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that is when government can come the closest to being arbitrary with not intending to do so. Our zoning code 1126.01 indicates the extent of the authority which Planning Commission has over issues over esthetics and that is what I perceive this whole issue of the E.F.I.S. versus masonry material. The code indicates that'Planning Commission can act in this area and the issue that the Planning Commission has to resolve is whether the proposal will esthetically have any significant adverse impact on surrounding properties within the same zoning district: That is the issue the Planning Commission has to look at when it makes a determination on how the commission is going to vote on this proposal. I think that is the way the Planning Commission has to approach it when it frames its motion for approval. In looking at that issue the code further says, with respect to impact esthetically upon the community the Commission should look at proposed buildings, parking, signage, landscaping design, colors selected for buildings and signs, suitability of materials and textures of materials proposed for buildings signs and landscaping ect. Therefore, what I think the court is trying to do is insure that the City is not acting in an arbitrary fashion. What it does act in the esthetics and the code is requiring the Planning Commission and indirectly City Council when it ultimately approves it or disapproves a proposal. To objectively approach the issue of esthetics and determine whether or not there is a negative impact on surrounding properties as a result of what would be perceived as an esthetic issue, the materials used, or design. Therefore, I think that it is important that when the Planning Commission looks at this issue they need,to deternune whether or not the esthetics of the building will have a negative impact on the surrounding property. NOTE: "Due to a mechanical error tape 2 of 3 did not tape. Therefore from this point on the minutes are summarized from the clerks notes". Mr. Dubelko indicated that there. was an ordinance in effect that mandates that when a building is being built they must also put in sidewalks. Mr. Tallon questioned whether the signs on Dillard's was within code. Mr. Rymarczyk suggested that there would be a variance needed. Mr. Tallon questioned how many signs they would be allowed. Mr. Cassiere questioned how the square footage for a sign was deternuned. Mr. Rymarczyk indicated that as the Building department had not received a sign package he could not elaborate on what would and would not be needed. Councilman McKay indicated that he applauded Mr. Tallon for wanting brick: The city has a responsibility to make sure that the new building matches the existing buildings. He questioned why water retention would not be required. Mr. Deichmann indicated that because it is currently a hard surface and once the building goes up it would again be a hard surface. Mr. McKay commented. that he had been on council for 19 years and a lot of the buildings in North Olmsted are E.F.I.S. and in Westlake and other communities have all brick. He reviewed how Rite Aide built an E.F.I.5. building in North Olmsted and then 6 miles down the road in Westlake they built an all brick store. He has talked to 1Vlayor, Ehnfelt and asked him how they can get brick. He responded that they demand it. Mr. Tallon questioned how long W. Cassiere had been doing E.F.I:S. buildings for Dillard's. Mr. Cassiere suggested he had been building them for 19 years. Mr. Tallon questioned how many had he built in this area? W. Cassiere commented Beachwood, Saint-Louis, there hasn't been many in the Cleveland area. There has been one in the Ashtabula area for about 5 years now. Mr. Tallon questioned how the E.F.I.S. was holding up there. Mr. Cassiere indicated that it has held up well and they only use that same applicator. Mr. Rinker reviewed a fax that was received from the City Planner in Beachwood. Mr. Tallon indicated that it is the duty of the commission to rule on how it effects the community. The mall it self is the community. Mr. Rinker believes that what is being proposed more than meets the standards. W. Rinker submitted a test, report on dryvit for city records. Mr. Asseff questioned why the. 17