03/18/1998 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 3/18/98 the land as presently zoned. The test is whether or not it is appropriately zoned and ~, , whether or not they can establish from a planning standpoint that it is inappropriately zoned. They have to prove beyond fair debate that the city improperly has the property zoned for the use that it is zoned for and that it should be appropriately zoned for and they are not furthering any legitimate government end by doing that. Mr. Skoulis wondered whether three factors would have any bearing on this case: (1) The parcel's zoning currently in place was done at the request of the owner; (2) Since the rezoning was done, a Master Plan has been put into effect that recommends the land never be rezoned again unless it reverts back to its original zoning of residential; (3) The owner of the land requested a rezoning be put on the ballot last November, which was done; the issue was defeated by a huge margin, 74% to 26%. Very few people in this city want any more land zoned for retail use. Law Director Gareau said he felt the first two factors would be of more significance. On the matter dealing with rabies vaccinations of dogs and cats, Mr. Skoulis, who has a house cat, does not believe it is necessary to vaccinate such animals. Mr. Nashar reiterated his statements about house pets coming in contact with other animals through a screen and the possibility of house pets running out an open door. Animal Warden Kirt Ward came forward and commented that eight of the ten calls he receives for lost cats are house cats that have slipped out the door. These animals are usually gone for two or three days. The legislation is needed to protect our residents and our pets. Councilman Gareau said he shared Mr. Skoulis' sentiments regarding house pets. He feels that, at this point, the legislation is inappropriate and is concerned about the imposition of criminal penalties. Mr. Skoulis then commented on the matter of the new Springvale greens fees for seniors. He believes the rates are still too high. LEGISLATION Ordinance No. 97-120 introduced by Mr. McKay was given its third reading. An ordinance providing for the amendment of the Zone Map of the City of North Olmsted by changing the hereinafter described parcels of real property located south of Brookpark Road, north of Country Club Boulevard, and west of Columbia Road, from Mixed Use District to Multiple Residence (Apartment) District. Mr. McKay moved for adoption; second by Mr. Nashar; motion passed unanimously. Ordinance No. 97-120 adopted. Ordinance No. 98-11 introduced by Mr. Gareau was given its third reading. An ordinance creating new Section 1367.11 of the Building Code in order to exempt small satellite dish antennae from the permit fee requirements of Chapter 1367, and declaring an emergency. Mr. Gareau moved for adoption; second by Mr. McKay; motion passed unanimously. Ordinance No. 98-11 adopted. Ordinance No. 98-12 introduced by Mayor Musial was given its third reading. An ordinance authorizing the Mayor of the City of North Olmsted to enter into an agreement with Polytech, Inc. to provide engineering services for the design of the Brookpark Road rehabilitation Phase 2 and declaring an emergency. Mr. McKay moved for adoption; second by Mr. O'Grady; motion passed unanimously. Ordinance No. 98-12 adopted. 7 ~,,.. _ »-.~ ~ ~, .,,n~~ ,~„9.~. , . _ _ . .