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<br />Warn!n E. Peterson <br />Jerome P. Filla <br />Daniel Witt Fram <br />'Glenn A. Bergman <br />John Michael Miller <br />Michael T. Oberle <br />Steven H. Bruns* <br />Paul W. Fahning* <br />Sonja R. Ortiz <br />Amy K. L. Schmidt <br />Ben I. Rust <br />Jared M. Goerlitz <br /> <br />P~ERSCN, <br />FRAM BERGMAN <br /> <br />Suite 800 <br />55 East Fifth Street <br />St. PauL MN 55101~1718 <br />16511291-8955 <br />(651) 228~1753 facsimile <br />www.pfb-pa.com <br /> <br />PROFESSIONAL ASSOCIATION <br /> <br />(651 )290-6907 <br />ifi1!atalofb-oa.com <br /> <br /> <br />August 3, 2007 <br /> <br />James Lehnhoff <br />City Planner <br />City of Arden Hills <br />1245 West Hwy 96 <br />Arden Hills, MN 55112 <br /> <br />RE: Clear Channel Signs <br />Our File No.: 10450.07-5 <br /> <br />James: <br /> <br />I have reviewed Mr. Liszt's memo of July 30, 2007. I disagree with many of his <br />conclusions. <br /> <br />1. Improvement v. Expansion. Mr. Liszt argues that the changes made to one of <br />the Clear Channel signs were either a repair, replacement, restoration, routine <br />maintenance, or an improvement. My view is that the added depth, weight, <br />structural changes and electrical changes necessary to convert the vinyl <br />billboard to a LED billboard collectively amount to an expansion of a non- <br />conforming use. This basic distinction should be kept in mind when <br />reviewing sections A-I, A-2 and 8-1 of Mr. Liszt's memo. The City does not <br />have to permit an expansion of a non-conforming use (M.S. 462.357, Subd. <br />Ie), but in connection with billboard signs the City Council has reserved the <br />rightto allow an expansion in certain cases (see section 4 below) <br /> <br />2. External Lighting. Sign District 7 includes property within the Gateway Zone. <br />The Clear Channel billboards are located within the Gateway Zone. Sign <br />District 7 Regulations indicate that free standing signs can only be lighted <br />externally (Sign Code-Table 1), In the City of Arden Hills external lighting <br />means that the sign is illuminated by means of external light fixtures directed <br />at the sign (Section 1210, Subd. 6). The Clear Channel Sign may have a <br />direct lighting source but it does not have an external lighting source. <br /> <br /> <br />3. State Preemption. Mr. Liszt argues that the Minnesota Outdoor Advertising <br />Control Act (ACT) was adopted to regulate the erection and maintenance of <br />advertising devices on land adjacent to highways. I agree. However, he <br />concludes that the State has preempted this area of legislation. I disagree. <br /> <br />'ALSO ADMITTED IN WISCONSIN <br />