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

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, March 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 Regular Meeting of Council held Monday, March 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. 2010-13
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING TRANSFERS AND ADVANCES AND DECLARING AN EMERGENCY.
 
Request Authorization to advertise for bids:
 
2010 Asphalt Program;
2010 Concrete Repair Program;
2010 Crack Sealing Program.
 
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).
 
March 15, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, March 15, 2010 at 8:04 P.M., Vice Mayor Joseph A. Marko presiding.
 
Members Present:
Council Representatives: D. J. Fisher, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; D. Isaac, Captain of Fire; J. C. Borton, Assistant Clerk of Council.
 
Absent:
Council Representative: D. A. Frey; P. T. Murphy, Director of Law; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that reading of the minutes of the Regular Meeting of Council held Monday, March 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 had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - In Chairman Frey's absence, there was no report.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Ward reported on the meeting of the Legislative Committee held March 10, 2010. A copy of said report is a part of the permanent record. Mr. Ward added that those in attendance reached a common understanding, that Council understood the concerns of the Board of Zoning Appeals, and if there is any relaxation of the regulations, it would not be significant. It would include verbiage that would define a commercial vehicle and dictate what appurtenances could be attached. He indicated that further study would be done as to how regulations are applied in other cities that have similar legislation.
 
Mayor Cicero stated that he felt that within sixty days, Council should have some idea of the direction they wish to pursue in this regard. He asked that a moratorium be placed on requests to the Board of Zoning Appeals for variance concerning a commercial vehicle. Mr. Ward felt the moratorium would be prudent at this time and felt the meeting was very productive.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
The meeting was opened to public comment.
 
Michael Ciomek, 5116 Kneale Drive, stated he and JoAnna Michalos requested the variance for parking of the commercial vehicle. He said that the vehicle in question had changed and he now will have a pick-up truck, rather than the utility van for which the variance had been requested. Mr. Ward indicated that the original request for variance would be denied and that Mr. Ciomek now has sixty days during the moratorium to discuss an application for variance for the new vehicle if needed. Mr. Ward suggested that the truck be parked in the driveway and that Mr. Ciomek be neighborly. Mayor Cicero said the new truck would require a separate variance if neighbors complained. Mr. Ciomek said the truck may fit in his garage. He was advised that he should seek an opinion from the Building Department as to whether or not he would need a variance for the new truck.
 
Daniel Fallenbaum addressed Council on behalf on Congresswoman Marcia Fudge and said that on March 23rd and once every month thereafter for one hour (10:00 - 11:00 A.M.) he would be at the Lyndhurst Community Center, to entertain any federally related questions or comments for the Congresswoman. He hoped that residents would take advantage of this opportunity.
 
Richard Clark, 5347 Chickadee Lane, spoke regarding the parking of recreational vehicles. He stated that he purchased his property understanding the laws that were then current and he felt one of his rights was being taken away, the right to use his property as he wants to, and he believed it would have an economic impact on the value of his property because this limits the rights of any prospective property owners. He felt this would impact the tax base and income as well as the number of people who might be interested in his house.
 
Mr. Schlessel reminded Council to let residents know about the college scholarship that they are sponsoring and that applications are available at City Hall.
 
Mr. Ward noted that the discussion regarding recreational vehicles would be on the next Planning Commission agenda. He felt that the draft of the regulations discussed by the Ad Hoc Committee lean more toward positive changes, and that it should appear on Council's agenda as a recommendation from the Planning Commission.
 
ORDINANCE NO. 2010-13
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING TRANSFERS AND ADVANCES 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. 2010-13 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-13 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2010-13 be passed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
 
Ordinance No. 2010-13 is passed.
 
In response to request for same, it was moved by Mr. Ward, seconded by Mr. Schlessel, that the Clerk be and she is hereby authorized and directed to advertise for bids for the 2010 asphalt program, 2010 concrete repair program and the 2010 crack sealing program.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that the confirmation of the decision of the Board of Zoning Appeals in Case No. 2009-5 be removed from tabled status.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
 
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.
 
The findings in Case No. 2009-05, as recorded in the minutes of the meeting of the Board of Zoning Appeals held November 9, 2009, were read by Mrs. Borton.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that based upon the findings of the Legislative Committee, the decision of the Board of Zoning Appeals in Case No. 2009-05 be confirmed.
 
Roll Call:
 
Yeas: Fisher, Gambatese, Schlessel, Ward, LoPresti, Marko.
Nays: Nays.
 
Motion carried.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:21 P.M.


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