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HomeMy WebLinkAbout2011-04-20 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # ZZ DATE 4120/11 PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Consider amending the Sign Ordinance regulations related to campaign signs to bring it into compliance with state statutes. 2. Consider authorizing the publication of this sign ordinance amendment by title and summary. STAFF RECOMMENDATION 1. Adopt the sign ordinance amendment. 2. Adopt the resolution authorizing publication of the ordinance amendment by title and summary. ADVISORY COMMISSION ACTION DATE ® PLANNING 3/28/11 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY • • eT2ft 4 Cea-plowlITA1:1 rrr+�l ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from John McCool dated 4/13/11 Z RESOLUTION: Draft ® ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpts from 1/24/11, 2/28/11, and 3/28/11 Planning Commission Minutes ADMINISTRATORS COMMENTS City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE J MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: April 13, 2011 RE: Proposed Sign Ordinance Amendment — Noncommercial Signs Proposal Current City sign ordinance requirements related to campaign signs do not conform to Minnesota Statutes. The Planning Commission is recommending amendments to the Sign Or- dinance to bring it into conformance with state statutes. Attached is a copy of the proposed ordinance amendment. Planning Commission Review The Planning Commission discussed state and local campaign sign regulations at their January and February 2011 regular meetings. A public hearing to amend the Sign Ordinance was held at their meeting on March 28, 2011 and no written or oral testimony was received. The Commis- sion unanimously (8 -to -0 vote) recommended approval of the proposed sign ordinance amend- ment. A copy of the ordinance amendment as recommended by the Planning Commission and an excerpt from the Planning Commission's unapproved minutes are attached. Background Since the City ordinance requirements for campaign signs were last amended, Minnesota Statute 211 B.045 was enacted, which reads as follows: "In any municipality, whether or not the municipality has an ordinance that regulates the size or number of noncommercial signs, all noncommercial signs of any size may be posted in any number from 46 days before the state primary in a state general election year until ten days following the state general election." The definition of a noncommercial sign in the City's ordinance is a "sign that does not advertise products, goods, business, or services and that expresses an opinion or other point of view, or promotes the candidacy of a person running for governmental office." City Ordinance limits the size and number of noncommercial signs in all zoning districts. Zoning Size Limits Number of Signs Residential Zones in MUSA 8 s . ft. Two signs per lot; except between August 1 and November 15, the maximum number of noncommercial signs allowed on any one lot is eight. Residential Zones outside MUSA 16 sq. ft. All other Zoning Districts in MUSA 16 sq. ft. All other zoning Districts outside MUSA 32 sq. ft. Honorable Mayor, City Council, and Ryan Schroeder Sign Ordinance Amendment — Noncommercial Signs April 13, 2011 Page 2 of 2 None of these preceding restrictions conform to the state law, but are still applicable during other times of the year that are not during the campaign timeframe indicated by State of Minnesota Statute. Discussion The proposed ordinance amendment makes the following changes: • Duration of Sign Placement City ordinance currently allows campaign signs only be- tween August 1 and November 15. The amendment mirrors statutory language, which al- lows campaign signs from 46 days before the state primary to 10 days after the general election. An election year that is not a state general election (even years), campaign signs may be posted 21 days before the primary election. If there is no primary election, then campaign signs may be posted 21 days before the general election. All campaign signs must be removed 10 days after the general election. • Number and Size State statute does not limit the number or size of campaign signs 46 days before a state primary election in a state general election until 10 days following the state general election. The ordinance amendment proposes language that is consistent with the state statutes, but will continue to limit the number and size of noncommercial signs during other times of the year. • Setbacks State statute is silent on where signs may be placed. As previously discussed, the proposed ordinance amendment will prohibit noncommercial signs on public property or State and County right -of -ways. To simplify enforcement on city streets, signs may be within city right -of -way only if the sign is more than ten feet from the curb or more than two feet from a sidewalk or trail, whichever is farthest from the street curb. • Fences Current city ordinance does not allow signs to be attached to fences. As pre- viously discussed, this prohibition is difficult to enforce for campaign signs. The proposed amendment would allow campaign signs attached to fences. MUSA Defined The Metropolitan Urban Service Area (MUSA) is defined as an area de- signed to achieve orderly, economic, and contiguous growth by directing development to areas where roads and sewers already exist or are planned to accommodate develop- ment. This definition was added to this proposed ordinance amendment. Recommendation 1. That the City Council amend the Sign Ordinance regulations as recommended by the Planning Commission; and 2. Adopt a resolution authorizing the publication of this Sign Ordinance amendment by title and summary. 1 ORDINANCE NO. XXX 2 3 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA 4 AMENDING TITLE 9, CHAPTER 8, SECTION 5, PROVISIONS 5 APPLICABLE TO ALL ZONING DISTRICTS; AND TITLE 11, CHAPTER 1, SECTION 3, 6 RULES OF WORD CONSTRUCTION: DEFINITIONS 7 8 9 SECTION 1. AMENDMENT "The Code of the City of Cottage Grove, County of 10 Washington, State of Minnesota" shall be amended by amending Title 11, Chapter 1, Section 11 3, Rules of Word Construction; Definitions by inserting the following definition: 12 13 Metropolitan Urban Service Area: An area designed to achieve orderly, economic and 14 contiguous growth by directing development to areas where roads and sewers already exist or 15 are planned to accommodate development. 16 17 SECTION 2. AMENDMENT "The Code of the City of Cottage Grove, County of 18 Washington, State of Minnesota" shall be amended by amending Title 9, Chapter 8, Section 5, 19 Subsection A(3) to read as follows: 20 21 9 -8 -5A: General Standards 22 23 3. Prohibited Locations: 24 25 a. Public Ways: Signs shall not be permitted within the public right of way or easements 26 except for public traffic control signs, signs erected by or on behalf of a governmental body to 27 post legal notices, identify public property, convey public information, and direct or regulate 28 pedestrian or vehicular traffic, and civic event banners and temporary signs measuring six (-6) 29 square feet or less in area, on Saturday and Sunday between the hours of P-leven A'G enk 30 {11:00) A.M. and six e'cleck (6:00) P.M., and on Tuesdays between the hours of ten- e =sleGk 31 (10:00) A.M. and tWG G'GIoGk (2:00) P.M. except as allowed in 9 -8 -5 (G)(2) of the City Code. 32 33 34 b. Trees, €e +ices And Utility Poles: No temporary or permanent sign shall be tacked or 35 otherwise attached to trees, fences utility poles, or other such structures or supports. 36 37 c. Corner Lots: No sign shall be permitted within a triangular area of a corner lot. This 38 restricted area is at the intersection of the project curb lines of two R4 intersecting streets, 39 thence thirty 30 feet (30') along one property line, thence diagonally to a point t#+rty 30 feet 40 {394 from the point of beginning on the other property line, thence to the point of beginning. 41 42 SECTION 3. AMENDMENT "The Code of the City of Cottage Grove, County of 43 Washington, State of Minnesota" shall be amended by amending Title 9, Chapter 8, Section 5, 44 Subsection G (3) to read as follows: 45 46 9 -8 -5G: Noncommercial Signs: 47 48 1. Noncommercial signs may be placed in any district inside the MUSA, providing such 49 signs do not exceed eight (8) square feet per sign in a residential area and sixteen (16) Page 1 1 square feet per sign in any other district. Noncommercial signs may be placed in any 2 district outside of the MUSA, providing such signs do not exceed sixteen ( 16)- square feet 3 per sign in a residential area and thirty -two {32) square feet per sign in any other district. 4 5 2. No noncommercial sign shall be on public property, +nctuding-in or State and Countv_ 64b4s right -of -ways. Noncommercial signs may be placed in a city right -of -way only if the 7 sign is located more than ten feet from the back of the street curb or more than two feet 8 from the edge of a sidewalk or trail whichever is farthest from the street curb. 9 10 3. In residential and agricultural areas, the a maximum number of two noncommercial signs 11 are allowed on any one lot is , except as provided in subsection G4 of this section. 12 13 4. IR residential and agPiG61 areas, betweeR August 1 and November 15, the maximum 14 numbep Gf RORGOmmerGial signs allowed on any one let i s k j-htO)Noncommercial Sians 15 Exemption In a state general election year, all noncommercial signs of any size may be 16 posted in anv number from 46 days before the state primary in a state aeneral election 17 year until 10 days followina the state aeneral election. 18 19 If there is a primary for any office in a year that is not a state general election year, 20 noncommercial signs may be posted 21 days before the primary election When there is 21 no primary, noncommercial signs may be posted 21 days before the aeneral election 22 23 All noncommercial signs must be removed within ten days followina the aeneral election. 24 25 SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from 26 and after its adoption and publication according to law. 27 28 Passed this day of _,201 1. 29 30 31 32 Myron Bailey, Mayor 33 Attest: 34 35 36 37 Caron M. Stransky, City Clerk 38 39 40 Published in the South Washington County Bulletin on [Date]. Page 2 RESOLUTION NO. 2011 -XXX RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. XXX BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Cottage Grove adopted Ordinance No. XXX, which amends City Code Title 9 -8 -5, Sign Ordinance: Provisions Applicable to All Zoning Districts; and Title 11 -1 -3, Rules of Word Construction: Definitions; and WHEREAS, Minnesota Statutes, Section 412.191, subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Cottage Grove has adopted Ordinance No. XXX. The ordinance amends City Code Title 9 -8 -5, Sign Ordinance: Provisions Applicable to All Zoning Districts; and Title 11 -1 -3, Rules of Word Construction: Definitions. This amendment will bring the City's Sign Ordinance requirements related to noncommercial (campaign signs) into conformance with Minnesota Statutes regarding duration of sign placement, number of signs, and size of signs. The amendment also creates setbacks for noncommercial signs from streets and sidewalks and allows their placement on fences. The entire text of Ordinance No. XXX is available for inspection at Cottage Grove City Hall during regular business hours and is posted at the Washington County Park Grove Library. BE IT FURTHER RESOLVED that a complete copy of the ordinance is kept in the City Clerk's office at City Hall for public inspection and a copy of the ordinance will be posted on the Public Notice Bulletin Board at City Hall, 7516 — 80th Street South. Passed this 20th day of April 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM APPROVED MINUTES OF THE JANUARY 24, 2011 PLANNING COMMISSION MEETING 7.1 Discuss Campaign Sign Ordinance McCool summarized the staff memorandum. He explained that the City's current ordinance limits the number of noncommercial signs posted on any parcel of land but state law does not have any regulations on the number or size of campaign signs, so our ordinance is in- consistent with state law requirements. He asked if the current city ordinance prohibiting attaching campaign signs to fences should remain. Blin added that to enforce that ordinance, there is a danger of damaging fences. Willhite stated that the prohibition of signs on fences should be dropped. McCool stated that the other issue to be discussed is the prohibition of signs in public right - of -ways; the state and county prohibit them in their right -of -ways. He explained that in Cottage Grove, streets have a variety of right -of -way and roadway widths, which result in different sizes of boulevard space between the curb and property line. He suggested estab- lishing a dimension such as 10 or 15 feet from the curb for local city streets. The ordinance does allow removal of signs if they impede the visibility of traffic. He also asked for direction on if the city should limit the size and number of noncommercial sign beyond election times. He asked if an ordinance amendment should be drafted. Brittain asked if signs attached to utility poles, traffic poles, and in the clear view triangle would be prohibited. McCool stated that staff is recommending that noncommercial signs be prohibited from those. Willhite asked if the city is trying to conform to the state statute. McCool responded yes, but there are three issues that the city can regulate. Blin clarified that the city ordinance cannot be more restrictive than state statute. Willhite asked about the election period of August to November 15 listed in the ordinance. McCool stated that is the current ordinance require- ment; state law stipulates it is 46 days prior to the primary election to 10 days after the gen- eral election. Willhite asked if the city can regulate signs on fences for private property if the property owner wants the sign attached to their fence. McCool stated that the city ordinance could regulate that. Willhite asked if the state regulates signs attached to fences. McCool re- sponded they do not address that. Willhite asked if that would be more prohibitive than the state. Blin stated that regulating setbacks and attaching signs to fences are in the purview of the cities. Willhite stated that she does not want to restrict signs on fences. Linse asked if both sides of a fence are private property. McCool responded yes. Brittain asked for clarification, noting that the state law talks about the number of signs but does not talk about prohibition of placement. Blin stated that cities may still restrict where signs are located, but cannot restrict the number or size and ordinances need to conform to the duration in state statutes. Poncin expressed concern that if signs are allowed to be attached to fences, large banners could be placed there. She noted that freestanding signs need to support themselves and would therefore be limited in size. Excerpt from Planning Commission Minutes Discuss Campaign Sign Ordinance January 24, 2011 Page 2 of 2 Linse asked what the current ordinance says about signs in right -of -ways. McCool re- sponded that city ordinance prohibits signs in the right -of -way. Blin explained that the city gets complaints about signs that may be in the right -of -way, and staff then spends time to determine where the right -of -way is, which varies throughout the city and even on certain streets. McCool also suggested language regulating how far from a sidewalk a sign could be, such as two or three feet. Messick stated that the state statute is explicit in regulating time, place, and manner, but the Commission could look at regulating locations within the right -of -way. Willhite suggested that signs be flat against the fence instead of being attached to the fence and going out, which would help to mitigate blocked views. Brittain stated that with respect to signs on fences he agrees with Poncin that freestanding signs could help limit sign size without city regulation, but the burden on the city to remove signs attached to fences could cause additional prob- lems. He stated that city ordinances should conform with state statutes during election time, and during non - election times he would be in favor of keeping the existing ordinances in place to help mitigate problems without inhibiting free speech. Willhite asked if the city's ordinance lists the dates that signs can be out during election time. McCool responded that the ordinance states August 15 through November, but that was prior to the primary date change. Messick asked if staff received enough feedback. McCool stated that staff will draft a text amendment for the next Planning Commission meeting. He asked if the Commission wanted to evaluate the draft ordinance first or hold the public hearing next month. It was the consen- sus of the Commission to evaluate the draft at the February meeting and hold the public hearing in March. EXCERPT FROM APPROVED MINUTES OF THE FEBRUARY 28, 2011 PLANNING COMMISSION MEETING 7.1 Sign Ordinance Amendment Discussion (Campaign Signs) McCool summarized the staff memorandum and the proposed draft ordinance amendment. Messick asked if "local street" is a defined term in the city code and is the intention of the or- dinance to be municipally -owned street. McCool responded that he would check the code for the definition of local street. For general purposes, a municipal street is a local street, which also includes collector streets and arterial streets. Messick suggested changing it to "munici- pally -owned street" so it is clear. Treber expressed concern about places where two feet from the back of a sidewalk would be less than 10 feet from the back of curb and suggested changing the language to be "the greater of 2 feet from the sidewalk or 10 feet from the back of curb." Rambacher noted that subsection G3 limits noncommercial signs in residential and agricul- tural areas to two on any one lot, except as provided in subsection G4, which does not limit the number of signs. McCool responded G4 is primarily the citation from the Minnesota Statutes that allows for those signs during the election timeframe. During the election period, which is 46 days prior to the primary through 10 days after the election, there is no limit on the number or size of signs. Subsection G3 limits noncommercial signs during any other time. Brittain asked for clarification of Treber's suggested change. Treber explained that he was trying to resolve any situations where a sidewalk is within that 10 -foot area; he would like signs at least 10 feet from the road whether there is a sidewalk or not. He thinks the intent is that if there is a sidewalk that is nine feet from the curb, the sign would then need to be two feet from the edge of the sidewalk, which means it would be eleven feet from the curb. Rostad suggested simplifying the language to say "ten feet from the street and two feet from any existing sidewalk." Messick reported that the Planning Commission would hold the public hearing on this ordin- ance amendment at the next meeting. EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON MARCH 28, 2011 6.1 Campaign Sign Ordinance Amendment — Case TA11 -004 The City of Cottage Grove has applied for a text amendment to amend the City's sign ordinance for noncommercial (campaign) signs to conform to state statutes. McCool summarized the staff report and recommended approval Rambacher asked what happens if the signs are not removed ten days after the election. McCool responded that the City may pick those up or would contact the campaign manager to inform them that the signs need to be removed. He stated that there has not been a problem with sign removal. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Rambacher made a motion to approve the sign ordinance amendment. Treber seconded. Motion passed unanimously (8 -to -0 vote).