11/07/1984 Meeting Minutes - Laserfiche WebLink

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'`, ar MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF NORTH. OLMSTED NOVEMBER 7, 1984 Present: President James Boehmer, Councilmen Bierman, O'Grady, Petrir~ac, Rademaker, Saringer, Tallon, ~~lilamosky. Also present: Mayor Robert Swietyniowski, Law Director Michael Gareau, Finance Director Edward Boyle, Clerk of Council Florence Campbell. Meeting was called to order by President Boehmer at 8:10 P.M. Members of the audience were invited to ,join Members o.f. Council in reciting the Pledge of Allegiance. Minutes of Regular Council Meeting of October 2, 1984, were approved. Minutes of Regular Council Meeting of_ October 16, 1984, were approved. Minutes of Special Council Meeting of October 22, 1984, were approved. Minutes of Special Council Meeting of October 25, 1984, were approved. President Boehmer announced that Ordinance No. 84-108, an appropriation ordin- ance was being added to tonight's agenda. Law Director Gareau reported: 1) Two appeals out of the Zoning Board of Appeals have been filed in Common Pleas Court. The first, Roman Gardens Condominium vs City of North Olmsted,. has to do with placing garbage dumpsters in the front set- back area. The City really does not have any regulation in the Zoning Code dealing with this - only in the "definition" section. The other case deals with a swimming pool that is closer than the five feet required by the Zoning Code. Although this case showed up in the daily legal news, Law Director has not yet been served with papers. 2) A lawsuit was filed, Bellinger vs City of Rocky River, Ben Wright, Clerk, and City of North Olmsted, with respect to an individual who was arrested on capias, even though the capias had been suspended a year prior to the arrest. City of North Olmsted is insured for this particular loss; the insurance company has asked Law Director to handle this and any fees generated will be placed in the general fund. This same insurance company handled the Vicarrone Case; Law Director has billed them in this instance and monies should be coming back to the City of North Olmsted. 3) A lawsuit was filed against the City of North Olmsted by Burger King with re- spect to the enforcement of pickup window closing at 12 o'clock. They had not been complying, claiming they had some "grandfather clause". City of North Olmsted did prosecute; case is pending in Rocky River Municipal Court; Burger King has filed an injunctive action against the City; hearing will be held on Friday. 4) The Bus Line Case, Cooper vs the City of North Olmsted, a civil rights case, has been set for trial on November 19, 1984. Depositions were taken today; Law Department will be ready for trial on the 19th. 5) The Zurawski Case was argued in the Court of Appeals last week. There were two cases: one, an employment case and the other a case against the City indicating that Mr. Zurawski believed he was entitled to Civil Service protection by virtue of the Charter of the City. Law Director expects to hear resu]_ts of this case in the next couple of months.