05/04/2004 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 5/4/2004 12) April 30, he received notice that a 2506 appeal had been filed in Common Pleas Court by Robert H. Berg Sr. and others regarding the city's denial of a variance request to build a car wash on the corner of Brookpark and Clague. The Law Department will defend this appeal. 13) With regard to the issue of the refuse collection violations at the multi-family property on Clague Road, today Assistant Law Director O'Malley appeared in court for the initial appearance of the City of North Olmsted vs. Samir Khouri regarding the complaints. On April 27, the city filed an additional three counts for the past three weeks ofnon-compliance with the collection, bringing the total counts filed to five. Councilman Gareau said he wanted to bring to Council and the Law Director's attention an issue with regard to the former BP station at the corner of Stearns and Lorain roads. There has been an ongoing property maintenance problem there. On December 3, 2003, they were served with notice of violation and a notice to post $1,000 cash bond. (The bond is required of commercial property owners who have abandoned their properties if the property is found to be in violation.) The weeds have grown tall and they have failed and refused to post a cash bond. It is his opinion that this should be prosecuted. Law Director Dubelko said the issue had been turned over to the Law Department. Mr. O'Malley sent out a letter demanding immediate compliance with the threat to take it to court as the next step. Councilman Dailey thanked the Law Director for his update on the lack of trash removal at the Clague Road property. On the matter of the Mayor's lawsuit, he asked the Law Director if he had been spending a considerable amount of time on this lawsuit. Mr. Dubelko said yes, he has put in a lot of time. On one recent weekend, he spent about 20 hours preparing a motion to strike, a brief in opposition to a motion for extension and a reply brief. The total hours spent so far are in the range of 60 to 80 hours. Councilman McKay asked if the lawsuit that was filed by Mr. Musial was as the Mayor or as a citizen of North Olmsted. Mr. Dubelko said it was filed in both his capacities, as an individual and in his official capacity. Councilman Miller commented that, initially when this lawsuit arose, a majority of Council felt there was a necessity to ask the Mayor to resign if he was to go forward with the lawsuit. At that time, he indicated he wanted to talk to the Mayor personally before asking for his resignation. He did express his concerns and told the Mayor he would give him a limited time to reconsider his going forward with the lawsuit. In light of the fact that the Mayor is not only going forward but apparently taking a much more aggressive stance, he is joining the majority of Council in calling for that resignation. Councilwoman Kasler commented that she felt it would be advisable for the Law Director to keep Council apprised of the time spent on this lawsuit. With regard to property maintenance, recently some members of Council discussed creating an ad hoc committee to discuss property maintenance issues in the city. Since she had made the suggestion, she talked to the Law Department about the appropriate forum for doing that. After more discussions with Law Director Dubelko, she will be coming back to Council ' with the scheduled meeting in the appropriate forum.