02/17/1998 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 2/17/98 ,,,A Law Director Gareau: 1) Parcel E must be discussed in executive session this evening because he has to respond to requests of the court. 2) The resolution accepting the annexation of the Christ the King property is on this evening's agenda and must be passed by Council. The law provides that no action can be taken for 60 days after the County Commissioners approve the annexation petition of a property owner. Council cannot approve the action of the County Commissioners sooner than the first meeting after the 60 day period. (In this case, Sunday, February 15, was the 60th day.) Within that 60 day period, anyone who has an objection can file a lawsuit raising various issues relative to the procedure and as to whether or not its appropriate to have the annexation proceed. The city has already agreed to the annexation of this property; and, although a bit prematurely, future plans for the 18 acre parcel were discussed at a Planning Commission meeting. This past Friday, February 13, two of the Township trustees along with two property owners filed a lawsuit against the City of North Olmsted and Christ the King Church asking the court to declare that the procedures of the County Commissioners were improper and to, therefore, set aside the annexation. The attorneys for the Township notified the Law Department this morning that there was a hearing on a temporary restraining order to stop the Clerk of Council and the Finance Director from placing this matter on the agenda and alternatively restraining this Council from acting upon this matter. He attended the hearing in Judge Freedland's court, but the judge was unavailable. However, he and Tim Grendell, the attorney for the property owner, objected very strenuously to the request for the restraining order since the parties had 60 days within which to act. Instead, they waited for the last minute and gave a judge, who was going to a luncheon, about 15 minutes to decide the issue. Later this afternoon, the judge considered the issue and decided that it was inappropriate to grant a temporary restraining order. The attorney for the trustees filed an appeal at 4:25 p.m. in the Court of Appeals and argued that the Court of Appeals in turn grant an injunction pending the appeal. However, the Court of Appeals refused to grant the injunction indicating that the order of the lower court was not a final appealable order. This background information is being given because, if the ordinance is adopted this evening, it moots the entire litigation. The Law Director believes adoption of the ordinance would be in the best interests of North Olmsted, the property owner and probably the Township and urges Council to adopt the legislation. Olmsted Township has followed these same procedures in the past when annexation requests have been approved by the County Commissioners. There is a Supreme Court case that basically says that it is desirable to have the municipal corporation that is adjacent to a township annex the property. The law was not meant to thwart annexation, but to promote annexation. Council is urged to adopt the legislation this evening and put the matter to rest. 3) Wage negotiations with the Police Department will begin on Thursday. 4) Since the last Council meeting, a lawsuit has been filed, Hunt vs. the Metropolitan Park Board, the County of Cuyahoga and the City of North Olmsted. This has to do with a fatal accident on. Cedar Point hill. Because a bicyclist was going down. the hill, a person went left of center and hit another car head-on and was killed in that accident. This litigation has been sent to our insurance company, and the city is urging that a motion for summary judgment be filed. e 2