Regular Meeting of the Lakewood City Council called to order at 7:39 P.M. by
Council President Seelie.
Pledge of Allegiance
Roll Call
Moment of Silence
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Present: Councilmembers Brian T. Corrigan, Michael W. Dever, Denis P. Dunn,
Edward FitzGerald, Thomas J. George, Nancy J. Roth, Robert M. Seelie.
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Also Present: Law Director Spellacy, Police Chief Malley, Public Works Director
Boag, Finance Director Blasko, Executive Assistant to the Mayor Benjamin, Assistant
Safety Director for the Division of Building & Housing Gallagher, Acting
Health and Human Services Director Buckon, Executive Assistant to the Mayor
for Community Relations Antonio.
Pledge of Allegiance
Moment of Silence
Roll Call
Reading and Disposal of the Minutes of the Regular Meeting of Council held 2/3/03.
Without objection items 5, 6,7, 8, 9 and add-ons (14 and 15) were brought forward to beginning of agenda. Resolution number corrections were noted for the record. Without objection from Council, public comment was heard following item 15, before the regular order of the agenda.
****OLD BUSINESS****
1. Rules & Ordinances Committee Oral Report regarding Codification.
Mr. Dever submitted the following Report:
The Committee met this evening at 6:55 PM. In attendance were Law Director Spellacy, Councilman George and myself. The emergency ordinance before us tonight was reviewed. It has been a year and a half since the ordinances were codified, specifically sections from the Ohio Revised Code were added. The Committee voted to recommend adoption.
Motion by Mr. Dever, seconded by Mr. George, to receive and file the oral report.
Mr. Spellacy indicated that there was nothing in the ordinance that had not been previously voted on by Council. He said this was codifying ordinances of a permanent nature.
Motion adopted. All members voting yea.
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2. ORDINANCE NO. 9-03 – AN EMERGENCY ORDINANCE to approve the editing and inclusion of certain ordinances and resolutions as parts of the various component codes of the Codified Ordinances and to provide for the publication of such new matter. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 1/21/03, PLACED ON 2ND READING 2/3/03).(Pg. 4)
Motion by Mr. Dever, seconded by Mr. George, to adopt Ordinance No. 9-03.
Motion adopted. All members voting yea.
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3. ORDINANCE NO. 11-03 – AN ORDINANCE authorizing membership in the Suburban Water Regional Council of Governments formed pursuant to Chapter 167 of the Ohio Revised Code to represent the Municipal Corporation members in communications, understandings, uniform approaches and exchange of information between the Council of Governments and the City of Cleveland with respect to water service, system and local operations, rates, maintenance and capital improvements. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 2/3/03)Pg. 6)
Motion by Mr. Corrigan, seconded by Mr. George, to place Ordinance No. 11-03 on 2nd reading and refer it back to the Public Works Committee.
Motion adopted. All members voting yea.
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4. ORDINANCE NO. 12-03 – AN EMERGENCY ORDINANCE to establish appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2003. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 2/3/03) Pg. 8)
Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 12-03, on Second Reading and refer it back to the Finance Committee.
Mr. George indicated two Budget Hearings were held so far, that they have been lengthy, a great deal of information was discussed. He announced that the coming Saturday a Budget Hearing will be held at United Methodist Church, 15700 Detroit Avenue at 9:00 a.m. He said it is anticipated that the Budget will be passed the first meeting in March. He indicated to Finance Director Blasko that he would be contacting her regarding street ideas.
Motion adopted. All members voting yea.
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(Please note correction in Resolution numbers)
5. RESOLUTION NO. 7731(2) -03 – A RESOLUTION commending Donald G. Sharp
Jr. for public service as a member of the Lakewood Planning Commission from
January 1, 1997 through December 31, 2002. (Pg. 16)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7732-03.
Ms. Roth stated under Mr. Sharp’s direction projects such as major undertakings like Lakewood Park, the West End Development, the Dog Park Project have been discussed as well as several other projects. She said that in all projects, she was impressed with Mr. Sharp’s time and attention to the matters as well as his ability to run a disciplined, and fair meeting. Mr. George commented on the breadth of work involved during Mr. Sharp’s tenure and complimented him on his hard work and leadership. Council President Seelie expressed to Mr. Sharp his personal appreciation for Mr. Sharp’s participation in some of Lakewood’s most intense projects.
Motion adopted. All members voting yea.
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6. RESOLUTION NO. 7732(3) -03 – A RESOLUTION commending Heidi E. Paul
for public service as a member of the Lakewood Board of Building Standards/Architectural
Board of Review/Sign Review from January 1, 1998 through December 31, 2002.
(Pg. 17)
Members of Council commended Ms. Paul on her hard work, dedication and commitment to the City.
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7733-03.
Motion adopted. All members voting yea.
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7. RESOLUTION NO. 7733((4)-03 – A RESOLUTION commending Thomas H. Einhouse for public service as a member of the Lakewood Board of Zoning Appeals from January 1, 1996 through December 31, 2002. (Pg. 18)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7734-03.
Councilmembers commended Mr. Einhouse on his work on the Board of Zoning Appeals.
Motion adopted. All members voting yea.
****NEW BUSINESS****
8. Communication from Councilmember FitzGerald regarding Lakewood Public Library Operating Levy and Bond Issue. (Pg. 19)
Motion by Mr. FitzGerald, seconded by Mr. George, to receive and file the communication.
Brian Powers, Chairman of the Bond Issue, commented. Mr. Powers provided that the operating levy, 1) Lakewood Public Library has been recognized as the Best in the Country, number 1 – library of its size for public libraries throughout the United States. 2) Lakewood Public Library spends about $2.13 per items circulated, compared to Cleveland System which spends $9.77 per item, the County spends $4.02 per item, Rocky River, $3.47, and Westlake $3.29. He said Lakewood Public Library was extremely efficient and frugal in fulfilling its mission. 3) The service demands have grown. He said circulation in 2002 went up by 36%. He said at the same time, the Library faces significant budget cuts from the State. He said six times in the last eight years the budget has been cut. He said the operating levy is needed to maintain the improvement in services and position of the library. He said the building levy. 1) Main facility was built in 1953. 2) Citizens of Lakewood in surveys, committees, in vision and planning have consistently requested more space. Both for parking and facilities. 3) The property where expansion of library will be built was purchased for $925,000 – by private funds. He asked what other institution would come forward with nearly a million dollars in private funds in order to provide the services Lakewood Library does. He said that he asked for Council’s support.
Ken Warren, Library Director stated that a citizens group led by Mr. Powers worked on an intensive study, and has provided a 50 year plan. He said that the Board of Trustees for the Library has considered the issue carefully. He said that the reason Lakewood Library is the number 1 library is because there is a high degree of citizen involvement and local control. He said the issue is crucial to the community and appreciated Council’s consideration.
Mr. George said that local control of the Lakewood Library was unique and serves residents more effectively and said he supported the Resolution. Mr. Seelie indicated the library did an outstanding job.
Motion adopted. All members voting yea.
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9. RESOLUTION NO. 7734(5)-03 – A RESOLUTION endorsing the Lakewood Public
Library’s proposed 1.25 mill operating levy and estimated 1.25 mill bond
issue. (Pg. 20)
Motion by Mr. FitzGerald, seconded by Mr. George, to adopt Resolution No. 7735-03.
Ms. Roth indicated that she wanted plans for the Madison Branch of the library to be part of future improvements.
Mr. Warren responded that the Madison Branch is important to Lakewood Library and that the planning is done in ten year strategic cycles. He said over the last ten years, the Library has invested in renovating Madison Branch; putting a new roof on and making it handicapped accessible. He said the operating levy will be going to support Madison Branch, expanding the hours there. He said right now, there is not space available to expand the facility but the dollars from the operating levy would also go to support Madison Branch.
Motion adopted. All members voting yea.
10. Communication from Police Chief Malley regarding Resolution for Rainbow Babies and Children’s Hospital Safe Communities Grant. (Pg. 21)
Motion by Mr. George, seconded by Mr. Dever, to receive and file the communication.
Motion adopted. All members voting yea.
11. RESOLUTION NO. 7735(6)-03 – AN EMERGENCY RESOLUTION authorizing the Mayor, as Safety Director, to enter into an agreement on behalf of the City to accept and expend grant funds, in an amount not to exceed $10,000 from University Hospitals Health System/Rainbow Babies & Children’s Hospital for the purpose of providing targeted enforcement activity within the City of Lakewood. (Pg. 22)
Motion by Mr. George, seconded by Mr. Dever, to adopt Resolution No. 7736-03.
Ms. Roth asked how this would be implemented if it meant speed traps, education programs.
Chief Malley said the different violations that were targeted by the Governor’s Highway Safety Office and proposed by the funding of the National Highway Traffic Safety Administration for the particular violations included media blitzes at the time specific violations would be targeted throughout the county with all the participating departments. He said if it is a speeding week that the enforcement would be running radar in different areas of the City, as with the school zone violations.
Ms. Roth asked what the reference “youthful driver” meant. Chief Malley responded that the youth drivers was an educational effort that coordinated education efforts in the schools addressing the issues of restraint usage, a parent driving and speeding.
Motion adopted. All members voting yea.
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12. RESOLUTION NO. 7736-(7)-03 – A RESOLUTION welcoming you as a new resident of the City of Lakewood. (Pg. 24)
Motion by Mr. George, seconded by Mr. Dunn, to adopt Resolution No. 7737-03.
Motion adopted. All members voting yea.,
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13. Liquor Permit for a C2 permit class to REVCO DISCOUNT DRUG CENTERS d/b/a CVS Pharmacy 3329, located at 11706 Clifton Blvd. (Pg. 25)
Mr. Dunn read from Police Chief Malley’s report stating there was no cause to object. He referred to the Councilmember in the ward of the establishment, Ms. Roth said she had no reason to object.
Motion by Mr. Dunn, seconded by Mr. Seelie, to file no objection to this liquor permit application.
Motion adopted. All members voting yea.
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(ADD-ONS)
14. Communication from Councilmember FitzGerald regarding Lakewood Park Lakefront
Expansion.
Motion by Mr. FitzGerald, seconded by Mr. Seelie, to receive and file the communication.
Mr. FitzGerald said the process for the Lakefront Expansion started several years ago when there was talk about doing something for Lakewood Park. He said many people wanted more than a gravel road, construction fence and no access to the waterfront. He said 252 miles of coast line in Ohio along Lake Erie, six miles reflects the number of miles not privately owned. He said that the coast line has been chopped up and barriers have been erected between average citizens and a great natural resource. He said that 450 lineal feet to the immediate west of Lakewood Park has been identified for extra shoreline. Access Road is proposed to allow western use of beach front. He said that the Administration has worked for the past weeks February 28, grant application deadline. He said that in December the property north of St. Augustine was proposed as a possibility for public property expansion. He said Lou McMahon, Dave Corrigan and others including people from Middaugh consulting have provided free plans. He said Don Rerko has also participated. He said the Administration was quick at responding and has negotiated with the Sisters of Charity at St. Augustine with positive indications so far.
Legal principal, the State of Ohio always has the right to control property which is submerged by water. Past water rights still remain with the state and the City has access to that land through the State. Aerial photographs from 1939 to the present were provided to Council. He said that over the years, dumping of construction fill and excavating soil have provided land is artificial fill. He said that all the territory that has been filled over the years is still accessible to the State.
Lou McMahon, Chairman of Lakewood Lakefront Coalition mentioned co-chair Dave Corrigan was unable to be there that night. Western portion of park was proposed to be used. He said that wasn’t part of the concept plan. Multi-use pier, zigzag path, ADA compliant, was proposed. He said that Mr. Rerko provided drawings that were adopted as part of a concept plan adopted by Council. HE said the plan included Lake walk, sloping hillside with benches and stopping places along the way with multiple access routes. He said the City was rejected when it first applied under the Clean Ohio Conservation Fund with a strict reading of the statute by the Public Works Council. He said the Public Works Council required that in order to be eligible for funds, open space must be acquired. He said that after having acquired open space, the City would become eligible to acquire funds for access to that open space. He said that led to that evening’s proposal which he said was consistent with the concept plan.
He said it meant acquiring beach area west of Lakewood Park immediately below the Cliff, building an access road along the western shoreline to allow service, police and emergency vehicles, open to public. He said the new beach area could provide fishing, kayak or canoe launch, or outdoor classroom natural history, effects of erosion, science, etc. He said that more than anything it gets people down to the water. He said that Don Rerko was contacted to see if it was feasible. He said that Mr. Rerko provided a free rendering of a lakefront plan.
He said they met with Ohio Department of Natural Resources from Coastal Management, regarding regulations and said they were met with positive responses. He said the State of Ohio is supportive of public access to the water that is safe. He said that the proposal would include the zigzag walkway to be ADA compliant, lake walk down by the water, the new road, a set of stairs from the top of the hill. He said that would have to be finalized for the tight deadline. He asked for Council’s support.
Mr. Rerko spoke that the idea was to get a lot of people down there to encourage safety and to include multi-generational activities.
Mr. FitzGerald said that the money being applied for his money separated from other areas of the budget from a previous bond initiative. He said the money is there. He said that if the state money would not be secured it did not mean the project was dead, because the project could be pursued in stages. He said the school aspect was also a criteria to secure the grant and said he was encouraged by administrative support from the schools. He said that the St. Augustine property is shoreline only and involves an easement. He said the wooded area would not be part of the project – only the shoreline.
Ms. Roth asked if the property was ours because the State owned it and whether what was being proposed was for the City to purchase something, if it meant just looking at an easement.
Law Director Spellacy responded that the filled land would be owned by the State of Ohio. He said there was a certain portion below St. Augustine’s that was owned by St. Augustine’s, and a portion that is owned by the State of Ohio. He said what the City would be interested in doing would be either getting the deed to the property that St. Augustine owns at the bottom of the cliff to gain access to the State owned land or getting an easement to allow for access to that additional, 450 lineal beach (approximately).
Ms. Roth asked how much money was being asked for and what it would be spent for. She asked if it would be spent to implement the drawings and if the City needed to come up with a match.
Executive Assistant to Mayor Keith Benjamin that the Administration was still working out the budget for the request and that most likely the request would be a million dollars. He said this was an average request, and the City would need to provide a 25% match for that.
Ms. Roth asked what the money would be used for? Mr. Benjamin responded the money would not only be used for drawings but implementation of the park plan, building of structures. Ms. Roth asked if it meant just the lakefront or in the park. Mr. Benjamin said that it would be for the lakefront portion only.
Mr. FitzGerald said the plan would have to be submitted to the Planning Commission, would require extensive community input and discussion. He said specific decisions have not been made.
Mr. Seelie said that previous beach proposal discussions did not include the property in front of St. Augustine’s. He said previous beach plans faced concerns from the Army Corps of Engineers regarding the possibility of erosion should something be built straight out. He said the area was new and that the Lakewood Lakefront Coalition exemplified public participation and said he could not say enough of what the group has brought to Council’s attention over the last couple of years.
Mr. George said that he appreciated the added effort to provide a funding source along with a proposal.
Motion adopted. All members voting yea.
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15. RESOLUTION NO. 7738-03 – AN EMERGENCY RESOLUTION authorizing and directing the Mayor, on behalf of the City, to apply for financial assistance under the Clean Ohio Conservation Fund Program in support of the expansion, restoration and revitalization of the lakefront at Lakewood Park.
Motion by Mr. FitzGerald, seconded by Mr. George, to adopt Resolution No. 7738-03.
A citizen asked if St. Augustine did not give the easement and wanted to sell to the City the portion of land, if the one million dollars being applied for - would it be taken from that? Mr. Spellacy said he did not want to suggest any of this would be for free. The citizen referred to the fishing pier and said it was her recollection that many neighbors in the area opposed the idea, not wanting people going back and forth day and night. She said that parking would be a problem too.
Motion adopted. All members voting yea.
Ending comments from Councilmember Corrigan commending Firefighters who rescued eighteenth month old and a six month old from the second floor of a burning home on Lewis. He asked Chief Malley to pass along commendations to the safety forces. Mr. George suggested a resolution.
Ms. Roth said she understood that money for adult protective services would not be available this year. She said she also understood that no money would be provided for mandates that enable the City to take action on adult protective services cases. She asked if a local ordinance could be passed so that the City could continue to have authority to take action in cases where adult protective services were necessary. Mr. Spellacy said that he would get back to Ms. Roth with an response. She said her concern was whether authority would still be given for someone to enter a home should there be suspicion of abuse.
Meeting adjourned 9:54 PM.
Approved:____________________ ________________________
PRESIDENT
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CLERK