02/16/1999 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 2/16!99 ordinance. The city had previously entered into a temporary agreement with plaintiff s ry,~~' counsel not to enforce those provisions of the code. And so, when Sunnyside had requested that they be granted a variance to be permitted to maintain their pole signs, a number of letters went back and forth with their lawyer and the city returned the money that was given to us to appear before the Board of Zoning Appeals. The Clerk of Commissions was instructed to remove that issue from the board. The attorney was notified that the city believes it would be a violation of our restraining order to hear that case. As a result of that, when the other three issues came before the Board of Zoning Appeals, the Law Director advised the audience in the beginning and after each case was heard, that even though they were granted a variance, they were being treated as ground signs rather than pole signs. Also, in the event that we would be successful in our lawsuit, they would have to either remove those signs, even though they put new faces on them, or would have to obtain a variance. 3) Yesterday, he and Jim Dubelko attended the annual municipal law workshop. Jim Dubelko was elected recording secretary of the County Law Directors Association. 4) Today discussions were held with Tony Coyne, attorney for Biskind, concerning the issue dealing with the constitutionality of our tree ordinance. We had a case in Common Pleas Court on this issue at the same time that we had one in Rocky River Court. Judge Cravens declared our ordinance unconstitutional. That decision is now under review in the Eighth District Court of Appeals. We agreed that it would make little sense to go forward to trial on March 1 to hear the issue dealing with the tree ordinance in the Common Pleas Court until the Court of Appeal's decision is rendered. Therefore, we have agreed to ask the judge in the Court of Common Pleas case for a postponement. 5) Originally, the trial dealing with the zoning on Parcel E was scheduled for March I5. Because of impending surgery, the Law Director asked for a continuance. Since the court did not act on the request, he rescinded the request. However, Biskind attorney Tony Coyne has now indicated that he is going to ask for a continuance as he had gone ahead and scheduled other matters for that time. Finance Director Copfer: 1) The year-end, 12/31/98, preliminary revenue and expenditure reports will be available after tonight's meeting to Council members and directors. 2) Ordinance Nos. 99-22 through 99-25, which are on first reading tonight, provide for the issuance of notes for a total of $2,050,000 for the 1999 capital improvement program. Mr. Miller, Chairperson of the Transportation Committee: 1) The committee met this evening to discuss Ordinance 99-3, an ordinance amending the Traffic Control File of the City of North Olmsted, conditioned upon the approval of the Director of the Ohio Department of Transportation, so as to provide for a uniform speed limit of 35 mph on all portions of Lorain Road located within the City of North Olmsted. Present were committee members Miller, McKay and Limpert; Council members Nashar, O'Grady, Gareau; Council President Saringer; citizens Paul Barker and Rae Ann Thomas. The purpose for holding the legislation for one more time period was to allow for additional input from the public. However, there was minimal new input--approximately five or six citizens contacted members of Council. Discussion was had about the Police Department's opinion versus the Traffic Engineer's opinion. Ultimately, there was 2 ~•,