06/03/1992 Meeting Minutes - Laserfiche WebLink

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r U Council Minutes of 6/3/92 Law Director Gareau reported: 1) Attended apre-trial conference on the Packer false arrest case. Depositions will be taken on the Packer case and the Pavarani false arrest case an Jame 4. 2) Judge Daniel Gaul has issued his opinion in the Eliza Jennings case. He has granted a motion for summary judgment on behalf of Eliza Jennings. The basis of his opinion was that if he were to award the amount that wee claimed and that had been calculated by the Supreme Court, it would be retroactive. Therefore, he declined to find in favor of the city. This decision is very surprising since the facts are retroactive in any lawsuit. We have prepared a notice of appeal. It seems that Eliza Jennings has welshed on their obligation to pay their fair share of sewer tap-in fees. Mr. Gareau stated that no settlement should ever be made without the city getting 10% interest per year, which would bring the amount owed to approximately $150,000.. Mr. Nash~ar asked if Judge Gaul hsd explained his ruling. Mr. Gareau replied that the opinion-was quite short and. did not give an in-depth explanation or reason. There had previously been a great deal. of effort to convince the city to accept 50 cents on the dollar; arui, when we resisted., we got nothing. Mr. Leonard suggested that we add on legal costs to the fees that we expect to collect. Mr. Gareau stated that a lawyer for Eliza. Jennings had threatened him with Rule 11 sanctions. However, since we have won the case, he will probably ask for Rule 11 sanctions. Finance Director Burns reported: 1) On Monday, June 1, the Housing Council met for the first time to address the rules and regulations for the interest subsidy program. Topics discussed were: eligibility of hcxneowners/property; possible income limits; age of property; m;ninn~n and maxilmxti loan amounts; selection and waiting list methods. Mr. Burns and Safety Director Gur~iy will draft the application and formal regulations. This will then be presented to Council. Hopefully, the ordinance will be passed and the program in place by August. Mrs. Saringer, Chairperson of the Building, Zoning and Development Committee, reported: 1) The BZD Committee met on June 1. In attendance were Bob Berryhill of Developers Diversified, Ron Cocco from Clark & Post Architects, George Niewiadomski fraan Moen Corporation, &ii.lding Commissioner Conway, City Engineer Deichrnann, Council Members Lind, Nashar, McKay, and Saringer. The following item was discussed: a. Moen Corporate Headquarters to be located on the west side of Great Northern Blvd., south of I-480, proposal to construct a three story office building. This was approved by the Architectural Review Board on April 29 and the Planning Omission on May 4. After reviewing the plans, lighting, larbdscapng, and side- walks, the committee approved the proposal. Mrs. Saringer moved that Council approve the revised site plans for Moen Corporation with the rec tions of the ARB and Planning Commission; second by Mr. Lind; motion passed unanimously. 2) Mrs. Saringer scheduled a BZD meeting for 7:30 p.m. on Wednesday, June 10. 2