Regular Meeting of the Lakewood City Council called to order at 7:40 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.
….

Motion by Mr. Seelie, seconded by Mr. Corrigan to appoint Mary Coleman acting Clerk of Council.
Motion adopted. All members voting yea.
….

Reading and disposal of the Minutes of the Regular Meeting of Council held June 20, 2005, July 5, 205 and July 18, 2005.

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

Motion adopted. All members voting yea.
….
Without Objection from Council, Items 13 and 14 are read first in the agenda order.

****OLD BUSINESS****
1. ORDINANCE NO. 78-05 – an emergency ordinance TO AMEND Section 1133.08 of the zoning Code of the Codified Ordinances of the City of Lakewood to include demolition of principal structures in Residential Districts in the established requirements already applicable in other districts. (PLACED ON 1ST READING & REFERRED TO THE HOUSING COMMITTEE AND THE PLANNING COMMISSION 7/18/05). (Pg. 6)
Motion by Mr. Demro, seconded by Mr. Seelie, to place Ordinance No. 78-05 on second reading and refer back to the Housing Committee
Motion adopted. All members voting yea.
****NEW BUSINESS****
2. Communication from Councilmember Seelie regarding Charter Amendments. (Pg. 9)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. Six members voting yea.
Mr. Demro voting nay.
….
3. RESOLUTION NO. 8018-05 - A RESOLUTION that the Council of the City of Lakewood will endorse, support and to pledge to work for the passage of the amendments to the Second Amended Charter of the city of Lakewood which would permit City Council to adopt ordinances and resolutions pertaining to basic water rates and service charges, and to pass ordinances and resolution allowing salary adjustments for the Mayor or any member of City Council (Pg. 10).

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 8018-05.
Motion adopted. All members voting yea.
….
4. RESOLUTION NO. 8019-05 – A RESOLUTION that the council of the City of Lakewood will endorse, support and to pledge to work for the passage of the amendments to the Second Amended Charter of the city of Lakewood which would require City Council to adopt, reject or modify downward the salary recommendations of the Civil Service Commissions for the salaries of the Mayor or members of Council; (Pg. 11)

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 801905.
Motion adopted. All members voting yea.
….
5. Communication from Council President Seelie regarding Ballot Issue Property Tax Shift. (Pg. 12)

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

6. RESOLUTION NO. 8020-05 – A RESOLUTION that the Council of the City of Lakewood will endorse, support and to pledge to work for the passage of the issue which seeks the expansion of the use of two mills currently utilized only for the sewage disposal plant to include financing the capital needs of street infrastructure, municipal buildings, and parks and recreation facilities. (Pg. 13)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 8020-05.
Motion adopted. All members voting yea.
….
7. Communication from Councilmember FitzGerald regarding Nuisance. (Pg. 14)

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

Law Director Corrigan commented on a recent tour of Lakewood Center North in response to complaints of noise from the building’s heating/cooling equipment. Law Director Corrigan indicated that multiple sound readings were taken both from the City and from Lakewood Center North Consultants in March showing no noise violation. Law Director Corrigan indicated that the Administration still recognizes there is a noise issue at the Building and is continuing to seek a remedy for the situation.

Council President Seelie asked what the nest step would be if the decibel levels did not technically exceed the legal limit but that reasonable people continued to find noise annoying.

There was discussion on the “reasonable person” standard to define a noise annoyance and the impact of low decibel levels during different times of a night.

It was indicated that a few readings did exceed the decibel level previously. It was indicated that if there were readings over the decibel level that the City would file a citation.
Approximately ten residents in the are of Lakewood Center North testified as to the noise nuisance emanating from the building.

Councilmember FitzGerald indicated an administrative point person had to be assigned to the issue, communication must increase, a timetable must be provided to the citizens, and a formal mediation plan had to be made.

Mayor George indicated that time and money have been dedicated to the problem and that it was a very serious issue that presented complicated responses. He indicated that approximately 95 times noise readings were taken and that the noise was found to be in compliance. He said that collecting information was time consuming. He said mediation steps have been taken and that some noise had been abated but that the Administration was dedicated to pursuing remedies for the noise.

Councilmember Dunn asked if the current noise ordinance could be amended to address duration since the decibel level seems to be within the law. Law Director Corrigan indicated this option could be explored.

Council President Seelie recommended that the noise nuisance communications go to the Housing Committee for report and that a Committee meeting be set up prior to Council; and if litigation is part of the formula then Council would go into Executive Session.

Councilmember Corrigan indicated that the ordinance should be revisited as opposed to addressing the issue through litigation.

Councilmember Madigan asked that the property manager be invited to any meeting on the subject to make sure there was an awareness of the extent of the problem.

Councilmember FitzGerald indicated that the property managers could be officially asked to come to mediation and Mr. Seelie asked that that be officially proposed.

Motion adopted. All members voting yea.
….
8. Communication from Councilmember Demro regarding Lakewood Center North Noise Violations. (Pg. 15)

Mr. Demro added that Chapter 515 indicates what level of noise and that another part indicates that any particular building or person creating a noise that violates the standards of a reasonable person it constitutes a violation. He said the Administration has to take action. He said there were violations that have been documented. He said the law was not being applied properly.

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

Motion adopted. All members voting yea.
….

9. Communication from Councilmember Demro regarding Vacant or Abandoned Properties.(Pg. 16)

Motion by Mr. Demro, seconded by Ms. Madigan, to receive, file and refer to the Housing Committee.

Motion adopted. All members voting yea.
….

10. ORDINANCE NO. 79-05 – AN ORDINANCE adding a new Chapter 1314, entitled Vacant Buildings to the Codified Ordinances of the City of Lakewood and declaring an emergency. (Pg. 18)

Motion by Mr. Demro, seconded by Mr. Seelie, to receive, file and refer to the Housing Committee.
Motion adopted. All members voting yea.
….
11. Communication from Councilmember Demro regarding Abandoned Shopping Carts. (Pg. 23)

Motion by Mr. Demro, seconded by Mr. Seelie, to receive, file and refer the communication to the Housing Committee.
Motion adopted. All members voting yea.
….

12. ORDINANCE NO. 80-05 – AN ORDINANCE amending Chapter 521 of the General Offenses Code of the Codified Ordinances of the City of Lakewood relating to the regulation of shopping cart litter within the City. (Pg. 24)

Motion by Mr. Demro, seconded by Mr. Seelie, to receive, file and refer Ordinance No. 80-05 to the Housing Committee.

Motion adopted. All members voting yea.
….
13. Communication from Mayor George and Committee for a Greener Lakewood Chair Lynch regarding 2005 City of Lakewood “Go Green Awards”. (Pg. 27)

Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the communication.
(Resolution was then read)
….
14. RESOLUTION NO. 8021-05 – A RESOLUTION recognizing and acknowledging the 2005 go Green Award winners within the City of Lakewood. (Pg. 28)
Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 8021-05.
Motion adopted. All members voting yea.
….
15. Communication from Public Works Director Beno regarding Fischer Road – Brick Surface Repair. (Pg. 29)

Motion by Mr. Seelie, seconded by Mr. Demro, to receive, file and refer the communication to the Finance Committee.
Councilmember Dunn asked Public Works Director Beno if the request from the Administration was to suspend the rules at the next Council meeting and suspend the ordinance on its second reading. Mr. Beno responded that this was the intention.

Motion adopted. All members voting yea.
….
16. ORDINANCE NO. 81-05 – AN EMERGENCY ORDINANCE declaring the repair of the brick surface of Fisher Road from West 159th Street to Rocky River Drive in the Cities of Lakewood and Cleveland to be in the public interest, granting consent to the City of Cleveland to construct the above described improvement, in accordance with plans, specifications and estimates as approved by the Director of Public Works for the City of Lakewood, and authorizing the Mayor of the City of Lakewood to enter into agreements with the City of Cleveland necessary to complete the planning and construction of this improvement in an amount not to exceed $55,000. (Pg. 30)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 81-05 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
….
17. Communication from Public Works Director Beno regarding Structural steel repairs for Lake Road Bridge No. 204 over the Rocky River in the Cities of Rocky River and Lakewood. (Pg. 32)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to receive, file and refer the communication to the Public Works Committee.
Motion adopted. All members voting yea.
….
18. ORDINANCE NO. 82-05 - AN EMERGENCY ORDINANCE to authorize the Mayor to make application to the Cuyahoga county Board of Commissioners for approval to use county Motor Vehicle License Tax bunds for the structural street repairs for Lakewood Road Bridge No. 204 over the Rocky River in the Cities Rocky River and Lakewood and to enter into an agreement with Cuyahoga county necessary to complete the planning and construction of this improvement. (Pg. 33)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 82-05 on 1st Reading and refer it to the Public Works Committee.

Mr. FitzGerald asked about the status of Vista Bridge. Public Works Director responded that the bridge needs to be demolished.

Motion adopted. All members voting yea.
….

19. Communication from Planning & Development Director Jordan regarding CDBG Funding for Financial Support of the Main Street Effort. (Pg. 37)

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

Councilmember Corrigan indicated that last year he proposed the development of an independent commission that would have participation from different constituencies from the City. He indicated that after that proposal the Administration apprised him of the Main Street Initiative . He said he found that to be an exciting initiative and adequately filled the gap he was attempting to fill with his proposal. He encouraged people to look at the website for Main Street to see exciting initiatives for Lakewood.

Motion adopted. All members voting yea.
….

20. ORDINANCE NO. 83-05 – AN ORDINANCE authorizing the Mayor or his designee to enter into agreement(s) with Lakewood Community Progress Incorporated for the Main Street Initiative in an amount of Sixty Thousand Dollars ($60,000.00) to be provided in two annual amounts of Thirty Thousand Dollars ($30,000). (Pg. 38)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 83-05 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
….
21. Communication from Planning & Development Director Jordan regarding CDBG Funding for the Lakewood Park Lakefront Access Road. (Pg. 39)

Motion by Mr. Seelie, seconded by Mr. Dever, to receive, file and refer the communication to the Public Works Committee.
Mayor George indicated that cost savings from the Sloane Avenue Project and the ability to apply sewer fund money to some of the costs allowed the City to preserve some CDBG money for the Lakewood Park Lakefront Access Road.
Motion adopted. All members voting yea.
….
22. ORDINANCE NO. 84-05 – AN EMERNGEYC ORDINANCE authorizing the expenditure of Community Development Block Grant funds (CDBG) in the amount of Three Hundred Thirty Four Thousand Three Hundred Twenty dollars ($334,320) to undertake improvements to the Lakewood Park lakefront access road that will bring the road into compliance with the Americans with Disability Act (ADA) requirements. (Pg. 40)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 84-05 on 1st Reading and refer it to the Public Works Committee.
Motion adopted. All members voting yea.
….
23. Communication from Planning & Development Director Jordan regarding CDBG Funding for the Kathleen and Robert Lawther Center. (Pg. 41)
Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to receive, file and refer the communication to the Finance Committee.

Motion adopted. All members voting yea.
….
24. ORDINANCE NO. 85-05 – AN EMERGENCY ORDINANCE authorizing the expenditure of Community Development Block Grant funds (CDBG) in the amount of One Hundred Twenty Five Thousand dollars ($125,000.00) to undertake several physical improvements at the Kathleen and Robert Lawther Center (formerly “Senior Center West”). (Pg. 42)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 85-05 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
….
25. Communication from Law Director Corrigan regarding Erosion Control Measures at 17804 Lake Avenue, Lakewood, Ohio. (Pg. 43)

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.
.…
26. RESOLUTION NO. 8022-05 – AN EMERGENCY RESOLUTION approving the use of submerged lands for property located at and abutting 17804 Lake Avenue in the City of Lakewood, Ohio (a legal description of which is attached hereto as “Exhibit A”) so that the owner can undertake lakeshore protection measures. (Pg. 44)

Motion by Mr. Seelie, seconded by Mr. Dever, to receive, file and refer Resolution No. 8022-05 to the Public Works Committee.
Motion adopted. All members voting yea.
….
27. Communication from Finance Director Nogalo regarding 2006 Tax Budget. (Pg. 46)

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.
….

28. RESOLUTION NO. 8023-05 – AN EMERGENCY RESOLUTION approving the Tax Budget of the City of Lakewood, State of Ohio for the year 2006, and authorizing the filing of same with the Auditor of Cuyahoga County. (Pg. 47)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Resolution No. 8023-05 on 1st Reading and refer it to the Finance Committee.

Mayor George indicated that since December 31, 2003, permanent personnel have been reduced by 23 people. He said that this has resulted in a savings of approximately one million, one hundred fifty thousand dollars; ($1,150,000). He said that the Administration was confident that by 2006 the payroll item will be reduced by $2 million.

Motion adopted. All members voting yea.
….
29. Communication from finance Director Nogalo regarding Amendments to Contracting Ordinances. (Pg. 48)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to receive and file the communication.
Motion adopted. All members voting yea.
Mr. Seelie indicated the items were previously approved in Council’s July meeting, that there was a contracting ordinance provided for software. He said that the software was critical to the municipal tax collection.

Councilmember FitzGerald indicated that this was passing the corollary to the appropriations that was already passed. He said it was not making a new decision. He said the normal bidding process was followed, and that it did qualify as an emergency to allow as much time to start collecting as soon as possible.
Councilmember Madigan asked if the City was on target to set up the new tax department.
Finance Director Nogalo indicated that the City was on target. He said with the purchase of the software, the creation of positions, and designed the new location using present building across from City Hall.
Motion adopted. All members voting yea.
….
30. ORDINANCE NO. 12-05A – AN EMERGENCY ORDINANCE amending Ordinance No. 12-05, adopted March 21, 2005 for the purpose of authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, and the Director of Finance to advertise for bids and enter into a contract with the lowest and best bidder in accordance with the Administrative Code of the City of Lakewood, for the purchase of the listed vehicles and equipment, contracts not to exceed the specified amounts shown without separate Resolution of Council. (Pg. 49)

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. 12-05A 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 this Ordinance be read on three separate days and placing Ordinance No. 12-05A on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie.
Nays: None

Motion adopted. Ordinance No. 12-05A adopted. .

31. ORDINANCE NO. 99-04C – AN EMERGENCY ORDINANCE amending Ordinance No. 99-04B, adopted July 18, 2005 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. (Pg. 52)

Motion by Mr. FitzGerald, seconded by Mr. Demro, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 99-04C 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 suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 99-04C on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie.
Nays: None
Motion adopted. Ordinance No. 99-04C adopted. .
….

32. Liquor Permit application for D2, D2X, D3, D3A, and D6 transfers to 1995 DBC Inc., d/b/a Rachels Place; 12208 Madison Avenue, Lakewood, Ohio from AA Priv Inc., same address. (Pg. 56)
Councilmember Corrigan indicated that per the Law Department there was no statutory reason for objection.
Motion by Mr. Corrigan, seconded by Mr. Seelie, to file no objection to this liquor permit application.
Motion adopted. All members voting yea.
….
33. Liquor Permit application for D5 and D6 transfers to 14810 Dining Group, d/b/a Crazy Ritas 14810-18 Detroit Avenue, Lakewood, from 14810 Restaurant Inc. Stanley E. Stein Receiver d/b/a Pickle Bills, same address. (Pg. 57)

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

ADD-ONS
Item 34. Communication from Mayor George regarding additional Appropriation in response to the Katrina Gulf Coast Crisis.

Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the communication.
Motion adopted. All members voting yea.
….
Item 35. RESOUTION NO. 8024-05 – AN EMERGENCY RESOLUTION of to approve the use of $50,000 of HOME Program Funds to assist in providing housing for victims of Hurricane Katrina.

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 8024-05.
Motion adopted. All members voting yea.
….
Item 36. ORDINANCE NO. 86-05 – AN EMERGENCY 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 to assist with disaster relief associated with Hurricane Katrina.

Motion by Mr. Seelie, seconded by Mr. Demro, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 86-05 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Ordinance No. 86-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 86-05 adopted.

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adjourn the meeting.

Meeting adjourned 10:21 PM

Approved:___________________________ ________________________
President
________________________
Clerk