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<br />I <br /> <br />I <br /> <br />1 <br /> <br />Council Meeting Minutes <br />October 8, 1991 <br /> <br />Page 7 <br /> <br />Council Business. continued <br /> <br />Benke said the issue is not whether the sign is offensive, but the point is <br />the constitutionality of the ordinance. <br /> <br />Williams noted he is a professional mediator and suggested the neighbors <br />try to settle the dispute through mediation. <br /> <br />Larry MacDonald asked if the City could convince the Supreme Court to <br />change the constitutional issue. LeFevere said constitutional regulation is <br />never ending, however, legal judgment is on the basis of previously <br />decided cases. Benke said to leave the ordinance in its current <br />unconstitutional form could involve the City in possible lawsuits, court <br />battles and legal fees. LeFevere feels the City would lose a court battle if <br />the ordinance was entered in its current form. <br /> <br />Gunderman reiterated that resident input needs to be heard. <br /> <br />Larson understands the constitutionality issue, but feels residents not in <br />attendance have not had opportunity to express their opinions. <br /> <br />Motion by Gunderman, seconded by Larson, to REFER THE SIGN <br />ORDINANCE AMENDMENT TO THE PLANNING COMMISSION FOR <br />FURTHER PUBLIC INPUT. <br /> <br />2 Ayes ~ 2 Nayes, Motion Failed. <br /> <br />Larson requests neighbors be notified when there is scheduled discussion. <br /> <br />Gunderman feels the public has been denied opportunity for input. <br /> <br />Motion by Benke, seconded by Williams, to WAIVE THE SECOND <br />READING AND ADOPT THE ORDINANCE AMENDING THE SIGN <br />ORDINANCE BY ALLOWING FOR NON-COMMERCIAL OPINION SIGNAGE <br />AND DIRECT STAFF AND PLANNING COMMISSION TO PROVIDE <br />FURTHER OPPORTUNITY FOR APPROPRIATE CONTROLS ON SIGNS. <br /> <br />2 Ayes ~ 2 Nayes, Motion Failed. <br /> <br />Williams said the forum to discuss a constitutional issue is the Council. <br />Gunderman suggested the Planning Commission because it was the point <br />of origin. <br /> <br />Benke feels Council needs to take input directly to properly consider the <br />issue. Larson agreed with Benke's statement. <br /> <br />Motion by Benke, seconded by Williams, to CONTINUE THE SIGN <br />ORDINANCE AMENDMENT DELIBERATIONS TO OCTOBER 22, 1991, <br />COUNCIL MEETING. <br /> <br />4 Ayes - 0 Nayes, Motion Carried. <br /> <br />Council Business <br /> <br />Sign Ordinance <br />Amendment <br />Report 91-218 <br />