Oakdale wary of new billboard technology City follows trend with moratorium on digital advertising
Katy Zillmer staff writer
They might gaze at them as they drive down the freeway in other communities, but they don't want them in their city.
At the Oakdale City Council meeting last week, that seemed to be the consensus about the new electronic billboards that sprang up recently in Maplewood and other places around the Twin Cities.
For the next year, at the most, a moratorium has been placed on installing digital billboards in Oakdale. It's a move that has become common in recent weeks as other cities in the region have quickly taken measures to prevent digital billboards from popping up along their busy highways.
They have been spurred on by state troopers and police officers across the metro area who say the new signs, which resemble vivid movie-theater screens, are dangerous distractions along congested thoroughfares.
With the moratorium in place, Oakdale city staff will now study safety risks the electronic signs may pose, lighting levels and the frequency with which the advertisements change.
City Council Member Paul Reinke voted against the moratorium only because of its length. He said three months, with the option to add more time later, would be appropriate for staff to complete the study. While Reinke said he "liked" the billboards, he agreed that lighting and the image speed should be studied.
Oakdale's City Attorney Tim Keane proposed the moratorium to the City Council after the recent court decision in Hennepin County that said Clear Channel Outdoor Inc. did not obtain the proper approval for installing two digital billboards in Minnetonka.
"We all know that at least two of the national billboard companies are rolling out significant billboard displays, mostly on the interstate system," Keane said.
Oakdale's moratorium ordinance does not refer to a specific advertising company, only the new digital technology and what may happen if the city's billboards are converted into what amounts to a huge TV screen with images that change every few seconds.
Current billboards located along the interstate in or adjacent to Oakdale are required to be one mile apart in distance. Because of that requirement, according to Keane's report, no new billboards in those areas could be installed. However, with the moratorium the city will also study whether its current sign ordinance should be amended.
Zoning regulations in Oakdale prohibit, "moving, flashing, blinking and intermittent lighted signs." There are some exceptions for electronic message signs with time and temperature information.
Clear Channel is known to have eight of the digital billboards throughout the Twin Cities, including Arden Hills, Minneapolis, Bloomington, St. Paul and Maplewood. Some of these cities have enacted moratoriums as well.
Maplewood city employees say the electronic billboard along Interstate 494 near Carver General Repair shop was installed in December by Clear Channel without their knowledge. Clear Channel did obtain a permit to change the fixtures holding the sign face intact, but made no mention that it intended to install the new LED technology.
The Maplewood City Council has set a Feb. 27 deadline for the sign be returned to its original state or for Clear Channel to apply for a variance to the sign code, which prohibits those electronic structures.
Sign of the times?
Regarding Oakdale, the community is in the enviable position of having time to study the new technology's impact without having any of the billboards currently within its city limits.
Keane said in recent months the League of Minnesota Cities has been helpful in analyzing the electronic billboards' aesthetics and safety impact in the metro area.
"I think the question is whether the speed with which a sign changes over is such a distraction that (it) poses some sort of traffic concern," said Tom Grundhoefer, lead counsel with the League.
By state statute, any sign with images that change at a rate less than once every six seconds is above the allowed off-premise advertising displays motorists should see, according to the Minnesota Department of Transportation. Clear Channel's billboards meet these requirements, with the images changing at eight-second intervals.
Because the technology is considered to still be "new," MnDOT and the Federal Highway Administration are just now pursuing studies on any safety risks the signs present.
For Oakdale, the impact on residential areas was of primary concern, especially with the amount of light the movie-screen sized billboards can release.
With the signs at a level where they are clear to see on a sunny day, Keane said they can be "quite stunning" at night.
Despite some concerns, Oakdale's officials recognized that the new technology likely will appear in the city eventually, even with the moratorium in place.
If the city were to do the opposite, and not impose the moratorium, Keane predicted companies like Clear Channel will implement the new technology where they're allowed.
The attorney also told the council members that it will be a challenge to negotiate with outdoor advertising companies on issues such as the size of the billboards.
"You don't negotiate with billboard companies, period. They fight furiously for any sign, any square footage they can get. They don't budge on anything," Keane said.
However, if the city's limits on size are within the First Amendment rights of outdoor advertising companies, Oakdale could impose that restriction in its ordinances, Keane said.
During the moratorium, applications for any sign with "revolving, moving, flashing, blinking, animated characteristics or any electronic display" will be prohibited.
The League of Minnesota Cities has not taken a position of agreement or disagreement with regard to the signs, Grundhoefer said. "I don't think a lot of cities have yet decided what it (even) means to them," he added.
Katy Zillmer can be reached at kzillmer@lillienews.com or at 651-748-7822.
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