City of Lyndhurst, Ohio City Council
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April 16, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, April 16, 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; H. J. Lensner, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, April 02, 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
 
Requests for additions to the Agenda:
 
Public Comment:
 
ORDINANCE NO. 2012-22
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH NERONE & SONS, INC., FOR THE BRAINARD ROAD SANITARY FORCE MAIN PROJECT, AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2012-23
INTRODUCED BY: MAYOR
 
A RESOLUTION DECLARING ARBOR DAY AS A SPECIAL DAY FOR THE PLANTING OF TREES IN THE CITY OF LYNDHURST.
 
Board of Zoning Appeals Recommendations:
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2012-01 to deny the requested variance to Sister Agnesmarie, SND, on behalf of Julie Billiart School, 4982 Clubside Road, for a thirty-nine point twelve (39.12) foot variance from the provisions of Schedule 1160.05 of the Planning and Zoning Code, to permit the construction of a new parking lot within the required fifty (50) foot front yard setback.
 
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.
 
April 16, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, April 16, 2012 at 8:03 P.M., Vice Mayor David A. Frey, presiding.
 
Members Present:
Council Representatives: J. A. Gambatese, C. A. LoPresti, J. A. Marko, K. C. Packard, 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; L. M. Puskas, Building Inspector; H. J. Lensner, Assistant Clerk of Council; M. A. Franco, Temporary Assistant Clerk of Council.
 
Absent:
Council Representative: L. A. Schlessel; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; M. J. Carroll, Chief of Fire.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that the reading of the minutes of the Regular Meeting of Council held Monday, April 2, 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 updated the status of the Sherri Park Apartment fire. Mayor Cicero commented that the building is in the process of being cleaned so that the anxiously awaiting residents will be able to move back. He said the total damage to the building will be between four and eight million dollars. Mayor Cicero further stated the City of Lyndhurst will have a critique of that day, in which various other fire departments will meet to discuss any improvements that could be made for future fires.
 
The Mayor stated that the South Euclid-Lyndhurst school district hired a new Superintendant, Linda N. Reid. He highlighted Ms. Reid's qualifications and background that made her the best candidate for the position. Mayor Cicero invited everyone to attend the open house Wednesday, April, 18th at 7:30 PM that will be held at the South Euclid-Lyndhurst Board of Education to welcome Ms. Reid to the community.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
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 report.
 
SERVICE AND SEWERS COMMITTEE - Chairman Packard had no report.
 
LEGISLATIVE COMMITTEE - Chairman Schlessel was not present; therefore, he had no report.
 
PLANNING COMMISSION - Chairman Marko reported that the Architectural Board of Review Meeting will be held Thursday, April 19th at 7:30.
 
Mr. Frey asked that comments regarding the Board of Zoning Appeals recommendations wait until that item is addressed on the Agenda.
 
The meeting was opened to public comment. There was no public comment.
 
Mr. LoPresti reminded everyone that the Business Expo, sponsored by the Heights Hillcrest Regional Chamber of Commerce, will be held on Thursday, May 3rd, from 3:00PM until 7:00PM at 700 Beta Drive. Mr. LoPresti further stated that on May 3rd at noon, he would be at City Hall for the National Day of Prayer, and welcomed others to join him.
 
Mr. Frey extended the invitation of the school board to attend the open house on Wednesday, April 18th to welcome the new South Euclid-Lyndhurst Superintendant to the community. He thanked the Board of Education for a job well done in the process of selecting the new superintendant.
 
ORDINANCE NO. 2012-22
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH NERONE & SONS, INC., FOR THE BRAINARD ROAD SANITARY FORCE MAIN PROJECT, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-22 be placed on third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried
Rules suspended
 
Ordinance No. 2012-22 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Ordinance No.2012-22 be passed.
 
Mr. Ward explained the gas company's lines do not have tracer wire, so the gas lines could not be detected. Therefore, because gas lines were marked incorrectly a line was hit. He further stated these additional funds are in part necessitated by the gas company's work and further conversation will be needed in this regard.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Ordinance No. 2012-22 is passed.
 
RESOLUTION NO. 2012-23
INTRODUCED BY: MAYOR JOSEPH M. CICERO, JR.
 
A RESOLUTION DECLARING ARBOR DAY AS A SPECIAL DAY FOR THE PLANTING OF TREES IN THE CITY OF LYNDHURST.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Resolution No. 2012-23 be placed on third reading for final adoption and that it be highlighted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Ward, LoPresti, Frey.
Nays: None.
 
Resolution No. 2012-23 was highlighted by Ms. Franco, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2012-23 be adopted.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Resolution No. 2012-23 is adopted.
 
Board of Zoning Appeals Recommendations:
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2012-01 to deny the requested variance to Sister Agnesmarie, SND, on behalf of Julie Billiart School, 4982 Clubside Road, for a thirty-nine point twelve (39.12) foot variance from the provisions of Schedule 1160.05 of the Planning and Zoning Code, to permit the construction of a new parking lot within the required fifty (50) foot front yard setback.
 
The findings in Case No. 2012-01 as recorded in the minutes of the meeting of the Board of Zoning Appeals held April 9, 2012 were read by Ms. Franco.
 
Sister Agnesmarie, SND, President of the Julie Billiart School, 4982 Clubside, explained the Julie Billiart School is a school for special needs children. She further stated that the Julie Billiart School is committed to safety, excellent education, their neighborhood, and the environment. Sister Agnesmarie pointed out that the school makes decisions based on what is best for the children, not cost. Sister Agnesmarie noted that due to changing curriculums more teachers are required. Therefore, there is not enough parking and the proposal submitted is the best and safest for the children. Sister Agnesmarie promised that the Julie Billiart School is committed to replacing all plants and trees that may be disturbed. Sister Agnesmarie thanked the Councilmen who have visited the property to speak about the proposal.
 
Mr. Frey thanked Sister Agnesmarie.
 
Joseph Ciuni, GPD Group, 5595 Transportation Blvd., Cleveland, presented pictures of the proposed site for the additional parking at the Julie Billiart School. Mr. Ciuni read from the findings that the issue can be obviated through other methods other than a variance, while matching or exceeding the number of parking spaces. Mr. Ciuni compared the sketch with the topographical mapping of the area. He stated that some of the spaces would be physically impossible due to the steep grades, a utility box and a fire hydrant. Mr. Ciuni further stated that only seven (7) spaces would be created with that proposal not twelve (12). Mr. Ciuni asked that the variance be approved.
 
Mr. Frey confirmed only seven spaces would be operational with the original proposal. Mr. Frey thanked Mr. Ciuni.
 
Don Schuele, 4892 Countryside Drive, stated that Julie Billiart School is a wonderful school and neighbor and that the school provides wonderful things for children that very few other schools can offer. Mr. Schuele stated Julie Billiart School produces students that become productive citizens. His daughter attended Julie Billiart School and without Julie Billiart School she would have never been able to graduate college. He would ask that the City do whatever it can to help Julie Billiart School.
 
Mr. Frey inquired as to where Mr. Schuele lives in reference to the school. Mr. Schuele responded that he lives the next street over. He also stated that he drove past Hawkin School and it would appear that they are not within the required setback. Mr. Ward informed him that Hawkin School does encroach on the fifty (50) foot setback.
 
Mr. Frey thanked Mr. Schuele.
 
Barbara Bruck, 4907 Clubside Road, expressed concern about the Julie Billiart School parking issue. Ms. Bruck said the school is landlocked and by taking down mature trees it could decrease property values. Ms. Bruck has a daughter with a learning disability and feels privileged to have this type of school in her neighborhood. Ms. Bruck stated that she has given a great deal of thought about the situation and offered her driveway for an employee to park during the school day in order to help alleviate some of the parking issues. She suggested that employees could also park on Brookwood Drive and Countryside Drive. Ms. Bruck would like for the City to be able to meet the needs of the school and also respect the integrity of the community.
 
Mr. Frey thanked Ms. Bruck
 
Allen Segal, 4907 Clubside Road, commented on his recent visit to the Julie Billiart School. Mr. Segal stated that the area where parking is proposed, two (2) mature evergreens would need to be cut down, causing environmental and ecosystem issues. He further explained that he is a neighbor and supporter of the school. However, he said the proposal for the additional parking will not be helpful to the school, it would be unsafe. Mr. Segal explained parking on Brookwood would the safest, insure the most parking, and be the most environmentally friendly option.
 
Mr. Frey thanked Mr. Segal
 
Brian Worsdall, 5324 Chickadee, Property Manager for Julie Billiart School, presented a sample of material that was suggested by the Board of Zoning Appeals to utilize when creating additional parking spaces. Mr. Worsdall explained the material would not be comfortable or safe for the children. He explained the material would be next to impossible to walk on with any type of heel, it would be uncomfortable for a picnic, and the material would not be salt or snow plow friendly. Mr. Worsdall stated in his opinion the original plan would be best for maintaining the grounds, the children's safety and fun.
 
Mr. Frey thanked Mr. Worsdall
 
Rick Favazzo, 800 Kennelwood, Highland Heights, Chairmen for the Plant Grounds Committee for the Julie Billiart School, would like to inform Council that the Committee took a lot of time to examine the parking situation and investigate several other options, such as offsite parking and the option of renting parking spaces from other businesses. The Committee found that insurance costs for the liability issues would be a huge expense and not beneficial. Mr. Favazzo reiterated the need for additional parking at the Julie Billiart School.
 
Mr. Frey asked if there were any further questions.
 
Sister Agnesmarie asked if she is allowed to return to the podium to speak.
Mr. Frey informed her she is allowed.
 
Sister Agnesmarie, SND, President of the Julie Billiart School, 4982 Clubside, stated she would like to comment on the proposals heard from the other speakers. Sister Agnesmarie explained that if employees parked on Brookwood Road it would be a long walk, there are no sidewalks, it would be unsafe, and in the winter it would be near impossible. Sister Agnesmarie continued to explain that the original proposal would be the safest for the children and teachers. Sister Agnesmarie promised to replant all the trees that may be disturbed.
 
Mr. Frey asked if there is anyone else with comments.
Mr. Frey closed down comments and opened for Council comments.
 
Mr. Murphy remarked that there were several legal points raised during this discussion. Mr. Murphy stated the burden is not on the City but on the property owner to show evidence that they are entitled to the variance. Mr. Murphy further stated that the Board of Zoning Appeals suggested that calculations and topography should have been done prior to the meeting. Mr. Murphy informed Council that any references made regarding the EPA will be addressed accordingly, and is not a zoning matter. He informed Council their duty is to determine if the property owner submitted sufficient evidence that shows they would be entitled to the variance.
 
Mr. Ward stated he has dealt with several traffic issues over the years within Lyndhurst Park Estates. He worked with Hawkin School and Julie Billiart School to help them make numerous improvements that would benefit the Schools and the neighborhood. Mr. Ward commented that these wonderful institutions are an asset not only to the City but the neighborhood. Mr. Ward stated that he had asked the Service Director Rick Glady, and the Fire Chief Mike Carroll to review the proposals, they both agreed that parking the cars away from the building would be more beneficial for service vehicles. Mr. Ward thanked Mr. Ciuni for providing the plans so they could be compared side by side making it easier to understand. Mr. Ward said personally as a resident he would rather see the building than parking spaces, and the plan proposed would place cars out of site.
 
Mr. Packard inquired if there is any parking on the west side of the building.
Mr. Ciuni answered that there is one (1) parking space on each side of the dumpster and a sidewalk will be added.
 
Mr. Gambatese asked if snow removal has been taken into consideration.
Mr. Worsdall informed Mr. Gambatese the proposal has taken snow removal into consideration and it would not be a problem.
 
Mr. Ward shared his thoughts regarding the Julie Billiart Proposals. Mr. Ward said that originally submitted were twenty-eight (28) spaces many out of view, the alternate shows twenty-three (23) spaces many in plain view. He further expounded that the original plan keeps parking away from the building, which both the Service Director and Fire Chief reviewed and agree the original plan best enhances the safety and serviceability needs of the school. Mr. Ward remarked that parking spaces screened from view addresses the concern and comments of the neighbors and best enhances the residential character of the property. He said Julie Billiart's proposal is on the Agenda for the April 19th Architectural Board of Review meeting. Mr. Ward stated that Dale Veres, the Chairmen of the Lyndhurst Park Estates Association was at the Board of Zoning Appeals meeting and did speak favorably on behalf of the Association and his neighbors. Mr. Ward received a call from Virginia Aveni, she lives immediately to the west of Julie Billiart and is the neighbor that would be most affected. He stated that she could not say enough in favor of the proposal.
 
Mr. Frey stated that both the Service and Fire Departments have no objections should City Council overturn the decision of the Board of Zoning Appeals, providing the plan is approved as submitted to the Board of Zoning Appeals, subject to the required review and approval of the Architectural Board of Review and the City Engineer relative to the grading and drainage of the development area.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Council overturn the recommendation of the Board of Zoning Appeals to grant the requested variance to Sister Agnesmarie, SND, on behalf of Julie Billiart School, 4982 Clubside Road, for a thirty-nine point twelve (39.12) foot variance from the provisions of Schedule 1160.05 of the Planning and Zoning Code, to permit the construction of a new parking lot within the required fifty (50) foot front yard setback.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Case No. 2012-01 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 9:04 P.M.


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