11/20/2012 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 11-20-2012 passed unanimously. Councilman Barker moved for adoption. The motion was seconded by Councilman Kearney and passed unanimously. Ordinance 2012-110 adopted. Ordinance 2012-113 introduced by Mayor Kennedy on behalf of himself, Council President Limpert and the entire city Council was given its second reading. An Ordinance to revise the Codified Ordinances by adopting current replacement pages, and declaring an emergency. Councilman Barker made a motion to suspend the rule requiring three readings. The motion was seconded by Councilman Kearney and passed unanimously. Councilman Barker moved for adoption. The motion was seconded by Councilman Kearney and passed unanimously. Ordinance 2012-113 adopted. Ordinance 2012-117 was introduced and placed on first reading by Mayor Kennedy. An Ordinance adopting new Chapter 1729 of the Fire Prevention Code entitled "Westshore Regional Community Emergency Response Team (WSC)". Resolution 2012-118 was introduced and placed on first reading by Mayor Kennedy. A Resolution authorizing the Mayor to enter into a contract with the Cuyahoga County General Health District for the year 2013, and declaring an emergency. Ordinance 2012-119 was introduced and placed on first reading by Mayor Kennedy. An Ordinance amending Section 761.07 of Chapter 761 of the Business Regulation Code of the City of North Olmsted, entitled "Adult Entertainment Businesses," in order to establish and revise the review process for the revocation and denial of a license application submitted pursuant to Chapter 761, and declaring an emergency. Councilwoman Williamson made a motion to suspend the rules requiring three readings and formal committee review. The motion was seconded by Councilman Mahoney and passed unanimously. Dennis Lambert, 25057 Carey Lane said that the Law Director mentioned that there is a right of judicial review in these cases. Who pays for this? Gareau said the appeal is taken pursuant to Chapter 2506 of the ORC, and the cost to file that appeal is paid by the person who has taken the appeal. It's not a significant filing fee to file in the Court of Common Pleas. Lambert asked if tattoo parlors are possibly being regulated under similar Codes? Gareau said not under this Code, but there are some cities that do regulate tattoo parlors. These are also regulated by the County, who has a comprehensive Board of Health review process that they use. Jeff Sturgeon, 3092 W. 231St Street said regarding this Ordinance, there is obviously some loophole in which the City is trying to cover itself. Gareau said when reviewing the Ordinance, this is an area of law that changes. One of the issues is that you need to provide for a very timely review of the application. If you're telling someone that you cannot engage in a constitutionally protected activity, you need to go about reviewing their application very quickly. The city was covered there. The side the city was not covered on was to the extent that if you tell them no, and you do not have in your Ordinance a right of judicial review, then your Ordinance is flawed. By virtue of that 6