MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
APRIL 1, 2002
7:30 P.M.

Regular Meeting of the Lakewood City Council called to order at 7:32 P.M. by President Seelie.

Pledge of Allegiance

Roll Call

Moment of Silence
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Present: Councilmembers Brian T. Corrigan, Denis P. Dunn, Edward FitzGerald, Thomas J. George, Nancy J. Roth, Robert Mr. Seelie, Michael J. Skindell.
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Also Present: Mayor Cain, Law Director Spellacy, Police Chief Clark, Fire Chief Mroz, Finance Director Blasko, Public Works Director Boag, Planning & Development Director Pietravoia, Executive Assistant to the Mayor Benjamin, Human Services Director Carey, Assistant Safety Director for the Division of Building & Housing Gallagher.
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Motion by Mr. George, seconded by Mr. Seelie, to approve the Minutes of the Regular Meeting of Council held February 19, 2002.

Motion adopted. All members voting yea.
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Without objection from Council, Item 33 & 34 were brought forward and read before old business.
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Without objection from Council, Public Comment was heard at this time.

****OLD BUSINESS****

1. Committee of the Whole Report regarding Resolution No. 7613-02. (Pg. 7)

Motion by Mr. George, seconded by Mr. Seelie, to receive and file this report.

Motion adopted. All members voting yea.
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2. RESOLUTION NO. 7613-02 - A RESOULUTION to concur with the Lakewood Planning Commission in the adoption of the November 26, 2001 amended Master Plan for Lakewood Park including the revisions approved by the Planning Commission January 2, 2002. (REFERRED TO THE COMMITTEE OF THE WHOLE 1/7/02)(Pg. 8)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7613-02.

Motion adopted. All members voting yea.
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3. Public Works Committee Report regarding Ordinance No. 68-01A (Pg. 9)

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

Motion adopted. All members voting yea.
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4. ORDINANCE NO. 68-01A - AN EMERGENCY ORDINANCE amending Ordinance No. 68-01, passed February 4, 2002, for the purpose of increasing the 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 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. (PLEASE SUBSTITUTE OF ORDINANCE NO. 68-01 PLACED ON 1ST READING AND REFERRED TO THE PUBLIC WORKS COMMITTEE 3/4/02, PLACED ON 2ND READING 3/18/02)(Pg. 11)

Motion by Mr. Corrigan, seconded by Mr. Dunn to amend Ordinance No. 68-01A by substituting; reflecting the addition of the dog park design of $5,000 and dog park/run, $10,050. .

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell,
Nays: None.
Ordinance No. 68?01A substituted.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to adopt Ordinance No. 68?01A as amended.

Comments were heard from some members of the public regarding the Madison Pool House: high cost, inadequate monitoring system in place for future cost increases, not enough public input, three month facility only, infrastructure needs more important, limited renovations only, life of project, objection to re-bidding since the issues had been resolved in November.

Administration responded to comments; the life of the project would be twenty plus years, City inspector would oversee the project to monitor costs.

Mr. George said he would vote against the ordinance and stated that he voted against 7-02A in Committee because the project had been brought back before Council three or four times with increases in costs. He said he wanted the project to be re-bid.

Mr. Corrigan responded to a comment regarding public meetings stating the Citizens Advisory Committee, the Planning Commission and numerous Council Committee meetings met on the subject.

Mr. Seelie responded to comments about costs control measures. He referred to the Law Director's response to his request for legislation; Item No. 29 on the agenda. He said he wanted a standard formula to be utilized in the future to have better awareness of project/architectural fees and costs in the future. He said changes in contracting language were being reviewed in Committee including a "not-to-exceed" phrase proposal for contracting ordinances. Meetings on the subject and other contracting issues would be scheduled. Mr. Seelie commented that the Madison Pool House renovations were needed and that the project would benefit the entire community. He said he had learned that re-bidding the project could bring up the cost.

Ms. Roth responded to comments about controls and process. She said design revisions accounted for a portion of the cost. The bid process was comprehensive in that twelve bid packages were sent out, seven bids came in and six were considered. She said each bidder was given two dates in the specifications, one to complete the project before the year, one after the year. Ms. Roth stated that the bid selected was the lowest and best. She said the quantity of bids provided her a reasonable expectation that a fair price was obtained. Ms. Roth said because the project would be a great asset, that a greater part of the cost would be paid for by the Community Development Block Grant funds and that no great impact would be made on the City's General Fund she would be voting for the Ordinance.

Mr. FitzGerald said he favored the Pool House renovations but wanted the project re-bid. He said Block Grant money required the same oversight as other tax money. He acknowledged cost control measures that were planned, but was disappointed in measures already used. He said an expenditure nearing a million dollars should apply to a year-round facility that could serve seniors and families.

Mr. Dunn said he would vote for the ordinance. He said that the renovation would reinforce Madison Park as community asset and that he was persuaded that the bids could come back higher if re-bidding took place.

The Administration responded to comments about the project's life-span indicating laws governing capital dollars required strict guidelines, certifications from a City Engineer, and traditionally twenty year guarantees.

On the motion to adopt as amended.

Yeas: Corrigan, Dunn, Roth, Seelie, Skindell,
Nays: FitzGerald, George,
Ordinance No. 68?01A adopted as amended.
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5. ORDINANCE NO. 7-02A - AN EMERGENCY ORDINANCE to amend Ordinance No. 7-02, passed February 19, 2002, for the purpose of establishing additional appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2002. (PLACED ON 1ST READING 3/4/02, PLACED ON 2ND READING 3/18/02) (Pg. 13)

Motion by Ms. Roth, seconded by Mr. Seelie, to adopt Ordinance No. 7-02A.

Six members voting yeah
Based on earlier discussion Mr. George voting nay.
Ordinance NO. 7-02A adopted.
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6. Finance Committee Report regarding Swimming Pool Rates and Various Purpose General Obligation Anticipation Notes. (Pg. 17)

Motion by Mr. George, seconded by Mr. Seelie, to receive and file this report.

Mr. George said the swimming pool rate increase would generate approximately $60,000, and had not been raised in over ten years. He further stated that because it was an increase, it sustained in-depth review from the Committee.

Ms. Roth said concerns she had at the last meeting regarding the rate increases were addressed by school representatives. She said admissions and revenue disparities were explained, a one time expense for materials and services was identified, and that there was money remaining in the Fletcher Foundation Fund to provide pool passes to low income families this year. She said that next year, there would be a plan to address passes for low income families in the future. She said she would vote for the ordinance.

Motion adopted. All members voting yea.
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7. ORDINANCE NO. 9-02 - AN EMERGENCY ORDINANCE establishing rates of admission to the Lakewood Municipal Swimming Pools located at Lakewood Park and Madison Park, and superseding Ordinance No. 21-91 adopted May 6, 1991 and all other ordinances inconsistent herewith. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/19/02, PLACED ON 2ND READING 3/4/02, REFERRED BACK TO FINANCE COMMITTEE 3/18/02)(Pg. 18)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 9-02.

A member of the public asked why the cost for water used at Madison Pool, Foster Pool and Winterhurst was charged to customer water bills instead of the General Fund.

Mr. George indicated water for fire hydrants would merit the same question and the Member of public responded that the Water Department was a separate entity. The resident asked why he paid for these from his water bill rather than out of the General Fund.

The Administration responded that Lakewood was a master meter designed to pay the City of Cleveland based on the water used by the total number of residents and all water used within the City, including lost water. The Administration said that by the Charter Amendment recently passed, the City is allowed to charge in the manner it charges.

Motion adopted. All members voting yea.
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(THE FOLLOWING BOND ANTICIPATION NOTE ORDINANCES NOS. 84-02 THROUGH AND INCLUDING 100-02 HAVE EACH BEEN PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/18/02. THE ORDINANCES WERE PUBLISHED IN THEIR ENTIRETY 3/18/02 AND WITH THE EXCEPTION OF ORDINANCE 98-02 ARE PUBLISHED BY TITLE PAGE ONLY IN THIS DOCKET. THE COMPLETE ORDINANCES ARE AVAILABLE FOR PUBLIC REVIEW IN THE CLERK OF COUNCIL OFFICE)

The Law Director was asked if a blanket motion could be made and he advised, that it could, with the exceptions of 22-24.

*Motion by Mr. George, seconded by Mr. Seelie to suspend the rules requiring Ordinance Nos. 84-02 through 97-02 (Items 8 - 21) be read on three separate days and placing the ordinances on final reading.

Mr. Skindell asked if the vote on the suspension required reading the ordinances and the Law Director advised that the vote on the adoption required reading the ordinances.

Yeas: Corrigan, Dunn, George, Roth, Seelie, Skindell.
Nays: None
Mr. FitzGerald absent for vote
Motion adopted. Rules suspended.

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance Nos. 84-02 through 97-02 (Items 8-21).

{ORDINANCES WERE READ BY TITLE BEFORE VOTE}

8. ORDINANCE NO. 84-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $80,000 Indianola Avenue Improvement Bond Anticipation Notes - Property Owners' Portion of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of paying the property owners' portion, in anticipation of the levy and collection of special assessments, of the cost of improving Indianola Avenue from Hilliard Boulevard to Riverside Drive by reconstruction and replacement of the base and resurfacing with reinforced concrete, including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto.(Pg. 21)

9. ORDINANCE NO. 85-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $320,000 Indianola Avenue Improvement Bond Anticipation Notes - City's Portion of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of paying the City's portion of the cost of improving Indianola Avenue from Hilliard Road to Riverside Drive by reconstruction and replacement of the base and resurfacing with reinforced concrete, including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto. (Pg. 22)

10. ORDINANCE NO. 86-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $56,000 West Forest Drive Improvement Bond Anticipation Notes - Property Owners' Portion of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of paying the property owners' portion, in anticipation of the levy and collection of special assessments, of the cost of improving West Forest Drive from Lake Road southerly to a cul-de-sac by reconstruction and replacement of the base and resurfacing with reinforced concrete, including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto. (Pg. 23)

11. ORDINANCE 87-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $224,000 West Forest Drive Improvement Bond Anticipation Notes - City's Portion of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of paying the City's portion of the cost of improving West Forest Drive from Lake Road southerly to a cul-de-sac by reconstruction and replacement of the base and resurfacing with reinforced concrete, including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto. (Pg. 24)

12. ORDINANCE 88-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $80,000 Overbrook Avenue Improvement Bond Anticipation Notes - Property Owners' Portion of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of paying the property owners' portion, in anticipation of the levy and collection of special assessments, of the cost of improving Overbrook Avenue from Riverway to Indianola Avenue by reconstruction and replacement of the base and resurfacing with reinforced concrete, including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto. (Pg. 25)

13. ORDINANCE 89-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $320,000 Overbrook Avenue Improvement Bond Anticipation Notes - City's Portion of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of paying the City's portion of the cost of improving Overbrook Avenue from Riverway to Indianola Avenue by reconstruction and replacement of the base and resurfacing with reinforced concrete, including the necessary installation and replacement of curbs, aprons and sidewalks, together with all necessary appurtenances thereto. (Pg. 26)

14. ORDINANCE 90-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $175,000 W. Clifton Boulevard Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving W. Clifton Boulevard and St. Charles Avenue by widening and providing additional on-street parking with concrete curbs. (Pg. 27)

15. ORDINANCE NO. 91-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $50,000 Forestation Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets and municipal properties by clearing, trimming and planting trees. (Pg. 28)

16. ORDINANCE NO. 92-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $250,000 Hilliard Road Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Hilliard Road and Lakewood Heights Boulevard by replacement of the base as required and resurfacing with asphalt, including replacement of curbs, aprons and sidewalks as required, together with all necessary appurtenances thereto. (Pg. 29)

17. ORDINANCE NO. 93-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $585,000 2002 Street Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving certain streets designated by Council by resurfacing, repairing curbs and improving traffic signalization. (Pg. 30)

18. ORDINANCE NO. 94-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $367,000 2002 Motorized Equipment Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring motorized equipment and appurtenances thereto. (Pg. 31)

19. ORDINANCE NO. 95-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $289,000 Police Communication Equipment Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring police communication equipment. (Pg. 32)

20. ORDINANCE NO. 96-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $675,000 Municipal Buildings Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of renovating, furnishing and equipping municipal buildings and improving sites. (Pg. 33)

21. ORDINANCE NO. 97-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $190,000 Park Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving parks.(Pg. 34)

A member of the public asked if Forest Road had a six or eight inch sewer and was advised he would be provided with that information the next day.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Motion adopted.

22. Communication from Finance Director Blasko regarding $275,000 City of Lakewood, Ohio Various Purpose General Obligation Anticipation Note. (Pg. 35)

Motion by Mr. George, seconded by Mr. Seelie, to receive and file this communication.

Motion adopted. All members voting yea.
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23. Fiscal Officer's Certificate - $275,000 Pool Improvement Bond Anticipation Notes (Pg. 36)

Motion by Mr. George, seconded by Mr. Seelie, to receive and file this certificate.

Motion adopted. All members voting yea.
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24. ORDINANCE NO. 98-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $100,000 Pool Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Foster Pool and Madison Pool. (Pg. 37)

Motion by Mr. George, seconded by Ms. Roth, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 98-02 on final reading.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Motion adopted. Rules suspended.

The Law Director advised that to remain consistent with the ordinances passed earlier regarding the pool, a fiscal officer's certificate was added to the docket. He said this allowed Council to amend the note ordinance to include the figure of $275,000 instead of the $100,000 figure.

Motion by Mr. Seelie, seconded by Mr. Skindell, to amend Ordinance No. 98?02 to $275,000 where it previously read $100,000 throughout the ordinance.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None.
Ordinance No. 98?02 amended.

Motion by Mr. Skindell, seconded by Mr. Seelie, to adopt Ordinance No. 98?02 as amended.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell,
Nays: None.
Ordinance No. 98?02 adopted as amended.
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25. ORDINANCE NO. 99-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $2,785,000 Sanitary Sewer Improvement Bond Anticipation Notes of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving sanitary sewers and the City's wastewater treatment plant. (Pg. 41)

Motion by Mr. George, seconded by Mr. Seelie, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 99-02 on final reading.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Motion adopted. Rules suspended.

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 99-02

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Motion adopted.

{This item was incorrectly numbered Ordinance No. 100-01 March 18, 2002 and is appropriately designated now as 100-02)
26. ORDINANCE NO. 100-02 - AN EMERGENCY ORDINANCE to provide for the issuance of $2,489,000 Various Purpose General Obligation Bond Anticipation Notes, Series 2002 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for various purposes. (Pg. 42)

Motion by Mr. George, seconded by Mr. Seelie, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 100-02 on final reading.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Motion adopted. Rules suspended.

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 100-02.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Motion adopted.

27. ORDINANCE NO. 81-02 - AN EMERGENCY ORDINANCE creating a new section within Chapter 129 of the Codified Ordinances of the City of Lakewood entitled Lead Safe Cuyahoga ("LSC") Lead-Based Paint Hazard Control Program Fund and authorizing the Director of Finance to establish such a fund. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/4/02, REPORTED OUT ON, PLACED ON 2ND READING AND RECOMMENDED FOR ADOPTION BY THE FINANCE COMMITTEE 3/18/02)(Pg. 43)

Motion by Mr. Seelie, seconded by Mr. George, to adopt Ordinance No. 81-02.

Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell.
Nays: None
Ordinance No. 81-02 adopted.
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28. RESOLUTION NO. 7635-02 - AN EMERGENCY RESOLUTION authorizing and directing the Mayor or her designee to enter into an agreement with the Cuyahoga County Health Department and the Cuyahoga County Department of Development (the "COUNTY") to accept and expend federal grant funds awarded to the City of Lakewood to participate in the Lead Safe Cuyahoga ("LSC") Lead-Based Paint Hazard Control Program. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 3/4/02, REPORTED OUT ON, PLACED ON 2ND READING AND RECOMMENDED FOR ADOPTION BY THE FINANCE COMMITTEE 3/18/02)(Pg. 44)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7635-02.

Mr. George said he learned in Committee that the program was comprised of a grant to purchase /replace windows after a person met specific guidelines and after attaining three estimates. He said he wanted to maximize the program and asked a close watch be given on window pricing. He asked the Planning and Development Director provide Council information on the number of homes served by the program.

Motion adopted. All members voting yea.
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29. ORDINANCE NO. 82-02 - AN ORDINANCE to amend section 111.01, Departmental Public Improvement Contracts, of the Codified Ordinances of the City of Lakewood for the purpose of including language to limit the approval of architectural, engineering and design services to ten percent (10%) of the total contract amount for renovations of existing public property or eight percent (8%) of the total contract amount for new construction without separate ordinance of Council. (PLACED ON 1ST READING & REFERRRED TO THE COMMITTEE OF THE WHOLE 3/18/02) (Pg. 45)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 82-02 on Second Reading.

Motion adopted. All members voting yea.
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30. ORDINANCE NO. 83-02 - An ORDINANCE authorizing the Fire Chief to make a gift of surplus fire alarm boxes to members of the Lakewood Division of Fire upon their retirement in recognition and in commendation for their years of dedicated public service. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 3/18/02)(Pg. 47)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 83-02, on Second Reading.

Motion adopted. All members voting yea.
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31. ORDINANCE NO. 101-02 - AN ORDINANCE creating a Police on Patrol Arresting Speeders (P.O.P.A.S.) Project in the City of Lakewood Division of Police and establishing a special revenue fund for the payment of expenses associated with the program and other approved law enforcement expenses. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 3/18/02)(Pg. 48)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 101-02 on Second Reading.

Motion adopted. All members voting yea.
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32. Liquor Permit Application for a new D1 classification to Ress LTD d/b/a Waters Edge Cafe & Deli, 11850 Edgewater Dr. , Lakewood, Ohio 44107. (DEFERRED 3/18/02)(Pg. 50)

Mr. Dunn reads the Police Chief's report indicating no reason to object. Mr. Dunn asked if Ward 4 Councilmember had any comment.

Ms. Roth indicated the Condominium Association supported the application with no objections and indicated she had no reason to object.

Motion by Mr. Dunn, seconded by Mr. George, to file no objection to this liquor permit application.

Motion adopted. All members voting yea.

****NEW BUSINESS****

33. Communication from Councilmember Dunn regarding Recognition for Lakewood Reads America's Best Poems Resolution to designate April as Lakewood Poetry Month. (Pg. 52)

Motion by Mr. Dunn, seconded by Mr. Skindell, to receive and file this communication.

Ms. Roth spoke in favor of the Resolution and emphasized the need to see the Arts as a way to increase the quality of life. She mentioned Lakewood's strong connections to art with its galleries, performing arts, and Virginia Marti College. She also mentioned two streets named after poets in Lakewood; Emerson and Thoreau.

Motion adopted. All members voting yea.
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34. RESOLUTION NO. 7644-02 - A RESOLUTION to recognize Lakewood Reads America's Best Poems at the Lakewood Public Library on Sunday, April 14, 2002 and to designate April as Lakewood Poetry Month. (Pg.54)

Motion by Ms. Roth, seconded by Mr. George, to adopt Resolution No. 7644-02.

Motion adopted. All members voting yea.
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35. Communication from Mayor Cain regarding Days of Remembrance of the Victims of the Holocaust. (Pg. 56)

Motion by Mr. George, seconded by Mr. Dunn, to receive and file this communication.

Motion adopted. All members voting yea.
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36. RESOLUTION NO. 7645-02 - A RESOLUTION to acknowledge the week of Sunday, April 7th through Sunday, April 14th, 2002, as Days of Remembrance in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Lakewood, should strive to overcome intolerance and indifference through learning and remembrance. (Pg. 57)

Motion by Mr. George, seconded by Mr. Skindell, to adopt Resolution No. 7645 02.

Motion adopted. All members voting yea.
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37. Communication from Law Director Spellacy regarding Erosion Control Measures at 1051 Nicholson Avenue, Lakewood, Ohio. (Pg. 58)

Motion by Mr. George, seconded by Mr. Skindell, to receive, file and refer this communication to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
….

38. RESOLUTION NO. 7646-02 - A RESOUTION approving the use of submerged lands for property located at and abutting 1051 Nicholson 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. 59)

Motion by Mr. George, seconded by Mr. Skindell, to receive, file and refer this communication to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
….
39. Communication from Public Works Director Boag regarding Amendment to Ordinance 66-01. (Pg. 61)

Motion by Mr. George, seconded by Mr. Seelie, to receive and file this communication.

Ms. Roth asked if this would start the replacement of aerial sewers. The Administration responded that it would, 461 days from the awarding of the bid. It was stated that the contracting ordinance was transferring money originally slated for concrete repair in the aeration basins. It was decided to replace four of the eight basins this year and transfer $190,000 to the aerial sewer project meeting a ten percent contingency in case of change orders during the project.

Ms. Roth asked the what the total project entailed. The Administration responded that aerial sewers will be replaced and a major portion of the headwork of the plant including bar screens and grit tanks. Ms. Roth asked about the aerial sewers and the Administration responded that replacement of at least one aerial sewer should take place within the first six months.

Mr. George said he had no problem suspending the rules on the ordinance.

Motion adopted. All members voting yea.
….
40. ORDINANCE NO. 66-01A - AN EMERGENCY ORDINANCE to amend Ordinance No. 66-01, adopted February 4, 2002, 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 bids and enter into a contract with the lowest and best bidder for Sewer System 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. 62)

Motion by Mr. George, seconded by Mr. Seelie, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 66-01A on final reading.

Mr. Skindell asked for an explanation of the reasons for the suspension of the rules.

The Administration mentioned that it could be referred to Committee and read at the April 15, 2002 meeting, but recommended early passage.

Mr. Corrigan said it was his understanding that the bid was soon to expire. The Administration added that it was important to keep on a timeline with warm weather in order to maximize construction during the 461 day contract.

Yeas: Corrigan, Dunn, George, Seelie, .
Nays: FitzGerald, Roth, Skindell
Motion fails

Motion by Mr. Seelie, seconded by Mr. Skindell, to place Ordinance No. 66-01A on First Reading and refer it to the Public Works Committee.

Motion adopted. All members voting yea.
….
41. Communication from Planning & Development Director Pietravoia regarding Economic Development Fund approval for Environmental Phase II Site Assessment - Koepke Property - 11901-11 & 12187 Detroit Avenue. (Pg. 64)

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

Motion adopted. All members voting yea.
….

42. ORDINANCE NO. - 102-02 - AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into a contract, in an amount not to exceed Fifteen Thousand Dollars ($15,000.00), with Hull & Associates, Inc. for the purposes of a Phase II Environmental Assessment of the Koepke properties located at 11901-11 and 12187 Detroit Avenue (PP's 315-13-013 and 315-10-001, 002) Lakewood, Ohio. (Pg. 65)

Motion by Mr. seconded by Mr. to place Ordinance No. on First Reading and refer it to the Committee.

Motion adopted. All members voting yea.
….
43. Communication from Planning & Development Director Pietravoia regarding National Community Development Week. (Pg. 67)

Motion by Mr. George, seconded by Ms. Roth, to receive and file this communication.

Ms. Roth expressed gratitude to the Planning & Development Director for his creativity in developing and implementing uses for Community Development Block Grant funds.

Motion adopted. All members voting yea.
….
44. RESOLUTION NO. 7647-02 - A RESOLUTION designating April 1-April 7, 2002 as National Community Development Week in the City of Lakewood and recognizing the Community Development Block Grant program and the importance it serves to our community. (Pg. 68)

Motion by Ms. Roth, seconded by Mr. George, to adopt Resolution No. 7647-02.

Mayor Cain provided words of appreciation to the Department of Planning and Development and the staff for its diligence and dedication.

Motion adopted. All members voting yea.
….

Administration referred to Plain Dealer article ; City of Lakewood received an "A" in Recycling.

Mr. Skindell asked the Administration if community meetings were planned for street reconstruction projects and specified Ramona.
Administration responded that a meeting was planned and that a notice would be forwarded.

Mr. Dunn indicated that the citizens committee working on the dog park would present their findings to the Planning Commission the following night at 7:30 PM.

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

All members voting yea.

Meeting adjourned 10:37


Approved:_____________________ ________________________
President

________________________
Clerk