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HomeMy WebLinkAbout19930517_regular203 MINUTES OF TfIE REGUIAR mTING OF THE EDINA CITY COUNCIL HELD AT CITY HBIlL HAY 17, 1993 R0I;LCAI;L Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. CONSENT AGENDA ITEMS APPROVED by Member Kelly to approve and adopt the Council Consent Agenda items as presented. Motion was made by Member Paulus and was seconded Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. ARBOR DAY PROCLAIMED was unanimously adopted: Mayor Richards presented the following proclamation which ARBOR DAY PROCLAMATION APRIL 30, 1993 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and VHEBEAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees are a most valuable resource, purifying our air, helping consezxe our soil and energy, serving as a recreational setting, providing a habitat for wildlife of all kinds, and enriching our lives in other important ways; and WHEREAS, disease, insects and pollution have damaged and continue to threaten our trees, creating the need for tree care and tree planting programs and fostering greater public concern for the future of our urban forest; and WHEREAS, Edina is proud of the beautiful shade trees which grace our homes and public places: and WHEREAS, Edina has been recognized for the past six years as a Tree City USA by The National Arbor Day Foundation and desires to continue the planting of trees for its future, WHEREAS, through a cooperative effort with the Edina School District, Cornelia PTA, and the Edina Park and Recreation Department, Cornelia Elementary has implemented an educational program called, "Cornelia Continues to Grow", tJHEREAs, the Minnesota Department of Natural Resources, Minnesota ReLeaf Community Forest Program has granted $6,000 to "Cornelia Continues to Grow" for planting of trees for the purpose of enhancing the community, benefiting the environment and providing educational experiences for the residents of the City of Edina, NOW, THEREFORE, I, Frederick S. Richards, Mayor of Edina, do hereby proclaim April 30th, 1993, to be Arbor Day and call upon the spirited and foresighted citizens of Edina to plant trees now for our pleasure and that of future generations. Dated this 30th day of April, 1993. RESOLUTION OF APPRECIATION - BOB BURNETT resolution of appreciation which vas unanimously adopted: WHEREAS, Bob Burnett has served Edina School District No. 273 and the Edina community as Principal since 1968; and WHEREAS, he has been in education for 37 years, three years as Principal of Highlands Elementary and 15 years as Principal of Cornelia Elementary; and WHEREAS, beginning in 1956, Bob spent eight years at Concord Elementary teaching fifth grade; and WHEREAS, in 1966, he was in charge of the academic-abled program at both Cahill Mayor Richards read the following RESOLUTION OF APPRECIATION 5/17/93 .2 0.4 Elementary and Cornelia Elementary; and VBEaEBS, Bob Burnett has been a moving force in the implementation of a site- based managed school, cooperative learning and the option of a school rithin a school to house both the Neighborhood and Continuous Progress Programs at Highlands; and VHEaEdS, through his outstanding leadership and sincere dedication in promoting the Edina Public Schools, Bob has demonstrated total codtment to the community. NOU, THEREFORE, BE IT RESOLVED that the Ed- City Council, the City staff and the residents of Edina hereby express their thanks and appreciation to for his dedicated service in helping make the City of Edina an outstanding community in vhich to learn, work and live. BE IT PUBTHEB RESOLVED that Friday, June 4, 1993, be declared BOB BU"JZ!lT DAY. ADOPTEDthis 17th day of Hay, 1993. BOB BURNETT *lURUTES OF REGULAR MEETING OF MAY 3. 1993. APPROVED Motion vas made by Hember Pauhs and was seconded by Member Kelly to approve the Council Minutes of the regular meeting of May 3, 1993. Motion carried on rollcall vote - five ayes. *HEARING ON REZONING AND COMPREHENSIVE PLAN AMENDMENT CONTI"ED TO JUNE 7. 1993, FOR PLANNED INDUSTRIAL DISTRICT TO PCD-2 PLANNED COMMERCIAL DISTRICT AND PIAN DESIGNATION FROM INDUSTRIAL TO COMMERCIAL - LEWIS ENGINEWING/KUNZ OIL PROPERTY Motion vas made by Member Paul- and was seconded by Member Kelly to continue the hearing to June 7, 1993, for rezoning to PCD-2 Planned Commercial District and Comprehensive Plan amendment for the Lewis Engineerinflunz Oil Property. Motion carried on rollcall vote - five ayes. I APPEAL OF ZOmG BOARD OF APPEALS DECISION CONTINUED TO 7. 1993 FOR FIVE FOOT SETBACK VARIANCE TO ALLOW LIVING SPACE ABOVE GARAGE AT 6312 INDIAN HIXIS - ROAD Gretchen Holland, 6312 Indian Hills Road, asked that her appeal of the decision made by the Zoning Board of Appeals be continued to the Council meeting of June 7, 1993. Mayor Richards informed Council that directly before the meeting began Daniel Dunn, 6400 Indian Hills Road, stated that he lived on the adjacent property and was opposed to the variance. He voiced disapproval with the request for continuance because he felt it not fair and very inconvenient. Member Kelly made a motion to continue the hearing to June 7, 1993, on the appeal of the Zoning Board of Appeals decision regarding a five foot setback variance to allow living space above the garage at 6312 Indian Hills Road. seconded by Member Rice. Motion was Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. DAVID HE!l"D OF REPRESENTATIVE RAMSTAD'S STAFF INTRODUCED Mayor Richards introduced David Hetland from Representative Jim Ramstad's staff. Mr. Hetland said he could be reached at the Bloomington office (8120 Penn Avenue South) and encouraged the Council Members and the citizens to contact Representative Ramstad whenever he could be of assistance, whether it be regarding City matters or personal matters. - ORDINANCE NO. 1993-6 ADOPTED - AN ORDINANCE AMENDING SECTION 220 OF THE CITY CODE TO PERMIT CERTAIN PRIZES FOR AMUSEMENT DEVICES: RESOLUTION FOR REVIEW ADOPTED Presentation bv Assistant Manager Assistant Manager Hughes explained that on April 19, 1993, Council considered the subject ordinance amendment to permit amusement devices that dispense prizes or rewards to the individual who has used the machine. Such automatic pay-off 5/17/93 c 205 devices are presently prohibited by the City Code. granted First Reading to the proposed ordinance amendment, subject to the inclusion of a provision whereby the ordinance would automatically terminate in one year. the April 27, 1993, Special Meeting, the Council again briefly discussed the proposed ordinance and staff was directed to provide the locations of other Circus Pizza restaurants in the metro area and to provide alternate ordinances for Council's consideration. These alternatives were to include the ordinance as originally proposed by staff, an ordinance containing a sunset provision, and lastly, an ordinance providing a review requirement but not a sunset provision. Assistant Manager Hughes then presented the three alternatives as directed by the Council. money, checks, tickets, tokens, merchandise or any other thing of value which would have a value greater than the cost to play the machine. would provide an automatic termination provision aimed at April 1, 1995. Alternate No. 3 would suggest adoption of a resolution calling for review by the Council in February 1995 rather than automatic termination. Staff believed that a sunset or review provision should be consistent with the license term for amusement devices. At present, licenses are issued from April 1 through March 31 of each year. The date of April 1, 1995, would be a more reasonable time for the purpose of fairly evaluating the effect of the ordinance. At that meeting, Council Such a sunset provision had been used in several prior ordinances. At I Alternate No. 1 would simply provide that no machine could discharge Alternate No. 2 Staff had contacted the Police Departments of the six metropolitan cities where Circus Pizza establishments are located. In general, Circus Pizza is characterized by the other departments as a family-oriented business. the departments report that congregations of young people during the evening hours presented a public safety demand where off-duty officers or security personnel are utilized. run. Staff would recommend adoption of Ordinance No. 1993-6, Alternate No. 3. Four of Circus Pizza is basically described as clean and well- Presentation bv Proponent Norman Pink, American Amusement Arcades, stated that he was present to answer any questions and had brought diagrams showing the layout of the Circus Pizza proposed for Centennial Lakes. Member Kelly observed that Circus Pizza has hired off-duty police officers as security for most of their other locations and that she was concerned about potential problems because of the location, i.e. near water, large parking area, public park. She asked Mr. Pink if he would agree, in writing, to provide security at the Centennial Lakes location. Mr. Pink responded in the affirmative and added that they had intended to provide security just as a precaution because of their sizeable investment. Mr. Pink displayed diagrams of the proposed two level Circus Pizza for Centennial Lakes. the kitchen, a three stage animated show, restaurant seating for 248, coin- operated kiddie rides (for children under 60 pounds) and a two-level climb and slide (for children under 48 inches tall). the entrance, control and redemption counter, additional kiddie rides, redemption games and traditional video games. security person would be stationed on the upper level. He explained that the lower level would have an entrance and would house The upper level diagram illustrated In response to Member Rice, he said a Member Smith observed that more than one-half of the premises would be devoted to games and asked about redemption games, hours of operation, anticipated peak times and potential loitering. Mr. Pink explained that redemption games are games like skeeball, basketball toss, etc. requiring some skill. They propose to be open from 11:OO A.M. to 1O:OO P.M. Monday through Thursday and from 11:OO A.M. to 11:OO P.M. on Saturdays and Sundays. Anticipated peak times would be 20 6 4:OO P.M. to 8:OO P.M. Mr. Pink said there are no benches or other seating occur outside in the parking areas. 5/17/93 that loitering would not be a problem as inside except for the dining area but may Member Kelly asked if the food service would be a fast food type of operation and how many employees would present at any given time. that there be plenty of employees to provide supervision. Mr. Pink answered that much of their business is birthday parties with a hostess for each party and where the food is served at the table. seating for the general public but no food orders would be taken until seating is available. busiest time which usually is Saturday afternoons. She reiterated her concern At peak times there could be a wait for There would be approximately 18 employees on the premises at their Member Paulus asked if Circus Pizza intended to apply for a on-sale beer or wine license and if it would be a smoke free environment. Mr. Pink said Circus Pizza would not be applying for a beer or wine license and that all their locations became smoke free on January 1, 1993. He mentioned that Circus Pizza has been active with the D.A.R.E. program and has been hosting parties for the D.A.R.E. graduates from various schools. of their income. comes from the food operation with most of the profit coming from video games. Member Paulus asked what generates the majority Mr. Pink answered that the greatest portion of their income Member Smith asked if Circus Pizza would be willing to limit hours of operation if problems with kids develop. health and safety of their customers and the neighborhood. problem and if it could be solved by adjusting the hours they would be willing to do that. Mr. Pink commented that their concern is for the If there were a I Warren Beck, Centennial Lakes Partners (owners and managers of Centennial Lakes Plaza), told Council that he has been the landlord for Circus Pizza in Burnsville for more than six years. He said Circus Pizza is a very family oriented business and a cooperative tenant. Further, that Circus Pizza has indicated a willingness to work with the City to make sure that Circus Pizza operates well. landlord, Centennial Lakes Partners would be prepared to do the same. experience, he said he felt a good working relationship would maintain a positive environment for Centennial Lakes which would be consistent with and would compliment other uses there now. As the From past Mayor Richards asked, assuming all are in agreement that congregating of groups would not be desirable, what steps would ensure that this type of activity would not occur. Mr. Beck answered those choices may include: 1) providing some security, 2) reviewing hours of operation, 3) examining how a business is operating that would result in attracting persons to the area, etc. Mayor Richards commented he could not support allowing this type of activity if the introduction of this type of business to the Centennial Lakes area would change the positive existing environment in any way. Mr. Beck responded that Circus Pizza has demonstrated a willingness to work with the City to manage those kinds of situations should they occur. Public Comment Mayor Richards called for public comment on the proposed ordinance amendment that would permit certain prizes for amusement devices. Avenue, commented that Circus Pizza can control behavior inside their building but if kids are told to move on it then becomes a problem for the area. Council Comment/Action Member Smith commented that because of the public money and commitment invested in the Centennial Lakes development he had reservations about supporting the ordinance amendment that would allow this type of activity as it seemed in Kathy Pappas, 6730 Vernon I 5/17/33 conflict with the type of recreation the City is trying to promote in the adjacent public park. He contended that Circus Pizza really operates as two businesses because of the clientele - a family-oriented business and a late hours business. What is at issue is the late hours business and related potential problems. provision and if problems develop, there be some recourse provision so that it would not become a public problem, i.e. cost of enforcement or affect the Centennial Lakes environment. He suggested that, if the amendment was adopted without a sunset Member Paulus said she understood that the issue before the Council was whether or not to allow the type of amusement machine that would permit redemption prizes and that any other type of amusement device would be allowed under the City's current ordinance. whether or not Circus Pizza had the type of machine that would dispense tickets for prizes. Further, that young people would go there regardless of She said she would support amending the ordinance to allow them. Assistant City Manager Hughes clarified for Member Rice that the value of the tickets or coupons returned for a single play could not exceed $.25. amendment were adopted, it would not be location specific but would apply to all locations licensed for amusement machines. If the Member Smith moped Second Reading and adoption of Alternate No. 2 of Ordinance No. 1993-6 as presented. except for automatic termination on April 19. 1994. Motion was seconded by Member Paulus. Mr. Beck submitted that, because Circus Pizza may not open until September, 1993, there would not be an adequate period of time to evaluate its operation and to work out solpions if indeed there any problems. He said he would appreciate adoption of a resolution setting a date certain for the Council to review the ordinance to allow discussion on the subject with the Council. Member Rice said he would support the motion as it stands but concurred with the suggestion of Mr. Beck that there be a reasonable time for evaluation and discussion prior to the effective date of the sunset provision. Member Kelly indicated her support for Alternate No. 3 without a sunset provision but with a resolution for Council review on a specific date. Mayor Richards said he felt there should be some continuity and would concur with Member Kelly for a date certain on which to evaluate the effect of the ordinance amendment. Member Smith offered an amendment to the motion that Ordinance No. 1993-6 be scheduled for review at the second regular meeting of the Council in January, 1994. Motion to amend was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Smith then moved Second Reading and adoption of Ordinance No. 1993-6 as follows : ORDINANCE NO. 1993-6 AN ORDINANCE AMENDING SECTION 220 OF THE CITY CODE TO PERMIT CERTAIN PRIZES FOR AMUSEMENT DEVICES THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Subsection 220.11 is amended to read as follows: "220.11 Automatic Pay-Off. No person shall keep, maintain, sell, or permit to be operated any machine which has been converted into an automatic pay-off device which shall discharge coins, checks or other 5/17/93 208 tokens to the operator or player of such machine. any machine into an automatic pay-off device. which discharge money, checks, tickets, tokens, merchandise or any other thing of value which has a value no greater than the cost to play or operate the machine may be kept, maintained or operated subject to the provisions of Subsection 220.15." Section 2. read as follows: "220.15 Automatic Termination. The provisions contained in the last sentence of Subsection 220.11 shall terminate automatically at 12:Ol A.M. on May 26, 1994." - Section 3. No person shall convert Provided, however, machines Section 220 is amended by providing a new Subsection 220.15 to This ordinance shall be in full force and effect upon its passage and publication. ATTEST : City Clerk Rollcall : Ayes: Kelly, Paulus, Rice, Smith Ordinance adopted. Richards Member Smith also moved adoption of the folloving resolution: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina that the City Manager is hereby directed to place Ordinance No. 1993-6 on the Council Agenda for January 17, 1994 for the purpose of reaffirming, amending, or repealing said ordinance. Motion for adoption was seconded by Member Paulus. - Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. *AWARD OF BID FOR ARTICULATED SIDEWALK PLOW CONTRJ[JED TO 6/7/93 Motion was made by Member Paulus and vas seconded by Member Kelly to continue the award of bid for an articulated snovplov to the meeting of June 7, 1993. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR BUCK SHOT FOR SEAL COAT PROGRAM Motion was made by Member Paulus and vas seconded by Member Kelly for award of bid for FA3 Modified Buck Shot to sole bidder, Prior Lake Aggregates, at $10.50 per ton, and for me FA2 to sole bidder, Shiely Company, at $7.24 per ton. Motion carried on rollcall vote - five ayes. *AWARD OF BID FOR FOUR-=EL DRIVE UTILITY TRACTOR WITH CAB/DETACEABLF. LOADER. CONTINUED M 6/7/93 Kelly to continue to award of bid for a four-wheel drive utility tractor vith cab/detachable loader to June 7, 1993. Motion vas made by member Paulus and vas seconded by Member Motion carried on rollcall vote - five ayes. TRAFFIC SAFETY COMMITTEE MINUTES OF 6/11/93 APPROVED reviewed the discussion that occurred at the Traffic Safety Committee meeting of May 11, 1993. Member Smith made a motion to approve the following recommended actions listed in Section A of the Traffic Safety Committee Minutes of Hay 11, 1993: 1) Establish a policy for use of the following categories of varning signage to be applied to neighborhood traffic safety concerns: (a) RWBI'?ATIONBL PEDESTRIAN; (b) SPEED ADVISORY; (c) "CURVE"; (d) "PARK" and nPLAYGROIJtW" and (e) "SPECIAL Engineer Hoffman briefly 5/17/93 * 209 CIRCUMSTANCES", %.e. "BLIND DRIVEWAY" on collector hour or "DW CHILD". 2) (a) Installation of "S" curve signage on both streets above 30 miles per ends of Woodcrest Drive and (b) to suggest to the School a more open area. speed advisories as recommended by City staff; and District that the school bus stop be re-located to 3) (a) Installation of international pedestrian signage along the entire length of Ridgeview Drive; (b) installation of appropriate speed advisory signage; (c) to conduct a traffic study in the area after 5:OO P.H.; and (d) recommend to area residents that they strongly consider installation of sidewalks. 4) (a) Installation of a "STOP" sign westbound on West 55th Street at Beard Avenue South; (b) refer the matter to the Traffic Enforcement Unit for enforcement action; and (c) direct City staff to cooperate with the neighborhood in preparing an educational letter for distribution in the area. below it on Heights Park property facing Limerick Lane. "PLSYGROUND" below it on Hansen Road just north and south of Birchcrest Park. below on Cornelia Drive in the area of West 68th Street and on West 66th Street at the entrance to Cornelia Park, and to refer speed concerns to the Police Department for possible enforcement action. Motion was seconded by Member Rice. 5) Installation of an international teeter-totter sign with the word "PARK" 6) Installation of international teeter-totter signs with the vord "PARK" or 7) Installation of international teeter-totter signs with the word "PUYGROUND" 8) Installation of a "YIELD" sign on eastbound Navaho Trail at Cherokee Trail. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. (Member Rice left the room temporarily at this point in the meeting.) Hember Kelly made a motion to acknowledge Sections B and C of the Traffic Safety Committee Minutes. Ayes: Kelly, Paulus, Smith, Richards. Motion carried. Motion was seconded by Member Smith. (Member Rice re-entered the meeting at this point.) REQUEST DEWIED FOR EXCEPTION FROM SIGN MORATORIUM FOR WICK'S RESTAURANT AT SOUTIIDALE renovating the old Swenson's Ice Cream Parlor space at Southdale. working with the architect on signage since March to ensure that the sign plan would meet ordinance requirements. Planner Larsen explained that Mick's restaurant is in the process of Staff has been Mick's has proposed seven signs totalling 177.68 square feet for the storefront which would comprise 11.48% of the 1,547 square foot elevation. applications had not been submitted prior to the Council Meeting of May 3, 1993. Mick's has requested special consideration of their sign permit applications to allow erection of the signs in time for their opening on June 11, 1993. Sign permit John Ryder, Arrow Sign Company, stated that he was employed by Mick's to obtain their sign permits. He confirmed that they have been working with City staff for almost a month on various design plans for the.restaurant's signage and after conferring with Southdale management and the restaurant they felt they had agreed on a sign plan that would meet City requirements. On Tuesday, May 4, he was very surprised to learn of the moratorium on signs. Ron Thomas, General Manager of Southdale Center, asked consideration by the Council in granting Mick's a permit to erect their signage. although Southdale is a substantial retail attraction for the community, they have been trying to encourage full-service sit down restaurants into Southdale. He submitted that, under today's market pressures, for a restaurant to open without signage would put Mick's at somewhat of a distressed opening. He asked He said that 5/17/93 210 that Council consider the petition of Mick's for an exemption to the moratorium. Mayor Richards commented that the Council has grappled with the sign issue many times and unanimity as to viewpoint may never be reached. request for exception (Agenda Item VI1.A) has been received from Pearle Vision Express located at 7062 York Avenue. be to stop the moratorium altogether and direct staff to come back with alternatives relative to modification of the sign ordinance. He noted that a second One method to deal with the requests would Member Smith stated that, based upon the discussion at the May 3, 1993 meeting, he felt the moratorium on signage was appropriate. exception could be made for remodeling projects that were nearly completed except for signage prior to the moratorium. Member Kelly stated that next on the agenda was the staff report on sign ordinance issues. She asked if a decision on both Mick's Restaurant and Pearle Express moratorium exceptions could be delayed until after that discussion. added that she felt these businesses could open without signage. He added that a case for - - She Member Kelly made a motion that Council hear Agenda Item V1.C - Report on Sign Ordinance Issues before taking action on the requests for exception from the sign moratorium. Motion failed for lack of second. Member Paulus asked if there would be any difference between granting the exception under a remodeling project versus a new building project. answered that the moratorium does not make that type of distinction. Attorney Attorney Gilligan responded to Member Smith that the existing moratorium ordinance could be amended to except out certain projects that were under way, i.e. remodeling, when the moratorium was imposed. Member Smith made a motion to continue the request from Hick's Restaurant for exception to the sign moratorium to June 7, 1993, and to direct staff to draft an amendment that would address projects in some stage of completion where signage was eminent when the moratorium ordinance was adopted. Member Paulus. . Motion was seconded by Member Rice commented that he could not support the motion because when the subject of a moratorium was discussed the Council recognized that it could be a problem for some. temporary signs. signs that require a permit. Further, that he felt a business about to open could consider Attorney Gilligan clarified that the moratorium only applies to Mayor Richards then called for vote on the motion on the floor. Ayes: Paulus, Smith Nays: Kelly, Rice, Richards Motion failed. myor Richards made a motion to grant an exception to the sign moratorium to Hick's at Southdale to allow erection of signage that would require no variance from the existing ordinance requirements. Motion failed for lack of second. REQUEST DEHIED FOR EXCEPTION FROM SIGN MORATORIUM FOR PEARLE VISION EXPRESS Mayor Richards made a motion to grant an exception to Pearle Vision Ekpress. 7062 York Avenue, from the sign moratorium to allow erection of signage that vould require no variance from the existing ordinance requirements. lack of second. REPORT GIVEN ON SIGN ORDRURCE ISSUES Motion failed for Planner Larsen reported that on May 3, 5/17/93 1993, Council enacted a moratorium on issuance of all new permits for signs. Following the meeting, staff met to identify the issues raised by the Council with the intent of bringing those issues back for discussion and direction by the Council as to possible changes to the existing sign ordinance. The following issues were identified: 1. Awnings, canopies and marquees. 2. 3. 4. Sign area (how much allowed in a commercial district). Window/wall area (relationship in determining amount of signage). Frees tanding signs (allowable number) . Planner Larsen reviewed the following changes made in 1992 to the sign ordinance during the ordinance codification process which generally made the ordinance more restrictive: 1. Subsection 460.03, Subd. 13: Transparent or translucent awnings, canopies or marquees with signage that are backlit will be counted as part of sign area. they were not addressed.) The height of freestanding signs in the PC-1 and PC-2 zones was reduced from 20 feet to 8 feet. monument type sign.) 3. Subsection 460.05, Subd. 4: The maximum number of freestanding signs allowed in the PC-1 zone was reduced from one per building per frontage to one per building. (Previously, one sign per building per street frontage was allowed in all Planned Commercial Districts.) An area identification sign became included in the allowable number of freestanding signs on a site. (Previously, certain shopping centers could quality for a freestanding building identification sign as well as an area identification sign.) Permanent window signs are now included in total sign area. (Previously, such signs were not addressed.) The amount of window area which can be temporarily signed was reduced from 50% to 25%. (Previously 2. Subsection 460.05, Subd. 4: (20 feet for pylon signs; 8 feet for 4. Subsection 460.05, Subd. 4A1: 5. Subsection 460.05, Subd. A4: 6. Subsection 460.06, Subd. 3A: Planner Larsen showed slides illustrating various existing signs on awnings, canopies or marquees and sign panels and explained how the following ordinance requirements applied to each: A. Such structure shall not be considered as part of the wall area and thus shall not warrant additional sign area. B. The entire structure shall be considered part of the sign area if constructed of transparent or translucent material and illuminated so as to resemble a sign panel. Graphics were shown to illustrate that sign area is measured in two ways: 1. The smallest single rectangle which can be made to circumscribe the letters, message, symbol, logo, or figure inscribed into or directly onto a building or a monument and not affixed to a sign panel. The smallest single rectangle which can be made to circumscribe a sign panel which bears the letters, message, symbol, logo, or figure. 2. Additional slides illustrated the following allowable maximums: 2. Freestanding sign - one per building 3. Area for freestanding signs - 80 sq. ft. 4. Height - 8 feet PCD-1 District 1. Sign area - 15% of wall area 5/17/93 PCD-2 District 1. Sign area - 15% of wall area 21’2 2. Freestanding sign - one per building per frontage 3. Area for freestanding signs - 80 sq. ft for 4. Height - 8 feet I first sign, 40 sq. ft. for each additional sign PCD-3 District 1. Sign area - 15% of wall area 2. Freestanding sign - one per building per frontage 3. Area for freestanding signs - 100 sq. ft. for - first sign, 50 sq. ft. for each additional sign 4. Height - 20 feet - - Planner Larsen recalled discussion at the May 3, 1993, meeting concerning the number of freestanding signs that would be allowed for the Biltmore Bowl and Blockbuster Video redevelopment. Under the existing ordinance, one freestanding sign per building per frontage would be allowed. Conceivably, Blockbuster Video could have three freestanding signs because of the three street frontages and the Biltmore Bowl building could have two for a potential total of five freestanding signs on those properties. Planner Larsen suggested Council may wish to adopt the same language for the PCD-2 District as was adopted for the PCD-1 District during codification. the PCD-3 District’it would seem appropriate to keep the maximum number of freestanding signs at one per building per frontage because the large buildings are on large tracts of land. For In summary, Planner Larsen stated that the Council might consider the following options : Awnings - Any transparent or translucent awning that is illuminated and appears to be a si-gn panel be treated as a sign panel even if it does not have a message on it. the total number of signs that a particular building could have in these districts. could lead to many non-conforming situations, i.e. imbalance because of new tenants coming into a building, desire to keep old signage because of its larger size resulting in less upgrading and/or maintenance. counted towards total wall area. total wall area by discounting windows. and result in replacing glass with brick. building regardless of the number of street frontages. Sign Area Replace or reduce the 15% wall area limitation or place a cap on Staff feels the 15% limit has worked well and if reduced or capped it Window Areamall Area Discount or restrict the amount of window area This would allow less signage by reducing the This option could drive the architecture Freestanding Sims Limit freestanding signs in the PCD-2 to one per In response to Member Kelly’s question as to the districts, Planner Larsen explained that the PCD-3 District is a regional commercial district, i.e. the greater Southdale area. Grandview area. The PCD-1 District would include 44th/France, Valley Viewflooddale and 7Oth/Cahill. free standing signs was accomplished by the suggested limitation for the PCD-2 District. Further, that the option to treat illuminated awnings as a sign would reflect the interpretation of the Council. Member Rice stated that the report as presented was exactly what he was looking for. He said he felt that the 15% maximum wall area was reasonable and concurred that one freestanding sign per building be allowed except for the PCD-3 District. The PCD-2 District covers two areas: SOth/France and the Member Kelly commented that her concern regarding I 5/17/93 213 He suggested that the words "with signage" be stricken from Subsection 460.03, Subd. 13 so that it would read, "Transparent or translucent awnings, canopies or marquees that are backlit will be'counted as part of sign area". Me] bu: Prc thc thc Me] ci. fe' La: Frt stt w il mo: bu th, al' P glt c 0' CO mber Smith asked if the issue of an illuminated or neon stripe around a ilding had been addressed. ohibits in all districts "Neon or fiberoptic light sources which are not within e permitted sign area." e 15% sign area to be in compliance. nber Paulus reiterated her concern about windows being counted as wall area and ted the example of Walgreen's on 49 1/2 Street/France Avenue. It they should be encouraged to convert the colored glass to windows. rsen responded that Walgreen's would have preferred a blank brick wall along ance Avenue because their floor plan does not work with windows. aff felt that any future retailer using that building should have available ndow space that could be opened up; the resulting compromise was the colored ass. He said this did not give Walgreen's additional sign area but made it re pedestrian friendly. ilding or to the windows, cannot exceed 15% of the wall area. at allowed temporary window sign area has been reduced from 50% to 25% which leviates some of the cluttered look. Member Paulus said she still has a oblem with the fact that, visually, a brick wall can better handle signage vering 15% whereas a wall with windows and doors with the same 15% sign verage appears more crowded, Planner Larsen pointed out that Subsection 460.04 If such are used, they must be included in computing She said she Planner However, Permanent signage, whether applied to the wall of the He pointed out John Ryder, Arrow Sign Company, submitted that, by counting backlit awnings as part of the sign area, a hardship would be imposed on small businesses with small storefronts. or the number of lights allowed in backlit signage. front also provides a feeling of security for customers. He suggested that consideration be given to limiting wattage Further, a well-lit store Member Smith made a motion directing staff to prepare ordinance amendments pursuant to the report presented and the comments of the Council for consideration at the meeting on June 7, 1993. Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion was seconded by Member . Motion carried. !L'RAFFIC SAFETY COMMITTEE PROCESS PRESENTED: SIX MONTHS TRIAL PERIOD TO BEGIN 7/1/93 Manager Rosland presented the draft policy that staff had developed to enhance the management of the Traffic Safety function in the City. the current process is recommended until July 1, 1993. After that date, staff would recommend that the Traffic Safety Committee be reduced in size to include the City Engineer, the Police Chief and the Assistant City Manager, who would meet as a technical committee on issues brought forward by a contact person. No change in A staff contact person, currently Craig Swanson, would work with the public to clarify concerns and formulate issues. actions would not discuss such matters with the committee directly but the contact person would present the public point of view to the committee for action. After meeting, the technical committee would be permitted to install warning, informational, and guide signs and stripes without Council approval. The person(s) requesting signs or other After the technical committee would make its recommendation, the requesting person(s) would be advised of the outcome and the rationale supporting it. there would be disagreement at that point, the process to appeal the recommendation would be explained to the requestor. virtually the same as it is now, i.e. the appeal would be made directly to the If The appeal process would be 5/17/93 214 Council during its regularly scheduled meeting. a public hearing and define the area of notification. Council could decide to schedule As to staffing, the current committee staff members suggested that the new process would involve less staff time. could probably be reduced from one-half person time to one-fourth person time. Any staff changes would be formulated for the budget process. Staff would recommend a six month trial period to evaluate this process as to its effectiveness, responsiveness and time commitment by the Council. The position of staff contact person Assistant Manager Hughes answered Member Rice that the two citizen members serving on the current committee had been advised of the possible changes and were willing to give it a trial run. Member Rice made a motion to accept the proposed Traffic Safety process as presented for a trial period of s3x months commencing on July 1, 1993. was seconded by Member Kelly. - - Motion Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Smith said he had some reservations about not including citizen members as on other advisory boards and commissions. the trial period the Council may wish to consider an all-citizen review committee that could make recommendations to the Council. APPOIRTwEETT MADE TO PLANNING COMMISSION Mayor Richards recommended to Council the appointment of Lorelei Bergman, 5825 Long Brake Trail, to fill an unexpired term of on the Planning Commission. Member Smith made a motion for consent of the Hayor's appointment of Lorelei Bergman to the Planning Commission to fill an unexpired term to February I, 1994. Member Rice seconded the motion. Manager Rosland responded that after - I Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. VACMCY REMAINS ON THE COlBllJKtTY HEALTH SERVICES ADVISORY COMMITTEE Mayor Richards reminded Council that a vacancy still exists on the Community Health Services Advisory Committee and asked that names of interested persons be submitted to him. REQUESTS FOR EXCEPTION FROM SIGN MORATORIUM RECONSIDERED: MOTION FAITS TO PASS Member Kelly commented that she felt businesses should be required to obtain a building permit for either new construction or remodeling before applying for a sign permit. had applied for a building permit prior to the moratorium on issuance of permits for signs, that their requests for exception from the sign moratorium be reconsidered. Further, that because Mick's at Southdale and Pearle Vision Express Member Kelly made a motion to grant exceptions to Hick's at Southdale and Pearle Vision Express from the sign moratorium to allov erection of signage provided such signage dd adhere to the proposed ordinance changes approved by the Council this date. Motion was seconded by Mayor Richards. Ayes : Kelly, Richards Nays: Paulus, Rice, Smith Motion failed to pass. *CLAIMS PAID to approve payment of the following claims as show in detail on the Check Register dated Hay 12, 1993, and consisting of 26 pages: General Fund $276,384.13; CDBG $135.00; Cable $6,630.11; Working Capital Fund $15,993.07; Art Center $2,300.17; Pool $809.17; Golf Course $401,430.17; Arena $10,509.27; Gun Motion was made by Member Paulus and vas seconded by Member Kelly 5/17/93 ” 215 Range $542.22; Edinborough/Centennial Lakes $32,129.43; Utilities $35,083.12; Storm Sewer $924.29; Recycling $38,237.99; Liquor Dispensary $105,954.06; Construction Fund $560.00; TOTAL $927,622.20; and for confirmation of payment of the following claims as shown in detail on the Check Register dated Hay 12, 1993 and consisting of 16 pages: General Fund $128,479.03; Working Capital $452.00; Golf Course $137,085.00; Liquor Dispensary $259,656.52; TOTAL $525,672.55. Motion carried on rollcall vote - five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:17 P.M. -&&7fif WL City Clerk