Regular Meeting of the Lakewood City Council called to order at 7:35 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, Captain Saballa, Planning & Development Director Pietravoia, 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. Corrigan, to approve the Minutes of the Regular Meeting of Council held 9/2/03 without the necessity of a reading.

Motion adopted. All members voting yea.
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Without objection from Council, Items 5,6,

****OLD BUSINESS****

1. Committee of the Whole Verbal Report regarding Initiative Petition to repeal Ordinance No. 146-02.

Mr. Seelie submitted his report.
The Committee of the Whole met at 6:30 that evening, a number of residents expressing views in favor or opposed to the petition. He said that because the lack of valid signatures and the fact that City Council believes in the development, City Council was not required to place the ordinance on the ballot and made a recommendation to reject the petition and the ordinance that evening.

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

Motion adopted. All members voting yea.
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2. ORDINANCE NO. 58-03 – An EMERGENCY ORDINANCE submitting an Initiative Petition to repeal Ordinance No. 146-02 in its entirety, an emergency ordinance approving the Community Development Plan for the West End District, pursuant to Article XX of the Second Amended Charter of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 9/2/03)(Pg. 5)

Motion by Mr. Seelie, seconded by Mr. Dunn, to reject submitting to the ballot an Initiative Petition to repeal Ordinance No. 146-02 .

Councilmember Roth asked if suspending the rules would be necessary or if having the public hearing and the Charter indicating action overrides that.

Mr. Spellacy responded indicating that Article XX, Section 6 of the Charter showed that after the Public Hearing the committee shall report the proposed ordinance to Council with its recommendation and not later than the third regular meeting of Council following that at which the proposed ordinance is submitted to Council that you should act. He said it doesn’t discuss three readings or suspension of the rules. He said he did not believe there was a need for suspension of the rules, as long as Council acts within the three meetings.

Councilmember Dunn said the referendum process in the City was being abused. He said the group of people who were involved in the present referendum were involved in the 1998 referendum for Issues 45 and 46. He said in 1998 for a period of several months the City Administration was unable to function fully because it had to respond to numerous public records requests and essentially mount a campaign to ensure the solvency of the City’s water department. He said that effort cost hundreds if not thousands of City man hours to defeat. He said there was a subsequent legal action which ended up costing taxpayers close to $60,000 resulting in a frivolous lawsuit. He said these issues had to be part of the public debate.

Councilmember Dunn indicated he opposed the legislation because passage of the issue would be a detriment to Lakewood. He said Lakewood is in competition with other communities throughout the region, that capital invests where capital gets the best return. He said if an issue like this is passed any investor would look twice or even bi-pass Lakewood because he or she would have to face a campaign or possible legal fight. He said the threat of putting an issue on the ballot each time Council had to exercise bold leadership would sap Council’s power to bring issues that lie below the surface to the public consciousness. He said Council and the Mayor debated urban sprawl and worked to address the consequences of Lakewood’s population and resources leaving the community. He said that many could believe the West End Development was not the project of choice, but that he believed the project was one of necessity to ensure the City’s vitality.

Councilmember Corrigan said that this would be the third issue on the West End. He said Council had already placed one issue on the ballot regarding the tax increment financing plan and a Charter Amendment. He said this issue would be a destructive Charter Amendment and prevent the City from being viable and competitive. He said tonight’s ordinance asks Council to repeal what it has done its homework on. He said public hearings were held, public input was gathered. He said that the Council stood by its decision. Mr. Corrigan said that the 15% of the vote that was inquired about at the Hearing to place the ordinance on the ballot in November was not met. He said if that is met Council had no choice but to place it on the ballot. He said that Council was not required to place the ordinance on the ballot and that he would vote against the ordinance.

Mr. George said that ultimately the procedures were not met to mandate the ordinance be put on the ballot as in previous issues. He said that as a result, Council finds itself where it was about a year and a half ago talking about the merits of the blight study. He said that a number of people who talked that night were homeowners but that the whole area that was identified also included the apartment buildings. He said that at this point there wasn’t the luxury to separate the homes from the apartment buildings. He said that he and many others lobbied hard to see if residential areas could be excluded and were unsuccessful in that matter. He said the fact remains that there is a housing crisis in the City particularly with the a glut of rental units. He said the advantage of the project from the beginning has been the elimination of housing that would not make it to the 21st century as it is. He said it has to be redeveloped. Mr. George said that he would stick with his decision of a year and a half ago to explore the possibilities of the project.

Mr. Dever said that he was not on Council when the project was originally voted on but that he followed the issue through the papers, discussions with neighbors and discussions with Councilmembers. He said that the Planning Commission and Council made the right decision. He said he was in favor of the project and in favor of the decision that was made regarding the Project. He said he thought the project is needed for the community and that he would be voting no on the Ordinance.

Residents and meeting attendees spoke for and against the ordinance. Comments included the requests to rescind the study because of the label of blight, that the study contained erroneous information. Comments were heard opposing the process of referendum indicating it curtailed detailed study, hearing of witnesses, review of documents, and holding public meetings.

Attorney Gerald W. Phillips, 35955 Detroit Road; Avon – asserted that once the validation of the signatures is made, and the 15 percent is met, the Council can call a Special Meeting and put the issue on the November ballot. He said that Council can intentionally delay it and not have a special council meeting in order for it to get on the ballot for November and that they do so “at their own risk and peril”.

Law Director Spellacy asked Mr. Phillips where in the Charter it stated a Special Council Meeting should be had. Mr. Phillips responded that it doesn’t say that. Mr. Spellacy confirmed that it did not. Law Director Spellacy asked Mr. Phillips if it stated “Regular”. Mr. Phillips responded that they had a Special Meeting in 1998 and asked why they won’t this time. Law Director Spellacy asked Mr. Phillips to go to Article XX, Section 10 of the Charter.

A resident said he interpreted from the meeting that the additional signatures were to go down to the Board of Elections in time for the Secretary put it on the November ballot.

On the motion to reject the petition.

Councilmember Roth said that the issue is about whether or not there will be any private development in the City for the next ten years. This has not been an easy decision for anybody – the Administration, the Planning Commission, the Council. The people who live there are wonderful, there are no neighborhoods like Lakewood. It’s time we look forward and think about the future. We’ve lost a couple of major employers in the last couple of months. Bonne Belle was talking about moving its headquarters to New York City and because of this project testified considering staying here. She said regarding putting the issue on the ballot, she was concerned that the kind of due diligence done over the past years could not be effectively transmitted to the public, the issues about the financing and how that’s going to work, the positives, negatives, the safeguards. Whether or not the financial interaction, how it’s structured with the bonds. The traffic studies that we’ve done – the safeguards that we put into the agreement so that we protect the expenditure of public dollars. I will be voting against the ordinance.

Motion by Mr. Seelie, seconded by Dunn, to reject the petitions and Ordinance 58-03.

Motion adopted. All members voting yea.

(Public Comment on non-agenda items were heard after this item, Item 11 was brought forward)
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3. ORDINANCE NO. 57-03 - AN EMERGENCY ORDINANCE authorizing the Mayor on behalf of the City of Lakewood to enter into an agreement extending a cable franchise to Cox Communications for a period of fifteen (15) years pursuant to Article XVIII of the Second Amended Charter of the City of Lakewood. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 9/2/03){FRANCHISE AGREEMENT PUBLISED IN ITS ENTIRETY 9/2/03 REMAINS ON FILE IN THE CLERK OF COUNCIL OFFICE FOR PUBLIC REVIEW}(Pg. 7)

Motion by Mr. George, seconded by Mr. Dunn, to place Ordinance No. 57-03 on 2nd Reading and refer back to the Committee of the Whole.

Motion adopted. All members voting yea.
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4. ORDINANCE NO. 64-03 – AN EMERGENCY ORDINANCE authorizing and directing the Director of Finance to sell, through trade-in, one Eagle Compressor and 4500psi Cascade System in conjunction with the purchase of a new Breathing Air Compressor. (PLACED ON 1ST READING & REFERRED TO THE FINANCE COMMITTEE 9/2/03)(Pg. 9)

Motion by Mr. George, seconded by Mr. Seelie, to place Ordinance No. 64-03 on 2nd Reading and refer back to the Finance Committee.
Motion adopted. All members voting yea.
{Because of change in docket order, item 13 started after this item}

****NEW BUSINESS****

5. Communication from Mayor Cain regarding 20th Anniversary of the Lakewood Christian Service Center. (Pg. 10)

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

Motion adopted. All members voting yea.
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6. RESOLUTION NO. 7808-03 – A RESOLUTION recognizing the 20th Anniversary of the Lakewood Christian Service Center and recognizing that Sunday, September 21st is “Lakewood Christian Service Center Sunday”. (PG. 12)

Motion by Mr. George, seconded by Mr. Seelie, to adopt Resolution NO. 7808-03.

Motion adopted. All members voting yea.
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7. Communication from Mayor Cain regarding Fire Prevention Week and Lakewood Firefighters Memorial Day. (Pg. 13)

Motion by Mr. George, seconded by Mr. Seelie, to receive and file the communication.
Motion adopted. All members voting yea.
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8. RESOLUTION NO. 7809-03 – A RESOLUTION honoring America’s Firefighters who have made the supreme sacrifice while carrying out their duties of our nation and its communities. (Pg. 14)

Motion by Mr. George, seconded by Ms. Roth, to adopt Resolution No. 7809-03.
Motion adopted. All members voting yea.
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8A. ADD-ON – RESOLUTION NO. 7814-03 – A RESOLUTION calling upon the citizens of Lakewood to participate in fire prevention activities at home and school, and to heed the message: “When Fire Strikes: Get Out! Stay Out!” as the 2003 Fire Prevention Week theme suggests.

Motion by Mr. George, seconded by Ms. Roth, to adopt Resolution No. 7814-03.
Motion adopted. All members voting yea.
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9. Communication from Mayor Cain regarding Resolution thanking the Lakewood Garden Club. (Pg. 15)

Motion by Mr. George, seconded by Ms. Roth, to receive and file the communication.
Motion adopted. All members voting yea.
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10. RESOLUTION NO. 7810-03 – A RESOLTUION thanking the members of the Lakewood Garden Club for the donation of an irrigation system for use by the City of Lakewood at the Warren Road Park. (Pg. 16)

Motion by Mr. George, seconded by Mr. Dever, to adopt Resolution No. 7810-03.
Motion adopted. All members voting yea.
Garden Club representative expresses appreciation to City Employees Barb McGinty, “she’s always there for us” Tim Herdmann, “fabulous, unit manager for Parks”, Matt Dagy, “fabulous guy”, David Erhardt, “fabulous guy” ex-police officer, now community service supervisor. She said David brings people to help clean up the parks. Patrick Gillespie “made sure our streets looked nice and clean for our last garden tour”. Thanks were also given to Jeff Rink (Planning & Development).
(Item 1 was read after this item).

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11. Communication from Finance Director Blasko regarding Lakewood Hospital Bond Refunding. (Pg. 17)

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

Mr. George said this was a simple refinancing and would save considerable money for Lakewood’s largest employer. He said Fred DeGrandis was present to answer questions regarding the two million dollars in improvements and capital equipment.

Fred DeGrandis said that the legislation allows the Hospital to refund/refinance their debt. He said this enables them to access new money without increasing their monthly payment debt service. He said this opportunity exists today because interest rates are as lows as they’ve been in a in 40 years. He said the new money they plan to access would be limited to two million dollars, and that the dollars would be spent at Lakewood Hospital in the City of Lakewood. He said the Board was presented a plan to use the money to support the cardiac program, invasive cardiology, cardiac surgery and the support systems relative to equipment. He asked consideration that the ordinance be passed on an emergency basis to take advantage of the marketing conditions.

Councilmember Roth said she remembered the lease indicated there would be five million dollars in capital improvements every year and asked if that is in effect and how his two million dollars fit into that.
Mayor Cain responded that it was on a rolling three year schedule and that the two million dollars discussed would be over and above the Hospital’s lese requirements.

Mr. DeGrandis mentioned that Rick Seltzer, Chief Administrative Officer of the Hospital was present and said that was correct. He said the Hospital’s commitment of dollars to the community could be further evidenced by the emergency room expansion.
On the motion to receive and file.
Motion adopted. All members voting yea.
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12. ORDINANCE NO. 66-03 – AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF HOSPITAL REVENUE BONDS, SERIES 2003 (LAKEWOOD HOSPITAL ASSOCIATION), OF THE CITY OF LAKEWOOD, OHIO FOR THE PURPOSE OF REFUNDING CERTAIN OBLIGATIONS OF SAID CITY PREVIOUSLY ISSUED FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING, IMPROVING, REMODELING, ENLARGING, FURNISHING, AND EQUIPPING HOSPITAL FACILITIES AND REFUNDING PRIOR OBLIGATIONS OF SAID CITY ISSUED FOR THE SAME PURPOSE IN AN AGGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $30,000,000 (EXCEPT IN THE EVENT THAT ANY BONDS ARE OFFERED AT AN ORIGINAL ISSUE DISCOUNT AS SET FORTH HEREIN); AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE SUPPLEMENTAL TRUST INDENTURES TO SECURE SAID BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE SUPPLEMENTS TO THE LEASE; PROVIDING FOR CERTAIN OTHER MATTERS RELATED TO THE ISSUANCE AND SALE OF THE BONDS; AND DECLARING AN EMERGENCY. (Pg. 18)

Motion by Mr. George, seconded by Mr. Seelie, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 66-03 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. 66-03.
Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie.
Nays: None
Motion adopted.
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13. Communication from Planning & Development Director Pietravoia regarding Contracting Authority for Cuyahoga County Economic Development Grant Funds Related to the Hinkley Lighting Expansion Project at 12600-12750 Berea Road. (Pg. 27)

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

Ms. Roth asked if this required any match on the City’s part. Planning & Developing Director Pietravoia responded that the City had provided a match on the state program; the dollars spent from the Economic Development Fund to do the environmental assessment on the property. He said that would also count as a match towards the county grant. Ms. Roth clarified that there was no additional match and Mr. Pietravoia indicated she was correct.

Mr. Corrigan asked what the “same” dollar amount meant. Mr. Pietravoia said that he application to the state was for that dollar amount - $387,722. He said the County has stepped in and will provide the grant instead of the State program in a quicker time frame than when the City would receive the State dollars.

Motion adopted. All members voting yea.
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14. RESOUTION NO. 7811-03 – AN EMERGENCY RESOLUTION authorizing the Mayor or her designee to enter into an agreement with Cuyahoga County to accept and expend an economic development grant through the Cuyahoga County Department of Development in an amount not to exceed Three Hundred Eight-Seven Thousand Seven Hundred Twenty-Two Dollars ($387,722.00) for the purposes of site improvements and other costs related to the Hinkley Lighting, Inc. expansion project at 12600 and 12750 Berea Road, Lakewood, Ohio. (Pg. 29)

Motion by Ms. Roth, seconded by Mr. Seelie, to adopt Resolution No. 7811-03.
Motion adopted. All members voting yea.
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15. Communication from Health & Human Services Director Buckon regarding Department of Human Services/Division of Early Childhood Family Support Program. (Pg. 31)

Motion by Ms. Roth, seconded by Mr. Seelie, to receive and file the communication.
Motion adopted. All members voting yea.
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16. RESOLTUION NO. 7812-03 – AN EMERGENCY RESOLUTION authorizing the Director of Human Services, on behalf of the City, to enter into an Agreement with the Heights Parent Center and the Shaker Family Center for the administration of a joint grant award from the Cleveland Foundation and the George Gund Foundations for the formation of a strategic alliance between the Lakewood Family Room, the Heights Parent Center and the Shaker Family Center. (Pg. 32)

Motion by Mr. George, seconded by Mr. Dever, to adopt Resolution No. 7812-03.

Ms. Roth asked for clarification on the affiliation if the Lakewood Family Room meant the City of Lakewood; if the Lakewood Family Room was a separate entity. Health & Human Services Director Buckon responded that the Lakewood Family Room is the Human Services Department, Division of Early Childhood. Ms. Roth asked if the Heights Parent Center is the City of Cleveland Heights – and the City of Shaker Heights – Ms. Buckon responded that those were two non-profit centers functioning within the municipalities. She said however, Lakewood was unique in that it was one municipality that supported the programs within the Administration.

Motion adopted. All members voting yea.
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17. Communication from Health and Human Services Director Buckon regarding Public Health Emergency Preparedness: Countywide Coordinated Community Response Plan. (Pg. 34)

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

Motion adopted. All members voting yea.
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18. RESOLUTION NO. 7813-03 – AN EMERGENCY RESOLUTION authorizing and directing the Director of the Department of Human Services, on behalf of the City, to enter into an Agreement with the Cuyahoga County Board of Health to accept and expend funds for the support of a public health nurse position in the amount of $13,900. (Pg. 35)

Motion by Ms. Roth, seconded by Mr. George to adopt Resolution No. 7813-03.
Motion adopted. All members voting yea.
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19. Communication from Public Works Director Boag regarding ODOT Sign Replacement Program: Clifton Boulevard. (Pg. 37)

Motion by Mr. Seelie, seconded by Mr. George, to receive and file the communication.
Motion adopted. All members voting yea.
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20. ORDINANCE NO. 67-03 – AN EMERGENCY ORDINANCE authorizing the Mayor, on behalf of the City of Lakewood, to enter into agreements with the Ohio Department of Transportation providing for the replacement of a sign installation on Clifton Boulevard in the City of Lakewood. (Pg. 38)

Motion by Mr. Seelie, seconded by Mr. George, to suspend the rules requiring this ordinance be read on three separate days and placing Ordinance No. 67-03 on final reading.

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

Motion by Mr. Seelie, seconded by Mr. George, to adopt Ordinance No. 67-03

Ms. Roth said she wanted to verify the ordinance would not impact the City’s budget, that this was an ODOT project.

Public Works Director Boag responded that this was at not cost to the City.

Yeas: Corrigan, Dever, Dunn, FitzGerald, George, Roth, Seelie,
Nays: None
Motion adopted.

Meeting adjourned 9:20 PM.

Approved:________________________ ___________________________
PRESIDENT

____________________________
CLERK