City of Lyndhurst, Ohio City Council
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September 19, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, September 19, 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.
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Tuesday, September 6, 2011.
 
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
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING
ORDINANCE NO. 2011-67
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 1385.16 OF THE BUILDING AND HOUSING CODE.
 
ORDINANCE NO. 2011-69
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PENN OHIO COAL CO. DBA KIMBLE TRANSFER & RECYCLING FOR THE PROVISION OF SOLID WASTE TRANSFER AND DISPOSAL SERVICES AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-70
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-13-101 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. 2011-71
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-011 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. 2011-72
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-12-014 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. 2011-73
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 713-02-001 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. 2011-74
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-07-011 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. 2011-75
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-10-047 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. 2011-76
INTRODUCED BY: ADMIN
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 713-03-018 TO BE A NUISANCE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR THE WORK NECESSARY TO ABATE THE NUISANCE, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-77
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CITY OF BEDFORD HEIGHTS, OHIO PROVIDING FOR USE BY THE CITY OF THE BEDFORD HEIGHTS CITY JAIL.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2011-03
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2011-03 to grant requested variance to Renew Contracting LLC, an agent for Roland Somerville of 5496 Lansbury Lane, for a variance from Chapter 1160.05 of the Planning and Zoning Code. The applicant requests a 16'8" rear yard variance to allow the erection of a 12' x 12' deck.
 
Correspondence:
 
Ohio Division of Liquor Control for change of corporate stock ownership for C1 and C2 for Krish Ambe Inc., dba Lyndhurst Beverage, 5343 Mayfield Road.
 
TABLED ITEMS:
 
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.
 
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 19, 2011: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, September 19, 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: 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.
 
Absent: J. M. Cicero, Jr., Mayor.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that reading of the minutes of the Special Meeting of Council held Tuesday, September 6, 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.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that reading of the minutes of the Regular Meeting of Council held Tuesday, September 6, 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.
 
MAYOR'S REPORT - Mayor Cicero was not present at the meeting; therefore, he had no report.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey reported that the Public Lands & Buildings Committee had met at 6:30 p.m. that evening to discuss the Emerald Ash Borer infestation. He described Mr. Glady's presentation of a proposed five-year plan to remove and replace trees which are affected by the Ash Borer. He described that the plan would need to be flexible because the rate of infestation cannot be immediately determined. Mr. Frey further explained that the cost of repairing this situation would be about $160,000 per year over five years, and that formal minutes from the meeting would be forthcoming.
 
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 Marko had no report.
 
PLANNING COMMISSION - Chairman Ward reported that the Planning Commission would not be having a regular meeting for the month.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - Stefanie Rhine was present from the Board of Education, and discussed the upcoming Fall Retreat. Ms. Rhine then expressed her disappointment at the State Report Card that came out the previous month, and began to offer an explanation as to why the numbers were so low. She described the 26 indicators, which are based on test scores and attendance. She continued by describing the State's performance index, and that improvement was shown this year from last year. Ms. Rhine then described how students are rated, in that below-average students who improve are given a good rating, and students who test out as accelerated, at the highest level, do not get any extra credit from the State.
 
Ms. Rhine continued by explaining that this is the reason for the poor score this year; that students who were below-achievers actually performed better than the high performers. She stated that because the score was negative, the Board was required to drop in rating. She further stated that this was not a justification for the poor rating, and that they were going to work very hard to increase their rating. Ms. Rhine highlighted bright spots, in that some schools were rated as excellent.
 
Ms. Rhine continued by explaining the AYP (Adequate Yearly Progress), the Federal rating and that it is based on subgroups. In the instance of South Euclid-Lyndhurst, they are divided into minority students, high-poverty students, special-education students, and that they were closing in on having English-as-a-Second-Language students included, as well. She stated that if a student is African-American and poor and they perform well, they get positive points and that if one group fails, every group fails. Ms. Rhine stated that Special Ed. is an area that is continually challenged and needs improvement, included extended interventions after school.
 
Mr. Ward commented that there are too many cooks in the kitchen, those cooks being educators, and that they are doing absolutely nothing to educate the children. He extrapolated by stating that these mandates get sent out with no plan for improvement, and they end up causing a negative effect. He implied that if teachers actually took the time in the classroom to properly educate children, they would produce results that are meaningful in real life. He further stated that teachers need to focus on creating life-long learners rather than robots who can take their stupid tests.
 
Mr. Ward elaborated by stating that the federal government needs to stay out of where they don't belong, that the State and Local governments need to be in control of education. He said that if it takes five years to educate a student, and that it will result in sending that child out into the world with a meaningful skill, it is an accomplishment, and they should be rewarded and acknowledged for that. He described his fear that the dynamic tension between what the State and Federal government are giving credit for is causing strain on what has to be done to accomplish certain things. He stated that at one point or another, there was just a draw as to what was going to give the number, rather than putting the resources where they will be given a result; the result being an educated child, not a number.
 
The meeting was opened to public comment. There was no public comment.
 
Mr. Ward noted that the upcoming Council Coffee event would be on September 24th from 9:00 a.m. until 12:00 Noon at the Lyndhurst Community Center, at Council's expense, and that a city-wide shredding would be offered from the hours of 11:30 a.m. to 3:30 p.m., which is free for Lyndhurst residents.
 
Tom Coste, the owner of Amy Joy Donuts, commented that he was willing to do whatever it takes for Council to approve his use variance.
 
Mr. Marko thanked Service Director Glady for his hard work at Home Days, and that even though there was a lot of rain throughout the weekend, a splendid time was had by all. He also thanked Chief Carroll and Chief Porrello for their touching ceremony on the tenth anniversary of the September 11, 2001 terrorist attacks. Mr. Ward added that the people in the Building and Police Departments were extremely flexible during the entire weekend, and did everything they could to keep things convenient for attendees. Mr. Schlessel thanked Mr. Frey for an incredible, top-notch parade.
 
SECOND 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. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2011-67 be placed on second reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
ORDINANCE NO. 2011-69
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PENN OHIO COAL CO. DBA KIMBLE TRANSFER & RECYCLING FOR THE PROVISION OF SOLID WASTE TRANSFER AND DISPOSAL SERVICES 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. 2011-69 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. 2011-69 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No. 2011-69 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-69 is passed.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that the next seven resolutions be combined into one reading, with specific details of said resolutions being highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
 
RESOLUTION NO. 2011-70
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-13-101 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. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-70 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. 2011-70 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-70 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.

Resolution No. 2011-70 is adopted.
 
RESOLUTION NO. 2011-71
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-14-011 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. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-71 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. 2011-71 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-71 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-71 is adopted.
 
RESOLUTION NO. 2011-72
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 711-12-014 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. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-72 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. 2011-72 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-72 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-72 is adopted.
 
RESOLUTION NO. 2011-73
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 713-02-001 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. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-73 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. 2011-73 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-73 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-73 is adopted.
 
RESOLUTION NO. 2011-74
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-07-011 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. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-74 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. 2011-74 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-74 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-74 is adopted.
 
RESOLUTION NO. 2011-75
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 712-10-047 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. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-75 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. 2011-75 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-75 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-75 is adopted.
 
RESOLUTION NO. 2011-76
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION DECLARING THE REAL PROPERTY KNOWN AS CUYAHOGA COUNTY AUDITOR'S PERMANENT PARCEL NO. 713-03-018 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. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-76 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. 2011-76 was highlighted by Ms. Lensner, with Section 8 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-76 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-76 is adopted.
 
ORDINANCE NO. 2011-77
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CITY OF BEDFORD HEIGHTS, OHIO PROVIDING FOR USE BY THE CITY OF THE BEDFORD HEIGHTS CITY JAIL.
 
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. 2011-77 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. 2011-77 was highlighted by Ms. Lensner, with Sections 3 and 4 being read in their entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-77 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-77 is passed.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2011-03
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2011-03 to grant requested variance to Renew Contracting LLC, an agent for Roland Somerville of 5496 Lansbury Lane, for a variance from Chapter 1160.05 of the Planning and Zoning Code. The applicant requests a 16'8" rear yard variance to allow the erection of a 12' x 12' deck.
 
The findings in Case No. 2011-03 as recorded in the minutes of the meeting of the Board of Zoning Appeals held September 12, 2011 were read by Ms. Lensner.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that the decision of the Board of Zoning Appeals Case No. 2011-03 be confirmed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Case No. 2011-03 confirmed.
 
Correspondence from the Ohio Division of Liquor Control for change of corporate stock ownership for C1 and C2 for Krish Ambe, Inc., dba Lyndhurst Beverage, 5343 Mayfield Road, was noted with no objections.
 
TABLED ITEMS:
 
It was moved by Mr. Marko, seconded by Mr. Ward, that the Board of Zoning Appeals Case No. 2011-05 be removed from tabled status.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Case No. 2011-05 removed from tabled status.
 
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.
 
It was moved by Mr. Frey, seconded by Mr. Marko, that the decision of the Board of Zoning Appeals Case No. 2011-05 be confirmed.
 
It was moved by Mr. Frey, seconded by Mr. Marko, that Case No. 2011-05 be amended so that the hours of operation for the drive-through be limited to 5:30 a.m. to 11:00 p.m.
 
Mr. Gambatese commented that Amy Joy Donuts should be given 60 to 90 days to comply with any restrictions Council may put upon their use variance, should it be approved. Mr. LoPresti commented that hours of use for the drive-through should not be restricted, as it could be confusing to the customers. He continued, stating that the store being a 24/7 operation anyway means that there will always be traffic in the parking lot, regardless of it being for the drive-through or not, and Mr. Gambatese agreed. Mr. Ward stated that the fence should at least be solid vinyl, not board-on-board, and that that be made a condition of approval.
 
Mr. Schlessel noted that we now have a motion for conditions, being that the drive-through operations be limited from 5:30 a.m. to 11:00 p.m., and that a six-foot vinyl fence be installed.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that the decision of the Board of Zoning Appeals Case No. 2011-05 be confirmed, noting that the restaurant does not serve meals and does not serve anything except food product that is already pre-prepared.
 
Roll Call:
 
Yeas: Fisher, Frey, Marko, Ward, Schlessel.
Nays: Gambatese, LoPresti.
 
Motion carried.
Case No. 2011-05 confirmed.
 
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 8:50 P.M.



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