03/02/1976 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 3-2-76 Fund to allow ~or paytrant and satre is listed in Ord. 5) Committee reviewed rec tioas of the Parks ~ the Recreation Comaittee of Council for the structur for the Rec Center. The Committee has no objections chart; -4- No. 76-27; Recreation Coarrission and e of an organit:ational chart to the prope-sscY organizational 6) Cobmrittee discussed a request by Mr. Kurt Richards, forssr l~pber of Planning Coto~tssion. Mr. Richards was and continues to be a defendant in the Barclay Square suit and his request is for paysNmt of legal fees for his defense. In a letter to Mr. Wilatrosky, dated 2-I1-75, Mr. Richards indicated that he met with the Metrbera of the Finance Cottsittee on 11-1 (presumably 1974) and it was Mr. Richards' recollection that the bill was to be paid. The Members of the Finance Committee of that date ware present at the February 26, 1976 Finance Cotmei.ttae Meeting and indicated that there rtes na such agreement made. Zn reviewing all available cotr~nications on this matter the Comtrittse has not found any claim or promise of payment for legal fees. On November 29, 1973, Mr. Richar~~ was advised by letter which was eigned by former Law Director J. Bruce Kitchen, and Mr. Michael Gavin and Mr. B7.i Manos - that Mr. Gavin and Mr. Manos represent the City of North Olmsted and all of the defendants in the Barclay Square suit. The Council of 1973 authorized the hiring of legal representation fox the City and all of the defendants including Mr. Richards. The Committee sees no additional moral claim as requested by Mr. Richards for his attorney fees; and recommends dismissal of this request. Mr. Wilatrosky moved that Council uphold the Finance Cotrtrittes's recao4andations, seconded by Mr. West. At this titre a general disc>ssion took place by Meyers of Council and Law Director Gareau. Lengthy discussion ensued. various Cotemuni- cations were read. Action of Council with respect to this matter was Mr. Wilamosky withdraw his motion atLd Mr. West withdrew his second. The President of Council will schedule a treating of Council ae a Whole and Mr. Richards to discuss this matter and Council will proceed at a later date. 7) Committee has no objections to the advertising for bids for a fence around the Recreation Center ; 8) Committee recotsaends a budget and appropriation of $500. for the Landmarks Commission and that appropriation is listed in Ord. No. 76-27. Mrs. Sharpe, Chairman Building, Zoning & Development CotmtGittee, reported this Committee met on February 25, 3976, and first order of business was a letter received from urs. Virginia Aodgins, Recording Secretary to the Beard of Zoning Appeals pertaining to the decision of the Building Commissioner and the over-ruling of the Board of Zoning Appeals regarding clarification of Zoning Ord. No. b2-33, Sect. 1174.06 and 1163.02 pertaining to the Helen S. Brows Subdivision. The Committee recommends to sustain the Building Comtrissioner's recamtssndations. In effect, we will be over-ruling the Board of Zoning Appeals reversal of the Building Comtaissioner's interpretation of the Zoning Code. Mrs. Sharpe moved that Council sustain the Building Commii.ssioner's ruling, seconded by Mr. Goggin. Mr. West asked why the Board voted to over-rule the Building Commissioner. Mrs. Sharpy explained it, is an odd shaped parcel and it jogged out on two sides, and they were stating it was a rear yard so that meant the property had three rear yards and according to Building Cotraissioner Gundy they were side yards. Law Director Gareau added that the Building Commissioner in 1967 - 1968 actually requested the Zoning Board of Appeals to give him an interpretation as to hart he determined the rear yards of irregular parcels and basically they gave bile a formula; and what the Zoning Board did was ,,,,,,„~.,.~,w~. ,~k.,~.,~ ,~ ,.,.~, ,,,..,