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<br />. ' <br /> <br />J <br /> <br />~ <br /> <br />J <br /> <br />./\~ <br /> <br />June 14, 1995 <br /> <br />FROM: <br /> <br />City Council <br />steve sarkoz~ fr <br />SEABERG BILLBOARD--FAIRVIEW AT COUNTY ROAD D <br /> <br />TO: <br /> <br />SUBJECT: <br /> <br />cc: <br /> <br />Dennis Welsch <br /> <br />In response to a City Council concern, staff has investigated the <br />termination of the billboard at County Road D and Fairview, which <br />was the subject of City Council action in November of 1991. At <br />that time, the City Council approveq an Interim Use Permit to <br />allow the billboard located at 3104 Fairview Avenue N. to exist <br />for no longer than one year. <br /> <br />A follow-up on that Council action occurred on November 3, 1992. <br />Discussions occurred between Mr. David Seaberg (owner of the <br />property) and our City Attorney's office. Our City Attorney has <br />advised that the billboard lease between Naegele and Mr. Seaberg <br />could not be broken by a City ordinance or an Interim Use Permit. <br />The city is now investigating the length of the current lease. <br /> <br />The city Attorney has advised that the only means of compelling <br />compliance with the City's ordinance is to buyout the <br />undepreciated value of the billboard and the cash value of the <br />remaining lease (lost profits) . <br /> <br />Given the direction of the City Council in 1991 and the ongoing <br />nature of the lease, staff will be investigating the buyout of <br />the remaining billboards in the City. Information will be <br />submitted to the City Council in the near future. <br /> <br />Respectfully submitted. <br /> <br />Attachment <br />