08/20/1996 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 8/20/96 7) The city recently met with National City Bank regarding the meeting for the rating of bonds which will take place in New York sometime in October. In response to a request by Mr. Musial, Mr. Gareau explained the compromise that has been worked out with regard to Ordinance 96-99 which will be removed from the agenda: 1) Mr. Gareau was asked by Council Members to look into the issue of restrictions regarding use variances. Case law indicates that charters permitting the granting of use variances typically indicate the process of filing and appeal and the finality of that appeal. The North Olmsted Charter simply indicates that the jurisdiction of the Board of Zoning Appeals is to hear appeals; it does not indicate whether or not there is a finality to it. As a result of some problems a number of years ago, it was decided that a couple of types of appeals would not be final until Council had an opportunity to take a look at them. Those situations include requests for a ruling and special permits for commercial property, which become final within 30 days unless the Council overturns them. This has occurred on several occasions. Mr. Gareau has advised the Council that he does not see anything that would prohibit doing the same thing with use variances. He does suggest that, when the Zoning Code is revised, specific standards for an area variance be included and that use variances not be final until reviewed and approved in a formal hearing by the City Council. In other words, appeals would be taken from the City Council rather than the Board of Zoning Appeals. After doing research on this topic, he feels this is the best way to proceed. Also, it may encourage requests for a zoning change through City Council rather than a use variance through the BZA. Finance Director Burns: 1) President Clinton signed the minimum wage bill today. This will have two impacts on the city: a. We now become subject to the minimum wage, which is effective October 1; b. Employee deferred compensation plans will become trustee plans as opposed to the assets being owned by the city. 2) On tonight's agenda is Resolution 96-153, which is the budget for 1997. Council will receive a copy later in the week. It had been delayed because he had asked National City Bank to generate the cash requirements for the first year debt service on the $42 million bond issue. Those figures were received late Friday and he has begun assembling that information and putting it into the budget. He has also asked the State Auditor's office for the ability to create two funds. Although the State Auditor's office approves of the ideas, the Legal Department is still reviewing the request. He will proceed with the budget on the assumption that the funds will not be created for 1997. Because the budget must be passed and presented to the County Auditor by September 16, he is requesting that Council hold a special meeting on September 12 for third reading and passage of Resolution No. 96-153. 3) The Federal Reserve Board met today, and the anticipated move upward in interest rates did not occur. From comments made by the Chairman and because of the coming election, it is now believed interest rates will remain stable through the election. This is good news for North Olmsted because it will keep interest rates stable, and we are now looking at approximately 5.9% for the October bond issue. 4