Regualr Council Meeting Minutes from March 22, 2016
EASTLAKE CITY COUNCIL
REGULAR COUNCIL MEETING MINUTES
March 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 President Ms. DePledge at approximately 7:29 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, Mr. Hoefle and Council President Ms. DePledge. Also in attendance was Council Clerk Mrs. Simons.
Those attending from the Administration were Police Chief Reik, CBO Menn, City Engineer Gwydir, Finance Director Schindel and Law Director Klammer. Mayor Morley, Fire Chief Whittington and Service Director Rubertino were absent and excused.
APPROVAL OF MINUTES
Regular Council Meeting –March 8, 2016.
MOTION: Mr. Hoefle moved to approve the minutes of the Regular Council Meeting March 8, 2016. Mr. Evers seconded.
ROLL CALL: Yeas unanimous.
Motion carried. The minutes were approved.
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COUNCIL PRESIDENT’S REPORT – Ms. DePledge
Meetings Scheduled
Ms. DePledge: On behalf of City Council our deepest sympathies to the City of Willowick on the loss of their Mayor. Our thoughts are certainly with them at this difficult time. The next Council-as-a-Whole Committee Meeting is scheduled for Tuesday, April 12, 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. An Ordinance Committee Meeting will be held on March 30, 2016 at 6:00 p.m. Under Communications & Petitions we are also going to be holding a Finance Committee Meeting and we will discuss that once we get everything settled. This is just another reminder that the Boulevard of Flags Fundraiser is Friday, April 29, 2016 at 6:00 p.m. to 11:00 p.m. at the Patrician Party Center. Tickets are $35.00 apiece and they are available from Mayor Morley, Mr. Evers and Mr. Rydzinski who is our Sergeant-at-Arms. It is a great time and there are great prizes. Please come out and support the Boulevard of Flags and our Veterans.
COMMUNICATIONS & PETITIONS
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A communication from the Finance Director to enter into an Eleventh Amendment to the WPCC Joint Agreement with the City of Willoughby.
Ms. DePledge: This was discussed in Council-as-a-Whole Committee and will be added to the evening’s agenda.
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A communication from the Mayor to support and designate April 2016 as “National Autism Awareness Month” and April 2, 2016 as “World Autism Awareness Day”.
Ms. DePledge: This was discussed in Council-as-a-Whole Committee and will be added to the evening’s agenda.
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A communication from Police Chief Reik and from Fire Chief Whittington to engage in a discussion to develop and generate revenue and/or reduce expenses.
Ms. DePledge: This will be referred to the Finance Committee.
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A communication from Fire Chief Whittington to discuss deviations to permitting and to also restrict certain items and procedures in public events.
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Ms. DePledge: This will be referred to Ordinance Committee.
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A communication from City Engineer Gwydir on the Final Resolution for the City of Eastlake as the Legislative Authority/Local Public Agency or “LPA”.
Ms. DePledge: This was discussed in Council-as-a-Whole Committee and will be added to the evening’s agenda.
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A communication from City Engineer Gwydir for a Lot Purchase Agreement for the properties located at 33413 Lakeshore Blvd., Eastlake, Ohio, 44095, PP# 24-A-010-K-00-0090-0 and PP# 34-A-010-K-00-010-0 in the total amount of Three Hundred thousand Dollars ($300,000.00)
Ms. DePledge: This was discussed in Council-as-a-Whole Committee and will be added to the evening’s agenda.
COMMITTEE REPORTS
Ms. DePledge: There were no Committee Meetings held between this meeting and our last Regular Council Meeting. Is there any member of Council wishing to address the chair? Mr. Evers?
Mr. Evers: Thank you Madam Chair. I would like to schedule a Finance Committee Meeting for Tuesday, March 29, 2016 for 6:00 p.m. here at City Hall.
Ms. DePledge: I everyone ok with that? We will add that to our schedule and we will make sure that the posting will go out for that. Is there anybody else wishing…Mr. Hoefle?
Mr. Hoefle: I would also like to have an Ordinance Committee Meeting for that evening as well. We will be discussing the communication from Chief Whittington and Chief Reik.
Ms. DePledge: We will have a Finance Committee Meeting and an Ordinance Committee Meeting on Tuesday, March 29, 2016. They will follow each other. The first one will start at 6:00 p.m. and when that is concluded the next meeting will start. Just as a reminder there will be an Ordinance Committee Meeting on Wednesday, March 30, 2016 to discuss the Culling of the deer. Is there anyone else wishing to address…Mr. Kasunick?
Mr. Kasunick: In attending the Port Authority Meeting that was on March 9, 2016. The dredging of the river is set to start on May 10th. It is on or about that date which is normally when that happens. For those of you who live along the river, you are pretty familiar with the drill. If you are new in town or you aren’t sure what that is and if affects you please feel free to contact me. I will either answer your question or I will refer you to somebody who can.
Ms. DePledge: With that we will move on to our Motions.
MOTION:
Mr. Spotton moved to add Legislation No. 03-22-(01) to this evening’s agenda an Ordinance authorizing the Mayor and Director of Finance to enter into an Eleventh Amendment to the WPCC Joint Agreement with the City of Willoughby. Mr. Hoefle second.
Motion carried Legislation 03-22-(01) is added to this evening’s agenda.
Mr. Zuren moved to add Legislation No. 03-22-(02) to this evening’s agenda a Resolution supporting and designating April, 2016 as “National Autism Awareness Month” and April 2, 2016 as “World Autism Awareness Day” in the City of Eastlake. Mr. Meyers second.
Motion carried Legislation 03-22-(02) is added to this evening’s agenda.
Mr. Evers moved to add Legislation No. 03-22-(03) to this evenings agenda an Ordinance for the following Final Resolution enacted by the City of Eastlake, Ohio, hereinafter referred to as the Legislative Authority/Local Public Agency or “LPA”, in the matter of the stated described. Mr. Hoefle second.
Motion carried Legislation 03-22-(03) is added to this evening’s agenda.
Mr. Evers moved to add Legislation No. 03-22-(04) to this evenings agenda a Resolution authorizing the Mayor and director of Finance to enter into a Lot Purchase Agreement for the properties located at 33413 Lakeshore Blvd., Eastlake, OH 44095, PP# 24-A-010-K-00-0090-0 and PP# 34-A-010-K-00-010-0 in the total amount of Three Hundred Thousand Dollars ($300,000.00). Mr. Hoefle second.
Mr. Hoefle second. Motion carried Legislation 03-22-(04) is added to this evening’s agenda.
RECOGNITION OF THE PUBLIC
Ms. DePledge recognized the public input at this time; she 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.
Jessica Trivisonno, 34186 Waldmere Dr., Eastlake, Oh
Mrs. Trivisonno: Ohio Law requires a municipality to advertise for bids for five consecutive weeks in a local newspaper before leasing City owned real estate unless the City is leasing the real estate in accordance with the Urban Renewal Plan. Our City has not adopted an Urban Renewal Plan for the parcels that are affected by the lease that is between the City and the American Croatian Lodge. My question is why hasn’t the City advertised for bids the Central Park parcels?
Mr. Klammer: The City of Eastlake is a Charter Municipality, and it controls its own property. That is a general provision that you are referring to. We have the authority on any number of occasions to determine that if we want to lease or sell City property by ordinance that we just simply exempt ourselves from the generalities that don’t always apply to Charter Municipalities. And that is why.
Mrs. Trivisonno: Is there a reason why the City abided by this rule in 2000 for the Captain’s Lease?
Mr. Klammer: I do not remember that so I cannot answer that question.
Ron Constantino, 1368 Waverly Rd., Eastlake, Oh
Mr. Constantino: My question is to the Committee and my question is: Are you looking into any type of nuisance abatement ordinances and to upgrade our property maintenance ordinances?
Ms. DePledge: They are currently not on any agenda nor have they been raised with Council. Is there a particular nuisance or some sort of abatement that you are looking for?
Mr. Constantino: We do not have any.
Ms. DePledge: Mr. Klammer?
Mr. Klammer: We do. We have all sorts of property maintenance and nuisance abatements and ordinances. Unfortunately if you were to look it probably wouldn’t be very easy to find sometimes. I can answer those questions and so can the Chief Building Official. They address all sorts of things such as litter, rubbish and homes is disrepair. They cover just about anything and then at times the use itself may constitute a nuisance by being a zoning violation. There is a different set of zoning violations that are in there too. The quick answer is that we do have them so if I knew what specifically was the issue…I don’t want to speak for Mr. Menn but maybe he could touch on some things after the meeting if it is something specific. I would be happy to also but he knows them much better than I do.
Mr. Constantino: So there is nothing in the near future of looking at a nuisance abatement ordinance?
Mr. Klammer: We have nuisance abatement ordinances I don’t think that there is anything to look at.
CBO Menn: We do a lot of nuisance abatements.
Mr. Klammer: We do nuisance abatements on a regular basis. They have criminal penalties and we file criminal charges as well as pursuing the civil remedies of trying to encourage cooperation before filing criminal cases.
Mr. Constantino: I haven’t found any.
Mr. Klammer: I can point them out to you later if I can.
Ms. DePledge: They will get with you and answer any of your questions. This is a public meeting. It is recorded. If you have something specific that you need to address with either the Building Director or the Law Director, they will be happy to answer your questions.
Mr. Klammer: As luck would have I have the book in front of me. If you were to look in Part Thirteen of the Building Code in our ordinances you will find them in Title Five and Title Seven. You will find various provisions in there. You will see it in there.
Mr. Constantino: Thank you.
There was no one else who wished to speak.
LEGISLATION PROPOSED – First number will be 2016-012
03-22-(01) ORDINANCE NO.:___________
An Ordinance authorizing the Mayor and Director of Finance to enter into an Eleventh Amendment to the WPCC Joint Agreement with the City of Willoughby, and declaring an emergency.
MOTION: Mr. Spotton moved to suspend the rules requiring separate readings and reading in full. Mr. Evers second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Spotton moved to adopt. Mr. Evers second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2016-012.
03-22-(02) RESOLUTION NO.: ____________
A Resolution supporting and designating April, 2016 as “National Autism Awareness Month” and April 2, 2016 as “World Autism Awareness Day” in the City of Eastlake, and declaring an emergency.
MOTION: Mr. Zuren moved to suspend the rules requiring separate readings and reading in full. Mr. Meyers 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. 2016-013.
03-22-(03) ORDINANCE NO.:__________
The Final Resolution enacted by the City of Eastlake, Ohio, hereinafter referred to as the Legislative Authority/Local Public Agency or “LPA”, in the matter of the stated described, and declaring an emergency.
MOTION: Mr. Evers moved to suspend the rules requiring separate readings and reading in full. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Evers moved to adopt. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2016-014.
03-22-(04) RESOLUTION NO.:__________
A Resolution authorizing the Mayor and director of Finance to enter into a Lot Purchase Agreement for the properties located at33413 Lakeshore Blvd., Eastlake, OH 44095, PP# 24-A-010-K-00-0090-0 and PP# 34-A-010-K-00-010-0 in the total amount of three Hundred Thousand Dollars ($300,000.00), and declaring an emergency.
MOTION: Mr. Evers moved to suspend the rules requiring separate readings and reading in full. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
MOTION: Mr. Evers moved to adopt. Mr. Hoefle second.
ROLL CALL: Yeas unanimous.
Motion carried. Legislation is adopted as Resolution No. 2016-015.
LEGISLATION PENDING (Placed on First Reading on 03-08-2016)
03-08-(01) RESOLUTION NO.: ___________
A Resolution authorizing and directing the Mayor and Director of Finance to enter into a Lease Agreement between the City of Eastlake, (“Landlord” or “City”), an Ohio municipal corporation, whose address is 35150 Lakeshore Boulevard, Eastlake Ohio 44095, and the Board of Trustees of the American Croatian Lodge, Inc. (“Tenant” or “ACL”), an Ohio corporation operating in Lake County, Ohio, whose address is 34900 Lakeshore Boulevard, Eastlake Ohio 44095, individually referred to as “party” and collectively as “parties”, and declaring an emergency.
Ms. DePledge: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 was absent and excused
There were no further questions of Mayor Morley
FIRE CHIEF – Ted Whittington
Chief Whittington was absent and excused.
There were no further questions of Chief Whittington
POLICE CHIEF – Larry Reik
Chief Reik: We appreciate the time and I am sure that I am also speaking for Chief Whittington to allow us to use this facility to bring the families together to witness the promotions and for the employees of the year and such. We really appreciate the relationship that we have and we look forward to continuing it.
Ms. DePledge: It was a great turnout tonight and it was a very nice ceremony.
There were no further questions of Chief Reik.
CHIEF BUILDING OFFICIAL – David Menn
Mr. Menn: Just to let you know that there will be a BZA Meeting at 7:00 p.m. and there will a Planning Meeting on Thursday at 7:00 p.m.
There were no questions of Mr. Menn.
SERVICE DIRECTOR – Nick Rubertino
Mr. Rubertino was absent and excused.
There were no further questions of Mr. Rubertino.
CITY ENGINEER – Tom Gwydir
Mr. Gwydir: Thank you Madam President members of Council. First of all thank you very much for moving the legislation on the property forward as well as the LPA agreement. It will help with the paving outside. We appreciate very much you guys meeting the deadlines which are exceedingly tight. Willowick Drive will be starting up at the end of the month beginning of April with the slab repairs and also on Luanna Drive and the cul-du-sac area. As you can see around town, United Survey has been working diligently on cleaning and televising the storm sewers. That will be the preliminary for us to do the hydraulic analysis on the sewers. This will be to see if we can stop some of the flooding. With that I am open for questions.
There were no questions of Mr. Gwydir.
FINANCE DIRECTOR – Carol-Ann Schindel
Ms. Schindel had nothing to report this evening.
There were no questions of Ms. Schindel.
LAW DIRECTOR – Randy Klammer
Mr. Klammer: Thank you Madam President members of Council and Mayor. Congratulations to the Fire Fighters and good job to both of the Chiefs. Thank you for your patience because I was in trial all of last week and to allow me to catch up with that legislation. I hope that I was caught up.
Ms. DePledge: It was a group effort.
Mr. Klammer: That was probably some of the stuff that I was working on. There are no decisions thus far as I recall on the Strip Club litigation. We have the judgement against the Radisson and Mr. Mayhar. Now we have to decide what efforts we are going to try to take to collect on that to see if it is worthwhile or not. Other than that I am open for questions.
There were no questions of Mr. Klammer.
Mr. Evers: I would like to remind the public that with the cooperation of the City of Eastlake, Eastlake Police Department and with EPAL we are sponsoring and hosting Operation Street Smart. This is a drug training class which will be on Saturday, April 9, 2016 from noon to 4:00 p.m. If you are interested there are some brochures out on the desk in the Tundra. Please take a look at them and give us a call to reserve your seat.
Ms. DePledge: The Easter Egg Hunt that is sponsored by the Captain’s Club, City of Eastlake and EPAL will be held on this Saturday. The gates open at 10:30 a.m. If you have ever been there to see all of these kids running across the field it will start at 11:00 a.m., it is amazing. There will over 10,000 eggs. EPAL and their volunteers have worked very hard to stuff all of the eggs. It is really a sight to see. So even if you don’t have children, you can stand up in the concourse area and watch. With that I hope that you have a Happy Holiday and we will see you in two weeks.
ADJOURNMENT
The meeting was adjourned at approximately 7:53 p.m.
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LAURA A. DEPLEDGE, COUNCIL PRESIDENT
APPROVED: ______________________
ATTEST: ______________________________________
TRACY M. SIMONS, CLERK OF COUNCIL