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HomeMy WebLinkAboutCouncil Workshop Minutes 08.25.2015 MINUTES COUNCIL WORKSHOP AUGUST 25, 2015 6:30 P.M. COUNCIL CHAMBERS A Council Workshop was held in the Council Chambers and called to order by Mayor Mark Mace at 6:30 p.m. on August 25, 2015. COUNCIL MEMBERS PRESENT: x Emelie Eaton _x_Doug Poehls x Bruce McGee _x_Richard Herr x Chuck Dickerson Scot Stokes x Tom Nelson x Bill Mountsier OTHERS PRESENT: Heidi Jensen, CAO Shirley Ewan, Clerk/Treasurer Monica Plecker, Contracted City Planner Gary Colley, Code Enforcement Michelle Braukmann Public Input (three-minute limit) Iry Wilke, 1017 Seventh Avenue, reported on the trap shoot event the Laurel Rod and Gun Club held for the Brotherhood of Locomotive Engineers on August 18th. General items • Laurel Volunteer Ambulance Appointment—Deb Senn The appointment will be on the September 1st council agenda. Executive Review • Reconsideration of Rimrock Chevrolet's sign code variance (Immediate PH if CC chooses to reconsider) Monica Plecker stated that this variance request originally came before the council in May. Rimrock Chevrolet has stated that there was information they did not provide initially that they think should be reconsidered. The city attorney recommends that the council reconsider in the sense that the council gives Rimrock Chevrolet an opportunity to present the new information. That does not say that the reconsideration goes either way, but just that the council should reconsider. Monica explained that, since there is not a Board of Adjustments, staff worked to form a process for reconsideration. Monica did not go through the staff report, as she will present that if there is a public hearing next Tuesday. At this point, she explained the process. In June, Rimrock Chevrolet told the city that they had more information and would like to have the variance reconsidered. On August 18t, Rimrock submitted a letter that formally asks for reconsideration and addresses the seven criteria for the pole sign. The letter includes information about Rimrock not using the sign in an animated way and some of their thoughts on the city's sign Council Workshop Minutes of August 25,2015 code. The information will be forthcoming at the public hearing. The request for reconsideration will come before the council for a motion next Tuesday. If the council votes "yes" to reconsider, it will trigger an immediate public hearing, at which time Monica will enter her staff report with her new fmdings and the applicant will be present to provide more information. Property owners within 300 feet were notified of the potential public hearing if the council decides to reconsider the request. The council received copies of the public hearing notice that was certified mailed and published in the paper 15 days prior to the September 1St. Once the public hearing is held, the council will consider and vote on a resolution that includes conditions of approval. Monica will present any new findings or information at the public hearing. Chuck asked if the council could recommend putting this on the agenda for the next meeting. Monica stated that the item is already on the agenda under scheduled items. If the council votes not to reconsider the variance request,there will be no public hearing and resolution. Monica explained that it is a three-step process. The motion to reconsider would be step one. That would trigger step two, which would be the public hearing. Step three would be the vote on the resolution. Bill asked for a brief summary of what they submitted now compared to what they submitted initially. Monica explained that Rimrock has submitted more detailed information. In the initial request, Monica recommended that the seven criteria had not really been addressed, as they had one sentence responses that did not say much. The new information talks about the way they plan to use the sign. They have provided language that leads staff to believe that it is not necessarily an animated sign, but is a controlled variable message sign. Some language in the code could support that, assuming that there are some conditions that do not allow use of its animated capabilities. Monica stated that Rimrock takes some positions on ideas in the sign code, but they are just opinions on what they think the city's sign code was intended to mean. If the sign code originated in 1997 and some of the language still applies today, but technology was different in 1997, it does not necessarily mean that the ordinance did not stand the test of time. There have been discussions at the Planning Board level, it was reconsidered by the city council, and there have been updates occasionally. Monica encouraged the council to read through all of the information, which includes her staff report, the letter submitted by Rimrock Chevrolet on August 18th, the previous application information, and the council minutes from May 5th. Bill asked if the city has enforcement capabilities regarding the sign, if the council chose to approve the request. Monica explained that, if a conditional use permit, a special review or a variance is approved with conditions, the code enforcement department can remedy the situation with anything that is considered to be a zoning violation regarding those conditions. • Resolutions—2015-2016 Preliminary Budget and Tax Resolutions (PH on September 1, 2015) Shirley Ewan stated that the Preliminary Budget was distributed to the council last week. She explained that a there was a new assessment over the property in Montana this year. A mill value is $7,466 this year, compared to $6,734 last year, which is $732 higher than last year. The General All 2 Council Workshop Minutes of August 25,2015 Purpose Mills went down to 154.59, compared with 164.40 last year. With this increase, the city will see $47,000 additional dollars. The entitlement share came in at 2.7 increase. Between the two, the city will receive$70,476 more dollars this year from taxes. Page 10 in the budget book shows the tax levy schedule for the City of Laurel. The General All Purpose Mills are 154.59, the Permissive Levy is for the health insurance, and there is a separate mill levy for the Airport Board. The emergency mill will be levied as there is still a$125,000 deficit there. Shirley mentioned that Tom found that a page was missing in the 4000 Fund under the cemetery in the budget book. The cemetery has $9,000 budgeted for capital improvements. The page will be inserted into the budget books. Total mills this year is 188.35, compared to 208.23 last year. The mills went down because the mill value went up. Yellowstone County has received over 900 protests. When the County receives protests, they collect the taxes but do not disperse them until the protest has been resolved, which could cause cash flow problems through the taxes. Shirley encouraged the council to read the Budget Message starting on page 21. The budget includes $15 million for the intake, $5 million in the Water Fund for the sed basins, and some extra money to complete the sewer rehab project. Some capital projects have not been finished this year. The project on 8th Street and Pennsylvania Avenue has not been finished so the money has been rolled over. A roll-off truck was not purchased last year, so the funds were rolled over into the Solid Waste Fund. There was a brief discussion regarding the 900 protests received by the County, the impact on the City of Laurel, and the expected personal tax increase. A public hearing on the Preliminary Budget and the tax resolutions will be held next Tuesday, September 1St Shirley reviewed the tax resolutions. The Light Districts are assessing the same amounts as last year. Light District No. 3 is $26,351.79. The city planned to add Foundation to the lighting district, but NorthWestern Energy is not ready yet, so they will be added next year. Light District No. 2 is $47,591.26. The Street Sweeping District is in the Street Department now because it does not make enough revenue in assessments to cover it. It will collect $17,897.11 this year. Street Maintenance District stayed the same as last year. This year, the expenditures will be $1,433,935 to finish the project on Pennsylvania Avenue and Eighth Street. There is money in the reserves to pay for this small cap project. There was a question regarding Street Sweeping District No. 1 and Street Maintenance District No. 1. Shirley explained that they are separate districts. 3 Council Workshop Minutes of August 25,2015 Shirley spoke regarding the assessments for the Special Improvement Districts. SID No. 111 for East Main is $4854.75; SID No. 112 for West Main is $729.72; SID No. 113 for SE 4th Street is $21,233.48; Sid No. 114 for Elena Subdivision is $6,436.84; SID No. 115 for Fifth Avenue is $6436.48; SID No. 116 for Cottonwood Avenue is $7,119.43; and SID No. 117 for Pennsylvania Avenue and Eighth Street is $15,142.81. This is the first year assessment for SID No. 117. Shirley reviewed the resolutions for delinquent water, sewer and garbage charges. The assessments are put on the property owner's taxes. • Resolution—Assessments for the City of Laurel's Sidewalk Replacement Program Shirley explained that the assessments for the Sidewalk Replacement Program are for people that chose to have their sidewalks replaced and the assessment put on their taxes. There will be a 5 percent interest fee and the term is for five years. • Resolution— Final Levy of Elena Park Maintenance District Assessment (PH on September 1, 2015) Heidi stated that the resolution is for the final levy of the Elena Park Maintenance District assessment. The city will levy $5,000 this year and use the remaining $1,000 from last year to plant trees out there. Shirley stated that 94 letters were sent to the property owners in Elena Subdivision and one protest has been received. • Resolution— Septic dumping fees Heidi explained that the fees are for the septic dump station that was added to the sewer plant improvement project. Staff wanted to be competitive with the City of Billings, and the Public Works Committee and the Public Works Director discussed this and determined a $40 mandatory minimum charge for 1,000 gallons and $.04/gallon for additional gallons. A cleanup fee of$40 is also included for any spillage or release of materials that creates a mess at the dumping station. The fees would be added to the Schedule of Fees and Charges. Bruce suggested that $40 seemed low, considering the material that would need to be cleaned up. Heidi stated that the Public Works Director felt this was a fair amount, as most of the people are not going to spill. It would be caught quickly and they would have to clean up their mess and the city would charge the fee. • Resolution—Accept quote for concrete work on SE 4th Street • Resolution—Accept quote for striping work on SE 4th Street Heidi asked Mayor Mace to remove the two items from the agenda. The city went out to bid for the project on SE Fourth and received zero bids back, which completed the requirements for the advertisement and bidding process with the State and city policies. The city requested quotes from companies. No one is able to do any concrete work this fall, so the city will have to push this project to next spring and receive quotes in December or January. The striping cannot be done until the concrete work is completed, so both projects will be done next spring. • Resolution — Contract with Thompson Painter Law for eminent domain work for pipeline easements on the Yellowstone River 4 Council Workshop Minutes of August 25,2015 Heidi explained that the eminent domain process is outside the scope of work that the city has with Thompson Painter Law. This special agreement is needed for the attorney to complete the work. Any work and the billable hours would be reimbursable through FEMA and the 25 percent from the State. This contract would get the eminent domain process moving. The city has not been successful with the two property owners from which easements are needed. Eminent domain is everyone's last resource and option, but the city is being pushed in that direction. • Council Issues: o Update on 2011 Yellowstone River flooding event Heidi stated that the city is being forced into an eminent domain situation with the two property owners down there. Eminent domain is a six-month process from the time that the final offer has been rejected to having some sort of an agreement from the arbitrator. The city does not have the Army Corps permit, as they are now asking the city to seek a national permit. Shannon Johnson, who was the local Army Corps contact, moved and a new gentleman, Robert Cole, is here. Heidi has contacted Robert to figure out why he thinks a Federal permitting process is needed. She also reached out to Mr. Cole's supervisor, Todd Tillinger, in Helena. The plans are ready to go and FEMA is waiting on the city now. As soon as the easements and the Corps permits have been obtained, the project is ready to go. Doug asked regarding financing. Heidi explained that the city submitted an application for a $269,000 grant from the Coal Board. She has not heard from the State regarding financing for a few weeks. Tom asked if there was a time limit for the process for the water intake. Heidi stated there has been no indication that way. The project has not stalled, and as long as it is moving forward, FEMA is ok with it. o Lease Agreements Heidi stated that Mollie Conrad has been designated as the person the Chamber designated to negotiate the lease. Other items • Resolution— Accept settlement of the pending litigation between the City of Laurel and Bette and Randy Strever Heidi spoke regarding a resolution to accept a settlement between the City of Laurel and the Strevers for an ambulance accident. The attorney, Michelle Braukmann, attended to explain. Michelle Braukmann has handled municipal liability defense through the MMIA, the self-funded entity that insures the City of Laurel, for about 17 years. This particular case relates to a motor vehicle accident that occurred on the frontage road at the corner of Frontage and Seitz Ronan. It came into her office in May or June last year and she has been defending it since then. Ms. Braukmann gave a brief presentation regarding the accident, the discovery and deposition processes, the medical bills and HIPAA issues, the mediation process, and the resolution presented to the council to accept the settlement. 5 Council Workshop Minutes of August 25,2015 There was a brief discussion regarding the possible effects on the city's insurance premiums, loss ratio issues, and that the settlement would be funded by the MMIA. The resolution will be on the September 1s`council agenda. Chuck mentioned that the Park Board held a special meeting on Thursday, August 20th, to discuss improvements at Riverside Park. He asked the council to read the Park Board minutes. As a result of the discussion, Kurt and Matt were asked to contact a company in Billings to remove some leftover metal from the park. The Planning Director was asked to look at the process for making improvements and if they could be approved in the CLOMR, Conditional Letter of Map Revision. Possible improvements include chain link fence, playground equipment, permeable path material for a trail, etc. Review of draft council agenda for September 1, 2015 • Public Hearing: 2015-2016 Preliminary Budget and Tax Resolutions • Public Hearing: Final levy of assessment for Elena Park Maintenance District Emelie stated that a date for September's Public Works Committee meeting will be determined by next week. Attendance at the September 1, 2015 council meeting Mayor Mace asked if anyone planned to be gone. Bruce McGee will be returning from a trip and does not know if he will be back in time. Tom Nelson will be out of town. Mayor Mace spoke regarding attendance at council meetings, the need to notify someone of an absence, the importance of having a quorum for meetings, and the issues of cancelling meetings for lack of a quorum. He said, "If you are going to be gone and if you are only half dead, get down here". Announcements Doug was away last week on an anniversary trip with his wife. Bruce apologized for being gone last week and not noticing the council about that. He suggested that rules need to change and the council needs to give two weeks' notice if they are going to die. The council workshop adjourned at 7:27 p.m. Respectfully submitted, Cindy Allen Council Secretary NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the listed workshop agenda items. 6 C A ii(I(5jt�� LAUREL CITY-COUNTY PLANNING DEPARTMENT STAFF REPORT TO: Laurel City Council FROM: Monica Plecker,Contract Planner RE: Variance for 202 SE 4th Street DATE: August 24, 2015 Steve Zabawa of Rimrock LLC has submitted an application for a variance of LMC. 15.40 Sign Code. Specifically,the application is requesting the property located at 202 SE 4th Street be allowed to remove and replace a 2"d freestanding pole sign. Furthermore,the signage plan proposes the new sign be an animated sign which is prohibited by LMC 15.40.050. Update: The applicant has requested reconsideration due to what the applicant states was incorrect because they failed to provide a full explanation of the current technology for the proposed sign.The applicant has provided information which supports the sign,while having the capability of being animated,will not be used in such a manner.Therefore the reconsideration will be for a variance allowing a second free-standing pole sign. 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Lrvi�_ ..,`.,ii5�..�.0°�,..€ saiiiitinciisn gnitnateo sighact at itiffit. titaiies ro0..1V' :.f3te ., itts ihrteraiiirt ) gh rag.to depict effectactions ch.- create a spice:gin <, s _ vleie ' ,p e' a states t r t*° .a _ a.,`a,.& :a .S L: t--� :diddt :£ t.,.. x ,.n' p._. rri E _.. .q.k cY€1a ..r.''Y g r; i". ;earo"'" `.r be held lea„ tile City Counce 0 ri PV::1art ,._ ,4€:'• hearing ,.,as noticed -heath in the useirei tatinciciek and. property owners within 00 iritti,re ra Oil fled li,Cit. ii:•..,., ri311 NEW - 9. In coordination with staff and legal counsel the applicant's agent submitted a letter dated August 18, 2015 requesting the Council reconsider the variance request related to the proposed sign and Rimrock Chevrolet. a. The application states the "Rimrock Chevrolet property currently has two signs as shown on Exhibit 1. Rimrock is proposing to remove the Chevrolet Truck sign located on the front of the property on SE 4th Street shown in the foreground of Exhibit 1 and replace it with an electronic message center at the back of the property in the southeast corner along the Interstate as shown on Exhibit 2." b. The applicant's letter provides a response to animated signs vs. computer controlled variable message signs. City staff is in agreement the proposed sign, if used in a way that does not meet the definition of animated sign, meets the definition of computer controlled variable message sign. i. Animated signs are defined by LMC 15.40.040 as "any sign that uses movement or change or lighting to depict action or create a special effect or scene." ii. A computer controlled variable message electronic sign is a changeable copy"sign whose informational content can be changed or altered by means of computer-driven electronic impluses." iii. Changeable copy sign "means a sign whose informational content can be changed or altered by manual or electric, electromechanical or electronic means. 10. In regards to removing, replacing and relocating a second freestanding sign on the property the applicant has provided responses to the seven criteria as identified in LMC 17.20.020. Please see applicant materials for responses. 2 The City Council should consider whether or not the criteria for granting a variance has been met. The applicant has provided a written statement addressing each item. All seven criteria shall be met prior to granting a variance. The applicant's response is attached to this staff report. 1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property; 2. Unless the grant relates to a condition or situation special and peculiar to the applicant; 3. Unless the basis is something more than mere financial loss to the owner; 4. Unless the hardship was created by someone other than the owner; 5. Unless the variance would be within the spirit, intent,purpose, and general plan of this title; 6. Unless the variance would not affect adversely or injure or result in injustice to others; and 7. Ordinarily unless the applicant owned the property prior to the enactment of this title or amendment. Upon staff review of the applicant's response to the seven criteria, it appears only criteria 1, 2 and six are met. However, in consideration of other information submitted by the applicant if the City Council were to recommend approval staff would recommend the following conditions of approval: STAFF SUGGESTED CONDITIONS OF APPROVAL 1. Prior to the construction of a new sign,the applicant shall apply and pay for a sign permit. 2. The Used Car sign shall be removed prior to any construction of the sign proposed in this application. 3. Any future alteration of the sign shall be applied for and permitted by the City. 4. Before the construction of any sign,the applicant shall contact MDT and apply for any necessary permits that may be required as the structure is located within 600' of a controlled roadway. Proof of MDT approval shall be submitted prior to any permit issued by the City of Laurel. If MDT determines no permit is necessary,the applicant shall provide that information in writing. 5. The new digital sign shall only display still framed images and text. No video or motion shall be displayed. Still displays shall not change less than every 60 seconds. 6. The variance shall only apply to the sign and location identified in the application. Any alteration will be considered a zoning violation. 3 7. Per LMC 17.26.052.1 the sign shall contain on premise advertising messages only. On premise is defined by Laurel Municipal Code as a "sign that advertises solely for the business on the specific tract of record for which it is located." 8. All non-conforming and prohibited signs shall be removed prior to the construction of the new proposed digital sign. These signs include the temporary sign located along SE 4th Street and the wind-driven flags. (For definition of wind-driven flag please see LMC 15.40.040 for definition and LMC 15.40.050.6. for signs prohibited) 9. All conditions must be met prior to the City issuing a building permit for the proposed sign. 1. August 25th City Council Workshop a. Staff and the applicant will be present to present the request. No decision can be made at the workshop. City Council should consider whether the new information warrants reconsideration of the previously denied request. The Council can entertain questions and comments however it should be emphasized this is not the time and place for a public hearing. Testimony should be saved for a public hearing which could be held on September 1st if the Council votes favorably to reconsider the variance request. 2. September 1st City Council Meeting a. City Council shall determine by vote whether they will reconsider the variance request submitted by Rimrock Chevrolet. i. If yes,the Council will hold a public hearing (This potential hearing was noticed to property owners within 300' and in the Laurel Outlook not less than 15 days prior to the hearing date.) ii. If no, no public hearing will be held and Council will not reconsider the request. Attachments: 1. Letter on behalf of applicant dated August 18, 2016 with exhibits 2. Public Notice of reconsideration and possible public hearing 3. Previous staff report, original application and minutes 4 LAW OFFICES CALTON 1 a 7 & WOLFF P.C. Central Plaza 2075 Central Avenue, Suite 4 Billings, MT 59102-4956 Rodd A. Hamman Retired Robin A. Wolff (406) 656-0900 Calvin A. Calton Alex W. Hamman FAX(406) 656-8307 Frances M. Calton e-mail: roddhamman@chwlawfirm.com robinwolff@chwlawfirm.com alexhamman@chwlawfirm.com August 18, 2015 Honorable Mayor& City Council Members Monica Plecker Planning Director City of Laurel Re: Rimrock Chevrolet's Request to Reconsider Variance for a New Sign Dear Sirs and Madam: Enclosed please find: 1. Picture of existing signs at Rimrock Chevrolet; 2. Picture showing location of proposed new sign; 3. Wikipedia Article explaining Digital Sign technology; and 4. Daktronics Information on Digital Signs. We represent Rimrock Chevrolet and have been in contact with the City Attorney, Mr. Painter, about Rimrock's request for a variance to install at new sign at Rimrock Chevrolet in Laurel. It is our understanding that the City previously denied Rimrock's request. After discussing the situation with Mr. Painter, he indicated that the City had not been given sufficient information to properly consider the request so it had been denied. He suggested we submit an application to reconsider and provide additional information. We are doing so by this letter. The Rimrock Chevrolet property currently has two signs as shown on Exhibit 1. Rimrock is proposing to remove the Chevrolet Truck sign located on the front of the property on SE 4th Street shown in the foreground of Exhibit 1 and replace it with an electronic message center at the back of the property in the southeast corner along the Interstate as shown on Exhibit 2. City of Laurel August 18, 2015 Page 2 of 6 After discussing the situation with Mr. Painter and reviewing the City Code, it is my understanding there are two issues with Rimrock's proposed sign. A. The sign is a computer controlled variable message electronic sign. It is my understanding that the proposed sign was rejected as being an "animated sign". We believe that decision was incorrect because we failed to provide a full explanation of the current technology for this sign. The sign proposed by Rimrock is an outdoor digital sign. It is not an animated sign operating by flashing lights. It is a LED digital display with a computer controlled message content. It is essentially a computer monitor and can display any content that the computer instructs it to display. The computer can be programmed for the LED screen to display scrolling text, static images or full video. See Wikipedia Article , Exhibit 3. We have attached information from Daktronics with information on the impact of digital signs. It also has pictures of digital signs currently used by other auto dealers which would be similar to Rimrock's proposed sign. See Exhibit 4. So we believe the sign falls within the definition of a computer controlled variable message electronic sign which is an allowed sign under Sections 15.40.040 and 15.40.120 of the City Code. We believe the confusion on this point arises from the fact the City Sign Code was enacted in 1997. At that time, an electronic sign consisted of a board with multiple, individual flashing lights. So the 1997 City Code made a distinction between animated signs and changeable copy signs. An animated sign was defined as: "Any sign that uses movement or change or lighting to depict action or create a special effect or scene". See City Code Section 15.40.040. The problem was using individual light bulbs to display movement resulted in a very bright and disruptive display which could distract drivers on the adjacent road. So animated signs were banned completely. See City Code Section 15.40.050. The individual light bulbs could also be used to display scrolling messages. Using individual light bulbs to display messages, even if the messages moved was not seen to have the same disruptive impact as using light bulbs for animation. So the City Code specifically allowed changeable copy signs. See City Code Section 15.40.120. City of Laurel August 18, 2015 Page 3 of 6 The Code lists several different types of changeable copy signs. One type of changeable copy sign was a "computer controlled variable message electronic sign". The Code defined that sign as: "Signs whose informational content can be changed or altered by means of computer-driven electronic impulses". See City Code Section 15.40.040. So a computer controlled variable message electronic sign is specially allowed under City Code Section 15.40.120 as a type of changeable copy sign. The City Code allows computer controlled variable message electronic signs. But nothing in the Code puts any limitation on the content of the message that may be programmed into the computer. With current technology, a computer controlled variable message electronic sign is now capable of displaying any content that can be run on a computer. But those signs are not animated signs using flashing light bulbs to simulate motion. It is a computer controlled variable message electronic sign whose content can be changed by computer-driven electronic impulses. Therefore, nothing in the 1997 Sign Code bars Rimrock's proposed digital sign. We however understand and appreciate the safety considerations underlying the intent of the 1997 Code in attempting to distinguish between an animated sign and a computer controlled variable message electronic sign. The concern was flashing lights simulating animation could be a dangerous distraction to drivers. But text or images, even if scrolling, were not deemed dangerous and were allowed. In 1997, full video was not an option, so as far as we can see, the 1997 Code did not specifically address video. In any any case, in order to meet safety concern underlying the 1997 code, Rimrock could agree not to use that sign to display video. We believe that would address any concern about animation in the 1997 Sign Code. Since a computer controlled variable message sign is an approved changeable copy sign under Section 15.40.120 of the City Code, we would request that that sign be approved with the condition Rimrock agrees not to run video on the sign. B. Because Rimrock would be replacing a legal non-forming sign, Rimrock must seek a variance. There are currently two signs on the property, both fronting on SE 4th Street. Rimrock is proposing to remove and replace one of those signs with a new sign on the back southeast corner of the property. The sign to be removed and the new sign location are marked on Exhibit 2. The City Code allows only one sign per property. It is our understanding the existing second sign is allowed as legal non-conforming sign. But since Rimrock proposes to remove and replace that sign, Rimrock needs a variance. City of Laurel August 18, 2015 Page 4 of 6 We assume the reason for the limit of one sign per property is to prevent multiple unsightly signs from cluttering the City's business district. We agree that is a legitimate concern. One need look no further than Grand Avenue in Billings to appreciate the problem. Rimrock is also sensitive about the appearance of its dealerships and has built three new dealership buildings in Billings. In 2014, Rimrock purchased Fichtner Chevrolet and is in the process of making improvements to that property as well. In addition to removing and replacing an old sign, Rimrock is purchasing the adjacent Burger King property and intends to remove the abandoned Burger King building and sign pole. These changes should substantially improve the appearance of the property. Since Rimrock needs a variance to proceed with the removal of the old sign and replacement with a new sign, we request that the City treat this letter as a formal application for that variance. It is our understanding that an application for a variance must address the seven factors listed at City Code Section 17.60.020. We will do so as follows: 1. Denial would constitute an unnecessary and unjust invasion of property rights. We believe the restriction of one sign per property regardless of the size of the property or the location and appearance of the sign is overly restrictive and unreasonably interferes with a property owner's legitimate us of his property. Every business needs signs,but sign clutter is bad for business and for the City. So we must strike a balance between a business owner's right to legitimate signage and the need to prevent unsightly sign clutter. We suggest a one sign limitation per property regardless of property size or sign locations does not strike that balance. Exhibit 1 shows the two signs that now exist on the property. Those two signs are technically a violation of the Sign Code. But the picture does not show sign clutter. Given the size of the property and the spacing between those signs, those signs are not excessive and do not constitute sign clutter. While we do not believe the existing signs as located pose any problem, Rimrock's proposal would be an improvement. Rimrock would reduce the signage on SE 4th Street and put anew sign on the back of the property along the Interstate. The location of the existing sign to be removed and the new sign location are shown on Exhibit 2. The sign would be nowhere near the first sign. So Rimrock's proposal reduces the appearance of multiple signs on the City's street as well as enhances Rimrock's use of its property. 2. The grant relates to a situation peculiar to Rimrock. City of Laurel August 18, 2015 Page 5 of 6 A business would not typically put a sign on that back side of their business. But the back side of Rimrock's property fronts on the Interstate. So Rimrock is in the unusual position where a sign on the back of its property would increase its exposure and removal of the sign on the front of the business would reduce signage on the City's street. So the proposed change would be an improvement for both Rimrock and the City. 3. The basis is more than a mere financial loss to the owner. The proposal is not based on any financial loss by Rimrock. On the contrary, Rimrock is spending a lot of money to make improvements to its business location. These improvements will benefit the City as well as Rimrock and will improve the appearance of the property. 4. The hardship was created by someone other than the owner. We believe the underlying problem is a limitation of one sign per property without regard to size of the property or sign placement. We suggest that limitation is not a good solution to the problem of sign clutter because it unreasonably bars an owner from making good use of his property. Because of the ample street frontage, the two existing signs are widely separated and do not pose an appearance problem as now installed. However, Rimrock's proposal would eliminate two signs on one street and create even more space between signs. So the restriction imposes a hardship on Rimrock without reducing signage on the City's street. 5. The variance would be within the spirit, intent, purpose and general plan of the code. Granting the proposed variance would be consistent with the purpose of the limitations on signs. As noted above,there are already two signs on SE 4th Street. Rimrock's proposal would eliminate one of those signs and replace it with a sign on the back side of the property. So the effect of the variance would be to increase sign spacing and will eliminate multiple signage on one City Street. That is consistent with the underlying purpose of the side code. 6. The variance would not affect adversely, injure or result in injustice to others. The variance would have no effect on other property owners. To the extent it affected the City or any neighboring properties, the change would be positive. Where there now are two signs on the City street, after the variance Rimrock would have one sign on the street and another sign in a completely different location. City of Laurel August 18, 2015 Page 6 of 6 7. Applicant's ownership of the property prior to enactment of the code. Rimrock did not own the propel Ly prior to the enactment of the sign code. However, the two signs on the property were installed by the old owner prior to enactment of the code. Because there is ample spacing between the existing signs, we do not believe there was any existing problem. But Rimrock's proposed variance would create even more spacing, and more importantly, move the second sign off the City street entirely. So it improves the situation that existed prior to enactment of the code. For those reasons, we believe the City should grant Rimrock Chevrolet the variance needed to remove and replace the existing sign on SE 4th with the digital sign at the new location. Cordially, CALTON HAMMAN &WOLFF, P.C. By: 4 / Rodd A. Hamman, Attorney Cc: Rimrock Chevrolet , — trunathrat Matstreetv,, ........_,.,.. _. ,......, .,-.. .,..- , .... , I , .,..,,,... . ...., .. ....... ,...,.... .,,, ... i44 ... -.? lit MUCP3 _ ticsTNER . I. 7- .----7-7 , ....:.,................,.. ,.'..,,..,i...,..-:-..v..z,e..:.,o..•',p-: ,1 . , .4.- .g- r-. t4 ,i '.-,r.'-',.,'.'.i•'''---'.4_': . .... - L. _ . „ , _ ,• -z_' _ _ , l-r': ::i ' ' -.i f . . ,.- 6 -- . .:1111111":.:s * --sh .—... ..— . . liF— ,.. • . tilifti-C,, -,•:,-- ,..., , ___ °II.1111P11Pr. ....:., ,,,.. A---,„v%"‘,..,- •-•••'. , •., ' —4 .„ __....."-- _ ,,,,,,-,.•••,..,f,„.'..,.4—v• ',..z... . , •• , .-, - , , It , . •• , - . . f -..-.--- - ' ,,,...'vt.,„„. .......,. 4 .., . .., . -..• , . : - • ., -.. ....„ -,. .. ,......, .,. Goole ears .... ..,. ,.. 2015 Gocgle EXHIBIT 5 1 fit ' ' • _. - - - - i MN/ do ait I":, - 0' ,.` M, VLSI ! lam. 7. ,..''- .fie ... , < ... . �0 4th StA . Illa IDA sr . �* '< .., li.Ai 1 10 • 1P, �!. s>*: ' PAA n ..,,. _ip.,„,„ . 0......00.....',,,,.-.„, .4_,ii. . . ... li/ I, t It SIGN I OCATION is,. x „_ £ w. to.meq '; t.: r'Y r EXHIBIT 2 Digital signage- Wikipedia,the tree encyclopedia https://en.wikipedla.org/wikvlligital_signage • Digital signage From Wikipedia,the free encyclopedia Not to be confused with Digital signature. Digital signs are a sub segment of signage. Digital signs are used in wayfinding, placemaking, exhibitions,public installations, marketing and outdoor advertising. Digital signs use technologies such as LCD, LED and Projection to display content such as digital i•‘ images, video, streaming media, and information ick omutlittNit IF - and can be found in public spaces, transportation systems, museums, stadiums,retail stores,hotels, , Digital sign video clip, Dearborn,MI restaurants, and corporate buildings etc. Digital signage displays use content management systems and Q Wim. digital media distribution systems which can either be run from personal computers and servers or regional/national media I. hosting providers. • Since digital signage content may be frequently and easily updated, and also because of the interactive abilities available through the accompanying employment of real-world interfaces such as embedded touch screens, movement detection and image capture devices which enable these forms of signage to Digital signage as flight information understand who and how users are interacting with them, they display system at the Taiwan Taoyuan are gaining acceptance as an alternative to static signage. International Airport One specific use of digital signage is for out-of-home advertising in which video content, advertisements, and/or messages are displayed on digital signs with the goal of delivering targeted messages, to specific locations and/or consumers, at specific times. This is often called "digital out of home" (DOOH)H.lil The Digital Signage Federation, the Digital Screenmedia Association, the Digital Place-based Advertising Association and OVAB Europe are some of the non-profit industry trade groups representing firms and professionals in the digital signage market. Contents • 1 Digital Contents • 2 Content management System • 3 Technology EXHIBIT • 3.1 Modular display construction • 3.2 2D and 3D displays I of 8 8/12/2015 3:09 PM Digital signage- Wikipedia,the free encyclopedia https://en.wikipedia.org/wiki/Digital_signage • 3.3 Content Management System(CMS) • 3.4 Network infrastructure • 3.5 Interactive Digital Signage • 4 Markets and Applications = • 5 Standards • 6 Issues and progress • 7 See also • 8 References e "` • 9 External links Digital Contents Digital contents displayed on the signage are presented in one of the following formats: Digital sign running the Firefox web Text- Scrolling text. Either scrolling text, or text dynamically browser(identifiable by its updated via extern newsfeed source. connection failure message) Images - Scrolling images, usually in the format of digital advertisement posters Video -Usually in the format of commercial TV advertisements. Interactive interfaces - Combining with Touch Screen and Kinect Sensors, it allows two ways communications with the users. It help to engage users and also helps advertisers to gain insight in customer behaviours. Content Creation- Traditionally content designs are typically done through specialist firms. However they are often deemed as expensive and have uncertain ROI.[�1 Nowadays, digital content can be created easily via Content Management System. Its control panel has built-in tools which allow advertisers to combine audio, video, image and interactivity easily by themselves. Content management System In many digital sign applications, content must be regularly updated to ensure that the correct messages are being displayed. This can either be done manually as and when needed, through a scheduling system,using a data feed from a content provider(e.g. Canadian Press, Data Call Technologies, Bloomberg LP, Thomson Reuters, AHN, Screenfeed), or an in-house data source. Technology Digital signs rely on a variety of hardware to deliver the content. The components of a typical digital sign installation include one or more display screens, one or more media players, and a content management server. Sometimes two or more of these components are present in a single device but typically there is a display screen, a media player, and a content management server that is connected to 2 of 8 8/12/2015 3:09 PM Digital signage- Wiktpedia,the tree encyclopedia https://en.wikipedia.org/wiki/Digital_signage • the media player over a network. One content management --- --_ - --- -- server may support multiple media players and one media player may support multiple screens. Stand-alone digital sign devices combine all three functions in one device and no network connection is needed. Digital signage media players run on a variety of operating systems including Windows, Linux,Android and IOS. Modular display construction Digital signage in the Warner Village LED matrix displays often use modular display components, to Cinemas in Taipei allow for varying sizes and shapes of displays, and to make assembly and construction easier. A modular display consists of two parts: , • display matrix modules (8x8 pixels, 16x16 pixels, 8x16 „ pixels, etc.) tl% • display matrix controller For example, a variable-size display may use modules 16 LEDs f wide and 16 LEDs tall. To construct a display 64 pixels wide and 32 pixels tall, the display is built using a construct four modules wide and two modules tall. To correctly align the individual Digital signage in a pharmacy store modules, either a support frame is used or the modules are joined together along the edges. 2D and 3D displays Digital sign displays may be LCD or plasma screens, LED boards, projection screens or other emerging display types like interactive surfaces or organic LED screens (OLEDs).New technologies for digital sign are currently being developed, such as three-dimensional (3D) screens,with or without 3D glasses (see Anaglyph image and Autostereoscopy), 'holographic displays',[31 water screens and fog screens.l41 The first 3D flat screens that do not need glasses (autostereoscopy) were introduced in 2010 by Sharp, and in 2011 by Toshiba. Some queue management systems use the split screen technology to combine queue management with digital signage. The required calling information attracts the attention and the adjoining video message benefits simultaneously. The resulting synergy is an inherent part of customer experience management (CEM) strategies. Rapidly dropping prices for large plasma and LCD screens have led to a growing increase in the number of digital sign installations.[5] Another price-related benefit that is allowing a larger group of businesses to install digital signs is the increasing availability of newer LCD and plasma display brands in the market. Many users have opted to forgo more expensive brand-name displays in favor of more affordable displays from less well-known companies. Content Management System (CMS) 3 of 8 8/12/2015 3:09 PM Digital signage-Wikipedia,the free encyclopedia https://en.wikipedia.org/wiki/Digital_signage • Digital audiovisual (av) content is reproduced on TVs and monitor displays of a digital sign network from at least one media player(usually a small computer unit, but DVD players and other types of media sources may also be used). Various hardware and software options exist,providing a range of different ways to schedule and playback content. These range from simple, non-networked portable media players that can output basic JPG slide shows or loops of MPEG-2 video to complex networks consisting of multiple players and servers that offer control over enterprise-wide or campus-wide displays at many venues from a single location. The former are ideal for small groups of displays that can be updated via USB flash drive, SD card or CD-ROM. Another option is the use of D.A.N. (Digital Advertising Network)players that connect directly to the monitor and to the internet,to a WAN (Wide Area Network), or to a LAN(Local Area Network). This allows the end user the ability to manage multiple D.A.N. players from any location. The end user can create new advertising or edit existing advertisements and then upload changes to the D.A.N. via the internet or other networking options. Developments in web services have meant the APIs for some digital sign software now allow for customized content management interfaces through which end-users can manage their content from one location, in a way which suits their requirements. More advanced digital sign software allows content to be automatically created by the media players (computers)and servers on a minute-by-minute basis, combining real-time data, from news, to weather and prices,transport schedules, etc., with av content to produce the most up-to-date content.l61 Network infrastructure Whenever the display, media player and content server are located apart there is a need for audio-video wiring between the display and the media player and between the media player and the content server. The connection from media player to display is normally a VGA, DVI, HDMI or Component video connection. Sometimes this signal is distributed over Cat 5 cables using transmitter and receiver baluns allowing for greater distances between display and player and simplified wiring. The connection from media player to content server is usually a wired Ethernet connection although some installations use wireless Wifi networking. Interactive Digital Signage Interactive Digital Signage allows end users to interact the displayed digital content via Touch Screens, Body Sensor or QR code via smartphones. Digital sign can interact with mobile phones. Using SMS messaging and Bluetooth, some networks are increasing the interactivity of the audience. SMS systems can be used to post messages on the displays, while Bluetooth allows users to interact directly with what they see on screen. In addition to mobile interactivity, networks are also using technology that integrates social and location-based media interactivity. This technology enables end users to upload photos and messages to Twitter and Facebook as well as text messages to the displays. Lately, mainly due to the fact that Smartphones are widely spread, we can witness adoption of new technology known as SSI (Screen—smart device interaction), that allows smartphone holder to interact directly with digital signage screen: participate in a poll,play a game, or shared social network content. 4 of 8 8/12/2015 3:09 PM CREATING VISUAL IMPACT WITH QED DISPLAYS PROPOSAL FOR THE CITY OF LAUREL EXHIBIT 33 Welcome to °flyers Home of The oorgla International Horse Park DISPLAY COMMUNITY INFORMATION f♦ilt �►,• _. k Digital sign technology is a relatively new development, and many cities ,lr are in the process of creating codes that govern digital displays. As city officials choose to regulate this valuable technology, understanding how their community can benefit from digital displays is very important. How do digital displays contribute to the well-being of the community? ' ; t • They increase the city's tax base as businesses make more money by using a display. • Property values increase. ` • They act as town bulletin boards by supporting local LANCASTERteams, charities and events. MARKETPLA . [.. Other important ways that LED technology affects a community's well-being: • AMBER—Alerts • Information about criminals at large • Severe weather warnings Digital signs contribute to communities by helping retailers, especially smaller retailers, make more money, and by displaying important local information. Many cities themselves across the nation are installing digital displays to welcome visitors, promote local businesses and to act as the community message board. Please contact Daktronics' Signage Legislation Department at signagelegislation@daktronics.com if you would like more information about responsible regulation of digital signs. "The Daktronics display is the perfect form of communication for our community,especially for our traveling rural members...our display is used as the central source of community information and gets so much attention." Vicki Alleman, Vice President, Union Bank, Hessmer, Louisiana From Top Left: City of Conyers,Conyers,Georgia 20 mm RGB Galaxy 3700 series City of Lawrenceburg,Lawrenceburg,Indiana 34 mm RGB Galaxy3400 series Lancaster Marketplace,Lancaster,California 34 mm RGB Galaxy.3700 series • ► . . ► ► • i Y i j tom. ,, 4 j • ra R � � Q 917 803-699- 8 „ :,: � _ - �; ., 1, •�Y ; . „,„,,,,,,,,r SLE JEEP .DODG , t !may. �° •pi •46 ,0 . if * , -. a �, —hW?, . 11 700 �� n as ..14 .' � CREW mwk----No----- 4, 4, US AUTO SALES, 20 MM - DIESEL 111 - �rwrwr1 4, ---- I X33,981 , , ----- _. NEWPORT 1 MOTORS r# . I I 1. ., NW. - 1. 141 0 ,t "" $.2- .9, , ► $ v«mu v 'kr. - V!i Illi*ARARA 4 _ _Ili 'M1 i ' I3 . '.er ' p,• r , •_ � NEWPORT MOTORS, 16 MM BILL LUKE JEEP&DODGE,20 MM ANCIRA ,nom ""'- - WINTON 0 - BIG . Pring Open Sunday,Apr 14 FINISH ar Show .--- -- . Sam-4pm 0% APR FOR UP TO 72 MONTHS . 'o " UI, Ell ASTORG AUTO, 16 MM ANCIRA WINTON, 16 MM GALAXYPROINFO $ http://www.daktronics.com/en-us/products/video-displays/galaxypro NOTICE OF PUBLIC HEARING LAUREL CITY COUNCIL Notice is hereby given that Rimrock Chevrolet has requested the Laurel City Council reconsider a variance request which was denied at a regular council meeting held on May 5,2015.The City Council will take action to determine whether the request will be reconsidered at regularly scheduled meeting on September 1,2015. If the City Council chooses to reconsider,a public hearing will be held at that same meeting, immediately following the decision to reconsider.The public hearing will take place in the Laurel Council Chambers, 115 W. First Street, Laurel, MT on September 1 at 6:30 pm.The application for variance cites Laurel Municipal Code 15.40 Sign Code.The application requests to remove and relocate a 2nd freestanding illuminated changeable copy pole sign. The property is legally described as HAGEMAN SUBD 3RD FILING,516,T02 S, R24 E, BLOCK 11A, Lot 1A1,AMD(12). A copy of the variance application and proposed sign is on file and available for public inspection in the Laurel City-County Planning Office, 115 W. First St. in Laurel. The City Council will consider all comments,written or spoken,at the hearings.Written comments should be submitted to the Laurel Clerk/Treasurer 115 W. First St., Laurel, MT 59044. Further information can be obtained by contacting Planner Monica Plecker at(406) 896-6286. Publish August 13th and August 20th, 2015. • 115 W. First Street•Laurel,MT 59044 Phone: (406)628-4796•Fax: (406)628-2241