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STAFF REPORT To: Mayor and City Council From: Kim Moore -Sykes, Assistant City Manager Date: November 14, 2006 Subject: Electronic Gas Price Display Sign — Second Reading Background: At the first reading of the proposed language change to Chapter 14, Si Zs, of the City Code, it was re orted that a public hearing had been held for the proposed language change on October 17tat the Planning Commission meeting. Mr. Roger Bona initiated this process by requesting a change to Chapter 14 to allow electronic gas price display signs. The Planning Commission approved a recommendation to allow the language change to Chapter 14, listing conditions and restrictions for an electronic gas price sign based on information provided by staff collected from surrounding communities that allow electronic changeable message signs; including gas price signs. A representative from St. Anthony. Mobil also informed the Planning Commission that allowing an electronic gas price sign alleviated a safety issue for his employees responsible for manually changing the gas prices, particularly in the winter when ladders and equipment get slippery. Council asked staff to do additional research on :the issue. They were- especially interested in the findings that these communities came to in deciding to allow electronic gas price display signs. Staff spoke with Mark Noble of Shakopee; Matt Brown of Coon Rapids; Jeff Sargent of Columbia Heights; Grant Fernelius of New Brighton; and Scott Hickock of Fridley. Most indicated that the change was allowed because electronic signs looked neater in appearance, were technologically advanced and were viewed as a convenience for the business owner. Jeff Sargent of Columbia Heights indicated that electronic gas display signs are allowed as their ordinance only prohibits those electronic, signs that s-croll, flash, or are animated. Scott Hickock, from Fridley, discussed a court case that the City was involved in regarding electronic signs. The case went as far as the State Court of Appeals, whereby the Court upheld the City's ability to place stipulations and restrictions on electronic signs with the exception of message, which the Court viewed as a Constitutional issue. Matt Brown of Coon Rapids reported that their sign ordinance is probably more lenient than most communities, with the exception of those businesses along Coon Rapids Boulevard. Those businesses are scrutinized more closely because of the intensity of development along that roadway. He also indicated that employee safety. was not an issue that was considered but indicated that their council didn't feel that electronic gas price display signs were any more intense than other signs. Reauested Action: 2nd Reading 111406 Electronic Gas Price Sign Chpt 14:doc UK