10/04/2005 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 10/4/2005 • A discussion of the rest room conditions in the pazk, the HVAC system at the Rec Center, and an acknowledgement that $10,000 from the funds for playground equipment slated to be installed this yeaz at North Olmsted Park had to be reappropriated for repairs to the Rec Center. • A discussion about the basketball fence. It was his understanding, and of Recreation Commission members, that the fence for the basketball courts at North Olmsted Park would be a replacement of the previously existing fence. However, now there is approximately a 5 or 6 foot fence simply along one side of the basketball courts. He asked for an explanation of when the fence went from a full enclosure to a fence on one side of the court at approximately half the height that it previously was. Mr. DiSalvo has provided an explanation, and a copy of the letter will be distributed to Council. Mr. Bazker, chairperson of the Recreation Committee, has agreed to take the issue into committee for further review. AUDIENCE PARTICIPATION 1) Melissa Meredith, 4491 Williamstown Drive, spoke about the Suburban Collision Center issue. She questioned what the process would be at the October 18 meeting. She expressed concern as she felt there had been three mistakes with regard to this issue. Mrs. Meredith said that the residents are frustrated with the procedural issues that have delayed this matter. The residents have been very involved in this, and it makes her wonder what happens when residents are not so involved in issues. In general, the city needs to address this problem to make sure that procedures are followed and residents are not losing out. Councilman Gazeau answered that the matter would be brought up again during the BZD Committee report at the Council meeting of October 18. He shazes her frustration with the progress of this issue, and he realizes that all the parties have attended numerous lengthy meetings to discuss this issue. The delays have been unfortunate. Councilman Ryan thanked Mrs. Meredith for exposing the problems in the system which will result in a better system to protect residents. 2) Dan Kolick, attorney representing Suburban, 26618 Brookpark Road, said, as a former resident and community participant, he was embarrassed for what has happened with his client in this matter. As an attorney practicing municipal law for 30 years, he has never seen a corporate business community individual treated in this way. His client started the application process in March and has attended three Planning Commission meetings and a BZA meeting, all lengthy meetings. Witnesses were brought up from Cincinnati and from Cleveland, at quite some expense, only to have it delayed several times. The cast to his client has been enormous. There is a saying in the law that he believes is true: "Justice delayed is justice denied." The city code (1123.14) is clear in stating that the Council must take action within 30 days. The BZA made the ruling August 4, and it is well beyond the 30 day period. There is no way Council can review this BZA ruling unless more rights are taken away from his client. The fact is, he meets all the laws and ordinances of the city. This Council takes an oath to comply and conform to those laws. He has no doubt his client has met all those laws. Planning Commission unanimously held that he met all the laws, and the BZA held that he met all the laws. The findings of 13