City of Lyndhurst, Ohio City Council
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August 2, 2010: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, August 2, 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 Tuesday, July 6, 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:
 
SECOND READING:
ORDINANCE NO. 2010-30
INTRODUCED BY: Councilman Schlessel
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
SECOND READING:
ORDINANCE NO. 2010-31
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-35
INTRODUCED BY: ADMIN
 
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $650,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING THE CITY'S PARKS AND RECREATION FACILITIES BY CONSTRUCTING, INSTALLING AND OTHERWISE IMPROVING A NEW WATER AMENITY CONSISTING OF A SPRAY PARK AND RELATED RECREATIONAL FACILITIES, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2010-36
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING PARTICIPATION IN THE OHIO ASSOCIATION OF PUBLIC TREASURERS WORKERS COMPENSATION GROUP RATING PROGRAM, AUTHORIZING AN AGREEMENT WITH CARE WORKS CONSULT-ANTS, INC. AS PART OF PARTICIPATION IN SUCH PROGRAM, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-37
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE NORTHEAST OHIO AREA COORDINATING AGENCY FOR A GRANT FROM THE FEDERAL HIGHWAY ADMINISTRATION.
 
RESOLUTION NO. 2010-38
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-16-060 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-39
INTRODUCED BY: ADMIN
 
RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-23-061 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-40
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 713-15-043 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
RESOLUITON NO. 2010-41
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-09-030 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2010-42
INTRODUCED BY: ADMIN
 
A RESOLUITON DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-16-035 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2010-03
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2010-03 to GRANT requested variance to David Gustwiller of 1384 Brainard Road, from Chapter 1323.03 of the Building and Housing Code to allow a driveway widening addition to encroach a full eighteen (18") inches into the required eighteen (18") inch side yard setback.
 
CASE NO. 2010-04
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2010-04 to GRANT requested variance to Mr. & Mrs. Ronald Boals of 1392 Croyden Road who are seeking a variance from the front yard setback requirements as defined in Chapter 1160.05 (a) to construct a deck that will encroach eleven (11') feet into the fifty (50') foot front setback as defined for Croyden Road, with conditions.
 
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.
 
August 2, 2010: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, August 2, 2010 at 8:07 P.M., Acting Vice Mayor Patrick A. Ward presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, 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;
 
Absent:
Council Representatives: J. A. Marko, L. A. Schlessel; T. P. Kunz, Building Commissioner; G. M. Telzrow, Chief of Fire.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that reading of the minutes of the Regular Meeting of Council held Tuesday, July 6, 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 stated that this evening's agenda contains five resolutions pertaining to nuisance abatement. He clarified that this was a first step and that residents still have an opportunity to make necessary repairs. The Mayor encouraged passage of the resolutions. He further stated that Resolution No. 2010-37 deals with the submission of a grant to the Federal Highway Administration and NOACA for audible traffic signals. He said application had been denied two times in the past and said that Chief Porrello and Mr. Edelman are very persistent and asked for Council's favorable consideration of this resolution.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE -Chairman Frey had 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 had no report.
 
PLANNING COMMISSION - Mr. Schlessel had no report.
 
It was requested that Resolution No. 2010-43 be added to the agenda.
 
It was moved by Mr. Gambatese, seconded by Mr. Fisher, that Resolution No. 2010-43 be added to the agenda.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
 
The meeting was opened to public comment.
 
Elizabeth DeGiovanni, 5169 Thornbury, said she was confused about an article that appeared in the Sun Messenger relative to signs advertising garage sales. She questioned the placement of signs and wondered why signs were permitted at locations other than private property, as stated in the rules governing garage sales. Mr. Ward responded that there had been some conversation relative to various types of signs, i.e. going out of business signs that appear on the right-of-way. He said residents who are having garage sales are required to register at City Hall and can be contacted if signs become a problem. Mr. Ward said Council would be reviewing the ordinance and the permitting process. Discussion continued regarding signs and the time frame for conducting garage sales with a limit of two per year. The Mayor said the City is using discretion with regard to signage and does limit sales to two per year.
 
Mrs. DeGiovanni said that she had attended the School Board meeting and it was announced that SELREC had returned $50,000 to the Board that was placed in the General Fund. She wondered if the City could recoup it $25,000. The Mayor said that the money that was returned was money that was set aside, that the School Board had advanced and assessed them for janitorial services, etc. He said that because of the agreement with the YMCA the money was not needed for the continual function of SELREC.
 
Dennis Gustafson, 4907 Westbourne, inquired about Ordinance No. 2010-30 which is on second reading this evening regarding prohibiting the use of a mobile communication device by an individual under the age of eighteen years of age, or by an individual without a valid driver's license. It was pointed out that the ordinance is on second reading and that it would be discussed in the Legislative Committee prior to the next meeting of Council. Mr. Gustafson suggested that there be no age limit. He added that rubbish collection is going very well and asked if those parking on the street caused an inconvenience when picking up rubbish. Mr. Glady responded that there were very few problems because the arm on the truck extends ten feet.
 
SECOND READING:
ORDINANCE NO. 2010-30
INTRODUCED BY: COUNCILMAN LANE SCHLESSEL
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that Ordinance No. 2010-30 be placed on second reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-30 is placed on second reading.
 
SECOND READING:
ORDINANCE NO. 2010-31
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH RONYAK PAVING, INC. FOR THE 2010 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
Mr. Ward reported that he had spoken with the City Engineer who stated that there was no way to know where all the loops were located and the work involved would have required their replacement. He recommended moving forward with passage of the legislation this evening.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-31 be placed on third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-31 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Frey, seconded by Mr. LoPresti, that Ordinance No. 2010-31 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: Nays.
 
Motion carried.
Ordinance No. 2010-31 is passed.
 
ORDINANCE NO. 2010-35
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $650,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, TO PAY COSTS OF IMPROVING THE CITY'S PARKS AND RECREATION FACILITIES BY CONSTRUCTING, INSTALLING AND OTHERWISE IMPROVING A NEW WATER AMENITY CONSISTING OF A SPRAY PARK AND RELATED RECREATIONAL FACILITIES, AND DECLARING AN EMERGENCY.
 
It was noted that the Fiscal Officer's Certificate had been distributed to all Members of Council.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-35 be placed on second and third reading for final passage, and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-35 was highlighted by Mrs. Borton, with Section 16 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Fisher, that Ordinance No. 2010-35 be passed.
 
Mr. Gambatese asked if there had been any change in the original projection for funding this project. Mrs. Kovalchik responded that she had tested the debt service funds out to 2014 and that the timeline and property tax revenues are exceeding estimates. She reminded Council that her estimates are always conservative and that she anticipated the market to be favorable for selling the notes. She estimates the interest rate to be .80% for the sale.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2010-35 is passed.
 
ORDINANCE NO. 2010-36
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING PARTICIPATION IN THE OHIO ASSOCIATION OF PUBLIC TREASURERS WORKERS COMPENSATION GROUP RATING PROGRAM, AUTHORIZING AN AGREEMENT WITH CARE WORKS CONSULTANTS, INC. AS PART OF PARTICIPATION IN SUCH PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. LoPresti, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2010-36 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2010-36 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that Ordinance No. 2010-36 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Ordinance No. 2010-36 is passed.
 
RESOLUTION NO. 2010-37
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE NORTHEAST OHIO AREA COORDINATING AGENCY FOR A GRANT FROM THE FEDERAL HIGHWAY ADMINISTRATION.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-37 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-37 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Gambatese, seconded by Mr. LoPresti, that Resolution No. 2010-37 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2010-37 is adopted.
 
RESOLUTION NO. 2010-38
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-16-060 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
Mr. Fisher asked if the residents of the homes had been apprised of the options available, such as low interest loans for rehabilitation of their houses, or if they had been given options to spread the cost over a period of time. Mr. Ward said he spoke with the Building Commissioner and had specific information on each property, but indicated that this had been a very long process. In addition, Mr. Ward said the Building Department wanted to have the action available in the event they had to hire a contractor while the weather is still good. It was hoped that the Building Department could work with the homeowners. Mr. Fisher was concerned that residents were accommodated based on their needs and ability to pay during the present economy.
 
Mayor Cicero said that each resident had over thirty days to respond to the City's request and that they had been approached at least three times. He indicated that none had responded. Mr. Ward pointed out that these nuisances could be dangerous situations and must be taken care of. The Mayor said it was important to maintain the vibrancy and viability of the community to make it desirable to new residents. He said he was very proud of the fact that Lyndhurst has less vacant homes than surrounding communities. The Mayor said that of the five homes on this evening's agenda, three are unoccupied and that the two that are occupied have not responded in any way. Discussion continued.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-38 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-38 was highlighted by Mrs. Borton, with Section 8 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Frey, that Resolution No. 2010-38 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2010-38 is adopted.
 
RESOLUTION NO. 2010-39
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-23-061 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-39 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-39 was highlighted by Mrs. Borton, with Section 8 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Frey, that Resolution No. 2010-39 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2010-39 is adopted.
 
RESOLUTION NO. 2010-40
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 713-15-043 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-40 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-40 was highlighted by Mrs. Borton, with Section 8 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Frey, that Resolution No. 2010-40 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2010-40 is adopted.
 
RESOLUTION NO. 2010-41
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-09-030 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-41 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-41 was highlighted by Mrs. Borton, with Section 8 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Frey, that Resolution No. 2010-41 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2010-41 is adopted.
 
RESOLUTION NO. 2010-42
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-16-035 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-42 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-42 was highlighted by Mrs. Borton, with Section 8 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Frey, that Resolution No. 2010-42 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2010-42 is adopted.
 
RESOLUTION NO. 2010-43
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT AMENDMENT WITH QUALITY CONTROL INSPECTION, INC. FOR PROFESSIONAL CONSTRUCTION INSPECTION SERVICES DURING THE 2008 AND 2009 CONSTRUCTION SEASONS, TO EXTEND THAT CONTRACT TO AUGUST 31, 2010, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2010-43 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2010-43 was highlighted by Mrs. Borton, with Section 4 being read in its entirety.
 
It was moved by Mr. LoPresti, seconded by Mr. Gambatese, that Resolution No. 2010-43 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
Resolution No. 2010-43 is adopted.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2010-03
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2010-03 to GRANT requested variance to David Gustwiller of 1384 Brainard Road, from Chapter 1323.03 of the Building and Housing Code to allow a driveway widening addition to encroach a full eighteen (18") inches into the required eighteen (18") inch side yard setback.
 
The Findings in Case No. 2010-03 as recorded in the minutes of the meeting of the Board of Zoning Appeals held July 12, 2010 were read by Mrs. Borton.
 
Mr. Frey said he was in attendance at the meeting and was very please with Mr. Gustwiller's presentation.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that the decision of the Board in Case No. 2010-03 be confirmed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
 
CASE NO. 2010-04
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2010-04 to GRANT requested variance to Mr. & Mrs. Ronald Boals of 1392 Croyden Road who are seeking a variance from the front yard setback requirements as defined in Chapter 1160.05(a) to construct a deck that will encroach eleven (11') feet into the fifty (50') foot front setback as defined for Croyden Road, with conditions.
 
The Findings in Case No. 2010-04 as recorded in the minutes of the meeting of the Board of Zoning Appeals held July 12, 2010 were read by Mrs. Borton.
 
It was moved by Mr. Frey seconded by Mr. Gambatese, that the decision of the Board in Case No. 2010-04 be confirmed, with the condition that the lattice not extend beyond the overhang and that any wood facing the street or side should be painted or stained white to match the existing trim on the house.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, LoPresti, Ward.
Nays: None.
 
Motion carried.
 
It was moved by Mr. Frey, seconded by Mr. Gambatese, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:50 P.M.


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