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Mounds View City Council March 13, 2006 <br />Regular Meeting Page 12 <br /> <br />Staff recommends leaving the language in there as it is, and indicated that it does not preclude 1 <br />Clear Channel from considering or requesting an additional 10-15 years or modification of the 2 <br />Code to allow for an additional 30 year period. He stated it holds firm to what the Council had 3 <br />negotiated in terms of the relocation agreement being a 30 year period. 4 <br /> 5 <br />Councilmember Thomas stated the height restrictions should remain at 35 feet. She asked what 6 <br />change is required to not allow signs in the section north of Silver Lake Road on County 10. 7 <br /> 8 <br />Director Ericson stated the section of text relating to the area north of Silver Lake Road could be 9 <br />eliminated. He stated it is not a zoning issue. 10 <br /> 11 <br />Mayor Marty referenced the statement regarding the Sign Ordinance Review/First Amendment 12 <br />from the City Attorney, which stated in order for the sign ordinance to be safe from legal 13 <br />challenges, it must not contain provisions to give unbridled discretion to City officials and should 14 <br />not be content based. Mayor Marty questioned the billboards that were approved at the former 15 <br />golf course, and noted if they were in the City, they were not to have alcohol or tobacco 16 <br />advertisements. He commented that nothing like this is in the ordinance, and asked if it has to be 17 <br />stricken. Director Ericson stated the City could specific the requirements upon Clear Channel 18 <br />because it was the land owner and had a contract with Clear Channel, but the City cannot ban all 19 <br />alcohol advertisements in the City. 20 <br /> 21 <br />Mayor Marty referenced Section 1008.02, the definition of incidental signs, and asked if it should 22 <br />be changed to read no sign with a message that is legible off of premises should be incidental. 23 <br />He asked for an explanation. 24 <br /> 25 <br />Director Ericson stated this was a change in regard to elimination of the advertising context of 26 <br />the commercial nature. He stated this relates to incidental signs that relate to the flow of traffic 27 <br />on the property. He explained that originally there was some language that was meant to exclude 28 <br />commercial advertising as a definition of an incidental sign. He stated the City Attorney 29 <br />suggested eliminating the commercial or advertising aspect to the incidental sign definition. 30 <br /> 31 <br />Mayor Marty referenced the chart on Page 2, Section 6, and asked if the numbers indicate the 32 <br />size of the sign. Director Ericson stated they did. 33 <br /> 34 <br />Mayor Marty referenced the top of Page 3, and asked what the small notations were. Director 35 <br />Ericson explained these are footnotes that talk about the height of billboards increasing to 45 36 <br />feet. He noted this could be stricken based on prior Council discussion tonight. He added this 37 <br />would strike the entire section because it was the only change to the section. 38 <br /> 39 <br />Mayor Marty referenced Section 8, item F, and noted the line says: “…provided that one or more 40 <br />of the following conditions are applicable.” He asked what the following conditions are. 41 <br />Director Ericson commented that they do not relate to the change in that section. 42 <br /> 43 <br />Mayor Marty referenced Page 4, Item B, that stated billboards must be located at least 250 feet 44 <br />from residentially zoned property. He noted it would probably meet the 250 feet, but stated he 45