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

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Reading and disposal of the Minutes of the Regular Meeting of Council held September 6, 2005.

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

Mr. Demro indicated it was his recollection that his vote on the Charter Amendments; referencing Item 3 under new business of the minutes was a nay vote and that he would like that reflected in the minutes.

Mr. Seelie asked if the Law Department could review the issue.

Law Director Corrigan indicated his notes reflected a 7-0 affirmative vote and that he listened to the recording of the meeting which confirms the 7-0 vote.

Motion adopted. All members voting yea.
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Without objection from Members of Council, items 21 and 21 were read first in the agenda order.

1. Public Works Committee Verbal Report regarding Ordinances 82-05, 84-05, and 54-03A.
Mr. Dever submitted the following report:

The Public Works Committee met this evening to discuss the three listed ordinances. The first Ordinance we discussed was 82-05; concerning the structural steel repairs on the Lake Road Bridge over Rocky River. We had discussed this at the last Council Meeting or at the last Public Works Meeting and we voted to recommend passage for this evening. The second ordinance we had discussed is Ordinance 84-05 and that was concerning the expenditure of Community Development Block Grant funds for the Lakewood Park lakefront access road for ADA compliance. We were waiting on a few answers from the Public Works Director and received those answers and recommend adoption.

(The Committee also recommended adoption of Ordinance No. 54-03A – for a $15,000 cost over-run in the architectural design in response to EPA mandates).

Motion by Mr. Dever, seconded by Mr. Demro, to receive and file the verbal report.
Motion adopted. All members voting yea.
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2. 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. .(PLACED ON 1st READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 9/6/05, 2ND READING 9/19/05) (Pg. 6)

Motion by Mr. Dever, seconded by Mr. Demro, to adopt Ordinance No. 82-05.
Motion adopted. All members voting yea.
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3. ORDINANCE NO. 84-05 – AN EMERGENCY 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. .(PLACED ON 1st READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 9/6/05, 2nd READING 9/19/05) (Pg. 8)

Motion by Mr. Dever, seconded by Mr. Demro, to adopt Ordinance No. 84-05.
Motion adopted. All members voting yea.
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4. ORDINANCE NO. 54-03A - AN EMERGENCY ORDINANCE amending ordinance 54-03, adopted July 21, 2003 for the purpose authorizing and directing 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 the lowest and best bidder for Park 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 PUBLIC WORKS COMMITTEE 9/19/05)(Pg.9)

Motion by Mr. Dever, seconded by Mr. Seelie, o suspend the rules requiring this be read on three separate days and placing Ordinance No. 54-03A on final reading.
Motion adopted. All members voting yea.

5. 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). .(PLACED ON 1st READING & REFERRED TO THE FINANCE COMMITTEE 9/6/05, REPORTED OUT ON, PLACED ON 2ND READING AND RECOMMENDED FOR ADOPTION 9/19/05) (Pg. 11)

Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 83-05.
Motion adopted. All members voting yea.
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6. ORDINANCE NO. 87-05 – AN ORDINANCE creating a Community Relations Council and providing operating procedures and stating the powers of the Council.(PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 9/19/05)(Pg.12)
Motion by Mr. Demro, seconded by MR. Dunn, to place Ordinance No. 87-05 on 2nd Reading.
Motion adopted. All members voting yea.
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7. ORDINANCE NO. 89-05 - 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, including the Chief of Fire, Chief of Police and Civil Service Commissioners, effective January 1, 2005.(PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 9/19/05)(Pg. 14)

Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 79-05 on 2nd Reading.
Motion adopted. All members voting yea.
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8. 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. (FIRST READING, REFERRED TO THE HOUSING COMMITTEE 9/6/05)Pg. 18)

Motion by Mr. Demro, seconded by Mr. Seelie, to place Ordinance No. 79-05 on 2nd Reading.
Motion adopted. All members voting yea.
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9. 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. (FIRST READING , REFERRED TO THE HOUSING COMMITTEE 9/6/05)(Pg. 20)

Motion by Mr. Demro, seconded by Mr. Dunn, to place Ordinance No. 80-05 on 2nd Reading.
Motion adopted. All members voting yea.

****NEW BUSINESS****
10. Communication from Council President Seelie regarding Council Appointment to Lakewood Community Progress Inc. (Pg. 22)

Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the communication.
Motion adopted. All members voting yea.
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11. RESOLUTION NO. 8029-05 – A RESOUTION to appoint Mary Louise Madigan as a member of the Board of Directors of the Lakewood Community Progress, Inc. (LCPI), for the unexpired one-year term. (Pg. 23)

Motion by Mr. Seelie, seconded by Mr. Demro, to amend Resolution No. 8029-05 to have the term ending December 31, 2005.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 8029-05 amended.

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 8029-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 8029-05 adopted as amended.
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12. Communication from Councilmember Dever regarding Commercial Sign Regulation; Sandwich Boards/Hand-held Placards. (Pg. 24)

Mr. Demro added that if the Ordinance from Rocky River is not applicable that the Law Department draft necessary legislation to be reviewed in Committee.

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

Motion adopted. All members voting yea.
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13. Communication from Councilmember Dever regarding NO TURN ON RED at Lake Avenue and Belle. (Pg. 28)

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

Motion adopted. All members voting yea.
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14. ORDINANCE NO. 90-05 – an ordinance to amend section 313.10, Prohibited Turns on Red Signals, of the Lakewood Codified Ordinances of the City of Lakewood for the purpose of including the intersection of Lake and Belle Avenue on all four approaches between the hours of 7:30 a.m. and 4:00 p.m. (Pg. 29)

Motion by Mr. Seelie, seconded by Mr. Demro, to place Ordinance No. 90-05 on 1st Reading and refer it to the Public Safety Committee.
Motion adopted. All members voting yea.
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15. Communication from Councilmember Dunn regarding Amending Purchasing and Contracting Chapter 111. (Pg. 33)

Motion by Mr. Seelie, seconded by Mr. Demro, to receive, file and refer the communication to the Rules & Ordinances Committee.
Mayor George indicated that Mr. Akers from First Suburbs was met with for a complete analysis regarding cost efficiencies to be achieved through Lakewood’s participation.
Mr. Dunn indicated that this was important in a global economy that regions compete rather than cities.
Ms. Madigan indicated support the legislation.
Motion adopted. All members voting yea.
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16. ORDINANCE NO. 91-05 – AN ORDINANCE TO ESTABLISH SECTION 111.11 OF THE LAKEWOOD CODIFIED ORDINANCES, THEREBY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT TO PERMTI THE CITY TO JOIN THE NORTHEAST OHIO SOURCING OFFICE. (Pg. 35)
Motion by Mr. Seelie, seconded by Mr. Dunn, to place Ordinance No. 91-05 on 1st Reading and refer it to the Rules & Ordinances Committee.
Motion adopted. All members voting yea.
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17. Communication from Councilmember Madigan regarding Lakewood’s “Chat Room”. (Pg. 40)

Motion by Ms. Madigan, seconded by Mr. Corrigan, to receive, file and refer the communication to the Health & Human Services committee.
Motion adopted. All members voting yea.
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18. Communication from Councilmembers Demro, Dunn and Madigan regarding Grow Lakewood Committee Recommendation for Creation of a Housing Commission. (Pg. 41)
Motion by Mr. Demro, seconded by Ms. Madigan, to receive, file and refer the communication to the Housing Committee.

Motion adopted. All members voting yea.
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19. Communication from Councilmembers Demro and Dunn regarding Review of Noise Nuisance Standards. (Pg. 42)
Motion by Mr. Demro, seconded by Mr. Dunn, to receive file and refer the communication to the Rules & Ordinances Committee.
Motion adopted. All members voting yea.
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20. Communication from Mayor George and Councilmember Madigan regarding SS. Cyril & Methodius School Blue Ribbon School of Excellence Award. (Pg. 43)
Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the communication.
Motion adopted. All members voting yea.
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21. RESOLUTION NO. 8030-05 – A RESOLUTION to congratulate SS. Cyril and Methodius School on being awarded the U.S. Department of Education 2005 No Child Left Behind – Blue Ribbon School of Excellence Award. (Pg. 44)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 8030-05.
Motion adopted. All members voting yea.
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22. Communication from Mayor George regarding Fire Prevention Week and Lakewood Fallen Firefighters Memorial Day. (Pg. 45)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.
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23. RESOLUTION NO. 8031-05 – A RESOLUTION proclaiming October 9th, 2005 as Fallen Firefighters Memorial Day in the City of Lakewood. (Pg. 46)

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 8031-05.
Motion adopted. All members voting yea.
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24. RESOLUTION NO. 8032-05 – A RESOLUTION calling upon the citizens of Lakewood to participate in fire prevention activities at home, work and school, and to heed the message: “Use Candles with Care: When You Go Out, Blow Out!” as the 2005 Fire Prevention Week them suggests. (Pg. 47)

Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 8032-05.
Motion adopted. All members voting yea.
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25. Communication from Mayor George regarding U.S. Social Security Administration’s Local Office. (Pg. 48)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the communication.
Mr. Corrigan indicated that a substantial population of mentally disabled people rely on the Social Security Office in Lakewood. He asked if Congressman Kucinich had been contacted.
Mayor George indicated there had been contact made with Congressman Kucinich and that a strongly worded letter opposing the Social Security Office move had gone out from him to GSA. He indicated that the move was not to take place until April 30, 2006.
Mr. Demro asked if there was data available that would refute the location of the office being moved to Westlake.
Planning & Development Director Jordan indicated a request was made to the office to ascertain reasons for the planned move.
Motion adopted. All members voting yea.
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26. RESOLUTION NO. 8033-05 – A RESOLUTION requesting that the Social Security Administration retain its local office at the Lakewood Center West Building located at 14650 Detroit Avenue. (Pg. 50)

Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 8033-05.
Motion adopted. All members voting yea.
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27. Communication from Mayor George regarding Adoption of the National Incident Management System (NIMS). (Pg. 51)

Motion by Mr. Seelie, seconded by Mr. Demro, to receive and file the communication.
Motion adopted. Six members voting yea.
Mr. Dunn absent for vote.
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28. RESOLUTION NO. 8034-05 – A RESOLUTION directing all City of Lakewood Departments, offices and agencies to utilize the Incident Management System prescribed by the Department of Homeland Security. (Pg. 52)

Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 8034-05.
Motion adopted. All members voting yea.
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29. Communication from Mayor George regarding State Issue 2 Infrastructure Bond Program – 2006 Clifton Boulevard Improvements, Watermain Installation. (Pg. 54)

Motion by Mr. Demro, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.
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30. RESOLUTION NO. 8035-05 – AN EMERGENCY RESOLUTION authorizing the Mayor, for and on behalf of the City, to seek financial assistance from the State Issue Two Infrastructure Bond Program for funding of the 2006 Clifton Boulevard Improvement Project. (Pg. 55)

Motion by Mr. Dever, seconded by Mr. Corrigan, to adopt Resolution No. 8035-05.
Motion adopted. All members voting yea.
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31. Communication from Finance Director Nogalo regarding 2005 Additional Appropriations. (Pg. 57)
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.
32. ORDINANCE NO. 92-05 – 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. (Pg. 58)

Motion by MR. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 92-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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33. Communication from Finance Director Nogalo regarding Amendments to Contracting Ordinance. (Pg. 60)

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

Motion adopted. All Members voting yea.
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34. ORDINANCE NO. 99-04D – AN EMERGENCY ORDINANCE amending Ordinance No. 99-04C, adopted September 6, 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. 61)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 99-04D on 1st Reading and refer it to the finance Committee.

Motion adopted. All members voting yea.
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35. Communication from Planning & Development Director Jordan regarding U.S. Department of Housing and Urban Development Funding Fiscal Year 2006 Allocations. (Pg. 67)

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

Motion adopted. All members voting yea.
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36. RESOLUTION NO. 8036-05 – AN EMERGENCY RESOLUTION authorizing and directing the Mayor to submit the Fiscal year (FY) 2006 One-Year Action Plan of the Consolidated Plan, which includes dollar allocations and activities for federal Community Development Block Grant (CDBG) funds and Emergency Shelter Grant (ESG) funds, and incorporates the City’s application for CDBG funds, ESG Funds, HOME Investment Partnership funds, American Dream Downpayment Initiative (ADDI) funds, and all amendments thereto and all understandings and assurances contained therein, to the U.S. Department of Housing and Urban Development (HUD). (Pg. 70)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Resolution No. 8036-05 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.
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Motion by Mr. Seelie, seconded by Mr. Dever, to adjourn.
Motion adopted. Meeting adjourned 9:17 PM

Approved:___________________________ ________________________
President
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Clerk