City of Lyndhurst, Ohio City Council
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February 15, 2010: City Council
AGENDA:

 
Regular meeting of the Council of the City of Lyndhurst, Monday, February 15, 2010, at 8:00 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Monday, February 1, 2010.
 
Approve Minutes of the Regular Meeting of Council held Monday, February 1, 2010.
 
Committee Reports:
 
Mayor's Report
 
Finance Committee - Ward
 
Public Lands & Buildings Committee - Frey
 
Roads & Utilities Committee - Gambatese
 
Safety Committee - LoPresti
 
Service & Sewers Committee - Fisher
 
Legislative Committee - Ward
 
Planning Commission - Schlessel
 
Requests for additions to the Agenda:
 
Public Comment:
 
Ordinance NO. 2010-8
Introduced By: Admin
 
An Ordinance amending Ordinance NO. 2009-17 regarding Swimming Pool Admission fees.
 
Ordinance NO. 2010-9
Introduced By: ADMIN
 
An Ordinance disposing of Unclaimed Bicycles and Declaring an Emergency.
 
Ordinance NO. 2010-10
Introduced By: Admin
 
An Ordinance providing for the issuance and sale of $1,000,000 of Notes, in anticipation of the issuance of Bonds, to pay costs of improving streets by resurfacing, paving with concrete and making other improvements as designated in the plans approved or to be approved by council, and declaring an Emergency.
 
Confirm decision of the Board of Zoning Appeals:
 
Case NO. 2010-1
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2010-1 to DENY requested variance to Sally and Howard Ross of 5383 Golfway Lane, from Chapter 1160-05 (table) "rear yard setback," of the Planning and Zoning Code to allow a seventeen (17') foot rear yard variance to build a one story bedroom for an elderly parent.
 
TABLED ITEMS:
 
Ordinance NO. 2008-15
Introduced By: Admin
 
An Ordinance amending Section 660.05 of the Codified Ordinances of the city with regard to snow removal.
 
Ordinance NO. 2009-63
Introduced By: Vice Mayor Ward and Councilman Schlessel
 
An Ordinance amending Chapter 1160.04(a)(3) of the Codified Ordinances of the city entitled: "Parking of Recreational Vehicles", and declaring an Emergency.
 
Confirm decision of the Board of Zoning Appeals:
 
Case NO. 2009-05
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2009-05 to deny requested variance to JoAnna Michalos of 5116 Kneale Drive from Chapter 1160.04(a)(2) A & B of the Planning and Zoning Code to permit parking and/or storage of a commercial vehicle outside at any time in plain view. (Tabled 11-16-09)
 
February 15, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, February 15, 2010 at 8:02 P.M., Vice Mayor Joseph A. Marko, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Clerk of Council; D. St. John, Captain of Fire; J. C. Borton, Assistant Clerk of Council.
 
Absent: T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that reading of the minutes of the Special Meeting of Council held Monday, February 1, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Frey, seconded by Mr. Schlessel, that reading of the minutes of the Regular Meeting of Council held Monday, February 1, 2010, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
MAYOR'S REPORT - Mayor Cicero reported that the Engine 411 lost its fuel tank last Friday and that sixty gallons of diesel fuel spilled on to the road. He said the Chief is in the process of obtaining a price for a new fuel tank and that he is reviewing all maintenance logs for the vehicle. The Mayor learned from the Chief that this had occurred in other cities and notice was given to the Chiefs' Association to see if anyone else had a similar situation. He said he would keep Council updated.
 
Mayor Cicero said that the Northeast Ohio Regional Sewer District filed a lawsuit regarding the storm sewer maintenance fee that they would like to assess to residents and businesses in the community. He said that he felt the assessment was inappropriate and was going to work through the Court system to have Lyndhurst's voice heard in that regard.
 
FINANCE COMMITTEE - Chairman Ward had no report. Mr. Ward called a meeting of the Finance Committee to be held on Monday, February 22, 2010 to discuss the line item budget, beginning at 6:30 PM. Mr. Ward said he would be reviewing the line item budget with departments this week, and indicated that expenses and income are flat this year.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report. He noted that the formal report from the February 1st meeting had been distributed.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report, also noting that minutes from the February 1st meeting had been distributed.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
The meeting was opened to public comment. There were no comments.
 
Vice Mayor Marko introduced Mr. Terry Killeen, Manager of External Affairs for First Energy, who addressed Council relative to his role as the City's representative replacing Darlene Johnson. He said he had been employed by First Energy for twenty-one years and has extensive experience with field and management activities and said he is working on two items that were brought to his attention by the Mayor. He distributed his contact information and said he is available at any time to assist Council and the residents.
 
Mr. Marko announced that the Hillcrest Council of Councils would be meeting on February 27, 2010 at 9:00 A.M. at Landerhaven and the topic for discussion is Hillcrest Fire Department partnering. He encouraged those who wish to attend to RSVP by February 22nd. Mr. Ward added that he thought it would be good to have some representation because of the topic.
 
ORDINANCE NO. 2010-8
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING ORDINANCE NO. 2009-17 REGARDING SWIMMING POOL ADMISSION FEES.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-8 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-8 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-8 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-8 is passed.
 
ORDINANCE NO. 2010-9
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE DISPOSING OF UNCLAIMED BICYCLES AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-9 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-8 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2010-9 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-9 is passed.
 
ORDINANCE NO. 2010-10
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $1,000,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING STREETS BY RESURFACING, PAVING WITH CONCRETE AND MAKING OTHER IMPROVEMENTS AS DESIGNATED IN THE PLANS APPROVED OR TO BE APPROVED BY COUNCIL, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-10 be placed on second and third reading for final passage, and that it be highlighted, noting that the Fiscal Officer's Certificated had been distributed and received by all Members of Council.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-10 was highlighted by Mrs. Borton, with Section 16 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-10 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-10 is passed.
 
Confirm the decision of the Board of Zoning Appeals:
 
CASE NO. 2010-1
 
Recommendation is made to Council to confirm the decision of the Board in Case No. 2010-1 to DENY requested variance to Sally and Howard Ross of 5383 Golfway Lane, from Chapter 1160.05 (table) "rear yard setback," of the Planning and Zoning Code to allow a seventeen (17') foot rear yard variance to build a one story bedroom for an elderly parent.
 
The findings in Case No. 2010-1 as recorded in the minutes of the meeting of the Board of Zoning Appeals held February 8, 2010 were read by Mrs. Borton.
 
Mr. Howard Ross addressed Council relative to his request for variance. Also in attendance was Mr. Eli Mahler, Architect, who was recommended by the Building Department. Mr. Ross indicated that they have three options with regard to Sally Ross's mom; move her into assisted living, move her into their home or vacate their home and move out of the area. He said that they would not consider the first option. He felt that Mr. Mahler did an excellent job of matching the existing architecture of the home and making the addition invisible from the street. Mr. Ross said neighbors had no objections and provided written support for the project.
 
Mr. Ross indicated that the Board of Zoning Appeals attempted to modify Mr. Mahler's plans. He said that the original plan required a 17 foot variance and it had been modified to 14.5 feet and was extended wider so that the room is not going back so far. He distributed a revised drawing stating that the walk-in closet was eliminated and that the new plan inhibits the view from the kitchen, but felt it was livable.
 
Mr. Ward stated that he was present at the Board of Zoning Appeals meeting and there were a number of issues that they were dealing with. He said Mr. Warren wanted a 25 foot or greater rear yard instead of 23 foot rear yard. Mr. Warren indicated that there were 25 foot rear yards in the Meadow Wood area. Mr. Ward said the Building Department had no problem with that. Discussion continued.
 
In answer to Mr. Frey's question, Mr. Ward indicated that he had discussed the matter with the Board in further detail following the meeting. Mr. Ward stated that Council has broader authority than the Board and can formulate their own findings to indicate that new drawings have been submitted that reduced the encroachment. He said the action of Council could be reported to the Board at its next meeting.
 
Mr. Murphy said he was present at the meeting and said the Board attempted to move the room to another location and redesign it and at that time the property owners indicated they were not happy with the proposed modifications. He said that now the property owners have reduced the variance by 2.5 feet, making it a 25 foot rear yard. He stated that in the presentation, the property owners indicated there were no special circumstances, and felt that that prompted the Board's decision. Mr. Murphy said it is up to Council to abide by the ordinances and to make the final decision.
 
Mr. Ross clarified that he responded negatively to the Board's suggestion to replace the living room with the bathroom and a bedroom coming off the front of the house. He felt that suggestion was bad for the house and the neighborhood. He further indicated that he was urged by the Board of Zoning Appeals to come before Council with their request.
 
Mr. Ward said it was difficult to overturn the Board's decision and struggled to have some findings of fact that mirror the Board's process when this is being done. He felt that the Board should have indicated in their findings that all homes in Berkeley Estates are at the 40 foot setback; at Meadow Wood Estates the setbacks are at 40 foot or less. He said there is a history of residents coming before the Board of Zoning Appeals and Council for various requests because they have no other alternative.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that based on the findings, letters and changes made, that Council overturn the decision of the Board of Zoning Appeals in Case No. 2010-1 and grant the variance, noting that the plans were altered and that the encroachment had been reduced in keeping with one of the Board's interests that was articulated at the meeting.
 
Mr. Ward asked that drawings be initialed and dated by the Vice Mayor and forwarded to the Building Commissioner.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
 
It was moved by Mr. Schlessel, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:33 P.M.


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