MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
DECEMBER 2, 2002
7:30 P.M.

Regular Meeting of the Lakewood City Council called to order at 7:35 P.M. by President Seelie.
Pledge of Allegiance
Roll Call
Moment of Silence
….
Present: Councilmembers Brian T. Corrigan, Denis P. Dunn, Edward FitzGerald, Thomas J. George, Nancy J. Roth, Robert Mr. Seelie, Michael J. Skindell.
….
Also Present: Mayor Cain, Law Director Spellacy, Police Chief Malley, 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 & Human Services Director Carey.
….
Motion by Mr. George, seconded by Mr. Dunn, to excuse the absence of Ms. Roth.
Mr. Skindell indicated for the record that Councilmember Roth was running late because of the weather.
Motion adopted. All members present voting yea.
….
Motion by Mr. George, seconded by Mr. Seelie, to approve the minutes of November 18, 2002 without the necessity of a reading..
Motion adopted. All members voting yea.
Without objection from members of Council Item 15 and 16 are brought forward to the beginning of the agenda.

****OLD BUSINESS****

1. Committee of the Whole Oral Report regarding West End Development.
Mr. Seelie submitted the following report:

Committee of the Whole met for the first time as a body and viewed the designs of the West End Development on Monday the 25th during a joint meeting with the school board and the developers were there and showed us the pictures and the proposed design. Tuesday, the 26th was the first time this body received financial information and a team from National City Bank and the Law Firm of Calfee, Halter and Griswold and all the Members from the Administration and City Council sat through a three hour very detailed and in some ways very complex set of financial numbers. We then went into two hours of public questions, some debate and dialogue and it’s clear that we’re 80 percent of the way there but what was also clear that night was that there are still many unanswered questions. There are still assumptions that have to be negotiated. There are still numbers that have to be crunched. There are still many questions that have to be answered regarding the logistics and the plan as a whole. But, it was felt that night that from those numbers we could at least put this on second reading and move on. It was also felt that Council should take more of a leadership role we appointed a member of Council – Councilman FitzGerald who will now be working on the negotiation team with the Administration and you will see with Item 3 that we also put out and it was in the paper today a request for proposal to get another let’s just call it a second opinion but another outside information to look over the financial piece of this. Also at that meeting we set up and notice has gone out although there was a slight error in the Plain Dealer, we will have a Public Hearing on the Community Development Plan at 5:30 on Thursday, December 12th - it said 7 but it’s at 5:30. But again there’s still a lot to be discussed but we’re moving quickly and Council has now stepped up to the plate and I know we’re all going to try to do the right thing.

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

Mr. Skindell, indicated that that evening he was presented with a letter from Gordon Brumm. He said that the comments were contained in a ten page letter to Council. He made a motion to make the comments part of the permanent comments regarding this docket item. Mr. Dunn seconds the motion.

Motion adopted. All members voting yea. (Clerk has attached letter to the minutes).

Opposing passing the Community Development Plan, comments included concern about City only allowed to be 10.5 percent of its value in debt, timeline was too restrictive, Mayor did not provide elected officials with timely information, question of city-owned parking garage question was how property taxes would be derived, no feasibility, market or traffic studies, if the project is worth a 35 million dollar gamble, complain of lack of input in the decision process. Condos would come after if retail was successful, how could construction crews come in after the fact – and reminder that 1500 people would be immediately impacted in the area.

Mr. Pietravoia responded to comments – regarding parking garage - indicated air rights that would be the top of the parking garage that the City could sell air rights. Regarding studies, work was in progress with most recent study which was traffic.
Mayor Cain said that when condos would go in, that language would be made to assure that the condos happened. She said the TIF could not be paid off without condominiums being built.

On the motion to receive and file the communication.
Motion adopted. All members voting yea.
….
2. ORDINANCE NO. 146-02 – AN EMERGENCY ORDINANCE Approving the Community Development Plan for the West End District. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE FO THE WHOLE 10/7/02)(Pg. 4)

Motion by Mr. Seelie, seconded by Mr. George, to place Ordinance No. 146-02 on First Reading and refer it back to the Committee of the Whole.

Mr. Seelie asked if the public notice did state 5:30. Mr. Pietravoia said that an ad was run last Wednesday in the Plain Dealer that said December 12th at 5:30.

Motion adopted. All members voting yea.

….

3. Committee of the Whole Oral Report regarding Utilizing Outside Consultant for West End Development Project

Mr. Seelie submitted the following report:

As was stated it was agreed upon that we would advertise for outside consultation on this. (West End Development) The advertisement was in the Plain Dealer today due back Wednesday, December 11, at 5:00. Probably in the Committee of the Whole will be discussing that probably around the 16th or so. RFP’s whether we think those who applied are sufficiently knowledgeable enough to assist us.

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

Motion adopted. All members voting yea.

….

4. ORDINANCE NO. 149-02 – AN EMERGENCY ORDINANCE authorizing the Council President (with the concurrence of the majority of Council, )to engage firms to provide professional services relating to the West End Development Project in the City of Lakewood, 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 FOR ORDINANCE NO. 149-02 PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 11/18/02)(Pg. 8)

Motion by Mr. Seelie, seconded by Mr. George, place Ordinance No. 149-02 on second reading.

Motion adopted. All members voting yea.

….

5. Public Works Committee Oral Report regarding Resolution No. 7705-02 – Grant Application for Lakewood Park.

Mr. Corrigan submitted the following report:

Mr. Chairman, your Public Works Committee met tonight along with Member of the Administration, Finance Director Blasko, Public Works Director Boag and Keith Benjamin to discuss the grant application. This is a grant application to the Ohio Department of Natural Resources from the Ohio Costal Management Grants Program. It is a fifty percent match program. Any grant that that is received a match would come form our Capital Improvements Budget. This is for any improvements to the Lakewood Park Coastal area. The State of Ohio has a total of $250,000 available to the whole state of Ohio. There’s not a lot of money here and this is for 2003 and your Public Works Committee recommended unanimously approval of this Resolution tonight.

Motion by Mr. Corrigan, seconded by Mr. Seelie, to receive and file the oral report.
Motion adopted. All members voting yea.

….

6. RESOLUTION NO. 7705-02 – AN EMERGENCY RESOLUTION authorizing the Mayor, on behalf of the City, to apply for financial assistance under the Clean Ohio Conservation Fund Program in support of the Lakewood Park lakefront revitalization initiatives. (REFERRED TO THE PUBLIC WORKS COMMITTEE 11/4/02)(Pg. 9)

Motion by Mr. Corrigan, seconded by Mr. George, to adopt Resolution No. 7705-02.

Motion adopted. All members voting yea.
….

7. RESOLUTION NO. 7710-02 – A RESOLUTOIN to amend Resolution No. 5304 adopted May 1, 1978, as amended by Resolution No. 5955-85, adopted June 4, 1985 for the purpose of expanding the Community Reinvestment Area to include condominium units in the tax abatement program. (PLACED ON 1ST READING & REFERRED TO THE HOUSING COMMITTEE 11/18/02).

Motion by Mr. Skindell, seconded by Mr. George, to place Resolution No. 7710-02 on second reading and refer it back to the Housing Committee.

Motion adopted. All members voting yea.

….

8. ORDINANCE NO. 150-02 – AN ORDINANCE to enact a new section 501.13, VICTIM NOTIFICATION, set forth in Chapter 501, GENERAL PROVISIONS AND PENALTY, of the Codified Ordinances of the City of Lakewood for the purpose of requiring victim notification in accordance with the Ohio Revised Code Chapter 2930, and, in addition, requiring victim notification in the additional circumstance wherein a fatality results arising out of a misdemeanor traffic charge. (PLACED ON 1ST READING 11/18/02)(Pg.13)

Motion by Mr. FitzGerald, seconded by Mr. Dunn, to place Ordinance No. 150-02 on second reading.

Motion adopted. All members voting yea.

….

9. ORDINANCE NO. 151-02 – AN ORDINANCE to create a new section within the Codified Ordinances of the City of Lakewood for the purpose of establishing a living wage requiring every municipal employee to be paid an hourly rate of not less than $9.20 and to require any company, firm or agency doing business with the City to pay its employees an hourly rate of not less than $9.20. (PLACED ON 1ST READING & REFERRED TO THE HEALTH & HUMAN SERVICES COMMITTEE 11/18/02) (Pg. 14)

Motion by Mr. Dunn, seconded by Mr. George, to place Ordinance No. 151-02 on Second Reading.

Motion adopted. All members voting yea.

….

10. ORDINANCE NO. 152-02- AN EMERGENCY ORDINANCE to amend the agreement with Bay Village, Fairview Park, North Olmsted, Rocky River and Westlake, establishing the Westshore Council of Governments and authorizing the Mayor to enter into the Amended Agreement. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 11/18/02)(Pg.15)

Motion by Mr. Skindell, seconded by Mr. George, to place Ordinance No. 152-02 on Second reading and refer it back to the Public Safety Committee.

Ms. Roth requested the most recent financial report related to the Westshore Council of Governments.

Motion adopted. All members voting yea.

11. ORDINANCE NO. 153-02 – 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, 2002. (PLACED ON 1st READING & REFERRED TO THE FINANCE COMMITTEE 11/18/02)(Pg. 21)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 153-02 on Second Reading and refer it back to Finance Committee.

Motion adopted. Six members voting yea.
Mr. FitzGerald absent from table
….

12. ORDINANCE NO. 154-02 – AN EMERGENCY ORDINANCE to authorizing the transfer of certain funds. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/18/02)(Pg. 23)

Motion by Mr. George, seconded by Mr. Corrigan, to place Ordinance No. 154-02 on Second Reading and refer back to the Finance Committee.

Motion adopted. Six members voting yea.
Mr. FitzGerald absent from table
….

13. ORDINANCE NO. 155-02 – AN EMERGENCY ORDINANCE to establish temporary appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for three months, January 1, 2003 to March 31, 2003 as provided by Ohio Revised Code Section 5705.38. (PLACED ON 1ST READING & REFERRED TO FINANCE COMMITTEE 11/18/02)(Pg. 25)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 155-02 on Second Reading and refer back to the Finance Committee.

Mr. George indicated that Finance Director Blasko asked Council to look at their schedules for Saturdays in January and February for Budget Hearings. Mr. George referenced Mr. Dunn’s National Guard duty.

Mayor Cain said she would request that Budget Hearings start the first Saturday in February.

Motion adopted. All members voting yea.
….

14. ORDINANCE NO. 156-02 – AN EMERGENCY ORDINANCE authorizing 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 2003 Appropriations Ordinance and the Administrative Code of the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/18/02)(Pg.28)

Motion by Mr. George, seconded by Mr. Corrigan, to place Ordinance No. 156-02 on Second Reading and refer it back to the Finance Committee.

Mr. George indicated pages 28 and 29 on the docket be reviewed by Council and the public because they comprised professional services for 2003.

Mr. Skindell asked about the purchase of salt as it related to the Cargill situation.
Mayor Cain responded that Lakewood was providing referral services to the families effected by the lock out. She said that Lakewood was part of the state contract and were already in state contract. She said under the state contract, the City is required to purchase fifty percent of the salt. She said that the City learned after the state contract had been awarded that it went to Cargill. She said the City then went out and based on prices, contract with Morton Salt and Morton will provide the City with remaining salt.

****NEW BUSINESS****

15. Communication from Councilmembers Dunn, Roth and Skindell regarding Resolution to Honor the Memory of Joseph A. Mazzarella. (Pg. 31)

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

Councilmembers shared personal stories about Mr. Mazzarella’s commitment to his community, his compelling personality and his personal and public contributions. All indicated he would be missed.

Motion adopted. All members voting yea.

Mayor Cain added her gratefulness to Mr. Mazzarella, stating that he was an important part of her public service.
….

16. RESOLUTION NO. 7711-02 – A RESOLUTION to honor the memory of Joseph A. Mazzarella, one of Lakewood’s leading citizens who died Tuesday, November 19, 2002 at age 78. (Pg. 33)

Motion by Mr. Skindell, seconded by Ms. Roth, to adopt Resolution No. 7711-02.

Motion adopted. All members voting yea.
….

Communication from Councilmember Dunn regarding Lakewood Citizens Committee to Celebrate Ohio’s Bicentennial. (Pg. 34)

Motion by Mr. George, seconded by Mr. Corrigan, to receive, file and refer the communication to the Finance Committee for the purposes of including it in the 2003 budget.

Suzanne Metelko said she was the representative regarding the Bicentennial and referenced the listing of events Council was provided for the coming year.

Motion adopted. All members voting yea.
….

18. Liquor Permit Application for D2, D2X, D3 and D3A transfers to Jay RRS Inc., d/b/a Richland Cafe, 14027 Madison Avenue, from Richland Cafe, d/b/a Richland Cafe, same address. (Pg. 36)

Motion by Mr. Dunn, seconded by Mr. Corrigan, to defer the application to the next meeting.

Motion adopted. All members voting yea.

…..

Motion by Mr. Seelie, seconded by Mr. Dunn, to adjourn the meeting at 8:48 PM.
Motion adopted. All members voting yea.

Approved:____________________________ ________________________
PRESIDENT

________________________
CLERK