Regular Meeting of the Lakewood City Council called to order at 7:32 P.M.
by President Seelie.
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Present: Councilmembers Patrick S. Corrigan, Ryan Patrick Demro, Michael
W. Dever, Denis P. Dunn, Edward FitzGerald, Mary Louise Madigan, Robert M.
Seelie.
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Also Present: Mayor George, Assistant Law Director Corrigan, Finance Director
Nogalo, Police Chief Malley, Fire Chief Mroz, Public Works Director Beno,
Planning & Development Director Jordon, Building Representative Pelot,
Human Services Director Buckon, Mayor’s Executive Assistant Novak.
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Motion by Mr. Seelie, seconded by Mr. Demro, to approve the Minutes of the
Regular Meeting of Council held October 4, 2004, without the necessity of
a reading.
Without objection from Members of Council, Items 24, 25 and 21 were read
first; respectively in agenda order.
****OLD BUSINESS****
1. Committee of the Whole Verbal Report regarding Communication from Councilmember Dunn regarding Proposal to amend LCO 121.04, to create an Economic Development and Community Reinvestment Committee.
Mr. Seelie submitted the following report:
The Committee of the Whole met this evening again regarding the idea of creating an additional committee for Economic Development. Issues like the National Registry in the Birdtown area that was initiated and brought forth many years ago, haven’t been acted upon. Now we have this new emphasis brought forth by some members in that area. Also on the docket this evening we have another idea regarding a Economic Development Commission which would be with members throughout the City who have expertise in economic development. We have a Lakewood Heritage Advisory Board that has just done outstanding jobs and there have been true professionals on that Board. That Advisory Board has not delayed anything and has certainly added and benefited this City a lot with the amount of information and expertise that they gave us when we requested it from them when we ran into situations that we needed that expertise on. The idea on the agenda from Councilman Corrigan could serve the purpose of not only being a proactive citizen-generated idea but it could also help the Heritage Advisory Board, their goals is preserving historical areas within the City. The Planning is really more for land use whereas the Economic Development Commission and how its going to run, we’ll have to work on it, it really can bring all these issues together. If you noticed in the paper there are a number of economic development groups coming together. I think this could be a centralized/citizen advisory commission. I think it trumps the idea of having simply a Council committee. That was agreed upon by five of the seven Members of Council and so the Chair made a motion and it was voted on that we table the idea of creating an Economic Development Committee.
Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the report.
Mr. Dunn stated the proposal to develop an Economic Development Community Relations Committee – a standing committee of Council was a way to move economic development forward. He indicated work still needed to be done, and that the discussion was on the means to get the greatest impact for the effort. He indicated that currently incentives and Economic Development Fund money were used to attract businesses and that this was part of the equation with the other consisting of a trainable, educated workforce, a strong infrastructure, and high degree of reliable city services. He stated that his proposal was more of an effort to create policy and planning to make sure the City’s incentives more meaningfully partner with businesses that are going to be attracted or retained in the City. He cited examples such as a commitment to green building and streetscape design for a long-term sustainable solutions.
Motion to table. All members voting yea.
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2. Committee of the Whole Verbal Report regarding communication from Councilmember Dunn; Proposal to dedicate the new playground at Niagara Park in honor of former Ward 1 Councilman Thomas O. McBride.
Mr. Seelie provided the following report:
The Committee of the Whole met this evening regarding the dedication for Councilman Thomas McBride on the park. We were given the sign that would go up there from Public Works Director Tony Beno. I know Councilman McBride has served this Council well and this City owes a great deal to him and there’s a lot of individuals within this room (who do). It’s fitting and recommended by all members of City Council to go ahead and make the plaque and dedicate the park to him.
Mr. Dunn indicated November 12, at 4:00 PM for the dedication ceremony.
Motion by Mr. Seelie, seconded by Mr. Dunn, to receive and file the verbal
report.
Motion adopted. All members voting yea.
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3. Finance Committee Verbal Report regarding Parking Study update.
Mr. FitzGerald submitted the following report:
The Finance Committee met this evening briefly just for an update on the parking study. I anticipate by the next Council Meeting we’ll have an ordinance in front of us to grant contracting authority for approximately in the amount of $52,000 or $53,000. An RFP went out from the Administration to a number of parking firms, they have narrowed it down to two. Members of Council over the last couple of weeks have had all of the responses from the various parking consulting companies that responded; five responded, and Council had that and available for review the proposals that came in. The Administration was tentatively looking at two that met the requirements.
We also wanted to include the Chamber of Commerce and other stakeholders in the process as much as possible so that this isn’t a study that is just imposed on them from the outside so that they can take part in the process from the very beginning. That’s also something that Director Jordon mentioned he was looking at; he looked at the proposals and was looking at consultants that really included community and a dialogue. I anticipate you’ll have that piece of legislation before you within a couple weeks.
Motion by Mr. FitzGerald, seconded by Ms. Madigan, to receive and file the verbal report.
Motion adopted. All members voting yea.
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4. Public Works Committee Verbal Report regarding W. 117th Parking.
Mr. Dever submitted the following report:
The Public Works Committee met over the last two weeks or so concerning Mr. Laderman’s property on 117th between Franklin and Detroit Avenue. At the first meeting I was able to bring down to the meeting to discuss the history of West 117th Street’s parking situation with Brian Driscoll from the County Engineer’s Office. He gave us the history of when agreements were forged between the municipalities Cleveland, Lakewood, Lyndale and the County Engineer as to what was going to take place for that road and what the communities wanted to see happen to that road. Through those agreements it was agreed at one time back in 1987 I believe it was that there would no longer be any public parking allowed on W. 117th Street after the reconstruction was completed. That agreement was pared back to no parking on the thoroughfare during peak hours which I believe would be between 3:30 and 6:30 in the evening and 6:30 and 9:30 in the morning hours no parking allowed on the street. Mr. Laderman came to Council and asked us to look at his situation because he has no public parking facilities adjoining his building and his tenants tend to park on the street. With this new road placed before him parking had been eliminated. Council looked at trying to find some options for Mr. Laderman. There was a parking lot over at 117th and Detroit on the northwest corner. Mr. Beno investigated to see if there was some room there if we might be able to provide some parking or temporary parking for Mr. Laderman; there’s a total of 26 spots there. There’s a few commercial buildings there, a Post Office; those spots are typically filled at every moment of the day so they’re difficult to fit additional parking spots in there or to allow Mr. Laderman to have his tenants park there.
In the meantime I contacted two private property owners. One has a vacant lot across the street from Mr. Laderman’s building and also the parking lot of part of the old McDonald’s restaurant facility. I talked to both those property owners and they told me to have Mr. Laderman give them a call and they’d be interested in possibly selling some of their property. In turn, at the meeting, I gave Mr. Laderman those phone numbers.
Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the report.
Motion adopted. All members voting yea.
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{Mr. Seelie requests without objection, that items 5,6,7, 8 and 9 be placed on 2nd reading in one motion}.
5. ORDINANCE NO. – 86-04 - AN ORDINANCE to amend Chapter 1105 – Districts
Established, Maps – of the Zoning Code of the Codified Ordinances of
the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE
OF THE WHOLE 10/4/04,)(Pg. 5)
Placed on 2nd Reading at end of item 9
6. ORDINANCE NO. 87-04 – AN ORDINANCE to amend Chapter 1129 – Commercial Districts – of the Zoning Code of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/4/04) (P. 6)
Placed on 2nd Reading at end of item 9
7. ORDINANCE NO. 88-04 – AN ORDINANCE to amend Chapter 1135 – Mixed Use Overlay District – of the Zoning Code of the Codified Ordinances of the city of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/4/04) (Pg. 9)
Placed on 2nd Reading at end of item 9
8. ORDINANCE NO. 89-04 – AN ORDINANCE to amend Chapter 1156 – Planned Development – of the Zoning Code of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/4/04) (Pg. 10)
Placed on 2nd Reading at end of item 9
9. ORDINANCE NO. 90-04 – AN ORDINANCE to amend Chapter 1161 – Conditional uses – of the zoning Code of the Codified Ordinances of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 10/4/04) (Pg. 10)
Motion by Mr. Seelie, seconded by Mr. Dunn, to place items 5,6, 7, 8 and
9 on second reading.
Motion adopted. All members voting yea.
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10. ORDINANCE NO. 91-04 - AN EMERGENCY ORDINANCE committing the City of Lakewood to participate in a street resurfacing program for the resurfacing of Detroit Avenue in the City of Lakewood with the Ohio Department of Transportation. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 10/4/04) (Pg. 12)
Motion by Mr. Dever, seconded by Mr. FitzGerald, to place Ordinance No. 91-04 on Second Reading and refer it back to the Public Works Committee.
Motion adopted. All members voting yea.
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11. ORDINANCE NO. 92-04 – AN EMERGENCY ORDINANCE to provide for the issuance of $2,300,000 Wastewater System Improvement General Obligation Bond Anticipation Notes, Series 2004 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving the City’s wastewater and storm water collection system. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 10/4/04)((Pg. 13)
Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 92-04 on Second Reading and refer it back to the Finance Committee.
Motion adopted. All members voting yea.
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12. RESOLUTION NO. 7926-04 – AN EMERGENCY RESOLUTION authorizing and directing the Mayor to submit the Fiscal year (FY) 2005 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, American Dream Downpayment Initiative (ADDI) 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). (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 10/4/04)(Pg. 15)
Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to place Resolution No. 7926-04 on Second Reading and refer it back to the Finance Committee.
Motion adopted. All members voting yea.
****NEW BUSINESS****
13. Communication from Mayor George and Councilmember Dever regarding Lakewood/Cleveland Cooperative Efforts for Clifton Boulevard. (Pg. 17)
Motion by Mr. Dever, seconded by Ms. Madigan, to receive, file and refer the communication to the Planning Commission.
Motion adopted. All members voting yea.
Mr. Dever indicated the Cleveland Planning Commission recently adopted a Resolution that encouraged the cooperation between two communities for the improvement to Clifton Boulevard.
Mayor George indicated that because of the scope and magnitude of the project
with streetscaping and other improvements it was decided that the original
plan to have Clifton Boulevard started in 2006 be put into the 2007 capital
plan in order to do Detroit prior to that. He indicated it was their judgment
that it would be impossible to do both streets in the same year. Mayor George
indicated that Issue 2 monies would be actively sought to secure funds for
the waterline on Clifton Boulevard. He indicated that there were approximately
two fire hydrants on the north side of Clifton between Cove and the City
boundary in Rocky River and that this was unacceptable. He indicated that
if the City did not receive the Issue 2 grant the City intended to go forward
with the project using Water Fund monies. He indicated that NOACA was also
being sought for funds.
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14. Communication from Councilmember Corrigan regarding Park Designation. (Pg. 18)
Motion by Mr. Seelie, seconded by Mr. Demro, to receive, file and refer the communication to the Planning Commission.
Mr. Corrigan indicated that a number of residents had expressed concern over negative behavior in the Webb Road/ area. He indicated that area residents felt that designating the area as a park would mean more lighting and allow for more control with respect to curfew specifically.
Public Works Director Beno indicated he met with First Energy and will be meeting with a decorative lighting representative. He asked that when the Planning Commission meets on the issue that he be notified to provide input as he has been made aware of the concerns of several residents in that area. He indicated there were incidents of vandalism, that garbage cans and benches there have been removed or thrown in the lake.
Mr. Dever indicated the area should be reviewed as a possible park as it does overlook the Lake.
Mayor George indicated he thought the idea was great and that he would do everything he could to make it work.
Motion adopted. All members voting yea.
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15. Communication from Councilmember Corrigan regarding Revision and Update of Lakewood’s Ordinances governing the operation of Motor Vehicles. (Pg. 19)
Motion by Mr. Dever, seconded by Mr. Corrigan, to receive, file and refer the communication to the Public Safety Committee.
Mr. Corrigan indicated that there have been a number of instances where youthful operators of miniature motorcycles have been found in the Lakewood Parks and on side streets. He said this was posing a hazard not only to themselves but to people in motor vehicles. He stated that me made the referral on the understanding that Lakewood had no ordinance to prohibit or control the use of such vehicles.
Mayor George indicated better awareness efforts could be made to address the safety issues associated with these types of vehicles.
Mr. Dunn asked if the present law prohibited a motor vehicle on the sidewalk. He asked if the type of vehicle Mr. Corrigan was referencing was required to have a license to be driven on the streets.
Assistant Law Director Corrigan indicated other community laws are being researched and that the growth of the new mini-cycles has occurred only in the past 18 months. He said that most cities have found themselves unprepared. He indicated that the concern was that it was not a good idea to have the vehicles on the streets but it was also not preferable to have them on the sidewalk.
Motion adopted. All members voting yea.
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16. Communication from Councilmember Corrigan regarding Detroit Avenue Development. (Pg. 20)
Motion by Mr. Seelie, seconded by Ms. Madigan, to receive, file and refer the communication to the Committee of the Whole.
Motion adopted. All members voting yea.
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17. Planning Commission Report regarding Sale of two(2) City-owned parcels Vacation of Cohassett Place Rezoning of the Lakewood City Schools real property. (Pg. 22)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to receive, file and refer the report to the Finance Committee.
Mr. FitzGerald asked about the long-term tax consequences for taking properties off the tax rolls.
Finance Director Nogalo responded that he did not have an exact answer but that the City would be losing on property tax and would be losing on the level of income within the households; one percent tax if they are working outside the City.
Planning & Development Director Jordon indicated that the ordinances they are referencing that evening are 1) the sale of the parcels which are two city-owned parcels that are not earning any tax dollars 2) a vacation of the properties which the municipal school district already owns and then when the City vacates it, the City is just vacating the public right-of-way and will lessen the City’s obligation to maintain those roads. He indicated that all of that land becomes their responsibility. 3) – Revising the Zone Map to create a Planning Zone District which saves the School Board the lengthy process of going through various variances that would be required to build the type of school that the Board wishes to build at this time.
Mr. FitzGerald asked when the road was repaved indicating he believed it was repaved in the last few years. Mayor George indicated that he noted that the street was relatively new. It was discussed that it was approximately three years ago.
Mr. FitzGerald asked Mr. Jordon why he wanted the rules to be suspended.
Assistant Law Director Corrigan responded that within the County’s right to protect public property it would be impossible to get the County’s approval of the vacation of Cohassett Place if the City still owns the two parcels at the end. He indicated that it was appropriate that consideration of vacating Cohassett Place and the changing of the Zoning go through the regular three readings. He indicated if the two city parcels sale have not been completed the City would run up against the County’s rules regarding any public property being land-locked by other property owners without access by a street.
Mayor George indicated Cohassett Place dead-ends at the tracks. He indicated the parcels the City is requesting to sell to the School Board are at the very end of the street. He said there are no houses on them, that they were not even lots. He said it was just the concrete at the end of the street that is presently used as a turn-around. He said that once the school project goes through there was no use for that. He said additionally that the Administration was not recommending that evening that the street be vacated. He said that the School was very close and had verbal commitments to purchase the remaining properties on that street but that a couple property agreements were not in writing yet. He stated that vacating a street would be premature at this time.
Mr. Dunn stated that his recollection was that the Charter required three readings for any matter dealing with city-owned property.
Assistant Law Director Corrigan indicated that they researched the issue briefly and that he did not believe they were in error. He said it was not public use of the land, and was not currently be used for any public purpose. He said it was merely the end of the street where it abuts against the railroad property. He said it was his understanding that both the Charter’s limitations and the ordinances this Council has previously adopted, this type of parcel being passed on suspension would not be a problem. He stated that It did go through the Planning Commission’s regular, deliberative process. He said that one of the reasons the Administration was doing this was that for what the value of the parcels, the costs to do other things with it far exceed their value. He stated that putting them in the School Board’s hands promptly to permit the County to proceed and to permit the rest of this process to go forward seems the correct order of things. He said he would be happy to be corrected if Mr. Dunn knew but that this was in the category of diminimus and that’s part of the reason the Charter doesn’t apply.
Mr. Dunn indicated he would defer to the Assistant Law Director’s reading of the Charter. He asked if there was a compelling reason to suspend the rules.
Planning & Development Director Jordon indicated that each one of the existing parcels needs to have public access for the County to accept it. He said by removal of Cohassett Place, it’s removing the street in front of the house. He said the residents will have no public access; the County would normally require the City to grant itself an easement out to Detroit and in order to avoid that whole process they wanted to join the ownership in its entirety to the Municipal School District. He said they do have public access through all of their other parcels when the vacation does finally occur through the normal process.
Mr. Dunn asked what happens if this was not done that night. Mr. Jordan responded that a contract will have to be executed with the Municipal School District hopefully by the end of the month. Mr. Jordan stated that Council’s passage of the Cohassett Place and the finalization of the remaining parcels with the Municipal School District hopefully will happen by mid-November when the final, third reading of Cohassett Place vacation ordinance occurs.
Mr. Dunn asked if the Council didn’t act then to get the piece of the process in place that the City would then be obligated to create an easement for the parcel. Mr. Jordan responded that this would be correct and that another ordinance process would be started to get that in effect.
Mr. Demro asked for the real value of the property.
Assistant Law Director Corrigan responded that there was an estimate as it was not professionally appraised because the estimate was that the real value was less than the cost an appraisal would be. He indicated they abut a railroad track, that there was no improvement on them except the concrete that’s there which is not usable for anything else once vacated. He stated that they do not have a value that makes formal process of appraisal or other determinations appropriate. He said that it was not even the size of an 1/8 of a lot of what the rest of Cohassett Place has.
Mr. Demro indicated that this was the third or fourth time Council had been put in a position where it was stated “if you don’t do this, this will happen, or if you don’t do this at this time – this will not happen”. He stated that although this particular issue did not seem to be a big issue that he did not like being put in this position.
Mr. FitzGerald asked when the information was received.
Mayor George indicated the Administration moved as quickly as they could upon receipt of the information from the Schools.
Mr. FitzGerald asked that the tax base numbers be provided relative to the properties becoming public property before the next Finance Committee meeting.
Mr. Seelie asked that the item be deferred for a few minutes until a legal review is completed.
On the communication to receive, file and refer to the Finance Committee.
Motion adopted. All members voting yea.
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Ms. Madigan asked that someone from the School Board or from the Schools
take fifteen minutes to address the Committee of the Whole regarding the
buildings projects.
Mr. Corrigan said he also wanted a meeting and indicated he did not recall the issue of real estate being purchased for the purpose of turning it into non-taxable land during meetings on the School levy and building projects. He stated that he would like to know if the school intended to purchase more homes.
Planning and Development Director Jordon indicated he was meeting with the
School Facilities Commission. He indicated that he understood there were
four large properties that will revert to taxable status at the end of the
project. He stated that there would be some property freed up for redevelopment
ultimately. He indicated that all the issues have not been identified relative
to the return to the tax status but that those conversations were ongoing
with the School Facilities Commission.
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18. ORDINANCE NO. 93-04 – AN ORDINANCE authorizing the mayor or his
designee to enter into a Real Property Sale Agreement with Board of Education
of the Lakewood City Schools and to receive One Dollar ($1.00) per parcel
for the sale of the property located on Cohassett Place (PP# 312-31-082 and
083) Lakewood, Ohio. (Pg. 23)
Item 18 was deferred until the end of the meeting to allow for legal review of the suspension of the rules regarding sale of property.
Assistant Law Director Corrigan referenced Article III, Section 8 of the Amended Charter. He indicated that it requires three readings and permits Council on a 2/3 vote to suspend the rules and adopt on single reading with three exceptions; He indicated on each of those exceptions it has to be three separate days on which the ordinance is heard. He stated the first was a) which changes the amount of salary or compensation for any elected officer of the City, (b) which amends any zoning ordinance, (c) which grants, renews, or extends a franchise or other special privilege, (d) which regulates the rate to be charged by a public utility for its services.
Assistant Law Director Corrigan indicated that there is an argument that when the City sells land it can by indirection change its zoning. He indicated there have been some cases to that, but that this land was small and insignificant in terms of its relationship to any public use. He stated that no land of this character has ever been characterized as an indirect method of changing the zoning. Assistant Law Director Corrigan continued that Article XII is the only other place that refers to the sale of property and similar acts requiring Council’s approval. He stated that this requires the Planning Commission under mandatory referral to pass on any such legislation. He said that this was indicated in the Planning Commission Report; the approval of the sale of the two parcels.
Assistant Law Director Corrigan indicated that in terms of objections of the Charter to suspension of the rules at this time, it is the opinion of the Law Department that there are none. He continued that the information form the School Board came to the Administration within the last ten days and that last Tuesday the consequences from the County of not selling the property before the street was vacated were learned. He stated that Council would not permanently harm the School Board if it chose not to suspend the rules but that it would risk confusion and delay to the process of the Schools efforts to rebuild themselves.
Motion by Mr. Seelie, seconded by Mr. Corrigan, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 93-04 on final reading.
Mr. FitzGerald indicated that in the future if the Administration knows it would be coming to Council to ask for suspension of the rules that a communication be placed with that item stating the request.
Assistant Law Director Corrigan indicated a request for suspension of the rules would routinely be placed in a letter accompanying legislation and that this was an omission in this case and that he would make sure in the future the request would be placed in a letter
Mr. Demro asked if the School Board could be put on notice that the Administration be made aware that these types of things are coming so that in turn Council could be made aware. He stated that the School needed to be aware the Council has a process to follow. He said that he understood the project should be moved forward but that Council had to do its due diligence.
Planning & Development Director Jordon indicated that this was the purpose
for meeting with the Schools next week to make the Schools aware of the City’s
processes and ensure that those processes don’t interfere with the
good progression of the Lakewood Municipal School District’s Building
Program.
There was discussion as to whether to have a joint School Board/Council
Meeting or a Committee of the Whole to be updated about the School’s
Building Program. Council President Seelie indicated schedules would be
reviewed during the week to determine the meeting.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Rules Suspended.
Motion by Mr. Seelie, seconded by Mr. FitzGerald to adopt.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Ordinance No. 93-04 adopted.
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19. ORDINANCE NO. 94-04 – AN ORDINANCE to vacate Cohassett Place in
the City of Lakewood, Ohio. (Pg. 24)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 94-04 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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20. ORDINANCE NO. 95-04 – AN ORDINANCE to amend Section 1105.02 – Districts
Established, Maps - of the Zoning Code of the Codified Ordinances of the
City of Lakewood by changing and revising the Zoning Map of the City with
respect to certain property as hereinafter set forth and described as 1341
W. Clifton Blvd., Horace Mann Middle School; 1201 Summit Avenue, Lincoln
Elementary School; 13701 Lake Avenue, Taft Elementary School; 13439 Clifton
Blvd., Emerson Jr. High School; 13027 Hazelwood Avenue, 13100 Detroit Avenue,
12914 Detroit Avenue, 1327 Cohassett Place, 1357 Cohassett Place, 1363 Cohassett
Place, 1369 Cohassett Place, 1373 Cohassett Place, 1379 Cohassett Place,
1385 Cohassett Place, 1374 Cohassett Place, 1370 Cohassett Place, 1350 Cohassett
Place, 1348 Cohassett Place, 1344 Cohassett Place, 1330 Cohassett Place,
Garfield Elementary School; 16600 Hilliard Road, Harding Middle School/Madison
Elementary School; 1460 Elmwood Avenue and 1470 Victoria Avenue, Grant Elementary
School; 1470 Warren Road, Board of Education; 14100 Franklin Avenue, Lakewood
High School; 1592 Coutant Avenue, Maintenance Garage; 2050 Quail St., 2054
Quail St., 2058 Quail St., 2062 Quail St., 2068 Quail St., 2070 Quail St.,
2080 Quail St., 2071 Dowd Ave., 2065 Dowd Ave., 2059 Dowd Ave., 2053 Dowd
Ave., 2051 Dowd Ave., 2081 Dowd Ave., Harrison Elementary School. (Pg. 29)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 95-04 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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21. Planning Commission & Heritage Advisory Board Report regarding Referral from City Council Nomination of Birdtown to the National Register of Historic Places. (Pg. 45)
Motion by Mr. Seelie, seconded by Mr. Dever, to receive, file and refer the report to the Committee of the Whole.
A resident spoke to request development attention to Ward 4.
Councilmember Madigan indicated that an extended community meeting was necessary for people residing further out from the selected area in Birdtown and to allow the full Council an opportunity to question the full effects of a designation. She asked that people from the Historical Society as well as the Planning Commission attend to broaden the input.
Ms. Madigan indicated that an extended community meeting would take place to broaden the audience of the meeting held previously to include more citizens, Council, Lakewood Historical Society, Planning Commission.
Planning & Development Director Jordon responded that the southeast corner of Lakewood is on the forefront of development efforts in Lakewood. He referenced the Birdtown National Registration proposal indicating specific questions would be addressed at a Committee of the Whole Meeting.
Motion adopted. All members voting yea.
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22. Communication from Human Services Director Buckon regarding Public Health Emergency Preparedness: Countywide Coordinated Community Response Plan Resolution. (Pg. 46)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.
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23. RESOLUTION NO. 7927-04 – A RESOLUTION authorizing the Director
of the Department of Human Services, on behalf of the City, to enter into
an Agreement with the Cuyahoga County Board of Health to accept and expend
funds for purposes of developing and maintaining a strong public health infrastructure
to address bioterrorism and other public health threats. (Pg. 47)
There was discussion to determine if the item required matching fund and it was stated that it did not; that it was a pass through from federal, to state, to county and then to Lakewood. The time frame was discussed and it was indicated that the grant cycle started September 1st, the agreements are generally about a month behind getting to the City. It was discussed that in order to be able to sign the agreement and send it over to the County Board of Health for signature the Resolution would have to be passed for the year.
Motion by Mr. Seelie, seconded by Mr. Demro, to adopt Resolution No. 7927-04.
Motion adopted. All members voting yea.
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24. Communication from Mayor George regarding Lakewood Public Library and the Fight to Restore State Library and Local Government Funds in the Ohio General Assembly. (Pg. 49)
Motion by Mr. Seelie, seconded by Mr. Demro to receive and file the communication.
Mayor George commented that collaborative efforts were being made to influence the Legislature to oppose cuts in funding sources for libraries, counties and cities throughout Ohio were headed.
Lakewood Public Library Director Ken Warren spoke about the Local Library Government Support Fund and its connection to Dennis Fedor during Governor Celeste’s tenure. He indicated the Local Government Fund originated after the Intangibles Tax was eliminated in 1985. He indicated this was approximately 60% of the Library’s revenue ; $2.3 million.
Motion adopted. All members voting yea.
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25. RESOLUTION NO. 7928-04 – A RESOLUTION of support for the Lakewood
Public Library urging the candidates for and members of the Ohio General
Assembly to fight to restore state local government funds severely damaged
in the last two biennial budgets and joining the efforts of the Ohio Municipal
League, the Ohio Library Council, the County Commissioners Association of
Ohio, the Ohio Parks and Recreation Association, and the Ohio Township Association
to highlight the $340 million in losses to these funds and demand that the
General Assembly return to the statutory formula for the state local government
funds. (Pg. 50)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution 7928-04.
Motion adopted. All members voting yea.
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26. Communication from Human Services Director Buckon regarding A Resolution to Authorize the City of Lakewood to Accept and Expend Funds for Administration of the United States Department of Agriculture Family Child Care Home Food Program. (Pg. 52)
Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the communication.
There was discussion as to whether matching funds were required and it was determined to be a reimbursement program based on the number of providers the City enrolled and maintained. Whether Administrative expenditures were part of the were discussed and it was determined that the more individuals, more providers the City had, the Administrative costs were covered in part by the reimbursement. It was explained that it was not only reimbursements to providers but to the City.
Motion adopted. All members voting yea.
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27. RESOLUTION NO. 7929-04 – A RESOLUTION authorizing and directing the Director of the Department of Human Services, on behalf of the City, to enter into an Agreement with the Ohio Department of Education to accept and expend funds for the Family child Day Care Home Program. (Pg. 53)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 7929-04.
Motion adopted. All members voting yea.
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28. Communication from Judge Carroll regarding Probation Officer Compensation. (Pg. 55)
Motion by Mr. FitzGerald, seconded by Mr. Demro, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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29. ORDINANCE NO. 96-04 – AN ORDINANCE fixing the compensation of the Probation Officer of the Lakewood Municipal Court, and the time and method of payment. (Pg. 56)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinance No. 96-04 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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30. Liquor Permit for D5 and D6 stocks to Alfalfa Enterprises Inc. d/b/a Harry Buffalo; 18605 Detroit Avenue, Lakewood, OH 44107. (Pg. 57)
Motion by Mr. Corrigan, seconded by Mr. Seelie, to defer action on this liquor permit application.
Motion adopted. All members voting yea.
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31. Liquor Permit Application for a new D5I permit type to F&S Satka Enterprises LLC d/b/a Titanic, 15315 Madison Avenue. Lakewood, OH 44107. (Pg. 58)
Motion by Mr. Corrigan, seconded by Mr. Seelie, to file no objection.
Mr. Demro indicated the establishment was in his ward and he had no reason to object.
Motion adopted. All members voting yea.
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32. Liquor Permit Application for D5 and D6 transfers to Sakura Japanese Restaurant Inc. 15400 Detroit Avenue, Lakewood Ohio 44107 – from Yim Wah Kwok d/b/a Sakura Japanese Restaurant same address. (Pg. 59)
Mr. Corrigan indicated the police report detailing the investigation had no cause to object.
Mr. Demro (establishment in ward 2) indicated he had no cause to object.
Motion by Mr. Corrigan, seconded by Mr. Seelie, to file no objection.
Motion adopted. All members voting yea.
Meeting adjourned 9:04 PM.
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Approved:____________________________ ________________________
CLERK
________________________
PRESIDENT