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ARDEN HILLS CITY COUNCIL – JANUARY 27, 2020 4 Community Development Manager/City Planner Mrosla explained City staff has since then initiated proposed amendments to Chapter 12, Section 1230.01, Subd. 2 of the Sign Code. The existing language from section 1230.01, Subd. 2 states: “Non-commercial Signs in an Election Year. Signs of any size containing noncommercial speech may be posted from August 1 in any general or City election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election provided that the signs are in compliance with Minnesota Statutes. These non-commercial signs shall be placed in accordance with Section 1250.03 Subd 2, 3, and 4.” Community Development Manager/City Planner Mrosla reported the ordinance language above is inconsistent with Minnesota State Statute 211B.045. Minnesota State Statute 211B.045 states: “All noncommercial signs of any size may be posted in any number beginning 46 days before the state primary in a state general election year until ten days following the state general election. Municipal ordinances may regulate the size and number of noncommercial signs at other times.” Community Development Manager/City Planner Mrosla indicated the existing ordinance language restricts the placement of non-commercial signs until August 1st in an election year. However, Minnesota State Statute 211B.045 permits non-commercial signs to be posted 46 days prior to the state primary election. Minnesota primary elections occur on the second Tuesday of August in election years or on August 11, 2020. Per the statute, signs may be posted 46 days prior to the primary election or June 28, 2020. In response, staff worked with the city attorney on the proposed language below. “Non-commercial Signs in an Election Year. In years where a federal, state or local government election is conducted within the city, non-commercial signs may be posted no more than 46 days prior to that election. These non-commercial signs shall be placed in accordance with Section 1230.02 and 1250.03 Subd 2, 3, and 4. Those responsible for posting the signs shall remove any signs within 10 days following an election.” Community Development Manager/City Planner Mrosla stated the proposed language addresses all types of elections and removes the need to address special elections. The proposed language is in conformance with Minnesota State Statute 211B.045 and permits non-commercial signs to be posted no more than 46 days prior to the primary. 46 days is the minimum set by state statute. The number may increase, but may not decrease below 46 days. At a recent City Council Work Session the Council discussed increasing the number of days to 70. A formal motion would be necessary to change the proposed 46 to 70 days. In addition, staff added specific code sections that defines where signs may be located. Section 1230.02 is addresses prohibited sign placement locations and 1250.03 regulates temporary off-premise signs. Community Development Manager/City Planner Mrosla commented as part of sign code amendment staff revised and restructured section 1250.03, Temporary Off-premise Signs. It is important to note that only subdivisions two (2) through four (4) regulate noncommercial signs in