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HomeMy WebLinkAboutAgenda Packets - 2008/01/07 CITY OF MOUNDS VIEW SPECIAL CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, January 7, 2008 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes and sign in on the sign-in sheet located on the podium. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. 7:00 pm: Public Hearing to Consider the Second Reading and Adoption of Ordinance 801, an Ordinance Amending Chapter 1008 of the City Code Regarding Requirements for Signs and Billboards 8. CONSENT AGENDA - NONE 9. JUST AND CORRECT CLAIMS - NONE 10. APPROVAL OF MINUTES - NONE 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Immediately following this meeting Next Council Meeting: Monday, January 14, 2008 @7pm Item No: 7A Meeting Date: Jan 7, 2008 Type of Business: Council Business Administrator Review: _________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Interim City Administrator Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance 801, an Ordinance Amending Chapter 1008 Regarding Requirements for Signs and Billboards Introduction: The City Council adopted Ordinance 784 on February 12, 2007 which authorized a one-year moratorium on the installation, creation, construction, replacement, modification or improvement of static or changing electronic, digital, video, display signs or billboards and flashing motion, animated, changeable copy and illuminated signs in all zoning districts. This moratorium will expire on February 12, 2008. Discussion: The City Attorney has reviewed all relevant studies and research regarding the impacts and safety consequences of dynamic signs and has prepared an ordinance which will amend Chapter 1008 to define “Dynamic Display” and to clarify that no further interim use permits will be issued for any new or presently existing billboards in the City of Mounds View. The ordinance will also clarify that dynamic display signs, as defined, and billboards in general, would be prohibited in the City. Planning Commission. Ordinance 784 (the moratorium) indicated that the Planning Commission will review any studies or actions relating to the billboard and signage issue. On December 19, 2007, the Planning Commission reviewed the same studies that were presented to the City Council and also reviewed studies that had been forwarded to the City by way of Clear Channel. Also reviewed were additional newspaper articles on the matter. After discussing the subject matter, the Planning Commission approved Resolution 881-07, a resolution which supports the adoption of Ordinance 801. First Reading. The City Council introduced and held the first reading of Ordinance 801 on December 10, 2007. In addition to the studies that were presented on December 10 to the Council, additional information has been provided to the City Council which had been provided by Clear Channel. The City Attorney indicates that more definitive studies based on empirical data will not be available until 2009. Recommendation: Staff and the City Attorney believe that the best course of action relating to the soon-to- expire moratorium is to define the type of signage in question and to adopt language which prohibits such signage. While this action would admittedly cause all existing dynamic displays signs to become non-conforming, not taking such action would potentially leave the door open for dynamic display boards to be erected anywhere. Ordinance 801 Report January 7, 2008 Page 2 Staff and the City Attorney are confident that a supplemental ordinance to address non- conforming dynamic display signs can be prepared and brought forth for Council consideration in a few months time. Before the supplemental ordinance is prepared, Staff would like direction from the City Council as to whether it would be willing to entertain proposals from Clear Channel to convert one or more of their existing seven billboards to the new digital display technology. If so, under what conditions? Clear Channel has indicated representatives would be present for the January 7 meeting if questions arise regarding dynamic display billboards. As recommended by the City Attorney, Staff suggests that the City Council open the public hearing and consider any and all testimony regarding the proposed ordinance. If the ordinance is approved, Staff requests the Council consent to publishing an ordinance summary in the official City newspaper rather than the entirety of the ordinance under authority of City Charter Section 3.07. Respectfully submitted, ________________________ James Ericson Interim City Administrator ORDINANCE NO. 801 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1000, CHAPTER 1008 OF THE MOUNDS VIEW CITY CODE REGARDING REQUIREMENTS FOR SIGNS AND BILLBOARDS THE CITY OF MOUNDS VIEW, MINNESOTA ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1008, Sections 1008.02, 1008.10 and 1008.12 of the Mounds View Municipal Code by deleting the stricken material and adding the underlined material as follows: 1008.02: DEFINITIONS: * * * DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display or structural element and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays. * * * 1008.10: SPECIFIC SIGN TYPE STANDARDS AND REQUIREMENTS: * * * Subd. 6. Billboards: A new or renewed interim use permit shall not be issued for any new or currently existing billboard within the City. unless it complies with the following interim use requirements, pursuant to Minnesota Statutes, Section 462.3597: a. Interim Use Permit: An interim use permit (IUP) must be obtained in accordance with procedures identical in form and substance to the conditional use permit procedures found in Section 1125.01, subdivision 3 of the Mounds View Municipal Code. Any IUP issued for an interim use billboard shall automatically expire no later than July 1, 2037 or earlier if so indicated in the resolution approving the IUP. An IUP shall be null-and-void if the applicant fails to obtain any required permit from the State of Minnesota. * * * h. Maximum Number/Nonconforming Status. The maximum number of billboards that may be located within the City at any one time shall be limited to ten nine (10 9). Any billboard legally existing or permitted at the time that this ordinance is adopted may continue to exist only for such time period as is be removed and relocated consistent with the provisions of this Code. Any billboard in the process of being relocated at the time that this ordinance is adopted shall be counted among the maximum number allowed and shall be allowed to complete its relocation. * * * 1008.12: PROHIBITED SIGNS: The following signs and sign types are prohibited in the City of Mounds View: * * * Subd. 7. Dynamic display signs and billboards. Subd. 8. Billboards, except as otherwise provided in this Code. SECTION 2. The interim ordinance adopted by the City of Mounds View (Ordinance No. 784, adopted and effective February 12, 2007) shall be repealed and null and void upon the effective date of this ordinance. SECTION 3. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. First Reading: December 10, 2007 Second Reading: January 7, 2008 Publication Date: ________________ Rob Marty, Mayor Attest: _____________________________________ James Ericson, Interim City Clerk-Administrator MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 881-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1008 OF THE MOUNDS VIEW CITY CODE REGARDING REQUIREMENTS FOR SIGNS AND BILLBOARDS WHEREAS, the City Council adopted Ordinance 784 on February 12, 2007 which authorized a one-year moratorium on the installation, creation, construction, replacement, modification or improvement of static or changing electronic, digital, video, display signs or billboards and flashing motion, animated, changeable copy and illuminated signs in all zoning districts; and, WHEREAS, Ordinance 784 indicates that the City will undertake a study regarding electronic, digital, and video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs and that the scope of the study should include review of regional and national studies, local research, ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law, sign display operational literature, existing electronic signs and other factual and quantifiable information; and, WHEREAS, upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. NOW, THEREFORE, BE IT RESOLVED that the study regarding electronic, digital, and video display signs, billboards, billboard networks, flashing, motion, animated, changeable copy and illuminated signs is complete and the Mounds View Planning Commission has reviewed the following materials comprising the study: 1. SRF Study regarding Dynamic Signage – June 2007 2. City of Minnetonka Staff Report – May 2007 3. Regulating Dynamic Signage, LMC Memo – 2007 4. Minnetonka & Clear Channel Reach Tentative Agreement – May 15, 2007 5. Clear Channel Sues Arden Hills – Oct 25, 2007 6. Opinions Harden in Billboard Debate – Nov 20, 2007 7. Electronic Billboards Raise Risks – Nov 30, 2007 8. Billboard Deal Up In The Air – Dec 6, 2007 9. Billboard Deal Pleases No One – Dec 13, 2007 10. FHWA Report on Electronic Billboards – Sept 11, 2001 11. FHWA Memo on Changeable Message Signs – Sept 2007 12. Outdoor Advertising Assn of America - Regulating Digital Billboards (undated) 13. Ordinance 881 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission, in light of its review of the study, finds that there is sufficient cause to justify the ban of dynamic display signs and billboards in the City of Mounds View and recommends the City Council adopt Ordinance 801, an ordinance amending Chapter 1008 of the City Code to define and prohibit dynamic display signs and billboards in the City of Mounds View. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 19th day of December, 2007. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, Community Development Director (SEAL) ORDINANCE SUMMARY ORDINANCE NO. 801 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1000, CHAPTER 1008 OF THE MOUNDS VIEW CITY CODE REGARDING REQUIREMENTS FOR SIGNS AND BILLBOARDS On January 7, 2008, the Mounds View City Council adopted an ordinance which amends Title 1000, Chapter 1008 of the Mounds View City Code regarding requirements for signs and billboards located within the City of Mounds View, Minnesota, including the following amendments: The ordinance amendments include creating a definition for dynamic display, requires that no new or renewed interim use permits will be issued for any new or existing billboard within the City, changes the maximum number of billboards that may be located within the City from ten to nine, prohibits dynamic display signs and billboards and prohibits billboards within the City, and repeals Ordinance No. 784, the emergency ordinance that established a one-year moratorium on the installation, erection, construction, replacement, modification or improvement of static or changing electronic, digital, video, display signs or billboards and flashing, motion, animated, changeable copy, and illuminated signs in all zoning districts in the City of Mounds View. The ordinance, along with the full text of the City Code Chapter 1008, are on file and available for public viewing at the Office of the Clerk-Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. ______________________________ James Ericson Interim City Clerk-Administrator