04/07/1998 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 4/7/98 Stove baseball. As the president of Hot Stove was in attendance, Mrs. Kasler thanked him and the organization for their contributions to the community. • A skateboard park is being proposed by a resident, Mrs. Thomas, who is prepared to carry out several fund raising efforts to fund this $50,000 project. This facility would be non-monitored and open and free to the public. The site for the facility is yet to be determined; however, a site behind the Rec Center has been proposed and community input will definitely be solicited. In the meantime, the commission agreed to allow active pursuit of this project. • Anew sign has been proposed for the Rec Center facility. • A summer basketball league is being considered for this summer. Mr. Miller, Chairperson of the Transportation Committee: 1) He has received a report from Capt. Whelan with regard to North Olmsted's position on rail traffic. The report states that, if an increase in rail traffic is needed, it should be done in such a manner as to cause a minimum disruption in the flow of traffic through the communities involved. It may well be a large expense, but the cost of a life cannot be measured in dollars and cents. The report will be discussed in detail at a future committee meeting. Mr. McKay moved that Council adjourn into an executive session to discuss the sign ordinance litigation. The motion was seconded by Mr. Nashar and unanimously passed. Council adjourned into executive session at 8:35 p.m. and reconvened at 8:48 p.m. "'~ AUDIENCE PARTICIPATION Dennis Lambert, 25057 Carey Lane, said it saddened him that the community is going to court over an issue dealing with the Chamber of Commerce. He does not think it is possible to establish a sign ordinance universally to apply to every business in the community. Mr. Lambert asked whether the city had an Architectural Review Board and was assured by Mrs. Saringer that we did. He believes that the previous Mayor was very strong on supporting business in the community and feels that the new Mayor will follow the same policy. He suggested that somebody should "take the bull by the horns" and revisit this issue. Pat Graham, 30217 Hilliard Boulevard, Westlake, spoke on behalf of the Chamber of Commerce. He said they regretted taking the action, but it is the Chamber's feeling that the sign code is unconstitutional and unreasonable. He commented as follows: "The current sign code is unconstitutional because it is content based and has an unlawful enforcement mechanism and because it is impermissibly vague. The current sign code is content based because it discriminates on the basis of the sign's message or because of the identity of the speaker. Two neighboring property owners on Lorain Road may be subject to different restrictions solely because of the message on the sign or who the property owner is. For example, a church presumably would be permitted one type of sign while a retail business next door would be prohibited from using the same type of sign. If North Olmsted building officials must look to the content of the message on the sign or the "`~ identity of a sign owner to determine what restrictions apply, then the restrictions violate ;~. 8 ... ~~~.~,~._..,k;;~ _~_ ,~.,~..~~_.~ _._ ~~-K_,,,.,__,.