08/16/1994 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 8/16/94 Law Director Gareau reported: 1) 'The city has bey served with two lawsuits. One deals with a small claims case rega~rd~g a dead elm tree that the city was removing. The tree tumbled onto a next door ne~hbor's property and damaged an old jeep top. The owner was paid two hundred dollars but wants two thousand dogs even though she no longer owns the jeep. The crty wig ask that the claim be takes out of s~ claun~s and traasferreci to the general division. We will alp asseat the def+~se of gov al ' ' y because the act of taking down a tree is a gov al rather than a propr~ary function. 2) The second lawsuit deals with a fad arrest case s~voh-iag a sh ' -8 charge where the individual successfully dad ~ c;~tae in cr»~s1 ~. This is a caeca where the pleadings were not ati:fully drawn. Cases of this type are usually handlcal by the insurance company. On Police liability, there is a $10,000 deductible. Part of the defense costs are included in the deductible, so eve if the case is won the attorney's fees must be paid. However, the Law Deb t has asked the insurance company for permission to prepare the defense and attea~t to get the case dismissed. Finance Director Burns reported: 1) The fttst dra$ of the tax budget for 1995 is almost complete and will soon be forwarded to Council for consideration. 2) The notes for the Fire Station and Recreation Ceirter pawing lot improvement were priced at 4.34%. Mrs. Beringer, Chairperson of the Building, Zoning and Development Committee, reported: 1) The committee met on Augur 15 and in atteatdaaee were committee members Nashar and Beringer, Building Commissioner Conway and Assistant Engineer McDermott. Agenda items were as follows: a. St. Brendan's modular classroom unit, 4242 Brendan Lane. Mr. Leonard Frick, representing North Olmsted Schools, presented the plans for the modular classroom unit which will replace the two mobile labs thaf have been located in front of the school for the past 15 to 20 years. North Ohed Schools will be respons~'ble for the maw#eatance of the building. The plans were approved by the Pl~nivg Co on by 12. The Board of Zoning Appeals granted a variance of 6S feet on August 4. The committee had no objections and recommea~ded approval. Mrs. Beringer moved to approve the St. Brendan's modular classroom unit; second by Mr. Nashar; motion passed unanimously. b. The proposal for the Chri~ian Meeting Room at Brookpark and Clague Roads was presented by Mr. John Wootten, a church trustee, and Mr. B. A. Wyman, a co t. The proposal to construct a chapel was approved by Planning Commission on July 12, and a variance for the front setback and side and rear yards was granted. The chapel wdl be approximately 45 feet by 26 feet. If the lighting becomes bothersome, the parishioners will work out the problem with the city. An assembly utility and grading ply must be submitted and approved. The commiltee had no objections. Mrs. Beringer moved to approve the construction of the Christian Meeting Room contiQgent upon the recommendations of the g Commission with regard to lighting and the submission and approval of the proper plans; second by Mr. Nashar; motion passed unanimously. c. Boston Chicken, 26440 Loraam Road, proposal to construct a building and co-develop with the adjacent buildings to the east. Mr. Michael Landru presented the plans. The 3 ~M4 ~Y-?5~^K~?F:i wti-~.•r+~.ai":p'~9YMi`~V~°4SGsa'Y!'.'~E~f'-.~].taY.i