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<br />REQUEST FOR CITY COUNCIL ACTION <br /> <br /> <br />DATE: 04/24/00 <br />ITEM NO: J-3 <br /> <br />Approval: Agenda Section: <br />ORDINANCE & RESOLUTIONS <br />A request by the City of Roseville for consideration and FIRST <br />READING of an amendment to Section 1009 (Sign Regulations) <br />and Section 1014 (Administration) of the Roseville Zoning <br />Ordinance (PF #3190). <br /> <br /> <br />1.0 BACKGROUND of SIGN REGULATIONS REQUEST <br /> <br />1.1 Shortly before the end of the year, United States District Court Judge James M. <br />Rosenbaum ruled that Roseville City Code Sections 1009.02 and 1009.03 are "null and <br />void for violation of the Constitution of the United States", and permanently enjoined <br />enforcement of the current Code (Case 99-CV -1515). The particular provisions in these <br />Code sections analyzed by Judge Rosenbaum relate to the definition of signs, banners, <br />and flags. Judge Rosenbaum also ruled that the procedural aspects of the ordinance are <br />unconstitutional because the ordinance vests excess discretion in the determination to <br />grant or deny a permit and because the ordinance fails to comply with the Supreme <br />Court's procedural requirements to be used when making determinations involving First <br />Amendment expression. <br /> <br />1.2 Because constitutional law and First Amendment issues, in particular, are extremely <br />complicated and case specific, the City requested Judge Rosenbaum to be as specific as <br />possible in identifying the problematic portions of the ordinance and in suggesting <br />amendments that the City could consider in revising the ordinance. Judge Rosenbaum <br />declined the invitation, allowing the City, as he puts it, to "attempt to draft lawful <br />regulations, and allow [ing] judges to evaluate regulation, without themselves having <br />been their author." <br /> <br />1.3 After further review of the decision and other materials, including sign ordinances from <br />other cities within and outside Minnesota, staff recommended that the Planning <br />Commission study possible amendments to the Roseville City Code regulating flags. <br />Additionally, modifications to Code sections regarding the procedures used in issuing or <br />denying permits are necessary in response to Judge Rosenbaum's ruling. <br /> <br />2.0 OPTIONS to CONSIDER <br /> <br />Based on the ruling by Judge Rosenbaum, the following solution is proposed regarding <br />modifications to the City's flag regulations: <br /> <br />Planning File #3190 (Sign Ordinance - Flag) RCA 04/24/00 <br />