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City of <br /> Elk Request for Action <br /> River <br /> To Item Number <br /> Mayor and City Council 9.2 <br /> Agenda Section Meeting Date Prepared by <br /> Work Session July 15, 2013 T.John Cunningham,Fire Chief <br /> Item Description Reviewed by <br /> Signage in Right-of-Ways Chris Leeseber ,Park Planner-Planner <br /> Reviewed by <br /> Cal Portner, City Administrator <br /> Action Requested <br /> Direct staff on possible revision to � 30-859 of the Elk River Code of Ordinances pertaining to signage in <br /> the public right-of-way. <br /> Background/Discussion <br /> On June 3, 2013, the Council discussed the current ordinance which regulates the placement of signage in <br /> the public right-of-way (ROW). City Code � 30-859 prohibits, among other things, any signage that is <br /> "attached to trees,utility poles,public benches, or streetlights, or placed on any public property or right- <br /> of-way." Enforcement of this section has generated some concerns from residents who frequently hold <br /> garage sales and commonly place signage in the public right-of-way. <br /> Following the June 3 discussion, staff researched possible options for the Council to consider that would <br /> allow for certain exceptions to be made to the current ordinance including ordinances from a number of <br /> surrounding communities. A summary of those findings are attached as Exhibit 1. Elk River's current <br /> language is consistent with other communities. <br /> The ordinance, and enforcement activity,is also consistent with the city's visionary goal to enhance <br /> beautification. Action Step C7 specifically states, "actively enforce zoning and signage standards on <br /> primary corridors." <br /> Regulation of Content <br /> Council had asked for further information as to what extent the city can regulate signage based on <br /> specific classified groups (i.e. garage sales, not-for-profit advertising, community events, etc.). The city <br /> attorney has advised that cities cannot regulate content and advises against drafting an ordinance that <br /> would restrict signage display to specific groups. It would be possible, however,to restrict the display of <br /> signage in a public ROW during specific days (i.e. Thursday—Sunday). This,however,would need to be <br /> equally and fairly applied to everyone,including residents and businesses. <br /> Utility Lines <br /> One concern that was discussed at the June 3 meeting was that of utility lines that are commonly placed <br /> in the ROW. Generally, high power lines are placed at a minimum of 32" deep and secondary (including <br /> service) lines are placed 18-24" deep. TV cable and telephone service lines to individual properties are <br /> not placed very deep and can easily be disrupted by stakes and signage. Surface grading does change over <br /> P a w E R E U 6 Y <br /> NaA f RE] <br />