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would be directed down. The city has a noise ordinance which regulates noise when <br />it is a nuisance. There are no plans at present to expand into the properties on <br />Dover Center Road. Mr. Gorris advised Mr. Herbster how this proposal would <br />proceed through the city's approval process, that the B.Z.D. will review prior to <br />going to Council for a final approval, and that a11 of these meetings are open to <br />the public. In reference to questions about petitions or referendum, Assistant <br />Law Director Dubelko advised that since Council approves by motion, the proposal <br />would not be subject to referendt:mi laws and an initiative petition would not <br />legally stop it, however they could consult with an attorney as to what could be <br />done as a group. Mrs. Herbster was advised that no further notices would be sent, <br />it would be their responsibility to follow the proposal through the various <br />boards and commttees and they would be given an opportunity to talko Mr. Gorris <br />advised that the developers apparently only looked at two parcels, the use of one <br />of ther.i had been dictated by the courts and was not zoned for retail. Mr. Thor,ias <br />advised that because that parcel went into court, the city lost control of the <br />development and a judge determined what could be put there, and that could happen <br />if someone was prevented from developing a property for which it was zoned, <br />asstuning that it met all the codes and ordinarices of the city.- He further advised <br />Mr. Miller that the previous motion did not specifically state cross access to <br />ma,jor businesses. Mr. Trapp, a resident, stated that he was amazed that there <br />have been no fatalities at the Lorain/1'or.ter/Butternut intersection, because <br />pedestrians are in the cross walks when the light turns green for cars, and he is <br />concerned that with this increase in traffic there may be fatalities. Mrs. Sokol <br />objected to Mr. Newberry's statement that'his secretary should not be bothered by <br />phone calls, when his company.is causing ?air, noise, light and traffic pollution. <br />Mr. Newberry reiterated that he is only a consultant. Mr. Dubelko advised Mr. <br />Popatto that the Building Department reviewed for code compliance, the Planning <br />Commission reviewed the plans for adverse impact upon residential areas, traffic <br />safety, and aesthetics. The code is written so that the Commission is allowed to <br />lessen these inpacts to the greatest extent possible, but it does not give them <br />the authority to turn down a plan completely. The developer's obligation is to <br />comply with the city's regulations with respect to on-site problems, but as far <br />as the streets and the infrastructure of the city is concerned, some of the <br />obligation shifts to the city. Regarding comments about hours, T1r. Dubelko <br />advised that, at this time there is nothing to prohibit any store from operating <br />24 hours a day; however, if a store does stay open for 24 hours, and has a <br />adverse impact on a neighborhood, it would be in the city's purview to enact <br />ordinances to regulate the business hours if the city could demonstrate that <br />these hours had an effect on the health, safety, and welfare of the conm7unity. <br />This was done in the past to regulate drive thru restaurant hours. If Wal-ria.rt <br />does get approval to build,.Mr..Limpert asked what, if anything, could be done to <br />help off set the city's 1 to 5 million doTlar expense for improvements to the <br />roads and could they perhaps split the cost of these repairs. Mr. Dubelko advised <br />that there were impact fees which could be levied, but in order for them to hold <br />up in the courts, the city must .justify that this proposal is generating an <br />impact on the city's infrastructure that is different than what others are <br />generating. Frequently there is some negotiating between the city and developers <br />because both parties have an interest in getting these things accomplished. Mr. <br />Gorris would like some direction from the Law Department as to how the Commission <br />can ask this of the developer. Mr. Skoulis questioned if the city could possibly <br />deny this on the basis of traffic since it appeared that the only way to <br />alleviate these problems would be to buy properties on Dover Center Road to widen <br />the road. Mr. Deichmann stated that his figures did include a rough estimate of <br />acquiring the least amount of property necessary to add lanes. This will not <br />13