Aberdeen City Council

NOTICE: CITY COUNCIL WILL MEET FOR A WORK SESSION ON MONDAY, AUGUST 12 TH, AT 5:00 P.M. REGARDING THE PROPOSED 2020 BUDGET. AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, AUGUST 12, 2019 AT 5:30 P.M. CITY COUNCIL CHAMBERS, CITY HALL, 123 S. LINCOLN ST. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. MINUTES, CITY COUNCIL MEETING OF AUGUST 5, 2019 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 4. OLD BUSINESS A. ORDINANCE NO. 19-07-02 AMENDING THE ZONING REGULATIONS OF THE CITY CODE REGARDING ILLUMINATED AND ELECTRONIC MESSAGE BOARD SIGNS AND SIGNS IN THE ABERDEEN COMMERCIAL HISTORIC DISTRICT POSSIBLE SECOND READNG AND FINAL ADOPTION OF ORDINANCE NO. 19-07-02 5. CONSENT CALENDAR – POSSIBLE APPROVAL A. LICENSE – EXCAVATOR – ADRIANA FLORES DBA MX UNDERGROUND LLC B. REQUEST TO SERVE AND PERMIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE WYLIE PARK PAVILION ON OCTOBER 4 – 5, 2019 FOR A VINGER WEDDING C. LOTTERY NOTICE – ASPIRE FOUNDATION FUNDRAISER – RECEIVE AND PLACE ON FILE D. FINANCIAL CLOSE-OUT REPORT FOR AIP #3-46-0001-37-2017 - AIRPORT SNOW REMOVAL EQUIPMENT ACQUISITION AND WILDLIFE HAZARD ASSESSMENT AND MANAGEMENT PLAN 6. NEW BUSINESS A. PUBLIC HEARING FOR SUBMISSION OF THE 2020 CAPITAL IMPROVEMENT PROGRAM POSSIBLE APPROVAL OF RESOLUTION NO. 19-08-01R ADOPTING THE CAPITAL IMPROVEMENT PROGRAM WITH OR WITHOUT AMENDMENTS B. REQUEST FOR A COMMUNITY EVENT PERMIT FOR ABERDEEN DOWNTOWN ASSOCIATION’S COLLEGEPALOOZA EVENT ON AUGUST 27TH ON S. MAIN ST. FROM 3RD AVE. TO 5TH AVE. POSSIBLE APPROVAL OR DENIAL OF THE COMMUNITY EVENT PERMIT FOR ABERDEEN DOWNTOWN ASSOCIATION’S COLLEGEPALOOZA EVENT ON AUGUST 27TH C. RECOMMENDATION ON BIDS FOR 2019 STREET MAINTENANCE CONCRETE REPAIR PROJECT POSSIBLE APPROVAL TO AWARD THE BID TO CWF MASONRY & CONSTRUCTION IN THE AMOUNT OF $228,321.00 AND AUTHORIZE THE CITY MANAGER AND FINANCE OFFICER TO SIGN ALL NECESSARY DOCUMENTS AFTER APPROVAL BY THE CITY ATTORNEY D. AIRPORT PAYMENT REQUESTS: 1. PAYMT. #10 – AIP #3-46-0001-40-2019 BID PHASE - TAXIWAY ‘C’ – HELMS & ASSOC. $3,623.18 2. PAYMT. #12 – AIP #3-46-0001-39-2018 MASTER/LAYOUT PLAN – HELMS & ASSOC. $31,495.64 3. PAYMT. #3 – AIP #3-46-0001-41-2020 GENERAL AVIATION APRON – HELMS & ASSOC. $2,888.61 POSSIBLE APPROVAL OF THE PAYMENTS AND AUTHORIZE THE CITY MANAGER TO SIGN THE PAYMENT REQUESTS TO HELMS & ASSOCIATES FOR WORK ON THE AIRPORT PROJECTS Page 1 of 55 08/08/2019  E. BILLS: APPROVAL OF BILL LIST FOR AUGUST 12, 2019 F. CITY MANAGER’S REPORT 7. ADJOURN 1. OPEN FORUM PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL WITH QUESTIONS, CONCERNS OR COMMENTS ON ITEMS, WHICH ARE NOT ON THE AGENDA. CITIZENS ARE ASKED TO SIGN UP TO SPEAK PRIOR TO THE OPEN FORUM PORTION OF THE MEETING. OPEN FORUM WILL BE LIMITED TO 10 MINUTES (IF NO ONE IS IN ATTENDANCE FOR THE OPEN FORUM, THE REGULAR MEETING MAY BEGIN) UNLESS A MAJORITY OF THE CITY COUNCIL AGREES TO EXTEND THE TIME PERIOD. THE OPEN FORUM MAY NOT BE USED TO MAKE PERSONAL ATTACKS, TO AIR PERSONALITY GRIEVANCES, TO MAKE POLITICAL ENDORSEMENTS, OR FOR POLITICAL CAMPAIGN PURPOSES. OPEN FORUM WILL NOT BE USED AS A TIME FOR PROBLEM SOLVING OR REACTING TO THE COMMENTS MADE, BUT, RATHER FOR HEARING THE CITIZEN FOR INFORMATIONAL PURPOSES. THE CITY COUNCIL MAY RESPOND WITH REQUEST FOR CITY MANAGEMENT TO FOLLOW UP AND REPORT BACK ON ANY ISSUE RAISED DURING THE PUBLIC ADDRESS TIME. A PRESENTATION MAY NOT EXCEED TWO MINUTES IN DURATION. 2. ADA COMPLIANCE: THE CITY OF ABERDEEN FULLY SUBSCRIBES TO THE PROVISIONS OF THE AMERICAN’S WITH DISABILITIES ACT. IF YOU DESIRE TO ATTEND THIS PUBLIC MEETING AND ARE IN NEED OF SPECIAL ACCOMMODATIONS, PLEASE NOTIFY THE CITY FINANCE OFFICE AT LEAST 8 HOURS PRIOR TO THE MEETING SO APPROPRIATE AUXILIARY AIDS AND SERVICES CAN BE MADE AVAILABLE. THE CITY COUNCIL MEETS WEEKLY ON MONDAYS AT 5:30 P.M. EXCEPT WHEN A HOLIDAY FALLS ON MONDAY, IN WHICH CASE THE MEETING IS HELD AT 5:30 P.M. ON THE NEXT BUSINESS DAY. 3. A COPY OF THE SUBJECT MATTER ON THE CITY COUNCIL MEETING AGENDA IS AVAILABLE FOR PUBLIC DISTRIBUTION AT THE CITY FINANCE OFFICE AND AVAILABLE ON THE CITY’S WEBSITE www.aberdeen.sd.us. Page 2 of 55 08/08/2019  17465 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, August 5, 2019 at 5:30 p.m., regular meeting of the Board of City Council Members, Mayor Mike Schaunaman presiding. Present at roll call were City Council Members Mark Remily, Dave Lunzman, Josh Rife, Alan Johnson, David Bunsness, Dennis “Mike” Olson, and Clint Rux. City Council Member Rob Ronayne was absent. City Staff present were Lynn Lander, Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, Dave McNeil, and Shirley Arment. Mayor Schaunaman led the Pledge of Allegiance. MINUTES Motion by Johnson, second by Bunsness to approve the minutes of the City Council Meeting of July 29, 2019, as circulated. All present voting aye, motion carried. OPEN FORUM Casey Weismantel, Laura Ptacek, and Layton Holmstrom were present to report on the Convention & Visitors Bureau’s 2nd quarter activities. Mike Bockorny, CEO of Aberdeen Development Corporation, was present to update the Council on the continued progress in recruitment, retention, and expansion of businesses in Aberdeen. OLD BUSINESS ORDINANCE NO. 19-07-02 Motion by Bunsness, second by Rux to postpone for one week the possible second reading and final adoption of Ordinance No. 19-07-02 amending the zoning regulations of the City Code regarding illuminated and electronic message board signs and signs in the Aberdeen Commercial Historic District. Upon roll call, all present voting aye, motion carried. ORDINANCE NO. 19-07-07 Motion by Bunsness, second by Remily to approve second reading and final adoption of Ordinance No. 19-07-07 supplementing the 2019 Budget for various unanticipated projects, activities, and expenses. Upon roll call, all present voting aye, motion carried. CONSENT CALENDAR Motion by Remily, second by Rux to approve the following items on the consent calendar: COMMUNITY EVENT PERMIT – for a “Portra/Delzer Party” on September 21, 2019 at 3011 – 8th Avenue, NE #206 RENEWAL OF RETAIL ON-OFF SALE MALT BEVERAGE & SD FARM WINE LICENSE RB-25963 for July 1, 2019 to June 30, 2020 for Colorful Creations LLC at 207 South Main Street. SET HEARING DATE – of August 19, 2019 at 5:30 p.m. for a Special Five-Day Retail On- Sale Liquor License on September 4 – 8, 2019 for ACT2, Inc. dba Aberdeen Community Theatre at 415 South Main Street. Page 3 of 55 08/08/2019  17466 LOTTERY NOTICE – Aberdeen Central Athletic Booster Club – receive and place on file. All present voting aye, motion carried. NEW BUSINESS HEARING ON MALT BEVERAGE & SD FARM WINE LICENSE Mayor Schaunaman opened a hearing for a new Retail On-Off Sale Malt Beverage & SD Farm Wine License for MML Karisma LLC dba Karisma Boutique at 305 South Main Street. No one was present to testify in opposition to the license request so Mayor Schaunaman closed the hearing. Motion by Remily, second by Lunzman to approve the Retail On-Off Sale Malt Beverage & SD Farm Wine License for MML Karisma LLC at 305 South Main Street. Upon roll call, all present voting aye, motion carried. REQUEST TO SERVE WINE AND BEER AT LIBRARY Troy McQuillen and Pat Gallagher, members of the Library Foundation, were present to request permission from the Council to serve wine and beer in the K.O. Lee Aberdeen Public Library Meeting Room on September 22, 2019 during the Library Foundation’s 25th Anniversary Reception. Motion by Remily, second by Rux to approve the request to serve wine and beer in the library meeting room on September 22, 2019 provided that a certificate of liability insurance is submitted to the City Finance Office prior to the event date. Upon roll call, Remily, Lunzman, Rife, Johnson, Olson, Rux, and Mayor Schaunaman voting aye, Bunsness voting nay, 7 ayes and 1 nay, motion carried. COMMUNITY EVENT PERMIT FOR NSU Motion by Olson, second by Johnson to approve of a Community Event Permit for Northern State University’s Gypsy Day Parade on October 12, 2019 on Main Street. All present voting aye, motion carried. PAYMENT FOR STREET MAINTENANCE CONCRETE REPAIR Motion by Bunsness, second by Olson to approve Payment Request #5 in the amount of $25,747.24 to CWF Masonry & Construction for work on the Street Maintenance Concrete Repair Project. City Engineer Robin Bobzien gave an update on the project. Upon roll call, all present voting aye, motion carried. BILLS Motion by Olson, second by Bunsness to approve payment of the bills listed for August 5, 2019, and any additions thereto, such bills having been audited by the Finance Officer and fully itemized and authorize the Mayor or City Manager to sign, and the Finance Officer to countersign, all warrants for payment of the following approved bills: US Bank 61,042.05; Wellmark Blue Cross/Blue Shield 162,500.00; Phil Baker 500.00; AT & T 651.83; Northwestern Energy 373.82; Harms Oil Company 24,351.12; Nationwide Employee Benefits 205.92; HR Green Inc. 24,339.59; Ferguson Waterworks 2,576.00; United Parcel Service 45.32; J & K Mowing Service 150.00; Northwestern Energy 91,326.39; MARCO Technologies LLC 77.51; Kent Warrey 96.00; Brant Winter 96.00. Upon roll call, all present voting aye, Page 4 of 55 08/08/2019  17467 motion carried. PAYROLL Motion by Remily, second by Lunzman to approve the payroll for the period from July 21, 2019 through August 3, 2019 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: Wells Fargo 156,639.98; SD Retirement 76,110.40; Governing Body 3,192.28; City Manager 8,313.36; City Attorney 6,406.56; Finance 14,173.94; HR 7,643.84, Building 1,711.35; Computer 4,638.61; Planning/Zoning 14,905.27; Engineering 13,790.73; Police 129,335.51; Fire 111,179.22, Jordon Dahme 16.71 hr, Kyle Stoddard 16.71 hr; Housing/Building 6,395.35; Street 32,968.27; Traffic 6,576.93; Solid Waste 27,166.15; Transportation/Ride Line 16,600.17, Library 27,279.29; Parks, Rec & Forestry 217,582.13; Airport 18,255.07; Pipe 26,919.81; Water Treatment 17,514.18; Meter 1,603.92; Water Reclamation 20,478.26; Pump 7,048.47. Upon roll call, all present voting aye, motion carried. CITY MANAGER’S REPORT City Manager Lynn Lander reminded the Council of the work session on April 12, 2019 at 5:00 p.m. to discuss the 2020 Budget. There being no further business, motion by Olson, second by Johnson to adjourn the meeting. All present voting aye, motion carried. Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer. Page 5 of 55 08/08/2019  XXXXXXXX August 12, 2019 4A XXXXXXXX Old Business XX Page 6 of 55 08/08/2019 Page 7 of 55 08/08/2019 First Reading: July 29, 2019 Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 19-07-02 AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE ABERDEEN CITY CODE REGARDING ILLUMINATED AND ELECTRONIC MESSAGE BOARD SIGNS AND SIGNS IN THE ABERDEEN COMMERCIAL HISTORIC DISTRICT WHEREAS, the City Council of the City of Aberdeen is charged with providing for the health, safety, and property of its citizens, and does so through the comprehensive zoning ordinances adopted at Chapter 60 of the Aberdeen City Code; and WHEREAS, Section 60-286 provides that no amendment, supplement, or change to Chapter 60 shall become effective unless it shall have been proposed by, or shall first have been submitted to, the planning and zoning commission for review and recommendation. WHEREAS, the Planning and Zoning Department recommends amendment of relevant sections of Chapter 60 regarding regulation of illuminated and electronic message board signs and to repeal certain regulations regarding signs in the Aberdeen Commercial Historic District; and WHEREAS, pursuant to Aberdeen City Code, Sec. 60-286, the City of Aberdeen and planning commission held a public hearing on July 16, 2019, upon notice properly given, to study and report on the proposed amendment to the Zoning ordinance, and the planning commission thereafter approved and recommended adoption of the amendment by the City Council; and WHEREAS, the City Council has determined that the following amendment will benefit the health, safety, and property of its citizens. BE IT ORDAINED BY THE CITY OF ABERDEEN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE: Ordinance No. 19-07-02 Page 8 of 55 08/08/2019 Page 1 of 12  1. Sec. 60-217 of Chapter 60 – Zoning shall be amended as follows: Sec. 60-217. - Enforcement responsibility. (a) The provisions of this chapter shall be enforced by the zoning inspector and his or her designee, such designee being any employee of the city whose duty is to ensure compliance with the provisions of this section, including, but not limited to, law enforcement officers, code enforcement officers, building inspectors, and planners. The official or his or her duly appointed representative The zoning inspector shall have the power to enter onto such properties and to make inspection of buildings, structures, and uses, including accessory building, premises, and uses necessary to carry out his or her duties in the enforcement of this chapter. He or she shall take any action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. (b) The zoning inspector shall keep a record in his or her office of all applications filed, issued, or refused, and if refused the reason for such refusal and the final action thereon. He or she shall keep a record in his or her office of all zoning permit fees collected and shall remit the amount of such fees to the office of the city finance officer each day. (c) Appeal from the decision of the zoning inspector may be made to the board of zoning adjustment. 2. Section 60-340 of Chapter 60 – Zoning shall be amended as follows: Sec. 60-340. - District regulations. … (h) C-3 central business district. In the central business district all signs must comply with the following: (1) Business signs. a. Signs attached to the building equaling 20 percent of the building face area or 100 square feet, whichever is greater; not higher than the roofline. b. Projecting signs may not exceed 50 percent of the allowable sign area. c. One freestanding sign up to 100 square feet; not higher than 30 feet; not closer than 50 feet to another freestanding sign; not closer than five feet from any property line. d. For freestanding signs installed along U.S. Highway 12 (6th Avenue), an additional 45 percent of the sign area may be added for decorative framing, brickwork, or similar facade applications; provided however, that such additional area may not include advertising of any type. (2) Area identification. Ordinance No. 19-07-02 Page 9 of 55 08/08/2019 Page 2 of 12  a. One freestanding sign per commercial development, provided that no other freestanding sign is displayed on the property. 1. Maximum size shall be 200 square feet. 2. Maximum height shall be 30 feet. 3. Shall be setback a minimum of ten feet from any property line. (3) Residential signs. Only signs allowed in R-1, R-2 or R-3 districts shall be allowed for residential uses. (4) Off-premises signs. Off-premises signs may be allowed as a special exception. (5) Aberdeen Commercial Historic District, which is bordered by 6th Avenue SE/SW on the south, Railroad Avenue SE/SW on the north, the public alley right-of-way between Main Street S. and 1st Street S. on the west, and the public alley right-of-way between Main Street S. and Lincoln Street S. on the east. a. Characteristics. This district was created with the goal of preserving the historic nature of the Aberdeen Commercial Historic District while maintaining overall economic health within the district. b. General provisions applicable to entire district. (1) Signs must be directly attached to the building and will be permitted only on main street frontages, side street frontages, and alley entrances. (2) No sign shall be located above the roofline of any building within the district. (3) The allowance set forth in subsection 60-341(e)(1) shall not apply to the Aberdeen Commercial Historic District as no sign in the district shall be internally illuminated. (4) No sign shall include changeable copy. (5) Signs shall not include electronic components, such as message boards, video and graphic displays, or any electrically driven mechanical movement. (6) Signs shall not have wind-blown moving components, such as pennants, ribbons, streamers, spinners, flags, banners or strings of light bulbs. Ordinance No. 19-07-02 Page 10 of 55 08/08/2019 Page 3 of 12  (7) No sign shall swing or otherwise noticeably move as a result of wind pressure. (8) Building names or designations are also permitted on the building provided they are part of the architecture of the building facade: ex. McQuillen Block, Capital Building, VanSlyke Block. (9) Total signage, not including alley signage and under canopy signage, may equal 20 percent of the building face area or 100 square feet, whichever is greater. (10) Off-premises signs as defined by section 60-341 are prohibited within the Aberdeen Commercial District. (11) All signs must adhere to the regulations set forth in section 60-341. c. Permitted Signs. The following sign types may be permitted without further review as long as they meet all listed criteria for the district and designated sign type. (1) Blade signs. i. Blade signs shall not exceed 16 square feet. ii. The bottom edge of the blade sign shall be located between 8 feet and 20 feet above the ground. iii. The near edge of a blade sign shall be no more than 12 inches from the wall of the building to which the sign is attached and shall not extend more than 60 inches from the wall in total. iv. Only one blade sign will be permitted per building frontage or business bay, as in a multi-tenant building. (2) Channel Letter Signs. Channel letter signs may be mounted on a raceway, provided that the raceway shall not extend beyond the beginning and ending letter of the sign and is painted or otherwise finished to closely match the color of the wall or the letters to which are attached. Allowable illuminated signs are subject to the regulations set forth in subsection 60-341(e). (3) Wall signs. All wall signs must include a multidimensional element (i.e. decorative framing, raised lettering, etc.) that protrudes at least 1 inch from the flat portion of the sign. (4) Other Allowable Signage. Ordinance No. 19-07-02 Page 11 of 55 08/08/2019 Page 4 of 12  i. Alley Entrance Signs. One 4' x 4' wall sign will be permitted per each building's alley entrance and must be located directly above the alley entrance and may only be utilized as a directory of the occupants of the building. A sign permit will be required for each alley entrance sign, but the sign will not be included in the total square footage requirements for building signage. ii. Under Canopy Signs. One 6" x 36" under canopy sign may be attached to the bottom of a canopy at each principal entrance providing access. The under canopy sign must be at least eight feet above the sidewalk and one foot from the outer edge of the canopy. A sign permit will be required for each canopy sign, but the sign will not be included in the total square footage requirements for building signage. iii. Window Signage. Window signage is allowed on up to 25% of the available window area. Window signage does not require a sign permit. iv. Temporary Window Art. Temporary window art may cover up to 50% of available window area and is allowed only for decoration purposes. Window art shall not be used for commercial advertising. All window art shall be removed entirely one week after the promoted holiday and/or event. Temporary window art does not require a permit. (6) Premises located in the Aberdeen Commercial Historic District shall not be required to conform to the provisions of subsection 60-340(h)(5) unless there is a change in size, shape, location, content, or design of signage. … 3. Sec. 60-341 of Chapter 60 – Zoning shall be amended as follows: Sec. 60-341. - General regulations applicable to all districts. (a) Off-premises signs. (1) OAn off-premises signs and its accessory structures are recognized as a legitimate business enterprise and shall be the only permitted land use of a lotbut is not considered to be an accessory land use. (2) Off-premises signs shall be allowed only in areas designated as C-2 highway commercial district or I-2 unrestricted industrial district, or as a Ordinance No. 19-07-02 Page 12 of 55 08/08/2019 Page 5 of 12  special exception in a C-3 central business district, except that no off- premises signs or advertising shall be permitted within 300 feet of the road right-of-way on First Avenue Southeast/Milwaukee Avenue from South Main Street to County Highway 19. a. Off-premises signs are prohibited within a 150-foot radius of any residential district, park, school, hospital, library or any designated architectural, historic, or scenic area. b. All off-premises signs shall have a minimum setback of 20 feet from any property line. c. Off-premises signs shall not be displayed closer than 300 feet to any other off-premises sign structure on the same side of the right-of-way nor closer than a 600-foot 150-foot radius to any other off-premises sign structure. (3) Size of off-premises signs. a. Maximum size shall not exceed 275 400 square feet per side of sign area. Each side of a back-to-back or V-type sign structure shall be figured separately. An additional 25 square feet shall be allowed for cutouts or extensions to accommodate special artwork. b. No more than two signs may be displayed on one sign structure. c. Maximum height shall be 40 feet above grade at the center of the adjoining street. d. Minimum height shall be 12 feet. (4) Location to access point. a. OStatic off-premises signs shall not be located closer than 50 feet to any intersection of public street rights-of-way nor access point (driveway, approach, etc.) to a public street. b. Off-premises electronic message board signs shall not be located closer than 75 feet to any intersection of public street rights-of- way. (5) Illumination. a. Off-premises signs which contain, include, or are illuminated by any flashing, intermittent, or moving lights are prohibited.Off- premises signs which utilize animation and blinking, flashing, intermittent, or moving lights are prohibited, except that electronic message board signs are permitted subject to the requirements set forth at subsection (e)(6). Ordinance No. 19-07-02 Page 13 of 55 08/08/2019 Page 6 of 12  b. Off-premises signs shall not be illuminated so as to interfere with vehicular or pedestrian traffic in any way. c. Off-premises signs shall not be so illuminated that it interferes with the effectiveness of, obscures an official traffic sign, device or signal. d. Only white colored light shall be permitted.Off-premises signs that are not electronic message board signs shall be illuminated only by white colored light. (6) Only freestanding wall or roof signs are permitted. (7) Every owner or lessor of an off-premises illuminated or electronic message board sign, on a form prescribed by the planning and zoning director, shall irrevocably appoint either a resident of the city or the planning and zoning director to be the owner’s or lessor's agent to receive and comply with demands for immediate compliance from the zoning inspector and to receive service of process in any enforcement action or proceeding against the sign owner or lessor which arises under this article. … (e) Illumination. All illuminated signs, whether on-premises or off-premises, shall comply with the following: (1) Internal illumination is allowed in all zoning districts. (2) External illumination is allowed only in commercial and/or industrial zoning districts. (3) The light from any illuminated sign or billboard or from any light source, including the interior of a building, shall be so shielded, shaded or directed so that the light intensity shall not adversely affect surrounding or facing premises nor adversely affect the safe vision of operators of vehicles on public or private roads. (4) No sign shall have blinking, flashing, pulsating or fluttering lights or other illuminating devices which have a changing light operated to create an appearance or illusion of writing, printing or movement except for movement showing the date, time and/or temperature exclusively. In the C-2, C-3 and/or I-2 districts, additional information and blinking or flashing illumination may be allowed as a special exception. (5) Every illuminated sign shall comply with Illuminating Engineering Society of North America-based standards and may not have an illuminance that exceeds 0.3 foot-candles above ambient light as measured using a foot- candle meter or similar device at the prescribed distance depending upon sign area measured as follows: Ordinance No. 19-07-02 Page 14 of 55 08/08/2019 Page 7 of 12  Measurement Area of Sign Distance (Square Feet) (Feet) < 240 150 241 to 380 200 381 to 670 250 > 670 350 (65) Electronic message board signs. a. Except as otherwise provided in this section, electronic message board signs may be displayed for church and public/private school use in all zoning districts as a special exception and as long as the sign is located on the lot in which the church or school is located. All electronic message board signs shall be in compliance with all other applicable codes regarding signs. b. In the C-2 and I-2 districts, electronic message board signs are a permitted use, provided that such signs do not interfere with traffic safety, and may not be confused with or construed as a traffic control device. The minimum display time shall be six seconds, with the entire message static for the duration of the display time. Message changes must be instantaneous and may not employ fade dissolve, scrolling, or other effects. Electronic message board signs shall not be operated to display a message or graphic that is entirely red or blue in color. Monochrome electronic message board signs shall be limited to utilizing only amber-colored lights. All electronic message board signs in the C-2 and I-2 districts shall be in compliance with all other applicable codes regarding signs. c. Except as otherwise provided in this section, electronic message board signs may be displayed in the C-3 district along U.S. Highway 12 (6th Avenue) as a special exception and as long as the sign is located on the lot on which the business is located. All electronic message board signs in the C-3 district along U.S. Highway 12 (6th Avenue) shall be in compliance with all other applicable codes regarding signs. d. The minimum display time shall be six seconds, with the entire message static for the duration of the display time. Message changes must be instantaneous and may not employ fade dissolve, scrolling, or other effects. Electronic message board signs shall not be operated to display a message or graphic that is entirely red or blue in color. Monochrome electronic message board signs shall be limited to utilizing only amber-colored lights. e. All electronic message board signs shall comply with Illuminating Engineering Society of North America-based standards, shall be Ordinance No. 19-07-02 Page 15 of 55 08/08/2019 Page 8 of 12  equipped with dimming controls that automatically adjust the sign brightness in direct correlation with ambient light conditions, and may not have an illuminance that exceeds 0.3 foot-candles above ambient light as measured using a foot-candle meter or similar device at the prescribed distance depending upon sign area. (1) The measurement distance shall be as follows: Measurement Area of Sign Distance (Square Feet) (Feet) 10 32 15 39 20 45 25 50 30 55 35 59 40 63 45 67 50 71 55 74 60 77 65 81 70 84 75 87 80 89 85 92 90 95 95 97 100 100 For signs with an area in square feet other than or greater than those specifically listed in the table in this section, the measurement distance may be calculated with the following formula: The square root of the product of the sign area multiplied by 100. (Example for 12 square foot sign area: 12 square feet x 100 = 1,200 The square root of 1,200 is 34.6 Measurement distance is 34.6 feet) f. All electronic message board signs shall be equipped with a power supply shutoff readily accessible at all times to the zoning inspector and capable of being locked out by the zoning inspector. (7) Illuminance measurements shall be performed as follows: Ordinance No. 19-07-02 Page 16 of 55 08/08/2019 Page 9 of 12  i. The tester shall take the initial measurement by standing at ground level and aiming a foot-candle meter directly at the sign at least 30 minutes after sunset or 30 minutes before sunrise. The measurement will be taken as close as possible to the above prescribed distance from the sign face measured. ii. After the initial measurement has been taken, the tester shall measure and determine the ambient light conditions with the illuminated sign off or displaying all black copy. The ambient light reading shall be taken with the same foot-candle meter at the same height and location used to establish the initial measurement. … 4. Sec. 60-345 of Chapter 60 – Zoning is hereby created as follows: Sec. 60-345. – Penalties and remedies for certain sign violations. (a) The purpose of this article is to protect the public safety, health, and welfare from, among other things, illuminated or electronic message board signs that may interfere with traffic safety, or may be confused with or construed as traffic control devices. This section provides that certain violations of this article may be corrected immediately and that resistance to enforcement will result in enhanced penalties and remedies. (b) Penalties. In addition to the penalties set forth at section 60-222, a violation of this article shall incur the following penalties: (1) Original offense. When an illuminated sign or electronic message board sign is in violation of this article, a violation ticket shall be served with the initial offense fine being $200.00, plus court costs. (2) Subsequent offenses. If, after the first violation ticket, the violation continues at least one hour thereafter or another violation by such sign occurs within seven days thereafter, a second violation ticket shall be served with the second offense fine being $300.00, plus court costs. Any continuing or recurring violations thereafter may be enforced with the fines being increased as follows: a. Third offense is $400.00, plus court costs; and b. Fourth offense, and each offense thereafter, is $500.00, plus court costs. The total fines may not exceed $500.00 in any given day. (c) Remedies. In addition to the remedies set forth at section 60-223, the zoning inspector may take the following remedial actions when an illuminated sign or electronic message board sign is in violation of this article or three violations by such sign occur within a period of 7 days, and the zoning inspector determines that the condition or recurring condition creates a public safety hazard: Ordinance No. 19-07-02 Page 17 of 55 08/08/2019 Page 10 of 12  (1) Immediately stop, correct, or remove such violation by shutting off, disabling, covering, or removing the sign for a 48-hour period, without the notice and order described in this chapter; and (2) Prohibit operation of the sign for a period not to exceed 14 days, upon notice and order as described in this chapter. (d) Appeal from a decision of the zoning inspector made under subsection (c)(2) above may be made to the board of zoning adjustment. 5. Sec. 60-344 of Chapter 60 – Zoning shall be amended as follows: Sec. 60-344. - Legal nonconforming signs. (a) Notification of nonconformance. After the enactment of the ordinance from which this article is derived, the administrator shall, as soon as practicable, survey the zoning jurisdiction and identify the signs which do not conform to the requirements of this article. Upon determination that a sign is nonconforming, the administrator shall use reasonable efforts to so notify either personally or in writing the user or owner of the property on which the sign is located of the following: (1) The sign's nonconformity; and (2) Whether the sign is eligible for characterization either as legal nonconforming or unlawful. (b) Signs eligible for characterization as legal nonconforming. Any sign located within the zoning jurisdiction on the date of adoption of the ordinance from which this article is derived, which does not conform with the provisions of this article, is eligible for characterization as a legal nonconforming sign and is permitted, provided it also meets the following requirements: (1) The sign erected under a permit issued of the ordinances in effect at the date of erection. (2) The sign is properly maintained, and is not prohibited or otherwise to be discontinued or removed under the provisions of this article. (c) Loss of legal nonconforming status. A legal nonconforming sign shall immediately lose its legal nonconforming designation if: (1) The sign is altered in any way in structure or copy (except for changeable copy signs and normal maintenance), which tends to or makes the sign less in compliance with the requirements of this article than it was before the alteration; (2) The sign is relocated; (3) The sign is replaced; or Ordinance No. 19-07-02 Page 18 of 55 08/08/2019 Page 11 of 12  (4) Upon the occurrence of situations in subsections (c)(1) through (3) of this section the sign shall be immediately brought into compliance with this article with a new permit secured therefor, or shall be removed. (d) Legal nonconforming sign maintenance and repair. Nothing in this section shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this article 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 the sign structure or copy in any way which makes it more nonconforming or the sign shall lose its legal nonconforming status. (e) Conversion of existing nonconforming off-premises sign to electronic message board sign. Notwithstanding any other provision of this Code, any legal nonconforming off- premise sign may be converted by alteration and reconstruction to an electronic message board sign structure by the current permit holder at the same height and within a 10-foot radius of the same location of the sign cabinet as it currently exists, as long as the new location is not closer to the nearest roadway or residential area. A converted electronic message board sign structure may not be displayed closer than 600 feet to any other off-premises electronic message board sign structure. A converted electronic message board sign shall comply with all other provisions of the Code. A sign building permit is required to make the conversion allowed by this subsection. First Reading: July 29, 2019 Second Reading: Final Adoption: Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer Ordinance No. 19-07-02 Page 19 of 55 08/08/2019 Page 12 of 12 Page 20 of 55 08/08/2019 Page 21 of 55 08/08/2019 Page 22 of 55 08/08/2019 Page 23 of 55 08/08/2019 Page 24 of 55 08/08/2019 Page 25 of 55 08/08/2019 Page 26 of 55 08/08/2019 Page 27 of 55 08/08/2019 Page 28 of 55 08/08/2019 Page 29 of 55 08/08/2019 Page 30 of 55 08/08/2019 Page 31 of 55 08/08/2019 Page 32 of 55 08/08/2019 Page 33 of 55 08/08/2019 6A Page 34 of 55 08/08/2019 Page 35 of 55 08/08/2019 6B Page 36 of 55 08/08/2019 Page 37 of 55 08/08/2019 Page 38 of 55 08/08/2019 Page 39 of 55 08/08/2019 Page 40 of 55 08/08/2019 Page 41 of 55 08/08/2019 Page 42 of 55 08/08/2019 Page 43 of 55 08/08/2019 6C Page 44 of 55 08/08/2019 Page 45 of 55 08/08/2019 6D1 Page 46 of 55 08/08/2019 Page 47 of 55 08/08/2019 Page 48 of 55 08/08/2019 6D2 Page 49 of 55 08/08/2019 Page 50 of 55 08/08/2019 Page 51 of 55 08/08/2019 6D3 Page 52 of 55 08/08/2019 Page 53 of 55 08/08/2019 Page 54 of 55 08/08/2019 6E Page 55 of 55 08/08/2019