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

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

Pledge of Allegiance
Moment of Silence
Roll Call

Reading and Disposal of the Minutes of the Regular Meeting of Council held 4/21/03.

Motion by Mr. George, seconded by Mr. Dunn, to approve the Minutes of 4/21/03. without the necessity of a reading.

Motion adopted. All members voting yea.

Without objection from Council, Items 10, 11, 12, 13, 14 and 15 are brought forward at this time.

Without further objection, public comment was heard after item 15.

****OLD BUSINESS****

1. Committee of the Whole Verbal Report regarding Donation of 1950's Motorcycle to Police Benevolent Association.

Mr. Seelie submitted the following report:

Committee of the Whole met earlier this evening. This Ordinance has been on three separate readings. City Council and the Administration was approached by the Lakewood Police Benevolent Fund, Incorporated. It's a 501 C 3 charitable corporation and they requested a 1957 Harley Davidson that has been stored in the garage for years. It's no value to the City in its present condition and we put together an agreement between the City and the Association to require return to the City of Lakewood if the Association ever decides to dispose of it because with this piece of equipment that they'll be using in parades, funerals, a number of public projects, the 501-C-3, the Police Benevolent Association can receive donations and again, I believe it's the 10th anniversary of Harley Davidson, is that correct? Yes - so it's a good time, it's a good use of the property and the Committee of the Whole recommended unanimously tonight to adopt the ordinance, however, there is one change and that change was, should, for any reason, the Association break up and they want to get rid of the piece of equipment it then is turned over to the City of Lakewood so we have to amend the ordinance that will read that. The amendment reads, "An Ordinance authorizing the Mayor to enter into an agreement and donate a 1957 Harley Davidson Service Car motorcycle to the Lakewood Police Benevolent Fund, Inc., for the purpose of refurbishing said motorcycle to be used at public events by the Association. And to enter into an agreement and to donate.

Motion by Mr. Seelie, seconded by Mr. George, to receive and file the Verbal Report.

Mr. George indicated the 1957 Harley - - and the word, "motorcycle" was added to the word and in Section 1.

Motion adopted. All members voting yea.

2. 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, PLACED ON 2ND READING 4/21/03)(Pg. 5)

Motion by Mr. Seelie, to amend Ordinance 33-03 and substitute by showing "An Ordinance authorizing the Mayor to enter into an agreement and to donate a 1957 Harley Davidson Servi-Car motorcycle to the Lakewood Police Benevolent Fund, Inc. for the purpose of refurbishing said motorcycle to be used at public events by the Association and Section 1 - add the word, "and - motorcycle".

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: No
Motion adopted. Ordinances 33-03 substituted.

Motion by Mr. Seelie, seconded by Mr. George, to adopt as amended and substituted.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: No
Motion adopted. Ordinances 33-03 substituted.

3. Committee of the Whole Verbal Report regarding Easement Agreement with the Sisters of Charity of St. Augustine.

Mr. Seelie submitted the following report;

Again, your Committee of the Whole met this evening. The City of Lakewood has made application to the Clean Ohio Conservation Fund, requesting $777,804 for the revitalization and restoration of the lakefront at Lakewood Park. Access to funding for the State of Ohio's CLEAN OHIO CONSERAVTION FUND is contingent upon meeting several criteria, most importantly the acquisition of land or an easement to land as part of the project.

The City of Lakewood has negotiated with the Sisters of Charity of St. Augustine to obtain a permanent easement giving the community of Lakewood an additional one-acre of lakefront property critical for consideration of the City's request from the Clean Ohio Fund. As part of the agreement the Sisters have generously gifted the land to the City - for public use, for the sum of $10.00, well below the acre's estimated value of at least $800,000. The agreement is contingent upon the City's efforts to secure funding for the project from the Clean Ohio Conservation Fund or other State and Federal sources.

The one-acre of land, largely created by decades of fill and currently completely inaccessible, will be preserved and restored by the addition native plants and other landscaping appropriate to the lakefront. The beach area will be added to the Lakewood Park and integrated into the existing concept plan for redevelopment of the lakefront.

The Lakewood Lakefront Open Space Project is an historic opportunity to bring public access in Lakewood directly to the waters of Lake Erie where none has ever existed. In addition to the acquisition of the easement, the City has requested Clean Ohio funding to:

Create access for the public to the new area via stairs, a new lakefront promenade along the unused western shore of Lakewood Park and an ADA compliant hillside ramp; and

Introduce appropriate native planting and other landscaping to restore the natural elements of the open space and lakefront, create habitat, prevent erosion and complete an aesthetically pleasing resource open and accessible to all.

Motion by Mr. Seelie, seconded by Mr. George, to receive and file the Verbal Report.

Mr. Seelie thanked Councilmember FitzGerald, Lou McMahon, Dave Corrigan, and the Administration for their work.

Mr. FitzGerald commented on the lack of public access to beachfront throughout Lake Erie Coastline. He said Lou McMahon and the Lakefront Coalition, identified the portion of land, state/city-fill with no access. He said that it would be approximately a football field in length that would now be available to Lakewood citizens. He said that the Lakefront Coalition deserves a great deal of thanks for their work.

Motion adopted. All members voting yea.

4. 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, 2nd READING 4/21/03) (The 12 page Agreement for Easement marked as Exhibit A was published with Ordinance 34-03 on its first reading 4/7/03 and is 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.6)

Motion by Mr. George, seconded by Mr. Dever, to adopt Ordinance No. 34-03.
Motion adopted. All members voting yea.

5. 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, PLACED ON 2ND READING, REPORTED OUT ON AND RECOMMENDED FOR ADOPTION 4/21/03) (Pg. 8)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 35-03.
Motion adopted. All members voting yea.

6. 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 4/21/03). (Pg. 9)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 37-03 on second reading.

Mr. Seelie asked for any comments on the City/School agreement. After seeing no hands he called the motion.

Motion adopted. All members voting yea.

7. ORDINANCE 38-03 - AN EMERGENCY ORDINANCE authorizing the Mayor or her designee 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. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 4/21/03).(Pg. 11)

Motion by Mr. Seelie, seconded by Mr. Dunn, to place Ordinance No. 38-03 on 2nd reading.

Mr. Seelie stated there was a Committee of the Whole Meeting on Tuesday from 6:00 PM to 12:00. He said there would also be another Committee of the Whole Meeting. Mr. Seelie provided the observation that some people commented that the West End Project would be the death of Lakewood and that it was a sin if Council went ahead with it. He said there were other individuals on the other side who said this would be Lakewood's future and if Council didn't do it they were immoral. He said there were 26 people who signed up to speak.

Mr. Dunn said he wanted Council to vote on the project because of the merits. He said there were more questions to be asked and answered. He said the details needed now to be thoroughly reviewed.

Mr. FitzGerald said Mr. Sprague from Prism, said that he would not tell Council what they should do. He said he had concerns that councilmembers at that time shared. He said Mr. Sprague's opinion was that the allocation of risk in the original agreement as preliminary negotiated, was too much in favor of the Developer. He recommended areas that needed to be addressed in order for Councilmembers to feel more comfortable approving the agreement. Mr. FitzGerald said he was unaware of an element of risk that remained un-addressed. Mr. FitzGerald said Mr. Sprague participated in the negotiations, that he was impressed with the number of concessions that the City was able to get from the Developers. He said it was not Mr. Sprague's intention that the City would get every concession it was looking for. Mr. FitzGerald said if Councilmembers had questions, they should be specific , in writing and get them answered. He said there was competition with other Developers and that time was important.

Mr. Seelie asked the Clerk to note that the financials recommendations by Mr. Sprague added up to about ten million dollars. He said the letter of credit is six million dollars covering the gap of three and a half million and covering one bond at $1.4 million is about that ten million dollars. He said the risk tolerance was met.

Mr. Dunn said he did ask Mr. Sprague whether he would have supported the original agreement and that Mr. Sprague said no. He said he anted to know what he would support. Mr. Dunn said that the current proposal would displace 1500 people and that he thought this was one of the public policy issues that needed to be deliberated on.

Mr. Seelie asked for a written communication from the School regarding the financials.

Mayor Cain said that the figure of 1500 was not the figure. She said the footprint included 500 apartment units and approximately 55 homes. She said the estimate was less than a 1000 individual people. She said this was still significant but that care should be taken as to what is being put on the record.

Ms. Roth said there were probably 50-60 hours of public testimony over the past months on the issue, that there would be more that evening. She said she would like to request time for Council to deliberate on the project. She said that sometimes her concerns are not questions. She said that the example in the ordinance of not doing the lowest and best bid for the public improvements. She said there has not been a formal report of what kinds of trade-offs that have been secured. She said that she would like to formally request that the next Committee of the Whole Meeting be open to the public but without public comment to allow for Council deliberation. She asked the Law Director if this could be done. She asked if there was a plan for the people that would be displaced. She said the questions were not because people didn't understand things but questions that needed to be answered to make decisions.

Mr. Seelie said that the original agreement to what was negotiated, the language regarding the no-bid contracting. He asked Mr. Pietravoia to have that information in writing.

Mr. Spellacy said that a Committee of the Whole meeting could occur without public comment.

Mr. Seelie, said that for the 14th Committee of the Whole Meeting. Ms. Roth asked for a more formal report from the negotiation committee.

Comments were evenly distributed from the public in favor of the Development and opposed. Comments against included the following:
Too much traffic, wrongly using "blight" to secure bonds, errors in the Hartt Study, using eminent domain for a development.

Comments in favor of the project included need for economic base in the city, tax base, City's future to be able to provide for good schools and infrastructure.

Mr. Seelie asked for a report from the Administration on a Task Force on recommendations should people move.

Motion adopted. All members voting yea.

8. ORDINANCE NO. 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. (PLACED ON 1ST READING & REFERRED TO THE PUBLIC WORKS COMMITTEE 4/21/02(Pg. 14)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 40-03 on second reading.
Motion adopted. All members voting yea.

9. ORINANCE NO. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 4/21/03.)(Pg. 16)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 42-03 on 2nd Reading.
Motion adopted. All members voting yea.

*****NEW BUSINESS****

10. Communication from Mayor Cain regarding Resolution for 6th Grade Class Emerson Middle School. (Pg. 21)

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

Motion adopted. All members voting yea.

11. RESOLUTION NO. 7757-03 - A RESOLUTION for the sixth grade class of Emerson Middle School. (Pg. 22)

Motion by Mr. Seelie, seconded by Ms. Roth, to adopt Resolution No. 7757-03.
Motion adopted. All members voting yea.

12. Communication from Mayor Cain and Sicha regarding 2003 City of Lakewood Preservation Awards Program. (Pg. 23)

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

13. RESOLUTION NO. 7758-03 - A RESOLUTION recognizing that the week of May 4-10, 2003 has been designated as National Preservation Week and acknowledging the 2003 Preservation Award winners within the City of Lakewood. (Pg. 24)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7758-03.
Motion adopted. All members voting yea.

14. Communication from Mayor Cain regarding National Police Week. (Pg. 25)

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

15. RESOLUTION NO. 7759-03 - A RESOLUTION to recognize member of The Lakewood Division of Police and all peace officers during National Police Week 2003. (Pg. 26)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7759-03.
Motion adopted. All members voting yea.
{Public Comment came after this item}

16. Communication from Mayor Cain regarding Acceptance of Donated Irrigation System from the Lakewood Garden Club. (Pg. 27)

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

17. RESOLUTION NO. 7760-03 - AN EMERGENCY RESOLUTION authorizing the Mayor to accept, on behalf of the City of Lakewood, a professionally installed irrigation system at Warren Road Park as a donation from the Lakewood Garden Club valued at over $2,000. (Pg. 28)

Motion by Mr. Seelie, seconded by Mr. Dever to adopt Resolution No. 7760-03.
Motion adopted. All members voting yea.

18. Communication from Mayor Cain regarding Donation of Coin Sorting Machine to the Lakewood City Schools. (Pg. 30)

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

Ms. Roth said she wanted to confirm her understanding that whatever is purchased with public dollars has to be either sold and the money come back into the budget or be given to another not-for-profit group.

Mr. Spellacy said like the motorcycle earlier it could be donated through Council action.

Motion adopted. All members voting yea.

19. RESOLUTION NO. 7761-03 - A RESOLUTION authorizing the mayor to make a gift of a Cummins-Jetsort coin sorting machine to the Lakewood Board of Education. (Pg. 31)

Motion by Mr. George, seconded by Mr. Corrigan, to adopt Resolution No. 7761-03.

Motion adopted. All members voting yea.

20. Communication from Planning & Development Director Pietravoia regarding 2003 Additional Appropriations: Virginia Marti College of Fashion and Design. (Pg. 32)

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

21. ORDINANCE NO. 43-03 - AN EMERGENCY ORDINANCE adjusting appropriations for expenditures in the General Fund for the fiscal year ending December 31, 2003 for the purposes of accepting payment from the Virginia Marti College of Fashion and Design per the Development Agreement dated October 18, 2001, which in turn shall be applied by the City toward payment of the outstanding loan balance due on the related Cuyahoga County Brownfield Redevelopment Loan. (Pg. 33)

Motion by Mr. George, seconded by Ms. Roth, to place Ordinance No. 43-03 on 1st Reading and refer it to the Finance Committee.

Motion adopted. All members voting yea.

22. Communication from Finance Director Blasko regarding Amendment to Contracting Ordinance 8-03 - Phones. (Pg. 35)

Motion by Mr. George, seconded by Mr. Seelie, to receive, file and refer this communication to the Finance Committee.
Motion adopted. All members voting yea.

23. ORDINANCE NO. 8-03A - AN EMERGENCY ORDINANCE to amend Ordinance No. 8-03, adopted February 3, 2003, for the purpose of granting additional contracting authority for the purchase of telephone equipment and authorizing and directing the Mayor (Director of Public Safety), the Director of Public Works, and the Director of Finance to advertise for bids and enters 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. 36)

Motion by Mr. George, seconded by MR. Seelie, to place Ordaincne No. 8-03A on 1st Reading and refer it to the Finance Committee.

Mr. Dunn asked the Law Director if he should recuse himself from voting due to his employment with SBC.
Mr. Spellacy responded yes.

Motion adopted. Six members voting yea.
Mr. Dunn abstains.

24. Communication from Acting Human Services Director Buckon regarding Alzheimer Respite Funds State Fiscal Years (SFY) July 1, 2003, through June 30, 2005. (Pg. 39)

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

25. RESOLUTION NO. 7762-03 - AN EMERGENCY RESOLUTION authorizing the Mayor, or her designee, on behalf of the City, to enter into an Agreement with the Western Reserve Area Agency on Aging to accept and expend funds in the amount of $22,300 for an Alzheimer Respite Program for State fiscal year 2004 and 2005. (Pg. 40)

Motion by Mr. Seelie, seconded by Mr. George, to adopt Resolution No. 7762-03.
Motion adopted. All members voting yea.

26. Liquor Permit for a new D1 permit class to Carlyle Concierge LTD d/b/a Carlyle Concierge 12900 Lake Avenue #0030, Lakewood, Ohio 44107. (Pg. 41)

Motion by Mr. Dunn, seconded by Mr. FitzGerald to defer action on this liquor permit.
Motion adopted. All members voting yea.

27. Liquor Permit for a D3A permit class to Patrick M. Sullivan, d/b/a Inne Irish Pub & Restaurant, 13368 Madison Avenue, Lakewood, Ohio 44107.

Motion by Mr. Dunn, seconded by Mr. FitzGerald, to defer action on this liquor permit.
Motion adopted. All members voting yea.

Meeting adjourned. 10:59 P.M.