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06-17-08 CCMP
City of Lake Elmo 3800 Laverne Avenue North June 17, 2008 ***6:30 p.m. Interview applicants for Planning Commission*** A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston, DeLapp, Johnson, Park, Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the city council runs its meetings so everyone attending the meeting or watching the meeting understands how the city council does its public business.) F. GROUND RULE: (These are the rules of behavior that the city council adopted for doing its public business.) G. APPROVE MINUTES: 1. Consider approval of June 3, 2008 minutes H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the city council is treated the same way, meeting attendees wishing to address the city council on any items NOT on the regular agenda may speak for up to three minutes. I. CONSENT AGENDA: Items are placed on the consent agenda by city staff and the Mayor because they are not anticipated to generate discussion. Items maybe removed at City Council's request. 2. Approve Resolution no. 2008-027 payment of claims 3. Consider a request from Thomas DuFresne for an extension to a variance request that was approved on June 19, 2007 for 8961 37th Street N. 4. Approval of change order no, 1 for the installation of SCADA system project J. REGULAR AGENDA: 5. Consider appointment for Second Alternate to the Planning Commission 6. Authorize hiring Design Forum to prepare conceptual schematic designs of Park shelters 7. Receive comments from Parks Commission on the possible lift station locations in Reid Park for the 1-94 to 30th Street Infrastructure Project and select a preferred lift station site. 8. Consideration of three separate ordinances to address specific sign related issues as directed by the city council a. Consideration of an ordinance to amend the administrative language governing signs in Lake Elmo b. Consideration of an ordinance to amend agricultural business definitions and regulations c. Consideration of an ordinance to amend sign regulations 9. Provide direction to the City Attorney to enforce outstanding items on the settlement agreement dated September 5, 2006 with Rod and Diane Sessing, 5699 Keats Avenue 10. Consider appointing a member of the City Council to apply for the Grant Evaluation and Ranking System (GEARS) Transportation Committee K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and Council Members - Cancel July 1st City Council meeting (ccws6-10-08) • Administrator L. ADJOURN DRAFT City of Lake Elmo City Council Meeting Minutes June 3, 2008 Mayor Johnston called the meeting to order at 7:00 p.m. Present: Mayor Johnston and Council Members Johnson, Park and Smith Also present: City Administrator Hoyt, City Engineers Griffin and Stempski, Finance Director Bouthilet, KDV auditor Joe Rigdon and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to approve the June 3"d agenda as presented. Council Member Johnson seconded the motion, The motion passed unanimously. ORDER OF BUSINESS: APPROVE MINUTES: The minutes of May 20, 2008 were approved by consensus. PUBLIC COMMENTS/INQUIRIES• None CONSENT AGENDA: MOTION: Council Member Johnson moved to approve the consent agenda as presented. Council Member Park seconded the motion. The motion passed unanimously. • Approve Resolution no. 2008-026 payment of claims in the amount of $109,215.95 REGULAR AGENDA: Public Meetine: Annual Report for 2007 Municipal Separate Storm Sewer Systems (MS4S) City Engineer Ryan Stempski conducted a public meeting on the City's Storm Water Pollution Prevention Program (SWPP) regarding its storm water quality and the steps that the City is taking to address the six minimum control measures. The City Council was asked to accept the Municipal Separate Storm Sewer System (MS4) Annual Report for 2007 for submission to MPCA. LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 2008 1 DRAFT Susan Dunn, 11018 N. 33`d St., N., asked how this differs from the Valley Branch Watershed. Mr. Stempski explained the SWPP addresses City items specific and the watershed does a holistic review, but each entity has its own permit. The city engineers will be at the Washington County Fair in August with a public education and outreach program. MOTION: Council Member Johnson moved to accept the Municipal Separate Storm Sewer (MS4) Annual Report for 2007 and to authorize staff to submit this report to the MPCA by June 30, 2008. Council Member Park seconded the motion. The motion passed unanimously. Financial information including actions related to: adiustments and changes in fund designations and transactions. nronosed 2008 budget amendments and 2008 financial management and 2009 budget nrenaration. City Administrator Hoyt summarized the purpose of the presentation. It was to fully understand the City's current financial accounting and status of each account at 2007 year end and to take action to bring the City's finance records into compliance with accepted government accounting practices and to comply with the 2007 audit report. Joe Rigdon, CPA, Government Finance Expert, from Kern, DeWenter & Viere, Ltds. (KDV) explained how City finances are organized and provided a written report detailing 2007 funds and 2008 budget amendments. Todd Williams, 3025 Lake Elmo Avenue N., objected to the $1 million transfer to pay for planning and development costs in the Village because if there is no building in the village area, there will be no funds to pay off the loan. Joe Rigdon explained the transfer to the village fund was simply acknowledging that money has already been spent and must be accounted for. Susan Dunn, 11018 Upper 33`d St. N., said this budget is a very important document for use by the city council. She questioned how much time the council had to review the document since the Council just received the information at the meeting. Ann Bucheck, 2301 Legion Avenue N., added her concern that the City is making a loan to a development fund for an area that may never have development. MOTION: Council Member Johnson moved to approve actions items 1-5 as presented. Council Member Smith seconded the motion. The motion passed unanimously. 1. Authorize the following fund transfers, effective December 31, 2007: - General Fund transfer of $156,000 to the Infrastructure Reserve capital projects fund for future sealcoating (within 2007 General Fund budget) Close the MSA Construction capital projects fund with a $516,120.82 transfer to the Infrastructure Reserve capital projects fund LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 2008 2 DRAFT - Close the Section 33 Utilities capital projects fund with a $105,953.20 transfer to the Infrastructure Reserve capital projects fund 2. Authorize the following inter -fund loan, effective December 31, 2007: General Fund loan of $1,000,000 to the Village capital projects fund to temporarily finance the past and future Village project expenditures; interest to accrue at 4%; preliminarily scheduled payments of $500,000 at December 31, 2010, $400,000 at December 31, 2011, and $259,852.90 at December 31, 2012 3. Authorize the following General Fund reserves and designations of fund balance, effective December 31, 2007: Reserved for Prepaid items: $3,823 Reserved for Advances to Other Funds: $1,000,000 (equivalent to an internal loan to the newly created Village capital projects fund) Designated for Cash Flow: $1,251,127 (equivalent to the remainder of General fund balance) 4. Move to amend the 2008 General Fund budget according to narrative on pages 20 and 21 and numerically detailed on pages 22 to 27 of the June 3, 2008 Finance Report presented by Joe Rigdon of KDV. 5. Extend contract for government finance services to work on next steps. - Move to extend the contract with KDV for financial services from June 30, 2008 through December 31, 208 to provide government financial management, oversight and budgeting services to comply with best financial practices for accounting and budgeting for an estimated amount of $50,000 from the general fund and enterprise funds, as appropriate. REPORTS AND ANNOUNCEMENTS: Council Member Park would like to talk about the possibility of licensing cats in the City. The Mayor adjourned the meeting at 9:00 p.m. Respectfully submitted by Sharon Lumby, City Clerk LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 2008 3 City Council Date: 06/17/2008 CONSENT Item: 2 Resolution 2008-027 ITEM: Approve resolution No. 2008-027 approving disbursements in the amount of $96,803.82. SUBMITTED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements in the amount of $ 96,803.82. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2008-027 RESOLUTION APPROVING CLAIMS BE IT RESOLVED THAT Claim Number 465, 466, DD1689 through DD1700, 32680 through 32687 were used for Staff Payroll dated June 05, 2008; 32688 through 32739 were used for Accounts Payable, in the total amount of $96,803.82 are hereby approved. ADOPTED, by the Lake Elmo City Council on the 17th day of June, 2008. Dean Johnston Mayor ATTEST: Susan Hoyt City Administrator Accounts Payable To Be Paid Proof List User Administrator Printed: 06/12/2008 - 10:12 AM Batch: 002-06-2008 Invoice # Inv Date SPRJNGB Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # ACS Animal Control Services 158 05/30/2008 823.14 0.00 06/17/2008 Animal Control Services 5/12 - 5/30 08 - 101-420-2700-43150 Contract Services 158 Total: 823.14 ACS Total: 823.14 ANCOM ANCOM COMMUNICATIONS, INC. 2849 06/06/2008 104.50 0.00 06/17/2008 Pager Repair 101-420-2220-43230 Radio 2849 Total: 104.50 ANCOM Total: 104.50 No 0000 No 0000 ANDERNIC Nicholas Anderson 06/11/2008 55.00 0.00 06/17/2008 Cable Operator - 6/10/08 CC Workshop - No 0000 101-410-1320-43620 Cable Operation Expense Total: 55.00 ANDERNIC Total: 55.00 ARAM Aramark 629-6495597 05/21/2008 32.18 0.00 06/17/2008 Uniforms Public Works No 0000 101-430-3100-44170 Uniforms 629-6495597 Total: 32.18 629-6500354 05/28/2008 32.18 0.00 06/17/2008 Uniforms Public Works No 0000 101-430-3100-44170 Uniforms 629-6500354 Total: 32.18 629-6505116 06/04/2008 32.18 0.00 06/17/2008 Uniforms Public Works - No 0000 101-430-3100-44170 Uniforms 629-6505116 Total: 32.18 629-6507946 06/09/2008 6137 0.00 06/17/2008 Linen City Hall - No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-6507946 Total: 61.37 AP - To Be Paid Proof List (06/12/08 - 10:12 AM) Page 1 Invoice # Inv Date 629-6507947 06/09/2008 101-420-2220-44010 Repairs/Maint Contractual Bldg 629-6507947 Total: 629-6507948 06/09/2008 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-6507948 Total: 629-6507949 06/09/2008 101-420-2220-44010 Repairs/Maint Contractual Bldg 629-6507949 Total: ARAM Total: BATTYPL Batteries Plus Woodbury 32-153643 06/06/2008 101-450-5200-42210 Equipment Parts 32-153643 Total: BATTYPL Total: BIFFS Biffs Inc. W353915-IN 101-450-5200-44120 W353916-IN 101-450-5200-44120 W353917-IN 101-450-5200-44120 W353918-IN 101-450-5200-44120 W353919-IN 101-450-5200-44120 W353920-IN 101-450-5200-44120 W353921-IN 101-450-5200-44120 W353922-IN 101-450-5200-44120 W353923-IN 101-450-5200-44120 06/04/2008 Rentals - Buildings W353915-IN Total: 06/04/2008 Rentals - Buildings W353916-IN Total: 06/04/2008 Rentals - Buildings W353917-IN Total: 06/04/2008 Rentals - Buildings W353918-IN Total: 06/04/2008 Rentals -Buildings W353919-IN Total: 06/04/2008 Rentals - Buildings W353920-IN Total: 06/04/2008 Rentals - Buildings W353921-IN Total: 06/04/2008 Rentals - Buildings W353922-IN Total: 06/04/2008 Rentals - Buildings AP - To Be Paid Proof List (06/12/08 - 10:12 AM) Amount Quantity Pmt Date Description Reference 22.03 0.00 06/17/2008 Floor Mats Fire Sation 1 22.03 19.43 0.00 06/17/2008 Floor Mats City Hall Annex 19.43 22.95 0.00 06/17/2008 Floor Mats Fire Sation 2 22.95 222.32 68.69 0.00 06/17/2008 Battery 91 Dodge Parks 68.69 68.69 55.26 0.00 06/17/2008 Portable Restrooms - Parks 55.26 110.52 0.00 06/17/2008 Portable Restrooms - Parks 110.52 55.26 0.00 06/17/2008 Portable Restrooms - Parks 55.26 75.26 0.00 06/17/2008 PortableRestrooms - Parks 7526 75.26 0.00 06/17/2008 Portable Restrooms - Parks 75.26 55.26 0.00 06/17/2008 Portable Restrooms - Parks 55.26 55.26 0.00 06/17/2008 Portable Restrooms - Parks 55.26 55.26 0.00 06/17/2008 Portable Restrooms - Parks 55.26 55.26 0.00 06/17/2008 Portable Restrooms - Parks Task Type PO # Close PO. No No No No 0000 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 2 Invoice # Inv Date W353923-IN Total: W353924-IN 06/04/2008 101-450-5200-44120 Rentals -Buildings W353924-IN Total: BIFFS Total: BURBBLAC Burberl Black Dirt, Inc. 10376 06/04/2008 101-430-3100-42250 Landscaping Materials 10376 Total: BURBBLAC Total: CENCOLLE Century College 00299691 06/06/2008 101-420-2220-44370 Conferences & Training 00299691 Total: CENCOLLE Total: Cindy s Cindy's Creative Celebrations 06/09/2008 204-450-5200-43150 Contract Services Total: Cindy s Total: COPYIMAG Copy Images, Inc. 97104 06/04/2008 101-410-1940-44040 Repairs/Maint Contractual Eqpt 97104 Total: COPYIMAG Total: CPTELECO CP Telecom 651-207-1000 05/01/2008 101-410-1940-43210 Telephone 651-207-1000 Total: 651-207-1701 05/01/2008 101-430-3100-43210 Telephone 651-207-1701 Total: CPTELECO Total: Amount Quantity Pmt Date Description Reference Task Type PO # Close PO_ 55.26 55.26 0.00 06/17/2008 Portable Restrooms - Parks 55.26 647.86 153.36 0.00 06/17/2008 Landscape Dirt 153.36 153.36 2,772.00 0.00 06/17/2008 Training - Fire Department 2,772.00 2,772.00 625.00 0.00 06/17/2008 Entertainment Retainer -Fall Festival 625.00 625.00 303.18 0.00 06/17/2008 Copy Machine Maintenance 303.18 303.18 516.95 0.00 06/17/2008 Telephone/Data Service - City Hall 516.95 437.64 0.00 06/17/2008 Telephone/Data Service - Public Works - 437.64 954.59 No No No No No No No 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (06/12/08 - 10:12 AM) Page 3 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POL DELUXE Deluxe Business Checks 31298005 06/05/2008 604.01 0.00 06/17/2008 Forms -Checks No 0000 101-410-1520-42030 Printed Forms 31298005 Total: 604.01 DELUXE Total: 604.01 EMERGAPP Emergency Apparatus Maint. 35986 05/28/2008 1,937.72 0.00 06/17/2008 Annual Inspection & Service 3186 No 0000 101-420-2220-44040 Repairs/Maint Contractual Eqpt 35986 Total: 1,937.72 36009 05/28/2008 945.00 0.00 06/17/2008 Annual Inspection & Service 3173 No 0000 101-420-2220-44040 Repairs/Maint Contractual Eqpt 36009 Total: 945.00 36010 05/28/2008 873.00 0.00 06/17/2008 Annual Inspection & Service 3183 - No 0000 101-420-2220-44040 Repairs/Maint Contractual Eqpt 36010 Total: 873.00 36011 05/28/2008 217.00 0.00 06/17/2008 Annual Inspection & Service 3178 No 0000 101-420-2220-44040 Repairs/Maint Contractual Eqpt 36011 Total: 217.00 36012 05/28/2008 217.00 0.00 06/17/2008 Annual Inspection & Service 3188 No 0000 101-420-2220-44040 Repairs/Maint Contractual Eqpt 36012 Total: 217.00 36013 05/28/2008 225.00 0.00 06/17/2008 Annual Inspection & Service 3187 No 0000 101-420-2220-44040 Repairs/Maint Contractual Eqpt 36013 Total: 225.00 36014 05/28/2008 1,040.00 0.00 06/17/2008 Annual Inspection & Service 3176 No 0000 101-420-2220-44040 Repairs/Maint Contractual Eqpt 36014 Total: 1,040.00 36015 05/28/2008 1,810.00 0.00 06/17/2008 Annual Inspection & Service 3175 No 0000 101-420-2220-44040 Repairs/Maint Contractual Eqpt 36015 Total: 1,810.00 EMERGAPP Total: 7,264.72 F.I.R.E. Rescue Education Inc Fire Instruct 05596 06/02/2008 270.00 0.00 06/17/2008 ICS Class 200 - No 0000 101-410-1110-44370 Conferences & Training 05596 Total: 270.00 F.I.R.E. Total: 270.00 HAWKINS Hawkins, Inc. 1190716 05/27/2008 722.31 0.00 06/17/2008 Flouride 601-494-9400-42160 Chemicals 1190716 Total: 722.31 No 0000 AP - To Be Paid Proof List (06/12/08 - 10:12 AM) Page 4 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POI HAWKINS Total: 722.31 HENNEN HENNEN SIDING INC 06/09/2008 98.95 0.00 06/17/2008 Permit Refund No 0000 101-000-0000-32210 Building Permits Total: 98.95 HENNEN Total: 98.95 JARDINE Jardine, Logan & O'Brien 68120 05/15/2008 897.50 0.00 06/17/2008 Civil Litigation No 0000 101-410-1610-43040 Legal Services 68120 Total: 897.50 JARDINE Total: 897.50 JOHNSTON Dean Johnston 06/11/2008 210.88 0.00 06/17/2008 Lodiging-Mayor's Conference - No 0000 101-410-1110-43310 Travel Expense Total: 210.88 JOHNSTON Total: 210.88 KDV Kern DeWenter Viere 82156 05/30/2008 10,419.50 0.00 06/17/2008 Financial Services - No 0000 101-410-1520-43150 Contract Services 82156 Total: 10,419.50 KDV Total: 10,419.50 Lansing Bret & Wendy Lanning 06/09/2008 725.00 0.00 06/17/2008 Refund on Variance App. - Not Required - No 0000 101-000-0000-34103 Zoning & Subdivision Fees Total: 725.00 Lanning Total: 725.00 LAW Technology Group Inc. Law Enforcem 11795 06/07/2008 607.18 0.00 06/17/2008 Software installation & update - No 0000 101-420-2220-42000 Office Supplies 11795 Total: 607.18 LAW Total: 607.18 AP - To Be Paid Proof List (06/12/08 - 10:12 AM) Page 5 Invoice # Inv Date LEOIL Lake Elmo Oil, Inc. B01203 05/31/2008 101-430-3100-42120 Fuel, Oil and Fluids B01203 Total: S01203 05/31/2008 101-420-2220-42120 Fuel, Oil and Fluids S01203 Total: LEOIL Total: MARONEYS Maroney's Sanitation, Inc 244426 06/03/2008 101-410-1940-43840 Refuse 244426 06/03/2008 101-420-2220-43840 Refuse 244426 06/03/2008 101-430-3100-43840 Refuse 241426 06/03/2008 101-450-5200-43840 Refuse 244426 Total: MARONEYS Total: MENARDSO Menards - Oakdale 48652 06/03/2008 101-450-5200-42250 Landscaping Materials 48652 06/03/2008 101-430-3100-42230 Building Repair Supplies 48652 Total: MENARDSO Total: METCOU Metropolitan Council 0000875322 06/03/2008 602-495-9450-43820 Sewer Utility - Met Council 0000875322 Total: METCOU Total: Minn NAH MINNESOTA NAHRO 03/05/2008 101-410-1320-44330 Dues & Subscriptions Total: Minn NAH Total: Amount Quantity Pmt Date Description Reference Task Type PO # Close PO), 4,531.80 4,531.80 1,271.10 1,271.10 5,802.90 103.09 45.37 103.09 197.77 449.32 449.32 0.00 06/17/2008 Fuel - Public Works 0.00 06/17/2008 Fuel Fire Dept. 0.00 0.00 0.00 0.00 06/17/2008 06/17/2008 06/17/2008 06/17/2008 Waste Removal - City Hall Waste Removal - Fire Waste Removal - Public Works Waste Removal - Parks 161.47 0.00 06/17/2008 Poly, Tape, & Bags 24.46 0.00 06/17/2008 Batteries Door Opener 185.93 185.93 1,081.72 0.00 06/17/2008 Monthly Wastewater Service July 08 1,081.72 1,081.72 45.00 0.00 06/17/2008 Registration Natl Assoc. of Housing 45.00 45.00 No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (06/12/08 - 10:12 AM) Page 6 Invoice # Inv Date MONOGRAM Monogramming Plus 20435 06/05/2008 101-410-1320-44300 Miscellaneous 20435 Total: MONOGRAM Total: NATLARBR The National Arbor Day Fdtn 06/09/2008 101-450-5200-44330 Dues & Subscriptions Total: NATLARBR Total: NATREPRO National Reprographics, LLC 55176 05/30/2008 101-410-1320-43090 Newsletter/Website 55176 Total: NATREPRO Total: NEXTEL Nextel Communications 761950227-062 05/26/2008 101-410-1940-43210 Telephone 761950227-062 05/26/2008 101-420-2220-43210 Telephone 761950227-062 05/26/2008 101-420-2400-43210 Telephone 761950227-062 05/26/2008 101-430-3100-43210 Telephone 761950227-062 05/26/2008 101-450-5200-43210 Telephone 761950227-062 Total: NEXTEL Total: OFFICEMX OfficeMax 293898 05/27/2008 101-410-1320-42000 Office Supplies 293898 05/27/2008 101-410-1910-42000 Office Supplies 293898 Total: OFFICEMX Total: Amount Quantity Pmt Date Description Reference Task Type PO # Close POL 29.82 0.00 06/17/2008 Uniform Shirts - Admin 29.82 29.82 15.00 0.00 06/17/2008 Annual Membership - Tree City 15.00 15.00 3.20 0.00 06/17/2008 City Council Packets converted to cd 3.20 3.20 120.95 165.52 59.61 99.84 112.74 558.66 558.66 0.00 0.00 0.00 0.00 0.00 06/17/2008 06/17/2008 06/17/2008 06/17/2008 06/17/2008 Cell Phone Service-Admin Cell Phone Service -Fire Cell Phone Service -Bldg Cell Phone Service -Public Works Cell Phone Service -Parks 291.08 0.00 06/17/2008 Office Supplies 60.99 0.00 06/17/2008 Toner Cartridge -Planning 352.07 352.07 No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (06/12/08 - 10:12 AM) Page 7 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POi ONECALL One Call Concepts, Inc Gopher Stat 8050603 05/31/2008 380.60 0.00 06/17/2008 Line Locates - May 08 101-430-310043150 Contract Services 8050603 Total: 380.60 ONECALL Total: 380.60 No 0000 PAI Parts Associates Inc. L03232280 05/27/2008 61.02 0.00 06/17/2008 Lock out tags & hardware - No 0000 101-430-3100-42150 Shop Materials L03232280 Total: 61.02 PAI Total: 61.02 PLUNKETT Plunkett's Pest Control 1145874 06/01/2008 59.11 0.00 06/17/2008 Pest Control Service -City Hall - No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 1145874 Total: 59.11 PLUNKETT Total: 59.11 POMPS Pornp's Tire Service, Inc. 859012 05/12/2008 650.22 0.00 06/17/2008 Tires Fire Truck 3188 No 0000 101-420-2220-44040 Repairs/Maint Contractual Eqpt 859012 Total: 650.22 POMPS Total: 650.22 PRESS Press Steven 06/11/2008 58.88 0.00 06/17/2008 Cable Operator 6/3-City Council No 0000 101-410-1320-43620 Cable Operation Expense 06/11/2008 58.88 0.00 06/17/2008 Cable Operator 6/9 - Planning No 0000 101-410-1910-43620 Cable Operation Expense Total: 117.76 PRESS Total: 117.76 Reserve Reserve Account Pitney Bowes 20313037 06/09/2008 500.00 0.00 06/17/2008 Postage - Admin 101410-132043220 Postage 20313037 06/09/2008 500.00 0.00 06/17/2008 Postage - Water 601-494-9400-43220 Postage 20313037 Total: 1,000.00 Reserve Total: 1,000.00 No 0000 No 0000 AP - To Be Paid Proof List (06/12/08 - 10:12 AM) Page 8 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POL Rivertwn RiverTown Newspaper Group 177872633 06/09/2008 28.00 0.00 06/17/2008 Annual Subscription -Lake Elmo Leader 101-410-1320-44330 Dues & Subscriptions 177872633 Total: 28.00 50035963 05/31/2008 11.80 0.00 06/17/2008 Legal Publishing 101-410-1320-43510 Legal Publishing 50035963 Total: 11.80 Rivertwn Total: 39.80 RIVRCOOP River Country Cooperative 141352 05/31/2008 103.50 0.00 06/17/2008 Fuel - Fire I 101-420-2220-42120 Fuel, Oil and Fluids 141352 Total: 103.50 141372 06/09/2008 6.38 0.00 06/17/2008 Vehicle Wash Ii. Bldg Dept. 101-420 2400-44040 Repairs/Maint Contractual Eqpt 141372 Total: 6.38 RIVRCOOP Total: 109.88 ROGERS Rogers Printing Services 15635 05/21/2008 47.93 0.00 06/17/2008 Forms -Building Permits 101-420-2400-42000 Office Supplies 15635 Total: 47.93 ROGERS Total: 47.93 RUD Prince-Rud Diane 6/24911 06/11/2008 465.00 0.00 06/17/2008 Cleaning - City Hall 101-410-1940-44010 Repairs/Maint Contractual Bldg 6/24911 06/11/2008 365.00 0.00 06/17/2008 Cleaning - City Hall 101-420-2220-44010 Repairs/Maint Contractual Bldg 6/24911 Total: 830.00 RUD Total: 830.00 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 SAMSCLUB Sam's Club 06/09/2008 2.94 0.00 06/17/2008 Supplies -Fire Dept. No 0000 101-420-2220-44300 Miscellaneous Total: 2.94 005230 06/09/2008 12.78 0.00 06/17/2008 Flowers for Flag Pole - No 0000 101-420-2220-44010 Repairs/Maint Contractual Bldg 005230 Total: 12.78 4532 06/09/2008 40.99 0.00 06/17/2008 Supplies -Fire Dept. - No 0000 101-420-2220-44300 Miscellaneous 4532 Total: 40.99 AP - To Be Paid Proof List (06/12/08 - 10:12 AM) Page 9 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POL SAMSCLUB Total: 56.71 SATELLIT Satellite Shelters, Inc. R123720 05/14/2008 587.88 0.00 06/17/2008 Pick-up Charges Mobile Office - No 0000 101-420-2400-44120 Rentals -Building R123720 Total: 587.88 SATELLIT Total: 587.88 SW/WC SW/WC Service Cooperatives 06/11/2008 457.50 0.00 06/17/2008 Premium Adjustment - Carol L. - No 0000 101-000-0000-21706 Medical Insurance Total: 457.50 SW/WC Total: 457.50 TASCH T.A. Schifsky & Sons 41116 05/27/2008 230.90 0.00 06/17/2008 Asphalt - No 0000 101-430-3100-42240 Street Maintenance Materials 44446 Total: 230.90 44519 06/03/2008 368.75 0.00 06/17/2008 Asphalt No 0000 101-430-3100-42240 Street Maintenance Materials 44519 Total: 368.75 TASCH Total: 599.65 TKDA TKDA, Inc. 00200801768 05/09/2008 675.15 0.00 06/17/2008 Leak Detection - No 0000 601-494-9400-42270 Utility System Maintenance 00200801768 Total: 675.15 TKDA Total: 675.15 USBANK US Bank Trust N.A. 06/01/2008 3,316.25 0.00 06/17/2008 Interest - 2002A GO Improvement Bond - No 0000 312-480-8000-46110 Bond Interest Total: 3,316.25 USBANK Total: 3,31625 Valley T Valley Trophy Inc. 36848 06/11/2008 47.50 0.00 06/17/2008 Firefighter Award - No 0000 101-420-2220-44300 Miscellaneous 36848 Total: 47.50 AP - To Be Paid Proof List (06/12/08 - 10:12 AM) Page 10 Invoice # Inv Date Valley T Total: VISA-SL VISA 0791 06/11/2008 101-410-1320-44370 Conferences & Training 0791 Total: VISA-SL Total: VISALE40 VISA 06/09/2008 101-420-2220-43310 Travel Expense Total: VISALE40 Total: XCEL Xcel Energy 51-4504807-7 101-450-5200-43810 51-4504807-7 602-495-9450-43810 51-4504807-7 101-430-3160-43810 51- 4576456-3 101-420-2220-43810 51-4733556-8 101-450-5200-43810 51-5044219-0 101-450-5200-43810 51-5275289-3 101-450-5200-43810 51-5356323-8 601-494-9400-43810 51-5522332-2 101-430-3160-43810 51-5747685-4 101-450-5200-43810 05/24/2008 Electric Utility 05/24/2008 Electric Utility 05/24/2008 Street Lighting 51-4504807-7 05/24/2008 Electric Utility 51-4576456-3 05/24/2008 Electric Utility 51-4733556-8 05/24/2008 Electric Utility 51-5044219-0 05/24/2008 Electric Utility 51-5275289-3 05/24/2008 Electric Utility 51-5356323-8 05/24/2008 Street Lighting 51-5522332-2 05/24/2008 Electric Utility 51-5747685-4 Total: Total: Total: Total: Total: Total: Total: Total: Amount Quantity Pmt Date Description Reference Task 47.50 35.00 0.00 06/17/2008 Sensible Land Use Coalition 35.00 35.00 217.82 0.00 06/17/2008 Lodging -Fire Dept. Training in Mankato - 217.82 217.82 153.53 63.70 27.42 244.65 0.00 0.00 0.00 06/17/2008 06/17/2008 06/17/2008 Lights - Legion Park Hudson Lift Station Traffic Lights - 100 Inwood 238.06 0.00 06/17/2008 Electric & Gas Fire Ststion 2 8.72 0.00 06/17/2008 Lights - Tennis Courts - Laveme 55.88 0.00 06/17/2008 Electric & Gas Parks Bldg 8.52 0.00 06/17/2008 Lights Pebble Park 1,547.49 0.00 06/17/2008 Wells 1 & 2 34.04 0.00 06/17/2008 Traffic Lights - Inwood 128.67 0.00 06/17/2008 Electric & Gas Art Center 238.06 8.72 55.88 8.52 1,547.49 34.04 128.67 Type PO # Close POI_ No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (06/12/08 - 10:12 AM) Page 11 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLL 51-5916043-7 05/24/2008 16.03 0.00 06/17/2008 34th Street Lift Station No 0000 602-495-9450-43810 Electric Utility 51-5916043-7 Total: 16.03 51-6429583-8 05/24/2008 14.70 0.00 06/17/2008 Legion Lift Station No 0000 602-495-9450-43810 Electric Utility 51-6429583-8 Total: 14.70 51-6433976-2 05/24/2008 255.51 0.00 06/17/2008 Gas & Electric - Fire Station 1 - No 0000 101-420-2220-43810 Electric Utility 51-6433976-2 Total: 255.51 51-6625457-1 05/24/2008 49.65 0.00 06/17/2008 Electric Legion Park - No 0000 101-450-5200-43810 Electric Utility 51-6625457-1 Total: 49.65 51-6736544-2 05/24/2008 1,727.00 0.00 06/17/2008 Street Lights - No 0000 101-430-3160-43810 Street Lighting 51-6736544-2 Total: 1,727.00 51-6928283-3 05/24/2008 26.20 0.00 06/17/2008 Traffic Lights Manning & Stillwater No 0000 101-430-3160-43810 Street Lighting 51-6928283-3 Total: 26.20 51-6956201-4 05/24/2008 176.59 0.00 06/17/2008 VFW Ballfield Lights No 0000 101-450-5200-43810 Electric Utility 51-6956201-4 Total: 176.59 51-7538112-1 05/24/2008 631.65 0.00 06/17/2008 Electric & Gas Public Works - No 0000 101-430-3100-43810 Electric Utility 51-7538112-1 Total: 631.65 51-8126093-5 05/24/2008 41.74 0.00 06/17/2008 Water Tower 2 - No 0000 601-494-9400-3810 Electric Utility 51-8126093-5 Total: 41.74 51-8711719-3 05/24/2008 9.60 0.00 06/17/2008 Speed Sign Hwy 5 No 0000 101-430-3160-43810 Street Lighting 51-8711719-3 Total: 9.60 XCEL Total: 5,214.70 ZACK Zack's, Inc. 24036 05/28/2008 97.10 0.00 06/17/2008 Parts, Sprayer Parts, Floor sweep No 0000 101-430-3100-42150 Shop Materials 24036 Total: 97.10 ZACK Total: 97.10 Report Total: 51,674.89 AP - To Be Paid Proof List (06/12/08 - 10:12 AM) Page 12 City Council Date: 4/1/08 CONSENT Item; 3 MOTION ITEM: Consider a request from Thomas DuFresne for an extension to a variance request that was approved on June 19, 2007 for 8961 371h Street North — R1 Zoning — PID 16-029-21-14-0907. SUBMITTED BY: Kyle Klatt, Planning Director REVIEWED BY: Susan Hoyt, City Administrator Kelli Matzek, City Planner SUMMARY AND ACTION REQUESTED The City Council is being asked to consider a request by Thomas DuFresne for a one-year extension to a variance that was granted for the property at 8961 37th Street North on June 19, 2008. The variance resolution of approval, which authorized the construction of a single family residential structure on a parcel that did not meet the minimum lot size and septic system requirements of the Zoning Ordinance, specified that the permit would expire one year from the date of the resolution. June 19, 2008 signifies the expiration of the variance, and to date, there has not been a structure built on the property. An extension has been requested because the property owner has not been able to proceed with the construction of a new home within the one-year time frame. Staff is not aware of any changes within the neighborhood that would require a re-evaluation of the variance or alter any of the original conditions of approval. The City Code does not establish a time limit for a variance approval to remain valid. It is very common for cities to establish an expiration date for permits as part of their zoning regulations; however, the Lake Elmo Zoning Ordinance does not include such a requirement for variances. In the recent past, the City has begun to include expiration dates in the resolution of approval for various permits. After reviewing this request with the property owner, both Staff and the applicant would like the Council to consider an 18 month extension as opposed to the one year extension noted in the attached letter. The additional time will allow the variance to remain valid through the 2009 building season. MOTION: Motion to grant approval of an 18 month extension to the variance issued for 8961 37th Street North. ATTACHMENTS (3): 1. Letter Requesting Extension 2. Resolution No. 2007-046 3. Aerial Photograph of Site May 20, 2008 cf V D MAY'1.g LOB To: Kyle Klatt. Planner For: Lake Elmo City Council Subject: Variance Extension Resolution No. 2007-046, 8961 37th Street North We are requesting a 1 year extension on Variance Resolution No. 2007-046„ We have not been able to proceed with construction of a home within the initial one year time frame. A copy of the resolution is enclosed for your reference. Thank you, 7artsrr SA' Thomas DuFresne 10777 Lansing Ave N, Stillwater, MN 55082 430 9166 CTTY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2007-046 A RESOLUTION APPROVING VARIANCES TO MINIMUM LOT SIZE, REQUIREMENTS IN 300.09 OF CITY CODE, AND CONSTRUCTION OF AN ON -SITE SEPTIC SYS 1 EM WITHIN AN AREA OF LESS THAN ONE ACRE AS REQUES IED BY THOMAS DUFRESNE AT 8961 37TH STREET NORTH WHEREAS, Thomas DuFresne has made application to the City of Lake Elmo for variances from the minimum lot size, requirements of 300.09 of City Code, and 1 acre minimum septic system area at 8961 37`h Street North, Lake Elmo, Minnesota. WHEREAS, the Lake Elmo Planning Commission considered the variance requests at its June 11, 2007, meeting, and recommended that the variances be granted based on the following Findings: 1. The septic location will satisfactorily meet environmental standards. 2. The character of the neighborhood will not be impacted by the proposed residential home and septic system as the property was previously utilized with a residential home and septic system. 3. The property is larger than many of the platted lots in the neighborhood currently being utilized for residential purposes. 4, The applicant was not responsible for the removal of the previously existing home for the property. WHEREAS, the Lake Elmo City Council has reviewed the variances requested by Thomas DuFresne, 8961 37'h Street North at the June 19, 2007 meeting. BE IT FURTHER RESOLVED, that the approval of the requested variance shall include the following conditions: 1. The variance shall expire one year from the date of resolution; City Council approval will be required for any subsequent extension. 2. Silt fencing shall be shown at the construction limits for the proposed house and driveway with a future building permit application. 3. The applicant shall agree to any conditions required by the City Engineer relating to the proposed septic design, area, and construction. 4. The applicant shall hook up to the municipal water system. ADOPIED by the Lake Elmo City Council on June 19, 2007. Dean A. Johnston, Mayor Al !EST: Susan Hoyt,`�City Adminis"lr -a City Council Date: June 17, 2008 CONSENT Item: °f MOTION ITEM: Approve of Change Order No. 1 for the Installation of SCADA System project. SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Susan Hoyt, City Administrator Mike Bouthilet, Public Works Superintendent Tom Bouthilet, Finance Director Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REQUESTED: The city council is being asked to approve Change Order No. 1 for the SCADA System project. Change Order No. 1 increases this contract in the amount of $3,364.00 to the revised contract amount of $69,519.00. Please refer to attachment no. 1 for further detail of this change order. The increased price is the cost of four MDS 1710A (130 — 174 MHz) radios to resolve the unforeseen communication issues on the project. The system was originally specified and installed to operate on a dedicated and licensed frequency band (930 MHz). Since the installation, the system is experiencing intermittent communication failures that have not been fully explained. The contractor completed the work in accordance with the contract and has subsequently conducted significant testing and troubleshooting in an effort to correct the intermittent frequency interruptions. With this change order, the contractor will be responsible to provide a reliable signal for uninterrupted service of the SCADA communications. Motion Move to approve Change Order No. 1 for the SCADA Project, thereby increasing this contract in the amount of $3,364.00 to the revised contract amount of $69,519.00. ATTACHMENTS 1. SCADA System Project Change Order No. 1 2. Telemetry and Process Controls, Inc. letter dated April 24, 2008 s [PC Telemetry and Process Controls, Inc. 11320 Upper 33rd. Street North, Lake Elmo, MN 55042 • Tel. (651) 430-0435 • Fax (651) 430-0783 April 24, 2008 Kenneth Snyder Engineering Specialist TKDA 444 Cedar Street, Suite 1500 St. Paul, Minnesota 55101 Re: Lake Elmo SCADA Ken, During the approval process TPC conducted a Computer Aided Radio Path Study from Tower-2 to Lift Station -I, Tower-2 to Tower-1, Tower-2 to Well-2, The finding of this study revealed no issues that would interfere with the radio signals. TPC installed the approved MDS 9710A radio with frequency in the 900 MHz (fixed) range. After the installation of the radios, the City started to see erratic communication alarms. TPC at that point started an investigation into the problem: • 1.) TPC went to every site and checked the antenna, connector and radio. This process was repeated a couple times. TPC's results indicated the problem was resolved. After a short period of time the communication failure occurred again. • 2.) TPC raised the antenna at each site and again the results indicated increased communication, and once again after a short period of time, communication failure occurred again. • 3.) This winter TPC replaced the current MDS 9710A (900 MHz) radio with a MDS 1710A (130 — 174 MHz) radio, which has a different frequency improving the signal strength, • 4.) This winter TPC also acquired a HP Spectrum Analyzer for this test to determine if there was interference with the City's frequency. TPC's study indicated some interference but nothing that should affect the strength of the signal. TPC is proposing that the City approve the purchase of the MDS 1710A (130— 174 MHz) radios to replace the existing MDS 9710A (900 MHz) radios. The cost breakdown is as follows: • TPC will provide the following: o Antennas o Connectors o Installation Labor o Coordination of FCC License Total Cost: $800.00 All Sites $100,00 All sites $3,360.00 All sites $840.00 $5,100.00 The above amount of $5,100,00 will be allowed as a "No Charge" to the City to resolve the current communication problems and give the City worry -free operation. SCADA & Telemetry For Utilities And Industry • The City of Lake Elmo will provide the following: o (4) MDS 1710A (130— 174 MHz) Radios $3,364,00 Please contact me with any questions you may have regarding the above. I look forward to hearing from you. Thank You, Dan Edison Sales/Marketing Telemetry and Process Controls, Inc. PH: 651-430-0435 Fax: 651-430-0783 DE/ma Telemetry and Process Controls, Inc. • Lake Elmo, MN 55042 Lake Elmo Parks Commission Commentary on Possible Lift Station Locations in Reid Park June 9, 2008 As per instructions from the Lake Elmo City Council, the Parks Commission discussed potential impacts and the desirability of constructing a sewer lift station in one of two sites in Reid Park at its public meeting on Monday, May 19, 2008. While acknowledging the geographical, topographical, and financial necessity to position a lift station in the area around Reid Park, the Parks Commission expressed its strong opposition to using parkland for non -park purposes. Canabalizing parkland for non -park purposes can be a financially attractive option at many points in a city's history (and all cities face this pressure), but such a practice not only degrades a unique resource in a city over time — many times in ways that are genuinely irreparable -- but also creates an environment in which future inappropriate uses of parkland becomes more and more possible. In coming decades, there will likely be significant pressure on future city councils to install cell phone towers, electrical and communications equipment, and other infrastructure (anticipated and unanticipated) in our city's parks as an easy way to save public funds. Such an approach can be very enticing to city leaders trying to serve as responsible stewards of the people's trust, but it poses an unacceptable risk to the long-term health, physical beauty, and usefulness of our parks and works directly against the ethic of conservation that informs the development and maintenance of our entire park and trail system. Unlike many renewable resources, once parkland is carved up — even gradually and for the most noble of purposes — it is truly lost to future generations. Every generation has to pay its awn way, but forward -looking cities acknowledge this responsibility and resist the temptation to steal non- renewable parkland from future generations in order to meet current needs. The Parks Commission, representing a diverse cross-section of the people of Lake Elmo, urges our City Council to take the long view of our parks and avoid incrementally carving them up as an expedient solution to contemporary challenges. Consistent with this reasoning, the Parks Commission favors construction of a lift station at "Site #3," located immediately to the east of, but outside, Reid Park. If, however, it becomes necessary to construct a lift station within Reid Park itself against the recommendation of the Parks Commission, the Commission favors the location designated as "Site #2" for the following reasons: • Site #2 would be located close to 30th Street North (providing easy and economical access for both initial construction and regular maintenance) and would be less detrimental to the appearance and function of the park itself. • Site #2 would not be in the direct line of sight of a neighbor of Reid Park whose house is located across the street but which faces east onto Legion Avenue North. • Site #2 would be more easily hidden by surrounding trees and brush. CHANGE OR DER TKDA Engineers-Archi tects-Plan nets Saint Paul, MN June 10 20,_08__, Proj. No.,,_,,,,_.._13593,000 ___ Change Order No. 't'o Telemetry & Process Controls. Inc. for_„ loslallationofScAIpA_S,ytstem for City of 1,akc Elmo Minnescle You are hereby directed to make the following change to your contract dated November 8 20 08 . The change and the work ttffected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (net'ebunge) the contract stun by __Lane Three Hundred Sixty Four and 00/100.................... ... . _,.,,,,,,.($- 3 364.(10 1. This change order provides for changes in the work of this contract for 4 MDS 1710A (130 - 174 MHz) radios to resolve the unforeseen communication issues on the project, The frequency band originally used (930 MHz) did not provide enough signal strength margin for reliable communications under all circumstances. If future communication failures occur, it is the Contractor's responsibility to provide a solution to resolve any additional communication issues. The City of Lake Etmo will not be required to purchase any additional equipment or pay for any additional studies to establish consistent communications for this project. NET CHANGE = $ 3,364DO AnountofOnginal Contract $ 66,1.55.00 Additions approved to date (Nos. ) $ D e&v tions apptuved to :kite (Nos. ) $ Col lrec( amount to date $ 66,155.00 Anount of this Change Order (Ada) (J dt44) (No -Change) $ 3,364.00 RevisedContmctAnotutt $ 69,519.00 Approved City of t alce Elmo. Minnesota Owner By 'I'KDA l 4L By �,- J ck W. Griffin, RE, ojcct Manager Approved Telemetry & Process Controls. Inc. Whi e- Owner Contractor Pink - Contractor 131m, •TKDA By City Council Date: 6-17-08 REGULAR Item: 5 Motion ITEM: Consider appointing a Second Alternate to the Planning Commission SUBMITTED BY: Sharon Lumby, City Clerk SUMMARY AND ACTION REQUESTED: The city council is being asked to appoint a second alternate to the Planning Commission. The City received two applications: Mike Pearson, 2805 Lisbon Avenue N., and Thomas Bidon, 5757 Manning Avenue N. Suggested motion for consideration: Move to appoint as Second Alternate to the Lake Elmo Planning Commission. ATTACHMENTS 1 Planning Commission applications City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 651.777.5510 Fax 777.9615 APR u 3 ZOOS APPLICATION FOR PLANNING COMMISSION APPOINTMENTS Date: V//�?r� Name de3' i Lc_ Vie e c` p Address 0•?R� r t-7 =6-,u4 tT's'e Phone Number psi-,'9e lots s j E:s, 1. What do you consider to be the major planning and development issues confronting the City of Lake Elmo? Tres a b : N •� i r c !r L - 'a r 2. What do you see as the role and function of the Planning Commission? .te r - f t4 re_ ly �. � + � ,eti 'ti' e cr. / 1-4 �1� may, { , bfit•-4 )N Na :'S l.�c..uP1�^tt cY .. C"".: J-. fi ..J ci. A��hh �E'cY c'eS4>'÷ CA e`{-.tl*a e' \ r -C✓ Q -7—l. as L. l 11.-, -d`<,: <.. 3. What experience and qualifications do you have that you feel will contribute to the Planning Coaunission's work and which will enable you to provide a service in this regard?r•/„ , c ✓n:7.4 A:: Y- f> f r 4.41-A er•e tSS -J-C3 r_ -14S) r e cr >.a -i"'1,� k2.-' r*� �'-�c.-� �. y-v , c•, �r.7�_ .j..- 1. �....., <.. c-„mow C. s .c..A Au •.,:,a�:..S.'S s.h. (f CI( v.. J- 4-J, ; RI k.- +lett.'° G..9 �+ti r c F+ .e..0- 3' -- iesr., a_ rt .%-1-hr.;_c j ..• $ct_.�j N ce-& P-fir Jr- .b�:. C;.. ('o wypc_'ir. e- pP(c. f-*yt.x-+„y C_ta .•r>�.-., SN:•ea-.. ir%C_;n+}3tr-'S ecr ha.Ja.. s5.'"`s fe..: .�=C_ilN. 4, How much time do you have, or are you willing to devote to Planning Commission activities? `^' c-c' -J- ee ; cA (•y c.�. �^ . +....+ J., .> ., r- 5 CE. :.s= c.ee Jc_ .. 7 ..a �.ss <.. `�. ',-..« .s c.f., •4- -•rv-. a ....�.- a .fie ca J rat. .0. ttt', 5. What property or development interest, either direct or indirect, do you have within Lake Elmo> lb % h wre. Q. Please complete and return to the City Office c.> .: ,✓c¢.i.°.s l...c. S cy / e-. �.•=5 J�c.:-'i" e+ ,-r_- / a'•� FMCS = _<..tc_.J4- City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 651.777.5510 Fax 777.9615 RECEIVED MAY / 2 2.00E .---- -, LAKE bE L M D APPLICATION FOR PLANNING COMMISSION APPOINTMENTS Date: %ai"/ 0 8' Name ! C!U(M fl .S 6 (do A) Address ,~i7s7 MA -AI AN %O0- I4-VL YU Phone Number W) 657 -A Si 0,16.4..144) 1. What do you consider to be the major planning and development issues confronting the City of Lake Elmo? TM Pit -MS -Wit/ /VC OEV( LOP44&Jt , 4 IM+ pNov& to Ay `thtt coo Nall1-- 2. What�}do you see as the role and function of the Planning Commission? £4ci'12OUNa /10 ./101316741 So1V/iure— 9— POnSONA-i 3. What experience and qualifications do you have that you feel will contribute to the Planning Commission's work and which will enable you to provide a service in this regard? k)ort.k&t s H/Aj/ 1.ev � / PUtit m- oe& AM 4 414so9-, /rr1/& kV, Oa. fiat( 1&-A4 4. How much time do you have, or are you willing to devote to Planning Commission activities? CuiM=r CV )Z / 5 N e a'sv4421 5. What property or development interest, either direct or indirect, do you have within Lake Elmo? kTho/E /.► % s'L r Jn-lac nolo derueio p w frit lit Sit44 E / e-te ii tf-..S //J P&-.s1 taut p Rov t 11iof2E 50r20 des b/US Tb6S Please complete and return to the City Office City Council Date: 6-17-08 REGULAR Item: G, Motion ITEM: Authorize hiring Design Forum to prepare conceptual schematic designs of park shelters SUBMITTED BY: Carol Kriegler, Project Assistant REVIEWED BY: Susan Hoyt, City Administrator Park Commission, (in progress) SUMMARY AND ACTION REQUESTED: The city council is being asked to authorize the hiring of Jerry Mazzara of Design Forum to do some conceptual schematic designs of park shelters. The firm proposes to provide several design schematics for a structure that will illustrate a pattern or theme of form and materials that will have future applications to park structures and elements. Our fee for these initial concepts will be $1,200.00. The purpose for this request was generated by the Park Commission's opportunity to receive a $7,000 grant from Lowe's for materials to build a park shelter as well as the Commission's interest in developing some park signs that provide the consistency and design elements reflective of Lake Elmo. The Park Commission is considering this proposal at its Monday meeting. The Jerry Mazzara of Design Forum was asked because Jerry has been involved in Lake Elmo architecture for some time including planning for the Village and the design of the PCA building behind Hagberg's. His familiarity and design sensitivity provide some assurance that he can cost effectively provide architectural design expertise. If approved, the park fund will cover the costs of this work out of its fund balance, which exceeds $1,000,000. Suggested motion for consideration Move to authorize the hiring of Design Forum Architect Jerry Mazzara to do conceptual schematic designs of park shelters with a patterns and themes for consideration in future architectural park elements for up to $1,200 from the Park Dedication fund. ORDER OF BUSINESS • Introduction Susan Hoyt, City Administrator • Report Carol Kriegler, Project Assistant • Questions to the presenter Mayor and Councilmembers • Questions/comments to the Mayor Mayor facilitates and Councilmembers • Call for a motion Mayor and Councilmembers • Action City Council City Council Date: June 17, 2008 REGULAR Item: 7. MOTION ITEM: Receive comments from the park commission on the possible lift station locations in Reid Park for the 1-94 to 30th Street Infrastructure Project, and select a preferred lift station site. SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Susan Hoyt, City Administrator Mike Bouthilet, Public Works Superintendent Carol Kriegler, Project Assistant Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REQUESTED: The city council is being asked to receive park commission comments on the possible lift station locations in Reid Park, Site No. 1 and Site No. 2. Staff is further requesting that the city council select a preferred lift station location for the project, among three sites, Site No. 1, Site No. 2, and Site No. 3, which will allow the design work on the project to be finalized. At the end of a presentation on the three lift station options, the city council directed the staff to ask the park commission for comments about the proposed locations, specifically those in Reid Park. The park commission comments were consolidated by the chair and are provided in Attachment 1.The commission's comments demonstrate a preference for Site No. 3 to avoid the use of park land for non - park purpose, both for this project and to avoid precedence for future projects. Site No. 2 is the most desirable of the three sites from an engineering/public works perspective. ADDITIONAL INFORMATION: Preliminary engineering work has identified three potential lift station locations in the vicinity of Reid Park. These locations were presented to the city council on May 6, 2008, and to the park commission on May 19, 2008. The locations selected and reviewed at this time provide a cost effective sanitary sewer system for both the initial capital costs and on -going operational costs; and provide the most functional and flexible trunk sewer system for servicing both new development and existing homes and businesses in the Village area. The alternative sites were selected after reviewing the general topography of the sewer service area as defined in the Lake Elmo Comprehensive Plan; generally locating the lift stations in the lowest topographic region to maximize the lift station service area. The area around the southern part of Reid Park provides the lowest topography, is City -owned, and is adjacent to the project corridor. The three sites identified for consideration were presented to both the city council and park commission: • Site Alternative No. 1: In the southwest corner of Reid Park; access from 30th Street, • Site Alternative No. 2: In the southeast corner of Reid Park: access from 30th Street, and • Site Alternative No. 3: In a City -owned parcel adjacent to the southeast corner of Reid Park. This site would require easement acquisition to accommodate the sewer pipe and the access driveway. Also, soil borings, a wetland delineation, and additional engineering work will be required to verify the feasibility of this site. 1 ASSESSMENT OF THE SITES All three sites are being presented for consideration and are potentially feasible options. Site No. 1 is the lowest initial cost option and provides the most functional sanitary sewer system. Site No. 2 is very similar to Site No. 1 in functionality at slightly higher costs. Site No. 2 has protected screening and provides easy access and is away from the active recreation area. Site No. 3 requires the city to obtain a fairly significant road and utility easement and will add another $175,000 to the project construction costs. This represents a 40% cost increase for the lift station facility. Additional cost must also be expended for the easement negotiations and additional engineering site assessment work. Site No. 3 may require condemnation proceedings if the necessary easement cannot be successfully negotiated. The site provides additional access and maintenance challenges for public works (snow plowing, entrance road maintenance, etc.). With Site No. 3, the "grassed" access road would not be a feasible option. Site No. 3 does not use city park land for a non -park use facility. RECOMMENDATION Motion for consideration: Move to select Site No. 2, or Site No. 3 for the location of the 1-94 to 30th Street Infrastructure Project lift station. SUGGESTED ORDER OF BUSINESS: Introduction Report by staff or other presenter Questions from city council members to the presenter Questions/comments from the public to the city council (a maximum of three minutes per question/statement) Call for a motion Discussion among city council members Action by the city council ATTACHMENTS: 1. Park Commission Report dated June 9, 2008 2. Map of Location of proposed sites 2 Susan Hoyt, City Administrator Jack Griffin, City Engineer Mayor and council members Mayor facilitates Mayor and Councilmembers Mayor and council members City council Lake Elmo Parks Commission Commentary on Possible Lift Station Locations in Reid Park June 9, 2008 As per instructions from the Lake Elmo City Council, the Parks Commission discussed potential impacts and the desirability of constructing a sewer lift station in one of two sites in Reid Park at its public meeting on Monday, May 19, 2008. While acknowledging the geographical, topographical, and financial necessity to position a lift station in the area around Reid Park, the Parks Commission expressed its strong opposition to using parkland for non -park purposes. Canabalizing parkland for non -park purposes can be a financially attractive option at many points in a city's history (and all cities face this pressure), but such a practice not only degrades a unique resource in a city over time — many times in ways that are genuinely irreparable -- but also creates an environment in which future inappropriate uses of parkland becomes more and more possible. In coming decades, there will likely be significant pressure on future city councils to install cell phone towers, electrical and communications equipment, and other infrastructure (anticipated and unanticipated) in our city's parks as an easy way to save public funds. Such an approach can be very enticing to city leaders trying to serve as responsible stewards of the people's trust, but it poses an unacceptable risk to the long-term health, physical beauty, and usefulness of our parks and works directly against the ethic of conservation that informs the development and maintenance of our entire park and trail system. Unlike many renewable resources, once parkland is carved up — even gradually and for the most noble of purposes — it is truly lost to future generations. Every generation has to pay its own way, but forward -looking cities acknowledge this responsibility and resist the temptation to steal non- renewable parkland from future generations in order to meet current needs. The Parks Commission, representing a diverse cross-section of the people of Lake Elmo, urges our City Council to take the long view of our parks and avoid incrementally carving them up as an expedient solution to contemporary challenges. Consistent with this reasoning, the Parks Commission favors construction of a lift station at "Site #3," located immediately to the east of, but outside, Reid Park. If, however, it becomes necessary to construct a lift station within Reid Park itself against the recommendation of the Parks Commission, the Commission favors the location designated as "Site #2" for the following reasons: • Site #2 would be located close to 30th Street North (providing easy and economical access for both initial construction and regular maintenance) and would be less detrimental to the appearance and function of the park itself. • Site #2 would not be in the direct line of sight of a neighbor of Reid Park whose house is located across the street but which faces east onto Legion Avenue North. • Site #2 would be more easily hidden by surrounding trees and brush, Map Date: May, 2008 Created By: TKDA NGAJERRS•kD' ETS'ELIMIS .' Lift Station Site Location Map Attachment for May 6, 2008 City Council Agenda Item I-94 to 30th Street Infrastructure Improvements TKDA Project No. 13857.000 Attachment No. 1 REQUESTED BY: SUBMITTED BY: REVIEWED BY: City Council Date: 6-17-08 Three (3) Ordinances NO public hearings Item: g ITEM: Consideration of three separate ordinances to address specific sign related issues as directed by the City Council City Council Ben Gozola, Senior Planner Susan Hoyt, City Administrator Kyle Klatt, Planning Director Jerry Fills, City Attorney SUMMARY AND ACTION REQUESTED: The three (3) ordinances being presented would amend the City's sign regulations to address the following: 1) Allowance of off -premises signs for seasonal sales businesses; 2) Allowance of off -premises advertising signs for land developments; 3) Ensuring seasonal sales businesses are a permitted use in the RR district. Council previously directed staff to undertake further revisions on the entire sign code once these specific issues had been addressed. BACKGROUND The following is a summary of the major questions that were asked which resulted in the three ordinances now being considered. • What did Council direct staff to do back in November of 2006? Council initially sought action on these sign issues on November 8, 2006. At that meeting, Council took action to amend the definition of "rural farm," and considered a proposal by Council member Smith to allow temporary off -site advertising for seasonal sales businesses provided they had permission to erect the sign from the private property owner, that the sign must be out of the right-of-way, that it not be up for more than 45 days, and that no permit required. The pros and cons of this suggestion were debated, and the issue was eventually tabled to be discussed at a future work session meeting. As minutes are not available for work session meetings, staff is unaware of any further sign direction or discussion until the issue once again became a priority in late 2007. • What is the status of the current Lake Elmo sign code? The current Lake Elmo sign code follows a classic format for municipal sign regulation that can be found in many communities today. Different types of signs are identified (i.e. real estate signs, advertising signs, nameplate signs, etc) and various specific regulations are established for each type of permitted sign. Unfortunately, this ordinance structure has been declared unconstitutional by the courts in numerous instances when challenged by an applicant. Regulating signs based on content (i.e. having different requirements for real estate signs than you do for nameplate signs) is unacceptable under the first amendment as municipalities cannot favor one form of speech over another. In other words, what the sign says cannot not be relevant to whether the sign is allowed, Because it was believed that the current code is vulnerable to a First Amendment challenge, staff initially recommended addressing the three main concerns within the context of overall changes to the entire ordinance. • Can the existing ordinance be amended as desired without undergoing a complete overhaul? Minor amendments to address the City's off -premises advertising desires will not lessen the existing concerns about potential First Amendment challenges to code. However, that is not to say the City cannot proceed with the desired amendments now and return to address the larger issues at a later point in time. Rather, the City just needs to understand how to protect itself in as much as possible if it chooses to allow certain types of off -premises advertising within the current code framework. According to the City Attorney, he would not recommend that off -premises advertising signs be allowed unless all businesses were given the ability to have such signage. However, to address the City Council's specific concerns outside of a complete ordinance overhaul, he believes a carefully crafted "purpose" statement could potentially be used as a vehicle to allow the desired off -premises advertising for agricultural sales businesses on the basis that such businesses are essential to the "preservation of rural character," and that such business cannot thrive without advertising allowances. The attorney did not come to the same conclusion regarding off -premises advertising for developments. • Is using a purpose statement to allow certain types of signs legally defensible? According to the City Attorney, the City could be open for a legal challenge to the ordinance, but there was no case law to indicate the desired changes couldn't be approved in an effort to protect a significant government interest (in this case protecting rural character). While "protecting rural character" can arguably be used to support the allowance of off -premises advertising for the City's agricultural businesses, it is harder to make such a connection for off -site real estate advertising signs. Given that the current best practices on signs would not allow off -premises advertising signs for specific business types, it is important for the City Council to continue its assessment of concerns that arise due to this approach including: o Is the Council comfortable that allowing off -site advertising for agricultural businesses is important to preserving the community's rural character? o Why should developments be allowed off -site advertising? What important public interest is being served, and/or how does such signage allow the city to protect its rural character? o If off -premises development signs can be supported as serving a vital public interest, how do we differentiate which rural developments can have signs? For example, can standard 10 and 40 acre subdivisions have signs? OP subdivisions? Cluster developments? Only developments creating a certain number of lots? o Can the city clearly find that the right to have off -site real estate development signs is not linked strictly to providing an economic benefit for developers or landowners? In assessing these questions, staff came to the conclusion that off -premises advertising for developments is difficult to support, so we are recommending that such provisions no longer be considered. Off -premises signs for agricultural sales businesses can be supported provided the City understands the associated risks. • Why the three proposed ordinances instead of an entirely new sign code? In January, Council directed staff to address all immediate concerns before undertaking a complete overhaul of the City's sign ordinance. This approach required staff to utilize the City Attorney's recommended option of amending the sign purpose section to support the desired changes. Two working discussions with the Planning Commission and one set of public hearings have resulted in the proposed ordinances currently before the Council. • What are the current best practices for signs codes? The accepted best practices for sign ordinances is to focus regulation on content neutral factors such as number, location, size, illumination and other physical characteristics that need to be regulated to protect public health, safety, and welfare. The ordinance must clearly indicate that it is not the intent to regulate the message displayed on any sign, and should provide a clear methodology for reviewing and approving signs. Inclusion of a "substitution clause" is also recommended to reinforce that signs are not being regulated based on content. Essentially the substitution clause allows any noncommercial message to be substituted for any other message type on a sign allowed by the ordinance. Staff has done everything possible to ensure changes currently being proposed can be integrated into a complete sign code overhaul in the future using current best practices. For example, the ordinance focusing on sign administration includes the recommended "substitution clause" as well as a "severability clause." The severability clause would ensure that if a portion of the sign ordinance were declared unconstitutional, that the remainder of the ordinance would maintain its legal standing. The second ordinance proposes many clarifications to existing definitions and terms that are badly needed independent of the work currently being done on the sign ordinance. The only work that may not transfer to the future ordinance will be the changes proposed by the third ordinance which deals with off -premises advertising. Future work on the new sign code will determine how and if such signs can continue to be allowed. Current Status: Staff gave consideration to comments from the public and the Planning Commission which resulted in the ordinances being presented for consideration. The three ordinances separate the main issues being considered into the following categories: 1. An ordinance to amend general sign regulations — permitting requirements, area and height computation language, and needed legal provisions; 2. An ordinance to amend agricultural sales uses — cleans up an abundance of different definitions to allow staff to authorize on and off premises signs for specific uses as desired by Council; 3. An ordinance regulating off -site advertising signs — establishes the new regulations on temporary signs, on -premises signs, and off -premises signs. The three proposed ordinances do not address all of the issues that would be examined with a complete sign code overhaul. For example, we did not analyze proper size restrictions for signs, impact on administrative and enforcement staff time, new lighting requirements or design standards for signs in general. However, the ordinances propose specific restrictions relating to the issues we are addressing. RECOMMENDATION: The City Council is asked to review the three attached executive summaries and ordinances, discuss the merits of each, and approve or deny the proposed language. Staff and Planning Commission recommendations for each ordinance are outlined in the executive summaries for the individual ordinances. ORDER OF BUSINESS: For each separate ordinance, staff suggests the following steps be followed: - Introduction Susan Hoyt, City Administrator Report by staff Ben Gozola, Senior Planner - Questions from the Council Mayor &Council Members Questions/Comments from the public Mayor facilitates - Consider a Motion (required for further discussion; does not imply approval of the motion Mayor facilitates Discussion Mayor facilitates - Action on motion Council - Consider a motion on the resolution for summary publication Mayor facilitates - Discussion Mayor facilitates - Action on motion Council ATTACHMENTS (9): 1. Legal opinion from Jerry Filla on sign questions posed by staff 2. Second legal opinion from Jerry Filla on off -premises advertising signs 3. Ordinance #1: Executive Summary explaining the ordinance to amend general sign administration; 4. Ordinance # 1 An ordinance to amend general sign administration; 5. Resolution for summary publication of Ordinance #1; 6. Ordinance #2: Executive Summary explaining the ordinance to amend agricultural sales uses; 7. Ordinance # 2 An ordinance to amend agricultural sales uses; 8. Resolution for summary publication of Ordinance #2; 9. Ordinance #3: Executive Summary explaining the draft ordinance to regulate off -site advertising signs; 10. Option A (recommended): An ordinance to regulate off -site advertising signs (does not allow for off -premises real estate development signs) 11. Option B: An ordinance to regulate off -site advertising signs (includes language to allow for BOTH off -premises real estate development signs) 12. Option C: An ordinance amend temporary and on -site sign provisions (does not allow for ANY off -premises signs) 13. Resolution for summary publication of the recommended Ordinance #3; E Peterson Jme P. Filla uaniei Witt Pram Glenn A. Bergman John Michael Oiler Michael T. Oberle Steven H. Bruns, Paul W. Fahning' Sonia R. Ortiz Amy K. L. Schmidt Ben I. Rust Jonathan R. Cuskey fared M. Goetlitz FRAM BERGMAN PROFESS ION al_ ASSOCIATION May 21, 2008 Susan Hoyt City Administrator City of Lake Elmo 3800 Laverne Ave. North Lake Elmo, MN 55042 Re: Lake Elmo Sign Regulations Our File No.: 11135.08-1 Susan: Suite B00 55 East Fifth Street St. Paul, MN 55101.171 B 16511791.8955 (651) 72& 1753 Facsimile www.pib•pa.com (651)290.6907 Iflia nfb-oa cgin You have inquired regarding the ability of the City to regulate and possibly differentiate between off premises temporary seasonal sales signs and other types of off premises advertising signs. Advertising signs contains messages about products or services that are offered for sale at locations other than the premises on which the sign is located. Advertising signs are a form of commercial speech. Commercial speech is protected by the First Amendment from unwarranted governmental regulation. The U.S. Supreme Court has developed a four point test to determine if a governmental regulation of commercial speech is constitutional: 1. Does the speech concern a lawful activity and is it not misleading? 2. Is the regulation justified by a substantial government interest? 3. Does the regulation advance the government interest? 4. Is the regulation more extensive than necessary to serve the government interest? Clearly the City has the authority to regulate off premises advertising signs. The protection of public safety and the elimination of unnecessary visual clutter are recognized as substantial government interests. The main question becomes: Can the City define a substantial government interest in a way that allows it to permit temporary off premises seasonal sales signs, but prohibit other types of off premises advertising signs? 'Alit) AI)MIITR) IN wlSCOMS.f. Susan Hoyt May 21, 2008 Page 2 In order to support different treatment of these types of off premises advertising signs, the City might rely on its goal of maintaining a rural character in the face of pending development, and argue that it allows off premises seasonal sales signs in order to further this goal. Unfortunately I can find no existing case law which identifies the goal of maintaining a rural character as a substantial government interest. However, the argument could be made if the City is challenged on this type of regulation. Based upon current case law, my specific recommendation is not to differentiate between types of off premises advertising signs, but to prohibit all of them. If the City chooses to allow temporary off site seasonal sales signs, the regulation should be specific as to time, placement and sign dimensions, and should be supported by a statement in the purpose section of the sign code. If you have any questions, please contact me. Very my yours, JPF/jmt March 24, 2008 Susan Hoyt Lake Elmo City Administrator 3800 Luverne Avenue North Lake Elmo, MN 55042 RE: Sign Regulations Dear Susan: Direct Dial #(651) 290-6907 jfilla@pfb-pa.com VIA EMAIL This correspondence should be read in conjunction with Mr. Gozola's email dated March 18, 2008: 1. Content Neutral. AContent neutral@ generally means that a regulation seeks to exact a control that is completely separate from the actual message that is conveyed. The focus of the regulation is on the time (when a message may be displayed), place (where a message may be displayed) and manner (how a message may be displayed, or the type of display structure) of the message. When a court reviews a content neutral sign regulation for constitutionality it applies an intermediate scrutiny standard, which looks at whether the regulation is substantially related to a significant government interest. Conversely, if a sign regulation is not content neutral, a reviewing court would apply a strict scrutiny standard. Under this test, to survive a constitutional challenge, a sign regulation must be justified by a compelling government interest; be narrowly tailored to achieve that interest; and be the least restrictive means of achieving that interest. Mr. Gozola illustrates three signs and asks whether they can be legally distinguished. At the present time, I don't think they are legally distinguishable. A regulation that applies to one will probably have to be applied to all of the illustrated sign types. Temporary Sian Interpretation. The following provisions of the Lake Elmo City Code need to be reconciled when considering where temporary signs can be located: Susan Hoyt March 20, 2008 Page 2 ■ Advertisina Sian. A sign that directs attention to a business or a profession or to a commodity, service or entertainment not sold or offered upon the premises, where the sign is located or to which it is attached (Lake Elmo Code Section 11.01). • Off Premises Advertisina Sians. Off premises advertising signs except as regulated in Sections 151.115 et. seq. (these types of signs are prohibited in all zoning districts of the City -Lake Elmo Code 151.120(B)(3)). • Temporary Sians., Temporary signs may be allowed for special business events, such as business openings and closings, change in management, district -wide shopping events or other special occasions for fifteen (15) days maximum, by permit from the City Planner. The City may grant a permit to locate signs or decorations on, over or within the right-of-way for a specified period of time. (Lake Elmo Code Section 151.118(3)(5)). A reviewing court would attempt to interpret the above City Code Sections in a manner that makes sense of all of the provisions. When I attempt to reconcile the above City Code Sections, I conclude: A. A temporary sign located off the premises of the entity identified on the face of the sign is an off premises advertising sign and is prohibited. B. Since the City clearly did not intend to prohibit temporary signs, it must have intended that the temporary sign would be located only on the premises of the business identified on the face of the sign. A person can obtain a temporary permit for a'maximum of fifteen (15) days. Unfortunately, the City Code does not indicate whether it's fifteen (15) consecutive days; or fifteen (15) days per month; or fifteen (15) days per year. Obviously, this part of the code needs to be clarified. D. I have no idea as to what was intended by the phrase "district wide shopping event". E. The last sentence of Section 151.118 (B) (5) could be construed to apply to city, county, and state roads. However, I would interpret it to mean city roads because the city does not the have the authority to regulate the use of county or state roads. Susan Hoyt March 20, 2008 Page 3 3. Impact of chanaina code to allow off -site advertisina sians for seasonal sales or real estate developments. If the City allows temporary off -site advertising signs for seasonal sales and real estate development but, does not allow other businesses to use off -site temporary advertising signs, its regulation could be challenged by other businesses as being unconstitutional because they would be denied equal protection of the law. I n regard to seasonal sales signs, the City might try to expand the purpose section of the Sign Code to illustrate why seasonal sales of agricultural and horticultural products help the City maintain its image of rural character and to indicate why the use of temporary seasonal sale signs is important to support this concept but it would still be subject to some risk of litigation. However, I could find no case law to support the view that maintaining the rural character of a city is a significant government interest but, the argument could be made if the purpose sections are carefully tailored. If you have any questions, please contact me. Very truly yours, Jerome P. Filla JPF:as c: Ben Gozola Kyle Klatt City Council Date: 6-17-08 NOT a public hearing Item ea • ITEM: Consideration of an ordinance to amend the administrative language governing signs in Lake Elmo REQUESTED BY: City Council SUBMITTED BY: Ben Gozola, Senior Planner REVIEWED BY: Susan Hoyt, City Administrator Kyle Klatt, Planning Director Jerry Filla, City Attorney SUMMARY AND ACTION REQUESTED: The City Council is asked to review an ordinance to update the administrative language governing signs in Lake Elmo. The main issues addressed by this ordinance include: 1. The application process for permanent signs vs. temporary signs. During their review of this ordinance, the Planning Commission identified a need to create a less intensive application process for temporary signs and to make the application/review process for temporary signs less formidable. As proposed, applications for permanent signs will require detailed engineering plans showing location, structural integrity, etc, Applications for temporary signs primarily require general site plans to show location and sign dimensions. 2. Determination of sign "area" measurement. Current city code does not define how the size of a sign is to be calculated. This new section ensures all signs will be measured in a uniform manner. 3. Determination of sign "height" measurement. Like sign area, the current city code is silent on how to calculate sign height. This new section ensures the height of all signs will be measured in a uniform manner. 4. Severability clause. The proposed "severability clause" will ensure that if a portion of the sign ordinance was ever struck down, that the remainder of the ordinance would still remain legally in place. 5. Substitution clause. The proposed "substitution clause" gives any property owner the right to substitute non-commercial speech in lieu of permitted commercial signage if desired. The substitution clause is an important component in modern sign codes to ensure the ordinance is constitutional, and to reinforce that the city is not regulating signs based on content. Why are these chances being made? All of the changes proposed by this ordinance will be integrated into the major sign code overhaul being completed in the coming months, Incorporating these changes into the existing ordinance at this time adds needed clarification to the interim code, and adds additional defensibility against legal challenges at this time. RECOMMENDATION: Both staff and the Planning Commission are recommending approval of the proposed ordinance. No objections to the ordinance were raised during the public hearing. ORDER OF BUSINESS: - Introduction Susan Hoyt, City Administrator Report by staff Ben Gozola, Senior Planner Questions from the Council Mayor & Council Members Questions/Comments from the public Mayor facilitates - Consider a Motion (required for further discussion; does not imply approval of the motion Mayor facilitates Discussion Mayor facilitates - Action on motion . Council - Consider a motion on the resolution for summary publication Mayor facilitates - Discussion Mayor facilitates - Action on motion Council ATTACHMENTS (2): 1. Draft ordinance to amend the administrative language governing signs in Lake Elmo. 2. Resolution for summary publication of Ordinance #1. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO, 08- OC.j AN ORDINANCE TO AMEND GENERAL SIGN REGULATIONS Section 1. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby amended to add the following definitions: "Permanent Sian" - A sign constructed of durable materials designed to exist for the duration of time that the use or occupant is located on the premises. "Temporary Sian"- Any sign intended for display over a short period of time. Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 151.116 is hereby amended to read as follows: Section 151.116 PERMIT REQUIRED (A) All -signs -require a a''. rm a 14l. ;. ' c G-gY- �;: 5-�� No sign shall be erected. altered. reconstructed, maintained or moved in the city without first securing a permit from the city. The content of the message or speech displayed on the sign shall not he reviewed or considered in determining_ whether to approve or deny a si permit. (B) Permanent Signs. A sign permit applittat c e a ling *' l ri g G Illa a permanent sign ;i=rxi�rniiztioi,a 'n' vc n"-..vdn ^rcn�Ti�j---imni�lo apply for permit, a complete annlication shall be submitted to the City containing. the following: 1-A dfaw-ing-ef-tlie-pfepased-sign, or signs -sla&wi dimcnsiens-a i4 desenbi 3g-rnttte£iMara-lc^icefing;- eIers, illuminati.,rr,-and-- ppeft systems 2.Phetegraphs-of thy; uitt -faec and tlhc +ildin -err heth-adjaeont bnilitingat 3.A drawing of-the-b tildiag-l+ee-and-site plan -showing th;: iaeatien of the propesed-sign(-ice sary; 1.A cross „ection-oi=lhebuilding -t ant -hew the -sign will -be -attached and -how far it will extend from the ba ild ng Page 1 of 5 5,An} pioter-al reolloEetlic rferrnation that the sign is :f hist srlc�tl significance or is a rep edewt4en-oc-an-histeris sign an ppra4+stte;and 6.A built-ng-sign--Plan liar a building with-; e-tar ee-husiaess; showing all sign,. 1. Names and addresses of the applicant, owners of the sign, and 1o1: 2. The address at which the signs) are to be erected: 3. The legal description of the property on which the signs) are to be erected and the street on which they are to front: 4. A complete set of sealed plans showing the sien dimensions, area. height. ground elevations, applicable setbacks, and other details to fully and clearly represent the safe construction and placement of the nronosed sign(s); 5, Tyne of sign(sl being rectuested (i.e. wall sign. monument sign, etc.): 6. The permit fee: and 7. The following if applicable: a. Written authorization from the property owner upon who's land the sign is to he erected. b. A Hermit from either MnDOT or Washington County if the nronosed sign is along a state highway or county road. c. A sign plan showing signs for all businesses if the sign is located on a building with more than one business. d. Photographs of the building face and the building faces oChoth adjacent buildings if the sign is being placed on an existing structure. e. If replacing a historical sign, pictorial nroof or other information that the sian is of historical significance or is a reproduction of a historic sign. (C) Temnorary Signs. To annly for a permit to allow a temporary sign. a complete application shall he submitted to the City containing the following: 1. Names and addresses of the applicant. owners of the sign, and lot: 2, The address at which the sign(s) are to be erected: 3. A generalized plan set showing the sign dimensions and height. and a notation of the materials to he used. Page 2 of 5 4. A scaled site nlan which clearly represents the placement of the proposed sign(s) on the applicable nronerty: 5. The proposed timeframc(s) over which the sign(s) will be posted: 6. The Hermit fee: and 7. The following if applicable: a. Written authorization from the properly owner upon who's land the sign is to be erected. b. A Hermit from either MnDOT or Washington County if the proposed sign is along a stale highwav or county road, (I)1 Te noorary Sign Renewal. A temporary sign permit issued by the City may be renewed provided the sign design. size, location. or other previously approved details arc not proposed to change. A skin renewal application shall include the following: 1. Names and addresses of the applicant. owners of the sign, and lot: 2. The address at which the sign(s) are to be erected; 3. The date of issuance of the permit being renewed: 4. The proposed timeframe(s)over which the sign(s) will be posted: 5. Written authorization from the property owner upon whose land the sic_ n is to be erected (if applicable): and 6. The permit renewal fee. (El Review. The planning department shall approve or deny complete sign Hermit applications upon receipt of a complete application. If the Hermit is denied. the planning department will send a written notice of denial to the applicant. The written notice will indicate the reasons) for denial and a description of the applicant's appeal rights. Page 3 of 5 Section 3. The City Council of the City of Lake Elmo hereby ordains that Section 151.118 is hereby amended to read as follows: Section 151.118 SIGNS; GENERALLY. (A) The following provisions apply to signs located in all zoning districts. Current Section 15 1.118, subdivision (B)(1) through (12) and its subdivisions are restated and incoroorated herein without change. (13) Computations. Dimensions of signs shall he calculated in the following manner: a. Sign Arca Measurement. The area of a sign shall be comnuted by means of the smallest rectangle within which a single sitzn face can he enclosed. When a sign has two hack -to -back sign faces containing sign cony, the sign area for lust one face is counted toward the allowed sign area. Poles, bases, and other supports shall not he included in the sign area calculation. h. Sign Height Measurement The height of the sign shall he computed as the vertical distance measured from the average grade at the base of the sign to the ton of the highest attached component of the sign. Figure 2: Sion Height Measurement Height of sign from average grade to the sign top Page 4 of 5 Figure 1: Sign Area Measurement CHANNEL = J LEITERS .' Width + - midpoint of average grade Section 4. The City Council of the City of Lake Elmo hereby ordains that Section 151.125 is hereby added to read as follows: Section 151.125 SUBSTITUTION CLAUSE. The owner of any sign which is otherwise allowed by this sign ordinance may substitute non-commercial speech signs in lieu of any other commercial speech sign or other non-commercial speech sian. The nurnose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial snecch. or favoring of anv particular non-commercial speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary. Section 5. The City Council of the City of Lake Elmo hereby ordains that Section 151.126 is hereby added to read as follows Section 151.126 SEVERABILITY. If any section. subsection, sentence. clause, or phrase in sections 151.115 through 151.125 are for anv reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Sian Ordinance. The City Council hereby declares that it would have adopted the Sign Ordinance in each section, subsection. sentence, or phrase thereof. irrespective of the fact that any one or more sections. subsections, sentences, clauses. or phrases be declared invalid. Section 6. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. was adopted on this day of , 20 , by a vote of Ayes and Nays. Mayor Dean Johnston ATTEST: Susan Hoyt City Administrator This Ordinance No. was published on the day of , 2008. Page 5 of 5 CITY OF LAKE ELMO RESOLUTION NO. 2 00 8- a 6)8 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08.006-BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lake Elmo has adopted Ordinance No. an ordinance to amend general sign regulations for the City of Lake Elmo; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes. section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Lake Elmo, that the city administrator shall cause the following summary of Ordinance No. published in the official newspaper in lieu of the entire ordinance: to be Public Notice The City Council of the city of Lake Elmo has adopted Ordinance No. . The ordinance makes changes to the application process for permanent and temporary signs, spells out the specific ways in which the city will calculate sign height and sign area, and adds legal language to protect the ordinance against lawsuits and to allow noncommercial speech in lieu of permitted commercial signage if desired. The full text of Ordinance No. is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean Johnston BE IT FURTHER RESOLVED by the city council of the city of Lake Elmo that the city administrator keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: , 20 ATTEST: Susan Hoyt City Administrator (SEAL) Mayor Dean Johnston The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. City Council Date: 6-17-08 NOT a ublic hearing Item -We,. ITEM: Consideration of an ordinance to amend agricultural business definitions and regulations REQUESTED BY: City Council SUBMITTED BY: Ben Gozola, Senior Planner REVIEWED BY: Susan Hoyt, City Administrator Kyle Klatt, Planning Director Jerry Filla, City Attorney SUMMARY AND ACTION REQUESTED: The City Council is asked to review an ordinance to clarify allowed agricultural sales uses in the City of Lake Elmo. Current city code contains references to numerous land uses that allow sales of agricultural goods. Unfortunately, some of these uses are defined while others are not, and each use is typically only allowed in one zoning district (even though the operations can typically be found throughout the City). This effort is intended to simplify the existing agricultural sales uses into three categories, and to ensure those uses are allowed or conditionally permitted in the proper zoning districts. These clarifications, in turn, will then be used to complete the requested interim changes to the sign ordinance. What are the current land uses that allow for the sale of aaricultural goods? The terms in code that staff identified as allowing the sale of agricultural goods (or having an impact on such sales) include: • "Agriculture" — The production or sale of livestock, dairy animals, dairy products, fur - bearing animals, horticultural and nursery stock, fruits of all kinds, vegetables, forage, grains, bees, and apiary products. • "Common Gardens" — Land used by residents of a development for the production of trees, vegetables, fruits, and flowers. • "Community Service Agriculture" — Horticulture and floriculture that serves the local area. • "Farm, Rural" — The portion of a 10 or more acre parcel of land in the Rural Residential Zoning District which is devoted to agriculture by the property owner or by a lessee of the property owner. • "Farm, Suburban" — A suburban farm is a non-commercial, food -producing use primarily intended for the use of the residents, and usually on less than 10 contiguous acres. Suburban agricultural uses may include production of crops such as fruit trees, shrubs, plants, flowers, vegetables, and domestic pets. • "Floriculture" — The cultivation and management of ornamental and flowering plants for sale on site from a wayside stand. • "Horticulture" — The cultivation and management of trees, plants, grasses, vegetables, and fruits for sale on site from a wayside stand. • "Open Sales Lots" — Lands devoted to the display of goods for sale, rent, lease, or trade, where the goods are not enclosed within a building. • "Seasonal Open Sales Lot" — currently has no definition in code. Under permitted uses in the "A" district, seasonal open sales lots are described as being for "sales [of] agricultural and horticultural products produced on the premises." When read with the definition of "open sales lots," one concludes that agricultural and horticultural products must be sold from an open lot and not within a structure. • "Wayside Stand" — A structure used for the seasonal retail sale of agricultural goods, floriculture, and horticulture produced by the operator of the wayside stand on site or on other property in Lake Elmo. How are these terms currently used in city code? The following table illustrates the zoning district in which each of the uses can be established, restates what the use allows, and indicates if the use is permitted or conditionally permitted. Commercial Agriculture or Horticulture: Common Gardens Community Service Agriculture Rural Farm A, RR, OP Unlisted Unlisted A, RR Suburban Farm A, RR, OP Floriculture2 OP Horticulture2 A, RR, OP The use of land or buildings for the sale, lease, rental, or trade of products, goods, and services Common use of land for the production of trees, vegetables, fruits, and flowers. Defined as horticulture and floriculture that serves the local area. Produce or sell livestock, dairy animals, dairy products, fur -bearing animals, horticultural and nursery stock, fruits of all kinds, vegetables, forage, grains, bees, and apiary products Non commercial production of crops such as fruit trees, shrubs, plants, flowers, vegetables, and domestic pets. Cultivation and management of ornamental and flowering plants Cultivation and management of trees, plants, grasses, vegetables, and fruits 0 a. I — Permitted' Unlisted Unlisted Permitted Permitted Conditionally Permitted Permitted' Agriculture is currently permitted in the A, RR, and OP zoning districts. However, in OP, horticultural services (which by current definitions are part of Agriculture) is a conditionally permitted use. This ordinance will propose a fix to this conflict. 2 Horticulture is currently allowed in the "RR" zoning district via the terms "agriculture" and/or "rural farm." "Floriculture" is only allowed in OP as the term does not appear in the definitions for "agriculture" or "rural farm," and it is only listed as a permitted use in the OP district. This will also be addressed with this ordinance. Open Sales Lots Seasonal Open Sales Lot Wayside Stand co O w 0 o ro = Sell, rent, lease or trade goods from an open lot. No goods may be enclosed within a building. Sell agricultural and horticultural products produced on the premises in an open field Permitted (no goods within a building). Sell goods produced by the operator of the stand on -site or on other property in LE. Goods must be sold from a structure. Conditionally Permitted What types of operations currently exist (or have historically been used) in Lake Elmo? Given discussions to date and staff's research on the history of these uses, we suggest the following are the main uses pertinent to Lake Elmo: 1. Commercial agricultural operations — farms operated for the growing and selling of agricultural products. 2. Non-commercial agriculture — the non-commercial production of crops such as fruit trees, shrubs, plants, flowers, and vegetables (essentially the definition of "suburban farm" less a provision for breeding domestic pets). 3. Agricultural Sales Businesses — a permanent operation for the on -site sale of agricultural products produced on the site. Such businesses can be focused primarily on the sale of products produced on -site, while others tend to branch out to include commercial entertainment ventures (hay rides, corn mazes, haunted barns, etc). 4. Wayside Stands — temporary sales of agricultural products on private property typically from the back of a truck (Le. sweet corn sales). What conclusions were reached by the Plannina Commission in reviewing existing code definitions? Both staff and the Planning Commission are recommending the following changes: 1. Unused definitions should be eliminated. For example, "Common Gardens" and "Community Service Agriculture" define uses that are not listed anywhere within the current city code. Additionally, both uses are arguably already defined under other terms. Removing unneeded definitions will increase clarity of the current code. 2. Definitions for agriculture, horticulture, and floriculture should simply describe the practice and not whether sales can occur. All three terms should refer to the production of certain goods and nothing more. Separate terms can be used to define how agriculture, horticulture, and floriculture products can be sold; and those terms can be defined as permitted or conditionally permitted to determine where sales can and cannot occur. 3. A new "Agricultural Sales" definition should be added. This new definition can define the permanent yearly businesses that sell agricultural, horticultural, or floricultural goods from the same location year in and year out during the various seasons of the year depending upon the products being produced on the site (typical seasons are summer flowers, fall pumpkins, and winter Christmas trees). 4. A new "Agricultural Entertainment Business" definition should be added. This new definition is needed to define those agricultural sales businesses that —due to the nature of their activities —are more akin to a large commercial/entertainment operation than a traditional roadside stand for the selling of fruits, vegetables, and flowers. Examples of activities typically associated with an "agricultural entertainment business" include active farm tours, hay rides, petting farms, haunted barns, etc. 5. "Agricultural Sales" should be classified as a permitted use, while "Agricultural Entertainment" should be conditionally permitted. In the "A" and "RR" zoning districts, agricultural sales are proposed to be permitted while agricultural entertainment is proposed to be conditionally permitted. Performance standards for agricultural sales businesses are proposed to be added to section 154.110 to give the city a level of assurance that such businesses will not impact surrounding properties. Likewise, a number of conditions must also be met in order to gain approval for new agricultural entertainment businesses. 6. The definition for Wayside Stand should be adjusted, and no time -frame should be established for such uses. Our background research on this subject indicates a "wayside stand" is envisioned to be the small stand or truck which offers the sale of a small number of fruits or vegetables for no more that a few days at a time. If we are correct in our understanding, the definition should reflect that intent and the use should be allowed in all proper zoning districts (not just OP which is scattered throughout the City). Additionally, the commission was against placing any time limitations per week on these types of facilities, so all such requirements have been eliminated. RECOMMENDATION: Both staff and the Planning Commission are recommending approval of the proposed ordinance. No objections to the ordinance were raised during the public hearing. ORDER OF BUSINESS: - Introduction Report by staff - Questions from the Council Questions/Comments from the public Susan Hoyt, City Administrator Ben Gozola, Senior Planner Mayor & Council Members Mayor facilitates Consider a Motion (required for further discussion; does not imply approval of the motion Mayor facilitates - Discussion Mayor facilitates - Action on motion Council - Consider a motion on the resolution for summary publication Mayor facilitates - Discussion Mayor facilitates - Action on motion Council ATTACHMENTS (2): 1. Draft ordinance to amend agricultural business definitions and regulations. 2. Resolution for summary publication of Ordinance #2. CITY OF LAKE ELMO RESOLUTION NO.0003 - Oaq RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO.U�j- DO& BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lake Elmo has adopted Ordinance No. an ordinance to amend general sign regulations for the City of Lake Elmo; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes. section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Lake Elmo, that the city administrator shall cause the following summary of Ordinance No. published in the official newspaper in lieu of the entire ordinance: to be Public Notice The City Council of the city of Lake Elmo has adopted Ordinance No. . The ordinance makes changes to the application process for permanent and temporary signs, spells out the specific ways in which the city will calculate sign height and sign area, and adds legal language to protect the ordinance against lawsuits and to allow noncommercial speech in lieu of permitted conunercial signage if desired. The full text of Ordinance No. is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean Johnston BE IT FURTHER RESOLVED by the city council of the city of Lake Elmo that the city administrator keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: , 20 . ATTEST: Susan Hoyt City Administrator (SEAL) Mayor Dean Johnston The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- 00(0 AN ORDINANCE TO AMEND AGRICULTURAL BUSINESS DEFINITIONS AND REGULATIONS Section 1. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby amended to add the following definition: "Agricultural Entertaimnent Businesslraoii" — An agricultural sales business that combines the elements and characteristics of agriculture and tourism, which is not necessarily located in an existing building. Examples of agricultural entertainment include: corn mazes, hay rides, sleigh rides. petting farms. on farm tours. agricultural related museums. demonstrations of farming practices, techniques and methods. fee based fishing and hunting, horseback riding, nature trails. haunted barns and similar activities which are related to agriculture. "Agricultural Sales Business" — The retail sale of fresh fruits, vegetables, flowers. herbs, trees. or other agricultural, floricultural. or horticultural products produced on the premises. The operation may he indoors or outdoors, include pick -your -own opportunities. and may involve accessory sales of unprocessed foodstuffs: home processed food products such as lams, lathes. pickles, sauces: or baked goods and home- made handicrafts, The floor area devoted to the sale of accessory items shall not exceed 25 percent of the total floor area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold as accessory items. No activities other than the sale of goods as outlined above shall be allowed as part of the agricultural sales business. Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby changed to amend or eliminate the following definitions as shown: "Agriculture" — The production or -sale -of livestock, dairy animals, dairy products, fur - bearing animals, horticultural and floricultural nursery stock, fruits of all kinds, vegetables, forage, grains, bees, and apiary products. " ,emrnert-{gardens" Land ::sad by -residents o} t de tepment-fe trees, vegetables, fr-Nits; and flowers. "Cesaniam4--Ser-viceAgricu+lture" I-IoFtietilture-arc#-flo ieu-t-kre-that-ser s-t e-locxtl area Page 1 of 6 "Farm, Rural" — The portion of a 10 or more acre parcel of land in-tic P,ura'l Residential Zaning g Diat-riet-which is devoted to agriculture by the property owner or by a lessee of the property owner. "Floriculture" — The cultivation and management of ornamental and flowering plants -fey sale -on— it F, de stand. "Horticulture" — The cultivation and management of trees, plants, grasses, vegetables, and fruit -fez sal; a n „ite-%frena-a-waysi -e-sand. "Wayside Stand" — A temporary structure or vehicle. used for the seasonal retail sale of agricultural goods produced by the operator of the wayside stand on -site or on other property in Lake Elmo. Section 3. The City Council of the City of Lake Elmo hereby ordains that Section 154.033 (Agricultural Use Regulations) subsections (A) and (B) are hereby amended as follows: (A) Permitted uses and structures. (1) Farm, suburban or rural; Goinmere•iel-agyieult-ura and--hortic-t1ture (2) Poultry facilities meeting state and federal regulations; (3) Farm buildings; (4) Farm drainage and irrigation systems; (5) Forestry meeting state and federal regulations; (6) One farm dwelling per farm (also see §§ 154.091 and 154.105); (7) One non -farm dwelling per each 40 acres, or part of a dwelling on a prorated basis, not already containing a farm or non -farm dwelling, provided: (a) The dwelling unit is located on a separate parcel of record in the office of the County Recorder and/or County Auditor, which shall be at least 1- 1/2 acres in size; (b) The parcel on which the dwelling unit is located must have at least 125 feet of frontage along a public street, be rectangular in shape and no dimension to be greater than 3 times the other; and (c) The dwelling is separated by at least 300 feet from the nearest farm building. Page 2 of 6 (8) Wayside stands Seasonal -pope lee--l„A ;eultt,tal a ' her:4euliural produefs-predueed-en-the-premises; (9) Agricultural sales businesses subject to performance standards outlined in section l 54.110; andPick your < e sales -operation -for products grown on-t e-preeli-sesand (10) Joint ownership of property or ownership by association or rental for the purpose of providing private gardens or forest plots to its members or lessees. (B) Uses permitted by conditional use permit. (1) Greenhouses; (2) Kennels; (3) Stables; (4) Commercial recreation of a rural nature, including outdoor target ranges; (5) Agricultural service establishments primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis, including sorting, grading, and packing fruits and vegetables for the owner, lessee, or sublessee; agricultural produce milling and processing for the owner, lessee, or sublessee; horticultural services; fruit picking; grain cleaning; veterinary services; boarding and training of horses; (6) Open space development projects, as regulated by §§ 150.175 et seq.; (7) Non-agricultural low impact uses pursuant to the standards described in division (F) of this section; and (81 Agricultural Entertainment businesses subiect to the following performance standards: a. The property proposed to be used for agricultural entertainment must be located with direct access to a collector or arterial street as identified in the comprehensive plan; b. All narking must occur on -site. be on a nrimary surface such as class five gravel or pavement; and must be set back at least 30 feet from all property lines c. No more than 25 percent of the site may be covered with impervious surface and the remainder shall be suitably landscaped; Page 3 of 6 d. Roof ton or outside buildinu mechanical ecuipment must be screened from view from adiacent properties and rights -of -way with an onaoue material architecturally compatible with the buildina(s): e. Trash containers must be located inside or screened in an acceptable manner: f Discharge of firearms, including blanks. shall not be allowed on the nronertv: a. The nronerty owner shall give the City permission to conduct inspections of the property in order to investigate complaints: h. The property owner must take reasonable stens to prevent trespassing on adjacent properties by employees, contractors or patrons; Usable primary and alternate well and septic sites sized for the maximum anticipated usage of the property shall be identified on the nronertv. Alternate sites shall be protected in the site plan design. and will only need to he used upon failure of a primary site.; i. Adherence to the general review criteria applicable to all CUP applications. Section 4. The City Council of the City of Lake Elmo hereby ordains that Section 154.036 (Rural Residential Use Regulations) subsections (A), (B) and (C) are hereby amended as follows: (A) Permitted uses and structures. (al) One -family residential dwellings (also see §§ 154.091 and 154.105); and (b2) Farm, suburban or rural within the limits defined in the performance standards for livestock. (3) Wayside stands; and (4) Aaricultural sales businesses subject to performance standards outlined in section 154.110 (B) Accessory uses and structures (also see §§ 154.092 and 154.093). Uses and structures which are customarily accessory and clearly incidental and subordinate to allowed uses and structures; accessory structures cannot exceed the size of the principal building. (C) Conditionally permitted uses. (1) Kennels; (2) Open space development as regulated by §§ 150.175 et seq.; and Page 4 of 6 (3) Home occupations. (4) Agricultural Entertainment businesses subiect to the reauirements outlined in section 154.033 (B)(8). Section 5. The City Council of the City of Lake Elmo hereby ordains that Section 150.178 (OP Use Regulations) subsections (A), (B) and (C) are hereby amended as follows: (A) Permitted uses. (1) Single-family, detached; (2) Preserved open space; (3) Conservation easements; (4) AgricuItureAgrienitural; Suburban FarmsCoo.erutive gardening; (5) _E63 fleFtisttlture1 arcd 1etisrthuraa sertkcCO; (7-) Private stables; (87) Single-family, attached; (98) Townhouses (no more than 25% in any development); and (102) Wayside stands (B) Accessory uses. Uses that are typically found accessory to a permitted use. (C) Prohibited uses. All other uses are hereby prohibited. Section 6. The City Council of the City of Lake Elmo hereby ordains that the City's Design and Performance Standards are hereby amended to incorporate the following additions and changes: Current Sections 154.090 through 154.109 and their subdivisions are restated and incorporated herein without change. Current Section 154.110 and its subdivisions are restated and incorporated herein as section 154.111 Page 5 of 6 154.110 Agricultural Sales Businesses Agricultural Sales Businesses shall be subject to the following performance standards: 1. Activities shall be limited to those listed within the definition for an Agricultural Sales Business. 2. The Agricultural Sales Business shall be located on land owned or leased by the producer or the operator of the business. and not within or on anv public right-of- ways or easements. 3. The operator must be able to demonstrate at all times to the City that there is sufficient access. narking and maneuvering space. that the location and adeuuaev of approaches are sufficient, that there is suitable and safe access for pedestrians, and that customer narking is away from the travel way and in close proximity to the Agricultural Sales Business. 4. All waste materials shall be enclosed in containers provided on the site. and shall not generate anv nuisance impacts on adiacent properties. 5. All sidewalks, roadways. and narking areas shall he treated as necessary to eliminate dust nuisance impacts on adjacent properties. Section 7. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. was adopted on this day of , 20 , by a vote of _ Ayes and _ Nays. Mayor Dean Johnston ATTEST: Susan Hoyt City Administrator This Ordinance No. was published on the day of , 2008. Page 6 of 6 City Council Date: 6-17-08 NOT a public hearing Item gC, ITEM: Consideration of an ordinance to amend sign regulations REQUESTED BY: City Council SUBMITTED BY: Ben Gozola, Senior Planner REVIEWED BY: Susan Hoyt, City Administrator Kyle Klatt, Planning Director Jerry Filla, City Attorney SUMMARY AND ACTION REQUESTED: The City Council is asked to review an ordinance to update regulations governing temporary signs, on -premises signs, and off -premises signs. The main issues addressed by this ordinance include: 1) Sign definitions are being updated to accurately reflect the revised agricultural sales uses (completed in ordinance #2); 2) Development signs are being defined as a permanent sign subject to removal requirements; 3) The purpose section of the sign code is being updated by the City Attorney to substantiate the allowance of specific off -site advertising signs; 4) Current regulations governing temporary signs are being updated to add restrictions on the location, size and number of such signs; adding clarification that temporary signs must be on -premises; and defining how many permits for temporary signs may be issued per site per calendar year; 5) Regulations governing on -premises real estate development signs now incorporate the definition requirement that eligible developments are those which create 10 or more new buildable lots; 6) The number of allowable on -premises signs for agricultural sales businesses is being regulated based on the amount of land used for production of the agricultural goods; Changes specific to off -premises advertising include: 7) New off -premises regulations may be created for real estate developments of 10 or more units; 8) The number of off -premises signs on any given parcel should be determined by a separation factor rather than a set number of signs per property; 9) Permission must be explicitly required for all off -premises advertising signs; 10) Removal of off -premises signs for real estate developments should be required once 90% of the development is complete; 11) Agricultural sales businesses should be limited to two off -premises advertising signs; 12) Off -premises signage for agricultural sales businesses would be considered temporary, and limited to four periods of 45-days in any calendar year. Included with this item are three options for Council consideration. Each option would regulate off -premises advertising in a different way: • Option A (recommended by the Planning Commission): Does not allow for off -premises real estate development signs, but would allow off -premises advertising for agricultural sales businesses. • Option B: Would allow off -premises advertising signs for BOTH real estate developments and agricultural sales businesses. • Option C: Would not allow ANY off -premises advertising, and would simply make needed amendments to temporary and on -premises sign provisions. A fourth option that the Planning Commission is recommending consideration of is an ordinance that would allow ALL businesses the opportunity to have off -premises signs. BACKGROUND The following is a summary of the major questions that were asked which resulted in the three ordinances being presented for consideration. Can the existing ordinance be amended as desired (to allow off -premises advertisina for certain businesses) without underaoina a complete overhaul? Minor amendments to address the City's off -premises advertising desires will not lessen the existing concerns about potential First Amendment challenges to code. However, that is not to say the City cannot proceed with the desired amendments now, and return to address the larger issues at a later point in time. Rather, the City just needs to understand how to protect itself in as much as possible if it chooses to allow certain types of off -premises advertising within the current code framework. Is using a Purpose statement to allow certain types of signs !easily defensible? According to the City Attorney, the City could be open for a legal challenge to the ordinance, but there was no case law to indicate the desired changes couldn't be approved in an effort to protect a significant government interest (in this case protecting rural character). While "protecting rural character" can arguably be used to support the allowance of off -premises advertising for the City's agricultural businesses, it is harder to make such a connection for off -site real estate advertising signs. Given that the current best practices on signs would not allow off -premises advertising signs for specific business types, it is important for the City Council to continue its assessment of concerns that arise due to this approach including: o Is the Council comfortable that allowing off -site advertising for agricultural businesses is important to preserving the community's rural character? o Why should developments be allowed off -site advertising? What important public interest is being served, and/or how does such signage allow the city to protect its rural character? o If off -premises development signs can be supported as serving a vital public interest, how do we differentiate which rural developments can have signs? For example, can standard 10 and 40 acre subdivisions have signs? OP subdivisions? Cluster developments? Only developments creating a certain number of lots? o Can the city clearly find that the right to have off -site real estate development signs is not linked strictly to providing an economic benefit for developers or landowners? In assessing these questions, staff came to the conclusion that off -premises advertising for developments is difficult to support, so we are recommending that such provisions no longer be considered. Off -premises signs for agricultural sales businesses can be supported provided the City understands the associated risks. How will the new purpose statement protect the City from a claim that its reaulatina signs based on content? According to the City Attorney, if the City allows temporary off -site advertising signs for some businesses but not others, its regulation could be challenged for being unconstitutional for potentially denying equal protection of the law. To address this issue in the context of the existing code, it was recommended that the City expand the purpose section of the sign code to illustrate why certain types of off -premises advertising signs are critical to ensuring `he -community -can -maintain -its rural character." Both staff and the attorney find that such a link can arguably be made for agricultural sales businesses; however, we also find that such a distinction cannot be made for real estate off -premises advertising, As such, we have provided three drafts of ordinance #3 for consideration: • The first draft (recommended by the Planning Commission) does NOT contain provisions for real estate off -premises advertising. • The second draft would allow off -premises advertising signs for BOTH real estate developments and agricultural sales businesses. This draft should only be used if the Council feels the purpose statement can be amended in a way that explains how off -premises real estate advertising "maintains rural character" or serves some other essential public good. • The third draft would not allow ANY off -premises advertising, and would simply make needed amendments to temporary and on -premises sign provisions. This draft should be approved if Council ultimately finds the risks of allowing off -premises advertising for specific businesses are not worth the benefits to be gained. A fourth option that the Planning Commission is recommending consideration of is an ordinance that would allow ALL businesses the opportunity to have off -premises signs. Because such an ordinance would be substantially different than the above three, it would only be prepared if requested by the City Council. How do these ordinance options change regulations aovernina signs for Agricultural Sales? First and foremost, such businesses would now be allowed to have signs under the proposed ordinance (current code does not contain a provision for ANY on or off -premises signs). Second, these types of businesses would be allowed to have one, two, or even three on - premises signs depending upon the amount of acreage devoted to the production of the agricultural good being sold by the business. A maximum gross square footage for all signs would limit the overall size of allowed signage. And finally, each business could be allowed to have up to two off -premises advertising signs provided certain conditions could be met (permission from the other property owner, must meet size and height requirements, could only be up for a specified period of time, etc). How does this ordinance chance regulations governing signs for developments of ten or more lots? All options would clarify code by moving the "ten or more lots" requirement into the zoning code and out of the definition for real estate development signs. Depending upon which ordinance is approved by Council, this ordinance would either not allow any off -premises advertising (status quo), or would permit up to one off -premises sign subject to the same requirements proposed for agricultural sales businesses. Does this ordinance now allow wayside stands to have signs? Yes. Wayside stands, under the proposed ordinance, could have one sign up to 32 square feet in size without a permit. Does this ordinance reauire off -site advertisina be erected only alona certain corridors? No. Staff has not proposed any restrictions on where off -site advertising can be. However, the limit of two signs per business and/or one sign per development essentially ensures that such signs will only be located along major traffic corridors. Staff sees this as a reasonable approach to avoid having to change code if/when a request comes forward for an off -site advertising sign in a reasonable location that is not identified in code. How did staff arrive at the proposed sign size restrictions. and what is VRT? The proposed sign size limits for on and off premises signs proposed by this ordinance were intended to be reasonable based on the current code and best available data regarding sign sizes. For example, many signs in residential areas were capped at 32 square feet (political, construction, property sale, etc), so 32 square feet was a logical maximum for an on -premises agricultural sales business sign (which would be located in residential areas). For off -premises signs, staff consulted the latest research on Viewer Reaction Time (VRT) knowing that such signs will be located along the major transportation corridors. A VRT study determines the number of seconds a person can view and comprehend a sign given the sign size and speed limit of a road. For example, a 50 square foot sign can be seen and comprehended by a motorist for five seconds on a 40 mile per hour road. If the sign were increased to 128 square feet in size on that same road, the sign could be viewed and comprehended for 8 seconds (see the following table for a breakdown of viewer reaction times based on speed limits and the size of a sign). MPH 25 40 55 VRT Isecondsl 4 10 4 5 Stan Size Ift`1 12.5 20 50 78 3z............ 50 ........ 128 200 60.5 .. 95... 242 378.,. Given that most of the major roads in or adjacent to Lake Elmo have speed limits of 55 m.p.h. or greater, staff felt that 32 square feet would be too small for off -site advertising signs. Instead, staff felt that a maximum of 50 square feet was reasonable to provide roughly three seconds of viewing and comprehension time along major corridors. RECOMMENDATION: Planning Commission recommendation is two -fold: • The Planning Commission is recommending adoption of Option A which would allow off - premises advertising for agricultural sales businesses, but not for real estate developments. • The Planning Commission is concerned about the legal implications of this approach, and feels that other local businesses do as much for the community as the agricultural sales sites. As such, the Commission would also recommend Council direct staff to prepare an ordinance that would allow ALL businesses the right to have some form of off -premises advertising. ORDER OF BUSINESS: - Introduction Susan Hoyt, City Administrator Report by staff Ben Gozola, Senior Planner - Questions from the Council Mayor & Council Members Questions/Comments from the public Mayor facilitates Consider a Motion (required for further discussion; does not imply approval of the motion Mayor facilitates - Discussion Mayor facilitates - Action on motion Council Consider a motion on the resolution for summary publication Mayor facilitates Discussion Mayor facilitates Action on motion Council ATTACHMENTS (6): 1. Option A (recommended by the Planning Commission): Would not allow for off - premises real estate development signs, but would allow off -premises advertising for agricultural sales businesses. Minor needed amendments to temporary and on - premises sign provisions would also be addressed. 2. Option B: Would allow off -premises advertising signs for BOTH real estate developments and agricultural sales businesses, and would make needed amendments to temporary and on -premises sign provisions. 3. Option C: Would not allow ANY off -premises advertising, and would simply make needed amendments to temporary and on -premises sign provisions. 4. Draft Resolution for summary publication of Ordinance #3 (option A). 5. Draft Resolution for summary publication of Ordinance #3 (option B). 6. Draft Resolution for summary publication of Ordinance #3 (option C). CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- dO 7 OPTIONA: Off premises signs for agricultural sales businesses only (Recommended by the planning commission) AN ORDINANCE TO AMEND GENERAL SIGN REGULATIONS Section item]. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 is hereby amended to add the following definitions: "Off-nrernise sign" — a commercial speech sin which directs the attention of the nubile to a business activity conducted. or product sold or offered at a location not on the same lot where such sian is located. A sit_m located within an easement or other annurtenance to a lot on which a business is located shall be deemed an off -premises lien. "On -premise sien" — a sin which identifies or advertises an establishment. person. activity. eoods, products or services located on the premises where the slim is installed. Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 is hereby changed to amend the following definitions: `Sign"hscz] — Any letter, word or symbol, device, poster, picture, statue, reading matter or representation in the nature of an advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed or constructed, which is displayed for informational or communicative purposes and is visible to the general public.A display, illustration with-h&tte z steuetufe,-e -device-whi:eh-dtreets-attentien-te an-ob e reduet, plaoe, aet-ivity;-persetr+nstituticn, organiza!ian, or b; sinesTThe term shall not incl ;dc the United States flag sr any governmental flag properly displayed in an approved manner Sign, Real Estate Developmen4tuc3]" — A sign offering for sale, lease, or rent a single- family or multiple -family residential project of 10 or more dwelling units or lots. Real estate development signs shall be administered as permanent slims subject to all removal requirements outlined in code. "Sign, Agricultural Sales" — A sign placed on a lot or parcel of land advertising an oneratine and permissible agricultural sales business or aericultural entertainment business, fer-a-period net -to cxeee ',aye: eut ::f any 12 raeet -period. No sigirperinit flee -is -required: Off -premises aericultura] sales siens shall be administered as temporary signs subject to all removal reauirements outlined in code. "Sian. Wayside Stand" -- A sien located on a temporary structure or vehicle heina used to sell aericultural. floricultural. or horticultural products. Page 1 of 7 ection 3knaal. The City Council of the City of Lake Elmo hereby ordains that Section 151.115 outlining the purpose of the municipal sign code is hereby amended to read as follows: (A) The Lake Elmo Sian Regulations are intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well - maintained, safe, and attractive community, and the business community's need for effective communication and identification. It is not the purpose or intent of these regulations to favor commercial messages or speech over non-commercial messages or speech or to discriminate between types of non-commercial speech or the viewpoints represented therein. It is the intent of these regulations to promote the health, safety. general welfare, and desirable rural community image through the regulation of sicros with the following objectives in mind: (1) Signs shall demonstrate a high standard of aesthetic character and encourage the use of monument and individual letter -style signs: (2) Permit large enough cony/graphic area to effectively convey the intended message but not so large as to unduly distract the reader and insist on lettering large enough to be easily read to encourage simple. uncluttered messages; (3) Signs shall be proportioned to the size of and architecturally compatible with. the structures and other signs on the premises; (4) Permanent signs shall only advertise on-nremise businesses, services, facilities. etc; (5) Allow temporary business signs for grand openings and occasional sales events and to allow temporary signs to advise the public of the seasonal sale of agricultural and horticultural products in keeping with the City's rural image without creating continuous visual clutter or traffic hazards along streets or at intersections; and (6) Signs shall be properly maintained. (7) Signs that distract drivers. cyclists and pedestrians shall not be permitted. Studies conducted by nuhlic and private agencies have identified that dvnaznic signs, including multi -vision signs, electronic signs and video displays can be highly distracting to drivers. pedestrians, and evclists and, that distraction is a significant underlvina cause of traffic accidents. With respect to electronic signs, including video disnlav signs. the City finds, that they are highly visible from long distances and at very wide viewing angles both day and night and are designed to catch the eve of persons in their vicinity and hold it for extended periods of time. If left uncontrolled, electronic signs. including video display signs. constitute a serious traffic safety threat. Studies conducted by the Federal Highway Administration Page 2 of 7 (FHWA), Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction. Sent. 11, 2001, and The Role of Driver Inattention in Crashes: New Statistics from 1995; the University of North Carolina Highway Safety Research Center. Distractions in Everyday Driving, Mav 2003 and The Role of Driver Distraction in Traffic Crashes. Mav 2001; the Wisconsin Department of Transportation. Synthesis Report of Electronic Billboards and Hallway Safety, June 10, 2003: the Municipal Research and Services Center of Washington, Sian Control Provisions, ,tan. 2006: the Veridan Grotto, Video Siens in Seattle. Gerald Wachtel, Mav 2001, reveal that electronic signs arc highly distractive to drivers and that driver distraction continues to he a significant underlying cause of traffic accidents. (B) Findings. The City of Lake Elrno hereby finds that regulation of the construction tune, location. size. and maintenance of signs is necessary to accomnlish the above referenced ohiectives,because: The presence of permanent and temporary sienaae affects the rural image of the City of Lake Elmo: Properly regulated sir_*naae can create an atmosphere stimulate commercial activity, and consequently. lead employment and a healthier tax base; (3) The safety of motorists. cyclists, and pedestrians can he siunaae that interferes with necessary sight -distances and/or the attention of such persons. of prosperity, to increased threatened by unduly diverts (4) Siens that are too bright, overly illuminated, flash. blink, scroll, twirl, chance messages or color. or imitate movement, including video displays. can distract drivers, cyclists and pedestrians and impact traffic safety. &gns-ha. an-i-rnpact on the rural -character and -quaky- of the envirenmcnt in bak-0-E4Rier They may attract or -repel -the viewing public -and -affect the safety of vehicular traffic. As a-fuf& communit . ru ,f signs -is -GI' particular importance hecau,e-ef-thisrura ,,.-keptwithin reasennable-ba ndacirs cons ist< win-the-altjeetives anti goal-ef-the-cormrrunity-to retain its speeiril-elsaraeter and economic advantages which rest in part on the quality of its appearance. The following standards in. the section are adopted to regulate signs: Page 3 of 7 Section 4Usust. The City Council of the City of Lake Elmo hereby ordains that Section 151.118 subsection (13)(5) regarding temnorary signs is hereby amended to read as follows: (B) (5) Temporary signs. Temporary signs may be allowed upon issuance of a permit for on -site advertising of special business events such as business openings and closings, change in management, di eiet-wide-shopping events, sales events, or other special occasions_ fir 15 days ma::imatm No more than four temporary sign hermits may be issued in any calendar year for a given destination, and each temporary sign nermit shall run for 15 days. by pertnit from the City Plaimer: -Tht t a permit-te-Ioeato signs or deeer, tions—en -ovcr, or within the right of way for a st ecified per od-a-fvie: Temporary signs shall be subject to the following regulations: a. Only one on -premises temporary sign shall be allowed per business or event. h. Temporary signs shall not exceed 32 square feet in area and shall not be taller than 10 feet in height. Section 511Ba61. The City Council of the City of Lake Elmo hereby ordains that Section 151.119 subdivision (l3) is hereby amended to read as follows: Current Section 151.119. subdivision (B)(1) through (8) and its subdivisions are restated and incorporated herein without change, (9) Real estate development project advertising signs. kaj--T he-purpese-ef-se-1Th g-err-p orneting-cr development -project, the fillswing signs ara-permthedt On premises real estate development project advertising signs may be used if the following requirements are met: 1. Minimum Development Size: 4-d. Projects of.1-teless than 25 acres which create ten or more dwelling units are allowed 1 on -premises sign not to exceed 100 square feet of advertising surface-en-the-j*ejeet-site; Ili. Projects of 26 through 50 acres which create ten or more dwelling units are allowed 1 or 2 on -premises signs not to exceed 200 aggregate square feet of advertising surface on the project site; and Page4of7 Projects over 50 acres which create ten or more dwelling units are allowed 1, 2, or 3 on -premises signs not to exceed 200 aggregate square feet of advertising surface on the project site. bn-premises sieni requirement4uorr 1):i. No dimension shall exceed 25 feet exclusive of supporting structures. The sign shall not remain afteronee 90% of the lots in the development have been issued building nermits.-5%ef-the i '-yee chili. The permit for the sign must be renewed annually by the Council. &iv. All signs shall be bordered with a decorative material compatible with the surrounding area. €-v. Any illuminated sign shall be illuminated only during those hours when business is in operation or when the model homes or other development are open for conducting business. (101 Agricultural sales advertising signs. a. On-Premiseskeost. On -premises agricultural sales advertising signs may be used subiecl to the following requirements: 1. Acreage dedicated to agricultural production: Agricultural sales businesses utilizing less than 10 acres of land specifically for the growing- of agricultural crops for the business are allowed 1 on -premises sign not to exceed 32 gross square feet of advertising surface: Agricultural sales businesses utilizing more than 10 acres of land but less than 40 acres of land specifically for the growing of agricultural crops for the business are allowed 1 or 2 on -premises signs not to exceed 48 gross square feet of advertising surface (with neither sin exceeding 32 square • feet in size): Page 5 of 7 Agricultural sales businesses utilizing more than 40 acres o1' land specifically for the growing of agricultural crops for the business are allowed 1 , 2 or 3 on -premises signs not to exceed 64 gross square feet of advertising surface (with no sign exceeding. 32 square feet in size): 2. On -premises sign requirements: No dimension of any sign shall exceed 15 feet exclusive of supporting structures. ii. All signs shall be bordered with a decorative material compatible with the surroundina area. iii. Any illuminated sign shall he illuminated only during those hours when business is ones to the public for conducting business. b. Off-premiseskuo91. An off -premises agricultural sales advertising sin_ n may he used if the following requirements are met: 1. Maximum Number. Every agricultural sales business shall have no more than two off -premises signs at any given time to direct the public to the location of the business. 2. Off -premises sign reouirements: An off -site agricultural sales advertising sign shall not exceed 50 square feet in area and shall not be taller than 10 feet in height; ii. Off -premises signs shall be a minimum of 25' from all side property lines, and a minimwn of 50' from other off - premises advertising signs: Applicants for off -premises signs shall acauire permission from the property owner upon who's land the sign is to be erected. 3. Timeframe of use. Either one or two off -premises agricultural sales advertising sian(s) may be erected for a 45-day time period no more than four times in any given calendar year. The required yearly permit shall stipulate the range of dates for each of the four allowahle time periods. (111 1Wayside Stand SW4130101. Temporary wayside stands permitted by code may have one non -illuminated sign (exempt from permitting requirements) not to exceed 32 cross square feet of advertising surface. Page 6 of 7 (120) Window signs. No sign permit is required for window signage that does not cover more than 1/3 of the total area of the window in which the sign is displayed; and (133)No trespassing/no hunting signs. No trespassing and no hunting signs shall be no larger than 2 square feet. Section 6. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. was adopted on this day of , 20 , by a vote of _ Ayes and _Nays. Mayor Dean Johnston ATTEST: Susan Hoyt City Administrator This Ordinance No. was published on the _ day of , 2008. Page 7 of 7 CITY OF LAKE ELMO OPTION A: Off premises signs for agricultural sales businesses only (Recommended by the planning commission) RESOLUTION NO, D000-�3 b RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08 -001 BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lake Elmo has adopted Ordinance No. an ordinance to amend general sign regulations for the City of Lake Elmo; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Lake Elmo, that the city administrator shall cause the following summary of Ordinance No. to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the city of Lake Elmo has adopted Ordinance No. . The ordinance amends certain sign definitions to provide needed clarity, updates the sign purpose section to clarify what the sign ordinance is proposed to achieve, amends regulations on temporary signs, allows for off -premises advertising of agricultural sales businesses, and amends regulations governing on - premises signs for agricultural sales businesses and real estate developments. The full text of Ordinance No. is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean Johnston BE IT FURTHER RESOLVED by the city council of the city of Lake Elmo that the city administrator keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: , 20 . ATTEST: Susan Hoyt City Administrator (SEAL) Mayor Dean Johnston The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- • OPTION B: Off premises signs for agricultural sales businesses AND real estate developments (NOT recommended by the planning commission) AN ORDINANCE TO AMEND GENERAL SIGN REGULATIONS Section 1 Bop. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 js hereby amended to add the following definitions: "Off -premise sign" — a commercial speech sign which directs the attention of the nublic to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. A sign located within an easement or other appurtenance to a lot on which a business is located shall be deemed an off -premises sign. "On -premise sign" — a sign which identifies or advertises an establishment. person, activity, goods, products or services located on the premises where the sign is installed. Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 is hereby changed to amend the following definitions: Sign"tnui] — Any letter, word or symbol, device, poster, picture, statue, reading matter or representation in the nature of an advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed or constructed, which is displayed for informational or communicative purposes and is visible to the general public. shall not include the United States flag or any governmental flag properly displayed i appr ed-,^ inner "Sign, Real Estate Developmen4nwl" — A sign offering for sale, lease, or rent a single- family or multiple -family residential project of 10 or more dwelling units or lots. Real estate development signs shall be administered as permanent signs subiect to all removal requirements outlined in code. "Sign, Agricultural Sales" — A sign placed on a lot or parcel of land advertising an operating and permissible agricultural sales business or aaricultu ral entertainment business. for-zrporiod not to exceed 30 days out s€any 12 month period. No sign permit foe is required: Off -premises agricultural sales signs shall be administered as temporary signs subiect to all removal requirements outlined in code. "Sian, Wayside Stand" -A sign located on a temnorary structure or vehicle being used to sell agricultural, floricultural, or horticultural products. Page 1 of 8 Section 3kBo41. The City Council of the City of Lake Elmo hereby ordains that Section 151.115 outlining the purpose of the municipal sign code is hereby amended to read as follows: (A) The Lake Elmo Sign Regulations are intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well - maintained, safe, and attractive community, and the business community's need for effective communication and identification. It is not the purpose or intent of these regulations to favor commercial messages or speech over non-commercial messages or speech or to discriminate between tunes of non-commercial speech or the viewpoints represented therein. It is the intent of these regulations to promote the health, safety, general welfare, and desirable rural community image through the regulation of signs with the following obiectives in mind: (1) Signs shall demonstrate a high standard of aesthetic character and encourage the use of monument and individual letter -style signs: (2) Permit large enough copy/graphic area to effectively convey the intended message but not so large as to unduly distract the reader and insist on lettering large enough to be easily read to encourage simple. uncluttered messages; (3) Signs shall be proportioned to the size of, and architecturally compatible with, the structures and other signs on the premises: (4) Permanent sins shall only advertise on -premise businesses. services. facilities. etc: (5) Allow temporary business signs for grand openings and occasional sales events: allow temporary signs to advise the public of the seasonal sale of agricultural and horticultural products in keening with the City's rural image: and to allow temporary directional signs permitting the public to more easily locate land conservation developments which enhances the City's rural image, without creating continuous visual clutter or traffic hazards along streets or at intersections; and (6) Signs shall be properly maintained. (7) Signs that distract drivers. cyclists and pedestrians shall not be permitted. Studies conducted by public and private agencies have identified that dynamic signs including multi -vision signs, electronic signs and video displays can be highly distracting to drivers, pedestrians. and cyclists and that distraction is a significant underlying cause of traffic accidents. With respect to electronic signs, including video display signs. the City finds that they are highly visible from long distances and at very wide viewing angles both day and night and are designed to catch the eve of Persons in their vicinity and hold it for extended periods of time. If left uncontrolled, Page 2 of 8 electronic signs. including video display signs, constitute a serious traffic safety threat. Studies conducted by the Federal Highway Administration (FHWA), Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction, Sept. 11. 2001. and The Role of Driver Inattention in Crashes: New Statistics from 1995: the University of North Carolina Highway Safety Research Center. Distractions in Everyday Driving. Mav 2003 and The Role of Driver Distraction in Traffic Crashes, Mav 2001: the Wisconsin Department of Transportation. Synthesis Report of Electronic Billboards and Highway Safety. June 10. 2003: the Municipal Research and Services Center of Washington, Sign Control Provisions, Jan, 2006: the Veridan Group. Video Signs in Seattle. Gerald Wachtel, May 2001. reveal that electronic signs are highly distracting to drivers and that driver distraction continues to be a significant underlying cause of traffic accidents. (B) Findings. The City of Lake Elmo hereby finds that regulation of the construction type, location, size, and maintenance of signs is necessary to accomplish the above referenced objectives, because: (1) The presence of permanent and temporary sianaee affects the rural image of the City of Lake Elmo: (2) Properly regulated sienaee can create an atmosphere of prosperity. stimulate commercial activity. and conseouentiv. lead to increased employment and a healthier tax base: (3) The safety of motorists. cyclists, and pedestrians can be threatened by sienaee that interferes with necessary sight -distances and/or unduly diverts the attention of such persons. (4) Signs that are too bright. overly illuminated, flash, blink. scroll twirl, change messages or color. or imitate movement. including video displays. can distract drivers. cyclists and pedestrians and impact traffic safety. Signs have at impact an the-rdal-eha«•., t,.« �,.,7 ...1:+. of tl zaertt-i cake-Elme, They naay attr lae-vacwing pnbli:. and of ,et ;he aft,,,y of veh:et ar :raffc. As its special c-haraetea nd as „ai„ advantages whieh re st : art on the quality of its Page 3 of 8 Section 4(BGs]. The City Council of the City of Lake Elmo hereby ordains that Section 151.118 subsection (BUS) regarding temnorary signs is hereby amended to read as follows: (B) (5) Temporary signs. Temporary signs may be allowed upon issuance of a permit for on -site advertisinu of special business events such as business openings and closings, change in management, district wide shopping events, sales events. or other special occasions, for 15 day .....:.., e No more than four temporary sign permits may be issued in any calendar year for a given destination. and each temnorary sign Hermit shall run for 15 days. by permit from the City Planner. The city may grant a permit to locate signs or dec ratio... ...:'Win the , r • r a a r -ig, Temporary signs shall be subiect to the following regulations: a. Only one on -premises temporary sign shall be allowed per business or event. b. Temporary signs shall not exceed 32 sauare feet in area and shall not be taller than 10 feet in height. Section 5ksG61. The City Council of the City of Lake Elmo hereby ordains that Section 151.119 subdivision (B) is hereby amended to read as follows: Current Section 151.119. subdivision Bl(11 throug h (8) and its subdivisions are restated and ineomorated herein without change. (9) Real estate development project advertising signs. a. bn=PremisesIrso7i. On premises real estate development nroiect advertising signs may be used if the following reauirements are met: 1. Minimum Development Size: 14. Projects of 3 toless than 25 acres which create ten or more dwelling units are allowed 1 on -premises sign not to exceed 100 square feet of advertising surface on tho project site; ii. Projects of 26 through 50 acres which create ten or more dwelling units are allowed 1 or 2 on -premises signs not to exceed 200 aggregate square feet of advertising surface on the project site; and 3 iii. Projects over 50 acres which create ten or more dwelling units are allowed 1, 2, or 3 on -premises signs not to exceed 200 aggregate square feet of advertising surface on the project site. Page 4 of 8 2. bn-premises siun reauirementsknasi: b:i. No dimension shall exceed 25 feet exclusive of supporting structures. eJi. The sign shall not remain afteronce 90% of the lots in the development have been issued building n ermits. 9 e the project is developed. chili. The permit for the sign must be renewed annually by the Council. e7iv. All signs shall be bordered with a decorative material compatible with the surrounding area. v. Any illuminated sign shall be illuminated only during those hours when business is in operation or when the model homes or other development are open for conducting business. b. Off-nremisesrsa91. Open space preservation developments may he allowed one off -premises real estate development advertisinu sign if the following requirements are met: 1. Minimum Development Size. Open space preservation development nroiects creating ten or more dwelling units are allowed to have one off -premises siun to identify the location of the development. 2. Off -premises siun reauirements: i. An off -site real estate development nroiect advertising sign shall not exceed 50 square feet in area and shall not be taller than 10 feet in height: ii. Off -premises signs shall be a minimum of 25' from all side property lines. and a minimum of 50' from other off - premises advertising signs: iii. Applicants for off -premises signs shall acquire permission from the nronerty owner upon who's land the sian is to be erected. 3. Timinu of Reuuired Removal. An off -premises real estate development advertising siun shall he removed once 90% of the lots in the development have been issued buildinu Hermits. Page 5 of 8 (10) ALrricullural sales adverlisincr sir'ns. a. kn-Premisesbouil. On -Premises agricultural sales advertising signs may he used subiect to the following rcauircments: 1. Acreage dedicated to agricultural production: Agricultural sales businesses utilizing less than 10 acres of land specifically for the growing of agricultural crops for the business are allowed 1 on-nremises sign not to exceed 32 cross souare feet of advertising surface: ii. Agricultural sales businesses utilizing more than 10 acres of land but less than 40 acres of land specifically for the growing of agricultural crops for the business are allowed 1 or 2 on-nremises siens not to exceed 48 gross souare feet of advertising surface (with neither sin exceeding 32 souare feet in size);. iii. Agricultural sales businesses utilizing more than 40 acres of' land specifcally for the growing of agricultural crops for the business are allowed 1 , 2 or 3 on-nremises signs not to exceed 64 gross souare feet of advertising surface (with no sign exceeding 32 souare feet in size): 2. On-nremises sign reouirements: No dimension of any sign shall exceed 15 feet exclusive of supporting structures. All signs shall be bordered with a decorative material compatible with the sturoundinu area. Any illuminated sign shall be illuminated only during those hours when business is op en to the public for conducting business. b. bff-nremisesheGsLi. An off-nremises agricultural sales advertising sign may be used if the following reauiremenls are met: 1. Maximum Number. Every agricultural sales business shalt have no more than two off -premises signs at any eiven time to direct the nuhlic to the location of the business. Page 6 of 8 2. Oft'-nremises sign requirements: i. An off -site agricultural sales advertising sign shall not exceed 50 square feet in area and shall not he taller than 10 feet in height; ii. Off -premises signs shall be a minimum of 25' from all side nronerty lines, and a minimum of 50' from other off - premises advertising signs: iti. Annlicants for off-nremises signs shall acuuire permission from the property owner unou who's land the sign is to he erected. 3. Timeframe of use. Either one or two off -Premises agricultural sales advertising sign(s) may be erected for a 45-day time period no more than four times in any given calendar year. The required yearly permit shall stipulate the range e of dates for each of the four allowable time periods. (111 IWayside Stand sigire012l. Temporary wayside stands permitted by code may have one non -illuminated sign (exernnt from [permitting requirements) not to exceed 32 gross souare feet of advertising surface. (120) Window signs. No sign permit is required for window signage that does not cover more than 1/3 of the total area of the window in which the sign is displayed; and (134-)No trespassing/no hunting signs. No trespassing and no hunting signs shall be no larger than 2 square feet. Page 7 of 8 Section 6. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. was adopted on this day of , 20 , by a vote of _ Ayes and _ Nays. Mayor Dean Johnston ATTEST: Susan Hoyt City Administrator This Ordinance No. was published on the day of , 2008. Page 8 of 8 OPTION B: Off premises signs for agricultural sales businesses AND real estate developments CITY OF LAKE ELMO (NOT recommended by the planning commission) RESOLUTION NO. RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lake Elmo has adopted Ordinance No. an ordinance to amend general sign regulations for the City of Lake Elmo; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Lake Elmo, that the city administrator shall cause the following summary of Ordinance No. to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the city of Lake Elmo has adopted Ordinance No. . The ordinance amends certain sign definitions to provide needed clarity, updates the sign purpose section to clarify what the sign ordinance is proposed to achieve, amends regulations on temporary signs, allows for off -premises advertising of agricultural sales businesses and real estate developments, and amends regulations governing on -premises signs for agricultural sales businesses and real estate developments. The full text of Ordinance No. is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean Johnston BE IT FURTHER RESOLVED by the city council of the city of Lake Elmo that the city administrator keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: , 20 Mayor Dean Johnston ATTEST: Susan Hoyt City Administrator (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- OPTION C: NO Off premises signs (NOT recommended by the planning commission) AN ORDINANCE TO AMEND GENERAL SIGN REGULATIONS Section 1I03Oq. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 is hereby amended to add the following definitions: "Off -premise sign" - a commercial speech sign which directs the attention of the uublic to a business. activity conducted. or product sold or offered at a location not on the same lot where such sign is located. A sign located within an easement or other appurtenance to a lot on which a husiness is located shall be deemed an off -premises sign. "On -premise sign" — a sign which identifies or advertises an establishment. person. activity. goods, products or services located on the premises where the sign is installed. Section 2. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 is hereby changed to amend the following definitions: teort — Any letter, word or symbol, device, poster, picture, statue, reading matter or representation in the nature of an advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed or constructed, which is displayed for informational or communicative purposes and is visible to the general public.;-di-splay;-it-lustration--witlrlettering, sttueture ordevicc which-d-ireets-attention e b e #-pfed+teE, plaeer eetivity;-person, institutiaurerganiiation, ::r business. Ths texas shall not iiie ude ttic (Jnited State„ fue c..-nta„'a .. ld' pl ed-in-an approved- ianneFv "Sign, Real Estate Development no3]" — A sign offering for sale, lease, or rent a single- family or multiple -family residential project of 10 or more dwelling units or lots. Real estate development signs shall be administered as permanent signs suhiect to all removal requirements outlined in code. "Sign, Agricultural Sales" — A sign placed on a lot or parcel of land advertising an operating and permissible agricultural sales husiness or agricultural entertainment husiness. tbr--pe-ried-net-te eec 30 days out of-any-1-2-menh-pe;-�1--Ne seeaipermit fee i-s-required: Page 1 of 6 "Sian, Wayside Stand" -- A sign located on a temporary structure or vehicle being used to sell _agricultural, floricultural, or horticultural products. [Section 3(so41. The City Council of the City of Lake Elmo hereby ordains that Section 151.115 outlining the purpose of the municipal sign code is hereby amended to read as follows: (A) The Lake Elmo Sign Regulations are intended to establish a comnrehensivc and balanced system of sign control that accommodates the need for a well - maintained, safe. and attractive community, and the business community's need for effective communication and identification. It is not the purpose or intent of these regulations to favor commercial messages or speech over non-commercial messages or speech or to discriminate between tunes of non-commercial speech or the viewpoints represented therein. It is the intent of these regulations to promote the health, safety, general welfare, and desirable rural community imaae through the regulation of signs with the following obiectives in mind: (11 Signs shall demonstrate a high standard of aesthetic character and encourage the use of monument and individual letter -style siens: (2) Permit large enough cony/graphic area to effectively convey the intended message but not so large as to unduly distract the reader and insist on lettering large enough to he easily read to encourage simple, uncluttered messages; (3) Signs shall be proportioned to the size of, and architecturally comnatible with, the structures and other siens on the premises: (4) Permanent signs shall only advertise on -premise businesses, services. facilities. etc: (5) Allow temporary business signs for grand oneninas and occasional sales events; (6) Sians shall be properly maintained. (7) Signs that distract drivers, cyclists and pedestrians shall not be permitted. Studies conducted by public and private agencies have identified that dynamic signs, including multi -vision signs, electronic signs and video displays can be highly distracting to drivers, pedestrians, and cyclists and that distraction is a significant underlying cause of traffic accidents. With respect to electronic signs including video display signs, the City finds, that they are hiuh]y visible from long distances and at very wide viewing angles both day and night and are designed to catch the eve of persons in their vicinity and hold it for extended periods of time. If left uncontrolled, electronic signs, including video display signs, constitute a serious traffic Page 2 of 6 safety threat. Studies conducted by the Federal Hiuhwav Administration (FHWA), Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction, Sept. 11, 2001, and The Role of Driver Inattention in Crashes: New Statistics from 1995: the University of North Carolina I-Iighway Safety Research Center. Distractions in Everyday Driving, Mav 2003 and The Role of Driver Distraction in Traffic Crashes. Mav 2001; the Wisconsin Department of Transportation, Synthesis Report of Electronic Billboards and }liuhwav Safety, June 10, 2003; the Municipal Research and Services Center of Washington. Sign Control Provisions, Jan. 2006; the Veridan Group, Video Signs in Seattle, Gerald Wachtel. May 2001, reveal that electronic signs are highly distractine to drivers and that driver distraction continues to be a significant underlying cause of traffic accidents. (13) Findings. The City of I.alce Elmo hereby finds that regulation of the construction tvne. location, size, and maintenance of signs is necessary to accomplish the above referenced obiectives. because: (11 The presence of permanent and temporary sign nape affects the rural image of the City of Lake Elmo; (2) Properly regulated signaue can create an atmosphere of nrosnerity. stimulate commercial activity, and conscaucntly. Icad to increased employment and a healthier tax base; (3) The safety of motorists, cyclists, and pedestrians can he threatened by siunage that interferes with necessary sight -distances and/or unduly diverts the attention of such persons. (4) Signs that are too bright, overly illuminated, flash, blink, scroll, twirl, change messages or color, or imitate movement, includine video displays, can distract drivers, cyclists and pedestrians and impact traffic safety. av an impact-an-the-r fal-oh f the environment in Lake Elmo. ety-of-vehie l a s a rural contmunit); I.:dca E4:no ir;uniga . cshe-Proper control of signs is ofparticular impa4anee beeeusee4mis-vestal-quality-and-uniqueness--Sign'" : s� ' -be-kept wi-thin raas©nabla haundaries-c rs,stc :wi-th-he abjcativos and g o eemmunity to reta-in tales wh ch-Taat i .t en the ,.l:ty of its e feilevrng snd::,r±:-in the seekion are adopted to regulate signs. Page 3 of 6 Section 4fensl. The City Council of the City of Lake Elmo hereby ordains that Section 151.118 subsection (l3)(5) regarding temporary sig is hereby amended to read as follows: (Bl (5) Temporary signs. Temporary signs may be allowed upon issuance of a permit for on -site advertising. of special business events such as business openings and closings, change in management, district-wide-sl sing -event;,, sales events. or other special occasions. -'sr 15 days nia?:a«um No more than four temporary sign hermits may be issued in any calendar year for a given destination, and each temporary sign permit shall run for 15 days. by per-rnit fromthe-City-P1atmtr, Thoeiky--may-gran a r e create-si-g er deco ations e o itbin-the-right-:,f way far a spee•red , ed ert: Temporary siuns shall be subject to the followine regulations: a. Only one on -premises temporary sign shall be allowed her business or event. b. Temporary sins shall not exceed 32 square feet in area and shall not be taller than 10 feet in height. Section 51tag61. The City Council of the City of Lake Elmo hereby ordains that Section 151.119 subdivision (B) is hereby amended to read as follows: Current Section 151, 119, subdivision (l3),(Iilhtyughli;)_and its subdivisions,qe restatcd and incorporated herein withoutchanue. (9) Real estate development project advertising signs. -fa) For -he -purpose -al elling-ef-}nemeting-a-deve1epment-projeet he followingsignsare-permitted: On premises real estate develgpnientprnject advertisitig signs mny be used if the following requirements are met: 1. Minimum Development Size: 44. Projects of 3-teless than 25 acres which create ten or more dwelling units are allowed 1 on -premises sign not to exceed 100 square feet of advertising surfacer; ii. Projects of 26 through 50 acres which create ten or more dwellinu units are allowed 1 or 2 on -premises signs not to exceed 200 aggregate square feet of advertising surface on the project site; and Page 4 of 6 Projects over 50 acres which create ten or more dwelling units are allowed 1, 2, or 3 on -premises signs not to exceed 200 aggregate square feet of advertising surface on the project site, 2. hn-premises sign reouirements 11671: 1. No dimension shall exceed 25 feet exclusive of supporting structures. The sign shall not remain afteronee 90% of the lots in the development have been issued building hermits. 95%-o1 the project -is developed. The permit for the sign must be renewed annually by the Council. e:iv. All signs shall be bordered with a decorative material compatible with the surrounding area. €v. Any illuminated sign shall be illuminated only during those hours when business is in operation or when the model homes or other development are open for conducting business. (101 Agricultural sales advertising signs., On -premises agricultural sales advertising signs may be used suhieet to the following reouirements: 1. Acreage dedicated to agricultural production: i. Agricultural sales businesses utilizing_less thanl0 acres of land snecifically for the growing of agricultural crops for the business are allowed 1 on -premises sign not to exceed 32 gross square feet of advertising surface; ii. Agricultural sales businesses utilizing more than 10 acres of land but less than 40 acres of land specifically for the growing of agricultural crops for the business are allowed 1 or 2 on -premises signs not to exceed 48 gross souare feet of advertising. surface (with neither sign exceeding 32 sauare feet in size): Page 5 of 6 Agricultural sales businesses utilizing more than 40 acres of land specifically for the growing of agricultural crops for the business are allowed 1 , 2 or 3 on-nremises signs not to exceed 64 gross square feet of advertising surface (with no sign exceeding 32 square feet in size); 2. On -premises sign requirements: No dimension of arlsign shall exceed 15 feet exclusive of supnortina structures. ii All signs shall be bordered with a decorative material compatible with the surrounding area„ ill. Any illuminated sign shall be illuminated only during those hours when business is open to the public for conducting_ business. (11) 1Wayside Stand sierhos1. Temporary wa_y ide stands permitted by code may_have one non -illuminated sign (exempt f om permitting reuuirements) not to exceed 32 gross square feet of advertising surface. (120) Window signs. No sign permit is required for window signage that does not cover more than 1/3 of the total area of the window in which the sign is displayed; and (13-1-)No trespassing/no hunting signs. No trespassing and no hunting signs shall be no larger than 2 square feet. Section 6. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. was adopted on this day of , 20, by a vote of _ Ayes and Nays. Mayor Dean Johnston ATTEST: Susan Hoyt City Administrator This Ordinance No. was published on the day of , 2008. Page 6 of 6 OPTION C: NO Offpremises signs (NOT recommended by the planning commission) CITY OF LAKE ELMO RESOLUTION NO. RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lake Elmo has adopted Ordinance No. an ordinance to amend general sign regulations for the City of Lake Elmo; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Lake Elmo, that the city administrator shall cause the following summary of Ordinance No. to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the city of Lake Elmo has adopted Ordinance No. . The ordinance amends certain sign definitions to provide needed clarity, updates the sign purpose section to clarify what the sign ordinance is proposed to achieve, amends regulations on temporary signs, and amends regulations governing on -premises signs for agricultural sales businesses and real estate developments. The full text of Ordinance No. is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean Johnston BE IT FURTHER RESOLVED by the city council of the city of Lake Elmo that the city administrator keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: , 20 . Mayor Dean Johnston ATTEST: Susan Floyt City Administrator (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. ITEM: City Council Date: 6-17-08 REGULR Item: `1 Motion Provide Direction to the City Attorney to enforce outstanding Items on the Settlement Agreement dated September 5, 2006 with Rod and Diane Sessing, 5699 Keats Avenue SUBMITTED BY: Jerry Filla, City Attorney SUMMARY AND ACTION REQUESTED: The city council is being asked to direct the city attorney to proceed with compliance with the terms of a settlement agreement. The settlement agreement is a court agreement and the city attorney can proceed to enforce court agreements without specific direction. However, questions as to the full compliance of the parties with this agreement have been raised and asked to be reviewed at this meeting. The city entered into a settlement agreement dated September 5, 2006 with Rod and Diane Sessing, property owners of 5699 Keats Avenue. The terms of the settlement agreement required that the property owners comply with a series of items. The items are listed in the table below with the status. The city attorney is asking the city council to direct him to proceed with investigating whether or not the outstanding items are in compliance or out of compliance with the terms of the agreement and to take the necessary steps to enforce the agreement. Where necessary, this investigation will use independent investigative resources to determine whether or not there are outstanding compliance issues to maintain an independent perspective. These items in the Settlement Agreement (Attachment 1) include: Determined to be In Determining it in Compliance Item In Agreement (summarized) Responsible Pa ty compliance Take down 3 sided structure City X Pay $ 4,000 City X Refund $1,000 building permit City X fee Consent to day -lighting the City X easterly end of the drain tile Remove 3 sided materials w/n 7 Sessing X days after stacked by city Maintain northerly side yard Sessing setback Complete maintenance Sessing described In above item Allow City employees to Sessing X remove 3 sided structure Allow Sessing's on property for Ziertman X moving or shoring up the timbers currently running parallel to the north line of the Sessings X X 1 Next steps The city council is being asked to direct the city attorney to investigate whether or not the outstanding items are in compliance or out of compliance in the list above with the terms of the settlement agreement and to take necessary steps to ensure that the property owner complies with the agreement. A suggested motion is included here for consideration: Move to direct the city attorney to proceed to investigate and enforce compliance with the terms of settlement agreement dated September 5, 2006 with Diane and Rod Sessing, 5699 Keats Avenue. ORDER OF BUSINESS • Introduction/Report Jerry Filla, City Attorney • Questions to the presenter (3 minutes) Mayor and Councilmembers • Questions/comments from the public to the council Mayor facilitates (3 minutes) • Call for a motion (if desired, not necessary here) Otherwise proceed with discussion Mayor and Councilmembers • Discussion Mayor and Councilmembers • Formal motion, if desired City Council ATTACHMENTS: 1 Settlement Agreement dated September 5, 2006 2 Jun-10-2006 09:56 From-PETERSON FRAM BERGMAN 6512281753 T-067 P.002/005 F-623 STATE OF MINNESOTA COUNTY OF'WASHINGTON City of Lake Elmo, a Minnesota statutory city, PF intifff, vs. Diane Sessing and Rodney Sessing, Defendants, an d Steve Ziertman and Joan Ziertman, Applicants for Intervention. DISTRICT COURT TENTH JUDICIAL DISTRICT In Case Type: 14. Other Civil Court file no. 82-C6-05-006209 [Judge J. E. Cass] ORDER Filth WASHINGTON COUNTY F i DISTRICT COURT l SEP 0 ZOOG DCHRISTINA M.VOLKER& D COURT ADMINISTRATOR By '`..`:• _,._ _ Oeputy The above -entitled matter was scheduled for trial before the Honorable J. E. Cass, Judge of the above -named Court, at the Washington County Government Center, Stillwater, Minnesota, on August 23, 2006. The City of Lake Elmo (hereinafter "City") was represented by Jerome P. Filla, Esq. Diane Sessing and Rodney Sessing ("hereinafter "Sessings") appeared and • represented themselves. Steve Ziertman and Joan Ziertman were represented by Nicholas V. Vivian, Esq. Steve Ziertman and Joan Ziertman (hereinafter "Ziertmaus") also appeared. Based upon all of the files and records herein and upon the agreement of the parties and their representatives, the Court makes the following: ORDER All claims asserted by the parties in the above -entitled matter are hereby dismissed Jun-10-2008 09:56 From-PETERSON FRAM BERGMAN 6512281753 T-067 P.003/005 F-823 subject to the following conditions: 1. The City shall: (a) At its cost, take down the three -sided structure located easterly of the Sessings' pole barn and shall stack the materials (three -sided structure materials). The City shall notify the Sessings prior to entry upon the Sessings' property. (b) Pay Sessings $4,000.00 in the following manner: (i) $3,000.00 upon receipt of the Court's Order; and (ii) $1,000.00 upon removal of the three -sided structure materials or upon the placement of such materials within an enclosed structure; (c) Upon receipt of the Court's Order, refund $1,000.00 for building permit 4018 together with interest thereon at the rate of 4% per annum from the 276 day of April, 2004, until and including the date of disbursement; and (d) Consent to the daylighting the easterly end of the drain tile currently located along the northern property line of the Sessings' property. 2. The Sessings shall: (a) Remove the three -sided structure materials or place such materials in an enclosed structure within seven (7) business days of the date upon which such materials are stacked on the Sessings' property by the City. (b) Maintain their northerly side year setback. As used herein, the term 2 Jun-10-2008 09:56 From-PETERSON FRAM BERGMAN 6612281753 T-067 P.004/006 F-823 "maintain" shall mean: (i) remove weeds; (ii) cover any exposed fabric with fieldstone; (iii) bury drain tile; (iv) shore up the timbers; (v) remove the plastic tube for the pet containment system in the area next to the pole barn and tack the pet containment system wire to the south side of the timbers; and (vi) connect the drain tube (which runs generally south to north along the driveway) to the drain tube that runs generally parallel with the north line of the Sessings' property. (vii) move or shore up the timbers along the north line of the Sessings' property so that they do not encroach upon the Ziertmans' property. (c) Complete the above -referenced maintenance activity by the 30"' day of October, 2006. (d) Allow the City's employees onto the Sessings' property for the purpose of removing the three -sided structure and stacldng the materials; provided that, the City first notifies the Sessings when the City will be on the Sessing's property. 3. The Ziertmans shall: (a) Allow the Sessings onto the Ziertmans' property for the purpose of Jun-10-2008 00:57 From-PETERSON FRAM BERGMAN 6512281753 T-06T P.005/005 F-823 moving or shoring up the timbers currently running parallel to the north line of the Sessings' property, provided that Sessings first notify Ziertmans when Sessings will be on the Ziertmans' property and further provided that Sessings sign a waiver for insurance purposes before entering the Ziertmans' property. The Sessings shall notify the Ziertmans prior to entering upon the Ziertmans' property. All parties shall bear their own costs and expenses incurred herein. Y THE5bJ.T: Dated; September ',; , 206 P:\users\CA.ROLE\JpfV..E uessing ord.wpd J. E. Cass Judge of District Court 4 ITEM: City Council Date: 6-17-08 REGULAR Item: 10 Motion Consider appointing a member of the City Council to apply for the Grant Evaluation and Ranking System (GEARS) Transportation Committee SUBMITTED BY: Susan Hoyt, City Administrator SUMMARY AND ACTION REQUESTED: The city council is being asked to appointing a member of the city council to apply for membership to the Grant Evaluation and Ranking System (GEARS) Committee, which is an advisory committee to the County Transit Improvement Board (CTOIB). The emergence of the County Transit Improvement Board is the result of the legislation that permitted metro area counties to pass levies for transit. Washington County is one of the county's that approved this sales tax for transportation. GEARS COMMITTEE COMPOSITION • Made up of 8 city representatives (1 from Washington County and 5 county commissioners) • Will evaluate and rank grant applications for transit funding through this sales tax • Refer the applications to the CTOIB for final decision and award. ELECTION PROCESS FOR GEARS COMMITTEE (Attachment 1) July 14, 2008 - July 21, 2008 - Each city may submit one applicant for the GEARS Committee by this date Screening Board made up of Mayors with the largest populations from the 6 geographic areas (Washington County this is Woodbury) If the Woodbury Mayor applies, the Mayor from the next largest city in Washington County would be on the screening board Screening Board meets and screens applications Screening Board will submit no more than 3 candidates from 6 geographic districts to be interviewed for the positions. Candidates are divided into aeoaraohic areas, introduced and given an opportunity to describe his/her rationale for appointment. Candidate with the most votes is appointed. INTEREST EXPRESSED TO DATE BY LAKE ELMO ELECTED OFFICIAL As a member of the Regional Council of Mayors, Mayor Johnston is familiar with the appointment process for GEARS since the Regional Council had a presentation on it and has been following the legislation that led to the CTOIB and GEARS Committee. Mayor Johnston has expressed an interest in being considered for appointment to the GEARS Committee on behalf of Lake Elmo and Washington County. Suggested motion for consideration: Move to appoint to be the city of Lake Elmo's candidate for the Grant Evaluation and Ranking System (GEARS) Committee. ORDER OF BUSINESS • Introduction/Report • Additional information from Regional Mayor's Presentation • Questions to the presenter (3 minutes) • Questions/comments from the public (3 minutes) • Call for a motion • Discussion • Action ATTACHMENTS: 1 Elections process for GEARS Committee Susan Hoyt, City Administrator Mayor Johnston Mayor and Council members Mayor facilitates Mayor and Council members Mayor and Council members City Council Elections Process — July 21g Grant Evaluation and Ranking System (GEARS) Board Charge in Law: Voting — Per the law, cities in participating counties are guaranteed at least one vote on the GEARS Board per county and one additional for every 400,000 people. Anoka: Dakota: Washington: Ramsey: St. Paul: Suburban: Hennepin: Board Minneapolis North: South: 328,614 — 1 City Rep on the GEARS Board 391,613 — 1 City Rep on the GEARS Board 228,103 — 1 City Rep on the GEARS Board 515,059 — 2 City Reps on the GEARS Board 286,620 228,439 1,152,508 (Roughly dividing by Hwy Rens on the GEARS 387,970 382,589 381,949 Minneapolis/St. Paul: Minneapolis and St. Paul should receive standing appointments to the GEARS board as their populations are roughlyone third and one half of Hennepin and Ramsey County's population, respectively. Application Process, --June 2008 `(For Suburban Communities) A packet of information will be sent out to each cityon or about June 20th with an application, and an explanation of the election, process, the law, member's responsibilities/time commitment and an outline of permissible expenditures. A letter"will also be included calling the GEARS board to order from the-tout-4 Transit Improvement Board (CTIB) — The five county Metro County Joint Powers .Board) city may subniit;one elect4official for application to the board and the application must be returnedl,by July44t" for consideration. The Mayor will be considered the oity's designated voting member unless otherwise specified — the designated voter may also be the applicant to the GEARS board. DAY OF THE ELECTION — July 21st 2008 8:00 am — 12:00 am • Screening Board (SB) — A screening board will be responsible for screening all applicants who wish to be participating members of the GEARS board. After lunch the SB will submit no more than three candidates from each of the six geographic districts: Anoka. Dakota. North Hennepin. South Hennepin. Ramsey and Washington. o Depending on the number of applicants the SB may extend the time they are screening or split into two groups. • The Screening Board is made up of Mayors with largest population from the six geographic areas in the Metropolitan Area. These members will not be eligible.to serve on GEARS o Anoka — Coon Rapids (63,649) o Dakota — Eagan (66,508) o Hennepin — South: Bloomington (86,832) &Norttii.Brooklyn Park (71,942) o Ramsey — Roseville (33,969) o Washington — Woodbury (55,395) If the above Mayors choose to run as applicants to the GEARS boar he Mayor:with next highest population will be asked to serve. 12:00 — 1:30 — Lunch (additional screening time if necessary and SB deliberation) 2:00 — 3:00 p.m. • Election of Gears Members — All elected officials participating in the election process will report to room 123 of the -State Capitol. There will be a brief welcome and introduction followed by all cities breaking up into groups by counties. o Room 10:- Ramsey County City Delegation (Staffed by Louie) o Room 112 — Dakota County -City Delegation (Staffed by Patty) o Room 15 — Anoka County City Delegation (Staffed by Bill?) o Room 123 - North and South Hennepin County City Delegation (Staffed by Sarah and Laurie) o Room 318 — Washington`County City Delegation (Staffed by Nancy?) • City Deliberation — The chosen screened applicants will be introduced and allowed to give a brief introduction and rational for his/her appointment. A brief Q & A session will be moderated by the staff and then a secret written ballot process will follow. The applicant who receives the most votes`wi11 win. SLE June 3, 2008