06/19/1990 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 6/19/90 -2- 2) Has finished the Faughender Brief and it has been filed. Also filed the Sunset Memorial Brief this past week. Has filed an answer and a motion for summary judgment in the Hirz Case; basis for the summary judgment motion is that the statute of limitations is wrong. 3) Law Director and. Service Director met with Attorney General about two weeks ago in Columbus. Met with the EPA regarding the tap-in ban and .have basically reached a resolution with respect to this dispute which provides that the City of North Olmsted will live up to the. commitment of the 1983 SSES Report. This commitment requires the. city to eliminate certain infiltration and inflow into city sanitary sewer systems and must be accomplished by April 1, 1991. 4) In the past four or five months has had a number of meetings with Mayor Boyle and Service Director Bohlmann with respect to Olmsted Township and the problems they were having with sewer connections due to new buildings and expansions. For almost a year and a half, the former administration negotiated agreements with the county dealing with certain restrictions on the flow coming out of the Township. Certain restrictions were placed on the administration;. placed on people in the district of the township and also on the County Commissioner to keep within certain flow parameters. Despite these restrictions, tap-in permits were issued which were. far in excess allowed by the contract. Law Director has issued a legal opinion indicating that such permits were not permitted by the ordinances of the City of North Olmsted, p rt.cu~.arly with respect to the West Oak Project, Oakwood Estates, and roject. Have advised Service Director Bohlmann to inform Mr. that h se III is beyond the capacity set aside for the Township and to refund Mr. `d~h's check in the amo t o - $168,025 which was the tap-in .fee .paid in early December 1989. Mr. should have been aware of the limitations and if he wasn't, he dealt with officials who said it was okay at his own peril. Law Director suspects more will be heard on this matter but believes that the above action was necessary. In the future, would hope that any public official would realize that when council passes an ordinance setting limitations that all administrative officials must comply with such an ordinance unless it is amended. In this case, it wasn't done and it drastically affects the. ability of the City of North Olmsted to provide sewer service to its own citizens let alone the citizens of a township. Finance Director Burns reported: 1) Council will be recessing in the middle of July for vacation, however, there are certain pieces of legislation that need to be passed under three readings: one being the 1991 budget and two others addressing special assessment notes and bonds on the Industrial Park road. This will probably call for two special council meetings. Additionally, the third reading on the $200,000 note covering additional funding at the Rec Center will also have to have a third reading at one of the special meetings. Mrs. Saringer, Chairman Building, Zoning and Development Committee reported: 1) BZD Committee met on June 13th to discuss the following: a. Barlo Plaza III, 30572 Lorain Road; proposal to construct addition to existing retail building. Approved by Planning Commission on June 12th and ARB on May 16th. Abutting residents have requested that a board- on-board fence be erected on the northern property line and part of the eastern property line. Mrs. Saringer moved council approve the Barlo Plaza III proposal as stated above, incoroprating suggestions of ARB, Planning Commission, the City Forester and BZD Committee, which include that lights in the building will be wall-wash lights and fixtures were to be approved by Building Commission and an engineering site plan submitted, second by Mr. Tallon, unanimously approved.