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Council Minutes of 6/6/2006 what can be done because it is unfair for these residents to day in and day out not be able to enjoy their own backyards. President Kennedy stated, as the person who cast the final vote on that issue, he wanted the residents to know he is fully on their team. Anything that needs to be done will be. He asked that Mrs. Meredith call him when a problem occurs, and he will immediately come out to the site. Law Director Dubelko said Councilman Gareau had requested Ordinance 2006-128 be placed on the agenda. The ordinance is designed to control noise and odors emanating from vehicle repair establishments located near residential neighborhoods. Essentially, this is directed toward any vehicle repair establishment because we can't single out anybody. But it requires that they keep all of their doors closed during business operations. That's at least one step. Looking at separately the issue of odor control, some of that is EPA regulated. There is some room for cities to legislate in that area, but he hasn't yet been able to get a good ordinance he feels comfortable with that would stand up in the courts. We have other nuisance legislation, but we do not have anything on odors. We are working on it and also looking at working with the EPA as to what the EPA can do to assist. The Law Dept. is working with the Building Dept. to try to verify the nature of the odors and to see what it would take to stop them short of getting the owner to voluntarily do something. Mrs. Meredith said she appreciates the legislation but did not know if it would do anything. The odors affect an area up to seven houses and it goes all the way to the front of the properties. Mr. Dubelko noted that another establishment in the city went in on a conditional use permit and there were no problems. Councilman Barker noted from the log that it seems warmer temperatures cause the odors to be stronger. He noted that the owner is required to retest the site after a year. He suggested that perhaps a different testing company be used and it be done on a series of days versus cone-day test during the winter months. Mrs. Meredith asked if the residents should continue calling the Building Dept. when there are problems, and Law Director Dubelko that would be a good course of action. In that way, any action taken by the city will be supported by a record of complaints. Rita Vine, 26601 Leenders Lane, also spoke on the problem with Suburban Collision Center. She noted that a city inspector had been in the neighborhood on another issue and noticed the odor. He said he would report it to the Building Dept. and the Safety Director. However, nothing has been done. She called the city twice and asked for an inspector to come out. They came out and rode down the street with the wimiow rolled up and did not stop. Mrs. Vine expressed the opinion that the residents depended on the city to f x this problem and, once the license is given to Suburban, they will never have a chance. They will have to endure it. This situation is occurring where children aze playing. Residents cannot use their backyards or patios. Councilman Ryan expressed his disappointment in the outcome of this issue. As the Ward I Councilman, he had voted against this. He felt from the very beginning a paint booth should not be placed in the middle of a neighborhood. There were promises made to the residents that there would not be an odor. He voted against it because he felt it would fail and there would be an odor. He is glad this business is in our city, but he is concerned about the effect on the residents. The owner of the business should do 10 ~::~~