2018.03.27 CC Minutes - Laserfiche WebLink

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March 27, 2018 Page 6 of 8 Billboards — it is the intent to create language that would allow for City 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 reported 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, at least two Minnesota cities have been sued (White Bear Lake and Lauderdale) for failure to update their sign ordinances to reflect the "content neutrality" test. Proposed Ordinance No. 860 amends language to comply with the "content neutrality" test. The other matter relates to amending Section 9-045 to permit billboards on properties that are within the B-4 zoning district that have frontage on either 694 or 35W. There are currently only two locations in the City that would be eligible, one location is City owned (the Community Center) and the other location is owned by the School District. Ordinance No. 860 has been drafted by the City Attorney and City staff and is ready for adoption. Beyond adoption of Ordinance No. 860, staff is requesting adoption of a Resolution approving an ordinance summary. Ordinance amendments do not become effective until they have been published in the official City newspaper. Adoption of a summary in lieu of the full sixteen -page ordinance will provide substantial savings in publication costs. Minnesota Statutes 412.191, subdivision 4 allows publication by title and summary in the case of a lengthy ordinance. The proposed summary is provided in the Resolution. She reported the Planning Commission reviewed this item at their March 201h meeting and recommended approval. Councilmember Burg asked staff was proposing to have two-sided billboard. Assistant Community Assets and Developinen0lanning Director Gundlach reported this was the case. She provided further comment on the lease revenue the City could expect from installing a billboard Councilmember Burg lx lieved this was a great opportunity for the City and would allow for the City to advertise community events. Mayor Johnson discussed how the funds from the billboard could be used to assist the City with redevelopment and other business opportunities. Councilmember Jacobsen asked if the billboard would be angled at 35W or I694. Assistant Community Assets and Development/PIanning Director Gundlach commented the proposal at this time would be to angle the billboard so as to be seen from both major freeways. Councilmember Allen indicated the billboard could assist the City in creating a sense of place for New Brighton. 4 Ayes, 0 Nays -Motion Carried 4. Consideration of a Resolution approving a Special Use Permit for 1244 Long Lake Road. Motion by Councilmember Burg, seconded by Mayor Johnson to adopt a Resolution approving a Special Use Permit for 1244 Long Lake Road. City Manager Lotter explained the Planning Commission had discussed this matter at two of the meetings. He noted staffhad a brief presentation that would be provided by Assistant Community Assets and Development/Planning Director Gundlach Assistant Community Assets and Development/Planning Director Gundlach commented the Planning Commission has been working on a Special Use Permit for Tim Miller at 1244 Long Lake Road. She noted 4. Consideration of a Resolution approving a Special Use Permit for 1244 Long Lake Road.