Loading...
HomeMy WebLinkAbout10/09/1984 Council Minutes (2)COUNCIL MEETING October 9, 1984 The regular meeting of the Lino Lakes City Council was called to order at 7:05 P.M., Tuesday, October 9, 1984 by Mayor Benson. Members present: Marier, Kulaszewicz, Bohjanen, Reinert. City Attorney, Bill Hawkins, City Engineer, John Davidson, Building Inspector, Pete Kluegel, City Administrator, Randy Schumacher and Clerk - Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES - SPECIAL MEETING 9/24/84 Mr. Bohjanen moved to approve the minutes of the Special Meeting of September 24, 1984 as presented. Mr. Marier seconded the motion. Motion declared passed. CONSIDERATION AND APPROVAL OF MINUTES - REGULAR MEETING 9/24/84 Mr. Reinert moved to approve the minutes of the regular meeting of 9/24/84 as presented. Mr. Bohjanen seconded the motion. Motion declared passed. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - 9/29/84 & 10/9/84 September 29, 1984 - Mr. Marier moved to approve the disbursements as presented. Mr. Kulaszewicz seconded the motion. Motion declared passed. October 9, 1984 - Mr. Schumacher said the Lake Office Equipment check will be held until all the chairs have been delivered. Mr. Marier asked about the ICMA disbursement. Mr. Schumacher explained it was for his annual conference. Mr. Kulaszewicz asked about the bill for Zack's. The clerk explained this was for various cleaners used in the shop and the cost was billed to all departments. Mr. Kulaszewicz moved to accept the October 9, 1984 disbursements as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. OPEN MIKE Fire Commission Budget - Barry Mattson and Neal Benjamin - Mr. Mattson went through the proposed 1985 Fire District Budget and explained how each item of the budget was arrived at by the Commission with input from both the Cities of Lino Lakes and Circle Pines. He ex- plained the background of both the Centerville Fire Department and the Circle Pines Fire Department was taken into consideration and used for back -up information. There were many questions about the items on the proposed budget. Mr. Reinert questioned the need for separate legal services when all the Cities already have legal consultants. He also questioned who maintains and repairs the fire fighting vehicles. It was ex- plained the firemen perform this service with outside guidance. 1 1 1 1 1 1 COUNCIL MEETING October 9, 1984 Page -2- Mr. Marier questioned heating costs of the Centerville Fire Sta- tion. Does the budget figure include heating the City Hall? Mr. Benjamin said he would check this out. He also asked what would happen if there was a surplus at the end of 1985. Mr. Mattson felt it would be used the following year. The 1985 budget contains funds for ten new fire fighters for the year 1985. Mr. Marier suggested that the Fire District could start with five and phase in the balance in succeeding years. Mr. Mattson explained there still is much to be done in the areas of depreciation and Relief Association. These figures will probably not be available until after the first of the year. It was ex- plained the present depreciation figure was determined by each fire chief appraising their own equipment and then using 70% of their figures. Mr. Benjamin said he was in favor of obtaining an outside appraiser to get this figure. Mr. Schumacher suggested that possibly the first year's depreciation costs could be delayed until the second year and a payment schedule worked out in this manner. Mayor Benson noted the joint powers agreement would have to be modified. Mayor Benson stated there is still work to be done on this budget and if the total operation budget can be reduced to around $115,000, then Lino Lakes' portion of 56% will fit into the Lino Lakes City budget. Mayor Benson asked what the Fire District name will be. This has not been established. The Council took a break from 8:10 to 8:25 P.M. CONSIDERATION OF APPOINTING SENIOR COUNCIL OFFICERS Mr. Schumacher told the Council that the Senior Council had met on October 2, 1984 and several members had volunteered for an office position: Charles, and Francis Cape - Co- chairpersons; Mary Domning - Vice Chairperson; Vivian Rehbein - Secretary; Other Senior Council Members - Directors. Mayor Benson appointed these members to their volunteered positions. CONSIDERATION OF ORDINANCE #84 -11 2nd READING - RENAMING 133rd AVENUE TO OLIVE STREET Mr. Kulaszewicz moved to adopt Ordinance #84 -11 and to waive the reading. Mr. Marier seconded the Motion. Motion carried. (Ordin- ance printed on page 009 of Council minute book - 9/24/84 meeting.) CONSIDERATION OF RESOLUTION 84 -25 AND DEVELOPERS AGREEMENT Mr. Reinert moved the adoption of Resolution 84 -25. Mr. Bohjanen seconded the motion. Mrs. Anderson read the Resolution. 01 "3 014 COUNCIL MEETING October 9, 1984 Page -3- RESOLUTION #84 - 25 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS. WHEREAS, a Resolution of the City Council adopted the 14th day of May, 1984, fixed a date for a Council hearing on the proposed improvement of North Road from the West City limits to 2nd Avenue, South on Highway #49 to Rice Lake Estates, North on 2nd Avenue to Elm Street, East on Elm Street to 4th Avenue, North on 4th Avenue to 77th Street, thence East on 77th Street to Lake Drive, pursuant to a petition of affected property owners, and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon the llth day of June, 1984, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, a period of sixty (60) days has elapsed after the public hearing and no petitions have been filed against the improvement as provided by in Section 8.04, Subd. 1, of Chapter 8 of the Lino Lakes City Charter. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered for proposed area "A" as outlined in the TKDA Supplemental Report entitled "Proposed 1984 Improvements - Rice Lake Estates Utility and Street Improvement ", dated January 12, 1984. 2. Such improvement is contingent upon the receipt of the necessary letters of credit from the developers. as determined at the September 5, 1984 City Council meeting. 3. Such improvement is also contingent upon the signing of the City's standard developers contract. 4. Mr. John Davidson of TKDA is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such im- provement. Adopted by the Council this (I day of Ce -ec- -e2 40.1 �i Marilyn G. Anderson, Deputy Clerk Benja , 1984. . Benson, Mayor 1 1 1 1 COUNCIL MEETING October 9, 1984 Page -4- Mr. Schumacher explained that this is for the area of Rice Lake Estates and Ulmers Addition. It does not go further north than Ulmer's Addition. Mr. Hawkins questioned the boundaries set forth in the first para- graph. Mr. Davidson explained this is the proposed route of the utilities as originally proposed on May 14, 1984 including areas "A ", "B ", "C ", and "D ". This current resolution reduces the area to area "A" only. Mr. Marier asked what is the standard City developers agreement. Mr. Schumacher explained it is a developers agreement of about six pages prepared by Mr. Hawkins and currently used by the City in other developments. Mayor Benson called for the question. Mr. Marier and Mr. Kulaszewicz voted no. Mr. Reinert and Mr. Bohjanen voted yes. Mr. Hawkins asked how many people petitioned on the project. Mr. Schumacher said it was 100%. Mr. Hawkins said a majority of the Council is needed to carry the vote. Mayor Benson voted yes. Motion carried. PUBLIC HEARING - SIGN ORDINANCE #84 - 09 015 Mr. John McLean, Chairman of the Planning and Zoning Board was present to explain the draft ordinance presented to the Council. Mr. McLean explained the reasons for revising the ordinance: 1) present ordin- ance difficult to administer, 2) does not relate to present zoning districts, 3) up date to current signing practices. The Board ob- tained help with the revision from Naegle Sign Company, a model ordin- ance from the sign industry and information from the State. Mr. McLean said that he, Mr. Cody and Mr. Kluegel met several times to work on this draft and the P & Z Board also spend considerable time on it. They felt it is their best effort although it is not perfect. It is a document that can easier be administered by the zoning official. Mayor Benson opened the Public Hearing at 8:40 P.M. There were no comments from the audience. Mayor Benson asked what happens to signs already posted which do not conform to the new ordinance. Mr. McLean said they would be "grandfathered ". Mr. Kluegel said the recommenda- tion of the P & Z Board was to forward to Council for the Public Hearing. He noted portable signs were now addressed in this ordinance. Mr. Schumacher asked if there is still an annual fee in this ordinance. Mr. McLean said yes, this is to insure inspection of the signs annually. Mr. Marier moved to close the Public Hearing at 8:43 P.M. Mr. Bohjanen seconded the motion. Motion carried. Mr. Marier said the P & Z Board should be commended for their work on this Ordinance. Mr. Kulaszewicz moved to approve the first reading of Ordinance #84 -09. Mr. Marier seconded the motion. Motion carried. O6 CITY '?F LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE #09 -84 COUNCIL MEETING October 9, 1984 Page -5- AN ORDINANCE REGULATING SIGNS IN THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA. The City Council of the City of Lino Lakes ordains: SECTION I. PURPOSE AND INTENT The purpose of this ordinance is to establish a set of standards for fabrication, erection and use of signs, symbols, markings, or advertising devices within the City. These standards are designed to protect and promote the general welfare, health and safety of persons within the community and to aid and assist in the develop- ment and promotion of business and industry by providing regulations which allow and encourage creativity, effectiveness and flexibility in the design and use of such devices. SECTION II. DEFINITIONS: A. Commercial Use: Activity carried out for monetary gain. B. Conditional Use: A land use or development that may not be appropriate generally within a certain district but may be allowed in that district with appropriate restrictions, conditions or limitations as imposed by the City Council. C. Conditional Use Permit: A permit issued by the City Council in accordance with the procedures specified within this Ordinance as a device to enable the City Council to assign conditions to a proposed use or development after consideration of the adjacent land uses and the special characteristics which the proposed use presents. D. Permitted Use: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. E. Sign: The term "Sign" shall mean a name, identification, description, display, illustration structure or device which is affixed to, or painted on, or represented directly or indirectly upon a building or-other outdoor surface or piece of land, and which directs attention .to an object, product, place, activity, person, institution, organization or business. F. Advertising Sign: An "Advertising Sign" is a sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such a sign is located or to which it is affixed. See Section IV General Regulations. 1 1 1 G. COUNCIL MEETING 0,1 Tt October 9, 1984 Page -6- 1. Wall Advertising Sign.: An advertising sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the ,face of said wall and extending not more than fifteen (15) inches from the building wall face. 2. Ground Advertising Sign: An advertising sign supported by or upon standards, poles, beams or other supports di- rectly affixed to the ground. 3. Pylon Advertising Sign: A free standing advertising ground sign erected upon a post or posts not more than fifteen (15) feet apart and where no portion of the message area is less than twelve (12) feet above the ground. Business Sign: A "Business Sign" is any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the i- dentification or promotion of any principal commodity or ser- vide, including entertainment, offered or sold upon the premises where such sign is located. 1. Wall Business Sign: A Business sign attached to or erected against the wall of any building or structure, with the exposed face of the sign in a plane approximately parallel to the face of said wall and is extended not more than fifteen (15) inches from the building wall face. 2. Ground Business Sign: A Business sign supported by or upon standards, poles, beams, or other supports directly affixed to the ground. 3. Pylon Business Sign: A free standing business ground sign erected upon a post or posts not more than fifteen (15) feet apart and where no portion of the message area is less than twelve (12) feet above the ground. 4. Projecting Business Sign: A Business sign affixed to an exterior wall or roof of a building and which is perpendi- cular to the building wall. 5. Marquee and Canopy Business Signs: Any message or identi- fication which is affixed to a projection or extension of a building or structure, erected in such a manner as to provide a shelter or cover over the approach to any en- trance of a store, building or place of public assembly. H. Related Definitions: 1. Illuminated Sign: A sign which has artificial light source directed upon it or which has an interior light source. See Section IV(E) General Regulations. 0 b COUNCIL MEETING October 9, 1984 Page -7- 2. Motion Sign: A sign which revolves, rotates or moves. 3. Sign Area: The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, but excluding any structural or supporting ele- ments such as uprights, aprons, poles, beams or standards. 4. Sign Height: Height shall be measured from grade to the uppermost points or level of sign surface. 5. Flashing Sign: An illuminated sign on which such illumina- tion is not kept constant in intensity or color at all times, when such sign is in use. See Section IV(E) General Regulations. 6. Direction Signs: A sign erected on private property for the following uses: Church, school, hospital, club, library, civic or other similar types, providing general information about the use or uses such as name and address. 7. Area Identification Sign: A free standing sign or pylon which identifies the name of neighborhood, a residential subdivision, a multiple residential complex, or a commercial or industrial complex consisting of three or more businesses. 8. Identification or Nameplate Sign: A sign which bears the name or address or both of the business or the occupant of the building on which it is located. 1 1 9. Temporary Signs: A sign erected for a limited period of time. a. Real Estate Sign - A temporary sign advertising the sale or lease of property or buildings. b, Construction Sign - A temporary sign identifying a building or construction site, architects, engineers, contractors or suppliers. Sign must be removed within 30 days after issuance of certificate of occupancy for a structure. c. Political Campaign Signs - Signs or posters announcing the candidate(s) seeking political office and /or political issues, and dates pertinent thereto. See Section IV (J) General Regulations. I0. Portable Sign: A sign designed to ba movable from one location to another. 11. Institutional Sign: A sign'or bulletin board which identi- fies the name and other characteristics of a public or private institution on the site where the sign is located. 1 1 1 SECTION III. DISTRICT REGULATIONS A. R„ Rural District: COUNCIL MEETING October 9, 1984 Page -8- Purpose. This district is designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions. 1. To preserve productive land for agricultural use. 2. To maintain "open space" within and near to urban areas. 3. To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. 4. To provide a method by which the urban farm can be guided so as to control urban sprawl and still conserve land in an economic status until such time as the need is present for an amendment to the Comprehensive Plan. 5. To reduce the possibilities of rural -urban conflicts in establishing types and levels of service, methods of financing the services and needs. To maintain an accept- able per capita cost for such services as sanitary sewer, water, police, fire, road maintenance, school transporta- tion, and others is necessity. Rural Districts: In the Rural District all signs must comply with the following: 1. Residential Identifications: Not more than two (2) square feet of nameplate. 2. Institutional Identifications: Churches, schools, parks, etc. allowed up to twenty -four (24) square feet; not higher than eight (8) feet. 019 3. Advertising Signs: Allowed by Conditional Use Permit; forty (40) feet maximum height above grade; must comply with General Regulations. Section IV. a. Must not be within seven hundred fifty (750) radius feet of an existing residential structure or other advertising structure in a non - freeway area. b. Must not be closer than seven hundred fifty (750) radius feet of another advertising structure. Shall not be closer than twelve hundred (1200) feet to another such advertising structure on the same side of an interstate freeway. For the purpose of this Ordinance, a back -to -back or V -type sign shall be considered as one structure. COUNCIL MEETING October 9, 1984 Page -9- B. "E -R" Expansion Residential District: Purpose. The purpose of this district is to allow for large lot, single - family residential%development with on -site sewage disposal systems in areas which are'planned to receive sewer sometime after 1990. Development will be encouraged to occur in such a manner as to not make it difficult to extend sewer into the area in the future. This transitional district is intended to provide limited opportunities for a low density, semi - rural, residential lifestyle for those who are willing to accept a lower level of urban and community service. Developments which do occur in this district prior to the availabi- lity of sewer will be designed for future resubdivision so as to permit economical installation of sewer at a later date. "R -1" Single- Family Residential District: Purpose. This district is intended to provide a residential atmos- phere for those persons desiring a single - family neighborhood with a suburban density. The area is intended for development of single - family detached homes on lots with public sewer and water. "R -2" Two - Family District: Purpose. This district is intended to provide a residential atmos- phere for those persons desiring a two - family dwelling with a more urban, but limited, density. Two - family dwellings will not be allowed in areas without sanitary sewer. "R -3" Medium Density Residential District: Purpose. The purpose of the R -3 Medium Density Residential District is to provide settings for multiple- family structures up to eight dwelling units per building in areas having good thoroughfare access, are properly located to other uses and are accessible to major acti- vity center, recreation areas and shopping areas. "R -4" High Density Residential District: Purpose. The purpose of the R- 4.High Density Residential Districts is to provide settings for multiple - family housing in areas having good thoroughfare access, proper relationship to other uses and are accessible to major activity center, recreation areas and shopping areas. "R -5" Planned Unit Development (P.U.D.) District: Purpose. The intent of the PUD district is to permit greater flexi- bility and, consequently, more creative and imaginative design for the development of residential, commercial or industrial areas than are generally possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities, and preservation of natural scenic qualities of open space. 1 1 COUNCIL MEETING October 9, 1984 Page -10- 021 "R -6" Manufactured Home Park District: Purpose. The purpose of the Manufactured Home Park District is to provide opportunities for manufactured housing in a planned commu- nity. This district is intended to provide opportunities for almost all types of manufactured homes including those which may not be able to meet the design standards established in other residential districts All Manufactured Home Parks are required to conform to the provisions of this section and other appropriate sections of the code. "R -7" Manufactured Home Subdivision District: Purpose. The purpose of this district is to provide opportunities for manufactured housing for manufactured homes which meet the design cri- teria established in this subdivision in subdivided developments, in safe, attractive residential neighborhoods with all urban services and desired amenities. ER - R1, R2, R3, R4, R5, R6, R7 In the multiple and residential districts, the following require- ments apply. 1. Residential Identification: One nameplate per residence, not more than two (2) square feet per unit. 2. Institutional Identification Signs: Not more than twenty - four (24) square feet; not higher than six (6) feet; one identification sign allowed per building. 3. Area Identification Signs: Not more than twenty -four (24) square feet; not higher than six (6) feet. 4. No sign may be closer than ten (10) feet to any property line. . C. "LB" Limited Business District: Purpose. There may be some areas which are suitable only for com- mercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. This may include high quality commerical areas such as an "office park" development. Also, the "LB" District can be used as a transitional district or buffer between noncompatible uses such as intense commercial ( "GB ") and residential uses. No sign shall, be closer than fifteen (15) feet to any property line. In the Limited Business Districts all signs must comply with the following: 1. Institutional Identification: One ground or wall sign per institution, of thirty (30) square feet or three percent (3 %) of the building face area (whichever is greater), is allowed on public, medical, educational, clinical or community centers. 2. Business and Professional Building Identifications: One ground or wall sign per building, of fifty (50) square 022 COUNCIL MEETING October 9, 1984 Page -11- feet or ten percent (10o)of wall area, whichever is greater. 3. Area Identification Signs: One ground sign of one hundred (100) square foot maximum per development, not higher than twelve (12) feet.` D. "NB" Neighborhood Business District: Purpose. The purpose of the NB Neighborhood Commercial District is to provide for the establishment of local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements of the immediate neighborhood and which are located along a collector or arterial roadway. These businesses are not in- tended to draw customers from the entire community. No sign may be closer than fifteen (15) feet to any property line. 1. Business Signs: a. Sign or signs attached to building equaling twenty percent (20 %) of the building face area or one hundred (100) square feet, whichever is greater; not higher than six (6) feet above outside of parapet wall. b. One ground sign or pylon sign up to fifty (50) square feet; not higher than thirty (30) feet; not closer than fifty (50) feet to another such ground sign, but allowed only if the business is not part of an integrated retail complex. 2. Area Identification Signs: a. One sign allowed per group of three or more businesses of not more than three hundred (300) square feet of sign surface. b. Not higher than thirty' (30) feet above grade. E. "SC" Shopping Center District: Purpose. This zoning classification is reserved for modern retail shopping facilities of integrated design in appropriate locations. Potential shopping center sites should be zoned after there is actual need shown and construction of the center can be expected within two years following such zoning. This will allow potential developers greater freedom in site selection and reduce the possibility of under - or over - zoning for commercial development. No sign may be closer than fifteen (15) feet to any property line. 1. There may be more than one site suited for commercial acti- vity and public policy states that only one may be developed. 2. To provide a flexible means development at a later date In the Shopping Centel Districts following: COUNCIL MEETING October 9, 1984 Page -12- to zone land for commerical when there is justification , all signs must comply with the 1. Area Identification Signs: a. One (1) ground sign or pylon for each major street or thoroughfare frontage up to four hundred (400) square feet of sign surface. b. Not higher than sixty -five (65) feet above grade. 2. Business Signs: a. One sign consisting of one hundred (100) square feet or twenty percent (20 %) of building face area, which- ever is greater. b. One wall sign only allowed within the parapet. 023 3. Advertising Signs: a. Not higher than forty -five (45) feet and allowed only by Conditional Use Permit. b. Must comply with General Regulations. Section IV. F. "GB" General Business District: Purpose. These are areas containing a wide variety of business uses including retail, service, and semi - industrial uses. As such, they may contain businesses which tend to serve other business and in- dustry as well as those catering to shoppers' needs. No sign may be closer than fifteen (15) feet to any property line. "GB" General Business District - Public and Semi - Public Districts: In these districts all signs must comply with the following: 1. Institutional Identification: a. For hospitals, office buildings, etc. b. One sign allowed, sixty (60) square feet of ground sign or pylon or up to twenty percent (20 %) of the building face area as a wall sign. 024 COUNCIL MEETING October 9, 1984 Page -13- 2. Business Signs: a. Pylon or ground signs totaling two (2) square feet of sign surface per lot frontage foot; up to three hundred (300) square, feet and not higher than forty (40) feet. Must be fifty (50) feet away from another ground sign. b. One sign attached to the building (wall or parapet) up to one hundred (100) square feet or twenty percent (20 %) of the building face area, whichever is greater. 3. Service Station Signs: a. On surface arterials - i. One (1) pylon sign per frontage. - Eighty (80) square feet maximum sign surface. - Forty -five (45) maximum in height. ii. One additional ground sign per street frontage. - Thirty -two (32) square feet maximum sign surface. - Thirty (30) feet maximum in height. iii. Sign or signs attached to building. - Up to twenty percent (20 %) of the total building face. b. Abutting freeways i. One (1) pylon sign. - Three hundred fifty (350) square feet side - Maximum height of sixty -five (65) feet. ii. One additional ground sign per frontage. - Thirty -two (32) square feet. - Thirty (30) feet in height. iii. Sign or signs attached to building. - Up to twenty percent (20 %) of the total building face. 4. Advertising Signs: a. Forty -five (45) foot height limit allowed by Conditional Use Permit. b. Must comply with all General Regulations. Section IV. G. "LI" Light Industrial District: Purpose. These areas have the prerequisites for industrial develop- ment, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high develop- ment standards will be necessary. "LI" uses include service indus- tries and industries which manufacture, fabricate, assemble or store, where the process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare, or other objectionable influences. COUNCIL MEETING October 9, 1984 Page -14- Generally, these include wholesale, service and light industries which are dependent upon raw materials refined elsewhere. "GI" General Industrial District Purpose. These are areas which, because of availability to thorough- fares, suitable topography, and isolation, are appropriate for indus- trial uses of a more intense nature and ones which may have certain nuisance characteristics. 025'i In the Light and General Industrial Districts all signs must comply with the following: 1. Area Identification: a. Pylon sign up to four hundred (400) square feet per side of sign area. b. Not to exceed building height limit of zone. c. Minimum of twenty (20) foot setback from property line. 2. Business Identification: a Sign area of all business signs on a site equals three (3) square feet per lineal foot of lot frontage, or three hundred (300) square feet, or twenty -five percent (25 %) of the wall area on which the sign is placed, whichever is greater. b. Minimum twenty (20) foot setback from property line. 3. Advertising Signs: a. Observe minimum building setback line or twenty (20) foot setback, whichever is greater. b. Not to exceed building height limit of the zone. c. Must not be within seven hundred fifty (750) radius feet of an existing residential structure or other ad- vertising structure in a non - freeway area. d. Must not be closer than seven hundred fifty (750) radius feet to another advertising structure. Shall not be closer than twelve hundred (1200) feet to ,onother such advertising structure on the same side of an interstate freeway. For the purpose of this Ordinance, a back -to -back or V -type sign shall -be considered as one structure. e. Must comply with the General Regulations. Section IV. 026 COUNCIL MEETING October 9, 1984 Page -15- SECTION IV. GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS A. Advertising signs in districts where permitted, must comply with the following: 1. Shall only be fabricated of and erected on steel and built to a minimum of thirty (30) pounds per square foot windload factor. 2. Shall not be longer than sixty (60) feet. 3. Shall have a maximum square footage restriction of seven hundred fifty (750) square feet. B. All signs other than temporary signs, residential identification nameplate signs and residential area identification signs shall be constructed of, and erected upon steel or steel component structures. C. A11 signs other than temporary signs shall be constructed as to withstand windload pressure of 30 F.S.F. D. No sign shall be permitted within public road right -of -way or be affixed to public structures or public utility poles or boxes. E. Illuminated signs are permitted only in limited and general business, shopping center and light and general industrial district 1 F. Signs shall not be painted directly to any exterior building surface, but shall be on a separate frame except for temporary display windows. Sign letters /symbols may be directly attached to a wall by adhesive or mechanical fasteners. G. No sign shall be installed, which by reason of position, shape or color would conflict with the proper function or interpretation of any traffic sign or signal. H. There shall be no use of revolving beacons, flashing signs, zip flashers or similar lighted devices. I. No sign shall be permitted to obstruct any window, door, fire es- cape, stairway or opening of any building or structure. J . Political signs may be permitted for a period of not more than thirty (30) days before and five (5) days after an election period and removal shall be the responsibility of the candidate. K. All signs shall be maintained in good condition and the areas around them kept free from debris, bushes, high weeds, and from anything else which would be an eyesore or nuisance. The sur- face of all signs must be repainted at least once every two (2) years or whenever necessary as determined by inspection by Zoning Official to prevent the sign surface from becoming un- kempt in appearance. When any sign is removed, the Zoning Offi cial shall be notified and the entire surrounding area shall be cleared of all debris and unsightly projections and protrusions 1 1 COUNCIL MEETING October 9, 1984 Page -16- L. Signs which become unsafe or unkempt in appearance shall be repaired or removed by the licensee upon notification by the Zoning Official. M. The source of light for any sign must be indirect or diffused and shall not be directed into any adjoining residential district. N. Real estate development signs or construction site signs may be erected providing they do not exceed one hundred (100) square feet of area, are not more than fifteen (15) feet above grade, and not within one hundred (100) feet of an existing residential structure. 0. Directional signs up to four (4) square feet are allowed up to ten (10) feet above grade provided they are not erected adjacent to any residential streets. P. Temporary real estate signs advertising the sale of individual residences shall not require a permit if they are under six (6) square feet. Q• �a Temporary signs advertising buildings or land for rent or for sale in all districts may be placed on such property providing such signs are not closer than ten (10) feet to any property line and do not exceed forty (40) square feet in industrial areas and fifteen (15) square feet in other areas. Projecting signs which extend over public property are prohibited. S. Roof signs are prohibited. T. The exposed uprights, superstructure or back side of all signs must be painted a neutral color such as light blues, grays, greens or browns, unless such part of the sign is integral to the overall design of the sign. U. No sign shall be painted on, attached to, or affixed to any trees, rocks or other similar organic or inorganic natural matter. V. A11 signs including temporary and portable over six (6) square feet in size shall require a sign permit. Portable signs are allowed for only a 30 -day period in a single location. W. Any Conditional Use application related to a sign exceeding six (6) square feet in area and /or thirty (30) feet in height shall not be granted until detailed plans therefore are filed with the Zoning Official, reviewed by the Planning and Zoning Commis- sion, and approved by the City Council. I X. For the purpose of this Ordinance, maximum square footage of a sign shall be computed on the basis of one (1) face of any multi -faced sign. COUNCIL MEETING October 9, 1984 Page -17- Y. The permit owner shall be responsible for all of the requirements of this Ordinance, including the liability for expense of removal and maintenance incurred by the City. Z. GRANDFATHER CLAUSE :. All signs located within the City of Lino Lakes prior to the adoption of this Ordinance, may continue to exist as to size, illumination and present location, provided the sign does not violate any provisions of the Lino Lakes City Code up to the date this Ordinance is passed and adopted. A permit is required for each existing sign, as applicable under this Ordinance. AA. Any violation of this Ordinance shall constitute a misdemeanor. Each day of such violation shall constitute a separate offense. Punishment therefore may involve a fine of up to Seven Hundred ($700) dollars or a jail sentence of ninety (90) days, or both; this shall not, however, allow the continued existence of a violation and removal thereof may be undertaken by the City upon a ten (10) day notice of such proposed removal to the violator. SECTION V. This Ordinance shall take effect upon its passage and publication according to the City Charter. • Pissed by the Council of the City of Lino Lakes this V')eiL0, -, , 1984. Attest: Edna L. Sarner, City Clerk day of e jamin G. Benson, Mayor 1 1 1 1 1 1 COUNCIL MEETING October 9, 1984 Page -18- PUBLIC HEARING - HOUSE OF PRAISE - AMENDED CONDITIONAL USE PERMIT Mayor Benson opened the Public Hearing at 8:45 P.M. Mr. Kluegel said this request is for an addition to the House of Praise Church. It is zoned ER. The addition is for an office, classroom, entry and bathroom facilities. The stipulation of the P & Z was a revision to the parking area. There is no formal motion on the parking area itself, however, he had polled all the members and they had no problem with the revision. There was no one in the audience to speak to this matter. Mr. Bohjanen moved to close the Public Hearing at 8:48 P.M. Mr. Reinert seconded the motion. Motion carried. Mr. Marier moved to approve the amended conditional use permit subject to approval of the parking lot by the P & Z Board. Mr. Kulaszewicz seconded the motion. Motion carried. PUBLIC HEARING - SET FEDERAL REVENUE SHARING Mayor Benson opened the Public Hearing at 8:49 P.M. Mr. Schumacher explained that the City will receive $41,760 in Federal Revenue Sharing funds during 1985. According to federal guidelines, the City is required to designate where these funds will be used. It is his recommendation that the funds be used for operating expenses in the Fire District or Police Department. Mayor Benson asked for audience comments. There were none. Mr. Kulaszewicz moved to close the Public Hearing at 8:51 P.M. Mr. Bohjanen seconded the motion. Motion carried. Mr. Reinert moved that the Federal Revenue Sharing in the amount of $41,760 be placed in the budget for the Fire District operating expense. Mr. Marier seconded the motion. Motion declared passed. CONSIDERATION OF CERTIFYING LEVY - RESOLUTION #84 - 30 This resolution is to certify the 1984 tax levy of $775,000 payable in 1985. Mayor Benson said it was the commitment of the Council to maintain taxes at the current mill rate of 25.909. This levy will keep the mill rate at this level. Mr. Kulaszewicz moved to approve and adopt Resolution 84 -30 and asked that-it be read by the Clerk. Mr. Reinert seconded the motion. Motion carried. 029 030 COUNCIL MEETING October 9, 1984 Page -19- RESOLUTION 84 - 30 RESOLUTION APPROVING, ESTABLISHING AND ADOPTING THE 1984 TAX LEVY, COLLECTABLE IN 1985. WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses, obligations and operating costs anticipated in the year 1985, and WHEREAS, the City of Lino Lakes is not restricted by any levy limitations imposed upon it by the State of Minnesota, NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes, Anoka County, Minnesota, hereby does levy the following sums of money for the current year, collectable in the year 1985, upon the taxable property in said City of Lino Lakes, to -wit: 1. Total amount levied in the yar 1984 to be spread for taxes due and payable in the year 1985 is in the total sum of $775,000.00 2. The amount above leviedis for the purpose of operational costs within the General Fund. No bond and interest Levy is necessary for 1985 due to the surplus in such particular funds. BE IT FURTHER RESOLVED by the Lino Lakes City Council that the budgets as reviewed by the respective departments and City Council in numerous meetings, represent the basis for this levy. Individual department budgets are subject to final approval by the City Council and shall be authorized by separate action prior to January 1, 1985. Passed this 9th day of October, 1984. Marilyn C1 Anderson, Deputy Clerk 401ei Ben,am n G. Benson, Mayor 1 1 1 1 1 031 COUNCIL MEETING October 9, 1984 Page -20- Mr. Ross from the audience asked what the mill rate will be. Mayor Benson said 25.909. Mayor Benson commended the Council and the staff for the work done on the budget and for maintaining the principle that the City would hold the line and increase the reserve and complete all their projects. CONSIDERATION OF RESOLUTION #84 - 31 This resolution is to certify to the County unpaid 1984 sewer and water bills. Mr. Kulaszewicz asked about the property listed to John Doyle. Mr. Schumacher said it will be assessed to the property and if Mr. Doyle does not own the property, the new owner will be assessed. Mr. Kulaszewicz moved to adopt Resolution #84 -31 and waive the reading. Mr. Bohjanen seconded the motion. Mr. Ross from the audience asked if this includes any delinquent charges or other costs. Mrs. Anderson said only late charges. Mr. Hawkins suggested that the late charges be increased to reflect the expenses involved with collection of delinquent utility bills. Motion carried. RESOLUTION #84 — 31 RESOLUTION AUTHORIZING CITY CLERK /TREASURER TO CERTIFY CERTAIN DELINQUENT WATER AND SEWER UTILITY BILLS FOR COLLECTION WITH 1985 PROPERTY TAXES. WHEREAS, pursuant to City Code Chapter 400, Section 401.29 and Chapter 402, Section 402.14, Subd. 5, the City Deputy Clerk has prepared a list of residents who have delin- quent sewer or delinquent sewer and water bills to be certified to the Anoka County Auditor for collection with the 1985 property tax statements, and WHEREAS, notice of impending action was delivered to the residents on September 17, 1984, NOW THEREFORE BE IT RESOLVED: that the City Council of the City of Lino Lakes, Anoka County, Minnesota, hereby does levy the following sums of money collect- able in the year 1985 upon the taxable property in said City of Lino Lakes: X32 Nnme and Address Eugene Eddleston 419 Arrowhead Drive Donald Ethen 432 Birch Street Robert Johnson 6717 E. Shadow Lake Drive J. C. Johnston 6525 Hokah Drive Richard Lohrke 6533 Hokah Drive Gene Lundgren 6534 Hokah Drive John Doyle (Leigh Investments) 6602 Pheasant Run (New Owner - Robert Miller) Jonathan Mills 6441 Rice Court Jeremich Dame 6498 Ware Road COUNCIL MEETING October 9, 1984 Page -21- Amount PIN# $123.00 29- 31 -22 -33 -0064 $243.00 $ 91.30 $124.00 $124.00 $124.00 $ 81.00 $ 94.00 $ 92.00 29- 31 -22 -33 -0016 28- 31 -22 -21 -0006 29- 31 -22 -32 -0022 29- 31 -22 -32 -0021 29- 31 -22 -32 -0037 28- 31 -22 -13 -0031 29- 31 -22 -33 -0033 29- 31 -22 -33 -0053 Passed by the Council of the City of Lino Lakes this 9th day of October, 1984. 1 rn coLucc, Marilyn C. Anderson, Deputy Clerk amin Benson, Mayor 1 1 1 033 COUNCIL MEETING October 9, 1984 Page -22- ENGINEER'S REPORT Mr. Davidson asked that a copy of #84 - 25 be sent to the Metro- politan Waste Control Commission to initiate the extension of the interceptor and also asked that the Council authorize him to work as necessary with the MWCC. Mr. Reinert moved to authorize the City Engineer to work accordingly with the MWCC to get this in place. Mr. Bohjanen seconded the motion. Motion carried with Mr. Marier voting no. WEST OAKS OF BALD EAGLE - Mr. Davidson said that he has revised plans for the streets in West Oaks of Bald Eagle. He explained the need for the revision and the revision provided some positive benefits and are in the best interest of the City. Mr. Reinert moved the adoption of the development plan and profile sheets 1 and 2 with the latest revisions 9/6/84 and 9/14/84 and that they be filed with the City for reference. Mr. Marier seconded the motion. Motion carried. CITY PARKING LOT - PLANS AND SPECIFICATIONS - Mr. Davidson had pre- pared plans and specifications for the portion of the City parking lot that will be constructed by other than city crew. He is request- ing that the project be advertised and bids opened at 10:30 A.M., October 22, 1984. The contract could then be awarded at the October 22, 1984 Council meeting. Mr. Kulaszewicz moved to accept the plans and specifications and ad- vertise for bids on the construction of the City parking lot. Mr. Bohjanen seconded the motion. Motion carried. Mayor Benson asked about the completion of Ash Street. Mr. Davidson said that Ramsey County had completed their portion and the City is currently working on their portion. ATTORNEY'S REPORT Mr. Hawkins did not have a report. NEW BUSINESS A. Barott Resignation. Mr. Kulaszewicz moved to accept Mr. Barott's resignation and asked that the City write a letter telling him his services have been appreciated. Mr. Bohjanen seconded the motion. Motion carried. Mayor Benson asked that the position be advertised. Also possible candidates could be suggested by the Council or public. 034 COUNCIL MEETING October 9, 1984 Page -23- B. Ways and Means Committee Report. The committee addressed three issues. 1) Establishing responsibilities for officer in charg of the Police Department, 2) Appointing the City Clerk - Treasurer and adjusting the compensation, 3) Reviewing the performance of the Police Secretary. A memorandum to the Council dated October 9, 1984 explains the Ways & Means Committee recommendations. Mr. Kulaszewicz commended the committee for their fine report. Mr. Ross from the audience asked if the salary recommendations for the Clerk - Treasurer compared with the past City Clerk - Treasurer. Mr. Schumacher said no. Mr. Ross asked if she is performing the same duties, and should she not be entitled to the same salary? Mr. Marier felt it is unusual when one is promoted from a lower paying classification to a higher classification to go into a higher salary. She will be reviewed in a couple of months. Mr. Marier moved to approve the report of the Ways and Means Committee in total. Mr. Kulaszewicz seconded the motion. Motion carried. OLD BUSINESS Mayor Benson noted receipt of a letter from Sally Timmers regarding the LaMotte Park matter. Mr. Kluegel has provided a third quarter Council update regarding the Planning and Zoning Official's office. He indicated the P & Z Board would review the dog kennel ordinance. Mr. Marier asked about the Glenn Rehbein Excavation letter of credit which expires March, 1985. Mr. Rehbein indicates he will want to renew his letter of credit into next summer so as to allow them to have at least 50% of their homes constructed before the final sur- face was installed. Mr. Schumacher recommended that the letter of credit be extended only to August, 1985. Mr. Volk, Public Works Director, felt this would be of benefit to the City. Mr. Kulaszewicz moved that the letter of credit for Glenn Rehbein be extended to August 1, 1985 and the paving work be done by August, 1985. There was not a second to this motion. There was discussion of who is responsible for road breakup after a contractor has constructed a road, the City has accepted it and then construction of houses begins by various builders. Mr. Schumacher said the original contractor is responsible for the road for one year after it is accepted by the City. Breakup after this period is the responsibility of the City. 1 1 1 COUNCIL MEETING October 9, 1984 Page -24- Mr. Juleen from the audience asked if contractors or builders could get permits when using the road. The permits would cover the cost of the breakup. Mr. Schumacher said this would create a full -time clerical position. Mr. Reinert felt he needed more information on this matter before he could make any decisions. He would like input from Mr. Volk. This is a policy issue that will have to be dealt with. Mr. Davidson suggested all letters of credit be written so they expire on July 1 of each year. This would allow time for the City to pull the letter of credit and go in and complete the project. Mr. Ross from the audience asked Mr. Hawkins if the 35% letter of credit is adequate to protect the City. Mr. Hawkins said this was a fiscal decision and recommended by the City fiscal agent, Mr. Langness. Mr. Davidson said this is a common policy and felt 35% was adequate when default occurs. There was discussion of the Jandric default with Mr. Davidson stating there was no financial loss to this City because of Mr. Jandric's bond held by the City. Mr. Ross asked if the City was familiar with the situation in Wyoming, Minnesota. Mr. Davidson said the work there was completed under a bond and paid for by the bond. The City had no out -of- pocket loss.. Mr. Reinert moved to adjourn at 9:35 P.M. Mr. Bohjanen seconded the motion. Aye. 035