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Home My WebLink About1998-09-02 PACKET 12.A.REQUEST OF CITY COUNCIL ACTIOPJ COUPJCIL AGENDA MEETING ITEM # DATE 9(2/98 PREPARED BY: Community Developement Kim Lindquist ORIGINATING DEPRRTMENT STAFF AUTHOR ...,�«�.�>.�«>��.<<�<.�<,�W�.�..,��>�w�� COUNCIL ACTION REQUEST Review Cottage Grove campaign sign regulations SUPPORTING DOCUMENTS � MEMO/LETTER: Kim Lindquist and Caron Stransky ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS: '�^�� / J /� City Administrator Date * 'k * * * * * k * k * * * t fr * * k * * k * * * * * * # R k * * :t d * * f # * * * * * * * * * * COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER 11 l� j� � I l T0: Honorable Mayor and City Council Ryan Schroeder, City AdminisVator FROM: Kim Lindquist, Community Development Director DATE: August 27, 1998 RE: Campaign Signs The attached information from the City Clerlc sets out the existing regulations for instailation of campaign signs. These ordinance provisions have been in existence for some time and generaliy, there has been little complaint by candidates or the public. If the Council would like to investigate changing the campaign sign regulations, planning staffs suggestion would relate to the placement of signs. Currently, the ordinance per- mits installation within City right-of-way, so long as it is located six feet from the back of the curb or two feet from the edge of a sidewalk. These distance requirements often would place the sign within the right-of-way, which may be probiematic for routine public maintenance such as mowing or snowplowing. If there were a desire to modify the ordinance, we would suggest keeping campaign signs out of the right-of-way. This change would bring the campaign sign regulations into consistency with all other types of signs regulated by the City. Keeping the sig� out of the right-of-way would reduce any maintenance conflicts and would require the can- didate to receive the permission of the homeowner whose property would have the sign displayed. This change would increase the setback for campaign signs approximately seven to eight feet, for a total setback of approximately 13 feet. If the Council would like to consider this change, staff would also recommend changing the setback for real estate signs, which has the same locational requirements as the campaign signs. This would require that property owners displaying for sale or for rent signs must post the sign on their property. •'' � Date: 8/27/98 To: Ryan Schroeder, City Administrator Cc: Mayor and City Council Members From: Caron Stransky, City Clerk RE: CAMPA/GN S/GNS Minnesota Statutes 211B.045 pre-empts loca� authority as it relates to the length of time that campaign signs may be posted and the size of signs in a State general election year. Signs of any size may be posted from August 1 in a state general election year until 10 days following the state general election, or November 13. The State, County, and City, however, has the authority to regulate the piacement of campaign signs. Correspondence from the Minnesota Department of Transportation and Washington County Department of Public Works concerning the placement of campaign signs are attached. The foliowing is an excerpt of City Code Section 21-3: Section 21-3 General Provisions in All Zoninq Districts fa) Generaf Prov�sions (1) No sign shall be erected that by reason of position, shape, movement, color or in any other manner interfere with the proper functioning of a traffic sign or signal or otherwise constitute a tra�c hazard. (6) Signs shall not be painted directly on the outside wall of a building. Signs shall not be painted on a fence, tree, stone, or other similar objects in any zoning district. (10) No temporary or permanent sign shall be tacked, or otherwise attached to trees, fences, utility poles, or other such structures or supports. (12} No sign shall be permitted within a triangular area of a corner lot. This restricted area is at the intersection of the project curb lines of two intersection streets, thence thirty feet along the curb line, thence diagonally to a point thirty feet from the point of beginning on the other curb line, thence to the point of beginning. (q) Campaign Signs (2) Campaign signs shall not be closer the six feet from the back of the curb. If there is a sidewalk, no part of any sign shail be located closer than two feet from the edge of the sidewalk. (3) No campaign sign shall be on pubiic property, except public right- of-way as specified above. As you can see, the State and the County both prohibit the placement of campaign signs within the public right-of-way of any state highway or county road. The City is less restrictive and ailows the placement of signage within the right-of-way. in recent weeks, there has been some concern about the number of campaign signs being placed in the pubiic right-of-way. Even though the signs being placed in the right-of-way may be in compliance with the City's existing setback requirements, Public Works personnel have reported that campaign signs have been interfering with maintenance operations. I would appreciate it if this matter could be placed on the September 2 City Council agenda for discussion purposes only. From a purely "maintenance" standpoint, staff is looking for Council direction on whether there would be interest in amending the ordinance. /cs CMS Attachments May 8. 1998 , WASHINGTON COUNTY DEPARTMENT OF PUBLIC WORKS PARKS • HIGHWAYS • FACILITIES 11660 MYERON ROAD NORTH • STILLWATEF, MINNESOTA 55082-9573 672-430•4300 Facsimiie Machine 612-430•4350 � Dear Candidate for Elective Office: Doneltl C. Wisrnewski, P.E. Direemr WClic Wwks/COUrrcy Engmeer Jahn P. Perkovic�. Daputy Direcmr .. Ope2[iore Division Donem J. Thaisen, P.E.. Depucy Direeror Tec�mcai & Atlministrzflve Division Santlre K. Cullen. P.E. Treffic/Trensporta[ion Engineer Mervin & Eticksoq Fatilkies ManeBer As campaign season begins, I would like to inform you about state law concerning the piacement of campaign signs within County road right of way. Minnesota Statutes 160.27 subd. 5, prohibits the piacement of any advertisement within the Iimits of any highway, induding all county roads. This law promotes safety for motorists and a pleasing visual • environmental along our roads. Since signs are usually an integral part of many campaigns, please inform your campaign workers of the need to place campaign signs outside of County road right of way. Also, piease inform them that if signs are to be placed on private property, permission must be obtained from the land owner. If you need help in determining the location of County right of way in relation to the placement of signs, please contact either pouglas K. Johnson or Joe Lux at the Pubiic Works Department. Since road right of way varies on different roads, and even along the same road, it may be advantageous to cali and make an appointment to meet with either Doug or Joe. By following the above statute you wiil be assured that your signs will not be removed by County personnei. Thank you for your cooperation. Sincerely, ��.�4V� Donald C. Wisniewski Director of Public Works/County Engineer DCW:cr .-.1ticv.icrnw�pn.itt rwnue»wvww r.o., EQUAI EMPlOYMENT OPPORTUNITV � APFIRMATNE ACTION Campaign Signs Minnesota Statute 211B.045 permits political signs to be posted between August 1, 1998 and November 13, 1998 regazdless of local ordinance. (Contact the clerk in any communiry where you wili campaign if you plan to post political signs earlier than August l.) Washington County Ordinance 127 govems political signs in Washingion Counry in unincorporated azeas (Contact the clerk for applicable ordinances in incorporated municipalities): • Political signs are ailowed in any district on privaTe property with the permission of the property owner. • In ResidentiaUTransirional aad Agriculturai districts, signs may be up to 32 square feet. For signs over two square feet, observe a ten-foot setback from property lines; smalier signs require two feet. Maximum height is ten feet over grade. • In CommerciaUindustrial-Rural or Industria6Urbaa districts, signs may be up to 35 square feet. Observe a ten-foot setback for signs over six square feet and a two- foot setback for smaller signs. Maximum height is ten feet. • Only one political sign per candidate is allowed per lot. • Signs must be removed within seven days following the election(s) to which they apply. • Signs are not permitted within the public right-of-way of any highway, county road, or other county properry. • Any sign violating this ordinance can be removed and discazded by local governmental authority. Please contact Washington County Department of Health, Environment and Land Management at 430-6655 if you have questions about Ordinance 127. Minnesota Statute 160.27 prohibits advertisements on highway right-of-ways. \\CFS W ACOVSYSISHARE�.4TELECTFORMS\CANDIDA'I�wacosign.doc � �' Minnesota Department of Transportatfon y�� Transportation Buiiding 4 395 John Ireland Boulevard Saint Paui, Minnesota 55155-1899 July, 1998 TO CANDIDATES FOR PUBLIC OFFICE This letter is to remind you that state law prohibiu the glacement, painting, printing, or afFixing of advertisemenu on any object within the limi[s of any highway in Minnesota. This prohibicion in Minnesota Starutes, secdon 160.27, applies to political campaign signs as weil as to all other forms of advertising. The law applies to all sta[e, county, ciry and township roads and highways. In addirion, the Minnesota Outdoor Advertising Control Act (Minaesota Starures, section 173.15) prohibiu ereccing adverrising devices: • on private land without the consent of the owner or occupant; • on pubiic utility poles; • on trees or shrubs; and • by painting or drawing on rocks or naturalfeatures. The Federal Highway Administration o�ce in Minnesota monitors Minnesota's compliance with federal highway beaurificarion laws. State �ansportacion employees aze responsible for administering these laws on state highways and must remove signs ihat violate the laws. Counry, ciry, and cownships employees adminisser these laws on their roads. 5ince polirical campaign workers may not be fa.miliaz with the laws, please distribute this information to those piacing signs on your behaif. Local Mn/DOT offices should be contacted for assistance when signs aze being placed whe:e the specific highway right-of-way cannot be clearly idenrified. When improperly placed signs aze removed by degar¢nenc empioyees, every effon will be made [o umporarily store the sign and to notify the candidate so that the signs can be reu�ieved by the eandidace or the candidate's workers. I sincerely request your cooperation in seeing that your campaign workers aze lmowledgeable about these laws. Department employees will make every efforc to be fair and impar[ial in adminiscering the law so tha[ all advertisers can expect equal ffeatment under [his law. Thank you for your caopendon. Sincerely, J e N. Denn 'ssioner