MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
NOVEMBER 3, 2003
7:30 P.M.
Regular Meeting of the Lakewood City Council called to order
at 7:37 P.M. by President Seelie.
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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, Acting Finance
Director Demmerle, Fire Chief Mroz, Police Chief Malley, Planning
& Development Director Pietravoia, Public Works Director
Boag, Executive Assistant to the Mayor Benjamin, 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. Dever, to approve the Minutes of the Regular Meeting of Council held 10/20/03 without the necessity of a reading.
Motion adopted. All members voting yea.
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Without objection from Council, Public Comment on non-agenda
items was heard at this time.
****OLD BUSINESS****
1. Committee of the Whole Verbal Report regarding Hinkley Lighting
Retention and Expansion Project.
Mr. Seelie submitted the following report:
Committee of the Whole met that evening to discuss October 6 correspondence from Planning Director Pietravoia regarding Hinkley Lighting Expansion Project. In addition to City Council, in attendance was the Mayor, members of her staff, Department of Planning and Richard Wiedemer, President (of Hinkley Lighting) and life-long resident of Lakewood.
The proposed public/private partnership between Hinkley Lighting,
Cuyahoga County, and the City of Lakewood, will result in a
$2.5 million redevelopment project, over 80% of which will be
private investment into our community by Hinkley Lighting. At
this time, the City is seeking formal authorization of the following
legislation:
Ordinance 70-03 – Authorizing the City to enter into a
Development Agreement with Hinkley Lighting, Ordinance 71-03
– Authorizing the city to enter into an Economic Development
Fund Loan Agreement with Hinkley Lighting, in an amount of $155,000,
and Ordinance 72-03, adjusting appropriations for expenditures
in the General Fund for the purpose of accepting and expending
a $387,(722) Economic Development Grant from Cuyahoga County
related to this project.
This project will not only result in the retention and expansion of a highly respected industry that is anchored on Berea Road but also the City has successfully obtained $387,000 grant from Cuyahoga County; environmental clean-up of a Brownfield property there, construction of a 40,000 plus distribution facility with associated machinery and equipment, job retention of over 70 jobs, additional employment of potentially 6-10 jobs over the next few years, retention and expansion o over $100,000/year corporate taxpayer to City of Lakewood and an Increased tax revenue for both the City and the Schools over 100% annually once the project is complete.
As such, Ordinances 70-03, 71-03, and 72-03 were all recommended at the Committee of the Whole Meeting this evening for adoption.
Motion by Mr. Seelie, seconded by Mr. George, to receive and
file the verbal report.
Motion adopted. All members voting yea.
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2. 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, 2ND READING 10/20/03)(Pg. 4)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance
No. 70-03.
Motion adopted. All members voting yea.
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3. 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, PLACED ON 2ND READING 10/20/03)(Pg. 5)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance
No. 71-03.
Motion adopted. All members voting yea.
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4. 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, PLACED ON 2ND READING 10/20/03)(Pg. 6)
Motion by Mr. George, seconded by Mr. Dever, to adopt Ordinance No. 72-03.
Mr. George and Mr. Seelie thank the Wiedemer (in attendance) for their commitment to the community.
Motion adopted. All members voting yea.
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5. Committee of the Whole Verbal Report regarding SBC Mechanized
Loop Assignment.
Mr. Seelie submitted the following report:
Committee of the Whole met that evening to discuss an October 6, correspondence from Director Pietravoia regarding Ordinance 73-03. related to the establishment of a Mechanized loop Assignment Center (MLAC) by SBC Ohio at the facility located at 14233 Detroit Avenue. In addition to members of Council, the Mayor, representatives from Planning and representative Rob Reynolds, General Manager of External Affairs of SBC Ohio.
With knowledge of the recent announcement that SBC Ohio would be consolidating its Lakewood local offices to Columbus, the City aggressively pursued discussions with SBC to determine an alternate use for the Lakewood facility. In order to compete with other locations which was five other states in the area - Midwest region the City proposed a financial assistance package utilizing our federally funded Economic Development Program to assist SBC in necessary renovations and system equipment upgrades to make the current Lakewood SBC facility on Detroit Avenue operational as a new regional Mechanized Loop Assignment Center. As a result, SBC awarded Lakewood a MLAC facility that will function as a technology center to oversee network connections in the SBC utility grid. The project will result not only in the retention of a highly respected technology anchor but it will continue virtually uninterrupted active use of the Detroit Avenue facility, the establishment of one of only two MLAC facilities in the entire Midwest region, job creation of 90 job, possible future economic employment growth and the retention of nearly $100,000 a year in yearly income tax. It was also brought to our attention this evening that SBC has over five years put into the City of Lakewood through their equipment, five million dollars in equipment which we receive property tax on. They’ve been a good neighbor, been around for over 60 years. It is an outstanding situation, appreciation work done by Mr. Pietravoia, his office and SBC.
Motion by Mr. Seelie, seconded by Mr. George, to receive and file the verbal report.
Mr. Dunn indicates that that because is employed by SBC he will recuse himself on the issue and abstain from all votes.
Motion adopted. Six members voting yea.
Mr. Dunn abstains.
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6. 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 AND REFERRED TO THE COMMITTEE OF
THE WHOLE 10/6/03, 2ND READING 10/20/03)(Pg. 7)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 73-03.
Mr. Reynolds, General Manager of External Affairs of SBC Ohio – indicated that when SBC approached the City with what was potentially bad news they were greeted with a progressive spirit of cooperation. He said the creativity and eagerness to keep them in the community should be applauded, that the Development Department was full of outstanding people. He thanked Council.
Motion adopted. Six members voting yea.
Mr. Dunn abstains.
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7. Finance Committee Verbal Report regarding 2004 Tax Advances.
Mr. George submitted the following report:
Resolution 7815-03 is a request to draw down from Cuyahoga County Treasury real, and property tax, estate and special assessment advances available to the City 2004. We learned at the Committee meeting that last year’s collection was 13.9 million and this year the real and personal property tax will to the City 15.7 million - part due to the increase in the tri-annual reassessment of Lakewood properties. After discussion the Committee voted unanimously to recommend adoption of 7815-03 this evening.
Motion by Mr. George, seconded by Mr. Seelie, to receive and
file the report.
Motion adopted. All members voting yea.
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8. RESOLUTION NO. 7815-03 – AN EMERGENCY RESOLUTION requesting the Cuyahoga County Auditor to draw and the Cuyahoga County Treasurer to pay to the City of Lakewood Director of Finance an advance of all real; personal property; estate taxes and special assessments collected in the year 2004 in such amounts as may be requested and available. (REFERRED TO THE FINANCE COMMITTEE 10/6/03)(Pg. 8)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution
No. 7815-03.
Motion adopted. All members voting yea.
{Item 8 was revisited after Item 16)
Mr. Seelie indicated there was a typo, that the year should
read 2004 instead of 2003 in Section 1, Resolution 7815-03 in
the last sentence. Mr. Seelie asked if the the motioner and
seconder will rescind the motion, both agree.
Motion by Mr. George, seconded by Mr. Seelie, to amend Resolution 7815-03 to reflect the 2004 date.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Resolution No. 7815-03 is amended.
Motion by Mr. Seelie, seconded by Mr. George to adopt Resolution
No. 7815-03 as amended.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Resolution No. 7815-03 adopted as amended.
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9. Liquor Permit Application for new C1 and C2 classes for Reagle Beagle Inc., 17617 Detroit Avenue, Lakewood, Ohio. (DEFERRED 10/20/03)(Pg. 10)
Mr. Dunn indicates the item also corresponds with items 17 and 18 under new business. He reads from a correspondence from the Law Director indicating that there exists statutory reasons to objection – recommending an objection. Mr. Dunn asked the ward Councilmember encompassing the establishment if he had any reason not to follow the recommendation of the Law Department. Mr. Corrigan responded there was no reason to contradict the recommendations of the Law Director.
Motion by Mr. Dunn, seconded by Mr. Seelie, to object to the
application.
Motion adopted. All members voting yea.
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Without objection from Council, items 17 and 18 referencing
the liquor permit are read after item 9.
****NEW BUSINESS****
10. Communication from Councilmember FitzGerald regarding Lakewood Park Lakefront Review Process. (Pg. 11)
Motion by Mr. FitzGerald, seconded by Mr. George, to receive,
file and refer the communication to the Health & Human Services
Committee.
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11. Communication from Law Director Spellacy regarding Agreement Between the City of Lakewood and the Board of Education of the Lakewood City School District Relative to the Coxcom, Inc. Cable Television Franchise Agreement. (Pg. 12)
Motion by Mr. Seelie, seconded by Mr. Dever, to receive, file and refer the communication to the Committee of the Whole.
Motion adopted. Six members voting yea.
Mr. Dunn abstains.
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12. ORDINANCE NO. 75-03 – AN ORDINANCE to authorize the Mayor of the City of Lakewood to enter into an Agreement with the Board of Education of the Lakewood City School District (Attached as “Exhibit A”) to define the rights and duties of each party resulting from the cable television franchise agreement between the City of Lakewood and Coxcom, Inc. (Pg. 13)
Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 75-03 on 1st Reading and refer it to the Committee of the Whole.
Motion adopted. Six members voting yea.
Mr. Dunn abstains.
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13. Communication from Acting Finance Director Demmerle regarding Property Tax Rate Resolution for 2004. (Pg. 19)
Motion by Mr. George, seconded by Mr. Dever, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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(“A” added due to duplication)
14. RESOLUTION NO. 7821-03 – A - – A RESOLUTION
ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET
COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING
THEM TO THE COUNTY AUDITOR. (Pg. 20)
Motion by Mr. George, seconded by Mr. Dever, to receive, file and refer Resolution No. 7821-03 to the Finance Committee.
Motion adopted. All members voting yea.
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15. Communication from Acting Finance Director Demmerle regarding Workers Compensation – Retrospective Rated Plan Participation. (Pg. 24)
Motion by Mr. Corrigan, seconded by Mr. Dunn, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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16. RESOLUTION NO. 7822-03 – AN EMERGENCY RESOLUTION authorizing the Director of Finance to enter into an agreement to apply to The Ohio Bureau of Workers’ Compensation to participate in a Retrospective Rating Plan for the City of Lakewood. (Pg. 25)
Motion by Mr. George, seconded by Mr. Corrigan, to receive, file and refer Resolution No. 7822-03 to the Finance Committee.
Motion adopted. All members voting yea.
{Item 8, Resolution NO. 7815-03 is revisited after this item}
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17. Communication from Law Director Spellacy regarding New Liquor Permit Request-Reagle Beagle Inc. (Pg. 26)
Motion by Mr. Corrigan, seconded by Mr. Dever, to receive and file the communication.
Motion adopted. All members voting yea.
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18. RESOLUTION NO. 7823-03 – AN EMERGENCY RESOLUTION to object to the issuance of new liquor permit to the Reagle Beagle, Inc. for an establishment located at 17617 Detroit Avenue, City of Lakewood, Ohio 44107. (Pg. 27)
Motion by Mr. Dunn, seconded by Mr. Corrigan, to adopt Resolution
No. 7823-03.
Motion adopted. All members voting yea.
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Motion by Mr. Seelie, seconded by Mr. George to adjourn.
Motion adopted. All members voting yea.
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Meeting adjourned 8:19 PM.
Approved:____________________________ __________________
CLERK
__________________
PRESIDENT