HomeMy WebLinkAbout01/03/2017LAUDERDALE CITY COUNCIL MEETING AGENDA
7:30 P.M. TUESDAY, JANUARY 3, 2017
LAUDERDALE CITY HALL, 1891 WALNUT STREET
The City Council is meeting as a legislative body to conduct the business of the City according
to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council.
Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always
within the prescribed rules of conduct for public input at meetings.
1. SWEARING IN OF NEWLY ELECTED OFFICIALS
2. CALL THE MEETING TO ORDER
3. ROLL CALL
4. APPROVALS
a. Agenda
b. Claims Totaling$31,898.89
5. CONSENT
6. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS
7. INFORMATIONAL PRESENTATIONS/REPORTS
8. PUBLIC HEARINGS
Public hearings are conducted so that the public affected by a proposal may have input into the
decision. During hearings all affected residents will be given an opportunity to speak pursuant to
the Robert's Rules of Order and the standing rules of order and business of the City Council.
9. DISCUSSION/ACTION ITEMS
a. Declaring a City Council Vacancy and Establishing Appointment Process—Resolution
010317A
10. ITEMS REMOVED FROM THE CONSENT AGENDA
11. ADDITIONAL ITEMS
12. SET AGENDA FOR NEXT MEETING
13. WORK SESSION
14. CLOSED SESSION
a. Discussion of Pending Litigation(Rocket Outdoor Advertising,LLC v. City of
Lauderdale).
15. ADJOURNMENT
Rte„
LAUDERDALE COUNCIL
ACTION FORM
Action Requested Meeting Date January 3,2017
Consent ITEM NUMBER Swearing In Ceremony
Public Hearing
Discussion STAFF INITIAL
I
Action
Resolution APPROVED BY ADMINISTRATOR
Work Session
DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION:
This year's swearing in ceremony may seem a little odd because it won't be at a regularly
scheduled city council meeting but please bring family and friends. Heather will administer
the oaths and have you sign them after your swearing in.
We had hoped to have the carpet project done by the meeting but ran into some issues so
unfortunately the Council Chambers will look a little out of sorts. I can explain further at
the meeting.
STAFF RECOMMENDATION:
CITY OF LAUDERDALE
LAUDERDALE CITY HAL-L4' i``- 1891 WALNUT STREET
L 2_I" -, = LAUDERDALE, MN 551 1 3
e
651-792-7650
651-631-2066 FAX
Request for Council Action
To: Mayor and City Council
From: City Administrator
Meeting Date: January 3, 2017
Subject: List of Claims
The claims totaling $31,898.89 are provided for City Council review and approval which
includes check numbers 25167 to 25188.
Accounts Payable
Checks by Date - Detail by Check Date Y
User: heather.butkowski
Printed: 12/30/2016 4:33 PM
ti
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH 43 Public Employees Retirement Association 12/16/2016
PR Batch 52500.12.2016 PERA Coordinated PR Batch 52500.12.2016 PER 878.22
PR Batch 52500.12.2016 PERA Coordinated PR Batch 52500.12.2016 PER 1,013.32
Total for this ACH Check for Vendor 43: 1,891.54
ACH 44 Minnesota Department of Revenue 12/16/2016
PR Batch 52500.12.2016 State Income Tax PR Batch 52500.12.2016 Stats 480.41
Total for this ACH Check for Vendor 44: 480.41
ACH 45 ICMA Retirement Corporation 12/16/2016
PR Batch 52500.12.2016 Deferred Comp PR Batch 52500.12.2016 Def( 1,841.92
PR Batch 52500.12.2016 Deferred Comp PR Batch 52500.12.2016 Defi 848.77
Total for this ACH Check for Vendor 45: 2,690.69
ACH 46 Internal Revenue Service 12/16/2016
PR Batch 52500.12.2016 Medicare Employer Po PR Batch 52500.12.2016 Mec 231.95
PR Batch 52500.12.2016 FICA Employer Portio: PR Batch 52500.12.2016 FIC. 991.75
PR Batch 52500.12.2016 FICA Employee Portio PR Batch 52500.12.2016 FIC. 991.75
PR Batch 52500.12.2016 Federal Income Tax PR Batch 52500.12.2016 Fed( 1,099.69
PR Batch 52500.12.2016 Medicare Employee Pc PR Batch 52500.12.2016 Mec 231.95
Total for this ACH Check for Vendor 46: 3,547.09
Total for 12/16/2016: 8,609.73
ACH 133 Miles Cline 12/30/2016
4Q2016 4Q2016 Mileage 129.92
Total for this ACH Check for Vendor 133: 129.92
ACH 56 James Bownik 12/30/2016
4Q2016 4Q2016 Mileage 76.25
Total for this ACH Check for Vendor 56: 76.25
ACH 57 Heather Butkowski 12/30/2016
4Q2016 4Q2016 Mileage 77.00
Total for this ACH Check for Vendor 57: 77.00
ACH 43 Public Employees Retirement Association 12/30/2016
PR Batch 52600.12.2016 PERA Coordinated PR Batch 52600.12.2016 PER 894.46
PR Batch 52600.12.2016 PERA Coordinated PR Batch 52600.12.2016 PER 1,032.06
Total for this ACH Check for Vendor 43: 1,926.52
ACH 44 Minnesota Department of Revenue 12/30/2016
AP Checks by Date-Detail by Check Date(12/30/2016 4:33 PM) Page 1
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
PR Batch 52600.12.2016 State Income Tax PR Batch 52600.12.2016 Stat4 493.41
Total for this ACH Check for Vendor 44: 493.41
ACH 45 ICMA Retirement Corporation 12/30/2016
PR Batch 52600.12.2016 Deferred Comp PR Batch 52600.12.2016 Def.( 1,842.09
Total for this ACH Check for Vendor 45: 1,842.09
ACH 46 Internal Revenue Service 12/30/2016
PR Batch 52600.12.2016 FICA Employer Portia: PR Batch 52600.12.2016 FIC. 891.06
PR Batch 52600.12.2016 Medicare Employee Pc PR Batch 52600.12.2016 Mee 208.39
PR Batch 52600.12.2016 Federal Income Tax PR Batch 52600.12.2016 Fed( 1,139.05
PR Batch 52600.12.2016 Medicare Employer Po PR Batch 52600.12.2016 Mee 208.39
PR Batch 52600.12.2016 FICA Employee Portio PR Batch 52600.12.2016 FIC. 891.06
Total for this ACH Check for Vendor 46: 3,337.95
25167 20 Abdo Eick&Meyers LLP 12/30/2016
375903 2016 Audit Fees 2,000.00
375903 2016 Audit Fees 250.00
375903 2016 Audit Fees 250.00
Total for Check Number 25167: 2,500.00
25168 34 AFSCME MN Council 5 12/30/2016
PR Batch 52600.12.2016 Union Dues PR Batch 52600.12.2016 Unic 191.20
Total for Check Number 25168: 191.20
25169 22 AmeriPride Services Inc 12/30/2016
1003658764 Paper Towels 64.04
Total for Check Number 25169: 64.04
25170 52 Bluechip Tree Company 12/30/2016
Remove Dead Ash in Nature Area 495.00
Total for Check Number 25170: 495.00
25171 36 City of Roseville 12/30/2016
0222297 December IT Services 492.33
0222342 December Phone Services 90.84
Total for Check Number 25171: 583.17
25172 25 County of Ramsey 12/30/2016
PR Batch 52600.12.2016 Long Term Disability PR Batch 52600.12.2016 Lon, 76.05
PR Batch 52600.12.2016 Short Term Disability PR Batch 52600.12.2016 Shoi 59.35
PR Batch 52600.12.2016 Life Insurance PR Batch 52600.12.2016 Life 282.15
RISK-001820 12/16 Insurance Processing Fee 25.00
Total for Check Number 25172: 442.55
25173 60 G&K Services Inc 12/30/2016
2277524-11 November Uniforms 57.55
2277524-11 November Uniforms 57.55
Total for Check Number 25173: 115.10
25174 8 Duane Grace 12/30/2016
FY2016 2016 Commercial Plan Reviews 2,951.36
AP Checks by Date-Detail by Check Date(12/30/2016 4:33 PM) Page 2
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 25174: 2,951.36
25175 82 Home Depot 12/30/2016
Cleaning Supplies 7.88
Total for Check Number 25175: 7.88
25176 65 Integra Telecom Holdings Inc 12/30/2016
14334154 December Fax Line 51.28
Total for Check Number 25176: 51.28
25177 31 Kennedy&Graven Chartered 12/30/2016
134813 November Legal Services 1,254.00
Total for Check Number 25177: 1,254.00
25178 1 Lillie Suburban Newpapers 12/30/2016
031298-00009 Warming House Job Posting 207.00
12292016 Ordinance Publications 257.40
Total for Check Number 25178: 464.40
25179 23 Metro Sales Inc 12/30/2016
1NV687017 4Q2016 Copier Printing 193.02
Total for Check Number 25179: 193.02
25180 75 Petty Cash 12/30/2016
Blue Tape 6.70
Mail Plans to D.Grace 37.32
EJ Food 22.65
Misc Halloween Food 8.06
Dispose of HP Printer 10.00
Stamps 37.00
Propane for Grill on Halloween 23.56
Total for Check Number 25180: 145.29
25181 47 Public Employees Insurance Program 12/30/2016
PR Batch 52600.12.2016 Dental PR Batch 52600.12.2016 Den 107.49
PR Batch 52600.12.2016 Health Insurance PR Batch 52600.12.2016 Hea 2,218.06
Total for Check Number 25181: 2,325.55
25182 14 Rapit Printing Inc 12/30/2016
163750 Standard White Logo Envelopes 131.23
Total for Check Number 25182: 131.23
25183 26 Stantec Consulting Services Inc 12/30/2016
1140041 I/I Report for Met Council 380.00
1140043 2016 Sanitary Sewer Lining Project 94.50
Total for Check Number 25183: 474.50
25184 91 Suburban Ace Hardware 12/30/2016
Plumbing Supplies 30.85
Total for Check Number 25184: 30.85
25185 4 The Neighborhood Recycling Company 12/30/2016
AP Checks by Date-Detail by Check Date(12/30/2016 4:33 PM) Page 3
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
16942 November Revenue Share 276.74
16942 November Recycling Fee 2,396.16
Total for Check Number 25185: 2,119.42
25186 3 US National Equipment Finance 12/30/2016
319258117 Copier Contract 149.00
Total for Check Number 25186: 149.00
25187 90 Verizon Wireless 12/30/2016
9776206059 November Cell Phone 32.51
9776206059 November Cell Phone 16.25
9776206059 November Cell Phone 16.26
Total for Check Number 25187: 65.02
25188 74 Xcel Energy 12/30/2016
526517533 November Street Lighting 510.50
526695870 1917 Walnut Street 42.71
526695870 1885 Fulham Street 30.47
526695870 1917 Walnut Street 55.16
526695870 1885 Fulham Street 13.32
Total for Check Number 25188: 652.16
Total for 12/30/2016: 23,289.16
Report Total(33 checks): 31,898.89
AP Checks by Date-Detail by Check Date(12/30/2016 4:33 PM) Page 4
LAUDERDALE COUNCIL
ACTION FORM
Action Requested Meeting Date January 3,2017
Consent ITEM NUMBER Council Appointment
Public Hearing
Discussion X
STAFF INITIAL
Action X
Resolution APPROVED BY ADMINISTRATOR
Work Session
DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION:
Upon Mary Gaasch's swearing in as Mayor, her council seat will be come vacant. Adoption
of the following resolution officially declares the seat vacant.
State law provides little guidance on how her seat must be filled. Most typically, cities cre-
ate some form of application and/or interview process to find a qualified candidate for the
seat. Ifthat is the direction the Council would like to go, staff drafted an application form
for your review. In order to make the appointment at the January 24, 2017 council meeting,
the timeline would need to look something like the following:
1. January 3: adopt resolution declaring vacancy and establish process to fill the seat.
2. January 4: staff will distribute information regarding the vacancy through our usual
channels: website, email, and cable access channel.
3. January 13: applications returned by noon to City Hall.
4. January 13: staff will distribute copies of the application to the City Council.
5. January 13: staff will schedule interviews with the perspective council members.
6. January 17, 19 or 20: interviews at City Hall.
7. January 24: make appointment.
The key to making this work is finding a time that the City Council can hold interviews.
City Hall is closed January 16 for Martin Luther King, Jr. Day and January 18 is the first
night of the Police Workgroup. Realistically, that leaves Tuesday, January 17 or Thursday,
January 19 for interviews. Do either of those days work? Does this plan and timeframe for
selecting a new council member meet the Council's expectations?
STAFF RECOMMENDATION:
Motion to adopt Resolution 010317A—A Resolution Declaring a Vacancy on the City
Council.
RESOLUTION 010317A
CITY OF LAUDERDALE
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL
WHEREAS,the office of Council Member became vacant effective upon the swearing in of
Mary Gaasch who was elected to the Office of Mayor; and
WHEREAS,the term of the that office is in its third year and said term will expire on January 7,
2019; and
WHEREAS, Minn. Stat. § 412.02, subd 2a,provides that the council make an appointment to fill
the vacancy for the unexpired term.
NOW,THEREFORE, BE IT RESOLVED,that a vacancy on the City Council is hereby
declared. The Council intends to appoint an individual at the earliest practical date to fill the
vacancy for the remainder of the unexpired term.
Adopted by the City Council of the City of Lauderdale, Minnesota, on this 3rd day of January,
2017.
Mary Gaasch, Mayor
ATTEST:
Heather Butkowski, City Administrator
CITY OF LAUDERDALE
LAUDERDALE CITY HALL
189 1 WALNUT STREET
LAUDERDALE, MN 55113
651-792-7650
651-631-2066 FAX
CITY COUNCIL APPLICATION FORM
The City of Lauderdale welcomes you as an applicant for the position of city council member.
Your application will be considered with others in competition for the position. Please furnish
complete and accurate information. Upon receipt of your application, you will be contacted for
an interview with the city council.
Data Practices Advisory
Please note that Minnesota Statute, Chapter 13.601, classifies the following as public data on
applications for appointment to a public body:
1)name;
2) city of residence;
3) education and training;
4) employment history;
5)volunteer work;
6) awards and honors;
7)prior government service;
8) any data required to be provided or that are voluntarily provided in an application for
appointment to a multimember agency pursuant to section 15.0597; and
9) veteran status.
Furthermore, state law requires that, once an individual is appointed to a public body,their
residential address and either a telephone number or e-mail address becomes public data.
Tennessen Warning
The purpose and intended use of the information requested on this application is to assist us in
determining your qualifications so the City Council can make an informed decision regarding the
appointment. Your contact information is also being requested at this time so that staff has the
ability to verify your eligibility for appointment(residential address) and to contact you
regarding your application. If you are appointed to the City Council,the contact information that
you have listed on this application(residential address,personal phone number, and email
address)will become public unless you note otherwise in the outlined area below in this
application.
An applicant is not required to provide any information; however, failure to answer any of the
questions on this application may cause the appointing authority to reject the application or to
select another candidate. The data on this form will be maintained by the City of Lauderdale in
accordance with the Minnesota Government Data Practices Act and the non-public portions of
the form, if any, will be available to individuals working for the City whose work assignments
reasonably require access.
Page 1
4t CITY OF LAUDERDALE
grY LAUDERDALE CITY HALL
189 1 WALNUT STREET
LAUDERDALE, MN 55113
651-792-7650
651-631-2066 FAx
THE INFORMATION PROVIDED ON THIS PAGE IS OPEN TO THE PUBLIC
PURSUANT TO THE MINNESOTA DATA PRACTICES ACT
Personal Information
Last Name First Middle
Current Address:
Street City State Zip
Phone Contact Information:
Email Address:
Page 2
CITY OF LAUDERDALE
LAUDERDALE CITY HALL
CiTYOF 1891 WALNUT STREET
LAUDERDALE, MN 55113
651-792-7650
651-631-2066 FAX
Please answer the following (use the space below or attach separately)
1. Please indicate your availability for an interview on January X, 2017 beginning at
2. Please summarize why you are seeking an appointment to the City Council.
3. List any work experience you believe is relevant to the City Council position.
4. List any civic or volunteer experience you believe is relevant to the City Council position.
Page 3
CITY OF LAUDERDALE
trfOF
LAUDERDALE CITY HALL
1 891 WALNUT STREET
LAUDERDALE, MN 55113
651-792-7650
651-631-2066 FAX
5. What do you hope to accomplish as a member of the City Council?
By signing below, I am authorizing that the above information and statements listed in this
application are true and acknowledge that upon appointment to the City Council that my current
address, personal phone number, and email address will be released as public data.
Applicant Signature Date
Application Submission
Please select one of the following options to submit your application.
Mail:
City of Lauderdale
1891 Walnut Street
Lauderdale, MN 55113
Fax:
651.631.2066
Email:
Heather.Butkowski@ci.lauderdale.mn.us
Thank you for your interest in serving your Community!
Page 4
LAUDERDALE COUNCIL
ACTION FORM
Action Requested Meeting Date January 3,2017
Consent ITEM NUMBER Litigation
Public Hearing
Discussion STAFF INITIAL
Action
Resolution APPROVED BY ADMINISTRATOR
Closed Session X
DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION:
The council meeting includes a closed session to discuss the complaint filed by Rocket Out-
door Advertising, LLC against the City of Lauderdale. City Attorney David Anderson from
Kennedy and Graven will be in attendance as will Paul Reuvers of Iverson, Reuvers, and
Condon. Paul was appointed by the League of Minnesota Cities to represent the City.
Attached is a copy of the posting for this closed session as well as the complaint filed by
Rocket Outdoor Advertising. There should be a vote prior to entering the closed session
with a motion something to the effect of:
Motion to go into closed session,as authorized under the attorney-client privilege pursuant to
Minnesota Statutes Section 13D.03,subdivision 3(b),to discuss with our counsel the pending
litigation of Rocket Outdoor Advertising,LLC against the City of Lauderdale,which has been
filed in in United States District Court for the District of Minnesota.
STAFF RECOMMENDATION:
CITY OF LAUDERDALE
LAUDERDALE,MINNESOTA
REVISED NOTICE OF SPECIAL CITY COUNCIL MEETING
Tuesday,January 3,2017
7:30 p.m.
NOTICE IS HEREBY GIVEN that the City Council will hold a Special Meeting on Tuesday,
January 3, 2017, commencing at 7:30 p.m. at 1891 Walnut Street, Lauderdale, Minnesota for the
following purpose:
1.To swear in the newly elected officials.
2. Declare a vacant council seat and determine a process to fill the seat.
3. Approve claims.
4. Possible closed session to discuss pending litigation(Rocket Outdoor Advertising,
LLC v. City of Lauderdale).
Heather Butkowski, City Administrator
DATED: December 20, 2016.
Michael J.Mergens
direct:612.314.8003
E N T R E PA R T N ER email:mike@entrepartner/aw.com
December 19,2016
Ronald H. Batty
Kennedy Graven, Chartered Via email and US Mail
470 U.S. Bank Plaza
200 South 6th Street
Minneapolis,MN 55402
RE: Rocket OutdoorAdvertising,LLC v. City ofLanderdale
Mr.Batty:
Following up on conversation from Friday,please accept this letter as written request that your
client,the City of Lauderdale,waive service of the summons and complaint pursuant to Fed.R. Civ.
Pro. 4(d). A copy of the complaint,two copies of the waiver of service form,and a self-addressed,
stamped envelop are enclosed.
For your information, the case has been assigned to Judge Frank(after Judge Kyle recused).
Should you have any questions or concerns,please don't hesitate to contact me.
ice
Sincerely, s
1f` v1/:
Mich*J.Mergens
Enclosures
EntrePartner Law Firm, PLLC
Highlight Center 807 Broadway Street Northeast, Suite 140 Minneapolis, Minnesota 55413
office) 612.314.8001 (fax) 612.314.8002 www.entrepartnerlaw.com
CASE 0:16-cv-04179 Document 1 Filed 12/15/16 Page 1 of 9
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
ROCKET OUTDOOR ADVERTISING,LLC, Court File No.
Plaintiff, COMPLAINT
v. JURY TRIAL DEMANDED)
CITY OF LAUDERDALE, MINNESOTA,
Defendant.
COMES NOW Plaintiff Rocket Outdoor Advertising, LLC ("Rocket"), by and through
its undersigned counsel, and files this Complaint, stating as follows:
PARTIES
1. Rocket is a Florida limited liability company that has been authorized to transact
business in Minnesota. Rocket is in the business of erecting and operating signs that are utilized
by businesses, churches, organizations, and individuals to communicate commercial and
noncommercial messages. Rocket's members have been in the sign industry for decades and
have developed and operated dozens of signs in several states.
2. Defendant City of Lauderdale, Minnesota ("City") is a municipal corporation
located in Ramsey County and organized under the laws of the State of Minnesota. As explained
herein, the City has enacted and enforced sign legislation that impermissibly infringes upon the
federal and state constitutional rights of Rocket and many others.
JURISDICTION AND VENUE
3.Rocket's federal law claims arise under the First Amendment to the United States
Constitution and Section 1983 of the Civil Rights Act. This Court has original jurisdiction
pursuant to 28 U.S.C. § 1331. The claim which is brought pursuant to the Minnesota
CASE 0:16-cv-04179 Document 1 Filed 12/15/16 Page 2 of 9
Constitution is related in such a way to Plaintiff's federal law claims that this Court has
supplemental jurisdiction over them pursuant to 28 U.S.C. § 1367.
4. The City is subject to the jurisdiction of this Court pursuant to 28 U.S.C. § 1391
and venue is proper as to the City under the facts and circumstances as alleged herein.
FACTUAL ALLEGATIONS
I.The Sign Code.
5. The City has enacted a Sign Code to govern the posting of signs in the City. A
true and correct copy of this Code is attached hereto as Exhibit A.
6. The Sign Code prohibits the display of signs anywhere within the City, but it then
exempts seven categories of signs from this ban. See Sign Code § 10-10-1. There is, however,
no procedure to obtain a sign permit from the City Council and the decision whether or not a sign
is exempt for the general sign prohibition rests solely in the discretion of the City Administrator.
7. Whether a sign qualifies for each of the seven exempt categories depends on the
message or content of the sign. Id. at §§ 10-10-2 (exempting signs "announc[ing] the name,
address, or professional activity of the occupant of the premises on which said sign is located");
10-1-3 (exempting"bulletin boards," but only "in connection with any church, school, or similar
public structure"); 10-10-4 (exempting "temporary real estate signs" that "advertise[] [a]
particular property for sale, or for rent, or for lease"); 10-10-5 (exempting "real estate
development signs" that promote certain residential projects); 10-10-6 (exempting "political
signs" that relate to an election); 10-10-7 (exempting "business signs" relating to the premises
where the business is located and so long as they do "not contain information or advertising for
any product not sold on the premises"); 10-10-8 (exempting "directional signs" so long as they
bear specified content and the City Board exercises its unfettered discretion to allow them).
2
CASE 0:16-cv-04179 Document 1 Filed 12/15/16 Page 3 of 9
8. The Sign Code fails to articulate the purpose or interests for which the general ban
and content-based exemptions were enacted.
9. Where discretion is given to the City to approve signs, there are no objective
standards for such approvals. Further, the City is not constrained by any procedural safeguards
and can take as long as it likes to consider such requests. Specifically, because the Sign Code
does not provide for an application of any sort, Minn. Stat. § 15.99 does not apply. Thus, the
City has total discretion to veto, or pocket veto, such signs.
IL Rocket's Request to Post a Sign in the City.
10. Rocket is in the business of developing signs to be used for the dissemination of
both commercial and noncommercial speech. Such signs are often the cheapest and most
targeted method for individuals, small businesses, and local organizations to get their messages
out to the community. In addition, such signs are a powerful medium for the advertising of
ideological, religious, and political ideas. Signs of this nature prevent a unique and affordable
means of communication. The City does not provide an alternative means of communication
similar to the sign.
11. Rocket desires to erect and operate a sign in the City's commercial and industrial
area. The City has certain corridors, including Highway 280, that are ideal for such signage
because the sign will have no impact on residential areas but will be extremely effective at
directing motorists to local businesses and organizations and informing them about important
issues and events.
12. Rocket has spent substantial time and effort researching the areas of the City that
are appropriate for new signage. To date, one local landowner has authorized Rocket to seek
approval of a sign on his property. The subject property is located at 2820 Broadway Drive NE,
3
CASE 0:16-cv-04179 Document 1 Filed 12/15/16 Page 4 of 9
Lauderdale, Minnesota 55113. This is a lot used for industrial purposes. It is across a large
highway from any residences, and such residences are further shielded by a sound barrier wall
and extensive vegetation. The proposed sign will "read"to traffic traveling on Highway 280 and
will not be visible from any other roadway.
13. The proposed sign location is fully compliant with the State of Minnesota's laws
and regulations regarding signs. The State regulates such signs for purposes of safety and
aesthetics and has codified regulations that would specifically allow Rocket's proposed sign. For
example, the size, spacing, and zoning of the proposed sign has been specifically authorized in
the State's regulations.
14. On October 25, 2016, two of Rocket's members, Wayne Charles and Jim Waid,
went to the City's offices to inquire about posting a sign on the subject property. They indicated
the sign would display various commercial and non-commercial messages and provided City
Administrator Heather Butkowski with substantial information regarding the sign, including
structural plans showing the configuration of the proposed sign and a site plan showing where
the sign would appear on the subject property.
15. Ms. Butkowski commented that the proposed sign did not meet any of the
exemptions and could not be posted. Mr. Charles said he believed the Code suffered from
constitutional problems and asked to discuss these issues with the City Attorney. Ms. Butkowski
responded that she would get back to Mr. Charles after discussing the matter with the City
Attorney.
16. By mid-November, Rocket still had not heard back from Ms. Butkowski. Mr.
Charles called and spoke to Ms. Butkowski who again said she would try to speak with the City
Attorney. She indicated she would call Mr. Charles once she spoke to the City Attorney. In the
4
CASE 0:16-cv-04179 Document 1 Filed 12/15/16 Page 5 of 9
meantime, Ms. Butkowski made clear that her denial of the sign remained effective and that
Rocket was not entitled to post the sign. Ms. Butkowski's decision was never submitted to the
City Council for a vote.
17. By November 28, 2016, Rocket still had not heard back from Ms. Butkowski.
Mr. Charles called and left her another message, but to date has not received a return call.
18. Based on the foregoing, it is clear the City will not allow Rocket's proposed sign.
19. As a result of the Sign Code, Rocket has been unable to post its proposed sign.
Consequently, both Rocket and those who would display content on its sign have not been able
to disseminate desired commercial and noncommercial messages to the City's residents and
visitors. The loss of such speech activity—even for one day— is irreparable as a matter of law.
This deprivation, however, has also caused Rocket and the landowner for its proposed sign
substantial quantifiable financial damage.
COUNT ONE
THE SIGN CODE VIOLATES THE FIRST AMENDMENT TO THE UNITED STATES
CONSTITUTION AND ARTICLE I, SECTION 3 OF THE MINNESOTA CONSTITUTION
20. Rocket incorporates by reference the allegations in Paragraphs 1 through 19
above as if set forth verbatim herein.
21. The Sign Code violates the First Amendment to the United States Constitution
and Article I, Section 3 of the Minnesota Constitution, both facially and as applied, in several
ways:
a). the Sign Code is impermissibly content-based because on its face it draws
distinctions based on the message a speaker conveys and cannot survive strict scrutiny. See Sign
Code §§ 10-10-1 — 10-10-8. Indeed,the City's Sign Code is substantively indistinguishable.from
5
CASE 0:16-cv-04179 Document 1 Filed 12/15/16 Page 6 of 9
the content-based sign code that was invalidated by the Supreme Court in Reed v. Town of
Gilbert, 135 S. Ct. 2218, 2227 (2015);
b). even if the Sign Code was not content-based,which it clearly is, it fails the
intermediate commercial speech test articulated in Central Hudson Gas & Electric Corp. v.
Public Service Commission, 447 U.S. 557 (1980). Indeed, the Code fails to articulate any
governmental interests it was enacted to further, let alone substantial interests. See generally
Sign Code. As such,the City cannot possibly show that its complete ban and limited exemptions
directly advance such interests or reach no further than necessary to accomplish them;
c). the Sign Code grants unfettered discretion to City officials to permit signs.
See Sign Code, § 10-10-8 (granting City officials unfettered discretion to permit directional signs
via use of the permissive word "may"); also, e.g., Young v. City of Roseville, 78 F. Supp. 2d 970,
975 (D. Minn. 1999) (holding a sign ordinance that provides "some guidance" unconstitutional
for excessive discretion); The Lamar Co. v. City of Marietta, 538 F. Supp. 2d 1366, 1372-73
N.D. Ga. 2008) (holding that the use of the word "may" afforded officials total control over
whether to allow signs, such discretion created the potential for arbitrary suppression of
undesirable speech, and that this single deficiency caused the entire code to be invalid); Lamar
Advertising Co. v. City of Douglasville, 254 F. Supp. 2d 1321, 1328 (N.D. Ga. 2003)
invalidating provision which authorized official to allow signs if all criteria were met, but did
not require the official to do so);North Olmsted Chamber of Commerce v. City ofN. Olmsted, 86
F. Supp. 2d 755, 765, 780 (N.D. Ohio 2000) (finding impermissible discretion where "a sign
permit may be issued"). Officials also have undue discretion to determine if certain messages
qualify for the City's content-based exemptions; and
6
CASE 0:16-cv-04179 Document 1 Filed 12/15/16 Page 7 of 9
d). as shown by the City's conduct in this case, where Rocket has been strung
along for six weeks by the City, because there is no application process or action by the City
Council the "60-day" rule in Minn. Stat. § 15.99 does not apply and there are no time limits even
on the City's discretionary approval process. The City can literally take as long as it likes,
thereby issuing a pocket veto to any sign applicant it does not favor.
22. Because these aspects of the City's Sign Code are constitutionally invalid and
inseparable from the remainder of the Code, this Court should declare the Sign Code invalid in
its entirety. Because no valid regulation prohibits Rocket's requested sign, the City should be
ordered to permit Rocket to post the sign.
23. In addition, pursuant to 42 U.S.C. § 1983, Rocket is entitled to compensation for
the damages it has suffered as a result of the City's unconstitutional Sign Code and, pursuant to
42 U.S.C. § 1988, reimbursement for all reasonable costs, including attorneys' fees, of bringing
this lawsuit to assert its and others' constitutional rights.
COUNT TWO
INJUNCTIVE RELIEF
24. Rocket incorporates by reference the allegations in Paragraphs 1 through 23
above as if set forth verbatim herein.
25. The City's conduct is causing serious and irreparable harm to Rocket and, unless
enjoined, the conduct of the City will continue to injure Rocket through the denial of its speech
rights.
26. Rocket has no adequate remedy at law to remedy the denial of its speech rights.
Rocket has been and will continue to suffer irreparable harm if the City is allowed to enforce the
Sign Code.
7
CASE 0:16-cv-04179 Document 1 Filed 12/15/16 Page 8 of 9
27. Rocket seeks temporary and permanent injunctive relief in order to prevent
irreparable injury caused by the Sign Code.
JURY DEMAND
28. Plaintiff demands a jury trial on all claims so triable.
WHEREFORE, Plaintiff Rocket Outdoor Advertising, LLC prays for judgment as
follows:
1) Declaratory relief as specified herein;
2) An order preliminarily enjoining enforcement of the City's Sign Code;
3) An order permanently enjoining enforcement of the City's Sign Code;
4) A declaration that the City's Sign Code is unconstitutional and otherwise invalid;
5) An order compelling the City to permit Plaintiff to post and operate its proposed
sign;
6) An order compelling the City to provide any and all necessary certification to the
State of Minnesota;
7) An award of all such actual, consequential, general, presumed, and nominal
damages as a jury determines are appropriate;
8) Reimbursement for the full amount of Plaintiff's reasonable attorneys' fees and
costs of bringing and prosecuting this action; and
9) Such other and further relief as the Court may deem just and equitable.
8
CASE 0:16-cv-04179 Document 1 Filed 12/15/16 Page 9 of 9
DATED this 15th day of December, 2016.
Respectfully submitted,
BY: ENTREPARTNER LAW FIRM, PLLC
s/Michael J. Mergens
Michael J. Mergens
Minnesota Bar No. 0352019
Highlight Center
807 Broadway Street NE, Suite 140
Minneapolis, Minnesota 55413
mike@entrepartnerlaw.com
E. Adam Webb*
Georgia State Bar No. 743910
WEBB,KLASE&LEMOND,LLC
1900 The Exchange, S.E.
Suite 480
Atlanta, GA 30339
770)444-0773
Adam@WebbLLC.com
Attorneys for Plaintiff
Rocket Outdoor Advertising, LLC
Application for Pro Hac Vice Admission to be
submitted prior to first appearance
9
CASE 0:16-cv-04179 Document 1-1 Filed 12/15/16 Page 1 of 3
CASE 0:16-cv-04179 Document 1-1 Filed 12/15/16 Page 2 of 3
LA605 10-10 (1)
CHAPTER 10
SIGNS
SECTION:
10-10-1 : General Rule
10-10-2 : Professional Activity On Premises
10-10-3: Bulletin Board
10-10-4 : Temporary Real Estate
10-10-5 : Real Estate Development
10-10-6: Political
10-10-7 : Business
10-10-8 : Directional
10-10-1 : GENERAL RULE:
No sign, billboard, or exterior commercial graphic display shall
be permitted in any district except as herein provided. (Zoning
Ord. as amd. )
10-10-2 : PROFESSIONAL ACTIVITY ON PREMISES:
In any district a sign not exceeding two (2) square feet in
surface size is permitted which announces the name, address, or
professional activity of the occupant of the premises on which
said sign is located. (Zoning Ord. as amd. )
10-10-3 : BULLETIN BOARD:
A bulletin board not exceeding twenty four (24) square feet is
permitted in connection with any church, school or similar public
structure. (Zoning Ord. as amd. )
10-10-4 : TEMPORARY REAL ESTATE:
Temporary real estate signs of six (6) square feet per side may
be placed in the yard of any residential structure which
advertises that particular property for sale, or for rent, or for
lease. Such sign will be promptly removed when it has fulfilled
its function. (Zoning Ord. as amd. )
10-10-5 : REAL ESTATE DEVELOPMENT:
Real estate development signs may be erected to promote a single
family or multiple family residential project of ten (10) or more
dwelling units. Such signs will not exceed one hundred (100)
square feet in area and shall be removed when the project is
ninety percent (90%) completed, sold or leased. (Zoning Ord. as
amd. )
CASE 0:16-cv-04179 Document 1-1 Filed 12/15/16 Page 3 of 3
LA605 10-10 (2)
10-10-6: POLITICAL:
Political signs are allowed in any district on private property
with the consent of the owner of the property to a maximum size
of sixteen (16) square feet. Such signs must be removed within
seven (7) days following the date of the election to which they
apply. (Zoning Ord. as amd. )
10-10-7 : BUSINESS:
Business signs shall be permitted in connection with any legal
business or industry when located on the same premises, and if
they meet the following requirements:
A. Contents: Signs shall not contain information or advertising
for any product not sold on the premises .
B. Size: Signs shall not have a combined aggregate surface size
greater than five (5) square feet for each one foot (1 ' ) of width
of the principal structure on the premises up to a maximum of two
hundred fifty (250) square feet.
C. Projection: Signs shall not project over public rights of way.
D. Flashing Signs: Flashing signs and those signs giving off an
intermittent or rotating beam or ray of light shall be
prohibited.
E. Illuminated Signs: Illuminated signs shall be diffused so as
not to direct rays of light into adjacent property or onto any
public right of way.
F. Elevation: Signs shall be limited so as to extend not more
than twenty five feet (25 ' ) above the average elevation of the
public street abutting upon the lot or tract on which such sign
is located.
G. Maintenance: Signs shall be painted at least once every two
2) years including all parts and supports, unless such parts or
supports are galvanized or otherwise treated to prevent rust.
Zoning Ord. as amd. )
10-10-8 : DIRECTIONAL:
The Board may permit directional signs of twelve (12) square feet
in connection with any legal business or industry provided they
contain no information other than instructions for convenience of
vehicular traffic in reaching such business or industry. (Zoning
Ord. as amd. )
JS 44 (Rev.08/16)
CASE 0:16-cv-041,iCr tl25112/15/16 Page 1 of 2
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided bylocal rules of court. This form,approved by the Judicial Conference of the United States in September 1974,is required for the use of the Clerk of Court for the
purpose of nitiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)
I. (a) PLAINTIFFS DEFENDANTS
Rocket Outdoor Advertising,LLC City of Lauderdale,MN
b) County of Residence of First Listed Plaintiff Hennepin Co.,MN County of Residence of First Listed Defendant Ramsey Co.,MN
EXCEPT IN U.S.PLAINTIFF CASES) IN US.PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES,USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
C) Attomeys(Firm Name,Address,and Telephone Number) Attomeys(If Known)
Michael J.Mergens-EntrePartner Law Firm,PLLC
Highlight Center
807 Broadway Street NE,Suite 140
Minneapolis,MN 55413
612-314-8001
II. BASIS OF JURISDICTION(Place an"X"in One Box Only) III.CITIZENSHIP OF PRINCIPAL PARTIES(Place an'X"in One Boxfor Plaintiff
For Diversity Cases Only) and One Box for Defendant)
0 1 U.S.Government 0 3 Federal Question PTF DEF PTF DEF
Plaintiff U.S.Government Not a Party) Citizen of This State 0 1 0 1 Incorporated or Principal Place 0 4 0 4
of Business In This State
2 U.S.Government 4 Diversity Citizen of Another State 2 0 2 Incorporated and Principal Place 0 5 5
Defendant Indicate Citizenship ofParties in Item III) of Business In Another State
Citizen or Subject of a 3 0 3 Foreign Nation 0 6 6
Foreign Country
IV. NATURE OF SUIT(Place an"X"in One Box Only) Click here for:Nature of Suit Code Descriptions.
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 0 375 False Claims Act
0 120 Marine 0 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 0 376 Qui Tam(31 USC
0 130 Miller Act 0 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 0 367 Health Care/ 0 400 State Reapportionment
150 Recovery of Overpayment 0 320 Assault,Libel& Pharmaceutical wt: ;.1'444.4114444 0 410 Antitrust
Enforcement of
Slander Personal Injury Cl 820 Copyrights 0 430 Banks and Banking
Judgment
0 151 Medicare Act 0 330 Federal Employers'Product Liability 0 830 Patent 0 450 Commerce
0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal 0 840 Trademark 0 460 Deportation
Student Loans 0 340 Marine Injury Product 0 470 Racketeer Influenced and
Excludes Veterans) Cl 345 Marine Product Liability efftffi'`= 44;i °t.ii t' : Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 0 861 HI.A(1395ff) 0 480 Consumer Credit
of Veteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung(923) 0 490 Cable/Sat TV
160 Stockholders'Suits 0 355 Motor Vehicle 0 371 Truth in Lending 720 Labor/Management 0 863 DIWC/DIWW(405(g)) 0 850 Securities/Commodities/
190 Other Contract Product Liability 0 380 Other Personal Relations 0 864 SSID Title XVI Exchange
0 195 Contract Product Liability 0 360 Other Personal Property Damage 740 Railway Labor Act 0 865 RSI(405(g)) 0 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 751 Family and Medical 0 891 Agricultural Acts
362 Personal Injury- Product Liability Leave Act 0 893 Environmental Matters
Medical Malpractice 790 Other Labor Litigation 0 895 Freedom of Information
1 .',i a,V!s.'d r tri 4 1.'41 , :e4 4 41.44` 0791 Employee Retirement 140:14,Y, '.,;..141 Act
210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: Income Security Act U 870 Taxes(U.S.Plaintiff 0 896 Arbitration
0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee or Defendant) 0 899 Administrative Procedure
230 Rent Lease&Ejectment 442 Employment 0 510 Motions to Vacate 0 871 IRS—Third Party Act/Review or Appeal of
240 Torts to Land 0 443 Housing/Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 0 530 General 0 950 Constitutionality of
290 All Other Real Property 0 445 Amer.w/Disabilities- 0 535 Death Penalty Ia+l a •.,1 4 9)' I State Statutes
Employment Other:U 462 Naturalization Application
446 Amer.w/Disabilities- 0 540 Mandamus&Other 465 Other Immigration
Other 0 550 Civil Rights Actions
448 Education 0 555 Prison Condition
0 560 Civil Detainee-
Conditions of
Confinement
V. ORIGIN(Place an"X"in One Box Only)
1 Original 02 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation- Litigation-
specify)Transfer Direct File
Cite the U.S.Civil Statute under which you are filing(Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION
First Amendment to U.S.Constitution;42 U.S.C.§ 1983
Brief description of cause:
Defendant has enacted and is enforcing unconstitutional sign regulations.
VII. REQUESTED IN El CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23,F.R.Cv.P. JURY DEMAND: ®Yes DNo
VIII. RELATED CASE(S)
IF ANY See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
12/15/2016 s/Michael J.Mergens
FOR OFFICE USE ONLY
RECEIPT irk J OI PI'`SE 0:16-cv-0417, Lags Iment 1-2 Filed) 15/16 Page 2A2juDGE
JS 44 Reverse (Rev.08/16)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law,except as provided by local rules of court. This form,approved by the Judicial Conference of the United States in September 1974,is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently,a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names(last,first,middle initial)of plaintiff and defendant. If the plaintiff or defendant is a government agency,use
b) County of Residence. For each civil case filed,except U.S.plaintiff cases,enter the name of the county where the first listed plaintiff resides at the
c) Attorneys. Enter the firm name,address,telephone number,and attorney of record. If there are several attorneys,list them on an attachment,noting
in this section"(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a),F.R.Cv.P.,which requires that jurisdictions be shown in pleadings. Place an"X"
United States plaintiff. (1)Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2)When the plaintiff is suing the United States,its officers or agencies,place an"X"in this box.
Federal question. (3)This refers to suits under 28 U.S.C. 1331,where jurisdiction arises under the Constitution of the United States,an amendment
Diversity of citizenship. (4)This refers to suits under 28 U.S.C. 1332,where parties are citizens of different states. When Box 4 is checked,the
citizenship of the different parties must be checked. (See Section III below;NOTE:federal question actions take precedence over diversity
cases.)
III. Residence(citizenship)of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an"X"in the appropriate box. If there are multiple nature of suit codes associated with the case,pick the nature of suit code
that is most applicable. Click here for:Nature of Suit Code Descriptions.
V. Origin. Place an"X"in one of the seven boxes.
Original Proceedings. (1)Cases which originate in the United States district courts.
Removed from State Court. (2)Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C.,Section 1441.
Remanded from Appellate Court. (3)Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
Reinstated or Reopened. (4)Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5)For cases transferred under Title 28 U.S.C.Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation—Transfer. (6)Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Multidistrict Litigation—Direct File. (8)Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example:U.S.Civil Statute:47 USC 553 Brief Description:Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an"X"in this box if you are filing a class action under Rule 23,F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand,such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases,if any. If there are related pending cases,insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
ROCKET OUTDOOR ADVERTISING, LLC, Court File No.
Plaintiff,
v. WAIVER OF SERVICE
OF SUMMONS
CITY OF LAUDERDALE, MINNESOTA,
Defendant.
TO: Plaintiff Rocket Outdoor, Advertising, LLC, by and through its attorney Michael J.
Mergens, EntrePartner Law Firm, PLLC, 807 Broadway Avenue NE, Suite 140, Minneapolis, MN,
55413.
Defendant City of Lauderdale, by and through its undersigned counsel, as received your
request to waive service of a summons in this action along with a copy of the complaint, two
copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.
As counsel for Defendant, I agree to save the expense of serving a summons and complaint
in this case.
As counsel for Defendant, I understand Defendant will keep all defenses of objections to
the lawsuit, the court's jurisdiction, and the venue of the action, but that Defendant waives any
objections to the absence of a summons or of service.
As counsel for Defendant, I also understand that Defendant must file and serve an answer
or a motion under Rule 12 within 30 days from December 19, 2016, the date when this request was
sent. If Defendant fails to do so, a default judgment will be entered against the Defendant.
Date:
Ronald H. Batty (
Kennedy Graven, Chartered
470 U.S. Bank Plaza
200 South 6th Street
Minneapolis, MN 55402
rbatty@kennedy-graven.com
612-337-9262