Regular Meeting of the Lakewood City Council called to order at 7:33 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, Law Director Spellacy, Finance Director Blasko, Fire Chief Mroz, Police Captain Sabala, Planning & Development Director Pietravoia, Assistant Safety Director for the Division of Building & Housing Gallagher, 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

Motion by Mr. George, seconded by Mr. Dunn, to approve the Minutes of 7/7/03 without the necessity of a reading.

Motion adopted. All members voting yea.
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Without objection from Council, Items 16, 17, 18, 19, 20, 21 and 22 are brought forward to the beginning of the agenda in that order. Without further objection public comment for non-agenda items was heard after item 22.

****OLD BUSINESS****
1. Committee of the Whole Verbal Report regarding Contracting Authority for Professional Planning Consultant Services related to the Zoning Code update .

Mr. Seelie submitted the following report:

The Committee of the Whole met this evening to review a request from the Planning Commission and Department of Development to hire a consultant to review our entire Zoning Code. The members of the Planning Commission felt that the task was simply too big for that voluntary Board. The Zoning Code's been updated in the past and we need the technical assistance. It's a not to exceed contract for $20,000. It's going to look at different things like building set backs, there's a few situations throughout the City where people want to move their - might tear their home down, want to move it up, updating the Residential Chapter, a Provision for Town Houses, a review and updating of commercial districts, incorporating green building concepts and establishing a mixed use chapter where you may have businesses - you may have commercial, residential - and reviewing and updating definitions and administrative procedures. So it's quite a task to update the entire Zoning Code for a municipality and we unanimously recommend that we pass this this Council meeting.

Motion by Mr. Seelie, seconded by Mr. George, to receive and file the report.
Motion adopted. Six members voting yea
Ms. Roth absent for vote.
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2. RESOLUTION NO. 7779-03 - AN EMERGENCY RESOLUTION authorizing the Mayor or her designee on behalf of the Planning Commission to enter into an agreement in an amount not to exceed Twenty Thousand Dollars ($20,000.00) to engage a consultant to provide professional planning services and provide technical assistance related to the Zoning Code update. (REFERRED TO THE COMMITTEE OF THE WHOLE 7/7/03)(Pg. 7)

Motion by Mr. George, seconded by Mr. Dunn, to adopt Resolution No. 7779-03.
Motion adopted. All members voting yea.
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3. Committee of the Whole Verbal Report regarding the Nomination of Birdtown to the National Register of Historic Places.

Mr. Seelie submitted the following report.

The Committee of the Whole met this evening also on the concept of taking a look at the Birdtown area and we needed technical assistance for that an application to the Federal Government to see if it could be placed on the National Registry of Historical Places. There are a number of benefits of that where individuals who fix their homes in a historical way can receive tax incentives, however, there's also, when you get benefits, a lot of times there's strings attached and we have to take a very close look. Several years ago we developed a Committee called the Lakewood Heritage Advisory Board. Many of them are experts in this, it was recommended that we refer it to the Lakewood Heritage Advisory Board to take a look at it and also to the Planning Commission to take a look at it and also to notify everyone within that area so that there can be a public hearing as to the pros and cons of being on the National Historic Registry.

Motion by Mr. Seelie, seconded by Mr. Corrigan to receive and file the verbal report.

Mr. George said there were certainly benefits and that he thought it was exciting to review the Birdtown area and get it designated on the National Register of Historic Places. He said Council learned in Committee that currently only Clifton Park area is so designated. He said, however, as was mentioned there were strings attached with the federal and state government. He said that proceeding should be taken cautiously and that there was no urgency. He said it was important to know precisely what it involved and what the exact boundaries are of the area before Council adopted the resolution.

Ms. Roth said that she wanted to restate what she said in Committee, that Council had to make sure that when designation was provided there would not be burdens placed on the individual homeowners within that area and that would be a specific issue to review.

Motion adopted. All members voting yea.
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4. RESOLUTION NO. 7780-03 - AN EMERGENCY RESOLUTION authorizing the Mayor or her designee to enter into an agreement in an amount not to exceed Twenty Thousand Dollars ($20,000.00) to engage a consultant to provide technical assistance in preparation of the documentation needed to complete the nomination of Birdtown to the National Register of Historic Places. (REFERRED TO THE COMMITTEE OF THE WHOLE 7/7/03)(Pg. 8)

Motion by Mr. George, seconded by Mr. Dunn, to receive, file and refer Resolution No. 7780-03 to the Planning Commission, Lakewood Heritage Advisory Board and back to the Committee of the Whole, and to add public notification to the individuals within the area.

Ms. Roth said she would also like the Planning Commission to look at any impediments or difficulties that would be faced by the current people living in the area by the designation.

Motion adopted. All members voting yea.
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5. Committee of the Whole Verbal Report regarding West End Negotiator Report.
Mr. Seelie submitted the following report:

Our negotiator sent us a letter. He is still not completely finished so I'm just going to read the letter for the record this evening.

Dear President Seelie and Members of Council: On June 25, 2003, the undersigned was engaged as an independent negotiator by the City of Lakewood for the purpose of facilitating negotiations and discussions with property owners, who, as of the date of the engagement, had not yet reached a private agreement to sell their property to the developer of the West End Project. The stated goal of the City in this engagement was to pursue negotiations that would permit private citizens to determine and voluntarily reach an agreement upon what would be "fair compensation" for property.

Upon appointment, discussions were conducted with the law Director of the City of Lakewood in order to become familiar with the status of all previously initiated negotiations as well as the scope and extent of the proposed project. Subsequently, the Negotiator contacted the developer and obtained a comprehensive list of property owners who were not under contract. The Negotiator also contacted residential and business property owners in order to perform his services.

After initial discussions with a number of the property owners, the Negotiator was apprised that a majority of the residential property owners were represented by attorneys in Cleveland, Ohio and also by attorneys from the Institute for Justice located in Washington, DC. The attorneys from the Institute for Justice both verbally and by written communication prohibited the Negotiator from having any further contact with their clients and affirmatively stated that none of their clients were interested in selling their homes or business. The attorney for the Institute also informed the Negotiator that the only matters that would be negotiated would be whether or not the City would remove both the blighted designation and the threat of the eminent domain from the area involved in the West End Development.

In accordance with appropriate ethical considerations, no further direct discussions were had with the property owners and after discussion with the Law Department, it was determined that the City of Lakewood would not engage in any negotiations about removing both the blight designation and the use of eminent domain in the West End Development.

However, the Negotiator was concerned that not all of the property owners had been informed as to the potential initial offers that would be made for their properties and, therefore, a letter was sent to the attorneys representing these property owners requesting that each one of their clients be informed of what would be paid for their properties.

Presently, discussions are still in progress with some of the owners of property who as of the date of this report have not yet agreed on terms of selling their property. These discussions are ongoing.

The property owners whom I have spoken to are good and decent people who are jealously guarding their rights. These individuals generally fall into the following categories. Property owners who are adamant that they would never sell their property for any price regardless of whether it would be more than the fair market valuation; 2. Property owners who feel that appropriate values have not been offered for their property. 3. Property owners who would enter into negotiation if the result of those negotiations would be a finding purchase agreement as opposed to an option to purchase; and 4. Property owners who do not want to make any final decisions until there is a resolution of the litigation that is now pending in Cuyahoga County Common Please Court contesting the validity of the use of eminent domain under these circumstances.

To date, one of the negotiations have resulted an agreement upon fair compensation for any relevant property. I will remain in contact with the City. Sincerely yours, James J. McMonagle.

Mr. Seelie indicated the letter and attachments would be available in the Clerk's Office and that he'd make it available in the Planning and Development and the Law Departments.

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

Mr. Dunn commented that it was recently reported there were 17 homeowners not under contract and asked if the number had changed.

Mr. Pietravoia responded that the number being referred to are the number of individuals that are part of the law suit. He said several of those are commercial property owners. He said there have not been a change in the number of residential agreements as was reported in the Negotiator's Report.

Motion adopted. All members voting yea.
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6. Finance Committee Verbal Report regarding Ordinance No. 8-03A - $80,000 Telephone Equipment.

Mr. George submitted the following report:

Dear Members of Council, your Finance Committee met earlier this evening to discuss $80,000 contracting authority for phone equipment here at City Hall. Money had been approved in our Capital Budget earlier this year and the Administration requested contracting authority. We learned in the Committee meeting that we would reduce the number of Centrex lines from 247 to 37 and eliminate a lot of single line phones, establish inter-com system and in the long run save the City some money, establish three T-1 lines - and your Finance Committee voted unanimously to recommend adoption of this ordinance this evening.

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

Mr. George said that there was some confusion about the linkage with the Cox Cable systems and asked the status of the Cox Cable negotiations.
Law Director Spellacy responded that they were 99% - waiting on the final draft of the document and was hoping to have it for the present docket and anticipated it would be ready for the first meeting in September.

Mr. Dunn said that because his full time employer was SBC Communications he wanted to avoid any real or perceived conflict and stated he would abstain on the issue.

Mr. Seelie called the motion.
Motion adopted. Six members voting yea.
Abstention. Mr. Dunn
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7. 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. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 5/5/03, PLACED ON 2ND READING 5/19/03). (Pg. 9)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 8-03A

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

8. Rules & Ordinances Committee Verbal Report regarding Ordinance 48-03 - Park Hours.

Mr. Dever submitted the following report:

Your Rules and Ordinances Committee met this evening to discuss the proposed pre-dawn amendment to Lakewood Park - one hour before sunrise. This was brought forward by Councilman Dunn. We had a lengthy discussion on it during the Rules and Ordinances Committee Meeting and there were some issues brought up concerning safety we would need to have police possibly down there earlier with the guard perhaps to start earlier in the day. There was a few issues brought up and Councilman Dunn brought this forward concerning - he was approached by some people that - Tai Chi - but there were concerns that were raised about safety and would it cost some extra money for the City to have the par staffed. The recommendation that came from the Committee was to approve of this ordinance but there was still concern, this was to bring it out of Committee and bring it before the whole Council.

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

Mr. Dever said that within the next two years the park would be completely reconstructed including the Lakefront issues. He said if the park is opened up an extra hour in the morning - he said although worthwhile suggestion, his thought was that Council should wait until after the park improvements are completed to review the idea. He said there could possibly be a skate park operating and creating issues regarding pre-dawn hours.

Mr. George said he would vote against the ordinance because of the reasons Mr. Dever brought forward. He said there were limits to park hours for good because he said not everyone acts in a responsible way. He said opening the park before dawn would allow basketball, softball, skateboarding - swimming - creating noise.

Mr. Dunn described the small group of people who approached them with the request as those running or walking to the park wanting to see the sunrise. She said that they were presently in violation of the law and he wanted to have them continue without feeling they were doing something wrong. He said he didn't want citizens to feel they were skirting the law by making use of one of Lakewood's greatest assets. He said there was not cost or reasonable inconvenience associated with the ordinance. He said that he acknowledged the concerns of his colleagues and referred to the basketball example as an unreasonable concern because he said the City would presently be dealing with pre-dawn basketball and that it was not.

Mr. Seelie said that there may be a time in the future to look at the issue but wanted to wait until after the improvements too. He questioned why people would be in the park that early and in the dark. He said there were also safety concerns to be considered, that this would be an extra burden on the Police Department. He said he would vote against the ordinance.

Ms. Roth said she wanted to point out that the hours of the park open to the public are between 11:00 PM and sunrise. She said that meant the park is often open when it is dark. She said there is lighting there. She said she thought there was more danger of basketball (and other activity) between the hours of 9:00 PM and 11:00 PM than there would be at 5:30 or 6:00 a.m. She addressed the suggested postponement because of the proposed park improvements indicating that she anticipated that construction would be clearly marked. She addressed the comment of being at the park while it was dark stating that the City presently allowed people in the park until 11:00 PM while it was dark. She said allowing citizens to use a park as much as possible was a good thing. She said she would vote in favor of the ordinance.

Mr. Corrigan said he thought the issue was a common sense issue. He said that Chief Malley indicated that getting people out of the park at 11:00 PM was more of a concern and that the occasional person in the park before sunrise was really not a problem if the individual or individuals were not causing problems - that in all probability they would not be cited. He said he saw the present policy not needing fixing. He said he would vote against the ordinance.

To receive and file the report.
Motion adopted. All members voting yea.
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9. ORDINANCE NO. 48-03 - AN ORDINANCE to amend section 905.02, Hours Open to the Public, of the Codified Ordinances of the City of Lakewood for the purpose of opening Lakewood Park one hour before sunrise. (PLACED ON 1ST READING AND REFERRED TO THE RULES & ORDINANCES COMMITTEE 6/16/03, PLACED ON 2ND READING 7/7/03)(Pg. 12)

Motion by Mr. Dunn, seconded by Ms. Roth, to adopt Ordinance No. 48-03.
Ms. Roth asked Police Captain Sabala for his opinion and he said he would have to defer to Chief Malley's comments. He said he had no opportunity to explore the matter and would not comment.

Ms. Roth directed her comments to Mr. Corrigan indicating she understood Chief Malley's comments indicating there was not a problem in the morning. Mr. Corrigan responded that that was right. He said he did not believe the City should advertise the park was open pre-dawn hours.

Yeas: Dunn, FitzGerald, Roth
Nays: Corrigan, Dever, George, Seelie,
Motion fails. Ordinance No. 48-03 fails.
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10. Health & Human Services Verbal Report; Communication from Law Director Spellacy regarding Ordinance No. 30-03 - Living Wage. (Pg. 14)

Motion by Mr. Seelie, seconded by Mr. George to receive and file the Law Director's Communication.
Motion adopted. All members voting yea.

Mr. FitzGerald submitted the following report:

Your Health & Human Services Committee met this evening, Councilman Dunn and myself. Various members of the Administration were present. We've had continuing discussions with folks from the labor community in particular individuals from the Jobs with Justice Campaign, Reverend Strommen, who's also a Lakewood resident and Susan Hagan who's also another respected member of that organization and very instrumental in the conversations going on about this. You have an ordinance which has changed quite a bit because of the discussions we've had and I think it's a good compromise - it's not an ordinance without compromise but it does several things that I think Lakewood should be proud of . First of all it establishes a fair wage floor for our own employees. Secondly it insists that individuals or entities that do business with the City of Lakewood pay that same basic fair wage to their workers. Third, it incorporates a principle I think we can all agree on and that is that employers should provide whenever possible or give a financial incentive to provide health insurance for their workers. One of the things that we've seen happen in our society recently is that there's this trend to get people off social programs and into the workforce but there hasn't been a corresponding rise in the wages and benefits that we give workers and this is Lakewood's attempt to do that.

There have been a number of compromises that are embodied in this legislation to try to make it fit for Lakewood. One of the concerns was our recreation department and there's been an allowance made for that particularly with the way it would effect the City financially in operating the Winterhurst facility. Secondly there is the concern about the way it will effect the School Board and there's also an allowance made for that and so I think what you have in front of you is a fair piece of legislation that organized labor can be happy with, this Council can be happy with, that will have the net effect of improving worker conditions in the City of Lakewood and I think we're moving the ball forward in that area. I'd also note that one of the purposes of this piece of legislation is to move away from the use of non-union, temporary workers who were being used to fill the labor gap basically for the City of Lakewood and this ordinance is helping us push towards that goal and I think that's something that we're going to see in the near future for the City of Lakewood because that's a system that isn't fair to the workers being used or really to the way the City gets its business done.

It has a phase in period as I'm sure you noticed, where it is becoming fully effected until February 1, 2004 and that's also going to allow us to fine tune it if possible and more fully assess the financial implications it might have and so that's an additional benefit. I'd also note that the Chamber of Commerce and the business community also weighed in on this and we also took their concerns into account and there are quite a number of exemptions for small businesses and smaller non-profits so that they're exempted as well. So I think what you have in front if you is something that achieves quite a bit of social justice with also some very rational compromises. I want to thank also Councilman Dunn who helped co-sponsor this with me initially and has stuck with it and has been a very forceful advocate for it as well. I want to compliment him for the work that he did. With that, I would hope that this Council would unanimously adopt the attached ordinance.

Mr. Dunn said that the focus was to ensure working families benefits from the legislation. He said that in today's economy, hard work was not necessarily an escape from poverty, since 1975 the real value of the minimum wage has fallen by 25%. He said that means for Cuyahoga County that 37% of the renting households have to pay more than 30% of their net income in rent. He said a worker in Cuyahoga County would have to earn $14.38 per hour in a 40 hour work week to afford a two-bedroom unit, that conversely this amounted to 279% of the present minimum wage. He said a worker would have to work 112 hours a week to afford such a modest rental unit. He said also that 42 million Americans are without health insurance and that millions more are under insured.

He said the basis of the Living Wage movement was two-fold - 1) no working family should live in poverty, 2) the living wage is good for families, businesses and the community. He said the City of Baltimore was the first to enact the living wage in 1994, that scores of other communities have done likewise. Mr. Dunn said that the majority of economic research concluded that the aggregate benefits of the living wage movement far outweighed the aggregate cost to any community both in the long term and short run. He said that when workers were paid enough to support their families they no longer needed to rely on public assistance in the form of housing subsidies, medical assistance, food stamps and welfare. He said this relieved taxpayers from subsidizing employers who do not pay living wages. He said when workers are paid enough to support their families, they pay more in taxes, buy more goods and services in the local economy, and thus stimulated the economic growth of the neighborhood. He said this had the potential to help rebuild communities and spur the creation of new jobs.

Mr. Dunn said studies indicate that businesses that pay higher wages experienced reduced job turn-over, ability to fill vacancies sooner, greater worker productivity, improved morale, and overall increase in job satisfaction. He said this generated cost saving benefits and efficiency gains that offset higher labor costs and also in some cases actually contributed to increased productivity.

He said the City of Lakewood has taken a leadership role among suburban communities in Cuyahoga County. He said the a resolution passed with the support of colleagues, with the leadership of Councilman FitzGerald, to encourage the Cuyahoga County Commissioners to consider living wage legislation. He said the Living Wage for Lakewood was predicated on making Lakewood a more sustainable community and to enhance the self-sufficiency and dignity of the working families that live in Lakewood. He said this was one of his proudest accomplishments as a member of this Council and that he encouraged his colleagues to vote approval.

Mr. George agreed the City should be a leader in paying a fair wage. He said the actual financial cost will be minimal but the impact on peoples' self esteem and their ability to pay their own way, to be self-sustaining will benefit immeasurably. He said he would support the ordinance.

Mr. Strommen, resident and co-chair, Jobs with Justice thanked Councilmembers FitzGerald, Dunn, the Mayor and Council for their consideration of the ordinance. He said Council would be supported in their effort by religious organizations, local labor unions, community organizations and others that make up the Jobs with Justice effort.

Sister Kathleen Ryan, resident and working from Bishop Pilla's social action office. She said she commended Lakewood for their leadership, and the belief in the dignity of work.

Mayor Cain said the process was positive and she commended members of the labor community and Jobs with Justice for their patience. She said she believed that as the effort takes place in other communities it will have a major impact on the economy and that the process involved due diligence to protect taxpayer dollars.

On the motion to receive and file the communication.
Motion adopted. All members voting yea.
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11. ORDINANCE NO. 30-03 - AN ORDINANCE to enact new Chapter 113, Living Wage, of the Codified Ordinance 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. (PLEASE SUBSTUTTIE FOR ORDINANCE NO. 30-03 PLACED ON 1ST READING AND REFERRED TO THE HEALTH AND HUMAN SERVICES COMMITTEE 4/7/03, PLACED ON 2ND READING 4/21/03) (Pg. 15)

Motion by Mr. FitzGearld, seconded by Mr. Dunn, to substitute Ordinance No. 30-03.

Yeas: Corrigan, Dever, Dunn, FitzGearld, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 30-03 is substituted.

Motion by Mr. George, seconded by Mr. Dunn, to adopt Ordinance No. 30-03.
Ms. Roth asked for clarification on the wages of the City's health care aids. Mr. FitzGerald responded that most are receiving the living wage. He said there were presently employees who were not paid in line with the living wage ordinances; kitchen aids and some home health aids but that other means had been pursued to raise their wage.

Mayor Cain said that all of the employees, including home health care workers are making the living wage right now. She said that right now they do meet the requirements of the living wage.

Ms. Roth referenced the Fair Employment Wage Board definition of the ordinance and asked for clarification on the number of members would comprise the Board and who appointed the members. She said in Section 113.04 (C) the Mayor initially appoints three (2) (she recognized the typo on the legislation) members for a one-year term, (identifying a mistake therein), two members for two years, two members for a three year term. She asked if that was in addition to the appointments being made in Section (B) or was meant instead of appointments. She said would like to see Council to be able to appoint a couple of the members.

Mr. Spellacy responded that those were the appointments pursuant to Section (B) - "…the members, excluding the representative of Council, shall be appointed by the Mayor subject to approval of Council…". He said he believed this language was identical to Cleveland's.

Ms. Roth asked if initially the Fair Employment Wage Board would be comprised solely of mayoral appointments.

Mr. FitzGerald said that there is a Council representative on the Board, that he wouldn't be opposed to amending to have three or four appointments on the Board from Council. He said because the ordinance would not take effect until February 1, that he would like to have more discussion on that. He said that he and Mr. Dunn had discussed having a meeting some time in January of 2004 to talk about additional requirements.

Mr. Seelie called the motion to adopt the ordinance.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie.
Nays: None
Motion adopted. Ordinance No. 30-03 is adopted.
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12. ORDIANNCE NO. 51-03 - AN ORDINANCE to amend section 333.01, Driving or Physical Control While Under the Influence; Evidence, of the Codified Ordinances of the City of Lakewood for the purpose of updating the entire section. (PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 7/7/03)(Pg. 20)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 51-03 on second reading and refer it back to the Rules & Ordinances Committee.

Motion adopted. All members voting yea.
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13. Liquor Permit Application for C1 and C2 transfers to Deena & Nadeen Enterprises , d/b/a Dairy Mart 5249, 15019 Madison Avenue, from MACS Convenience Stores LLC,, same address. (DEFERRED 7/7/03)(Pg. 27)

Mr. Dunn read from a correspondence from Law Director Spellacy stating there was no cause to object. Mr. Dunn asked for any objections from the Ward Councilmember for the area of the establishment and Mr. George responded that he had none.

Motion by Mr. Dunn, seconded by Mr. George, to file no objection.
Motion adopted. All members voting yea.

****NEW BUSINESS****

14. Communication from Councilmember George regarding Regulating the use of Mobile Telephones While Operating a Motor Vehicle. (Pg. 28)

Motion by Mr. George, seconded by Mr. Dever, to receive, file and refer to the Rules & Ordinances Committee.

Mr. Dunn indicated he was a full time employee of SBC Communications, he said SBC Communications was a 60% shareholder of Cingular Wireless and would be recusing himself from the issue.

Mr. George said that people had contacted him to initiate legislation regarding this issue. He said the American Automobile Association indicated in a recent poll that 77% of Ohioans asked for the same kind of regulations being proposed in the Ordinance, that Lakewood had early discussions on cell phone use while driving well before the City of Brooklyn law on cell phones was adopted.

Mayor Cain referred to a local accident attributed to cell phone use while driving. She said she was supporting Mr. George in creating appropriate legislation regarding the issue.

Pat Cannon, spoke indicating she was Mona Foley's daughter. She said her mom was struck while driving May 31 by a person who was talking on a cell phone; who ran through a red light at 42 miles per hour. She said her mom has 14 injuries, does not talk, and does not walk. She said one surgeon said she will never walk again. She said the incident is devastating to their lives and especially difficult to understand because of the senselessness of the act that caused it. She said that she is an on call nurse and that she is able to pull over to the side of the road to respond to a page. She asked support from the City to ticket people who use their cell phones while driving.

Phyllis Hill said she was the sister-in-law of Mona Foley and stated that doctors said only two percent of the people who sustain the types of injuries Mrs. Foley did made it to the hospital. Mr. Leo Hill said his sister was the victim of a needless accident. She said the accident effect all of the families including the young woman responsible for the accident. He said that he has spoken to many people including school guards in Lakewood and they said something had to be done about the issue. He referred to previous comments made by a speaker on a previous topic regarding speeding. (Item sixteen was read before this item and referenced cell phone use while addressing speeding problems). He said he agreed with the dangers the speaker highlighted. He asked that cell phones be banned while the person is driving. He said a car is a lethal weapon. He said other cities - New York City - haven't closed down after adopting similar legislation. He encouraged Council's positive consideration of the legislation.

Mr. George said there was a history in Lakewood of addressing concerns related to dangerous operation of motor vehicles. He said a cornerstone of this would be a law addressing cell phone use while driving. He said that Councilmember Roth had joined him previously in taking steps to ban the sale of alcohol at service stations. He said that allowed convenience to drink and drive. He said last year with the help of the Law Department to now have the ability to set a tiered system in fining people for excessive speeding instead what was once a $100.00 fine could not be up to a $500.00 fine. He said Mr. FitzGerald helped in that ordinance. He said these actions were taken in the context of Lakewood's dense population with large number of bicyclists, pedestrians and motorists.

Other residents supported passage of the law, calling the legislation Mona's Law. A resident asked that hands-free phone use while driving also be considered citing a University of Utah showing the driving mishaps that occurred while using a phone were equivalent with both types of phones.

Mr. George directed the Clerk to notify those who spoke on the issue to be notified of upcoming meetings regarding the subject.

Motion to receive, file and refer the communication to the Rules & Ordinances Committee.

Motion adopted. Six members voting yea.
Abstention: Mr. Dunn
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15. ORDINANCE NO. 52-03 - AN ORDINANCE to define and regulate the use of mobile telephones while operating a motor vehicle. (Pg. 29)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 52-03 on first reading and refer it to the Rules & Ordinances Committee.
Motion adopted. Six members voting yea
Abstention: Mr. Dunn.
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16. Communication from Mayor Cain and Councilmember Dever regarding Child Safety Initiative. (Pg. 30)

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

Early Childhood PTA Representative Jody Kutolowski provided statistics on pedestrian injury as the second leading cause of unintentional-related death of children between the ages of 5 and 14. She said it was reported that 27 children died last year in Cuyahoga County as a result of pedestrian injury. She said that motor vehicle accidents accounted for 80% of childhood pedestrian deaths with children ages 5-9 at the highest risk. She provided that 81% of traffic related childhood pedestrian deaths were at non-intersecting locations. She said children deaths related to speeding drivers were second only to children's drowning.

She said the City of Brook Park implemented a speed awareness program two years with a street sign/lawn program. She said the result was a 25% reduction in speeding violations and accidents. She said the program enjoyed public support. She said Lakewood Early Childhood PTA, Lakewood Police Department, many citizens and Madison Graphics developed the program to include 1000 yards signs printed to be distributed. She said there were over 40,000 pedestrian accidents occurring every year and that the program would make good sense. She shared a personal story about an car colliding with her vehicle while the woman was reaching for a cell phone. She said the City of Lakewood, First Federal of Lakewood, Barry Buick, Councilman Dever, and Lakewood Early Childhood PTA cooperated to launch the program.

Mr. Dever said police are out consistently addressing speeding and that this would allow citizens to participate in combating the problem. He said speeding was a concern for the elderly too and urged participation in the lawn sign program.

Motion by Mr. Seelie, seconded by Mr. George, to receive and file the communication.
Motion adopted. All members voting yea.
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17. RESOLUTION NO. 7782-03 - A RESOLUTION proclaiming September 2003 Speed Awareness Safety Month. (Pg. 31)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7782-03.
Motion adopted. All members voting yea.
….
18. Communication from Mayor Cain regarding Special Olympics World Games Medal Winners Brigid Balogh & Melissa Ferguson. (Pg. 32)

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

19. RESOLUTION NO. 7783-03 - A RESOLUTION to honor Brigid Balogh for her participation in the 2003 Summer Special Olympics World Games and to acknowledge her accomplishments. (Pg. 33)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7783-03.
Motion adopted. All members voting yea.
….
20. RESOLUTION NO. 7784-03 - A RESOLUTION to honor Melissa Ferguson for her participation in the 2003 Summer Special Olympics World Games and to acknowledge her accomplishments. (Pg. 34)

Motion by Mr. George, seconded by Mr. Corrigan, to adopt Resolution No. 7784-03.
Motion adopted. All members voting yea.
….
21. Communication from Mayor Cain regarding Recognition of the 2003 Grand Marshals of the July 4th Parade and the announcement of the Parade Award Winners. (Pg. 35)

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

22. RESOLUTION NO. 7785-03 - A RESOLUTION to thank the Lakewood Division of Youth, Help To Others Program members for their participation in the 4th of July Parade as Grand marshals and to recognize their more than 53,000 hours of volunteerism in service to the Community of Lakewood and the Greater Cleveland Community. (Pg. 36)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7785-03.
Motion adopted. All members voting yea.
Awards were presented to the recipients. {Public Comment for non-agenda items followed this item}.
….
23. Communication from Mayor Cain regarding Appointment of Lou McMahon, Dave Corrigan and Don Sharp to the CDBG Citizens Advisory Committee. (Pg. 37)

Motion by Mr. George, seconded by Ms. Roth, to receive and file the communication. Mr. George stated the appointments were good choices and Mr. Seelie agreed.

Motion adopted. All members voting yea.
….

24. Communication from Mayor Cain regarding Resolution for D.A.R.E. Program Funding. (Pg. 38)

Motion by Mr. Seelie, seconded by Ms. Roth, to receive and file the communication.
Motion adopted. All members voting yea
….
25. RESOLUTION NO. 7786-03 - A RESOLUTION supporting the grant application by the Division of Police to the Ohio Attorney General's Office for funding for the City's Drug Abuse Resistance Education program, and commending the Division of Police for its continued efforts to educate young people of the City of Lakewood as to the hazards of alcohol and drugs. (Pg. 39)

Motion by Mr. Seelie, seconded by Ms. Roth, to adopt Resolution No. 7786-02.
Motion adopted. All members voting yea.
….
26. Communication from Mayor Cain regarding Accepting Grants, Authorizing Contracting, Appropriations and Bond Notes for Public Access to Lake Erie and for Improvements at Lakewood Park. (Pg. 40)

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

Mr. FitzGerald credited Lou McMahon, Dave Corrigan - Don Rerko from Middough (Consulting) and others for providing plans for free, finding a parcel of land that was underutilized, securing grants (he said one from the State of Ohio for over $777,000,) receiving from the Sisters of Charity land valued at $800,000 for $10.00. he said this was especially important during the current budget climate and present financial condition. He said that Mr. Rerko and Lou McMahan present there that night exemplified public spiritedness.

Ms. Roth expressed thanks to Mr. FitzGerald, the Administration and especially Mr. Benjamin for grant writing and bringing in close to a million dollars.

Mr. George asked the Finance Director if the $380,000 request was budgeted for. Finance Director Blasko responded no and indicated that the Ordinance on the docket that night served that purpose. Mr. George said that the economic slow down has had a devastating effect on the City's revenue projections. He read from a memorandum from the Finance Director showing the June 30th revenue reports reflect a loss of $542,476 from 2002 to 2003 in revenues and an increase in expenditures of $1,369,480 in the same six month period - having net effect of $1,911, 964.00 in the General Fund balance. He read; "today we were further reduced by $342,000.00 by the re-allocation of the Local Government Fund. In addition to that our interest income is off from last year". He said that despite the need for caution the $777,804.00 from the Clean Ohio Conservation Fund, the $95,469.00 from the Ohio Natureworks Program, and the $65,250 from the Ohio Coastal Management Program requiring the City to spend $380,000 could not be passed up - that the City was receiving considerably more than that in grants.

Mr. McMahon said he was the co-chair of his group with Dave Corrigan who he said was unable to attend the meeting - and acknowledge the secretary treasurer - Doug Scwhartz who was present. He introduced Don Rerko who he said presented renderings, provided architectural background and cost estimates that helped secure grants.

He said grants and legislation would be the foundation to be the catalyst for further development that could include the completion of "humanizing" erosion control structures, developing the hill side, providing for a deep water fishing pier, allowing for a beach to swim from.

He said right now - it allows for a set of stairs to be placed at the east end of Lakewood Park. It provides a zig-zag path creating new space. At the top of the service area, the present area used for dumping piles of rocks and stone for use in the park, twenty feet from the cliff and the Lake has a chance to be incorporated into the Park. He said it creates the quarter mile lake walk in an area where people could touch the water. He thanked those who contributed from Council, the Administration and the Sisters of Charity at St. Augustine.

Mr. Seelie asked if the Resolutions required suspension of the three readings rule and Mr. Spellacy responded they did not but that the Ordinances did.

An Edgewater resident said that three people who have beach front property in the area of the proposal did not know what was going to happen. Mr. FitzGerald said they will be talked with.
A suggestion was made to put the renderings on the website and Mr. Seelie indicated this was a good idea.

Mr. Seelie calls the motion, to receive and file.
Motion adopted. All members voting yea.
….

27. RESOLUTION NO. 7787-03 - AN EMERGENCY RESOLUTION authorizing and directing the Mayor, on behalf of the City, to enter into an agreement with the Ohio Department of Natural Resources to accept and expend funds under the Ohio Costal Management Grants Program for the restoration and revitalization of the lakefront at Lakewood Park. (Pg. 42)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7787-03.
Motion adopted. All members voting yea.
….
28. RESOLUTION NO. 7788-03 - AN EMERGENCY RESOLUTION authorizing and directing the Mayor, on behalf of the City, to enter into an agreement wit the Ohio Department of Natural Resources to accept and expend funds under the Natureworks Local Grant Program for the restoration and revitalization of the lakefront at Lakewood Park. (Pg. 43)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7788-03.
Motion adopted. All members voting yea.
….

29. RESOLUTION NO. 7789-03 - AN EMERGENCY RESOLUTION authorizing and directing the Mayor, on behalf of the City, to enter into an agreement with the Ohio PublicWorks Commission to accept and expend funds under the Clean Ohio Conservation Fund Program for the restoration and revitalization of the lakefront at Lakewood Park. (Pg. 44)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution No. 7790-03.
Motion adopted. All members voting yea.
….
30. ORDINANCE NO. 53-03 - 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. (Pg. 45)

Motion by Mr. George, seconded by Mr. Seelie, to suspend the rules requiring Ordinance No. 53-03 be read on three separate days and placing Ordinance no. 53-03 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. 53-03.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: none
Motion adopted. Ordinance No. 53-03 adopted.
….

31. ORDINANCE NO. 54-03 - 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 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. 46)

Motion by Mr. George, seconded by Mr. Seelie, to suspend the rules requiring Ordinance No. 54-03 be read on three separate days and placing Ordinance no. 54-03 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. 54-03.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: none
Motion adopted. Ordinance No. 54-03 adopted.
….

32. ORDINANCE NO. 55-03 - 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. 48)

Motion by Mr. George, seconded by Mr. Seelie, to suspend the rules requiring Ordinance No. 55-03 be read on three separate days and placing Ordinance no. 55-03 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. 55-03.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: none
Motion adopted. Ordinance No. 55-03 adopted.
….

33. Fiscal Officer's Certificate regarding $380,000 Lakewood Park Improvement General Obligation Bond Anticipation Notes, Series 2003. (Pg. 50)

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

Ms. Roth complimented the Administration for the handling of the budget over the last year. She said the work help secure an improved bond rating and allows the City to borrow money at a lower rate, less costly to taxpayers. She said the Administration was able to keep the budget together in the face of the impact of the economy, citing the departure of Office Max.

Motion adopted. All members voting yea.
….
34. ORDINANCE NO. 56-03 - AN EMERGENCY ORDINANCE to provide for the issuance of $380,000 Lakewood Park Improvement General Obligation Bond Anticipation Notes, Series 2003 of the City of Lakewood, Ohio, in anticipation of the issuance of bonds for the purpose of making site improvements to Lakewood Park. (Pg. 51)

Motion by Mr. George, seconded by Mr. Dever, to suspend the rules requiring Ordinance No. 56-03 be read on three separate days and placing Ordinance no. 56-03 on final reading.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: none
Motion adopted. Rules suspended.

Motion by Mr. Seelie, seconded by Mr. FitzGerald, to adopt Ordinance No. 56-03.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: none
Motion adopted. Ordinance No. 56-03 adopted.
….
35. Communication from Law Director Spellacy regarding Submission of Ordinance No. 38-03 (Development Agreement Relating to the West End Development Area) to the November 4, 2003 Election Ballot. (Pg. 53)

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

Motion adopted. All members voting yea.
….

36. ORDINANCE NO. 58-03 - AN EMERGENCY ORDINANCE providing that the petition for referendum with respect to Ordinance No. 38-03 be submitted to a vote of the electors of the City of Lakewood, pursuant to Article XXI, Section 1 of the Second Amended Charter of the City of Lakewood. (Pg. 55)

Motion by Mr. George, seconded by Mr. Seelie, to suspend the rules requiring Ordinance No. 58-03 be read on three separate days and placing Ordinance No. 58-03 on final reading.

Yeas: Corrigan, Dever, Dunn, George, Roth, Seelie
Nays: None
Mr. FitzGerald absent from table.
Rules suspended.

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 58-03.

Mr. George said it was his understanding that once the legislation was approved by Council that any action subsequent would have to wait until the November 4th election.

Mr. Spellacy asked if Mr. George referred to any action as it related to the petition.

Mr. George referred to the Mayor's letter. He asked if anything would happen until the project is voted on November 4th.

Mr. Spellacy said that legally the Charter allows the City to keep acting in honoring the Ordinance as it has already passed - 38-03. He said he didn't want to speak for the Mayor but thought it was her intention to honor the electorate and allow them to vote on the matter. He said he didn't' think the City was legally bound to do that but thought that was the intent.

Mr. Dunn asked if tonight's action of Council ensures that the issue will be on the November ballot or if the Board of Elections would have an opportunity to review it and exercise judgment as to whether it's proper or confusing to the electorate and could therefore deny people an opportunity to vote.

Mr. Spellacy responded that the Board of Elections has an independent ability to review. He said with past experience, however, unless there is some type of challenge that would appear on the ballot absent that challenge. He said if there was a challenge somebody could challenge this in front of the Board of Elections.

Mr. Dunn asked if anyone could challenge.

Mr. Spellacy said any resident within the City of Lakewood could challenge and maybe outside too.

A resident spoke said there was an error in the proposed referendum ordinance. He said the second paragraph, second page, there appears to be an incomplete sentence. He quotes; "If a majority of the voters vote "For the Ordinance," Ordinance 38-03 passes and the referendum is defeated. If a majority of the voters vote Article Article XXI, Section 8." He said this doesn't indicate that there should have been if the majority of the voters vote negatively then the ordinance fails. He said the ordinances goes one way but not the other.

Mr. Spellacy responded that the only way for the ordinance to pass is for an affirmative number of votes but that he was correct it doesn't have that exact verbiage stating it fails. He said it could only pass one way by an affirmative number of votes. It fails if it's a tie.

The resident asked what happens if it fails - Mr. Spellacy says the Charter lays out what happens in Article XXI, Section 11.

Gerald Phillips said he was there on behalf of citizens a group of citizens he said were concerned about the blight designation for the West End. He said they thought this was a frivolous determination. He said Friday, these citizens started to circulate an Initiative Petition to repeal Ordinance 146-02. He said this was the Ordinance that contained the blight determination for the West End. He said the Initiative Petition will let the voters decide if the West End is blighted. He said there were also concerns about the use of eminent domain without the vote of the people. He said these citizens are also circulating a Charter Amendment petition that gives residents the right to vote on development projects. He said both of the petitions are available to be signed after the meeting.

Mr. Dunn referred to the comments regarding the Ordinance language. He wanted confirmed that voters would not read that section and it would not then lead to confusion. Mr. Spellacy responded that that was correct stating that the only part the voters will see - a Title of the Ordinance and a line that says "For the Ordinance" and "Against the Ordinance".

Mr. Corrigan asked if the language pointed out by the resident was a typographical error, fragmented sentence or was intended to be as it read. Mr. Spellacy said it was intended to be printed as it reads.

Mr. Corrigan said that in reading it - it says - if the majority of the voters vote Article XXI, Section 8 "period".

Mr. Spellacy said he thought he meant regarding the first line. Mr. Corrigan asked about the second line, second sentence, stating something was missing there.

Mr. Seelie asked if it was a grammatical, if it could be amended.

Mr. Dunn stating that that does not create a defect in the intent of the ordinance. Mr. Spellacy said it did not. He said the intent of the ordinance is to send it to the Board of Elections. He said he thinks it should read, "if the majority of voters vote for the ordinance Ordinance 38-03 passes and the referendum is defeated. A tie vote results in the issue being defeated. And referencing ORC 7321.28, 731.29. He said to make this correct, he believed "if a majority of the voters vote Article XXI, Section 8" should be deleted.

Motion by Mr. Dunn, seconded by Mr. George, to delete the second sentence in the last paragraph of Section 2.

Motion by Mr. George, seconded by Mr. Seelie, to withdraw motion to suspend the rules.

Mr. Seelie reads - Motion by Mr. Dunn, seconded by Mr. George, to amend by deletion of the second sentence in last paragraph of section 2.
Mr. FitzGerald asked if Article XXI, Section 8 of the Charter addresses what happens if a majority of the voters vote against it.

Mr. Spellacy reads Section 8; if when submitted to a vote of the electors any such ordinances is not approved by a majority of those voting thereon, it shall be deemed repealed.

Mr. FitzGerald asked if the amendment, instead of deleting that, was the intention of the sentence supposed to be; "if the majority of the voters vote against the proposed ordinance than it is deemed to be repealed pursuant to Article XXI, Section 8.

Mr. Corrigan said he thought it should be spelled out.

Motion and second withdrawn.

Motion by Mr. FitzGerald, seconded by Mr. Corrigan, to amend the second paragraph, second page, second sentence to read, "if a majority of voters vote against the ordinance then that Ordinance is repealed pursuant to Article XXI, Section 8.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie

Ms. Roth said if they vote against the ordinance - the ordinance is repealed - if they vote for the ordinance then the referendum is defeated. She asked if we really want to defeat the ordinance. She asked if the Ordinance was 38-03 and if in both cases it would happen. If you vote for the ordinance, the referendum is defeated, if they vote against the ordinance, the ordinance is defeated.

Mr. FitzGerald said if the voters vote for the ordinance then the referendum is defeated. If the majority of the voters vote against the ordinance the ordinance is repealed.

A resident asked if Council was changing the ordinance verbally before voting on it.

Mr. Seelie said there's a typographical error, and we're correcting that.

The resident said that something was going to be voted on before people here could see what you changed. Mr. Seelie said - we're changing the wording to correct a typographical error. He said if someone wanted the typographical error to stay in would be fine but that Council didn't' want to keep it in.

Ms. Roth said that Council was not changing the referendum wording that people signed. She said that remains the same. She said this was something that defines what happens based on the vote. She said Council was voting getting the issue on the ballot because there was a time restriction.

Mr. Seelie called for the roll to be taken on the motion to amend

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Ordinance No. 58-03 is amended.

Motion by Mr. George, seconded by Mr. Dunn, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 58-03 on final reading.

Ms. Roth said that there seems to be a lot of out of town lawyers getting involved in the issue and asked if there was a list available. She said she understood there was a group out of Washington - she said Mr. Phillips claimed he represents some people, Mr. Jerome indicated he represented someone.

Mr. Spellacy said that he knew the Institute of Justice has indicated they represent the folks they allege in the complaint as plaintiffs and Mr. Jerome has said he represents Mr. Krislaty, and he said he guessed Mr. Phillips represented somebody, that he did not know, that he had filed anything with the Courts that he knew of.

Mr. Seelie called the motion to suspend the rules.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Rules suspended.

Motion by Mr. George, seconded by Mr. Seelie, to adopt Ordinance No. 58-03.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Ordinance No. 58-03 adopted as amended.
….
37. Communication from Mayor Cain regarding West End Development. (Pg. 57)

Motion by Mr. Seelie, seconded by Ms. Roth, to receive, file and refer the communication to the Committee of the Whole.

A business owner on Scenic read the comments he said were from a resident who had spoken on his behalf in the past. He read that good, honest, successful business owners in that area were needed especially in the face of 134 empty storefronts along Detroit and Madison. He read that it would never be right for a government to force people to sell their businesses to a developer. The business owner asked if there were a total of 29 property owners that have never signed.

Mr. Pietravoia responded that there approximately a dozen businesses in the project area and 54 residential properties.

The business owner asked if there were 17 homes that have never signed. Mr. Pietravoia responded that there were 14 homes that have not signed and a number of commercial properties that have not singed. He said he did not have an exact number.

The business owner asked how many property owners have not re-signed after the contracts had ran out.

Mr. Pietravoia responded that he did not have that evening. He said that he did know the developer had made significant progress in getting the homeowners that originally signed agreements to sign extensions.

The business owner said the last figures they had were at least 30. He said that makes about 42 property owners that haven't signed and are not going to sign.

Mr. Seelie called the motion to receive, file and refer to the Committee of the Whole.

Motion adopted. All members voting yea.
….

38. RESOLUTION NO. 7790-03 - AN EMERGENCY RESOLUTION declaring the necessity and intention to appropriate property within the West End Community Development Plan District for redevelopment purposes and for the clearance and redevelopment of the designated blighted area. (Pg. 59)

Motion by Ms. Roth, seconded by Mr. Dunn, to defer(and refer to the Committee of the Whole).
Motion adopted. All members voting yea.
….

39. RESOLUTION NO. 7791-03 - AN EMERGENCY RESOLUTION declaring the necessity and intention to appropriate property within the West End Community Development Plan District for redevelopment purposes and for the clearance and redevelopment of the designated blighted area. (Pg. 61)

Motion by Ms. Roth, seconded by Mr. Dunn, to defer(and refer to the Committee of the Whole).
Motion adopted. All members voting yea.
….

40. RESOLUTION NO. 7792-03 - AN EMERGENCY RESOLUTION declaring the necessity and intention to appropriate property within the West End Community Development Plan District for redevelopment purposes and for the clearance and redevelopment of the designated blighted area. (Pg. 63)
Motion by Ms. Roth, seconded by Mr. Dunn, to defer (Council President Seelie clarifies that the motion is also to refer the items to the Committee of the Whole) - and refer to the Committee of the Whole.

Motion adopted. All members voting yea.
….

41. RESOLUTION NO. 7793-03 - AN EMERGENCY RESOLUTION declaring the necessity and intention to appropriate property within the West End Community Development Plan District for redevelopment purposes and for the clearance and redevelopment of the designated blighted area. (Pg. 65)

Motion by Ms. Roth, seconded by Mr. Dunn, to defer and refer to the Committee of the Whole.

Motion adopted. All members voting yea.
….

42. RESOLUTION NO. 7794-03 - AN EMERGENCY RESOLUTION declaring the necessity and intention to appropriate property within the West End Community Development Plan District for redevelopment purposes and for the clearance and redevelopment of the designated blighted area. (Pg. 67)

Motion by Ms. Roth, seconded by Mr. Dunn, to defer and refer to the Committee of the Whole.
Mr. Seelie asked the Law Director if items 43 through 49 could also be read, deferred and referred to the Committee of the Whole in one motion. Law Director Spellacy responded that was acceptable.

Motion by Mr. Seelie, seconded by Mr. George, to defer and refer items 44, 45, 46, 47,48 and 49 after being read into the record.

43. RESOLUTION NO. 7795-03 - AN EMERGENCY RESOLUTION declaring the necessity and intention to appropriate property within the West End Community Development Plan District for redevelopment purposes and for the clearance and redevelopment of the designated blighted area. (Pg. 69)
Deferred and referred to the Committee of the Whole in blanket motion (made before item 43 - Resolution No. 7795-03)

44. RESOLUTION NO. 7796-03 - AN EMERGENCY RESOLUTION declaring the necessity and intention to appropriate property within the West End Community Development Plan District for redevelopment purposes and for the clearance and redevelopment of the designated blighted area. (Pg. 71)

Deferred and referred to the Committee of the Whole in blanket motion (made before item 43 - Resolution No. 7795-03)

45. RESOLUTION NO. 7797-03 - AN EMERGENCY RESOLUTION declaring the necessity and intention to appropriate property within the West End Community Development Plan District for redevelopment purposes and for the clearance and redevelopment of the designated blighted area. (Pg. 73)

Deferred and referred to the Committee of the Whole in blanket motion (made before item 43 - Resolution No. 7795-03)

46. RESOLUTION NO. 7798-03 - AN EMERGENCY RESOLUTION declaring the necessity and intention to appropriate property within the West End Community Development Plan District for redevelopment purposes and for the clearance and redevelopment of the designated blighted area. (Pg. 75)

Deferred and referred to the Committee of the Whole in blanket motion (made before item 43 - Resolution No. 7795-03)

47. RESOULTION NO. 7799-03 - AN EMERGENCY RESOLUTION declaring the necessity and intention to appropriate property within the West End Community Development Plan District for redevelopment purposes and for the clearance and redevelopment of the designated blighted area. (Pg. 77)

Deferred and referred to the Committee of the Whole in blanket motion (made before item 43 - Resolution No. 7795-03)

48. RESOULTION NO. 7800-03 - AN EMERGENCY RESOLUTION declaring the necessity and intention to appropriate property within the West End Community Development Plan District for redevelopment purposes and for the clearance and redevelopment of the designated blighted area. (Pg. 79)

Deferred and referred to the Committee of the Whole in blanket motion (made before item 43 - Resolution No. 7795-03)

49. RESOLUTION NO. 7801-03 - AN EMERGENCY RESOLUTION declaring the necessity and intention to appropriate property within the West End Community Development Plan District for redevelopment purposes and for the clearance and redevelopment of the designated blighted area. (Pg. 81

Deferred and referred to the Committee of the Whole in blanket motion (made before item 43 - Resolution No. 7795-03)

A resident asked the what the motion meant. Mr. Seelie indicated that Council was not making any decision on the items, that it was deferring and referring them to a Committee of the Whole, and indicated that Committee was made up of all councilmembers until after the election.

A Gridley Avenue resident spoke stating he was present to save his neighborhood. He said his neighbors included the apartment dwellers, businesses and homes. He mentioned a recent block party in the neighborhood and indicated an outpouring of support from citizens of Lakewood. He said hundreds of people attended and toured Graber, Gridley, Rio and Scenic. He said they all wanted to know where the blight was. He thanked the Fire Department and EMS squads and Police for their participation, caring attitude and patience in explaining various safety functions to the children present.

He said that night Council had legislation to start the process of taking commercial properties by eminent domain. He said according to the Development Agreement, there was a 90 day window to acquire all the properties for this Development. He asked when similar legislation for residential properties will come to Council.

Mr. Pietravoia said that the Mayor addressed that in her correspondence that it would be considered at a later date.

The resident asked how many properties were anticipated to be taken by eminent domain.

Mr. Pietravoia responded that the goal from the beginning was not to use eminent domain at all.

A Gridley Avenue resident referenced comments that Mr. McMonagle, negotiator had received a list from the Developer and asked if the list included all the commercial and residential properties including the properties of the homeowners who have chosen not to renew their contracts.

Law Director Spellacy responded that he believed the list only included those who were represented by the Institute of Justice from Washington.

The Gridley Avenue resident asked if this meant nobody on Council knows the exact number of properties or their owners that might have to be taken by eminent domain.

Mr. Seelie responded that no because the individuals were listed there.

The Gridley Avenue resident stated that there were a lot more properties and there are people that are not represented by that counsel.

Mr. Spellacy stated it was his understanding that in Mr. McMonagle's letter indicated he was attempting to speak with all those parties who have not entered into an agreement with CenterPoint Properties and those are ongoing.

The Gridley resident said it was her understanding from the letter that Mr. McMonagle had a list from the Developer of all the pieces of property that had not signed options. She wanted to know who owned those properties or the number that are still being negotiated.

Mr. Seelie indicated they did not have that information.

Mr. Dunn asked if the number of 17 homeowners not under contract was accurate.

Mr. Pietravoia said that he responded to a question from a resident, stating there were 14 residential properties that had not signed agreements. He said there were additional properties owned by commercial property owners that were part of the 17 in that law suit.

The resident said Council was in the process of taking the ability to own a home and/or a business away from area residents because they did not produce enough tax revenue. She said that not all citizens could produce top tax revenue but stated they remained vital to the community.

A speaker spoke about the preservation of two oak trees he said were in the project area - one with an 11 foot girth and another with 12 ½ foot girth. He said the area had historic significance.

A speaker said he worked in Lakewood stating the West End Development Project was part of a comprehensive, thoughtful planning process for the community's future. He said it was part of the Hilliard Triangle District, and the projects on the east end. He said the West End Project involved the acquisition of property for the purpose of ensuring and enhancing the long term economic vitality of the community. He said the meaning of an economically blighted area was about the economic redevelopment of an area and did not include some of the houses that people have talked about. He said a long-term plan was preferable to the haphazard prospects of having developers coming in here and there.

A Westerly resident took issue with "emergency" language in the ordinances on the docket and said they showed that the citizens of Lakewood had nothing to say about the ordinances. She said she thought the proposed Zoning study was a way to change the Code to allow the people in the Development area to lose their houses. She said that putting up a 2000 car garage would create more traffic/speeding problems. She said that she heard Lakewood was already in debt and did not want to spend another 35 million dollars - when Federal and State Governments also have no money. She said she thought Lakewood had character and did not like what she said would be a development like every other shopping area in the United States.

A resident said there was talk about irregularities in petitions and commented that people don't realize that Lakewood doesn't have a standard Referendum form. He said you'd either go to the Board of Elections or invent one of your own. He said that some people asked why Lakewood wasn't contacted to review the petitions prior to circulation. He said that wasn't something that couldn't do because if the City said they were okay - and there's an error than the City would be held liable. He said that wasn't appropriate. He did ask if City Council could commission a standard referendum petition to be drawn for the future generations.

Mr. Seelie responded that was a possibility.

The resident asked if the Agreement was signed July 16 or June 16. He said the letter from the Mayor stated July. He mentioned the ordinance says June 16 but the letter says July 16. He asked about individual resolutions being prepared for each parcel and in the actual resolutions a there are parcels lumped together.

Mr. Seelie said he would imagine they were owned by the same person and Mr. Pietravoia added that was so.

Mr. George said he wanted to be clear. He said on Page 81 - "that the Community Development Plan for the West End District dated July 25, 2002 and an Agreement was executed June 16, 2003.

Mr. Pietravoia said the resolutions are correct - and the 90 day period is September 16.

A business owner said the parcel numbers were not listed properly in the ordinance and commented that due diligence has not been done regarding the economics of the project. He asked if "correlative dangers of co-tenancy" were contemplated. He explained the term to mean if one tenant doesn't make its pre-requisite amount of dollars for a given year should that be negotiated in the lease agreement then they had a right to leave. He said that other tenants could also have a right to leave, because of the co-tenancy relationship. He said that this could happen after the City has dedicated 35.5 million to the project and another $200,000 plus a year for 10 years to things like garage repairs. He said the issue is that taxpayers were putting up the money. He asked if anybody discussed closing loop holes that if a tenant leaves and others follow if anything stops the developer or a new owner going to the County and asking for tax reduction.

Other residents commented on the following:

Appreciation and recognition of residents who have spoken against the project and appreciation of Council's work in waiting for the Election and working out the language to allow for the democratic process to unfold. Mention of the block party held in the foot print area of the development indicating the area was not blighted. Criticism of the negotiations with the developer stating that the developer is delaying drafting a written document.

Mr. Seelie called the motion, to defer and refer (to the Committee of the Whole) per the previously read items.
Motion adopted. All members voting yea.
….

50. Communication from Health & Human Services Director Buckon regarding Community Navigator Grant. (Pg. 83)

Motion by Mr. George, seconded by Mr. Dunn, to received and file the communication.
Motion adopted. All members voting yea.
….

51. RESOLUTION NO. 7802-03 - AN EMERGENCY RESOLUTION authorizing and directing the Director of the Department of Human Services, on behalf of the City, to enter into an Amended Agreement with the Cuyahoga County Department of Senior and Adult Services to extend an Agreement to accept and expend grant funds awarded for the purpose of providing case management and resource and referral services through the COMMUNITY NAVIGATOR Program through December 31, 2003. (Pg. 84)

Motion by Mr. George, seconded by Mr. Dunn, to suspend the rules requiring this resolution be read on three separate days and placing Resolution No. 7802-03 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 Resolution No. 7802-3

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie
Nays: None
Motion adopted. Resolution No. 7802-03 adopted.
….
52. Liquor Permit Application for C1 and C2 transfers to Ketermaya LLC d/b/a Dairy Mart #5247, 12500 Detroit Avenue, from MACS Convenience Stores LLC, d/b/a Dairy Mart #5247 same address. (Pg. 85)

Mr. Dunn indicated the Law Director had informed him the permit is still being reviewed.

Motion by Mr. Dunn, seconded by Mr. FitzGerald, to defer action on this liquor permit.

Ms. Roth referred to the postmark date of August 11 on the liquor permit as it related to Council's first meeting in September, September 2. Mr. Spellacy said that the Liquor Board will typically allow a 30 day extension on a first request. He said he would ask for an extension, no earlier than September 5, he said it will probably be the 11th.

Motion adopted. All members voting yea.
….
53. Liquor Permit Application for D2, D2X, D3, D3A, and D6 transfers to AA Priv Inc., 12208 Madison Avenue from 12208 Noble Enterprises Inc. d/b/a Club Soda, same address. (Pg. 86)

Mr. Dunn indicated the Law Director had informed him the permit is still being reviewed.
Motion by Mr. Dunn, seconded by Mr. George, to defer action on this liquor permit.
Motion adopted. All members voting yea.

Post Agenda: Mr. Corrigan indicated that earlier in the meeting there were a group of residents present from Webb Road. He said they were late in coming to the meeting because they were in the process of cleaning water and sewage out of their basement. He said last August there was a similar problem at Webb Road and the process has been repeated over the years. He said between August and February - in February Budget Hearings, the problem was identified, and a solution proposed. He said Council appropriated $80,000 to remedy the problem. He said back in February, March, April he inquired about the timeline when the project would begin. He said the timeline given was that it was to begin on June 15. He said the project has not started as of this date. He said the residents on the top half of Webb Road find raw sewage in their basement and this was an avoidable situation, where a solution had been identified. He said that he understands Mr. Boag is not here and the Mayor but said he wanted some answers by tomorrow as far as a timeline. He said he wanted this pushed up to the top of the list and he wants the resident s to get some relief.

A resident said he has lived on Webb Road (south end of Webb) - which he said the sewer line is connected to the Detroit line, that no other street is connected to the Detroit line. He said the rest of the streets run downhill, connected to the Clifton line headed for the Lake. He said since the thirteen years he has lived there, eight separate times there has been a sewer back up. He said when it happened in August last year - four television stations were there. He said he understood that the project might be held up because of the EPA. He mentioned there was a health issue to be concerned about. Mr. Dunn asked what obstacles were being presented by the EPA. The resident said he did know specifically. Ms. Roth asked if the Health Department was there now and the response was that it was.

Motion by Mr. Seelie, seconded by Mr. George, to adjourn the meeting.
Motion adopted. All members voting yea.
Meeting adjourned 11:24 PM.