MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
OCTOBER 20, 2003
7:30 P.M.

Regular Meeting of the Lakewood City Council called to order at 7:37 P.M. by Acting President George.

….

Present: Councilmembers Brian T. Corrigan, Michael W. Dever, Denis P. Dunn, Edward FitzGerald, Thomas J. George, Nancy J. Roth.
….
Also Present: Mayor Cain, Law Director Spellacy, Acting Finance Director Demerle, Fire Chief Mroz, Police Chief Malley, Planning & Development Director Pietravoia, Public Works Director Boag, Assistant Safety Director for the Division of Building and Housing Gallagher, Human Services Director Buckon, Executive Assistant to the Mayor for Community Relations Antonio.

Pledge of Allegiance
Moment of Silence
Roll Call

Motion by Mr. George, seconded by Mr. Corrigan, to excuse the absence of Mr. Seelie.
Motion adopted. All members voting yea.

Motion by Mr. George, seconded by Mr. Dunn, to approve the Minutes of the Regular Meeting of Council held 10/6/03 without the necessity of a reading.

Motion adopted. All members voting yea.

Without objection from Council Recycling Coordinator McGinty made a presentation regarding October as Ohio Recycle Month. She said she wanted to begin the campaign “Get Caught Recycling” an effort to promote recycling by catching a person recycling. Cooridinator McGinty asked Councilmember Roth to draw the first four entries. Items 6, 7 and Add-On items 18 and 19 were brought forward to the beginning of the agenda after the presentation.

****OLD BUSINESS****

1. ORDINANCE NO. 70-03 – AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into a Development Agreement with Hinkley Lighting, Inc. an Ohio Corporation for a financial assistance package in support of the retention and expansion of the company located at 12600 Berea Road (Permanent Parcel Number 315-24-010) and 12750 Berea Road (Permanent Parcel Number 315-24-005), Lakewood Ohio. The Development Agreement is now on file with the Clerk of Council. (PLACED ON 1ST READING AND REFERRED TO THE COMMITTEE OF THE WHOLE 10/6/03)(Pg. 4)

Motion by Mr. George, seconded by Mr. Dunn, to place Ordinance No. 70-03 on Second Reading and refer it to the Committee of the Whole.

Mr. Corrigan asked if this issued would have to go to a vote of the people.
Ms. Roth said that there were many things going on at the east end and many pending. She asked if Issue 48 passes if these issues would have to be put on the ballot.

Mr. Spellacy said that a conservative reading of the proposed Charter Amendment doesn’t stop at urban renewal projects. He says it says urban renewal or redevelopment. He said if you were to read that those were two separate things it would be his opinion that it would have to go to a vote of the people.

Ms. Roth asked if the Hinkley Lighting ordinance was passed before the vote (if it then would be subject to a vote – Mr. Spellacy said it would not have to go to a vote of the people. Ms. Roth asked if the other issue that was announced regarding the residential houses had to go to a vote of the people. Mr. Spellacy responded that without having the particulars, understanding that it’s redevelopment that it more than likely would have to go to a vote of the people.

Ms. Roth said Issue 48 is extremely devastating to a community as old as Lakewod that needs redevelopment in special places.

Mr. FitzGerald said that Issue 48 would potentially cause dozens of elections a year on almost any kind of economic development throughout the City. He said this wasn’t just Law Director Spellacy’s opinion, but that of any developer that would be coming into the City after checking with their legal counsel. He said their legal counsel would have to tell them that if they invest in Lakewood, they would be exposed to a taxpayer lawsuit if you have any taxpayer assistance of any kind.

Ms. Roth requested that the Hinkley Lighting legislation comes before Council at the next meeting. Mr. George indicated his agreement.

The motion to place the Ordinance on 2nd Reading and refer it back to the Committee of the Whole.

Motion adopted. All members voting yea.
….

2. ORIDNANCE NO. 71-03 – AN EMERGENY ORDINANCE authorizing the Mayor or her designee to enter into an agreement with Hinkley Lighting, Inc. for participation in the Lakewood Business Investment Program (BIP) of the Economic Development Fund (EDF) for a five (5) year forgivable loan in an amount of One Hundred Fifty-Five Thousand Dollars ($155,000.00) to assist Hinkley Lighting, Inc. with the redevelopment of 12600 Berea Road (Permanent Parcel No. 315-24-010) and 12750 Berea Road (Permanent Parcel No. 315-24-005), Lakewood Ohio. (PLACED ON 1ST READING AND REFERRED TO THE COMMITTEE OF THE WHOLE 10/6/03)(Pg. 5)

Motion by Mr. George, seconded by Mr. Dever, to place Ordinance No. 71-03 on Second Reading and referring it back to the Committee of the Whole.
.
Motion adopted. All members voting yea.
….

3. ORDINANCE NO. 72-03 – AN EMERGENCY ORDINANCE adjusting appropriations for expenditures in the General Fund for the fiscal year ending December 31, 2003 for the purposes of accepting payment of an economic development grant from Cuyahoga County in the amount of Three Hundred Eighty-Seven Thousand Seven Hundred Twenty-Two Dollars ($387,722.00), which in turn shall be applied by the City toward payment of expenditures related to the Hinkley Lighting, Inc. retention and expansion project at 12600 and 12750 Berea Road, Lakewood, Ohio. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/6/03)(Pg. 6)

Motion by Mr. George, seconded by Mr. Dunn, to place Ordinance No. 72-03 on Second Reading and referring it back to the Committee of the Whole.

Motion adopted. All members voting yea.
….

4. ORIDNANCE NO. 73-03–AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into an agreement with SBC Ohio for participation in the Lakewood Business Investment Program (BIP) of the Economic Development Fund (EDF) for a five (5) year forgivable loan in an amount of One Hundred Thousand Dollars ($100,000.00) to assist SBC Ohio to complete the renovations and system equipment upgrades necessary to establish a Mechanized Loop Assignment Center (MLAC) at the facility located at 14233 Detroit Avenue (Permanent Parcel No. 314-07-001), Lakewood, Ohio. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/6/03)(Pg. 7)

Motion by Mr. George, seconded by Mr. Dever, to place Ordinance No. 73-03 on Second Reading and referring it back to the Committee of the Whole.

Motion adopted. Five members voting yea.
Mr. Dunn abstains
….

5. Liquor Permit Application for D2, D2X, D3, D3A and D6 transfers to WCJSB Inc d/b/a Old Stand, 15527-33 Madison Avenue from Ronika Inc. same address. (DEFERRED 10/6/03)(Pg. 8)

Mr. Dunn read from Law Director Spellacy’s correspondence referencing the police investigation finding no statutory cause to object.

Motion by Mr. Dunn, seconded by Mr. Corrigan to file no objection.
Motion adopted. Five members voting yea.
Mr. George abstains.

****NEW BUSINESS****

6. Communication from Councilmember Dunn regarding Dr. Shelia Bailey. (Pg. 9)

Motion by Mr. Dunn, seconded by Ms. Roth, to receive and file the communication.
Motion adopted. All members voting yea.
….

7. RESOLUTION NO. 7817-03 – A RESOLUTION to congratulate Dr. Sheila Bailey, an active and ardent mentor to women in physics, on her induction into the Ohio Women’s Hall of Fame. (Pg. 10)

Motion by Mr. Dunn, seconded by Mr. Corrigan, to adopt Resolution No. 7817-03.
Motion adopted. All members voting yea.
….
8. Communication from Planning Commission Members regarding Issue 47 – Development Agreement relating to the West End Redevelopment Area. (Pg. 11)

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

A Sloane Avenue resident asked Planning & Development Director Pietravoia for Shedules H and I from the Development Agreement. The resident indicated those were the properties under option and the properties for which eminent domain will need to be used. He said this was important because the people in favor of Issue 47 state that there are only a few properties in which eminent domain will have to be used. He said he talks to his neighbors and knows this is not true. He said that the rest of Lakewood should know this also.

Planning & Development Director Pietravoia said that he has reported at one or two previous council meetings that due to the issues that are on the ballot, due to the law suit pending, the exhibits have not been prepared. He said there were no plans to prepare them until the community has voted on the project.

The resident said the law suit was planned until June 14, 2004. Law Director Spellacy responded that the numbers are out there and that June 14, 2004 was probably an extreme date.

Councilman FitzGerald said that he went to the Developers with the allegation that they did not have as many options as they said they had. He said he asked to see the signed contracts. He said that he went through each option with them, that he understood those options are now expired. The resident said the original development agreement indicated the process had to be completed within 90 days. He asked if the City had any liability for breech of contract on this. He asked if the 90 days meant anything.

Law Director Spellacy responded that the City had potential liability and that at some point in time, the Developer, regardless of the vote on 47 could enforce the contract. He said the Avon lawyer said that not too long ago – that that’s why he proposed a different mechanism for repealing a different ordninance because Issue 47 – could effect the Contract Clause of the Constitution and as a result there was a potential for the Developer to require the agreement be enforced.

To receive and file the communication.

Motion adopted. All members voting yea.
….
9. Communication from Planning Commission Members regarding Issue 48 Proposed Charter Amendment. (Pg. 13)

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

Councilmember Roth reinforced opposition to Issue 48.
Councilmember Dunn said he wanted to note the Planning Commission’s willingness to come to Council specifically to oppose the Issue stating it was extraordinary and that it could not be impressed upon people enough the negative impact Issue 48 could have. He said the Issue would destroy the community and that it has already had a negative effect. He said that capital goes where it will get a good return on its investment and that they would not consider Lakewood as a possible investment knowing that they would incur a campaign. He said that it also does harm to existing businesses stating programs such as storefront renovation, or retention of businesses would be compromised because those businesses would go elsewhere.

To receive, file and concur -
Motion adopted. All members voting yea.
….
10. Communication from Planning & Development Director Pietravoia regarding Recommendations of the Citizens Advisory Committee For Allocation of Fiscal Year 2004 Federal Funds. (Pg. 15)

Motion by Mr. George, seconded by Ms. Roth, to receive, file and refer the communication to the Committee of the Whole.

Councilmember Dunn requested an opinion from the Law Director to ensure there was no conflict in voting on the Citizens Advisory Committee’s recommendations since his wife wife sits on the CAC board. Law Director Spellacy responded that neither Councilmember Dunn nor his wife would benefit from the funds and two separate bodies would have acted upon the proposal.

Councilmember Roth referred to the $20,000 for a part-time program coordinator from ACCESS to administer a pilot program. She asked if that person would be hired by ACCESS or by the City from AACCESS. Planning & Development Director Pietravoia responded that the individual would be hired by AACCESS. He said they would actually receive the funds, hire the individual, but the City would require as with other recipient of funds that they enter into a contract with Lakewood and that they coordinate with existing programs offered by Human Services.

Councilmember Corrigan asked about the rationale for the streets reconstruction program where 1.2 million was requested and almost 712,000 allocated. He asked the rationale for the cut in exhibit A. Planning & Development Director Pietravoia referred to the carry forward amount anticipated and indicated that along with the new request will reach the 1.2 million. Councilmember Corrigan said that a half a million dollars last year to carry forward as well and would like to discuss that further in the Committee of the Whole. Mr. Pietravoia added that the projects this year came in under budget and there were extra savings to carry forward to the next year.

To receive, file and refer to the Committee of the Whole.
Motion adopted. All members voting yea.
….

Motion adopted. All members voting yea.
….
11. RESOLUTION NO. 7818-03 – AN EMERGENCY RESOLUTION authorizing and directing the Mayor to submit the Fiscal Year (FY) 2004 One-Year Action Plan of the Consolidated Plan, which includes dollar allocations and activities for federal Community Development Block Grant (CDBG) funds, and incorporates the City’s application for CDBG funds, HOME Investment Partnership funds, Emergency Shelter Grant (ESG) funds, and all amendments thereto and all understandings and assurances contained therein, to the U.S. Department of Housing and Urban Development (HUD). (Pg. 19)

Motion by Mr. George, seconded by Mr. Corrigan, to receive, file and refer to the Committee of the Whole

Motion adopted. All members voting yea.
….

12. RESOLUTION NO. 7819-03 – AN EMERGENCY RESOLUTION authorizing the Mayor, on behalf of the City, to apply to the United States Department of Housing and Urban Development (“HUD”) for Section 108 Loan Guarantee Funds in an amount not to exceed $393,500 to provide financing for the Americans with Disabilities Act (ADA) components of the Lakewood YMCA proposed reconstruction project, to provide all necessary information to support the application, and to enter into any and all agreements necessary to accept and expend any funds awarded. (Pg. 24)

Motion by Mr. George, seconded by Mr. Dunn, to refer Resolution No. 7819-03 to the Committee of the Whole.
Motion adopted. Five members voting yea.
Mr. Corrigan absent for vote.
….

13. Communication from Public Works Director Boag regarding Contracting Authority: Animal Shelter Roof Project. (Pg. 26)

Motion by Mr. George, seconded by Mr. Dever, to receive and file the communication.
Motion adopted. All members voting yea.
….

14. ORDINANCE NO. 74-03 – AN EMERGENCY ORDINANCE increasing contracting authority and authorizing and directing the Director of Public Works to advertise for bids and enter into a contract with the lowest and best bidder for the Animal Shelter Roof Project in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (Pg. 27)

Motion by Mr. George, seconded by Ms. Roth, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 74-03 on final reading.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth,
Nays: None
Motion adopted. Rules suspended.

Motion by Mr. George, seconded by Ms. Rorth, to adopt Ordinance No. 74-03
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth,
Nays: None
Motion adopted. Ordinance No. 74-03 adopted.
….

15. Communication from Fire Chief Mroz regarding EMS Training & Equipment Grant. (Pg. 29)

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

Ms. Roth asked if the money allotted for Homeland Security would go toward this. Fire Chief Mroz responded that this was from the Seat Belts/State of Ohio Funds for EMS.

Motion adopted. All members voting yea.
….

16. RESOLUTION NO. 7820-03 – AN EMERGENCY RESOLUTION authorizing the mayor as Director of Public Safety, on behalf of the City, to enter into an Agreement with the Ohio Department of Public Safety, Emergency Medical Services Division to accept and expend funds for the purchase of qualifying patient care equipment and training in the amount of $6,090.00 and to match funds in the amount of $244.00. (Pg. 30)

Motion by Mr. George, seconded by Mr. Dunn, to adopt Resolution No. 7820-03.
Motion adopted. All members voting yea.
….

17. Liquor Permit Application for new C1 and C2 classes for Beagle Inc., 17617 Detroit Avenue, Lakewood, Ohio. (Pg. 31)

Motion by Mr. Dunn, seconded by Mr. George, to defer this liquor permit until the next Council meeting.

Motion adopted. All members voting eya.
….

Add-ons

18. Communication from Councilmember Dever regarding Recognition of Achill Parish and County Mayo, Ireland.

Motion by Mr. George, seconded by Mr. Dunn, to receive and file the communication.
Motion adopted. All members voting yea.
….

19. RESOLTUION NO. 7821-03 – A RESOLUTION in recognition of the Parish of Achill and the County of Mayo, Ireland.

Stephen Molloy from the West side Irish American Club accepted the Resolution.

Motion by Mr. Corrigan, seconded by Mr. Dever, to adopt Resolution No. 7821-03.
Motion adopted. All members voting yea.

Meeting adjourned 10:29 PM.

Approved:____________________________ __________________
CLERK
__________________
PRESIDENT