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Home My WebLink About06-06-2016 WSMayor Gary L. Peterson Councilmembers Robert A. Williams Bruce Nawrocki Donna Schmitt John Murzyn, Jr. City Manager Walter R. Fehst City of Columbia Heights 590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit our website at: www.columbiaheightsmn.gov The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763 -706-3611 to make arrangements. (TDD/763-706-3692 for deaf or hearing impaired only.) NOTICE OF WORK SESSION Meeting of: Columbia Heights City Council Date of Meeting: June 6, 2016 Time of Meeting: 7:00 PM (Following EDA Meeting) Location of Meeting: City Hall-Conference Room No. 1 Purpose of Meeting: Worksession 1.Joint Federal funding application with the City of Minneapolis for 37th Avenue from Central to Stinson Blvd 2.Discussion of request to divide lots on Stinson Blvd. 3.Sign Code Discussion 4.Discussion regarding support of Met Council Reform 5.Comprehensive Plan Discussion 6.Collective Bargaining Strategy* *This portion will be closed pursuant to MN Statute 13D.03 1 AGENDA SECTION WORK SESSION ITEM NO. MEETING DATE JUNE 6, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: APPROVE JOINT POWERS AGREEMENT WITH CITY OF MINNEAPOLIS FOR A JOINT GRANT APPLICATION TO RECONSTRUCT 37TH AVENUE FROM CENTRAL AVENUE TO STINSON BOULEVARD DEPARTMENT: PUBLIC WORKS CITY MANAGER’S APPROVAL: BY/DATE: KEVIN HANSEN / JUNE 2, 2016 BY/DATE: BACKGROUND: Over the last several years staff has contacted the City of Minneapolis regarding the condition of 37th Avenue. The street is a 45 feet wide concrete section with two way traffic and parking lanes on each side. Traffic counts are 9,000 ADT on the west and 10,100 ADT on the east. For the last five years, there has been little or no response from Minneapolis. Recently, the office of Transportation Planning and Public Works of Minneapolis contacted us to begin discussions on the street and to look at potential funding sources. Cursory estimates of the reconstruction cost of this segment of roadway are in the $8-10 million range, depending on the extent of utility work. Minneapolis brought forward the idea of jointly applying for Federal Funds under the Regional Solicitation Program (RSP), administered by Metropolitan Council. The RSP application itself is extensive. An overview of the program is attached. The most attractive benefit of the funding is that it will fund up to $7 million for eligible projects. Due to the scope of work required, Minneapolis has indicated they would prefer to act as lead agency for the application. Also, in the last decade, Minneapolis has been successful in 6 of 8 RSP Grant Applications. The cost of the consultant work to complete the application is $49,750, which would be funded equally between the two cities. Applications are due to Metropolitan Council July 15th, and awards are made in January of 2017. Funding is for projects in years 2020 and 2021. The City of Columbia Heights share is state-aid eligible. STAFF RECOMMENDATION: Staff recommends entering into a cost sharing agreement with the City of Minneapolis for the preparation and submittal of a Regional Solicitation Program Grant for the reconstruction of 37th Avenue from Central Avenue to Stinson Boulevard. ATTACHMENT(S): Regional Solicitation Program Grant overview WS1 2 3 4 5 AGENDA SECTION WORK SESSION ITEM NO. MEETING DATE JUNE 6, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: 4400 Stinson Blvd. Residential Development Proposal DEPARTMENT: Community Development CITY MANAGER’S APPROVAL: BY/DATE: Joe Hogeboom, 6/1/16 BY/DATE: BACKGROUND: The property at 4400 Stinson Boulevard, consisting of 1.68 acres, currently contains one single family home which was constructed in 1919. The property was recently acquired by Thomas (TJ) Brama, who wishes to develop the site with new single family residential housing. The following image depicts the location of the property: Mr. Brama has proposed to subdivide the property to accommodate seven single family residential lots. Five of the lots would be situated directly onto Stinson Blvd. These five lots would accommodate smaller homes, similar to those that were recently constructed at the Grand View (former K-Mart) site. The two additional lots would be setback from Stinson Blvd., and contain larger homes. Mr. Brama has included information about the proposed lot dimensions, home prices, lot layout and home design, which is attached for your reference. 4400 Stinson Blvd. Residential Development Proposal WS2 6 City of Columbia Heights - Council Letter Page 2 Mr. Brama’s proposal would require waivers to lot dimension requirements. Currently, new residential lots in this Zoning District (R-1) would be required to be 8,400 square feet in area and have a minimum lot width of 70 feet. The proposed homes may also require setback variances. Due to the fact that variances would be require for this project, Mr. Brama would like to present his proposal to the City Council and obtain feedback prior to engaging survey and engineering work on this site. Staff has met with Mr. Brama several times, and supports the concept of adding new, market-rate (and above) single family housing to this site. If positive feedback is given from the City Council, Mr. Brama hopes to proceed with this project this summer. ATTACHMENTS: 1.Proposed Site Plan (1 page) 2.Proposed House Elevation Image (1 page) 3.Proposed Lot Sale Prices and Proposed Lot Dimensions (1 page) 7 8 9 10 AGENDA SECTION WORK SESSION ITEM NO. MEETING DATE JUNE 6, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Sign Code DEPARTMENT: Community Development CITY MANAGER’S APPROVAL: BY/DATE: Jodi Griffin, June 1, 2016 BY/DATE: BACKGROUND: In August 2015, a Variance request to allow a sign to be painted directly on the exterior of a building and to allow for the sign to exceed the maximum allowable square footage for that Zoning District was brought before the Planning and Zoning Commission. The application was later tabled by the City Council to an indefinite date in order to allow time for staff to study the need for changes to the Zoning Code as it pertains to signage in the form of painted murals, and what steps the City should take to regulate murals in the future. It was also determined through conducting research for the above referenced Variance that inconsistencies exist in the square footage requirements in the various Commercial Zoning Districts. In order to gain insight as to how surrounding cities handle painted murals, Community Development staff conducted research both online and via telephone. This research was conducted in the following cities: Fridley, Brooklyn Center, New Brighton, Minneapolis, Spring Lake Park, St. Anthony and Blaine. (Please refer to the attachments which include documentation from this research). For those cities that specifically address the use of painted murals as a sign or public art, in most cases, painted murals are permitted; however, the stipulation is that they are not used for “advertising”. To address the issues of inconsistencies in the Sign Code and the difficulty interpreting this section of the existing Sign Code in Commercial Districts, staff developed a Sign Code Reference Chart – Commercial Districts. The reference chart can be used by staff when evaluating requests for future Sign Permit Applications and determining how the existing code applies. RECOMMENDATION: At this time, staff is proposing the following options be considered by City Council in regards to the current Sign Code: Option #1 - Take no further action/make no changes. To address painted murals, continue with existing code which prohibits any sign or graphics painted directly on any exterior surface and continue using the existing process requiring applicants to complete a Request for Variance for painted murals. Staff will begin using the Sign Code Reference Chart in order to evaluate future Sign Permit Applications. Option #2 - Do not change or amend the code itself, but simply reorganize existing rules into a more “user-friendly” format; possibly incorporate the Sign Code Reference Chart – Commercial Districts developed by staff into the Zoning Code. WS3 11 City of Columbia Heights - Council Letter Page 2 Option #3 – Amend the existing code to a more “user friendly” format and add a provision allowing certain forms of public art or murals and define the process by which the City will review these Sign Permit Applications and regulate murals in the future. Option #4 – Keep existing Sign Code, but add a provision for allowing certain forms of public art or murals. CONCLUSION: Staff requests that City Council review the attached Sign Code in order to determine which of the above options they would like staff to move forward with. If the Council consents to amend the existing code, and add a provision to allow for certain forms of public art, staff will develop a draft Ordinance for the City Council to consider at an upcoming meeting. ATTACHMENTS: Documentation of research in other cities via phone calls and internet Copy of Sign Code Reference Chart – Commercial Districts Copy of Sign Code 12 PAINTED MURAL research info: General Notes: *Most cities do not have anything in their sign code at this time to specifically address mural/painted wall signs. *Those that have something to specifically address painted murals state that it is permitted, but cannot be considered “advertising”. City of Fridley Contact: Stacy Stromberg – City Planner 763-572-3595 Their current sign code does not allow for painted murals. 214.04 – Signs prohibited in all districts “Any signs painted directly on buildings” They do have a few commercial properties in the City that have painted walls, but it is just pictures…not text/advertising. They are looking into changing their sign code also. City of Brooklyn Center Contact: Tim Benetti – Spoke to him on 04-11-16 to confirm below 763-569-3300 Prohibited signs - 150.05 (G) – Signs painted directly on building walls. Exception is on Federal, State, City, Public Schools, Hennepin County and Three Rivers Park District buildings. City of New Brighton Contact: Janice Gundlach 651-638-2059 Nothing in their code that addresses painted murals Spoke to Janice Gundlach who stated that painted art/murals are not prohibited and they do not have anything in their code that speaks directly to murals/painted art on buildings. In these cases, they follow the same guidelines as Institutional/Wall/Mounted signs. They have some Industrial Businesses that have their identification painted on their building, but it is not considered advertising. 13 City of Minneapolis Contact: Haila Maze 612-673-5095 ext. 2098 Called on 04-06-16 and spoke to Haila, she referred me to Brad Ellis at 612-673- 3239. Spoke to Brad Ellis - City of Minneapolis is currently in the process of adopting an amendment to their Sign Code. City attorney working on it but has been out on extended leave. Will be back in about a month. Concerns over Reed versus Gilbert Decision passed by U.S. Supreme Court December 2015 regarding freedom of speech and how that will affect changes . Currently their sign code defines a mural as a “work of graphic art or painting”. When there is a gray area whether the proposed art work is Graffiti versus Art, a Brad, Steve Poor (Director of Development) and Mary Altman – Public Arts Administrator meet to decide and make that determination. City of Blaine Dawn Bugge – Planning Administrative Assistant 763-785-6180 Section 34.06 (Permitted signs – No permit required) j)Wall graphics are allowed provided they are not used for advertising & provided the approval of the Zoning Administrator has been granted. (Amended 6-5-86. Ord. 86- 934) WALL GRAPHIC: Visual artistic representations, symbols, and affiliations with state, federal, or international organizations. (Amended 2-6-97. Ord. 97-1637) City of Spring Lake Park §153.084 PROHIBITED SIGNS. (A) The following signs are prohibited: (8) Any sign painted upon the wall of a building. City of St. Anthony There is nothing in their Sign Code that addresses painted graphics. 14 LBD (Limited Business District) CBD (Central Business District) GBD (General Business District) I-1 & I-2 (Industrial District) WALL SIGNS WALL SIGNS WALL SIGNS WALL SIGNS Any number of Wall Signs on any side of a building: Not to exceed 50 sq. ft of total surface area for all sign surfaces One surface per sign Any number of wall signs on any side of a building: Not to exceed 100 sq. ft of total surface area for all sign surfaces One surface per sign Any number of wall signs on any side of a building: Not to exceed 200 sq. ft of total surface area for all sign surfaces One surface per sign Any number of wall signs on any side of a building: Not to exceed 100 sq. ft of total surface area for all sign surfaces Limited to two surfaces If a parcel of land directly abuts residentially zoned land: No wall sign may be located on the side of the bldg.. that faces the abutting residential parcel If a parcel of land directly abuts residentially zoned land: No wall sign may be located on the side of the bldg.. that faces the abutting residential parcel If a parcel of land directly abuts residentially zoned land: No wall sign may be located on the side of the bldg.. that faces the abutting residential parcel If a parcel of land directly abuts residentially zoned land: No wall sign may be located on the side of the bldg.. that faces the abutting residential parcel Parcel which faces a public alley: One wall sign on each side of the bldg.. facing a public alley Not to exceed 4 sq. ft. per surface Limited to one surface per sign Parcel which faces a public alley: One wall sign on each side of the bldg.. facing a public alley Not to exceed 4 sq. ft. per surface Limited to one surface per sign Parcel which faces a public alley: One wall sign on each side of the bldg.. facing a public alley Not to exceed 4 sq. ft. per surface Limited to one surfa`ce per sign Billboards located adjacent to public streets with speed limits of 45 mph or more: Placed at a minimum of 1,500 ft. intervals Not to exceed 100 sq. ft. per surface Limited to two surfaces 15 LBD (Limited Business District) CBD (Central Business District) GBD (General Business District) I-1 & I-2 (Industrial District) PYLON/MONUMENT PYLON/MONUMENT PYLON/MONUMENT PYLON/MONUMENT One freestanding Pylon Sign: Only if the building or structure is located adjacent to a State Trunk Highway** Located 20 ft. or more from the front lot line Not to exceed 40 sq. ft. per surface Limited to two surfaces Set a minimum of 5 ft. from any property line Set a minimum of 5 ft. from any bldg. or structure on the same lot Max. height of a Pylon Sign including its structure shall not exceed 20 ft. above grade at street level or at the base of the sign, whichever is greater Max. height of a Monument Sign including its structure shall not exceed 8 ft. above grade at street level or at the base of the sign, whichever is greater. One Monument Sign: Not to exceed 50 sq. ft. in size Limited to two sides Not to exceed 10 ft. in height Set a minimum of 5 ft. from any property line Set a minimum of 5 ft. from any bldg. or structure on the same lot Max. height of a Pylon Sign including its structure shall not exceed 20 ft. above grade at street level or at the base of the sign, whichever is greater. Max. height of a Monument Sign including its structure shall not exceed 8 ft. above grade at street level or at the base of the sign, whichever is greater. One Freestanding Pylon Sign: Only of the building or structure is located adjacent to a State Trunk Highway AND Located 20 ft. or more from the front lot line Not to exceed 75 sq. ft. per surface Limited to two surfaces Max. height of a Pylon Sign including its structure shall not exceed 25 ft. above grade at street level or at the base of the sign, whichever is greater. Max. height of a Monument Sign including its structure shall not exceed 8 ft. above grade at street level or at the base of the sign, whichever is greater. Unless located in the Design Overlay District…the maximum height may be increased to 10 ft. above grade at street level or at the base of the sign, whichever is greater, if the principal structure is One Freestanding Pylon Sign: Only if located 20 ft. or more from front lot line Not to exceed 100 sq.ft. Limited to two sides Not to exceed 10 ft. in height Set a minimum of 5 ft. from any bldg.. or structure on the same lot ** Where the 20 ft. setback cannot be met, one Monument Sign: Not to exceed 50 sq. ft. in size Limited to two sides Not to exceed 10 ft. in height Set a minimum of 5 ft. from any bldg.. or structure on the same lot 16 LBD (Limited Business District) CBD (Central Business District) GBD (General Business District) I-1 & I-2 (Industrial District) greater than or equal to 22 ft. in height. A SECOND FREESTANDING SIGN: Not to exceed 75 sq.ft. Limited to two surfaces Located at least 50 ft. from any other freestanding sign At least 25 ft. distant from the lot line of any adjoining parcel other than a street or alley SHALL BE PERMITTED PROVIDED: A)The bldg. contains more than 80,000 sq. ft of gross floor area or the site on which the bldg. is located contains more than 90,000 sq. ft of surface area B)If the street frontage of the site on which the bldg. or structure is located exceeds 150 ft. in length C)If the bldg. is located 20 ft. or more from the front lot line and is located adjacent to a State Trunk Highway, a second freestanding sign not to exceed 75 sq. ft. 17 LBD (Limited Business District) CBD (Central Business District) GBD (General Business District) I-1 & I-2 (Industrial District) and limited to 2 surfaces shall be permitted at a location at least 50 ft. distant from any other freestanding sign and at least 25 ft. distant from the lot line of any adjoining parcel of land other than a street or alley. **If not located adjacent to a State Trunk Hwy and/or where 20 foot setback cannot be met…One Monument Sign: Not to exceed 40 sq. ft. in size Limited to 2 sides Not to exceed 8 ft. in height Set a minimum of 5 ft. from any property line. Set a minimum of 5 ft. from any bldg. or structure on the same lot **If not located adjacent to a State Trunk Hwy and/or where 20 foot setback cannot be met…One Monument Sign: Not to exceed 50 sq. ft. in size Limited to 2 sides Not to exceed 10 ft. in height Set a minimum of 5 ft. from any property line. Set a minimum of 5 ft. from any bldg. or structure on the same lot 18 LBD (Limited Business District) CBD (Central Business District) GBD (General Business District) I-1 & I-2 (Industrial District) AREA IDENTIFICATION AREA IDENTIFICATION AREA IDENTIFICATION AREA IDENTIFICATION One Area Identification Sign for each shopping center: Not to exceed 50 sq. ft. per surface Limited to 4 surfaces AND In addition, One Area Identification Sign for each primary use: Not to exceed 2 sq. ft. per surface Limited to one surface AND In addition, one Wall Sign for each primary use business: Not to exceed 50 sq. ft. per surface Limited toone surface One Area Identification Sign for each shopping center: Not to exceed 100 sq. ft. per surface Limited to 4 surfaces AND In addition, One Area Identification Sign for each primary use: Not to exceed 2 sq. ft. per surface Limited to one surface AND In addition, one Wall Sign for each primary use business: Not to exceed 100 sq. ft. per surface Limitedto one surface One Area Identification Sign for each shopping center: Not to exceed 100 sq. ft. per surface Limited to 4 surfaces AND In addition, One Area Identification Sign for each primary use: Not to exceed 2 sq. ft. per surface Limited to one surface AND In addition, one Wall Sign for each primary use business: Not to exceed 100 sq. ft. per surface Limitedto one surface One Area Identification Sign for each primary use: Not to exceed 2 sq.ft per surface Limited to one sign One wall sign per bldg. with an area of the lesser of 20 sq.ft or ½ sq. ft. for each front foot of a bldg.. or structure provided that the said sign is located on the same side of the bldg.. as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility One wall sign per bldg. with an area of the lesser of 20 sq.ft or ½ sq. ft. for each front foot of a bldg.. or structure provided that the said sign is located on the same side of the bldg.. as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility One wall sign per bldg. with an area of the lesser of 20 sq.ft or ½ sq. ft. for each front foot of a bldg.. or structure provided that the said sign is located on the same side of the bldg.. as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility 19 LBD (Limited Business District) CBD (Central Business District) GBD (General Business District) I-1 & I-2 (Industrial District) designated by the City as approved public parking designated by the City as approved public parking designated by the City as City as approved public parking 20 LBD (Limited Business District) CBD (Central Business District) GBD (General Business District) I-1 & I-2 (Industrial District) GENERAL RESTRICTIONS GENERAL RESTRICTIONS GENERAL RESTRICTIONS GENERAL RESTRICTIONS Total sign area not to exceed 2 sq. ft. for each front foot of the bldg. or structure. **In the case of multiple occupancy: The wall surface for each tenant, user or owner shall include only the surface area on the exterior façade of the premises occupied by such tenant, user or owner Total sign area not to exceed 2 sq. ft. for each front foot of the bldg. or structure. **In the case of multiple occupancy: The wall surface for each tenant, user or owner shall include only the surface area on the exterior façade of the premises occupied by such tenant, user or owner Total sign area not to exceed 2 sq. ft. for each front foot of the bldg. or structure. **In the case of multiple occupancy: The wall surface for each tenant, user or owner shall include only the surface area on the exterior façade of the premises occupied by such tenant, user or owner Total sign area not to exceed 2 sq. ft. for each front foot of the bldg. or structure. **In the case of multiple occupancy: The wall surface for each tenant, user or owner shall include only the surface area on the exterior façade of the premises occupied by such tenant, user or owner 21 (P) Sign regulations. (1) Purpose. The purpose of this division is to allow effective signage appropriate to the character of each zoning district, to promote an attractive environment by minimizing visual clutter and confusion, to minimize adverse impacts on nearby property and protect the public health, safety and general welfare. (2) Application. The sign regulations set forth in this division shall apply to all structures and all land uses, except as otherwise prohibited by this article. All signs allowed by this division shall be limited to on-premise signs. (3) Permits. (a) Permit required. It shall be unlawful for any person to erect, build, construct, attach, hang, place, suspend, affix, structurally alter, or relocate any sign within the city without having first obtained a permit from the city unless herein excluded. (b) Application for sign permit. An application for a sign permit shall be filed with the Zoning Administrator on the approved form and shall be accompanied by such information as may be required to ensure compliance with the provisions of this division, including but not limited to, the following: 1.A drawing showing the proposed location of the sign for which the permit is being requested and the location of all existing signage on the premises. 2.A drawing indicating the size, color, content and materials of the sign, as well as the method of construction and attachment to the building or to the ground. 3.Engineering data showing the structure is designed to accommodate dead load and wind pressure, in any direction, in the amount required within this division, when specifically requested by the Zoning Administrator. (c) Application fee. Fees for all sign permits shall be established by resolution of the City Council. (d) Issuance of permit. Upon the filing of a completed application for a sign permit, the Zoning Administrator shall examine all accompanying drawing and supplemental data to determine compliance with the requirements of this division. Upon approval, the sign permit shall remain valid for a period of one year. If no work has commenced within such time period, a new permit shall be required even if no changes have been made to the original site plan. (e) Exemptions. The following changes shall not require a sign permit. These exceptions shall not be construed as relieving the owner of the sign from the responsibility for its proper erection and maintenance and its compliance with the provisions of this article or any other law or ordinance regulating the same. 22 1.The changing of the advertising copy or message of a painted or printed sign. Except for theater marquees and changeable copy signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exception. 2.Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon, unless a structural change is made. (4) General sign standards. (a) Construction requirements. All signs shall be constructed and maintained in such a manner so as to present a professional appearance and maintained in accordance with the applicable provisions of the Uniform Building and Electrical Codes. The site on which the sign is constructed shall utilize existing finished grade, and shall not be raised, bermed, or otherwise elevated above surrounding grade to achieve a greater height than allowed by this article. (b) Maintenance. All signs, including temporary signs, together with all of their supports, braces, guys, and anchors, shall be kept in good repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a safe, clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds. (c) Inspection. All signs for which a permit is required shall be subject to inspection by the Zoning Administrator. The Zoning Administrator, or any other official of the municipality who may be appointed by him is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this division are being obeyed. (5) Exempt signs. In all districts, the provisions of this section shall not apply to the following signs: (a) Signs of any governmental unit designed for regulatory and safety purposes; (b) Memorial plaques, cornerstones and historical tablets; (c) Political signs regulated per state statute; (d) Direction signs not more than two in number identifying the location and nature of a building, structure, or use which is not readily visible from the street, serving such building, structure, or use on lands forming part of the site of such buildings, structure, or uses, provided that each such sign is not more than ten square feet in total area; (e) Signs not exceeding nine square feet in area located upon private property and directed toward the prevention of trespassing; (f) Window signage that does not exceed 25% of the total area of the window on or in which it is displayed; 23 (g) Temporary signs pertaining to drives or events of charitable, educational or religious organizations, and governmental signs used for the promotion of citywide functions and/or events, provided that such signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and shall be removed within three days thereafter; (h) Flags or emblems of political, civic, philanthropic, educational or religious organizations; (i) In residential districts, one temporary on-site, freestanding real estate sign advertising the sale, lease, or rental of the lot or premises upon which such sign is situated, provided the sign does not exceed six feet in height and 15 square feet in area. On corner lots, a second such sign may be located on the property if said sign abuts a second street right-of-way. No such temporary on-site sign shall remain seven days past the date of termination of such offering. (j) In commercial or industrial districts, one temporary on-site, freestanding real estate sign advertising the sale, lease, or rental of the lot or premises upon which such sign is situated, provided the sign does not exceed six feet in height and 32 square feet in area. On corner lots, a second such sign may be located on the property if said sign abuts a second street right-of-way. No such temporary on-site sign shall remain seven days past the date of termination of such offering. (k) One on-site temporary sign advertising a group of lots for sale within a subdivision or a group of homes for sale within a project along each street frontage which bounds such subdivision or project, provided that the total area of such sign shall not exceed the greater of 64 square feet with no single dimension in excess of 16 feet or eight square feet per lot or house for sale. No such on-site temporary sign shall remain past the sate of sale of the last lot within the subdivision or the last house within the housing project. (l) Temporary on-site signs indicating the name and nature of a construction or demolition project, plus the names of the contractors, subcontractors and professional advisors, provided the combined area of such signs fronting upon each street which abounds such project shall not exceed a ratio of two square feet of sign area for each 1,000 square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of 64 square feet with no single dimension in excess of 16 or eight square feet per house or lot on which such construction or demolition is located. The display of such sign shall be limited to a period not to exceed the duration of the said construction or demolition project, at which time such signs shall be removed. (m) One wall sign per dwelling for permitted home occupations not to exceed two square feet per surface and limited to one surface. (n) Time and temperature signs not to exceed 20 square feet per sign and one sign per side of building. (o) In commercial or industrial districts, one temporary on-site banner or pennant advertising the sale of the lot or premises on which such a banner or pennant is situated, or one temporary on-site banner or pennant advertising the lease or rental of a tenant space, provided that the banner or 24 pennant shall not exceed 48 square feet in area when advertising the sale of the lot or premises, and 32 square feet in area when advertising the lease or rental of a tenant space. No such banner or pennant shall remain past the date of the offering. (6) Prohibited signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community’s unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on a balcony. (b) Any sign that obstructs any part of a doorway or fire escape. (c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be construed as traffic controls. (e) An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. (f) A flashing sign, including indoor flashing, electrical signs visible from the public right- of-way, other than time and temperature signs limited to such time and temperature information. (g) A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior surface by adhesive or mechanical means. (h) Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature. (i) A projecting sign which either extends more than 18 inches from the building or structure to which it is attached, or which is larger than three feet in vertical height, other than canopy or marquee signs. (j) Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. (k) Any sign that is erected, placed or maintained by any person on a rock, fence, or trees. (l) Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. (m) Any sign containing electrical wiring which does not conform to the Electrical Code or the components thereof do not bear the label of an approved testing agency. 25 (n) Any window sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (o) Portable signage, excluding sandwich board signs. (p) Temporary signage stuck into the ground, excluding political signs regulated per state statute, professional real estate signs, garage sale signs, and any listed in division (P)(5). (q) Variable electronic message signs. (7) Temporary signs. The following standards shall apply to temporary signs in all zoning districts: (a) Each temporary sign, with the exception of sandwich board signs, shall require a sign permit from the City of Columbia Heights. (b) No more than four temporary sign permits may be issued per business per calendar year. (c) No more than two temporary signs shall be displayed per business at any given time. When two temporary signs are displayed, each sign shall require a permit and each sign will count toward the allotment of temporary signage permitted per business per calendar year. If the business is located within a shopping center, nor more than four temporary signs may be displayed throughout the shopping center at any given time. (d) Any sign not considered permanent shall be considered temporary. (e) Temporary signage may not be used as permanent wall signage for the business. (f) Temporary signs or pennants shall not exceed 32 square feet in area for businesses located in the CBD, Central Business District, and shall not exceed 48 square feet in area throughout the remainder of the city and shall be directly and fully attached to the wall of the building. (g) Each temporary sign shall be limited to a 30-day display period per permit. (h) Grand opening signs. 1.Each new business is permitted one grand opening sign, at the time when the new business is established in the city. 2.Grand opening signs do not require a permit. 3.The signs do not count against the total number of temporary signs allowed per property per calendar year. 4.Grand opening signs are allowed for no more than 60 consecutive days. 5.Grand opening signs must display a message consistent with the promotion of the grand opening on the new business. 26 6.Grand opening signs shall be no greater than 50 square feet in area. 7.The signs must meet all other applicable regulations for temporary signage in the city pertaining to placement on the property, maintenance, and the like. (i) No temporary sign shall extend over or into any street, alley, sidewalk or other public thoroughfare, and may not cover more than 25% of window area such that 75% of the total window area is kept clear at all times. (j) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. (k) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. (l) Sandwich board signs. 1.Permitted in the LB, Limited Business, GB, General Business, and CBD, Central Business District only. 2.One sandwich board sign is permitted per business. 3.Sandwich board signs are limited to eight square feet in area per side. 4.Sandwich board signs are limited to five feet in height. 5.The sign shall be professionally painted and maintained in a neat and readable manner. 6.Signs shall be placed on private property only, and shall be set back at least five feet from all property lines. 7.Signs shall not obstruct vehicular or pedestrian traffic or visibility and shall not create a safety hazard. 8.Signs shall not be lighted and shall not utilize noise amplifiers. 9.In the CBD, Central Business District only, sandwich board signs may be placed on public sidewalks, directly in front of the business being advertised. (8) Dynamic LED signage. (a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1.Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All 27 dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2.A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and- minute, date, or temperature information. 3.A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses. 4.The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5.The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6.Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7.Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half- hour after sunrise. 8.Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to § 9.105(E). (9) Signs in Residential Districts R-1, R-2A and R-2B. (a) Permitted signs. In the R-1, Single-Family Residential District, and the R-2, Two- Family Residential District, the following signs shall be permitted: 1.One identification sign per dwelling unit not to exceed two square foot per surface, and limited to one surface attached directly to the structure. 28 2.One wall or ground sign for each conditional use other than the residential use, not to exceed 16 square feet per surface, and limited to two surfaces. 3.One institutional sign not to exceed 40 square feet per surface, limited to two surfaces, and set back a minimum of ten feet from any property line. 4.In case of multiple structures on one parcel, a second institutional sign may be installed provided there is a minimum distance of 75 feet between the two sign structures. (b) Restrictions on permitted signs. Permitted signs in the R-1, Single-Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: 1.The maximum height of a sign, including its structures, shall not exceed eight feet above the grade at street level or at the base of the sign, whichever is greater. 2.No animated sign shall be permitted. 3.All illuminated signs shall be shielded in such a way as to protect the rights of adjacent property owners from nuisance. 4.The sign number and area permitted by this division are considered maximums. These maximums, or any portions thereof which are not utilized by the owner, occupant or user of property are non-transferable to any other property owned by such persons, or to any other owner, occupant or user of property in the same or other districts. (c) Conditional use signs. In the R-1, R-2A and R-2B Districts, the following signs shall require a conditional use permit: 1.A dynamic LED sign used in conjunction with a religious institution. 2.A dynamic LED sign used in conjunction with an educational institution. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the R-1, Single- Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: 1.All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 2.All signage must meet the requirements for dynamic LED signs as outlined in division (P)(8) above. 3.A dynamic LED sign may change its message with a frequency of no less than one message for each ten minutes of display time. (10) Signs in Residential Districts R-3 and R-4. 29 (a) Permitted signs. In the R-3, Limited Multiple-Family Residential District, and the R-4, Multiple- Family Residential District, the following signs shall be permitted: 1.One identification sign per dwelling unit not to exceed two square feet per surface, limited to one surface, and attached directly to the structure for each single- and two-family residence. 2.One area identification sign per lot line facing a public street not to exceed 16 square feet per surface and limited to two surfaces, for each multiple dwelling. 3.One institutional sign not to exceed 40 square feet per surface, limited to two surfaces, and set back a minimum of ten feet from any property line. 4.In case of multiple structures on one parcel, a second institutional sign may be installed provided there is a minimum distance of 75 feet between the two sign structures. (b) Restrictions on permitted signs. Permitted signs in the R-3, Limited Multiple-Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1.The maximum height of a sign, including its structures, shall not exceed eight feet above the grade at street level or at the base of the sign, whichever is greater. 2.No animated signs shall be permitted. 3.All illuminated signs shall be shielded in such a way as to protect the rights of adjacent property owners from nuisance. 4.The sign number and area permitted by this division are considered maximums. These maximums, or any portions thereof which are not utilized by the owner, occupant or user of property are non-transferable to any other property owned, occupied or used by such persons, or to any other persons, or to any other owners, occupant or user of property in the same or other districts. (c) Conditional use signs. In the R-3 and R-4 Districts, the following signs shall require a conditional use permit: 1.A dynamic LED sign used in conjunction with a religious institution. 2.A dynamic LED sign used in conjunction with an educational institution. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the R-3, Limited Multiple-Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1.All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 2.All signage must meet the requirements for dynamic LED signs as outlined in division (P)(8) above. 30 3.Dynamic LED signs may change its message with a frequency of no less than one message for each ten minutes of display time. (11) Signs in LB, Limited Business District. (a) Permitted signs. In the LB, Limited Business District, the following signs shall be permitted: 1.Any number of wall signs on any side of a building not to exceed 50 square feet of total surface area for all sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2.One freestanding pylon sign only if the building or structure is located adjacent to a state trunk highway and located 20 feet or more from the front lot line, not to exceed 40 square feet per surface, and limited to two surfaces. 3.If not located adjacent to a state trunk highway and/or where the 20-foot setback cannot be met, one monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and set a minimum of 5 feet from any property line. 4.Any pylon or monument sign must be a minimum of five feet from any building or structure on the same lot. 5.One wall sign on each side of the building which faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 6.One area identification sign for each shopping center not to exceed 50 square feet per surface, and limited to four surfaces, in addition to one wall sign for each primary use business not to exceed 50 square feet per surface, limited to one surface. 7.One identification sign for each use other than primary use not to exceed two square, feet per surface, and limited to one surface. 8.One wall sign per building with an area of the lesser of 20 square feet or 1/2 square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. (b) Restrictions on permitted signs. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: 1.Total sign area shall not exceed two square feet for each front foot of the building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 31 2.The maximum height of a pylon sign including its structure shall not exceed 20 feet above grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign including its structure shall not exceed 8 feet above grade at street level or at the base of the sign, whichever is greater. 3.The sign number and area permitted by this section are considered maximums. These maximums, or any portion thereof, which are not utilized by the owner, occupant or user of property are non-transferable to any other property owned, occupied or used by such persons, or to any other owner, occupant or user of property in the same or other districts. (c) Conditional use signs. In the LB District, the following signs shall require a conditional use permit: 1.A dynamic LED sign used in conjunction with a commercial business. 2.A dynamic LED sign used in conjunction with a religious institution. 3.A dynamic LED sign used in conjunction with an educational institution. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the LB, Limited Business District, are subject to the following restrictions: 1.All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 2.All signage must meet the requirements for dynamic LED signs as outlined in division (P)(8) above. 3.Dynamic LED signs may change its message with a frequency of no less than one message for each 10 seconds of display time for commercial businesses. 4.Dynamic LED signs may change its message with a frequency of no less than one message for each ten minutes of display time for religious or educational institutions. (12) Signs in CBD, Central Business District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall be permitted: 1.Any number of wall signs on any side of a building not to exceed 100 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces abutting residential parcel. 2.One monument sign not to exceed 50 square feet in size, limited to two sides, not to exceed ten feet in height, and set a minimum of five feet from any property line. 32 3.Any monument sign must be a minimum of five feet from any building or structure on the same lot. 4.One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 5.One area identification sign for each shopping center not to exceed 100 square feet per surface, and limited to four surfaces; one wall sign for each primary use business, not to exceed 100 square feet per surface and limited to one surface. 6.One identification sign for each user other than the primary use, not to exceed two square feet per surface, and limited to one surface. 7.One wall sign per building with an area of the lesser of 20 square feet or one-half square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. (b) Restrictions on permitted signs. Permitted signs in the CBD, Central Business District, are subject to the following restrictions: 1.Total sign area shall not exceed two square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 2.The maximum height of a monument sign, including its structures, shall not exceed eight feet above grade at street level or at the base of the sign, whichever is greater. 3.The sign number and area permitted by this division are considered maximums. These maximums, or any portion thereof, which are not utilized by the owner, occupant or user of property are non-transferable to any other property owned, occupied or used by such persons or any other owner, occupant or user of property in the same or other districts. (c) Conditional use signs. In the CBD District, the following signs shall require a conditional use permit: dynamic LED signage. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the CBD, Central Business District, are subject to the following restrictions: 1.All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 2.All signage must meet the requirements for dynamic LED signs as outlined in division (P)(8) above. 33 3. Dynamic LED signs may change its message with a frequency of no less than one message for each ten seconds of display time. (13) Signs in the GB, General Business District. (a) Permitted signs. In the GB, General Business District, the following signs shall be permitted: 1. Any number of walls signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One freestanding pylon sign only if the building or structure is located adjacent to a state trunk highway and located 20 feet or more from the front lot line, not to exceed 75 square feet pe r surface and limited to two surfaces. Provided, however, that: a. If the building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area; b. If the street frontage of the site on which the building or structure is located exceeds 150 feet in length; and c. If the building is located 20 feet or more from the front lot line and is located adjacent to a state trunk highway, a second freestanding sign not to exceed 75 square feet and limited to two surfaces shall be permitted at a location at least 50 feet distant from any other freestanding sign and at least 25 feet distant from the lot line of any adjoining parcel of and other than a street or alley. 3. If not located adjacent to a state trunk highway where the 20-foot building setback cannot be met, one monument sign not to exceed 50 square feet in size, limited to two sides, not to exceed ten feet in height, and setback a minimum of five feet from any property line. 4. Any pylon or monument sign must be a minimum of five feet from any building or structure on the same lot. 5. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 6. One area identification sign for each shopping center, not to exceed 100 square feet per surface, limited to four surfaces, in addition to one wall sign for each primary use business, not to exceed 100 square feet per surface, limited to one surface. 7. One identification sign for each use other than primary use, not to exceed two square feet per surface, and limited to one surface. 8. One wall sign per building with an area of the lesser of 20 square feet or 1/2 square foot for each front foot of a building or structure provided that the said sign is located on the same side of the 34 building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. (b) Restrictions on permitted signs. Permitted signs in the GB, General Business District, are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 2. The maximum height of a sign, including its structures, shall include only the surface area on the exterior façade of the premises occupied by such tenant, user or owner. 3. The maximum height of a pylon sign, including its structures, shall not exceed 25 feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed eight feet above grade at street level or at the base of the sign, whichever is greater, unless the monument sign is located in the Design Overlay Highway District. In this case, the maximum height may be increased to ten feet above grade at street level or at the base of the sign, whichever is greater, if the principal structure is greater than or equal to 22 feet in height. 4. The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which hare not utilized by the owner, occupant or user of property are non-transferable to any other property owned, occupied or used by such persons or to any other owner, occupant or user of property in the same or other districts. (c) Conditional use permits. In the GB District, the following signs shall require a conditional use permit: dynamic LED signage. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the GB, General Business District, are subject to the following restrictions: 1. All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 2. All signage must meet the requirements for dynamic LED signs as outlined in division (P)(8) above. 3. Dynamic LED signs may change its message with a frequency of no less than one message for each ten seconds of display time. (14) Signs in I-1 and I-2 Industrial Districts. (a) Permitted signs. In the 1-1, Light Industrial District, and the I-2, General Industrial District, the following signs shall be permitted: 35 1. Any number of wall signs on any side of a building to exceed 100 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of building that faces abutting residential parcels. 2. One freestanding pylon sign only if the building or structure is located 20 feet or more from the front lot line, not to exceed 100 square feet per surface, and limited to two surfaces. Where the 20- foot setback cannot be met, one monument sign not exceed 50 square feet in size, limited to two sides, not to exceed 10 feet in height, and set a minimum of 5 feet from any building or structure on the same lot. 3. Any pylon or monument sign must be a minimum of five feet from any building or structure on the same lot. 4. One identification sign for each use other than primary use, not to exceed two square feet per surface and limited to one sign. 5. Billboards located adjacent to public streets with speed limits of 45 miles per hour or more, placed at a minimum of 1,500-foot intervals, not to exceed 100 square feet per surface and limited to two surfaces. (b) Restrictions on permitted signs. Permitted signs in the I-1, Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: 1. Total sign area shall not exceed two square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 2. The maximum height of a sign including its structures shall not exceed 25 feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed 10 feet above grade at street level or at the base of the sign, whichever is greater. 3. The sign number and area permitted by this division are considered maximums. These maximums, or any portion thereof, which are not utilized by the owner, occupant or user of property are non-transferable to any other property owned, occupied or used by such person or to any other owner, occupant or user of property located in the same or other districts. (c) Conditional use signs.In the I-1 and I-2 Industrial Districts, the following signs shall require a conditional use permit: dynamic LED signage. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the I-1, Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: 36 1.All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 2.All signage must meet the requirements for dynamic LED signs as outlined in division (P)(8) above. 3.Dynamic LED signs may change its message with a frequency of no less than one message for each ten seconds of display time. (15) Signs in the PO, Public and Open Space District. (a) Permitted signs. In the PO, Public and Open Space District, the following signs shall be permitted: 1.Any number of wall signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts a residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2.One monument sign per street frontage for those public facility parcels that include governmental offices. Such signs shall not exceed 50 square feet in area, and shall be located no closer than five feet from any property line. 3.Any number of freestanding identification signage used to promote the name of a public city, regional or state park. Such signs shall be no greater than 40 square feet in area, shall not exceed ten feet in height, and shall be located no closer than five feet from any property line. (b) Restrictions on permitted signs. Permitted signs in the PO, Public and Open Space District are subject to the following restrictions: 1.Total signage shall not exceed two square feet for each front foot of building or structure. 2.The maximum height of a monument sign shall not exceed ten feet in height. 3.The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which are not utilized by the owner or user of the property are non- transferable to any other property owned, occupied or used by such persons or to any other owner or user of property located in the same or other districts. (c) Conditional use signs. In the PO District, the followings signs shall require a conditional use permit: a dynamic LED sign used in conjunction with a governmental facility. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the PO, Public and Open Space District, are subject to the following restrictions: 1.All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 37 2.All signage must meet the requirements for dynamic LED signs as outlined in division (P)(8) above. 3.Dynamic LED signs may change its message with a frequency of no less than one message for each ten minutes of display time. (16) Signs for nonconforming residential uses. Sign number and area for residential uses in commercial, business or industrial zones are limited to the maximum number and area for the actual use of the subject property. (17) Minimum yard requirements–freestanding signs. The minimum front, side and rear yard requirements for freestanding signs shall be ten feet from any property line or as otherwise stated in this article. When the bottom edge of the freestanding pylon sign is eight feet or more above grade, the leading edge of the sign may extend within one foot of the property line. Provided, however, no freestanding sign shall invade the area required for traffic visibility by this division. 38 AGENDA SECTION WORK SESSION ITEM NO. MEETING DATE JUNE 6, 2016 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Metropolitan Council Reform DEPARTMENT: Community Development CITY MANAGER’S APPROVAL: BY/DATE: Joe Hogeboom, 5/20/16 BY/DATE: BACKGROUND: The Metropolitan Council governs regional planning for the seven-county Twin Cities Metropolitan Area. This region includes Hennepin, Ramsey, Anoka, Dakota, Washington, Scott and Carver Counties. As part of its general oversite, the Metropolitan Council oversees regional land use and transportation planning, affordable housing management, management of the regional sanitary sewer system and oversite of Metro Transit. The Metropolitan Council is the only regional planning agency in the United States that is operated by unelected officials. Critics of the Metropolitan Council say that the system creates taxation without representation. Supporters of the current system believe that competing political interests would stifle infrastructure planning and housing resource allocation on a regional level. There are sixteen Metropolitan Councilmembers who oversee sixteen separate planning districts. The districts cross county boundaries. The Governor appoints the Councilmembers, who in turn hire a Chairperson that oversees all staffing and operations. Columbia Heights is located in Metropolitan Council District 2, which is led by Councilmember Lona Schreiber. District 2 is laid out as follows: Metropolitan Council Reform WS4 39 City of Columbia Heights - Council Letter Page 2 MINNESOTA STATE SENATE ACTION ON REFORM: Earlier this month, the Minnesota Senate approved two reforms to the Metropolitan Council. The reform proposal, authored by Senator Scott Dibble (DFL-Minneapolis), and supported by the Citizens League, includes the following two primary measures: •Staggering the terms of the Metropolitan Council Members so that the complete Council does not turn over as a result of a gubernatorial election. This measure would potentially allow bipartisan leadership on the Council, as well as provide consistency in Metropolitan Council leadership when new governors are elected. •A 13-member Nominating Committee would be created to oversee appointment to the Metropolitan Council. The recommendations of the Nominating Committee would be public. The Committee would be comprised of at least three city representatives (mayors or council members) and three county representatives (board members). The Governor would still have ultimate authority for appointment of Council Members. Senator Dibble’s bill was passed by the Senate with a vote of 41-21. The bill would also have to be approved by the Minnesota House of Representatives and signed by Governor Dayton to take effect. Some lawmakers are concerned that this bill does not address all of the changes that could potentially be made to the Metropolitan Council. ADDITIONAL REFORMS TO CONSIDER: In May, Anoka County Board Chairperson Rhonda Sivarajah met with the City Council to request support of the Twin Cities’ Local Government Coalition for Metropolitan Council Reform (the “Coalition”). Chairperson Sivarajah stated that the coalition is comprised of a number of local government officials from Anoka, Dakota Carver and Scott Counties, as well as 34 cities, who have joined together to develop a position statement, as well as a set of guiding principles, meant to reform metropolitan governance in the Twin Cities. The Coalition’s objectives are as follows: 1.To articulate a vision of responsive and effective metropolitan governance – as represented by a Statement of Belief and Principles for Reform of the Metropolitan Council. 2.To align local government interests behind a reform effort – through formation of a broad coalition of metropolitan Cities and Council – and a common position. 3.To be prepared for any efforts – legislative and otherwise – to reform the governance structure and functioning of the Metropolitan Council. To achieve these objectives, the Coalition seeks the following reforms: •A majority of the members of the Metropolitan Council shall be elected officials, appointed from cities and counties within the region. •Metropolitan cities shall directly control the appointment process for city representatives to the Metropolitan Council. •Metropolitan counties shall directly appoint their own representatives to the Metropolitan Council. 40 City of Columbia Heights - Council Letter Page 3 •The terms of office for any Metropolitan Council members appointed by the Governor shall be staggered and not coterminous with the Governor. (*note – this action was supported by the Minnesota State Senate.) •Membership of the Metropolitan Council shall include representation from every metropolitan county government. •The metropolitan Council shall represent the entire region, therefore voting shall be structured based on population and incorporate a system of checks and balances. BENEFITS FROM THE METROPOLITAN COUNCIL: As a first-ring suburb, Columbia Heights likely receives greater benefit from the current structure of the Metropolitan Council than do developing communities in the outer fringes of the Twin Cities. Specifically, Columbia Heights benefits from the Metropolitan Council in the following ways: •The Metropolitan Council provides all low-income housing support services to residents in Columbia Heights through the administration of the Metropolitan Housing and Redevelopment Authority (“Metro HRA”). This includes housing counselling and support services to residents and the administration of federal Section 8 housing choice vouchers. •The Metropolitan Council operates and administers Metro Transit bus services within Columbia Heights. This includes “dial-a-ride” services for senior citizens and disabled individuals. •The Metropolitan Council administers grand dollars for certain development projects, such as Livable Communities Act funding. •The Metropolitan Council oversees planning, and provides certain funding, to regional parks and trails. Of the 34 cities that have endorsed the Coalition’s proposed reforms, the City of Mendota Heights is the only community located directly adjacent to Minneapolis and/or St. Paul thus far to do so. Certain members of the Crystal City Council support the Coalition; however, the City of Crystal in whole has not officially given support to the group. BENEFITS OF JOINING THE COALITION: If the principals of reform that are supported by the Coalition are enacted, cities would theoretically have greater control over the issues of land use, housing and transportation. If local officials serve on the Metropolitan Council, it would be easier for local issues and concerns to gain attention, and perhaps solutions, on a regional level. Local control over the Metropolitan Council may also have a more direct impact on how Council dollars are spent. In 2015, The Metropolitan Council’s operating budget was $936 million. Revenue was derived from the following sources: •38% - user fees (transit fares, wastewater treatment charges, etc.) •50% - state, federal and local government funds •9% - metropolitan-wide property tax •3% - other sources Politically, there may be benefit in supporting the coalition as well, considering that the Anoka County Board unanimously approved a supporting resolution of the measure in March of this year. 41 City of Columbia Heights - Council Letter Page 4 METRO CITIES’ POSITION: “Metro Cities” is an organization that was established in 1974 and intended to provide a voice for Twin Cities communities at the Metropolitan Council and at the State Legislature. In 2012, Metro Cities convened a Task Force on Metropolitan Governance. The Task Force was comprised of municipal leaders throughout the Twin Cities area. The Task Force has recommended that the following occur: • Continued support for Metropolitan Council member selection through appointment by the Governor. • Strengthening local official involvement and input into the selection process for Metropolitan Council members through specific statutory changes to the nomination process through which local officials would make up the majority of nominating committee members, and which would require the Governor’s adherence to the nominating committee’s recommendations barring extraordinary circumstances. • Continued support for staggered terms for Metropolitan Council members with the appointment of the Chair to coincide with the term of the Governor. • Principles of regional governance that emphasize the importance of Metropolitan Council accountability to and collaboration with city governments. • Support for a comprehensive and forward-looking analysis of the Metropolitan Council. • Support for legislative oversight of the Metropolitan Council. Metro Cities does not support the Coalitions’ position that would require the majority of the Metropolitan Councilmembers to be comprised of already-elected officials. Staff has been in contact with Metro Cities officials, who have provided a sample proposed resolution (previously adopted by the City of Minnetonka) for the City to consider. Metro Cities has also shared a Star Tribune opinion/editorial article written and endorsed by several local mayors in defense of leadership on the Metropolitan Council by appointment of the governor. CONCLUSION: The City of Columbia Heights was specifically requested by Anoka County Board Chairperson Rhonda Sivarajah to adopt a resolution that supports the Principles on Metropolitan Council Reform. A draft resolution is attached for your reference. If the Council consents to move forward with this matter, staff will prepare the item for formal Council consideration. The City Council may also opt to amend some of the language in the resolution, if there are certain aspects that the Council either disagrees with or would like to clarify. For example, the Council could choose to adopt a resolution calling for Metropolitan Council reform using language that is more in line with that recommended by Metro Cities. If the Council wishes to pursue moving forward with an amended resolution, similar to that provided by the City of Minnetonka, staff can note the requested changes and bring the document before the Council at a later meeting. If the Council wishes not to move forward with the adoption of a resolution at this time, staff will prepare an appropriate response to Chairperson Sivarajah. ATTACHMENTS: 1. Draft Resolution (1 page) 2. Sample “Metro Cities” Resolution (2 pages) 3. Star Tribune Article, dated May 7, 2016 (4 pages) 42 RESOLUTION NO. 2016-XX (-DRAFT-) A Resolution Authorizing Support for the Twin Cities’ Local Government Coalition for Metropolitan Governance Reform WHEREAS, a coalition of local governments throughout the metropolitan area has joined together to develop a position statement and a set of principles for improving metropolitan governance in the Twin Cities; and WHEREAS, the coalition supports the need for regional planning, collaboration and coordination; and WHEREAS, the coalition seeks to expand local government representation on the Metropolitan Council; and WHEREAS, the coalition’s objectives are as follows: 1. To articulate a vision of responsive and effective metropolitan governance – as represented by a Statement of Belief and Principles for Reform of the Metropolitan Council. 2. To align local government interests behind a reform effort – through formation of a broad coalition of metropolitan Cities and Council – and a common position. 3. To be prepared for any efforts – legislative and otherwise – to reform the governance structure and functioning of the Metropolitan Council. NOW THEREFORE BE IT RESOLVED that the City of Columbia Heights, Minnesota hereby supports the Twin Cities Local Government Coalition for Metropolitan Governance, and adopts the following principals: 1. A majority of the members of the Metropolitan Council shall be elected officials, appointed from cities and counties within the region. 2. Metropolitan cities shall directly control the appointment process for city representatives to the Metropolitan Council. 3. Metropolitan counties shall directly appoint their own representatives to the Metropolitan Council. 4. The terms of office for any Metropolitan Council members appointed by the Governor shall be staggered and not coterminous with the Governor. 5. Membership of the Metropolitan Council shall include representation from every metropolitan county government. 6. The metropolitan Council shall represent the entire region, therefore voting shall be structured based on population and incorporate a system of checks and balances. ORDER OF THE CITY COUNCIL Passed this _________ day of ______________________, 2016 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk Resolution 2016-XX (DRAFT) 43 Resolution No. 2016- Resolution Supporting Metro Cities Policy 4-B – Regional Governance Structure Be it resolved by the City Council of the City of Minnetonka, Minnesota as follows: Section 1. Background. 1.01. The Metropolitan Council (Met Council) has been the regional policy- making body, planning agency, and provider of essential services for the seven-county Twin Cities region for nearly 50 years. 1.02. A 17-member board appointed by the Governor guides the strategic growth of the metro area, adhering to the council’s mission of fostering efficient growth for a prosperous region. Elected officials and citizens share their expertise with the council by serving on key advisory committees. 1.03. The city of Minnetonka is a member of Metro Cities, an organization serving as a voice for metropolitan cities at the legislature and Met Council. 1.04. Metro Cities has adopted Policy 4-B – Regional Governance Structure as follows: Metro Cities supports the appointment of Metropolitan Council members by the Governor with four year, staggered terms for members. The appointment of the Metropolitan Council Chair should coincide with the term of the Governor. Metro Cities supports a nominating committee process that maximizes participation and input by local officials. Consideration should be given to the creation of four separate nominating committees, with committee representation from each quadrant of the region. Members of each committee should include three city officials, appointed by Metro Cities, one county commissioner appointed by the Association of MN Counties or a comparable entity, and three citizens appointed by the Governor. At least three of the local officials should be elected officials. Metro Cities supports the appointment of Metropolitan Council members who have demonstrated the ability to work with cities in a collaborative manner and commit to meet with local government officials regularly, and who understand the diversity and the commonalities of the region, and the long-term implications of regional decision-making. 1.05. The Minnetonka City Council discussed and concurred with the policy at its January 25, 2016 meeting. 44 Resolution No. 2016- Page 2 Section 2. Council Action. 2.01. The Minnetonka City Council hereby supports Metro Cities Policy 4-B – Regional Governance Structure. Adopted by the City Council of the City of Minnetonka, Minnesota, on January 25, 2016. Terry Schneider, Mayor Attest: David E. Maeda, City Clerk Action on this resolution: Motion for adoption: Seconded by: Voted in favor of: Voted against: Abstained: Absent: Resolution adopted. I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council of the City of Minnetonka, Minnesota, at a meeting held on . David E. Maeda, City Clerk 45 Counterpoint: 'Tweaks' are, in fact, the best model for Met Council As mayors, we see firsthand how much the seven-county agency is indeed accountable and responsive to the communities it serves. By Jim Hovland, Jim Sanborn and Terry Schneider MAY 7, 2016 — 6:23PM GLEN STUBBE • Star TribuneThe Metropolitan Council was established by the Legislature in the 1960s to solve regional problems that local governments couldn’t take care of alone, such as wastewater treatment and transit. Proposals to change the council’s governance structure are being discussed. he recent criticism of the Metropolitan Council and its structure (“Met Council needs more than tweaks,” April 28) suggests that the Legislature create a council “with a more limited scope of authority and majority input from elected officials and stakeholders” — a model distinctly different from the one that exists today. Kim Crockett of the Center of the American Experiment and Kevin Terrell of Kantana Consulting, like representatives of four suburban counties, argue for appointing local elected officials to the council under the flawed premise that the council currently is not accountable or credible. The Legislature established the Met Council in the 1960s to solve regional problems that were challenging at the local government level — namely adequately treating wastewater community by community, as well 46 as a geographically inadequate bus system. The Legislature created this regional unit of government and granted it important, yet limited, authority to plan and operate regional wastewater handling and treatment, transit, and park systems. The law required the council to coordinate with local officials and others within its scope of authority. The result has been regional issues within its purview addressed with more efficiency, at a lower cost and with high coordination — indeed partnership — with local governments and counties within the seven- county metro area. As mayors in the region, we have firsthand experience that the council is required to be highly responsive to the Legislature, local governments and citizens. Clearly, the council is accountable to the governor who appoints its members, and it is also accountable to the state Senate, which confirms them. It is further accountable to the Legislature, where committees are devoted solely to overseeing the council and its operations. The council is also indirectly accountable to local units of government, which have elected officials who serve on advisory boards and committees to provide input on regional issues. For example, there is the Transportation Advisory Board, a majority of whose members are elected local officials or county commissioners, who, along with citizen members, make recommendations on the use of federal transportation funds flowing to the region. Laws that govern the council by their very design tether it to local units of government to ensure that regional decisions are balanced with local needs and that concerns are addressed with a high degree of local input. Local governments are a highly organized constituency and they pay close attention to council actions, making it responsive to local concerns. The governance model proposed in the Crockett-Terrell commentary could undermine the effectiveness of processes necessary for sound regional decision making — something this region is envied for throughout the country. By law, the Met Council is a governmental unit, just as a statutory city is legislatively created as a governmental unit. Having the council governed by local elected officials could create undesirable consequences and potential conflicts, not just for those elected officials serving on the council, but for the council’s regional planning functions as well. Local officials serving as council members would face divided loyalties when having to make regional decisions that affect local communities, especially their own, to which their foremost fiduciary responsibility lies. 47 Serving in dual roles, local officials would be both the regulator and the regulated. They would necessarily have to vote in two local subdivisions of government. For the same reason that local elected officials cannot serve as county commissioners or legislators, and vice versa, neither should a local elected official or a county commissioner serve as a Met Council member. As pointed out in the Star Tribune editorial (“Met Council reform could be a deal maker,” April 23), council members spend 20 to 30 hours per week in their public-service capacity. Being a county commissioner is a full-time job, and for local elected officials, even mayors, we serve on a theoretical part- time basis and also hold day jobs. We see no conceivable way that a local elected official could add another 20 to 30 hours per week to their schedules and make certain the work is properly done at the Met Council level to effectively serve the needs of the region. Serving in both functions is simply not compatible or practical and clearly not in the best overall interests of our metro area. Those of us whose communities interact with the Met Council support the thoughtful recommendations crafted by a Citizens’ League Task Force, whose recommendations are supported by metro cities and the Star Tribune Editorial Board. These recommendations include staggered terms for council members and more transparency in the process for selecting them. Such changes would provide for politically diverse opinions to transition between gubernatorial administrations and would maintain a continuity of knowledge on the council appropriate for a long-range planning body. Adding more local government voices and transparency to a nominating committee’s recommendations also would enhance credibility of the selection process. The Met Council can and should continue to improve itself through its outreach and partnership with local and county officials, staff and state lawmakers. At the same time, it must retain the independence necessary to make difficult decisions that are important to achieving the regional outcomes necessary to advance the prosperity of our metro area. The Citizens’ League recommendations embody the best model. The Crockett-Terrell proposal does not. Jim Hovland is mayor of Edina. Jim Sanborn is mayor of Waconia. Terry Schneider is mayor of Minnetonka. This article was also submitted on behalf of the following mayors: Dave Bartholomay, Circle Pines; Myron Bailey, Cottage Grove; Jo Emerson, White Bear Lake; Mary Hamann-Roland, Apple Valley; Scott Lund, Fridley; George Tourville, Inver Grove Heights; Janet Williams, Savage; Gene Winstead, Bloomington. 48 WS5 50 51 52