Regular Council Meeting Minutes from November 22, 2016
EASTLAKE CITY COUNCIL
REGULAR COUNCIL MEETING MINUTES
NOVEMBER 22, 2016
The Regular Meeting of the Eastlake City Council was held at Eastlake City Hall, 35150 Lakeshore Boulevard. The Meeting was called to order by Council Vice President Mr. Hoefle at approximately 7:05 p.m.
The Pledge of Allegiance was recited.
ATTENDEES
Members of Council in attendance were Mr. Zuren, Mr. Meyers, Mr. Kasunick, Mr. Spotton, Mr. Evers and Mr. Hoefle. Also in attendance was Council Clerk Mrs. Simons. Council President Ms. DePledge was absent and excused.
Those attending from the Administration were Mayor Morley, Fire Chief Whittington, CBO Menn, Service Director Rubertino, Finance Director Schindel and Law Director Klammer. Police Chief Reik and City Engineer Gwydir where absent and excused.
Mr. Hoefle: If anyone is recording this meeting as courtesy to the public will you please identify yourself so that the fellow attendees know that they are being recorded.
Chris Krajnyak
APPROVAL OF MINUTES
Regular Council Meeting –October 25, 2016 and November 1, 2016.
MOTION: Mr. Evers moved to approve the minutes of the Regular Council Meeting October 25, 2016. Mr. Zuren seconded.
ROLL CALL: Yeas unanimous.
Motion carried. The minutes were approved.
MOTION: Mr. Evers moved to approve the minutes of the Regular Council Meeting November 1, 2016. Mr. Spotton seconded.
ROLL CALL: Yeas unanimous.
Motion carried. The minutes were approved.
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COUNCIL PRESIDENT’S REPORT – Vice President Mr. Hoefle
Meetings Scheduled
Mr. Hoefle: The next Council-as-a-Whole Committee Meeting is scheduled for Tuesday, December 13, 2016 at 7:00 p.m. The Regular Council meeting will be convened immediately following the adjournment of the Council-as-a-Whole Committee meeting. Due to the holidays a motion will be made to reschedule the December 27, 2016 meeting to Tuesday, December 20, 2016. Mr. Kasunick you will do that Motion during the Committee Report?
Mr. Kasunick: Yes.
COMMUNICATIONS & PETITIONS
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A communication from The Walter Drane Company regarding the November 2016 Codified Ordinances replacement pages.
Mr. Hoefle: This was discussed in Council-As-A-Whole and will be added to this evening’s agenda.
2. A communication from CBO Menn for the issuance of a Conditional Use Permit to Marc Seaman, d/b/a The Gun Shack.
Mr. Hoefle: This was discussed in Council-As-A-Whole and will be added to this evening’s agenda.
3. A communication from Finance Director Schindel certifying that there are unpaid bills owed to the City of Eastlake.
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Mr. Hoefle: This was discussed in Council-As-A-Whole and will be added to this evening’s agenda.
4. A communication from Finance Director Schindel to reappropriate for the expenses for the period beginning January 1, 2016 and ending December 31, 2016.
Mr. Hoefle: This was discussed in Council-As-A-Whole and will be added to this evening’s agenda.
5. A liquor license request from Geetashiven Spirits Inc, d/b/a Discount Tobacco & Beverage, 34722 Vine Street, Eastlake.
Mr. Hoefle: This was discussed in Council-As-A-Whole and will be added to this evening’s agenda.
COMMITTEE REPORTS
Mr. Hoefle: No Committee Meetings were held.
Port Authority- Jason Kasunick-Liaison:
Mr. Kasunick: The Port Authority Meeting took place on November 17th and we discussed the park planning by the public boat ramp. The wheels are in motion and the City of Willoughby is working on transferring a portion of that land over to us. The Chagrin Water Shed Partners has already filed an application for a grant with the Cleveland Foundation. We should know whether we will receive that by the end of December. We are also working on a grant application for land acquisition on Admiral Drive, which will open a portion of land to the public. The long term goals for that include public walk ways and perhaps an observation deck. With that I am open for questions.
There were no further questions of Mr. Kasunick.
ECDC- Michael Zuren
Mr. Zuren: Thank you Councilman Hoefle. We had an ECDC Committee Meeting today at 5:30 p.m. here at City Hall. We discussed various outreach avenues for our local business. One of the discussion points was a “Taste of Eastlake”, which would be an event with our local restaurants. This would be a joint venture with the Helping Hands Group. The idea is to show off our local restaurants and to try and get residents to patronize our local restaurants instead of leaving the city. It is a work in process and we are hoping to do something in January on this particular event. We also had a discussion of a job fair for local business. We are going to reach out to Bryant and Stratton and Lakeland Community College to have a job fair in January for our local business. That way they could meet and talk to people who will be graduating from the local colleges. We have an event and there are some flyers that are out and it is a co-sponsored event with Western Lake County Chamber of Commerce. It is for business promotion and it is inviting all Eastlake business to help them promote themselves. With that I am open for questions.
There were no further questions of Mr. Zuren.
MOTION
MOTION: Mr. Meyers moved to add Legislation No. 11-22-(01) to this evenings agenda an Ordinance to revise the Codified Ordinances by adopting current replacement pages. Mr. Spotton Second.
ROLL CALL: Yeas unanimous.
Motion carried Legislation No. 11-22-(01) is added to this evening’s agenda.
MOTION: Mr. Spotton moved to add Legislation No. 11-22-(02) to this evenings agenda an Ordinance authorizing the issuance of a Conditional Use Permit for a Gun Smith to Marc Seaman, d/b/a The Gun Shack, 860 Cove Court, Eastlake, Ohio. Mr. Zuren Second.
ROLL CALL: Yeas unanimous.
Motion carried Legislation No. 11-22-(02) is added to this evening’s agenda.
MOTION: Mr. Evers moved to add Legislation No. 11-22-(03) to this evenings agenda a Resolution certifying that there are unpaid bills owed to the City of Eastlake, and authorizing and directing the Lake County Auditor to place these bills on the tax duplicate for collection of payment. Mr. Meyers Second.
ROLL CALL: Yeas unanimous.
Motion carried Legislation No. 11-22-(03) is added to this evening’s agenda.
MOTION: Mr. Evers moved to add Legislation No. 11-22-(04) to this evenings agenda an Ordinance to reappropriate for the expenses of the City of Eastlake, State of Ohio, for the period beginning January 1, 2016 and ending December 31, 2016. Mr. Spotton Second.
ROLL CALL: Yeas unanimous.
Motion carried Legislation No. 11-22-(04) is added to this evening’s agenda.
MOTION: Mr. Spotton moved to approve and send back to Columbus, Ohio with no objections the liquor license permit request from Geetashiven Spirits Inc., d/b/a Discount Tobacco & Beverage, 34722 Vine Street Eastlake, OH. Mr. Evers Second.
ROLL CALL: Yeas unanimous.
Motion carried.
MOTION: Mr. Kasunick moved, pursuant to City of Eastlake Ordinance 111.01 “Rules of Council” to re-schedule the Tuesday, December 27, 2016 Council-as-a-Whole Committee Meeting and the Regular Council Meeting to Tuesday, December 20, 2016, with the Council-as-a-Whole Meeting being scheduled for 7:00 p.m. and the Regular Council Meeting to immediately follow the adjournment of the Council-as-a-Whole Committee Meeting. Mr. Evers Second.
ROLL CALL: Yeas unanimous.
Motion carried.
RECOGNITION OF THE PUBLIC
Mr. Hoefle recognized the public input at this time; he reminded the speakers that there is a 3-minute limit for their comments; all comments are to be directed to the Chair and not include any personalities or individuals.
Jean Pelton, 305 Woodstock Rd., Eastlake, Ohio
Mrs. Pelton: My husband and I moved here in 1975 and to be honest with you we love our city. When I retired we were trying to decide what we could do to serve the public and wanted to make sure that whatever we did helped children. I wanted to introduce you to what I think is Eastlake’s newest not-for-profit organization which is called “All Choices Matter.” It was established to help children from fifth to twelfth grade deal with some of the social issues that are so pervasive and they seem to be increasing rather than decreasing. Helping teacher’s with curriculum to address these issues and provide information for parents as well so that they can have a dialog with their children at home. We are preparing short videos and trying to use the culture of the kids who don’t want to be lectured but they would watch YouTube in a second. We are doing short videos and we are writing a curriculum so that the teachers can show these videos either before or after class and assign them as homework to begin a dialog in school. We’ve talked to many teachers and my husband is a retired teacher and we have that outlet…administrators and I think that we are beginning to solve an issue. We are addressing things like drug abuse, stress management for children, bulling, and cyber safety. We are also addressing things like perseverance, gratitude and integrity. We even have a short video on how to shake someone’s hand. Things the children will need as they grow into adulthood. I just wanted to introduce you to our organization. I have information and what I am hoping was that as you hear about us through word of mouth that you will be able to say yes that you know about us. And that you think that we have a good heart and that we are trying to establish something for the good of our community and our children. If you know of anybody in the community that wants to help kids either by supporting us financially, helping us to write a curriculum, helping us to do video tapes, or to volunteer to do some videos to address some of these issues as experts that you will contact me. Then we will contact these people and make our program sustainable and worthwhile.
Todd Vogler, 560 Howells Ct., Eastlake, Ohio
Mr. Vogler: Good evening and I appreciate your time. I am kind of curious to know…I presented some information to council explaining the ongoing problem or a growing problem that I’ve noticed with this community as well as others that I have interacted with. ODNR came in and they explained that yes this is a growing problem in Northeast Ohio especially with municipalities in our area. I would like to know what the status is on allowing deer hunting in the city and if there is anything that I can do to help forward this to its natural conclusion or its logical conclusion of allowing permitted deer hunting within the city, which would be regulated around the corner stone of safety. Those are my questions.
Mr. Hoefle: The information that we have from our committee meeting, the ODNR packets along with our current ordinance…I have all of that information and it is being turned over to our Law Director. Our Law Director will be drafting up an ordinance to reference that. Mr. Klammer would you like to comment on that?
Mr. Klammer: We talked as recently as last week. I and Councilman Hoefle about the status of that and all the candidates have reminded me that I need to move on it as well. I thought that there was going to be a contentious at some point that it was going to force me to move forward. He has provided me a lot of information and at this point it will be on my to do list.
Mr. Vogler: When would the wording of that ordinance be presented?
Mr. Klammer: I don’t know do you have it set for another committee meeting? If you set it for a committee meeting that gives me a bench mark of….
Mr. Hoefle: As far as an Ordinance Committee Meeting with the holiday’s and everything…we have a couple of other things that we are looking at putting into ordinance and that won’t be until the first of the year.
Mr. Klammer: That is what I would have guessed if I had to guess.
Mr. Vogler: Okay so we are looking at the first of the year for the first draft is it? Or that the final draft would be presented to council?
Mr. Klammer: What we usually do is that I will prepare a draft if it is something that I think needs some input from somebody I would usually go to the Committee Chair. The Committee Chair and maybe the Council Clerk and the Mayor if it needed to be tweaked otherwise I use my judgment at what I think is the best. That would be the first draft that is presented and would I suspect in something like this that there would be a lot of comment back from everybody on the committee and possibly the Mayor, depending on his position on it.
Mr. Vogler: I’m kind of curious to know the wording, because at the last Council Meeting it seemed to me that we were deviating from what ODNR had suggested. It didn’t seem like a logical progression based upon what evidence was presented from me and ODNR, which was the closest thing that we had to an expert in the room. I was kind of curious about the wording.
Mr. Klammer: All that I can tell you is that I will incorporate all of those things. Ultimately its council’s determination on what they want to do with regards to the city. We had considerable debate on how we wanted to address harboring of bees. We have considerable debate on all of these things. ODNR is just one group that has an opinion and we will take it accordingly.
Mr. Vogler: Good enough.
Mr. Klammer: Right now it’s not their fault it was me if that helps.
Mr. Vogler: Thank you for your time.
Mr. Klammer: No problem.
There was no one else who wished to speak.
LEGISLATION PROPOSED – First number will be 2016-054
11-22-(01) ORDINANCE NO.:____________
Requested by: Clerk of Council
Sponsored by: Council
An Ordinance to revise the Codified Ordinances by adopting current replacement pages, and declaring an emergency.
MOTION: Mr. Meyers moved to suspend the rules requiring separate readings and reading in full. Mr. Evers second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Meyers moved to adopt. Mr. Evers second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2016-054.
11-22-(02) ORDINANCE NO.: ___________
Requested by: Planning Commission
Sponsored by: Planning Committee
An Ordinance authorizing the issuance of a Conditional Use Permit for a Gun Smith to Marc Seaman, d/b/a The Gun Shack, 860 Cove Court, Eastlake, Ohio, and declaring an emergency.
MOTION: Mr. Spotton moved to suspend the rules requiring separate readings and reading in full. Mr. Zuren second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Spotton moved to adopt. Mr. Zuren second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2016-055.
11-22-(03) RESOLUTION NO.:_______________
Requested by: Finance Director Ms. Schindel
Sponsored by: Finance Committee
A Resolution certifying that there are unpaid bills owed to the City of Eastlake, and authorizing and directing the Lake County Auditor to place these bills on the tax duplicate for collection of payment, and declaring an emergency.
MOTION: Mr. Evers moved to suspend the rules requiring separate readings and reading in full. Mr. Meyers second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Evers moved to adopt. Mr. Meyers second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2016-056.
11-22-(04) Ordinance No.:___________
Requested by: Finance Director Schindel
Sponsored by: Finance Committee
An Ordinance to reappropriate for the expenses of the City of Eastlake, State of Ohio, for the period beginning January 1, 2016 and ending December 31, 2016, and declaring an emergency.
MOTION: Mr. Evers moved to suspend the rules requiring separate readings and reading in full. Mr. Spotton second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Evers moved to adopt. Mr. Spotton second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2016-057.
LEGISLATION PENDING: (Placed on First Reading on November 1, 2016)
11-01-(03) RESOLUTION NO.: ____________
Requested by: Finance Director Schindel
Sponsored by: Finance Committee
A Resolution Declaring It Necessary to renew an existing 1.8-Mill Tax Levy for the purpose of providing funds for current operating expenses and requesting the Lake County Auditor to certify the total current tax valuation of the City and the dollar amount of revenue that would be generated by that Renewal Levy, and declaring an emergency.
Mr. Hoefle: This is Placed on Second Reading.
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
There was no New Business.
ADMINISTRATIVE REPORTS:
MAYOR/SAFETY DIRECTOR – Dennis Morley
Mayor Morley: Thank you Mr. Hoefle and welcome everyone to this evenings meeting. First of all I would like to thank the Finance Department for having a clean audit for 2015. We are looking forward to our audit for 2016 and to have a clean audit for 2016. Since the passing of the two and a half percent income tax in the City of Cleveland Ms. Schindel and I have been looking at alternatives on a levy or income tax that we would look at in the May Levy. Also with the renewal…so Ms. Schindel was doing some research to see what it would still pull in. From our end obviously the people that live in the City of Eastlake and work in Cleveland it would be positive for them and it wouldn’t affect them. So we are trying to find out what the numbers are on that. We were also looking at the Safety Levy that we had talked about. I know that we have to have something in by February 1st and we will continue to work on that. We’ve been getting calls about the yard waste and I got in contact with Republic Services…yard waste will be continued through December 16th on your regular pick up days for garbage. So if your pick up is on Monday, December 12th …but it goes till December 16th. The Woman’s Club and EPAL are having an evening with Santa on Sunday, November 27 from 6:00 p.m. to 8:00 p.m. at the Community Center. Mr. Menn, Ms. Schindel and myself have been meeting with developers over the last few weeks…there is nothing really to talk about yet. A couple of them have asked us to keep it with us for now, because they are trying to go through some growing pains and some things that they need to do with their companies. The way that it is looking it would be great if all of these companies that we meet with come to the city next year and we would have some good buildings going up. The schools will be building next year and with these four or five groups that we’ve meet with so far it would be pretty decent for the city. Keep your fingers crossed and I will keep you updated as we can talk to you about some of these issues. Thank you for going to the auditor…those that we talk about what we audit with the bills they are all property maintenance issues. When we have to send people out to cut grass and clean up yards it is about $13,000.00 that we have to pay up front. It goes on their tax bill and hopefully when titles transfer or they pay their taxes then we get reimbursed. That concludes my report and I am open for questions. I wish everyone a Happy Thanksgiving.
Mr. Hoefle: Mayor I noticed that across from the Radisson they are clearing some land over there…
Mayor Morley: ENPRESS is expanding. We’ve gone through the Planning Commission and they are working with Mr. Menn to build a 27,000 square foot…
Mr. Menn: 24,000 – 27,000…
Mayor Morley: A 24,000 – 27,000 square foot addition to what they already have.
There were no further questions of Mayor Morley
FIRE CHIEF – Ted Whittington
Chief Whittington had no report this evening.
There were no further questions of Chief Whittington.
POLICE CHIEF – Larry Reik
Chief Reik was absent and excused.
There were no further questions of Chief Reik.
CHIEF BUILDING OFFICIAL – David Menn
Mr. Menn had no report this evening.
There were no questions of Mr. Menn.
SERVICE DIRECTOR – Nick Rubertino
Mr. Rubertino had no report this evening.
There were no further questions of Mr. Rubertino.
CITY ENGINEER – Tom Gwydir
Mr. Gwydir was absent and excused.
There were no questions of Mr. Gwydir.
FINANCE DIRECTOR – Carol-Ann Schindel
Ms. Schindel had no report this evening.
There were no questions of Ms. Schindel.
LAW DIRECTOR – Randy Klammer
Mr. Klammer: I was going to report on the status of the deer ordinance but we already did that. I just wanted to make two complements. That End Press is really a significant accomplishment. I know that you guys know that but I just wanted to remind the public. A lot of that is because of Mr. Menn and his department. He got with them a few different times to make sure…and CT as well. To give credit to the Chief’s and to Ms. Schindel…in addition to everything else that they do every day we are working on a series of public records requests that we get pretty regularly from a certain group. We were able to narrow down one of the public records requests might be some 20,000 entries that we might need to go through. That is just one public records request that the Chief’s and ultimately Ms. Schindel get on a regular basis when they are trying to do their other jobs they have to do that too. I complement both of the Chief’s and Ms. Schindel. I just wanted you guys to be aware of what is going on behind the senses. That concludes my report and I am open for questions.
There were no questions of Mr. Klammer.
ADJOURNMENT
The meeting was adjourned at approximately 7:33 p.m.
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KEN HOEFLE, COUNCIL VICE PRESIDENT
APPROVED: ______________________
ATTEST: ______________________________________
TRACY M. SIMONS, CLERK OF COUNCIL