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IMPORTANT COUNCIL MINUTES (1-21-03) Requesting Council to approve Planning Commission’s recommendation for building 13 houses on vacant land on Mills Rd:

OWNER: Latina & Latina Builders, Inc.
REQUEST: Preliminary approval of 13 lot subdivision, Woods of Stradford
LOCATION: Vacant land on Mills Rd. south between Barton Rd. and the Cuyahoga County line
PC ACTION: Approved and recommended to Council

MOTION by Olesen, 2nd by Swindig to approve
Council Member Butkowski: There was a lot of discussion at this meeting about the water that sits on this plot of property. Some of the people's concern, even from Center Ridge, that there might be septic water flowing down from Center Ridge because there's no sewers in that area, up Center Ridge. There hasn't been a wetlands study there and I have seen a lot of water sitting there. The neighbor was very concerned about it. I would like to see more preliminary plans on how much of that property is a wetland. I realize when they develop it they're suppose to be keeping their water on that land. There's so much water on the surrounding areas that we're going to have to make sure with our new Engineer that the water is taken care of in the entire area and not just on this land. I can't see why we should approve this without some kind of wetland study or something as a preliminary before we continue on with this.

Council Member Johnson: Mr. Chairman, notes from Mr. Beutler bring up the same point. It says verify approved wetland if not an issue. He'd like to see rear yard drainage. There's also a question from Mr. Fursdon about sublot three and sublot six not meeting the 90 ft. minimum. I think there are a few too many questions on this to pass it tonight.

Council Member Olesen: Mr. Chairman, you have to keep in mind this is only preliminary approval. I too question the drainage of that property as a number of people came forward to express their belief that there is an absolute problem there. It's only preliminary and anything that we do to finalize this development will be done after we get final approval and it passes the engineer's scrutiny. So, I don't think we have a real problem here in approving this tonight because it's not going anywhere until we get final information on this property.

President Gillock: I agree. This is a preliminary approval. This is why you have a preliminary approval to discover problems like this and point them out so that the administration and engineering department can make the studies to determine if there's wetland problems, if there's drainage problems and address those before they're given final approval. I think if we try and make those studies before the preliminary approval, we may be putting the horse before the cart. They're not going to do those studies unless they get the preliminary approval.

Council Member Butkowski: Mr. Chairman, I have a lot of problems putting my name on something that already we're very aware that there's flooding problems here. While you say preliminary approval, when they start going ahead with this, they're starting to put a lot more money into it then what they will be for a preliminary approval and I can't see giving preliminary approval to something that we already know we have a major water problem there and they offered no land. It didn't even sound like they were thinking about solving the problem with water there and I think we have to be sure that they are interested in solving the water problem that exists in that entire area or at least working with the City to solve it.
Council Member Buescher: Mr. President, my concern is that we're between engineers right at this point and I think that it would be a better idea for the new engineer to look over this whole project before we give any approval because there apparently is a sever problem with flooding over there in the existing homes already.

Council Member Johnson: Mr. President, I agree with the Chair that preliminary approval is part of the process where problems are brought up but, when the problems are large enough I think it behooves us to turn down the project on preliminary approval to have it go back and have it redesigned. Thank you.
President Gillock: Please call the roll.
Yes, 3 No, 4 (Buescher, Pagel, Butkowski, Johnson)

(NOTE: Many Ward 4 residents attended the council meeting and voiced objections to building 13 homes because of existing unaddressed flooding problems.)
Council Minutes (2-03-03) Regarding Special Development District (SDD) legislation:

COMMITTEE REPORTS:
Clerk of Council Norris:
1) BUILDINGS & LANDS COMMITTEE REPORT #7224 Members of Council: We have considered the matter of T 65-2003 Revised, an ordinance establishing Special Development District as a new zoning classification in the City for N. Ridgeville and recommend that this request be approved with changes as outlined in the redlined copy attached. (amendment discussed at length.)
Signed: Chairperson Robert W. Olesen, Members Buescher and Pagel.

MOTION by Olesen, 2nd by Swindig to accept
President Gillock: Is there any discussion?
Council Member Pagel: Mr. President, in the work session there were concerns also about consulting an outside legal person to go over this. I believe if we pass this report tonight it's a good report that I would be in favor for an outside legal counsel to look over this report and we also have three additional committee meetings whereas, if this comes to us, in front of us in an ordinance form, we still have three additional meetings to approve that ordinance and also inspect it further.
Clerk of Council Norris: Amendment is approved by a vote of 7-0.

President Gillock: Further discussion on the adoption? Mr. Johnson?
Safety-Service Director Johnson: Yes, Mr. President. As far as the legal opinion, I'm sure the professional planners we have has also done this in taking it to a legal department they would have. I don't see where outside legal expenses, which I don't believe that Mr. Costin would think that our City is in such financial shape that we can frivolously spend money. I feel by the professional planners doing this, we should be able to rely strictly on this ordinance. Thank you.
President Gillock: Is there any other discussion on accepting the report? Please call the roll on accepting the committee report. Yes, 7 No, 0
Clerk of Council Norris: Report approved by Council seven to zero.

Council Member Buescher: I move to hire outside legal counsel as provided to Council by the City Charter for an attorney with expertise in real estate or zoning procedures.
Council Member Butkowski: I'll second that.
President Gillock: Are you going to put a monetary limit on that, not to exceed a specific amount? Because they can for over $15,000. I think we need some kind of limit.
Council Member Buescher: I wouldn't know what the expense would be on that.
President Gillock: To me, that's a key issue. I might be willing to go along with a thousand or $1500 but I wouldn't want to spend 12 or 13 or 14 thousand dollars or more.
Council Member Buescher: I would say not over $2000 then.
MOTION by Buescher to refer this to outside legal counsel in an amount not to exceed $2000, 2nd by Butkowski
President Gillock: Is there any discussion on the motion? If not, please call the roll.
Yes, 4 No, 3 (Swindig, Olesen, Gillock)
Clerk of Council Norris: Motion is approved by a vote of four, three.

(Please note the Special Counsel determined the SDD legislation could open the city to lawsuits nor does it conform to our City Charter. Review the entire legal decision on http://www.maxpages.com/minnickward4)

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Law Director Zagrans Annual Report for 2001, from Minutes of regular council meeting 2-19-2002

Notwithstanding all of the major civil litigation in which the City was involved during 2001, the Law Department still expended only 53 percent of its budgeted amount for legal services and litigation expenses. In other words, departmental expenses on civil litigation for the year 2001 came in at 47 percent under budget.

(Despite the administration’s claim that the city incurred major legal expenses because of the effort to preserve your right to vote with regard to the referendum petitions, Mr. Zagrans’ report contradicts that statement.)

(For verification of the above minutes, log onto http://www.ci.north-ridgeville.oh.us/urlsrch.htm)

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Page Updated Fri Oct 1, 2004 11:21pm EDT