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,? • ? - - CITY OF NORTH OLMSTED PLANNING COAIVIISSION NIINUTES-SEPTEMBER 27, 1994 1. ROLL CALL: ChairnLan Gorris called the meeting to order at 7:35 p.m Present: D. Cameron Alston, P. Miller, L. Orlowski, K O'Rourke, R. Tallon, J. Thomas, and B. Gorris. Also Present: City Engineer Deichmann, Assistant City Engineer Griffith, Building Commissioner Conway, and Clerk of Commissions Oring. Law Director Gareau arrived during the recess. Chairman Gorris advised that the Nemeth Lot Split (Section N, Item 1) had been withdrawn by the developer. II. REVIEW AND CORRECTION OF MIlVUTES: P. Miller moved to approve the minutes of September 13, 1994, minutes as submitted, seconded by K O'Rourke. III. BUII.,DING DEPARTMENT REQUESTS: 1) Water Tower Square Shopping Center, Located on the former Sherwin property (including back land of Cross Roads Automobile Dealership) on Lorain Road, west of Dover Center Road. (Continued from meeting of September 13,1994). . Proposal to construct shopping center. Since the developer's attorney had presented a letter to the Commission just prior to the meeting, Mr. Thomas believed that this proposal should tabled until the Commission has legal representation from the city. He did suggest that there could be some kind of informal d.iscussion of the proposaL Mr. Aapandreas, representing the developer,. explained that Mr. Gavin, their attorney, would not participate in these proceed.ings, the purpose of the letter was to inform the members of the advice that he had given them and asked that the proposal be heard. Mr. Gavin, attorney, clarified that he wanted to make the developer's position clear, he did not intend to participate in the discussion. He advised that he had read the transcript, and believed that the Commission was going a little astray. He maintained that they did not need advice from the Law Director, they only needed to follow the existing laws, and asked that the plan be considered pursuant to those laws. He urged the members to continue with the discussion because delaying it would only complicate the issues and cause a bigger problem, and reiterated that he did not intend to participate in the discussion. Mr. Gorris responded that the Commission had made the same requests of Wa1-Mart last fall (on the same property) that they just did for this proposal, and the legal department did not question or challenge them, now apparently it is. different. Mr. Gorris asked that the discussion go on and hopefully the Law Department would show up. The members reviewed the. letter which cited various cases pertaining a property owners' rights to use his property and maintain existing access to that properiy. Mr. Thomas noted that Wal-Mart never had an attorney at their discussions, Mr. Gavin had been present, but only as the attorney for Sherwin William's. Mr. Orlowski stated that he believed that the Commission was within its rights