MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
June 16, 2003
7:30 P.M.

Regular Meeting of the Lakewood City Council called to order at 7:30 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: Mayor Cain, Law Director Spellacy, Finance Director Blasko, Public Works Representative Bob Brady, Police Chief Malley, Planning & Development Director Pietravoia, Assistant Safety Director for the Division of Building & Housing Gallagher, Human Services Director Buckon, Executive Assistant to the Mayor Benjamin, 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 5/19/03.

Motion by Mr. George, seconded by Mr. Seelie, to approve the Minutes of 5/19/03. without the necessity of a reading.

Without objection from Council items 10, 11, 12, 13, 14 and 15 are brought forward.

Motion adopted. All members voting yea.
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Without objection from Council public comment was heard after item 11.

Without objection from Council, items 6, 7, 8, 9,

****OLD BUSINESS****

1. Committee of the Whole Verbal Report regarding hiring an independent negotiator.

Mr. Seelie submitted the following report.

The Committee of the Whole met this evening to discuss selecting an independent negotiator pertaining to the West End Development project. The individual’s name that came up was Mr. James McMonagle, a former judge with a distinguished legal career. The Agreement was signed today by the Mayor – in that Agreement we have 15 days to hire an independent negotiator as stated in that Agreement. After those 15 days, that negotiator will get back to us. Mr. McMonagle’s agreed to work until the job is finished. He will send in one report but it may be a preliminary one. It’s not to exceed contract of $10,000. He will be contacting all of the properties and that will be I believe 20 out of the 66 that either are negotiating, do not want to negotiate or there’s nothing moving.

Planning and Development Director Pietravoia said that the number that was just quoted includes the commercial property as well as residential and it’s probably just a little over 20.

Mr. Seelie resumes:

The former Judge McMonagle will be contacting both the residential and the commercial. I’m not doing him justice, I know some of the attorneys here know him much better, know of his background but this evening there was a unanimous decision, Councilman Corrigan was not there.

Mr. Corrigan inserted into the report that he knows Jim McMonagle, that he had met with Judge McMonagle and knows him to be fair, and very well respected in the legal community and stated he was in favor of the nomination.

Mr. Seelie continued:

Recommended unanimously James McMonagle as our negotiator. The contract will be between the City Council and Mr. McMonagle, the contract is being drawn up sometime this week and will be signed by Council.

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

Mr. George stated there were no guarantees this would be successful that there were some property owners in the area that made a decision not to sell under any circumstances. He said Judge McMonagle will report back to Council in 15 days but that his findings would not be binding. Mr. George said that one of the advantages in having an independent negotiator is that the person would be working for City Council – and had no financial interest in the transaction where the Developer did.

Sloane Avenue resident said that the use of eminent domain was hard on people, time consuming and expensive. Another resident asked about the attorneys’ fees due to the School Board regarding West End and Mr. Coyne’s fees to date.

Mr. Spellacy responded that Mr. Coyne’s fees to date was approximately $18,000. He said that the School Board’s (legal) fees were not to exceed $20,000. He said the City has not yet received a bill. He said that both the fees will be reimbursed - paid out of the TIF proceeds.

ON the motion to receive and file the verbal report.
Motion adopted. All members voting yea.
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2. Liquor Permit for a D3A permit class to Patrick M. Sullivan, d/b/a Inne Irish Pub & Restaurant, 13368 Madison Avenue, Lakewood, Ohio 44107. (Deferred 5/5/03, and 5/19/03)(Pg. 4)

Mr. Dunn said that the Planning Commission considered extending the application for the extension of parking from its current 1:00 a.m. to 2:30 a.m. and granted it. He said they approved it with conditions. The parking lot closed at 2:00, closed and chained by 2:30 Monday through Saturday. The property obtain the liquor permit, all existing conditions previously met be enforced, that a security guard be present at the exterior of the property every Friday and Saturday from the hours of 10 PM to 2:30 a.m. – parking lot closed and chained by the security guard at 2:30a.m. That there be a right turn only out of the parking lot, the lights be shielded from the neighborhood, in addition, a 7 foot high fences installed, set back. Signage be posted on the back door reminding patrons they were in a residential neighborhood to behave accordingly. Mr. Dunn said the Planning Commission granted the extension on a six month basis and they asked the applicant to come back to give a progress report. He said that that should not have an effect on our vote this evening.

Mr. Dunn said at the last meeting it was recommended by the Public Safety Committee that Council files no objection to the extension of the liquor permit.

He said that as discussed Mr. Sullivan has made a significant investment in the community and was running an upscale establishment. He said the establishment was not marketed to 20 something crowd – that he wasn’t having rock bands, but cultural events – that the crowd he was trying to attract was more mature. Mr. Dunn said that because the community was so densely populated there had to be a reasonable tolerance for commercial activity. He said that the liquor permit should be approved, that it was good for economic development, not just for Madison but sets a welcoming business precedent.

Motion by Mr. Dunn, seconded by Mr. FitzGerald, to file no objection.

Mr. FitzGerald said that a month ago, some councilmembers had reasonable objection for the request for the permit at that time because it would have been granting it without knowing what the Planning Commission was going to do. He said that grounds for objections have passed now with conditions being met.

Mr. Seelie asked what the Planning Commissions formal determination. Mr. Dunn said they approved it but with conditions. He asked Mr. Spellacy if the Planning Commission’s extension with conditions addressed original concerns of the Law Director. Mr. Spellacy said that his sole reason for objection was that they didn’t have parking after 1:00 a.m. so this alleviates that issue. Mr. Seelie asked if Mr. Spellacy had a problem with it and Mr. Spellacy said no.

Mr. Dunn said that he wanted to mention that Mr. Sullivan spoke at the Planning Commission Meeting and stated that he had signed a lease with a property owner on Lewis for 15 additional parking spots in an effort to alleviate problems that could be reasonably anticipated in the neighborhood. Mr. Dunn said that he was making a good will effort.

Mr. Seelie asked if there were any Police Department concerns. Mr. Spellacy responded that there was an issue regarding a citation for serving alcohol after hours. He said that did result in a no-contest plea and sentencing was set at some later date – was in Lakewood Municipal Court. He said that too would go down to the Liquor Board for them to consider. He said when he wrote the objection, that was not a factor.

Mr. Corrigan asked if Mr. Sullivan has been currently granted a variance for parking, if he has enough parking spaces presently for the seating in his building.
Mr. Gallagher from Building responded that he does, that the amount of seats in his establishment totals up to the exact amount of parking spaces he has. He said the formula - table of four equals one parking spot. He said 15 more parking spaces allow for 60 more seats.

Mr. Corrigan said that situations in his ward are similar to this one. He said parking problems of an establishment are pushed up into a neighborhood. He said problems of people leaving the bars at late hours, noise, and that they worsen in the summer. He said that the owner of Sullivan’s was aware of time restrictions before opening and because the establishment has been open for a short time, a request to extend his hours of operations would require he had established a track record with the neighborhood. He said he understood that Council objections are most often overridden by the State – but said he would still vote to file an objection of the liquor permit request.

Mr. George said he agreed with Mr. Corrigan’s comments, that objecting to liquor permits is many times futile and could be costly. He said that he has received calls from persons in that area and surrounding businesses who are concerned about the general intrusion. Mr. George said that his concern was that the extension from 1:00 a.m. to 2:30 a.m. would not make a significant increase in the business. He said that other tavern owners will indicate that in the long term the practice of late hours is detrimental because people linger too long. He said he would object to the liquor permit to put the business owners on notice to be much more sensitive to the neighborhood concerns and surrounding businesses.

Mr. Seelie asked if the No Turn signs were ever placed there.

Mr. Dunn read from the Planning Commission – “…that all the existing conditions be met with the stipulation imposed by the Board of Building Standards Architectural Board of Review that there is a “RIGHT TURN ONLY” sign out of the parking lot and that a 12 inch by 12 inch back be installed on the light fixture to shield the light from the neighborhood.

Mr. Seelie asked if right turn only would have to be done on the new parking lot -

Mr. Dunn responded that it would be on Madison – northwest corner – that Mr. Sullivan is leasing a parking lot for 15 spots for after hours to accommodate patrons.

Mr. Seelie said that he has asked before about parking permits in response to number of people requesting them. Mr. Seelie said that he polled the residents about seven years ago and it was approximately 90% no – and wanted if they can be polled again.

Mr. Pietravoia said that in response to Mr. Seelie’s request, a meeting has been organized so residents could get more details on how parking permits would work and look into reconsidering the issue.

Mr. Seelie said that considering that the Planning & Development Director was working with residents with the parking permit concern, that the Planning Commission made recommendations and that the Law Department didn’t have a problem with the liquor permit that he did not see problem.

Ms. Roth asked if the residents on the street were represented. Mr. Dunn responded that a large number of residents from the street showed up. Ms. Roth said that she understood that a lot on Lewis was going to be purchased and asked if a lot on the northwest corner of Lewis and Madison was now going to be leased. Mr. Dunn said that Mr. Sullivan represented to the Planning Commission that he was going to lease about 15 spots. He said that he did not remember the exact location.

Mr. Pietravoia said it is the block, west of where his business is located and is a lease arrangement. He the lot presently services a business open during regular business hours and would be available for Sullivans after that.

Ms. Roth asked if this would set a new precedent about leasing space away from a property because there is another business owner wanting to use a parking lot considerably away from the business. She asked how far would be acceptable.

Mr. Pietrvoia said that the lot was within the 300 feet Code requirement.

Mr. Dever asked if six months from now the City finds that conditions are not met, can an objection be issued.

Mr. Spellacy said that renewals around October 1, can be objected to.

Mr. Dever asked Mr. Gallagher regarding a resident who spoke a couple weeks ago regarding the landscaping, and asked if that was taken care of.

Mr. Gallagher responded that it was his understanding that the landscaping has been improved and that it would continue be reviewed.

A resident asked about the valet parking where they took the cars – Mr. Pietravoia responded that the valet parking was temporary and was no longer operating. He said that Mr. Sullivan has resolved a situation with his own lawn and because the new lot is now available. Originally they were taken to the parking lot near Madison Park, along Madison.

Mr. Seelie called the motion to file no objection.

Yeas: Dever, Dunn, FitzGerald, Seelie
Nays: Corrigan, George, Roth
The motion passes – (to file no objection).
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3. RESOLUTION NO. 7763-03 – AN EMERGENCY RESOLUTION to object to the issuance of a new D3A liquor permit to Patrick M. Sullivan dba Inne Irish Pub & Restaurant for an establishment located at 13368 Madison Avenue, City of Lakewood, Ohio 44107. (Deferred 5/19/03 and 6/2/03)(Pg. 5)

Motion by Dunn, seconded by Mr. FitzGerald, to table Resolution No. 7763-03.

Ms. Roth asked if we Council was tabling the objection until after six months.
Mr. Seelie said that if Council wanted to object, they would put forward a new resolution. Law Director Spellacy said an appropriate could be to table the Resolution or it could be voted on too. He said if it was voted to adopt, it could be voted down.

Yeas: Corrigan, Dever, Dunn, FitzGerald, Seelie
Nays: George, Roth
Motion adopted. Resolution No. 7763-03 – Tabled.
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4. Liquor Permit Application for D1, D2, D3 and D3A stock transfers to Madison Square Lanes Inc., 1653 Westwood Avenue. (Deferred 6/2/03)(Pg. 7)
Mr. Dunn said that after discussion with the Law Director and review of the police report, there was no basis for an objection. He asked the Ward Councilmember for any reason to object. Mr. George said he had no reason to object.

Motion by Mr. Dunn, seconded by Mr. Seelie, to file no objection.
Ms. Roth said that she remembered that all Councilmembers would receive a copy of the police report. Mr. Spellacy said that she should have. Chief Malley said he’d make sure she would receive them.
Mr. Seelie called the motion.
All members voting yea.
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5. ORDINANCE NO. 47-03 – AN ORDINANCE to enact Chapter 1310, Residential Code for One, Two and Three Family Dwellings, of the Codified Ordinances of the City of Lakewood for the purpose of adopting the International Residential Building Code, 2000 Edition and amendments thereto. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 6/2/03)(Pg. 8)

Motion by Mr. Seelie, seconded by Mr. Dever, to place Ordinance No. 47-03 on 2nd Reading.
Motion adopted. All members voting yea.

****NEW BUSINESS****

6. Communication from Councilmember Dunn regarding Resolution to Support Passage of the Bringing America Home Act. (Pg. 15)

Mr. Dunn indicated that he legislation was just introduced in the United States Congress. He said that homelessness, healthcare, civil rights protection, universal living wage are consistent with resolutions that have been passed by the United States Congress. Mr. Dunn indicated that Brian Davis was there to speak from the Northeast Ohio Coalition for the Homeless.

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

Mr. George asked who introduced the bill in the House, response was provided; Representative Conyers from Michigan and Representative Carson.

The Clerk was directed to send the resolution to Senators DeWine and Voinovich.

Mr. Davis, Northeast Ohio Coalition for the Homeless – said he urged passage of the Resolution. He said the House Bill provided a substantial increase in the number of housing units in the U.S., provides protection for temporary workers and sends the message to Congress that their should be Universal Health Care in the country and that there are civil rights protections.

A resident supported passage of the Resolution and asked support for the issues championed within the bill be applied to the West End issue also.

A person indicating an association with the Alliance of Cleveland Heights Tenants and the Cleveland Tenants Organization stated there was always need for affordable housing for seniors on Social Security, handicapped people on SSI and that the Bill the Resolution was supporting was the only comprehensive bill designed to end homelessness.

A resident spoke for the Cleveland Homeless Legal Assistance Program stating support of the Resolution.

On the motion to receive and file the communication.
Motion adopted. All members voting yea.
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7. RESOLUTION NO. 7774-03 – A RESOLUTION to support passage of the Bringing America Home Act of 2003, a comprehensive bill currently pending in the 108th Congress that is designed to end homelessness in the United States by addressing issues of affordable housing, livable income, civil rights protections, and health care for all. (Pg. 17)

Motion by Mr. Dunn, seconded by Mr. George, to adopt Resolution No. 7774-03.

Motion by Ms. Roth, seconded by Mr. Dunn, to included in Section 2 Senators DeWine and Voinovich.

Motion adopted. All members voting yea.

Motion by Mr. Seelie, seconded by Mr. George to adopt Resolution No. 7774-03 as amended.

Motion adopted. All members voting yea.
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8. Communication from Councilmember Dever regarding Resolution to Support Lakewood Goes Lean Program. (Pg. 18)

Motion by Mr. Dever, seconded by Mr. George, to receive and file the communication.

Motion adopted. All members voting yea.
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9. RESOLUTION NO. 7775-03 – A RESOLUTION to promote a healthier lifestyle among City of Lakewood employees through Lakewood Goes Lean Program. (Pg. 19)

Motion by Mr. Dever, seconded by Mr. George, to adopt Resolution No. 7775-03.
Motion adopted. All members voting yea.
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10. Communication from Mayor Cain regarding (H2O) Help To Others 10th Anniversary. (Pg. 20)

Motion by Mr. George, seconded by Mr. Dever, to receive and file the communication.

Mr. George stated H20 brought out the best in Lakewood’s youth – including providing for charitable fund-raisers.
Mr. Corrigan absent for vote
Motion adopted. Six members voting yea
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11. RESOLUTION NO. 7776-03 – A RESOLUTION acknowledging the 10th Anniversary of the City of Lakewood, Division of Youth, Help to Others Program (H20), a truly unique and highly successful Lakewood program of youth volunteerism. (Pg. 21)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7776-03.
Motion adopted. All members voting yea.
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12. Communication from Mayor Cain regarding Resolution for Retiree Jim Nagaj. (Pg. 22)

Motion by Mr. George, seconded by Mr. Dever, to receive and file the communication.

Motion adopted. All members voting yea.
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13. RESOULTION NO. 7777-03 – A RESOLUTION honoring Jim Nagaj on the occasion of his retirement from the Division of Public Works after thirty years of service. (Pg. 23)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 777-03.
Motion adopted. All members voting yea.
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14. Communication from Mayor Cain regarding Resolution Honoring the Memory of Strongsville Mayor Walter Ehrnfelt. (Pg. 24)

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

Motion adopted. All members voting yea.
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15. RESOLUTION NO. 7778-03 – A RESOLUTION honoring the memory of Strongsville Mayor Walter F. Ehrnfelt. (Pg. 25)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7778-03.

Motion adopted. All members voting yea.
{Regular Docket Order resumes}

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16. Communication from Law Director Spellacy regarding Lakewood Park-Hours Open to the Public. (Pg. 26)

Motion by Mr. Seelie, seconded by Mr. Dunn, to receive, file and refer the communication to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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17. ORDINANCE NO. 48-03 – AN ORDINANCE to amend section 905.02, Hours Open to the Public, of the Codified Ordinances of the City of Lakewood for the purpose of opening Lakewood Park one hour before sunrise. (Pg. 27)

Motion by Mr. Seelie, seconded by Mr. Dunn, to Place Ordinance No. 48-03 on 1st Reading and refer it to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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18. Communication from Judge Carroll regarding Clerk of Court and Probation Officer Salaries. (Pg. 29)

Motion by Mr. Seelie, seconded by Ms. Roth, to receive and file the communication.
Motion adopted. All members voting yea.
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19. ORDINANCE NO. 49-03 – AN ORDINANCE fixing the compensation of the Clerk of the Lakewood Municipal Court, the time and method of payment. (Pg. 30)

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 49-03 on 1st Reading and refer it to the Finance Committee.
Motion adopted. Six members voting yea.
Mr. George absent for vote.
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20. ORDINANCE NO. 50-03 – AN ORDINANCE fixing the compensation of the Probation Officer of the Lakewood Municipal Court and the time and method of payment. (Pg. 31)

Motion by Mr. Seelie, seconded by Ms. Roth, to place Ordinance No. 50-03 on 1st Reading and refer it to the Finance Committee.
Motion adopted. Six members voting yea.
Mr. George absent for vote.
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Mr. Dever asked the status of the West Nile Virus Task Force.
Human Services Director Buckon said that all the information was being assembled to come up with a recommendation. She said one more work session was planned – that early July recommendations would be presented. She said that the plan that was done last year continued this year, larvaciding was being done -

Meeting adjourned 9:54 P.M.

Approved:___________________ ________________________
PRESIDENT

________________________
CLERK