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Council Minutes of 11-18-75 <br />-2_ <br />Committee the possibility to consider advertising for bids far solid waste <br />disposal fees. <br />City 8ngiaeer Childs reported: 3) receivai notice last weak from the E.P.A. <br />that they have approved the design of the water main for City Lim 9nbdivision. <br />Mrs. Beringer asked Service Director Caster if there is any piblaity of hiring <br />a full time Dog. Warden as a part tea pt~ition is very ineffective. 1-fr. Caster <br />explained the situation sad reason wtt~r he is asking for coaalerattoa to establish <br />two part time positions and Mesa two people would be oa call. <br />Law Director Gateau reported: 1) The Court of Catsawoa Pleas is the case of Burkett, <br />et a1. vs. City of North Olssted, et al., cosmonly knaten as the gags F'2asat suit, <br />overruled the City's Nation to aiatfss the case, which in effect rewires the City <br />to ffle as answer. An svelter will be filed on behalf of thin City prior to ~c+reber <br />1, 1975. goinwr, at the tics of the tiling of aaa answer in ay ~udg~srtt it will <br />be necessary to include the etagiitresrt~ firs of Floyd Brosne & ~Araociates as an <br />additional party defendant. It is tie position of the Lair Dsprtroctm~t that both <br />Ziaspro and Floyd Browne. era isd~a].e parties, and 1f thence is any 1iAbility <br />because of defects is dasga, liability wouald presumably rest with either Zmpro <br />or Floyd Browne; <br />2) During tax collection tine of ewsy year, any property oir~rr say file an action <br />with the Board of Revision to haw t~ asrwrsse,d vali~tro of his pre~rty <br />decreased. It should also be pointed out that during that sssale period of ti~a, <br />either the City or the School Hoard arty seek increases in Wised wtuation. <br />Prior to this ties, wra have followed a pr~ras of contaits~tt, sertking to subttit <br />evidence attuking the credita~-ility of the evdeatca subsi.tted by Ceargs~srciai and <br />Multi-Penally property onrners. 'ii'th th;ls type of progr~t, ws are ~t coansidersd <br />to be a real party in interest, and sa con~uently, we were prohibited from <br />appealing any decision which was adverse to our interest. By the next Co?Rmcil <br />meeting, I will. present to Coil a progrsaaa v~&ereby the City's interest as well <br />as the School Board's will be prvte+ctsd to the eactent that the City and the Board <br />will have a right of appral frith reset to any adverse decision. At that tiaee, <br />I will seek Cov~eil's approval to e~erk upon this program; <br />3) Oa the 12th of r, 19711, Gia~c Chrysler Ply~nth appeared bye the <br />Board of Zoning typpeals for Hatt pvrpsa~+t of obtaining a vaxiae for the. twnfie of <br />sutos+obiles within the Sfl foot set~rack. I hed an opportunity to sacgue the case <br />before the Board of Zoning Appeals aw the Board refused to great a vari~c:. <br />As of yet, I have had no i>odicatiann that that decision will be app!sal.ed. <br />Mrs. Beringer, Chairman Bavirtal Control Committee sad Long Range Flazanti>~g <br />Committee, reported: 1) Bnvr tal Cos~trc~l ComsAttee set crn fiber 12, 1975. <br />Meeting was set up to meet with officials of Bay Village acid West2~tk+e to disctnss <br />the problem of storm- water transportation. Noirewr, t~stlake dial riot ,tbaor up for <br />the meeting as they previously stste~ soa~tson+t would be there, lttyor Rres+t of <br />Bay village was also is attendance. Mars. Beringer reported shoot ache a~rssilability <br />of a grant from the Soil and Water Coat~seairiratioa Cossission which could '~- pursued <br />by a petition for said grant via Section 1515.16 4bio B+evised Code. In speakiarng <br />to Senator Steno was inforsed this art t would be easier achieved i# <br />S.B. 334 bewares law. Will ask the Clerk of Council to acquire a copy of this bill <br />to review before asking for legislation s+r#pponcting said bill. A msetisag will be <br />set up at the end of Novesber idiere Mac. Aobart W. Tester, Director of Ohio Hegt. <br />of Natural Resourves will meet with us sad Westlake and Bap Village to discuss this <br />grograffi further; <br /> <br />