HomeMy WebLinkAbout[05a] Request to Remove Sign
Council Agenda Item 5a
MEETING DATE:
January 5, 2015
AGENDA ITEM:
Request to Remove Sign
SUBMITTED BY:
Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION:
The City received a request from the Attorney for Mike Deutz
giving the City 30 days to remove the Welcome to St. Joseph Sign on his property located on Old
Highway 52. The Sign was constructed and paid for by the St. Joseph Lions or members thereof. The
City agreed to complete maintenance and pay for the electricity, but the records do not indicate that the
sign was accepted by the City. The City Attorney has recommended that since the City does not have
ownership that this matter should be forwarded to the St. Joseph Lions. (See attached email)
BUDGET/FISCAL IMPACT:
ATTACHMENTS:
Request for Council Action
City Attorney Correspondence
REQUESTED COUNCIL ACTION:
Provide direction for staff as to how to proceed.
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I J RINKE NOONAN
attorneys at law
December 17,2014 Direct Dial:320-257-3868
Aripple@RinkeNoonan.com
City of St. Joseph
do Judy Weyrens
25 North College Avenue
P.O. Box 668
St. Joseph,MN 56374
Re: Notice to Remove City Sign from Private Property
Our File No. 21854-0003
Dear Ms. Weyrens:
As you know, our office represents Deutz Housing, LLC,which owns real estate identified as tax
parcel #84.53725.0005 (the"Property")within the City of St. Joseph. A"Welcome to St.
Joseph" sign is located on the Property as shown in the enclosed photo. It is my understanding
that this sign is owned and maintained by the City of St. Joseph.
This letter is formal notice that Deutz Housing, LLC hereby revokes the permission it previously
granted to the City to maintain the sign on the Property. The sign and all related landscaping
must be removed from the Property,and the Property restored to its original condition,within 30
days.
•
Sincerel ,
•
_ 4 , /
Adam A. Ripple
AAR/mjr
Enclosure
cc: Mike Deutz(via email)
ria _, 5:
Suite 300 US Bank Plaza
1015 W.St.Germain St. CIIY (19219901 Letter City of St.Joseph(notice to remove sign).docx
4. 12/3!2014 1:07 PM
PO.Box 1497
St.Cloud,MN 56302
320 251.6700
www.rinkenoonan.com
Judy Weyrens
From: Thomas Jovanovich <Thomas.Jovanovich@jkalawfirm.com>
Sent: Monday, December 29, 2014 1:45 PM
To: Judy Weyrens
Cc: Brenda Wolbeck
Subject: FW: Deutz request to remove sign
Attachments: 2014 Deutz Request to Remove Sign.pdf
Judy,
This email is in response to your email below and the letter from attorney Ripple asking that the City remove the
Welcome to St.Joseph sign located on the Deutz Housing, LLC property. I have also reviewed the meeting minutes
which you sent to be referring to the initial construction of the signs.
Based on the above documents, I am unable to determine whether the City actually owns the sign that is referred to in
the letter from attorney Ripple. Based on the meeting minutes from 1995 and 1996, it appears that the City only agreed
to maintain the landscaping around the sign and pay for the electricity. There is no clear evidence that the sign was
given to the City and the City then accepted the sign as required by M.S. Section 465.03.
The relevant portion of the minutes are as follows:
November 16, 1995 : MAYOR REPORTS- "Greg Reinhart and Mark Zimmer are working with the area organizations to
erect three Welcome to St.Joseph signs. The proposal calls for city maintenance of landscape and lighting for the
signs. Hiemenz made a motion supporting the proposal; seconded by Rieke." Passed 5-0.
December 7, 1995: MAYOR REPORTS—"Entrance Sign: Reber presented sketches of the proposed entrance signs
welcoming people to St.Joseph. The Lions are working on funding to construct three signs at a total cost of$18,000 to
$20,000. Reber stated he will continue to update the Council on this matter."
March 7, 1996: MAYOR REPORTS—"Welcome Sign: The Convent&College of St. Benedict is requesting the City
present a written proposal to place a welcome sign on their property located on the western edge of St.Joseph. The St.
Joseph Lions wish to begin construction of the first sign Spring 1996."
October 17, 1996: "Hiemenz made a motion to approve the installation of a "Welcome to St.Joseph" sign,donated by
the St.Joseph Lions Club,on property adjacent to the western edge of Old Highway 52; seconded by Mayor
Reber." Passed 5—0.
The minutes reflect that the City agreed to maintain the landscaping, pay for electricity, and approved the
installation. It is not clear who the owner is. There is no resolution in the minutes specifically accepting the sign as
being owned by the City. Did the City negotiate with Deutz at the time the sign was erected by the Lions Club or did the
negotiations take place between Deutz and the Lions Club with respect to the use of his property? Was there any
agreement with Deutz as to who would be responsible for taking down the sign? The answers to those questions may
be helpful in coming to some resolution.
The City may want to send a letter to attorney Ripple informing him that the City only agreed to maintain the sign and
pay for electricity and that the request to remove the sign should be forwarded to the Lion's Club.
If you have any additional questions, please advise.
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