MINUTES
LAGRANGE CITY COUNCIL
AUGUST 3, 2009
CITY OFFICIALS PRESENT Elsie Carter, Mayor, Stephanie Cooper, City Clerk and Graham Whatley, City Attorney
COUNCIL MEMBERS PRESENT Joe Davenport, Tom Goldsmith, Wally Nay, Jean Knight, Melanie Woosley, Debbie Pollard and Linda Hall. Jason Taylor was absent.
Mayor Carter called the meeting at 6:44 p.m. Mayor Carter announced there is a procedure on public hearing on sign review in the hall, however, #1, #6, #7, #10 have been struck.
Mayor Carter led council and audience in the Pledge of Allegiance to the Flag.
Mayor Carter stated the reason that our procedure of public hearing on sign review was changed is because this is not a public hearing, it is an appeal, and we have learned that this is the procedure to follow.
APPROVAL OF MINUTES FOR JULY 6, 2009 Councilwoman Knight made motion to approve July 6, 2009 minutes, seconded by Councilman Goldsmith. The motion in favor of passed unanimously, 7 to 0.
RESOLUTION 6-2009 - A RESOLUTION FOR HISTORIC PRESERVATION & STREETSCAPE PROJECT Councilwoman Woosley made motion to approve Resolution 6-2009, seconded by Councilman Goldsmith. The motion in favor of passed unanimously, 7 to 0.
GARBAGE REPORT Councilwoman Knight had a committee meeting last week and discussed Industrial Disposal. Councilwoman Knight was sent a copy of contract that was signed last year and it had an annual option renewal. Recycling is going to be offered at $4.50 a cart and every other week pick-up. Councilwoman Knight made motion to accept contract that was signed last year for renewal this year at the same price that we had last year with no increase and also there will be recycling for those who wish to have it at $4.50 a month, twice a month, and voluntary only, seconded by Councilwoman Pollard. Mayor Carter does a roll call vote: Hall-yes, Pollard-yes, Woosley-yes, Knight-yes, Nay-yes, Goldsmith-yes and Davenport-yes. The motion in favor of passed unanimously, 7 to 0.
Councilwoman Knight left meeting at 7:00 p.m.
DISCOVER DOWNTOWN LAGRANGE REPORT Barbara Edds gave a report on past and future events.
PUBLIC COMMENT Cheryl Erpelding, 205 & 207 East Main Street, made comment on stairs removed on Main Street and appearance on Main Street. David Voegele, 400 North Fifth Street, made comment on Historical District. Bill Lammlein, 205 Maple Avenue, made a comment on Resolution 6-2009. John Black, 108 North Fifth Street, made comment on Historical District. Dip Rankin, 519 Horton Road, made comment on Historical District. Gary Williams, 210 Maple Avenue, made comment on Historical District.
1ST READING OF ORDINANCE 6-2009 - AN ORDINANCE LEVYING A GENERAL TAX FOR THE CITY OF LAGRANGE, KENTUCKY Stephanie Cooper, City Clerk, read Ordinance 6-2009 for first reading. Public hearing will be held September 8, 2009.
HEARING ON JAMES T. BEAUMONT SIGN Councilwoman Woosley made motion to go into public hearing, seconded by Councilwoman Pollard. The motion in favor of passed unanimously, 7 to 0. (1)Gary Williams with Historical District commented on findings and decisions of the Historic Commission and the reason is sign is too tall for Historic District guidelines and internal illumination. (2)Presentation of evidence by the applicant, Chairman Blake Haselton of the City of LaGrange Park Board. (3)Presentation of evidence from others who wish to speak in behalf of the application. David Voegele, 400 North Fifth Street, speaks in favor of sign. Charles McCarrick, 528 Wood Lake Drive, speaks in favor of sign. John Black, 108 North Fifth Street, speaks on behalf of Historic District for following the guidelines. (4)Questioning of those speaking in behalf of the application by the City Council members. Councilman Davenport questioned the old sign. Blake Haselton responded old sign did not comply with the regulations when the building was built in 1984. Councilman Goldsmith asked Blake Haselton if City Council does approve this if he is willing to work with Park Board on some of the issues like lighting, landscaping to see if we can come up with more compromise. Blake Haselton responded willing to work with anybody on any Park Board issue certainly, if City Council makes a decision on sign. Landscaping is part of the project and we just stopped that because we were advised of the issue. Lighting is an issue for several reasons. Adjusting the light and safety with the light. You got a lot of kids in front of the building and with no lights out there, you have a bigger problem. (5)Questioning of those speaking in behalf of the application by the opposition. Gary Williams asked Blake Haselton if he agreed that sign does or does not meet the guidelines. Blake Haselton responded does not meet the guidelines. Gary Williams asked at any time prior to permit building of sign with these specifications that was brought to Historic District Commission for consideration. Blake Haselton responded the specifications were the Park Board. Gary Williams asked if specifications were ever presented to Historic District Commission or any member for consideration. Blake Haselton responded not to my knowledge. Gary Williams asked Blake Haselton if the designer of the sign has insurance that identify City of LaGrange in case sign is faulty. Blake Haselton responded don't know the answer to that question. Gary Williams asked if he agreed they should have insurance identifying the City of LaGrange. Blake Haselton responded yes. (6)Presentation of evidence by those who wish to speak in opposition to the application. Bill Lammlein, 205 Maple Avenue, commented on that people who spoke has used the words beautiful sign, nice looking sign and fits well. If you look at the guidelines those words are not used. I think the Historic District Commission did the job that they were sworn in to do when you all took your oath as City Council members you all took the identical oath. They swore to uphold rules, laws, and regulations of the state of Kentucky. By definition, the ordinance and guidelines are the rules and laws of the state of Kentucky that you all have passed. To prove that the system works you all have the responsibility of making the decision whether to uphold Historical District decision or not to uphold. That proves to me as a citizen that this particular ordinance works the way it was designed to work. (7)Questioning of those speaking in opposition by the City Council members. Councilman Goldsmith asked Bill Lammlein for his recommendation. Bill Lammlein responded that he is not here to give a recommendation that he is here to back up Historic District. I believe what they did is proper. Councilman Goldsmith asked Bill Lammlein his interpretation of the sign. Bill Lammlein responded there are 11 buildings on the 300 block of Jefferson Street and 9 of those buildings are commercial in use. If you can picture every one of those properties have that sign in their front yard approve it because that is what you are doing, you are setting precedent. Government buildings are not exempt from Historic Preservation. (8)Questioning of those speaking in opposition to the application by the applicant or representative. Blake Haselton said that he indicated to the City Council that they must follow the ordinance. Bill Lammlein responded yes that is correct. Blake Haselton asked if there is an appeal process in that ordinance. Bill Lammlein responded yes, there is. Blake Haselton asked if he is aware of any prior appeals to the City Council. Bill Lammlein responded in the last 20 years there has been 3. Blake Haselton asked what was the outcome. Bill Lammlein responded 2 were upheld and 1 was overturned. Blake Haselton said the City has had exceptions to the ordinance in the past. Bill Lammlein responded it is not an exception to the ordinance it is an appeal. Blake Haselton asked out of these 9 commercial properties, how many are public building. Bill Lammlein responded that there are 9 of them and none of them are public except for City Hall. Blake Haselton asked if he helped to write the guidelines for the appeal process. Bill Lammlein responded that he did both times. Blake Haselton said you do recognize that the order of appeal process that the City has the final determine of this action in this matter. Bill Lammlein responded that City Council is not the final. The final action could be the Circuit Court or Supreme Court. Blake Haselton said that the Historic District is not the final. Bill Lammlein responded no it is not because that is why the ordinance is written the way it is they (Historic District) should not be, our elected officials should be the final authority. (9)Final statement by the opposition. Gary Williams spoke on behalf of clarity. The sign that was built was not in accordance of guidelines. I really have great doubts as to the statement that the sign is a memorial; the community center is the memorial. The sign itself is not, even if it were, there are no allowances within guidelines for memorial signage so that is not a relevant point to the argument. Also what sign was there prior to this one is not relevant, if it was built before Historic District became an ordinance or code, we have no say so what already existed when the committee came in to be. There is no question that guidelines can be changed but in this case, have not been. Guidelines were applicable when the sign was designed with same guidelines thru the whole application process, which according to Blake Haselton was well over 6 months, and at no time did anybody come the Historic District to see if sign met guidelines, no came to any member of Historic District to find any opinion on sign. The first Historic District saw of it to be considered for any kind of application the sign was nearly complete. And was built according to specifications on drawings that Blake Haselton showed, those specifications do not meet guidelines. There have been comments by several Historic District commissioners that they do not object to what the sign looks like. (10)Final statement by the application. Blake Haselton said the request before you tonight is to approve a sign honoring the late James T. Beaumont, a long time public servant of City of LaGrange, be considered a James T. Beaumont community center a historical or architectural landmark in LaGrange, as referenced in ordinance 156. The sign is consistent with building; it is an improvement to the appearance of entire area. I like to read a piece out of the guidelines, it is on page 8. Mayor Carter asked Council if there is any discussion amongst them. Councilman Goldsmith made motion to approve sign based upon the following findings: the prior sign did not conform to the Historic Preservation guidelines, predated guidelines that the new sign is significantly similar in dimension to the prior sign, the lighting of the new sign shall be limited, the sign is constructed and approved, and denial is overturned, seconded by Councilwoman Pollard. Mayor Carter calls for the question and does a roll call vote. Hall-yes, Pollard-yes, Woosley-yes, Nay-yes, Goldsmith-yes and Davenport-no. The motion in favor of passed, 5 to 1.
*REAPPOINTMENT OF EARL HEDGESPETH TO PARK BOARD Councilman Davenport made motion to approve, seconded by Councilwoman Pollard. Mayor Carter does a roll call vote. Davenport-yes, Goldsmith-yes, Nay-yes, Woosley-yes, Pollard-yes and Hall-yes. The motion in favor passed unanimously, 6 to 0.
*REAPPOINTMENT OF DONALD ENDRISS TO BOARD OF ADJUSTMENTS & APPEALS Councilman Nay made motion to approve, seconded by Councilwoman Woosley. Mayor Carter does a roll call vote. Davenport-yes, Goldsmith-yes, Nay-yes, Woosley-yes, Pollard-yes and Hall-yes. The motion in favor passed unanimously, 6 to 0.
*APPOINTMENT OF WALLY NAY TO LAGRANGE UTILITIES COMMISSION No motion was made.
NEW BUSINESS/COMMITTEE REPORTS Councilwoman Woosley announced a meeting with Tom Drake of the Federal Railroad Association, Friday, August 7, 2009, at 10:00 a.m. in City Hall
ADJOURN Mayor Carter adjourned meeting at 8:42 p.m.
ELSIE B. CARTER, MAYOR
Attest:
STEPHANIE R. COOPER, CITY CLERK