01/05/1999 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 1/5/99 a minor change format request to shield the lights, but it should be noted that this will not ~;i., be the end of the matter. If the light is not zero at the lot line with the addition of the shields, they will be required to make further modifications. This problem has gone on long enough. Mayor Musial asked if Manor Care had indicated why they are not complying. Councilman Gareau said they had not, and he has personally been working on this problem since April or May. He had become frustrated with the situation and had requested the Law Department's help. At that time, Manor Care submitted the minor change format request. Mayor Musial said the issue would be looked into this week. Mrs. Saringer wondered whether it might be a good idea to resurrect the two lighting ordinances that had been tabled a number of years ago. Perhaps it would be helpful if the Planning Commission had legislation to back up their recommendations. Mr. McKay said that there are guidelines and the Planning Commission requires zero light at the lot line. Another piece of legislation will not help if the current requirement is not enforced. Law Director Gareau commented that the boards and commissions do have discretionary power, and policies of the Planning Commission can be enforced because they are conditions of the issuance of permits and approval of plans. It is incumbent upon the people who enforce the laws to make sure that developers comply with the requirements. Ed Colwell, 3333 W. 231 Street, Mr. Baker's son-in-law, asked if the minor change format had been approved. Councilman Gareau said he had not objected to the minor change and assumes that it was approved. He is aware that Building Commissioner Conway has been working with the developer (Manor Care) on this issue; and, since he does not have the credentials or understanding as to issues involving illumination, he has in some respects deferred to Mr. Conway's judgment. Also, on December 24 he had spoken to Mr. Baker about this and had explained that the minor change was a step toward addressing the issue. It was made perfectly clear to the developer by him and Building Commissioner Conway that the minor change (shields) was not to be seen as an end-all. If the shields do not correct the problem, the developer will have to remove additional lights or relocate additional lights or do whatever it takes to comply. The end result will be zero light at the lot line as required by the Planning Commission. Mr. Colwell noted that Manor Care had promised (and it was on the plans) to plant four trees in Mr. Baker's yard. Councilman Gareau agreed that the trees were in the plans, and he guarantees that four trees will be going up on Mr. Baker's side of the fence. LEGISLATION Ordinance No. 98-148 introduced by Mr. Limpert on behalf himself and Mr. Gareau was given its second reading. An ordinance amending Section 721.03 of Chapter 721 of the Business Regulation Code, entitled "Peddlers, Solicitors and Canvassers," so as to prohibit peddling, soliciting and canvassing in the city after sunset, and declaring an emergency, as amended. Ordinance No. 99-1 was introduced and placed on first reading by Mr. Gareau. An ordinance adopting a new and revised Chapter 1309 of the Building Code of the City of North Olmsted and declaring an emergency. ~~ i