10/18/2005 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 10/18/2005 show that there are no appreciable smells or fumes from Suburban's operation, then the city would issue a permanent conditional use permit to Suburban for the paint booths at the property; (4) If the testing showed that there were appreciable paint fumes or smells from Suburban's operation, Suburban would be given a 60-day period to correct such problems. Once the problems were corrected or abated, a retest would be performed again at Suburban's expense. If the testing indicated the problem was corrected or abated, a permanent conditional use permit would be issued by the city; (5) The results of all testing would be provided to the City of North Olmsted; (6) Notice of the dates of test including any retests would be provided to the city in a timely fashion so the city could observe if it chose to do so; (7) Notice would be provided to the homeowners' association president of the test date and that one representative would be permitted to observe the testing. The motion is subject to the various recommendations of the boards and commissions that have reviewed this proposal. The motion was seconded by Councilman Barker. Roll call: Gareau, yes; Barker, yes; Nashar, no with comment that the residents who live in the Pine Ridge development have made their concerns known pertaining to Suburban Collision Center. The concerns include the expansion with the additional paint booths and the fumes that will be generated from there and the additional noise, especially when the doors are open during warm days. He has spoken to the residents who live behind the operation of Suburban, has received their letters and has heard Mr. Gareau's comments. Roll call continued: Miller, no with comment that 1118.03 (c) sets the standard as that "...which will be objectionable..." versus the terminology of appreciable. Things such as noise may not be appreciable by a testing lab; odors that are objectionable may not be determined to be appreciable by a testing lab. He has lived in a residence that abuts retail property and has lived the situation of retail intrusion on property and knows what the difference is between objectionable and appreciable. He needs to protect the residents' interests and make sure that these intrusions are not objectionable. Roll call continued: Orlowski, yes; Ryan, no with comment that he deeply appreciates the relationship that Suburban Auto has had with our community. He appreciates that they have provided work for our people, and they've paid their taxes, and they certainly have done the best they can in their situation to be a good. neighbor. However, a person who lives in their home always trumps the business person. This community is based on residents. It's based on an environment. Residents should be able to live free of odors and intrusions. Every person who buys a piece of property in our city knows the rules, whether it's a business man or a resident. When a resident buys a home, he has a right to expect that the business community on the edge of the residential area respects that and does not intrude within it in any way. On the side of the business people, when they take that property and take that building, they know what they have to work with. There comes a point, when business starts intruding on our residents, you have to say no. As the representative of the people of Ward I who do not want this, he is voting no. As the vote was a tie, the roll call continued with President Kennedy casting the deciding vote. Roll call continued: Kennedy, yes with comment. He wants to commend the goad people of Pine Ridge. He has been here with them through every meeting and shared many of the same concerns. But after a lengthy debate and hearing all the issues, he feels very comfortable with his yes vote. He also wants to commend the good people at Suburban who went to extraordinary lengths to make him feel comfortable and were very patient in the process. He hopes something 6