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Council Minutes of 4/15/86 _2_ <br />Law Director Gareau reported: 1) Crumbley Case has been heard; insurance <br />"" counsel has not made a determination yet whether or not they are going to file <br />post judgment motions or file an appeal. Expects these decisions to be made <br />within the week and will report the decision at the next regular council meeting. <br />2) Will be arguing the Luwanna Cooper Case in the Sixth Circuit Court in <br />Cincinnati on May 5th. <br />3) An answer has been filed by the insurance company with concurrence of city's <br />counsel in the Faughender Case. Depositions from the Mayor have been scheduled <br />for tomorrow morning. <br />4) Has received a decision in the Burger King Case. The judge struck down the <br />city's ordinance saying that the ordinance itself is not unconstitutional but it <br />was unconstitutional as it applied to that particular location. Law Director <br />stated it is probably one of the most peculiar decisions in this particular area <br />that he has ever seen; there is no question that this action should be appealed; <br />plans on doing so and hopefully will get a reversal in the Court of Appeals. <br />5) Will be attending a seminar on Friday with regard to governmental immunity. <br />Finance Director Boyle reported: 1) Has received a new amended certif icate of <br />estimated resources; General Fund has been increased by $7,481.24 and a few of <br />the other funds have now been put into line. <br />2) Has received the audited statements for West Shore Cable TV; they appear to <br />be in order and West Shore's payments to the city appear to be in order also. <br />Mrs. Saringer, Chairman Building, Zoning and Development Committee reported: <br />1) Committee met on April 3rd with all committee members present as well as <br />Building Commissioner Spino and City Engineer Schaller. The following items <br />were discussed: <br />a. Adon Equipment Company, 23900 Lorain Road, proposal to construct retail <br />building, second phase. Approved by ARB and Planning Commission; no objection <br />from Safety Department; Planning Commission had no problem with the overhead <br />wiring as was discussed with ARB. BZD Committee has no objection except that <br />Adon Equipment Company. return for signage approval. Mrs. Saringer moved Council <br />approve plans as approved by Planning Commission, ARB and BZD Committee, second <br />by Mr. Rademaker, unanimously approved. <br />b. The Doll House, 30036 Lorain Road, proposal to use an existing house for <br />a retail building. Approved by ARB and Planning Commission. BZD Committee re- <br />quests approval of the drainage by the Engineering Department. Mrs. Saringer moved <br />Council approve the submitted proposal with recommendations of ARB and Planning <br />Commission, the Safety Department, City Forester and Engineering Department, second <br />by Mr. Rademaker, unanimously approved. <br />c. Olmsted Manor Nursing Home addition, Lorain Road. Approved by ARB and <br />Planning Commission as well as BZD Committee who would like designation for handi- <br />capped parking to be included. Mrs. Saringer moved Council approve the addition <br />with ARB, Planning Commission and BZD Committee recommendations, second by Mr. <br />Tallon, unanimously approved. <br />d. Off ice Complex proposal, 28900 Lorain Road. Approved by ARB and Planning <br />Commission. BZD Committee requests that a walkway be added north of the curb <br />greenery at the last building of the first. phase. Also, to include a six-foot <br />board-on-board fence on the northwesterly portion of Elliot's property at the <br />northeast portion of the development; with recommendations of the City Forester <br />and including the elimination of the cherry tree. Mrs. Saringer moved Council <br />approve the office complex proposal with recommendations of ARB, Planning Commission, <br />City Forester and BZD Committee, second by Mr. Tallon, unanimously approved. <br /> <br />