12/01/1992 Meeting Minutes - Laserfiche WebLink

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MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF NORTH OLMSTID DECEMBER 1, 1992 Present: Acting President Pro Tem Nashar, Council Members Bahas, Leonard, Lind, McKay, Musial Also Present: Law Director Michael Garesu, Finance Director James Burns, Clerk of Council Barbara Semen Absent: Council President Boetmur, Council President Pro Tem Beringer Acting President Pro Tem Nashar called the meeting to order at 8:01 p.m. in Council Chambers, 5200 Dover Center Road, North Olmsted, Ohio. Members of the audience were invited to join Council in reciting the Pledge of Allegiance to the Flag. The minutes of the meeting of November 17, 1992 were approved as written. The minutes of the special meeting of November 23, 1992 were approved as written. Mr. Nashar made the following announcements: Ordinance 92-167 would be removed fran the agenda; Ordinances 92-172 and 92-173 would be added to the agenda; passage under suspension of the rules would be asked for Ordinances 92-162, 92-169 arid. 92-171. Mr. Nashar thanked the Tiger Cubs, Pack 52 from Forest School, for decorating the Christmas tree in the City Hall reception area. Mr. Burns reported for Mayor Boyle: 1) Mayor Boyle, Service Director Bohlmann, Administrative Assistant Wlodarski and Council President Boehmer are attending the National League of Cities conference in New Orleans. 2) The Christmas Tree Lighting Ceremony will be held on Thursday, December 3, at 7:30 p.m. The fifth grade choir from Pine Elementary School will entertain. Law Director Garesu reported: 1) The city has received a lawsuit, Shadrack vs. the City of North Olmsted, which concerns an individual who was riding a bicycle on Country Club Blvd. arxi went through a sewer grate. When the city hired the engineer for the Country Club Blvd. project, it was specified that the work should conform to ODOT standards. One of the ODOT standards is the elimination of the type of grate which caused this accident. Consequently, when an answer is filed, a third party complaint will be included asking that the engineering firm be brought into the litigation. We will ask that the firm be held responsible for any damages that the city is required to pay. 2) With respect to the case of firefighter Smith, a hearing will be held on Thursday, December 3, in the Court of Appeals on a remand from the Supr~ne Court. 3) In their case against the city, Marc's Funtime Pizza had asked that both the city game roam and pinball ordinances be declared unconstitutional. It had been suggested that the pinball ordinance would be repealed if Mares would withdraw the complaint against the game roan fees. However, Marc's would not agree to this compromise. Therefore, the constitutionality of both ordinances was argued and Judge Patricia Cleary upheld both ordinances. 4) Our A-1 bond rating has been maintained by Moody's.