EASTLAKE CITY COUNCIL

REGULAR COUNCIL MEETING MINUTES

June 28, 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 7:03 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 Mayor Morley, Fire Chief Whittington, CBO Menn, Service Director Rubertino, City Engineer Gwydir and Finance Director Schindel. Police Chief Reik and Law Director Klammer were absent and excused.

 

Ms. DePledge: If anyone is recording this meeting as courtesy to the public will you please identify yourself so that the fellow attendees know that it is being recorded.

 

Angelo Trivisonno

 

Ms. DePledge: Mr. Trivisonno is recording both audio and video so be advised that your statements will be recorded not only by City Council but by a member of the public.

 

APPROVAL OF MINUTES

Regular Council Meeting –June 14, 2016.

MOTION: Mr. Evers moved to approve the minutes of the Regular Council Meeting June 14 2016. Mr. Hoefle 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: The next Council-as-a-Whole Committee Meeting is scheduled for Tuesday, July 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.

 

COMMUNICATIONS & PETITIONS

 

COMMITTEE REPORTS

Ms. DePledge: There were no Committee Meetings held. Is there anyone from Council wishing to address the chair?

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.

Mary Hawkins, 37811 Lakeshore Blvd., Eastlake

Mrs. Hawkins: I spoke to you at the last meeting and I did a disclaimer then and I will repeat the disclaimer now. I am representing myself and my neighbors not necessarily my husband, who is the Eastlake City Prosecutor. And not the Lacrosse team of which he and I have founded. I asked for help at the previous meeting and I met with several people after the meeting, but I still don’t have any real answers to my problem. There is a house in our community and it is at 37825 Lakeshore Boulevard. It is zoned as a single family home. The owner is renting the shed, the attic and the house. Since our last meeting we found out that he is renting the house and it is listed on airbnb at $145.00 a night, two nights minimum and eight people maximum. On the weekend of June 11^th we counted twenty-two people and eight cars. I have talked it over with the owner who lives in a very upscale neighborhood outside of Akron. I am sure that he would not tolerate this in his neighborhood. He agreed to change the listing to $990.00 a night, but he already has most of the summer dedicated to rentals. So far we have had three groups renting the house and there are six more that are scheduled, which is practically the whole summer. They are renting it out for two or three nights a week on a weekly basis. Sometimes there is one person, sometimes there are three people or sometimes it will be eight people. We were told that there is a long term rental that will be in effect on August 15^th. The woman that I talked to in the Building Department, because I really haven’t heard from anybody since the meeting two weeks ago, she seemed to think that was okay. Because it is a long term rental that is starting on August 15^th that everything is fine. I am getting text messages from my neighbor’s at 6:30 in the morning and I am getting phone calls from my neighbor’s at 7:00 in the morning. I am having my neighbor’s visiting me at 9:30 at night. That is not a complaint these are my neighbor’s, my friends, and these are people that I have lived with literally for decades. I am just trying to relay to you how important this is in our little corner of Eastlake. Even with the long term rental at 37825 Lakeshore Boulevard how can that be legal? How can they rent the shed, the attic and the house? I am really concerned because I really haven’t seen the city do much about it. What does it mean to be a single family home? Why isn’t the City enforcing that this is a single family home and that it cannot be rented out to three people? I have been doing my own research and again when I was here a couple of weeks ago I told you that I never give up well I never give up. I did find a code 1385.17 (b) and it might be in violation of this. That code is specifically for multi-family units. Every dwelling unit shall have two adequate, safe, unobstructed means of egress leading to safe and open space, without passage through another dwelling unit or rooming unit. I don’t believe that the shed or the attic have two exists. My whole point is and I don’t know if that helps the city in enforcing this or if it doesn’t, but why I am here and why I am representing the neighbor’s is that we want to know. Why do we have to put up with multi-rentals on a daily and weekly basis in a single family residential property? I am asking for your help just tell me where I need to go, what I need to do and how to resolve this problem? It is a real problem for us.

Ms. DePledge: Thank you.

Mrs. Hawkins: I sincerely do thank all of you. I am not trying to be difficult.

Ms. DePledge: I know that our Chief Building Official went out there. The Mayor sent me an email and I am going to let the Mayor address you.

Mayor Morley: I am going to have the Law Director and the Prosecutor sit down with the CBO Menn again. They sat down and they… come up with anything yet so we are waiting for some direction from Mr. Klammer and then we will move forward. Mr. Menn can look at the ordinances that you have stated. I know that Mr. Menn has sat down with the Prosecutor and the Law Director and at this point…has not found where we can pursue some things.

Mrs. Hawkins: That is why I suggested 1385.17 (b) even though it specifically says multi-family units.

Mayor Morley: When Mr. Klammer returns we will have him sit down with Mr. Menn again and go from there. We are still looking at it and we are just….

Mrs. Hawkins: So you suggest that I sit down with the prosecutor?

Ms. DePledge: The issue hasn’t been dropped we are still working on it. They are still working on it. 

Mayor Morley: They are working on it and they know my issues with the law. It takes a long time to get some answers.

Mrs. Hawkins: I don’t think that you guys knew about the airbnb renting….

Ms. DePledge: We didn’t know but we do now.

Mayor Morley: I talked to the gentleman who owns the home and he told me about the long term rental. I have talked to Mr. Menn and the Law Director. When Mr. Klammer gets back into town I will have them sit down again to see if there is anything that we can pursue. That is what we are waiting on actually.

Mrs. Hawkins: Can somebody just tell me what it means that I live in a zoned single family residential property. What does that mean?

Ms. DePledge: I think that is a question that is going to have to be answered by the Law Director. I think that your question is self explanatory. We all know what a single family area is and we know the problem.

Mrs. Hawkins: Then why are three different people renting it?

Ms. DePledge: We know the problem that you are having. We are investigating it and we’re looking into it. We agree with you certainly I agree with you that it shouldn’t be a rental property. It doesn’t appear to be and it should not be a multi-dwelling unit. 

Mrs. Hawkins: So people at City Hall are still pursuing it? The response that I got was well it’s going to be a long term rental on August 15^th so everything is fine.

Ms. DePledge: We are still looking into it.

Mayor Morley: There are rentals throughout our city. Are you asking…?

Mrs. Hawkins: Do they have a shed and an attic?

Mayor Morley: That is not what we are saying.

Mrs. Hawkins: That’s what I’m saying.

Mayor Morley: We are continuing to investigate that. 

Mrs. Hawkins: Thank you. 

Gail Linda Kopp, 37821 Lakeshore Blvd., Eastlake

Ms. Kopp: I live right next door to these people. I just can’t believe that we are pursuing this, because I think that it is a cut and dry case. When I built my house I was told…I have a coach house on the property. I was told that you could not rent. That was a stipulation and in fact I don’t know if it was the building inspector, but they wanted me to take the bathrooms out of the coach house. So that I couldn’t rent and I said that you have my word. It is a single family home. What in God’s name is going on here? You have people that are in and out of there at all hours. There is a priest and I respect that, but he runs a counseling center out of there. There are all kinds of transient people coming in and out at all hours. They have knocked on my door, because they think that’s where the priest lives. I send them next door. It is really important for me to be safe. I am hoping that Eastlake is a safe community. To me it isn’t right now. You don’t even know who’s there for the weekend or who is going to be there the next day. Put yourself in these shoes. You can come and live in my house and I will go live in your house. Then you can put up with the aggravation. Right now I don’t know who’s living there. We leave our windows closed and our doors locked, because I am paranoid to be in my own house anymore.

Ms. DePledge: We understand your concerns.

Ms. Kopp: Mrs. Hawkins filled me in…yeah understand but do something. Somebody has to do something. It doesn’t take days and days. All you have to do is look at stuff. You have a priest living in an attic and a woman living in a shed. Then you have people coming in and out it’s an airbnb.

Ms. DePledge: We heard you two weeks ago and we hear you tonight.

Ms. Kopp: We will be here until something gets resolved. It’s like a motel. How would you like a motel next door to you? People are coming and going, doing whatever, and walking on your property.

Ms. DePledge: Ms. Kopp we hear you and we understand your concerns. We really do.

Ms. Kopp: I am really scared.

Ms. DePledge: I understand that. We are looking into it. The Mayor, CBO Menn and the Law Director are looking into it. Whatever we can do within the bounds of the law that we are permitted to do I am sure that we will do that.

Ms. Kopp: I think that I talked to the building inspector when this happened. This was back in March. I said that something is going on next door and it doesn’t look right. I am glad that they…

Ms. DePledge: You brought it to our attention and we are investigating it and we will do what we can within the bounds of the law and with what our Law Director permits us to do.

Ms. Kopp: I hope that we don’t have to come back here and repeat ourselves.

Ms. DePledge: I hope not.

Ms. Kopp: Thank you very much.

Jessica Trivisonno, 34186 Waldmere Dr., Eastlake

Mrs. Trivisonno: I was just looking at an advanced copy of the Eastlake Gazette. In one of the reports somebody brought up the ACL lease and wrote that two of the softball fields will remain after the ACL lease. I was just hoping that somebody could inform me as to where the two remaining softball diamonds are located?

Mr. Evers: All those diamonds that will remain are on Willoughby-Eastlake School property and they are not in Central Park.

Mayor Morley: Well let’s not say that because field three is the cities and that will remain.

Mrs. Trivisonno: In whole or in part?

Mayor Morley: In whole.

Mrs. Trivisonno: Okay thank you.

Mayor Morley: You’re welcome.

Ms. DePledge: The article that you are referring to is mine. It is my understanding that there will still be baseball diamonds available for the public to use. That was the purpose of that article. Not to insinuate that it was only on Eastlake property that the fields were available. There would still be fields available for people to use. It’s a green space and it’s an open space. It is open to the public and it will always be open to the public.   

There was no one else who wished to speak.

 

LEGISLATION PROPOSED – First number will be 2016-034

There was no Legislation Proposed.

 

LEGISLATION PENDING (Placed on First Reading on June 14, 2016)

06-14-(05)                                           ORDINANCE NO.:________

An Ordinance amending City of Eastlake Ordinance Section 1385.99 “Penalty”, and declaring an emergency.

MOTION: Mr. Kasunick moved to suspend the rules requiring separate readings and reading in full. Mr. Hoefle second.

ROLL CALL: Yeas unanimous.

MOTION: Mr. Kasunick moved to adopt. Mr. Hoefle second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No. 2016-034.

 

06-14-(06)                                           ORDINANCE NO.:_______

An Ordinance amending City of Eastlake Ordinance Section 1387.99 “Penalty”, specifically Subsection (b) and declaring an emergency.

MOTION: Mr. Spotton moved to suspend the rules requiring separate readings and reading in full. Mr. Hoefle second.

ROLL CALL: Yeas unanimous.

MOTION: Mr. Spotton moved to adopt. Mr. Hoefle second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No. 2016-035.

 

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 Madam President. Welcome everyone to this evening’s meeting. I would like to thank the Eastlake Police Department, Chief Reik, Chief Whittington, Mrs. Hardy and Mrs. Snyder with Safety Town. It was a great success and we had sixty people that graduated. It was a fun filled week for all and they learned a lot about safety. Friday, July 1^st is Eastlake Appreciation Day and it will be held at the stadium. You can purchase tickets at the stadium for $2.00 a piece. At this point in time there have been ninety tickets sold. They are hoping that more people will want to get involved and go to the Captain’s Stadium. On July 4^th is when we will have our fireworks with the City of Willowick and the City of Wickliffe and it will be at Classic Park. The gates will open at 7:00 p.m. and the fireworks will go off at around 10:00 p.m. The Eastlake Historical Society and the Lake County Historical Society have been working with the Captain’s and starting in the next few weeks at the old Visitors Bureau, there will be a wing of the Historical Society. There will be things about sports from Lake County, along with a couple of things that we have here and some things from the Captain’s. It will be free at the Visitor’s Bureau during the Captain’s games. I met with a person yesterday at Mayor’s and Manager’s about the deep population. I sent everyone the email. Once we get another ordinance meeting set up the gentleman from the state will come in and talk about deer management. I sent everyone an email about a seminar for August 22^nd. It is free if anyone wants to attend on that day. It is Mayor’s and Manager’s on that day but we are trying to work it out so that maybe other people other than just Mayor’s and Manager’s will be there. We are continuing to do the catch basins and the roads. We have been working on some economic development. They have had a few people go through the old Wal-Mart building. Again everything that is out there right now is just rumors. No one has signed a lease, but they are working on that. Once I get some more information… we are looking at demolishing the old Eastlake Seniors Center that is off of Curtis Boulevard. We believe that if we demolish that and we go to a realtor and put it out for a bid to maybe sell that land. We will get some appraisals on it. The cost would go through the Lake County Land Bank. I have been working with state representative Mr. Rogers on it along with Mr. Gwydir from CT Consultants. We have a ways to go before I present anything to you, but that is something that we are looking at. That concludes my report and I am open for questions.

 

There were no further questions of Mayor Morley

 

FIRE CHIEF – Ted Whittington

Chief Whittington had nothing to 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 nothing to report this evening.

There were no questions of Mr. Menn.

 

SERVICE DIRECTOR – Nick Rubertino

Mr. Rubertino had nothing to report this evening.

There were no further questions of Mr. Rubertino. 

 

CITY ENGINEER – Tom Gwydir

Mr. Gwydir had nothing to report this evening.  

There were no questions of Mr. Gwydir.

 

FINANCE DIRECTOR – Carol-Ann Schindel

Mrs. Schindel had nothing to report this evening.

There were no questions of Mrs. Schindel.

 

LAW DIRECTOR – Randy Klammer

Mr. Klammer was absent and excused.

There were no questions of Mr. Klammer.

 

ADJOURNMENT

The meeting was adjourned at approximately 7:­­23 p.m.
 

           ­­­­­­­­­­                                                         __________________________________________

                                                                                   LAURA A. DEPLEDGE, COUNCIL PRESIDENT

APPROVED: ______________________

 

 

ATTEST: ______________________________________

                 TRACY M. SIMONS, CLERK OF COUNCIL