10/19/1999 Meeting Minutes - Laserfiche WebLink

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Council Minutes of ?0/19/1999 back before the City Council for dedication. There are two more processes that have to go through the City Council, one of which would be to approve the development plans for that road and the second would be to dedicate it. Mrs. Kasler asked how Aetna Door Company felt about this project. Mr. Simecek said they had not heard from Aetna Door; but he would imagine that, if they did have a concern, it would be that the road was close to one of their driveways. Mrs. Kasler asked if there has been any contact with Aetna Door. Law Director Gareau said that, when the actual plans come in, as opposed to the concept, and pass before the Engineering Department and the Planning Commission, there would be an opportunity for them to have input. Mr. O'Grady asked Law Director Gareau if what Council was preparing to vote on was a concept. Law Director Gareau said it was, but it has detail. Basically, the agreement is indicating that this issue must come back before Council. Again, this is authorizing the Mayor to sign a letter of intent. We do not have the exact location of the road, the width of it ,the depth of it or the way it is going to be constructed. Whenever you build a public road in North Olmsted, the issue of dedication is a completely separate piece of legislation. Mr. O'Grady asked if this is an agreement that would be legally binding upon the city if approved today-an agreement to the point that we would approve this road in this location generally. Law Director Gareau said there are escape measures in the agreement indicating that really Council must approve it. Council is authorizing the approval of the agreement by the Mayor. Subsequently, Council must address the issues dealing with the final approval and dedication of that roadway. Mr. O'Grady said, although it is always nice to do something for a neighboring community and to support an established and respected business, his concern is that Council would be taking a vote today to put a road in immediately adjacent to the property of a business in North Olmsted without having input from that business. He has great concerns about that- concerns to the point that he'd recommend that this issue not be passed under suspension so that people who are most affected can express their opinions. Law Director Gareau said he did not share that same viewpoint simply because it is not characterized in that fashion. This is not an approval for that road in that location with all specifications without having it pre-reviewed by the City of North Olmsted. It is solely a commitment to have the Mayor sign this agreement. Mr. O'Grady asked if this agreement says we agree to put this road in this location? Law Director Gareau said the purpose of the agreement is to establish and clarify the rights and responsibilities and liabilities of the parties to this agreement with respect to that portion of the proposed dedicated public roadway currently identified as Cypress Avenue which will be located in North Olmsted. The Planning Commission was concerned, and we shared that concern when this proposal first came up in that we wanted no liability. We didn't want to be responsible for building it, for maintaining it or for getting the warrant from the State of Ohio to put up traffic signalization. The Planning Commission did not have a problem with concept. They simply wanted to make sure that we had some sort of agreement that would have been contemporaneous with their approval. 8