02-14-22 CC WS Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION COUNCIL CHAMBERS
MONDAY, FEBRUARY 14, 2022 6:00 P.M.
For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for the
meeting link. Contact the city at 952.960.7900 during regular business hours with questions.
AGENDA
1. CONVENE CITY COUNCIL WORK SESSION
A. Roll Call
Mayor Labadie _____
Siakel _____
Johnson _____
Callies _____
Gorham _____
B. Review Agenda
ATTACHMENTS
2. SIGN ORDINANCE Planning Director Memo
3. ADJOURN
2
MEETING TYPE
Worksession
City of Shorewood Council Meeting Item
Title/Subject: Potential Amendments to City Code Chapter 1201.03 Regarding Rules
for Campaign and Other Related Signage
Meeting Date: February 2, 2022
Prepared By: Marie Darling, Planning Director
Attachments: Draft ordinance amendments
At the January 24, 2022 meeting, the City Council directed staff to provide a review of any
necessary changes to the zoning ordinance related to election signage. The Council’s stated
goal was to have any changes to the ordinance completed prior to the election season.
Below staff have prepared a summary of the current statute language, current city regulations,
and staff recommendations on what is needed to improve the regulations.
State Statute:
Minnesota State Statute 211B.045 has specific language regarding noncommercial speech signs
during state election years.
During the defined time-period above, no City may limit the number or size of campaign signs.
Shorewood Code Language:
In an attempt to comply with State
Statute, Shorewood’s current sign
regulations (Section 1201.03 Subd.
11. b. (1) (d) of City Code) related to
the above include the following:
Page 2
Improvements Proposed:
1. Remove the defined term “campaign sign” from the code and replace with noncommercial
speech sign (with a new definition). Campaign sign is a term that regulates content, which
is no longer allowed in sign regulations. Noncommercial speech sign is viewed as a
content neutral label and is consistent with Supreme Court precedent.
2. Use the same time period for all elections consistent with state statute, 46 days prior to
primaries until 10 days after the election.
3. Remove the fee for removal of signs as it would be difficult to determine who would need
to be charged and staff typically does not try to assess the cost of removing the signs.
4. Keep the distance requirement from the edge of the street to protect the use of the street
and adjacent boulevard for drivers and pedestrians.
5. Add a substitution clause to allow any noncommercial speech to be substituted for other
noncommercial speech signs or commercial signs. This would allow noncommercial
speech signs in lieu of other allowed signs outside of the election time period defined in
statute.
Staff provided some optional draft language on the issues outlined above.
Next Steps
The amendments that were previously in front of the City Council at their July 26, 2021 meeting,
were continued indefinitely. To reconsider any amendments, a new public hearing would need to
be held at the Planning Commission.
To be in place prior to the next election, the city would need to have the ordinance approved and
published prior to May 1, 2022 to avoid any conflicts with the current language in the code that
indicates signs are permitted 100 days prior to any election.
As the City Council considers sign regulations, it is important to note that due to the United States
Supreme Court’s ruling in Reed v. Town of Gilbert, 135 S.Ct. 2218 (2015), a city may not restrict
expression based on its content (e.g., distinguishing between garage sale signs, wedding signs,
campaign signs), but still may regulate signs on a reasonable time, place, and manner
restrictions. Following Reed, cities have regulated the following:
Rules regulating the size of signs.
Rules regulating the locations in which signs may be placed.
Rules distinguishing between lighted and unlighted signs.
Rules distinguishing between signs with fixed messages and electronic signs with
messages that change.
Rules that distinguish between the placement of signs on private and public
property.
Rules distinguishing between the placement of signs on commercial and residential
property.
Rules distinguishing between on-premises and off-premises signs.
Rules restricting the total number of signs allowed per mile of roadway.
Special rules for government signs.
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Direction:
Staff requests direction on the following:
1. Does the City Council find amendments to the regulations are warranted at this time?
2. Are the amendments shown adequate or would the City Council find other amendments to
the sign code are needed at this time as well?