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HomeMy WebLinkAboutJuly 21, 2009 council packet / 1 City of Lake Elmo / 3800 Laverne Avenue North Lake Elmo,Minnesota July 21,2009 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 July 7, 2009 City Council minutes H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. I, CONSENT AGENDA: (Items are placed on the consent agenda by city staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request,) 2. Approve payment of disbursements and payroll 3. Agreement with MPCA for Watermain Installation along Highway 5 .I. REGULAR AGENDA: 4. Yellow Ribbon Network of Washington County— Senator Saltzman 5. Purchase of projection equipment for council chamber 6. Sign Code Ordinance An ordinance repealing existing sign code regulations and adopting new regulations to govern.signs in all zoning districts 7. Accounting services 8. DeMontreville Trail—Discussion on trail options as part of the Washington i County Reconstruction and Tumback Project 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. Adj ourn City of Lake Elmo City Council Minutes July 7, 2009 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons and Park (arrived at 7:04 p.m.) Absent: Council Member Smith Also present: Interim City Administrator Dawson,Planning Director Klatt, City Engineer Griffin, Joe Rigdon, KDV, City Attorney Snyder, Fins Director Bouthilet, Joe Rigdon, KDV and City Clerk Lumby. =e .. g _ g::- APPROVAL OF AGENDA: ::. MOTION., Council Member DeLapp moved to approve the ly 7, 2001xs amended (reverse items 8 & 9). Council Member Emmons'le ondedd he motion. The motion passed 3-0. ORDER OF BUSINESS: GROUND RULES: =MW' Mayor Johnston shared in:[Q tion f l e L gue of Minnesota Cities Annual Conference regarding the iiiian of obse ng ground rules during the City Council meetings.APPROVED MUTES: : =, The June 16,2009(N y.Count minutes were approved by consensus. PUBLIC COMMENTS/INCQUIRIES: Jim Blackford, 9765 45th Street N asked the City to consider changing a street name, Julep Avenue to 45th Street N., (Intersection of 451h Street to Julep Avenue (approx. 200 yards). David Moore, 8680 Stillwater Boulevard, asked the City provide information regarding the naming of Raleigh Creek which he stated was formerly named Eagle Point Creek, MOTION.- Council Member Park moved to approve the Consent agenda items 2, 3 and 4, as presented. Mayor Johnston seconded the motion. The motion passed 4-0. LAKE ELMO CITY COUNCIL MINUTES JULY 7,2009 1 • Approve payment of disbursements and payroll in the amount of$226,333.79 • Authorize purchase of swing set,play zone borders and ADA resilient fiber surfacing not to exceed the amount of$14,399.96 •: Authorize purchase of the Asphalt Planer from Tri-State Bobcat for the amount of $12,258.36 (plus tax) Approve Resolution No. 2009-032 accepting the developer-installed public infrastructure -- _._ __ t improvements for the Discover Crossing Development Jack Griffin, City Engineer, reported the developer-installed 'improvements for the Discover Crossing Development has been fully completed in all respects, The public improvements, except for the streets,have been in place for a minimum of 2 years and no defective work remains. The streets were completed in November,,2008; therefore a Warranty bond in the amount of$194,000 to expire on Novemb-50, 2010, has been received to guarantee the street improvements for a period ofo years, In a response to a question, the City Attorney related that if the improveT e u 17ateen completed per City specifications. Craig Dawson noted that the City staff is worlcin ra i strengf ening the' ty's requirements in the City development agreements ML. q m MOTION: Council Member Park moved rove Rlion No. 2009-032, accepting , :�� the developer-installed public infrastructure trrt �amen;V. the Discover Crossing Development, Council Member DeLapp second I tion. The motion passed 4-0. .�, _ REGULAR AGENDA: _ a: 2008 Annual Financial Repoid 'p Steve McDonald,MAbdo, ys,presented the 2008 Annual Financial Audit Report and had4 significanti ceras with the City's accounting practices or the accuracy of its fir1_cial record: McDonald pointed out that the Council may want to take a closer look af� lety ratewhich at their current level are not able to cover the cost of operating the City's at and sewer systems. While there is enough money in the respective funds to'operatc'at a deficit for a few years, adopting a long term plan could eliminate the need for dramatic rate increases later. MOTION: Council Member Park moved to accept the 2008 Audited Financial Report. Mayor Johnston seconded the motion. The motion passed 4-0. Request Council direction on buffer setback in Open„Space Preservation developments Kyle.Klatt, Planning Director, asked for direction to staff on how to proceed with possible changes to the buffer setback in the ordinance which applies to all Open Space Preservation (OP) developments. He explained many houses and accessory structures in existing OP developments are nonconforming to this requirement and many vacant lots in LAKE ELMO CITY COUNCIL MINUTES JULY 7, 2009 2 newer platted developments are essentially unbuildable when applying this setback. Not taking action would result in continued variance requests being made on lots in OP developments. MOTION: Council Member DeLapp moved to direct the Planning Commission to review the Open Space Preservation development ordnance with regards to buffer setbacks in order to address both existing non-conformities and future developments on a City wide basis:and to look more in depth at options 3 and 4 provided by staff. Council Member Park seconded the motion. The motion passed 4-0. Consideration of reduced buffer setback for Tana Ridge and Parkview Estates: Resolution No. 2009-033 Kyle Klatt,Planning Director,reported the City Council is being asked to consider Resolution No. 2009-031 which would establish a lesser buffer='etback for the Tana Ridge and Parkview Estates developments. Klatt provided e'l��i" it with a map of Tana Ridge,which is 660 feet wide and borders two r v., cels, Mgt open space from another housing development. An interpretation of......, foot set a rrequired would limit the neighborhoods buildable areas to a 260-,,, stripy 4and in itZ nter. Maps were provided of other OP developments approveth % ae last ten years; Farms of Lake Elmo Parkview Estates and St. Croix's Sanct All had several structures inside the 200-foot buffer zone. If the setbackgplied to Lure permit applications,it _p would render 14 of Sanctuary's 38 vacant�ll�#s"ui�r1i>>ldable ` -fix r_=:�.. �= ►� Council Member DeLapp said it #raver# ouncil s intent to retroactively apply r, new standards to previously 4�;�rove47 velop tints. za =B MOTION.• Council Member'Skum movMo approve Resolution No. 2009-033 reducingthe 200- oo r sel$ k in Tana Ridge and Parkview Estates developments f __....� g p from 200 feet to 5tm' ringgdditional reduction to 20 feet for one lot in .�.. Parkview Estate 'Council Nl per Lapp seconded the motion. The motion passed 4- .r 0. w Appeal hearing, on den uilding_permit application for an in-ground pool structure due to encroachment in Z.OW1buffer setback at 4884 Lily Avenue; Joe Pelletier,Resolution No. 2009-030 Joe Pelletier withdrew his appeal of the City's building permit decision which was made moot by the setback requirements in Resolution No. 2009-033. Accept 2009 Street Improvement Project Rids and award Contract; Resolution No. 2009- 031 Ryan Stempski, TKDA Project Manager, provided a letter of recommendation to award the 2009 Street Improvements contract to the lowest responsible bidder, Tower Asphalt for its base bid of$417,811.50, LAKE ELMO CITY COUNCIL MINUTES JULY 7, 2009 3 MOTION: Council Member Park moved to adopt Resolution No, 2009-031 accepting bids land awarding a contract for the 2009 Street Improvements to Tower Asphalt for its base bid of$417,811,50, Council Member DeLapp seconded the motion. The motion passed 4-0. Grant Application for Fire Station stimulus funding Fire Chief Malmquist reported through the American Recovery Reinvestment Act, the Department of Homeland Security is distributing $210 million in grants for fire stations across the county. Chief Malmquist didn't know whether Lake Elmo would be able to secure the grant, but added that officials administering the appropriations would be more willing to award a grant if the City would commit funds to the grit eligible items in the project. He believed building a new main station on land loca�� down in the southern end of the City would require a 15,000-20,000 sq.ft. statid Iffy -l#ce the downtown station at an estimated construction cost of$2.25-$4 w#3on, and 'ditional items not grant;eligible would need to be paid by the City. m � - The Council discussed its concerns of committinj°���,C to any significant expenditures in coming years. MOTION.' Council Member Park moved ize submit an application for a $2 million grant to the Department of HomWQnd r , 's Assistance to Firefighters Fire Station Construction Gran,-- or Jol on seconded the motion. The motion passed 3-1 (Council Member Lapp,'--ping 6&nst}. emm MOTION: Council MembeNPI ved toiend the motion to request a grant for $4.0 million for constructiq, farRw�.tation. Council Member DeLapp seconded the motion. The motion passed�=�7 The meeting was-1 ourned at-' ;45 p.m. Respectfully submitted by Sharon Lumby, City Cleric LAKE ELMO CITY COUNCIL MINUTES JULY 7, 2009 4 City Council 7121/2009 CONSENT Item: 2 ITEM: Approve disbursements in the amount of $ 224,378.10 SUBMITTED BY: Tom Bouthilet, Finance Director Claim# Amount Description ACH $ 8,045.09 Payroll Taxes to IRS 07/16/09 ACH $ 1,220.22 Payroll Taxes to Mn Dept.of Revenue 07/16/09 DD2270 - DD2307 $ 21,832.74 Payroll Dated 07/16/2009 (Direct Deposit) 34431 - 34444 $ 11,094.75 Payroll Dated 07/16/2009 (Payroll) 34445 - 34490 $ 182,185.30 Accounts Payable Dated 07/21/2009 Total: $ 224,378.10 SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements in the total amount of $224,378.10 Accounts Payable Checks for Approval User:Administrator Printed:07/15/2009- 12:06 PM Check Number Check Date Fund Name Account Name Vendor Name Amount 34445 07/21/2009 General Fund Accounting Services Abdo Eick&Meyers 510.00 Check Total: 510.00 34446 07/21/2009 General Fund Landscaping Materials Ace Hardware,Inc 26.71 Check Total: 26.71 34447 07/21/2009 General Fund Miscellaneous American Flagpole&Flag 462.77 Check Total: 462.77 34448 07/21/2009 General Fund Repairs/Maint Bldg Aramark,Inc. 36.86 34448 07/21/2009 General Fund Uniforms Aramark,Inc. 36.26 34448 07/21/2009 General Fund Repairs/Maint Contractual Bldg Aramark,Inc. 74.40 34448 07/21/2009 General Fund Uniforms Aramark,Inc, 36.26 Check Total: 183.78 34449 07/21/2009 Water RepairslMaint Imp Not Bldgs Automatic Systems Co. 13,178.21 Check Total: 13,178.21 34450 07/21/2009 General Fund Rentals-Buildings Biffs Inc. 61.27 34450 07/21/2009 General Fund Rentals-Buildings Biffs Inc. 122.54 34450 07/21/2009 General Fund Rentals-BuiIdings Biffs Inc. 61.27 34450 07/21/2009 General Fund Rentals-Buildings Biffs Inc. 6127 34450 07/21/2009 General Fund Rentals-Buildings Biffs Inc. 61.27 34450 07/21/2009 General Fund Rentals-Buildings Biffs Inc. 61.27 34450 07/21/2009 General Fund Rentals-Buildings Biffs Inc. 61.27 34450 07/21/2009 General Fund Rentals-Buildings Biffs Inc. 61.27 34450 07/21/2009 General Fund Rentals-Buildings Biffs Inc. 61.27 AP-Checks for Approval(07/15/2009-12:06 PM) Page 1 Check Number Check Date Fund Name Account Name Vendor Name Amount 34450 07/21/2009 General Fund Rentals-Buildings Biffs Inc. 81.27 Check Total: 693.97 34451 07/21/2009 Village Contract Services Bonestroo,Inc 613.42 Check Total: 613.42 34452 07/21/2009 Water Utility System Maintenance City of Bloomington 60.00 Check Total: 60.00 34453 07/21/2009 Water Water Utility City of Oakdale 17,219.95 Check Total: 17,219.95 34454 07/21/2009 General Fund Information Technology/Web City of Roseville I,551.58 34454 07/21/2009 General Fund Contract Services City of Roseville 687.50 Check Total: 2,239.08 34455 07/21/2009 General Fund Miscellaneous COMCAST 7.90 Check Total: 7.90 34456 07/21/2009 General Fund Telephone CP Telecom,Corp 525.76 34456 07/21/2009 General Fund Telephone CP Telecom,Corp 444.27 Check Total: 970.03 34457 07/21/2009 General Fund Mileage Craig Dawson 15.40 34457 07/21/2009 General Fund Conferences&Training Craig Dawson 22.00 Check Total: 37.40 34458 07/21/2009 General Fund Surcharge Payments DEPT of LABOR&INDUSTRY 2,297,40 Check Total: 2,297.40 34459 07/21/2009 General Fund Legal Services Eckberg Lamers Briggs Wolff 6,801.50 AP-Checks for Approval(07/15/2009-12:06 PM) Page 2 Check Number Check Bate Fund Name Account Naive Vendor.Name Amount Check Total: 6,801.50 34460 07/21/2009 General Fund Repairs/Maint Eqpt Emergency Automotive 55.75 Check Total: 55.75 34461 07/2I12009 General Fund Shop Materials Fastenal 29.76 34461 07/21/2009 General Fund Shop Materials Fastenal 11.63 Check Total: 41.39 34462 07/21/2009 General Fund Small Tools&Minor Equipment HSBC Business Solutions &85 Check Total: 8.85 34463 07/21/2009 General Fund Repairs/Maint Eqpt Interstate All Battery Ctr 42.55 Check Total: 42.55 34464 07/21/2009 General Fund Equipment Parts L.T.G.Power Equipment 189.03 34464 07/21/2009 General Fund Equipment Parts L.T.G.Power Equipment 40.37 34464 07/21/2009 General Fund Equipment Parts L.T.G.Power Equipment 50.92 34464 07/21/2009 General Fund Equipment Parts L.T.G.Power Equipment -16.50 34464 07/21/2009 General Fund Equipment Parts L.T.G.Power Equipment 42.04 Check Total: 305.86 34465 07/21/2009 General Fund- Fuel,Oil and Fluids Lake Elmo Oil,Inc. 664.13 34465 07/21/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 33.80 34465 07/21/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 57.00 34465 07/21/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 38.00 34465 07/21/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 20.15 34465 07/21/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 38.00 34465 07/21/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 8.00 34465 07/21/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 57.26 34465 07/21/2009 General Fund Fuel,Oil and FIuids Lake Elmo Oil,Inc. 37.75 34465 07/21/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 37.01 34465 07/21/2009 General Fund Miscellaneous Lake Elmo Oil,Inc. 3.38 34465 07/21/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 25.01 34465 07/21/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 37.00 34465 07/21/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 33.77 34465 07/21/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 15.00 AP-Checks for Approval(07/15/2009-12:06 PM} Page 3 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 1,105.26 34466 07/21/2009 General Fund Repairs/Maint Contractual Eqpt Loffler Companies,Inc. 114.15 34466 07/21/2009 General Fund Use Tax Payable Loffler Companies,Inc. -7.34 Check Total: 106.81 34467 07/21/2009 General Fund Refuse Maroney's Sanitation,Inc 103.66 34467 07/21/2009 General Fund Refuse Maroney's Sanitation,Inc 45.62 34467 07/21/2009 General Fund Refuse Maroney's Sanitation,Inc 103.66 34467 07/21/2009 General Fund Refuse Maroney's Sanitation,Inc 198.87 Check Total: 451.81 34468 07/21/2009 General Fund Contract Services McCombs Frank Roos Assoc Inc. 1,925.80 34468 07/21/2009 General Fund Engineering McCombs Frank Roos Assoc Inc. 944.10 Check Total: 2,869.90 34469 07/21/2009 General Fund Miscellaneous Menards-Oakdale 19.05 34469 07/21/2009 General Fund Repairs/Maint Imp Not Bldgs Menards-Oakdale 17.09 34469 07/21/2009 General Fund Repairs/Maint Imp Not Bldgs Menards-Oakdale 32.39 Check Total: 68.53 34470 07/21/2009 Sewer Sewer Utility-Met Council Metropolitan Council 1,068.66 Check Total: 1,068.66 34471 07/21/2009 General Fund Contract Services Miller Excavating,Inc. 585.00 Check Total: 585.00 34472 07/21/2009 General Fund Books MnFIAM 95.85 Check Total: 95.85 34473 07/21/2009 CDBG Contract Services-CDBG Molly Krakowski Consulting 5,248.75 Check Total: 5,248.75 34474 07/21/2009 General Fund Legal Publishing Lillie Suburban Newspapers Inc. 83.93 AP-Checks for Approval(07/15/2009-12:06 PM) Page 4 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 83.93 34475 07/21/2009 2004 GO CIP Bond Bond Interest Northland Trust Services,Inc. 69,826.25 Check Total: 69,826.25 34476 07/21/2009 General Fund Contract Services Gopher State One-Call One Call Concept 430.75 Check Total: 430.75 34477 07/21/2009 General Fund Cable Operations Steven Press 62.93 34477 07/21/2009 General Fund Use Tax Payable Steven Press -4.05 Check Total: 58.88 34478 07/21/2009 General Fund Miscellaneous Quicksilver 52.06 Check Total: 52.06 34479 07/21/2009 General Fund Public Notices Reed Business Information 253.38 Check Total: 253.38 34480 07/21/2009 General Fund Fuel,Oil and Fluids River Country Cooperative 26.00 34480 07/21/2009 General Fund Fuel,Oil and Fluids River Country Cooperative 36.50 34480 07/21/2009 General Fund Fuel,Oil and Fluids River Country Cooperative 41.00 34480 07/2l/2009 General Fund Fuel,Oil and Fluids River Country Cooperative 47.00 34480 07/21/2009 General Fund Fuel,Oil and Fluids River Country Cooperative 32.00 Check Total: 182.50 34481 07/21/2009 General Fund Repairs/Maint Contractual Bldg Diane Rud 363.38 34481 07/21/2009 General Fund Repairs/Maint Bldg Diane Rud 256.50 34481 07/21/2009 General Fund Use Tax Payable Diane Rud -39.88 Check Total: 580.00 34482 07/21/2009 General Fund Office Supplies S&T Office Products,Inc. 238.90 Check Total: 238.90 34483 07/21/2009 General Fund Miscellaneous Sam's Club 104.34 AP-Checks for Approval(07/15/2009-12:06 PM) Page 5 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 10434 34484 07/21/2009 General Fund Street Maintenance Materials T.A.Schifsky&Sons Inc 99.01 Check Total: 99.01 34485 07/21/2009 General Fund Telephone TDS METROCOM-LLC 166.31 34485 07/21/2009 General Fund Telephone TDS METROCOM-LLC 154.74 34485 07/21/2009 Sewer Telephone TDS METROCOM-LLC 104.25 34485 07/21/2009 Water Telephone TDS METROCOM-LLC 42.07 Check Total: 467.37 34486 07/21/2009 General Fund Equipment Parts Tiger Corporation 852.99 34486 07/21/2009 General Fund Use Tax Payable Tiger Corporation _54.87 Check Total: 798.12 34487 07/21/2009 Water Engineering Services TKDA 536.60 34487 07/21/2009 Development Fund Engineering Services TKDA 457.03 34487 07/21/2009 Development Fund Engineering Services TKDA 218.18 34487 07/21/2009 Development Fund Engineering Services TKDA 2.247.62 34487 07/21/2009 Development Fund Engineering Services TKDA 765.16 34487 07/21/2009 Development Fund Engineering Services TKDA 8,17i 99 34487 07/21/2009 Development Fund Engineering Services TKDA 647.98 34487 07/21/2009 Village Engineering Services TKDA 1,258.02 34487 07/21/2009 Water Engineering Services TKDA 699.90 34487 07/21/2009 Surface Water Utility Engineering Services TKDA 1,867.15 34487 07/2l/2009 General Fund Engineering TKDA 300.28 34487 07/21/2009 General Fund Engineering Services TKDA 46.28 34487 07/21/2009 General Fund Engineering Services TKDA 4,526.74 34487 07/21/2009 General Fund Engineering Services TKDA 1,786.61 34487 07/21/2009 Water Engineering Services TKDA 257.41 34487 07/21/2009 Park Dedication Engineering Services TKDA 185.14 34487 07/21/2009 Surface Water Utility Engineering Services TKDA 6,942.03 34487 07/21/2009 Water Engineering Services TKDA 1,052.39 34487 07/21/2009 Sewer Engineering Services TKDA 166.67 34487 07/21/2009 Infrastructure Reserve Engineering Services TKDA 4,489.11 Check Total: 36,622.29 34488 07/21/2009 General Fund Clean-up Days Veolia Environmental Services 7,085.95 AP-Checks for Approval(07/15/2009-12:06 PM) Page 6 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 7,085.95 34489 07/21/2009 Genera!Fund Electric Utility Xcel Energy 295.56 34489 07/21/2009 Sewer Electric Utility Xcel Energy 69.43 34489 07/21/2009 General Fund Street Lighting Xcel Energy 31.36 34489 07/21/2009 General Fund Street Lighting Xcel Energy 27.01 34489 97/21/2009 General Fund Electric Utility Xcel Energy 225.01 34489 07/21/2009 General Fund EIectric Utility Xcel Energy 464.90 34489 07/21/2009 General Fund Electric Utility Xcel Energy 9.65 34489 07/21/2009 General Fund Electric Utility Xcel Energy 42.73 34489 07/21/2009 General Fund Electric Utility Xeel Energy 24.98 34489 07/21/2009 Water Electric Utility Xeel Energy 2,606.62 34489 07/21/2009 General Fund Street Lighting Xcel Energy 38.40 34489 07/21/2009 General Fund Electric Utility Xcel Energy 101.66 34489 07/21/2009 Sewer Electric Utility Xcel Energy 16.36 34489 07/21/2009 Sewer Electric Utility Xcel Energy 14.62 34489 07/21/2009 General Fund Electric Utility Xcel Energy 229.63 34489 07/21/2009 General Fund Electric Utility Xcel Energy 62.34 34489 07/21/2009 General Fund Street Lighting Xcel Energy 1,806.30 34489 07/21/2009 General Fund Street Lighting Xcel Energy 28.71 34489 07/21/2009 General Fund Electric Utility Xcel Energy 1,266.25 34489 07/21/2009 General Fund Electric Utility Xcel Energy 392.02 34489 07/21/2009 Water Electric Utility Xcel Energy 20.27 34489 07/21/2009 General Fund Street Lighting Xcel Energy 10.54 Check Total: 7,784.35 34490 07/21f2009 General Fund Repairs/Maint Bldg Yocum Oil Company,Ina 160.13 Check Total: 160.13 Report Total: 182,185.30 AP-Checks for Approval(07/15/2009-12:06 PM) Page 7 City Council Date: July 21, 2009 CONSENT Item: Motion ITEM: Agreement with MPCA for Watermain Installation along Highway 5 SUBMITTED BY: Craig W. Dawson, Interim City Administrator REVIEWED BY: Dave Snyder, City Attorney Ryan Stempski, Assistant City Engineer Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: Based upon the City Council's statement of intent to participate in the installation and upsizing of watermain to serve a few properties along Highway 5, the Minnesota Pollution Control Agency (MPCA) has drafted a joint powers agreement to implement the project. City staff has reviewed the proposed agreement and recommends that the City Council approve the agreement and authorize its execution. BACKGROUND: The MPCA is responding to a request from owners of property at 9524 Stillwater Boulevard (State Highway 5)to install municipal water due to groundwater contamination in a plume originating to a 3M disposal site in Oakdale. With the placement of the watermain in the State's right-of-way, ownership of the watermain must ultimately reside with the City. Additionally, the City requested alternate pricing to upsize the watermain to a 12-inch diameter, as this line is identified as a future extension of the City's trunk watermain system. The cost to upsize the pipe is $8,846, and at its June 16 meeting the City Council indicated that it would approve the City's cost participation for the 12-inch watermain. The MPCA proposes a net cost to the City of$4,730, by crediting $4,110 for the City's water access charge (WAC) and water meter and connection permit fee. internally, the$4,110 credit would be moved from the reserve in the City's water fund to the WAC and meter/connection fee accounts. RECOMMENDATION: Staff recommends that the City Council approve the proposed joint powers agreement with the MPCA and authorize its execution, SUGGESTED MOTION FOR CONSIDERATION Move to approve the proposed joint powers agreement for watermain facilities with the Minnesota Pollution Control Agency and authorize its execution. ATTACHMENTS: * Proposed Joint Powers Agreement CFMS Contract No, STATE OF MINNESOTA JOINT POWERS AGREEMENT This agreement is between the State of Minnesota, acting through its Minnesota Pollution Control Agency,("MPCA"or "State")and the City of Lake Elmo ("City"). Recitals 1. Under Minn, Stat. § 471.59, subd, 10,the MPCA and the City are empowered to cooperate with one another to perform projects that either party is authorized to perform. 2. Under the Landfill Cleanup Act, Minn. Stat, §§1.15B.39-115B.445,the MPCA administers the closed landfill cleanup program and is authorized to enter into agreements to undertake response actions at qualified closed landfills, On November 21, 1995,the MPCA,Washington County, Ramsey County, and the City entered into a Landfill Cleanup Agreement for the Washington County Landfill ("Landfill"), Under the Landfill Cleanup Agreement and the Landfill Cleanup Act,the MPCA is performing environmental response actions resulting from a release of contaminants at the Landfill. 3. A release of perfluorochemicals(PFCs)from the Landfill was discovered in 2004. Residential wells near the Landfill have been impacted by the release, In April 2006, a well located at 9524 Stillwater Boulevard,Lake Elmo, used by the homeowner for drinking, cooking, and bathing was found to be contaminated with perfluorobutanoic acid (PFBA)at a concentration of 12 ug/l. The Health Based Value for PFBA is 7 ug/l. In December 2008,the concentration of PFBA increased to 19 ug/l. In addition, perfluorooctanoic acid(PFOA)was also detected in the well at 0.7 ug/l. The Health Risk Limit for PFOA is 0.5 ug/l, The concentrations of PFBA detected at this location are the highest level of PFBA recorded in a drinking water well in Minnesota. 4. On June 16,2006,the Minnesota Department of Health(MDH) issued a drinking water well advisory to the homeowner and recommended that the homeowner not use the water for drinking and cooking. As a result of the MDH advisory,the MPCA has been providing bottled water to the homeowner as an alternative source of water. 5. Based on the December 2008 sampling results,the MDH sent a memo to MPCA, dated February 19,2009, recommending that the homeowner be provided a more permanent source of water through connection to the City's public water supply. MDH made this recommendation for the following reasons(1)the concentration of PFBA in the well is more than double the chronic and acute Health Based Value; (2)because of likely past exposure to PFCs in the water, future exposures should be eliminated to the extent possible to reduce possible long-term health risks; (3)a granular activated carbon(GAC) filter would be an inadequate and costly alternative because PFBA is estimated to break through a standard 90-lbs GAC filter in approximately 76 days; (4)the elevated levels of PFBA detected could result in possible exposure to PFBA while showering or bathing; and(5) providing the homeowner with a new well would be an environmentally risky alternative because the well would need to be constructed into the Franconia aquifer which would increase the risk of introducing PFCs to this aquifer. 6. The MPCA's cost-benefit analysis determined that connecting the homeowner to the City's public water supply would be the most-beneficial and cost effective option compared to installing and maintaining a GAC filter system or constructing a new private well, 7. The City requires that newly installed water mains within the City be a minimum of 6-inches in diameter. 8. In general,MPCA project specifications to provide a water supply connection for the homeowner to City water include completing a connection to an existing 4-inch water main with a 6-inch ductile steel pipe, which will run Joint Powers Agreement(Rev.6/03) 1 CFMS Contract No. along the MnDOT right-of-way, installing a 1-inch copper service connection between the water main and the homeowner's house,and installing necessary valves, a hydrant, and other appurtenances. 9. The City wants the MPCA to upsize the new water main from a 6-inch diameter pipe to a 12-inch diameter pipe because of the City's desire to meet future water infrastructure needs. The upsizing will result in the following changes to the project: installation of a 12-inch DIP water main pipe instead of a 6-inch DIP water main pipe; installation of a 12-inch gate valve; installation of one 6-inch gate valve instead of two; and installation of 216 DIP fittings instead of 100. The City is willing to be responsible for the additional costs associated with the upsizing and improvements as provided in this agreement, 10. The MPCA has had the project designed and has received bids from contractors through the Minnesota Department of Administration process for construction of the project. 11. The MPCA intends to accept the bid ofEnComm Midwest,Inc.to construct the project. In accordance with the bid submitted by EnComm Midwest,Inc.,the cost of the project with installation of the 6-inch diameter pipe is $44,489 whereas the cost of the project with upsizing to the 12-inch diameter pipe is $53,335. The difference in cost—that which represents the cost to meet the City's future infrastructure needs—totals $8,846. 12. The City has reviewed the project design and specifications (City of Lake Elmo, Minnesota Construction Plans far MPCA Lake Elmo Water Main Extension, Short Elliott Hendrickson, Inc., April 24, 2009) (specifications found in Request for Bid, Lake Elmo Water Main Extension, May 7, 2009)and agrees that the design and specifications of the project meet the City's requirements for connecting a resident to the City's water supply. 13. To comply with the State's contracting process,the MPCA must encumber all funds necessary for the project before the State,through the Department of Administration, enters into the construction contract. Agreement L Terms of Agreement 1.1 Effective date: July 21, 2009,or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2,whichever is later. 1.2 Expiration date: September 30,2009, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2. Agreement between the Parties 2.1. The Recitals are incorporated into this Agreement. 2.2. MPCA's Responsibilities: The MPCA shall construct a connection to the City's water supply for the resident living at 9524 Stillwater Boulevard, Lake Elmo, Minnesota using project specifications for a 12-inch water main. The project will be constructed in accordance with the project specifications under a construction contract between the State and the contractor hired by the State to perform the work. The MPCA shall pay for the cost of the project, including contractor costs, which totals, $53,335,the City's water availability charge of$3,675, and the City's meter and water connection permit fee of$435. Instead of paying the water availability charge of$3,675 and the meter and water connection permit fee of $435 to the City,the MPCA will offset(credit)$4,110 from the$9,846 amount that the City owes the MPCA for the upsizing to the 12-inch water main. Joint Powers Agreement(Rev.6/03) 2 CFMS Contract No. 2.3. City's Responsibilities: The City shall cooperate with the State to accomplish the project. The City shall obtain access and all necessary permits from the Minnesota Department of Transportation (MnDOT)for the MPCA to install the water main, hydrant,valves and connections for the project within the MnDOT right-of-way along Trunk Highway 5, The City shall pay the MPCA$4,736 for its share of the project. This amount is the$8,846 cost associated with upsizing the water main from a 6-inch pipe to a 12-inch diameter pipe,minus$4,110,the amount that the MPCA would have paid the City for the water availability charge and the meter and water connection permit fee. Once construction of the project is completed,the City shall be the owner of the newly installed water main and associated valves up to,and including,the curb stop at the homeowner's property line and shall be responsible for maintaining the water main and associated valves. 3 Payment 3.1 The MPCA shall pay EnComm Midwest, Inc., its construction contractor, $53,335 for construction of the project in accordance with a contract between the MPCA and EnComm Midwest, Inc. 3.2 The City shall pay the MPCA $4,736 within 30 days after the MPCA provides written notification to the City that the project is complete. 4 Authorized Representatives 4.1 The State's Authorized Representative is Shawn Ruotsinoja,Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155, (651) 757-2683.- 4.2 The City's Authorized Representative is Craig Dawson, City of Lake Elmo Administrator, 3800 Laverne Avenue North,Lake Elmo, Minnesota 55042, (651)233-5401. 5 Assignment,Amendments, Waiver,and Contract Complete 5.1 Assignment. The City may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement,or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability The State and the City agree that, except as otherwise expressly provided, each party shall be responsible for its own acts and omissions and the results thereof to the extent authorized by law. The liability of the City is governed by the provisions of Minn. Stat. Chapter 466 and other applicable law. Minn. Stat. §3.736 and other applicable law govern the State's liability. This clause shall not be construed to bar any legal remedies the State or the City may have for the other's failure to fulfill its obligations under this Agreement. Joint Powers Agreement(Rev,6103) 3 I I CFMS Contract No. Nothing in this Agreement is intended to be construed to limit either party from asserting against third parties any defenses or immunities(including common law,statutory,and constitutional)it may have or be construed to create a basis for a claim or suit when none would otherwise exist. 7 State Audits Under Minn. Stat. § 16C.05, subd. 5,the City's books,records, documents,and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate,for a minimum of six years from the end of this agreement. 8 Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act,Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement,and as it applies to all data created, collected, received, stored, used,maintained,or disseminated by the City under this agreement.The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the City or the State. If the City receives a request to release the data referred to in this Clause,the City must immediately notify the State. The State will give the City instructions concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination. The State or the City may terminate this agreement at any time,with or without cause,upon 30 days' written notice to the other party. 10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if fiinding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written or fax notice to the City, The State is not obligated to pay for any services that are provided after notice and effective date of termination. However,the City will be entitled to payment,determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the City notice of the lack of funding within a reasonable time of the State's receiving that notice. 1. STATE ENCUMBRANCE VERIFICATION 3. MINNESOTA POLLUTION CONTROL AGENCY Individual certifies that funds have been encumbered as required by Minn.Stal.§§ 16A.15 and 16C.05, By: (with delegated authority) Signed: Title: Date: Date: CFMS Contract No.A- Joint Powers Agreement(Rev.6103) 4 CFMS Contract No. 2. CITY OF LAKE ELMO 4. COMMISSIONER OF ADMIINIS'1RATION delegated to Materials Managernent Division By: 13y: Title: Title: Date: Date: By: Title: Date: Distribution: Agency Governmental Unit State's Authorized Representative-Photo Copy i Joint Powers Agreement(Rev.6/03) City Council Date: July 21, 2009 REGULAR Item: Motion ITEM: Yellow Ribbon Network of Washington County SUBMITTED BY: Craig W. Dawson, Interim City Administrator SUMMARY AND ACTION REQUESTED: Senator Kathy Saltzman, on behalf of the Yellow Ribbon Network of Washington County, has requested an opportunity to speak to the City Council about the activities of the Network and ways that the City may take part. The Yellow Ribbon Network has also encouraged cities to adopt resolutions of support for the Network, and such a resolution has been prepared for adoption by the Lake Elmo City Council. BACKGROUND: The purpose of the Yellow Ribbon Network of Washington County is to connect local military family members with residents and a wide array of organizations that can provide assistance and support in various forms to members of active-duty military families. The City Council has expressed general support for the community to become involved in these activities, and asked its Community Improvement Commission to look at ways to encourage involvement in these activities. The Commission endorsed the concept, but did not identify activities and declined to take on a role in it. SUGGESTED MOTION FOR CONSIDERATION Move to adopt the Resolution of Support for the Yellow Ribbon Network of Washington County. ATTACHMENTS: • Proposed Resolution ORDER OF BUSINESS: • Introduction Craig Dawson • Report by staff or other presenter Sen. Kathy Saltzman • 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 OF LAKE ELMO Washington County,Minnesota RESOLUTION NO.2009-034 RESOLUTION OF SUPPORT FOR THE YELLOW RIBBON NETWORK OF WASHINGTON COUNTY WHEREAS, many families support their military service members who are serving in the United States and overseas to protect the values and freedom enjoyed by citizens of the United States of America; and WHEREAS,the Yellow Ribbon Network of Washington County has been formed to connect local military family'members with residents and organizations such as cities, townships, schools, churches, community groups, businesses, and government agencies that can provide assistance and support in various forms to family members including spouses and children; and WHEREAS, the Yellow Ribbon Network of Washington County will build on the existing strengths of organizations already providing support of service personnel and their families by adding to the community support and awareness for helping spouses and children in ways to lessen their burden while a family member is deployed to protect our country; and WHEREAS, the Yellow Ribbon Network of Washington County encourages communities and residents to work together to support the active duty troops and their families, NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Lake Elmo acknowledges with grateful appreciation, respect,and admiration, the sacrifices of military personnel who are leaving home and their loved ones to serve our nation; and BE IT FURTHER RESOLVED, that the City Council fully supports the efforts of the Yellow Ribbon Network of Washington County to support family members of service personnel during deployments to defend the democratic values of the United States of America. Adopted the City Council this 21st day of July, 2009. Dean A. Johnston, Mayor Attest: i Craig W.;Dawson, Interim City Administrator i 1 City Council Date: 7/21/09 REGULAR item: 5 Motion 1 Motion 2 ITEM: Purchase of projector and screen for the council chambers SUBMITTED BY: Carol Kriegler, Project Assistant Tom Bouthilet, Finance Director REVIEWED BY: Ted Arbeiter, Director of Facilities and Technical Support, RWCC Ginny Holder, Lake Elmo Cable Commissioner Craig Dawson, Interim City Administrator City Staff SUMMARY AND ACTION REQUESTED The City Council is being asked to authorize 1)the purchase of a projector and screen and any incidental materials and supplies related to the installation of the equipment by the Ramsey Washington Cable Commission technical staff and 2)the contracting of electrical services related to the installation of the equipment. The City is eligible to receive a one-time grant from the i Ramsey Washington Cable Commission in an amount not to exceed $50,000 for the purchase and installation of production-related audio visual improvements for the council chambers. The council authorized the purchase of an audio visual package at the May 5 City Council meeting and also directed staff to explore options and alternatives to the purchase of monitors. The monitors proposed in the original package were considered to be presentation equipment and therefore not eligible for reimbursement by the grant program. A ceiling suspended projector and screen are classified as production-related audio equipment and will be eligible for reimbursement. The installation of this equipment will require some electrical wiring however, which is not grant eligible. The estimated cost of the required electrical work is $1,400.00, ADDITIONAL INFORMATION: The equipment package approved at the May 5 City Council meeting has been received and will be installed in the next week or so. The total cost of expenditures to date is approximately $37,000, providing an ample balance for the purchase of the projector and screen. Cost of the projector and screen is approximately$4,900.00. The proposed projector is of considerably higher quality than the current table-top projector and will be suspended from the ceiling, providing unobstructed viewing from virtually everywhere in the chambers. In addition, the proposed electric screen measures 5,75'x7.6', which is considerably larger than the current screen, Several city staff members participated in a demonstration of the projector/screen system with consensus being that it will be provide for effective viewing from virtually every viewing location within the chambers Installation of the equipment is proposed for locations which will require a power source. The $1,400 estimate for the electrical work is conservative and will provide for additional incidental electrical work should the need arise. Sufficient funds are available in the City Hall operations budget. 1 SUGGESTED MOTIONS FOR CONSIDERATION: MOTION 1: Move to authorize the purchase of grant-eligible, production-related projector and electric screen from Alpha Video, and necessary installation-related materials, supplies and equipment as deemed necessary by the RWCC technical staff at a total cost not to exceed$5,000.00, MOTION 2: Move:to authorize the contracting of non-grant eligible electrical services related to the installation audio visual equipment from Alpha Video in an amount not to exceed$1,400.00 with the funds coming from the city's capital equipment fund. ORDER OF BUSINESS: - Introduction..................................................................Carol Kriegler, Project Assistant - Discuss ion!Questions...................................................................City Council Members - Call for a motion .......................................:.................Mayor Facilitates Discussion of Council on the motion...................................................Mayor Facilitates Action by the City Council.................................................... Mayor& Council Members 2 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.......................................I.,............................Mayor facilitates Discussion of the motion......................................................... Mayor facilitates Action by the City Council.............................................................City Council z ATTACHMENTS: i 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. 08.0 A S 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: -A ShAe. o 1, et sold, , eoffm dity, sefviee, or-entertaifiment not sold ar offered upon the premises, where the sign is lboated of to w-hieh it is attached. design, or 1.,ye t of a sign itself but net inolud;r. ,r. s4zue4we.s_ —S iX, 4 T14A"1/. Any sign that is painted eii of ++:eh:d to ate: ....,.,.. Ar>`rl;u A to r..,r r,tniidei-1 to l,n Iflu— a;t eF,+ 'tl., c r t1,eu �F..am � . ...�,...,.,Mj' :b.....,,..,.....r. ..., ..v�ann'�-�.�czcrrV'izrt-cax=vr'iZua='c' Fvsicsu;rrb vz nrnc tdro 1�otttenrr ,c vIciEk3Wieas applied-�6^pzFe�� fib cic religious, , , the premises on w-hieh Fated ordinal7ce 08-0 15 City Coutwil; 6-1 G-09 oeffiffieditj -r- entertainment sold or eff-erad upon the premises ere the sigs is loeated Or-to whio. h it is attaehe& SIGALr > a , . SIGAL,DLRECT40NIL. A sign whieh een4aias ae advertising of an), kind and previd eonstan4 iti tafnis of in4ensity er eolor at all times when the sign is illuminated. SIGAL, FIA&W-WCr. An illuminated sign whieh as a light soufee not eaenstarA in intensity a nM .Pill Mifnes while the sigli is in use. 9 or pedestal signs. SIGAL7 id P.n+i:r4.P.;4i r.te E)f t affie _ • uprights, poles, or-br-ares in Of i4psn the�gr-ound. SIGN, IMTORIG4L. Any sign that is of histerisal signifioanee and that is a histerieal ithin the meaning of M.S. Gh. 7 as it may be amended fTem fifne to time. SIGAL A sign whieh idei4ifies the inhabitant of the 1 • , 6-xeeed 7:n e feet 'i • Any sign, SIGAL1 iiilding but not supported by the gf }. 7 D^^_✓' SIGAL,-A4E B&E.Signs an wheels or- ether-wise desigRed to be tr ,1n,.e gable pg 2 Ordinance 08-015 City Council; 6-16-09 rotates, has any moving paAs, of gives the Alusion of motion. • industry, to si vrz*e cam..r_R-of'--_• site end is - -------'- the - -. .---v of by name, the • fifeestanding sign whirahidentifies, seetien of the city. e a where sueh sign is leeaed. A sign leeated within an easemeflt or- other- appurteflanGe to a lot oil SIGAL, ON • A sign"ieh identifies or- adveftises an f , pr-odttc�s or-servioes loealed on the pfemises where the sign is instal 7 VQIGAL�IWWNYAL. A ground sign usually er-eeted 1 oaofllml shaft or-post whivh is solidl affixed to the ground, duration of time that the use or- oeoupant is leouled on the. SIGAL, flaaat-gig SIGAL, PUBLIC UMIT-P—Sgns whieh xae:f;f,t bli,.-„4;lities sale,family ar multiple family residenlW pr-ej est of 10 E)r-more dwelliiig uflits or-1 MIGGAL, M4L ESTATE A sign off-efing propei4y (land anEbler-baildifigs) for- lease, Of • , pedestal,family o�'mtdtiple family residential prej eet ef 10 or-mere dwelliiig units of lots. Real estate- SIGAL, REVOLVING A sign whieh has moving pwAs (stfuetilr-al); does net inelude flashing 9 or post shall nAt P. ., SI-GX ROOF, n ereo4o.-1 upon or- 1> >a ,-. 8 f O not-of n building-. vvz -�.Z.cou� varvi uvv'v Pg 3 Ordinance 08-015 City Couwif; 6-16-09 MGALf , 7 7braoes, and f�amewor-k of the ritl— STGAL f i.e.e e-f-s-he sign on a plane puallel te the-plane of-the wall. ��iejnjb, —anA is not intended for-advertising pufffses. S-IGAL TEMPOAMY Any sign intended for- display ever-a shei4 period of sell b , ' or- ! • A sign affixed to aA4ndow glass or- doer- glass, This does net4nehWe rrz��i' rl an d 1•, kny 7 war-d or symbol, 7 7 7 statue, repfesept� ion in the nattwe of an advertisement, 7 7 or-visual eeinmufti-eation, whether -i,�eh is displayed for painted,-Posted, 7 affixed er 7 eommunio We to the genefal-p�- SECTION 2. 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 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. AWNING. A shelter supported entirely from the exterior wall of a building. CANOPY. A detachable,rooflike 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 Cityt C ouncit 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 RESIDENTMI,AREA. A residential grouping of lots that share a plat name over one or more additions. SIGN,ABANDONED. 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. SIGN,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 VEHICLE IDENTIFICATION. 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 rharquee 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. P9 Ordinance 08-015 City Cnu170; 6-16-09 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 VARMBLEMESSAGE. 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 Eight directly or indirectly. SIGN ILLUMINATION,BACKLIT. 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. p8 6 Ordinance 08-015 City Coufiril;6-16-09 SIGN ILLLUMINATION, INDIRECT. A sign whose light source is external to the sign and which casts its light onto the sign from some distance. SIGN ILLUMINATION,REVERSE LIT. 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'on 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 whichh 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 10 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 Wormational 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. P5 7 Ordinanc6 06-015 City Council; 6-16-09 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. (1) 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; P9 8 Ordinance 08-015 Ci(y Council; 8-16-09 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 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 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 of traffic accidents. pg 9 Ordinance 06-015 City Council; 6-16-09 (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 signage can 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. (B) 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(ix. wall sign, monument sign, etc.); pg 10 Ordinance 08-015 City C;ourrcil;6-16-09 {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; i (e) The proposed timeframe(s)over which the sign(s)will be posted; (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. (3) Temporary Sign Renewal. A temporary sign permit 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 timefrarne(s)over which the sign(s) will be posted; P9 11 Ordinance 08-015 City Coutacil; 8-16-09 (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 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. The fee for a sign permit is established yearly in the City's adopted fee schedule as indicated in section 11.02. p9 12 Ordinance 08-015 City COU170, 6-16-09 (D) Computations. Figure 1:Sign Area (1) Sign Area Measurement. Measurement The area of a sign shall be computed by rHANNEL means of the smallest circle, rectangle or triangle that will encompass the extreme = i limits of the writing, representation, LETTERS emblem,or other display,together with any f— Width --[ 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 #/1 C I RC L� `L sign has two back-to-back sign Faces containing sign copy, the sign area for both ► Area = Tf r2 faces are counted toward the total allowed sign area, Poles,bases, and other supports shall not be included in the sign area calculation, TRIANGLE Area = 1/2 (b * h) mwxewxevme®rxa.+.maa»x�wa+asec�nsroesav»aafnz:namu+.wu<..wrm (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 WGN Height of sign frorn average F> ; . grade to the sign toy midpoint of average grade Pg 13 Ordinancr 06-015 City Council; 6L16-0 . (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 i ow syor Vole Sign Area + W U Sign Area TOTS SIGN AREA Figure 3: Total Sign Area Measuremenf 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. i pg 14 Ordinance:08-01, City uticif;6-1".q (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 properly upon which the sign is located. 151.117 GENERAL STANDARDS (A) Abandoned Signs Abandoned signs shall be removed. (B), Building identification. 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. p9 15 Ordinarice 08-015 City Councit; 6-16-09 (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. (3) Back-lit awnings are prohibited. (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. (H) Landscaping. Sign owners shall be required to maintain the appearance of the ground around all signs detached from buildings and to landscape where possible. (1) 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. (3) 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. i i i i pg 16 Ordinance 08-015 City Cotincil; 6-16-09 (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. (J) 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. (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. pg 17 Ordinance 06-01 6 City Council; 6-16-09 (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 casements 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 08-015 City Council; 6-96-09 (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. (3) 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). (5) Roof signs. (6) 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 permit. pg 19 Ordinance 08-015 City Couri6l, 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-today 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 wails 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 Ordinonce 08-015 Gity Council; 6-16-09 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. (3) 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. (e) 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 (S') 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. (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) 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. p9 21 Ordinance 06-015 City Council: 6-16-09 (b) Illumination. Indirect illumination 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. L The area of a freestanding sign in the Did Village Sign District shall not exceed thirty (30) square feet, ill 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; L 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); P9 22 Pi'dinance 08-015 City Council, 6-16-09 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: L 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 j each of the four allowable time periods in any given calendar year. li 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 j 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. (3) I-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 1-94 District shall only be authorized through approval of an interim use permit. pg 23 Ordrnanco 00-015 Ott Cour)crl; 6-16-00 (c) Illumination. All forms of illumination which conform to the general illumination standards for all signs shall be the permitted within the I-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. (g) Window Signs. Window signs in the 1-94 district shall not cover more than 113 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 I-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 p9 24 Ordinance 08-015 City Council; 6-16-09 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 HL 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. iii. 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. P9 25 i Ordinance 06-015 City Cauorii; 6-96-09 (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, 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. � 4 s Front.Lot Line 5 5 5 5 5 5 5 5 1 1 1 I Side Lot Line 5 5 5 5 5 5 5 5 5 5 5 5 Rear Lot Line 5 5 5 5 5 5 5 5 10 10 10 1071 Vehicular Access 5 5 5 5 5 5 5 5 1 15 15 15 15 1 15 1 5 [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 con}unction with the business park establishment. Fig 26 Ordinance,08-015 Carty COU17cif; 6-16-09 (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. e A, RR; R 1, K2, RE, OP [3] 6 C 6 6 6 12 square feet R3 & R4 [3] 12 C 12 12 12 24 square feet 1.0 square foot per lineal foot of GB, HB, CB, LB, BP, & PF [4] 30 45 C 30 6 [5] 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 (1) per commercial establishment. [3]: Ali. 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. [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 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. pg 27 Ordinaoce 08-015 City Cour)cil 6-16-09 i {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. ALLOWABLE FRE . , BY w r IpgIrstricts . i r O. Allowable Height 5 5 5 5 B 8 5 in feet 5 20 20 20 20 26 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 signs) 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 snap 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 OrdAnance 08-015 City Councit 6-16-09 SECTION 7. Adoption Date This Ordinance No. 08-015 was adopted on this 16U' 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 12009. pg 29 -----------. ...__..�-----------------------_-_-....__.......-....__....._..._..._._.._,..._...._......._...__...._ --- -- - ...- `i Exhibit A. Official Sign District Map i! r •, i i• 3i it !' :� 13� 3 a ! OTH pa g ^r, i t �&v9:Q'fH µ w it R'I` —•- a. 40THr i! u a9T M i' 3 �I3g Q I 4 sJ�` r iii!L3 Ems, i i t ""'t27rFH Legend '77 -7 Old Village Sign District _��� ��x 22ND� m� D'�'}•{'re�,sarawu�roar !w9srmaax <t .. m � 1 Lake Elmo Boundaryrl' w.. 7 28TFlaoc. V4 € i i 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 surnmary.in the case of lengthy ordinances or those containing charts or maps; and WHEREAS,the city council believes that the following summary would clearly inCorra 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 FURTI-WR 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 he post a full copy of the ordinance in a public place within the city. Dated: 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 sane: Whereupon said resolution was declared duly passed and adopted. C';'M,Y Color Lezend. GREEN htnguage- existing language that has Ncyr been edited C)RA in lan,;iiagc--•existing an,, thait has been edit(-A BLACK language=new language SIGNS § 151:115 PURPOSE 7.7 �, �• Nn,a��,,[ Colsifnet�tCb7 B7ii5t�agSeulton (A) ut78ea"� s; l_ (1) Purpose. (a) The l..,a-e Elmo Sign Regulations are intended. to establish a con-tprehensive and. balanced :system of sign cont:Eol that accommodates the .need for a well-maintained., safe, anti attractive community, and the business com.ntunity'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. speeeh m the viewpoints represented the.re'u1. 11 is the intent of these, regulations to promote the health, safety, general welfare,and desirable astral 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 tine of monumerm and individual letter-ayie signs; b. Permit large enough colfyigraplik:area to effectively Convey the int:end&l MCssage but not so.large•as to unduly distract the reader and insist on lettering]urge enough to be easily read m encourag,e simple,uncluttered messages; c. Signs shalt be proportioned to the sire of, and architecturally ccarnpatible.with,t:he structures and other sips on the premiws; d. 1>ermanent signs shall only advertise on-premise businesses, services, facilities,etc; 6-16-09 COY Council Rel'tev c. Allow temporary business .signs for grand openings and occasional sales events; allow temporary signs to advise the public of the seasonal sale o:k agricultural and horticultural products in keeping with the City's rural irnage; a.nd to allow temporary directional signs permitting the public to more easily locate land conservation develoynnents which enhance the C°ity'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 dial..) not be permitted. Studies conducted by public and private agencies have identified that dynannic suns, including mull- 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 vicnving angles both day and night and are designed to catch the eye of persons in 'their vicinity and hold if for extended periods of time. If left. uncontrolled, electronic signs, including video display signs, constitute i serious traffic safety throat. Studies conducted by the Federal .Highway Administration (.14MA), 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 Sbitistics from :1995; the Universi-ty' or North -- ("arolina Highway Safety research Center. Distractions in Uveivday'DrFvih ,.May 003 an r o e�rrjver Ts traction in ':Fraftic Crashes, May 2001; the Wisconsin Department: of Transportation, Synthesis Report. of Electronic Billboards and Highway Safety, June 10, 200:3; the Municipal Research and Services Center of'W'ashington, Sign Control Provisions, Jan. 2006; the Veridan Group, Video Signs in Seattle, Caerald Wachtel, May 2001., reveal that e.lectroni.c signs are highly distracting to drivers and that.driver distraction continues to be a. sibnifi(wil.underlying;cause oftraffic accidents. (2) Findings. 'Fhe City of Lake E'Imo hereby finds thw: regular-)n of the coustrudloti type,location,size,and maintenance of signs is necessary to accoiliplish the above referenced.objectives.becaitw— (a) The presence of pel-MITIent and Icinporary signage l ffoc:ts the i•trral image of the City ofLakG.Elmo; 6-rr.(lq C:aJv C"nrara:tl lZedieu• —_...._...._...,..,...„.,,._�.�,.,»„.�,,..w,._w 2 Ok'I.F J''l.rrk�LgMo:§gw Cody---CLEAN Ct?1'1' (b) Properly regulated signage cati create an atmosphere of prosperity, stirr►ulare commercial activity, and consequently, lead to increased ern jploynrent and-a healthier tax base; (o) I'lle safety of motorists, cyclists, and pedestrians can be:threatened by signage that interferes with necessary slight-distances and/or unduly divems the attention c f 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 trafiic safety. (B) a` E �; 1'f arts'sectiUn,subsection,sentence,claufic zpr phrase in - eomment[bz1�Ex,scmgseaann sections I51315 through 1.51.119 are for any reason held to be invalid,such tss i��.u��aaes����mfi�rdrzo6s decision.shall not affect the validity of the retraining 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 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. 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, 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,roofiike 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"). 640-09 Cara Couru'll Reripir �} d.)1iA!''J",(.ake./lnarr Sign Code C:.1_EAN 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 atotal 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. 6-1 4-09 Cali,Courx it leerip 5 I multi-tenant building—A grouping of two or more business establishments r 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 message. Examples of non-commercial messages include,but are not limited to, messages concerning political,religious,social,ideological,public service and informational topics. "Or-premise sign"—a carnmercial speech sign which directs the attention or the public to a business,activity conducted, or prodiiet sold or offered at.a location not on the mime 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 lye deemed au off=premises sign. JqeNekl Raw' it;ra i 4a#ltA "Permanent Sign" -A sign constructed of durable materials deli meth.to c Nit for ifie:duration of time that the use or occupant is located on the pren)ises. 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 wail 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. 6-10-09 CIII,Council Review DRA FY Lake Elmo Mgn Code CLEAN AN COPY "Sign"-.Any letter,Nvord or symbol,device,'.pester,picture,statue,reacting matter or representation in tli.e nature of an advertisement,announcente it, message,or visual communication,whether painted,posted,printed,affix".,I or constructed,which is displayed for informational or cornmunic,rl.ive purposes antia is visible to the general public. "Sign.heal Estate Development"._A sign offering:(br sale, lease,or rent a single-farnily or multiple-family residential proiect:of 10 or inore dwelling units or lots. Real estate development signs shall be administered as permanent signs subject to all removal requirements outlined in code, "Sign, Agricultural ;Hales"--A sign placed on a l.ot or parcel of land advertising an operating and permissible agricultural sales business, 0tT premises agi-icultura.l sales signs shall be administered as temporary signs s'nbleol:'to all re:rnoval requirements outlined in code, k1Tr,"de&aod" a tl E7i3 E1-�6i 4l ETr 'y;IFt-10�WF 3 H beit>.g�tse�-t�-;�c�rgNit��ltarctl;--p�r��rtkt�t�'t�-crt"-itcarti4ttl-p�dttet 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 `°'rentpor ary Sign"—A.ny sign intended for display over a short period tif" ti irle. 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. (i-Td-Da!.'il>>f'nure<:Jd RrvIAtF �.,............_.....".....�.r.�,w....._.._._.._.�..wr. 7 it•1'RA FT L ale Eirncra Sign Cotle,......CLh N COP 151.116 Administration and Enforcement !Lsting Subfiblj 111 tg'"F- l5 6(A)ss addeA matun er of2D0$ No sign steal I be erected,altered,reconstructed,.maaitttal.ned or moved in the oily without first securing a permit:lirom the city. T..he content of tite message or speech displayed on the sign shall not be reviewed.or considered in determini rig-whether to approve or deny a sign permit. (l.) I ernaalren I a Rt 'To apply.for a pertraanerat sigta pern7it,a com(alele _ °t",emtttgta�l�7 Sxasiing$eohnn Y r r6 t0 ps added m summer of2668 application shall be mbmitled to the City containing the following: -- -- .-.---:- -- (a):Haines 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 really and clearly represent the sate constructlon and placement of the proposed si.gn(s); (e) Type ofsign(s)being requested(i.e. Nvall sign,monutnent sign,etc,); (C) 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 lL1nDUT'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 inforitaation that the sip is of historical significance or is a reproduction.of a historic sign. (2) ip 'I'a apply riot a pempt to allow a teniporar n,a Comment[b5]::PxntmgSearon complete application shall be submitted to the City containing the tsr lS{C)as uadedinsnmmer,orzd0a following: 6-16-0 Citi;Coup d Review, 8 DRA PT f,nkcx Elora.Sri n Code CLEAN COPY (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 general izod plan.yet sliowing the sign dimensions and height,and a notation of the niateri.als to be used. (d) A scaled site plan which cletit•ly roprescnLi the plac:etment of the proposed.sign(s)on the applicable property; (e) The proposed tirnefi•a.rrte(s)over whioit the sign(s)will be posted; (f) Tito permit fey;;and (g) The following if applicable: i. Written auth.arizat:ion front.the property owner upon who's land the sign is to be erected.. ii, A permit from.either RnIXY1'or Washington County if the. pr)posed sign is along;a state highway or county road. (3) �T* pnl,ar'"t t� nu ill. A fetnpUr<iry itr�n permit issued by die City tsting�e9aon may be renewed provided the sign desi p,n,size,location,or other t`31 16 FD�;ass�cled in.suminer,dr2UD6; previomusiy approved details are not pz apfosed to change, A sit rent?wal application shall in the following: (a) :Names and addresses of the aplaIicarlt,owners of the sign.and tat: (b)The address at which the sign(s)are-to be erected; (c) The date of:issuan.ce of t:lie portnit laeing t'F.n.eV6+e{I; (d)The proposed tintet:rame(s)over which the signs)will be posted; (e) Written'authorimation from the property owner upon who's land the sign.is to be erected(if applicable); and (f) The permit renewal fee. (4) �� ]'h�plttlpfiu dep<�.rt ment shall approve or deny complete.sian eoi,n,ent�f��l rx�sting8eonan�. terlTlit a liCatiUltS II orl reCei t of a GS)n'k It tt�r �iicatictn. if the crintt �t''I ��as sddad m-summer af2068. pp ll p' . ' p ., .'l l p'' - ---.. is denied,the planning department will send a written police of denial to the applicant. The written notice will indicate-the reason(s)for denial and a description of the,applicant's appeal right,,. 6-16-04 C."ri7+f`orancl1 fic:virw _.w.�,,.:».,.._.........,, �..,.�...,._.�W....�.,...,,�...»...,»..,,,�9. 7'Gres{f.f.'Inin,.An E"ode--...(_"'L6;ANC( /IY (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(b)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. (D) Computations. (1) Mgn iQ.'-1 'N"r3� �ortrme�k[bs1 iHxrsulrgSocUoa -- - ---- -- .-.Figure. ..S1.9ft, 'e ..... .. .......... r51 a 1>k(� 13xa)as Rdded m-summer �11w,area ofa sign 4ball he Computed by A+I£:d�riuroF7 ent af20D8 ratans o4:the emalleM circle, rectangle or triangle drat will encornpakas the extre[110 s �"AMEL lintits of the•,vrifing,repregentation,e: LETTERS, mblera,or other dia;irlay,together with any material or color fibnninti an itategral part of l Width than backgrotind of the display or used to dit`(`"eiatk ta:tfic sign)from the building facade against which it is placed. NN%e n a sign.has two hack-to-hack sigyn#:Ices containin€¢sign copy,the sign arou for br.ih rC[R.CLE facts a.m.c;otirated town rd the total alloiv-ed aped 7€r� � `,U11:.trex.. 1'c�les. ba.ws. and ether supports s1lall not be included in the sign area calculation. TRIANGLE - t Area = 1/z (b h) -76-09C'iti,C ourm,,J1Rerirw � 10 L.RA FT L-ahe[:Torts Mgt- (2) ElllFt*$ lltf�711 The height.of the sign,shall be computed as the vertical distance measured fralYl the average aga;grade at the base of the sign.to the top of the highest attached component of the sign. Figure 2:Sign Height Measurement SlC.x1�J Height of sign frorn averagge Sl:: glade to she sign tarp w----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. rarr.F �. . 51C3:V Pole.Sign.Area. +Wall Sign Area +W ndov—Si„n Arga TOTS• L SICY I AREA 4 . �,yyyya� suun.lrrrurwwnwmmvrvMrrw Figure 3:Total Sign Area Measurement Example 0-I6-09(.•alY f,"arartcillirt•ieis t).(A 1°7'Laker E"Irvin Sign Cratt'et-.--CLEAN COPY (1) 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) i�11 sls~its�llz�J���ucttlrfrs�ha19l;se pl�pe 1y rri�lkltalnc,d�lntl�htfJ�be onstnictexiof�rtitlbn�13�1,urcnaaintinatcrial',ttythatth�� �,hISrioi �ommerit[b>0��Fnrk 1 at k�7y`spllg �ttsMO;lrib tti de��xic�t'atl�ln�(#t)�veat"0cttr5� ___- .' ,�'eoti n`tsl l��s{BI 1� separafsonntlas' s� C blarny°f6 fltemgW o0ae (:1) �rraw ; ilaau salt£ 111}trltcaltc � ci�1�atrec{ at�uix deftleax�x3. icx c k r l s iii a Vtzi til t r 14-414 b me re i,t{x x r :`2�kt(F tc.p*s€z tkk cif: '�`ltii? d rat err tS tt�'y ]felt ,l;ta tau �,1tkT lie tip com ''end box Batt 2 of 1 x�sdn FUlkfftJtlltr } tll")11JC1s"6I1B s13'CtiaY� sdati I"alir48a(13a1) gaparsoon adds _ _._... ... .. ... . ciatrt�to lJt4,now cn '! (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 €11xLi 7P+,11 ommeiiV b113]t Fiwsdng,3euuo4 451 t18;t8){H� ifedrn 111anty gsven that ilia ttctuu�osr f4rsbs�Conecl sign .'1ht1ndollc:ck signs shall lst'rci'tifl6'e:c1- noVerslrianyllwigsutlterPhwi"'9tgn gfruotip es WM�)t nee Ye Capnced,irt the eX3sHrtgcbde ' ( ) oiPtll ,rahtiA7Etift� Comment[b13].lixishng5ec4on 151 f1&{B){IO) =ed�tedI ndiitess k:fl,lklC11T1{;iifldrk;SS„ildtt {?f(<OtttitrlaCllf.lrl,6giY1r1'11i1C3f'i1CiYlt311bICt,it6; kiilkk i]ili nvmbe>fieightsendiolhetfotnsdf Cain)'[tClwardS tile°overall permitted..siignage can a building:c)r parcel. All forins bmlding�dehHficeiion � WW of building identitic:adon,ex:efrt for the building addrev,,shall be cut into a rn;asotwy surface or be onstrut tell of incombustible matcrial. (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, 6-I0-OY C`tl),t'nurr�:it f?nviRw 12 ORA.Pif'Cake E'inta Siga Cade-.__q"L E'4t'VCOPY (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. M r i , Cori�mON [h1#+Fx�ahri6co1�z3n (1} _ltics rryoru th�ur:3 ll� � �bra hs.tittspl�t}•i t tin l�riy_ ave.n-Parel. - Jndividual flags shall not exceed fife (S0)ss�taare tec.�.itt sixe per suifac�. txi t r�Cn)t$> ea�tea m�stguhgh ems_ mrtxibYUlr5^ft6g si'LCC (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. (3) Back-lit awnings are prohibited. No sifiis or strttc err shall be erected or raintained if it commentltta ] ExitWseoYibn . prevents free ingress or egress from any door,window,or fire escape. No sign or sign structure shal I be attached to a standpipe or fire escape. mvncrs siij!ill be re .tirecl to Mai IV ri the a' )earance o co�menti►i 'BT e�istt�seeton the ground wocmid all sighs deVached from buildings and w landscape,where i3t;azi{f.i2t,d) xa�ien to reymro � �.^• I .Jsi�dsc¢pmgtiround nlFiiS�is m all Irc�ssil)1G, distracts 1n eoinMiincewithl(he of Ps (§ting]m�dataping node's.{, S-I fi-f)4 l.'u,,t:'nwac!!Rn rror �..�•«•� 13 L1Ii°4 F7'l a C'Intrt 1'ign Crtde...._-C f:.f<'AN€;C7d'T ' r :: '(.flmmet[C3 b�17 °Fxidttn Sectlnns .r•-.. AMr[,ttt'St�,n l3csgrrxnrstl __-- _.._ _....._____...___-.__..._.. .__. . .. - . ..... p bbNer faro t1tU�t> needed'."od 8 '•., __ ' r all be reviewed acid approved for all sntrlti-tenant r»�as[q itn.Rrogtam Vyas QP.O11aati6a ooTnTriurvial huilditng s an fos'all kxtt~iness p*rrlc development to coordinate all sig,taag;4�liar c arrent and.But.u-e tenants. The;Master Sign Program shall be :revicw d as a pert:nanent:tig i permit. but shall only autl orixe the general locations and sizes of's4,,ns to be erected within a de:veic:±prnecrt or[±s±a Tnulti- tenant:building;, Individual permar►ent:sign permits shall ;Mill he needed for the placernent of permanent signs in accordance with an approved Master Sind Program. Master Sign Programs shall be subject to the;ftsilowing requircm nts: (1) A Master Sign Prograrn shall iaclude.a to-scale site plan which iderrtifies the overall sifan types,sizes,and locations for all proposed'.6-nage on the site;(s). 1l'ise site plan shall riot contain the naives of any current or funsre t:e-nants or ocutq►srsits of file center or overall(level optxrerkt. (2) Tlie�Maste r'>igst lyrogra.n),shall include.a c<tf�:xrl:ttic±t±of allowable sign sware:lc±otrtgge l'ur the sites)basest oil appi.icable•r..(.)ning re44ktirententa and Jot charaotetistics. {;3) 7:'h;::ti9.ttstcr aign Program shall include sclrtare fo.±t�tgc s alctdations for individual signs proposed fir the site(s),along with a total sign square frsntag(,area.calculation, (4) All signs within a.'Msrster Sigtt.l�roprtu7i shall -viswiliy.ce>nsistentin location,des:im and scalo, ( } `Flic Maaswr Sign Program pray be retie-wed c:oncttrr ntly with u separate permanent sign permit for the individual sign(s)ide*•ntitie'd in 6e Master Sign Program. The separate pv-rk nruam t sign permit shall include all information rt rgitiregl by se,;Gon t'5 1,116(A)([),and may ion y be approved if the NlsrMer Sign Program is approved. 0 m omeliC bib.1);' Sttn�32aisrn�s - ° # f,tlAkfi#G fir# (33Yk,(+ __.._-._....- -•--.._ 151.121(�)(3 b.-c&d) -m1nor dit.W....... ...... sub{).fur Gtarafy. '; (l) N1 tilt iMt;,t±,ant.buildings are,herein considered a single cornruercial � -- esttahli;iwrent.,and sh,,dl be limited to one(l)freesvinding sign arriong;st all plannediallowe d signage sul jeet to the following,requirGysnertts, (a) If the milts-tertant commercial budding has a'flour area of40,000 square-feet or less,the sign shall not exceed forty (40)square feet (pet'side)and shall not exceed eight:(8)feat:its height. (b) if a multiple tenant conrrnexeial building has a:r'loor area greater than 40,000 square feet but less than 100,000 sgna.rta feet,the sign shall riot exce cct seventy-five(75)square Bc-el (per side)and shall not exceed nine(9)feet in height. 6-76-09 fatly Council�Zeaiew � v~ 14 DRA FT take Mmr)Sign C'Mie----CLE,,bV COP Y (c) If a multiple tenant oominercial building has a floor area of greater than.100,000 square feet,the sign shall not exceed L20 square feet (per side)and shall not exceed(iflLeell.(15)feet:in height. 16 1j371;(c X(a)--miftmWittOF (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 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 responsibi lities 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. 6-10-09 Citi,Couru.jl Revun4. 15 (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. ( .a CiI}: ittl d�5 00.0f'.t — ' N(.}t4t'itll5tail(litl£1'£ft1Y Ot11C1'i)1 )S'iSiCfnS Qf t}tiS Comrttettk[b20]'Lxifiting 5eodon:.. i 11 3 e itedfo�oi'aih ;;i�?1'i C?t'f�inxS,?1(:(;,all signsC�'fatty ',ills'..C:6:ftt{sttrli7'ii�i5t'1n-c()txilraere,sal speech tl'li3'S.. . ._35._...:..��� bt,poskxi fi"6m August I in any general election year lentil ten(10)(lays following the";eilc ml.eh'cdon and thirteen(1.::3)weeks prior to any'special eleodon until len(10)days:Following the Sptvial election. tits Atft"r" t.F oit :�bc�s r ��r be ide; commedt b2x RBpiaces:ew�tr�� entranc,gore itS 0b itditlg ordrivLway .-vhieh direct pc'destii ins c)r sc016',i51.122-•0ltcdforclanty_i vehicles((,,�,"employees etlirat�.cs."'`�xit:only',""rest rooms,"etc)shalt not Count towards tliv overall perinilwd signage cm a site;provided;such signs ate: tic) rnor- than toair(4)square fiect in awea. 6-16-09 C 1111,Coz mil Review 16 IRA FT L ak a L>Into Sign r1'COPY (N) Prohibited Signs 'l'he following suns are prohibited in all,xonixrg districts. (.t) igsl,;Jhatry cttti �..�n5'slgn_which obstructs the vision of inn mer£t,Cax�] Hxistii�gsecbm� :.1 drivers or pedestrians or detracts from the visibility of any off dial tra fic-contaol device. This includes,indoor signs that arc visible'.f em pu.bl is.streets. (2) �Uusi#T]O t�•affkc suns o: s i;na�'�any" situ which contains or imi ate (Comri�entjh23� 6lilsh sechou an official traffic sign or signal,except for private,on-premiscs �sr;£�] d.irectiotlal signs which do not interfLre with traffic oil public roads. (3) [C)if rekktrae s�ci��er(u�nl?�3 x r> �-Off !-grj}ises adv_ertisin�silts eXCc��t Cornment'Lri a1 aX�sun�'seanon, ._ . as s'peoif tally allowed, lsl tz£ts){3) (4) ���[14�#ilk€�145�'#Y€�}?Sar���.EC6¢3t1t� ���� fR{4;�t1NNE y 1�13 Si�s11 Gotnmen�Lb25�tltFpinceAHxismig ;shall display'any moving parts,he tlltuminaied with airy flashing of t�tln>(m interntitlent lisbts.rise cha£lgl£tg light intensityJ,tu3.lize sj)oIIiehts giving; ot`l'utt intermittent or rotating beans existing as;a.collecti.ot'1 or cxanceTIITaii0rf orrstvs of light(including but riot lirnit(If to revolving he aeons.beamed lights,or similar devices).or be ani.ntated, "l"he only e%ce'ptions to this provision.include allowable changeable cope signs; barbiiw§bop pole-ss;and static true.iemprraturc,and price in.l;orrnation Changing only when£iecersary(which ltall Ix,allowed l:lrovisied-t.he rt£esrsage depicted is reasonably arcuratt*), .:r �ummentiaLtl26] �sun�Se4tiou - (fi} 11l�ners, lC£1kk llit"�1 t 1 r13Uk153 Stl l�stwr# .wi No si Ott wbich_contains or Commenl�b27� Bxis�ng Secabn ec£nsists ofbannem.pennant,,,,ribbons,streamers,string orlight bulbs, 13i�;Izt, ){7p �au�arorQtarsy i A spinver's,or similar devices;exccPI whon used for rion-commercial purposes;is a goventm"..- W sign,or a.s Dart ol'an alipmved Master•Sip ?rc�r;rarr5 0r sl�essiat c-v' nt:'tcrnpor'ary r.i#rrl lsssrtrl£t. (7) �1'ortable 91go ]nchtdin�but not limited to signs with wwrheels removed con*menf ib2s� rx,sr�i;6 <tttElched temporarily or permanently t0 the ground,structure or other sighs,mounted on a vehicle for advertising purposes,parked and visible (i' m the public right-u(�way,hot:air or gas filed balloons;or senlitruck, umbrellas used for advertising. 'nis prohibition.shall riot include business vehicle identification signs whe ri-the vehicle is being used for dw.non al day to-day ope£aUOr]s ofa permitted business. _: K- ,I Coi►1men�Lb2N] F.��sdngSecuoq.. (l3) �Sirl�r skkppR,rfctl by at ''i �t`W•_....__ .. . . _ ... .._ .. _ _ __ ... _. ._... ._.. . £3 ,rzl t>t)tz) (E3) iiilIboa :Co1im6tir 30 Exisfing3=6on (�tl) I�lc�.tzoktrz'r�'E t��l�i��.GStGiT�c•?irRtadr+�_. _ _.. .._ ._._. . Comment.hrr3�] An extension of tine billboflrcl prahcbchon 9•om exrstmg 6.1"9 C'in,C'oura71 Review 17 i Dl6-1 FT X ak(r t Imo Sign Cmler._ .0 1.isAN COPY (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. b4 t lmmm and m -ft tr ail No Kilns atltcr t111n goyernm nta1 yiAsrs..._ eomrrenr[b3�j:sxtshng5eehun shall be erected or temporarily placed within any street right of vvay or upon lsl llti;(S)(3) public lands or easement;or rights-of-ways without Council approval. (P) Regulations for Specific Sign Types (1) Wall signs (a} ��vlall 311r1 s1�aJ{lac lac alc n13 the)sulrlxteast w�11 Lol anu 0l n11pa tnldtttg blot ahall it�1 lsrts} ct t��olc'. l►�rl Cfr tnche5=tralTrtl7�wall t€ --- �ornment[b8 � Ex,shng Seahon kthe st;11 i5 to b atlaed� �,ft 46eonve �ewe 1 , isnguagq was ratt,okeii tl>) a aE �tlFn�hxtl� rierf srt>s ltIL, I an rhe1�'at+ t TrttL t i ilr� tip.11 .2omine t [b3+1�;Ex,shngSeahon iiv ibh tltti rt#�i1 1StU{iL cifltDtC�411 1Sl]tl( )�7)S e�l,tedtorpmeven 2Drpbf<hetghCmaximumin�'avoxa�Just :: (C) W I signs uthtlrc�ezl by a)1�Ea ter rtgra l'tttgrarlt Small nc ;exceed 5 ,@ era eti,no, bC}t �re fees per��urtle ,ara'd all-Sit��slittll be uls}r113, c rst1sl;tni (rs Gomrnent Cbs51 Ex,ehng5sahuns ex,shnglattguegetrnto oneseotiod ror (d) Wall signs may be placed on not more than three walls of oiar,ty rectangular shaped structures or not more than 75 percent of the major walls on non-rectangular shaped buildings. � ''I Corrlment[h$r� Reonis sxlsung (2) wxg � 151 I1$(a)(i J) .pieces more'sciu my (a) Mural signs shall not be limited in size,but any commercial or non- nnsigas;pa,nteild�,reatly�fi:Waiis commercial language incorporated into the mural sign shall be limited in size by the restrictions established for the applicable zoning district. (b) In addition to the standard conditional use criteria in section 154.018,mural signs shall also be subject to-the following; i. The location for the proposed mural sign shall be viewable by the public and be accessible; ii. The scale and suitability of the mural sign shall be appropriate in the context of the surrounding properties; M. The artist(s)commissioned to complete the mural must provide documentation of demonstrated craftsmanship an similar projects; iv. The applicant shall provide sureties to the city guaranteeing completion of the project within the proposed timeframe; DIM F7-Lake L"Into Sign(:male'•--•CLEAN COPY �* v. The applicant shall demonstrate that the necessary funds are available for the proposed project; vi. The applicant must be able to show the final mural will last a minimum of five years and be reasonably resistant to vandalism and weather. (3) Projecting,Awning,and Canopy Signs. ,+ Comment(ti3�] StuAhtyi:$mtinn.; (a) I?ro�c i g Signs and NY.ni tg signs (la)�f It rl tt et lilt tsar .tn..g...a_ cl A at� e �lt,ki "kt co m: . n C;bBa] uiisan' eGe oA ......._ ... .. tnAfchthede6i&ioi,iptthui'theneWergo (c) Awn ing,or catiopy signs slxall not project higher than the top of the Grdi Anoe 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. (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. Ali) �'rr otttg I trts: � Si+nrt no ill g ele;ctrigily shall be:subject to all _ corhmen;[b39] rat,sitn6 seohon - _ __ _._.. t51;j]FS���(��.• Gthred tbl".G]AtteJf..in --- a p nlicable cloc.tocal codes cts may be ameaded, Overhead wiring for such applicable } � :utc�.ude codeA".a@ mey lteamended" sitars is prohibiter, (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. fndircxsl illtttnination car reverse lit letters shall t�;tl!e r.Dmmer►tseaaGn V'„ __....__....,.._ ... ...._ _.. : . .. _ _.. _ CB)(3)(ej---edited.' pe nn atwd.toychniques'forlighting,allsignswitl�in the Old Village ;blerilyto;t[gwo�]y.�,a��l. Sigtt.Distric:t. Other fortns of'direct illumination are proh.ibitcd. il]uinliii[iva:asidzoverse]tt:lattos.. 6-10-.0 Cihl Council Reveir 19 f31 AFT Lake l;Irsro ign Code1141V C'C71'1 (c) Wall Signs. . i, �� iafT�t"gtrs't�tl'z K,�id���l la�� ��tr l'�tt rt�r shill rl�tti pro,4eet 11t,her thaXt iltu'',1izt� t l �trte c}F 1�1 �sYtl ro wtteh tkr� t r1ri'be caffi�et�Litt l�7f��*t u�rnaasured)=i yn�r tTre Yra.st�df#lte�uldrng��all Gomman�[ba�.� �acl5hn�$eahoq ` f<tr rvhi�lr the�ar�n rs affixtsl wlt�l���s,� r�1cr�vt*r{ maximum o thegeneral stptit3erds for 13. Ball�r n� toT� (NdtirlEtrr� t rr1)r trI �rtt'nrrtt 'ei ley watt sign 3 ltt rt£ Stgz� I'rrrai�rtr 1tR1T tic t:or o X �Usyu4rt toe tei: ........ l�tt�tta�rla� �^ttrci ttl�,rsko��,Ca<tliib�,��r�.uai[�;c.tnttt�tt:rai'rr Ji��rtttc�r t�Xr7NEW mmerni��t�4�J $xistj Seabon" . 4 ng 11 I .](B)�4)tr edttefl forolanty (d) Freestanding Signs. i. G rk�1 o r tartcl�� t13r 1�{`�J�XI)zrgt r rt 3' s i�! �,1trlE rtt t x��ertj� 3i)),stTu _ f� ... ....... ... . ...... ... nn i i. rety�ttttlitr sX ;rrs,rn tli» old `t litrge s ►grr l�xstrrx t1T1 Trot: tUez1'lr�7Y cr t(rara stfrt, a� c �,u� cl fXrnr tlr4ver4e T mnnentlt fr44] Existing SeeXio{1 " 3adt�at llr bats uftlydsi3n cr�;rad�* srht naros rodwati tivhlhvea r le . Mimi*Ebr45.j,Exisen$SeaY " (2) rt _ st rig ia3trR> (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 busines�ies utilizingz,less than 1.0 acres ofland specifically for the growing of agricttltnral crops-for the business are allowed 1 on-premises gisgn riot:to exceed 32 gross square feet rrF,rdvertis4n�;surfaci; ii. Agricultural sales businesses utilizing more than 10 acres of land but less(ban 40 acres of land specifically f-br the crowing of agricultural craps ftir the busiaess are allowed 1 or 2 on-prernise,s sighs not to exceed 48 gross square feet of advertising, surface (with no sign surface exceeding 32 square;feet in size); Iu. .Agricultural sales businesws utilizing more than 40 acres of land specifically for the growing of agricuitural crops for the business are.allowed I ,2 or 3 on-Fr nlises sigma riot to exceed 64 gross square feet:of advertising surface(with no sign surface exceeding 32 square feet it)sire); IV. Sism(s)shall be in the form of an allowable sign type in the: uirderlying z011i0g, district. 6-IG-09 Cif),Council Review � 20 Dla'4 PT iTrrk Ehyu; Sign(..'n&. _C''t:ljA N COPY v. No dimension of tiny sign shall exceed 15 feet exclusive of supporting structures. vi. Any illurni.nated sign shall be illuminated.only during;those hours when business is open to the public for conducting business. (c) Temporary off-promises 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 snore than two off-premises signs at any given time to dimot the public to the location.of the business. ii. ' 1triefra.m.e 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 tuni.poiary sign permit shall stipulate the range of dates for each of the four allowable time periods in any driven calendar year. iii. Size and Height. An of-situ agricultural sales advertising;sign shall.not exceed 50 square feet i:n.area and shall not be taller than 10'.feetin height. iv. Setbacks. Of#-prenuses signs shall be a tninitnu.rn of 25'from all side property lines,and a minirnum of 50' from other off- premises advertising signs; v, Permission Required. Applicants for off-prernises signs shall acquire permission from the property owner upon whose land the sign is to be erected. (3) 1-94 District (a) Boundary. The I-94 district shall include parcels within the BP, GB,FIB,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 tying between Hudson Boulevard and Interstate 94. til(r(.�l('enf:`ormcil fiarirn: Zjl f . DRAFTLake Elmo Sign Cade-,-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 I-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 I-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 I-94 District may have one freestanding sign within 50 feet of the property tine nearest the Interstate provided the sign does not exceed I50 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. (g) Window Signs. Window signs in the 1-94 district shall not cover more than 113 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) �tbs[3tutign�,; 'lau The owner of any sign which is otherwt5e allowed by �ommenrinab] �,sa�,&Secdo�� this sign ordinance pray subs1ifit.e rion-comr emiaal speech signs in lieu of any other commercial specch sign 01'other non-cantinercial speech sign.The purpose;o.fthis provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech.or favoring;of any particularnorl- comnwrcialspeech over any other non-commercial.speech.This provisiou Prevails over ally more specific provision to the;contrary. 6.16-09 Ctil,Council Ravi w'. � 22 1 . i I • DR t PT Lake Elmo Signt Cane CL.L A..N C.' PY (U) Temporary Signs. Comment pb49� lacisnng SEcUon (1.) la�tttil s� Tent.qlr lr Si Cis ma' he A.Ilowed a Ton issuance of a Ii_.. _�' _g_ __ _ . _ -__ .. . . _.l a.. ... ._..... _ t 51 i;I )(5}*3rV�nor o8rtfo swrtoh: . permit for on-site advertising of special events such aS opeWng!S ant slsn,t7Pe from;gtaund sign",-to"nlloweti_` closings,change in management,sales events,or other special �,sn cypea�mihoiYku�crlymg.zompg occasions. No more than 17our temporary sign permits may be issued in any calendar year for a given destination,Arid each temporary sign permit shall run for 15 clays. •Temporary sips for special events shall be subject to the following regulations: (a) Only one on-premises temporary shin shall be allowed per busiries: or event. (b)Ternporary signs shall be in the form ofan iHowable sign type in the underlying,zoning district. (c)'Temporary sigus'sha.li not exceed32 square feet in area and shall not be taller than L0 feet in height.. (2) `denttal deve.4pW4 R vx' as>ng lg s� Independent of the total commettx;trtaa] sungs��non 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 wliich csreate ten or more dwelling units w a a!#awed one(1)o.n-preni.ises ground sign.riot.to exceed 1.00 square feet of advertising stir Lace; ii. .7'rcjeeCs o.f2(i through 50 acres which create ten or more dwelling units are allowed 1.or?on-premises ground signs not to exceed 200 aggregate square feet of advertising surface on the project site;and ili. Projects over 50 acres which create ten or tare dWel[ing units are allowed 1,2,or 3 on-premises ground signs not to exceed 200 aggregate squ,,ve Peer of advertising surface on the project site. (b) Restrictions. i. No dimension shall exceed 25 feet exclusive of supporting structures. #i. The sign Shall not remain once 90%of the lots in the development have been issued building permits, Hi, The permil"for the sign inu.st be renewed annually by flee Council. i;-;1.-09(.'rry C"ouru;lt fteirdesH 23 f,RAF i"/uke Elmo Vign Ci.nl.........CLEAN(70PY iw, C?nly indirc;rt il.lu�nination is permitted aa�d.sl>all only c?ccur i _ during those:hours when an on-site sales office or rnode;l hone is open f'br oonducting 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. (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(d)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. 6-16-09 C'a7.v Colirxit 24 d A'AFT Lake,l.'fr; o Sigm LAN(.(.)PY 151.1 J 8 Specific Regulations by Zoning District A) k Se r c Si ns.sh_all. ..conform_. _to-.the set...back.. _ g._.......ns re t latio listed in table �commen [b�t9q r�,e�Uie . . . .. .... .. . .... _. 1 for the zoning district in which the signs are located except as may be stbedk reyuym�entg specifically exempted or restricted in sections 151.117 and 151.118, s FronC Lot Line S a S S 5 5 5 5 1 1 I ! ! 5 Side Lot Line- 5 5 5 5 S 5 5 S 5 5 5 S 5 5 Rear Lot Line 5 S 5 5 5 5 5 5 Ip IQ 10 10 IU 5 Vehicular Access 5 5 5 5 5 S S 15 1 S IS 15 i S 5 [1): 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. I 6-16-09(,'a1t f."Ouncil Revwi 25 C)Rrt,i FT Lake L Inan Sign C`C3JIF B The maximum allowable sign.area for an individual commttt[b5o]�T3ns table represents n coordinahon of exisrn si sign and for total site signage is listed in table 2 by zoning district. These rhea requlremants to the best of-:our maximums shall apply except as may be specifically exempted or restricted inbil�t,e5' sections 151.117 and 151.118. M R I,R2,RE,OP(3] 6 C 6 6 6 12 square feet R3&R413] 12 C 12 12 12 24 square feet 1.0 square foot per lineaf foot of GB,HB,CB,:LB,BP,&PF [4] 30 45 C 30 6 [5] No building paraliel 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 permlt [2]: Ground,monument,or pole signs,where permitted,shall be limited to one(1)per commercial establishment, [3]: 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 9.75 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. 6-10-09(in,{:o rx'd Rerieo; 26 ►ARA FT 1 rake h loto Smart CMILr-•-••C;L EA N C OII Y (C) �ftri?aestan[1ina ib>< s. The h maximum allowable si n heig...t fora eamrne�iC[b5�]i mtuk,tatile, _..-_ _....... .. .... ... _ __... .._, repro ents a reaonable nppr00; to freestanding sign is listed in table 3 by zoning district. These maximums shall '7Ta..a,d�,e;ghr.�riex� ums,t� , .. apply except as may be specifically exempted or restricted in sections 151.117 various�oning:r7isc iou� and 151.118. wag • o IA o• Allowable Height 5 5 5 5 1 8 8 5 5 20 20 20 20 24 20 l"n feet 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 (d) The colors,materials,and lighting of the sign(s)are restrained and harmonious,as interpreted by the City Planner, 6-I6-09 C'Ity C'oumd Revtevv 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/A intersection, etc. o Consider regulation that would allow an entry sign in cases like this. c 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. • Multi-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 I O'h 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 • Amount 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 I-94 corridor based on the higher Interstate traffic speeds and the resulting need for larger signs. i I E'h'7SMVCf l:rtfic: Cmile SIGNS Stgns have an Impaot on the rural earacternd quality of;the en�+ronrrientin 1te Elma: They Jxtay attract or repe]the trlewmg>publzc and affect the safety r5�vehtcuax traf'fid' .f1,s arural comrnunity Lice E�rno Is�trnque `The-proper confro7 of signs Is��' partJCular trrJportance laecauSe of this rural quahty anal uniqueness signs should be a�f wlthfn xeasonable boundaries consJstent with the ob�ectives and goals of the comrnunit to retain ItS specie]character and ecou�mia advantages which rest 1n...... an the Iii,n,ts.ti<»sFriti4�vn, nviW 00.Orduiutr by tfic:3c e for e update , of its;appearance Tare followrng standard °ilr the section are adopted to regu7ate�s►gr►s.I cisu�mrola iji,s tt„a,g tnet,�aF�►s 3�uutripa IS[J L5(ri)(!)irt:ihtiaruw (1997 Code, $535.01) , oiaiienca l y ` __ oinm nnC lb J lucnteslam ` aC rti uFmg J 4 raj � -scebun (A) �To sign shall be ezectcd,altered,reconstructed,mhintained or moved Jn ke crty without first securing a permit frorn the pity ThQ content of the message ---- or speech displayed on the sign shall not tie reviewed or c°onsiderediin Iiolmttn�e }tu �� t�a�na coon deterrnlmng u.+hetler fo a . rnyeQr den, asi errnl# _..� .--- (B) �ermanen#5►gus. Tfl apply fgr;apertnarietit sigi�perthlt;a conajj� ls application shall be submitted to°'the City:��onta�r►ng=t'he'failow�t�g�y 1. Names and.acitiresses....f the'appl►canE'oWtiers ri#'thesign.aZr ��l 2. The address atvhrch#hegr� �attga4a 3. The legal deseript d oftheproperty on tiVlzicti the st n(s)are<to be} s e to l and the street ph, dh fhey are t,-front, 4, 1�complete set of scalBd plans showing the sign dimensions,area haiht ground elevations,applicable setbacks_,ancl�other detatls to fully and elearl}+r�present.the safe ec±nstructionand;pl;acement°:>yf'the:proptad signs 5. Typetaf eq sign()beingruested(i 8 wall sij,t3 : cfenf; ili�' e 6. di ;perit'fee}ra 7. The following it alppl;Ga �e a. Written authorization from the property.owner upon who.':s land tyre sign Js to`be erected_; b A perms :from either MriDQT or askanigton i✓bunty Jf,"-tkie•propc se�3 sign is along a state itgt;way o Gourlt�°roa8_ 6.10•09(:'itV t.'r LIM-i7 tt'04oll, 1 EXISTING Lech ,Elmo�`iign Code c 1An3lan sltawtntgns fflr all btl �rtesses tithe sign stg �s located on,a i • �uy]�tng uvt�li'mare than one;.bustness dhiatagraphs_ fthe bnt[dutg dace at1 tie building faces of bath �d�acent but3tngs tf.theAT-sWillis beirig;placet3,7n an extst�ng structure; • e ]�rep]actng�htsfor�oal sign;'ptctortal pro�f or�ctther tn]•otrrtatton that _ Comm th "Nmv,rx cni�on e sign is of'htstortca]Stg?x�aance qr is��raproductton qf�-h�s�brte entwpb 5 (C) emporarytgns To ap1y Ear a permit t11nvu a temporary�tgn a ROF.etMp9tcat�prx Sha7)lae ub?n tied tr2.t ie It contain�}g the fo3lpwirig 1s and addresses otite applicant,'ovuners offhestgn,and lot; 2, headdress at yvhyahkthe stgn(s)areYtc be ereate� a"gener Itzed¢lan set s o tiagff to stga tlttne ons and hAg1t;t,a>ad a 3 ' �btattnn,�fthemateC�als=to,be i]sed: 4 'scaied s►te plan rr7ve�t Clearly reps esentsthplacement ofthe prop©sed. gr►(5�-on tl�e appltcable.proptrrty 5 pr ppsetl timefratn ;(s)ovar,wh2 ch tine stgp will:die poste. ; 6. Thpewit fee,ai3 7 Ike£ol]vvutng t£'app]tca[ie> a. '�rttte��uthortzatton°from the p{raper�y owrer,upanwhQ gs��d� sign ts-tb be sCe�ted' •' b, peimttfrpm etther'1vInDQ or Waslatngtom County t£the pr osetl Sign is alpng a state lrtghwy:or pouny road b t bsl ornmeq i[ ow,n srcr op; `. i"�1�"JYi�u1�{2�m tTiunr.w Ur,l,netll.'�i�.;'•; (D) �++gmporary Sign R'ene►vslr3.�temporary sig-n,pern�tt+issued by fihe-;tatty znay bs�retewed poVtdedjthe stgt destgn�$tie,lt�cattor�,aF afher prevtAusly. ...._,.,_ 'lp aproved details are nest prt�posed to_ghange A stg>i ren�waipplrcataon sha1I • tnude�he:f¢lloyyirig l Iixtus acid addresses of Ehe apploapt,owners dithe s}get,and Aot; 2 1?he address at ash thesrgn(s)_are to besereetect 3 Tkixr dale-et£tssuartee otfle perm being renewed; 4 Ttte.prpposed ttrzetiame(s)over vwhtch tli stgn(s)wttl ba posted:; fi•-1tS••Ul Cr��C'atcn4:c`l I�rrt�rrnr 2 lXISUNG Lalfe Elmo Sign ("ode 5. Written aut '6hzatt6n from the-proper€ytawner upoTm. 9's to id lie gji 9 to be erected( applicable),ari ^- _ v 6. The.perrttlt renewal. . ... i��lni3�((!�{s �x,incrtBR oir3,unntie ev>ew The lane(E) (R p _ Ing department shall appro�o oz deny complete sign hermit appllcatloils I�Pon,recelptvf a eotnpleta applDatloil If the perrnl is denied; theplanning depatmentwlll send a wrlttn nottGe o�dBnia}to the' a�Itcant Tie written nottcewill indica�.e�fe reasons},for+3emal aT�da des<arlp�l�n,of ,iro�nmenti[b ]:°�a�W'�u�e6n4,� .>: `:: th 15:1;.I}t�(4}(gy:in the Ilowordinxnce'. ; e applicant s appeal nghts_. ... .. Uzi]ess specifically defined wlthinY§§ 151,11 et self, common defitntion , a ,r �.d phrases used in this code shall tie tnterpretedo as to give fh.m thc.same meahytg throughout:ths code;and arejopndGit� 7ts senso�rv'olFtme # rv,myL9hany�tnpurr h�nrt,qa n �zneegs 19} Dde 5 t .: _....... _ .._._.... _ .._... _... .. .. .. .......... ....- kt uFaA�t�TI �drh nlu,y,i)�`kren i rnuft remise4slgn" '.a commercial spe>✓eh skgn which directs the attention of thetllle txa ��,l e�s�it°c��eim t;" o s" Offp to, o a�tazsmess;.actl�tty condiietedi or product sold ar ofFered dt al�ication not on the slime: nk„v± , lot where such sign is lgeateel A sign 1'ocateclvithin anasxienf or°_other appurtenancse to a.lot on which a 6rasmess.is ipeatel shall be deem>d an,ofF prei7lises sigia `On premisestgn a sign uhleh Ident�iies ar advertises an estaliltslimentlpersont actt�ity,.goocis products or seFVlces,Jocated;nr�the,prernases where"tile sgt� l �instll3y. "Permanent tgn" A sign constructed o durable materl3als tlesi ne+3''o eKilS.VT the duration of tfine that the use;ai'occupant is•l�catecl-on,the±pxtatiilse�; g11' Any letter, 4VDidKor symbol;;deVlCe,pOSter,picture,statue,,Teadtrig,-tnatt9r Or repT:e^sentatlD(i In t17B-IlUtUrE A�an�ZluErtl$EII1�►It,all,[1Qlln�en3ept�ml;$SagE,`9T.ITISL[�l cornmunicattrin whether painted,,posted,prtnted,affixed or�onstruefed,whch�'s displayedorinfgrniatlonalr camiriunieativc puipoes ands visible to the generl puUiic `Slgr,Real Estate bevelopment°' A skgn a�fermg for safe,Tease,pr rend a single�airli��' or multiple family residential project;of IQ or more tlw�Iltng units or lots Real e5tae deve]opinentsigns shall be admtnlsterec as permanent signs''sub�eatto.all retno�al. requirernentsouthned m cone :ti,.MSTIAIG L Edit.t'.fAnto,Vigo Code �'Slgn,Agricu7ttara'1 Sates' �-1-�rg��l��ed on a tat or parcdl a'�laird;�d�orkisin��1 �F M mperatin and permiss>blegr�cu#trlral sg#tis ybussness Cuff premises agrlcuktur�l sales ��grls s�ali>bsadlnurtsteT�d'aS..terrtporaiy stigi7�s Subje�t'�;t5.all remo��l regturern�nfs �btt�lllne�l�ln code:; " tgtl,yWnyslde,Stmd"_ A sign Inoatedjon-a to npprary S. ct4 or veblole being used to sell gr eziltursl flnr�cultura], or barticliltural pToduots' �;f sic '.i � xi"w� �' s.„s ,. G�Ommens�[bS�,1WFYiM1h�d1FriY�y ernglll y sign°lritsndet} or, C#lspayvera shRrrperipd oftlme) odd!nnia� 1518� rNS�; NRAL�,1' �66m6�ertl[ti]bi C 1,ern�st,�mdnicis heollowing:prvyisions.apply to signs located rn al]'zoning'district§s asnhn �luuict#�n€ot9o,s 15 P tl� �'�! (Ba� (1) IVlaintenrYtee All slgns�nd strtzctl�res shall be properly ina�nfia�rled and Thal]be nonstruoted dfsunrent�y pelrnalent lrlaterla thatttlay steal]natksuccumb ti iatertoratlonrorn Weathering any a�ststing stgn'br sign strt}aturs W�stoh 3s rotted unsafe; �de'tertorated,defaced ar otklerwise altered,shall;k?c repatrlteti,repaYreci,'replace;i;or Comm@nt[biil;11,lsltxa�slrP�,eruns ernvvecl a811eCAr5S. ( kwwrZn!,ss�xnc3711nccdiv!= (2} Ele�trtci:Yl suns- �C�hert:�electrtcalJsigns,are,rrJstalied,the installation sha11 k�e �ommehc�[bs.��r�nw,��s�e�x�,k . ublecl.C_o tote state's elea e.,,Qy.rr ad,eleptrloal wiring is�otallawed� d���l'�s�mn>b��nts�o��uyfoiuolucic ��� (3�' `Pub�z���zznds rrn��zghts o,�'way �N�"s><gns,t��h>yr�tilan kgovernmentat,slgris I ,>eakament§.o��tghts,of ways�yif15t5t#'f- pk?nCtl�appro�a�l�_ .,.�-..�. — _, � ) xr{gress flf egress e sign nz struatlare shaI1 be erected or maintalr, if it prevents free ingress or egress from any door, !tndow,for fire escape I�b,stgn;or sign Comiri nt Zbi4# Sims 1041t� u a#rt�cture shall,be attached to,a standpipe ar frre escap�.� ._.....� +nmiira�i'tvst m section 151.11���P (�`} Tem�orry signs 'Taxlporary signs rriay b al#owed upon:ssuallce of a perm#for on site adertlsing.of special business ev JE ents such as openings,,an z,losings change in n7anagement,,sales rror�thari four tein p orary_sign perm ietsv emnatsy,or oiler Oil, veca e issued In anyalenstdoanrsy e_a r fora;given dest�nataon,end each temporary sign per nit shall ruIll or S days; ',pin ry.$�gns shall be sul je4t to.the'1'ollovvmg,regtpations EL, Dtt1y one on-prem>ses;temporary sign shalt be a wed per business or e'�elrt b. exceed 32square feet mare and,shall nat;le sy;n;tYlie&um gruiunisc�n':uF"xlluws�t �!f;!k;fY[?es i��tl�o•un�lailyfl,g�tAnny dntnut�` 6.1 b-09 C;it P,(,"oum:il l:arrriov 4 Gh:1,S`T Nla Lake Elmo.Sight Code ( ) Abandon d tt^tte#uYes ,sign stnaGtures»at used fnr s�gnYngafor Car'; t fbY6 i dctedaiictpLwexl Ii1 consecuttvemonthssholl l?e onstdered abandoned atsd shall wIz�t � (7) (i7rnptrtiblUM All signs shall be compatible with the building and arelr In which iite'p are located. ("1'aer vktaue•-•Removed) I '(8} Flags No morethan 3 properly ilsplayed flags may be'dtsplayed outs�defl cetnmen4`Ift �bJr1Nnrranaeetmr } the bgt]dmg;I.. .. _.. ....... --. .. ..... .... .. .... .. .. ... . ...... ...... ... ... . .... . .. .. . .... .. .. _d f 18�f10Il1rle Fl J (9) Preserwhin gf`visuul impact qf'urc3tit�CI.7EJlt1,�L'ftLbfi'E.,s. A sign shall trot obscvr4c architectural features of talMildirtg to vehicle t:he sii;rt is attUC IICd. ('Veto VRgaae, arrhitee and features can bv.practically anything., need to itiffereaatifate tl paq of features to be protected If this is included—Removed) Rar►menfSCbcB] TfaK•ia,•sedtiun:. '.:- ^.,, a�a s 15l''�17(Ci w ktliteci m u!!tlrutia humbar''. (Ip) Butldcrig.aim ess A building—Pa ess shall not;0e�artsMIc erW :sa .._ hri�lir<nt>d�,,,11aia,grdenfifiopt,nn.:: • ncarkrn�lplaitiec:. Fop destg»signs,{ ra hie lesign s skt ilk requare a condattonal.use Coinrnent[b19] eta i„�e� ttt, seeian 15I 117_(Y�(�) citi{i d hi ri quire permit. ___.. ._.__.., ilf,eptrr sC�{itilty.bxei .Uii]rAt 31rti{8 (12) The te:mis of :151,13 i er seq. may be'tivaived.if the: sign Is a:historic resource or if the sign its a proposed reproduction o'f a h:istori.c siren. (removed•-vai iance would now he needed t'or any waiver of sigu requirements) i k13}. , : G`ompttfcrttons llrmenstonsofstgns'shaill be ctr(�tati tnE�llvug r�ranner i..... a. Slgnv Area e�surei tedt`y'. The;area of a stgn slali be comPtrted b}�txlcans of tl►e srnalJst`�rctangle Wat Otl In' hack=to beak slgn faces coritatnixig sign copy,tha sign aret`��ust�b�e face<Is counted toward the allerwec) tgti area Poles;bases,rand-•other sarpports shall not lie included In thestgn.area oalculatton b Measuretn�T lte,he�ght a�the sign shall be computed as the vertical 11[staaSee measured frbm the average grade at'' e, aseSoffthe stgnrto the dap n ax a Gvmtttent Cbzo] Tto,u r lasedtton nyp llag�est attached catnponPntofthe sign,.. �,I�t,�l tr�ci._:- �-�. '^�µ �} 1513.19 E F..rl'Zw.i�F`l..liT���i!a)Sl ..NS, (A) The followitig signs are allowed without a.permit in all zoning districts,but shall comply wide all other applicable provisions of§S 151.115 et 1eq', 6-•16-09 Cip;C'oum-,il Re viety _ 5 fs.A':fST"l'ISG t afar I:,Cmo Sign Code I`l (B) (1) iPulilrc signs, 53gns ofpnblid,note cntrirneratal nature int;luding safety signs,danger signs,trespassmgigns,tiaffic signs;signs rndicattug scenic or hsfartca points ofsn#crest,memorial plagraes and the hkg,tivhen signs are erected by or.bti order:of Camment[q;t ;;Nowrnaecuoos .. ' isi,itrx{a�3}r�alxnzt�isi i i�(o�:: prlbllc_nfficer.of employee,Irt fhe perfgrmapce of offiejal deity,:.; _._ . _..... .. -- dust.navelex}b Ur�A�ilNt,og;,Ib . y �a'gnu a}<owaAlk3Ui cb s R s of pnblro. '; ( ) Integr a7 sagtas, dames biz buildings,da#e ii i;o�ietraetiou, somm nibrafa�e F i ]wins miU ltO4rJ5 tablet,and the li7ce,tivhi h,ars permanent consti ictioit and v'htch areaan integral part of mmenC[If��1;1larrm se.6lrun # �b�ildingor;fhestruture;1_ ivt Ira:Ct�} r+ii[�JFora3angknil . .�:rw�irresi R'tth'la�olge poveniinAhadBs' • atmfb�rq , (:3) PoliriGal signs, Signs or poster;arinai,tnchig candidates seeking political -- -- officc or issues to be voted upon at a public election the signs must contain the name and address of p rsor!(s)responsible for its rernovml ()teased on content removed) e signs�3iallibe erected nn more titan#Sadays be3'�re any electattn and be remo>,�ed l0 dais a$er the e�ieral'electiozi fQr v�haoh fhe arert d Cflmment[b23a:Nn�Yu,sr�uon 1 hemoye anc destrriy stgrsftert]ae�D etas limit _ isi i.!?,{r� edrteafcualxurp l (a) Si e. Resrd itaal Ihstrrcts -herM8.Mum sign size shallJ,lie sgtaare feet in nt4ment[b q]:hoH tr,x�euotxro 1S iIR(R E('};`.tes,detmaL3i�ight ''. C;ornmc�rt:ial.1)ia`tricts. '1"he ni<lxitnuni. :;ize shall lase 35 sr�uarc is*et ire area. (elinxinated in favor of general sire restrictions during non-election tilma) (b) ITtStwithstandingthese provisiniis,all nni7�comrnerclal signs at`any sire _ may be posted from Ac gut;t I er a state general.'e jowve!r urattl 19,(lays foilowmg flit; Comme>ii[bzs7;uoti�il5�rlco, 5tifteeieCtlDI1. ii1i ;tr��.. edtieltocctgtti},' .. I L........ » _...__.._.__.._. . ..._.._ _ _ (4) Floli(#,me-isages. Signs or displays which contain or depict messages permitting to a national,state,or local holiday and tics other tnat:ter a.nd which are displayed for a period not to exceed GO days;(Based on content-r removed) (5) 1.onstruction signs, A non-illui.ninated siun atinowicing the narnes of architects,eng mAc€rs,cbritmotors,or other individuals or finis involved with the mnstniction,alteration, or repair of a building(but not ii ridudi ag,any advertise:niGmt of any product)or annotxricing the character of'the biiilchng ent:erptise or the purpose for which`the building is intended. The signs shall be confined to the si.tc of fife constn.ictioti, alwrai:ion,or repair and shall be removed within 2 years crfthe dote of issuance of the first building pertnii or when t1w.particular protect is complete d.whi.chever is sooner. One sigh shall be pernl.itted iisr cinch street the project.abuts. No sign may exceed 32 square ftaet in.rnttiti-family residential,commercial,and inclustriail districts;aricl 12 square feet i.rt single=family resideatial districts,(Based on Content--removed) Cf-I 6-(19 C.:ittl t`<sunc,rl Re view, E'XI,VTING!ake Elmo Mgii Code .� (G) Individacal pr•oj.7er•ty sale, lease. or re ntut fiigm Am on-premise sign anuounc1n2:the nall1e Of llte owier,mmnaia er,reahor,or offior person directly involved in Ole sale or rental or tile property or announcing,the purpose fiar whicli it is being ofl'i::red. The signs are limited-to 6 square feet in r"-, idential,districts and 32 square'Feet in commercial distrim. Signs must be removed within 10 days after sede or rental of property;(Based on c:onte<nt- removed) (7) l iewrl age sale signs. Signs advertising zt rctrnmtage sale not exceeding 4 scluaic Feet located oil private propelttr which conforrn to the�applic ah.le provisiL?m of this title and are removed at the germination of the side;(*ftsed on e=e nte3nt-rernuved) ((1) Name plate signs. (Based on content— removed) (a) iJ11e.name plAtG,Sigi1,,placed oil as wall af''the.structure,for each dwelling not exceeding;7 square fieet:in area per stnl.cture. No signs shal I be constructed d to have more t`lian 7 surfaces. (h) one Fiume plate sign for each dwelling strotlp of 6 or nwre units. The;Sian I shall not exceed 6 square feet in area per surfacse. No signs shall Ise ccjnstrUCtM to Niv'e more than.2 sides. } i(9} Redt.esti{te.deue3opmerrt.proleu ldvef^tisjng lgrt n prerruses real estate d@velop neni pro�sct aduerfising s1gnI niay..,,q if°t J-6 jng fd kt',remerjts are ene# 1. I�Iin�mpm Deuel�apmen{' I��? I a. Projects of less than5 acres which create ten�[i1ii�ge I dwelling units are allowed on>p s.es,pgn n ti,'sxof ed I00 square feet of adveAising surfacer ii. Prp�ects df 26 fhtaugh 54 actes which create ten orjje d.�ellmg unjts areallowed 1 or 2 an premises signs�na"t'�to ecceeci 2Q0 aggregate square feet pf adertismg saaaaceAbn the project site,:aj;tl' Iu Projects over 50 acres witch create ten or mare��te1ljxxg units are;aiiowe1, ,nr 3 oza premises signs nod toxetar, 240 aggregate square feet of Sd}!ertlsjngsurfaF+ gafifje pra�sct sited 6--1 6-09 t'iti,Couned Revsrw 7 2n premises s�gn:requ�renent ;` :dimension shall exceed 2 eet excluswlD of supporiIng stru�tut'es , ii. Thesign shall notremam once 90%-ofthe mots m the dev. lopment havebeen rssued builelrng permits;: ui. The permit o7 the s gWin uSt be ral ewec�,annually.by;the �ounml,. �1 ordered with a decorative mater.,al 4zngatrblc'vuitwthvspnround�ng area v. �y it uncuq t�t�sign OW11 be rllumuratetl r my during tl}ose hours whn_busmess 7s jn oati ox whCM ode er pri ell, ] omesaor,othgr d�velomert arepert for conducting commen [g26] N°k�7u§�°don hpsyness:: .. . ��1,�„�lr,grtcultural sal�sta'c�vertrsrng�rgrrs a. Qn Pre�xszses. Qn premises agr►qulturl sales::advertising signs maybe �a¢'ed s>abjeot�tothefollow�ng requ�ram�nts 1 reagE cedacate.;d„to agres3l# ft uralprodtTct�on i, 't�grecultural--sales businesses util�zingless than IQ acres of land specifioall for the groyumg�fgrxcultural crops for the btrsfness areallorved 1 oh,prem�sessz gn,not to exceed�2; gross square feetartvertrsrng surface;: ii. t'gFcultural-sales businesses ut hzsngm(�rehaa acresof laud:but less than 461.acres of land spectcally for the growang�t�agrrcu�Cur�l`crops fgr`tktabus1ness arE a�loyved 1', r,�2 fln preYnisas signs note axosed�l8 gfesssquare�eet.of advertrstzg'surfatre( it ttCher sign ecedrng{32squar iii. rculturalsales buinesse uttlititgmorethan 40 acres of 1an+i'speorfieaEly for=the growing ofagrrcultural crops for the busrrtess are%allowed'1 ,2 nr�oq�pi•emises:signs irpt tQ exceed��}gross square.feet�faduert�s�ngsurface:�with no sigr�,�exceei�ia►g 3�square.felt m size);: 2 ?[��@E$ a�1:TegUII"eillentSr' i. 1oidrmension ofxny sign siallexceed LS Meet exclrs�veof suppe�rting structures fi-I6•119 l..:rti,t::`ourrcrl lZv vaeia- .,,.�...,...�_.,.�.�......�....,....,..,...�., $ EXIS!!r I Lake ISUntoMpi Code, u 7'tie.permt fogy th'Vstgn must be.renewednritiallyhe C.ounctl in All signs shall be°bordoredll-wl A rleuQr i3v.. n.#Tb s( compatiile wttlr:fbe surroundinrca'; fv, Any allurrttnated sign shall be�llummated only during there lours vvhen,bus?»ess Is.�:pen to tli�Public for,aonduottln b�stness b Uftprem�ses t1n off pretritses agrioraltural sales-Al lvertistng signxta be used iftle folloyvmg requirements are rret' 1. Maxnrtifn lusYlber every agricultural sales lsiri;ss.shalX`he ^- no more than tvuo offypremises signs at aay giuenrrie tti dtYet k tb puhlt ,to the locat�an'ofthe business.~: 2, Offproiiils t qui meri i ;4n off site agricgltural(sales �d�erttsmg sign IT":note rAdd SQ sgU2troeet in area,arit#shall nod MR.tallerthan lit lghtg • u �ff prentses stgns shall_be a rritntmum of 2.5 frrnn�atl�i�e property 1�#es,and a Imtamum o 50 fxQm other.o premFses�ad�tertlstng stgli� - to Applicants fox oif prerivses signs�s�aa�l�aoq>Zi�eap�ert�esion from theprope�y owner-�upan rvho°srk$ia�l�le_sgn�ls ivOe erected:' 3. Timefrarne 6fuse ,EiI evone-orltwo off,pren tse�agr cuFtural„ sales.adverlFsi g sign( }may lie erected fora A- day,tirne pertoli no more lhanourttmes th any-given calehdar.year Thenequd CommeHiNjii?1i9 El yearly pertntt shall shpu]ate the range°;ofdates'for each Mthefour lst,it7t�l�a} . ......._... .. kll) Waystd�StdndsignempAra Yaayce RW Tryl --- have one non illuminated sign�s empt om Rp eq -eznents)n,dao ^° exceed 32,gross square:feet ofad ertising surf��e,l ti,e'newc�iditlmtice (�12} l�tnitow atgrrso sign perintt�s required£orwmdbvvrgn fhb obis not cover more than lI3 of the total area of the window iri whtcithllsigti is �� gy' �t01 Comfnen b28� N i.C9b )) rgmo ..Rye ands tI1LC S�ibE 7L5�7plYbf t�lC ClN 1SII1fi 1 StIL'fi • - �%t�3{{�`'�yl[ft�FIKRI�S1Ri1N�,'tlill!gtlr[crnl:yidllno x[,>,> ( 3) , resaszt3 �'igarting � tts 'frpsrngrntl ntu�ungtn shah k�e rrdarger:tltan squar�vfeet E.'XISHNG"Lake h7nzo Sign Cade (1997 f:;ode,; S,I �Camment[b3I.7.Proh,lnted,srbns oze §x31� � P)fQII'1CF�D c �U' :� . L��� � C nnwl�stedlrctiethoii'J51 U7t�) ( The.followingstgns ar'.e prolibted in ail z©nrlg drStr3cts obstruciingvrsto Any sYgn , to obstnaCts theWtslon of drivers Comment[b3xJe'Nowzn setit,no ot,p�destrtans a >iefracts f>omtFLvisility of any offiotal..trafic control device ts, ttr(N)(1) �,', (2) Untllcral ticrc cr srgnals Anyign�uhich a©ntains or]mhates an official Commen�[baay NawtnSCutton rafFi6-m8n,or signals except.M;.prlvate; n...prslrtlses direr llnal signs (3) Qf�premrsas acluepti :ngrgns ,(Of!''prelnises aduettsing signs except ds MammeWTba4� pow zrc�ectron regulafeii m§§15, 115 �,�� , (4) Mc�vior i�atatings�gns A.ny sign vvilie�t,m�ves or rotates;including lectron treader board:signs,except appxovetl ime and temperature aiiformatian'signs cflt>imenl FtsS5] rectror, untl barbBnpoies:� 151 51;711d) �aMbn,tii: t(xotazat :p�roLtkzd'eQ�b CAtYg'i,a�&PorrirlutYt}. - fI(lut>zlrl ign slia7 display lirly xmovingagarts,be �Ilummatad with',any l shine or iiitertnitt8nf=. ,fs,or sf ai[.be atiitnatet; exCe�st lme and temperature tnformattor► sll�be lhie7dec1 Xtti prevent any ightto be dii' irected at+Aneoinirlg franc in4the bri lxanl;e as tv impart the wvas en oAf stay dra�el� F::' devrce shaEl! ll e illurrrul red an rrtanner as° ;nnterfere with r obscure ail of iclal trafric sign or C3omment[bS6 Nom an x,cit,on r l51 117;N)(d) eomlifntd vnth atN , signal.; his ineiudM mcioor signs that;are vtsrb a from;pubire.stroets;,l c ' ... Corye1n�111r'[b37] Iv�owJh9ecl,on ' �`, (7) Banners pennr�ntssr� li�ns2streattt rs� t o signwhto Qbniainsoruonslsts of banners, pennants,nl bons,st comers,string oflight bulbs,sprnner ;-or slLrttlr devices,except;where used for ton ©rtimercialpurpgses or part of an approved sigq; comment�bas�'WoW rn tietHron ' f 15 L 117,;iJ)(G) p� yl...... .......... . �,Y' (8) 1�arlaZile signs )<nClu$tng but not hnited fbk signs w'Lth wheels reri�oved, s�tached temporarrly or perruarle?itly tc>the ground,sfrtrcture or`other signs,�mr.)unfed on a l ehtc7�for adv erGtsing purposes,Par.kedand vtstble frciti thcpl bhu nght o..way,except signs tdeatifymg the related busliess when theehlcle'is being used on the normal da}�= =o day operafions of that;busrness�hot air or gas;fillerl.ball oohs or.semitruck umbrellas ewtr+rn►erft[b3s} rrow,�,se uo�, us d fqr advurhisin 4,611174(,N)(7) ig j Buildang wads Signs pairitekl directly o11 building balls uafess ipprvv�d'by Comment[lr4 j;Itgylnc�d w,lt, [;'', (10) Tllurnrn;zted saghs or spotrats, 1llumula#>~d 54g>as;or spotlghtsiVingtf an Comment$Zlra1]'Nb�v to 5�ct,00 �(�(l f,ccimlzmcstf wattiotl,er lnter..mittent or rotattng.beam existing as','a cnllction:oroncenfiratron ofrays ought tlnred s4�rn or;r; o rrzraliki'y f.,,1 6.09 t`'itfr Couw.-if Review 10 EM S TYNCa Lake Moto Sign(;ode wd)tllnen ', b'§ ] �1orv-:iit seciiun - - J 151 1(7(hr}f tF agmbined u qlt utUcr (11} 22evt71v izg betx�orzs .beamed llg/zts, of asm. �ar.�r�mlast,_ __........_ irriLiUit�6 ign lshguepc fig tlwity CoinmenC[ii43 Nowisse9pon ' 1 ) Signs suppot ted�iY a Jr�u+tY :..... ..._ (13} t i Qph1G=.eS1gn S?g.n 1�1�1pLl C17?Lit IXJr7d&l �lS�p�J 971i eenontl5l X Pj(2 l odrtekt�Irctlnirn t . r�eaterscroi�i)s der n_P1il' !- __°.�_��„��,s.������Q'?'�t l_-._. . .. .__._ _ __...._._._ _,-•.• Comme(n�tH b�[5] N _ow xii�evtuu, (l 997-1�'oc:le,§535.06) l'(Lq r.lt�r WAR i #�:�F• ... ��. . .- _ ..._.._ _. ' {yTifCb i�}uS1lyig(tlBlTlCl. -. (A) Parr deed,ipis in rcasidj rrticd(Avirfc:ts, (1) Profossioial name plate wall signs,not exceeding 2 sgimre ket in area; (Based ou c(rarrt'errt rtrmoved) f�2) errtorrl srgns or tablets,names of buildings and the,dtctn cteciQrt vh1 _ __ cut rntp a ma§otrry surface¢> when c¢n�St�pcti�d of bronze or`.othertrnerstt ® Ctonmeltt ftr77.t�t�w�nc i,� materral� tt7 t ri)C{ {3) Political sip?Is as regtdatod in $§ 1.51,1.15 of.`eq ,(Based on content— rtixnover9} (4) .lndividrial prol)erty sflle;,lease, or rertt'rrl,as r~ogu.iai:ed:im § 15L 115 et seq.; (Based on content- removed) (5) Constnzction sips as regulated:in§§ 151.11.5 et see.:.and(Based on ronfent - rurrAOved) (6) Bulletin boards or public information signs rr(at over 32 s(lUare,feet Wated only op the,premises of public,obaritable,or religious.institivions.(Onsed on content rcmo�ed) (B} Pe mrttecisrgrashydsrgnpermrtrn<the�1'Dl(� IIONi ' "dY CommenC+ k$]tScteti»l�ld :'� 'G'�Ifxi,o tvgu u�in1s ate rfnw�m ReoY7un ..:' 5) rnahe General Bsrness(GB}Zonang brtr t ttzf4?ti) {1) Number.. One wall,iTl(rmumtcmM awning and canopy(a 3-(iintensi(7rtal sign is allow per busi)ess. When a building or imsiness abuts 2 or more public streots,as additiano]sign located an each stmet buil.cl'rng face ur,allcrwmt.(elixrr.lrrated in favor of fenevail total signage and location requirements) PH � rgrz )Qiz �eniltere�S'arrXorr�n ( basrn�sspr�rs�ina'buddingitl',mwsre rommtitttL#ati� irow:iia�G€ixs 'I'SEA 3 i 7(])wriich ucanduuiies aTt misiing tlian'l,firgr�,a butltlung sign plan hall be px©vttied vu tli, h@&)Bp permit, 646,09 City Council Review (a) Other r' quir-emews, See area,location. a d.height requirunicuo bolow fi r €,ype Orsigu seleca.ed. ) �f Ctl�3T�ms, (a) Area The total building slgnage shall have alt aggregate armat[lot exceeding 0,7-5 square foot for eadl RIM of II)Q I)u.ildin�s, :race parallel or substantially paralle'�i Po a street or lot,liltu,(clirraialal€ed in favor orgeneral totaal signage anti location I'L"tl lai a'�tlal a1 tS� Location: A wall sign shall nod project rrlore thatl I6�1rlehes from the wilt Gpmment[bso: lddressedAixiha ©W1 e . .dr `dht _._. _ _. _. _ 117 Qslundnidsn,nCsv st:b't,usi e (c height wall slglrshal]naf project hlgtaer than tbeparape#]tne ofihe urall to whloh fl7e slgn as to be a `axcd yr 15 fee>I as Itleasureddrorn the(lase> f iecoEhmenr[btl:��jv u,secuur� 951 l I7,(�)(I)r00) hutldmg Wall =wlueh;tha slgn is affetl,whieher�ar isQWerif__ ..._ — Conrtienr'[bs27:l�OA<lrt'6COta01,' loraliugVlt, a {d} 7dte)na y rllumrrrQted skgris ,I Q irlteralally illtlt17N]P;l 6tgns.8re allowPa.:� y oy�ppl�u,,Fxnsillmronar,oriun L.. cuQrv4`fl e) �'pectat�onditrcns Where a prlrleipal b1�181>1g is devafed to or more " ermsfted uses,thh operator ofeaoh use ta�ay Ins>all a wail stgn?iv;'their part Lp .!a sign plan must lis sa�bn7ltted For}ixh0 eni>retbu3ld ng Tt!c t r fFte entire Cumn enxTas3)':Naw1,o sestton building shall nol oxeeed 0,75 square. feel:For each taut Of(Ile buildinl iazt;e para110: al- lurllytu�:e te�ou,nit n master�lri,p,�,p�nu,' mbstatnlially patxalleL to a str c at lut line,(Ohninaata d In favor of generatl total sigtlage �dtsienr'[b54]:Now 1„s��tinn and icsention requirements31.,mapciFft of 2i3 sqpar el`eet,perbusinesS� ...... . .. ....... r�I,txtii�l(77(v}l,r� etut�OPbvovrir �'h.. . G ) ' ras#rzr�rrg sgrxsl (a} Area h�area of pedestaal type freestanding signs slaal l'nit xeeed0 Comment[bs51 nrn ,d seer,on 1 1117�n)(1)(!1)(ly �' (b} Lncataor;= A pecasfal sign shall be lacated in any required'yardbut shall lavtl'a,stbaak of 15 Feet from Gray poly{of�ehular access public roadway,07 property r�mrt>enr[lssGj'ruow t�ac��ledl,a iltc (a} Fletght pedes 0 sign shall not pra)eef higher than 6 feet as leasvretl 1lorntoent[bs7 t Ncw r„gi o-tton ;rptn the base Qf'tlae sign or grade ofthenearestraadwa „M 6 i p; xd µ - — -- -- G4mmenC Cb58Q NoA iriisenm d Landsca::rn T1 ie area around a rr►anutnent sl shall`ae.landsca ed lot 15 (xtj cfllfr8 to regmre; P �... t r sv pl„s arncu,zfu),u 9,10isn i 11 dtshic:�.M,it;gm rgnuFwtEhfhnscly�'s ' e Lr �7trn l�xtern li Illu nlnat '1:8ank hf.lefters are a311owed,riq tx,xlii� unf i b q 5f q ' g g y internally lllumihated signs are allowed meet b 9 N ,I„aatd m naw 1;om T s ]- oti A)ur rng and canopy.Pgns- 6-16-U9(.;ftTr Council Review 12 i !'fit; TING Lake Elmo Sign Code (a� The-gross surface of arr a�rrmg or canopq slgr?shall riot exceed 3�%r rii the gross surface area of the snallestface oftlte awning ctr,carropy ofwhieh thWsrgra IsmmmenrCe6 7tvwto�l,elrltc - . �v�ily��etv.�ez;t�l�rot�lxt[l)t�l kb) "The a rmng'Mn':canopy st ra halF ria project 5herttl ani#lze op'nffi t commen �bei� i�,n awriiii or_oan or.below,tlt;avfin t5t;4l7tt'7rrr�C g opY g or dbp _ (1) Projecting signs, i - k - s� i Cw tt,�in��w�ac�t[un,I!11 t(I�j('ty btv •l total' rea+n`4 proJectrngas3gn sh fl7ae 6 sgu re feet (b} ; ll po�ectrng'signs shall tiez n cte d il strut lvl l ai`d easrly�rrsrblefrom CommentCb63� A 1Ve,,m sectinn y ... 5t 17 ti}(�}(+i}ns Yl�,Cli�jdrl Sirlit r:•;� • the sldewalk� • _ _ t i ( ,, atl � m : , ,,k , - •• C mmenb Ibbsk] Nuw in siuGi}n �f_.c (c) Il?llatcd,pMletistgr�a � lmxx +�.... .... (C) Signs permitted its the H"I!'lnnvq Bwimss,Limite(l Businam, Gevwrul Business, crnd.Biwhtess Park Zoning 1. Avicts. All ccrnrttteraial office and itadustri.a.l sirens hl l•lighwim Business, Limited.l.'luNincss.General Bwltiness,.and Business Park-lonirtg Districts require a sign permit. (I) wall signs. (a) Arcs. The gross grtrface area ofa wail sign shall not:exceed 0,75 square feel-tor each fibol orbiiilcling,parallel,or substAnytially parallel to the front lot:line. (pliniinattted in favor of genet-at total signage and It eaq'9.on requirements) (b) Location A wall sign shall be lr3i;ated on the outermost wa�llxt any prrncpaE btttldLng but shall rtbt pro)ect mare than 15nahes fi tiny thewall to.uksh't sign s to,be affixed>I the location and arrant em.ent of 31l all sig!-s shall he SLr!?je,t tO i& Menbc'66 ] h awiaseclmn the rcat i<>ry rtrid lR}rprrtr al r�filre f:`Ity l'ltrnrrtr.(rrrxl(rvc�r! tcso vaglasr) ____. . ..__, (c) F7ezg1?t A­w*tl sign shall not prod cot hrghen tlfan, ae iparhpdt I3neii wall:to wheel fhe s►gn is to be afixeCi Qr 2t)feet as rlt✓aui end troxrreaa: ,the commeri!Cu66] Nn�, !�eaotlofi uclitectiroiimmnie:;.'- buildng wallto which the sign is aixwtLchet�eC:ts IbWeiI _ _... .._ .._... tlt�;7tltb�fiteahUmaxipalTru.uGtrtioruf:''-;: • xhr�rpnrnpai uric irtexmmii tiniv ((l) tins c ful rrlraclttrrrtt t Where a pruicipal bw Iding rs devoted to o mare uses,,the operator of each its��may install a wall sign gpon his/her prt,portron�t���share��" the budding yvall to whrab the sigr►is aftixedl4 sign,plan must be subrnrtted or tho eommerrt�lb�@ Nowtp sernuni enfiie buildingontanrng'theifollawn lnforttaat>ori� spa fir �ommelr�?[b67]_T7ow.i,rGecrilro p5l�ti�'L.�)(2j.--e,�u,dfpr:tiluri[�s • L The total gross signage for the emir:building shall not exceed 1.square root;for eacli fixit of bu lding.fa(:e parallel,or sulwantiall) parallel. to a street lot lille 6-1 6...09 Citi,t:.'ourrtil ffevre7a• �-.,,.�...,....._..,._,,..........�._._.,.._,.,,......_....-,.»�,.._<.. .,.W.-,......�...,._w_.W,,..�.�, 13 ,'.;U;S " Y6,Lake Efnin Sign t:"olle (eliminated in bivor ofgeneml total sinnage and loc.a(son m4uirerne rts)or �ommenr [�fi9].n=nw#,li;eaN„r, u r (r bh G�omrrieF�>:' b�O�;Notvinucuori 2, �TlieCoeiil ;sizes,types,anel elevations oall stgnsJ;anc - - r�iomm0-n oivrr Mlbn All signs hall btr casually 0Onsistent m locatabn,design,.and scale - a ('t; fi�}(rl�l ��: (2;) �'reestan�lzrg szgxrs (a) The gross surface~are 'ofgrbutzdsignxs7id11 not eeeed 3Q square feet`for comifienaL[b7zl ifowutaecuor, each expesecl fade reartceed an gggreg�Y gr� s surface tea af6D �ommant jb73]i crow r,t seerron !! (l2) A ground slga=:lay#be set^baak'=lf _ ?om�frpnt or side property lines; graurrclIzgnsh ect higher Phan feet,as measured from base (3omreiei►t;[b7b cnrt gEeur�,rti,rr,e q sign=or gradq of the nearest atl scent ronilWTY W.P.M. s t,r.ty. hllirW�t J'�iM.�nx�Utld erftn - (d) Tl;err,slrrzll be I freestanding sign perrlLveloprncnt site.(removed unneces,,m)-°for ALL bus nessos to have a grorand,rrztrnuzriz;ztt,Or hole sign) (3) � u1ta terrurlt iVlastesxS rz F,rpgrtim A i Uz. mg Master rgn Program sha11 b ual tenant and rWcupant signs, building master zdentifioaficarz sign mad b>r[serlx�itte according to file Comm�tnt w$j:now,necsr,an aElov€+}ng requirpntents;I 7Yi7 ,edtreel'fm 01611y ' 13ailding-'znaster denfifioatron sighs shall not contain 1 q narz ppd. any camm�n#�b 6a;�ow,mFoa;FPn tenazs60 r occupants of;the center i�>ta7:(�i�(t} eJ,red tc+relaritry I' (13) Tfthermulti tenant commercial building has�Tibor area ai=�4,�QQ stllaare � Feet or lessY�the buildmginay.have a freestartdlrg sign-witYi a mairimum,of�1 sgrtzare foot t�poll/nteilt[b77] IroN,nsecrron e rz�'or.each 5 feet o�`bzuldz#g frontage or 4�squax�e�eet�?iaxirYzumin heignt�o�8.feet: - _.�__:- -.�.-•-----___-:. (c) tamulftple#enant ci�mimercial building has a tloorfarea greater than ,�q�QQQ square 7t'eet,bqt Tess tl►an_l QOap�D syuarn feel,�kie�oenterrx►�y�hsue a,rxiaster _. f enttfcatibn sr n +ifhama r aximiirr tzommpnt[u�81;>�row,nre�Gr,,n heryght UP 198t. {d) Tf a multlfle t�nan#eotrimercia[huildmg?2as a#loot area df greatertlian " Q,QQQ square feet,the center nzay have a master identification sign with a maximum (eomFeneZb�9l saw 3r,�er,ati, l aea,af 120 square feet qn each`sidearxd7riaxiinum height afl�f�Et a5l,i.It'(zltrt(o7 (1997 Code. 535,07) 'Penal i5l,See.� "€, 0.999 51 122 T)I tows ITS 6-16-09 C"iti,Council Rcrviru- .�m...,-,....�.....�......,.a,..,,e. ..... 14 i I EXIST' NG t tyke L;lnin.Sign Carle (AJ Ci2rZer allylrectory slgp are Used to gia�d pedestrians tor� iVti11 baslnesses,witho. rn a:rriulttple'tenair Mmmercial aroma ntl are;perrn►tt ..r-. _ 15 'Y i (1) Stgnimist be pi»ced on the s�Es a t y 1q#�nibn (2) Sign shaf]be oraated Drily lie ntemal pe iestrian accl3ss areas anel h131=u vEklrcle.access areas; : ;(�). ,Directory srgtis:area to b�-used for�ir~purpc�se Hof dtrectfpn and�"d��iirfi�a��ta only'; F (4) _.Dlreetoiy srgns may bq 3reestan#angbut steal)nit exceod 4f feettilJgF('j ( ) t1 reA A directory sign may Have rriaxilnumiarea of 1 square foot forksrlclt business list6d db the s)gn and,4 s ip., CvinmenL,�bli0�r�.pl�ed t+i+new '�- ` sse�Kizmt xJl � (199E7vde, §53S 0$) .Pen:ilAr § 151.1. 3 AUTOMOBILE SERVICE STATION SIGNS.(This section and all subsections were rea koved because they are content specific) (A).. Automobile servity stations rtre allowed 1 Nvall sign and 1 ground sign suhject to the following conditions. (R): (1) Wall sl�rras. There shall be no More Ilion 1. wall sign per building facie with air exhi Ira sign area of0.75 square feet fbr each lineal foot of building fi°ontrige. {Z) ,c'ra<Jsrmtcl ng Signs. 'Them.:shall be no more that, '1 freemmiding si err for each principal building. A freestanding sign shall be get back 15 feet from the fro:nt and side propo ly,fine. A.freestanJi.ng sign shall:not prgieci higher'Umn f:feet as measured froin grade t)r C:OTltraill more than 30 squa.re reel:of'si.gn ge. (3) Service buy nosh,island identification sums. Service hay tmd:isl.and identitrcation signs are permitted providing direction or instruction,,to peowns won. ;the facility,but shall contain no advertising material of any'kind. ()997 Code, 535.09) Poi l '' see 6.10 too 64 6.-Of)t YA,C ouned Revie w 15 ,EXlD'lN(" Lake L,fntfr Nigh Code (A) MY,artarice� The P`lann�ng Camrrnss�ota shall�heaa�raglae§ts foe a�tr�anceto the f aferal prouasaon of § i 5I I15t segfi in arastances tivaerefh!PP triot, enFdreerraent would: iaause, n undue hardslnp fioc rv],ii l property lnder consaderataon and;to grai[t'tla6 Varlaaee f t d0monstratezi tla:xt (k) There era exor m h dtrn wco not generally apply to other propertanies the same zone These circums. es_may aaaolude the narrowness,,sha[loWnes ,,sktape,and topography.of'the.pareel_df.lalador Setback frornIrlght of way; � ) The lateral j *jrp't_MtjOOjjO, hegrovisaans o th�sagn nrd�riance depraves the ppiicar t raghts Cpmmo iiy and oyed by j:pr pr pertte�: the saml. e cfastnct under the terms tafthe sigit5ordanaat spaea�il carcurnstanoes are not the rasail'UP the applacar t ( }i Tlae grantang of tlae variances regaadsted da not comer on the appheant a pecsial}nualege°that asemed by, tS1 115t seg.tD owners o Q�hea lards,structures ar►�t bu[Iti�ng ria:fha same dastr�ct ( Thevarianees requestedJlzarethe manamuan uaraapees>awhtet vyouldalleuaate 4 laardshap ri (6 The uanande requested w©>Id not be materially detrimental to tha'purpose �a�fhe.sgn mrdiiance, and/or; „ Thedesignof`the sign or >gns,are as follovys;; a) „ compatible wath,the character oythe adjacent buaidxngs and with tho tiharacter of the adjaceaitinelglalorhood r (b) Have go%Sd scaleandaroportaon. n the fir to buildings:arid ad}scent:areas; (c) The thateraal,size,oolar?rletteriiag,loc t Qn,anal arrangement of t}ie szgn(�)is an integral part atbe sate and-buald�ng design and/oe (d) The colors,materaais,ariii hght ng of the sagn(s)are restrained:and harmonious,as.IR Orprefed by;.fhe City Planner: (B) 4pplicat:on 11n application fdr a ariance to,'§§151.:215 etsEu shallf processed accord ':th g6 code: CoitsfYi�n>k[b611- lSma�ti aeotiun 5351b) i,i li_1 ti-t)9(;at>>4;.'nUncil ldevF(n+.»......,✓__��______.�..,..�____..,r.,.,...».»._,,.....,»,...,_.,..w».�..w,.N....._...,..,.,...�..»..» """'" 16 EMS 7CNCx take Elmo"Sign Code The owner of'any sign whioh is otherwise allowed by;th:s sign ordinance may sibstrtute non oo�nmercial speech �gns�n lieu any other commercial speech sign or.-other non commercial Speech sign' he purpose othys provision is torevenrany inadvertentfavorng of commercial speech aver non carrmmerc�al:speech`or�f��+drang df:any partioular non eonmerazal speech over and other non conunerc�al y s�seecla,TIi'is provlsivnprevat[s:over�ny more:�peclficprovi§ion to the contrar _ . , ._ ._ Gon;men!C�s2a Ncnv u�sccuon _ :. if any section;subsection}sentence,clause or phrasNot ections 1 S ll "S�hrotgYi 151 I �are for any reason held be invalid,such decision 0..,, not affect the vI�dlt Sigri Ommance The My Oounctl heieliy declares that tt w uYd have adopted the sign Ordspance rri each section,tipsecRM, sentence,'.or phrase thereof,irrespective two tl�af any one or,more sofidnS subsections,sentences,.clauses;of.phrases:be teclared invalid �oomene �sBa� NbW m s��iton 1 646.09 Ci4v(":r3un�i1 l:Gr7�re3,- 17 City Council Date: July 21, 2009 REGULAR Item: MOTION ITEM: Accounting Services SUBMITTED BY: Tom Bouthilet, Finance Director REVIEWED BY: Craig Dawson, interim City Administrator SUMMARY AND ACTION REQUESTED: The City Council has asked to solicit proposals and make a recommendation to engage a contractor for clerical accounting services. BACKGROUND: In February of 2008, the Finance Department was reorganized which included the elimination of a full-time accounting position. In order to accommodate some of those duties, the City contracted for accounting services with the City of Roseville. These services started in August, 2008 with the understanding that the efficiencies and value of contracting for this service would be evaluated as part of the 2009 budgeting process. The City budgeted $ 10,000 from the General Fund and $ 10,000 from the Enterprise Fund in 2009 for accounting services, All accounting services performed are charged on an hourly basis ranging from $50.00-$ 80.00/Hr. At the June 2, 2009, City Council meeting, staff presented an alternative approach to the existing accounting function by proposing hiring a part-time accounting clerk at$20.001Hr. Staff was given direction to seek alternative proposals for accounting services. The City sent out requests for clerical accounting services and received three responses ANALYSIS_: All proposers have been contacted and staff has concluded that all firms are capable of performing the services. C &J Consulting Services, LLP will be able to provide the flexibility and timeliness needed for the best value. C & J Staff will need a day or two for training on the City's software programs. Attached is a summary proposal comparison of the proposals received. RECOMMENDATION: Staff recommends entering into an accounting service agreement with C & J Consulting Services, LLP at a rate of$25.00 per hour, not to exceed$1250.00 per month, and have a 30-day notice cancellation clause. SUGGESTED MOTION: Move to approve termination of accounting services with the City of Roseville and enter into an agreement with C&J Consulting Services, LLP at a rate of$25.00 per hour, not to exceed 1250.00 per month. ATTACHMENTS.- Clerical Accounting Service comparison * C & J Consulting Services, LLP proposal * Kem—Dewenter—Viere proposal * HLB Tautges Redpath, Ltd proposal Clerical Accounting Service Proposal Comparison 7/21/2009 Roseville C&J KDV HL.B Current Tautges Redpath Quoted Rate Per Hour 50.00 25.00 Not Quoted Not Quoted Quoted Rate Monthly 1250.00 1650.00 2000.00 Estimated Hours/Month 14* 50** 17 Not Proposed Roseville Service Month Amount Paid August-08 1057.50 September-08 1112.75 October-08 1685.00 November-08 1232.50 December-08 955.00 January-09 2564.51 February-09 925,00 March-09 1551.58 April-09 712.50 May-09 587.50 June-09 687.50 Average Monthly 1188.00 *Roseville agreement included misc. other accounting functions. The hours indicated were estimated for the portion of what was called for in the City's request for proposals. Proposer believes this time will likely be much less and is willing to provide services on a hourly rate basis with a not to exceed amount per month. i C & J Consulting Services, LLP 5761 Keats Avenue N Labe Elmo, MN 55042 cbendelmn msn.com (651)295-1984 July 1,2009 Tom Bouthilet,Finance Director Craig Dawson, City Administrator City of Lake Elmo 3800 Laverne Ave N Lake Elmo, MN 55042 Dear Tom&Craig: Please consider this letter our response to your recent request for proposals for providing Clerical Accounting Services dated June 22,2009. Quote for current services: To do the A/P and Payroll services as outlined in your document, we estimate that it would take approximately 50 hours per month. Our hourly rate for clerical support fimctions is$25 per hour resulting in a monthly fee of$1,250 for these fimctions. (In addition to the activity listed, it is assumed we would be responsible to keep the vendor W-9 copies current as well as the employee W-4's). Quote for future services: To do the Utility billing as outlined in your document,we estimate that it would take approximately 20 hours per quarter to do the quarterly billings and 60 hours per year to do the annual billings. In summary,our annual quote for providing all of the clerical services out for bid is $18,500. Other notes: C&J also prefers to work at the client's site as there is always better security and communication. We like to try to be on-site set days (ie Monday and Wednesday)so that AP and Payroll can be cut on a set schedule so that management can plan accordingly. However, we are very flexible and would adjust the schedule to meet the work flow needs and would work out this schedule with management. We also typically assign one individual to work with a client and have a backup for them should they not be available when needed. We have found that this allows for a stronger and. more consistent communication link as well. C&J has not specifically used the Springbook and Banyon systems. However, we have worked extensively with many similar systems(PeopleSoft, Soloman,Hyperion, Timberline, Quickbooks, Peachtree, Essbase with Clarity reporting etc) and are confident we will be able to become familiar with these systems with some basic training. (on our own time of course). C&J would be available to start on this project as soon as August I". However, with the 30 day notice provision for the prior service provider,it appears the earliest start date would be September 1". If C&J were chosen for this contract, we would propose coming in sometime in August to train on the Springbook and Banyon systems so we could hit the ground running on September I'`. Attached please find our client reference list for the clients we have worked with in the last three years. We would like to request that should the proposals be posted out on the City website that the reference list not be included there for confidentiality reasons. C&J has been in business since 1994 and can provide additional references should you need there. Please be aware that the current plan is that my partner,Joan Ziertman would be the primary person on-site for this project and I would back her up. She currently holds a temporary position with the Lake Elmo planning commission. if the City sees a conflict with her performing these duties if we are awarded the contract, she would resign from that position immediately if necessary_ We could also assign a different individual but she is the best resource available for the functions you need performed. Thank you for giving us the opportunity to bid for this proposal? Best Regards, Cathy Bendel Schachtner C & J Consulting Services, LLP 5761 Keats Avenue N Lake Elmo, MN 55042 ebendeWM@,msn.com (651) 295-1984 CLIENT REFERENCE LIST HIKL Cladding Services, Inc. 1851 Buerkle Road White Bear Lake,MN 55110 Contacts: Peter Koukos,Kurt Larson,Darryl Senne(Owners) (651)482-•0369 Client since 3/06 Duties: A/P, AIR,payroll,payroll and sales tax reporting(including W-2's & 1099's), cash planning and forecasting, compile job reports,complete account reconciliations, coordinate audits, and other duties as assigned. Accounting software used: Timberline and Quickbooks. The Skogen Group,Inc. 1450 Triangle Drive Houlton, Wl 54082 Contact: Patti Skogen (612) 867-5843 Client since 11/96 Duties: A/P,payroll,payroll and sales tax reporting, monthly financial statements; account reconciliations,YE tax returns and tax reporting (W-2's and 1099Is). Accounting software used: Quickbooks. Printing Pius of Western Wisconsin 145 W. Second Street New Richmond, Wl 54017 Contact: Amy Measner (612)839-8584 Client since 3/08 Duties: A/P,payroll,payroll and sales tax reporting, monthly financial statements, account reconciliations, YE tax returns and tax reporting (W-2's and 1099's), resolved delinquent tax status with federal and state taxing authorities, assisted in recent sale of business. (6/09) Accounting software used: Quickbooks. Bean Bag lime. 245 S. Knowles Avenue New Richmod, W1 54017 Contact: Lisa Bensen (715) 222-2273 Client since 6/08 Duties: Monthly financial statements and budget, cash planning and forecasting, QE and YE tax returns and tax reporting(W-2's and 1099's), general business guidance as needed. Accounting software used: Quickbooks. Wes Bae Video 3050 Alabama Avenue St. Louis Park,MN 55416 Contact: Wes Bue (612) 987-6804 Client since 6/02 Duties: Monthly payroll,QE payroll reporting, YE payroll and 1099 reporting, Root Relief 29151nwood Avenue Lake Elmo,MN 55042 Contact: Carey Dubbs (651) 592-2851 Client from 1/08-5/09 Duties: Initialized and monitored all activity for this non-profit set up to assist the NE Minnesota flood victims. This included filing all of the new business paperwork, reconciling all fundraiser deposits and distributions and filing the annual 990's. Wells Fargo Bank NA, Minneapolis,MN 55402 Contact: Lon LeClair (612) 217-5625 Client from 7/04-7/07. Duties: Initially hired to assess the accounting functions performed in their CT office and provide recommendations for streamlining the processing and centralizing the functions in Minneapolis. Later, C&J was used on numerous other projects including numerous large Corporate Trust distributions. Worked with the Corporate Accounting group to convert over to a new accounting software system(From Hyperion to Essbase with Clarity reporting). PROPOSAL TO PROVIDE CLERICAL ACCOUNTING SERVICES FOR THE CITY OF LAKE E+ Ll' 09 MINNESOTA June 26, 2009 Presented by.- KERN - DsWENTEIL-VIEKE 7100 Northland Circle North, Suite 119 Brooklyn Park, Minnesota 55428-1500 220 Park Avenue South P.U. Box 1304 St. Cloud,Minnesota 56302 Contact:Joe Rigdon Phone:(763)53 7-301 1 Contents Letter of Transmittal 2 Company Background 4 Qualifications of Our Firm 5 Dedicated Team 8 Fees 11 Proposal to Provide Clerical Accounting Services for the 1 City of Lake Elmo, Minnesota ICERN-DEWEt TIFL•VPERE KERN - DTWENTER,VI lERE )Getter of Transmittal June 26, 2009 Tom Bouthilet Finance Director City of Lake Elmo 3800 Laverne Avenue North Cake Elmo,Minnesota 55042-9629 We are pleased to submit this proposal for clerical accounting services for the City of Lake Elmo, Minnesota,and appreciate your consideration. 'This proposal will serve to explain the qualifications of our firm,the scope of the services we will provide and our commitment to provide superior service on a timely basis. We feel especially qualified to provide services to the City because of our extensive experience in providing consulting and auditing services to Minnesota cities and other local governmental units. • Our clerical accounting services under this proposal will include the following: ■ Accounts Payable services,twice per month,performed within City facilities and using City equipment Payroll services,bi-weekly,performed within City facilities and using City equipment • Our future clerical accounting services(not under this proposal)may include the following: a Utility Billing services to be determined,quarterly or as necessary • Specific qualifications of KDV relating to the provision of clerical accounting services include: • Hands-on experience reviewing,auditing,and completing accounts payable, payroll,and utility billing processes for cities ■ Hands-on experience with numerous municipal accounting sof3ware systems,including Springbrook and Banyon systems Proposal to Provide Clerical Accounting Services for the 2 City of Lake Elmo, Minnesota KERN OrWENTER•VIEILE Specific knowledge and understanding of the City of Lake Elmo's financial and accounting systems,based on a current relationship providing financial oversight services We will work with your representatives to schedule specific fieldwork dates to ensure meeting your deadlines. We are prepared to begin providing clerical accounting services to the City of Lake Elmo in July 2009. We wish to thank you for the opportunity to submit this proposal. If you have any additional questions about our firm or the services we provide,please contact me at(763)537-3011. We look forward to serving you. Sincerely, KERN,DEWENTER,VIERE,LTD, 144- Joe Rigdon Certified Public Accountant KDProposal to Provide Clerical Accounting Services for the City of Lake Elmo, Minnesota 3 KERN•DEWENTEA•VrERE i Company Background Founded in 1945 as a CPA firm, KDV is a firm of 90+employees,which has built on its heritage of sound,strategic advice over the years. Today,we offer a full range of business and financial services to help small and mid-size clients increase their efficiency and financial performance. We do it through the following services: Certified public accountants We help organizations better manage their finances through CPA services,such as audit and tax planning, as well as everyday accounting services like payroll and general ledger. Financial services We help business owners and their employees keep more of the money they earn. We do it by matching the most appropriate financial tools--like brokerage accounts,employee benefit plans and life and health insurance--to their specific needs. Organization development We help entities make changes across their entire organization to improve effectiveness. From operations and administration to a new strategic direction,we guide organizations through the process of change to make sure they reach their goals. Strategic consulting We help organizations look strategically at their business. It may be to help them better understand their current position, find more efficient ways of doing business, uncover new business opportunities or position them for growth. Technology services We help companies improve their operations by recommending and providing the most appropriate technology tools. Our services cover hardware,software and networking installation,as well as Web site and e-commerce solutions. Today,technology is a necessary investment. We help clients invest wisely. Over the years, we have developed expertise tailored to clients in three major industry segments: ■ Government entities,including cities and schools Privately held companies ■ Nonprofit organizations On the following pages,you will learn more about how we can help you achieve your goals, improve your financial efficiencies and increase public confidence. Proposal to Provide Clerical Accounting Services for the d City of Lake Elmo, Minnesota KERN -DaWEMTER•VIVRE Qualifications of Our Firm In recent years,we have concentrated our efforts in providing accounting,auditing and consulting services to Minnesota cities. To provide this service,we have kept our professional full-time government audit staff of 25+employees who work in specialized areas,such as cities,current on accounting and legislative changes, This is achieved through formal training by sending our staff members to annual seminars,workshops and profession sponsored classes on governmental accounting and reporting requirements, Issues covered during this training include, GASB updates; Single Audit compliance updates; TIF reporting and legislative updates and other issues that qualify as continuing education under Government Auditing Standards. We also provide considerable informal training including monthly KDV meetings held to discuss relevant issues and to educate our staff on new changes in the profession and specifically,the governmental arena. In addition,several members of our firm have participated as speakers for seminars sponsored by the Minnesota Government Finance Officers Association,Minnesota Clerks and Finance Officers Association,the League of Minnesota Cities,Minnesota Association of School Business Officials,Minnesota Society of Certified Public Accountants and our own firm sponsored workshops. Our firm is a member of the American Institute of Certified Public Accountants and the Minnesota Society of Certified Public Accountants. Individuals within the firm are actively involved with the Governmental Accounting and Auditing Task Forces of the Minnesota Society of Certified Public Accountants. Our firm is a member of the Private Companies Section of the AICPA Division for CPA Firms. This Division was founded in 1977 by the AICPA to promote CPA excellence and to provide a voluntary, objective means of monitoring adherence to professional standards. Each member firm is required to periodically subject its audit and accounting practice to a comprehensive quality review by specially trained outside CPAs. Our last such review was in 2008,at which time we received a clean report on our practices and methods.This peer review included an inspection of various governmental engagements. Various members of our firm are members of the special review committee of the Government Finance Officers Association whose purpose is to review comprehensive annual financial reports to determine eligibility for the Certificate of Achievement for Excellence in Financial Reporting, The Kern,DeWenter,Viere, Ltd. approach is cost of flective,designed specifically for Minnesota cities and responds to your specific situations,expectations and requirements. We believe our extensive qualifications place us in a position to offer you some unique benefits: Our experienced governmental team will closely plan and coordinate our activities with city representatives to ensure we meet agreed upon deadlines. The City of Lake Elmo will benefit from this approach by avoiding unnecessary disruptions and eliminating duplication of work. ■ We are truly a governmental firm, Our clients include cities,school districts,housing and redevelopment authorities and numerous governmental joint powers agreements, These governmental units account for such activities as electric utilities, water and sewer utilities, golf courses, economic development authorities,tax increment financing districts and federal grant programs, D\1 Proposal to Provide Clerical Accounting Services for the $ City of Lake Elmo, Minnesota j KFFLN•DTWENT$It.VI IRE • We monitor the governmental industry and provide our clients timely information on legislative matters,summaries of regulatory rulings and updates on required GASB implementations which will affect your financial statements. To assist our governmental clients in preparing for GASB Statement No.34,we developed three stages that provided them guidance with all aspects of the implementation. We also assisted a number of governmental units in early implementation of this Statement. We will continue to use this approach for future standard changes,including GASB Statements No.43 and 45 relating to Other Post Employment Benefits. Our commitment to the government industry provides our clients with security in knowing they will be informed and prepared for financial statement changes. Our firm has been providing auditing and consulting services to cities since the 1960's;and we presently work with over 60 cities. The following is a summary of the types of governmental entities to which we are providing service: - Cities and Townships - Eire Relief Associations - EDA's and HRA's Special taxing districts,such as Metropolitan Transit Commissions, Area Planning Organizations, Regional Library Systems,etc. School Districts and Education Districts - Charter Schools 6 i The majority of our governmental clients are, or have been required to have an audit performed in accordance with Government Auditing Standards and the Office of Management and Budget's OMB CircularA-133, In addition, we also audit numerous nonprofit entities,which receive a significant amount of federal money and are required to have an audit under the requirements of the Single Audit Act of 1996, We also provide other value added services for our governmental clients including: Assisting with budgeting ■ Developing new budgeting processes ■ Assisting in setting up and changing accounting systems, including computer installations and conversions ■ Assisting with negotiations with employee bargaining units ■ Helping cities conform to the requirements of the Government Finance Officers Association to receive their Certificate of Achievement for Excellence in Financial Reporting ■ Working with cities to assist with improving their bond ratings ■ Providing consultation on a wide variety of issues, including tax increment districts and economic development authorities ■ Developing financial reporting systems for departments and governing bodies Proposal to Provide Clerical Accounting Services for the City of Lake Elmo, Minnesota fi KrRN•D[WENTER•VIERE Our firm also performs numerous peer reviews of other accounting firms to determine their compliance with U.S, generally accepted auditing standards,Government Auditing Standards and reporting in accordance with U.S. generally accepted accounting principles. Several partners and staff in our firm are members of the following organizations: ■ Minnesota Government Finance Officers Association Special Review Committee of the National Government Finance Officers Association 4 The Governmental Accounting and Auditing Task Forces of the Minnesota Society of CPAs In addition,we have subscriptions to all of the above organizations that publish information affecting cities conceming financial reporting and compliance issues. Cities and other governmental organizations we serve have been strong supporters of our firm because of the quality work we have performed. In this regard, I submit the following specific references: I~ City of Freeport Paul Hetland, Clerk/Treasurer 320-836-2112 ➢ City of Corcoran Dan Donahue,City Administrator 763420-2288 City of Greenfield Sunny Bjorklund Schultz 763-477-6464 K,D-V Proposal to Provide Clerical Accounting Services for the 7 City of Lake Elmo, Minnesota KEItN-DeWENTER-MERE Dedicated Team We believe the key to establishing and maintaining an excellent professional relationship between the City of lake Elmo and our firm is the client service team. The team we have assigned to serve you combines technical expertise and proven ability to work effectively with our clients' personnel. Our overall client service team includes individuals who have extensive governmental experience from our St.Cloud and Minneapolis offices. Our professional full-time government audit staff of 25+ employees provides a broad range of expertise,and will become a valuable resource for the City. This commitment will assure that you will receive quality service backed by the full resources of our firm for an indefinite period. The following resumes describe the experience of the specific professional staff assigned to the engagement. Proposal to Provide Clerical Accounting Services for the 8 City of Lake Elmo, Minnesota KERN•DeWE NYE R•VIERE Joe Rigdon, CPA Role in engagement ■ Engagement Manager Education • Bachelor of Science Degree in finance from St. Cloud State University, graduating Summa Cum Laude Experience Seventeen years experience in governmental consulting,accounting,and auditing, including eight years in local city and county municipal finance • Recipient of the Certificate of Achievement for Excellence in Financial Reporting issued by the Government Finance Officers Association for preparation of Comprehensive Annual Financial Reports ■ Recipient of the Distinguished Budget Presentation Award issued by the Government Finance Officers Association for preparation of budget documents • Audit manager of numerous city and school district audits • Attends workshops on school district,city,and non-profit governmental accounting and reporting requirements on an annual basis that qualities as"yellow book"continuing professional education Professional and Civic Activities • Minnesota Society of Certified Public Accountants ■ American Institute of Certified Public Accountants ■ Government Finance Officers Association • Minnesota Government Finance Officers Association(past executive board member) • League of Minnesota Cities ■ Municipal Clerks and Finance Officers Association ■ Past Member of Minnesota Office of the State Auditor Tax Increment Financing Panel • Past member of Minnesota Society of CPA's Governmental Auditing and Accounting Task Force • Treasurer of Rogers Community Law Enforcement Foundation,Rogers, Minnesota K.D\[ Proposal to Provide Clerical Accounting Services for the City of Lake Elmo,Minnesota KERN•I]eW E NTER-vl 6Rk Jennifer Nevins )stole in Engagement ■ Advanced Staff Accountant Education ■ Bachelor of Science Degree in accounting from St.Cloud State University Experience • Two years public accounting experience working in governmental and non-profit accounting, auditing,tax and accounting services ■ Experience providing bookkeeping and consulting services to governmental entities • Attends workshops on school district,city and non-profit governmental accounting and reporting requirements on an annual basis that qualifies as"yellow book"continuing professional education ■ Prepares financial statements and management letters ■ Involved with tax preparation for individuals,corporations,partnerships and nonprofits ■ Assists businesses with preparation of monthly,quarterly and annual financial statements Professional,activities ■ Minnesota Society of Certified Public Accountants KDNI Proposal to Provide Clerical Accounting Services for the 10 City of Lake Elmo, Minnesota KERN•DeW ENTER•V1fRE Fees Our estimate of the fees to provide clerical accounting services for the City of Lake Elmo assumes the City of Lake Elmo agrees to perform the following functions in connection with this engagement: a Make all management decisions and perform all management functions 0 Designate a competent individual to oversee the services i Evaluate the adequacy and results of the services performed e Accept responsibility for the results of the services Estimate of Services(suh*wt to change,based on the Qy's needs and requests}: It is estimated that the clerical accounting services will include the following: Y Accounts Payable: Two full days per month Payroll: One half day per pay period To complete the tasks as described, we are proposing a fee of$1,650 per month. Upon six months of service, we would request a mutual review of the services provided and fees incurred. We are enthusiastic about the opportunity to serve as your clerical accounting provider. The City of Lake Elmo can be assured we are committed to providing timely,quality service,and effective communication with you and the City Council for 2009 and into the future. K,D Proposal to Provide Clerical Accounting Services for the I I City of Lake Elmo, Minnesota KERN•ORWENTER•VIERE Tom Bouthilet From: David Blumberg [DBlumberg@hlbtr.coml Sent: Tuesday, July 07, 2009 9:48 AM To: Tom Bouthilet Subject: Request for Services -Clerical Accounting Services Hello Tom, Dave Mal from our office wanted .me to send you an email regarding your Request for Services for Clerical Accounting Services. We have discussed this internally and propose a monthly fee of $2,000 ($1,300 for Accounts Payable and $700 for Payroll) . I understand that this is considerably more than what you are currently paying. If you need further information, please feel free to give either myself, or Dave Mal a phone call. Thanks Tom. David E. Blumberg, CPA HLB Tautges Redpath, Ltd. Senior Manager, Government Audit Phone: 651-407-5B68 Fax: 651-426-5004 In accordance with the Internal Revenue Service Circular 230, any tax advice included in this written or electronic communication (including attachments) was not intended or written to be used, and it cannot be used by the taxpayer, for the purpose of avoiding any penalties that may be imposed on the taxpayer by any governmental taxing authority or agency. 1 City Council Date: July 21, 2009 REGULAR Item: 8 informational ITEM: Demontreville Trail— Discussion on Trail Options as part of the Washington County Reconstruction and Turnback Project SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Ryan Stempski, Assistant City Engineer Craig Dawson, Interim City Administrator Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED: The City Council will be presented with a high level summary of the options, costs and impacts associated with adding a trail along Demontreville Trail as part of the Washington County Reconstruction and Turnback Project. This presentation is intended to solicit discussion and input from the City Council to provide direction to staff for working with County staff on their reconstruction project. BACKGROUND INFORMATION: Washington County currently owns and maintains Demontreville Trail, from 501h Street North to Trunk Highway 36. The County does not identify the road as"serving a County function" and has informed the City of their intention to turnback this roadway to the City of Lake Elmo,The County has indicated a tentative schedule to improve the roadway in 2010 using a full-depth reclaim with localized drainage improvements. At that time the road would be transferred to Lake Elmo authority. Over the past year, staff has received several requests to add a trail along Demontreville Trail to improve safety along this roadway segment. To facilitate a trail, several issues and challenges must be addressed including a clear definition of the trail purpose and need, identification and acquisition of additional right-of-way, identification of physical property impacts and wetland impacts, and identification of available funding. At this time, the County has indicated that they will not provide additional funds for the trail addition. ORDER OF BUSINESS • Introduction Craig Dawson, Interim City Administrator • Report by staff or other presenter Jack Griffin, City Engineer • Questions from City Council members to the presenter Mayor Facilitates • Questions/comments from the public to the City Council Mayor Facilitates CITY OF LAKE ��p4�6.P 7 it o l 651/777-5510 3800 Laverne Avenue Noah / Lake Elrno, MN 55042 MEMORANDUM TO: City Council FROM: Craig W. Dawson, Interim City Administrator DATE: July lb, 2009 SUBJECT: 2010 Budget Calendar Attached is the calendar for the 2010 Budget process. Work on the General Fund budget will start at the August 11 Council work session;hopefixlly,the Council will be able to take action on the 2010 preliminary budget and proposed tax levy on September 1,but the schedule allows for another work session and final action by the statutory September 15 deadline. Work sessions on the enterprise and capital funds budgets are scheduled over October and November, The truth-in-taxation process was changed during the 2009 session of the Legislature. The required separate public meeting on the budget and tax levy was eliminated,but the City still needs to publish the meeting at which the final budget and tax levy will be determined. At present, the date anticipated would be December 1, and the Council could continue the matter to its December 15 meeting if necessary. The final budget and tax levy must be adopted by December 18. I 1 primed on recycled paper r 2010 Budget Calendar Date Description 6/9/2009 Preliminary Budget Workshop with Council 6/22/2009 Draft Budget Package Distributed to Departments 7/20-7/24 Budget review with Dept. Heads,Administrator & Finance Department 7/27/2009 Meet with Administrator& Finance for Bud et Draft Completion 7/29/2009 Proposed Budget to Dept. Supervisors for Final Comments 8/11/2009 Workshop with Council— 1sf Draft Proposed Budget 8/25/2009 Workshop with Council—2nd Draft Proposed Budget 9/1/2009 Proposed Budget to City Council For Adoption by Resolution & Property Tax Levy 9/8/2009 Worksho with Council - Proposed Budget 9/15/2009 Proposed Budget (adopted by Resolution) & Proposed Property Tax Levy Certified to the County. Certify Hearing(s)Dates. 10/13/2009 Workshop with Council-Enterprise and Capital Funds Budget 10/27/2009 Workshop with Council -Enter rise and Capital Funds Budget 12/1/2009 Final Budget & Levy determination 7:OOPM City Hall 12/15/2009 Final Budget & Levy Determination (if necessary) 7:OOPM City Hall 12/18/2009 Adopt Final Budget& Certify Levy by Council Resolution 1212812009 Final Levy certified to the Coup & Ado t Final Budget i