10/19/1999 Meeting Minutes - Laserfiche WebLink

Home Browse Search

Council Minutes of 10/19/1999 Tom Schrader, attorney for Q-Panel who helped draft the agreement, noted that in Section VIII it says that approval is required. What that is clarifying is what Mr. Gareau was talking about. That is, this approval of a letter of intent by this Council has nothing to do with the actual construction of the road or the location of the road. What Section VIII says is that these two cities are entering into this agreement. But it says it does not guarantee the acceptance of the proposed dedicated roadway. It says it has to be constructed in accordance with the appropriate plans of the various cities and has to subsequently be approved by the cities and their respective Council. So those protections are built into this agreement as opposed to somehow this city right now entering into an agreement that somehow is a concern to Council that they are binding themselves into something right now and binding the adjacent property owner. That is not going to happen. There will still be hearings and there will still be an opportunity for engineering to make sure that everything conforms. Law Director Gareau had made suggestions as to what he wished to have in the agreement for additional protections and benefits for North Olmsted, and everything he requested was added. Law Director Gareau noted that the object was to make sure that the authority of the City Council of North Olmsted was not compromised. Mr. Nashar asked when Q-Panel intended to address the issue with the neighboring business. Mr. Schrader commented that, as a matter of common courtesy, he would say that it should have been addressed. There are possible solutions if any difficulties are encountered. They will talk to Aetna Door to make sure the company understands exactly what is going on. Last night this letter of intent was approved by the City Council of North Ridgeville. If North Olmsted's City Council approves it, then they can go forward with plans-not the construction of the road. Obviously, Aetna door is part of that. Mayor Hill commented that, simply put, this agreement means to North Ridgeville that they will be responsible for the maintenance and repair of the road if it is built. Mr. Miller asked if Aetna Door had been notified of the Planning Commission meeting and if they were present. Law Director Gareau said they would have had to have been. The city is required to notify adjacent property owners when a proposal comes before Planning Commission. However, he does not believe Aetna Door was present at the meeting. Mr. Zagrans said he had no personal knowledge of whether Aetna Door was notified but feels they should have been to conform to North Olmsted laws. Tom Hreha, member of the Planning Commission, came forward to say that Aetna Door was not present at the meeting but he presumes they were notified. Mr. Miller asked if North Ridgeville was compensating Q-Panel in some way to allow the road to go on their property. Mr. Zagrans said that, if this agreement goes through this evening and thereby enabling the parties to enter into a settlement agreement tomorrow, there will be no compensation by North Ridgeville to Q-Panel. Mr. Miller said he assumed their benefit is that their property value will be increased because there is a roadway accessing it other than Lorain Road. Mr. Zagrans said that was a fair presumption. Mr. Miller noted that historically, when the value is increased on Lorain Road frontage, the tax benefits to the city increase. He is wondering how North Olmsted is going to be compensated for the 9 ~,.. ~...., <~ <,.,.,.~ . ,r,,, , , ,.. ,