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36 be required if the City Manager determines the proposed dynamic display billboard 37 could have a determent; visual impact on a residence, residential neighborhood, city 38 park, or other public open space. 39 40 City staff have reviewed the plans and find that the billboard to be converted does not 41 exceed 100% of the existing copy area; the location of the existing billboard is greater than 42 500 feet from a residential use; the existing billboard lies within 150 feet of Interstate 35W; 43 the proposed converted billboard will not exceed an overall height of 35 feet; and the 44 proposed billboard does not require a visual impact study. 45 46 Given this is the first request under the newly adopted ordinance, a few items must be 47 resolved and require City Council consideration and/or approval. First, the ordinance 48 requires an agreement with the City concerning the design and operation of the new 49 dynamic display, which shall include the requirement for use of the billboard for public 50 service announcements. The City Attorney has drafted the agreement and recommends it 51 be authorized by the City Council. The agreement is provided as Attachment 3, the 52 language of which has been agreed upon by the City Attorney and Clear Channel. 53 54 As it relates to the agreement, the City Attorney is recommended a policy be established 55 regarding the content the City intends to advertise on the electronic billboard. The policy 56 has been developed by Communications staff and generally consists of the following terms: 57 Message prioritization guidelines 58 External agency requests 59 Legal compliance 60 Message standards 61 Request process 62 63 The policy has been reviewed by the City Attorney and is provided as Attachment 4 and 64 would be administratively implemented. 65 66 Lastly, at the time of City Council approval of the various amendments to the standards 67 applying to dynamic display signs, the Council changed the duration time from the Clear 68 Channel requested eight-seconds to 12 seconds (code was originally set at 25 69 seconds). In making this change, the parenthetical reference to “9,000 eight-second spots” 70 remained in the adopted ordinance. Given 9,000 spots will no longer be valid using an 12- 71 second duration time, staff suggests this reference be stricken from the code. Please note, 72 the twenty hours will remain so even though the duration time has been increased, the time 73 allotted to City messaging remains unchanged. Given the public hearing regarding this 74 matter was already held, and this change is technical in nature to align with the previous 75 approval, another public hearing/Planning Commission consideration isn’t necessary. Staff 76 are recommending the Council adopt an ordinance, provided as Attachment 5, reflecting 77 this language correction. 78 79 The permit request for the dynamic display billboard conversion will not be issued until the 80 Agreement, Policy, and Ordinance correction have been addressed. 81 82 Page 2 of 3 Qbhf!256!pg!385