10/25/1994 Minutes - Laserfiche WebLink

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approval or disapproval is up to Council. Mr. Thomas fiuther questioned what the members personal liability was regarding approval or disapproval. Mr. Dubelko stated that could not give an off the cufl opinion on this, but believed that their tort liability was extremely limited. He would really need a specific concern so that he could study tlus further. Mr. Gorris asked what if they did not believe that tlus development is in the best interest of the city. Mr. Dubelko stated that they took au oath to follow the law, and when a proposal comes before them there is a presumption that it meets certain iniuimums of the . code, and the Commission's job is to review it for impact considerations, if they find no adverse impact their job is to approve it, but if it has negative impact and the builder's plans can be modified to ameliorate those concerns, these recommendations should be passed onto Council. It would not be appropriate to look aside from legal responsibilities and disapprove something because they think.it is not in the best interest of the city; this is not cousistent with the oath that they took. Mr. Gorris noted that this would leave them wide open for personal liability. Mr. Dubelko responded that a person is always iu a better legal position to follow the law and follow legal advice, and under that condition when a- person is acting in a planning capacity, exposure to any kind of court action is extremely limited. Mr. Papandreas advised that he will see if his tenants would be williug to reduce the parking space requirement in their leases. It was suggested that the proposal be tabled u.util there is a response from the tenants. Mr. Papandreas stated that they do ueed a referral to the Building Zoning and Development Committee tonight, but after that referral is given he would be happy to let the Conunission know what the result of the inquiry is. Since this was an agreement with their tenants, they did not expect the City of North . Olmsted to get into the way they conduct their busiuess on a site that is zoned for retail aud for wluch they have met every requirement. Chairman Gorris advised that the members would like to take 10 minute recess to go into an executive session with the Assistant Law Director. After Chairman Gorris reconvened the meeting, Service Director Ralph Bolilmaun addressed the Commission. He expanded on the difference between the 4 million cost versus the 1.2 million dollar cost for infrastructure and road improvements that has been discussed. The initial plan called for the acquisition of Heller's, Roony's, Suburban, a part or all of Rally's, purchasing 2 foot of additional right of way on the south side of Mill from Porter Road to Dover Center Road, adding a traffic liglit ou Lorain Road, a right hand turn lane on the southeast side of Dover Center Road which would have involved acquiring Ari's Restaurant, a right hand turn in front of Lazy Boy's which might have required might have included land acquisition. So that *proposal would have included several millions of dollars of land acquisition and this should give the . Commission a better feel for why they are now at 1.2 million, in lieu of 4 million. He also understauds .,that when the city files the Issue Two application, that Carnegie Management had agreed verbally that ,xhey would donate the 10 foot of right of way needed on the south side of Mill Road, and he asked that they be made part of the minutes. Mr. Papandreas stated that they have agreed to this and explained that ?.there is roughly 830 feet of frontage on Mill Road and if the city elects to widen Mill Road, they would wholeheartedly donate the laud that would be required for that. He noted that the estimated value of the land is well over $200,000. but they are willing to do this to cooperate aud alleviate some of the Board's concerns. They have intentionally designed the site so that it would accommodate that acquisition, if it is necessary. Mr. Herbster, a resident, advised that, after tallking to the developers, they advised that, if the residents would withdraw the objections that they have to this site, they would be willing to put a deed restriction on to limit any single store to 80,000 square feet which would make it impossible for them to combine any two stores together, feasibly they would only be able to divide one store and add it to two adjacent stores to keep them under the 80,000 square feet. Mr. Papandreas agreed that this was correct, but stated that they were making concessions to get an approval vote from this board tonight, but if that approval is not received these two concessions that they just mentioned would not be available. Nlr Herbster again stated that he would withdraw all objections, if t}us restriction is included to keep these 6