03/03/2009 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 3/3/2009 opportunity for public comment with regard to potential transit, bicycle, pedestrian and streetscape enhancements. 9) Today the EPA's public hearing on the Suburban Auto issue was held. Thanks to the many members of Council who were able to attend in addition to Safety Director Thomas, Service Director Limpert, and Assistant Law Director O'Malley. 10) Students from North Olmsted High School shared breakfast and a tour of Fire Station No. 1 with the North Olmsted Fire Dept. recently. The students had raised more than $2,000 on their December 19th day of giving. These funds were donated to the Muscular Dystrophy Association which is a favorite charity of our fire fighters. 11) Asub-committee of mayors and fire chiefs .met earlier today to review consultant proposals and organize interview questions regarding a Westshore fire district. The purpose of the sub-committee is to facilitate hiring the best consultant who would help our many communities with fire district analysis. Safety Director Thomas has played a large role in this discussion, and she will continue that effort. 12) A meeting of the Mayor, Human Resources Director and Safety Director was held with State Rep. Nan Baker regarding a variety of issues on the state budget. Discussed was the DROP program, the potential for changes in the HoteUMotel tax, and school funding. Currently the Hotel/Motel tax is capped at 3% that the city is able to bring in. It was suggested to the representative perhaps that could be adjusted. 13) New energy efficient lighting has been installed at the Community Cabin by the Service Department. The department will next replace the ballast and bulbs in the Senior Center to improve lighting. 14) The county is moving forward with the Stearns/Cook project by adding new sewers and pavement. Our contractor, DiGioia Suburban, will do the major patching of Stearns Road around the I-480 overpass. Once the asphalt plants open in April, current plans call for the replacement of all concrete in that area in July. We are trying to get that schedule moved up and have emphasized to the county that this is not only an issue of safety for our motoring public, but it's a quality of life issue for our citizens. Additionally with this project, a traffic signal will be placed at the DorchesterlStearns intersection. Law Director Dubelko: 1) Litigation report: • Szarka v. Board of Zoning Appeals. There was a recent ruling on February 18 by the Court of Common Pleas on a motion by the plaintiff for reconsideration of a prior ruling. It is essentially a technical ruling in that the court had committed a clerical error in neglecting to have a final order against one of the parties in the action of the city's Planning & Design Commission. That has been corrected by the court. There is presumably a final appealable order at this time, which the plaintiff would have 30 days from on or about February 18 to take an appeal to the Eighth District. That matter remains pending. • Ackerman v. City of North Olmsted. The city had prevailed on summary judgment; and, while the plaintifFs appeal was pending in the Court of Appeals, settlement was affected and that has been finalized. • City of North Olmsted v. Patel, a case involving a nuisance at a local hotel, the defendant has paid a second installment of $3,000 on a total fine of $15,000. 2) Summary of real property maintenance and zoning cases pending in court: currently the city has 14 cases pending that are either of real property maintenance nature or zoning 3