11/03/1999 Meeting Minutes - Laserfiche WebLink

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MINUTES OF THE 1VETING OF THE COUNCII. OF THE CITY OF NORTH OLMSTED NOVEMBER 3, 1999 Present: Council President Saringer, Council Members Gareau, Kasler, Limpert, McKay, Miller, Nashar, O'Grady Also Present: Mayor Musial (seated at 8:10 p.m.), Law Director Gareau, Finance Director Copfer, Clerk of Council Seman Council President Saringer called the meeting to order at 8 p.m. in Council Chambers, 5200 Dover Center Road, North Olmsted, Ohio. Members of the audience were invited to join Council in reciting the Pledge of Allegiance to the Flag. The minutes of the Council meeting of October 5, 199 were approved as written. Mr. O'Grady moved to amend the agenda to include Resolution No. 99-154. The motion was seconded by Mr. McKay and unanimously approved. President Saringer announced the Resolution No. 99-154 would be passed under suspension of the rules. REPORTS Law Director Gareau: 1) In the last several months, he has been negotiating with the United States Attorney's office relative to the findings and orders from a number of years ago regarding the EPA order relative to infiltration/overflow. The city is attempting to end that order by reaching an agreement. Consequently, on November 16 a contingent of city officials will go to Chicago to meet with the U. S. EPA and the U. S. Attorney's office in order to come to a final resolution relative to that court order. (The contingent will include Law Director Gareau, Mayor Musial, Service Director Bohlmann, City Engineer Deichmann and Environmental Engineer Long.) 2) The Parcel E trial was heard last week. In lieu of closing arguments, the judge indicated that each side could submit afive-page brief. This is a textbook case, but we do not know how the judge will rule. Hopefully, once the judge reads our brief, he will appreciate how constrained the court is in zoning issues. Councilman Dean McKay and resident Angelo Skoulis testified with respect to the legitimate government interest to impose this zoning on this property. From the standpoint of the plaintiffs meeting their burden, he does not believe they did so. From a legal standpoint, our defense was correct and we have protected the record in the event that an appeal is necessary. In his opinion, the zoning is constitutional. r ~ ...~~ «.~~ ~.._ ...