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HomeMy WebLinkAbout2000-08-01 P & Z Agenda tervi[[e 'Esta6risfied 18S7 PLANNING AND ZONING COMMITTEE MEETING AGENDA TUESDAY, AUGUST 1, 2000 6:30 p.m. I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING (S) III. APPEARANCES IV. OLD BUSINESS I. Ordinance #4 (Please bring your last version received) V. NEW BUSINESS VI. DISCUSSION ITEMS VII. CONSIDERATION OF MINUTES I. July II, 2000 meeting minutes VIII. ADJOURNMENT '--- 5. Personal watercraft 6. Personal Utility Trailer 7. Ice House 8. Small construction equipment None of the above mentioned items may have an overall length from front to back in excess of thirty-five feet (35'). D. Clothes lines, antennae, air conditioners, outdoor grills, play equipment, ornaments and monuments; and E. Temporary storage of materials and equipment during construction and landscaping. Commercial/Industrial Districts: Storage of products, materials and equipment, excluding rubbish or junk, which ;s necessary to an approved business operation in a Commercial or Industrial District, and which is completely screened from adjoining properties and rights-of-way. The Site Plan Review process is required to determine the appropriateness for storage permitted in this Section, surfacing required for the storage area and the screening required. Outside display of vehicles, equipment and merchandise for direct sale to consumers when such outside display is customary and necessary to the trade and is a permitted use within the zoning district. The Site Plan Review process is required to determine the appropriateness of the storage or display proposed, surfacing required for the display area and any additional landscaping or screening which may be required. Division 140: Surface Water Manaaement Stormwater shall be managed in accordance with the City's Surface Water Management Plan, National Urban Runoff Program (NURP) standards for the design of new stormwater ponds and the Minnesota Pollution Control Agency's, Urban Best Management Practices, titled "Protecting Water Qualitv in Urban Areas". These standard shall be applied to the review of any proposed development occurring to reduce non-point source pollutant loadings in stormwater runoff. Existing natural drainageways , natural water storage or retention areas, and vegetated soil surfaces should be used to the greatest extent possible to store, filter and retain stormwater runoff before discharge occurs into any public waters. When natural features and vegetation are not available to handle stormwater runoff, constructed facilities such as diversions, settling basins, skimming devices, dikes, and manmade waterways and ponds may be used. Preference shall be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. Development should be planned .and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Page 40 of 64 , . , COLOR SIGN SERVICE MIDWEST, INC. DATE: 7/27/00 NAME: Jim Marsh REGARDING: Sign Ordinance Information as requested COLOR SIGN SERVICE MIDWEST, INe. P.O. BOX #124 11096 61ST STREET NE. ALBERTVILLE, MINNESOTA 55301 PHONE (612)497-1374 FAX (612)497-1375 Dear Jim, Attached is the information that you requested along with a copy of the Forest Lake ordinance (hard to understand and interpret). I have photo surveyed a number of signs in your area and have written down their square footages so that you can get a frame of reference as to the size, height and setbacks. Attached is a comparison chart of sign ordinances that we had on file but it is a good fit for Centerville. The communities listed are similar in size and almost all are located adjacent to a freeway. It should give you a good comparison to draw from. The sample ordinance will give you all the verbiage and descriptions that you will need for a good ordinance that is easy to understand and fair in proportion to different types of signage. This includes billboards, if you want to address that issue. You might want to get someone from the Eller Outdoor or Adams Outdoor involved to get you some insight on that industry. I can give you names and numbers t'J call if you so desire. After working these past 30 years with most of the cities in this area, the average maximum square footage is between 150 and 300 square feet for a free standing sign. The setbacks are generally between 10 and 15 feet from the property line. The maximum height of the sign averages about 30 feet from the average grade of the road in front of the sign location. This takes care of the hills and valleys. The typical maximum square footage for wall signage is usually 15% of the building front. The square footage for the pylon is best written as I to 3 square feet for each lineal foot frontage of property with a maximum (not to exceed). A bonus is given for comer lots. I think your goal should be to write an ordinance that gives the property owner the opportunity to design creative signage (not just a box on a pole) that fits proportionally with the size of the property. Remember, a signs first function is to be seen. If you have to small a maximum square footage and to long a setback, you just don't get good sign designs. My suggestion would be a very definitative glossary (,fterms and keep it as simple as possible when writing the actual maximums for each Iype of sign in each/zone. A developing community like Centerville needs to promote business growth with a workable sign ordinance that is fair. If the ordinance is hard to understand and open to interpretation, then you will be spending too much of your time and energy dealing with variances. I am available to answer any questions your planning or council people might have. Please don't hesitate to call should you have any questions. Best Regards, Color Sign Systems, Inc. ~o~ Dave Shannon 1(800)497-2141 P.O. Box 124 11096 61 st Street NE Albertville, Mn. 55301 cc: Greg Ownes 07/21/00 09:\\ FAX 65\ 464 6874 TOWN OF FOREST LAKE ~OOJ faced signs sha 11 no t exceed two (2) ti mes the a 11 owed sql.are footage of a single-faced sign. (4) Siqn, Business. A sign that directs attention to a busi- 'le~,s or profession or to the commodi,ty, service or enter- ':ainment sold or offered upon the premises where such sign Is located or to which it is attached. (5) Sign, Flashing, An illuminated sign which has a light ~;OI.lrce not constant in intensity or color at all :imes while suc~ sign is in use. (6) Si'~ln, Ground. A sign which is supported by one (1) or more Ilpr'i ghts, poles or braces in or upon the ground. (7) Sign, Illuminated. A sign which is lighted with an artifi- cial light source. (B) Sign,. Identification. A sign which identifies the inhabi- '~ant of the dwelling, not to exceed two (2) square feet in :\i i:e. (9) Si,]n, Hotion. A sign that has revolving parts or signs which Ilr"duce moving effects through the use of i 11 umi nati on. (10) :;i';ln, Nameplate: A sign which states the name and/or address t)f the busi ness, indus try or occupant of the site and is ilttached to said building or site'.. (11) Sign, Pedestal. A ground sign usually erected on one (1) ':e~ltra 1 shaft or post whi ch is so 1 idly affi xed to the ground. (12) ;i;ln, Real Estate. A sign offering property (Ian: and/or llu'ldings) for sale, lease or rent. (13) 5i]n, Roof. A sign erected upon or above a roof or parapet "f a building. (14) Sign, Shopping Center or Industrial Park. A business sign .je!iignating a group of shops or offices (more than three (3)) , (15) 5 i gn, Structure. The supports, upri ghts, braces and frame- ',",ol"k of the sign. (16) 5i~ln, Temporary or Seasonal. A sign placed on a lot or par- :e' of land for a period not to exceed ninety (90) days out ,1' any twelve (12) month period. No sign permit fee is re- ~u'ired. (17) Sign, Wall. A sign attached to or erected against the wall Jf a building with the exposed face of the sign a plane parallel to the plane of said wall. 112 07/21100 09:12 FAX 6514646874 TOliN OF FOREST LAKE @]002 I (1:3) Sign, Harning. A sign which \~arns the pub' ic of a danger or hazard in the immediate vicinity and is Obviously not intended for advertising purposes. 727.0l, No sign shall be allowed that prevents egress from any door, \~indoVl or f ir,~ escape; that tends to accumulate debris as a fire hazard, or that is Htached to a standpipe or fire escape or in any other \~ay con- stitutes a 1a,:ard of health, safety or general welfare of the public. 727.0:. No sign may be erected that, by reason of position, shape, movement, ('J 1:ir or any othe r characteri stic. interferes with the proper functionin( of a traffic sign or signal or othet;olise constitutes a traffic hazard; ncr shall signs be permitted which would othen<ise interfere with traffic cor tn1. 727.01. Private traffic circulation signs and traffic warning signs in alleys, Jarking lots or in other ,hazardous situations may be allov/ed on private Jnperty provided that such signs do not exceed three (3) square feet and an ,Ised exclusively for traffic control purposes. 727,0:'. Private si gns, other than publ i c uti 1 i ty warni ng si gns, are prohi bi ted ',Ii I;hi n the pub 1 i c ri ght-of-way of any street or ~/ay or other pub1 ic prOf'er1:Y. 727,01:. Illuminated signs may be permitted, but flashing signs, ex- c pt ones <Iiv'ing time, date, temperature, weather or similar pUblic service information, shall be prohibited. Signs giving off intermittent, rotating or directilloa'! light \~hich may be confused with traffic, aviation or' emer- gency sign.,ll ing are prohibi ted. 727.0'1. Political Sians. Political signs are allowed in any district, on ptivate property, with ~he consent of the owner of the property. Such signs must be removed within seven (7) days following the date of the election O' elections to which they apply. 727.H. Displays. In any district, animal displays, lights directed skyward. pieces of sculpture, fountains or other displays or features which do not clelrly fall within the definition of a sign, but which direct atten- tion to an oeject, product, place, activity, person, institution, organiza- tion or bu;ir,ess, shall recuire a conditional use permit. Mobile signs on ',<hee 1 s or :ther'lli se capab 1 c of bei ng moved from place to p1 ace sha 11 conform to the prOiisions of this Ordinance just as permanently af.fixed signs. 727.11. Illuminated signs shall be diffused or indirect so as not to direct rays af light into cdjacent property or onto any public street or way. No illuminated signs or their support structure shall be located closer than t\'lent~'-i'ive (25) feet to a road~lay surface or closer than ten (10) feet tc' a road r';\lht-of-way lin,' or property line, notwithstan'ding more restric- t'/e portions of this sect. on. 113 " 07/21/00 09: 12 FAX 651 464 6874 TOWN OF FOREST LAKE ~003 727.12. Keal estat,~ sales signs may be placed in any yard providing such signs/a'e not close~ than ten (10) feet to any property line. 727.13. Real estate development project sales signs may be erected for the purpose of selling or promoting a single family or multiple family residential .Jrcject of ten (10) or more dwelling units, provided: (1: Such sign~ shall not exceed one hundred (lOa) square feet in area. (2 \ Only one :1) such sign shall be erected on each road frontage 'I/ith a ma;dmum of three (3) such signs per project. (3' Such sign~; shall be removed when the project is eighty per- cnet (80X' completed, sold or leased. (4 Such sign~; shall not be located closer than one hundred (100) feet to allY exi sti ng resi dence. (5: .Such si gn~; over thi rty- two (32) square feet sha 11 on 1 y be permitted by a sign permit. 727.14. Multiple f"mily dwelling project identification signs may be erected for t.1e purpose e,f identifying a multiple family dwelling project of three (3) ~r more d~le 11 i ngs. Such sign sha 11 not ~)Cceed seventy (70) square feet, 1d only one (1) such sign shall be ~rected at each entrance to the projec t, but in nc case shall there be more than four (4) such signs for anyone (I) project. 727.15. C:lnstructien signs not exceeding thirty-two (32) square feet in area shall be allowed in all zoning districts during construction. Such signs shall t,e I"emoved ~,hen the project is substantially completed. 727.16. S~gns shall not be painted directly on the outside wall of a building. Si')ns shall nct be painted on a fence, tree, stone or other simi- lar objects 1n any district. 727.17. R':lof signs are prohibited in all districts. 727.18. S~gns on bEnches, newsstands, car stands, bus stop shelters and similar (Ia.:es shall require a sign permit as provided in th's section. 727.19. Electrical Signs. All signs and displays using el(,:ctric po~er shall tav~ a cut-off switch on the outside of the sign and on the outside of tte )uilding Or structure to which the sign is attached. No e1ectrically illuminated signs shall be' permitted in a residential or agri- cultural dist--i;;t. 727.20. Inside Signs. The regulations contained herein do not apoly to signs pair.ted, attached by adhesive or othenlise attached directly ,0 or visible throl ~h windows and glass portions of doors. 114 , - 07/21/00 09:13 FAX [;51 464 6874 TOWN OF FOREST LAKE 141004 727.21. Offensive Signs. f'lo signs shall contain any indecent or offensive ~ic:ure or written matter. 727.22. Required Signs. In all zoning districts one (1) identifi- cation sign sl1al \ be required per building, except accessory structures and residential bnildings whiCh shall be required only to display the street address or prl)pe:"ty number. 727.23. Advertising signs shall not be located closer than three thQusand (3,OO:J) feet to any other sign on the same side of a street or highway. 727.24. "IuHi-faced signs shall not exceed two (2) times the allQ~led square footag~' or a single-faced sign. 727.25. ~x::ept for more res tri cti ve sub-sections of thi s Si gn Secti on, no sign that (.(c,~eds one hundred (100) square feet in area shall be erected or maintained: (1) W:'lich would prevent any traveler on any street from obtaining a clear view of approaching vehicles on the same street for a distance of five hundred (500) feet. (2) Which would be closer than one thousand three hundred fifty (I,350) feet to a national, state or local park, historic site, picnic or rest area, church or school. (3) Which would be closer than one hundred (100) feet to residen- t"lal structures. (4) WI',ich 1-Iould partly or totally obstruct the view of a lake, r"iver, rocks, ~Iooded area, stream or other point of natural and scenic beauty. 727.25. Si qns by Conditi ona 1 Use Permit. vlhere a use is permitted in d zoning di~it1^ict by Conditional use permit, the sign for that use shall require a conditional use permit unless the sign is otherwise provided for in 'his ordinadce. 727.27.iigl1s in Agricultural Districts. No signs shall be permitted in ,jn agricultural district except the following enumerated signs if auth- ori <:ed by a s i';n permi t or other permi t as provi ded in thi s Ordi nance. (1) Type of Signs Al1olved. Nameplate, real estate sales, ground, political, temporary, wall, identification and business. (2) No sign shall be so constructed as to have more than two (2) surfaces. 115 07/21/00 09:13 FAX 651 464 6874 TOWN OF FOREST LAKE ~005 I' (3) NU~lber of each type of sign allowed per lot frontage. One (1:, (If each of the permitted type signs except temporary si~,ns where two (2) will be permitted and political signs whe:re one (1) for each candi da te will be permitted. (4) Si<:e. Not more than a total of thirty-two (32) square feet wi th an eight (8) foot maximum for any dimension except as otrlerwise restricted in this section. Total squar~ feet of per'm~ tted si gns per lot or parcel shall not exceed one hU'idred (100) square feet. (5) Height. The top of the display shall not exceed ten (10) fe:t above grade. (6) Setbc.ck. Any sign over two (2) square feet shall be setback atl€!m tcln (10)fuat fl'om any lot Hnll. 727.28. Pemitted Signs in Residential Districts: (1) TY:les of Signs Allowed. Nameplate, real estate sales, po itical, ground, temporary, wall and identification. (2) No 5i.]n Shall be so constructed as to have more than two (2) su:'fa,:es. (3) Nurlbe~ of each type of sign allowed per' lot frontage. One (1 ' of each of the permi tted type si 9ns, except temporary silins where two (2) will be permitted and. political signs whE,re one (1) for each candidate will be permitted. No more th<.n:hirty-two (32) square feet of total display area will' be Jel"mitted at anyone time in developed areas. (4) Si,e. Not more than a total of sixteen (16) squar~ feet with a j"JUI' (4) foot maximum for any dimension except i; otherwise re~tr~cted in this section. Total square feet of all signs shz 11 not exceed thirty-two (32) square feet per lot. (5) Hei~,h':. The top of the display shall not exceed eight (8) feet above grade. (6) Set~lack. Any sign over one and one-half (1~) square feet shall be setback at least ten (10) feet from any lot line. 727.29. Permitted Signs in Corrmercia 1 Districts. (1) Typ: of Signs Allowed. 8usiness, nameplate, identification, i 1 Lmi nated, ground, pedesta 1, motion, po 1 i ti ca 1, rea 1 es ta te sa1:s, ShOPPing center where there are three (3) or more busi- nes;e" temporary and wall. Advertising by conditional use per'rit. only. , 116 07/21/00 09:13 FAX 651 464 6874 TOWN OF FOREST LAKE 1i!J006 (<) Number of each type of sign allowed per lot frontage. One (1) advertising sign on any lo~ having a frontage of one hundred fifty (150) feet or me'e. One (1) real estate sales sign, two (2) temporary signs, one (1) nameplate sign, one (1) pol Hica1 sign for each ca1didate and one (1) business sign or one (1) shopping cente- sign. (:) Si ze. (a) Except as provided herein, the total square footage of sign area for each lot sh.)1l not exceed two (2) square feet of sign area for eaC:1 lineal foot of lot frontage. except where a location ii a corner lot, the amount may be increased by one (1) s1uare foot of sign area per front foot of public righ:-of-,Iay along a side lot line. (b) No sign shall exceed two lundred (200) square feet in area. (c) Each real estate sales si'ln. temporary sign and political sign shall not exceed thi.ty-five (35) square feet in area. (d) Each nameplate sign shal1 not exceed one hundred (100) square feet in area. (41 Height. The top of the displaJ shall not exceed thirty-five (35) feet above the average grade. (" J .' 5ettJw,: I\ny sign oyer six (01 sQuan: fe1!t ~Ml1 De mMc); at least ten (10) feet from an? lot line. In no case shall any part of a sign be closer than tNO (2) feet to a vertical line draNn at the property linl~. All signs over one hundred (100) square feet shall be setllack at least fifty (50) feet from any residential or agricultural district. Permitted Signs in Industrial Districts. i27,30. (1: Type of Signs Allowed. Advertising, business, nameplate, illuminated, ground, pedestal, political, real estate sales, temporary, identification, wal- and motion. (2: Number of each type of sign al-owed,per lot frontage. One (1) advertising sign on any 101: havlng a frontage of one hundred fifty (150) feet or mOI'e. One (1) of each of the permitted type signs except tenporary where t~,o (2) will be permitted and pol itical signs "here one (1) for each candi- date will be permitted. (3: Size. (a) Except as provided herein, the total square footaoe of sign area for each lot shilll not exc~ed two (2) square 117 I I I I, I 07/21/00 09:14 FAX 651 464 6874 TOWN OF FOREST LAKE ~007 feet for each lineal foot of lot frontage except where a location is a corner lot, the amount may be increased by one (1) square foot of sign area per front foot of publ ic right-of-way along a side lot 1 ine. : b) No sign shall exceed two hundred (200) square feet in area. ':c) Each real estate sales sign, temporary sign and political sign shall not exceed thirty-five (35) square. feet in area. ' (4) l'.eight. The top of the display shall not exceed thirty-five (35) feet in height above grade. (5) Setback. Any sign over ten (10) square feet shall be setback ilt least ten (10) feet from any lot line. In no case shall clny part of a sign be closer than two (2) feet to a vertical line drawn at the property line. All signs over one hundred (100) square, feet' shall bE!' setback at least fifty (50) feet" from any residential or agricultural district. 7'2.7.31. Pe:rmitted Signs in Planned Unit Development Districts or Uses Requ i ri ng a C lnclitiona 1 Use Perm; t. (1) Type, number, size, height and setback as speCifically auth- Qrized by terms of the issued permit. (2) To tA~' 8Ji't@nt fea5ible ana Pl'acHea~le, sign5 shall be rgijU. 1atedin a manner similar to that in the use diStrict mO'st appropriate to the principal use involv~d. 727.32. Sign Design, Construction and Maintenance. (1) Required marking on signs. (a) After the effective date of this.Ordinance, every sign for which a permit is required shall have painted in a conspicuous place thereon in letters not less than one (1) inch in height, the date of erection, the permit number and voltage of any electrical apparatus used in connection therewith. (0) Every outdoor advertising sign erected under the provi- sions of this Ordinance shall be plainly marked with ~he name of the person or firm erecting such sign. (2) Projecting Signs. Except for marquee signs, signs Shall in no case project from a building or structure to any paint within two (2) feet of a line drawn perpendicularly upward from the curb line. No projecting sign shall be less than 11B 07/2lc/00_ 09:14 FAX 651 464 6B74 TOWN OF FORES' LAKE IilJ OOB nine (9) feet above the sidewalk or the ground le~e1. All projecting signs for wh eh a permit is required s~al1 be constructed entirely of fire resistant material. (3) Ground Signs. (a) No ground sign shail be erected, constructed, altered, rebuilt or relocatJd to a height at the top af the dis- play exceeding thirty~five (35) feet above the ground, unless otherwise r,stricted in this section. (b) no ground sign dioplay for which a permit is required shall be erected to a height of more than twelve (12) feet above the gnund, unless the face is constructed of sheet metal or Jther noncombustible facing materials. (c) The bottom of the facing of every ground sign shall be at least three (3 feet above the ground, which space may be filled witl landscaping, platform or ~corative trim of light woo, or metal construction. (d) The soil used for the dug-in type of anchor or post support shall be' arefully placed and thoroughly com- pacted. 'The anchl rs and supports shall penetrate to a depth below groun' greater than that of the frost line. (4) Wall Signs. Wall sign attached to exterior walh of solid masonry or concrete sh 11 be safely and securely attaChed to the same by means of m tal anchors, bo lts or expallS ion' screws of i\Ot les~ than throfl ~igl1tM (3/8) inch in j15m~tI~r which shall be embedded at last five (5) inches. tlo wooden blocks or anchorage with wood used in connection with screws or nails sha 11 be cons i dered pr ,per anchorage, except in tlue case of wall signs attached to buildings with walls of woad. No wall sign shall be entirely supported by an unbraced parapet wall. 15) Sign Maintenance. (a) Painting. The ow ler of any sign shall be relitlired to have such sign prJperly painted at least once every two (2; years, if nee Jed, including all parts an~ supports of the sign, unle;s such parts or supports are galvan- iZf:d or otherwiSE treated to prevent rust.. (b) Area Around Sign. The owner or 1 essee of anl si gn, or the owner of the land on which the sign is lucated shall keep the grass, ,. :eds or other. growth cut and the area free from refuse Jetween the s19n and .the street and also for a distar:e of six (6) feet behind and at the ends of said sigl . 11' 07/21/00 09:15 FAX 651 464 6874 TOWN OF FOREST LAKE ~009 727.33. Obsolete Signs. Any sign for which no permit has been issued sha 11 be taken down and removed by the owner, agent or person having the beneficial USE! of the building, structure or land upon which tile sign may be found within thirty (30) days after written notice from the Zoning Admin~ istrator. 727.34. Unsafe or Oangerous Signs. Any sign which becomes structur- ally unsafe or I!ndangers the safety of a building or premises or endangers the publ ic safe':.y, sha 11 be taken down and removed or structurally improved by the owner, a.;ent or person having beneficial use of the buil'..ing, struc- ture or land IIp!:n which the sign is located within ten (lO) day. after written notiCE! ':rom the Zoning Administrator, 727.35. P',rmit Fees. The application for a sign permit shall be accompani ed t:y it fee of fi fty do 11 ars (S50. DO) or fifty cents (, 50~) per square foot 01' :;ign area, whichever amount is larger. The amount of S50.00 will be an annUill fee. If the sign is cnanged, another $50.00 fee will be charged. SiSlls will be issued only with a conditional use permit. 727.36. E:.;piration of Permit. All sign permits for an advertising sign, busines!; :;ign, motion sign, pedestal sign or any s;gn over one hundred fifty ('ISO) square feet in area shall expire three (3) years from the date of i:isl:ance. If the work authorized under a s;gn permit has not been completed within s;x (6) months after the date of issuance, the permit shall become null and void. ,( ..\-...,f '. ~aI-- , -..... Jill' , fL; I ~ \ iJ.' '. -' f~'. I i ,\ ; ~ ~\0 120 r 07/21/00 09:22 FAX 651 464 6874 TOWN OF FORESl LAKE 141010/010 727.37, ~ii(ln Permit Chart ~i( Advertisina Si,~. Business Sign Flashing Siqn Ground 5i on III un 'na ted Si ,n Identification Si l'IOtion Sian 11amealate Sian , Peces tal Sian Rea; Estate Si,;n '-' Roo f S i on ShaaDino Cente' Sion . , ... > '" ... ,- '" .... .... '" Cl '- '" V> a a '- .- .... ~ Cl Cl '" ~ .- I... '" ~ ~ c => .- '" '" => .... .... ~ .- ~ c U I... "'" => '" l.. ... <IJ U -c <IJ '^ c .- .- ~ => c l.. '" "0 '" <lI '" 0 c ~ <<: ex: u - ~ - N C SP I N C , c I c SP SP I C I N I N N I N I N I I I P ! P SP SP C I ! I N i 1'1 SP SP C gn I p p p I p I c " N 1'1 I SP SP I C SP , I I I I I I I I I 727.29 I 727.30 I ! I I I I I I I I I 727,31 SP SP SP SP c p P SP C' P N N P SP c P P P c N N N SP P N N SP c Temoorarv or S~asanal Siqn \'Ia 11 Sian "amino Sian Pa: itica1 Sian Disol. '(s P SP p c SP SP P P P P P P c P P p c N c C c See These Sub-:iec tions fer Fur:her Detail 727,27 727,28 SP Sign Perm't C "Condition,;! Use Permit with'Public He,ring P : Permi tted Use ~ : Not AllolVl!d 121 'J4r,L,A ~ :5 tr-/C ,.I( (j ~ AJ'l'h'ZoJT oSt TooT1fd" IN ~ 0: C ,4C7/C,,tfC ;"'~. ~r.) ,)/ifY5!lf 6" I ZS6 S~. ~T 3~ I Hic;!-/ q?j1AJc.- -\ (.;-'..!>. l"'i~ t;,.) """" "'~~'~tii. ~..:<""\"",~"" .U:,...,,,,........ ,.;"':.....:-'.'-,..-.'.' .,-,,-.,:. . ,j';:" . .~.. ., ,~ ..;;2- ;-iMaco Ci~~: "f~,~ ~t." l' t ,.~. ,~, r --;-- --d r"" 132' 140' 148' ~ :"U !.!.....:.......y:~ .'\ ~. j'_\ !=e,~ c."i'W;as;, ,,,,-...1".-..-,,,>_,- ,\'" .:~;\::,{::. ,~:2~::".j :~..1 11 -. ,U: .~ ,',~._ I .~. '1":'~'1 , 1 t- ,;:- .j ;'~.: ....... 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MODEL SP-8x36 -r T 6'0" 1 -T 2'0" --L 35' Subm IlIed b . B. Moore Accepted by: ~- 8'51(2" I 8' 4 1{l" -----1 T 2'0" -.l T 2' 81{l" ~ 8" SQUARE TUBES ~ L---. ^~~S~ T 6'0" I J T 2'0" -L T 2'0" L I 2' 8 1/2" ~ ~,,? U' UJ ",) 1cJ to ~.-(~p1- --------.---".--.-- - A. AMIf:;RIC;AI' ....# "e:L.C'rllllON'C ...,! N. 3B08 SuflMln Ad Spokane Industrial Park, Building 10 Spokane WA "9218 1-800-727-9111 FAX: (509) 9&2968 ) ~_c --- 8' 5 1{l" ~---- --- 8' 4 1{l" I ~~ 1CF BANK J i en :I-.!: d .1..:: d..:' .. .. - oil ... ..... I: il !! a... !! il Ii . I. lu. .... 1..2 ~~- - I........'...'....r ;', ,~1 , : i ~ ,e, ,;j j; ;: ;d , ;:. ;(\ : 111 ;;:i!,:i, !; " " ; ; _ ; I ~ .: '!l i;; n:H This dooIgn is Iho;;;;;:) <1 AMERICAN ElECTRONIC SIGN lI1. aI rfgftm to III UII8 or ~(tbn en reeervod. The proposed display contingent upon verifica1lon of all conditions end dimensions by and is subject to local ordinances. 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V) r--- Ii 0- C/l \0 ~ '" '" - C &2'0 r/J >.t.. 0 N-=t:..I..c - r.<.. ;>-. ~ o OJ 7 OJ .... ~ N .... o o - .... 1:: OJ OJ C 0.._ 2-l <'l. .... 1:: OJ OJ e 0. ._ 2-l "" '" 0,) 01__ 4-; u '"'Cl (\) o - OJ :;:Raco!:: ~.~ E 00 VIcES >.t.. '" - '" N 00 N .... o o - '" o ~ o N .... OJ 0... . ca ...... ~ v g . e .. r::::r'0- ~ r/J-l 0l Q" '- ........ ;:l 0 >.t.. OJ . 01)>( g.;;!(I'l 0""0 t2.sg o - o.;:? ;:l~ ';1:.0 o ~ V) - :,f. V) N ;:? c> .,., OJ C o Z OJ e o Z OJ C o Z C o i;;' U ~ ~ OJ ~ C>.t.. o en ~'aJ C ~ o ~ <lJ .... e <lJ 0.<:: Z (5 <lJ c:: o Z <lJ e o Z III o III :tg :a~ ~!! k.~ ~. { . . ... . PLANNING DEPARTMENT ~~ COUNTY OF SANTA CRUZ ,~ .l:~~';';::";'~~," .~ ".= ~'~ ~ __. 701 OCEAN STREET SANTA CRUZ. CALIFORNIA 95060 ...... - ':?:~~)'~::::~~,::7:'=1::'~lf:!;. GOVERNMENTAL CENTER (406) 425.2\94 WAL TEFl J. MONASCH AlP PLANNINC DIRECTOR November 15, 1973 HENRY R. BAKER DEPUTY PLANNING DIF/ECTOR Statement from: Walter J. Hanaseh, AlP Planning Director Santa Cruz County, California Past President American Institute of Planners To: R. M. Oliphant Neon Products Limited P. O. Box 2063 Vancouver 3 B. C. Signs of varying types are probably in terms of total cost of production and construction, a relatively minor part of the total development process in most of our communities. They have, how- ever, had two proportionately much larger impacts on these com- munities. 1. Because of the visual impact which they often have, they tend to overwhelm the uses to which these signs are only incidental, and ~. 'I'hey take an ~nord1nately large amount of t1me of all part1c1- pating parties, including the manufacturers, the eventual owners and users and the public agencies which are charged with their review. This proposed uniform sign code is, I believe, an extremely welcome study by industry representatives which can assist all these parti- cipants in a mOre effective review of specific proposals, and which can lead to a more integrated USe of signs in our urban scene. The effort is particularly useful since it is broadly encompassing and does suggest substantive uniformity but still permits adaptation of the overall proposal to specific and widely differing needs. Many communities will wish to adopt some such code as a separate element whereas many others will integrate the necessary parts of it into their comprehensive zoning and development control or- dinances with a number of the evaluative criteria and the specific fees left to be adopted by more easily amendable resolutions. Either way, the document does provide a comprehensive checklist of controls for a subject which has been all too often plagued with emotionalism and panic reactions. Even if the attached document does nothing but provide a commOn starting point for discussion, it will serve a most significant purpose. It should therefore receive wide distribution and thoughtful consideration. WJM:elb ~ . I Introduction Reasonable uniformity in business standards is not only desirable on a continenlal basis, it is essential. Great progress has been made in attaining uniform standards in many areas, such as in the field of electrical equipment where an ever greater number of communities are accepting the standard of underwriters' laboratories (48) in the United States, or of Canadian Standards Association (C.S.A.) in Canada. The field of safety controls for ve- hicles, standardization of government high- way signs and signals, accepted food stan- dards, and a miscellany of other areas are further examples of where identical or similar regulations greatly outnumber the variables. Were this not 501 business could hardly func- tion on a national or international basis. The imperative need for such workable uniformity is rapidly being recognized on an international basis, evidenced by such things as Britain converting to a decimal system for money and North America preparing conversion to the metric system. Unfortunately, the present situation in the visual-communication field is much less satis- factory, There are several reasons for this, the i1iuminated sign as we know it today has really had a very short history. Neon signage only appeared in noticeable numbers during the 1930's, and the enormous proliferation of plastic signs in the last 25 years. During most of this period, the majority of communities either had no real sign legislation, or in many cases, controls were outdated. Many sincere attempts are being made all over our continent to improve our cities aes- thetically. Unfortunately, there is little uni- formity in these attempts. Hundreds or thou- sands of cities, towns and communities are attempting to write legislation to control sign age. Many of them with the best possible intentions are creating impossible situations. For instance, instead of developing very strict and carefully planned quality controls, spacing regulations and bon using formula, all of which are workable and will abolish much of that which is unsightly, fhey have made the very great mistake of attempting to control aes- thetics or to vest in appointees power to in- voke their own taste, which is not only very dangerous, but in many cases, illegal. The result of all this is that a national adver- tiser, for that matter a national sign supplier, is facing an almost impossibly chaotic situa- tion, with almost as many variations in that which is permitted as there are communities in which he does business. Unfortunately, fhe sign indusfry has aiso over- reacted to a difficult, but solvable situation with scores of sign associations in cities and provinces and states pUblishing their own suggestions for workable by-laws wit" pro- portionately as many variations and contra- dictions as have been created by the com- munities. We do not believe the average community can be expected to write a sign code without as- sistance from experienced people in the sign industry. Neither do We believe that a regional sign association with almost as many different viewpoints as there are members and whose members vary greatly in experience can com- pile such a thing in committee. We have so stated in a published corporate policy state- ment and in numerous articles that have re- sulted in suggestions from people at all levels of government and from cities and communi- ties of greatly varying size that we propose a uniform sign code. We recognize, therefore., that this proposed code must include material that would have no application for certain communities. We also recognize that some cities may have un- usual zones or situations or that these may occur in the future which will require con- sideration that we have not contemplated. Every attempt has been made to design this proposed code to be as universally helpful as possible and in such a manner that material may be selected from it to suit each individual circumstance. In considering the construction of any code to regulate signs, one has to choose between three alternate methods to determine the size and placement, etc.. of signs within a munici- pality. Generally speaking, these are: t. a . right-of-way approach. 2. a zoning land use approach. 3. an approach by individual type of business establishment. There is no code in North America that is solely exclusionary in opting for one of these philosophies regulating either on premise or off premise signage. This Code Is predominantly a combination of a right-at-way code and a zoning approacn. It does not in any place regulate by type of business establishment. For example, service stations are not treated separately from fast food franchisers or Industrial buildings. We believe that the establishment type of approach tends to be discriminafory. For example, an independent fast food merchant with an op- eration similar to that of MacDonalds might need a totally different type of signage from that of MacDonalds because the latter are part of a large marketing network where the signage can be backed up with an intensive program of advertising in other media. The independent merchant on the other hand can- not afford to buy city-wide coverage of other advertising for his single establishment and must rely more heavjly on either on premis6 signage or directional off premise signage. Similarly, an independent neighborhood serv- ice station has vastly different requirements from a freeway orientated outlet of a national chain. It is our opinion, therefore, that in ad- dition to the danger of discrimination, the es- tablishment type approach would in the long run be less than beneficial to a community. We have used the approach of zoning or tying signs to a particular land use, while basically considering the right-at-way ele- ments, such as speed of traffic, distance and setbacks. It will be noted that this Code deals with all types of sign age, visible from the public rights- of-way. This is essential, as experience in many communities has proven, any code which controls, licences and provides for inspection of some sections of the sign industry with less control over others, will result in the prolifera- tion of that which is least controlled, very often resulting in a more cluttered and undesirable situation than that which it was attempting to correct. It is an unfortunate fact that a great deal of legislation often limits the large illum- inated product produced by the more profes- sional or sophisticated companies, with the result that an advertiser utilizes an ever larger number of those sign units which are not properly controlled, even to the inclusion of homemade devices. Signs are recognized as an essential com- munication medium which is absolutely essential to the travelling public and in par- ticular to newcomers and visitors to any com- munity. They are frequently the only means by which an individual can locate the goods or services that he requires. We have recognized that not only are there differences in terminology between countries, but even in different areas within the same country. We have noted examples where even reasonably adjacent cities will in one case use a term like "ground sign," another will use "freestanding sign," and yet another will use "detached sign." We have attempted to cover the various alternatives in the defini- tions, to select throughout the work that term that we believe will be most universally under- stood. There is much that any advertiser can do voluntarily to visually improve his premises, his image and, therefore, his community. Believing that inducement is much more pal- atable than compulsion, we have introduced the innovative use of bon using in this pro- posed Code, where, for instance, an adver- tiser can have a larger copy area on one given type of signage if he foregoes other signs, or whereby an advertiser can be permitted a somewhat greater area or height on a free- standing or ground sign if he will tastefully landscape the area in which it is installed and maintain such landscaping. We have attempted to compile this work in the best interest of our communities, our cus- tomers and our industry. We sincerely hope that this Code will make a substantial contri- bution to better quality signs and to more uniformity of controls throughout the country. PERMISSION IS HEREBY GIVEN TO ANY GOVERNMENT AUTHORITY TO COPY OR DUPLICATE THIS DOCUMENT IN WHOLE OR IN PART. OUR PRINTERS HAVE BEEN AU- THORIZED TO USE ANY OF OUR PLATES OR MATERIALS FOR THE BENEFIT OF ANY SUCH AUTHORITY DESIRING TO PUBLISH THEM. ., . TABLE OF CONTENTS SECTION 1 Sec. 1.1. Sec. 1.2. SECTION 2 SECTION 3 Sec. 3.1. Sec. 3.2. Sec. 3.3. Sec. 3.4. Sec. 3.5. Sec. 3.6. Sec. 3.7. Sec. 3.8. Sec. 3.9. Sec. 3.10. Sec. 3.11. Sec. 3.12. Sec. 3.13. SECTION 4 Sec. 4.1. Sec. 4.2. Sec. 4.3. Sec. 4.4. Sec. 4.5. Q~^ 1.5. ,-,,-,,-,, Sec. 4.7. SECTION 5 Sec. 5.1. Sec. 5.2. Sec. 5.3. Sec. 5.4. Sec. 5.5. Sec. 5.6. Sec. 5.7. Sec. 5.8. Sec. 5.9. Sec. 5.10. SECTION 6 Sec. 6.1. Sec. 6.2. Sec. 6.3. Sec. 6.4. Sec. 6.5. Sec. 6.6. Sec. 6.7. Sec. 6.8. Sec. 6.9. Sec. 6.10. Sec. 6.11. PURPOSE OF CODE ....m Statement of Purpose .... Short Title m.. DEFINITIONS PERMITS, FEES, INSPECTION AND INDEMNIFICATION ........ ......m...... Permits Required .......mmm........m..... Sign Contractors License m....... Indemnification for Sign Installation and Maintenance ....m..m" Insurance ____.__.uummnm.m.." Federal, Provincial or State Licenses. Permission to Install .. ...m..',' Application for Permit Issuance - Denial om_d' _..m_.__ . - Effect of Issuance. Permit Fees "'umn Sign Permit Appeais m.... . m,m." Notice of Change of Si9n Owner or User. Inspection m." ..m.'....... SIGNS PERMITTED IN ZONING DISTRICTS OF CITY ..m...... Residential Zones (Light Living Density) Commercial Building Zone .... .............. . Shopping Center and Highway Commercial Zones ....................mm..... Heavy Density Commercial and Industrial Zones __un__u._uu_.nu.__ Medium Density Industrial Park Zones Limited Commercial Zones Medium Density Commercial and Industrial Zones . REGULATIONS AND LIMITATIONS OF PERMITTED SIGNS ". Free Standing (Ground) Signs. . Off Premise (Outdoor Advertising Signs) Wall (Facia) Signs. . Roof Signs ....mm...... ......m... Projecting Signs ..m..m.... .. Canopy (or Marquee) Signs. .....m.'" Signs on Awnings Sloping Roof Signs Other Signs ....m....... Free Standing Sign - Decorative Embellishments Page 1 1 4 6 14 14 14 14 14 15 15 15 15 15 15 16 16 16 18 18 18 18 20 20 20 21 22 22 24 26 ............. 27 29 31 31 32 32 PROHIBITED SIGNS ....mm.m.......... Animated and Intensely Lighted Signs Miscellaneous Signs and Posters ... Moving Signs m." Abandoned Signs m.'" ,"'mm'" . Parking of Advertising Vehicles Prohibited Public Areas .....w,... Banners, Pennants, etc, Flags mm....m.. Swinging Signs. ....m....... . "A" Frame or Sandwich Board Signs Portable or Wheeled Signs 33 34 34 34 34 34 34 34 35 35 35 35 36 'I I . , , I 1 j I '! t, Page Sec. 6.12. Visible Angle iron Frames nn mnnn___'n___ 36 Sec. 6.13. Unclassified Signs .___.___ nnnn___nnnnmm.m.___n.___ 36 CONSTRUCTION SPECIFICATIONS ___.m___n.n 37 Compliance with Building Code ___nm mnn'n.___ 37 Construction of Signs, Auxiliary Specifications 37 Free Standing Signs - Materials nnn. . 37 Electric Signs nmm.m.nnmmnnn.nnn.______nn___.___n 37 Glass nnmnmnnmm.nmn..nnn___n.nnmn.nnn..nnnn 38 Strength of Parapet Wall nn.nn'n.nnnnn___nn'nn' 38 Supports and Braces mnmn.nnn.m___m nm______nm 38 Wind Loads mnnnnnnnn___mmnnn___nm.mmn___.___n 38 Sign Anchoring nnnn.___n m_.___.m.nmm nnnn___n.n' 38 EXEMPT SIGNS .m'm___' mnn'nnm.m.n 39 Permit Exceptions .nnmn______.nn.nm.m.___.mnn.nn 39 Exempt Signs nnmnnnm.m___nnn.___mmnmnnn 39 REMOVAL AND DISPOSITION OF SIGNS '___n 42 Maintenance and Repair nnnm'n mnnmn___n'___n 42 Abandoned Signs nnnm.mmnnm.mn______nn___n.n___ 42 Dangerous or Detective Signs n.nnnn_m___nn______ 42 Unlawful Signs mnn.nnnmnn_nnn_________nnn.nn.n___ 42 Street Improvement Projects nn___nnnnnn'mnn... 42 Removal of Signs by the Administrator m___nnn 42 Disposal of Signs - Fees.mnm.m.m_nn 43 LEGAL NON-CONFORMING SIGNS nn 45 Legal Non-Conforming Signs n.mm.____________nnn 45 Legal Non-Conforming Sign Maintenance and Repair mmmmn..___.....m.nm.n___..mnm.n..nnn 45 SECTION 11 SPECIAL SIGNS AND SIGN DISTRICTS mnn 46 Sec. 11.1. Subdivision Development Signs n___mnn___m 46 Sec. 11.2. Signs for Special Events . 46 Sec. 11.3. Non-Exempt Signs for Direction or Instruction 46 Sec. 11.4. Special Sign Districts n...n______n mnmm___..nn.mn 46 SECTION 12 SIGN CODE BOARD OF APPEALS nnn_________n 48 Sec. 12.1. Sign Code Board of Appeals Created nn___nn___ 48 Sec. 12.2. Membership of Board nn_n_m___nnm___nn___..m__n__ 48 Sec. 12.3. Identity of Voting Members m nnnnnnnnnnn.___n 48 Sec. 12.4. Identity of Non-Voting Members nn nnm______.___n 48 Sec. 12.5. Board Jurisdiction and Power n___n 48 Sec. 12.6. Criteria tor Board Decision nnnnm___n___mn_n___n '48 Sec. 12.7. Perfection of Appeal and Stay of Proceedings 49 Sec. 12.8. Board Procedure n.___nnn___..______.m__mmmmm__n__ 49 Sec. 12.9. Advice from Board of Appeals nn.nnm______nn.mn 50 Sec. 12.10. Notice of Hearing. __nnn..n___ mn__nn.nmnn___ __mn 50 Sec. 12.11. Hearing m___n_n__mnnnn_n_n___n..n.n..nn___n 50 Sec. 12.12. Hearing Minutes and Decisions nnnn 50 Sec. 12.13. Council Review of Board Decisions nn___.n 50 Sec. 12.14. Clerical Assistance 'for Board n___m.n.___.m__n___.. 50 SECTION 13 ADMINISTRATION AND ENFORCEMENT n.___.. 51 Sec. 13.1, Code Administrator nmn___mnm .___nmm.m___...n_. 51 Sec. 13.2. Inspection by Administrator n___'nm.mn.n..___nmn 51 Sec. 13.3. Code Violations and Enforcement nnnnm.m"mn 51 Sec. 13.4. Civil Remedies nm.__nnm.m.m.m.mmmn___nm__n.n 51 Sec. 13.5. Criminal Penalty m"nn_m____nnm"nnnn___n_nm._m 52 Sec. 13.6. Assurance of Discontinuance nn.m______"___m._n___ 52 SECTION 7 Sec. 7.1. Sec. 7.2. Sec. 7.3. Sec. 7.4. Sec. 7.5. Sec. 7.6. Sec. 7.7. Sec. 7.8. Sec. 7.9. SECTION 8 Sec. 8.1. Sec. 8.2. SECTION 9 Sec. 9.1. Sec. 9.2. Sec. 9.3. Sec. 9.4. Sec. 9.5. Sec. 9.6. Sec. 9.7. SECTION 10 Sec. 10.1. Sec. 10.2. SECTION 14 CONFLICT, SEVERABILITY, AND EFFECTIVE DATE mnnn...nnnnnn..___.___"__. 53 Section 1 PURPOSE OF UNIFORM CODE ~ I A UNIFORM CODE RELATING TO SIGNS VISIBLE FROM PUBLIC RIGHTS - OF - WAY: PRE. SCRIBING REGULATIONS AND STANDARDS: ESTABLISHING A SIGN CODE BOARD OF APPEALS: PROVIDING FOR ADMINISTRATION AND PROCEDURES: REQUIRING LICENSES AND THE PAYMENT OF FEES: PROVIDING FOR PENALTIES. ) I .i Sec. 1.1. Statement of Purpose The code creates the legal framework tor signage regulafjons that is intended to facilitate an easy and agreeable communication between people. It recognizes the need to protect the safety and welfare of the public, the need for well maintained and attractive appearance in a community, and the need for adequate business identification and advertising and communica. lion. This code recognizes that aesthetics and design quality cannot be satisfactorily legislated, as individual opinions vary and general public opinions vary from one era to another. It is recognized, however, thaI a great percentage of that which is unattractive can be eliminated by sensible quality control, through adequate maintenance and inspection and by reasonable guidelines formulated to minimize clutter. Tastefully proportioned and .well.spaced projecting signs are permitted. . See triangulation formula Section 5:5. Photograph 2 Photograph 3 Photograph 4 Photograph 5 This code authorizes the use at signs visible from public rights-ot-way provided the signs are: (1) Compatible with their surroundings, pursuant to the objectives of proper design and zon- ing amenities. (2) Allowing and promoting optimum conditions tor meeting the sign user's needs while at the same time promoting the amenable environmnent desired by the general public; (3) Designed, constructed, installed and maintained in such a manner that they do not en- danger public safety or traffic satety; (4) Legible, readable and visible in the circumstances in which they are used; (5) Respectful at the reasonable rights of other advertisers whose messages are displayed. The cluttered and overworded wall or facia sign. shown In photograph (3) Is prohibited. },j,. ~.-.__.------_.--_. -_._-_._-~-----.._, ---- This coda does not cause patch-ffke ,:,Ho'":'t ,..,f +"'0 e,-l"n ~hown in nhotoaraoh (4) as Is often -the case when facia or wall sign area Is restricted by formula. The .copy area and bon using formula given in Section 5.3 substantially en- courages comprehensive store front im- proving facia or wall sign installations with tastefully limited lettering copy - photograph (5). 2 IL. Unsightly rool sign installations such as that shown in photograph (6) are totally prohibited. I j ArchitectualJy harmonious signs such as that of photograph (7) are permitted in certain zones. They are in fact treated as wall signs. I ~~i: , Photograph 6 __._.__~__ 'n_.__.. _"__,~"~",,,,,,,,,_,,.~__"_,'__"__ ':." " - 'I' ..... I ......... .-....-.1 ======::::1,_ ===.......1 ...==1::::; ...........' . ..'11I...1111.. "IlO'AL.llA" ......"'" - . ",,.1121 ."" ..." .,,'" .." .... ".... ... D~.. ... ..~ --~ j / " / f\~',' ~. -- - Photograph 7 Specific details of anti-flashing legislation should be carefully studied by each individual com- munity in consultation with dependable sign manufacturers, as blanket prohibition has more than one disadvantage. There is no question that certain carnival type, attention-compelling. jerky devices are both totally outdated and undesirable in most areas. In cities in certain areas. however, fascinating and artistic changing or rippling effects are quite suitable and actually are enjoyed by most people. IIrfnrlllr:,tply it is imnractical to sti:-ulcdp in n np'1pr8.1 Cnde vvhich types Of 2:0'"';r,g Shol~I~::'r should not permit such effects. For example, signs adjacent to an elevated highway In a spe- Cific zone might, in one city. impinge upon or partially obscure a beautiful horizon: while in The outdated and garish Ilashlrig sign shown in photograph (8) is prohibited with the possible exception 01 special sign zones which may be created lor unusual or ethnic groupings. - ffl · -,--~ . l-::> 7:~: i ~. " .~ I .. ~ ...~.~ . . I ~.{:&: ::-'". ~ ~'" , " Photograph 8 3 Photograph 9 another more heavily industrialized city with the same type of highway, they might be a vast improvement and a visual relief amongst ugly factories and chimneys. One must always rec, ognize as weil that signs as a communications device require certain letter sizes for legibility at any given distance; and that in many cases this necessary letter size may be accomplished with a much smaller sign background by alternating messages. These alternations are actually accomplished by an electrical device known as a flasher. It is apparent, therefore, that as the difference between irritating and undesirable flashing de- vices, desirable alternating copy or even certain artistic effects may be only the difference in speed of change, certainly is often only the difference between clever and artistic design or something less, it becomes obvious that each community, together with leaders in the industry, must give the subject very careful study, considering the already existing visual environment, density ratios and other considerations. Pubilc service' time and temperature, date, electronic message centers are classed as Changing signs and are per- mitted - photograph (9). When writing a Uniform Code, it becomes apparent that off-premise signage (third party posters and bulletins) is one of the subjects that cannot be specified in detail on a zone by zone basis, as a zone of any given category may appear in cities of vastly different size and may have a greatly different density ratio from one city to another. It is recommended that any given com- munity in consultation with the Outdoor Advertising people study that which is presently per. missible in their community and consider the use 01 the spacing formula suggested in Section 5.2 of this Code. At the same time, carefully recognizing that the very nature of the Outdoor business requires as broad and even a coverage as possible and that the broader and more rea- sonable distribution permitted, more easily will ail concerned be able to comply with spacing formula. This would avoid too heavy saturation in any given area often caused by a prohibition of the medium in certain zones where it should have been permitted. In most communities, therefore, off-premise or outdoor advertising may be considered and analyzed lor all types of commercial and industrial zones, as well as certain holding zones, although obviously not for residential zones. In summary, this Code' is designed to prevent a vast majority 01 those things which are unde- sirable in commercial signage without hampering the inherent right of business to communicate reasonably, to advertise and to reasonably assist a potential customer to conveniently locate and identify any product, good, service or facility which he may desire to use or purchase at any given time. Sec. 1.2. Short Title This Code shall be known as the "Sign Code" of.... m___.___....,.___'............. .........---....--- or may be so cited and pleaded and shall be relerred to herein as the Code. 4 " .'....". \ .. "; . Multi-prism Indexing signs which utilize, the same spece lor alternating, c9PY br lor more then one advertiser, thus dl-": minlshing the number 01 slgn~, are en- , couraged and permitted In certain' zones - photograph (11);.:' ",':,," : Photograph 11 5 " ! ~ , ~ " ~ ~ " .' ~ I I Section 2 DEFINITIONS Abandoned Sign A sign which no longer correctly directs or exhorts any person, advertises a bona tide busi- ness, lessor, owner, product or activity conducted or product available on the premises where such sign is displayed. Accessory Sign (See "On-Premise Sign"). Administrator The Code Administrator or his designated representative. Advertising Message That copy on a sign describing products or services being offered to the public. Animated Sign Any sign which includes action or motion. For purposes of this Code, this term does not refer to flashing, changing or indexing, all of which are separately defined. ,~ Architectural Projection Any projection not intended for occupancy which extends beyond the property iine, not in- cluding signs, canopies or marquees. ~ &a~] r ~PRARM)\CY' , __-n-C-------..ooI Area of Copy The entire 'area within a single, continu- ous 'perimeter composed of squares or R '~-';": , - " rectangles; wh.lch' enclose the extreme LJ '.':."; -".', ". >,' ,";{ " " : '" ' .," ..,,~ limits of the", advertising' message, an- AREA OF co~Y:~~:;: , B +ic ~ )~~~~~"Y~~i~::~i~:~:~'\~~~;~i~:?::r::~:n on a facia or (:""',:"'/.': .. . ..,~-:-,,, ,:d~'~)~"':~.,,' -. , '~ ,-- - -~ ..-. ,~:~:c\:,:;~.:; ~." -.",.,)'i ; . .'~. :,( .'~' ". ~..,.' '"" -, .'/~~:t~',- ;,,:.- ":. ...... 'l ._ >~:g..- ,'.'c o.":'-j ,; ,~.,-- ,o,~; :'\: , '",' :~~'.::/;;- J.-----,- A ----1 .'.', .1'-:-;---:,(: .', i i(;,:" '; ;:.,'~i;~,4~!;"~;;Are~. Q" ~i:g<'i1;;:~:<<<.,.' ':':'" ,', ~r','" .,' i}i~;;,:{:;~"I4r,:;:~~g.::i~~'T~~':'ii~~o'if"':"th"'ei\~'{;.~g''''e:~l"~jng";e:face of , . " E- ::'",;:..', ';'~'::'~':'~"':-:}';"?,:~,~:,~,.:_(.: -;- " .....;:>'..u...,_. ~ Co,. ""'~_' _ _ , " . 1,;' :'. F-l -r'i.-ti.:-.::':,.'_.~-,.:.i,~::.::t~;:tJ;~1,:~':"":~,\::,~t:.".'P.:".'~:r~~;':~:':i~~.~ i~~~~; .a~'el!i~~%edt~~;;t~~f f~~~~ rC,",! . .'l..'L.,-., .,,""',A~ ',c' .<^"""4.,,.,;;sJorms lI~Jntegrll!.Pl!rt of.!he display, but Q ., ," ;:~'.' ,:d~!:~:'.",.:/ ';c;excludlng the necessary supports or up- ,,' .' " !1.~'/ ;.).~~.;~,; '.;<:,:;;;..\~rlghts on.whlch the sign -may be' placed_ ~;;~ . ~~ . ~'~~i ,:,;:.~i:ti~W}<':;','_,::'_~~~"t~~<L::;~/.~:{;[:<~~~J!f.~:~h~'~,!Q_f\::c;qQ~is~~.:.of _ _.~9r~", tha~ one "i ,- ~ <:~.~/;k.:;;:E:~'}'~~~;_.\:'::)'~:~r~:f~~r;'-~:\r.,~/-;~t~~~:}."'?~:,$ection -'9.~i~mo9ulet,:\.all,_ areas': will be , ," . .'~::~' '. ':i.t.i~;~:~~;t~B1!2~::fB~~:~f :,;f~;~tj-,?~t~~:r~~t~[{~i~1'~;~',:',; ~:" 6 Architectural Blade A roof sign or projecting sign with no legs or braces. Designed to look as though it could have been part of the building structure, rather than something suspended from or standing on the building. Area of Off-Premise Sign Where poster panels or bulletins are installed back to back, one face only is considered as area. If there is a difference, the larger face will be counted. J I I J I I t , I i Awning A temporary shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. Background Area The entire area of a sign on which copy could be placed, as opposed to the copy area, when reterred to in connection with facia or wall signs. Banner Sign A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere. Billboard See "Off-Premise Sign," "Off-Site Sign" or "Outdoor Advertising (Poslers and Bullelins)." Bi-Annual Every two years. -" Building Face or Wall All window and wall area of a building in one plane or elevation. Building Frontage The linear length of a building facing the right-at-way or the linear length at the right-at-way facing the building, whichever is smaller. Building Sign A sign lettered to give the name of a building itself, as opposed to the name of occupants or services. Bulletin See "Off-Premise Signs," 'Oft-Site Sign" or "Ouldoor Advertising." Canadian Standards Association (C.S.A.) In Canada a non-profit organization which establishes standards for electrical and slructural building materials which minimizes damage to the health and welfare of the public, hereinafter referred to as "CSA." Comparable to Underwriters' Laboratories (48) in the United States. Canopy (or Marquee) A permanent roof-like shelter extending from part or all of a building face over a public right- Of-way and constructed of some durable material such as metal, glass or plastic. Canopy or Marquee Sign Any sign attached to or constructed in or on a canopy or marquee. 7 I i , Changeable Copy Sign (Manual) A sign on which copy is changed manually in the field, i.e., reader boards with changeable letters or changeable pictorial panels. Changing Sign (Automatic) A sign such as an electronically or electricaliy controlled public service time, temperature and date sign, message center or readerboard, where different copy changes are shown on the same lamp bank. City City, means the city, town or municipality of ____._____.nu___n_.n<_______n______n____uu_n.._________ ."..._n ___ __.__n________ Comprehensive Design Plan Building design and signs integrated into one architectural plan, the comprehensive plan be- ing compiete in ali other building, structural and eiectrical requirements. ~' "." .0 d ~1 'j ;1 ~ 21 Copy (Permanent and Temporary) The wording on a sign surface either in permanent or removabie letter form. Copy Area The area in square feet of the smallest geometric figure which describes the area enclosed by the actual copy of a sign. For facia signs, the copy area iimits refer to the message, not to the illuminated background. Council The City Council of. Detached Sign See "Free-standing Sign" or "Ground Sign." y. '9: .~ Directional Sign Any sign which serves solely to designate the location or direction of any place or area. " ~J Directly Illuminated Sign Any sign designed to provide artificial light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign. ,;. ,- ~ t: ':1 ~ .~ ~ .. Electrical Sign Any sign containing electrical wiring which is attached or intended to be attached to an eiec- tricai energy source. Embellishment (a) Letters, figures, characters or rep"resentations in cut-outs or irregular forms or simHar orna- ments attached to qr superimposed upon the sign. (b) Embellishment (Decorative Only) - A purely decorative embellishment on a free-standing sign. Erected This term shall mean attached, altered, built, constructed, reconstructed, enlarged or moved, and shall include the painting of wall signs, but does not include copy changes on any sign. Exempt Signs Signs exempted from normal permit requirements. 8 I } I I I I , I I I, (~-- Facelift The remodelling of a building's frontage which is visibie from a public right-of-way, so that the building material, door frames, window frames and signs are designed in harmony with each other. Face of Sign The entire area of sign on which copy could be placed. Facia Sign (or Wall Sign) A sign attached to or erected against a wall of a building, with the face horizontaliy parallel to the building wall. Field Fabricated Sign An electrical sign of such magnitude thaI it cannot be completely constructed in the factory. Flashing Sign Any sign which contains an intermittent or flashing light source, or which inciudes the iiiusion of intermittent or flashing light by means of animation, or an externally-mounted intermittent light source. Automatic changing signs such as publiC service time, temperature and date signs or electronically controlled message centers are classed as "Changing Signs" not "Flash~ ing Signs." Free-Standing Signs See "Ground Signs" or "Detached Signs." Freeway or Controlled Access Highway This term shall mean a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting land, or in respect of which such owners have only limited or restricted right or easement of access and which is declared to be a freeway as provided by the highway authority. Freeway-Oriented sign (Controlled Access Highway Sign) Any sign identifying premises where food, lodging, or places of business are located that en- gage in supplying goods and services essential to normal operation of motor vehicles, and where such businesses are directly dependent upon the adjacent freeway for business. Frontage The length of the property line of anyone premises parallel to and along each public right-of- way it borders. Ground Level Street Grade. Ground Sign A sign erected on a free-standing frame, mast or pole and not attached to any building. (See "Detached Sign" or "Free-Standing Sign.") Height of Sign The vertical distance measured from the adjacent street grade or upper surface of the nearest street curb other than an elevated roadway, which permits the greatest height to the highest point of said sign. 9 Identification Sign A sign which is limited to the name, address and number of a building, institution or person and to the ectivity carried on in the building or institution, or the occupancy of the person. Illuminated Sign Any sign which emanates light either by means of exposed tubing or lamps on its surface, or by means of illumination transmitted through the sign faces. Incidental Sign A sign pertaining to goods, products, services or facilities which are available on the premises where the sign Is located. Indexing Turning and stopping action of the triangular vertical sections of a multi-prism sign designed 10 show three messages in the same area. ~ I ~ ~ Indirectly Illuminated Sign Any sign which reflects iight from a source intentionally directed upon it - for example, by means at f1oodiights, gooseneck reflectors or externally mounted 11uorescent light fixtures. Individual Letter Sign Any sign made of self-contained letters that are mounted on the face of a building, top of a para- pel, root edge of a building or on top of or below a marquee. Interior Property Line Property lines other than those fronting on street, road or highway. ~ 7i A fl , Lintel In this context, the line above the display windows and below transom windows (it any) on a store (usually approximately 9' 0" from grade). .~ Lot A parcel 01 land which meels any of the following requirements: (1) A sub-division map recorded with the assessment department or land registry office; (2) A Record of Survey map approved by resolution of the Councilor other legislative body. ~ :,: '"i. I l! ~ a Maintain To permit a sign, structure or any part of each to continue or to repair or refurbish a sign, structure or any part of either. Marquee (or Canopy) A permanent roof-like shelter extending from part or all of the building face over a public right- of-way and constructed of some durable material such as metal, glass or plastic. Marquee Sign (or Canopy Sign) Any sign attached to or constructed in or on a canopy or marquee. Message The wording or copy on a sign. Multi-Prism Sign Signs made with a series of triangular vertical sections that turn and stop, or index, to show three piclures or messages in the same area. 10 - Nameplate A non-electric sign identifying oniy the name and occupation or profession of the occupant of premises on which the sign is located. If any premises include more than one occupant, name- plate refers to all names and occupations or professions as weli as the name of the building and directional information. r I ,. " Non-Accessory Sign A sign which directs attention to a business, commodity, service or entertainment not related to the premises at which the sign is located, or to a business, commodity, service or enter- tainment which is conducted, said or offered elsewhere than on the premises of which the sign is located. Non-Electrical Sign Any sign that does not contain electrical wiring or is not attached or intended to be attached to an electrical energy SOurce. Non-Conforming Sign (Legal) Any advertising structure or sign which was lawfuliy erected and maintained prior to such time as it came within the preview of this Code and any amendments thereto, and which fails to con- form to all applicable regulations and restrictions of this Code, or a non-conforming sign for which a special permit has been issued. On-Premise Sign (On-Site Sign) Any sign identifying or advertising a business, person, activity, goods, products or services located on the premises where the sign is instalied and maintained, also known as a "pertinent" or "accessory" sign. Off-Premise Sign (Off-Site Sign) This is a third party sign. It is a sign that advertises goods, products, services or facilities or directs persons to a different location from where the Sign is instalied. Outdoor Advertising Sign (Off-Site Sign) Outdoor advertising signs which advertise goods, products or services not necessarily sold on the premises on which the sign is located, are of three main types: (1) Poster panels or bulietins normally mounted on a building wallar free-standing structure with advertising copy in the form of pasted paper. (2) Multi-prism signs - same as above, and alternating advertising messages on the one display area. (3) Painted bulletins. where the advertiser's message is painted directly on the background of a wali-mounted or free-standing display area. .. Owner A person recorded as such on official records and including duly authorized agent or notary, a purchaser, devisee, judiciary; a~y person having a vested or contingent interest in the prop- erty in question. Parapet or Parapet Wall That portion of a building wall that rises above the roof level. Penthouse A structure on top of a building roof such as houses an elevator shaft or similar form. Person Any individual, corporation, association, firm, partnership, and the like, singular or plural. i i 11 Pole Sign See "Ground Sign" or "Free-Standing Sign." Portable Sign Any sign not permanently attached to the ground or a building. Premises An area of land with Its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate. Projecting Signs A sign, other than a wall sign, which is attached to and projects from a structure or building face. The area of double faced projecting signs are calculated on one face of the sign only. Public Right-of-Way Width The particular distance across a public street, measured from property line to property line. When property lines on opposite sides of the public street are not parallel, the public right-of- way width shall be determined by the city engineer. Public Service Information Sign Any sign intended primarily to promote items of general interest to the community such as time, temperature and date, atmospheric conditions. news or traffic control, etc. Real Estate or Property For Sale, Rent or Lease Sign Any sign pertaining to the sale, lease or rentai of land or buildings. .. Roof Line The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette. I I I I Roof Sign Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. Rotating Sign Any sign or portion of a sign which moves in a revolving or similar manner, but not including multi-prism indexing signs. Seasonal or Holiday Signs Signs such as Christmas decorations, those used for an historic holiday and installed for a iimited period of time. Sign Any identification, description, illustration or device illuminated or non-illuminated which is vis- ible from any public place or is iocated on private property and exposed to the pUblic and which directs attention .to a product, service, place, activity, person, institution. business or solicitation, including any permanently installed or situated merchandise; or any emblem, paint- ing, banner, pennant, placard or temporary sign designed to advertise, identify or convey infor- mation, with the exception of window displays and national flags. For the purpose of removal, signs shall also include all sign structures. Sign Legend See "Copy," Sign Sticker A sticker affixed either to the face or the channel of a sign visible from the street denoting the 12 name of the manufacturer or designated servicing company for purpose of identification by city officials. Sign Structure Any structure which supports, has supported or is capable of supporting a sign, including decorative cover. Special Purpose Sign Any sign other than a business, non-accessory, identification sign, including but not limited to traffic signs. Street A public highway, road or thoroughfare which affords the principal means of access to adjacent lots, measured from property line to property line. Swinging Sign A sign installed on an arm or spar, that is not, in addition, permanently fastened to an adjacent wall or upright pole. Temporary Sign A sign which is not permanently affixed. All devices such as banners, pennants, flags (not in~ tended to include flags of any nations) searchlights, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air or gas filled figures. Temporary Window or Building Sign A sign painted on the interior of a window or constructed of paper, cloth, or other like ma~ terial and attached to the interior side of a window or displayed on the exterior of a building wall in order to direct attention of persons outside the building to a sale of merchandise or a change in the status of the business. Under Canopy or Marquee Sign A sign suspended below the ceiling or roof of a canopy or marquee. Unlawful Sign A sign which contravenes this code or which the administrator may declare as unlawful if it be- comes dangerous to public safety by reason of dilapidation or abandonment or a non-conform- ing sign for which a permit required under a previous code was not obtained. Use The purpose for which a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained. Wall Sign (or Facia Sign) A sign attached to or erected against the wall of a building with the face in a parallel piane to the plane of the building wall. Window Sign A sign installed inside a window for purposes of viewing from outside the premises. This term does not include merchandise located in a window. Underwriters' Laboratories (48) In the United States, a non-profit organization which establishes standards for electrical and mechanical equipment and materials and is commonly referred to as "UL." The electrical sec- tion is known as "Underwriters' Laboratories (48)." 13 Section ~ PERMITS, FEES, INSPECTION AND INDEMNIFICATION i j '-cj ,':i J " Sec. 3.1. Permits Required Except as otherwise provided in this code it shall be unlawful for any person to erect, con- struct, enlarge, move or convert any sign in the city, or cause the same to be done, without first obtaining a sign permit for each such sign from the Administrator as required by this Code. These directives shall not be construed to require any permit for a change of copy on any sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way. No new permit is required for signs which have permits and which conform with the requirements of this Code on the date of its adoption unless and until the sign is altered or relocated. Every sign permit issued by the Administrator shall become null and void if manufacture is not commenced within one hundred and twenty (120) days from the date of such permit. If work au- thorized by such permit is suspended or abandoned for one hundred and twenty (120) days any time after the work is commenced, a new permit shall be first obtained to do so, and the fee will be one-half the amount required for a new permit for such work, provided that no changes have been made in the original plans. Such permit may not be unreasonably withheld, providing that proper application and payment of permit fees is complied with. In emergency situations, work may be initiated and completed without first applying for a per- mit. However, a permit shall be applied for within forty-eight (48) hours after the first working day when work has commenced on the sign. I 'j -, Sec. 3.2. Sign Contractor's License (a) Sign contractors to be licensed. No person shall perform any work or service for any person or for any government entity for compensation, in or in connection with the erec- tion, construction, enlargement, alteration, repair, moving, improvement, maintenance, con- version or manufacture of any sign in the city, or any work or service in connection with causing any such work to be done unless such person shall first have obtained a sign con- tractor's license from the Administrator and paid the license fees provided for by the city. or shall be represented by a duly licensed agent or sub-contractor. (b) Before any manufacturer can engage in the manufacturing of an electrical sign, they must demonstrate the ability to issue the Canadi!ln Standards Association electrical label pert- inent to electric signs or the Underwriters' Laboratory (48), electrical signs specification. or some similar electrical labelling requirement. ~ Sec. 3.3. Indemnification for Sign Installation and Maintenance As a condition to the issuance of a business license as required in the City Code, all persons engaged in the business of installing or maintaining signs which involves, in whole or part, the erection, alteration,' relocation, maintenance of a sign or other sign work in or over or im- mediately adjacent to a public right-of-way or public property so that a portion of the public right-of-way or public property is used or encroached upon by the sign installer, shall agree to hold harmless and indemnify the city, its officers, agents, and employees, from any and all claims of negligence resulting from the erection, alteration, relocation, maintenance of a sign or other sign work insofar as this Code has not specifically directed the placement of a sign. Sec. 3.4. Insurance Every applicant for a license shall, before such license is granted, file with the Province or State a satisfactory certificate of insurance to indemnify the Province or State, town or municipality 14 agains1 any form of liability to a minimum of five hundred thousand dollars ($500,000), or shall be responsible through any agent or sub-contractor. The insurance shall be maintained in full force and effect during the term of the business license and said insurance policy or certificate shall provide that the city be notified of any cancellation of the insurance ten days prior to the date of cancellation. Sec. 3.5. Federal, Provincial or State Licenses Federal, Provincial or State licenses as applicable. Any sign company seeking to erect, con- struct, enlarge, alter, repair, move, improve, maintain, convert or manufacture any sign shall demonstrate and register with the city a statement that they have all of the necessary licenses from all other governmental agencies applicable, or shall be represented by a duly licensed agent or sub8contractor. Sec. 3.6. Permission to Install No person shall erect, construct or maintain any sign upon any property or building without the consent of the owner or person entitled to possession of the property or building if any, or their authorized representatives. Sec. 3.7. Application for Permit Application for a permi1 shall be made to the Administrator upon a form provided by the Ad- ministrator and shall be accompanied by such information as may be required to assure com- pliance with all appropriate laws and regulations of the city including: (1) Name and address of owner of the sign. (2) Name and address of owner or the person in possession of the premises where the sign is tocated or to be located. (3) Clear and legible drawings with description definitely showing location of the sign which is the subject of the permit and all other existing signs whose construction requires per- mits, when such signs are on the same premises. (4) Drawings showing the dimensions, construction supports, sizes, electrical wiring and com- ponents, materials of the sign and method of attachment and character of structural mem- bers to which attachment is to be made. The design, quality, materials and loading shall conform to the requirements of 1he Buiiding Officials' & Administrative Code (B.O.A.C.), as amended. If required by the Administrator, engineering data shall be suppiied on plans submitted certified by a duly licensed engineer. Sec. 3.8. Issuance - Denial The Administrator shall issue a permit for the erection, alteration, or relocation of a sign within the city when an application therefor has been properly made and the sign complies with all appropriate laws and regulations of the city. The Administrator may, in writing, suspend or revoke a permit issued under provisions of this Section whenever the permit is issued on the basis of a mis-statement of fact or fraud. When a sign permit is denied by the Administrator, he shall give written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial, Sec. 3.9. Effect of Issuance' No permit for a sign issued hereunder shall be deemed to constitute permisSion or authoriza- tion to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign. i II It Sec. 3.10. Permit Fees Application for permits shall be filed with the Administrator, together with a permit fee as speci- fied by the Administrator, for each sign in accordance with the foliowing schedule; provided, however, that the minimum fee f~ a permit, exclusive of any permit costs for electrical com- ponents, shall be not less than five ($5) dollars for any sign valued at fifty ($50) dollars or less, 15 and not less than ten ($10) dollars for any sign valued at more than fifty ($50) dollars. In ad- dition, when any sign is hereafter erected, placed, installed or otherwise established on any property prior to obtaining permits as required by this Section, the fees specified hereunder shall be doubled but the payment of such double fee shall not relieve any person from comply- ing with other provisions of this Section or from penalties prescribed herein. (1) On-premise Signs. All on-premise signs visible from a public street shall be calculated at a basis of thirty (30) cents a square foot. (a) The calculation on a free-standing pole, ground, monument or any similar or roof sign shall be based only on one face of the sign. That calculation shall be based on the largest face of the sign. (b) Facia or wall signs: only the copy area as calculated in this Code shall be included in the above-mentioned fee. (2) Off-premise Signs. Oft-premise signs shall have a fee based at tive (5) cents a square toot. This fee shall relate to only one face at the sign but be calculated on whichever is the largest exposed face of the sign and shall be based on the total changeable copy area of the largest face on the off-premise signs that can be seen at anyone given time. ., Sec. 3.11. Sign Permit Appeals (1) Appeai from deniai of permit. Appeal may be taken to the Sign Code Board of Appeals from the Administrator's Denial of a sign permit. (2) Appeal from failure of Administrator to grant permit within thirty (30) days. The Admini- strator's failure to either formally grant or deny a sign application within thirty (30) days of the date an application meeting the requirements of this Code is filed shall be grounds for appeal to the Sign Code Board of Appeals, under the terms of Section 12 of this Code. ~ '@ ~~ ~ I I ~ :>1 1'1 Ii Sec. 3.12. Notice of Change of Sign Owner or User Whenever there is a change in the sign user, owner, or owner of the property on which the sign is located, the new sign user, owner, or new property owner shall forthwith notify the Administrator of the change. No new sign permit is required, unless the sign is altered or relocated. Sec. 3.13. Inspection The person erecting, altering or relocating a sign shall noti1y the Administrator upon completion of the work for which permits are required. {a} Inspections. All free-standing signs snat! be" subiect to a footing inspection and all signs to a final electrical inspection by the Administrator, '{b) Sign pg.....lt RlOn~"'al and Oc..lH~~ulloll. (1) All signs erected shall be inspe ed every two years to determine that the sign has been maintains 'n such a manner as to ensure that the sign is in a safely maintained con- dition as to e electrical, ructural and material specifications of this Code, and shall be tagged to s signify. (2) Any sign for whl h the t a-year inspection permit has not been secured and the sign duly tagged with ate the appropriate month shall be removed at the owner's expense after thirty (30) da rom written notification. The written notification shall come from the Administrator. (3) Fees for the lw ear inspection permit shall be one-half of the original application fee. (4) Ail Sl ns al ear a t by four (2 x 4) inch label provided by the Administrator which idenHfi t permit numb under which the sign was constructed. These labels shall be Iffe nt color for alternate ars and shall indicate month and year of issue in 1 ch letters. 16 (5) The bi-annual tag for he certification that the sign is in a safe condition as to its ma- terial, el' trical (:f structural application shall be issued in two alternative methods: (1) a Iicen ed Ign company shall duly certify and file with the city that fhe sign meets as nearly a ossible all of the structural, electrical and material specifications set out in this C iJe the laws or regulations of the city; or (2) alternatively, the city shall send t an in ector and the inspector shall verify that the sign is in a safe condi- tio ith respect its physical characteristics. The Administrator shall charge a rate nnn nnnn dollars ($ non.... ".) an hour for such inspection of signs. )7 (c) Maintenance. Every sign in the city, inclUding but not iimited to those signs for which permits or for which no permits or permit tees are required, shaH be maintained in good structural condition at all times, All signs, including those exempted, shall be kept neatiy painted, including all metal parts and supports by which these conditions are deteriorating. The Administrator shall inspect and have the authority to order the painting, repair, alteration or removal of signs which become dilapidated or are abandoned, or which constitute physical hazard to the pUblic safety. e.. (d) Signs Declared Unlawful. The Administrator may declare any sign unlawful if it endangers public safety by reasons of inadequate maintenance, dilapidation or abandonment. Any such declaration shall state the reasons of the Administrator for stating that the sign con- stitutes a safety hazard to the general public. Any sign owned, kept, displayed or maintained by any person within the city, the ownership keeping a display which is unlawful pursuant to the provisions of this Code, is hereby declared to be in violation of this Code. The Administrator may declare any such sign to be unlawful, and such declaration shall state in writing the reason or reasons why such sign and the keeping, owning, maintenance, construction, and display or operation thereof, is unlawful under the terms of this Code. "I J 17 Section ffv SIGNS PERMITTED IN ZONING DISTRICTS OF CITY NOTE: As there is quite a variation in the zoning requirements of different cities, and as there is even some variation in the use of code letters and numbers tor different zones, this Code sets out some general guidelines to difterentiate between signs permitted in residential zones, com- mercial building zones, light and heavy industrial zones and light and heavy commercial zones, I I 'I ;'1 'I ~ .-,1 " ! Sec. 4.1. Residential Zones, (Light Living Density) Within any Residential Zone, signs Or nameplates are permitted as follows: (a) For each single family home or duplex house, one nameplate not exceeding a combined area of two square feet for each occupancy, Said nameplate shall not be subject to the permit requirements of this Code, (b) For multiple family uses, rooming and boarding houses, one identification sign for each developed parcel, not exceeding twelve square feet in area, (c) For non-residential uses, one identification sign and one bulletin board for each developed parcel not exceeding a total of sixteen square feet in area for all signs, (d) Identification signs, bulletin boards, and other similar structures for governmental agencies which may be regulated by the city are subject to approval thereof by the Administrator, (e) All signs shall be placed flat against a building or designed as part of an architectural feat- ure thereof except that signs may be detached if they do not exceed a height of six feet nor project into any required building set-back area. (f) No height limit is specified for signs placed flat against or painted on the wall of a build- ing or for other attached signs provided all other provisions of this Section are complied with, ": , ;,~ /, Sec. 4.2. Commercial Building Zone, (Office Building) Within the Commercial Building Zone, signs are permifled as follows: (a) One identification sign and one bulletin board for each developed parcel not to exceed a total of 32 square feet in area for all displays, (b) All signs shall be placed flat against a building or designed as part of an architectural feat- ure thereof. Signs may also be detached if they do not exceed a height of eight feet nor project into any required building set-back area. (c) No height limit is specified for signs placed flat against the wall of a building or for other attached signs provided all other provisions of this Code are complied with, NOTE: Oft-premise advertising in commercial business zones is traditional and accepted in some cities but not in others, depending on density ratios, tradition and other factors, it is recommended that in any given community, city officials discuss the subject with outdoor ad- vertising people to consider that which is presently permissible in the community, as well as the recommendafions of spacing formula suggested in Section 5.2, Sec. 4.3. 8hQPpiR9 eeRIer aAd Highway Commercial Zones Within the Shopping Center and Highway Commercial Zones, signs are permitted as tallows: (a) One free-standing sign indicating only the name and nature of the occupancy for each de- veloped parcel not to exceed one squalJ'Xoot of sign area for each lineal foot of _ ~ ' frontage abutting the developed portion of said parcel. p'"':iaed 11,,,1: """""'- ",/17< fflAm0u"- :''nLtM'' F""iJ&6 ;y, r 1f.-"Ou: I, 18 L- (1) Where a developed parcel has In ex- cess of three hundred feet of street frontage, one additional free-standing sign may be erected for each addi- tional three hundred feet of street frontage in excess of the first three hundred feet of street frontage abut- ting the developed portion of said parcel. (see Fig, 1). 1 (2) Where a developed parcel is permitted to have more than one free-standing sign under these regulations, the distance between said free-standing signs on each parcel shall be not less than 300 feet. (3) Subject to provisions of Section 5 of this Code, the total area of all free-standing signs on each parcel shall not exceed one square foot of sign area for 8ach linear foot of street frontage of the deveioped portion of said parcel. (b) No free-standing sign shall be located nearer than five feet to an interior property line. (Fig. 2). Figure 2 (c) One wall or facia sign indicating only the name and nature of the occupancy, for each occupancy within the developed parcel. Said sign shall not exceed a total area of three square feet of copy for each linear foot of building occupancy or that area of copy per- mitted in Section 5.3, whichever is the lesser. If such occupancy is on a corner, one wall sign will be permitted for each face. If the building includes a canopy, each tenant will be permitted one under canopy sign in conformity with Section 5.6. (d) No free-slanding sign shall exceed the height or area established by Tabie 1, Section 5.1. No height limit is specified for signs placed flat against the wall of a building, painted on the wall 01 a building or for other attached signs provided all other provisions 01 this Code are compiied with. (e) With the exception of a free-standing sign, a sign may be located within or proje5\,in~ required front or street sldeyard set-back area, If the set-back area exceeds -li>ffl. leet. However, no sign may project into or over an abutting public right-of-way except as other- wise provided for in this Code. (f) Free-standing signs shall be located so as to provide and maintain the same front and street sideyard set-backs as that required for a building on the same parcel. NOTE: Shopping center and highway commercial zones vary from city to city from very brief pocket zones to strip zones many blocks in length. Off-premise signage, therefore, would be suitable in some communities and not in others and must be assessed on an individual basis by city authorities in consultation with outdoor advertising people. 19 Sec. 4.4. Heavy Density Commercial and Industrial Zones Signs permitted in heavy density, commercial zones and industrial zones are those outlined in Regulations and Limitations of Permitted Signs, Section 5 of this Code. . Sec. 4.5. Medium Density Industrial Park Zones Within the Medium Density Industrial Park Zones, signs are permitted as follows: (a) One free-standing sign indicating only the name and nature of the occupancy for each de. veioped parcel not to exceed one square foot of sign area for each lineal foot of street frontage abutting the developed portion of said parcel, provided that: (1) Where a developed parcel has in excess of three hundred feet of street frontage, one additional free-standing sign may be erected for each additional three hundred feet of street frontage in excess of the first three hundred feet of street frontage abutting the developed portion of said parcel. (2) Where a developed parcel is permitted to have more than one free-standing sign under these regulations, the distance between said free.standing sign on each parcel shall be not less than 300 feet. (3) Subject to provisions of Section 5 of this Code, the total area of all free-standing signs on each parcel shall not exceed one square foot of sign area for each linear foot of street frontage of the developed portion of said parcel. (b) One wall or facia sign indicating only the name and nature of the occupancy, for each occupancy within the developed parcel. Said sign shall not exceed a total area of three square feet of copy for each linear foot of building occupancy or that area of copy per- mitted in Section 5.3, whichever is the lesser. If such occupancy is on a corner, one wall sign will be permitted for each face. If the building includes a canopy, each tenant will be permitted one under canopy sign in conformity with Section 5.6. (c) No free-standing sign shall exceed the height or area established by Table 1, Section 5.1. No height limit is specified for signs placed flat against the wall of a building, painted on the wall of a building or for other attached signs provided all other provisions of this Code are complied with. (d) No free-standing sign shall be located nearer than five feet to an interior property line. (e) With the exception of a free-standing sign, a sign may be located within or project into a required front or street sideyard set-back area, if the set-back area exceeds five feel. However, no signs may project into or over an abutting public right-of-way except as otherwise provided for in this Code. (f) Free-standing signs shall be located so as to provide and maintain the same front and street sideyard set-backs as are required .for a building on the same parcel. NOTE: Medium density industrial park zones vary from city to city from very brief pocket zones to strip zones many blocks in length. Off-premise signage, therefore, would be suitable in some communities and not in others and must be assessed on an individual basis by city authorities in consultation with outdoor advertising people. i l :1 i I , "..J i :1 f Sec. 4.6. Limited Commercial Zones Within the Limited Commercial Zone, signs are permitted as follows: (a) Two signs for each occupancy - one free-sfanding sign in the Regulations and Limitations set forth in Section 5, and one wall or facia sign as set forth in the Regulations and Limita- tions of Section 5. (b) One projecting sign as set forth in the Regulations and Limitations of Section 5, and one wall or facia sign as set forth within the Regulations and Limitations of Section 5. (e) One under canopy sign as set forth within the Regulations and Limitations, Section 5, and one wall or facia sign as set forth in the Regulations and Limitations of Section S. 20 (d) Under canopy or marquee sign as set forth within the Regulations and Limitations of Section 5, and one free-standing sign as set forth within the Regulations and Limitations of Section 5. NOTE: Limited commercial zones vary tram city to city tram very brief pocket zones to strip zones many blocks in length. Off-premise signage, there/ore, would be suitable in some com- munities and not in others and must be assessed on an individual basis by city authorities in consultation with outdoor advertising people. Sec. 4.7. Medium Density Commercial and Industrial Zones Within the Medium Density Commercial and Industrial Zones, signs indicating the business, commodities, service, industry, or other activity sold, offered, or conducted on the premises are permitted as follows: (a) Two signs for each occupancy - One free-standing sign in the Regulations and Limitations set forth in Section 5, and one wall or facia sign as set forth in the Regulations and Limita- tions of Section 5. (b) One projecting sign as set forth in the Regulations and Limitations of Section 5, and one wall or facia sign as set forth within the Regulations and Limitations of Section 5. (c) One under canopy sign as set forth within the Regulations and Limitations, Section 5, and one wall or facia sign as set torth in the Regulations and Limitations of Section 5. (d) Under canopy or marquee sign as set forth within the Regulations and Limitations of Sec- tion 5, and one free-standing sign as set forth within the Regulations and Limitations of Section 5. (e) Off-premise signs may be erected and maintained within the Spacing Regulations and lim- itations set forth in Section 5. 21 Section ,,5 1/7 REGULATIONS AND LIMITATIONS OF PERMITTED SIGNS Sec. 5.1. Free-Standing (Ground) Signs (a) One ground sign is permitted for each premises having frontage on a public right~of-,^"ay (b) Where a parcel has in excess of 300 feet of frontage, one additional free- standing sign may be erected for each additional 300 feet of street frontage in excess of the first 300 feet of street frontage abutting the de- veloped portion of said parcel. (Fig. 3). (c) The occupant may elect to combine the allowable area of two or more ground signs, where permitted, into one ground sign with a maximum allowable area not to exceed or~e square (oat for everyone linear toot of frontage along the same right-of-way, up 10 the ~laXln,,",rn established in Table 1, Section 5. If a sign has more than one face, the tolal perm:!tEC area may not exceed twice the area permitted for one face. (d) Where a premises fronts on more than one public right-of-way, or street. excluding alleys and serviceways, the provisions of paragraph (b), Jf this Section and Table 1, shall apply to each frontage. (Fig. 4). (e) No free-standing sign may exceed in height the distance measured from any por:.en oi 'ne sign to the center of the adjoining public right-of-way, provided, however, that "Oe max,' mum height of any portion of any free-standing sign or sign structure shall be In accorc- ance with Table 1. (f) Area. The maximum permitted area of a ground sign, except when the area of two or more ground signs is combined into one sign, shall not exceed the figures shown In Tajie i for each face of a double.faced sign or for the sole face of a single.faced free-S!an'Jing sign. 22 .. 'I - TABLE 1 MAXIMUM PERMITTED HEIGHTS AND AREA OF GROUND (Detached Signs) PubliC Right-af-Way Widlh Traffic speed .lIoweC1 Area each 'acet Maximum Height from grade 60 feet or less 15 - 20 25 -30 35 - 45 50 - More than 60 feet" 15 - 20 25 - 30 35 - 45 50 - Freeway-oriented ground signs:/: 40 sq. fL ...................20 ft. 75 sq. It. ...... ...... .....25 ft. 150 sq. fL.................... 30 ft. 200 sq.fL...... .. ............40 ft. 50 sq. fL..................... 25 ft. 150 sq. fL.....................30 ft. 200 sq. fL...........40 ft. 250 sq. fL......... ............45 ft. ;<0 Msq. ft. .............. . 50 ft. See k Sec. 5.2. . or officially designated as a major slreet or prime artery. t in square leal; If more than one face, the total permilled area may not exceed twice the area permitted IOf one lace. * localed within 660 feat or the freeway right-ol-way, and on premises within 1,500 leel of a freeway exll providing access to the premises on which Ihe sIgn Is located. TABLE 1 BONUS FOR LANDSCAPING AROUND BASE OF GROUND SIGNS For each square foot of landscape gardening instalied at the base and properly maintained, the user of a free-standing sign will be permitted one square foot of area over that normally permitted, to a maximum increase of 50%; -Of- For each square foot of landscaped garden installed at the base and properly maintained, the user of a free-standing sign will be permitted two inches additional height over that normally permitted, to a maximum height increase of 120 inches. Each square foot of iandscaped garden may only be counted once; however, the square foot- age may be divided to entitle the user to both bonuses to that point where sufficient total foot- age may permit increases to both maximums. (9) Residential Proximity. Where premises zoned for commercial or industrial use are within 100 feet of the nearest boundary of any premises zoned for single-family or multiple- family residential use on the same public right-of-way, free-standing signs and roof signs erected and maintained on the commercial or industrial premises may not exceed 25 feet in height (Table 1 if less height is. applicable) above the slreet grade. A free-standing sign or roof sign must be set back from the public right-at-way from which it is intended to be viewed Ihe same distance as any residentially zoned property tacing the same public right- of-way within 100 feet from the sign. This provision affects oniy signs on commercial and industrial premises on the same block and on Ihe same right-of-way as residential premises. J/~ ---'~ --"-../ ~ -<C.. ..... J ~ ~ I / ~"""""'___,_i..... . Figure 5 23 Figure 6 'j ~l Figure 7 Flgur. 8 (i) Minimum Clearance. Where a free-standing sign projects over a vehicular traffic area, such as driveway or parking lot aisle, the minimum clearance between the bottom of the sign and the ground shall be 14 feet. (j) Projection Over Public Rights-of-Way. Free-standing signs shall be allowed to project over pUblic street only to the same extent permitted for projecting signs. Sec. 5.2. Off-Premise (Outdoor Advertising Sign) Off-premise (third party or outdoor advertising) signs may be erecled on ground or wall loca- tions (and roof locations such as can be done within Regulations and Limitations of roof signs) in general, commercial or industrial zones, but not in residential zones, subject to the following conditions: ~~~d ~ STREET I ~ }'eo.. . (a) Off-premise signs on the same street facing the same traffic flow shall not be placed closer together than 300 feet. (Fig. 6). ~ I 300'~------'; 300' '~/r : ~J/' ~ I BLDG. ~300 ~ (b) Off-site signs can be doubte-faced and each side shall be considered as facing traffic flowing in the opposite direction. (Fig. 7). ~ STREET "A" ~i 24 1Il--- I \ 300'----1 I , SIGNS BACK TO BACK (DOUBLE FP-CE) FACES TRAFFIC BOTH WAYS ON ~ 'STREET "e" ~- (c) At. the Intersection of two streets, . double or single faced signs at right angles to and, therefore, facing traf- fic. on street A may be situated closer than 300 feet to a similarly positioned sign across the street at right angles to and, therefore, facing traffic on street B. (Fig. 8). 150' 1Il- ~F~.C-E~';RAFF;~' BOTH WAYS ON STREET "A" \ (d) In Heavy and Medium Density commercial and industrial zones, bulletins shall not exceed 720 sq. ft. of total area, or posters shall not exceed 300 sq. ft. NOTE: Third party spectaculars are to be given special consideration in certain industriai and commercial areas, as there are unquestionably areas in certain cities where they can become the highest land uSe In an industrial, commercial or holding zone, such as Picadifly Circus, Times Square, the Gardiner Expressway in Toronto, Las Vegas, the Ginza in Japan. (.e) Structures...Jor.oU"pr.emiseusi.gns- shall--be"-'Ol" vertical -(cantiiever) construction and where th"..back i$ yisibleit'shatt"tre" "siJit"ably painted or otherwise covered to present a neat and pean .appearance. (1) Jhe..-arca QIUUlld Urr-fJlt:lIl;;:,t:; ;;\;\;f1I-structures shall be kept clean and all scrub brush, tall grass, et~e-cteNea-aw'ay to a distance of at least five feet to the rear and sides Of~uC~1lS to the fro""1 property line, and if on a corner site to both property lineS:- (9) AJI eft pn;;llI;;:'C' ;:,i\:lll::i II I U;:,( Dc: iJl6lmir:lit9g sash day from G1b1gk t9 midnig.At. (h) Site dtreeHoAakig-ASn-stta-I+-B-oFlfOIIII LV elll me requlrerll~llb f.e..F--.G.ff-&itc H'Iirel l5a1ty signs. (i) No part of any olf"premise sign struc- ture shall be closer to any street line than the front line of the nearest building within 100 feet. (Fig. g). STREET U PROHIbiTED ~- - - - - - - - - u -l]-P~:~LD BLDG, 1 / /. 100' ., Figure 9 (j) When an off-premise sign is erected between two buildings that are with- in 100 feet of the structure, no part of said structure shall be erected closer to any street line than a line drawn from the nearest front corner of the two buildings. (FIg. 10). STREET .... U PROHIBITED ~ ---- ;;,.0 ~';I;E;; Figure 10 I! (k) No off-premise sign or free-standing sign that is freeway-oriented and within 660 feet of the edge of the freeway shall be more than 25 feet above the grade of the freeway or 50 feet above the grade of the site of the sign. The measurement that is higher is to prevail as the height limit. 25 Sec. 5.3. Wall (Facia) Signs (al Area limits, wall signs - in all cases, all sign areas refer to the area of copy rather than the area of the background. NOTE: This has been done to encourage advertisers to install comprehensive wall or lacia signs which olten cover unsightly transom windowS, etc., and substantially aid in the renovation 01 older buildings. Permitted background area, therelore, is the total area between the lintel bar and the parapet on a one-storey building, or between the lintel bar and the Iloor level 01 the 1I00r above on a mufti-storied building. Commercialism is controlled by limiting the advertising or copy area; however, copy area is bon used for advertisers who forego any other signage on the same premises. ~ 'j Figure 11 ,'; < ., ". ~ .~ ~: ,~ :'. " :~ ~ . :I Figure 12 Figure 13 26 L 2~,f CATEGORY 1. Where an advertiser has no ground, roof or projecting sign on the same premises. 4&% of the wall sign background erea may be used for copy. (Fig. 11). ~ 1<; 6 CATEGORY 2. Where an advertiser has a ground sign but no rool or projecting sign on the same premises, 30% of the wall sign background area may be used for copy. (Fig. 12). . CATE RY 3 . . Where n a ertiser has a projecting or roof si n ut no ground sign on the same p ises. 15% of the wall sign backgr d area may be used for copy. (Fig. 1 ). (b) WHERE INDIVIDUAL MOUNTED LETTERS ARE USED WITHOUT A SIGN BACKGROUND, THE FOREGOING PERCENTAGES WILL APPLY, BUT WILL BE COMPUTED ON THE AREA OF THE TOTAL FACADE BETWEEN THE LINTEL BAR AND THE PARAPET ON A ONE-STOREY BUILDING, OR BETWEEN THE LINTEL BAR AND THE FLOOR LEVEL OF THE FLOOR ABOVE ON A MULTI-STORIED BUILDING. (c) The frontage factor is relative to each tenant's building frontage facing on each public right-of-way, excluding alleys and serviceways. (d) Premises fronting on more than one public right-of-way may not combine permissible signs for one frontage with another frontage for the purpose of placing the combined area of signs on One frontage. (e) Any identification wall signs with non-illuminated leHers up to but not exceeding three inches in height nor four square feet in area are not restricted and may be permiHed in addition to regulated slgnage. oof Signs s are divided into the following two main categories: (See Figs. 14 and 15). CATEGORY 1. Roof signs on buildings which do not exceed 40 feet in height and which are designed for viewing by traffic passing by the sign installation. (Fig. 14). I f ./ Figure 14 TABLE 2A CATEGORY\(1) ROOF SIGNS ON BUILDINGS WHICH DO NOT EXCEED 40 FEET IN HEIGHT WITH A SIG/Il DESIGNED FOR ADJACE/IlT TRAFFIC AND ARE LIMITED TO TWO FACES. \ \ Area Per Face In Zones whef8 roof signs permitted but BfS limited 10 ON-PREMISE slflns Area Per Face in Zones where OFF-PREMISE fool signs Bfe permitted Traffic Speed Permitted ~. 0,' I , NON-FREEWAY 15 - 20 25.30 35.40 50 FREEWAY- IENTED \ where sup orting building is in a zone pe mitting root signs 100 sq. ft. 150 sq. ft. 200 sq. ft. 250 sq. ft. 300 sq. ft. 300 sq. ft. 300 sq. ft. 300 sq. ft. 300 sq. ft. 720 sq. ft. NOTE: :4s sign code requires that roof signs appear as an architectural blade with no visibie struct re, line 01 sight will reduce effective useable area as building height increases (See Table 28). Area aliowances, therelore, include thai which would have been seen as structurai sup- p t in mosf former sign codes. 27 1 ~ J ~ ,~ ."e ~ , , ~~ ~i ~! ;", ~ ~ .. , ~ " _. TABLE 2B CATEGORY (1) ROOF SIGNS ON BUILDINGS WHICH DO NOT EXCEED 40 FEET IN HEIGHT WITH A SIGN DESIGNED FOR ADJACENT TRAFFIC AND ARE LIMITED TO TWO FACES. BLDG. HEIGHT MAX/MUM HEIGHT FROM rOP OF PARAPET ! In Zones where roof signs perm!lled but are limired 10 ON.PREMISE signs In ZoneS where OFf-PREMISE signsBle permi/led NON-FREEWAY 0-15 it. 16 - 20 ft. 21 - 30 ft. 31 -40 H. 10 ft. 12 it. 15 it. 18 it. 15 ft. 15 ft. 20 ft. 25 H. FREEWAY-ORIENTED where supporting building is in zone permitting roof signs 25 It. above grade of freeway or 50 H. above grade at ground level of supporting building. The measure- ment that is higher to prevail. , NOTE: As sign code requires that root sign~ appear 8S an architectural blade with no visible structure, line 01 sight will reduce el/ective ~seable sign height as building height increases. Height allowances, therefore, include that w~ich woufd have been seen as structural support in most former sign codes. .I CATEGORY (2) ROOF SIGNS ON MULt-STORIED BUILDINGS DESIGNED TO BE VIEWED FROM DISTANT POINTS. Figur. 15 " .\ 1 ! ~ ~ .~ ") :1 :1 " j ~ f '} YAN ttOTEL_.. (a) This Code commits these signs to the same configuration as an architect- ural blade or penthouse which could have occurred as part of the building Itself. Such signs, therefore, are treated as would be facia signs In Category 1 (Section 5.4) as wall signs applied to an existing penthouse. (Fig. 15). I I I (b) In zones where roof signs are permitted, suc~ ,si,gnS must be manufactured in such a way that they appear as a1 ~rchitectural blade or penthouse and are finished in such a manner that the visual appear,Mce from all sides is such that they appear to be a part of the build- ing itself. (See Figs. /15 and 17). 28 (d) All root signs must be set back a distance of at least lour feet trom all the outside walls of the building on or over which they are located, It is the intention of this provision to provide a ,Iear passageway around the sign. (e) Roof signs may not rotate. (I) For residential proximity regulations set forth in Section 5.1, (e) shall apply. / ''\ // " (g) No visible guy wires, braces,'~>sec- ondary supports are to be 'used. s~ (Fig. 17) tor permissibje/ method. " ~ " VAN W.~l . Figure 17 Sec. 5.5. Projecting Signs (a) Anyone tenant with frontage on a public right-ot-way is permitted to have one projecting sign along that pUblic street. The projecting sign may exist instead of, but not in addition 10, a tree-standing sign or roof sign. Where a premises is allowed two free-standing signs, the occupant may elect to substitute a projecting sign for one of the free-slanding signs. If a premises has at least 300 t.~J,1 ::' frC'~itage 8jO~g anyone rlght-c:-'/;iJj' ~he occu- pant may have two projecting signs. (b) Subject to absolute limits 01 10' 0" horn the property Ilne and hvo 1eet back tram the curt. line, projection over public domain is limited to 3" for each linear foot of building front measured from the sign location to the nearest side line of premises. Subject to the same maximum limits, signs on corner properties installed at 45 degrees to the corner are per- mitted a 20% Increase on the formula. (Fig. 18, Fig. 19, Fig. 20). Example: 50' store front with sign installed at center point 25 x 3" = 75" projection. (Fig. 18). b///// // /rr////:///~ Figure 18 29 t 50' j ////////////~/ 10'--1 Example: 50' store front - sign installed 10' from neighbor 3 x 10" = 30" projection, (Fig,19). Figur. 19 Example,' Corner store with 25' shortest frontage. 25 x 3" = 75" + 20% = 90", (Fig, 20), "1 , , , i I. .5' (SHORTEST FRONT) , I I ,j j J Figur. 20 (c) No project',ng sign may rise more than 6' above the top of a parapet. (d) Minimum Clearance. Projecting signs shall have a minimum clearance of 10 feet between the bottom of the sign and the ground, . I:;:':.~.::;;(f~t;~ J" . ' .' ,:~,-;; >":":,,,-';,:;"-'~".:/~1~C!.t,,,'~'il.4"; FI9d~;'fJt~;0i?f~~i~~~~'c ."J ';:!:"~;J12';;;M~\::g:t.~~y~,:.t(~i;~k~;~:~~~~:.t~t~~~i~l~~~i.,; .,~if)'~,;(.j;,.!,,,., (e) Inst~lIation.;AllproJect!ng signs shall .....;,-g.i,.c"..:.;.,:;,.;..,.'..'.,":.S...i/.;. beJnsialledor.erected '" such a man- "::;c'(':~'f;",....,..,.j.;,.....:<,:..'......',. nefthat then; shall lie no visible angle .,' ..' "'>::;~:~~:'~! ~i;.~-r\t~i;~_::'1-;/'.b ~ \.-:': Iron' sIgn ';sUPPort. 'structures above a 3l;i'..:~k';,;.Aoof.;~!lJI~~~g Jace;"r,wall. (Fig. 21). "'.." ,,' -.:.s~.~.' '-, ~,~"..,.. ,,;-., ~~';"~~":"e~~~tk,~~~~~~/:-_.",-,_ "fir~;'~. .. (f)'A cantilever support may rise 12" above the parapet; however, where there is a space between the edge of the sign and the building face, such cantilever must be enclosed. (Fig. 22). Flgur. 22 30 ... (g) Illumination. Any sign projecting over a public street shall be directly illuminated (elec- tric), except for awnings. Sec. 5.6. Canopy (or Marquee) Signs Where canopy signs are allowed such signs shall be subject to the following conditions: (a) Area of copy may be three square feet per linear foot of canopy front and sides. Copy area or any part of copy area allowed for one facing cannot be added to that allowed for other facings. Subject to minimum height iimit of 9 feet from the sidewalk, copy may be installed above, on the face of, or below the canopy proper, provided that where such sign is in- stalled above or below, copy area will be computed on the total of the sign face and the canopy apron proper. (b) No portion of a canopy sign can be closer than one foot to a vertical line from the curb face. (c) On places 01 public entertainment such as theatres, arenas, meeting halls, etc., where one or more changeable copy signs are allowed, the copy area allowance will be five square feet per linear foot of canopy with a maximum total height limit of no more than five feet at any point. (d) In local commercial zones, the maximum copy area of canopy signs shall be two square feet subject to the same conditions as in (a). (e) A free-standing slgl supported by a sign structure whiph Is imbedded In the ground andif!v'n ependent of a can- opy for structur support, may pro- ject above and over a canopy. This section shall ,oot be deemed to al- Iowa free-st,mding sign to be located over, in whole or in part,! the roof of a building. A free-standing sign which projects over a canopy shall comply with all other applicable regulations of this Code. (Fig. 23). Figure 23 , (f) Under Canop.y Signs. Signs atttached to the underside of a canopy shall have a copy area no greater than six square feet, with a maximum letter height of nine inches, subject to a minimum clearance of eight feet from the sidewalk, and shall be mounted as nearly as possible to right angles of the building face. (Fig. 24). Figure 24 Sec. 5.7. Signs on Awnings Signs consisting of one iine of letters not exceeding nine inches in height may be painted, placed, or instailed upon the hanging border only of any awning erected and maintained in accordance with this Code. An identification emblem, insignia, initial or other similar 1eature not exceeding an area of eight square feet, may be painted, placed or ins tailed elsewhere on any awning provided that any sign, emblem, insignia or other such similar item shall comply with ail other provisions of this Code. 31 Sec. 5.8. Sloping Roof Signs A sign may be attached to the facia of or located on the sloping roof of a structure but may no! be located so as to extend more than four feet above the upper edge of the facia of said sloping roof but the top of the sign must be a minimum of one fool below the top roof line. (Figs. 25A and 258). Figure 25A Figure 258 Sec. 5.9. Other Signs (a) Incidental Signs. Up to two incidental signs may be attached to a free-standing sign structure or to a buil(lIri; wall, but may not be attached perpendicular to the wall. Such signs are restricted to tracing stamps, credit cards accepted, official notices of services required by law, or trade alf:l,a- tions. Area of each sign may not exceed five square feet; the total area of all such signs may not exceed ten square feet. (b) Directional Signs. One such sign is permitted near each driveway. Area of each sign may not exceed h\e!\ e square feet. Maximum permitted height shall be twelve feet. (c) Manual or Automalic Changeable Copy Signs. Any of the types of sign permitted in this Code may be permitted as manual or automatic changeable copy signs. 32 ~ec. 5.10. Free-Standing Sign - Decorative Embellishments On free-standing signs the sign struc- ture may extend 'above the maximum allowable height of the sign for embel- lishment purposes. Under no circum- stances, however, may such extension exceed 20 per cent of the maximum al- lowable height for the sign. Further, such embellishment shall not include thereon any symbol, representation, logo- gram, insignia, illustration, or other form of advertising message. (Fig. 26). ..... Figur. 26 33 <: '?-)' .J -r' ~> elf I/;'IIy', . 'I) .,~ ,:/<.1>' Figure 27 - Section 6 L-f PROHIBITED SIGNS The following types of signs are expressly prohibited in all districts, except as otherwise pro- vided J2.Y this Code: /' 'fie 5,<( /!ooP "'"sJJ< Sec. 6.1. Animated and Intensely Lighted Signs No sign shall be permitted which is animated by means of flashing, scintillating, blinking or travelling lights or any other means not providing constant illumination (unless specifically per- mitted in special sign districts). Public service information signs and other electronic mesS2ge cenlers classified as "changing signs" are permitted. Sec. 6.2. Miscellaneous Signs and Posters The lacking, pasting or otherwise affixing of signs of a miscellaneous character. visible from a public way, located on the walls of buildings, barns, sheds, on trees, poles, posts. fences or olhe~ structure is prohibited unless otherwise permitted by this Code. Sec. 6.3. Moving Signs Except as otherwise provided in this Code, no sign or any portion thereof shall be perrnltte::: which moves or assumes any motion constituting a non.statlonary or fixed condition except for the rotation of barber poles, permissible changing signs or permissible multi.prlsm units. ;1'- dexing multi.prism units must not exceed a speed of two complete revolutions every tv, enty sec- onds. This section is not meant to prohibit any form of vehicular signage such as a Sign 3;;2cn2.J to a bus or lettered on a motor vehicle. Sec. 6.4. Abandoned Signs Such business signs that advertise an activity, business, product or service no longer con~~C0:: or available on the premises on which the sign is located, shall be prohibited, Sec. 6.5. Parking of Advertising Vehicles Prohibited No person shall park any vehicle or trailer on a public right-ol-way or public property or on private property so as to be visible from a public right-of-way. which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing ad- vertisement of products or directing pea. pIe to a business or activity Jocate'd on the same or nearby property or any other premises, (Fig. 27). This Section is not intended to prohibit any form of vehicular signage such as a sign altacr;e:J to a bus or lettered on a motor vehicle. Sec. 6.6. Public Areas No sign shall be permitted which is placed on any curb. sidewalk, post. pole. electr':Jlier, n:> ,;- rant, bridge, tree or other surface located on public property or over or across ::H~) s::':,,:< '::' public thoroughfare except as may otherwIse expressly be authorized by thiS Code 34 Sec. 6.7. Banners (a) Banners, pennants, search lights, twirling signs, sandwich board signs, sidewalk or curb signs, balloons or other gas-filled figures shall not be used On a permanent basis. (Fig. 28). - :Jal Figure 28 (b) Signs described in (a) above wi)) be permitted at the opening of a new business in a commercia! or industrial district for a total period not to exceed 60 days and will be allowed in residential districts in conjunction with an open house or mOdel home denlonslrat;on conducted by a realtor for two days before the opening of such a demonstration to h^.O days after and not to exceed a total period of 30 days, Sec. 6.8. Flags Flags other than those of any nation, state or political sub-division or corpor- ate flag are prohibited except as set forth In (b) of this Section 6.7. (Fig. 29). "r d' '~ W ti! .~ Figure 29 Sec, 6,9, Swinging Signs Swinging signs are prohibited. Sec. 6.10. "A" Frame Signs "A" frame or sandwich board, sidewalk or curb signs are prohibited. (Fig. 30). Figure 30 35 r- _ ;'~o 31 SPEC IAL TIRE SALE f ,. ..~~t_ : """"". .,~, .~\.:~::: .:i,'" "^,','1";~~ """"f'"..t,'"t._-;?. ," 'x ';;'~~;*'~~iJi{i!(ik~f~li~J<<".\"""''''' . r,';;:... ~(: 32 See. 6.13. Unclassified Signs ., . r" 1" .' ;,' i :~..:.." : S "" I: ,S,~\I(; 111U 0 ,I '-0 .1 ~; I~.: "''':~<': "'_0" i:'~' n ,II,: .-1'1 !L 1:I.l1[l_'1 c1ri.'L:," ,:1 ii' l'nIUl;~)I' ri;:..I! l;\' \I-,'~ ~: l(, I' L:.J 'j; -'l::; Il ,I~; ~,i' ~!'I'_ I ':, :Cr_ lC,;cal.I~I-' II :_'.' ':'--': 'i '<, l.~ t" ",;' I l' I:, r'l .~,., '-! _\ I I:, j J ,: r..-'.' , ,',~.; '~, '=' ,:' ' 0 ,~~ :.,c Sec. 6.11. Portable Signs POtulJlc or V'..'h~'L~i0CI :-:;i~::;5 tFi(j. 31), This stUil j", _~; '0'0 to pronilJit lel!~l'irlg or; Ii:co_.:r '- perrnissilJle advertls.r:g GI, :_c.::',--'~ Sec. 6.12. Visible FnlillC~ '.' i ~, : '..cO ~i I-I~: 10 I ,--':! LC, :;uUPOIl f}I":'!~<": "-; !1;:_:.c:~. (Fig J:...) Section 7 CONSTRUCTION SPECIFICATIONS Sec. 7.1. Compliance with Building Code All signs shall comply with the appropriate detailed provisions of the city Building Code relaling to design, structural members and connections. Signs shall also comply with the provisions of the applicable Electrical Code and the additional construction standards hereinafter set forth in th is Section. Sec. 7.2. Construction of Signs, Auxiliary Specifications (a) Identification and Marking. Each sign hereafter erected or remodelled shall bear, in a permanent position thereon a clearly legible identification plate slating the name and adress of the owner of the sign. and the person, firm or corporation responsible for its construction, erection and the date of erection. Electrical signs shall be marked with input amperages at the full load input similar to the CSA label or the UL(48). (b) Sign Identification Tag. Each sign shall have a two by four inch sticker placed on one of the faces of the sign that identifies the permit number that was originally issued by the Administrator. This sticker shall be renewed on a bi-annual bas'ls as provided for in this Code. (c) Obstruction to Exits. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, re- quired exit, window or door open'lng used as a means of egress. (d) Obstruction to Ventilation. No sign shall be attached in any form, shape or manner which will interfere with any opening required lor ventilation. except that such signs may be erected in front of and may cover transom windows when not in violation of the provision of the BUilding or Fire Prevention Codes. (e) Clearance from High Voltage Power Lines. Signs shall be located in such a way that they maintain horizontal 3nd "/ertical clearance of all overhead electrical conductors in accordance with National Electrical Code Speci- fications, depending on voltages concerned. However, in no case shall a sign be installed closer than 24 inches horizontally or vertically from any conductor or public utility guy wire. (I) Drainage. The roofs of all marquees exceeding 40 square feet shall be properly guttered and con- nected with downspouts to storm sewers so that water will not drip or flow into public sidewalks or streets. Sec. 7.3. Free-Standing Signs - Materials All free-standing sign structures or poles shall be self-supporting structures erected on ana permanently attached to concrete foundations. Such structures or poles shall be labricated oniy from painted steel or such other materials as may be approved by the Building Code of the city. Sec. 7.4. Electric Signs All electric signs shall be approved and labeled as conforming to the standards of the United States Bureau of Standards, the Underwriters' Laboratories, Inc., the Canadian Standards As- sociation (CSA), or other s'lmi\ar institutions of recognized standing, The full number of Illum- Inating elements thereof shall be kept in satisfactory working condition or immediately repaired 37 or replaced. Signs that are only partially illuminated shall meet all electrical reqUirements 1::r that portion directly illuminated. All electric signs shall have a disconnecting switch IOC8!-2C .~ accordance with the provisions of the Safely Code. Sec. 7.5. Glass When glass is used for sign letters or trJnsparent panels, it shall be at least dou~le s!rl':':~" thickness for sign areas up to and Including 300 square Inches. When glass IS uSc,-~ L,r ~ letters or transparent panels lor sign areas in excess of 300 square InC~leS at least Oll\?-qU3':':' inch wire glass shall be used and the maXimum span between supports shall be !OUI- 100: Sec. 7.6. Strength of Parapet Wall A parapet wall must be designed for and have sufficient strength to support any Sign \':hlcr attached thereto. Sec. 7.7. Supports and Braces Metal supports or braces shall be adequate for wind loadings. see Section 7.8, Vv'ire or (::,:>::- supports shall have a safety factor of four. All metal, wire cable supports and braces anej all :..'C'.S used to attach sign to bracket or brackets and signs to the supporting building or struc.urc :0:" .',' be of galvanized or 01 an equivalent material. There shall be no visible angle irons. or unslg'-'': supports. All such sign supports shall be an integral part of the sign design. There shz:'! .',.- pole cover on all free-standing signs unless the pole is an integral part 01 the sign Sec. 7.8. Wind Loads All signs, except those attached flat against the wall of a building shall be cons!r'.-cte: :J stand wind loads as follows For solid signs, 30 pounds per square foot on one face 01 the sign. For skeleton signs, 36 pounds per square foot of the total face area 01 the lellers :,:~..: :: sign surfaces, or len pounds per square 1001 01 the gi'OSS area of the sign os cet<2lnH~,;.~: ~'.' overall dimenSions of the sign, whichever is greater. NOTE The wind loadings quoted above are normal averages and must be ao)u5leC 10' .- subject to unusually high velocity winds, for signs of extraordinary height or tor Cer?2,n ;, tunneling effects created by large bUildings. Sec. 7.9. Sign Anchoring No sign shall be suspended by chains or other devices that will allow the Sign to s,\in~ -~.. to wind action. Signs shall be anchored to prevent any lateral movement that "",,,ouie C:~..3e wear on supportlng members or connections. 38 '.Section 8 EXEMPT SIGNS Sec. 8.1. Permit Exceptions The following operations shall nol be considered as creating a sign Insofar as requiring the issuance of a sign permit, but the signs must be in conformance with a)) other building, struc- tural and electrical laws and regulations of the city: (a) Changing of the advertising copy or message on an eXisting approved painted or printed sign, marquee, changeable copy sign or a similar approved sign whether electrical, illum- inated, electronic changing message center or non-illuminated painted message which are all specifically designed for the use of replaceable copy. (b) Painting, repainting, cleaning or other normal maintenance and repair of a sign not in- volving structural changes. Replacement of the plastic face will be included as an exempt operation provided that it is due to a change caused by breakage and/or deterioration of the face, but not for the substitution of a new or different advertiser. (c) Changes in the content of show window displays and permitted temporary signs. Sec. 8.2. Exempt Signs (a) Construction Signs. One construction sign per construction project not exceeding 32 square feet in sign area in residential districts or 64 square feet in commerCial or industrial districts, provided that such signs shall be erected no more than five days prior to the beginning of construction for which a valid building permit has been issued, shall be confined to the site of construc- tion, and shall be removed five days after completion of construction and prior to occu- pancy. (b) Directional or Instructional Signs. Signs which provide direction or instruction and are located entirely on the property to which they pertain and do not in any way advertise a business and do not exceed four square feet in area, signs identifying rest rooms p:..:b~ic telephones, walkways. or signs providing direction such as park'lng lot entrance and exit signs and those of similar nature. (e) Flags. The flags, emblems, or insignia of any nation or political sub-division or corporate Lag (d) Governmental Signs. Governmental signs for control of traffic and other regulatory purposes, street signs. danger signs, railroad crossing signs, and signs 01 pu611c service companies Hldlcatlng danger and aids to service or safety which are erected by or on the order of, a D~Jblic officer In the performance 01 hiS publiC duty. (e) Holiday Decorations. Signs of a primarily decorative nature, clearly incidental and customary and commonly associated with any national, local or religious holiday; provided that such signs shall be displayed for a period 01 not more lhan 60 consecutive days nor more than 60 days in anyone year, Such signs may be of any type, number, area, height, illumination or ani- mation; and shall be set back 10 feet from all boundary lines of the lot, provided that a clear area be maintained to a height of 72 inches, within 55 feet of the intersection of two streets, a railroad and a street and a street and driveway. (f) House Numbers and Name Plates. House numbers and name plates not exce~ding two square feet In area lor each resI- dential building. 39 (g) Interior Signs. Signs located within the interior of any building or stadium, or within an enclosed lobby or court of any building, and signs for and located within the inner or outer lobby, court or entrance of any theatre, that are not visible from the public right-ot-way, This does not. however, exempt such signs from the structural, electrical. or material specifications as see out in this Code. (h) Memorial Signs. Memorial signs or tablets, names of buildings and date of erection when cut Into an, masonry surface or inlaid so as to be part of the building or when constructed of bronze or other incombustible material. (I) Notice Bulletin Boards. Notice bulletin boards not over 24 square feel in area for medical, public, charitable or religious institutions where the same are located on the premises of said institulian Ii) No-Trespassing or No-Dumping Signs. No-trespassing or no-dumping signs not to exceed one and one-half square feet In are::: per sign and not exceeding four in number per lot, except that special permisSion may be obtained from the Administrator for additional signs under proven special circumstances (k) Occupant Signs. One sign for each dwelling unit not to exceed two square feet 1[1 area indicating the narne of the ocupant, location or identification of a heme professional office. II) Piaques. Plaques or name plate signs not more than two and one-half square feet in area whicn are tastened directly to the building. 1m) Political and Campaign Signs. Political or campaign signs on behalf of candidates for public office or measures on elec- tion ballots provided that said signs are subject to the following regulations. (1) Said signs may be erected not earlier than 45 days prior to said election and shall be: removed within 15 days following said election. (2) In any zone. only one stationary sign is permitted on anyone parcel of land Sa;;:: sign shall not exceed 32 square feet in aggregate area and, if detached S~311 ,,~. exceed 6 feet in height. Said sign shall nol be erected in such a manner as iC C:'" stitule a roof sign. It there should be more than one tenant. each tenant shali ~e permitted the above allowed dimensions. NotWithstanding the provisions of thiS Su:"- paragraph, a sign may be placed upon any legally existing sign structure. but no! s2 a.s to cover an already existing current sign (3) No sign shall be located within or over the publiC righl-of-way (n) Public Notices. Official notices posted by public o11lcers or employees \n the performance of their d'-J~les (0) Public Signs. Signs required or specifically authorized for a publiC purpose by any law, statute or 0:'::- inance; which may be of any type, number, area, height above grade, loca\\on. \1\un'o1r.2:'..'::!' or animation, required by the law, statute or ordinance under which the signs are e~ect2C (p) Real Estate Signs. One real estate sign on any lot or parcel, provided such sign is located entirely within the property to which the sign applies, is not directly illuminated, does not exceed six Squ3re: ~eet in area, and is removed within seven days after the sale. rental. or lease has 8eer; accomplished. (q) Permanent Window Signs. Except in residential zones, ~or each ground floor occupancy of a building no! more !na!- two permanent signs may be painted on or otherwise displayed from the InSide surLKo:: 40 - of any window, showcase or other similar facility. Said signs shail be in addition fa those signs permitted under the other provisions of this Code. The total copy area of such signs. however, shall not exceed a maximum of 25 per cent of the total window area, or one square foot per lineal front foot of the premises occupied, whichever is the lesser. (r) Signs in the Display Window. Signs in the display window of a business use which are incorporated with a display of merchandise or a display relating to services offered which comply with sub-paragraph (q) herein. (s) SymbOls or Insignia. Religious symbols, commemorative plaques of recognized historical agencies, or identifi- cation emblems of religious orders or historical agencies, provided that no such symbol, plaque, or identification emblem shall exceed four square teet in area, and provided further that all such symbols, plaques and identification emblems shall be placed flat against a building. (t) Temporary Signs. Temporary signs no! exceeding four square feet in area pertaining to drives or events of civic, philanthropic, educational or religious organizations, provided that said signs are posted only during said drive or no more than 30 days before said event and are removed no more than 15 days after an event. (u) Warning Signs. Signs warning the public 01 the existence of danger, but containing no advertising ma- terial, 01 a size as may be necessary, to be removed upon subsidence of danger. (v) Neighborhood Identification Signs. In any zone, a sign, masonry wall, landscaping and other similar materials or features may be combined to form a display for neighborhood or tract identification, provided that the iegend of such sign or display shali consist only of the neighborhood or tract name. 41 Section 9 "'\~ ~\" REMOVAL AND DISPOSITION OF SIGNS Sec. 9.1. Maintenance and Repair Every sign including but not limited to those signs for which permits or for which no permits or permit fees are required, shall be maintained in a safe, presentable and good structural ma- terial condition at all times, including the replacement of defective parts, painting, repainting. cleaning, and other acts required for the maintenance of said sign, The Administrator shall require compliance with all standards of this Code, If the sign is not made to comply with ade- quate safety standards the Administrator shall require its removal in accordance with this Secl'lon, Sec. 9.2. Abandoned Signs Except as otherwise provided in this Code, any sign which is located on property which be- comes vacant and unoccupied for a period of three months or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned Permanent signs applicable to a bUSiness temporarily suspended because of a change of own- ership or management of such business shall not be deemed abandoned unless the property re- mains vacant for a period of six months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises. Sec. 9.3. Dangerous or Defective Signs No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. Any such sign shall be rernOvec or repa'lred by the owner 01 the sign or the owner of the premises. Sec. 9.4. Unlawful Signs No person shall erect on any premises owned or controlled by him any sign which does not comply with the provisions of this Code. Sec. 9.5. Street Improvement Projects Any sign projecting over a public right-of-way at the time of the effective date of this Coce which was subject to removal or relocation at the owner's expense, pursuant to a permit or other ordinance of the city, shall be removed by the owner or altered at the owner's expense to comply with the regulations of this Code if, as the result of, or after completion at a street improvement project, said sign does not or would not comply with the provisions of this Code. Sec. 9.6. Removal of Signs by the Administrator The Administrator shall cause to be remo\led any sign that endangers the public safety sucn as an abandoned, dangerous, or materially, electrically or structurally defective sign or a sign for which no permit has been issued. The Administrator shall prepare a notice which shall de- scribe the sign and specify the violation involved and which shall state that if the Sign IS 1'101 removed or the violation is not corrected within ten days the sign shall be removed in accorQ- ance with the provisions of this Section. All notices mailed by the Administrator shall be sent by certified mail, Any time periods prOVided in this Section shall be deemed to commence on the date of the receipt of the cerlified mail. For all other signs the notice shall be mailed to the owner of the property on which the s'gn is located as shown on the last equalized assessment roll. If known, or with reasonable care should be known, the notice shall be mailed to or delivered to the owner of the sign and the occupant of the property, 42 --- , Any person having an interest in the sign or the property may appeal the determination of the jldministrafor ordering removal or compliance by filing a written notice of appeal with the Sign Code Board of Appeals within 30 days after the date of mailing the notice, or 30 days after receipt of the notice if the notice was not mailed. Notwithstanding the above, in cases of emergency, the Administrator may cause the immediate removal of a dangerous or defective sign without notice. Sec. 9.7. Disposal of Signs - Fees Any sign removed by the Administrator pursuant to the provisions of this Section shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property, and may be recovered in an appropriate court action by the city or by assessment against the property as hereinafter provided. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal. When it is determined by the Administrator that said sign would cause an imminent danger to the public safety, and contact cannot be made with a sign owner or building owner, no written notice shall have to be served. In this emergency situation, the Administrator may correct the danger, all costs being assessed as contained in the following sub-sections (a) through (h): (a) The notice given by the Adm.lnistrator shall state not only the remedial action required to be taken, but shall also state that it such action is not taken within the time limits set forth in this Code, the cost of correcting the unlawful feature of the sign may be assessed against the property on which the sign is located, together with the additional five per cent for inspection and incidental costs and an additional ten per cent penalty for the cost of collection, and collected in the same manner as real estate taxes against the property. (b) In the event that the owner of the premises, or person entitied to the possession, or the owner of the sign, shall fail, neglect or refuse to comply with the notice to repair, rehabili- tate or demolish the sign to be declared to be unlawful, the owner of the sign, the Owner of the premises upon which the sign is located, and the person entitled to possession thereof (if other than the owner of the premises), or all or any of them, may be prosecuted for violation of this Code. The Administrator may remove the sign declared to be unlawful. (c) If it shall be necessary for the Administrator to remove a sign pursuant to the provisions hereof, bids shall be taken when the estimated costs of demolition exceed $500.00. When completed, the Administrator shall certify to the clerk the legal description of the property upon which the work was done, together with the name of the owner thereof, as shown by the tax rolls of the related municipal area, together with a statement of work performed, the date of performance and the cost thereof. (d) Upon receipt of such statement, the clerk shall mail a nofice to the owner of said prem- ises as shown by the tax rolls, at the address shown upon the lax rolls. by certified mair, postage prepaid, notifying such owner that the work has been performed pursuant to this Code, stating the date of performance of the work, the nature of the work, and the de+ manding payments of the costs thereof (as certified by the Administrator), together with five per cent for the inspection and the other incidental costs in connection therewith, Such notice shall state that if said amount is not paid within thirty (30) days of mailing the notice, it shall become an assessment upon and a lien against the property of said owner, describing the same, and will be certified as an assessment against the property, together with a ten per cent penalty, for collection in the same manner as the real estate taxes upon the property. (e) If the clerk shall not receive payment within a period of 30 days following the mailing of such notice, the clerk shall inform the council of such fact and the council shall there- upon enact a resolution assessing the whole cost of such work, including five per cent 43 r for inspection and other incidental costs in connection therewith upon the lots and tracts of land from which the sign has been removed, together with a ten per cent penalty tor the cost of collection. (I) Following passage of such resolution upon third reading. the clerk shall certify the same to the treasurer, who shall collect the assessment, including the ten per cent penalty of cost for collection, in the same manner as other taxes are collected. (g) Each such assessment shall be a lien against each lot or tract of land assessed, until paid. and shall have priority over all other liens except general taxes and prior special assess- ments. (h) For all purposes hereinafter the owner of the premises shall be presumed to be the owner of all signs thereon, unless the contrary shall appear from facts brought to the attention 01 the Administrator. If the costs are to be assessed against the property, a hearing to confirm the said cost shall be held before the council. At such hearing the owner of the property or other interested person may appear and object to the proposed assessment. Notice of the hearing shall be given at least ten days prior to the date of the hearing to the property owner by mailing a notice of the hearing to the address of said property owner as shown on the last equalized assessment roll 44 r Section 10 LEGAL NON-CONFORMING SIGNS Sec. 10.1. Legal Non-Conforming Signs (a) Notification of Non-Conformity, After the enactment of this Code, the Administrator shal" as soon as practicable, survey the Cily or signs which do not conform to the require- ments of this Code. Upon determination that a sign is non-conforming, the Administrator shall use reasonable efforts to so notify either personally or in writing the user or owner of the property on which the sign is located of the following: (i) the sign's non-conformity; and (ji) whether the sign is eligible for characterization either as legal non-conforming or unlawful. Failing determination 01 the sign owner, user, or Owner of the property on which the sign is located, the notice m3Y be affixed in a conspicuous place to the sign or to the business premises with which the sign is associated. (b) Signs Eligible for Characterization as "Legal Non-Conforming." Any sign located within the city limits on the date of adoption of this Code, or iocated in an area annexed to the city thereatter, which does not conform with the provisions of this Code, is eligible tar char- acterization as a "legal non-conforming" sign and is permitted, provided it also meets the tollowing requirements: (1) The sign was covered by a sign permit or variance on the date of adoption of this Code if One was required under applicable law; or (2) if no sign permit was required under applicable law for the sign in question, the sign was in aJl respects in compliance with applicable law on the date of adoption of this Code, (c) Loss of Legal Non-Conforming Status. A iegal non-conforming sign shall immediately iose its legal non-conforming designation if; (1) the sign is altered in any way in structure or copy (except for changeable copy signs and normal maintenance), which tends to or makes the sign less in compliance with the requirements of this Code than it was before the alteration; or (2) the sign ;s relocated to a position making it less in compliance with the requirements of this Code; or (3) the sign is repiaced; or (4) on the happening of anyone of (1), (2, Or (3) the sign shall be immediately brought into compliance with this Code with a new permit secured therefor, or shall be re- moved. Sec, 10.2, Legal Non-Conforming Sign Maintenance and Repair Nothing in this Section shall relieve the owner or user of a legal non-conforming sign or owner of the property on which the legal non-conlorming sign is iocated trom the provisions of this Code regarding safety, maintenance and repair of signs, contained in this Code, provided, how- ever, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shali not modify the sign structure or copy in any way which makes it more non-con- forming or the sign may lose its legal non-conforming status. 45 , , Section 11 '\ ;)~\\ U SPECIAL SIGNS AND SIGN DISTRICTS Sec. 11.1. Subdivision Development Signs The Administrator may issue a special permit for a temporary sign in any zone in connection with the marketing of lots or structures in a sub-division, subject to the following condilions: (a) Time Limit: Such permitS may be issued for a period not \0 exceed one year. The Ad- ministrator may renew such permits for additional periods of up to one year for each permit upon written application at least 30 days prior to ils expiration. (b) Type of Sign: Signs as used in Ihis Section refer to all types of signs except signs exempted under Section 8 of this Article, and those prohibited under Section 6 01 this Arllcle. (c) Legend: The ollsite sign may contain advertising in connection with the name of the sub- div'lsion, development Hrm, building contt actof! real estate sales firm, and may refer to materials, appliances, supplies and builcing trades used in construction 01 the dwelling units, or services provided by the developer. (d) Location: Any subdivision development sign shall comply with all applicable setback re' quirements for the zoning district in which the property is located. No such sign shall be permitted to rema'ln in one subdivision or in one unit of a subdivision for the purpose 01 advertising the sale of lots or structures in another subdivision, or another unit within the same subdivision, without the express permission of the Administrator, Sec. 11.2. Signs for Special Events Temporary slgns, not in excess of four square feet in area, may be erected as participation in a public parade, public event or public celebration for a period not to exceed ten days, provided. however, the ereclion of such sign shall be approved by the Administrator. Sec. 11.3. Non-Exempt Signs for Direction or Instruction Signs in excess of eight square feet in area which provide traffic direction or instruction to the public shall be allowed in any zone, provided such signs are located entirely on the property to which they pertain, and do not contain any advertising message, In addition, the Admini- strator, with the approval of the city traffic eng'lneer, may authorize the plaCIng of directional signs at appropriate street intersections or other locations for the convenience of the motoring public; such signs shall pertain to places of general interest such as schools, hospitals, publiC build'lngs, airports, fair grounds and other similar public service facilities. Sec. 11.4. Special Sign Districts Merchants occupying 60% or more of the street frontage in feet of properties on both sides of the street in any defined area may petition for the formation of a special Sign District. ThiS might be done for such reasons as to create an area with a particular ethnic atmosphere, to simulate an historic period, theatre or entertainment area, or other sim'llar purpose, A group of properW owners or persons in the right of possession will be chosen by the merchants to rep- resent them. The group shali not exceed ten (10) members and shall comprise the governing body of the S'lgn District. This body will draw up the criteria for signs in the district and sub, 46 ... mit such criteria to council for approval. Council will instruct the city clerk to notify all owners or persons in the righ1 of possession within the boundaries of such district ten (10) days prior to the hearing, after which the council may approve the special Sign District or may veto it. Said veto can only be effected by a three-quarters vote of the council. If the criteria for the special Sign District is approved and becomes effective, the city shall publish them as [egu~ lations of a Sign District in the same manner as a Code of the City. Special Sign Districts to be established at the request of 60 per cent of the mer- chants measured by properly frontage. (Fig. 33). J L II PRJ?!LEE~4 I Figure 33 47 Section 12 :} :'Nlrc U SIGN CODE BOARD OF APPEALS Sec. 12.1. Sign Code Board of Appeals Created There is hereby created a Sign Code Board of Appeals (hereinafter referred to as the "Board") to review decisions of the Administrator, to grant variances from the requirements of this Code. to make suggestions for the amendment of this Code, and to advise the Administrator. Sec. 12.2. Membership of Board The Board shall consist of seven voting members and two non-voting members, all of whom shall be appointed and removable by the council. Each member shall serve without compensa- tion and for a term of three years, or until his successor is appointed after the expiration of his term. First appointees to the Board shall, however, serve staggered terms of: three for 1 year; three for 2 years, and three for 3 years, respectively. Vacancies on the Board shall be filled by appointment of the council for the unexpired term of the vacating member. Sec. 12.3. Identity of Voting Members The seven voting members of the Board shall represent the interests of the city as a whole. No voting member shall be a city employee or have any financial interest in the sign industry. Sec. 12.4. Identity of Non-Voting Members Of the two non-voting members of the Board, one shall be or have been actively employed in or by the sign industry, and the other shall be or have been active in groups or organizations principally interested in environmental beautification or betterment. Sec. 12.5. Board Jurisdiction and Power The Board shall have the power and duty to (a) hear and decide appeals by the sign permit applicant from a decision of the Administrator denying, or failing to grant a sign permit w'lthln 30 days of application; (b) grant variances from the requirements of this Code as part of the disposition of an appeal from action of the Administrator denying or failing to grant a sign permit; (c) hear and decide appeals of a determination by the Administrator thai a sign must be removed for non-compliance with this Code; or (d) make recommendations to the council for changes to this Code; and (e) give advice to the Sign Code Administrator when asked. Sec. 12.6. Criteria for Board D~cision (a) Appeals Without Petition lor Variance. In appeals to the Board from decision of the Ad- ministrator denying a sign permit in connection with which no petition for variance has been filed, the Board's scope of review shall be limited to determining whether or not the Administrator's decision is in accordance with the requirements of this Code and accord- ingly, affirm or reverse his decision. No variance from the requirements of this Code shall be granted or allowed. If the Administrator's decision is reversed, the Board shall direct the Administrator to issue the permit In accordance with its decision. If the Administrator fails to do so for five days from receipt of the direction from the Board, the Board may issue the permit. In appeais from failure of the Administrator to grant a permit within 30 days of applica- tion, the Board shall determine whether the sign and the application meet the require- ments of this Code. If so, the Board shall grant the permit; if not, the Board shall deny the permit. No variance from the requirements of the Code shaii be granted or aiiowed. (b) Appeals with Petition for Variance. In appeals from decision of the Administrator denying or refusing to grant a sign permit in connection with which the appealing party or any other interested party has filed a Petition for Variance, the Board shall have the power 48 , , , , and duty to hear, decide and grant or deny the requested variance from the provisions or requirements of this Code. The Board may grant a variance from the provisions or requirements of this Code only where: (1) The literal interpretation and strict application of the provisions and requirements. of this Code would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the specific building or parcel or property in question; and (2) the granting of the requested variance would not be materialiy detrimental to the prop- erty owners in the vicinity; and (3) the unusual conditions applying to the specific property do not apply generally to other properties in the city; and (4) the granting of the variance will not be contrary to the general objective of this Code of moderating the size, number and obtrusive placement of signs and the reduction of clutter. Where there is insufficient evidence, in the opinion of the Board, to support a finding of "undue and unnecessary hardship" under (a) above, but some hardship does exist, the Board may con- sider the requirement lullilled if: (1) the proposed signing is of particularly good design and in particulariy good taste; and (2) the entire site has been or will be particulariy well landscaped. In granting a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed sign as it may deem necessary to carry oul the spirit and purpose of this Code in the pUblic interest. Sec. 12.7. Perfection of Appeal and Stay of Proceedings An appeal with or without petition for variance may be considered by the Board only if: (a) Written notice of appeal, with or without petition for variance, is filed with the Board: (1) within 10 days of the decision of the Administrator denying a sign permit; (2) within 40 days of the submission of a sign permit application which the Administrator has neither granted or denied within 30 days. (b) The notice of appeai is accompanied by a fee of $ (c) The appellant serves upon the Board a written statement of the reasons in support of his position five days before the hearing on the appeal. The Board shall, on its own motion, or on the motion of any interested party, dismiss an appeal for failure of the appellant to meet any at the requirements of this sub-section or for failure of the appellant to otherwise diligently prosecute the appeai, or if the Boord finds the appellant has made any knowingly false Or misleading statements Or representations in his sign applica- tion or appeal. Sec. 12.8. Board Procedure (a) General. The voting members of the Board shall choose a chairman from among their number who shall serve a term of one year, and shall adopt rules and regulations for its own government The presence of at least four of the seven voting members of the Board and an affirmative vote of a majority of those present at any meeting shall be required for any Board decision or action. (b) Procedure Upon Appeals - Delivery of Sign Application to Board. Upon the filing of a notice of appeal with the Board as provided in sub-section 12.7, the Administrator shall promptly transmit to the Sign Code Board of Appeais, the appropriate application for a sign permit, the written notice of denial with reasons therefor, together with ail plans, specifications and other papers pertaining to the application. When the appeai is from failure of the Administrator to grant a permit within 30 days, the Administrator shall, in addition to the foregoing, furnish the Board with a brief written statement of the reasons for the failure. 49 , ' , . (c) Statement in Support of Administrator's Position. Upon any appeal, the Adm' in his discretion, furnish the Board with a written statement of his posilion ( and may therein repiy to the position of the appellant. Such statements r with the Board of Appeais at teast 10 days in advance of the hearing On the (d) Administrator's Appearance al the Hearing. The Administrator may attend position at any appeal or variance hearing. Sec. 12.9. Advice from Board of Appeals The Administrator may seek the advice of the Board of Appeals on novel or difficl signs, Or questions that arise under this Code. However, such advice given shall , Administrator. Sec. 12.10. Notice of Hearing The Board shall hear and decide appeals within 30 days of the fiiing of the noliCE Notice at the hearing on an appeai shail be given by the Board not less than 10 days hearing to (a) the appellant, in writing. at the address given On the notice of app Administrator, in writing; (c) to any person filing a written statement in OPPosition te lant's Position taken in the appeai; (d) any person filing a written requeSI with the City notice of Board hearings in the 6 months tollowing giving of the requesl; (e) to thE , posting a copy of the notice of hearing in a conspicuous place within the City Hall. property Owners in the vicinity of the property which is concerned in the appeal three placards in conspicuous places on or within 50 feet of the property concerned. Sl and placards shall be in a form prescribed by the Board and shall set forth the time, purpose of the hearing. Sec. 12.11. Hearing All hearings of the Board shall be open 10 the public, and those in attendance shall b, an Opportunity, the length and conditions at which shall be prescribed by Ihe Board, I the Board on issues to be determined. The appellant and the AdminiSlralor shall bE an Opportunity to address the Board on any matter at issue, Any party or interested pE be represented by another at the hearing. Sec. 12.12. Hearing Minutes and Decision The Board shall keep minutes of its proceedings, shali cause to be kept a verbatim reco hearing On any appeal together with its tindings of fact in support of that decision, all shall be open to pUblic inspection, Copies of the Board's decisions On appeais and pel variances shall be mailed or delivered to the appiicanl, to the Administralor, and 10 pers requests for special notice of hearings pursuant to Section 12.10(d), The verbatim recore discarded by the Board one (1) year after the hearing. i f Sec. 12.13. Council Review of Board Decisions Review or appeal of any Board decision may be taken by any interested person to the Cc (a) The Petition for Review must be served on the Council within 30 days at the Board's Or delivery of its decision to the appellant; (b) The record transmitted by the Board shall include the verbatim record of the hearin untranscribed form. Sec. 12.14. Clerical Assistance for Board The office of the City Clerk shail furnish the Board with the clerical and administrative tance Ihat it requires. 50 ~ Section 13 , " J~ ,'f' . , . ADMINISTRATION AND ENFORCEMENT Sec. 13.1. Code Administrator The Administrator shali be chosen and shali serve at the pleasure of the Council. The Admini- strator is hereby authorized and directed to enforce and carry out ali provisions of this Code, both in letter and spirit, with vigilance and with all due speed. The Administrator is authorized to promuigate regulations and procedures consistent with the purpose of this Code, toward that end. The Administrator is further empowered to deiegate the duties and powers granted to and imposed upon him under this Code. As used in this Code, "Administrator" shali include his authorized representative. Sec. 13.2. Inspection by Administrator The Administrator is hereby empowered to enter or inspect any building, structure, or premises in the City upon which, or in connection with which a sign, as defined by this Code, is located, for the purpose of inspection of the sign, its structural and electrical connections, and to insure compliance with the provisions of this Code. Such inspections shall be carried out during business hours, unless an emergency exists. Sec. 13.3. Code Violations and Enforcement The remedies provided in this section, for violations of or failure to compiy with provIsions of this Code, whether civil, criminal, or for sign removal, shaii be cumuiative and shail be in addition to any other remedy provided by law. It Is intended that the civil penalty described herein shall be used in preference fa the criminal penalty, except in case at repeated, malicious, wiltuliy prolonged, or flagrant violations of this Code. Except as ofherwise provided tn this code any sign which Is not In compliance with ali of the provisions of this Code shali be referred to herein as an "unlawful" sign. Sec. 13,4. Civil Remedies The violation of or failure to comply with any of the provisions of this Code, or the erection, use or dispiay of any sign not in compliance with ali of the provisions of this Code shali be and hereby is declared to be unlawful. (a) Injunction and Abatement. The City, through its authorized agents, including the Admin- istrator, or any person, as defined in this Code, may initiate injunction or abatement pro- ceedings or other appropriate action in a court of competent jurisdiction against any person who violates or fails to comply With any provision of this Code or the erector, owner or user of an unlawful sign or owner of the property on which an unlawful sign is loca1ed, to prevent, enjoin, abate or terminate violations of this Code and/or the erection, use or display of an unlawful sign. (b) Civil Penally. Any person who violates or fails to compiy with any of the provisions of this Code or the erector, owner, or user of an unlawful sign or the owner of property on which an unlawful sign is located shall be subject to a civil penalty of $250 for each week or portion thereof that the use or display of the unlawful sign has continued. Provided, however, that the Owner of property on which an unlawful sign is located, who is not also the owner or user of the unlawful sign, shall be subject to the penalty only if demand for removal Or alteration of the unlawful sign shall have been mailed by registered mail, return receipt requested, to said owner and the demand has remained uncomplied with for more than 30 days. The party bringing the action to recover the civil penalty may retain any penalty levied by the court, less court costs. In any suit brought by a person, as defined in this Code, 51 , I 1 ' . ' \ .. the prevailing party shall recover judgment for his attorney's fees incurred in bringing the action, in an amount deemed reasonable by the Court, against the non-prevailing party. Sec. 13.5. Criminal Penalty The violation of or 1ailure to comply with any of the provisions of this Code or Ine erection, use. or display of any sign not in compliance with a)1 of the provisions of this Code shall be and hereby is declared to be a misdemeanor. Upon conviction, any person in violation of or failure to comply with any of the provisions of this Code Dr the Dwner Dr user of an unlawful sign or the owner of the property upon which an unlawful sign is located, shall be punished by a fine of not more than $250 or by imprisonment for nol more Ihan 30 days tor each week, or porlion thereat, Ihat the violation or non-compliance or use or display of the unlawful sign has continued. Every person concerned in the viola~ion ot or failure to comply with the Code, whether he directly commits the act or aids or abets the same. and whether present or absent, shall be proceeded against and held as a principal. Provided, however, that the owner of property on which an unlawful sign is located, who is not also the owner or user of the unlawful sign, shall be subject to the said misdemeanor penalties only if demand for removal or alteration of the unlawfu! sign shall have been mailed by regi- stered mail, return receipt requested, to said owner and the demand has remained uncomp\led with for more than 30 days. Sec. 13.6. Assurance of Discontinuance As an additional means of enforcing this Code, the Administrator may accept an assurance of Discon1inuance of any act or practice deemed in violatiDn of this Code or of any rule Or regu- lation adopted pursuant hereto, jrom any person engaging in, or who has engaged in such act or practice. Any such assurance shall specify a time limit during which such discontinuance is to be accomplished. Failure to perform the forms of any such assurance shall constitute prima facia proof of a violation of this Code or any rule or regulation adopted pursuant hereto or order issued pursuant thereto, which make the alleged act or practice unlawful for the purpose of securing any iniunctive relief from a court of Competent Jurisdiction. 52 . l , l I . Section 14 o~\1 CONFLICT, SEVERABILITY, AND EFFECTIVE DATE A. CONFLICT. If any portion of this Code is found to be in conffict with any other provision of any zoning, building, fire, safety or health ordinance of the Code 01 the City of . the provision which establishes the higher standard shall prevail. B. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Code or its application to any person or circumstance is held invalid by the decision of any Court of Competent Juris- diction, the remainder of this Code, or the application of the provision to other persons of circumstances is in effect and shall remain in full force and effect. C. EFFECTIVE DATE. This Code shall take effect and be in force on , 19 Approved by the city council this day of .' , 19 and signed in authentication of its passage this day of . 19 ~2 53 , - CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JULY 11, 2000 IJltiA.nvJdJ , Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held its regularly scheduled meeting at City Hall, 1880 Main Street. ROLL CALL PRESENT: Chairperson Brian Hanson Commissioner Ray DeVine Commissioner Barry Brainard Commissioner David Kilian Commissioner John McLean Commissioner Al LaMotte ABSENT: Commissioner Rob Sheppard Staff members present: Council liaison Linda Broussard Vickers City Administrator Jim March ** * * * * * * * ** * * ** * **** ** * * ** * *** * * * * **** * * * * * * *** * CALL TO ORDER Chairperson Brian Hanson called the meeting to order at 6:33 p.m. Mr. Ray DeVine updated the commission members on the Fete des Lacs Celebration and stated the importance of volunteers. Mr. DeVine explained the activities that lacked volunteer involvement at the present stage and requested that if members wish to volunteer he would be willing to accommodate them accordingly. NEW BUSINESS DCS, LLC - 1695 Main Street - Signage Mr. Ray DeVine discussed the presented drawings for signage for the building located at 1695 Main Street. Motion bv Commissioner Kilian and seconded bv Commissioner McLean to approve the presented signage for the building located at 1695 Main Street conditioned upon lighting being defused and sign complving with Ordinance #4. All in favor. Motion passed. Commissioner DeVine abstained. Page 1 of2 . OLD BUSINESS Ordinance #4 The committee discussed that the City of Eagan has information available on their web site regarding housing maintenance. Mr. March stated that he would retrieve this information. DISCUSSION ITEM(S) None. CONSIDERATION OF MINUTES Motion bv Commissioner Brainard and seconded bv Commissioner DeVine to approve the June 6. 2000 minutes as presented. All in favor. Motion passed unanimouslv. ADJOURNMENT Motion bv Commissioner DeVine and seconded bv Commissioner Kilian to adiourn the Planning and Zoning meeting of Julv 11. 2000 at 7:20 p.m. All in favor. Motion passed unanimouslv. The next regularly scheduled meeting of the Planning and Zoning Commission is August I, 2000 in Council Chambers. Transcribed by Teresa Bender, City Staff Page 2 of2 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JULY 11, 2000 BDJAlPJ'- . Pursuant to due caU and notice thereof, the Planning and Zoning Commission of the City ofCenterville held its regularly scheduled meeting at City HaU, 1880 Main Street. ROLL CALL PRESENT: Chairperson Brian Hanson Commissioner Ray DeVine Commissioner Barry Brainard Commissioner David Kilian Commissioner John McLean Commissioner Al LaMotte ABSENT: Commissioner Rob Sheppard Staff members present: Council liaison Linda Broussard Vickers City Administrator Jim March * ** * * * ** * * * * * * ** * * ** ********* ** **** * * * * * * * *** ** * CALL TO ORDER Chairperson Brian Hanson caUed the meeting to order at 6:33 p.m. Mr. Ray DeVine updated the commission members on the Fete des Lacs Celebration and stated the importance of volunteers. Mr. DeVine explained the activities that lacked volunteer involvement at the present stage and requested that if members wish to volunteer he would be willing to accommodate them accordingly. NEW BUSINESS DCS, LLC - 1695 Main Street - Signage Mr. Ray DeVine discussed the presented drawings for signage for the building located at 1695 Main Street. Motion bv Commissioner Kilian and seconded bv Commissioner McLean to aoorove the presented signage for the building located at 1695 Main Street conditioned uoon lighting being defused and sign comolving with Ordinance #4. AU in favor. Motion oassed. Commissioner DeVine abstained. Page 1 of2 . OLD BUSINESS Ordinance #4 The committee discussed that the City of Eagan has information available on their website regarding housing maintenance. Mr. March stated that he would retrieve this information. DISCUSSION ITEM(S) None. CONSIDERATION OF MINUTES Motion bv Commissioner Brainard and seconded bv Commissioner DeVine to approve the June 6. 2000 minutes as presented. All in favor. Motion passed unanimous Iv. ADJOURNMENT Motion bv Commissioner DeVine and seconded bv Commissioner Kilian to adiourn the Planning and Zoning meeting of Julv 11. 2000 at 7 :20 p.m. All in favor. Motion passed unanimouslv. The next regularly scheduled meeting of the Planning and Zoning Commission is August 1, 2000 in Council Chambers. Transcribed by Teresa Bender, City Staff Page 2 of2 . .. I Not Approved I CITY OF CENTERVILLE CITY COUNCIL MEETING July 12, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on July 12,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Sweeney (arrived at 6:22 p.m.) Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called the July 12,2000 City Council meeting to order at 6:00 p.m. II. PUBLIC HEARING (S) III. APPEARANCES/AWARDS IV. CONSIDERATION OF MINUTES June 28. 2000 Council Meeting Minutes Motion by Council Member Nelson, seconded by Council Member Vickers to approve the June 28. 2000 Council meeting minutes with one change on page 3 paragraph one under 1999 Annual Police Report to make a change in the last sentence. modifying the word sight to "site." All in favor. Motion carried unanimouslv. Council Member Sweeney arrived late and stated that he requested additional modifications to the minutes. Motion by Council Member Nelson, seconded by Council Member Vickers to reconsider the June 28. 2000 Council meeting minutes. All in favor. Motion carried unanimously. Motion by Council Member Nelson. seconded by Council Member Vickers to approve the June 28, 2000 Council meeting minutes as revised by Council Member Sweeney changing all references of 3SW to 3SE. and on palle 6. last 1 ~ uaral!rauh, the name should read Patti "Hess". All in favor. Motion carried unanimouslv. V. PAYMENT OF CLAIMS The City ofCenterville June 29 through July 12.2000 Motion by Council Member Nelson, seconded by Council Member Vickers to apuroye the expenditures for the City from June 29, 2000 throul!h Julv 12, 2000. AIl in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Nelson, seconded by Council Member Travis to approve the Centennial Fire District expenditures. All in favor. Motion carried unanimously. VI. SET AGENDA The following items were added to the agenda: . Mound Trail under New Business Motion bv Council Member Travis, seconded by Council Member Vickers to auprove the al!enda with the noted addition. All in favor, Motion carried unanimouslv. VII. PETITIONS AND COMPLAINTS Dean and Debbie Stahl- Ordinance #4 Mayor Wilharber noted a letter from Dean and Debbie Stahl, residents, and stated their concern would be addressed at the Work Session on July 19,2000. VIII. UNFINISHED BUSINESS Hunter's Crossing - Final Plat and Developer's Alp"eement Approval Mr. March stated the City Attorney recommends approval of the final plat and Met Council recommends approval of the addition. He noted the appropriate name of the developer and other revisions made to the Final Plat and Developer's Agreement. Mr. March indicated the developer has approved of the changes. Council Member Nelson indicated concern for furthering this project without the assessment issues being settled. Mr. March noted this item has been stressed within the Developer's Agreement and that an actual cost would be known after bids were received to draw, closure on the assessment issues. 2 . Mr. Hoeft added there is some risk when approving a development if residents are contesting their assessments. He encouraged the City to keep the numbers reasonable. Mr. Hoeft stated the numbers in the final assessment role need to be acceptable to all residents affected by the development. Council Member Travis asked if the future zoning preference for this site was R-5 or Planned Unit Development (PUD). Mr. March noted the Comprehensive Plan does not set future zoning preferences but rather leaves it flexible for the Council to make a preference to the density desired. He indicated an addition could be added to the covenants to state this development should meet the requirements for R-5, which sets the main floor square footage at 1,200 square feet. Council Member Vickers asked if the covenants would set the range of the house prices. Mr. Carlson stated he has set a range of $200,000 or greater within the covenant provided to the City. He indicated his sign states the range could go up to $250,000. Council Member Travis asked that the developer be held to either $200,000 or 1,200 square feet on the main level to meet the R-5 zoning requirements. Mr. Carlson requested special consideration to be given for two story homes that have less than 1,200 square feet on the main level, but are valued over $200,000. Council Member Vickers stated she would be comfortable with the price limit if the square footage cannot be met to keep the value of the homes up. She noted this could be addressed within Ordinance #4 for future developments as well. Motion bv Council Member Vickers, seconded bv Council Member Nelson to approve Hunter's Crossin!! Final Plat. and that the covenants contain a minimum valuation of the homes to be no less than $200.000. All in favor. Motion carried unanimouslv. Motion bv Council Member Sweenev. seconded bv Council Member Nelson to approve Hunter's Crossin!! Developer's A!!reement as revised bv Staff. All in favor. Motion carried unanimouslv. Michael Zwicki - Drivewav Access Mr. March reported this was discussed at the last meeting to assist the resident in gaining access to the roadway from his driveway. He noted a machine has been donated by Tri State Bobcat, to grind down the roadway which would then be repatched for access. Mayor Wilharber asked if a precedence would be set with this issue due to the fact the City is funding the patching and that Public Works time would be used for the grinding equipment. Mr. March noted a Public Works employee would be donating his time to work the equipment and that the asphalt would cost roughly $25-$50. 3 . Council Member Sweeney noted the resident was asked to look into funding from the MS Society for grants and equipment. He stated the City is assuming the responsibility for accessibility when it should be the responsibility of the resident. Council Member Vickers asked that the time and materials be tracked so an invoice could be forwarded to the resident for payment. Council Member Sweeney concurred. Council Member Nelson stated she was in favor of the project and felt it was the City's obligation to make the City handicap accessible. Mr. Hoeft noted the City has no legal obligation to complete this accessibility due to the fact the city street is to code and that the driveway grade is difficult at this site. Motion bv Council Member Vickers. seconded by Council Member Travis to approve the use of the !!:rindinll eauipment. for public works to !!:rind down the street. an asphalt section be patched and that the time and materials be invoiced to the resident. All in favor. Motion carried. (Sweenev and Nelson opposed). IX. NEW BUSINESS City Finance Advisor Review Mr. March explained the financial advising company that contracts with the City is not as responsive to the City of Centerville as they used to be. He indicated there has been several recent issues with a lack of returned phone calls for bond work. Mr. March asked if the Council would like to take applications for additional bond companies before the Hunter's Crossing Development was issued. Mayor Wilharber asked if Ehlers has been addressed with the concerns and future position of the City. Mr. March stated he thought he would address the Council before this issue moved forward. He noted he would have no problem addressing them with his concerns as they would be justified. Mr. March added that an additional financial advisor would help to keep the financing honest for the City. Council Member Nelson stated she would like to see the City have another firm if full service is not being received from Ehlers by Staff. Council Member Sweeney concurred. Mayor Wilharber asked if the City of Circle Pines had been addressed as they use Juran and Moody. Mr. March stated he has not addressed them to date because he was uncertain of the Council's wishes. Motion by Council Member Sweeney. seconded by Council Member Nelson to advise Staff to !!:ain pricin!!: from Juran and Moody as a financial advisor for the City of Centerville. All in favor. Motion carried unanimously. Mound Trail Discussion . 4 . Mr. Peterson noted he was contacted by Frattalone Excavating regarding the 560 feet of redevelopment to Mound Trail. He noted they need access for vehicles over 5-ton to haul materials in and out of the site. Mr. Peterson recommended this work be done at a dry time of the year, such as August, or after the ground is frozen. Mr. Peterson indicated the City is paying half of the redevelopment fee and that Buechler is paying the other half. He stated a $30,000 bond would cover an overlay of the roadway if the road were to deteriorate. Mr. Peterson noted this would greatly depend on the ground under the roadway. Mr. March stated an overlay was completed several years ago, which added I Y:z inches of asphalt to the grade. Mr. Peterson indicated this overlay could increase the rating of this road to 7-ton. Council Member Vickers asked if a time frame should be set for this redevelopment. Mr. Peterson stated he would have the authority to stop this project if the weather was not cooperating. Motion bv Council Member Sweenev. seconded bv Council Member Travis to approve the Mound Trail Redevelopment. that the developer and paver workout the pavment of a $30,000 bond: and that the timin!! of the redevelopment be approved bv the Citv En!!ineer. All in favor. Motion carried unanimouslv. X. CONSENT AGENDA Ken Cook Performance Review. Based on Satisfactory Review - One Step Increase to Grade 5. Step 5 Motion bv Council Member Nelson, seconded bv Council Member Vickers to approve the performance review and pav increase for Ken Cook to Grade 5. Step 5. All in favor. Motion carried unanimouslv. XI. COMMITTEE REPORTS . Council Member Sweeney noted the Parks and Recreation Committee are reviewing trail specifications done by developers and by the City to set a standard for the level and grade of each trail. Mr. March stated, in the future, all trails will have to meet City trail standards. Council Member Sweeney noted the new Chair of the Parks and Recreation Committee is Doug Porter. . Council Member Sweeney noted Karla DeVine has contacted the City of St. Cloud with regard to their BMX track. He indicated St. Cloud has a "top of the line" track and that riders pay a fee to a BMX Club to alleviate all liability from the City. Mayor Wilharber noted the City Clerk visited the skate park in Shoreview to gain ideas in this area as well. 5 . . Mayor Wilharber noted the Anoka County Park and Recreation Committee invited the City of Centerville to an Open House on Saturday, July 22, 2000 for the Rice Creek Park. . Mayor Wilharber stated the Fete des Lacs buttons are now on sale for $5 each. XII. ADMINISTRATOR'S REPORT Mr. March indicated the fences would be put up this Saturday in LaMotte Park at 9:00 a.m. Mr. March reminded the Council that there would be a Work Session meeting next Wednesday to discuss Ordinance #4. Mr. March explained the Met Council has a study for communities with 20 to 100 acre parcels that need development. He stated this was a free study provided by Met Council and that the City of Centerville would be applying for the study. XIII. ADJOURNMENT Motion bv Council Member Sweenev. seconded bv Council Member Nelson to adiourn the Julv 12. 2000 Council Meetinl: at 7:14 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. 6 . NOT APPROVED CENTERVILLE ECONOMIC DEVELOPMENT COMMITIEE MEETING MINUTES JULY 18, 2000 Pursuant to due call and notice thereof, the Centerville Economic Development Committee held their regularly scheduled meeting on July 18, 2000 at City Hall, 1880 Main Street. Present: Chairperson Tim Rehbine Committee Member Lori Dom Committee Member Mary Capra Committee Member Betsy Scheller Committee Member Paul Montain Absent: Committee Member John Magill Committee Member Michelle Moser Committee Member Dick Travis (Counci11iaison) Staff: Jim March, City Administrator Kris Sweeney CALL TO ORDER Chairperson Tim Rehbine called the meeting to order at approximately 7:08 p.m. APPROVAL OF MINUTES June 20, 2000, Economic Development Committee Meeting Minutes Motion bv Ms. Dom seconded bv Mr. Rehbine to aoorove the June 20. 2000. Economic Development Committee Meeting Minutes. All in favor. Motion carried. Mr. Montain and Ms. Capra abstained. OLD BUSINESS Desilm Team - "Ideas in Action" Mr. Rehbine had a telephone interview with a member of the Design Team to discuss implementing designs in the community and to give Design Team visit feedback. a. City Theme - Historical Ms. Capra suggested that we investigate a historical marker. She will contact the State of Minnesota to get more infonnation on a historical marker. , b. Phase I - Downtown Revitalization Mr. March reported that there was a new time line for the grant application. There was a petition for water for the downtown area - they are short one signature. They need 35% of the property owners to sign to have the project move forward. The Downtown Revitalization - business owners and homeowners are interested but would like more information. Star City Goals and Objectives a. Winter Activitv Mr. Montain stated that he would contact local business owners in regards to activities, funding, etc. Mr. Rehbine suggested a winter carnival. Mr. Rehbine and other members suggested some activities such as: snowshoe softball and snowshoe racing. b. Citv Merchandise Ordered City merchandise was discussed. Ms. Dom commented that she would participate in selling city merchandise at the warming house. Mr. Rehbine commented that would sell merchandise from his tractor during the parade. Ordinance #4 Update Mr. March reported that there would be a joint workshop with City Council and Planning and Zoning on Wednesday, July 19, 2000. ~v"ll. March noted that for this upcoming election that there are 2 council seats available and the Mayor's. Also, there are two seats available on the Park and Recreation Committee. Business Owners Comments No report given. Ms. Sheller mentioned that there could be a letter issued to the business owners that didn't make it the Business Appreciation Dinner to notice that they weren't there and that they were missed. Ms. Sheller thought this would be a good practice for next year. NEW BUSINESS Grant Application Mr. March received two grant applications - I from Wal-Mart ($4,000 to $8000) and I from State Farm called the Good Neighbor Grant for $500.00. Mr. Rehbine made a motion to fill out these applications, seconded by Ms. Sheller. Motion carried unanimously. Special Revenue Fund Not available. Desil!l1 Team Survey Mr. March mentioned that Cal Thorpe and Associates does surveys, takes pictures ofthe area, and surrounding area and how the city grows before and after. Collaboration with Lino Lakes for the layout of new businesses in the industrial park area was suggested. Mr. March will further investigate this grant opportunity. ADJOURNMENT Motion by Mr. Montain. seconded by Ms. Scheller to adiourn the July 18. 2000 Economic Development Committee Medin!!. All in favor. Motion carried unanimouslv. Meeting adjourned at approximately 8:45 p.m. Transcribed by: Kris Sweeney City Staff " APPROVED CENTERVILLE ECONOMIC DEVELOPMENT COMMITTEE MEETING MINUTES JUNE 20, 2000 Pursuant to due call and notice thereof, the Centerville Economic Development Committee held their regularly scheduled meeting on June 20, 2000 at City Hall, 1880 Main Street. Present: Chairperson TimRehbine Committee Member Lori Dom Committee Member John Magill Committee Member Michelle Moser Absent: Committee Member Mary Capra Committee Member Betsy Scheller Committee Member Paul Montain Committee Member Dick Travis (Council liaison) Staff: Jim March, City Administrator CALL TO ORDER Chairperson Tim Rehbine called the meeting to order at approximately 7:00 p.m. APPROVAL OF MINUTES May 23, 2000, Economic Development Committee Meeting Minutes Motion bv Ms. Moser. seconded by Mr. Magill to approve the May 23. 2000. Economic Development Committee Meeting Minutes. All in favor. Motion carried unanimously. APPEARANCES Fete des Lacs Committee Update Chairperson Ray DeVine approached the committee and discussed the upcoming Fete des Lacs celebration and the need for volunteers. Mr. DeVine stated that volunteers were needed for events (e.g. door to door solicitation, advance ride tickets, set-up, clean-up, parking cars and etc.) Mr. DeVine noted that the fee for craft show registration had been lowered to $15 per space yerses $40, .\ OLD BUSINESS Design Team - "Ideas in Action" Mr. March stated that he had been notified by a women who stated that she was with the Minnesota Design Team and that she would be forwarding a survey to the City in an attempt to assist those communities that they visited with previously in locating funding for implementation in the projects that they recommended. Mr. March stated that he would forward same to Chair Rehbine. City Theme No report given. Phase I - Downtown Revitalization Mr. March reported that the City would be notified by the end of the month if it was awarded the Met. Council's Livable Communities Grant. Mr. March noted that there were a total of 46 grant applications submitted; however, 19 submissions were in the category that the City applied for funding (enhanced transit project). Star Citv Goals and Objectives Mr. Rehbine reported that the Lino Lakes Chamber of Commerce IS starting an Ambassador Club. Winter Activity Mr. Rehbine stated that he would contact local business owners in regards to activities, funding, etc. Ordinance #4 Update Mr. March reported that there would be a public hearing on June 28, 2000. Several committee members questioned enforcement of the ordinance and assessment of fines for violations. Business Owners Comments No report given. NEW BUSINESS Centerville MerchandiseIBooth The committee discussed funds raised last year. Mr. March reported that an order had been submitted for merchandise. Ms. Scheller volunteered to sell merchandise. Lengthy discussion was had in regards to placement of a booth. Special Revenue Fund Not available. Grants and other Financial OIJportunities Report given previously. City Merchandise Ordered Previously discusses. ADJOURNMENT Motion bv Mr. Mal!ill. seconded bv Ms. Dorn to adiourn the June 20. 2000 EDC Meeting. All in favor. Motion carried unanimouslv. Meeting adjourned at approximately 8:15 p.m. Transcribed by: Teresa Bender City Staff Page 1 of2 - -- -I Jim March To: Wayne LeBlanc; Theresa Brenner; Tom Peterson; Tim Rehbine; Ray Devine; Michelle Moser; Lori Dam; John McLean; Jim Hoeft; Hanna Tilsen; Patricia Scott; Elizabeth Scheller, Doug Porter, Dave Kilian; Mary Capra; Aimee Fairbrother; City Council Subject: Week in Review Week in Review July 21,2000 Building Permits this Period = Building Permits YTD New Homes Year to Date 4 = 102 = 27 ********************************************+ ,********************************************** . I attended a meeting at the offices of the Met Council yesterday, The community development review panel met to rank the applications for the Livable Communities Act Demonstration Grant Program. There Nere 28 development applications in our funding category, Eleven applications have been removed from consideration, Our application was not one of the applications removed from consideration, The remaining 17 applications are requesting approximately $30 million worth of funding with only about $9,9 million available. Our application is cu'rently on the borderline. It became apparem mal Inis inlllal rev,,,1I'I was S<.l"I"wflallJvliLi~ai. Ti"",,,, were [i I. cc County Commissioners on the review ranel with several Council members from large suburban communities. The first hour of the meeting was spent discussing conflict of interest by members of the review panE>!. An Anoka County Commissioner was not Sitting on this panel. The group used a ranking system comprised as follows: +, +0, 0, 0+, 0-, -0, and -. This ranking system seemed confusing to the audience as well as the review panel members. Our application received a mostly positive, but a mixed review of 3+, 5 +0, 1 0,3 0-, and 2 -, I was shocked to see that one of the panel members that gave us the lowest score was Lucy Thompson (one of our Design Team visit co-leaders). We had incorporated three of the Design Team recommendations in our proposal. The only item that I believe Lucy could be opposed to is the demolition of the public works building that a Design Team member had sketched as a future site of a potential "Heritage Museum". I am concerned that her low score of our project could knock us out of the running for approximately $1.3 million dollars. I have contacted Mary Capra in regards to this issue and she is going to contact Theresa Brenner, I think that if our Design Team visit co-chairs would write a letter stating that the community is seeking to preserve our heritage in other ways and that the Heritage Museum has not remained a community priority, this may influence Lucy's opinion on the issue. 7/21100 - Page:: 0["2 This. same committee will be meeting again on August 3rd at 9:00. They will be trying to dwindle down the list some more before the pass their recommendations on to the Livable Community Advisory Committee. Another disappointing event was that the Met Council staff had not distributed staff comments to the review panel members until right at the start of the meeting. I know that there are some positive staff comments in regards to our application. If we make it through the next meeting, our application may have a better chance with actual staff reviewing the application versus volunteers serving on the review committee. There were only a couple of applications from small Cities. The projects that were eliminated were from 5t. Paul, Minneapolis, Brooklyn Center, Robbinsdale, West 5t. Paul, Osseo, 5t. Paul Park, Blaine, Oak Park Heights and 5t. Francis. A number of the larger Cities submitted multiple applications. One of the highest ranking projects was from the City of Oak Park Heights. They are requesting over $7.5 million dollars. If they are awarded a grant in the full amount, the process becomes a mute point for the remaining 16 finalists. I am not sure how the funds will be divided between development and pre- development projects. The review panel only kicked out 2 of 18 projects that are in the pre- development stage. I am not going to advocate that we submit an application for the Met Council opportunities p~;;;~::::-;. .^.: ~:-:;; meeting, Met Council staff distributed a list of ten projects that they were supporting for the opportunities site program. This program is only going to be able to help four communities. I believe we would be wasting our time chasing this grant. However, the Mayor received a flyer from DTED in regards to a redevelopment grant program that they are sponsoring. They have six million dollars available. Our downtown revitalization project may be a fit for this program. I plan to attend their upcoming grant workshop on this program. I am pleased that we have made it this far in the process and I am going to remain optimistic. This has been a good learning process and if we are not funded we will prepare to gather the Met Councils recommendations and resubmit for next year. We will continue to pursue all available grant opportunities. , One week to Fete des Lacs. All events seem to be on track. Posters from the carnival arrived this mornina and will be distributed to area businesses over the weekend. Ballfield fences have been completed at LaMotte Park. Thank you to the volunteers. Lion's and public works for bringing this project to completion. , The bid opening for Hunter's Crossing is scheduled for this afternoon at 2:00. * The Ordinance #4 workshop had about six citizens in attendance. The consensus was to send the Ordinance back to the Planning and Zoning Committee. The overall length of recreational vehicles being 28' was an issue with most people. If the lenghth was increased to 35', it appeared that most people would be satisfied. An additional public hearing will have to be scheduled for comment on these changes. 'Grand opening for Centerville Beach is scheduled for tomorrow at the Regional Park. * Enjoy your weekend! 7/21/00 -- - ~o- - - - . Jim March To: Wayne LeBlanc; Theresa Brenner; Tom Peterson; Tim Rehbine; Ray Devine; Michelle Moser; Lori Dam; John McLean; Jim Hoeft; Hanna Tilsen; Patricia Scott; Elizabeth Scheller; Doug Porter; Dave Kilian; Mary Capra; Aimee Fairbrother; City Council Subject: Week in Review Week in Review July 14. 2000 Building Permits this Period Building Permits YTD New Homes Year to Date = 4 = 98 = 27 ************************************************************************************************* . The Centerville Lion's Club will be installing the outfield fences at LaMotte Park tomorrow morning. We are looking for additional volunteers. We will be starting at 9:00. We will be grilling out free food for all volunteers!! . Several grant opportunities have surfaced in the last week. I received a request for proposals from the Minnesota Amateur Sports Commission. They have approximately $2.5 million available for park improvement projects. This is a new program for them. They want to place a special emphasis on projects that propose new soccer fields. This item will be on the next Park and Recreation agenda. I have also received a request for proposals from the Met Council. They are looking for four communities that would contain opportunity sites for smart growth projects. The Met Council will be hiring the firm Calthorpe and Associates to work with the four selected communities to help develop models for smart growth. I am thinking about a joint application with Lino Lakes that would look at the undeveloped commercial property at the northwest quadrant of 135E. We have also received an economic development grant application from Wal-Mart and State Farm Insurance (thanks to Lori Dorn). I believe it is important to pursue all available grant opportunities that will allow us to leverage dollars that we plan to spend on our many planned projects. . There is a grand opening planned for the Rice Creek Regional Park for Saturday, July 22nd. They will be offering different activities and food. Contact City Hall for more information. . Hunter's Crossing received final plat approval this week. Grading is underway. Mr. Carlson is allowing us to ignite the fireworks from his property. . I received a surprising call earlier this morning. The caller lives adjacent to the newly constructed haul road that was constructed from Centerville Road to the lift station on the north side of LaMotte Park. The resident estimates that 35-40 people a night are walking 7/14/00 ~ . . or biking on Centerville Road and then turn on this haul road to access the trail system in the Regional Park. He asked that the City consider making this a paved trail to lead into the park. He was very supportive of the trail development and was pleased to see that people were removing themselves from danger on Centerville Road. He indicated that his neighbors felt the same way. He also noted that the trail users are very friendly and nearly all of the users waive to him in the driveway as they pass by. I have heard many positive comments about the park and the trail system. . Enjoy your weekend! 7/14/00 Jim March To: Wayne LeBlanc; Tom Peterson; Tim Rehbine; Theresa Brenner; Ray Devine; Patricia Scott; Michelle Moser; Mary Capra; Lori Dam; John McLean; Jim Hoeft; Hanna Tilsen; Elizabeth Scheller; Doug Porter; Dave Kilian; City Council; Brian Hanson; Aimee Fairbrother Subject: Week in Review Week in Review July 7. 2000 Building Permits this Period = 5 Building Permits YTD = 97 New Homes Year to Date =27 ********t******************************************************************************************* * The Fire Steering Committee meeting scheduled for next week Thursday has been cancelled by the Fire Chief due to a lack of agenda items. * The storm that we had this morning left a little damage in the community. A couple of trees were lost. It was reported that there were power lines down near the lakeshore on Mound Trail. NSP was notified of the downed lines. * There is a Planning and Zoning meeting next week Tuesday, Council meeting on Wednesday and Fete des Lacs meeting on Thursday. Fete des Lacs volunteers are still needed. This is close to your last chance to volunteer! * Ballfield fences are going to be installed at LaMotte Park on Saturday, July 15th starting at 9:00. Volunteers are welcome. The lion's Club will be providing food for all volunteers! * There is a meeting scheduled for 9:00 tomorrow morning at Acorn Creek Park with the president of Greener Pastures. This company manufactures an organic bacteria that eats pond algae. This neighborhood meeting is being organized to assess the financial interest of surrounding property owners to pay for the treatment of the pond. If you are interested in hearing about this product and process feel free to attend the meeting. * Adrian (AJ) Rieder started as our seasonal public works employee. Earl Fleischman and Kristen Sweeney are expected to join the staff on April 17th. * Enjoy your weekend! 7/7/00 --t~ tervi{{e 'Estab[ished 1857 PLANNING AND ZONING COMMITTEE MEETING AGENDA TUESDAY, SEPTEMBER 5, 2000 6:30 p.m. I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING (S) III. APPEARANCES 1. Roger Shimon - Electric Fence Concern Letter IV. OLD BUSINESS 1. Ordinance #4 - Building Official's recommendation for modification V. NEW BUSINESS 1. Sign Ordinance 2. 2001 Budget VI. DISCUSSION ITEMS VII. CONSIDERATION OF MINUTES 1. August 1,2000 Meeting Minutes VIII. ADJOURNMENT MEMO DATE: September 1, 2000 TO : Plarming Commission FROM: Jim March RE : Attached letter from Roger Shimon, 1751 Peltier Lake Drive ............................................................................ I met with the gentleman that wrote the attached letter on Friday morning. He is concerned about an electric fence that exists on the north side ofhis property. His property is adjacent to an approximate 14 acre parcel that is zoned R-1 Rural Residential and is owned by John and Sanna Buckbee. Mr. Shimon plans to appear at the Planning Commission meeting. He would like to address amending the zoning ordinance to include a buffer for this type offencing between R-1 and other residential districts. Mr. Shimon feels that he should not be forced to construct a fence because his neighbor decides to put up an electric fence. I spoke to Mr. John Buckbee in regards to this issue. Mr. Buckbee indicated that he might have intentions to expand the pasture area for his horses on his own property. The electric fence would be approximately 8' off of the property line. The newly adopted Ordinance #4 allows electric and barb wired fencing only on property zoned R-1 Rural Residential. There is no mention of a buffer zone or setbacks required for this type of fencing. ~ FAX To. c...... ... PlMnlng CoI.~,..... 'IUIII: ....1III1IMn .... S51-428 em ....... 1 .... lIi11llO .... .... OIllnll1c8 far EJectrtc F___ cc. ~ t, 2000 0aIr PIaoiDa (''''.....:.,-: I'm ~ lIlis teaer III fiml out wIIIIt W\l (;10 do aboul eIeclri; fmcco in CcmniIlc. It.. my III.........." tbal a IxmoownIr is allowed III baw III eIeclri; fax:e in . runol III'Ca but net in a residcali8l ana, wIlh no bdftIIr ZICIIC betwom 1Iae _. I'm I"~. 5()..fbct nile v.!ltre d1ls siluatim occurs. h the ruIcs stam at thiJ time, )'00 am aclually have a Day Can! right up III III electric fimce. Does tbls IlIID .." AlIa- an iDdivDJal _ &II elAllric fence III make h!!Iber ..... bip'. sbouId the ~ prapaty - have to put up a fax:e at biI llXpfOlll'? Wbat does tbls do Ibr the \IlIJue of dle r~~~? WIlb the II&I1lY ....11._..... in our clly, shouldn't"'" have 11\ ~ to pr'OIIICt our children and ~ riDals in the Cit)' of'CcmrvlIIe? SiI.unJy, RIJlF E. Shimm t 75 I Peltirlr Lake Drive ~MN 55038 651-t07-9434 L . MEMO Date: September 1, 2000 To: Chairperson Hanson Planning and Zoning Commission From: Jill Lien Re: Sign Ordinance Mr. Craig Bode ofthe County Bank will be appearing before the Committee to present the specifications for the proposed sign for the County Bank. The information was not available at the time of packet assembly. Also, please bring the i!,formation provided to y"" "t the August meeting n-om n"Vf' """nnf)n "f Color Sign Service Midwest, Inc. as a basis for discussion on revisions to the sign portion of Ordinance #4. At the recent joint meeting on Ordinance #4 with the Planning Commission and City Council, Mr. Greg Owens (President of County Bank) was in attendance to discuss their proposed time and temperature sign. The consensus at that time was that this type of sign would be allowed and granted a variance. Discussion also occurred that the Commission would be addressing the creation of a new sign ordinance. Mr. March would like to begin these discussions at the next meeting. TO: Planning & Zoning Committee FROM: Teresa Bender, Clerk/Treasurer SUBJECT: 2001 Budget DATE: August 31, 2000 Attached you will find a budget worksheet for the year 2001. Last year's budget amount was $1,540, the same amount was inserted for a preliminary budget workshop meeting. These number can be modified. Please discuss this issue, and forward your results to staff. Thank you. .;.'"; ~ S' !":D.. ~ 8 ~ - o w~ ~..... :dw >w ,~ UCl) .....::.:: ZO:: wo 0;: LI...... Ow ~C) _0 0::> III D.. >< W .' N D.. c~ :,' ~~ ...... ~.~ ~ '3 ~' . i.;:.. ~,.. ~ c :;! ~ c ::> 1l1S ~'" Z'<l " III ~ > ~t: >" ",0 je .. '" ... > d WD "'.. Ii: W o > oe ZD ::>D lL" o Z ::> lL 888888 gdggsio N;:\_,",,*;:I; fR.flt6"t~ ;;; 1S '" -g III 888888 ~i~~~~ '" c " o I' .. o ... > 88~8ftj~ ;g g~iigg~ ~ '" '" '" 8 8 g ~ ;!: IS g \Ii gj ~ ~$~;~ J iil o f~ ~~ -" II; gJ .. i uO-~C)it ~~~:~w ""- '8 ~ l! l5 l! ." " E C) ::1 ::! '" I- g''''g''''''' j ~ ~ ~ ~ CL a.. D.. a.. Q. o 0 0 a 0 c <:) ~ ~ ~ ;;; en c; <;; ~ :; :; ~ :.t ~ :; Ii: fu l!l Cl --g -g -g -g -g ::J ::J ::J ::J ::J U. LL IJ. LL. LL ~~~~~ ~ ~ ~ ~ 0 8 o $. ~ .. 8 o ;:1;, ~ '" s o I- " o Q. ~ '" CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION & CITY COUNCIL JOINT WORKSHOP July 19, 2000 ........ Pursuant to due call and notice thereof, the Planning and Zoning Commission and Council of the City of Centerville held a joint workshop at City Hall, 1880 Main Street. ROLL CALL COUNCIL PRESENT: Council Member Terry Sweeney Council Member Linda Broussard Vickers PLANNING & ZONING PRESENT: Commission Member Ray DeVine Commission Member Barry Brainard Commission Member AI LaMotte COUNCIL ABSENT: Council Member Tom Wilharber Cuufi~ill...Ic;Luu"l uick Travis Council Member Mari Nelson PLANNING & ZONING ABSENT: Commission Member Rob Sheppard Commission Mcnibcr JOh.l1 McLean Commission Member David Kilian Commission Member Brian Hanson Staff members present: City Administrator Jim March * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The meeting was called to order at 6:32 p.m. NEW BUSINESS None. OLD BUSINESS ORDINANCE # 4 Page I of2 Council Member Sweeney stated that he had spoken with Mr. Todd Gardner, 1817 Fox Run, who requested that Council Member Sweeney relay his opposition to recreation vehicle restrictions contained in the ordinance. Mr. Joe Steele, 6926 Sumac Court, was present and concurred with Mr. Gardner's opposition and stated that his children use the vehicles and it occupies their time. Mr. & Mrs. Doug Frederickson, 7055 Eagle Trail, were present and also concurred with the opposition previously stated and reiterated that they would move out of Centerville ifneed be. Council Member Sweeney stated that he has spoken with all firefighters and they are against any additional restrictions. Ms. Vickers spoke about Council and Planning and Zoning's efforts to reach compromises with the proposed draft. Steve Whittet, 7162 Brian Way, stated that he owns a motor home that is 32' and did not want to see additional restrictions. Several members of the audience wanted to see the length of recreational vehicles be increased to 35' versus 28'. Greg Owens, County Bank, presented members with a proposed sign for County Bank and stated that the sign would include such items as weather, time, etc. Mr. Owens stated that he felt sign restrictions should be different for commercial sites abutting county roads. Mr. Owens stated that he would forward other communities' commercial sign restrictions to Planning and Zoning. Council Member Sweeney stated that residents could bring forward a formal petition for any item contained in the new ordinance. DISCUSSION ITEM(S) None. ADJOURNMENT Motion by Committee Member DeVine. seconded by Member Brainerd to adjourn the Planning and Zoning/Council ioint workshop of Julv 19. 2000. All in favor. Motion Carried Unanimously. The meeting was adjourned. Transcribed by Teresa Bender, City Staff Page 2 of2 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION August 1, 2000 ..... Pursuant to due call and notice thereof, the Planning and Zoning Corrnnission of the City of Centerville held its regularly scheduled meeting at City Hall, 1880 Main Street. ROLL CALL PRESENT: Chairperson Brian Hanson Corrnnission Member David Kilian Commission Member Ray DeVine Commission Member John McLean Corrnnission Member Barry Brainard Commission Member AI LaMotte ABSENT: Corrnnission Member Rob Sheppard Staff members present: City Administrator Jim March * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER Chairperson Brian Hanson called the meeting to order at 6:35 p.m. ~,~ w~ U\...lV...J.LII..........,U' None. OLD BUSINESS COUNCIL/PLANNING AND ZOING JOINT WORKSESSION - ORDINANCE # 4 Recreation vehicle length was discussed and consensus was that the desired length should be increased from twenty-eight (28) feet to thirty five (35) feet. Motor home length was the primary reason for the modification. Mr. Brainerd stated that he would like to see Elk River's sign ordinance. Council Member Vickers requested clarification from legal counsel in regards to "grand fathering" areas of the ordinance, which have received modification from the re-write. Consensus was that zoning permits should be needed for items such as driveways, fences and accessory structures. The commission also wanted foundation plantings removed from the landscaping chart. Page I of2 Motion by Member DeVine. seconded bv Member Kilian to forward the presented Ordinance #4. including the above stated modifications. to City Council for their consideration at the Public Hearing scheduled for August 23. 2000. All in Favor. Motion Carried Unanimously. DISCUSSION ITEM(S) None. CONSIDERATION OF MINUTES Motion bv Member LaMotte. seconded bv Member Kilian to approve the July 11. 2000 meeting minutes as presented. All in favor. Motion Carried Unanimously. ADJOURNMENT Motion bv Member DeVine. seconded by Member Brainerd to adiourn the Planning and Zoning meetin~ of August 1. 2000. All in favor. Motion Carried Unanimously. The meeting was adjourned at 7:36 p.m. The next regularly scheduled meeting of the Planning and Zoning Commission will take place on September 5, 2000 at 6:30 p.m. in Council Chambers. Transcribed by Kris Sweeney, City Staff Page 2 of2 Not Approved , CITY OF CENTERVILLE CITY COUNCIL MEETING August 9, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on August 9, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers (Arrived at 6:06 p.m.) Council Member Man Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called the August 9, 2000 City Council meeting to order at 6:00 p.m. II. SET AGENDA The following items were added to the agenda: . LeBlanc Letter under Petitions and Complaints . Eagle Pass Townhome Association Letter under Petitions and Complaints . Salazar Potentially Dangerous Dog Discussion under Unfinished Business . Storm Sewer Realignment Discussion under New Business . Eagle Truck Closing Discussion under New Business . Saddle Stillwater Dead Broke Club Gambling License Discussion under New Business . Appointment of Park and Recreation Commission Members under New Business . Weed Control Discussion under New Business Motion bv Council Member Sweenev. seconded bv Council Member Nelson to approve the al!enda with the noted additions. All in favor. Motion carried unanimouslv. III. PUBLIC HEARING (S) Salazar - Potentiallv Dangerous Dog (Dakota) I Ms. Salazar addressed the Council and noted she did not feel her dog was a potentially . dangerous dog. She indicated Dakota has had his shots since the time of the incident and that he was still a puppy at the time, being only eight months old. Ms. Salazar added that she would be constructing a fence to the rear of her back yard for the protection and safety of children in the neighborhood. Council Member Nelson asked where the fence would be placed. Ms. Salazar stated she lives on a corner lot. She noted all sides of the rear lot would be fenced with a six- foot cedar fence. Council Member Nelson asked about the dog's obedience school. Ms. Salazar stated Dakota graduated an eight-week obedience school program and will be going on through additional training. She indicated Dakota was a German Shepherd. Barry Brainard, Captain of Revoir Street Neighborhood Watch, noted he was present with the police report and the definition of a potentially dangerous dog. Mr. Brainard read through the potentially dangerous dog ordinance under State Statutes. He indicated the police report of May 25,2000, stated the definition of Dakota qualifies as a potentially dangerous dog because he was pursuing the children in the area. Mr. Brainard stated that he does not feel these dogs need to be disposed of, but indicated the children in the area need to be protected. He stated the neighbors are looking for an enclosure of the yard to protect the nearby children. Mr. Brainard explained neighbors in the area are willing to assist in placing a fence around the back yard. Mr. Salazar stated he understands there are a great number of children in the area and asks that the children respect his pet as well. He indicated the need for a fence and stated he had no problem placing this in his backyard for the protection of neighboring children and his animals. Council Member Nelson asked if Mr. or Ms. Salazar felt these animals were potentially dangerous. Ms. Salazar stated she felt neither of the dogs (Nakita or Dakota) were dangerous, but that they were puppies. Mr. Salazar noted the training they were receiving at this time has calmed both pets. Mr. Salazar indicated that he feels his neighbors are alienating him because he has not heard of any of these concerns from the neighbors first hand, but instead, have heard from the police. He indicated his pets are no longer left in a temporary kennel for great lengths of time. Mr. Salazar noted the dogs are only let out one at a time to relieve themselves and then are brought back into the home. Mayor Wilharber asked if Dakota has been neutered. Ms. Salazar noted he had not been and stated he would be neutered as soon as the vet allows. Chief Heckman reviewed the State Statute in regards to potentially dangerous. He stated that Council needs to address this issue due to the fact that the animals may become a liability to the City if they harm residents and/or pedestrians. Council Member Nelson questioned the police report from May 25, 2000, and asked the officer to explain if the pet was quarantined for 10 days. Ms. Salazar stated Dakota was quarantined for 10 days at her home where he was observed at all times. 2 Officer Parks explained he received a call on June 18, 2000, that the dogs were swimming in a nearby pond. He indicated he whistled at the dogs and both came running towards him and that he did not feel threatened. Officer Parks stated he made his way to the front door as the dogs walked closely together to the front door. He indicated this was a sign ofthe "pack" mentality in dogs ofthis breed. Officer Parks stated the dogs were friendly to him while he was in the home but noted the temporary fencing for the pets was poorly constructed, as the wiring was bent and had holes. He indicated the dogs did leave the home while he was there and approached a jogger. Officer Parks noted Ms. Salazar called the dogs and stated both came running back to the home. Ms. Salazar noted her dogs have completed obedience training and should not be viewed as a potentially dangerous. Chief Heckman stated this may be the case, but Council still has the final determination as to how the animal is treated for the safety ofthe public. Mayor Wilharber asked if the City were to declare both dogs (Nakita and Dakota) were potentially dangerous, would they retain this designation their entire lives. Mr. Hoeft stated this was the case. Mayor Wilharber asked if the City was not to declare both dogs (Nakita and Dakota) potentially dangerous, would the City be liable for future incidents. Mr. Hoeft stated if the behavior of the animals is found to be potentially dangerous and the Council disregards the incidents the City would be liable. Council needs to take into consideration public safety. Council Member Nelson questions whether a decisions needed to be made at this time or suos"4u"m lO Ul" puou" n"anng. lV1r. no"lt SlaleO Louncu WOUlU not maKe a decision until after the public hearing was closed. Ray DeVine, 1837 Revoir, noted the owners have taken good care of the animals since the incident. He stated both parties have a valid concern and stated he felt this would be a difficult decision for the Council to make. Council Member Nelson asked if Dakota's shots were up to date. Ms. Salazar stated they were. Mr. March asked if the neighbors would feel comfortable with the six-foot fence or if this would still be unacceptable. Mr. Brainard stated he felt both dogs were potentially dangerous due to the fact they travel in a "pack". He added he felt a six-foot fence may not be enough to contain the animals as German Shepherd's could jump a six-foot fence if provoked. Mr. DeVine stated he would also be in favor of the six-foot fence for the safety of the children in the area. 3 Council Member Nelson asked Mr. Brainard if he would be comfortable with a kennel in the backyard that met City specifications. Mr. Brainard noted he would be comfortable with this. Mayor Wilharber asked why the fencing has not been completed. Ms. Salazar stated this was due to financing and the fact contractors have not returned their telephone calls for estimates. Molly Nelson, 1864 Revoir Street, noted the child that got bit came to her house following the incident. She indicated the Salazar's have taken excellent care of the animals since the incident. She explained she felt the six-foot fence would be adequate for the protection of the children in the neighborhood. Mayor Wilharber asked when the fence would be completed. Mr. Salazar stated he is hoping to have this completed by the end of the month along with a sprinkler system and sod. Officer Parks indicated if the dogs are diggers, they might dig their way under the fence. He indicated he does not want the neighborhood to have a false sense of security if a fence is put up. Officer Parks stated the obedience training might assist in dealing with the dogs in the home but not while outside of the home. Motion bv Council Member Nelson. seconded bv Council Member Sweenev to close the public hearinl!: at 6:50 p.m. All in favor. Motion carried unanimouslv. IV. APPEARANCES/AWARDS 2001 Fete des Lacs Celebration - Rav DeVine Ray DeVine reviewed that a telephone poll was conducted and found that the carnival was Important tor the year LOO I Fete des Lacs Celebratlon. He stated the committee members felt the carnival was a huge success and noted that if the canival's continued appearance was council's intention, arrangements needed to be made as soon as possible. Mr. DeVine reported that the current Fete des Lacs Celebration dates conflict with neighboring celebrations and carnival promoters schedules and wanted to ascertain if Council would consider modifying the dates of the Celebration. Mr. DeVine stated the committee formed for the year 2000 Celebration was set for one year informally. He indicated the structure would be more formal for the year 200 I Celebration. Mr. DeVine invited all residents interested in attending the next committee meeting on August 17, 2000, to wrap up the year 2000 ties and begin working on the Celebration plans for 2001. Mayor Wilharber questioned the weekend the celebration would be proposed to move to. Mr. DeVine indicated he was uncertain of the dates, and stated it would be determined greatly by the carnival dates available. Council Member Nelson questioned why a decision was needed so soon for next year. Mr. DeVine noted the carnival operators are booked for next year already and stated if 4 the committee began working now, they would have the option to move the Celebration to another weekend allowing booking of a carnival. Council Member Sweeney stated he would not be in favor of moving the City Celebration to the 4th of July because many people are out of town. Mr. March noted if the Council was in favor of allowing the Celebration to change, it would allow the Committee to contact and book a carnival with greater flexibility. Mr. DeVine noted he would appreciate this flexibility for the Celebration to keep the community involved. Council Member Nelson stated she would be in favor of this flexibility in changing the date and indicated the last weekend in June would be fine. Council Member Travis concurred and stated the celebration was a success this year with the carnival. Mayor Wilharber stated he felt the Committee should be able to arrange the date as long as it does not conflict with neighboring cities. He indicated he felt the carnival was a "draw" and noted he would like to have the Celebration continue to grow. Mayor Wilharber thanked all the volunteers that contributed to the Celebration. He noted the Celebration was a "great success". V. CONSIDERATION OF MINUTES Julv 26. 2000. Council Meeting Minutes Motion bv Council Member Nelson. seconded bv Council Member Sweenev to approve the Julv 26. 2000. Council meetin!! minutes as amended on pal/e seven. para!!raph ei!!ht chan!!in!! the Citv of Circle Pines to the City of Lexin!!ton and on pa!!e eil/ht removin!! "Council Member Sweenev seconded the motion" within the ~. . --, ~ -. - ............. ....V...Vh. ......... ..... ......,........ '-'.&v.......... ..._....,,~...... .......l....l...l...lJ.vu.,.,. VI. PAYMENT OF CLAIMS The City ofCenterville July 27.2000. through August 9.2000 Motion bv Council Member Nelson. seconded bv Council Member Sweenev to approve the expenditures for the Citv from Julv 27. 2000. through Au!!ust 9 2000. All in favor. Motion carried unanimouslv. Centennial Fire District Expenses Motion bv Council Member Sweenev. seconded bv Council Member Nelson to approve the Centennial Fire District expenditures in the amount of $6.028.93. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Wavne LeBlanc Letter Mayor Wilharber reviewed a letter from Mr. LeBlanc as to the disappearance of the Grey Heron from the area. 5 Mayor Wilharber noted an additional letter was sent regarding the June 17-18,2000 sewage spill in Hugo. He indicated he felt this should be reviewed by the City Engineer and brought back to the Council. Council Member Sweeney explained the Parks and Recreation Commission was disturbed about finding this information second-hand in a local newspaper and not from the City of Hugo. He indicated 10,000 gallons of raw sewage was drained into Peltier Lake that was not contained. Council Member Sweeney stated there was no notification and no clean-up on their behalf. Mayor Wilharber asked if the City of Centerville has an order of clean-up if this were to occur. Paul Palzer indicated he felt the ml\iority of this spill was contained and cleaned up by the City of Hugo. Mr. March stated he contacted several people at Met Council and the Watershed District to gather information on this spill. He indicated the State Duty Officer must be contacted for all spills over five (5) gallons. Mr. March stated the State Duty Officer was aware of the spill and that nine (9) out of ten (10) were inspected. He noted the Met Council has been fined if clean-ups are not completed or if notification was not adequately made. Mayor Wilharber indicated he was concerned for the situation and noted the City of Hugo should be responsible for contacting neighboring communities. Council Member Sweeney and Council Member Nelson concurred. Council Member Sweeney questioned if Met Council could be held accountable for contacting the neighboring communities involved with the implications of the spill. Mr. March stated he would be speaking with a State Duty Officer about this issue in further detail to see if contamination was made into the creek. He explained if contamination was found, the legislation would need to change the mandate of calls made to the neighboring communities. Council Member Nelson asked that a report be made to the Council at their next meeting. Eagle Pass Townhome Association Mayor Wilharber noted the street sweeping within the Eagle Pass Development was still a concern. He stated the Homeowner's Association was not happy with the construction debris in the area. Mr. March stated the storm grates have been cleaned and a hole has been patched in the street within the development. He stated the Developer is now interested in platting the outlots and he indicated the Developer has been notified of the concerns from the Homeowner's Association. He indicated this development has not filled out as soon as the developer thought. Council Member Sweeney noted the subdivision does not have silt fencing which creates part of the problem for the street cleaning. Mr. March concurred and noted all 6 new subdivisions were provided with silt fences. He suggested several options for quicker, cleaner drainage for future developments for the Council to discuss. Mr. March stated a curb cut option could also be discussed for the City of Centerville to allow for smoother lines from the street to the driveway. Mr. March asked if the Council would be in favor of considering this grinding option. Mr. Peterson noted the surmountable curb could be improved with the stand up curb with the mud run off. Council Member Travis stated he was in favor of this, but noted the grinder used for the driveways could be a problem not always providing a smooth cut. Council Member Broussard Vickers questioned whether a Developer could be stopped or not used for future developments if City specifications were not being met. Mr. March noted time lines are going to be set from now on and stated he could not stop them from developing. He indicated Developers would be held to City Code. Mr. March noted the City was responsible for cleaning the catch basins within developments and noted the Public Works Department would need to keep up with this in the future. Council Member Sweeney noted the Parkview Trail placement within the development and stated that it was placed without base as recommended by the City. Mr. Palzer stated the Parkview Trail was damaged by an unidentified vehicle, but it does have a six-inch base with two inches of asphalt. He noted this was acceptable to City Trail Standards. Council Member Sweeney indicated he would like to have a City Wide Specification made for all new trails. Council Member Nelson concurred and asked that the City Engineer draft language for setting these specifications. Mr. Palzer indicated the City does have specifications at this time and noted these specifications have been used for Hunter's Crossing. Mayor Wilharber asked that the City Engineer review this issue and report back to the Council at the next meeting. VIII. UNFINISHED BUSINESS Hunter's Crossing Ditch - Tabled Julv 26. 2000 Mayor Wilharber asked for a review of this issue. Mr. Hoeft noted he had not heard from the Title Company, but noted Mr. March received a letter on August 8, 2000, regarding the quick claim deeds for Hunter's Crossing. He stated he would contact the Title Company and report back to the Council at their next meeting. Motion by Council Member Sweenev. seconded bv Council Member Nelson to table the Hunter's Crossing Ditch discussion to the AUl!:ust 23. 2000 meetinll. All in favor. Motion carried unanimouslv. 7 l_ _ _ Salazar Potentially Dangerous Dog Council Member Sweeney stated he has grown up with dogs for his entire life and noted he felt the dogs' actions were the actions of a large puppy. He indicated he does not want to punish the owners of these dogs because they have made great efforts to improve the situation. Council Member Sweeney stated he felt the six-foot fence would be adequate and should deter the Council from declaring the dog or dogs as being potentially dangerous. Council Member Nelson noted she felt Dakota was potentially dangerous and stated he was not immunized for rabies until eight months old. She indicated the dog was not recorded with the City of Centerville and that the temporary fence they have was not constructed properly to contain the animals. Council Member Nelson felt some action needed to be taken by Council to make sure the owners are held accountable for the animals and the protection of neighboring residents. She stated an electrical fence may be a good option at the top and bottom of the wooden fence. Council Member Travis concurred with Council Member Nelson stating that the owners need to be held accountable and responsible for their animals behavior. He indicated he would hate to see the dogs get out and hurt or scare someone in the neighborhood. Council Member Broussard Vickers indicated she was concerned with the lack of responsibility of the owners getting the animals vaccinated late and not licensed with the City. She stated she was also concerned with the animals getting out twice. Council Member Broussard Vickers noted the dogs are located on a busy comer with many children who may not respect and understand the animals. She noted she had no problem with declaring the dogs potentially dangerous. Council Member Broussard Vickers noted she would like to see the owners be responsible for an enclosed kennel, muzzle the dogs while being walked, and increased public liability insurance. She indicated the six-foot fence would be at the option of the homeowners at this time. Council Member Broussard Vickers stated some of the actions of the animals could be puppy playfulness, however, the owners need to be held accountable. Mayor Wi/harber indicated all dogs have an extremely unique personality. He stated the owners have not been actively seeking a fence until recently. Mayor Wilharber noted he was in favor of the proper enclosed kennel as described in the Ordinance but suggested the size be increased to allow for both animals to be placed within the kennel. Mayor Wilharber explained he felt the Council had to do something and do it now. He felt it was the responsibility of the Council to protect the neighboring properties and their residents. Council Member Nelson questioned if both dogs could be declared potentially dangerous or if only Dakota could be. Mr. Hoeft noted the dog owners did not understand what they were getting into with two German Shepherd house dogs. He 8 indicated the Police handled the matter with the utmost care and stated both dogs could be declared potentially dangerous dogs. Mr. Hoeft stated this determination could be made at this time or tabled to allow the property owners time to meet the Ordinance specifications. Mr. Hoeft indicated because there was a dog bite, there should be some concern on the Council's part. Council Member Broussard Vickers questioned if the animals were not declared potentially dangerous, if the City could enforce the Ordinance mandates. Mr. Hoeft indicated the City would not be able to enforce the mandates until they were declared potentially dangerous. Council Member Sweeney questioned if there was a timeframe as to when the animals could be declared potentially dangerous. Mr. Hoeft stated this determination should be done quickly to get the owner's in compliance and to keep control over the animals. Council Member Nelson indicated she felt the evidence shows both animals are potentially dangerous. Council Member Broussard Vickers concurred and stated she would like to see the animals muzzled when walked. She added that she felt the pet owners have not made changes to the kenneling situation since May 25, 2000. Motion by Council Member Broussard Vickers. seconded by Council Member Travis to declare both dogs (Nakita and Dakota) potentially dane:erous dOj!s and that the owners comply with Ordinance 24.18 Subdivision 1 items A. B. and D with 32 SQuare feet of kennel space per animal. rmmril Mpmhpr Swppney ::t"kpn t},::Jt fhf' !,rnrl~m::'lti()n ::tnn o:;:nhltlnn hp O:;:f'rH~r::'ltf'n lntn to separate motions. He indicated he felt the Council does not know the entire situation behind the handling of the animals. Mayor Wilharber stated 73 days have passed since the first incident without any changes made to improve the kenneling situation. He added he felt the animals should each have 32 square feet of kennel per animal. Council Member Broussard Vickers concurred to the amendment and Council Member Travis accepted the friendly amendment. Council Member Nelson noted she felt the owners should be held to these mandates within 14 days after the date of notice is sent to the owner. Mr. Hoeft indicated this should be taken a step at a time and that the City would pass along the notice to the owners. He stated if compliance was not made, it would be forwarded come back to the Council for future discussion and action. All in favor. Motion carried 3-2. (Council Members Nelson and Sweeney opposed). 9 l IX. NEW BUSINESS Centennial Lakes Police Department Recommended Budget Mayor Wilharber asked Chief Heckman to address the Council on all changes to the budget. Chief Heckman indicated the revisions were made at the Police Commission level in response to the Council's suggestions at their last meeting. Council Member Sweeney asked if the grants declined by the Police Commission needed to be matched by the department. Chief Heckman stated the grants are supplied 100% for the first year the officer is retained and then declines gradually over several years. He indicated this would keep the officers on staff and maintained with the assistance of the Federal Government but did not have to be matched by the Police Commission. Chief Heckman explained there is grant funding available to assist in funding an additional officer until 2002. He stated the Police Commission felt it was not in their best interest, at this time, because this officer would need to be maintained after 2002. Chief Heckman indicated, at this time, this funding is uncertain after 2002 as to the projections. Council Member Sweeney questioned the Capital Improvement portion of the budget and asked if $15,000 would be sufficient. Chief Heckman stated the $15,000 would not be sufficient but would hopefully be approved. He indicated the originally amount was $50,000 but the lesser amount would be a start of the commitment in the right direction. Council Member Nelson questioned if the Centerville substation would be paid by the neighboring cities. Chief Heckman stated the City of Lexington paid for their substation in its entirety and stated this funding would be needed at one point in time either from the City of Centerville or through the budget. He indicated this was a guestimate for the improvements needed. Chief Heckman noted that after the substation was completed the Police Commission may need to consider rent expenses for the substation, as the City ofCirc1e Pines charges the Police Commission rent. Council Member Nelson asked how the Police Department made money on the sale of vehicles and equipment. Chief Heckman stated that after leased vehicles are paid off they are sold to local cab companies or interested parties. Council Member Broussard Vickers asked if the Police Commission agreed upon the formula for expenses. Chief Heckman stated the formula was agreed upon but noted Circle Pines and Lexington may need to reach a future agreement to maintain future services for future budgets. Mr. March responded to the rent for the Police Department and indicated he would not recommend the Council charge this to a facility funded by the City. He encouraged the Police Commission to place funds aside to solve the funding formula and future budget situations. 10 Chief Heckman noted this has been taken into consideration but stated this is something taken on over time. He stated a future centralized police department would be needed as well. Chief Heckman indicated this may be put on the ballot to gain funding for a central department. Motion by Council Member Nelson. seconded by Council Member Sweenev to approve the Centennial Lakes Police Department Recommend Hudeet. All in favor. Motion carried unanimously. At this time Mayor Wilharber read a letter from the City of Centerville thanking the Police Department for their efforts at the Fete des Lacs Celebration. Mayor Wilharber noted the Celebration was a huge success. He indicated the City was proud of the new vehicles and that they participated in the parade. North Metro Telecommunications 2001 Budget Council Member Sweeney noted this was a technicality item to raise the 200 I budget for North Metro Telecommunications to keep the local cable channels through the local Cable Commission. He stated a competitive franchise is now being proposed for this area. Mr. March noted he has reviewed this budget and noted the increase would not be passed along to the City, but on to the cable subscribers. Motion by Council Member Sweeney. seconded bv Council Member Nelson to approve the North Metro Telecommunications 2001 Hudeet. All in favor. Motion carried unanimouslv. Motion bv Council Member Nelson. seconded bv Council Member Sweeney to approve tbe 2001 Media Center Hudl!et and Increase in the PEG Fee to $2.30/month. All in favor. Motion carried unanimouslv. Hunter's Crossing Issuance of Bond a. Resolution Setting Sale Date Motion bv Council Member Sweeney. seconded bv Council Member Nelson to approve Resolution 00-13 reeardine the Sale of Honds in the amount of $650.000 to be dated October 1. 2000. All in favor. Motion carried unanimouslv. b. Reimbursement Resolution Council Member Broussard Vickers asked for an overview of this item. George Eilertson, Juran and Moody stated a call date would be set for this bond issuance if the funding was met prior to the sale ofthe bonds. He noted this could save the City some funds and lessen the term of the debt. Motion bv Council Member Sweeney. seconded bv Council Member Nelson to approve Resolution 00-14 for a Reimbursement Resolution. All in favor. Motion carried unanimously. 11 c. Resolution Ordering Improvements Motion bv Council Member Sweeney. seconded bv Council Member Nelson to approve Resolution 00-15 re!!ardin!! Orderinll Improvements for Hunter's Crossin!!. All in favor. Motion carried unanimously. d. Financial Advisor Contract Motion bv Council Member Nelson. seconded by Council Member Sweeney to approve the Financial Advisor Contract with Juran and Moodv. All in favor. Motion carried unanimously. e. Cash Flow Analysis Mr. Eilertson noted this was an informational item for the Council to review and make comments on. Anoka County Bike Trail Screening Reauest Council Member Sweeney noted this was discussed by the Parks and Recreation Commission at their last meeting. He stated this request is actually being made by Lino Lakes residents. Council Member Sweeney indicated this stems from a bike trail that was connected to a Lino Lakes trail from LaMotte Park. Council Member Broussard Vickers questioned if the City of Centerville's trail connection was in the Comprehensive Plan for the City of Lino Lakes. Mr. March stated he was uncertain of this but stated he was unaware of the connection. Council Member Sweeney noted the City of Lino Lakes was asking the City of Centerville to pay 50% of the fencing and landscaping for the residents in Lino Lakes that abut this trail. He recommended that this item be denied as discussed and recommended by the Parks and Recreation Commission. Mr. March noted he has been involved with the discussions with Lino Lakes before this trail was completed. He indicated at no time did the City agree to fund 50% of this proposed screening and/or fencing. Mr. March stated the City of Lino Lakes should be responsible for funding the screening. Mayor Wilharber concurred with the City Administrator on this item and stated that the City of Lino Lakes should be responsible. Motion bv Mavor Wilharber. seconded bv Council Member Sweeney to draft a letter to John Vondelinde statin!! the City ofCenterville declines pavin!! 50% of the request for screenin!! and/or fencine. All in favor. Motion carried unanimously. 12 Vehicle Reolacement Public WorksfEagle Trucking: Shoo Area Cleanup Mr. Palzer reviewed the quotes for replacement of the 1997 Ford Truck with a 2001 model and the 1993 black Ranger with a 1996-1997 model. He suggested the Council work with Northland Associates as they have been positive in the past. Mr. Palzer questioned if the Council would be in favor of a color scheme for the City. Mayor Wilharber stated he would be in favor of blue trucks for future purchases. The Council concurred. Mr. Palzer asked if the Council would approve the pressure cleaning of the new Public Works building. He noted Safety-Kleen could perform this work for around $3,000. Mayor Wilharber asked if funding was available for the cleaning. Mr. Palzer indicated the funding availability. Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the truck replacement and public work buildinll c1eanin!!:. All in favor. Motion carried unanimouslv. Consideration of Amendin!!: St. Genevieve's Temoorary Gambling License to include a paddlewheel activity Motion by Council Member Sweeney. seconded by Council Member Nelson to approve amendinl: St. Genevieve's Temporary Gambline License to include a paddlewheel activitv. All in favor. Motion carried unanimously. Storm Sewer Realignment Mr. March noted the realignment of the storm sewer calls for review from the City Engineer and approval from the Council. Motion bv Council Member Nelson. seconded bv Council Member Broussard Vickers to approve this reali!!Ument per the City Engineer's approval of the plan. Motion withdrawn. Council Member Travis noted he would like to see more infoffilation on this item before it was approved. Mr. Peterson stated he would review this item and report back to the Council. Motion by Council Member Sweeney. seconded by Council Member Nelson to table this item for discussion at the next meetin!!:. All in favor. Motion carried unanimously. Eagle Truck Closing Mr. March noted Mr. Hubers stated the shop area would be available on August 15, 2000, but that the entire site would not be available for an additional three weeks. He indicated Mr. Hubers is willing to pay the second half of the property taxes for this site and would be leaving a storage unit on site for the City to use. 13 L Motion by Council Member Nelson. seconded bv Council Member Sweeney to approve the Ea!!le Truck Closin!! request from Mr. Hubers. All in favor. Motion carried unanimously. Saddle Stillwater Dead Broke Club Gambling License Request Mr. March suggested using the gambling funds for a monument sign within the City. He noted the funds could be placed into an account for future investment as well. Motion bv Council Member Sweeney. seconded bv Council Member Travis to approve the Saddle Stillwater Dead Broke Club Gamblin!! License Request. All in favor. Motion carried unanimouslv. Motion by Council Member Sweenev. seconded by Council Member Nelson to approve a monument si~n for Citv of Centerville and proceeds from !!amblinl? funds provided bv Saddle Stillwater Dead Broke Club be used to finance this item. All in favor. Motion carried unanimously. Appoint New Members for the Park and Recreation Commission Motion by Council Member Sweenev. seconded bv Council Member Nelson to accept the recommendation of the Parks and Recreation Commission and appoint members Ted Peterson and Brian Walter. All in favor. Motion carried unanimouslv. Weed Control Mayor Wilharber stated a letter would be sent to all those in violation of the weed control ordinance. Motion bv Council Member Sweeney. seconded by Council Member Nelson to advise staff to send letters to those in violation of the weed control ordinance. All in favor. Motion carried. (Council Member Travis abstained) X. CONSENT AGENDA Appointment of Election Judges Motion by Council Member Sweeney. seconded by Council Member Travis to approve the appointment of Election Jud!!es as presented. All in favor. Motion carried unanimously. Xl. COMMITTEE REPORTS . Mayor Wilharber stated there would be a Police Commission meeting on August 10, 2000, at 7:00 p.m. where they will swear in a new Corporal and recognize Nick Miller as a full-time officer rather than Community Service Officer. He asked that the Council look back at the goals for year 2000 at the next meeting. 14 . Council Member Sweeney stated the Parks and Recreation Commission members took a road trip to St. Cloud to observe their BMX track. He indicated the Council would be seeing a recommendation in the near future. . Council Member Broussard Vickers noted the Planning Commission discussed Ordinance #4 and came to the consensus of thirty-five (35) feet and two recreational vehicles per residential lot. She indicated there were no additional significant changes to the Ordinance at that time and should be back to the Council for action at their next meeting. XII. ADMINISTRATOR'S REPORT Mr. March indicated he would have a 2001 proposed budget at the next meeting and would like to have two workshop meetings at the end of August to review the budget in further detail. He noted long-range, capital items would need to be discussed as well. Mr. March noted the livable communities grants met last week and noted the City of Centerville's grant was moved forward for planning grants. He indicated this would give the City a positive placement for funding in the year 2001. Mr. March indicated the Trio Inn had an alleged liquor sale to a minor. Mr. Hoeft concurred that there was a case against an employee of the Trio Inn. He explained the Police Department handled this case properly but that the individual was found not guilty. He noted the judge stated the jury did not want to make a difficult decision. Mr. Hoeft stated the Council could make a civil case against the Trio Inn at this time if they felt it was necessary. He noted the BCA could be brought into this to have a sample tested to receive a determination that would be backed in a court of law. Mr. Hoeft indicated the employee at the Trio Inn would now be carding individuals after the scrutiny this employee endured. Mr. Hoeft noted all future violations would be handled and tested by the BCA to ensure foolproof cases. Mr. March noted the owner of the Trio Inn stated they are not in the market of selling to minors. He indicated the Council could pursue this issue further and asked for comments from the Council. Council Member Sweeney indicated he would not like to pursue this issue further. Council Member Travis concurred. Council Member Nelson stated she felt the youth are the responsibility of the community. She asked that a letter be drafted to the Trio Inn that this Council has no tolerance for this issue. Mayor Wilharber noted he felt the bar owners were very concerned about not serving to minors. He indicated the owner did come in to talk with the City Administrator and the Chief of Police. Mayor Wilharber indicated this case has grabbed their attention and noted there is no question of the law at this time. 15 L_ _ _ _ Motion by Mavor Wilharber. seconded by Council Member Travis to dron the issue with Trio Inn at this time and not Dursue a civil case. All in favor. Motion carried. (Council Member Nelson oDDosed)' Storm Water Ponds - Brian Wav Mr. March noted there is some concern for the storm water ponds within the City. He indicated a fund has been set up for future maintenance of these ponds. Mr. March encouraged the Council to establish a timeline and proposal for the maintenance of each pond and ditch within the City. Council Member Sweeney felt this was much needed within the City. The Council concurred. Mr. Peterson stated he would devise a maintenance schedule for the City to prioritize the ponds and fees predicted. Motion bv Council Member Sweeney. seconded bv Council Member Broussard Vickers. to direct staff to develop a Dond study with a maintenance schedule and fees for the City ofCenterville. All in favor. Motion carried unanimously. XIII. ADJOURNMENT Motion bv Council Member Sweeney. seconded by Council Member Travis to adjourn the August 9. 2000. Council Meeane: at 9:50 D.m. All in favor. Motion carried unanimously. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. 16 , NOT APPROVED CENTERVILLE ECONOMIC DEVELOPMENT COMMITTEE MEETING MINUTES AUGUST 15,2000 Pursuant to due call and notice thereof, the Centerville Economic Development Committee held their regularly scheduled meeting on August 15,2000 at City Hall, 1880 Main Street. Present: Chairperson Tim Rehbine Committee Member Lori Dom Committee Member Mary Capra Committee Member Michelle Moser Committee Member Betsy Scheller Absent: Committee Member John Magill r-..~,.~__~~:......_~ II ,,_.....1.. u_ T"___1 '1\ if._ ..'_=.. '-- ....."-.u......~....._ ~..-'-......H........"- ~ _~"- d.........~.....~.. Committee Member Dick Travis (Council liaison) Staff: Kris Sweeney CALL TO ORDER Chairperson Tim Rehbine called the meeting to order at approximately 7: 1 0 p.m. APPROVAL OF MINUTES July 18, 2000, Economic Development Committee Meeting Minutes Motion bv Ms. Scheller. seconded by Ms. Dom to approve the Julv 18. 2000. Economic Development Committee Meeting Minutes. All in favor. Motion carried unanimously. APPEARANCES Paul Steffel and Jordan Savageau from Farmers Insurance Group were invited to attend the Economic Development Committee Meeting by Jim March. They were interested in receiving information regarding the projection of growth in Centerville, Lino Lakes, and Hugo. Some of their concerns were traffic and the safety of the downtown area Ms. Scheller asked Mr. Steffel and Mr. Savageau how EDC could help them with their business. It was suggested by one of the committee members that EDC could put a little history about the new and current businesses in the Le Journal. Ms. Capra stated that businesses could advertise in the church bulletin. NOT APPROVED Mr. Steffel felt that a professional look to the downtown area similar to Stillwater or White Bear Lake would assist in attracting additional businesses. Ms. Scheller stated that we are still in the planning stages of the downtown revitalization and are open for suggestions. Ms. Scheller discussed making sure that all new businesses get an infonnational packet, and the committee should send out a thank you note to Mr. Steffel and Mr. Savageau for attending the EDC meeting. UNFINISHED BUSINESS Design Team - "Ideas in Action" Historical Markers - Ms. Capra brought in a picture of a historical marker located at a church in Michigan, and discussed how it was going to be paid for; a fund raiser was suggested. It was discussed where they were going to put a marker. Ms. Capra suggested St. Genevieve's Church. Ms. Capra stated that she knew ofa family that would be willing to donate the money for a historical sign for S1. Genevieve's Church. She mentioned that there was a state office for historical markers in the State ofMN. She also was going to check into which companies make historical markers. Ms. Capra was going to approach the church after receiving this infonnation on the historical sign. Downtown Revitalization Ms. Capra discussed briefly the Livable Communities Demonstration Account Grant. It was bumped from the development stage, but moved to the planning stage and that the city doesn't have to send in a new application for this grant. Winter Activity Mr. Rehbine commented that Mr. Montain was going to try to contact other downtown business owners. Ms. Scheller and Mr. Rehbine felt that this item should be taken care of by the businesses themselves. Ms. Scheller will contact the Wargo Nature Center to obtain a winter activities guide. Ms. Capra suggested that there should be an appreciation for the business owner in the winter - cookies, bars, and coffee after the holidays. Welcome Neighbor Packets Ms. Scheller mentioned that she would be willing to go to the doors of new businesses and welcome them to CentervilJe and hand them a packet of infonnation on the area. NOT APPROVED Ms. Dorn asked ifR & K Catering received an informational packet. She also suggested giving Embers a welcome packet even though they are in Lino Lakes. Ms. Scheller offered to bring it to Embers. Mr. Rehbine suggested that the EDC Committee follow-up on new businesses and make sure that they receive the informational packets and a welcome gift. Citv Merchandise Ms. Dorn mentioned that there was only one (1) sweatshirt sold during the City Festival. It was felt that the merchandise needed to he more visible at the City Festival. Ms. Scheller mentioned that maybe a 10% off coupon could be issued to new businesses to entice new clients and promote economic development promotional merchandise. Ordinance #4 Update Ordinance #4 was discussed briefly. NEW BUSINESS Mr. Rehbine wrote a letter to all the Centerville Business Owners. This was discussed and suggested that the letter should have been brought before the committee prior to the letter being sent out. Mr. Rehbine received a letter from Council Member Nelson that stated how she was disappointed in the way the letter was represented. ADJOURNMENT Motion bv Ms. Dom. seconded bv Ms. Moser to adiourn the AUl!:ust 15. 2000. EDC Meetin2. All in favor. Motion carried unanimously. Meeting adjourned at approximately 8:45 p.rn. Respectfully submitted: Kris Sweeney City Staff . PARKS AND RECREATION COMMITTEE MEETING MINUTES NOT APPROVED August 7, 2000 Pursuant to due call and notice thereof, the Parks and Recreation Committee of the City of Centerville held their regularly scheduled meeting on August 7, 2000 at City Hall, 1880 Main Street. Chairperson Doug Porter called the meeting to order at 6:35 p.m. Present: Chairperson Doug Porter Karla DeVine Wayne LeBlanc Council Member Terry Sweeney (liaison) Absent: Staff: Jill Lien Residents: Tedd Peterson - 6933 Pheasant Lane Keith Okan - 1841 Center Street Brian Walter - 1855 Quebec Street APPEARANCES Tedd Peterson (6933 Pheasant Lane), Keith Okan (1841 Center Street) and Brian Walter (1855 Quebec Street) all appeared before the Parks and Recreation Committee to express their interests in becoming members of the Parks and Recreation Committee. Each candidate met individually with the Parks and Recreation Committee for a brief, informal, question and answer interview. Each candidate was given the opportunity to e><press their desires, concerns and goals for thc future development of the parks and recreational activities in Centerville. CONSIDERA nON OF MINUTES Julv 5. 2000 Parks and Recreation Committee Meeting Minutes Motion by Ms. DeVine, seconded by Mr. LeBlanc to approve the July 5, 2000 Parks and Recreation Committee Meeting Minutes. All in favor. Motion carried unanimously. 1 1- . OLD BUSINESS Goals Ms. Lien explained that she included this on the agenda once again for anyone who would like to update the committee on any of their goals. Trees: Mr. Porter explained that as mentioned at the previous meeting, the City would obtain a much better deal if they ordered trees in conjunction with Mr. Goetz of Goetz Landscape & Irrigation. Mr. Goetz is waiting on Mr. Porter to submit a tree selection so he can place the order. The committee elected at this point to table the goals and "re-visit" at the September meeting. Each member will update the committee on the status of their goals from beginning to date, along with the status of their respective budgets. Trail MaDS to City EIlI!ineer Ms. Lien explained the Mr. SchIuender (City Engineer) had dropped off a copy of the proposed trail map requested by the Parks and Recreation Committee. The map indicated existing paved trails, existing sidewalks and future trails. Mr. SchuIender requested the Parks and Recreation Committee look over the proposed map, make any changes, corrections or additions, and they will make the updates before any final copies are made. Ms. Lien had already indicated the committee wanted to have the parks shaded in green. Tlv' r"mm;ttf'f' rf'v;pwf'fl ~nn n;"'''''f'fl 'f'ver~l "ntinn, related tn the nro!losed trail mao. and decided to table the discussion until the September meeting. Mr. LeBlanc took the opportunity to distribute a copy of Anoka County's Trail ~pecll!catlons. 1JlScusslon emaueo reiarea to Wlalll 01 traus, ana the IOllowmg motion was made: Motion by Mr. LeBlanc, seconded by Mr. Porter to recommend to City Council to adopt/add Anoka County's Trail Standard Specifications with a 10' standard width. After further discussion, the motion was amended as follows: Motion by Mr. LeBlanc, seconded by Mr. Porter to recommend to City Council to adopt/add Anoka County's Trail Standard Specifications with a varying width, subject to Parks and Recreation's approval, per individual development. All in favor. Motion carried unanimously. Mr. LeBlanc will be contacting Barry BeTT1Stein, Recreation Program Supervisor, for the City ofLino Lakes to find out the status ofthe "Sport Complex" and report back at the September meeting. 2 Letter of Understanding for Future Trails Mr. LeBlanc explained he is still coordinating a meeting with the surrounding communities, Met Council, Anoka County, etc. to discuss the trail system. He is trying to coordinate the meeting for sometime in August. He will contact each of the Parks and Recreation members and City Hall with the details. BMX Track Ms. DeVine distributed information from Pineview Park BMX in St. Cloud, Minnesota. She has set up a tour for August 9, 2000. Mr. Porter, Mr. LeBlanc and Ms. DeVine will be leaving Centerville at approximately 5:45 p.m. for St. Cloud. They will give the committee an update at the September meeting. Landscaoing (Remainim! Park Signs) Ms. DeVine explained that she had been in contact with Pete Lawrence, Consultant for Goetz Landscape & Irrigation. Mr. Lawrence submitted a revised quote of$3,018. compared to his original bid of$7,830 for landscaping around the two (2) memorial park signs. This quote is based on a somewhat smaller design than the original one submitted. Ms. DeVine explained it would have been impossible to have the sign completed before the Fete des Lacs Festival. Motion by Mr. Porter, seconded by Mr. LeBlanc to accept the new arrangement and bid as proposed by Ms. DeVine for landscaping around the two (2) memorial park signs, by Goetz Landscape & Irrigation. All in favor. Motion carried unanimously. ~,f<:, T)p'T-inp -.;ut111u....rl"lof"" tho r>,..,....,,......itt"'p r.n tJ..,p <,t<:lhlC" ......fthp bnrJ~('~n-il1O" ~t tnp ~f'ntpmhf'r ___ _ _ . ___ _'U. -'r-a.- .___ - __ - - .. ...... .. meeting. Purchase of Sanitation Units Tabled Eag.le Park Sanitation Unit !vIr. Peterson (Public Works) explained that he had conlacted On-Site Sanitation regarding the length of the hose used to maintain the satellite. He was informed that the hose used is 15 feet in length. There is a 30-foot extension, but there isn't any suction with the 30-foot extension. Therefore, the hose will not be able to reach the suggested areas. In addition, the trail that was installed at Eagle Park doesn't have any type of undercore, such as class five. No trucks can drive on the trail, or there will be permanent damage. The satellite has to stay where it is currently located. Mr. Okan requested a wall or barrier be constructed behind the unit for odor purposes. 3 l _ > Mr. Porter will contact Mr. Palzer regarding the current contract with On-Site Sanitation and about constructing a walllbarrier behind the unit, and report back to the committee at the September meeting. NEW BUSINESS Letter from Eagle Pass Townhome Association Ms. Lien explained a letter and photos that had been submitted by the Eagle Pass Townhome Association addressing their concerns within the development. The main concern involving the Parks and Recreation Committee is the "sport pad" and the condition of the turf (weeds) at Eagle Park. Motion by Mr. Porter, seconded by Ms. DeVine to recommend to City Council that no further development occur in the Eagle Pass Townhome Development until Eagle Park is complete with stump removal, tennis court and trail brought up to standard specifications. All in favor. Motion carried unanimously. Mr. Porter would like to be included in any meetings (if any) with the Eagle Pass Townhome Association. Rice Creek Chain of Lakes Park Reserve - Pedestrian / Bicvcle Trail Ms. Lien explained a letter received from John VonDelinde, Anoka County Parks Director, requesting compensation for fencing and landscaping adjacent and just west of the trail on the water utility property. Two (2) homeowners have expressed concerns about trail users trespassing on their property. Anoka County is requesting the City of Centerville share in 50% of the costs. The total cost is $7581.93, which means ".... ,~__.~11_'_._..__......:__,__.,_,._11L &""'.........,,1'1..., 'T"'1,. ,_.1_1_._.~_.~ __oJ. ,.l"T'\._..1._~.,j '"-'1o.<J.H."-'l'iW..... ;:, PUJ.L.LVU nvuJ.u u.... -<1.../ I /v....... I. .....u..tJ HVi.J..l.U I,...\..IJjJ~ VUL Vi...l o;,.U.l.....:;, W.lU Recreations' budget. Mr. LeBlanc questioned if these properties are located on Lino Lakes property. Ifso, Lino Lakes should be the ones to "share" the costs. The committee elected to pass this on to the City ofLino Lakes. Motion hy Ms. DeVine, seconded by Mr. Porter to recommend to City Council that the City of Lino Lakes absorb the request for 50% of the costs to construct a fence and landscaping barricade for Lino Lakes residents. All in favor. Motion carried unanimously. DISCUSSION ITEMS Raw Sewage Spill Mr. LeBlanc requested discussion over the issue of the raw sewage that spilled into Clearwater Creek. Mr. LeBlanc explained that the sewage ran into Peltier Lake which acts as a catch basin, and from there, eventually into Centerville Lake and down to all of the lakes down the chain. Mr. LeBlanc shared that this has happened eight (8) times in 4 . the last 15 years, and feels there should be some type of notification to the City and residents, and some type of accountability. Mr. LeBlanc requested this be brought before the City Council. Selection of Park and Recreation Members Motion by Mr. Porter, seconded by Ms. DeVine to recommend to City Council the appointment ofTedd Peterson and Brian Walter to the two (2) vacancies on the Parks and Recreation Committee. All in favor. Motion carried unanimously. Ms. Lien is to notifY the candidates of the status of the appointments. Motion by Ms. DeVine, seconded by Mr. LeBlanc to adjourn the August 7, 2000 Parks and Recreation Committee Meeting. All in favor. Motion carried unanimously. Meeting adjourned at 8:50 p.m. Respectfully Submitted, Jill Lien Staff liaison 5 l -.l.G:!5'-' 1V.l.~ , Jim March ~ ..., -- To: Wayne LeBlanc; Theresa Brenner. Tom Peterson; Tim Rehbine; Ray Devine; Michelle Moser; Lori Dom; John McLean; Jim Hoeft; Hanna Tilsen; Brian Hanson; Patricia Scott; Elizabeth Scheller; Doug Porter; Dave Kilian; Mary Capra; Aimee Fairbrother; City Council Subject: Week in Review Week in Review Augusl18, 2000 Building Permits this Period = 3 Building Permits YTD = 120 New Homes Year to Date = 33 ********************************************************************************************** . I received a letter from Anoka County Environmental Services this week. They announced that they had received 101 well water samples sent to them from around the County during their water testing promotion. Sixteen samples were received from the City of Centerville. Ten well water samples of the total 1 01 samples were contaminated with coliform bacteria. One well exceeded the safe nitrate level for drinking water. They did not indicate if any of the contaminated wells were within the City of Centerville. They did provide information to properiy disinfect a contaminated well to those that had problems. . APT will be replacing their antennas on the watertower with new antennas. The new antennas will be in the same locations as the existing antennas, but the new receivers will be slightly smaller and lighter. The current lease allows them to change antennas at their own expense. . Curb and gutter was installed in phase /I of Center Villa this week. . Centerville has a new location for public works. The City successfully closed on the Eagle Trucking location on Tuesday morning. We will be making the complete move to the new building within the next couple weeks. · Sewer and water is being extended south from Parkview Addition to Hunter's Crossing this week. There have been some easement issues and right of way obstructions to complicate the project, but the work is proceeding at a rapid pace. The dry weather has been great for the construction projects. . The City Hall/Fire Hall and former Eagle Trucking building were inspected by a loss control specialist from Berkeley Risk Administrators this week. The buildings passed inspections. * I spoke to Greg Owens from the County Bank yesterday. They have hired a local person to be the branch manager for the facility. I will not disclose the name, because they are issuing a press release on the subject. They plan to have the mobile banking facility on location by mid-September. Greg also mentioned that the bank could possibly finance the 8/18/00 ...~--.......... , entrance monument with a 0% loan. The loan could possibly be paid back over time with f4,nds from charitable gambling proceeds or a local fund raiser. I expressed a desire to construct the monument sign in conjunction with the new building, utilizing as many of the bank subcontractors as possible. Greg indicated that he has already instructed the electricians to include in their building bid the cost for extending electrical for the new monument entrance sign. The bank is willing to pay for the electrical installation costs. I also asked if their architect Mike Kraft could use Terry Sweeney's concept sketch to create some actual specifications for the sign. Greg said that he has passed the information on to their architect and instructed him to assist with the project. The bank will be a great asset to our City and will be a welcome addition to our business community. . Congratulations to the Dorn's with their new addition to the family! Centerville's population continues to grow, . I spoke to Mike Quigley from Gor-em Development yesterday. He indicated that they would like to plat the two outlots in Eagle Pass as soon as possible. They would like to present a sketch plan to P+Z in September. Mr. Quigley indicated that he would have the streets swept and weeds mowed down in the outlots immediately. He also expressed a willingness to expand the undeveloped sport court into a full sized tennis court, I suggest this be discussed at the next park and recreation meeting, . St. Genevieve's Chicken Dinner is this weekend. Parking issues have been addressed as fully as possible. Hope to see you there. · Have a great weekend! 8/18/00 Jim March Jim March Umarch@goldengate.net] Friday, August 25, 20002:59 PM Wayne LeBlanc; Theresa Brenner; Tom Peterson; Tim Rehbine; Ray Devine; Michelle Moser; Lori Dam; John McLean; Jim Hoeft; Hanna Tilsen; Brian Hanson; Patricia Scott; Elizabeth Scheller; Doug Porter; Dave Kilian; Mary Capra; Aimee Fairbrother; Mari Nelson; Linda Broussard Vickers; Dick Travis Subject: Week in Review From: Sent: To: Week in Review August 25, 2000 Building Permits this Period = 4 Building Permits YTD = 124 New Homes Year to Date = 33 ..******************************************************************************************* . Soil borings were taken this week at the future site of the County Bank. * Filings open next week Tuesday for the Mayor's position and two Council vacancies. Filings remain open until September 12th. * There were 104 participants at the seventh annual Safety Camp. Fire Chief Milo Bennett reported that the event was a huge success again this yea'r. . The Centerville Lion's Club has announced that they will be having a September to Remember Membership Drive. The club will have an Open House at the September 14th meeting at Chauncey Barett Gardens. Three new member candidates have already filed to join the club. If you know someone that would be interested in being a member of the Lion's, please let me know. We intend to revitalize the club and undertake some important community improvement projects at the parks this next year. The Lion's Club has also discussed holding the second annual Community-Wide Bonfire in conjunction with the Haunted House in October. * From my observation, it appeared the St. Genevieve's Annual Chicken Dinner was a huge success. It was the first time that my family was able to attend the event and we had a great time and a great meal. . The owner of the Lake Area Utilities building has paid the required fees to connect his building to muncipal sewer and water. * Safety clean has completed their work to chemically wash the inside of the shop at Eagle Trucking. The interior sheet metal is now bright and white instead of sooty black. It looks great. Public works has started to move some storage boxes into the mezzanine. 911/00 Jim March To: Wayne LeBlanc; Theresa Brenner; Tom Peterson; Tim Rehbine; Ray Devine; Michelle Moser; Lori Dom; John McLean; Jim Hoeft; Hanna Tilsen; Brian Hanson; Patricia Scott; Elizabeth Scheller; Doug Porter; Dave Kilian; Mary Capra; Aimee Fairbrother; City Council Subject: Week in Review Week in Review September 1. 2000 Building Permits this Period Building Permits YTD New Homes Year to Date = 2 = 126 = 33 ************************************************************************************** . The streets in Eagle Pass have been swept and Swift construction will be cutting the weeds next week. There were several weed nuisance letters that were sent out during the last week. Most respondents have been courteous when calling to comment about their situations. . Articles have or will have appeared in both the Hugonian and Quad Press in regards to the petition relative to the dangerous off-ramps at the interchange on 1-35E. There are over 300 signatures so far on the petition. I have been in contact with the Cable Commission and they will be featuring the issue on their next episode of City Scope. . The park signs at Laurie LaMotte Memorial Park and Tracie McBride Memorial Park were landscaped this week. The landscaping looks great. Thank you to the Park and Recreation Committee volunteers that removed the old material from around the signs prior to the new installation. . An invitation has been received from the City of Lino Lakes. They are hosting a September 7th, supper meeting for the mayors and administrators of cities in the area that will be served by the Chain of Lakes YMCA. The purpose of the meeting is threefold: 1) To provide an update on the progress of the YMCA project 2) To participate in the YMCA of Greater St. Paul's Strategic Planning Review and Renew Process 3) To discuss alternatives for participation Information will be brought back and shared from this meeting. * The Centerville Lake Association is meeting on September 14th at City Hall. * City Hall will be closed on Monday in observance of Labor Day. Enjoy your holiday weekend! 9/1100