10-26-2005 Council Agenda - Laserfiche WebLink

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October 13, 2005 Page 2 THE LITTLE CANADA MEMORANDUM ALSO STATES A CONCERN ABOUT THE ENFORCEMENT OF THE FREQUENCY OF A MESSAGE CHANGE ON AN ELECTRONIC READER BOARD DISPLAY. CITY PLANNERS AND OFFICIALS THAT ARE AFRAID PROGRAMMING MAY BE CHANGED TO ANIMATION OR OTHER AFFECTS AFTER A SIGN IS PERMITTED AND OPERATIONAL OFTEN TAKE THE POSITION THAT AN ELECTRONIC MESSAGE CENTER SHOULD BE PROHIBITED ALTOGETHER. THIS POSITION IS UNSOUND. THERE IS NO LEGAL BASIS TO DENY A STATIC - DISPLAY ELECTRONIC SIGN, AS IT IS LEGALLY INDISTINGUISHABLE FROM ANY OTHER ILLUMINATED SIGN. WE DON'T PROHIBIT CAR USAGE MERELY BECAUSE THE CARS ARE DESIGNED SO THAT THEY MAY EXCEED THE SPEED LIMIT, WE ISSUE A TICKET TO THE DRIVER AFTER THEY EXCEED THE LIMIT. LIKEWISE, IF A SIGN OWNER VIOLATES THE ZONING OR SIGN CODE, THE REMEDY IS TO CITE THEM FOR THE VIOLATION, NOT TO PRESUME THAT THEY WILL DO SO AND REFUSE TO ISSUE PERMITS AT THE OUTSET. THE LITTLE CANADA SURVEY LISTS SURROUNDING CITIES AND THE INTERPRETATION OF THEIR SIGN CODES. ALTHOUGH PARTS OF THE MEMORANDUM ARE CORRECT (VADNAIS HEIGHTS AND ROSEVILLE) SOME ARE NOT CORRECT. THE MEMORANDUM STATES LITTLE CANADA OFFICIALS HAVE TALKED TO SURROUNDING CITIES REGARDING THEIR PRACTICES FOR HANDLING ELECTRONIC MESSAGE CENTERS.I HAVE CONTACTED THE ENFORCEMENT PERSONS AT ALL CITIES LISTED AND RECEIVED DIFFERENT ANSWERS THAN WHAT IS STATED IN THE MEMORANDUM. WHITE BEAR LAKE ALLOWS ELECTRONIC MESSAGE BOARDS WITH A SPECIAL USE PERMIT. IN FACT, THEY HAVE THESE AT SOME OF THEIR PUBLIC SCHOOL LOCATIONS, AS WELL AS SOME PRIVATE BUSINESS PROPERTIES. THIS INFORMATION CAME FROM THE CITY CODE ENFORCEMENT OFFICER. WHITE BEAR TOWNSHIP, WHICH IS NOT ON THE INFORMATION SHEET, ALLOWS ELECTRONIC MESSAGE CENTERS WITH DESIGNATED INTERVALS IN THE MESSAGE CHANGES IN ORDER TO NOT IMPEED TRAFFIC FLOW. MAPLEWOOD ALLOWS ELECTRONIC MESSAGE CENTERS. ALONG INTERSTATE 35E BY ROSELAWN AVENUE (WHICH IS IN MAPLEWOOD) THERE IS AN ELECTRONIC MESSAGE CENTER IN THE BUSINESS CENTER ON THE EAST SIDE OF FREEWAY, WE DO NOT WANT A SIGN THAT CHANGES COLORS, SCROLLS, OR DOES ANYTHING ELSE BUT DISPLAY STATIC MESSAGES AT THE SAME INTERVOLD AS TIME AND TEMPERATURE SIGNS. WE ARE PROPOSING A WELL DESIGNED AND PROPERLY PLACED ELECTRONIC SIGN. THIS SIGN WILL ENHANCE AND UPGRADE THE AREA WHERE IT IS TO BE PLACED. THIS SIGN WILL NOT FLASH OR CHANGE COLORS NOR WILL IT SCROLL. IT WILL DISPLAY TIME AND TEMP ALONG WITH OTHER MESSAGES, INCLUDING COMMUNITY EVENT INFORMATION. THIS WILL BE AT INTERVALS THAT ALLOW FOR SAFE FLOW OF TRAFFIC. IT WILL BE NO DIFFERENT THAN A TIME AND TEMP SIGN WHICH CHANGES AT 3 SECOND INTERVALS, WHICH THE FEDERAL DEFINES AS STATIC DISPLAY SIGNS.