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I I I Council Meeting Minutes February 13, 1996 Page 4 Council Business. continued Samuelson verified that a non-commercial opinion sign could be located on commercial property. LeFevere said the City does not have authority to regulate the message on an opinion sign, and prohibiting all large signs could cause First Amendment challenges to the ordinance. It would not be advisable to apply a total ban on large signs dealing with opinion messages. Installation of an opinion or non-commercial sign would require: the sign be located 500 ft. or more from a residential district line; 20 ft. from a right-of- way line; 150 ft. from a non-residential structure; 500 ft. from a residential structure; approval given by landlord; and sign height no more than 15 ft. The setbacks have been increased and sign height decreased from the current code. Fulton confirmed that the amendment prohibit'! new billboards, but also protect'! the City from legal challenges. LeFevere said a sign becomes a billboard when the message changes to a commercial message which then is not allowed. The only billboards which can be erected are those that have secured a permit prior to the effective date of the ordinance. Basically, the ordinance does not get into regulating sign content, but off- premise advertising is not allowed. Motion by Williams, seconded by Gunderman, to WAIVE THE FIRST AND SECOND READINGS, ADOPT, AND ORDER THE PUBLICATION OF AN ORDINANCE AMENDING THE CITY'S SIGN ORDINANCE PROHIBITING NEW BILLBOARDS IN THE CITY OF NEW BRIGHTON. 4 Ayes - 0 Nayes, Motion Carried. Economic Development Specialist Jill Hanson presented the request to prepare a development agreement with McKinley Hill, Inc. McKinley Hill proposes the redevelopment of the northern one acre parcel of the Robinson Coach property. The agreement terms include: purchase price of $60,000; construction of an 8,100 sq. ft. single-story building; begin construction Spring 1996 with completion December 1996; project cost of $400,000 with market value of $33-35/per sq. ft.; and non refundable deposit of $2,500 which will be applied at closing. Benke noted that the appearance will be similar to the nearby Patio Enclosures building. Motion by Gunderman, seconded by Samuelson, to AUTHORIZE STAFF TO PREPARE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEW BRIGHTON AND MCKINLEY HILL CORPORATION. 4 Ayes - 0 Nayes, Motion Carried. Community Development Director Kevin Locke presented the purchase agreement for the Dolle Property (TIF #15),498 - 1st S1. NW. The purchase terms are similar to the previously approved agreement, but the changes relate to underground tanks and environmental testing. The owner has removed three underground tanks and a small amount of contaminated soil. However, a small amount of contamination remains but is impossible to remove because it is under the building. The City will demolish the buildings, but D & T is responsible for removing the contaminated soil. All work will be done according to MPCA regulations. Council Business Sign Ordinance Report 96-040 Ordinance 650 McKinley Hill Report 96-041 Dolle Property Report 96-042 Resolution 96-010