12/20/1983 Meeting Minutes - Laserfiche WebLink

Home Browse Search

. f .Z MINUTES OF THF MEETING OF THF, COUNCIL OF THF CITY OF NORTH OLMSTED DECEMBER 20, 1983 Present: President James Boebnior. ,, Councilmen Bierman, Logan, McKay 0'Grady, Wilamosky, ?+Ioerpel. (Mr. Logan resigned at 9:25 P.M.) Also present: Mayor Robert Swietyniowski, Law Director Michael Gareau, Finance Director Edward Boyle, Clerk of Council Florence Campbell. Absent? Councilwoman Petrigac. Meeting was called to order by President Boehmer at 8:03 P.M. Members of the audience were invited to join Members of Council in reciting the Pledge of Allegiance. President Boehmer introduced Mr. Thomas 0'Grady, new Councilman of Ward Two, who was sworn in Friday, December 16, 1983. Councilman 0'Grady will serve on Council through 1985. Minutes of the Special Council rTeeting of December 5, 1983, were approved. Minutes of the Regular Council Meeting of Decemher 6, 19g3, were approved. President Boehmer announced that Ordinance No. 83-136, with respect to Chapter 1221, entitled "Signs", of the Zoning Code, has been amended and is on second reading this evening; Ordinance No. 83-152 contains an emergencv clause and will be read as "de- claring an emergency"; Ordinance No. 82-89 has been removed from the agenda. Mayor Swietyniowski had no report but extended congratulations to Mr. 0'Grady on his appointment to Council Finance Director Boyle had no report but asked that Council suspend the rule requiring three readings and pass Ordinance TIo. 83-145, anproving the tax rates, this evening. Law Director Gareau reported: 1) Had previously revorted to Council with respect to the Med Center/Condominium Association law suit. After the case was terminated, Law Director submitted a judgment entry to the Court. The City was sued for $2,250,000; this was dismissed. The Court retained jurisdiction on the basis of a nuisance. Law Director has tried to inform the Court that the City cannot be kept in the continuing action when there is a dispute between two nroperty owners; the City is not caDable of ma.intaining a private nuisance and cannot abate a private nuisance. Although the Law Director submitted the entries, the City still seems to be in the cross fire between the two property owners and will be dragged into some of the hearings. Law Director's inclination is to f_ile a notice of appeal because the City cannot be mandated or ordered to abate a private nuisance. 2) Has received a letter from the law firm of Korman, Jackson and Weiss regarding the Rini Supermarket addition; copies of letter have been distributed to Council. T'here is a very serious legal problem involved; has already discusseci with Council; can be looked at in the next thirty days. 3) Apologized for not having Mr. Logan's legislation ready for tonight's meeting; was in St. John's West Shore Hosnital for three days; the legislation, regarding a Charter amendment, was therefore delayed.