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HomeMy WebLinkAboutCCM-08-10-81 MINUTES OF THE CITY COUNCIL MEETING AUGUST 10, 1981 The meeting of the Common Council of the City of Carmel was called to order by Mayor Reiman at 7:30 P.M. on August 10, 1981. Council members Fleming, Shepherd, McMullen, Garretson, Johnson, Walker and Kerr were present. Also present was City Attorney Mike Howard and Clerk-Treasurer. Invocation was given by Mr. Walker followed by the Pledge of Allegiance. Mrs. Kerr made a to approve the minutes of July 29 and motion 31, and August 3. Motion seconded by Mr. Walker and passed on a vote of6-0-1,Mr. Shepherd abstaining, due to his absence at the meetings of July 29 & 31, and Aug. 3. Old Business 1. Public Hearing-ORDINANCE S-40 - Sewer Rate and Use Ordinance - Don Silvey of HNTB and Don McCullough of McCullough & Assoc. explained and answered questions from the Council regarding the proposed sewer rate and use ordinance. Mayor Reiman opened the meeting for apublic hearing. There were no questions or responses fr om the public. The public hearing was closed. Vote was taken on Ord. S-40 which passed unanimously. 2. Ordinance Z-175 - Sign Ordinance Regulations - Mr. Garretson made a motion that the Clerk-Treasurer formally sent the memo by City Attorney Mike Howard under date of 8/3/81 to the Plan Commission and state that the Council concurs with his advice and recommends that the brdinance be amended according to his recommendations. Mr. Howard stated that tne Plan Commission might want to look at Section 25 .7.05 regarding the nonconforming signs. He stated the state statutes covered the enforcement of nonconforming signs. Mr. Howard also stated that in his memo referred to under Section 31.1.3 in the 3rd line that should read "official may request the city attorney rather than their attorney. Mr. Garretson stated that he would like those revisions attached to the August 3 memo. Mr. Fleming seconded the motion which passed6-0-l,Mr. Shepherd abstaining. Mr. Garretson suggested that for purposes of clarity on the recommendations to the Plan Commission that those wishing to amend the ordinance should do so in motion form. Mr. Johnson made a motion to recommend to the Plan Commission the addition of the word "exterior" after the word "regulate" in the first line so that the line would read "the purpose of this section is to regulate exterior signs." Motion seconded by Mr. Shepherd and passed unanimously. In section 25.7.01-4 Mr. Garretson made a motion to recommend to the Plan Commission the striking of benches in (k) and permit benches but restrict said benches. Motion seconded by Mr. Shepherd and passed 5-2, Councilors McMullen and Kerr voting nay. Also under Section 25.7.01-4 Mr. Johnson recommended to the Plan Commission the changing of (n) to read "ordinance" instead of "section" in the last line so that the sentence would then read "Signs which are not included under the types of signs permitted in this ordinance." Motion seconded by Mr. Fleming and passed unanimously. Mr. Garretson brought up the subject of awning signs and made a motion to request the Plan Commission to consider the idea of awning signs and their use. Motion seconded by Mr. Walker and passed with a 5-2 vote; Councilors McMullen and Kerr voting nay. Mr. Garretson asked Ci ty Attorney Mike Howard what recourses the Council had if the Plan Commission did not address the changes recommended. Mr. Howard City Council Aug. 10, 1981 Page Two stated that the Council could then amend the Ordinance that each amendment would need a vote of 5 ayes to pass and if an amendment was made and passed the Ordinance would then need a vote of 5 ayes to pass. The assumption would be that if amended the Plan Commission made a negative recommendation. Mr. Garretson made a motion that the Council recommend to the Plan Commission that the Plan Commission address number 6 under 25.7.05 as not be practical. He stated the Plan Commission should review nuber 6 with the idea of eliminating or making it more practical. Motion seconded by Mr. Walker and passed 6-0-1; Councilor Kerr abstaining. The meeting was recessed at 9:20 and reconvened at 9:30 4.M. In Section 25.7.02, Definitions, the definition for the identification sign states a logo if desired, on a sign in a unified center is limited to 25% of the sign area. Mr. Johnson made a motion to recommend to the Plan Commission that it clarify that a logo can be a complete sign if not in a unified center. Motion seconded by Mr. Walker and passed unanimously. Also,in the description section, Mr. Johnson made a motion to recommend to the Plan Comm. to add after the word "planting" in the definition of Landscaping the words "and/or suitable gound cover". Motion seconded by Mr. Garretson and failed on a vote of 2-5; Mr. Fleming and Mr. Johnson voting aye, the rest voting nay. Mr. Johnson made a motion to recommend that the Plan Comm. under the definition of sign, strike the words "with exception of window displays and the American Flag". Motion passed 4-3; Councilors McMullen, Kerr and Garretson voting nay. Mr. GarretsonAmade a motion to recommend that the Plan Comm. change the last sentence in the definition of vehicle sign to read as follows: "The vehicle to which the sign is attached shall be in proper working order, shall bear a current license plate and shall not be permantly parked on a public street or right of way." Motion seconded by Mr. Johnson. Vote was taken on said motion with Councilors McMullen, Johnson and Garretson voting aye, Councilors Walker, Shepherd and Fleming voting nay and Councilor Kerr abstaining. Mayor Reiman cast the tie breaking vote and voted aye. Motion passed. Mr. Garretson made a motion to recommend to the Plan Comm. that they look at the subject of parking signs and no parking signs and address same within the ordinance. Motion seconded by Mr. Johnson and passed unanimously. Mr. Johnson made a motion to recommend to the Plan Comm. that they change the wording in the definition for wall signs To clarify that an awning may extend beyond the wall. Motion seconded by Mr. Garretson and passed unanimously. Mr. Fleming made note that the Ordinance reads that signs which are not included under the types of signs permitted in this Ordinance are considered prohibited signs. Mr. Fleming then made a motion to recommend to the Plan Comm. that outside soft drink dispensers be added to Section 25.7.01-3, exempted signs. Motion seconded by Mr. Johnson and passed 6-0-l Councilor Kerr abstaining. Mr. Johnson made a motion to recommend that the Plan Comm. change the definition of institutional signs to specifically exclude public buildings. Motion seconded by Mr. Garretson and passed unanimously. City Council Aug. 10, 1981 Page 3 Mr. Johnson made a motion to recommend to the Plan Comm. under Section 25.7.03-3 temporary signs regarding political campaign signs change the time limit to read that the signs must be removed within 24 hours after the election. Motion seconded by Mrs. McMullen. Mr. Garretson stated that although he has not used signs he did not feel that the time limit of 24 hours was sufficient. Mr. Garretson made a motion to amend the time limit to read 72 hours. Motion seconded by Mrs. McMullen and the amendment passed 6-O lCouncilor Fleming abstaining. Vote on the motion was taken with the motion passing 6-0-1 Councilor Fleming abstaining. Mr. Garretson made a motion to recommend that the Plan Comm. amend Section 25.7.05 to read that the administrator shall make a survey every 6 months with a report to the Mayor, Council, officers of the BZA and Plan. Comm. the result of said survey. Motion seconded by Mr. Johnson and passed unanimously. Mrs. Kerr suggested that perhaps a pamphlet on the sign ordinance could be prepared and made available to new comers. Mr. Garretson suggested that if such pamphlet be done that the cost of said pamphlet should come from the promotional budget expense either the EDC or the Mayors office. The Mayor A suggested that perhaps the EDC and the Chamber of Commerce could woArk together and perhaps the Chamber could distribute something of this order. Mrs. Sue Smith, Executive Director of the Chamber, stated a booklet was in the process of being prepared regarding the City and that such information could be perhaps be included in the booklet. Other Business Mr. Garretson stated the Clerk-Treasurer had asked for direction regarding the Cumulative Building Fund and the Council wishes in regard to a public hearing on said fund. Mr. Garretson stated that perhaps the public hearing could be scheduled for the first meeting in Sept. It was decided by the Council that the meetings in Sept. would remain on the first and third Monday's of the month and the first meeting would be called for Sept. 7 which Labor Day evening. Announcements Mrs. Kerr read a letter of resignation from City Planner Ann Parker. Mrs. Kerr and Mrs. McMullen both stated that the City would be hard pressed to find a replacement for Mrs. Parker and that she has been an outstanding and conscientious employee. There being no further business to come before the meeting, the same was duly adjourned at 11:15 P.M. APPROVED ATTEST: