01-27-88 Council Minutes - Laserfiche WebLink

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MINUTES City Council Jan. 27, 1988 Billboards asked the Council's feelings for• enfor~cing the ordinance at this time. (Cont.) The Ci ty Pl anner~ agr~eed that the or~di nance defi ned bi 11 boar~d as a pr•ohibited sign and included a sunset clause of 5 year•s fr•om the enactment of the or•dinance stating that after~ that time the billboar•d had to be either~ r•emoved or~ br~ought into confor~mity ~aith the or~dinance. Fahey felt that the sign owner•s would ar•gue that they had not had sufficient time to r~ealize a r•etur•n on their~ investment. Fahe,y asked the City Attorney whether or not the ordinance was enforceable on this matter•. The Planner~ noted that other• communities have or•dinances which include sunset clauses. The City Attor•ney r•epor~ted that the Minnesota Supr~eme Cour~t has not deter•mined a r•easonable time to enfor~ce something out of existence without having to pay for~ it. The Attor•ney did not know if this pr•ovision was enfor•ceable, and it was his exper~ience that a city can wor•k something out with an owner to take down a sign r~ather~ than doing i t thr•ough cour~t acti on. The Attor•ney stated that the P1i nnesota Supr~eme Cour~t i s goi ng i n favor• of pr•oper~ty owner~s, and the City may have to pay for~ whatever• usable life is left in the billboar•d. Council discussed the matter and felt that the City Clerkshould write a letter• to the billboar~d owner• r~eminding him of the pr•ovisions of the or~dinance, and asking plans for• br•inging the billboar•ds into confor•mance with the or•dinance. Council felt a solution might be able to be wor~ked out with the sign owner. Mr•s. Scalze intr•oduced the following r•esolution and moved its adoption: RESOLUTIO~! N0. 88-1-2$-INSTFiUCTING THE CITY CLERK TO 41RITE A LETTER TO NAEGELE SIGPI COMPAMY ASKING THEIR INTENTIO~IS FOR BRIMGING THEIR RILLBOARDS W.ITIiIN TFIE CITY INTO CONFORMAF!CE WITH THE CITY'S SIGN ORDINANCE The foregoing resolution was duly seconded by Mr. Blesener. Ayes (5) Scalze, Blesener, Collova, Fahey, LaValle. Nays (0). Resolution declar•ed adopted. This r•esolution appear•s in Resolution Book ~lo. 19, Page 30. Bank Shot Fahey updated Ar•t Her~kenhoff, Planning Commission member•, on the Billiar~ds action the Council just took with r~egar•d to the conditional use per~mit (Cont.) for~ Bank Shot Billiar~ds. Pa~e -14-