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Advertising Signs in Parks - South Tonka Little League T7 5755 CC'JNTRY CLUB ..C..J , -dO. , SOD, MW'''ESOTA 55331-8927 ® (952) 474-3236 FAX (952) 474-0128 @ www.ci.shorewood.mmus W cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 1 July 2009 RE: STLL - Zoning Text Amendment and CUP for Advertising Signs on Ball Field Fences FILE NO. 405(09.01) On 11 May of this year, the City Council adopted a resolution denying a request by South Tonka Little League for an amendment to the Shorewood Zoning Code that would allow advertising signs to be placed on ball field fences. Both the Planning and Park Commissions had previously recommended against such an amendment. The Council then directed staff to explore the possibility of allowing the signs through some sort of contract with STLL. Staff determined that, while a contractual agreement could be drafted, it still requires an amendment to the Zoning Code setting forth the authority to execute such a contract. The Council directed staff to draft a tightly written amendment to the Code that would include a license agreement setting forth the conditions of approval. This amendment is initiated by the Council. Given this direction, staff has suggested an approach whereby a conditional use process would be established (see draft amendment - Exhibit A, attached) listing the very narrow circumstances under which signs would be allowed in the parks. One of the conditions requires the applicant to enter into an annual license agreement with the City (see draft agreement - Exhibit B, attached). This gives the City greater control than just the CUP. There is no vested right in the license from year to year, and if the City decided against allowing the signs in the future, it would simply not issue a license. It should be noted that the amendment adds to the provisions that allow temporary signs. The proposed text is shown in italics on Exhibit A. Paragraph (b) includes several conditions of approval, of which the following are highlighted: ~rw PRINTED ON RECYCLED PAPER TV - random Zoning Text Amendment and. CUP - Signs in. Parks i aly 200} • Placement of signs is limited to Freeman Park (this is the only park classified as a community park in the Comprehensive Plan) • Staff suggests that the backs of the signs be colored/painted dark green The license must be applied for annually ® The licensee must pay permit fees for individual signs Although the City has initiated this amendment, it still requires STLL to obtain a conditional use permit, pursuant to the new provisions of the amendment. Consequently, two public hearings are scheduled for Tuesday night's meeting the first to consider the amendment and the second to consider the specific CUP. Since the amendment was drafted based on the STLL request, they are obviously consistent with the provisions. Unless the amendment is drastically revised, staff recommends approval of the CUP, subject to recommendations of the Park Commission. The amendment and CUP application are scheduled for their 14 July meeting. Cc: Park Commission Brian Heck Mary Tietj en Kristi Anderson Kyle Heitkamp -2- - -A-F-T- CITE' OF SFI REWOO ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1200 OF THE S E OOD CITE' CODE (ZONING) REGARDING TEMPORARY SIGNS Section 1. Section 1201.03 Subd. l l.c.(4) of the Shorewood City Code is hereby amended to read as follows: "(4) Temporary Signs. (a) The temporary use of signs, searchlights, bamlers, pennants and similar devices shall require a permit. The permit shall be valid for ten consecutive days. The permit shall be prominently displayed during the period of validity. Only two temporary permits may be granted for any property within any 12-month period. Temporary signs shall not exceed 32 square feet in area. Any new business that has applied for its permanent business sign may, at the same time, apply for a temporary business sign to be displayed for no longer than 30 days, or until the permanent sign has been erected, whichever comes first. The temporary business sign shall be professionally prepared and shall be no larger than the approved permanent sign. (b) A conditional use permit nzay be granted to nonprofit athletic associations, contracted with the City pursuant to Section 902.06 of this Code, for the display of temporary business sponsorship signs to be placed on certain ball field fences on public property, provided that: (i) A nonprofit athletic association under contract with the City may display signs only on facilities that have been reserved for its use. (ii) Signs may be displayed only in a Community Park, as def ned in the Shorewood Comprehensive Plan. (iii) Signs may be displayed only on outfield fences, facing into the ball field, and situated so as to minimize view of the signs from adjacent residential properties. (iv) All signs must be professionally made, using durable weather resistant material, painted or colored dark green on the back side of the sign. (v) Signs are limited in size to no larger than 42 inches in height and seven feet in length. (vi) There shall be a minimum spacing between signs of seven feet. Exhibit A (vii) T[, 'i; ±m number of signs per ball f eld is 15. (viii) The nonprofit athletic association is responsible for maintaining the signs in good repair. If a sign become detached torn, or vandalized, the association must repair or replace them immediately or the sign will be summarily removed by the City. (ix) The nonprofit athletic association is responsible for any damage to the fence on which it is displayed that is caused by installation or display of the sign. (x) The conditional use permit is subject to review and recommendation by the Shorewood Park Commission. (xi) The nonprofit athletic association must obtain an annual license from the City and enter into a license agreement setting forth the conditions of approval and the duration of the approval. The association shall pay an annual license fee as established by the City Council from time to time. The association shall have no vested right in obtaining licenses from season to season. (xii) It shall be the responsibility of the nonprofit athletic association to obtain a temporary sign permit for each sign to be displayed on ball field fences, prior to erecting the sign. " Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of 2009. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK -2- LICENSE AGREEMENT THIS AGREEMENT, is made this day of 5 2009, by and between the City of Shorewood, a Minnesota municipal corporation (the "City") and South Tonka Little League, a Minnesota non-profit corporation (hereinafter called "Licensee"). RECITALS A. The City is the owner of Freeman Park located in the City of Shorewood, State of Minnesota (the "Park Property"). The Park Property contains a Little League baseball field that has outfield fences ("Outfield Fences"), the location of which are shown on attached Exhibit A. B. Section 1201.03 (4)(b) of the City Code allows nonprofit athletic associations, con- tracted with the City pursuant to Section 902.06 of the City Code to place temporary business spon- sorship signs on certain outfield fences on public property, subject to obtaining a conditional use permit from the City. C. Licensee desires to install and maintain signs on the Outfield Fences. D. The City has granted Licensee a conditional use permit to install and maintain signs on the Outfield Fences, subject to Licensee entering into this Agreement. E. The City is willing to grant Licensee a license to install and maintain signs on the Out- field Fences, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of License. Subject to the terms and conditions hereof, the City hereby grants Licensee a revocable license to use the Outfield Fences during the term of this Agreement, for the purpose of installing and maintaining no more than 15 signs. Licensee accepts the Outfield Fences and Park Property AS IS and WHERE IS with all faults and defects. 2. Term of License. cense granted under Paragraph 1 the parties and shall terminate on This is an annual license. The term of this Agreement and the 11- hereof, shall commence on the date that this Agreement executed by 3. License Fee. Licensee shall pay the City the sum of $ as the fee due and payable to the City in consideration for this Agreement. This license fee is due and payable to the City by Licensee, whether or not Licensee installs Licensee's signs upon the Outfield Fences, and regardless of the actual length of the term of this Agreement. 353945v1 SJS SH230-42 Exhibit B 4. Si Lyn Requirements. (a) Licensee shall use the Outfield Fences only for purposes of displaying not more than 15 signs and for no other purpose. (b) All signs must be spaced at least seven feet apart. (e) All signs must face into the ball field and be situated on the fences so that the view of the signs is minimized from adjacent residential properties. (d) Licensee shall be responsible for applying for and obtaining a temporary sign permit from the City for each of the signs. (e) Each sign's dimensions must not be greater than 3.5 feet in width and seven feet in length. (f) All signs must be professionally made, using durable weather-resistant material. (g) All signs must be either painted or colored dark green on the back sign of the sign. (h) Licensee shall install the signs in a good and workmanlike manner and at Licensee's sole cost and expense and in accordance with all applicable laws and ordinances. Li- censee shall be responsible for any damage to the fence that is caused by the installa- tion or display of the sign. (i) Licensee shall be responsible for any damage that is caused to the Outfield Fences or the Park Property due to Licensee's installation or display of the signs. Licensee shall be responsible for replacing Licensee's signs, in the event that they are damaged from any cause whatsoever. If Licensee fails to immediately maintain the signs or remove damaged signs, the City may remove the signs without providing notice to Licensee. (j) Licensee shall, at Licensee's sole expense, keep and maintain the signs in good condi- tion and repair. 5. Destruction and Restoration. If any or part of the Outfield Fences or the Park Prop- erty is damaged by any casualty, or is affected by any Act of God, whether insured or uninsured, the City shall have no obligation to repair or rebuild the Outfield Fences or other improvements on the Park Property. Licensee will have the option, but not the obligation, to rebuild or repair or to termi- nate this Agreement by exercise of written notice to the City. 6. Indemnity and Insurance. (a) Licensee shall defend, indemnify, and save the City harmless from and against any and all claims, demands, suits, liabilities, costs or expenses, including reasonable at- torneys' fees, incurred or suffered by reason of injury to or death of any person, or loss or damage to property which arise or are caused, directly or indirectly, by Licensee's 353945v1 SJS S11230-42 2 use of the Outfield Fences or the Park Property in connection with Licensee's exercise of its rights under this Agreement. Licensee's use of the Outfield Fences or the Park Property in connection with Licensee's exercise of its rights under this Agreement shall be at Licensee's own risk, and the City shall have no liability to Licensee or any third person for any loss, injury, or damage to any person or property which arises in connection with Licensee's use of the Outfield Fences or the Park Property in connec- tion with Licensee's exercise of its rights under this Agreement. (b) Licensee shall maintain in force during the term of this Agreement, a policy or policies of general liability insurance with a combined single limit of not less than $1,500,000.00 insuring Licensee against bodily injury and property damage occurring on the Park Property in connection with Licensee's exercise of its rights under this Agreement, and naming the City as an additional insured thereon. Licensee shall promptly provide the City with a certificate of insurance evidencing such coverage, before the initial installation of Licensee's signs and thereafter throughout the term of this Agreement. 7. Default. The following events are deemed to be events of default by Licensee under this Agreement: (a) Licensee does or permits to be done anything which creates a lien of record upon the Park Property; and does not cause said lien to be released within 10 days after written notice from the City; or (b) Licensee fails to comply with any other provision of this Agreement and has not cured any failure within 10 days, or such longer period of time as may be reasonably re- quired to cure such default, after the City, by written notice, has informed Licensee of such noncompliance. Upon the occurrence of any of the above events of default, the City may without providing a notice of termination, or without affording Licensee an opportunity to cure (except as to matters which the right to cure is specifically given in this Agreement), may notify Licensee of such default and may, with such notice, retake possession of the Outfield Fences. 8. Notice. Any notice to be given to a party pursuant to this Agreement shall be given as follows: If to the City: City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331-8926 Attention: City Administrator If to Licensee: South Tonka Little League, Inc. 6240 Cypress Drive Excelsior, MN 55331 Attention: 353945v1 SJS SH230-42 3 Any notice which is required under this Agreement will be deemed "given" upon hand deli- very or three days after prepaid posting in the U.S. Mail whichever occurs first. 9. Assignment. Licensee shall not assign its interest under this Agreement or sublicense the Outfield Fences, or any part thereof, without prior consent of the City. 10. No Property Interest. This instrument is not a lease, creates no landlord-tenant rela- tionship, and nothing in this Agreement will be deemed to create any property interest other than as expressed in this Agreement. 11. Liens. Licensee agrees not to suffer or allow any liens to be placed against the Park Property as a result of Licensee's activities during the term of this Agreement, including, without li- mitation, any liens for labor or materials provided for any repair, maintenance, modification, altera- tion or construction of the signs. 12. Surrender of Property. At the expiration or termination of this Agreement, Licensee shall remove all signs and devices attaching the signs from the Outfield Fences. All items not re- moved will be forfeited to and be deemed the exclusive property of the City. 13. Governing Law. The laws of the State of Minnesota will govern the validity and in- terpretation of this Agreement. 14. Binding Effect. This Agreement constitutes the full and final agreement of the parties hereto and may not be amended or changed except by a written instrument executed by both parties hereto. The terms of this Agreement shall bind and benefit the parties hereto and their respective permitted successors and assigns. [The remainder of this page is intentionally left bank] 353945v1 SJS SH230-42 4 IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date first above written. CITY OF SHOREWOOD By: Christine Lizee Its: Mayor By: Brian Heck Its: City Administrator LICENSEE By: Its: 353945v1 SJS SH230-42 5 EXHIBIT A. Location o " Or z ~e° - Fences i to be "iddedi 353945v1 SJS SH230-42