05/05/2010 Meeting Minutes - Laserfiche WebLink

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<~. Council Minutes of OS-OS-2010 • Several capital improvements are planned for Springvale over the next several months. The first will be completed within the next two weeks -the installation of a driving range. • With Memorial Day plans currently underway, the VFW is asking that if anyone has a relative buried in one of the city's cemeteries and their grave is not marked on Veteran's Day, please bring it to their attention. You can call the Mayor's office at 440.716.4142 to see if your relative is listed as a Veteran and, if not, they can make arrangements to have their grave decorated by the VFW. President Limpert asked if First Merit Bank is "Retail Bank" that was recently approved by the BZD Committee. Mayor Kennedy said yes. Law Director Gareau: • He referenced Surf Shop, a cybercafe. The Building Commissioner had issued a number of building and zoning code violations to the Surf Shop. An appeal has been taken from those orders. The matter was originally set for tomorrow evening before the Board of Zoning Appeals at the request of the applicant. The matter will be tabled until the meeting in June. • He advised the Mayor and Safety Director on the process used to give additional credits for entry-level examinations for people who live in the City of North Olmsted to become employees in North Olmsted; also for people who have previous training/experience from other communities. The matter will be referred to the Civil Service Commission by the Safety Director for further discussion. • The Law Dept. continues in its efforts to collect the false fire alarm fees. To date, they have received $4,500 in total fees that have been paid to the City of North Olmsted. • Tonight there is a Conditional Use Permit request for Elevate Church, Great Northern Mall. He said this matter is governed by the Religious Land Use and Institutionalized Persons Act of 2000. The statute governs when Zoning Code regulations impose a substantial burden upon the free exercise of religion. The city's Zoning Code does not allow a church anywhere as a matter of right in any zoning district. There are conditional use permits in the code for churches. If this is denied for Elevate Church, it could be seen as a substantial burden upon the free exercise of religion. It's not to say it is, but of course, it's an argument that could be made. He thinks it's incumbent upon the Council and city that they can satisfy the very highest level of scrutiny that they would receive. It's a first amendment issue. Council had asked if a conditional use permit is granted to an applicant, can it be transferred to another user? He advised that if a conditional use permit is granted, it's subject to the same restriction and conditions unless otherwise revoked pursuant to the code provided the use does not expand in terms of scope and physical size; the occupier may continue in that capacity. • The Law Dept. is working with the Mayor and Directors to with regards to the passage of Issue 34. The Charter change will take effect August 1, 2010. ~~-~