City of Lyndhurst, Ohio City Council
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November 19, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, November 19, 2012, at 8:00 P.M., Vice Mayor David A. Frey, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; M. A. Franco, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, November 5, 2012.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - MARKO
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - PACKARD
 
LEGISLATIVE COMMITTEE - SCHLESSEL
 
PLANNING COMMISSION - MARKO
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION (First meeting of the month)
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING
ORDINANCE NO. 2012-78
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
 
SECOND READING
ORDINANCE NO. 2012-79
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-80
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CUYAHOGA COUNTY GENERAL HEALTH DISTRICT FOR THE PUBLIC HEALTH SERVICES TO BE RENDERED DURING THE YEAR 2013, AUTHORIZING THE FISCAL OFFICER TO CREDIT THE CONSIDERATION PAYABLE UNDER SAID CONTRACT AND TO DEDUCT EQUIVALENT SUMS FROM TAX SETTLEMENTS DUE THE CITY OF LYNDHURST AND DECLARING AN EMERGENCY.
 
ORDINANCE NO: 2012-81
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2012-41 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-41 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
ESOLUTION NO. 2012-82
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (BUILDING DEPARTMENT), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-83
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (SERVICE DEPARTMENT), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-84
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (FINANCE DEPARTMENT), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-85
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION (FULL-TIME DISPATCHERS), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-86
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION (NON-DISPATCH FULL-TIME PERSONNEL), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-87
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH THE PETTY GROUP, LLC, FOR THE 2012 SIDEWALK REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-88
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH THE PETTY GROUP, LLC, FOR THE 2012 SIDEWALK REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-89
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH DAN RAY CONSTRUCTION FOR THE BRAINARD ROAD PUMP STATION PROJECT, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-90
INTRODUCED BY: ADMIN
 
A RESOLUTION STRONGLY OPPOSING THE CONSIDERATION OR ADOPTION OF HB 601 BY THE OHIO GENERAL ASSEMBLY WHICH PROPOSES UNIFORMITY MEASURES FOR MUNICIPAL INCOME TAX IN THE FORM OF UNFUNDED MANDATES AND A SUBSTANTIAL LOSS OF REVENUE, AND DECLARING AN EMERGENCY.
 
Confirm decision of the Board of Zoning Appeals:
 
Case No. 2012-05
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2012-05 to deny requested variance to Patrick Ackerman of Boyer Signs, a representative of Mar-Lou Shoes, for a variance from the provisions of Section 1170.18 of the Planning and Zoning Code. The applicant requests to construct an electronic moving digital message sign at 5471 Mayfield Road. The code limits these electronic signs to properties having five (5) or more acres and six hundred (600) feet of frontage.
 
TABLED ITEMS:
 
ORDINANCE NO. 2012-24
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.01 REGARDING DEFINITIONS.
 
ORDINANCE NO. 2012-25
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755.07 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.07 REGARDING HOURS FOR PEDDLING, SOLICITING AND CANVASSING.
 
ORDINANCE NO. 2012-26
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 755.08 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PEDDLERS AND SOLICITORS" BY AMENDING SECTION 755.08 REGARDING PROHIBITED PLACES.
 
ORDINANCE NO. 2012-37
INTRODUCED BY: COUNCILMAN LOPRESTI
 
AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
 
November 19, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, November 19, 2012 at 8:02 P.M., Vice Mayor David A. Frey, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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. J. Carroll, Chief of Fire; M. A. Franco, Assistant Clerk of Council.
 
Absent: M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that the reading of the minutes of the Regular Meeting of Council held Monday, November 5, 2012, 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; therefore, he had no report.
 
FINANCE COMMITTEE - Chairman Ward reported he distributed the minutes from the November 5, 2012 meeting to Council. Mr. Ward further stated the Finance Committee met tonight prior to the Council Meeting at 6:45P.M. Finance Director Kovalchik presented additional detail pursuant to both scenarios Council discussed at the November 5th meeting. Minutes will be forthcoming.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti had no formal report; however, he said the committee met this evening at 7:30P.M. to discuss the Tethering Ordinance. Mr. LoPresti stated Ordinance No. 2012-37 has been amended, distributed to Council and recommends Amended Ordinance 2012-37 be passed. Mr. LoPresti also stated an Ordinance regarding parking fines will be forthcoming.
 
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
LEGISLATIVE COMMITTEE - Chairman Schlessel had no report.
 
PLANNING COMMISSION - Chairman Marko had no report; however, he stated no meetings are scheduled.
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION - No representative was present.
 
The meeting was opened to public comment.
 
Richard Clark, 5347 Chickadee Lane, stated he is concerned that not all residents are being considered equally in regards to the tax credit/tax rate issue and feels Council's inaction is not in the best interest of the residents.
 
E. Dale Inkley, 5126 East Farnhurst, thanked Mr. Ward for his time and dedication to the tax credit/tax rate issue. Mr. Inkley stated there are only two choices raise taxes or decrease services. Mr. Inkley explained his thoughts regarding the two scenarios. Mr. Inkley also stated he is against Case No. 2012-05 on tonight's Agenda.
 
Dennis Kane, 1152 Brainard, inquired about the revenue we receive from the Court.
Mr. Frey and Mr. Ward jointly explained that our Finance Department manages the Court funds; however, their funds are separate from the Cities.
 
Harry Singer, 5309 Golfway, asked that Council provide very detailed numbers regarding the tax increase and do not provide grossly inflated possible situations.
 
Mr. Schlessel apologized to Mr. Unger for the inappropriate comments made to him by a Board member at the Board of Zoning meeting held Monday, November 12, 2012.
Mr. Schlessel thanked the "Turkey Fairy" for leaving gloves, hats and blankets at a local bus stop for people in need.
 
Mr. Marko presented an update on Ordinance No. 2012-74 regarding nuisance abatement. Mr. Marko stated the property is now being renovated. Mr. Marko also stated if it does not meet the Building Department's guidelines the Ordinance will be reinstated.
 
Mr. Ward thanked the Service Department for the brochure that was mailed to residents regarding the updated recycling program. Mr. Ward also noted that the brochures were paid for with grant monies.
Mr. Frey inquired what new items were added to the recycle list.
Mr. Glady stated aerosol cans, pizza boxes, and phone books have been added to the list.
 
SECOND READING
ORDINANCE NO. 2012-78
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2012-78 be placed on second reading.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-78 is placed on second reading.
 
SECOND READING
ORDINANCE NO. 2012-79
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 791 OF THE CODIFIED ORDINANCES OF THE CITY OF LYNDHURST ENTITLED "EARNED INCOME TAX" AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that Ordinance No. 2012-79 be placed on second reading.
 
Roll Call:
 
Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
Nays: Gambatese
 
Motion carried.
Ordinance No. 2012-79 is placed on second reading.
 
ORDINANCE NO. 2012-80
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CUYAHOGA COUNTY GENERAL HEALTH DISTRICT FOR THE PUBLIC HEALTH SERVICES TO BE RENDERED DURING THE YEAR 2013, AUTHORIZING THE FISCAL OFFICER TO CREDIT THE CONSIDERATION PAYABLE UNDER SAID CONTRACT AND TO DEDUCT EQUIVALENT SUMS FROM TAX SETTLEMENTS DUE THE CITY OF LYNDHURST AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-80 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2012-80 was highlighted by Mrs. Franco, with Section 5 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No.2012-80 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-80 is passed.
 
ORDINANCE NO: 2012-81
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2012-41 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-41 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-81 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2012-81 was highlighted by Mrs. Franco, with Section 16 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2012-81 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-81 is passed.
 
RESOLUTION NO. 2012-82
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (BUILDING DEPARTMENT), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-83
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (SERVICE DEPARTMENT), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-84
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 860 (FINANCE DEPARTMENT), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-85
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION (FULL-TIME DISPATCHERS), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-86
INTRODUCED BY: ADMIN
 
A RESOLUTION RATIFYING AND ADOPTING THE COLLECTIVE BARGAINING AGREEMENT NEGOTIATED BETWEEN THE CITY OF LYNDHURST, OHIO AND THE OHIO PATROLMEN'S BENEVOLENT ASSOCIATION (NON-DISPATCH FULL-TIME PERSONNEL), RATIFYING AND APPROVING THE EXECUTION OF SAID AGREEMENT BY THE MAYOR, AND DECLARING AN EMERGENCY.
 
It was moved by Mr.Ward, seconded by Mr. Packard, that Resolution No. 2012-82, 2012-83, 2012-84, 2012-85 and 2012-86 be considered jointly for final adoption.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Rules Suspended.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Resolution No. 2012-82, 2012-83, 2012-84, 2012-85 and 2012-86 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Resolution No. 2012-82, 2012-83, 2012-84, 2012-85 and 2012-86 are adopted.
 
ORDINANCE NO. 2012-87
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH THE PETTY GROUP, LLC, FOR THE 2012 SIDEWALK REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-87 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2012-87 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. LoPresti, that Ordinance No.2012-87 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-87 is passed.
 
ORDINANCE NO. 2012-88
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 WITH THE PETTY GROUP, LLC, FOR THE 2012 SIDEWALK REPAIR PROGRAM, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-88 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2012-88 was highlighted by Mrs. Franco, with Section 6 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2012-88 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-88 is passed.
 
ORDINANCE NO. 2012-89
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH DAN RAY CONSTRUCTION FOR THE BRAINARD ROAD PUMP STATION PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-89 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
 
Nays: None.
 
Motion carried.
Rules Suspended.
 
Ordinance No. 2012-89 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No.2012-89 be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-89 is passed.
 
Mr. Ward stated this change order will be net 0 to the City because the construction company exceeded the amount for inspection. He further stated it is built into the contract if the company exceeds the allowed amount they will cover the cost.
 
RESOLUTION NO. 2012-90
INTRODUCED BY: ADMIN
 
A RESOLUTION STRONGLY OPPOSING THE CONSIDERATION OR ADOPTION OF HB 601 BY THE OHIO GENERAL ASSEMBLY WHICH PROPOSES UNIFORMITY MEASURES FOR MUNICIPAL INCOME TAX IN THE FORM OF UNFUNDED MANDATES AND A SUBSTANTIAL LOSS OF REVENUE, AND DECLARING AN EMERGENCY .
 
It was moved by Mr. Ward, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-90 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Rules Suspended.
 
Resolution No. 2012-90 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Resolution No. 2012-90 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Resolution No. 2012-90 is adopted.
 
Mr. Ward stated that this Resolution is among many the City has sent to the State with no response.
 
ORDINANCE NO. 2012-37
INTRODUCED BY: COUNCILMAN LOPRESTI
 
AN ORDINANCE AMENDING CHAPTER 618 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "ANIMALS" BY ENACTING SECTION 618.021 REGARDING TETHERING ANIMALS AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-37 be removed from table.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Rules Suspended.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No.2012-37 be amended as distributed by the Safety Committee at the November 19, 2012 meeting.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-37 (Amended) be passed.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-37 (Amended) is passed.
 
Mr. Frey thanked Mr. LoPresti for his time and due diligence on the amendment and passage of this Ordinance.
 
Board of Zoning Appeals Recommendations:
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2012-05 to deny requested variance to Patrick Ackerman of Boyer Signs, a representative of Mar-Lou Shoes, for a variance from the provisions of Section 1170.18 of the Planning and Zoning Code. The applicant requests to construct an electronic moving digital message sign at 5471 Mayfield Road. The code limits these electronic signs to properties having five (5) or more acres and six hundred (600) feet of frontage.
 
The findings in Case No. 2012-05 as recorded in the minutes of the meeting of the Board of Zoning Appeals held November 12, 2012 were read by Mrs. Franco.
 
Mr. Ward stated the Board of Zonings Appeals made a decision based on an Ordinance created specifically for electronic signs at City Hall and Legacy Village. Mr. Ward suggested Council overturn the decision of the board and ask the Ordinance go back to the Planning Commission for further review.
 
Mr. Frey asked Mr. Ungar what his time frame is for installation of the sign.
Mr. Ungar said he felt Mr. Ward expressed his intentions for the sign and would ask if Council has any questions for him.
Mr. Schlessel asked Mr. Ungar what time frame he is working within.
Mr. Ungar stated he would like to have the sign installed as quickly as possible.
Mr. Schlessel stated he would vote to overturn the decision of the Board of Zoning Appeals.
Mr. Murphy explained the Motion to overturn the decision should include any stipulations.
 
It was moved by Mr. Ward, seconded by Mr. Schlessel, that Council overturn the decision of the Board of Zoning Appeals in Case No. 2012-05 with the following stipulations:
 
  • The business is on a corner lot.
  • The business has more than 200 feet between the monument sign on their property and the business to the west.
  • Variance would be consistent with the intent of Council to move the Ordinance forward to the Planning Commission
  • The business would only advertise events on the property and products sold at Mar Lou Shoes
  • The sign will only operate during the hours from 7:00A.M. until 11:00P.M.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti.
    Nays: Frey.
     
    Motion carried.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 9:04 P.M.


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