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HomeMy WebLinkAbout07.06.21 www.cityofstjoseph.com St. Joseph City Council July 6, 2021 6:00 PM **The City Council meeting will be conducted in-person in the council chambers of the St. Joseph Government Center. Members of the public can attend in-person or via Zoom. Zoom attendees wanting to speak during item 2. Public Comments, contact City Clerk Kayla Klein (320) 229-9421, kklein@cityofstjoseph.com by noon on the day of the meeting. This will ensure that you will be heard at the appropriate time during the meeting.** Join Zoom Meeting https://zoom.us/j/97386230348?pwd=bkcwaytrRFFqaWdnWFhVMG9pdEo0Zz09 Meeting ID: 973 8623 0348 Passcode: 115578 One tap mobile +13126266799,,97386230348#,,,,*115578# US (Chicago) +19292056099,,97386230348#,,,,*115578# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) 1. 6:00 PM Call to order - Pledge of Allegiance 2. Public Comments Up to 3 speakers will be allowed for up to 3 minutes each to address the council with questions/concerns/comments (regarding an item NOT on the agenda). No Council response or action will be given/taken other than possible referral to Administration. 3. Approve Agenda 4. Police Officer Swearing in – Alexander Lyon 5. Consent Agenda a. Minutes – Requested Action: Approve the minutes of June 7, 2021, June 21, 2021, and June 22, 2021. b. Bills Payable – Requested Action: Approve check numbers 057860-057902, Payroll EFT 112098-112104, Regular Pay Period 13, 13.01. c. Public Works Director – Requested Action: Approve Ryan Wensmann as Public Works Director starting at Grade 14, Step 2, $75,961.70 annually on the wage scale. d. Community Center Fundraising RFP Extension – Requested Action: Extend the RFP deadline until July 28, 2021. e. Seal Coat – Requested Action: Approve Bertram Asphalt quote for 2021 seal coating. nd f. Mortgage Satisfaction – Requested Action: Approve the Mortgage Satisfaction for 20 2 Ave SE, St. Joseph, MN 56374. 6. Public Hearing, Outdoor Event - Rocktoberfest 7. Street Closure Requests – Sal’s Bar 8. Community Center Architect Recommendation 9. Ordinance Amendments a. Outdoor Dining 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342 www.cityofstjoseph.com b. Sign Discussion 10. Engineer Reports 11. Winter Parking Regulations 12. City Council Resignation 13. Mayor Reports 14. Adjourn 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342 June 7, 2021 Page 1 of 3 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Monday, June 7, 2021, at 6:00 PM in the St. Joseph Government Center. Members Present:Mayor Rick Schultz.CouncilorsBob Loso, Brian Theisen, Kevin Kluesner, Kelly Beniek City Representatives Present:Administrator Therese Haffner,City Clerk Kayla Klein, Finance Director Lori Bartlett, Community Development Director Nate Keller, Public Works Superintendent Ryan Wensmann, Police Chief Dwight Pfannenstein, City Engineer Randy Sabart, City Attorney Susan Dege Approve Agenda: Theisen made a motion to approve the agenda; seconded by Kluesner and passed unanimously. Consent Agenda: Schultz made a motion to approve consent agenda; seconded by Kluesner and passed unanimously. a.Minutes –Requested Action:Approve the minutes of May 17, 2021. b.Bills Payable –Requested Action: Approvecheck numbers 057751-057815, Accounts Payables EFT #1987-1989, Payroll EFT 112077-112090, Regular Pay Period 10, 11, 11.01 and Council Pay Period 6. c.Bad Habit Brewing Lease Extension – Requested Action:Extend the current lease for the former fire hall until July 31, 2021. d. Liquor License Renewals – Requested Action:Approve the 2021-2022 On/Of Sale Intoxicating, Wine/Strong Beer, Special Sunday, Brewer Taproom, Brewer Off-Sale, and Sunday Growler Off- Sale licenses. e. State Bonding Request – Requested Action: Approve Resolution 2021-031 Requesting State Bonding Funds. f. CVB Strategic Plan – Requested Action: Approve the CVB strategic plan. g. Transfers – Requested Action: Approve the transfers as presented. Public Hearing – MS4 Annual Report: The National Pollution Discharge Elimination System (NPDES) Phase II Program is a federally mandated program established by the Environmental Protection Agency (EPA) to implement and maintain stormwater management activities through a permitting mechanism. The permit requires the City to incorporate six minimum control measures into a storm water pollution prevention plan (SWPPP). The City is required to submit to the Minnesota Pollution Control Agency (MPCA) an annual report of those activities implemented as outlined in the City’s SWPPP. The City is also required to have public comment to gain input on the MS4 report. Schultz opened the public hearing. As no one present wished to speak, Schultz closed the public hearing. Public Assessment Hearing, 2021 Street & Utility Improvements:The special assessment hearing gives property owners an opportunity to object to the assessments on their properties as well as speak during the hearing. Property owners received notification of the proposed final assessment and an estimated amortization schedule. If the assessment roll is adopted, property owners will have 30 days to prepay all or any part of their assessment interest free. Bill Zidon, SEH explained the process for how the assessments were calculated, the City’s assessment policy, and how property owners are able to pay for their assessment. Schultz open the public hearing. Objections were submitted by the following property owners prior to the close of the public hearing: Nicole Storkamp 210 Jasmine LN; Lee & Jacqueline Hoyhtya 306 Jasmine LN; Mary Brutger 608 Jasmine LN; Rochelle LaRue 614 Jasmine LN; River Bats Stadium, LLC 84.53300.0288; petition of 23 other property owners. June 7, 2021 Page 2 of 3 th Jamie Thelen, St. Joseph Vista, 345 20Ave SE: Thelen does not object the assessments. As partof the development agreement, receipts will be submitted to the city for the installation of their driveway prior to the assessments being certified. Steven May, 211 MN ST W: May is concerned about the closure of the alley and how the city would continue to plow the alley. Tara Burke, 110 Ash St W: Burke asked if the alley to the west of their house be closed from Ash St W to the mid-point of the block. Loso explained there is a vacation process that would need to take place. The residents can pick up the application at City Hall and a public hearing would be required. If the vacation goes through, the property owners then take possession of that alley. An easement will still be preserved for the public utilities. Nicole Folkerts, 210 Jasmine LN: Folkerts submitted a petition objecting to the assessment with twenty- three signatures from affected property owners. Folkerts stated that people are hurting right now post- pandemic. Folkerts asked what would happen if the city were to not overlay the streets in Northland. Sabart responded that if the maintenance work were to be delayed, the street will deteriorate quicker and eventually a full reconstruct will be needed and the assessments will be higher at that time. Jacqueline Hoyhtya, 306 Jasmine LN: Hoyhtya found the presentation and discussion very helpful. She would like to have had more advanced notice of the improvements and of the assessment hearing. Craig Kern, 214 Jasmine LN: Kern called attention to the speeds on Jasmine LN and how people are driving fast and using it as a through street. Kern also noted that if streets are getting done then the city should be doing more to maintain the streets. Elaine Niehaus, 219 MN St W: Niehaus asked who she could contact to pave her driveway. Niehaus was not opposed to the project and assessment. Loso moved to adopt Resolution 2021-030 Adopting Final Assessment for the 2021 Street & Utility Improvement Project; seconded by Kluesner and passed unanimously. Street Closure Request, St. Joseph Lions: Schultz spoke on behalf of the St. Joseph Lions, requesting th the city waive all fees associated with holding the 4 of July parade. The total estimated cost without volunteers is $6,150.00. The total estimated cost with volunteers is $3,150.00. Discussions were had on where the money would come from as it is not budgeted for. It was ultimately decided to move forward with the parade contingent upon finding enough volunteers to cover the event. Theisen moved to approve the special event permit, county road closure application, and the waiving of fees contingent upon staff finding enough volunteers to cover the event; seconded by Kluesner. Aye: Kluesner, Theisen, Beniek Motion Carried: 3:1:1 Nay: Loso Abstain: Schultz Parklet Discussion: The parklet was approved by the city council as a pilot program. There have been mixed reviews and staff solicited input from the neighboring business owners. Aesthetically, the parklet is not what the city envisioned, but it is being utilized. Schultz moved to accept the parklet as a donation in order for the parklet to be covered by the City’s liability insurance; seconded by Kluesner. Aye: Kluesner, Theisen, Schultz, Beniek Motion Carried: 4:1 June 7, 2021 Page 3 of 3 Nay: Loso Mayor Reports: Schultz will be meeting with District 742 as well as CSB for any community ed programs as well as a pickle ball schedule to see if there can be a mutual partnership. Closed Session: Schultz moved to enter into closed session pursuant to MN Statute 13D.05, Subd. 3C(3), to consider a sale offer for an interest in real estate owned by Riverbats Stadium LLC, PID #84.53300.0288; seconded by Theisen and passed unanimously. Adjourn:Theisenmade a motion to adjourn at 8:15PM; seconded by Beniekand passed unanimously. Kayla Klein City Clerk June 21, 2021 Page 1 of 3 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Monday, June 21, 2021, at 6:00 PM in the St. Joseph Government Center. Members Present:Mayor Rick Schultz.CouncilorsBob Loso, Brian Theisen, Kevin Kluesner, Kelly Beniek City Representatives Present:Administrator Therese Haffner,City Clerk Kayla Klein, Finance Director Lori Bartlett, Public Works Superintendent Ryan Wensmann, Police Chief Dwight Pfannenstein, City Engineer Randy Sabart st Women of Today Proclamation:Women of Today was founded 72 years ago on July 1and thelocal chapter st has requested that July 1 be proclaimed Women of Today Founder’s Day in St. Joseph. Mayor Schultz st proclaimed July 1 as such in recognition of the organization. The Women of Today have over 1,300 members in sixty-six communities and encourage women eighteen and older to become involved in leadership, community service and fellowship. Public Comments: rd Tim Borresch, 11 3Ave NW was unable to make the meeting two weeks ago regarding the road improvements. He stated that he has spoken to a number of city staff and he has concerns regarding closing the alley down. He believes safety is a key issue. His primary concerns revolve around college aged students and parties being more challenging to police as well as the safety of the many young children who frequent the park nearby. nd Matt Loehlein, 32 2Ave SE, spoke of his traffic concerns in front of the schoolon Minnesota Streetwhere his children attend. He has seen vehicles pass on the shoulder when children are crossing the street and parents are taking their children to school. He mentioned he has almost been hit before. He encouraged the city to consider special signage or a special designation in this area to create further awareness of the safety concerns. Approve Agenda: Theisen made a motion to approve the agenda; seconded by Loso and passed unanimously. Consent Agenda: Theisen made a motion to approve consent agenda items a through j; seconded by Beniek and passed unanimously. a. Bills Payable –Requested Action: Approvecheck numbers 057816-057859, Payroll EFT # 112091-112097, Accounts Payables EFT # 1990-1991, and Pay Periods 12, 12.01. b. Treasurer’s Report – Requested Action: Approve the May 2021 Financial Reports as presented. c.Grant Application –Requested Action: AdoptResolution 2021-033 Accepting the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act. d.Transfer –Requested Action: Authorize the 2021 transfer as presented. e. Donations – Requested Action: Approve Resolution 2021-032 accepting donations. f. Seal Coating – Requested Action: Approve the quote provided by Midwest Asphalt for 2021 seal coating. g. Police Officer Resignation – Requested Action: Accept the resignation and authorize staff to advertise and hire a replacement. h.Assessment Correction, Northland Business Center –Requested Action: Adopt Resolution 2021- 034 Amending the Final Assessment Roll for the 2019 Industrial Park Improvements. i. Finance Technician Hire – Requested Action: Hire Kimberly Wenner-Roth as Finance Technician beginning at Grade 8, Step 5 on the wage scale. j. Police Officer Hire – Requested Action: Hire Alexander Lyon as a full-time Police Officer beginning at step 1 on the wage scale. k.Surveillance System –Requested Action: Approve Northland to install the required audio and video equipment as presented. l.Community Center Fundraising RFP Extension –Requested Action: Extend the RFP deadline until July 15, 2021. June 21, 2021 Page 2 of 3 Schultz asked for more background on item k. (Surveillance Systemand installation of audio and video equipment). Schultz asked if this was intended for all city buildings and what the bigger picture for the future was. Chief Dwight Pfannenstein explained that the city has identified certain buildings, parks and sites in the city that the Police Department has had concerns about. Some of these areas currently have cameras. The cameras are either not functioning properly or are limited in what they are able to record. The package would be one that could be expanded on and budgeted for in the future. Schultz commented that this was something the city has expressed interest in recent years. Schultz made a motion to approve consent agenda item k. Surveillance System; seconded by Loso. Motion passed unanimously. Request for Proposals – Portion of PID 84.53843.0005: An RFP was approved in April to accept proposals for the renovation and sale of the former Police Station and Fire Hall. Two proposals were received; one from Obbink Distilling Labs and one from Spring Hill Companies. The Evaluation Panel recommends moving forward with a Purchase Agreement between the City of St. Joseph and Spring Hill Companies. Loso did not feel the initial proposal addressed potential encroachment on other properties and parking issues. He was particularly concerned with any windows that would face any nearby residences. Haffner did agree that the proposal does include windows on the north side. Haffner did also remind the council that off-street parking is allowed downtown for customers and any employee parking could be accommodated if the council would be willing to consider a parking agreement; Haffner suggested that agreement include the adjacent alleyway. Loso did not feel that alleyway would be large enough. Beniek felt the staff recommendation for this potential business was the better fit. Schultz mentioned he had concerns with the process. He thought the EDA or city council should have participated in the panel. His feeling was their involvement would have addressed the concerns being discussed about parking. Schultz motioned to move forward tentatively with the purchase agreement provided that parking and accommodation of residential areas nearby are addressed. Beniek seconded. Motion passed unanimously. Women of Today Proclamation: Representatives of Women of Today arrived at the council chambers at st approximately 6:27 and were presented with the Proclamation of July 1asWomen of Today Founder’s Day in St. Joseph. Mayor Schultz presented them with the Proclamation and a photo was taken. Anita Smalley, from the local chapter of Women of Today, thanked the Mayor and the Council for the st Proclamation, shared some of their accomplishmentsand invited the council to celebrate on July 1 with them at Coborn’s for root beer floats. MN St W School Zone Discussion: Staff was approached by the principal of the St. Joseph Catholic School regarding concerns about the speed of vehicles on Minnesota Street. Sabart gave an overview and highlighted sections from State Statute that allow the city to establish a speed zone. This would involve traffic and engineering investigations as prescribed by the Commissioner of Transportation. The area has been one of concern for a number of years. Chief Pfannenstein acknowledged the challenges that the area faces and shared that police resources are limited. Council suggested a discussion between the city and the school to come up with solutions. It was also suggested that the school could implement the use of parents as crossing guards again. Mayor Schultz reminded the council that when District 742 asked to address these concerns a few years back, they contributed financially. Sabart agreed that the purpose was to raise awareness of this issue and present some options to the council. Engineer Reports: None June 21, 2021 Page 3 of 3 DepartmentHeadReports:The department heads presented their monthly reports. Mayor Reports: None Adjourn: Theisen made a motion to adjourn at 7:14 PM; seconded by Beniek and passed unanimously. Kayla Klein City Clerk June 22, 2021 Page 1 of 1 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in a workshop setting at 5:30 PM on Tuesday, June 22, 2021, in the St. Joseph Government Center. Members Present:Mayor Rick Schultz.CouncilorsBrian Theisen, Bob Loso, Kelly Beniek, Kevin Kluesner City Representatives Present:Administrator Therese Haffner,City Clerk Kayla Klein, Finance Director Lori Bartlett, Public Works Superintendent Ryan Wensmann, Police Chief Dwight Pfannenstein, City Engineer Randy Sabart, City Attorney Susan Dege Community Center: Greg Gack with the St. Cloud Area YMCA was present to discuss a potential partnership between the City and the YMCA for a portion of the community center. Beltway Presentation – SRF Consulting Group: Molly Stewart presented a high-level understanding of the Southwest Beltline Corridor Study. For more than 30 years, the corridor in the southwest portion of the St. Cloud Metropolitan Area has been a key transportation topic within the region. It was identified as a priority in the St. Cloud Area Planning Organization Mapping 2045 document completed in 2019. The study will look to identify the purpose, need, and benefits of the corrido, evaluate potential alignment, cross-section, and traffic control needs, and building support and policies to set the state for future implementation. There will be future community engagement opportunities as the study progresses. APO Speed Limit in Residential Districts: Sabart discussed the conversations that have been happening regarding speed on residential streets in the St. Cloud Metropolitan Area. The cities of Minneapolis, St. Paul, and Rochester have implemented a reduction in speed to 20mph on residential streets. Ideally, with the six are cities if a reduction were to be approved, it would be consistent across the region. Alley Discussion:The southern portion of the alley in block 7 is proposing to be closed as part of the 2021 street improvement project. The correct process would be for the city to go through the vacation process which would then turn over one side of the alley to the property owner on the west and one side of the alley to the property owner on the east. The city would still maintain a utility easement in the alley. Additionally, a resident living next to the northern portion of the alley on block 8 wanted the northern portion of the alley to be closed. The two abutting property owners would need to petition to the city to vacate that portion of the alley. The property owner has the vacation application, but nothing has been submitted at this time. 2022 Budget: Bartlett walked through two portions of the 2022 budget: staffing and the capital equipment purchases. The organization structure for the Public Works Department was discussed and a formal recommendation will be brought to a regular City Council meeting for approval. Adjourn: The work session was adjourned at 7:52 PM. Kayla Klein City Clerk Council Agenda Item 4b MEETING DATE:July 6, 2021 AGENDA ITEM: Bills Payable SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: See below BACKGROUND INFORMATION: The council approved staff to make the following payments through the payroll contracts, regular monthly invoices with due dates prior to the next scheduled council meeting, or actions taken at previous council meetings. The information here is to provide you all checks and electronic payments made for verification of the disbursement completeness. BUDGET/FISCAL IMPACT: Bills Payable – Checks Mailed Prior to Council Approval Reg PP 13,13.01 $49,193.05 Payroll EFT #112098-112104 $50,311.14 Check Numbers 057860-57881 $65,647.52 Total $165,151.71 Bills Payable – Checks Awaiting Council Approval Check Numbers 057882-057902 $80,395.68 Total $80,395,68 Total Budget/Fiscal Impact: $245,547.39 Various Funds ATTACHMENTS: Request for Council Action – Bills Payable Bills Payable – Checks Mailed Prior to Council Approval REQUESTED COUNCIL ACTION: Approve the bills payables as presented. CITYOFSTJOSEPH EFTs&PayrollPaidPriorToCouncilApproval Check#DateSearchNameCommentsAmountFUNDDEPARTOBJ ACHPAYROLLREGPP13,13.01$49,193.05 11209830Jun21SENTRYBANKHSAw/hregpp13$19,625.0010121715 11209930Jun21EFTPSFederalw/hregpp13/13.1$5,834.0510121701 11209930Jun21EFTPSFICAw/hregpp13/13.1$7,202.2410121703 11210030Jun21COMMISSIONEROFREVENUEStatew/hregpp13/13.1$2,806.8310121702 11210130Jun21PERAPERAw/hregpp13$12,959.2810121704 11210230Jun21VOYAFINANCIALdeferredcompregpp13$1,575.0010121705 11210330Jun21AMERICANFUNDS529regpp13$150.0010121705 11210430Jun21MINNESOTACHILDSUPPORTCENTERregpp13$158.7410121714 EFTTotal$99,504.19 CITYOFSTJOSEPH BillsPayablePaidPriorToCouncilApproval Check#DateSearchNameCommentsAmountFUNDDEPARTOBJ 05786024Jun21CENTRACARECLINCurinalysis$28.2560149440300 05786024Jun21CENTRACARECLINCurinalysis$28.2560249450300 05786124Jun21CUTTERSLAWNSERVICEspringweedcontrol/fertilizing$767.0010141942300 05786124Jun21CUTTERSLAWNSERVICEspringweedcontrol/fertilizing$490.0010143120300 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05787724Jun21ST.CLOUDTIMESRes.21023summarypublicationfeescheduleamendment$82.2210141530340 Res.21025summarypublicationsiteplan&outdoor 05787724Jun21ST.CLOUDTIMES$89.3810141130340 patio/sidewalkcafes 05787724Jun21ST.CLOUDTIMESPHMS4permit$46.4265149900340 05787724Jun21ST.CLOUDTIMESPH21streetassessments$243.3241143120530 05787824Jun21ST.JOSEPHCHAMBEROFCOMMERCE12flowerbaskets$1,200.0010143120210 CITYOFSTJOSEPH BillsPayablePaidPriorToCouncilApproval Check#DateSearchNameCommentsAmountFUNDDEPARTOBJ 05787924Jun21STREICHERS,INCvestMilostan$1,227.0010142120171 05788024Jun21VIKINGINDUSTRIALCENTER,INCsafetyglasses,earmuffs$122.7210145202212 05788124Jun21WRUCKSEWER&PORTABLERENTALportabletoilets$244.0020545203410 $65,647.52 Total Bills Payable - Mailed Prior to Council Approval CITYOFSTJOSEPH BillsPayableChecksNotMailedAwaitingCouncilApproval Check#DateSearchNameCommentsAmountFUNDDEPARTOBJ 05788230Jun21AFSCMECOUNCIL65unionduesJuly$526.5010121707 05788330Jun21BRUNOPRESSJulyCVBsocialmedia$750.0022046500300 05788430Jun21CITYOFST.CLOUDsewerrentalcharges,May$20,830.2960249480419 05788430Jun21CITYOFST.CLOUD13bonds$4,545.8360249480418 05788430Jun21CITYOFST.CLOUDRUEPFALoan$23,190.5960249480418 05788430Jun21CITYOFST.CLOUDMainPFALoan$4,403.7360249480418 05788430Jun21CITYOFST.CLOUDNR2PFALoan$8,322.9060249480418 05788430Jun21CITYOFST.CLOUD2021RSVP$6,000.0010141110433 05788530Jun21DESIGNELECTRIC,INCrepairbrokenpipe&slicedpoleMNStreetscape$377.5665243160220 05788630Jun21DVSRENEWALtitleunmarkedsquad$11.0010142152446 05788730Jun21FLAHERTY&HOOD,P.A.Aprillabor&employmentconsultation$171.2510141610304 05788830Jun21GALLSINCshortsleevearmorskinChief$99.9810142120171 05788830Jun21GALLSINCpants,hemDanPfannenstein$71.4010142120171 05788830Jun21GALLSINCdutyradiotacoBrutger$49.0010142120171 LAWENFORCEMENTLABOR 05788930Jun21unionduesJuly$508.0010121707 SERVICES MARTINMARIETTAMATERIALS, 05789030Jun21class244.28ton$509.2310143120210 INC MARTINMARIETTAMATERIALS, 05789030Jun21class244.4ton$510.6110143120210 INC 05789130Jun21MIDCENTRALDOORCOMPANYdoorrepair$792.5310145202220 MINNESOTAPAVING& 05789230Jun21coldmix3.15ton$393.7510143120220 MATERIALS 05789330Jun21MVTLLABORATORIES,INCwastewatertesting$126.5060249480312 05789430Jun21POWERHOUSEOUTDOOREQUIPbalanceBroadmoortractorSchneiderField$1,200.0010145125580 05789530Jun21RIDGEWOODCONTRACTING,LLCJunecompost$2,745.0060343230300 05789630Jun21SCHMITZ,MATHditchmowingJune$402.0010143120300 STEARNSCOUNTYAUDITOR 05789730Jun21forfeitureCty/MNshareICR20800249,20802431$1,446.601014212035106 TREASUR 05789830Jun21STREICHERS,INCvestcarrier,patches,nametagMilostan$225.9810142120171 05789830Jun21STREICHERS,INCvest,vestcarriers,traumaplateWalz$1,437.0010142120171 05789930Jun21THEHARTFORDJulylifeins$166.2510121711 05790030Jun21THEISEN,CAROLreimbparkrental12521$100.001014520234780 05790130Jun21TIREMAXXSERVICECENTERStirerepair2018Fordsquad$29.9510142152230 05790230Jun21ZEPMANUFACTURING,INCsoap,ringmaster,toilettissue,cleaner$226.1310145202210 05790230Jun21ZEPMANUFACTURING,INCsoap,ringmaster,toilettissue,cleaner$226.1210141942210 $80,395.68 Total Bills Payables - Waiting Council Approval Summary: EFTs&Payroll99,504.19 BillsPaidPriortoCouncil65,647.52 80,395.68 BillsWaitingforCouncil 245,547.39 TotalBillsPayable Council Agenda Item MEETING DATE: July 6, 2021 AGENDA ITEM: Public Works Director Position SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The City Council discussed budget and staffing at their work session on June 22, 2021, including promoting Public Works Superintendent Ryan Wensmann to Public Works Director. Council directed staff to bring forward at their next City Council meeting. BACKGROUND INFORMATION: Ryan Wensmann has been managing the Public Works Department since last October and took on the director duties after the retirement of the Public Works Director. BUDGET/FISCAL IMPACT: Wage and Benefits budgeted for 2021 ATTACHMENTS: N/A REQUESTED COUNCIL ACTION: Approve Ryan Wensmann as Public Works Director starting at Grade 14, Step 2, $75,961.70 annually on the wage scale. Council Agenda Item 4 MEETING DATE: July 6, 2021 AGENDA ITEM: Request for Proposal (RFP) – Fundraising Consultant Community Center SUBMITTED BY: Administration STAFF RECOMMENDATION: Approve extending the RFP deadline at their last meeting on March 18, 2021, the Community Center Committee discussed and recommended soliciting a fundraising consultant. PREVIOUS COUNCIL ACTION: On May 17, 2021 the City Council approved and released the RFP. moving forward with the RFP process for a fundraising consultant for the community center project. BACKGROUND INFORMATION: Proposals for a fundraising consultant were due on June 15, 2021 after being open for a month. The City has received two proposals. Staff recommends extending the deadline in an effort to receive additional proposals. Staff would re-post on the League of MN Cities website but expand advertising by sending a mass email to fundraising consultants and posting on the MN Chapter of the American Planning Association’s website. BUDGET/FISCAL IMPACT: ATTACHMENTS: REQUESTED COUNCIL ACTION: Motion to Approve extending the RFP until July 28, 2021. Council Agenda Item 4e MEETING DATE: July 6, 2021 AGENDA ITEM: Seal Coat SUBMITTED BY: Public Works BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: Every year the city conducts street maintenance per our approved 2019 maintenance plan. I have attained price quotes for Seal Coating based on this year’s schedule and I make the recommendation of approving Bertram Asphalt Company contingent they can complete the work by the end of September 2021. BUDGET/FISCAL IMPACT: $33,000+ ATTACHMENTS: Price quotes for Astech, Bertram Asphalt REQUESTED COUNCIL ACTION: Approve Bertram Asphalt quote for seal coating. Council Agenda Item 4f MEETING DATE: July 6, 2021 AGENDA ITEM: Mortgage Satisfaction SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: Council accepted MN Small Cities Housing Rehab grant from DEED and contracted with Central MN Housing Partnership to administer the grant. BACKGROUND INFORMATION: The 2013 housing grant award was completed in 2016. One of the homeowners paid their forgivable loan and requires a Satisfaction of Mortgage to be recorded. Upon council approval, staff will forward the agreement. BUDGET/FISCAL IMPACT: none ATTACHMENTS: Request for Council Action – Mortgage Satisfaction Mortgage Satisfactions nd REQUESTED COUNCIL ACTION: Consider approving the Mortgage Satisfaction for 20 2Ave SE, St. Joseph, MN. Council Agenda Item MEETING DATE: , 2021 Public Hearing, Outdoor Event - Rocktoberfest AGENDA ITEM: SUBMITTED BY: Administration BACKGROUND INFORMATION: Staff received a Special Event Application from the St. Joseph th Booster Club to host Rocktoberfest. The event is scheduled for Saturday, September 25. A public hearing is required because the music for the event runs past 9:30 PM. Notices have been sent to neighboring property owners and the hearing notice was published in the newspaper. The application has been reviewed by all department and the following comments were provided: Police Department - BUDGET/FISCAL IMPACT: NA ATTACHMENTS: Application Hearing Notice REQUESTED COUNCIL ACTION: Consider approval of Rocktoberfest to be held on Saturday, th September 25with music from 4:00 PM – Midnight. City of St. Joseph Public Hearing Outdoor Special Event The St. Joseph City Council shall conduct a public hearing on July 6, 2021, at 6:00 PM or shortly thereafter at the St. Joseph Government Center. The purpose of the hearing is to consider issuance of an outdoor special event for the St. Joseph Booster Club on September 25, 2021 at 32 Minnesota St W. All persons wishing to be heard will be heard with oral testimony limited to five minutes. Written testimony may be submitted to the City Administrator, City of St. Joseph, 75 Callaway St E, St. Joseph, MN 56374. Therese Haffner Administrator Council Agenda Item MEETING DATE: July 6, 2021 AGENDA ITEM: Street Closure Request – Sal’s Bar SUBMITTED BY: Administration BACKGROUND INFORMATION: Staff received two Special Event Permit Applications from Sals th Bar for events to be held on Saturday, September 11, 2021, and Saturday, October 2, 2021. The music for these events will be from 6:00 PM – 9:30 PM. and the applicant has provided a site The alley is requesting to be closed from plan as part of their application. Staff has reviewed the application and the following comments were provided: Public Works: Alley must be cleaned by the following morning Police Department: BUDGET/FISCAL IMPACT: NA ATTACHMENTS: Application REQUESTED COUNCIL ACTION: Consider approval of the street closure requests submitted by th Sal’s Bar for events to be held on September 11, 2021, and October 2, 2021. CouncilAgenda Item 8 MEETING DATE:July 7, 2021 AGENDA ITEM: Architectural Services – Design of Community Center SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: At their last meeting on June 23, 2021, the Community Center Committee discussed the architect presentations, and proposals and recommends the City Council approve HGA as the architect. PREVIOUS COUNCIL ACTION: The City Council and Community Center Committee held a joint meeting on June 16, 2021 where the top four architectural firms presented. BACKGROUND INFORMATION: The City released a Request for Proposal (RFP) in April for an architectural firm to provide design services for the development of a new community center and received 18 proposals. The RFP process included an Evaluation Panel (City Council, Administrator, and Finance Director) who reviewed proposals based on predetermined evaluation criteria that was established in the RFP document and narrowed down the proposals to the top four firms who presented to the City Council and Community Center Committee in a joint meeting. In no particular order, the “short list” of firms chosen to present were as follows: GLT Architects and Barker Rinker Seacat (BRS) Architecture HMA Architects JLG Architects HGA Following the joint meeting, the Community Center Committee met to discuss. Their recommended architect is HGA with HMA being their second choice. The following summarizes their comments on HGA. Impressed with projects they have done to fit communities. Seems to think out of the box Concepts around operations to save money Average fees comparable Had pictures of St. Joseph that I have not seen that centered around the rec activities in the community. One architect hand drawn city scape that day – shows committed to wanting to know more about St. Joseph Experienced in designing community centers Has full team Showed site and connections to neighborhood and downtown Emphasis on community engagement Designs with sustainability in mind Experienced in B3 Construction BUDGET/FISCAL IMPACT: TBD REQUESTED COUNCIL ACTION: Motion to Approve HGA contingent on an approved contract by the City Council. Council Agenda Item 9a th MEETING DATE: July 6, 2021 AGENDA ITEM: Ordinance Amendment, Outdoor Dining SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Planning Commission conducted th a public hearing and recommended approval of the proposed ordinance amendments at their June 14 meeting. PREVIOUS COUNCIL ACTION: Council approved revisions to Outdoor patios and sidewalk cafes rd May 3. BACKGROUND INFORMATION: The ordinance amendment involves one proposed revisionto 502.22 Subd.3 Section F. The revision would eliminate size limitations associated with outdoor patios. Current ordinance limits patios to 49% of the size of the principal restaurant square footage. The revision will align more closely with existing patio sizes, potential expansions, and future properties that while undeveloped may be conducive to larger patio spaces. Overall impervious surface limits would still need to be adhered to and those limits are set by the zoning district which it resides in. BUDGET/FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance doc #2021-010 2. Summary Publication Resolution 2021-035 REQUESTED COUNCIL ACTION: 1. Staff requests action (approve/deny/table) the proposed ordinance amendment for section 502.22. ORDINANCE 502.22 – ZONING ORDINANCE ORDINANCE NO______ AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH OUTDOOR PATIO AND SIDEWALK CAFE ORDINANCE CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA Purpose and Intent: The purpose of this ordinance amendment is to amend Ordinance 502.22 Amendment: Ordinance 502.22 are hearby amended as follows: Section 502.22: OUTDOOR PATIO AREAS AND SIDEWALK CAFÉS Subd. 1: Intent: The intent of this section of the zoning ordinance is to establish general standards for outdoor dining areas and sidewalk cafés. Subd. 2: Definitions: a)“Outdoor Patio” – an area designed to accommodate outdoor dining where beverages and/or food is served; that is subordinate to a permitted use on the same property. b)“Sidewalk Café” – an outdoor dining area located within the public right of way in front or adjoining a restaurant or other eating and drinking establishment. Subd. 3: Outdoor Patio Areas: Outdoor patio areas are permitted accessory uses in conjunction with a restaurant, coffee shop, or other eating and drinking facility provided a site plan is approved by the Zoning Administrator. The Zoning Administrator shall forward copies of application and site plan to the appropriate staff, and consultants for review and recommendation. The following requirements must be met: a)Application for site plan review shall be filed with the Zoning Administrator and shall be accompanied by the appropriate fee and the following submittal information: 1.Existing boundaries with lot dimension and lot area. 2.Existing buildings and structures. 3.Location, setback and dimensions on proposed patio, walkways and structures. 4.Location and type of all proposed lighting, including fixture details. 5.Landscaping plan, including landscaping material, location, type of plant and size. 6.Calculations for impervious surface. 7.Additional information determined necessary by the Zoning Administrator to ensure compliance with City Ordinance. 502.22- 1 ORDINANCE 502.22 – ZONING ORDINANCE b)Patrons must gain entrance to the outdoor patio area from within the main facility, however at least one exit must be provided for fire safety. c)If intoxicating liquor is intended to be served in the outdoor patio area, the standards of the St. Joseph Code of Ordinances as may be amended shall apply. f any forms of music, radio, television, and other entertainment, are proposed d)I within the outdoor patio area the entertainment shall adhere to applicable noise ordinances. e)The outdoor patio area shall be handicap accessible and not restrict accessibility in other areas inside or outside the restaurant or food establishment. f)The outdoor patio area is not limited in size and is considered a permitted accessory use shall be subordinate to the a principal restaurant coffee shop, or other eating/drinking establishment.and shall not exceed 49% in area of the square footage of the principal restaurant building. g)The design and finish of the outdoor patio area shall be compatible with the main structure in terms of scale (ancillary), color, architectural features, finish grade, materials and the like. a.Prohibited fencing and barrier materials include but is not limited to: chain link, chicken wire, snow fencing, untreated wood, fabric inserts. b.Prohibited materials for tables includes but is not limited to: plastic, glass table tops. Picnic tables are only allowed in the rear or side of the property unless the picnic tables are authorized by the city to be placed in the front. c.Prohibited materials for chairs includes but is not limited to: unfinished wood h)The outdoor patio area shall be a well-defined space and delineated by decorative bollards, planters or fencing. If a fence is proposed, a fencing plan shall be submitted for review and approval by the City. i)The outdoor patio area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors. j)The outdoor patio area shall be designed and serviced to prevent debris from blowing off the premises. The business and/or property owner shall be responsible to ensure that the area is properly maintained and litter-free. k)The outdoor patio area must conform to all fire and building codes related to the number and types of exits that are required and maximum structural occupancy limits. l)Outdoor patio areas shall only be used between the hours of 7 am and 10 pm. 502.22- 2 ORDINANCE 502.22 – ZONING ORDINANCE n)The parking regulations related to minimum required spaces as set forth in this chapter shall apply and compliance therewith shall be maintained. m)The maximum surface coverage requirements set forth in this chapter shall apply and compliance therewith shall be maintained. Subd. 4: Sidewalk Cafés: Sidewalk cafés are permitted accessory uses within the B-1 Central Business District in conjunction with a restaurant, coffee shop, or other eating and drinking facility provided a site plan specifying the area in which the café will be operated is approved by the Zoning Administrator. The Zoning Administrator shall forward copies of application and site plan to the appropriate staff, and consultants for review and recommendation. The following requirements must be met: a)Sidewalk cafés shall be limited to the placement of tables, benches, chairs on portions of sidewalks immediately adjacent to the business operating them. Allowable materials shall be consistent with the outdoor patio ordinance. b)A sidewalk café may not occupy any portion of a public street unless it’s part of an approved parklet plan. c)Maintenance of all private facilities on public property shall be the owner’s responsibility. d)A minimum of five (5) feet of sidewalk width remains unobstructed to maintain pedestrian clearance. The pedestrian clearance shall be measured from the edge of the dining area to the curbline. e)Umbrellas/canopies shall not extend into the pedestrian clearance zone t no time shall the sidewalk café area be used for consumption of alcoholic f)A beverages. g)The business and/or property owner shall be responsible to ensure the sidewalk café area is properly maintained and litter-free. Sites of sidewalk cafés shall be maintained in an orderly, clean and sanitary manner and be free of debris at all times. Trash containers and staffing shall be available at all times to facilitate this condition. Litter shall be picked up on a daily basis. h)The City shall require businesses operating sidewalk cafés routinely sweep and/or wash portions of sidewalks impacted by such cafés. i)The sidewalk café area shall not block access to the building entrance or required exits. j)The sidewalk cafe area shall only be used between the hours of 7 am and 10 pm. 502.22- 3 ORDINANCE 502.22 – ZONING ORDINANCE k)If the sidewalk café is proposed to encroach into the right of way written approval shall be requested and approval provided by the Zoning Administrator and Public Works Director. l)Sidewalk café operators shall provide proof of insurance on an annual basis. Owners of sidewalk cafés shall hold the City harmless from all liability associated with the operation and maintenance of a sidewalk café. This ordinance becomes effective from and after its passage and publication th Passed by the City Council of St. Joseph, Minnesota the day of , 2021 Rick Schultz, Mayor ATTEST Therese Haffner, City Administrator , 2021. This amendment was published on 502.22- 4 Resolution 2021-035 RESOLUTION DIRECTING SUMMARY PUBLICATION OF ORDINANCE NO. 2021-010 The following official summary of the ordinance referred to has been approved by the City Council of St. Joseph as clearly informing the public of the intent and effect of the amendments. Outoor patio and sidewalk café ordinance 502.22 o Purpose –eliminate size restrictions for outdoor patios Copies of the entire text of the ordinances are available for inspection by any person at the office of the City Clerk any Monday through Friday between the hours of 8:00a.m. and 4:30 p.m. or on the City website at www.cityofstjoseph.com th Adopted by the City Council of St. Joseph on the 6day of July, 2021 ___________________________________ Rick Schultz, Mayor ATTEST: _____________________________ Therese Haffner, City Administrator Council Agenda Item 9b th MEETING DATE: July 6, 2021 AGENDA ITEM: Sign Ordinance Discussion SUBMITTED BY: Nate Keller, Community Development Director BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Planning Commission th recommended approval of the proposed ordinance amendments at their May 10 meeting. Planning Commission conducted a public hearing at their May meeting – no comments were received. PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: Staff is proposing two changes to the sign ordinance. The first adds “wayfinding” sign language to the code (if erected and designed by the city). The amendment is to help support the CVB initiative to install a wayfinding map at the Lake Wobegon trailhead. The map will help provide awareness of the downtown area and other destinations located close to the trailhead. The general purpose of a wayfinding sign is to provide common direction to pedestrians/bicyclists to key destinations in the Community. Some example wayfinding signs are shown in the attached PowerPoint. Staff at this time do not have any intentions to do more than the proposed sign (map) at the trailhead. The Comprehensive Plan adopted in 2018 also specifically encourages wayfinding signs so the amendment is in alignment with city goals/strategies. nd The 2sign amendment willresult in clearer language thatprohibitselectronic signs (known as dynamic displays) in the downtown area. According to the 2007 Downtown Design Standards plan – “signs that are lighted should be lighted through indirect sources with those sources hidden from pedestrian and motorist view. The lighting shall serve to illuminate facades, entrances.” The change to prohibit electronic signs in downtown meets the recommendations in the Downtown Design Standards plan and expectations of allowable signs in the downtown area. Please note the proposed changes at this time will be presented in an informational and informal format. The purpose is to garner feedback from Council and present specific information pertaining to the amendments before a formal amendment is presented. Formal amendment (per direction of Council) will come forth at future Council meeting. BUDGET/FISCAL IMPACT: None ATTACHMENTS: 1. PowerPoint presentation of signage changes 2. Drafted ordinance amendments with comments REQUESTED COUNCIL ACTION: Staff requests Council recommendation to continue proceeding forward with drafted amendments. If th recommended to proceed staff intends to bring amendments to July 19Council. Presented by: Nate Keller, CD Director AMENDMENTS PROPOSED SIGNAGE coordinated system - premise sign that is part of a city - 1) district - 1. Add “Wayfinding” signs as allowableProposed definition: “an offof signs meant to direct vehicular and pedestrian traffic from point to point, and/or show a route to a destination with landmarks, or places shown/displayed on a map. Wayfinding signs shall be designed, installed, and erected by the City.2. Clearly prohibit “dynamic displays” e.g. electronic signs within the downtown (B WHAT AND WHY premise” versus wayfinding and directional - the sign is not listed it is not allowed. if - application No clear definition for what, when, and where city erected signage can occurGrey areas for what consists of “offsignagedynamic display language is vague (as it pertains to zoning districts)Historical CURRENT QUESTIONS WAYFINDING EXAMPLES premise” versus - “encourage wayfinding – states - Facilitate a CVB initiative to permit an wayfinding map to be installed at the Wobegon trailheadFollow guidance in the Comprehensive Plan Clear up grey areas within code specifically as it pertains to “offwayfinding signs (how they differ and are defined). PURPOSE WayfindingGoal 1 and Strategy 1.8 in the Land Use Section within the community”. Downtown Design standards plan which discourages electronic the 2007 Clearly define where dynamic displays are not allowedFollow signs in the downtown PURPOSE Dynamic Displays by authorized, designed, and erected if Clearly define what a wayfinding sign isMake it clear wayfinding is only permitted the cityClearly prohibit electronic signage (dynamic displays) in the downtown district OUTCOMES meeting (no th Council meeting (if drafted language is th meeting th Planning Commission recommended approval of drafted amendments at May 10Planning Commission conducted public hearing at May 10comments received)Present formal amendments at July 19recommended by Council) WHERE WE’VE BEEN AND WHERE WE’RE GOING Past actionsNext step QUESTIONS ORDINANCE 502 –ZONING ORDINANCE ORDINANCE NO________ AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH ZONING ORDINANCE REGARDING SIGNS CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA Purpose and Intent:The purpose of this ordinance amendment is to amend Section 502.11 “Signs” and renumber the remaining sections Amendment: 502.11 are hearby amended as follows: Section 502.11: SIGNS Subd. 1: Purpose. The sign ordinance is intended to establish a comprehensive and balanced system of sign control that accommodates the needfor a well-maintained, safe, and attractive community, and the need for effective communications including business identification. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs that meet the City’s goals. 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 of land, buildings and landscapes andpromote the attractiveness of the 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)Improvethe visual appearance of the 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 of the sign regulationsset forth herein under the zoning authority of the City. Subd. 2. Findings. The City of St. Joseph finds it is necessary for the promotion and preservation of the public health, safety, welfare, and aesthetics of the community that the construction, location, size, and maintenance of signs be controlled. The City Council hereby finds as follows: 502.11-1 ORDINANCE 502 –ZONING ORDINANCE a) Exterior signs have a substantial impact on the character and quality of the environment. b) Signs provide an important medium through which persons may convey a variety of messages. c) Signs can potentially 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 theaesthetics of the community and threaten the health, safety and welfare of the 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. 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 onthe environment and the public health, safety and welfare. d)Provide for the enforcement of the provisions of this sign ordinance. Subd. 4: Severability. If any section, subsection, sentence, clause, or phrase of this Sign Ordinance is for any reasonheld 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 any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Subd. 5: Definitions. The Following words and terms shall have the meanings ascribed to them in this section: 502.11-2 ORDINANCE 502 –ZONING ORDINANCE a) Sign: Any writing, pictorial presentation, number, illustration or decoration, flag or other device that is used to announce, direct attention to, identify, advertise, or otherwise make anything known. The term “sign” shall not be deemed to include the terms“building” or“landscaping,” or any architectural embellishment of a building not intended to communicate information. b)Awning sign:A sign constructed of flexible translucent or fabric-type material that incorporates a written message or logo on the exterior. c) 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. d) Banner: attention-getting device which is of a nonpermanent paper, cloth, vinyl, or plastic like consistency used to promote a specific community event. e) Ballpark sign: a sign (1) securely attached to the outfield fences of a ballpark, (2) whose content can only be viewed from the ‘in-play’ side of the fencing, (3) whose size does not cause it to extend in any direction beyond the boundaries of the fencing that supports it, (4) that poses no danger of cuts or other injury to persons using said ballpark for its intended purposes, and (5) that does not otherwise interfere with persons using said ballpark for its intended purposes. f) Billboard. A free standing sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such is located or to which it is affixed. g) Canopy: a roof like cover often of fabric plastic metal or glass on a support which provides shelter over a doorway. h) Construction Sign: Any non-illuminated sign that displays information regarding the construction or development of the site on which it is displayed. i) Directional Sign: A sign intended to facilitate the safe movement of pedestrians and vehicles into, out of, and around the site on which the sign is located. j) Dynamic Sign: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, 502.11-3 ORDINANCE 502 –ZONING ORDINANCE blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink,” or any other method or technology that allows the sign face to present a series of images or displays. k) Freestanding Sign: Any sign not affixed to a building including but not limited to a ground sign, or monument sign. l) 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 includes the illusion of intermittent flashing light by means of animation. Also any mode of lighting which resembles zooming, twinkling, or sparkling. m) Height of Freestanding Sign: actual distance from the average horizontal grade at the base of the sign to the highest point of the sign, including any structure or architectural component of the sign. n) Illuminated Sign: any sign which has characters, letter figures, designs, or outlines illuminated by electric lights or luminous tubes as part of the sign proper or by indirect lighting. o) Marquee: any permanent roof like structure projecting beyond a building or extending along and projecting beyond the wall of that building generally designed and constructed to provide protection from the weather. p) Mobile Sign (Portable Sign): any sign designed or intended to be moved or transported by trailer or on wheels. A sign may be a mobile sign even it if has wheels removed, was designed without wheels, or is attached temporarily to the ground, a structure, or other sign. q) Monument Sign: any free standing sign in which the entire base of the sign structure is in contact with the ground, providing a solid and continuous background for the sign. r) Off-premise sign: any sign which directs the attention of the 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. s) Painted Sign: any sign painted directly on the outside wall or roof of a building or on a fence, rock, or similar structure or feature in any zoning district. 502.11-4 ORDINANCE 502 –ZONING ORDINANCE t) Pole Sign: see Pylon Sign. u) Portable Sign: see Mobile Sign. v) Projecting Sign: any wall sign that protrudes horizontally more than one (1) foot from the wall to which it is attached. w) 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. x) 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. y) Shimmering Signs: any sign which reflects an oscillating, sometimes distorted, visual image. z) Temporary Sign: any 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 capable of being moved by mechanical or non- mechanical means, including sandwich board signs. aa) 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. bb) 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. cc) Wayfinding Sign: an off-premise sign that is part of a city-coordinated system of signs meant to direct vehicular and pedestrian traffic from point to point, and/or show a route to a destination with landmarks, or places shown/displayed on a map. Wayfinding signs shall be designed, installed, and erected only by the City. ccdd)Window Sign: any sign placed on the interior of a window or painted on a window such that it can be read from the outside of the building. 502.11-5 ORDINANCE 502 –ZONING ORDINANCE Subd. 6: Permit Required. No sign shall be erected, altered, reconstructed, maintained or moved in the city without first securing a permit from the city. 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 and send it by certified mail, return receipt requested, to the applicant. 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 all applicants and/or owners of the sign and subject property ; 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 (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 proof that the applicant has obtained a permit from the state for the sign. i) Fee. A fee set forth by resolution applies to a permit for signs and shall be submitted with the required application. Subd. 7: General Provisions. The following regulations shall apply to all signs hereafter permitted: 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 informationunless approved by the appropriate government entity or as set forth in Subd. 26 of Section 502.11, as may be amended, and pertaining to community event banners. b) The design and materials of any sign shall be consistent with the building materials requirements of the district in which the sign is located, and shall be the 502.11-6 ORDINANCE 502 –ZONING ORDINANCE same as, or compatible with, the materials and design of the principal building(s) on the property. c) Signs shall not be constructed or maintained in a manner which obstructs traffic visibility. 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 escape, stairway or opening intended to provide light, air, ingress,or egress for any building or structure. f) 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. g) 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 7. Flashing signs 8. Shimmering signs 9. Wall sign h) Pylon signs and off-premise signs shall only be permitted in the designated corridors included in Exhibit “A” of this Ordinance. i) Monument Signs: The base of the sign shall be constructed of a permanent material such as concrete, block, or stone. The sign face shall occupy at least 50% of the monument sign. Signs shall be the same as, or compatible with, the materials and design of the principal building(s) on the property. j) Signs which may be or may hereafter become rotted, unsafe,or unsightly shall be repaired or removed by the property owner or lessee of the property upon which 502.11-7 ORDINANCE 502 –ZONING ORDINANCE the sign stands upon notice by the Building Inspector. The owner, lessee, or manager of 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 lessee of the 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. k) No sign shall project more than three (3) feet over a public sidewalk and shall be a minimum of ten (10) feet above the average ground level directly beneath the sign. l) Signs shall not be located on the roof of a building. m) Signs that are painted directly on the surface of a building may be permitted in business zoning districts provided that the area of the painted sign be calculated as part of the maximum total permitted wall sign area for the building. n) No sign shall violate the side or rear yard setback requirements of the district in which it is placed. No sign shall be placed within ten (10) feet of a front lot line. o) 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. p) Ballpark signs shall be allowed only on those ballparks that are primarily used to host baseball and/or softball games. q) Wayfinding signs may be permitted in any Zoning district Subd. 8: Illuminated Signs:Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, building, or streets. Subd. 9: Square footage Calculation (Total Area= A x B): a) For wall signs, the area of a sign shall be that area within the marginal lines created by the sign surface which bears the advertisement or, in the case of messages, figures, or symbols attached directly to the part of a building, which is included in the smallest rectangular figure which can be made to circumscribe the message, figure, or symbol displayed thereon. 502.11-8 ORDINANCE 502 –ZONING ORDINANCE b) For monument signs, area shall be calculated as for wall signs. Structural members of the sign, including supports or other decorative features shall not be considered as a part of the measured sign area: 1. For pylon signs, the entire area of the sign face or cabinet shall be considered as a part of the measured sign area. Structural supports, provided that they have no message or other graphics, shall be exempt from the area calculation. Subd. 10: Landscaping: A site plan shall be submitted as part of any application for a freestanding sign which includes plans for the landscaping of the area near the sign, and which demonstrates that the sign will complement the existing or proposed general site landscaping of the property. Subd. 11: Vehicle Fuel Facilities: Signs for vehicle fuel facilities shall be regulated by the sign provisions for the zoning district in which the facility is located, except that within a freestanding sign, an area not to exceed sixteen (16) square feet shall be allowed for continuous display (no flashing, scrollingor other animation) of electronic or non-electronic changeable copy identifying current fuel prices in accordance with Minnesota State Statutes Section 239.751, as may be amended. Subd. 12: Dynamic Displays a) Findings: Based on studies related to the use of dynamic sign displays and driver distraction, the City finds that dynamic signs, as defined by this Section have a unique potential to create driver distraction, a major cause of traffic crashes. As a result, the City has adopted special regulations that relate to such signs. These regulations shall apply to all dynamic signage in the City, whether new or existing, conforming or non-conforming at the time of adoption of this Ordinance. b)Regulations governing Dynamic Sign Displays: 1.Dynamic sign displays shall have messages that change instantaneously, and do not fade, dissolve, blink, or appear to simulate motion in any way. Prohibited blinking signs shall include signs which are displayed as continuous solid messages for less than the time required by subpart (d) of this subsection below. The exception to this regulation is the allowance of messages that appear to scroll horizontally across the sign, but are otherwise in compliance with the requirements of this ordinance. 2.Dynamic sign displays shall not be permitted in any Residential zoning district. 3.Dynamic sign displays shall be permanent signs. 4.No dynamic sign display shall change more than one time per three (3) second period. 502.11-9 ORDINANCE 502 –ZONING ORDINANCE 5. Dynamic sign displays shall be no brighter than other illuminated signs in the same district. 6. Dynamic sign displays shall be designed to freeze the display in the event of malfunction, and the owner shall discontinue the display immediately upon malfunction, or upon notice from the City that the display violates the City’s regulations. 7. No dynamic sign display shall be permitted to be located in a yard or on the side of a building which abuts a residentially zoned parcel. WE COULD ALSO ADD LANGUAGE HERE RELATING TO PROHIBITING ELECTRONIC SIGNS WITHIN B-1 AND DOWNTOWN AREA Subd. 13: 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; except that the maximum size of a 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 any one 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 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 multiple tenants on a single 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 Interpreters. 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 or temporary signs shall be enclosed in metal conduit or elevated at least nine (9) feet above the ground to prevent tripping or electrical hazards. 502.11-10 ORDINANCE 502 –ZONING ORDINANCE h) Anchors. Anchors for portable or temporary signs shall be subject to approval by the Building Inspector and maintained to prevent displacement or tipping over during high winds. Subd. 14: Exemptions.The following sign shall not require a permit. This exemption, however, shall not be construed as relieving the owner of the 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. 15: Design Standards for Residential Zoning Districts. The general provisions of Section 502.11 apply to all signs within Residential Zoning District. In addition the following standards apply. a)General Provisions applying to all residential zoning districts: 1.No sign shall be placed closer than ten feet (10’) to any front property line, except direction signs which have a zero foot (0’) setback. No sign shall be placed within a required side or rear setback. 2.No sign shall be placed in any required interior side yard. 3.No sign shall be mounted on the roof of a building. 4.Flashing or rotating signs resembling emergency vehicles shall not be permitted. 5.Illuminated signs are not allowed. b)R-1 Single Family Residence District and R-2 Two Family Residential District: 1.No advertising or business signs shall be permitted, except signs advertising a permitted home occupation limited to an overall area of six (6) square feet. 2.Subdivision Monument Sign: One unlighted sign having a surface area not exceeding fifty square feet (50’) per face with an aggregate total of one hundred (100) square feet and a height not exceeding eight feet (8’) per vehicle entrance identifying each subdivision or housing development. Such signs are subject to the following provisions: A.Landscaping must be provided around the base of the sign. B. The entrance to a development shall be one that abuts a collector or arterial road. c) R-3 Multiple Family Residential District and R-4 Townhouse/Patio Home 502.11-11 ORDINANCE 502 –ZONING ORDINANCE Residential District and R-5 Supportive Care District: 1. No advertising or business signs shall be permitted, except signs advertising a permitted home occupation limited to an overall area of six (6) square feet. 2. Subdivision Monument Sign: One unlightedsign having a surface area not exceeding fifty square feet (50’) per face with an aggregate total of one hundred (100) square feet and a height not exceeding eight feet (8’) per vehicle entrance identifying each subdivision or housing development. Such signs are subject to the following provisions: A. Landscaping must be provided around the base of the sign. B. The entrance to a development shall be one that abuts a collector or arterial road. 3.One area identification sign for each multiple-residential complex consisting of three or more units. A. Such signs shall have a surface area of all faces not exceeding an aggregate of fifty (50) square feet. B. The height of the sign shall not exceed eight (8) feet. C. Landscaping must be provided around the base of the sign. 4.Wall Sign: One wall sign shall be allowed for the purpose of street identification. Such sign cannot exceed twelve (12) square feet. Subd. 16: Permitted On Premise Signs; Business Districts. On-premise identification, business or area identification signs are permitted. Nearby residents shall be protected from direct light if these signs are illuminated. The following provisions apply to all Business Districts. a)Wall Signs. Each tenant other than those in multi-tenant buildingsmay 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 the maximum allowed in each zoning district as defined in this Ordinance. b)Monument Signs. Each tenant other than those in multi-tenant buildings may have a monument sign that shall not exceed the maximum allowed in each zoning district as defined in this Ordinance and twenty ( 20) feet in height, and is setback a minimum ten (10) feet from the property lines. 502.11-12 ORDINANCE 502 –ZONING ORDINANCE c) Multi-Tenant Wall Signs. Each tenant in a multi-tenant building may have a flat wall sign. Such multi-tenant wall signs shall not exceed the maximum allowed in each zoning district as defined in this Ordinance d)Multi-Tenant MonumentSigns. One (1) monumentsign shall be permitted for each multi-tenant building provided the surface area of the sign does not exceed one-hundred (100) square feet, per side, and twenty (20) feet in height, and is setback in no case less thanten (10 )feet from the property lines. The area may be increased to a maximum of one hundred and fifty (150) square feet per side for developments of over twenty (20) acres. e) Canopies and Awnings. The design of canopies shall be in keeping with the overall building design in terms of location 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 of the building. f) Signs affixed to principal or accessory structures shall be composed of materials or textures similar to those of the exterior façade to which they are affixed. Subd. 17: B-1: Central Business District: In the B-1 Central Business District the following standards apply. a) Business signs may be erected and maintained in conjunction with a commercial use provided: 1.Freestanding signs shall have a surface area not exceeding fifty (50) square feet per sign face with an aggregate total not to exceed one-hundred (100) square feet if double faced. WE COULD ADD LANGUAGE HERE THAT STATES DYNAMIC DISPLAYS ARE NOT ALLOWED 2.Such sign except a directional sign, is erected only on the premise on which the use, to which the sign relates, is conducted. 3.Notwithstanding the above, where two or more separate and individual businesses are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business sign as provided in subdivision a) and b) of this Section, except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. For the purpose of this subdivision, a combination of two or more business operations within a single structure includes, but is not limited to, shopping centers, shopping 502.11-13 ORDINANCE 502 –ZONING ORDINANCE malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All freestanding Business Signs shall be landscaped around the base. Except for monument signs, the surface area of the base of any Business Sign shall not exceed twenty-five (25) percent of the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. b) Projecting signs are allowed in the B-1 District directly adjacent to Minnesota Street and College Avenue provided: 1) The projecting sign does not extend beyond the first floor of the building. 2) No less than ten (10) feet of clearance is provided between the highest point of the sidewalk and the lowest point of the projecting sign. 3) Cumulative projecting sign area is not greater than twelve (12) square feet and maximum sign width not greater than three (3) feet. 4)Maximum distance between a projecting sign and the building face doesn’t exceed one (1) foot. c) Sandwich Board Signs are allowed only in the B-1 District directly adjacent to Minnesota Street and College provided: 1)No more than one (1) sandwich board sign shall be allowed for each tenant on a parcel of property. 2)The sandwich board sign does not exceed thirty-six (36) inches in height or thirty (30) inches in width. 3) The sign is displayed only during normal operating hours of the business on the parcel of property on which the sign is located. 4) The sign does not require any form of electricity or display lights or moving parts. 5) 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. 6) The sign is made of weather and wind resistant materials of superior quality. 502.11-14 ORDINANCE 502 –ZONING ORDINANCE 7) The sign is not affixed to the sidewalk, other signage, or temporary or permanent structure. 8) The maximum aggregate square footage of allowable sign area is not exceeded. 9) 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. d) Wall Signs may be placed or painted against the exterior wall or surface of a building or structure and are subject to the following regulations: 1. Wall Signs shall not project above a roof. 2. Wall Signs shall not exceed one (1) square foot per lineal lot front foot or fifteen percent (15%) of the building frontage area, or fifty (50) square feet whichever is the lesser. WE COULD ADD LANGUAGE HERE TOO STATING THAT DYNAMIC DISPLAYS ARE NOT ALLOWED FOR WALL SIGNS e) Maximum Freestanding Sign height is twenty (20) feet above ground. f) Prohibited Signs 1. Dynamic or Flashing signs that are digital or electronic in nature Subd. 18: B-2 Highway 75 Business District: In the B-2 Highway 75 Business District, the general provisions of Section 502.11 apply to all signs. In addition the following standards apply. a)Freestanding Signs may be erected and maintained provided: 1.Signs shall have a surface area not exceeding one hundred (100) square feet per sign face with an aggregate total not to exceed two hundred (200) square feet if double faced. 2.Such sign except a directional sign is erected only on the premise on which the principal use, to which the sign relates, is conducted. 3.Notwithstanding the above, where two (2) or more separate and individual businesses are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances,each individual business operation may be permitted to display an individual business sign 502.11-15 ORDINANCE 502 –ZONING ORDINANCE as provided in subdivision a) and b) of this Section, except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. For the purpose of this subdivision, a combination of two (2) or more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All Freestanding Signs shall be landscaped around the base. Except for monument signs, the surface area of the base of any Freestanding Sign shall not exceed twenty-five (25) percent of the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. 5. The maximum height of a Freestanding Sign shall be twenty (20) feet. b) Wall signs may be placed or painted against the exterior wall or surface of a building or structure and are subject to the following regulations: 1. That the wall sign does not exceed one fifteen percent (15%) of the building frontage area or seventy five (75) square feet, whichever is the greatest. 2. Wall signs shall not project above the roof. Subd. 19: B-3 General Business District: The general provisions of Section 502.11 apply to all signs within the B-3 General Business District. In addition the following standards apply. a) Wall Signs. Wall signs may be placed or painted against the exterior wall or surface of a building or structure and are subject to the following regulations: 1.That the wall sign does not exceed one and one half (1 1/2 ) square feet per lineal lot front foot or fifteen percent (15%) of the building frontage area or seventy five (75) square feet, whichever is the greatest. 2. Wall signs shall not project above the roof. b) Freestanding Signs may be erected and maintained in conjunction with a principal use provided: 1.Signs shall have a surface area not exceeding one hundred (100) square feet per sign face with an aggregate total not to exceed two hundred (200) square feet if double faced. 2.Such Freestanding Sign, except a Directional Sign, is erected only on the premise on which the principal use, to which the sign relates, is conducted. 502.11-16 ORDINANCE 502 –ZONING ORDINANCE Off Premise Signs are prohibited. 3. Notwithstanding the above, where two (2) or more separate and individual businesses are conducting business in separate areas of a single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business sign as provided in subdivision a) and b) of this Section, except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. For the purpose of this subdivision, a combination of two or more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All Freestanding Signs shall be landscaped around the base, shall blend into the natural features of the lot on which they are contained and shall be consistent with the master landscaping plan of the development. 5. Except for Monument Signs, the surface area of the base of any Freestanding Sign shall not exceed twenty-five (25) percent of the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. 6. The maximum height of a Freestanding Sign shall be twenty (20) feet. c) The following signs are prohibited in the B-3 General Business District: 1. Portable/Mobile/Magnetic Signs 2. Beacons, banners, pennants, search lights, and streamers 3. Flashing or Blinking Signs 4. Roof Signs, except those affixed to parapets. 5. Off-Premise Signs d) Architectural and Design Standards. 1. Principal buildings shall feature sign bands as an integral part of the exterior architecture. Signs affixed to principal structures shall be placed within said sign bands and the bands shall not exceed the maximum sign height allowed in this section. 502.11-17 ORDINANCE 502 –ZONING ORDINANCE 2. Signs affixed to the principal or accessory structures shall be composed of materials or textures similar to those of the exterior façade to which they are affixed. 3. Building sign and color palettes shall be analogous with a color employed on the facade to which they are affixed. Analogous colors are those that are next to each other on a color wheel as opposed to complementary colors which are opposite of one another on the color wheel. e) Master Sign Plan Required for Multiple Tenant Occupancies. 1. Master sign plans are required for all multiple tenant developments and/or structures. 2. Sign placement and material for multiple tenant signs shall be uniform and consistent with the development. 3. All signs contained in the Master Sign Plan shall conform to the architectural, design, location, and performance standards of the Ordinance. f) Comprehensive Sign Plan – Special Use Permit. 1. The comprehensive sign plan special use process is only applicable to the B-3 District and is an alternative to the strict adherence of the regulations contained in this Ordinance. 2. Applicants may request a special use permit, as provided by Section 502.07 of the City Code, as may be amended, to allow signage which is not in strict compliance with the provisions of the B-3 District applicable to signage but which is appropriate to the character of the development. 3. The comprehensive sign plan special use permit process is intended to encourage a flexible procedure to review area-wide signage plans that: A. Are appropriately related to the overall character of the development. B. Provide adequate identification and information. C. Maintain an acceptable visual environment. D. Promotes traffic safety. E. Are consistent with the purpose and intent of this Ordinance. 4. The comprehensive sign plan special use permit, or any modification thereto, may contain such conditions, requirements or standards that may 502.11-18 ORDINANCE 502 –ZONING ORDINANCE be stipulated by the City Council to assure that signs covered by the plan will not be detrimental to persons or property in the vicinity, or to the public welfare. 5. The City Council shall only consider approval of a comprehensive sign plan after receiving a recommendation from the Planning Commission. 6. Criteria for Special Use Permit review: A. Consistency with the Architectural and Design Standards contained in this Ordinance. B. Sign Location and position: All signs shall be placed where they are sufficiently visible and readable for their function. Factors to be considered shall include: i. The purpose of the sign, ii. Its location in relation to traffic movement and access points, iii. Its location in relation to site features and structures, and iv. Sign orientation relative to viewing distances and viewing angles. C. Quantity i. The quantity of signs approved under a special use permit shall be no greater than that required to provide project identification and entry signs, internal circulation and directional information to destinations and development sub-areas, and business identification. Factors to be considered shall include the size of the development, the number of development sub-areas and the division or integration of sign functions. ii. The number of signs approved under a special use permit shall in no case exceed one hundred and twenty-five (125) percent of that allowed under the traditional review process within the B-3 District. D. Size i. Signs shall be larger than necessary for visibility and readability. Factors to be considered in determining appropriate size shall include topography, volume of traffic, speed of traffic, visibility range, proximity to adjacent uses, amount of sign copy, placement of display (location and height), lettering style and the presence of distractive influences. 502.11-19 ORDINANCE 502 –ZONING ORDINANCE ii. No sign approved shall exceed the maximum height standard for signs contained in the B-3 District by more than fifty (50) percent. iii. No sign or combination of signs approved under a special use permit shall exceed one hundred twenty-five (125) percent of the maximum area standard allowed on the site through the traditional review process. E. Review Process. The review process shall be as prescribed in Section 502.07 of the St. Joseph City Code relating to the processing of conditional use permits as may be amended. F. Comprehensive Sign Plan Amendments. Minor amendments to comprehensive sign plans allowed under a Special Use Permit shall be reviewed by the Zoning Administrator and do not require a public hearing provide the proposed changes: i. The proposed signage change meets all standards prescribed in the Special Use Permit. ii. The proposed signage change meets all other standards or requirements set forth in this section of the City Code. iii. The proposed signage change will not increase the number of signs, the height of signs or the sign area authorized under the application Conditional Use Permit. Subd. 20: LI- Light Industrial District: The general provisions of Section 502.11 apply to all signs within the LI Light Industrial District. In addition the following standards apply. a) Wall Signs. Wall signs may be placed or painted against the exterior wall or surface of a building or structure and are subject to the following regulations: 1.That the wall sign does not exceed one (1) square feet per lineal lot front foot or fifteen percent (15%) of the building frontage area or seventy five (75) square feet, whichever is the greatest. 2. Wall signs shall not project above the roof. b) Freestanding Signs 1.Freestanding Signs shall have a surface area not exceeding one hundred (100) square feet per sign with an aggregate total not to exceed two hundred (200) square feet if double faced. 2.Such sign except a directional sign is erected only on the premises on which the principal use, to which the sign relates, is conducted. 3.Notwithstanding the above, where two (2) or more separate and individual commercial operations are conducting business in separate areas of a 502.11-20 ORDINANCE 502 –ZONING ORDINANCE single building or structure, in which each operation owns or leases separate and individual premises, but share in the use and maintenance of common areas within or around the structure, then and in those circumstances, each individual business operation may be permitted to display an individual business sign as provided in subdivisions a) and b), except that said sign must be directly attached to that particular premises actually occupied by the business operation to which the sign relates. In addition to these individual business signs, the combination of business operations occupying the structure, may maintain a fifty (50) square foot sign detached from the structure identifying the structure, the individual business operations located therein, or other reference to the combination of business operations located within the structure. For purposes of this subdivision, a combination of two or more business operations within a single structure includes, but is not limited to, shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominium ownership. 4. All Freestanding Signs shall be landscaped around the base. Except for monument signs, the surface area of the base of any Freestanding Sign shall not exceed twenty-five (25) percent of the face area unless structural engineering illustrates the face cannot meet the wind loading requirement of the Building Code. 5. The maximum height of a Freestanding Sign shall be twenty (20) feet. Subd. 21:Downtown Service Signage Area. a) The City recognizes a need to give motorists general and directional information in the densely developed, pedestrian oriented core of the City in a concise and convenient manner. The pedestrian-oriented core is separate and distinct from vehicular oriented or residential corridorselsewhere in the City. The intense pattern of structural development, the volume of pedestrian activity, the mix of property uses, and activities occurring 24-hours a day may inhibit conveyance of important messageswithin the pedestrian-oriented core. To provide a means of effective communications the City hereby establishes a ‘Downtown Service Signage Area’. b)The Downtown Service Signage Area is illustrated on the Downtown Service Signage Area Map which is hereby incorporated by reference. The area illustrated in the map is described as: those lots fronting on College Avenue and Minnesota Street from a point beginning on College Avenue at the southern terminus of the intersection with CSAH 75, extending south on College Avenue to the intersection of College Avenue and Minnesota Street and then proceeding west along Minnesota Street to the intersection with CSAH 2 as it traverses in a north/south fashion. All four quadrants of the intersection at College Avenue and Minnesota Street are included in the map area. Areas north of the intersection of 502.11-21 ORDINANCE 502 –ZONING ORDINANCE College Avenue and CSAH 75 are not included in the Downtown Service Signage Area. c) Off-premise signs shall be permitted byConditional Use Permitson lots which front on the routes described in the Downtown Service Signage Area Map. Front footage shall be as defined in the City Code, Section 502.04 (Rules and Definitions) as may be amended. The standards contained in Section 502.07 and related to special use permits apply. d)Off-premise signs shall be ‘monument signs’ as defined in Subdivision 5 of Section 502.11 as may be amended. Pylon signs areprohibited. e) Off-premise signs shall not exceed twenty (20) feet in height or fifty (50) square feet in area per sign face. f) Off-premise signs are limited to two sides (i.e. sign faces) and one monument base. g)No off-premise sign shall be permitted within five hundred (500) feet of an adjoining residential district, any property being guided by the Future Land Use Map as residential or any public park, school, library, church, or government building. h)In no case shall any off-premise signs be placed on the roof of a buildingor structure. i)Off-premisesignsshallbe maintained in good, upright conditionand sign faces shall be kept free of saggingor peeling. j) Off-premise signs shall be in composed of materials or textures reasonably similar in quality to facades in the immediate vicinity of said sign. k)The City may require off-premise signs be similar is shape, design, and material components so as to promote and retain visual continuity and a sense of place within the Downtown Service Area. Said shape, design, and material components may be represented in a standard developed by the City and hereby incorporated by reference. l)Wayfinding signs erected by the city shall be allowed. m)Dynamicdisplaysor flashing signs that are digital or electronicin nature are prohibited except in the B-3 zoned areas of the downtown service area. Subd. 22: Portable Signs. a) Definition. A portable sign is one that is movable from one location to another 502.11-22 ORDINANCE 502 –ZONING ORDINANCE and is not permanently affixed to the ground, sales display device, or structure. b)Permit Required. A business seeking to use or display a portable sign shall obtain a permit from the City for the period of display. Permits will specify the length of time the sign will be displayed, location of the sign, and business applying to use the sign. c)Length of Use. The duration of time a portable sign can be located on a property is limited to a maximum of forty (40) days in any one calendar year. d)Size. A portable sign shall not exceed 50 square feet which accounts for all letters, numbers and attachments; excluding material required to support the sign. Subd. 23: 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 nonconforming 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 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. 502.11-23 ORDINANCE 502 –ZONING ORDINANCE Subd. 24: 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 in the 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. 25: Non-Commercial Speech. Notwithstanding any other provisions of this 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. 26: 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 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-commercial speech. This provision prevails over any more specific provision to the contrary. Subd. 27: 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; 502.11-24 ORDINANCE 502 –ZONING ORDINANCE 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 Committee. Banner plans will be reviewed at regular meetings by the Planning Committee. In addition, special meetings can be requested for plan review. In reviewing the proposed banner, the Planning Committee 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. c) All permits not approved or denied within thirty (30) days shall be deemed denied. If the permit is denied, the issuing authority shall prepare a written notice of the denial within ten (10) days of its decision. d) Application Fee. An applicable permit application fee as listed City’s fee schedule is due upon submission of the application. e) Erecting and Removing Banner. Each applicant is responsible for hanging and removing an approved banner. Roadway banners in support of community events may be displayed for a period not to exceed twenty-one (21) days. All banners must be removed within 48 hours 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. f) 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 502.11-25 ORDINANCE 502 –ZONING ORDINANCE 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. g) 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. h) 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. Effective Date: This ordinance amendment shall be in full force and effect from and after passage and publication according to the state law. Repeal: This ordinance shall repeal all ordinances inconsistent herewith. ______________________________________________________ Rick Schultz, Mayor _______________________________________________________ Therese Haffner, City Administrator 502.11-26 Council Agenda Item MEETING DATE: July 6, 2021 AGENDA ITEM: Winter Parking Regulations SUBMITTED BY: Administration BACKGROUND INFORMATION: The Council has briefly discussed the possibility of amending the City’s on-street parking ordinance in relation to Winter Parking. Currently St. Joseph imposes an on- stst street parking ban from November 1 – April 1from 2:00AM – 7:00AM. Staff was tasked with researching what the area cities have in place for Winter Parking Regulations. The majority of the area cities impose similar restrictions as follows: CITYWINTER PARKING REGULATION stst ST JOSEPH November 1 – April 1; 2:00AM – 7:00 AM stst SARTELL November 1 – March 31; 1:00 AM –7:00 AM stst SAUK RAPIDS November 1 – March 31; 2:00 AM –7:00 AM stst ST AUGUSTA November 1 – March 31; 1:00 AM –7:00 AM stst WAITE PARK November 1 – April 1; 2:00 AM – 7:00 AM COLD SPRING No Parking when snow accumulation is > 1” AVON No Parking when snow accumulation is > 2” ST CLOUD Implements 3 types of winter parking restrictions: 1.Seasonal Calendar Parking: odd/even parking; Nov. 1 – Apr. 1; 1AM – 7AM 2.SCSU Neighborhood: imposed year-round from 1AM – 7AM. Parking changes based on day of the week. 3.Seasonal Parking Ban: pertains to certain areas of the city every day from Nov. 1 – Apr 1; 1AM-7AM BUDGET/FISCAL IMPACT: NA ATTACHMENTS: Portion of Ordinance 804 General Parking REQUESTED COUNCIL ACTION: Discuss and provide further direction to staff. CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES County Road 75, 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 theChief 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 certainblocks 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 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 104.4. Section 8Section 8004.4.0606: SNOW SEASON PARKING: SNOW SEASON PARKING.. Subd. 1: There shall be no parking on any City streetSubd. 1: There shall be no parking on any City streetSubd. 1: There shall be no parking on any City street from November 1from November 1 to April 1, to April 1, during the hours of 2:00 o'clock A.M. andduring the hours of 2:00 o'clock A.M. and 7:00 o'clock A.M.7:00 o'clock A.M. Subd. 2: Any vehicles parkeSubd. 2: Any vehicles parkeSubd. 2: Any vehicles parked in violation of Section 8d in violation of Section 8004.04.066 Subd 1Subd 1, which interfere with , which interfere with , which interfere with the plowing or removal of snow, are subject to immediate towing at the owner's expense.the plowing or removal of snow, are subject to immediate towing at the owner's expense. Section 804.05 amended 4/08 Section 804.07: PARKING OF SEMI TRAILERS, TRAILERS, TRUCKS, TRUCK TRACTORS AND DUMPSTERS. Subd. 1: Declaration of Nuisance. The parking of semi trailers, trailers, trucks and truck tractors in an area of the City zoned R-1, 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 804-3 Council Agenda Item 12 MEETING DATE: July 6, 2021 AGENDA ITEM: City Council Resignation SUBMITTED BY: Administration BACKGROUND INFORMATION: Council Member Brian Theisen will resign his seat. The City Council is statutorily required to fill this vacancy through either appointment or ordering a Special Election, and this process is regulated by MS 412.02. Since there is less than two years of his Council term remaining, a special election is not required. Below is analysis of the Council’s options with consideration of the costs. Special Election Analysis If the Council chooses to pursue a special election for the Council seat, it would pass an ordinance specifying how it planned to hold the special election. Timing The special election would require at least 74 days of written notice to the County Auditor. The ordinance would need to be posted on the City website for 10 days prior to adoption and therefore wouldn’t be th considered until the July 19meeting. The earliest the Special Election could take place would be November 2, 2021 with November 15th being the first meeting of the newly elected member. Turnout Special elections generally produce very low turnouts. Cost Since the City’s budget for 2021 is set, the election dollars would have to come out of another fund. The Clerk and other staff that would help with the election would lose productivity in other areas in 2021 if the City chose to pursue a special election. The City of Big Lake provided staff with an estimated cost of having a Special Election, $10,000- $15,000. While it’s impossible to be 100% accurate in these predictions, staff believes the cost estimate will be relatively close. There is always the possibility of something coming up that adds to the cost, like a recount. The estimates above are based on a straightforward election, and should be viewed as a minimum cost of an election. Appointment Analysis The past three council vacancies have been filled by appointment. That process included: 1.Accepting applications from interested, qualified residents 2.Council review of the applications 3.Interviews 4.Council Appointment Option 2 for appointment would be simply appointing a resident to the Council without going through the application/interview process. Timing If the Council chose to appoint, the City would begin seeking applications with hopes that the new Councilmember’s first meeting will be late August/early September. BUDGET/FISCAL IMPACT: To be determined based on Council’s decision ATTACHMENTS: Resolution 2021-036 REQUESTED COUNCIL ACTION: ACCEPT RESIGNATION FROM COUNCIL MEMBER THEISEN AND DECLARE VACANCY: 1.Motion to approve aResolution 2021-036 accepting the resignation of Council Member Brian and declaring a vacancy on the City Council. Theisen effective on OPTIONS TO FILL THE VACANCY (choose ONE): 1.Direct staff to prepare an ORDINANCE Ordering a Special Election to be brought forward to Council for approval on July 19, 2021. 2.Motion to approve Appointment to fill the vacancy until the end of the term on December 31, 2022 and identify the process of appointment. RESOLUTION #2021-036 RESOLUTION ACCEPTING RESIGNATION AND DECLARING A VACANCY WHEREAS, the St. Joseph City Council has received notice of the resignation of Council Member Brian Theisen for his position as a Councilmember with a term expiring December 31, 2022. THEREFORE, BE IT RESOLVED by the City Council of the City of St. Joseph, Minnesota that: The City Council hereby accepts Councilmember Brian Theisen’s resignation for his position as a Councilmember for the City of St. Joseph effective. The City Council hereby declares that vacancy exists on the St. Joseph City Council effective Adopted by the City Council of St. Joseph, this 6th day of July, 2021. CITY OF ST. JOSEPH Rick Schultz, Mayor ATTEST Therese Haffner, City Administrator