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HomeMy WebLinkAboutEXECUTIVE SESSION - 02/24/1998 - LITIGATION/RELEASED RES NO 14-01 EXECUTIVE SESSION Date Februarv24. 1998 Time Z:15 p.m. Chernick Conference Room TOPIC: LITIGATION X PERSONNEL LAND ACQUISITION VILLAGE BOARD VILLAGE BOARD MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT C. JOHNSON G. PARKIN President Village Manager N. CZARNIK R. RUMMEL Village Trustee Asst. Village Manager B. Dill S. NIEHAUS Village Trustee Asst. to the Manager P. FEICHTER G. KNICKERBOCKER Village Trustee Village Attorney S. LISSNER Village Trustee J. PETRI Village Trustee C. PROCHNO Village Trustee Pursuant to a duly made and approved motion and a majority vote at a regularly scheduled meeting of the Village President and Board of Trustees on February 24, 1998 this Executive Session was called to consider a Litigation matter. Number of pages attached: 1 Date(s) of review for release: July 1998 Date of approval for release: a7'�I 2/24/98 7:15 p.m. Litigation The Village's Special Counsel, Ron Zamarin, reviewed the history of Busse News Video's litigation against the Village and brought them up-to-date on current proceedings. Zamarin stated that Busse News Video was seeking a temporary restraining order (TRO) requiring the Village to issue them an occupancy permit for their building at 1461 Busse Road.. Zamarin stated that he was preparing the Village's response for submission to the court by March 6. Zamarin recommended that the Village should continue to deny the issuance of a business license to Busse News Video on the grounds that they had not submitted the necessary building permit application. In addition, the Village should argue that Busse News Video was not using their building for warehousing use, which would cause any retail sales in the building to be a violation of the zoning ordinance as it pertains to 1-2 uses. Zamarin also suggested that the Village Board consider amending the Municipal Code to create some objective criteria for defining wholesale and retail sales. Upon further discussion, the consensus of the Village Board was as follows: • to deny Busse News Video's request for business license, and • to have the Village Attorney prepare a Municipal Code amendment to provide objective criteria for confirming retail sales as an accessory use in the 1-2 zoning district. The meeting adjourned at 7:45 p.m. Ik