MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
JULY 15, 2002
7:30 P.M.
Regular Meeting of the Lakewood City Council called to order at 7:38 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 M. Seelie, Michael J. Skindell.
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Also Present: Mayor Cain, Acting Police Chief Sabala, Public Works Director
Boag, Finance Director Blasko, Planning & Development Director Pietravoia,
Executive Assistant to the Mayor Benjamin, Assistant Safety Director for the
Division of Building & Housing Gallagher, Health and Human Services Director
Carey, Assistant Law Director Hurly.
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Motion by Mr. George, seconded by Mr. Seelie, to defer action on the minutes
of June 17, 2002 and July 1, 2002.
Motion adopted. All members voting yea.
Without objection from Council items 14, 15,16, 17, 24, and 25, 26, 27, 28,
and 29 are brought forward to the beginning of the agenda.
Without further objection, Public Comment followed the indicated items.
****OLD BUSINESS****
1. Committee of the Whole Oral Report regarding Resolution 7677-02 and Ordinance No. 122-02.
Mr. Seelie submitted the following report:
Committee of the Whole met Tuesday, July 9, 2002, to discuss Resolution 7677-02 an – Emergency Resolution approving and recommending revised guidelines for an enhanced Economic Development Fund (EDF), and Ordinance 122-02 – An Emergency Ordinance authorizing the mayor to enter into an agreement with Dr. Keith Jordan of Optimal Health Chiropractic Clinic for participation in the Lakewood Business Investment Program on the Economic Development Fund for purchase and redevelopment of the Yorktown Property. In addition to Council, the Mayor, representatives from the Department of Planning & Development and Law, as well Dr. Jordon, owner of the Optimal Health Chiropractic Clinic were present. Scott Jordon, engineer with the firm of Energy Mechanical and Robert Maschke with the firm; Robert Maschke Architects were also present. The emergency resolution 7677-02 revises the guidelines for the City Administration of the Economic Development Fund which serves as one of Lakewood’s primary economic development tools. The recommended modifications of the EDF guidelines are based on research by the City staff on the current federal regulations relating to the Community Development Block Grant Program as well as input into and a communication from the Citizens Advisory Committee, (CAC). In fact the CAC did take action in their public hearing held on June 12th, 2002 to recommend approval of the revised EDF guidelines to City Council. The proposed modifications are designed to make the EDF Program more effective and offer greater fiscal incentives to business owners who are willing to make significant private investment. As a result we believe that the enhanced EDF Program resulting from the proposed changes in the guidelines will significantly improve our ability to compete in a region by retaining and attracting quality businesses in Lakewood. The Committee of the Whole also unanimously recommended adoption of the emergency ordinance 122-02 as a substituted ordinance. Proposed private/public partnership between Optimal Health Chiropractic Clinic and the City will allow for an approximately six hundred thousand ($600,000) redevelopment project to take place at the former Yorktown Motel property, 11860 Clifton Boulevard. The sizable investment in our community will result in the purchase of the former Yorktown Motel and the conversion of the Yorktown from blighted, nuisance property to the expanded medical offices of Optimal Health Chiropractic Clinic, an established Lakewood business owned and operated by Dr. Keith Jordon. In order to accomplish such a redevelopment project the City of Lakewood will utilize the City’s Economic Development Fund as a form of local participation supplementing the substantial private dollars being invested in this project by Dr. Jordon. The City’s participation will be in the sum of a $200,000 loan that will be forgiven over a five year period. Please note that this five year term is the change in the original legislation and has been discussed and recommended for approval by the Committee of the Whole and included in the substituted ordinance on tonight’s Council docket. This project will result not only in the retention of a highly respected and valued medical institution in our community but also tax revenue for both the City and the schools as well as employment in the amount of five full-time and three part-time jobs with additional employment to be created in the future. In addition and perhaps more importantly the project will include the renovation and rehabilitation of the motel building and enhance the exterior property to fit more closely with the surrounding, residential character of Clifton Boulevard. Approval of this emergency ordinance will leverage Dr. Jordon’s sizable private investment by utilizing the Economic Development Fund, local participation and provide for the complete redevelopment of the Yorktown Motel Property. A victory for all of Lakewood.
Motion by Mr. Seelie, seconded by Ms. Roth, to receive and file the report.
Motion adopted. All members voting yea.
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2. RESOLUTION NO. 7677-02 – AN EMERGENCY RESOLUTION expressing the acceptance and approval by the Lakewood City Council of recommended revised guidelines for an enhanced Economic Development Fund (EDF) for utilization by the City’s Department of Planning and Development in operating and administrating such program. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/17/02, PLACED ON 2ND READING 7/1/02).(Pg. 5)
Motion by Mr. Seelie, seconded by Mr. George, to adopt Resolution No. 7677-02.
Motion adopted. All members voting yea.
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3. ORDINANCE NO. 122-02 – AN EMERGENCY ORDINANCE authorizing the Mayor
or her designee to enter into an agreement with Dr. Keith Jordan d.b.a. Optimal
Health Chiropractic Clinic LLC for participation in the Lakewood Business Investment
Program (BIP) of the Economic Development Fund (EDF) for a five (5) year forgivable
loan in an amount of Two Hundred Thousand Dollars ($200,000.00) (PLEASE SUBSTITUTE
FOR ORDINANCE NO. 122-02 PLACED ON 1ST READING & REFERRED TO THE COMMITTEE
OF THE WHOLE 6/17/02, PLACED ON 2ND 7/1/02)(Pg. 12)
Motion by Mr. Seelie, seconded by Ms. Roth to substitute Ordinance No. 122-02
with that on the docket.
Mr. Pietravoia indicated one additional change, in the Whereas statement on top of the second page of the ordinance for clarification – where the jobs are listed that will be retained and created at the end of that phrase the addition was; “or a combination of such that totals eight full time equivalence”. That phrase was added for clarification as assistance that we’re providing through EDF is contingent on the number of jobs total retained and created. Eight jobs at a maximum of $25,000 per job of assistance.
Mayor Cain wanted the significance of the adoption of the Ordinance to be recognized. She indicated how the effort would make a tremendous improvement to that area She expressed appreciation to Dr. Jordon for remaining in the community and for being a health care provider.
Ms. Roth thanked Mayor Cain, Nora Hurly from the Law Department and Frank Pietravoia and Jeff Rink from Planning & Development.
Mr. Jordon thanked the Mayor, City Council, Planning & Development.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 122-02 is substituted.
Motion by Mr. Seelie, seconded by Ms. Roth to adopt Ordinance No. 122-02 as substituted.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 122-02 adopted as substituted.
(Without objection Items 9 & 30 followed this item)
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4. Committee of the Whole Oral Report regarding Probation Officer and Clerk of Court Salary Ordinances.
Mr. Seelie submitted the following report.
Committee of the Whole met that evening, the requested salary changes, were submitted, had three readings and were unanimously approved by council to adopt.
Motion by Mr. Seelie, seconded by Ms. Roth to receive and file the report.
Motion adopted. All members voting yea.
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5. ORDINANCE NO. 126-02 – AN EMERGENCY ORDINANCE fixing the compensation of the Probation Officer of the Lakewood Municipal Court and the time and method of payment. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 6/17/02, PLACED ON 2ND READING 7/1/02) (Pg. 14)
Motion by Mr. Seelie, seconded by Mr. George, to adopt Ordinance No. 126-02.
Motion adopted. All Members voting yea.
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6. ORDINANCE NO. 127-02 – AN EMERGENCY ORDINANCE fixing the compensation of the Clerk of the Lakewood Municipal Court, the time and method of payment. (PLACED ON 1ST READING AND REFERRED TO THE COMMITTEE OF THE WHOLE 6/17/02, PLACED ON 2ND READING 7/1/02) (Pg. 15)
Motion by Mr. Seelie, seconded by Mr. George, to adopt Ordinance No. 127-02.
Motion adopted. All Members voting yea.
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7. Public Works Committee Oral Report regarding Wireless Communication Tower Lease at Winterhurst Ice Rink.
Mr. Corrigan submitted the following report:
Your Public Works Committee met on June 27, 2002 and reported out on that at the last meeting. Met this evening also regarding the proposed cell tower at Winterhurst. The proposed cell tower is a proposed 150 foot monopole tower that AT&T would be on it as well as three other providers as well as the City’s communication equipment. The lease for this proposed tower would provide the City of Lakewood with the designation of that money going to Winterhurst in the amount of $90,000 over a period of five years. That initial lease would be renewable for another five years and that lease amount would increase fifteen percent. There were several questions raised about the lease and the lease language and the terms of the lease at the last Committee Meeting. The Law Department, along with our legal Council, Walter & Haverfield addressed these issues. The provisions of the lease in question were amended and at tonight’s meeting we were provided with copies of the proposed changes to the lease. These proposed changes were presented just today to AT&T through their representative Everclear Communications. They are just now looking at the terms of the new lease, the new terms of the lease agreement and they will review these and report back to us. Accordingly, I would move to receive and file this communication and refer the lease. He said there has been a lot of discussion from Councilmembers that they want to be part of the discussion. In order to ensure that, and it was the recommendation of the Committee tonight that this oral communication and the lease be referred back to the Public Works Committee and the Committee of the Whole. Also, noted, Denis Dunn recused himself from all talks on this tonight and recused himself in the Committee meeting and will be recusing himself in any vote on this matter.
Motion by Mr. Corrigan, seconded by Mr. Skindell, to receive, file and refer the oral report to the Public Works Committee and the Committee of the Whole.
Mr. Skindell said he talked to Assistant Law Director Mladek about a week ago and failed to bring this up in the Committee meeting held tonight. He said there was a representation by the Administration that should this pass that the proceeds of this would go to the Winterhurst Fund. He said there is nothing in the ordinance that designates that it goes to the Winterhurst Fund meaning that it will go to the General Fund.
Mr. Seelie said that it didn’t matter where the tower was placed that the proceeds could be designated to Winterhurst.
Mr. Seelie said if the item would referred to the Committee of the Whole, that he needed to see in writing, that it was not technically feasible to put this on any other City owned land. He said he needed to see the drawing and also wanted to work with the Public Works Department and Ameritech to see if Council could incorporate into this decision, making Lakewood Heights look more like a boulevard as opposed to an off-ramp. He said he understood that it would be difficult because State of Ohio would have to play a role. He said he’d like that information by next Thursday so he could read them over.
Mr. Corrigan pointed out that AT&T was different from Ameritech.
Mr. FitzGerald said he didn’t understand why designating the money to Winterhurst would be important. He asked if that meant money wouldn’t be spent at Winterhurst and that if there was a designation there would be money for Winterhurst. He said Council could put more money into Winterhurst or not but compared the argument for it to that of the lottery money going to education. He said whether the lottery money went there or not, the same amount of money would be spent on education.
Mayor Cain said that it has been represented that it would go there. She said because Winterhurst was an Enterprise Fund and that it was currently carrying a deficit, money would be directed to Winterhurst. She said the auditors were insisting that the City take care of that. She said the tower would be erected on the property and be attached to the Winterhurst facility and that it would be tough to argue that those dollars could go anywhere else. She said the City must pay off the deficit in Winterhurst this year and the dollars would help that. She said also in the long-term, putting the designation in the legislation was guaranteeing that the City would maintain the facility at Winterhurst. She said it would be her proposal today that the dollars go to Winterhurst as an Enterprise Fund.
Mr. Seelie said they would meet to have that in the ordinance and issues including the Gateway idea and getting potential decorative lighting in the area through funds.
Ms. Roth said she did not see the logic of the ordinance going to two Committees being that the members of the Committee of the Whole comprise the same members as the Public Works Committee.
Mr. Seelie restated the motion to refer the report to the Public Works Committee
and the Committee of the Whole
Five members of Council voting yea.
Nay. Ms. Roth
Abstention. Mr. Dunn
Motion adopted. Item is referred to Committee of the Whole and Public Works
Committee.
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8. ORDINANCE NO. 117-02 – AN EMERGENCY ORDINANCE requesting Council’s
approval of and authorizing the Mayor to enter into a lease for a portion of
property located at 14740 Lakewood Heights Boulevard, Lakewood, Ohio for the
placement of a wireless telecommunications tower. (PLACED ON 1ST READING &
REFERRED TO THE PUBLIC WORKS COMMITTEE 6/3/02, PLACED ON 2ND READING 6/17/02,
REFERRED BACK TO THE PUBLIC WORKS COMMITTEE 7/1/02)(Pg. 16)
Motion by Mr. Corrigan, seconded by Mr. Corrigan, to refer Ordinance No. 117-02 to the Committee of the Whole and the Public Works Committee.
Motion adopted. Five members voting yea.
Nay. Ms. Roth
Abstention. Mr. Dunn
Motion adopted. Ordinance 117-02 Referred to Committee of the Whole and Public
Works Committee.
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9. Liquor Permit Application for a new D1 classification to James J. Mileti, 12112 Madison Avenue, Lakewood, Ohio 44107. (Deferred 6/17/02 and 7/1/02)(Pg. 22)
Mr. Dunn indicated that the item was deferred until September on the basis that one of the reasons it was objected to was that that the application was not complete. He said it was his understanding that the Ohio Board of Liquor Control did not grant the deferral until the September date, only providing a grace period until middle August. He said the City recommended Council object to the liquor permit.
Motion by Mr. Dunn, seconded by Mr. Corrigan to file an objection to this permit application.
Mr. George said that Council was the City too and asked if the owner of the establishment was present. A man indicated that he didn’t own the property yet and that was part of the problem. Mr. George asked what part in the process he was. The gentleman responded that the liquor license has been applied for D1 D3 and D3A. He said it was filed in Columbus on June 6. He said it already showed up on Council’s docket a week or two weeks later and has been pushed back until now. He said he had an agreement to purchase the building from the current owner of the building but said he didn’t have the loan from the bank yet. He said when he was here the last time he anticipated it would be done by now and that it still was not secured. He said as soon as the loan was secured the deal would be pulled together. Mr. George responded that in the meantime there was a vacant storefront and asked if there were any inquiries into using the property. Mr. Pietravoia responded that they had not received any. Mr. George asked if there were any reports the business was not a responsible business if it was consistent with previous uses there – anything that may be detrimental to the neighborhood.
Mr. Miletti provided a history of the area stating it was a bowling alley, Duffers, then Tyre. He said that Tyre lost their liquor license and he was trying to purchase the building and get a liquor license for the property , convert bowling alley into concert venue similar to what Wilberts was downtown. Mr. George said he was a former permit holder himself and that one of the criteria used by lending institutions is if you had your liquor license secured. Mr. George said liquor permits should not be objected to as a matter of routine – indicating objections cost the city a lot of money. He said when there was good cause the objection is heard but he did not want to over-respond to the issue without a clear reason because it would sent the wrong message about businesses in Lakewood. He said he’d vote in favor of the permit.
Ms. Roth said it is was her understanding that the City had not done an investigation because the City did not have the appropriate documents.
Acting Chief Sabala responded that an investigation had begun on the original application, two meetings ago. He said there was cause for an objection because there was no solid plan in effect regarding type of business, age of clients, type of entertainment. He said that was to be provided as well as whether or not the party could obtain the building. He said they did not want to have a person with a free liquor license if he could not obtain the building. He said there were other issues that caused them to object. He said they agreed to obtain an extension and the Law Department was only able to get 30 days and that was after the original deferral of two weeks ago. He said that the original application did not have enough – or any information. He said there was also a concern as to types of vending machines.
Ms. Roth said she had a list of concerns from neighbors in the area including concerns about rowdy behavior and noise. She said she didn’t think it was good to rush the liquor permit. She said she would like to encourage Council to take advice from the Police Chief and object.
Mr. Skindell said that since Council had intentions of meeting July 30th, he said he believed the extension mentioned was beyond that – if it could be deferred until then. He said maybe the Police Department would have the information by then. He said he understood the concerns of both Ms. Roth and Mr. George.
Mr. Seelie said that they were going to meet July 30th. Mr. Corrigan said that Mr. Dunn did have a conflict that day.
Mr. FitzGerald said that he has looked at liquor applications strictly. He asked if there was a problem in that area with crimes and what happened in the past. He said if there were security problems in the past, how that would be addressed.
Mr. Miletti responded that part of the reason the application was incomplete was due to the loan. He said that he was encouraged to file in Columbus because the D1 and D3 was available to try and reserve it as he was getting the other parts together. He said that he didn’t anticipate the speed at which the liquor permit application came to Lakewood. He said he appreciated the deferrals, but had a commitment from the seller and all other variables except the bank.. Mr. Dunn asked the Chief if he thought the recommendation would change with further investigation. The chief responded that it would not. Mr. Dunn asked if there would still be reason to object if the application was complete and Chief Sabala said there would be reason. Mr. FitzGerald asked why that would be. The Chief responded that some of the police needed to question some of the principals in the business. He said there was no list of employees provided that there is a sole proprietorship. Mr. George said background checks are also initiated by the Ohio Department of Liquor Control and they have apparently reported no reason to object. Mr. George asked the Law Department how many objections were successfully argued in the last year. Mr. George said he didn’t think there was one. Mr. Seelie added that he didn’t think the City was ever able to successfully object to a license. He said it cost the city money for attorneys’ fees and time.
Mr. Dunn asked to withdraw the motion to object.
Mr. FitzGerald said there were questions about the principals involved and that he found the lack of listed employees very troubling. He said there could be a case where an employee from an establishment had a history of selling to underage patrons. He said there wasn’t enough information to make a decision based on who would be running the establishment. He said he would encourage to do what can be done in fifteen days to address the incomplete aspects of the report.
Mr. Seelie asked Mr. Miletti if he would be able to get everything in order by that deadline. Mr. Miletti said he believed he could.
Mr. Miletti said that for the past three and a half years he has worked for a brewery which a person has to be licensed in the state of Ohio to sell beer. He said they had no problem licensing him and that he had the license in his hand that night.
Ms. Roth asked Mr. Miletti if he understood the noise ordinances in the City of Lakewood. Mr. Miletti said he could probably understand them better. Ms. Roth said that she believed that was one of the questions asked by police at her request and understood that police now ask new owners of bars to have an understanding of the noise ordinance. She said this was a residential area and Mr. Miletti said he understood that - that he lived in the area.
Mr. Corrigan said that he would officially withdraw his second. He said the application was backwards, there was no plan in place, no agreement as to age of crowd and some other concerns. He said he would drop the second to review the item on July 30th.
Motion by Mr. Dunn, seconded by Mr. George, to defer docket items 9 and 10 pertaining to the one application to the July 30th Special Meeting of Council.
Motion adopted. All members voting yea.
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10. RESOLUTION NO. 7680-02 – AN EMERGENCY RESOLUTION to object to the
issuance of new liquor permits to James J. Mileti for an establishment located
at 12112 Madison Avenue, City of Lakewood, Ohio 44107. (Deferred 7/1/02) (Pg.
23)
(Item deferred per motion in item 9)
(Without objection, Item 30 is read after item 10)
11. ORDINANCE NO. 128-02 – AN ORDINANCE extending the nonexclusive franchise
held by CoxCom, Inc., dba Cox Cable, to construct, operate and maintain a cable
television system in the City of Lakewood. (PLACED ON 1ST READING & REFRERRED
ON THE COMMITTEE OF THE WHOLE 7/1/02)(Pg. 25)
Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 128-02 on 2nd Reading and refer it to the Committee of the Whole.
Mr. FitzGerald said he was voting against the motion to protest the way cable rates were structured. He said preliminary research of Lakewood cable rates showed Lakewood not getting the best deal compared to surrounding communities. He said federal law sets a floor that basic cable must be offered to residents and it’s around $7.00 or $8.00 which included what would be received with a simple antenna, 3,5,8, 43, PBS, etc. He said anything above that was not regulated because cable had been deregulated to such an extent. He said it was up to the cable provider as to how many channels and price packages were offered . He said cable rate structure was an important consumer issue and that he would always vote against this. He said he understood under the law the City could not necessarily reject a cable renewal after having spoken with the City’s legal counsel and Mr. Spellacy. He said the City was restricted on what it could do. He said that about half the communities in the United States, there was an $8.00 package roughly, mandated by federal law, a $15.00 package having 20-30 channels and then there was a $30.00 package where you would get 40 or 50 channels. He said it was at the discretion of the local cable provider as to whether or not to offer that mid-range. He said most places in Ohio go from the $8.00 to $30.00. He talked with Cox and asked if a midrange rate could be considered and was told “no”. He asked if they would consider phasing in a package maybe only for senior citizens – and again – he said Cox said “no”. He said it was his understanding that that was not part of the city’s negotiation position with them. He said that he understood the negotiations addressed additional hard wiring at facilities which he said he supported the city’s efforts in that but said there was a separate issue regarding the affordability of services.
Ms. Roth said she pays $8.00 for Cox cable. She said that wasn’t what Mr. FitzGerald was asking for and understood the importance of that also. Ms. Roth said that she understood Cox had spent a lot of time in terms of the television station at the school and programs there. She asked the status of the negotiations indicating she understood they started about three years ago. She said she had concern about legal fees.
Mayor Cain said it was common that any legal fees incurred by the City would in fact be collected by the City at the end of the negotiations. She said it was not in the City’s best interest to discuss legal items, including legal fees. She said the negotiations are going much better and that prior to this, there was support from Members of Council, the City was at a stalemate. She said the good news was that Cox had returned to the table and that there was progress. She said the ordinance before Council was necessary to continue those negotiations and to continue to protect the best interest of the City in the current franchise.
Ms. Roth said that she would like the opportunity to review any information or contract at least a week before it came before them on a docket.
Mayor Cain said they would make every effort to provide information to Council in a timely manner.
On the motion to place on 2nd reading and refer to the Committee of the Whole.
Motion adopted. Six members voting yea
Mr. FitzGerald voting nay
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****NEW BUSINESS****
12. Communication from Councilmember FitzGerald regarding Proceedings Notification for Victims of Crime. (Pg. 27)
Motion by Mr. FitzGerald, seconded by Mr. George, to receive, file and refer the communication to the Public Safety Committee.
Mr. FitzGerald indicated that there was a nationwide effort and recently on the state level to notify and coordinate with victims - the proceedings regarding crimes they were victims of. He said at a local level there is not a similar effort. He indicated that it was not necessary in the vast majority of municipal offenses because it done informally in a lot of cities including Lakewood. He said this is done either by a policeman, a prosecutor or someone from human services. He said there should just be a review of the procedure. He said Council may find the City was doing all that could be done or may find that putting it on paper or categorizing how to approach this may be the best way to handle this. He said he placed the item on the docket because of a request a specific victim made - who thought notification in one could have been handled in a different way.
Mayor Cain responded that the Administration would strongly support this and that it would look to see if there were not grant dollars available to help formalize the process.
Motion adopted. All members voting yea.
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13. Communication from Councilmember FitzGerald regarding Railroad Corridor Beautification Project. (Pg. 28)
Motion by Mr. FitzGerald, seconded by Mr. Dunn, to receive, file and refer this communication to the Health & Human Services Committee.
Mr. FitzGerald indicated that a group of residents had taken it upon themselves to do some clean up along the railroad and asked if there was any coordinated effort in place to address the issue. He said he talked with Mr. Boag and explained to the residents that it was railroad land and that it was a difficult situation. He said he wanted to look into if there could be some volunteer efforts to improve the area.
Motion adopted. All members voting yea.
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14. Communication from Councilmember Dunn regarding Resolution to recognize the Lakewood Historical Society’s 50th Anniversary and to designate August 17, 2002 as Lakewood Historical Society Day. (Pg. 29)
Motion by Mr. Skindell, seconded by Mr. Seelie, to receive and file the communication.
Motion adopted. All members voting yea.
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15. RESOLUTION NO. 7682-02 – A RESOLUTION to recognize the Lakewood Historical Society’s 50th Anniversary and to designate August 17, 2002 as Lakewood Historical Society Day. (Pg. 31)
Motion by Mr. Skindell, seconded by Mr. George, to adopted Resolution No. 7682-02.
Motion adopted. All members voting yea.
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16. Communication from Councilmember Dunn regarding Lakewood Citizens Committee to Celebrate Ohio’s Bicentennial. (Pg. 33)
Motion by Mr. Skindell, seconded by Mr. George, to receive and file the communication.
Motion adopted. All members voting yea.
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17. RESOLUTION NO. 7683-02 – A RESOLUTION to recognize and support the efforts of the Lakewood Citizens Committee to Celebrate Ohio’s Bicentennial. (Pg. 35)
Motion by Mr. Skindell, seconded by Mr. George, to adopt Resolution No. 7683-02.
Motion adopted. All members voting yea.
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18. Communication from Councilmembers Corrigan and FitzGerald regarding Comprehensive Review and Update of the Current Zoning Code to include Building Line Setbacks. (Pg. 36)
Motion by Mr. Corrigan, seconded by Mr. FitzGerald, to receive, file and refer this communication to the Planning Commission.
Mr. George said he would strongly suggest to Planning & Development Director Pietravoia, if he hadn’t already, to research the national register of historic places and the designations. He said when Council President Seelie, and former Councilman Gibbons worked on historic designation for the City, that there were volumes of restrictions and covenants that had to be obeyed. He said if an area of Clifton Park was on the national register as indicated then it was possible there were restrictions that neded to be addressed over and above what the Zoning Board or Planning Commission or other Boards in the City may address.
Mr. Seelie said that if the City were to get the designation on the historic register, only those who used federal dollars had to follow the rules and guidelines. He said, if it was a specific area, had to be researched. He said he knew that city-wide you would not have to follow the guidelines of the Ohio Historical Society, federal guidelines – but under certain sections, it may.
Motion adopted. All members voting yea.
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19. Communication from Councilmember Roth regarding Public Improvement Contracts. (Pg. 38)
Motion by Ms. Roth, seconded by Mr. George, to receive, file and refer this communication to the Committee of the Whole.
Motion adopted. All members voting yea.
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20. ORDINANCE NO. 129-02 – 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 separate language to require not to exceed amounts in contracting ordinances for approval of Council for architectural, engineering and design services for contracts for street reconstruction projects, including water main and sewer line replacement projects. (Pg. 39)
Motion by Ms. Roth, seconded by Mr. George, to place Ordinance No. 129-02 on First Reading and Refer it to the Committee of the Whole.
Motion adopted. All members voting yea.
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21. Communication from Mayor Cain regarding Contracting Authority for Police Emergency Notification System. (Pg. 41)
Motion by Mr. George, seconded by Mr. Seelie, to receive and file the communication.
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22. ORDINANCE NO. 130-02 – AN ORDINANCE authorizing the Mayor, as the Director of Public Safety, to enter into a contract with the lowest and best bidder for an emergency community notification system in accordance with the Administrative Code of the City of Lakewood. (Pg. 42)
Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 130-02 on First Reading and refer it to the Public Safety Committee.
Motion adopted. All members voting yea.
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23. Communication from Mayor Cain regarding State of Ohio Award for Excellence in Financial Reporting. (Pg. 44)
Motion by Mr. Seelie, seconded by Mr. Dunn, to receive, file and concur in this communication.
Motion adopted. All members voting yea.
(meeting is adjourned after this item)
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24. Communication from Mayor Cain regarding Recognition of the Lakewood Historical Society and Mr. Daniel Chabek as 2002 Grand Marshals of the July 4th Parade and announcement of Parade Award Winners. (Pg. 45)
Motion by Mr. Seelie, seconded by Mr. George, to receive and file the communication.
Motion adopted. All members voting yea.
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25. RESOLUTION NO. 7684-02 – A RESOLUTION to honor the Lakewood Historical Society and Mr. Daniel Chabek for their participation in the 4th of July Parade as Grand Marshals and to recognize their long-standing commitment to the people of Lakewood. (Pg. 46)
Motion by Mr. George, seconded by Mr. Seelie, to Adopt Resolution No. 7684-02.
Motion adopted. All members voting yea.
Patty Strickle representing Lakewood Jaycees presents winning Fourth of July
Parade participants. Best Color Guard – FOP, Lodge Number 25 - Best Bicycle
– Taft School Unicycle Club, Most Spirited Award goes to the Lakewood
High School Ranger Marching Band, Best Float if for the Lakewood Historical
Society.
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26. Communication from Mayor Cain regarding Dan R. Clark. (Pg. 47)
Motion by Mr. Seelie, seconded by Mr. George, to receive and file this communication.
Mr. Seelie said he wanted to salute Mr. Clark on behalf of all the citizens, indicating he did an outstanding job, that he was open and honest in all discussions and appreciated working with him. Mr. Dunn indicated he was a great police officer and chief. Mr. Corrigan said had done a wonderful job, important part of the community. Mr. George said he earned the respect of all who know him. He said his service has been invaluable, that the City is indebted to him. He said that the Lakewood Police Department is respected throughout Ohio, part because of Mr. Clark. Mr. Skindell indicated he wanted to echo all the comments and added that it was an honor to know Mr. Clark. Ms. Roth said that it was a great opportunity to work with Mr. Clark. Mr. FitzGerald added that as a councilperson he probably didn’t tell him enough how much he appreciated him resolving problems. He said that police officers are heroes and that Mr. Clark was a hero himself.
Motion adopted. All members voting yea.
….
27. RESOLUTION NO. 7685-02 – A RESOLUTION to thank Dan R. Clark for his outstanding service to the City of Lakewood, Division of Police. (Pg. 48)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7685-02.
Motion adopted. All members voting yea.
{extended applause followed}
Mr. Clark said he was extremely honored and that he had a wonderful career.
He said he was very appreciative of having had the opportunity to serve the
community, was appreciative to the citizens. He said public service was an experience
that everyone should have. He thanked Mayor Cain directly stating the experience
at the City contributed to making him a better person. He thanked his wife for
her support over the years. (extended applause followed)
….
28. Communication from Mayor Cain regarding Retiring Officer Thomas E. Reece. (Pg. 49)
Motion by Mr. George, seconded by Mr. Seelie, to receive and file the communication.
Mr. Seelie said he remembered how proud he was of his father when his father retired from the Police Force and said he joined family, friends and neighbors in wishing good things to Officer Reece.
Mr. Dunn recognized Mr. Reece’s composure and preparedness during trials, which enable convictions. He said Mr. Reece was a professional in everything he did.
Motion adopted. All members voting yea.
….
29. RESOLUTION NO. 7686-02- A RESOLUTION to recognize retiring police officer Thomas E. Reece on the occasion of his retirement from the City of Lakewood, Division of Police. (Pg. 50)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7686-02.
Motion adopted. All members voting yea. (extended applause followed the adoption)
Mr. Reece expressed appreciation for his 27 years.
….
30. Liquor Permit Application for D3 and D3A Classifications to James J. Mileti,
12112 Madison Avenue, Lakewood, Ohio 44107. (Pg. 51)
Motion by Mr. Dunn, seconded by Mr. George, to defer the item to the July 30, 2002 Special Meeting of Council.
Motion by Mr. Seelie, seconded by Mr. Corrigan, to adjourn the meeting.
Motion adopted. All members voting yea.
Meeting adjourned at 10:36 PM.
Approved:___________________ ________________________
PRESIDENT
________________________
CLERK