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HomeMy WebLinkAbout1996-04-08 96-176 ORDERCouncil Action Dans 04-08-1996 Item No.96-lZ6_ IteMSul Directing the City Manuel to enter Into an agreement with MDOT- Maine Traveler's Information Act Respamible DepannmenL Community and Economic Development -Code Enforcement Division Commentary: This Order is a companion to fine amendments to the Sign Drdlnanre regarding Inoateria iry Signage. This agreement is similar to ones ratified with the State by ether communities which have their own sign ordinance. This agreement is ratified MDOT WIII refer all requests and inquires for signage, which may quality undo the Maine Traveler's Information Aa. At presentthe b eamess slagency gcea to MDOT, obtains the permits, brings them to Code to see if they meet our requirements under local ordinance, take the permit back as MDOT if approved under Our ordinance and then have the sign installed by timer MOOT or our Public Works Department depending on where the sign is to be erected. The goal of this agreement is to provide one stop permithing and eliminate businesses and organizations from completing a major ptttion of the process before discovery they cannot proceed. Again, most communities, with their own sign regulations, have entered into Mese type of agreements. Lastwor Brawmentered into a similar arrangement lactating to MOOT. A �mmrrtnm Manger's fammm6: (yi���lOGAa1vN/IX.'_, CmN Mmmger Associated Information: 6AAml Budget Apprmal: FOrnrce D4eutr Legal Approval: Citysoliawr Introduced For Passage First Reading 17 a( Referral yn C+FA, �+�^ k� gaP"^ 96-1)6 Arrigned to Cour for Sullivan April 8, 1996 CITY OF BANGOR (TITLE.) @rbtr, ...__Directing Ne. city Manager Iro enter into an agreement with BDOT ria avec s ]:n m formation Act Signage. By 11e City C.onenll efRe City OfBdApor: ORDERED, MT WHEREAS, the Maine Travelers Information Act, 23 M.A.S.A. Section 1901 et seq., authorizes the Maine Deperfmrnt of Transportation to er sa Oficial Business Directional Signs unless probibited by municipal ordinance; WHEREAS, the Bangor Sign Ordlnaacq Chapter VI, Article 3, Section 4.8, prohibits Oficial Business Directional Signs from being erased witldn the City of Bangor in order to protect the public safety. convenience, comfort, aesthetics prosperity and general welfare of the inhabitants of the City of Bangor, WHEREAS,c nfusiwresultsamong members ofthe general publicfrom the co -jurisdiction shared by the City of Bangor and the Maine Department of Transportation over Official Business Directional Signs; WHEREAS, the Maine Department of Transportation reezives a large volume of requests from the general public from aooss the State of Maine to erect and repair Official Business Directional Signs widen the City of Bangor; WHEREAS, the volume of the requests handled by the Maine Deportment of Transportation makes effectiveconunuvicadov and cooNination between the Maine Departmrnt of Transportation and the City of Bangor virtually impossible; WHEREAS, the result is the occasional auction of signs in violation ofBangoes Sign Cuelmonce and the maintenance ofnoncoNhnving signs when the right to do so has extinguished; Now, THEREEom, the Council of the City of Bangor hereby authorizes the City Manager to enter into an Agreement with the Maine Department of Transportation to assume the responsibility for administering Official Business Directional Signs. whect of to one-thirdIU matilb oftht sulawalls but not am than five ficM, ichever is greater, _ THAT the Sign Ordinarrce - Chaplet VI, Article 3, Section 5.4.5.2, be amended as follows: 545.2 0 The maximum height ofbodmntsl wall liensiectine signs shall bea-lla-feet on the first Floor and 2 feet on (or above) the second floor. e maximum di lane feet. c Vertical signs 1 have (27) inches and a maximum height of eight M feet THAT the Sign Ordinance - Chapter VI, Article 3, Section 5.4.5.5, be amended as follows: 5.4.5.5 (a) Walt *gns shall be attached to and parallel to the building and shall not be painted directly on the surface of the building. MANH immiRmIffiMPROWMMIRRI STATEMENT OF FACTS: New text is underline and deleted text is stmdit ca. INICITY COUNCIL 96-176 -.April 8, 1996 0 RDE R " First Reading - Referred to Community 6 Econ. Oevel.`Committee ..Titley Directing the City Manager to enter into an agreement with MOT-Heine M CLERK Traveler's InE ti' ACt Signage. ...................................... ITYITY CO .. April 23. 1996 ...................................... /1 K �1// Passed 7W/A'/_{hL(s*mmi. �I42lfr^/L!� ft^/ to ITY CLERK o l.Yd!^":. �{(^....`. .. ........... .uncilman Co 96—t)6 O DIRlicrionclil, S This agreement is made between the State of Maine, Department of Transportation, and the City of Bangor pursuant to 23 M.R. S.A.§1906(B). Wtmg¢As, the City of Bangor wants to administer the prohibition of Official Business Dire hional Signs; and WHEREAS, Semon 4.8 of Me Bangor Sign fearsome, Chapter VI, Article 3, bans Official Business Directional Signs from being erected within the City of Bangor; a copy ofsaid ordinance is attached to this agreement and made a pan hereof; and Wtm S,23M.R.S.A.§1922e plici0ysmks64: "it shell not be inconsistent with this chapter ifsoch stance, regulation, ordinance or resolution prohibits official business directional signs.• W1ma yc8, the Conmissionerofthe Maine DepmntentofTranspona4on finds thaz it is appropmac for the City of Bangor to assume the responsibility of enforcing its prohibition of Official Business Directional Signs pursuant to its Sign Ordinance, Chapter VI, Article 3, Section 4.8, adopted in October 1991; assume rte responsibility of maintaining any legally nonsconfanning Official Business Directional Signs; that Section 4.8 is administrable and enforceable and will he properly administered and enforced; and, that Section 4.8 is consistent with the policy and purposes of the Maine Traveler Information Services Act, 23 M.R.S.A. § 1901 et seq. Now, THPREFORE, the parties agree as follows: I The City of Bangor is au0wrimed to administer Official Business Directional Signs pursuant Section 48 of the Bangor Sign Ordinance, in lieu of the Maine Department of Transportation's Oficial Business Directional Sip Program. 2. All amendments to the Section 4.8 of the Bangor Sign Ordinance will intake written approval of the Commissioner of the Maine Department of Transportation. 3. The City of Bangor will forward wri0en notice to the Maine Department of Transportation within 10 days of repeal of Section 4.8 of the Bangor Sign. Ordinance. Dated: , 1996 Edward Barrell, City Manager City of Bangor Commissioner Maine DeparMent of Transportation