Regular Meeting of the Lakewood City Council called to order at 7:43 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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Motion by Mr. Seelie, seconded by Mr. Corrigan to excuse the absence of Mr.
Dever. (Mr. Dever arrives at 7:44).
Motion adopted. All members voting yea.
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Also Present: Mayor George, Law Director Corrigan, Finance Director Nogalo, Police Chief Malley, Fire Chief Mroz, Public Works Director Beno, Planning & Development Director Jordon, Human Services Representative McMonagle, Mayor's Executive Assistant Novak;
Reading and disposal of the Minutes of the Regular Meetings of Council held January 18, 2005.
Motion by Mr. Seelie, seconded by Mr. Demro, to approve the minutes without the necessity of a reading.
Motion adopted. All members voting yea.
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Without objection from Council, Items 5 & 6 are read first in the agenda order. Without further objection item 15 and 16 were read after item 6.
****OLD BUSINESS****
1. RESOLUTION NO. 7958-05 - AN EMERGENCY RESOLUTION authorizing and directing the Mayor to submit the 2005 Consolidated Plan, which establishes a unified vision for community development actions; sets forth program goals, specific objectives, annual goals, and benchmarks for measuring progress; and states the manner in which Lakewood will pursue the statutory goals of the federal Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), HOME Investment Partnership, and American Dream Downpayment Initiative (ADDI) Programs, 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 COMMITTEE OF THE WHOLE 1/18/05). (attachments to the Resolution were published 1/18/05 and are on file in the Council Office for public review) (Pg. 6)
Mr. Seelie indicated the Committee of the Whole met on items 1 and 2 that evening and that there would be a written report for both the items at the next meeting. He said it was recommended to adopt the requirement from HUD.
Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Resolution No. 7958-05 on 2nd Reading.
Mr. Dunn asked what the process was for a non-profit wanted to be considered for funding for CDBG money.
Planning & Development Director Jordon indicated that the Citizens Advisory Committee meets in the fall and meets about six times. He said that he would provide more information on the application.
Mr. Seelie asked if the City of Lakewood would have 50% of its Community Development Fund cut.
Mr. Jordon responded this was true, that the Bush Administration was restructuring the entire fund. He said last year it was $2.6 million and that this year it was $2.4 million. He stated that this meant for Lakewood which usually does five streets a year that it would go down to 2 ½ streets and cut in half all the social service projects.
Motion adopted. All members voting yea.
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2. ORDINANCE NO. 2-05 - AN ORDINANCE to amend Section 1105.02 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 at 11901-11 Detroit Avenue (PP#315-13-013, 014,016,017,051) known as Phase 1A of Rockport Square and 12101-07 and 12201-15 Detroit Avenue (PP# 315-10-001,002,003), known as Phase 1B of Rockport Square and 15401 Detroit Avenue (PP# 314-01-111) and 15425 Detroit Avenue (PP#314-01-011) and 1426 Mars Avenue (PP#314-01-010 and 038) known as the expansion of the Main Branch of the Lakewood Public Library. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 1/18/05) (Pg. 7)
Motion by Mr. Seelie, seconded by Mr. Dunn, to Place Ordinance No. 2-05 on
2nd Reading.
Motion adopted. All members voting yea.
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3. Finance Committee Verbal Report regarding Ordinance No. 106-04.
Mr. FitzGerald submitted the following report:
We had discussion about this before. Currently under our division of property taxes 2 mils are used exclusively and they are restricted to this use - they go the sewage disposal plant and related items with that. Because, as was mentioned earlier in the meeting, we have our revenues divided into different funds, this is one of the funds that our revenues are divided into. Because that particular fund has been running a surplus; whereas our other capital needs which are funded from other sources are not running as healthy of a surplus this ordinance would give the City the discretion, it wouldn't mandate them, but would give them the discretion to use some of those mils that are currently restricted to the sewage disposal use to be used for other capital projects. As Mr. Nogalo has mentioned earlier today, it's our capital budget as we go forward in time for people who have read their budget books that's an item that's going to be funded at a lesser level unless we do something. This gives the Administration the discretion to use some of those mils. The Finance Committee has previously, unanimously recommended its adoption.
Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to receive and file the verbal report.
Motion adopted. All members voting yea.
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4. ORDINANCE NO. 106-04 - AN EMERGENCY ORDINANCE declaring the necessity of submitting to the electors of the City of Lakewood the question of expanding the use of two mills currently utilized for only the sewage disposal plant to include financing the capital needs of street infrastructure, municipal buildings, parks and recreation facilities. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 12/20/04, 2ND READING 1/3/05) (Pg. 8)
Motion by Mr. FitzGerald, seconded by Mr. Dever, to adopt Ordinance No. 106-04.
Motion adopted. All members voting yea.
****NEW BUSINESS****
5. Communication from Councilmember Madigan regarding Adopt Cuyahoga's Kids. (Pg.10)
Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the communication.
Motion adopted. All members voting yea.
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6. RESOLUTION NO. 7960-05 - A RESOLUTION to support the work of Adoption Network Cleveland and the Adopt Cuyahoga's Kids Initiative and to encourage the citizens of Lakewood to support efforts to provide all children a safe, nurturing and permanent family. (Pg.11)
Motion by Mr. Seelie, seconded by Ms. Madigan, to adopt Resolution No. 7960-05.
Motion adopted. All members voting yea.
Adopt Cuyahoga's Kids Representative accepted the Resolution.
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7. Communication from Councilmember Madigan regarding Clean Air Commission Extension. (Pg. 12)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the verbal report.
Mr. Dunn indicated that he has been saying that one of the reasons to have the City's bars and restaurants go smoke free was number one, good public health. He stated that it was beyond dispute that second hand smoke causes death and disease. He said it's also good for the local economy. He said there's been a lot of research done in terms of how it has effected other municipalities. He said that he's been making the statement that it's good for the local economy without exception. He said he wanted to make a correction to his statement as a result of a New York Times article yesterday where a review of the two year smoking ban in New York was detailed. He said it has had an effect on a small segment of the economy of the business industry - which he said was the dry cleaning industry because people did not have to take their coats and sweaters; clothes to get dry cleaned as often because the stale smell of smoke was not an issue. He said the New York Times article was consistent with his comments that it's good for the City; indicating there was an 8.7% increase in receipts from bars and restaurants over the last two years since the smoking ban has gone into effect.
Motion adopted. All members voting yea.
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8. RESOLUTION NO. 7961-05 - A RESOLUTION amending resolution 7950-04, extending the time for action by the Clean Air Commission to March 21, 2005. (Pg. 13)
Ms. Madigan indicated that it was critical an extension be provided to the Committee so that it may consider the economic impact in depth.
Mr. Seelie asked why a bar owner wouldn't ban smoking on his/her own profits would be known to be increased by a particular percentage. Mr. Dunn responded that there were several reasons. Mr. Seelie indicated this would be discussed further in Committee.
Mr. Demro indicated the Resolution provided was not the appropriate one that Council passed as amended. He said also that the original resolution asked the Clean Indoor Air committee to explore the ramifications of the Clean Indoor Air Act and did not ask as indicated in Ms. Madigan's communication to come up with a recommendation. He said this was left for Council to decide. He said the language in the Resolution presently was from the original proposal and was not the language approved by Council.
Mr. Seelie indicated this was an original.
Mr. Dunn indicated that in discussion with the Chair of the Committee; Paul Wingenfeld, that the Committee would need until at least the second meeting in March. Mr. Dunn asked if it was necessary to vote an extension.
Mr. Seelie asked to simply defer at this time to address the wording.
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to defer the Resolution and make the recommendation to extend the deadline to March 21st.
Motion adopted. All members voting yea.
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9. Communication from Mayor George regarding Agreement between the City of
Lakewood and AFSCME Administrative Employees Chapter. (Pg.14)
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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10. ORDINANCE NO. 3-05 - AN EMERGENCY ORDINANCE authorizing the Mayor of the City of Lakewood, Ohio, to enter into an Agreement with the Local 1043 and Ohio Council 8, American Federation of State, County and Municipal Employees (Administrative Employees) for a three year period. (Pg. 15)
Motion by Mr. Seelie, seconded by Ms. Madigan, to receive, file and refer Ordinance No. 3-05 to the Committee of the Whole.
Mr. Seelie indicated that according to the Ohio Revised Code placing the Ordinance on 1st Reading was not required.
Motion adopted. All members voting yea.
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11. Communication from Mayor George regarding Appointment to the Fair Employment
Wage Board. (Pg.16)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.
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12. RESOLUTION NO. 7962-05 - AN EMERGENCY RESOLUTION approving the nomination and appointment, by Mayor George, of John Sweo as a member of the Fair Employment Wage Board for a three-year term, commencing January 31, 2005 and ending January 31, 2008. (Pg.17)
Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Resolution No. 7962-05.
Motion adopted. All members voting yea.
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13. Communication from Mayor George regarding Community Emergency Response
Team. (Pg. 18)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.
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14. RESOLUTION NO. 7963-05 - AN EMERGENCY RESOLUTION authorizing the Mayor as Director of Public Safety, on behalf of the City, to enter into an Agreement with Cuyahoga County to accept and expend funds under the Office of Domestic Preparedness Fiscal Year 2004 Citizen Corps Grant Program to assist in the development of a Community Emergency Response Team (CERT) in the amount of $12,090.00. (Pg.19)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 7963-05.
Motion adopted. All members voting yea.
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15. Communication from Mayor George regarding Municipal Income Tax. (Pg.21)
Motion by Mr. Seelie, seconded by Mr. Dever, to receive, file and refer the communication to the Committee of the Whole.
Mayor George indicated that the 2005 Budget indicated a reduction from 2004 expenditures of about a $1.4 million dollars. He stated that Health Care was about $4.2 Million last year and that this year it will be about $4.8 million, increasing about $545,000. He stated that at this time all Capital Projects were in jeopardy without additional revenue. He said that the future of all capital projects were in jeopardy without additional revenue.
Finance Director Nogalo stated that the City's Bond rating was increased in 2003 and in 2004 was maintained but with a "negative outlook". In 2002 income tax showed no growth and a decrease in 2003. He said the Government Fund was reduced, State Taxes were down, costs were increasing. Almost maxed out for capital projects. He said that Moody's did see the Income Tax was 1.5%, and that the top seven cities in Cuyahoga County had a 2%.
Alan G. Baucco, A.G. Edwards (City's underwriter) - Vice President and Manager of Cleveland Public Finance Department provided a brief summary of the City's bond rating.
He mentioned economy; proximity to Major Markets, population trends, employment base; diversity and strength, wealth statistics, financial Operations, Debt and Management Issues.
He said the rating report was issued in July of 2004 when Rockport Square Bonds were issued. He said that the overall rating for Lakewood was AA2 which he said was a fantastic rating; one of the highest ratings in State. He said the addition of the term "negative outlook" assignment meant that Moody's had a window of opportunity to review the credit. He said the role of ratings in general was to assess a City's risk of potential default. He read from the outlook section in a pamphlet that he handed out. Only Columbus, Westlake and Dublin have Triple A. He mentioned that key words included when cities had "structural imbalances". e said that the credit outlook reflected the City's weakened financial position (as reflected in other cities - specifically Euclid and Cleveland Heights have received downgrades in their bond ratings). He said ratings were important because as they go and up and down they impact the interest rate a city has. He gave as an example, on a $10 million bond issue, the difference of a 1% interest rate over a ten year period would mean about $1 million. He said Moody's believes the City will be challenged to record positive operations to the extent necessary to strengthen their financial position.
Council President Seelie referenced the rating criteria; economy, fiscal operations, debt and management and said that Moody's expressed positives relative to how the City has been managed providing that the economy was the external factor effecting the rating. He stated that Glenn Research Center was laying off 700 people, and the City of Cleveland was facing problems. He said the external factors have a great deal to play in this.
Mr. Baucco said that this was true, that because Lakewood shared in the broad economy it would be influenced by that. He said Lakewood had enormous strength because of it's business diversity.
Councilmember FitzGerald commented that when the rating agencies evaluate a city they don't get into specifics such as quality of life but instead look at the balance sheet. He said that in a way this was simplistic because Councilmembers have to consider what the effect on residents would be of an income tax increase. He said he was certain that Moody's would not look at Lakewood's property tax and would not compare the property tax to other cities that may have a similar income tax. He said when residents would decide whether or not to support an income tax increase and would also have to make a judgment if it ever passed as to how that's going to effect whether or not they're going to live in the City. He said it would also be a question of whether or not people would move into the City when there is an increase in income tax on top of what the property taxes are in the City. He said that when the tax base is being looked at to see how much is generated by the tax base, it also had to be decided whether raising taxes would go to a level where the City would start to lose residents. He said the City hasn't raised income taxes in a long time but that other taxes have gone up. He said that if taxes were raised, the issue of how this would effect other entities like the Schools and Libraries and their request for increases in property taxes had to be considered. He referenced a July 23, 2004 correspondence that was included in the packet stating it was a letter from Mood's Investor Service. He said it was an analysis of Lakewood's bond rating, maintaining Lakewood's bond rating with a negative outlook. He read; "…city officials report the intention of seeking an increase in municipal income tax rate from 1.5% to 2.% in 2004. He said that was apparently the information given to Moody's. He said that the first time he heard of this would have been in January of 2004 during the Budget Hearings. He said that at that time City Council was told that probably an income tax would be proposed because the city's expenditures and revenues were not matching up. He said all of 2004 went by without any proposal. He said that Moody's gave a negative outlook even when it indicated a proposal was to go to the voters in 2004.
He said it is a crisis but it doesn't appear that people have gotten serious about it until fairly recently. He said this was a process of years of neglect and stated that if it was identified in January , 2004 that there was a crisis situation, nothing was done. He said most organizations take the last year's budget and use that as a working basis to propose the current year's budget to make additions and deletions to it. He said when this framework is used the same numbers are arrived at from the year before generally - by 1% or 2%. He said that if it is known in January of 2004 that the situation is so bad that income taxes are going to have to be asked for, that an overhaul has to be done, and government has to be reinvented. He said last year's budget in this case would not be used. He said he guessed that if the City was able to tell Moody's that government was going to be restructured so that expenditures are less in a significant way then Moody's would respond to that too. He said this was not easy but raising income taxes was the toughest thing a citizen had to do.
Mr. FitzGerald continued stating that any city facing a shortfall had two choices; cut expenditures, or raise taxes. He said the toughest thing for a governmental official to do is to cut, not raise taxes. He said that the reductions that have been made so far have never gone to the heart of the budget. He said that more than a year has gone by since the problem was diagnosed, that he believed it was diagnosed before that and not talked about, and that now the main solution being offered is raising City income taxes. He said that even if City Councilmembers were willing to go along with that, and he didn't know that they were, he asked what was the best way to show citizens that everything possible that can be done has been done. He said he was skeptical that this threshold has been reached. He said if there was a City income tax on the ballot before these things were done and it is rejected the City has to go back to Moody's and say that they tried to raise income taxes and the voters said no. He said this would put the City in a worse position. He said that although the need is immediate, a lot of work and analysis had to be done before it should be considered by City Council.
Council President Seelie indicated that the fact was the Budget had to be balanced. He said that there is no document from Moody's or elsewhere that states there has been years of neglect in the City. He said that this was prepared awhile ago and that it didn't come to light in 2004 but that the educational process begins that night. He said there are a number of options and that this particular option happened to be one that was understandable. He said the expenditures and revenues were being shown and asked that citizens should come forward and identify what should be cut. He said that if citizens wanted Lakewood to be Lakewood a decision had to be made.
Mr. Dunn stated that he wanted to acknowledge Mayor George for saying the City needs to raise taxes indicating it was difficult for an elected official to do. He said that regardless of the merits, nothing more focuses a community that there is a great financial need when an elected official goes out and does that. He said the reality is that they were not trying to avert a financial crisis, that the City was in a financial crisis.
Mr. Dunn continued stating that he has been critical of the budget process indicating it has been a technical approach. He said the 3% across the board cut, proposing an income tax, was a stop gap approach to get from 2005 to 2006. He said the only way to go forward was to find an adaptive strategy, to figure out ways to ensure a high quality of life in the community, to think creatively, bring out some big ideas, to partner with other communities, to make some big decisions, to disappoint some people. He referenced Mr. Nogalo's remarks at the Budget Hearing, saying that within a year there would be deficit spending, without a capital works project, and that it was getting worse.
Mayor George stated there was a democratic party and the no-nothing party indicating there was knowledge for about five years of budget books that shows a deficit for this year. He said that anyone coming to the realization that the City was going to have a deficit this year bazaar. He said that if the Budget Book was read the last five years and that all the sudden there is surprised as to the projected deficit for this year. He said the Administration would continue to act responsibly with consultations with professionals such as Mr. Baucco and Mr. Nogalo. He said there were a number of people who would address the situation honestly rather than show that they were taken by surprise. He asked that any ideas for additional cuts in spending be put in writing. He said it was easy to state cuts needed to made but that specifics needed to be known. He said there are employees who are not paying for health care when last year they were paying nothing.
Mr. Demro indicated that it concerns him that the Mayor was Finance Chairman for many years and that this was not discussed several years ago. He said that the City Schools brought in a consulting group that had large community meetings. He said the citizens themselves were able to come together themselves and discuss which services they thought were essential. He said before essential city services are defined, that citizen input must be sought. He said that he did not believe back yard pick up was essential. He said that people have told him that recycling is taken out to the tree lawn and asked why trash wasn't too. He said that the Finance Department has indicated that that move alone could save significant funds. He addressed Mr. Seelie's remarks regarding citizens suggesting cuts. He said that the leaders should go to them and help them through a process. He said he understood both Mr. FitzGerald's approach and Mr. Dunn's approach to the budget but stated he would not support the proposed tax increase. He said the citizens have told him many times that taxes are too much and that they would leave should more be required. He said his job was not to represent the people who work in the building but to represent the people who live in the City. He said he would encourage Council to bring in a consultant. He said that it may be too late to avert a deficit this year, but that a process should be engaged in that goes beyond the City Council and Mayor.
Council President Seelie responded that Council had to pass a balanced Budget, that groups have been brought in on the process and a number of groups will be inviting more. He said that there was a bigger picture that was illustrated in the cuts made by President Bush, and Governor Taft. He said Lakewood, like every other city, business in the whole country was going to be effected by all these cuts.
Councilmember FitzGerald indicated that one of the items the Bond Rating communities look at was how the public officials conduct themselves. He said they want to see if people can have rational discussion. He said that his own comments were about serious reservations he had about the tax increase proposal. He said that he thought the crisis that is being addressed today should have been addressed earlier. He said it was not a surprise to him, and that one of his reasons for his considering the West End project was because he was aware this problem was looming. He said that he would not agree with the proposal but would not say that people who take the opposite point of view don't know anything. He said Mayor George would have to figure out the appropriate way to engage councilmembers in dialogue but that he would not use those kinds of terms even if they are used for him. He indicated the Mayor had to help set the tone to the debate. He said that his advice to the mayor was that scoffing and rolling eyes when councilmembers express hesitancy about raising taxes; that there would be a lot of people expressing hesitancy and that Mayor George could say none of them know anything but that they know what their household budget is. He said they have a great deal of difficulty paying their taxes as they are. He said he had no problems pointing out faults when he saw them. He said that in January an income tax was proposed by the Mayor. He said the Mayor at that time said if there were any councilmembers who weren't going to go along with that that they could explain it to a room full of angry city employees. He said that more than a year has passed, that nothing was done with the income tax proposal for a year. He said he thought it was the Mayor's role to try and identify more significant cuts. He said that today, the comment was asking for others to submit cuts in writing. Mr. FitzGerald addressed Mayor George stating that he was elected Mayor and that he should propose some cuts. He said apparently the process is that if there were councilmembers with questions about a 33% increase in taxes, the Mayor would say they are a no-nothing party. He stated the comment was out of line from the Mayor and indicated to Mr. Seelie that this should have been ruled out of order.
Councilmember Corrigan asked for the cost difference is for the City to borrow money if the City dropped to an AA3 level, on a percentage for interest charged for the City's capital budget. Mr. Baucco responded that at this time the differential was not more than a quarter of a percent that avoiding dramatic drops was the aim.
Mr. Dunn asked if there was anything presently that could be done to stave off the possibility of a lowered bond rating.
Mr. Baucco indicated this is already being done with the contemplation of ballot issues.
Council President Seelie indicated more discussion would be had in Committee.
Motion adopted. All members voting yea.
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16. ORDINANCE NO. 4-05 - AN EMERGENCY ORDINANCE to amend Sections 128.0501, 128.1302, 128.0502 and 128.1902 of Chapter 128 of the Administrative Code of the Codified Ordinances of the City of Lakewood to increase the rate of municipal income tax from 1.5% to 2.0% per annum, effective January 1, 2006, for the purpose of providing funds for general municipal services and capital improvements, and to increase the resident municipal income tax credit for taxes paid on the same taxable income to other municipalities. (Pg. 23)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 4-05 on 1st Reading and refer it to the Committee of the Whole.
Motion adopted. All members voting yea.
Item 1 followed item 16)
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17. Communication from Law Director Corrigan regarding Submerged Lands Lease
at Lakewood Park, 14532 Lake Avenue, Lakewood, Ohio. (Pg.27)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.
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18. RESOLUTION NO. 7963-05 - A ("A" added because of duplication of number) - AN EMERGENCY RESOLUTOIN approving the use of submerged lands for property located at and abutting 14532 Lake Avenue in the City of Lakewood, Ohio (a legal description of which is attached hereto as "Exhibit A") so that the owner can undertake lakeshore protection measures. (Pg.28)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to suspend the rules requiring this Resolution be read on three separate days and placing Resolution No. 7963-05 on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Rules suspended.
Motion by Mr. Seelie, seconded by Mr. Corrigan, to adopt Resolution No. 7963-05.
Mr. Corrigan requested receipt of Exhibit A which was provided after the item was deferred.
Mr. Dever asked if the grants are dependant on having the lease in place. Law Director Corrigan responded this was the case.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Resolution No. 7963-05A adopted
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19. Communication form Planning & Development Director Jordon regarding
EDF Support for Advanced Energy Technology, Inc. (AET). (Pg.30)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to receive, file and refer the communication to the Finance Committee.
Mr. FitzGerald indicated this was an exciting project. He stated that conversations had been going on over the years about the Union Carbide property. He stated that Ed Favre from the School Board has discussed with Union Carbide about some of the property that is not being used for the actual manufacturing process. He said that at one time the City talked with them also and that he may have mentioned this to Councilmember Madigan previously. He stated that there was green space there but that there were some environmental issues there as well.
Motion adopted. All members voting yea.
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20. ORDINANCE NO. 5-05: AN ORDINANCE authorizing the Mayor or his designee to enter into an agreement with Advanced Energy Technology 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 Seventy Thousand Dollars ($70,000.00). (Pg. 31)
Motion by Mr. FitzGerald, seconded by Mr. Seelie, to place Ordinance No. 5-05 on 1st Reading and refer it to the Finance Committee.
Ms. Madigan referenced a previous request about being apprised of the remaining funds in the Economic Development Fund to be provided.
Mr. Jordon responded that it was less than $25,000. He indicated that in 2005 another $400,000 would be brought in. Ms. Madigan referenced the President's comments and asked if in 2006 the City could only count on $200,000. Mr. Jordon indicated this was a possibility.
Motion adopted. All members voting yea.
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21. Communication from Human Services Director Buckon regarding Juvenile Diversion
Program. (Pg.33)
Motion by Mr. Seelie, seconded by Mr. Dunn, to receive and file the communication.
Motion adopted. All members voting yea.
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22. RESOLUTION NO. 7964-05 - A RESOLUTION authorizing and directing the Mayor for and on behalf of the City of Lakewood to enter into a Contract with the Cuyahoga County Juvenile Court to accept and expend funds for the City's Juvenile Diversion Program. (Pg.34)
Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Resolution No. 7964-05.
Ms. Madigan indicated this was a necessary program and hoped for support from Council for the program.
Motion adopted. All members voting yea.
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23. Communication from Finance Director Nogalo regarding 2005 Appropriation. (Pg.35)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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24. ORDINANCE NO. 6-05 - AN EMERGENCY ORDINANCE to establish appropriations for current expenses and other expenditures of the City of Lakewood, State of Ohio, for the fiscal year ending December 31, 2005. (Pg. 36)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to place Ordinance No. 6-05 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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25. Communication from Finance Director Nogalo regarding Transfer of Funds for Fiscal Year 2005. (Pg. 39)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive, file and refer the communication to the Finance Committee.
Motion adopted. All members voting yea.
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26. ORDINANCE NO. 7-05 - AN EMERGENCY ORDINANCE to authorizing the transfer of certain funds. (Pg.40)
Motion by Mr. FitzGerald, seconded by Mr. Dever, to place Ordinance No. 7-05 on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
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27. Communication from Finance Director Nogalo regarding Withholding Consent.
(Pg.42)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the communication.
Motion adopted. All members voting yea.
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28. RESOLUTION NO. 7965-05 - AN EMERGENCY RESOLUTION withholding consent for the remission of taxes, penalties and interest on an application for real property tax exemption filed under section 3 of H.B. 362 of the 125th General Assembly. (Pg. 43)
Motion by Mr. Seelie, seconded by Mr. Corrigan, to suspend the rules requiring this Resolution be read on three separate days and placing Resolution No. 7965-05 on final reading.
Mr. Dever asked the approximate number of people effected by the real property exemption.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Resolution No. 7965-05.
Motion adopted. All members voting yea.
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29. Communication from Public Works Director Beno regarding Contracting Ordinance
for 2005 Capital Improvements. (Pg. 44)
Public Works Director Beno asked that the rules be suspended so that only the
CDBG streets for capital improvement and the wastewater and water system replacements
on Manor Park, Chesterland, and Wyandotte because a delay could effect the
program dollars for the CDBG from HUD; referring remaining capital improvements
to the Public Works Committee. Mr. Beno said the reason this is being done
is because a waterline and sewer line have to be a replaced on these streets.
Planning and Development Director Jordon stated that a formula of a 70% fund
requirement of CDBG funds being spent on low/moderate income areas had not
been met in the last two years. He said in 2003 it was 60% and 2004 it was
61%. He said that one reason why was that Sloane Avenue; an $800,000 CDBG funded
project was not completed in 2004. He said the requirement was averaged over
a three year period. He said this meant that in 2005 the City had to make up
the 19 percentage points that were not achieved in 2003 and 2004.
Mr. Dunn asked how census tracks are determined for low/moderate income. Mr.
Jordon responded that the Federal Government determines this by the census.
Motion by Mr. Seelie, seconded by Mr. Demro, to receive, file and refer the
to the Finance Committee, (recommending Items 30, 31, 32, 33, 34, 35, and 36
be read successively and also referred to the Finance Committee).
Mr. Corrigan wanted clarification as to what items suspension of the rules
applied. Response was items 37 and 38.
Motion adopted. All members voting yea.
…
.
(Clerk reads items 30-36 - to place on 1st Reading & refer to the Finance
Committee)
Motion by Mr. Seelie, seconded by Mr. FitzGerald, to place Ordinances No.
8-05, 9-05, 10-05, 11-05, 12-05 on 1st Reading and refer the to the Finance
Committee.
Motion adopted. All members voting yea.
…
.
30. ORDINANCE NO. 8-05 - AN EMERGENCY ORDINANCE authorizing and directing the
Director of Public Works to advertise for bids and enter into a contract with
the lowest and best bidder for Building and Facilities Improvements 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. 45)
*
31. ORDINANCE NO. 9-05 - AN EMERGENCY ORDINANCE authorizing and directing the
Director of Public Works to engage architectural and/or engineering firms to
provide professional services in the design and preparation of specifications
and contract administration and to advertise for bids and enter into a contract
with the lowest and best bidder for Building and Facilities Improvements 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.47)
*
32. ORDINANCE NO. 10-05 - AN EMERGENCY ORDINANCE authorizing and directing
the Director of Public Works to advertise for bids and enter into a contract
with the lowest and best bidder for Park Improvements 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. 49)
*
33. ORDINANCE NO. 11-05 - AN EMERGENCY ORDINANCE authorizing and directing
the Director of Public Works to engage architectural and/or engineering firms
to provide professional services in the design and preparation of specifications
and contract administration and to advertise for bids and enter into a contract
with the lowest and best bidder for Infrastructure Improvements 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. 51)
*
34. ORDINANCE NO. 12-05 - AN EMERGENCY ORDINANCE authorizing and directing
the Mayor (Director of Public Safety), the Director of Public Works, and the
Director of Finance to to advertise for bids and enter into a contract with
the lowest and best bidder in accordance with the Administrative Code of the
City of Lakewood, for the purchase of the listed vehicles and equipment, contracts
not to exceed the specified amounts shown without separate Resolution of Council.
(Pg.53)
*
* Items were placed on 1st Reading and referred to the Finance Committee in
one motion.
…
.
35. ORDINANCE NO. 13-05 - AN EMERGENCY ORDINANCE authorizing and directing
the Director of Public Works to engage architectural and/or engineering firms
to provide professional services in the design and preparation of specifications
and contract administration and to advertise for bids and enter into a contract
with the lowest and best bidder for Wastewater System Replacement Program 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.55)
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. 13-05 on Final Reading.
Mr. FitzGerald indicated some residents talked at the last Budget Hearing and wanted to make sure the 2005 streets marked for repair were looked at again. He said he wanted to make sure that passing the ordinance did not preclude Council from looking at those specific streets that were mentioned; Rosalie, Abbieshire, etc. (Item 35)
Finance Director Nogalo said that the streets earmarked were CDBG streets and the County streets.
Mr. FitzGerald indicated that if the assurance was that this would not effect the streets mentioned then he would be fine with the request. Mr. Nogalo said that they would not begin on any of the other streets except for CDBG as far as water and sewer.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Rules suspended.
Motion by Mr. Seelie, seconded by Mr. Dunn, to adopt Ordinance No. 13-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 13-05 adopted.
…
.
36. ORDINANCE NO. 14-05 - AN EMERGENCY ORDINANCE authorizing and directing the Director of Public Works to advertise for bids and enter into a contract with the lowest and best bidder for Wastewater Treatment Plant Improvements 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. 57)
Motion by Mr. Seelie, seconded by Mr. Dever, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 14-05 on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Rules suspended.
Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 14-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 14-05 adopted.
…
.
37. ORDINANCE NO. 15-05 - AN EMERGENCY ORDINANCE authorizing and directing the Director of Public Works to engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for the 2005 Water System Replacement Program 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.59)
Motion by Mr. Seelie, seconded by Mr. Dever, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 15-05 on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Rules suspended.
Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 15-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 15-05 adopted.
…
.
38. ORDINANCE NO. 16-05 - AN EMERGENCY ORDINANCE authorizing and directing the Director of Public Works to engage architectural and/or engineering firms to provide professional services in the design and preparation of specifications and contract administration and to advertise for bids and enter into a contract with the lowest and best bidder for C.D.B.G. Fund Infrastructure Improvements 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. 61)
Motion by Mr. Seelie, seconded by Mr. Dever, to suspend the rules requiring this Ordinance be read on three separate days and placing Ordinance No. 16-05 on final reading.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Motion adopted. Rules suspended.
Motion by Mr. Seelie, seconded by Mr. Dever, to adopt Ordinance No. 16-05.
Yeas: Corrigan, Demro, Dever, Dunn, FitzGerald, Madigan, Seelie
Nays: None
Ordinance No. 16-05 adopted.
…
.
39. Liquor Permit Application for D5 and D6 transfers to Lous Corp, d/b/a Angelos Pizza; 13713-15 Madison Avenue, 1st Fl, from Sevel Sansom Inc, d/b/a St. Clair Cave; 6735-37 St. Clair Avenue 1st Flor, Cleveland, Ohio 44107. (Pg. 63_
Mr. Corrigan indicated Law Director there were no objections, referenced Mr. Seelie form the Ward of the establishment; no objection.
Councilmember Corrigan referenced the allowance of a permit to come from outside the jurisdiction if the owner made proper application under economic development project. Law Director Corrigan confirmed this.
Motion by Mr. Corrigan, seconded by Mr. Seelie, to file no objection to the liquor permit application.
Mr. Corrigan asked the number of liquor establishments in the City be provided.
Motion adopted. All members voting yea.
…
.
Meeting adjourned at 10:04 P.M.