11/05/2008 Meeting Minutes - Laserfiche WebLink

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Council Minutes 11!5/2008 however, that if such premises are properly fenced in and the erection of a new building is to be commenced within sixty days, the ground need not be leveled." Paragraph (b) was added and is as follows: "In addition, where at the time of demolition of the building, there is no approved plan or permit to replace the building with another building or other site improvements, any improved parking surface associated with the building shall be removed, and the ground shall be graded and seeded with grass in accordance with the requirements of the City Engineer. Thereafter, the site shall be maintained in such condition in accordance with the provisions of Chapter 1363 (Real Property Maintenance Code) of the Codified Ordinances, until such a plan is approved or a building permit issued by the City. Where demolition of a building is performed as part of such an approved plan or in conjunction with the issuance of such building permit, then the existing parking surface need not be removed or the property regraded and seeded separate and apart from any specific requirements of the approved plan or permit, so long as construction pursuant to the approved plan or permit is commenced within sixty days following demolition, and further so long as the site is properly fenced during the interim." Also the addition of paragraph (c ): "The provisions of paragraph (b) above shall apply retroactively to all properties within the City of North Olmsted where buildings have been demolished, and not replaced thereafter by other buildings or other site improvements pursuant to an approved plan or permit." In the city, there are five or six properties where plans were approved and then it just didn't happen; so now, with the passing of this amendment, they will have to be cleaned up and maintained. A goad example of this would be the corner of Lorain and Stearns where the old BP station and convenience store were removed. During the planning of that project, it was suggested that the property be graded, seeded and maintained. We can all agree it looks much better than a lot of debris laying around and not cleared. It was also discussed that the properties out there now will have time to take care of this new requirement without being cited. Also, per the suggestion of the Law Director because of comments of Councilman Orlowski, two of the Whereas clauses will be bolstered to explain why we are doing it retroactively. In committee, Mr. Gareau made the motion to recommend approval of Ordinance 2008-135 as amended, the amendment being per the suggestion of Safety Director Thomas to add. the words after grass "in accordance with the requirements of the City Engineer. " Also, the additional language to two of the Whereas clauses. Mrs. Dailey Jones seconded it, and the vote was 3 to 0 for recommending approval. Councilman Barker made a motion to amend Ordinance 2008-135 to add in paragraph (b) the words after grass "in accordance with the requirements of the City Engineer" and to also accept the additional language, prepared by Law Director Dubelko, to two Whereas clauses stating why it will be retroactive, which is included in the version before Council this evening. Councilman Gareau seconded the motion, and it was unanimously passed. Ordinance No. 2008-135 was amended. • Ordinances 2008-56 and 2008-57 which were introduced in April and went before Planning & Design Commission and then came to BZD Committee in June. The committee sent it back to the Safety Dept. for re-evaluation as to the need to allow these charitable bins in the City. Ordinance 2008-56 is an ordinance amending 7