City of Lyndhurst, Ohio City Council
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April 18, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, April 18, 2011, at 8:00 P.M., Acting 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; M. J. Carroll, Chief of Fire; J. C. Borton, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, April 4, 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:
 
RESOLUTION NO. 2011-22
INTRODUCED BY:
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH KATHY PERELLA FOR CONCESSIONAIRE SERVICES DURING THE 2011 POOL SEASON AND DECLARING AN EMERGENCY.
 
Approve Recommendation of the Planning Commission:
 
Recommendation is made to Council to adopt proposed Ordinance No. 2010-77 (Amended) with changes made as stated in the minutes relative to 1170.18(B), Section 1170.18(6)(A), 1170.18 Section 11 (B) and 1170.19 (J)..
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2011-01
 
Recommendation is made to Council to confirm the decision of the Board in Case No. 2011-01 to grant requested variance to Greg Rochester of 4880 Countryside Road, from the provisions of Section 1160.04(a) 6 (A) of the Planning and Zoning Code, to allow a 14' x 16' storage shed, which would allow a variance of 104 square feet over the allowed maximum 120 square feet, with conditions.
 
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.
 
ORDINANCE NO. 2010-77
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 1170 OF THE CODIFIED ORDINANCES OF THE CITY TO PERMIT ELECTRONIC DISPLAY SIGNS IN THE CITY AND DECLARING AN EMERGENCY. (Referred to Planning Commission 1-17-11)
 
April 18, 2011: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, April 18, 2011 at 8:05 P.M., Acting 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, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; M. J. Carroll, Chief of Fire; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; J. C. Borton, Assistant Clerk of Council.
 
Absent: Council Representative L. A. Schlessel; T. P. Kunz, Building Commissioner; R. F. Porrello, Chief of Police.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that reading of the minutes of the Regular Meeting of Council held Monday, April 4, 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, with Mr. Frey abstaining.
 
MAYOR'S REPORT -Mayor Cicero had no report. He stated that the PNC Bank at the corner of Richmond and Mayfield had been robbed this afternoon and the suspect got away.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE -Chairman Frey had no report. He said an update was received from the City Engineer regarding the progress at the Brainard Sprayground.
 
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 - Mr. Ward reported on the meeting of the Planning Commission held April 7, 2011. Minutes of that meeting are a part of the permanent record.
 
The meeting was opened to public comment: There were no comments from the public.
 
Mr. Frey said he was unable to attend the Planning Commission meeting relative to Ordinance No. 2010-77 and wondered if the legislation had to be passed this evening. Mr. Ward responded that the proposed change was highlighted on the amended ordinance and that it dealt with Section 1170.18 (5) regarding Color and Clarity. He said the Commission was concerned about clarity of the sign and verbiage was added that "Color and Clarity content shall be capable of producing a full color spectrum, and a dot/pixel pitch not greater than twenty (20) millimeters for traffic and pedestrian viewing." He indicated that the Commission wanted the sign to produce enough clarity so that it would be easily read. Discussion continued.
 
RESOLUTION NO. 2011-22
INTRODUCED BY: ADMINISTRATION
 
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH KATHY PERELLA FOR CONCESSIONAIRE SERVICES DURING THE 2011 POOL SEASON 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 Resolution No. 2011-22 be placed on second and third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-22 was highlighted by Mrs. Borton, with Section 3 being read in its entirety.
 
It was moved by Mr. Ward seconded by Mr. Gambatese, that Resolution No. 2011-22 be adopted.
 
Mr. Ward noted that there were no complaints during last year's pool season and said that Mrs. Perella was a wonderful resource for other items.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Resolution No. 2011-22 is adopted.
 
Approve Recommendation of the Planning Commission:
 
Recommendation is made to Council to adopt proposed Ordinance No. 2010-77 (Amended) with changes made as stated in the minutes relative to 1170.18(B), Section 1170.18(6)(A), 1170.18 Section 11(B) and 1170.19(J).
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Council approve the recommendation of the Planning Commission with regard to Ordinance No. 2010-77(Amended).
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2010-77 be removed from tabled status.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2010-77 be amended.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-77 is amended.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that Ordinance No. 2010-77(Amended) be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
Ordinance No. 2010-77 (Amended) is passed.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2011-01
 
Recommendation is made to Council to confirm the decision of the Board in Case No. 2011-01 to grant requested variance to Greg Rochester of 4880 Countryside Road, from the provisions of Section 1160.04(a)6(A) of the Planning and Zoning Code, to allow a 14' x 16' storage shed, which would allow a variance of 104 square feet over the allowed maximum 120 square feet, with conditions.
 
The findings in Case No. 2011-01 as recorded in the minutes of the meeting of the Board of Zoning Appeals held April 11, 2011 were read by Mrs. Borton.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Council confirm the decision of the Board of Zoning Appeals in Case No. 2011-01.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Ward, LoPresti, Marko.
Nays: None.
 
Motion carried.
 
It was moved by Mr. Ward, seconded by Mr. Fisher, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 8:20 P.M.


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