HomeMy WebLinkAbout2008 03-27 PCPPLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
MARCH 27, 2008
STUDY SESSION
Call to Order: 7:00 p.m.
2. Roll Call
3. Administer Oath of Office: Michael Parks
4. Approval of Minutes - February 14, 2008
5. Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's functions is to
hold public hearings. In the matters concerned in these hearings, the Commission makes
recommendations to the City Council. The City Council makes all final decisions in
these matters.
6. Discussion Items:
a. Flashing Signs
7. Other Business
8. Adjournment
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
0 WORK SESSION
FEBRUARY 25, 2008
CITY HALL - COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session
called to order by Mayor/President Tim Willson at 8:53 p.m.
ROLL CALL
Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Mary O'Connor,
Dan Ryan, and Mark Yelich. Also present were City Manager Curt Bog~ney, Assistant to the City
Manager Vickie Schleuning, Engineering Technician IV Bruce Johnson, Community Development
Director Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Secretarial, Inc.
SIGN ORDINANCE FLASHING LIGHTS - COUNCILMEMBER LASMAN
Mr. Boganey introduced the item and stated the purpose of the discussion regarding flashing signs in
the City. He requested Council discussion as to whether there is a need to in some way modify the
current sign ordinance as it relates to flashing signs.
• Mr. Eitel presented examples of signage in the City. He indicated signage at Atlantis Pool and Spa
appears to be in violation of the current sign ordinance. Action will be taken on this. Signage at
Hansen Brothers Fence is questionable of being in compliance with the current sign ordinance. Other
signs in the City appeared to be static to him.
There was discussion on the effort that has been put into the sign ordinance in the past. It was noted
that previous City Councils put considerable effort into ensuring that there would not be an onslaught
of unattractive signs in the City. It was suggested that there should be consideration of a reasonable
time interval between changing messages, and not to be too restrictive. It was also noted that
businesses should not be allowed to violate the intent of the sign ordinance through the use of the time
interval. Concern was expressed regarding safety and aesthetics in relation to motion in signs.
The majority consensus of the City Council was to direct staff to review the current language in the
sign ordinance and to develop recommendations for changes to meet the purpose and intent of the
ordinance.
Mayor/President Willson pointed out there are at least three important items that are included on
tonight's agenda that Council has been working on over the last year. He commended staff on bringing
these items forward.
COMPREHENSIVE PLAN UPDATE
• Mr. Eitel introduced the item and provided background information on ° the Comprehensive Plan
Update. He reviewed the proposed project scope included in the Loucks and Associates proposal for
02/25/08 -1-
• Memorandum
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Community Development Director
DATE: February 25, 2008
SUBJECT: Work Session Discussion on the Sign Ordinance "Flashing Signs"
Background Information
Prior to Ordinance No. 2003-7, the City's sign ordinance allowed electronic signs and message
boards providing the message remained constant or static, otherwise they were considered a
flashing sign, which is not allowed in the city.
Section 34-140 "Prohibited Signs"
(4.) "Flashing signs, including indoor signs, which are visible from the public street".
Definition of Flashing Sign.
"Any Illuminated sign on which the artificial light or color is not maintained at a constant
• intensity or color when such sign is In use, except for their portion of a sign providing
public information such as time, weather, date, temperature or similar information".
In June of 2003, the City Council was introduced to a signage issue that the Culver's Restaurant
was experiencing with their single line message board. The issue occurred when the 'Flavor of
the Week' exceeded the line capacity on their electronic message panel. The example provided
was chocolate covered strawberry which required two lines to be displayed.
Attached for you reference are copies of the following information which led to changes in the
sign ordinance that allowed electronic signs to change their messages at a rate not to exceed
two second intervals:
• June 3, 2003 -staff memo which provided background information and
recommendation that the ordinance be amended to allow changes to occur at 10
second intervals.
• June 9, 2003 -The City Council minutes reflect a discussion with Culver's that their sign
has the capability to revolve sign messages, while most Culver signs use scrolling
messages. (Running messages are also not allowed.)
• June 18, 2003 - staff memo which rationalized that a two second time frame would not
create a flashing effect.
• July 28, 2003 - City Council minutes and ordinance amendment which defined a
dynamic message sign and included them as a permitted sign, providing their message
• remains constant for at least two seconds when the sign is in use.
0 • Section 34-130. Prohibited Signs
• Section 34-140. Permitted Signs
• Photographs of the Culver's Restaurant sign and the Hansen Brothers Fence sign:
The Hansen Brothers Fence sign also incorporated a moving/rotating component
which meets the current standards (i.e. less than 150 sq. ft. and the rotation
speed doesn't exceed 4 rpm (revolution per minute).
• Photographs of the other electronic signs within the city will be available at the meeting:
Message Panels - Walgreen's and CVS
Time and Temperature - GM Certified Used Vehicles
Product Prices - Holiday and Motel 6
Business Sign -Atlantis Pool and Spa
Recommendation
I would suggest that the City Council discuss the following items.
1. Does the two second time internal between changing messages violate the intent of the
sign ordinance as it relates to prohibiting flashing signs?
• 2. Should the ordinance be amended to define the maximum size and relationship to the
principal sign of the electronic display/message panel (i.e. ratio to total area)?
3. Should the ordinance continue to allow rotating signs or motion signs as a permitted
sign?
Should the Council feel there Is cause to consider revisions to the ordinanc, I would
recommend that the items be referred to the staff for review and development of
recommendations for changes to the sifzn ordinance which meet its purpose and intent.
0
9 MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: June 3, 2003
SUBJECT: Flashing Signs
The owners of Culver's have requested the City consider some modification of our sign
ordinance. They have an electronic message board with a single message line informing people
of the time of day, date, temperature and their flavor of the day. Their problem is that on
occasion, the flavor of the day can-be too long to display on the sifigle line. For example, the
flavor last week was chocolate covered strawberry. In order to display that information, the sign
would read, "chocolate covered" then change to "strawberry". Changing the sign in such a
• manner is a violation of City Ordinance 43-130 (4). It would be considered a "flashing sign".
A flashing sign is defined as " Any illuminated sign on which the artificial light or color
is not maintained at a constant intensity or color when such sign is in use, except for that portion
of a sign providing public information such as time, weather, date, temperature or similar
• information." The obvious concern, as noted in the "Statement of Purpose" is to limit distractions
to motorists. At the time this was written it would seem that the ordinance was aimed at the rapid
blinking sign with arrows and etc designed to overwhelm the motorists attention to driving. What
the ordinance did not anticipate, nor could it, was the technological advances in signs. The new
electronic signs can still do the flashing arrows and pictures that can be distracting but they also
can provide information in a short written format. The problem with our ordinance or its gray
area is what constitutes flashing. If a sign changes every 10 minutes we would be hard pressed to
defend that as a flashing sign. The ordinance does not have a time frame for determining what is
a flashing sign.
I believe the request from the Culver's owner is reasonable. If the only information
provided on their sign was the date, weather, time etc, there would be no regulation as to the
duration that information would have to remain before it was changed. In fact I have observed
0
such signs change every 3 to 4 seconds and that is legal. It would be.myrecommendations that
the City consider amending the sign ordinance to allow a written information change on a sign
every 10 seconds. The time frame allows continuity in the message and at the same time is not a
visual barrage to the motorist. I believe that Chad Liston from Culver's will be present Monday
evening to address the Council with his request. We should also note that MNDOT currently
employs such signs to warn motorist of driving conditions.
•
0
• The section regarding firearms and dangerous weapons in the rental ordinance needs to be in
conformity with the new Legislation.
School District No. 279 will be assessing the risk in vacating an existing storm sewer easement at
Garden City Elementary School; and there were no water problems associated with the vacating of
an existing storm sewer easement at Garden City Elementary.
DISCUSSION OF CITY SIGN ORDINANCE PROHIBITING FLASHING SIGNS
City Manager Michael McCauley discussed that the City received a request from Culver's asking for
the City to consider modifications to the City's Sign Ordinance. Mayor Kragness questioned if the
sign currently operating at Culver's has the option of revolving messages
Chad Liston from Culver's informed the Council that the sign they currently have can revolve
messages; however, most of the Culver's use scrolling messages.
It was the consensus of the Council to have staff consider modifications to the City's Sign
Ordinance.
MISCELLANEOUS
Councilmember Niesen questioned the process that would be used for the rental ordinance item since
• she believes not all of her questions have been answered. Mr. McCauley discussed that the current
rental license holders and the Association for Rental Management (ARM) were notified of the
proposed amendments to the rental ordinance and about the meeting this evening to provide public
comment. The Council will open the meeting for public comment and make a decision on whether to
introduce the proposed ordinance amendments as is or make a motion to modify the ordinance after
the public comment process.
Council further discussed the Shoreline Grant for Twin Lake Park. Mayor Kragness informed that
she is not in favor due to the cutbacks for other parks and the budget issues the City is facing at this
time.
Councilmember Niesen asked if she could take action on getting a sign in the Council Chambers.
She would like something indicating Brooklyn Center during live broadcasts. W. McCauley
informed the Council that the City's Sign Shop is looking to see if they would be able to prepare a
sign with silver letters to cover the wall behind the Council seats.
Councilmember Niesen inquired about an e-mail regarding Firehouse Park. Mr. McCauley informed
that Lieutenant Kevin Benner was going to have the park monitored to see if they can enforce
curfew.
•
06/09/03 -2-
0 MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: June 18, 2003
SUBJECT: An Ordinance Amending Chapter 34 (Sign Ordinance)
u~
At the June 9, 2003 Council work session, staff was directed to draft an amendment to the
City's sign ordinance that would allow electronic message boards to change messages/i Ages
routinely. Under the current ordinance any change in the message is defined as a flashing sign
and is prohibited. Specifically, the. current ordinance does not define flashing vs. changing within
a specific time frame. For example, an electronic message board that changed once per hour is
technically a flashing sign and yet clearly not the intent of the ordinance.
For background, I have attached my memo to the Council for the meeting on the 9a' of
• June. The ordinance as written permits a sign change, actually a cell change, every 2 seconds.
Electronic message boards are made up with a series of cells that are illuminated. Thus you can
create a message that travels across the board. My memo recommended every 10 seconds. Since
that time, I have had the opportunity to observe various time frames for changing the cells on
such message boards. The 2 second time frame is appropriate and most importantly does NOT
create a flashing effect. I would recommend that this amendment be approved for a first reading.
I believe that a representative from Culvers will be present.
0
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 28 h day of July, 2003, at 7:00 p.m.
or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway to
. consider an amendment to Chapter 34 relating to sign regulations.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the Deputy City Clerk at 763-569-3308 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 34-110 AND 34-140 OF THE
BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO SIGN
REGULATIONS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER` DOES ORDAIN AS
FOLLOWS:
Section 1. City Code Section 34-110 amended by adding the following definition:
Section 34-110. DEFINITIONS.
Sim dynamic message. A dynamic messages sign. "DMS." also known as a changeable
messages sign. variable messages sign or other similar name. is an electrical or electro mechanical
sign on which a message may be placed which can-be changed remotely or on site through hard
wire or wireless communications.
Section 2. City Code Section 34-140, paragraph 1 is amended by adding new paragraph k as
follows:
Section 34-140. PERMITTED SIGNS.
J
1. Cje_neral reouiremCnts and standards for nermitted signs.
k. A dynamic messages sign "DMS." is nermitted only in the C2. I-1 and I-2
Districts. A DMS is also subiect to the reouirements of Section 34-140,
subdivision 3.A. of this ordinance. A DMS message must remain constant
for at least two seconds when such sign is in use.
Section 3. This ordinance shall become effective after adoption and upon thirty (30) days
following its legal publications.
Adopted this day of , 2003.
ATTEST:
Mayor City Clerk
Date of Publication:
Effective Date:
19 (Underline indicates new matter, brackets indicate matter to be deleted.)
0
A motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the contract
between the City of Brooklyn Center, School District No. 279, and Hennepin County for the use of
Brooklyn Center's county-owned election equipment by the School District. Motion passed
unanimously.
8. PUBLIC HEARINGS
8a. AN ORDINANCE AMENDING SECTIONS 34-110 AND 34-140 OF THE
BROOKLYN CENTER CODE OF ORDINANCES RELATING TO SIGN
REGULATIONS
City Manager Michael McCauley discussed that this ordinance amendment would allow electronic
message boards to change messages/images no more frequently then two seconds. Under the current
ordinance any change in a message is defined as a flashing sign and is prohibited.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public
Hearing. Motion passed unanimously.
No one wished to address the Council.
A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public
• Hearing. Motion passed unanimously.
ORDINANCE NO. 2003-07
Councilmember Lasman introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING SECTIONS 34110 AND 34-140 OF THE BROOKLYN CENTER
CODE OF ORDINANCES RELATING TO SIGN REGULATIONS
The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember
Carmody. Motion passed unanimously.
8b. CONSIDERATION OF APPLICATION FOR A CURRENCY EXCHANGE
LICENSE SUBMITTED BY FAST CASH CHECK CASHING LLC TO
OPERATE A CURRENCY EXCHANGE BUSINESS AT 6050 SHINGLE
CREEK PARKWAY, SUITE 6078, BROOKLYN CENTER, MINNESOTA
-RESOLUTION TO DENY ISSUANCE OF A CURRENCY EXCHANGE
LICENSE TO FAST CASH CHECK CASHING LLC TO OPERATE A
CURRENCY EXCHANGE BUSINESS AT 6060 SHINGLE CREEK
PARKWAY, SUITE 6078, BROOKLYN CENTER, MINNESOTA
0 07/28/03 -4-
Section 34-120. NONCONFORMING USES. Any sign legally existing on the effective date of
this ordinance which does not conform to the requirements set forth in this ordinance shall become a
nonconforming use.
Nonconforming, permanent signs shall be allowed to continue but shall not be rebuilt,
materially altered., or relocated without being brought into compliance with the requirements of this
ordinance, except that any flashing portion shall be discontinued within 30 days after the effective date
of this ordinance.
Section 34-130. PROHIBITED SIGNS.
1. Signs that, by reason of position, shape, or color would interfere with the proper function
of a traffic sign or signal.
2. Signs within the public right-of-way or easement, except for government installed signs.
3. Signs that resemble any official marker erected by a governmental agency or that display
such words as "Stop" or "Danger".
4. Flashing signs including indoor signs which are visible from the public streets.
5. With the exception of searchlights which may be approved in conjunction with an
Administrative Permit as provided in Section 35-800 of the City Ordinances, no rotating
beam, beacon or flashing illumination shall be used in connection with any display.
6. Signs or sign structures that obstruct any window, door, fire escape, stairway or opening
intended to provide ingress or egress for any building structure. With reference to
commercial and industrial districts, signs painted on the inside glass portion of windows or
doors are permitted.
7. Banners, pennants, streamers, balloons, stringers or similar attention attracting devices,
unless approved in conjunction with an Administrative Permit as provided in Section 35-
800 or unless authorized by Section 34-140, Subdivision 2m or 20 of the City Ordinances.
8. Sign posters that are tacked or posted on trees, fences, utility poles or other such supports.
9. Portable signs, except as provided in Section 34-140, Subdivision 2f unless approved in
conjunction with an Administrative Permit as provided in Section 35-800 of the City
Ordinances.
10. Roof signs except as provided in Section 34-140, Subdivision 3A(1).
0 *
City of Brooklyn Center 34-6
03/24/07
ti
11. Off-Premises Advertising Signs except as otherwise permitted by Section 34-140 and
Section 35-800 of the City Ordinances. Signs advertising a business no longer operating
on the premises shall be deemed off-premises advertising signs and must be abated in
accordance with Section 34-140.1j.
12. Signs painted directly on building walls.
13. All other signs not expressly permitted by this ordinance.
14. Signs painted on a commercial vehicle which is parked at a commercial premises in such a
manner as to constitute a static display advertising a business, product or service to the
traveling public and which is not making a pickup or delivery or being appropriately stored
on the premises.
Section 34-140. PERMITTED SIGNS.
General-R,eauirements and Stapdards far Permitted Sigg
a . Where a sign is illuminated, the beam of light shall not shine directly upon any part
of a•residence or into the street.
M
b. No projecting sign shall:
project more than 96 inches out from the wall to which it is attached;
extend above the roof line,
exceed the area of a freestanding sign which might be permitted according to Table
34-A of this ordinance.
c. Any sign or sign structure which may be, or may hereafter become rotted, unsafe or
unsightly shall be repaired or removed by the licensee, owner, or agent of the owner
of the property upon which the sign stands upon written notice of City Manager or his
agent.
d. No part of any permanent 5eestanding sign shall be closer than 10 feet to the side lot
line.
e. No part of any sign shall project over or beyond the property line of the property upon
which the sign is located.
r
City of Brooklyn Center
34-7
03/24/07
• f Unless set back ten (10) or more feet from the street right-of-way line, the supporting
• column (s) of a freestanding sign exceeding 16 feet in area shall not materially
impede vision between a Height of two and one-half (2-1/2) and seven and one-half
(7-1/2) feet above the centerline grade of the street. Freestanding signs located
within the sight triangle defined in Section 35-560 shall have a minimum vertical
clearance of 10 feet above the centerline grade of the intersecting streets.
g. Permitted freestanding signs located in C2, I-1 and I-2 districts may rotate subject to
the following conditions:
1. If illuminated, the light source shall be interior and constant in intensity and
color. "
2. The speed of rotation shall not exceed 4 rpm.
3. The rotating portion of the sign shall not exceed 150 square feet of gross surface
area.
4. The rotating portion of the sign shall not be less than 10 feet above centerline
grade of the street
h. When electrical signs are installed, their installation shall be subject to the City's
electrical code.
i. Wall Signs on office buildings shall be of a uniform design compatible with the
exterior appearance of the building.
j. When the occupant of a building or parcel ceases to use the property and abandons
the site or building space, all signery associated with the former occupant shall be
removed. It shall be the responsibility of the property owner to effect the removal of
such signery and any support structure. If the owner of the property fails to remove
all obsolete signery within 90 days after the former occupant vacates the premises,
the City shall be entitled to have such signery removed, either by its own forces or by
hire of a licensed sign contractor and the cost of such removal shall be assessed
against the property. The owner of the property shall receive written notice of the
City's intent to remove obsolete signery at least 30 days prior to the action.
k. A dynamic messages sign "DMS," is permitted only in the C2, I-1 and I-2 Districts.
A DMS is also subject to the requirements of Section 34-140, subdivision 3.A. of this
ordinance. A DMS message must remain constant for at least two seconds when
such sign is in use.
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Signs
Perm . ements 01 the
mitted sign regUrr
Sub-lect to peC Ong districts• fitted only
G2, l,41 an 1-2 -toning ~~,s perm
d esign ~MS ' MS is also
A dynam►c m andg_2 pistricts• S Dection 34"140'
~n the C2► ~t the requirements °f Ce, A MS o
sublect to of this ordinan for at least tw
subdivision 3.A. constant
must remain 15 ~n USe.
message en such sign
seconds Wh
U.2,S luejnejs@~ s,J@A nD
Hansen Brothers Fence Sign
• Dynamic Message Board -Time
Rotating Sign (revo ves at 4 rpm;
pynarnic Signs
Addition of
also VIno\jqn
OMS y
•c messages sligns ~aCiable
p, dv nami ges an 1
eab1e Messa e is
as a Shang r o~heC similar n s~'n'on which
messages s►gn ° chan►ca~ g
be
e hich can
hard
ctrica\ or electro aced W
.e
message ay be or on site throng
a
changed remote commun~cations.-
wire or w'reless
Ord'nance Amendment 2003-7
:s
•
City of Brooklyn Center
City Council Work Session
Discussion on the Sign Ordinance
Fashing. Signs
•
• aching of Signs
pefinition F
on which the artificia
.lum~nated Sign ~ntained at a constant
Any ~ or is not ma is in use,
light or co - or When Such sign
rovid'►ng
intensity or co of a Sign P
Bather,
exCePt fOr ther portIon
such as tim frm
wation•
ation
pub Ic intemfo ror sim► ar in
date, perature
d Signs (Section 34-140 k4) WhlC~l
prohlb►te indoor Signs,
1n Signs~ ine uding
F ash g from the public street.
are visib-e
i
0
enCe Sign
Brothers F
~Aansen
am`c Message B°ara ►L
pyn
•
Hansen Brothers Fence Sign
Dynamic Message Board - WisaoR► L~~~~• -
•
0 0
Hansen Brothers Fence Sign
Use of a motion (wand image) to reset message.
Wa green's
SAD
0 0 0
GV Cert*f'ed
Constructed
in the
Rear Yard
Facing 694
At ants Poo and Spa
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V ~ 'f1~Na. ~^J }~.IM ~~f.~di} f•
0 0
At ant's Poo and Spa
•
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f
Background Motion Total Sign Area Allotted to Message Panel
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