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06-16-2009 council packet (full b/w)
City of Lake Elmo 3800 Laverne Avenue North Lake Ehno, Minnesota June 16, 2009 ***6:45 p.m. tntcrview with Park Commission applicant, Marty Dobbs*** 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston DeLapp Emmons 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 RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. APPROVE MINUTES: 1. Approval of the June 2, 2009 City Council minutes FL 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. CONSENT AGENDA: (Items are placed on the consent agenda by city staffand the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve payment of disbursements and payroll 3. Approval of Park Meadows Final Plat, Resolution No. 2009-028 4. Approval of Resolution No. 2009-027 accepting a Capital Improvement Project Grant from the Minnesota DNR cross-country ski CIA program for the construction of an information kiosk at Sunfish Lake Park REGULAR AGENDA: 5. Lake Elmo Jaycees — Proclamation and Liquor License Request 6. Sharon Klumpp, Springsted, City Administrator Search Firm, approval of profile and schedule 7. Consideration of Resolution 2009-026 in support of application to the DNR Metro Greenways Grant Program for Sunfish Lake Park 8. Speed Indicator Sign on CR13 (Ideal Avenue) — Status Report 9. Sign Ordinance, Ordinance No. 08-015, Resolution No. 2009-025 10. MPCA Watermain Extension Project for Municipal Water to the Olson Property -Proposal to oversize to 12-inch trunk watermain pipe 11. Resolution No. 2009-029 authorizing publication of Storm Water Management and Erosion and Sediment Control Ordinance No. 08-016 12. Appointment to Parks Commission and Planning Commission 13. Appointment to Metro Cities Policy Committee 14. Roseville Accounting Services K. REPORTS AND ANNOUNCEMENTS; (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and City Council • Administrator • Planning Director L. Adjourn City Council 6/16/2009 CONSENT Item: 2 ITEM: Approve disbursements in the amount of $ 106,179.59 SUBMIT l'ED BY: Tom Bouthilet, Finance Director Claim # Amount Description ACH 7,395.15 Payroll Taxes to IRS 06/04/09 ACH $ 1,231.98 Payroll Taxes to Mn Deptof Revenue 06/04/09 DD2220 - DD2233 $ 18,432.40 Payroll Dated 06/04/2009 (Direct Deposit) 34293 - 34298 $ 18,802.29 Payroll Dated 06/04/2009 (Payroll & Benefits) 34299 - 34357 $ 60,317.77 Accounts Payable Dated 06/16/2009 Total: $ 106,179.59 SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements in the total amount of $106,179.59 Accounts Payable Checks for Approval User: julie Printed: 06/1 uno9 - 12:55 PM Check Number Cheek Date Fund Name 34309 06/16/2009 General Fund 34309 06/16/2009 General Fund 34333 06/16/2009 General Fund 34333 06/16/2009 General Fund 34311 06/16/2009 General Fund 34338 06/16/2009 General Fund 34338 06/16/2009 General Fund 34325 06/16/2009 General Fund 34325 06/16/2009 General Fund 34339 06/16/2009 General Fund 34339 06/16/2009 General Fund 34339 06/16/2009 General Fund 34339 06/16/2009 General Fund 34326 06/16/2009 Water 34324 06/16/2009 General Fund 34324 06/16/2009 General Fund 34329 06/16/2009 General Fund 34316 06/16/2009 General Fund 34316 06/16/2009 General Fund 34323 06/16/2009 General Fund 34307 06/16/2009 Water 34336 06/16/2009 General Fund 34354 06/16/2009 Water 34330 06/16/2009 General Fund 34330 06/16/2009 General Fund 34356 06/16/2009 General Fund 34323 06/16/2009 General Pimd 34323 06/16/2009 General Fund 34323 06/16/2009 General Fund 34323 06/16/2009 Genet al Fund 34323 06/16/2009 General Fund 34323 06/16/2009 General Fund 34323 06/16/2009 General Fund Account Name Information Technology/Web Contract Services Cable Operations Use Tax Payable Miscellaneous Cable Operation Expense Use Tax Payable Dues & Subscriptions Dues & Subscriptions Repairs/Maint Contractual Bldg Repairs/Maint Bldg Cleaning Supplies Use Tax Payable Water Utility Repairs/Maint Contractual Eqpt Use Tax Payable Small Tools & Equipment Small Tools & Equipment Small Tools & Equipinent Fuel, Oil and Fluids Repairs\Maint Imp Not Bldg-s Repairs/Maint Contractual 1314 Miscellaneous Contract Services Street Maintenance Materials Repairs/Maint 131dg Fite!, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Vendor Name City of Roseville City of Roseville Nicholas Anderson Nicholas Anderson Compensation Consultants, Ltd Steven Press Steven Press MCFOA MCFOA Diane Rud Diane Rud Diane Rud Diane IRud MDH Loftier Companies, inc. Leffler Companies, Inc. MES-Depository Acct Gruber's Power Equipment Gruber's Power Equipment Lake Elmo Oil, Inc. Burberl Black Dirt, lne, Plunkett's Pest Control Water Conservation Services In Miller Excavating, Inc. Miller Excavating, Inc, Yocum Oil Company, Inc. Lake Elmo Oil, Inc. Lake Elmo Oil, Inc. Lake Elmo Oil, Inc. Lake Elmo 011, Inc. Lake Elmo Oil, Inc. Lake Elmo Oil, Inc. Lake Elmo Oil, Inc, AP - Checks for Approval (06/11/2009 - 12;55 PM) Page 1 Amount 1,551.58 587.50 58.58 -3.58 40.00 62;71 -3.83 35.00 35.00 585.75 383,40 21.80 -59.15 1,405.00 221.62 -13,53 124,27 1,011.75 -61.75 1,251.25 76.68 79,88 223.20 1,218.11 898,59 160.13 38.11 16.10 22.09 34.25 14.00 20.33 51.00 Check Number Check Date Fund Name 34323 06/16/2009 34323 06/16/2009 34323 06/16/2009 34323 06/16/2009 34323 06/16/2009 34323 06/16/2009 34323 06/16/2009 34323 06/16/2009 34323 06/16/2009 34323 06/16/2009 34340 06/16/2009 34308 06/16/2009 34317 06/16/2009 34345 06/16/2009 34357 06/16/2009 34357 06/16/2009 34357 06/16/2009 34357 06/16/2009 34318 06116/2009 34318 06/16/2009 34351 06/16/2009 34348 06/16/2009 34348 06/16/2009 34348 06/16/2009 3432.1 06/16/2009 34320 06/16/2009 34350 06/16/2009 34352 06/16/2009 34352 06/16/2009 34315 06/16/2009 34332 06/16/2.009 34344 06/16/2009 34344 06/16/2009 34327 06/16/2009 34327 06/16/2009 34355 06/16/2009 34355 06/16/2009 34355 06/16/2009 34355 06/16/2009 3435.5 06/16/2009 34355 06/16/2009 34355 06/16/2009 34355 06/16/2009 34355 06/16/2009 34355 06/16/2009 General Fund General Fund General Fund General Fund General Fund General Fund General Fund General' Fund General Fund General Fund General Fund General Fund General Fund Water General Fund Water General Fund General Fund Water General Fund Fall Festival Capital Aquisitiorts Capital Aquisitions Capital Aquiaitions General Fund General Fund 2002 GO Improvement Bond General Fund General Fund General Fund General Fund General Fund General Fluid General Fund General Fund General Fund Sewer General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Account Name Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and 'Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Fuel, Oil and Fluids Miscellaneous Small Tools &Minor Equipment Contract Services Repairs\ !quint Imp Not .131dgs Cleaning Supplies Utility System Maintenance Shop Materials Small Tools & Minor Equipment Chemicals Use Tax Payable Contract Services Buildings and Structures Buildings and Structures Use Tax Payable Contract Services Repairs/Maint Eqpt Bond Interest Books Books Repairs/Main t Imp No ttlitigs Dues & Subscriptions Street Maintenance Materials Street Maintenance Materials Repairs/Maint Bldg Contract Services Electric Utility Electric Utility Street Lighting Street Lighting Electric Utility Electric Utility Street Lighting Electric Utility Electric Utility Electric Utility Vendor Name Amount Lake Elmo Oil, Inc, Lake Elmo Oil, Inc. Lake Elmo Oil, Inc, Lake Elmo Oil, Inc. Lake Elmo Oil, Inc. Lake Elmo Oil, Inc. Lake Elmo Oil, Inc. Lake Ehno Oil, Inc. Lake Elmo Oil, Inc, Lake Elmo Oil, Inc. Sam's Club Carquest Auto Parts Store liagbergs Country Market Telemetry & Process Controls Zack's, Inc. Zack's, Inc. Zack's, Inc. Zack's, Inc. Hawkins, Inc. Hawkins, Inc. USA Inflatables Corp Twin City Garage Door Co. Twin City Garage Door Co, Twin City Garage Door Co. .Karneo Interstate.All Battery Ctr US Bank Trust VISA VISA Fred's Tire NFPA T.A. Schifsky & Sons Inc T.A. Schifsky & Sons Inc Menards - Oakdale Menards - Oakdale Xcel Energy Xcel Energy Xcel Energy Xcel Energy Xcel Energy Xcel Energy Xcel Energy Xcel Energy Xcel Energy Xcel Energy AP - Checks for Approval (06/11/2009 - 12:55 PM) Page 2 26,01 45,00 20.00 18.50 53.50 33.60 41.50 35.00 42,50 18.00 I S3.80 10.66 20,27 612,31 97,98 41.88 197.90 51.98 622,44 -37.99 332.17 4,336,50 413,00 -149.50 213,00 385.80 2,581.25 120,00 91,96 18,96 875.00 1,369.68 128,72 -23,47 144.69 172.68 55.02 27.65 27.00 161.31 348.47 25,08 9.43 28,70 18.02 Cliecic Number Check Date Fund Name Account Name 34355 06/16/2009 Water 34355 06/16/2009 Sewer 34355 06/16/2009 General Fund 34355 06/16/2009 General Fund 34355 06/16/2009 Sewer 34355 06/16/2009 General Fund 34355 06116/2009 General Fund 34355 06/16/2009 General Fund 34355 06/1612009 General Fund 343.51 06/16/2009 General Fund 34355 06116/2009 General Fund 34355 06/16/2009 Water 34355 06/16/2009 General Fund 34327 06/16/2009 General Fund 34342 06/16/2009 General Fund 34331 06/16/2009 General Fund 34331 06/16/2009 General Fund 34349 06/16/2009 General Fund 34303 06/16/2009 General Fund 34303 06/16/2009 General Fund 34303 06/16/2009 General Fund 34303 06/16/2009 General Fund 34303 06/16/2009 General Fund 34303 06/16/2009 General Fund 34303 06/16/2009 General Fund 34303 06/16/2009 General Fund 34303 06/16/2009 General Fund 34303 06/16/2009 General Fund 34353 06/16/2009 General Fund 34312 06/16(2009 General Fund 34312 06/16/2009 General Fund 34301 06/16/2009 General Fund 34337 06/16/2009 General Fund 34319 06/16/2009 General Fund 34300 06/16/2009 General Fund 34300 06/16/2009 General Fund 34341 06/16/2009 General Fund 34299 06/.16/2009 General Fund 34310 06/16/2009 General Fund 343.23 06/16/2009 General Fund 34304 06/16/2009 General Fund 34304 06/16/2009 General Fund 34335 06/16/2009 General Fund 34343 06/16/2009 Sewer 34328 06/.16/2009 General Fund Electric Utility 'Electric Utility Street Lighting Electric Utility Electric Utility Electric Utility Electric Utility Street Lighting Street Lighting Electric Utility Electric Utility Electric Utility Street Lighting Street Maintenance Materials Miscellaneous Repairs/Maint Eqpt Repairs/Maint Eqpt Conferences & Training Repairs/Maint Bldg Repairs/Maint Contractual Bldg Uniforms Uniforms Rcpairs/Maint Contractual Bldg Repairs/Maint1314 Repairs/Maint Contractual Bldg Repairs/Mahn Bldg Repairs/Maint Bldg Uniforms Information Technology/Web Telephone Telephone Repel rstMai nt Bldg Repairs/Maint Eqpt Small Toals & Equipment Repairs/Maint hrip Not Bldgs Small Tools 84 Minor Equipment Telephone Repairs/Maint Inip Not Bidgs Miscellaneous Fuel, Oil and Fluids Uniforms Uniforms Contract Services Utility System Maint Supplies Repairs/Maint Vendor fslutne Xcel Energy Xcel Energy Xcel Energy Xccl Energy Xcel Energy Xcel Energy Xcel Energy Xccl Energy Xeel Energy Xeel Energy Xcel Energy Xcel Energy Xcel Energy Menards- Oakdale St. Croix Tree Service NAPA Auto Parts NAPA Aulo Pails ULI Minnesota Dist Coucil .Aramark, inc. Aramark, Inc. Aramark, Inc. Aramark, Inc. Aramaic, Inc. Aramark, Inc. Aramark, Inc. Aramark, Inc. Aramark, Inc, Aramark, inc. Washington County CP Telecom, Corp CP Telecom, Corp Allied Electrical Contractors Pomp's The Service, Inc. HSBC Business Solutions Ace Hardware , Inc Ace Hardware , Inc Sprint Abrahamson Nurseries COMCAST Lake Elmo Oil, Inc. Aspen Mills, Inc. Aspen Mills, Inc. Gopher State One -Call One Call Concept State Industrial Products Menards - Stillwater Amount 2,064,91 14.48 34,69 93.28 16.00 169.55 44,44 1,805,62 26.18 55.65 477.27 28.21 10,38 29.69 9,120.00 103.52 -.37.31 35,00 36.73 81.96 36.14 36.14 74.13 40.71 26.68 42.41 36.73 36,14 900.00 521.78 442.68 450.00 150.00 83.24 3.37 41.48 6,50 12,433.87 7.87 27.00 111.12 60.37 298.41 262,48 -15.66 AP - Checks for Approval (06/11/2009 - 12:55 PM) Page 3 Check Number Check Date Fuud Name Account Name 34328 06/16/2009 General Fund 34328 06/16/2009 General Fund 34302 06/16/2009 General Fund 34313 06/16/2009 General Fund 34347 06/16/2009 General Fund 34314 06/16/2009 General Fund 34322 06/16/2009 General Fund 34322 06/16/2009 General Fund 34322 06/16/2009 General Fund 34322 06/16/2009 General Fund 34322 06/16/2009 General Fund 34322 06/16/2009 General Fund 34322 06/16/2009 General Fund 34322 06/16/2009 General Fund 34334 06/16/2009 Water 34334 06/16/2009 Water 34334 06/16/2009 Water 34346 06/16/2009 General Fund 34346 06/16/2009 General Fund 34305 06/16/2009 General Fund 34306 06/ I 6/2009 General Fund 34306 06/16/2009 General Fund 34306 06/16/2009 General Fund 34306 06/16/2009 General Fund 34306 06/16/2009 General Fund 34306 06/16/2009 General Fund 34306 06/16/2(109 General Fund 34306 06/16/2009 General Fund 34306 06/16/2009 General Fund 34306 06/16/2009 General Fund Miscellaneous Repirirs/Maint Bldg .Radio Legal Services Contract Services Repairs/Maint Eqpt Mlscel laneous Small Tools & Equipment Small Tools & Equipment Repairs/Maint 131dg Repairs/Maint Eqpt Repairs/Maint Eqpt Miscellaneous Small Tools & Equipment Water Meters & Supplies Small Tools & Minor Equipment Utility System Maintenance Street Maintenance Materials Chemicals Repairs/Maint Eqpt Rentals - Buildings Rentals - Buildings Rentals - Buildings Rentals - Buildings Rentals - Buildings Rentals • Buildings Rentals - Buildings Rentals - Buildings Rentals - Buildings Rentals - Buildings -Vendor Name Mounds 4 Stillwater Menards - Stillwater ANCOM COMMUNICATIONS, INC. .Eekberg Lamers Briggs Wolff Tri-State Bobcat Emergency Automotive Lake Elmo Fire Department Lake Elmo Fire Department Lake Elmo Fire Department Lake Elmo Fire Department Lake Elmo Fire Department Lake Elrno Fire Department Lake Elmo Fire Department Lake Elmo Fire Department Northern Water Works Supply IN Northern Water Works Supply IN Northern Water Works Supply IN Tessman Company Corp Tessman Company Corp ASTLEFORD International Biffs Inc. Bin Inc. Riffs Inc, Biffs Inc. Biffs Inc. Iliffs Inc. Biffs Inc. Biffs Inc. Biffs Inc. Biffs Inc. Total for this Date: Report Total: Amount 13,65 26.58 340,98 3,287.78 349,50 23.93 7,99 28,74 -12.18 20.20 9,58 25.87 8.50 5,28 489.94 72,85 152,17 278.08 125.00 5312 81.27 122,54 61.27 61,27 61.27 61.27 61,27 61.27 61.27 81,27 60,317.77 60,317.77 AI' - Checks for Approval ( 06/11/2009 - 12:55 PM ) Page 4 City Council Date: June 1G.2OOS CONSENT Motion Resolution No. 2OO8-O2D ITEM:, Resolution accepting the public infrastructure improvements of the Park Meadows Development SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Craig Dawson, Interim City Administrator Kyle K|att.Planning Director Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REQUESTED. The City Council is being asked to accept the public infrastructure installed aspart of the Park Meadows Development. Engineering staff has reviewed the requirements of the Developer's Agreement dated November 1, 2005, and the public infrastructure has been installed in general conformance to City standards, Please refer to the attached City Engineer's recommendation letter of acceptance for this development. RECOMMENDATION Ithshereby recommended that the City Council approve Resolution No. 2DOS-O2DmcoeoUngthe public infrastructure in stalled aapa�ofthe Pork&4eadoxwsdevelopment. ' Motion Move -to approve Resolution No, 2009-028ocoapbng the developer -installed public/nhraobocbure improvements for the Park Meadows Development ATTACHMENTS: 1. City Engineer's letter ofdevelopment approval, dated June 11.2OO8 3. Reso|utionNo.2ODQ-O28 ENGINEERS • ARCHITECTS - PLANNERS June II, 2009 Mr. Joe Bush J.P. Bush Homes 3537 Lake Elmo Avenue Lake Elmo, Minnesota 55042 Re: ErOneer's Recommendation for Final Acceptance Park Meadows Development City of Lake Elmo, Minnesota TKDA Project No. 13819.008 444 Cedar Street, Suite 1500 Saint Pau!, MN 55101-2140 (651) 292-4400 (551) 292-008.3 Fax www,tkda.com Dear Mr. Bush: The Lake Elmo City Council authorized the release of the financial security, except for establishment of the infiltration basin, for the Park Meadows Development on October 7, 2008, The infiltration area has now been reviewed and approved by City Staff, therefore we find that the work has been fully completed in all respects and in accordance with the Developer's Agreement, the Contract, Plans and Specifications, and the applicable standards and ordinances of the City. The Improvements are hereby declared to be complete and acceptance of the Improvements by the City is recommended. The public improvements have been installed with a minimum one-year warranty, cc: Craig Dawson, Interim City Administrator Kyle Klatt, Planning Director Mike Bouthilet, Public Works Superintendent An Employee Owned Company Promoting Affirmative Action and EP& OPPottinilY CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2009-028 A RESOLUTION ACCEPTING THE DEVELOPER -INSTALLED PUBLIC INFRASTRUCTURE IMPROVEMENTS FOR THE PARK MEADOWS DEVELOPMENT WHEREAS, the public infrastructure improvements the for the Park Meadows subdivision have been fully completed in compliance with the Development Agreement dated November 1, 2005, with J.P. Bush Homes (the "Developer"), and the standards and ordinances of the City; WHEREAS, the City Engineer has reviewed the improvements and in correspondence dated June 11, 2009, has declared the public infrastructure improvements to be complete and recommends acceptance by the City; WHEREAS, the estimated aggregate costs relating to the installation of public improvements is $299,000.00; and WHEREAS, the city shall, upon acceptance of the improvements, account for those assets. NOW, THEREFORE, BE IT RESOLVED, the City Council accepts the Developer - installed public infrastructure improvements for Park Meadows; effective as of June 16, 2009. Date: June 16, 2009 CITY OF LAKE ELMO By: ATTEST: Craig W. Dawson Interith City Administrator Resolution No. 2009-028 Dean A. Johnston Mayor City Council Date:016/09 CONSENT Item: Resolution 2009-027 |TEK8� Consideration of a re-solubon in support of accepting a Capital Improvement Project Grant from the Minnesota DNR cross-country ski 6K\program for the construction of an information kiosk at Sunfish Lake Park. � REQUESTED BY: Carol Khe0|or,Project Assistant � REVIEWED BY: Park Commission Mike Bouthi|et. Parks & Public Works Superintendent Craig Dawson, City Administrator SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a resolution in support of accepting a Ceoda| Improvement Grant from the Minnesota 0NR cross—country ski G|A program for the construction of an information kiosk at Sunfish Lake Pork. The grant ksfor $2.00O. No matching funds'anarequired and itisanticipated that the grant will cover 1OO96ofthe cost ofthe project. The City Council approved a resolution in support of applying for the grant atthe May § meeting. This resolution currently under consideration is in support of accepting the grant, BACKGROUND INFORMATION The DNFy8cross country ski GX\program offers capital improvement grants that are reimbursable et1OO96. The kiosk proposed inthe grant application will provide acentral location fbrthaponUngofgennra\informatontoaosistuseraintheirabi|itxh»usethe trail inasafe and enjoyable manner. Information that could boposted includes otrail map, rules and regulations, emergency and general contacts, and interpretive information. The kiosk would also beused to demonstrate the cib/'s strong commitment it its recycling program. The use of recycled plastic lumber to construct the kiosk has the potential to reinforce the value in recycling. SUGGESTED MOTION FOR CONSIDERATION: K0OTION1: Movefoapprove oresolution no. 2OOg-027/nsupport of accepting the Minnesota D0R country ski GiA capital improvement grant in the amount of $2, 000 for the construction of an information CITY OF LAKE ELMO Washington County, Minnesota Resolution No. 2009-027 A Resolution to accept the grant award for the construction of an information kiosk from the Minnesota Department of Natural Resources funded by the Federal Recreational Trail Grant Program and the Cross -Country Ski Capital Improvement Grant -in -Aid Programs. WHEREAS, the City of Lake Elmo supports application made to the Minnesota Department of Natural Resources for the Federal Recreational Trail Grant Program and the Cross -Country Ski Capital Improvement Grant -in -Aid programs. The City of Lake Elmo will act as legal sponsor for the application made to the Department of Natural Resources for the reimbursement grant. The project is to construct an infoiniational kiosk at Sunfish Lake Park, WHEREAS, the City of Lake Elmo recognizes the fifty (50) percent match requirement for the Federal Recreational Trail grant program is the Cross -Country Ski Capital Improvement Grant -in -Aid program. NOW, THEREFORE, BE IT RESOLVED, the City of Lake Elmo agrees to accept the grant award from the aforementioned two funding programs, and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Lake Elmo will comply with all applicable laws, environmental requirements as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City Council of the City of Lake Elmo names the fiscal agent for the City of Lake Elmo for this project as: Tom Bouthilet Finance Director City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 BE IT FURTHER RESOLVED, the City of Lake Elmo hereby assures the Sunfish Lake Park ski trails will be maintained for a period of no less than 20 years by the City of Lake Elmo. PASSED AND ADOP I ED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, THIS 16th DAY OF JUNE, 2009. Dean Johnston, Mayor AI IEST: Sharon Lumby, City Clerk City Council Date: 6/16/09 CONSENT Item: Motion ITEM: Consider On -Sale Non -Intoxicating Liquor License for Huff'n Puff Days Proclaim August 6-9th 2009 as Huff'n Puff Days SUBMITTED BY: Sharon Lumby SUMMARY AND ACTION REQUESTED: The city council is being asked to proclaim August 6-9th, 2009, the official City celebration for 2009 and to urge all citizens of our community to give full regard to the past and continuing services of the Lake Elmo Jaycees. The City Council is being asked for approval of its On -Sale Non -Intoxicating Liquor License for its annual Huff'N Puff festival and to waive the fee for the liquor license. MOTION: Moved to grant approval of the on -sale non -intoxicating malt liquor license and waive the liquor license fee for August 6-9m, 2009 Huff'n Puff Days. LAKE ELMO JAYCEES P.O. Box 198 LlakteEEtriteNJA9t2e es PO Box 198 Lake Elmo, MN 55042 Proclamation WHEREAS, the Lake Elmo Jaycees have been a vital part of the development of young leaders of our community the past 39 years and WHEREAS, this organization of young people will again be sponsors of Huff and Puff Aug 6th, 7th, 8th and 9th 2009 NOW, THEREFORE, I, Dean Johnston, Mayor of Lake Elmo, do hereby proclaim the weekend of Aug 6th to the 9th Huff and Puff Days In Lake Elmo, and urge all citizens of our community to give full regard to past and continuing services of the Lake Elmo Jaycees. Signed this day ofJune, 2009 Dean Johnston, Mayor of Lake Elmo www.lakeelmojaycees.org F"7 0'7 Springsted MEMORANDUM TO: Lake Elmo City Council FROM: Sharon Klumpp DATE: June 12, 2009 SUBJECT: Position Profile and Search Process Springsted incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 www.springsted.com Position profile. The position profile for the Lake Elmo city administrator recruitment process is attached for your review and comment. The profile reflects a synthesis of Springsted's individual meetings with city council members and the department head focus group. It includes the education and experience requirements that will be used to evaluate each applicant's fit with the position and further describes the position stating the desired capabilities, immediate priorities, and professional opportunities available. The recommended compensation level is up to $105,000. Our research based on 2008 information shows metro area communities with a population between 6,000 and 10,000 paying on average an annual salary of $99,600 with a maximum salary range of $101,435. We aJso looked at communities with a population of 6,000 to 15,000, recognizing that Lake Elmo's population is expected to exceed 20,000 by 2030. For these communities, we found an average annual salary of $98,000 and a maximum salary range of $103,000. In addition, we note that Bayport (pop. 3,200) is currently advertising for a city administrator up to a salary of $100,169. Considering this information, we recommend advertising the position with an annual salary of up to $105,000 to attract experienced administrators who will not require a long time to get up to speed. The city council's approval of the position profile and general advertisement are requested so we can proceed with advertising the position. Ads will be placed on the League of Minnesota Cities web site and on web sites of neighboring states. The ad will also appear on the city's website and at springsted.com. If the city council would like this search to be advertised nationally, the ad can be placed on the web site operated by the International City/County Management Association. This may help us reach a broader audience, but it will also increase the likelihood of paying travel expenses for out-of-state candidates invited to interview for the position. Search process. The search timetable is attached for your review and comment. Note that we are proposing August 20-21 as interview dates. August is a popular month for vacations and we recognize that some city council members Public Sector Advisors Page 2 may not be available on those, dates. It is important to select a date that is workable for all members of the city council. Alternate dates would be August 27-28 and September 10-11. All of the dates proposed are Thursdays and Fridays. Interviews can be conducted on a Saturday if that works better for council members. Please be prepared to select interview dates at the June 16 meeting. Keeping these dates open on your schedule will help us expedite the interview process and to provide early notification to prospective candidates of the dates you would like to conduct interviews. Attachments: Position Profile General Advertisement Salary Survey for Metro Communities (pop. 6,000-10,000) Salary Survey for Metro Communities (pop. 6,000-15,000) Tentative Project Search Timeline The City of Lake Elmo, Minnesota is recruiting for the position of City Administrator 0 -•''' '...,.::.i • _- ;. . Recruitment Process Conducted By: Sharon Klumpp, Senior Vice President Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, Minnesota 55101-2887 Telephone: 651.223.3053 Fax: 651.223.3002 E-mail: lakedmo@svrinusted.com The Community Nestled in the heart of Washington County, the city of Lake Elmo is a picturesque community with a population of 8,182, located 10 miles east of downtown Saint Paul. Covering 24 square miles, the community is noted for its rolling hills and rural setting. The city features an attractive chain of lakes, taking its name from the largest of these lakes. Lake Elmo is home to an extensive park system, including the Lake Elmo Regional Park Reserve. With a variety of housing options available, Lake Elmo is a highly sought residential community. The city enjoys excellent accessibility to the Minneapolis -Saint Paul metropolitan area via Interstate Highway 94 and State Highways 5 and 36. Major employers located near Lake Elmo include 3M, Independent School District 834 in Stillwater, The Hartford, and Imation Corporation. The city of Lake Elmo is developing plans to accommodate a population of 24,000 by 2030, as a result of an agreement with the Metropolitan Council. Plans call for capitalizing on the character of the Old Village through the development of new housing units, pedestrian and bicycle trails, a central park and public facilities. Additional housing units will be located along the 1-94 corridor. Housing development in LakeEimo History Lake Elmo's first settlers arrived in 1848, building a hotel and tavern, which served as a stage coach stop connecting Stillwater and Saint Paul. In the 1870s, it gained popularity as a resort area where visitors enjoyed fishing and other recreational opportunities. Street car lines running out of Mahtomedi eventually replaced stage coaches; Lake Elmo lost many of its resort businesses in the 1890s. Over time, tourism gave way to agriculture as the dominant industry. In 1925 the small commercial district incorporated as a village. Present day Lake Elmo was formed in 1972 when the village joined with East Oakdale Township. With the growth of the Minneapolis -Saint Paul metropolitan area, Lake Elmo saw an increase in residential development accompanied by a decline in farming. By encouraging rural residential development, the city limited typical suburban residential patterns found throughout the metropolitan area. The city is well positioned to accommodate new residential and employment growth while retaining its rural character. Education The City is served by three independent school districts: ISD No. 622, North St. Paul -Maplewood - Oakdale; ISD No. 832, Mahtomedi; and ISD No. 834, Stillwater. 'The primary district is ISD No. 834, Stillwater, which operates nine elementary schools, two middle schools, a senior high school, and an area learning center. Lake Elmo Elementary and Oak Land Junior High schools are located in Lake Elmo. District enrollment for the 2008/2009 school year is 8,782. Recognized for its use of technology in the classrooms, ISD No. 834 offers a variety of academic and extra -curricular programs. Independent School District No. 622, North St. Paul -Maplewood -Oakdale, operates nine elementary schools, three middle schools, two senior high schools, and an alternative school. District enrollment far the 2008/2009 school year is 11,108. 2 Independent School District No. 832, Mahtomedi, operates two elementary schools; one middle school, and one senior high school. Combined enrollment for the 2008/2009 school year is 3,105 students. A wide range of public and private colleges and universities are located within easy driving distance for Lake Elmo residents, including Century Community and Technical College, the University of Minnesota, Metropolitan State University and the University of Wisconsin - River Falls. A variety of technical schools and training programs are also available. Health Care Two hospitals serve Lake Elmo residents providing comprehensive health care services. Lakeview Hospital, recognized as one of the nation's 100 Ton Hospitals® by Thomson Reuters, is located in Stillwater and Woodwinds Hospital is in Woodbury. A number of clinics are located within the city. Residents also enjoy access to a variety of health providers located in the Minneapolis -Saint Paul metropolitan area. Recreation Lake Elmo and the surrounding area offers a multitude of outdoor recreational opportunities, including swimming, fishing, water skiing, boating and sailing, as well as hiking, camping, tennis, cycling, and numerous winter sports such as snowmobiling trails and cross country skiing. The area is also well- known for its wildlife habitat and excellent hunting. The Lake Elmo Regional Park Reserve is a 3.5 square mile area that is being returned to its natural state to reflect the land as it was before settlers arrived. 80 percent of the park is a natural preserve, and the remaining 20 percent is devoted to active recreation, including a boat launch, hiking trails, three separate campgrounds, canoe access to the lake and equestrian trails through the woods. It is an ideal site for picnicking, camping, swimming, boating, hiking and trail rides. Outside of the Lake Elmo Park Reserve, there are over 15 city and county parks that residents can enjoy. The nearby St. Croix River offers yet another population destination for relaxation and recreation. Community Celebrations Lake Elmo takes pride in its community events. As a host for the annual Washington County Fair, much of the preceding year is spent preparing for this event. Held the first week in August, the Washington County Fair features a demolition derby, motorcycle racing, ATV pulls, tractor pulls, horse polls, carnival rides, 4-H exhibits, horse shows, balloonists, live entertainment, sheriff' s demonstrations, a parade, talent shows, arts and crafts, and booths featuring local businesses. Recently, a fall festival has been organized to welcome local residents and to help neighbors get to know each other. The festival features a parade, silent auction, car show, live band and a pig roast. The Organization Lake Elmo operates as a Plan A Minnesota statutory city. The city council is comprised of a mayor elected at -large for a four-year term and four council members also elected at -large for four-year terms. The city council is assisted by various commissions and citizen committees. The city administrator reports to the city council and serves as its pleasure. As the city's chief administrative officer, this position is responsible for supporting the city council's policy -making activities, preparing and administering the city's budget, and directing and overseeing municipal operations in accordance with city ordinances, resolutions, and policies. The city administrator is also responsible for providing strategic direction to implement the approved comprehensive plan. The city administrator has six direct reports and exercises supervision over all municipal employees, either directly or through city department heads. The position also provides oversight and coordination with contracted services, including engineering, planning, law enforcement, forestry, and finance. The city of Lake Elmo has a 2009 general fund budget of $2,892,060 and employs a 13-member staff, including a full-time fire chief. Thc city also has 27 paid on -call fire firefighters who operate from two stations. The city of Lake Elmo organizational chart is shown below. FMNN1NO I BUILDTNO PLANNING DIRECTOR PLANNER BUILDING OFFICIAL BUILDING INSPECTOR CITY OF LAKE ELMO ORGANIZATIONAL CHART COMMISSIONS PUBLIC WORKS / PARKS HEAVY EQUIPMENT OPERATORS Icrr ICITY counrcll. ATTORNEY CITY ADMINISTRATOR FINANCE / HUMAN RESOURCES ADMINISTRATION morscr ASSISTANT TO THE ADMINISTRATOR I r env CLERK i PROGRAM ASSISTANT FIRE DISTRICT CHIEFS CAPTAINS itttr 43111 CONTRACTED SERVICES ENGINEER FORESTER PLANNING FINANCIAL CONSULTANT 4 Position Requirements Bachelor's degree in public administration or a related field, Master's degree preferred; and at least five years experience in local government management as a city administrator or assistant administrator with a strong background in planning and growth management. The ideal candidate will be a skilled leader who effectively engages the city council, residents, and staff and builds consensus on creative ways to approach city issues. Requires experience in government finance, long-range planning, staff management, and intergovernmental relations. Must demonstrate strong interpersonal and communications skills and have a thorough knowledge of municipal operations. Desired Capabilities Experienced leader who encourages the city council, staff and residents to create a positive vision for the f-uture Builds a trusted relationship with the city council, understands what is important to each member while working at the direction of the entire council Open and honest communicator who ensures that all council members receive consistent information Good listener who helps elected officials frame policy issues and offers professional advice and recommendations Cahn and objective under pressure; handles conflict straightforwardly and tactfully without taking things personally Skilled manager who implements city plans and policies and achieves the desired outcomes within established timelines Promotes a collaborative work environment that values teamwork, initiative, and accountability Creative thinker who is receptive to new ideas and continuously seeking opportunities to improve Lake Efrno Fishing Pier operations and services Immediate Priorities Immediate priorities requiring the city administrator's attention include: • Establishing effective working relationships with the city council, staff and residents • Becoming familiar with the comprehensive plan and the requirements of the memorandum of understanding with the Metropolitan Council as preparation to address development decisions for the Old Village and along the 1-94 corridor • Assessing city operations and staffing levels and identifying opportunities to improve services and maximize public resources Opportunities for Leadership Developing creative growth strategies. The city administrator will provide leadership in developing creative growth strategies and development standards designed to enhance sustainability and preserve the community's natural resources. Because of the current economic climate, the city expects to renegotiate growth targets with the Metropolitan Council. Opportunities for Leadership (Continued) Promoting sustainability. As the city places an increasing emphasis on sustainability in its development standards, it recognizes sustainability as a community -wide value that should be reflected in city services and operations. The city administrator will introduce and explore opportunities for the city to become a model for sustainable development and services. Infrastructure financing. Planning for growth requires the extension of utilities and other infrastructure. The city administrator will make recommendations to the city council on sizing, timing and financing of infrastructure needed to support the city's development plans as well as the maintenance and replacement of existing infrastructure in other areas of the city. Planning for future operations. As the city grows, the operating requirements for city services will change. The city administrator will evaluate changing service needs, being open to opportunities for arrangements with other local governments and private and non-profit organizations. Building a cohesive sense of commnnity. Lake Elmo's small town charm is one of its greatest assets. As its population increases, the city wants to take proactive steps to build a cohesive sense of community. The city administrator will provide leadership in developing and implementing strategies that enhance the city's sense of community. Compensation Salary up to $105,000 commensurate with qualifications and experience. The city's benefit program includes paid -time off; health, dental and life insurance; short and long term disability insurance and retirement contributions through the Public Employers Retirement Association or an approved alternate plan. Application and Selection Process To apply for this position, send a cover letter, resume, salary history and work -related references to Sharon Klumpp, Senior Vice President, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, MN 55101-2887; lakeelmo@soringsted.com; 651.223.3053 or fax to 651.223.3002. Position open until filled. Review of resumes will start on July 15, 2009. Equal Opportunity Employer Tentative interview dates: August 20-21, 2009 6 The City of Lake Elmo, MN, (pop. 8,182) seeks an experienced city administrator. Reports to a 5-member city council. Supervises a general fund budget of $3 million and 13 FTEs. Requires bachelor's degree in public administration or related field & 5 years experience as a local government administrator or assistant administrator with a strong background planning and growth management. Master's degree desired. Requires experience in government finance, long -range -planning, staff management, and intergovernmental relations. Must have strong interpersonal and communications skills and a thorough knowledge of municipal operations. Salary up to $105,000 DOQ/E. Visit wvvw.lakeelmo.ora and www.snringsted.com for brochure & more information. Cover letter, resume, salary history, & work - related references to Sharon Klumpp, Springsted Incorporated, 380 Jackson St., Suite 300, St. Paul, MN 55101; 651/223-3053; e-mail lakeelmo@snrinststed.com. Position open until filled. Initial review of resumes begins 7/15/09. EOE. Annual Salary Data for Metro Communities from G,00to1O,000Population Source: League ofM1nnesota.{JKieoSalary Database mn-|a 'lVldhb&fi'6h/' Shorewood St:Spring Lake Park 6623. ` 83�1� ^ . ` . ____ Aged Average -44 ntro, Ole,h/Adnminbdndor - Metro anager ^ .. f Uhl" »".°^ .o* ' wo'wo � 96,000.00 08.QOOIXD � 9G.ODO'O0 ' ---- —^ - - ~~ 96,097.80 95,097.60 . 95.09760 ' 95,097-60 Corcoran Inyton ast Bethe Annual Salary Data for Metro Communities from 6,000 to 15,000 Population Source: League of Minnesota Cities Salary Database 5153 5800 2 42 87,756.00 67,849.60 9, 7 . 9, 73.5 80,191.80 98,654.40 80,191.80 80,191.80 4i2.31- i1-0157gtr---1260.00 , 102,260.00 11.60 '126,172,80 12072.80 7261721-0- 0 Metro ra or histrator AdMinistrator Gra otro level 19 a e Falcon Heights _ 5776 Metro City Administrator 10367-1etro idly Administrator Ttrh'ilsrator o , 769 Metro City Administrator Utile Uri-a-67 0 ministrator Matitiiniedi ', - 8 i ro :- n trator Heights 11566 Metro City Administrator PrrinetrIsta dm)nistratbr Mounds View flbisdaIe = Shorewood 'SFir76raTi". Park St.Arithony Village aPea-a Wi��iii WEroria -- - Uri -aged -- Average Aged Averaw_ 12680 Motro City Clerk/Adminis 369 7499 Metro City Clerk/Ad MTiitrator 6623 Metro surer - 74,193.59 95,097.60 83611 e ro •City Manager - 0.00 = 107,723.00 J 107,723.00 107,723.00 107,723.00 City AdminErafF------' 85,000.00' ,000.0 3 Metro -City Adi T to : 7 ,355. 0 99, 9,733.00 9T1 9. , 8 , 83,477.06- 108,747.00 , 9 . 93, .0 76,608.00 97,083.00 83,076.00 99,448.00 n-,F4174"6----9g7817M-- 1.4.111011.2. 83,300.00 83,300.00 08,747.00 , 08,74 .00 93,672. b0 IMPEOI5 —100,734-.40-71-00;73.4:40- 1T4-43.00 --6§74100 95,867.20' 05,867.2d 81,886.00 ' 99,533.00 99,532.00 99,532.00 81,868.00: 98,238,00 - 88,000.00 88,000.0 trator 83 220.80 I 104,041.60 88' 420.80 ' 88 420.80 —TIT,137(574T 11711 ,416.00 774-70.0-17 89,27 ,000.00 80,191,80 102,2615".15r: 77,172713/5- VNIPIAMINNII.811* 83,300.00 F,73,76-07 T00,154.4r- 1,111757 ,867,20 88,420.80 7:416,00 60 nlstrator 72,600.00 105,000.00 96,000.00 96,000.00 11.001.1. 95,097.60 95,097.60 96,000,00 •Inlfreana 95,097,60 941....^NATEINAVMIATN. 7 etro City Administrator -'-86,593.00 --117737470--- 11)1,874.30_, 101,874.30) ,87 .30 $71,554.94 $98,005.17 $98,005.17 $98,005.17 $100,816.26 9 June 12, 2009 June 16, 2009 June 18-19, 2009 June 19 — July 17, 2009 July 17 — July 30, 2009 July 31, 2009 August 4, 2009 August 5 — 14, 2009 August 18, 2009 August 20-21, 2009 September 1, 2009 City of Lake Elmo, Minnesota Tentative Project Schedule City Administrator Search Draft position profile is completed and forwarded to the City Council City Council approves the position profile (Springsted present) Advertisements placed Recruitment (recruitment open until position is filled; review of resumes starts July 15) Candidate screening and evaluation Written candidate information to the City Council City Council selects candidates to interview; specific interview process determined. (Springsted present ) Reference checks and background reports completed Supplemental information on candidate references distributed interviews conducted, Springsted present Interviews conducted (Springsted present); employment offer made following the interviews Approval of employment agreement 12-Jun-09 City Council Oate01509 Regular Item: Resolution 2009-026 � � ITEM:- Considen�ionofRen�u��onsinsUpp�offomna/000adonshothe � 0NRM�mG��� �nea�naRn� Qmfor Sun1�h�Lake Park � REQUESTED BY Cmm|Kheg|er, Project Assistant Kathy VVidin, City Forester ' REVIEWED BY: Park Commission � Craig Dawson. |nbahm City Administrator Mike Bouthilet, Parks and Public Works Superintendent SUMMARY AND ACTION REQUESTED: The City Council }ubeing asked toconsider resolutions insupport offormal applications bzthe Minnesota DNR Metro Greenways Program for Sunfish Lake Park. One grant is a restoration grant for the installation / management of prairie in Area 2 while the other is a conservation planning grant for the development of a natural resource management plan for the entire park. The restoration grant requires a5D%match. The cost ofthe project iamutinnmtedat$6O.7UO through mid -summer 2O11. The City then, would berequired toprovide amatch of $30.350.00 over two and ahalf years with the funds coming from the park capital fund. The conservation p|mnninggrant for the development ofmnatural resource management plan requires a2596 match. The cost ofthe project is estimated mt$11.O75.00. The City then, would be required to provide a match of $2,768.75 with the funds coming from the park capital fund. BACKGROUND INFORMATION Sunrish Lake Park Prairie Restoration (Metro Greenways Grant Program) The Minnesota DNR'yMetro Greenvvaysprogram was established 8:protect, connect and restore natural areas in the Twin Cities metropolitan region. The program provides grants through a competitive process to local units ofgovernment to proheot, nastore, and enhance high quality natural habitats. Metro Greenways restoration project grants provide funding for 50% of total project costs. Area 2ofSunfish Lake Park is a2Oacre parcel that has been in agriculture for onumber of years' K1ostnaoenUythe area has been planted invvhept, The very neadyfina|�edConaamatkzn Eeser�entfor the park calls for this area mfthe park toeventually berestored hzaplant community native hothe area. An ecologist has recently identified small areas within the pork an mesid : prairie. Restoration of the area to a native plant community will result in improved wildlife habitat, increased plant diversity and improved aesthetics for park users and residents. The installatlon of the project and subsequent management practices would be based on sound and vve||'fpunded ecological principles. Goals: • To restore the area currentlybeing cropped, to a plant cmnnunhx(orairie)that closely resembles vvhad'vvow|dhave existed inpre-settlement times. ° to develop and implement a native planting at the parks entrance and along the drive into the park that would besomewhat organized and educational innature. ° Todevelop and implement aplan for the parking area that would define the area and prohibit cars from entering other areas cfthe park. a To develop and implerrent a plan for a filter strip and raingarden along the north side of the p arking lot that would filter run-off and protect water quality of Sunfish Lake Park. Restoration Process Conducting restoration activity shortly after wheat harvest late this summer should provide excellent conditions and opportune timing hobegin the project. |twill take about 5years to effectively establish the prairie. The prairie restoration process includes seed bed preparation. seed 'inabm|lation, mulching, sensibly applied herbicide applications to uonbn| invasive species, mowing and burning. Aoemd mix Will be used that is comprised of the species that are believed to be native to the site. The seed will ohQ\na0a from the same eooregion or in countie's that adjoin this oconaBion. The installation of the restoration project and subsequent management will be based on sound and well -found ecological principles. The restoration project does not include the planting of eeed|ingn, though the prairie could be supplemented with seedlings in the future, at a coat of mboutninetycents per seedling. Budget Improvement Activity � Prairie Restoration installation 'O9 � Prairie K8enagament'1O Prairie Management '11 Entrance / driveway nodma planting, noinQmnden.parking area planning and design. � Parking lot improvements, naingardenimplementation Entrance / drive native plantings Cost $36,000 $8,000 $4.00O $1,200 Private firm / $6.600 conservation group The total cost of the Sunfish Lake Park restoration / improvement projects isanticipated to bwabout $@D,700through mid summer of2011' It is suggested that the grant request bain the amount of $30,360.00. The City then, would be required to provide match of pp to $38,3SU'W0for the project thnmughmnid+wmnm,nermf2011thetnvwu|dcmmnefrornthmc|ty`s park capital fund ' While,only the prairie restoration portion ofthe project is technically eligible for grant funding, representatives ofthe DNRhave indicated nwillingness tnaccept expenditures related bothe other improvements (entrance — driveway plantings, parking lot, raingarden), towards the 50% match onthe prairie restoration costs. In addition, representatives ofValley Branch Watershed District have expressed a good possibility that any improvements related to protecting / improving vvmter.qua|ih/would be eligible for acommunity cost share grant of5O%. Therefore, it's possible 2 that the Cdvsshare ofthe total improvement project could be less than 5OY6ofthe total project cost ` WhileJhe grant provides funding for activities that occur through mid -summer of 2011, it will take � abouL5years hzeffectively establish the prairie. The majorityofthe total costs oythe project are � associated with the installation with annual management costs decreasing each year. Sunfish Lake Park Natural Resource Management Plan (Metro GmeenmaysGn*nt The Metro GreenwaysGrant Program also offers grants for the development ofnatural Resource Green Infrastructure Based Plans. Reimbursement for the conservation planning grants is 75%. Sunfish Lake Park is an area with significant natural features, vvetkand, wood|and, and grassland plant communities which have become degraded over time, primarily through colonization by invasive plants. Water quality, wildlife habitat and enjoyment ofthepmrhbyuomn*havobeen reduced asplant diversity and habitat quality have decreased. These native plant communities are still at a point where they can be improved with planned conservation management. Such management will result /nimproved wildlife habitat and water quality with the added benefit mf improved aesthetics for park users. Goal: The goal ofanatural resource management grant for Sunfish Lake Park ietoassess current status of park natural resources and prepare a long-term management plan to address ways to improve the plant communities so that they function to protect water quality and improve wildlife habitat. Objectives: /. Survey meexistin to determine species composition and degree ofdisturbance/degradation 2. Survey presence of invasive plants and degree of invasiveness 3. Develop management protocols for invasive plants 4. Develop plans for re -planting and establishing native tree, shrub and ground -layer plant species Pmrtowrm:The C�vofLake Elmo, VgUev�n�nchVV�tershedD�thc�VVashinotun(�onsen/edon District,' privatee' bm�a| restoration firm ' ` Budget Entity Emtnt Hourly Rate Emtim.Cos � Hours K.VVidin.Forestry Consultant 100 $50./hr $5.000. Plant Ecologist (private firm) 75 $65Jhr $4.875. VVooh�Conserv.Dist. 20 $60./hr $1.200. (wetland specialist, staff) Total estimated cost for mngL $11.075� plan (grant request $@,3DM'25 The total cost of the development of Sunfish Lake Park natural reapunzm management plan is estimated tobe $11,875.00. It issuggested that the grant request beinthe amount of$8,�06'25' The city then' would be required to provide a match of$2'7$8.25 for the project that would come from the CYky'spark capital fund. ACTION REQUESTED: Motion to adopt resolution no. 2009-026 in support of formal applications to the Minnesota DNR CITY OF LAKE ELMO Washington County, Minnesota Resolution No. 2009-026 A Resolution to support applications made to the Minnesota Depar ',dent of Natural Resources Metro Greenways grant program for a restoration grant and conservation planning grant for Sunfish Lake Park. WHEREAS, the City of Lake Elmo recognizes Sunfish Lake Park as a beloved oasis with significant natural features, WHEREAS, the City of Lake Elmo recognizes that Sunfish Lake Park is an area with wetland, woodland, and grassland communities that have become degraded over time WHEREAS, the City of Lake Elmo is committed to the conservation, preservation, protection, management, and restoration of its valued natural resources, WHEREAS, the City of Lake Elmo supports the restoration of an approximate twenty (20) acre parcel of Sunfish Lake Park, WHEREAS, the City of Lake Elmo supports the development of a natural resource management plan for Sunfish Lake Park, NOW, THEREFORE, BE IT RESOLVED, the City of Lake Elmo supports application to the Minnesota Department of Natural Resources Metro Greenways grant program for a restoration grant to restore a prairie at Sunfish Lake Park and supports application to the Minnesota Department ofNatural Resources Metro Greenways grant program for a conservation planning grant for the development of a natural resource management plan for Sunfish Lake Park. BE IT FURTKER RESOLVED, the City Council of the City of Lake Elmo commits to a fifty (50) percent match to the restoration grant and twenty-five (25) percent match to the conservation planning grant PASSED AND ADOP iID BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, THIS l6th DAY OF June, 2009. Dean Johnston, Mayor ATIh,ST: Sharon Lurnby, City Clerk City Council Date June 16.2009: REGULAR lbann: Status Report — No Motion ITEM: Speed Indicator Sign nnIdeal Avenue (CR13)near Hidden Bay Trail North SUBMITTED BY: Craig VV.Dawson, Interim City Administrator SUMMARY AND ACTION REQUESTED: During the Public Inquiry section ofthe June 2Council meeting, o resident representing the Th-Lakes Association asked whether a speed indicator signoou|dbep|aomdon|dea| Avenue where the speed limit drops from 50 to 40 miles per hour Uust north of Hidden Bay Trail North). Council requested that staff report onthis matter at the June 1GCouncil meeting. Asthis \goCounty Road, \ spoke with Washington County staff about what could bedone. Washington County plans todowhat io described below inresponse tothe Qty'sconcerns. Nnfurther action ofthe Council isnecessary atthis time. BACKGROUND: Ideal Avenue isWashington County Road 13. Washington County prefers toown and operate what kao\��ed|n�shg . A^�hvar feedbacksign", aapeedind�ator/�etheoneonHi Highway SbyLakeBrno' Avenue, costs approximately $15,000 to install. County staff plans bouse one ofits battery - powered temporary feedback signs that would be placed on an existing pole over the next six months or so, and determine whether apermanent indicator sign isappropriate, • For the next two weeks, speed data would be collected to understand speed patterns before the temporary driver feedback sign isinstalled. The County would also look sdsight-line issues and the current placement ofspeed limit signs. * For the next six months or so after that, the temporary sign would be in place and operating. • After the temporary sign is removed, within a few weeks and collect speed data again kzdetermine whether a driver feedback sign has been effective, or whether other measures will be more appropriate. This collection of data would also be part of a speed study to determine whether any change inthe speed limit ioappropriate. • |fapennanentdhverfeadbaokoign}sthehghta|harnadve`theCountyvvou(d|uoksdinnbaUaUonin2O1O or2011.depending onavailable funding. Washington County will onthis plan unless ithears otherwise from the City. City Council Date: 6/16/09 Item: NOT a Public Hearing ITEM: SIGN CODE ORDINANCE — An ordinance repealing existing sign code regulations and adopting new regulations to govern signs in all zoning districts. SUBMITTED BY: Ben Gozola, Senior Planner REVIEWED BY: Kyle Klatt, Planning Director Kelli Matzek, Assistant City Planner ACTION REQUESTED: The City Council is asked to take action on a proposed ordinance to repeal all existing sign code regulations in favor of a new set of revised sign controls. The new framework follows the most up-to-date guidance from the League of MN Cities to ensure the regulations are constitutional and do not conflict with the First Amendment. Additionally, we have strived through this process to stay true to existing sign standards and did not seek to make substantial policy shifts unless specifically requested by the public or the Planning Commission. Input which resulted in the final language was received at two public open houses, one public hearing, and multiple meetings of the Planning Commission and City Council. All changes requested by the Council at the 6-9-09 work session meeting have been incorporated into this final draft. RECOMMENDATION: Approval of the proposed ordinance to update the City of Lake Elmo sign regulations as presented. ORDER OF BUSINESS: Introduction Ben Gozola, Senior Planner Report by staff Ben Gozola, Senior Planner Questions from the Council Mayor facilitates Call for a motion Mayor facilitates Discussion of the motion Mayor facilitates Action by the City Council City Council ATTACHMENTS: 1. Ordinance 08-015 which repeals all existing sign code regulations and officially adopts new sign regulations. 2. Resolution 2009-025 which authorizes summary publication for the new sign ordinance. 3 A clean copy of the proposed ordinance language which is color coded to identify NEW language, EXISTING language, and MODIFIED language. 4. A summary of public feedback received to -date which helped to shape the draft ordinance currently under consideration. 5. A copy of the City's existing sign regulations with references identifying where current regulations are located within the new code. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-015 AN ORDINANCE REPEALING EXISTING SIGN CODE REGULATIONS AND ADOPTING NEW REGULATIONS TO GOVERN SIGNS IN ALL ZONING DISTRICTS IN THE CITY OF LAKE ELMO SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to eliminate existing definitions as follows: SIGN, 3 DIMENSIONAL. A a shoe orpraduot-sold., opp o projecting signwhich depicts a physical object, ,-uch as SIGN, ADVERTISING. A sign that directs attention to a business or profession or to a commodity, service, or cntatainment not sold or offered upon the premises, where the sign is located or to which it is attached. E. A 51,, operating and permissible agricultural sales business,. Off pre es agricultural sales signa Shall be Ldministered as temporary signs riabject to all rer.-zaval requirements outlined in code. SIGNAREA. The area which is ...frcimed eithcr pbyca1ly or visually by t-lie-zonartx..,Set# desio, or layola of a sign itself but rot inc uding supporting structures. I SIGN, AWNING. Any sign that is painted on or attached to an awning, SIGNBANNER. A temporary c'ign intended. to be hung either with or without a frame possessing characters, letters, illustations, or ornamentations applied to paper, plasa‘, or fabric of any kind e;c1udig flags, emblems, and insignia or political, professional, religious, education, or CO rp displayed for non :...'3Fr.Paial • • event, person, or subject not usually related to the premises on which the sign is located. /. An illustration that shows all signs on a build:mg or group • Ordinanc. 08-015 r'". • 'crr.'f. 6-16-0.2 Or to which it is a A sion that dircct attention to a business or provision or to thc wher,c the sign irlocated ched. r and may also include identification of civic organizations located within the city. project o hi 'eh contains no CAvertising of any kind and provide5 . . SIGN, ELECTRICAL. An ilhzrnthated sign upon which the artificial light Constant in terms of intensity or color at all times when thc sign is illurnina SIGN, FLASHING. An illuminated sign winch ooa light source not xnsant ir„ intensity or gn io ir use. SIGN, FREESTANDING. Any ctationary, celf supporting sign standing on the ground re affixed to any other structure, Ine1diz monument, ground, -or pedestal signs. sign board e.ffined '- graphic doeigi shall h is er-e-cted by a eevernmental unit for mur pietor-ial scene painted on a wall or building or painted en -a upon tho ground. upright, pales, or braces in or ,i it may be amended from time to time. cxce d2 size. SIGN, ILLUMINATED. Any sign, whict i3lig1d .7" -3 M an interior source. building but not supp Slas-s7 -Ain?, from part of the wall of ted of durable material such as metal or SIGN, MOBILE. Signs on wheals or otherwise designed to be transportable. pg 2 Ordina 0E-015 Ch'y Coun11; SICN,MOTION. Any sign which revolves, rotates, has any mo ring parts, or gives the SIGN, NAMEPLATE. A sign which states the name and/or address of the business, industry, or-oceupant of the site and is attached to the building or site. SIGN, NEIGHBORFIOODISECTOR, A fte section -of the city. SIGN, OFF PREMISE. A commercial speech sign which directs the attention f th p 1)1' to a businece,, activity conducted, or product sold or offered at a location not on the cane here ,ueh sign is 'Gee- appIrtor..cat-A3e to a lot -en whieth a business is located shall be deemed an off premises sign. SIGN, ON PREMISES. A sign which identifies or advertises an establishment, person, aeti-vity, gaeds, pr.-ydtiets or services locat3d on the, premises where the sign it instal -le& SIGN, PEDESTAL. A ground sign usually erected 1 central shaft or post which is solidly affixed to the ground. d of darcble materials designed to exist for the duration of time that the u.se ar occupant is located on the premises. SIGN, PROJECTING. Any sirs projecting from a building orate SIGN, PUBLIC UTILITY. Signs which identify public SIGN, REAL ESTATE DEVELOPMENT. A sign offering for sale, lease, or rent a single - or multiple-funily rc.•,sidential project of 10 or more dwelling units or lots. SIGN, REAL ESTATE. A sign rent: - SIGN, REAL ESTATE DKr family or multiple- family resid OP E.N.T. A sign offering for sale, lease, ar rent a-single- lling units or lots. Real estate Outlined in code. e flashing which blink on and off but may inaludosig-ns which produce moving effect through use of PaN'OlY or tuxn on an axi h as a pedestal, string, or poat shall solutions per minute. SIGN, ROOF. A sign erected upon or above a roof or parapet of a building. Pg 3 Ordinance 08-015 Lily 6-16-09 . Ne sign permit fee is rcquired. NTER, OR INDUSTRIAL PARK. A businet ign sigiting a group o shops or offices ore than 3). SIGN SUBDIVISION IDENTIFICATION DISPLAY. A dioplay, n-tial subdivision. SIGN, TEMPORARY. Any .fign intended for dioplay over a short period of time. SIGN, WALL. A sign attached to rected against the wall of a building with the exposed face of the sign on a plane parallel to the plane of thc wall. SIGN WA YSIDE STAND. A sign located on a temporary structure or vehicle being used to sell agricultural, fleFieult-aral, or—h-ertic-edtural products. SIGN, WINDOW A sign affixed to a window glass -or door glas,s. This does not include merchandise on displa SIGN. Any -letter, word or symbol, device, poster, picture, statue, reading matter or representation in the nature of an advert.. , or vic,•.,,-21 eommunicati , ,1 c--,,,,,--structed, which is displayed for informational er communicative purposes aid to the general public. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title 1: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to add the following definitions in alphabetical order with the already existing definitions: ANIMATION. The movement or the optical illusion of movement of any part a sign, sign structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; the automatic changing of all or any part of the facing of a street sign. AWIVING. A shelter supported entirely from the exterior wall of a building. CANOPY. A detachable, rodlike cover, supported from the ground or deck, floor or walls of a structure, for protection from the sun or weather. pg 4 Ordinance 08-015 Cfty Councff: 6-16-09 COMMERCIAL SPEECH. Speech or graphics advertising a business, profession, commodity, service or entertainment. MULTI -TENANT BUILDING. A grouping of two or more business establishments that either share common parking on the lot where they are located, or that occupy a single structure or separate structures that are physically or functionally related or attached. NON-COMMERCIAL SPEECH. A sign that contains a non-commercial message. Examples of non-commercial messages include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. UNIFIED RESIDENTIAL AREA. A residential grouping of lots that share a plat name over one or more additions. SIGN, ABANDOIVED. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign. SIGN, AWNING. A sign or graphic printed on or in some fashion attached directly to the awning material. SIG1V, BANNER. A temporary sign typically made of cloth, plastic or vinyl materials. SIGN, BILLBOARD. A sign structure with a surface area over one hundred (100) square feet per surface that identifies or communicates a commercial or non-commercial message. SIGN, BUSINESS VEHICLEIDENTIFICATION. A sign that is permanently mounted or otherwise permanently affixed to a vehicle, trailer, or semitrailer which identifies the business, products, or services with which the vehicle, trailer, or semitrailer is related. For purposes of this definition, magnetic and adhesive signs shall be considered as being permanently affixed. This definition shall also include non -permanently affixed signs that do not exceed 32 square feet erected in concert with a legally operating wayside stand. Bumper stickers and similarly sized adhesive decals shall not be considered business vehicle identification signs. SIGN, CANOPY. A sign that is mounted, painted, or otherwise applied on or attached to a freestanding canopy or structural protective cover over an outdoor service area. An awning or a marquee is not a canopy. SIGN, CHANGEABLE COPY. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature. pg 5 Ordinnce 06.015City (:,'OtinCii," 6- / 6-09 SIGN, DIRECTIONAL. An on -site sign for the purpose of making specific locations known and to assist in finding these locations (e.g. "Parking," "Shipping Receiving Area"). SIGN, ELECTRONIC VARIABLE MESSAGE. A dynamic signs whose message are changed at reasonable intervals by electronic process or remote control and whose movement is the periodic changing of information against a solid background, engineered for maximum legibility and readability, and having a constant light level and glare reduced screens. This definition does not include static time, temperature and price displays which only change when necessary for accuracy. SIGN, FLAG. Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices. SIGN, FREESTANDING. A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. Monument, pole, and ground signs are all freestanding signs. SIGN; GOVERNMENTAL. A sign erected and maintained by or on behalf of the United States, the state, the county, or the city for the purpose of regulating traffic or for other civic purposes; the size, location, and height of which is dictated by the applicable agency to fulfill the intended civic purpose. SIGN, GROUND. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding six (6) feet. SIGN, HISTORIC. An existing sign which has a special historical, architectural, cultural, or aesthetic value to the community. SIGN, ILLUMINATED. Any sign which contains an element designed to emanate artificial light directly or indirectly. SIGN ILLUMINATION, BACK LIT. A direct source of light which illuminates a sign by shining through a translucent surface of a sign, including plastic signs, lit from an internal light Source. SIGN ILLUMINATION, DIRECT. A sign whose light source is either located in the interior of the sign so that the rays go through the face of the sign, or which is attached to the face of the sign and is perceived as a design element of the sign. SIGN ILLUMINATION, EXTERNAL Illumination of a sign that is affected by an artificial source of light not contained within the sign itself. pg 6 ordinance' 08-015 City Counoil; 8-18-09 SIGN ILLLUMINAIION, INDIRECT. A sign whose light source is external to the sign and which casts its light onto the sign from some distance. SIGNILLUMINATION, REVERSELIT. A direct source of light which illuminates a sign by shining off an opaque surface of a sign thereby casting the light off the wall behind the sign creating a halo effect. SIGN, MONUMENT. Any freestanding sign with its sign face mounted on the ground or mounted pn a base at least as wide as the sign and which has a height exceeding six (6) feet. SIGN, MURAL. Any mural or pictorial scene painted on a wall or building or painted on a sign board affixed to a wall, and in which mural or scene has as its purpose an artistic effect. SIGN, OFF -PREMISE. A commercial speech sign which directs the attention of the public 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. SIGN, PERMANENT. A sign constructed of durable materials designed to exist for the duration of time that the use or occupant is located on the premises. SIGN, POLE. Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open SIGN, PORTABLE. A sign not permanently attached to the ground or a building or designed to be permanently attached to the ground or a building. SIGN, PROJECTING. A sign attached to and projecting out from a building face or wall, generally at a right angle. SIGN, ROOF. Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. SIGN. 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. SIGN, REAL ESTATE DEVELOPMENT. 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 subject 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. Off -premises agricultural sales signs shall be administered as temporary signs subject to all removal requirements outlined in code. Pg 7 Ordinance 08-015 aft), Courn.711; 6-1 SIGN, SNIPE. An off -premises sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other object SIGN, TEMPORARY. Any sign intended for display over a short period of time. SIGN, WALL. A sign attached to or erected against the wall of a building with the exposed face of the sign on a plane parallel to the plane of the wall, and which displays only one (1) sign surface. SIGN, WARNING. A sign located on private property posting such property for warning or prohibitions on trespassing, hunting, or other activity. SIGN, WINDOW. Any building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 151: Building Regulations, by repealing city code sections 151.115 through 151.126 in their entirety. SECTION 4. The City Council of the City of Lake Elmo hereby amends Chapter 151 to add the following language: 151.115 PURPOSE (A) Purpose and Findings. Purpose. (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 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 signs with the following objectives in mind: a. Signs shall demonstrate a high standard of aesthetic character and encourage the use of monument and individual letter -style signs; Pg 8 Ordiaance 08-015 City Council: 6-16-09 b. 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; c. Signs shall be proportioned to the size of, and architecturally compatible with, the structures and other signs on the premises; d. Permanent signs shall only advertise on -premise businesses, services, facilities, etc; e. 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 keeping with the City's rural image; and to allow temporary directional signs permitting the public to more easily locate land conservation developments which enhance the City's rural image, without creating continuous visual clutter or traffic hazards along streets or at intersections; and f. Signs shall be properly maintained. g. Dynamic 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 eye 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 (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, May 2003 and The Role of Driver Distraction in Traffic Crashes, May 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 oftraffic accidents. pg 9 Orel rianc ,.8-01 5 City COLITC17; 6-1 6- (.1!;, (B). (2) 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: (a) The presence of permanent and temporary signage affects the rural image of the City of Lake Elmo; (b) Properly regulated signagecan create an atmosphere of prosperity, stimulate commercial activity, and consequently, lead to increased employment and a healthier tax base; (c) The safety of motorists, cyclists, and pedestrians can be threatened by signage that interferes with necessary sight -distances and/or unduly diverts the attention of such persons. (d) 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. Severability. If any section, subsection, sentence, clause, or phrase in sections 151.115 through 151.119 are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Sign 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. 151.116 ADMINISTRATION AND ENFORCEMENT (A) Permit Required. 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 be reviewed or considered in determining whether to approve or deny a sign permit. (1) Permanent Signs. To apply for a permanent sign permit, a complete application shall be submitted to the City containing the following: (a) Names and addresses of the applicant, owners of the sign, and lot; (b) The address at which the sign(s) are to be erected; (c) The legal description of the property on which the sign(s) are to be erected and the street on which they are to front; (d) A complete set of scaled plans showing the sign dimensions, area, height, ground elevations, applicable setbacks, and other details to fully and clearly represent the safe construction and placement of the proposed sign(s); (e) Type of sign(s) being requested (i.e. wall sign, monument sign, etc.); pg 10 OrdMance 08-015 Cy 5-16-C9 (f) The permit fee; and (g) The following if applicable: i. Written authorization from the property owner upon who's land the sign is to be erected. ii. A permit from either MnDOT or Washington County if the proposed sign is along a state highway or county road. iii. A sign plan showing signs for all businesses if the sign is located on a building with more than one business. iv, Photographs of the building face and the building faces of both adjacent buildings if the sign is being placed on an existing structure. v. If replacing a historical sign, pictorial proof or other information that the sign is of historical significance or is a reproduction of a historic sign. (2) Temporary Signs. To apply for a permit to allow a temporary sign, a complete application shall be submitted to the City containing the following: (a) Names and addresses of the applicant, owners of the sign, and lot; (b) The address at which the sign(s) are to be erected; (c) A generalized plan set showing the sign dimensions and height, and a notation of the materials to be used. (d) A scaled site plan which clearly represents the placement of the proposed sign(s) on the applicable property; (e) The proposed timeframe(s) over which the sign(s) will be posted; (f) The peiiiiit fee; and (g) The following if applicable: i. Written authorization from the property owner upon who's land the sign is to be erected. ii. A permit from either MnDOT or Washington County if the proposed sign is along a state highway or county road. (3) Temporary Sign Renewal. A temporary sign pet nit issued by the City may be renewed provided the sign design, size, location, or other previously approved details are not proposed to change. A sign renewal application shall include the following: (a) Names and addresses of the applicant, owners of the sign, and lot; (b) The address at which the sign(s) are to be erected; (c) The date of issuance of the permit being renewed; (d) The proposed timeframe(s)over which the sign(s) will be posted; pg 11 Ordinance 08-015 City Council; 6-1 :5-0 (e) Written authorization from the property owner upon who's land the sign is to be erected (if applicable); and (f) The permit renewal fee. (4) Review. The planning department shall approve or deny complete sign permit applications upon receipt of a complete application. If the permit is denied, the planning department will send a written notice of denial to the applicant. The written notice will indicate the reason(s) for denial and a description of the applicant's appeal rights. (B) Exemptions. The following signs shall not require a permit, but shall still comply with all provisions of this ordinance or any other law or ordinance regulating signs. (1) The changing of the display surface on a previously approved sigm. (2) Signs six (6) square feet or less in size, per surface if double sided. (3) Window Signage that does not cover more than 1/3 of the total area of the window in which the sign is displayed (4) Governmental Signage. (C) Fees. The fee for a sign permit is established yearly in the City's adopted fee schedule as indicated in section 11.02. pg 12 Qrdinance O8-015 City Council; 6-76-09 (D) Computations. (1) Sign Area Measurement. The area of a sign shall be computed by means of the smallest circle, rectangle or triangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the building facade against which it is placed. When a sign has two back-to-back sign faces containing sign copy, the sign area for both faces are counted toward the total allowed sign area. Poles, bases, and other supports shall not be included in the sign area calculation. Figure 1: Sign Area Measurement [CHANNEL L LITERS Width Area = 1/2 (b * h) (2) Sign Height Measurement The height of the sign shall be computed as the vertical distance measured from the average grade at the base of the sign to the top of the highest attached component of the sign. Figure 2: Sign Height Measurement Height of sign from average grade to the sign top midpoint of average grade pg 13 Orclinenc.9 0$-015 City Council; 6-16-00. (3) Total Sign Area Calculation The total square footage of all sign surfaces shall be computed by adding together the sign areas of all signs on a property. • Pole Sign Area + Wail Sign Area + Window Sign Area = TOTAL SIGN AREA Figure 3; Total Sign Area Measurement Example (E) Construction, Maintenance and Repairs. (1) The construction of all signs, unless otherwise stated herein, shall be in conformance with the provisions of the Uniform Sign Code published by the International Conference of Building Officials, 1997 Edition, as may be amended, which is hereby adopted by reference and made a part of this ordinance. (2) All signs and structures shall be properly maintained and shall be constructed of sufficiently permanent material so that they shall not succumb to deterioration from weathering. (3) Any existing sign or sign structure which is rotted, unsafe, deteriorated, defaced, or otherwise altered, shall be repainted; repaired, replaced, or removed if repair is not feasible. Sign maintenance shall be the responsibility of the underlying fee owner. pg 14 Ordn -015 City Council; 6-1 (F) Abatement If the City finds that any sign has been erected without the necessary approvals or any sign is being maintained in violation of any zoning provision, the City may give written notice of such violation to the installer of said sign; to the permit holder; and/or to the owner, lessee or manager of said property. If after receiving said notice such person fails to remove or alter said sign so as to comply with the provisions of the zoning ordinance, the sign shall be deemed to be a nuisance and may be abated by the City under Minnesota Statutes, Chapter 429. The cost of such abatement, including administrative expenses and reasonable attorneys' fees, may be levied as a special assessment against the property upon which the sign is located. 151.117 GENERAL STANDARDS (A) Abandoned Signs Abandoned signs shall be removed. (B) Buildingidentification. A building address, date of construction, commemorative tablet, etc; shall not count towards the overall permitted signage on a building or parcel. All forms of building identification, except for the building address, shall be cut into a masonry surface or be constructed of bronze or other incombustible material. (C) Building Official Review. No sign shall be attached to or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the City Building Official. (D) Changeable Copy Signs. A changeable copy sign, such as a reader board, may be integrated into an allowable sign subject to the following restrictions: (1) The message conveyed by the sign face shall not blink, flash, scroll or be so animated as to be deemed a distraction to passing motorists; (2) Copy on the sign shall not change more than once per day on average (except for time, temperature, and price information which must change when necessary for accuracy); (3) Characters and backgrounds depicted on a changeable copy sign shall not use florescent coloring. (4) All changeable copy sign faces shall be limited to a maximum of 25 square feet in sign area, or the maximum size of the type of sign on which the face is placed, whichever is less. (E) Flags. No more than 3 flags may be displayed on any given parcel. Individual flags shall not exceed fifty (50) square feet in size per surface. pg 15 Ordinance OS-915 City Council; 6-15-O9 ‘ (F) Illumination. (1) Illumination of signs shall comply with Chapter 150 code requirements governing Lighting, Glare Control, and Exterior Lighting Standards. (2) Indirect illumination for signs shall be so constructed and maintained that the source of light (i.e. the bulb; not the fixture) is not visible from the public right- of-way or residential property. Back -lit awnings are prohibited. (3) (G) Ingress or egress. No sign or structure shall be erected or maintained if it prevents free ingress or egress from any door, window, or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. Landscaping. Sign owners shall be required to maintain the appearance of the ground around all signs detached from buildings and to landscape where possible. Master Sign Program. A Master Sign Program shall be reviewed and approved for all multi -tenant commercial buildings and for all business park development to coordinate all signage for current and future tenants. The Master Sign Program shall be reviewed as a permanent sign permit, but shall only authorize the general locations and sizes of signs to be erected within a development or on a multi -tenant building. Individual permanent sign permits shall still be needed for the placement of permanent signs in accordance with an approved Master Sign Program. Master Sign Programs shall be subject to the following requirements: (1) A Master Sign Program shall include a to -scale site plan which identifies the overall sign types, sizes, and locations for all proposed signage on the site(s). The site plan shall not contain the names of any current or future tenants or occupants of the center or overall development. (2) The Master Sign Program shall include a calculation of allowable sign square footage for the site(s) based on applicable zoning requirements and lot characteristics. The Master Sign Program shall include square footage calculations for individual signs proposed for the site(s), along with a total sign square footage area calculation. (4) All signs within a Master Sign Program shall be visually consistent in location, design, and scale. pg 16 OrdThance O&OiE City Couocii: 6-16-.)D (J) (K) (5) The Master Sign Program may be reviewed concurrently with a separate permanent sign permit for the individual sign(s) identified in the Master Sign Program. The separate permanent sign permit shall include all information required by section 151.116(A)(1), and may only be approved if the Master Sign Program is approved. Multi -Tenant Buildings. (1) Multi -tenant buildings are herein considered a single commercial establishment, and shall be limited to one (1) freestanding sign amongst all planned/allowed signage subject to the following requirements: (a) If the multi -tenant commercial building has a floor area of 40,000 square feet or less, the sign shall not exceed forty (40) square feet (per side) and shall not exceed eight (8) feet in height. (b) If a multiple tenant commercial building has a floor area greater than 40,000 square feet but less than 100,000 square feet, the sign shall not exceed seventy-five (75) square feet (per side) and shall not exceed nine (9) feet in height. (c) If a multiple tenant commercial building has a floor area of greater than 100,000 square feet, the sign shall not exceed 120 square feet (per side) and shall not exceed fifteen (15) feet in height. (2) Where a building, group of attached buildings on the same block, or center contains more than one business, the allowable sign area for any single business may be its portion of the gross square footage of the building or center applied as a percentage to the allowable sign area of the entire building or center, subject to size limitations for specific signs within an approved Master Sign Program. Neighborhood Identification Signs Independent of the total allowable sign area for individual residences within a residential zoning district, two (2) ground signs for a unified residential area with six (6) or more lots may be allowed consistent with the following provisions: (1) New subdivisions: (a) Neighborhood identification sign(s) shall be approved as a component of a preliminary and final plat to be included as part of a new subdivision. (b) Each sign shall be single sided, not exceed a total of twenty-four (24) square feet in sign area, and not exceed a total of forty-eight (48) square feet inclusive of poles, bases, and other supports. pg 17 OrdThance OE3O15 City C uncii; 5-16-09 (c) Signs are to be located on outlots of sufficient size and area to accommodate them or within a dedicated permanent sign easement. A homeowners or neighborhood association is required for the area identified by the signs which shall own and be responsible for the upkeep, perpetual maintenance, taxes, insurance, utilities, and other costs associated with the sign(s) and their property. The association rules or by-laws shall specify how the aforementioned sign responsibilities will be delegated and paid for. City staff shall review the proposed bylaws to ensure that they specify the aforementioned responsibilities. (d) Outlots or easements for signs are to be considered and planned for at the time of preliminary plat application and shall be included in the final plat. A developers agreement shall specify the designated use of the outlot or easements, its ownership, and the respective home owners association responsibilities regarding the proposed improvements. (e) Only indirect lighting of neighborhood identification may be approved. The electric costs and maintenance of such lighting shall be the responsibility of the homeowners association or neighborhood association of the area identified by the sign(s) and shall be clearly noted in the association's rules or bylaws. (f) The area around the sign is to be landscaped and maintained in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review by the Planning Commission and City Council at the time of Preliminary Plat. (g) The design and construction of neighborhood area identification signs shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. Neighborhood area identification signs are to be aesthetically pleasing when designed and constructed. The signs shall be compatible with nearby or potential homes and other structures in the area. Detailed construction plans and a materials list shall be included with the preliminary plat application. (h) The City reserves the right to require the removal —at the owner's expense —of any sign when the requirements of this Section and this Ordinance are not completely followed and adhered to or if the sign is not properly maintained or falls into a state of disrepair. The City shall not have any obligation or liability to replace any sign or nearby landscaping when removed by the City. (2) Existing Unified Residential Areas: A neighborhood identification sign may be allowed by Conditional Use Permit for existing unified residential areas. If no outlots or easements were originally designated for signs, the plat may be amended to provide for such a proposal and shall meet the same criteria and requirements as set forth for new subdivisions. pg 18 Ordinance 064)15 City Council; 6-16-0C,', (L) Non-commercial speech signs. Notwithstanding any other provisions of this sign ordinance, all signs of any size containing non-commercial speech may be posted from August 1 in any general election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election. (M) Private on -premises directional signs. Signs located on, above or beside entrances or exits to buildings or driveways which direct pedestrians or vehicles (e.g. "employees entrance," "exit only," "rest rooms," etc) shall not count towards the overall permitted signage on a site provided such signs are no more than four (4) square feet in area. (N) Prohibited Signs The following signs are prohibited in all zoning districts. (1) Signs obstructing vision. Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic -control device. This includes indoor signs that are visible from public streets. (2) Unofficial traffic signs or signals. Any sign which contains or imitates an official traffic sign or signal, except for private, on -premises directional signs which do not interfere with traffic flows on public roads. Off premises advertising signs. Off premises advertising signs except as specifically allowed. (4) Signs with moving parts, moving lighting or animation. No sign shall display any moving parts, be illuminated with any flashing or intermittent lights, use changing light intensity, utilize spotlights giving off an intermittent or rotating beam existing as a collection or concentration of rays of light (including but not limited to revolving beacons, beamed lights, or similar devices), or be animated. The only exceptions to this provision include allowable changeable copy signs; barbershop poles; and static time, temperature, and price information changing only when necessary (which shall be allowed provided the message depicted is reasonably accurate). Roof signs. Banners, pennants, ribbons, streamers. No sign which contains or consists of banners, pennants, ribbons, streamers, string of light bulbs, spinners, or similar devices; except when used for non-commercial purposes, as a governmental sign, or as part of an approved master sign program or special event temporary sign peiluit. (3) (6) pg 19 Ordir:ance 08-015 City Cour3:*6-16-09 (7) Portable signs. Including but not limited to signs with wheels removed, attached temporarily or permanently to the ground, structure or other signs, mounted on a vehicle for advertising purposes, parked and visible from the public right-of-way, hot air or gas filled balloons or semitruck umbrellas used for advertising. This prohibition shall not include business vehicle identification signs when the vehicle is being used for the normal day-to-day operations of a permitted business. (8) Signs supported by a guy wire. (9) Billboards. (10) Electronic Variable Message Signs. (11) Signs on natural surfaces. No sign shall be painted, attached or in any other manner affixed to trees, rocks, or similar naturally occurring surfaces within the City of Lake Elmo. This shall not prohibit the use of natural building materials (e.g. boulders) in the construction of a legally permitted sign. (12) Snipe signs. (0) Public lands and rights -of -way. No signs other than governmental signs shall be erected or temporarily placed within any street right-of-way or upon public lands or easements or rights -of -ways without Council approval. (P) Regulations for Specific Sign Types (1) Wall signs (a) A wall sign shall be located on the outermost wall of any principal building but shall not project more than 16 inches from the wall to which the sign is to be affixed. (b) A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed. (c) Wall signs authorized by a Master Sign Program shall not exceed 25 square feet per business, and all signs shall be visually consistent in location, design, and scale. (d) Wall signs may be placed on not more than three walls of rectangular shaped structures or not more than 75 percent of the major walls on non - rectangular shaped buildings. (2) Mural Sign. (a) Mural signs shall not be limited in size, but any commercial or non- commercial language incorporated into the mural sign shall be limited in size by the restrictions established for the applicable zoning district. (b) In addition to the standard conditional use criteria in section 154.018, mural signs shall also be subject to the following: pg 20 Ordinal -015 01ty r';') Ilcil; 6-16-09. (Q) (3) i. The location for the proposed mural sign shall be viewable by the public and be accessible; ii. The scale and suitability of the mural sign shall be appropriate in the context of the surrounding properties; iii. The artist(s) commissioned to complete the mural must provide documentation of demonstrated craftsmanship on similar projects; iv. The applicant shall provide sureties to the city guaranteeing completion of the project within the proposed timeframe; v. The applicant shall demonstrate that the necessary funds are available for the proposed project; vi. The applicant must be able to show the final mural will last a minimum of five years and be reasonably resistant to vandalism and weather. Projecting, Awning, and Canopy Signs. (a) Projecting signs and awning signs shall be located on street level. (b) If lighted, projecting, awning, and canopy signs shall use indirect illumination. (c) Awning or canopy signs shall not project higher than the top of the awning or canopy or below the awning or canopy. (d) Clearance. The bottom of a projecting sign or awning shall be a minimum of eight feet (8') above the ground surface when projecting over a private or public walkway. (4) Freestanding Signs. Freestanding signs shall not be erected or maintained any closer: than three feet to any building. Separation Angle. So as not to create a double exposure or increase sign size limitations, there shall be a maximum separation angle of forty-five degrees for signs which are back to back. In all residential districts, double-faced signs shall be parallel. (R) Signs needing electricity. Signs needing electricity shall be subject to all applicable electrical codes as may be amended. Overhead wiring for such signs is prohibited. (S) Special Sign Districts. All general sign regulations shall apply to signs within each of the special sign districts except as specifically noted herein. (1) Old Village. (a) Boundary. The boundary of the Old Village Sign District is depicted on the city's official sign district map. Modifications to the district boundary may be completed using the zoning map amendment process. pg 21 Ordinance OF-015 CItV CC)Unt7ii: 6-16-09 (b) Illumination. Indirect illi urination or reverse lit letters shall be the permitted techniques for lighting all signs within the Old Village Sign District. Other forms of direct illumination are prohibited. (c) Wall Signs. i. Wall signs in the Old Village Sign District shall not project higher than the parapet line of the wall to which the sign is to be affixed or 15 feet as measured from the base of the building wall to which the sign is affixed, whichever is lower. ii. Wall signs in the Old Village Sign District authorized by a Master Sign Program shall not exceed 20 square feet per business, and all signs shall be visually consistent in location, design, and scale. (d) Freestanding Signs. i. The area of a freestanding sign in the Old Village Sign District shall not exceed thirty (30) square feet. ii. Freestanding signs in the Old Village Sign District shall not project higher than six (6) feet, as measured from the average grade at the base of the sign or grade of the nearest roadway, whichever is lower. (2) Agricultural Sales District (a) Boundary. The Agricultural Sales District shall include all properties zoned Agricultural or Rural Residential. (b) On -premises sign(s). Independent of the total allowable sign area for an individual property within the agricultural sales district, one or more additional on -premises signs may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions: i. 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; 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 square feet of advertising surface (with no sign surface exceeding 32 square feet in size); iii. 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 -premises signs not to exceed 64 gross square feet of advertising surface (with no sign surface exceeding 32 square feet in size); pg 22 Ordinance 08-015 Ctty (3) iv. Sign(s) shall be in the form of an allowable sign type in the underlying zoning district. v. No dimension of any sign shall exceed 15 feet exclusive of supporting structures. vi. Any illuminated sign shall be illuminated only during those hours when business is open to the public for conducting business. (c) Temporary off -premises sign(s). Independent of the total allowable sign area for an individual property anywhere within the city, a temporary off - premises sign may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions: i. 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. ii. Timeframe of use. Temporary off -premises signs may be erected for 45- day time periods no more than four times in any given calendar year. The required temporary sign permit shall stipulate the range of dates for each of the four allowable time periods in any given calendar year. iii. Size and Height. 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; iv. Setbacks. 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; v. Permission Required. Applicants for off -premises signs shall acquire permission from the property owner upon whose land the sign is to be erected. 1-94 District. (a) Boundary. The 1-94 district shall include parcels within the BP, GB, HB, CB, and LB zoning districts which meet one.of the following criteria: i. The property is a buildable lot located to the south of Hudson Boulevard and to the north of Interstate 94. ii. The property's southern boarder abuts Hudson Boulevard, and is not directly north —either wholly or partially —of a developable parcel lying between Hudson Boulevard and Interstate 94. (b) Permits. Signs in the I-94 District may be erected in conformance with sign regulations governing the underlying zoning district without additional approvals. Signs proposed to conform to the special standards established for the I-94 District shall only be authorized through approval of an interim use permit. pg 23 jOrdfnent_;e 0\9-015 City Council; 6-16-09 (c) Illumination. All foi ns of illumination which conform to the general illumination standards for all signs shall be the permitted within the 1-94 Sign District. (d) Maximum total square footage of ALL sign surfaces. The maximum total square footage of all sign surfaces in the 1-94 district shall be dictated by the maximum sign sizes for allowable sign types. (e) Wall Signs. The least restrictive of the following may be used to determine the allowable area for wall signs in the 1-94 District: i. The total area of all wall signs on any wall shall not exceed ten percent of the area of the wall with a maximum allowable area of 80 square feet; Or (f) ii. The total area of all wall signs on any wall shall not exceed five percent of the area of the wall with a maximum allowable area of 300 square feet. Freestanding Signs. In lieu of a freestanding sign meeting underlying zoning reqnirements, a building site within the 1-94 District may have one freestanding sign within 50 feet of the property line nearest the Interstate provided the sign does not exceed 150 square feet per side (300 square feet total) or 30 feet in height. The base of such a sign shall be at least 75 percent of the width of the sign and be constructed of materials that match those used on the building for which the sign is installed. Window Signs. Window signs in the 1-94 district shall not cover more than 1/3 of the window area. (h) Awning, Canopy, and Projecting Signs. One awning, canopy or projecting sign, in conformance with the underlying zoning requirements for height, location, and maximum size may also be erected for each business on a building site in the 1-94 District. (T) 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 sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non- commercial speech, or favoring of any particular non-commercial speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary. (U) Temporary Signs. (1) Special Events. Temporary signs may be allowed upon issuance of a permit for on -site advertising of special events such as openings and closings, change in management, sales events, or other special. occasions. No more than four temporary sign permits may be issued in any calendar year for a given pg 24 (Dalin r -015 City- Councif; 6-16-0.9 destination, and each temporary sign permit shall run for 15 days. Temporary signs for special events shall be subject to the following regulations: (a) Only one on -premises temporary sign shall be allowed per business or event. (b) Temporary signs shall be in the form of an allowable sign type in the underlying zoning district. (c) Temporary signs shall not exceed 32 square feet in area and shall not be taller than 10 feet in height. (2) Residential development advertising signs. Independent of the total allowable sign area for individual properties or residences within a residential zoning district, one or more additional ground signs may be erected within a newly established unified residential area development subject to the following: (a) Minimum Development Size i. Projects of less than 25 acres which create ten or more dwelling units are allowed one (1) on -premises ground sign not to exceed 100 square feet of advertising surface; ii. Projects of 26 through 50 acres which create ten or more dwelling units are allowed 1 or 2 on -premises ground signs not to exceed 200 aggregate square feet of advertising surface on the project site; and iii. Projects over 50 acres which create ten or more dwelling units are allowed 1, 2, or 3 on -premises ground signs not to exceed 200 aggregate square feet of advertising surface on the project site. (b) Restrictions. i. No dimension shall exceed 25 feet exclusive of supporting structures. ii. The sign shall not remain once 90% of the lots in the development have been issued building permits. id. The permit for the sign must be renewed annually by the Council. iv. Only indirect illumination is permitted and shall only occur during those hours when an on -site sales office or model home is open for conducting business. (3) Temporary Off -Premises Signs. Temporary off -premises signs may be erected if all of the following criteria are met: (a) The destination to which the off -premises sign is advertising is a property for sale; (b) An agent must be present at the destination property for sale, and the property must be open for viewing. pg 25 Qrdinanc (V) City Council; 5-16-0.9 (c) The sign must be located on private property, and permission must have been obtained from the private property owner to erect the temporary sign; (d) The temporary off -premises sign shall not exceed six (6) square feet in size; (e) The temporary off -premises sign shall not cause the total square feet of signage on a property to exceed the allowed maximum in the underlying zoning district. Warning Signs. Warning signs which do not exceed the minimum statutory requirements for size and number may be posted, and shall not count towards the overall permitted signage on a given property. Increases in either size or number over minimum statutory requirements shall count against the overall permitted signage on a given property unless authorized by conditional use permit which finds sufficient evidence that larger or more frequent signage is necessary to provide the intended warning. 151.118 Specific Regulations by Zoning District (A) Sign Setbacks. Signs shall conform to the set back regulations listed in table 1 for the zoning district in which the signs are located except as may be specifically exempted or restricted in sections 151.117 and 151.118. A RR RI R2 R3 R4 =RE OP GB HE CB I LB Front:LotLine Side Lot Line 5 Rear Lot Line 5 Vehicular Access 5 5 5 5 5 5 5 5 5 5 5 I 5 5 5 5 5 0 10 10 10 10 15 15 15 15 [1]: AwninglCanopy signs, mural signs, projecting signs, wall signs, or window signs proposed to be located on a building legally non -conforming to setback requirements shall be permitted without a variance provided all other zoning code provisions are met. [2]: Signs within Business Parks shall also adhere to the requirements of a master sign program approved by the City Council in conjunction with the business park establishment. 5 pg 26 08-015 City Council; 6-15-03 (B), Allowable Sign Area. The maximum allowable sign area for an individual sign and for total site signage is listed in table 2 by zoning district. These maximums shall apply except as may be specifically exempted or restricted in sections 151.117 and 151.118. A, RR, RI, R2, RE, OP [3] R3 & R4 [3] GB, Hii, CB, LB, BP, & PF I Maximum sign area sign nstqureti3 arefeet (per surface) by y a) Maximum total square footage of ALL — sign surfaces 6 6 6 C 12 12 12 30 45 C 30 6 [5] 12 square feet 24 square feet 1.0 square foot per lineal foot of No building parallel or substantially parallel max to public road frontage (excluding alleys). [6] [1]: Sign types with shaded cells are prohibited in the applicable zoning district(s). Sign types with a maximum sign area of "C" shall require a conditional use permit. [2]: Ground, monument, or pole signs, where permitted, shall be limited to one (I) per commercial establishment. [3]: Al! sign types in residential districts shall have no more than two (2) surfaces. [4]: The gross surface of an awning or canopy sign shall not exceed 30% of the gross surface area of the smallest face of theAwning or canopy of which the sign is to be affixed. On any wall parallel or substantially parallel to a public roadway, the gross surface area of a wall sign shall not exceed 0.75 square feet for each lineal foot of building facing the applicable roadway. For walls not facing a Public roadway, the maximum wall sign size shall be twelve (12) square feet. [6]: Open sales lots or other approved uses on lots without a building shall be limited to thirty (30) square feet of total sign surfaces. [5]: pg 27 Ordinance 08-015 City Council; 6-16-0 (C) Freestanding Sign Height. The maximum allowable sign height for a freestanding sign is listed in table 3 by zoning district. These maximums shall apply except as may be specifically exempted or restricted in sections 151.117 and 151.118. Table3. towableHeig in feet 14,111'11141'1,1111 Base Zoning Districts i '111111 Residential Districts Business Districts A RR RI R2 R3 R4 RE OP GB HB CB 1 LB BP F 5 5 5 20 20 20 151.119 Sign Variances Variances from sign provisions shall be administered in accordance with section 154.017, and shall be subject to the following additional requirements: (a) The sign(s) shall be compatible with the character of the adjacent buildings and with the character of the adjacent neighborhood; (b) The sign(s) shall have good scale and proportion in the visual relationship to buildings and adjacent areas; (c) The material, size, color, lettering, location, and arrangement of the sign(s) is an integral part of the site and building design; and/or - The colors, materials, and lighting of the sign(s) are restrained and harmonious, as interpreted by the City Planner. SECTION 5. The City Council of the City of Lake Elmo hereby amends Chapter 151 of City Cody by adopting the map depicted in Exhibit "A" to serve as the City's official Sign District Map. SECTION 6. Effective Date This ordinance shall become effective immediately- upon adoption and publication in the official newspaper of the City of Lake Elmo. pg 28 Council; 5 6-09 SECTION 7. Adoption Date This Ordinance No. 08-015 was adopted on this 16th day of June 2009, by a vote of Ayes and Nays. Mayor Dean Johnston ATTEST: Craig Dawson City Administrator This Ordinance No 08-015 was published on the day of , 2009. pg 29 CITY OF LAKE ELMO RESOLUTION NO. 2009-025 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-015 BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lake Elmo has adopted Ordinance No. 08-015, an ordinance to regulate signage within 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. 08-015 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. 08-015. The ordinance repeals existing sign code regulations and adopts a new set of standards to regulate all aspects of signs within every zoning district. The new regulations outline the purpose behind all sign codes, the procedures for obtaining sign permits, how sign codes will be enforced, and the minimum standards that signs must meet in order to be approved. Regulations focus on time (when signs may be erected), place (the physical location of allowed signs), and manner (sign types, height, size, number, lighting, etc). The full text of Ordinance No.08-015 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 his office at city hall fox public inspection and that he post a full copy of the ordinance in a public place within the city. Dated: , 20 . Mayor Dean Johnston ATTEST: Craig Dawson 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. DRA FT Li,e Ebno Sign Cade —CLEAN COPY Color Lezend: GREEN Inlet:age edsint language that has NOT been edited ORAQE anguagi existing languaaa that has beeci editer1 BLACK language = new language SIGNS § 151.115 PURPOSE (A) TT)p.SeAn..-. (I) Purpose, (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 coininunity, and the business community's need for effective cornmunication 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 signs with the following objectives in mind: a. Signs shall demonstrate a high standard of aesthetic character and encourage the use of monument and individual letter -style signs; b. Permit large enough copy/graphic area to effectively c,,--nvey 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 ur.luttered messages; c. Signs shall be proportioned to the size of, and architecturally compatible with, the structures and other signs on the premises; d. Permanent signs shall only advertise on -premise businesses, services, facilities, etc; 6-1iot Ca-,P Corimil ?Review Onil004141:11,Ekiiiing'Section . - ORA FT Lake Elmo Sign Cruie--CLEAN COPY e. Allow temporary business signs for arand openings and - occasional sales events; allow temporary signs to advise the public of the seasonal sale of agrricultural and horticultural products in keeping wiih the City's rural image: and to allow temporary directional signs p.ermirtine, the public to more easily locate land conservation developnients which enhance the City's rural image, without creating. continuous visual clutter or traffic hazards along streets or at intersections; and f. Sins shall be properly maintained. g. Dynamic 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 SiRtIS and video displays can be highly distracting to drivers, pedestrians, and cyclists and that distraction is a sirificant underlying cause of traffic accidents. With respect to electronic signs, including video display signs, the City finds that they are highly visible from lone, distances and at very wide viewing angles both day and night and are designed to catch the eye of persons in their .vicinity and hold b 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 (Fli WA), Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction, Sept. 11, 2001,, and The Roe of Driver inattention in Crashes: New Statistics from .1995; the University of North Carolina Highway Safely Research Center, Distractions in Everyrday Driving, May 2003 and The Role of Driver Distraction in Traffic Crashes, May 2001; the Wisconsin Departinciat of Transportation, Synthesis Report of Electronic Billboards and Highway Safety, June 10, 2003; the Municipal Research and Services Center of Washington, Sign Control Provisions, .Can. 2006: the Veridan Group, Video Signs in Seattle, Gerald Wachtel, May 2001, reveal that electronic sips are highly distracting to drivers and that driver distraction continue* to be a significant underlying cause of traffic accidents. Fiadings. 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: (a) The presence of permanent and temporary sigituee affects the rural image of the City of Lake Elmo; 6-16-69 Cay Council Review DRAFT Lake Eimo Sign Colle---CLEAP,1 COPY ) Properly regulated sianage can create an atmosphere of prosperity, stiinulate commercial activity, and consequently, lead to in.creased employment and a healthier tax base; (c) The safety of motorists, cyclists, and pedestrians can be threatened by signaite that interferes with necessary sight -distances andlor unduly diverts the attention of such persons. (d.) Signs that are too brizht, overly illuminated, flash, blink, scroll. twirl. char.ae messages or color, or imitate movement, including video displays, can distract drivers, cyclists and pedestrians and impact 'traffic safety. Seiii4b,i.14. If any section, subsection, sentence, clause, or phrase in senioris ! 51. .15 Throi_nth 151.119 are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Sign 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. (C) Definitions. The definitions set forth in this Section are in addition to the definitions set forth in Section 11.01. In the event of a conflict between the Sections, the definitions in this section shall apply. Abandoned sign - any sign and/or its supporting sign structure which remains without a message or whose display surface remains Hank for a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign. animation -- The movement or the optical illusion of movement of any part a sign, sign structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; the automatic changing of all or any part of the facing of a street sign. Awning means a shelter supported entirely from the exterior wall of a building. Awning sign - a sign or graphic printed on or in some fashion attached directly to the awning material. Clay Revie-g- Seotip'p ii1521,12*.iff,citletil?rirsuliritner of29,OR I DRA FT Luke E1rni S4 Code —CLEAN COPY Back lit (sign illumination) means a direct source of light which illuminates a sign by shining through a translucent surface of a sign, including plastic signs, lit from an internal light source. Banner - A temporary sign typically made of cloth, plastic or vinyl materials. Billboard - A sign structure with a surface area over one hundred (100) square feet per surface that identifies or communicates a commercial or non- commercial message. Business Vehicle identification Sign — A sign that is permanently mounted or otherwise permanently affixed to a vehicle, trailer, or semitrailer which identifies the business, products, or services with which the vehicle, trailer, or semitrailer is related. For purposes of this definition, magnetic and adhesive signs shall be considered as being permanently affixed. This definition shall also include non -permanently affixed signs that do not exceed 32 square feet erected in concert with a legally operating wayside stand. Bumper stickers and similarly sized adhesive decals shall not be considered business vehicle identification signs. Canopy means a detachable, rootlike cover, supported from the ground or deck, floor or walls of a structure, for protection from the sun or weather. Canopy sign means a sign that is mounted, painted, or otherwise applied on or attached to a freestanding canopy or structural protective cover over an outdoor service area. An awning or a marquee is not a canopy. Changeable copy sign - A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature. Commercial Speech — Speech or graphics advertising a business, profession, commodity, service or entertainment. Direct illumination (sign illumination) means a sign whose light source is either located in the interior of the sign so that the rays go through the face of the sign, or which is attached to the face of the sign and is perceived as a design element of the sign. Directional sign — An on -site sign for the purpose of making specific locations known and to assist in finding these locations (e.g. "Parking," "Shipping Receiving Area"). (-J6-I) Czty DRAFT Lake, anza Sign Code —CLEAN COPY' Electronic Variable Message Sign — A dynamic sign whose message are changed at reasonable intervals by electronic process or remote control and whose movement is the periodic changing of information against a solid background, engineered for maximum legibility and readability, and having a constant light level and glare reduced screens. This definition does not include static time, temperature and price displays which only change when necessary for accuracy. External Illumination Illumination of a sign that is affected by an artificial source of light not contained within the sign itself. Flag" - any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices. Freestanding sign means a sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. Monument, pole, and ground signs are all freestanding signs. Governmental Sign — a sign erected and maintained by or on behalf of the United States, the state, the county, or the city for the purpose of regulating traffic or for other civic purposes; the size, location, and height of which is dictated by the applicable agency to fulfill the intended civic purpose. Ground sign" - any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding six (6) feet. Historic sign means an existing sign which has a special historical, architectural, cultural, or aesthetic value to the community. Illuminated sign" - any sign which contains an element designed to emanate artificial light directly or indirectly. Indirect illumination (sign illumination) means a sign whose light source is external to the sign and which casts its light onto the sign from some distance. Monument sign" - any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a height exceeding six (6) feet. 6-76-09 (";-,y rowsch` Review 5 Di?A FT Lag Elmo Sign Colif--CLEAN COP/ multi -tenant building — A grouping of two or more business establishments that either share common parking on the lot where they are located, or that occupy a single structure or separate structures that are physically or functionally related or attached. Mural Sign — Any mural or pictorial scene painted on a wall or building or painted on a sign board affixed to a wall, and in which mural or scene has as its purpose an artistic effect. Non-commercial Speech — A sign that contains a non-commercial Ines age. Examples of non-commercial messages include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. "Off -premise sign" — a commercial speech sign which directs the attention of the public to a business., activity conducted, or product sold or offered at a location not or the same lot where such sign is located. A sign located within an easement or other appurtenance ro a lot an which a business is located shall be deemed an off -premises sip, "Oe F.r•re-sigerT--a-s-1,gls which identifies ty: advertiz,ca-ah t;atab2'..1 aztisri-ty, gwds,- przch:c4-„s- EY: .-.;4,Drvi:.,as I €.>;:ca err-tha prz,rnixt; whara sign inst.a1-1-ed- "'Permanent Sign" — A sign constructed of durable materials designed to exist for the -duration of time that the use or occupant is located on the premises. Pole sign" - any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open portable sign — A sign not permanently attached to the ground or a building or designed to be permanently attached to the ground or a building. Projecting sign — A sign attached to and projecting out from a building face or wall, generally at a right angle. Reverse lit (sign illumination) means a direct source of light which illuminates a sign by shining off an opaque surface of a sign thereby casting the light off the wall behind the sign creating a halo effect. Roof sign" - any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. 6-1 fievR-vi 6 D fttA ,FT Luke Elme.4 Sign Cr:de.---CLEAN COPY "Sign" -- Any letter. word or s-jnibol, device, poster, picture, statue. reading matter or repre-sentation in the nature of an advertisement, arinouncement, message, or visual communication, whether painted, posted, printed, affixed or constructed, which is -displayed for informational or communicative purposes arid is visible to the general public,. "Sian, Real. Estate Development" — A sin offering for sale, lease, or rent a single-family or niiiiple-family residential project of 0 or more dwelling units or lots. Real estate development signs shall be administered as permanent signs subject to all removal requirements outlined in code. "Sign, Agricultural Sales" -- A sign placed on a lot or parcel of land advertising art operating and permissible agricultural sales business. Off - premises agricultural sales signs shall. be administered as temporary signs subject to all. retnoval requirements outlined in code. Sti.Ild" A 3E4:31 theilte.i..) UT)a terrri.-ycrary rcto:. -vehicle beieg-aced te ca agricultural, fiari,.--,al.ttire..1, or horticultural pradocts. Snipe sign means an off -premises sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other object ''Temporary Sign" — .Any sign intended for display over a short period of time. Unified Residential Area — A residential grouping of lots that share a plat name over one or more additions. Wall sign — A sign attached to or erected against the wall of a building with the exposed face of the sign on a plane parallel to the plane of the wall, and which displays only one (1) sign surface. Warning sign — A sign located on private property posting such property for warning or prohibitions on trespassing, hunting, or other activity. Window sign" - any building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. 6-16-09 CtivC.acd itev:ew 7 1..)16-1 FT 1. ake Elmo Sign Code --CLEAN f_70P 151.116 Administration and Enforcement (A) PgrOt-R00i-F-00„ 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 speech displayed on the sign shall not be reviewed or considered in determining, whether to approve or deny a sign permit. (1.) 0.e:rtiiiaii40'',540-4 To apply for permanent sign permit, a complete application shall be submitted to the City containing the following: (a) Names and addresses of the applicant, owners ofthe sign, and lot; (h) The address at which the sign(s) are to be erected; (c) The legal description of the property on which the si,gn(s) are to be erected and the street on which they are to front; (d) A compete set of scaled plans showing, the sign dimensions, area. height, ground elevations, applicable setbacks, and other details to fully and clearly represent the safe construction and placemierit of the proposed sign(s); (e) Type of sign(s) being requested (i.e. wail sign, monument sign, etc.); (t) The permit fee; and (g) The following if applicable: i. Written authorization from the property owner upon who's land the sign is to be erected. ii. A permit from either MnDOT or Washington County if the proposed sign is along a state highway or county road. A sign plan showing- signs for all businesses if the sign is located on a building with more than one business. iv. Photographs of the building face and the building faces of both adja,cent buildings if the sign is being placed on art existing . structure. v. If replacing a historical sign, pictorial proof or other hiforrnarion that the sign is of historical significance or is a reproduction of a historic sign. g1f200g Comment ExistingS ecticia in'pmmerof V108' . (2) ..f,enitioratj;Stgrks;,_ To apply_for apermit to allow atetriporarysign, p complete application shall he submitted in the City containing the following: 6-16-09' Cit,v CouncilXc 8 151;16 ,pas,iiadecl in -suinruer....o12008 1 Cri?,-)ET Lake Einw Sign Cade --CLEAN COPY (3) (a) Names and addresses of the applicant, owners of the sign, and lot; (b) The address at which the sign(s) are to be erected; (c) A generalized plan set showing the sip dimensions and height. and a notation of the materials to he used. (d) A Scaled site plan which clearly represents the placement ofthe proposed sign(s) on the applicable property; (e) The proposed tirnefraine(s) over which the sian(s) will he posted; (f) The permit fee; and (g) The following if applicable: i. Written authorization from the property owner upon who's land the sip is to be erected. ii. A permit from either ivinDOT or Washington County if the proposed sign is along a state highway or county road. TeOvimi:11, oor _ temporary signpermit issued by the City may he renewed provided the sip design, size, location, or other previously approved details are not proposed to change. A sign renewal application shalt include. the following: (a) Names and addresses of the applicant, owners of the sign. and lot; (b) The address at which the sign(s) are to he erected; (c) The date of issuance of the permit being renewed; (d) The proposed timeframe(s)over which the sign(s) will be posted; _ (e) Written authorization from the property owner upon who's land the sign is to be erected (if applicable); and (f) The permit renewal fee. (4) 1,Uyiv* The, planning department sh I approve or deny complete sign permit applications upon receipt of a complete application. if the permit is dmied, the planning department will send a written notice of denial to the applicant. Tihe written notice will indicate the reasons) for denial and a description of the applicant's appeal rights. Ei4tinOeclion 5151.36]-(15)itm era1209. j 6-1,1-09 Cey Coiencif Review 9 .stcnon 'Itsili3tiddlil.sunimer of 20,08 DR,1 FT LakeElmo Sign Calk —CLEAN COPY (B) Exemptions. The following signs shall not require a permit, but shall still comply with all provisions of this ordinance or any other law or ordinance regulating signs. (1) The changing of the display surface on a previously approved sign. (2) Signs six (6) square feet or less in size, per surface if double sided. (3) Window Signage that does not cover more than 1/3 of the total area of the window in which the sign is displayed (4) Governmental Signage. (C) Fees. (D) The fee for a sign permit is established yearly in the City's adopted fee schedule as indicated in section 11.02. Computations. Secfion „ _ • " imam= lite area of a sign Ed:10, be conwarted Measurement - means Pith:: smallest circiti., tel.:tangle ttr triangle that will encompass the e.ctrerne CHANNEL;t ri mit, of writing, represervaitioti, eroblent„ ot other display, together with goy LETTERS material op color forming an integral par the background of the dinky tit wed ffertAlt;a;;:0 hC.. Sign from the buil:dine facade against which it is placed. When a sigh bas iwt5 back -to -beck sign fit-ttes containing sign copy, the sign area for both faces are di:ranted lowarci tiraii total al iatiVed an area. Poles. bases. and other sup -ports shall not be ire:laded in the sign area calculation. 6- TO-09 C"ay C,"ourxEi Rvrw TRIANGLE Area 1/2 (b * h) 10 aim FT Lake Einw Sign Codo—CLE42.‘ COPY ) The height of the sign shall he computed as the vertical distance ineasur.ed from the average grade at the base of the sign to the top of the highest attached crriponent of the sign. Figure 2: Sign Height Measurement SIGN Height of sign from average grade to the l'ogn top St4N midpoint of average grade (3) Total Sign Area Calculation The total square footage of all sign surfaces shall be computed by adding together the sign areas of all signs on a property. Pole Sign Area + Wall Sign Area + Window Sign Area TOTAL SIGN AREA Figure 3: Total Sign Area Measurement Example Ctty Review 11 I-"T Lake awe; Sign (.7o,t2i,----CL EA N COPY (E) Construction, Maintenance and Repairs. (1) The construction of all signs, unless otherwise stated herein, shall be in conformance with the provisions of the Uniform Sign Code published by the International Conference of Building Officials, 1997 Edition, as may be amended, which is hereby adopted by reference and made a part of this ordinance. Nll:Sh.r.nSand StrOCitireS sbail be:Orc.terly,#iairittliried'4r0 shafl be *,),± 4J:q00:1:b I (F) Abatement. If the City finds that any sign has been erected without the necessary approvals or any sign is being maintained in violation of any zoning provision, the City may give written notice of such violation to the installer of said sign; to the permit holder; and/or to the owner, lessee or manager of said property. If after receiving said notice such person fails to remove or alter said sign so as to comply with the provisions of the zoning ordinance, the sign shall be deemed to be a nuisance and may be abated by the City under Minnesota Statutes, Chapter 429. The cost of such abatement, including administrative expenses and reasonable attorneysfees, rnay be levied as a special assessment against the property upon which the sign is located. 151.117 General Standards (A ) A ,'ettilding, u.dciress, da leonsTruction, cottunemorntive_ tablet, etc; con-, towards the oera°11 lx1-7.1.1-tted r pareeL All fori'ns of budding idcntifica:ion, frbr ihe building adare,,vs, shah' :-Je Qut lyno. ITILSOnly SUIraCT: or be constructed of incorrd,JszTolemaerL (C) Building Official Review. No sign shall be attached to or be allowed to han from any building until all necessary wall and roof attachments have been approved by the City Building Official. 6-16-09 Cr ty Co24--m:11 Abvdorreii si,2ns shall be removed, :I Com ment [0103 T4,4 :1: .1' j- addsJotiIytothenewcod '1 ' ;Corimment,[b,121:,,Eicisti4Seclioil . Ibat the ati4tadi,ledign' ,sirbiturchith are refeaincechia the zsy,i;c,c154 :Cciiiirnerit[bri3];Exisful' gsection 15 1:!1 k'-(13)(0:)..-;:e;did: to address 6thirfonqs of: iidhdtttion • „ 12 Dit-ifT Lalie Elmo Sign Code —CLEAN COPY (D) Changeable Copy Signs. A changeable copy sign, such as a reader board, may be integrated into an allowable sip subject to the following restrictions: (1) (2) (3) The message conveyed by the sign face shall not blink, flash, scroll or be so animated as to be deemed a distraction to passing motorists; Copy on the sign shall not change more than once per day on average (except for time, temperature, and price information which must change when necessary for accuracy); Characters and backgrounds depicted on a changeable copy sign shall not use florescent coloring. (4) All changeable copy sign faces shall be limited to a maximum of 25 square feet in sign area, or the maximum size of the type of sign on which the face is placed, whichever is less. (E) 1'4° more than 3 flags rrlaybe.dist21zyed °a any Individval lithts shall not ieceted fifty (.5 se feet in size per eta -face. (F) Illumination. (1) Illumination of signs shall comply with Chapter 150 code requirements governing Lighting, Glare Control, and Exterior Lighting Standards. (2) Indirect illumination for signs shall be so constructed and maintained that the source of light (i.e. the bulb; not the fixture) is not visible from the public right-of-way or residential property. Back -lit awnings are prohibited. (3) (G) trrgt,essfegreS ,No sign .orstructure shallbe erected or niaintained if it_ prevents free ingress or egress from any door, window. or fire escape. No sign or sign structure shall he attached to a standpipe er fire escape. 14t.t4e22111,44., owners fihali be reguirexi to nruiluitz-du the aprie.aramx, (yf around all sian5 deiAttilted from buildings and to landseape where piassibk, 6-1-09 C47: utv.::e Review 'toinnien ••• tOiCitiet* Ebi::51.LThcistitiS15 eetioti L I 1g (I4)(4)' „ 151.:11:(b)(5)(5)7-diteci larictscapineareArid AIL:site 411 di.sirictsjn.ctimpliarice withthe eityrs i'Oting34ndsca.ping . ' . 13 DR- FT Le.A•i Elmo Sig..1 Code-T(147API COPY [N,$:faS!i-At A Master Si.,,nt ProlTatril sitiall be reviewed and approyeil fir oil ctitniti4enttati, corornercial bui ;clings and ;Tor ail business rtarii: develpipinent tot pietdretiriar2 all sigriatzt: for ourrerit and future tenants. The ttinster Sian 'Pro -grata shall b7':, reVieWeri rientranent sign pen -ilia not slue 3 pirtiy; authorize the :general locations and sizes of sigins te be erected. within a develop:mein or or; a multi - tenant buildinzi individual pairrianient ;sign trennits shell still be needed for the placement cif perniartent signs in accordance with an approved rtiattier Sion Prc.,grarn„ Master Sign I -Yogi -ants shall be StiiejeCZ Ir.? the ftsilowing reqcilrentents: A Master Sion Program shall incitnie to-titialo ishat plan which identifies the overall signly-pes. sizes. and Ittcad ons ;for all proposed sigitaii..!e on the sites). "The site par shall not contain thp mantes of tarty current or lititure tentinalS or occiiipants of the center; or overall devoiciamerit. (2) 7iMaster Shrill. Program shall inelndit cialcitilation aBowtibiti sitm square; loot -age for rite sitet,$) based cin applicable zoning requirements anti lot characteristics. Mia.ster Sit.tn Prottbstan shall int.:hide nare -footage calculations- for nthviciva ;ins ropsed for tile site(s) .; along %ittitila a total sign square. ftroratto area caletalatior- All slips within a lviaster Sign Program shafil be visually consistent in tomtit-tn. deign, and scale; The Master Sign Program may be reviewed cornnarrently ;with a separate permanent sign permit for the individual sit:infs.) identified in the Nicer Sign Proitram, Tie separate permanent siseti permit shall intalinie all information 7%Na:ine4 by; section53;I3 60)(i), and may; on ty be, apieroveitt lthe NI aster Sign Progliam is approved, Multi -tenant buildivq.:it; are herein considerrid a single commercial eszahl is-hint:in, and shall hei iCtio le ) frceatanding sm amongst all pliitrinedtallowed signatie subject rc ;10 rN;lirementiii (a) If the. multi -tenant commercial building has a floor area of 40,000 square feet or less, the sign shall not exceed 'forty (40) square feet (per side) and shall not exceed eight (8) feet in height. (b) If a multiple tenant conunercial buildinghas a floor area greater than 40,000 square feet but iess than 100,000 square feet, the sign shall not exceed seventy-five (75) square feet (per side) and shall not exceed nine (9) feet in height. Comment lb*7i: Existing -.Sections 1 5.1.121 (C)(3(C)(3)()-- edited ; bercplani what Neae needed. for e MantrS/?ingriiic application. j 'On'imeret;[111:8]::Ekisting Sections .151.1.21 d) minoi t i suli (1) 6- is=1-0 CJv Com:ti Review 14 1)R.:11.7 Lake Elmo Sign Code —CLEAN COP (c) lf a multiple tenant commercial building ha a floor area of greater than 100,000 square feet, the sign shall not exceed 120 square feet (per side) and shall not exceed fifteen (15) feet in height. 'Ia,k :. . .:..... id an','4$ ' .'k <*-,.17's:Or...nis,.thta 16,wabliiKi :!iii't .... . ...,......... oeiiiqvof OS 44,10'are l'OCA':8'54b:(.4- i.R)viable ';.,.'?..A,,,l'..0:..#4.t.*.. (K) Neighborhood Identification Signs Independent of the total allowable sign area for individual residences within a residential zoning district, two (2) ground signs for a unified residential area with six (6) or more lots may be allowed consistent with the following provisions: (1) New subdivisions: (a) Neighborhood identification sign(s) shall be approved as a component of a preliminary and final plat to be included as part of a new subdivision. (b) Each sign shall be single sided, not exceed a total of twenty-four (24) square feet in sign area, and not exceed a total of forty-eight (48) square feet inclusive of poles, bases, and other supports. (c) Signs are to be located on outlots of sufficient size and area to accommodate them or within a dedicated permanent sign easement. A homeowners or neighborhood association is required for the area identified by the signs which shall own arid be responsible for the upkeep, perpetual maintenance, taxes, insurance, utilities, and other costs associated with the sign(s) and their property. The association rules or by-laws shall specify how the aforementioned sign responsibilities will be delegated and paid for. City staff shall review the proposed bylaws to ensure that they specify the aforementioned responsibilities. (d) Ou'tlots or easements for signs are to be considered and planned for at the time of preliminary plat application and shall be included in the final plat. A developers agreement shall specify the designated use of the outlot or easements, its ownership, and the respective home owners association responsibilities regarding the proposed improvements. (e) Only indirect lighting of neighborhood identification may be approved. The electric costs and maintenance of such lighting shall be the responsibility of the homeowners association or neighborhood association of the area identified by the sign(s) and shall be clearly noted in the association's rules or bylaws. -09 Cdy Council Review 15 ExiseinigeCtioh, po.)01) ORA FT Lake Elmo Sign Code-7a, f.7.4 N COPY (f) (h) The area around the sign is to be landscaped and maintained in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review by the Planning Commission and City Council at the time of Preliminary Plat. The design and construction of neighborhood area identification signs shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. Neighborhood area identification signs are to be aesthetically pleasing when designed and constructed. The signs shall be compatible with nearby or potential homes and other structures in the area. Detailed construction plans and a materials list shall be included with the preliminary plat application, The City reserves the right to require the removal —at the owner's expense --of any sign when the requirements of this Section and this Ordinance are not completely followed and adhered to or if the sign is not properly maintained or falls into a state of disrepair. The City shall not have any obligation or liability to replace any sign or nearby landscaping when removed by the City. (2) Existing Unified Residential Areas:,A neighborhood identification sgn may be allowed by Conditional Use Permit for existing unified residential areas. If no outlots or easements were originally designated for signs, the plat may be amended to provide for such a proposal and shall meet the same criteria and requirements as set forth for new subdivisions. (.1) it ding arty other otoviiions ofthis- - sign ordinance, a signs oflaiiy ize conT a in in g not t-r.ioininertial tt4tYtech raw). be pe,sted fr6tr. August I in any general election year until ten ill 0) day it foltowind the general &action and thirteen (13) weki,i prior to election tintii ten(10) day tt litAltrwing the special eitraptidta. on dSq?-r!,s located. ori, above or beside ttotrances or ettdt to buildings or cirlyewarlS which direct pedestrians.. or vehleles (e,g, "employees ethranoad" "etitit onlyd- "rest rooms,'" etc) shall not count toysards the overall permitted siatatge on a site uritanirlf..,s1 such signs are nomore zz)• fotir (4) square feet in area, (”16-09 r:ouncil fltib20.]:'Ex4tIng:Sect,0 Oi(N.(3)7:6dited for alirity. Coiumentb2ijReill aces existing ..§i2t4tin 15.1127 editedlor clarity. 16 ORA FT Lake Elmo Sign Code —CLEAN COPY (N) Prohibited Signs The following sips are prohibited in all zoning districts. (t Sgus obbiructng suonAny sip which obstructs the vision of drivers' or pedestrians or detracts from the visibility- of any official traffic -control device. This includes indoor sins that are visible from public streets. (2) tOntiltiejOfti;j01ShsnS-4'4ignaks Anysig-n which contains or imitates an official traffic sign or signal, except for private. on-prerniscs directional signs which do not iiiterfere with; traffic ilows on public -- roads. (3) :›Ifzprenti:sesiodyertisiilg,signs. Off_premises advertising signs except_ as specifically allowed. (4) shall display, any mdving parts, be illuminated with any fizsbing or iritermittent lights. use changing Ugh( trAecisit,f, Ltthi oilights giving off an intermittent or rotatingi beam existiig. as a collection c{incentration of ray 5 of liglit- (including but not limiter] to re.voteing beacons, beamed Tights% orsirrar devices), or be anirnateid. The oity- exceptions to this proviskio. include aliovi,z,ble cinangeable copy barbershop poles: and CTatic, time: temperature; and price information changing only when kleCC,SS3ry i hh shali beal.iciw,ed prcr.„,:ided the message" depicted is reasoilably accurate): (5) Roofsgnsl _ (5) I13anrigm,00044044,..rijlihnris,*etii,Mar. No sign which contains or consists: of banners. pennants, ribbons, streamers; string of light bulbs, spinners, or similar devices; except wnen uscd for no.n-commercial purposes, as a governmental sign, or as part of an. approved master 5.iian program or spi..,Cia E.-vent ternporary sin permit. (7) PiatialallignS. including butnot limited to si.gps,withwheels remove , attached temporarily or permanently to the ground, structure or other slans, mounted on a vehicle for advertising purposes, parked and visible from the public right-of-way, hot air or gas filed balloons or setnitrtick umbrellas used lbr advertising. This prohibition shall not include business vehicle identification signs when. the vehicle is being used for the normal day-to-day operations of a permitted business. (8) (9) *i! 0). COLtrzeil ..Review cominent:Eb221: Existini'Sction .151121 f13)(1) . . Orririik‘n [1123]:,,Existing: tstualt? iSeletinns 214)(4, 5; 10 tgs.111.) Existing Section : titiiiirtieittlbAli 5,dsting S &lion Comment(b29J;,E)8i7ipg,Secfi'qq, 151.121(15)(i2): : "Coniiiient:t630]; Existing Section „ 151,121 (B)(14): Cbraitient1431]: Ari extension of the bitiboardiirelOitiOn Irons existing section 15,1121 (13)04) 17 FT 1_ Elnw Sig z Cade —CLEAN COPY (0) (P) (I 1) Signs on natural surfaces. No sign shall be painted, attached or in any other manner affixed to trees, rocks, or similar naturally occurring surfaces within the City of Lake Elmo. This shall not prohibit the use of natural building materials (e.g. boulders) in the construction of a legally peilititted sign. (12) Snipe signs. P4b)ic _Nosigns_other than go v enmiental sins shall be erected or temporarily placed within any street right-of-way or upon public lands or easements or rizhts-of-ways without Council approval. Regulations for Specific Sign Types (1) Wall signs (a) buidintz but shall !fic:t.*(jJect Whieh;the'Sigtr,:iS to.be Jbed (c) Sign Rrpg,r1,irn shall not exceed 25 S'el*.e'fee::;*:t.t4.,00*;;:ii[0:0E..S•igits:st.tall't* visually ecitisiStpltan (d) Wall signs may be placed on not more than three walls of rectangular shaped structures or not more than 75 percent of the major walls on non -rectangular shaped buildings. (2) 4tif:Af.:$1''' (a) Mural signs shall not be limited in size, but any commercial or non- commercial language incorporated into the mural sign shall be limited in size by the restrictions established for the applicable zoning district. (b) In addition to the standard conditional use criteria in section 154.018, mural signs shall also be subject to the following: i. The location for the proposed mural sign shall be viewable by the public and be accessible; ii. The scale and suitability of the mural sign shall be appropriate in the context of the surrounding properties; iii. The artist(s) commissioned to complete the mural must provide documentation of demonstrated craftsmanship on similar projects; iv. The applicant shall provide sureties to the city guaranteeing completion of the project within the proposed timeframe; 6-16-09 Cdy Coca APvietv 1 • ..14,irla'0)q.) • 'corntn4ri. Seciion — subjc•ciive/evjewe • trjrninOnt Tb341:.Ekiiiing Section 1-51-.;121'•(00)(c), — edited co.remove a tavorofjitit 41e:'pai•apiii,100,;]-',;: • '• • , • • • - •-•-• . • CommentS.ecnons .15,1,121: (0(1)0)0 -7• Con -pinta: ','ex4fini.fanguage,13no.onoledtiopJoi . 79 ik'.EP35]; Re.i3t4en existing seOtions11,121BX0'&%.131' 151; II 803,)(1. I) •;ti.ilace; 18 DR.A.FT Lake Elmo Sign CI. e----C1.1.7:4N COPY (3) v. The applicant shall demonstrate that the necessary funds are available for the proposed project; vi. The applicant must be able to show the final mural will last a minimum of five years and be reasonabiy resistant to vandalism and weather. Projecting, Awning, and Canopy Signs. (a) .1..rie.C.'iiiii.giriri'44i.::41;i4:4irriii1;i4:;:b:elH;1Ar4rriid.!6rii:itria4:::16-,:4 (c) Awning or canopy signs shalt not project higher than the top of the awning or canopy or below the awning or canopy. (d) Clearance. The bottom of a projecting sign or awning shall be a minimum of eight feet (8') above.the ground surface when projecting over a private or public wallcway. (4) Freestanding Signs. Freestanding signs shall not be erected or maintained any closer than three feet to any building. (Q) Separation Angle. So as not to create a double exposure or increase sign size limitations, there shall be a maximum separation angle of forty-five degrees for signs which are back to back. In all residential districts, double-faced signs shall be parallel. (R) trIelvijil,„ sighs needing eleciriohly shidi be ii-elyject i:o - applicable electrical codes as may be amerided. Overhead wiring for such shinsi iirrih'ibiteO, (S) Special Sign Districts. All general sign regulations shall apply to signs within each of the special sign districts except as specifically noted herein. (1) Old Village. (a) Boundary. The boundary of the Old Village Sign District is depicted on the city's official sign district map. Modifications to the district boundary may be completed using the zoning map amendment process. = • • >. 5: i.. - CO) .05,-4,534550..;,., 1"1.55-Tnnai50:t 5S5.„. 5 57, -5C4.1%.;:S Snail lit: T.:15C 17,srrriiiiatriteciirkkp,ii.is for iigl:iting al 1 signs with- the Old Si an District. Cythet- for-0%s of di ce.citi iiluininidion are. nrohited 6-16-09 Cay Ccil Review 8ecition„ j5)::•121.,(B)0(0 - I r:Comnient[1:3811'Stifig.'S editc'cl.for clarity. to: . sign ,CcOpient TO 9]; Oftel,Ycit .chiti..ty., to ' t51.4214B)(4)(4 and 03)(1)(:- 1 —9 DRA FT Lake Elmo Sigo Code --CLEAN COPY (2) MaStet„ 17,;es, ;are.,:a11sgrt (d) Freestanding Signs. i. The area ofestardi 6:41L:lj.6t*a41.'16#4j( '411. ingsignsIttliteprcjo1bigher than six (6 Signs. Ti affixed 0r '3Strie,ratitirtt)riaec,hai ,y;:a ioxd 20 sqwre f0etpr . „.. not 3 31101$0*4#06;;'f',It..1e007age 1fthe nearest roadway, (a) Boundary. The Agricultural Sales District shall include all properties zoned Agricultural or Rural Residential. (b) On -premises sign(s). Independent of the total allowable sign area for an individual property within the agricultural sales district, one or more additional on -premises signs may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions: i. Agricultural sales businesses utilizing )ess than 10 acres of land specifically for the growing of agricultural crops for the business are allowed I on-prernises sign not u.) exceed 32 gross square fect of advertising surface; Agricultural sales businesses utilizing more than 10 acres of ia_nd but less than 40 acres of land specifically for the growing of agricuitural crops for the business are allowed 1 or 2 on-prernises signs not to exceed 48 gross square feet of advertising surface (with no sigu surface exceeding 32 square feet in size); iii. Agricultural sales businesses utilizing more than 40 acres of land specifically for the growing olagsicultural 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 surface exceeding 32 square feet in siz,e): iv. Sign(s) shall be in the form of an allowable sign type in the underlying zoning district. 616-Ci9 Cow-7cl1 ,f-t,niew o15.f00t110ght IllOdiri4i*tetliegpiltrill;:,-i.)6.ia.., for 1 - 1,-cointnentfil4t - " • • - 20 DR-1 FT LakeEinw ign Coele---CLEAN COPY (3) v. No dimension of any sign shall exceed 15 feet exclusiveof supporting structures. vi. Any illuminated slim snail be illuminated only during those hours when business is open to the public for conducting business. (c) Temporary off -premises sign(s). Independent of the total allowable sign area for an individual property anywhere within the city, a temporary off -premises sign may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions: ..Maximum 'Number. Every agricultural sales business shall have no more than two off-pre.mises signs at any given time to direct the public to the location of the business. ii. Timeframe oluse. Temporary off -premises signs may he erected for 45-clay time periods no more than four times in any given calendar year. The required temporary sign permit shall stipulate the range of dates for each of the four allowable time, periods in any given calendar year. iii. Size and Height. 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; 'AY. Setbacks. Off -premises signs shali be a minimum of 25' -from all side property lines, and a minimum of 50' from other off - premises advertising signs; v. Permission 'Required Applicants for off -premises signs shall acquire permission from the property owner upon vhose land the sign is to be erected. 1-94 District (a) Boundary. The I-94 district shall include parcels within the BP, GB, HB, CB, and LB zoning districts which meet one of the following criteria: i. The property is a buildable lot located to the south of Hudson Boulevard and to the north of Interstate 94. ii. The property's southern boarder abuts Hudson Boulevard, and is not directly north --either wholly or partially of a developable parcel lying between Hudson Boulevard and Interstate 94. C," Ct.11% Council l?..ev2e's- 21 DRA FT II ake Elmo Code —CLEAN COPY (b) Permits. Signs in the 1-94 District may be erected in conformance with sign regulations governing the underlying zoning district without additional approvals. Signs proposed to conform to the special standards established for the 1-94 District shall only be authorized through approval of an interim use permit. (c) Illumination. All forms of illumination which conform to the general illumination standards for all signs shall be the permitted within the 1-94 Sign District. (d) Maximum total square footage of ALL sign surfaces. The maximum total square footage of all sign surfaces in the 1-94 district shall be dictated by the maximum sign sizes for allowable sign types. (e) Wall Signs. The least restrictive of the following may be used to determine the allowable area for wall signs in the 1-94 District: i. The total area of all wall signs on any wall shall not exceed ten percent of the area of the wall with a maximum allowable area of 80 square feet; or ii. The total area of all wall signs on any wall shall not exceed five percent of the area of the wall with a maximum allowable area of 300 square feet. (f) Freestanding Signs. In lieu of a freestanding sign meeting underlying zoning requirements, a building site within the 1-94 District may have one freestanding sign within 50 feet of the property line nearest the Interstate provided the sign does not exceed 150 square feet per side (300 square feet total) or 30 feet in height. The base of such a sign shall be at least 75 percent of the width of the sign and be constructed of materials that match those used on the building for which the sign is installed. Window Signs. Window signs in the 1-94 district shall not cover more than 1/3 of the window area. (h) Awning, Canopy, and Projecting Signs. One awning, canopy or projecting sign, in conformance with the underlying zoning requirements for height, location, and maximum size may also be erected for each business on a building site in the 1-94 District (T) SbsUt Ctaise Theowner r.rf 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-conirriercial speech sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech.. or favoring of any particular non- commercial speech over any other non-comirierciai speech. Tnis provision prevails over any more specific provision to the contrar, 5-16-09 (:;:v Review 22 .r. rneiit; tb403: Existing Section D! FT Luke Elmo Sign LEA N COP' (i-7) Temporary Siguts. (1:1 „ 'peg4;:fygrili Temporary signs may be allowed upon_js,suanee of a _ _ permit for on -site advertising of special events such as openings and closings, change in management, sales events, or other special occasions. No more than four temporary sign permits may be issued . any calendar year for a given destination, and each temporary sign permit shall ruts for 15 days, Temporary signs for special events shall be subject to the following. regulations: (a) Only one on -premises temporary sin shalt be allowed per business or event. (P) Temporary signs-63D he in -the form ofar , allowable sin type in the tmderlying nalog districi (c) Temporary signs shall not exceed 32 square -feet in area and shall not he taller than 10 feet in heiitht, 040:60:04.141.0*. 0***, „ jrSiiii;S:i'jkIndependent of the total allowable sign area for individual properties or residences within a residential zoning district, one or more additional ground signs may be erected within a newly established unified residential area development subject to the following: (a) Minimum Development Size Projects of less than 25 acres which create tenor more dwelling units are allowed one (1) on-prernises around sign not to exceed 100 square feet of advertising surface; Projects of 26 through 50 acres which create ten or more dwelling units are allowed or 2 on -premises mound signs not to exceed 200 aggregate square feet of advertising surface on the project site; and ill. Projects over 50 acres which create ten or more dwelling units are allowed 1, 2, or 3 on -premises ground signs not te.) exceed 200 aagregate square feet of advertising surface or, the project site, (b) Restrictions. i. No dimension shall exceed 25 feet exclusive of supporting structures. ii. The sign shall not remain once 90% of the lots in the development have been issued building permits. iii. The permit for the sign nust be renewed annually by the Council. C:4ty C:cTiAci‘ Review Cornmerit [447]:Rociairig-5,eotacin switch ' ty06*ani:7gic*il,s410746,..q!-allowed- - xmhg Cornrnent'[b48]:- 'stingSeclop 151 119 crlX9) 23 DRAFT Lake E17140 Sign Codx—ri FA COP), (3) Oniy itidire•cs:t iijizrainatan Tx-rmitteci antj shal:1 occru- durirea those ilottzs viben ,;:ra on-sitoo Thhonle. opcil 3;:laduc7,:ing Temporary Off -Premises Signs. Temporary off -premises signs may be erected if all of the following criteria are met: (a) The destination to which the off -premises sign is advertising is a property for sale; (b) An agent must be present at the destination property for sale, and the property must be open for viewing, (c) The sign must be located on private property, and permission must have been obtained from the private property owner to erect the temporary sign; (d) The temporary off -premises sign shall not exceed six (6) square feet in size; (e) The temporary off -premises sign shall not cause the total square feet of signage on a property to exceed the allowed maximum in the underlying zoning district. (V) Warning Signs. Warning signs which do not exceed the minimum statutory requirements for size and number may be posted, and shall not count towards the overall permitted signage on a given property. Increases in either size or number over minimum statutory requirements shall count against the overall permitted signage on a given property unless authorized by conditional use permit which finds sufficient evidence that larger or more frequent signage is necessary to provide the intended warning. 616-09 (..).y Counc,i1 24 OR-1 FT Like Elrna Sii,T Code— .-CLEAN COPY 151.118 Specific Regulations by Zoning District (A) ign Sethack Signs shall confoini to the set back regulations listed in table 1 for the zoning district in which the signs are located except as may be specifically exempted or restricted in sections 151.117 and 151.118. ont Lot Line Side Lot Line Rear Lot Line Vehicular Access I Base Zoning r)istricts A ' RR RI R2 R3 R4 RE OP GB HB CB LB d PF • 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 0 10 10 0 10 5 15 15 15 15 [I]; Awning/Canopy signs, mural signs, projecting signs, wall signs, or window signs proposed to be located on a building legally non -conforming to setback requirements shall be permitted without a variance provided all other zoning code provisions are met. [2]: Signs within Business Parks shall also adhere to the requirements of a master sign program approved by the City Council in conjunction with the business park establishment. -16-09 Cey Coii.ncil Review table represents a : 'aeibacli:regainiemenia, 25 FT Lake Etrno Sign Code —CLEAN COPY . „ (B) A1IowthJe Sig rea. Theinaxin,urn allowable sign area for an individual sign and for total site signage is listed in table 2 by zoning district These maximums shall apply except as may be specifically exempted or restricted in sections 151.117 and 151.118. A, RR, RI, P.2 RE OP R3 & R4 [3] • ' Max rnum sign area in square feet (per surface) by .sign type [I] u 0 I ; sign surfaces aximrn utotal square footage of ALL I%6c 6 2 12 2 12 GB, HB, CB, LB, BP, & PF [4] 30 45 C 30 6 [5] 2 square fe 24 square feet 1.0 square foot per lineal foot of No building parallel or substantially parallel max to public road frontage (excluding alleys). [6] [I]: Sign types with shaded cells are prohibited in the applicable zoning dis-trict(s). Sign types with a maximum sign area of "C" shall require a conditional use permit [2]: Ground, monument, or pole signs, where permitted, shall be limited to one (I) per commercial establishment All sign types in residential districts shall have no more than two (2) surfaces. [4]: The gross surface of an awning or canopy sign shall not exceed 30% of the gross surface area of the smallest face of the awning or canopy of which the sign is to be affixed. [5]: On any:wall parallel or substantially parallel to a public roadway, the gross surface area of a wall sign shall not exceed 0.75 square feet for each lineal foot of building facing the applicable roadway. For walls not facing a public rOaciway, the maximum wall sign size shall be twelve (12) square feet. Open sales lots or- other approved uses on lots without a building shall be limited to thirty (30) square feet of total sign surfaces. [6]: 640-09 City C.c.Str."..-iiHnie-rt . represents a PPP.T4ixitilciP(f-cr5cisfiTig'sitW arra?*4'1.016.1an.is..ioth61z*Pf 26 DRAFT Lake Elmo Sign Cod —CLEAN COPY (C) Ereesthnding Sign iih4 The maximum allowable sign height for a freestanding sign is listed in table 3 by zoning district. These maximums shall apply except as may be specifically exempted or restricted in sections 151.117 and 151.118. BY ZONING DISRICT Base Zoning Districts Residenvat Districts RR. RI R2 R3 R4 RE OP GB Allowable in feet 151.119 Sign Variances 6-16-09 Cy COUriCi 8 20 20 Variances from sign provisions shall be administered in accordance with section 154.017, and shall be subject to the following additional requirements: (a) The sign(s) shall be compatible with the character of the adjacent buildings and with the character of the adjacent neighborhood; The sign(s) shall have good scale and proportion in the visual relationship to buildings and adjacent areas; (c) The material, size, color, lettering, location, and arrangement of the sign(s) is an integral part of the site and building design; and/or (d) The colors, materials, and lighting of the sign(s) are restrained and harmonious, as interpreted by the City Planner. (b) ccitprnept-[41.].t:Ttin table; #jire:sehtg a resoliable appoachtO 27 Signs: Summary of Public Feedback Rockpoint Church concerns: o Directional signage needed as it is difficult to find if you're not familiar with the entry point, the 3/4 intersection, etc. o Consider regulation that would allow an entry sign in cases like this. o Wall sign needed for the Church. o Check the downtown area as the downtown church allegedly has directional signs. General Developer concerns: o Neighborhood entry monument signs should be reconsidered. ulti-Tenant Building concerns: o City should consider a regulation that would allow for more signage based on leased square footage. Political sign concerns: o Can the city regulation the number and size of such signs? o Can the city regulate placement of such signs? o Do not regulate these signs during election years. Future zoning district concerns: o How will the current update impact future zoning districts that have yet to be created for guided development south of 10th Street. Use of natural materials concern: o The proposed prohibition on painting signs on natural surfaces such as trees or rocks should not preclude the use of natural materials in a sign. Enforcement concern: o Be sure the final ordinance can be easily enforced ount of signage concerns: o Desires expressed to limit overall signage; desires expressed to expand allowed signage types and sizes. o Desires expressed for more sign options; desires expressed for tighter regulations. Home Occupation concerns: o Desires expressed to allow reasonable signage for home occupations. Economy related concerns: o Directional signage needed to advertise properties for sale in today's down market. 1-94 concerns: o Desire for the city to adopt special regulations for the 1-94 corridor based on the higher Interstate traffic speeds and the resulting need for larger signs. EXISTING Lake a Sign Code SIGNS is have an unpact on the rural characteraia ,!;quality fitlie;:ettOitarafietitlittalie Etmo They may attract or repel the viewrng pub1i and affect the safety of vehicular trafflc As rural comnmnity,Lake Elmo is unique. The proper control o signs is of pticix1drimportaneebeause ofthisniri. quality and uniqueness. Signsshouidbe kept withrn reasonable ies consistent with tbe !; , ! s ty frk:tetAivi**ieciat:Chgf4#ef1414:eporior410,ai4,1ge which rOpigi!'.1:«Ort4it!the,'cluat' ofts appearance Thfo11owhi.„andards m theaetonal*A",;40Qt1t,0,410414:0:1 (1997 Code, § 535,01) (A) „ sign shallaltered,',reconstructed,'nwved in he : ity without first secunng a penmt om t0,,olty14;Thd'i!eotitdilfbfltheiiieg§'ia speech E , Id, q displayed an the sign shall not be reviewedor eonsdered in igetRaptg1* (B) ermaneint app1iatIonsha 1. Namesnd 2. ITheaddessat which the sgn .,.„ "its) 4,th.Olit.TH-li4ida,k 11Y e en 3. ::*".16k4Udes.10:4*-04!H'.- and the street on wluoh. they are to front, 4. ::::.cornOeto :set asdald:::plans showrng the sign dimensions, area, he ground el vations apRllcable setbacks, and other details tofully and n andanenent Ofte0.001 5. peo wr 6. 06**0.00,L01:14 7. 'N:.tcO3.)iiii' 6-16-09 City Council Review hthe sign( ,rptp:; be eected e . , Comment This .1 hngO6se waI rorisod hy itic2008 Ordinance pirdato for I)Ng-riuInir1 sig*onrf COrrintientIf , • 15E1:1:6 within Lhe nwod. Ccnnment[b]:tru s.ec ti on . Enc TING Lake Elmo Sign Code (C) c A sgn plan showmg signs far afl busrnessesf<th sign i1ootd ona $4.0004,41A0t4'100.010:*144 d. frd;1diajibrad:Oli0,ibb401i4efab0*t t1a0101diiiit400kif150tfi 4460=4:604i40:000:064W0114:01.4000*0:044itii**r0:: e. Ifte014044:4*OTic41:*i1V15.1.,00iiat It1r0:0,f,orother information :1.bat sigrnficae ar is a 0-1: sf 1.*.noora " 1. Na 2. :310:t100:0#1#:.:0;i:411§*:i4:*flP0T. „ the fo e5SP5'9H: lot; 4 A soaId. site p1anhcbthe proposed 5. The110i0i0K4Ii:iiI0tr.(0043jA•16 41!sgti66 6. j Rcr1:40,09;?..4.40 7. The::fciltiglif4014110,ab10.i', simsto..bc erected. b. A;;-.6Fiiii-Cti6i4 either sign,`$iigiOr (D) Temporary Sign Renewa approved di1s&io 1. Names and ac 3. 6-16-09 Citv Caum...il Review ses hihth pOTLV :0 temporary :kol.permitissued by the City may .sign, size, 1 atipn, or other previously gn renewa1 pphcatiou'thali 0anofksign.,0nc11?0 bv, erected; (i;e140.4,040.1:0;iPittIlt;60itti*004 - Comment [04]; Nown section ii,,I.:15,1,(A)(1) i thordJiirce; EXISTING Lake 5. $\u( . 'k�� 09& a %» k $& 0.11 O t1OT ! $a er appurtenance a :' 01106 A « crOriune n a ' afar t¥+ EXISTING 1 1riao Sign Crick "Sign, Agncultural SaIs" - A sign placed on a lot or parcel ofland advertismg an sibject o ajl removal:T.poir4.mpgs s01:fa• • "T ,:side S �tedona tenoraistru1 offl64.11*alpiv •OWiaLOflW1ytO5 • Maintenance. Ati signs and structtres shall be constructed of suffi cien±ly perrnanent material so that deterioration frorn watheringaiyexsting' sign 400.4 0,0„#4:'C10*0-; r*i41*"' itOificrOid.:400.0'W e!?icctl signs. subjhsiect or easements . ithoit preit stuuresh at sis7ar'' „ or ehic1ebeingusedo zonigUistri , 6Y':$10.0*±''4404iiSt:e0 unsafe,which is rQtVed; .rePlac signs " any jij 7:1?A!,i4• „.. „ sign.o.r stncture shall," e erected or mairltaMed ifit mgress or ess from any d�or, wmdw, Qr-are,.sca . standpipe9 (5) permlt f0:9,11-7:0'*aXiirertiOn$ ofspecial busmess events such as openrngs and 00SingSihsp.gp:iri,*iskO*Snt,:,,SSI*::.sV4,0s;*j4tikefsii001;;oc6asii)4S '11:00t1-*.L.5i14:tt'dt49=. sIgnpetmit nay be issued iri any calendar year for s given destmation and eaeh ternporary sign permlt shall run for 15 days. shall nt b. Temporary signs shali not O'coi "40.0 04: 6- 6-09 City Council R.:Mew fe1 in area-4nd s.h411114,1-,, Comment [ti9]: All definitions-ik,r added 11115T115.1C) no-o: I orOiiniwido r" - 61iii1111011t1414,j1!Gineial Mondnrds.' . , tOrtimen!4bi1: Thi Iai was TwOrequirenients, and placed. in I '.5dl'j01.0.,:51;k1.6(1MOiti2) ' COrtilyseri [1:11'.47:: Now in section 151.1.17(R) -7 Cdit0...d ;far 121aripr icAniludi.: I inuenzied7 Ccim,meittib10];' C ilient:[1/14]:'Ssine.laogna,go. 4 Nowiieciion; 7 (C1)(1) thin or edit. I C., slyit„ch sign iype fruii-C.'giou'auf.ii•go".. to ..allowed .4g114Yrei ill the tincle..ilyine coning EXISTING Lake Ebiw Sign Code t'anaonex 00 for sigiingfiSia2 (7) Compcifibt4:.. Al! is shall bt comp.atible with the hu1dng and area in v..,hich :they are located. (Too vague — Removed) qg'§`.]:INcl: more lhart: 3 'prppolYsf: y utsi4i:0 (9) Preservatitm of visTial impact of :.zrchite,;!urc.ilfratu-rfis. A sip shall not obscure architectural features of a builciin.g to which the sign is attached. (Too vague; architectural features ean be practically n ything-- .need to differentiate types of features to be protected if this is included —.Removed) (12) Cm7ditions. of -waiver. The terms of §§ 151 15 er se.g. may be waived if the siti is a historic resource or if fle Siatl is proposed reproductioa of a historic sigh. o-ernoVed — valiance would R OW be needed for an waiver of sign requirements) .•e.**-4.4oios6 a. SiaMeasti • " The are ofa sign shall becornputedbymeans. o back to -back sign £aces containing sign copy the si 1014supports ha1l not be rncluded in the sign are ca1e ;: la § 151 J19 PERMITTED SIGNS. tng 0011all'e'kt000ilgte as1gnhastwo areaforjust one (A) The following sips are allowed without a permit in all zonina districts, but shall comply with all other a.pplicabie provisions of :§§ 51.1 15 et Seq.: 6-16-09 City CQuncil Review • Comment- [016]:,E1c1 aidOficedin Comment [b17]: Now.h saw Comment (bis]: Nim, in; sentinn 151.17;.(1 7' ileit LeiiJdrus$tumber Wend -Cent -ion minktnigi'plaquis' ; (b1.91." Rep laced yith (P)(2); -.edited u requiem over 'tewal snt- 151116(D1.: EXYSTI/V3 Lake Elmo Sign Code L) Public _ 6t gil$S;t0S.P:aSsipt Ogns4-4.171 Signs ;1;-- plaques„ a Aiff , ate of con tobamentorative 0,V6;t:',.*n: The hke, w1ucb are permanerlt construction,40d *lob: 4.1.to:air integral part of the bu.ilding Orthe (3) Poiiifical signs. Signs or posters announcing candidates seekiri office or issues to be voted upon at a public election, the signs must contain the mint and address of person(s) responsible for its removal. (Based on content- 7 re -mowed) These signs shall be ererted rio more than 45 days before any election and berethoved 1O.days iff6f,tho-, " which they are intended The oityshall have the right to io4i0Ve Jet (a) Size. — - — - — — - ' 2. Com'c'o Difrcs, The maximum size shall be 35 square feet in area. (eliminated in favor of general size restrictions during non-etectiou times) ithstan 4111'0 thbse0i6,:"1:(-100;,' rnay be posted from August1 m atate .eneral election year uritil 10 days foflowmgthe 4* (4) Holiday ini2.s...itiges. Sign displays which contain or depict messages . zitting to a national, state. or local holiday and no other !natter and which are displayed for a period not to exceed 60 days; (Based on content — removed) (.5) Consow.irion signs. A non -illuminated sign announcing the names of arChitects, engineers, contractors, or other individuals or firms involved with the construction. alteration, or repair of a ha-U.1.11Q: (but nor iticluding any advertisement of any product) or announcing the character of the building enterprise or the purpose for ;whicirthe building is intended. The signs shall he confined to the, site of the construction, -alteration, or repair and shall be removed --within 2 years of the date of issuance of the first building permit or when the particular project is completed, whichtever is sooner, One sign shall Ne perthitted for each street the prect abuts.. No sign may exceed 32 square feet inmulti-family residential, commercial, and industrial districts, fTh,c112 square feet in single-:fainfiy residential districts; (Based on content — removed) 6-16-09 Cit.; Council Review Comment [Lr21] ow in s5is -0:1,116:(B)(4) 1.)ft coverer) by.i.thedefininun for with lingua5e 'alloWinksoofi'signs cti pu lands rind ROW . Comment [1722/V No w iji sconun ',12.5: lc I .17 :(B) caliteci for. zilari d coin binOd ‘).4.tb:faii4ukpe governing Noose *101?4TS' I , eil4b24j; _Nowin'sociions -(5-,8:;C)H,residential, tontrrieii(17.25);ISlow in tion 14111,11,77).(1. 0,04 f9r.e:Lain'y 6 EXISTING Eh710 Sin OHIO (6) individual prop?Fly sale, lease. or rental sign. An on-preraise sigr announcing the name of the owner, manage, realtor, or other person directly involved in the salf. or rental ..of the prope,rty or announcing the purpose for which it: is being offered. To sips are ilmited to6 square feet in residential <:listricts and 32 square feet in commercial districts. Sighs must be removed within :10 days after sale or rental of property; (Based on conterzi:— removed} (7) .R.Iirnmag-6., Sigos adyeitisi ag a :rummage sae not exceedint 4 square feet located on private property which conform to the applicable provision> of this title and are removed at: the terminaticgt of the sale; (Based on conte,tti — rernrrvixi) (8) Name plate signs. (13ased on content removed) (a) One name, plate siz.n, placed on a wall of the structure, for each dwelling not exceeding 2 square feet in area per structure. No sips shall be constructed to have more than 2 surfaces. (b) One name Oat:, sign tor each dwelling ...-,r,roup of 6 or more units. The sign shall not exceed 6 square feet in area per surface, No signs shall be constructed to have more than 2 sides. ea/ estate Ng ; PPP? ftPlE9.1:M adverxising signs. , (..**60iii041i0t0#,O#40,14***o.i: t0.0*1C.*. L Minimum Devclopment Size: i. Projects ofless than 25 acres which create ten or more dwelling units areallaw.edz;troti, 100 square feet ofadvcrtiing surface; „ ii. Projects of 26 through 50 acres which creatc ten or niore dwelling units are allowed 1 or 2 on -premises igns not to aggregateexceed 200 .:4i*.4.*0ofadvertisiirg" ili. Projects oer 50 acres which create ten or more dwelling units are aflowed 1.2, or 3 on -premises sigus not to exceed 200 l'obstiugp:f prOject site. 6-16-09 Oh; Council Review 7 EXISTING Lake Elmo Sign Code 2. No :diensshaL1cxqed 2 • ii. Ihesignshaii not reman once 90% ofthe lots in the teonissued ,b.tj1dingennits ezerteivectannitally-by.the . v. Aiiy. ilhuninatedi'$igh:s „be :i1Jminated oriiy durhig.giqs:p ours w'00: ii§itieS:is:!14,qper,atiotii:priyhTF.•the,piodpI hc$fliesdv1opment aregpnfQrcondtIng aOn-Preniises On premises agncn1turi sales advertising sgns mybe used sibj&itto the foI1orngequirenients 1. Axn4ge ral'Pr.9..:401:90; Ai04.tutA sales iht#trit*s.utiliting'iss,thati 1.07-ipt*6f • f�rth busxness are allowed 1 on premises sign not to exceed 32 -.**410g04135"f ii. Agriculturalsales land but less than40. atres 7,1A' businesses'; exceedfland speifica!ly for the ;oss squarefeetof 4.•F „ . . . 40440,of 400000144440***4**iii0*448I* 1?:iiaio*.*-000a;VA*:%OiOlf:600'040ex�ed 64 gross square feet nfadvertsrng surface (with rio - g$2**r'dt4tli44:4, 2, hrerises.,aign zinens-1.0thcx..., exp.e.e.d $401Yorti 6- / 6-09 Cio, Council Re7ic.w *tta*6f „ . t'cOiiiitientib261t..Now gecOrm: . . - have onc non-illuminatecl sign (exempt 014/1S1 not °evermore oltraw'Osvile.09: eno larger2han 2square' feet 6-1 6-09 City Coundll Review i')IISTING Lake Elma Sign 34,4t1hinititatatt' „ umina-ted only during iv. 222, 22,22 22 -._ those hours when busincss sopen to the puh}ic or co , PV-51.0;5*, premises agricultural SiileS14Yellising sign ninY owing'r no more than Public to the location 2sagrieUthitat,a16§'13.tisitia*thattlaVe reittOeSitg05.;22'at*2V. 6.43-itatt" ,......, F, F 2. OfgfitanAkesigoti'rettor i. n off -site. agricultural sa 2arefect in areaand-shall notbe ta11erThrn10' elausirtes's: vcrtising sign shall not exceed ii3Off-premises 152a4rhihitntiinitf Pr2-0P22*-'i ines,and of, a, ithi5o.fi<5415: o . premiscs advcrtising• signs: iii. Applicants for fiOtlitt*: property ' 0i.4•1400? . il44 3. Timefrarne ofuse. Either. one -tkVO:off.tireii*eg,a,,siripulttiral sale0:0*004,.,8, gt(s)!*.4:y1:,)6:466totuf.(*d 45-dayF:tjimp'pribd tno more than four times in any given.o.:104041;: " required yearlyi.,:permit shall stipulate i.:. io I . '.. 64itir periods. ..er1P4s§t9r1 st . Temporary wayside stands perrnhted by codc may permitting Goilithent'[b271: NOW' stction ;.:coeument,ft.28];'Ikklaiess0 iwrIia 2; , :Coiiimenitb291; "Nowill.sec!i 1-;,3 'ffiiFe'st; olda piiT ofth uritin such 8cucral.1.611 Tx) , . sect.i.on 1 1.51:11:7.4M- " 9 EXISTING Lake Elmo Sign Cade (997 Code., 535.05) Penalty, see 10.99 (A) rrnns or detracts „ c or ignals, .Any. Offpremisesadyertising sz 155s{ q; p:,00g.i.OKrorettiOs,,;$ ,•1 • �nicteaaerboasgr,S••• bctprov 6:04W, : '.4414S1.!:'P.P1'10:13Y9V017tP10b0, illumirtated with any tlashing.or intermittnt1ights or shalL be anhnated, except ti-100 ternperature information. Ali displays shall be.sIieIded'to prevent any light to belirected at oncoming trafLic in the, brilliance as toimpair the vision.�fany driver. No 6.0.j.60•S • or L ZONING DI z, Ana& cOntatris or •iroltatos, an- offiOlal asgn _ _ . • reints,ps•advertistog s exceptas -:*liieh,":400g;i6T,tptat6siiiaittiank • • AP4' terrgitt • -0•41..fiarii be i1Iuhiinateda.manner as to interferewith or obscure an offloiajti Banners, pannants, rib.oiz, strea.mers. No sign which contains or consists fbanners, pennants, ribbons, streamers, strzng oflighPbnlbs, spinners, or simiiat devices except roved sig trlah, : . _ . . . _ (8) ::fl".., : - 0- rt cib les0,,y1: :--"Ineluding butnot.limitedit6.;sittnSi*Aili. ,,'*hods:,:rernOVO-d #44.0, "'Od:':-,t,61#i,e00,1vo,,-00ilidtie-iitty'pt:t.Oixti'441.-.ii.oti*Oti.:0-06,i*,grik,,it.,:0-' yo k01; ori,.;# :VOrts#1.g!ttOOSO.S;•:03*Od::00,visit?1.4:-frt*theiti.tibliolOot;ki-E40; exc ' iigp-,,,i,d6024i4,-itio,,i7Oited-b1064,y,h6:44.1**ehl*iiiii/it,;1:isia:z*,the:;i:Oiiii .• day- to-day ',•;-Oik:i.i.titifASI:Ot '-'"-„iia*SS;!:40*-14f..,,g406:0::'640011. -.-Seih.„ i olatilibtollis . .. • - : :-.. .,..:. • tt6iii6tta*a,ii14,... ._._ ............ ....... , ...., , 0' gr,s,:--cp., iii .......____.....,.... _....._ ,.. 7.1li,t.;iii.iidiee.tqigns,.i4FiOg4.kiIh*tiiWa-fg4:4,,4io4gt::OK"''''' ' g_ ._0 erstmgliis',*;:.:Oilctio*:-0,7gotto.-..--, 04-:,of..=4)*:o'fi1ig.... 646-09 City Council Review ty • Cornmeiit r r _„•„ . 151,117 in sceti Comment [6134ititinw r " - ..„ , �rnment[b35TJ: N msection, 151 i )(4)" ;A -corn bi4ed with:ether prtifiilittd sign :..siiscu-age for conibigeii se'019ii :cifiiiiiiielii391rNn, nse6tioil 151: 117:NX:7) 'C.:cirMiiilt:t6401;,-Rtplace'd with. ' toil to require -.,greitei,KrulOy.oi,er.7e. ate signs iiiit:(11•413:'New in. section (re)(4'),H combined with oth EKLS77 /VC Lake Elmo Sign Code mytkg' 00.0*,beame Bi1lboard. (1997 Code, 53.(.16) Perreltv. see 6 16,99 li$14" (A) .Perm Wed signs in reskicntia Pristr114-.62T-'..01,40eAL ) Professional name plate wall signs, not exceedinty 2 square ft in area; (Based on content — removed) (2) .gdtherdate:;ofereetibri4ilieri bUtiritO.',a4riaSta, .4t,1* iiceolty:S„ e. itiaterial; (3) Politioal signs as reattiated §§ 151,1151.q seq.; (Based en content — rembeed) (4) .h1di vidual property sale; lease; or rental, as rey.nilated in § 151.115 et (Based on content — removed) (5) Construction signs as reaulated in §§ 151.115 et seq.: and(Based oxi content reruOved) (6) Bulletin boards or public infottnation sians not over 32 square feet located only or the premises of public, chartable, or reliaious. institutions. (Based rai COlitent — reniolied) (1) iViirribiir. One wall, raonurnent, awning, and canon or 3-c.1imensiortai sign is allow per business, When a building or business abuis 2 Or more public sIrects, an idnional sign located on each street building lace is allowed. (elirainated in favor of general total. s.gnage and to -cation rquirtonents) 6-- /6-09 Revirw 04trakentfb42]1 Now in ectiot ;1151.11,7 otlior A/rO:Inbint/5:sign Comment spciiisn Comment 0441;acillaced With 00:'I't;;;I"A%0%2)'/`, .e•ar0";"ic111:041ifei ''Pj41)11:" sin 65iiiierif04P]iiTWT;6/;ii:On* 151/,1171,*93' ..11;5:11,1E11$0i11ii5ontifes1/irloWnii1i4/1n: 41./61.1iizoinng/listrict. !: Comment tb47]5Nwnoi/iii/n 11:1,".111:1".(/,4)(1)1::!: „ e://iiiiirrietq;(b481:,;Ssioniniized'old, ariei-•ji4401/63 ,":" :Ciiniineni-rb49]::Now./n sction 13 I.: 117(1);whib.noordinain n11 ehin taag,t14.4c TF.quirii0.4rAsgr's.ign -;' 11 EXISTING Lake Elmo Sign Code (.3) Other requirements. Se area, locatim. and height roquiromerms b&ow fbr of sign solc-zted. icig71S (a) Arev, The total httlidizig siqloge, shall hove a t-,,..g_gre/gate area not exoce-ding 0,75 squrt. toot for each foot al the buittling lac:: ?erotic! or substoptially parallel to a sTreet or lot lino,(efiraitipted in favor of generai total ;,;ignagc and loratiell requii?ements) „OP: „0.31.1Ppg-e,, A wail'sign '"" „ , r - " Wallfiti*this= 15 feet as measure' building wall to i„, whichevcr is low' 41 thetpara 141140f:t.hq P.50010. (e) Special conditions. Where a principal buildingis devoted to 2 ar more permitted uses. the Dperator of each use rnay instaU a waU sin for their particular uSc, a sign p1an must be submittcd for the Oihnildt*tl "Rm. ysot.,ts signage c9t:. builditt:In shall not excw1.1 0.75 square Peet for each foot of the buildine face parallel. or substantially parallel. to a stree,t,t.lott lintt,..(elitnittated in,favor of general totag ,gignitge and location req tairernen ts, Area. The arce ofpedestal type .freeiandirig 5igns shallnot excd SJ e5tal st shall he' lOcated m*Y'rCi41111 atEa000SS41,411C-TPONY.:37-...or prop .. Lighting. Externally illuminate4Or'back inatedsi&na4te;Allb*ed wning. py 6-16-.09 Citl, Council Review etteTs- ale allowed; no tOsnrileirstAtiStili-Ackiresstiirithe e041351N0i. .e.449tt,.., '''carti!Tientrli5.2: • Noann.ser..ton. 7.,.xlited for cl ty. to o,nifindirc,n1.41annininibniinO 'r6iorso' . comment [b531:.aw 1'51 I :I7(1) Whioh-tonrdinaits exiiring Is...language iequirin5 a master sign program (s)(0(c)o) -6diterl for 6.1arit3 • Wind:led:by Me 11 .general.cily.stxidarcLs for eig.n setbacks . soot:ion . -1.c:6mrrierit:[110,1:.Now in scgion ' 12 . „. .151::07..(7?) : cdr.fr,s, ' coinmorqi[b5911".Nop....Inopieci...innow I EXISTING Lk Dino Sign Code oss s ace of the awrnng er canopy ofwluch the sign is to *00 (7) Projecting signs, ofa:projecti ._..... .the.64qtiare.- .!,Proje loca itdgible :torn . (C)“ Signs petted ir; the, Highway Business, Limtd Businf.5ss, General. BUW., and BizsineNs Zoniyrg Disiricts. Ail commercial office and industrial sititis ii Highway Business, Limited Business. General Business, and Business Park Zoning Districts require it sign permit. (1) Waif signs. (a) Area. The gross surfaet.,' &ea of a wall slim shall not exceed 0.7:5 square feet for each foot of building, parallel, or substantially parallel to the front lot line, (eliminated iri favor of general total signage and location mg Orem en ts) (1,) .Locatioiv .A wall sin shall r „ C(C41040iii:#1.064:tgi.it:(**. !en 0.4*45.641*Idi,iikb*Oiattiiii01#4.0.0A00#1,41":106**6:ilif, J1towhch tF: ogi:ifitti05.,kt .; The Iocation and arras °fall wall sin shall he subject to n, . the reView and approval of the City Planner. (removed .- too vague) r:20 feet frornth Commentthe table 71 4144*.y*opikp-i-4.4(p)(-) Coitittiesit.111631e New iesectiot' 1:514 kl(P)(3)(a-)*'-a ge.a411-:,40 • C2eftii,trient[6641::Na3-vin. section 1,7O'nr'in seci:ien •1:51:117:.(1'.)(1)(1/, • ' •.• tad et; eliminate the 2( fool beight nntinnurri in: 611V0A Of: cht4eMi'pfiltncr.inateintuta 'etp!;'4.!Ipiti#01 1 rul: :, mgas..devoted;-,: to .. or more a';':Wall sign-"ti-',:k:0i:tii0eidllfOtiMitoilati:Shat76-a .ixed. sgn.pantittltStheIstiltafnifteCilfPaiie • Comment[08]: Now iri se.i.ltion„,. .' Now in attaii-nan : witted fat' clarity. i.. The total gross siitnage for the enfire hwlding shall not exceed square foot for cacti foot of building fact parallel, or substantially parallel, to a street lot line C-i'6-09 City Coun,-;11 Review EXISTING Luke Eititi$ Sigw Cm If (eliminated in fivor ofgeneraitotalsignage and loestion requirements) or a 2. an reegan oss surface area of a ground sign shafl notexQeed 30 fc'sfOr i�:eed an ; ; roum" grond sign shall notproject hi '1.ofthiearest4jke6titt4; tia-trietiSiii.ctl.frOnAiaae (ci) There shall be l freestanding siiTer development site, unnecessary for ,t1,1r_. businesses to ;have a ground, ni•onunient, or pole sign) be required (for multi tenant oommerra1 builthngs) besides the individual tnant and ocOparit foUownreqrements (a) Building master § thalLnot cantain 11.1eqlq#4:ofany _ . y thebui1ding may bave a freestandrng sign with a maximum of 1 square foot ) Ifa muitiple tenant commercial building hasa floor ea greater than ut.;less 400 square ;:f00,,:', 11:64*,40.::fe6t, • (d) If;a:',Inultitile[tetianipoitirnerciit'bilildingi:haS,kflobbirqatifve4t6r taxi nAte'eot;:*oioof4er may have a master identificatton sign aieaoff5.„,fet (1997 Code. ti 535,07) 'Penal Iv. see 10.99 6-164/9 Civ Coun.:3 Rtn,few . . Cornriient Eitieff:Htioiv in.stotion :451 'firi-:tiiskesi-Y tairOeik tb723 eriv . ;', comment [b73]: Jr‘ stkn 3' Comment b 74. newc,itc CQI uudin. rientie751: 1,ToN4, sectiiirn 11,17 for clarity Now in semi 9r edited for clarity • Comment [1,771iN;Frin section I 151417 PX1i;)01 14 COrninent [bit]: Novcin section CornmentI1579]: -Now in seotion, EA7.5 IAT; Lake Elmo Sign Cede ti Generaily t00)ilrl'*C0i'*-0111410 guide pedestrians to mthviduai ' .. jpnient thepurp�e "section directory sgn niay have maximuntarea of 1 square foot for eaeh , . - § 151:123 AUTOMOBILE SERVICE STATION SIGNS. (This section and all subs 'dons were removed because they are content specific) (A) Automobile service stations are allowed 1 wall sign and 3 ground sizn subject to the following conditions, (B): 'I) Wall signs. There shall he no more than 1 ',Nalsign per building face with amaNiirsiurn sio." area of 0.75 square feet for each lineal foot of building frontage. (2) Fro.ff.,:riindin s4ns. There shall be no more than 3 freestanding sign for eacli principal building. A freestanding signshall be set back l'5 feet from the front and side properly line. A freestanding sign shall not project higher than 6 feet as mettaired from grade or eontain Tore than 7." square feet of signage: .(3) Service. bay wzd island icieniffic.:ation signs. Service bay and island identification Si2.,DS are permitted providing direction or instruftions to persons using rhe facility, but shall contain no advertising material of any kind. (1997 Code. § 535.09) Penall,i„ see 10.99 646-09 City Councii Revf 15 EKISTING Lake Elmo Sign Code PlanningCommissionshall heatre nests,:-„for,!alyartancetothe .115et sq. in irrstances where netenfOreernett:70 ircumstanes 46i6. the 104.1v1441-1,property •, (1) There are extraordinaxy circumstances t app not These 19pP. re. a la' r, dor etbank i-Of-AyeY, 4gik.th 44,0iip.:0:trihts congnonly enjoyed by other properties in The ame distriot (7) adjacent areas; 6-16-09 City pecial,..earcugq toth anting ofthevarianees redonotco niances, e variance regnestect;N!0014:04`lier,:- „ 4.4 „Pr e good scale and proportion in QW7CIIReviLew 1$1.1 6 tif.,47, .uiMingdesgn;. and/or forevarrancei. ?cgoo', ir :-a . .„, . '"d:S;"',*11,611#6$,, eviat to the to bnIdings an . 51ii5 et seq. si 16 Coinmenf..[I)81]i,Now utscticna i t Sign ode F-- Gomment't 17 CityC-nuncU Date: June 1O.20UQ REGULAR N1oUon ITEM: MPCAVVatermainExtension Project for Municipal Water to the Olson Property — Proposal to Oversize to 12-inch Trunk Watermain Pipe SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY; Craig Dawson, Interim City Administrator Ryan 8tampoN.Assistant City Engineer Mike Bouthi|mt, Public Works Tom BouUhilet,Finance Director SUMMARY AND ACTION REQUESTED: The City Council is being asked 10authorize the expenditure ofapproximately $1O.00Otoincrease the vvetennsdnpipe size for the K8PCA xxatennoin extension project that is providing municipal water service to the [)|aon property located along Trunk Highway (9524 Stillwater Boulevard). The City would be responsible to own and maintain the watermain. This cost would be paid for from City Water Fund. The vvatermoinpipe size would beincreased toa 12-inchdiameter from the minimum required 8- inohdiameter pipe for acity owned utility, sdaproposed bid price ofuB.84G.00.This amount is based upon contractor bids received for the MPCA project, determined by the unit price bid multiplied byonestimated quantity. This proposed segment ofvvobannm|n|nidentified inthe Qty's Comprehensive Water System Plan to be part of the future trunk watermain network, shown in the Plan as a 12-inch diameter Trunk YVaterma|n pipe. Since the vssbennain extension project tothe Olson property is being constructed by the yNPCA increasing this segment ofpipe from aminimum required 6-inch diameter toa 12-inch diameter will allow the City to have the trunk watermain segment installed at a discounted cost. In this case, the City \sgaining approximately $50.DUOCo$DD.0DD in infrastructure value for a cost ofjust undar$1O,UOO. ADDITIONAL INFORMATION: The W1PCAisproviding municipal water hothe Olson Property, located at 95248b|kwoter Boulevard, in response to high levels of PFBA contaminant found in the private well. The work wIll be fully,funded by the MPCA but the watermain pipe will be turned over to the City of LakeElmo once the project isfully constructed and tested. Plans and npeoifioaUons,for the vvstnnnain extension project have been prepared'by the MPCA and have been reviewed and approved by the City Engineer. The wotermainextension will beconstructed tnmeet the City'eEngineering Design Standards, requiring a minimum pipe diameter of0 inches. Contractor bids were received on June 3, 2009, for both a 6-inch diameter pipe and a 12-inch diameter pipe to identify for the City the added costs to oversize the project to meet future objectives. The tabulation of bids is attached for reference. Funding for this unbudgetedproject will come from the water enterprise fund, which had acash RECOMMENDATION Staff recommends that the City Council authorize the expenditure of approximately $10,000 to oversize the watermain pipe to a 12-inch pipe diameter, to be funded through the City Water Fund. SUGGESTED MOTION FOR CONSIDERATION: Move to approve the oversizing of the MPCA watermain extension project to a 12-inch Trunk Watermain pipe at an approximate project cost of $10,000 (project bid cost of $8, 846), to be funded through the City Water Fund.. SUGGESTED ORDER OF BUSINESS: Introduction City Administrator Staff report Jack Griffin, City Engineer Questions from council to staff Mayor facilitates Receive public comment Mayor facilitates (Public Meeting) Discussion Mayor and Council Members Action on motion City Council Al ACHMENTS: 1. Project Location Map 2. MPCA Bid Tabulation for watermain extension project BID TABULATION AD C3984 WATER MAIN EXTENSION LAKE ELMO, MN-FOR.MPCA OPENED: JUNE 3, 2009 @ 2:30 P.M. COMPANY: CITY: BASE PRICE: ENCOMM MIDWEST, INC. 1SANT1, MN $53;335.0© PAGE 1 OF 1 DAVE PERKINS CONTRACTING, - INC, RAMSEY, MN 83,517.00 ALTERNATE 1, six-inch DIP water main In place of 12-inch - DEDUCT: $8,846.00 $9,767,00 City Council Date: June 16.2OO9 REGULAR Item: MOTION . DlEW Resolution Authorizing Publication ofStorm Water Managementand Erosion and Sediment Control Ordinance SUBMITTED BY: Jack Griffin, City Engineer ' REVIEWED BY' Cra- �Davvoon.|nt*rmCityAdnn!nistrobor � � Ryan Stampski.Assistant City Engineer Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED: The City Council hubeing asked to approve a resolution authorizing the publication of the updated Storm Water Management and Erosion and Sediment Control Ordinance. The adoption of this updated Storm Water Management and Erosion and Sediment Control Ordinance fulfills a requirement of the City's MS4 permit through the MPCA and fulfills a requirement of the City's Storm Water Management Plan. The updated ordinance will provide one location inthe City Code to address storm water requirements for the City. The storm water management fang uage has been clarified to provide clear direction on enforcing the City's rate control and volume control requirements, The ordinance includes sections bzaddress app|icmbi|ity, plan review requirements, performance standards, inspection, ma(ntenance, enforcement and financial security requirements. The ordinance further incorporates the City'o Engineering and Design Manual bzprovide the detailed design requirements for the storm water facilities and erosion control measures that are to be used for construction sites in the City. Staff is updating this nnonuo| to incorporate Erosion Control ByNPs and Low Impact Development BK8Pn aopart ofthe overall StonnwaterInitiative and yNS4permit. The City Engineer will present the outline and highlight key items found in this ordinance. As part of the ' implementation of this ordinance, the planning department will address outdated code sections related to storm water that will be replaced. ADDITIONAL INFORMATION: |ncompliance with the Clean Water Act, the Minnesota Pollution Control (MPCA)has issued opermit hzthe City ofLake Elmo establish inOthe conditions for discharging storm water ho the waters of the state under the National Pollutant Discharge Elimination SystemiState Disposal System (NP[)ES/SOO) Permit Program. The City ofLake Elmo was issued coverage of this permit onJuly 15.2OOd. The permit requires that ostorm water management and erosion and sediment control ordinance be implemented within six months of MPCA issuance of coverage. Due to the fact that We were in the process of completing the Village Area AUAR and the Local Surface VVoher Management Plan, yNPCA granted an extension to June 30. 2009 to submit the required ordinance- Therefore, toensure compliance tothe NPDEO/GD8Permit, vverecommend the attached ordinance beincorporated hzthe City'sCode ofOrdinances, RECOMMENDATION Suggested motion for consideration: Staff recommends a motion to approve Resolution No. 2009-029, authorizing publication of the Storni Water Management and Erosion and Sediment Control Ordinance. SUGGESTED ORDER OF BUSINESS: Introduction City Administrator Staff report City Engineer Questions from council to staff Mayor facilitates Receive public comment Mayor facilitates Discussion Mayor and Councilmembers Action on motion City Council ATTACHMENTS: 1. Storm Water Management and Erosion and Sediment Control Ordinance 2. Resolution No. 2009-029 CITY OF LAKa, ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO, 08-016 AN ORDINANCE ADOPTING REGULATIONS TO GOVERN STORM WATER AND EROSION AND SEDIMENT CONTROL IN THE CITY OF LAKE ELMO Section 1. The City Council of the City of Lake Elmo hereby ordains that Sections 150.280 thru 150.296 of the Lake Elmo City Code are to read as follows: Sections: 150.280 Statutory Authorization 150.281 Findings 150.282 Purpose 150.283 Applicability 150.284 Definitions 150.285 Incorporations by Reference 150.286 Plan Review Procedure 150.287 Performance and Design Staiid4.0%,;,, 150.288 Storm Water Facility Mantenice 150.289 Monitoring and Inspections 150.290 Enforcement 150.291 Financial Securthes 150.292 Storm Water Utihty 150.293 Lawn F6ilfiVer Regulations 150.294 Other ContrifiIS1' 150.295 Sey.erabili , STORM WATER ,p1OSION AND SEDIMENT CONTROL 150.280 STOITTORY AUOIORIZATION. (A) This ordinance is:4'dopted pursuant to the authorization and policies contained in Minnesota Statutes Chapters 103B, 103F.401, 103F.441, and 462 and Minnesota Rules Chapters 705,0; 7090, and 8410. This ordinance is intended to meet the current construction site erosion and sediment control and post -construction storm water management regulatory requirements for construction activity and small construction activity (NPDES Permit) as defined in 40 CFR pt. 122.26(b)(14)(x) and (b)(15), respectively. 150.281 FINDINGS. (A) The City of Lake Elmo finds that uncontrolled storm water runoff and construction site erosion from land development and land disturbing activity can have significant adverse impacts upon local and regional water resources diminishing the quality of public health, safety, public and private property, and natural resources of the City. Specifically, uncontrolled construction site erosion and stoim water runoff can: (1) Threaten public health, safety, property, and general welfare by increasing runoff volume peak flood flows, and overburdening storm sewers, drainage ways, and other storm drainage systems; (2) Diminish the capacity ()flakes and streams to support fish, aquatic life, recreational, and water supply uses by increasing pollutant loadings of total sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens, and other urban pollutants; (3) Degrade physical stream habitat by increasing stream bank erosion., increasing stream bed scour, diminishing groundwater rechargediMinishing stream base flows, and increasing stream temperatures; (4) Undermine floodplain management efforts by,inercasing tiii'incidence and levels of flooding; (5) Alter wetland communities by changing wetland hydrology and increasing pollutant loading; and (6) Generate airborne particulate concentratiOns.thatareilealth threatening or may cause other damage to property or the envir''''ent. 150.282 PURPOSE. (A) The The general purpose of this ordinance:is to .set lbrthregulatory requirements for land development andjand,,,disturbm. g actiiiiieS aimed ai'Mj'himizing threats to public health, safety, public* private ttroperty and natural resources within the City from constructioni erosion and post-constriletion storm water runoff. Specific purposes are .. ,.. to establish perf"7,cestandards t..,h.,::w:: ' (1) etli 'afe and propertyfro ' kers associated with flooding; Protect public and 'Vateiproperty and the natural resources from damage resulting from runoff and construction site erosion; (3) Protect functionalvalues of all types of natural water bodies (e.g., rivers, streams, wetlands, lakeseasonal ponds); (4) Sustain liance biodiversity (native plant and animal habitat) and support riparian.ecosystems; (5) Protect water quality from nutrients, heavy metals, bacteria, pathogens, debris, thermal stress, and other urban pollutants; (6) Promote infiltration and groundwater recharge; (7) Regulate storm water runoff volumes and peak rates for land development and land disturbing activities; (8) Promote regional storm water management by watershed; (9) Provide a single, consistent set of performance standards that apply to all land development and land disturbing activities; 150.283 APPLICARIT ITY. (A) Storm Water Management (1) A Storm Water Management (SWM) Plan shall be reqij&fqr all proposed land development activity, unless otherwise exempted in,thiSor e, which meets any or all of the following: a) Any land development activity that creates new impervious surface that exceeds one acre, including smaller individual sites that areOart of a common. plan of development that may be constructed,at different times *d/or b) A subdivision consisting of 3 ,4-Ar,e;,lots; and/or c) Any land development activity, regardless of.siie;,,that the City determines is likely to cause an adverse impact to an,ibiimentally sensitive area or other .:„ property. (2) Exemptions: The following land 40*Ippment activities Fill be exempt from the Storm Water Management reqi#reineiii4if:this Ordinancea) Mining activities regulated bYipiapter 90 Otte City Code. b) Pubhctrail 6'6ii*p.etion and reOnstruction'projects. (B) Erosion and Sdinent Control 1 and•Se (ESC) Plan shall be required for all proposed and disturbing act: se exempted in this ordinance, which meets any or all -6tthe followtng Meets the permit requirements of an Excavation and Grading Permit per ction 1510.7 of the City Code; and/or b) dwell* permits; and/or c) A'AbdiviSion of any size; and/or d) InvOlvewthe laying, repairing, replacing, or enlarging of an underground utility, pipezer other facility, or the disturbance of road ditch, grass swale or other open channel for a distance of 500 feet or more; or e) Is a land disturbing activity, regardless of size, that the City determines is likely to cause an adverse impact to an environmentally sensitive area or other property, or may violate any other erosion and sediment control standard set forth in this ordinance (2) Exemptions: The following land disturbing activities will be exempt from the Erosion and Sediment Control Plan requirements of this Ordinance: a) Cemetery graves. b) Mining activities regulated by Chapter 90 of the City Code. c) Tilling, planting, or harvesting of agricultural, horticultural or silvicultural (forestry) crops. d) Emergency work necessary to protect life, limb, or property. e) City, county, state, or federal agency project whose plans and specifications meet the requirements of this Ordinance and are reviewed and approved by the City under a separate process. 150.284 DEFINITIONS (A) For the purposes of this ordinance, all terms, phrases, wOds;:and their derivatives shall have the meanings as stated in Chapter 11 of the City:code.': 150.285 INCORPORATION BY REFERENCE; (A) (A) The following are incorporated into this ordinance by reference (1) The Local Surface Water Management Pia (2) The City Engineenn '..Standards. (B) All storm water mitigation and managementteclmologies shall be consistent with the most current versions of the City En er„47:ig DesghStandards. 150.286 PLAN REVIEW PROW) (A) Plan Approval Required (1) Theapplicant shairia9t cornrnefiCe'-any construction activity subject to this ordinanceinitil plan'ila:oval has been authorized by the City and all Fees, Escrows anl:Seurities'Iaye'been paid and filed with the City. (B) PlanSubmittal (1) Tli,e'4pplicant niitist submit the required plans and documentation to fully address all Pieyisions oPthis ordinance and demonstrating confoiinance to the current versionS,:,i3f the City Engineering Design Standards. (C) Plan Review and Authorization (1) The City shall review the plan submittal for completeness and compliance with standards. If the City determines that the plan does not meet the requirements of this ordinance, the City shall notify the applicant that the submittal is incomplete and request changes or additional information. The plan(s) must be revised to correct the deficiencies and resubmitted for approval before the land disturbance activity begins. If the City determines that the storm water management plan and/or erosion and sediment control plan meet the requirements of this ordinance, the City shall issue a plan approval valid for a specified period of time that authorizes the land activity contingent on the implementation and completion of this plan. The 150.287 PE (D) (E) City may approve the plans subject to compliance to conditions reasonable and necessary to insure that the requirements in this ordinance are met. Construction Initiation and First Compliance Inspection (1) No work shall begin on a site until a preconstructioia meeting has been conducted (if required by the City as part of the plan approval). Once work is authorized to begin, the applicant or agent shall install all erosion and sediment control devices as required by the approved plan and shall inform the City that they are in place. The City will complete 8n initial site inspection to determine compliance with the plan and to authorize the land disturbance activity to begin. Adherence to the Approved Plans and Plan Modificationsk:4*' (1) Once approved by the City, the storm water managerde. Ian and/or erosion and sediment control plan must be followed throne, the duration of the land disturbance or land development activity. The:sapkoved plah*shall not be modified or altered without receiving written authorization from the CifY.,plan amendments will be required by the City whenever,; a) A change in design, construction, operation, }lance, weather, or seasonal conditions that has a significant effect '64i waters or undergroundwaters; or b) Inspections or investigatIOns,,indicate the plariSixenot effective in eliminating or significantly minimizi4llkaischarge or poll*tS"to surface waters or underground waters or thatAhe discharges are causing water quality degradation; or c) The plari„,i0a.o.t„.achieving the gerieral objec*-es of minimizing pollutants in stoma4atei&SCharges associated with construction acti-vity; or d) Theitilan is found to not be consistent with the terms and conditions of this (F) Varia4:6( .:equ.ests The City may -variance on a case -by -case basis. The content of a variance is specified m Section 1:14-.:;017,of the City Code. CEAND DESIGN STANDARDS (A) Storm Waferanagement Plan. (1) All Stornaleater Management Plans shall meet the performance and design standards -of this ordinance arid shail be consistent with National Pollution Discharge Elimination Permit (NPDES) requirements, the City Engineering Design Standards, and the filing or approval requirements of relevant Watershed Districts (Brown's Creek, South Washington, and/or Valley Branch), Washington County, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, U.S. Army Corps of Engineers, and other regulatory agencies. ischarge or pollutants to surface (2) Storm Water Criteria a) Storm Water Management Plans will be assessed for stormwater rate control, stormwater volume control and storm water quality management to reduce the impacts of the land activity by maintaining pre -development hydrological conditions in the following ways: i) Decrease runoffvolume. ii) Decrease erosion and sedimentation. iii) Decrease flow frequency, duration, and peak runoff rates. iv) Increase infiltration (groundwater recharge). v) Maintain existing flow patterns. vi) Reduce time to peak flows by increasing theiiin ofconcentration to and through drainage ways and storm sews. vii) Storage of storm water runoff viii)Avoid channel erosion. A.:. b) Rate Control Requirements . . _ i) The rate of storm waterAmo: discharging from a proposedsite shall not be greater than the rate of storm Water,runoff discharging prior to the proposed site alteration forilie2i, 10-, and 100-year storm events. Storm water best management practices to meet this requirement shall be designed and constructed in accordance with the most current version of the Ci0)-Eitkineering Design Wtandards. ' . The analyses for the -rate piSidini'#a.ter run' off shall be calculated using th&Soil ConservatiokSice TypeET time distribution for the 2-, 10, and f00.=year 24-hour .*)rm event. The rate of stoini water runoff pnor to the proposed d6Velopment shall be calculated at the pre - settlement condition as defified in the State of Minnesota Stormwater nuat'fb.i.*:`,131gAdow,','6bndition based on the applicable Hydrologic So1 Group(s)faiilieF,:development (see Table 1). For the purposes of e ana1ses, the Time of Concentration value for the pre -settlement ondition „be the same as the proposed condition. Volume Control Requirements ) Th.e*olume of storm water runoff discharging from a proposed site not be greater than the volume of storm water runoff discharging • prior to the proposed site alteration for the 2-, 10-, and 100-year storm events. Storm water best management practices to meet this requirement shall be designed and constructed in accordance with the most current version of -the City Engineering Design Standards. The analyses for the volume of storm water runoff shall be calculated using the Soil Conservation Service Type II time distribution for the 2- 10, and 100-year 24-hour storm events. The volume of storm water runoff prior to the proposed development shall be calculated at the pre - settlement condition as defined in the State of Minnesota Stormwater Manual for a "meadow" condition based on the applicable Hydrologic (B) Soil Group(s) for the development (see Table 1). For the purposes of the analyses, the Time of Concentration value for the pre -settlement condition shall be the same as the proposed condition. d) Table 1. Curve Number for Pre -Settlement Condition Hydrologic Soil Group Runoff Curve Number A 30 B 58 C 71 D 78 Drainage -Related Easements i) Drainage easements must be acquired on behaf 4,,,the City and legally recorded at the County for allf0eaanent storm Wiet:facilities to allow for proper access and maintenance activities. At a rifiiihinm, drainage easements shall meet theifollowing criteria: 1) Easements are required fpr:411 ponding areas to the basin's 100- year storm high water level elevation Easements ..are required for aif outlet swales and ditches, and for overlind'aVdilpw routes located::'downstream of basins located on'site. Easements are required for 411 storm sewer pipes, throughout entire lengtk For stoini•Sewer pipes installed less than ten eet in depth within: private property, the easement shall be a minimum of tweiityfeet wide. For storm sewer pipes installed c4t4,-;,han ten feet in depth within private property, the easerneittihagilie a minimum of thirty feet wide, or as determined by the City Engineer. aSeMeiiis are required for maintenance vehicle access to all storOwater facilities where not directly available on a public f a storm water management plan involves direction of some or all runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water. Erosion and Sediment Control Plan. (1) All Erosion and Sediment Control Plans shall meet the performance and design standards of this ordinance and shall be consistent with National Pollution Discharge Elimination Permit (NPDES) requirements, the City Engineering Design Standards, and the filing or approval requirements of relevant Watershed Districts (Brown's Creek, South Washington, and/or Valley Branch), Washington County, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and other regulatory agencies. (2) Erosion and Sediment Control Criteria a) Erosion and Sediment Control Plans will be assessed in the followingways: b) c) i) Pollution prevention by minimizing disturbance of natural soil cover and vegetation, and minimizing, in area and duration, exposed soil and unstable soil conditions. ii) Using sediment barriers to protect soil stockpiles, receiving water bodies, wetlands, storm sewer inlets, and adjacent properties from sediment deposition. iii) Minimize off -site sediment transport on trucks and equipment. iv) Minimize work in and adjacent to water bodies and wetlands. v) Maintain stable slopes. vi) Avoid steep slopes and the need for high cuts and fills vii)Miniraize disturbance to the surrounding soils, ro4;systems and trunks of trees adjacent to site activity that are intended to belleft standing. viii) Minimize the compaitiOn of site Soils. ix) Using and maintaining temporary andpe.rna. anent soil sOilization. x) Controlling site waste throughthelise of a designated concrete washout area., xi) Managing site Waste of all unused lyiiWg materials by properly disposed ofwastes offsite and not alloWi,site wastes to be carried by runoff into a receiving Channel or storm sewer system. All sites intistbe maintained ii',..Pi'event unreaSnOnable erosion and sedimeditation, ErostOn,control meas-ures must 8&,in place before any land disturbance activity begins*4 measures must remain:,Jriiilace arid functional until the site is anentitabrlize(1.14dequate'and timely temporary and permanent . thilization easures must* taken. Slieets shall be"Oeaned and swept within 24 hours whenever tracking of sedina'enicurs andinfore sites are left idle for weekends and holidays. All temporaiy erosionand sediment control measures, such as silt fence and inlet protection dices, shall be removed within 30 days after permanent stabilization is attained. All*rm sewer systems and drainage ways must be flushed and cleaned '-ofsediment4ccumulation and all accumulated sediments must be removed and properly cliposed. 150.288 STORM WATER FACILITY MAINTENANCE (A) Maintenance of Publically Owned Facilities. (1) The City shall perform maintenance of publicly owned storm water facilities within the City as provided for in the local surface water management plan and the City Storm Water Pollution Prevention Plan. (2) A final inspection shall be required before the City accepts ownership of the stormwater facilities. Before work under the plan is deemed complete, the applicant must submit as -built record drawings and a maintenance plan (3) demonstrating at the time of final stabilisation that the storm water facilities conform to design specifications. (B) Maintenance of Privately Owned Facilities. (1) A maintenance agreement in a form acceptable to the City must be executed and recorded with the County for all permanent Storm Water Facilities to be located on private property. The agreement shall provide a maintenance plan defining the party responsible to conduct maintenance, the type of maintenance and the maintenance intervals. 150.289 MONITORING AND INSPECTIONS (A) Monitoring and Inspection Requirements for Site Couelid (1) The Applicant is responsible for inspections.andrecord keepin accordance with the approved Plan requirements and NP?S'Iiermit requirements,The applicant must maintain a copy of the approved„StOini Water Management‘:;andErosion and Sediment Control Plans at the site 4.i6.44inaes incliiding all daily reCOWiequired by the plan(s). The applicant must monitorsite conditions and make any and all necessary repairs and corrections to the erosioircontrol measures to maintain site compliance. The applicanthas a duty to report4§0e City any illegal offsite discharges. Failure to make#ellort within 24 hours pf the discovery of the offsite discharge shall constitute a v101itiiiit;of this orditianC:,...:r (1) The City shalLeOnduct inspectiork0 a . s to ensure that both storin (B) City Inspections. water andefesion'and,sediment control measures are properly installed and maintaiir prior to 'construction, during construction, and at the completion of the project T1ieQty shall not be responsible for the direct or indirect consequences to the applicant*§tothirdi*Op,f94:ppii-compliant conditions undetected by RightaPiAry. The*Ssuance of an approved plan under this Ordinance constitutes a right of entrySor the- „VT its contractor to enter upon the construction site for the purpose cifOhtainingTinformation, examination of records, conducting ,.,..ii7stigations,*pectiOns or surveys, including the right to bring such equipment to perform suchl*itry eys and investigations. The City inspector may copy any bOO10,Tapers,,fecords, or memoranda pertaining to activities or records required to be kept;inider4he terms and conditions of this site, and may inspect the storm water pollutior4Ontrol and erosion control measures including any sampling and monitoring pertaining to the compliance requirements for the site. Construction shall not occur on the site at any time when theCity has identified conditions of non-compliance or a stop work order has been issued. (4) Construction activities undertaken by an applicant prior to resolution of all discrepancies specified by the City shall constitute a violation of this ordinance. (5) Whenever there is insufficient evidence of compliance with any of the provisions of this Ordinance or evidence that any material or construction does not conform to the requirements of the approved plans, the City may require tests as proof of compliance to be made at no expense to the City. Test methods shall be as specified by recognized test standards, or in the absence thereof, by the City. 150.290 ENFORCEMENT (A) Enforcement (1) The City shall be responsible for enforcing this ordinance. (B) Penalties (1) Any person, firm or corporation failing to comply with c;!,r?..iio,lating any of the provisions of this ordinance, shall be deemed guiltypramisdemeanor, and each day during which, any violation of any of the provisibikof this ordinance is committed, continued or permitted, shall constitute a separate offense. All land use and building permits shall be suspended untitthe'applicant:: '4,,corrected any and all violations. (C) (D) • 7, , Enforcement by Stop Work Order (1) Whenever a City inspector finds any violation ofthiSx?rdinance, thenhaspector will fill out an inspection foul" noting the observed violations and a Stop Work Order will be issued. g and shall be -;yet to the applicant or the (2) The Stop Work Order sh applicant's agent. (3) Upon issuanceof the Stop Workl citeork shall immediately cease. The Stop Work Order shall state the reason forthe order. (4) The aphlit must immediately begitl-c.orrective actions to remedy the violations. Once the violations iinve,been corrected the applicant must contact the City to schedule a re-inkiection: tit` ".''.•• 5) The appikaiitmay commence further activity at the site after a re -inspection is provided by*,1th thciiiolation are paid in full City and the City determines that the site is in compliance, and all fees associated (6) lithe applicant tails to correct the violations in a timely manner, the City may corr- edt.the cite&violatioas and draw down the escrow to cover the costs. Enforcement Actions to Ensure Compliance (1) The City can take the additional following actions in the event of a failure by applicant to meet the terms of this ordinance- i) Withhold inspections or issuance of certificates or approvals. ii) Revoke any permit issued by the City to the applicant. iii) Conduct remedial or corrective action on the development site or adjacent site affected by the failure. iv) Recover from applicant all costs associated with correcting the failure or remediating damage from the failure, by drawing down any escrow funds. If the costs exceed the escrow funds the City may invoice the applicant with payment due immediately. All payments by applicant must be made prior to resuming work on the site. v) Bring other actions against the applicant to recover costs of remediation or meeting the terms of this ordinance. 150.291 FINANCIAL SECURITIES (A) Financial Securities (1) The applicant shall provide security for the performance of the work in the amount established in the City's fee schedule, and in a form acceptable to the City. (B) Action Against the Financial Security (1) The City may access the financial security to conduct workInecessary to correct any - violations in a timely manner and in accordance with the provisions of this ordinance. The City shall use the securitib'finunce remedial work undertaken by the City, or a private contractor under*tract to the City inclucliiika fee to the City for processing equal to 10% offstlie'"-,-,any contractor(s) invoice fbizini.`:laterials and services, to reimburse the City for all cdStSinctirre4in the process oflemr edial work including, but not limited to, staff tinie*gineering fees and attorney' s fees. (C) Maintenance of Financial Security (1) If at any time the Financial SeCiii*#drawn upon, Iliapplicant will be required to submit additional security iOrestOr"Oie,.:security to The full amount as originally established. Restoring the full security a"reiiiiirement prior to resuming work on 0. the site. 150.292 STORM FR UTILITY (A) Please refer to 53 150 293 LAWN tERTAAZER REGULATIONS (A) No -person shall apply fertilizer to or deposit grass clippings, leaves, or other vegetative Materials on impervious surfaces, or within storm water drainage systems, natural draircage;ways, or vOthin wetland buffer areas. 150.294 OTHER CONTROLS (A) In the event of any conflict between the provisions of this ordinance and the provisions of any other city ordinance adopted by the city council, the more restrictive standard prevails. 150.295 SEVERABILITY (A) The provisions of this ordinance are severable. If any provision of this ordinance or the application of any provision of this ordinance to any circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance, which can be given effect without the invalid provision or application. 150.296 AUTHORITY (A) This article shall become effective upon its passage and publication in accordance with the law. Section 2. Adoption Date This ordinance shall become effective immediately upon adoption andPubTication in the official newspaper of the City of Lake Elmo. , This Ordinance No. 08-016 was adopted on this 16th day ofJine 2009, by a vote of Ayes and '-„ Nays. ATTEST: Craig Dawson Interim City Adminisizato This Ordinance No,..-7084016 was ''''itiolished on the aypr Dean Johnston day of , 2009. CITY OF LAKE ELMO RESOLUTION NO. 2009-029 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-016 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-016, an ordinance to update the storm water and erosion and sediment control ordinance; 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. 08-016 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. 08-016. In compliance with the Clean Water Act, the Minnesota Pollution Control Agency (MPCA) has issued a permit to the City of Lake Elmo establishing the conditions for discharging storm water to the waters of the state under the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Permit Program. One of the conditions of this permit requires that a storm water and erosion and sediment control ordinance be implemented by the City of Lake Elmo. To ensure compliance to the NPDES/SDS Permit the City has adopted Ordinance No. 08-016 in compliance with this requirement. The Lake Elmo Code of Ordinances currently references storm water and erosion and sediment control requirements in various sections. Several sections were determined to be outdated and have been updated with more recent storm water technology. The ordinance has also been revised to reference compliance with the City Engineering Design Standards. The erosion and sediment control requirements are currently unspecific and not applicable to all relevant construction activities. The updated ordinance will require specific plan requirements to ensure the city is minimizing impacts from all significant construction activities. It also clearly defines the enforcement process to ensure these controls are adequately maintained and functioning as intended. Additionally, these requirements have now been consolidated into one location to allow for easier reference and enforcement. The updates formalize the application, plan review procedures, standards, inspection, maintenance, financial procedures and enforcement that have been implemented by the City. The updates to the Lake Elmo Code of Ordinances will meet the storm water and erosion and sediment control ordinance requirement of the NPDES/SDS Permit. The content has been drafted to be consistent and enforceable by City Code. The full text of Ordinance No. 08-016 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 his 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: Craig W. Dawson Interim 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 2ainst same: Whereupon said resolution was declared duly passed and adopted. City Council Date: 6-16-09 REGULAR Item: MOTION ITEM: Appoint applicants to existing vacancies on the parks and planning commissions SUBMITTED BY: Sharon Lumby, City Clerk SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider appointment to the Parks Commission and Planning Commission, and/or continue to advertise for these appointments. Parks Commission: Marty Dobbs, 4240 Ivy Court N., has applied and interviewed for membership on the Parks Commission. There will be two vacancies if Mr. Dobbs is appointed to the commission. Staff will continue to advertise to fill the vacancies. Plannina Commission: With Todd Ptacek's resignation, there is one vacancy on the Planning Commission. Todd Williams and Larry Green's applications are on file. These applicants have been interviewed. Tom Bidon, First Alternate, will be moved up to finish Todd Ptacek's term which expires on December 31, 2011 and Steve Britz will be moved to the First Alternate position, Council should consider appointing one of these applicants, or continue to seek applicants by advertizing in the newsletter, cable, and website.. City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 651.777.5510 FAX: 777.9615 AFFIXATION FOR PARK COMMISSION APPOINTMENTS CITY OF LAKE ELMO Date: May_/ 18 / 2009_ Name: _Marty Dobbs Address: _4240 Jvy Ct. o h Phone Number W) 11)_651 779 9243 E-mail address: MartvdobbsZcOmpfrcast.net How long have you Iived in Lake Ebno:_18 Years_ I. Why are you interested in serving on the Lake Elmo Park Commission? What personal interests and expertise will you bring? I thought it would be good to get involved a little bit in the Comnumity. I am more interested in the Outdoors than the indoors. My expertise is really in IT but I have a general interest in the environment and an open mind. 2. How will those skills and interests be of service to the development and management of the City's parks, trails and natural areas? I am not yet certain how my skills will help and would be willing to remain as a interested resident if my skills cannot be used as a board member. 3. What do you see as the role and function of the Park Commission? How does this relate to the roles and responsibility of the City Council in park matters? The Park board should be interested in the parks system at a more detailed level both ecologically and for the use of the residents. The City council should count on proper representation of the people and the respect for the environment from the Park board members. 4. What value do parks and trails have to our citizens? What role or function do they provide? They provide places to use energy as in sports, relax and enjoy nature and also as a residence for the creatures around us so we can view and enjoy them also. City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 651.777.5510 Fax 777.9615 R ctivED SEP - kuiJ3 APPLICATION FOR PLANNING COMMISSION APPOINTMENTS Date: Name: Address: Phone Numbers: September 8, 2008 Larry Green 11686 58th Street N, Lake Elmo, MN 55042 (W) (651) 430-0030; (H) (651) 430-0030 What do you consider to be the major planning and development issues confronting the City of Lake Elmo? Response #1. Preserving and enhancing the rural character of Lake Elmo. Wherever in conflict, balancing the best interests of Lake Elmo's residents with the developmental mandates of the Metropolitan Council. Maintaining the integrity of the Old Village and the rights of those who live between 10th Street N and 1-94 as Lake Elmo's population grows. 2. What do you see as the role and function of the Planning Commission? Response #2. Assisting the City Council with respect to the challenges presented by long and short range development plans and pending and proposed projects, and making recommendations regarding specific concerns raised by property owners. 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? Response #3. 25 years of practicing law (in Minnesota, Oregon and California), with primary emphasis on real estate acquisition, sale and ownership. Among my clients are several real estate developers for whom I have negotiated real estate transactions valued at more than $150,000,000. In working with them and others, I have gained a practical understanding of the competing interests of environmental concerns, lenders, governmental agencies, landowners, real estate developers and the community as a whole. 4. How much time do you have, or are you willing to devote to Planning Commission activities? Response #4. That is which is necessary to do the job correctly. 5 What property or development interest, either direct or indirect, do you have within Lake Elmo? Response #5. Family ownership of one single-family residence. Nothing else. Please complete and return to the City Office City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 651.777.5510 Fax 777.9615 APPLICATION FOR PLANNING COMMISSION APPOINTMENTS Date: Name Address 3 92.4- Phone Number W) • 0.: H)`,ihs)-777-09*(0, CEF What do you consider to be the major planning and development issues confronting the City o Lake Elmo? 4-s7k,,Nr• 014V) 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 J\Art4 OrYiPc o :7-cas /0-(7 4. How muchdo you have, or are you willing to devote to Plan= or development interes 44444,,Aq uU ct. do ou have within Lake Elmo? Please complete and return to the City Office City Council Date: REGULAR Item: Motion ITEM: Approval of Participants on Policy Committees of Metro Cities SUBMITTED BY: Craig W. Dawson, Interim City Administrator June 16, 2009 SUMMARY AND ACTION REQUESTED: A few meetings ago, Mayor Johnston reported that participants on policy committees of Metro Cities is open broadly to anyone that a member city will allow to serve. While it is common for councilmembers and staff to participate by signing up for a committee voluntarily, the Council also wanted to give interested residents an opportunity to participate. For persons who are not members of the Council or staff, Metro Cities would like to have the Council approve their participation. As the policy committees start to meet the week of July 13, it is timely for Council to approve residents as participants. The following sign-ups were submitted: Residents Jennifer Pelletier, for the Housing and Economic Development Committee City Officials Dean Johnston, for the Metropolitan Agencies Committee and the Housing & Economic Development Committee Craig Dawson, for the Municipal Revenue and Taxation Committee A City may have up to two representatives serving on a single policy committee. If approved, the City would have two representatives on the Housing and Economic Development Committee, RECOMMENDATION: It is recommended that the Council approve Jennifer Pelletier's participation for the City of Lake Elmo on the Housing and Economic Development policy committee of Metro Cities for 2009_ SUGGESTED MOTION FOR CONSIDERATION: Move to approve Jennifer Pelletier's participation for the City of Lake Elmo on the Housing and Economic Development policy committee of Metro Cities for 2009. ORDER OF BUSINESS: • Introduction Craig Dawson • Report by staff Craig Dawson • Questions from City Council members to the presenter Mayor facilitates • Questions/comments from the public to the City Council Mayor facilitates • Action on motion City Council City Council Date: REGULAR Item: Motion ITEM: Roseville Accounting Services SUBMITTED BY: Craig W. Dawson, Interim City Administrator SUMMARY AND ACTION REQUESTED: Cnuncilmembers Smith and DeLapp have requested that this item be placed on the agenda for tonight's meeting. BACKGROUND: C)nMay 19.the City Council requested that staff prepare areport and recommendation to beconsidered edthe June 2City Council meeting. UnJune 2`the Council discussed this matter and continued itindefinitely. * Staff memorandum & attachments for June 2.2OUQ.City Council. meeting ORDER OFBUSINESS: • Introduction Craig Dawson • Report bystaff orother presenter Craig Dawson Tom Bouthi|et Counoi/members • Questions from City Council members tothe presenter Mayor facilitates • Question o/ournmenbsfrom the public tothe City Council Mayor facilitates • Action onmotion City Council City Council Date: 00/02/09 REGULAR Item: ITEM- Roseville Accounting Services SUBMITTED BY: Tom Bouthilet, Finance Director REVIEWED BY: Craig Dawson, Interim City Administrator SUMMARY AND ACTION REQUESTED: The City — Cou asked'to re-evaluate |uatethe accounting service agreement with the City ofRoseville, consider terminating the contract and authorizing the addition of a part-timeposition to perform these duties. BACKGROUND: In February of 2008, the Finance Department was reorganized which included theeUminationofafull-Unneacoountingpooition.|nonderbbacoomnnodetonorneofthqoeduties. Staff recommended contracting accounting services bzthe City ofRoseville. During the Juk/15. 2OO8CUxCouncil nleeting.The (�ib/approved mnAgreenmentfor /�:ooun�ngSen�cwmVv|ththe City ufRoseville through end of2DO8with the understanding that the efficiencies and value of contracUngfor this service would beevaluated aapart ofthe 2OO9 budgeting process. The City budgeted $1D.00Ofrom the General Fund and $1O.DOOfrom the Enterprise Fund in2OO9for this service. All accountirigservices performed are charged on an hourly basis ranging from $50.00- $ 80.00/Hr. ADDITIONAL INFORMATION: Due to the limited time between the start of the agreement and the completion ofthe Budget, the City did not have the opportunity hnevaluate the efficiencies and value of this service. Sufficient time has now past to review this service and have come to some basic conclusions. 1) Material Delkxan/The then City Administrator lived in the vicinity of Roseville which facilitated delivery and pick-up of documents and eliminated carrier expenses. The Administrator has since left the City resulting in additional time, travel and expense associated with delivery. 2>8ohmdu|e Roseville's staffing schedule and associated deadlines can cause delay in timely payments resulting in potential late fees or additional time to dispute late fees with the vendor. 3)Overall Effioiencv Efficiencies or savings of time have not materialized and have not been as � exp�ed.Consideqab|etinneianaquiredbzpnapanoinvoicesandmatehalssoUlmtRooevU)eis able to process them with accuracy and efficiency. This is actually an inefficient process as additional preparation time is necessary on things that City Staff is already familiar with. There is also addifional Staff time required due to increased vendor inquiries regarding payments, 4) Flexibility Finance has been limited to responding to special or last minute requests by City Staff, 5) The Auditors have reduced or eliminated the "segregation of duties" clause in the 2008 Audit. It is anticipated that the addition of a part-time accounting position will maintain this status. RECOMMENDATION: Since the start of the Agreement the City has paid $8419 or a monthly average of $ 1403.The expenditure covers services for Accounts Payable and Payroll only and does not cover other services such as Utility Billing called for in the agreement. Staff recommends termination of the Roseville Accounting Services Agreement and hiring a part-time accounting clerk, at a suggested rate of pay up to $20.00 per hour without health, vacation and other City benefits. This rate of pay including taxes etc. $22.90 per hour for maximum average of 18 hrs per week = $412.20 or an annual cost would be $20,610. Roseville's agreement requires a 30-day notice of termination. City staff suggests that we begin search of the accounting clerk with a hire date that coincides with actual termination date of services. MOTION FOR CONSIDERATION: Move to approve terrnination of Agreement for Accounting Services with the City of Roseville and hire part-time Accounting Clerk at a maximum annual wage of $18,720.00 ATTACHMENT: Minutes from Council Meeting dated July 15, 2008 Agreement for Accounting Services with the City of Roseville MOTION: Council Member Smith moved to extend the City Council meeting 15 minutes. Council Member Johnson seconded the motion. The motion passed unanimously, Consider an -Droving contracting for routine account nrocessine services Susan Hoyt, City Administrator, asked the City Council to enter into an agreement with the city of Roseville for routine account processing services for: accounts payable, payroll, utility billing, reconciliation of accounts, routine monthly and quarterly financial reports and data input into the budget to be charged on anhourly basis. MOTION: Council Member Johnson moved to authorize into an agreement with the city of Roseville for accounting processing services for an estimated $10,000 to be funded through the general fund and utility funds through the end of 2008 with the intent to evaluate the efficiencies and value of contracting for this service as part of the city' s 2009 budgeting process. Council Member Smith seconded the motion. The motion passed unanimously. Review the timeline for the 2009 Budeet Process, Susan Hoyt, City Administrator, provided a timeline for the 2009 budget process. Finance manager, Joe Rigdon, of KDV will lead the city staff and City Council on the budget initiative. REPORT AND ANNOUNC S: Mayor Johnston attended the monthly meeting of the Regional Council of Mayors. One of the groups there is working on best practices recommendations to aid cities in using the principles of "Green Development." The best practices should be available in the next few months. The Mayor adjourned the meeting at 8:50 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution no. 2008-032 approve claims Resolution no. 2008-033 Accept developer -installed public infrastructure provements for the H.O.A. 2nd Addition (Eagle Point Circle) Development LAKE ELMO COTJNC JULY 15, 2008 4 City of Lake Elmo Agreement for Accounting Services with the City of Roseville The agreement for accounting services between the city of Lake Elmo and fhe city of Roseville for accounting services to include: • Accounts payable (twice monthly) • Payroll (twice monthly for regular employees, once monthly for firefighters) o Answer payroll related questions from.the city of Lake Elmo employees. • Utility billing for water, sewer and surface water (quarterly for water and sewer and annually for surface water) • Managing the updates to the utility billing data base • Month end reconciliations • Monthly revenue and expenditure reports to the city administrator • Quarterly revenue and expenditure summary reports for the city administrator to • distribute to the city council ▪ Input into the budget document (as needed from August through December) • Recommendations on financial accounting software and efficiency improvements in the financial accounting systems( as needed) including the chart of accounts and report formats The city of Lake Elmo will: • provide the equired information to the accountant to process these tasks and update the systems in a timely way so the accounts can be processed on schedule. • provide accurately coded accounts payable • provide data to update the utility billing accounts • provide access to the city of Lake Elmo's accounting systems on an on -going basis so there is no delay • answer calls and questions related to accounts payable and utility billing • provide the budget document format and the budget information to be input into the budget document • provide work space, a computer, a copier, and other routine office supplies at the city of Lake Elmo, when required to provide these services by the city of Roseville staff • provide access to the city administrator and finance tearn in a timely fashion to answer questions and give direction as needed The city of Roseville, will charge an hourly rate as identified in Appendix 1. Appendix 1 is annually subject to change based upon o change in costs for providing this service by the city of Roseville that is mutually agreed upon by the two parties. Additional charges may include: 1) travel time, 2) copies, 3) postage, 4) oth miscellaneous out of pocket expenses that the city of Lake Elmo would typic cover as part of these processes. Payment will be made monthly. Draft 7-11-08 City of Lake Elmo Agreement for Accounting Services with the City of Roseville The accounting work will be assigned to accounting personnel by the city of Rosevillen consultation with the city of Lake Elmo administrator and finance team. The city of Roseville is responsible for the quality and accuracy of work performed through this contract. Al! personnel providing this service from the city of Roseville are city of Ros employees and are not employees of the city of Lake Elmo. The city of Roseville is not responsible for errors and omissions that the city of Lake Elmo makes in providing information or in its accounting software. The city of Roseville is not responsible for policies related to the payments, payroth and charges made by the city of Lake Elmo. City of Lake Elmo fed by either party with a 30 day written notice. City of Roseville Draft 7-11-08 City of Lake Elmo Agreement for Accounting Services with the City of Roseville APPENDIX 1 Assistant Finance Director Services $80/hour Accountant $50/hour Mileage rate as required Draft 7-11-08