09/07/1993 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 9/7/93 community in government. The Ward 3 Town Hall meeting will be held tomorrow, Wednesday, September 8, at the Chestnut/Horizons building. The. Ward 4 Town Hall meeting will be held iri December and will cxmtplete the series for this year. It is possible that an extra meeting will be held for students only. Mr. Musial co~xnented that he had read the book and would recaanend it to all members of Council. Law Director Gateau reported: 1) 'The arbitration brief relative to the. issue of premium pay requested by Service Department union members has been submitted to the American Arbitration Association. rSembers of the union expect to receive premium pay when they operate equipment rather than when they supervise persornnel. 2) Nova Developers has filed a $1,200,000 lawsuit against the city because there are nD permits available to tap into our sewer system. This coc~gany is attempting to develop land in Olmsted Township. They have failed to note in the lawsuit that the City of North 0lmsteEl. and Cuyahoga County have an agreement that limits the nue~er of permits that will be issued. yearly. Tl~y are of the mistaken. belief that North Olmsted is supposed to take tap~in fees that they receive for purposes of improving tl~ sewer system or the sewage treatment plant. In fact, tap-in fees are for past debt service that has been paid by current users. The insurance carrier has been asked to hold off having an attorney represent the city until a motion for sueroary judg~eczt can be filed. In addition, a request far Rule 11 attorney fees will be The developer had been advised by the Service Director over a year ago that the putts would be limited. They did not act; and, when they found that rxa permits ire scrailable, filed suit without even mentioacing the fact that the permits are limited by contract with Cuyahoga Comity. 3) Attended opts-trial hearing in Federal Court with respect to the Robinson case dealing with discrimination regarding the testing for a position in the Building Department. Because we have brought the testing canpany in on a third party coanplaint, the case has been reset far .pre-trial. 4) The Charter amendment on senior housing will eliminate one step in the process of rezoning land for senior housing use. If this Charter amecut is approved, the rezoning will go to Planning Commission acrd City Council but not to the electors. If for some reason a nts~ber of residents objected to a rezoning, they are not precluded from bringing the referendum to the b~a].lot. Voters still have all the protections they would normally have regarding the passage of an ordinance and referendum rights, it's just not mandatory. He atxi the M~iyor feel it is in the best interest of the citizens to promote with ease senior citizen housing since the city does rat currently have any. If we have to wait a year to get this issue on the ballot, this would have an adverse impact on senior housing and the seniors who wish to continue to remain a part of our comaamity. Mr. Nashar asked Mr. Gateau if OLnsted Township developers will be assessed additional money for expansion to the treatment plant. I~r. Gateau replied that the plant is being improved and not expanded ar~d those costs are built into the rate structure. The Township rate is higher than our city rate. Mr. Leonard asked the length of the contract with the Township.. Mr. Gateau said it is typically done in 5-year increments, but we can renegotiate at any time. Mr. McKay asked if there wasn't concern over the size of the transmission lines down 4