MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
DECEMBER 16, 2002
7:30 P.M.
Regular Meeting of the Lakewood City Council called to order at 7:45 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, Robert M. Seelie, Michael J. Skindell.
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Also Present: Mayor Cain, Law Director Spellacy, Finance Director Blasko, Police
Chief Malley, Fire Chief Mroz, Public Works Director Boag, Planning & Development
Director Pietravoia.
Pledge of Allegiance
Moment of Silence
Roll Call
Motion by Mr. Corrigan, seconded by Mr. Dunn, to excuse the absence of Ms. Roth.
Motion adopted. All members present voting yea.
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Reading and disposal of the Minutes of the Regular & Special Meetings of Council held 6/17/02, 7/15/02, 7/30/02, 8/12/02, 8/20/02, 8/23/02, 9/3/02, 10/7/02 and 12/2/02.
Motion by Mr. Seelie, seconded by Mr. George, to defer the minutes.
Motion adopted. All members voting yea.
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1. Committee of the Whole Oral Report regarding Ordinance 146-02- Community
Development Plan for the West End District.
Mr. Seelie submitted the following Report:
The Committee of the Whole met earlier this evening in public to discuss the West End Community Development Plan. On December 12th we had a public hearing which is required by Chapter 153. The City reviewed the recommendations for revitalization and redevelopment of the West End and the Community Development Plan. It was based originally from 1993 the Lakewood Community Vision and then more recently in the Mainstreet Study and addition we summarized the recommendations of the Planning Commission regarding the Community Development Plan. The Commission voted unanimously to approve the findings of the Plan and recommended that Council adopt the West End Community Development Plan. That was prepared in 2002. City Council took no formal action on adoption of the Plan at that December 12, Committee Meeting. There was a motion made to approve to delete all references to CenterPoint Development Proposal from the Plan and to replace the economic analysis which would use the Center Point Proposal as a baseline with one that used hypothetical developments. That is in the amended plan. Councilman Skindell presented a number of revisions to the plan text for consideration by Council particularly in the Action and Strategy session of the Plan. The Committee of the Whole voted unanimously to recommend those revisions and also revisions form other Members of Council with the understanding that there were no boundaries on land use changes and at the revisions that were determined not to be substantial changes and therefore would not need to be referred back to the Planning Commission. The Committee of the Whole did find that the West End Community Development Plan is in conformity with the Lakewood Community Vision and the City’s Long Range Master Plan, that the Findings of the Plan were accepted and that the public actions and policies proposed in the Plan as revised this evening are necessary and appropriate in order to eliminate the conditions formatted in that report. The Committee of the Whole voted unanimously to recommend adoption of Ordinance 146-02 as amended to approve the findings and determinations of the West End Community Development Plan and to adopt the Plan this evening.
Motion by Mr. Seelie, seconded by Mr. George, to receive and file the oral report.
Mr. George said Council separated references to Center Point Development from the Community Development Plan. He said the Community Development Plan indicates the area is prime for development should development be encouraged there which he said it should. He said adoption of the Plan does not identify specific parcels for development, does not encourage a particular development does not approve eminent domain, it does not approve financing. He said the action sends a message to potential developers that the City is willing to hear from them in this particular area.
Mr. Corrigan read a few remarks as follows:
New Development In Lakewood are words not usually found on the same page much
less in the same sentence. The City, however, over the last 10 or so years has
set in motion certain motions and certain studies and plan to explore, plan
for and help to attract development in order to stay competitive in an ever
changing city-wide, county-wide, national and global economy. We have fought
hard to retain and nurture existing businesses as well as attract business opportunities
to strengthen out city’s well-being. The Community Vision adopted in 1993
and the Main Street Study have in fact identified the current West End District
as well as other key, strategic areas of the City as areas that would benefit
form economic development. These studies have, in fact, attracted a developer
to express serious interest in the area known as the West End or Scenic Park
and they have presented their plan. When somebody wants to make a significant
investment into this community it’s our responsibility as city officials
to seriously consider the offer and weigh the costs versus the benefits that
such an investment would incur. With this being said I must address the question
what is our present duty here tonight. The focus of this Council tonight is
to send a clear message that in accordance with the Community Vision and the
Mainstreet Study that we do in fact encourage and are actively engaged in attracting
economic development. The Community Development Plan, which is the only thing
before us this evening, states that we as a City are open to in fostering of
economic development in this area. An affirmative vote in favor of economic
development is what I will be casting this evening. And affirmative vote at
tonight’s meeting on the economic development plan should in no way be
interpreted as an endorsement of the current design for development in the area.
As I sit here tonight, the current CenterPoint Plan as presently proposed and
financed is, for my taste, too invasive into the residences and finances of
the City as well as having currently too many unanswered questions both study-wise
and fiscally. The 2002 Report of the League of Women Voters of Cuyahoga County
recognized that our private property rights are important but rights always
come with responsibilities. Achieving a proper balance between the common good
and the private rights will help sustain and stabilize our community, thereby
protecting our properties. The current Community Development Plan for this area
will greatly help attract economic development however the current Plan as proposed
by the Developer has yet to achieve the proper balance for the common good of
our City.
Motion adopted. All members voting yea.
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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, PLACED ON 2ND READING 12/2/02)(Pg. 5)
Motion by Mr. Skindell, seconded by Mr. George, to amend the Community Development Plan for the West End District to reflect the changes in the two documents provided to Council this evening. The first document at the top says amended 12/16/02, Lakewood Community Development Plan, Section C, Actions to Achieve the Development Objective and Eliminate “blight influences obsolescence” and it amends pages 29 through 38, of the Economic Development Plan. In addition, there is a memorandum to Frank Pietravoia from David Hartt dated December 16, 2002, and it has amendments to page 14, 27 and 28, page 40, page 56, 57, 65, 63 and 115.
Yeas: Corrigan, Dunn, FitzGerald, George, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 146-02 is amended.
Mr. Skindell provides the following explanation of the amendments:
To the Economic Development Plan, there are a series of actions and strategies to achieve this development. Those actions are listed on pages 29 through 38. It identifies two major project areas, identified as Project 1 and Project Area Number 2. In the Development Plan prior to the amendment it listed those project areas slated for what was classified as re-development and it seemed when you read through that term itself was very narrow and provided very little options in obtaining the goals of the general plan. The amendment is to add the phrase to redevelopment – the term, “rehabilitation” so it now reads redevelopment/rehabilitation. Although the general goal of the Plan is for redevelopment I will note directly now from the amendment “…it is also understood that if the City determines that redevelopment is not feasible and rehabilitation of portions of the project area will be consistent with the objectives of this Plan, the City may employ rehabilitation strategies in those designated area”.
In addition, on Page 35 – there is a section that we have added regarding the Redevelopment and Rehabilitation of these two arias. That this Redevelopment and rehabilitation, “shall encourage high performance building standards, green architecture, and other related sustainable design and building practices to ensure that Lakewood is an environmentally responsible, profitable, and healthy place to live and work.
Another note; - he said – amendments contain language that should rehabilitation occur it provide some objectives for the City’s developed programs to spur that rehabilitation to provide programs to homeowners, etc.
In addition, in the memorandum, the Development Plan, as Councilman George has noted and another councilman has noted was too tied with a specific development proposal. Council wanted to separate the two. Therefore, the amendments on pages 14, 27, 28, 40, 56, 57, 65, 73 and 115 remove references to the CenterPoint Properties proposal and in addition it replaces an economic analysis that was based upon the CenterPoint Proposal with an economic analysis that provides a low range of development, moderate range of development and a high range of development and that economic analysis is now being substituted in the amended Economic Development Plan.
Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Ordinance No. 146-02, with the amended Community Development Plan and concur with the Planning Commissions recommendation on the Community Development Plan.
Mr. Seelie said that after hearing input from citizens, having received the recommendations and having input from professional consultants that it was time to move forward on the Plan. He said economics plays an important role in the quality of life of citizens and that changes are inevitable. He said the City had an obligation to provide input and guidance on the direction for those changes.
Mr. Skindell said he wanted to preserve essence of what it meant to live in the City of Lakewood along when moving forward on improving it’s economic base.
Mr. FitzGerald said the City had demands on it which included some challenges like being close to a big City and incurring some of the problems associated with a big city, having an aging infrastructure and limited resources. He said that each year during Budget Hearings there are a list of projects, programs and services that are asked for and many that cannot be provided. He referred to the previous mention of economics and said that in large part it was about economics. He said when there is talk about designating an area for redevelopment its not just for the ability to have shops available or to make an interesting area. He said that there was a necessity to increase the tax base in the community and that without increasing the tax base, all the things that people like about Lakewood will not be able to be supported. He said that without attracting new businesses to the City, as the infrastructure continues to age there will not be enough money to pave enough roads, pay for recreation programs, schools will not be funded.
He said that anyone who runs for office has faced the question; why are our taxes so high. He said one of the fundamental reason is because the City’s tax base is so slim.
He said that everything that was presently seen in Lakewood was a result of a choice in development. He said development would occur whether the City chose the development or outsiders chose. He asked people to review the types of businesses that have come to Lakewood and included used car lots, auto change places, check-cashing businesses. He asked if the direction these types of businesses headed the City in were the best types to provide the City’s economic base. He said types of businesses described were allowed to dictate the direction of the City it would deteriorate. He said that then people would question if the City ever had an opportunity to do something different, make hard choices and choose the type of development people want to have. He said based on that he would support the plan.
Mr. FitzGerald said that negotiations with CenterPoint Development are beginning and that a lot of hard bargaining would have to occur. He said that if the Plan was not passed, the negotiations would stop and said that it would foolish to “short circuit” the negotiations by not approving the Plan.
Mr. George commented on previous comments stating that Lakewood has among the highest increase in residential property values over any community in Greater Cleveland over the past three years. He said the Developers said at their presentation at McKinley School the Developers said that one of the reasons they’re so interested in Lakewood is that that there was a huge market in Lakewood and a tremendous interest. He said that he receives calls on a fairly regular basis of people who want to develop, build and do things in Lakewood. He said he did not see Lakewood as a City in decline to justify making a risky investment of tax money. He said there were developments like Euclid Square Mall that were touted as huge saviors for the City and if people didn’t get on board with the change the City would fall in decline. He said the development itself created a huge drain. He said development and change were necessary and indicated that sound developments were also necessary.
Mr. Dunn said community was a top priority. He said that a citizen mentioned to him that if the City went through the development, tore down all the buildings in that area, and put up a drug store that he (Mr. Dunn) would have to seek political asylum. He said he heard from someone else that in Europe, they don’t tear down and rebuild they reinvest, renew and revitalize. He said the only country there was redevelopment was in Germany after World War II. He said the goal was to make an improvement to the community.
Citizen opposed to approval of the Ordinance stated legislator’s duty was to represent people not corporations and special interests. Citizen favoring approval of Ordinance. thanked Council for being thorough, Mr. Dunn for adding Green Architecture, Mr. George for timeliness of Committee Meeting, Mr. FitzGerald for statements the approval of the Ordinance would be on the City’s timeline, not the Developer’s, for Councilman Corrigan’s consideration of financial impact. She said it was refreshing to know Council listened to all points of view. She said many people present were not speaking and have signed contracts with CenterPoint. She said that some did not want their neighbors to know they signed a contract. She said they did not want to be “accosted” on their street, with questions like, why did you “sell out”. She said there was back and forth talk that 70% of the people signed, and that she received a letter from CenterPoint that 70% of the homeowners had signed. She asked if there was an actual number. How many homes there are and how many homeowners have singed a contract.
Mr. FitzGerald responded that the way he counted the parcels, there were 53 residential homes. He said that it was brought before Council last time that there had been representation from the Developers that 39 of those 53 had signed contracts. He said there was representation from people in the neighborhood who believed it was significantly less than that. He said that he asked the Developer to come to his office that day and provide the contracts. He said he wanted to see the contracts, the signatures of the homeowners on the contracts to represent to the full members of Council and citizens the exact number. He said there were 39 people listed as owners of the properties who have sold them. He said that some them don’t want it publicly known that they sold, others, have come forward and stated they were not for selling and were not owners of the structures they lived in. He said that does not count apartment buildings and does not count businesses.
Steve Levine, President of Lakewood Chamber of Commerce responded in favor of the ordinance - thanked City Council for support of Community Development. He said the Chamber looked forward to working with the Administration and the businesses community as the City moved forward on the project.
Citizen responded in opposition to the ordinance, asked if City Council, Planning Commission and Mayor done their homework in that presently there was still no Feasibility study, cost analysis, traffic study, or EPA study. He asked if there was field trips to other CenterPoint Properties or similar type projects. He said that the magnitude of this project warranted in-depth study. He asked if Chamber of Commerce provided information on positives or negatives a Development would have on existing businesses. He asked if the City has asked questions he said were crucial like ;Should we do it, can we afford it, how big should it be, are the economic times right, how will it effect the rest of the City. He asked why eminent domain was being talked about indicating he thought this was supposed to be the first phase of the process. He asked where the staunch supporters of the project were if the project was supposed to be considered a positive development. He said that there had been no citizen-driven desire for the project.
The said that he surveyed Madison and Detroit Avenues and counted 524 stores that were occupied. He said 132 were vacant. He said that was a 20 percent vacancy rate.
Citizens opposed to approval of Ordinance indicating, project was mishandled, there were promises that were not followed through from the City (traffic effects).
Motion by Mr. Skindell, seconded by Mr. Dunn, to include comments that were provided in a letter by Mr. Harrison Wiltse of 1412 Gridley and provided to all Members of Council be included as part of the official comments. (Attached).
Resident opposed approval of the ordinance, took issue with label that area was blighted, opposing what he said was taking of private property.
Resident said that once plan was adopted, CenterPoint would probably be the developer. He asked if that adoption of the plan should not be used as leverage to get people to sign a contract. He asked about the 14 people who didn’t sign
Mr. FitzGerald responded that people who have already signed contracts, those contracts expire on December 31st. At that time, the Developer must take the next step making good on his offer. Mr. FitzGerald said the negotiations with the 14 people would be ongoing. He said Council had to balance the awareness that people who have signed are being left “in limbo” with considerations Council hast to make while doing its due diligence.
Resident asked what happened to residents who have signed contracts and the final project was not approved . Mr. FitzGerald responded that after December 31st, it doesn’t mean those individuals who signed contracts, it didn’t’ mean the purchase of the homes would actually take place. He said it was called a “hard offer” at that point and it obligates the Developer, it increases the penalty to the Developer if the contracts were not fulfilled. He said it may be about $1,000. He said that would be the Developer’s risk.
The resident said there was no end-date for the declaration of the area as blighted. Another indicated the desire to choose projects that maintained the integrity of Lakewood. A speaker said he thought it was odd that 39 homes are under option and at this date the issue is coming before Council for consideration. He said that he was sure any City Planner would not think the area being considered was not the area that needed most attention. He asked how could anyone insult the residents claiming the area was blighted. He said the area was picked by the developer and after all the thing was flowed through the City. He said the plan the Developer has provided was almost an extension of Rocky River. He said that there was no room for development in the area if a development did go in there. Issue should be looked at, homes should not be subject to eminent domain, and that all of the proposals and plans should have a complete, full viewing.
Mr. Krantz said he was there on his behalf of himself and other apartment owners and that they were not interested in selling. He said that the City was two years into the project and that there was no budget to determine if it was feasible. He read from Crains Magazine and referred to three apartment building have transferred for $60,000 a suite. He said some of these buildings sold for $70,000 a suite. None of them were Lake front property. He said that because the stock market is hurting that out of town people are coming in and spending a lot of money for real estate. He said that he and others knew why their buildings were wanted and that people were going to pay for it, if they wanted them. He said they were not talking about $60,000 a suite, and were talking $70,00 a suite. He said that $70,000 a suite, multiplied by approximately 600 units, that’s 42 million dollars. He said that was seven million dollars over budget. He said that doesn’t include their pre-payment penalties that they’ll all have to pay if you take us out of our mortgage. He said this is not possible and nobody would know it because nobody is doing their due diligence. He indicated a memo that was handed out to residents that said the Developer had 500 violations. He found it odd that one proposal was before Lakewood, because he said Brunswick had three proposals from three of the biggest developers.
Revitalization rather than demolition was encouraged by another resident. Another resident opposed passage of the ordinance indicating it was morally and legally wrong to designate the area as blighted. Three more residents rose to oppose approval of adoption of the ordinance. A resident asked that the issue be placed on the ballot.
Yeas: Corrigan, Dunn, FitzGerald, George, Seelie, Skindell
Nays: None
Motion adopted. Ordinance 146-02 adopted.
Chair calls for a five minute break. Without objection from Council Public comments is heard at this time.
3. Committee of the Whole Oral Report regarding Ordinance 149-02 – Engage
Firms to Provide Professional Services related to West End Development Project.
Mr. Seelie submitted the following report:
Earlier this evening the Committee of the Whole met an decided to go ahead and pursue professional services n the form of assistance with expertise in the financial and other logistical areas regarding the West End Development.
Motion by Mr. Seelie, seconded by Mr. George, to receive and file the oral report.
Motion adopted. All members voting yea.
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4. ORDINANCE NO. 149-02 – AN EMERGENCY ORDINANCE authorizing the Council President 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, PLACED ON 2ND READING 12/2/02)(Pg. 9)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Ordinance No. 149-02.
Motion adopted. All members voting yea.
Ordinance No. 149-02 adopted.
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5. Finance Committee Oral Report regarding Ordinances Nos. 153, 154, 155, 156(-02) and Resolution No. 7712-02.
Mr. George submitted the following report:
Your Finance Committee met prior to tonight’s Committee of the Whole Meeting and Council Meeting to discuss the items 153, 154, 155, 156 (02) and Resolution 7712-02. There are substitutions for 153-02, 154-02, 156-02 and Resolution 7712-02.
153-02- Additional Appropriation which is a result of needing additional funds in various departments than what was budgeted earlier in the year. An additional $250,000 request by Winterhurst, $10,000 to General Fund for Council Consultant on West End Development Project, There’s $880,000 additional from Water Fund, transfer from GO for the Hilliard Road Improvements that were made over the summer. In addition to that there’s $340,000 from the Hospitalization Fund that needs to be allocated. Ordinance 154-02 – transfer is for $250,000 was discussed in Budget Hearings. Ordinance 155-02 is a Temporary Appropriation – that is the Budget from January 1, 03 to March 31, 2003, that was based on November 15, 2002 preliminary budget and allows us to operate the City for three months until we’re able to adopt a permanent budget. Ordinance 156-02 is the Professional Services Contract. I had contacted Director Blasko, and asked her to reduce the Professional Services by ten percent across the board for each of the 82 items. She came back with a revised, although not a ten percent across the board, Professional Services Contract Ordinance and that should be provided to you. It provides in many instances the reductions that we requested for a total savings $244,000 from the revision. I assured Department Heads that were there that if in fact, there’s a necessity to come back to Council for additional appropriation that we’re very receptive to that. We’re simply in this lean, budget times, making every effort to trip costs. Resolution 7712-02 is Membership Resolution and most of the cost associated – the Ohio Municipal League, the Cuyahoga County Mayors and Managers Association, National League of Cities and NOACA account for about 44 percent of the $48,000 total in memberships. There is an addition, and is provided in your materials and that is the Cuyahoga County Fire Chiefs. The Finance Committee voted unanimously to recommend adoption of all five this evening.
Motion by Mr. George, seconded by Mr. Seelie, to receive and file the oral report.
Motion adopted. All members voting yea.
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6. 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. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 153-02 PLACED ON 1st READING & REFERRED TO THE FINANCE COMMITTEE 11/18/02, PLACED ON 2ND READING 12/2/02)(Pg. 10)
Motion by Mr. George, seconded by Mr. Seelie, to substitute Ordinance No. 153-02
Yeas: Corrigan, Dunn, FitzGerald, George, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 153-02 substituted.
Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance 153-02 as substituted.
Yeas: Corrigan, Dunn, FitzGerald, George, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 153-02 adopted as substituted.
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7. ORDINANCE NO. 154-02 – AN EMERGENCY ORDINANCE to authorizing the transfer of certain funds. (PLEASE SUBSTITUTE FOR ORDINANCE NO. 154-02 PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/18/02, PLACED ON 2ND READING 12/2/02)(Pg. 12)
Motion by Mr. George, seconded by Mr. Dunn, to substitute Ordinance No. 154-02
Yeas: Corrigan, Dunn, FitzGerald, George, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 154-02 substituted.
Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance 154-02 as
substituted.
Yeas: Corrigan, Dunn, FitzGerald, George, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 154-02 adopted as substituted.
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8. 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, PLACED ON 2ND READING 12/2/02)(Pg. 14)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance 155-02 .
Motion adopted. All members voting yea. Ordinance No. 155-02 adopted.
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9. 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. (PLEASE SUBSTIUTE FOR ORDINANCE 156-02 PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 11/18/02, PLACED ON 2ND READING 12/2/02)(Pg.17)
Motion by Mr. George, seconded by Mr. Seelie, to substitute Ordinance No. 156-02
Yeas: Corrigan, Dunn, FitzGerald, George, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 156-02 substituted.
Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance 156-02 as substitute.
Yeas: Corrigan, Dunn, FitzGerald, George, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 156-02 adopted as substituted.
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10. RESOLUTION NO. 7712-02 – A RESOUTION authorizing the Director of Finance to pay the cost of memberships of municipal employees and/or Departments and Divisions in certain associations for the year 2003 and declaring such memberships to be in the public interest. (PLEASE SUBSTITUTE FOR RESOLUTION NO. 7712-02 REFERRED TO FINANCE COMMITTEE 11/18/02)(Pg.20)
Motion by Mr. George, seconded by Mr. Seelie, to substitute Resolution No. 7712-02.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Resolution No. 7712-02 substituted.
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7712-02 as substituted.
Yeas: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell
Nays: None
Motion adopted. Resolution No. 7712-02 adopted as substituted.
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11. Housing Committee Report regarding Proposed Resolution No. 7710-02; Expanding
Community Reinvestment Area to include Condominium Units in Tax Abatement Program.
(Pg. 24)
Motion by Mr. Skindell, seconded by Mr. George, to receive and file the report.
Mr. Skindell said that this includes condo units as well as the association, and increased benefits to one and two-family homeowners. He said before, if a person made a $20,000 investment to their home and it increased the tax assessed value of the property the abatement was only for five years. He said this extend the abatement to ten years. For the Association, for major projects there’s a five year abatement for projects between $5,000 and a million dollars and a ten year abatement for a projects of a million dollars. He said the average condo in the city was about 100 units and divided to equal about what a homeowner would be getting. He said building code and ordinance compliance were also required to take advantage of the program as opposed to before.
Motion adopted. All members voting yea.
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12. RESOLUTION NO. 7710-02 – A RESOLUTION 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 and common areas in the tax abatement program. (PLEASE SUBSTITUTE FOR RESOLUTION NO. 7710-02 PLACED ON 1ST READING & REFERRED TO THE HOUSING COMMITTEE 11/18/02, PLACED ON 2ND READING 12/2/02) (Pg. 25)
Motion by Mr. Skindell, seconded by Mr. George to substitute Resolution No.
7710-02.
Yeas: Corrigan, Dunn, FitzGerald, George, Seelie, Skindell
Nays: Non
Resolution No. 7710-02 substituted.
Motion by Mr. Skindell, seconded by Mr. George to adopt Resolution No. 7710-02 as substituted.
Yeas: Corrigan, Dunn, FitzGerald, George, Seelie, Skindell
Nays: Non
Resolution No. 7710-02 substituted.
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13. 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, PLACED ON 2ND READING 12/2/02))(Pg.28)
Motion by Mr. FitzGerald, seconded by Mr. Skindell, to adopt Ordinance No. 150-02.
Motion adopted. All members voting yea.
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14. Rules and Ordinances Committee Oral Report regarding Ordinance 136-02 – Increased Penalties for Excessive Speeding.
Mr. Skindell submitted the following report:
Your Rules & Ordinances Committee met on three occasions to discuss Proposed Ordinance 136-02 which deals with increased penalties for speeding violations over a certain speed which was brought forward jointly by Councilman Thomas George and Councilman Robert Seelie. We had a most recent meeting this evening. We have before Council a substitute Ordinance which we need to address. The substitute ordinance does an number of things. First, in a School Zone, if you speed in excess of 15 mph over the speed limit the penalties increase as well as in a normal speed zone. If you speed in excess of 20 mph over the speed limit the penalties increase to between $150.00 and $500.00 which is an unclassified misdemeanor. The reason why we made it an unclassified misdemeanor in part was by the input of Judge Carroll who sat during one of the Committee meetings, the City would not be incurring additional costs with regard to appointment of Counsel. If it was a classified misdemeanor involving a term of imprisonment we would have to costs appointing Counsel. This saves us. In addition, there’s a section brought in dealing with traffic, motor vehicle violation within a construction zone. The penalty doubles. I want to commend Councilman George and the special work of Assistant Law Director Jennifer Mladek as well as Law Director Kevin Spellacy.
Motion by Mr. Skindell, seconded by Mr. George, to receive and file the oral
report.
Mr. George thanked the Cain Administration, Members of Council and particularly
Jennifer Mladek from Law Department, Kevin Spellacy and particularly Judge Carroll.
He said that this is one of the highest ranking concerns many of the constituents
have – excessive speed.
Motion adopted. All members voting yea.
….
15. ORDINANCE NO. 136-02 – AN ORDINANCE to amend section 303.99, Traffic Code, Misdemeanor Classifications and Penalties, of the Codified Ordinances of the City of Lakewood for the purpose of creating enhanced penalties for Traffic Code violations that occur within construction zones and for driving in excess of twenty miles per hour over the speed limit in other areas. (PLEASE SUBSTITUTE For Ordinance 136-02 PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE & LAW DEPARTMENT 9/3/02, PLACED ON 2ND READING 9/16/02) (Pg. 29)
Motion by Mr. Skindell, seconded by Mr. George, to substitute.
Yeas: Corrigan, Dunn, FitzGerald, George, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 136-02 substituted.
Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 136-02 as substituted.
Yeas: Corrigan, Dunn, FitzGerald, George, Seelie, Skindell
Nays: None
Motion adopted. Ordinance No. 136-02 adopted as substituted.
….
16. 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. (DEFERRED 12/2/02) (Pg. 33)
Mr. Dunn reads from Police Chief Malley’s report which stated there was no cause to object. He asked the ward Councilmember for the area of the establishment - Mr. Seelie if there was any reason to object, Mr. Seelie responded that he had none.
Motion by Mr. Dunn, seconded by Mr. Seelie, to file no objection to the liquor permit transfers.
Motion adopted. All members voting yea.
….
****NEW BUSINESS****
{Without objection from Council, Items 19 and 20 were read before Item 18}
17. Communication from Councilmembers Dunn, Corrigan, FitzGerald, George, Roth,
Seelie and Skindell regarding Resolution honoring Michael Skindell. (Pg. 35)
(Resolution was originally numbered 7712-02)
Motion by Mr. Seelie, seconded by Mr. George, to receive and file the communication.
Brittany O’Connor said she did not want to diminish all of the other important work Councilman Skindell has done, she was there to represent FIDO. The group, working with the city to establish an off-leash dog park. She said that she wanted to thank Mr. Skindell for his strong support.
Mr. Seelie said that as was shown tonight Mr. Skindell was a Councilmember who has done outstanding work..
Mr. FitzGerald said that Mr. Skindell consistently looked out for the common person in all the issues brought before him, that he would be missed.
Mr. Corrigan said Mr. Skindell was detail-oriented and that this brought good results and provided Council with thought provoking issues. He said he would be missed.
Mr. George said he enjoyed working with Mr. Skindell, that Mr. Skindell had integrity and always stood up for what he believed in.
Mr. Dunn indicated he had so many things to say he didn’t no what to say. He said he felt gratitude, and it meant a lot to him when Mr. Skindell encouraged him to run for City Council. He said that Mr. Skindell has been a thorough and exacting legislator. He said that he has lived by principle and has advocated for those who don’t always have a voice. He said he has always known Michael to be someone of his word. He said that Mr. Skindell always had the courage to fight for what was right.
Mayor Cain said that Mr. Skindell brought great passion and dedication to his service.
Mr. Skindell thanked everyone for their words. He said they meant a lot. He thanked the citizens of Lakewood for the honor of serving in the capacity. He said that he has grown a lot over the years. He said he was also grateful to Council staff. The thanked members of the Administration and the citizens he said who took time to attend Council meeting and provide him with needed input. (Applause)
….
{Please note numbering to avoid duplication}
18. RESOLUTION NO. 7712-02(A) – A RESOLUTION honoring Councilman at Large
Michael Skindell for his dedicated service to the citizens of Lakewood, Ohio.
(Pg. 36)
Motion by Mr. Seelie, seconded by Mr. George, to adopt Resolution No. 7712-02(A).
Motion adopted. All members voting yea.
….
19. Liquor Permit Application for D2, D2X, D3, and D3A stock transfers to Merry Arts Pub and Grille, Inc. d/b/a Merry Arts Pub and Grille, 15607 ½ Detroit Rd., 1st Fl & Basement, Lakewood, Ohio 44107. (Pg. 37)
Mr. Dunn reads from Police Chief Malley’s report which stated there was no cause to object. He asked the ward Councilmember in for area where the establishment - Mr. George, if there was any reason to object, Mr. George responded that he had none.
Motion by Mr. Dunn, seconded by Mr. Seelie, to file no objection to the liquor permit transfers.
Motion adopted. All members voting yea.
….
20. Liquor Permit application for D1, D2 and D3 transfers to 3 Corners LLC d/b/a 3 Birds, 18515 Detroit Avenue, Lakewood, Ohio 44107 from D TS Saloon Inc, Alan D. Greenberg , 12011 Detroit Avenue, Lakewood, Ohio 44107. (Pg. 39)
Mr. Dunn indicated it was his understanding that the application was still being investigated and that an extension be requested.
Motion by Mr. Dunn, seconded by Mr. Corrigan, to defer action on this liquor permit application.
Motion adopted. All members voting yea.
Meeting adjourned. 11:03 PM.
Approved:_______________________ ____________________________
PRESIDENT
___________________________
CLERK