City of Lyndhurst, Ohio City Council
Agendas & Minutes
Print   Close
 
September 6, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Tuesday, September 6, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, 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; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, August 1, 2011.
 
SWEARING IN:
 
New Firefighter Matthew Miller.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - MARKO
 
PLANNING COMMISSION - WARD
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING
ORDINANCE NO. 2011-51
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 141.01 OF THE CODIFIED ORDINANCES OF THE CITY.
 
ORDINANCE NO. 2011-61
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AGREEMENTS AND CONTRACTS WITH VARIOUS INSURANCE CARRIERS RECOMMENDED BY JACKSON, DIEKEN & ASSOCIATES, INC., TO PROVIDE THE NEEDED INSURANCE COVERAGE REQUIRED BY THE CITY OF LYNDHURST AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-62
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2011 REPEALING ORDINANCE NO. 2011-26 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-63
INTRODUCED BY: ADMIN
 
AN ORDINANCE DETERMINING THE PORTIONS OF THE SANITARY SEWER ASSESSMENT TO BE ALLOCATED TO EACH SEWER FUND FOR THE TAX YEAR 2011, IN ACCORDANCE WITH SECTION 925.02(b) OF THE CODIFIED ORDINANCES.
 
ORDINANCE NO. 2011-64
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR BY INTERNET AUCTION OF TWO SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYER TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-65
INTRODUCED BY: ADMIN
 
A RESOLUTION ACCEPTING THE AMOUNT AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY FISCAL OFFICER.
 
ORDINANCE NO. 2011-66
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2011 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-67
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1385.16 OF THE BUILDING AND HOUSING CODE.
 
ORDINANCE NO. 2011-68
INTRODUCED BY: COUNCIL AS A WHOLE
 
AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE GRANTING OF ANY PERMITS ALLOWING THE OPERATION OF INTERNET CAFES IN THE CITY, OR PERMITS ALLOWING BUSINESSES TO DEVOTE FLOOR SPACE TO INTERNET BASED SWEEPSTAKES GAMES IN THE CITY, AND DECLARING AN EMERGENCY.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2011-05
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2011-05 to grant requested variance to Eli Mahler, Architect for Amy Joy Donuts, located at 5211 Mayfield Road, for a variance from Chapter 1168.03 (a)(5) of the Planning and Zoning Code for use of a drive-through window which is prohibited for food establishments. This request would allow Amy Joy Donuts to use the existing drive-through window that the former D O Summers utilized.
 
Correspondence:
 
Ohio Division of Liquor Control for renewal year February 2010-2011 for D2 for Riser Foods Company, dba Giant Eagle 208, 25105 Cedar Road.
 
TABLED ITEMS:
 
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.
 
September 6, 2011: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Tuesday, September 6, 2011 at 8:04 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; E. Glady III, Director of Service; T. P. Kunz, Building Commissioner; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
Absent: M. A. Kovalchik, Director of Finance.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, August 1, 2011, 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, with Mr. Frey abstaining.
 
The Oath of Office was administered to new firefighter Matthew Miller.
 
MAYOR'S REPORT - Mayor Cicero commented on the recent lightning strikes that crippled the City's dispatch center. He assured everyone that no aspects of the City are in danger, and that everything is being done to repair the system. The Mayor further stated that the system is very old, and steps were being taken to figure out why these strikes incapacitated the City in the manner in which they did.
 
The Mayor commented on the upcoming Home Days celebration, giving his prediction of good weather for the upcoming weekend.
 
FINANCE COMMITTEE - Chairman Ward had no report, but mentioned that there was zero change in the evening's Amended Appropriations Ordinance.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report; however, he called a meeting of the Public Lands & Buildings Committee for September 19th to discuss the infestation of emerald ash borers and the potential hazards they cause. He also stated that an arborist would be present at the meeting to answer any technical questions that may arise.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report. He commented on the Winchester Road Project, saying that he was amazed at how quickly and smoothly the project had progressed. Mr. Schlessel agreed, mentioning the friendliness and professionalism of the workers who were working on the project.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Chairman Marko reported that the Legislative Committee had met prior to the meeting to discuss Ordinance No. 2011-68. He stated that the committee was in favor of extending the moratorium that was proposed in the ordinance. Mr. Marko informed Council that it was moved by him, and seconded by Mr. Ward, that Council pass Ordinance No. 2011-68 at the meeting.
 
PLANNING COMMISSION - Chairman Ward had no report.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Mr. Kent had no report.
 
The meeting was opened to public comment.
 
Paul Lidrbauch, 947 Professor Road, read the following letter for Council:
 
"Regarding resurfacing Professor Road from Andersen Road to Ridgebury Road, We, the residents of Professor Road, are angered and appalled by the unsafe, deteriorated condition of the road bed. It affects safe driving, places undue strain on our vehicles, and detracts from the curb appeal (pun unintended) that determines the value of our homes. We want it resurfaced.
 
Yes, we know both cities (Lyndhurst for the eastern half, South Euclid for the western half) have to agree on that repair.
 
We request that the Councils of both cities pass resolutions to effect that common effort - resurfacing the street. Since that will take some time and probably cannot be done this summer season (if only), we are demanding that both cities patch and fill the potholes and cracks in the road bed.
 
We do not want "cold patch". We want the holes, etc. cleaned and "hot patch" and tar applied, so that at the first freeze it won't "pop" out and we'll be back to the crap we have now. Last winter we had speed bumps, now holes.
 
As residents, homeowners, taxpayers and voters we expect the following:
  • Notification from City Council/Mayors that the common resolution to resurface the road has been agreed to by both cities.
  • The patching of the street. It's been at least 15 years since the last repaving. Lyndhurst repeatedly repaves other areas. South Euclid needs to put "our" Professor on the list of streets to be maintained.

  •  
    We, the undersigned, believe our taxes, both real estate and city income taxes, justify the actions outlined above, without assessments added to our tax bills.
     
    The residents of Professor Road."
     
    Mr. Glady addressed the issue, stating that Lyndhurst has been in contact with South Euclid regarding Professor Road. He said that in the past, South Euclid has been unable to step up to the plate regarding the issue; however, with the advent of a new service director, there is hope to get the repairs underway. Mr. Glady explained that there is a problem with only repairing one half of the road, in that there would be a six- to seven-inch difference between the two halves, which is unsafe.
     
    Mr. Frey stated that Mr. Lidrbauch's concern was being addressed, and that people were working very hard to come to a resolution on it. He described conversation that the city engineer and service director had back in the spring, during which the Professor Road issue was discussed at length. He further elaborated, opining that since it is an election year there is hope for this issue t be addressed soon, but that right now we are in a wait-and-see mode.
     
    Mayor Cicero assured Mr. Lidrbauch that the comments and pressure that the Professor Road residents have put on South Euclid has at least gotten them on the list, which is an accomplishment.
     
    Steve Estrin, 957 Professor Road, further elaborated on the aforementioned issue, calling Professor Road the "forgotten street". He claimed that nothing had been done on the road because South Euclid had run itself bankrupt. He said that Lyndhurst has ignored Professor, instead opting to resurface other streets multiple times.
     
    Mr. Ward responded, saying that it was not for lack of effort on Lyndhurst's part, but rather a lack of cooperation from South Euclid, that nothing had been done yet. He described a potential annexing, stating that it would take about six years before anything was done, but that the annexed residents would end up paying less in taxes ultimately.
     
    Dennis Gustavson, 4907 Westbourne Road, distributed and read the following information to Council regarding the 2010-2011 South Euclid-Lyndhurst District Report Card:
     
    "The South Euclid-Lyndhurst District Report Card for the 2010-2011 school year has been released. Our district has dropped to Continuous Improvement, which is a decline from Effective, in which category the district was at the lowest place last year.
     
    The report verifies the following: It is important to say that these scores are based on only 75% of students being proficient in an indicator. The district only met 16 of the 26 indicators at that percentage. The indicators met still show a percentage of our students who are not proficient.
     
    These are the indicators not met:
  • Fourth grade math at 73.2% (26.8% of fourth graders are not proficient).
  • Fifth grade reading at 66.8% (33.2% not proficient), math at 54.2% (45.8% not proficient), science at 57.5% (42.5% not proficient).
  • Seventh grade reading at 73.5% (26.5% not proficient), math at 63.6% (36.4% not proficient).
  • Eighth grade math at 56.8% (43.2% not proficient), science at 54.3% (45.7% not proficient)
  • Tenth and eleventh grade both showed below proficient in science (26.2% not proficient in grade t10 and 20.7% not proficient in grade 11). It is required that a student pass all categories in order to graduate.

  •  
    Adequate Yearly Progress not met. Value-Added Measure below.
     
    Three of our schools have been identified for improvement over time: Brush - three years, Greenview - three years, Memorial - four years. Improvement plans are required when a school is in improvement status. After three or more years, more extensive corrective action is required. Does the district have these plans?
     
    The district has a high incidence of teacher day-to-day vacancy (approximately 340 teachers for school year 2010-2011), which not only costs money but robs the students of a stable education. For these dates in May, 2011, there were substitutes needed: 5/6 - 66, 5/9 - 53, 5/10 - 74, 5/11 - 107, 5/12 - 71, 5/13 - 86.
     
    The most important issue is, of course, the failure of the district to educate all of its students.
     
    However, the status of our community is very much at risk. The status of our schools impacts property values, influx of new residents, and the incidence of crime.
     
    It is time for the city council to involve itself in this very significant problem. The city can reach all of its residents and supply them with accurate, understandable information and work with the Board of Education to bring our district to its responsibility to our children."
     
    Mr. Gustavson also mentioned that since it is very easy to tell whether or not a car parked on the street belongs to a Lyndhurst resident, non-residents should be ticketed.
     
    Elyzabeth DeGiovanni, 5169 Thornbury, had an addendum to Mr. Gustafson's school report. She stated that her grandson, who is learning disabled, was able to pass the OGT in tenth grade, adding that if you cannot pass that test in the tenth grade, you do not need to be in the tenth grade.
     
    Ms. DeGiovanni then asked what the $9,600.00 purchase requisition for Dyson, Schmidlin & Foulds was for. The Mayor explained that it was used for legal representation regarding litigation with the NEORSD. He stated that the issue is still ongoing, and we will be going to trial on October 31st.
     
    Mr. Frey mentioned correspondence that he and Ms. DeGiovanni had regarding a gentleman who had been parking on his front lawn. He informed Ms. DeGiovanni that the man had abandoned his attempt to create an apron on his property and is now parking both of his vehicles in his driveway.
     
    Mr. Ward brought up the Tri-City Senior News, saying that the new look of the publication was very nice and a huge improvement over what they used to do, especially since it is done in-house.
     
    Mr. Schlessel announced that the Council Coffee event will be held on September 24th at 9:00 at the Community Center, and that the community shredding would be held at the same location from 11:30 to 3:30.
     
    SECOND READING
    ORDINANCE NO. 2011-51
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING SECTION 141.01 OF THE CODIFIED ORDINANCES OF THE CITY
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2011-51 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-51 was highlighted by Ms. Lensner, with Sections 2 and 3 being read in their entirety.
     
    Mr. Ward stated that Mr. LoPresti had checked out the numbers involved in Ordinance No. 2011-51. He explained that the numbers are correct, temporarily, but an adjustment will need to be made in anticipation of a retirement.
     
    It was moved by Mr. Marko, seconded by Mr. Marko, that Ordinance No. 2011-30 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-51 is passed.
     
    ORDINANCE NO. 2011-61
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AGREEMENTS AND CONTRACTS WITH VARIOUS INSURANCE CARRIERS RECOMMENDED BY JACKSON, DIEKEN & ASSOCIATES, INC., TO PROVIDE THE NEEDED INSURANCE COVERAGE REQUIRED BY THE CITY OF LYNDHURST AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-61 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-61 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    Mr. Ward noted that the costs of last year were basically flat, even with the added aspect of the Sprayground. He stated that Ms. Kovalchik and the representative from Jackson, Dieken & Associates worked tirelessly to keep the numbers down; limits of liability have been raised and assets have been added, yet the premiums are staying very aggressive.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-61 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-61 is passed.
     
    ORDINANCE NO. 2011-62
    INTRODUCED BY: ADMINISTRATION
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2011, REPEALING ORDINANCE NO. 2011-26 AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-62 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-62 was highlighted by Ms. Lensner, with Section 11 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-62 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-62 is passed.
     
    ORDINANCE NO. 2011-63
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE DETERMINING THE PORTIONS OF THE SANITARY SEWER ASSESSMENT TO BE ALLOCATED TO EACH SEWER FUND FOR THE TAX YEAR 2011, IN ACCORDANCE WITH SECTION 925.02(b) OF THE CODIFIED ORDINANCES.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-63 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-63 was highlighted by Ms. Lensner, with Sections 2 and 3 being read in their entirety.
     
    Mr. Ward commented that at the last meeting, the rates to be assessed for sewer assessments were approved. He explained that this Ordinance tells everyone how that 100% is to be divided. He extrapolated, saying that the City assesses, invests that money in its infrastructure, and makes improvements not only where it is felt necessary, but where it is told to be necessary. He stated that the City's investments over time in the sewer projects have reduced the incidences of home flooding to almost nothing. Mr. Ward expressed his belief that it is heinous for Lyndhurst residents and business owners be penalized for that investment. He stated that this is what the Council is fighting against - the residents and business owners of Lyndhurst being taken advantage of and having no say-so on how that money is invested.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2011-63 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-63 is passed.
     
    ORDINANCE NO. 2011-64
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO ADVERTISE FOR BIDS FOR THE SALE BY NEWSPAPER PUBLICATION OR BY INTERNET AUCTION OF TWO SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTORCYCLES AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-64 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-64 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-64 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-64 is passed.
     
    RESOLUTION NO. 2011-65
    INTRODUCED BY: ADMINISTRATION
     
    A RESOLUTION ACCEPTING THE AMOUNT AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY FISCAL OFFICER.
     
    It was moved by Mr. Ward, seconded by Mr. Fisher, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-65 be placed on second and third reading for final adoption and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Resolution No. 2011-65 was highlighted by Ms. Lensner, with Sections 4 and 5 being read in their entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that Resolution No. 2011-65 be adopted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Resolution No. 2011-65 is adopted.
     
    ORDINANCE NO. 2011-66
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2011 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-66 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-66 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-66 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-66 is passed.
     
    FIRST READING
    ORDINANCE NO. 2011-67
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE AMENDING SECTION 1385.16 OF THE BUILDING AND HOUSING CODE.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2011-67 be placed on first reading.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    ORDINANCE NO. 2011-68
    INTRODUCED BY: ADMINISTRATION
     
    AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE GRANTING OF ANY PERMITS ALLOWING THE OPERATION OF INTERNET CAFES IN THE CITY, OR PERMITS ALLOWING BUSINESSES TO DEVOTE FLOOR SPACE TO INTERNET BASED SWEEPSTAKES GAMES IN THE CITY, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-68 be placed on second and third reading for final passage and that it be highlighted.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Rules suspended.
     
    Ordinance No. 2011-68 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-68 be passed.
     
    Roll Call:
     
    Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2011-68 is passed.
     
    Confirm decision of the Board of Zoning Appeals:
     
    CASE NO. 2011-05
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2011-05 to grant requested variance to Eli Mahler, Architect for Amy Joy Donuts, located at 5211 Mayfield Road, for a variance from Chapter 1168.03 (a)(5) of the Planning and Zoning Code for use of a drive-through window which is prohibited for food establishments. This request would allow Amy Joy Donuts to use the existing drive-through window that the former D O Summers utilized.
     
    The findings in Case No. 2011-05 as recorded in the minutes of the meeting of the Board of Zoning Appeals held August 8, 2011 were read by Ms. Lensner.
     
    Discussion was held concerning the path that cars would take to line up in the drive-through lane. Mr. Murphy stated that Amy Joy representatives suggested that customers drive around the Donato's Pizza part of the building and cut across the back to approach the drive-through window. Mr. Schlessel stated that the owner of the adjacent property was present at the meeting, and had no say in the decision of the path's direction.
     
    Comparisons were made to the Amy Joy stores in Mayfield Heights and South Euclid, with concern being expressed regarding the traffic flow at those stores. The owner not being present at the Council meeting resulted in many unanswered questions regarding that scenario. Mr. Frey expressed that it could take quite a long time for someone at a drive-through who didn't know what they wanted to order a dozen donuts, causing a potential traffic build-up. Mr. Gambatese cited one of the Board's findings -- the volume of traffic would be similar to that of the drive-through -- which was presented as testimony by the owner of Amy Joy.
     
    Mr. Marko raised the issue of how long the drive-through would be open, and if it was going to potentially be open 24/7. Mr. Ward suggested that appropriate hours would be from 6:00 a.m. to 11:00 or 11:30 p.m., which echoes the gas stations' hours of operations. Mr. Murphy noted that that can always be added in by Council. Mr. Ward then mentioned the fact that drive-through restaurants are not allowed in the City, which could pose an issue with this proposed variance.
     
    Mayor Cicero suggested that Council meet in a Special Session to discuss the situation with the drive-through window at Amy Joy Donuts. He stated that since the owner and architect for Amy Joy were not present at the meeting, it would be prudent to gather at a future date for more thorough discussion.
     
    It was moved by Mr. Frey, seconded by Mr. LoPresti, that the Board of Zoning Appeals Case No. 2011-05 be tabled.
     
    The question was put to a voice vote and passed unanimously.
     
    Motion carried.
    Case No. 2011-05 tabled.
     
    Correspondence from the Ohio Division of Liquor Control for renewal year February 2010-2011 for D2 for Riser Foods Company, dba Giant Eagle 208, 25105 Cedar Road, was noted with no objections.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 9:12 P.M.


    Information provided by:
    The City of Lyndhurst, Ohio @ www.lyndhurst-oh.com

    on