09/18/2007 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 9/18/2007 AUDIENCE PARTICIPATION 1) Don Pangrac, 23470 Sharon Drive, asked for a clarification on the 9 ''/2% increase for sewer rates as it was his understanding that was for five years and not four. Mayor O'Grady answered the term is five years counting this year where there is no increase. In effect it will be 9.5 % the next four years. However, that number is not finalized. The administration is currently doing its stubby pencil drill and doing its due diligence to make certain that is the number for each of those years. 2) Laurel Covell, 26615 Leenders Lane, representing residents of Pine Ridge, expressed concerns and questions regarding the smell from Suburban Auto Body. Amain concern is that the paint odor is still a problem to the extent that, when back windows and screen doors are open, the odor can be smelled within their homes. What is being done and what are the results of the testing? Law Director Dubelko said the report from Suburban concluded that there were no appreciable odors being generated from the facility. Our expert reviewed their expert's report, and our expert was at the site that day and had some questions regarding the methodology that was employed by their expert. He and Suburban's attorney are going to meet with the experts regarding the test results and the methodology used. Under the conditional use permit that was granted by City Council, if they don't successfully test, they have 30 days to retest. If that fails, then their conditional use permit is no longer valid. He knows from the complaint reports from the Building Dept., that there continue to be complaints of strong paint odors in the neighborhood. Once they sit down with the experts and go through this process, then a recommendation will be given to Council as to what the test results were. The city will continue to go through whatever process needs to be done to eliminate odors. Mayor O'Grady said he was in attendance when the testing was done as he understands the importance and impact upon residents. The Law Director correctly related the results of their testing, which is that, if they get a clean bill of health, they're fine. But there are some significant questions on the part of the administration with regard to how they conducted the test. Councilman Ryan, representative of Ward I, noted that he voted against this. He feels this is what happens when we go against our zoning codes. This is a nightmare and is not fair to the residents. Law Director Dubelko noted that zoning ordinances are passed by Council and the ordinances do provide for an auto repair facility, including paint booths, to operate with a conditional use permit. Once you put that ordinance in place and, if an applicant comes in and meets the conditions of your code, they're entitled to that conditional use permit. Mrs. Covell asked, if a retest was done and there is no odor found, would the conditional use permit be granted. Law Director Dubelko said yes. However, that does not mean the issue is closed. As long as the odor continues, the city is going to continue to find out what's causing it. If it's not from the paint booth, then is it from the open doors in the warm season or what? Mrs. Covell suggested the testing be done over a period of days because the odor is not always present. Law Director Dubelko said he believed the testing was done in one day when the paint booth was in operation and there were different monitors around the perimeter of the site. The dispute between the experts is whether or not there should have been a monitoring device at the top of the stacks, which wasn't done. Mrs. Covell wondered if anyone had reviewed the complaints made to the Building Dept. to determine if there were any trends. During the summer, residents noticed the odor was present when the 7