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HomeMy WebLinkAbout01-14-2014 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, JANURAY 14, 2014 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:05 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award (1) 7:05 p.m. III. Visitors/Public Comment A. Success 2014 Comments —2014 Update from Stillwater Area Chamber of Commerce Exec. Director Todd Streeter (2) This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 7:10 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—December 26, 2014 (3) C. Adopt Resolution Approving Professional Consultants for the City of Oak Park Heights in 2014 (4) D. Adopt Resolution Designating the Stillwater Gazette as the City of Oak Park Heights' Official Newspaper(5) E. Approve Resolution for 2014 Council Appointments (6) F. Approve Animal Humane Society Contract(7) G. Approve JPA for Fuel Contract (8) H. Summer Park Programming—2014—Position & Events (9) I. Approve Salary Adjustment for Exempt Employees (10) 7:15 p.m. V. Public Hearings None 7:15 p.m. VI. Old Business A. Consider Ordinance Amendments—401.15 Signs —Capacity for Electronic Message Boards (11) B. Sale of Lands to MNDOT—Parcel 39 (12) 7:30 p.m. VII. New Business A. Street Reconstruction—Engineering Services (13) Page 1 of 116 B. Authorization to Offer 20-Week Local Government Internship —Temp. Position (14) C. St. Croix River Crossing Project—MSCWMO Comments (15) 7:45 p.m. VIII. Other Council Items or Announcements 7:50 p.m. IX. Closed Session A. Labor Negotiations (closed pursuant to MN Slat. 13.D.03) 8:15 p.m. X. Reconvene Open Meeting A. Consider 2014 Labor Contracts 8:20 p.m. IX. Adjournment Page 2 of 116 Ta Oak Park Heights 1 Request for Council Action Meeting Date January 14, 2414 Agenda Item Recycling Award Time Req. Q Agenda Placement Staff Reports Originating Department/Requestor Administration/Jennifer Pinski ; r Requester's Signature Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if ether public bodies have been advised). See Attached. Page 3 of 116 CITY OF • OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55982-2007 • Phone:651;439-4439 • Fax-6511439-0574 s January 9, 2014 Rick & Jennifer Scherek 5410 Ojibway Avenue North Oak Park Heights, MN 55082 Dear Mr. & Mrs. Scherek: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Friday, January 3, 2014, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulatipnsl`; Jennifer Pinski Deputy Clerk Tree City U.S.A. Page 4of116 2 Oak Park Heights Request for Council Action Meeting Date _ January 14�', 2014 Time Required: 5 minutes Agenda Item Title: Success 2014 Comments= 2014 Update from Stillwater Area Chamber of Commerce Exec. Director Todd Streeter Agenda Placement Visitors Section Originating Department/Reques JEric Johnson City Administrator Requester's Signature Action Requested discussion action anticipated. Background/Justification(PIease indicate if any previous action has been taken or if other public bodies have advised): Mr. Todd Streeter from the Stillwater Area Chamber of Commerce did contact my office requesting if he could be placed onto the Agenda to bring the City Council up to speed on their 2014 events and plans for the Success 2014 project to benefit businesses along STH 36. Please see his attached request. Page 5 of 116 Eric Johnson From: Todd Streeter <tstreeter @greaterstillwaterchamber.com> Sent: Tuesday, December 17, 2013 4:07 PM To: Eric Johnson Subject: Success 2014 Comments Hi Eric, I hope all is well with you and the city. As you may be aware,the Chamber has put together a business assistance program primarily for businesses along Hwy 36 called Success 2014. We have 26 businesses that will be supporting the program and helping those businesses that seek assistance. We will be launching the program with an open house/Success 2014 Fair on January 25`x' and I was thinking it may be helpful if I informed the Council and staff at the first January council meeting if that would be possible. l could speak during the open comment portion of the meeting since it won't take but a few minutes. Is that okay with you? If so,what date would the first meeting be on? Regards, Todd Streeter Executive Director Participate in your future GK A[LX Sn![WAI V K C_".f.71I.hCt'{_:NITY CHAMBER,, ,.j Ct7�.t\il he r by Chestnut Building 200 Chestnut Street East; Suite 204 Still-,+.;@ter, MN 55,082 Phone: 651.439.4001 Fax 6'x51 43:140 05 Email: tstreeter ilo-,,estill,rater com 'Ar-,v)x.GreaterStiII.,v-aterCh�imber.com t Page 6 of 116 � a 3 Oak Park Heights Request for Council Action Meeting Date January 14, 2014 Agenda Item Approve City Council Minutes—December 26, 2013 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Ad1ninistration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 7 of 116 CITY OF OAK PARK HEIGHTS THURSDAY, DECEMBER 2G, 2013 CITY COUNCIL MEETING MINUTES I. _Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 4:33 p.m. Present: Councilmembers Dougherty, Runk, and Swenson. Staff present: City Attorney Vierling, Finance Director Caruso, City Engineer Brad Riefstack, and Public Works Director Kegley. Absent: Councilmember Liljegren, City Administrator Johnson, and City Planner Richards. Mayor McComber moved Old Business Item A to the Consent Agenda as Item H. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the Agenda as amended. Carried 4-0. II. Council/Staff Reports: A. Mayor McComber: She reported that the last Parks Commission meeting was cancelled and the next meeting was set for January 27 at 7:00 p.m. B. Councilmember Dou hg_ertt : He reported that the Convention and Visitor's Bureau open house was held December 11. C. Councilmember Liliegren: Absent. D. Councilmember Runk: He reported that the Planning Commission's last meeting was held December 12, and there were two items from that meeting on the City Council Consent Agenda. E. Councilmember Swenson: No report. F. Staff: Deputy City Clerk Pinski reported that Don Hanson of 14224 57th Street North was chosen as the recycling award winner. I11. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes—December 10, 2013 C. Approve Resolution Designating 2014 Checking and Bank Depositories D. Approve Resolution for Delinquent Utilities E. Adopt City of Oak Park Heights Policy Binder F. Approve Amendment to City Ord. 401.15 M—Home Occupations Page 8 of 116 City Council Meeting Minutes December 26, 2013 Page 2 of 3 G. Adopt 2014-2017 Anticipated Capital Improvement Plan H. Approve Conditional Use Permit—Home Occupations In-Home Hair Salon at 13930 55tb Street North Councilmember Runk, seconded by Councilmember Swenson, moved to pull Item G from the Consent Agenda. Carried 4-0. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the remainder of the Consent Agenda. Roll call vote taken. Carried 4-0. V. Public HearinMs: None Vt. Old Business: A. MOVED TO CONSENT AGENDA B. Rink Attendant Hires: Public Works Director Kegley recommended that Mike Coleman, Jessica Dougherty, Ashley Jelinek, Max Groves, John Sortedahl, and Johnny Randazzo be hired as rink attendants for the season. Councilmember Swenson, seconded by Councilmember Runk,moved to approve the recommendation. Carried 3-0-1, Councilmember Dougherty abstained. C. Consider Utility Worker Appointment—Lisa Danielson: Councilmember Runk, seconded by Councilmember Dougherty, moved to follow the hiring committee's recommendation to hire Lisa Danielson. Carried 4-0. VII. New Business: A. Consider Work Session with MNDOT—St. Croix River Crossing: Councilmember Runk, seconded by Councilmember Swenson, moved to set a worksession with MNDOT for Tuesday, January 21 at 7:00 p.m. Carried 4-0. B. Street Reconstruction Area D: Public Works Director Kegley reported that the County did not plan to reconstruct Paris Avenue until 2016. City Engineer Reifstack reported that there were existing culverts and swales in that area which presented challenges on how to design the City stormwater with the County stormwater. Riefstack stated that delaying the project on Paris Avenue would allow for engineering to work out challenges with the County. Mayor McComber questioned whether the Middle St. Croix Watershed Management Organization would be reviewing plans. Riefstack confirmed that they would be. Councilmember Dougherty Page 9 of 116 City Council Meeting Minutes December 26, 2013 Page 3 of 3 questioned how it would work with bidding the project. Riefstack stated that it would be best to hold off on bidding that area, and bid it under a separate contract. He stated Paris Avenue would be done in 2016, but the rest of the street reconstruction in Area D would still be completed in 2015. City Attorney Vierling reported that no action was necessary at that time. VIII. Other Council Items or Announcements Councilmember Swenson questioned hydrant clearing. Public Works Director Kegley reported that it was iii the plan for hydrants to be cleared out after the first of the year. IX. Adiournment Councilmember Swenson, seconded by Councilmember Liljegren, moved to adjourn at 4:50 p.m. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber Deputy Clerk Mayor Page 10 of 116 l 4 Oak Park Heights Request for Council Action Meeting Date January 14, 2014 Agenda Item Adopt Resolution Approving Professional Consultants for the City of Oak Park Heights in 2014 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Adiiiinistration/Jennifer Pinski Requester's Signature\ j Action Requested Adopt Resolution 14-01-01 Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 11 of 116 CITY OF OAK PARK HEIGHTS RESOLUTION 14-01-01 A RESOLUTION APPOINTING PROFESSIONAL CONSULTANTS FOR THE CITY OF OAK PARK HEIGHTS IN 2013 BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby appoints the following consultants for 2014: City Engineer: Stantec Inc. City Auditor: Tautges, Redpath, Inc. City Planner: The Planning Company, LLC City Attorney: Eckberg, Lammers, Briggs, Wolff&Vierling City Arborist: Plant Health Associates Passed by the City Council of Oak Park Heights this 10th day of January, 2014. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 12 of 116 P', Oak Park Heights 5 Request for Council Action Meeting Date January 14, 2014 Agenda Item Adopt Resolution Designating the Stillwater Gazette as the City of Oak Park Heights Official Newspaper Time Req. 0 Agenda Placement Consent Oziginating Department/Requestor Administ ation/Jennifer Pinski Requester's Signature Action Requested Adopt Resolution 14-01-02 Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 13 of 116 CITY OF OAK PARK HEIGHTS RESOLUTION 14-01-02 A RESOLUTION DESIGNATING THE STILLWATER GAZETTE AS THE CITY OF OAK PARK HEIGHTS OFFICIAL NEWSPAPER WHEREAS, the City of Oak Park Heights must designate an official newspaper for publications; and WHEREAS, the Stillwater Gazette meets legal publication requirements under state statute and offers a high number of paid circulation newspapers distributed within the City. NOW THEREFORE, BE IT RESOLVED,that the City Council for the City of Oak Park Heights designates the Stillwater Gazette as the official newspaper for publications in 2014. Passed by the City Council of Oak Park Heights this I 01 day of January, 2014. Mary McComber, Mayor ATTEST: Eric Johnson, City Administrator Page 14 of 116 �tifiwatex Serving The St.Croix valley Since 1870 January 9, 2014 City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights MN 55082 Dear City of Oak Park Heights; Thank you for notifying me of the City of Oak Park Height's wish to receive a bid from the Stillwater Gazette for the publication of its legal publications. I appreciate the opportunity to respond, and the Gazette does request consideration to be the city's legal newspaper for the year 2014. The Gazette's publication schedule gives Oak Park Heights city government many options for presenting its legal publications to the public in a timely manner. The Gazette does meet legal publication requirements under state statute, and in addition,the Gazette continues to offer a high number of paid circulation newspapers distributed within the city. Legals are posted on the Gazette's website as well. The proposed rate for 2014 is $4.40 per column inch. The Gazette would appreciate the opportunity to continue serving the citizens of the City of Oak Park Heights by publishing the city's legal notices. If you have any questions or are in need of additional information,please contact me. Thank you. Sincerely, Mark Berrirnan Publisher 651-796-1116 1931 Curve Crest Boulevard • Stillwater, MN 55082 651.439.3130 • FAX: 651.439.4713 www.StillwaterGazette.com Page 15 of 116 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 16 of 116 11,IL Oak Park Heights Request for Council Action 6 Meeting Date January 14, 2014 Agenda Item _ Approve Resolution for 2014 Council Appointments Time Req. Agenda Placement Consent Originating Department/Requestor Admiiiistration/Jennifer Pinski Requester's Signature Action Requested Adopt Resolution 14-01-03 Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 17 of 116 CITY OF OAK PARK HEIGHTS RESOLUTION 14-01-03 A RESOLUTION APPROVING APPOINTMENTS FOR THE CITY OF OAK PARK HEIGHTS IN 2014 BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby appoints the following for 2014: Deputy Mayor(Mayor Pro-tem): Chuck Doughert y Civil Defense Director: Brian DeRosier Parks Commission Liaison: Mary McComber Parks Commission Liaison Alternate: Mike Liljegren Planning Commission Liaison: Mike Liljegren Planning Commission Liaison Alternate: Mike Runk Cable Commission—Council: Mark Swenson Cable Commission—Alternate: Mike Liljegren Cable Commission—Citizen: Guy Sederski Middle St. Croix WMO: Chuck Dougherty Middle St. Croix WMO Alternate: Mike Liljegren Chamber of Commerce & CVB: Mary McComber Coalition of Utilities Cities: Mary McComber Coalition of Utilities Cities Alternate: Chuck Dougherty Data Compliance: Betty Caruso Lower St. Croix River Advisory: Chuck Dougherty Lower St. Croix River Advisory Alternate: Mark Swenson Passed by the City Council of Oak Park Heights this 10th day of January, 2014. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 18 of 116 Oak Park Heights 7 Request for Council Action Meeting Date: Jan 14, 2014 Time Required: 1 min Agenda Item Title: Approve Animal Humane Society Contract Agenda Placement: Consent Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature _..... Action Requested: Approve Animal Humane Society Contract Background/Justification: Attached is the 2014 contract for the animal humane society of Woodbury that we utilize to handle stray animals located and trapped within the City of Oak Park Heights. As you see in the cover letter they are continuing to constrict the ability of the city to bring in stray cats. This has been an ongoing issue and problem for the city since they stopped taking Feral Cats but now appear that they are now going to sterilize and release them back into the city. Unfortunately this does not solve the complaints we get from residents about the cats in the neighborhoods. Unfortunately no other viable option has been found to deal with these feral cats, and we will continue with the policy that the city will not intentionally trap them for residents as we have no viable option to deal with them. This is information council should be aware of in the event you get questions from a resident. With the above consideration I recommend approving the contract as presented. Page 19 of 116 animal humane society November 18, 2013 City of Oak Park Heights PO Box 2007 Oak Park Heights, MN 55082 Dear Municipal Administrator, Animal Humane Society is constantly looking at ways to improve the lives and welfare of animals in our community, and the impact that they have on the people in our community. We have taken a new look at un-owned cats in our communities–those cats known in shelters as °community cats." These cats range from those that are born and live in the wild to escaped and abandoned pets. Historically, these cats have been brought into our facility as strays and held for the mandated stray period, hoping that they have owners that will come and reclaim them. Over the past year, only 3.7%of those cats have been returned to their original owner from our shelters. After that time is up, those cats not reclaimed are either sterilized (spayed or neutered) and proceed to our adoption center, or are euthanized for health or behavior reasons. Many of the cats that are brought in as strays and would be euthanized for their behavior are able to survive comfortably in the community. Catching strays and bringing them to a shelter for sterilization and adoption or euthanasia has done nothing to help control cat numbers. As well, studies have shown that lost cats are 13 times more likely to be found or return home by just leaving them in their environment than bringing them in to any shelter. What this means is that we are potentially holding and euthanizing many cats that don't need to be. This does not mean that all cats shouldn't come to shelters. Those cats with identification (tag or microchip) have a much higher return rate. Dedicated sterilization and release programs have shown the ability to control and even decrease the community cat population over time. Cats that are healthy and friendly can be adopted and found new homes. In the contract that we have sent you for 2014,you will see new language regarding the potential sterilization and return of stray cats. We have not yet implemented a sterilize-and-release program, but we are likely to start one in the coming year. The intent behind this language is to prevent the euthanasia of healthy cats that have established a successful strategy for living outdoors. We will continue to evaluate all unclaimed stray animals for placement through our adoption center. However, we will consider releasing healthy cats back into the community in which they are found if they exhibit behavior that makes them not adoptable by our standards. These cats will have the tip of their ear removed while the cat is undergoing sterilization surgery—this clearly designates that the cat has been spayed or neutered. The new contract also includes a small fee increase.The canine and feline standard stray holding fee is increasing from $130 to $135 and the "other" domestic animal fee is increasing from $40 to $41. Buffato --, Coon Rapids * Golden Valley * St. Paul r Woodbury Telephone 763 522 4325 www.animalhumaneso6ety.org Page 20 of 116 I�W- •'T animal- humane society Please feel free to call me if you have any questions about this new strategy or the updated fee structure. We also have further information about this type of program that is available if desired. Sterilize and return programs have successfully been implemented in several major cities, even ones as far north as the twin cities. We look forward to working together to help as many people and animals as we can in our community. Sincerely, Dr. Graham Brayshaw, DVM Director of Animal Services Animal Humane Society (763)489-2224 gbrayshaw @animalhumanesociety.org Buffalo * Coon Rapids * Golden Valley * St. Paul * Woodbury Telephone 763 522 4325 www.animalhumanesociety.org Page 21 of 116 anirnaL humane society Animal Humane Society and City of Oak Park Heights,MN Letter of Understanding for Impound Housing Services 2014 1. The Animal Humane Society (AHS) agrees to provide the following services: a. Housing for stray or abandoned animals that are retrieved or legally seized by your municipality's community service officer(CSO) or animal control officer (ACO), or for stray animals that are brought into the shelter by a citizen and verbal permission is given by your agency via phone for intake. Housing includes kennel space, daily cleaning, food and water. b. Herd management vaccination following our standard vaccination protocols, as well as medically necessary and/or emergency care for sick or injured animals impounded during regular business hours. c. Euthanasia services as deemed necessary by an AHS veterinarian. These services may be provided at the end of the legally required holding period or in the case of a medical situation that requires immediate euthanasia. d. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. e. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. f. Provide animal rabies quarantine or diagnostic service for stray felines or canines that have bitten a person. g. Hold animal for the legally required stray holding period: 5 days in MN, 7 Days in WI or until reclaimed by owner within this holding period. h. AHS may perform sterilization and release of stray cats who are unclaimed at the end of the holding period and deemed suitable to be returned to the outdoors to live independently, 2. AHS expectations: a. The AHS is not responsible for sick or injured animals that are left after hours. Outside treatment must be sought for these animals by the animal control officer or community service officer prior to leaving the animals at the AHS facility when veterinary staff members are not on duty. b. AHS has the sole authority to disposition all animals that have not been reclaimed upon the expiration of the legally designated holding period. c. AHS will not accept feral cats seized under municipal authority by your municipality's CSO or ACO. Buffalo * Coon Rapids * Golden Valley * St. Paul * Woodbury Telephone 763 522 4325 Page 22 of 116 1 www.an imalhumanesociety.org 1�9F_19%00L,s anlmaL humane society ti. The City of Oak Park Hei hts agrees to: a. Adhere to the drop off procedure set forth by the AHS including animal housing at the shelter and paperwork. Drop off procedures and paperwork training for community service or animal control officers will be provided. b. Adhere to state laws and local ordinances that apply to the handling of stray or abandoned animals and the seizure and return of animals to their owners. c. Direct citizens where to take stray animals when not receiving permission for impoundment at the AHS. d. Seek care for injured or sick animals prior to drop off in the event that it is after hours and/or AHS veterinary staff is not on duty. e. Pay the designated fees for each animal cared for from your municipality. AHS will charge a standard stray holding fee of$135 per canine or feline and a $41 fee per ';other" domestic animals (rabbits, guinea pigs, birds etc.) not reclaimed by its owner. AHS will charge a $10 administrative/processing fee to the municipality for each animal reclaimed by its owner in place of the stray holding fee. In these instances AHS will charge the owner reclaim fees. Fees for animals seized by the municipality (such as rabies quarantine) may vary due to the differing nature of their holding periods and services required. f. Allow and support the release of sterilized felines back to the community, if unclaimed and deemed able to live outdoors independently. Such felines will be ear-tipped and, as such, ear-tipped felines will not be impounded in the future. g. Adhere to building access rules and ensure that the service access door is closed and locked after use in an after hours drop off. h. Ensure that the municipality's CSO/ACO uses his/her discretion in the field as to whether or not to impound an animal. AHS is not responsible for those decisions. i. Be available to members of your community to resolve their concerns related to the actions of your ACO/CSO officers and your municipality's procedures, policies and requirements. j. Release AHS from all liability of claims resulting from or related to providing impound housing services. The City of Oak Park Heights accepts responsibility for the CSO/ACO while in the course of impounding animals at AHS. 4. Administration a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year. Billing will be mailed in the first month following the end of the quarter. Payment is expected within 30 days of receipt of billing. b. AHS will assign a contact person who should be contacted in the event of any problems, concerns or to receive feedback regarding the program. c. Any billing disputes must be raised within 10 days of receipt of billing. Buffalo * Coon Rapids * Golden Valley * 5t. Paul * Woodbury Telephone 763 522 4325 Page 23 of 116 www.animalhumanesociety.org animal humane society This agreement is based on a one year commitment, which is renewed annually from the date your administrator signs the agreement below. The agreement can be ended at anytime by either party with a 30 day notice. This agreement is entered into on the day of , 2014 by Janelle Dixon, President & CEO Signed on behalf of Municipal Authority Animal Humane Society Printed Name and Title Buffalo * Coon Rapids * Golden Valley * St. Paul * Woodbury 7 Telephone 763 522 4325 www,animaLhumanesociety.org Page 24 of 116 animal humane society Animal Humane Society and City of Oak Park Heights, MN Letter of Understanding for Impound Housing Services 2014 1. The Animal Humane Society (AHS) agrees to provide the following services: a. Housing for stray or abandoned animals that are retrieved or legally seized by your municipality's community service officer (CSO) or animal control officer (ACO), or for stray animals that are brought into the shelter by a citizen and verbal permission is given by your agency via phone for intake. Housing includes kennel space, daily cleaning, food and water. b. Herd management vaccination following our standard vaccination protocols, as well as medically necessary and/or emergency care for sick or injured animals impounded during regular business hours. c. Euthanasia services as deemed necessary by an AHS veterinarian. These services may be provided at the end of the legally required holding period or in the case of a medical situation that requires immediate euthanasia. d. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. e. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. f. Provide animal rabies quarantine or diagnostic service for stray felines or canines that have bitten a person. g. Hold animal for the legally required stray holding period: S days in MN, 7 Days in WI or until reclaimed by owner within this holding period. h. AHS may perform sterilization and release of stray cats who are unclaimed at the end of the holding period and deemed suitable to be returned to the outdoors to live independently, 2. AHS expectations: a. The AHS is not responsible for sick or injured animals that are left after hours. Outside treatment must be sought for these animals by the animal control officer or community service officer prior to leaving the animals at the AHS facility when veterinary staff members are not on duty. b. AHS has the sole authority to disposition all animals that have not been reclaimed upon the expiration of the legally designated holding period. c. AHS will not accept feral cats seized under municipal authority by your municipality's CSO or ACO. Buffatc * Coon Rapids * Golden Valley * St. Paul * Woodbury Telephone 763 522 4325 Page 25 of 116 1 www.animathumanesociety.org animal humane society 3. The Cite of Oak Park Heights agrees to: a. Adhere to the drop off procedure set forth by the AHS including animal housing at the shelter and paperwork. Drop off procedures and paperwork training for community service or animal control officers will be provided. b. Adhere to state laws and local ordinances that apply to the handling of stray or abandoned animals and the seizure and return of animals to their owners. c. Direct citizens where to take stray animals when not receiving permission for impoundment at the AHS. d. Seek care for injured or sick animals prior to drop off in the event that it is after hours and/or AHS veterinary staff is not on duty. e. Pay the designated fees for each animal cared for from your municipality. AHS will charge a standard stray holding fee of$135 per canine or feline and a$41 fee per "other" domestic animals (rabbits, guinea pigs, birds etc.) not reclaimed by its owner. AHS will charge a $10 administrative/processing fee to the municipality for each animal reclaimed by its owner in place of the stray holding fee. In these instances AHS will charge the owner reclaim fees. pees for animals seized by the municipality (such as rabies quarantine) may vary due to the differing nature of their holding periods and services required. f. Allow and support the release of sterilized felines back to the community, if unclaimed and deemed able to live outdoors independently. Such felines will be ear-tipped and, as such, ear-tipped felines will not be impounded in the future. g. Adhere to building access rules and ensure that the service access door is closed and locked after use in an after hours drop off. h. Ensure that the municipality's CSO/ACO uses his/her discretion in the field as to whether or not to impound an animal. AHS is not responsible for those decisions. i. Be available to members of your community to resolve their concerns related to the actions of your ACO/CSO officers and your municipality's procedures, policies and requirements. j. Release AHS from all liability of claims resulting from or related to providing impound housing services. The GO o f Oak Park Heights accepts responsibility for the CSO/ACO while in the course of impounding animals at AHS. 4. Administration a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year. Billing will be mailed in the first month following the end of the quarter. Payment is expected within 30 days of receipt of billing. b. AHS will assign a contact person who should be contacted in the event of any problems, concerns or to receive feedback regarding the program. c. Any billing disputes must be raised within 10 days of receipt of billing. Buffalo * Coon Rapids * Golden Valley * St. Paul * Woodbury Telephone 763 522 4325 Page 26 of 116 www.animathumanesociety.org animaL humane society This agreement is based on a one year commitment, which is renewed annually.from the date your administrator signs the agreement below. The agreement can be ended at anytime by either party with a 30 day notice. This agreement is entered into on the day of 12014 by Janelle Dixon, President& CEO Signed on behalf of Municipal Authority Animal Humane Society Printed blame and Title Buffalo * Coon Rapids * Golden Valley * 5t. Paul * Woodbury Telephone 763 522 4325 Page 27 of 116 www.animathumanesociety.org THIS PAGE IS INTENTIONALLY LEFT BLANK Page 28 of 116 Oak Park ]Heights 8 Regaest for Council Action Meeting Date: Jan 14, 2014 Time Required: I min. Agenda Item Title: Approve JPA for Fuel Contract Agenda Placement: Consent Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requesters Signature Action Requested: Approve JPA for Fuel Contract Background/Justification: Attached is the Joint Powers Agreement with Washington County for the police department to continue to purchase fuel under the MN contract prices and utilizing the Washington County Sheriff's office pumps. As in past years we have been able to obtain a lower than pump price yearly average for fuel than we would see at the commercial pump. This year's bid price will be $2.92 per gallon. We commit to 650 gallon per month usage in which we use this as a minimum. Our actual usage is slightly higher than our minimum monthly usage. I recommend approval of the contract as this has provided the city thousands of dollars in savings in the past years and would be reasonably projected to again save the city money over commercial yearly pay at the pump prices. Page 29 of 116 JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF'S OFFICE AND THE CITY OF OAK PARK HEIGHTS POLICE DEPARTMENT THIS AGREEMENT is made by and between political subdivisions organized and existing under the Constitution and laws of the State of Minnesota. Washington County a political subdivision by and through its Sheriff's Office (hereinafter "Provider") and the City of Oak Park Heights Minnesota, a municipal corporation, by and through its City Police Department (hereinafter referred to as the "City") are the parties to this agreement. WHEREAS, Minnesota Statutes Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting parties. WHEREAS, the Provider has entered into a Minnesota State Fuel contract February 01, 2014 through January 31, 2015- Yocum Oil contract 72333 — 2014 Fixed Fuel Program for Metro participants, whereby the Provider has agreed to purchase through a cooperative purchasing agreement, a total of 184,200 gallons -87 octane gasoline from February 01, 2014 through January 31, 2015. Specifically, 13,200 gallons per month for the months of February, March, November, December and January 2015, 15,000 gallons in October and 17,200 gallons per month for the months of April, May, June, July, August, and September. WHEREAS, the Provider provides law enforcement services including but not limited to the patrol and rescue operations that utilizes squad cars, SUVs.. boats, hovercrafts, snowmobiles, ATVs and assorted gasoline run equipment pursuant to the police powers and law enforcement authority granted under the laws of the State of Minnesota as a law enforcement agency. WHEREAS, the City is in need of procuring 650 gallons of gasoline each month to operate its squad cars and SUVs to provide law enforcement services pursuant to the police powers and law enforcement authority granted under the laws of the State of Minnesota as a law enforcement agency. WHEREAS, at the request of the City. the Provider is willing to provide gasoline to the extent as identified in this Agreement to the City to assist the City with law enforcement services. NOW THEREFORE, pursuant to the authority contained in Minnesota Statute Section 471.59. commonly known as the Joint Powers Act which authorizes two or more governmental units to jointly exercise any power common to them and /or Minnesota Statutes Sections 626.76 and in consideration of the mutual covenant herein contain and the benefits that each party hereto shall derive hereby the Provider and City agree to the following terms and conditions: Page 30 of 116 CITY'S RESPONSIBILITIES 1. When needed for the City's daily operation of squad cars and SUVs, the City may have access to the Provider's gasoline pumps located at the LEC 15015 62"' Street, Stillwater MN. 2. The City's access to Providers gasoline pumps shall be through electronic access issued to each squad and officer that is employed by the City. 3. Any City law enforcement officer acting under this agreement is considered to be acting in the ordinary course of his or her employment with the City. 4. Any City law enforcement officer acting under this agreement shall continue to be covered by his or her employment agency for the purpose of worker's compensation, unemployment insurance, disability and any other employee benefits and for civil liability purposes. 5. No City law enforcement officer acting under this agreement may be considered for liability purposes as an employee of Provider or agent of Provider, for his or her actions regardless of the supervision or control over the officer's actions. PROVIDER'S RESPONSIBILITIES 1. The Provider will purchase a total of up to 182,400 gallons -87 octane gasoline from February 01, 2014 through January 31, 2015. Specifically, up to 13,200 gallons per month for the months of , February, March, November, December and January 2015, 15,000 gallons in October and 17,200 gallons per month for the months of April, May, June, July, August, and September 2014. 2. Provider agrees that it will make available the amount of gasoline deemed necessary by the City for the City's law enforcement usage at its pumps located at the LEC located at 15015 62`x4 Street, Stillwater MN. 3. The Provider will notify the City if there is any interruption in availability of gasoline at the LEC pumps as reasonably soon as the Provider becomes aware and for what duration of time. During any time of interruption the City is responsible to find and pay for its own gasoline until such time that the availability of gasoline is restored at the pumps located at the LEC. 4. The cost of gasoline to the City will be at the Provider's rate of $2.9240 per gallon unless the total monthly gasoline usage is more than the Provider's purchased monthly amount of gasoline as stated in paragraph 1 of this section. 5. If the total monthly usage of gasoline is greater than the Provider's purchased monthly amount and the Provider obtains additional gasoline at a rate higher than $2.9240 per Page 31 of 116 gallon, the City wiil be responsible for reimbursing the Provider at the higher rate charged to the Provider per gallon up to the amount of gasoline used by the City. TERM OF AGREEMENT The term of this agreement shall be from February 01, 2014 through January 31, 2015, the date of the signature of the parties notwithstanding, unless earlier terminated as provided herein, PAYMENT The City shall pay the Provider within 30 days of being invoiced for the City's gasoline usage. INDEPENDENT CONTRACTOR It will be agreed that nothing within the contract is intended or should be construed in any manner as creating or establishing the relationship of cc-partners between the parties or as constituting the City as the agent, representative, or employee of the Provider for any purpose or in any manner whatsoever. ASSIGNMENT The City shall not assign any services contemplated under this agreement. INDEMNIFICATION The City agrees it will defend, indemnify and hold harmless the Provider, its officers and employees against any and all liability, loss, costs, damages, and expenses which the Provider, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the City in the performance of this agreement. INSURANCE REQUIREMENTS The City agrees that in order to protect itself, as well as the Provider, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified 1. Maintain membership and participation in the Minnesota League of Cities Trust or Commercial General liability Insurance with contractual liability coverage in the amount of the City's and Provider's tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. 2 Automobile coverage in the amount of the City's and Provider's tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. 3. Worker's Compensation in statutory amount. Prior to the effective date of this Agreement, the City will furnish the Provider, with certificates of insurance as proof of insurance. This provision shall be set as a condition subsequent; failure to abide by this provision shall be deemed a substantial breach of contract. Page 32 of 116 i Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the Provider DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purposes by the activities of the contractor, because of this agreement, is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended. the Minnesota Rules implementing such Act now in force or as adopted, as well as federal regulations on data privacy. TERMINATION Provider or City may cancel this Agreement with or without cause at any time upon giving a 30 days written notice to the Washington County Sheriff or designee or the Oak Park Heights City Police Chief, City Administrator or designee. WASHINGTON COUNTY Oak Park Heights BY: DATE: BY DATE: County Board Chair BY DATE: County Administrator BY: DATE Sheriff Approved tof as form. Z' Asst County Attorney Page 33 of 116 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 34 of 116 � m Oak Park Heights 9 Request for Council Action Meeting Date January 14, 2014 Time Required: 1 Minute Agenda Item Title: Summer Park Programming—2014—Position&Events Agenda Placement Consent Agenda Originating Department/Reques E J/oiZson. Cijy Administrator Requester's Signature Action Requested Ap ave S er Park Programminy, for 2014, including Staff hiring. more detail below Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The 2414 budget for Summer Park Programming is $16,000; $6,500 proposed for wages with the balance of$8,500 for operations and events. Because this is a"salary"the City would not specifically monitor hours required to complete the events,rather the Event Coordinator is required to input the necessary hours to successfully execute these events. (There are not anticipated PERA contributions with this position). I have enclosed a DRAFT agreement with Ms. Gina Zeuli, who would execute Proposed Summer Events. Recommendation: Authorize the holding of the Summer Park Programming for 2414 with the final event schedules to be determined by the Park Commission and authorize the City Administrator to negotiate and finalize a salary rate with Ms. Zeuli. Page 35 of 116 Clay Of Oak Park Heights 14168 Oak Park Blvd. N a Box 2007 a Oak Park Heights,MN .55082 o Phone(651)439-4439 e Fax(651)439-0574 December 31 st,2013 TO: Ads.Gina Zeull FRONT: Eric Johnson,City Administrator RE: Position Offer—(TENTATIVE-PENDING COUNCIL APPROVAL_—planned for 1-14-14) Dear Ms.Zeuli: At this time,the City is extending to you an offer of temporary employment for the Summer of 2014,as the Summer Park Events Coordinator extending from June 1,1 thru approximately September 19,2014. (Pending a traditional Background Check by the City Police Department). The duties anticipated are generally found in the attached job description and require you plan and execute a minimum of six(6)"Family Focused'Events and a minimum of eleven(11)"Children's Events';to be held in the City Park systems consistent with the Oak Park Heights Proposed Summer Programming documents—(See Appendix A).As in previous years, you will work with the Park Commission directly to finalize actual events, budgets,locations,dates,etc. For compensation,the City will issue to you seven (7)equalized bi-weekly paychecks on the 15th and 30th of each month for work completed based on the salary stated below. It is unclear exactly how many hours will be required to fulfill the programming requirements,thus the position('exempt")is based on a total gross salary and you would simply provide the necessary time to successfully execute each event, Position Title: Temporary Summer Park Events Coordinator(See Job Description— enclosed as Appendix B) Total Gross Salary: $6,500,00 (leaving a separate$1,004 for otherassistance if desired) Fringe Benefits: None Approx.Start!End Date: June 1,2014—September 21,2014. Please sign below(and return to my attention)acknowledging your receipt and acceptance of this position and its general scope. Date Ms.Gina Zeuli (Gina:Please also complete the attached forms in Appendix C:W-4; k9 and Background Check waver and return these to me) Page 36 of 116 APPENDIX A; Oak Park Heights Summer Programming -2014 TBD Page 37 of 116 APPENDIX B: Job Description Page 38 of 116 CITY CE OAK PARK HEIGHTS TITLE: EVENT'S COORDINATOR—(CONTRACTED) DEPARTMENT: PARKS REPORTS T®: CITY ADMINISTRATOR SUMMARY OF POSITION Under general direction, coordinates and plans special events and activities in City Parks to enhance the City's c01nrmnZity relationship. Performs other related duties as assigned. ESSENTIAIL,JOB FUNCTIONS I. Flans, organizes,coordinates, promotes, and facilitates special events at City parks; 2. Schedules and maintains communication with speakers, vendors, and participants; 3. Coordinates and monitors event timelines; 4. Assists in preparing a variety of publications, materials, and programs for events; 5. Coordinate fundraising efforts,including soliciting donations, sponsorships,and prizes for raffles and other events; 6. Designs posters, fliers, displays and other public relations releases; 7. Attends meetings to report on program activities; 8. Explains policies and procedures for use of City parks to clients and the general public; 9. Resolves problems or complaints from clients or the public in accordance with established policies and procedures; 10. Opens and secures facilities before and after events; I I. Writes event reports noting attendance, tithes, and significant problems; 12. Maintains communication with law enforcement and emergency medical services in order to inform them of potential situations that may have an effect on their department or on the City in general; and 13. Performs other duties as may be required or assigned. Page 39 of 116 KNOWLEDGE, SKILLS,AND ABMITIES m Ability to direct and manage the wort; activities of multiple support staff groups and satisfy the contract requirements for events; ® Ability to plan, service, and supervise a variety of events; Ability to anticipate equipment and other needs for individual events. ® Ability to effectively plan one's own work and the work of others; ® Ability to work independently and to meet deadlines; o Ability to work as a member of a team; * Ability to supervise others; e Ability to follow oral and written instructions; Ability to communicate effectively, both orally and in writing; o Ability to develop and maintain effective working relationships with a wide variety of people; Ability to exercise initiative,discretion,and independence of judgment; * Ability to work effectively under pressure and competently handle a number of different tasks at one time; ® Ability to plan and perform duties with only general minimum supervision; and ® Ability to establish and maintain effective working relations with co-workers, City officials, and general public REQUIRED QUALIFICATIONS High school diploma or equivalent 6 Three (3) years of customer service and/or public relations experience; or a combination of education andlor experience that is accepted as equivalent g Valid driver's license DESIRED QUALIFICATIONS Experience with city, county, or related government parts agency _ age 40 of a Previous experience in public relations or event planning highly desirable ® Knowledge of City parks OTHER IT11 MS EMPIoyees in this classification work irregular hours, evenings,and weekends. PffYS CAE DEMANDS While performing the duties of this position, the employee may need to climb, balance, stoop,kneel, crouch or crawl. The employee may occasionally be required to extend for a period of time and may occasionally be required to lift and/or move up to 40 lbs. WORK ENVIRONMENT While performing the duties of this job,the employee will work in outside weather conditions(from extreme cold to extreine heat). Noise level in the work environment is usually moderate to loud, although the ability to work with constant noise distractions is required. Please Mote: The above examples and elements are intended only as an illustration of various types of work Performed and related drill sets needed by the City and is not all-inclusive. The job description is subject to change as the needs of the employer and requirements of the job change. It is the policy of the City of Oak Park Heights to provide equal employment opportunities to all persons. All employment policies and practices shall be non-discriminatory,in compliance with federal laws, statutes and local ordinances. - Page 41 of 116 APPENDIX C: Additional Employment Documents - Page 42 of 116 POLICE DEPARTMENT - � CITY OF OAK PARK HEIGHTS 14168 OAK PARK BLVD.NORTH•P.O.BOX 2097 Brian DaRosier OAK PARK HEIGHTS,MINNESOTA 55082 y� .r TELEPHONE:(651)439-4723 Chief a€Pollee S yr, FAX:(651)439-3639 EMERGENCY:911 Date: The following named individual has made application with the City of Oak Park Heights for employment. Last Name of Applicant: First Name: Middle: Maiden, Alias or Former: Address: Date of Birth: Race: Gender (M or F): Social Security number(optional): I authorize the City of Oak Park Heights to conduct a background investigation. I also authorize the Minnesota Bureau of Criminal Apprehension to disclose all criminal history record information to the City of Oak Park Heights Police Department for the purpose of employment with the City of Oak Park Heights. The expiration of this authorization shall be one year from the date of my signature. Signature of Applicant Dam Notary Signature Date 'If applicant is under 18, parent or guardian must sign below authorizing the background cheep and criminal history. l'arenttGuardian Signature Parent/Guardian Print Name Date Page 43 of 116 Departtnentof Homeland Security OMB No. 1615-0047;Expires 08/31/12 U.S.Citizenship and Immigration Services Form I-4, Employment Eligibili Verification Read instructions carefully before completing this form. 7'he instructions must be available during completion of this fot rrl. ANTI-DISCRIMINATION NOTICE; It is illegal to diserbidnate against work-authorized individuals.Employers CANNOT specify which doe future expi uments)they will accept fl'om an errs ployee. The refusal to hire an individual because the documents have a ration date may also constitute illegal discrimiLtion. Section 1.Emplgyee Information and Verification(Ta be cn,tt led and si ned by em !oyes at the time emplo men/begins.) 1'rlrrt Nam&: La„ct �1rS( .. Middlc luiGal Maiden Nanne Address(Street Nanre arrd Nrurrber) Apt# Date of Birth{arnnrhfdwviwar) City State Zip Code Social Socurity If I am aware that federal law provides for I attest,under penalty or perjury,drat I am(check one of the following): imprisonment and/or fines for false statements or 0 A citizen of the United States use of false documents in connection with the E] A nonciiizen national of the United States(see instructions) completion of this form. A lawful permanent resident(Alien#) An alien authorized to work(Alien#or Admission fl) Employee's Signature until(ex iration date,if applicable.inonUt/d wear Date(nron,h/dry/)'ear) Preparer and/or Translator Certification(1,be canlpteied andsigned(Section 1 Lr prepared by a person other Bran rile etrrplayee f t awes, under peaalrr'ofpe,j'rra',that 1 have assisred in the completion oj',his farm acrd that to the best of my knotuiedge the Arformatiorr is trite wad correct Rrepurer'sfrranslntrr's Signature Print lvdit?e Adams(Street Name and Number,City,$fate,Zip C(jde) Date(month/d�•!vea,) Section I Employer Review and Verification(To be completed and signed by emu/Oyer, Examine one document from List A OR examine one document from List B and one from List C,as listed on the reverse of expiration date, !f this farm, and record the rifle,ni{lptlpet',and •any,of the docrrnpent(s).) List A Olt List B AND Dncumcnt Gtle: List C Issu ing authority: t llaenment#: �, F.xpir-a(ion Date(ifany): r;' Document#: Expiration Date(ifany): k CER'I IFICATIdN.I attest,under penalty of perjury,that I have examined the documents)presented by the above-named employee,that the above-listed documengs)appear to be genuine and to relate to the employee named,that the employee began employment an (mantli/ddy:i en,y and that to the best of my knowledge the employee is authorized to worst in the United States. (State employment agencies may omit the date the employee began employment,) Signature of EmployeroI Author zed Representative Print Nane Title Sttsiness or Organization Natne and Address(Street Name a,rd,Vxrnber,Cirv,stare,Zip Code) Elate(ruorarh,Gm'j,eat) Section 3.Updatin and Reverification(To be completed andSigned by employer) A.New Name.(rfapplicable) 8,Date of Rehire(nrotrtlr/da}et m){iJapplicable) C.lfemployee's previous grant of work authoriaatioa has expired provide the information below for the document that establishes current employment authorization. Document Title: Document#: Iattest,under coal of try, Expiration Date(tfamt : P ty nt(s) that to the best of nr}kaawledric,this esnptoyee Is Authorized to work in the baited States,and if the employee presen teal documcnt(s),the dncument(s)!have examined rtppcar to be genuine and to relate to the individual. Signatun:of Employer or Authorized Representative Date(nront/dav/lear) Form l-9(Rev.08/07/09)Y PagL a Page 440f 116 LISTS OF ACCEPTABLE DOCUMENTS All documents must be unexpired LIST A LIST B LIST C DdclumentS that Establish Both Documents that Establish Documents that Establish Identity and Employment Identity Employment Authorization Authorization OR AND I. .S.Passport Card t. Driver's license or ID card issued by !. Social 5ecuriky Account Number a Slate or outlying possession of the card other than one that specifies United States provided it contains a on the face that the issuance of the photograph or information such as card does not authorize nt Card or Alien name,date of birth,gender,height, employment in the United States pt Card(Form eye color,and address 2. Certification of Birth Abroad 2. !D card issued by fed eral,state or issued by the Department of State. 3. Foreign passport that eontains a local go\crnment agencies or temporary 1-551 stamp or temporary it {Partin FS-S45} 1-551 printed natation on a machine- entities,provided it contains a photograph or information such as readable immigrant visa name,date of birth,gender,height, eye color,and address 3. Certification of Report of Birth issued by the Department of State 4. Employment Authorization Document 3, School 1D card with a photograph (Form DS-1350) that contains a photograph(Form [-766) 4. Voter's registration card 4. Original or certified copy of birth certificate issued by a State, S. In the ease of a nonimmigrant alien 5, U,S,Military card or draft record county,municipal authority,or authorized to work for a specific territory of the United States employer incident to status,a foreign f,. MiIiCary dependent's ID card bearing an official seal passport with Form 1-94 or Form 1-94A bearing the same name as the passport and containing an 7• U.S.Coast Guard Merchant Mariner endorsement of the alien's Card 5. Native American tribal document nonimmigrant status,as long as the period of endorsement has not yet S• Native American tribal document expit,cd and the proposed 6, U.S.Citizen ID Card(Form 1-i97 employment is not in conflict with 9. Driver's license issued by a Canadian ( ) any restrictions or limitations government authority identified on the form _ For persons under age 1S who 7. Identification Card for Use or are unable to present a Resident Citizen in the United b. Passport from the Federated States of document listed Above: States(Form 1-179) Micronesia(FSM)or the Republic of the Marshall Islands(RMI)with 10. School record or report card S. Employment authorization Form 1-94 or Form 1-94A indicating document issued by the nonimmigrant admission under the 11. Clinic,doctor,or hospital record Department of Homeland Security Compact of Free Association Between the United States and the FSM or RMI 12. Day-care or nursery school record Illustrations of many of these documents appear in Part 8 of the Handbook for Employers(M-274) Farm t-9(Rev.08107149)Y I'sge 5 Page 45 of 116 �� VV-4 Complete all wgrkshee3ts that apply,Nowever,you income,see Pub,505 to find out if you should adjust tJ C3 II may claim fewer for zero)allowances.For regular your withholding on Form w-4 or W-4P. wages,withholding must be based on allowances Two earners or multiple jobs.If you have a Purpose.Complete Form W-4 so that your you claimed and may not be a flat amount or working sp employer can withhold the correct federal income percentage of wages. otrsa or more than one job,figure tire tax Isom vDiff pay Consider completing a new dorm total number of allowances you are entitled to claim W-4 each year and when our Personal or financial Head of household.Generally,you can claim head on all jobs using worksheets from only one Form situation dlangen y p of household filing stator on your tax return only if W-4,Your withholding usually will be most sccurale you are unmarried and pay more than 50%of lice when aif atlowances are claimed on the Form W-4 Exemption from withholding.If you are exempt, costs of keeping up a home for yourself and your for the highest paying;rob and zero allowances are complete only lines 1,2,3,4,and 7 and sign the dependents)or other qualifying individuals.See claimed on the others-See Pub.505 for details. torn)to validate it.Your exemption for 2012 expires Pub.501,Exemptions,Standard Qeduction,and Nonresident alien fE ell are a nonresident alien, February 18,2013_See Pub.5%.Tax Withholding Filing Information,for information_ 5' and Fetimated Tax. see Notice 1392,Supplemental Fomrl W-4 Tax credits.You can take projected tax credits into Instructions for Nonresident Afians,before Note.If another person cart claim you as a accrount in figuring your allowable number of completing this form. dependent on his or her tax return,you cannot claim withholding allowances.Credits for child or Check exemption from withholding if your income exceeds dependent care axp your wftft#laldin eni and the child tax credit g.After your hoar,Yv-4 takes $950 and includes more than$300 of unearned may be claimed using the Personal Allowances effect,use Pub,505 to see how the amount you are income(for example,interest and dividends), Worksheet below.Sea Pub.505 for information on having withneid compares to your projected total,tax converting your other credits into withnoldin_ for 2012.See Pub-505,especially if your earn nqs Basic rsonal Allow If you are not exempt,w.Tne Pe a exceed 5130,000(Single)or$780,000(Wiarried}. the Personal Allowances Worksheet below.The allowances. worksheets on page 2 further adjust your Nonwage Income.It you have a large amount of Future developments.The IR,S has created a page withholding allowances)rased on itemized nonwage income,such as interact or dividends, on IRS.gov for information about Form W-4,at deductions,certain credits,adjustments to income, consider making estimated taw paymenis using Form wwwdrB.govlw4.information about any future or two-eamersrmultiple fobs situations. 1040-ES;Estimated Tax for individuals.Mar v,,i5e,you developments affecting Form W-4(such as may owe additional tax,If you have pension or annuity legislation enacted after we release it)will be posted on that page. Personal Allowances Worksheet(Keep for your records.) A Enter"1"for yourself 4 no one else can claim you as a dependent . . . . . , . . . - A •You are single and have only one job;or B Enter 1"if You are married,have only one job, and your spouse does not work;or j3 Your wages from a second job or your spouse's wages(or the total of both)are$1,500 or less. C Enter"l°for Vour spouse.But,you may choose to enter"-13-"if you are married and have either a working spouse or more than one job.(Entering"-0-"may help you avoid having too little tax withheld.) . . C D Enter number of dependents(other than your spouse or yourself)you will claim on your tax return . D _ E Enter"1"if you will file as head of household an your tax return(see conditions under[lead of household above) E F Enter°1"if you have at least$1,900 of child or dependent care expenses for which you plan to Claim a credit F (Note.Do not include child support payments.See pub.503,Child and Dependent Care Expenses,for details.) G Child Tax Credit(including additional child tax credit).See Pub.972,Child Tax Credit,for more information. ®if your total income wil!be less than$61,000($90,000 if married),enter"2"for each eligible child;then less"1"if you have three to seven eligible children or less"2"if you have eight or more eligible children. a If your total income will be between$61,000 and$84,000{$90,0100 and 5119,000 if married),enter"1"for each eligible child a H Add lines A through G and enter total here.(Note.This may be different from the number of exemptions you claim on your tax return.) b H — C If you plan to itemize or claim adjustments to income and want to reduce your withholding,see the Deductions For accuracy, and Adjustments Worksheet on page 2. complete all - If you are single and have more than one job or are married and you and your spouse both work and the combined Worksheets earnings from all jobs exceed$40,000($10,000 if married),see the Two-Earners/Multiple Jobs Worksheet on page 2 to that apply. avoid having too little tax withheld. •If neither of the above situations applies,stop here and enter the number from line H on line S of Form VV-4 below, -------------- Separate here and give Form W-4 to your Kee employer. P the top part for your records-------------------------------- Farm Employee's Withholding Allowance Certificate 0i No.1545-0074 � ...Aea Department of the Treasury �-Whether you are entitled to claim a certain number of allowances or exemption from withholding is �f 1 Internal Ravenue Service subject to review,by the IRS,Your employer fri be required to send a copy of this form to the IRS, GI 1 Your first narno and middle initial Last name 2 Your social security number Horns address(number and street or rural route) f� !!��I - ---- 3 Q Single I_.I Warned ❑rJarried,but withhold at higher Single rate. Nola. It married,but legally separated,or spouse is a nonresident alien,check the"Single"box. Cdy a town,Stale,and 7_RP code 4 if your last namo dlffers from that shown on your social security card, check here.You must call 1-800.77k-1213 for a replacement card.. W ❑ 5 Total number of allowances you are claiming(from line H above or from the applicable worksheet on page 2) 5 6 Additional amount,if any,you want withheld from each paycheck 6 EE --- 7 I claim exemption from withholding Far 2012,and I certify that I meet both of the following conditions for exemption. •Last year I had a right to a refund of all federal income tax withheld because f had no tax Iiabiiity,and •This year I expect a refund of all federal income tax withheld because I expect to have no tax liability. _ if you meet both conditions,write"Exempt"here. b 7 Under penaftles of perjury,I demote that I have examined this certificate nowl te and,to the best of my edge and belief,it is true,correct,and complete. Employee's signature (This form is not valid unless you sign it,) p Date m BW Employers name and adorers(Em,7royer.Comalete Ines 8 and 10 only if sending to the IHS.) 9 Of?ice code(optionafi 10 Employer identification number(i For Privacy Act and Paperwork Reduction Act Notice,see page 2. Cat.No.102210 Form ail-4 f2o12) Page 46 of 116 Form w-4(2012) Page 2 Deductions and Adjustments Worksheet Note.Use this worksheet only if you plan to itemize deductions or claim certain credits or adjustments to income. 1 Enter an estimate of your 2012 itemized deductions. These include qualifying home mortgage interest, charitable contributions, state and local taxes, medical expenses in excess of 7.5%c of your income, and miscellaneous deductions . . . . . . . . . . . . . 1 $ $11,900 if married filing jointly or qualifying wldow(er) 2 I=nter: $8,700 if head of household 2 $ $5,950 if single or married filing separately 3 Subtract fine 2 from line 1.if zero or less,enter"-0-" 3 $ 4 Enter an estimate of your 2012 adjustments to income and any additional standard deduction(see Pub.5+75) 4 $ 5 Add lines 3 and 4 and enter the total. (include any amount for credits from the Converting Credits to Withholding Allowances for 2012 Form Vii-4 worksheet in Pub.505.). . . . . . . . . . . . 5 $ 6 Enter an estimate of your 2012 nonwage income(such as dividends or interest) 6 $ 7 Subtract line 6 from line 5.If zero or less,enter" 0 " 7 $ 8 Divide the amount on line 7 by$3,800 and enter the result hero.Drop any fraction 8 9 Enter the number from the Personal Allowances Worksheet,line H,page 1 . . . . . . . , . 9 10 Add lines 8 and 9 and enter the total here.If you plan to use the Two-(Earners/Multiple Jobs Worksheet, also enter this total on line 1 below.Otherwise,stop here and enter this total on Form W-4,line 5,page 1 10 Two-Earners/Muilti le.fobs Worksheet See Two earners or multi le j2LE on a e 1. Note.Use this worksheet only if the instructions under line H on page 1 direct you here. 1 Enter the number from line H.page 1(or from lute 10 above if you used the Deductions and Adjustments Worksheet) 1 2 Find the number in Table 1 below that applies to the LOWEST paying job and enter it here. However,if you are married filing jointly and wages from the highest paying job are$65,000 or less,do not enter more than"3„ 3 if line 1 is more than or equal to line 2, subtract line 2 from line 1. Enter the result here (it zero, enter "-0-")and on Form W-4,line 5,page 1. Do not use the rest of this worksheet . . . . . . , , 3 Note.If line 1 is less than line 2,enter"-O-"on Form'N-4,line 5,page 1.Complete fines 4 through 9 below to figure the additional withholding amount necessary to avoid a year-end tax bill. 4 Enter the number from line 2 of this worksheet 4 _ 5 Enter the number from line 1 of this worksheet . . . . . . . 5 6 Subtract line 5 from line 4 . . . . . , , , . . . . . . 6 7 Find the amount in Table 2 below that applies to the HIGHEST paying job and enter it here . . . . 7 $ - 8 Multiply line 7 by line 6 and enter the result here.This is the additional annual withholding needed . , 8 $ _ 9 Divide line 8 by the number of pay periods remaining in 2012. For example, divide by 26 if you are paid every two weeks and you complete this form in December 2011.Enter the result here and an Farm W-4, line 6,page 1.This is the additional amount to be withheld from each paycheck . . . . . . . . 9 $ Table 1 Table 2 Married Filing Jointly Ali Others Married Filing Jointly All Others It wages from LOWEST Enter on If wages from LOWEST Enter on It wages from HIGHEST Enter on if wages from HIGHEST Enter on paying job are-- line 2 above paying job are- line 2 above paying job are- line 7 above paying job are- line 7 above $O - $S,QDO 0 $0 - $5,000 0 $0 - $70,OOQ $570 $0 - $35,000 $570 5,001 - 12,000 1 6,007 - 15,000 1 70,001 - 125,000 950 35,001 - 90,000 950 12,001 - 22,000 2 15601 - 25,000 2 125,001 - 190,000 1,060 90,001 - 170,000 1,060 22,001 - 25,000 3 25,001 - 30.000 3 190,401 - 340,000 1,250 170,001 - 375,000 1,260 25,001 - 30,001) 4 30,001 - 10,000 4 340,001 and over 1 a75.001 and over 1,330 30,001 - 40,000 E 40,001 - 50,000 5 40.001 - 48,000 6 50,301 - 65,000 6 484001 - 55,000 7 65,001 - 8.0,000 55,001 - 65,000 8 80,001 - 95.000 R 65,001 - 72,000 9 95,001 -120,000 9 72,001 - 85,000 10 126,007 and over 10 85,001 - 97,000 11 97,00t -110,000 12 110.001 -120,000 13 120,001 -135,DDO 14 135,0D 1 and over 15 Privacy Act and Paperwork Reduction Act Notice.We ask for the intonnation on this You are not required to provide the hiarmatinn requested on a tor-that Is subject to the form to carry out it*filie*nai Revenue laws of the Onied States.Internal Revenue Cade Paperwork Reduction Act unless the ferrn displays a valid OMB control numba-.Books of sections 340211 and 61 De and their regOPations rqufre you to provide this information;ymt records relating to a form ar its insl=tions mus!be retained as long as their contents may employer uses it It determine your IPFJt3r"al lnrome tgx wllhho€dirg.Failure to provide a becoi material in IN admihalralicn of an)r Internal Revenue law.Gansraffy,tax returns and properly completed farm will result in your being treated as a single person who claims no return information are ronfidenual,as required by Code section 6103. tealhholding allomdnces;providing haudulent information may subject you to penalties.Routine Tlrn average time antl expensos required to eomple[a artd file this form vriEl vary depending uses of this information ities,s t t i,the D giving it to trim Department e1 Justice fur th and criminal o'1 Individual ciroumstances,For eslimaled averages,see the instructions for yo,, income tax gotten;to cities,states,the District of Columba,and U.S.commonvrealths and pos essicns for use in administering their tax laws;and to the Cepartment of Het€th and Human Services return` for use in the National Directory of New hires.We may also disclose tn-s information to other If ya;e have suggestions for making this form simi would be happy to hear from you. countries under a tax treaty.to federal and state agencies to enforce federal nontax criminal See the instructions for your income tax ream. lays,or to federal law onforcrxnent and irtelficenre agencies to combat terrorism. Page 47 of 116 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 48 of 116 10 Oak Park Heights Request for Council Action Meeting Date January 14`h. 2014 Time Required: 1 minute Agenda Item Title: Approve Salary Adjustment for Exempt Employees Agenda Placement Consent Agenda Originating Department/Request E ' J son, t Administrator Requester's Signature Action Requested Avnrove Szv Adiustments for Exempt.Employees for 2014 —See Below Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Typically, the City Council takes action on wage adjustments on an annual basis for exempt(non- represented employees). The Action requested at this time is to approve a 3.0%wage increase for the Senior Accountant Position and the Deputy Clerk/Administrative Secretary positions. The 2014 Budget as approved does have adequate funding for 3.0% increase for Senior Accountant Position and the Deputy Clerk/Administrative Secretary Position and does mirror increases for other employees. In addition, these positions would similarly follow the health care contribution increases by the represented employees. 2011 was 0.0% 2012 was 1.5%. 2013 was 3.0% 2014--proposed 3.0% Page 49 of 116 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 50 of 116 11 F d Oak Park Heights Request for Council Action Meeting Date January 14th 2014 Time Required: 5 Minutes Agenda Item Title; Consider Ordinance Amendments=4Q 1 15 Signs - Capaeity for Electronic Messaize Boards Agenda Placement OId Business f Originating Department/Reque off`,`l JUJohnson,.Ciii Administrator Requester's Signature F Action Requested Discussion Action on proposed City Council Resolution Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached documents 1. Memo from City Planner Scott Richards—dated Sept 6 h,2013 (why the City is invest i,-ating this matter) 2. Memo from City Planner Scott Richards—dated Dec 0,Update 3. Recommending Resolution of the Planning Commission on proposed changes to Sign,Ordinance (Unsigned) 4. City Resolution for Ordinance amendments to 401 —Electronic Message Boards 5. Final language for City Ord 441.15 G Signs. Page 51 of 116 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427,0520 TPCTPC0q-PfanninqCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: September 6, 2013 RE: Oak Park Heights — Electronic Message Boards — Planning Commission TPC FILE: 236.01 — 13.06 Background The Planning Commission, its August 13, 2013, meeting discussed electronic message boards and asked City Staff why they were not allowed within the City. Many of the members indicated that electronic message boards would be preferred over the manually changed message boards. The Planning Commission asked City Staff to schedule a public hearing for the September 12, 2013 meeting to discuss this issue further. In that this is a new project, it was necessary for the City Council to review a Work Program before the project commences. This effort will involve a thorough review of the current definitions and regulations, review other City's regulations, and drafting amendments to the Zoning Ordinance. The City Council at their August 27, 2013 meeting concurred with the Planning Commission and authorized City Staff to proceed with the work program as follows: Work Program August 27, 2013: City Council approves Work Program and Budget. September 12, 2013: Initial meeting of Planning Commission to discuss current regulations and review other Cities regulations. Open/continue public hearing. September/October City Staff drafts revisions to sign regulations. October 10, 2013: Planning Commission reviews regulations, continues public hearing, makes suggestions on text language and recommends approval. Page 52 of 116 October: Staff drafts changes to language, Planning Commission recommending resolution and City Council ordinance. October 29, 2013: City Council adopts Zoning Ordinance Amendments. Estimated Costs The City Council authorized a study and Ordinance amendments that would not exceed $3,500.00 in costs, Exhibits Please find as follows Exhibits for your consideration on this matter: Exhibit 1: Section 401.15.G. Signs. The existing Oak Park Heights sign regulations. Exhibit 2: Pictures of electronic message signs. Exhibit 3: City of Lakeville electronic sign regulations. Exhibit 4: City of Minnetonka electronic sign regulations. Exhibit 5: City of Stillwater electronic sign regulations. Exhibit 6: City of Woodbury electronic sign regulations. Analysis The four cities that were selected were done so in that they provide a range of options related to changeable message boards, electronic display signs or dynamic displays. There are a number of technologies available and we must assure as we amend the sign regulations that all are taken into account and addressed. The main focus of this study is changeable message boards and the possibility of allowing them in reasonable applications. Lakeville and Minnetonka were chosen as examples in that they have been the Metro leaders in providing detailed and thorough requirements related to changeable message boards and dynamic displays. Both have significant freeway frontage and have had to deal with the dynamic display bill boards that are prevalent now. Stillwater was chosen because of its proximity and the fact that we share the same frontage on Highway 36. Woodbury was also chosen in that it is also has freeway frontage and in the east Metro. Lakeville Attached is a copy of the Lakeville regulations related to changeable copy signs. Please note that changeable copy signs require a yearly license. Also, please find attached the requirements for dynamic display signs. The Planning Commission should review the definitions, in that they clarify the difference in types of electronic signs. While licensing every electronic sign may be difficult and time consuming, it does provide a mechanism to keep track of legal and illegal signs. 2 Page 53 of 116 Minnetonka Provided as attached are sections of the Minnetonka sign regulations that address electronic signage. The sections on changeable messages and dynamic displays should be noted. Stillwater Stillwater currently has regulations similar to Oak Park Heights as it relates to electronic signs. It prohibits electronic reader board signs, except for time and temperature information and barber poles. Additionally they prohibit signs with any moving parts, and those that are animated. It does not address changeable message boards specifically. Woodbury Woodbury prohibits motion signs but does allow reader board and electronic display signs through the issuance of an interim use permit. The messages are not allowed to change more than once a day. Please note the definitions for motion signs and electronic display signs. Conclusion/Recommendations The first step in this study is to look at what other cities in the Metro area are doing in terms of regulating electronic signs. If the Planning Commissioners have any other examples or other cities they would suggest, that would be encouraged. The focus on this study is on changeable message boards, but in the process of defining and regulating their use, we may need to update our definitions and list of acceptable and prohibited signs to deal with new technologies. The Planning Commission should read over these regulations and define what may be acceptable and not acceptable for Oak Park Heights. Page 54 of 116 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 ,5810 Facsimile: 763.427.0520 TPCTPCCd-P1anningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: December 4, 2013 RE: Oak Park Heights — Electronic Message Boards — Planning Commission TPC FILE: 236.01 — 13.06 Background The Planning Commission, its November 14, 2013, meeting discussed electronic message boards and the draft language that had been prepared by City Staff. The Planning Commission had opened the public hearing at the September 12, 2013 meeting and continued the review and hearing to the December meeting. At the November meeting, the Planning Commission recommended the language as found attached, except for a limit on the frequency of how often the message of an electronic message board sign could change. The Planning Commission asked staff to research other cities requirements and report back at the December meeting. The thought of the Planning Commission was to limit the discussion to just the timing issue in that there was agreement on the other draft sections. Please find attached the December 3, 2013 draft of the sign ordinance with the minor changes suggested by the Planning Commission. The language in bold is new and the language to be eliminated is stricken. Results of Ordinance Review As follows, please find the results of the ordinance review of other cities related to the frequency of how often the message of an electronic message board could change. The focus was on those cities in the east metro area, with others that had previously been discussed or used as examples. Stillwater: Time and temperature signs and barber poles allowed. No length of time specified. Lake Elmo: 10 seconds Page 55 of 116 Bayport: Time, date, temperature, weather or public service info allowed. No length of time specified. Mahtomedi: 8 seconds Maplewood: 2 minutes Oakdale: 60 seconds White Bear Lake: 20 minutes / Gas Stations - 30 minutes North_ St. Paul: Public service, civic, date, time, temperature, and weather allowed. No length of time specified. Little Canada: 10 minutes Woodbury: Once per day Lakeville: 1 minute Minnetonka: 20 minutes 1 Three seconds for hour and minute, date, or temperature. Conclusion/Recommendations The Planning Commission should review the examples of timing from other communities. Staff s recommendation is that the Planning Commission should set timing for reader board messages and a separate for the hour and minute, date and temperature messages, similar to the Minnetonka requirements. The Planning Commission should make a final recommendation on the Ordinance changes for review by the City Council at its December 26, 2013 meeting. 2 Page 56 of 116 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISIIING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL A ZONING ORDINANCE AMENDMENT TO SECTION 401.02.8 AND 401.15.G.4 DEFINITIONS AND 401.15.G SIGNS RELATED TO DEFINITIONS AND REGULATIONS FOR ELECTRONIC MESSAGE BOARDS WHEREAS, the Planning Commission, with City Council approval, requested staff to consider Ordinance amendments to Section 401.02.13 and 401.15.G.4 Definitions and Section 401.15.G Signs of the Zoning Ordinance related to definitions and regulations for electronic message boards, and having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The Planning Commission has reviewed the Zoning Ordinance and examples from other cities and has determined that amendments to Section 401.02.13 and 401.15.G.4 Definitions and Section 401.15.G Signs of the Zoning Ordinance related to definitions and regulations for electronic message boards is justified and follows the original intent of the Zoning Ordinance; and 2. City Staff prepared draft Zoning Ordinance amendments which were reviewed by the Planning Commission; and 3. The Planning Commission held a public hearing at a December 12, 2013 meeting, took comments from the public and recommended amendments to the Zoning Ordinance as found as follows; and 4. Sections 401.02.13 and 401.15.G.4 Definitions and Section 401.15.G Sign regulations of the Zoning Ordinance, is recommended to be amended to include the following. The proposed language is found in bold print: Section 401.02.13. Definitions. and Section 401.15.G.4. Definitions. of the Zoning Ordinance is hereby amended to include and revise the following definitions as follows: Changeable Copy Sign, Electronic and Manual: A sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), Page 57 of 116 fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Manual signs include those with characters, letters, or illustrations that can be changed or rearranged manually without altering the face or the surface of the sign. Changeable Copy Sign; A sig�q or-portion thereof with characters, letters, e sur-faee ef the sign. A sign an whieh the ffiessage ehanges more gian eight (8) sign for-purposes of this Ordinance Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. Electronic Graphic Display Sign: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. Multivision Sign: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two (2) or more images. 2 Page 58 of 116 Official Sign: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. Section 401.15.G.7 Prohibited Signs in any Zoning District. of the Zoning Ordinance is hereby amended to include the following as follows: r. Dynamic display signs. S. Electronic graphic display signs. t. Multivision signs. U. Video display signs. Section 401.15.G.8.e. Prohibited Signs and Displays for Special Events. of the Zoning Ordinance is hereby amended to include the following as follows: Prohibited Signs and Displays for Special Events. The signs or displays described below are prohibited for special events: 1) Animated signs, dynamic display signs, electronic graphic display signs, multivision signs, video display signs, light bulb strings, pennants, portable signs, ribbons, and streamers. Section 401.15.G.9 District Regulations of the Zoning Ordinance is hereby amended to include the following as follows: b. O, Open Space Conservation and R-3, Multiple Family Residential Districts. 5) Changeable Copy Signs - Manual and Electronic — Non Residential Uses in the O, Open Space Conservation District. 3 Page 59 of 116 a) One manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be on freestanding signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. (3) The changeable copy portion of the sign shall not occupy more than thirty five (35) percent of the actual copy and graphic area of the sign. (4) The sign message shall not change less than every ten (10) seconds. Hour, minute, date or temperature information shall change not less than every three (3) seconds. 6) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. b) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five hundred (500) nits from sunset to sunrise measured at the sign face at maximum brightness. C) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts square foot of sign surface area. 4 Page 60 of 116 d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with subsections and F3 of this section to the city upon request by the zoning administrator. Section 401.15.G.9 District Regulations of the Zoning Ordinance is hereby amended to include the following as follows: C. P/I, Public Institutional; R-B, Residential Business; and B-1, Neighborhood Business Districts 4) Changeable Copy Signs - Manual and Electronic — P/1 Public Institutional District. a) One manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be on freestanding signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. (3) The changeable copy portion of the sign shall not occupy more than thirty five (35) percent of the actual copy and graphic area of the sign. (4) The sign message shall not change less than every ten (10) seconds. Hour, minute, date or temperature information shall change not less than every three (3) seconds. 5) Electronic Sign Illumination 5 Page 61 of 116 a) Electronic signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. b) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five hundred (500) nits from sunset to sunrise measured at the sign face at maximum brightness. C) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with subsections and F3 of this section to the city upon request by the zoning administrator. Section 401.15.G.9 District Regulations of the Zoning Ordinance is hereby amended to include the following as follows: d. B-2, General Business; B-3, Highway Business and Warehousing; B-4, Limited Business District; and 1, Industrial Districts. 4) Changeable Copy Signs - Manual and Electronic a) One manual or electronic changeable copy sign shall be allowed per site provided that the changeable area is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be on freestanding signs. 6 Page 62 of 116 (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. (3) The changeable copy portion of the sign shall not occupy more than thirty five (35) percent of the actual copy and graphic area of the sign. (4) The sign message shall not change less than every ten (10) seconds. Hour, minute, date or temperature information shall change not less than every three (3) seconds. 5) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. b) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five hundred (500) nits sunset to sunrise measured at the sign face at maximum brightness. C) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with 7 Page 63 of 116 subsections and F3 of this section to the city upon request by the zoning administrator. NOW,THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The Zoning Ordinance is amended to add definitions and regulations for electronic message boards; and B. Copies of the recommended Zoning Ordinance amendment are on file at City Hall. Recommended by the Planning Commission of the City of Oak Park Heights this 12th. day of December 2013. Jennifer Bye, Chair ATTEST: Eric A. Johnson, City Administrator S Page 64 of 116 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2014- - AN ORDINANCE AMENDING CHAPTER 401 , ZONING ORDINANCE, RELATED TO DEFINITIONS AND REGULATIONS FOR ELECTRONIC MESSAGE BOARDS THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.02.B. Definitions. and Section 401.15.G.4. Definitions. of the Zoning Ordinance is hereby amended to include and revise the following definitions as follows: Changeable Copy Sign, Electronic and Manual: A sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Manual signs include those with characters, letters, or illustrations that can be changed or rearranged manually without altering the face or the surface of the sign. Changeable Copy Sigm A sign GF PG000R thereef with GharaGters-, the faGe er the surface of the sign. A sigR GR which the message GhaRgeS R;ere thaR eight (8) times peF day shall be Gonsidered an animated SigR and Rot a nh-a-geahle nnnti Sinn for nr Fpeses of this Cl4 ui r..+ Rot u yr ru Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated Page 65 of 116 through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. Electronic Graphic Display Sign: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. Multivision Sign: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two (2) or more images. Official Sign: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. SECTION 2. Section 401 .15.G.7 Prohibited Signs in any Zoning District. of the Zoning Ordinance is hereby amended to include the following as follows: Page 66 of 116 r. Dynamic display signs. S. Electronic graphic display signs. t. Multivision signs. U. Video display signs. SECTION 3. Section 401 .15.G.8.e. Prohibited Signs and Displays for Special Events. of the Zoning Ordinance is hereby amended to include the following as follows: Prohibited Signs and Displays for Special Events. The signs or displays described below are prohibited for special events: 1} Animated signs, dynamic display signs, electronic graphic display signs, multivision signs, video display signs, light bulb strings, pennants, portable signs, ribbons, and streamers. SECTION 4. Section 401.15.G.9 District Regulations of the Zoning Ordinance is hereby amended to include the following as follows: b. O, Open Space Conservation and R-3, Multiple Family Residential Districts. 5) Changeable Copy Signs - Manual and Electronic — Non Residential Uses in the O, Open Space Conservation District. a) One manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be on freestanding signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. (3) The changeable copy portion of the sign shall not occupy more than thirty five (35) percent of the actual copy and graphic area of the sign. Page 67 of 116 (4) The sign message shall not change less than every ten (10) seconds. Hour, minute, date or temperature information shall change not less than every three (3) seconds. 6) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. b) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five hundred (500) nits from sunset to sunrise measured at the sign face at maximum brightness. c) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with subsections and F3 of this section to the city upon request by the zoning administrator. SECTION 5. Section 401 .15.G.9 District Regulations of the Zoning Ordinance is hereby amended to include the following as follows: C. P/l, Public Institutional; R-B, Residential Business; and B-1, Neighborhood Business Districts Page 68 of 116 4) Changeable Copy Signs - Manual and Electronic — P/I Public Institutional District. a) One manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be on freestanding signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. (3) The changeable copy portion of the sign shall not occupy more than thirty five (35) percent of the actual copy and graphic area of the sign. (4) The sign message shall not change less than every ten (10) seconds. Hour, minute, date or temperature information shall change not less than every three (3) seconds. 5) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. b) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five hundred (500) nits from sunset to sunrise measured at the sign face at maximum brightness. Page 69 of 116 c) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with subsections and F3 of this section to the city upon request by the zoning administrator. SECTION 6. Section 401.15.G.9 District Regulations of the Zoning Ordinance is hereby amended to include the following as follows: d. B-2, General Business; B-3, Highway Business and Warehousing; B-4, Limited Business District; and 1, Industrial Districts. 4) Changeable Copy Signs - Manual and Electronic a) One manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be on freestanding signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. (3) The changeable copy portion of the sign shall not occupy more than thirty five (35) percent of the actual copy and graphic area of the sign. (4) The sign message shall not change less than every ten (10) seconds. Hour, minute, date or temperature information shall change not less than every three (3) seconds. Page 70 of 116 5) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets.. b) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five hundred (500) nits from sunset to sunrise measured at the sign face at maximum brightness. c) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with subsections and F3 of this section to the city upon request by the zoning administrator. SECTION 7. The Planning Commission of the City of Oak Park Heights held a public hearing at a December 12, 2013 meeting, took comments from the public, and recommended that the City Council approve the amendments as provided in this Ordinance. SECTION 8. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 14th day of January, 2014 by the City Council of the City of Oak Park Heights. Page 71 of 116 CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 72 of 116 January 7, 2014 Draft 12, 17 401.15.G. Signs. 401.15.G.1. FINDINGS, PURPOSE AND EFFECT: a. Findings: The City finds: 1) Exterior signs have a substantial impact on the character and quality of the environment. 2) Signs provide an important medium through which individuals may convey a variety of messages. 3) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfa re. 4) The City Code has included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of physical characteristics of signs within the City has had a positive impact on traffic safety and the overall appearance of the community. b. Purpose and intent: It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this ordinance is to: 1) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare. 2) Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. 3) Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. 1 Page 73 of 116 4) Provide for fair and consistent enforcement of the sign regulations set for herein under the zoning authority of the City. C. Effect: A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of this Ordinance. The effect of this Ordinance, as more specifically set forth herein, is to: 1) Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this sign ordinance. 2) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this sign ordinance. 3) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. 4) Provide for the administration and enforcement of the provisions of this sign ordinance. 401.15.G.2. SUBSTITUTION CLAUSE: The owner of any sign which is otherwise allowed by this sign ordinance may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non- commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. 401.15.G.3 CONFLICT WITH ZONING ORDINANCE. If there is a conflict that occurs between this Section and other provisions of this Ordinance, as amended, the conditions as set forth in this Section, as amended, shall prevail. 401.15.G.4. DEFINITIONS. Sign Related: 1. Air Inflatable Devices: A balloon that exceeds two (2) feet in diameter. 2. Alteration: Any change to a sign excluding routine maintenance, repair, painting or change of copy of any existing sign. 1) Page 74 of 116 3. Animated Sign: Any sign that uses movement or change of lighting to depict action or create a specific effect or scene, including devices with or without a commercial message, such as spinners and windsocks, but not including barber poles and time and temperature signs. 4. Artificial Light: Illumination resulting from internal or external artificial light sources, including glare and reflected light byproducts of artificial light sources. 5. Awning: A temporary hood or cover which projects from the wall of a building, and of a type which can be retracted, folded, or collapsed against the face of a support building. 6. Balloon: A flexible, inflated bag in various shapes and colors. 7. Banner: Attention getting devices which resemble flags and are of a paper, cloth or plastic-like consistency. 8. Bannerette: Flexible material that resembles a flag, and has minimum dimensions of two (2) feet by two (2) feet and no larger than three (3) feet by five (5) feet. A smaller sized bannerette is defined as a pennant. 9. Beacon: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the light source; also, any light with one (1) or more beams that rotate or move. 10. Bench Signs: A sign which is affixed to a bench such as at a bus stop. 11. Building Facade: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. 12. Cabinet Sign: A sign that has framing around the entire sign message with a removable face. 13. Canopy Sign: The area of copy, graphic, or identification which is affixed to a projection or extension of a building or structure, including a marquee, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building, or place of assembly. 14. Changeable Copy Sign, Electronic and Manual: A sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable 3 Page 75 of 116 copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Manual signs include those with characters, letters, or illustrations that can be changed or rearranged manually without altering the face or the surface of the sign. Tv. G geahle C'nrT�.�r�Siegn, Manual: A Gigin r.T_�_n�nrFtiOGR thereof with GharaGt�_ letteFS, OF tt�GRSr that be Ghanged er rearraRged manfully without alTteFinn thcs far$ OF the S 4aGe of the sign moo ne Ghangeo morn tha h 1 es n day shall he nensirdeFed �-rrc�$�yc-vi�arrg�.�r-n-rvrc-criu�} �grr t�F�c:r��'r�ra-y-:rri cr an mated Sign and net a Ghangeabla py sign fnr PUFPOcon r.f It OFdiRaRGe. 16. Commercial Speech: Speech advertising a business, profession, commodity, service or entertainment. 17. Copy: The wording on a sign surface either permanent or removable letter form. 18. Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. 19. Electronic Graphic Display Sign: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. 20. Flag: A piece of cloth or bunting varying in color and design, used as a symbol, standard, emblem, or insignia. 4 Page 76 of 116 21. Flashing Sign: An illuminated sign upon which the artificial light is not kept constant in terms of intensity or color when the sign is illuminated. 22. Freestanding Sign: A self-supported sign not affixed to another structure. 23. Ground/Low Profile Sign: A sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is not elevated from the ground by means of a pole or free-standing support structure, but is placed directly on the ground or on an interior planter base which is incorporated into such a design arrangement. 24. Illuminated Sign: A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source. 25. Integral Sign: A sign carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure. 26. Marquee: See canopy. 27. Maximum Height of Sign: The vertical distance from the base of the sign, or the grade of the road centerline, whichever is higher, to the top of the sign. 29. Message Sign. A Sign Whirh A"AWA W be nhanged, when desiredd, thraugh a !eGtre+nir; nr Rani l Methods. 29. Monument Sign: A freestanding sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is attached to the ground by means of a freestanding support structure, is solid from grade to the top of the structure, has materials that are constructed of the same primary building materials of the principal structure, is placed directly on the ground or on an interior planter base which is incorporated into a design arrangement. A monument sign shall be considered as one sign though it may have two (2) faces. 30. Motion Sign: Any sign which revolves, rotates, has moving parts, or gives illusion of motion. 31. Multi-Faced Sign: Any sign with a sign face oriented to more than two (2) directions. 32. Multivision Sign: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two (2) or more images. 5 Page 77 of 116 33. Neon Sign: Any sign that utilizes a brightly colored gas discharge lamp without filaments that is bent into letters or designs. 34. Non-Commercial Speech: Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. 35. Official Sign: Signs of a public noncommercial nature including public notification signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official or employee in the performance of official duty. 36. Off-Premises Sign: A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off- premises sign. 37. On-Premises Messages: Identify or advertise an establishment, person, activity, goods, products or services located on the premises where the sign was installed. 38. Opaque: A degree of obscuration of light. 39. Parapet: A low protective wall which is located along the edge of a roof on a building. 40. Pennants: Flexible material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually triangular shaped and in a series, designated to move in the wind. 41. Portable Sign: Any sign which is manifestly designed to be transported, including by trailer on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. 42. Principal Building: A building or buildings in which is conducted the principal use of the lot, not including storage buildings, garages, and buildings for other clearly accessory uses. 43. Principal Frontage: The wall of the principal building on a lot which fronts toward the principal public streets. 6 Page 78 of 116 44. Projecting Sign: A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall. 45. Public Entrance: Any passage or opening which affords entry and access to the general public or customer. 46. Public Entrance, Common: A public entrance providing access for the utilization and benefit of two (2) or more tenants or building occupants. 47. Pylon Sign: A freestanding sign erected on one (1) or more freestanding shafts, posts, or piers which are solidly affixed to the ground and not attached to a building. A pylon sign shall be considered as one (1) sign though it may have two (2) faces. 48. Ribbons or Streamers: Long or varied lengths of flexible material used to decorate. 49. Roof Line: The top of the cornice or, when the building has a pitched roof, the intersection of the outside wall with the roof. 50. Roof Sign: Any sign which is erected, constructed or attached wholly or in part upon any roof or over the highest roof line of a building. 51. Rotating Sign: A sign which revolves or rotates on its axis by mechanical means. 52. Service Entrance: Secondary passage or opening to a structure which is intended for delivery and removal of merchandise or goods, and which is not intended as a public entrance. 53. Sign: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in nature of advertisement, announcement, message or visual communication, whether painted, posted printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. 54. Sign Area: The surface of the sign upon, against or through which the message of the sign is exhibited. 55. Sign Setback: The distance from the property line and curb to the nearest part of the sign, measured perpendicularly to the property line or curb. 56. Sign Structure: The supports, uprights, bracing and framework for a sign. 57. Special Events: A temporary indoor or outdoor promotional or sales event. 7 Page 79 of 116 58. Street Frontage: The side of a lot abutting one (1) or more streets. An interior lot has one (1) street frontage and a corner lot has two (2) or more frontages. 59. Temporary Indoor Promotional or Sales Event: A temporary promotional or sales event directed towards the general public including only grand openings, storewide sales, craft shows, registration for day care, an educational, recreational, civic or religious activity, and community celebrations. 60. Temporary Outdoor Promotional or Sales Event: A temporary promotional or special event sale directed towards the general public, including only grand opening sales, storewide sales of materials and products that are typically sold or serviced on the premises, registration for day care, an educational, recreational, civic or religious activity, community celebrations, warehouse sales, tent sales, sidewalk sales, craft shows, flea markets, inventory reduction and liquidation sales, and mechanical or animal rides. 61. Total Allowable Sign Area: The maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated so as to create a surface area in excess of this requirement. 62. Traffic Sign: A sign which is erected by a governmental unit for the purpose of directing or guiding traffic. 63. UL Approved: A device which has been approved by the "Underwriters` Laboratories". 64. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. 65. Wall Sign: A sign affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign does not project more than twelve (12) inches from the surface to which it is attached, nor extend beyond the top of the parapet wall. Banners do not qualify as a wall sign. 66. Wall Graphics: A sign painted directly on an exterior wall. 8 Page 80 of 116 67. Window Sign: A temporary sign affixed to the outside or inside of a window or inside the building within three (3) feet of a window in view of the general public. 401.15.G.5. GENERAL PROVISIONS. a. Traffic Signs. No sign permitted by this Ordinance shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as "stop", "caution", "warning", etc., unless such sign is needed to direct traffic on the premises. b. Signs on Fences, Poles, and Natural Features. No signs, guys, stays or attachments shall be erected, placed or maintained on rocks, fences, or trees, nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof, with the exception of signs necessary for security, or to preserve public safety, as determined by the City Council. C. Wall/Roof Attachments. No sign shall be attached to hang from any building until all necessary wall and/or roof attachments have been approved by the Building Official. d. Right-of-Way, Public Lands and Easements. No signs other than governmental signs shall be erected or temporarily placed within any street rights-of-way or upon any public lands or easements or rights-of- way. e. Ingress/Egress. No sign or sign structure shall be erected or maintained if it prevents free ingress or egress from any door, window, or fire escape. No sign or sign structure shall be attached to a stand pipe or fire escape. f. Property Number. A minimum of one (1) sign, as assigned by the City, shall be required on each principal building in all districts. Such sign shall be of sufficient size to be legible from the nearest street yet shall not exceed nine (9) square feet in area. The numbers shall be metal, glass, plastic or durable material and the numbers shall not be less than three and one-half (3.5) inches in height, in a contrasting color to the base or made of some reflective material and so placed to be easily seen from the street. g. Sign Message. Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are rotted, unsafe, deteriorated or defaced, as determined by the City Building Official shall be removed, repainted, repaired, or replaced by the permit holder, owner or agent of the property upon which the sign stands. h. Electrical Building Code. All signs shall be constructed in accordance with the Minnesota State Building Code and the National Electrical Code. 9 Page 81 of 116 The maximum brightness of the signs in combination with the building and site fighting shall not exceed the standards found in Section 401.15.6.7 of this Ordinance. All electrical service wiring shall be buried. i. Hours of Operation. Signs in the R-B, B-1, B-2, B-3, B-4, B-W, and 1 Districts may only be illuminated during business hours, or until eleven o'clock (11:00) PM, whichever is later. j. External Lighting. Signs with external lighting shall have no exposed light sources or fixtures unless decorative fixtures are utilized and the light source is fully concealed and diffused. k. Internal Lighting. Signs with internal lighting shall include illumination of only the text and/or logo portion of the message. Back lighting of signage on fabric awnings is prohibited. I. Neon. Neon signs shall be limited to channel letter signs, logos, and permanent window signage in the R-B, B-1, B-2, B-3, B-4, B-W and I Districts. m. Setbacks. No part of a sign or sign structure shall be placed closer to the property line than five (5) feet. n. Flags. No more than three (3) flags may be displayed outside of a building. This number may, however, be increased provided an interim use permit is issued in compliance with Section 401 .05 of this Ordinance and the following standards are met: 1) Where multiple flagpoles are used, there shall be a maximum spacing of twenty (20) feet allowed between the poles. 2) Where appropriate, the U.S. Flag Code, Minnesota Statutes or Executive Order shall apply to Federal and/or State flag displays. o. Angle Signs. The maximum angle permitted between faces of a double face freestanding sign is sixty (60) degrees, anything less is one (1) sign, anything more is two (2) signs. P. Property Lines. No sign shall be positioned so that it impacts or is exposed to residential uses or districts along adjoining side and rear yard property lines. 401.15.6.6. PERMITTED SIGNS IN ANY ZONING DISTRICT. The following signs are allowed without a permit unless otherwise specified. These signs, if placed in accordance with the following standards, will not apply toward the maximum allowable sign area, but shall comply with all other applicable provisions of this Ordinance. 10 Page 82 of 116 a. Campaign Non-Commercial Speech Signs. Notwithstanding any other provisions of the sign ordinance, all signs of any size containing non- commercial speech may be posted from August in any general election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election, in accordance with Minnesota State Statutes Section 211 B.045, as amended. b. Signage on bus benches, as regulated in the Oak Park Heights Code of Ordinances. For the purposes of this Ordinance, such signage shall not be considered to be off-premises advertising signage. C. Permanent Window Signage. Shall not exceed twenty-five (25) percent of the total area of the window in which they are displayed. Lettering used in permanent window signage exceeding three and one-half (3.5) inches in height shall be included in the calculations of allowable sign area permitted on that side of the building. Use of neon for permanent window sign shall be allowed within the requirements of this Section. d. Temporary Window Signs. Temporary window signs shall be permitted within the R-B, B-1, B-2, B-3, B-4, B-W and I Districts, provided that they do not exceed ten (10) percent of the front building facade. e. Additional Allowed Signs. 1) Two (2) signs not exceeding twelve (12) square feet shall be allowed per lot. 2) Upon approval of a final plat for a subdivision having not less than five (5) lots provided that: a) One (1) sign shall be allowed per project or subdivision or one (1) sign for each frontage to a major collector or arterial street, whichever is greater. b) The area of the sign shall not exceed thirty two (32) square feet. C) Freestanding signs shall be limited to a maximum height of eight (8) feet. d) The sign shall not be displayed for a period to exceed twenty four (24) months from the date a permit is issued for the sign or until building permits have been issued for eighty-five (85) percent of the lots or dwelling units within the subdivision, whichever is less restrictive. 1 I Page 83 of 116 3) A sign shall be allowed for a subdivision having not less than three (3) lots or principal buildings at its entrance from a major collector or arterial street provided that: a) Not more than one (1) sign shall be allowed at each entrance from a major collector or arterial street. b) The area of each sign shall not exceed fifty (50) square feet. C) Freestanding signs shall be limited to a maximum height of fifteen (15) feet. d) The sign(s) shall be located to accommodate said sign and related landscaping to meet all setback requirements. If the sign(s) are to be located on outlots, the outlots shall be designated on the preliminary plat and detailed plans for the area identification signs shall be submitted with the final plat. e) The area around the sign shall be landscaped in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review and approval of the Zoning Administrator. f) The design and construction of the sign shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. The signs are to be aesthetically pleasing when designed and constructed. The sign shall be compatible with nearby structures in the area. Detailed construction plans and a materials list shall be included with each sign permit application and shall be subject to the review and approval of the Zoning Administrator. 4) Additional signs shall be allowed upon approval of a final plat for a subdivision having not less than three (3) lots or approval of site and building plans for one (1) lot by the Zoning Administrator provided that: a) One (1) sign shall be allowed per project or subdivision or one (1) sign for each frontage to a major collector or arterial street, whichever is greater. b) The area of the sign shall not exceed sixty four(64) square feet. 12 Page 84 of 116 c) Freestanding signs shall be limited to a maximum height of eight (8) feet. d) The sign shall not be displayed for a period to exceed twelve months (12) months from the date a permit is issued for the sign or until occupancy permits have been issued for eighty- five (85) percent of the tenant spaces within the development, whichever is less restrictive. 401 .15.G.7. PROHIBITED SIGNS IN ANY ZONING DISTRICT. The following signs are prohibited in all zoning districts: a. Any sign which obstructs or impairs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. b. Any sign which contains or imitates an official traffic sign or signal. C. Off-premises signs. d. Business signs on or attached to equipment, such as semi-truck trailers, being used in such a manner that advertising is a principal use of the equipment. e. Animated signs. f. Projecting signs. g. Roof signs. h. Signs displayed on vehicles within open sales lots. L Any sign or display which contains or consists of banners, bannerettes, pennants, ribbons, streamers, strings of light bulbs, balloons and hot or cold air inflatable devices, spinners or similar outdoor advertising devices, except as may be approved by a special event permit in accordance with the provisions as set forth in Section 401.15.G.8 of this Ordinance. j. Portable signs. k. Wall graphics. I. Beacons. m. Multi-faced signs. n. Signs supported by guy wires. o. Cabinet signs on buildings, except for logo signs. 13 Page 85 of 116 p. Signs and/or posts which are tacked onto trees, fences, utility poles or other such permanent supports, except safety signs and signs found on fences of athletic facilities q. All signs over four hundred (400) square feet in area. r. Dynamic display signs. S. Electronic graphic display signs. t. Multivision signs. U. Video display signs. 401.15.G.8. SPECIAL EVENTS. a. Sign Permit Required. No special event shall be held without first obtaining a sign permit. 1922 b. Number of Events. The business or applicant in all business and industrial zoning districts, as well as each public and institutional use in residential districts (except for the areas within the Destination Retail Highway District as indicated in Section 401.15.G.8.c), shall be allowed five (5) special events per calendar year. The total number of special event days in a calendar year shall not exceed fifty (50) days for any applicant, business, or public and institutional use. Once the time period has expired for a special event the applicant shall wait the same number of days that the sign permit was issued to start a new special event. 22 C. Events in the Destination Retail Highway District. The business or applicant in the Destination Retail Highway District shall be allowed twelve (12) sales events per calendar year. The total number of special event days in a calendar year shall not exceed one hundred eighty (180) days for any applicant, business, or public and institutional use. Once the time period has expired for a special event, the applicant shall wait two (2) days before starting a new sales event. All other special event requirements, as found in Section 401.15.g.8 of this Ordinance, shall be adhered to within the Destination Retail Highway District. d. Permitted Signs and Displays. The signs and displays described below are permitted for special events in addition to the maximum allowable sign area, provided they are professionally done and the following standards are met and complied with: 1) Small Balloons. 14 Page 86 of 116 a) The size of small balloons or a group of connected balloons shall not exceed two (2) feet as the largest dimension, except that balloon arches not exceeding eight (8) feet in height shall be allowed. b) Small balloons may be multi colored and incorporate logos and messages. c) Helium balloons shall be refilled daily. 2) Tents. a) Tents, including all ties, ropes, stakes, etc., shall be located entirely upon the permittee's property and shall comply with the City's setback requirements for accessory buildings. 3) Bannerettes. a) Bannerettes may be used on light standards or flag poles. b) No more than one (1) bannerette shall be allowed per standard or pole. c) Bannerettes shall be smaller than any United States flag on the property, and shall not be flown at a height greater than any United States flag allowed on the property. 4) Banners. a) Banners may be attached to poles, tents, and buildings, provided that are well secured and are prevented from being blown around uncontrollably by the wind. 22 b) No more than two (2) banners shall be allowed, except for the areas within the Destination Retail Highway District in which no more than five (5) banners shall be allowed at any one time. 22 c) Individual banners shall not be larger than twenty-eight (28) square feet and the total of all the banners on the site shall not exceed one hundred forty (140) square feet. The applicant may choose to do fewer banners that may exceed twenty-eight (28) square feet as long as the total size of the banners does not exceed one hundred forty (140) square feet.. 5) Search lights. 15 Page 87 of 116 a) Search lights as regulated in Section 401.15.B.7.g.1) of this Ordinance. e. Prohibited Signs and Displays for Special Events. The signs or displays described below are prohibited for special events: 1) Animated signs, dynamic display signs, electronic graphic display signs, multivision signs, video display signs, light bulb strings, pennants, portable signs, ribbons, and streamers. 2) Displays or special features on any landscaped areas or on roofs. 3) Aerial rides. 4) Large balloons or collections of small balloons exceeding two (2) feet in diameter, except for balloon arches not exceeding eight (8) feet in height. 5) Additional lighting that does not meet this Ordinance. 6) Any sign or display in the public right-of-way. 7) Air inflatable devices. f. Sign Permit Requirements for Special Event Lot Decorations. Before any special event signs or decorations shall be permitted to be used for an event, the responsible property owner or organization shall submit a completed application for a sign permit with the City. In addition to other requirements, the applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event. Only after the City issues the sign permit, may a business display the special event signs and decorations. g. Violations. 1) It is a violation for any person, company, or organization to provide, erect or display any beacons, balloons or other advertising device which is not in conformity with the provisions of this Section. 2) Special event signs and decorations not removed by the last day of the special event. 401.15.G.9. DISTRICT REGULATIONS. a. R-1, R-1A, R-1113, RAC, Single Family Residential and R-2, Low to Medium Density Residential Districts. Except as otherwise provided in this Ordinance, signs in these districts shall be limited to: 16 Page 88 of 116 1) One (1) sign for each unit in a single and two family residential dwelling not exceeding two (2) square feet in area per surface. Lots abutting more than one (1) right-of-way shall be allowed one (1) sign not to exceed two (2) square feet in area per frontage. 2) Any multiple dwelling structure with three (3) or more units shall be allowed one (1) monument sign, not to exceed six (6) feet in height or one (1) wall sign, the aggregate square footage of sign space shall not exceed thirty-two (32) square feet. 3) Other non-residential uses permitted or conditionally permitted in the R-1, R-1 A, R-1 B, R-1 C, and R-2 Districts shall be allowed one monument sign, not to exceed eight (8) feet in height and one (1) wall sign, the aggregate square footage of sign space shall not exceed forty (40) square feet. The signs shall not be illuminated except by conditional use permit as provided for in Section 401 .03 of this Ordinance. 4) One (1) freestanding sign, not to exceed six (6) feet in height or one (1) wall sign, the aggregate square footage of sign space shall not exceed four (4) square feet shall be allowed for home occupations as provided for in Section 401.15.M of this Ordinance, and day care nursery facilities as provided for in Section 401 .15.N of this Ordinance. The sign shall not be illuminated except by conditional use permit as provided for in Section 401.03 of this Ordinance. 5) One (1) freestanding sign, not to exceed six (6) feet in height or one (1) wall sign, the aggregate square footage of sign space shall not exceed six (6) square feet shall be allowed for bed and breakfast facilities as provided for in Section 401.22.E.3 of this Ordinance. The sign shall not be illuminated except by conditional use permit as provided for in Section 401 .03 of this Ordinance. 6) Exceptions in numbers of height or size of signs may be allowed for the signs indicated in Section 401.15.G.9 of this Ordinance by conditional use permit, as provided for in Section 401.03 of this Ordinance. b. O, Open Space Conservation and R-3, Multiple Family Residential Districts. Except as otherwise provided in this Ordinance, signs in these districts shall be limited to: 1) One (1) sign for each unit in a single and two family dwelling not exceeding two (2) square feet in area per surface. Lots abutting more than one (1) right-of-way shall be allowed one (1) sign not to exceed two (2) square feet in area per frontage. 17 Page 89 of 116 2) Any multiple family structure with three (3) or more units shall be allowed a total of four (4) signs for any one (1) project to include the following: a) One (1) monument sign per entrance to the project not to exceed twenty-four (24) square feet or eight (8) feet in height. b) Wall signs not more than twenty-four (24) square feet nor higher than the top on the parapet wall or eave. 3) Other non-residential uses permitted or conditionally permitted in the O, Open Space Conservation or R-3, Multiple Family Residential Districts shall be allowed one monument sign, not to exceed eight (8) feet in height and one (1) wall sign, the aggregate square footage of sign space shall not exceed forty (40) square feet. 4) Parks or public facilities shall be allowed one (1) monument sign per street entrance, not to exceed eight (8) feet in height and one (1) wall sign. The aggregate square footage of sign space shall not exceed sixty (60) square feet. 5) Changeable Copy Signs - Manual and Electronic — Non Residential Uses in the O, Open Space Conservation District. a) One manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be allowed on freestanding signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. (3) The changeable copy portion of the sign shall not occupy more than thirty five (35) percent of the actual copy and graphic area of the sign. (4) The sign message shall not change less than every ten (10) seconds. Hour, minute, date or temperature information shall change not less than every three (3) seconds. 18 Page 90 of 116 6) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. b) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five hundred (500) nits from sunset to sunrise measured at the sign face at maximum brightness. c) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with subsections and F3 of this section to the city upon request by the zoning administrator. 7) Exceptions in numbers of, height or size of signs may be allowed for the signs indicated in Section 401 .15.G.9 of this Ordinance by conditional use permit, as provided for in Section 401 .03 of this Ordinance. C. Pll, Public Institutional; R-B, Residential Business; and B-1, Neighborhood Business Districts. Except as otherwise provided in this Ordinance, signs in these districts shall be limited to three (3) signs per principal use upon the subject property, subject to the following conditions: 1) One (1) freestanding monument sign per entrance not more than forty (40) square feet or more than eight (8) feet in height; 2) Wall signs not more than forty (40) square feet nor higher than the top of the parapet wall or eave. 3) Parks or public facilities shall be allowed one (1) monument sign per street entrance, not to exceed eight (8) feet in height, and one (1) wall sign. The aggregate square footage of sign space shall not exceed sixty (60) square feet. 19 Page 91 of 116 4) Changeable Copy Signs - Manual and Electronic — PII Public Institutional District. a) One manual or electronic changeable copy sign shall be allowed per site provided that the changeable copy area is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be allowed on freestanding signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. (3) The changeable copy portion of the sign shall not occupy more than thirty five (35) percent of the actual copy and graphic area of the sign. (4) The sign message shall not change less than every ten (10) seconds. Hour, minute, date or temperature information shall change not less than every three (3) seconds. 5) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. b) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five thousand (5,000) nits during daylight hours or five hundred (500) nits from sunset to sunrise measured at the sign face at maximum brightness. c) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. 20 Page 92 of 116 e) The owner of any LED illuminated sign shall provide certification as to compliance with subsections and F3 of this section to the city upon request by the zoning administrator. 6) Exceptions in numbers of, height, or size of signs may be allowed for the signs indicated in Section 401.15.G.9 of this Ordinance by conditional use permit, as provided for in Section 401.03 of this Ordinance. d. B-2, General Business; B-3, Highway Business and Warehousing; B- 4, Limited Business District; and I, Industrial Districts. Except as otherwise provided in this Ordinance, single occupancy business signs in these districts shall be limited to: 1) Maximum Allowable Sign Area. Column A Column B Column C Allowable Percentage Total Sign Area') Allowable 2) Allowable 3) B-2 and B-3 Districts 100 SF or 15% up to 300 SF B-W and I Districts 125 SF or 18% up to 400 SF Footnotes: '} Allowable sign area regardless of building facade. 2) Maximum allowable sign area based on percentage area of front building facade. When a building faces two (2) or more streets, calculation of the maximum allowable sign area shall be based upon the front building facade and the smallest building facade facing a street frontage. 3) Total maximum allowable sign area per lot or business. Sign areas exceeding the maximum shown on column c, but less than the area allowed in column b hereof, may be allowed by conditional use permit or as part of an approved planned unit development. 2) Freestanding Signs. a) A maximum of one (1) freestanding sign is allowed upon any single lot. Sign area may not exceed one hundred (100) square feet and a maximum height of twenty (20) feet. The freestanding sign base shall be surrounded with a landscape planter at least three (3) feet in height and constructed of materials to match the principal building. The planter shall contain decorative shrubbery and/or flower materials. b) Two (2) additional freestanding signs may be allowed provided they are in compliance with the following standards: (1) The signs are constructed as a monument sign and shall not exceed a height of eight (8) feet. 21 Page 93 of 116 (2) Decorative shrubbery and/or flowers must be incorporated as a part of the monument design and are maintained on a regular basis. (3) The gross area of the signs, when added together with all other freestanding and wall sign areas, does not exceed the maximum allowable sign area established for the lot. (4) Monument signs may incorporate additional berming on a slope of three to one (3:1) where the berming is incorporated into an overall landscape design plan. Landscaping shall be provided on the slopes of the berm in an interesting and varied appearance. Where a planter box is incorporated, the landscaping shall occur in and around the planter with a similar attractive design. In both cases, the height of the sign, including the planter box shall not exceed eight (8) feet. (5) Signs allows pursuant to Section 401 .15.G.6 of this Ordinance. C) The cumulative total sign area, when added to the gross sign area of all wall signs on the site, except for wall and freestanding signs that do not count toward the maximum allowable sign area pursuant to Section 401 .15.G.6 of this Ordinance, shall not exceed the maximum allowable sign area under Section 401.15.G.9.d.1) of this Ordinance. 3) Wall Signs. a) The maximum number of wall signs on any principal building shall be two (2), and in all cases, each sign shall be placed on a separate building facade, with or without street frontage except as allowed for multiple occupancy buildings in Section 401 .15.G.10.d of this Ordinance. b) The maximum number of wall signs allowed may be increased over two (2) by conditional use permit for single occupancy buildings provided the following minimum standards are met: (1) There shall be no freestanding sign exceeding eight (8) feet in height upon the lot. (2) The wall signs shall be identical in style, color and size. 22 Page 94 of 116 c) The cumulative total sign area, when added to the gross sign area of all freestanding signs on the site, except for wall and freestanding signs that do not count toward the maximum allowable sign area pursuant to Section 401.15.G.6 of this Ordinance, shall not exceed the maximum allowable sign area under Section 401.15.G.9.d.1) of this Ordinance. d) Signs may also be placed on the side of a building not facing a street. No building site may have signage in excess of the signage allowed for that side of the building based upon the maximum allowable sign area of the building facade. 4) Changeable Copy Signs - Manual and Electronic a) One manual or electronic changeable copy sign shall be allowed per site or Commercial Planned Unit Development provided that the changeable copy area is integrated into the allowed sign and subject to the following: (1) Changeable copy signs shall only be allowed on freestanding signs. (2) The sign shall not directly face a residentially zoned property and shall be set back at least fifty (50) feet from any side or rear lot line abutting a residential district. (3) The changeable copy portion of the sign shall not occupy more than thirty five (35) percent or more than forty (40) square feet, whichever is greater, of the actual copy and graphic area of the sign. (4) The sign message shall not change less than every ten (10) seconds. Hour, minute, date or temperature information shall change not less than every three (3) seconds. 5) Electronic Sign Illumination a) Electronic signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. b) No sign incorporating LED lighting may be illuminated in any way so as to exceed a maximum intensity of five 23 Page 95 of 116 thousand (5,000) nits during daylight hours or five hundred (500) nits from sunset to sunrise measured at the sign face at maximum brightness. c) Signs using fluorescent, neon or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. d) All signs incorporating LED lighting installed shall be equipped with a mechanism that automatically adjusts the brightness to ambient lighting conditions to conform to the requirements of this subsection. e) The owner of any LED illuminated sign shall provide certification as to compliance with subsections and F3 of this section to the city upon request by the zoning administrator. Sign Tables. Sign tables that summarize the district sign allowances are found on the following page. SIGN TYPE AND MAXIMUM GROSS SURFACE AREA IN SQUARE FEET* Zoning Identity- Freestanding Wall Temp Perm District cation Window Window Ad Res. Non- All Res. Non- Uses Res. Uses Res. O - 24 40' 24 40' 25%5 R-1/R-2 32' 40' -- 322 40' 25%r' R-3 24 40' 24 40' 25%6 R-B 4 40 -- -- 40 -- -- 10%7 25%6 B-1 4 40 40 10%7 25%r' B-2 4 100' —3 -- 10%, 25%B B-3 4 1003 3 10%7 25%6 B-4 4 1003 —3 10%, 25%6 BW 4 1005 - --5 -- 10%, 25%r' 1 4 100$ —5 10°/x7 25%6 P-1 40 4 - -- 25%0 1 Aggregate square footage of both freestanding and wall signs not to exceed 40 square feet. 2 Aggregate square footage of both freestanding and walls signs not to exceed 32 square feet. 3 Allowable sign area is 100 square feet or 15%of front building facade up to 300 square feet. 4 Allowable sign area is 50 square feet or 10%of front building facade up to 200 square feet. 5 Allowable sign area is 125 square feet or 18%of front building facade up to 400 square feet. 6 Percentage based upon total window area. 7 Percentage based upon front building facade. 24 Page 96 of 116 SIGN TYPE AND MAXIMUM HEIGHT IN FEET* Zoning Freestanding Freestanding Wall Address District Monument O 8 8 Top of parapet wall or eave 3.5 in. R-1/R-2 8 6 Top of parapet wall or eave 3.5 in. R-3 8 8 Top of parapet wall or eave 3.5 in. R-B 8 8 Top of parapet wall or eave 3.5 in. B-1 8 8 Top of parapet wall or eave 3.5 in. B-2 8 20 Top of parapet wall or eave 3.5 in. B-3 8 20 Top of parapet wall or eave 3.5 in. B-4 8 20 Top of parapet wall or eave 3.5 in. BW 8 20 Top of parapet wall or eave 3.5 in. 1 8 20 Top of parapet wall or eave 3.5 in. P-1 8 8 Top of parapet wall or eave 1 3.5 in. Not a complete listing. Please refer to Section 401.15.G.9, District Regulations and Section 401.15.G.10,Special District Provisions for specific standards. 401.15.G.10. SPECIAL DISTRICT PROVISIONS. a. Motor Fuel Station. 1) Signs for motor fuel stations shall be regulated by the single occupancy business structure sign provisions for the zoning district in which the station is located. 2) Pump island signs shall not exceed two (2) square feet per pump. 3) Portable signs shall not be allowed. 4) The area of all displays and/or signs shall be counted against the total sign area allowed for the site, which includes both freestanding and wall sign allowances. b. Destination Retail Highway Sign District. Signs and sign allowances, in addition to the sign allowances for single and multiple occupancy signs of this Ordinance, shall be allowed within the Destination Retail Highway Sign District as identified on maps on file at City Hall. 1) Freestanding Signs. a) One (1) freestanding sign for business developments as part of an approved planned unit development not exceeding two 25 Page 97 of 116 hundred (200) square feet with a maximum height of forty (40) feet. The sign faces shall be oriented toward Highway 36 and Highway 5 and away from residential developments. The freestanding sign base shall be surrounded with a landscape planter at least three (3) feet in height and constructed of materials to match the principal building. The planter shall contain decorative shrubbery and/or flower materials that are maintained on a regular basis. b) For single occupancy lots and business developments as part of an approved planned unit development, the allowances for freestanding signs found in Section 401.15.G.9 of this Ordinance shall be increased to allow one (1) sign not exceeding one hundred fifty (150) square feet and a maximum height of thirty (30) feet. The freestanding sign base shall be surrounded with a landscape planter at least three (3) feet in height and constructed of materials to match the principal building. The planter shall contain decorative shrubbery and/or flower materials that are maintained on a regular basis. 2) Wall Signs. For single occupancy lots and business developments as part of an approved planned unit development, maximum allowable sign area allowances found in Section 401.15.G.9 of this Ordinance shall be increased to eighteen (18) percent for allowable sign area based upon percentage and five hundred (500) square feet of maximum allowable sign area per lot. C. Single Occupancy Retail Stores Exceeding One Hundred Thousand (100,000) Square Feet. The following maximum specifications shall apply for single occupancy commercial structures of one hundred thousand (100,000) square feet of floor area or more: 1) Freestanding Signs. The freestanding sign allowances found in Section 401 .15.G.9 of this Ordinance shall be increased to allow one (1) freestanding sign not to exceed two hundred (200) square feet and a maximum height of thirty (30) feet. 2) Wall Signs. Maximum allowable sign area allowances found in Section 401.15.G.9 of this Ordinance shall be increased to eighteen (18) percent for allowable sign area based upon percentage and five hundred (500) square feet of maximum allowable sign area per lot. d. Multiple Occupancy Business Buildings, Industrial Buildings, and Lots. 1) When a single principal building is devoted to two (2) or more businesses or industrial uses, or a lot will contain more than one (1) 26 Page 98 of 116 single occupancy building as part of an approved planned unit development, a comprehensive sign plan shall be required subject to review as to whether the plan is consistent with the sign regulations. The plan and sign allowances shall be subject to the following: a) A comprehensive sign plan is submitted which includes all of the following information: (1) A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs, and any other physical features of the area included within the comprehensive sign plan. (2) Elevations to scale of building or buildings included within the comprehensive sign plan including the location of existing or proposed wall signs. (3) To scale plans for all existing and proposed signs of an type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors, and means of illumination (if any). 2) The maximum individual sign sizes for multiple occupancy buildings and individual businesses that may display a sign shall not exceed the maximum provisions for single occupancy structures of the applicable zoning district. 3) Mixed use multiple occupancy buildings and developments with multiple single occupancy buildings may display a freestanding sign in addition to and consistent with the applicable zoning district provisions of Section 401.15.G.9 of this Ordinance. The freestanding sign may not exceed one hundred (100) square feet and a maximum height of twenty (20) feet. The freestanding sign base shall be surrounded with a landscape planter at least three (3) feet in height and constructed of materials to match the principal building. The planter shall contain decorative shrubbery and/or flower materials. 4) Except as provided for in Section 401.15.G.10 of this Ordinance, individual tenants of a multiple occupancy building shall not display separate wall signs unless the tenants business has an exclusive exterior entrance. The number of individual wall signs shall be limited to one (1) per entrance, and each sign shall be limited to the maximum wall sign allowances permitted in the district. Tenants on building ends may have a maximum of two (2) signs each to be located at the front and side elevations of the tenant space. The individual signs shall be located only on exterior walls which they are directly related to the use being identified. 27 Page 99 of 116 5) In any multiple occupancy building qualifying as a shopping center, signs shall be permitted for each common public entrance. Each sign area shall not exceed a total of fifty (50) square feet and shall be located within fifty (50) feet of the common public entrance being served. Attention shall be given to the possible number of tenants or occupant bays which may be served by the common public entrance for which the sign is intended. 6) No permit shall be issued for a new or replacement sign for an individual use except upon a determination by the Zoning Administrator that it is consistent with the approved comprehensive sign plan. 401 .15.G.11. NON-CONFORMING SIGNS. a. General Provisions Governing Non-Conforming Signs. 1) Continuation of Use. A non-conforming sign lawfully existing upon the effective date of this Ordinance may be continued at the size and in the manner existing upon such date. 2) If any property use or business changes ownership, all signs on that property, including any sign identifying a business no longer in existence, shall be brought into conformance with Section 401 .15.G.15.c) within thirty (30) days. 3) Prohibitions. A non-conforming sign may not be: a) Structurally altered except to bring it into compliance with the provisions of this Ordinance. b) Enlarged. C) Re-established after its removal or discontinuance. d) Repaired or otherwise restored, unless the damage is less than fifty (50) percent of sign structure. e) Replaced. 4) Non-Conforming Sign Maintenance and Repair. Nothing in this Ordinance shall be construed as relieving the owner of use of a legal non-conforming sign or owner of the property on which the legal non-conforming sign is located from the provisions of this Ordinance regarding safety, maintenance, and repair of signs, provided, however, that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify 28 Page 100 of 116 the sign structure or copy in any way which makes it more non- conforming or the sign shall lose its legal non-conforming status. b. Non-Conforming Uses. When the principal use of land is legally non- conforming under the Zoning Ordinance, all existing or proposed signs in conjunction with that land shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. 401.15.G.12. MAINTENANCE. All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive condition and free and clear of all obnoxious substances, rubbish and weeds. Notice shall be given to the Zoning Administrator of any change in sign user, sign owner, or owner of the property on which the sign is located. 401.15.G.13. INSPECTION. All signs for which a sign permit is required shall be subject to inspection by the City Building Official. The Building Official may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this Ordinance. 401.15.G.14. SIGN PERMIT AND APPLICATION. a. Sign Permit Required. Except as provided in this Section, no sign or structure shall be erected, constructed, altered, rebuilt, or relocated until a sign permit has first been issued by the City. The fees which shall be charged for sign permits under this Section shall be in accordance with the fee schedule as determined by resolution of the City Council. b. Sign Application. The following information for a sign permit shall be supplied by an applicant as requested by the Zoning Administrator or designee: 1) Name, address, and telephone number of person making the application. 2) Name, address, and telephone number of person owning the sign. 3) A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. 4) The location, diagrams, and dimensions of the building, building elevations, structure, and lot to which, or upon which, the sign is to be attached or erected. Building elevations shall include an artist's 29 Page 101 of 116 rendition or color computer graphic simulation if required by the Zoning Administrator. 5) A site plan showing the positioning and height of the sign(s) or other advertising structures in relation to all nearby existing or proposed buildings, structures, and property lines, lighting details, colors, materials, a table of the proposed gross sign area for each sign and the total proposed sign area. 6) Photographs of the building face and the building faces of any adjacent buildings. 7) Plans, location and specifications and method of construction and attachment to the buildings or placement method in the ground. 8) Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City. 9) Written consent of the owner or lessee of any site on which the sign is to be erected. 10) Any electrical permit required and issued for the sign. 11) The name of the person, firm, corporation, or association erecting the structure. 12) Such other information as the Zoning Administrator or designee requires, showing full compliance with this and all other laws and ordinances of the City. 13) If the work authorized under a sign permit has not been completed within twelve (12) months after the date of its issuance, said permit shall become null and void. 401 .15.G.15. REMOVAL OF UNSAFE AND ILLEGAL SIGNS. If the Zoning Administrator or designee finds that any sign or sign structure is unsafe or in violation of the provisions of this Ordinance, written notice shall be given to the owner and/or party responsible for the sign to comply with the standards required by this Section in a prescribed time frame and manner. The removal of the signs shall be done in the following manner: a) Permanent Illegal Signs. The Zoning Administrator, or his/her designee, shall order the removal of any permanent sign erected or maintained in violation of this Ordinance. Those signs deemed unsafe by the Zoning Administrator or designee shall be ordered removed immediately. Thirty (30) days notice in writing shall be given to the owner of all other signs 30 Page 102 of 116 or of the building, structure, or premises on which such sign is located, to either comply with this Ordinance or remove the sign. The owner of the sign, building, structure, or premises shall also, upon removal of any sign, be fully responsible for repairing, replacing, and returning the ground, building wall, or other mounting surface to its original condition or to a proper condition consistent with the present appearance of the area, building wall, or surface. b) Temporary Illegal Signs. The City may impound signs which have been illegally installed upon public property or within public right-of-way or easement. The sign owner may retrieve the signs according to the following: 1) Fee Payment. For impounded signs, there shall be an impoundment and storage fee, as may be approved from time to time by Council resolution. 2) Retrieval of Sign. The sign shall be retrieved from a designated impound area during routine business hours and within fifteen (15) days from the date of impounding. After fifteen (15) days, the City will dispose of the sign. 3) Liability. The City shall not be held liable for any damage to impounded signs. c) Out of Business Signs. Signs not used for signing when a business permanently closes or leaves the tenant space shall be removed or altered within thirty (30) days from the close of business. Wall or freestanding signs and sign structures that are in compliance with the provisions of this Ordinance but are not in use shall be addressed in the following manner: 1) Wall signs. The sign shall be removed. 2) Wall signs (cabinet). A blank face shall be inserted in the cabinet. 3) Freestanding Signs. The sign area shall be totally covered. 4) Non-Conforming Signs/Sign Structures. All non-conforming signs and sign structures shall be removed in compliance with Section 401.15.G.11 of this Ordinance. d) Administrative Enforcement. Enforcement procedures for violations of this Chapter shall be conducted as outlined in Section 101.05 of the City Code. 401.15.G.16. VARIANCES. In order to provide additional flexibility in the enforcement of this Ordinance and to alleviate hardship and injustice, the City Council may, 31 Page 103 of 116 upon application, grant a variation from the terms of this Ordinance. Upon application, therefore, from the person seeking a permit for the erection or installation of a sign, the request for variance shall be processed in accordance with Section 401.04 of this Ordinance, as may be amended. a. Criteria. Additionally, the City Council shall make a finding of fact that an undue hardship or injustice exists if a variance was not granted and therefore, may grant such variations based upon consideration of the following: 1) That particular physical surrounding, shape, or topographical conditions of the specific parcel of land involved exist. 2) That the condition involved is unique to the particular parcel of land involved. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value of income potential of the business involved. 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or interfere with the function of the Police and Fire Departments of the City. b. Fees. Fees for the review and processing of sign permit variance requests shall be changed in accordance with the provisions of Section 401.08 of this Ordinance. 32 Page 104 of 116 Oak Park Heights 12 Request for Council Action Meeting Date January 14" 2014 Time Required: 10 Minutes Agenda Item Title: Sale of Lands to MNDOT—Parcel 39 Agenda Placement Old Business Originating Department/Reques r ric o son Cily Administrator Requester's Signature Action Requested Dis4 Asion o ' ib le action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): The City has been asked to approve the sale of lands(parcel 39)to MNDOT to facilitate the construction of the Oakgreen Ave. /Frontage Road Elements.This transaction requires that the City adopt a resolution authorizing such sale.Attached is a proposed resolution. While the City has generally agreed on the price, substantiated by a separate review of the MNDOT appraisal,the City will be losing the east-west trail connection now constructed.The MNDOT project is expected to construct replacement trail-ways in and around the new surfaces so as to reconnect the trail ways as shown in the resolution maps. Unfortunately,the MNDOT trails would be located within MNDOT right of way and the City would not have an absolute right to ensure these trails are guaranteed to remain.MNDOT could remove these trails at their discretion and the City would have no capacity to reconnect the trail systems, creating two dead- ends. Moreover,the City does not have a written agreement to connect the trail-way from the west side of Oakgeen Ave. into the new trail systems. Accordingly,the Council should discuss the Resolution which includes elements o£ 1. Agee on the sale price. $44,400. (this includes all easements, lands and damages) 2. Determine if the Council is comfortable with the trail be located solely in MNDOT right of way subject to a MNDOT Permit not a permanent easement. If the Council is comfortable with this Permit, then the underlined portion as found in the last paragraph should be deleted. By this action the Council is relying on MNDOT to offer this connection, without an ability to re- establish this connection should it be removed by MNDOT. 3. Considering the course of discussions to date, Staff dogs recommend that the City require a written agreement prior to closing assuring the reconnection of the east-west systems, especially to the west side of Oakgreen Ave. as outlined in the resolution presented. Page 105 of 116 RESOLUTION A RESOLUTION AUTHORINZING THE SALE OF CITY LANDS TO THE STATE OF MINNESOTA Whereas the State of Minnesota is undertaking the St. Croix River Crossing Project; and Whereas the State has requested that the City transfer certain lands to the State to facilitate that Project and supplied appraisal data for such property; and Whereas that "Property", containing a total_ of 1,36 acres +l-; containing all lands of County Parcel ID # 0402920220001 and a portion of Parcel 0402920220002 and are depicted below. ML3 ap� * +y. ul t O i. j2 m 'wr° ..� ,..Lands to be suld to STATE. in RED �y;,,_,,i tita WAo% a6 . V ' l dn, r. s � pIR r 0402c 2 0220001 04021 0220002 � J � u ,v 7TH LU ,-e:.': d 37.e 7r 1_,5 X25 300 Whereas the City does not object at this time to the amount offered to the City for the Property and does desire to convey the property to the State. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights does hereby approve the transfer of the Property to the State of Minnesota for the price of$44,400, including a five-foot temporary construction easement for construction purposes to the eastern limits of land fragments found on Parcel 0402920220002 and does authorize the execution of necessary documents as approved by the Attorney. Page 106 of 116 BE IT FURTHER RESOLVED that the State of Minnesota and the City shall prior to closing execute a written assurance that the all connecting trails removed from these properties shall be reconnected, rerouted and reconstructed by the State at the State's expense as depicted in the City approved plans as previously provided by MNDOT and as shown in the drawing below and restoring the east-west connection across Oakgreen Avc, inclusive of any land acquisitions that may be reasonably required to do so, re-establishing the City's legal right to the replacement trail locations and the City's future rights as to repair and restoration of said trails. Trail Connections /� ' '•` .0 to be Installed by the State(Shown in Pink) ° So P. (. r w k,the _ S. t i r J r 1 _ ✓J / Resto e this trail I f/ ` connection j t �t ^ f N• { ;M Trail UonneCtion. ' to be installed by ,. the State(Shown in Pink) f 49 m. . - 7 ._... t "o._ �.... Passed by the City Council of the City of Oak Park Heights this 14th day of January, 2014 Mary McComber, Mayor ATTEST: Eric Johnson City Administrator Page 107 of 116 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 108 of 116 Oak Park Heights 13 Request for Council Action Meeting Date January 14`x', 2014 Time Required: 5 Minutes Agenda Item Title: Street reconstruction—Engineering Services Agenda Placement New Business Originating Department/Reques. Eric Ji on Ci1y Administrator Requester's Signature fr Action Requested See Below _ Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): As Internal City Staff continued to work through the total costs anticipated for the Street reconstruction Project, we believed it was necessary to conclude upon a fixed figure with STANTEC so as to better provide financial specificity for any assessments as well as to provide the City with a better accountability tool for its engineering costs. A fixed figure for engineering costs is tool that aids in this effort, as opposed to a percentage tied to the final received bids. With this fixed figure,the City will not be required to micro-manage engineering time; however STANTEC will be more incentivized to execute the project in the most efficient manner possible. The figure considered is $1,250,000 and is 11.6%of estimated ALL construction costs(including 10% contingencies and 25% indirect Costs) and is a favorable rate to the City and is below the averages researched. Moreover,this$1,250,000 includes the costs of the feasibility study which was also $40,000. The alternative to this process is to possibly consider bidding out each element listed, such as design, bidding, construction management,and inspections, base—mapping,etc. If the City did bid these separately, dollars possibly could be saved, but the City would be required to engage in a complicated bidding and review process and would then be required to coordinate all final activities. Considering the values,agreed herein by STANTEC, the City is receiving a positive position and STANTEC will handle all details. Attached is a short Agreement that outlines this concept and Staff is seeking City Council authority to approve,subject to any final review by the City Attorney's Office. Page 109 of 116 January 3rd, 2013 Mr, Chris Long STANTEC 2335 Highway 36 West St. Paul MN 55113 RE: Engineering Cost—Letter of Understanding—Street reconstruction Projects—2014-2016 As we did discuss in detail, it is necessary that our City and Stantec come to a conclusion on the planned engineering fees for the upcoming street reconstruction project--all areas including 8, C, D& E as shown in the final Feasibility Report dated October 2013 as adopted by the City Council. In the interests of further advocating accountability on all elements, our discussion concluded that we shall agree on a total fee of $1,250,000.00 as the all-inclusive cost to the City for expenses related to the Project including the following elements consistent with past practices including: Feasibility, Prelim Surveying/Field Investigation, Permitting, Design and Bidding, Construction Inspection/Management, Surveying, Creating and Providing Record Plans/Base Map Updates; (not including third-party testing fees). In addition,the following considerations shall prevail: • Progress payments will be made by the City to STANTEC based on relative progress and/or completion of each phase listed above. Fees shall also be prorated by Area. • Should the City or your firm discover circumstances that could be wholly unanticipated with a project of this type and would cause expense or cost savings, both parties agree that the other may request additional compensation or cost reductions, any such requests must be made promptly and with detailed supporting documentation provided. • In the event the City would request additional work that will result in a substantial change in design or project scope, STANTEC may request additional compensation from the City. • In the event the City project is altered to reduce construction costs by more than 10% (due to a singular design change or a combination of design changes) the City may request additional cost reductions from STANTEC. Unless there is a further alteration as agreed to in writing between the City and STANTEC, this agreement shall prevail throughout the course of the Project. By signing below, you agree to these terms and conditions above and bind your organization to same: Date Chris Long, P.E. Project Manager STANTEC Date Eric Johnson City Administrator Page 110 of 116 CITY OF OAK PARK HEIGHTS - STREET RECONSTRUCTION PROJECT Cost Estimates The total cost estimate for work proposed to be completed as part of the Street Reconstruction project is$10,774,068.89. Detailed cost estimates have been prepared and can be seen in Appendix A. Summaries of the estimated costs are shown below. TABLE 6—STREETS COST ESTIMATE Includes estimated 10%Contingencies and 25%Indirect Cost Area Cost Per C/L Foot Total Length Total Street Costs Area B $237.03 3,720.50 $881,870.26 Area C $203.14 3,328.25 $676,103.26 Area D $196.63 11,848.00 $2,329,634.20 Area E $181.18 7,578.77 $ 1,373,158.37 Total 26 475.52 $ 5,260,766.09 TABLE 7—UTILITY COST ESTIMATE (includes estimated 10%Contingencies and 25% Indirect Cost) ;AreaWater Main Sanitary Sewer Storm Total $84,206.25 $185,456.25 $129,972.60 $399,635.10 $588,576.38 $215,750.25 $116,370.00 $920,696.63 $1,814,269.05 $ 527,040.00 $446,196.60 $ 2,787,505.65 $830,335.73 $267,023.25 $308,106.45 $1,405,465.43 Total 3 317 387.40 1 195 269.75 1 000 645.65 5513302'80 TABLE 8—TOTAL PROJECT COSTS (Includes estimated 10%Contingencies and 257,, Indirect Cost) Area Total Street Cost Total Utility Cost Total Project Cost Area B $881,870.26 $399,635.10 $1,281,505.36 Area C $676,103.26 $920,696.63 $1,596,799.88 Area D $2,329,634.20 $2,787,505.65 $5,117,139.85 Area E $1,373,158.37 $1,405,465.43 $2,778,623.80 Totals $5,260,766.09 $5,513,302.80 $10,774,068.89 7 7V, City of Oak Park Heights Sk�tlteC Stantec Project No: 193801994 Street Reconstruction-2014&2015 Page 32 Page 111 of 116 CITY OF OAK PARK HEIGHTS - STREET RECONSTRUCTION PROJECT _ Project Schedule The general schedule for the project includes completing the reconstruction design of all areas during the fall and winter of 2013/2014. All areas will be designed and bid as one project. Areas B, C, and E will be constructed during the summer and fall of 2014. Area D will be completed in concurrence with the reconstruction of Paris Avenue (completed by Washington County) in the summer and fall of 2015. Authorize Feasibility Report August 27, 2013 Neighborhood Meeting-Area E October 7, 2013 Neighborhood Meeting-Areas B & C October 8, 2013 Present Feasibility Report October 8, 2013 Order Public Improvements Hearing October 8, 2013 Neighborhood Meeting-Area D October 9, 2013 Mail Public Improvement Notices October 21, 2013 Publish First Public Improvement Hearing Notice October 23, 2013 Publish Second Public Improvement Hearing Notice October 31, 2013 Hold Public Improvements Hearing November 6, 2013 Authorize Plans and Specifications November b, 2013 Approve Plans and Specifications January 28, 2014 Authorize Bids January 28, 2014 Receive/Open Bids February 21, 2014 Order Public Assessments Hearing February 25, 2014 Publish Notice of Assessment Hearing March 19, 2014 Mail Notice of Assessment Hearing March 19, 2014 Hold Public Assessments Hearing April 8, 2014 Award Contract & Approve Resolution Ordering Improvement April 8, 2014 Start Construction-Areas B, C, E Spring 2014 Substantial/Final Completion-Areas B, C, E Fall 2014 Start Construction-Area D Spring 2015 Substantial/Final Completion-Area D Fall 2015 City of Oak Park Heights SteliltE'C Stontec Project No: 193801994 Street Reconstruction-2014&2015 Page 40 Page 112 of 116 4 14 4• Oak Park Heights Request for Council Action Meeting Date January 14th, 2014 Time Required: 3 Minutes Agenda Item Title: Authorization to Offer 20-week Local Government Internshi —Tem . Position Agenda Placement New Business Originating Department/Reque or ohnson City Administrator Requester's Signature Action Requested See Belo Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): In recent years,the City has offered internships to students who are pursuing careers in public administration. I would believe that this offering has been a 'win-win' as the City takes advantage of inexpensive but dedicated labor to accomplish projects that may have otherwise not been completed; while the student gains valuable work experience. An intern does tend to have greater dedication and resolve to perform well, as compared to a temp service appointment to accomplish similar tasks, as an intern would be working for more than just the paycheck, instead also seeking a quality experience and future references. The City's last intern was Ms. Laura McClemans whom I believe did a fine job for the City scanning all Bridge related documents and completing the City's first-phase of its wellhead protection plan as required by the Dept. of Health. (The City did not offer an internship in 2018) If approved, the City would again offer a wage of$10.00 per hour/20 hours per week, and will cap total costs at approximately$5,000 which will offer a 20+week program when FICA and a few miscellaneous items are included.The 2014 budget does allocate resources in "temporary labor/services", but since this person would be working across departments, these costs might be shared throughout the City and are within 2014 budget capacity. Recommendation/Requested Actions: Authorize the re-establishment the Local Gov. Internship Position for a period of from approximately May through September 2014 and authorize the City Administrator to advertise and interview candidates with final appointment to be subject to final City Council approval. Page 113 of 116 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 114 of 116 15 Oak Park Heights Request for Council Action Meeting Date January ]4"', 2014 Time Required: 10 Minutes Agenda Item Title: St._Croix River Crossing Project—MSCWMO Comments Agenda Placement New Business Originating Department/Requestor Council Member Chuck Dougherty Requester's Signature Action Requested _ -Discussion , Possible Action—See Below Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): At the recent MSCWMO meeting, comments were expressed to ensure MNDOT's compliance to with MSCWMO rules where applicable. Typically, the local jurisdiction is the controlling authority under the MSCWMO Agreements. Mike Insensee, Administrator of the MSCWMO will be available to attend the City Council meeting on Jan 14th to provide an update on this matter Also, if MSCWMO staff are available and the Council feels it is appropriate,the Council could consider additionally inviting them to come to the work shop to discuss items with MNDOT on January 21St Page 115 of 116 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 116 of 116