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President Litten made a motion to refer to Committee of the Whole, seconded by Vice President Kepple. Councilmembers Baker, Bullock, Kepple, Litten, Marx, Shachner voted yea. Councilmember Rader abstained. Motion passed. Resolution 2023-48 referred to Committee of the Whole. 11. Communication from Director Gordon regarding Council Resolution Request for Permanent Utility Easement –13425 Detroit Ave (PPN 315-04-006). (pg. 19) President Litten made a motion to receive and file the communication, seconded by Vice President Kepple. Discussion: In response to a question, Director Gordon explained that as part of the Lewis sewer project the current easement does not line up with where the sewer is located so this proposal would correct that. He confirmed that there is no new work being done, they are just trying to get the legal documentation aligned with the actual infrastructure. He also confirmed he has met with both property owners, and they are in agreement with the proposed easement change. President Litten commented that this would seem to underscore the point that Lakewood’s sewer system is aging and archaic. Councilmember Baker stated that there was a Public Works Director in the past that did not do the as builts after they were built, so he did it built on the plans, and that Director Gordon has a heavy burden to ensure he does it right for his successor. On the motion: All in favor. Motion passed. 12. RESOLUTION 2023-46 - A RESOLUTION to take effect immediately provided it receives the vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor to enter into a permanent utility easement agreement with O”LEARY INVESTMENTS LLC, governing the rights of the parties relative to a parcel located at 13425 DETROIT AVENUE, Lakewood, Ohio 44107 (PPN#315-04-006) which grants the City of Lakewood access to the parcel for construction and ongoing maintenance of utility lines. (pg. 20) Discussion: President Litten stated that he would be good with adopting the resolution this evening unless Director Gordon saw any further reason for discussion. Director Gordon stated he was good with that, but he would like to propose an amendmentto give the City Engineer the authority to enter into the agreement. Director Vargo confirmed they could change the language to read “the mayor or designee.” On the motion: President Litten made a motion to amend the resolution in Section 1 to state “the Mayor or designee is hereby authorized”, seconded by Vice President Kepple. All in favor. Motion passed. 8