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11-03-1999
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11-03-1999
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MV City Council
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City Council Packets
Date
11/3/1999
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Mr. Rick Jopke <br /> October 19, 1999 <br /> • Page 2 <br /> 1. Does the deed for the golf course property contain any restrictions which would prohibit <br /> the placement of advertising devices or billboards at The Bridges Golf Course? <br /> 2. Does the placement of advertising devices or billboards at the golf course constitute <br /> illegal"spot zoning"or raise any other zoning implications? <br /> 3. Is the placement of advertising devices or billboards permitted along the Minnesota State <br /> Trunk Highway system? <br /> The discussion and opinions as to the above noted issues follows. <br /> SHORT ANSWERS <br /> 1. Probably not. Placing a billboard or other advertising structure on the involved <br /> property would not appear to contravene the public purpose use restriction because doing so <br /> could be construed as a supporting element of the public purpose use. However, if the billboard <br /> is used to advertise and promote a business other than the golf course or other government <br /> function, then it may be argued that this is more of a commercial use rather than a public purpose <br /> use. The only way to be certain on this issue would be to seek a new Attorney General's opinion <br /> on this specific question. <br /> • 2. Probably not. There are no facts to suggest that allowing a billboard on the <br /> involved property (or on other properties within a particular district) would totally or <br /> substantially diminish the value of the golf course property or abutting properties. This may <br /> depend, however, on the characteristics and location of the billboard. <br /> 3. Possibly, if the property is zoned for "business, industrial, or commercial <br /> activities." If the property where an advertising device is to be placed meets the requirements of <br /> Minnesota Statutes Chapter 173 and the City Code, the advertising device would appear to be <br /> permitted. <br /> FACTS <br /> The state of Minnesota (State) acquired a parcel of land for trunk highway purposes. The <br /> property is mostly wetland and floodplain and is located within a conservancy, recreation, and <br /> protection district. After deciding that it had no need for the property, the State by special <br /> legislation transferred the property to the city of Mounds View (City) pursuant to a quit claim <br /> deed. That deed contains a provision that the property must be used for a public purpose; <br /> otherwise, the property would immediately revert back to the state. The city is currently using <br /> the property as a golf course and is interested in placing a billboard or other advertising structure <br /> thereon. <br /> ANALYSIS <br /> • I. Deed Restriction--Public Purpose <br /> SJR-168870 <br /> MU210-1 <br />
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