the projects with the library and the schools was that there was no City subsidizing in the financing in those projects and that with Mr. Lurie's project there was. He said he would like to review when Council looked at what an appropriate TIF subsidy would be to see if those anticipated revenues were part of the deliberative process.

Mayor George asked Mr. Lurie if the current fee structure would be a factor in his future developments. Mr. Lurie responded that it would.

Mayor George indicated that he had a list of approximately 15 different entities involved in comparable project for Rockport Square. He provided a breakdown of various cities regarding their fee structure; City of Cleveland - $170,000. Middleburg Heights $113,858. Bedford - $12,000. Solon - $8,000. He said the cost from Lakewood is $295,000. He stated that these fees were associated with the cost of a particular unit and asked if this made the City more or less competitive.

Mr. Lurie said that this would add about $30,000 to each unit.

Motion adopted. All members voting yea.
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33. ORDINANCE NO. 25-05 - An Ordinance to repeal Chapter 713, Billiard Rooms and Bowling Alleys, of the Codified Ordinances of the City of Lakewood. (Pg. 33)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 25-05 on 1st Reading and refer it to Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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34. ORDINANCE NO. 26-05 - An Ordinance to repeal Chapter 729, Gas and Oil Wells, of the Codified Ordinances of the City of Lakewood. (Pg. 38)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 26-05 on 1st Reading and refer it to Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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35. ORDINANCE NO. 27-05 - An Ordinance to repeal Chapter 1317, Motion Pictures and Films, of the Codified Ordinances of the City of Lakewood. (Pg. 43)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 27-05 on 1st Reading and refer it to Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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36. ORDINANCE NO. 28-05 - An Ordinance to repeal Chapter 753, Fire and Going Out of Business Sales, of the Codified Ordnances of the City of Lakewood. (Pg. 46)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 28-05 on 1st Reading and refer it to Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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37. ORDINANCE NO. 29-05 - An Ordinance to amend Chapter 1309, Permit Fees, of the Codified Ordinances of the City of Lakewood for the purpose of changing certain fees by the City of Lakewood. (Pg. 50)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 29-05 on 1st Reading, refer it to the Committee of the Whole and the Planning Commission.

Motion adopted. All members voting yea.
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38. ORDINANCE NO. 30-05 - An Ordinance to amend Section 1306.44, License Application Form and Fee, of the Codified Ordnances of the City of Lakewood for the purpose of changing certain fees charged by the City of Lakewood. (Pg. 57)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 30-05 on 1st Reading, refer it to the Committee of the Whole and the Planning Commission.

Motion adopted. All members voting yea.
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39. ORDINANCE NO. 31-05 - An Ordinance to amend Section 1325.09, Permit Fees, of the Codified Ordinances of the City of Lakewood for the purpose of changing certain fees charged by the City of Lakewood. (Pg. 59)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 31-05 on 1st Reading and refer it to the Committee of the Whole and Planning Commission.

Motion adopted. All members voting yea.
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40. ORDINANCE NO. 32-05 - An Ordinance to amend Section 1173.06, Fees, of the Codified Ordinances of the City of Lakewood for the purpose of changing certain fees charged by the City of Lakewood. (Pg. 60)

Motion by Mr. Seelie, seconded by Ms. Madigan, to place Ordinance No. 32-05 on 1st Reading, refer it to the Committee of the Whole and the Planning Commission.

Motion adopted. All members voting yea.
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41. Communication from Finance Director Nogalo regarding $15,737,000 City of Lakewood, Ohio Various Purpose General Obligation Anticipation Notes. (Pg. 63)

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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42. Fiscal Officer's Certificate $100,000 Sidewalk Improvement Bond Anticipation Notes, Series 2005. (Pg. 64)

(Collective motion made to receive and file fiscal officers certificates)

43. ORDINANCE NO. 33-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $100,000 Sidewalk Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of reconstructing sidewalks and drive aprons as necessary. (Pg. 65)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 33-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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44. FISCAL OFFICER'S CERTIFICATE $1,450,000 STREET IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2005. (Pg. 69)

(Collective motion made to receive and file fiscal officers certificates)

45. ORDINANCE NO. 34-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $1,450,000 Street Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets by replacement of the concrete base and asphalt overlay, including replacement of curbs and aprons as required, together with all necessary appurtenances thereto. (Pg. 70)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 34-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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46. FISCAL OFFICER'S CERTIFICATE $90,000 TRAFFIC SIGNALIZATION (Pg. 74).

(Collective motion made to receive and file fiscal officers certificates)


47. ORDINANCE NO. 35-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $90,000 Traffic Signalization Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets by improving traffic signalization. (Pg. 75)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 35-05 on 1st Reading & refer it to the Finance Committee.

Motion adopted. All members voting yea.
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48. FISCAL OFFICER'S CERTIFICATE $20,000 STREET SIGNS BOND ANTICIPATION NOTES, SERIES 2005 (Pg. 79)

(Collective motion made to receive and file fiscal officers certificates)

49. ORDINANCE NO. 36-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $20,000 Street Signs Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets by installing street name signs. (Pg. 80)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Oridnance No. 36-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.

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50. FISCAL OFFICER'S CERTIFICATE $1,410,000 MOTORIZED EQUIPMENT BOND ANTICIPATION NOTES, SERIES 2005 (Pg. 84)

(Collective motion made to receive and file fiscal officers certificates)

51. ORDINANCE NO. 37-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $1,410,000 Motorized Equipment Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring motorized equipment and appurtenances thereto. (Pg. 85)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 37-0-5 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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52. FISCAL OFFICER'S CERTIFICATE $685,000 COMPUTER EQUIPMENT BOND ANTICIPATION NOTES, SERIES 2003 (Pg. 89)

(Collective motion made to receive and file fiscal officers certificates)

53. ORDINANCE NO. 38-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $685,000 Computer Equipment Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring computers and systems therefore for municipal purposes. (Pg. 90)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 38-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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54. FISCAL OFFICER'S CERTIFICATE $635,000 MUNICIPAL BUILDINGS IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2005 (Pg. 94)

(Collective motion made to receive and file fiscal officers certificates)

55. ORDINANCE NO. 39-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $635,000 Municipal Building Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of renovating municipal buildings. (Pg. 95)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 39-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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56. FISCAL OFFICER'S CERTIFICATE $330,000 PARK IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2005 (Pg. 99)

(Collective motion made to receive and file fiscal officers certificates)

57. ORDINANCE NO. 40-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $330,000 Park Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving park facilities and sites. (Pg. 100)


Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 40-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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58. FISCAL OFFICER'S CERTIFICATE $50,000 TREE PLANTING BOND ANTICIPATION NOTES, SERIES 2005. (Pg. 104).

(Collective motion made to receive and file fiscal officers certificates)

59. ORDINANCE NO. 41-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $50,000 Tree Planting Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets and municipal properties by clearing, trimming and planting trees. (Pg. 105).

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 41-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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60. FISCAL OFFICER'S CERTIFICATE $127,000 POOL IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2005. (Pg. 109).
(Collective motion made to receive and file fiscal officers certificates)

61. ORDINANCE NO. 42-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $127,000 Pool Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Foster Pool and Madison Pool. (Pg. 110).

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 42-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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62. FISCAL OFFICER'S CERTIFICATE $4,840,000 WATERLINE IMPROVEMENT GENERAL OBLIGATION BOND ANTICIPATION NOTES, SERIES 2005 (Pg. 114)

(Collective motion made to receive and file fiscal officers certificates)

63. ORDINANCE NO. 43-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $4,840,000 Waterline Improvement General Obligation Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving waterlines. (Pg. 115)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 43-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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64. FISCAL OFFICER'S CERTIFICATE $1,300,000 WASTEWATER TREATMENT PLANT IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2005 (Pg. 119)

(Collective motion made to receive and file fiscal officers certificates)

65. ORDINANCE NO. 44-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $1,300,000 Wastewater Treatment Plant Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving the City's wastewater treatment plant. (Pg. 120)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 44-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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66. FISCAL OFFICER'S CERTIFICATE $4,700,000 SEWER IMPROVEMENT
BOND ANTICIPATION NOTES, SERIES 2005 ){Pg. 124)

Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file all fiscal officers certificates). Motion adopted. All members voting yea.
(previous motion received and filed fiscal officers certificates)

67. ORDINANCE NO. 45-05 - AN EMERGENCY ORDINANCE to provide for the issuance of $4,700,000 Sewer Improvement Bond Anticipation Notes, Series 2005 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving storm and sanitary sewers. (Pg. 125)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 45-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
… .

68. Communication from Planning & Development Director Jordan regarding Renewal of the Cuyahoga Housing Consortium Membership. (Pg. 129)

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.
… .

69. ORDINANCE NO. 46-05 - AN EMERGENCY ORDINANCE authorizing the Director of Planning and Development to enter into an agreement pursuant to Section 307.15 of the Ohio Revised Code with other member jurisdictions of the Cuyahoga Housing Consortium regarding the cooperative implementation and carrying out of the goals and purposes of the Federal Home Investment Partnership Program and declaring an emergency. (Pg. 130)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 46-05 on 1st Reading & refer it to the Finance Committee.

Motion adopted. All members voting yea.
… .

70. Communication from Mayor George regarding Coach Bob Whidden St. Edward Hockey Team. (Pg. 132)

Motion by Mr. Seelie, seconded by Mr. Demro, to defer action on this communication.
Motion adopted. All members voting yea.
… .

71. RESOLUTION NO. 7978-05 - A RESOLUTION to honor Bob Whidden as he retires after 21 years as Coach of the St. Edward High School Hockey Team. (Pg. 133)

Motion by Mr. Seelie, seconded by Mr. Demro, to defer action on this Resolution.
Motion adopted. All members voting yea.
… .

72. Communication from Mayor George and Councilmember Dunn regarding St. Edwards High School Hockey Team. (Pg. 134)

Motion by Mr. Seelie, seconded by Mr. Demro, to defer action on the communication.
Motion adopted. All members voting yea.
… .

73. RESOLUTION NO. 7979-05 - A RESOLUTION to congratulate the St. Edward High School Hockey team and their Coach Bob Whidden on winning the 2005 State Title; a total of 10 Sate titles in 13 championship games. (Pg. 135)

Motion by Mr. Seelie, seconded by Mr. Demro, to defer action on this Resolution.
Motion adopted. All members voting yea.
… .

74. Communication from Mayor George and Councilmember Dunn regarding St. Edward High School Wrestling Team. (Pg. 136)

Motion by Mr. Seelie, seconded by Mr. Demro, to defer action on this item.
Motion adopted. All members voting yea.

75. RESOLUTION NO. 7980-05 - A RESOLUTION to congratulate the S. Edward High School Wrestling Team and their coach, Greg Urbas, on achieving their 21st state team title; their ninth consecutive state title won. (Pg. 37)

Motion by Mr. Mr. Seelie, seconded by Mr. Demro to defer action on this item.
Motion adopted. All members voting yea.
… .

76. Communication from Mayor George regarding Lakewood Community Day. (Pg. 138)

Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the communication.
Motion adopted. All members voting yea.
… .

77. RESOLUTION NO. 7981-05 - A RESOULTION designating July 11, 2005 as "Lakewood Community Day" at the Lake County Captains. (Pg. 139)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7981-05.
Motion adopted. All members voting yea.
… .

78. Communication from Mayor George regarding Resolution for Eagle Scout Robert Rajnicek. (Pg. 140)

Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the communication.
Motion adopted. All members voting yea.
… .

79. RESOLUTION NO. 7982-05 - A RESOLUTION to honor and recognize Robert Allen Rajnicek on the occasion of his being awarded the Boy Scouts of America highest honor the Eagle Scout Badge. (Pg. 141)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7982-05.
Motion adopted. All members voting yea.
… .

80. Communication from Mayor George regarding Days of Remembrances of the Victims of the Holocaust. (Pg. 142)

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

Motion adopted. All members voting yea.
… .

81. RESOLUTION NO. 7983-05 - A RESOLUTION, pursuant to an Ac of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, May 1st through Sunday, May 8, 2005, including the international Day of Remembrance known as Yom Hashoah, May 6, 2005. (Pg. 143)

Motion by Mr. Seelie, seconded by Ms. Madigan, to adopt Resolution No. 7983-05.
Motion adopted. All members voting yea.
… .

82. Communication from Finance Director Nogalo regarding YMCA Funding. (Pg. 144)

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

Mr. Corrigan indicated that Mr. Nogalo asked the Resolution be adopted this evening. He asked if this meant that some matter had to be accelerated to allow the YMCA to go forward with its lenders.

Mr. Seelie indicated that his understanding was that this money had already been appropriated. He said that the Resolution was as binding as possible and was a Resolution and did not require three readings. He said that whatever the decision is on the permits, it would not effect this figure.

YMCA representative Haley indicated some evidence that monies were coming through had to be presented to the funding institutions.

Mr. Dunn stated that the Resolution states Council's intention but does not bind Council in budgeting for following years.

Ms. Madigan stated that she had all the questions she had answered in the presentation provided weeks ago.
Mr. Corrigan wanted it clarified that this did not mean a five year appropriation and was a Resolution for a one year appropriation.

Motion adopted. All members voting yea.
… .

83. RESOLUTION NO. 7984-05 - A RESOLUTION of intent to appropriate funds in the amount of $50,000 from the Lakewood Hospital Fund on an annual basis for a period of five years for the purpose of supporting renovations to the Lakewood YMCA, for a total dollar amount not to exceed Two Hundred fifty Thousand Dollars ($250,000) and subject to Council's annual approval of the budget of the City of Lakewood. (Pg. 145)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 7984-05.
Motion adopted. All members voting yea.
… .

84. Communication from Finance Director Nogalo regarding Auction of Obsolete Equipment. (Pg. 146)

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

Motion adopted. All members voting.
… .

85. ORDINANCE NO. 47-05 - AN EMERGENCY ORDINANCE authorizing and directing the Director of Finance to sell, through public auctions, various obsolete, surplus and non-functioning City vehicles, materials and/or equipment. (Pg. 147)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 47-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
… .

86. Communication from Finance Director Nogalo regarding Sale Via Trade-in, Obsolete Equipment. (Pg. 148)

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

Motion adopted. All members voting yea.
… .

87. RESOLUTION NO. 7985-05 - AN EMERGENCY RESOLUTION authorizing and directing the Director of Finance to sell, through trade-in, one (1) backhoe in conjunction with the purchase of a 2005 Model 3106 Loader Extend hoe Backhoe. (Pg. 149)

Motion by Mr. FitzGerald, seconded by Mr.. Seelie to place Resolution No. 7985-05 on 1st Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
… .

88. Communication from Police Chief Malley regarding National Police Week. (Pg. 150)

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

Motion adopted. All members voting yea.
… .

89. RESOLUTION NO. 7986-05 - A RESOLUTION to recognize members of the Lakewood Division of Police and all peace officers during National Police Week 2005. (Pg. 151)

Motion by Mr. Seelie, seconded by Ms. Madigan, to adopt Resolution No. 7986-05.
Motion adopted. All members voting yea.
… .

90. Liquor Permit application for C1 and C2 stocks to TAP On TAP, 16708 Detroit Avenue. Lakewood, Ohio 44107. (Pg. 152)

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

Motion adopted. All members voting yea.
… .
Motion by Mr. Seelie, seconded by Mr. Corrigan, to adjourn the meeting.
Motion adopted. All members voting yea.
Meeting adjourned 9:47 PM