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Mounds View City Council December 13, 1999
<br />Regular Meeting Page 17
<br />interim use, Section 462.3597, however, this is usually applied in terms of a Zoning Ordinance,
<br />and this matter has been incorporated into the Sign Ordinance. He indicated that language could
<br />. possibly be added to this particular ordinance, which would restrict the conditional use permit,
<br />and allow this matter to proceed at this time.
<br />City Attorney Long noted Page 1, Item a, of the ordinance, which indicates "Any conditional use
<br />permit issued for a billboard shall automatically expire when the lease agreement for the
<br />billboard expires." He explained that this language was originally written under the assumption
<br />that the billboards would be located on City property, and the City would control the leases. He
<br />stated the City could enter into a lease agreement, as the owner of the property, and require that a
<br />billboard only exist for a specified amount of time. He explained that this rime restriction could
<br />be clarified in the lease, thereby providing notice to all parties in advance, however, this would
<br />not address privately owned property. He pointed out that language to this effect could be added
<br />to the ordinance, and as this appears to be an interim use provision, language could be added to
<br />the Zoning Code to describe billboards as an interim use in the future, for clarification.
<br />Mayor Coughlin inquired if there was any way to set a sunset date within the ordinance itself,
<br />and not specifically the signage issues, indicating that these proposed changes, unless acted upon
<br />differently by a Council in the future, will automatically cease to exist after a period of time.
<br />City Attorney Long stated this was possible, however, in terms of the amortization of billboards,
<br />it is more important to clarify within the conditional use permit that the permit expires at the end
<br />of 15 years, or the end of the lease period, whichever comes earlier. He advised that it is
<br />necessary to notify the parties that the billboard will come down in 15 years, at the latest, in
<br />order to prevent any property value issues from arising in the future. He pointed out that this
<br />consideration differed from the franchise ordinance, in that it would deal with outside parties.
<br />He indicated that if the Council so desires, this language could be crafted into the conditional use
<br />permit, and reflected in the Zoning Code in the future.
<br />Golf Course Superintendent, John Hammerschmidt stated another option they had considered
<br />was to simply incorporate the 15-year sunset into the lease agreement, with automatic removal
<br />after this time, unless a new permit is issued, since the City has complete control over the lease
<br />and the lease terms.
<br />City Attorney Long stated this was correct, however, this ordinance will allow billboards on
<br />privately owned property as well, and if a competitor offers a 30-year lease, the City will be
<br />forced to compete with this option. He indicated the appropriate policy direction would be to
<br />indicate a 15-year duration on billboards in the specific district. He advised that this could be
<br />accomplished through the State Statutes, with the theory being that things could change in the
<br />district, and the City would not wish to commit for more than 15 years. He explained that in this
<br />manner, the restriction would be consistent for both City owned and private property.
<br />Mayor Coughlin explained that the issue of billboards had evolved out of the necessity to
<br />determine a means to generate additional revenue sources for the golf course. He stated that on
<br />one hand the golf course was wildly successful, and is meeting, and in many ways surpassing
<br />their wildest expectations, in terms of the amount of money that is coming through that
<br />organization. He explained, however, that on the other hand, there is the manner in which a
<br />previous Council decided to fund the bond payments of the golf course, which has created quite
<br />a financial burden for the golf course.
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