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Home My WebLink About2006 [12] Dec 07 {Book 39} CITY OF ST. JOSEPH Administrdtor Judy Weyrens MdYor Richdrd Cdrlbom Councilors AI Rdssier Ross Rieke Renee Symdnietz Ddle Wick www.cityofstjoseph.com St. Joseph City Council December 7, 2006 7:00 PM 1. 2: 3. Call to order Approve Agenda Consent Agenda a. Minutes - Requested Action: Approve the minutes of November 16 and 30, 2006. b. Bills Payable - Requested Action: Approve check numbers 038128 - 038197. c. Interim Use Permit - Requested Action: Accept the recommendation of the Planning Commission and issue an Interim Use Permit to Ryan Lieser, 403 1 sl Avenue NE, allowing an owner occupied rental. d. Gambling Application ~Requested Action: Accept the Lawful Gambling Premises Permit Application for the St. Joseph Lions to conduct gambling at the La Playette, 19 College Avenue N, St. Joseph, MN 56374. e. Annual Liquor Licenses - Requested Action: Approve the annual liquor licenses to include OnlOff Sale Non-intoxicating liquor, Cigarette Licenses, Amusement and Entertainment Licenses. . f. Change Order - Requested Action: Authorize execution of Change Order #3 for the Centennial Park Project replacing the seeding with sod. Additional contract price of $1,956~ g. Application for Payment - Requested Action: Approve Pay Application #2 for the Centennial Park Pavilion Project and authorize payment to W. Gohman Constrnction in the amount of $56,122.00. h. Application for Payment - Requested Action: Approve Pay Application #9 for the Water Treatment Plant Project and authorize payment to John T. Jones Construction in the amount of $409,988.99. \. Application for Payment - Requested Action: Approve Pay Application #8 for the 2005 Hill Street/3rd Avenue SW Improvements and authorize payment to R.L. Larson Excavating in the amount of $38,166.72 J. Application for Payment - Requested Action: Approve Pay Application #2 for the 2006 8th Avenue NE Improvement Project and authorize payment to C & L Excavating in the amount of $56,930.48. k. Equipment Purchase - Requested Action: Authorize the purchase of a camera for the Council Chamber at an estimated cost of $ 2,500. 4. Public Comments to the Agenda 5. 7:00 PM 6. 7:05 PM Truth and Taxation - Continuation Hearing Delinquent Utility Bill Hearing 7. Zoning Ordinances - Amendmentsl Adoption 8. Mayor Reports 9. Council Reports 10. Administrator Reports a. Funds Transfers b. Joint Powers Agreement- Regional Sales Tax c. SCA W AC Report 11. Adjourn 2.) College Avenue North' PO Box 668 . Sdint. joseph, Minnesotd ,,6,74 Phone ,2.0.,6,.72.01 FdX ,2.0.,6").0'4-2. ST. JOSEPH CITY COUNCIL DECEMBER 7,2006 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME ADDRESS 1. ~/ ~ ~rt~1)~tvU ~ll~~ ~ .~ .. ~~. VdJlsh/n'? ~ lLjC)l,J6s7/20H , '\.. 2. lot:; - 21vi2 kruQ $ ~ I /fo9 ,yvW /Jue If':'U t'( "<- f'( 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. ~.'~.'~~ 2007 Budget Summary Tax Levy Submitted September 15, 2006 Reduction from October 988,569 (30,958.00) 957,611.00 Suggested Reductions - November 21 EDA Fund Balance Reduction Building Inspection Reduction (15,000.00) (15,000.00) 927,611.00 Suggested Reductions - After TNT Hearing Potential Health Insurance Reduction Potential Capital Reduciton (10,000.00) (10,000.00) 907,611.00 2006 Tax Capacity Rate 48.577% Tax Capacity Rate - September 15 52.112% Tax Capacity Rate - October 51.096% Tax Capacity Rate - November 21 50.112% Suggested Tax Capacity Rate - December 21 49.46% Proposed 2007 Tax Capacity Rate Increase 0.879% 2006 2007 . Sept 2007. Oct 2007. Nov 2007 . Dee Tax % Rate 48.577 52.112 51.096 50.112 49.460 Home Valuation 2006 2007 . Sept 2007. Oet 2007. Nov 2007 . Dee 100,000 485.77 521.12 510.96 501.12 494.60 (8.83) 150,000 728.66 781.68 766.44 751.68 741.90 (13.25) 200,000 971.54 1,042.24 1,021.92 1,002.24 989.20 (17.66) 250,000 1,214.43 1,302.80 1 ,277.40 1,252.80 1,236.50 (22.08) . November 16, 2006 Page 1 of 4 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, November 16, 2006 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Renee Symanietz, City Administrator Judy Weyrens City Representatives Present: City Engineer Tracy Ekola Others Present: Ellen Wahlstrom, Thomaseth Scheeler, Bob Wahlstrom, Kate Zinner, Mike McDonald Approve Aqenda: Symanietz made a motion to approve the agenda as presented; seconded by Wick and passed unanimously. Consent Aqenda: Rassier made a motion to approve the consent agenda as follows: a. Minutes - Approve the minutes of November 2 and 9,2006. b. Bills Payable - Approve check numbers 038032-038124: c. Final Plat Extension - Accept the request to extend the execution date for the final plat for Crescent Hills from October 23, 2006 to November 30, 2006. d. Gambling Application - Accept the Lawful Gambling Application for the Church of St. Joseph for an event to be held at the Church of St. Joseph on July 3,2007. The motion was seconded by Symanietz and passed unanimously. Public Comments to the Agenda Ellen Wahlstrom, 409 ffh Avenue NE, approached the Council with some questions pertaining to the St. Joseph Transportation Plan. She stated that she attended the open house held on November 15, 2006. At that meeting, it was stated that the maps that were on display were the results of 3 stakeholder meetings held earlier this fall. Wahlstrom questioned the makeup of the stakeholders. Weyrens stated the stakeholder cornmittee consists of the following: Business Representatives: Greg Reinert, John Meyer, Joe Leach Resident Representatives: Mike McDonald, Roger Buening, Margie Hughes Stearns County: Mitch Anderson City of Waite Park: Bill Schluenz St. Joseph Township: Matt Symalla City Representatives: Ross Rieke, Gary Utsch, Cynthia Smith-Strack, Dick Taufen, Judy Weyrens Wahlstrom added that residents were to submit comments to the City; however she questioned what the next step would be. Carlbom stated that the purpose of the Public Input meeting was to show the results of what the stakeholders have done so far. They have been working on a big picture of the transportation plan for the City. This study is in addition to the other Transportation Studies that are currently in progress. Citizens are urged to provide written comments regarding the draft plan which will then be incorporated into a draft report that will be submitted to the Council for review and comment. Wahlstrom concluded by stating that there was an inappropriate amount of notice for the Open House. North Corridor Update: Weyrens advised the Council that North easUwest corridor study is ready to move to the environmental phase for evaluation. However, before the study can move forward the Council must consider an amendment to the contract between the City of St. Joseph and SRF. Symanietz reported that the Technical Advisory Committee (TAG) has meet and reviewed the proposed contract amendment. In reviewing the contract documents it was noted that additional funds will be required to finish the environmental review process. SRF presented TAG with a brief financial summary illustrating that excess funds from the completed process can be shifted to pay for a portion of the additional environmental documents. Weyrens stated that it is anticipated that the funding gap will be approximately November 16, 2006 Page 2 of 4 $ 68,000. Of that shortfall, Stearns County will pay a proportionate amount based on the mile of road that is County responsibility. Symanietz also added that, at the previous Council Meeting, the Council accepted the preferred alternative with two options on the northern section between County Road 2 and County Road 133. Weyrens stated that since that time, the Project Management Team (PMT) is requesting a third alternative be reviewed for said section. During the public comment period residents within the corridor have requested the City consider moving the corridor to the north property line. After reviewing the topography it appeared as though the alternative would be as conceivable as the other two alternatives. Ekola stated that with the additional option, there would be no additional property owners affected. Weyrens advised the Council of the additional costs that will be incurred. She stated that there would be an additional cost to the City if the City wanted to pursue an urban street section for the realignment of County Road 2 South. The urban design section would include storm water, ponding and curb and gutter. The County Engineer, Mitch Anderson, has indicated that he does not support constructing an urban section as the road is located in the Township and additional costs would be incurred. Carlbom stated that it is his understanding that Anderson is also concerned with the speed of the road if designed as an urban section. Rassier added that, when constructing new roads, it is important to look at the future growth and land use of surrounding properties. With the possible annexation of this area for commercial development, it makes sense to construct the street section with an urban design: Weyrens stated that the PMT is recommending the Council authorize three environmental processes for the North easVwest corridor. The alternatives are as follows: Re-alignment of CR 2 to CR 75 CR 2 between CR 3 and CR 133 CR 133 to Ridgewood Road EAW - Funded,by Stearns County. EA - Joint funding - City/County/APO EAW - Funded by Developer and City Weyrens presented the following financial summary: Estimated cost of three environmental documents Remaining contract balance Additional Funds need for environmental documentation $153,910 $100.978 $ 52,932 Cost of optional services selected by PMT for design changes and cost analysis $ 15,834 Total cost of contract amendment $ 68,766 Weyrens clarified that the optional services include the following: Evaluation of the potential third alternative and construction cost for the urban street design. Council members requested additional information on contract amendment including the base contract price. Weyrens agreed to provide additional information at the November 21, 2006 Council meeting. Wick made a motion to table the amendment to the SRF Contract for the North Corridor Study until November 21, 2006. The motion was seconded by Symanietz and passed unanimously. MAYOR REPORTS APO Meetinq: Carlbom stated that he attended the APO Meeting at which they discussed two personnel policies. 1 . Retirement health care 2. How Vacation and Sick time is accrued. Area Cities Meetinq: Carlborn reported that he attended the Area Cities Meeting in Sartell along with the other City Council members. The two items that were addressed included: November 16, 2006 Page 3 of 4 1. How different cities are moving forward with their:V2 cent sales tax since it was approved during the elections. 2. S1. Cloud Wastewater Treatment Plant Expansion project. EDA Meetinq: Carlbom stated that he also attended the EDA meeting at which they discussed the proposed Highway 75 redevelopment project and the contract extension with Municipal Development Group (MDG). The EDA has recommended approval of the contract for EDA services with MDG through December 2007. LELS: Carlbom also stated that he and Rassier have meet with LELS regarding the 2007-2008 Labor contract. COUNCIL REPORTS SYMANIETZ Meetinqs: Symanietz reported that she attended the following meetings: · LMC Planning Committee Meeting Meeting to canvas the election results of November 7,2006. · Area Cities Meeting in Sartell WICK Downtown Committees: Wick reported that the Promotional Group has been working on a Marketing and Communication Plan. They are in the process of trying to get information out to the public. The Urban Environment Group has been working on the exterior designs for the buildings downtown. RASSIER Chamber of Commerce: Rassier stated that there would be a Chamber Decorating Contest for the Holiday Season. He stated that there would be information available in the Newsleader. ADMINISTRATOR REPORTS Ordinance Updates: Weyrens reported that staff is recommending approval of the following Ordinances: 104 - Nuisance Ordinance reqardinq licensinq and requlation of animals: Weyrens stated that the changes to this Ordinance are a result of a severe dog bite in St. Joseph earlier this year. This Ordinance did not require Planning Commission approval or a Public Hearing. She stated that City Staff as well as the Police Chief have approved the changes. Symanietz made a motion authorizing execution of Resolution 2006-038 approving the amendment to Ordinance 104 as well as authorizing the publication of the Ordinance Summary. The motion was seconded by Wick and passed unanimously. Weyrens clarified that all dogs within the City limits are required to obtain an annual dog license. The license fee is $ 10.00 and must be secured before June 1 of each calendar year. The application for license requires submission of proof of rabies vaccination. 112 - ReQulatinq Exterior Solid Fuel-Fired Heatinq Devices: Weyrens stated that the proposed Ordinance would regulate the use of Outdoor fuel devices. In discussing the proposed Ordinance with the Building Official, he indicated that if the setback is less than the proposed 75 feet the Ordinance does not make sense. The intent of the Ordinance is to allow fuel burners for large lots lessening the impact to surrounding properties. The proposed Ordinance does not eliminate alternative fuel burners and may different options are available such as corn burners. Indoor heating devices are smaller and are vented through the furnace in the home. Carlbom stated that he does not see a need for this type of Ordinance in the City. Rassier stated that he, on the other November 16, 2006 Page 4 of4 hand, believes that the City needs an Ordinance for this type of activity as it affects the neighborhoods in the community when someone has an exterior fuel-fired heating device. Rassier made a motion authorizing execution of Resolution 2006..039 approving the adoption of Ordinance 112 and causing the same to be published. The motion was seconded by Symanietz and passed unanimously. Refundino Resolution: Weyrens stated the originally the Council had anticipated funding the 8th Avenue Improvement through the First State Bank. Since that time it has been determined that the City will be issuing bonds for the reconstruction of Jade Road. With that information it makes sense to combine bonds and issue one bond for multiple projects. To combine the financing the City must pass a refunding resolution verifying that the when the City bonds in 2007 the improvement cost for the 8th Avenue project will be added to the issuance. Rassier made a motion authorizing execution of Resolution 2006- refunding the improvement costs for 8th Avenue NE. The motion was seconded by Symanietz and passed unanimously. Budoet Meetino: Weyrens reminded the Council of the budget meeting scheduled for November 21,2006 at 5:00 PM. At 6:00 PM, the Council will discuss the previous noise violations and rental housing issues at 29 E Minnesota Street. Adiourn: Wick made a motion to close the open meeting at 7:35 PM; seconded by Symanietz and passed unanimously. Judy Weyrens Adm in istrator City of St. Joseph Bills Payable - November 30,2006 Check # Search Name Comments . Amount FUND DEPART OBJ 038128 EFTPS Reg pp 24 Fed Tax $3,179.53 101 038128 EFTPS Regpp 24 SS $2,379.72 101 038128 EFTPS Reg pp 24 Medicare $967.98 101 038129 COMMISSIONER OF REVENUE Reg pp 24 State Tx $1,425.70 101 038130 PERA retirement pay-Reg pp 24 $4,897.26 101 038131 ING LIFE INS & ANNUITY COMPANY deferred comp pay-Reg pp 24 $225.00 101 038132 POSTMASTER November billing $115.38 601 49440 322 038132 POSTMASTER November billing i $115.37 602 49490 322 038132 POSTMASTER November billing $115.37 603 43230 322 038133 OFFICE DEPOT paper $42.40 101 42120 200 038133 OFFICE DEPOT paper"card stock, printer ribbons $63.29 101 41410 210 038133 OFFICE DEPOT paper-card stock, print cartridge & ribbons $126.20 101 41410 210 038133 OFFICE DEPOT pens, highlighters $36.92 101 41410 210 038133 OFFICE DEPOT hand calculator, batterie $50.33 101 41410 210 038133 OFFICE DEPOT shredder, headset $204.80 101 41430 200 038134 JONAS, JERRY 3 Picnic Table Slabs in Parks $210.00 205 45203 531 038134 JONAS, JERRY Maintenance Shop slab $7MO 101 45201 220 038134 JONAS, JERRY Picnic table slab $70.00 101 41942 220 038135 PEORIADESIGNWEB.COM scj1eduling system $200.00 101 45202 300 038135 PEORIADESIGNWEB.COM scheduling system $100.00 105 42281 300 038136 STAMP FULFILLMENT SERVICES postage-envelopes $100.00 150 46500 322 038136 STAMP FULFILLMENT SERVICES postage-envelopes $558.05 101 4143.0 322 038137 ST. CLOUD AREA CHAMBER 2007 Evening atthe Capitol $10.00 101 41310 331 038138 A-1 TOILET RENTAL Northland & Memorial rental-Nov $138.45 205 45203 531 038139 ACCLAIM BENEFITS-REIMB Med reimburse #1454 $706.00 101 038140 ALEX AIR APPARATUS, INC POSI Check-10 units $683.00 105 42220 220 038141 ALL CARE TOWING tow Chevy Camaro Blk $40.90 101 42152 220 038142 AUTO VALUE PARTS STORES - WEST filters $158.62 101 43125 220 038142 AUTO VALUE PARTS STORES - WEST tail/turn/brake lamps-plow trucks $16.80 101 43125 220 038142 AUTO VALUE PARTS STORES - WEST floor dry $20.88 101 45202 210 038143 CENTRAL MCGOWAN Med Oxygen & Cyl for New Squad Car $123.28 101 42152 210 038143 CENTRAL MCGOWAN Argon/Co2 $69.98 101 45201 210 038144 CHADER BUSINESS EQUIPMENT digital recorder $319.93 101 42120 240 038145 CITY OF ST. CLOUD Stormwater Education Project $200.00 651 49900 331 038146 COLD SPRING VETERINARY CLINIC kennel fees-Nov $74.55 101 42700 300 038147 COMPLETE ELECTRONICS phantom microphone $300.67 101 41950 230 038148 CUMMINS NORTH CENTRAL, INC replaced heater on generator $152.23 602 49480 220 038148 CUMMINS NORTH CENTRAL, INC replace generator $2,504.14 105 42280 220 038149 EARL F. ANDERSEN, INC 12 pair-BR-95 Bracket $91.77 438 43120 530 038150 ETSHOKIN, L RICHARD reimbursement physical exam $95.50 101 42120 300 038150 ETSHOKIN, L RICHARD reimbursement enforcement evaluation $400.00 101 42120 300 038151 GENEROUS, MARY supplies $16.05 101 41430 200 038152 GRAEVE, JAMES 7 Planning Comm Mtgs $210.00 101 41120 103 038153 GRANITE ELECTRONICS Equipment installation to new car 6002 $1,902.83 490 42152 550 038154 HAWKINS WATER TREATMENT Inluent BOD Test $51.1 0 602 49480 312 038154 HAWKINS WATER TREATMENT Lead Sample $25.60 602 49480 312 038154 HAWKINS WATER TREATMENT Phosphorus Test $24.80 602 49480 312 038155 HENRYS WATERWORKS INC meters & connections $1,444.25 601 49430 210 038156 INTOXIMETERS 2000 mouthpiece $439.31 101 42120 210 038157 KALINOWSKI, KATHLEEN S. 7 Planning Comm Mtg $245.00 101 41120 103 038158 KEEPRS, INC/CY'S UNIFORMS o Krippner-Clothing $53.20 101 42120 102 038158 KEEPRS, INC/CY'S UNIFORMS bi-pin bulb, clipboard $79.66 101 42120 200 038158 KEEPRS, INC/CY'S UNIFORMS gear bag $48.94 101 42120 240 038158 KEEPRS, INC/CY'S UNIFORMS flashlight cone, safety wand $27.53 101 42120 240 038158 KEEPRS, INC/CY'S UNIFORMS Rain Jkt, Cargo Pants, T-Neck-J Klein $388.04 101 42120 171 038159 KENNEDY & GRAVEN, CHARTERED Meadowvale . project $1,197.69 425 43122 530 038160 LEE'S ACE HARDWARE supplies $41.69 101 41942 210 038160 LEE'S ACE HARDWARE supplies $33.75 602 49450 220 )38160 LEE'S ACE HARDWARE supplies $107.39 105 42250 230 Page 1 . City of St. Joseph Bills Payable - November 30,2006 Page 2 Check # Search Name Comments Amount FUND DEPART OBJ 038160 LEE'S ACE HARDWARE supplies $21.92 101 42120 220 038160 LEE'S ACE HARDWARE supplies $9.61 601 49440 220 038160 LEE'S ACE HARDWARE supplies $7.43 101 43120 220 038161 LESNICK, MARGE 7 Planing Comm mtgs $245.00 101 41120 103 038162 L1NGL, GREG & JULIE cleaning service-November $280.00 101 41942 300 038163 LOSO, BOB 11 Planning Comm Mtgs $385.00 101 41120 103 038164 LOSO,NATHAN 4-meetings $120.00 161 41950 103 038165 MACQUEEN EQUIPMENT Strobe Light #90 Snowplow $115.94 101 43125 220 038166 MAIER TYPEWRITER SERVICE Fax toner $92.61 101 41430 200 038166 MAIER TYPEWRITER SERVICE Printer Toner $134.08 150 46500 200 038167 MELROSE MOTOR, INC. oil pan plugs $21.24 101 43120 220 038167 MELROSE MOTOR, INC. fuel tank straps & bolts $155.58 101 43125 210 038168 MENARDS Plow Marker $41 .30 101 43125 210 038168 MENARDS Garbage Cans-Main St $47.04 101 43120 210 038169 MILLS FLEET FARM hand cart for elections $53.49 101 41410 210 038170 MINNESOTA BENEFIT ASSOCIATION J Klein-Insurance Dec $38.84 101 038171 MINNESOTA ELECTRIC SUPPLY CO "U" Shaped light bulbs $647.18 101 41942 220 038172 MINNESOTA TRAVEL MANAGEMENT lease 6073 $1,009.98 101 42152 210 038172 MINNESOTA TRAVEL MANAGEMENT lease 5556 $903.96 101 42152 210 038172 MINNESOTA TRAVEL MANAGEMENT lease 5244 $919.15 101 42152 210 038173 MN DEPARTMENT OF HEALTH 4th Quarter State Wtr Connection Fee $1,752.00 601 49440 444 038174 M-R SIGN CO., INC. street signs-2006 St Project $149.64 438 43120 530 038174 M-R SIGN CO., INC. street sign assembly $92.06 438 43120 530 038174 M-R SIGN CO., INC. street sign assembly $46.02 440 43120 530 038174 M-R SIGN CO., INC. street signs-8th Ave Projectc $153.91 440 43120 530 038175 MUNICIPAL DEVELOPMENT CORP eda contract hours-October $2,236.08 150 46500 300 038176 NCPERS GROUP LIFE INSURANCE life insurance-Deceber $9.00 101 038177 PITNEY BOWES postage rental & postage $293.29 101 41430 322 038177 PITNEY BOWES postage rental $86.31 101 42120 322 038178 PRINCIPAL LIFE Dental & Life Ins-December $2,135.67 101 038179 REBER, MARGE reimbursement for driveway $246.00 438 43120 530 038180 RENGEL PRINTING parking tickets $355.51 101 42120 210 038181 SAFETY TRAIN, INC safety earbands $20.00 101 43120 212 038181 SAFETY TRAIN, INC safety earbands $20.00 601 49440 212 038181 SAFETY TRAIN, INC safetyearbands $20.00 602 49490 212 038182 SEH water tank evaulation $2,646.00 601 49410 303 038182 SEH Graceview 3 $734.19 101 43131 303 038182 SEH water treatment plant construction $37,045.30 434 49440 530 038182 SEH Sanitary Sewer System $217.34 602 49450 303 038182 SEH Hillstreet & 3rd Ave $808.83 433 43120 530 038182 SEH Morningside Acres $234.20 101 43131 303 038182 SEH Ponview 9 $179.00 101 43131 303 038182 SEH 2006 Trunk Water Main $3,900.61 434 49440 530 038182 SEH 2006 Street Improvements $20,280.23 438 43120 530 038182 SEH Centennial Park $142.23. 205 45203 531 038182 SEH Cloverdalelmprovements $128.20 431 43120 530 038182 SEH 8th Ave NE Improvements $4,943.13 440 43120 530 038182 SEH General Engineering $143.00 101 43131 303 038182 SEH Northland Heights $5,876.63 435 49450 530 038182 SEH Liberty Pointe 2nd Add $1,003.70 101 43131 303 038182 SEH 2006 Capital Improvement Plan $201.00 101 43131 303 038182 SEH Misc Engineering Services $935.00 101 43131 303 038182 SEH 2006 Sealcoating $70.30 490 43120 530 038182 SEH 2007 Storm Sewer Imprv $1,770.12 651 49900 303 038182 SEH CSB Sanitary Sewer $4,416.23 602 49450 303 038182 SEH Citywide Transportation Plan $11,157.30 101 43131 303 038183 SPRINGSTED INCORPORATED : Classification & Compensation Review $10,500.00 101 41430 300 038184 SPRINT 3 mobile untis $153.30 101 42151 321 038185 SRF CONSULTING GROUP INC North Corridor & CSAH 2 $4,967.42 435 49450 530 ~~ City of St. Joseph Bills Payable - November 30, 2006 Check # Search Name Comments Amount FUND DEPART .OBJ 038186 ST. CLOUD BOYS & GIRLS CLUB 2005 Summer Ree program $2,500.00 101 49200 430 038186 ST. CLOUD BOYS & GIRLS CLUB 2006 Summer Ree program $2,179.00 101 49200 430 038187 ST. JOSEPH NEWSLEADER Loso's addition $54.00 101 41120 340 038187 ST. JOSEPH NEWSLEADER Ordinance 52.27 printing $72.00 101 41130 340 038187 ST. JOSEPH NEWSLEADER Loso's addition $30.00 101 41120 340 038187 ST. JOSEPH NEWSLEADER Ordinances $60.00 101 41130 340 038187 ST. JOSEPH NEWS LEADER Park Board vacancy $24.00 101 41120 340 038188 STEARNS COOPERATIVE ELEC. Oct Usage $47..58 602 49472 381 038188 STEARNS COOPERATIVE ELEC. Oct Usage $49.75 602 49471 381 038188 STEARNS COOPERATIVE ELEC. Oct Usage $371.51 101 45201 381 D38188 STEARNS COOPERATIVE ELEC. Oct Usage $45.50 602 49480 381 338188 STEARNS COOPERATIVE ELEC. Oct Usage $537.75 101 43160 386 :)38188 STEARNS COOPERATIVE ELEC. Oct Usage $48.59 602 49473 381 :)38188 STEARNS COOPERATIVE ELEC. Oct Usage $13.50 101 43160 386 338188 STEARNS COOPERATIVE ELEC. Oct Usage $33.00 101 43160 386 338189 SUNSET MFG CO., INC. braided hose $21 .40 601 49410 220 338190 TOS METROCOM telephone $55.34 602 49472 321 338190 TOS METROCOM telephone $55.34 602 49473 321 338190 TOS METROCOM telephone $53.33 101 41941 321 )38190 TOS METRO COM telephone $89:19 602 49490 321 )38190 TOS METROCOM telephone $226.18 101 41430 321 )38190 TOS METROCOM telephone $55.66 101 41946 321 )38190 TOS METROCOM telephone $272.53 101 42151 321 )38190 . TDS METROCOM telephone $189.29 101 45201 321 )38190 TOS METROCOM telephone $53.34 602 49471 321 )38190 TOS METROCOM telephone $100.53 105 42250 321 )38190 TOS METROCOM telephone $100.26 602 49470 321 )38190 TOS METROCOM telephone $57.92 601 49440 321 )38190 TOS METROCOM telephone $41.01 150 46500 321 )38191 TRAUT WELLS Water samples-6 samples $114.00 601 49420 312 )38192 US CABLE Internet service-December $49.95 101 41430 321 )38192 US CABLE Internet service-Dee $39.95 105 42250 321 )38193 VERIZON WIRELESS cell phone-December $44.76 105 42250 321 )38194 WEYRENS, JUDY supplies $40.05 101 41430 200 )38195 WSB & ASSOCIATES, INC Field Street Corridor $1,205.43 .435 43120 530 )38196 XCELENERGY November usage $350.06 105 42280 383 )38196 XCELENERGY November usage $116.89 101 45201 383 )38196 XCELENERGY November usage $34.98 101 45201 381 )38196 XCELENERGY November usage $170.23 101 43160 386 )38196 XCELENERGY November usage $118.78 101 45202 381 )38196 XCELENERGY November usage $431.87 105 42280 381 )38197 ZEP MANUFACTURING Hand'towels, Hand Cleaner, zep-o-shine $139.52 101 45202 210 )38197 ZEP MANUFACTURING . Hand towels, Hand Cleaner, zep-o-shine $139.52 101 43120 210 )38197 ZEP MANUFACTURING Hand towels $51.87 101 41942 210 $163,500.29 Page 3 ergency calls from 6-1-2006 thni 11-30-2006 St. Joseph Volunteer Fire Department ST JOSEPH, MINNESOTA 56374 2006 2005 Emergency calls Drill hours (794.5) Chiefs salary Ass'tchief salary Secretary's salary Treasurer's salary $17,925.00 7,945.00 1,250.00 750.00 150.00 290.00 $28310.00 $19,250.00 (1063.5) 10,635.00 1,250.00 750.00 150.00 290.00 $32325.00 City ofSt Joseph calls 89 St Joseph township calls 46 St Wendel township calls 17 Mutual aid calls JL Total calls 152 Medical calls 200 Fire calls 71 271 Submitted by: Randy Torborg. 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CD 01 CD 01 3 0l0l1U ~ ~Ol 01 ::J~::::1 ~ CD 008 - -0 -0 ~-~ - = 00 0 0 ~ ~ - "-' "-"" '-'....... "-' "-' '-'" oooooooomooomoooooooooooomomomooommonmooomoo ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~ ~~~~ ~~~~ ~~ ~ ~ ~~ ~ ~~mw~mm~w~~om~~~~~~~~owoom~~m~~mo~m~o 0000000000000000000000000000000000000 0000 N(OOO .... .... .... N(OOO .... ........ z-z-z-I- .- .- .- .., UUU(I) - ~ CU JQ Ul (ij(ijCU- OOc>fj :o:o'(j;':o 0>0>....0> :iE:ELL::iE ....I"-(O('t) O....c:"!..- r:...:6..-6 ..-........N ~~~~ 0000 NNNN -.... -.... -.... ........ 0(0)00 NN('t)('t) ,.........-....-.... or- -r- ~ or- ~~~~ Zw ~ =:; U5 z>..... 0>0><(C:: > > 0> 0 <(<(c>E "0:50>0> c:: -.... N(oO.!!! I"-....()U 0....1010 I"-..-NIO 0(0)0..- (0(01"-1"- NNNN I Attachment: Yes or No REQUEST FOR. COUNCIL ACTION Consent Agenda Interim Use Permit - Leiser DATE: June 15, 2006 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Interim Use Permit - Requested Action: Accept the recommendation of the Planning Commission and issue an Interim Use Permit to Ryan Lieser, 403 _1st Avenue NE 1tllowing an owner occupied rental. PREVIOUS ACTION The Planning Commission conducted a Public Hearing on December 4 , 2006 to consider the request for an Interim Use Permit. Their was no one present at the hearing that wished to speak and the Planning Commission unanimously recommended approval of the Interim Use Permit contingent upon the completion of the rental license process. RECOMMENDED COUNCIL ACTION Accept the recommendation ofthe Planning Commission and issue an Interim Use Permit to Ryan Leiser, 403 - 1 st Avenue NE allowing an owner occupied rental unit. FISCAL IMP ACT COMMENTS/RECOMMENDATIONS The property stated above has been used as a single family rental in the past and has been charged for utility services as a residential use. The Ordinance allows non-conforming use to continue as long as they are not expanded and the use has not ceased for one year. In this case, the single family use would allow an owner occupied rental unit through issuance of an Interim Use Permit. Resolution of finding Ryan Lieser, 403 1st Avenue NE The request of Ryan Lieser for an Interim Use Permit came before the Planning Commission at a public hearing held on December 4, 2006. The purpose of the hearing was to. consider issuance of an Interim use Permit to allow an owner occupied rental unit as a continued single-family use in a Highway 75 Business District. The property is legally described as the 82 of Lots 11 thru 14, Block 23, Loso's Addition according to the plat and survey thereof on file and record in the Office of the County Recorder in and for the County of Stearns and the State of Minnesota located at 403 1 st A venue NE. S1. Joseph Code of Ordinances 52.27. subd 5 allows for an Interim Use Permit as follows: Residential rental provided the unit is owner occupied and provided the room(s) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person and the owner occupying the property as his or her principal residence and must own a fifty percent (50%) or greater interest in the property. The request for Interim Use has been submitted by Ryan Lieser, 403 1 st Avenue NE, S1. Joseph, MN 56374. Notice of this matter was duly served and published. In consideration ofthe information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances ofthe City of S1. Joseph, the Planning Commission makes the following findings: The proposed use is consistent with the standards for granting an Interim Use Permit, St. Joseph Code of Ordinances 52.07.04. Therefore, based on the above fmdings, the Planning Commission makes the following recommendation: Approval of the Interim Use Permit to allow an owner occupied rental as a continued single-family use in a Highway 75 Business District with the following contingencies: 1. The rental license is non-transferable and if the property is sold or the ownership changes so that the aforementioned no longer owns a 50% or greater interest in the property, then the Interim Use Permit is null and void. 2. Approval of the Rental Housing Inspector. 3. The Planning Commission will review the license annually and revoke the license if the property is in violation of the St. Joseph Code of Ordinances. 4. The City Office will place a notice in the S1. Joseph Newsleader when the owner occupied rental licenses are reviewed and will accept public comments. The motion passed unanimously. / !Attachment: Y es[g] or No 0 REQUEST FOR PLANNING COMMISSION ACTION Interim Use Permit DATE: De.cember 4, 2006 AGENDA ITEM: Public Hearing- Interim Use Permit, Owner Occupied Rental Ryan Lieser, 403 1st Avenue NE PREVIOUS ACTION: Previously, the City Offices received a complaint of a rental unit at 403 1 st Avenue NE When complaints are made, a compliance order is sent to the property owner and they have.10 days to respond. Mr. Lieser responded and stated he was unaware that he needed a rental license. Since then, the rental inspector has been has completed an initial inspection of the property. RECOMMENDED BOARD ACTION: Accept the findings of fact and recommend that the Council issue the Interim Use Permit for 403 1 st Avenue NE. COMMENTS/RECOMMENDATIONS: Although this property is not zoned single-family residential, it has been used as a single- faniily residence in the past and the use has not changed. Therefore, this property can continue to be treated as R-1 and the request for an owner occupied rental would be a permitted use. J, I A ' J'\', () ,/\/.... c". 'I.T'Y"... O'....f s-T.. lO"'S.'c'P'H. .. .' tr_~JiJIIJ\...A----~ \,;. I . ".' ~' ...... 'J. '.. ..' . " ..' Vi/WW, cityofsrjoseph,com Public Heariug City of St. Joseph Administrdtor Judy Weyrens The St. Joseph Planning Commission shall conduct a public hearing on Monday, December 4, 2006 at 7:00 PM. The purpose of the hearing is to consider an Interim Use permit to allow an owner,occupied rental at the property described as S2 of Lots 11 thru 14, Block 23, Loso's Addition. Ryan Lieser, 403 1 st A venue NE, St. Joseph, MN 56374 has submitted the request for Interim Use. MdYor Kichdrd Cdflbom Judy Weyrens Administrator Councilors AI R.dssier Koss Rieke Renee SymdnielZ Ddle '\x';'ick 2.) College Avenue North' PO Box 668 Phone- ,::.0 ,1:,-;..;2.0: . Sdint. Joseph, Minnesotd "0174 Fe): ,2. (, I ,0,:.00:42 APPLICATION FO,R INTERIM USE PERMIT CITY OF ST. JOSEPH 25CoUege Avenue NW P. ID..D~~D8,.... .' 'St. ,Jo"S'~ph, MN" 50374 (320)3.63-7201 or.'Fax (320)363-&342 Fee.$ Paid Receipt # Date STATE OF MINNESOTA) )ss COUNTY OF STEARNS) NAME: t!v ~f\ L\ ~ . PHONE~ 1>Lb - 2~b ,. 3'fLi1 5*, J~f\l /VttJ j)~74\ ADDRESS: yo:' t0E p+ Ave IfWe, the undersigned, hereby make the r(jl\owiIlg application to the City Council and PbmniIlg Commission of the City of'St. Joseph, Steams County, Minnesota, (Applicants have tbe responsibility of cbecking all applicable ordinances pertaining to their apj;llication andcornplying with all ordinance requirements): i ?~~\f\a.. \ 1. Applicarioli1 is hereby made for ,ln~rim Use Permit to cond~ctthe following:., \ JSC- , VVwt rJ.'t!!S~&v1\.:lNQ;\ ;~c:. -1:t=> c.. \\()\,,'\ 'rwC eJ. l'\U{ ~'I'\P~S -.b, ILi-"t, ....\.,k~ r,,", 2. Legal descripti~n of land to ?e affected by application, includin~ acreage or sguarf footage ofland involved, and street address, if any (attach additional sheet If necessary): H,A 0 ~ fk' .(:;\V\"~\-e:&..' \ tA S" 'z.e: "7S' X 2:2'l.\ , 2.. 5~1\\ 5o.r~~ 4 I }( ?.:. r, . '. 3, Present zoning of the above described property is: ~ 1- ees~(~V'\ -\. \{:.. \ J f..:;-\Iv""<<: I 4, Name and address of the present owner oithe above described property is:R.cr.tJ\ L\e1:.e.r ~ '0"; S"'" A 5o-\:. , "mlJ (: C;>'!"V\ 'iY\e\{'( i 0.. { - c:.. 7, CllI1 the proposed use, be accommodated_ with exis;mg City service ,without overburdening tj:1e systeni~ E~p,1ll;in: ~.; ""-~ n 4: t.;V\.~~ ~",ua~ M L~{. d. tl t' '; '?"" '\CP S . 4'A"f' fr ~SL... ~\.::" U~&. ' (0".... Attached to tllisappiication and IIlllde a part thereof are other materialllilbliiiSsion data requirements. as indicated. Applicant Signature: ~t~ I ,,-- f "f~~ G,/ Date: IE... (7-0"', Owner Signature: Date: FOR OF'F1CE USE ONLY DATE APPbICA'TION SUBMITIED: DATE APPLICATION COMPLETE: Planning Commission Action: _ Recommend' Approval -----:'Recornmend Disapproval Date of Action Date Applicant/Property Ownernotified of Planning Commission Action: City Council Action: _ Approved _Disapproved Date of Action Date AppJicantIProperty Owner notified of City Council Action:, Sincerely, ~YVt~ Ryan Lieser St. John's University Student Owner of Property Date: October 15, 2006 To: City of S1. Joseph On August 1 st, 2006 I purchased a home within the community located at 403 - 1 st Ave. NE. During the buying process, I was informed by both realtor agents that as long as the home was owner occupied you were allowed to rent. Under those circumstances, I purchased the house and have invited some friends to live with me. In no way am I trying to cheat the system. The house is located in a commercial surrounding. Rental properties are found allover the neighborhood. As of right now lam not using the house as a full rental. I do have aspirations of using it as a fun rental in the future though. I believe adding this property as a rental will only affect the area in a positive way. It allows more students of the college to live closer to campus. It will also produce more economic growth to the surrounding businesses. The house itself is being used the same as it has been for the last fifty years. It will continue to be my personal residential house. I plan on residing the house this summer and doing some much needed landscaping. This alone will make the property look more appealing in the community. Please take these statements into account as you make a decision. Thanks for your time. HOUSING, MAINTENANCE AND OCCUPANCY CODE ORDINANCE NO. 55 CITY OF ST. JOSEPH, MINNESOTA Address: Addition: Owner: Manqger: f3 Type Of Structure: Address; Address: , Multiple To the owner,lessee, agent or occupant of the above described premises, pursuant to the authority vested in me by 81. Joseph Code of Ordinances No. 55, you and each of you upon whom this order shall be served are hereby ordered within days to make the following repairs. lJoiZ 1\ ~ n lJ.{':;- IV lJ .M..k-e n NIl f/ . ~ It ~ (~ 11 \; oJ. " 'GA1iNJct..e .' SI~IOS 12pf2IUIL' ~J PIJ-JJi~r - f:,~OJ.b.f'~ n,4 ~l!JleI metL+h~ ~~bte:. ckJJ/Je !LJC;'-~.lJil.~ .1, ~<'IIl-tj. (}.,Oz. bp~~1t> ~ G, f~ o&.:fL~+r Io~ 14+-~..1J 511t11:( ~ 'fI FtfZ.e e~4oJJ(lt.rir;.k. ~ SWlO~ nlJ:\~ lU J.\1\.<<13~J~~IJl( &Ad LA.p S1-.liinJ IJ.nL'tIJ~1 ~ ilRrv.l t1~~hL. ~"p~l1L ~ UtI.) IA.p ('fR./~ . ~ 15"i2.~~W lr\.dlA.t) . lA, ~J..~,nl 'itflJ~<<1Jth \' !:f' j t Pl~ :.-~ d h~ - h~:J. 1I!1If/L~l.r~ T-lIIl~f '.. . f1l2tJ... '. /1\II:..t'PJ.r - u.{;"~JS '::I .' ''Ufs Failure to comply with this order may be grounds for imposition of a fine up to $1,000 and/or suspension or revocation of your rental license by the 81. Joseph City CounCil Dated this.;}.' day of /lJALJPAnk,,,,- ,~ ~~10 . RE-INSPECTION DATE COMPLIANCE DATE I Attachment: ~ or No REQUEST FOR COUNCIL ACTION Consent Agenda DATE: December 7, 2006 Administation ORIGINA TING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Gambling Application - Requested Action: Accept the Lawful Gambling Premises Permit Application for the St. Joseph Lions to conduct gambling at the La Playette, 19 College Avenue N, St. Joseph, MN 56374. PREVIOUS ACTION None RECOMMENDED BOARD ACTION Gambling Application - Requested Action: Accept the Lawful Gambling Premises Permit Application for the St. Joseph Lions to conduct gambling at the La Playette, 19 College Avenue N, St. Joseph, MN 56374. FISCAL IMP ACT None COMMENTS/RECOMMENDA nONS Minnesota Lawful Gambling LG214 Premises Permit Ap.pUcation (see Required Attachments on Page 2) Annual Fee $1 SO 8105 Page 1 of 2 FOR BOARD USE ONLY Check # $ Organization information Organization. name Organization.. license number iT. JoSE? .Uo'~.5 -020:2,<1 Name of chiefexeCOtiveofflcer (CEO)Oaytim~cofltactphonenumber DENtJ IS LoECK:=N 32o)iz~3..'7.'2J2..~r:. J274- Gambling premises information Notthem~i1ing.address. . . Do not ~a P;O~ box !!!!mbet. _..J Name ..of establishment where gambling Willbeeo!lducted Street address where premises is located l-.A ". c.r>t.;L~(;t$.,lJl:lG.~r Cit.y County Zip code Sf. :Jo5EiPHsrJ!?ilJJe,v$ 6i~!37LJ- Does your organization own the.buildingwherethegambling will be conducted? _Yes A--NO. If no, attach . LG215 tease fortawful Gambling Activity Gambling bank account information Bank name Bank account number ~r .srATE. BI11J of 5;: 76SJ;A 6ankstreetaddress oty State/Zlp code 460 11# /WE. . F.. . ;roSEP.~ S-6374- Address(es) in Minnesota of alltemporary and permanentoff-site storage space for gambling equipment and records related to this site(may not be stored outside of Minnesota) Address (Do not use a P.O. box n mber) CIty State/Zip. code "'II1t1< Co. RO. ;:t 75"' "": ::rOSE. 6 Bi.ogo occasions (including bar bingo) Enter day and beginning/ending hours of bingo occasions (indicate A.M. or P.M.). An occasion may not exceed 8 hours. Qgx Beginning/Endino Hours ~ ~innin91Endina Hours to to to to to to to to to to to to to to to to to to to to to to to to LG214 Premises Permit Application Data Privacy The information requested on this form (and any attachments) wm be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling actiVities iriMinnesota,andto assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a premises permit. If you supply the information requested, the Board will be able to. process your application. This form may require the disclosure of your social security number-.. If so, }'oursocial security nLlmber will be used to determine your compliance with the tax laws of Minnesota. Authorizatil)/'I forrequiring your social security number is found at 42 U.S.C405 (c)(i). Page 2 of 2 8/05 your premises permit. When the Board issues your premises permit, all of the information that you have provided to the Board in the process of applying for your premises permit Will become public except for your social security number, which remains private. If the Board does not issue you a premises permit, all the information you have proVided In the process of applying for a premises permit remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, Board staffwhose work assignment requires thatthey have access to the information; the Minnesota peparbnent of Public Safety; the Minnesota Attorney Gene,ral;the Minnesota. Commissioners of AdminiStration, Anance, and Revenue; the Minnesota legislative Auditor, national and International gambling regulatory agendes; anyone pursuant to court order; other individuals and agendes that are specifically authorized by state or federal law to have access to the information; individuals and agendes for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your consent. Your name and address wDl be publiC information when received by the . Board. All the other information that you provide will be private data about you until the Board issues ACknowledgment and Oath I hereby consent that local law enforcement officers, the Board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board or . agents of the board, or the comrni$sioner. of revenue or publiC safety or agents of the commissioners are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. I dedarethat: 1. I have read this application and all information submitted.to the Board is true, accurate, and complete; 2. All required information has been fully disclosed; 3. I am the chief executive officer of the organization; 4. . I. assume full responsibility for the fair and lawful operation of all activities to be. cond!Jcted; S. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if Iic~nsed, to abide bY those laws and rules, induding amendments to them; 6. Any changes in application information will be submitted to the Board and local unit of government within 10 days of the. chang~; . and 7. I understand that failure rovide required information or providing false or misleading information may result in the denial or revocatio of he license. Signatu of Chief ive Officer (Designee may not sign) Print name ~l:D5N/;$ LOE(!'KE~ 11- ~ 9 - b ~ Date Required Attachments 1. If the premises is leased, attach a copy of your lease. Use form lG215 lease for Lawful Gambling Activity. 2. Attach the resolution from the local unit of government (city or county) which shows approval of your application. 3. Foreach premises permit application, a $150 annual premises permit fee is required. Make the check payable to the "State of Minnesota." Mail the application with attachments to: Gambling Control Board 1711 West County Road 6, Suite 300 South Roseville, MN 55113 N01E: There is a monthly regulatory fee of 0.10f0 (.001) of gross receipts from lawful gambling conducted at the site. The fee is reported on the 61 Lawful Gambling Monthly Summary and Tax Return and paid with the monthly tax report. Questions? call the Ucensing Section of the Gambling Control Board at 651-639-4000. If you use a TIY, call the Board by using the Minnesota Relay Service and ask to place a call to 651-639- 4000. Minnesota Lawful Gambling 5/06 LG215 Lease for Lawful Gamblin Activi Page 1 of 7 Check applicable item: K: 1iLeasefor.new.application. Submitwithnewpremises permit.application, ~ 2. Renewed lease. Submitwitn premises. permit renewal. --.3. Newowner.Submit new or amended lease Within 10 days after new lessor assumes ownership. Dateeffeetive ----1----1_ 4. Amended lease .CheCkthechange(l>)inthelease:____Rent _Premises name ---,Boothlbar _Activity change ___Other Date that challgeswill be effective --,-'---.I_ · . Bothpartiesmust initial anddate all changes. .Submitchanesatleast 10da s riortothechan e. Olganizationname License number :ST.:rOSE.PM Nameofleased.premises /.:I1PLIJ'lerre. BAIZ.. 02.02-1 LroNS zoStreetaddress Jlft.Cot.tJ56A-J4V~. AI. Business/street address City ..sr. 'J().$,lePl-l City S1ate MN State Name oflElgal owner of premise$ r.3"bJKfJtJ- . MN ,sb. State Zip .1lY6m- Name of lessor (if same as legal owner,write in ~SAME') $111f1~ Chec:kallactivitiesthatwiUbe conducted: ..).Qpull..tabs ____Pull"tabs with dlspensifigdevice-..TIpOOatds x-paddlewheel .-PaddIeWheeI with tabJe__Bingo . __Bar bingo Pull-tab, Tipboard,andPaddlewheeIRent(Nolease reqUired for raffles.) Boothoperation-salesof gamblirlg.equipment by an empl9Yee Bar operation ~ sales of gambling equipment within a leased (or volunteer} of a licensed organizationwithinaseparateendosure premises by an employee of the lessor from a common area where thatisdistim:tfromareas where food and beverages aresold,foo(j and beveJ(lgesare also sold. r --~---' - - - -:-- - - -- - - - - - - ~-.- ----- ~--.--.---.- - - - -- -, Does yourorg. anization .OR any other Organizali.'onconduc;xambling from a boOth operation at this location? ____yes. .. No L_________________ _-------------~---~ If you answered yes tothequeStion above, rent limits are If you answere~ 110 .tothe question .aboll~, rent limits are based on the folloWing combinations of operation: based on the fQllowing combinations of operation: - Booth operation - Bacoperation - BoOth operation and pull-tab dispensing device - Bar operation with pull-,tab d~ingdevice - aoothoperationand bar operation,. . - Pull-tab dispensing device only - . Booth operation, bar operation, and ptill-tabdispensing device The maximum rent allowed may not exceed $1.750 in total per month for all organizations at this premises. The maximum rent allowed may not exceed. $2.500 in total per month for all organizations at this premises. Complete one option: Option A: Oto 20% ()fthe gross profits per month. Percentage to be paid z.o % .. Complete one option: Option A: 0 to 100/0 of the gross profits per month. Percentage to be paid % OptionB: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1.000 or less per month, $0 $400 per month may be paid. Amount to be paid $to $200 per month may be paid. Amounttobe.paid$ Option C: $0 to $400 per month may be paid on the first $4,000 of groSs proFit Amount to be paid $ . Plus 0% to 10% of the gross profits may be paid per month on gross profits oller $4,000. Percentage to be paid % Option C: $0 to $200 per month may be paid on the first $1,000 of gross profits, . Amountto be paid $ . Plus 0% to 20% of the gross profits may be paid per month on gross profits over $1,000. Percentage to be paid % Bingo Rent option D: 0 to 10% of the gross profits per month from all lawful gambling activities held during bingo occasions, exduding bar bingo. Percentage to be paid . % Option E: A rate based on a cost per square foot not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. No rent may be paid for bar . bingo. . Rate to be paid $ per square foot. The lessor must attach documentation, verified by the organization, to c.onflrmtl'lec.omparable rate and aft applicable msts to be. paid by the organlzatlontothe lessor. . Bar Bingo Rent _ Option F:. No rent may be. paid for bingo conducted in a bar. New Bingo .Activity For any new bingo activity npt previously included ina Premises PennltApplication, attach a separate sheet of ptJperIlStingthe days and hours thatbingowlll be conducted. LG215 lease for Lawful Gambling Activity 5/06 Page 2 of 2 Lease Term. The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Boarcl). Management of Gambling Prohibited - The owner of the premises or the lessor will not manage the mnduct of gambling atthepremises. Participation as Players Prohibited - The lessor, the lessor's immediate family, andanyagentsor.gambling employees of the lessor wIll not participate as players in the mnduct of lawful gambling on the premises. Illegal Gambling . The Iessoris aware of the prohibitionC\gainstillegal gambling in MinneSota Statures 609. 75; and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart 3. In addition, the Board may authorize the organization to withhold rent fora period of up to 90 days if the Board determines that illegal gambling occurred on the premises and that the lessor or Its employees partidpated in the Illegal gambling or knew Of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without the payment of rentduring the time period detennined by the Board for violations of this provision. · To the best oHhe lessor's knowledge, the lessor affirms that any and all games or devices located on.the premises are not being used, and are not capable Of being used, ina manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota RUles 7861.0050, Subpart 3. · Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an organization mustmntinue making rent payments, pursuant to the terms of the lease, if the organization or its agents are found to be solely responsible for any illegal gambling mnducted at that site that is prohibited by Minnesota Rules 7861.0050, SUbpart 1, or Minnesota Statutes 609.75, unlessthe organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. . The lessor shall not modify or terminate the lease in whole or in part because the .organization reported to a state or local law enforcement authority or the Board the occurrence at the site of illegal gambling activity in which the organization did not partidpate. Other Prohibitions . TIle tessorWiII not impose restrictions on the organization with respectto providers (distributors) of gambling-related equipment and services orin the use of net profits for lawful purposes. . The lessor, person residing in the same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. If there is a dispute as to whether a violation of this provision occurred, the lease will remain in effect pending a final detenninationl:lythe Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when aViolation of this provision is alleged. The arbitrator shall be the CRG. . The lessor shall not modify or terminate this lease in whole or in part due to the lessor's violation of the prOvisions listed in this lease. ' Access to permitted premises - The Board and. Its agents, the mmmissioners of revenue and publiC safety and their agents, and law enforcement personnel have access to the permitted premises atany reasonable time during the business hours of the lessor. The organization has accesstothe permitted premises during any time reasonable and when necessaryfor the mnduct of lawful gambling on the premises. Lessor records -The lessor shall maintain a remrd Of aD money receivedfromthe organization, and maketherecon::l available to the Board and Its agents, and the mmmissloners of revenue and public safety and their agents upon demand. The remrd shall be maintained fora period of 3-1/2 years. Renta.ll-inclusive . Amounts paid as rent by the organization to the lessor are all-indusive. No other services or expenses provided or contracted by the lessor maybe paid by the organization, induding but not limited to trash removal, janitorial and deaning serviceS, snow removal, lawn services, electrldty, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any6ther expendibJres made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Acknowledgment of Lease Terms . All obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. I affirm that the lease information is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to the lease. Any changes in this lease will be submitted to the Gambling Control Board at least 10 days .prior to the effective date .ofthe . change. Ifarenegotiated lease is made due to a change in ownership, the new lease will be submitted within 10 daysafl:erthe new lessor has assumed ownership. Ust or attach 1>tI1er terms or conditions (must be approved by director of Gambling Conb'Ol Board) /21, 6(. Date ~~Al should be directed to the Ucensing Section of the Gambling Control Board (Board) at 651..p39-4000. This publicati will be made availa 'in altemativeformat(i.e.large print, Braille) upon request. If you use a TIY, you can call the Board by.uslng the Minnesota Relay Service and ask to place a call to 651-639-4000. The information requested on this form will become public information . when received by the BOard, and will be used to determine your mmpliance with Minnesota statutes and rules governing lawful gambling activities. Attachment: ~ or No REQUEST FOR COUNCIL ACTION DATE: .December 7 ,2006 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Approval of Annual Liquor Licenses to include: On/Off Sale Non-intoxicating liquor, Cigarette Licens<<s, Amusement and Entertainment Licenses PREVIOUS ACTION . N/A RECOMMENDED BOARD ACTION Approval of licenses as listed on the attachment. FISCAL IMPACT N/A- COMMENTS/RECOMMENDATIONS NON- INTOXICA TING/CIGARETTE/ AMUSEMENT/ENTERTAINMENT LICENSE APPLICANTS 2007 January 1, 2007 to December 31,2007 " OJ) OJ) ~ .~ .- .- .- C\l 1a <!) u m .- U <!) ~ ~ .- m <!) ~ <!) 0 0 ~ U m .- .- <!) .- ~ ~ ~ u ...:l <!) .- .- .- .-' I ...:l u ~ I ~ Licensee Name .- ~ ...:l 0 0 ..... <!) <!) Z z 5 @ .- <!) (]) ~ .- .- (]) - - C\l C\l ~ (/) C\l, m ~ (/) ~ OJ) ~ I ~ ..... .- t+-< ~ ~ U 0 0 ~ American Legion Post 328 X 4 1 Bo Diddley's X Casey's General Store #22 X Church ofSt.Joseph X Coborn's Inc. X College of St. Benedict 1 El Paso Club & Lanes X 5 JM Oil Company X La Playette, Inc. X 8 1 Loso' Main Street Pub X 4 1 Loso ' s Store . X Sa!' s Bar & Grill X 9 1 . St. Joe Amoco Liquor X X St. Joseph Liquor Shoppe X St. Joseph RecreatioI1 Association X St. Joseph Saints Baseball X Stonehouse Tavern & Eatery 3 1 Trobec's Event Center 2 I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Consent Agenda Change Order #3 - Centennial Park DATE: December 7, 2006 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Change Order - Requested Action: Authorize execution of Change Order #3 for the Centennial Park Project replacing the seeding with sod. Additional contract price of $ $ 1,956. PREVIOUS ACTION The Park Board and Public Works Department has been working on the upgrading of the Centennial Park Shelter providing accessible restroom facilities. The original contract price was $ 94,062.00 with the Council approving Change Order 1 and 2 in the amount of $ 11,998, making the contract price $ 106,060.00. ' RECOMMENDED COUNCIL ACTION Authorize execution of the Change Order as requested by the Public Works Director. FISCAL IMPACT Increase in con tract price of $ 1,956.00. COMMENTS/RECOMMENDATIONS So that the facility will be ready for use in the Spring of 2007, the Public Works staff has recommended the Park Improvement include sod rather than the seeding as indicated in the contract. Seeding would have been scheduled for the Spring of 2007. ~GOIIlVIAN CONSTRUCTION CO. NU V 2 7 2006 BOX 57 815 E. COUNTY ROAD 75 ST. JOSEPH, MN 56374 (320) 363-7781 FAX (320) 363-7207 www.wgohman.com CITY OF ST. JOSEPH TRANSMITTAL SHEET TO: GENERAL CONTRACTOR City or St. Joseph . I Attn: Judy Weyrens 25 College Avenue North Building & Remodeling S1. Joseph, MN 56374 DATE November 22, 2006 Commercial Industrial Institutional Professional Religious JOB: St. Joseph Park Shelter, Centennial Park (Proj 61200) WE TRANSMIT HEREWITH FOR YOUR - Information Approval Pricing Files Correction Return xx Design/Bui/d 3 ea. Copies of Change Order #003 Construction A1anagement Services Remarks Please sign all three copies and return one to our office and one to SHE office for our files. Thank you. cc: SEH - Duane Day Yours very truly, W. Gohman Construction Co. Enclosed: xx By Michael Gohman _AlA Document~701'" - 2001 Change Order PROJECT (Name and address): Saint Joseph Park Shelter Centennial Park St.Joseph,MN TO CONTRACTOR (Name and address): WGohman Construction 815 ECountyRoad 75 St. Joseph,MN56374 OWNER: ~ ARCHITECT: ~ CONTRACTOR: ~ FIELD: 0 OTHER: D CHANGE ORDER NUMBER: 003 DATE: November 21,2006 ARCHITECT'S PROJECT NUMBER: A-STJOE0607.00 CONTRACT DATE: July 31, 2006 CONTRACT FOR: General Constmction THE CONTRACT IS CHANGED AS FOllOWS: (InClude, whereapplicablc,.any undisputed amount attributable to previously executed Construction Change Directives) Provide sodinlieu of seeding and one month maintenance. The original Contract Sumw(is Thenet change by previously authorized Change Orders The Contract Sum priortothis Change Orqer was TheContractSumwill be increased by this Change Order in the amount of The new Contract Sum includiugthis Change Order will be TheContractTime will be unchanged by Zero (0) days. The date Of Substa.ntial Completion as of the date of this Change Order therefore is $ $ $ $ $ 94,062.00 11,998.00 106,060.00 1,956.00 108,016.00 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Short Elliott Hendrickson Inc. (SEH) ARCHITECT(Firm name) BY (Signature) Judy Weyrens (Typed name) 17 City of St. Joseph OWNER (Firm name) 25 College A venue North, PO Box 668 St. Joseph, MN 56374-0668 ADDRESS Denis Anderson (Typed name) II,. 7,z,~L DATE DATE (Typed name) It. ~,I'2..l bfd DATE ( , ~ .~1 1ti lQ )n ., .'S" \\ \ "I.Uc'l~ ,..{vo, \~ "(-:-"';~ ","..) < '~)b, I<....:t' ~ v)\ ~ -to', 4~ ~~~\ ~ V ~ r; <,\ i-~'- <(?,n ;-,f! I~- </{/ CTi ~..;.? ~...::;I ~-- /'" 1 ..-~;, r~:)::~f \~ 0 (<<"7 -2' .r . <~~~~.;;; ...~_ r) ~;."C.'~Ji.7 ",,::;;. ,-, -T \,~ -. >'" '~<:.~~.'V ( L~:~~~9'~ AlA Document G701lM -2001. Copyright @1979, 1987,2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AlA. Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA. Document, or any 1 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:17:28 on 11/21/2006 under Order No. 1 000259476_1 which expires on 9/22/2007, and is not for resale. User Notes; (2014208317) :n' GO~lVIAN CONSTR~]CTION co. BOX 57 815 E. COUNTY ROAD 75 ST. JOSEPH, MN 56374 (320) 363-7781 FAX (320) 363-7207 www.wgolunan.com GENERAL b CONTRACTOR Novem er 17, 2006 I Building & Remodeling Commercial Industrial Institutional Professional Religious I Design/Bui/d Construction A1anagement Services Mr. Del Sheets SEH, Inc. P.O. Box 1717 St. Cloud, MN 56302-1717 RE: St. Joseph Park Shelter Dear Del: Below please find our cost breakdown regarding the change order that we have previously discussed for the St. Joseph Park Shelter. 1. Providing sod in lieu of seeding in the spring. 2. Maintain the sod one month until it's established. W. Gohman Construction Co. Labor & Material to install the sod: W. Gohman Construction Co. Labor to maintain the sod: 2% Bond & Insurance Overhead & Profit Total Add: $1,473.00 $ 270.00 $ 35.00 $ 178.00 $1,956.00 If the above items meet with your approval, please issue a change order for the amount shown. If you have any questions, please call. Yours truly, W. Gohman Construction Co. a.~) R;;tu ray" Jeff Reiter ~~........---.~--.~...., 11-0 '? l';':J IT: f' rill 1"2 i-'" i"!,, ~I', i [ h I ~ i \ii lJ; 'I 1'1 :1:,: !i L., -, - .- . III ii i]Ji NOV 2 0 2006 WI' I'J\ !Sy I co : c.oS'1S S.'F, See d:^j " f\ M o..,'(\. teL,' ^ /~ ~ 7ZS s.Y x bvJJel- ijS.t76 "") '2 70.-.0 I 1..S =- I ~ /3. 00 -3'1D.oO rl i/? 3.. 0-0 J Soc\: I WA.-tef' I WQ I:u I .3 rQ. ss c.vt 1 J(t/t;'s cvT: J hi' 1~1' 2 h,. ,,~,- C A,. y 3:0 2=-' 2c.. mO 00 Om ....'" ~;C o m :a2 m~ ~2 :a2 0- O~ 3: 0~ ~ S0 0::; em .... VI ~ o Co- " Ute 0- ~:l> IT!::;; _~ 0 alT1 g)z O"l -.I 0 o' o Attachment: ~esJ- No REQUEST FOR COUNCIL ACTION DATE: December 7. 2006 Engineering ORIGINATING DEPARTMENT Tracy Ekola. P.E. DEPARTMENT APPROVAL AGENDA ITEM Centennial Park Pavilion PREVIOUS ACTION Application for Payment No.1 for $6,949.00 RECOMMENDED COUNCIL ACTION Application for Payment No.2. 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Attachment: Yes REQUEST FOR COVNCIL ACTION DATE: December 7. 2006 Engineering ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM John T.Jones Construction Pay Application #9 for Water Treatment Plant PREVIOUS ACTION Authorize Pay Application #8 RECOMMENDED COUNCIL ACTION Authorize Payment of Pay Application #9 FISCAL IMPACT $409,988.99 COMMENTS/RECOMMENDATIONS Pay application is for work completed from October 21st to November 22nd and for materials stored on site. Pay application includes invoices for materials stored on site. Quantities of work completed and materials stored on site confirmed by on site project representative. S:IP1\SlStjoeI05060017-calPay Est. & Change OrderslPA9 RCA.doc CD - ~ ~ =~~g ~:g.s.~ llUl3.5 0 "" CD -g~t:i5 .... m-Q).c c: 0:: C::.J::: 0 C 0 0 o:=: tn ~ :;:: a:: f- ~:: 5~ :l () E ~.~: .Q w <{ Oi: a:: w 0:: a:: ~.ffia.a5 .... w Z f- a w UI z (3 z -' :I: .-:"'O.c E 0 3: z 0 !!! f- W o.~ ~ 0 w U u. 0 C>> 0 ..c: Q. 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M .... .... ;::: 0 a <{ tf) '" '" tf) U) ---' <( f- m 0 c: f- ~ 0 >> .0 '" .c C 0 0:: E w Ul a :> a:: 0 >- .;; 0 a:: OJ w <( a. <.9 2 .5 .c z 2 -0 C <( :;) Q) 0 :I: U) > 2 0 0 0:: a. "' >- W a. ;S m a '" (/) a:: Ul -0 W 0 '" OJ 0 > w '" 0 z c 0. <{ 0 '" Z .c: a. :I: <( " '" 0 :I: Iii ]9 .... () -0 0 w .... .... z I Attachment: ~ es) No REQUEST FOR COUNCIL ACTION DATE: December 7.2006 Engineering ORIGINATING DEPARTMENT Tracy Ekola, PE DEPARTMENT APPROVAL AGENDA ITEM 2005 Hill Street/3rd Avenue SW Improvements (SEH NO. STJOE 0411.01). PREVIOUS ACTION Application for Payment No.7 for $31,028.71 RECOMMENDED COUNCIL ACTION Application for Payment No.8. FISCAL IMP ACT $38,166.72 -COMMENTS/RECOMMENDA TIONS P:\PT\Slsljoe\common\D39 Req Council Action\0411 pm! 8 120706.doc ~ SEH December 7, 2006 RE: St. Joseph, Minnesota 2005 Hill Street & 3rd Ave SW hnprovements, St. Joseph, MN SEHNo.A-STJOE0411.01 14 City of St. Joseph Honorable Mayor and City Council c/o Judy Weyrens, Administrator 25 College Ave N PO Box 668 St. Joseph, MN 56374-0668 Dear Mayor and Members ofthe Council: Enclosed please find Application for Payment No.8 for this project. We have reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: R. L. Larson Excavating, Inc. SEH City of St. Joseph If you have any questions, please feel free to call us. Since~~ly, .J ..-/A...-;1 /)-\ ."~v" , /!.,I:.'1~:~1) /'V '_>~'- t~~/..r'" '-d.l teL. VL. / u 1..-" ------- Tracy L. Ekola, PE City Engineer jmw Enclosures P:\PTlSlsljoeI041101ISpecslAP-O.doc Short Elliott Hendrickson Inc., 1200 25th Avenue South. P.O. Box 1717. 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CIl C cu Cl ~ C .8 >. 0 w8!..... B en CD _ ::I :::J 5 .~ c g ~ c <( Q.. :::J en 0 m E -1<( .... .g .... w C ~ o w :5 1 ~ l Iii I- <( Cl <.i C CiW :SCI)~ CIlW('/') >::ICO CIlCI.C) ~wz W~:2 g:5-u en N ::I ......... 0 cjl.C)(3 W I.C) I--IN- I-C::NCI) j m :;) tn Iii ~ Cl I 1 ,>. " ~~ "',\" i~-- .~... \ "";;.:J co I'- ..... I'- ..... I N o ('/') co I.C) Z 1'-:2 t::Cl C .....:J W xo C 0-1 z:cco() wwo.....: :eCl)Q..CI) ~ o u W 0:: Iii I- <( Cl ..... ..... ;>.: co co co COco Xco Oco COo 0"';' Q..I'- .('/') .t=Z' co c.. LO wwz ~~:2 ""W.t= .; 0> c.. Cl)ww ....=en 000 C >.()..., W::::LO_ >()NCI) o 0:: c.. c.. <c I Attachment: Yes REQUEST FOR COUNCIL ACTION DATE: December 7.2006 Engineering ORIGINATING DEPARTMENT Tracy Ekola, PE DEPARTMENT APPROVAL AGENDA ITEM 2006 8th Avenue NE Improvement PREVIOUS ACTION Application for Payment No. 1 and Change Order No. 1 RECOMMENDED COUNCIL ACTION Application for Payment No.2. FISCAL IMPACT $56,930.48 COMMENTS/RECOMMENDATIONS P:\PTlS\stioelcommon\D39 Req Council Actionl0611 pmt 2 120706.doc 1 ~ SEH December 7, 2006 RE: St. Joseph, Minnesota 2006 8th Avenue NE Improvements SEH No. A-STJOE 0611 14 City of St. Joseph Honorable Mayor and City Council c/o Judy Weyrens 25 College Ave N PO Box 668 Saint Joseph, MN 56374-0668 Dear Mayor and Members of the Council: Enclosed please find Application for Payment No.2 for this project. We have reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: C & L Excavating, Inc. SEH City of St. Joseph If you have any questions, please feel free to call us. Sincen;;ly, /-y;;~" " ~'11 jf.' UINtA if 1 \..."" ",.,i' 7' i V l..,/-I'o.....- Tracy L. Ekola, PE City Engineer Jmw Enclosures P:\PTlS\STJOE\061100\SPECSIL-AFP TO OWNERDOC Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. 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U 0 0 eI).1- 0 I- eI) Q: <C I Attachment: Yes orNo REQUEST FOR COUNCIL ACTION Consent Agenda - Equipment Request DATE: December 7, 2006 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Equipment Request: Requested Action: Authorize the purchase of a camera for the Council Chamber at a cost not to exceed $ 2,500.00. PREVIOUS ACTION The Council Chamber currently has three cameras for broadcasting. The Cable Commission has been experiencing difficulty with one camera and have tried unsuccessfully to repair the camera. Therefore the Commission is requesting authorization to purchase a new camera from Complete Electronics for approximately $ 2,420. To cover the cost of equipment, the Council authorized collection of a PEG Access fee. The fee charged per cable connection is $ .60 per month. RECOMMENDED COUNCIL ACTION FISCAL IMP ACT $ 2,500 The Current available fund balance in the PEG Access account is $ 6,101.00 COMMENTS/RECOMMENDATIONS I . Attachment: . Yes or No REQUEST FOR COUNCIL ACTION Truth and Taxation - ContiIluationHearing DATE: December 7, 2006 . ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Truth and Taxation - Continuation Hearing PREVIOUS ACTION The Council initiated the Truth and Taxation hearing on November 30, 2006. At said hearing the Council agreed to continue the hearing so that additional information could be obtained from interested persons. As stated at the hearing on November 30, 2006, the Council cannot act on the proposed budget at the same meeting as the hearing. MN Statute requires that at least three days pass from the end of the hearing to budget adoption. RECOMMENDED COUNCIL ACTION Accept any new testimony and close the Truth and Taxation Hearing and set the budget adoption for December 21, 2006. FISCAL IMPACT COMMENTS/RECOMMENDATIONS At the truth and taxation hearing a suggestion was made to reduce the reserve balance by one month. Instead of six months reserve we would carry five. Upon talking to Monte Eastvold, Bond Counsel, he stated that Moody's & S & P minimally look for a six month reserve when rating bonds. Anything less that six months will affect the rating, with the actual affect unknown at this time. One of the reasons that six months of reserve is desired is that municipalities receive all aids and grants after June 1 of each calendar year. Therefore, the reserve would cover expenses before aid is received. It is also important to realize that when determining the amount of reserve balance, it is ba~ed on the average monthly expenditures less capital outlay. Therefore, the average monthly expenditures are approximately $ 75,000 per month. At this time the City can cut the budget the same amount through budget cuts without touching the reserve balance. I have also asked Greg Reinhart the same question about the reserve balance. He stated the same opinion as Monte Eastvold. 'c, I Attachment: Yes orNo REQUEST FOR COUNCIL ACTION Truth and Taxation - Continuation Hearing DATE: December 7, 2006 ORIGINATING DEPARTMENT DEPARTMENT APPRO V AL AGENDA ITEM Truth and Taxation - Continuation Hearing PREVIOUS ACTION The Council initiated the Truth and Taxation hearing on November 30, 2006. At said hearing the Council agreed to continue the hearing so that additional information could be obtained from interested persons. As stated at the hearing on November 30, 2006, the Council cannot act on the proposed budget at the same meeting as the hearing. MN Statute requires that at least three days pass from the end of the hearing . to budget adoption. . RECOMMENDED COUNCIL ACTION Accept any new testimony and close the Truth and Taxation Hearing and set the budget adoption for December 21,2006. FISCAL IMPACT COMMENTS/RECOMMENDATIONS At the truth and taxation hearing a suggestion was made to reduce the reserve balance by one month. Instead of six months reserve we would carry five. Upon talking to Monte Eastvold, Bond Counsel, he stated that Moody's & S & P minimally look for a six month reserve when rating bonds. Anything less that six months.will affect the rating, with the actual affect unknown at this time. One of the reasons that six months of reserve is desired is that municipalities receive all aids and grants after June I of each calendar year. Therefore, the reserve would cover expenses before aid is received. It is also important to realize that when determining the amount of reserve balance, it is based on the average monthly expenditures less capital outlay. Therefore, the average monthly expenditures are approximately $ 75,000 per month. At this time the City can cut the budget the same amount through budget cuts without touching the reserve balance. I have also asked Greg Reinhart the same question about the reserve balance. He stated the same opinion as Monte Eastvold. Attachment: Yes or No REQUEST FOR COUNCIL ACTION Zoning Ordinance - Amendments/Adoption DATE: December 7, 2006 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Zoning Ordinance. - Amendments/Adoption PREVIOUS ACTION The Planning Commission has been working on updating the Zoning Ordinance for the past four months. December 4, 2006 the Planning Commission conducted a public hearing on the proposed amendments or new Ordinances. Only one person spoke at the public hearing and it was regarding when the moratorium on signs would be lifted. The Ordinances considered by the Planning Commission are the same Ordinances that the Council has reviewed with exception of one. The one exception is regarding rental in the business districts. The revised regulations permit rental units in existing single family homes in all business districts. The rental units are only allowed through the Interim Use Permit process, which will give the City the ability sunset the licensure when the neighborhood is ready for development. The City Attorney has drafted the language that is included in your packet. As you can see from the draft, the City has the authority to terminate the use. This amendment is intended to help transition the areas that are designated as commercial. The proposed amendment limits the maximum occupancy to that which is allowed in a Single family. The Planning Commission has unanimously recommended the amendments/adoption to the Zoning Ordinances for approval. RECOMMENDED COUNCIL ACTION 1. Motion to amend Ordinance 52.11 regarding the Regulation of Signs, adopt Resolution 2006-040 authorizing the summary publication and lift the moratorium on the Sign Ordinance. 2. Motion to adopt the amendments to Ordinances 52.21, 52.09, 54, 51,56, 52.27, 52.28, 52.29, 52.34, 52.12, 52.31, 52.32, 52.33 84 and 44. 3. Motion to adopt resolutions 2004-041, 2006-042, 2006-043, and 2006-044 authorizing that the corresponding summary publications be published. iAttachment: Yes ~ or No 0 REQUEST FOR PLANNING COMMISSION ACTION Ordinance Updates DATE: December 4, 2006 AGENDA ITEM: Public Hearing - Ordinance Updates PREVIOUS ACTION: For the past couple of months, the Planning Commission, City Council and City Staff have been working on updating the City's Land Use Ordinances. Changes to the Land Use Ordinances require a Public Hearing. RECOMMENDED BOARD ACTION: Approve the changes as presented and recommend that the Council execute the Amendments and cause the same to be published. COMMENTS/RECOMMENDATIONS: Administrdtor Judy Weyrens Mayor Richdrd Carlbom Councilors AI Rassier Ross Rieke Renee Symanietz Ddle Wick www.cityofstjoseph.com CITY Of ST. JOSEPH Public Hearing City of St. Joseph' The St. Joseph Planning Commission shall conduct a public hearing on Monday, December 4,2006 at 7:05 PM. The purpose of the hearing is to consider the adoption or amendments to the following Ordinances: . 52.11 Signs . 52.21 Transportation Corridor Overlay District Site and Design Standards . 52.09 PUDPlanned Unit Development Overlay District . 54 Subdivision Regulations . 51 Building Ordinance . 56 Fence Ordinance .' 52.27 R-l Single Family Residence District . 52.28 R-2 Two Family Residence District . 52.29 R-3 Multiple Family Residence District . 52.34 LI Light Industrial District . 52.12 General Performance Standards . 52.31 B-1 Central Business District . 52.32 B-2 Highway 75 Business District . 52.33 B-3 General Business District Summaries will be available for review at the City Offices, 25 College Avenue N, St. Joseph, MN 56374 or on the City Website www.cityofstioseph.com. Persons wishing to comment on the proposed changes will have the opportunity to do so with oral comments limited to 5 minutes. Written comments may be submitted to the City Administrator, PO Box 668, St. Joseph, MN 56374. Judy Weyrens Administrator 2.,,- College Avenue North' PO Box bbs . Sdint. Joseph, Minnesotd ,,-b,74 Phone. 120.16")_72.0; FdX 12.0.1bj.O';42 MEMO TO: Judy Weyrens FROM: Torn Jovanovich, City Attorney RE: Final Draft of Ordinances Based on Comments from Joint Meeting of City Council and Planning Commission on October 18, 2006 OUR FILE NO.: 25077 DATE: November 27,2006 Attached to this memorandum are the final drafts of the following Ordinances. The changes are those changes suggested by the Planning Commission and City Council at the joint meeting on October 18,2006. Many of the changes are simply correcting "typos", and other changes are substantive in nature. I have attempted to include the more important changes first, and then the Ordinances with typographical error changes last. Interim Use Ordinance for the BI-Central Business District. Section 52.31. B2-Highway 75 Business District. Section 52.32 and B3-General Business District. Section 52.33. In each of the three business districts, there is an amendment which includes an interim use for areas that have been rezoned to commercial from residential. This interim use allows the pre-existing residential units to be used as multiple-dwelling or rental units for a specific period of time. The use would cease upon the earlier of the specified time or if the zoning classification changes. Amendment to Ordinance 52.09: PUD - Planned Unit Development Overlay District. I have changed Subd. 3(b)(5). It now reads that "In agricultural areas or on land that does not have building development, PUD's will not be allowed if there has been removal of trees or grading of soil within ten (10) years prior to the application for the PUD". I have also made a typo change on page 4 of the Ordinance. Amendment to Ordinance 84: General Parking Ordinance. A change was made under 84.05 which how states that there should be no parking on City street from November 15 to April 1 during the hours of2:00 a.m. to 7:00 a.m. A couple of typos were also changed. Section 84.07, Subd. 1 was clarified to list the types of vehicles that are declared to be a nuisance. Amendment to Ordinance 52.21: Transportation Corridor Overlay District Site and Design Standards. I included a section under 52.21, Subd. 8(t) which requires that for all commercial and/or multi-family residential districts which are adjacent to a public street, there must be a street tree/landscaping plan which will be required as approved by the City. 1 Amendment to Ordinance 52: Regulation of Signs. I have included an additional definition of a temporary sign to include a sign that is capable of being moved by mechanical or non- mechanical means, including sandwich board signs. Amendment to Ordinance 52: Fence Ordinance. We have included a description of what maintenance-free materials is. We have deleted the section which states that maintenance-free materials are "material which is marked as 'maintenance-free fencing"'. Amendment to Ordinance 52.12: Zoning Ordinance Regarding General Performance Standards. I have made a change that was recommended by one of the Planning Commission/Council members regarding accessory buildings. Amendment to Ordinance 51: Building Ordinance (Building number and key boxes). I have made a number of changes with respect to typos and other minor matters in the Ordinance. Ordinance 112: Exterior Solid Fuel-Fired Heating Devices. I have made a typo change. 2 CITY COUNCIL RESOLUTION #2006..040 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 52.11 (REGULATION OF SIGNS) RECITALS: WHEREAS, the City Council for the City of S1. Joseph has passed Ordinance 52.11, entitled "Regulation of Signs". WHEREAS, the City of S1. Joseph desires to publish the Ordinance by Summary Publication. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary ofthe Ordinance clearly informs the public ofthe intent and effect of the Ordinance. . 2. The City ofS1. Joseph directs the City Administrator to publish the Ordinance by Summary Publication. Adopted this _ day of opposed. , 2006, by a vote of _ in favor and -'-- CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk l. , 2006-. CITY OF ST. JOSEPH. ...... ORDINANdE52.1r(REGULATIONOF~IGNS) SUMMARY PUBLICATION The.City.ofSt. Joseph has. amended Qrdinance 52.11: .RegplatibnpfSigns. The purpose of this amendment to Ordinance 52.11 is todefine4ifferenttypes of signs, and regulate signs by location in the City. · It requires a permit fora sign to be el'ected, aIld provides for standards for signs. It alsocreatl~sPenalties fot violations. f Thismaterial isa summaryofthe;;imendments to OrdinanceSf.ll.TheJulltexrofthe . . . . -: - - -. - ..., .-. . . :.-.. .., -. ~. Qr~inance is available for inspection by any person during regular office hours attheoffice of the S1. Joseph City Administrator-Clerk. . This summary publication was adopted by the City Council of St. Josephonthe_______. day of , 2006, and shall be effective upon publication. CITY OF ST. JOSEPH By Richard CarlbQm, Mayor By Judy Weyrens, Adniinistrator/Clerk This summary publication was published on L:\city\stjoe\2006 1 AMEND.MENTTQ QRDINANCE 52 . " ZONINGJlRDINANCE . - REGARDING REGULATIONS. OF SIGNS . The Gouncil of the City of St. Jos(;lph.he,r(;lbYQr4aills~ That Ordinance 52.11 is revoked in its entirety and the' following language isenapted in its place~ "Section 52.l1:StGNS Subd. 1: Findings. TheCityCouncilherebyfil1ds as follows: a) . . Exterior signs have a substantial impact on thecharl;lcterandqul;llity of the environment. b) Signliprovide an important medium through whichpersolls maycoDvey a variety of messages. . c) Signs can create traffichazardl3,aesthetic concerns anddetrime,nts to property values; thereby threateningth~ptihiic health, safety and welfare. d) The city; s zoning regulations include the regulation of sigtl$. in an effort to provide adequate means of expression and to promote the economic viability of the b'l:1siness community, while protecting the City and its citizensftoma proliferation of signs of a type, size, andlQcation that would adversely impact UpO.J;l the aesthetics ofthe commUJ1ity and threaten the heal:tl1, safety and welfare of the community. .The regtllation of the physical chatl;lcteristics of signs within the City has had a positive impact on traffic' Safety andthea,ppearanceof the C0tnn111nity. . . . Subd.2: Purpose and Intent. It is not the purpose or intent of this sign ordinance to -regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside abuilding. The purpose and intent ofthis ordinance is to: a) Regulate the number, location, size; type, illumination and other physical characteristics of signs within the city in order to promote the public health,. safety and welfare. b) Establish. standards which permit all persons the opportu,nity to display a wide variety of messages; to preserve and protect the value of land, buHdings and lands~apes and promote the attractiveness of the community; to ensure that signs in the City are not a safety hazard to lives andlorproperty~to preserve order and to encourage persons to erect permanent. signs and discourage temporary and/or portable &igns. 1 c) Improve the visual app~ar~ce bfthe City while providing for effective means of communication, cQnsistellt with constitutional guarantees and the City's goals of public safety and aesthetics. d) Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City,. Subd. 3: Effect. A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of thIs ordinance. The effect ofthis ordinance, as more specifically set forth herein, is to: a) Allow a wide variety of sign types in commercial zones, and a more limited variety of sign types in other zones, subjectto the standards set forth in this sign ordinance. b) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this sign ordinance. c) Prohibit signS whose location, size, type, i11umi~ation or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the ptiblicheaJth,safety and welfare. d) Provide for the enforcement of the provisions of this sign ordinance. Stibd. 4 :!Severability. ,lfany section, subsection, sentence, clause, of phrase of this Sign Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions ofthisSign Ordinance. The City Council hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid. Subd. 5: Definitions. a) "Awning sign" - abuilding sign or graphic printed on or in some fashion attached directly to the awning material. b) "Balloon sign" - a sign consisting of a bag made of lightweight material supported by helium hot or pressurized air which is greater than twenty four 24 . inches in diameter. c) "Canopy" - a roof like cover o:ften of fabric plastic metal or glass on a support which provides shelter over a doorway. d) "Flashing sign" ~ a directly or indirectly illuminated sign which exhibits changing . light or color effect by any means so as to provide intermittent illumination which 2 includes theil11.lsion o~inteitr1if;tentt1&shirIS'lisht by me~n~, ofap,imation. Also any mode of lightilJg whIch resembles zoomin;g, tWinkljlJgor~parkling; e) ,"IllurninatedSign" - any sign which has characters, letter figures, designs or ou~line iJltQnin~ted by eleptric lig4t$ '<)r luminous tUbes as partofth.e sign proper . orby indirect lighting, ' f) "Marquee" - alJY p.ei:rn~nell'fro(lflike slrijctUi'e proje~ting'bey()n~a theater building or extending along' andprojecting beyond the Wallofthatbuilding . generally designed' and constructed to provideprotec.tioJ;1.:f~ollith~,weather, g) "M01\1.ll11el1t~.!m"~ ~..,ft~'e.$~diugsignjn Which.tl1e~t1tire ba$e, Qfll1e sigp struct\:lr.e ",is, inc.oJl~~t'Vtmtl1S1.gr~;>l~p,9~"proM~ding~~Q~i~an~co.ntil1~ous back~rotl1ld fottl1esi~n, facethalis tnf.[ 'Satne wi4tl1;as~l1~ sign from: the gt"buricl to the top ofthe sIgn. The baseofihe sign. shall be constmcted of a p~nnanent material such as concrete block or stone. The sign face shall occupy at least 50% of the monument si.gt:l. Sjgns. should be constructed of materials. either the same as the principal structure or that appear the same. h) "Off....premise sign" - a commercial speech sign which directs the attention of the public toabusines$, activity cOlJducted; or product sQlcl'or offered at a location not on the same lot where such sign is located, For purposes of this sign ordinance, ,easements and'other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premise sign.; i) "Pole sign" - see Pylon Sign. j) "Pylon sign" - any fr.eestamiingsign which has its supportive structures anchored ". in the ground and which has a sign face elevated above ground level by poles or beams and with the area below the sign face open. k) "Sandwich board sign" - any freestanding sign which is composed ,of two pieces of flat, rigid material in the shape of a square or rectangle that are hinged at the top and whose bottom 'edges rest on the ground so as to create a triangular shape when being displayed. 1) "Shimmering signs" - a sign which reflects an oscillating, sometimes distorted, visual image. ~, '. . m) "Temporary sign" - a sign that is not permanently affixed tothe ground, a sign that is not permanently affixed to any other permanent structure. that is intum affixed to the ground, or a sign that is capable of being moved by mechanical or non-mechanical means, including sandwich board signs. . 3 n) "Wall" ~ any structure which 'defines the exterior boundaries or courts of a building orstructllre an:dwhichnasa slope ofsixty (60) degrees or greater with the horizontal plane. 0) "Wall sign" ~ any building sign attached parallel to, but within eighteen (18) inches of a wall,. painted on the wall surface of,. or erected and confmed within the . limits of an outside wall of any bMilding. or structure, which is supported by such wall or building, and which displays only one (1) sign surface. . Subd.6:Permit'Required. No sign shallbe erected, altered; reconsh"ucted'Il1aintained or movedin the city without first securinga perIl1it fromthecity. The conte~tofthemessage or speech displayed on the sign shall not be reviewed orcorysidere4 in detetminingwhether toapproxe or deny a sign permit. Application fqr a permit shall be in Writing addressed to the zoning adtninisttator and shall contain the following infornlation: a) names and addresses of the applicant owners of the sign and lot; b) the address at which any signs are to be erected; c) the lot block and addition at which the signs are to be erected and the street on Which they are to front; . d) a complete set of plans, showing the necessary elevations, distances, size and details to fully and clearly represent the construction and place ofthe signs; . e) the cost of the sign; t) type of sign (i.e. wall sign, monument sign, etc.); g) certification by applicant indicating the application complies with all requirements of the sign ordinance; and h) if the proposed sign is along a state trunk highway or interstate highway, the application Shall be accompanied by proofthat the applicanthas obtained a permit from the state for the sign. The zoning administrator shall approve or deny the sign permit in anex:pedited manner no more than 60 days from the receipt ofthe complete application, including applicable fee. All permits not approved or denied within 60.days shall be deemed approved. If the permit is denied, the issuing authority shall prepare a written notIce of denial within 10 days of its decision, describing the applicant's appeall'ights under Section 525 15, and send it by certified mail, retllm receipt requested, to the applicant. Subd.7: General Provisions. The following regulations shall apply to all signs hereafter permitted: 4 . e) a) Signs shall nQ~ be. permitted within the public right:-of..wayor easel1:lents, except as~iected by artoffiCial.utilt?t*~lV~~ertt of,;puqlfQ utill~!~~;fot,the di~ection of trafi?" 01:' Xle.cessary pubhC;l1\fonnatlOn, unless approved by the appropnate . government entity. . b) ,.-' .--- .-, -- . .. .-.-'- . . . ..... ............. -. -. . . 'Sign,sshallm)thec.oustructed (jfmaiy.taiped.in aman~er.~hich .ohstructs .traffic visibility. c) Fla$hiQ.~orrotatin.~.sigtls.tt1s~mblfu,~e~rgencyvehicle~shall'J.1ot ee pennitted iA any district. . . d) Nosign.sh~U be placed that resembles any otficialmarker..erectediby a goveqmtentall;tgen~for shall. display such . words as. "stpp" or "c.ianger". No si,gn sl1aU be permitted to~bstru~ta.ny window; door, tire escape, stairway or opeXlmg intended to provide Ught,air, ingress or egress. for any building or structllte. . " f) Where a sign is an illuminated sign, the source of light shall not shme upon . any part of a residence or into a residence district or any roadway. g) One (1) sign, regardless of its type, shall be permitted oneachparcel of property in any residentialdistrict, and. such signs shall be limited to an overall area of six (6) square feet. The limitations stated in this provision can only be modified according to Subdivision 14 of this Section. h) The following types of signs are not permitted in any residential district: L Awning signs 2. Marquee signs J. Balloon signs 4. Pole 'signs 5. Canopy.signs 6. Pylon signs and 7. Flashing signs K Shimmering signs 9. Wall sign i) Pylon signs and off-premise signs shall not be permitted in any zoning district. j) No sign shall. be of such a nature or placed in such a position that it will cause danger to traffic on a street. k) Signs which may be or may hereafter become rotted, unsafe or unsightly shall he repaired or removed by the owner or lessee of the property upon Which the sign stands upon notice by the Building Inspector. The owner,.lesse~ or manager of 5 any sign that contacts the ground and the owner of the land on which the same is locafeds~al1ke~p~ass, w~ed~.arid.other growthcut.a~dshaIl.rel11ove all debris an~. rub~ish fr()l1,1't~elot OJ) whi'c~t~esi~is.'locatetl. 'If~heoWl1~r, licensee or owner or the prOperty fails to acf hniccordance with this parl:l,graph, the City may remove the sign in question upon the direction of the City Council, and all costs incurred for rellloval may be charged to the owner ofthe,sign and if unpaid, certified to the County Auditor asalien againstthe property on which the sign was located. 1) N6sigfi~hall project mdretl.1an1:Wo(2)ieet over a public sidewalk. m) Signs shall not be located on the roof of a building. n) No sign shall be pahited directly otrthe side ofthe building, unless it is clearly demonstrated to the Planning Commission, at the time that a permit for the sign is applied for, that the locatidnoftheslgn does Ilotthreaten the structural integrity of the building in question, cause a safetY hazard to any persons or property in the vicinity of the building in question, and is aesthetically consistent with and non-offensive to the properties in the immediate area of the building in question. 0) No sign shall violate the side or rear yard setback requirementsofthe district in which it is placed. p) No sign shall exceed 250 square feet in sUrface area. q) Except for monument signs and temporary ~igns, the surface area of the base of any sign shall not exceed 25% of the face area unless structural engineering illustrates the face cannotllleet the wind loading requirements ofthe Building Code. Subd. 8: Temporary Signs. a) Fee. A fee set forth by resolution applies to a permit for temporary or portable signs. b) Maximum Size. The maximum size of a portable or teIIlPorary sign is sixty-four (64) square feet. The maximum size of a portable or temporary ~ign in any residential zoning district is limited to six (6) square feet. c) Duration. The d~ration of time that a portable or temporary sign can be located on a property is limited to forty (40) days in anyone calendar year only after application has been apprOved for location and placement. d) Illuminated Signs. Illuminated signs, whether temporary or portable, shall'have a recognized seal of approvaloflistingfrOlll Underwriters Laboratories Inc. (UL) or other recognized electrical standard and installed in conformance with the 6 e) t) One Si~n Pe~Parce1. J4fif ~l1all b~ PQ more tllanppe t~m.por~r:y>or portahle sign perpatc.el of property, I . ~ 'event that therea,re tnlilti,pl~teriaht~ on a single pa:r~el of prope~Qn which femporaw Or portitbleftf~allowed, not more thant\yo portable sign~shalrbeJocated on the p . at anyglyeti time. One portable' ~ign will be allpwedpec strip lt1~H site W1th!h th~Q.;2district. Ground Fault Circuit lnterpreters. The internal wiring of an illuminated outdoor sign th~t is temp()tatY pc p.le~g reaQi1Y!i~ces&i1ile.shan be supplied from, arid protected 'by~ gromtd' f circuit tnt~tpt~ters" '. " .... . . . .'g) : , " - ' '. - -- . , ' . - -'. , - -~, ,'- . -'. . Extension C()rds.Exte11-~iql1.c.pr4s usedto supplycpower.to portabI~ or temporary signs shall be endose:q in me4ilconctuit or el~vated at 'least nIne (9) feet above the ground to prevent tripping or electiical hazards. h) i\11c~?l'S", ..A1:1ch9r~.t9r P9rtitble.()1'~WP()rarymgns. shallpe.subjecttoapproval by th..' .e......E........U1........14..1. ..n........g..........I..n........s..'.p......:.e.... ctQiand lIla... illtaine. dto p. . reventdi&pl..acelllent. or tipping over during.higllwinds.' , . .. Supd.9: . Exemptiolls. The fOUQWin~signshallllotreqlJi;re~p~nnit Thisexemption, however, shall not .be con&trued as reli~Ying. theown~r. of the . sign trotp.theresponsibility .of its erection and maintenance, and its compliance Witl:lthe provision$ofthjs;.ordil1anceorany other law or ordinance regulating the same. The exemption is as follows: The changing of the display surface onapail1~edor printed s.ign onlY: This exemption, hpwever,sl1a.llapply only to poster replacement and/or on-sitecl1anges inVQlving.signpaii1tingelsewhereth~ndirectly on abuilding. Subd.l0: Peiniitted Signs: Business Districts. a) Wall Signs. EacbtenA11t other thantho;sein multi-tenant buildings may have()ne 'flatwallsigrt. Such signage ml}y e}(tenq from the face of the roof over a covered walk. Such wall sigtls shall not exc.eed 15% of the area of the wall to whichthe sign is attached, to a maximum of 96 square feet b) Monument Signs. E:ach. tenant other than those in multHenantbuildings may have a 111,onlmlent sign that s.haIl npt exceed 80 'square .fe~i .in. surface' area, . and .15 feet in height, and is setback a minimum 20feetfrorn the property lines. c) Multi-Tenant Wall Signs. Each tenant in a multi-tenantbuildingmayhavea flat wall sign. The aggregate area of such signs shall hot exceed 5% of the area of the wall to which they' are attached. d) Multi-Tenant Monument Sims. One monument sign shall be permitted for each multi-tenant building provided the 'surfac.e area of the sign, opes not exceed 100 square feet, per side, and 15 feet in height, and is setback in no case less than 20. 7 feet from the prop.erty lines. . The area may be increased to a maximum of 150 square feet per side for developments of over 20 acres. e) Canopiesa~dA~iri!!s.The desfSftOfcanopies sha1fbeinke~p.iI1g with the over~ll buildi~gde~~~iJltenll~ o,fl()c~tiollsize and color. Nocallopies with visi~le wall hallg~rs shallbe.pennitted... Signa~~ onqallQpiesmaY be substituted f~r .allowedb~iltiitlgsigJ)a~e. and. shall be . limited to 25~ of the canopy area. Internal1y-i11uminated canopies must be compatible with the overall color scheme ofthe building... Subd.ll: DesignSui-rldardSfo~~(j'WfitoV\i11andHigh\Tisibility,(}orridors. a) D:si~n .~tcindar~s for~.-l CentralI3~sinrs~ Pistrict.The follo,",ing standards pertain to signs,",ithinthe B-ICentta.l~usines~ District and are in addition to, and supersede, other standards contained here.in~ 1. Pylon. and free-standing permanent signs are prohibited inthe B-1 District directlyadjacent~oMinn~~m8.Street; ~Xcept one mon.ument sign may be permitted per parcel of properly provided the aggregate size of the monument does not exceed one square foot for every one foot of frontage. 2. Signs shall bearchitectl1~ally compatible with the style, composition, materials, colors and cletails ofthe building to which it relates and other signs on other buildings within the B-1 :District. 3. Si~ageshouldbesi1l1Plean.d thesignage should not overshadow or dominate the character of the strUcture. This provision applies only to the design and appearance of the signage and not to the message contained . thereon. 4. Illuminatedsigns should feature in.direct lightingthat is shielded from view unless ornamental in nature. Signs capable of being lit in the . evening should limit the view of such lights from motorists and pedestrians. 5. 'fheoverall design oraU si~8.ge incl~ding the mounting framework shall relate to . the design of the principal building on the property . For buildings without a recognizable style, the sign shall adopt the decorative.features of the building, utilizing the same materials and colors. 6. Signs painted directly on Window glass or hung in windows are permitted. Such signs shall be counted toward the maximum size requirement and shall be limited to 20% of the window area. 7. The maximum height of a sign in a business district shall be 15 feet. 8 8. Projecting signs are ailowedin the B-IDistrictdirectlyadjacentto Minnesota $.tr~~tandGoJl~gepr()vided:' . . . c _, -, _ '_ -. a) Thep~oj~eting sign.does. not ~xtelid beyond the first floor of the buil<iIng,' . . . . b) No.l~s$.tl1,~p,ten fe.et;Q~c:le~l"an(,)ei~:Pt9yidedbetweenthe highest poit):tofth~)slileW;alkand the lowest point of the projecting sign. c) Cumulative projecting sign area is rtotgreaterthantwelve square feet and.tl1a~jri;uu:nsignwidth not greater than three feet. C" . d) MaxitnU111distallce between a projectirig sign and the building face dQe~lli'tex:cl'l~doIie fOQ(. 9. Sandwich .a~ard.$igns ~re aLlowed only in the a.,.!. District directly adjacent to Minnesota Street and College provided: a) No. ll1o,i'ethAA o;J;1e'satuiwicpbo.ard sign Shall be.allowed for each tenant on a parcel of property . b) The sandwich board sign does not exceed 36" in height or30" in width. c) The sign is displayed. only during norinaLoperating hours of the business on the' parcel of property oli. which the sign' is located. d) The.sign does not require arty formo.felectricityor display lights or moving parts. . eJ That.suchsjgnsdonot blo.ck driveways~ entryways or pedestrian ac.cesses, do not significantly o.cclude the sidewalk anellor do not impact sightlines/view at street intersections. f) 'The sign is made of weather and wind resistant materials of superior quality. . g) The sign is not affixed to the sidewalk, othersignage or temporary or permanent structure. h) The maximum. aggtegatesquare footage of allowable sign area' is not exceeded. i) The sign owner provides proof of liability insurance. listing the City as an additional insured and ho.ldingtbe City harmless atthe same time it applies to the City for a permit for the sign. 9 b) Design Standards for I>ropertieswith HighwayfFreeway Visibility. The following standards pertain to sign.swithintheJ:l-2Gener~lB~sinessbistrict, the B-3 District and IndustrialDistricts which are visible from Interstate 94. These standards are in addition to, and supersede, other standards contained herein. I. The standards contained in thiss\1bdivision relate to signs on parcels adjacentto ot visible from principalarierials, minor arterials, and collector stteets. 2. Signs shall employ superiot..quatity, perfila11ent materials. Natural materials such as wood, brick, stone, glass, etc are highly encouraged. 3. Signs shall be architecturally compatible with the style, composition, materials, color and details of the building to which it relates and other structures. within the/applicable zoning.Classification. 4. Signage should be simple ~~d~on-~b~sive and should nat overshadow or daminate thecharacte~Qfa~y sttucture a~ the same parcel of praperty. This pravisian applies only to' the design and appearance af the signage and nat to' the message contained therean. 5. The use af natural color palettes in freestanding signage is highly desired. 6. All fteestandingsignsshallemploy landscaping that is aesthetically pleasing and compHmentaty to.the quality of uses. within the area. Subd.12:Nan..ConfotrrlingSigns: Compliance. It isrecagnized that signs exist within the zoning districts which were lawful befare this sign ordinance was enacted, but will be prohibited under the terms of this section. It is the intent af this sign ardinance that nonconlbrtfii11g signs shall not'beenlatgedupon or expliFlded, nor be used as grounds for adding other signs or uses prohibited. elseWhere in the same.district. Itis further the intent afthis sign ordinance to permit legal noncahfofu1ing signsex.isting an the effective dateaf this sign ordinance to continue as legal nancanforming signs provided such signs are safe, are maintained so as nat to' be unsightly, and have nat beenabandaned or remaved subjectta the fallowing provISIOns: a) No sign shaH be enlargedar. altered in a way which increases its noncanfarmity. b) If the use af the noncanforming. signor sign structure is discantinued for a period of ane year, the sign or sign strueture shall not be reconstructed or used except in canformity with the pravisions of this ordinance. c) Shauld such nonconforming sigh or sign structure be damaged ar structure be destroyed by any means to all ex.tent greater than fiftY (50) percent af its market value and all required permits for its reconstruction have not been applied for 10 within 180 dl:lysofwhen:thesignorsignstructurewasdamaged; itshall nothe reconstructed or used except inconformity with the provisions of this ordinance. d) Should such sign or sign strUQtpte bernoved . for any reason Jor any distance whatsoever, it shalltber~~ftet. confonntothe regnlationsfor the zoning. district in which it is located after it is moved. e) No existing nonconforming si~tlsha.ll he enlarged, expandedormovedexceptiti changing the sightoasignpennitted in the zoningdistriciinwhichisitlocated; f} When a par~el of propertyloseS-itsnQnconforming statusallsigrts devotedto the property shall be removed.. and..all. signs painted .dii;e.ct)Y;91Jany&truCtw'e ,opthe property shall he repainted inaneutral color or a color whlchwi1I harmoniie with the structure. Subd. 13: Signs in Developing Suhdivisions. During thedevelopmentcif a new subdivision consistingoftwo (2) or more lots, there shall be allowed two (2) signs in the subdivision, not to exceed twelve (12) feet in height. A fee is required to be paid forthese signs; as set by Council resolution. The. City shall not review or consider the content of any message to he displayed on such signsw~en determining whether to grant a permit. In addition to the signs mentioned above, there shall be permitted one (1) sign not exceeding four (4) square feet, and not more than six (6) feet in height, per lot in the subdivision. All signs allowed according to . this Subdivision shall be removed when 75 percent of the lots in the subdivision. are fully developed, or within two (2)years following the beginning of developmentin the subdivision, whichever comes first. .No signs allowed according to this Subdivision may beiUuminated. $ubd. 14: Non-Commercial Speech. Notwithstanding.anyotherprovisionsofthis.sign ordinance, all non-commercial signs of any size may he posted in any number from August 1 in a state general election year until tert (10) days following the state general election, and all signs with a surface area of 50 square feet or less containing non-commercial speech may be posted from eight (8) weeks prior to any special election until seven (7) days following the special election. Signs permitted under this Subdivisiori shall be set back a minimum distance of no less than fifteen (IS) feet from the curb line, shall not be on any public right-of-way, and shall not be permitted on school property or any other public lands. Subd. 15: Substitution Clause. The ownerof any sign which is otherwise aHowedby this sign ordinance may substitute non-commercial speech in lieu of any other commercial speech or noncommercial speech. This suhstitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring.of . commercial speech over: non-commercial speech or favoring of any particular non-commercial speech over any other.non-commercia.l speech. . This provision prevails over any mote specific provision to the contrary. This amendnient is adopted the be effective upon publication. day of , 2006, and shall 11 This amendment was published on L:\CITY\STJOE\2006 CITY OF ST. JOSEPH By.. Richard Carlbom, Mayor By Judy Weyrens,. Administrator/Clerk ,2006. 12 AMENDMENT TO ORDINANCE 52 ZONING ORDINANCE REGARDING REGULATIONS OF SIGNS The Council oftheCity of St. Joseph hereby ordains: That Ordinance 52.11 is revoked in its entirety and the following language is enacted in its place: "Section 52.11: SIGNS Subd. 1: Findings. The City Council hereby finds as follows: a) Exterior signs have a substantial impact on the character and quality ofthe environment. b) Signs provide an important medium through which persons may convey a variety of messages. c) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. d) The city's zoning regulations include the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, and location that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare ofthe community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community. Subd.2: Purpose and Intent. It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this ordinance is to: a) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare. b) Establish standards which permit all persons the opportunity to display a wide variety of messages; to preserve and protect the value ofland, buildings and landscapes and promote the attractiveness ofthe community; to ensure that signs in the City are not a safety hazard to lives and/or property, to preserve order and to encourage persons to erect permanent signs and discourage temporary and/or portable signs. c) Improve the visual appearance ofthe City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. d) Provide for fair and consistent enforcement ofthe sign regulations set forth herein under the zoning authority of the City. Subd. 3: Effect. A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of this ordinance. The effect of this ordinance, as more specifically set forth herein, is to: a) Allow a wide variety of sign types in commercial zones, and a more limited variety of sign types in other zones, subject to the standards set forth in this sign ordinance. b) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this sign ordinance. c) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. d) Provide for the enforcement ofthe provisions of this sign ordinance. Subd. 4: Severabilitv. If any section, subsection, sentence, clause, orphrase of this Sign Ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this Sign Ordinance. The City Council hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid. Subd.5: Definitions. a) "Awning sign" - a building sign or graphic printed on or in some fashion attached directly to the awning material. b) "Balloon sign" - a sign consisting of a bag made of lightweight material supported by helium hot or pressurized air which is greater than twenty four 24 inches in diameter. c) "Canopy" - a rooflike cover often offabric plastic metal or glass on a support which provides shelter over a doorway. d) "Flashing sign" - a directly or indirectly illuminated sign which exhibits changing light or- color effect by any means so as to provide intermittent illumination which 2 includes the illusion of intermittent flashing light by means of animation. Also any mode oflighting which resembles zooming, twinkling or sparkling. e) "Illuminated Sign" - any sign which has characters, letter figures, designs or outline illuminated by electric lights or luminous tubes as part ofthe sign proper or by indirect lighting. f) "Marquee" ~ any permanent rooflike structure projecting beyond a theater building or extending along and projecting beyond the wall ofthat building generally designed and constructed to provide protection from the weather. g) "Monument sign" - a free standing sign in Which the entire base ofthe sign structure is in contact with the ground, providillgasolid and continuous background for the signface.that is the same width as the.signfrom.the. ground to the top ofthe sign. The base of the sign shall be constructed ofapermanent material such as concrete block or stone. The sign face shall occupy at least 50% of the monument sign. Signs should be constructed of materials either the same as the principal structure or that appear the same. h) "Off-premise sign" - a commercial speech sign which directs the attention ofthe public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off.premise sign. i) "Pole sign" - see Pylon Sign. j) "Pylon sign" -any freestanding sign which has its supportive structures anchored in the ground and which has a sign face elevated above ground level by poles or beams and with the area below the sign face open. k) "Sandwich board sign" - any freestanding sign which is composed of two pieces of flat, rigid material in the shape of a square or rectangle that are hinged at the top and whose bottom edges rest on the ground so as to create a triangular shape when being displayed. I) "Shimmering signs" - a sign which reflects an oscillating, sometimes distorted, visual image. m) "Temporary sign" - a sign that is not permanently affixed to the ground, a sign that is not permanently affixed to any other permanent structure that is in turn affixed to the ground, or a sign that is..c~pa~le of being moved bYrnechanic~I()r non.mechanical means. including sandwich board signs. 3 --f Deleted: not n) "Wall" - any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of sixty (60) degrees or greater with the horizontal plane. 0) "Wall sign" - any building sign attached parallel to, but within eighteen (18) inches of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. Subd. 6: Permit Reauired. No sign shall be erected, altered, reconstructed, maintained or moved in the city without first securing a permit from the city. The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Application for a permit shall be in writing addressed to the zoning administrator and shall contain the following information: a) names and addresses of the applicant owners ofthe sign and lot; b) the address at which any signs are to be erected; c) the lot block and addition at which the signs are to be erected and the street on which they are to front; d) a complete set of plans, showing the necessary elevations, distances, size and details to fully and clearly represent the construction and place of the signs; e) the cost of the sign; f) type of sign (Le. wall sign, monument sign, etc.); g) certification by applicant indicating the application complies with all requirements of the sign ordinance; and h) if the proposed sign is along a state trunk highway or interstate highway, the application shaH be accompanied by proof that the applicant has obtained a permit from the state for the sign. The zoning administrator shall approve or deny the sign permit in an expedited manner no more than 60 days from the receipt of the complete application, including applicable fee. All permits not approved or denied within 60 days shall be deemed approved. If the permit is denied, the issuing authority shall prepare a written notice of denial within 10 days of its decision, describing the applicant's appeal rights under Section 525 15, and send it by certified mail, return receipt requested, to the applicant. Subd.7: General Provisions. The following regulations shall apply to all signs hereafter permitted: 4 a) Signs shall not be permitted within the public right-of-way or easements, except as erected by an official unit of government or public utilities for the direction of traffic or necessary public information, unless approved by the appropriate government entity. b) Signs shall not be conStructed or maintained in a manner which obstructs traffic visibility. c) Flashing or rotating signs resembling emergency vehicles shall not be permitted in any district. d) No sign shall be placed that resembles any official marker erected by a governmental agency or shall display such words as "stop" or "danger". e) No sign shall be permitted to obstruct any window, door, fire escllpe, stairway or opening intended to provide light, llir, ingress or egress for any building or structure. f) Where a sign is an illuminated sign, the source oflight shall not shine upon any part ofa residence or into a residence district or any roadway. g) One (1) sign, regardless of its type, shall be permitted on each parcel of property in any residential district, and such signs shall be limited to an overall area of six (6) square feet. The limitations stated in this provision can only be modified according to Subdivision 14 of this Section. h) The following types of signs are not permitted in any residential district: 1. Awning signs 2. Marquee signs 3. Balloon signs 4. Pole signs 5. Canopy signs 6. Pylon signs and 7. Flashing signs 8. Shimmering signs 9. Wall sign i) Pylon signs and off-premise signs shall not be permitted in any zoning district. j) No sign shall be of such a nature or placed in such a position that it will cause danger to traffic on a street. k) Signs which may be or may hereafter become rotted, unsafe or unsightly shall be repaired or removed by the owner or lessee of the property upon which the sign stands upon notice by the Building Inspector. The owner, lessee or manager of 5 any sign that contacts the ground and the owner of the land on which the same is located shall keep grass, weeds and other growth cut and shall remove all debris and rubbish from the lot on which the sign is located. If the owner, licensee or. owner ofthe property fails to act in accordance with this paragraph, the City may remove the sign in question upon the direction of the City Council, and all costs incurred for removal may be charged to the owner of the sign and if unpaid, certified to the County Auditor as a lien against the property on which the sign was located. I) No sign shall project more than two (2) feet over a public sidewalk. m) Signs shall not be located on the roof of a building. n) No sign shall be painted directly on the side ofthe building, unless it is clearly demonstrated to the Planning Commission, at the time that a permit for the sign is applied for, that the location of the sign does not threaten the structural integrity of the building in question, cause a safety hazard to any persons or propertyiR the vicinity of the building in question, and is aesthetically consistent with and non-offensive to the properties in the immediate area of the building in question. 0) No sign shall violate the side or rear yard setback requirements of the district in which it is placed. p) No sign shall exceed 250 square feet in surface area. q) Except for monument signs and temporary signs, the surface area of the base of any sign shall not exceed 25% of the face area unless structural engineering illustrates the face cannot meet the wind loading requirements of the Building Code. Subd.8: Temporary Signs. a) Fee. A fee set forth by resolution applies to a permit for temporary or portable signs. b) Maximum Size. The maximum size of a portable or temporary sign is sixty-four (64) square feet. The maximum size ofa portable or temporary sign in any residential zoning district is limited to six (6) square feet. c) Duration. The duration of time that a portable or temporary sign can be located on a property is limited to forty (40) days in anyone calendar year only after application has been approved for location and placement. d) Illuminated Signs. Illuminated signs, whether temporary or portable, shall have a recognized seal of approval of listing from Underwriters Laboratories Inc. (UL) or other recognized electrical standard and installed in conformance with the 6 listing or, if more restricted, the National Electrical Code as adopted by the State of Minnesota. e) One Sign Per Parcel. There shall be no more than one temporary or portable sign per parcel of property. In the event that there are n1Ultiple tenants on a siggle parcel of property on which temporary or portable signs are allowed, not more than two portable signs shall be located on the parcel at any given time. One portable sign will be allowed per strip mall site within the B-2 district. f) Ground Fault Circuit Interoreters. The internal wiring of an illuminated outdoor sign that is temporary or portable and readily accessible shall be supplied from, and protected by, ground fault circuit interpreters. g) Extension Cords.. Extension cords used to supply power to portable ortemporary signs shall be enclosed in metal conduit or elevated at least nine. (9) feet above the ground to prevent tripping or electrical hazards. h) Anchors. Anchors for portable or temporary signs shall be subject to approval by the Buildinglnspector and maintained to prevent displacement or tipping over during high winds. Subd. 9: Exemptions. The following sign shall not require a permit. This exemption, however, shall not be construed as relieving the owner oBhe sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this ordinance or any other law or ordinance regulating the same. The exemption is as follows: The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on-site changes involving sign painting elsewhere than directly on a building. Subd. 10: Permitted Signs; Business Districts. a) Wall Signs. Each tenant other than those in multi-tenant buildings may have one flat wall sign. Such signage may extend from the face of the roof over a covered walk. Such wall signs shall not exceed 15% of the area of the wall to which the sign is attached, to a maximum of96 square feet. b) Monument Signs. Each tenant other than those in multi-tenant buildings may have a monument sign that shall not exceed 80 square feet in surface area, and 15 feet in height, and is setback a minimum 20 feet from the property lines. c) Multi-Tenant Wall Signs. Each tenant in a multi-tenant building may have a flat wall sign. The aggregate area of such signs shall not exceed 5% of the area of the wall to which they are attached. d) Multi-Tenant Monument Signs. One monument sign shall be permitted for each multi-tenant building provided the surface area of the sign does not exceed 100 square feet, per side, and 15 feet in height, and is setback in no case less than 20 7 feet from the property lines. The area may be increased to a maximum of ISO square feet per side for developments of over 20 acres. e) Canopies and A WIlings. The design of canopies shall be in keeping with the overall building design in terms ofloeation size and color. No canopies with visible wall hangers shall be permitted. Signage on canopies may be substituted for allowed building signage and shall be limited to 25% of the canopy area. Internally-illuminated canopies must be compatible with the overall color scheme ofthe building. Subd. II: Design Standards for Downtown and High Visibility Corridors. a) Design Standards for B-1 Central Business District. The following standards pertain to signs within the B-1 Central Business District and are in addition to, and supersede, other standards contained herein. I. Pylon and free-standing permanent signs are prohibited in the B-1 District directly adjacent to Minnesota Street; except one monument sign may be permitted per parcel of property provided the aggregate size of the monument does not exceed one square foot for every one foot of frontage. 2. Signs shall be architecturally compatible with the style, composition, materials, colors and details of the building to which it relates and other signs on other buildings within the B-1 District. 3. Signage should be simple and the signage should not overshadow or dominate the character of the structure. This provision applies only to the design and appearance of the signage and not to the message contained thereon. 4. Illuminated signs should feature indirect lighting that is shielded from view unless ornamental in nature. Signs capable of being lit in the evening should limit the view of such lights from motorists and pedestrians. 5. The overall design of all signage including the mounting framework shall relate to the design of the principal building on the property. For buildings without a recognizable style, the sign shall adopt the decorative features of the building, utilizing the same materials and colors. 6. Signs painted directly on window glass or hung in windows are permitted. Such signs shall be counted toward the maximum size requirement and shall be limited to 20% of the window area. 7. The maximum height of a sign in a business district shall be 15 feet. 8 8. Projecting signs are allowed in the B-1 District directly adjacent to Minnesota Street and College provided: a) The projecting sign does not extend beyond the first floor ofthe building. . b) No less than ten feet of clearance is provided between the highest point of the sidewalk and the lowest point of the projecting sign. c) Cumulative projecting sign area is not greater than twelve square feet and maximum sign width not greater than three feet. d) Maximum distance between a projecting sign and the building face doesn't exceed one foot. 9. Sandwich.Board Signs are allowed orily in the B-1 District directly adjacent to Minnesota Street and College provided: a) No more than one sandwich board sign shall be allowed for each tenant on a parcel of property. b) The sandwich board sign does not exceed 36" in height or 30" in width. c) The sign is displayed only during normal operating hours of the business on the parcel of property on which the sign is located. d) The sign does not require any form of electricity or display lights or moving parts. e) That such signs do not block driveways, entryways or pedestrian accesses, do not significantly occlude the sidewalk and/or do not impact sightlines/view at street intersections. f) The sign is made of weather and wind resistant materials of superior quality. g) The sign is not affixed to the sidewalk, other signage or temporary or permanent structure. h) The maximum aggregate square footage of allowable sign area is not exceeded. i) The sign owner provides proof of liability insurance listing the City as an additional insured and holding the City harmless at the same time it applies to the City for a permit for the sign. 9 b) Design Standards for Properties with HighwaylFreeway Visibility. The following standards pertain to signs within the B-2 General Business District, the B-3 District and Industrial Districts which are visible from Interstate 94. These standards are in addition to, and supersede, other standards contained herein. 1. The standards contained in this subdivision relate to signs on parcels adjacent to or visible from principal arterials, minor arterials, and collector streets. 2. Signs shall employ superior-quality, permanent materials. Natural materials such as wood, brick, stont;:, glass, etc are highly encouraged. 3. Signs shall be architecturally compatible with the style, composition, materials, color and details ofthe buildin,g to which it relates and other structures within the applicable zoning classification. 4. Signage should be simple and non-obtrusive and should not overshadow or dominate the character of any structure on the same parcel of property. This provision applies only to the design and appearance of the signage and not to the message contained thereon. 5. The use of natural color palettes in freestanding signage is highly desired. 6. All freestanding signs shall employ landscaping that is aesthetically pleasing and complimentary to the quality of uses within the area. Subd. 12: Non-Conforming Signs: Compliance. It is recognized that signs exist within the zoning districts which were lawful before this sign ordinance was enacted, but will be prohibited under the terms of this section. It is the intent of this sign ordinance that nonconforming signs shall not be enlarged upon or expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to permit legal nonconforming signs existing on the effective date of this sign ordinance to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: a) No sign shall be enlarged or altered in a way which increases its nonconformity. b) If the use of the nonconf0l111ing sign or sign structure is discontinued for a period of one year, the sign or sign structure shall not be reconstructed or used except in conformity with the provisions of this ordinance. c) Should such nonconforming sign or sign structure be damaged or structure be destroyed by any means to an extent greater than fifty (50) percent of its market value and all required permits for its reconstruction have not been applied for 10 within 180 days of when the sign or sign structure was damaged, it shall not be reconstructed or used except in conformity with the provisions of this ordinance. d) Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. e) No existing nonconforming sign shall be enlarged, expanded or moved except in changing the sign to a sign permitted in the zoning district in which is it located. f) When a parcel of property loses its nonconforming status all signs devoted to the property shall be removed and all signs painted directly on any structure on the property shall be repainted in a neutral color or a color which will harmonize with the structure. Subd. 13: Signs in Developing Subdivisions. During the development of a new subdivision consisting of two (2) Or more lots, there shall be allowed two (2) signs inthe subdivision, not to exceed twelve (12) feet in height. A fee is required to be paid for these signs, as set by Council resolution. The City shall not review or consider the content of any message to be displayed on such signs when determining whether to grant a permit. In addition to the signs mentioned above, there shall be permitted one (1) sign not exceeding four (4) square feet, and not more than six (6) feet in height, per lot in the subdivision. All signs allowed according to this Subdivision shall be removed when 75 percent of the lots in the subdivision are fully developed, or within two (2) years following the beginning of development in the subdivision, whichever comes first. No signs allowed according to this Subdivision may be illuminated. Subd. 14: Non-Commercial Speech. Notwithstanding any other provisions ofthis sign ordinance, all non-commercial signs of any size may be posted in any number from August 1 in a state general election year until ten (10) days following the state general election, and all signs with a surface area of 50 square feet or less containing non-commercial speech may be posted from eight (8) weeks prior to any special election until seven (7) days following the special election. Signs permitted under this Subdivision shall be set back a minimum distance of no less than fifteen (15) feet from the curb line, shall not be on any public right-of-way, and shall not be permitted on school property or any other public lands. Subd. 15: Substitution Clause. The owner of any sign which is otherwise allowed by this sign ordinance may substitute non-commercial speech in lieu of any other commercial speech or non commercial speech. This substitution of copy may be made without any additional approval or permitting. The purpose ofthis provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary. This amendment is adopted the be effective upon publication. day of , 2006, and shall 11 This amendment was published on L:\CITY\STJOE\2006 CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk ,2006. 12 CITY COUNCIL RESOLUTION #2006-041 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 52.21 (TRANSPORTATION CORRIDOR OVERLAY DISTRICT SITE AND DESIGN STANDARDS) RECITALS: WHEREAS, the City Council for the City of St. Joseph has passed the adoption of Ordinance 52.21, entitled "Transportation Corridor Overlay District Site and Design Standards". WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary ofthe Ordinance clearly informs the public ofthe intent and effect ofthe Ordinance. 2. The City ofSt. Joseph directs the City Administrator to publish the Ordinance by Summary Publication. Adopted this _ day of opposed. , 2006, by a vote of _ in favor and_ CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk . ..... .(jIT~.-OFST.J()SEPHJ< . ... ....... . ... ORDINANCE.52.21 (TRANSP9R'I'A'l'I()N..CORRIDOROVERLAYDISTRICTSIl'E AND DE$I(}~ ~l'ANJ)AJU)S) SI1MMAaV PUBLICATION The City of St. Joseph has adopted an ordinance entitled Transpoi:tationC()rridorOverlay DistrictSite and Design Standards. The purpose. of this new ()rdinanc.e is to create a TransportatlpnCorridol' QverlayDistrict whichwill enhance the appearance and protect the value of prop~rty along the Corridor. .. It 'provides parking . standards, sign standards, site. standards and building layout design {or the Corridor District. This mat~rial is a summary of Ordinance 52.21. . The full t~x.:t of the Ordinance is available for inspection by any person during regular office hours at the office of the ~t.Joseph . . - '. City ~dministrator-Clerk. Thissumrriary publication was adopted-by the City Council of81. Joseph on the --'---- day of , 2006, and shall be effective upon publication. . CITY OF ST. JOSEPH By Richard Carlbom, Mayor By . Judy Weyrens, Administrator/Clerk This summary publication was published on . , 2006. L:\citylstjoe\2006 1 ORDINANCE 52.21 TRANSPORTATIONCORRIbOR.OYERLAY DIStRICT$ITEAND ])E;SIGN 'STANDARDS . . . . ..--'--'---..'., . -- "Section 52.21: TRANSPORTATION-CORRIDOROVERLAY bISTRICTSITE AND DESIGN'.$TANDARDS Subd. 1. Intent. . Thi~ distriQt is itJ.tenq~4' to,pp~t~~t' an<;l: promote .thehe~l~h~.safety .amI... general welrare 9fthe. public;tp,' ~riliAAci thev1suAlap,:pe~;3;i)9~ of th.e~oJJriqQr;\topt~tect aridp,tOlnote the. appeat'itBPe" chliU'3.cter and economic values along. the. corridor and. theslUTouri.,dlng neighhorhoods. '-: ,-, - .-. -' ,,'.-- - -: . Thisdi~ict isftttthennore intended. to maintainth~ loJ'lg-termfUllctionof arterial an.d. collect9!..' ro.adw.a.Ms.; to ..limit access .andthe" nurnber< of'l;;onflict points;. to promote vehic~l~rc..ir,cMlatt()n; and to ,promote pre~entionorre4\.lctioll of traffic congestion and danger in the public streets. Su.bd.2. Scope. a) The Transportation Coqidor Overlay . District shall be defined asfoHows: 1. CSAH 75 Corridor: a) - West of South Fork ofWatahRiver: areas within. 300 feet from the nearest edge .0ftheCSAH 75 right. of way. b) CSAH 75 West of 20th Avenue; areas within 300 . feet from the nearest edge of the aSAR 75 right of way.. '. 2. 20th Avenue Corridor: a) South of CSAR 75: areas within 300 feeLfromthe nearest edge of the 20th Avenue right of way. . . b) North ofCSAH75: areas within 300 feet. from the nearest edge of the 20th Avenue right of way. . . 3. tSAR 2/CSAH3 Corridor: a) South of CSAR75: areas within 300 feet from thenearestedge . of the FUTURE CSAR 2 right of way. b. North of CSAR75: areas within 300 feet fromthenearest edge oftl:1eCSAHf/C,~AI:13ri$ht of way. l' 4. 1-94 Corridor: a) 500 feet from the nearest edge ofthe 1-94 right of way. Subd. 3. ExelI11>tions.... Sil)~le and two~family .re~ideI1tial.uses:;halln()t~he subjecttq tile standards or the transportation corridor ovetlaytlistrict. However, at such. tiine that a siJ;1g1e. or two.. family residential use is to be converted to another use it will be subject to the standards of the transportation corridor overlay district. Subd. 4. Uses Allowed. Permitted, conditional, interim and accessory uses allowed within the transportation corridor overlay district shall be the same uses those allowed in the applicable underlying zoning district(s). Subd. ..5'. .cSetbacks, .si~~. coverage, . building. height,. building. reqllirements . contained within the, appli:~able undert~ng zonill~ districtshaU.applt' Ina:~ditiol1 th~ following standards shall be observed. All 'buiIdingsshallmailltaina minimumse,~back o~one, ~undred (100) feet from the road right-of-way limit. Comer lots shaIl maintain !Wofrant setbacks. Subd.6.ParkingStan~ards'The follo",ing standards shallbein addition to those req~il'ed within Section 84 of this ordina~ce relating to off-street parking and loading. Where standards conflict the most restrictive standard shall apply. a) Parking areas shall be designed and located so as to have minimal visual impact along transportation corridors. Therefore, all parking areas shall be constructed inthe rearor side yards, unless spe,cifically permitted inthefront yard by the Planning Commission. When permitted in the front yard, additlonallandscaping and buffering may be required by the Planning Commission to minimize visual impact. No parking will be allowed within a fifty (50) toot setback from the nearest external boundary ofthe applicable transportation corridor right-of-way limit. b) Where a development application covers land located adjacent. to an existing parking lot used for similar Plll'Poses, a vehicular connection between the parking lots shall be provided wherever possible. For development applications adjacent to vacant properties, the site shall be designed and constructed to provide for a future connection. c) Parking lot landscaping.All~evelopment. sites. shall landscape an area equivalent to fifteen (i5) percent of the total area of the required parking lot. Said required landscaping shall be employed within the subject parking lot and adjacent to walkways within and leading to/from the subject parking lot. Subd. 7. Sign Standards. The following standards shall be in addition to those required within Section 52.11 of this ordinance relating to signs. Where standards conflict the most restrictive standard shall apply. a) Free-standing signs shall not be placed nearer than twenty (20) feet from the nearest edge of the transportation corridor right-of-way. b) Free-standing signs within the required landscaped greenway shall be designed 2 c) in a manner complementary to the 1~4s~ap~d,gJ.'~~;Q,VM~~,;' ' .,. - - . Fr, ;sUlJjdingid~,' j9.n,sigps ~lilMlhay~~JQW~PfQtU~ design not more than' e.tS) feet inh :'ahdshiill be'd~signedto complement and reflect the 'architecture of the bu:ildirtg." , ' Subd. 8. Site I).esignStandards. a) Viewsheds. 1. Viewsheds shall be defined as the area between ,~o separl;l1e locations wherein an uninterrupted view of each point is maintained. The yiewshe4" in.",tJ,W tli~s~Qrtatiori .cPrrlqp( Qv~tl3-Y. 4istrict ,shall at a mini111lJtQ. "cotre~pcm,<.t to' lij:,' fortY (40j, fQot ,1~nJi$.c~ped greenway' as . measlired fi:om: the ne~~@$l edge; of the . applic~ble right of way. ' " ' - - <, - . -. -. f ", - - ,- -' '., 2. Vi~wsheds shaH be consMered,ina:ll aevelopmentproposalapplications within th~ tran,~potU\tipn cor;,-1dor ovetlay district.. 3. Development shall be designed to rrtinimizethevisual intrusion of all buildings~ struPtul;es~and landscaping in the viewShed; b) Ou.tsid.e st()rage/d1spl~Y,Qfg()ods. 01ltside,sto.ra:ge'or~splaY ofgoods"except automotive and similar large item sales shall b.ecom,pletel:yscre~rted from the view of the corridor roadway by the employment of a vegetative buffer., This standard is in addition to those required within the underlying~oning classification and Section 52.10, Subd. 1 () of this ordinance relating to outdoor storage. Where standards conflict the most restrictive standard' shall apply . " c) Utilities. Utility lines, iIlcluding' ~lectric, cable and~lephone, to serve the d~velopment prQjeQt sha.lI be inst~:llledundergroll)1d.All junction and access ,boxes shall be s~reened. All utility pad fixtures, meter boxes, etc. shall be shown . on the site plan and integrated with the, architectural elements of the site. In redeveloping areas within ... the transportation. corridor overlay placement of utility lines under~ound is hi~hly encouraged. d) Fences. 1. This standard is in addition to those in Section, of this ordinance r~lating to fencing. Where standards conflict the, most restrictive standard shall apply. . 2. Fences exceeding four (4) feet in height shall belocatedin the side and rear yards only. 3. Chain link fences, including those with slats are prohibited when visible from the public right-of-way. 4. No fence shall he permitted in the front yard, except that those provided to enhance the visual appearance of the site/landscaping plan may be "' allowed, .pl'ovid~dthey 'do not exceed two feet in height and 'are of a 3 reasonable linear length. e) Me(;hanicaleq1Jjpment.Mech~nl(;alequipm~nfshilll beshi~lded and Screened from the PlibJic view and designed to be perceived as an integral.part of the building. t) Street tree landscaping. In all instances where comrrtercialand/or multi-family residential districts are adjacent to any public street, street tree/landscaping will be required as approved by the City. Subd. 9. Building LayoutlDesign. a) lrite$fated dev~lt>pthent.~llbttitdlngs \Vit~intheproperl)' shall be developed as a ,cohesive" en.tity,e~suii1'lg ,that building" placement, ,architectural treatment, vehicular !;tnd pedestrian cIrculation. and other development elements work t~gether,~~~~ionally an~,ae~t~efir~lly. Architectur~l.tl'e~tment shall be designed so that all,buildin~,facadesoftli,esalp-~buildi~~ (whether front, side, or rear) that are visible. from the public right""of-way,' Shall' consist of similar architectural treatment in terms of materials, quality, appearance and detail. b) Clustering. Buildings shall be ' clustered together to preserve natural and landscape open areas along the transportation corridor. Buildings shall be arranged in'a l11~llii1er that cteatesWell""defined~pen Space that is viewable from the traveled porfiOl1 of the cortidot. c) Architectural Appearance/Scale. 1. New buildings shall have generally complex exterior forms, including design components such. as windows, doors, and changes' in roof and facade ,orientation. Large flat expanseS of featureless exterior wall. shall be avoidelil. thetreatrneritofbuildings shall include vertical architectural treatment at least every 25.;30 feet to break down the scale of the building into smaller components. 2. Orientation. Iluildingfacades and entrances should be oriented in a manner toward the primary means of vehicular access. 3. Scale andproportion. Ne",construction should relate to the dominant proportions ofbuildin~s~nd streetscape in theimmediate area. The ratio of height to width and the ratio of mass (building) to void (openings) should be balanced. 4. Architectural details shall continue on all facades visible from the public right-of-way. 5. Any facade with a blank wall shall be screened with vegetative treatments and/or the installation faux architectural treatments (e.g. fenestrations) so as to break up the mass and bulk of the facade in a manner fitting the intent ohMs section. d) Materials. '~uilding materials shall be typical of those prevalent in commercial 4 areas,' includirlg, but not limited to, stucco, hrick,1rrchitectutal block, decorative' masonry, non-retlectivegIass and similar mat~.ri~ls., Architectural. metal may' be .lfSe? fqr ~. po,rti,on '. fa,c~4es:fa.<i1i;q;~.public,J~f ,wliy 1111t shall not be the do111inapt material e ,1Qyed with windows adQorsheiug excluded from .this . calculation. 2. AUislan,d PMPPY8tiiling fixtures shall be recessed. 3. Subd. 10.' Vegetative. ScreeninglBuffers. a) This$'tal.1datd is.in addition to those in Section 52.12,Subd. 30fthis ordinance relating to landscaping. Where standards conflict the mast restrictive standard shall apply . . b) Any required vegetative/planting screen shall be . designed, planted and maintained in accordance with a landscaping plan approved by the. Zoning Administrator. . . . c) The painting screen Shall provide an effective buffer between the area to be screened and the adjoining roadway or commercial/industrial development. . d) The planting. screen maybe comprised of previously existing vegetation' (provided that the majority of such existing vegetation is trees), new plantingsor any combination of existing vegetation and new plantings. Whellcomplete; the vegetation and plantings shall provide a dense yem:-round screen satisfying . the purpose and intent of this section. e) The plahting screen may consist of a mixture of deciduous and evergreen trees and/or shrubs or a planting of evergreen trees and/or shrubs. f) The planting screen shall be subject to on-site inspection by the City which, if necessary, may prescribe that additional plantings be made in order to satisfy the standards set out herein. g) The property owner. shall maintain vegetative/planting screening . in accordance. with the approved landscaping plan and to abide by requirements for any additionalplantings. . h) v..... e. ...g......"....e.....ta......t....i..v......e........b. Uf.....n...e.'.'.t.i.n.. .'.g.' ..... -In.. ........ a.........l...l........i.n.........s....t.....a...n.. ces.. ..w... here.' ....c. .0.'. mm..... e. r...c.ia. Jan... d./.'.... ..0. r. .multi-. fame il..y residential d:lstribtsare ~ajaCe11tto(sip~le..familyresidel1tia.I(Iistricts, and. in all instances whereconimercial districts' are adjacent to multi..familyresidential districts, there shall be established within the conunercial and/or multi-family di$trict,asaPelit~~le,~~<;<r~7ned ~Clfd~fv~~~~tivebuffering between the districts.T1tearran~me~t~nd spaping ofth.e vegetative1J~ffer shall be provided in such a manner as to effectively screen the activities of the subject lot. It shall generally be provided along the property line, unless topographic or other considerations would make it more effective if located back from the property line. " This ordinance is' adopted the be effective upon publication. day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By JudyWeyrens, AdmInistrator/Clerk This Ordinance was published on ,2006. L:\CITY\STJOEI2006 6 ORDINANCE 52.21 TRANSPORTATION CORRIDOR OVERLAY DISTRICT SITE AND DESIGN STANDARDS The Council ofthe City of St. Joseph hereby ordains: That the St. Joseph Code Book is amended by the addition of Ordinance 52.21. Ordinance 52.21 shall state as follows: "Section 52.21: TRANSPORTATION CORRIDOR OVERLAY DISTRICT SITE AND DESIGN STA,NDARDS Subd. 1. Intent. a) This district is intended to protect and promote the health, safety and general welfare dfthe public; to enhance. the visual appearance of the corridor; to protect and promote the appearance, character and economic values along the corridor and the surrounding neighborhoods. b) This district is furthermore intended to maintain the long-term function of arterial and collector roadways; to limit access and the number of conflict points; to promote vehicular circulation; and to promote prevention or reduction of traffic congestion and danger in the public streets. Subd. 2. Scope. a) The Transportation Corridor Overlay District shall be defined as follows: 1. CSAH 75 Corridor: a) West of South Fork ofWatab River: areas within 300 feet from the nearest edge of the CSAH 75 right of way. b) CSAH 75 West of 20th Avenue: areas within 300 feet from the nearest edge of the CSAH 75 right of way. 2. 20th Avenue Corridor: a) South of CSAH 75: areas within 300 feet from the nearest edge of the 20th Avenue right of way. b) North of CSAH 75: areas within 300 feet from the nearest edge of the 20th Avenue right of way. 3. CSAH 2/CSAH 3 Corridor: a) South of CSAH 75: areas within 300 feet from the nearest edge ofthe FUTURE CSAH 2 right of way. b. North of CSAH 75: areas within 300 feet from the nearest edge of the CSAH 2/CSAH 3 right of way. 4. 1-94 Corridor: a) 500 feet from the nearest edge of the 1-94 right of way. Subd. 3. Exemptions. Single and two-family residential uses shall not be subject to the standards of the transportation corridor overlay district. However, at such time that a single or two-family residential use is to be converted to another use it will be subject to the standards of the transportation corridor overlay district. Subd. 4. Uses Allowed. Permitted, conditional, interim and accessory uses allowed within the transportation corridor overlay district shall be the same uses those allowed in the applicable underlying zoning district(s). Subd. 5. Setbacks,. site coverage, building height, building requirements contained within the applicable underlying zoning district shall apply. In addition the following standards shall be observed. All buildings shall maintain a minimum setback of one hundred (100) feet from the road right-of-way limit. Comer lots shall maintain two front setbacks. Subd. 6. Parking Standards. The following standards shall be in addition to those required within Section 84 of this ordinance relating to off-street parking and loading. Where standards conflict the most restrictive standard shall apply. a) Parking areas shall be designed and located so as to have minimal visual impact along transportation corridors. Therefore, all parking areas shall be constructed in the rear or side yards, unless specifically permitted in the front yard by the Planning Commission. When permitted in the front yard, additional landscaping and buffering may be required by the Planning Commission to minimize visual impact. No parking will be allowed within a fifty (50) foot setback from the nearest external boundary of the applicable transportation corridor right-of-way limit. b) Where a development application covers land located adjacent to an existing parking lot used for similar purposes, a vehicular connection between the parking lots shall be provided wherever possible. For development applications adjacent to vacant properties, the site shall be designed and constructed to provide for a future connection. c) Parking lot landscaping. All development sites shall landscape an area equivalent to fifteen (15) percent of the total area of the required parking lot. Said required landscaping shall be employed within the subject parking lot and adjacent to walkways within and leading to/from the subject parking lot. Subd. 7. Sign Standards. The following standards shall be in addition to those required within Section 52.11 of this ordinance relating to signs. Where standards conflict the most restrictive standard shall apply. a) Free-standing signs shall not be placed nearer than twenty (20) feet from the nearest edge of the transportation corridor right-of-way. b) Free-standing signs within the required landscaped greenway shall be designed 2 in a manner complementary to the landscaped greenway. c) Free-standing identification signs shall have a low-profile design not more than eight (8) feet in height and sha.ll be designed to cOlnplement and reflect the architecture ofthe building. Subd. 8. Site Design Standards. a) Viewsheds. 1. Viewsheds shall be defined as the area between two separate locations wherein an uninterrupted view of each point is maintained. The viewshed in the transportation corridor overlay district shall at a minimum correspond to a forty (40) foot landscaped greenway as measured from the nearest edge of the applicable right of way. 2. Viewsheds shall be conSidered in all develgpment proposal applications within the transportation corridor overlay district. 3. Development shall be designed to minimize the visual intrusion of all buildings, structures, and landscaping in the viewshed. b) Outside storage/display of goods. Outside storage or display of goods except automotive and similar large item sales shall be completely screened from the view of the corridor roadway by the employment of a vegetative buffer. This standard is in addition to those required within the underlying zoning classification and Section 52.10, Subd. 10 of this ordinance relating to outdoor storage. Where standards conflict the most restrictive standard shall apply. c) Utilities. Utility lines, including electric, cable and telephone, to serve the development project shall be installed underground. All junction and access boxes shall be screened. All utility pad fixtures, meter boxes, etc. shall be shown on the site plan and integrated with the architectural elements of the site. In redeveloping areas within the transportation corridor overlay placement of utility lines underground is highly encouraged. d) Fences. 1. This standard is in addition to those in Section of this ordinance relating to fencing. Where standards conflict the most restrictive standard shall apply. 2. Fences exceeding four (4) feet in height shall be located in the side and rear yards only. 3. Chain link fences, including those with slats are prohibited when visible from the public right-of-way. 4. No fence shall be permitted in the front yard, except that those provided to enhance the visual appearance of the site/landscaping plan may be allowed provided they do not exceed two feet in height and are of a 3 reasonable linear length. e) Mechanical equipment. Mechanical equipment shall be shielded and screened from the public. view and designed to be perceived as an integral part of the building. f) ,$~~e~~ ~~~ !CIll4S9l!P}Qg.J!l_ ~1! !l!s~a1l.c~~ }vl1.e!~ 9<?1!1I11_e!,?i!lt ~<!I9! !1!ul~H~1!1!ly residential districts are adjacent to any public street. street tree/landscaping will be required as approved by the City I, Subd. 9. Building LavoutlDesign. a) Integrated development. All buildings within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. Architectural treatment shall be designed so that all building facades of the same building (whether front, side, or rear) that are visible from the public right-of-way, shall consist of similar architectural treatment in terms of materials, quality, appearance and detail. b) Clustering. Buildings shall be clustered together to preserve natural and landscape open areas along the transportation corridor. Buildings shall be arranged in a manner that creates well-defined open space that is viewable from the traveled portion of the corridor. c) Architectural Appearance/Scale. l. New buildings shall have generally complex exterior forms, including design components such as windows, doors, and changes in roof and facade orientation. Large flat expanses of featureless exterior wall shall be avoided. The treatment ofbllildings shall include vertical architectural treatment at least every 25-30 feet to break. down the scale of the building into smaller components. 2. Orientation. Building facades and entrances should be oriented in a manner toward the primary means of vehicular access. 3. Scale and proportion. New construction should relate to the dominant proportions of buildings and streetscape in the immediate area. The ratio of height to width and the ratio of mass (building) to void (openings) should be balanced. 4. Architectural details shall continue on all facades visible from the public right-of-way. 5. Any facade with a blank wall shall be screened with vegetative treatments and/or the installation faux architectural treatments (e.g. fenestrations) so as to break up the mass and bulk of the facade in a manner fitting the intent of this section. d) Materials. Building materials shall be typical of those prevalent in commercial 4 . Deleted: (CONSIDER ADJACENT TO CSAH 2) Formatted: Font: Not Bold Deleted: s... (NOTE: DESIGN STANDARDS ARE BEING OBTAINED BY CYNTHIA SMITH- STRACK) f Formatted: Font: Not Bold areas, including, but not limited to, stucco, brick, architectural block, decorative masonry, non-reflective glass and similar materials. Architectural metal may be used for a portion of facades facing public rights of way but shall not be the dominant material employed with windows and doors being excluded from this . calculation. .e) Color. The permanent color of building materials (to be left unpainted) shall resemble earthen tones preva.lent in nature. Showy and striking colors shall be avoided. f) Lighting: 1. All outdoor lighting fixtures shall be down-directed, with light trespass not to exceed 0.5 foot-candles at the property line. 2. All island canopy ceiling fixtures shall be recessed. 3. Whenever possible commercial lighting should be reduced in volume/intensity when said commercial facilities are not open for business. Subd. 10. Vegetative Screening/Buffers. a) This standard is in addition to those in Section 52.12, Subd. 3 of this ordinance relating to landscaping. Where standards conflict the most restrictive standard shall apply. b) Any required vegetative/planting screen shall be designed, planted and maintained in accordance with a landscaping plan approved by the Zoning Administrator. c) The painting screen shall provide an effective buffer between the area to be screened and the adjoining roadway or commercial/industrial development. d) The planting screen may be comprised of previously existing vegetation (provided that the majority of such existing vegetation is trees), new plantings or any combination of existing vegetation and new plantings. When complete, the vegetation and plantings shall provide a dense year-round screen satisfying the purpose and intent ofthis section. e) The planting screen may consist of a mixture of deciduous and evergreen trees and/or shrubs or a planting of evergreen trees and/or shrubs. f) The planting screen shall be subject to on-site inspection by the City which, if necessary, may prescribe that additional plantings be made in order to satisfy the standards set out herein. g) The property owner shall maintain vegetative/planting screening in accordance with the approved landscaping plan and to abide by requirements for any additional plantings. 5 h) Vegetative buffering. In all instances where commercial and/or multi-family residential districts are adjacent to single-family residential districts, and in all instances where commercial districts are adjacent to multi-family residential districts, there shall be established within the commercial and/or multi-family district, as applicable, a screened yard of vegetative buffering between the districts. The arrangement and spacing of the vegetative buffer shall be provided in such a manner as to effectively screen the activities of the subject lot. It shall generally be provided along the property line, unless topographic or other considerations would make it more effective if located back from the property line." This Ordinance is adopted the be effective upon publication. day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This Ordinance was published on ,2006. L:\CITYlSTJOE\2006 6 CITY COUNCIL RESOLUTION #2006-042 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 52.09 (PUD - PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT) RECITALS: WHEREAS, the City Council for the City ofSt. Joseph has passed the amendment to Ordinance 52.09, entitled "PUD - Planned Unit Development Overlay District". WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary of the Ordinance clearly informs the public ofthe intent and effect of the Ordinance. 2. The City of St. Joseph directs the City Administrator to publish the Ordinance by Summary Publication. Adopted this _ day of opposed. , 2006, by a vote of _ in favor and _ CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk CITY OF ST. JOSEPH ORDINANCE 52.09 (PUD - PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT) SUMMARY PUBLICATION The City of St. Joseph has amended Ordinance 52.09: .PUD - Planned Unit Development Overlay District. The purpose of this amendment to Ordinance 52.09 is to create a Planned Unit Development Overlay District (PUD). It sets forth the requirements for POO's, procedures to obtain PUD's, and procedures for amendment ofPUD's. This material is a summary of the amendments to Ordinance 52.09. The full text of the Ordinance is available for inspection by any person during regular office hours at the office of the St. Joseph City Administrator-Clerk. This summary publication was adopted by the City Council of St. Joseph on the._ day of , 2006, and shall be effective upon publication. CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This summary publication was published on ,2006. L:lcitylstioe\2006 1 AMENDMENT TO ORDINANCE 52.09 pun - PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT The Council of the City of St. Jos.eph hereby ordains: That Ordinance 52.09 is revoked in its entirety and the following language is enacted in its place: . Section 52.09: PUD - PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Subd. 1: Purp.oseandlntent. Th~ purpm~e of this section is to provide for the modifi.cation of certain J:f\gulations when it can. be d~l11onstrat~d that sucl1l1lodification would result in a development, which would. not increl:ls~ the den.sity and. intensity of land use beyond that which would be allowed if no. regulations were modified; would preserve or create features or facilitie.s of benefit to the com:munity.such as, but not limited to open space or active recreational facilitiesl which features or facilities would not have been provided if no regulations were modified, would be compatible with surrounding development, and would conform to the goals and policies ofthe Comprehensive Plan. Throughout this title, "PUD" shall mean the same as "planned unit development". Subd.2: Benefit to the Public Intended. PUD's are intended to encourage the efficient use of land and resources, to promote greater efficiency in public utility services and encourage innovation in the planning and building of all types of development. Planned unit developments shall demonstrate at least one of the following benefit to the. public. The applicant bears the burden of proving one or more public benefits exist: a) Innovations in residential development that: 1. Proactively and tangibly address the demand for housing for all economic levels; 2. Provide greater variety in tenure, type, design and sitting of dwellings. b) The reestablishment, preservation and/or enhancement of desirable site characteristics such as natural topographic and geologic features. c) A variety of housing types/densities together with preservation of open space/natural features within one development. d) The creation of active and/or passive recreational opportunities and/or facilities that would not have been provided if no regulations were modified. Subd.3: Types of Planned Unit Developments - Where Permitted. a) Two types of planned unit developments are hereby established subject to the use regulations of the zone in which the PUD is proposed to be located and 1 provided to the standard of subsection B (immediately following) are achieved: 1. Single-family PUD's, comprised of detached dwelling units on individual lots, necessary streets rigtits..of-way to serve such dwelling units and any common open space, recreational facilities or other areas or facilities. 2. Non-single-family PUD's, comprised of (a) attached dwelling units, detached dwelling units not on individual lots, retail, commercial, recreational, office, service or industrial buildings, or any combination thereof, the necessary streets and other public and/or private rights-of-way to serve such uses, and any appurtenant common open space, recreational facilities or other areas or facilities. 3. A PUD may comprise both of the above types, subject to compliance with the use regulations of the zone in which the PUD is proposed to be located. . b) Planned unit developments may be located in any zone subject to use regulations; provided, that: 1. Uses permitted in the PUD shall be governed by the use regulations of the underlying zoning classification or other generally applicable city regulations governing permitted uses, including special district regulations; and, 2. A Planned Unit Development for any parcel or track of land shall have a minimum net site area for each zoning district as set forth below excluding areas not suitable to development: a) Residential Districts - Twenty (20) acres minimum b) B-1 Central Business District - Mixed use of a Permitted Use and a multiple residential dwelling units will be allowed, but only if at least 50% of the interior square footage (exclusive of the basement or cellar) is used full time for a Permitted Use, and said permitted and residential uses are not conflicting. The area consisting of multiple residential dwelling units must meet the standards of Section 52.29, Subd. 5 and 6; and said residential uses occupy only the upper and/or rear portions of structures. Off-street parking requirements shall be separately determined for the commercial and residential uses in accordance with Section 52.10. c) B-2 Highway 75 Business District and B-3 General Business District - five (5) acres minimum. 2 d) LI -Light Industrial District - twenty (20) acres minimum 3. The design ofa PUll shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUll on adjacent properties and, conversely, to minimize. undesirable impact of adjacent land use and development characteristics on the PUll. 4. Common open space shall be either held in common ownership by all owners in the. Pl1ll or.dedica,ted fOJ:'public use,witha,pproval of the City COUnciL Whenever possiblej. common open space shall be linked to the open space areas of adjoining develppments. Common open space shall be of such size, shape, character, and locations as to be useable for its proposed purpose. 5. In agricultural areas or on land that does not have building development, PUD's will not be allowed if there has been removal of trees or grading of soil within ten (l0) years prior to the application for the PUll. Subd.4: General RequirementslPermitted Modifications. a) In General, In considering a proposed planned unit development project, the approval thereof may involve modifications in the regulations, requirements and the standards of the zone in which the project is located, and in the subdivision ordinance. In modifying such regulations, requirements and standards as they may apply to a planned unit development project the standard identified within this subsection and the limitations set forth in this subsections Band C (immediately following) shall apply. In order to be granted any such modifications, the applicant shall demonstrate. that the proposed development complies with the pmpose of this section. The applicant shall bear the burden of supporting any change in requirements. The city may increase any requirement necessary to make the project conform to the purposes of this section. I. Allowed Uses. Uses within the PUll may include only the uses generally considered associated with the general land use category shown for the area on the official Comprehensive Plan Land Use Plan. Specific allowed uses and performance standards for each PUll shall be delineated in the rezoning ordinance (if required), the development plan and the development agreement. The PUll development plan and agreement shall identify all the proposed land uses and those uses shall become permitted uses with the acceptance of the development plan and agreement. Any change in the list of uses presented in the development plan and agreement will be considered a major amendment to the PUll and will follow the procedme described herein relative to major PUll amendments. 3 2. Front Yard Setbacks. The requirements for minimum front yard setbacks for the zone in which the planned unit development is located shall apply to all exterior boundary lines of the site. 3. Distance Between Buildings. The planning commission shall set minimum distances between structures to assure adequate sunlight and open space; . provided, that minimum distances required by building and fire codes shall be met. 4. Buildings shall be . designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surfaces. No residential building shall have a single exterior wall longer than forty (40) feet without an offset in the exterior wall. Offsets between walls shall be at least thirty-two (32) inches and shall not exceed ten (10) feet. 5. Building height and corresponding setback requirements shall be governed by the requirements of the undetlying zone district classification as set forth therewith. 6. All permitted, permitted accessory and/or conditional uses contained in the undetlying zoning district shall be treated as permitted, permitted accessory and conditional uses in PUD ovetlay district. Uses not listed as permitted or conditional in a specific district shall not be allowed in a pun unless it is found that the use is complimentary to the functionality of the development and the other uses found therein 7. An increase in density may be permitted to encourage the preservation of natural topography and geological features. The minimum lot size requirements of other sections of this ordinance do not apply to a pun except that the minimum lot size requirements of the undetlying zone shall determine the maximum dvvelling unit density of a total development. The maximum dwelling unit density shall be determined by the area remaining after appropriate space for street right-of-way, other public dedications, such as but not limited to storm water detention ponds, trails and parklands have been determined and subtracted from the total PUD area. Excluded from the calculation of developable property shall be areas which would normally not be developable, such as waterways or water bodies, shorelands, flood plains, and the like in addition to areas required for streets, parks, pedestrian facilities, storm water controls and placement of public utilities. Wetlands can be utilized to determine the area of developable land. The maximum density for multiple dwellings under the pun shall be one one-bedroom unit for each 2,500 square feet of lot area, one two-bedroom uniffor each 3,000 square feet of lot area, and one three-bedroom unit for each 3,500 square feet of lot area and for each additional bedroom (over 3) per unit, an additional 500 square feet of lot area. If the property involved in the PUD includes land in more th~m one 4 zoning district, the number of dwelling units or the. square footage of commercial, residential or industrial uses in the pun shall be proportional to the am()unt thatwould be allowed separately on the parcels located in each of the underlying zoning districts, 8. Off..street parking and loading space shall be provided in each pun in the same ratios for types ofbuildin,gs and uses as required in the underlying zoning district. The City may reduce the number of parking spaces in commercial districts provided the pun applicants submit information demonstratillg ..~. r~duced n~e~f for p~kirtgJacilities (e.g. senior housing complex, pup' s featl.1ri~gjoint,l'arkillg facilities, parking study, proximity to and availability of bus service coupled with transit-friendly design,etc). The reductipn.in off-street parking and Ipadillg space must be pursuant to a special use p.ermit with conditions set by the City Council. 9. The major internal streets serving each planned unit development shall be functionally connected to at least one minor arterial or collector street as defined by the comprehensive plan. b) In Single-Family PUDs. Single-family PUDs shall be subject to the followillg limitations in modification of regulations in addition to those limitations set forth in subsection a (above', entitled "permitted modifications of regulations, in general") 1. The minimum lot size as required.in underlying zoning classification may be reduced by up to 15 percent; provided, that an area(s), not including a critical area or storm water conveyance or storage facility, equal to the combined reduction in lot area is set aside for the following: a. Common useable open space comprising of landscaping and facilities such as, but not limited to play areas, trails, picnic tables and benches; b. Areas containing significant trees as defined by the City; c. Other non-critical areas, the preservation or creation of which promote one or more goals and or goals and/or policies of the comprehensive plan; d. The applicant shall demonstrate that the area proposed to be set aside creates a public benefit which would not exist if the minimum lot size were not modified. 2. The minimum lot width as required within the underlying zoning classification may be reduced up to 10 percent; '5 3. Required yard setbacks shall not be reduced. c) Non...single-family PUDs.Non-single-family PUDs shallbe subject to the following limitations in modification of regulations in addition to those limitations set forth within the underlying zoning classification. I. When a PUD containing dwelling units is proposed on property having more than one underlying residential zone, the total number of dwelling units allowed may be determined by totaling the number of dwelling units allowed to be located on each portion of the pun area located in a separate zone according to the regulations of that zone. 2. The City, at its discretion, may allow the number of units arrived at under subsection c-I (immediately above) be located anyWhere within the planned unit development subject to the PUD approval process set forth in this chapter and provided that the City make a finding of fact that a public benefit resulting from such action is present. Subd. 5: Subdivision Requirements. The approval of a subdivision shall be required of all projects which involve or contemplate the subdivision of land and the procedures set forth in the subdivision ordinance shall be followed covcurrently herewith. The approved final development plan shall be a binding site plan. Subd.6: Pre-Application/Informational Meeting and Concept Plan Required. a) Informational Meeting. Prior to filing an application for Preliminary PUD plan approval, the applicant of the proposed PUD shall arrange for and attend an informational meeting with City staff. At such conference, the applicant shall be prepared to generally describe their proposal for a PUD. The primary purpose of the meeting shall be to provide the applicant with an opportunity to gather irtformationand obtain guidance as to the general suitability of the conformity to the provisions of this code before incurring substantial expense in the preparation of detailed plans, surveys, and other data. b) Following a pre-application/informal meeting, but prior to submitting an application for preliminary plan approval, the applicant for a proposed PUD shall submit to the City a general concept plan. I. Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the City showing their basic intent and the general nature ofthe entire development without incurring substantial cost. This concept plan is not considered an application for development. Review and acceptance of the concept plan by City staff does not constitute approval of the plan by the City. Review and acceptance of the concept plan merely allows the applicant to initiate the development process after an application has been submitted to the City. The concept 6 plan is simply an informal method of providing information to the developer as to whether the plan is generally acceptable or whether the plan has problem areas. The general concept plan should include the following elements: a. Overall maximum PUD density range. b. General location of major streets and pedestrian walkways. , c. General location and extent of public and/or common open space. d. General location of residential and non-residential land uses with a.pproximate intensities. .of development. e. Staging and timetable of development. f. Other special criteria for development. Subd.7: Preliminary and Final Plan Approval Required. a) Each PUD shall require preliminary and final approval. , b) If land subdivision is requested in conjunction with the PUD plan, both preliminary and final PUD approvals shall be processed concurrently with the platting procedures set forth in the City's Subdivision Ordinance. Required data, parkland/fee in lieu of parkland dedication, design standards and required improvements shall be thesame as per a conventional subdivision and as set forth within the City's Subdivision Ordinance. In addition to the data requirements itemized within the Subdivision Ordinance the application shall also include information necessa.ry to process the PUDpreliminary and final planes) as contained within this chapter. The City Administrator may waive requirements determined to be redundant. Subd.8: Phased Development. Development of the project may be phased, in which case each complete phase may be processed separately through both preliminary development plan review and final development plan review. A map showing all property owned or controlled by the developer which is contiguous to the development site or which is within the area determined by the City to be relevant for comprehensive planning and environmental assessment purposes, together with a preliminary plat of said properties' eventual development through all potential phases shall be submitted with the application for the first phase. The developer is not responsible for providing a preliminary plat for contiguous or nearby property which is not owned or controlled by the developer. The preliminary plat shall conform to the purposes of this section and shall be used by the City to review all phases of the development. All phases of this development 7 shall conform to the preliminary plat, all conditions of approval and applicable regulations. Subd. 9: Preliminary PUDs - Contents of Complete Application. a) The applicant shall file with the City a preliminary plat plan which is consistent with the requirements of the City's Subdivision Ordinance, Ordinance 54. The preliminary plat plan shall include the following: 1. A legal description of the property proposed to be developed; 2. A map of the subject property and surrounding area determined by the City to be relevantfor comprehensive planning, environmental assessment or zoning review purposes, which shall depict comprehensive plan designations, zoning classifications and existing land uses and utility mains/urban facilities including parks and streets; 3. A proposed site plan for the subject property depicting the following: a. Identify all setbacks for lots and other areas of the development. b. Identify boundaries of areas of trees. Also identify areas where there are trees eight inches in trunk diameter measured four feet above the base of the, trunk; c. Designated placement, location, and principal dimensions of lots, buildings, streets, parking areas, recreation areas and other open space, landscaping areas and utilities; d. If the developer owns or otherwise controls property adjacent to the proposed development, a conceptual plan for such property demonstrating that it can be developed in a compatible manner with the proposed development; e. Park and trail plan pursuant to Ordinance 54.18. 4. A conceptual landscape plan showing existing and proposed landscaping including groundcover, shrubbery and tree species; 5. Drawing and/or text showing scale, bulk and architectural character of proposed structures; 6. For single-family PUDs, a conceptual drawing depicting the number and location of lots which would be allowed if no regulations were modified; 7. Special features including but not limited to critical areas and site or structures of historic significance; 8 8. Text describing conditions or features which cannot be adequately displayed on maps or drawings; 9. A narrative stating how the proposed development complies with the goals and policies of the Comprehensive Plan; 10. A narrative itemizing all proposed land uses (permitted, conditional, interim, accessory) conditions related thereto (proposed and as required within the. undetlying:zot1ingclll1)~ificatiol1) an~ thee.xtent of proposed uses. (I.e. number ofJjnits; del1sity. allowed via underlying zoning classifications and density proposed for the. PUD; 11. A narrative stating how the proposed pun plan impacts adjacent property owners; 12. A narrative describing proposed operation/maintenance of the development including open areas, storm water features and recreational facilities resulting from the subdivision; 13. If applicable, draft conditions, covenants and restrictions and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities; 14. Information normally required within the underlying zoning classification relating to site plan review. 15. Other information required by the City and the Subdivision Ordinance, Ordinance 54.. b) The applicant may submit to the City Administrator director proposed development standards, which, if approved by the City, shall be come a part of the preliminary plan in lieu of the requirement of subsection a-2 of this section for specifying placement, location and principal dimensions of buildings, streets, and parking areas. This alternative process is intended to accommodate the need for flexibility in large-scale non-single-family developments, while insuring that sufficient information as to the nature of the development is available upon which to base a decision concerning the preliminary development plan. Proposed development standards shall specifically set forth parameters for location, dimensions and design of buildings, streets and parking areas. Subd 10: Preliminary puns - Criteria for Approval a) Preliminary pun approval shall be granted by the City only if the applicant demonstrates that: 9 1. The proposed project shall not be detrimental to present and potential surrounding land use. 2. Land surrounding the proposed development can be planned in coordination with the proposed development and can be developed so as to be mutually compatible. 3. Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed project and an in the vicinity ofthe proposed project, in light of the criteria set forth in the Subdivision Ordinance and the comprehensive plan. 4. Services including portable water, sanitary Sewer and storm drainage are available or can be provided by the development prior to occupancy. 5. Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, recreation spaces, . landscape and utility areas necessary for creating and sustaining a desirable and stable environment. 6. The project conforms with the purposes and standards prescribed in this chapter. 7. The project conforms to the Comprehensive Plan. b) Conformance with the design standards and required improvements as set forth within the Subdivision Ordinance. Subd. 11:. Preliminary PUDs - Minor and Maior Changes to an Approved Preliminary PUD. a) A proposed minor change to an approved PUD require a public hearing and shall be incorporated into the application for final pun approval, and any notification regarding such final pun approval shall describe the proposed minor change(s). A "minor change" means any departure from the conditions of preliminary approval which is not a "ma.jor change" and includes but is not limited to the following: 1. Revisions to a number of dwelling units in a structure; 2. Revisions-to number of non-residential structures; 3. Revisions to heights of structures; 4. Revisions to location of internal roads; 10 5. Revisions similar in nature to those above as determined by the City. b) A proposed major change to an lJ,pprovedpreliminary pun. shall re.quire reapplication for preliminary PUO approval and arty notification regarding such preliminary PUD approval shall describe the proposed major change or changes. A major change is any departure from the conditions of the preliminary PUD approval which would result in any ofthe following: 1. Revisions to the approved design c.oncept; 2. Revisions to the '!-pproved us~(s); 3. An incre'!-se. in the number of residential dwelling units; 4. An increase in square foot'!-ge of non-residential structures; 5. A decrease in the amount of landscaping, site perimeter buffering, and open space; and , 6. An increase in traffic volumes or change in circulation patterns which impacts surrounding development. Subd. 12: Final PUDs - Contents of Complete Application. Within 12 months following the approval of the preliminary PUD, the applicant shall file with the City a final PUD conforming to the approved preliminary PUD. The final pun shall include all the requirements under the Subdivision Ordinance, Ordinance 54, and the following information: 1. A survey of the property, showing for all areas to be developed or disturbed existing features, including an identification of all setbacks for each lot and the boundaries for the development, buildings, structures, trees over eight inches in trunk diameter measureq four feet above the base of the trunk, streets, utility easements, rights-of-way, and existing land uses; 2. Elevation and perspective drawings of project structures and improvements; 3. Proposed final conditions, covenants and restrictions (CC&Rs) and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities, which CC&Rs and other documents shall be recorded upon final PUD approval; 4. Proposed final agreements which may have been required as conditions of preliminary PUD approval; 11 5. A development schedule; 6. The following plans and diagrams; a. An off-street parking plan; b. Landscaping and tree planting plan, including site grading; c. Park and trail plan consistent with Ordinance 54.18. Subd. 13: Final puns - Criteria for Approval. Final pun approval shall be granted by the City only if the applicant demonstrates that the final PUD substantially conforms to the approved preliminary PUD. For the purposes of this section, "substantially conforms" means that, as compared to the preliminary pun, the final PUD contains no revisions in density, uses, designm development standards or in the site plan, other than the minor changes pursuant to Subd. 11 of this section. Subd. 14: Final puns - Failure to File - Termination. a) In the event the final PUD or any required attendant papers are not filed within ninety (90) days following approval of a preliminary pun, except as provided elsewhere in this Section or as noted in subsection b (immediately following this subsection), the approval ofthe preliminary PUD shall lapse and the approval shall be deemed null and void and without force or effect. b) When it is determined as part of the preliminary PUD approval that the final PUD is to be phased, the final PUD for the first phase shall be submitted within 12 months of preliminary approval. The final development plan for each subsequent phase shall be submitted within the schedule established at the time of preliminary pun approval. In the case of a pun, which includes a subdivision, the final PUD shall be submitted within five years of receiving preliminary approval. c) The time period for filing of final PUDs shall not include periods of time during which progress on the final PUD was reasonable halted or delayed due to the filing and pendency of legal actions challenging an approval granted by the City pursuant to this Section; provided, that in all cases when more than two years have elapsed subsequent to the date of approval of a preliminary pun the permittee shall be required to comply with all current building, construction, subdivision and other applicable standards of the City prior to being granted approval ofthe final PUD; provided, that a change in zoning district classification enacted subsequent to approval of the final development plan shall not affect the project. Subd. 16: Final puns - Adiustments to Approved Final PUD 12 a) The City Administrator is authorized to allow adjustments in accordance with subsection b(which irnmediatel)' follow$-thissectio!l)ofthi~ Section. The City Administrator shall allow only such adjustments as are consistent with guidelines established in subsection b of this section, and in no case shall an adjustment be allow if it will increase the total amount of floor space - authorized in the. approved final pun, or then-umber of dwelling units or density, or decrease the amount'ofparking or loadil1gfacilities or permit buildings to locate. substantiallY closer to any boundary line or change substantiallY any point of ingress ..or egress to the. site. b) For the purposes of this section, "adjusttnen~"means.aIlY departure from the conditions of final pun approval which complies with the following criteria: 1. the aqjustment maintains the design intent and quality of the original approval; 2. The amount of landscaping, buffering and open space shall not be reduced; 3. The number of dwelling units in residential developments and the square footage of structures shall not increase; 4. The adjustment shall not relocate a building, street or other use more than 20 feet in any direction and shall not reduce any required yard and/or setback; 5. The height of buildings and other structures shall not increase; 6. Views from both structures on-site and off-site shall not be substantially reduced; 7. Traffic volumes shall not increase and circulation patterns shall not change; 8. Changes in colors, plant material and parking lot configurations are minor; 9. The adjustment does not add significant new environmental impacts or significantly increase environmental impacts disclosed in the original documents; 10. The City Administrator determines that the change will not increase any adverse impacts or undesirable effects of the project, or that the change in no way significantly alters the project. 13 c) If proposed amendments to an approved PUD can not be classified as an "adjustment", the PUDshall be amended using the "Minor andMajor Changes to an Approved Preliminary PUD" process described in Subd. 11 herein. Subd.17: Developers Agreement Required for Final PUD. Prior to the installation of required improvements mandated by the Subdivision Ordinance, Ordinance 54, and prior to approval of the Final Plat for the PUD, the developer shall enter into a contract with the City requiring that the developer furnish and construct improvements required by Ordinance 54 at the developer's expense and in accordance with plans and specifications to be approved by the City Engineer. The CitylDeveloper contract shall stipulate the type and extent ofthe improvements to be constructed, the cost of construction, the construction time schedule, the City's authority to inspect the construction and the amount ofthe escrow deposit performance bond, warranty bond and labor and materialman bond to be furnished. The City/Developer Agreement shall be in substantially similar form and content as the attached City/Developer Agreement in Appendix "B" of Ordinance 54. Subd. 18: Operating and Maintenance Requirements for PUD Common Open Space and Service Facilities. a) Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. b) Common open space and service facilities within a PUD shall be placed under the ownership of one or more ofthe following: 1. Landlord control where only use by tenants is anticipated. 2. Property owners association, provided all of the following conditions are met: a. Prior to the use, occupancy, sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document as specified in Minnesota Statutes shall be filed with the City Administrator prior to the filings of the declaration of documents or floor plans with the County Recorder's Office. b. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration. 14 c. The declaration of covenants, conditions and restrictions shall provide thatan owner' sassociation or corporation m8:Y pe formed and if such an association or corporation which shall maintainallprQpertiesand common areas in good repair and.which shall assess individual property owners proportionate share of joint or common costs. This declaration shall he suhject to the review and approvaiofthe City Attorney. The intent of this requirement is to . protect the property va.lues of the individual through estahlishing effective private control. d.. The dechlration shall addition~ny pf()vide th~t in the.event the association or corporation fails t() maintainprQpe.rties in accordance with the applicable. rules and regulations of the City Of fails to. pay taxes orassessment~ onpr()pertiesas thyY. becOllledue,and in the event the City incurs any expenses not immediately reimbursed by the association or corporation, thel1the City shall have the .right to assess each property its pro rata share of the expenses. Such assessments, together with interest thereon and. costs of collectioI")., shall be a lien on each property against which such assessment is made. e. Membership in the association must be mandatory for each owner and any successive buyer and the association must be responsible for liahility insurance, taxes, and the maintenance of the open space facilities to be deeded to it. f. The open space restrictions must be permanent and not for a given period of years. g. Property owners must pay their pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with state law and the association must be able to adjust the assessment to meet changing needs. h. The by-laws and rules of the association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan. c) Staging of common open space. The construction and provision of all of the common open space and public improvements and recreational facilities that are shown on thefmal development plan for a PUD must proceed at the same rate as the construction of dwelling units or other private facilities. Subd. 19: Termination of Planned Unit Development - Failure to Commence or Continue Construction. If the construction has not been started within two (2) years from the date of approval of the final PUD with an associated subdivision, or two years from 15 the date of approval of any other final PUD, or if construction has been commenced but the work has been abandoned for a period of one year or more, and if no extension of time has been granted as provided herein, the authorization granted for the planned unit development project shall terminate and all permits and approval issued pursuant to such authorization shall expire and be null and void. The time period of commencing or continuing construction shall not include periods of time during which commencement of construction or continuation of construetion was reasonably halted or reasonably delayed due to the filing of a pendency of legal action challenging an approval granted by the City pursuant to this Section; however, in all cases, when more than five yearS have elapsed subsequent to the date of approval of any other final pun with associated subdivision, or more than two years have elapsed subsequent to the date of approval of any other final PUD the permittee shall be required to comply with all current building, construction, subdivision and other applicable standards of the City; provided, that a change in zoning district classification enacted subsequent to approval of the final development plan shall not affect the project. Subd. 22: Lots Subiect to Final PUD. All lots or other divisions of a subdivided planned unit development shall remain subject to compliance with the final development plan regardless of the fact of subdivision in compliance with the Subdivision Ordinance or lot(s)/division(s) of a SUbdivided pun where subsequently conveyed. This amendment is adopted the and shall be effective upon publication. day of ,2006, CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This Ordinance was published on ,2006. L:\CITY\STJOE\2006 16 AMENDMENT TO ORDINANCE 52.09 PUD - PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT The Council of the City ofSt. Joseph hereby ordains: That Ordinance 52.09 is revoked in its entirety and the following language is enacted in its place: Section 52.09: PUD - PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT Subd. I: PUlpose and Intent. The purpose ofthissection is to provide for the modification of certain regulations when it can be demonstrated that such modification would result in a development, which would not increase the density and intensity of land use beyond that which would be allowed if no regulations were modified; would preserve or create features or facilities of bene. fit to the community such as, but not limited to open space or active recreational facilitie~, which features or facilities would not have been provided if no regulations were modified, would be compatible with surrounding development, and would conform to the goals and policies of the Comprehensive Plan. Throughout this title, "PUD" shall mean the same as "planned unit development". Subd.2: Benefit to the Public Intended. PUD's are intended to encourage the efficient use of land and resources, to promote greater efficiency in public utility services and encourage innovation in the planning and building of all types of development. Planned unit developments shall demonstrate at least one of the following benefit to the public. The applicant bears the burden of proving one or more public benefits exist: a) Innovations in residential development that: I. Pro actively and tangibly address the demand for housing for all economic levels; 2. Provide greater variety in tenure, type, design and sitting of dwellings. b) The reestablishment, preservation and/or enhancement of desirable site characteristics such as natural topographic and geologic features. c) A variety of housing types/densities together with preservation of open space/natural features within one development. d) The creation of active and/or passive recreational opportunities and/or facilities that would not have been provided if no regulations were modified. Subd. 3: Types of Planned Unit Developments - Where Permitted. a) Two types of planned unit developments are hereby established subject to the use regulations of the zone in which thePUD is proposed to be located and provided to the standard of subsection B '(immediately following) are achieved: 1. Single-family PUD's, comprised of detached dwelling units on individual lots, necessary streets rights-of-way to serve such dwelling units and any common open space, recreational facilities or other areas or facilities. 2. Non-single-family PUD's, comprised of (a) attached dwelling units, detached dwelling units not on individual lots, retail, commercial, recreational, office, service or industrial buildings, or any combination thereof, the necessary streets and other public and/or private rights-of-way to serve such uses, and any appurtenant common open space, recreational facilities or other areas or facilities. 3. A PUD may comprise both of the above types, subject to compliance with the use regulations of the zone in which the PUD is proposed to be located. b) Planned unit developments may be located in any zone subject to use regulations; provided, that: 1. Uses permitted in the PUD shall be governed by the use regulations of the underlying zoning classification or other generally applicable city regulations governing permitted uses, including special district regulations; and, 2. A Planned Unit Development for any parcel or track ofland shall have a minimum net site area for each zoning district as set forth below excluding areas not suitable to development: a) Residential Districts - Twenty (20) acres minimum b) B-1 Central Business District - Mixed use of a Permitted Use and a multiple residential dwelling units will be allowed, but only if at least 50% ofthe interior square footage (exclusive of the basement or cellar) is used full time for a Permitted Use, and said permitted and residential uses are not conflicting. The area consisting of multiple residential dwelling units must meet the standards of Section 52.29, Subd. 5 and 6; and said residential uses occupy only the upper and/or rear portions of structures. Off-street parking requirements shall be separately determined for the commercial and residential uses in accordance with Section 52.10. c) B-2 Highway 75 Business District and B-3 General Business District - five (5) acres minimum. 2 d) LI - Light Industrial District - twenty (20) acres minimum 3. The design of a PUD shall take into account the relationship ofthe site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize undesirable impactofthe PUD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development charactel'isticson the PUD. 4. Common open space shall be either held in common ownership by all owners in the PUD or dedicated for public use with approval ofthe City Council. Whenever possible, common open space shall be linked to the open space areas of adjoining developments. Common open space, shall be of such size, shape, character, and locations as to be useable for its proposed purpose. 5. In agriculturatareas or on land that does not have building development, PUD'swillnot be allowed iftherehas been removal of trees or gradin~ of soil within ten (I 0) years prior to the aj:>pIication for the PUD. Subd.4: General RequirementslPermitted Modifications. a) In General. In considering a proposed planned unit development project, the approval thereof may involve modifications in the regulations, requirements and the standards of the zone in which the project is located, and in the subdivision ordinance. In moditying such regulations, requirements and standards as they may apply to a planned unit development project the standard identified within this su.bsection and the limitations set forth in this subsections Band C (immediately following) shall apply. In order to be granted any such modifications, the applicant shall demonstrate that the proposed development complies with the purpose of this section. The applicant shall bear the burden of supporting any change in requirements. The city may increase any requirement necessary to make the project conform to the purposes of this section. I. Allowed Uses. Uses within the PUD may include only the uses generally considered associated with the general land use category shown for the area on the official Comprehensive Plan Land Use Plan. Specific allowed uses and performance standards for eachPUD shall be delineated in the rezoning ordinance (if required), the development plan and the development agreement. The PUD development plan and agreement shall identity all the proposed land uses and those uses shall become permitted uses with the acceptance of the development plan and agreement. Any change in the list of uses presented in the development plan and agreement will be considered a major amendment to the PUD and will follow the procedure described herein relative to major PUD amendments. 3 -. ..---.-.-] Deleted: PUD's will only be allowed on property that has bee,n nndisturbed for a period of twenty (20) years or more. PUD's will not be allowed on property in which trees have been removed prior to the application for the PUD. 2. Front Yard Setbacks. The requirements for minimum front yard setbacks for the zone in which the planned unit development is located shall apply to all exterior boundary Jines of the site. 3. Distance Between Buildings. The planning commission shall set minimum distances between structures to assure adequate sunlight and open space; provided, that minimum distances required by building and fire codes shall be met. 4. Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surfaces. No residential building shall have a single exterior wall longer than forty (40) feet without an offset in the exterior wall. Offsets between walls shall be at least thirty-two (32) inches and shall not exceed ten (10) feet. 5. P_uildiIlK h~ight l!l!.d_ ~~r!~SP9!1<Ji.!1g_s~!b_ap~ !~ql!,i!~~~1!.t~ ~l}l!I! tJ~ g9y~rp~<J _ by the requirements of the underlying zone district classification as set forth therewith. 6. All permitted, permitted accessory and/or conditional uses contained in the underlying zoning district shall be treated as permitted, permitted accessory and conditional uses in PUD overlay district. Uses not listed as permitted or conditional in a specific district shall not be allowed in a PUD unless it is found that the use is complimentary to the functionality of the development and the other uses found therein 7. An increase in density may be permitted to encourage the preservation of natural topography and geological features. The minimum lot size requirements of other sections of this ordinance do not apply to a PUD except that the minimum lot size requirements of the underlying zone shall . determine the maximum dwelling unit density of a total development. The maximum dwelling unit density shall be determined by the area remaining after appropriate space for street right-of-way, other public dedications, such as but not limited to storm water detention ponds, trails and parklands have been determined and subtracted from the total PUD area. Excluded from the calculation of developable property shall be areas which would normally not be developable, such as waterways or water bodies, shore lands, flood plains, and the like in addition to areas required for streets, parks, pedestrian facilities, storm water controls and placement of public utilities. Wetlands can be utilized to determine the area of developable land. The maximum density for multiple dwellings under the PUD shall be one one-bedroom unit for each 2,500 square feet of lot area, one two-bedroom unit for each 3,000 square feetoflot area, and one three-bedroom unit for each 3,500 square feet oflot area and for each additional bedroom (over 3) per unit, an additional 500 square feet of lot area. Ifthe property involved in the PUD includes land in more than oneo 4 -( Deleted: Building Height. zoning district, the number of dwelling units or the square footage of commercial, residential or industrial uses in the PUD shall be proportional to the amount that would be allowed separately on the parcels located in each ofthe underlying zoning districts. 8. Off-street parking and loading space shall be provided in each PUD in the same ratios for types of buildings and uses as required in the underlying zoning district. The City may reduce the number of parking spaces in commercial districts provided the PUD applicants submit information demonstrating a reduced need for parking facilities (e.g. senior housing complex, PUD's featuring joint parking facilities, parking study, proximity to and availability of bus service coupled with transit-friendly design, etc). The reduction in omstree.t parking and loading space must be pursuant to a special use permit with conditions set by the City Council. 9. The major internal streets serving each planned unit developmentshall be functionaIly connected to at least one minor arterial or collector street as defined by the comprehensive plan. b) In Single-Family PUDs. Single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth in subsection a (above, entitled "permitted modifications of regulations, in general") I. The minimum lot size as required in underlying zoning classification may be reduced by up to 15 percent; provided, that an area(s), not including a critical area or storm water conveyance or storage facility, equal to the combined reduction in lot area is set aside for the following: a. Common useable open space comprising oflandscaping and facilities such as, but not limited to play areas, trails, picnic tables and benches; b. Areas containing significant trees as defined by the City; c. Other non-critical areas, the preservation or creation of which promote one or more goals and or goals and/or policies of the comprehensive plan; d. The applicant shall demonstrate that the area proposed to be set aside creates a public benefit which would not exist if the minimum lot size were not modified. 2. The minimum lot width as required within the underlying zoning classification may be reduced up to 10 percent; 5 3. Required yard setbacks shall not be reduced. c) Non-single-family PUDs. Non-single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth within the underlying zoning classification. 1. When a PUD containing dwelling units is proposed on property having more than one underlying residential zone, the total number of dwelling units allowed may be determined by totaling the number of dwelling units allowed to be located on each portion of the PUD area located in a separate zone according to the regulations ofthat zone. 2. The City, at its discretion, may allow the number of units arrived at under subsection c~ I (immediately above) be located anywhere within the planned unit development subject to the PUD approval process set forth in this chapter and provided that the City make a finding of fact that a public benefit resulting from such action is present. Subd.5: Subdivision Requirements. The approval of a subdivision shall be required of all projects which involve or contemplate the subdivision of land and the procedures set forth in the subdivision ordinance shall be followed concurrently herewith. The approved final development plan shall be a binding site plan. Subd.6: Pre-Application/Informational Meeting and Concept Plan Reouired. a) Informational Meeting. Prior to filing an application for Preliminary PUD plan approval, the applicant of the proposed PUD.shall arrange for and attend an informational meeting with City staff. At such conference, the applicant shall be prepared to generally describe their proposal for a PUD. The primary purpose of the meeting shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the conformity to the provisions of this code before incurring substantial expense in the preparation of detailed plans, surveys, and other data. b) Following a pre-application/informal meeting, but prior to submitting an application for preliminary plan approval, the applicant for a proposed PUD shall submit to the City a general concept plan. I. Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the City showing their basic intent and the general nature of the entire development without incurring substantial cost. This concept plan is not considered an application for development. Review and acceptance of the concept plan by City staff does not constitute approval of the plan by the City. Review and acceptance of the concept plan merely allows the applicant to initiate the development process after an application has been submitted to the City. The concept 6 plan is simply an informal method of providing information to the . developer as to whether the plan is generally acceptable or whether the plan has problem areas. The general concept plan should include the following elements: a. Overall maximum PUD density range. b. General location of major streets an.d pedestrian walkways. c. General location and extent of public and/or common open space. d. General location of residential and non-residential land uses with approximate intensities of development. e. Staging and timetable of development. f. Other special criteria for development. Subd. 7: Preliminary and Final Plan Approval Required. a) Each PUD shall require preliminary and final approval. b) If land subdivision is requested in conjunction with the PUD plan, both preliminary and final.PUD approvals shall be processed concurrently with the platting procedures set forth in the City's Subdivision Ordinance. Required data, parkland/fee in lieu of parkland dedication, design standards and required improvements shall be the same as per a conventional subdivision and as set forth within the City's Subdivision Ordinance. In addition to the data requirements itemized within the Subdivision Ordinance the application shall also include information necessary to process the PUD preliminary and final planes) as contained within this chapter. The City Administrator may waive requirements determined to be redundant. Subd.8: Phased Development. Development of the project may be phased, in which case each complete phase may be processed separately through both preliminary development plan review and final development plan review. A map showing all property owned or controlled by the developer which is contiguous to the development site or which is within the area determined by the City to be relevant for comprehensive planning and environmental assessment purposes, together with a preliminary plat of said properties' eventual development through all potential phases shall be submitted with the application for the first phase. The developer is not responsible for providing a preliminary plat for contiguous or nearby property which is not owned or controlled by the developer. The preliminary plat shall conform to the purposes of this section and shall be used by the City to review all phases of the development. All phases of this development 7 shall conform to the preliminary plat, all conditions of approval and applicable regulations. Subd. 9: Preliminary PUDs - Contents of Complete Application. a) The applicant shall file with the City a preliminary plat plan which is consistent with the requirements of the City's Subdivision Ordinance, Ordinance 54. The preliminary plat plan shall include the following: 1. A legal description of the property proposed to be developed; 2. A map ofthe subject property and surrounding area determined by the City to be relevant for comprehensive planning, environmental assessment or zoning review purposes, which shall depict comprehensive plan designations, zoning classifications and existing land uses and utility mains/urban facilities including parks and streets; 3. A proposed site plan for the subject property depicting the following: a. Identify all setbacks for lots and other areas of the development. b. Identify boundaries of areas of trees. Also identify areas where there are trees eight inches in trunk diameter measured four feet above the base of the trunk; c. Designated placement, location, and principal dimensions of lots, buildings, streets, parking areas, recreation areas and other open space, landscaping areas and utilities; d. Ifthe developer owns or otherwise controls property adjacent to the proposed development, a conceptual plan for such property demonstrating that it can be developed in a compatible manner with the proposed development; e. Park and trail plan pursuant to Ordinance 54.18. 4. A conceptual landscape plan showing existing and proposed landscaping including groundcover, shrubbery and tree species; 5. Drawing and/or text showing scale, bulk and architectural character of proposed structures; 6. For single-family PUDs, a conceptual drawing depicting the number and location oflots which would be allowed if no regulations were modified; 7. Special features including but not limited to critical areas and site or structures of historic significance; 8 8. Text describing conditions or features which cannot be adequately displayed on maps or drawings; 9. A narrative stating how the proposed development complies with the goals an.d policies of the Comprehensive Plan; 10. A narrative itemizing all proposed land uses (permitted, conditional, interim, accessory) conditions related thereto (proposed and as required within the underlying zoning classification) and the extent of proposed uses (i.e. number of units; density allowed via underlying zoning classifications and density proposed for the PUD; 11. A narrative stating how the proposed PUD plan impacts adjacent property owners; 12. A narrative describing proposed operation/maintenance of the development including open areas, storm water features and recreational facilities resulting from the subdivision; 13. Ifapplicable, draft conditions, covenants and restrictions and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities; 14. Information normally required within the underlying zoning classification relating to site plan review. 15. Other information required by the City and the Subdivision Ordinance, Ordinance 54.. b) The applicant may submit to the City Administrator director proposed development standards, which, ifapproved by the City, shall be come a part of the preliminary plan in lieu of the requirement of subsection a-2 of this section for specifying placement, location and principal dimensions of buildings, streets, and parking areas. This alternative process is intended to accommodate the need for flexibility in large-scale non-single-family developments, while insuring that sufficient information as to the nature ofthe development is available upon which to base a decision concerning the preliminary development plan. Proposed development standards shall specifically set forth parameters for location, dimensions and design of buildings, streets and parking areas. Subd 10: Preliminary PUDs - Criteria for Approval a) Preliminary PUD approval shall be granted by the City only if the applicant demonstrates that; 9 1. The proposed project shall not be detrimental to present and potential surrounding land use. 2. Land surrounding the proposed development can be planned in coordination with the proposed development and can be developed so as to be mutually compatible. 3. Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed project and an in the vicinity of the proposed project, in light ofthe criteria set forth in the Subdivision Ordinance and the comprehensive plan. 4. Services including portable water, sanitary sewer and storm drainage are available or can be provided by the development prior to occupancy. 5. Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, recreation spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment. 6. The project conforms with the purposes and standards prescribed in this chapter. 7. The project conforms tb the Comprehensive Plan. b) Conformance with the design standards and required improvements as set forth within the Subdivision Ordinance. Subd. 11: Preliminarv puns - Minor and Maior Changes to an Approved Preliminarv pun. a) A proposed minor change to an approved pun require a public hearing and shall be incorporated into the application for final pun approval, and any notification regarding such final pun approval shall describe the proposed minor change(s). A "minor change" means any departure from the conditions of preliminary approval which is not a "major change" and includes but is not limited to the following: 1. Revisions to a number of dwelling units in a structure; 2. Revisions to number of non-residential structures; 3. Revisions to heights of structures; 4. Revisions to location of internal roads; 10 5. Revisions similar in nature to those above as determined by the City. .b) A proposed major change to an approved preliminary pun sha.1I require reapplication for preliminary pun approval and any notification regarding such preliminary pun approval shall describe the proposed major change or changes. A major change is any departure from the conditions ofthe preliminary pun approval which would result in any of the following: 1. Revisions to the approved design concept; 2. Revisions to the approved use(s); 3. An increase in the number of residential dwelling units; 4. An increase in square footage of non-residential structures; 5. A decrease in the amount oflandscaping, site perimeter buffering, and open space; and 6. An increase in traffic volumes or change in circulation patterns which impacts surrounding development. Subd. 12: Final puns - Contents of Complete Application. Within 12 months following the approval of the preliminary pun, the applicant shaH file with the City a final pun conforming to the approved preliminary PUD. The final PUn shall include all the requirements under the Subdivision Ordinance, Ordinance 54, and the following information: 1. A survey ofthe property, showing for all areas to be developed or disturbed existing features, including an identification of all setbacks for each lot and the boundaries for the development, buildings, structures, trees over eight inches in trunk diameter measured four feet above the base of the trunk, streets, utility easements, rights-of-way, and existing land uses; 2. Elevation and perspective drawings of project structures and improvements; 3. Proposed final conditions, covenants and restrictions (CC&Rs) and other documents relating to operation and maintenance ofthe development, including all of its open areas and recreational facilities, which CC&Rs and other documents shall be recorded upon final pun approval; 4. Proposed final agreements which may have been required as conditions of preliminary PUD approval; 11 5. A development schedule; 6. The following plans and diagrams; a. An off-street parking plan; b. Landscaping and tree planting plan, including site grading; c. Park and trail plan consistent with Ordinance 54.18. Subd. 13: Final PUDs ~ Criteria for Approval. Final PUD approval shall be granted by the City only ifthe applicant demonstrates that the final PUD substantially conforms to the approved preliminary PUD. For the purposes of this section, "substantially conforms" means that, as compared to the preliminary PUD, the final PUD contains no revisions in density, uses, design or development standards or in the site plan, other than the minor changes pursuant to Subd. 11 of this section. Subd. 14: Final PUDs ~ Failure to File - Termination. a) In the event the final PUD or any required attendant papers are not filed within ninety (90) days following approval of a preliminary PUD, except as provided elsewhere in this Section or as noted in subsection b (immediately following this subsection), the approval of the preliminary PUD shall lapse and the approval shall be deemed null and void and without force or effect. b). When it is determined as part ofthe preliminary PUD approval that the final PUD is to be phased, the final PUD for the first phase shall be submitted within 12 months of preliminary approval. The final development plan for each subsequent phase shall be submitted within the schedule established at the time of preliminary PUD approval. In the case of a POO, which includes a subdivision, the final PUD shall be submitted within five years of receiving preliminary approval. c) The time period for filing of final PUDs shall not include periods oftime during which progress on the final PUD was reasonable halted or delayed due to the filing and pendency of legal actions challenging an approval granted by the City pursuant to this Section; provided, that in all cases when more than two years have elapsed subsequent to the date of approval of a preliminary PUD the permittee shall be required to comply with all current building, construction, subdivision and other applicable standards ofthe City prior to being granted approval of the final PUD; provided, that a change in zoning district classification enacted subsequent to approval of the final development plan shall not affect the project. Subd. 16: Final PUDs ~ Adiustments to Approved Final PUD 12 a) The City Administrator is authorized to allow adjustments in accordance with subsection b (which immediately follows this section) ofthis Section. The City Administrator shall allow only such adjustments as are consistent with guidelines established in subsection b of this section, and in no case shall an adjustment be allow if it will increase the total amount of floor space authorized in the approved final pun, or the nul11ber of dwelling units or density, or decrease the amount of parking or loading facilities or permit buildings to locate substantially closer to anyb()undary line or change substantially any point of ingress ot egress. to the site. b) For the purposes ofthis section, "adjustments" means any departure from the conditions of final pun approval which complies with the following criteria: 1. The adjustment maintains the design intent and quality of the original approval; 2. The amount of landscaping, buffering and open space shall not be reduced; 3. The number of dwelling units in residential developments and the square footage of structures shall not increase; 4. The adjustment shall not relocate a building, street or other use more than 20 feet in any direction and shall not reduce any required yard and/or setback; 5. The height of buildings and other structures shall not increase; 6. Views from both structures on-site and off-site shall not be substantially reduced; 7. Traffic volumes shall not increase and circulation patterns shall not change; 8. Changes in colors, plant material and parking lot configurations are minor; 9. The adjustment does not add significant new environmental impacts or significantly increase environmental impacts disclosed in the original documents; 10. The City Administrator detennines that the change will not increase any adverse impacts or undesirable effects of the project, or that the change in no way significantly alters the project. 13 c) Ifproposed amendments to an approved PUD can not be classified as an "adjustment", the PUD shall be amended using the "Minor and Major - Changes to an Approved Preliminary PUD" process described in Subd. 11 herein. Subd. 17: Develooers Agreement Required for Final PUD. Prior to the installation of required improvements mandated by the Subdivision Ordinance, Ordinance 54, and prior to approval of the Final Plat for the PUD, the developer shall enter into a contract with the City requiring that the developer furnish and construct improvements required by Ordinance 54 at the developer's expense and in accordance with plans and specifications to be approved by the City Engineer. The City/Developer contract shall stipulate the type and extent ofthe improvements to be constructed, the cost of construction, the construction time schedule, the City's authority to inspect the construction and the amount of the escrow deposit performance bond, warranty bond and labor and materialman bond to be furnished. The City/DeveloperAgreement shall be in substantially similar form and content as the attached City/Developer Agreement in Appendix liB" of Ordinance 54. Subd. 18: Operating and Maintenance Requirements for PUD Common Ooen Space and Service Facilities. a) Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. b) Common open space and service facilities within a PUD shall be placed under the ownership of one or more of the following: 1. Landlord control where only use by tenants is anticipated. 2. Property owners association, provided all of the following conditions are met: a. Prior to the use, occupancy, sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document as specified in Minnesota Statutes shall be filed with the City Administrator prior to the filings of the declaration of documents or floor plans with the County Recorder's Office. b. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration. 14 c. The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation may be formed and if such an association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate share of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect th~property values ofthe individual through establishing effective private control. d. The declaration shall additionally provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City or fails to pay taxes or assessments on properties as they become du~, and in th~ event the City incurs any expenses not immediately reimbursed by the association or corporation, then the City shall have the right to assess each property its pro rata share ofthe expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which such assessment is made. e. Membership in the association must be mandatory for each owner and any successive buyer and the association must be responsible for liability insurance, taxes, and the maintenance of the open space facilities to be deeded to it. f. The open space restrictions must be permanent and not for a given period of years. g. Property owners must pay their pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with state law and the association must be able to adjust the assessment to meet changing needs. h. The by-laws and rules ofthe association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final pun plan. c) Staging of common open space. The construction and provision of all of the common open space and public improvements and recreational facilities that are shown on the final development plan for a pun must proceed at the same rate as the construction of dwelling units or other private facilities. Subd. 19: Termination of Planned Unit nevelooment- Failure to Commence or Continue Construction. If the construction has not been started within two (2) years from the date of approval of the final pun with an associated subdivision, or two years from 15 the date of approval of any other final PUD, or if construction has been commenced but the work has been abandoned for a period of one year or more, and if no extension of time has been granted as provided herein, the authorization granted for the planned unit development project shall terminate and aU permits and approval issued pursuant to such authorization shall expire and be null and void. The time period of commencing or continuing construction shall not include periods of time during which commencement of construction or continuation of construction was reasonably halted or reasonably delayed due to the filing of a pendency oflegal action challenging an approval granted by the City pursuant to this Section; however, in all cases, when more than five years have elapsed subsequent to the date of approval of any other final PUD with associated subdivision, or more than two years have elapsed subsequent to the date of approval of any other final PUD the permittee shall be required to comply with all current building, construction, subdivision and other applicable standards of the City; provided, that a change in zoning district classification enacted subsequent to approval of the final development plan shall not affect the project. Subd. 22: Lots Subiect to Final PUD. All lots or other divisions of a subdivided planned unit development shall remain subject to compliance with the final development plan regardless of the fact of subdivision in compliance with the Subdivision Ordinance or lot(s)/division(s) ofa subdivided PUD where subsequently conveyed. 16 AMENDMENT TO ORDINANCE 54 SUBDlVISIONREGULATIONS The Council of the City of St. Joseph hereby ordains: ThatSection 54.15, is amended and shallstateasf()Hows: Section 54.15: PLATDATAREOUIREMENTS. ~ubd. 1: Preliminary Plat Reguirelllents. The Preli~inaryPlat shall contain the following information: c) Proposed Development d) Park and TrailPla~. Park and trailpliln pursuant to Ordinance 54.18. e) Supplementary Re.quirements. Two (2) copies of each of the following submittals shall accompany the Preliminary Plat: This amendment is adopted the be effective upon publication. day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor , By Judy Weyrens, Administrator/Clerk This amendment was published on ,2006. L:\CITY\STJOE\2006 AMENDMENT TO ORDINANCE 54 SUBDIVISION REGULATIONS The Council of the City ofSt. Joseph hereby ordains: That Section 54.15, is amended and shall state as follows: Section 54.15: PLAT DATA REQUIREMENTS. Subd. 1: Preliminary Plat Requirements. The Preliminary Plat shall contain the following information: c) Proposed Development. d) Park and Trail Plan. Park and trail plan pursuant to Ordinance 54.18. e) Supplementary Requirements. Two (2) copies of each of the following submittals shall accompany the Preliminary Plat: This amendment is adopted the be effective upon publication. day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ,2006. L:\CITY\STJOE\2006 CITY COUNCIL RESOLUTION #2006-043 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 51 (BUILDING ORDINANCE) RECITALS: WHEREAS, the City Council for the City of St. Joseph has passed the amendment to Ordinance 51, entitled "Building Ordinance". WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary ofthe Ordinance clearly informs the public ofthe intent and effect of the Ordinance. 2. The City ofSt. Joseph directs the City Administrator to publish the Ordinance by Summary Publication. Adopted this _ day of opposed. , 2006, by a vote of _ in favor and _ CITY OF ST. JOSEPH By . Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk .. . ... CITYOF8,j'.'JOSEPfI. ORDIN:ANCES1(JIUILj)ING ()RDINANCE). SUMMARfPUBLICATION... 'fheCit}r of St. J~sephhas amendedOrdin~nce 51:..Building()rdinan~e. The purpose of this amendment to QrdinanceSl is to add regulations to the Ordinance ,I . ., with regard to building numbers and key: boxes. This Orqinance require,snumbering of buildings . and key boxes for certain buildings~ The qrdin~nces provides fot penalties for violations. , _ _." > 1 This material is ~ summary of the am.endmentsto Ordinal1ce~.51.Thefull text of the Ordinance is available for inspection by. any person during regulaYofficehoursat the office of . Thissum.mary publication was adopted by the City Council of St..1oseph on the --, , 2006,.andshallbe effective upon publication. CITY OF ST. JOSEPH This summary publication was publisherl'on ,2006. L:\citylstjoe\2006 1 b) ,. -:.: -, , ."th~PWtl~t.;l~~scir,Qfiocctipal1t of every ,,'< "'"'. "~,j.nt.~~@~~:$haUhavea ,proper ~~~p:~ ~f' il:ff~.~g;tP thebllilding the J~~ti~ q1;~riyptherd~rablematerial. , The numbetsshal1n6teless than/our (4'') in heightinaconttastingcolor to , the b~se~ The, Pun1b,et~shWl either b~Jighted"or m,acle ofsorne reflective . 'material and sO placed to be easily se~l1:UoJl1the street. Maintenance. Theoccupal1tofth~ printarystmcture. shall be responsible fotkeepingthe addr:~ssnumbers in goo.drepair ana clear of snow, dirt, debris and other obstructions,. "'f;,' c) . , . Enforcement. The City may withhold. all city licenses, aPplications~and permits from owners, pr occypantsofprintary strllctttresifthe address is not pjac~d or main~ined in conformance with this Ordinance.' d) , 'Penalty. Any pets~r1 violating or failing to comply with this Ordinance sllall be guilt)'of ap~ttYfllisd~J;ll~r. '. ' Subd. 2. Kev Boxes. Where property is protected by all avtomatic alannsyste11l, a', protected access to or with.in a structure, or access to an area onthatproperty is unduly difficult because, of secured openings and where immed~te access is necess~ for public safety: life saving, or [rrefighting purposes, the fire chiefmay requIre a key box to be installed.inan approved location. The key box shall be of the type approved by the fire department and sbaU be the expense of the landowner. ' ' , . a) Contents. The key box shall contain: 1. Keys to 10cl\ points of ingres~whethet on the interior or exterior of . such buildings. 2. Keys to loekme(;h~ical equipment rooms. 3. Keys to locked electrical rooms., 4. Keys to el~vator controls. 5. Keys to otp.er area,sas directed})y the fire chief. 6. It shall be the responsibility of the business owner to maintain a current key.in the ke.y Qo~.at all times. b) Waiver. . Th~owner of every buildin~ of ~yery property. defined by , Section:5~~~~'~~Rd.,..1~~~11.~i~e,.r~s$~retln\! a~~~[b,g~ is iIlS~lled, ~(l maintained inanappttrve'd'lcicatiort by the Fire Cfiieffor the City of8t. Jo.seJ>h.o.rsh,~ll prqyi<le .~e..., St.Jo.sep~ei~ ~.4:11li~i~trator a written letter d~ted~n~~elivere~be~~~~f)ecen1~etta~d.~e~~Ihber 29 of each year . indica.ti~g:th~t'they'havd)iot itlsta,Iled'.a ke.y box' p.ufsuant to this Ordinance .anq.tita,i In..thti'eV~nfQf.~rty.tesP9nse...br,the,Cit}'9t its representatives, they shall waive any claln:ilor dai11a~es or tre$pass. c) , Penalties.lf'the key box is, not'installed an.dawaive,r is not received, the landowner shall be subject to a petty misdemeanor following failure to eith~r. installthe:~er box o~ provide~he. Ci~ with a written waiver after ten(10)days.writtennotige. A seco.ndpffense within the same calendar year shall be punishable as a misdemeanor. Section 51.07: COMPLETIONPi-\TE;' With respect toan.'Y construction, alterations, remodeIingor other work tor whi~h a pennitJs reqllired hereunder~ the proposed work for which a permit is issued shaUbe completed in itsentitety within. pne year after issuance of the building permit. If in one year after making applicaiionfor a building permit, the work is not completed, , the applicimt may re~uestthePlanningCotn1nis$ion to~ant an extension for up to one year in length. In the event ofa violation' ofthi$p~~yision, in addition to o.ther re:ll1edies provided herein, the City may proceed to fully or patfUllly complete the permitted work, or remedy any unsafe or unsightly conditio~,a~d~sses~ the c0st thereof, plus interest at the rate of eight percent per annum a.gainst.thepropeny' in question. ' Section5L08:WITHI-fOtI)IN(J()rPE~ITS. The City of St. Jo:;eph shall withhold building permits frol11 any . contractor, property owner or other~pplicant who has any pending violations with respect to the building code as adopted by the City of St. J()sepb, any developer's - agreements to which the City of St. Joseph is a party, or other violation of the Code of . Ordinances of the City of St. Joseph. The City shall also withhold building permits from any applicant who has had 3 or more violations of the puilding code, St. Joseph Qrdinances, or of a ,developer's agreementwith the City of 81. Joseph within one year of the application for the building permit. Permits shall be withheld until all violations are remedied. , Section 51.09: CONSTRUCTION TIMES. Construction activities which result in noise audible on property other than that on which the' activities are occurring shall be prohibited between the hours of 7:00 p.m. and 7:00 a.m. .~:- --~'t;:'" This amendment is adopted the be effective upon publication. - . Thisamendnient was published on L:\CITY\STJOE\2006 ?-."': AMENDMENT TO ORDINANCE 51 REGARDING BUILDING ORDINANCE The Council of the City of St. Joseph hereby ordains that Ordinance 51 shall be amended as follows: Section 51.06: BUILDING NUMBERS AND KEY BOXES. Subd. 1. Building Numbers. Building numbers are important in providing public safety services as well as mail and other deliveries 19.,thtaffe9tl:db~il~ing~. a) Placement and Specifications. The owner, lessor or occupant of every industrial, commercial or other building in the City shall have a proper building number on the building either by affixing to the building the numbers in metal, glass, plastic or any other durable material. The numbers shall not be less than four (4") in height in a contrasting color to the base. The numbers shall either be lighted or made of some reflective material and so placed to be easily seen from the street. b) Maintenance. The occupant of the primary structure shall be responsible for keeping the address numbers in good repair and clear of snow, dirt, debris and other obstructions. c) Enforcement. The City may withhold all city licenses, applications, and permits from owners or occupants of primary structures if the address is not placed or maintained in conformance with this Ordinance. d) Penalty. Any person violating or failing to comply with this Ordina!.l&e. shall be guilty of a petty misdemeanor. Subd. 2. Kev Boxes. Where property is protected by an automatic alarm system, a protected access to or within a structure, or access to an area on that property is unduly difficult because of secured openings and where immediate access is necessary for public safety, life saving, or firefighting purposes, the fire chief may require a key.box to be installed in an approved location. The key box shall be of the type approved. by tIll: .firtd~par1:1I1tnt anc1.slllilll>(: the expense of the landowner. a) Contents. The key box shall contain: 1. Keys to lock points of ingress whether on the interior or exterior of such buildings. 2. Keys to lock mechanical equipment rooms. 3. Keys to locked electrical rooms. .1 Deleted: 01 ~ted: c~_.._......,......__......J ~ted: u ...-.--..-.----l 4. Keys to elevator controls. 5. Keys to other areas as directed by the fire chief. 6. It shall be the responsibility,-~(ttr~ !:>~~i~~s..s _o.Yl:'I!e!!~ !ll_aiI!t~ip._~ _ __ current key in the key box at all times. b) Waiver. The owner of every building of every property defined by Section 56.06, Subd. 1 shall either assure that a key box is installed and maintained in an approved location by the Fire Chief for the City of St. Joseph or shall provide the St. Joseph City Administrator a written letter dated and delivered between December 1 and December 29 of each year indicating that they have not installed a key box pursuant to this Ordinance and that in the event of any response by the City or its representatives, they shall waive any claim for damages or trespass. c) Penalties. If the key box is not installed and a waiver is not received, the land owner shall be subject to a petty misdemeanor following failure to either install the key box or provide the City with a written waiver after ten (10) days written notice. A second offense within the same calendar Yse.ar shall be punishable as a misdemeanor. Section 51.07: COMPLETION DATE. With respect to any construction, alterations, remodeling or other work for which a permit is required hereunder, the proposed work for which a permit is issued shall be completed in its entirety within one year after issuance of the building permit. If in one year after making application fOr a building permit, the work is not completed, the applicant may request the Planning Commission to grant an extension for up to one year in length. In the event of a violation of this provision, in addition to other remedies provided herein, the City may proceed to fully or partially complete the permitted work, or remedy any unsafe or unsightly condition, and assess the cost thereof, plus interest at the rate of eight percent per annum against the property in question. Section 51.08: WITHHOLDING OF PERMITS. The City of St. Joseph shall withhold building permits from any contractor, property owner or other applicant who has any pending violations with respect to the building code as adopted by the City of St. Joseph, any developer's agreements to which the City of St. Joseph is a party, or other violation of the Code of Ordinances of the City of St. Joseph. The City shall also withhold building permits from any applicant who has had 3 or more violations of the building code, St. Joseph Ordinances, or ofa developer's agreement with the City of St. Joseph within one year of the application for the building permit. Permits shall be withheld until all violations are remedie<l. ... .. _ _ _ .._ _ __ Section 51.09: CONSTRUCTION TIMES. Construction activities which result in noise audible on property other than that on which the activities are occurring shall be prohibited between the hours of7:00 p.m. and 7:00 a.m. Section 51.10: PENAL TIES/ENFORCEMENT. Any person who violates any of the -[ Deleted: Ie Deleted: or for a period not to exceed one year in the event of 3 or more violations within one year provisions of this ordinance is guilty of a misdemeanor. The City Building Inspector shall be the enforcement officer of this ordinance. This amendment is adopted the be effective upon publication. This amendment was published on L:\CITYlSTJOE\2006 day of ,2006, and shall CITY OF ST. JOSEPH By Judy Weyrens, Administrator/Clerk ,2006. .AMENDMENTTOORDINANCE.56 FENCE..ORDINANCE The Council of the City ofSt-Joseph hereby ()rdains: That Ordinance 56 is amended to read as follows: Section 56.07: BORDER FENCE OR WALL. c) A fence or wall constructed ofmaint,enance..free mat~rials may be constructed adjacent to the property line solong I1S~1l parts ofth: fence, including post . anchors, are. locatedwithintheprop'frty ofthe owner and so long as the bottom.of the fence (exclusive of posts or anchors) is at least two inches above the. ground. For purposes of this paragraph, the term "maintenance-free materials" shall include stone, brick, stucco, vinyl, plastic, or chain-link which is finished with a rust resistant material.. Section 56.12: . RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS. Fences may only be erectedoveraneasemerit if the landowner meets the requirements ofSt. Joseph OrdinanceSection 32.03(b). If the request for the fence is approved, the City retains the rightto r~quire the landowner to remove or abate the fel1cewhere the fence interferes in any manner with the City's easement use. Ifthere is an emergency necessitating immediate access to the . easement, the City reserves the right to remove the fence to obtain access to the.easement. .The landowner shall bear all costs for removal and restoration of the fence in the event the landowner is required to remove the fence for access to the easement or in the event the City removes the fence in the case of an emergency. The City specifically reserves all rights ofaneasement . holder afforded under the common law of the State of Minnesota. Section 56.13: PENALTIES/REMEDIES. Violation of this ordinance shall constitute a misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the terms under which.this permit is granted, violation of the conditions is a violation of this . ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a Court oider directing maintenance or removal of the fence or injunctive relief prohibiting construction or maintenance ofa fence in violation of this ordinance. This amendment is adopted the be effective upon publication. day of , 2006, and shall . CITY OF ST. JOSEPH This am~ndment was published on L:\CITY\STJOE\2006 By Judy Weyrens, Administrator/Clerk ,2006. AMENDMENT TO ORDINANCE 56 FENCE ORDINANCE The Council of the City of St. Joseph hereby ordains: That Ordinance 56 is amended to read as follows: Section 56.07: BORDER FENCE OR WALL. c) A fence or wall constructed of maintenance-free materials may be constructed adjacent to the property line so long as all parts of the fence, including post anchors, are located within the property of the owner and so long as the bottom of .. the fence (exclusive of posts or anchors) is at least two inches above the ground. For purposes of this paragraph, the term "maintenance-free materials" shall include stone, brick, stucco, vinyl. plastic. or chain-link which is finished with a rust resistant material,. ... Section 56.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS. Fences may only be erected over an easement if the landowner meets the requirements of St. Joseph Ordinance Section 32.03(b). If the request for the fence is approved, the City retains the right to require the landowner to remove or abate the fence where the fence interferes in any manner with the City's easement use. If there is an emergency necessitating immediate access to the easement, the City reserves the right to remove the fence to obtain access to the easement. The landowner shall bear all costs for removal and restoration of the fence in the event the landowner is required to remove the fence for access to the easement or in the event the City removes the fence in the case of an emergency. The City specifically reserves all rights of an easement holder afforded under the common law of the State of Minnesota. Section 56.13: PENALTIESIREMEDIES. Violation of this ordinance shall constitute a misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the terms under which this permit is granted, violation of the conditions is a violation of this ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a Court order directing maintenance or removal of the fence or injunctive relief prohibiting construction or maintenance of a fence in violation of this ordinance. This amendment is adopted the be effective upon publication. day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor ~-_.._-------"."'"~ .'Deleted: or material which is marketed as "maintenance-free fencing" --..--.--...............--..... By Judy Weyrens, Administrator/Clerk This amen?ment was published on L:\CITY\STJOE\2006 ,2006. AMENDMENTl'gORDINANCE52 ZONRfOQRDINANCE REGARDING R-l SINGLE Ff\MILYRE8IDENCE DISTRICT The Council of the c;ityof St. J~sephherebyotdains that Ordinance 52.27, Subd. 7 and Sub& 9 are amended as follows: . Section .S2.27:R":FSINGLE FAMILYRESIDENCEDISTR.ICT Subd. 7: Setback Requirements. b) Side. yard setbacksshall be ten (lO)feetfrolU.theprope1iYline for the main . structure and any garage oracc~'ssorystructure.Wherethe side yard abllts~l.... publiC right of way, the side yatdsetbackshall be thirty (30) feet fromthe main srructureand any garage. or accessory structure.. Subd.9: Site Coverage. a) No structure or combination of structur~sshall occupy more than 30% of thelot area. b) Impervious surfaces shall not exceed 50% of the lot area. Impervioussurfaces shall include all structures, parking spaces and driveway connecting the parking space with a street or alley. This amendment is adopted the be effective upon public.ation. day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on L:\CITY\STJOE\2006 ",' . '. S2.27~ I AMENDMENT TO ORDINANCE 52 ZONING ORDINANCE REGARDING R-I SINGLE FAMILY RESIDENCE DISTRICT The Council of the City of St. Joseph hereby ordains that Ordinance 52.27, Subd. 7 and Subd. 9 are amended as follows: Section 52.27: R-I SINGLE FAMILY RESIDENCE DISTRICT Subd. 7: Setback Requirements. b) . Side yard setbacks shall be ten (10) feet from the property line for the main structure and any garage or accessory structure. Where the side yard abuts a public right of way, the side yard setback shall be thirty (30) feet from the main structure and any garage or accessory structure. Subd. 9: Site Coverage. a) No structure or combination of structures shall occupy more than 30% of the lot area. b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces shall include all structures, parking spaces and driveway connecting the parking space with a street or alley. This amendment is adopted the be effective upon publication. day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ,2006. L:\CITY\STJOE\2006 52.27 -I This amendment is adopted the be effective upon publication. day of , 2006,. and shall AMENDME~T'I'()()RID1NANCE52.. ZUNINGO:RDINANCE.. . ... ... REGARDING R.2.TWOFA,MILYRBSIDENCEDISTRlCT Th~Council..oftheCityof St. Joseph hereby ordains that Ordinance52~28, Sllbd. 6and$ubd. 8 are amended as follows: . Section 52.28:R..2 TWO.FAMILYRESIDENCE DISTRICT Subd; t'i:SetbackRequirements. b) Side yard setbacksshallbete~{lO)fe~tfroDJ.thelnain.stru~ture~nd.five(V{eet from garage or accessory}1uilding.Wl1ere the side yar~t abuts a public right of way, the side yardsetbackshtl.ll b~ thirty/(30) feet fromtheITIainstnictureandany garage or accessory stru<;ture, Subd; 8: Site Coverage. a) No structure or combination of structures shall occupy more than 30% of the lot area. b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces shall include all structures, parking spaces and driveway connecting th~ parking space with a street or alley . CITY OF ST. JOSEPH By Judy Weyrens, Administrator/Clerk This amendment was published on ,2006. L:\CITY\STJOE\2006 AMENDMENT TO ORDINANCE 52 ZONING ORDINANCE REGARDING R-2 TWO F AMIL Y RESIDENCE DISTRICT The Council of the City of St. Joseph hereby ordains that Ordinance 52.28, Subd. 6 and Subd. 8 are amended as follows: Section 52.28: R-2 TWO FAMILY RESIDENCE DISTRICT Subd. 6: Setback Requirements. b) Side yard setbacks shall be ten (10) feet from the main structure and five (5) feet from garage or accessory building. Where the side yard abuts a public right of way, the side yard setback shall be thirty (30) feet from the main structure and any garage or accessory structure. Subd. 8: Site Coverage. a) No structure or combination of structures shall occupy more than 30% of the lot area. b) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces shall include all structures, parking spaces and driveway connecting the parking space with a street or alley. This amendment is adopted the be effective upon publication. day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ,2006. L:\CITY\STJ0E\2006 52.27-1 AMENDME~:r-TO.OR.DINANCE5~ . ZONING ORDINANCE . ... . ... ... ... . REGARDING R.3 MULTIPLEFAMIL Y RESIDENCE DISTRICT TheCOUllcilofthe City orst. Josephhereoyordains that Ordinance 52.29, Subd. 5 is amended as follows: . . . Section 52.29:R.3MULTIPLEFANrILY RESIDENCE DISTRICT . Sul:)d. 5: Lot Area Requirements. a) b) For the basis of computing thenun1berof permitted. units within.. a multiple residence, the following snaIl apply: . 1. Efficiency unit for each 2,000 square feetoflot area; and 2. One 1 bedroom unit for each 3,000 square feet of lot area; and 3. One 2 bedroom unit for each 3,500 square feetoflot area; and J 4. One 3 bedroom unit for each 4,000 square feet oflot area; 5. For each additional bedroom (over 3) per unit, an additional 500 square feet of lot area; 6: Lot depths of greater than 150% of the average lot width shall be used in computing the maximum number of units. 7. On-site manager unit.-shall be based on the same square footage requirements as stated above. c) Multiple family dwellings shall not occupy more than 35% of the lot including accessory buildings. d) Each lot shall have a minimum width of 150 feet at the building setback line. e) Each lot shall have a minimum width of80 feet atthepublic right-of-way. f) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces . shall include all structures, parking spaces and driveway connecting the parking space with a street or alley. This amendment is adopted the be effective upon publication. This amendment was published on L:\CITY\STJOE\2006 day of CITY OF ST. JOSEPH By Richard Carlbom, Mayor , 2006, and shall By Judy Weyrens, AdmInistrator/Clerk , 2006. AMENDMENT TO ORDINANCE 52 ZONING ORDINANCE REGARDING R-3 MULTIPLE F AMIL Y RESIDENCE DISTRICT The Council of the City of S1. Joseph hereby ordains that Ordinance 52.29, Subd. 5 is amended as follows: Section 52.29: R-3 MULTIPLE F AMIL Y RESIDENCE DISTRICT Subd. 5: Lot Area Requirements. a) Minimum lot a,rea shall be 12,000 square feet. b) For the basis of computing the number of permitted units within a multiple residence, the following shall apply: 1. Efficiency unit for each 2,000 square feet of lot area; and 2. One 1 bedroom unit for each 3,000 square feet oflot area; and 3. One 2 bedroom unit for each 3,500 square feet oflot area; and 4. One 3 bedroom unit for each 4,000 square feet of lot area; 5. For each additional bedroom (over 3) per unit, an additional 500 square feet of lot area; 6. Lot depths of greater than 150% of the average lot width shall be used in computing the maximum number of units. 7. On-site manager unit - shall be based on the same square footage requirements as stated above. c) Multiple family dwellings shall not occupy more than 35% of the lot including accessory buildings. d) Each lot shall have a minimum width of 150 feet at the building setback line. e) Each lot shall have a minimum width of 80 feet at the public right-of-way. f) Impervious surfaces shall not exceed 50% of the lot area. Impervious surfaces shall include all structures, parking spaces and driveway connecting the parking space with a street or alley. This amendment is adopted the be effective upon publication. This amendment was published on L:\CITY\STJOE\2006 day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk ,2006. AMENDMENTTE)qR.J)INANCE 52. ZQNIN"CI,ORDINANC;E . ... REGARDINGLl-UGHT INDUSTRIALDISTRlCT TheCounciLofthe. City of St.JosephherehYiordainsthatOrdinance 52.34,Subd.5 is amended as.follows: Section 52.34:LI-LIGHTINDUSTRIALDISTRICT Subd. 5: . Lot Area Requirements. a) Minimum Lot Size: One (l) acre (43,560 square Jeet).MininlUm lot width one hundred (lOO)feet. . b) Imperviolls. sllrfaces. shallnotexceed80%oftheJot area. >Irnpervioussurfaces shall, include all structures, parking spaces and driveway connecting the parking space with a street or alley. This amendment.is adopted the be effective upon publication; day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom,Mayor This amendment was published on , 2006: L:\CITY\STJ0E\2006 AMENDMENT TO ORDINANCE 52 ZONING ORDINANCE REGARDING LI-LIGHT INDUSTRIAL DISTRICT The Council of the City of St. Joseph hereby ordains that Ordinance 52.34, Subd. 5 is amended as follows: Section 52.34: LI-LIGHT INDUSTRIAL DISTRICT Subd.5: Lot Area Requirements. a) Minimum Lot Size: One (1) acre (43,560 square feet). Minimum lot width one hundred (100) feet. b) . Impervious surfaces shall not exceed 80% ofthe lot area. Impervious surfaces shall include all structures, parking spaces and driveway connecting the parking space with a street or alley. This amendment is adopted the be effective upon publication. day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ,2006. L:\CITY\STJOEI2006 AMENDMElfTTOOlffiINi\.NCE 52-. ZO~GORDINANCE REGARDING GENERAL P~RFORMANCESTANDARDS Thl;l COlJDcilof'the City of St. Josep,hhereby ol'dains:that Otdinance 52.12, Stibd. 1, be <lmended as follows: In all residential districts detached~ccessorybuiIdiI1gs shall belocat~dinthere<lr yard. . Accessory. buildings which require .a builging permit shall comply with all yardrequirementsappli~able. totheprincipal builcH1l8 in the District. Accessory I?uildingswhich .do. nat .requirea.buiIdingp~l111if shall..not .-be/ located closer than five (5) feet from the adjoinin!;sid~orI'earlotline.Ho",ever, s\lch accessory building shall bes~t back a minimum'of 50fe~tfromtl1e"frontstreetright~of~waY ",[ Deleted: A lines. A Iso. ~Iath~rapy'es~9.ryl?\Ig~i~gs:~!1~lJ~~~~~'*.l!: !ll.i~i!1111~ pffifur, (59) ... . feetfram front streetright~of~waylines. Accessal}' .buildingsare further limited nottoexceed over on~ (I) st(1)' ofsixteeil (16) feet in height. Thiljatnendment is adopted the be effective upon publication. . day of , 2006,atld shall CITY OF ST. JOSEPH By Richard Carlbom; Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ,2006.. L:\CITY\STJ0E\2006 ", Q AMENDMENT TO ORDINANCE 52 ZONING ORDINANCE REGARDING GENERAL PERFORMANCE STANDARDS The Council of the City of St. Joseph hereby ordains that Ordinance 52.12, Subd. 1, be amended as follows: Subd. 1: Accessory Buildings. a) In all residential districts detached accessory buildings shall be located in the rear yard. Accessory buildings which require a building permit shall comply with all yard requirements applicable to the principal building in the District. Accessory buildings which do not require a building permit shall not be located closer than five (5) feet from the adjoining side or rear lot line. However, such accessory building shall be set back a minimum of 50 feet from the front street right-of-way lines. Also. !\II otheracqess()rybuildingsshall s~tb~ck a l11inimuITloftifty(5q) __ feet from front street right-of-way lines. Accessory buildings are further limited not to exceed over one (I) story of sixteen (16) feet in height. This amendment is adopted the be effective upon publication. day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk L:\CITY\STJOE\2006 This amendment was published on ,2006. .r Deleted: A AMENDMENT .TOOlWINANCE.S2.31 B..l.CENTRALBUSINESS iDISTmCT The City Council for the City of St. Joseph hereby ordains thatS1; Joseph Corle Bqok is amended by the addition of Ordinance 52.31, Subd. 13. Ordinance 52.31 , Subd.13 shallstate.as follows: Subd.13: InterimUse Pennitfor RentalUnits. I a) Residential units in areas thathayebeenrezonedtocomtnercial from residential shallbe allowed an interim use permit as arenta}unitfora.specific periodpf . time. The maximum density for rental units under the interim use permit shalLbe limited to the densitywhichisallowedintheR-l, Single Family Resident!al District. b) The interim use as a rental unit shall be obtained through the procedures setforth in St. Joseph Ordinance 52.07, Subd. 4 - Interim Use Perrilit. c) . In requesting such an interim rental use, the landowner agrees to any conditions that the governing body deems appropriate for permission oftheuse and agrees that the use will terminate at the designated date for termination ofthe interim use. d) Public hearings shall be held as set forthin Ordinance. 52.07, Subd.4. This amendment is adopted the _ day of be effective upon publication. , 2006, and shall CITY OF ST. JOSEPH By Judy Weyrens, Administrator/Clerk This amendment was published on , 2006. L:\city\stjoe\2006 AMENDMENT TO ORDINANCE 52.31 B-1 CENTRAL BUSINESS DISTRICT The City Council for the City of S1. Joseph hereby ordains that S1. Joseph Code Book is amended by the addition of Ordinance 52.31, Subd. 13. Ordinance 52.31, Subd. 13 shall state as follows: Subd.13: Interim Use Permit for Rental Units. a) Residential units in areas that have been rezoned to commercial from residential shall be allowed an interim use permit as a rental unit for a specific period of time. b) The interim use as a rental unit shall be obtained through the procedures set forth in S1. Joseph Ordinance 52.07, Subd. 4 - Interim Use Permit. c) In requesting such an interim rental use, the landowner agrees to any conditions that the governing body deems appropriate for permission of the use and agrees that the use will terminate at the designated date for termination of the interim use. d) Public hearings shall be held as set forth in Ordinance 52.07, Subd. 4. This amendment is adopted the _ day of be effective upon publication. , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ,2006. L:\city\stjoe\2006 AMENDMENTTO(jRJ)INANCE.....52.~2 B-2HIGIIWAY 751USINESSDIS1'RICT The City.. Council for the. City. of .St....Josephhereby ordains.thaf 8t Joseph. Code Bookis amended by the addition of Ordinance 52.32,SuQd.12. Ordinance52:32,Subd.12shal.I state as follows: Subd. J2: Interim Use Pennitfor.Rental Units. Residential unitsin~~eas.. that haY~1JeeIlrezonedto.. cornmercial frqmresi<iential shall be allowed an il1teri.l11. use.petmitas a..rentalunitfora.specificperiodof tillle.. The maximum.densityforf@I1taJunitsundetthe...interim. use perrnitshall.be lilllitedto the density which is allowed in the R-l"Single Family Residential District. b) . The interim use asa rental unit shall be obtained through the procedures set forth in St. Joseph Ordinance 52.07, Subd. 4 -'- InterimlJse Permit c) In requesting such an interim rental use, the landowner agrees to any conditions that the governing body deems appropriate for permission of the use and agrees thattheuse will terminate at the designated date for termination of the interim use. d) Public hearings shall be held as set forth in Ordinance 52.07,Subd. 4. This amendment is adopted the _ day of be effective uponpubli~ation. ,.2006, al'ldshall CITY OF ST. JOSEPH By , Judy Weyrens, Administrator/Clerk This amendment was published on ,2006. L:\city\stjoe\2006 AMENDMENT TO ORDINANCE 52.32 B-2 HIGHWAY 75 BUSINESS. DISTRICT The City Council for the City of S1. Joseph hereby ordains that St. Joseph Code Book is amended by the addition of Ordinance 52.32, Subd. 12. Ordinance 52.32, Subd. 12 shall state as follows: Subd. 12: Interim Use Permit for Rental Units. a) Residential units in areas that have been rezoned to commercial from residential shall be allowed an interim use permit as a rental unit for a specific period of . time. b) The interim use as a rental unit shall be obtained through the procedures set forth in S1. Joseph Ordinance 52.07, Subd. 4 - Interim Use Permit. c) In requesting such an interim rental use, the landowner agrees to any conditions that the governing body deems appropriate for permission of the use and agrees that the use will terminate at the designated date for termination of the interim use. d) Public hearings shall be held as set forth in Ordinance 52.07, Subd. 4. This amendment is adopted the _ day of be effective upon publication. , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ,2006. L:\city\stjoe\2006 AMENDMENl' TO OIIDINANCE 52.33 . . - -.'- ....,- ,- "- ,-'-' "-, . . ...... -, . - - . B..j GENERit1.>BllSINESSnIS'fRlCT . . .' . -. -. . The City Council. for the.. City of St. ))oseph. hereby ordains that St Joseph Code Booleis :: ".' ........._ _,--, .......... . ....c_.-.. amended by . the addition ofOrdfuance. 52.33~ Subd.13. Qrdinance52.33, Subd. 13 shall state as follovvs: cSubd.13: Interim Use Perrriit for Rental Units. Residential units in areasthat-~axebeel1 rezonedtocomtnercial from residential shall be. allowed .an interirnuse penn.itas arent~lunit foraspecifjc period>of .. time.. Themaximumdensityforr~ntalunits. u,ndertheil1terim us.epermitshallhe limited to. the density whichisallowedjn the R~ 1, Single Family R.esidential District. b) The interim use asa rental. unit shan be obtained through the procedures set forth in St. Joseph Ordinance 52.07, Subd. 4- Interim Use Permit. c) In requesting such an interim rental use, the landovvneragrees to.anyconditions that the governing body deems appropriate for permissionofthe use and ~grees thatthe use will terminate at the designated date for termination ofthe iriierim use. d) Public hearings shall be held as setforth in Ordinance 52.07, Subd. 4. This amendment is adopted the ~ day of be effective upon publication. . ,2006, and shall CITYOF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ,2006. L:\city\sgoe\2006 AMENDMENT TO ORDINANCE 52.33 B-3 GENERAL BUSINESS DISTRICT The City Council for the City of St. Joseph hereby ordains that St. Joseph Code Book is amended by the addition of Ordinance 52.33, Subd. 13. Ordinance 52.33, Subd. 13 shall state as follows: Subd. 13: Interim Use Permit for Rental Units. a) Residential units in areas that have been rezoned to commercial from residential shall be allowed an interim use permit as a rental unit for a specific period of time. b) The interim use as a rental unit shall be obtained through the procedures set forth in St. Joseph Ordinance 52.07, Subd. 4 - Interim Use Permit. c) In requesting such an interim rental use, the landowner agrees to any conditions that the governing body deems appropriate for permission of the use and agrees that the use will terminate at the designated date for termination of the interim use. d) Public hearings shall be held as set forth in Ordinance 52.07, Subd. 4. This amendment is adopted the _ day of be effective upon publication. , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ,2006. L:\city\stjoe\2006 CITY COUNCIL RESOLUTION #2006-044 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 84 (GENERAL PARKING ORDINANCE) RECITALS: WHEREAS, the City Council for the City of S1. Joseph has passed Ordinance 84, entitled "General Parking Ordinance". WHEREAS, the City of S1. Joseph desires to publish the Ordinance by Summary Publication. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary of the Ordinance clearly informs the public of the intent and effect of the Ordinance. 2. The City of S1. Joseph directs the City Administrator to publish the Ordinance by. Summary Publication. Adopted this _ day of opposed. , 2006, by a vote of ~ in favor and _ CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk CITY OF ST. JOSEPH ORDINANCE 84 (GENERAL PARKING ORDINANCE) SUMMARY PUBLICATION The City ofSt. Joseph has adopted an amendment to Ordinance 84, General Parking Ordinance. With the amendment to Ordinance 84, Ordinances 83, 35.13, 52.10, 53.02 and the previous Ordinance 84 are revoked in their entirety and replaced with the amendment to Ordinance 84, General Parking Ordinance. The purpose of this amendment to Ordinance 84 isto establish standards for parking in the City of St. Joseph in order to ensure that the community remains neat and attractive and that the value of real estate in the City be preserved. This Ordinance regulates 1) general parking; 2). special regulations in congested district; 3) snow season parking; 4) obstruction of private drive; 5) parking of semi trailers, trailers, trucks and truck tractors; 6) off street parking; 7) parking, location and use oftrailer houses and mobile homes; 8) public park parking; 8) owner's responsibility; 9) registered owner; 10) separability; and 11) penalty. This material is a summary of Ordinance 84. The full text of the Ordinance is available for inspection by any person during regular office hours at the office of the St. Joseph City Administrator-Clerk. This summary publication was adopted by the City Council ofSt. Joseph on the_ day of , 2006, and shall be effective upon publication. CITY OF ST. JOSEPH By Richard Carlbom, Mayor, By Judy Weyrens, Administrator/Clerk This summary publication was published on L:\citylstjoe\2006 ,2006. AMrnNDMENTTO ORDmANCE 84 GENERAL PARKmG ORDmANCE The Council of the City of St. Joseph hereby ord~ins: That Ordinance 83 ofthe St. Joseph Code of Ordinances is hereby revoked. That Ordinances 35.13 of the St. Joseph Code of Ordinances is hereby revoked. That Ordinances 52.10 of the St. Joseph Code of Ordinances is hereby revoked. That Ordinances 53.02 of the St. Joseph Code of Ordinances is hereby revoked. That Ordinance 84 is revoked in its entirety and the following language is enacted in its place: "Section 84.01: mTENT. The intent ofthis section of the zoning ordinance is to establish standards for parking in the City of St. Joseph in order to ensure that the community remains neat and attractive and that the value of real estate in the City be preserved. The regulations provided herein shall apply equally to all districts except where provided otherwise. mean: Section 84.02: DEFmITIONS. As used in this ordinance the following terms shall Subd. 1: Semi Trailer. Every vehicle without mode of power designed for carrying persons or property and for being drawn by vehicle and so constructed that some part of its weight and some part of its load rests upon or is carried by another vehicle. Subd.2: Trailer. Every vehicle without mode of power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon another towing vehicle. Subd. 3: Truck. Every motor vehicle designed, used or maintained primarily for the transportation of persons and/or property, and which has a gross vehicle weight of 12,000 lbs. or more. Subd. 4: Truck Tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Subd.5: Street or Highway. The entire width between the boundary lines of any way or place when any part thereof is open to the use of the public as a matter of right or purpose of vehicular traffic. Subd. 6: Residents District. All that territory defined as either single family or residential or multiple residential district in the zoning ordinance for the City of St. Joseph. 1 Subd.7: Trailer Home. and/or Mobile Home. Shall mean and include any structure used for sleeping, living, business or storage purposes, which is or has been equipped with wheels for the transportation thereof from place to place, and the fact that the wheels have been removed therefrom or a foundation of whatever nature, placed thereunder shall not exclude it therefrom, excepting a device used exclusively upon a railroad track operated by a railroad company. Subd. 8: Person. Shall include the singular and the plural, and shall mean and include any individual, corporation; partnership, or other association of persons. Subd. 9: Residential Area. Shall mean any area not zoned "industrial" and any area not specifically designated as a "trailer park" or "mobile home park". Subd. 10: Owner. A person Qwning a legal interest in a "trailer home" or "mobile home", or a tenant, bailee, user or custodian thereof, or any person entitled to possession thereof. Subd. 11: Trailer Park and/or Mobile Home Park. Shall mean a designated area specially designed and constructed as a mobile home or a mobile trailer facility, licensed by the State of Minnesota, and approved by the City of St. Joseph. Subd. 12. Parking Space. A land area of not less than 180 square feet, exclusive of driveways and aisles, of such shape and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Surfaces of a "parking space" shall be constructed asset forth in Ordinance 84.08, Subd. 5( d). Section 84.03: GENERAL PARKING. Subd. 1: Angle parking shall be required on such streets as shall be designated by appropriate resolution of the City Council. On any such street, every vehicle parked shall park with the front of the vehicle facing the curb or edge of the traveled portion of the street at an angle of approximately 45 degrees and shall face the curb between the painted or other markings on the curb of the street indicating the parking space. All such streets shall be marked by appropriate signs indicating that angle parking is required. On all other streets, parallel parking shall be required according to state law heretofore adopted by reference. Subd 2: No vehicle shall in any case be parked upon the street, boulevard, or alley in any one place for a longer continuous period of twenty-four (24) hours. Vehicles must be moved at least one (1) block. Any vehiCle which is moved less than one (l) block shall be deemed to have remained stationary in violation of this subdivision. It is unlawful to remove any mark made by a Police Officer for determining the length oftime a vehicle, trailer or other object remained parked. Subd. 3: No vehicle shall in any case be parked upon a street, boulevard, or alley facing in the opposite direction of the traffic flow. All vehicles must be parked on the side of the street that traffic flows. 2 Subd. 4. No vehicle shall park in an area that is not designated a street or alley. Specifically, no vehicle shall be parked on grass or other landscape material located off of a street or alley. Section 84.04: SPECIAL REGULATIONS IN CONGESTED DISTRICT. Subd. 1: It is hereby established that the district known as a congested district within which the rules set forth in this seCtion shall be enforced. The congested district shall include the following streets: All of Minnesota Street, all of Ash Street between Second Avenue West and Second Avenue East, all of College.Avenue lying southerly of County Road 75, all of First Avenue East lying southerly of County Road 75, all of First Avenue West lying southerly of County Road 7$, all of Second .Avenue West, all of Third Avenue West, and all of the alleys in the Original Townsite of the City of St. Joseph. Subd. 2: The City Council by resolution may establish "no truck parking" zones in the congested district and shall mark by appropriate signs any zones so established. No person shall park a commercial vehicle of more than one ton capacity on any street in any "no parking zone". Parking of such vehicles for a period of not more than 30 minutes may be permitted in such zone by the Chief of Police for the purpose of having access to abutting property when such access cannot be conveniently secured from an alley or from a side street where truck parking is not restricted. Subd. 3: The City Council by resolution may designate certain blocks within the city as 5 minute, 30 minute, 1 hour, 2 hour, 8 hour and permit only limited parking zones and shall mark by appropriate signs any zones so established. No person shall park any vehicle in any limited parking zone between the hours of 8:00 a.m. and 9:00 p.m. of any weekday for a period longer than specified on signs marking that zone, or-without the appropriate permit fot "permit only" zones. Subd. 4: Upon application and payment of any applicable permit fees, the City Cletk! Administrator may issue a permit to park in permit only limited parking zones. All information requested in an application form prepared by the Clerk! Administrator shall be provided. Failure to provide information shall be considered grounds for denial of the permit. No more than five permits shall be issued per parking space. Each permit shall be valid for a period of one year from the date of issuance and shall be nontransferable. The City Council may, by resolution, establish permit fees in accordance with Section 14.4. Section 84.05: SNOW SEASON PARKING. Subd. 1: There shall be no parking on any City street from November 1 to April I during the hours of2:00 o'clock A.M. and 7:00 o'clock A.M. Subd. 2: Any vehicles parked in violation of Section 84.03.1, which interfere with the plowing or removal of snow, are subject to immediate towing at the owner's expense. 3 Section 84.06: OBSTRUCTION OF PRIVATE DRIVE. Subd. 1: No vehicle shall be parked in a manner obstructing a private driveway or private roadway, or on a private driveway or private roadway, without the express or clearly implied consent of the owner of the private driveway or private roadway. Subd.2: For purposes of this Ordinance, a vehicle is "obstructing" a driveway or roadway if the location of the parked vehicle: a) Blocks the driveway or roadway from uSe by other vehicles. b) Significantly hinders or slows other vehicles attempting to pass the parked vehicle. c) Forces other vehicles to leave the main traveled portion of the driveway or roadway to pass the parked vehicle. Subd.3: Vehicles parked in violation of this section are subject to immediate towing at the owner's expense. Section 84.07: PARKING OF SEMI TRAILERS. TRAILERS. TRUCKS AND TRUCK TRACTORS. Subd. 1: Declaration of Nuisance. The parking of semi trailers, trailers, trucks and truck tractors, as defined in Section 84.02, in an area ofthe City zoned R-l, R-2, R-3, or R-4 is found to create a nuisance and detrimental influence upon the public health, safety, prosperity, good order and general welfare of such district by obstructing the view of streets and of private properties, bringing unhealthful and annoying odors and materials into the residential neighborhoods, creating cluttered and otherwise unsightly areas, preventing the full use of residential streets, residential parking, introducing commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, and otherwise adversely affecting residential property valUes in the neighborhood patterns. It shall be unlawful for any person owning, driving or in charge of a semi trailer, to park the same in a zoned district R-l, R-2, R-3, or R -4 within 100 feet of any residence for more than 60 minutes. It shall also be unlawful for any person owning, driving, or in charge of a truck with a refrigeration unit running to park the same in a zoned district R-l, R-2, R-3, or R-4 or within 200 feet of any residence for more than 60 minutes. It shall also be unlawful for any person owning, driving or in charge of a truck tractor to park the same in a zoned district R-l, R-2, R-3, or R-4 or within 200 feet of any residence for more than 60 minutes. Subd. 2: Cattle Truck Parking. It shall be unlawful to leave standing upon any street or public alley in the City of 81. Joseph, any cattle truck or vehicle regularly used for transporting livestock for a period exceeding one hour. 4 Subd. 3: Restrictions Cumulative. The restrictions of this Ordinance relating to the parking of trucks are not to he construed as exclusive, but rather as in addition to the parking restrictions which apply to all motor vehicles gener~lly, as provided by herein or by state law. Section 84.08: OFF STREET PARKING Sl.lbd. 1:. Intent. The intent of this sectionofthe zoning ordinance is to establish general standards for off-street parking. in order to ensure that the community remains neat and attractive and that thevall.le of real estate in the City be preserved~ The regulations provided herein shall apply equally to all districts except where special provisions provide otherwise. Subd. 2: Scope of Parking and Loading Requirements . a) In all zoning districts, off-street parking facilities for the storage of motor vehicles for the use of occupants, employees and patrons of the buildings or structures hereafter erected, altered or extended after the effective date of this Ordinance shall be provided and maintained as herein prescribed. Subd. 3: General Parkin!! Provisions. a) Loading space shall not be construed as supplying off-street parking space. Minimum parking dimensions shall meet the requirements of Section 52.10, Subd.5K. b) When units or measurements used in determining the number of required parking spaces result in requirement of a fractional space, that fractional space shall be rounded up to the next highest whole number. c) Whenever a use requiring off-street parking is increased in floor area, and such use is located in a building existing on or before the effective date of this . Ordinance, additional parking space for the additional floor area shall be provided and maintained in amounts hereafter specified for that use. . d) For the purpose of this section, "Floor Area," in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used for services to the public as customers, patrons, clients or patients as tenants, including areas occupied for fixtures and equipment used for display or sale of merchandise, less ten (I 0) percent. . e) Off-street parking facilities for residential dwelling units shall be provided and located on the same lot or parcel of land as the building they are intended to serve. f) When off-street parking is required, it shall be designated for that purpose and the individual parking stalls appropriately striped. 5 g) Where a use is not specifically mentioned, off...street parking requirements shall be the same as for similar use. h) In the B-1 and B-2 zoning districts on land which contains existing buildings, nothing in this section shall be construed to prevent collective provisions of off-street parking facilities for two (2) or more buildings or uses provided, collectively, such facilities shall not be less than the. sum of the requirements for the various individual uses computed separately in accordance with the table, and Subdivision 4 below, said buildings or uses are within 350 feet of the parking area. This provision allowing off-site parking shall only apply to land on which there is existing buildings. No off-site parking shall be allowed for businesses which are proposed for raw or unimproved land. i) Nothing in this section shall prevent the extension of, or an addition to a building or structure into an existing parking area which is required for the original building or structure when the same amount of space taken by the extension or addition is provided by an enlargement of the existing parking area. j) No curb cut access shall be located less than twenty (20) feet from the intersection of two (2) or more street right-of-ways for residential uses, and thirty (30) feet for commercial and industrial areas. This distance shall be measured from the intersection of lot lines. k) Curb cut openings shall be a minimum of five (5) feet from the side property line. 1) All properties shall be entitled to at least one (1) curb cut. Single-family uses shall be limited to one (1) curb cut access per property measuring no more than 24 feet in width (the 24-foot width shall include 18-foot width plus 3-foot taper width on each side). m) Driveways in residential areaS which abut a hard surface roadway must be constructed of a hard surface consisting of concrete, bitUminous, pavement or paver stone designed to drain and dispose of surface water. Recycled bituminous or concrete shall be prohibited except as permitted in an industrial area by special use permit. Subd.4: RequiredOff...Street Parking. The amount ofrequired off-street parking space for new uses or buildings, additions thereto and additions to existing buildings as specified previously, shall be determined in accordance with the following table, and the space so required and shall be irrevocably reserved for such use, exceptthese requirements shall not apply to uses in existing buildings within the Central Business District of St. Joseph. The amount of required off-street parking in the Central Business District for existing or new uses and improvements to existing buildings which do not increase the area used for commercial or residential/rental use shall be determined by the Planning Commission with approval by the City Council prior to the issuance of a building permit. The amount of parking space required shall be based on the anticipated demand for parking and loading space, the length of visits generated by the particular 6 business, and the availability of other parking spaces in the Central Business District. The Central Business District shan be located within the following boundaries: Properties lying to the West of First Avenue Northeast; lying East of Second Avenue Northwest; lying North of Minnesota Street; and lying South of the east/west alley which is between Minnesota Street and Ash Street. The lots within the Central Business District are: Lots 4, 5, and 11 through 15 of ' Block 10; Lots.7 through 12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original Townsite ofSt. Joseph. a) Single family, two family non-rental residential units. Two (2) spaces per unit. b) Boarding house, rooming house. bed and breakfast, multiple family. dwellings and rental residential dwellings. One and one..half(1 V2)spaces for each single- bedroom dwelling, two and one-half (2 %) spaces for each two-bedroom dwelling, four (4) spaces for each three-bedroom dwelling, and an additional 1.25 spaces for each additional bedroom within the dwelling. Any bedroom larger than 140 square feet shall be considered as two bedrooms for the purpose of determining the total number of bedrooms within a dwelling. Fractional numbers shall be rounded up to the next highest whole number. c) Motels, motor hotels, hotels. One (I) space per each rental unit and one (I) space for each employee on any shift. d) Church, theater, auditorium. At least one (I) parking space for each four (4) seats based on the design capacity of the main assembly hall. e) Hospitals. Three (3) spaces per each bed. f) Medical. chiropractic. dental or hospital out-patient clinics. One (I) space for each one hundred ten (110) square feet of net floor area or seven (7) spaces per doctor, whichever number of parking spaces is greater. g) Long Term Care Facilities. Assisted Living Centers. Rest Homes and Retirement Homes. One (I) space for each two (2) beds for which accommodations are offered and one (I) for each employee on any shift. h) Elderlv (senior citizen) housing. One (1) space per unit. i) Drive-in restaurant and convenience food. At least one (I) parking space for each thirty-five (35) square feet of gross floor area, but not less than fifteen (IS) spaces. j) Office buildings and professional offices. other than medical. chiropractic. dental or hospital out-patient clinics. One (I) space for each two hundred fifty (250) square feet of floor area. 7 k) Bowling a.lley. At least five (5) pa.rking spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure. 1) Automotive Service Station. At least four (4) off....street parking spaces plus two (2) off....street parking spaces for each service stall. Those facilities designed for sale of other items than strictly automotive products, parts and/or service shall be required to provide additional parking in compliance with other applicable sections of this Ordinance. m) Retailstorea~dserviceestablishment. At least one (1) off-street parking space for each three hundred (300) square feet of floor area. n) Retail sales and service business with fifty (50) percent of gross floor area devoted to storage. warehouses and/or industry. One (1) space for each three . hundred (300) square feet devoted to public sales and/or service plus one (1) space for each one thousand. (1 ,000) square feet of storage area or one (1) space for each employee on the maximum shift which is appropriate. 0) Restaurants and cafes. At least one (1) space for each four (4) seats used by patrons, plus one (1) space for each employee on the maximum shift. p) Private clubs serving food and/or drinks. bars. taverns. nightclubs. At least one (1) space for each fifty (50) square feet of gross floor area. q) Funeral home and Mortuary establishments. At least twenty (20) parking spaces for each chapel or parlor, plus one (1) parking space for each funeral vehicle maintained on the premises. r) Manufacturing. fa.bricating or processing of a product or material. warehouse. storage. handling or bulk goods. post offices. At least eight (8) spaces, plus one (1) space for each two (2) employees on each shift based on maximum planned employment or at a minimum one (1) space for each five hundred (500) square feet of floor area. s) Car wash. (In addition to required stacking space.) 1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking purposes plus one (1) space for each employee on the maximum shift. 2. Self-service. Three (3) spaces per bay for stacking purposes, plus a minimum of two (2) additional spaces. Subd. 5: Parking Lot Standards. In all districts where off-street parking lots are permitted or required such off-street parking shall be constructed and maintained subject to the following regulations: 8 a) Thest;: standards shall not be applicable to parkiflgprovided for single family or two family residences, public parks or other .publicly owned property. Parking lot standards for industrial uses may b~ subject to variance or modification by the conditional use permit for the specific industrial use. In considering a request for variance or modification, the City shall consider the location of the property, size of the parkil1g area,. use of the parking are~, acijacem property. uses and the impact on the general well being of the cOnununity. Alternative .surfaces Which may be permitted in an industrial area ar~ limited to Class. 2. cru&hed.granite. which conforms to the requirements ofMNIDOT specification 3138 with visual evidence of further consolidation. b) Parkiflg lots existing on or before Jafluary 1, 1996, do not have to be brought into compliance with these standards until such time as any of the following events occur. (a) a new structure is constructed on the property served by the parking lot; (b) an addition is constructed to any existing structure located on the property served by the parking lot; (c) A change in use of the property served by the parking lot occurs which results in a remodeling of the structure requiring the issuance of a building permit. c) Adequate ingress and egress shall be provided. d) Such parking lots shall be constructed and maintained in a useable condition, with a hard surface consisting of concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water. Recycled bituminous or concrete shall be prohibited except as permitted in an industrial area by special use permit or variance. e) Whenever such parking.lot boundary adjoins property zoned for residential use, a setback of fifteen (15) feet from said lot line shall be required, and maintained. f) Necessary curbs or other protection against damages to adjoining properties, stre.ets and sidewalks shall be provided and maintained. Concrete curbs to B-12 specifications shall be used for all automobile stops and for all drive and parking areas. g) Plans for the construction of any such parking lot must be approved by the Planning Commission before construction is started. No such land shall be used for parking until approved by the Planning Commission. h) No sign shall be so located as to restrict the sight, orderly operation and traffic movement within any parking area. Only signs necessary for the orderly operation of traffic movement or parking regulation shall be permitted in any parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall not be considered part of the permitted advertising space and shall be subject to signage regulations. 9 i) All parking lots shall be screened and landscape.d from abutting residential uses or districts by a wall, fence or densely-planted compact hedge or tree cover not less than four (4) feet nor more than eight (8) feet in height. j) Except in the case of single-family, two-family, and townhouse developments, parking areas shall be designed so that circulation between parking aisles or driveways occurs within the designated parking lot and does not depend upon a public street or alley an.d such design does not require backing onto the public street. k) Except in the cases of single-family, two-family and townhouse developments, parking lot dimensions are set forth in the table below. Circulation patterns shall allow adequate room for emergency vehicles. Angle and Standard Depth Depth to Aisle Wall/wall Interlock traffic flow stall width to wall interlock width module Module 90 deg 2-way 9' 17.5' 17.5' 26' 61' 61.0 60 deg 2-wav 9' 18.0' 16.5' 26' 62' 59.0 75 deg I-way 9' 18.5' 17.5' 22' 59' 57.0 60 deg I-way 9' 18.0' 16.5' 18' 54' 51.0 Special designs will be considered for unique situations, and are subject to approval of the City Engineer. Handicap stalls shall be provided in accordance with current ADA requirements. Where bumpers overhang sidewalks, allow 2.5 feet of clearance for the overhang before considering useable sidewalk width. 1) Drainage and Surfacing. Driveways shall not exceed a grade of six (6) percent and all parking lots except those for less than four (4) vehicles shall be graded according to a drainage plan which has been approved by the City Engineer. Catch basins, sumps and underground storm sewers may be required. m) Striping. All lots for five (5) or more vehicles shall have the organization of spaces painted on the surface according to the plan approved by the City. n) Circulation. Lots shall be so designed that internal circulation shall be available without utilizing the public street. 0) Maintenance. It shall be the responsibility of the lessee and/or owner ofthe principal use, uses or building to maintain in a neat and adequate manner, the parking area, striping, landscaping and screening. p) Lighting. All lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic flow. 10 Subd. 6: Required Loading Berths. In connection with any structure which is to be erected or substantially altered and which requires the receipt or distribution ,of materials or merchandise by trucks or similar vehicles, with a gross floor area of five thousand (5;000) square feet or more, there shall be off-street loading provided on the basis of the following: Gross Floor Area . square feet 5,000 to 16,000 16,000 to 40,000 40,000to 70,000 70,000 t() 100,000 each additional 40,000 . Minimum required loading berths 1 2 3 4 1 additional Loading space required under this Section shall he at least fifty (50) feet long and'ten (l0) feet wide. Section 84.09. PARKING. LOCATION AND USE OF TRAILER HOUSES AND MOBILE HOMES Subd. 1: Prohibitions. It shall be unlawful for any person to park, or to permit the parking of any trailer house or mobile home owned by him or under his control on any street, alley, or other public place or in any residential area, as above defined, within the City, exc.ept that the parking of only one unoccupied trailer housein an accessory private garage building or in the rear yard of any privately owned yard is hereby permitted provided no living quarters be maintained, or any business practiced at said trailer while such trailer is so parked or stored. Subd. 2: Licensing Required. The owners of all trailer houses or mobile homes shall be required to pay the current Minnesota State License fee or tax each year. Section 84.10. PUBLIC PARK PARKING Subd. 1: Motor Vehicle Use. All vehicles, whether motorized or non-motorized, shall be restricted to their designated parking areas. In those parks where roadways extend into and through the parks, no vehicles shall drive at a speed in excess of five miles per hour. All persons must operate their vehicles in a safe and reasonable manner. No vehicles are to extend beyond the roadway or parking areas. For purposes of this section, three wheel and four wheel all terrain vehicles are to be considered motor vehicles. Section 84.11: IMPOUNDMENT. Any vehicle left parked or standing in violation of this Ordinance or the laws of the State of Minnesota may be towed away pursuant to the provisions of Mhm.Stat. 169.041, as amended. Any motor vehicle towed away and impounded under this Ordinance or State law may be claimed or recovered 'after payment to the towing . authority of all towing and storage charges. The City, its agents and employees, shall not be responsible for any damage done during towing and impoundment under this Ordinance or State law. 11 Subd. 1: Notice of Impoundment. Within forty eight (48) hours after a vehicle has been impounded, the Chief of Police shall send written notice to the owner ofthe' impounded vehicle at his other last known address as shown by the records of the Department of Public Safety. If the owner is unknown to the Chief of Police or an address cannot be found, the Chief of Police shall publish at least once in the City's official newspaper notice of the impounding, the license number of vehicle, the motor vehicle number of the impounded vehicle, and the name and type of vehicle impounded. Subd. 2: Sale of Vehicle. If after the expiration of sixty (60) days after mailing or publishing the notice set out in Subd. 1 the vehicle is not redeemed by the owner or the owner's agent, the City shall proceed to sell the impounded vehicle at public auction a.fterfirst giving at least twenty (20) days notice of such sale by publication in the City's official newspaper of the time and place ofthe sale. The notice shall describe the vehicle to be sold, with reasonable certainty, by manufacturer's trade name or make, motor vehicle number, license number, and any other specifically identifying information, and the notice shall state to whom, if anyone, the records of the Department of Public Safety show the car belongs, and ifthe name ofthe owner is unknown, that fact shall be stated in the notice. Ifthe name of the owner is known, the City shall send that person a copy of the published notice immediately after publication of the notice. The City shall credit any money it receives after the sale to the City's generalfund. At anytime within one (1) year after the sale, if the former owner of the vehicle which has been sold appears, upon application to the City Council and presentation of satisfactory proof that the person was the owner ofthe vehicle sold, that person shall be paid the proceeds of such sale, less the necessary expenses thereof, and less the towing, impounding storage charges and administrative fees as set forth in Subdivision 4. Subd.3: Release of Towed Vehicle. Once all fines and impound fees are paid in full, the City Police Department may release the vehicle to the respective party and the towing company impound lot shall then notify the City Police Department of the date and to whom the vehicle was released. Subd.4: Towing and Impound Fees. A towing charge in connection with the impounding of any vehicle shall not exceed the amount agreed upon in any current contract between the City of St. Joseph and the duly designated garage owner, a true and correct copy of which shall be on file in the office oftheCity Clerk/Administrator for public inspection and reference, and the scheduled charges of the current contract is hereby made a part of this chapter as fully and to the same effect as if set forth herein verbatim. In addition to the towing charges, an administrative fee, in an amount set by Resolution of the City Council, shall also be charged to the owner of any vehicle found to be in violation of this ordinance. The administrative fee shall be paid at the impound lot at the same time the towing fees are paid. Section 84.12: OWNER'S RESPONSIBILITY. Where any motor vehicle is found parked contrary to any provisions of these ordinances, that act is hereby declared to be the act of the registered owner as well as the act of the person actually parking the vehicle. 12 Section 84.13: REGISTERED OWNER. For purposes of this ordinance, the registered owner is defined to include motor vehicle rental or leasing agencies and corporate owners. It shall be a defense to any violation if the registered owner shows that on the date of the offense title to the vehicle has been transferred to another. Section 85.14: SEPARABILITY. Every section, provision or part of this Ordinance is declared separable from every other section, provision or part, arid if any section, provision or part thereof shall be declared invalid, this shall not affect any other section, provision or part. Section 53.15: PENALTY. Any person who violates or fails to comply with the provisions of this Ordinance shall be guilty of a misdemeanor." This amendment is adopted the be effective upon publication. day of , 2006, and shall CITY OF ST. JOSEPH By Richard .Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ; 2006. L:\CITY\STJOE\2006 13 AMENDMENT TO ORDINANCE 84 GENERAL PARKING ORDINANCE The Council ofthe City of St. Joseph hereby ordains: That Ordinance 83 of the St. Jose~h Code of Ordinances is hereby revoked. That Ordinances 35.13 ofthe St. Joseph Code of Ordinances is hereby revoked. That Ordinances 52.10 of the St. Joseph Code of Ordinances is hereby revoked. That Ordinances 53.02 of the St. Joseph Code of Ordinances is hereby revoked. That Ordinance 84 is revoked in its entirety and the following language is enacted in its place: "Section 84.01: INTENT. The intent of this section of the zoning ordinance is to establish standards for parking in the City ofSt. Joseph in order to .ensure that the community remains neat and attractive and that the value of real estate in the City be preserved. The regulations provided herein shall apply equally to all districts except where provided otherwise. mean: Section 84.02: DEFINITIONS. As used in this ordinance the following terms shall Stibd. 1: Semi Trailer. Every vehicle without mode of power designed for carrying persons or property and for being drawn by vehicle and so constructed that some part of its weight and some part of its load rests upon or is carried by another vehicle. Subd.2: Trailer. Every vehicle without mode of power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon another towing vehicle. Subd.3: Truck. Every motor vehicle designed, used or maintained primarily for the transportation of persons and/or property, and which has a gross vehicle weight of 12,000 lbs. or more. Subd. 4: Truck Tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Subd. 5: Street or Highwav. The entire width between the boundary lines of any way or place when any part thereof is open to the use ofthe public as a matter of right or purpose of vehicular traffic. Subd. 6: Residents District. All that territory defined as either single family or residential or multiple residential district in the zoning ordinance for the City of St. Joseph. Subd.7: Trailer Home and/or Mobile Home. Shall mean and include any structure used for sleeping, living, business or storage purposes, which is or has been equipped with wheels for J the transportation thereof from place to place, and the fact that the wheels have been removed therefrom or a foundation of whatever nature, placed thereunder shall not exclude it therefrom, excepting a device used exclusively upon a railroad track operated by a railroad company. Subd. 8: Person. Shall include the singular and the plural, and shall mean and include any individual, corporation, partnership, or other association of persons. Subd.9: Residential Area. Shall mean any area not zoned "industrial" and any area not specifically designated as a "trailer park" or "mobile home park". Subd. 10: Owner. A person owning a legal interest in a "trailer home" or "mobile home", or a tenant, bailee, user or custodian thereof, or any person entitled to possession thereof. Subd. 11: Trailer Park and/or Mobile Horne Park. Shall mean a designated area specially designed and constructed as a mobile home or a mobile trailer facility, licensed by the State of Minnesota, and approved by the City of St. Joseph. Subd. 12. Parking Space. A land area of not less than 180 square feet, exclusive of driveways and aisles, of such shape and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Surfaces of a "parking space" shall be constructed as set forth in Ordinance 84.08, Subd. 5( d). Section 84.03: GENERAL PARKING. Subd. 1: Angle parking shall be required on such streets as shall be designated by appropriate resolution of the City Council. On any such street, every vehicle parked shall park with the front of the vehicle facing the curb or edge of the traveled portion of the street at an angle of approximately 45 degrees and shall face the curb between the painted or other markings on the curb of the street indicating the parking space. All such streets shall be marked by appropriate signs indicating that angle parking is required. On all other streets, parallel parking shall be required according to state law heretofore adopted by reference. Subd 2: No vehicle shall in any case be parked upon the street, boulevard, or alley in any one place for a longer continuous period of twenty-four (24) hours. Vehicles must be moved at least one (1) block. Any vehicle which is moved less than one (1) block shall be deemed to have remained stationary in violation of this subdivision. It is unlawful to remove any mark made by a police Officer for determining the length of time a vehicle, trailer or other object remained parked. Subd.3: No vehicle shall in any case be parked upon a street, boulevard, cralley facing in the opposite direction ofthe traffic flow. All vehicles must be parked on the side of the street that traffic flows. 2 Subd. 4. No vehicle shall park in an area that is not designated a street or alley. Specifically, no vehicle shall be parked on grass or other landscape material located off of a street or alley. Section 84.04: SPECIAL REGULATIONS IN CONGESTED DISTRICT. Subd. 1: It is hereby established that the district known as a congested district within which the rules set forth in this section shall be enforced. The congested district shall include the following streets: All of Minnesota Street, all of Ash Street between Second Avenue West and Second Avenue East, all of College Avenue lying southerly of County Road 75, all of First Avenue East lying southerly of County Road 75, all of First Avenue West lying southerly of County Road 75, all of Second Avenue West, all of Third Avenue West, and all of the all<::ys in the Original Townsite of the City of8t. Joseph. Subd. 2: The City Council by resolution may establish "no truck parking" zones in the congested district and shall mark by appropriate signs any zones so established. No person shall I ;~~i~.~~7:~~~~~~f~~I;o~~ ~~;~~h;f ;;t~~~~eCi~:~i;Q ~i;~~;t;:~.i;~a;~~~:;~~iZ~~40:~~. by the Chief of Police for the purpose of having access to abutting property when such access cannot be conveniently secured from an alley or from a side street where truck parking is not restricted. Subd. 3: The City Council by resolution may designate certain blocks within the city as 5 minute, 30 minute, 1 hour, 2 hour, 8 hour and permit only limited parking zones and shall mark by appropriate signs any zones so established. No person shall park any vehicle in any limited parking zone between the hours of8:00 a.m. and 9:00 p.m. of any weekday for a period longer than specified on signs marking that zone, or without the appropriate permit for "permit only" zones. Subd. 4: Upon application and payment of any applicable permit fees, the City Clerk/Administrator may issue a permit to park in permit only limited parking zones. All information requested in an application form prepared by the Clerk/Administrator shall be provided. Failure to provide information shall be considered grounds for denial of the permit. No more than five permits shall be issued per parking space. Each permit shall be valid for a period of one year from the date of issuance and shall be nontransferable. The City Council may, by resolution, establish permit fees in accordance with Section 14.4. Section 84.05: SNOW SEASON PARKING. Subd. 1: There shall be no parking on any City street from November II to April 1 during the hours of2:00 o'clock A.M. and 7:00 o'clock A.M. Subd. 2: Any vehicles parked in violation of Section 84.03.1, which interfere with the plowing or removal of snow, are subject to immediate towing at the owner's expense. 3 m .. :'{ Deleted: . for ". Deleted: p --l Section 84.06: OBSTRUCTION OF PRIVATE DRIVE. Subd. I: No vehicle shall be parked in a manner obstructing a private driveway or private roadway, or on a private driveway or private roadway, without the express or clearly implied consent of the owner of the private driveway or private roadway. Subd. 2: For purposes ofthis Ordinance, a vehicle is "obstructing" a driveway or roadway if the location of the parked vehicle: a) Blocks the driveway or roadway from use by other vehicles. b) Significantly hinders or slows other vehicles attempting to pass the parked vehicle. c) Forces other vehicles to leave the main traveled portion ofthe driveway or roadway to pass the parked vehicle. Subd.3: Vehicles parked in violation of this section are subject to immediate towing at the owner's expense. Section 84.07: PARKING OF SEMI TRAILERS. TRAILERS. TRUCKS AND TRUCK TRACTORS. Subd. I: Declaration of Nuisance. The parking of semi trailers. trailers. tmcks and tmck tractors. as defined in Section 84.02.)nanan~a ()ftheGi1Y ~ned:R.-lt ~~:?,:R.~3, ()[ l:{:::4 isfoll114 ...{ Deleted: thefollowing vehicles to create a nuisance and detrimental influence upon the public health, safety, prosperity, good order and general welfare of such district by obstructing the view of streets and of private properties, bringing unhealthful and annoying odors and materials into the residential neighborhoods, creating cluttered and otherwise unsightly areas, preventing the full use of residential streets, residential parking, introducing commercial advertising signs into areas where commercial advertising signs are otherwise prohibited,- and otherwise adversely affecting residential property values in the neighborhood patterns. Itshall be unlawful for any person owning, driving or in charge ofa semi trailer, to park the same in a zoned district R-I, R-2, R-3, or R-4 ywithin lOOfe(ltofanyre~id~l1cefo[ l1)ore than60.r11~Ilutes~ 11 ~~all al~() b~uIlla:wfulfor .' ....[ Deleted: nor any person owning, driving, or in charge of a truck with a refrigeration unit running to park the same in a zoned district R-l, R-2, R-3, or R-4 or within 200 feet of any residence for more than 60 minutes. It shall also be unlawful for any person owning, driving or in charge of a truck tractor to park the same in a zoned district R-I, R-2, R-3, or R-4 or within 200 feet of any residence for more than 60 minutes. Subd. 2: Cattle Truck Parking. It shall be unlawful to leave standing upon any street or public alley in the City of S1. Joseph, any cattle truck or vehicle regularly used for transporting livestock for a period exceeding one hour. 4 Subd.3: Restrictions Cumulative. The restrictions of this Ordinance relating to the parking of trucks are not to be construed as exclusive, but rather as in addition to the parking restrictions which apply to all motor vehicles generally, as provided by herein or by state law. Section 84.08: OFFSTREETPARKING Subd. 1: Intent. The intent ofthis section of the zoning ordinance is to establish general standards for off-street parking in order to ensure that the community remains neat and attractive. and that the value of real estate in the City be preserved. The regulations provided herein shall apply equally to all districts except where special provisions provide otherwise. Subd. 2: Scope of Parking and Loading Requirements. a) In all zoning districts, off-street parking facilities for the storage of motor vehicles for the use of occupants, emflloyees and patrons of the buildings or strUctures hereafter erected, altered or extended after the effective date of this Ordinance shall be provided and maintained as herein prescribed. Subd.3: General Parking Provisions. a) Loading space shall not be constrUed as supplying off-street parking space. Minimum parking dimensions shall meet the requirements of Section 52.10, Subd.5K. b) When units or measurements used in determining the number of required parking spaces result in requirement of a fractional space, that fracti~nal space shall be rounded up to the next highest whole number. c) Whenever a use requiring off-street parking is increased in floor area, and such use is located in a building existing on or before the effective date of this Ordinance, additional parking space for the additional floor area shall be provided and maintained in amounts hereafter specified for that use. d) For the purpose of this section, "Floor Area,'I in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used for services to the public as customers, patrons, clients or patients as tenants, including areas occupied for fixtures and equipment used for display or sale of merchandise, less ten (10) percent. e) Off-street parking facilities for residential dwelling units shall be provided and located on the same lot or parcel ofland as the building they are intended to serve. f) When off-street parking is required, it shall be designated for that purpose and the individual parking stalls appropriately striped. 5 g) Where a use is not specifically mentioned, off-street parking requirements shall be the same as for similar use. h) In the B.l and B-2 zoning districts on land which contains existing buildings, nothing in this section shall be construed to prevent collective provisions of off-street parking facilities for two (2) or more buildings or uses provided, "collectively, such facilities shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the table, and Subdivision 4 below, said buildings or uses are within 350 feet of the parking area. This provision allowing off-site parking shall only apply to land on which there is existing buildings. No off-site parking shall be allowed for businesses which are proposed for raw or unimproved land. i) Nothing in this section sha.ll prevent the extension of; or an addition to a building or structure into an existing parking area which is required for the original . building or structure when the same amount of space taken by the extension or addition is provided by an enlargement of the existing parking area. j) No curb cut access shall be located less than twenty (20) feet from the intersection of two (2) or more street right-of-ways for residential uses, and thirty (30) feet for commercial and industrial areas. This distance shan be measured from the intersection of lot lines. k) Curb cut openings shall be a minimum of five (5) feet from the side property line. I) All properties shall be entitled to at least one (1) curb cut. Single-family uses shall be limited to one (1) curb cut access per property measuring no more than 24 feet in width (the 24-foot width shall include 18-foot width plus 3-foot taper width on each side). m) Driveways in residential areas which abut a hard surface roadway must be constructed of a hard surface consisting of concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water; Recycled bituminous or concrete shall be prohibited except as permitted in an industrial area by special use permit. Subd. 4: .Required Off-Street Parking. The amount of required off-street parking space for new uses or buildings, additions thereto and additions to existing buildings as specified previously, shall be determined in accordance with the following table, and the space so required and shall be irrevocably reserved for such use, except these requirements shall not apply to uses in existing buildings within the Central Business District ofSt. Joseph. The amount of required off-street parking in the Central Business District for existing or new uses and improvements to existing buildings which do not increase the area used for commercial or residential/rental use shall be determined by the Planning Commission with approval by the City Council prior to the issuance of a building permit. The amount of parking space required shall be based on the anticipated demand for parking and loading space, the length of visits generated by the particular 6 business, and the availability of other parking spaces in the Central Business District. The Central Business District shall be located within the following boundaries: Properties lying to the West of First Avenue Northeast; lying East of Second Avenue Northwest; lying North of Minnesota Street; and lying South of the east/West alley which is between Minnesota Street and Ash Street. The Jots within the Central Business District are.: Lots 4,5, and 11 through 15 of Block 10; Lots 7 through 12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original Townsite of St. Joseph. . a) Single familv. two familv non-rental residential units. T~o (2) spaces per unit. b) Boarding house. rooming house. bed and breakfast. multiple family dwellings and rental residential dwellings. One arid one-half (1 2) ~}Jacesfor each sil1gle- bedroom dwelling, two and one-half (2 2) spaces for each tw()~bedrool11 dwelling, four (4) spacesforeach three-bedroomdweUing,andanadditional1.25spaces for each additional bedroolll within the dwellillg. AllY bedroom la~gerthan 140 square feet shall be considered as two bedroomsforihe purpose of determining the total number of bedrooms within a dwelling. Fractional numbers shall.be rounded up to the next highest whole number. c) Motels. motor hotels. hotels. One (I) space per each rental unit and one (I) space for each employee on any shift. d) Church. theater. auditorium. At least one (1) parking space for each four (4) seats based on the design capacity of the main assembly hall. e) Hospitals. Three (3) spaces per each bed. f) Medical. chiropractic. dental or hospital out-patient clinics. One (I) space for each one hundred ten (I 10) square feet of net floor area or seven (7) spaces per doctor, whichever number of parking spaces is greater. g) Long Term Care Facilities. Assisted Living Centers. Rest Homes and Retirement Homes. One (I) space for each two (2) beds for which accommodations are offered and one (I) for each employee on any shift. h) Elderlv (senior citizen) housing, One (I) space per unit. i) Drive-in restaurant and convenience food. At least one (I) parking space for each thirty-five (35) square feet of gross floor area, but not less than fifteen (IS) spaces. j) Office buildings and professional offices. other than medical. chiropractic. dental or hospital out-patient clinics. One (1) space for each two hundred fifty (250) square feet of floor area. 7 k) Bowling allev.' At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for related USeS contained within the principal structure. I). Automotive Service Station. At least four (4) off-street parking spaces pIlls two (2) off-street parking spaces for.each service stall. Those facilities designed for sale of other items than strictly automotive products, parts and/or service shall be required to provide additional parking in compliance with other applicable sections of this Ordinance. m) Retail store and service establishment. At least one (1) off-street parking space for each three hundred (300)square feet of floor area. n) Retail sales and service business with fifty (50)perceht of grOSS floor area devoted to storage. warehouses andlor industrv.One (1) space for each three hundred (300) square feet devoted to public sales andlor service plus one (1) space for each one thousand (1,000) square feet of storage area or one (1) space for each employee on the maximum shift which is appropriate. 0) Restaurants and cafes. At least one (1) space for each four (4) seats used by patrons, plus one (I) space for each employee on the maximum shift. p) Private clubs serving food andlor drinks. bars. taverns. nightclubs. At least one (1) space for each fifty (50) square feet of gross floor area. q) Funeral home and Mortuarv establishments. At least twenty (20) parking spaces for each chapel or parlor, plus one (1) parking space for each funeral vehicle maintained on the premises. r) Manufacturing. fabricating or processing of a product or material. warehouse. storage. handling or bulk goods. post offices. At least eight (8) spaces, plus one (1) space for each two (2) employees on each shift based on maximum planned employment or at a minimum one (1) space for each five hundred (500) square feetof floor area. s) Car'wash. (In addition to required stacking space.) 1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking purposes plus one (I) space for each employee on the maximum shift. 2. Self-service. Three (3) spaces per bay for stacking purposes, plus a minimum of two (2) additional spaces. Subd.5: Parking Lot Standards. In all districts where off-street parking lots are permitted or required such off-street parking shall be constructed and maintained subject to the following regulations: 8 a) These standard~ shall not be applicable to parking provided for single familY.or two family residences, public parks or other publicly owned property. Parking lot standards for industrial uses may be ~ubject to variance or modification by the conditional use permit for the specific industrial use. In considering a reque~t for variance or modification, the City shall consider the location of the property, size of the parking area, use of the parking area, adjacentproperty uSeS and the impact on the general well being ofthe community. Alternative surfaces which may be permitted in an industrial area are limited to Class 2 crushed granite which conforms to the requirements ofMNIDOT specification 3138 with visual evidence of further consolidation. b) Parking lots.existing on or before January 1,1996, do not hl1ve to be bro\1ght int.o compliance with these standards until such time as any ofthe foUowing events occur, (a) a new structure is constructed on the property served by the parking lot; (b) an addition is constructed to allY existing structure located on the property served by the parkin,g lot; (c) A change in use oftheproperty served by the parking lot occurs which results in a remodeling of the structure requiring the issuance of a building permit. c) Adequate ingress and egress shall be provided. d) Such parking lots shall be constructed and maintained in a useable condition, with a hard surface consisting of concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water. Recycled bituminous or concrete shall be prohibited except as permitted in an industrial area by special use permit or variance~ e) Whenever such parking lot boundary adjoins property zoned for residential use, a setback of fifteen (15) feet from said lot line shall be required, and maintained. f) Necessary curbs or other protection against damages to adjoining properties, streets and sidewalks shall be provided and maintained. Concrete curbs to B-12 specifications shall be used for all automobile stops and for all drive and parking areas. g) Plans for the construction of any such parking lot must be approved by the Planning Commission before construction is started. No such land shall be used for parking until approved by the Planning Commission. h) No sign shall be so located as to restrict the sight, orderly operation and traffic movement within any parking area. Only signs necessary for the orderly operation of traffic movement or parking regulation shall be permitted in any parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall not be considered part of the permitted advertising space and shall be subject to signage regulations. 9 i) All parking lots shall be screened and landscaped from abutting residential uses or districts by a wall, fence or densely-planted compact hedge or tree cover not less than four (4) feet nor more than eight(8) feet in height. j) Except in the case of single-family, two~family, and townhouse developments, parking areas shall be designed so that circulation between parking aisles or driveways occurs within the designated parking lot and does not depend upon a public street or alley and such design does not require backing onto the public street. k) Except in the cases of single-family, two-family and townhouse developments, parking lot diInensions are set forth in the table below. Circulation patterns shall allow adequate room for emergency vehicles. Angle and Standard Depth Depth to Aisle Wall/wall Interlock traffic flow stall width to wall interlock width module Module 90 deg 2-way 9' 17.5' 17.5' 26' 61' 61.0 60 deg 2-way 9' 18.0' 16.5' 26' 62' 59.0 75 deg I-way 9' 18.5' 17.5' 22' 59' 57.0 60 deg I-way 9' 18.0' 16.5' 18' 54'0 51.0 Special designs will be considered for unique situations, and are subject to approval ofthe City Engineer. Handicap stalls shall be provided in accordance with current ADA requirements. Where bumpers overhang sidewalks, allow 2.5 feet of clearance for the overhang before considering useable sidewalk width. 1) Drainage and Surfacing. Driveways shall not exceed a grade of six (6) percent and all parking lots except those for less than four (4) vehicles shall be graded according toa drainage plan which has been approved by the City Engineer. Catch basins, sumps and underground storm sewers may be required. m) Striping. All lots for five (5) or more vehicles shall have the organization of spaces painted on the surface according to the plan approved by the City. n) Circulation. Lots shall be so designed that internal circulation shall be available without utilizing the public street. 0) Maintenance. It shall be the responsibility of the lessee and/or owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking area, striping, landscaping and screening. p) Lighting. All lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic flow. 10 ..s~b.4. 6:R.eguir~d !-oadingl3eJ1hs.!~ ~()~~e~t,iol1~ithll}lystl1.lct,l!re. ~hi()h ist() .be. erected or substantially altered and which requires the receiptor distribution of materials .or merchandise by trucks or similar vehicles, with a gross floor area offive thousand (5,000) square feet or more, there shall be om street loading provided on the basis of the following: Gross Floor Area square feet 5,000 to 16,000 16,000 to 40,000 40,000 to 70,000 70,000 to 100,000 each additional 40,000 Minimum required loading berths 1 2 3 4 1 additional Loading space required under this Section shall be at least fifty (50) feet long and ten (10) feet wide. Section 84.09. PARKING, LOCATION AND USE OF TRAILER HOUSES AND MOBILE HOMES Subd. 1: Prohibitions. It shall be unlawful for any person to park, or to permit the parking of any trailer house or mobile home owned by him or under his control on any street, alley, or other public place or in any residential area, as above defined, within the City, except" that the parking of only one unoccupied trailer house in an accessory private garage building or in the rear yard of any privately owned yard is hereby permitted provided no living quarters be maintained, or any business practiced at said trailer while such trailer is so parked or stored. Subd. 2: Licensing Required. The owners of all trailer houses or mobile homes shall be required to pay the current Minnesota State License fee or tax each year. Section 84.10. PUBLIC PARK PARKING Subd. 1: Motor Vehicle Use. All vehicles, whether motorized or non-motorized, shall be restricted to their designated parking areas. In those parks where roadways extend into and through the parks, no vehicles shall drive at a speed in excess of five miles per hour. All persons must operate their vehicles in a safe and reasonable manner. No vehicles are to extend beyond the roadway or parking areas. For purposes of this section, three wheel and four wheel all terrain vehicles are to be considered motor vehicles. Section 84.11: IMPOUNDMENT. Any vehicle left parked or standing in violation of this Ordinance or the laws of the State of Minnesota may be towed away pursuant to the provisions of Minn. Stat. 169.041, as amended. Any motor vehicle towed away and impounded under this Ordinance or State law may be claimed or recovered after payment to the towing authority of all towing and storage charges. The City, its agents and employees, shall not be responsible for any damage done during towing and impoundment under this Ordinance or State law. 11 1~1-~~~~-"-page Break----~----.,---- J Subd. 1: Notice of Impoundment. Within forty eight (48) hours after a vehicle has been impounded, the Chief of Police shall send written notice to the owner of the impounded vehicle at his or her last known address as shown by the records of the Department of Public Safety. If the owner is unknown to the Chief of Police or art address cannot be found, the Chief of Police shall publish at least once in the City's official newspaper notice of the impounding, the license number of vehicle, the motor vehicle number of the impounded vehicle, and the name and type of vehicle impounded. Subd.2: Sale of Vehicle. If after the expiration of sixty (60) days after mailing or publishing the notice set out in Subd. 1 the vehicle is not redeemed by the owner or the owner's agent, the City shall proceed to sell the impounded vehicle at public auction after first giving at least twenty (20) days notice of such sale by publication in the City's official newspaper of the time and place of the sale. The notice shall describe the vehicle to be sold, with reasonable certainty, by manufacturer's trade nallle or make, motor vehicle number, license number, and any other specifically identifying information, and the notice shall state to whom, if anyone, the records of the Department of Public Safety show the car belongs, and if the name ofthe owner is unknown, that fact shall be stated in the notice. If the name of the owner is known, the City shall send that person a copy of the published notice immediately after publication ofthe notice. The City shall credit any money it receives after the sale to the City's general fund. At any time within one (1) year after the sale, if the former owner of the vehicle which has been sold appears, upon application to the City Council and presentation of satisfactory proof that the person was the owner of the vehicle sold, that person shall be paid the proceeds of such sale, less the necessary expenses thereof, and less the towing, impounding storage charges and administrative fees as set forth in Subdivision 4. Subd. 3: Release of Towed Vehicle. Once all fines and impound fees are paid in full, the City Police Department may release the vehicle to the respective party and the towing company impound lot shall then notify the City Police Department of the date and to whom the vehicle was released. Subd. 4: Towing and Impound Fees. A towing charge in connection with the impounding of any vehicle shall not exceed the amount agreed upon in any current contract between the City of St. Joseph and the duly designated garage owner, a true and correct copy of which shall be on file in the office of the City Clerk/Administrator for public inspection and reference, and the scheduled charges of the current contract is hereby made a part of this chapter as fully and to the same effect as if set forth herein verbatim. In addition to the towing charges, an administrative fee, in an amount set by Resolution of the City Council, shall also be charged to the owner of any vehicle found to be in violation of this ordinance. The administrative fee shall be paid at the impound lot at the same time the towing fees are paid. Section 84.12: OWNER'S RESPONSIBILITY. Where any motor vehicle is found parked contrary to any provisions of these ordinances, that act is hereby declared to be the act of the registered owner as well as the act ofthe person actually parking the vehicle. 12 Section 84.13:. REGISTERED OWNER. For purposes of this ordinance, the registered owner is defined to include motor vehicle rental or leasing agencies and corporate owners. It shall be a defense to any violation if the registered owner shows that on the date of the offense title to the vehicle has been transferred to another. Section 85.14: SEPARABILITY. Every section, provision or part of this Ordinance is declared sepl,U'able from every other-section, provision or part, and if any section, provision or. part thereof shall be declared invalid, this shall not affect any other section, provision or part. Section 53.15: PENALTY. Any person who violates or fails to comply with the provisions of this Ordinance shall be guilty ofa misdemeanor." This amendment is adopted the be effective upon publication. day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ,2006. L:\CITYlSTJOE\2006 13 AMENDMENT TO ORDINANCE 44 WATER AND SEWER SYSTEM A V AILABILITY CHARGES The Council of the City of S1. Joseph hereby ordains: That Ordinance 44 is amended to read as follows: / Section 44.05: CHARGES. The WAC and SAC charges for all structures or properties to be connected to the municipal water and sanitary sewer systems shall be determined by multiplying the "Base Rate" as shown in Table 1, by the applicable WAC/SAC criteria as shown in Table 2. The City Council may adjust the Base Rate by Resolution at any time deemed appropriate by the City Council. TABLE J BASE RATE SCHEDULE FOR WATER AND SEWER AVAILABILITY CHARGES WAC - the base rate for WAC charges shall be determined by Council Resolution. SAC - the base rate for SAC charges shall be determined by Council Resolution. This amendment is adopted the be effective upon publication. day of , 2006, and shall CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on ,2006. L:\CITY\STJ0E\2006 I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Administration Report (A) DATE: December 5.2006 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROV AL AGENDA ITEM Request to transfer funds. PREVIOUS ACTION RECOMMENDED COUNCIL ACTION Authorize Administration to transfer funds as approved by 2006 budget and transfer funds to prepare for the 2006 audit. FISCAL IMP ACT COMMENTSIRECOMMENDA nONS City of St. Joseph Transfer Requests December, 2006 Debit Credit A-1 Capital Outlay (490) 31,675.38 -Repairs and Maintenance (101) 299.90 2006 Equipment Certificate (437) 31,975.28 . Transfer computer equipment purchased in January before Equipment certificate account was established. A-2 CapitaIOutlay(490) 43,000.00 Park Development(205) 43,000.00 Transfer prior year capital outlay to Park Board fund A-3 2003 Refunding Fire Hall(331) 619,512.58 City Hall Project 2000(322) 619,512.58 prior year audit adj-transfer of 645,000 bond held in escrow A-4 General ( 101) 535.00 Fire Department (105) 535.00 transfer of funds for used radios from Fire Department A-5 EDA (150) 57,500.00 General (101) 57,500.00 Annual Operating budget transfer A-6 General (101) 124,000.00 Capital Outlay (490) 124,000.00 Annual-budget transfer for Capital Outlay A-7 General (101) 120.00 North Corridor (435) 120.00 Transfer to CIP account A-8 CIP-Water Treatment Plant (434) 4,341,123.79 CIP-Water Treatment Plant (601) 4,341,123.79 Transfer to Water Enterprise Fund A-9 CIP-Water Treatment Plant (434) 1,600.52 Water Department (601) 1,600.52 Transfer expense to Water Department A-10 General (101) 10,500.00 Refuse (603) 10,500.00 Transfer of funds for Compensation study A-11 General (101) 473.16 Economic Development (150) 473.16 Transfer of Legislative Wage Expense 112:48 PMTransfer June 2006.xls I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Administrator Reports J oint Powers Agreement - Regional Sales Tax DATE: December 7, 2006 DEPARTMENT APPROVAL ORIGINATING DEPARTMENT AGENDA ITEM Joint Powers Agreement - Regional Sales Tax PREVIOUS ACTION In 2004 the voters of St. Joseph approved the participation in the Regional Sales Tax. The City of St. Cloud agreed to amend the Joint Powers Agreement to include St. Joseph. While St. Joseph has been collecting the tax we have not had an official agreement. It was determined to wait until after the election to draft the revised agreement so that it could be amended once. RECOMMENDED COUNCIL ACTION Authorize the Mayor and Administrator to execute the agreement. FISCAL IMPACT COMMENTSffiECOMMENDATIONS Please note that the population listed for St. Joseph in the agreement is incorrectly stated. Before the agreement is executed we will have the correct population listed. As oftoday the City has received approximately $ 121,000 with 3 Yz months of collection left. It is anticipated that the first year we will collect approximately $ 180,000. Central Minnesota Sales Tax Collection and Distribution Joint Powers Agreement The parties to this AGREEMENT are governmental units of the State of Minnesota. This AGREEMENT is made pursuant to the authority conferred upon the parties by Minnesota Statute g471.59. Article I General Purpose Section 1.1. Purpose. The City of St. Cloud owns and operates the St. Cloud Regional LIBRARY that houses the central office of the Great River Regional Library System. The LIBRARY is an integral part of the region's public infrastructure and a significant asset to the region's cities and the St. Cloud central business district. Library needs have grown with the region's increasing population. The existing LIBRARY opened to the public in 1979. The building is 55,400 square feet in area, which is inadequate for the LIBRARY'S current needs. A study conducted in 2004 concluded that the LIBRARY should be expanded to be 105,000 square feet in area to provide LIBRARY services to the region and act as the main office and distribution center for the Great River Regional Library System. The City of St. Cloud 2003 COlTIprehensive Plan acknowledged that a new LIBRARY is necessary. The Plan contains an extensive list of the LIBRARY'S future needs such as additional facility space, significant expansion of the children's library space and services, significant expansion of the adult library space and services, expansion of the technology based service areas, and addition of parking and other transportation amenities. The new LIBRARY has been a part of the St. Cloud Capital Improvement Program from 2000 to 2006. Pursuant to the approval of the St. Cloud voters at the general election held on November 2, 2004, the City of St. Cloud is authorized to impose a sales and use tax of one-half percent to pay all or part of the capital and administrative costs of the acquisition, construction, and improvement of a new regional LIBRARY located in the City of St. Cloud. Authorized expenses include, but are not limited to, acquiring property, paying construction expenses related to the development of the LIBRARY, and securing and paying debt service issued to finance construction or improvement of the authorized facility up to $30 million plus any debt service costs. The design and construction decisions for the LIBRARY will beat the sole discretion of the City of St. Cloud. The City of St. Cloud recognizes the unique nature of the authority granted by the Minnesota Legislature in Laws 2005, 1st Special Session, Chapter 3, Article 5, Section 37. In respect to the City of St. Cloud, that law authorizes imposition of a sales and use tax based upon the approval of the voters at the general election held on November 2, 2004. The City of St. Cloud is authorized by the authority granted by the Minnesota Legislature in Laws 2005, 1st Special Session, Chapter 3, Article 5, Section 37 to impose the sales and use tax for 13 years beginning January 1, 2006. 1 The primary purpose is to create a source of revenue to provide for the construction of the St. Cloud LIBRARY and Great River Regional Library Headquarters. Additionally, the law authorized distribution of surplus tax revenues to cities whose citizens approve the imposition of the various taxes. Those surplus revenues can be used in accordance with the special law to fund needed public facilities. Surplus revenues are revenues collected from authorized taxes that are greater than the capital or administrative costs of the land acquisition, construction, improvement and bond payments for the construction of a new St. Cloud LIBRARY. This expense will not exceed $900,000 in each of the thirteen years the taxes are collected. The City of St. Joseph is authorized to impose the tax pursuant to the approval of the City voters at the general election on November 2, 2004. The City of Waite Park is authorized to impose the tax pursuant to the approval of the city vote:rs at the general election on November 7,2006. The City of Sartell is authorized to impose the tax pursuant to the approval of the city voters ~at the general election on November 7,2006. The City of Sauk Rapids is authorized to impose the tax pursuant to approval of the city voters at the general election on November 7, 2006. The City of St. Augusta is authorized to impose the tax pursuant to approval of the city voters at the general election on November 8, 2005. The purpose of this Joint Powers AGREEMENT is to provide for the collection and distribution of the sales tax authorized by Laws 2005, 15t Special Session, Chapter 3, Article 5, Section 37. The authorized taxes are a one-half percent sales and use tax. The revenues raised must be used for the purpose of the land acquisition, construction, improvement and bond payments for a new St. Cloud LIBRARY and other projects of regional significance. Collections from the Cities of Waite Park, Sartell and Sauk Rapids will be distributed under this AGREEMENT starting January 1, 2007. Any sales tax dollars collected from the Cities of Waite Park, Sartell and Sauk Rapids prior to January 1, 2007 will be distributed in accordance with terms of the January 12, 2003 agreement. That agreement had, as its primary purpose, the funding of improvements at the St. Cloud Regional Airport. The 2005 session law is in the best interests of the governmental units executing this AGREEMENT as well as the citizens of those units. - Article II Definitions Section 2.1. "PARTICIPANT". Any city which is a signatory to this AGREEMENT. Article III General Administration 2 Section 3.1. The City of S1. Cloud shall provide general administrative servIces to the P ARTICIP ANTS. These services shall include: Accounting and reporting Record keeping Legal services Section 3.2. Any P ARTICIP ANT'S employees serving as advisors or providing administrative services shall not be considered employees of any other P ARTICIP ANT for any purpose. Each P ARTICIP ANT shall be responsible for the payment of wages or other remuneration to its employees providing services pursuant to this AGREEMENT. Article IV Imposition of Sales and Use Taxes Section 4.1. The collection and administration of sales and use taxes shall follow provisions of Minnesota Statutes, Section 297 A,48. Once all taxes, less state administrative fee, have been remitted to the City of S1. Cloud, the following procedures shall be followed: 4.1.1 AccountiDl:! and Financin2. The City of S1. Cloud shall establish a Sales and Use Tax Fund. The Sales and Use Tax Fund shall be the depository for all tax revenue collected by the State of Minnesota and remitted to the City of S1. Cloud, pursuant to Laws 2005, 1st Special Session, Chapter 3, Article 5, Section 37. 4.1.2 Procedures. After receipt of sales and use tax revenue into the City of St. Cloud's Sales and Use Tax Fund each year, the City of St. Cloud will transfer $900,000 to City of St. Cloud accounting funds related to the LIBRARY improvements. Accounting and reporting of all funds and accounts will follow generally accepted government accounting practices. 4.1.3'Financial Statements. The City of S1. Cloud will provide the PAR TICIP ANT'S monthly statements of all activity related to the Sales and Use Tax Fund. Article V Use and Distribution of Surplus Tax Revenue Section 5.1. If annual revenue collected from the sales and use taxes, authorized in Laws 2005, 1 st Special Session, Chapter 3, Article 5, Section 37, are greater than $900,000 the surplus shall be returned to the P ARTICIP ANTS in the manner described in Section 5.2. of this AGREEMENT. 5.1.1 Use of Surplus Tax Revenue: The use of surplus tax revenue will comply with Laws 2005, 1st Special Session, Chapter 3, Article 5, Section 37. Section 5.2. Distribution of Surplus Tax Revenue: The annual distribution of surplus revenue will be as follows: 3 STR x ( PPTT + PPTP ) = PD 2 Where: STRis the surplus tax revenue in each year for which the sales and use tax is collected. PPTT is the PARTICIPANT'S total sales and use tax revenues collected by the Mlnnesota Department of Revenue each year as a percentage ofthe total sales and use tax revenue for all Participants in that same year. PPTP is the PARTICIPANT'S total population in each year as a percentage of the total population of all PARTICIPANTS in that same year. The population shall be based on the Minnesota State Demographer's latest population estimate. PD is the PARTICIPANT'S annual distribution. Sample Calculation for the Cities of St. Cloud and participating Cities Available . City Population % Tax % Library For Allocation Distribution Distribution % S1. Cloud 63,789 61.60 $64,250,149 66.33 63.97 $4,477,900 S1. Augusta 2,726 2.63 $134,200 0.14 1.39 $97,300 Sartell 12,629 12.20 $2,348,104 2.42 7.31 $511,700 Sauk Rapids 12,216 11.80 $6,014,335 6.21 9.00 $630,000 Waite Park 6,757 6.53 $23,184,299 23.94 15.23 $1,066,100 S1. Joseph 10,327 5.25 $926,648 0.96 3.10 -c $217,000 Total 103,555 100.00 $5,511,901 100.00 $900,000 $7,000,000 100.00 $7,000,000 Section 5.3 Time for Distribution. The City of St. Cloud will distribute excess revenues to P ARTICIP ANTS on a monthly basis once the $900,000 Library allocation has been paid. Article VI Indemnification Section 6.1. Each P ARTICIP ANT shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or. actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the PARTICIPANT, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this AGREEMENT. Section 6.2. It is understood and agreed that nothing in this AGREEMENT shall affect or otherwise constitute a waiver of the limits on the liability of any P ARTICIP ANT provided by Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. 4 Article VII Duration Section 7.1. This AGREEMENT shall continue in full force and effect until December 31, 2018. Section 7.2. Upon termination of this AGREEMENT, all property purchased or owned pursuant to this AGREEMENT together with monies on hand, shall be distributed to the current Participants. Such distribution of assets shall be made in proportion to the total contributions by the respective PARTICIPANT over the entire duration of this AGREEMENT. This AGREEMENT will continue in full force and effect after termination for such period, no longer than six (6) months, as is necessary to wind up the affairs of the PAR TICIP ANT, but for no other purpose. Article VIII Severability Se.ction 8.1. If any portion of this AGREEMENT is found to be void, unenforceable or unconstitutional, or any combination of these, by a court of competent jurisdiction, the remaining portion of this AGREEMENT shall remain in effect. Article IX Effective Date Section 9.1. Effective Date. This AGREEMENT shall be in full force and effect for each P ARTICIP ANT upon signing this AGREEMENT. All P ARTICIP ANTS need not sign the same copy. Each PARTICIPANT shall file the signed AGREEMENT with the City Clerk of the City of St. Cloud. Article X Prior Agreements Section 10.1. Cities that chose to execute this AGREEMENT may be parties to a prior Sales Tax Collection and Distribution Joint Powers Agreement. The prior agreement had as its primary purpose the funding of improvements at the St. Cloud Regional Airport. Initial participants executed that agreement on September 12,2003. At the time any participant in the prior agreement executes this AGREEMENT and becomes a P ARTICP ANT, then, at that time the prior agreement becomes void as to that P ARTICIP ANT and is replaced in its entirety by this AGREEMENT. The only exception is that the City of St. Clouds participation in the prior agreement will continue for purpose of providing administrative services including collection and administration of tax revenues pursuant to that agreement. The prior agreement will become void as to all parties, including the City of St. Cloud, on March 31, 2007, the time at which the authority to collect a sales tax authorized under Laws 2002, Chapter 377, Article 11, Section 2 expues. 5 IN WITNESS WHEREOF, the undersigned governmental unit, by action of their governing bodies, hav{( caused this AGREEMENT to be executed in accordance with the AUTHORITY of Minnesota Statute ~471.59. Date: CITY OF ST. CLOUD By Its City Clerk Date: CITY OF SAUK RAPIDS By Its Mayor By Its City Clerk Date: CITY OF SARTELL By Its Mayor By Its City Clerk Date: CITY OF WAITE PARK By 6 Its Mayor By Its City Clerk Date: CITY OF ST. JOSEPH By Its Mayor Date: By Its City Clerk CITY OF ST. AUGUSTA By Its Mayor By Its City Clerk H:\CITY _ DA T\LegaI\CONTRACT\Library Sales Tax Agreement - Nov. 21, 2006.doc 7 I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Administrator Reports SCAW AC Report , DATE: December 7, 2006 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM SCA W AC Report PREVIOUS ACTION The City Staff has been working with the area Cities on the Wastewater Treatment Facilities expansion. Part of the discussiorrhas been centered around the. pool capacity and premium for leased space. As of this time consensus has not been reached. The City of St.. Cloud would like to start the approval process needed from MPCA. The resolution included in the packet has been modified leaving out the section that St. Joseph agrees to the cost allocation methodology. Rather, it states that we will continue discussing alternatives. RECOMMENDED COUNCIL ACTION Authorize the Mayor and Administrator to execute Resolution 2006-036 as presented. FISCAL IMPACT COMMENTS/RECOMMENDATIONS CITY COUNCIL RESOLUTION 2006-045 SUPPORTING THE SAINT CLOUD AREA WASTEWATER TREATMENT FACILITY - FACILITIES PLAN COMPLETED BY BLACK & VEATCH CORPORATION WHEREAS, the City of St. Joseph has been an active participant in the St. Cloud Area Wastewater Advisory Commission (SCA WAC); and WHEREAS, SCA WAC has requested the City of St. Cloud conduct a Facilities Plan for the St. Cloud Area Wastewater Treatment Facility and participated in a consultant selection committee; and WHEREAS, the consulting firm of Black & Veatch was selected by the selection committee to complete the Facilities Plan for the rehabilitation, upgrade and expansion of the St. Cloud Wastewater Treatment Facility; and WHEREAS, the City of St. Joseph has submitted the requested population and flow projections to Black & Veatch Corporation; and WHEREAS, the City of St. Joseph supports the selected improvements and upgrades, construction phasing, pool capacity concept and agree to continue discussing cost allocation methodology; and WHEREAS, the City of St. Cloud and Black & Veatch presented the draft recommendations included in the Facilities Plan to area Mayors, City Councils, Administrators and Finance Directors at a meeting held in Sartell on April 25, 2006; and WHEREAS, the City of St. Joseph has been involved, through SCA WAC, in the development process for the Facilities Plan and authorized City Engineer, Tracy Ekola and Jim Marthaler to be representative(s) and they have reviewed the Facilities Plan. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA: That the City of Joseph hereby approves the aforementioned Facilities Plan and agree to continue to discuss the cost allocation methodology for the rehabilitation, upgrade and expansion of the St. Cloud Area Wastewater Treatment Facility and recommend its submittal to the Minnesota Pollution Control Agency. WHEREUPON the above resolution was adopted at the regular meeting of the Council of the City of 81. Joseph conducted on , 2006. Richard Carlbom, Mayor Date Judy Weyrens, Administrator Date AdministrdtOr . /udy Weyrens . . Mayor R.ichard CcJrlbom. Councilors AIR.dssier R.oss R.ieke R.enee $ymdnietz DClle Wick www.cityofstjoseph.com CITY OF ST~ JOSEPH December 5,2006 Lowell C. Enerson Sauk River Watershed District 524 - 4th Street So. Sauk Center, MN 56378 . RE: Sank River Watershed District - Proposed Rules Revision Dear Mr. Enerson: The purpose of this letter is to provide written comment to you and the Board of Managers regarding the proposed rules revision for the Sauk River Watershed District (SRWD). While our city has not done a comprehensive review of the rules, we would at this time like to suggest the following items .. for your consideration: . . Has the SRWD reviewed area cities and counties storm water management regulations? Many of the regulations listed in.the rules are a duplication of existing regulations (i.e. both state and local regulations).. . . The requirements for storm water management Rule D 1.(j) are too restrictive and not feasible. What is the justification for the 25uglllimit? . The last sentence of RuleD 1 ;(j) implies that this limit will be imposed on existing systems also. This requirement is especially burdensome and would require condemnation of additional land in many cases in order to meet this rule. Doc;:s the SRWD intend to fund the additional land and treatment costs? . . The requirement for municipal wastewater Rule L 2. (h) is more restrictive than the state MPCA regulations and isn't based on a realistic or feasible standard. Why is the SR WD duplicating the MPCA' s regulation? Why not participate in the TMD L studies and use a scientific and generally accepted approach rather than setting a standard without justification? · The. rules seem to target municipalities. · Because the changes to your rules are so significant, more review and collaboration with area jurisdictions would seem appropriate. Similar regulation/ordinance processes completed by the City have taken up to a year or moie in order to adequately research the .changes and address stakeholder cOncerns and comments. Sincerely, CITYOFST.J~ . ~. dj)1)t~ Judy yrens . Admi strator 2. f Co. II e g e A v e ~ u e Nor t h . P 0 B 0. x 6 6 8 Ph 0 n e 32.0 .363. 720 I Sqint./ose.ph, Minnesotd fbJ74 fdX 320.363.0342. District 742/Rivers Bend Organizational Meeting November 2, 2006 Attendees: District 742 - AI Haus, David Leapaldt, Steve Paasch Rivers Bend - City- Judy Weyrens, Tracy Ekola, Tom Jovanovich, Dick Taufen, Ron Wasmund, Lee Gladistch Stearns County - Mitch Anderson Planninq Process Jovanovich verified that the property does not need to be re-zoned for the school to construct the proposed facility. Rather the Ordinance will require the School to complete the Special Use process. Weyrens will forward the material to Steve Paasch. . Improvement Costs Weyrens verified that the improvements to Jade Road will be funded through the issuance of bonds. Therefore the City will need to follow the assessment process as provided in MN Statute 429. The first step is updating the feasibility report. Ekola stated that she will update the original report. Concept Plan Leapaldt presented two different concept plans for the proposed school facility. The Building Committee has reviewed several plan and concurred that the school facility will be , constructed near CR 121 with the fields located directly behind. At this. time District 742 has not committed to building a second facility, the plans indicate that sufficient room is available at the far south end of the property. The proposed site development is similar to that of Oakhill. The difficulty with planning the site is dealing with traffic assuring that safety is addressed. Leapaldt discussed the various traffic issues, which include: · Twice a day within a half an hour time span 15 buses are present · Need to create a separate traffic pattern for drop off and pick up -;- separating bus traffice from vehicle traffic · Identify a traffic pattern for staff and visitors · Identify a traffic pattern for service and delivery. Access Issues Considerable time was spend discussing access to the site. While the City and County have indicated that access from CR 121 is not available Leapaldt discussed the need to have limited access for bus traffic. Leapaldt suggested that access be granted for bus traffic only and when the access is not being used it would be gated. The second access would then be from Jade Road. Leapaldt stated that in considering traffic it is important to separate bus traffic from vehicle and pedestrian. Anderson reiterated that he does not approve access to CR 121 even if it is limited to bus traffic. He would prefer that City Streets are utilized for access. In reviewing the proposed development Ekola indicated that Odell Street would provide adequate access and could be used for bus traffic with Jade Road being used for vehicle traffic. Anderson stated that the proposed access in the middle of the curve on CR 121 and would create a potential hazard. Anderson questioned if a turn around could be provided for the buses and they could still use access from Jade Road. Leapolt stated that they prefer to separate the coming and going of the buses for safety reasons. Anderson and Ekola presented the following reasons for not granting access to CR 121: · Alternative access is available by constructing a portion of Odell · Access is too close to a future intersection · CR 121 is a major roadway designed with limited access · Curve and site distance limitations · Even though barricaded, vehicles may try and use the access creating traffic issues such as backing out to CR 121 or turning around. Upon being questioned about street construction, Ekola stated that the first phase of River's Bend will include Odell Street and the reconstruction of Jade Road. Wasmond clarified that you do not want excessive traffic in the residential neighborhood and consideration should be given during the planning process. Site Utilities The City will need an easement through the school property for water main, force main and storm sewer. In reviewing the proposed site plan it appears as though both plans would accommodate the needed easement. It is anticipated that the City will require a 50' easement. Ekola clarified that a parking lot or playground is acceptable on an easement area; however fending would be questionable depending on access. Wasmond discussed the need for adeq'rlate fire access. The Building code will require a 16 foot wide access road around the facility that will be surfaced. They are looking at connecting the fire access to the trail to create a wellness path to be utilized by the staff. Jade Road will be constructed with curb and gutter. Forward the trail improvement to GL T. Upon being asked to discuss the utility plans, Ekola presented the following: . The construction of a holding pond is included in the construction plans for the first phase of Rivers Bend. The pond was designed to accommodate the needs for the housing development and reconstruction of Jade Road. If additional capacity is needed a smaller pond or temporary pond could be constructed. . It is anticipated that approximately 1800 to 200 feet of Jade Road will be reconstructed with the first phase. . Water and Sewer will be extended from Neary Street . Gas and Electric will be extended down CR 121 and Jade Road. . Water service will consist of one 12" line. . The water system will not be looped and water pressure should not be an issue. Leapaldt summarized the following site plan issues: . The School District is in the process of hiring a civil engineer. . With the exception of onewing, the school facility will be one level . The Building Committee and School Board could agree on afinal concept plan as early as November 16. . Clarified that the developer and school are to share equally the cost for Neary Street and CR 121 Next meeting date will be December 7 at 11 :30 AM ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 PURPOSE OF THE AGREEMENT This agreement is entered into between the City of St. Joseph, hereinafter called the "Employer", and the Law Enforcement Labor Services, Inc. hereinafter called the "LELS"'l It is the intent and purpose of the Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this \ Agreement's interpretation add/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. RECOGNITION 2.1 The Employer recognizes LELS as the exclusive representative under Minnesota Statues, Section 179A.03, Subdivision 8, for all employers of the 8t. Joseph Police Department who work more than fourteen (14) hours per week or 67 days per year, excluding the Chief of Police and all other non-police Employees of the City of St. Joseph. DEFINITIONS 3.1 LELS: Law Enforcement Labor Services, Inc. 3.2 LELS Member: A member of the St. Joseph Police Department as described in Paragraph 2.1. 3.3 Employee: A member of the exclusively recognized bargainingunit. 3.4 Regular Employee: Employee who has completed the introductory period. 3.5 Introductory Employee: Employee who has not yet completed the introductory period. 3.6 Department: The City of 8t. Joseph Police Department. 3.7 Employer: The City of 8t. Joseph. 3.8 Chief: Police Chief,City of St. Joseph 3.9 Scheduled Shift: A continuous work period including two fifteen (15) minute paid rest breaks and a one-half (1/2) hour paid lunch break. EMPLOYER AUTHORITY ARTICLE 5 ARTICLE 6 4.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform and inherent managerial functions not specifically limited by this Agreement. EMPLOYEE SECURITY 5.1 LELS may designate employees from the bargaining unit to act as steward and alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 5.2 There shall be no discrimination, by the Employer or LELS against any employee because of, race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, age or non- membership in LELS. 5.3 For such employees as authorize it in writing, the Employer shall deduct from the first pay of each month an amount equal to the regular monthly LELS dues and shall remit such monies to the Treasurer of LELS. 5.4 The Employer and LELS recognize the provision of Minnesota Statutes 471.44 regarding the furnishing of a counsel to defend Officers in certain circumstances arising from the performance of their official duties, for action brought by citizens. GRIEVANCE PROCEDURE 6.1 DEFINITION OF GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union will notify the ~ 6.3 6.4 EMPLOYER in writing of the names of such Union Representatives and of the successors. PROCESSING OF A GRIEVANCE It is recognized and accepted by the Union and EMPLOYER the processing of grievances is limited by the job duties and responsibilities of the employees and will therefore be accomplished during" normal working hours when consistent with such employees' duties and responsibilities. The aggrieved employee and the Union Re-f)resentative will be released from work, without loss of pay, to investigate a grievance and to attend meetings or hearings pursuant to this Article provided the employee and the Union Representative have notified and received the approval of the EMPLOYER who has determined such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in a conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement will, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Police Chief. The Chief will discuss and give answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violate, and the remedy requested, and will be appealed to Step 2 within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance will be presented by the Union and discussed with the City Administrator. The City Administrator will give an answer to the Step 2 grievance in writing within ten (10) calendar days after receipt. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) days following the City Administrator's Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the City Council. The City Council will give an answer to such Step 3 grievance in writing within (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days fOllowing the City Council's final answer in Step 3. Any grievance not appealed in writing in Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 3A. A grievance unresolved in Step 3, may, by mutual agreement of the parties be submitted to mediation through the Bureau of Mediation Services. A submission to mediation preserves the time lines for filing. Step 4.A grievance unresolved in Step 3 and appealed to Step 4 will be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator will be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 6.5 ARBITRATOR'S AUTHORITY A. The Arbitrator will have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the Union, and will have no authority to make a decision on any other issue not so submitted. B. The arbitrator will be without power to make decisions contrary to or . inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision will be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the ARTICLE 7 parties, whichever be later, unless the parties agree in writing to an extension. The decision will be binding on both the Employer and the Union and will be based solely on the arbitrator's interpretation or application of the express terms of this contract and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings will be borne equally by the Employer and the Union provided that each party will be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost will be shared equally. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extel!sion thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at the step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual .. agreement of the EMPLOYER and the Union. HOURS OF WORK 7.1 The Employer shall be the sole authority in determining the work schedules. 7.2 The normal work day shall consist of ten (10) hours. The Employer may change the normal work day to eight (8) hour days be a 4/5th vote of the City Council after consulting with and receiving a recommendation from the Chief of Police. The Employer shall provide LELS with sixty (60) days written notice prior to implementing any change in the work day, unless LELS agrees to shorter notice or the change is necessitated by an emergency. ARTICLE 8 7.3 The normal work year shall consist of 2080 hours. 7.4 Work schedules shall be posted one (1) week in advance, subject to change due to emergency circumstances. Trading of shifts will be allowed if approved by the Chief. Any department initiated changes less than one (1) week in advance after posting will be paid at the overtime rate. 7.5 "Emergency" circumstances relate solely to health and safety issues. 7.6 Shifts will be rotated insofar as practical except where some other arrangement mutually has been agreed upon. 7.7 So far as possible, Employees shall receive an equal number of Sundays and Holidays off each year. OVERTIME AND PREMIUM PAY 8.1 All work in excess of ten (10) hours per day or work beyond the normal scheduledwork time shall be paid for one and one-half (1 1/2) times the Employee's regular straight time rate of pay. 8.2 So far as possible, Employees shall receive approximately the same amount of scheduled overtime in anyone year. 8.3 An employee called back to duty during his/her off":duty hours shall receive a minimum of two (2) hours at time and one half. 8.4 Employees called in for court appearances during an off duty day or vacation day shall receive a minimum of two (2) hours pay. If more than 2 hours, the Employee shall be paid for one and one half (1 %) times the Employee's regular straight time hourly rate of pay for the time in excess of two (2) hours. 8.5 If an employee is scheduled for a court appearance and the matter is canceled after 5:00 PM the day before the schedule appearance the employee shall be compensated two (2) hours of pay. The compensation will be paid at one and one half (1 %) times the employee's regular straight time hourly rate of pay. 8.6 Overtime work performed which is compensated for by time and one half time off, in lieu of overtime shall be called compensatory time. It may be taken in hourly or half hour increments. Employees may accumulate up to 80 hours of compensatory time and carry forward to the next calendar year forty (40) hours. ARTICLE 9 8.7 For purposes of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same . hours worked. HOLIDAYS 9.1 The following twelve days shall be paid holidays for regular Employees: New Years Day January 1st Martin Luther King 3rd Monday in January President's Day 3rd Monday in February Good Friday 1/2 day and % day floating Memorial Day Last Monday in May Independence Day July 4th Labor Day 1 st Monday in September Veteran's Day November 11th Thanksgiving Day 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas Eve December 24th Christmas Day December 25th 9.2 Regular Employees who work on a paid holiday shall receive some other day off with pay. Probationary Employees who work on a holiday shall receive another day off. However, that day must be used within 60 days of the holiday or the hours are forfeited. An Employee is considered to have worked on a holiday only if the Employee'.s shift commenced on a holiday regardless of when the shift ended. Should a paid holiday occur during an Employee's scheduled day off, the Employee shall receive some other day off with pay. If the Employee fails to take another day off prior to June 1 st (for holidays falling on or between December 1 st and May 31 st) or December 1 st (for holidays falling on or between June 1 st and November 30th), the Employee shall be compensated for the holiday at the regular rate of pay in exchange for the day off. In addition, full time employees shall be paid at a rate of time and one half for all hours worked on the following holidays: New Years Day, Martin Luther King Day, Good Friday, Easter, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Eve, Christmas Day, President's Day. 9.3 Each regular employee shall receive a Personal Holiday to be used at the discretion of the employee upon approval of the immediate supervisor. The Personal Holiday hours may not be taken in increments and will be equal to the hours worked on a typical wor~ day. Personal Holiday hours not used before December 31 of any calendar year shall be forfeited. The Personal Holiday cannot be used if the employee has unused holiday hours from the schedule listed above. ARTICLE 10 VACATIONS Full time employees are eligible for paid vacation. An employee is not eligible to use paid vacation during their first six months of employment. Vacation accrues from the first day of employment. 10.1 Regular full time Employees shall earn vacation benefits as follows: a.) Vacation hours will be credited each pay period. b.) One full year of service equals 40 hours earned. c.) Two full years through four full years of service, 80 hours are earned per year. d.) Five full years through nine full years of service, 120 hours are earned per year. e.) Ten full years through fourteen full years of service, 160 hours are earned per year. f.) Fifteen full years and every year thereafter, 200 hours are earned per year. 10.2 Employees leaving employment in good standing after gIVIng proper notice of termination shall be compensated for vacation leave earned and unused to the date of separation. 10.3 Employees are allowed to carry forward to the next calendar year a maximum of eighty 100 hours. All unused vacation time in excess of 100 hours shall be forfeited. 10.4 No Employee may waive vacation leave in order to receive double pay. An Employee who works on a day when he or she is also tClking vacation leave shall not receive overtime pay for the hours worked, unless aotually working more than ten (10) hours. ARTICLE 11 10.5 Vacation preferences shall be designated by March 30, and seniority shall govern in cases of conflict. Officers shall schedule at least eighty (80%) of their vacation time by May 1 sl of each year. 10.6 An Employee deprived of vacation or any part thereof due to an emergency, shall be compensated in cash for the vacation time lost, or be allowed the vacation time taken at a later date on approval of the Employer, at the Employer's discretion. SICK LEAVE Full time employees are eligible to earn sick leave. An employee is not eligible to use sick leave during their first six months of employment. Sick leave accrues from the first day of employment. 11.1 Sick Leave with pay shall be earned by each regular full time employee on a basis of eight (8) hours for each month of service. 11.2 Sick leave may be accumulated up to a maximum of seven hundred and twenty (720) hours. When an officer hired prior to January 1, 2002 has reached the maximum accumulation of sick days, s/he will be paid for eight hours each month that sick leave is earned and not used. When an Officer hired after January 1, 2002 has reached the maximum accumulation of sick days, s/he will be paid four hours worked each month that sick time is earned but not used. 11.3 Upon retirement or termination in good standing and after three or more years of service, Employees shall receive four (4) hours pay for each month of unused accumulated sick leave. When an employee separates employment in good standing, with over 10 years of service, they will receive 100% of the accumulated balance that must be rolled into an IRS approved medical spending account as established by the Employer. 11.4 Sick leave may be granted only for absence from duty due to personal illness, legal quarantine, or death or serious illness in the employee's immediate family, and what amount of sick leave that may be used for death in the immediate family, and what constitutes "immediate family" shall be a spouse, child, parent, or sibling living in their home. 11.5 Certification by a physician may be required in any request for sick leave, according to the City Personnel Policy. 11.6 In order for an eligible Employee to receive sick leave, the employee must report prior to Scheduled work to the Chief the reason for a proposed absence from duty and keep the Chief informed of his condition of the absence if it is for more than three (3) days. 11.7 Claiming sick leave when physically fit except as provided by this Article may be cause for disciplinary action, including suspension, demotion or dismissal. 11.8 Funeral Leave: An employee shall be granted three days leave with pay in the event of a death in the immediate family (spouse, children, father, mother, legal guardian, brothers and sisters) and one day leave with pay for the funeral of a mother-in-law, father-in-law, grandmother or grandfather. In the event of unusual circumstances, sick leave may be taken in addition to funeral leave on approval of the Police Chief/City Administrator. 11.9 Military Leave: Every Employee to whom Minnesota Statutes Section 192.26 or 192.261 applies is entitled to the benefits afforded by those sections. The state laws giving 15 working days leave per year to National Guard and Reserve personnel for training or when called into active duty is mandatory and applies to every city whether or not included in the ordinance. The section is included simply to make city officers and employees aware of the fact that the state law applies. ARTICLE 12 INSURANCE 12.1 The Employer will offer the following two health insurance plans: . High Deductible Health Plan 100 (HSA). For this plan the City will pay 80% of the insurance premium. In addition the City will fund the following deductible for each of the calendar years: 2007 - Single $ 2,200, Family $ 4,400; 2008 Single $ 2,000 and Family $ 4,000. For the year 2008 the City will deposit one half of the deductible January and the remaining deductible will be deposited with each regular pay check. Aware Gold with copay. For this plan the City will pay 70% of the insurance premium with the employee paying 30%. The Employer will pay 80% of the dental insurance premium and the employee shall pay 20% of the premium, for regular full time employees, their spouses, and their dependants. 12.2 The Employer shall provide regular full time employees with term Life Insurance with death benefits in the amount of at least $25,000. ARTICLE 13 INTRODUCTORY PERIOD, SENIORITY, AND RESIGNATION 13.1 All newly sworn police officers shall serve a one (1) year introductory period upon completion of basic training, and all other Officers with one year full time previous experience in the State of Minnesota shall serve a six (6) month introductory period. During their introductory period, employees may be terminated at the sole discretion of the Employer. 13.2 Upon completion of the introductory period, employees shall become regular Employees within the meaning of this Agreement and shall have seniority dating from the beginning date of their continuous employment. 13.3 In the event of a layoff or recall, seniority shall govern provided: that no regular Employee shall be laid off while introductory employees are employed. 13.4 The Employee shall provide at least fourteen (14) calendar days written notice of an intent to resign, specifying the termination date, and reason for resignation. Failure to provide such notice may mean a loss of termination benefits due under this Agreement. An unauthorized leave of more than three (3) working days shall be deemed to be a resignation without notice. ARTICLE 14 DISCIPLINE 14.1 The Employer will discipline employees for just cause only. Discipline shall be in one of the following forms: a.) oral reprimand b.) written reprimand c.) suspension d.) demotion, or e.) discharge 14.2 Suspensions, demotions and discharges will be in written form. 14.3 Written reprimands, notices of suspension and notices of discharge, which are to become part of an employee's personnel file, shall be read and acknowledged by signature of the employee. Employees and LELS shall receive a copy of such reprimands and/or notices. 14.4 Employees may examine their own individual personnel files at reasonable times under the supervision of the Employer. 14.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have an LELS representative present at such a meeting. 14.6 Grievances relating to this Article and involving suspension, demotion or discharge shall be initiated by LELS in Step 2 of the Grievance Procedure, under Article 6. ARTICLE 15 WAGES 15.1 All Employees shall be paid in accordance with Schedule "A" attached hereto and made a part of this Agreement. 15.2 Differential pay will be applied to regularly scheduled work hours from 5:00 PM through 7:00 AM. (Not to include overtime hours). It is payable in multiples of one hours, scheduled between 5:00 PM and 7:00 AM of the next day. The rate shall be as follows: 2007 $ .60 per hour 2008 $ .65 per hour 15.3 The designated Field Training Officer (FTO) shall receive one hour of comp time for each shift they function as FTOffi 15.4 An employee promoted to sergeant shall move to the sergeant pay scale with a minimum wage increase of 5%. ARTICLE 16 LONGEVITY 16.1 All Officers hired prior to January 1, 2002 shall receive a longevity payment of $20.00 per full year of service. 16.2 Officers receiving longevity pay shall receive payment in December of each year. ARTICLE 17 UNIFORMS 17.1 All new Employees shall be provided with an initial proper uniform, provided that any employee terminated during her/her introductory period shall return all uniform items, leather, and weapons to the Employer. The City shall provide the following basic uniform for new personnel: Patrol Basic Clothing issue: One cap each-summer and winter style Two pair of shoes One jacket One overcoat Three shirts each-summer and winter style Three pants each-summer and winter style One pair gloves Two ties 17.2 As a uniform allowance, the'Employer shall make direct payment to approved vendors for uniform items purchased by the Employee. The uniform expenses paid by the Employer per year for each officer shall not exceed the following amounts: 2007 $ 590 2008 $ 600 Any uniform purchases in excess of the above stated amounts shall be an expense of the employee. 17.3 Officers shall be allowed to use up to one-half of the uniform allowance for dry cleaning services. The St. Joseph Laundromat shall be the designated vendor and the City will establish an account so that the City is billed directly for the cleaning. Dry cleaning services are limited to approved police apparel. 17.4 The uniform allowance provided in section 17.2 must be used to purchase items listed in Attachment B of this agreement. 17.3 The Employer shall designate at least two approved vendors, based upon the recommendation of LELS. New employees shall not accrue uniform allowance until completion of their six (6) month introductory period. Upon completion of their introductory period, new officers shall be entitled to a uniform allowance prorated for the remainder of the calendar year in which the introductory period ends. 17.5 Officers shall be allowed to carry forward a total of $100 of unused uniform allowance from one calendar year to the next. 17.6 The Employer shall cover all costs on glasses damaged or destroyed in the line of duty. 17.7 The Employer shall pay up to twenty-five (25) dollars for repair or replacement of watches in the line of duty. ARTICLE 18 WEAPON 18.1 The employer shall furnish each officer with up to two boxes of ammunition (100 rounds) per month for practice. The officer shall sign a receipt indicating that they have received the ammunition for target practice. Each Officer shall be issued four targets for each one hundred rounds of ammunition. All targets shall be returned on July 1 and January 1 of each calendar year. 18.2 The employer shall furnish each officer with the required duty ammunition once per year. ,ARTICLE 19 LICENSE 19.1 The Employer shall pay annually the POST license for all full time regular employees. ARTICLE 20 RETIREMENT CONTRIBUTION 20.1 The Employer shall contribute to PERA for each employee as required by Minnesota Statute; the Employees shall contribute as required by Minnesota Statute. 20.2 The Employer shall make a deferred compensation program available to all Officers. The Employer will not contribute to the program. ARTICLE 21 POLICE POLICY AND PROCEDURE MANUAL AND EMPLOYEE MANUAL 21.1 Where the Collective Bargaining Agreement conflicts with the Employee manual, the Collective Bargaining Agreement shall govern. Otherwise, the Police Officers shall be subject to the terms and conditions of the Employee Manual. The Police Officers shall also be subject to the policies and procedures set forth in the Police Policy and Procedure Manual. Where the terms of the Police Policy and Procedure Manual conflicts with either the Collective Bargaining Agreement or the Employee Manual, the Collective Bargaining Contract and the Employee Manual shall govern. ARTICLE 22 WAIVER 22.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and condition of employment to the extent inconsistent with the provision of the Agreement, are hereby superseded. 22.2 All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for its specified term. The Employer and the Association agree that only upon written consent of both parties may this agreement be opened during its life for plirposes of negotiations on terms or conditions of employment covered by this Agreement or tho~e not specifically referred to or covered by this Agreement. ARTICLE 23 SAVINGS CLAUSE 23.1 The Agreement is subject to the laws of the United States, the State of Minnesota and the City of St. Joseph. In the event any provision of this Agreement shall be held contrary to law by court of competent jurisdiction form whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the Agreement shall continue in full force and effect. The voided provisions may be renegotiated at the written request of either party. ARTICLE 24 DURATION 24.1 This Agreement shall be in effect from January 1, 2007 to December 31, 2008 and shall remain in effect from year to year thereafter unless either party gives written notice 90 day prior to any anniversary date of its desire to amend or terminate the agreement. IN WITNESS WHEREOF the parties hereto have set there hands and seals this day of , 2007. CITY OF ST. JOSEPH LAW ENFORCEMENT LABOR SERVICES By: By: Dean Mann, Business Agent Richard Carlbom, Mayor By: By: Dwight Pfannenstein, Union Steward Judy Weyrens, Administrator Attachment "B" Uniform Allowance The following is a list of uniforms items, which can be purchased with the uniform allowance, provided each officer by the City of St. Joseph. Once purchased these items become the property of the Officer. All uniform purchases must be accompanied with a purchase order signed by the Police Chief. Long & Short Sleeve Shirts Summer and Winter pants - Uniform Turtleneck Summer/Winter/Dress Hat Ties & Tie Clasp Black Shoes/Boots Bullet Proof vest cover Winter/Spring/Fall Coats Gloves Bike Patrol Officers - Uniforms/gear Protective Glasses - not to exceed 25% of annual allowance Mini Belt type Flashlightlholder/bulbslbatteries/chargers Weapon Light and holder 2nd Set of Handcuffs Duty Belt I Inner Belt Belt/Key Keeper Shoe & leather polish, inserts, laces Raid type jacket or jump suit Rain Gear I.D. & Badge holder Name tag/collar brass/rank insignia Brief Case/organizer/clip board Plain Clothes Holster Knife/seat belt cutter/multitool Pens/refill City Apparel- based on the City contract (limited to $ 50 annually)