2018.03.20 Planning Minutes SIGNED

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Motion by Commissioner Miwa, seconded by Commissioner Murphy, to approve staff recommendation amending Conditions #6 and #7. Approved 5-0. VII. Public Hearing (B) Consideration of a Zoning Code Amendment, amending Chapter 9, titled Signs, revising content - based regulations throughout the entire Chapter 9 and billboard regulations of Section 9-045. Planning Director Janice Gundlach reported the City of New Brighton is requesting a Zoning Code Amendment, amending Chapter 9 titled Signs. The amendments address the following two areas: • Content -based language — based on recent Supreme Court cases, any content -related standards must be stricken or revised to remove content -specific language. • Billboards — it is the intent to create language that would allow for Council Consideration to erect a billboard at the New Brighton Community Center (NBCC), which requires amendments to Section 9-045, where new billboards are currently prohibited. Planning Director Gundlach stated in the summer of 2015, the U.S. Supreme Court decided Reed v. Town of Gilbert, a case involving government regulation of signage. The decision in this case established new rules to ensure legal compliance with the First Amendment. Notably, government regulations must now pass a new "content neutrality" test to be upheld as a valid exercise of the City's regulatory authority. Since then, Rocket Media have sued at least two Minnesota cities (White Bear Lake and Lauderdale) for failure to update their sign ordinances to reflect the "content neutrality" test. Rocket Media's motivation is to win monetary judgements. Proposed Ordinance No. 860 amends language to comply with the "content neutrality" test. Planning Director Gundlach explained the other matter relates to amending Section 9-045 to permit billboards under a very limited basis. Two locations would be eligible, one City owned and the other owned by the School District. The City Council could decide to erect a billboard at the New Brighton Community Center, where the public would benefit from certain civic messaging provided free of charge by the billboard owner. The City would also realize lease revenue for use of City property for the billboard. Many metro -area cities engage in this practice. Staff requested the Planning Commission hold the public hearing and recommended approval of the Ordinance. Discussion included: • Staff commented on the separate sign code language for the New Brighton Exchange redevelopment project. • Chair Nichols-Matkaiti noted she had several grammatical errors that should be reviewed by staff and the City Attorney prior to the City Council meeting. • Further discussion ensued regarding the architectural detail that would be included on the MnDOT sound wall. Staff noted the sound wall architecture would not apply to the wall sign ordinance. Motion by Commissioner Murphy, seconded by Commissioner Frischman to close the Public Hearing. 5