Agenda - Council Work Session - 05/04/2010

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the burden of proof to definitively state how long these temporary signs have been located on individual parcels. Staff finds it reasonable to assume that a handful of temporary signs have been erected for well over one (1) year. Recent complaints have exposed a loophole in the current ordinance that prevents the City from presenting sufficient evidence to prove beyond a reasonable doubt that a temporary sign has been erected for longer than six (6) weeks. In other words, the City will need to dedicate a substantial amount of staff time to continue inventorying temporary signs on a much more regular basis. Other issues include placement and location of temporary signs, most notably within public right-of--ways. Improper placement has negative effects of public safety (visibility along roadways), maintenance (ability to maintain and clean boulevard areas), and aesthetics. In order to better address issues and complaints with temporary signs, Staff suggests discussing the merits of re-instituting a temporary sign permit. A temporary sign permit should be a simple, low-to-no cost permit intended to assist the City better respond to non-compliant temporary signs. A temporary sign permit would be intended to shift the burden of proof on the applicant to state the start and end time the temporary sign will be erected, and ensure proper location all while still providing for a simple means for the business owner to erect a temporary sign. Based on past experience in issuing temporary sign permits previously, these permits should be able to be offered at very little to no cost, with a large return on benefit to the community to regulate these temporary signs. Staff would suggest re-instituting these temporary sign permits provided the permit itself could be completed by the Applicant in a matter of minutes and approved by staff within 24-48 hours. Staff would make every effort to process temporary sign permits on the spot by creating a database to quickly query remaining time allotment for temporary signs per parcel. There would, however, be an upfront cost to implement the permit, as Staff would suggest an outreach plan to businesses to inform of the re-instituted temporary sign permits. Staff would suggest aone-time nominal fee of $25 for the full six weeks (or ten weeks if the applicant qualifies). In other words, the City would collect $25 for the first permit (per year), and each subsequent permit fee would be waived. Furthermore, per the Highway 10 Sub-Committee recommendation, the City could consider requiring a permit to be affixed to the temporary sign to east enforcement by having the time allotment documented on-site. Staff would recommend increase the permit fee to cover costs of printing a durable, weatherproof permit to be affixed to the temporary sign. Points to Consider: • Should there be a different way to deal with repeat offenders and violations of the temporary sign restrictions? • The Highway 10 Sub-Committee specifically requested passing a resolution that would having the City enforcing and removing signs on any right-of--way within the City Limits, will that cause any issues with the State or County? • Staff will be prepared to advise the City Council regarding storage of confiscated signs. Currently, confiscated signs removed by the City are stored at Public Works. Signs confiscated by Anoka County and Mn/DOT are stored at their respective facilities. • Is the City more concerned about signs in commercial vs. residential areas?