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Clear Channel Report October 8, 2001 Page 2 The applicant has submitted for Council consideration a purchase agreement for additional easement area to permit Clear Channel to expand and maintain the billboard. The terms of this agreement, as submitted, would have Clear Channel purchasing a 55- foot square perpetual easement in return for a one-time payment of $100,000. In staff’s opinion, $100,000 does not adequate compensate the City for perpetually relinquishing the additional easement area. (A perpetual easement would allow Clear Channel to maintain the expanded billboard indefinitely, even though the City actually owns the underlying land upon which the billboard is located.) Staff has suggested to the applicant that a more suitable arrangement might involve $100,000 to be paid up front with annual supplemental payments for a set number of years. At the time this report was drafted, the applicant had not yet responded to staff’s suggestion. If any progress is made in this regard before the Council meeting, I will verbally update the Council as necessary. Planning Commission Action: On September 19, 2001, The Planning Commission unanimously approved Resolution 673-01, a resolution recommending approval of the development review to expand the billboard as shown on the submitted renderings. The Planning Commission felt that the physical and aesthetic improvements in this area justified the approval of an expanded billboard. Recommendation: Based on the interpretation of the Code which would indicate that the sign can be expanded, staff and the Planning Commission recommend approval of a development review to allow for the expansion and aesthetic improvement of the existing Clear Channel billboard, located at 2373 County Highway 10 (former Midland Videen wetland and open space parcel) contingent upon the following: 1. Obtain approval from the City of a Wetland Alteration Permit. 2. Obtain RCWD permit, if necessary. 3. The applicant shall submit a materials board prior to construction for administrative approval. 4. All fees legal and otherwise associated with the easement sale shall be the sole responsibility of the applicant. 5. The City Forester shall review and approve the submitted landscape plan. The applicant shall revise the plan. 6. Execute a renegotiated purchase agreement for the additional easement area. If the City Council concurs with the staff recommendation regarding the expansion and is agreeable to the purchase agreement as submitted, Resolution 5627 is available for Council approval. If the Council is not agreeable with the terms as outlined in the purchase agreement, staff would recommend the Council table the resolution and direct staff to work with the applicant to draft a revised agreement. If the Council is opposed to the expanded billboard and opposed to the sale of easement at any price (or at a price acceptable to the applicant), staff should be directed to draft a resolution denying the