Regular Meeting of the Lakewood City Council called to order at 7:34 P.M. by President Seelie.
….

Present: Councilmembers Patrick S. Corrigan, Ryan Patrick Demro, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan, Robert M. Seelie.
….
Also Present: Mayor George, Law Director Corrigan, Finance Director Nogalo, Police Chief Malley, Fire Chief Mroz, Public Works Director Beno, Assistant Safety Director of the Division of Building Fitzgerald, Planning & Development Director Jordan, Human Services Director Buckon, Human Resources Director Novak.

….

Reading and disposal of the Minutes of the Regular Meeting of Council held June 20, 2005.

Motion by Mr. Seelie, seconded by Mr. Demro, to defer the minutes.

Motion adopted. All members voting yea.
….
Without objection from Council, items 34 and 35 were read first in the docket agenda order.
****OLD BUSINESS****
1. Committee of the Whole report re: Clean Indoor Air Ordinance.(Pg. 7)
After numerous meetings, the Committee of the Whole met on July 12, 2005 and discussed the Indoor Air Pollution Ordinance. The Committee discussed placing additional prohibitions in the existing ordinance that would prohibit smoking in an eating establishment between the hours of 3:00 PM and 9:00 PM., prohibit smoking in parks and In-Home Day Care Facilities. We want to refer this matter was referred to the Law Department to draft amendments to the existing ordinances for passage.
Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the report.

Due to technical difficulties a planned video could not be shown. Mr. Dunn indicated the video contained interviews with bar owners similar to those in Lakewood. He said the bar owners in the video were also opposed to the ban at first in cities such as New York, Sand Diego, and El Paso and eventually found that the smoking ban did not hurt their business.
Mr. Dunn stated the recommendation from the Clean Indoor Air Commission was clear about public health in describing how harmful second hand smoke was. He said there were eleven states and over 1900 communities that confirmed there was no economic detriment when implementing a smoking ban. He said the Clean Indoor Air Commission split on some votes but was unanimous in stating that Lakewood should lead in having clean indoor air. Mr. Dunn said he could not support the compromise Mr. Corrigan offered. He referenced a study from Stanford and Berkley Universities indicating that after one cigarette is smoked in a room with windows open, it takes more than 2 ½ hours for the level of pollutants to fall to the EPA’s acceptable risk level. He stated that another study measured carbon monoxide which he stated was a bi-product of second hand smoke. He said the measurement was taken in a house and it was determined that its half life was 2.1 hours. Mr. Dunn stated that a designated time would therefore have no effect. He said it almost have an adverse effect because people would be of the mindset that it would be safe.

Mr. Dunn said there was talk about Constitutional scrutiny having to be rationally related to a legitimate government interest and that the recommendation brought forward by the Clean Indoor Air Commission was rationally related. Mr. Dunn said that no Clean Indoor Air laws have been overturned. He said that if the compromised language went forward, however, it would be overturned because it was not rationally related to promoting public health and that it would make the City liable. He said he understood there was an effort to make a gradual change to a smoke-free community but indicated Council should return to the original recommendation of making Lakewood smoke-free. He said a six month public education campaign should be implemented, followed by restaurants going smoke-free, about six months after that, bars going smoke-free. He said this allows an entire year of assimilation and was reasonable and practical.
Mr. Demro stated he wanted to propose a counter-amendment to that of Mr. Corrigan’s, calling for 100% smoke-free restaurants, exempting bars, and adding a provision for a clear definition of what a restaurant is. He said that he took issue with Mr. Corrigan’s proposal to eliminate establishments with liquor licenses stating it would then only apply the smoking ban to fast food restaurants a couple other Lakewood establishments. He said he would be willing to vote with the majority if restaurants were mandated to be smoke-free and a clear definition of restaurants was made. He said determinations could be made by type of liquor license type of food, sales or other factors. He said that if the goal was to be the protection of children than a comprehensive approach had to be made which had to include breakfast and lunch.
Mr. FitzGerald said that his understanding was that if Mr. Corrigan’s or Mr. Demro’s proposals went to the Law Department that the Law Department would draft something consistent with that and then it would be referred to a Committee where a Committee would deliberate on those. He said that he did not take Mr. Corrigan’s outlines as being final and stated that he thought it was as an opportunity to talk further on the issue. He said he did agree that exempting any establishment with a liquor license was going too far but that he thought Council would have an opportunity to review and provide input to those areas.
Council President Seelie agreed with Mr. FitzGerald that this was the intended process.

Members of the audience spoke opposing a smoking ban indicating there have been negative economic ramifications of smoking bans in other areas. Recognition was given to the concept of a statewide or national ban but issue was taken with having Lakewood being one of the first to have a smoking ban. The argument of business owners having autonomy to determine who would patronize their particular business was discussed.
A resident spoke in support of the smoking ban citing health and economic studies, commenting on the addictive quality of nicotine. Another person spoke stating that there was no conclusive evidence that secondhand smoke was dangerous to the health.
Mr. Dunn responded that there was concurrence from the Center for Disease Control, the U.S. Surgeon General, the American Lung Association, the United States EPA, the American Cancer Society, the American Heart Association, the National Cancer Institute, the National Institute of Health, the World Health Organization, the U.S. Department of Health & Human Services, and the American Medical Association that second hand smoke was detrimental to health. Mr. Dunn stated that these organizations have influenced 11 states in the U.S., numerous countries beyond the United States, and over 1900 communities.

Mr. Seelie called the motion to receive, file and refer to the Law Department.
Motion adopted. All members voting yea.
….
2. Committee of the Whole report re: Ordinances 73-05, 74-05, 75-05, 76-05, and 77-05. (Pg. 8)

The Committee of the Whole met numerous times to discuss the proposed changes to the Charter as recommended by the Charter Review Commission. As many of you know, the Charter Review Commission is made up of citizens in and throughout the City of Lakewood. The Committee of the Whole unanimously recommended the adoption of these three ordinances this evening so we can place them on the ballot.
The first is Ordinance No. 73-05 – Changes to Unclassified Service
The Charter Review Commission considered the current definition of the unclassified service and recommended changes reflected on Ordinance No. 73-05. The changes would establish clerical and/or administrative positions outside of civil service for both Council and the Mayor, would ensure that the positions of attorneys employed in the Law Department and that of the City Engineer are not within civil service; and to comport with state law which prevents employees of the Lakewood Municipal Court from being part of the classified service.
Ordinance No. 74-05 Salaries
The Charter Review Commission recommended that the salaries of the Mayor and Council may be related to the biennial report of the Civil Service Commission. Council could accept, reject or modify the salaries downward from the Report. There is also a provision that in the alternating years, the mayor’s salary would increase by the same percentage as any cost of living adjustment made in the preceding year for recipients of Social Security benefits. The Commission sought to recognize that salaries should be commensurate with the increased responsibilities and demands of public service.

Ordinance No. 75-05 Changes to Voter Approval of Ordinances.
The Charter Review Commission recommended amendments to the types of ordinances or resolutions that require voter approval. These changes were proposed to give the City added flexibility in financial planning for the infrastructure needs of the future, and to give effect to the changes in the salary mechanisms.

Law Director Corrigan indicated the ordinances will be submitted to the Board of Elections who will then submit them to the Secretary of State. He stated the Secretary of State will work out the ballot language.

Mr. Seelie indicated that the Committee unanimously recommended placing the following three ordinances on the ballot this November.

Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the report.
Motion adopted. All members voting yea.
….
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. (PLACED ON 1ST READ & REFERRED TO THE COMMITTEE OF THE WHOLE 7/5/05) (Pg. 9)
Motion by Mr. Seelie, seconded by Mr. Dever, to suspend the rules requiring this Ordinance be read on three separate occasions and placing Ordinance No. 73-05 on final reading in order to send the item to the Board of Elections.

Mr. Dunn stated there was no reason to suspend the rules, that having all three readings would still allow Council to be within the time-frame. He asked the reason for suspension.

Mr. Seelie responded that this would provide an entire summer to answer questions on the amendments.

Mr. Dunn stated that the election was not until November and that there should be a clear reason to suspend the rules and that he would vote against suspending the rules.

Mr. Demro stated he would like additional time to review the ordinance addressing voter approval of ordinances specifically regarding water rates. He said that suspending the rules would not provide sufficient time for that to be done. He said the suspension would also be used for ammunition for people to place doubt on Council’s intentions saying Council quickly passed the legislative without the full three readings. He said he would vote against suspending the rules.
Yeas: Corrigan, Dever, FitzGerald, Madigan, Seelie
Nays: Demro, Dunn.
Motion adopted. Rules suspended.
Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 73-05.
Yeas: Corrigan, Dever, FitzGerald, Madigan, Seelie
Nays: Demro, Dunn
Motion adopted. Ordinances No. 73-05.
….
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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 7/5/05)(Pg. 11)
Motion by Mr. Seelie, seconded by Mr. Dever, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 74-05 on final reading.
Mr. Dunn said he wanted to restate his objection indicating that there had to be a rationale as to why the rules were being suspended.

Mr. FitzGerald responded that on occasion when an ordinance or proposed ballot language is sent to the Board of Elections it goes through a review process and the legislation could bee sent back and the City would have to adjust it. He said because of this it would make sense to have the legislation sent to the Board as soon as possible should they find a substantive or incidental mistake. He said it would allow Council more time to react to it. He said this was why he was voting to suspend the rules.
The Law Director was asked about the time frame and Law Director Corrigan responded that it was 60 days prior to the election. He said the deadline according to the Board of Elections would be September 9, 2005. He said that the next Regularly Scheduled City Council Meeting was September 6, 2005.

Mr. Seelie indicated that there was also a requirement to advertise the Charter Amendments in a newspaper at least two times. He said that because in the Fall there are several other ballot issues that people would pay more attention to the issue if Council was able to publish the items over the summer.

Mr. Dunn responded that the Board would still have adequate time to review the ordinances should they be submitted after three readings at the September 6, 2005 Council Meeting. He said if there was an incidental mistake it could be addressed by the Law Department in a timely manner and that he did not view that as reason to suspend the rules.

Mr. Demro indicated that he would again ask for more time, that he anticipated there would be a third reading. He said that it would cast a cloud on something Council agreed it needed to be unified on. He said an emergency meeting could be called if necessary and that he opposed suspension of the rules.
Yeas: Corrigan, Dever, FitzGerald, Madigan, Seelie
Nays: Demro, Dunn.
Motion adopted. Rules suspended.
Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 74-05.
Yeas: Corrigan, Dever, FitzGerald, Madigan, Seelie
Nays: Demro, Dunn
Motion adopted. Ordinance No. 74-05.
….
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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 7/5/05((Pg. 14)

Motion by Mr. Seelie, seconded by Mr. Dever, to suspend the rules requiring this Ordinance be read on three separate occasions and placing Ordinance No. 75-05 on final reading.

Yeas: Corrigan, Dever, FitzGerald, Madigan, Seelie
Nays: Demro, Dunn.
Motion adopted. Rules suspended.
Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Ordinance No. 75-05.
Yeas: Corrigan, Dever, FitzGerald, Madigan, Seelie
Nays: Demro, Dunn
Motion adopted. Ordinance No. 75-05.
….
6. Report from Finance Committee regarding proposed ordinances 54-05 55-05, 56-05,61-05, 7-05A, 14-05A, 15-05A, 99-04B, 13-05A, 22-04A and Resolution 7944-04B. (to be provided)
Written report provided at the table.
Motion by Mr. FitzGerald, seconded by Mr. Dever, to receive and file the report.
Motion adopted. All members voting yea.
….
7. 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. 22)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to adopt Ordinance No. 54-05.

Motion adopted. All members voting yea.
….

8. 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.23)

Mr. FitzGerald indicated that the Committee heard from Tony Thomas from Welcome House who provided details of his service which provides service to mentally and physically challenged adults.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 55-05.
Motion adopted. All members voting yea.
….

9. 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. 24)

Mr. FitzGerald indicated the Finance Committee also heard from Curt Brosky; present that evening and Barbara Stepanek; administrator of the Westerly.

Planning and Development Director Jordan indicated an amendment needed to be made regarding the wording to the fifth Whereas clause. He indicated “completely” in that section was the goal but learned from the architects that some of the doors may not be completely handicap accessible.

Mr. Seelie indicated that if there is an architectural reason or financial hardship, which he stated happens often, ADA rules and regulations are curtailed.

Mr. FitzGerald asked if the money was still being used to increase accessibility. Mr. Jordan indicated it was.

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to delete the word “completely” in the fifth Whereas clause in Ordinance No. 56-05.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie.
Nays: none
Motion adopted. Ordinance No. 56-05 amended.

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 56-05 as amended.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie.
Nays: none
Motion adopted. Ordinance No. 56-05 adopted as amended.
….
10. ORDINANCE NO. 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, 2nd READING 7/5/05) (Pg. 26)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to adopt Ordinance No. 61-05 as substituted.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 61-05 adopted as substituted.
….

11. 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, 2nd READING 7/5/05) (Pg. 28)
Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No.7-05A as substituted.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 7-05A adopted substituted.

….
12. 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, 2nd READING 7/5/05) (Pg. 30)

Mr. FitzGerald wanted it noted that Ordinance 14-05A and the next few ordinances related to contracting authority only. He indicated there was a multi-step process for appropriating, that contracting authority must be granted for different items.

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 14-05A.

Motion adopted. All members voting yea.
….

13. ORDINANCE NO. 15-05A- AN EMERGENCY ORDINANCE amending Ordinance No. 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, 2nd READING 7-5-05) (Pg. 32)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to adopt Ordinance No. 15-05A as substituted.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 15-05A adopted as substituted.

….

14. 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. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 99-04B PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 6/20/05, 2nd READING 7/5/05) (Pg. 34)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 99-04B as substituted.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 99-04B adopted substituted.
….

15. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 7/5/05) (Pg. 39)

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. 13-05A on final reading.

Mr. FitzGerald said it was important the reason for suspending the rules was stated and indicated it was to ensure there were no delays in construction or the bidding process.

Mr. Dever added that the projects have already been underway and that work would be ongoing through the month of August and Council would not meet again until September.

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

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 13-05A .

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 13-05A adopted.
….

16. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 7/5/05) ( (Pg. 41)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to suspend the Rules requiring this Ordinance be read on three separate occasions and placing Ordinance No. 22-04A on final reading for similar reasons stated in previous ordinance.

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. 22-04A.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 22-04 adopted.
….

17. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 7/5/05) (Pg. 43)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to suspend the Rules requiring this Resolution be read on three separate days and placing Resolution No. 7944-04B 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 Resolution No. 7944-04B.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 7944-04B adopted.
….

18. ORDINANCE NO. 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, 2nd READING 7/5/05) (Pg. 47)

Planning & Development Director Jordan indicated that the item refers to the last four houses on Hazelwood Avenue.

Mr. Corrigan asked if it was correct that the item had been referred to the Committee of the Whole and had not been reported on.

Mr. Jordan indicated that he believed that to be a typographical and that the item was not referred to the Committee of the Whole.
Mr. Seelie indicated that three readings were required on the item, that this was part of the vacations with the other properties. He indicated this had to go to the Planning Commission, that Council passed all the other ordinances.

Planning and Development Director Jordan indicated a second ordinance was on announcing the intention with a public hearing.

Mr. Seelie indicated that they needed additional room.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to substitute Ordinance No. 62-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 62-05 substituted.

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Ordinance No. 62-05 as substituted.

Mayor George indicated the item went before the Board of Revision of Assessments consisting of the Mayor, Director of Law, Director of Finance, Director of Public Works and the President of City Council. He indicated the recommendation for approval was made.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 62-05 adopted as substituted.
….

19. ORDINANCE NO. 74-05 63-05 - AN ORDNIANCE 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, 2nd READING 7/5/05) (Pg. 49)

Motion by Mr. Seelie, seconded by Mr. Demro to adopt Ordinance No. 63-05.

Motion adopted. All members voting yea.
….
20. ORDINANCE NO. 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, 2nd READING 7/5/05) (Pg. 52)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 64-05.
Motion adopted. All members voting yea.
….

21. ORDINANCE NO. 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, 2nd READING 7/5/05) (Pg. 53)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 65-05.
Motion adopted. Five members voting yea.
Mr. Corrigan and Mr. Dunn absent for vote.
….

22. ORDINANCE NO. 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 6/20/052nd READING 7/5/05) (Pg. 55)

Motion by Mr. Seelie, seconded by Ms. Madigan to adopt Ordinance No. 66-05.
Motion adopted. Five members voting yea.
Mr. Corrigan and Mr. Dunn absent for vote.

***NEW BUSINESS***

23. Communication from Council members FitzGerald and Madigan regarding “WIFI Zone” in Lakewood. (Pg. 61)

Mr. FitzGerald commented that he and Councilmember Madigan talked about the WIFI issue early in the year and anticipated there would be open discussion with the technology community in Lakewood.

Ms. Madigan indicated that the issue was brought up in Finance Committee meetings and during Budget Hearings with issues such as whether the effort be a particular zone or having the entire City wireless, the process, and the costs.

Mr. Demro indicated he supported the initiative indicating WIFI technology was a different type of infrastructure for the new age where people can work from wherever they are.

Mr. Dunn indicated the initiative was consistent with that referenced in Richard Florida’s book, Rise of the Creative Class. He said the book relates that cities that were going to move forward and make their mark in the century will focus on telecommunications technology, a tolerant culture that promotes diversity and talented people. He said he will, however, have to recuse himself from the vote because he works at SBC Communications;

Mr. FitzGerald said he wanted to remind Councilmembers that during a Finance Committee meeting Mr. Fisher from Thin Solutions offered to work on a technology task force to explore issues such as WIFI. He said he was happy to hear recently that Mr. Fisher had followed up with Finance Director Nogalo on the issue.

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

Motion adopted. Six members voting yea.
Abstention. Mr. Dunn.
….

24. Communication from Councilman FitzGerald regarding historic landmark designation. (Pg. 62

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

Mr. FitzGerald indicated cities had a wide range of ways to adopt this type of legislation. He said one extreme called for a voluntary designation and the other was compulsory with other restrictions. He indicated there had been ongoing discussion on this issue throughout the years. He said that although recent examples may have prompted re-examination of the issue, it was necessary to resist passing an ordinance that was directed at a certain circumstance.

About four residents spoke in favor of the preservation of residential historical landmarks. A demolition permit for residential properties was proposed.

Mr. Dunn said he wanted to make sure proposed legislation strikes a balance between preserving what is sacred in the community while ensuring outside investment is not deterred.

Rick Sicha from the Heritage Advisory Board indicated that the residential property preservation issue was an issue that required further discussion and that he looked forward to working in cooperation with the City on it.

Mr. Demro indicated that as chairman of the Housing Committee, he would try to develop a comprehensive framework to address the issue.

Motion adopted. All members voting yea.
….

25. Communication from Councilman FitzGerald regarding amending demolition ordinance. (Pg. 63)

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

Mr. Dunn indicated that there was a reason residential property was not written into the original ordinance on demolition. He said there was a specific business in a commercial districts that was allowed to purchase a residential parcel abutting the commercial district and after purchase, demolished the property. He said this was to prevent the creep of commercial districts going into residential neighborhoods. He said the ordinances does not prohibit demolition but requires a 180 waiting period to allow the City to come up with a remedy to meet the business need. He said at the time the commercial demolition ordinance was being drafted there was an inability to find a rationale basis on how the law could be applied to residential demolition and withstand a court challenge. He said presently there is a requirement to attain a demolition permit but it does allow for demolition.

Mr. FitzGerald indicated that the rational basis for including residential property in demolition regulations were public safety issues because of the short time-frame a residential demolition can be achieved. He said as an example a house could have asbestos in it and residents presently would not have a lot of time to react to a demolition process. He said the waiting period component would afford an opportunity to seek alternative solutions. He said this applied to commercial property and would be another important factor to consider for residential property.

Mr. Dunn indicated he would vote for the issue to be further explored in the Housing Committee. He said he wanted care to be given to the issue because he said tough situations sometimes make for bad laws and that there were distinct differences in applying regulations to residential property versus commercial property.

Motion adopted. All members voting yea
…..

26. ORDINANCE NO.100-78-05 AN ORDINANCE to amend the current demolition ordinance to include residential property. (Pg. 64)

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Ordinance No. 78-05 on 1st Reading and refer it to the Housing Committee and Planning Commission.

Councilmember FitzGerald indicated the ordinances before Council was not the existing ordinance. He said the ordinance on the docket was amended to reflect residential properties as a draft for review. He said that he worked with Assistant Law Director Corrigan to make sure there were not be unintended consequences like the inability to demolish a garden shed or a similar structure. He said that the language was amended to read main or residential structures. He said this and other fine tuning would have to take place in Committee.

Motion adopted. Six members voting yea.
Mr. Demro absent for vote.
….

27. Committee of the Whole Verbal Report regarding appointments to Lakewood Infrastructure Committee.

Mr. Seelie submitted the following report:

The Committee of the Whole met earlier this evening to appoint members to the Infrastructure Committee and after several ballot tries we came up with those individuals that will be serving one year. It’s a citizens participation portion of a requirement for our infrastructure repairs, our long-term. Those long-term repairs will be in excess of $50 million. This is a one year term, all these individuals have experience of one way or another with infrastructure whether they’re retired or they’re work in that field right now; engineers and the like. We have the names for this and voted to approve them this evening.

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

Mr. Dever indicated there was a reason for expediency on the issue in that the consultants overseeing the Long-term Control Plan; Metcalf and Eddy wanted a public meeting some time in August and to have the public participation component in place for that to happen. He said he asked the Chairman of the Committee of the Whole to put the issue in the Committee of the Whole and move it forward quickly. He said there was an advertisement placed in the Sun Post last week to seek additional names for the Committee.

Mr. Dunn asked for clarification as to the advisory nature of the Committee, indicating the Administration and Engineer would be making the technical decisions and signing the contracts. Mr. Dever responded this was the case and that the recommendations would also be coming back to Council. He said that Council would have the Administration’s recommendation and the citizen’s group, because Council would have to fund the project in the near future.

Motion adopted. Six members voting yea.
Mr. Demro absent for vote.
….

28. RESOLUTION NO. 8014-05 A RESOLUTION to name seven members to the Community Infrastructure Committee. (Pg. 67)

Motion by Mr. Seelie, seconded by Mr. Demro to insert the following names:
Pamela L. Davis, David Hughes, Michael DaDante, Lou McMahon, Mark McNamara, Laura Sacha, and Dennis Zentarski.

Motion adopted. All members voting yea.

Motion by Mr. Seelie, seconded by Mr. Demro to adopt Resolution No. 8014-05 as amended with substituted names.

Mayor George indicated his appointments would be named soon.

Motion adopted. All members voting yea.
….

29. Communication from Mayor George regarding report from Grow Lakewood Committee. (Pg. 68)

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

Motion adopted. Six members voting yea.
Mr. FitzGerald absent for vote.
….

30. Communication from Director Nogalo re: 2005 Salary Ordinance. (Pg.69)

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

Motion adopted. All members voting yea.
….

31. ORDINANCE NO. 101-55-05A AN EMERGENCY ORDINANCE creating positions and rates of pay for full-time and certain part-time annual salaried employees and hourly rate employees not covered by a collective bargaining agreement in the several departments, divisions and offices of the City of Lakewood, effective April 1, 2005, and for the Chief of Fire, Chief of Police and Civil Service Commissioners, effective January 1, 2005.(Pg. 70)

Motion by Mr. Seelie, seconded by Mr. Dever, to substitute Ordinance No. 101-05 with Ordinance No. 55-04A brought for that evening.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 55-05A substituted.

Motion by Mr. Seelie, seconded by Mr. Dever, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 55-04A as substituted on final reading.

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

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 55-04A as amended.

Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald. Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 55-04A adopted as amended.
….

32. Communication from Director Jordan regarding Support for the Main Street Effort. (Pg. 74)

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

33. RESOLUTION NO. 8015-05 A RESOLUTION recognizing the importance of downtown as it relates to the economic health and quality of life of the City of Lakewood. (Pg. 75)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 8015-05.
Motion adopted. All members voting yea.
….
34. Communication from Mayor George regarding recognition of the Grand Marshal of the July 4th Parade and the announcement of the Parade Award Winners. (Pg. 76)

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

Motion adopted. All members voting yea.
….

35. RESOLUTION NO. 8016-05 A RESOLUTION to thank members of the Lakewood Catholic Academy for participating in the Lakewood 4th of July Parade as the Grand Marshals. (Pg. 77)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 8016-05.
Motion adopted. All members voting yea.
….

36. Communication from Mayor George regarding Urban area Security Initiative. (Pg. 78)

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

37. RESOLTION NO. 8017-05 A RESOLUTION authorizing the Mayor, or his designee, to enter into an agreement with the Board of Cuyahoga County Commissioners to accept and expend funds for the Urban Area Security Initiative in an amount not to exceed Forty Three Thousand One Hundred Thirty Two Dollars ($43,132.00) (Pg. 79)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 8017-05.

Mr. Dever asked if there was any historical significance to the store; Tyson’s Foods owning Donato’s.

Planning & Development Director Jordan indicated the exterior was planned to be expanded and the renovations will abide by historical standards.

Motion adopted. All members voting yea.
….

38. Liquor License Permit for Tyson Food Group LTD LLC DBA Donatos. (Pg. 80)

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

Motion adopted. All members voting yea.
….
Motion by Mr. Corrigan, seconded by Mr. Dunn, to adjourn the meeting.
Motion adopted. All members voting yea.

Meeting adjourned 10:15 PM
….

Approved:___________________________ ________________________
President
________________________
Clerk