HomeMy WebLinkAboutCCAgen_08Aug27CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA August 27, 2008 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS
____ KUETTEL ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ KREUSER ____ C. PRESENTATIONS: D. APPROVAL OF MINUTES: August 13, 2008 TAB 1 E. PUBLIC HEARING: F. CONSENT AGENDA: 1. General
Disbursements through 8/21/08: $83,116.51 Payroll through 8/15/08: $20,431.27 TAB 2 2. City Licensing TAB 3 3. Human Rights Commission Grant Application TAB 4 4. Firefighter appointments
TAB 5 5. Parks and Recreation Commission appointment TAB 6 G. POLICY AGENDA: 1. Recreational Fire Code Amendment TAB 7 2. Dogs in City Parks Trial Period Discussion TAB 8 3. Dynamic
Sign Ordinance Amendment TAB 9 H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: If you have a disability and need accommodation in order to attend this meeting, please
notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at 651-792-7600. We ?We will be happy to help.
Regular Meeting of the Falcon Heights City Council Minutes of August 13, 2008 Members present: Council members Harris, Kuettel, and Long, Administrator Miller, Assistant City Administrator/Deputy
Clerk Kreuser. Members absent: Mayor Lindstrom and Council member Mercer-Taylor. In Mayor Lindstrom’s absence, Council member Kuettel acted as mayor. Council member Kuettel called the
meeting to order at 7 p.m. Presentations: Mark Doneaux and Pat Conrad from the Capital Region Watershed District presented to the council the district’s new management planning process
and asked for the city’s help in appointing a member of the Falcon Heights community to work with the district on that committee. Council member Kuettel asked if Troutbrook was akin
to having a turn back from the county on a road that was in ill repair. Doneaux chuckled and said it could be looked at like that. Kuettel asked how storm water problems are identified
along the district. Doneaux replied they used an engineering model to determine flow patterns, and that is how the district is able to come up with alternative solutions for run-off
(like rain gardens, ponds, etc.) Council member Long asked what background the volunteers should have. Doneaux replied any interested citizen could be a part of the group, but mentioned
interest in Planning Commissioners or someone with planning expertise. He stressed the district is looking for a diverse group. He added there would be three or four meetings for each
topic in the hopes of facilitating attendance. Administrator Miller said there were some grant opportunities within the district the city is hoping to secure for the parking lot project.
More information will be passed on as it becomes available. In response to Council member Kuettel, Miller added all driveways in the city are required to be impervious, but the pervious
pavement project with the parking lot will determine if it should be applied citywide. The minutes of the July 23, 2008 council meeting were approved as corrected by Council member Kuettel.
Council member Long moved to approve the corrected minutes. The motion passed unanimously. Consent Agenda: Council member Kuettel asked Assistant City Administrator/Deputy Clerk Kreuser
to explain the ballot board resolution. Kreuser stated the ballot board would meet a few days before the election to determine the absentee ballots that came in were complete, and would
be able to accept or reject them before Election Day, but no ballots would be counted beforehand. The council then read aloud the names of the election judges for 2008. Miller explained
resolution 08-09 was simply to clean up language in the statutes. Council member Harris moved to approve the consent agenda. Council member Long requested the election resolutions be
approved separately, citing his wife was a judge and he would abstain from the vote. Council member Harris moved to approve the consent agenda,
except for those resolutions, the motion passed 3-0. Council members Harris and Kuettel approved resolutions 08-07 and 08-08 with Council member Long abstaining. 1. General Disbursements
through 8/7/08: $103,484.93 Payroll through 7/31/08: $20,697.81 2. City Licensing 3. Resolutions 08-07 creating ballot board and 08-08 appointing election judges 4. Resolution Approving
Repeal of State Statutes Pertaining to Fire Department Relief Association 5. Approval of Fire Department Relief Association 2007 Audit Policy Agenda: 1. Purchase of Pedestrian Crossing
Signals Administrator Miller explained the pedestrian-activated signals would create a safer crossing for the heavily used intersection of Hamline/Garden. The initial agreement was with
Roseville to go 50/50 on the installation costs. Miller said Roseville had notified him it was not in the budget for ’08, but he said that Falcon Heights still maintained how worthwhile
the project was and was still planning to go ahead with it. He stated earlier that day Roseville had contacted him and Roseville had found the money to cover 50% and it would go to council
for approval in the next week. Miller asked the council for the full amount of $6,000 however, just in case the deal with Roseville falls through. He said the cities aim for a September
2008 installation. Council member Kuettel commented on FH Elementary’s decision to allow bikes, and noted that with all the construction detours there would be a lot of pedestrian traffic
using the signals. Council member Long moved to approve the purchase of pedestrian crossing signals. The motion passed unanimously. Information/Announcements: Council member Long thanked
the community for its support of the Ice Cream Social, thanked Tim, Lisa, Dave and the staff, the business contributions, and to the volunteers. He said fall and winter parks/rec registration
is open. September 7 is Falcon Heights Day at the U Women’s Soccer game. Residents will get free admission and kids can take part in a clinic and play at half time. Administrator Miller
announced the city banner installation had begun along Larpenteur Avenue, and will be all up for the fair that begins Aug 21. Community Forum: Bryan Olson, 1592 Roselawn, quoted the
Roseville Shopper where Council member Kuettel and Mayor Lindstrom were referenced regarding high voter turnout in Ramsey County. The councilors had stated Falcon Heights had the highest
voter turnout among Ramsey County cities. Olson cited the last city council election in 2007, where the city had a 31% turnout – lower than White Bear Lake at 43%. He said in Ramsey
County only six cities have odd-year elections, and the turnout varies widely by election. He chided the council for not explaining those comments more fully. Olson also took issue with
Falcon Heights being listed as one of the 100 Best Educated cities in the nation, pointing out that with a small population, it would surely be near the top of the list. He called it
silly. Lastly, Olson thought some of the slogan ideas were funny and pointed out some made made fun of Roseville. He said that without Roseville Falcon Heights would die due to the number
of partnerships. He said people needed to listen carefully to what people say.
Council member Kuettel adjourned the meeting at 7:48 p.m. Respectfully submitted, Stacey Kreuser Assistant City Administrator/Deputy Clerk
CONSENT F1 8/27/08 ITEM: Disbursements and Payroll SUBMITTED BY: Roland O. Olson, Finance Director REVIEWED BY: Justin Miller, City Administrator EXPLANATION: General Disbursements through
8/21/08: $83,116.51 Payroll through 8/15/08: $20,431.27 ATTACHMENTS: Credit card statement, payroll and general disbursements ACTION REQUESTED: Approval
CONSENT F2 8/27/08 ITEM: City Licenses SUBMITTED BY: Stacey Kreuser, Assistant City Administrator/Deputy Clerk EXPLANATION: The following business has applied for mechanical contractor’s
licenses for 2008. Staff has received the necessary documents for licensure. • Woodland Stoves & Fireplaces
CONSENT F3 8/27/08 ITEM: Human Rights Commission Grant Application SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: The Minnesota Department of Human Rights and the League
of Minnesota Human Rights Commissions are soliciting applications for their 2008 grant program. Up to $1,500 may be awarded to each city to fund projects that provide capacity building
to local commissions that will develop and implement civic engagement and social justice educational activities in the community. For several years, the Falcon Heights Human Rights Commission
has attempted to connect with the immigrant populations in Falcon Heights. Unfortunately, these efforts have not been as successful as we would like. This grant application asks for
$1,500 to enlist two separate consultants – one who is a specialist in the Somali culture so we can learn how to better approach this population, and another who can facilitate a strategic
planning session for the city council and human rights commission. Both of these activities will assist the human rights commission in becoming a more active and successful ambassador
for the City of Falcon Heights. One round of funding has already been approved, with many of the commissions receiving money for similar requests as ours. Because of this, we are optimistic
that the grant evaluators will be receptive to our request and fully fund it. The deadline for submittal is September 30th, and if we are not selected, staff will re-submit the application
for the December 31st deadline. We will have up to six months upon award to use the grant money, and the money will go directly to the vendors we select. ACTION REQUESTED: Staff recommends
that the Falcon Heights City Council approve an application to the Minnesota Department of Human Rights and the League of Minnesota Human Rights Commissions grant program in the amount
of $1,500.
,. .T1 Minl\E:$OlA\ l1cp.~rtl1'Vi'f1t of HUMAN RIGHTS Local Human Rights Commissions Project Grant 2008 Guidelines OUR MISSION To make Minnesota discrimination free. ot-MINN€,,s-".::,~
a 0;?-J l ..J I 3: :to ~ ~o 0~ ., oS' \,-f. ,\'IWWO~ s GRANTMAKING PRIORITIES The Minnesota Department of Human Rights (Department) and League of Minnesota Human Rights Commissions (League)
invite local human rights commission to apply for a capacity building mini-grant. Requests up to $1,500 will be accepted on a first-come-first-serve basis. The deadlines for reauests
in 2008 are June 30, September 30. and December 31. In 2008, the Local Human Rights Commission Project Grant will fund projects that provide capacity building to local commissions to
develop and implement civic engagement and social justice educational activities in the community. What Is Capacity Building? Capacity building is the development of an organization's
core skills and capabilities, such as leadership, management, finance and fundraising, programs and evaluation, in order to build the organization's effectiveness and sustainability.
Strong local human rights commissions are not possible without proactive capacity building, which can lead to strategic and fundamental changes in the commission's role in the community.
Why Did The Department Of Human Rights Choose This Focus? In 2006, the Minnesota Department of Human Rights completed a Needs Analysis survey of all local human rights commissions. This
survey was completed to better understand the local commissions' needs and to gain perspective as to why some areas of the state were not engaged in human rights activities in spite
of having a local human rights commission. Among the things we learned are that local commissions lacked staffing, received limited support from their local government sponsors and volunteer
commission members needed training, capacity building, and networking opportunities. What We Will Fund. The grant review committee, made up of representatives from the Department and
the League, seek to fund projects by local human rights commissions designed to develop the commission's ability to govern itself, increase membership, develop its organizational capacity
and sustainability, and effectively engage community members in human rights programming. An example of project elements and strategies: • Increasing the commission's ability to engage
community in public discourse of human right issues • Increasing the commission's ability to build grassroots coalitions and networks of individuals, organizations and institutions •
Improving the commission's ability to identify and train youth to become effective human rights leaders -Over-Local Human Rights Commission Project A mini-grant program for local human
rights commissions Administered by the Minnesota Department of Human Rights in collaboration with the League of Minnesota Human Rights Commissions Filename" Grant Guidelines (SeptOS)
Preference Will Be Given To Applicants With: • Projects that empower commissions to develop and implement civic engagement and social justice educational activities • Capacity building
activities that maximize participation by local human rights commissions • Projects that identify and capitalize on opportunities to leverage available resources in the community • Local
human rights commissions outside the seven-county metropolitan area Special Consideration Will Be Given To: • Local human rights commissions who have not received prior support through
this grant program. • Local human rights commission with no current operating budgets. • Collaborative projects where two or more local human rights commissions submit a joint application.
These projects may be higher than the $1,500 per commission limit. The limit on these projects will increase $1,500 for ever commission that is a part of the joint application. For example
an application submitted jointly by 4 commissions could receive a maximum award of $6,000. • Projects that accomplish part of a commission's long-term plan for its growth and development.
• Commissions that have youth members Who Can Apply Local commissions that want to use their increased capacity to provide greater service to their local communities. Grants will be
awarded to active local human rights commissions that seek to build on the assets and strengths of their members and local communities. If you have any questions or need more information,
please contact Mario A. Hernandez at 651.297.5091 or 800.657.3704. You can also send an email tomario.hernandez@state.mn.us. The Local Human Rights Commissions Project Grant Review Committee
will review grant applications. The committee is comprised of members of the Minnesota Department of Human Rights and the League of Human Rights Commissions. Each request will be evaluated
based on the strength of the proposal and the need of support. These guidelines are periodically revised to acknowledge community feedback. Local Human Rights Commission Project A mini-grant
program for local human rights commissions Administered by the Minnesota Department of Human Rights in collaboration with the League of Minnesota Human Rights Commissions Filename· Grant
Guidelines (Sept08)
.. ,. .Jf MJn ~ I")qN.'srtlTVi'<1 t of HUMAN RIGHTS Local Human Rights Commissions Proj ect Grant Recipients O~MINNS'.s' ~"~<"" OJ...l, -1 • 3: .> ~ ~o "~ "oS' \,.~ S'/WwO'J S THE MINNESOTA
DEPARTMENT OF HUMAN RIGHTS GRANT REPORT Total number of grants: 7 I August 2008 Total Funding approved: $9,810 LOCAL HUMAN RIGHTS COMMISSIONS RECEIVING GRANT AWARD AMOUNT City of Brooklyn
Park Human Rights Commission $ 1,500 Brooklyn Park, MN For strategic planning Crystal, New Hope, Golden Valley, Plymouth and Robbinsdale Human Rights Commissions (Joint Application)
$ 1,600 Crystal, MN For cross cultural communications training Duluth Human Rights Commission $ 820 Duluth, MN For strategic planning to recruit new members Edina Human Rights and Relations
Commission $ 1,500 Edina, MN For strategic planning and leadership development Hopkins Human Rights Commission $ 1,500 Hopkins, MN For leadership development Plymouth Human Rights Commission
$ 1,500 Plymouth, MN For capacity building training in coalition building and civic engagement Winona Human Rights Commission $ 1,390 Winona, MN For mediated facilitation training Local
Human Rights Commission Project A mini-grant program for local human rights commissions Administered by the Minnesota Department of Human Rights in collaboration with the League of Minnesota
Human Rights Commissions F-.m..' 0#" R_""..,n (T""...r.J
CONSENT F4 8/27/08 ITEM: Firefighter appointments SUBMITTED BY: Clem Kurhajetz, Fire Chief EXPLANATION: Rochelle Hawthorne and Jessica Adams are recommended for approval as firefighters
with the Falcon Heights Fire Department. ACTION REQUESTED: Approval
CONSENT F5 8/27/08 ITEM: Parks and Recreation Commission Appointment SUBMITTED BY: Justin Miller, City Administrator Explanation: James Brisbois is a junior at RAHS and has completed
an application to serve as a student representative on the Parks/Rec Commission. His application follows. Action Requested: Approval of James Brisbois to the Parks/Rec Commission
CITY OF FALCON HEIGHTS COMMISSION APPLICATION DATE: 1"lJ\e~'1 StA--(\ I '~03<6 NAME: -:30\y.,eS (1~(SlD\S ADDRESS: ... Ar6hc. 'v\ PHONE: (H)(~_.~~ .. , -'~,. (W) -I-N-/A----\. '\ --"
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~\e~ (]\1l\l \')Q-{oV\ci, PRIOR PUBLIC (OR RELATED) SERVICE: \~O"\<2-, ~\e.-'«(X~\Soh::L \NOv\\~ \l¥-e ~() ~'--8' ,\ ~Y\~O\\Ql. OTHER RELEVANT BACKGROUND (OR COMMENTS): 1. \~',\\ be
(A 'S...J~'\\cr 0-.\ \l-~\~S'f\ru.-k -rc~ O\I\~ c:.\e\'Vcc\t\~\-t \NC\I'\-\' Jc'O \f~o'(I..L O\~ ~,,",e.. \~~~Si \J>Jev-<2.. [.o\\I\ly-,I.;\.\1\ ,c;..o.-\-·IU" <?'0\\ (7 CAVe 0.. ~'\'\V'-s\--y
POLICY G1 8/27/08 ITEM: Recreational Fire Code Amendment SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: Recently, staff have received an increase in the number of complaints
regarding recreational fires being held in resident’s backyards. The complaints have been focused on hours of operation, proximity to structures and property lines, and excess smoke
and odors. By reference, the city has adopted the Minnesota State Fire Code, which only addresses some of the above concerns. Staff has consulted with the city attorney and has produced
the attached code amendment which would add the following restrictions to recreational fires in Falcon Heights: (1) The fire is used for cooking, social, or recreational purposes, not
burning trash, debris, grass, tree trimmings, or similar materials (2) The fire is at least twenty-five (25) feet from a structure and ten (10) feet from property line; (3) The fire
is no greater than three (3) feet in diameter and two (2) feet in flame height; (4) The fire burns charcoal or unpainted or untreated one (1) inch diameter wood, not trash or garden
residue; (5) The fire burns between: a. 9:00 am and 10:00 pm Sunday through Thursday; b. 9:00 am and 11:00 pm Friday, Saturday and legal holidays; (6) The fire is located at least three
(3) feet from combustible materials; (7) A responsible adult is attending the fire and the fire is completely extinguished before leaving the scene; (8) Fire extinguishing equipment
(such as buckets, shovels, garden hose, or a fire extinguisher) is readily available for use; and (9) Wind speeds do not exceed 10 mph. (10) Recreational fires are not permitted at anytime
of day when the Minnesota Pollution Control Agency has issued an air quality alert or Minnesota Department of Natural Resources has declared a burning ban. (11) The Fire Chief and authorized
fire department personnel, and police are authorized to require that a recreational fire be immediately extinguished if the fire constitutes a hazardous condition. By incorporating these
requirements into the city code, public safety personnel will have more authority to take action when an unsafe recreational fire exists. ACTION REQUESTED: Staff recommends that the
Falcon Heights City Council adopt the attached code amendment relating to recreational fires.
ORDINANCE NO. 08-02 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE FALCON HEIGHTS CITY CODE CONCERNING RECREATIONAL FIRES THE CITY COUNCIL OF THE CITY OF FALCON
HEIGHTS ORDAINS: SECTION 1. Chapter 26 (Fire Prevention and Protection) of the Falcon Heights City Code is amended to add the following section: Sec. 26-4. Recreational fires. (a) It
shall be unlawful for any person to burn a recreational fire in the City unless: (1) the fire is used for cooking, social, or recreational purposes, not burning trash, debris, grass,
tree trimmings, or similar materials; (2) the fire is at least twenty-five (25) feet from a structure and ten (10) feet from property line; (3) the fire is no greater than three (3)
feet in diameter and two (2) feet in flame height; (4) the fire burns charcoal or unpainted or untreated one (1) inch diameter wood, not trash or garden residue; (5) the fire burns between:
a. 9:00 am and 10:00 pm Sunday through Thursday; b. 9:00 am and 11:00 pm Friday, Saturday and legal holidays; (6) the fire is located at least three (3) feet from combustible materials;
(7) a responsible adult is attending the fire and the fire is completely extinguished before leaving the scene; (8) fire extinguishing equipment (such as buckets, shovels, garden hose,
or a fire extinguisher) is readily available for use; and (9) wind speeds do not exceed 10 mph. (b) Recreational fires are not permitted at anytime of day when the Minnesota Pollution
Control Agency has issued an air quality alert or Minnesota Department of Natural Resources has declared a burning ban. (c) The Fire Chief and authorized fire department personnel, and
police are authorized to require that a recreational fire be immediately extinguished if the fire constitutes a hazardous condition. SECTION 2. EFFECTIVE DATE: This ordinance shall take
effect from and after its passage.
ADOPTED this ______ day of ____________, 2008, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ____________________________ Peter Lindstrom, Mayor ATTEST:
___________________________________ Justin Miller, City Administrator/Clerk
POLICY G2 8/27/08 ITEM: Dogs in City Parks Trial Period Discussion SUBMITTED BY: Annie Green & Melissa Weber-Sanders, Parks & Recreation Commissioners REVIEWED BY: Lisa Abernathy, Recreation
Supervisor Summary: The Parks and Recreation Commission would like to pursue allowing dogs in the parks from the hours of 7A.M. until 9 P.M. for a trial period of one year (so that we
can include next summer). Dogs would be allowed on the grassy areas during those hours but must be leashed at all times with a leash no longer than 6 feet in length. Dogs would still
be allowed to walk through the parks on the sidewalks during other hours of the day as is already allowed. A poll regarding this issue conducted on the Falcon Heights website received
28 responses with 67% in favor of allowing dogs and 33% not in favor. The City is responsible for monitoring phone calls or complaints to City Hall and the police department. When the
trial period ends, the Commission will assess the responses and issues and decide whether to pursue changing the ordinance. Action Requested: The Parks and Recreation Commission recommends
approval of a trial run for allowing dogs in the parks.
POLICY G3 8/27/08 ITEM: Dynamic Sign Ordinance Amendment SUBMITTED BY: Justin Miller, City Administrator Background: Following the City Council’s approval of the interim amendment regarding
dynamic display signs, the Planning Commission spent four months studying the issue. Commissioners have studied the new signage technologies and considered whether and how the Falcon
Heights sign code should be updated to provide for these new types of signs, in particular dynamically changing signs made possible by LED and other new technologies. The commission
read research material and ordinances from other cities in the metropolitan area which have already updated their sign codes. The commission also received comment from the public in
May and June. At the request of the commission, the city attorney prepared a draft ordinance based on commission discussions in May and June. A public hearing on this proposed ordinance
was held July 22nd. Following the hearing, the Planning Commission discussed the draft in detail and made several changes. They then voted unanimously to recommend that the Council approve
their amended draft of the ordinance. Summary: The consensus of the Planning Commission is to allow dynamic display signs in the B-2 and B-3 commercial districts of the city, with certain
restrictions. The commission was concerned that a flat prohibition would subject the city to legal challenge, but they wanted to make sure that any negative effects on residential neighborhoods
and traffic safety would be minimized as much as possible. The commission’s changes to the draft are all in Section 8 of the ordinance and are primarily aimed at making sure their intentions
are clear: that dynamic sign images and messages must be still and static except for a change no more than once every 24 hours (except time and temperature signs). Changes to a signs
image or message must be accomplished without any special effects. Section 8 also defines how much of a sign may be dynamic and imposes a setback of 150 feet from residential property.
Applicable provisions of the existing sign code would also still apply. The draft ordinance also adds two definitions to the definition section (113-3) of the zoning chapter and provides
some needed updates related to non-conforming signs and illuminated signs. Attachments • Ordinance amending Chapter 113 of the City Code concerning dynamic signage
ORDINANCE NO. 08-03 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 113 OF THE CITY CODE CONCERNING DYNAMIC SIGNAGE THE CITY COUNCIL OF THE CITY OF FALCON
HEIGHTS ORDAINS: SECTION 1. Section 113-3 of the Falcon Heights City Code is amended to add the following definitions: Nit means a unit of measurement for luminance. The total amount
of light emitted from a sign divided by the surface area of the sign (candelas per square meter). Sign, dynamic display. Any characteristics of a sign that appear to have movement or
that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign
structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or
mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels,
LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. SECTION 2. Section 113-416(a)
of the Falcon Heights City Code is amended to read: a) Permit required. Except as otherwise provided in this section, no sign or structure shall be erected, constructed, altered, replaced
with a dynamic display sign, rebuilt or relocated except as provided in this article and until a permit for the same has been issued by the zoning administrator upon application and
to include such information as is required for a complete understanding of the proposed work. SECTION 3. Section 113-426 of the Falcon Heights City Code is added to read: Sec. 113-426.
Non-conforming signs: compliance. It is recognized that signs exist within zoning districts that were lawful before this sign ordinance was enacted, which would be prohibited, regulated
or restricted under the terms of this chapter or future amendments. It is the intent of this sign ordinance that nonconforming signs shall not be enlarged upon, expanded or extended,
nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing
on the effective date of this sign ordinance, or amendments thereto, to continue as legal nonconforming signs provided such
signs are safe, are maintained so as not to be unsightly, and have not
been abandoned or removed subject to the following provisions: (1) No sign shall be enlarged or altered in a way which increases its nonconformity. (2) Should such sign or sign structure
be destroyed by any means to an extent greater than fifty (50) percent of its replacement cost and no building permit has been applied for within 180 days of when the property was damaged,
it shall not be reconstructed except in conformity with the provisions of this ordinance. (3) Should such sign or sign structure be moved for any reason for any distance whatsoever,
it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. (4) No existing sign devoted to a use not permitted by the zoning code
in the zoning district in which it is located shall be enlarged, extended or moved except in changing the sign to a sign permitted in the zoning district in which is it located. (5)
When a structure loses its nonconforming status all signs devoted to the structure shall be removed and all signs painted directly on the structure shall be repainted in a neutral color
or a color which will harmonize with the structure. SECTION 4. Section 113-450(a) of the Falcon Heights City Code is amended to read: (1) Types of signs allowed. Business, dynamic display
signs, nameplate, identification, illuminated, ground, pedestal, political, real estate sales, temporary, wall and courtesy bench signs. SECTION 5. Section 113-450(b) of the Falcon Heights
City Code is amended to read: (1) Types of signs allowed. Business, nameplate, identification, illuminated, ground, pedestal, political, real estate sales, temporary, wall and courtesy
bench signs. Dynamic display signs are permitted in B-3 districts only. SECTION 6. Section 113-471 of the Falcon Heights City Code is amended to read: (a) Any sign illuminated and located
within 50 feet of a residential district lot line shall be diffused or indirect so as not to reflect direct rays of light into adjacent residences. All illuminated signs in business
and industrial districts in close proximity to residential districts shall be designed so as to illuminate the sign and not residential property to the extent practicable. (b) Illuminated
signs lighted by any means as an integral part of the sign, by floodlights, or any other means which cast light away from the sign shall be governed as follows: (1) Any combination of
signs or light sources which cast light on a public street shall not exceed one footcandle meter reading as measured from the centerline of said street. (2) Any combination of signs
or lights which cast light on property zoned for residential use shall not exceed 0.4 footcandle meter reading as measured from any part of said residential area.
(3) In no instance shall exposed lightbulbs be utilized to light signs, property, or merchandise for sale or rent. Said lights shall be hooded or controlled in some manner so as to direct
light away from public streets or adjacent to nearby property. (c) No sign may be brighter than is necessary for clear and adequate visibility. (d) No sign may be of such intensity or
brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver’s operation of a motor vehicle. (e) No sign may be of such
intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal. SECTION 7. Section 113-473 of the Falcon Heights City Code is amended
to read: Devices giving off an intermittent or rotating beam of rays of light shall be prohibited, except dynamic display signs, symbols or numerals indicating time and temperature as
long as the display does not change more frequently than every 30 seconds. In no event, however, shall any light be permitted which may be confused with lights from a snowplow, police
car, ambulance, or other emergency vehicle. SECTION 8.. Section 113-492 of the Falcon Heights City Code is added to read: Dynamic displays on signs are permitted subject to the following
conditions: (1) No dynamic display sign shall be located within 150 feet of a residential district lot line. (2) Dynamic display signs are subordinate to ground and pedestal signs and
must not be the predominant feature of the sign area. A dynamic display shall not occupy more than twenty-five percent (25 %) of the sign area. Only one dynamic display is allowed per
sign face. (3) The images and messages displayed must be static, and a dynamic display shall display no more than one static image and/or message per 24 hour period, except when changes
are necessary to correct the time and temperature information. Time and temperature information is considered a dynamic display and may not be included as a component of any other dynamic
display. display. Except for time and temperature, change shall take place between 9 a.m. and noon. (4) No dynamic display sign shall use more than one color of lighting. That is, it
shall render images with one constant hue and brightness on an unlighted background. (5) The transition from one static display to another must be without any special effects. (6) The
images and messages displayed must be complete in themselves without continuation in content to the next image or message or to any other sign.
(7) Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue
the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the City that the display is not complying with the standards of this ordinance.
(8) All dynamic displays shall meet the following brightness standards in addition to those in section 113-471(c), (d), and (e): (a) Sunrise to sunset: no greater than 2000 nits, (b)
Sunset to sunrise: no greater than 500 nits. SECTION 9. EFFECTIVE DATE: This ordinance shall take effect from and after its passage. ADOPTED this ______ day of ____________, 2008, by
the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ____________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Justin Miller,
City Administrator/Clerk