MINUTES
OF THE
REGULAR MEETING OF
LAKEWOOD CITY COUNCIL
HELD IN COUNCIL CHAMBERS
12650 DETROIT AVENUE
APRIL 21, 2003
7:30 P.M.
Regular Meeting of the Lakewood City Council called to order at 7:37 P.M. by
Council President Seelie.
Pledge of Allegiance
Roll Call
Moment of Silence
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Present: Councilmembers Brian T. Corrigan, Michael W. Dever, Denis P. Dunn,
Edward FitzGerald, Thomas J. George, Nancy J. Roth, Robert M. Seelie.
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Also Present: Mayor Cain, Acting Chief Sabala, Fire Chief Mroz, Acting Law Director
Gill, Public Works Director Boag, Finance Director Blasko, Planning & Development
Director Pietravoia, Assistant Safety Director for the Division of Building
& Housing Gallagher, Assistant Human Services Director Hall, Executive Assistant
to the Mayor for Community Relations Antonio, Human Resources Administrator
Reynolds.
Pledge of Allegiance
Moment of Silence
Roll Call
Reading and Disposal of the Minutes of the Regular Meeting of Council held 4/7/03.
Motion by Mr. George, seconded by Mr. Seelie, to approve the Minutes of 4/7/03. without the necessity of a reading.
Motion adopted. All members voting yea.
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Without objection from Council, Items 39, 40, 41, 42, 44 and 45 are brought to the beginning of the agenda.
Without objection from Council Public Comment was heard after previous items.
****OLD BUSINESS****
1. Committee of the Whole Verbal Report regarding Easement Agreement with the Sisters of Charity of St. Augustine.
Mr. Seelie indicated the Committee will meet on the item at a future date.
Motion by Mr. Seelie, seconded by Mr. Corrigan, to receive and file the report.
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2. ORDINANCE NO. 34-03 – AN ORDINANCE to authorize the Mayor of the City
of Lakewood to enter into the necessary agreements with The Sisters of Charity
of St. Augustine to obtain an easement to the City’s benefit for certain
lakefront property known by street address as 14808 Lake Avenue, Lakewood, Ohio
44107. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 4/7/03)(Exhibits
were published with ordinance 34-03 in the 4/7/03 docket and are available for
review in the clerk of council office during regular business hours. Previous
Council Dockets are also on file in both Lakewood Public Libraries )
(Pg. 9)
Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 34-03
on second reading and refer to Committee of the Whole.
Motion adopted. All members voting yea.
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3. Finance Committee Verbal Report regarding $4,118,500 Various Purpose General Obligation Anticipation Notes.
Mr. George submitted the following report:
Your Finance Committee met this evening prior to the Council Meeting in the Finance Conference Room to discuss the next twenty or so items on the agenda. General Purpose Notes totaling 4.1 million dollars of which 1.4 million dollars are for street improvements, $390,900 in equipment purchases and upgrades and $775,600 in park and recreation and improvements. All these items were discussed a great deal during the Budget Hearings in February and your Finance Committee voted unanimously to recommend adoption of all the ordinances this evening.
Motion by Mr. George, seconded by Mr. Seelie, to receive and file the verbal report.
Motion adopted. All Members voting yea.
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4. FISCAL OFFICER’S CERTIFICATE $80,000 SIDEWALK IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2003. (Pg. 11)
Mr. George requests the opinion form the Legal Counsel regarding receiving and filing the Fiscal Officer’s Certificate by one motion. Mr. Gill responded that the one motion could be made.
Motion by Mr. George, seconded by Mr. Corrigan to receive and file the Fiscal Officer Certificates reflected in items 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, and 30.
Motion adopted. All members voting yea.
….
{Bond Anticipation Note Ordinances Nos. 15-03 through and including Ordinance No. 28-03 were placed on 1st Reading & Referred to the Finance Committee 3/17/03 Placed on 2nd Reading 4/7/03. The first page of each Anticipation Note Ordinance is published in this docket. The ordinances were published in their entirety in the 3/17/03, and 4/7/03 Council Docket. The full contents are available for public review in the Clerk of Council Office during regular business hours and previous Council Dockets are on file in both Lakewood Public Libraries )
[Bond Anticipation Note Ordinances were Adopted by One Motion reflected at
the end of Item 31]
5. ORDINANCE NO. 15-03 - AN EMERGENCY ORDINANCE to provide for the issuance
of $80,000 Sidewalk Improvement Bond Anticipation Notes, Series 2003 of the
City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose
of improving certain streets designated by Council by reconstructing sidewalks
and drive aprons as necessary. (Pg. 13)
Mr. George asked Legal Counsel if after reading, Ordinances Nos. 15-03, 16-03,
17-03, 18-03, 19-03, 20-03, 21-03, 22-03, 23-03, 24-03, 25-03, 26-03, 27-03,
28-03, and 28-03 – could be adopted at one time. Mr. Gill responded that
they must be read separately and could be moved on singly. Mr. Seelie indicated
the requirement
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6. FISCAL OFFICER’S CERTIFICATE $201,500 MOTORIZED EQUIPMENT BOND ANTICIPATION NOTES, SERIES 2003 (Pg.12)
7. ORDINANCE NO. 16-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $201,500 Motorized Equipment Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring motorized equipment and appurtenances thereto. (Pg. 14)
8. FISCAL OFFICER’S CERTIFICATE - $468,000 MUNICIPAL BUILDINGS IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2003 ()
9. ORDINANCE NO. 17-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $468,000 Municipal Building Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of renovating, furnishing and equipping municipal buildings and properties and improving sites. (Pg. 15)
10. FISCAL OFFICER’S CERTIFICATE - $1,155,000 WASTEWATER TREATMENT PLANT IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2003 (
11. ORDINANCE NO. 18-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $1,155,000 Wastewater Treatment Plant Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving sanitary sewers and the City’s wastewater treatment plant. (Pg.16)
12. FISCAL OFFICER’S CERTIFICATE $20,000 POOL IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2003
13. ORDINANCE NO. 19-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $20,000 Pool Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Foster Pool and Madison Pool. (Pg. 17)
14. FISCAL OFFICER’S CERTIFICATE $535,600 PARK IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2003
15. ORDINANCE NO. 20-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $535,600 Park Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving park facilities and sites and roadways therein. (Pg. 18)
16. FISCAL OFFICER’S CERTIFICATE $50,000 TREE PLANTING BOND ANTICIPATION NOTES, SERIES 2003
17. ORDINANCE NO. 21-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $50,000 Tree Planting Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets and municipal properties by clearing, trimming and planting trees. (Pg. 19)
18. FISCAL OFFICER’S CERTIFICATE $166,400 COMPUTER EQUIPMENT BOND ANTICIPATION NOTES, SERIES 2003
19. ORDINANCE NO. 22-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $166,400 Computer Equipment Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of acquiring computers and systems therefore for municipal purposes. (Pg. 20)
20. FISCAL OFFICER’S CERTIFICATE $760,000 STREET IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2003
21. ORDINANCE NO. 23-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $760,000 Street Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving certain streets designated by Council by resurfacing with deep grind and overlay and reconstructing curbs as necessary. (Pg. 21)
22. FISCAL OFFICER’S CERTIFICATE $40,000 TRAFFIC SIGNALIZATION BOND ANTICIPATION NOTES, SERIES 2003
23. ORDINANCE NO. 24-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $40,000 Traffic Signalization Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving streets by improving traffic signalization. (Pg. 22)
24. FISCAL OFFICER’S CERTIFICATE $70,000 W. CLIFTON ROAD & MANOR PARK AVENUE IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2003
25. ORDINANCE NO. 25-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $70,000 W. Clifton Road & Manor Park Avenue Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving certain streets designated by Council by improving West Clifton Road and Manor Park Avenue by resurfacing. (Pg. 24)
26. FISCAL OFFICER’S CERTIFICATE $312,000 HILLIARD ROAD & FRANKLIN BOULEVARD IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2003
27. ORDINANCE NO. 26-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $312,000 Hilliard Road/Franklin Boulevard Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Hilliard Road/Franklin Boulevard from Lakeland Avenue to Bunts Road by resurfacing and reconstructing sidewalks, curbs and drive aprons as necessary. (Pg. 25)
28. FISCAL OFFICER’S CERTIFICATE $80,000 W. CLIFTON BOULEVARD IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2003
29. ORDINANCE NO. 27-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $80,000 W. Clifton Boulevard Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving West Clifton Boulevard from Clifton Boulevard to Riverside Drive by resurfacing. (Pg. 26)
30. FISCAL OFFICER’S CERTIFICATE $180,000 BUNTS ROAD IMPROVEMENT BOND ANTICIPATION NOTES, SERIES 2003
31. ORDINANCE NO. 28-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $180,000 Bunts Road Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Bunts Road at Detroit Road by widening and providing an additional turn lane. (Pg. 27)
Motion by Mr. George, seconded by Mr. Seelie, to adopt items 5,7,9, 11, 13, 15, 17, 19, 21, 21, 23, 25, 27, 29 and 31.
Ms. Roth expressed appreciation to the Administration for obtaining a AA2 Rating. She said that the bonds could be sold below the one and half percent interest. She said this would be extremely favorable to the City.
Motion adopted. All members voting yea.
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32. Finance Committee Verbal Report regarding Auction of Obsolete Equipment.
Mr. George submitted the following report:
Your Finance Committee met prior to tonight’s meeting to discuss Ordinance
35-03 which is the annual City Auction which will be held on Saturday, June
7, at 8:00 a.m. in the garage behind City Hall. Obsolete equipment from the
City along with confiscated materials from the Police Department will be auctioned
off. There’s approximately 115 bicycles, cell phones, pages. We certainly
invite all members of the public to attend and your Finance Committee voted
unanimously to recommend adoption of 35-03 these evening.
Motion by Mr. George, seconded by Mr. Dever, to receive and file the oral report.
Motion adopted. All members voting yea.
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33. ORIDNANCE NO. 35-03 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Finance to sell, through public auctions, various obsolete, surplus and non-functioning City vehicles, materials and/or equipment. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/7/03) (Pg. 28)
Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 35-03
on 2nd Reading.
Motion adopted. All members voting yea.
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34. ORDINANCE NO. 30-03 – AN ORDINANCE to enact new Chapter 113, Living
Wage, of the Codified Ordinances of the City of Lakewood for the purpose of
requiring qualified businesses who contract with the City to pay an hourly wage
which enables the employee to live above the level of poverty. (PLACED ON 1ST
READING & REFERRED TO THE HEALTH & HUMAN SERVICES COMMITTEE 4/7/03)(Pg.
29)
Motion by Mr. FitzGerald, to place Ordinance No. 30-03, on 2nd Reading and
refer it back to the Health & Human Services Committee.
Motion adopted. All members voting yea.
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35. ORDINANCE NO. 31-03 – AN EMERGENCY ORDINANCE to establish additional
appropriations for current expenses and other expenditures of the City of Lakewood,
State of Ohio, for the fiscal year ending December 31, 2003. (PLACED ON 1ST
READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 4/7/03) (Pg. 33)
Motion by Mr. Seelie, seconded by Mr. George, to place Ordinance No. 31-03 on 2nd Reading and refer it back to the Public Works Committee.
Motion adopted. All members voting yea.
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36. ORDINANCE NO. 32-03 – 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 additional street repair projects in accordance with the Administrative Code of the City of Lakewood, contracts not to exceed the specified amounts shown without separate resolution of Council. (PLACED ON 1ST READING & REFERED TO THE PUBLIC WORKS COMMITTEE 4/7/03) (Pg. 34)
Motion by Mr. George, seconded by Mr. Dunn, to place Ordinance No. 32-03 on 2nd Reading and refer it back to the Public Works Committee.
Motion adopted. All members voting yea.
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37. ORDINANCE NO. 33-03 – AN ORDINANCE authorizing the Mayor to make a gift of a 1950’s motorcycle to the Lakewood Police Benevolent Association for the purpose of refurbishing said motorcycle to be used at public events by the Association. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 4/7/03)(Pg. 36)
Motion by Mr. Seelie, seconded by Mr. George, to Place Ordinance No. 33-03
on 2nd Reading and refer it back to the Committee of the Whole.
Motion adopted. All members voting yea.
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38. Liquor Permit Application for C1 & C2 classes to Cordova Beverage 777066
d/b/a Cordova Beverage, 17020 Madison Avenue. (Deferred 4/7/03)(Pg. 37)
Mr. Dunn read a correspondence from the Administration stating the following:
This is to advise that I reviewed the liquor investigation that was conducted with respect to the transfer of the license at the above captioned location, and based upon a review of the investigative report and also a review of Ohio Revised Code section 4303.292 it is my opinion that there is not legal cause to object to the application for transfer. A copy of the investigative report is attached. Very truly yours, Thomas P. Gill, Acting Director of Law.
Mr. Corrigan, Ward Councilmember in the area of the establishment was referred to. He stated he had no reason to object.
Motion by Mr. Dunn, seconded by Mr. Seelie, to file no objection to the transfer.
Motion adopted. All members voting yea.
****NEW BUSINESS****
39. Communication from Councilman Corrigan regarding Bill and Adele Malley resolution.
(Pg. 38)
Motion by Mr. Corrigan, seconded by Mr. Dunn, to receive and file the communication.
Motion adopted. All members voting yea.
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40. RESOLUTION NO. 7752-03 - A RESOLUTION commending Bill and Adele Malley for
their ongoing contribution to the Lakewood Community. (Pg. 39)
Motion by Mr. Corrigan, seconded by Mr. Dever, to Adopt Resolution No. 7752-03.
Motion adopted. All members voting yea.
41. Verbal communication from Councilwoman Roth regarding Mary Swindell.
Ms. Roth submitted the following communication:
This is a surprise, I think. Mary Swindell who writes for the Westlife and is also a lifelong resident is going to be moving out of the state, in a month or so. I didn’t want her to leave without being able to take the opportunity to formally express the gratitude that I have for her over these years and the accurate way that she reported the news and also very entertaining and interesting. She is a lifelong resident of Lakewood and I met her when I was sitting on a Committee for the Lakewood/Madison Park Festival and she’s very involved in her church, very committed to the City through activities. I would ask that the Council join me this evening in adopting this resolution.
Motion by Ms. Roth, seconded by Mr. George, to receive and file the communication.
Motion adopted. All Members voting yea.
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42. RESOLUTION NO. 7753-03 A RESOLUTION honoring Mary Swindell.
Motion by Ms. Roth, seconded by Mr. Seelie, to adopt Resolution No. 7753-03.
Motion adopted. All Members voting yea.
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43. Communication from Mayor Cain regarding municipal bond rating upgrade. (Pg.
41)
Motion by Mr. George, seconded by Mr. Seelie, to receive and file the communication.
Ms. Roth commented that the presentation to Moody’s Investors Service Document was well done and asked that the public have access to it at the Public Library. Mayor Cain responded she appreciated the comments and said that in addition to placing the document at the library that they would be putting the document on the web page.
Motion adopted. All Members voting yea.
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44. Communication from Mayor Cain regarding Brianna Redding, 2003 Earthday poster
contest winner. (Pg. 42)
Motion by Mr. Seelie, seconded by Mr. George, to receive and file the communication.
Motion adopted. All members voting yea.
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45. RESOLUTION NO. 7754-03 - A RESOLUTION to congratulate Brianna Redding on placing first in the annual statewide “Earthday to Earthday” poster contest. (Pg. 43)
Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7754-03.
Motion adopted. All members voting yea.
{Without objection from Council, the Public Comment Portion of the Meeting followed
this item}
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46. Communication from Mayor Cain and School Superintendent Joseph Madak regarding
agreement between the City of Lakewood and the Lakewood Public School District
relating to the establishment of a Tax Increment Financing District. (Pg. 44)
(Mayor Cain adds, that she would like Council to adopt the Resolution that evening.
She said the Resolution was a requirement of Law. She said without it, the School
District could not deliberate the agreement. She asked the Ordinance be sent
to Committee).
Motion by Mr. Seelie, seconded by Mr. Dever, to receive and file the communication.
Mr. Seelie added that this was a requirement by state law that will initiate the review process for the Schools. He said that upon receipt of this from the City, the School Board can then formally respond to the proposed agreement. He said it did not obligate the City to take any action now or in the future regarding the proposed Development Agreement for the West End. He said the other two ordinances were different.
Motion adopted. All members voting yea.
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47. RESOLUTION NO. 7755-03 - AN EMERGENCY RESOLUTION authorizing the Clerk of
Council to provide notice to the Board of Education of the Lakewood City School
District regarding proposed tax increment financing relating to the West End
Redevelopment Area. (Pg.47)
Motion by Mr. Seelie, seconded by Mr. George, to adopt Resolution No. 7755-03.
Ms. Roth asked about the sixth “Whereas” regarding timing. She asked if meetings had been scheduled. She read, “City’s intent to enter into the Development Agreement not less than 45 business days prior to execution of the Development Agreement”…”the Board of Education, the School District has not less than 14 days prior to the date of the Development Agreement that would be executed by the City”. She asked if there were dates yet, and where it said, “executed by the City” if that meant the same thing as adopted by Council or if it meant signed by the Mayor.
Planning & Development Director Pietravoia responded that the dates are yet to be identified. He said the schools could begin to deliberate at their regular meetings in May. He said that “execution” meant the date the agreements are actually signed, not the date of passage by Council.
Motion adopted. All members voting yea.
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48. ORDINANCE NO. 37-03 - AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into an agreement with the Lakewood City School District regarding sharing with the School District of tax revenue and service payments received by the City under a proposed Development Agreement relating to the West End Redevelopment Area and waiving the School District’s right to a forty-five (45) business day notice of such agreement. (Pg. 50)
Motion by Mr. Seelie, seconded by Mr. George, to place Ordinance No. 37-03 on 1st Reading and refer it to the Committee of the Whole.
Motion adopted. All Members voting yea.
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49. Communication from Planning and Development Director Pietravoia regarding West End Revitalization Project Development Agreement. (Pg. 52)
Motion by Mr. Seelie, seconded by Mr. George, to receive, file and refer the communication to the Committee of the Whole.
Approximately ten residents in the plan area and nearby neighborhood opposed determination of “blight” in the area. They asserted Council’s original vote on blight was based on faulty information provided in the D.B. Hartt Study. They indicated crime statistics were taken from a larger area than the Plan Area, types of crimes were manipulated to support “blight”, and inconsistencies in crimes reported in high police incident areas such as bars and restaurants. Residents indicated statistics did not accurately reflect fire department responses in the area, instead including the medically related responses and in the same pool as fire responses, to erroneously conclude unsafe buildings. Others said that the determination of homes being functionally and economically obsolete because of the number of bathrooms, presence of a two-car and/or attached garages, size of yard and or lower cost per square foot was unfair stating most homes in Lakewood would fall in the same category. Other area residents stated square footage of lots, number of rooms, home improvements and rental rates were under-reported. A couple of residents indicated the Hartt Report reported the number of stories to their home or building incorrectly. Questions were posed about the adherence to the Clean Water Act; if a Clean Water Degradation Certificate was secured, if an archeological survey had been done on the ridge, if a nationwide permit because the River area was a federal jurisdiction from the Army Corps of Engineers was secured and if a storm water pollution prevention plan was approved by the Ohio EPA yet. A resident said the project could not go forward without securing the permits. A resident asked if “Opportunity costs” were considered, if what the City was u giving up to get something else was reviewed. Some residents said they were given good marks from Project Pride, the Building Department and the Fire Departments over the years. A resident asked how many people the theaters would hold and if things were shown to be wrong in the study if the City could get its money back.
Approximately seven residents spoke in favor of the project indicating concerns on Lakewood’s tax base, further deterioration of streets, future of schools and need for jobs. There was concern expressed that if the West End Project didn’t go forward the City would have instability. A resident said the over 200 new homes for residents to live in was a positive and that it would great to spend dollars in City she lived in. A resident said that whenever the TIF was done, the project would not have cost the City any money, that there would be more income tax revenue, a raise in property values for everyone in the City. A resident said that since 1993, the City worked proactively in the MainStreet Plan to be proactive instead of reactive in preserving Lakewood. A resident said that there was a vocal minority opposed to the Development. A resident indicated she wanted the project to go forward so she could sell her home.
Mr. George asked for more clarification on eminent domain. He said his understanding was that a separate action of Council was required and asked if any factors including designating the area blighted was a factor. In response it was stated that separate action on each parcel to be assembled was required by Council. If it was found to be necessary for the development project to proceed as it related to findings of public purpose that would include potential additional findings of blight that Council already approved a Community Development Plan which had some of that. Other issues would also be addressed such as community development, economic development, and other reinvestment opportunities for the City and the co-developer.
Mr. George asked what the separate would involve. In response it was stated that separate action for each property. The City would have to notify each property owner personally, have a resolution and then still make a good faith effort to try to acquire the property. If that were unsuccessful the City would have an ordinance adopted and a petition to appropriate would be filed in Probate Court of Cuyahoga County. Mr. George asked how many residents and business owners (by hand or standing) – reached an agreement with developers. (Approximately 10 hands were raised).
Mr. Seelie restated the motion to receive, file and refer the communication to the Committee of the Whole.
Motion adopted. All members voting yea.
….
50. ORDINANCE 38-03 - AN EMERGENCY ORDINANCE authorizing the Mayor or her designees
to enter into a Development Agreement relating to the West End Redevelopment
Area and declaring improvements to certain parcels of real property to be a
public purpose as outlined in section 725.02 of the Ohio Revised Code; requiring
the owners of those parcels to make urban renewal service payments in lieu of
taxes; establishing a tax incentive review council; and authorizing the execution
of various contracts, certifications and other documents related thereto. (Pg.
55)
Motion by Mr. Seelie, seconded by Mr. Dunn, to place Ordinance No. 38-03.
Mr. Corrigan said there were still many questions related to a number of the assumed benefits of the project. He said there was the assertion the project was going put a stop to increased taxes, and may actually reduce taxes. He said there was reference to over 500 jobs being created and questioned if they were full-time equivalent jobs, the types and quality of jobs. He said The Community Vision which was referred to was adopted in 1993 and that the MainStreet Study had identified the current West End district as well as other areas of the City as areas that would benefit from economic development. He said the studies have attracted a developer to express a serious interest in the current area know as the West End or Scenic Park and that they have presented a plan. He said when somebody wants to make a significant investment into the City, City Council, and the community, have a responsibility to consider the offer and to weigh the costs and benefits. He said that development agreement before them that night had been negotiated between the City and the Developers and was a result of a process of community meetings, studies and analysis and consumed a lot of time. He said the process has dominated the lives of a lot of people who are in the effected area. He said Council continue to encourage economic development in Lakewood. He said Council’s participation and guidance has resulted in a much better agreement than what was originally presented. He said he still believe, however, that much work needed to be done on the agreement. He said as it is presently proposed and financed was too invasive into the residences and finances of the City. He said that if the project was not successful there would be a great cost to the City in a yearly payment of the TIF. He said that because he was in the spirit of being in favor of giving this project every chance to succeed, he would favor placing the ordinance on first reading, understanding three readings would need to transpire before a vote. He said as the project stands right now, he believed the project to be too big, too invasive into the finances and into the community and would continue to encourage the developer, to be flexible and consider a leaner, smaller project.
Mr. George said a great amount of effort was expended trying to make the project successful but at this time he had a many reservations about what it did to the City’s tax base, ability to provide services, road and sewer repair. He said the City’s consultant was clear that before the project proceeded an analysis of the City’s capital projects needed to be completed to see if there would be enough money to fund them. He asked the impact the project would have on other projects such as the lake front project. He said he questioned from the beginning the need to take residential properties to make the project go. He said he still hasn’t had a good answer yet and that the process is now involving attorneys which he said could last for years. He said in order for the project to move forward it would have to be without the residential areas included. He said he was willing to put the ordinance on first reading and put it in Committee to allow for more review but said if nothing changes he couldn’t see how he support it.
Mr. Seelie said he was inclined to think the project had more merit than not. He said the agreement may need more changes but overall thought this was “the right kind of project at the right time in the right place”.
Mr. Dunn said he thought this was a tremendous opportunity for the City of Lakewood and that it would have to be managed. He said he would be misrepresenting himself if he said he didn’t support the project. He said one of the reasons he ran for office was because he thought Lakewood would be presented with opportunities for reinvestment. He said he thought this was one of those opportunities and that he supported it in concept and principle. He said there was a possibility the design would change but that would be something to discuss. He said City was now entering into a Public Policy Phase of the project. He said he didn’t necessarily agree that this project represented a “tipping point” or was the answer for all problems the City could possibly face in upcoming years. He said caution should surround decisions that put considerable resources toward in case the project would not be successful. He said there would be a possibility that the City could end up being worse off. He said he was committed to creating sustainable development that would be supported by the City and neighboring communities and could be ensured to the best of its ability. He said the risk was always a factor but policies had to be in place to reduce them. He mentioned being encouraged by Green Building endeavors from the Developer and said he thought this could attract people to the community. He said he believed that sustainable development was vital to the success of the project.
To place on 1st Reading and refer to the Committee of the Whole.
Motion adopted. All members voting yea.
….
51. Communication from Human Services Director Buckon regarding Juvenile Diversion Program. (Pg. 58)
Motion by Mr. George, seconded by Mr. Corrigan, to receive and file the communication.
Mr. FitzGerald provided support of the program. He said his past experience as a prosecutor in juvenile Court proved the importance of a program such as this. He said it was important to have the options available for cases that did not warrant as harsh or as punitive response. He said Lakewood was fortunate to be one of the communities to have a program.
Motion adopted. All members voting yea.
….
{Numbering was corrected on the floor}
52. ORDINANCE NO. 39-03 – RESOLUTION NO. 7756-03 AN EMERGENCY ORDINANCE
RESOLUTION authorizing the Mayor or her designee, on behalf of the City, to
enter into an agreement with the Cuyahoga County Juvenile Court to accept and
expend funds in the amount of $1,000. per month for the Community Diversion
Program for juveniles. (Pg. 59)
Motion by Mr. Seelie, seconded by Mr. George, to adopt Resolution No. 7756-03.
Motion adopted. All members voting yea.
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53. Communication from Public Works Director Boag regarding resurfacing of Hilliard
Road and Franklin Boulevard between Lakeland Avenue and Bunts Road. (Pg. 61)
Motion by Mr. Seelie, seconded by Mr. George, to receive and file the communication.
Mr. Corrigan indicated that Phase 1 of this project was completed last year in a timely manner before the start of the school season in light of Harding School being there. He said Phase 2 of the Project sweeps right in front of Lakewood High and asked if that too is anticipated to be completed prior to beginning of school year. Mr. Boag responded that the first Phase would include the Franklin watermain replacement that will be replaced before the County resurfaces and hope to begin within a few weeks, should be completed by mid-June. He said following that the County would come in – that he did not have the exact schedule. Mr. Dever indicated that it was stipulated in the contract that the portion between Bunts Road and Olivewood would be completed prior to the beginning of the school year. He added that he understood a completion date was set for September 30th.
Mr. Dever asked if a contractor was selected yet for the watermain. Mr. Boag said not to his knowledge.
Motion adopted. All members voting yea.
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54. ORDINANCE NO. 40- 39-03 - AN EMERGENCY ORDINANCE to authorize the Mayor to make application to the Cuyahoga County Board of Commissioners for approval to use County Motor Vehicle License Tax Funds for the improvement of Hilliard Blvd. (CR-69)/Franklin Blvd. (CR-435) from Lakeland to Bunts and to enter into an agreement with Cuyahoga County necessary to complete the planning and construction of this improvement. (Pg. 62)
Motion by Mr. Seelie, seconded by Mr. George, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 39-03 on final reading.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Rules suspended
Motion by Mr. Seelie, seconded by Mr. George to adopt Ordinance No. 39-03.
Ms. Roth asked what the funds were used for now, stating she understood the funds to be used for salt. Mayor Cain responded that the SCMR (Street Construction Maintenance and Repair) funds can and are used for street repair, patching, overlays in addition to salt. Ms. Roth asked if funds are being replaced or added, if the City was going to be using funds that were originally for a different purpose than usual. Finance Director Blasko stated that this Project was Item #5 on the Fire Year Capital Plan. She said it was a County project of $1.55 mil, the County’s portion is 1.2 mil. And City’s portion is $312,000 – which we have is part of these bond anticipation notes that were approved tonight on the docket.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 39-03 adopted.
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55. Communication from Public Works Director Boag regarding contracting authority: $169,219 $116,219 (Typo) for Lakewood Hts. Blvd. transportation improvements.
Motion by Mr. George, seconded by Mr. Seelie, to receive, file and refer this communication to the Public Works Committee.
Motion adopted. All members voting yea.
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56. ORDINANCE NO. 41- 40-03 - 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. 67)
Motion by Mr. Seelie, seconded by Mr. George, to place Ordinance No. 40-03 on 1st Reading and refer it to the Public Works Committee.
Motion adopted. All members voting yea.
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57. Communication from Finance Director Blasko regarding $212,000 City of Lakewood, Ohio Various Purpose General Obligation Anticipation Note.
Motion by Mr. George, seconded by Mr. Corrigan, to receive and file the communication.
Mr. George indicates a Fiscal Officer’s Certificate that was published in the docket but not itemized on the agenda would have to be formally added in order to properly vote on the matter. He also indicated that the Administration requested suspension of the rules for the purpose of incorporating the $212,000 Lakewood Heights Boulevard improvements with the Bond Anticipation Notes passed earlier. Mr. Seelie asked if public notification was satisfied if the item went out in the docket packet but was not on the agenda. Acting Law Director Gill stated the certificate is part of the note. He said the motion would need to accept the fiscal officer’s certificate.
To receive and file the communication.
Motion adopted. All members voting yea.
….
Motion by Mr. George, seconded by Mr. Dunn, to insert Item 57A, Fiscal Officer’s Certificate as provided - $212,000 Lakewood Heights Boulevard.
Motion adopted. All members voting yea.
….
ADD-ON
57-A. Fiscal Officer’s Certificate ($212,000 Lakewood Heights Blvd)
Motion by Mr. George, seconded by Mr. Corrigan, to receive and file the certificate.
Motion adopted. All members voting yea.
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58. ORDINANCE NO. 42- 41-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $212,000 Lakewood Hts. Blvd. Improvement Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of improving Hilliard Road and Lakewood Hts. Blvd. by replacement of the base as required and resurfacing with asphalt, including replacement of curbs, aprons and sidewalks as required, together with all necessary appurtenances thereto. ( Pg.72)
Motion by Mr. George, seconded by Mr. Seelie, to suspend the rules requiting this Ordinance be read on three separate days and placing Ordinance No. 41-03 on final reading.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Rules suspended
Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 41-03.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance 41-03 adopted
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59. Communication from Mayor Cain regarding 2003 Administrative employee salary
ordinance. (Pg. 76)
Motion by Mr. George, seconded by Mr. Corrigan, to receive, file and refer the communication to the Finance Committee.
Mr. George asked what percentage increase was budgeted this year for Administrative employees. Finance Director Blasko responded two percent.
Motion adopted. All members voting yea.
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60. ORINANCE NO. 43- 42-03 - AN EMERGENCY ORDINANCE creating positions and rates of pay for full -time and certain part-time annual salaried employees and hourly rate employees not covered by a collective bargaining agreement in the several departments, divisions and offices of the City of Lakewood, effective April 1, 2003, and for the Chief of Fire, Chief of Police and Civil Service Commissioners, effective January 1, 2003. (Pg. 77)
Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 42-03, on 1st Reading and refer it to the Finance Committee.
Motion adopted. All members voting yea.
Meeting adjourned. 10:59 P.M.
Approved:__________________________ ______________________________
PRESIDENT
______________________________
CLERK