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HomeMy WebLinkAbout08.02.21 www.cityofstjoseph.com St. Joseph City Council August 2, 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 . Public Comments, contact City Clerk Kayla Klein by noon on the day of the meeting. This will ensure (320)229-9421, kklein@cityofstjoseph.com thatyouwill be heardatthe appropriate time duringthe meeting.** Join Zoom Meeting https://us06web.zoom.us/j/82315686096?pwd=UWhKR1dZb3NMbFFBdWJhbGhGUUQ0Zz09 Meeting ID: 823 1568 6096 Passcode: 994707 Dial by your location +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) 1.6:00 PMCall to order - Pledge of Allegiance Oath of Office 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. Approve Agenda Consent Agenda Minutes – Requested Action: Approve the minutes of July 19, 2021. Gambling Permit – Requested Action: Approve gambling permit for the St. Cloud Boxing & Wrestling Club. Police Officer Hire – Requested Action: Approve the hiring of Reece Riegel as Police Officer at Grade 9, Step 1 at $24.48 per hour on the wage scale. Public Hearing – Delinquent Accounts Proposed Assessment Ordinance 502 Amendment, Sign Ordinance Sale of Property – Portion of PID 84.53843.0005 Community Center Architect Engineer Reports Mayor Reports Acting Mayor Appointments Adjourn 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342 July 19, 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 Tuesday, July 19, 2021, at 6:00 PM in the St. Joseph Government Center. Members Present:Mayor Rick Schultz.Kevin Kluesner, Kelly Beniek, Jim Loso City Representatives Present: Administrator Therese Haffner, City Clerk Kayla Klein, Finance Director Lori Bartlett, Public Works Superintendent Ryan Wensmann, Police Chief Dwight Pfannenstein, Community Development Director Nate Keller, City Engineer Randy Sabart Public Comments: Kimberly Wenner-Roth, new Finance Technician for the City or St. Joseph, introduced herself to the Council. Among her duties are processing payroll and accounts payable. Approve Agenda: Beniek made a motion to approve the amended agenda as item number eight was added; seconded by Schultz 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 from June 10, 2021, June 16, 2021, and July 6. 2021. b.Bills Payable –Requested Action: Approvecheck numbers 057903-057966, Payroll EFT # 112105-112110, Accounts Payables EFT # 1992-1995, and Pay Periods 14,14.01; Council Pay Period 7; Fire Dept Pay Period 2. nd c. Treasurer’s Report – Requested Action: Approve the 2quarter and June 2021 Financial Reports as presented. d.Bad Habit Brewing Lease Extension – Requested Action: Approve the lease extension between the City of St. Joseph and Bad Habit Brewing Company for a period of 1 month, August 1, 2021 – August 31, 2021. e. Donations – Requested Action: Approve Resolution 2021-037 accepting donations. f. Recreation Director Hire – Requested Action: Approve Rhonda Juell as the part-time Recreation Director at Grade 6, Step 5, $24.49/hour on the wage scale. g. Rescinding Emergency Declaration Resolution 2020-009 – Requested Action: Approve Resolution 2021-038 ending the emergency declaration by rescinding Resolution 2020-009. h. MN Streetscape Acceptance of Project & Final Payment – Requested Action: Approve final payment to Scenic Specialties for the MN Streetscape Project and accept the project as complete. i. 2021A Bond Issue – Requested Action: Adopt Resolution 2021-040 Approving the Issuance of General Obligation Bonds, Series 2021A. j. 2020 TIF Reports – Requested Action: Accept the 2020 TIF Reports. Special Event – Rock 4 Alzheimer’s: City Clerk, Kayla Klein explained that Bad Habit Brewing Company is requesting approval for their annual Rock 4 Alzheimer’s event. It will be held on Sunday, September th 12 starting at 1:00 p.m. and ending at 9:00 p.m. This event has taken place for several years without incident. Police Chief Pfannenstein requires that one off-duty officer be present. Applicant has noted that they will have everything cleaned up by Sunday at 10:00 p.m. Beniek made a motion to approve the special event permit for Bad Habit Brewing Company’s annual Rock 4 Alzheimer’s on September 12th, 2021; seconded by Kluesner and passed unanimously. Street Closure Request – National Night Out: City Clerk, Kayla Klein stated that Ann Theisen has applied rd for a street closure request for National Night Out on August 3from 6:00 to 10:00 p.m. This is an annual community-building event between law enforcement and the community. The applicant has included a site plan where the closure is requested, including detours. There was some discussion regarding who supplies the barricades and how to inform residents of the closure. Public Works Superintendent Ryan Wensmann stated that he is working with the group and will July 19, 2021 Page 2 of 3 provide barricades; also, notifications will be posted on social media. Chief Pfannenstein reported that they have requested that an officer drop by to visit if there is one available. Schultz moved to approve the street closure request for National Night Out; seconded by Beniek and passed unanimously. Engineering Reports:City Engineer Randy Sabart,reviewed the summaryoffive bids received for the 2021 Street & Utility Improvements. C & L Excavating is the low bidder at $2,520,487.69. An alternate was also included for the improvements in the alley for the utility work to be done for the old police/fire station. C & L Excavating was also the low bidder for the alternate bid. Both of the bids by C&L Excavating came in under the engineers estimates. The action before the Council is to award the bid for the 2021 Street & Utility Improvements to C&L Excavating. The next steps would then be to schedule pre- construction meetings, issue contracts and inform public on project schedule. The Council discussion included concerns about communication with the two residents living on/near the alley. Loso suggested that someone follow up with them to ensure open communication. When asked, Sabart shared that the City has history of working with C & L Excavating on projects. City Engineer Randy Sabart, provided more detail on the alternate plan for the Council. Loso moved to approve Resolution 2021-039 Awarding Bid, both base and alternate for the 2021 Street & Utility Improvements to C&L Excavating; seconded by Beniek and passed unanimously. Sabart informed the Council that because this project was bid as a State Aid Process Project and some of the streets are eligible for reimbursement from the Municipal State Aid Account. The State requires testing services be performed separately from the overall contract. On a locally funded project those testing services are rolled into the contract; with a state aid project - they are broken out separately. The action is to approve Braun Intertec to conduct construction material testing. Beniek made a motion to approve the project proposal from Braun Intertec to conduct construction material testing for the project; seconded by Schultz and passed unanimously. Sabart explained that the Professional Services Agreement for Council action is specific to this project and covers the construction, administration, staking, observation of the work during construction, and preparation of record drawings/mapping system updates associated with the construction phase of the proposed infrastructure improvements and second phase of engineering services. Loso moved to approve the Professional Services Contract for the 2021 Street & Utility Improvements; seconded by Beniek and passed unanimously. Drought Warning – Watering Ban: Administrator Therese Haffner shared that the Minnesota DNR has determined that the state is in a drought warning phase. The MN DNR requested that cities implement water restrictions such as restricting use to 50% above January levels, by restricting or banning non- essential outdoor water use. A summary of water use shows that St. Joseph is over the restriction levels, however aquifers are showing signs of drought. Although the City is able to accommodate the water needs, a water ban would help to get closer to the DNR goals. These levels are being monitored. Haffner shared what neighboring communities are doing and what they anticipate. The City currently has odd/even restrictions in place, with house numbers watering on the day that coincides with their house number. Council discussed how this would impact flowers, gardens, newly planted trees, ballfields and residents with existing wells. The process that was used in past watering bans was also discussed. It was decided that that same permitting process be put in place. The ban will prohibit all outdoor sprinkling/watering of lawns by mechanical or automatic means. It would allow the watering of flowerbeds, gardens and newly planted trees must adhere to the odd/even watering July 19, 2021 Page 3 of 3 schedule. Properties that have new sod or seed and properties using private wells must obtain a watering permit from the City for irrigation during the outdoor water ban period. The ballfields are exempt until the end of the season. rd Loso motioned to Implement a Water Ban, effective Friday, July 23; seconded by Schultz and passed unanimously. Department Reports: The department heads presented their monthly reports. Mayor Reports:None Closed Meetings: Schultz motioned to enter into two consecutive Closed Meetings: Pursuant to MN Statute 13D.05, Subd3B, the City Council will meet in closed session to discuss pending litigation with Tom Opatz, LLC; seconded by Beniek and passed unanimously. Pursuant to MN Statute 13D.05, Subd 3C, the City Council will meet in closed session to discuss terms of a purchase agreement for the sale of a portion of PID 84.53843.0005 owned by the City of St. Joseph. Motion was seconded by Beniek and passed unanimously. Adjourn: Beniek made a motion to adjourn at 7:24 PM; seconded by Schultz and passed unanimously. Kayla Klein City Clerk Council Agenda Item 4b MEETING DATE:August 2, 2021 AGENDA ITEM: Gambling Permit SUBMITTED BY: Administration BACKGROUND INFORMATION: The City Council must review and accept gambling permits that will allow lawful gambling at specific sites. An application was received from the St. Cloud Boxing & Wrestling Club to have an event to be held at the La Playette Bar on October 23, 2021. BUDGET/FISCAL IMPACT: None ATTACHMENTS: Application Resolution 2021-042 REQUESTED COUNCIL ACTION: Adopt Resolution 2021-042 approving the application to conduct off-site gambling for the St. Cloud Boxing & Wrestling Club. CITY OF ST. JOSEPH RESOLUTION 2021-042 APPROVING APPLICATION TO CONDUCT OFF-SITE GAMBLING FOR ST. CLOUD BOXING & WRESTLING CLUB WHEREAS, Ordinance 602 of the St. Joseph Code of Ordinances outlines the regulations regarding lawful gambling activities, and WHEREAS, the St. Cloud Boxing & Wrestling Club has submitted the required application, and WHEREAS, the St. Cloud Boxing & Wrestling Club has historically complied with all the requirements of Ordinance 602 of the St. Joseph Code of Ordinances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: by the City Council for the City of St. Joseph that the application from the St. Cloud Boxing & Wrestling Club to conduct off-site gambling on October 23, 2021 at La Playette Bar, 16 College Ave N, St. Joseph, MN 56374, is hereby approved. Adopted by the council this ______ day of __________________, 2021. Rick Schultz, Mayor ATTEST Therese Haffner, Administrator Council Agenda Item 4c MEETING DATE: August 2, 2021 AGENDA ITEM: Police Officer Hire SUBMITTED BY: Administration/Police BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Staff and the Personnel Committee recommend hiring Reece Riegel. BACKGROUND INFORMATION: Staff and the Personnel Committee interviewed four applicants for the open Police Officer position due to a resignation. BUDGET/FISCAL IMPACT: Budgeted ATTACHMENTS: N/A REQUESTED COUNCIL ACTION: Approve the hiring of Reece Riegel as Police Officer at Grade 9, Step 1 at $24.48 per hour on the wage scale. Council Agenda Item 6 MEETING DATE:August 2,2021 AGENDA ITEM: Public Hearing - Delinquent Accounts Proposed Assessment SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: The attached listing includes addresses over three periods delinquent on their utility bills and unpaid final accounts. City ordinance allows utility bills over three periods past due to be certified to taxes. With the peacetime emergency just ending, staff recommends certifying the accounts to avoid adding additional penalties and interest. This will also assist the people from extreme bills and unable to get caught up before we shut off water starting in September. A couple items are unpaid, delinquent general invoices. A 14-day notice of the pending assessment has been given to the affected property owners. The public hearing notice was also placed in the St. Cloud Times. Other collection measures have been taken prior to collection under MN § 429.101. The property owners will be given until September 3, 2021 at 10:00am to pay their delinquent invoices prior to sending the assessment to Stearns County for collection. Staff recommends waiving the $50 assessment fee due to hardships with the peacetime emergency. BUDGET/FISCAL IMPACT: up to $3,639.71 in various funds ATTACHMENTS: Resolution 2021-041 Adopting Assessment Outstanding Invoices Delinquent Account Listings Public Hearing Notice REQUESTED COUNCIL ACTION: Hold public hearing Motion: Adopt Resolution 2021-041 certifying the delinquent accounts as presented with a one installment payment in 2022, 0% interest charge, waiving the $50 certification fee per item for accounts. Resolution 2021-041 Resolution Adopting Assessment Outstanding Invoices WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the outstanding fees relating utility services. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment for all items shall be payable in equal annual installments extending over a period of 1 year, 0% interest rate, with the first of the installments to be payable on or before the first Monday in January 2022. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property. 5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. nd Adopted by the council this 2 day of August, 2021. Rick Schultz, Mayor ATTEST Therese Haffner, Administrator Delinquent Accounts - Potential for Certification PH 8-2-21 AccountServAddrBalance 0700000958003405IRISLANEE482.28 020000054300224BIRCHSTE489.92 05000005330021298thAveSE763.27 05000005440061139thAveSE718.87 0400000542003120MINNESOTASTE803.68 WaterLidCover100.50 20210027 poolfill281.19 20210028 3,639.71 CITY OF ST. JOSEPH PUBLIC HEARING Notice is hereby given that the Council will meet at or shortly thereafter at 6:00 pm on August 2, 2021 in the City Hall Council Chambers to consider, and possibly adopt, the proposed assessment for delinquent City invoices. Adoption by the Council of the proposed assessment may occur at the hearing. The proposed assessment role is on file for public inspection at the City Clerk’s office. The total amount of the proposed assessment is $3,639.71. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minn. Stat. 429.081 by serving notice of the appeal upon the mayor or clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. Therese Haffner Administrator Publish: July 17, 2021 Council Agenda Item 7 nd MEETING DATE: August 2, 2021 AGENDA ITEM: Ord 502 Amendment, Sign Ordinance SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission recommends approval of the proposed sign ordinance amendment. The Planning Commission conducted a public hearing on May 10, 2021 on the proposed sign ordinance amendment - no comments were received. PREVIOUS COUNCIL ACTION: Council directed staff at the July 6, 2021 meeting to bring back the proposed amendment with the zoning district map and current sign corridor exhibit. BACKGROUND INFORMATION: Staff is proposing one change to the sign code. The change will result in clearer language that prohibits electronic 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 (dynamic) signs in downtown meets the recommendations in the Downtown Design Standards plan and expectations of allowable signs in the downtown area. ATTACHMENTS: Ordinance 2021-011 Amending Ordinance 502, Section 502.11 Resolution 2021-043 Approving Summary Publication Signs Corridor Location Map Exhibit Zoning District Map REQUESTED COUNCIL ACTION: Motion 1: Approve Ordinance 2021-011 Amending Ordinance 502, Section 502.11 Signs Motion 2: Approve Resolution2021-043Summary Publication ORDINANCE NO.2021-011 AN ORDINANCE AMENDING ORDINANCE 502, SECTION 502.11 New language is underlined IT IS HEREBY ORDAINED BY THE COUNCIL OFTHE CITY OF ST. JOSEPH MINNESOTA: That Ordinance 502, Section 502.11is hereby 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 need for 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 and promote 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) Improve the 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 regulations set 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 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 the aesthetics 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 on the 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 reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this Sign Ordinance. The City Council hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that 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 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. 502.11-3 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, 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. 502.11-4 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. 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. 502.11-5 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 nonmechanical 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)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. 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 anysigns 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.); 502.11-6 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 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 502.11-7 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 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)Signsthat 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 themaximum total permitted wall sign area for the building. 502.11-8 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. 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 thesmallest rectangular figure which can be made to circumscribe the message, figure, or symbol displayed thereon. 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, scrolling or 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. 502.11-9 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 of the following areas: a. Residential zoning district b. B-1 zoning district c. Downtown Service Signage area as defined in Subd. 21 of this Ordinance, except for those properties zoned B-2 and B-3. 3. Dynamic sign displays shall be permanent signs. 4. No dynamic sign display shall change more than one time per three (3) second period. 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. Subd. 13: Temporary Signs. 502.11-10 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 oftime 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 bythe 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. 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. 502.11-11 b) 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. c) 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. d) R-3 Multiple Family Residential District and R-4 Townhouse/Patio Home 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 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. 502.11-12 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 buildings may have one flat wall sign. Such signage may extend from the face of the roof over a covered walk. Such wall signs shall not exceed 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. 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 Monument Signs. One (1) monument sign 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 than ten (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 502.11-13 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. 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 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. 502.11-14 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. 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. e) 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: 502.11-15 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. f) Maximum Freestanding Sign height is twenty (20) feet above ground. 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 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. 502.11-16 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. 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, 502.11-17 shopping centers, shopping malls, and subdivided retail, office or industrial buildings offered for lease or condominiumownership. 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. 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. 502.11-18 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. g)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 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 acomprehensive sign plan after receiving a recommendation from the Planning Commission. 6. Criteria for Special Use Permit review: 502.11-19 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. 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. 502.11-20 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 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 502.11-21 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 inthe 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 corridors elsewhere 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 messages within 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 College Avenue and CSAH 75 are not included in the Downtown Service Signage Area. c) Off-premise signs shall be permitted by Conditional Use Permits on 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 502.11-22 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 are prohibited. 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 building or structure. i) Off-premise signs shall be maintained in good, upright condition and sign faces shall be kept free of sagging or 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. Subd. 22: Portable Signs. a) Definition. A portable sign is one that is movable from one location to another 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. 502.11-23 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 ordinancewas 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. 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 502.11-24 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; 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; 502.11-25 7. Certification by applicant indicating the application complies with all requirementsof 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 maintainedby 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 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. 502.11-26 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. This ordinance becomes effective from and after its passage and publication. Passed by the City Council of St. Joseph, Minnesota the 2ndday of August,2021 Rick Schultz, Mayor ATTEST Therese Haffner, City Administrator This amendment was published on , 2021. 502.11-27 RESOLUTION 2021-043 RESOLUTION APPROVING SUMMARY PUBLICATION 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 amendment. Ordinance 502, Section 502.11 Signs The ordinance amendment prohibits dynamic displays in B-1 and Downtown Service Signage areas. A printed copy of the entire ordinance is available for inspection by any person at the office of City Clerk, Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. or on the City’s website at www.cityofstjoseph.com. This document hereby is made a part of this ordinance and is attached hereto. RickSchultz, Mayor ATTEST: Therese Haffner, City Administrator SEAL PUBLISHED IN THE ST. CLOUD TIMES ON , 2021. 4 RS Dr W Crestvi ew Dr o ildwo W 322nd St 2 RS 320th St 320th St 133 RS Mullen Rd N 3 S R St abel Is 75 S R Elm S t E Elm St E edarSt eNE v 5thSt 133 S R 134 134 Q P PQ EAbl 2 RS 75 RS 134 StE RS Dale S t E e Dal St ale E D 51 RS El th St 295 Hill St W 3rd St S 121 PQ 4th S t S t 290th S Agricultural 138 94 RS Supportive Care District Central Business District Educational and Ecclesiastical General Business Mea Highway Business Light Industrial Public lare Dr Belc Future Public 23 ?A Single Family Residential Two Family Residential Multiple Family Residential Rural Residential 137 S R Townhouse - Patio Home Residential (PUD) Planned Unit Development 03,0006,0001,500 Feet This map is neither a legally recorded map nor a survey map and is not intended to be used as one. This map is a compilation of records, information, and data gathered from various sources listed on this map and is to be used for reference purposes only. SEH does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and SEH 139 does not represent that the GIS Data can be used for navigational, tracking, or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of PQ geographic features. The user of this map acknowledges that SEH shall not be liable for any damages which arise out of the user's access or use of data provided. 94 Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Print Date: 7/12/2021 FIGURE 1 ZONING DISTRICTS St. Joseph, Minnesota CouncilAgenda Item MEETING DATE: August 2, 2021 AGENDA ITEM: Sale of Property - Portion of PID: 84.53843.0005 SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission reviewed the potential sale of this property during their February 8, 2021 meeting and adopted a finding that the sale is in compliance with the City’s Comprehensive Plan. The EDA supports the sale and renovation proposed by Shannon Wiger. PREVIOUS COUNCIL ACTION: February 1, 2021: City Council discussed the future of the old police station and fire hall at a work session. City Council directed staff to move forward with researching options for the potential sale and bring back findings to the City Council. On March 15, 2021: City Council approved moving forward with selling the buildings together through an RFP process. April 19, 2021: City Council approved the RFP on April 19, 2021 for the renovation and sale old Police Station and Fire Hall. June 21, 2021: City Council approved moving forward with drafting a purchase agreement with Shannon Wiger contingent on input from the EDA. July 19, 2021: City Council reviewed the terms of the sale in a closed session. st BACKGROUND INFORMATION: Located at 1Ave. NW, west of the St. Joe Meat Market, the old police station was built in 1920 and the old fire hall (garage) was built in 1985. The police station building has been sitting vacant since 2017, while Bad Habit leases the old fire hall for storage. The water treatment plant located behind the fire hall was built in 1985 and is not a part of the proposed sale as it is still in operation. Upgrades to the water treatment plant were made in 2017 with an anticipated life of about 20 years. The buildings require renovation as they are not move in ready. The property zoned B-1 Central Business District (downtown) is identified in the City’s Comprehensive Plan as a redevelopment area. Shannon Wiger, President of College & Minnesota, LLC, has successful experience in numerous renovation/redevelopment projects, including her most recent one in St. Joseph on the northwest corner of MN St. and College Ave. Ms. Wiger’s concept plan submitted in response to the RFP has architectural features in line with the City’s Downtown Design Standards, and Comprehensive Plan. A purchase agreement has been drafted and reviewed by the City’s attorney. The sale would require the platting of the property and entering into a development agreement. ATTACHMENTS: Resolution 2021-044 Purchase Agreement REQUESTED COUNCIL ACTION: Motion 1: Adopt Resolution 2021-044 approving the purchase agreement and authorizing the sale of the property with the terms as identified. Motion 2: Approve SEH to complete survey and prepare plat. RESOLUTION 2021-044 A RESOLUTION AUTHORIZING THE SALE OF PROPERTY A PORTION OF TOWNSITE OF ST. JOSEPH WHEREAS, the City has an interest in selling property owned by the City of St. Joseph, and; WHEREAS, the City has negotiated a Purchase Agreement with College & Minnesota, LLC, for the sale of property identified as a portion of 84.53843.0005 and Townsite of St. Joseph, Stearns County, Minnesota for the sale price of $115,000; and WHEREAS, the City Council has reviewed the terms of the purchase of the property and it is the finding of the City Council that it is in the best interests of the City and its residents that the City sell the property on the terms proposed; and WHEREAS, the parties now desire to close on said sale; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA AS FOLLOWS: 1. That the sale of the real property described as a portion of 84.53843.0005 and Townsite of St. Joseph, Stearns County, Minnesota is authorized. That the Mayor and City Administrator are hereby authorized to close on the purchase of the property pursuant to the terms of the Purchase Agreement. 2.The terms of the purchase include: a. The purchase price to be paid by Buyer to Seller (City) is $115,000. b. Purchaser shall deposit with the Title Company the sum of $5,000 (Earnest Money). c. Closing on or before December 15, 2021. d. A Development Agreement memorializing the obligations of the Buyer with regard to developing the property in accordance with Buyer’s proposal dated May 18, 2021. e. Seller shall pay all state deed tax for the recording of the deed. f. Buyer will pay the cost of recording the deed. Seller shall pay the cost of recording any documents necessary to perfect its own title. g. Seller shall be responsible for all costs associated with the Survey. nd Adopted by the City Council of the City of St. Joseph this 2 day of August, 2021. Rick Schultz, Mayor ATTEST: Therese Haffner, City Administrator PURCHASE AGREEMENT THIS PURCHASEAGREEMENT (“Agreement”)is made this ____ day of ___________________, 20____, by and between the City of St. Joseph, Minnesota, a municipal corporation under the laws of the State of Minnesota (the “Seller”), and College & Minnesota, LLC, a limited liability company under the laws of the State of Minnesota, PO Box 817, St. Joseph, Minnesota 56374 (the “Buyer”); (collectively the “parties”). In consideration of the covenants and agreements of the Parties hereto,Seller and Buyer agree as follows: 1. SALE OF PROPERTY. Upon and subject to the terms and conditions of this Agreement, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the following: a. Real Property. A portion of PID No. 84.53843.0005 in the City of St. Joseph, Stearns County, Minnesota,excluding the City of St. Joseph’s water treatment plant, approximately depictedon the attached Exhibit A (the “Property”). 2. PURCHASE PRICE AND MANNER OF PAYMENT. The total purchase price (“Purchase Price”) to be paid by Buyer to Seller for the above stated property is One Hundred Fifteen Thousand and No/100ths ($115,000.00) Dollars, which amount shall be paid as follows: a. $5,000.00 as earnest money; receipt of which is hereby acknowledged by Seller (the “Earnest Money”); and b.$110,000.00 in immediately available funds, on the Closing Date. 3. CLOSING. The closing of the purchase and sale contemplated by this Agreement (the “Closing”) shall occur on or before December 15, 2021 unless another date is otherwise agreed upon by the parties in writing (the “Closing Date”). The Seller agrees to deliver possession not later than the Closing Date provided that all the contingencies and other terms and conditions contained in this Agreement have been complied with and satisfied. The Closing shall take place at the St. Joseph Government Center or the Title Company, as hereinafter defined, or at such other place as may be agreed to mutually by the Parties. a. Seller’s Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, “Seller’s Closing Documents”): i.Quit Claim Deed. A Quit Claim Deed in substantially similar form to the deed attached hereto as Exhibit B. The Quit Claim Deed to be issued by the City shall include a legal description of the property, to becreated following the subdivision of (PID# 84.53843.0005), as described in Section 5. The Quit Claim Deed shall contain the following restrictions, covenants, and conditions: 1 of 8 1.Subject to all easements, restrictions, and reservations of record, and further subject to newly created easements for public utilities existing on, over, or under the real property; and ii.Other Affidavits. Any other affidavits or certificates that may be required under Minn. Stat.§ 116.48, Subd. 6, or Sect. 115B.16 or other provisions of law. iii.Other. Such other documents as may reasonably be required to transfer fee title to the Property to Buyer. b.Buyer’s Closing Documents.On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, “Buyer’s Closing Documents): i.Purchase Price. The Purchase Price, less the Earnest Money,in immediately available funds. ii.Development Agreement. A Development Agreement memorializing the obligations of the Buyer with regard to developing the property in accordance with Buyer’s proposal dated May 18, 2021. 4.CONDITIONS PRECEDENT. The obligations of the Parties to perform under this Purchase Agreement are contingent upon the timely occurrence or satisfaction of eachof the following conditions prior to or on the Closing Date: a.The Property to be sold shall be subdivided out of TOWNSITE OF ST JOSEPH PID# 84.53843.0005, as described in Section 5. b. On the Closing Date, title to the Property shall be acceptable to Buyer subject to and in accordance with the provisions of Section 8 regarding title examination. c. The representations and warranties of Seller shall be true and correct in all material respects up through and including the Date of Closing. d. The Parties understand and agree that the purchase of the Property is contingent upon approval by the City Council of the City of St. Joseph. The contingencies in this section are solely for the benefit of, and may at any time be waived by, the Party so benefitted. If any approval as provided herein is not obtained by the Closing Date, this Agreement shall be null and void. 5. SUBDIVISION. Seller shall arrange for the subdivision of PID# 84.53843.0005, so that the Property shall constitute a unique parcel with its own legal description (the “Subdivision”) and tax parcel identification number. As an essential part of the Subdivision process, Seller shall arrange for a licensed surveyor to complete a survey of PID# 84.53843.0005 and the boundaries of the Property to be sold (the “Survey”). Seller 2 of 8 acknowledges and agrees that it shall be solely responsible for all costs associated with the Survey (the “Survey Costs”). 6. PURCHASE, AS-IS. The Property described in this Purchase Agreement is being sold in an “as is” and with “all faults” condition. Buyer hereby acknowledges that Buyer has had an opportunity to inspect the Property prior to the execution of this Purchase Agreement. Buyer’s acceptance of title to the Property shall represent Buyer’s acknowledgment and agreement that, except as expressly set forth in this Purchase Agreement: (i) Seller has not made any written or oral representation or warranty of any kind with respect to the Property (including without limitation express or implied warranties of title, merchantability, or fitness for a particular purpose or use), (ii) Buyer has not relied on any written or oral representation or warranty made by Seller, its agents or employees with respect to the condition or value of the Property, (iii) Buyer has had an adequate opportunity to inspect the condition of the Property, including without limitation any environmental testing, and to inspect documents applicable thereto, and Buyer is relying solely on such inspection and testing, and (iv) Seller has not made any written or oral representation or warranty regarding whether the condition of the Property is fit for Buyer’s intended use. Buyer agrees to accept all risk of Claims (including without limitation all Claims under any Environmental Law and all Claims arising at common law, in equity or under a federal, state or local statute, rule or regulation) whether past, present or future, existing or contingent, known or unknown, arising out of, resulting from or relating to the condition of the property, known or unknown, contemplated or uncontemplated, suspected or unsuspected, including without limitation, the presence of any Hazardous Substance on the Property, whether such Hazardous Substance is located on or under the Property, or has migrated or will migrate from or to the Property. a. For purposes of this Section, the following terms have the following meanings: i.“Environmental Law” means the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. §9601 et seq. the Federal Water Pollution Control Act, 33 U.S.C. §1201 et seq., the Clean Water Act, 33 U.S.C. §1321 et seq., the Clean Air Act, 42 U.S.C. §7401 et seq., the Toxic Substances Control Act, 33 U.S.C. §1251 et seq., all as amended from time to time, and any other federal, state, local or other governmental statute, regulation, rule, law or ordinance dealing with the protection of human health, safety, natural resources or the environment now existing and hereafter enacted; and ii.“Hazardous Substance” means any pollutant, contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, radioactive material, chemical known to cause cancer or reproductive toxicity,polychlorinated biphenyl or any other chemical, substance or material listed or identified in or regulated by any Environmental Law. 3 of 8 iii.“Claim” or “Claims” means any and all liabilities, suits, claims, counterclaims, causes of action, demands, penalties, debts, obligations, promises, acts, fines, judgment, damages, consequential damages, losses, costs, and expenses of every kind (including without limitation any attorney’s fees, consultant’s fees, costs, remedial action costs, cleanup costs and expenses which may be related to any claims). 7. WELLS AND INDIVIDUAL SEWAGE TREATMENT SYSTEMS. The Seller certifies that the Seller does not know of any wells or individual sewage treatment systems on or serving the Property described herein. 8. PRORATIONS. Seller and Buyer agree to the following prorations and allocation of costs regarding the Property and this Agreement. a. Deed Tax. Seller shall pay all state deed tax for the recording of the deed. b. Real Estate Taxes and Special Assessments. Real estate taxes and any special assessments payable in the year of Closing shall be prorated between Seller and Buyer to the Closing Date. The Buyer shall pay real estate taxes and any special assessments payable therewith in all subsequent years. c. Recording Costs. Buyer will pay the cost of recording the Deed. Seller shall pay the cost of recording any documents necessary to perfect its own title. d. Other Costs. All other operating costs of the Property will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs accruing on or before the Closing Date, and Buyer pays that part of such operating costs accruing after the Closing Date. e.Attorneys’ Fees.Each of the parties will pay its own attorneys’ fees under this Agreement. f.Utility Separation.Buyer shall pay the cost of separating the utilities serving the building to be purchased by Buyer from the building retained by Seller. g.Shared Roof.The costs for future roof repairs/replacementfor the shared roof system on the buildings known as the old fire hall and City water treatment plant will be allocated between the Seller and Buyer, which shall be prorated based on floor area ownershipbased on the plat dimension. The Buyer shall pay all costs on the building known as the old police station where there is a separate roofsystem. Seller and Buyer will enter into an agreement memorializing the terms of the shared maintenance which will include a dispute resolution mechanism to resolve any dispute about the extentor timing of maintenance work. 9.TITLE EXAMINATION. 4 of 8 a.The Delivery of the Title Commitment.Buyer may obtain, at its option and expense, a commitment for an owner’s policy of title insurance. Buyer shall pay all costs associated with obtaining title insurance including, but not limited to, updating the abstract, if any, or obtaining a new registered property abstract of title for the Property, title insurance premiums and title examination fees (hereinafter the “Title Commitment”), issued by a Title Insurance Company authorized to do business in the State of Minnesota and approved by Buyer (hereinafter the “Title Company”). The Title Commitment shall be based upon the description of the Property provided herein, which may be updated, at Buyer’s election and expense, following Seller’s completion of the subdivision pursuant to Section 5 above, and shall show fee title in the Seller, subject only to those encumbrances waived in writing by Buyer, and shall provide for extended coverage risks and include special endorsements for zoning, contiguity and such other matters as Buyer may request. b. The Making and Curing of Title Objections. Buyer shall be allowed fifteen (15) days after receipt of the Title Commitment in which to make objections to the content of the commitment, said objections to be made in writing. If there are any objections to the title which are not remedied by the Closing Date, the Seller shall have sixty (60) days from the date of receipt of said written objections in which to remedy said objections. c. The Consequences of Failing to Cure Title Objections. If said objections are not remedied within sixty (60) days from the date of Seller's receipt of said objections, then Buyer shall have the following two alternatives: i. Buyer may waive said objections and proceed to Closing and accept title to said Property; or ii. Buyer may declare this entire transaction to be null and void and terminate this Agreement, in which event the Seller shall refund the Earnest Money to Buyer. 10.ENTIRE AGREEMENT; MODIFICATION.This written Agreement constitutes the complete agreement between the Parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in writing executed by the Parties. 11. BINDING EFFECT. This Agreement binds and benefits the parties and their successors and assigns. 12. CONTROLLING LAW. The Parties acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel, and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular 5 of 8 language of this Agreement. The Parties have equal bargaining power, and intend the plain meaning of the provisions of this Agreement. In the event of an ambiguity in or dispute regarding the interpretation of this Agreement, the ambiguity or dispute shall not be resolved by application of any rule that provides for interpretation against the drafter of the Agreement. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 13. DATES AND TIME PERIODS. Should the date for the giving of any notice, the performance of any act, or the beginning or end of any period provided for herein fall on a Saturday, Sunday or legal holiday, such date shall be extended to the next succeeding business day which is not a Saturday, Sunday or legal holiday. 14. NOTICES. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller; or if it is directed to Buyer, by delivering to a partner of Buyer; or if mailed by United States registered or certified mail; return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Buyer: Shannon Wiger, President College & Minnesota, LLC P.O. Box 817 St. Joseph, Minnesota 56374 If to Seller: Therese Haffner, City Administrator City of St. Joseph 75 Callaway Street E St. Joseph, Minnesota 56374 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run two (2) business days after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified. 15. REMEDIES. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within thirty (30) days after receipt of such written notice, this Agreement will terminate, time being of the essence of this Agreement, and the Earnest Money shall be retained by Seller. The termination of this Agreement will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages. If Seller defaults under this Agreement, Buyer may terminate the Agreement, and therewith receive a refund of the Earnest Money, upon thirty (30) days’ written notice to Seller (Seller having cure rights during the 30-day period), and neither Party shall have any further rights or obligations hereunder. 6 of 8 16.MISCELLANEOUS PROVISIONS. a. Voluntary and Knowing Action. The Parties, by executing this Agreement, state that they have carefully read this Agreement and understand fully the contents thereof; that in executing this Agreement they voluntarily accept all terms described in this Agreement without duress, coercion, undue influence, or otherwise, and that they intend to be legally bound thereby. b. Authorized Signatories. The Parties each represent and warrant to the other that (1) the persons signing this Agreement are authorized signatories for the entities represented, and (2) no further approvals, actions or ratifications are needed for the full enforceability of this Agreement; each party indemnifies and holds the other harmless against any breach of the foregoing representation and warranty. c. Data Practices. The Parties acknowledge that this Agreement is subject to the requirements of Minnesota’s Government Data Practices Act, Minnesota Statutes, Section 13.01 et seq. d. Assignment. This Agreement may not be assigned by either Party without the written consent of the other Party. e. Headings and Captions. Headings and captions contained in this Agreement are for convenience only and are not intended to alter any of the provisions of this Agreement and shall not be used for the interpretation of the validity of the Agreement or any provision hereof. f. Survival. The respective covenants, agreements, indemnifications, warranties and other terms of this Agreement will survive and be in full force and effect after the Closing and shall not be deemed to have merged into any of the Closing Documents. g. Other Documents. Each Party to this Agreement agrees, both at the Closing and after the Closing, to execute such other documents as may be reasonably requested by the other party in order to complete the transactions contemplated by this Agreement. h. Counterparts. This Purchase Agreement may be executed in counterparts, each of which shall be deemed an original, and which together shall constitute a single, integrated contract. 17. SELLER’S TRANSACTION APPROVAL. Seller’s obligation to perform hereunder is contingent upon Seller obtaining, before the Closing Date, approval of the transaction contemplated by this Agreement by the City Council of the City of St. Joseph, Minnesota. Notwithstanding anything in this Agreement to the contrary, if such approval has not been obtained by the Closing Date, this Agreement shall be null and void, and in this event Seller will return the Earnest Money paid by Buyer. Execution of this Agreement by any 7 of 8 person on behalf of the Seller prior to obtaining the necessary approvals provided herein shall not confer any personal authority nor create any personal liability on the signer for the obligations of Seller under this Agreement. \[Signature pages to follow\] 8 of 8 IN WITNESS WHEREOF, Seller and Buyer have caused this Agreement to be executed effective as of the day and year first set forth above. SELLER: CITY OF ST. JOSEPH Date: ________________________ By: _________________________________ Rick Schultz, Mayor Date: ________________________ By: _________________________________ Therese Haffner, City Administrator STATE OF MINNESOTA) ) ss. COUNTY OF STEARNS ) The foregoing instrument was acknowledged before me this ____ day of __________, 20___, by Rick Schultz, as Mayor, and Therese Haffner, as City Administrator, for the City of St. Joseph, Minnesota, a municipal corporation under the laws of the state of Minnesota, Seller. _________________________________ Notary Public Signature page to Purchase Agreement between City of St. Joseph and College & Minnesota, LLC BUYER: COLLEGE & MINNESOTA, LLC BY:_________________________________ Shannon Wiger, President STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) The foregoing instrument was acknowledged before me this ____ day of __________, 20___, by Shannon Wiger, as President of College & Minnesota, LLC, a limited liability company under the laws of the state of Minnesota, Buyer. _________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF ST. JOSEPH 75 Callaway St. E St. Joseph, MN 56374 Signature page to Purchase Agreement between City of St. Joseph and College & Minnesota, LLC EXHIBIT A APPROXIMATE DEPICTION OF PROPERTY Exhibit A to Purchase Agreement between City of St. Joseph and College & Minnesota, LLC EXHIBIT B FORM OF QUIT CLAIM DEED (Top 3 inches reserved for recording data) QUIT CLAIM DEED eCRV number: __________________ DEED TAX DUE: $DATE: ______________, 20___ FOR VALUABLE CONSIDERATION, the City of St. Joseph, Minnesota, a municipal corporationunder the laws of the state of Minnesota (“Grantor”), hereby conveys and quitclaims to College & Minnesota, LLC, a limited liability company under the laws of the State of Minnesota (“Grantee”), real property in StearnsCounty, Minnesota, legally described as: \[Updated l egal description to be included here\] Subject to all easements, restrictions, and reservations of record, and further subject to easements for public utilities existing on, over, or under the real property, and further subject to the following restrictions, covenants, and conditions: The Grantor certifies that the Grantor does not know of any wells on the described real property. Grantor City of St. Joseph By: ____________________________ Rick Schultz, Mayor By: ____________________________ Therese Haffner, City Administrator Exhibit B to Purchase Agreement between City of St. Joseph and College & Minnesota, LLC STATE OF MINNESOTA) ) ss. COUNTY OF STEARNS ) The foregoing instrument was acknowledged before me this ____ day of __________, 20___, by Rick Schultz, as Mayor, and Therese Haffner, as City Administrator, for the City of St. Joseph, Minnesota, a municipal corporation under the laws of the state of Minnesota, Seller. _________________________________ Notary Public TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS THIS INSTRUMENT WAS DRAFTED BY: INSTRUMENT SHOULD BE SENT TO: CITY OF ST. JOSEPH College & Minnesota,LLC 75 Callaway St. E P.O. Box 817 St. Joseph, MN 56374St. Joseph, Minnesota 56374 Exhibit B to Purchase Agreement between City of St. Joseph and College & Minnesota, LLC Council Agenda Item MEETING DATE: August 2, 2021 AGENDA ITEM: Architectural Services – Design of Community Center SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: On June 23, 2021, the Community Center Committee discussed the architect proposals and recommended the City Council approve HGA as the architect. PREVIOUS COUNCIL ACTION: The top four architectural firms presented to the City Council and Community Center Committee on June 16, 2021. On July 6, 2021, the Council discussed the proposals and tabled a decision, while directing staff to obtain more detail fee information from HGA. On July 19, 2021, the Council discussed the proposals and directed staff to obtain more detail fee information from HMA Architect. 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 Architectural Services – Design of Community Center Page 1 of 2 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: Consider approving HGA as recommended by the Community Center Committee contingent on an approved contract by the City Council or provide further input and direction to staff. Architectural Services – Design of Community Center Page 2 of 2 CouncilAgenda Item11 MEETING DATE:August 2, 2021 AGENDA ITEM:Acting Mayor SUBMITTED BY:Administration BACKGROUND INFORMATION:With the resignation of Brian Theisen, a new Acting Mayor will need to be appointed. BUDGET/FISCAL IMPACT:None ATTACHMENTS:Mayor Appointments REQUESTED COUNCIL ACTION:Nominate and appoint an Acting Mayorfor the remainder of 2021. CouncilAgenda Item 11 MEETING DATE: August 2, 2021 AGENDA ITEM: Appointments SUBMITTED BY: Administration BACKGROUND INFORMATION: With the resignation of Brian Theisen, a few of the Mayor’s appointments need to be updated. The changes include Appointing Councilmember Jon Hazen to the Hiring Committee, Personnel Committee, and St. Joseph Recreation Association; Appointing Councilmember Loso to Planning Commission and Joint Planning Board; and Appointing Rhonda Juell as the director of the Park Board BUDGET/FISCAL IMPACT: None ATTACHMENTS: Mayor Appointments REQUESTED COUNCIL ACTION: Accept the Mayor appointments as presented. vin Kluesner evin Kluesner Members tbdMayor SchultzKevin KluesnerInspectron IncKelly BeniekTracy SmithMary BrunoPeter GilitzerAaron RielandKim PoganskiPia LopezAnn & Shawn RiesnerLeslie LaneNate KellerKDale Wick Larry Hosch Doug Danielson Mayor SchultzNate KellerDwight PfannensteinJeff TaufenBob LosoTherese HaffnerDoug FredricksonGreg SalkJeff TaufenDavid SalzerPaul PhillippKen JacobsonDan MuyresKeith LouwagieAndy LosoMayor SchultzTherese HaffnerGary DonabauerMayor SchultzJon HazenKeBob LosoKelly BeniekBob LosoChad Hausmann Carmie Mick 20222022202220232023202320212021 Fire Chief \[alternate\] 2021-2022019-20242018-20232018-20232021-2022 City Council EDA DirectorEDA Director City Administrator St. Joseph Township Council voting liaison St. Wendel Township 01-01-21 to 01-01-2301-01-20 to 01-01-2201-01-20 to 01-01-2201-01-21 to 01-01-2301-01-21 to 01-01-22Planning CommissionPlanning Commission 01-01-20 to 01-01-2201-01-21 to 01-01-23 Council non voting liaison Term Length One year term Two Year TermTwo Year TermTwo Year TermTwo Year TermTwo Year TermTwo Year Term Mayoral Appointments Meeting Time & Place 2nd Thursday, 5:00PM, 2nd Monday3rd Tuesday, 12:00 PM, City Hall6 year term, 5 members2nd Tuesday of the following months: February, May, August, November5:30 PM. Fire HallOnly meets for hiring of Department Heads2nd Tuesday, 6:00 PM, Ciy Hall - As needed CaptainCaptainCaptainCaptainCaptain Fire Chief Mayor Administrator Assistant Fire Chief All terms are one year in length unless otherwise noted. Three year terms begin in January and end in January of the cited year. Fire Department Officers Committee Name Acting Mayor APO Policy BoardBuilding Inspector & Compliance OfficerConvention and Visitor BureauEconomic Development AuthorityEmergency Services Director \[Ord 207\]Fire Advisory BoardFire Relief Association -ForesterHiring CommitteeJoint Planning Board (The term illustrates seven years but it expires in January of the seventh year thereby only serving six years.) Members Mike OstermanSentry BankCentral MN Credit UnionRBC FinancialPMA 4MSt. Cloud TimesLinda BuetenhoffAbby LyonAndy RenneckeTim RockyElijah StenmanKeith SchleperRhonda JuellKelly BeniekMayor SchultzJon HazenTherese HaffnerGina DullingerMike OstermanChad Hausmann Anne JarrellCarmie MickMichael RossBob LosoMayor SchultzCity EngineerNate KellerRyan WensmanJon HazenMayor SchultzEric Poissant Director 2019-20212020-20222020-20222020-20222019-20212020-20222021-20232019-20212020-20222021-20232019-2021 Council voting liaison Planning Commission Council non voting liaison St. Joseph Lion Representative Term Length Mayoral Appointments Meeting Time & Place 3rd Monday each month6:00PM, City Hall3 year term, 6 members2nd Monday, 6:00 PM, City Hall3 year term, 7 members1st Sunday of the month - St. Joe Legion All terms are one year in length unless otherwise noted. Three year terms begin in January and end in January of the cited year. years but it expires in January of the fourth year years but it expires in January of the fourth year four four Committee Name Official DepositoriesOfficial Newspaper - Legal NoticesPark and Rec BoardPersonnel Committee \[Non Dept head\]Planning CommissionPolice Commissioner \[Ord 201\]Properties Number Official \[Ord 301\]RSVP BoardSafety CoordinatorSt. Joseph Recreation AssociationWeed Control Commissioner (The term illustrates thereby only serving three years.)(The term illustratesthereby only serving three years.)