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Council Minutes of 3/20/96 <br />-0,.~ issue of direct deposit. Because the Finance Department is not able to provide direct <br />deposit service until computer upgrades are completed, the firefighters' union has <br />indicated the city failed to negotiate the elimination of that service. Consequently, the <br />matter is going to arbitration. <br />4) The city has received a judgment of $2,100 in the frivolous conduct suit brought in the <br />Fox case. The State of Ohio provides governmental immunity to its municipalities, and it <br />is good policy to protect and assert the city's rights. In fact, it is not often that frivolous <br />conduct awards are granted, so there must have been good reason for this judgment. <br />5) With regard to the Grilli case, the Law Department has been assisting insurance counsel <br />in preparing city employees for depositions. The depositions were set to take place today <br />but were canceled due to illness on the part of plaintifi?s counsel. <br />6) The cable TV agreement has been fine tuned and the amendments will be ready for the <br />next Council meeting. <br />7) Since the adult entertainment legislation was passed, there does not seem to be any <br />activity at Darby O'Tooles. <br />Mr. McKay asked for clarification on the process of mediated issues. Mr. Gareau <br />explained the process was mediation, fact-finding and a final phase as provided for by <br />State statute. In the fact-finding phase, Council must either accept .the findings or reject <br />them by athree-fifths (3/5) vote. <br />Mr. Musial asked Mr. Gareau to comment on the Gerijo case which was discussed at a <br />recent seminar on land use planning and eminent domain in Ohio. Mr. Gareau said that <br />case had been pending for 14 years and the principle had been upheld recently in the <br />Central Motors case. The case deals with the standards that are applied to issues of <br />rezoning. A city's zoning is presumed to be constitutional Anyone who attacks the <br />zoning as unconstitutional must establish that it does not promote legitimate governmental <br />interest and that there is no other economic use for the property. Both issues must be <br />proved. When dealing with those two issues--particularly regarding the rezoning on <br />Brookpark Road--it becomes something that's almost impossible to meet the two-pronged <br />test. Consequently, Mr. Gareau feels very strongly about threats of attacking the city's <br />zoning. It would be difficult to find an expert who could say that the city's zoning doesn't <br />promote a legitimate governmental interest and that the property has no other economic <br />use. Mr. Musial commented that this puts the city in a very favorable light in protecting <br />its zoning ordinances. Mr. Gareau agreed; however, he does believe that it would not be <br />fair to refuse a rezoning when a city comprehensive plan supports the rezoning as a best <br />use for the property. <br />Finance Director Burns: 1) At a recent Long-Range Planning Committee meeting, he <br />reviewed suggestions from Council regarding financial reporting. He will be initiating <br />three items that will be of use to Council. Mr. Musial will give a detailed report on the <br />committee meeting. <br />2) The appropriations ordinance is on this evening's agenda. There was a concern <br />expressed about the amended certificate, but he has no problem with it and this issue will <br />be discussed at a committee meeting. <br />2 <br /> <br />