02/06/1990 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 2/6/90 -3- 2) For further clarification, the Wastewater Treatment Plant. was never designed ~~ to use inactive carbon; EPA has requested the city to substitute the active carbon for inactive carbon thereby running the plant as NOT designed. They have come up with a substitute method of operation. One issue the city has fought all along was the imposition of permanent limits with respect to heavy metals such as copper and cadmium because there is a failed technology. There was no question that we would not meet the imposed guide lines and would be subject to fines. City will still have the overall limits problems that are not going to go away with the use of inactive carbon. 3) Took depositions in the. personal injury case where a young man fell on a bicycle while riding on David Drive; still attempting to resolve this issue. 4) Attornies for Mrs. Faughender have filed a notice of appeal to the Sixth Circuit Court with respect to the Faughender Case. 5) The Cooper versus .Smith Case, personal injury case, has been referred to arbitration. 6) In the personal injury case, where a city snow plow hit a van and the Law Department refused to pay the property damage because the Municipal Tort Reform Act provides that the city does not have to do so, city is now being sued. 7) Since Ron Wilamosky has assumed the responsibilities of Director of Personnel and Administrative Services he has keen conferring with the Law Department on a regular basis and is actively pursuing workmens' compensation cases. This is an area that needed to be explored and will pay dividends because the city now has someone to represent its interest before the Workmens' Compensation Board. 8) Just as an update on the law suit filed against the city regarding a fire fighter's claim for vacation credit for prior time served with the National Guard, the case is on a mandamus in the Court of Appeals. The Court of Appeals asked the Law Department for a list of things that it could stipulate to and this was complied with. The opposing counsel refused to agree to these stipu- lations because they did not seem to comport with his idea of what the facts were. City will now go to a fact finding hearing to determine what the facts are in this case. 9) Since the last council meeting, Law Director attended a conference on land use and planning and constitutional questions dealing with zoning and impact fees; it was an extremely worthwhile conference and probably the most informative one Mr. Gareau has attended in his twenty-three years as an attorney. 10) As reported by Mayor Boyle, the EPA sewer tap-in ban suspension has been continued until late March. Finance Director Burns reported: 1) Yesterday morning, met with Mayor Boyle, Safety Director Gundy and Service Director Bohlmann to discuss the possibility of restricting the issuance of permits, as well as holding up refunds of permit fees, to people who are past due on the payment of taxes. Will be meeting with the Law Director to discuss the legalities of such an action and what legislation would be required to do this and what clauses may be required in specifications and contracts to enable the city to do this. Mrs. Saringer, Chairman Building, Zoning and Development Committee reported: 1) BZD Committee met on January 30th with all members present as well as Building Commissioner Conway and Assistant Engineer McDermott. The following items were discussed: a. Valvoline Instant Oil Change, 24866 Lorain Road; refused plans to construct building. Originally approved by Planning Commission on July 26, 1988, Due to difficulty in acquiring the property, a basic change reducing the four bays to two bays was necessary. ARB recommended not to use yellow, high pressure sodium lighting and the representative was in agreement. (Councilwoman Bahas now present as of 8:30 P.M.)