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1 1 1 Council Meeting Minutes October 22, 1991 Page 6 Council Business. continued Wally Helmbrecht, 1497 Mississippi, asked if other cities have found themselves in the same position. Benke said neighboring cities were surveyed and few have had to address the issue. He noted that unfortunately, every city will need to address this at some time. LeFevere said the City of Minnetonka recently amended its ordinance and it appears to be very similar to New Brighton's proposed ordinance. Rebelein noted Ms. Brayton early departure before listening to opinions opposing her views. She asked at what point does exercising ones constitutional right infringe on those of others. LeFevere said the City is powerless in limiting someone's freedom of expression. Loel Brandstrom, 1235 Mississippi, feels the sign's content is important and showed photographs which illustrate the graphic content of the sign. LeFevere said any restrictions a City can place on a sign's contents would be limited, but State law reflects the obscenity issue. Mattila is unaware of a City ordinance dealing with sign content. Rebelein reiterated that Council is very concerned about offensive, graphic sign content, potentially harmful to children, but that nothing legally can be done. The proposed ordinance reflects the least amount of change that meets constitutional requirements. Doug Baker, 1369 Mississippi, is insulted that Ms. Brayton left the meeting before hearing the other neighbor's views. LeFevere said several years ago the City and the Minnesota Civil Liberties Union (MCLU) went before the Federal District Court. In that case, the City was in a strong position and prevailed. The City is not afraid of a lawsuit when it is in a strong position, however, he expects the MCLU to sue the City even if the Council adopts the amended ordinance. John Slodola, 1401 Mississippi, feels the well being and safety of the neighborhood is of utmost importance. Benke said if the signs created a traffic problem, then the City would refer to the nuisance ordinance. Larry MacDonald, 1503 Mississippi, feels the City should take a hard line, and inquired if the court costs would be substantial. He asked if the ordinance can be brought before the public for a vote. LeFevere said it is difficult to estimate court costs, being that the City could receive financial help from other municipalities and its insurance carrier. However, it is most likely the taxpayers would front some of the costs and he guarantees the City would lose if it did not adopt the amendment. The court would allow the sign to be in place during the court process. If the City lost a court battle with the MCLU, the City would be required to pay the MCLU's legal fees. Council Businesli Amendment to Sign Ordinance Report 91 ~228