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2015-07-23 - Council Agenda Packet
Agenda Corcoran City Council July 23, 2015 - 7:00 PM 1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval 4. Open Forum 5. Presentations 6. Consent Agenda a. Draft Minutes of July 9, 2015 Council Meeting* b. Liquor Ordinance Update* c. Resolution Accepting the CenterPoint Energy – Community Partnership Grant* d. Temporary Malt Liquor License – NW Area Jaycees* 7. Claims as Presented * a. Escrow Claims (Fund #500) b. All Other Financial Claims 8. Staff Reports / Memos/Commissions a. Planning Update* b. Code Compliance Report* 9. Planning Business / Landform a. City-initiated Sign Ordinance Update (City file 15-012)*. b. Consideration of Ordinance Changes Regarding the Creation of Lots without Development Rights (City file 15-014)* c. Site Plan and Conditional Use Permit for a New Verizon Telecommunications Tower at 23605 County Road 50 (PID 30-119-23-21-001) (City file no. 15-016)* 10. Unfinished Business a. Franchise Fees* b. Southeast District Sewer and Water Improvement Project – Pay Request #6* 11. New Business a. Public Hearing: Downtown Utility and Street Improvement Project* b. Draft 2016 Budget * c. Capital Improvement Plan* d. Administrative Assistant Recruitment Process* 12. Unscheduled Items 13. 2015 Council Schedule* 14. Council Liaison Calendar Planning Commission 08/06/15 09/03/15 10/01/15 11/05/15 12/03/15 LaFave Keefe Guenther Thomas Guenthner Parks and Trails Commission 08/18/15 09/15/15 10/20/15 11/17/15 12/15/15 Keefe Hank Thomas Guenthner LaFave 15. Adjournment *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. City of Corcoran City Council Meeting Minutes July 9, 2015 - 7:00 PM The Corcoran City Council met on July 9, 2015, at City Hall in Corcoran, Minnesota. Present were, Acting Mayor Thomas, Councilor Hank, Councilor Keefe, and Councilor LaFave. Mayor Guenthner was excused Also present were City Administrator Martens, Director of Public Safety Gottschalk, Lieutenant Burns, and City Clerk/Administrative Services Coordinator Beise. 1. Call to Order / Roll Call Acting Mayor Thomas called the meeting to order at 7:00 pm. 2. Pledge of Allegiance Acting Mayor Thomas invited all in attendance to rise and join in the Pledge of Allegiance. 3. Agenda Approval City Administrator Martens asked that item d. be removed as staff wanted additional time to review the language. Councilor Hank stated that he had questions regarding item d. The agenda was presented with all items. MOTION: made by LaFave, seconded by Hank to approve the agenda as presented. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) 4. Open Forum No persons were present to speak at the open forum. 5. Presentations a. CenterPoint Energy – Community Partnership Grant Roger Schmitz from CenterPoint Energy presented the City a grant for $2,500.00 for the purchase of two portable 800 MHz radios. Reserve Officer Schmidt received the donation. 6. Consent Agenda a. Draft Minutes of June 25, 2015 Council Meeting b. Resolution 2015-37 – Accepting Maple Grove Lions Club Donation c. Recycling Fee Forgiveness d. Liquor Ordinance Update MOTION: made by Hank, seconded by LaFave to approve consent agenda items a., b., and c. as presented. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) The Liquor Ordinance Update was not voted upon but did receive questions. Councilor Hank asked why there is a requirement for organizations to be in existence for three years. Council Hank asked why there was a requirement for temporary license for brewers of less than 3,500 barrels per year. City Clerk/Administrative Services Coordinator Beise stated she believed the 3,500 barrel threshold was a statuary requirement and would follow up with an answer for the Council. Director of Public Safety Gottschalk noted that he believed the three year requirement was created to ensure organizations are not forming to obtain liquor licenses. 7. Claims as Presented * a. All Financial Claims MOTION: made by Hank, seconded by Keefe to approve all other financial claims as presented. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) 6a. City of Corcoran City Council Meeting Minutes July 9, 2015 - 7:00 PM 8. Staff Reports / Memos/Commissions a. Franchise Fees Overview Report presented by City Administrator Martens. The Council consensus was to direct staff to conduct additional research and add this to a future Council agenda. b. Forklift Purchase* City Administrator Martens provided an update on the forklift purchase. No action was required. 9. Planning Business / Landform a. Street Name Map Report presented by City Administrator Martens. Council discussed. The Council accepted the Street Name Map as presented. 10. Unfinished Business a. Conditional Offer for Full Time Police Officer Report presented by Director of Public Safety Gottschalk. MOTION: made by Keefe, seconded by Hank to approve a conditional employment offer as presented Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) Council discussed. 11. New Business a. Financial Management Plan Report presented by Tammy Omdal, Senior Vice President of Northland Securities. Council discussed. Per consensus, Council directed staff to schedule a work session for the budget and further discuss the assumptions in the Financial Management Plan. b. 2016 Budget Priorities and Schedule Report presented by City Administrator Martens. Council discussed. Per Council consensus, staff was directed to create an updated budget with additional monies for planning and communications. c. City Logo Update Report presented by City Administrator Martens presented. Council discussed. Consensus of the Council was to direct staff to move forward with an update as outlined in the staff report. 12. Unscheduled Items – None 13. 2015 Council Schedule City Administrator Martens reviewed the draft calendar of upcoming council meeting topics. 14. Council Liaison Calendar 15. Adjournment MOTION: made by LaFave, seconded by Hank to adjourn. Voting Aye: Thomas, Hank, Keefe, and LaFave (Motion carried 4:0) Meeting adjourned at 8:58 pm. *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. STAFF REPORT Agenda Item 6b. Council Meeting: July 23, 2015 Prepared By: Jeanie Heinecke Topic: Liquor Ordinance Update Action Required: Approval Summary: At the request of the Corcoran Country Daze organizers, staff reviewed the city’s Alcoholic Beverage ordinance and Parks and Trails regulations. At the July 9, 2015 Director of Public Safety Matt Gottschalk asked for further review of the Parks and Trails regulations. Attached is staff’s recommendation for updating the city code. Financial/Budget: Staff anticipates minimal cost related to review by the City Attorney. Council Action: Approve Ordinance 2015-303 as presented. Approve Ordinance 2015-304 as presented. Approve Ordinance 2015-305 as presented. Attachments: 1. Title VIII General Regulations 83.03 7 and 8 Parks and Recreation 2. Title XI Business Regulation Chapter 110 Alcoholic Beverages 3. Ordinance 2015-303 4. Ordinance 2015-304 5. Ordinance 2015-305 Proposed Amendment to Chapter 83.03 (7) and (8) 7. Breach of the peace. No threatening, profane, abusive, disorderly, insulting or indecent language, conduct or behavior, or any act intending to be a breach of the public peace, shall be allowed in or upon any park, playground or park water; nor shall any person or persons gamble, or drink intoxicating liquor, except as allowed in 83.03 (8). 8. Alcoholic beverage consumption in park. 3.2 malt liquor may be consumed at city parks. No sale of intoxicating liquor or 3.2 malt liquor may take place without first securing the appropriate liquor license from the city, in accordance with the alcoholic beverages licensing section of the city code. Exclusively during events which are so licensed by the city, intoxicating malt liquor may be consumed at the city park hosting the event. Sale and consumption of intoxicating malt liquor in the park shall cease at the close of the event. CHAPTER 110: ALCOHOLIC BEVERAGES 110.01: STATE LAW ADOPTED. The provisions of Minnesota Statute 340A, as amended, with reference to the definition of terms, applications for license, granting of license, conditions of license, restrictions on consumption, provisions on sales, conditions of bonds of licenses, hours of sale and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor and 3.2 malt liquor are hereb y adopted. 110.02: LICENSE REQUIRED. No person, except wholesalers or manufacturers to the extent authorized under state license, shall directly or indirectly deal in, sell or keep for sale any intoxicating liquor or 3.2 malt liquor without first having received a license to do so as provided in this chapter. Licenses shall be of three kinds: “On-Sale”, “Off-Sale”, and “Temporary on-sale”. a. “On-sale” licenses shall be granted only to hotels with restaurant accommodations, clubs, restaurants and/or exclusive liquor stores and shall permit the consumption of liquor on the premises only. b. “Off-sale” licenses shall be issued to either the holder of an on-sale liquor license and/or exclusive liquor store, or stores appropriate for the sales of 3.2 malt liquor, and shall permit off sales of liquor only. c. “Temporary on-sale” licenses shall be granted only to (1) a club or charitable, religious, or other nonprofit organization in existence for at least three years, (2) a political committee registered u nder Minnesota Statute 10A.14, or (3) a state university, and shall be granted only in connection with a social event within the municipality sponsored by the licensee. Such licenses shall not authorize the on-sale of intoxicating liquor for more than four consecutive days and must be in compliance with all provisions of Minnesota Statute 340A.404. A “Temporary on-sale” license may allow the licensee to contract for intoxicating liquor or 3.2 malt liquor catering services with the holder of a full -year on- sale intoxicating liquor license issued by any municipality. All “Temporary on-sale” licenses must be approved by the commissioner of public safety. 1. The City Council may issue a “Temporary on-sale” license to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year in connection with a social event within the city, sponsored by the brewer. The terms and conditions specified for temporary licenses under paragraph “c” above shall apply to a license issued under this paragraph, ex cept that the requirements of Minnesota Statute 340A.409, subdivisions 1 to 3a, (“Liability Insurance”), shall apply to the license. 110.03: APPLICATION AND FEES. A. Application Process 1. Every application for a license to sell intoxicating liquor o r 3.2 malt liquor shall be verified and filed with the City Clerk-Treasurer. It shall state the name of the applicant, his or her age, representations as to his or her character, with the reference as may be required to citizenship, the organizationbusiness in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how he or she has been in that business Formatted: Indent: Left: 0.5" at that place, define the premises for which activities shall take place, an d other information as the Council may require from time to time. In addition to containing the information, each application for a license shall be in the form prescribed by the Department of Public Safety. No person shall make a false statement in an application. 2. Each application for an “off-sale” and “on-sale” license, as well as an application for a “temporary on-sale” license pursuant to section 110.02(c)(1), shall be accompanied by proof of a liability insurance policy, and the liability insurance policies shall be approved as to form by the City Attorney. The operation of such an the “off-sale” or “on-sale” intoxicating liquor business without having on file at a time with the municipality an insurance policy shall be grounds for an immediate revocation of the license. 3. Each application for a license shall be accompanied by receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid in the general fund of the municipality. Upon rejection any application for a license, the Treasurer shall refund the amount paid. 4. All full-year “on-sale” and “off-sale” licenses shall expire on the last day of June of each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing the fee, any unexpired fraction of a month shall be counted as one month. “Temporary on-sale” licenses shall expire on the date specified in the license. “Temporary on-sale” licenses shall not authorize on-sales for more than four consecutive days. 5. The annual fees for “on-sale” and “off-sale” intoxicating and 3.2 malt liquor licenses and the fees for “temporary on-sale” licenses shall be set by resolution from time to time by the Ccity Ccouncil. “ 6. If a refund for full-year “on-sale” or “off-sale” liquor license fees is sought within six months of the license year, half of the fee paid shall be refunded. After a license has been in effect for six months, no portion of the license fee shall be refunded. No refunds shall be granted on approved temporary on-sale licenses. 110.04: GRANTING LICENSES; INELIGIBILITY. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the City Council shall grant or refuse the application in its discretion. No "off-sale" license shall become effective until it, together with the bond furnished by the applicant, has been approved by the Department of Public Safety. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the City Council. No license shall be issued for any place or for any organizationbusiness ineligible for a license under state law. Formatted: No page break before No license shall be granted for operation on any premise on which taxes, assessments or other financial claims of the city are delinquent and unpaid. No person shall be granted to or held by any person made ineligible for a license by state law. 110.05: CONDITIONS OF LICENSES. Every license shall be granted subject to the conditions in the following divisions and all other provisions of this chapter and of any other applicable ordinance of the city or state law. Every licensee shall be responsibl e for the conduct onof his or her place of businesslicensed premises and the conditions of sobriety and order in it and on adjacent property. No person or persons to whom a liquor license is issued shall allow or permit the consumption or use of intoxicating liquor or 3.2 malt liquor in any off-street parking area connected with or a part of the land area of the licensed premises. No sale of an alcoholic beverageliquor shall be made to anyone on credit. Any peace officer, health officer or any properly designated officer or employee of the city shall have the unqualified right to enter, inspect and search the premises of the licensee during business hours without a warrant. No licensee shall permit any person, other than an employee engaged in bona fide duties in connection with the licensed premises, to occupy or remain in any part of the licensed premises or in any off-street parking area connected with or a part of the land area of the licensed premis es between the hours of 2:30 a.m. and 8:00 a.m. It shall be unlawful for a person under the age of 21 years of age to enter an establishment licensed for the sale alcoholic beverages for the purpose of purchasing, having served or delivered any alcoholic beverage. Notwithstanding the above, a person 18, 19 or 20 years old may enter an establishment licensed for the sale of alcoholic beverages for the following reasons: a. To perform work for the establishment, including the serving of alcoholic beverage s; b. Consume meals; and c. Attend social functions that are held in a portion of the establishment where alcoholic beverages areliquor is not sold. All licenses hereunder shall provide proof of liability insurance to cover all claims allowed under Minnesota Statute M.S. § 340A.801 (dram shop). No minor shall misrepresent his or her age for the purpose of obtaining an alcoholic beverageintoxicating liquor. No personnel shall induce a minor to purchase or procure an alcoholic beverageliquor. No person shall mix or prepare an alcoholic beverageliquor for consumption in any public place or place of business, licensed to sell liquor “Off -sSale” and no person shall consume an alcoholic beverageliquor in any such place. No alcoholic beverageliquor shall be sold or consumed on a public highway or in an automobile. No person shall consume or use an alcoholic beverage3.2 malt liquor in any off-site parking area connected with or a part of the land area of a licensed premises that has been issued aintoxicating liquor license permitting the sale of alcoholic beverages. Off-street parking areas shall be construed to include roads adjacent to the area. No person, other than an employee engaged in bona fide duties in connection with a premises which been issued a license permitting the sale of alcoholic beveragesan intoxicating liquor license, shall occupy or remain in any part of the licensed premises between the hours of 2:30 a.m. and 8:00 a.m. Licensed premises shall include off - street parking areas and roads adjacent to same. Penalty, see § 10.99. 110.06: REVOCATION. The Council may suspend or revoke any liquor license in violation of a ny provision or condition of this chapter or any state law regulating the sale of intoxicating liquor and shall revoke the license if the licensee willfully violates any provision of M.S. 340.07 to 340.00Minnesota Statute 340A. Except in the case of suspension, a hearing or revocation, a written notice to the grantee and a public hearing shall precede revocation or suspension by the Council. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any advance notice, suspend any license pending a hearing or revocation for a period of not exceeding 30 days. 110.07: SUNDAY SALE REGULATIONS. “Sunday sale“ licenses shall permit the sale and consumption of intoxicating liquors on the licensed premises only and between the hours of 810:00 a.m. on Sundays and 21:00 a.m. on Mondays in conjunction with the serving of food, but no liquor shall be served on Sundays other than to persons who are seated at tables in those types of hotels or restaurants which qualify for the “Sunday sale” license. Every person desiring a “Sunday sale” license shall file a verified application therefore in writing with the Clerk-Treasurer of the municipality in the form prescribed by the Department of Public Safety and, with additional information as the City Council may require. The annual fee for a “Sunday sale” license shall be set by resolution from time to time by the City Council.$150. “Sunday Sale” licenses may be revoked by the Council, for cause, in the same manner as for the revocation of ”on-sale” licenses. 110.08: HOURS AND DAYS OF SALE. The sale of intoxicating liquor and 3.2% malt liquor for consumption on the licensed premis es, as allowed in Minn. Stat. §340A.504 is modified and limited as follows: a) The sale of intoxicating liquor and 3.2% malt liquor until 2:00am shall be permitted only on Friday, Saturday and Sunday. Sunday sales under Minn. Stat. §340A.504, subd. 3, sh all also be permitted. b) A licensee may apply to the city for a special event permit authorizing the sale of intoxicating liquor or 3.2% malt liquor until 2:00 a.m. for days other than permitted in subdivision a) above. The application shall be made to the Chief of Police or, in his absence, the City Administrator. c) A licensee shall obtain the permit required of Minn. Stat. §340A.504, subd. 7 prior to selling intoxicating liquor or 3.2% malt liquor past 1:00am. 110.09: VACATION OF PREMISES. People may occupy the licensed premises until 2:30 a.m. on those days that the sale of intoxicating liquor and 3.2% malt liquor is permitted until 2:00 a.m. 110.10: ADDITIONAL FEES. License fees for those establishments exercising the right to remain open until 2:00 a.m. shall be increased by an amount necessary to cover all additional costs of law enforcement and administration associated with the longer hours. Such additional fees shall be as determined by resolution of the council, from time to time. (Ord. 194, passed 03-25-04, Ord. 228, passed 01-26-06, Ord. 238, passed 11-20-06) City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-303 Motion By: Seconded By: AN ORDINANCE AMENDING THE TEXT OF CHAPTER XI CHAPTER 110 OF THE CORCORAN CITY CODE, ENTITLED ALCOHOLIC BEVERAGES THE CITY COUNCIL OF CORCORAN ORDAINS: CHAPTER 110: ALCOHOLIC BEVERAGES 110.01: STATE LAW ADOPTED. The provisions of Minnesota Statute 340A, as amended, with reference to the definition of terms, applications for license, granting of license, conditions of license, restrictions on consumption, provisions on sales, conditions of bonds of licenses, hours of sale and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor and 3.2 malt liquor are hereby adopted. 110.02: LICENSE REQUIRED. No person, except wholesalers or manufacturers to the extent authorized under state license, shall directly or indirectly deal in, sell or keep for sale any intoxicating liquor or 3.2 malt liquor without first having received a license to do so as provided in this chapter. Licenses shall be of three kinds: “On-Sale”, “Off-Sale”, and “Temporary on-sale”. a. “On-sale” licenses shall be granted only to hotels with restaurant accommodations, clubs, restaurants and/or exclusive liquor stores and shall permit the consumption of liquor on the premises only. b. “Off-sale” licenses shall be issued to either the holder of an on-sale liquor license and/or exclusive liquor store, or stores appropriate for the sales of 3.2 malt liquor, and shall permit off sales of liquor only. c. “Temporary on-sale” licenses shall be granted only to (1) a club or charitable, religious, or other nonprofit organization in existence for at least three years, (2) a political committee registered under Minnesota Statute 10A.14, or (3) a state university, and shall be granted only in connection with a social event within the municipality sponsored by the licensee. Such licenses shall not authorize the on-sale of intoxicating liquor for more than four consecutive days and must be in compliance with all provisions of Minnesota Statute 340A.404. A “Temporary on-sale” license may allow the licensee to contract for intoxicating liquor or 3.2 malt liquor catering services with the holder of a full-year on-sale intoxicating liquor license issued by any municipality. All “Temporary on-sale” licenses must be approved by the commissioner of public safety. 1. The City Council may issue a “Temporary on-sale” license to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year in connection with a social event within the city, sponsored by the brewer. The terms and conditions specified for temporary licenses under paragraph “c” above shall apply to a license issued under this paragraph, except that the requirements of Minnesota Statute 340A.409, subdivisions 1 to 3a, (“Liability Insurance”), shall apply to the license. City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-303 110.03: APPLICATION AND FEES. A. Application Process 1. Every application for a license to sell intoxicating liquor or 3.2 malt liquor shall be verified and filed with the City Clerk-Treasurer. It shall state the name of the applicant, his or her age, representations as to his or her character, with the reference as may be required to citizenship, the organization in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how he or she has been in that business at that place, define the premises for which activities shall take place, and other information as the Council may require from time to time. In addition to containing the information, each application for a license shall be in the form prescribed by the Department of Public Safety. No person shall make a false statement in an application. 2. Each application for an “off-sale” and “on-sale” license, as well as an application for a “temporary on-sale” license pursuant to section 110.02(c)(1), shall be accompanied by proof of a liability insurance policy, and the liability insurance policies shall be approved as to form by the City Attorney. The operation of such an intoxicating liquor business without having on file at a time with the municipality an insurance policy shall be grounds for an immediate revocation of the license. 3. Each application for a license shall be accompanied by receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid in the general fund of the municipality. Upon rejection any application for a license, the Treasurer shall refund the amount paid. 4. All full-year “on-sale” and “off-sale” licenses shall expire on the last day of June of each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing the fee, any unexpired fraction of a month shall be counted as one month. “Temporary on-sale” licenses shall expire on the date specified in the license. “Temporary on-sale” licenses shall not authorize on-sales for more than four consecutive days. 5. The annual fees for “on-sale” and “off-sale” intoxicating and 3.2 malt liquor licenses and the fees for “temporary on-sale” licenses shall be set by resolution from time to time by the City Council. “ 6. If a refund for full-year “on-sale” or “off-sale” liquor license fees is sought within six months of the license year, half of the fee paid shall be refunded. After a license has been in effect for six months, no portion of the license fee shall be refunded. No refunds shall be granted on approved temporary on-sale licenses. 110.04: GRANTING LICENSES; INELIGIBILITY. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the City Council shall grant or refuse the application in its discretion. No "off-sale" City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-303 license shall become effective until it, together with the bond furnished by the applicant, has been approved by the Department of Public Safety. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the City Council. No license shall be issued for any place or for any organization ineligible for a license under state law. No license shall be granted for operation on any premise on which taxes, assessments or other financial claims of the city are delinquent and unpaid. No person shall be granted to or held by any person made ineligible for a license by state law. 110.05: CONDITIONS OF LICENSES. Every license shall be granted subject to the conditions in the following divisions and all other provisions of this chapter and of any other applicable ordinance of the city or state law. Every licensee shall be responsible for the conduct on his or her licensed premises and the conditions of sobriety and order in it and on adjacent property. No person or persons to whom a liquor license is issued shall allow or permit the consumption or use of intoxicating liquor or 3.2 malt liquor in any off-street parking area connected with or a part of the land area of the licensed premises. No sale of an alcoholic beverage shall be made to anyone on credit. Any peace officer, health officer or any properly designated officer or employee of the city shall have the unqualified right to enter, inspect and search the premises of the licensee during business hours without a warrant. No licensee shall permit any person, other than an employee engaged in bona fide duties in connection with the licensed premises, to occupy or remain in any part of the licensed premises or in any off-street parking area connected with or a part of the land area of the licensed premises between the hours of 2:30 a.m. and 8:00 a.m. It shall be unlawful for a person under the age of 21 years of age to enter an establishment licensed for the sale alcoholic beverages for the purpose of purchasing, having served or delivered any alcoholic beverage. Notwithstanding the above, a person 18, 19 or 20 years old may enter an establishment licensed for the sale of alcoholic beverages for the following reasons: a. To perform work for the establishment, including the serving of alcoholic beverages; b. Consume meals; and c. Attend social functions that are held in a portion of the establishment where alcoholic beverages are not sold. City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-303 All licenses hereunder shall provide proof of liability insurance to cover all claims allowed under Minnesota Statute 340A.801 (dram shop). No minor shall misrepresent his or her age for the purpose of obtaining an alcoholic beverage. No personnel shall induce a minor to purchase or procure an alcoholic beverage. No person shall mix or prepare an alcoholic beverage for consumption in any public place or place of business, licensed to sell liquor “Off-sale” and no person shall consume an alcoholic beverage in any such place. No alcoholic beverage shall be sold or consumed on a public highway or in an automobile. No person shall consume or use an alcoholic beverage in any off-site parking area connected with or a part of the land area of a licensed premises that has been issued a license permitting the sale of alcoholic beverages. Off-street parking areas shall be construed to include roads adjacent to the area. No person, other than an employee engaged in bona fide duties in connection with a premises which been issued a license permitting the sale of alcoholic beverages, shall occupy or remain in any part of the licensed premises between the hours of 2:30 a.m. and 8:00 a.m. Licensed premises shall include off-street parking areas and roads adjacent to same. Penalty, see § 10.99. 110.06: REVOCATION. The Council may suspend or revoke any liquor license in violation of any provision or condition of this chapter or any state law regulating the sale of intoxicating liquor and shall revoke the license if the licensee willfully violates any provision of Minnesota Statute 340A. Except in the case of suspension, a hearing or revocation, a written notice to the grantee and a public hearing shall precede revocation or suspension by the Council. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any advance notice, suspend any license pending a hearing or revocation for a period of not exceeding 30 days. 110.07: SUNDAY SALE REGULATIONS. “Sunday sale“ licenses shall permit the sale and consumption of intoxicating liquors on the licensed premises only and between the hours of 8:00 a.m. on Sundays and 2:00 a.m. on Mondays in conjunction with the serving of food, but no liquor shall be served on Sundays other than to persons who are seated at tables in those types of hotels or restaurants which qualify for the “Sunday sale” license. Every person desiring a “Sunday sale” license shall file a verified application therefore in writing with the Clerk-Treasurer of the municipality in the form prescribed by the Department of Public Safety and, with additional information as the City Council may require. City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-303 The annual fee for a “Sunday sale” license shall be set by resolution from time to time by the City Council. “Sunday Sale” licenses may be revoked by the Council, for cause, in the same manner as for the revocation of ”on-sale” licenses. 110.08: HOURS AND DAYS OF SALE. The sale of intoxicating liquor and 3.2% malt liquor for consumption on the licensed premises, as allowed in Minn. Stat. §340A.504 is modified and limited as follows: a) The sale of intoxicating liquor and 3.2% malt liquor until 2:00am shall be permitted only on Friday, Saturday and Sunday. Sunday sales under Minn. Stat. §340A.504, subd. 3, shall also be permitted. b) A licensee may apply to the city for a special event permit authorizing the sale of intoxicating liquor or 3.2% malt liquor until 2:00 a.m. for days other than permitted in subdivision a) above. The application shall be made to the Chief of Police or, in his absence, the City Administrator. c) A licensee shall obtain the permit required of Minn. Stat. §340A.504, subd. 7 prior to selling intoxicating liquor or 3.2% malt liquor past 1:00am. 110.09: VACATION OF PREMISES. People may occupy the licensed premises until 2:30 a.m. on those days that the sale of intoxicating liquor and 3.2% malt liquor is permitted until 2:00 a.m. 110.10: ADDITIONAL FEES. License fees for those establishments exercising the right to remain open until 2:00 a.m. shall be increased by an amount necessary to cover all additional costs of law enforcement and administration associated with the longer hours. Such additional fees shall be as determined by resolution of the council, from time to time. Effective date: This ordinance shall have full force and effect upon its passage and publication. ADOPTED by the City Council on the 23rd day of July, 2015. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron _______________________________ Ken Guenthner, Mayor City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-303 ATTEST: City Seal __________________________ Jessica Beise, City Clerk/Administrative Services Coordinator City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-304 Page 1 of 1 Motion By: Seconded By: CITY OF CORCORAN SUMMARY OF ORDINANCE NO. 2015-303 AN ORDINANCE AMENDING THE ALCOHOLIC BEVERAGES SECTION EMPOWERING THE CITY TO ISSUE TEMPORARY ON-SALE LICENSES AND EXPANDING LICENSED SUNDAY SALES FROM 8 A.M. to 2 A.M. MONDAY Subdivision 1. PURPOSE On July 23, 2015, the Corcoran City Council amended the City ordinance which addresses alcoholic beverages. The amendments permit the City to issue temporary on-sale licenses to eligible applicants. The amendments also permit the City to issue Sunday sales licenses which permit sales from 8 a.m. Sunday to 2 a.m. Monday. The amendment dictates that the fees for such licenses are set by resolution. A printed copy of the complete ordinance is available for inspection by any person at City Hall during the City Clerk’s regular office hours. Whereupon, said Ordinance is hereby declared adopted on this 23rd day of July 2015 VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron ___________________________________ Ken Guenthner - Mayor ATTEST: ____________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator City Seal City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-305 Motion By: Seconded By: CITY OF CORCORAN AN ORDINANCE AMENDING THE TEXT OF CHAPTER VIII CHAPTER 83 OF THE CORCORAN CITY CODE, ENTITLED PARKS AND RECREATION THE CITY COUNCIL OF CORCORAN ORDAINS: CHAPTER 83: PARKS AND RECREATION 83:03: ACTIVITY 7. Breach of the peace. No threatening, profane, abusive, disorderly, insulting or indecent language, conduct or behavior, or any act intending to be a breach of the public peace, shall be allowed in or upon any park, playground or park water; nor shall any person or persons gamble, or drink intoxicating liquor, except as allowed in 83.03 (8). 8. Alcoholic beverage consumption in park. 3.2 malt liquor may be consumed at city parks. No sale of intoxicating liquor or 3.2 malt liquor may take place without first securing the appropriate liquor license from the city, in accordance with the alcoholic beverages licensing section of the city code. Exclusively during events which are so licensed by the city, malt liquor may be consumed at the city park hosting the event. Sale and consumption of malt liquor in the park shall cease at the close of the event. Effective date: This ordinance shall have full force and effect upon its passage and publication. ADOPTED by the City Council on the 23rd day of July, 2015. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron _______________________________ Ken Guenthner, Mayor City Seal ATTEST: __________________________ Jessica Beise, City Clerk/Administrative Services Coordinator City of Corcoran July 23, 2015 County of Hennepin State of Minnesota RESOLUTION NO. 2015-41 Page 1 of 1 Motion By: Seconded By: A RESOLUTION ACCEPTING CENTERPOINT ENERGY DONATION WHEREAS, CenterPoint Energy made a financial donation to the City of Corcoran to support Police Reserves in the amount of $2,500.00; WHEREAS, The City Council finds that it is appropriate to accept the donations offered for the benefit of the Police Reserve. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Corcoran acknowledges the generosity of CenterPoint Energy and graciously accepts the donation as listed above. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 23rd day of July, 2015. ________________________________ Ken Guenthner - Mayor ATTEST: ___________________________________ Jessica Beise – City Clerk City Seal City of Corcoran July 23, 2015 County of Hennepin State of Minnesota RESOLUTION NO. 2015-43 Page 1 of 1 Motion By: Seconded By: A RESOLUTION APPROVING TEMPORARY ON-SALE MALT LIQUOR LICENSE IN THE CITY OF CORCORAN, MINNESOTA BE IT RESOLVED, by the City Council of the City of Corcoran that the following Liquor License is granted effective for the dates as indicated, to the following Licensee, provided appropriate application and insurance documents are submitted and satisfactory background check completed by the Corcoran Police Department. LICENSEE LICENSE LICENSE EFFECTIVE DATE Northwest Area Jaycee’s On-sale malt liquor August 14 -15, 2015 Corcoran Country Daze VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 23th day of July 2015. ________________________________ Ken Guenthner - Mayor ATTEST: ____________________________________ Jessica Beise – City Clerk/Administrative Services Coordinator City Seal 6d. CITY OF CORCORAN 07/23/158:28 AM *Check Detail Register© Page 1 July 2015 Check Amt Invoice Comment 10100 Farmers State Bank Paid Chk# 023318 7/23/2015 POSTMASTER ----- -- E 100 - 41130 -351 Newsletter Expenses Total POSTMASTER 10100 Farmers State Bank $800.00 SUMMER 201 SUMMER NEWLETTER $800.00 $800.00 Fund Summary 10100 Farmers State Bank 100 GENERAL FUND $800.00 $800.00 MEMORANDUM 105 South Fifth Street, Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net DATE July 10, 2015 TO Brad Martens CC City Council, Planning Commission, Parks & Trails Commission FROM Kendra Lindahl, City Planner RE Active Corcoran Planning Applications The following is a summary of project status for current, active projects: 1. Sign Ordinance Update (city file 15-012). At the April 23rd meeting, the City Council directed staff to prepare the update. A draft was be prepared for the June 11th Council meeting. The Council reviewed the document, provided feedback and directed staff to schedule for a public hearing at the Planning Commission. The public hearing was held at the Planning Commission on July 7th and they voted unanimously to recommend approval. The City Council will review this item on July 23rd. 2. Ordinance Amendment to Allow Creation of Lots without Development Rights (city file 15-014). At the May 11th meeting, the City Council directed staff to prepare an ordinance amendment that would allow creation of parcels without development rights. The City Attorney and City Planner will work together to craft a legally defensible ordinance. The public hearing was held at the Planning Commission on July 7th and they voted unanimously to recommend approval. The City Council will review this item on July 23rd. 3. Site Plan and Conditional Use Permit for a new Verizon Monopole at 23605 Co Rd 50 (PID30- 119-23-21-0001) (City File 15-016). Verizon has requested a conditional use permit and site plan for a new telecommunications tower on the Gleason property located at the southwest corner of County Roads 19 & 50. The public hearing was held at the Planning Commission on July 7th and they voted unanimously to recommend approval. The City Council will review this item on July 23rd. Also, there are a number of projects that have been approved, but are still not filed and closed out: 1. Corcoran Business Park (City file 06-005). The City Council granted a one year extension to the final plat approval, which expired on April 12, 2011. Staff has spoken to the applicant and is still working to close out this project. Staff has spoken to the applicant and will schedule a meeting when more information is available on the Loretto sewer project. 2. Hope Ministries Conditional Use Permit for Cemetery and Vacation of Drainage & Utility Easement at 19951 Oswald Farm Road (City file 12-002). Hope Ministries submitted a request for a conditional use permit to allow a cemetery west of the existing church. The application was approved by the City Council on March 22nd and site work had begun. The letter of credit for site improvements has been released but we are holding the escrow pending completion of the approved landscaping. The applicant has indicated that they are considering a site plan amendment application to modify the approved plans. Staff met again with Pastor Brian Lother in December to try to finalize this issue and address some other questions or concerns from him. We hope to be able to wrap this up in the near future. 3. Lano Equipment at 23580 Highway 55 Site Plan Modifications for Cold Storage Building. (31- 119-23-34-0007) (13-006). This item was approved by the City Council on July 11th. The building permit has been issued, but staff has determined that the building was not being built according the Agenda Item 8a. Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. 1 approved plans. The applicant submitted revised plans and the City Council approved a site plan modification at the June 12th meeting. The only outstanding issue is the completion of the required landscaping. The City has a letter of credit in place to ensure the work is completed as approved. 4. Ess Brothers Site Plan Amendment and Conditional Use Permit Amendment for an accessory building at 9350 County Road (PID # 07-119-23-43-0004) (City File No. 13-031) The applicant requested approval of a 5,500 square feet detached, accessory building with 20-foot sidewalls. The City Council approved this item on January 23rd. The applicant must comply with all conditions of approval (which require landscaping improvements) and then staff will inspect before refunding any remaining escrow. The landowner recently contacted staff and is working to address the outstanding landscape requirements. 5. Fox Ridge 2nd Addition Final Plat at 9495 Trail Haven Road (PID 09-119-23-41-0011) (City File 14- 006). This final plat application for a final plat of Outlot A, Baumeister 3rd Addition was approved by the City Council on May 22nd. The applicant will prepare mylar for signature and filing. After the documents are filed, the remaining escrow can be released. 6. Sawgrass Preliminary Plat, Preliminary PUD Development Plan and Rezoning for Peachtree Partners LLC on Schendel property at 20400 County Road 10 (City file 14-027). The City received the application materials and is currently reviewing for completeness. The Parks and Trails Commission reviewed this request on November 18th and recommended acceptance of a combination of land and cash. The Planning Commission held a Public Hearing on December 4th and the City Council approved the request on December 11th. The next step would be for the applicant to submit a final PUD plan and plat prior to expiration of the approvals on December 11, 2015. 7. Proehl Preliminary Plat, Final Plat and Variance at 20630 Larkin Road (City file 14-028). The applicant has requested approval of a variance from the minimum lot size in the UR zoning district to subdivide the existing property to create one lot for the original farmstead and a second lot for the second home on the site. The Planning Commission held a Public Hearing on December 4th and the City Council approved the request on December 11th. The applicant received watershed approval in May, is now preparing a mylar for signature and then they may file the plat at Hennepin County. 8. Corcoran Pet Care Center Sign Plan at 7559 CR 116 (26-119-23-11-0016) (City file 14-031) - The applicant has requested approval of a master sign plan as required by the sign ordinance and a variance from the sign standards for new signage on the shopping center. The signage would be updated as part of other exterior building improvements. This item was reviewed by the Planning Commission on February 5th and approved by the City Council on February 12th. The applicant will need to apply for sign permits and then staff will begin closing out the file. 9. Donald Tombers Request for Preliminary Plat and Final Plat approval for “Tombers Acres” on property at 9120 Trail Haven Road (PID 15-119-23-21-0001) (City file no. 14-032). The City Council approved a topographic survey and wetland delineation waiver on this site in 2014. The application will create on 5 +/- acre lot for the existing farmstead and one large outlot that will continue to be farmed. This item was reviewed by the Planning Commission at a public hearing on February 5th and approved by the City Council on February 26th. The final plat has been released for filing at Hennepin County. 10. Corcoran Public Works Site Plan Amendment and Variance (city file 15-006). The site plan amendment and variance are to grant after-the-fact approvals for changes to the approved site plan that were made in the field and generally authorized by the subcommittee. The gravel drive and storage area that was added on the south area of the fenced yard requires a variance. The item was reviewed at a public hearing at the April 2nd Planning Commission meeting and Council approved the request at the April 23rd meeting. Final landscaping and close out issues will occur this summer. 11. Park Place Storage Sketch Plan at 6415 County Road 19 (City file 15-011) The City has received an application for review of a sketch plan from Park Place Storage to expand the storage business onto the 2 lots in the front and one lot to the north of the existing buildings. The City Council reviewed the sketch plan at the May 28th meeting and indicated support. The applicant may now prepare for a formal submittal. MEMORANDUM 2 12. Ravinia 3rd Addition Final Plat and Final PUD Plan (City file 15-007) The Planning Commission reviewed the final PUD plan at their June 4th meeting and recommended approval. The City Council approved the final plat and final PUD plan for the 3rd phase at their June 25th meeting. 13. Commercial Door Addition at 7670 Commerce Street (City file 15-010) The City received an application for approval of a building addition, which required a conditional use permit, interim use permit, variance and site plan approval. The project was reviewed at a public hearing at the June 4th Planning Commission meeting and was approved by the City Council on June 25th. The applicant is working to address the approval conditions. 14. Brachman CUP for Accessory Building on Rolling Hills Road (PID 32-119-23-11-0003) (City file 15-015). Mary and Armand Brachman submitted a request to allow an accessory building as a principal use adjacent to their property at 6924 Jubert Lane. The ordinance allows the requested structure as a conditional use permit. THE ITEM HAS BEEN WITHDRAWN. Finally, there are a few projects that have not yet been started but have been identified as action items or future projects. The City Council did not identify these items as 2015 priority projects: 1. Design Guideline Update for Southeast District/Downtown. The Council approved a Landform proposal to update the existing design guidelines for this area. The design guidelines are adopted as part of the Zoning Ordinance and will be enforced as new development is proposed, consequently, the City Council wishes to revisit that planning effort to ensure it is still consistent with the City’s goals. The City Council appointed a subcommittee, but the City Council has decided to delay kickoff as we work through some associated issues as part of some new development plans. The subcommittee has been disbanded and the Council will reconsider this project in 2015. 2. City-Initiated Park Dedication Ordinance Update (City File 14-007). Staff was directed to bring back other potential amendments for consideration in 2015, including revisions to clarify whether or not existing homes are subject to park dedication when part of a plat, how to ensure that land dedication in the rural areas is fairly required and a review of our park dedication requirements. MEMORANDUM 3 STAFF REPORT / Code Compliance Agenda Item: 8 b. Council Meeting: July 23, 2015 Prepared By: Mike Pritchard Topic: CODE COMPLIANCE REPORT – June 2015 Action Required: Information Only Code Enforcement Issues: Complaint 15-066 – 15-088 (6/26/2015): Multiple Violations at multiple lots at 78XX Maple Hill Rd. The City conducted a site visit at Maple Hill Estates. We focused on junk vehicles and general junk/debris. In all, 21 code violation notices were sent. We will follow-up in approximately one month to check for compliance. Complaint 14-046(5/20/2014): Multiple Violations at 21XXX Co Rd 50. The City has been working with the property owner since May 2014 to address multiple exterior storage violations. As of March 9, 2015, the final deadline was missed and communication from the property owner had ceased. The matter has been referred to the City Attorney for review. Progress is being made on site. Complaint 12-031 (6-11-2012): Hazardous Building at 20XXX County Road 10. The building remains secure. No Update. Complaints Concerns Total Nuisiance Junk/Junk Vehicles Grass & Weed Control Animal Violations Home Occupations Signs Referred to Public Works, Metro West, or City Engineer Misc. Compaints Concerns Cases Referred to City Attorney Building Permits - Zoning review Building Permits Grading or Driveway Permits Misc. Permits Overweight /Ag Vehicle Permits 50 27 11 5 2 2 9 5 0 11 32 1 3 1 Complaints and Concerns Permits and Zoning 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. TO: Corcoran City Council FROM: Mary Matze through Kendra Lindahl, Landform DATE: July 15, 2015 for the July 23, 2015 City Council RE: City-initiated Sign Ordinance Update (city file 15-012) 60-DAY REVIEW DEADLINE: NA 1. Application Request Amend the sign ordinance to allow more signage types, increase sign area and clarify a variety of issues. 2. Planning Commission Review The Planning Commission reviewed the draft ordinance on July 7, 2015 and held a public hearing. Three people spoke at the public hearing, and one letter was submitted. A sign company representative was present, did not speak at the public hearing, but did add comments in support during the discussion period. Speakers were generally supportive of the increased options for sign area and sign height, but raised several questions related to design requirements and existing legally nonconforming signs. One resident asked why we are updating the ordinance. Staff noted that the Planning Commission identified as sign ordinance update as a 2015 priority and the City Council included it in a 2015 work plan to give business owners more options. The draft sign ordinance significantly increases the types of signage allowed in Corcoran and increases the amount of signage allowed in nearly every district. A resident asked what sign ordinances we looked at when we developed this ordinance. Staff noted that we used a variety of sign industry sources, multiple reports and research from the American Planning Association and more than 25 communities. The starting point was our existing ordinance and was customized to reflect the Comprehensive Planning goals and policies for the City of Corcoran. All of the speakers asked how the ordinance would impact their legal non-confirming signs. Staff explained that legal, non-conforming signs are signs that were installed in compliance with the ordinance in place when the permit was issued, but no longer comply with the current standards. Legal, non-conforming signs can continue in perpetuity and maintenance can occur, but changes to the sign would require it be brought into compliance with the current ordinance standards. The current sign ordinance was prepared by committee of residents, Commissioners and Council Agenda Item _ 9a. Sign Ordinance Update 2 July 23, 2015 members and was adopted in 2003 and was quite limited, which made most of the signs in Corcoran legal, non-conforming signs. This update will expand signage options and some of those legal, non- conforming signs will become conforming once again. The Planning Commission discussed the design standards in relation to cost to the business owners. Staff explained that the ordinance allowed for a variety of options and that technologies allowed for a well-designed sign at a reasonable cost. No business is required by the ordinance to install a sign (other than an address sign for public safety) and the new ordinance gives businesses options that do not currently exist today. There were several questions about how lighting was addressed in the code. One resident would have liked to see a lights out policy that would require signs to be shut off at night, particularly when they face residential areas. Commissioners felt that a lights out policy was too restrictive. The proposed ordinance requires lights to be dimmed at dusk to low levels to prevent nuisance lighting on neighboring properties. There was some feeling that the dynamic sign (changeable message sign) time minimum of 12 seconds was too conservative and that the allowable size was too small. A representative from the sign industry suggested that the sign area be increased to 37.5% of the allowable sign copy so that the standard dynamic sign panel could fit on the signs. Staff noted that the 12 second standard was adopted from the United States Sign Council recommendation. City standards vary from 3 seconds to 30 minutes. The Planning Commission recommended this a starting point noting that the ordinance can be amended if the City finds that the standards are too restrictive. Staff agrees that the 37.5% suggestion would allow a more standard 3x8 dynamic sign, but for the ease of reading we are recommending that 40% be used in the ordinance. The draft ordinance reflects this modification of the Planning Commission recommendation. The Planning Commission voted unanimously to recommend approval with a couple of minor edits and change to increase the allowable dynamic sign area to 37.5% of the total allowable sign area. As noted above, staff is recommending 40%. 3. Background At the March work session, the City Council identified a number of priorities for 2015. One of those priorities was an update to the sign ordinance. After working with City staff to identify the most critical updates, City Council authorized re-writing the sign ordinance to address concerns raised by local business owners and development professionals. Staff re-wrote the sign ordinance and presented a draft to City Council on June 11, 2015. Council members were comfortable with increasing sign sizes and felt that design of the sign was more critical than size. Council members discussed the role of dynamic signage within the community. While it is currently prohibited, Council members felt that a conservative use of dynamic signs should be permitted. Council directed staff to revise the draft to include conservative regulations for dynamic signs. Sign Ordinance Update 3 July 23, 2015 4. Analysis Sign ordinances can be a very challenging process because there is an inherent conflict between the “more is better” philosophy and a community’s desire to implement sign standards that reflect the character of the community. We have worked to develop an ordinance that retains the unique character of Corcoran, but is not so restrictive that it drives businesses away. We have prepared a draft of the sign ordinance update that addresses the key issues outlined in our scope of work. The update incorporates some pretty significant changes from the existing ordinance and staff recommends the changes shown on the attachment: Legal Issues We have updated the sign ordinance to ensure that the ordinance address legal protections for the City. The following items were updated: o Updated the findings, purpose and intent section to provide a legal basis for the ordinance. o Added a severability clause. This is important to establish that if one provision of the ordinance is found to be invalid for any reason, the remainder of the ordinance stands on its own and is still valid. This may prevent a flaw in part of the ordinance from invalidating all of it. o We added a substitution clause. This language provides that for every sign that is allowed, any non-commercial speech could be legally substituted. This ensures that non-commercial speech is never discriminated against based on content. o Content neutrality. A content neutrality clause was incorporated language was updated to ensure that commercial speech is not favored over non-commercial speech. Organization We added tables and graphics to make the sign ordinance easier to read and understand. We have updated the language so that it is consistent and organized sections for increased usability. Definitions were updated to address changes in lighting technology. They were also reviewed to ensure that the definitions matched terms used throughout the code. Finally, definitions were reviewed to ensure that signs are designed according to the intent of the standards. Review process We amended the permit process so that signs are not required to go to the Planning Commission for review. Signs that meet the standards of the ordinance should be allowed by issuance of a sign permit and only variances would go to the Planning Commission and City Council. Changeable Message Boards and Dynamic Signs The ordinance was updated to permit limited dynamic signage. Under the new ordinance, 1 dynamic sign per lot would be permitted. Dynamic signs would only be permitted on freestanding signs. Council indicated that it was important that the dynamic sign be a component of a sign, rather than Sign Ordinance Update 4 July 23, 2015 comprise the entire sign. At the Planning Commission meeting, an industry representative indicated that 37.5% of a 64 square foot sign (8x8) would allow for standard 3x8 (21 square feet) dynamic sign panels to be installed in the signs. In order to increase ease of implementation, staff recommends that this percentage be rounded to 40% of the overall sign copy area. Other neighboring communities limit dynamic signs to 6 square feet, 35%, and up to 60% of the sign copy area. We felt that the limitation on the sign was reasonable as a conservative start to allow this new technology. Animation (scrolling letters, dancing elves, etc.) and blinking on signs is prohibited. Property owners may change the message on their sign; however, the message must remain for 12 seconds. Requirements for the time that a message must remain displayed vary by community from 3 seconds up to 30 minutes. While we feel that 30 minutes is too restrictive, we feel that 3 seconds may still approximate blinking. The United States Sign Council recommends limiting display time to 12 seconds in residential districts. Twelve seconds prevents the sensation of blinking, but still allows for a change of message that can be viewed by someone pausing at an intersection. Lighting standards We have updated the lighting standards to allow internally illuminated signs and channel lit letters in addition to the external illumination currently allowed. The single biggest issue that staff hears about from business owners is the restriction that prohibits internally illuminated signs. It is our understanding that this was a conscious decision by the committee when the sign ordinance was last updated, but this is very restrictive and there are many signs in the community that were installed prior to adoption of this ordinance and are internally lit. The new ordinance would allow a variety of lighting options depending on the zoning district. Sign Design Design standards require that the design of signs be consistent with the architecture of the building and have a common design scheme. Standards were strengthened to require architectural wrapping on posts and to require landscaping around the sign. Sign sizing Increased the amount and type of allowable signage. This is the most significant change in the ordinance. The existing ordinance is very restrictive, which makes most of the existing signs in Corcoran non-conforming. In order to give the Council a sense of the scope of the changes, the following table provides a comparison of sign standards in Corcoran today, as proposed and in other neighboring communities. This is not a summary of all of the sign standards, but simply pulls out a few key components to for comparison. Sign Ordinance Update 5 July 23, 2015 SAMPLE ORDINANCE COMPARISION Commercial District Standards Existing Corcoran Ordinance Proposed Plymouth Maple Grove Monticello Freestanding (Pylon*) Sign Area 10 SF 64 100 45 100 Freestanding (Pylon*) Sign Height 10 F 16, but no higher than building height 36 15 22 Monument Sign Area 25 SF 64 100 45 100 Monument Sign Height 6 F 16 36 15 22 Wall Sign Area 10% of the wall area 10% of the primary building face 10% of the wall area 5% of the wall area, or 40 SF, whichever is greater 15% of wall area plus 100 SF if a monument sign is used (rather than a pylon) Total Number Of Signs Allowed 2 total 1 freestanding 1.25 sq. ft. per lineal foot of frontage (max. 125 ft.) 2 total 1 freestanding No max on number, but restricted total wall area 1 freestanding per street frontage 1 wall sign per wall, not to exceed area 1 freestanding per lot No max on number of wall signs *The current ordinance uses the term freestanding to describe a pole (i.e. pylon) sig. In fact pylon and monument are both types of freestanding signs. The new ordinance uses standard terminology. Sign Ordinance Update 6 July 23, 2015 5. Requested Action Move to adopt the following, as recommended by the Planning Commission: a. Ordinance 2015-306 approving the revisions to Chapter 84 (Signs) b. Resolution 2015-38 Approving Findings of Fact c. Summary Ordinance 2105-307 for publication Approval of the ordinance and findings of fact require a 3/5 vote. Approval of the summary ordinance requires a 4/5 vote. Attachments a. Ordinance 2015-306 approving the revisions to Chapter 84 (Signs) b. Resolution 2015-38 Approving Findings of Fact c. Summary Ordinance 2105-307 for publication d. Draft Sign Ordinance – REDLINES e. Letter from Dick Denison from July 7, 2015 City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-306 Motion By: Seconded By: AN ORDINANCE AMENDING THE TEXT OF CHAPTER 84 OF THE CORCORAN CITY CODE, ENTITLED CORCORAN SIGN ORDINANCE THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. The text of Chapter 84 (Sign Ordinance) of the Corcoran City Code is hereby repealed in its entirety and replaced with the following: SEE ATTACHMENT A SECTION 2. Effective Date. This ordinance shall be in full force and effect upon its passage. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Ordinance is hereby declared adopted on this 23rd day of July 2015. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator Page 1 of 1 CHAPTER 84: SIGNS TABLE OF CONTENTS CHAPTER 84: SIGNS ................................................................................................................ 1 84.01 PURPOSE, FINDINGS AND INTENT. .......................................................................... 1 84.02 DEFINITIONS. ................................................................................................................. 2 84.03 SIGN MEASUREMENT AND INTERPRETATION ..................................................... 9 84.04 GENERAL PROVISIONS ............................................................................................. 10 84.05 SIGN STANDARDS. ..................................................................................................... 13 84.06 TEMPORARY SIGNS. .................................................................................................. 17 84.07 EXEMPT SIGNS. ........................................................................................................... 17 84.08 PROHIBITED SIGNS. ................................................................................................... 19 84.09 NON-CONFORMING SIGNS. ...................................................................................... 20 84.10 PERMITS. ....................................................................................................................... 21 84.11 VARIANCES. ................................................................................................................. 22 84.12 REPEAL. ........................................................................................................................ 22 84.13 SEVERABILITY ............................................................................................................ 22 84.14 NONCOMMERCIAL SIGNS; SUBSTITUTION OF MESSAGES ............................. 22 84.15 VIOLATIONS, ENFORCEMENT, PENALTY............................................................. 22 84.01 PURPOSE, FINDINGS AND INTENT. The purpose of this ordinance is promote the health, safety, welfare, orderly development, livability, rural character and economy of Corcoran. The intent of the sign ordinance is to establish a comprehensive system of sign control that achieves balance among the following goals: 1.To encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the City of Corcoran. 2.To provide for adequate way-finding in the community, thus reducing traffic congestion. 3.To provide adequate means of business identification, advertising and communication. 4.To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well-being of the city. 5.To protect the safety and welfare of the public by minimizing hazards to vehicles and pedestrians. DRAFT – July 7, 2015 1 ATTACHMENT A 6. To preserve property values by preventing unsightly and chaotic signage that has a blighting influence on the city. 7. To differentiate among those signs that, because of their location, lighting, movement or other characteristics may distract drivers on public streets and those that may provide information in a safer manner. 8. To minimize the possible adverse effects of signs on nearby public and private property. 9. To implement the goals of the Comprehensive Plan. 10. To protect the constitutional rights of our citizens. 84.02 DEFINITIONS. Abandoned Sign - Any sign structure that has ceased to be used for the display of sign copy, or any sign regarding a business or activity on the site of the sign where such business or activity has ceased to be conducted for a period of more than 6 consecutive months. Address Sign - A sign communicating the street address and/or the name of the occupant of a property. Alteration - A change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration. Architectural Projection - Any projection from a building that is decorative and/or functional and not intended for occupancy, and that extends beyond the face of an exterior wall of a building but that does not include signs as defined herein. Awning Sign - A sign displayed on or attached flat against the surface or surfaces of an awning. Awning signs must meet the same sign area standards as wall and canopy signs. Balloon – A flexible, non-porous bag inflated with either air or helium that causes it to rise and float in the atmosphere. Banner - A flexible substrate on which copy or graphics may be displayed. Pennants are considered banners. Billboard - See Off Premise Sign. Building Elevation - The entire side of a building, from average ground level to the roofline, as viewed perpendicular to the walls on that side of the building. Address Sign DRAFT – July 7, 2015 2 Building Facade - That portion of any exterior elevation of a building extending vertically from grade to the top of a parapet wall or eaves and horizontally across the entire width of the building elevation. Canopy or awning - A multi-sided overhead structure supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. Canopy (freestanding) - A multi-sided overhead structure supported by columns, but not enclosed by walls. Canopy Sign - A sign affixed to the visible surface(s) of an attached or freestanding canopy. Candela per square meter (cd/m2) – The SI (metric) unit used to describe the luminance of a light source or of an illuminated surface that reflects light. Also referred to as Nits. Changeable Sign - A sign with the capability of content change by means of manual or remote input, including signs that are manually or electrically activated. 1) Manually Activated - Changeable sign whose message copy or content can be changed manually on a display surface. Not illuminated. 2) Electrically Activated - Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also: Dynamic Display. Channel Letter (open faced) – A dimensional letter with a back and sides but no face at the front of the letter. Open Faced Channel Letters may be non-lit, externally illuminated, or illuminated by a light source contained inside the open channel of the letter itself, such as a neon tube. Channel Letter (internally illuminated) – A dimensional letter with a back, sides and a translucent front face capable of transmitting light from an internal light source within the letter. Channel Letter (reverse) – A dimensional letter with a face and sides but no back, opposite to an Open Faced Channel Letter. A Reverse Channel Letter has an open channel facing the wall or building to which it is affixed. A Reverse Channel Letter may contain a source of illumination designed to project lighting against the surface behind the letter, commonly referred to as a Backlit Channel Letter; also referenced as a halo or silhouette lighted channel letter. The face of a Reverse Channel Letter does not illuminate. DRAFT – July 7, 2015 3 Code Compliance Official - The city official or employee responsible for implementing and enforcing the applicable codes and standards of the city. Community Event - A noncommercial event established primarily for the benefit and service of the population of the community in which it is located. Copy – The graphic elements comprising the content of a sign, excluding numerals identifying street address only. Directional Sign - Any sign that is designed for the purpose of providing direction for pedestrian or vehicular traffic. Directory Sign - A wall sign that identifies individual tenants within a development that do not have their own exclusive exterior entrance. Double-Faced Sign - A sign with two identical faces that is designed so only one face can be viewed at one time. Only one side of a double face or V-type sign structure shall be used in computing total surface area, provided the maximum angle between faces of double-faced or V-type signs is 45 degrees. Dynamic Display –An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed. Event Sign - A temporary sign used exclusively to advertise community events. Exterior Sign - Any sign placed upon the exterior of a building. Externally Illuminated Sign - A sign characterized by the use of artificial light reflecting off its surface. Facade - The face of a building from the lowest exposed point to the roof. Freestanding Sign - A sign principally supported by a structure affixed to the ground and not supported by a building. Pylon and monument signs are types of freestanding signs. Table 2 identifies types of permitted freestanding signs. Frontage (Property) - The dimension in feet of the parcel upon the street of business mailing address. Frontage (Building) - The length of the exterior building wall or structure oriented toward the frontage road. Holiday Sign - A sign or display that contains or depicts a message pertaining to a national, state, local or religious holiday. DRAFT – July 7, 2015 4 Integral Sign - A sign carrying the name of a building, its date of erection and incidental information about its construction, and made an integral part of the structure. Interior Sign - Any sign placed within a building, but not including window signs. (Interior Signs are not regulated by this ordinance). Illuminance – The amount of light falling upon a real or imaginary surface, commonly called “light level” or “illumination”. Measured in foot-candles (lumens/square foot) in the English system and lux (lumens/square meter) in the SI (metric) system. Illuminated Sign - A sign characterized by the use of artificial light, either projecting through its surface(s) (internally or trans-illuminated); or reflecting off its surface(s) (externally illuminated). Internally Illuminated Sign - A sign characterized by the use of artificial light projecting outward through its surface. Logo Signs - Any brand name, trademark, logo, distinctive symbol or other similar device or thing used to identify a particular business, institution or activity. Luminance – The light that is emitted by or reflected from a surface. Measured in units of luminous intensity (candelas) per unit area (square meters in SI measurement units or square feet in English measurement units.) Expressed in SI units as cd/m2, and in English units as foot lamberts. Sometimes also expressed as “nits”, a colloquial reference to SI units. Can be measured by means of a luminance meter. Lux – The SI (metric) unit for illuminance. One lux equals 0.093 foot-candles. Mansard - An inclined decorative roof-like projection that is attached to an exterior building facade. Memorial Sign - A sign attached to a building noting its natural, historic, community or architectural significance. Menu Board - A freestanding menu sign oriented to the drive-through lane for a restaurant Monument Sign- A freestanding sign which is architecturally designed and located directly at grade where the base width dimension is 75% or more of the greatest width of the sign. Monument signs are not supported by exposed posts or poles. Mullion - A vertical strip separating windowpanes. Mural - A picture rather than words, numbers or symbols, applied to a wall. DRAFT – July 7, 2015 5 Natural Grade - The grade of a site before it is modified by moving earth, adding or removing fill, or installing a berm, retaining wall or other earthwork feature. Nit - A photometric unit of measurement referring to luminance. One nit is equal to 1 cd/m2. Non-Conforming Sign - A sign that was legally installed by permit in conformance with all municipal sign regulations and ordinances in effect at the time of its installation, but which may no longer comply with subsequently enacted laws and ordinances having jurisdiction relative to the sign. Non-Commercial Sign – any sign which is not a commercial sign which expresses an opinion and which is deemed by the courts to have greater protection under the first amendment than a commercial sign. Obsolete Sign – On-premise sign that no longer advertises or identifies a use conducted on the property on which the sign is erected. Off-Premise Signs - A sign advertising products, goods, services, or places of business or services offered at a location other than the lot upon which the sign is maintained. On-Premise Sign - A sign used for the purpose of displaying messages pertinent to the use of, products sold on, or the sale or lease of, the property on which it is displayed. Parapet - The extension of a building facade above the line of the top of the structural roof assembly. Pennant - See Banner. Permanent Sign - Any sign that is not temporary. Banners and pennants shall not be considered permanent signs. Pole Sign - See Freestanding Sign. Political Sign - A temporary sign intended to influence voting at a primary, general or other election. DRAFT – July 7, 2015 6 Portable Sign – A sign whose principal supporting structure is intended, by design and construction, to be used by resting upon the ground for support and may be easily moved or relocated for reuse. Portable signs shall include but are not limited to signs mounted upon a trailer, bench, wheeled carrier, or other non-motorized mobile structure with or without wheels. Primary Building Face - The wall of a building façade fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases, or decorations. There is only one primary building face per tenant. Projecting Sign - A sign attached to a building or extending in whole or part more than 18 inches and less than 6 feet beyond the surface of the building to which the sign is attached. Pylon Sign – A freestanding sign supported by 2 posts so that the sign and supports are finished to grade by encasing the posts in a material consistent with the sign and where the cumulative width dimension of the supporting posts is not less than 60% of the total width of the sign face. Real Estate Sign - A temporary sign advertising the open house, sale, lease, or rental of the property or premises upon which it is located. Rotating Sign - Any sign that revolves. Roof Line - The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet. Roof Sign - A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades and architectural projections such as canopies shall not be considered to be roof signs. Sandwich Board or A-Frame – A double-faced sign ordinarily in the shape of the letter “A,” or some variation thereof, that is displayed on the ground, not permanently attached, and usually two- sided and not more than 6 square feet. Scroll – A mode of message transition on an Electronic Message Sign in which the message appears to move vertically across the display surface. Security Sign - A sign identifying the presence of a security system. DRAFT – July 7, 2015 7 Sign - Any device visible from a public right-of-way that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. SI (International System of Units) – The modern metric system of measurement; abbreviated SI for the French term “Le Systeme International d’Unites.” Temporary Sign - A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs. Tenant Space - For the purpose of this Section, a tenant space is considered to be a business area that has its own exclusive interior or exterior entrance within a multiple-occupancy development. Wall or Fascia Sign - A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. Window Sign - A sign attached to, placed upon, or painted on a window or door of a building, or located within 1-foot of the interior of a window, that is intended for viewing from the exterior of such building. Zoning Ordinance -City of Corcoran or related or succeeding ordinances. DRAFT – July 7, 2015 8 84.03 SIGN MEASUREMENT AND INTERPRETATION. Signs shall be measured according to the following standards: Sign Copy. The physical sign message including any words, letters, numbers, pictures, and symbols. Sign Area. The area of the board(s) or module(s) containing the sign message, but not including the supporting structure. The area to be calculated is the area within the smallest rectilinear perimeter that contains the entire signboard or module. The area of a sphere shall be computed as the area of a circle. Sign Face. The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. Sign Height. Sign height shall be calculated as the vertical distance from the natural grade measured at a point either at the back of the curb level or 10 feet away from the front center of the sign, whichever is closer, to the upper- most point used in measuring the area of a sign. DRAFT – July 7, 2015 9 84.04 GENERAL PROVISIONS. 1. Conformance to Codes. All signs shall conform to the provisions of this ordinance and the provisions of the Building Code and of any other applicable ordinance or regulations within the City of Corcoran. 2. Location a) Setbacks. All signs shall be set back 10 feet from the property lines. b) Projections Over Public Ways. Except as provided for elsewhere in this ordinance, private signs may not encroach or overhang the public right-of-way and no sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way except: 1) Signs advertising a community event may be permitted in the public rights- of-way, subject to approval by the Code Compliance Official as to the size, location and method of erection. The Code Compliance Official may not approve any special event signage that would impair the safety and convenience of use of public rights-of-way, or obstruct traffic visibility. b) Obstructions. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit-ways, window or door openings used as a means of egress, or to prevent free passage from one part of a roof to another part thereof or access thereto. In addition, no sign shall be attached in any form, shape or manner that will interfere with any opening required for ventilation. No sign shall obstruct any drainage ways. No sign shall be placed so as to interfere with access of Fire Department personnel on the property. c) Traffic Visibility. No sign or sign structure shall be erected in a site visibility triangle, as defined by Section 1060.090, Subd. 2, in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape, or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal, or device. Signs over County or State Highways are not permitted. d) Signs may not be erected, painted or drawn upon sidewalks, rocks, trees or natural features. 3. Maintenance, Repair and Removal. a) It shall be the duty of the owner of any sign to maintain the sign in good repair. The City may order special repair to be made in order that the appearance and safety of the sign may be maintained. b) No matter shall be permitted to hang loose from any sign. It shall be the duty of every DRAFT – July 7, 2015 10 person maintaining a sign to keep and preserve the lot or parcel of land on which such sign is erected at all times clean, inoffensive, and free and clear of any garbage, refuse weeds, rubbish, paper or other offensive material of any kind and description, which may be deposited or gathered thereon and to keep the same removed at all times for a space equal to 20 feet from any portion of such sign. 4. Obsolete Sign Copy. An abandoned sign or a sign that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the Code Compliance Official; and upon failure to comply with such notice, the Code Compliance Official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure, or ground on which the sign is located. If the owner of the sign does not remit payment for such removal within 60 days after removal of signs, the City may take whatever actions are allowed by law to collect such amount, including imposing a lien on the property upon which the sign is located. 5. Resemblance to Government Signs. No sign erected by a non-governmental person may imitate any sign erected by a government agency, or display such words as "stop" or "danger" except that such signs may be used in shopping centers or other traffic areas where first approved by the City Engineer. 6. Public Nuisance. Any sign which is obscene, as defined by MN Statute 617.241, Subd. 1(a) shall be considered a nuisance and is prohibited. Any sign which emits an audible sound, odor, or visible matter shall be considered a public nuisance and is prohibited. 7. Dynamic Displays. Dynamic displays as permitted by section 84.05 (Sign Standards) are subject to the following conditions: a. Only one dynamic display sign shall be allowed per lot. b. Dynamic displays are allowed only on freestanding signs. Dynamic displays may occupy no more than 40% of the actual sign area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous electronic message sign area is allowed on a sign face. c. A dynamic display sign may not change or move more often than once every 12 seconds except one for which changes are necessary to correct hour and minute, date, or temperature information. d. The images and messages displayed and transitioned must be instantaneous or fading. Modes of display which cause the message to flash or blink are prohibited. e. Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a DRAFT – July 7, 2015 11 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. f. Electronic message signs must comply with the lighting and brightness standards contained in this section. 8. Lighting and Brightness Standards. In addition to the lighting standards set forth in Section 1060.040 of the Zoning Code, all sign lighting, including LED accent lighting, shall comply with the following standards: a) Except where otherwise stated in this ordinance, signs may be illuminated by artificial light sources on timers and shall be equipped with dimmers. b) No sign may be brighter than is necessary for clear and adequate visibility. c) No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. d) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. e) Signs using an LED (light emitting diode) light source shall not exceed a luminance level of 500 candela per square meter (nits) between sunset and sunrise, and shall not exceed a luminance level of 5,000 candela per square meter between sunrise and sunset. f) Signs using fluorescent, neon, or incandescent light sources shall not exceed 12 watts per square foot of sign surface area. g) All signs with illumination shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions (e.g., dusk) to ensure that the sign's intensity does not exceed 0.3 foot-candle above ambient light levels as measured from 100 feet from the sign's face. h) No illumination involving movement by reason of the lighting arrangement, lighting source, changes in either color or intensity of lighting or other devices shall be permitted. 9. Design standards. In addition to the standards set forth in Section 84.05 (Sign Standards), all signs shall comply with the following design standards: DRAFT – July 7, 2015 12 a) All proposed signs on a site shall be part of a common design scheme and shall maintain consistency through the use of lighting design, color schemes, materials, shape, proportion, and type faces. b) The design of all signs on site shall use building materials, colors, and, where applicable, architectural design features consistent with the materials, colors, and architectural design features of the principal building on the site. c) All exposed pole or post structures must be wrapped or faced with stucco, architectural metal, brick or stone consistent with the building architecture. d) The area around freestanding signs shall be landscaped with plantings and maintained in such a manner to accent and enhance the sign. 84.05 SIGN STANDARDS. 1. Sign Standards. In addition to Section 84.04 (General Provisions), signs shall comply with the standards for permitted sign types in each district as shown in Table 2 and Table 3. 2. Planned Unit Developments. All developments must comply with standards for the underlying zoning district. PUD sign plans may be requested as part of the Preliminary PUD development plan. 4. Additional standards for specific types of signs. a) Menu Boards. Drive-thru restaurants may be permitted 2 menu boards, not to exceed 36-square feet per board. No more than 20% of the total area of the sign may be utilized for business identification. Menu boards may be internally illuminated. b) Gas station. In addition to dynamic displays as permitted by 84.05 (Sign Standards), gas station uses in any district are permitted to display fuel prices by an electronic message component on one wall sign or freestanding sign, and are subject to the standards of 84.08 (General Provisions), 84.05 (Sign Standards), and Minnesota State Statutes §239.751 and, §325D.71, as may be amended. DRAFT – July 7, 2015 13 f) Wall Signs. i) Wall signs are limited to 1 sign at the primary entrance of each tenant space, not to exceed 10% of the primary building face of the related tenant space. ii) Lettering on canopy and awning signs is restricted to the side panels or front drop. iii) Internally lit wall signs are limited to logo signs and individually-mounted channel lit lettering. iv) Wall signs must be located on the same wall as the primary building entrance. v) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. Lettering on canopy and awning signs. DRAFT – July 7, 2015 14 Table 2 – Freestanding Signs Monument Sign Pylon Sign Qty Sign Copy Area Height ** Illumination Additional Standards Residential Districts Non-residential uses 1 32 6 -External -Internal -Reverse channel letter -Dynamic Display Residential subdivision (more than 6 lots) and medium and high density apartments 2 32 6 -External -Internal -Reverse channel letter Must be located at primary entrance of subdivision. One additional sign not to exceed 16-square feet shall be allowed at each secondary entrance. CR Non-residential uses 1 64 16 -External -Internal -Channel letter -Dynamic display C / GMU Non-residential uses 1 64 16 -External -Internal -Channel letter -Dynamic display BP / I 1 64 16 -External -Internal -Channel letter P-I 1 64 16 -External -Internal -Channel letter DMU Freestanding signs are not permitted in the DMU district. **The top of a sign, including its support shall be no higher than the roof of the principal building. DRAFT – July 7, 2015 15 Table 3 - Signs Attached to Buildings Awning / Canopy Sign Wall Sign Projecting Sign Sign Copy Area Illumination Additional Standards DMU District Non-residential uses 10% of the primary building face -External -Internal -Channel letter 1 projecting sign allowed in addition to one allowed wall or canopy sign. CR Non-residential uses 10% of the primary building face -External -Internal -Reverse Channel letter C / GMU Non-residential uses 10% of the primary building face -External -Internal -Channel letter 1 service entrance sign (4 SF max) allowed in addition to allowed sign attached to building. BP / I 10% of the primary building face -External -Internal -Channel letter P-I 50 SF or 5% of the wall area, whichever is greater -External -Internal -Channel letter DRAFT – July 7, 2015 16 84.06 TEMPORARY SIGNS. Temporary use of portable or movable signs shall be allowed in excess of and in addition to the sign limitations of this ordinance. 1. General Provisions. All temporary signs shall comply with the following standards: a) Temporary signs shall comply with Section 84.04 (General Provisions) b) Such signs shall be limited to a maximum of 32 square feet in area. c) A permit shall be obtained from the Code Compliance Official for each location and time period for placement of such signs. d) Temporary signs shall advertise an activity on the property on which they are located, except that temporary off-site signs may be allowed as identified in 84.07 (Exempt Signs). e) All pennants, streamers, banners, and other forms of temporary signs must be maintained and not be frayed, torn, or tattered. f) Manually activated changeable message boards are permitted on temporary freestanding signs. g) Sandwich board and A-frame signs must be placed on the property where the business is located and within 10 feet of the primary entrance of the business or on the right-of-way in front of property. A-frame signs must provide an unobstructed sidewalk width of at least 5 feet for pedestrian passage and must not interfere with pedestrian traffic or violate standards of accessibility as required by the ADA or other accessibility codes. h) Temporary signs may be located on a property for continuous periods not to exceed 30 days. No more than 1 such sign will be allowed per parcel. i) No property shall be allowed more than 4 such periods in any 12 month period. 84.07 EXEMPT SIGNS. The following signs shall be exempt from the provisions of this ordinance, except they must meet standards of General Provisions (Section 84.08): 1. Street address signs, and combination nameplate and street address signs which contain non- commercial messages and which do not exceed 6 square feet in area. DRAFT – July 7, 2015 17 2. Detached freestanding signs smaller than 4 square feet in area and less than 4 feet in height, and containing no commercial mess age (e.g. “Enter” or Exit” signs). Signs may be illuminated according to the standards of Section 84.04 (General Provisions). 3. Interior window signs in commercial and industrial districts, subject to the following standards: a) The aggregate area of all such signs shall not exceed 25% of the window area on which such signs are displayed. Window panes separated by mullions shall be considered as 1 continuous window area. b) Window signs shall not be counted against the sign area permitted for other sign types. 4. Permanent governmental signs for control of traffic and other regulatory/notification purposes and street signs. 5. Cornerstones, foundation stones, and memorial signs or tablets displaying the names of buildings and date of erection, when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other incombustible material, provided that no such sign shall exceed 6 square feet in area. 6. Noncommercial flags or any other flags displayed from flagpoles will not be considered to be signs. Flags & individual pennants (not on a string) are exempt signs. 7. Noncommercial cultural decorations, displays of a noncommercial nature, or holiday signs mounted on private residential property, which pertain to cultural observances. 8. Temporary signs as described in Table 1 shall be permitted in all zoning districts. Temporary changeable signs shall be required to comply with the standards of Section 84.06 (Temporary Signs). Table 1 - Temporary Signs exempt from permits Sign type Duration permitted Maximum Size (limited to 1 sign per street front) Community or public events 30 days 25 square feet Campaign Signs Allowed per Minnesota §211B.045, as may be amended. Allowed per Minnesota §211B.045, as may be amended. DRAFT – July 7, 2015 18 Sale signs for seasonal roadside agricultural vendors Shall only be erected for period of roadside sales. 16 square feet Signs denoting the architect, engineer, or contractor working upon a work site and real estate signs pertaining to the sale, development or rental of the property Removed within ten 10 days after completion of construction or the sale, lease or development of 90% of the property. 12 square feet per lot or 6 square feet per acre of land up to 300 square feet. Garage sale signs and similar sales or events 4 days 8 square feet 84.08 PROHIBITED SIGNS. The following devices shall be specifically prohibited: l. No person with a home occupation as defined in Section 1030.100 of the Zoning Ordinance shall be permitted to erect a sign advertising the home occupation, except as otherwise permitted by the City as part of a conditional home occupation license. In cases where signs are permitted as part of a conditional home occupation license, signs shall conform to the standards for residential uses in Table 2. 2. Signs that blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings visible from the roadway. 3. Electronic outdoor advertising devices or dynamic displays including animated signs, electronic or manual changeable message signs, flashing signs or displays, moving signs, scrolling displays, and traveling displays, except as permitted in 84.05 (Sign Standards) and Section 84.06 (Temporary Signs). 4. Portable signs except as allowed for temporary signs. 5. Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions: a) The sign is a portable sign that meets the standards of 84.06 (Temporary Signs). b) The primary purpose of such vehicle or trailer is not the display of signs. c) The signs are magnetic, decals, or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the DRAFT – July 7, 2015 19 silhouette of the vehicle. d) The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate. 6. Vehicles and trailers used primarily as static displays, advertising a product or service, or utilized as storage, shelter or distribution points for commercial products or services for the general public. 7. Inflatable or flying devices such as, but not limited to, balloons, streamers or pinwheels except those that are permitted temporary signs. 8. Signs that are structurally unsafe or in disrepair or which create a hazard by their condition, location or lighting. 9. Permanent signs or placards of any size attached or added to any sign beyond that included in the application and permit. 10. Abandoned signs. 11. Rotating signs. 12. Roof signs. 13. A sign that violates any provision of any law of the State relative to off premises signs. 14. Temporary signs that advertise a business, product, or service, which is not produced or conducted on the lot upon which the sign is located, except that temporary off-site signs may be allowed as identified in 84.06 (Temporary Signs). 15. Off premise signs are prohibited. Off-premise signs which exist on the effective date of this section shall be considered as nonconforming signs and are subject to standards contained in section 84.09 (Non-conforming Signs) of this Chapter. 84.09 NON-CONFORMING SIGNS. 1. Any sign legally existing at the time of the passage of this ordinance that does not conform in use, location, height, or size with the regulations of the zone in which such sign is located shall be considered a legal non-conforming use or structure and may continue in such status until such time as it is either abandoned or removed by its owner, subject to Minnesota §462.357, as may be amended. DRAFT – July 7, 2015 20 2. For on-premises signs, structural alterations, maintenance and improvements are permissible only where such alterations, maintenance and improvements will not increase the degree of nonconformity of the signs. 84.10 PERMITS. 1. Application. Unless exempted (Section 84.07), all persons seeking to place a sign within the City limits of the City of Corcoran and as regulated by the terms of this Section shall obtain a permit. The applicant shall first file an application in writing on a form furnished for that purpose by the Code Compliance Official for the City of Corcoran. Every such application shall: a) Identify and describe the work completely, including size, height, location, materials, true colors and lighting to be used. All applications must include color samples for review. Color rendition and intensity of lighting shall be indicated. b) Properties with multiple tenants, occupants or buildings entitled to signs must demonstrate an allocation of the allowed signage among eligible tenants and users. c) Be accompanied by a site plan with dimensions and specifications sufficient to determine consistency with this and other applicable laws and ordinances. d) Complete application form. e) Be accompanied by a fee, if applicable, as established by the City Council. f) Provide such other information as may reasonably be required by the Code Compliance Official. 2. Sign Permits. The application shall be reviewed by the Code Compliance Official and other departments of the City including the Building Official to check compliance with the laws and ordinances under their jurisdiction. The Code Compliance Official may require a building permit or electrical permit before construction commences. 3. Expiration of Permit. Every permit issued by the Code Compliance Official under the provisions of this ordinance shall become null and void if the sign or work authorized by such permit is not completed within 120 days from the date the permit is issued. The Code Compliance Official shall have the sole discretion to grant extensions for good cause shown. 4. Right to appeal. Any applicant who files an application for a permit and is denied shall have the right to an appeal before the City Council, within 10 days of receiving notice of the denial of the application. 5. Sign Removal. Any signs constructed in the City without a permit shall be removed by and at the expense of the owner(s) of the sign. If the owner does not remove such sign(s) DRAFT – July 7, 2015 21 within 10 working days of receiving notice of non-compliance for failure to obtain a permit, the Code Compliance Official may order the immediate removal of all such sign(s). 84.11 VARIANCES. The City Council shall have the authority to approve or deny variances from the provisions of the Sign Ordinance. An applicant for variance shall proceed as required under Section 1070.040 (Variances) of the Corcoran Zoning Ordinance. The City Council shall use the same standards for evaluating sign variances as are found in said Section 1070.040 of the Corcoran Zoning Ordinance. 84.12 REPEAL. All prior ordinances pertaining to the subjects treated in this Ordinance shall be deemed repealed from and after the effective date of this Ordinance, except as they are included and re-ordained in whole or in part in this Ordinance; provided, this repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this Ordinance. 84.13 SEVERABILITY If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of the provisions of this chapter related to signs is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality does not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter. 84.14 NONCOMMERCIAL SIGNS; SUBSTITUTION OF MESSAGES 1. Any sign allowed or that would be allowed without permit, by sign permit, by special use permit, or by variance, may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business, product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as the sign complies with the size, height and other requirements of this chapter. 2. It is the city's policy to regulate signs in a constitutional manner that is content neutral as to noncommercial signs. 84.15 VIOLATIONS, ENFORCEMENT, PENALTY. 11. Any sign constructed in the City in violation of this ordinance shall be removed by and at the expense of the owner(s) of the sign. If the owner does not remove the sign(s) within 10 working days of receiving notice of non-compliance, the Code Compliance Official may order the immediate removal of all such sign(s). 12. In the event that the Code Compliance Official is required to order the removal of any sign(s) in violation of this ordinance, all costs associated with the removal of such sign(s), DRAFT – July 7, 2015 22 including reasonable attorney’s fees, shall be the responsibility of the owner of the sign(s). 13. Any person, firm or corporation who violates any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction may be sentenced in accordance with Minn. Stat. §609.03, as amended. DRAFT – July 7, 2015 23 City of Corcoran July 23, 2015 County of Hennepin State of Minnesota RESOLUTION NO. 2015-38 Motion By: Seconded By: A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING THE TEXT OF CHAPTER 84 OF THE CORCORAN CITY CODE, ENTITLED CORCORAN SIGN ORDINANCE WHEREAS, the City of Corcoran initiated an amendment to update the City Code to update the sign ordinance; and WHEREAS, the amendment would be consistent with the 2030 Comprehensive Plan; and WHEREAS, the amendment would be consistent with other City Code standards and City policies; and WHEREAS, the Planning Commission has reviewed the proposed text amendments at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the Sign Ordinance text amendment, based upon the following findings: 1. To encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the City of Corcoran. 2. To provide for adequate way-finding in the community, thus reducing traffic congestion. 3. To provide adequate means of business identification, advertising and communication. 4. To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well-being of the city. 5. To protect the safety and welfare of the public by minimizing hazards to vehicles and pedestrians. 6. To preserve property values by preventing unsightly and chaotic signage that has a blighting influence on the city. 7. To differentiate among those signs that, because of their location, lighting, movement or other characteristics may distract drivers on public streets and those that may provide information in a safer manner. 8. To minimize the possible adverse effects of signs on nearby public and private property. Page 1 of 2 City of Corcoran July 23, 2015 County of Hennepin State of Minnesota RESOLUTION NO. 2015-38 9. To implement the goals of the Comprehensive Plan. 10. To protect the constitutional rights of our citizens. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 23rd day of July 2015. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator Page 2 of 2 City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-307 Motion By: Seconded By: CITY OF CORCORAN SUMMARY OF ORDINANCE NO. 2015-306 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 84 OF THE CORCORAN CITY CODE, ENTITLED CORCORAN SIGN ORDINANCE The text of Chapter 84 (Sign Ordinance) of the Corcoran City Code is hereby repealed and replaced in its entirety. A printed copy of the entire amended Chapter 84 is available for inspection by any person at City Hall during the City Clerk’s regular office hours. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 23rd day of July 2015. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator Page 1 of 1 CHAPTER 84: SIGNS TABLE OF CONTENTS CHAPTER 84: SIGNS ................................................................................................................ 1 84.01 PURPOSE, FINDINGS AND INTENT. .......................................................................... 1 84.02 DEFINITIONS. ................................................................................................................. 2 84.03 SIGN MEASUREMENT AND INTERPRETATION ................................................... 11 84.04 GENERAL PROVISIONS ............................................................................................. 13 84.05 SIGN STANDARDS. ..................................................................................................... 16 84.06 TEMPORARY SIGNS. .................................................................................................. 20 84.07 EXEMPT SIGNS. ........................................................................................................... 20 84.08 PROHIBITED SIGNS. ................................................................................................... 24 84.09 NON-CONFORMING SIGNS. ...................................................................................... 25 84.10 PERMITS. ......................................................................................................................... 7 84.11 VARIANCES. ................................................................................................................... 8 84.12 REPEAL. .......................................................................................................................... 8 84.13 SEVERABILITY .............................................................................................................. 8 84.14 NONCOMMERCIAL SIGNS; SUBSTITUTION OF MESSAGES ............................... 8 84.15 VIOLATIONS, ENFORCEMENT, PENALTY............................................................... 9 84.01 PURPOSe, PURPOSE, FINDINGS AND INTENT. The purpose of this ordinance is promote the health, safety, welfare, orderly development, livability, rural character and economy of Corcoran. by advancing both the opportunity for advertising by businesses and the attractiveness of Corcoran as a place to live and work. The intent of the sign ordinance is to establish a comprehensive system of sign control that achieves balance among the following goals: 1.To encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the City of Corcoran. 2.To provide for adequate way-finding in the community, thus reducing traffic congestion. 3.To provide adequate means of business identification, advertising and communication. 4.To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well-being of the city. 5.To protect the safety and welfare of the public by minimizing hazards to vehicles and 1-DRAFT - June 18, 2015 SIGN ORDINANCE - REDLINES pedestrians. 6. To preserve property values by preventing unsightly and chaotic signage that has a blighting influence on the city. 7. To differentiate among those signs that, because of their location, lighting, movement or other characteristics may distract drivers on public streets and those that may provide information in a safer manner. 8. To minimize the possible adverse effects of signs on nearby public and private property. 9. To implement the goals of the Comprehensive Plan. 10. To protect the constitutional rights of our citizens. 84.02 DEFINITIONS. Abandoned Sign - Any sign structure that has ceased to be used for the display of sign copy, or any sign regarding a business or activity on the site of the sign where such business or activity has ceased to be conducted for a period of more than six (6) consecutive months. Address Sign - A sign communicating the street address and/or the name of the occupant of a property. Alteration - A change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration. Animated Sign - A sign employing actual motion or the illusion of motion. Animated signs include signs or devices motivated by natural environmental input, signs powered by electric motors or other mechanically induced means and signs producing the illusion of movement by means of electronic, electrical or electromechanical input. Architectural Projection - Any projection from a building that is decorative and/or functional and not intended for occupancy, and that extends beyond the face of an exterior wall of a building but that does not include signs as defined herein. Address Sign 2- DRAFT - June 18, 2015 Awning - An architectural projection supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials on a supporting framework. [See Canopy (Attached)] Awning Sign - A sign displayed on or attached flat against the surface or surfaces of an awning. Awning signs must meet the same sign area standards as wall and canopy signs. Balloon – A flexible, non-porous bag inflated with either air or helium that causes it to rise and float in the atmosphere. Banner - A flexible substrate on which copy or graphics may be displayed. Pennants also meet this definitionare considered banners. Billboard - See Off Premise Sign. Building Elevation - The entire side of a building, from average ground level to the roofline, as viewed perpendicular to the walls on that side of the building. Building Facade - That portion of any exterior elevation of a building extending vertically from grade to the top of a parapet wall or eaves and horizontally across the entire width of the building elevation. Canopy or awning (Attached) - A multi-sided overhead structure supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. A marquee is considered a form of an attached canopy. Canopy (freestanding) - A multi-sided overhead structure supported by columns, but not enclosed by walls. Canopy Sign - A sign affixed to the visible surface(s) of an attached or freestanding canopy. Canopy (Freestanding) - A multi-sided overhead structure supported by columns, but not enclosed by walls. Candela per square meter (cd/m2) – The SI (metric) unit used to describe the luminance of a light source or of an illuminated surface that reflects light. Also referred to as Nits. Changeable Sign - A sign with the capability of content change by means of manual or remote input, including signs that are manually or electrically activated. 1) Manually Activated - Changeable sign whose message copy or content can be changed manually on a display surface. Not illuminated. 3- DRAFT - June 18, 2015 2) Electrically Activated - Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also: Dynamic Display. Channel Letter (open faced) – A dimensional letter with a back and sides but no face at the front of the letter. Open Faced Channel Letters may be non-lit, externally illuminated, or illuminated by a light source contained inside the open channel of the letter itself, such as a neon tube. Channel Letter (internally illuminated) – A dimensional letter with a back, sides and a translucent front face capable of transmitting light from an internal light source within the letter. Channel Letter (reverse) – A dimensional letter with a face and sides but no back, opposite to an Open Faced Channel Letter. A Reverse Channel Letter has an open channel facing the wall or building to which it is affixed. A Reverse Channel Letter may contain a source of illumination designed to project lighting against the surface behind the letter, commonly referred to as a Backlit Channel Letter; also referenced as a halo or silhouette lighted channel letter. The face of a Reverse Channel Letter does not illuminate. Code Compliance Official - The city official or employee responsible for implementing and enforcing the applicable codes and standards of the city. Community Event - A noncommercial event established primarily for the benefit and service of the population of the community in which it is located. Copy – The graphic elements comprising the content of a sign, excluding numerals identifying street address only. Development Complex Sign - A freestanding or wall sign identifying a multiple, non- residential occupancy containing three or more tenants Directional Sign - Any sign that is designed for the purpose of providing direction for pedestrian or vehicular traffic. Directory Sign - A wall sign that identifies individual tenants within a development that do not have their own exclusive exterior entrance. Double-Faced Sign - A sign with two identical faces that is designed so only one face can be viewed at one time. Only one side of a double face or V-type sign structure shall be used in computing total surface area, provided the maximum angle between faces of double-faced or 4- DRAFT - June 18, 2015 V-type signs is 45 degrees.Double-faced signs shall be considered to be two signs for the purposes of computing sign area. Dynamic Display –An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed. Event Sign - A temporary sign used on private property used exclusively to advertise temporary events that are community events. sanctioned by the City Council, such as rodeos, fairs, motor racing, or other such activities. All such event signs shall be temporary signs. Exterior Sign - Any sign placed upon the exterior of a building. Externally Illuminated Sign - A sign characterized by the use of artificial light reflecting off its surface. Facade - The face of a building from the lowest exposed point to the roof. Flashing Sign - See Animated Sign. Freestanding Sign - A sign principally supported by a structure affixed to the ground and not supported by a building. Pylon and monument signs are types of freestanding signs. gTable 2 identifies types of permitted freestanding signs.. Frontage (Property) - The dimension in feet of the parcel upon the street of business mailing address. Frontage (Building) - The length of the exterior building wall or structure oriented toward the frontage road. Government Sign - A sign erected by a government body. Height – The distance between the uppermost portion of the sign and the average natural grade of the ground immediately below the sign. Height, Maximum - The vertical distance measured from the average natural grade of the ground within one (1) foot of the perimeter of the base of the sign, to the top of the sign. Height, Minimum - The vertical distance measured from the average natural grade of the ground within one (1) foot of the perimeter of the base of the sign, to the bottom of the sign. Holiday Sign - A sign or display that contains or depicts a message pertaining to a national, state, local or religious holiday. Integral Sign - A sign carrying the name of a building, its date of erection and incidental information about its construction, and made an integral part of the structure. 5- DRAFT - June 18, 2015 Interior Sign - Any sign placed within a building, but not including Window window Signssigns. (Interior Signs are not regulated by this ordinance).) IIlluminance – The amount of light falling upon a real or imaginary surface, commonly called “light level” or “illumination”. Measured in foot-candles (lumens/square foot) in the English system and lux (lumens/square meter) in the SI (metric) system. Illuminated Sign - A sign characterized by the use of artificial light, either projecting through its surface(s) (internally or trans-illuminated); or reflecting off its surface(s) (externally illuminated). Internally Illuminated Sign - A sign characterized by the use of artificial light projecting outward through its surface. Logo Signs - Any brand name, trademark, logo, distinctive symbol or other similar device or thing used to identify a particular business, institution or activity. Luminance – The light that is emitted by or reflected from a surface. Measured in units of luminous intensity (candelas) per unit area (square meters in SI measurement units or square feet in English measurement units.) Expressed in SI units as cd/m2, and in English units as foot lamberts. Sometimes also expressed as “nits”, a colloquial reference to SI units. Can be measured by means of a luminance meter. Lux – The SI (metric) unit for illuminance. One lux equals 0.093 foot-candles. Mansard - An inclined decorative roof-like projection that is attached to an exterior building facade. Memorial Sign - A sign attached to a building noting its natural, historic, community or architectural significance. Menu Board - A freestanding menu sign oriented to the drive-through lane for a restaurant, and which has no more than twenty percent (20%) of the total area for such sign utilized for business identification. Monument Sign- A freestanding sign which is architecturally designed and located directly at grade where the base width dimension is 75% or more of the greatest width of the sign. Monument signs are not supported by exposed posts or poles. A freestanding sign in which the entire base is of a permanent material in contact with the ground. Mullion - A vertical strip separating windowpanes. Multiple-Faced Sign - A sign containing three (3) or more faces. Mural - A picture rather than words, numbers or symbols, applied to a wall. Monument Sign 6- DRAFT - June 18, 2015 Natural Grade - The grade of a site before it is modified by moving earth, adding or removing fill, or installing a berm, retaining wall or other earthwork feature. Nit - A photometric unit of measurement referring to luminance. One nit is equal to 1 cd/m2. Non-Conforming Sign - A sign that was legally installed by permit in conformance with all municipal sign regulations and ordinances in effect at the time of its installation, but which may no longer comply with subsequently enacted laws and ordinances having jurisdiction relative to the sign. Non-Commercial Sign – any sign which is not a commercial sign which expresses an opinion and which is deemed by the courts to have greater protection under the first amendment than a commercial sign. Obsolete Sign – On-premise sign that no longer advertises or identifies a use conducted on the property on which the sign is erected. Off Off-Premise Signs - A sign advertising products, goods, services, or places of business or services offered at a location other than the lot upon which the sign is maintained. On-Premise Sign - A sign used for the purpose of displaying messages pertinent to the use of, products sold on, or the sale or lease of, the property on which it is displayed. Parapet - The extension of a building facade above the line of the top of the structural roof assembly. Pennant - See Banner. Permanent Sign - Any sign that is not temporary. Banners and pennants shall not be considered permanent signs. Pole Sign - See Freestanding Sign. Political Sign - A temporary sign intended to influence voting at a primary, general or other election. 7- DRAFT - June 18, 2015 Portable Sign – A sign whose principal supporting structure is intended, by design and construction, to be used by resting upon the ground for support and may be easily moved or relocated for reuse. Portable signs shall include but are not limited to signs mounted upon a trailer, bench, wheeled carrier, or other non-motorized mobile structure with or without wheels. See Temporary Sign. Primary Building Face - The wall of a building façade fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases, or decorations. There is only one primary building face per tenant. Projecting Sign - A sign attached to a building or extending in whole or part more than eighteen (18)18 inches and less than six 6 feet beyond the surface of the building to which the sign is attached. Pylon Sign – A freestanding sign supported by 2 posts so that the sign and supports are finished to grade by encasing the posts in a material consistent with the sign and where the cumulative width dimension of the supporting posts is not less than 60% of the total width of the sign face. Reader Board Sign - A sign intended to display a message through the use of manually or electronically changed letters, which is permanently attached to a freestanding sign or affixed to a wall of the principal building. Real Estate Sign - A temporary sign advertising the open house, sale, lease, or rental of the property or premises upon which it is located. Religious Symbols - Pictures, designs, sculptures or similar objects that represent or suggest religious faith, ideas, or qualities. Rotating Sign - Any sign that revolves. Roof Line - The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet. Roof Sign - A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades and architectural projections such as canopies or marquees shall not be considered to be roof signs. Sandwich Board or A-Frame – A double-faced sign ordinarily in the shape of the letter “A,” or some variation thereof, that is displayed on the ground, not permanently attached, and usually two- sided and not more than 6 square feet. Pylon Sign 8- DRAFT - June 18, 2015 Scroll – A mode of message transition on an Electronic Message Sign in which the message appears to move vertically across the display surface. Security Sign - A sign identifying the presence of a security system. Sign - Any device visible from a public right-of-way that displays either commercial or non- commercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Sign Area - The area of the board(s) or module(s) containing the sign message, but not including the supporting structure. The area to be calculated is the area within the smallest rectilinear perimeter that contains the entire signboard or module. The area of a sphere shall be computed as the area of a circle. Sign Face - The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. SI (International System of Units) – The modern metric system of measurement; abbreviated SI for the French term “Le Systeme International d’Unites.” Temporary Sign - A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs. Temporary Help Wanted Sign - A sign displayed for the purpose of hiring persons to work on the property. Tenant Space - For the purpose of this Section, a tenant space is considered to be a business area that has its own exclusive interior or exterior entrance within a multiple-occupancy development. V Sign - Signs containing two faces of approximately equal size, erected upon common or separate structures, positioned in a "V" shape with an interior angle between faces of not more than ninety degrees (90) with the distance between the sign faces not exceeding five feet at their closest point. V-signs shall be considered to be two signs for the purposes of computing sign area. Wall or Fascia Sign - A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen (18 ) iinches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such Sign Area 9- DRAFT - June 18, 2015 signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. Window Sign - A sign attached to, placed upon, or painted on a window or door of a building, or located within one (1) 1-foot of the interior of a window, that is intended for viewing from the exterior of such building. Zoning Ordinance -City of Corcoran or related or succeeding ordinances. 10- DRAFT - June 18, 2015 84.03 SIGN MEASUREMENT AND INTERPRETATION. Signs shall be measured according to the following standards: Sign Copy. The physical sign message including any words, letters, numbers, pictures, and symbols. Sign Area. The area of the board(s) or module(s) containing the sign message, but not including the supporting structure. The area to be calculated is the area within the smallest rectilinear perimeter that contains the entire signboard or module. The area of a sphere shall be computed as the area of a circle. Sign Face. The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. Sign Height. Sign height shall be calculated as the vertical distance from the natural grade measured at a point either at the back of the curb level or 10 feet away from the front center of the sign, whichever is closer, to the upper- most point used in measuring the area of a sign. 11- DRAFT - June 18, 2015 PERMITS. 1. Application: unless exempted (section 84.04), all persons seeking to place a sign within the city limits of the city of corcoran and as regulated by the terms of this section shall obtain a permit. The applicant shall first file an application in writing on a form furnished for that purpose by the code enforcement official for the city of corcoran. Every such application shall: a) IDENTIFY AND DESCRIBE THE WORK COMPLETELY, INCLUDING SIZE, HEIGHT, LOCATION, MATERIALS, TRUE COLORS AND LIGHTING TO BE USED. ALL APPLICATIONS must include color samples for review. Color rendition and intensity of lighting shall be indicated. b) Describe the land on which the proposed sign is to be placed by lot, block, tract, house and street address or similar description that will readily identify and definitely locate the proposed sign. c) Be accompanied by a photograph of the site. d) Be accompanied by a site plan with dimensions and specifications sufficient to determine consistency with this and other applicable laws and ordinances. e) Be signed by the applicant or authorized agent. f) Provide such other information as may reasonably be required by the code enforcement official. g) Be accompanied by a fee, if applicable, as established by the city council. h) Where signs may be integral with architecture, additional design requirements may be addressed in related ordinances. 2. Sign permits: the application shall be reviewed by the code enforcement official and other departments of the city including the building official to check compliance with the laws and ordinances under their jurisdiction. Signs identified under section 84.11, subd. 3 (g-h) require design review by the planning commission prior to approval by the code enforcement official. 3. Expiration of permit: every permit issued by the code enforcement official under the provisions of this ordinance shall become null and void if the sign or work authorized by such permit is not completed within 120 days from the date the permit is issued. The code enforcement official shall have the sole discretion to grant extensions for good cause shown. 12- DRAFT - June 18, 2015 4. Right to appeal: A) any applicant who files an application for a permit and is denied shall have the right to an appeal before the city council, within ten (10) days of receiving notice of the denial of the application. 5. Sign removal: A) any signs constructed in the city without a permit shall be removed by and at the expense of the owner(s) of the sign. If the owner does not remove such sign(s) within ten (10) working days of receiving notice of non-compliance for failure to obtain a permit, the code enforcement official may order the immediate removal of all such sign(s). Formula for Calculating Sign Size. The formula for calculating the allowable aggregate total size of all business signs on a parcel is to multiply the frontage of the parcel upon which the business is located by the number indicated in the tables that provide the standards for signage in each zoning district. Fifty square feet of sign area is allowable for parcels with less than 40 feet of frontage. The maximum sign area is dependent upon the district in which the property is located. Frontage is the dimension in feet of the parcel upon the street of business mailing address. No alley or side street dimensions are permitted in the calculation of sign size, although signs may be placed on the side of buildings. 84.04 GENERAL PROVISIONS. 1. Conformance to Codes. All signs shall conform to the provisions of this ordinance and the provisions of the Building Code and of any other applicable ordinance or regulations within the City of Corcoran. 2. Location a) Setbacks. All signs shall be set back 10 feet from the property lines. b) Projections Over Public Ways. Except as provided for elsewhere in this ordinance, private signs may not encroach or overhang the public right-of-way and no sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way except: 1) Signs advertising a community event may be permitted in the public rights- of-way, subject to approval by the Code Compliance Official as to the size, location and method of erection. The Code Compliance Official may not approve any special event signage that would impair the safety and convenience of use of public rights-of-way, or obstruct traffic visibility. b) Obstructions. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit-ways, window or door openings used as a means of egress, or to prevent free passage from one part of a roof to another part thereof or access thereto. In addition, no sign shall be attached in any form, shape or manner that will interfere with any opening required for ventilation. No sign shall obstruct any 13- DRAFT - June 18, 2015 drainage ways. No sign shall be placed so as to interfere with access of Fire Department personnel on the property. c) Traffic Visibility. No sign or sign structure shall be erected in a site visibility triangle, as defined by Section 1060.090, Subd. 2, in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape, or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal, or device. Signs over County or State Highways are not permitted. d) Signs may not be erected, painted or drawn upon sidewalks, rocks, trees or natural features. 3. Maintenance, Repair and Removal. a) It shall be the duty of the owner of any sign to maintain the sign in good repair. The City may order special repair to be made in order that the appearance and safety of the sign may be maintained. b) No matter shall be permitted to hang loose from any sign. It shall be the duty of every person maintaining a sign to keep and preserve the lot or parcel of land on which such sign is erected at all times clean, inoffensive, and free and clear of any garbage, refuse weeds, rubbish, paper or other offensive material of any kind and description, which may be deposited or gathered thereon and to keep the same removed at all times for a space equal to 20 feet from any portion of such sign. 4. Obsolete Sign Copy. An abandoned sign or a sign that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the Code Compliance Official; and upon failure to comply with such notice, the Code Compliance Official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure, or ground on which the sign is located. If the owner of the sign does not remit payment for such removal within 60 days after removal of signs, the City may take whatever actions are allowed by law to collect such amount, including imposing a lien on the property upon which the sign is located. 5. Resemblance to Government Signs. No sign erected by a non-governmental person may imitate any sign erected by a government agency, or display such words as "stop" or "danger" except that such signs may be used in shopping centers or other traffic areas where first approved by the City Engineer. 6. Public Nuisance. Any sign which is obscene, as defined by MN Statute 617.241, Subd. 1(a) shall be considered a nuisance and is prohibited. Any sign which emits an audible sound, odor, or visible matter shall be considered a public nuisance and is prohibited. 7. Dynamic Displays. Dynamic displays as permitted by section 84.05 (Sign Standards) are subject to the following conditions: 14- DRAFT - June 18, 2015 a. Only one dynamic display sign shall be allowed per lot. b. Dynamic displays are allowed only on freestanding signs. Dynamic displays may occupy no more than 40% of the actual sign area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous electronic message sign area is allowed on a sign face. c. A dynamic display sign may not change or move more often than once every 12 seconds except one for which changes are necessary to correct hour and minute, date, or temperature information. d. The images and messages displayed and transitioned must be instantaneous or fading. Modes of display which cause the message to flash or blink are prohibited. e. Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. 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. f. Electronic message signs must comply with the lighting and brightness standards contained in this section. 8. Lighting and Brightness Standards. In addition to the lighting standards set forth in Section 1060.040 of the Zoning Code, all sign lighting, including LED accent lighting, shall comply with the following standards: a) Except where otherwise stated in this ordinance, signs may be illuminated by artificial light sources on timers and shall be equipped with dimmers. b) No sign may be brighter than is necessary for clear and adequate visibility. c) No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. d) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. e) Signs using an LED (light emitting diode) light source shall not exceed a luminance level of 500 candela per square meter (nits) between sunset and sunrise, and shall not exceed a luminance level of 5,000 candela per square meter between sunrise and sunset. 15- DRAFT - June 18, 2015 f) Signs using fluorescent, neon, or incandescent light sources shall not exceed 12 watts per square foot of sign surface area. g) All signs with illumination shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions (e.g., dusk) to ensure that the sign's intensity does not exceed 0.3 foot-candle above ambient light levels as measured from 100 feet from the sign's face. h) No illumination involving movement by reason of the lighting arrangement, lighting source, changes in either color or intensity of lighting or other devices shall be permitted. 9. Design standards. In addition to the standards set forth in Section 84.05 (Sign Standards), all signs shall comply with the following design standards: a) All proposed signs on a site shall be part of a common design scheme and shall maintain consistency through the use of lighting design, color schemes, materials, shape, proportion, and type faces. b) The design of all signs on site shall use building materials, colors, and, where applicable, architectural design features consistent with the materials, colors, and architectural design features of the principal building on the site. c) All exposed pole or post structures must be wrapped or faced with stucco, architectural metal, brick or stone consistent with the building architecture. d) The area around freestanding signs shall be landscaped with plantings and maintained in such a manner to accent and enhance the sign. 84.05 SIGN STANDARDS. 1. Sign Standards. In addition to Section 84.04 (General Provisions), signs shall comply with the standards for permitted sign types in each district as shown in Table 2 and Table 3. 2. Planned Unit Developments. All developments must comply with standards for the underlying zoning district. PUD sign plans may be requested as part of the Preliminary PUD development plan. 4. Additional standards for specific types of signs. a) Menu Boards. Drive-thru restaurants may be permitted 2 menu boards, not to exceed 36-square feet per board. No more than 20% of the total area of the sign may be utilized for business identification. Menu boards may be internally illuminated. 16- DRAFT - June 18, 2015 b) Gas station. In addition to dynamic displays as permitted by 84.05 (Sign Standards), gas station uses in any district are permitted to display fuel prices by an electronic message component on one wall sign or freestanding sign, and are subject to the standards of 84.08 (General Provisions), 84.05 (Sign Standards), and Minnesota State Statutes §239.751 and, §325D.71, as may be amended. f) Wall Signs. i) Wall signs are limited to 1 sign at the primary entrance of each tenant space, not to exceed 10% of the primary building face of the related tenant space. ii) Lettering on canopy and awning signs is restricted to the side panels or front drop. iii) Internally lit wall signs are limited to logo signs and individually-mounted channel lit lettering. iv) Wall signs must be located on the same wall as the primary building entrance. v) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. Lettering on canopy and awning signs. 17- DRAFT - June 18, 2015 Table 2 – Freestanding Signs Monument Sign Pylon Sign Qty Sign Copy Area Height ** Illumination Additional Standards Residential Districts Non-residential uses 1 32 6 -External -Internal -Reverse channel letter -Dynamic Display Residential subdivision (more than 6 lots) and medium and high density apartments 2 32 6 -External -Internal -Reverse channel letter Must be located at primary entrance of subdivision. One additional sign not to exceed 16-square feet shall be allowed at each secondary entrance. CR Non-residential uses 1 64 16 -External -Internal -Channel letter -Dynamic display C / GMU Non-residential uses 1 64 16 -External -Internal -Channel letter -Dynamic display BP / I 1 64 16 -External -Internal -Channel letter P-I 1 64 16 -External -Internal -Channel letter DMU Freestanding signs are not permitted in the DMU district. **The top of a sign, including its support shall be no higher than the roof of the principal building. 18- DRAFT - June 18, 2015 Table 3 - Signs Attached to Buildings Awning / Canopy Sign Wall Sign Projecting Sign Sign Copy Area Illumination Additional Standards DMU District Non-residential uses 10% of the primary building face -External -Internal -Channel letter 1 projecting sign allowed in addition to one allowed wall or canopy sign. CR Non-residential uses 10% of the primary building face -External -Internal -Reverse Channel letter C / GMU Non-residential uses 10% of the primary building face -External -Internal -Channel letter 1 service entrance sign (4 SF max) allowed in addition to allowed sign attached to building. BP / I 10% of the primary building face -External -Internal -Channel letter P-I 50 SF or 5% of the wall area, whichever is greater -External -Internal -Channel letter 19- DRAFT - June 18, 2015 84.06 TEMPORARY SIGNS. Temporary use of portable or movable signs shall be allowed in excess of and in addition to the sign limitations of this ordinance. 1. General Provisions. All temporary signs shall comply with the following standards: a) Temporary signs shall comply with Section 84.04 (General Provisions) b) Such signs shall be limited to a maximum of 32 square feet in area. c) A permit shall be obtained from the Code Compliance Official for each location and time period for placement of such signs. d) Temporary signs shall advertise an activity on the property on which they are located, except that temporary off-site signs may be allowed as identified in 84.07 (Exempt Signs). e) All pennants, streamers, banners, and other forms of temporary signs must be maintained and not be frayed, torn, or tattered. f) Manually activated changeable message boards are permitted on temporary freestanding signs. g) Sandwich board and A-frame signs must be placed on the property where the business is located and within 10 feet of the primary entrance of the business or on the right-of-way in front of property. A-frame signs must provide an unobstructed sidewalk width of at least 5 feet for pedestrian passage and must not interfere with pedestrian traffic or violate standards of accessibility as required by the ADA or other accessibility codes. h) Temporary signs may be located on a property for continuous periods not to exceed 30 days. No more than 1 such sign will be allowed per parcel. i) No property shall be allowed more than 4 such periods in any 12 month period. 84.07 EXEMPT SIGNS. The following signs shall be exempt from the provisions of this ordinance, except they must meet thestandards of General Provisions (Section 84.0708): 8.1. Street address signs, and combination nameplate and street address signs which contain non- advertising copycommercial messages and which do not exceed six (6) square feet in area.1. Official notices authorized by a court, public body or public safety official. 20- DRAFT - June 18, 2015 2. Detached freestanding signs smaller than 4 square feet in area and less than 4 feet in height, and containing no commercial message (e.g. “Enter” or Exit” signs). Signs may be illuminated according to the standards of Section 84.04 (General Provisions). 3. Interior window signs in commercial and industrial districts, subject to the following limitationsstandards: a) The aggregate area of all such signs shall not exceed twenty-five percent (25%) of the window area on which such signs are displayed. Window panes separated by mullions shall be considered as one 1 continuous window area. b) Window signs shall not be counted against the sign area permitted for other sign types. 34. Permanent governmental signs for control of traffic and other regulatory/notification purposes and street signs.Directional, warning or information signs authorized by federal, state or municipal governments, provided they do not exceed 48 square feet . 4. Pedestrian, vehicular traffic, and parking directional signs in parking lots or on buildings, provided such signs are no more than eight (8) square feet in area and six (6) feet in height. For a parcel, a maximum of one (1) such sign shall be allowed at each access/egress point of a development. No advertising message of any kind is allowed on these signs. 55. Cornerstones, foundation stones, and Mmemorial signs on buildings.or tablets displaying the names of buildings and date of erection, when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other incombustible material, provided that no such sign shall exceed 6 square feet in area. 66. Noncommercial flags or any other flags displayed from flagpoles will not be considered to be signs. Flags & individual pennants (not on a string) are exempt signs.All United States flags are exempt. No one flag may exceed 32 square feet in size. Flagpole height must comply with height regulations. Up to six (6) flags may be displayed on a commercial lot. Additional flags shall be permitted for public holidays. 7. Seasonal decorations within the right-of-way during the appropriate public holiday season in commercial areas which do not obstruct the line-of-sight. 21- DRAFT - June 18, 2015 8. Street address signs, and combination nameplate and street address signs which contain no advertising copy and which do not exceed six (6) square feet in area. Temporary signs for garage and similar sales or events, not more than 8 square feet and in place no longer than 4 days. These may not be placed on public rights-of-way or attached to trees or utility poles. 9. Temporary signs for seasonal retail sales allowed as part of a conditional home occupation license, not more than 8 square feet and in place no longer than 4 days. Not more than 8 times per year. Signs denoting the architect, engineer, or contractor working upon a work site and real estate signs pertaining to the sale, development or rental of the property. Such signs shall be removed within ten (10) days after completion of construction or the sale, lease or development of ninety (90) percent of the property. No more than three (3) such signs will be allowed at one time. The total area of all such signs on a property shall not exceed the following size limitations: PROJECT AREA RESIDENTIAL/PUBLIC- INSTITUTIONAL COMMERCIAL/INDUSTRIAL Under 2.5 acres 8 sq. ft. 32 sq. ft. 2.5 to 10 acres 64 sq. ft. 64 sq. ft. 10.1 to 25 acres 150 sq. ft. 150 sq. ft. 25.1 plus acres 300 sq. ft. 300 sq. ft. 7. Noncommercial cultural decorations, displays of a noncommercial nature, or holiday signs mounted on private residential property, which pertain to cultural observances. 10. Campaign signs of any size may be posted from August 1 in a state general election year until ten (10) days following the state general election. Sale signs for seasonal roadside agricultural vendors. 8. Signs temporarily displayed to advertise community eventsTemporary signs as described in Table 1 shall be permitted in all zoning districts shall be permitted for non-residential uses in a residential district, and in all commercial and industrial districts subject to the following limitations. Temporary changeable signs shall be required to comply with the standards of Section 84.06 (Temporary Signs). : Table 1 - Temporary Signs exempt from permits Sign type Duration permitted Maximum Size (limited to 1 sign per street front) Community or public events 30 days 25 square feet 22- DRAFT - June 18, 2015 Campaign Signs Allowed per Minnesota §211B.045, as may be amended. Allowed per Minnesota §211B.045, as may be amended. Sale signs for seasonal roadside agricultural vendors Shall only be erected for period of roadside sales. 16 square feet Signs denoting the architect, engineer, or contractor working upon a work site and real estate signs pertaining to the sale, development or rental of the property Removed within ten 10 days after completion of construction or the sale, lease or development of 90% of the property. 12 square feet per lot or 6 square feet per acre of land up to 300 square feet. Garage sale signs and similar sales or events 4 days 8 square feet a) Such signs shall be limited to one sign per street front. b) Such signs may be displayed for not more than 30 days. The signs shall be erected no more than thirty (30) days prior to the community event, and shall be removed not more than two (2) days after the event or grand opening. The total area of all such signs shall not exceed 32 square feet. 11. Government signs in all districts. 12. Signs that are not visible beyond the boundaries of the lot or parcel upon which they are located. 13. Holiday Signs. Security Signs. 14. Public Event Signs 15. Religious Symbols and directional signs to religious facilities. 16. Temporary Help Wanted Signs - One temporary help wanted sign per lot for the purpose of hiring persons to work on the property shall be permitted on the property, provided such sign does not exceed 32 square feet and is removed within 14 days. 17. Temporary banner signs located on the fences at public ballfields. 23- DRAFT - June 18, 2015 84.08 PROHIBITED SIGNS. The following devices and locations shall be specifically prohibited: l. No person with a home occupation as defined in Section 1030.100 of the Zoning Ordinance shall be permitted to erect a sign advertising the home occupation, except as otherwise permitted by the City as part of a conditional home occupation license. In cases where signs are permitted as part of a conditional home occupation license, signs shall conform to the standards for residential uses in Table 2. 2. Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic. 3. Except as provided for elsewhere in this ordinance, private signs encroaching upon or overhanging public right-of-way. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way. 42. Signs that blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings visible from the roadway. 3. Electronic outdoor advertising devices or dynamic displays including animated signs, electronic or manual changeable message signs, flashing signs or displays, moving signs, scrolling displays, and traveling displays, except as permitted in 84.05 (Sign Standards) and Section 84.06 (Temporary Signs). 54. Portable signs except as allowed for temporary signs. 65. Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions: a) The sign is a portable sign that meets the standards of 84.06 (Temporary Signs). a) b) The primary purpose of such vehicle or trailer is not the display of signs. bc) The signs are magnetic, decals, or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle. cd) The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use 24- DRAFT - June 18, 2015 in the daily function of the business to which such signs relate. 76. Vehicles and trailers used primarily as static displays, advertising a product or service, or utilized as storage, shelter or distribution points for commercial products or services for the general public. 87. Inflatable or flying devices such as, but not limited to, balloons, streamers or pinwheels except those that are permitted temporary signs. 9. Signs erected, painted or drawn upon sidewalks, rocks, trees or natural features. 108. Signs that are structurally unsafe or in disrepair or which create a hazard by their condition, location or lighting. 191. Permanent signs or placards of any size attached or added to any sign beyond that included in the application and permit. 1210. Abandoned signs. 13. Animated signs as defined in this ordinance, except flashing signs primarily giving time, date, temperature, weather conditions, or similar public information. 1411. Rotating signs. 12. Roof signs. 1513. A sign that violates any provision of any law of the State relative to off premises signs. 1614. Temporary signs that advertise a business, product, or service, which is not produced or conducted on the lot upon which the sign is located, except that temporary off-site signs may be allowed as identified in 84.06 (Temporary Signs).4, Subd. 4 (10). 15. Off premise signs are prohibited. Off-premise signs which exist on the effective date of this section shall be considered as nonconforming signs and are subject to standards contained in section 84.09 (Non-conforming Signs) of this Chapter. 84.01: 84.09 NON-CONFORMING SIGNS. 1. Any sign legally existing at the time of the passage of this ordinance that does not conform in use, location, height, or size with the regulations of the zone in which such sign is located shall be considered a legal non-conforming use or structure and may 25- DRAFT - June 18, 2015 continue in such status until such time as it is either abandoned or removed by its owner, subject to Minnesota §462.357, as may be amended.the following limitations: a) On-premises signs are to be brought into conformance when reconstructed after being destroyed by any means to an extent of more than 50% of value, or when replaced or relocated. 2.b) For on-premises signs, structural alterations, maintenance and improvements are permissible only where such alterations, maintenance and improvements will not increase the degree of nonconformity of the signs. NON-CONFORMING SIGNS. 1. Any sign legally existing at the time of the passage of this ordinance that does not conform in use, location, height, or size with the regulations of the zone in which such sign is located shall be considered a legal non-conforming use or structure and may continue in such status until such time as it is either abandoned or removed by its owner, subject to the following limitations: a) On-premises signs are to be brought into conformance when reconstructed after being destroyed by any means to an extent of more than 50% of value, or when replaced or relocated. b) For on-premises signs, structural alterations, maintenance and improvements are permissible only where such alterations, maintenance and improvements will not increase the degree of nonconformity of the signs. GENERAL PROVISIONS. 1. Conformance to Codes. All signs shall conform to the provisions of this ordinance and the provisions of the Building Code and of any other applicable ordinance or regulations within the City of Corcoran. 2. Projections Over Public Ways. Signs advertising a special community event (those specifically sanctioned by the City Council) may be permitted in or over public rights-of-way, subject to approval by the Building Official as to the size, location and method of erection. The Building Official may not approve any special event signage that would impair the safety and convenience of use of public rights- of-way, or obstruct traffic visibility. 3. Traffic Visibility. No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape, or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal, or device. Signs over County or State Highways are not permitted. 26- DRAFT - June 18, 2015 4. 2. Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic. 3. Except as provided for elsewhere in this ordinance, private signs encroaching upon or overhanging public right-of-way. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way. Formula for Calculating Sign Size. The formula for calculating the allowable aggregate total size of all business signs on a parcel is to multiply the frontage of the parcel upon which the business is located by the number indicated in the tables that provide the standards for signage in each zoning district. Fifty square feet of sign area is allowable for parcels with less than 40 feet of frontage. The maximum sign area is dependent upon the district in which the property is located. Frontage is the dimension in feet of the parcel upon the street of business mailing address. No alley or side street dimensions are permitted in the calculation of sign size, although signs may be placed on the side of buildings. 5. Maintenance, Repair and Removal. a) It shall be the duty of the owner of any sign to maintain the sign in good repair. The City may order special repair to be made in order that the appearance and safety of the sign may be maintained. b) No matter shall be permitted to hang loose from any sign. It shall be the duty of every person maintaining a sign to keep and preserve the lot or parcel of land on which such sign is erected at all times clean, inoffensive, and free and clear of any garbage, refuse weeds, rubbish, paper or other offensive material of any kind and description, which may be deposited or gathered thereon and to keep the same removed at all times for a space equal to 20 feet from any portion of such sign. 27- DRAFT - June 18, 2015 6. Obsolete Sign Copy. In addition to the limitations on an Abandoned Sign, an On-Premise sign that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within thirty (30) days after written notification from the Code Enforcement Official; and upon failure to comply with such notice, the Code Enforcement Official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure, or ground on which the sign is located. If the owner of the sign does not remit payment for such removal within (60) days after removal of signs, the City may take whatever actions are allowed by law to collect such amount, including imposing a lien on the property upon which the sign is located. 7. Obstructions. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit-ways, window or door openings used as a means of egress, or to prevent free passage from one part of a roof to another part thereof or access thereto. In addition, no sign shall be attached in any form, shape or manner that will interfere with any opening required for ventilation. No sign shall obstruct any drainage ways. No sign shall be placed so as to interfere with access of Fire Department personnel on the property. 8. Designation of Ownership. Every freestanding sign shall be plainly marked with the name and address of the owner of such sign and the permit number. 9. Lighting. Except where otherwise stated in this ordinance, signs may be illuminated by artificial light sources on timers. Only business signs on the premises may be lighted. Signs cannot be lighted when a business is closed. Signs shall not be erected or maintained which are not effectively shielded so as to prevent: a) beams or rays of light from being directed at any portion of the traveled way of any street or highway, or; b) beams of such intensity or brilliance as to cause glare, or impair the vision of the operator of any motor vehicle, or be confused with vehicle lights; c) beams or rays of light that cause negative impacts on adjacent properties. 10. Sign Setbacks. All signs shall be set back 10 feet from the lot lines. 11. Development Complex Signage. The following standards apply to signs for development complexes: 1) For properties with three or more tenants: 28- DRAFT - June 18, 2015 a) Development complexes may display one development complex sign. This sign shall not exceed 125 square feet in area for a freestanding sign or 15% of the building facade (125 square foot maximum) upon which it is displayed for wall signage. Individual freestanding signs identifying the tenants' business shall not be displayed. 29- DRAFT - June 18, 2015 b) Individual tenants of multiple occupancy structures shall not display separate business signs unless the tenants business has an exclusive exterior entrance. The number of signs shall be limited to one wall sign per entrance, and each sign shall be limited to the maximum wall size permitted in the district. The signs shall be located only on exterior walls that are directly related to the use being identified. c) If there is a development complex with three or more tenants that does not have exclusive exterior entrances; a directory sign shall be permitted for each common public entrance. Each directory sign area shall not exceed a total of 24 square feet and shall be located within 25 feet of the common public entrance being served. The size of individual business identification signing within the directory shall be established during the review process. Attention shall be given to the possible number of tenant or occupancy bays that may be served by the common public entrance for which the directory sign is intended. 2) For properties with two tenants, each with an exclusive exterior entrance: a) One wall sign not to exceed 10% of the building facade upon which it located that does not count against the allowable signage for the property. This sign shall be located only on exterior walls that are directly related to the use being identified. 12. Sign Program. A sign program shall be required for all development complexes consisting of three or more tenant spaces in commercial areas. The program shall be filed with the project application and shall be processed concurrently. The purpose of the program shall be to integrate signs with building and landscaping design to form a unified architectural statement. This shall be achieved by: a) Using the same type of cabinet supports or method of mounting for sign and the same type of construction material for components, such as sign copy, cabinets, returns and supports, allowing for uniformity and quality in appearance. b) Using the same form of illumination of the signs. c) For wall signs, specifying uniform sign positioning for both anchor tenants and minor tenants. 13. Gas Station/Convenience Stores. In addition to the total sign area already permitted, gasoline service stations/convenience stores are allowed the following signage: a) Lettering and/or logos on pump island canopies - Regardless of the number of pump island canopies on the site, no more than three canopy faces may be signed. The maximum sign surface area of the lettering and/or logos shall not exceed 25 percent of each canopy face. These signs shall not protrude above or below the canopy. b) A maximum of 16 square feet of area to indicate gasoline prices. This area may only include the numerals and references to types of gasoline that are not identified with a specific business. Any area for numerals or types of gasoline over 16 feet is counted against the allowable signage on the site. 30- DRAFT - June 18, 2015 c) One sign indicating a special service area such as a car wash no larger than six square feet in area. This sign may contain no advertising messages. The six square feet may not be used on freestanding signs. 14. Resemblance to Government Signs - No sign erected by a non-governmental person may imitate any sign erected by a government agency, or display such words as "stop" or "danger" except that such signs may be used in shopping centers or other traffic areas where first approved by the City Engineer. 15. Public Nuisance - Any sign which is obscene, as defined by MN Statute 617.241, Subd. 1(a) shall be considered a nuisance and is prohibited. Any sign which emits an audible sound, odor, or visible matter shall be considered a public nuisance and is prohibited. 84.01: REQUIREMENTS FOR SPECIFIC SIGN TYPES 1. TEMPORARY SIGNS. Temporary use of portable or movable signs shall be allowed in excess of and in addition to the sign limitations of this ordinance. 1. General Provisions. a) Such signs shall comply with setback provisions for freestanding signs in each zoning district. b) Such signs shall be limited to thirty-two (32) square feet in area. c) A permit shall be obtained from the Code Enforcement Official for each location and time period for placement of such signs. d) Temporary signs shall advertise an activity on the property on which they are located, except that temporary off-site signs may be allowed as identified in 84.04, Subd. 4 (10). e) All pennants, streamers, banners, and other forms of temporary signs must be maintained and not be frayed, torn, or tattered. f) Temporary signs may not be displayed longer than 60 days per year by any one business. 2. The following provisions shall apply for banners, balloons, flags, or posters: a) Any balloon, banner, flag, pennant, poster, or advertising display may be located on a property for a period not to exceed thirty (30) days. No more than two (2) such signs will be allowed at any one time. 31- DRAFT - June 18, 2015 b) No property shall be allowed more than four (4) such periods in any twelve (12) month period. 3. The following provisions shall apply for freestanding signs, reader boards, and other temporary ground signs: a) Any freestanding sign, or reader board may be located on a property for continuous periods not to exceed thirty (30) days. No more than one (1) such sign will be allowed. b) No property shall be allowed more than four (4) such periods in any twelve (12) month period. SIGN STANDARDS BY DISTRICT. 1. Signs permitted in the residential AND PUBLIC-INSTITUTIONAL zoning districts The following signs are permitted in the residential and public-institutional zoning districts: a) Home occupations shall not have signage, except as otherwise permitted by the City as part of a Conditional Home Occupation License. b) Clubs, lodges, civic and religious organizations, schools, churches, synagogues, or other public or private non-residential uses allowed in residential areas and uses allowed in the Public-Institutional zoning district are permitted to have one sign not to exceed 32 square feet in size and six (6) feet in height. Any illumination of such signs must be external with downward focused lighting on a timer. c) Apartment buildings, housing developments or subdivisions are permitted two signs at the main entrance as designated by the City Planning Commission, with each sign not to exceed 32 square feet and six (6) feet in height. One sign not to exceed 16 square feet shall be allowed at each secondary entrance. If lit, the sign(s) must be externally illuminated with downward focused lighting on a timer. a) Home occupations shall not have signage, except as otherwise permitted by the City as part of a Conditional Home Occupation License. No other signs are allowed in residential districts, except authorized temporary signs or exempt signs. One wall sign, not to exceed 32 square feet, permitted for uses in the Public-Institutional zoning district. 32- DRAFT - June 18, 2015 c) One wall sign, not to exceed 32 square feet, permitted for uses in the Public-Institutional zoning district. 2. 3. SIGNS PERMITTED IN THE COMMERCIAL DISTRICTS The following signs are permitted in the commercial zoning districts. Certain signage proposals within this district may be reviewed by the Planning Commission in order to ensure that the intent of this section is met. Table of permitted signs and sign area: Total Signage Maximum Sign Area Wall, Canopy, or Marquee Maximum Sign Area Freestanding Maximum Sign Area Monument Maximum Sign Height Freestanding Maximum Sign Height Monument 1.25 sq. ft. per lineal foot of frontage (max 125 ft.) 10 % of building facade upon which it is located 10 sq. ft. 25 sq. ft. 10 ft. 6 feet a) Prohibited signs within the Commercial districts: i) internally illuminated signs roof signs extending above the peak of the roof Exterior neon signs b) No more than two wall signs are allowed for any property, except where otherwise allowed in this Section or by approval of the Planning Commission after design review. c) No more than one freestanding sign is allowed for any property, except where otherwise allowed in this Section or by approval of the Planning Commission after design review. d) Projecting signs, including canopy signs, shall not project more than six feet from a building and must not be more than eight (8) square feet in area. e) Lettering on awning signs is restricted to the side panels or the front drop. f) Solid materials that have the appearance of wood or metal and reflect the character of the district. g) Design Review by Planning Commission: Signs within the Commercial land use district must be reviewed by the Planning Commission if any one of the following 33- DRAFT - June 18, 2015 is proposed: i) Three or more wall signs for a single property; ii) Any one-wall sign exceeding more than ten (10) percent of the building facade on which it is located; iii) Rooftop signage; iv) A freestanding sign greater than ten (10) feet in area; v) Murals; vi) Electronic Reader Boards. h) Approval/Denial of Permit: The following procedure shall be used for review of all permits within the Commercial Districts: i) Once the Code Enforcement Official has determined that the permit application is complete and requires design review by the Planning Commission, the Planning Commission must complete its design review and provide its report and recommendation to the Code Enforcement Official within forty- five (45) days. ii) In the event the Planning Commission recommends against the issuance of a Sign Permit, the Planning Commission shall furnish the applicant and the Code Enforcement Official with a copy of recommendations for changes necessary to be made before the Planning Commission will reconsider the application. i) Appeal: Any individual having a legal interest in property affected by the Planning Commission's decision pursuant to this Section, shall have a right to appeal the decision to the City Council for review pursuant to the provisions of Section 84.03, Subd. 4 of this Ordinance. VARIANCES. 34- DRAFT - June 18, 2015 1. The City Council shall have the authority to approve or deny variances from the provisions of the Sign Ordinance. An applicant for variance shall proceed as required under Section 1070.040 (Variances) of the Corcoran Zoning Ordinance. The City Council shall use the same standards for evaluating sign variances as are found in said Section 1070.040 of the Corcoran Zoning Ordinance : OFF-PREMISE SIGNS. 1. Off premise signs are prohibited. 2. Non-conforming off-premise signs constituting the principal use of a land parcel must be removed prior to a zoning or building permit being issued for construction or reconstruction of a residential, commercial or industrial building, activity or facility on the same land parcel. 35- DRAFT - June 18, 2015 3. The following limitations will be applied to existing non-conforming off premises signs: a) Off premise advertising signs not lighted in conformance with this Section must be removed or the means of lighting brought into conformance within two (2) years of enactment of this ordinance. b) No other enhancement, enlargement, reconstruction or relocation of non- conforming off-premises signs is allowed, except to bring a sign into conformance with this ordinance. TEMPORARY SIGNS. Temporary use of portable or movable signs shall be allowed in excess of and in addition to the sign limitations of this ordinance. 1. General Provisions. a) Such signs shall comply with setback provisions for freestanding signs in each zoning district. b) Such signs shall be limited to thirty-two (32) square feet in area. c) A permit shall be obtained from the Code Enforcement Official for each location and time period for placement of such signs. d) Temporary signs shall advertise an activity on the property on which they are located, except that temporary off-site signs may be allowed as identified in 84.04, Subd. 4 (10). e) All pennants, streamers, banners, and other forms of temporary signs must be maintained and not be frayed, torn, or tattered. f) Temporary signs may not be displayed longer than 60 days per year by any one business. 2. The following provisions shall apply for banners, balloons, flags, or posters: a) Any balloon, banner, flag, pennant, poster, or advertising display may be located on a property for a period not to exceed thirty (30) days. No more than two (2) such signs will be allowed at any one time. b) No property shall be allowed more than four (4) such periods in any twelve (12) month period. DRAFT – July 7, 2015 1 3. The following provisions shall apply for freestanding signs, reader boards, and other temporary ground signs: a) Any freestanding sign, or reader board may be located on a property for continuous periods not to exceed thirty (30) days. No more than one (1) such sign will be allowed. b) No property shall be allowed more than four (4) such periods in any twelve (12) month period. SIGN STANDARDS BY DISTRICT. 1. SIGNS PERMITTED IN THE RESIDENTIAL AND PUBLIC-INSTITUTIONAL ZONING DISTRICTS The following signs are permitted in the residential and public-institutional zoning districts: a) Home occupations shall not have signage, except as otherwise permitted by the City as part of a Conditional Home Occupation License. b) Clubs, lodges, civic and religious organizations, schools, churches, synagogues, or other public or private non-residential uses allowed in residential areas and uses allowed in the Public-Institutional zoning district are permitted to have one sign not to exceed 32 square feet in size and six (6) feet in height. Any illumination of such signs must be external with downward focused lighting on a timer. c) Apartment buildings, housing developments or subdivisions are permitted two signs at the main entrance as designated by the City Planning Commission, with each sign not to exceed 32 square feet and six (6) feet in height. One sign not to exceed 16 square feet shall be allowed at each secondary entrance. If lit, the sign(s) must be externally illuminated with downward focused lighting on a timer. d) No other signs are allowed in residential districts, except authorized temporary signs or exempt signs. e) One wall sign, not to exceed 32 square feet, permitted for uses in the Public-Institutional zoning district. 2. SIGNS PERMITTED IN THE BUSINESS PARK ZONING DISTRICTS The following signs are permitted in the Business Park zoning districts: DRAFT – July 7, 2015 2 a) No more than two wall signs are allowed on a property, except where otherwise permitting in this Section. b) No more than one monument sign is allowed on a property. c) Signs must be externally illuminated with downward focused lighting on a timer. Table of permitted signs and sign area: Total Signage Maximum Sign Area Wall, Canopy, or Marquee Maximum Sign Area Freestanding Sign Area Monument Maximum Sign Height Freestanding Maximum Sign Height Monument 2 sq. ft. per lineal foot of frontage (max 200 ft.) 15% of bldg. facade upon which it is located Not Permitted 75 sq. ft. Not Permitted 8 feet 3. SIGNS PERMITTED IN THE COMMERCIAL DISTRICTS The following signs are permitted in the commercial zoning districts. Certain signage proposals within this district may be reviewed by the Planning Commission in order to ensure that the intent of this section is met. Table of permitted signs and sign area: Total Signage Maximum Sign Area Wall, Canopy, or Marquee Maximum Sign Area Freestanding Maximum Sign Area Monument Maximum Sign Height Freestanding Maximum Sign Height Monument 1.25 sq. ft. per lineal foot of frontage (max 125 ft.) 10 % of building facade upon which it is located 10 sq. ft. 25 sq. ft. 10 ft. 6 feet a) Prohibited signs within the Commercial districts: i) internally illuminated signs ii) roof signs extending above the peak of the roof iii) Exterior neon signs b) No more than two wall signs are allowed for any property, except where otherwise allowed in this Section or by approval of the Planning Commission after design DRAFT – July 7, 2015 3 review. c) No more than one freestanding sign is allowed for any property, except where otherwise allowed in this Section or by approval of the Planning Commission after design review. d) Projecting signs, including canopy signs, shall not project more than six feet from a building and must not be more than eight (8) square feet in area. e) Lettering on awning signs is restricted to the side panels or the front drop. f) Solid materials that have the appearance of wood or metal and reflect the character of the district. g) Design Review by Planning Commission: Signs within the Commercial land use district must be reviewed by the Planning Commission if any one of the following is proposed: i) Three or more wall signs for a single property; ii) Any one-wall sign exceeding more than ten (10) percent of the building facade on which it is located; iii) Rooftop signage; iv) A freestanding sign greater than ten (10) feet in area; v) Murals; vi) Electronic Reader Boards. h) Approval/Denial of Permit: The following procedure shall be used for review of all permits within the Commercial Districts: i) Once the Code Enforcement Official has determined that the permit application is complete and requires design review by the Planning Commission, the Planning Commission must complete its design review and provide its report and recommendation to the Code Enforcement Official within forty- five (45) days. ii) In the event the Planning Commission recommends against the issuance of a Sign Permit, the Planning Commission shall furnish the applicant and the Code Enforcement Official with a copy of recommendations for changes necessary to be made before the Planning Commission will reconsider the application. DRAFT – July 7, 2015 4 i) Appeal: Any individual having a legal interest in property affected by the Planning Commission's decision pursuant to this Section, shall have a right to appeal the decision to the City Council for review pursuant to the provisions of Section 84.03, Subd. 4 of this Ordinance. 4. SIGNS PERMITTED IN THE PUD DISTRICT. The following signs are permitted in the PUD district. Certain signage proposals within this district may be reviewed by the Planning Commission in order to ensure that the intent of this section is met. Table of permitted signs and sign area: Total Signage Maximum Sign Area Wall, Canopy, or Marquee Maximum Sign Area Freestanding Maximum Sign Area Monument Maximum Sign Height Freestanding Maximum Sign Height Monument 1.25 sq. ft. per lineal foot of frontage (max 125 ft.) 10 % of building facade upon which it is located 10 sq. ft. 25 sq. ft. 10 ft. 6 feet DRAFT – July 7, 2015 5 a) Prohibited signs within the PUD district: i) internally illuminated signs iv) roof signs extending above the peak of the roof v) Exterior neon signs b) No more than two wall signs are allowed for any property, except where otherwise allowed in this Section or by approval of the Planning Commission after design review. c) No more than one freestanding sign is allowed for any property, except where otherwise allowed in this Section or by approval of the Planning Commission after design review. d) Projecting signs, including canopy signs, shall not project more than six feet from a building and must not be more than eight (8) square feet in area. e) Lettering on awning signs is restricted to the side panels or the front drop. f) Solid materials that have the appearance of wood or metal and reflect the character of the district. g) Design Review by Planning Commission: Signs within the PUD district must be reviewed by the Planning Commission if any one of the following is proposed i) Three or more wall signs for a single property; ii) Any one-wall sign exceeding more than ten (10) percent of the building facade on which it is located; iii) Rooftop signage; iv) A freestanding sign greater than ten (10) feet in area; v) Murals; vi) Electronic Reader Boards. h) Approval/Denial of Permit: The following procedure shall be used for review of all permits within the PUD District: i) Once the Code Enforcement Official has determined that the permit application is complete and requires design review by the Planning Commission, the Planning Commission must complete its design review and provide its report and recommendation to the Code Enforcement Official within forty- five (45) days. DRAFT – July 7, 2015 6 ii) In the event the Planning Commission recommends against the issuance of a Sign Permit, the Planning Commission shall furnish the applicant and the Code Enforcement Official with a copy of recommendations for changes necessary to be made before the Planning Commission will reconsider the application. i) Appeal: Any individual having a legal interest in property affected by the Planning Commission's decision pursuant to this Section, shall have a right to appeal the decision to the City Council for review pursuant to the provisions of Section 84.03, Subd. 4of this Ordinance. 84.10 PERMITS. 1. Application. Unless exempted (Section 84.07), all persons seeking to place a sign within the City limits of the City of Corcoran and as regulated by the terms of this Section shall obtain a permit. The applicant shall first file an application in writing on a form furnished for that purpose by the Code Compliance Official for the City of Corcoran. Every such application shall: a) Identify and describe the work completely, including size, height, location, materials, true colors and lighting to be used. All applications must include color samples for review. Color rendition and intensity of lighting shall be indicated. b) Properties with multiple tenants, occupants or buildings entitled to signs must demonstrate an allocation of the allowed signage among eligible tenants and users. c) Be accompanied by a site plan with dimensions and specifications sufficient to determine consistency with this and other applicable laws and ordinances. d) Complete application form. e) Be accompanied by a fee, if applicable, as established by the City Council. f) Provide such other information as may reasonably be required by the Code Compliance Official. 2. Sign Permits. The application shall be reviewed by the Code Compliance Official and other departments of the City including the Building Official to check compliance with the laws and ordinances under their jurisdiction. The Code Compliance Official may require a building permit or electrical permit before construction commences. 3. Expiration of Permit. Every permit issued by the Code Compliance Official under the provisions of this ordinance shall become null and void if the sign or work authorized by such permit is not completed within 120 days from the date the permit is issued. The Code Compliance Official shall have the sole discretion to grant extensions for good cause shown. DRAFT – July 7, 2015 7 4. Right to appeal. Any applicant who files an application for a permit and is denied shall have the right to an appeal before the City Council, within 10 days of receiving notice of the denial of the application. 5. Sign Removal. Any signs constructed in the City without a permit shall be removed by and at the expense of the owner(s) of the sign. If the owner does not remove such sign(s) within 10 working days of receiving notice of non-compliance for failure to obtain a permit, the Code Compliance Official may order the immediate removal of all such sign(s). 84.01: 84.11 VARIANCES. 1. The City Council shall have the authority to approve or deny variances from the provisions of the Sign Ordinance. An applicant for variance shall proceed as required under Section 1070.040 (Variances) of the Corcoran Zoning Ordinance. The City Council shall use the same standards for evaluating sign variances as are found in said Section 1070.040 of the Corcoran Zoning Ordinance :. 84.12 REPEAL. All prior ordinances pertaining to the subjects treated in this Ordinance shall be deemed repealed from and after the effective date of this Ordinance, except as they are included and re-ordained in whole or in part in this Ordinance; provided, this repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this Ordinance. 84.13 SEVERABILITY If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of the provisions of this chapter related to signs is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality does not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter. 84.14 NONCOMMERCIAL SIGNS; SUBSTITUTION OF MESSAGES 1. Any sign allowed or that would be allowed without permit, by sign permit, by special use permit, or by variance, may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business, product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as the sign complies with the size, height and other requirements of this chapter. 2. It is the city's policy to regulate signs in a constitutional manner that is content neutral as to noncommercial signs. DRAFT – July 7, 2015 8 84.15 VIOLATIONS, ENFORCEMENT, PENALTY. 1.11. Any sign constructed in the City in violation of this ordinance shall be removed by and at the expense of the owner(s) of the sign. If the owner does not remove the sign(s) within 10 (ten)10 working days of receiving notice of non-compliance, the Code EnforcementCompliance Official may order the immediate removal of all such sign(s). 2.12. In the event that the Code Compliance Official Code Enforcement Official is required to order the removal of any sign(s) in violation of this ordinance, all costs associated with the removal of such sign(s), including reasonable attorney’s fees, shall be the responsibility of the owner of the sign(s). 3.13. Any person, firm or corporation who violates any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction may be sentenced in accordance with Minn. Stat. §609.03, as amended. (Ord. 197, passed 06-24-04, Ord. 213, passed 12-21-04, Ord. 238, passed 11-20-06) DRAFT – July 7, 2015 9 From: Dick Denison [mailto:denisonlor@aol.com] Sent: Tuesday, July 07, 2015 2:40 PM To: bmarten@ci.corcoran.mn.us; Jessica Beise Cc: djacobs@ci.corcoran.mn.us; kguenthner@ci.corcoran.mn.us Subject: ** Sign Ordinance Public Hearing - July 7, 2015 Importance: High Brad, Jessica, Will you please forward this to Chair Dean Jacobs and Mayor Guenthner for inclusion into the Planning Commission meeting this evening? Many thanks. ----- Unfortunately I am not able to attend the Planning Commission meeting this evening. I am hopeful that you will take my written comments with respect to the Sign Ordinance Public Hearing and make them part of the minutes. I am generally in agreement with the revised Sign Ordinance and compliment staff, Ms. Matze and Ms. Lindahl on their research. I have 2 points that relate to the Corcoran Business Park (CBP) and the 'convenience commercial' that is slated for the corner of Hwy 55 and Pioneer Trail. Hopefully they may foster some conversation. 1.Wall Sign and Monument Sign size - the allowed Wall Sign size of 10% of building face with a NTE 125 sq.ft. seems appropriate and somewhat generous in comparison to our neighbors. The conversation point centers around business sign visibility from Hwy. 55 and the public 'backage' road running east from Pioneer Trail to Rolling Hills Road. The convenience commercial tenants have multiple opportunities to sign there businesses with both wall and monument signage. In the backage road instance, a 16' monument sign height when coupled with a wall sign, may be excessive given that is sits adjacent to residential. The same could be stated for the future backage road that will eventually run west from Pioneer Trail to County Road 19. Should there be consideration for modified verbiage? 2.Lighting and Brightness - with the signage facing the residential areas, should consideration be given to requiring that signage 'go dark' or be turned off at a specific hour i.e. at store closing or ½ hr. after store closing? Does the 500 candela/sq.meter illuminance take into consideration the 'bright blue' neon of a Holiday gas station pole sign or a lighted canopy similar to the situation Medina experienced with gas station at Hwy. 55 and Hwy. 101 serval years back? These are some thoughts as we move through new opportunities. Again, I apologize for submitting these in writing versus a personal presentation. Should you have questions or need further explanation, please reach out via my cell phone below. Thank You. Respectfully, Dick Denison 22741 Wagon Wheel Lane cell 612.396.5206 Denison.Dick@gmail.com 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. TO: Corcoran City Council FROM: Mary Matze through Kendra Lindahl, Landform DATE: July 22, 2015 for the July 23, 2015 City Council Meeting RE: City Sign Ordinance Update – Supreme Court Ruling 60-DAY REVIEW DEADLINE: NA 1. Summary At the March work session, the City Council identified a number of priorities for 2015. One of those priorities was an update to the sign ordinance. After working with City staff to identify the most critical updates, City Council authorized re-writing the sign ordinance to address concerns raised by local business owners and development professionals. Staff updated the sign ordinance and presented a draft to the City Council on June 11, 2015 and Planning Commission on July 7, 2015. On June 18, 2015 the Supreme Court of the United States ruled on the case Reed vs. the Town of Gilbert Arizona. This ruling addressed the level of scrutiny that communities are permitted to apply to review of signs, specifically temporary signs. The Supreme Court evaluated the constitutionality of the town’s law which differently restricted allowable signs based on the “communicative content,” rather than regulating the speaker. After review of the case by Corcoran’s City Attorney in relation to the updated code, the attorney recommended changes to bring the code into compliance with the new ruling. The comments were received by the City Attorney on July 20th and this memo includes a summary of the changes required to the draft ordinance to comply with the recent Supreme Court ruling. We have redlined the draft ordinance to clearly show the changes. 2. Analysis The outcome of the Supreme Court ruling is a broad regulation that will impact the level of scrutiny communities are allowed to apply to sign regulation. Communities may not apply strict scrutiny to different types of content. Cities may however, still regulate the speaker. The City Attorney feels that differentiating between commercial and noncommercial speech is still permitted and recommended adding a definition of commercial speech. Temporary signs The primary change to the ordinance is that Section 84.07 (8) (Temporary signs exempt from permits) has been deleted. In the revisions to the sign ordinance, all temporary signs under 8 square feet in area will be exempt from permit. This size allows for standard size real estate signs and Agenda Item 9.a Sign Ordinance Update – Supreme Court Ruling 2 July 23, 2015 garage sale signs to be posted for an indefinite amount of time. The code currently exempts garage sale signs under 8 square feet from obtaining a permit. To provide some ability to regulate the posting of the sign under provisions for obsolete sign copy, we are requiring that the sign include the date of posting. Seasonal farm stands are still allowed an exemption from the permit requirements and length of time. Gas station signs In light of the new ruling, the City Attorney also recommended that standards for gas stations be revised so that the code did not regulate content (in this case, fuel prices), but regulated the type of sign permitted. Gas stations are allowed two dynamic display signs so that they are allowed to display more than fuel prices on a dynamic display. Campaign signs The ruling also prompted a review of Minnesota Statute §211B.045, which regulates signs in election years. The City Attorney found that the statute is not specific to campaign signs, and in fact allows for any noncommercial sign of any number to be erected during the campaign season. Section 84.07 (Exempt Signs) of the code was updated to reflect the current interpretation of the state statute. Summary The Council should provide comments and direction on revisions to the ordinance in light of the Supreme Court ruling. The ruling necessitates some changes to how temporary signs are regulated in City, but we believe that the proposed changes ensure that the City is in compliance with these new standards. 3. Recommendation We recommend that the Council provide feedback about the direction of the proposed changes reflected in this memo as well as the original memo in the Council packet. Attachments 1. Revised Draft Ordinance – Redlined DRAFT – July 23, 2015 1 CHAPTER 84: SIGNS TABLE OF CONTENTS CHAPTER 84: SIGNS ................................................................................................................ 1 84.01 PURPOSE, FINDINGS AND INTENT. .......................................................................... 1 84.02 DEFINITIONS. ................................................................................................................. 2 84.03 SIGN MEASUREMENT AND INTERPRETATION ..................................................... 9 84.04 GENERAL PROVISIONS ............................................................................................. 10 84.05 SIGN STANDARDS. ..................................................................................................... 13 84.06 TEMPORARY SIGNS. .................................................................................................. 17 84.07 EXEMPT SIGNS. ........................................................................................................... 18 84.08 PROHIBITED SIGNS. ................................................................................................... 19 84.09 NON-CONFORMING SIGNS. ...................................................................................... 21 84.10 PERMITS. ....................................................................................................................... 21 84.11 VARIANCES. ................................................................................................................. 22 84.12 REPEAL. ........................................................................................................................ 22 84.13 SEVERABILITY ............................................................................................................ 22 84.14 NONCOMMERCIAL SIGNS; SUBSTITUTION OF MESSAGES ............................. 22 84.15 VIOLATIONS, ENFORCEMENT, PENALTY............................................................. 23 84.01 PURPOSE, FINDINGS AND INTENT. The purpose of this ordinance is promote the health, safety, welfare, orderly development, livability, rural character and economy of Corcoran. The intent of the sign ordinance is to establish a comprehensive system of sign control that achieves balance among the following goals: 1. To encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the City of Corcoran. 2. To provide for adequate way-finding in the community, thus reducing traffic congestion. 3. To provide adequate means of business identification, advertising and communication. 4. To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well-being of the city. 5. To protect the safety and welfare of the public by minimizing hazards to vehicles and pedestrians. DRAFT – July 23, 2015 2 6. To preserve property values by preventing unsightly and chaotic signage that has a blighting influence on the city. 7. To differentiate among those signs that, because of their location, lighting, movement or other characteristics may distract drivers on public streets and those that may provide information in a safer manner. 8. To minimize the possible adverse effects of signs on nearby public and private property. 9. To implement the goals of the Comprehensive Plan. 10. To protect the constitutional rights of our citizens. 84.02 DEFINITIONS. Abandoned Sign - Any sign structure that has ceased to be used for the display of sign copy, or any sign regarding a business or activity on the site of the sign where such business or activity has ceased to be conducted for a period of more than 6 consecutive months. Address Sign - A sign communicating the street address and/or the name of the occupant of a property. Alteration - A change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration. Architectural Projection - Any projection from a building that is decorative and/or functional and not intended for occupancy, and that extends beyond the face of an exterior wall of a building but that does not include signs as defined herein. Awning Sign - A sign displayed on or attached flat against the surface or surfaces of an awning. Awning signs must meet the same sign area standards as wall and canopy signs. Balloon – A flexible, non-porous bag inflated with either air or helium that causes it to rise and float in the atmosphere. Banner - A flexible substrate on which copy or graphics may be displayed. Pennants are considered banners. Billboard - See Off Premise Sign. Building Elevation - The entire side of a building, from average ground level to the roofline, as viewed perpendicular to the walls on that side of the building. Address Sign DRAFT – July 23, 2015 3 Building Facade - That portion of any exterior elevation of a building extending vertically from grade to the top of a parapet wall or eaves and horizontally across the entire width of the building elevation. Canopy or awning - A multi-sided overhead structure supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. Canopy (freestanding) - A multi-sided overhead structure supported by columns, but not enclosed by walls. Canopy Sign - A sign affixed to the visible surface(s) of an attached or freestanding canopy. Candela per square meter (cd/m2) – The SI (metric) unit used to describe the luminance of a light source or of an illuminated surface that reflects light. Also referred to as Nits. Changeable Sign - A sign with the capability of content change by means of manual or remote input, including signs that are manually or electrically activated. 1) Manually Activated - Changeable sign whose message copy or content can be changed manually on a display surface. Not illuminated. 2) Electrically Activated - Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also: Dynamic Display. Channel Letter (open faced) – A dimensional letter with a back and sides but no face at t he front of the letter. Open Faced Channel Letters may be non-lit, externally illuminated, or illuminated by a light source contained inside the open channel of the letter itself, such as a neon tube. Channel Letter (internally illuminated) – A dimensional letter with a back, sides and a translucent front face capable of transmitting light from an internal light source within the letter. Channel Letter (reverse) – A dimensional letter with a face and sides but no back, opposite to an Open Faced Channel Letter. A Reverse Channel Letter has an open channel facing the wall or building to which it is affixed. A Reverse Channel Letter may contain a source of illumination designed to project lighting against the surface behind the letter, commonly referred to as a Backlit Channel Letter; also referenced as a halo or silhouette lighted channel letter. The face of a Reverse Channel Letter does not illuminate. DRAFT – July 23, 2015 4 Code Compliance Official - The city official or employee responsible for implementing and enforcing the applicable codes and standards of the city. Commercial Sign – any sign which advertises or identifies a product, business, service, event, or any other matter of a commercial nature. Community Event - A noncommercial event established primarily for the benefit and service of the population of the community in which it is located. Copy – The graphic elements comprising the content of a sign, excluding numerals identifying street address only. Directional Sign - Any sign that is designed for the purpose of providing direction for pedestrian or vehicular traffic. Directory Sign - A wall sign that identifies individual tenants within a development that do not have their own exclusive exterior entrance. Double-Faced Sign - A sign with two identical faces that is designed so only one face can be viewed at one time. Only one side of a double face or V-type sign structure shall be used in computing total surface area, provided the maximum angle between faces of double-faced or V-type signs is 45 degrees. Dynamic Display –An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed. Event Sign - A temporary sign used exclusively to advertise community events. Exterior Sign - Any sign placed upon the exterior of a building. Externally Illuminated Sign - A sign characterized by the use of artificial light reflecting off its surface. Facade - The face of a building from the lowest exposed point to the roof. Freestanding Sign - A sign principally supported by a structure affixed to the ground and not supported by a building. Pylon and monument signs are types of freestanding signs. Table 2 identifies types of permitted freestanding signs. Frontage (Property) - The dimension in feet of the parcel upon the street of business mailing address. Frontage (Building) - The length of the exterior building wall or structure oriented toward the frontage road. DRAFT – July 23, 2015 5 Holiday Sign - A sign or display that contains or depicts a message pertaining to a national, state, local or religious holiday. Integral Sign - A sign carrying the name of a building, its date of erection and incidental information about its construction, and made an integral part of the structure. Interior Sign - Any sign placed within a building, but not including window signs. (Interior Signs are not regulated by this ordinance). Illuminance – The amount of light falling upon a real or imaginary surface, commonly called “light level” or “illumination”. Measured in foot-candles (lumens/square foot) in the English system and lux (lumens/square meter) in the SI (metric) system. Illuminated Sign - A sign characterized by the use of artificial light, either projecting through its surface(s) (internally or trans-illuminated); or reflecting off its surface(s) (externally illuminated). Internally Illuminated Sign - A sign characterized by the use of artificial light projecting outward through its surface. Logo Signs - Any brand name, trademark, logo, distinctive symbol or other similar device or thing used to identify a particular business, institution or activity. Luminance – The light that is emitted by or reflected from a surface. Measured in units of luminous intensity (candelas) per unit area (square meters in SI measurement units or square feet in English measurement units.) Expressed in SI units as cd/m2, and in English units as foot lamberts. Sometimes also expressed as “nits”, a colloquial reference to SI units. Can be measured by means of a luminance meter. Lux – The SI (metric) unit for illuminance. One lux equals 0.093 foot-candles. Mansard - An inclined decorative roof-like projection that is attached to an exterior building facade. Memorial Sign - A sign attached to a building noting its natural, historic, community or architectural significance. Menu Board - A freestanding menu sign oriented to the drive-through lane for a restaurant DRAFT – July 23, 2015 6 Monument Sign- A freestanding sign which is architecturally designed and located directly at grade where the base width dimension is 75% or more of the greatest width of the sign. Monument signs are not supported by exposed posts or poles. Mullion - A vertical strip separating windowpanes. Mural - A picture rather than words, numbers or symbols, applied to a wall. Natural Grade - The grade of a site before it is modified by moving earth, adding or removing fill, or installing a berm, retaining wall or other earthwork feature. Nit - A photometric unit of measurement referring to luminance. One nit is equal to 1 cd/m2. Non-Conforming Sign - A sign that was legally installed by permit in conformance with all municipal sign regulations and ordinances in effect at the time of its installation, but which may no longer comply with subsequently enacted laws and ordinances having jurisdiction relative to the sign. Non-Commercial Sign – any sign which is not a commercial sign which expresses an opinion and which is deemed by the courts to have greater protection under the first amendment than a commercial sign. Obsolete Sign – On-premise sign that no longer advertises or identifies a use conducted on the property on which the sign is erected. Off-Premise Signs - A sign advertising products, goods, services, or places of business or services offered at a location other than the lot upon which the sign is maintained. On-Premise Sign - A sign used for the purpose of displaying messages pertinent to the use of, products sold on, or the sale or lease of, the property on which it is displayed. Parapet - The extension of a building facade above the line of the top of the structural roof assembly. Pennant - See Banner. Permanent Sign - Any sign that is not temporary. Banners and pennants shall not be considered permanent signs. Pole Sign - See Freestanding Sign. Political Sign - A temporary sign intended to influence voting at a primary, general or other election. DRAFT – July 23, 2015 7 Portable Sign – A sign whose principal supporting structure is intended, by design and construction, to be used by resting upon the ground for support and may be easily moved or relocated for reuse. Portable signs shall include but are not limited to signs mounted upon a trailer, bench, wheeled carrier, or other non-motorized mobile structure with or without wheels. Primary Building Face - The wall of a building façade fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases, or decorations. There is only one primary building face per tenant. Projecting Sign - A sign attached to a building or extending in whole or part more than 18 inches and less than 6 feet beyond the surface of the building to which the sign is attached. Pylon Sign – A freestanding sign supported by 2 posts so that the sign and supports are finished to grade by encasing the posts in a material consistent with the sign and where the cumulative width dimension of the supporting posts is not less than 60% of the total width of the sign face. Real Estate Sign - A temporary sign advertising the open house, sale, lease, or rental of the property or premises upon which it is located. Rotating Sign - Any sign that revolves. Roof Line - The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet. Roof Sign - A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades and architectural projections such as canopies shall not be considered to be roof signs. Sandwich Board or A-Frame – A double-faced sign ordinarily in the shape of the letter “A,” or some variation thereof, that is displayed on the ground, not permanently attached, and usually two- sided and not more than 6 square feet. Scroll – A mode of message transition on an Electronic Message Sign in which the message appears to move vertically across the display surface. Security Sign - A sign identifying the presence of a security system. DRAFT – July 23, 2015 8 Sign - Any device visible from a public right-of-way that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. SI (International System of Units) – The modern metric system of measurement; abbreviated SI for the French term “Le Systeme International d’Unites.” Temporary Sign - A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs. Tenant Space - For the purpose of this Section, a tenant space is considered to be a business area that has its own exclusive interior or exterior entrance within a multiple-occupancy development. Wall or Fascia Sign - A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. Window Sign - A sign attached to, placed upon, or painted on a window or door of a building, or located within 1-foot of the interior of a window, that is intended for viewing from the exterior of such building. Zoning Ordinance -City of Corcoran or related or succeeding ordinances. DRAFT – July 23, 2015 9 84.03 SIGN MEASUREMENT AND INTERPRETATION. Signs shall be measured according to the following standards: Sign Copy. The physical sign message including any words, letters, numbers, pictures, and symbols. Sign Area. The area of the board(s) or module(s) containing the sign message, but not including the supporting structure. The area to be calculated is the area within the smallest rectilinear perimeter that contains the entire signboard or module. The area of a sphere shall be computed as the area of a circle. Sign Face. The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. Sign Height. Sign height shall be calculated as the vertical distance from the natural grade measured at a point either at the back of the curb level or 10 feet away from the front center of the sign, whichever is closer, to the upper- most point used in measuring the area of a sign. DRAFT – July 23, 2015 10 84.04 GENERAL PROVISIONS. 1. Conformance to Codes. All signs shall conform to the provisions of this ordinance and the provisions of the Building Code and of any other applicable ordinance or regulations within the City of Corcoran. 2. Location a) Setbacks. All signs shall be set back 10 feet from the property lines. b) Projections Over Public Ways. Except as provided for elsewhere in this ordinance, private signs may not encroach or overhang the public right-of-way and no sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way except: 1) Signs advertising a community event may be permitted in the public rights- of-way, subject to approval by the Code Compliance Official as to the size, location and method of erection. The Code Compliance Official may not approve any special event signage that would impair the safety and convenience of use of public rights-of-way, or obstruct traffic visibility. b) Obstructions. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit-ways, window or door openings used as a means of egress, or to prevent free passage from one part of a roof to another part thereof or access thereto. In addition, no sign shall be attached in any form, shape or manner that will interfere with any opening required for ventilation. No sign shall obstruct any drainage ways. No sign shall be placed so as to interfere with access of Fire Department personnel on the property. c) Traffic Visibility. No sign or sign structure shall be erected in a site visibility triangle, as defined by Section 1060.090, Subd. 2, in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape, or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal, or device. Signs over County or State Highways are not permitted. d) Signs may not be erected, painted or drawn upon sidewalks, rocks, trees or natural features. 3. Maintenance, Repair and Removal. a) It shall be the duty of the owner of any sign to maintain the sign in good repair. The City may order special repair to be made in order that the appearance and safety of the sign may be maintained. b) No matter shall be permitted to hang loose from any sign. It shall be the duty of every DRAFT – July 23, 2015 11 person maintaining a sign to keep and preserve the lot or parcel of land on which such sign is erected at all times clean, inoffensive, and free and clear of any garbage, refuse weeds, rubbish, paper or other offensive material of any kind and description, which may be deposited or gathered thereon and to keep the same removed at all times for a space equal to 20 feet from any portion of such sign. 4. Obsolete Sign Copy. An abandoned sign as defined in section 84.02 (Definitions) or a sign that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the Code Compliance Official; and upon failure to comply with such notice, the Code Compliance Official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure, or ground on which the sign is located. If the owner of the sign does not remit payment for such removal within 60 days after removal of signs, the City may take whatever actions are allowed by law to collect such amount, including imposing a lien on the property upon which the sign is located. 5. Resemblance to Government Signs. No sign erected by a non-governmental person may imitate any sign erected by a government agency, or display such words as "stop" or "danger" except that such signs may be used in shopping centers or other traffic areas where first approved by the City Engineer. 6. Public Nuisance. Any sign which is obscene, as defined by MN Statute 617.241, Subd. 1(a) shall be considered a nuisance and is prohibited. Any sign which emits an audible sound, odor, or visible matter shall be considered a public nuisance and is prohibited. 7. Dynamic Displays. Dynamic displays as permitted by section 84.05 (Sign Standards) are subject to the following conditions: a. Only one dynamic display sign shall be allowed per lot. b. Dynamic displays are allowed only on freestanding signs. Dynamic displays may occupy no more than 40% of the actual sign area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one, contiguous electronic message sign area is allowed on a sign face. c. A dynamic display sign may not change or move more often than once every 12 seconds except one for which changes are necessary to correct hour and minute, date, or temperature information. d. The images and messages displayed and transitioned must be instantaneous or fading. Modes of display which cause the message to flash or blink are prohibited. DRAFT – July 23, 2015 12 e. Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. 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. f. Electronic message signs must comply with the lighting and brightness standards contained in this section. 8. Lighting and Brightness Standards. In addition to the lighting standards set forth in Section 1060.040 of the Zoning Code, all sign lighting, including LED accent lighting, shall comply with the following standards: a) Except where otherwise stated in this ordinance, signs may be illuminated by artificial light sources on timers and shall be equipped with dimmers. b) No sign may be brighter than is necessary for clear and adequate visibility. c) No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. d) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. e) Signs using an LED (light emitting diode) light source shall not exceed a luminance level of 500 candela per square meter (nits) between sunset and sunrise, and shall not exceed a luminance level of 5,000 candela per square meter between sunrise and sunset. f) Signs using fluorescent, neon, or incandescent light sources shall not exceed 12 watts per square foot of sign surface area. g) All signs with illumination shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions (e.g., dusk) to ensure that the sign's intensity does not exceed 0.3 foot-candle above ambient light levels as measured from 100 feet from the sign's face. h) No illumination involving movement by reason of the lighting arrangement, lighting source, changes in either color or intensity of lighting or other devices shall be permitted. 9. Design standards. In addition to the standards set forth in Section 84.05 (Sign Standards), all signs shall comply with the following design standards: DRAFT – July 23, 2015 13 a) All proposed signs on a site shall be part of a common design scheme and shall maintain consistency through the use of lighting design, color schemes, materials, shape, proportion, and type faces. b) The design of all signs on site shall use building materials, colors, and, where applicable, architectural design features consistent with the materials, colors, and architectural design features of the principal building on the site. c) All exposed pole or post structures must be wrapped or faced with stucco, architectural metal, brick or stone consistent with the building architecture. d) The area around freestanding signs shall be landscaped with plantings and maintained in such a manner to accent and enhance the sign. 84.05 SIGN STANDARDS. 1. Sign Standards. In addition to Section 84.04 (General Provisions), signs shall comply with the standards for permitted sign types in each district as shown in Table 2 and Table 3. 2. Planned Unit Developments. All developments must comply with standards for the underlying zoning district. PUD sign plans may be requested as part of the Preliminary PUD development plan. 4. Additional standards for specific types of signs. a) Menu Boards. Drive-thru restaurants may be permitted 2 menu boards, not to exceed 36-square feet per board. No more than 20% of the total area of the sign may be utilized for business identification. Menu boards may be internally illuminated. b) Gas stationMotor Fuel Stations. In addition to the one dynamic displays as permitted by Section 84.05 (Sign Standards), gas stationmoter fuel stations uses in any district are permitted to display one additional 12 square foot fuel prices by an electronic message componentdynamic display on one wall sign or freestanding sign. Such signs , and are subject to the standards of Section 84.08 (General Provisions), Section 84.05 (Sign Standards), and Minnesota State Statutes §239.751 and, §325D.71, as may be amended. DRAFT – July 23, 2015 14 f) Wall Signs. i) Wall signs are limited to 1 sign at the primary entrance of each tenant space, not to exceed 10% of the primary building face of the related tenant space. ii) Lettering on canopy and awning signs is restricted to the side panels or front drop. iii) Internally lit wall signs are limited to logo signs and individually-mounted channel lit lettering. iv) Wall signs must be located on the same wall as the primary building entrance. v) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. Lettering on canopy and awning signs. DRAFT – July 23, 2015 15 Table 2 – Freestanding Signs Monument Sign Pylon Sign Qty Sign Copy Area Height ** Illumination Additional Standards Residential Districts Non-residential uses 1 32 6 -External -Internal -Reverse channel letter -Dynamic Display Residential subdivision (more than 6 lots) and medium and high density apartments 2 32 6 -External -Internal -Reverse channel letter Must be located at primary entrance of subdivision. One additional sign not to exceed 16-square feet shall be allowed at each secondary entrance. CR Non-residential uses 1 64 16 -External -Internal -Channel letter -Dynamic display C / GMU Non-residential uses 1 64 16 -External -Internal -Channel letter -Dynamic display BP / I 1 64 16 -External -Internal -Channel letter P-I 1 64 16 -External -Internal -Channel letter DMU Freestanding signs are not permitted in the DMU district. **The top of a sign, including its support shall be no higher than the roof of the principal building. DRAFT – July 23, 2015 16 Table 3 - Signs Attached to Buildings Awning / Canopy Sign Wall Sign Projecting Sign Sign Copy Area Illumination Additional Standards DMU District Non-residential uses 10% of the primary building face -External -Internal -Channel letter 1 projecting sign allowed in addition to one allowed wall or canopy sign. CR Non-residential uses 10% of the primary building face -External -Internal -Reverse Channel letter C / GMU Non-residential uses 10% of the primary building face -External -Internal -Channel letter 1 service entrance sign (4 SF max) allowed in addition to allowed sign attached to building. BP / I 10% of the primary building face -External -Internal -Channel letter P-I 50 SF or 5% of the wall area, whichever is greater -External -Internal -Channel letter DRAFT – July 23, 2015 17 84.06 TEMPORARY SIGNS. Temporary use of portable or movable signs shall be allowed in excess of and in addition to the sign limitations of this ordinance. 1. General Provisions. All temporary signs shall comply with the following standards: a) Temporary signs shall comply with Section 84.04 (General Provisions). b) Such signs shall be limited to a maximum of 32 square feet in area. c) A permit shall be obtained from the Code Compliance Official for each location and time period for placement of such signs., except: i. Such signs shall comply with the duration limits of this Section. ii. A permit for temporary signs under 8 square feet in area shall not be required to obtain a permit provided that the posting date of the sign is legibly and permanently printed on the sign. iii. Farm stands in any district are permitted to display a temporary sign less than 16 square feet in area during the period of sales. d) Temporary commercial signs shall advertise an activity on the property on which they are located, except that temporary off-site signs may be allowed as identified in 84.07 (Exempt Signs). e) All pennants, streamers, banners, and other forms of temporary signs must be maintained and not be frayed, torn, or tattered. f) Manually activated changeable message boards are permitted on temporary freestanding signs. g) Sandwich board and A-frame signs must be placed on the property where the business is located and within 10 feet of the primary entrance of the business or on the right-of-way in front of property. A-frame signs must provide an unobstructed sidewalk width of at least 5 feet for pedestrian passage and must not interfere with pedestrian traffic or violate standards of accessibility as required by the ADA or other accessibility codes. h) Temporary signs may be located on a property for continuous periods not to exceed 30 days. No more than 1 such sign will be allowed per parcel. i) No property shall be allowed more than 4 such periods in any 12 month period. DRAFT – July 23, 2015 18 84.07 EXEMPT SIGNS. The following signs shall be exempt from the provisions of this ordinance, except they must meet standards of General Provisions (Section 84.08): 1. Street address signs, and combination nameplate and street address signs which contain noncommercial messages and which do not exceed 6 square feet in area. 2. Detached freestanding signs smaller than 4 square feet in area and less than 4 feet in height, and containing no commercial mess age (e.g. “Enter” or Exit” signs). Signs may be illuminated according to the standards of Section 84.04 (General Provisions). 3. Interior window signs in commercial and industrial districts, subject to the following standards: a) The aggregate area of all such signs shall not exceed 25% of the window area on which such signs are displayed. Window panes separated by mullions shall be considered as 1 continuous window area. b) Window signs shall not be counted against the sign area permitted for other sign types. 4. Permanent governmental signs for control of traffic and other regulatory/notification purposes and street signs. 5. Cornerstones, foundation stones, and memorial signs or tablets displaying the names of buildings and date of erection, when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other incombustible material, provided that no such sign shall exceed 6 square feet in area. 6. Noncommercial flags or any other flags displayed from flagpoles will not be considered to be signs. Flags & individual pennants (not on a string) are exempt signs. 7. Noncommercial cultural decorations, displays of a noncommercial nature, or holiday signs mounted on private residential property, which pertain to cultural observances. 8. Noncommercial signs may be posted beginning 46 days before the state primary in a state general election year until ten days following the state general election, per the standards of Minnesota §211B.045, as may be amended. 8. Temporary signs as described in Table 1 shall be permitted in all zoning districts. Temporary changeable signs shall be required to comply with the standards of Section 84.06 (Temporary Signs). DRAFT – July 23, 2015 19 Table 1 - Temporary Signs exempt from permits Sign type Duration permitted Maximum Size (limited to 1 sign per street front) Community or public events 30 days 25 square feet Campaign Signs Allowed per Minnesota §211B.045, as may be amended. Allowed per Minnesota §211B.045, as may be amended. Sale signs for seasonal roadside agricultural vendors Shall only be erected for period of roadside sales. 16 square feet Signs denoting the architect, engineer, or contractor working upon a work site and real estate signs pertaining to the sale, development or rental of the property Removed within ten 10 days after completion of construction or the sale, lease or development of 90% of the property. 12 square feet per lot or 6 square feet per acre of land up to 300 square feet. Garage sale signs and similar sales or events 4 days 8 square feet 84.08 PROHIBITED SIGNS. The following devices shall be specifically prohibited: l. No person with a home occupation as defined in Section 1030.100 of the Zoning Ordinance shall be permitted to erect a sign advertising the home occupation, except as otherwise permitted by the City as part of a conditional home occupation license. In cases where signs are permitted as part of a conditional home occupation license, signs shall conform to the standards for residential uses in Table 2. 2. Signs that blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings visible from the roadway. 3. Electronic outdoor advertising devices or dynamic displays including animated signs, electronic or manual changeable message signs, flashing signs or displays, moving signs, scrolling displays, and traveling displays, except as permitted in 84.05 (Sign Standards) and Section 84.06 (Temporary Signs). DRAFT – July 23, 2015 20 4. Portable signs except as allowed for temporary signs. 5. Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions: a) The sign is a portable sign that meets the standards of 84.06 (Temporary Signs). b) The primary purpose of such vehicle or trailer is not the display of signs. c) The signs are magnetic, decals, or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle. d) The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate. 6. Vehicles and trailers used primarily as static displays, advertising a product or service, or utilized as storage, shelter or distribution points for commercial products or services for the general public. 7. Inflatable or flying devices such as, but not limited to, balloons, streamers or pinwheels except those that are permitted temporary signs. 8. Signs that are structurally unsafe or in disrepair or which create a hazard by their condition, location or lighting. 9. Permanent signs or placards of any size attached or added to any sign beyond that included in the application and permit. 10. Abandoned signs. 11. Rotating signs. 12. Roof signs. 13. A sign that violates any provision of any law of the State relative to off premises signs. 14. Temporary signs that advertise a business, product, or service, which is not produced or conducted on the lot upon which the sign is located, except that temporary off-site signs may be allowed as identified in Section 84.06 (Temporary Signs). 15. Off premise signs are prohibited. Off-premise signs which exist on the effective date of this section shall be considered as nonconforming signs and are subject to standards contained in section Section 84.09 (Non-conforming Signs) of this Chapter. DRAFT – July 23, 2015 21 84.09 NON-CONFORMING SIGNS. 1. Any sign legally existing at the time of the passage of this ordinance that does not conform in use, location, height, or size with the regulations of the zone in which such sign is located shall be considered a legal non-conforming use or structure and may continue in such status until such time as it is either abandoned or removed by its owner, subject to Minnesota §462.357, as may be amended. 2. For on-premises signs, structural alterations, maintenance and improvements are permissible only where such alterations, maintenance and improvements will not increase the degree of nonconformity of the signs. 84.10 PERMITS. 1. Application. Unless exempted (Section 84.07 ), all persons seeking to place a sign within the City limits of the City of Corcoran and as regulated by the terms of this Section shall obtain a permit. The applicant shall first file an application in writing on a form furnished for that purpose by the Code Compliance Official for the City of Corcoran. Every such application shall: a) Identify and describe the work completely, including size, height, location, materials, true colors and lighting to be used. All applications must include color samples for review. Color rendition and intensity of lighting shall be indicated. b) Properties with multiple tenants, occupants or buildings entitled to signs must demonstrate an allocation of the allowed signage among eligible tenants and users. c) Be accompanied by a site plan with dimensions and specifications sufficient to determine consistency with this and other applicable laws and ordinances. d) Complete application form. e) Be accompanied by a fee, if applicable, as established by the City Council. f) Provide such other information as may reasonably be required by the Code Compliance Official. 2. Sign Permits. The application shall be reviewed by the Code Compliance Official and other departments of the City including the Building Official to check compliance with the laws and ordinances under their jurisdiction. The Code Compliance Official may require a building permit or electrical permit before construction commences. DRAFT – July 23, 2015 22 3. Expiration of Permit. Every permit issued by the Code Compliance Official under the provisions of this ordinance shall become null and void if the sign or work authorized by such permit is not completed within 120 days from the date the permit is issued. The Code Compliance Official shall have the sole discretion to grant extensions for good cause shown. 4. Right to appeal. Any applicant who files an application for a permit and is denied shall have the right to an appeal before the City Council, within 10 days of receiving notice of the denial of the application. 5. Sign Removal. Any signs constructed in the City without a permit shall be removed by and at the expense of the owner(s) of the sign. If the owner does not remove such sign(s) within 10 working days of receiving notice of non-compliance for failure to obtain a permit, the Code Compliance Official may order the immediate removal of all such sign(s). 84.11 VARIANCES. The City Council shall have the authority to approve or deny variances from the provisions of the Sign Ordinance. An applicant for variance shall proceed as required under Section 1070.040 (Variances) of the Corcoran Zoning Ordinance. The City Council shall use the same standards for evaluating sign variances as are found in said Section 1070.040 of the Corcoran Zoning Ordinance. 84.12 REPEAL. All prior ordinances pertaining to the subjects treated in this Ordinance shall be deemed repealed from and after the effective date of this Ordinance, except as they are included and re-ordained in whole or in part in this Ordinance; provided, this repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this Ordinance. 84.13 SEVERABILITY If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of the provisions of this chapter related to signs is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality does not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter. 84.14 NONCOMMERCIAL SIGNS; SUBSTITUTION OF MESSAGES 1. Any sign allowed or that would be allowed without permit, by sign permit, by special use permit, or by variance, may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business, product, commodity or service for sale or lease, or to any other commercial interest or activity, so long as the sign complies with the size, height and other requirements of this chapter. DRAFT – July 23, 2015 23 2. It is the city's policy to regulate signs in a constitutional manner that is content neutral as to noncommercial signs. 84.15 VIOLATIONS, ENFORCEMENT, PENALTY. 11. Any sign constructed in the City in violation of this ordinance shall be removed by and at the expense of the owner(s) of the sign. If the owner does not remove the sign(s) within 10 working days of receiving notice of non-compliance, the Code Compliance Official may order the immediate removal of all such sign(s). 12. In the event that the Code Compliance Official is required to order the removal of any sign(s) in violation of this ordinance, all costs associated with the removal of such sign(s), including reasonable attorney’s fees, shall be the responsibility of the owner of the sign(s). 13. Any person, firm or corporation who violates any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction may be sentenced in accordance with Minn. Stat. §609.03, as amended. 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: July 10, 2015 for the July 23, 2015 City Council Meeting RE: Consideration of Ordinance Changes Regarding the Creation of Lots without Development Rights (City file 15-014) 60-DAY REVIEW DEADLINE: NA 1. Application Request At the April 23, 2015 Council directed staff to bring a summary of the issues regarding the requirement that development rights be available prior to subdivision for City Council discussion. Council member Keefe asked the City to consider an ordinance amendment that would allow creation of parcels without development rights. At the May 11th meeting, the City Council directed staff to proceed with an ordinance amendment at the July Planning Commission meeting. 2. Planning Commission Review The Planning Commission held a public hearing on this item on July 7th. There was no one present to speak on this item. The Commissioners asked if this would give people additional development rights. Staff noted that it will not provide additional building rights. If property has one development right on a gravel road, they can subdivide to create an outlot with no development rights based on the expectation that at some future date the gravel road will be paved and additional development rights would be available. The Planning Commission voted unanimously to recommend approval. 3. Background and Options In 2003, the City adopted a new Zoning Ordinance. The ordinance was developed by a joint committee of Planning Commissioners and Council members because it was the first Zoning Ordinance adopted after the Comprehensive Plan. During that discussion, the committee reviewed the prohibition of creation of lots without development rights (formerly called building rights). The staff report stated: Agenda Item 9b. Development Rights Ordinance Amendment 2 July 23, 2015 Lots of record with no building rights. There are a number of vacant, existing lots of record that have no building rights associated with them. It is likely that the building rights were transferred to other properties in the community, but no deed restrictions or conservation easements were provided to permanently preserve the vacant land. Legally, the City cannot deny landowners reasonable use of their property. In cases where the City records clearly show a building rights transfer, the staff and the City attorney agree that denial of a building permit is legally justified. However, in cases where the City records are incomplete, staff is concerned that failure to allow development could be challenged by the landowner as a failure of the City to allow reasonable use of the property. Perhaps more importantly, it is frustrating for landowners who have lots with no legal use other than agriculture due to the lack of building rights. The record shows very little discussion, but does show consensus that the ordinance should not allow landowners to create lots without development rights. The City had not allowed a transfer of development rights for some time and such a transfer is still not allowed. The creation of a lot or outlot without a development right creates an expectation that a building permit will be issued. There are a number of older subdivisions with parcels with no development rights and we frequently get calls from frustrated homeowners or potential buyers who do not understand why they cannot build on a parcel. In the urban area, development rights only apply until municipal sewer and water are available. When municipal sewer and water become available, the land will be subject to a minimum lot size requirement rather than development rights. This means that the City may have outlots for stormwater management ponds that have easements that restrict the use of the outlot for ponding only and they are unbuildable parcels. The development rights really only apply in the UR (Urban Reserve) and RR (Rural Residential) zoning districts. In both of these districts, the ordinance says: Subd. 7. Density Requirements. This Section identifies the maximum number of residential units or non-residential units that may be developed. The development rights program is intended to preserve a rural residential environment with active agri-businesses. Development rights shall be calculated based on the total lot area and rounded to the nearest whole number. Development rights shall be as recorded on the official City of Corcoran “Development Rights Map” on file at City Hall. A. Landowners shall be permitted one development right for each 10 acres of land accessing onto a paved roadway. B. Landowners shall be permitted one development right for each 30 acres of land accessing onto a gravel road. C. The existing farmstead or residence on properties accessing onto gravel roads and eligible for Agricultural Preserve is exempt from the density calculations in rural areas, if the farmstead or residence existed prior to July 1, 1981 and the subject parcel is a minimum of 40 acres in size. The minimum lot area may be reduced from 40 acres to 35 acres if the Development Rights Ordinance Amendment 3 July 23, 2015 parcel is a quarter-quarter parcel reduced from the standard 40-acre quarter-quarter parcel due to public road right-of-way or a perturbation in the rectangular survey system. D. Additional development rights may be granted to landowners that develop the property as part of an Open Space Preservation plat, as permitted by the Subdivision Regulations. E. Except as otherwise approved as part of an Open Space Preservation Plat, no lots or outlots shall be allowed to be created without development rights. As noted, in the above section, a landowner can obtain additional development rights by paving the road. A person with a 40 acre parcel on a gravel road would have one development right today, but if they paved the road, the number of development rights would increase to 4 on that same 40 acre parcel. Under the current regulations, that 40 acre parcel with one development right is not subdividable until the road is paved. Staff also notes that the City Code requires all subdivisions to be by plat. Staff is aware that prior to the 2004 ordinance adoption, there were some parcels created without building rights. Staff is familiar with 4 of those parcels because we frequently get calls from frustrated landowners or potential buyers, but there may be more. We are also aware that in 2008, the City approved a subdivision for Bechtold Family Acres that included one lot and one outlot with no development rights. This was approved in violation of the Zoning Ordinance standards that were in place at that time, but this was not mentioned in the staff report to the City Council by former City Planner Gartner and it does not appear that the issue was raised at the Planning Commission or City Council. 4. Proposed Language Based on the Council direction, staff recommends the following changes to Section 1040.020, Subd. 8 of the Zoning Ordinance (Urban Reserve District) as shown below by deleting the stricken material and adding the underlined material as follows: Subd. 8. Density Requirements. This Section identifies the maximum number of residential units or non-residential units that may be developed. The development rights program is intended to preserve a rural residential environment with active agri-businesses. Development rights shall be calculated based on the total lot area and rounded to the nearest whole number. Development rights shall be as recorded on the official City of Corcoran “Development Rights Map” on file at City Hall. A. Landowners shall be permitted one development right for each 10 acres of land accessing onto a paved roadway. B. Landowners shall be permitted one development right for each 30 acres of land accessing onto a gravel road. C. The existing farmstead or residence on properties accessing onto gravel roads and eligible for Agricultural Preserve is exempt from the density calculations in rural areas, if the farmstead or residence existed prior to July 1, 1981 and the subject parcel is a minimum of Development Rights Ordinance Amendment 4 July 23, 2015 40 acres in size. The minimum lot area may be reduced from 40 acres to 35 acres if the parcel is a quarter-quarter parcel reduced from the standard 40-acre quarter-quarter parcel due to public road right-of-way or a perturbation in the rectangular survey system. D. Additional development rights may be granted to landowners that develop the property as part of an Open Space Preservation plat, as permitted by the Subdivision Regulations. E. Except as otherwise approved as part of an Open Space Preservation plat or clustering option in Subd. 7 of this Section, no No lots or outlots shall be allowed to be created without development rights, except in the following circumstances:. i) Except as otherwise approved as part of anWhen approved as part of an – open Space and Preservation (OS&P) Plat as allowed by Section 940 of the Subdivision Ordinance open space preservation plat, ii) When approved as part of aor clustering option as allowed by in Subd. 7 of this Section, no or iii) When the property is located on a gravel road where future paving would increase the development rights on the property. The following conditions apply to any such subdivision: (1) No lots shall be allowed to be created without development rights. (2) No more than one outlot shall be created without development rights. (3) The landowner shall provide the City with written direction about how future development rights would be applied to the outlot and any lots. (4) The landowner shall prepare a restrictive covenant that shall be reviewed and approved by City and filed against the property indicating that the outlot is not buildable until additional development rights are obtained through paving of the adjacent street. Based on the Council direction, staff recommends the following changes to Section 1040.030, Subd. 7 of the Zoning Ordinance (Rural Residential District) as shown below by deleting the stricken material and adding the underlined material as follows: Subd. 7. Density Requirements. This Section identifies the maximum number of residential units or non-residential units that may be developed. The development rights program is intended to preserve a rural residential environment with active agri-businesses. Development rights shall be calculated based on the total lot area and rounded to the nearest whole number. Development rights shall be as recorded on the official City of Corcoran “Development Rights Map” on file at City Hall. A. Landowners shall be permitted one development right for each 10 acres of land accessing onto a paved roadway. B. Landowners shall be permitted one development right for each 30 acres of land accessing onto a gravel road. C. The existing farmstead or residence on properties accessing onto gravel roads and eligible for Agricultural Preserve is exempt from the density calculations in rural areas, if the Development Rights Ordinance Amendment 5 July 23, 2015 farmstead or residence existed prior to July 1, 1981 and the subject parcel is a minimum of 40 acres in size. The minimum lot area may be reduced from 40 acres to 35 acres if the parcel is a quarter-quarter parcel reduced from the standard 40-acre quarter-quarter parcel due to public road right-of-way or a perturbation in the rectangular survey system. D. Additional development rights may be granted to landowners that develop the property as part of an Open Space Preservation plat, as permitted by the Subdivision Regulations. E. Except as otherwise approved as part of an Open Space Preservation Plat, noNo lots or outlots shall be allowed to be created without development rights., except in the following circumstances: i) When approved as part of an Open Space and Preservation (OS&P) Plat as allowed by Section 940 of the Subdivision Ordinance, ii) When the property is located on a gravel road where future paving would increase the development rights on the property. The following conditions apply to any such subdivision: (1) No lots shall be allowed to be created without development rights. (2) No more than one outlot shall be created without development rights. (3) The landowner shall provide the City with written direction about how future development rights would be applied to the outlot and any lots. (4) The landowner shall prepare a restrictive covenant that shall be reviewed and approved by City and filed against the property indicating that the outlot is not buildable until additional development rights are obtained through paving of the adjacent street. Staff believes that proposed language provides the City Council with the desired outcome, while protecting the City from objections to infrastructure improvements in the future, and making it clear to future landowners about the restriction on these outlots without development rights. 5. Recommendation Move to adopt the following, as recommended by the Planning Commission: a. Ordinance 2015-308 Approving Changes to the Development Rights Program b. Resolution 2015-39 Approving Findings of Fact c. Ordinance 2015-309 Approving Summary Publication Approval of the ordinance and findings of fact require a 3/5 vote. Approval of the summary ordinance requires a 4/5 vote. Attachments a. Ordinance 2015-308 Approving Changes to the Development Rights Program b. Resolution 2015-39 Approving Findings of Fact c. Ordinance 2015-309 Approving Summary Publication City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-308 Motion By: Seconded By: AN ORDINANCE AMENDING THE TEXT OF CHAPTER 10 OF THE CORCORAN CITY CODE, ENTITLED CORCORAN ZONING ORDINANCE THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. The text of Section 1040.020, Subd. 8 of the Zoning Ordinance (Urban Reserve District) of the Corcoran City Code is hereby amended by deleting the stricken material and adding the underlined material as follows: Subd. 8. Density Requirements. This Section identifies the maximum number of residential units or non-residential units that may be developed. The development rights program is intended to preserve a rural residential environment with active agri- businesses. Development rights shall be calculated based on the total lot area and rounded to the nearest whole number. Development rights shall be as recorded on the official City of Corcoran “Development Rights Map” on file at City Hall. A. Landowners shall be permitted one development right for each 10 acres of land accessing onto a paved roadway. B. Landowners shall be permitted one development right for each 30 acres of land accessing onto a gravel road. C. The existing farmstead or residence on properties accessing onto gravel roads and eligible for Agricultural Preserve is exempt from the density calculations in rural areas, if the farmstead or residence existed prior to July 1, 1981 and the subject parcel is a minimum of 40 acres in size. The minimum lot area may be reduced from 40 acres to 35 acres if the parcel is a quarter-quarter parcel reduced from the standard 40-acre quarter- quarter parcel due to public road right-of-way or a perturbation in the rectangular survey system. D. Additional development rights may be granted to landowners that develop the property as part of an Open Space Preservation plat, as permitted by the Subdivision Regulations. E. Except as otherwise approved as part of an Open Space Preservation plat or clustering option in Subd. 7 of this Section, no No lots or outlots shall be allowed to be created without development rights, except in the following circumstances:. i) Except as otherwise approved as part of anWhen approved as part of an – open Space and Preservation (OS&P) Plat as allowed by Section 940 of the Subdivision Ordinance open space preservation plat, ii) When approved as part of aor clustering option as allowed by in Subd. 7 of this Section, no or iii) When the property is located on a gravel road where future paving would increase the development rights on the property. The following conditions apply to any such subdivision: Page 1 of 3 City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-308 (1) No lots shall be allowed to be created without development rights. (2) No more than one outlot shall be created without development rights. (3) The landowner shall provide the City with written direction about how future development rights would be applied to the outlot and any lots. (4) The landowner shall prepare a restrictive covenant that shall be reviewed and approved by City and filed against the property indicating that the outlot is not buildable until additional development rights are obtained through paving of the adjacent street. SECTION 2. Amendments. The text of Section 1040.030, Subd. 7 of the Zoning Ordinance (Rural Residential District) of the Corcoran City Code is hereby amended by deleting the stricken material and adding the underlined material as follows: Subd. 7. Density Requirements. This Section identifies the maximum number of residential units or non-residential units that may be developed. The development rights program is intended to preserve a rural residential environment with active agri- businesses. Development rights shall be calculated based on the total lot area and rounded to the nearest whole number. Development rights shall be as recorded on the official City of Corcoran “Development Rights Map” on file at City Hall. A. Landowners shall be permitted one development right for each 10 acres of land accessing onto a paved roadway. B. Landowners shall be permitted one development right for each 30 acres of land accessing onto a gravel road. C. The existing farmstead or residence on properties accessing onto gravel roads and eligible for Agricultural Preserve is exempt from the density calculations in rural areas, if the farmstead or residence existed prior to July 1, 1981 and the subject parcel is a minimum of 40 acres in size. The minimum lot area may be reduced from 40 acres to 35 acres if the parcel is a quarter-quarter parcel reduced from the standard 40-acre quarter- quarter parcel due to public road right-of-way or a perturbation in the rectangular survey system. D. Additional development rights may be granted to landowners that develop the property as part of an Open Space Preservation plat, as permitted by the Subdivision Regulations. E. Except as otherwise approved as part of an Open Space Preservation Plat, noNo lots or outlots shall be allowed to be created without development rights., except in the following circumstances: i) When approved as part of an Open Space and Preservation (OS&P) Plat as allowed by Section 940 of the Subdivision Ordinance, ii) When the property is located on a gravel road where future paving would increase the development rights on the property. The following conditions apply to any such subdivision: (1) No lots shall be allowed to be created without development rights. (2) No more than one outlot shall be created without development rights. (3) The landowner shall provide the City with written direction about how future development rights would be applied to the outlot and any lots. Page 2 of 3 City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-308 (4) The landowner shall prepare a restrictive covenant that shall be reviewed and approved by City and filed against the property indicating that the outlot is not buildable until additional development rights are obtained through paving of the adjacent street. SECTION 3. Effective Date. This ordinance shall be in full force and effect upon its passage. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 23rd day of July 2015. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator Page 3 of 3 City of Corcoran July 23, 2015 County of Hennepin State of Minnesota RESOLUTION NO. 2015-39 Motion By: Seconded By: A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING THE TEXT OF CHAPTER 10 OF THE CORCORAN CITY CODE, ENTITLED CORCORAN ZONING ORDINANCE WHEREAS, the City of Corcoran initiated an amendment to update the City Code to address changes to the development rights requirements; and WHEREAS, the amendment would be consistent with the 2030 Comprehensive Plan; and WHEREAS, the amendment would be consistent with other City Code standards and City policies; and WHEREAS, the amendment would allow creation of new parcels without development rights only in those cases where the property is adjacent to a gravel road and the property would obtain additional development rights when that road is paved; WHEREAS, the Planning Commission has reviewed the proposed text amendments at a duly called public hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that it should and hereby does approve the Zoning Ordinance text amendment, based upon the finding that the proposed amendments would be consistent with State law and the City’s Comprehensive Plan, and compatible with other provisions of the City Code. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 23rd day of July 2015. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator Page 1 of 1 City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015-309 Motion By: Seconded By: CITY OF CORCORAN SUMMARY OF ORDINANCE NO. 2015-308 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 10 (ZONING ORDINANCE) OF THE CORCORAN CITY CODE Section 1040.020 subd.8 and 1040.030 Subd. 7 of the Zoning Ordinance (Chapter 10 of the Corcoran City Code) are hereby amended to allow the creation of new parcels without development rights. A printed copy of the entire amended Section 1040.020 and Section 1040.030 of Chapter 10 is available for inspection by any person at City Hall during the City Clerk’s regular office hours. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 23rd day of July 2015. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise – City Clerk/Administrative Services Coordinator Page 1 of 1 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 www.landform.net LandformSM, SensiblyGreenSM and Site to FinishSM are service marks of Landform Engineering Company. TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: July 10, 2015 for the July 23, 2015 City Council Meeting RE: Site Plan and Conditional Use Permit for a New Verizon Telecommunications Tower at 23605 County Road 50 (PID 30-119-23-21-001) (city file no. 15-016). 60 DAY REVIEW DEADLINE: August 11, 2015 1. Application Request The applicant has requested approval of a site plan review and conditional use permit to allow a 149-foot monopole and associated equipment at 23605 County Road 50 (PID 30-119-23-21-001). 2. Planning Commission Review The Planning Commission held a public hearing at their July 7th meeting. Other than the applicant, there was no one present to speak on this item. The Planning Commission voted to unanimously to recommend approval of the request. 3. Context Background Verizon Wireless (VAW) LLC will be leasing the property owned by Gleason Land Company LLC located at the southwest corner of the intersection of County Highway 50 and County Road 19 (classified as minor connectors). The property is 76.77 acres. The proposed site area to be leased to Verizon Wireless (VAW) LLC is 1,200 square feet, located in the southwest portion of the farmstead. Zoning and Land Use The subject property is zoned Rural Residential (RR) and is guided Rural/Ag Residential. It is a farm with a single-family home and several accessory structures. Surrounding Properties The surrounding properties are zoned RR and guided Rural/Ag Residential on the 2030 Future Land Use Plan. The surrounding properties are a mix of agricultural land and single family homes. Agenda Item 9c. Verizon Monopole CUP (15-016) 2 July 23, 2015 Natural Characteristics of the Site According to the Natural Resource Communities map there is a small portion in the northwest area of the subject property with a medium quality wetland present. The map also shows upland on the south side of the subject site. The site contains multiple probable wetlands and a floodplain as well. The Elm Creek Watershed Management Commission confirmed a watershed review would not be needed. The proposed use would not impact these natural resource areas. 4. Analysis of Request Staff has reviewed the application for consistency with the Comprehensive Plan, Zoning Ordinance and City Code requirements, as well as City policies. A. Level of City Discretion in Decision-Making The City’s discretion in approving or denying a site plan is limited to whether or not the proposed request meets the standards outlined in the City Code. If it meets these standards, the City must approve the site plan. The City’s discretion in approving or denying a conditional use permit is limited to whether or not the proposed request meets the standards outlined in the City Code. If it meets these standards, the City must approve the conditional use permit. B. Consistency with Ordinance Standards Site Plan The applicant has submitted the required applicable information per the Zoning Ordinance standards for site plan review. The items are discussed in detail in the conditional use permit section of this report. Telecommunication Standards The applicant has requested a conditional use permit to allow a new telecommunications tower within the RR zoning district. The City must review this request for compliance with the telecommunication criteria and the performance standards in Section 1060.100 of the Zoning Ordinance as follows: Co-location The Zoning Ordinance identifies performance standards for the co-location of telecommunication towers. The standards require that all equipment used for transmitting or receiving telecommunication, television, or radio signals shall be co-located on existing towers whenever possible. Unless the applicant presents clear and convincing evidence to the City Council that co- location is not feasible, a new tower may not be built, constructed or erected in the City unless the tower is capable of supporting at least two communications facilities comparable in weight, size, and surface area to each other. If co-location is not feasible, the preference for location of new towers Verizon Monopole CUP (15-016) 3 July 23, 2015 within the City is, in order of priority: existing public property, agricultural and commercial/industrial property. The applicant provided exhibits identifying the need for the proposed communications tower because there is no existing tower or structure within the area where Verizon would like to place antennas to increase the signal coverage and capacity. The proposed tower would relieve capacity and coverage demands at the current site to the north of the proposed location (Hennepin County Self-Support Collocation and to the South (T-Mobile Self Support Collocation). Setback Requirements Towers and accessory structures are required to meet the setbacks of the underlying zoning district. Due to the large size and layout of this property, the proposed tower and the associated equipment shelter meet all the required property line setbacks. The code also requires the tower be setback from residential structures at least the height of the tower. Exceptions may be granted if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances. The Code requires the tower height be measured from grade and include the tower structure itself, the base pad, and any other telecommunications facilities attached. The applicant states the tower is 140 feet on the application and narrative, but is referred to as 149 feet because the 9-foot lightening pole is required to be calculated as part of the tower height. In this case, the tower would be set back from 145 feet from the existing home and would be approximately 25 feet 45 feet and 90 feet from three existing accessory buildings. Therefore, the applicant does not meet the setback requirements. There is adequate space to shift the tower south and west to meet the required setback requirements. However, the applicant is requesting to be allowed to construct the tower here because it would be screened on the north and east by existing barns and would have minimal impact on the farming operations. The applicant’s engineer states that the tower is designed to bend in half if damaged. The City Attorney has reviewed the lease agreement and has confirmed that it provides indemnity and requires insurance for each other. • The City Council should consider whether a reduced setback from the existing residential home and three accessory structures is appropriate. The City has no obligation to allow the tower within 149 feet of existing structures, but may approve a smaller setback as part of the CUP if the City finds that the proposed location is reasonable because the design of the pole will bend if damaged and would likely impact one of the barns and not the home. Engineer Certification Towers must be designed and certified by an engineer to be structurally sounds and in conformance with the Uniform Building Code, and other required standards. The monopole will be designed by Sabre Industries to fold in half if it fails structurally. If total separation happens, the structure is designed to collapse within a radius of 70 feet (50% of the height of the monopole). The tower should be constructed to meet the Uniform Building Code and we have included a condition of approval requiring them to obtain a building permit. Verizon Monopole CUP (15-016) 4 July 23, 2015 Height Restriction The height of the tower is limited to 150 feet per the Ordinance. The proposed tower is 149 feet tall (a 140-foot tower with a 9-foot lighting rod) and would comply with ordinance requirements. Lighting Towers are not permitted to be artificially lit except as required by the Federal Aviation Administration (FAA). The plan shows no lighting on the tower and it appears that FAA lighting is not required for a tower of this height. Accessory Buildings and Equipment The Zoning Ordinance restricts the size an accessory building to no more than 400 square feet. The proposed accessory building is approximately 339.25 square feet. The proposed accessory building meets the requirements set forth in the City Code. The site plan shows existing edge of concrete to be removed in the area where the tower is proposed. Verizon will replace the concrete slab with either Class V gravel or landscaping as depicted on the plan set. Areas remaining will be seeded with grass. Exterior Finish The applicant has stated that the tower will be coated with a corrosive resistant material. The building will have an earth-toned crushed aggregate finish. The applicant has provided a sample of the exterior finish for the accessory building and the tower. Staff finds that the materials are consistent with ordinance requirements. Design The Zoning Ordinance states that towers must be of a stealth design, if possible. The applicant has proposed the design of the tower to be a typical monopole. Staff believes the monopole design is less intrusive than the lattice towers with cables and; therefore, the monopole is one way of providing stealth design. Screening Fences constructed around parcels containing towers or their support structures must be in accordance with the fencing requirements of the zoning district unless more stringent fencing requirements are required by the Federal Communications Commission. The site plan shows a 6- foot high chain link fence with two 6-foot wide gates at on the northeast side of the proposed tower location. Staff has reviewed the Zoning Ordinance and found the proposed fence location to be in conformance with Section 1060.080, which allow fences 6 feet in height if said fence meets all building setback requirements. Additionally, fences, which include a security gate, are permissible. Verizon Monopole CUP (15-016) 5 July 23, 2015 The Zoning Ordinance requires all ground mounted equipment to be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the character of the surrounding neighborhood. The chain link fence does not provide screening. The applicant has provided screening on the south and west of the equipment, but has stated that they believe the existing barns provide the required screening on the north and east. Staff finds that the existing buildings do provide the required screening, but has added a condition that should any of the barns be removed, the applicant be required to submit a new landscape plan with the required screening for City review and approval. The landscape plan shows 22 Arborvitae trees to provide screening to the south and west side of the equipment building. Planting screens are the preferred method of screening and should contain a mix of overstory and understory plantings and a mix of deciduous and coniferous materials. The code allows for a maximum of 33% of required landscape items to be of one species. The applicant should provide diversity and enhance the visual interest of the screening. Staff recommends widening the spacing on the Arborvitaes on the landscape plan, by removing every other one and planting Norway Spruce or Black Hills Spruce (or other upright evergreens suitable for the existing soils) behind the Arborvitaes. The quantity of trees would remain the same but would provide for a more appealing landscape. The applicant has agreed to adjust the landscape plan to provide greater species diversity. A revised landscape plan is a condition of approval. A green electrical box is located to the north of the tower outside of the chain link fence and is not proposed to be screened with additional landscaping. The green electrical box is surrounded with 4 bollards and appears to be less than 3-feet in height. The applicant believes the tower and associated equipment will be screened with the use of existing buildings. The Planning Commission agreed that the buildings provide adequate screening. Access The site plan indicates a 20-foot wide access/utility easement with a 12-foot wide gravel access drive that will allow access to the tower over the existing driveway. A 10-foot wide utility access to the west will provide utilities to the tower and building. The site plan refers to these access and utility drives as Right-Of-W ay (ROW). ROW is a legal term for land deeded to the public. These access routes are not land deeded to the public rather, the access ways are private ROW for ingress and egress onto the property. The access ways are better described as easements; however, staff has been in contact with the applicant and the City Attorney and we have agreed that the language on the plans is sufficient because the lease agreement makes it clear that is an easement not an actual ROW. The access drive is still owned by the property owner and will allow access to and from the site for the lessee. The applicant states that the tower will be engineered to hold two additional users as required by the Code. Each additional user will be locating equipment at the base of the tower, and space for additional ground equipment is available just south of the Verizon equipment building and north of the landscape edge. Verizon Monopole CUP (15-016) 6 July 23, 2015 Parking The Zoning Ordinance requires all site plans to show the designated parking areas including number of parking spaces and screening. The Code does not specify the required amount of off-street parking for this use, staff believes the site plan should show 2 designated parking spots for maintenance workers and others who need to access the property. This is what the City Council has required for other new towers in the City. The parking spots will allow for the principal use of the property to be less disturbed. The applicant will need to provide more detail on designated off-street parking, including location, dimensions and materials. Staff believes a gravel parking lot on this property in the RR district for the intended use will provide sufficient access and parking and result in less disturbance to the principal use on site. Conditional Use Permit Staff has reviewed the application for compliance with the general conditional use permit standards in Section 1070.020 and found that those conditions have been met as noted below. Specifically: 1. Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans. The Comprehensive Plan recognizes the need to expand infrastructure in the City, such as telecommunications infrastructure to support and promote continued economic development. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The proposed monopole will promote and enhance the general public welfare and will not affect the public health, safety, morals or comfort of the area. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The 149-foot monopole will not impact other adjoining properties. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Staff does not believe the conditional use will impede on the normal and orderly development and improvement of surrounding properties for uses permitted in the RR district. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the proposed use. Verizon Monopole CUP (15-016) 7 July 23, 2015 The applicant will have access to utilities to sufficiently supply the tower and equipment. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Staff believes the conditional use conforms to applicable regulations of the Rural Residential District. 7. The conditional use and site conforms to performance standards as specified by this Chapter. Staff believes the site plan conforms to performance standards as specified by Section 1060.100 (Telecommunication Services). 5. Conclusions Staff reviewed the plan for consistency with the application standards outline in the Comprehensive Plan, Zoning Ordinance and City Code, as well as City policies. Staff noted in the staff report the outstanding issues that must be addressed and we have included conditions in the attached draft resolution to address these issues. 6. Recommendation Move to adopt Resolution 2015-40 approving the request, as recommended by the Planning Commission. Attachments 1. Resolution 2015-40 approving Conditional Use Permit and Site Plan 2. Site Aerial Location Map 3. Natural Resource Map 4. Site survey dated June 10, 2015 5. Location and capacity coverage exhibits 6. Site Photos and Stimulations Photos 7. Applicant narrative dated May 18, 2015 8. Revised applicant’s narrative dated June 10, 2015 9. Engineering memo dated June 8, 2015 10. Plans dated June 10, 2015 11. Additional plans dated June 25, 2015 City of Corcoran July 23, 2015 County of Hennepin State of Minnesota RESOLUTION NO. 2015-40 Motion By: Seconded By: APPROVING A SITE PLAN AND CONDITIONAL USE PERMIT FOR A NEW TELECOMMUNICATIONS TOWER ON THE PROPERTY LOCATED AT 23605 COUNTY ROAD 50 (PID 30-119-23-21-0001). WHEREAS, Version Wireless (VAW) LLC, has requested approval of a site plan and conditional use permit for the property legally described as follows: The East ½ of the Northwest ¼ of Section 30, Township 119, Range 23, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN, MINNESOTA, that is should and hereby does approve the site plan and conditional use permit requested by Version Wireless (VAW) LLC, subject to the following findings and conditions: 1. The Site Plan and Conditional Use Permit are approved in accordance with the plans and application received on May 19, 2015 and the revisions received on June 10, 2015 and June 25, 2015, except as amended by this resolution. 2. The applicant has provided the City with evidence that co-location is not feasible to gain the needed capacity and coverage. 3. The Conditional Use Permit for a new 149-foot tall telecommunications tower and associated ground equipment is approved based on the finding that the conditional use permit standards in Section 1070.020 have been met as follows: a. The application is in compliance with the Comprehensive Plan. The Comprehensive Plan recognizes the need to expand infrastructure in the City, such as telecommunications infrastructure to support and promote continued economic development. b. The proposed monopole will promote and enhance the general public welfare and will not endanger the public health, safety, morals or comfort of the area. c. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The 149-foot monopole will not impact other adjoining properties. d. The conditional use will not impede on the normal and orderly development and improvement of surrounding properties for uses permitted in the RR district. e. Adequate public facilities and services are available to sufficiently supply the tower and equipment. Page 1 of 3 City of Corcoran July 23, 2015 County of Hennepin State of Minnesota RESOLUTION NO. 2015-40 f. The conditional use conforms to applicable regulations of the Rural Residential District. g. The conditional use and site conforms to performance standards as specified by this Section 1060.100 (Telecommunication Services). 4. The tower shall be allowed to be constructed in the location shown on the site plan and flexibility is granted to allow less than the required 149-foot setback from all residential structures based on the finding that the tower is designed to bend rather than fall, which would ensure that the home is not destroyed. Furthermore, the lease agreement between the tower and the owner makes it clear that the owner accepts the potential risk. 5. A conditional use permit based on the finding that the performance standards in Section 1060.100 of the Zoning Ordinance have been met, subject to the following findings and conditions: a. The tower is no more than 149-feet high. b. No lighting shall be permitted on the monopole, except as may be required by the FAA. c. The exterior finish of the monopole will be coated with a corrosive resistant material and be of a neutral or gray color. d. Future co-location for up to 2 additional providers is allowed. Only one accessory building per user is permitted, and said accessory building shall not exceed 400 square feet in size per user. e. The tower will be removed within 12 months of the cessation of operations of the telecommunications facility at the site unless an extension is approved by City Council. If the tower is not removed it will be declared a public nuisance and may be removed by the City. Costs of removal will be assessed against the property pursuant to the nuisance abatement Section the Corcoran City Code. f. The tower is available for City inspection at any time, upon reasonable notice to the property owner and the tower owner to inspect the tower. g. The tower is maintained in accordance with the provisions in Section 1060.100 Subd.4 (M). 6. A building permit is required prior to beginning construction. 7. The equipment structure shall be constructed as shown on the plans and a 6-foot high chain link fence is approved as shown on the plans. 8. Prior to issuance of the building permit, the applicant/landowner must: a. Submit a revised site plan to clearly identify parking stall locations, dimensions and proposed number of stalls for staff review. A minimum of 2 parking stalls Page 2 of 3 City of Corcoran July 23, 2015 County of Hennepin State of Minnesota RESOLUTION NO. 2015-40 shall be provided for maintenance vehicles that meet the minimum dimensional requirements for parking design in Section 1060.060, Subd. 4(C)2. b. Submit a revised landscape plan identifying the size, number and location of Arborvitae trees and mix of Norway Spruce or Black Hill Spruce. No more than ½ of the required trees shall be of one species. c. If the existing residential barns that provide screening of the tower from the north and east are removed, the applicant will need to resubmit a landscape plan to provide the required screening for City review and approval. d. Submit a financial guarantee for the proposed work as outlined in Section 1070.050, Subd. 9 of the Zoning Ordinance. e. Record the approving resolution at Hennepin County and provide proof of recording to the City. 9. Approval shall expire within one year of the date of approval unless the applicant commences the authorized use and completes the required improvements. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Hank, Pat Hank, Pat Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 23rd day of July 2015. ________________________________ Ken Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise - City Clerk/Administrative Services Coordinator Page 3 of 3 Parcel ID: Address: Owner Name: Acres: Land Cover: Ecologically Significant Area Present: Natural Resource Corridor Present:Soils: Public Waters Present: Wetland Present: Floodplain Present:Watershed: Print Legend Map Scale: 1'' ≈ 800 ft. Print Date: 6/12/2015 This map is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT © HENNEPIN COUNTY 2015 Hennepin County GIS -Printable Map 6/12/2015http://gis.hennepin.us/naturalresources/print/default.aspx?C=449773.56025000056,499324... Page 1 of 1 Parcel ID:3011923210001 Address:23605 CO RD NO 50 , CORCORAN , 55357 Owner Name:GLEASON LAND COMPANY LLC Acres:76.77 Land Cover:Multiple Ecologically Significant Area Present: Yes Natural Resource Corridor Present:No Soils:Multiple Public Waters Present:Yes Wetland Present:Yes Floodplain Present:Yes Watershed:Elm Creek Print Legend Map Scale: 1'' ≈ 800 ft. Print Date: 6/12/2015 This map is a compilation of data from various sources and is furnished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT © HENNEPIN COUNTY 2015 Hennepin County GIS -Printable Map 6/12/2015http://gis.hennepin.us/naturalresources/print/default.aspx?C=449773.56025000056,499324... Page 1 of 1 At t a c h m e n t 6 -r-____ _ � '\. \ \ \ \ \ \ \ \ \ \ \ -____ ,.. -'-....___ EXISTING PRO�RTY LINE \ \ \ \ \ \ - SITE PLAN SCALE: 1" = 30'-0" ' I ,C J,. EXISTING GRAVEL DRIVE ·.I I ·:,�· ./ ------EXISTING OVERHEAD ELECTRIC RUN · ... ��� (TYP) .,,<fl/'/' � ·>·x-- / � -....._�.-, I I I tlll1llly celllft 1hld thll pion, opeclllcelon c, -� wao praparad by ma c, unds my dinod ouporvlolon and 1'11111 am a d!Ay rag-Arttlltect under tho I""" of tho stale of Minn-. ROBERT J. DAVIS, Rog. No. 12427 DESIGN� ROBERT J DAVIS, AIA ARCHITECT 9973 VALLEY VIEW RD. EDEN PRAIRIE, MN 55344 (952)903,V,!99 VERIZON WIRELESS 10801 BUSH LAKE ROAc BLOOMINGTON, MN 55438 (612) 720,.0052 PROJECT 20141015176 MINC GREENFIELD COUNTYRD50 CORCORAN, MN 55357 SHEET CONTENTS: SITE PLAN DRAWN BY: SJR DATE: 09-17-14 CHECKED BY: CDB REV.A 11--04-14 REV.B 11-21-14 REV.C 06--08-15 A-1 STAFF REPORT Agenda Item 10a. Council Meeting: July 23, 2015 Prepared By: Brad Martens Topic: Franchise Fees Action Required: Direction Summary: At the July 9th City Council meeting, staff presented information regarding the possible establishment of franchise fees. The Council requested additional information on what items could be funded by the fees if implemented. Attached to this report is an article from a 2014 League of Minnesota Cities magazine and the applicable statute. The following table is updated from the July 9th meeting showing possible revenue with a franchise fee charge of $2.00 per account, per month: Utility # of accounts Monthly fee Annual Revenue Electric 1,860 $2.00 $44,640 Gas 1,322 $2.00 $31,728 Total $76,368 In the above scenario the utility would be required to pay $24.00 per account per year. It is a near certainty that the utility would pass this fee on to the user, making the bills $2.00 larger each month. A resident who has electricity and natural gas service would likely pay $48.00 more each year. The City Council should direct staff on how to proceed. Financial/Budget: There are limited costs associated with drafting the required ordinance updates. Added revenue would allow for additional projects to be funded by the City. Alignment with Values: This item relates to the following adopted values: FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Options: 1) Direct staff to proceed with drafting ordinances to implement franchise fees. 2) Direct staff to take no further action at this time. Page 2 Recommendation: Staff supports the use of franchise fees if dedicated towards a specific program or purpose. An example would be to escalate the process of paving gravel collector roads or to eliminate assessments for the dust control program. Council Action: Direct staff on further action regarding franchise fees. Attachments: 1. League of Minnesota Cities Article – Diversify Revenues with Franchise Fees 2. Minnesota Statute 216B.36 FEATURE MINNESOTA CITIES | JUL/AUG 2014 | 19 per account or as a percentage of the customer’s bill. Forest Lake charges its electric utility customers $4 per month for a residential account. The council selected a flat fee because it assigns the cost of road maintenance to properties at a fixed amount, and it provides a steady revenue stream for the city. Alternatively, franchise fees can be structured to correlate with the customer’s energy use. Coon Rapids charges all users 4 percent of their utility bill. Other cities choose a fixed charge per therm or kilowatt hour. With these structures, revenue will expand and shrink with the business cycle and seasons but, over time, will keep pace with inflation. STEP 3: Adopt an ordinance The only authorizing action required to establish a franchise fee is the adoption of an ordinance. The ordinance estab- lishes the terms of the fee: the structure, collection schedule, and the effective dates. Once adopted, utility providers may need to undergo a 90-day filing period through the Minnesota Public Utilities Commission before the fee can be imposed. While there is no statutory public hearing or notice requirement, some cities opt to provide opportunities for public comment and education. Forest Lake informed its residents of the proposed fees by creating a handout and providing news updates. Hastings leaders added a sunset provision so that new action must be taken after five years to extend the fee. MC Nick Anhut and Jessica Cook are financial specialists with Ehlers (www.ehlers-inc.com). Ehlers is a member of the League’s Business Leadership Council (www.lmc.org/sponsors). Have you ever wondered why cities across the nation have more revenue options than we do in Minnesota? New York City has an income tax; Colo- rado cities collect most of their budgets from local sales taxes. Minnesota cities rely on a compli- cated property tax system as their main source of revenue. The property tax is predictable com- pared to income and sales tax, but many consumers of city services do not pay property taxes. Franchise fees are an often overlooked alternative for Minnesota cities to diversify their revenue streams. Many cities have been collecting a cable franchise fee for years. Under Min- nesota Statutes, section 216B.36, a city may also impose a fee on a gas or electric utility in exchange for the use of public rights-of-way. The utility companies collect the fee from their customers and remit it to the city every billing cycle. Cities can deter- mine the amount, structure, and use of franchise fees. There is no cap on the fran- chise fee rate on gas and electric utilities. Use of the fees Franchise fees can be used for any public purpose. Recently, many cities have directed franchise fees to specific capital improvements such as pavement man- agement programs. One reason is that proving benefit for special assessments has become more difficult in a time of declining residential property values. The City of Morris has collected fran- chise fees for about 10 years and dedi- cates them entirely to road maintenance. “Over 30 percent of our city is comprised of tax-exempt property,” says City Man- ager Blaine Hill. “Before franchise fees, we had two-thirds of the property owners paying for 100 percent of the streets.” The City of Edina recently adopted franchise fees in lieu of raising taxes to fund sidewalks, trails, bike paths, and other pedestrian-related improvements. The fees will provide a stable funding source to undertake projects on a pay-as-you-go basis. While there is no specific statutory authority to issue bonds based on franchise fee revenues, cities can use the revenues to write down annual debt levies. If your city is interested in implement- ing franchise fees, there are three primary steps you should take. STEP 1: Establish the need To avoid getting mired in a fee vs. tax dis- cussion, take the time to clearly articulate and develop consensus around the need for a new revenue source. In Champlin, the City Council had established the goal of a 0 percent tax rate increase. As capital needs grew and property values stalled, new revenue sources were needed. Staff identified various funding options, including additional prop- erty tax levy, a stormwater utility, and franchise fees. The council chose to add franchise fees because they give the city a more balanced approach to budgeting. STEP 2: Structure the fee to suit city needs There are two broad options for struc- turing the franchise fee: as a fixed charge Diversify Revenues WITH Franchise Fees BY NICK ANHUT AND JESSICA COOK PROSCONS Local control Raises utility costs Easy to administer after first year Initial coordination with utilities and/or public can be complex Diversifies revenues; flexible funding source Perception by public as another tax Growth in revenues proportional to growth in business activity and development May require periodic review or adjustment Not subject to loss of revenue resulting from loss of state aid Opposition from nonprofit users Pros & Cons of Franchise Fees 1 MINNESOTA STATUTES 2014 216B.36 Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 216B.36 MUNICIPAL REGULATORY AND TAXING POWERS. Any public utility furnishing the utility services enumerated in section 216B.02 or occupying streets, highways, or other public property within a municipality may be required to obtain a license, permit, right, or franchise in accordance with the terms, conditions, and limitations of regulatory acts of the municipality, including the placing of distribution lines and facilities underground. Under the license, permit, right, or franchise, the utility may be obligated by any municipality to pay to the municipality fees to raise revenue or defray increased municipal costs accruing as a result of utility operations, or both. The fee may include but is not limited to a sum of money based upon gross operating revenues or gross earnings from its operations in the municipality so long as the public utility shall continue to operate in the municipality, unless upon request of the public utility it is expressly released from the obligation at any time by such municipality. Notwithstanding the definition of "public utility" in section 216B.02, subdivision 4, a municipality may require payment of a fee under this section by a cooperative electric association organized under chapter 308A that furnishes utility services within the municipality. All existing licenses, permits, franchises, and other rights acquired by any public utility or municipality prior to April 11, 1974, including the payment of existing franchise fees, shall not be impaired or affected in any respect by the passage of this chapter, except with respect to matters of rate and service regulation, service area assignments, securities, and indebtedness that are vested in the jurisdiction of the commission by this chapter. However, in the event that a court of competent jurisdiction determines, or the parties by mutual agreement determine, that an existing license, permit, franchise, or other right has been abrogated or impaired by this chapter, or its execution, the mu- nicipality affected shall impose and the public utility shall collect an excise tax on the utility charges which from year to year yields an amount which is reasonably equivalent to that amount of revenue which then would be due as a fee, charges or other thing or service of value to the municipality under the franchise, license, or permit. The authorization shall be over and above taxing limitations including, but not limited to, those of section 477A.016. Franchises granted pursuant to this section shall be exempt from the provisions of chapter 80C. For purposes of this section, a public utility shall include a cooperative electric association. History: 1974 c 429 s 36; 1978 c 795 s 5; 1Sp1981 c 1 art 6 s 8; 1982 c 378 s 1; 1991 c 291 art 9 s 4 Engineer’s Memo Wenck Associates, Inc. | 1800 Pioneer Creek Center | P.O. Box 249 | Maple Plain, MN 55359-0249 Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com - To: Brad Martens, City Administrator From: Kent Torve, PE, City Engineer Date: July 13th, 2015 Subject: Pay Request #6 – 2014 SE District Sewer & Water Improvements Council Action Requested · Approve Pay Request #6 in the amount of $31,764.96. Project Status · Contract Amount - $1,819,223.14 · Change Orders to Date - $0 · Projected Total - $1,703,000 · Funding through Utility Bond fund Project Update This amount brings the total approved to date to 92% of the project value before withholding the 5% contingency amount of $83,567.32. Work completed to date includes site restoration, the installation of sewer and water utilities along with the construction of a lift station and access road to support the Lennar development along CSAH 101. Next Steps Northdale Construction to complete the inspection punch list notice. Remaining work includes miscellaneous punch list items. STAFF REPORT Agenda Item 11a. Council Meeting: July 23, 2015 Prepared By: Brad Martens Topic: Public Hearing: Downtown Utility and Street Improvement Project Action Required: Approval Summary: At the June 25, 2015 City Council meeting staff presented the results of a survey of affected parties related to the proposed downtown utility and street improvement project. After reviewing the results, a public hearing was scheduled for the July 23, 2015 meeting Attached to this report is an updated feasibility study. The City Council should hold a public hearing and consider approving a resolution to accept the feasibility study and order plans and specifications for the project. Financial/Budget: The project has an estimated cost of $3,776,622. It will be funded through the use of TIF Funds, Utility Funds, and special assessments as outlined in the attached feasibility study. Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Options: 1) Hold public hearing; approve resolution 2015-42 authorizing preparation of plans and specifications for the downtown utility and street improvement project. 2) Hold public hearing; direct staff to make changes to project. 3) Hold public hearing; abandon project. Recommendation: Hold public hearing; approve resolution 2015-42 authorizing preparation of plans and specifications for the downtown utility and street improvement project. Page 2 Council Action: Hold public hearing; approve resolution 2015-42 authorizing preparation of plans and specifications for the downtown utility and street improvement project. Attachments: 1. Feasibility Study – Downtown Utility and Street Improvement Project 2. Resolution 2015-42 authorizing preparation of plans and specifications for the downtown utility and street improvement project. Prepared for: City of Corcoran 8200 County Road 116 Corcoran, Minnesota 55340 Prepared by: Wenck Partner Company Address City, MN 12345 Phone: 123-456-7890 Fax: 6123-456-7891 Prepared by: WENCK Associates, Inc. 1800 Pioneer Creek Center Maple Plain, MN 55359 Phone: 763-479-4200 Fax: 763-479-4242 Wenck File #2294-23 JULY 2015 Feasibility Study Downtown Utility & Street Improvement Project Paving Project FEASIBILITY STUDY for Downtown Utility & Street Improvement Project JULY 2015 PREPARED FOR: City of Corcoran 8200 County Road 116, Corcoran, Minnesota 55340 City Council Members: Ken Guenthner, Mayor Mike Keefe Tonya LaFave Ron Thomas Pat Hank PREPARED BY: WENCK ASSOCIATES, INC. 1800 Pioneer Creek Center P.O. Box 249 Maple Plain, Minnesota 55359-0249 Telephone: (763) 479-4200 Facsimile: (763) 479-4242 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Date: 07/15/2015 Kenton C. Torve, P.E. Registration No: 24807 July 2015 i T:\2294-Corcoran\23 - Downtown sewer\feasibility report\Final\Feasibility Report.docx Table of Contents 1.0 EXECUTIVE SUMMARY ............................................................................1-1 2.0 PROPOSED IMPROVEMENTS ...................................................................2-1 2.1 General ......................................................................................... 2-1 2.2 Sanitary Sewer and Watermain Improvements .................................. 2-1 2.2.1 Sanitary Sewer .................................................................. 2-1 2.2.2 Watermain ........................................................................ 2-2 2.3 Street and Storm Sewer Improvements ............................................ 2-2 2.4 Wetlands ....................................................................................... 2-3 2.5 Easements .................................................................................... 2-3 2.6 Permits ......................................................................................... 2-3 3.0 FINANCING .............................................................................................3-1 3.1 General ......................................................................................... 3-1 3.2 Assessment Method ........................................................................ 3-1 3.3 Revenue vs Cost Estimates .............................................................. 3-1 4.0 RECOMMENDATIONS ..............................................................................4-1 5.0 SCHEDULE ..............................................................................................5-1 TABLES 1 Cost Estimates for Downtown Utility and Street Improvement Project 2 Preliminary Assessment Roll Downtown Utility and Street Improvement Project FIGURES 1 Proposed Utility Improvements – North 2 Proposed Utility Improvements - South July 2015 1-1 T:\2294-Corcoran\23 - Downtown sewer\feasibility report\Final\Feasibility Report.docx 1.0 Executive Summary This Feasibility Study has been prepared at the request of the City Council for improvements in the downtown area generally located just southwest of the intersection of County Road 10 and County Road 116. Proposed improvements include the extension of sanitary sewer and water mains to, and throughout, this area as well as reconstruction of the streets. This report contains figures outlining the proposed improvements, itemized cost estimates, a proposed cost apportionment and a preliminary assessment roll. Cost and Method of Assessment The estimated project cost for the proposed improvements is $3,776,622. This includes an estimated cost for street improvements of $1,219,108 and $2,557,514 for utility improvements. Subsequent sections of this report provide additional detail of the proposed improvements and associated costs for the different types of improvements included in the project. The proposed method of assessment to use for the street improvement costs is to the benefiting properties, as measured on a per parcel basis. A TIF district has been identified to provide funds toward the utility improvement costs included in the project. The TIF funds earmarked for this project total $1,593,122; with the balance to funded by trunk utility funds and assessments to benefiting properties. Benefiting properties have been identified on the Preliminary Assessment Role and Figures included in this report. July 2015 2-1 T:\2294-Corcoran\23 - Downtown sewer\feasibility report\Final\Feasibility Report.docx 2.0 Proposed Improvements 2.1 GENERAL The project is located southwest of the intersection of County Road 10 and County Road 116, commonly known as the “Downtown Area” of Corcoran. Proposed improvements consist of the extension of sewer and water facilities to connect to the project area, local sewer and water systems to serve the properties within the area, and reconstruction of the streets impacted by the proposed utility construction. 2.2 SANITARY SEWER AND WATERMAIN IMPROVEMENTS There are no existing sanitary and water systems available for service to the properties within the project area. These properties currently use wells and private septic facilities for water supply and wastewater needs. In 2012, trunk utilities were extended to County Road 116, approximately 400 feet north of County Road 10. The east end of the existing trunk sanitary line will be connected to a planned Met Council owned and operated lift station located north of the intersection of County Road 10 and Brockton Lane. The water source for the city is a metered connection to the City of Maple Grove system near the same intersection. 2.2.1 Sanitary Sewer A residential development, known as Sawgrass, was previously proposed north of the downtown area and north of County Road 10. As a requirement for approval for the development, the developer, Peachtree, was to be responsible for the construction of a lift station, along with the extension of trunk sanitary sewer to the southerly limit of the development, generally to the north side of County Road 10, as is consistent with Corcoran’s Comprehensive Sanitary Sewer Plan. This trunk sewer, along with the lift station, would have utilized been by the downtown improvements. At least for the foreseeable future, the proposed Sawgrass development is not moving forward. This results in the need to include the construction of a lift station along County Road 50, west of the 10/50 intersection. The lift station would connect to the previously installed trunk sewer line, on the west side of County Road 116, via a force main that could be installed using the directional drilling method to limit disturbance. The actual location of the lift station and a portion of the force main alignment would be determined during the design phase depending on what is desired for future maintenance, construction cost, and subsurface conditions at possible locations. From this lift station, a trunk sewer line would be extended southerly, along the west side of the project area, to a point westerly of Auger Avenue (extended). This portion of the trunk sewer is consistent with the Sewer Master Plan and is designed to allow further extension to additional areas west and south of Downtown in the future. July 2015 2-2 T:\2294-Corcoran\23 - Downtown sewer\feasibility report\Final\Feasibility Report.docx From this upstream trunk termination, a lateral sewer would be connected and extended easterly, to Auger Avenue, and networked throughout the downtown area. Properties identified for service include all those abutting streets within the downtown area, as well as those located along County Road 116, between County Road 10 and 75th Avenue North. Also, a CR50 lateral will be constructed to provide service to homes located immediately south of County Road 10. This lateral would connect to the trunk line south of County Road 50 and extend east to Commerce Street. 2.2.2 Watermain The proposed water system for the downtown area includes a connection to the previously mentioned trunk water extension completed in 2012, north of County Road 10. A trunk water line would be extended south, along the east side of County Road 116 to the intersection of County Road 116 and 75th Avenue North. (During the design phase, the cost of routing the trunk through downtown will be investigated to save costs.) Pipes in this network would generally follow, with 10 feet of separation, the alignment of the sanitary sewer network. This practice is typical for sewer and water systems and would minimize the number of easements required for sections that extend beyond the right-of-way limits in the project area. Similar to the CR50 sewer lateral previously mentioned, a parallel water main lateral would be installed to provide water service to these homes as well. The alignment of the watermain at this location, however, would not terminate at Commerce Street, but continue south, under Commerce Street and connected to the network proposed at the intersection Commerce Street “T”. Looping the watermain, when financially practical, helps to ensure adequate flows for peak usage and/or fire protection as needed. As more of an “overall” looping concept, watermain would be extended west, beyond the cul- de-sac of Auger Avenue, and northerly, again, parallel with the proposed trunk sanitary sewer line. 2.3 STREET AND STORM SEWER IMPROVEMENTS The complete reconstruction of the streets within the downtown area is necessary as part of this project since nearly all of the streets will be impacted during the construction of the underground utilities. The design for the streets will be a 26 foot wide rural design that exists today. Maintaining the street configuration at a 26-foot wide rural design greatly reduces or eliminates the need for any storm sewer improvements. The potential replacement of culverts existing under the roadbed would likely be the extent of the storm sewer work. July 2015 2-3 T:\2294-Corcoran\23 - Downtown sewer\feasibility report\Final\Feasibility Report.docx 2.4 WETLANDS A number of wetland areas were identified and summarized in a November 2014 report. The current design will impact some wetlands; however, they will be replaced after construction. Where sanitary sewer and watermain construction impacts delineated wetland areas, it is anticipated that a no-loss situation will occur. This situation requires the restoration of the area disturbed by construction but does not require mitigation for the impacted area. The proposed trunk sanitary and watermain lines along the west side of the downtown area generally follow a drainage channel. Based on delineations, the channel is entirely encompassed by wetland. Though this may be a no-loss situation, as far as wetland impacts are concerned, additional requirements may apply as this channel is identified as a water of the state and falls under Minnesota DNR jurisdiction. Again, any additional requirements for impacts to this area will be identified through the permitting process. Estimated wetland restoration and/or mitigation costs are included in the restoration cost line item. 2.5 EASEMENTS Permanent easements will be required over the area necessary to access and maintain the facilities in the future. Temporary easements will be required to complete the construction of the improvements. Easement areas were estimated based on preliminary alignments. Any changes to alignments or the adding, or deletion of, infrastructure on private property will result in modification to these areas and/or to which properties these easements are required. Potential costs for easement acquisitions are included in the cost estimates. 2.6 PERMITS It is anticipated that the permits listed below will be required for the project. This may not be an exhaustive list but includes those typical to projects with similar improvements and impacts. Minnesota Department of Health (MDH) – watermain extension Minnesota Department of Natural Resources (MNDNR) – waters of the state Met Council Environmental Services (MCES) – sanitary sewer extension Army Corps of Engineers (ACOE) – Wetland permits Hennepin County – work in ROW (construction) Minnesota Pollution Control Agency – NPDES permit (construction) Elm Creek Watershed – wetland permits July 2015 3-1 T:\2294-Corcoran\23 - Downtown sewer\feasibility report\Final\Feasibility Report.docx 3.0 Financing 3.1 GENERAL The total project costs associated with the improvements are proposed to be financed through the TIF fund, City utility fund, and assessments. The total estimated project costs for the various improvements identified in this report include indirect project costs such as engineering, legal, administrative, geotechnical testing and other miscellaneous items. 3.2 ASSESSMENT METHOD The proposed method of assessment for the project is on a per parcel basis. Figures 1 and identify the parcels included in the assessment. There are 28 parcels shown for street assessments and 38 for utilities. 3.3 REVENUE VS COST ESTIMATES Construction costs are shown in Table 1 and the City appraiser has given an opinion that the value to a parcel is increased by $15,000 for utilities and $15,000 for street. Council may select an alternate amount for these assessments. Revenue Contribution Utility Fund $657,391 (Note: this would increase for cost of lift station and force main if the Sawgrass Development does not proceed fall of 2015) TIF Fund $1,593,122 Utility Assessments $150,000 Utility and Street Assessments $840,000 $3,240,513 Project Cost Estimate $3,776,622 Current Funding Gap $536,109 July 2015 3-2 T:\2294-Corcoran\23 - Downtown sewer\feasibility report\Final\Feasibility Report.docx Funding Gap Options Option A Increase assessments Option B Apply Parcel Trunk Fees 38 parcels X $10,320 = $392,160 Option C Utility Funds Option D General Fund Option E Other The funding gap options for City utility or general funds are not required to be set during this process; however any assessment adjustment should be discussed. As noted prior, design phase changes could reduce trunk costs. The council has provided direction to eliminate the funding gap by using Options B and C above. July 2015 4-1 T:\2294-Corcoran\23 - Downtown sewer\feasibility report\Final\Feasibility Report.docx 4.0 Recommendations All improvements addressed within this report are feasible from an engineering perspective. Therefore, it is recommended that: If the proposed improvements are determined by the Council to be feasible and necessary, the City Council should approve this Feasibility Report by Resolution and authorize Plans and Specifications. July 2015 5-1 T:\2294-Corcoran\23 - Downtown sewer\feasibility report\Final\Feasibility Report.docx 5.0 Schedule Following the Improvement Hearing, and if the City so orders the project, the construction will begin in 2016. Assessments will be certified following construction and the formal assessment hearing process. See the following proposed schedule. 2015 June 25 Council called for Public Hearing July 23 Engineer presents Draft Feasibility Study Council holds Public Hearing If Council affirms the project Accept Feasibility Study by Resolution Authorize Plans and Specs October/November Approve Plans and Specs, and Authorize Bidding Note: (Assessment Hearing could be noticed and conducted before Project Award to hear any objections to the amount) December Open bids, authorize Notice of Award 2016 April/May Start construction July Notice and Conduct assessment hearing September 1 Record assessments with County Tables DR A F T Table 1 Cost Estimates Downtown Utility and Street Improvement Project City of Corcoran Item Unit Cost GENERAL MOBILIZATION AND DEMOBILIZATIONLump Sum180,000$ 0.6108,000$ 0.2545,000$ TRAFFIC CONTROL Lump Sum25,000$ 0.512,500$ 0.512,500$ EROSION CONTROL Lump Sum20,000$ 1.530,000$ 0.510,000$ TEMPORARY MAIL BOXES Lump Sum10,000$ 0-$ 110,000$ SMALL UTILITY COORDINATIONLump Sum10,000$ 0.55,000$ 0.55,000$ CLEARING AND GRUBBING Lump Sum10,000$ 0.252,500$ 0-$ WETLAND MITIGATION (PURCHASE BANK CREDIT)Acres60,000$ 0-$ 0-$ WETLAND RESTORATION Acres8,000$ 18,000$ 0-$ RESTORATION Acres5,000$ 3.417,000$ 3.718,500$ SUBTOTAL 183,000$ 101,000$ STREETS RECLAIM EXISTING PAVEMENT Square Yards3$ -$ 1560046,800$ REMOVE EXISTING PAVEMENT Square Yards8$ -$ -$ COMMON EXCAVATION (ONSITE)Cubic Yards6$ -$ 0-$ COMMON EXCAVATION (OFFSITE)Cubic Yards12$ -$ 12301147,616$ TYPE SP 12.5 WEARING COURSE MIXTURE (3,B) (2")Ton80$ -$ 1556124,489$ TYPE SP 12.5 NON WEARING COURSE MIXTURE (3,B) (2")Ton80$ -$ 1556124,489$ BITUMINOUS PATCHING MIXTURE (3,B) (4")Ton125$ -$ 0-$ AGGREGATE BASE CLASS 5 (12")Ton15$ -$ 7381110,712$ AGGREGATE BASE CLASS 5 (12") - PATCHING Ton25$ -$ 0-$ SELECT GRANULAR BORROW (12")Cubic Yards25$ -$ 4100102,511$ GEOTEXTILE Square Yards2$ -$ 1230124,604$ DRIVEWAY APRON - COMMERCIAL Each10,000$ -$ 0-$ DRIVEWAY APRON - STANDARD Each3,500$ -$ 39136,500$ DRIVEWAY APRON - OFF STREET Each5,000$ -$ -$ SUBTOTAL -$ 817,721$ STORM SEWER CONCRETE CURB & GUTTER DESIGN B618 Lineal Foot15$ -$ -$ 4" PVC DRAINTILE Lineal Foot12$ -$ -$ RC STORM SEWER PIPE Lineal Foot50$ -$ -$ CONSTRUCT DRAINAGE STRUCTURE 2'x3' CB Each5,000$ -$ -$ POND CONSTRUCTION Lump Sum100,000$ -$ 0.2525,000$ SUBTOTAL -$ 25,000$ WATERMAIN - LATERAL 8" WATER MAIN PVC C-900 DR-18Lineal Feet40$ 6950278,000$ -$ 8" WATER MAIN PVC C-900 DR-18 - DIRECTIONAL DRILLLineal Feet65$ 0-$ -$ JACKED STEEL CASINGS (3 CROSSINGS) Lineal Feet400$ 300120,000$ -$ INSTALL HYDRANT AND VALVE Each6,000$ 1696,000$ -$ CURB STOPS Each4,000$ 42168,000$ -$ SUBTOTAL 662,000$ -$ WATERMAIN - TRUNK 12" WATER MAIN PVC C-900 DR-18Lineal Feet70$ 1500105,000$ -$ JACKED STEEL CASINGS (1 CROSSINGS) Lineal Feet400$ 10040,000$ -$ SUBTOTAL 145,000$ -$ SANITARY SEWER - LATERAL 8" PVC LATERAL SANITARY SEWER PIPELineal Feet45$ 5020225,900$ -$ 8" PVC LATERAL SANITARY SEWER PIPE - OFF STREETLineal Feet65$ 0-$ -$ SANITARY SEWER SERVICE CONNECTIONSEach3,000$ 42126,000$ -$ INSTALL 4' DIA SANITARY MANHOLEEach5,000$ 1575,000$ -$ SUBTOTAL 426,900$ -$ SANITARY SEWER - TRUNK 18" PVC TRUNK SANITARY SEWER PIPELineal Feet80$ 1500120,000$ -$ IMPROVED PIPE FOUNDATION Lineal Feet25$ 144036,000$ -$ INSTALL 4' DIA SANITARY MANHOLEEach5,000$ 1050,000$ -$ JACKED STEEL CASING (2 CROSSINGS)Lineal Feet400$ 20080,000$ -$ SUBTOTAL 286,000$ -$ INDIRECT COSTS EASEMENTS (STORM)square foot3$ -$ 500015,000$ EASEMENTS (TRUNK UTILITIES)square foot3$ 2620078,600$ -$ EASEMENTS (LATERAL UTILITIES)square foot3$ 49600148,800$ -$ TEMPORARY EASEMENTS (STORM)square foot0.5$ -$ -$ TEMPORARY EASEMENTS (TRUNK UTILITIES)square foot0.5$ 2770013,850$ -$ TEMPORARY EASEMENTS (LATERAL UTILITIES)square foot0.5$ 5520027,600$ -$ Legal, Easements, Appraisals and Negotiations Lump Sum50,000$ 150,000$ 0.15,000$ SUBTOTAL 318,850$ 20,000$ Subtotal $2,021,750$963,721 Contingency (10%)$202,175$96,372 Engineering and Surveying (15%)$333,589$159,015 Estimated Construction Cost $2,557,514$1,219,108$3,776,622 Total Trunk Sewer and Water (not in assessable cost calculation)$657,391 Total Lateral Cost $1,900,123 $1,219,108 TIF funds $1,593,122 Assessable Amount $307,001$1,219,107$1,526,108 Total Benefitting Properties 3828 Per Parcel $8,079 $43,540 No Lift Station Included Sewer and Water Utilities to Downtown Rural Street (26' Width) T:\2294-Corcoran\23 - Downtown sewer\feasibility report\Final\Feasibility Report Table 1 July 2015.xlsx Table 2 Preliminary Assessment Roll Downtown Utility and Street Improvement Project City of Corcoran IDAddressPIDApprox. acresUtilitiesStreet A20175 CR 5026119231200175.3YesNo B20137 CR 5026119231200030.4YesNo C20123 CR 5026119231200020.4YesNo D20113 CR 5026119231200010.4YesNo E20101 CR 5026119231100090.6YesNo F20045 CR 1026119231100080.9YesNo G19905 CR 1026119231100220.8YesNo H7625 CR 11626119231100130.5YesNo I7569 CR 11626119231100161.1YesNo J7555 CR 11626119231100414.7YesNo 120037 CR 1026119231100070.7YesYes 219925 CR 1026119231100483.0YesYes 37630 Commerce St.26119231100470.8YesYes 47610 Commerce St.26119231100460.7YesYes 57631 Commerce St.26119231100191.7YesYes 67591 Commerce St.26119231100202.3YesYes 77575 Commerce St.26119231100431.0YesYes 820110 Auger Ave.26119231200121.2YesYes 920120 Auger Ave.26119231200132.1YesYes 107604 Commerce St.26119231100311.0YesYes 117670 Commerce St.26119231100301.0YesYes 127590 Commerce St.26119231100291.0YesYes 137550 Commerce St.26119231100381.8YesYes 1420055 75th Ave.26119231100371.2YesYes 1520015 75th Ave.26119231100361.2YesYes 1619945 75th Ave.26119231100351.2YesYes 1719925 75th Ave.26119231100391.5YesYes 1819905 75th Ave.26119231100401.5YesYes 1919910 75th ave 26119231400191.6YesYes 2019950 75th Ave 26119231400181.5YesYes 2120010 75th Ave. 26119231400242.5YesYes 2220050 75th Ave.26119231400286.3YesYes 2320150 75th Ave.26119231300135.6YesYes 2420160 75th Ave.26119231300122.6YesYes 257525 Commerce St.26119231400251.1YesYes 267545 Commerce St.26119231100491.7YesYes 2720115 Auger Ave.26119231200151.8YesYes 2820125 Auger Ave.26119231200141.3YesYes 38 parcels28 parcels Feasibility Report Table 2 July 2015 Assessment Roll.xlsx Figures DR A F T LEGEND LEGEND LEGEND LEGEND Toll Free: 800-472-2232 Email: wenckmp@wenck.com Web: wenck.com MINNESOTA COLORADO GEORGIA NORTH DAKOTA SOUTH DAKOTA WYOMING Maple Plain Golden Valley New Hope Denver Roswell Fargo Pierre Cheyenne 763-479-4200 763-252-6800 800-368-8831 602-370-7420 678-987-5840 701-297-9600 605-222-1826 307-634-7848 Windom Woodbury Mandan Sheridan 507-831-2703 651-294-4580 701-751-3370 307-675-1148 Williston 800-472-2232 DR A F T City of Corcoran July 23, 2015 County of Hennepin State of Minnesota RESOLUTION NO. 2015-42 Page 1 of 1 Motion By: Seconded By: RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE DOWNTOWN UTILITY AND STREET IMPROVEMENT PROJECT WHEREAS, the Corcoran City Council is considering a project for street reconstruction, together with sewer and water utilities in the Downtown District; and WHEREAS, a public hearing to consider the feasibility of the project was duly noticed and held on the 23rd day of July, 2015; and WHEREAS, following the public hearing, the City Council found the project to be feasible and necessary. NOW, THEREFORE, the Corcoran City Council RESOLVES: 1) To accept the feasibility study provided by Wenck Associates dated July of 2015 and find the project to feasible and necessary. 2) To order preparation of plans and specifications for the Downtown Utility and Street Improvement Project to be presented to the City Council on or after November 12, 2015. VOTING AYE VOTING NAY Guenthner, Ken Guenthner, Ken Keefe, Mike Keefe, Mike LaFave, Tonya LaFave, Tonya Hank, Pat Hank, Pat Thomas, Ron Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this ___ day of _______ 2015. ___________________________________ Kenneth Guenthner - Mayor ATTEST: ____________________________________ City Seal Jessica Beise– City Clerk/Administrative Services Coordinator Public Hearing Type Improvement Hearing - Downtown Utility Project Hearing July 23rd Date Name Address Phone Larr-(\ UtpJez7 9 9 S- % S O ej v d c T.,'z Page 1 of 1 1 Jessica Beise From:Chad Robran <chadrobran@excelmedsolutions.com> Sent:Tuesday, July 21, 2015 12:08 PM To:Brad Martens Subject:Comments for the open house on Downtown Project Brad, I am not going to be in town for the open house meeting on the downtown project, so I was hoping you will accept these comments as my input for the meeting. Disclosure: Property owner of the Convenience Store on Hwy 116. To Mayor, Council and City staff: First, I thank you for all your time, passion and efforts in city government. I am pleased to know that you have spent many hours reviewing the feasibility of bringing utilities into the current, Corcoran downtown area. I know that there are many moving parts and many different ways to look at this project, not to mention the many opinions surrounding such a big decision. As a property owner in this proposed project I am glad that you are strongly considering this potential project for the businesses that have been an anchor in the community for decades. As a citizen/resident of Corcoran I am glad that you are being fiscally responsible and working through all the consideration. My opinion on this project, and only that, but maybe an opinion with a greater view of the whole community due to my involvement in the City and it’s many organizations over the past 15 years is as follows. The city has done it’s job and has reviewed the finances of this project very well. The city has surveyed as many residents, professionals and business owners as it can. The city has gotten the dollars as close as it ever will. The City is currently in the growth phase of it’s first decade of new development. The City has the right staff, professionals and leadership in place for the first time in years. The City is ready to invest in it’s business owners as the business owners continue to invest in the City. As a business owner you learn quickly to minimize financial risks and then on the flip side you learn quickly that you won’t be in business long if you don’t take financial risks. Well, I believe the City has minimized the financial risk as low as it can on this project, and now it is time to take that small risk and believe in your community and let the community show you as leaders that if you invest in them, they will reinvest in the community and show all of us the growth and prosperity that we know Corcoran has. I believe that this is a small risk and it will never be cheaper for either the City or business owners in the future, if we don’t move forward on this project now and believe and invest in each other. Growth will come in this area if we allow it to. This is a good business decision on the City’s behalf and I believe that if the City leaders move forward with this project, your residents will be proud. Risk and investing should not be scary words, they should be looked at as an opportunity. We are at a crossroads in Corcoran’s future and this is an opportunity. I thank you for your time and consideration. Please feel free to call me anytime if you have questions or want more details on my thoughts. 2 Chad Robran Proud Resident and Business Owner of Corcoran STAFF REPORT Agenda Item 11b. Council Meeting: July 23, 2015 Prepared By: Brad Martens Topic: 2016 Budget Action Required: Direction Summary: Attached to this report is the first draft of the 2016 budget. This budget reflects the direction received at the July 9th City Council meeting as well as department requests. The first draft will continue to be adjusted as additional information is received (example: actual 2016 fire service costs). The first draft of the 2016 budget shows a $173,610 or 5.2% increase over 2015. The following is a description of some of the adjustments from the 2015 budget: Expenditures: Employee compensation o 2% cost of living adjustment o Employer paying for 70% of health insurance plan increase; employee paying 30% of increase Newsletter/Website o $1,250 increase to add a fourth newsletter in 2016 Elections o $5,500 increase to conduct the 2016 election Assessor o $3,044 increase per contract Other General Government o $1,600 increase for recognition program for employe es, elected officials, and appointed officials Dues and Memberships o $3,000 decrease due to removal from Northwest Hennepin Human Services Council and Community Mediation program Planning and Zoning o $2,200 increase to accommodate comprehensive plan amendment related to Hope Community Church property o $10,000 increase to allow for additional ordinance updates IT Technology o $10,943 increase for managed services Engineering o $2,500 increase for MS4/SWPPP reporting Fire o $14,105 increase to project 5% increase from 2015 Page 2 Recycling o $62,000 decrease due to City no longer billing (ties to decrease in revenue) City Clerk/Administrative Staff o Includes new organizational structure o Includes new intern position Transfers to Other Funds o $25,000 increase towards CIP Public Works Building Repair o $2,000 increase for maintenance contracts in new building Public Works Operating Services o $5,000 increase to Dust Control (anticipated increase) o $20,000 increase to Asphalt/Maintenance Patching Police Personnel Services o Includes sixth full-time officer starting July 1, 2016 Police Part-Time o Decreases part-time hours due to sixth full-time officer Police Supplies o $5,200 increase in training, primarily due to driving school training (required every three years) o $5,000 increase in operating supplies ($3,500 to transition taser replacement out of CIP; $1,500 for Night to Unite program) o $1,040 increase in clothing and uniforms (new employee) Debt Service o $27,660 decrease per debt schedule Revenues: Zoning/Subdivision Fees o $6,000 increase based upon experience Police Fines o $15,000 decrease based upon experience Public Works Dust Control o $1,970 increase (50 percent of project costs) Transfer From Other Funds o $61,901 transfer from utility funds to cover costs related to utilities Council should provide feedback to staff and consider calling a work session for August 13th prior to the City Council meeting. Financial/Budget: New improvements in Corcoran have increased the tax capacity for taxes payable in 2016. At the 2015 tax rate, these improve ments would pick up $24,264 of the increase. The remaining would be spread among existing properties. Page 3 Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Options: 1) Comment on draft budget and consider scheduling a work session for August 13, 2015. Recommendation: Comment on draft budget and consider scheduling a work session for August 13, 2015. Council Action: Comment on draft budget and consider scheduling a work session for August 13, 2015. Attachments: 1. 2016 Budget – Draft 1 11b. 1 1 CITY OF CORCORAN 2016 DRAFT BUDGET 2 2016 7/13/2015 3 OSA LINE ITEM CODE DESCRIPTION OF EXPENDITURE 2012 ACTUAL 2013 ACTUAL 2014 ACTUAL 2015 BUDGET 2016 BUDGET BUDGET DIFFERENCE 2015/2016 4 CITY HALL DEPARTMENTS COMMENTS 5 City Council 6 41100-100 Wages & Salaries 6,600 6,600 6,600 6,600 6,600 -$ 7 41100-122 FICA / SS 409 409 409 409 409 -$ 8 41100-126 Medicare 96 96 96 96 96 -$ 9 41100-208 Training 1,000 1,000 -$ 10 41100-210 Operating Expense - - - - - -$ 11 41100-364 Workers' Compensation 32 41 54 104 75 (29)$ 12 7,137 7,146 7,159 8,209 8,180 (29) 13 14 News Letter/Website 15 41130-351 News letter, Misc literature 4,062 4,482 4,283 4,750 6,000 1,250$ Additional newsletter 17 41130-354 Website 700 700 750 700 1,500 800$ Website improvements 18 4,762 5,182 5,033 5,450 7,500 2,050 19 20 Elections 21 41410-210 Operating Supplies 6,263 1,397 8,733 1,500 7,000 5,500$ 2016 Presidential election 22 6,263 1,397 8,733 1,500 7,000 5,500 23 24 Auditor 25 41540-300 Professional Services 16,675 19,352 18,650 20,000 20,000 -$ Abdo, Eick & Meyers 26 Financial Services 5,486 3,640 8,100 6,000 6,000 -$ Other finacial services 29 22,161 22,992 26,750 26,000 26,000 - 30 31 Assessor 32 41550-210 Operating Supplies 929 960 882 1,000 1,000 -$ 33 41550-300 Professional Services 49,284 50,203 53,708 55,956 59,000 3,044$ 34 50,213 51,163 54,590 56,956 60,000 3,044 35 36 Attorney 37 41600-300 Professional Services 22,353 30,865 16,527 31,000 31,000 -$ 38 22,353 30,865 16,527 31,000 31,000 - 39 45 Other General Government 49 41900-210 Operating Supplies 31 6,573 2,723 3,000 4,600 1,600$ Recogntion Program-employee, elected/appointed official 50 41900-300 Professional Srvs 21,041 25,721 15,244 4,000 4,000 -$ Financial planning 52 41900-360 Insurance 18,806 54,412 64,813 67,400 67,400 -$ 53 41900-430 Misc Banking Charges - - - - -$ 54 41900-433 Dues & Memberships 24,454 26,709 28,327 30,000 27,000 (3,000)$ Remove NWHHSC and Community Mediation 64 41900-810 Refunds/Reimbursements - - - -$ 65 64,332 113,416 111,106 104,400 103,000 (1,400) 66 67 Planning & Zoning 68 41910-210 Operating Supplies 589 3,394 1,000 1,000 -$ PH notices, labels, postage 69 41910-300 Professional Services 41,728 42,089 44,691 50,000 62,200 12,200$ Comp. Plan Amend. (Hope Minnistries) 71 41,728 42,678 48,086 51,000 63,200 12,200 72 73 City Hall Operating Expenses 74 41941-200 Office Supplies 1,978 2,462 2,554 3,000 3,000 -$ 75 41941-201 Postage/Shipping 1,628 2,424 2,339 3,000 3,000 -$ 76 41941-207 Computer / Copier Supplies 2,424 2,615 2,162 3,000 3,000 -$ Loffler contract 77 41941-210 Operating Supplies 12,497 16,043 12,443 15,000 15,000 -$ Cintas, Zep, Adams, Wilmar Water 78 41941-300 Professional Services 15,385 7,668 8,039 9,000 9,000 -$ Admin fees (Paychex), Ordinance Codification 79 41941-321 Telephone 2,182 2,189 2,069 3,000 3,000 -$ 80 41941-352 Gen. Notices Public Hearing information 2,235 2,797 952 2,000 2,000 -$ Crow River News Total City Council Total Elections Total Newsletter & Web Total Assessor Total Auditor Total City Attorney Total Other Government Total Planning & Zoning 11b. 2 1 CITY OF CORCORAN 2016 DRAFT BUDGET 2 2016 7/13/2015 3 OSA LINE ITEM CODE DESCRIPTION OF EXPENDITURE 2012 ACTUAL 2013 ACTUAL 2014 ACTUAL 2015 BUDGET 2016 BUDGET BUDGET DIFFERENCE 2015/2016 81 41941-364 Workers Comp Insur. ( Misc. Vol. Commissioners Staff)- - - 25 25 -$ 82 41941-380 Utilities / Outside Services 12,833 15,121 15,561 15,500 15,500 -$ Center Point, Randys, Wright Henn Elec, Wright Henn Security 83 41941-400 Repairs /Maintenance Bldg.9,817 8,112 10,175 12,000 12,000 -$ General maintenance 84 41941-430 Misc. Banking Charge 64 4 281 - 300 300$ 85 41941-520 Buildings & Structures 4,053 3,451 5,000 5,000 -$ Facility repairs 86 41941-810 Refunds/Reimbursements 983 -$ 87 61,042 63,488 61,008 70,525 70,825 300 88 89 IT Technology 91 41951-207 Computer / Supplies 7,580 9,723 10,800 22,757 25,300 2,543$ Annual license renewal 92 41951-210 Operating Supplies 1,252 2,371 1,500 1,500 -$ Hardware/Software 93 41951-300 Professional Supplies 4,897 7,198 13,100 21,500 8,400$ Managed services 94 41951-530 Facility Assets 8,584 - 6,500 6,500 -$ 95 7,580 24,456 20,369 43,857 54,800 10,943 96 97 Engineering 99 43170-300 Professional Services 53,365 38,592 41,751 45,000 47,500 2,500$ MS4 & SWPPP 100 53,365 38,592 41,751 45,000 47,500 2,500 101 102 Fire 103 42200-300 Professional Services 242,083 236,478 240,222 275,895 290,000 14,105$ Estimated 106 242,083 236,478 240,222 275,895 290,000 14,105 107 108 Building Inspections 109 42400-300 Professional Services 9,421 24,023 107,195 74,000 74,000 -$ 110 42400-437 Surcharges 1,727 3,812 3,754 11,000 11,000 -$ 111 11,148 27,835 110,949 85,000 85,000 - 112 113 Recycling 114 43232-210 Operating Supplies 827 797 1,025 1,000 - (1,000)$ 115 43232-300 Professional Services 64,743 67,420 69,722 69,000 8,000 (61,000)$ Provider to manage billing 116 65,570 68,217 70,748 70,000 8,000 (62,000) 117 118 659,736 733,904 823,029 874,792 862,005 (12,787) 119 120 City Administrator 121 41300-100 Wages & Salaries 92,519 117,644 93,398 92,912 99,757 6,845$ 122 41300-121 PERA 6,708 8,313 6,779 6,736 7,482 746$ 123 41300-122 FICA / SS 5,148 6,639 5,418 5,761 6,185 424$ 124 41300-126 Medicare 1,312 1,444 1,267 1,347 1,446 99$ 126 41300-131 Employer Paid Health 13,959 17,622 16,894 15,567 17,643 2,076$ Life, A/D, LTD, STD, FSA/HSA, Health 130 41300-208 Training 1,813 1,321 3,906 4,000 4,000 -$ 136 41300-210 Operating Supplies 492 868 980 700 700 -$ 138 41300-364 Workers' Compensation (683) 354 477 753 600 (153)$ 139 41300-433 Dues & Memberships 848 873 112 850 850 -$ 142 122,114 155,078 129,230 128,626 138,663 10,037 143 144 City Clerk / Administrative Staff 145 41400-100 Wages & Salaries 135,247 127,511 120,570 118,212 173,920 55,708$ 146 41400-110 Overtime 1,827 1,979 569 2,000 1,000 (1,000)$ 147 41400-121 PERA 9,922 8,722 8,709 8,716 12,723 4,007$ 148 41400-122 FICA / SS 8,883 8,428 7,042 7,453 10,845 3,392$ 149 41400-126 Medicare 2,078 1,971 1,654 1,744 2,536 792$ 151 41400-131 Employer Paid Health 23,363 21,871 31,133 32,068 52,928 20,860$ Life, A/D, LTD, STD, FSA/HSA, Health 155 41400-208 Training 830 1,835 524 2,500 4,000 1,500$ 156 41400-210 Operating Supplies 404 457 187 500 750 250$ Mileage Total IT Technology Total City Hall Operating Total Fire Services Total Building Inspections TOTAL CITY HALL Total City Administrator Total Recycling Total Engineering 11b. 3 1 CITY OF CORCORAN 2016 DRAFT BUDGET 2 2016 7/13/2015 3 OSA LINE ITEM CODE DESCRIPTION OF EXPENDITURE 2012 ACTUAL 2013 ACTUAL 2014 ACTUAL 2015 BUDGET 2016 BUDGET BUDGET DIFFERENCE 2015/2016 158 41400-364 Workers' Compensation Insurance 1,216 1,064 954 1,344 1,400 56$ 159 41400-433 Dues & Memberships 35 70 35 150 500 350$ 160 183,804 173,908 171,376 174,687 260,602 85,915 161 162 Code Enforcement 163 41920-100 Wages & Salaries 7,543 42,876 50,605 53,186 59,550 6,364$ 164 41920-110 Overtime - 371 - 1,000 1,000 -$ 165 41920-121 PERA 503 3,077 3,686 3,928 4,541 613$ 166 41920-122 FICA / SS 445 3,000 3,505 3,360 3,754 394$ 167 41920-126 Medicare 104 702 820 786 878 92$ 169 41920-131 Health Insurance - 6,426 7,234 16,387 17,643 1,256$ Life, A/D, LTD, STD, FSA/HSA, Health 171 41920-208 Training 525 750 750 -$ 172 41920-210 Operating Supplies 1,054 708 650 1,000 1,000 -$ 176 41920-364 Workers' Compensation 477 417 417 -$ 177 41920-417 Uniform 100 100 250 250 250 -$ 178 41920-433 Dues & Membership - - - 100 100 -$ 179 10,276 57,260 67,752 81,164 89,883 8,719 184 185 Transfers to/from Other Funds 187 49360-720 Operating Transfers 244,278 -$ 188 41900-700 Transfer to other funds - 25,000 50,000 25,000$ CIP 189 41900-700 Transfer to other funds - 10,000 10,000 -$ Reserve contribution 190 244,278 35,000 60,000 25,000 191 19 975,930 1,120,151 1,435,665 1,294,269 1,411,153 116,884 192 193 PUBLIC WORKS 194 PERSONNEL SERVICES 195 43100-100 Full-time - Regular 269,477 268,973 281,533 283,606 305,571 21,965$ 196 43100-110 Full-time - Overtime 17,020 26,179 27,202 20,000 20,000 -$ Includes $1,000 for Country Daze 197 43100-121 PERA 20,839 21,104 21,519 22,011 24,418 2,407$ 198 43100-122 FICA / SS 16,695 17,244 17,934 18,824 20,185 1,361$ 199 43100-126 Medicare 3,954 3,983 4,194 4,402 4,721 319$ 201 43100-131 Employer Paid Health 61,921 47,773 74,089 78,656 88,213 9,557$ Life, A/D, LTD, STD, FSA/HSA, Health 205 43100-140 Unemployment Compensation 4,057 - - - -$ 206 43100-364 Workers' Compensation Insurance 20,996 17,899 14,706 19,364 19,000 (364)$ 207 43100-417 Uniforms 5,874 6,345 6,349 7,000 7,000 -$ 208 416,777 413,557 447,525 453,863 489,108 35,245 209 210 OPERATING EXPENSE 212 43100-208 Training and Instruction 3,739 2,191 1,400 4,000 4,000 -$ 213 43100-210 Operating Supplies 21,091 21,767 28,361 25,000 25,000 -$ 214 43100-212 Motor Fuels 37,195 40,466 43,343 40,000 40,000 -$ 215 43100-220 Repair/ Main. Supplies 22,147 19,341 17,344 25,000 25,000 -$ 216 43100-223 Building Repair 332 3,890 6,337 4,500 6,500 2,000$ Maintenance contracts (HVAC, fire suppresion, etc.) 217 43100-300 Professional Services 2,100 2,216 2,100 2,100 2,100 -$ 218 43100-321 Telephone 5,005 3,868 7,379 8,000 8,000 -$ 220 43100-380 Utility services 7,726 14,211 26,562 30,000 30,000 -$ 222 43100-810 Refunds/Reimbursements - 60 313 30,000 - 0 223 99,335 108,010 133,138 138,600 140,600 2,000 224 225 CITY OPERATING SERVICES 226 43100-222 Seal Coating 40,286 - 51,555 60,000 60,000 -$ 227 43100-225 Land Scape/Ditch Maintenance 9,179 9,807 12,461 10,000 10,000 -$ 228 43100-226 Sign Repair Material 4,149 6,146 5,852 6,000 6,000 -$ 229 43100-227 Crack Filling 12,564 9,426 807 10,000 10,000 -$ Total Public Works Personnel Total Administrative Staff Total Code Enforcement Total Administration Total Public Works Operating Expense Total Transfers to/from other funds 11b. 4 1 CITY OF CORCORAN 2016 DRAFT BUDGET 2 2016 7/13/2015 3 OSA LINE ITEM CODE DESCRIPTION OF EXPENDITURE 2012 ACTUAL 2013 ACTUAL 2014 ACTUAL 2015 BUDGET 2016 BUDGET BUDGET DIFFERENCE 2015/2016 230 43100-228 Dust Control 94,301 102,689 114,305 110,000 115,000 5,000$ 231 43100-229 Culverts 11,132 209 4,544 10,000 10,000 -$ 234 43100-232 Gravel 117,765 118,592 127,333 130,000 130,000 -$ 235 43100-233 Asphalt/Maintenance patching 143,634 116,912 128,335 130,000 150,000 20,000$ Increased need 236 43100-381 Signal Lights/street lights 2,142 3,922 3,676 4,000 4,000 -$ 237 435,153 367,704 448,869 470,000 495,000 25,000 238 239 PARKS PERSONNEL SERVICES 240 45200-100 Wages and Salaries 17,205 23,463 23,182 36,788 33,527 (3,261)$ 241 45200-110 Overtime 477 450 728 - -$ 243 45200-122 FICA / SS 1,098 1,481 1,482 2,281 2,079 (202)$ 244 45200-126 Medicare 257 346 347 533 486 (47)$ 247 45200-364 Workers' Compensation Insurance (1,815) 947 2,556 1,957 2,250 293$ 248 17,222 26,687 28,295 41,559 38,342 (3,217) 249 250 PARKS OPERATING EXPENSES 251 45200-210 Operating Supplies 9,314 25,518 8,790 15,000 15,000 -$ 253 45200-221 Maintenance Project 13,592 13,946 12,752 15,000 15,000 -$ 254 45200-300 Professional Services 400 -$ 255 45200-321 Telephone 614 652 609 700 700 -$ 256 45200-380 Utility services 4,572 6,330 4,503 8,000 8,000 -$ 257 45200-530 Improvements Other than Bldg 36,221 32,599 37,302 37,302 37,302 -$ NW Trails Snowmobile expense pass thru to 100-45200-33422 259 45200-810 Refunds/Reimbursements - - 145 -$ 260 64,312 79,046 64,502 76,002 76,002 - 261 262 25 81,534 105,733 92,797 117,561 114,344 (3,217) 263 264 Ice & Snow Removal 265 43125-210 Snow and Ice Removal 23,935 39,361 32,904 30,000 30,000 -$ Salt and Sand 266 21 23,935 39,361 32,904 30,000 30,000 - 267 268 1,056,733 1,034,366 1,155,233 1,210,024 1,269,052 59,028 269 270 POLICE 271 PERSONNEL SERVICES 272 POLICE 273 42100-100 Wages and Salaries 507,594 522,277 539,647 540,766 552,886 12,120$ 274 42100-110 Overtime 1,507 2,283 12,596 9,500 10,450 950$ Includes $1,000 for Country Daze 275 42100-111 Overtime Events 10,756 14,178 11,723 10,000 12,000 2,000$ Pass thru funds only 100-42100-34201 276 42100-121 PERA 74,884 77,456 79,514 90,492 89,568 (924)$ 278 42100-126 Medicare 7,615 8,080 8,178 8,100 8,168 68$ 280 42100-131 Employer Paid Health 77,650 78,945 99,126 111,823 123,498 11,675$ 284 42100-364 Workers' Compensation 7,456 15,029 19,201 26,516 25,000 (1,516)$ 285 687,472 718,248 769,985 797,197 821,570 24,373 286 287 PART TIME 288 42101-100 Wages and Salaries 75,072 87,686 84,582 78,100 61,350 (16,750)$ 290 42101-111 Overtime Events 6,353 3,766 3,872 5,000 5,000 -$ Pass thru funds only 100-42100-34201 291 42101-121 PERA 1,851 2,183 1,534 2,100 1,100 (1,000)$ 292 42101-122 FICA / SS 4,252 4,730 4,862 4,842 3,000 (1,842)$ 293 42101-126 Medicare 1,181 1,326 1,283 1,132 890 (242)$ 295 88,708 99,691 96,134 91,174 71,340 (19,834) 296 297 POLICE ADMINISTRATION 298 42102-100 Wages and Salaries 39,515 42,309 45,194 47,507 50,237 2,730$ Total Public Works City Operating Services TOTAL PUBLIC WORKS & PARKS Total Police Personnel Services Total Part Time Total Snow & Ice Total Parks Total Parks Personnel Total Parks Operating Expense 11b. 5 1 CITY OF CORCORAN 2016 DRAFT BUDGET 2 2016 7/13/2015 3 OSA LINE ITEM CODE DESCRIPTION OF EXPENDITURE 2012 ACTUAL 2013 ACTUAL 2014 ACTUAL 2015 BUDGET 2016 BUDGET BUDGET DIFFERENCE 2015/2016 299 42102-110 Overtime 15 - - 500 500 -$ 300 42102-121 PERA 2,878 3,028 3,280 3,601 3,805 204$ 301 42102-122 FICA / SS 2,671 2,850 3,081 2,976 3,146 170$ 302 42102-126 Medicare 625 667 721 696 736 40$ 304 42102-131 Employer Paid Health 1,392 6,774 7,183 16,387 17,643 1,256$ 306 51,604 55,627 59,458 71,667 76,067 4,400 307 308 SUPPLIES 309 42100-200 Office Supplies 5,237 4,751 5,232 5,000 5,000 -$ 310 42100-201 Postage 354 152 414 250 250 -$ 311 42100-208 Training Classes and Supplies 11,010 9,677 9,680 11,600 16,800 5,200$ Lexipol, driving school 312 42100-209 Police Reserves Equipment 3,120 3,499 1,010 3,500 3,500 -$ 313 42100-210 Operating Supplies 4,185 3,279 3,437 4,000 9,000 5,000$ Taser purchases (transition out of CIP) and Night to Unite 314 42100-212 Motor Fuels 39,115 37,363 22,875 37,000 37,000 -$ 315 42100-417 Clothing and Uniforms 7,768 6,439 11,132 9,960 11,000 1,040$ 316 42100-433 Dues and Memberships 870 1,470 1,145 1,200 1,500 300$ TLO Membership (online database) 317 42100-810 Refunds/Reimbursements (33,747) -$ 318 71,660 66,630 21,177 72,510 84,050 11,540 319 320 CONTRACTUAL SERVICES 321 42100-220 Maintenance - Motor Vehicle 13,397 9,244 7,241 8,000 8,000 -$ 322 42100-223 Building Maintenance and Repairs 3,711 3,403 4,432 3,000 3,500 500$ 323 42100-300 Professional Services 40 30 40 250 1,000 750$ 324 42100-301 Prisoner - Professional Fees 5,370 13,801 5,843 8,000 8,000 -$ 325 42100-304 Legal Services 25,869 30,320 18,894 27,500 27,500 -$ 326 42100-321 Telephone 7,245 6,903 7,955 7,200 7,200 -$ 327 42100-323 Radio Units 11,420 13,975 13,920 15,300 15,300 -$ 328 42100-380 Utility Services / Civil Defense/Emergency Management 2,141 3,559 4,493 4,000 4,000 -$ 329 69,193 81,237 62,818 73,250 74,500 1,250$ 330 331 20 968,636 1,021,432 1,009,572 1,105,798 1,127,527 21,729$ 332 333 334 3,001,299 3,175,949 3,600,470 3,610,091 3,807,732 197,641 335 Total Contractual Services Total Police Supplies Total Police Administration COMBINED DEPARTMENT TOTAL EXPENDITURES TOTAL POLICE 11b. 6 1 CITY OF CORCORAN 2016 DRAFT BUDGET 2 2016 7/13/2015 3 OSA LINE ITEM CODE DESCRIPTION OF EXPENDITURE 2012 ACTUAL 2013 ACTUAL 2014 ACTUAL 2015 BUDGET 2016 BUDGET BUDGET DIFFERENCE 2015/2016 336 Debt Service 337 Equipment Certificate Fund 338 344 Principal & Interest-2008 220,170 208,726 99,661 100,219 99,614 345 Principal & Interest-2010 61,833 60,658 61,459 346 Principal & Interest-2012 44,555 44,295 44,035 347 Principal & Interest-2014 55,640 50,601 348 Total Principal & Interest 206,049 260,812 255,709 349 Required 5% overage 11,009 10,436 10,302 13,041 12,785 350 Total 231,179 219,162 216,351 273,853 268,494 (5,358)$ 358 359 Facility Expansion (PD) #307 & #407 362 Principal & Interest 41,412 40,828 41,178 20,440 - (20,440)$ 363 Required 5% Overage 2,071 2,041 2,059 1,022 - (1,022)$ 364 Total 43,483 42,869 43,237 21,462 - (21,462)$ 365 366 Facility Expansion (Public Works) 2012B 367 Principal & Interest 65,000 98,888 138,488 137,688 (800)$ 368 Required 5% Overage 3,250 4,944 6,924 6,884 (40)$ 369 Total 68,250 103,832 145,412 144,572 (840)$ 370 376 377 COMBINED DEBT SERVICE EXPENDITURES 274,662 330,281 363,420 440,727 413,067 (27,660)$ 378 11b. 7 1 CITY OF CORCORAN 2016 DRAFT BUDGET 2 2016 7/13/2015 3 OSA LINE ITEM CODE DESCRIPTION OF EXPENDITURE 2012 ACTUAL 2013 ACTUAL 2014 ACTUAL 2015 BUDGET 2016 BUDGET BUDGET DIFFERENCE 2015/2016 379 REVENUES 2012 ACTUAL 2013 ACTUAL 2014 ACTUAL 2015 ACTUAL 2016 BUDGET BUDGET DIFFERENCE 2015/2016 380 GENERAL FUND REVENUE 381 382 GENERAL GOVERNMENT 383 3 41900-31810 Cable Franchise Fee 38,196 39,489 40,321 40,000 40,000 -$ 384 5 41900-32110 Liquor Licenses Fees 18,270 18,300 18,270 18,250 18,250 -$ 385 41900-33402 Homestead Credit 10,543 11,405 -$ 386 41900-33403 Mobile Homestead Credit -$ 387 7 41900-33420 AG Preserve Credit 5,825 8,414 5,000 5,000 -$ 388 7 41900-33421 PERA State Aid 1,845 1,845 1,845 1,845 1,845 -$ 389 41900-33422 Other Grants and Aid - 7,058 -$ 390 41900-34000 Charges for Services 95 102 -$ 391 10 41900-34103 Zoning / Subdivision Fees 7,180 37,805 25,785 6,000 12,000 6,000$ 392 10 41900-34105 Copies / Maps 108 338 187 150 150 -$ 393 10 41900-34107 Assessment Search 50 100 25 50 50 -$ 394 10 41900-34108 TIF Administrative Fees 8,500 12,000 - 8,000 8,000 -$ 395 41900-34110 Escrow Administrative Fees -$ 396 10 41900-34405 Clean up day Income 709 675 1,425 675 675 -$ 397 13 41900-36200 Miscellaneous Revenue 18,635 16,075 10,775 2,500 2,500 -$ 398 12 41900-36210 Interest Earnings 1,953 1,028 427 2,000 2,000 -$ 399 13 41900-36217 Sale of Assets - -$ 400 13 41900-36220 Rents / Royalties 10,848 10,848 9,840 9,840 9,840 -$ Crop Rentals 401 13 41900-36230 Donations 4,575 1,300 1,251 1,000 1,000 -$ 402 41900-36233 Refunds/Reimbursements - (118) -$ 403 CODE ENFORCEMENT -$ 404 41920-32100 Business/License Fee -$ 405 41920-34000 Charges for Services -$ 406 CITY HALL OPERATIONS -$ 408 10 41941-34101 Facility Rental 5,890 6,095 6,700 5,000 6,000 1,000$ 409 13 41941-36200 Miscellaneous Revenue 1,229 2,786 983 1,000 1,000 -$ 410 PUBLIC SAFETY -$ 412 9 42100-33423 Police Town Aid 45,308 43,431 53,312 45,000 45,000 -$ 413 9 42100-33424 Police Training & POST 3,321 3,759 3,862 3,700 3,700 -$ 414 9 42100-33620 Other Grants and Aid/Safe & Sober 11,939 12,283 12,842 7,500 10,000 2,500$ Pass through only - Area traffic project (42100-111) 415 5 42100-34200 Police Permits 2,417 2,054 2,392 2,000 2,000 -$ 416 10 42100-34201 Police Service Charge 7,163 10,053 9,748 7,500 7,500 -$ Pass through only - Contractural events (42100-111) 417 10 42100-34202 Police Reports / Misc. Fees 756 929 784 1,000 1,000 -$ 419 11 42100-35101 Fines 80,338 58,194 42,278 60,000 45,000 (15,000)$ Updated projection 420 42100-36200 Miscellaneous Revenue 3,713 - 1,080 - - -$ 421 42100-36230 Donations - - - - - -$ 422 42100-36233 Refunds/Reimbursements 9,481 -$ 423 BUILDING INSPECTION -$ 424 5 42400-32210 Building Permit Fees 56,021 141,224 114,137 193,000 193,000 -$ 425 PUBLIC WORKS -$ 426 8 43100-33418 MSA Road Maint. Fund 126,236 125,051 130,468 120,000 120,000 -$ 427 10 43100-34300 Public Works Permits / Fees 3,930 2,670 2,430 3,000 3,000 -$ 428 10 43100-34301 Dust Control 73,170 64,533 53,697 55,530 57,500 1,970$ 50% of expenses assessed 429 43100-36100 Special Assessments 20,295 -$ 430 43100-36200 Miscellaneous Revenue 16,789 117,806 2,663 - - -$ 431 43100-36233 Refunds/Reimbursements - - - - -$ 432 ICE & SNOW REMOVAL -$ 433 13 43125-36200 Miscellaneous Revenue - 7,926 8,000 8,000 -$ 434 RECYCLING -$ 435 9 43232-33610 County Recycling Grant 14,820 14,808 14,845 14,500 14,500 -$ 436 13 43232-34400 Recycling Income 60,531 61,932 60,555 62,000 - (62,000)$ Provider to manage billing 437 43232-36200 Miscellaneous Revenue -$ 11b. 8 1 CITY OF CORCORAN 2016 DRAFT BUDGET 2 2016 7/13/2015 3 OSA LINE ITEM CODE DESCRIPTION OF EXPENDITURE 2012 ACTUAL 2013 ACTUAL 2014 ACTUAL 2015 BUDGET 2016 BUDGET BUDGET DIFFERENCE 2015/2016 438 PARKS -$ 439 9 45200-33422 Other State Grant 36,221 32,599 37,302 37,302 37,302 -$ Snowmobile trail grant 440 10 45200-34101 Facility Rental 1,996 1,585 1,290 1,000 1,000 -$ 441 45200-36200 Miscellaneous Revenue 63 13,550 25 -$ 442 45200-36230 Donations 3,914 2,485 900 - - -$ 443 45200-36233 Refunds/Reimbursements -$ 444 TRANSFERS TO/FROM OTHER FUNDS -$ 445 49360-39200 Transfer from Other Fund 61,901 61,901$ Utility funds 446 447 TOTAL OTHER REVENUES 683,217 875,407 709,228 722,342 718,713 (3,629) 448 451 41900-33422 Local Government Aid - 10,908 10,908 -$ Estimate until July 2015 452 41900-31100 General Property Taxes 2,511,817 2,590,453 2,776,339 2,876,841 3,078,111 201,270$ 7.00% 453 454 TOTAL PROPERTY TAX REVENUE 2,739,529 2,590,453 2,776,339 2,887,749 3,089,019 201,270$ 6.97% 455 456 TOTAL GENERAL FUND REVENUE 3,422,746 3,465,860 3,485,567 3,610,091 3,807,732 197,641$ 457 458 TOTAL DEBT SERVICE TAX LEVY 274,662 330,281 363,420 440,727 413,067 (27,660)$ 2016 Bond schedule + 5% 459 460 TOTAL ALL REVENUES 3,697,407 3,796,141 3,848,987 4,050,818 4,220,799 169,981$ 461 462 TOTAL ALL EXPENSES 3,275,960 3,506,230 3,963,890 4,050,818 4,220,798 169,981$ 463 464 465 REVENUE - EXPENSE 421,447 289,911 (114,903) 0 0 0$ 466 467 468 Estimated Year End Reserve (114,903) 10,000 10,000 -$ Allocated transfer from 41900-700 469 470 471 TOTAL CERTIFIED LEVY (INCLUDES DEBT SERVICE)2,781,119 2,934,737 3,106,700 3,317,568 3,491,178 173,610$ 5.23% 472 473 TOTAL PROPERTY TAX LEVY 2,506,458 2,604,456 2,743,280 2,876,841 3,078,111 201,270$ 474 475 TOTAL PROPERTY TAX COLLECTED 2,511,817 2,579,455 2,776,339 STAFF REPORT Agenda Item 11c. Council Meeting: July 23, 2015 Prepared By: Brad Martens Topic: Capital Improvement Plan Action Required: Direction Summary: Attached to this report is the first draft of a Capital Improvement Plan which will evolve into a complex document with additional information by early 2016. The purpose of bringing it to the Council now is a need to place an order for a snowplow dump truck this fall to receive shipment in fall 2016. The following guidelines were used in establishing the Capital Improvement Plan: Minimum value of $5,000 Minimum life expectancy of five years When inputting costs, use 2015 dollars; an escalator can be placed in the spreadsheet later Does not include trade-in value; this will be included in later versions Does not include additional equipment that will be required as the City grows in population It is requested that the City Council review the document and provide any feedback on the schedule as recommended by staff. It is anticipated that staff will bring back the 2016-2017 Capital Improvement Plan purchases at an August meeting. Financial/Budget: The Capital Improvement Plan projects future costs required to replace equipment necessary for providing City services. Currently the City is increasing its levy annually in order for these equipment needs to be purchased without the issuance of debt. Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Options: 1) Comment on the draft Capital Improvement Plan Page 2 Recommendation: Comment on the draft Capital Improvement Plan Council Action: Comment on the draft Capital Improvement Plan Attachments: 1. 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s 20 2 2 J o h n De e r e 15 4 5 Fr o n t Mo w e r 2 0 0 7 1 5 ye a r s 20 2 3 V a l b y Cl a m At t a c h m e n t ‐Sk i d Lo a d e r 2 0 0 8 1 5 ye a r s 20 2 3 W o o d s m a n Ch i p p e r 2 0 0 8 1 5 ye a r s 20 2 3 J o h n De e r e Gr a d e r 2 0 0 8 1 5 ye a r s 20 2 3 M a c k Ta n d e m Ax l e Du m p Tr u c k 2 0 1 3 1 0 ye a r s $ 2 3 0 , 0 0 0 20 2 4 J o h n De e r e 61 2 5 r Tr a c t o r 2 0 1 4 1 0 ye a r s 20 2 4 J o h n De e r e 47 2 0 Tr a c t o r 2 0 1 4 1 0 ye a r s 20 2 4 D a l c o Fl o o r Sw e e p e r 2 0 1 4 1 0 ye a s 20 2 5 W R T 15 Wh e e l Ro l l e r 2 0 0 0 2 5 ye a r s 20 2 5 C i t y Bu i l t Tr a i l e r 2 0 0 5 2 0 ye a r s B u i l t by Pu b l i c Wo r k s 20 2 5 F e l l i n g Tr a i l e r 2 0 1 0 1 5 ye a r s 20 2 5 G M C Pi c k u p 2 0 1 5 1 0 ye a r s 20 2 5 L a n d a Pr e s s u r e Wa s h e r 2 0 0 5 2 0 ye a r s 20 2 6 S t e r l i n g Ta n d e m Ax l e Du m p Tr u c k 2 0 1 6 1 0 ye a r s 20 2 6 S n o w b l o w e r fo r tr a c t o r 2 0 1 6 1 0 ye a r s 20 2 7 J ‐Cr a f t Gr a v e l Pu p 2 0 0 7 2 0 ye a r s Pu b l i c Wo r k s ‐ Pa r k s 20 2 7 K u b o t a Ex c a v a t o r 2 0 1 2 1 5 ye a r s 20 2 7 R o a d Wi d e n e r Sh o u l d e r Ma c h i n e 2 0 1 2 1 5 ye a r s 20 2 8 L e e b o y 85 1 0 Pa v e r 2 0 0 8 2 0 ye a r s 20 2 8 J o h n De e r e 99 7 Mo w e r 2 0 1 3 1 5 ye a r s 20 2 8 J o h n De e r e Mo w e r Tr a c t o r 2 0 1 8 1 0 ye a r s 20 2 9 W R T 15 Wh e e l Ro l l e r 2 0 0 4 2 5 ye a r s 20 2 9 L e e b o y Ta c k ‐Tr a i l e r 2 0 0 9 2 0 ye a r s 20 2 9 J o h n De e r e 15 4 5 Fr o n t Mo w e r 2 0 1 4 1 5 ye a r s 20 2 9 F l e x Mo w e r 2 0 1 9 1 0 ye a r s 20 3 0 F e l l i n g Tr a i l e r 2 0 1 5 1 5 ye a r s 20 3 0 T a n d e m Ax l e Du m p Tr u c k 2 0 2 0 1 0 ye a r s 20 3 0 S n o w p l o w 2 0 2 0 1 0 ye a r s 20 3 1 B r a d c o Tr e n c h e r At t a c h m e n t ‐Sk i d Lo a d e r 2 0 1 1 2 0 ye a r s Po l i c e Re p l a c e m e n t Ye a r D e s c r i p t i o n of It e m Be i n g Re p l a c e d Y e a r Ac q u i r e d U s e f u l Li f e R e p l a c e m e n t Co s t (2 0 1 5 ) N o t e s 20 1 6 F o r d Cr o w n Vi c (5 5 6 ) 2 0 1 1 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 1 6 F o r d SU V Ex p l o r e r (5 5 7 ) 2 0 1 2 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 1 6 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 20 1 6 T a s e r s (6 ) 5 ye a r s $ 7 , 0 0 0 20 1 7 F o r d SU V Ex p l o r e r (5 5 8 ) 2 0 1 3 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 1 7 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 20 1 7 S a f e (E v i d e n c e Ro o m ) N / A 3 0 ye a r s $ 3 , 0 0 0 20 1 8 F o r d SU V Ex p l o r e r (5 5 9 ) 2 0 1 4 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 1 8 F o r d SU V Ex p l o r e r (5 6 0 ) 2 0 1 4 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 1 8 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 20 1 8 R e p l a c e AE D ' s x 10 v a r i e s 1 0 ye a r s $ 2 5 , 0 0 0 20 1 9 M D C s ‐ re p l a c e sq u a d co m p u t e r s V a r i e s 7 ‐10 ye a r s $ 5 0 , 0 0 0 R e q u i r e d up g r a d e to co n n e c t to HC Di s p a t c h Hardware/Software 20 1 9 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 20 1 9 F o r d SU V Ex p l o r e r 20 1 5 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 1 9 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 20 2 0 S p e e d / Me s s a g e Tr a i l e r 20 0 5 1 5 ye a r s $ 2 8 , 0 0 0 20 2 0 F o r d SU V Ex p l o r e r (5 6 2 ) 2 0 1 5 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 0 F o r d SU V Ex p l o r e r (5 6 3 ) 2 0 1 6 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 0 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 20 2 1 R a n g e Im p r o v e m e n t s 1 9 9 4 / 20 1 1 2 0 ye a r s $ 3 5 , 0 0 0 A d d e d Sa f e t y ‐ im p r o v e d ba c k st o p & ov e r h e a d safety 20 2 1 F o r d SU V Ex p l o r e r (5 6 4 ) 2 0 1 6 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 1 E z Go go l f Ca r t 2 0 0 6 1 5 ye a r s $ 8 , 0 0 0 E n d of us e f u l li f e ‐Pa r k s 20 2 1 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 20 2 2 F o r d SU V Ex p l o r e r (5 6 5 ) 2 0 1 7 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 2 F o r d SU V Ex p l o r e r (5 6 6 ) 2 0 1 8 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 2 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 20 2 2 C o m m a n d Po s t 2 0 0 7 1 5 ye a r s $ 3 7 , 0 0 0 E n d of us e f u l li f e ‐ Pa r k s 20 2 3 F o r d SU V Ex p l o r e r (5 6 1 ) C h i e f 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 3 H a n d g u n s 2 0 0 3 2 0 ye a r s $ 1 2 , 0 0 0 20 2 3 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 20 2 4 P o l a r i s Ra n g e r 2 0 1 3 1 0 ye a r s $ 1 5 , 0 0 0 P u b l i c wo r k s / Pa r k s 20 2 4 F o r d SU V Ex p l o r e r (5 6 7 ) 2 0 1 8 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 4 F o r d SU V Ex p l o r e r (5 6 8 ) 2 0 1 9 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 4 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 20 2 5 F o r d SU V Ex p l o r e r (5 6 9 ) 2 0 2 0 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 5 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 20 2 5 C S S en c l o s e d Tr a i l e r 2 0 1 0 1 5 ye a r s $ 1 5 , 0 0 0 20 2 5 E z Go go l f Ca r t 2 0 1 0 1 5 ye a r s $ 8 , 0 0 0 E n d of us e f u l li f e ‐ Ci t y pa r k s 20 2 6 F o r d SU V Ex p l o r e r (5 7 0 ) 2 0 2 0 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 6 F o r d SU V Ex p l o r e r (5 7 1 ) 2 0 2 1 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 6 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 20 2 7 F o r d SU V Ex p l o r e r (5 7 2 ) 2 0 2 2 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 7 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 20 2 8 F o r d SU V Ex p l o r e r (5 7 3 ) 2 0 2 2 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 8 F o r d SU V Ex p l o r e r (5 7 4 ) 2 0 2 3 5 ye a r s $ 4 2 , 0 0 0 R e p u r p o s e d fo r Re s e r v e s / P u b l i c Wo r k s / C o d e Enforcement 20 2 8 S u p p o r t an d Pr o t e c t i o n Eq u i p m e n t V a r i e s 5 ye a r s $ 7 , 5 0 0 Ci t y Ha l l Re p l a c e m e n t Ye a r D e s c r i p t i o n Of It e m Be i n g Re p l a c e d Y e a r Ac q u i r e d U s e f u l Li f e R e p l a c e m e n t Co s t (2 0 1 5 ) N o t e s 20 1 6 C a r p e t 1 9 9 4 1 5 ye a r s $ 2 0 , 0 0 0 P a s t us e f u l li f e in 20 0 9 20 1 6 O f f i c e Im p r o v e m e n t s 2 0 ye a r s $ 1 5 , 0 0 0 20 1 6 C o u n c i l Ch a m b e r Im p r o v e m e n t s 8 ‐20 ye a r s $ 3 5 , 0 0 0 20 2 4 R o o f Sh i n g l e s 1 9 9 4 3 0 ye a r s STAFF REPORT Agenda Item 11d. Council Meeting: July 23, 2015 Prepared By: Jessica Beise Topic: Administrative Assistant Recruitment Process Action Required: Approval Summary: In February, the Council approved a reorganization of the Administration department. The reorganization called for review of the administration department. The review resulted in eliminating the City Clerk and Administrative Support/Payroll and Benefits Coordinator positions. Three new positions were created City Clerk/Administrative Services Coordinator, Deputy Clerk and Administrative Assistant. In May the Deputy Clerk position was filled with an internal hire. In June the City Clerk/Administrative Services Coordinator was filled. The hiring of the Administrative Assistant is the final step in the reorganization process. Staff has worked on updating a job description which is attached to this report and ready for approval. The position is a grade 6. It is requested that the Council approve the updated job description and direct staff to begin the recruitment process. Financial/Budget: The Administrative Assistant position will be posted in various locations, minimal fees may be required. Alignment with Values: This item relates to the following adopted values: EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost-effective, and friendly manner. FISCAL RESPONSIBILITY We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Options: 1) Approve the Administrative Assistant Job Description and direct staff to begin the recruitment process. 2) Send back to staff for further review. Recommendation: Approve the Administrative Assistant Job Description and direct staff to begin the recruitment process. Page 2 Council Action: Consider a motion to approve the Administrative Assistant Job Description and direct staff to begin the recruitment process. Attachments: 1) Job Description – Administrative Assistant ADMINISTRATIVE ASSISTANT ©City of Corcoran 2015 1 Job Summary: The Administrative Assistant serves as the primary contact for the City over the phone and in-person inquiries. The position is a support position providing assistance in customer service, communications, facilities use management and records retention for the Administration Department, City Council and City Commissions. The Administrative Assistant serves as a back up to the Public Safety Administrative Assistant. Scope of Impact: The Administrative Assistant impacts the initial impression of the City and effectiveness of the department. This position performs assigned duties without a need for significant work direction on daily tasks. Work is guided by the City Clerk/Administrative Services Coordinator. The job has no supervisory responsibility. Essential Duties and Responsibilities: Provides office support for the City. o Assists as the front desk support/receptionist answering phone calls and responding to in- person inquires, making referrals to appropriate staff when required; monitors and reports trends in citizen calls and inquiries; o Assists callers or persons when the City Administrator is occupied by managing their inquiry or taking a detailed message, determining whether the priority is high enough to interrupt another call or meeting; o Assists citizens with information about applications, including but not limited to processes and contact information; o Assists the Police Department in the absence of the Public Safety Administrative Assistant; o Maintains a supply of department forms and office materials; o Coordinates supply ordering and equipment contract coordination; o Issues over-the-counter building permits and receives applications for permits requiring inspector approval; o Accepts payments for permits and utility billing; o Assists all departments as needed. Provide support to the City Administrator and City Clerk/Administrative Services Coordinator. o Prepares correspondence, agendas and presentations as requested; o Develops project plan for events/meetings and coordinates related publicity; o Oversees the logistics for events/meetings, including scheduling and set up of facilities, equipment, and refreshments/catering as needed; Department: Administration Reports To: City Clerk/Administrative Services Coordinator Points: 212 Grade: 6 FLSA: Non-Exempt Bargaining Unit: NA Revision Date: July, 2015 City of Corcoran ADMINISTRATIVE ASSISTANT ©City of Corcoran 2015 2 o Assists with hiring including job posting, receiving applications, maintaining a record of applications and responding to applicants; o Coordinates invitations, enrollment and award selection processes. Assists with the City’s Communications needs. o Maintains the content of the City’s website; o Assists with the City’s social media presence, updating the sites as information is available; o Prepares the City newsletter, including gathering articles, coordinating the layout, editing, printing and distribution; o Assists with creating informational materials including brochures, flyers, postcards, etc. for all departments. o Distributes the links to the Council and Commission meeting packets. Coordinates City facility rentals and use. o Oversees the rental/use of the Civic Center, Council Chambers, Conference Room, City Park or other recreational facilities; provides instructions to users relating to facility use; o Coordinates with Public Works and Public Safety for rental needs. Provides City Council and City Commission support. o Assembles packets and handouts for City Council and Commission Meetings; o Prepares correspondence, agendas and presentations as requested; o Coordinates the preparation and distribution of agenda information for City Council and Commission meetings; o Oversees the logistics for Council, Commission and other community meetings, including scheduling of facilities, equipment, refreshment requirements as needed. Coordinates the document scanning program. o Scans new documents for retention in City files and organizes them based on the overall document filing convention; o Coordinates the scanning of the City’s existing paper files; o Ensures that electronic files are regularly backed up per policy. Performs other duties and activities as assigned. Minimum Qualifications: Candidates for this position must have high school diploma or equivalent and four or more years of experience in an office support role. Desired Qualifications: Additional desired qualifications include: additional office support experience, experience in a municipal setting, an associate’s degree, familiarity with website maintenance and communications, and expertise in a variety of computer Microsoft Office software programs (Word, Excel, and PowerPoint, etc.). Knowledge, Skills and Abilities Required for Successful Job Performance: Customer service skills including demonstrated ability to build positive relationships with employees and managers; Knowledge of data privacy laws and ability to maintain highest confidentiality when dealing with sensitive or private information; ADMINISTRATIVE ASSISTANT ©City of Corcoran 2015 3 Knowledge of the functions and responsibilities of City Departments, staff, and key community members; Knowledge of city computer system, county programs, and the city financial program; Knowledge of and ability to operate standard office software sufficient to manipulate data, draft reports and maintain records; Ability to analyze and resolve problems; The ability to work independently and to prioritize work requests; ability to plan, coordinate and prioritize workload to meet project deadlines; Verbal and high-level written communication skills sufficient to effectively present information and respond to questions from a wide variety of audiences, and reading comprehension skills sufficient to read, understand and interpret complex and varied work-related materials; Ability to work with neighboring municipalities and outside professional organizations to continue to learn and bring efficiencies within our organization. Physical and Mental Requirements: Physical effort is light, with lifting or carrying up to 25 pounds intermittently. Report preparation and word processing will at times require extended use of a keyboard. Work interruptions are frequent. Working Conditions: Work is performed in a normal office environment. May be the first person to whom an inquiry is delivered by a citizen, and may involve dealing with and calming individuals who are emotionally charged over an issue. Some requirements in this job description may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. All requirements are subject to modification to reasonably accommodate individuals with disabilities. Requirements are representative of minimum levels of knowledge, skills, and experience required. To perform this job successfully, the worker must possess the abilities and aptitudes to perform each duty proficiently. This document does not create an employment contract, implied or otherwise, other than an "at will" employment relationship. The City Administrator and City Clerk/Administrative Services Coordinator retain the discretion to add duties or change the duties of this position at any time. City of Corcoran 2015 City Council Schedule Agenda Item 13. Page 1 of 2 August 13, 2015 Performance Report Resolution Accepting Donation from Jaycees Review plan to pave gravel collector road; select project Discussion of City Staff vs. Consultant Staff Background check ordinance 2016 Fee Schedule 2016 Draft Budget August 27, 2015 Planning Project Update Code Compliance Report Draft assessment policy for paving gravel collector roads 2016-2017 Capital Improvement Plan September 10, 2015 Performance Report Approve assessment policy for paving gravel collector roads Adopt Preliminary Levy Gambling Ordinance September 24, 2015 Planning Project Update Code Compliance Report Call Assessment Hearing – Downtown Utility and Street Improvement Project October 8, 2015 (also hold Charter commission meeting) Performance Report Public Hearing: assessments for paving gravel collector road; consider ordering plans and specifications October 22, 2015 Planning Project Update Code Compliance Report Assessment Hearing – Downtown Utility and Street Improvement Project City of Corcoran 2015 City Council Schedule Agenda Item 13. Page 2 of 2 November 12, 2015 Performance Report Ordinance Regulating Peddlers, Solicitors, and Transient Merchants Downtown Utility and Street Improvement Project o Review Plans and Specifications o Consider authorizing bid of project November 23, 2015 (Monday) Planning Project Update Code Compliance Report Consider authorizing bids for downtown utility and street improvement project Consider authorizing bids for paving gravel collector road Recognition program for employees, elected officials, and appointed officials December 10, 2015 Performance Report Truth-in-Taxation Hearing December 21, 2015 (Monday) Planning Project Update Code Compliance Report Adopt 2015 Budget and Levy Consider approving bid for downtown utility and street improvement project Consider approving bid for paving gravel collector road