HomeMy WebLinkAbout[08] Millstream Arts Committee - Banner RequestC.i'I'1' OF tiT. J[xtilsPH
MEETING DATE: August 31, 2009
Council Agenda Item 8
AGENDA ITEM: Millstream Arts Committee -Banner Request
SUBMITTED BY: Administration
STAFF RECOMMENDATION: Staff has not accepted the application as complete as the City does not
not have ownership of the anchor that will be used. The application would be accepted if the City
receives ownership approval. Staff has been asked to place this matter on the agenda in the absence of
the ownership verification.
PREVIOUS PLANNING COMMISSION ACTION: In 2009 the Planning Commission recommended and
the City Council approved an amendment to the Sign Ordinance to allow the display of banners under
certain circumstances (see attached extract).
BACKGROUND INFORMATION: Included in your packet is a letter that was sent by Tom Jovanovich at
the time the banner Ordinance was being amended. The memo discusses owning an anchor pole and
permitting banners as long as they meet the qualifications outlined in the Ordinance. I have also
included correspondence that has been ongoing with the Public Works Director and Millstream Arts
Festival representative. Tom Jovanovich is preparing a memo to the Planning Commission verifying that
the City does not have the authority to allow use of property that the City does not own.
The Public Works Director has spent a considerable amount of time looking at alternatives for a sign
location. Existing utilities make it difficult to find a place where it would be desirable to display a
banner. The staff is supportive of the use of banners and has been working to accomplish the goal but
we have not been successful.
Staff has prepared an application for banner display and it was met with objection and modified by the
petitioner. The bold print sentence has been added to the original form . Millstream Arts
representatives have been provided with the contact information for Xcel to see if approval is an option.
ATTACHMENTS: Application Materials, Ordinance Extract, Attorney Memo, Email
correspondence
REQUESTED PLANNING COMMISSION ACTION:
,~~~,~~
CITY OF ST. JOSEP
SIGN PERMIT-STREET BANNER
Applicant (Organization) Name: Millstream Arts Festival
Applicant Address: PO Box 448
City/State/Zip Saint Joseph, MN 56374
Contact Name: Michael McDonald
Contact Phone Number: Home: 363-4173 Cell: 249-0666
Event the banner will display: Millstream Arts Festival
Dates of the event: September 27th, 2009
Location(s) for the banners ~ College Avenue North
Start Date Sep 12 (or after 9/3) End Date
Sign Contractor: Rheaume's House of Lettering (RHL)
Address: 25113 21st Ave
City/State/Zip Saint Cloud, MN 56301
Phone Number 252-7680
x Minnesota Street W
Sep 27
The application for a permit to display a street banner must include the following informa/tion:
j~ Graphic Image of sign ~ Complete se of plans ~' Plan showing elevations
Insurance certifcate Application Fee - $ ~ Approval of company owning
naming City 25,00 anchor pole
By signing this application I (we) the undersigned certify that the application is true and correct and that
I (we) assure that the banner will be in full compliance with St. Joseph Code of Ordinance 52.11 Subd.
16. PLEASE SEE ATTACHED ADDENDUM THAT ADDRESSES THE 8 REQUIREMENTS OF THE ORDINANCE.
Applicant Signature Building Official Signature
Application Date O Issue Date
'" Applicaiton Complete Application Incomplete
Date Accepted: Date of Planning Commission Meeting
Date Rejected: -
DECEIVED
AUG 2 ~ 2009
Application for Cross-Street Banner
1. Name & address of applicant
Millstream Arts Festival, PO Box 448, St. Joseph
Mike McDonald, 21313th Ave SE, St. Joseph, 363-4173
2. Event banner will promote
Millstream Arts Festival, Sunday, Sep 27th
3. Location(s) of banner
One banner will hang at the city-approved location on Minnesota Street (by the Local Blend)
4. The type and content of the banner
There will be one or two Cross-Street banners constructed with high quality vinyl. The content will read
"MILLSTREAM ARTS FESTIVAL -LAST SUNDAY IN SEPT"
5. Set of plans showing the necessary elevation, distances, size & details of the banner.
Banners will be 2 sided, constructed from high quality vinyl (13 oz) with grommets across the top and a rope
running through the bottom. The banner(s) will be three feet high and either 30 or 40 feet long. The city
approved location on Minnesota Street has an existing banner cable that is 22.3 feet above ground which will
easily meet the 17 foot to-bottom-of-of banner requirement . Proof of Liability Insurance will be presented to
the city naming the city as an insured party in regard to the banner.
6. Cost of banner(s)
The cost fora 3 x 30 foot banner is approximately $900 and the cost of a 3 x 40 foot banner approximately
$1,200.
7. Certification of compliance
By signing this application we certify that the Millstream Arts Festival organization will be in compliance with all
the requirements of the banner ordinance (52.11 Subd 16). PLEASE NOTE: THE ORDINANCE DOES NOT REQUIRE
GETTING THE APPROVAL OF ANCHOR POLE OWNERS AS SHOWN ON THE OFFICIAL CITY APPLICATION.
8. Dates requested for banner to hang
We request the banner(s) hang from September 12th through September 27th.
~~
Mike McDonald
Millstream Arts Festival Organization
~e~-,~~v~.~~ ~~~
ACORD CERTIFICATE OF LIABILITY INSURANCE OPID 8B DATE(MMIDD/YYYY)
MILLS-1 08 24 09
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO
PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
HOLDER
Mahowald Insurance Agency .
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P.O. Box 129
St. Cloud MN 56302
Phone: 320-251-3751 Fax: 320-251-2373
INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: West Bend Mutual 15350
INSURER B:
l INSURER C:
Millstream Arta Festiva
PO BOX 448 INSURER D:
5t Joseph MN 56374
INSURER E:
lilt V CtWl7CJ
E LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
THE POLICIES OF INSURANC
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
ANY REQUIREMENT, TERM OR
CE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
MAY PERTAIN, THE INSURAN
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE
POLICY NUMBER
DATE MMlDD/YY
DATE MMlDDnIYON
LIMITS
AL LIABILITY EACH OCCURRENCE $
GEN ER
COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $
CLAIMS MADE ~ OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GGREGATE LIMIT APPLIES PER:
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AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $
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E.L. DISEASE - EA EMPLOYE
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SPECIAL PROVISIONS below
OTHER
A Special Event NSO 0990677 07/22/09 09/28/09 Occ 1,000,000
A re ate 2,000,000
DESCRIPTION OF OPERATIONS /LOCATIONS! VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
City of St. Joseph is hereby listed as an Additional Insured. See Attached
Notes for more details.
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GtK11tICAIC nvL.uorc ~^'-----~-•----
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL LO DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
City of St. Joseph
REPRESENTATIVES.
25 North College Ave AUTHORI2E0 ES
St. Joseph MN 56374
aroR~ CORPORATION 1
988
ACORD 25 (2UUI/US)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
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SIGN ORDINANCE EXTRACT
BANNER
Subd. 16: Banners. Upon application to the City, a banner may be permitted to be hung
across the right-of--way at the two specified locations designated by the City to promote local
community events only. This ordinance shall not be construed as authorizing any such signs or
banners on public property or on private property other than those specifically authorized by the
City.
a) Permit Required. No banner shall be erected, altered, maintained or
moved without first securing a permit from the City. The content of the
message or speech displayed on the sign shall be limited to promoting
community events and shall be reviewed or considered in determining
whether to approve or deny a banner permit. Application for a permit
shall be in writing addressed to the zoning administrator and shall
contain the following:
1. Names and addresses of the applicant(s);
2. The event the banner is meant to promote;
3. The location(s) at which any banner is to be erected;
4. The type and content of the banner;
5. A complete set of plans, showing the necessary elevations, distances,
size and details of the banner;
6. The cost of the banner;
7. Certification by applicant indicating the application complies with all
requirements of the banner ordinance; and
8. The dates the applicant(s) request the banner be present.
b) Approval by Planning Commisson. Banner plans will be reviewed at
regular meetings by the Planning Commisson. In addition, special
meetings can be requested for plan review. In reviewing the proposed
banner, the Planning Commisson shall consider the following criteria:
1. Traffic circulation and pedestrian safety. Banners shall not contain
content or be placed in a manner to obstruct the safety of pedestrians,
motorists, cyclists, or other users of the public streets over which they
are to hang.
2. Sign Design and Visual Impact.
3. Construction and Maintenance. All banners must be constructed and
maintained by the applicant and must be done in a manner that results
in professionally finished appearance. All banners shall be constructed
in such a manner and of such material that they shall be safe.
All permits not approved or denied within 30 days shall be deemed denied. If the
permit is denied, the issuing authority shall prepare a written notice of the denial
within 10 days of its decision.
c) Application Fee. The permit application fee is listed in Appendix A and
is due upon submission of the application.
d) Erecting and Removing Banner. Each applicant is responsible for
hanging and removing an approved banner. Roadway banners in
support of community events maybe displayed for a period not to
exceed 21 days. All banners must be removed within 48 hours of the
completion of the scheduled event.
The use of the posts to hang a banner which promotes a community
event will be given to applicants on a first come, first serve basis.
e) Liability Insurance/Hold Harmless. Proof of liability insurance in
accordance with this subdivision shall be delivered to the City
Clerk/Administrator prior to issuance of the permit. The applicant must
demonstrate proof of financial responsibility with regard to liability
naming the City as an insured. The policy of insurance shall be in limits
of not less than one million per occurrence.
The liability insurance policy required by this subdivision shall provide that it may not be
cancelled for any cause, either by the insured or the insurance company without first giving
notice to the City in writing of intention to cancel it, addressed to the City Clerk/Administrator of
the City of St. Joseph.
f) Liability. The applicant(s) shall hold the City of St. Joseph harmless
from any and all claims and actions, litigations, and from damages
arising out of the erection, maintenance or removal of any banner
allowed under the authority of this ordinance nor shall the City of St.
Joseph be held liable for a claim based upon enforcement of this
ordinance.
g) Notice of Violation/Assessment of Costs. Notice of any violation of this
ordinance will be sent directly to the applicant(s) or to the party who
failed to submit an application in violation of this subdivision. Violation
of this ordinance is deemed a misdemeanor.
MEMO
TO: Judy Weyrens
City Administrator
FROM: Tom Jovanovich
City Attorney
RE: City banner/sign
DATE: Apri129, 2009
Can the City allow two locations for a banner sign to hang across Cityright-of--ways for
temporary use within the calendar year when the locations of the posts for the banner are located
on private property? Can it be limited to only allow banners for community festivals and
benefits?
The City seeks to amend its current ordinances to allow two banners to hang over the right-of-
way at or near 2°d Avenue NW and College Avenue or Minnesota Street. The banners would be
limited to information regarding upcoming community festivals and benefits. Said banners may
not be present more than 21 days and must be taken down within 48 hours of the actual event.
Those who wish to hang a banner must provide an application together with a fee to the Planning
Commission for approval and must provide proof that the sign meets building code design.
Liability insurance with the City as a named insured will be required for any posted banner. The
posts used to hang the banners will be placed on private property for a yearly lease fee, or upon
other agreement, for year round use. These posts will be available to the public on a first come
first serve basis for promoting their event.
It appears that the City may allow for banners to be hung over City Street right-of--ways,
however, not over any highway right-of--way. In State v. Otterstad, 734 N.W.2d 642
(Minn.,2007) the Supreme Court found that appellants' signs were not the type of signs that can
be placed on or near highways. Highway 10 (within which right-of--way appellants placed their
signs) is designated as a trunk highway under Minn.Stat. ~ 161.114, subd. 2 (2006),-and is part of
the National Highway System. Minnesota Statutes & 161.434 (20061 allows the commissioner of
transportation to make agreements for "the limited use" of the right-of--way along trunk
highways, but only for "highway purposes." Appellants had no agreement with the commissioner
and their signs were not placed over Highway 10 during rush hour for "highway purposes." In
addition, under 23 U.S.C. ~ 1310 (2000), signs within 660 feet of the right-of--way of a highway
that is part of the National Highway System are limited to five types.
The City, however, does not wish to hang these banners overhighwayright-of--ways or tie these
banners to City light posts or other City structures, but instead wishes to place the poles to secure
the banners upon the private property of City residents.
For the purposes of this ordinance, the City may acquire private property and property rights for
a very small amount of property in which to place the posts by purchase, an easement which is
an interest inland in the possession of another which entitles the owner of such interest to a
limited use or enjoyment of the land in which the interest exists, or by lease agreements.
The proposed amendment is consistent with and does not require any changes to Ordinance 82
entitled Interference with the Obstruction of Right of Ways. That ordinance simply states that no
person shall interfere with, obstruct, or render dangerous for any passage any public street,
highway sidewalk or right of way. Further, although the banner ordinance limits the content of
the banners to promote community events, the Sign Ordinance provides other avenues to
promote sepazate causes. The granting of applications to use the poles to promote proposed
community events must be completed in an unbiased and equal manner.
The best location for the proposed banner ordinance would be in Ordinance 52:11 entitled Signs.
Please see the attached red-lined changes to that ordinance.
2
CENTRAL MINNESOTA PCU ~ w ^ 6
~ www:cmfcu.org • 888-330-8482. 1 y
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MILLSTREAM ARTS FESTIVAL, INC. ~5-aa2o~2sos
P.O. BOX 448 f>' ~S~
SAINT JOSEPH, MN 56374 b
PAY TO THE _ ~~ vV $ ~~ Q/~
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MILLSTREAM ARTS FESTIVAL, INC.
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5196
Judy Weyrens
From: Terry Thene
Sent: Friday, July 31, 2009 10:02 AM
To: Judy Weyrens
Subject: FW: Banners
FYI
Terry Thene
Public Works Director
City of St. Joseph
o - 320-229-1579
f - 320-363-0342
ttheneC~citvofstioseph.com
www.cityofstioseph.com
From: Teich, Jodi [mailto:Jodi.Teich@co.stearns.mn.us]
Sent: Friday, July 31, 2009 9:05 AM
To: Terry Thene
Cc: Miller, Jeffrey
Subject: RE: Banners
Depending what the banners are for (I'm assuming to welcome back college students) we typically pretend we don't see
them but would like them at least 20 feet high. We don't want anything permanent. Jeff, do you have anything to add?
Jodi L. Teich, P.E.
Assistant County Engineer
Stearns County Public Works
455 28th Avenue South
Waite Park, MN 56387
Phone: (320) 255-6180
Fax: (320) 255-6186
iodi.teic hC~co. steau-us. mu.us
From: Terry Thene [mailto:tthene@cityofstjoseph.com]
Sent: Thursday, July 30, 2009 2:19 PM
To: Teich, )odi
Subject: Banners
Jodi, I had a request to find suitable locations on Mn Stand College Ave for the placement of banners which would span
the road. Does the county have restrictions, concerns, or comments on the subject?
Terry Thene
Public Works Director
City of St. Joseph
o - 320-229-1579
f - 320-363-0342
ttheneC~citvofstioseah.com
www.cityofstioseph.com
Judy Weyrens
Subject: FW: Banner Sign Permit.doc
From: Terry Thene
Sent: Monday, August 24, 2009 1:11 PM
To: Michael McDonald
Subject: RE: Banner Sign Permit.doc
Mike, I met with Charter in regards to College Ave and they will not lower their cable. They're already below the county
requirement of 18'. The banner cable on College is at 17'5" and will not meet the height requirement of 17' with the
bottom of the banner. The banner cable on Mn St. is 22'3" above the street level and would allow for the height
requirement. Xcel owns the poles with a possibility of joint ownership with other small utilities. I talked to Xcel and they
do not give permits for banners. I don't believe that Xcel will drive to the City of St. Joseph looking for violations either. I
will talk to Judy on this with concerns about legalities and City liability. I will refer to her guidance on how to proceed
Terry Thene
Public Works Director
City of St. Joseph
o - 320-229-1579
f - 320-363-0342
tthene@citvofstioseph.com
www.cityofstioseph.com
From: Michael McDonald [mailto:mmmcdonald@charter.net]
Sent: Monday, August 24, 2009 11:50 AM
To: Terry Thene
Cc: 'Mary Degiovanni'; 'Niedenfuer, Mary'
Subject: FW: Banner Sign Permit.doc
Terry,
Can you tell me who owns the anchor poles for the approved MN St location? Also can you tell me what the
approximate elevation is to the cable hardware that the banner will be hanging
from? I thought once the city found an approved location(s) every organization using it would not have to get an
approval from the company owning the anchor poles.
Mike
Judy Weyrens
From: Michael McDonald [mmmcdonald@charter.net]
Sent: Wednesday, August 19, 2009 12:48 PM
To: 'Mary Degiovanni'; Judy Weyrens; dale.wick@wolterskluwer.com; Terry Thene
Cc: 'Renslow, Molly'
Subject: RE: Millstream Banner
I am adding Judy, Terry, and Dale to this message so we can all be reading the same information and work together to
accomplish our objectives. This will be the first time the
city will be going through the sign permit process for banners as well. I'll also email the two pages from the ordinance
book that pertains to banners in a separate message.
It is great that you are also thinking about the banner because this is likely atwo-person job anyhow. The timing of us
both working on it was just a stroke of luck. I sat down and
pulled out my various to-do lists and it got me thinking that banner locations have still not been resolved so I called and
set up a meeting with Terry yesterday before
my Chamber meeting. His job was to find an appropriate location on Minnesota Street and another on College Avenue
in the downtown area to make available for the use of
banners. The best location on College for banners to hang is the area between Bo Diddley's on one side and the La
Playette on the other. That location however still
has some problems that would have to be solved first. There are phone and cable wires that would likely cause some
safety problems and someone (the city along with a couple
of our local civic organizations??) would have to ask those utility companies if they are willing to find another route to
service the little house next to the La (and then that location
would likely meet the ordinance specifications). This likely cannot be done before our current needs. The other location
is on MN between the church smaller light pole and the
utility pole by the Local Blend (location where the city hangs its Christmas banner decoration). Both of the locations
Terry noted already have the hardware (cable type wire and
fastening loops) needed to hang a banner. Terry said that hardware was likely installed by Excel Energy many, many
years ago (but is still in good shape). The Minnesota Street
location should be OK for us to use.
Perhaps everyone could review the banner ordinance that I will send and see if we can get everything in place by the
end of this week. We are looking forward to everyone's
ideas.
I can start by throwing some things out:
The application must be approved by the Planning Commission. Our normal meeting is scheduled for the 1st Mon of the
month but that is Labor Day & I don't recall what date
we rescheduled but we still should be able to have the banner hanging for around our 21 allowed days if everything else
is in place and ready to go.
Mary, the application asks for banner specifications such as verbiage, cost, size, materials, etc for the banner. I am not
sure which company we are working with but it might be best to
have the company drive out and look at the location to tell us what works best and fill in those blanks. Millstream is also
responsible for getting the banner hung and removed within
48 hours after the event.
Terry, can you tell us what the elevation is of the banner hardware is and the distance between the poles so we can use
it in our application?
1
Judy, what is the amount of the application fee?
Millstream also has to make sure that our insurance policy has the required Liability Insurance/Hold Harmless coverage
as mentioned in the ordinance.
Everyone feel free to add their contribution to making this happen in a timely manner. Mary, we can talk tonight at the
Music on the Lawn (or in the Local Blend) event.
Mike
P.S. I am also adding Molly to this message. I know the college is interested in taking advantage of the city's new
banner ordinance and may also have some direct
knowledge of past street banner usage.
From: Mary Degiovanni [mailto:mary@sartellmn.com]
Sent: Wednesday, August 19, 2009 8:59 AM
To: Michael McDonald
Subject: FW: Millstream Banner
Sorry Mike, I had it on my calendar to follow up on this banner and should have checked with you first. I'll forward
anything I get from Judy, and I'll stay out of it if you are pursuing -just let me know if there is anything else I can do on
the banner. Margy and I are getting the Black Sign ordered, I've asked the Newsleader to send us an ad to proof and a
suggestion of size and dates for our newspaper budget, and I've asked Joe Erickson for some dates/times when we could
send our other donors into record tag lines (the Credit Union, Wetterlings, Chamber).
Mary
From: Judy Weyrens lmailto:jweyrens@cityofstjoseph.com]
Sent: Wednesday, August 19, 2009 8:47 AM
To: Mary Degiovanni
Subject: RE: Millstream Banner
It is my understanding that Mike McDonald met with Terry Thene yesterday to discuss this very item. I have also
forwarded information to Dale Wick. I will find out what happened yesterday with Mike and Terry and let you know.
Judy
From: Mary Degiovanni [mailto:mary@sartellmn.com]
Sent: Wednesday, August 19, 2009 8:22 AM
To: Judy Weyrens
Subject: Millstream Banner
Hi Judy,
Can you give us any insight into the banner status? I think we should place our order in the next week or so, and I'd like
to get a design approved by you in advance so we are sure we are in compliance with the Ordinance and that we have
something that will look good. Has a size been determined so we can get a cost quote and proof for review?
Mary
Judy Weyrens
From: Michael McDonald [mmmcdonald@charter.net]
Sent: Friday, August 21, 2009 11:13 AM
To: Judy Weyrens
Subject: 9/31/09 Planning Commission Agenda
Judy,
Can you please add an application for across-Street Banner sign to the Planning Commission's agenda on 8/31? I'm
still gathering information to finalize the application
(the city does not have a standard form for it does it?). I should be getting another bid on next Monday. I had thought
we removed the requirement that the Planning
Commission has to actually approve any of these signs. 1 thought we had removed that provision but I was wrong. How
much is the application fee?
Thanks,
Mike
Judy Weyrens
From: Michael McDonald [mmmcdonald@charter.net]
Sent: Monday, August 24, 2009 8:10 PM
To: Terry Thene
Cc: Judy Weyrens
Subject: RE: Banner Sign Permit.doc
Thanks Terry. I just got home. Sounds like we will have to scratch the College Ave location (and I can live with that).
I am including Judy on this message as well Terry.
Judy.....The banner ordinance that was passed does not include any requirements that the organizations seek
permission from the anchor pole owners. I would expect that is something that should
be between the organizations hanging the banners and the pole owners. As far as liability is concerned with the city,
our insurance policy(s) will make sure the city is covered at least to the extent of
what is asked for in the ordinance. Hopefully the city will not ask for additional requirements that are not part of the
ordinance.
Mike
From: Terry Thene [mailto:tthene@cityofstjoseph.com]
Sent: Monday, August 24, 2009 1:11 PM
To: Michael McDonald
Subject: RE: Banner Sign Permit.doc
Mike, I met with Charter in regards to College Ave and they will not lower their cable. They're already below the county
requirement of 18'. The banner cable on College is at 17'5" and will not meet the height requirement of 17' with the
bottom of the banner. The banner cable on Mn St. is 22'3" above the street level and would allow for the height
requirement. Xcel owns the poles with a possibility of joint ownership with other small utilities. I talked to Xcel and they
do not give permits for banners. I don't believe that Xcel will drive to the City of St. Joseph looking for violations either. I
will talk to Judy on this with concerns about legalities and City liability. I will refer to her guidance on how to proceed
Terry Thene
Public Works Director
City of St. Joseph
o - 320-229-1579
f - 320-363-0342
ttheneCp?citvofstioseah.com
www.cityofstioseah.com
From: Michael McDonald [mailto:mmmcdonald@charter.net]
Sent: Monday, August 24, 2009 11:50 AM
To: Terry Thene
Cc: 'Mary Degiovanni'; 'Niedenfuer, Mary'
Subject: FW: Banner Sign Permit.doc
Terry,
Can you tell me who owns the anchor poles for the approved MN St location? Also can you tell me what the
approximate elevation is to the cable hardware that the banner will be hanging
from? I thought once the city found an approved location(s) every organization using it would not have to get an
approval from the company owning the anchor poles.
i
Mike
From: Judy Weyrens [mailto:jweyrens@cityofstjoseph.com]
Sent: Monday, August 24, 2009 10:57 AM
To: Michael McDonald
Subject: Banner Sign Permit.doc
Mike -
I was just about finished when you rang. Hope you have a good time at the Golf Tournament and have a better putting
day than Tiger Woods last Sunday.
Judy
Judy Weyrens
From: Michael McDonald [mmmcdonald@charter.net]
Sent: Tuesday, August 25, 2009 9:47 AM
To: Judy Weyrens
Subject: RE: Banner Sign Permit.doc
No hole in one forme (not even a hole in three).
Does the city have written permission from the various utility companies to hang all of their Xmas decorations or
specifically the cross-street one? Since having permission from the
anchor pole owners is not part of the ordinance what would happen if we just not check that particular box on the
application? We are in the final process of getting bids and the
cost will likely be in the $1,000 range. We don't want to be spending that kind of money if this will be turned down nor
do we think that we have enough time to get permission
from the various anchor pole owners. I get the feeling that the city does not even have that in writing but it is more of
closed eyes type deal with the owners. To me the best
way to attack this is to submit our application before we actually order the banner to see how the Planning Commission
handles it. That way we risk only losing a $25 application
fee (or will the city give that back if it is turned down).
I am not sure what other alternatives the city is thinking about regarding the placement of new anchor poles. Unless the
poles are located in a high traffic area they would not
meet the purpose of placing the banners. I just got out of another Millstream Arts meeting and the group is excited
about the prospect of having a banner that hopefully will
bring more people to our community.
Thanks,
Mike
From: Judy Weyrens [mailto:jweyrens@cityofstjoseph.com]
Sent: Tuesday, August 25, 2009 8:55 AM
To: Michael McDonald
Cc: Terry Thene
Subject: RE: Banner Sign Permit.doc
Good Morning Mike -
I take it you did not get a hole in one yesterday. If the City owned the anchor poles this would not be necessary. When
the Ordinance was adopted we were going to see if the City could install an anchor pole that could be used for such.
Terry has looked along College Avenue and Minnesota Street and does not believe there is room to place another pole in
an area that would work. We continue to look at alternatives.
Judy
From: Michael McDonald [mailto:mmmcdonald@charter.net]
Sent: Monday, August 24, 2009 8:10 PM
To: Terry Thene
Cc: Judy Weyrens
Subject: RE; Banner Sign Permit.doc
Thanks Terry. I just got home. Sounds like we will have to scratch the College Ave location (and I can live with that).
I am including Judy on this message as well Terry.
Judy.....The banner ordinance that was passed does not include any requirements that the organizations seek
permission from the anchor pole owners. I would expect that is something that should
be between the organizations hanging the banners and the pole owners. As far as liability is concerned with the city,
our insurance policy(s) will make sure the city is covered at least to the extent of
what is asked for in the ordinance. Hopefully the city will not ask for additional requirements that are not part of the
ordinance.
Mike
From: Terry Thene [mailto:tthene@cityofstjoseph.com]
Sent: Monday, August 24, 2009 1:11 PM
To: Michael McDonald
Subject: RE: Banner Sign Permit.doc
Mike, I met with Charter in regards to College Ave and they will not lower their cable. They're already below the county
requirement of 18'. The banner cable on College is at 17'5" and will not meet the height requirement of 17' with the
bottom of the banner. The banner cable on Mn St. is 22'3" above the street level and would allow for the height
requirement. Xcel owns the poles with a possibility of joint ownership with other small utilities. I talked to Xcel and they
do not give permits for banners. I don't believe that Xcel will drive to the City of St.loseph looking for violations either. I
will talk to Judy on this with concerns about legalities and City liability. I will refer to her guidance on how to proceed
Terry Thene
Public Works Director
City of St. Joseph
o - 320-229-1579
f - 320-363-0342
tthene@cityofstioseph.com
www.cityofstioseph.com
From: Michael McDonald [mailto:mmmcdonald@charter.net]
Sent: Monday, August 24, 2009 11:50 AM
To: Terry Thene
Cc: 'Mary Degiovanni'; 'Niedenfuer, Mary'
Subject: FW: Banner Sign Permit.doc
Terry,
Can you tell me who owns the anchor poles for the approved MN St location? Also can you tell me what the
approximate elevation is to the cable hardware that the banner will be hanging
from? I thought once the city found an approved location(s) every organization using it would not have to get an
approval from the company owning the anchor poles.
Mike
From: Judy Weyrens [mailto:jweyrens@cityofstjoseph.com]
Sent: Monday, August 24, 2009 10:57 AM
To: Michael McDonald
Subject: Banner Sign Permit.doc
Mike-
Judy Weyrens
From: Michael McDonald [mmmcdonald@charter.net]
Sent: Tuesday, August 25, 2009 10:54 AM
To: Judy Weyrens
Cc: Terry Thene
Subject: RE: Banner Sign Permit.doc
I see what you are saying Judy but my main point is that the city's application form should not be asking for
requirements outside the scope of the ordinance. I cannot speak for Millstream but
I'd be shocked if we had the nerve to hang the banner if the city turned down our application but we likely would hang
the banner without asking the anchor pole owner's permission (possibly
similar as to how the city handles its Christmas decorations).
What I am asking is that question regarding permission from the pole owners be removed from the form. Because it is
not a requirement of the ordinance, there is really no justification for
it being there. As an alternative (but not a very good one) leave it on there and Millstream will just not put acheck-mark
by it. That puts the risk back on the requesting organization and away
from the city. Our application will meet all of the rules in our current ordinance and it takes the city out of the position
of enforcing what might be a rule from the anchor pole owners. I am not
sure why the city would want to take on that role in the first place.
Give us your thoughts. The best course of action is likely to not order the sign but drop off our application and wait to
see what the Planning Commission does with it. They will be the ultimate
deciding authority.
Thanks again,
Mike
From: Judy Weyrens [mailto:jweyrens@cityofstjoseph.com]
Sent: Tuesday, August 25, 2009 10:13 AM
To: Michael McDonald
Cc: Terry Thene
Subject: RE: Banner Sign Permit.doc
Mike - what we are talking about internally is what happens if the City does not permit the sign, but you (Millstream
Arts) hang the banner at your discretion. Xcel has told Terry that while they do not condone the banner, it is unlikely
that they would drive to St. Joseph and see it. No one at the City has a problem with the banner, but we cannot permit
something we don't own. It is unfortunate that we cannot find a location to place an anchor pole. I agree that the sign
has to be either on College between MN and CR 75 and Minnesota between College and 2"d Avenue NW.
From: Michael McDonald [mailto:mmmcdonald@charter.net]
Sent: Tuesday, August 25, 2009 9:47 AM
To: Judy Weyrens
Subject: RE: Banner Sign Permit.doc
No hole in one forme (not even a hole in three).
Does the city have written permission from the various utility companies to hang all of their Xmas decorations or
specifically the cross-street one? Since having permission from the
anchor pole owners is not part of the ordinance what would happen if we just not check that particular box on the
application? We are in the final process of getting bids and the
cost will likely be in the $1,000 range. We don't want to be spending that kind of money if this will be turned down nor
do we think that we have enough time to get permission
from the various anchor pole owners. I get the feeling that the city does not even have that in writing but it is more of
closed eyes type deal with the owners. To me the best
way to attack this is to submit our application before we actually order the banner to see how the Planning Commission
handles it. That way we risk only losing a $25 application
fee (or will the city give that back if it is turned down).
I am not sure what other alternatives the city is thinking about regarding the placement of new anchor poles. Unless the
poles are located in a high traffic area they would not
meet the purpose of placing the banners. I just got out of another Millstream Arts meeting and the group is excited
about the prospect of having a banner that hopefully will
bring more people to our community.
Thanks,
Mike
From: Judy Weyrens lmailto:jweyrens@cityofstjoseph.com]
Sent: Tuesday, August 25, 2009 8:55 AM
To: Michael McDonald
Cc: Terry Thene
Subject: RE: Banner Sign Permit.doc
Good Morning Mike -
I take it you did not get a hole in one yesterday. If the City owned the anchor poles this would not be necessary. When
the Ordinance was adopted we were going to see if the City could install an anchor pole that could be used for such.
Terry has looked along College Avenue and Minnesota Street and does not believe there is room to place another pole in
an area that would work. We continue to look at alternatives.
Judy
From: Michael McDonald [mailto:mmmcdonald@charter.net]
Sent: Monday, August 24, 2009 8:10 PM
To: Terry Thene
Cc: Judy Weyrens
Subject: RE: Banner Sign Permit.doc
Thanks Terry. I just got home. Sounds like we will have to scratch the College Ave location (and I can live with that).
I am including Judy on this message as well Terry.
Judy.....The banner ordinance that was passed does not include any requirements that the organizations seek
permission from the anchor pole owners. I would expect that is something that should
be between the organizations hanging the banners and the pole owners. As far as liability is concerned with the city,
our insurance policy(s) will make sure the city is covered at least to the extent of
what is asked for in the ordinance. Hopefully the city will not ask for additional requirements that are not part of the
ordinance.
Mike
From: Terry Thene [mailto:tthene@cityofstjoseph.com]
Sent: Monday, August 24, 2009 1:11 PM
To: Michael McDonald
Subject: RE: Banner Sign Permit.doc
Mike, I met with Charter in regards to College Ave and they will not lower their cable. They're already below the county
requirement of 18'. The banner cable on College is at 17'5" and will not meet the height requirement of 17' with the
bottom of the banner. The banner cable on Mn St. is 22'3" above the street level and would allow for the height
requirement. Xcel owns the poles with a possibility of joint ownership with other small utilities. I talked to Xcel and they
do not give permits for banners. I don't believe that Xcel will drive to the City of St. Joseph looking for violations either. I
will talk to Judy on this with concerns about legalities and City liability. I will refer to her guidance on how to proceed
Terry Thene
Public Works Director
City of St. Joseph
o - 320-229-1579
f - 320-363-0342
tthene@cityofstjoseph.com
www.cityofstjoseph.com
From: Michael McDonald [mailto:mmmcdonald@charter.net]
Sent: Monday, August 24, 2009 11:50 AM
To: Terry Thene
Cc: 'Mary Degiovanni'; 'Niedenfuer, Mary'
Subject: FW: Banner Sign Permit.doc
Terry,
Can you tell me who owns the anchor poles for the approved MN St location? Also can you tell me what the
approximate elevation is to the cable hardware that the banner will be hanging
from? I thought once the city found an approved location(s) every organization using it would not have to get an
approval from the company owning the anchor poles.
Mike
From: Judy Weyrens [mailto:jweyrens@cityofstjoseph.com]
Sent: Monday, August 24, 2009 10:57 AM
To: Michael McDonald
Subject: Banner Sign Permit.doc
Mike-
I was just about finished when you rang. Hope you have a good time at the Golf Tournament and have a better putting
day than Tiger Woods last Sunday.
Judy
emo
Ra j kows ki Ha nsmeier :;®~0@g o. Attorneys at law practicing in MinnesoTa, North Dakota, South Dakota and Wisconsin.
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rovktf odeardirection o ®e•
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1 i 7th Avenue North
P.C>. Box 1433
SL Cloud, MN 56302
320.251.7 O55
800.445.9617 toll-free
320251.5896 fax
www.raJhan.com
Thomas G. Jovanovich
tjovanovichCa~raihan.com
August 31, 2009
Judy Weyrens
City Administrator
P.O. Box 668
St. Joseph, MN 56374
RE: Banner Ordinance
Our File No. 28191
Dear Judy:
You have asked for an opinion as to whether the City should issue abanner/sign
permit to allow Millstream Arts Festival to hang a banner across the right of way
of Minnesota Street. This opinion is based on the following facts. If the facts are
in error or change, the opinion will likely change.
FACTS
During 2009, the City of St. Joseph passed an arnendnnent to the sign ordinance
allowing banners in two specific locations to promote local community events
only. The banners are to be allowed only on specifically authorized sites
determined by the City.
The site spanning Minnesota Street contains a post on one side of the street owned
by Xcel Energy and property on the other side of the street owned by the Parish of
St. Joseph. As of this date, there is no easement or written permission obtained by
the City for purposes of using either of these sites as posts to anchor the banner.
The Millstream Arts Festival has filled out an application to hang a banner to
promote their arts festival. The City has requested that the Millstream Arts
Festival obtain written permission from Xcel and the Parish of St. Joseph to allow
such a use. Apparently, Millstream Arts Festival does not believe it is necessary
to obtain such permission.
ISSUE
Whether the City should approve the application for a bannex to be hung by
the Millstream Arts Festival across Minnesota Street without obtaining written
permission from the property owners which own property at the site where the
post is located to hold the banner.
..~
Rajkowski Hansmeier :o;;:
providing a clear dtecTion N •~•
r~':i~' •
Judy Weyrens
August 31, 2009
Page 2
ANSWER
The City should not issue any permit for a banner across Minnesota Street.until there is written
permission or a written lease or easement agreement allowing such use from the property
owners.
D)<SCUSSION
When this office initially looked into the issue as to whether a banner across Minnesota Street
was legal for the limited purpose of allowing banners for promoting community events, this
office prepared a legal memorandum dated Apri129, 2009. In that memorandum, we pointed
out that the City would likely place the poles to secure the banners upon private property of City
residents.. We also indicated -that if private property is used, the City should either acquire the
private property or obtain an easement or Iease agreement allowing the use of the property and
poles to hang the banner.
Tlie City should not issue a banner permit unless the City or the applicant obtains written
permission to use the property for purposes of hanging the banner. If the City goes ahead
and issues a permit for use of the property without written permission or an easement, the
City maybe liable for trespass from the property owner for allowing and permitting such a
use. Accordingly, the permit should not be issued until there is some written authorization to
use the poles as a banner from both of the property owners involved.
If you have any further questions, please advise.
Sincerely,
RAJKOWS
By
Th mas G.
LTD.
TGJ/bjm