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i <br />Council Minutes of 9/20/88 _2_ <br />plaintiff did not prove damages since the water was cleaned up and the carpet <br />was not replaced. More significantly, the judge concluded that the reason for <br />the flooding was the under-design and lack of capacity in the lift station; <br />under the Municipal Tort Reform Act, a city is given immunity when there is a <br />defect in design. Law Director moved for involuntary dismissal and it was <br />granted. <br />2) Court hearing was held last week on the Halleen Case; presently, both sides <br />are working with experts and presumably this will be resolved. <br />3) Met with RTA last week to work out some final proposals; an agreement that <br />is expected to be presented will be forwarded to council within a week or two. <br />4) Assistant Law Director Dubelko met with EPA, City of Cleveland, and other <br />suburb attorneys to discuss the Garfield Heights landfill and exactly what the <br />EPA wants to do. <br />5) An ordinance authorizing the Law Director to sign afinal judgment entry with <br />respect to Developers Diversified is on first reading this evening. Proceeded <br />to explain what a judgment entry covers and also-fully described the Developer <br />Diversified proposal as illustrated on the artist's rendition and the two blue- <br />prints. <br />Mr. Boehmer, Chairman Public Safety, Health and Welfare Committee reported: <br />1) Moved council have no objection to the issuance of an F2 liquor permit for <br />Westlake Art's Council, Incorporated, 25000 Great Northern Corporate Center, <br />for an affair to be held on October 22, 1988, second by Mr. Bohlmann, unani- <br />mously approved. <br />Mr. Bohlmann, Chairman Intra-Governmental Relations and Legislation Committee <br />reported: 1) Legislation Committee met on September 13th with Mayor Petrigac, <br />Councilmen Tallon and O'Grady in attendance as well as Law Director Gareau and <br />Building Commissioner Conway. Committee discussed Ordinance No. 88-94 which <br />covers peddlers, solicitors, canvassers and transient vendors. Committee <br />recommended a couple of changes, the major one being that a permit must be <br />applied for ten days in advance of the date of usage. This will give the city <br />an opportunity to see that the allotted parking spaces are not violated; if there <br />is a violation, the permit will not be issued. Committee recommends approval of <br />Ordinance No. 88-94 as amended. <br />2) Committee also met and interviewed Marilyn Ransome for a position on the De- <br />partment of Human Resources Advisory Committee. Committee finds Mrs. Ransome to <br />be highly qualified and an outstanding candidate to serve on the DHR Advisory <br />Committee. Mr. Bohlmann moved council approve the appointment of Marilyn Ransome <br />to fill the unexpired term of Scott. Shepherd on the DHR Advisory Committee, second <br />by Mr. Wilamosky, unanimously approved. <br />In the absence of Chairman McKay, Councilman Wilamosky gave the following Streets <br />and Drainage Committee report: 1) Streets and Drainage Committee met on September <br />13, 1988, to discuss Ordinance No. 88-97 which deals with a joint agreement be- <br />tween. North Olmsted and Westlake to pave Maple Ridge Road between Walter Road and <br />Columbia Road. Originally, the City of Westlake was to serve as lead agency and <br />pay all contract costs - the City of North Olmsted would then reimburse them. <br />However, the City of North Olmsted does have a contract for Bomag; Westlake does <br />not. There is legislation on the agenda this evening, Ordinance No. 88-]:00, which <br />provides for a transfer of funds to cover North Olmsted's share of the cost so <br />therefore, the money is available right now. Committee heartily supports the <br />resurfacing of Maple Ridge Road. <br /> <br />