09/20/1977 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 9-20--77 -2- City Engineer Childs zeported: 1) regarding the new storm sewer to be installed on Mill Road - we now have a contract with G R Sewer Construction Company and the contractor is supposed to start work tomorrow: if we have favorable weather he could be finished in about two weeks; 2) the Clague Road Culvert - we have been advertising for bids and bid opening on that job is scheduled for September 3fl, 1977; 3) Sidewalk Repairs - at the present time the contractor has completed about 3pX of the sidewalk repairs that had been scheduled for this year. The contractor is moving rather slow and at the rate he is going it appears probable that he will not finish all of the planned work during this construction season. If that happens, we will have him back next Spring to finish up; 4) Status of the new residential sro~livisiama: (a) the Siebenhar Subdivision: as indicated sometime back, all of the major subdivision i~rovements are completed and now the construction of houses is wall alaag, astd recommend acceptance of that subdivision for dedication for maintenance purposes. The ordinance is an first reading tonight. Mr. Fairfield pointed out that they changed the name of the road from West Ranchview to a new names and the new name should be put on the ordinance before same is read. Mrs. Sharpe stated sate is making a motion on that tonight; (b) Birch Circle - all of the major subdivision improvements are cosstpleted and there are just a few miscellaneous items to be cleaned up: construction of houses will be starting anytime now; (c) Tallwood Subdivision - all of the underground improvements are done - wader main, sewers, but they have not qet started the work to pave the streets. President Limpert asked if there is any particular reason why the contractor is behind schedule. Mr. Childs stated he thinks he has been low biddex on another job and in addition to sidewalk repair work he is doing for us he is also low bidder on the street repair jab with us, which he has not started yet, and he also has some work going in Berea. Be has divided hie crew up into at least two crews, and while they are working here right along they are moving slow because the crew is small. Mr. Childs stated in fair~ss to the contractor, this type of job by nature has to move slow and even mare people would not speed it up a great deal but it would help samecohat. Mrs. Sariager asked if the contractor is finishing the sidewalks first or is he repairing the streets along with it. Mr. Childs stated we have to have conversation with the contractor to determine how we go from here. If he could move the second crew in and work in parallel on both thinks we would be receptive to that idea. Otherwise, he would try to finish the sidewalks before he does the streets. Mrs. wringer asked if it would be this year. Mr. Childs stated he is not sure that would be possible. Law Director Gareau reported: 1) today had a hearing on a preliminary injunction on the Warchol case which deals with baseballs flying over and hitting a house near Clague Park. We suspended the hearing because of the fact that the baseball season is over and it has basin merged with a final hearing. However, there is a meeting this Friday with the l~iayor, Safety Director, Law Director and the attorney for the plaintiffs. If we cannot resolve it there then the Judge has scheduled a pre-trial conference to be held on the site on November 18th. Will find out Friday if anything can be worked out; 2) the Burkett Case dealing with the odor from the sewage treatment plant: it has been assigned to a new judge - Judge Purest now has that case and we previously filed a motion to dismiss which was not granted. The Judge has a$a3.n given us leave to file a motion for summary judgment and basically that is that there are no issues of fact - just issues of law involved. He has also gives the plaintiffs the right to re-ripen the question of class action. Law Director Gareau has written and it is being typed now, a motion for summary judgment based on an Akron case