5.4. SR 06-15-2009REQUEST FOR ACTION
To Item Number
Ci Council 5.4.
Agenda Section Meeting Date Prepared by
Communi Develo ment une 15, 2009 Chris Leeseber , Paxk Planner-Planner
Item Description Reviewed by
Request by City of Elk River to Amend the City of Elk River erem Barnhart, Plannin Mana ex
Land Use Regulations Relating to Signs, Including 30-1; 30-851- Reviewed by
867; 30-1022-1026; 30-1292-1294; 30-158; Case No. OA 09-01
Action Requested
Staff and the Planning Commission recommend the Council approve the proposed language and
defuutions regarding signage as attached.
Overview
At the May 18, 2009 City Council meeting, the council provided direction to staff on the following items:
Removing Change o~opv L.angu~Qe
This was completed.
Rural Base Business Signs
Staff is unaware of any of these types of signs in the city. The closest thing might be the signage for
greenhouses.
Staff maintains that these types of signs are inconsistent with the goals of our rural neighborhoods, home
occupations and our signage goals.
If it is the City Councils desire to maintain the Rural Based Business Off Premise signs, staff would
recommend the following language:
Rural Based Businesses shall be allowed up to four (4) o~premises directional signs subject to the following
restrictionr•
a. Individual directional signs shall not exceed six (6) square feet.
b. Such signs shall be located onprivateproperty which is adjacent to an arterial road, provided that the
property owner's permission is obtained in writing.
c. Such signs shall only contain the name of the Rural Based Businesses and the direction and distance to the
facility.
d. Except as otherwise provided, all freestanding signs in residential hones shall have a maximum height of eight
(8) feet.
e. Signing for straight-ahead movements shall not be allowed.
Commercial Construction and Real Estate Signs
In the fall of 2008, a resident questioned the amount and size of commercial real estate signs within the
city. On November 6, 2008 staff toured the city searching for commercial real estate signs. Fifty plus
S:\PLANNING MAIN\Case Files\OA\OA 09-O1 Sign Ord Update\OA 09-01_CC-4.doc
signs were documented with photos. At the December 1, 2008 Council meeting, staff presented what
they had found in regards to the commercial construction and real estate signs. Only a few of the signs
reviewed were more than 32 square feet in size. 'The council concurred that 64 square foot signs were too
large and suggested staff make changes. The proposed changes were made accordingly in the proposed
language.
Large Lot SignaQe
If it is the council's desire to accommodate large lots such as car dealerships, staff is recommending the
following language:
One freestanding sign may be permitted for every 300 feet of street frontage measured along a single street. The frontage
shall only include the property in which the principal use is located on which the sign is advertising. The signage may
only be placed on the street frontage from which the calculations were taken. The additional sign(s) shall be subject to
the side and height limitations of the fzrst allowed freestanding or monument sign and may be placed no closer than
150 feet to any other freestanding or monument sign.
Staff is proposing this change be only for the C3 zoning district and not the I1 and I2 zoning districts.
The reason for this is highway commercial properties often rely on "grabbing" drive-by traffic where
industrial properties typically do not or are not expected to. The I1 and I2 zoning districts will continue
to have the ability to have two signs if their property exceeds 300 feet.
TeTborar,~Signs
Staff is suggesting modifying and adding the language `OOnly signs for the community events listed in Section 38-
383 (6) may be placed on city properties ".
The reason for this is to take away the City Administrator, or designee, determination of what events may
or may not be advertised on city property. This process adds time unnecessarily to the process. The
ordinance already specifies community events in Section 38-383 (6).
Staff will continue to research the enforcement policies regarding temporary signs and come back at a
later time with recommendations.
Redundant Sections
Upon further review, Sections 30-860 (4) and 30-866 (5) both refer to political signs but are not
redundant. Section 30-860 (4) is related to what types of signs are exempt from permit requirements and
Section 30-866 (5) is referencing what signs are allowed in all districts.
Suns in Citizen's Yards
There was a question regarding if a non-profit event such as the "Taste of Elk River" could have a
temporary sign on private property. Any private property owner may place a sign, with a permit, on
his/her property in support of a non-profit organization. The temporary sign section 30-866 (7) allows
nonprofit or charitable organizations as defined by Internal Revenue Code section 501(C)(3) to have off-
premises signs fox their fundraising activities, provided they obtain permission from the property owner.
Nonprofit organizations shall be limited to three signs per event and the signs shall not exceed the
number of days allowed in subsection (7)a of this section. If event is advertised for more than 30 days, it
shall count toward that property's 90-day limit for temporary signage.
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Recommendation
Staff recommends the Council adopt the language as proposed in the exhibits labeled Proposed Language
and Definitions.
Attachments
• Proposed Language
• Definitions
• Sign Area Example Exhibits
• Freestanding/Monument Signage Exhibit
• Existing/Proposed Signage Chart
• December 1, 2008 City Council Minutes (partial)
• May 18, 2009 City Council Minutes (partial)
Action Motion by Second by Vote
Follow Up
S:\pLt1NNING MAIN\Case Files\OA\OA 09-01 Sign Ord Update\OA 09-01_CC-4.doc
Proposed Language
Sec. 30-851. Definitions.
The definitions in section 30-1 are applicable in this subdivision. Language Added
(Code 1982, ~ 900.22(2))
Cross references: Definitions generally, ~ 1-2.
Sec. 30-852. Purpose and scope of subdivision.
(a) Purpose. The purpose of this subdivision shall be to coordinate the type, placement, and physical
dimensions of the signs within the different zoning districts, to recognize the commercial
communication requirements of all sectors of the business community, to encourage the innovative
use of design, to promote both renovation and proper maintenance, to allow for special
circumstances, and to guarantee equal treatment under the law through accurate recordkeeping and
consistent enforcement. These shall be accompanied by regulation of the display, erection, use, and
maintenance of signs.
(b) Scope. This subdivision shall not relate to building design, nor shall this subdivision regulate
official traffic or government signs; the copy and message of signs; window displays; product
dispensers and point of purchase displays; scoreboards on athletic fields; flags of any nation,
government, or noncommercial organizations; gravestones; barber poles; religious symbols;
commemorative plaques; the display of street numbers; or any display or construction not defined as
a sign in section 30-1.
(Code 1982, ~ 900.22(1))
Sec. 30-853. Compliance with applicable regulations.
All signs hereafter erected or maintained shall conform with the provisions of this subdivision and
other ordinances and regulations of the city.
(Code 1982, ~ 900.22(3))
Sec. 30-854. Nonconforming signs.
(a) Eligibility for legal nonconforming status. Existing signs which do not conform to the specific
provisions of this subdivision may be eligible for the designation "legal nonconforming" provided
that:
(1) The ei~e~ Citr Administrator or cicsigncc, determines that such signs are
properly maintained and do not in any way endanger the public.
(2) The sign was authorized by a valid permit or variance or complied with all applicable laws prior
to June 18, 1990, the date of adoption of the ordinance from which this subdivision is derived.
(b) Loss of legal nonconforming status. A legal nonconforming sign may lose this designation if the sign
is relocated, replaced, altered, or damaged by more than 50 percent, other than for change of copy or
normal maintenance.
(c) Maintenance and repair. A legal nonconforming sign is subject to all requirements of this
subdivision regarding safety, maintenance, and repair.
(d) Kelocation orirAlteration. The city council may, upon application of a property owner, permit the
" teration or relocation of a legal nonconforming sign if, after a public hearing by the planning
commission and city council, the council determines that total compliance with the current sign
regulations is not reasonable but the Alteration or relocation of the nonconforming signs is in
greater conformity with the existing sign regulations and is in the best interest of the community.
(Code 1982, ~ 900.22(5))
Sec. 30-855. Appeals.
Any failure to respond to an application within 14 days of receipt or any decision rendered by the
City Administrator, or designee, in denying a permit or in alleging a violation
of this subdivision may be appealed as provided in subdivision II of division 2 of this article.
Page 1 of 17
(Code 1982, ~ 900.22(7)(I))
Sec. 30-856. Notice of violation; order to repair or remove sign.
In addition to the remedies authorized in section 30-576, the city may cause the following action to
be taken:
(1) When, in the opinion of the ~ r-City Administrator, or designee, a violation
of the Code exists, the dii~~ City Administrator, or designee, shall issue a written
order to either the owner of the sign or the owner of the property on which the sign is placed. The
order shall specify those sections of the Code involved, shall describe the violation and shall direct
that the violation be corrected within 30 days from the date of the order.
(2) If, upon inspection, the ~ CittT Administrator, or designee, fords that a sign
is abandoned or is stnicr<irallv or electrically defective, or in any way endangers the public, the
~ Administrator, or designee, shall issue a written order to the owner of
the sign and occupant of the premises stating the nature of the violation and requiring repair or
removal of the sign within 30 days of the date of the order.
(Code 1982, ~ 900.22(7)(G))
Sec. 30-857. Authority of ~ Cit~~Administrator, or dcsitrncc,.
(a) Adlnini.rtrative j~rocedure.r. The Ciiv Administrator, or desi ec, shall
process applications for permits and variances, schedule public hearings as required, and enforce and
carry out all provisions of this subdivision. The ~ City Administrator, or
designee;, is authorized to promulgate procedures consistent with this hmction.
(b) Inrpection.r. The bBuilding eOfficial Ci ~ Administrator, or designee, is empowered, upon
presentation of proper credentials, to enter or inspect any building, structure, or premises in the city
for the purpose of inspection of a sign and its structural and electrical connections to ensure
compliance with all applicable codes and ordinances. Such inspections shall be carried out during
business hours unless an emergency exists.
(Code 1982, ~ 900.22(7)(A))
Sec. 30-858. Removal of signs by city.
(a) The ~ City Administrator, or designee., may cause the removal of any illegal
sign, any sign remaining after a business closes, or any sign not properly maintained in cases of
emergency, or after failure to timely comply with written orders for removal or repair. After removal
or demolition of the sign, a notice shall be mailed to the sign owner and owner of the property where
the sign was located stating the nature of the work and the date on which it was }~erf~rmed and
demanding payment of the costs as certified by the ~ City Administrator, or
designee, together with an additional 50 percent for inspection and incidental costs. If the amount
specified in the notice is not paid within 30 days after mailing of the notice, it shall become a lien
against the property where the sign was located and shall be certified as an assessment against the
property together with ten percent interest for collection in the same manner as the real estate taxes.
(b) The owner of the property upon which the sign is located shall be presumed to be the owner of
all signs therein unless facts to the contrary are brought to the attention of the ~ ~ 3g,
City ~~duiicaistratur, car designee, as in the case of a leased sign.
(c) 1~'or purposes of removal, a sign shall be deemed to include all sign embellishments and
structures designed specifically to support the sign.
(d) In case of emergency, the ~ ~it~Administrator, or designee, may cause the
immediate removal of a dangerous or defective sign without notice. Signs rcmo~-ed in this manner
must present a hazard to the public safety as defined in section ~A5:~4A9 30~ 0.0180 of the state
building code.
(Code 1982, ~ 900.22(7)(H))
Sec. 30-859. Prohibited signs.
Page 2 of 17
The following types of signs are prohibited in all districts:
(1) Abandoned signs which no longer identify or advertise a bona fide business, service, product, or
activity or for which no legal owner can be found.
(2) Banners, pennants, festoons, and searchlights inflatable balloons/displays except as a
permitted temporary special event sign under secti< ~i~ 3(1-866(7).
(3) Off-premises signs, other than advcrtisiug_si~•ns. !billboards
(4) Signs imitating or resembling official government signs or signals.
(5) Signs attached to trees, utility poles, public benches, or streetlights, or placed on any public
property or public right-of--way.
(6) Signs placed on vehicles or trailers which are parked or placed for the primary purpose of
displaying the sign, except for portable signs or lettering on buses, taxis, or vehicles operating during
the normal course of business.
(7) Signs suspended beneath a canopy, overhang, roof, or marquee without a minimum clearance
from grade of eight feet in either a vehicular way or eL in a pedestrian way.
(8) Any roof sign or sign erected above the roofline of a building.
(9) Any sign placed within 30 feet of any intersection that may obstruct motorist or pedestrian
visibility.
(10) Rotating, .. or 1~1o~~ing Signs.
(11) Unsafe/dangerous signs as determined bathe City Administrator, or dc~.
(12) Painted wall signs.
(13) Signs utilizing flashing and or revolving beacon lights.
(Code 1982, ~ 900.22(3) (B))
State law references: Signs resembling traffic control devices prohibited, Minn. Stats. ~ 169.07.
Sec. 30-860. Permit.
(al Required. Unless otherwise provided by this subdivision, all-signs the erection Alteration or
re acation of a sign shall require permits and payment of fees as described in this section. No
permit is required for the maintenance of a sign
~•
(b) Exemptions. The following types of signs are exempt from permit requirements but must
otherwise be in conformance with all requirements of this subdivision:
(1) On-premises construction signs that comply with section 30-866{~}~~2~
(2) On-premises directional/informational signs and nameplates having a sign area of four ~ feet
or less.
(3) . PY~rtable A-frame s~<*ns in the Dawntown District
{`~}~ Political signs, nn-premises private sale signs or on-premises event suns.
{~fr}J5~ On-premises residential or conuncrc:ial real estate signs that com ~h~ with section 30-866
+
{~}(~ Window signs, provided they do not e cover more than 5~ ~~~ercent c~t~ the window area.
(c) Application. Application for a permit for the erecri<„~, aAlteration, change of con or relocation
of a sign shall be made to the ~ Cih ;~dmi:nistrator, or designee, upon a form
provided by the city and shall include the following information:
(1) The name and address of the owner of the sign.
(2) The street address or location of the property on which the sign is to be located, along with the
name and address of the property owner.
(3) The type of sign or sign structure as defined in this chapter.
(4) A site plan showing the proposed location of the sign along with the locations and square
footage areas of all existing signs on the same premises.
(5) Structural details as required.
Page 3 of 17
(d) Fee. All applications for permits filed with the ~ City Administrator, or
designee, shall be accompanied by a payment of the initial permit fee for each si~on in such amount
as determined by city council resolution.
(e) Issuance or denial. The Cit~dminstrator, or d~si~nee shall issue a permit
for the erection, alteration, change of eoU~- or relocation of a sign within 30 days of receipt of the
completed application and applicable fees, provided that the sign complies with all applicable laws
and regulations of the city. In all applications, where a matter of interpretation arises, the more
specific definition or higher standard shall prevail. When a permit is denied by the
CiL! ,Ad.ministrat~~r, or deli Vie,, written notice shall be provided to the applicant along
with a brief statement of the reasons for denial. The City Admiiiistratur, or
designee, may suspend or revoke an issued permit for any false statement or misrepresentation of
fact in the application.
(f) Kefund of fee on denial ofpermit. If a permit is denied, the permit fee shall be refunded to the
applicant.
(g) At, fund of fee on abandonment of permit. If no inspections have been made and no work authorized
by the permit has been performed, 50 percent of the permit fee may be refunded to the applicant
„inn reduest, provided that the permit is returned to the dei~ Citt~ Administrator,
or de~i~„nee, within 90 days of issuance.
(h) expiration. A permit issued by the e~r~~1~ City,- Administrau>r, or designee,
becomes null and void if work is not completed within 180 days of issuance. If work authorized by
the permit is suspended or abandoned for 180 days, the permit is thereby suspended, but may be
reinstated with an additional payment of one-half of the original fee.
(i) Failure to obtain permit. If any sign is installed or placed on any property prior to receipt of a
permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not
relieve any person of any other requirement or penalties prescribed in this subdivision.
(Code 1982, ~ 900.22(3)(A), (3)(C), (7)(B)--(7)(E))
Sec. 30-861. Inspections.
(a) Any person ' ,performing th, e erection,_?.lteration, or relocating a sign for
which a permit has been issued shall notify the bBuilding eOfficial upon completion of the work.
The building ebfficial may require a final inspection, including an electrical inspection and
inspection of footings on freestanding signs.
(b) The bBuilding hC) ~ficial may require in writing upon issuance of a permit that he be notified for
inspection prior to the installation of certain signs.
(Code 1982, ~ 900.22(7)(F))
Sec. 30-862. Maintenance.
All signs shall be properly maintained, including the ground around the sign. Exposed surfaces shall
be clean and painted if paint is required. Defective parts shall be replaced on conforming signs. The
h$uilding eOfficial shall have the right under sections 30-856 and 30-858 to order the repair or
removal of any sign which is defective, damaged, or substantially deteriorated.
(Code 1982, ~ 900.22(3)(D))
Sec. 30-863. Illumination.
Unless otherwise specified by this subdivision, all signs may be illuminated.
(Code 1982, ~ 900.22(3)(E))
Sec. 30-864. Changeable copy.
Unless otherwise specified by this subdivision, a Changeable Copy Sign or Animated Sign larger than
30 square feet will require a Conditional Use Permit. All other Changeable Copy Signs or Animated
Signs are allowed.
(Code 1982, ~ 900.22(3)(1; Ord. No. 07-10, ~ 1, 7-16-2007)
Page 4 of 17
Sec. 30-865. Indemnification of city.
All persons involved in `'_~ ___-;._`~„°„-- ;„~`~"°`'~„, °'`-°°`:~„ the erection, Alteration, chan~,e of
co ~ or relocation of signs near or upon any public right-of--way or public property which requires
the use of public property shall, as a condition of the use of such public property for sign work, agree
to hold harmless and indemnify the city and its officers, agents, and employees against any and all
claims of negligence resulting from such work insofar as this subdivision has not specifically directed
the placement of a sign.
(Code 1982, ~ 900.22(3)(G))
Sec. 30-866. District regulations.
The following signs are allowed in all districts:
(1) All signs not requiring permits as set forth in section 30-860(b).
(2) One ~ on-premises nonilluminated construction sign not to exceed H4 32 square feet in sign
area or 15 feet in height. Sign may be erected 30 days prior to the beginning of construction and shall
be removed 39 ~ days following issuance of a Certificate of
Occupancy. Such signs shall not be illuminated.
(3) One ~. on-premises nonilluminated real estate sign per lot or premises not to exceed six
square feet in sign area for residential lots and one ;~ on-premises nonilluminated real estate sign per
lot or premises not to exceed (4 32 square feet in sign area of 15 feet in. height for commercial lots.
Such a sign must be removed ten ~ days following closing, rental, or lease.
(4) One on-premises attached nameplate per occupanry, not to exceed four ~-`1-~ square feet in sign
area.
(5) Political signs. Political signs are permitted in all zones. Such signs shall be consistent with state
statutes. Political signs may be placed only on private property and only with the permission of the
property owner. Such signs shall not be illuminated.
(6) On-premises directional/informational signs not to exceed four ,(~ square feet per sign in sign
area.
(7) One .~ on-premise temporary or portable sign per premise (property) may be installed, as
allowed by the City Administrator or their designee. Temporary
or portable signs are also subject to the following:
a. Signs may not be displayed for more than a total of 90 days per calendar year, per property. A
single permit shall not exceed 30 consecutive days.
b. Signs may not be displayed without a permit. The permit shall be affixed to the sign and be
visible. Each permit must indicate the number of days, and the dates, the sign is to be displayed. A
fee and deposit at a level established by ordinance adopted by the Elk River City Council is required.
The city will release deposits following removal of the sign according to the permit, and receipt of a
written request to do so.
c. Maximum sign size shall be limited to 48 square feet and shall not exceed nine (9, feet in
height.
d. Signs must be located on the property of the business and the advertising message must only
relate to business conducted on that premises, except that nonprofit or charitable organizations as
defined by Internal Revenue Code section 501(C)(3) may have off-premises signs for their
fundraising activities, provided they obtain permission from the property owner. Nonprofit
organizations shall be limited to three signs per event and the signs shall not exceed the number of
days allowed in subsection (7)a. of this section. If event is advertised for more than 30 days, it shall
count toward that property's 90-day limit for temporary signage.
e. Signs may not be placed in any right-of--way and must be located on an approved surface; not
including fire lanes and/or circulation drive lanes. Approved surfaces include: asphalt, concrete,
class-5, crushed concrete.
£ Only signs for the commurtit~~ events listed in Section 38-383~~
$a~e~ may be placed on city properties,
Page 5 of 17
g. For purposes of this section, City of Elk River property leased to other entities shall not be
considered city property.
h. Signs must not be unsafe or dangerous and must be securely anchored.
(8) No more than one ~1~ permanent area identification sign shall be allowed per neighborhood,
subdivision, or development. However, if the neighborhood, subdivision, or development has
entrances on arterial and/or collector roads, then a single area identification sign may be allowed at
each of these entrances. Each sign shall not exceed 16 square feet in sign area and shall not ~•xceed
eigh~S~ feet in height. The area identification sign shall be placed on the same premises as the
development which it identifies.
(9) One ~ on-premises permanent identification sip-n per apartment or condominium complex, not
to exceed 16 square feet in sign area and shall~iot exceed eight (~ feet izi height.
(10) For permitted nonresidential uses, such as churches, synagogues, and schools, one ~1~ on-
premises freestanding sign and one ~ wall business sign, not to exceed 96 square feet in total sign
area. Where a zoning lot has in excess of 1,000 linear feet of combined street frontage, the total
signage area shall not exceed 192 square feet with no more than 96 square feet per sign. Freestanding
signage shall not exceed 20 feet in height.
(11) Any combination of on-premises freestanding and wall-mounted real estate signs for model
homes having a combined total sign area not to exceed 32 square feet. Freestanding signs for model
homes shall have a maximum height of five feet.
12) Rural~Based 13Businesses shall be allowed u to four ~ off-premises directional signs subject
to the following restrictions:
a. Individual directional signs shall not exceed 4$ six 6 square feet.
eb. Such signs shall be located on private property which is adjacent to an arterial road, provided
that the property owner's permission is obtained in t~_ ritin~.
Vic. Such signs shall only contain the name of the rRural-hBased 13Businesses and the direction and
distance to the facility. ~ .
€~. Except as otherwise provided, all freestanding signs in residential zones shall have a maximum
height l of eight u feet.
e. Signing fair straight-ahead movements shall not be alk,wgd
(Code 1982, ~ 900.22(4)(A), (4)(B); Ord. No. 00-06, ~ 1, 3-20-2000; Ord. No. 04-13, ~ 1, 8-27-2004;
Ord. No. 06-12, ~ 2, 10-16-2006; Ord. No. 07-20, ~ 1, 12-17-2007)
Sec. 30-867. Construction and location standards.
(a) Compliance zvith building code. All signs shall be constructed in accordance with the requirements of
the state building code.
(h). Except as othen~risc provided, all freestanding signer shall ha~~c a setback of ten "IO #~eet
from ai ,v~ruperty line to any yort~ ion of the sign. When a ~ropert~~ line is iocatcd ~~ithin the
street, the setback shall be 25 feet from the edge of the ru.id.
{b}~ Anchoring.
(1) No sign shall be suspended so that the sign will swing in a wind.
c~._~ a,.~ ~_ .
rocrnc~'zravirs
{~jir~ All portable signs on display shall be braced or secured to prevent motion.
~~ Wind resistance. All signs shall comply with the wind load requirements of the eii~ state
building code.
{~}~ Obstruction of exits. No sign shall be erected, constructed or maintained so as to obstruct any
fire escape, required exit, window or door opening used as a means of egress.
Page 6 of 17
{e;~f Interference with ventilation. No sign shall be attached in any form, shape, or manner which will
interfere with any opening required for ventilation, except that signs may be erected in front of and
may cover transom windows when not in violation of the provisions of the current building or fire
code.
~~ Clearance from electrical equpment. Signs shall be located in such a way as to maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with present electrical code
specifications.
~~ Lighting. Lighting shall be directed away from road rights-of--way and adjacent dwellings.
(Code 1982, ~ 900.22(6))
Sec.30-868. C-I. central business district.
f1Lem x~r~~ signs as permitted in Section 30-851 et eg.
(2) Permanent signs.
a. One 1 i,ermanct~t ~{reaidentification si~n__~er neighborhood subdivision, or
development, not teexceed 64 square feet tivith a maximum height of 20 feet. 'I"he
area identibcation sign shall be located nn the same premises as the development it
identifies.
b. C)ne f11 freestandnL sign, not to exceed e4 sau~ are feet ~~ ith a maximum height of 20
feet.
c. 1'hc~Si~rn Area of Are:z Identifcationl Signs and Freestatlding Signs may be increased
23°~„ if the sign is constructed as a Monument Si__r_n.
d. "1'~~r~ (2) wall signs, not to eticeed 64 total_sctuare feet pet Deco anc .
e. One cnl-premise menu board~cr drive-up or n all<-u lane of a drive-in restaurant or
curn~ash up to a maximum of 32 s uare feet each. Menu boards are allowed tohave a
messy eon one side on1}~ and play not edntain an advertising message.
Sec. 30-8(9. C-2 office district.
Tc~m ora ~ signs as permitted in section 30-851 et seq.
Permanent si s.
a. Qne (11 t~ermanent area identification s~~~n Ucrneighhorhood, suhdi~_ision, or
developmetrt~tlot to elcr_ed(i~ square feet v-ith a maximum height of 7 feet. The
area identification sigtl shall be located on the same premises as the development it
identifies.
b. One~l) freestanding sign, not to clceed 32 square feet with a maximum height of 7
feet.
c. The Sign Area of:~rea Identification Signs and Frccstand~ing Sigrlstaa~be increased
25"-~0 ~f the sign is constructed as a Monument Sim
d. Two ~ wall signs, not to exceed G4 total square fce~er Deco xutc}'.
Scc. 30-870. C-3 hi~~h~~rav commercial district.
(1;~ Tetnporar~~ si~~ns as t~errnitted in section 30 851e sea.
(21TPGC111dnCnt Sl I1S.
a. One 1) Uermanent area identification sign per neighborhood, subdivision',
development, not to exceed G4 scduare feet with amaximum height of 30 fect_ The
area identification sign shall be located on the same remises as the development it
identifies.
b. One~1~ freestanding sign, not to exceed 150 sc uare feet tii°ith a maximum height of 30
feet. One frecstandin_g sibm may he permitted for even 300 fret of Street frontage
ihxlcasured alone; a single Street. The frontage shall only include the prrppert}~in
u-hick the rincipal use is located on v~hich the sign i~ ~ ad~~crt~isl~ri~. The signahc may
onl~* be placed on the Street frontage from which the calculations were taken. The
additional sign(s) shall be subjects to the size and hei~htlimitations of the tirst
Page 7 of 17
c. The Sii~rn AreaofAir~i Identification Suns and hreestanding Signs may be increased
?5°%~~ if the sign is constructed as a Monument Si;n~.
d. T~no Z) wall signs, not to exceed Z00 total square feet per oecuhanc~,=.
a Oxie on-premise mrnu boarder drive-u ~~r ~a-alk-up lauc of a dri~_e-in restaurant or
carwash u to a_maximum of 3~ square feet each. 1Vle~nu boards are allowed to~'have a
message ~~r~ one side unh- and ma_~~ not contain an advertising message.
(3) Ad~ vertising sib=ns. (Billboard
a. Prohibitc_d ~.~-ithin 100 feet of theintersection of the highwa~~ right-of-wa~~ and and
other right-of-wad or drivcw-ay.
b. Yrohihited ~~ithin 1,200 feet of another advertising sign on the same side of the ri~~„ht-
o f-way°.
c. Shall be erected ~nith a single poke cat monopole structural standard and shall hac-e
under~mund ~~ irin~>.
d. The base of. an~_ adnertising`sign must be landscaped to prevent erosion andnoxious
weeds and must hr~~roperly maintained.
e. Shall not exceed 400 square feet in area nor 25 feet in height as measured
der ~endicularly from the height of the highest x~int of the si~~n structure to the~~rade
lei-cl directly below the sign. The existin~~rade mud not be altered for the purpose of
increa5in~.tii~n height.
f. Shall be considered a principal u5c of the property. Existinf* adaertisin;~ si,~t~s must
be rerno~~ed when the ~arccl a on which they are situated is denoted to another
~rinc~al use.
;;. The city shall perform a years inst~ection of the ad~crtisrn}~ ~ihns to ensure
compliance of said ~trueturr. with the prop isions of this section and other provisions
of this article. The fee .for said inspection shall be set b~ the city council b_~~ resol~~_tion
from time to time.
h. Shall only be allo~~cd in G3 zoned pro gem ad~acent to right-of-~~ av for state
hi hwa~~s number 10 and 1f9.
Sec. 30-~71._G4 community commercial district
Temporary signs a~~crmittcd in section 30-hSl et se
(2) Permanent suns.
a. One 1~_permancnt urea identification si~*~i ~cr nei,~~hborhood, subdivision, csr
deyclo ment, not to exceed 64 square feet with a maximum hei~;ht of 10 feet. The
area identification sign shall be located on the same premises as the development it
identifies.
b. One X11 freestanding_s_1~_n, not to exceed lOQ sc trace feet. q'he maximum height shall
be 10 feet along collector streets, and the maximum height shall he 20 feet along
arterial streets.
c. 'I'h~ Sig=n area of Area Identification 5~ns and Freestanding,Si~u~ma~- be increased
~5°.~„ if the sign is constructed a~s a 1lionument~Si~n.
d. All freestanding sis~na~=c=c shall be a ~'Ionument Simon.
c. ~iwo 2 ~t-~ill si!~*ns, not to exceed ~OOtotal square fee- t ncr occupancy.
Page 8 of 17
Sec. 30-57?. Dll do~~nu_,wn district
a. Prohibited signs: back-lit signs ~excludin~ individual letters), molded plastic cabinet
sib=ns, smooth/flat~lastic si_gn5 and signs with strobe lights flashing elements or
distracting actions.
b. Onc 1 wall mouutcd sizm and one (~ urojeeting~sign shall he alkn~~cd on each
Yrimarv Facade and on one Secondary Facadet~~ich does not extend above the
r~ofline of an ad'oining building,
c. .A total of cane sc uare foot of wall mounted sip~age Uer one linear foot of Unit Width,
nit to exceed 3? sic uare feet shall be <illm~cd,
d. ~k~all mounted signs shall not exceed 24 inches in height nor pro~eet out more than
ei~~ht ~`~ inches fr,~m facade.
c. ~t-x11 muunted_si~rns shall n~i
f, PYf1L
rtn~?course.
ll not pn~jcc~_mure
than four (~ feet from facade and shall not be thicker than six ~) inches.
g. A urojeeting sign shall proieet out per~~endicular from facade.
h. Projecting_si~r- and structural elements shall not be kn~~er than eight (~ from the
sidewalk nor shall be higher than the bottom. of the sill of the second floor windows.
i. Si~na~re shall be constructed of metal, t~-~,od stone, plastic ,with three dimensional
reliefs) and/or cloth.
j. "The br,cket~ and structure for pr,~'ectin~ sisigns shall be ornamentall~~ desi~med.
k. With the elception of indi~id,ial letters, only csternally illuminated si;rns .,rc cello»ed~,
1. Monument signs shaUnut be ailvwed. Existing~i3icjnument sip*ns erected prior to the
date of the adoption of this section can be rebuilt~o the same size in the same.
location.
n,. ,side from a date and name stone not exceeding three ~ sduare feet, no ssignage
shall be placed «~ithin the parapet anel area.
n. Window suns and temnora ~ c,n-site signs attached tv or printed once win~iu~tr may
not cover ,more than 50.pcrcent of the windo~r surface area.
o. Portable suns shall be limited to unlit A-frame Sinn, with a masin, um height of
three 3~ feet and a total area of six (6) sduare feet per side. Such~i~ns shall not
6hstrucl~t~edestrian traffic nor impede vehicular traftc_
p. Onl ~ one 1 ortablc sib, m a~ be display ell directly in front of a business at any
given time and shall he dis la,~ad oni~ during business hours_
q. Street numbers must be prominentlyr displayed'~at the main entrance to c~~c~
usiness and he visible from the street.
Sec. 30-873. I-1 light industrial district
Temporary signs as permitted in section 30-851 ct sec.
(2) ~ Permanent signs.
a. One ~~petmanent area identitcation sign er neighborhood, subdivision, or
development, not to exceed C4 sc uare feet ~r-ith a maximum height of 20 feet. 'The
area identification sign shad be located on the same remises as the devclo meet it
identities.
One 1 freestanding sign, nut to exceed 150 s~ uare feet Keith a maximum height of 30
feet. Where a lot has i,i cucss oC_300 fcct~of street frontage, one 1,~litiortal
JE'reestandinr, or Monument si~m ~~-ill he allowed. This sign shall be sub~cct to the
size and height limitations of the first allowed Freestanding or Monument sign and
on the same Premise.
c. The Siam Area ofArrt Identification Si;;ns and breest~,ndifi~' Signs maybe increased
2S°'~, if the si~~n is constructed as a Monument S
d. One 1~ ~~~all sign, not to excecd120 sduarefeetperoccupanc~
(3)TAcivertising signs. ~Billboarci~
Page 9 of 17
a. Yrohibitcd within 700 feet ~f the intersection of the high~~ay~ right-uf-~,~~a=, az~d and
other right-of-way or drivr~~:i~ .
b. Prohibited within 1,,200 feet of another advertising sign on the same side of the right-
of-way .
c. Shill be erected ~~~ith a single sole or mono-pole structural standard and shall have
undrr~Tround u-irin~.
d. The base of anv advertising sign must he landse~ed to prevent erosion and noxious
weeds and must be t~ru crh__maintained.
e. '.Shall not e~cec:d 400~s~luare feet in area nor 25 feeti^ height pis measured
yerpendicularly from~the height of the highest point of the signstructure to thc~rade
level dircctk below the sign 'The existing_grade may not be altered for rlic purpose of
increasing sign hci ht.
f. ,Shall be considered a principal use of the property Existing advertising sip-ns must
principal use.
g. The city shall perform a yearly inspection of the advertisin~7 deg ices to ensure
compliance of said ~~d,~crtising structure with the provisions ~~f this section and other
provisions of this article. The fee for said inspection shall be set b~ the cit< council
by resolution from tune to time.
h. ;.Shall gnh be allowed in I-1 coned property adjacent to right-of-way for state
highy~.ys number 10 and 169.
Sec. 30-874. I-2 medium industrial district
~~em »rin°~ns as permitted in section 30-851 ct sed,
(2) Permanent S1gnS•
a. Onr l~permanent area identification sig n tier neighborhoud,_suhdi~~ision, or
d~~vc~l~~r~ment_ nit to c°xc•c•c-d 6d sdu:3re fear ~~-ith a maxim um heisrht of 20 feet.
area identification sign shall be located on the sam~remiscs as the development it
identifies.
b. One 1 freestanding sign, not to exceed 150 s arc feet with a maximum hci~ht f 3
feet. ~~=here a lofhus iu excess of 300 fc_ct of street frontag~e,_ one fit) additional
Freestanding or 11~Ionurocnt sign will be ,~llowcd. This sinnshall be subject to the
size and he~ht limitations ~f the first allow cd Freestandin<r or 1~Ionument sifm and
ma - e placed no closer than 1~0 feet tg am~ other hrcestandin~~ ~_~r Monument s~~n
on the same premise.
c. '1 he Sig_n_nrea of Area Identification Signs and Freestanding Signs~may be increased
25'iu if the sign is consttticted as a l~loniuncnt Simon.
d. One ~ wall sign, not to exceed 120 sg uarc feet het occupanc~~r.
(3) Advertising suns. Billboard)
a. Prohibited 1~Tithin 100 feet of the intersection of the-highwai~right-of-1~ a~~and any
other right-o#~wa~or dri>>c~<<«-.
b. Prohibited within 1,200 feet ufanother adverrising sign on the same side of the righl_
ofof~~av.
c. Shall be erected ~~ ith ~a single pole or mono-pole structural standard and shall have
undcrgr~~und wiring>.
d. .The base of anv advertising sign m ust be landscaped to ttrevent erosion and noxious
weeds and must be properly maintained.
e. matt not exceed µvU ~gt~are ree_tm_area nor
perpendicularly from the hci~„ht of the hi hest point of the sign structure to the grade
lie~rl dircctk- below the sin. The ea~istin~~grade may not be altered for the purpose of
in c ~ easing sign'height.
Page 10 of 17
~~al use of the Qrot~crt~:• Existin~> ad~Lrtising suns r
cl utson which the° are situated is devoted to another
principal use.
g. The cin shall perform a ~ early inspccti~>rraf the advertising devices to ensure
cbm ~liance of said advertising structure with the provisions of this seetibn ail
by resolution from time to time.
Shall only be allowed in I-2 zoned property adjacent to right-of-~~a~- for stag
hiQhways number 10 and 169.
Sec. 3U-873. I3P business park district
J1~:_=Tcm~~nr~ir}=suns as permitted in 5cction 30-851 et seq.
Permanent signs.
a. One ~1 freestandin i,~i<rn, not to exceed 64sduare feet ~ti-ith a m.rxirnum height of8
fce_t.
b. All freestanding sigua,*c shall be a iltanument SiQ-ti.
c. One (11 wall sign, not to cticced 120 square feetper occupancy.
Sec. 30-876. CRT commercial reser+'c transitional district
1 Tem ocu'~ si~rlis as permitted in section ~0-85Tet seq':
2 Permanent Si~~ns.
a. Ona ~1,I freestanding sign not to exceed 150 scruare feet witha maximum hei ht of 30
feet.
b. 't'hree ~ wali signs, not to exceed 3~~ square feet per ~~ccu anc r.
Secs. 30 8HS77--30-890. Reserved.
Sec. 30-1022. C-1 central business district.
(c) Accessory uses. Accessory uses in the C-1 district are as follows:
(1) =~ Signs as permitted in section 30-851 et seq.
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~~ Off-street parking facilities.
~~ Off-street loading facilities.
{§}j4~ Telephone booths.
{{r}~5~ Private recreational facilities.
{~j~ Public shelters and essential services.
Page ll of 17
Sec. 30-1023. C-2 office district.
(c) Accessory uses. Accessory uses in the C-2 district are as follows:
(1) ~ Signs as pern~itted in section 30-851 et seq.
. _ "",
riua~.o ui~.uu uvuiu N..i .uiv .. ..N ~.~ .. ....~ ..f......., .~~ .....~~. .. ua _..., ~..»_____~ --r _"
~~ Off-street parking facilities.
~~ Off-street loading facilities.
{~7~ Telephone booths.
{~j~5~ Private recreational facilities.
{~~ Public shelters and essential services.
Sec. 30-1024. C-3 highway commercial district.
(c) Aae.rrory uses. Accessory uses in the C-3 district are as follows:
(1) ~ Signs as permitted in section 30-851 et seq.
> >
Page 12 of 17
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~~ Off-street parking facilities.
{4j,(3~ Off-street loading facilities.
{§}~. Telephone booths.
{fr}~ Private recreational facilities.
~~ Public shelters and essential services.
Sec. 30-1025. C-4 community commercial district.
(c) Accessory uses. Accessory uses in the C-4 district are as follows:
(1) Uses customarily incidental to the permitted or conditional uses allowed in this district.
(2) Off-street parking areas.
(3) ~ Signs as permitted in section 30-851 et seq.
Page 13 of 17
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Sec. 30-1026. C-4 DD Ddowntown district
(c) Accessory uses. Accessory uses in the Downtown district are as follows:
(1) Off-street parking facilities.
(2) Off-street loading facilities.
(3) Telephone booths.
(4) Private recreational facilities.
(5) Public shelters and essential services.
(6) Sale of firearms.
(7) ~~ Signs as permitted in section 30-851 et seq.
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Page 14 of 17
Sec. 30-1292. I-1 light industrial district
(c) Accessory uses. Accessory uses in the I-1 district are as follows:
(1) Retail sales, provided:
a. The retail sales activity is not located in an administrative office facility, but is located within a
business, the principal use of which is not commercial sales.
b. The retail sales activity does not occupy more than 15 percent of the gross floor area of the
occupied quarters.
c. The retail sales activity is accessory to the principal use.
d. No sign identifying the retail sales is visible from the outside of the building.
(2) ~err~iera~ Signs as permitted in section 30-851 et seq.
..... __.....~~...s ~_a__., w_- r_~_~~__.._ ..------- -~-~~ ---- -- --------- --- -------a --a -
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Page 15 of 17
Sec. 30-1293. I-2 medium industrial. district
(c) Accessory uses. Accessory uses in the I-2 district are as follows:
(1) Accessory structures.
(2) q~ Signs as permitted in section 30-851 et seq.
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Sec. 30-1294. BP business park district
(c) Accessory uses. Accessory uses in the BP district are as follows:
(1) Off-street parking lots or facilities.
(2) Private recreational facilities.
(3) Public shelters and essential services.
(4) Retail sales, provided the following conditions are met:
a. The retail sales activity shall not be located in an administrative office facility, but shall be located
within a business, the principal use of which is not commercial sales.
Page 16 of 17
b. The retail sales activity shall not occupy more than 15 percent of the gross floor area, or a
maximum of 5,000 square feet of the occupied quarters, whichever is less.
c. The retail sales activity shall be related and subordinate to the principal use.
d. No sign identifying or promoting that retail sales occur within the building shall be visible from
outside the building.
e. Freestanding retail shops and stores shall be limited to those which complement other uses
within the business park and provide a service to those other businesses, and shall not exceed 20,000
square feet in size.
f. Retail/wholesale sales incidental to products manufactured, assembled, or warehoused on the
premises may be permitted as an accessory use provided no more than ten percent of the building is
used for retail/wholesale sales.
(5) Therapeutic massage when offered within the confines of a medical or chiropractic clinic.
(6) Tempe Signs as permitted in section 30-851 et seq.
Sec. 30-1583. CRT commercial reserve transitional district
(c) Accessory uses.
(1) Accessory farm structures.
(2) Public shelters and essential services.
(3) Garages and sheds including metal skinned buildings.
(4) ~~ Signs as permitted in Section 30-851 et seq.
Page 17 of 17
Section 30-1. Definitions
Sign, Alteration of, means any change, reconstruction, relocation, or enlargement/reduction
of a sign, or of any of its component parts. Routine maintenanc ,
and the repainting
shall not be deemed to be an alteration ~~l ~ - `1 ~ ~t Vf ulu~l,. "_
New Sign, Free.rtandin~ means any sign not attached to a principal or accessory building.
New Sign, Monument, means a Freestanding Sign supported by an internal structural framework
covered by solid structural feature such that the support structure is not visible. The solid
structural feature shall be at least 75% of the sign width.
New Sign, Moving means any sign or device which has any visible moving parts, visible revolving
parts, or visible mechanical movements.
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(1) The area of any sign shall be the rectangular area of the largest face including its
border area For sins that are composed of individual letters or symbols, have an
irregular shape have open spaces or are composed of two or more individual
cabinets, the sign area shall be the area of the smallest single rectangular figure that
encloses it.
(2) If a Freestanding or Monument sign is constructed so that the faces are not back
to back, the angles shall not exceed ten X10) degrees If the angle is greater than ten
(10) degrees, the total area of both sides added together shall not exceed the
maximum allowable sign area for that district.
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City Council Minutes Page 11
December 1, 200$
G.?. Summary of Temp ra_rv Commercial Real Estate Signs and ~thorizapon to Rev~ertv
Possible Amendments to the Sign Ordinance
Mr. Barnhart presented the staff report. Discussion followed. The council concurred that 6~'
signs are too large, and suggested staff make changes to the curreat sign ordinance.
Councilmember Motin asked about signs on trailers,
Counselor Beck stated there are a few cities that have addressed rules about signs on trailers.
He will review those cities and return to staff and the council with some language addressing
these types of signs.
Discuss Councl Worksession ~~ ndas
Councilmember Gumphrey xequested an additional council meeting so Counc~lmember
Farber could be a part of 1~Is. Johnson's performance review.
lvfs. Johnson suggested moving her review to December 8. It was decided to move the
review from January f 2 as well as add the topic "Credit Card Use for Payment of Certain
5ernices" to December 8 ~vorl:session.
C?ther. Business
There was no other business.
Council Updates
There were no council updates.
Staff Updates
lvls. Johnson asked how the counaI felt about a Cite staff member attending the NCDA
meetings. She stated the Northstar Corridor suggested it.
Councilmember lvTotin, who attends the meetings, didn't feel the information discussed at
the monthly meetings would be valuable.
At this time, council felt there wasn't a need fox staff to attend the monthly NCDA meetings.
Adiournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City
Council at 9:50 p.m.
lYTinutes prepared by Jennifer Johnson.
~~--'~
Tina Allard
Ciry Clerk
City Council Minutes
May 18, 2009
Page 4
Mr. Maurer stated the grant is heavily weighted on business development (75%) with dxe
rest of the weight given to safety and traffic issues. He stated the $10 million would only
cover approximately 65-75% of the total cost and the city would need to come up with the
rest of the funds. Mr. Maurer reviewed funding options and timelines if the city was to get
the grant. He noted it was along-shot for Elk River to get this grant due to competition for
the funds. He requested authorization for staff to move forward with the grant application
process.
Mayor Klinzing noted there is no determined location for the interchange at this time but
that the city would be required to meet certain Mn/DOT requirements.
Members of the audience requested this item be moved after Item 7.3 because they were
related subjects.
Mx. Maurer noted many studies and public comment periods would need to be held prior to
determining the final location for the interchange.
It was Council consensus to postpone further discussion until after Item 7.3.
Consider Extending Time for Meeting Wage and Job Goals Under the Tax Abatement and
Business Subsidy Agreeme~t~or tl~e Provo Entexp,~ es, LLC Project, Public Hearing
Ms. MeheJich presented the staff report.
Mayor Klitnzing opened the public hearing.
Pat Provo, Founder of Alliance Machine, Inc.-S'rovided a history of his business in Elk
River, current economic conditions, and discussed future company expectations.
Mayor Klinzing closed the public hearing.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER WESTGAARD TO EXTEND THE TAX ABATEMENT
AND BUSINESS SUBSIDY AGREEMENT TO PROVO ENTERPRISES, LLC
(ALLIANCE MACHINE, INC.) FOR THREE YEARS. MOTION CARRIED 5-0.
7.2. Request by, City of Elk River to Amend the City of Elk River Land Use Regulations Relating
to Signs_ Including 30-1: 30-851: 30-1022-102d: 30-1292-1294; 30-158. Case No. OA 09-01
- Public Hearir~gContinued From April 20, 2Q09 Council. Meeting
Mr. Barnhart presented the staff report submitted by Mx. Leeseberg.
Mayor I{]inzing re-opened the public hearing.
Steve Rohlf, representing Elk River Fard,17219 Highway 10 -Stated he suggested a
language change to staff that would define signage for campus type business settings. He
stated the ordinance changes would cause hardship for his business because car
manufactures have certain signage requirements before they will allow his company to sell
their product and he didn't feel he should have to get a variance for additional signage.
Mayor Klinzing closed the public hearing.
City Council Minutes Page 5
May 18, 2009
Council provided direction to staff on the following items:
1. Remove language stating a sign permit is required whenever there is change of
copy.
Mayor I{linzing stated this would be cumbersome to applicants every time they wanted
to make a sign change.
Councilmetnber Morin concurred but understood staff's intent to catch non-compliant
businesses and questioned if alternative ideas be developed far non-compliance issues.
2. More examples of rural based business signs.
The Council stated they had no issue with leaving the rural based business signs in the
ordinance but would like to see some examples.
3. The monument sign language as presented by staff is okay.
4. The housekeeping recommendations are okay.
5. Review of the commercial construction and commercial real estate signage
requirements from 64 square feet to 32 square feet.
Councilmember Gumphrey is opposed to reducing the square footage requirements.
Council requested more data from staff as they are unsure of how the size of the sign
would affect a commercial property, They suggested that one b4' sign may not be as
much of an issue as multiple signs.
6. Keep directional signs separate from the sign ordinance
it was noted that these types of signs help identify to traffic the correct direction to
follow and should not count against maximum signage.
7. Create alternative language to deal with signage fox large lots such as car
dealerships.
Couaalm.ember Morin suggested one sign per a specific amount of continuous lineal
footage yet to be determined for the Highway Commercial designations.
8. Section 30-861; Who is the "any person" that must apply for a permit and can
penalties be enforced for temporary sign violations.
Councilmelnbea: Morin questioned if the person must be the property owner,
landowner, tenant, or sign company and who gets penalized for installing signage
incorrectly.
Mr. Barnhart stated the property owner, tenant, and sign company are notified of
violations but that usually the permit expires prior to the violations being fixed.
Mr. Beck stated if the sign company pulls the permit and violates the sign ordinance
they could be liable for penalties. He stated the citlr would have more leverage to
City Council Minutes
May 18, 2409
Page 6
enforce penalties against property owners because an assessment can go against the
property.
Mayor I{linzing asked if past history of violation could be used to deny a perlxzit.
Mr. Beck stated if there is a current, outstanding violation, a permit could be denied, but
it would be snore difficult to deny based on prior violations.
Counciltnember Motin questioned if fines escalate i£ there are a certain number of
violations during a speciEc time period.
Mr. Barnhart will review the fines.
9. Section 30-SGO {4). Political Signs
Councilmember Motin noted political signs were already covered under Section 30-86G
and should be removed.
10. Signs in citizens yards
Councilmember Motin questioned signs in citizen's yards advertising events such as
Taste of Elk River. Staff was directed to check into whether there is any langaage in
current ordinance and Council felt it should be excluded from the ordinance.
Mayor I{linzing noted this item would come back to Council at a future date.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO MOVE ITEM 7.4 BEFORE ITEM 7.3 ON
THE AGENDA. MOTION CARRIED 5-0.
bequest y Phoenix Enterprises for Resolution Apt~r~g Easement Vacation to Vacate
Portion of Utility 1~a~ement, Case No. EV 09-01, Prx lic Hearing
Mr. Barnhart presented the staff report.
Mayor Klitizing opened the public hearing.
Gordon Bynum, 420 Rush Avenue -Requested more information on this item.
Staff discussed the request by Phoenix Enterprises.
Ed Youngquist, representing Phoenix Enterprises stated he is clearing the title work for
the subject property.
Mayor Klinzing closed the public hearing.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 09-28 FOR
VACATING A DRAINAGE AND UTILITY EASEMENT, CASE NO. EV 09-01..
MOTION CARRIED 5-0.