Regular Meeting of the Lakewood City Council called to order at 7:35 P.M. by Acting President FitzGerald.
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Present: Councilmembers Patrick S. Corrigan, Ryan Patrick Demro, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan .
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Also Present: Mayor George, Law Director Corrigan, Finance Director Nogalo, Police Chief Malley, Fire Representative, Public Works Director Beno,, Human Services Director Buckon, Building Commissioner Barrrett, Assistant Planning & Development Director Bennett.

Motion by Mr. FitzGerald, seconded by Mr. Demro to excuse the absence of Mr. Seelie.
Motion adopted. All members voting yea.
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Reading and disposal of the Minutes of the Regular Meeting of Council held June 6, 2005.

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to approve the minutes without the necessity of a reading.

Motion adopted. All members voting yea.

****OLD BUSINESS****
1. Committee of the Whole Report regarding Proposed Charter Amendments. (Pg. 9)

Mr. FitzGerald read the following report:
The Committee of the Whole met at various times and to date the majority of the Committee expressed support for the following Charter revisions as recommended by the Charter Review Commission and the majority of City Council. Respectfully submitted, Mr. Robert M. Seelie, chairman of the Committee of the Whole.

Motion by Mr. FitzGerald, seconded by Mr. Demro, to receive and file the Report.
Motion adopted. All members voting yea.
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2. Communication from Law Director Corrigan regarding Proposed Charter Amendments. (Pg. 10)

Please find attached five (5) pieces of legislation that reflect proposed amendments to the Second Amended Charter of the City of Lakewood that Council has already agreed to consider submitting to the electors at the November election.

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.
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3. ORDINANCE NO. 73-05 – AN EMERGENCY ORDINANCE providing for the submission to the electors of the City of Lakewood, an amendment to Article XI, Section 3, Classified and Unclassified Service, of the Second Amended Charter of the City of Lakewood. (Pg. 11)

Mr. FitzGerald stated that items 3, 4, 5, 6, 7 and 8 were proposed ordinances that arose out of the Charter Review Commission’s recommendations and then City Council’s deliberation. Mr. FitzGerald asked the Law Department to provide a brief summary of each ordinance.

Law Director Corrigan indicated Ordinance No. 73-05 would specify the unclassified civil servants in the City. He indicated it would be submitting to the Board of Elections for the November 8th Election amending Article 11, Section 3 to identify the unclassified service personnel.

Motion by Mr. FitzGerald, seconded by Mr. Demro, to place Ordinance No. 73-05 on 1st Reading and refer it to the Committee of the Whole.
A resident spoke in opposition to the Charter amendment stating elected officials are neither classified or unclassified but in a category of their own, stating the amendment is to allow for a Civil Service Commission recommend salary increases and eliminate voter approval.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan
Nays: None
Motion adopted.
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4. ORDINANCE NO. 74-05 – AN EMERGENCY ORDINANCE providing for the submission to the electors of the City of Lakewood, amendments to Article II, The Executive, Section 5, Salary of the Mayor, Article II, The Council, Section 3, Salaries, and Article XI, Civil Service Commission, Section 7 ,Advisory Salary Recommendations, of the Second Amended Charter of the City of Lakewood. (Pg. 12)
Law Director Corrigan indicated the ordinance submitted to the electors would amend three charter sections. He indicated the first amends Article II, Section 5, - allows for a biennial Civil Service Report recommending the Mayor’s salary and allowing for the Mayor’s salary to be eligible for a cost of living adjustment. He indicated Council may accept, modify or reject the Civil Service recommendation. He indicated the second amends Article III, Section 3, addressed salaries of Councilmembers and would go by the same biennial report of the Civil Service Commission. He said Council may accept, modify or reject the Civil Service recommendation within sixty days. He said the third amends Article XI, Section 7, Advisory Salary Recommendations stating that on or before July 1st of each even-numbered year the Civil Service Commission shall review and make a written report to Council, which report shall be filed with the Clerk of Council and the Mayor, setting forth the Commission’s recommendations for the salary and other compensation for the Offices of Mayor and members of Council.

Councilmember FitzGerald clarified stating the Civil Service Commission would make a recommendation to City Council as to what the salary of the mayor should be and City Council should be. He stated that no elected official would have the right to vote on and increase in their own salary in the midst of their term.

Motion by Mr. FitzGerald, seconded by Ms. Madigan, to also place Ordinance No. 74-05 on 1st Reading and refer to the Committee of the Whole.

A resident spoke in opposition to the ordinance indicating it was an attempt to circumvent voter approval for increases in the salary for elected officials.
Councilmember FitzGerald indicated the issue did have to go on the ballot and would require voter approval.
The Law Director indicated the law would go into effect on or before 1 July of each even-numbered year and it was indicated that an election cycle would have to take place before any change could take place.
Councilmember FitzGerald indicated the Mayor’s salary has remained at $65,000 since 1980. The Finance Director indicated the salaries of approximately 130 City employees exceeded the mayor’s salary.
Comments on the makeup of the Civil Service Commission were made.

To place on 1st Reading and refer to the Committee of the Whole.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan,
Nays: None
Motion adopted.
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5. ORDINANCE NO. 75-05 – AN EMERGENCY ORDINANCE providing for the submission to the electors of the City of Lakewood, an amendment to Article III, Section 9, Voter Approval of Ordinances and Resolutions, of the Second Amended Charter of the City of Lakewood. (Pg. 13)
Law Director Corrigan indicated the amendment would require that either a change in an increase of the municipal income tax charged on taxable income within the City or a issue regarding the reduction in the resident income tax for residents on City municipal income tax provisions would be required to got to a vote of the people.

Motion by Mr. FitzGerald, seconded by Mr. Demro, to place Ordinance No. 75-05 on 1st Reading and refer it to the Committee of the Whole.

A resident spoke opposing the amendment stating that this would allow City Council by a vote of four to decrease or eliminate the tax credit granted to City residents. The resident indicated this would mean a tax increase for the residents who live in the City but work outside the City.

Law Director Corrigan indicated that any reduction in resident income tax would have to go on the ballot. Law Director Corrigan indicated the amendment would eliminate provisions requiring voter approval for water rate increase, water service charge and the increase in the salary of the Mayor or Council.
A resident indicated the issue had already been decided by voters.
Law Director Corrigan indicated that the Charter Review Commission was made up of a group of Lakewood citizens who made the recommendations.

Motion adopted. All members voting yea.
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6. ORDINANCE NO. 76-05 – AN EMEGENCY ORDINANCE providing for the submission to the electors of the City of Lakewood, amendments to Article XX, Section 1, Right to Initiative, and Article XX, Section 9, Certification; Supplemental Petition, of the Second Amended Charter of the City of Lakewood. (Pg. 14)

Law Director Corrigan indicated the amendment would the Section – Right to Initiative – by reading any proposed ordinance may be submitted to Council through petition signed by qualified electors in the number to at least 10% of the total votes cast for the Office of Governor in the last preceding regular election.
Motion by Mr. FitzGerald, seconded by Mr. Demro, to place Ordinance no. 76-05 on 1st Reading and refer it to the Committee of the Whole.

A resident asked for clarification as to what the difference from the present Charter would mean. Law Director Corrigan responded that the changes meant the threshold was changed from 5% to 10% and from last Mayoral election to Governor’s election.

Law Director Corrigan indicated this would be similar to the next Ordinance also regarding referendum.

The resident opposed the amendment indicating the amendment would increase the power of Council over the power of citizens.

Councilmember Corrigan indicated that the changes were being recommended came from a citizens Commission to streamline city processes. He stated they were not written by City Council and were up for a City vote. He said that a large number of fellow citizens spent a lot of time working on the provisions and deemed them to be wise and something the entire electorate should consider and was the reason he was supporting them.

Motion adopted. All members voting yea.
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7. ORDINANCE NO. 77-05 – AN EMERGENCY ORDINANCE providing for the submission to the electors of the City of Lakewood, an amendment to Article XXI, Section 1, Right to Referendum, of the Second Amended Charter of the City of Lakewood. (Pg. 15)
Law Director Corrigan affirmed this Ordinance was similar to that of the Initiative Ordinance but referred to Referendum. He said this required 15% of the total of the last Governor’s race.

Motion by Mr. FitzGerald, seconded by Mr. Demro, to place Ordinance No. 77-05 on 1st Reading and refer to the Committee of the Whole.

A resident opposed the Ordinances indicating the present Referendum process was satisfactory.

Motion adopted. All members voting yea.
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8. ORIDNANCE NO. 57-05 – AN EMERGENCY ORDINANCE providing for the submission to the electors of the City of Lakewood, a proposed Third Amended Charter of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/20/05) (Pg. 16)

Law Director Corrigan indicated the Ordinance embodied the Charter Amendments as one document.

Motion by Mr. FitzGerald, seconded by Ms. Madigan, to place Ordinance No. 57-06 on 2nd Reading and refer back to the Committee of the Whole.

A resident asked for clarification on the intention of the legislation, if a completely revised Charter would be placed on the ballot.
Mr. FitzGerald responded that Council had tentatively discussed putting a few, separate items on the ballot and did not anticipate putting the full Charter back in front of the electorate.

Motion adopted. All members voting yea.
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9. Committee of the Whole Report regarding Clean Indoor Air Commission Recommendations; Law Department’s Draft Ordinance. (Pg. 18)

Mr. FitzGerald read Mr. Seelie’s Committee of the Whole Report:

The Committee of the Whole met Monday, June27, 2005, and voted unanimously to place the Law Department’s draft Ordinance of the Clean Indoor Air Commissions’ recommendations on 1st Reading this evening.

Motion by Mr. FitzGerald, seconded by Mr. Demro, to receive and file the report.
Motion adopted. All members voting yea.
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10. ORDINANCE NO. 67-05 - AN ORDINANCE to amend Chapter 523, Indoor Air Pollution, of the Codified Ordinances of the City of Lakewood for the purposes of incorporating recommendations submitted to Council by the Lakewood Clean Indoor Air Commission effective March 1, 2006. (Pg. 19)

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to place Ordinance No. 67-06 on 1st Reading and refer it to the Committee of the Whole.

Approximately four people spoke in favor of an ordinance banning smoking in various establishments indicating the connection between cigarette smoking and several cancers including the harmful impact of smoking on heart disease. Approximately four residents and speakers spoke opposing the smoking ban indicating the ban would have a negative financial impact on businesses and Lakewood as a whole, that the law would infringe on a person’s individual rights, that focus should be placed on areas where there were children instead of establishments geared toward adults. A resident indicated a necessity for a clearer definition of bar, a review of state licensing for reaching consensus, and a review of the practicality of enforcement. Two residents questioned the validity of studies showing second hand smoke as harmful. A resident shared a personal experience with bronchitis, attributing it to second hand smoke.

Councilmember Demro indicated he filed a complaint with the Board of Elections regarding the Initiative Petition.

Councilmember FitzGerald indicated the Commission offered it’s report and that it was not a substitute for Council’s own deliberation on the issue.

Councilmember Dunn indicated that the present distinction in rules regarding bars and restaurants in the proposal was temporary because the intention was to phase in the law. He said the recommendation was for an intensive six month education campaign and then restaurants would go smoke free. He said that the plan was further that six months after that, it would apply to both bars and restaurants.

Councilmember Dunn stated that the concept was not new, that eleven states and 1900 communities have gone smoke-free according to the American Cancer Society. He further stated that the concept was inevitable and that this was an opportunity for Lakewood to lead. He said that from the results of the Clean Indoor Air Commission’s work that he has an even greater appreciation for how bad second hand smoke is for health and how costly it is to a community.

Councilmember FitzGerald indicated that the ordinance would be going into Committee.

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to place Ordinance No. 67-05 on 1st Reading and refer it to the Committee of the Whole.

Motion adopted. All members voting yea.
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11. Finance Committee Verbal Report regarding Ordinance No. 17-05 – ATM Machine at City Hall.

Mr. FitzGerald submitted the following report:

The Finance Committee met this evening; there is a written report which I will provide and enter into the record; regarding the leasing of an ATM machine. An RFP went out from the Finance Department to a number of financial institutions including local and national financial institutions as well as other individuals who had expressed an interest in receiving this contract from the City of Lakewood. To date, the only respondee was National City Bank. It was moved in Committee and it was unanimous that we accept that bid as it came back.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive and file the report.
Motion adopted. All members voting yea.
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12. 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, DEFERRED 4/18/05)(Pg 24)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to adopt Ordinance No. 17-05.

A resident asked if the City receives compensation from the vending machine company used at City Hall. Finance Director Nogalo indicated he would get that information. The resident asked if National City Bank would pay to have its bank machine. Finance Director Nogalo responded that it would not, that it was an added service for people coming into City Hall. The resident indicated the City should be compensated for leasing the property; use of electricity to run a machine.

Councilmember FitzGerald said that when the first time the issue came up before the Finance Committee there was not a bidding process. He said that some of the questions the resident asked were asked as to whether or not the City was getting the best deal. He said local institutions were contacted to see if they wanted a chance to compete for this opportunity. He said that because of this insistence, RFP’s were sent out to nine or ten institutions. He said that what Mr. Nogalo omitted the fact that National City Bank was not only the best bid, but that it was the only bid. He said that the chances were that if the City went to National City Bank requesting payment, that the chances were that the City would not end up with the service at all.

The resident asked if National City Bank solicited the City to supply the service. Finance Director Nogalo responded that the request came from user departments to satisfy customer needs.

Mayor George indicated that one of the things he has stressed as mayor was to increase customer service; to make it more convenient for the customer to be served. He said that specifically the Building Department requested an ATM machine be placed in City Hall for building permit fees. He said this was also the case for people paying fines.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald
Nays: None
Ms. Madigan absent for vote.
Motion adopted. Ordinance no. 17-05 adopted.
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13. Finance Committee Verbal Report regarding Ordinance No. 54-05 – Home Program.

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to defer items 13, 14, 15, 16, 17, and 18, having to do with a presentation from Mr. Jordan, the HOME Program and some ADA improvements.

Motion adopted. Six members voting yea.
Ms. Madigan absent for vote.
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14. ORDINANCE NO. 54-05 – AN ORDINANCE authorizing the Mayor, on behalf of the City, to enter into an amended agreement with the Cuyahoga Housing Consortium (“Consortium) and various lending institutions and individuals participating in the Lakewood HOME Program (“Program”). (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/6/05, 2ND READING 6/20/05) (Pg. 25)

{Blanket motion was made to defer this item}
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15. Finance Committee Verbal Report regarding Ordinance No. 55-05 – HOME Program – ADA Compliance.

{Blanket motion was made to defer this item}
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16. ORDINANCE NO. 55-05 – AN ORDINANCE authorizing the Mayor, on behalf of the City, to enter into agreements with the Cuyahoga Housing Consortium (“Consortium”) and/or the Cuyahoga County Department of Development and Welcome House, Inc., for participation the U.S. Department of Housing and Urban Development (HUD) HOME Program (“Program”) in an amount not to exceed Forty Thousand Dollars ($40,000) for use in renovations for ADA compliance and any other use that the Consortium finds is consistent with the HOME Program. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/6/05, 2ND READ 6/20/05). (Pg.26)
{Blanket motion was made to defer this item}
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17. Finance Committee Verbal Report regarding Ordinance No. 56-06 – HOME Program.

{Blanket motion was made to defer this item}
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18. ORDINANCE NO. 56-05 - AN ORDINANCE authorizing the Mayor, on behalf of the City, to enter into agreements with the Cuyahoga Housing Consortium (“Consortium”) and/or the Cuyahoga County Department of Development and Lakewood Senior Citizens, Inc. for participation the U.S. Department of Housing and Urban Development (HUD) HOME Program (“Program”) in an amount not to exceed One Hundred Eighty-Four Thousand Dollars ($184,000) for use in renovations for ADA compliance, conversion of existing efficiency units to one bedroom units and any other use that the Consortium finds is consistent with the HOME Program. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/6/05, 2ND READING 6/20/05). (Pg. 26)

{Blanket motion was made to defer this item}
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19. ORDINANCE NO. 58-05 – AN ORDINANCE AMENDING LAKEWOOD CITY CODE CHAPTER 523 TO BAN SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT AND TO EXEMPT CERTAIN BUSINESSES AND HOMES FROM SAID SMOKING BAN. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/20/05) (Pg. 27)

Councilmember FitzGerald indicated that this ordinance was submitted by Initiative Petition.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 58-05 on 2nd Reading and refer it back to the Committee of the Whole.

Motion fails. Two members voting yea
Nays: Demro, Dunn
Mr. Dever, and Ms. Madigan absent for vote.
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{Please Note Some Ordinance Numbers have been corrected since last publication. Please also note that ordinances that are designated as substitutes reflect changes within the body of an ordinance}

20. ORDINANCE NO. {69-05} 60-05 – AN ORDINANCE to amend Section 1775.01, Weed or Tall Grass Removal of the Codified Ordinances of the City of Lakewood for the purpose of increasing penalties assessed. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 6/20/05) (Pg. 29)

Motion by Mr. FitzGerald, seconded by Mr. Demro to place Ordinance No. 60-05 on 2nd Reading.

Motion adopted. All members voting yea.
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21. ORDINANCE NO. {71-05} 61-05- AN 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, 2005. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/20/05) (Pg. 30)

Motion by Mr. FitzGerald, seconded by Mr. Demro, to place Ordinance No. 61-05 on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. All members voting yea.
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22. ORDINANCE NO. 7-05A - AN EMERGENCY ORDINANCE amending Ordinance No. 7-05, adopted March 21, 2005, authorizing the additional transfer of certain funds. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/20/05) (Pg. 31)
Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 7-05A on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. All members voting yea.
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23. ORDINANCE NO. 14-05A - AN EMERGENCY ORDINANCE amending Ordinance No. 14-05, adopted February 5, 2005, for the purpose adjusting contracting authority and to grant additional contracting authority for the Director of Public Works to advertise for bids and enter into a contract with the lowest and best bidder for Wastewater Treatment Plant 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 6/20/05) (Pg. 32)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 14-05A on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. All members voting yea.
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24. ORDINANCE NO. {13-05A} 15-05A- AN EMERGENCY ORDINANCE amending Ordinance No. {13-05}, 15-05 adopted February 7, 2005 for the purpose of adjusting contracting authority and to grant additional contracting authority for 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 the 2005 Water System Replacement Program in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate Resolution of Council. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 13-05A PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/20/05) (Pg. 33)

Motion by Mr. FitzGerald, seconded by Mr. Demro, to place Ordinance No. 15-05A on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.
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25. ORDINANCE NO. 99-04B - AN EMERGENCY ORDINANCE amending Ordinance No. 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 6/20/05) (Pg. 34)

Motion by Mr. FitzGerald, seconded by Mr. Demro, to place Ordinance No. 99-04B on 2nd Reading and refer it back to the Finance Committee.

Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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26. ORDINANCE NO. 73-05 62-05 – AN ORDINANCE to vacate a portion of Hazelwood Avenue in the City of Lakewood, Ohio. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 73-05 PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/20/05) (Pg. 37)

Motion by Mr. FitzGerald, seconded by Mr. Demro, to place Ordinance No. 62-05 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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27. ORDINANCE NO. 74-05 63-05 - AN ORDINANCE to amend Section 1105.02 of the Zoning Code of the Codified Ordinances of the City of Lakewood by changing and revising the Zoning Map of the City with respect to certain property as hereinafter set forth and described as 2080 Quail Avenue, Harrison School. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/20/05) (Pg. 38)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 63-05 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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28. ORDINANCE NO. 75-05 64-05 – AN ORDINANCE to amend Section 1105.02 of the Zoning Code of the Codified Ordinances of the City of Lakewood by changing and revising the Zoning Map of the City with respect to certain property as hereinafter set forth and described as 16401 Delaware Avenue, Hayes School. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/20/05) (Pg. 39)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 64-05 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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29. ORDINANCE NO. 76-05 65-05 – AN ORDINANCE to amend Section 1105.02 of the Zoning Code of the Codified Ordinances of the City of Lakewood by changing and revising the Zoning Map of the City with respect to certain property as hereinafter set forth and described as 16601 Madison Avenue, Madison School and 16600 Hilliard Road, Harding School. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/20/05) (Pg. 40)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 65-05 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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30. ORDINANCE NO. 77-05 66-05 - AN ORDINANCE to amend Section 1105.02 of the Zoning Code of the Codified Ordinances of the City of Lakewood by changing and revising the Zoning Map of the City with respect to certain property as hereinafter set forth and described as 13114 Detroit Avenue, Garfield School. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/20/05) (Pg. 41)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 66-05 on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
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31. Liquor Permit Application for a D5 Transfer to Louise A Lavalle d/b/a Peppers Café 1st fl & Basement 12401 Detroit Avenue, Lakewood, from Frank D Lavalle Estate Louise A Lavalle Executor d/b/a Peppers Café same address. (DEFERRED 6/20/05) (Pg. 44)

Councilmember Corrigan indicated that he has been informed that the permit was a pro-forma procedure to change the nominee on the liquor application due to the death of Frank Lavelle.

Motion by Mr. Corrigan, seconded by Mr. Demro, to file no objection.
Motion adopted. All members voting yea.

****NEW BUSINESS****

32. Public Works Committee Report regarding Citizen Infrastructure Committee. (Pg. 45)

Motion by Mr. Dever, seconded by Mr. Corrigan, to receive and file the report.
Motion adopted. All members voting yea.
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33. RESOLUTION NO. 8011-05 – A RESOLUTION creating the Citizen Infrastructure Committee for the purpose of participating in the development of a Long Term Control Plan to stop illicit sewer discharges, a Storm water Management Program and to provide recommendations for a long range plan for infrastructure improvements within the City of Lakewood. (Pg. 46)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to adopt Resolution No. 8011-05.

Councilmember Dever indicated the intent of the legislation was to create the Citizens Infrastructure Committee similar to the Citizens Advisory Committee to provide input on the long-range control plan. He indicated this was necessary to fulfill requirements. He indicated that he hoped to work within that Committee to review the available data the City has on streets, sewers and waterlines. He said people who are knowledgeable in this line of work can serve on this Committee and provide some recommendations to see if Council and the Administration are proceeding in the right direction with improvements in the City. He indicated this was a resolution to create the committee. He indicated it was a yearly resolution unless Council does an ordinance; that Council could come back next year and be able to renew the Resolution.

Councilmember Demro asked if Councilmembers would appoint their own person individually similar to the pattern of the CDBG Committee or appoint as a whole.

Councilmember Dever stated that his intent was to have Councilmembers ask for citizens with a working knowledge of water/infrastructure issues, to serve on the Committee. He said that he knew of several people who would be interested serving on the Committee and that he suggests having a list of names submitted to Council and that the body would agree on the seven members from Council to move forward. He said that the Administration would propose an additional four members to serve on the Committee. He said that there is already a long list of interested parties and that Council as a whole should decide on those people.

Councilmember Demro said that he was fully in support of the Committee but wanted to clarify that the process was unlike the appointment process relative to the CDBG appointment process where Councilmembers each have one appointment.

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to adopt Resolution No. 8011-05.
Motion adopted. All members voting yea.
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34. Communication from Councilmember Dunn regarding Lakewood Smoking Cessation Program. (Pg. 47)

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

Mr. Dunn indicated that the issue was timely because it comes at the same time the General Assembly has increased the tax on a pack of cigarettes by seventy cents. He said that it was good public health and for the local economy to have that seventy cents spent in Lakewood rather than going off to a state tax. He said that smoking is said to be more addictive than heroine or cocaine and that even if this meant it would send people to the Ohio Quit Line. He asked that the Health & Human Services Committee give this prompt attention because the circumstances warrant it.

Councilmember Corrigan indicated that this was another example of getting government into people’s lives and infringing on their individual rights. He said he opposed it. He further indicated that the mission of the City was not to educate people that smoking was bad that this was an obvious fact. He said the City did not have the money to have people go out and knock on doors and tell them that smoking was bad for them.

Councilmember Dunn responded that it was obvious but very few people do anything about it. He stated the City could offer a leadership role as a resource and that it didn’t necessarily have to cost anything. He said it could possibly take the form of a link on the City website, or adding a line when sending out City mailers referencing where people could go to get assistance to help in smoking cessation. He said this was good public education and that it brought dividends to the community.

Health & Human Services Director Buckon indicated willingness to work with the Health & Human Services Committee to promote smoking cessation programs but wanted to note that the City could not link to non-government sites.

Councilmember Madigan indicated that Ms Buckon, Ms. Gorski, a representative from Lakewood Hospital, and a member of the Hospitality Commission could be brought together at a Health & Human Services Committee meeting to consider smoking cessation issues and also the suggestions the Hospitality Commission made regarding public outreach and education. Ms. Madigan indicated this had to be part of healthy Lakewood to include healthy eating, healthy life styles, and exercise.

To refer to the Health & Human Services Committee.

Motion adopted. All members voting yea.
….

35. Communication from Councilmember Demro regarding Permit Parking. (Pg. 49)

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

Motion adopted. All members voting yea.
….

36. Communication from Councilmember Demro regarding Warren Road and Athens Avenue Intersection. (Pg. 50)

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

Motion adopted. All members voting yea.
….

37. Communication from Councilmember Demro regarding I-90 Sound Barrier. (Pg. 51)

Councilmember Dever indicated that ODOT has prioritized the top 25 sound mitigation projects throughout the state and presently Lakewood was ranked number five. He stated that last year ODOT completed the Rocky River side of sound mitigation and that project cost in the range of four million dollars. He said that this was the total amount of money that ODOT had per year to use. He said ODOT indicated it will use that amount each year in one specific community. Mr. Dever indicated that next year they would do I-90 close to 130th Street. He said Lakewood is on the mitigation list and that the first order of business was for Council to pass a resolution showing support to have studies done. Mr. Dever said that in his talks with residents in the area some expressed opposition to sound barriers. He said support for the project would need to be ensured before the City would move forward. He referred to the communication and stated that instead of referring the communication to the Housing Committee that he thought the Public Works Committee would be better suited to address the issue.

Discussion was had as far as if a City match was required. Public Works Director Beno indicated that ODOT indicated it would cost the City a million dollars a mile to construct the sound barrier walls, that this is what it cost Rocky River. Mr. Beno indicted that a lot of the neighbors in the area are against the construction of the walls.

Mr. Dever indicated that there are two different kinds of walls constructed. He said one is sound deflection and the other is sound absorption. He said Rocky River were sound deflection; bouncing the sound off and sending it the other way. He said that Lakewood was currently proposed for sound absorption.

Mr. Demro indicated he had no objection if the item was moved into the Public Works Committee.

Mr. FitzGerald stated that he would agree with that because Public Works was dealing with ODOT on a fairly regular basis and it would make sense to have ODOT have some type of consistency.

Councilmember Corrigan indicated that he found the aesthetics of the sound barrier walls in Rocky River unappealing. He indicted that they looked like milk chocolate concrete walls. He said that the City of Canton had highly sculpted concrete walls made out of red brick with Frescos and set with historical depictions of the importance of Canton, Ohio. He said that this is also the case going into Columbus. He said that Lakewood does not have the access to the Legislature as some of those communities due to their Republican background. He asked if there could be appeals to some members of the community with ties to the Governor’s Office to improve the aesthetics of the proposed walls. He said he would submit that if the City decided to get those walls that it is assured that the walls are attractive.

Mr. Demro indicated that Mr. Corrigan was correct in looking for people with ties and that this was the reason he originally wanted the issue in to be in his own committee. He said that when he talked with a woman from ODOT, that she was unsure as to whether Lakewood was even on the list. He said he understood the aesthetics issue but that people were looking for relief, much like people at Lakewood Center North. He said that people were also looking for an increase in their property values. He said he received 24 calls this week of people asking for a sound barrier. He said he would be interested in knowing who did not want a sound barrier.

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

Motion adopted. All members voting yea.
….

38. Communication from Mayor George regarding Childhood Lead Poisoning Prevention Week July 17-July 23, 2005. (Pg. 52)

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

Motion adopted. All members voting yea.
….

39. RESOLUTION NO. 8012-05 – A RESOLUTION proclaiming the week of July 17-July 23rd, 2005 as Childhood Lead Poisoning Prevention Week in the City of Lakewood. (Pg. 53)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Resolution No. 8012-05.

Motion adopted. All members voting yea.
….

40. Communication from Planning & Development Director Jordan regarding Amending Ordinance No. 29-05, Adopted May 16, 2005 to Correct a Typographical Error. (Pg. 54)

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

Motion adopted. All members voting yea.
….
41. ORDINANCE NO. 68-05 – AN EMERGENCY ORDINANCE to amend Section 1309.02, Building 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. 55)

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. 68-05 on final reading.

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

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 68-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan
Nays: None
Motion adopted. Ordinance No. 68-05 adopted.
….

42. Communication from Finance Director Nogalo regarding Amendments to Contracting Ordinances. (Pg. 57)

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

Motion adopted. All members voting yea.
….

43. ORDINANCE NO. 13-05A – AN EMERGENCY ORDINANCE amending Ordinance 13-05, adopted February 7, 2005 for the purpose of adjusting contracting authority and to grant additional contracting authority for 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 System Replacement Program in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg. 58)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 13-05A on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
….

44. ORDINANCE NO. 22-04A – AN EMERGENCY ORDINANCE amending Ordinance No. 22-04, adopted March 18, 2004 for the purpose of adjusting contracting authority and to grant additional contracting authority for 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. (Pg. 60)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 22-04A on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
….

45. Communication from Human Resources Director Novak regarding Membership for 2005. (Pg. 62)

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

Motion adopted. All members voting yea.
….

46. RESOLUTION NO. 7944-04B – AN EMERGENCY RESOLUTION amending Resolution No. 7944-04A, adopted May 16, 2005 for the purpose of authorizing the Director of Finance to pay the cost of an additional membership (Cleveland Southwest Safety Council) of municipal employees and/or Departments and Divisions in certain associations for the year 2005, and declaring such memberships to be in the public interest. (Pg. 63)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Resolution on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
….

47. Communication from Law Director Corrigan regarding Amended Ordinance 94-04 Vacation of Cohassett Place. (Pg. 67)

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

Motion adopted. Five members voting yea.
Mr. Dunn absent for vote.

Mr. FitzGerald asked Law Director Corrigan to confirm that the changes were of a typographical nature. Law Director Corrigan indicated that the original legislation addressed the parcels and that the present piece included the actual street.

….

48. ORDINANCE NO. 94-04A – AN EMERGENCY ORDINANCE amending Ordinance No. 94-04, adopted November 14, 2004 for the purpose of changing the legal description and to vacate Cohasssett Place in the City of Lakewood, Ohio as part of the Board of Education of the Lakewood City Schools school facilities project, the vacation of Cohassett Place is needed to facilitate the expansion and redevelopment of the current Garfield Elementary School site into a new 700-student middle school. (Pg. 68)

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. 94-04A on final reading.

Yeas: Corrigan, Demro, Dever, FitzGerald, Madigan
Nays: None
Mr. Dunn absent for vote
Rules suspended.

Motion by Mr. FitzGerald, seconded by Mr. Demro to adopt Ordinance No. 94-04A
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan,
Nays: None
Motion adopted. Ordinance No. 94-04A adopted.

….

49. Communication from Police Chief Malley regarding Resolution for D.A.R.E. Program Funding. (Pg. 74)

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

50. RESOLUTION NO. 8013-05 – 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 its continued efforts to educate young people of the City of Lakewood as to the hazards of alcohol and drugs. (Pg. 75)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Resolution No. 8013-05.
Motion adopted. All members voting yea.
….
Item 51 Add-On

Committee of Whole Verbal Report regarding Labor Negotiations.

Mr. FitzGerald submitted the following report:

The Committee of the Whole met this evening. Six of our members were there. Councilman Seelie has stated previously because of a medical condition was not present. The Committee of the Whole went into Executive Session as is appropriate and as is our custom and as we are advised to do by legal counsel when we are discussing personnel matters either individual personnel matters or personnel matters involving labor negotiation options. What I can tell you is that when we came out of Executive Session the Committee recommended unanimously that the full Council adopt the fact-finding conclusions of the Fact Finding panel between the Firefighters and the City; the process of their fact-finding arbitration process. Any summary comments you can make, Director Corrigan, just in general terms?

Law Director Corrigan indicated this was a fact finders report which both parties were able to agree on a lot of points. He indicated it came down to about five or six points that the fact finders reviewed. He indicated that as was told to Council in Committee, Council can approve, reject or do nothing. He said Council had seven days to respond. He said this Thursday would be the seven day time period Council would have to act.

Councilmember FitzGerald asked if procedurally Council had to make a motion to accept the findings of the Fact Finder because of no ordinance or document before Council.

Law Director Corrigan indicated it would be appropriate to concur and accept the findings of the Fact Finder.

Councilmember FitzGerald indicated that for the public record, there were different elements of the findings that Council was not precluded from talking about including salaries, etc.

Law Director Corrigan indicated this was correct that the wage increases were zero percent for 2005, three percent for 2005 and anywhere from three to five percent in 2006 depending on the financial condition of the City.

Motion by Mr. FitzGerald, seconded by Mr. Demro, to accept the Fact finders report regarding the arbitration process between the City of Lakewood and Lakewood Firefighters.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan
Nays: None
Motion adopted.
….

Meeting adjourned 10:15 PM
….

Approved:___________________________ ________________________
President
________________________
Clerk