HomeMy WebLinkAboutAgenda Packets - 2011/09/26CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, September 26, 2011
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give
your full name and address for the minutes. Also, please limit your comments to three
minutes.
6. SPECIAL ORDER OF BUSINESS
7. COUNCIL BUSINESS
A. 7:05pm Public Hearing to Consider Second Reading and Adoption of Ordinance
860, Amending Title 1200 of the Mounds View City Code Relating to the Review
and Recordation of Plats and Minor Subdivisions and Plat Dedication Requirements
and Amending Appendix E, Minimum Planning and Development Fees.
B. Resolution 7830, Approving a Layout Configuration for On-Street Parking at
Lambert Park
C. Resolution 7829, Authorizing Step Increases for Police Officer Andrew Olson,
Accountant Agnes Quasabart, and Public Service Officer Craig Swalchick
D. First Reading and Introduction of Ordinance 864, an Ordinance Revising Chapter
1008 of the Mounds View City Code Relating to Dynamic Display Signs
E. Resolution 7831, Authorizing Stantec Consulting Services Inc. to Perform
Engineering Design Services and Prepare Bidding Documents for Area E of the
Street and Utility Improvement Program
8. CONSENT AGENDA
A. Set a Public Hearing for October 10, 2011 at 7:05 pm to Consider Special
Assessments for Delinquent Utility Charges
B. Set a Public Hearing for October 10, 2011, at 7:10 pm to Consider Special
Assessments for Diseased Tree, Administrative Offense, False Alarm, and Unpaid
Abatement Charges
C. Set a Public Hearing for October 10, 2011, at 7:15 pm to Consider A Special
Assessment for Unpaid Water Service Repairs
9. JUST AND CORRECT CLAIMS
September 26, 2011
City Council Meeting Agenda
Page 2
10. APPROVAL OF MINUTES - None
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
(1) Continued Discussion Regarding the Potential Addition of a Canine Unit within
the Mounds View Police Department (verbal report)
C. Reports of City Attorney
12. Next Council Work Session: Monday, October 3, 2011, at 7pm
Next Council Meeting: Monday, October 10, 2011, at 7pm
13. ADJOURNMENT
Item No: 7A
Meeting Date: Sept 26, 2011
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance
860, an Ordinance Revising Title 1200 of the Mounds View
City Code relating to Subdivisions of Land
Introduction:
The City Council directed staff to review the subdivision regulations and propose new
language to address repeated major subdivision reapprovals. Staff had suggested two
primary changes--extending the amount of time within which a plat would need to be
recorded from two months to six months, and, implementing a plat reapproval fee, both of
which the Council supported. Staff asked the City Attorney to review the subdivision
regulations and to propose any additional revisions that may be necessary. These changes
were reviewed by the City Council on September 6, 2011 and the first reading of Ordinance
860 was held on September 12, 2011.
Discussion:
The first few changes proposed are needed to bring the Code current and to be consistent
with State law. The Code would be updated to provide plats and minor subdivisions
(certificates of survey) the same extended recording timeframe allowance of six months. In
both cases, a reference is added to a new “reapproval fee” as specified in Appendix E. The
Code is also proposed to be revised to include a requirement for the subdivider to provide a
title commitment or title opinion as part of the application. The Attorney also recommends
slight revisions to the park dedication requirements to ensure consistency with state law.
Finally, the ordinance specifies the amount of the plat and minor subdivision reapproval fee
in the amounts of $100 and $50, respectively.
Recommendation:
The proposed revisions have been prepared by the City Attorney to address the City
Council’s desire to extend the timeframe by which plats and subdivisions are recorded, and
at the same time, to institute a plat and subdivision reapproval fee. In addition, the City
Attorney is proposing other changes to bring the subdivision regulations current and
consistent with state law. After holding the public hearing, staff recommends Council
approval of Ordinance 860. Action on the ordinance is by a roll call vote of the Council.
Respectfully submitted,
________________________
James Ericson
City Administrator
389566v3 SJS MU125-11 1
ORDINANCE NO. 860
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 1200, CHAPTERS 1201, 1202 AND 1204 OF THE
MOUNDS VIEW CITY CODE RELATING TO THE REVIEW AND RECORDATION OF
PLATS AND MINOR SUBDIVISIONS AND PLAT DEDICATION REQUIREMENTS AND
AMENDING APPENDIX E, MINIMUM PLANNING AND DEVELOPMENT FEES TO
INSTITUTE A MINOR SUBDIVISION AND PLAT REAPPROVAL FEE
SECTION 1. The City Council of the City of Mounds View hereby amends Title 1200,
Chapter 1201, Section 1201.02, subdivision 1 of the Mounds View Municipal Code by
adding the underlined material and deleting the stricken material as follows:
Subd. 1. Based upon authority provided in Minnesota Statutes Section 462.358,
subdivisions 1 through 10, every plat of land proposed within the City shall be
submitted to the City Council for review and comment before being filed, and no
plat of land shall be filed unless and until the same shall be approved by resolution
of the City Council. The term “plat of land” for the purpose of this Title shall be
deemed to include townhouse development, planned unit developments, and any
apartment building, common area or land coming within the purview of the
Minnesota Condominium Act.
SECTION 2. The City Council of the City of Mounds View hereby amends Title 1200,
Chapter 1202, Section 1202.01, Subdivisions 3 (a), 5 (a), 8, 9, 10 and 14 of the Mounds
View Municipal Code by adding the underlined material and deleting the stricken
material as follows:
Subd. 3. Submittal Of Preliminary Plat Copies:
a. Major Subdivisions. Before any official action shall be taken by the
Municipality City, the subdivider shall submit fifteen (15) copies of a preliminary plat
of the proposed subdivision to the City Administrator; eight (8) additional copies
shall be submitted by the subdivider to the Ramsey County Plat Commission. The
preliminary plat shall be in such form and contain such information as required in
Section 1202.03 of this Chapter.
Subd. 5. Review And Comment Submittals:
a. Preliminary plats of major subdivisions shall be provided by the City
Administrator for the purposes of review and comment to the Director of Public
Works/City Engineer, City Attorney, County Engineer, if plat abuts a County road,
and State Highway District having fifteen (15) days in which to submit their
comments regarding the proposed subdivision to the Municipality City. The City
389566v3 SJS MU125-11 2
Administrator, Planning and Zoning Commission or Council may request the above
authorities to similarly review and comment on the preliminary subdivision plan of
any minor subdivision request whenever such review is deemed necessary to
properly evaluate the request.
Subd. 8. Planning and Zoning Commission Recommendation: Within sixty (60) days of
Upon receipt of the subdivision request and the City Administrator’s report, the
Planning and Zoning Commission shall recommend to the Council approval or
disapproval of the subdivision. The Planning and Zoning Commission may
withhold action to so recommend until the comments of the Rice Creek Watershed
District have been received.
Subd. 9. Public Hearing: Preliminary plats of major subdivisions shall require a public
hearing. The Council shall conduct such hearing within at least thirty (30) days of
upon receipt of the Planning and Zoning Commission recommendation. The City
Administrator shall cause notice of said hearing to be published in the official
newspaper at least ten (10) days prior to the hearing and shall also cause a notice
to be mailed to each of the owners of property within three hundred and fifty feet
(350’) of the property being platted, such notices to be mailed to the last known
address of such owners at least ten (10) days before the hearing.
Subd. 10. Council Approval or Disapproval: The Council shall approve or disapprove the
preliminary plat of a major subdivision or the surveyor’s certificate of a minor
subdivision within sixty (60) days of after receipt of the Planning and Zoning
Commission recommendation. The Council shall consider this recommendation
and any comments or objections brought forth during the public hearing or by the
Municipal City’s consultants or other public agencies.
Subd. 14. Minor Subdivision Recording Requirements: If the surveyor’s certificate of a
minor subdivision is approved by the Council, the subdivider shall, within sixty (60)
days six months, record a deed conforming to the terms of the Council’s approval of
the subdivision with the County Register of Deeds or Registrar of Titles and, within
ten (10) days of recording, furnish the City with a reproducible copy of the deed
showing evidence of the recording; otherwise, the approval of the subdivision shall
be void, and the City Administrator shall so notify the County Registrar of Deeds or
Registrar of Titles. No building permit shall be issued for construction on a parcel
created by such minor subdivision until evidence of recording has been submitted.
In the event the deed is not recordable as approved or the subdivider fails to
record within the time prescribed herein, the Council may re-approve the minor
subdivision upon payment of the minor subdivision reapproval fee as specified in
Appendix E and the following terms and conditions: a) that the subdivider proves
to the satisfaction of the Council that the delay was caused by conditions beyond
the control of the subdivider, and b) that the extension of time requested has or
will have no adverse effect on the City or property owners of the City, and c) that
the Council shall set the time limit of the extension requested but in no event
shall it exceed six months.
389566v3 SJS MU125-11 3
SECTION 3. The City Council of the City of Mounds View hereby amends Title 1200,
Chapter 1202, Section 1202.03, subdivision 4 of the Mounds View Municipal Code by
adding the underlined material and deleting the stricken material as follows:
Subd. 4. Other Information:
a. Such other information or requirements as may be requested by the Planning
and Zoning Commission, Council or City staff that are deemed necessary to
preserve neighborhood aesthetics or to protect the health, safety and welfare of
neighboring landowners and the future residents of the subdivision.
b. Where the subdivider owns property adjacent to that which is being proposed
for the subdivision, the Planning and Zoning Commission may require that the
subdivider submit a preliminary plan of the remainder of the property to show the
possible relationships between the proposed subdivision and future subdivisions.
In any event, all subdivisions must be shown to relate well with existing or
potential adjacent subdivisions.
c. Submission of a title commitment or title opinion that establishes ownership of
the land that is satisfactory to the City.
SECTION 4. The City Council of the City of Mounds View hereby amends Title 1200,
Chapter 1202, Section 1202.07, Subdivisions 1, 4 and 5 of the Mounds View Municipal
Code by adding the underlined material and deleting the stricken material as follows:
Subd. 1. Filing of Final Plat: The owner or subdivider of a major subdivision shall file
twelve (12) printed copies, in addition to the necessary copies required by the
Ramsey County Plat Commission, of the final plat not later than six (6) months
after the date of approval of the preliminary plat; otherwise, the preliminary plat
and final plat will be considered void unless an extension is requested, in writing,
by the subdivider and for good cause granted by the Council. The final plat shall
be in such form and contain such information as required in Section 1202.05 of
this Chapter.
Subd. 4. Recording of Final Plat: If the final plat is approved, the subdivider shall, within
one hundred twenty (120) days six months, record it with the County Register of
Deeds or Registrar of Titles and, within ten (10) days of recording, furnish the
City with a reproducible copy of the final plat showing evidence of the recording;
otherwise, the approval of the final plat shall be void, and the Clerk-City
Administrator shall so notify the County Register of Deeds or Registrar of Titles.
389566v3 SJS MU125-11 4
Subd. 5. Re-Approval: In the event the plat is not recordable as approved or the
subdivider fails to record within the time prescribed herein, the Council may re-
approve the final plat upon payment of the plat reapproval fee as specified in
Appendix E and the following terms and conditions: a) that the subdivider proves
to the satisfaction of the Council that the delay was caused by conditions beyond
the control of the subdivider, and b) that the extension of time requested has or
will have no adverse effect on the City or property owners of the City, and c) that
the Council shall set the time limit of the extension requested but in no event
shall it exceed one hundred twenty (120) days six months.
SECTION 5. The City Council of the City of Mounds View hereby amends Title 1200,
Chapter 1202, Section 1201.09 of the Mounds View Municipal Code by adding the
underlined material and deleting the stricken material as follows:
1201.09: 1202.09: COPIES OF PLATS: copies of all such plats of subdivisions, after
the same have been submitted and approved as provided in these regulations, shall be
filed and kept by the City Administrator among the records of Mounds View.
SECTION 6. The City Council of the City of Mounds View hereby amends Title 1200,
Chapter 1204, Section 1204.02 of the Mounds View Municipal Code by adding the
underlined material and deleting the stricken material as follows:
Subd. 1. Dedication Required:
a. Pursuant to Minnesota Statutes 462.358, iIn all subdivisions to be
developed for residential, commercial, industrial or other uses or as a planned
development which includes residential, commercial and industrial uses or any
combination thereof, a subdivider shall dedicate a reasonable portion of each the
buildable land of the proposed subdivision to the public or to be preserved for
public use as parks, recreational facilities, playgrounds, trails or public open
space, wetlands or storm water holding areas or ponds or, at the option of the
Municipality and at its sole discretion, the subdivider shall contribute an
equivalent amount in cash based on the fair market value of the land. For
purposes of this Section, “buildable land” means the gross acreage of the
subdivision excluding designated wetlands and land set aside as open space in a
manner approved by the City.
b. The City may, at its option, require a cash contribution in lieu of dedication or
require a portion of the required dedication be in land and a cash contribution in lieu
for the balance thereof. Cash payments so received shall be placed in a special
fund and used only for the acquisition and development or improvement of land for
parks, recreational facilities, playgrounds, trails, wetlands, public open space and
storm water holding areas or ponds, development of existing park and playground
sites, public open space and storm water holding areas or ponds, redevelopment or
rehabilitation of existing facilities or sites and or debt retirement in connection with
389566v3 SJS MU125-11 5
land previously acquired or improvements thereto previously constructed for such
public purpose. No funds shall be used for ongoing operation or maintenance of
existing parks or recreational facilities or sites. Expenses incurred by the City in
acquiring such cash dedication may be deducted from said dedication before it is
deposited in the Park and Playground Fund.
c. In considering the portion to be dedicated or preserved or the amount of the
cash contribution, Tthe Municipality City, at its sole discretion, may take into must
give due consideration to the open space, park, recreational or common areas and
facilities open to the public which the subdivider has reserved for the subdivision;
except, that storm water holding areas or ponds, whether required by the
Municipality City or any other regulatory body, may will not be taken into
consideration.
Subd. 2. Determination of Dedication Procedure: Upon receipt of a qualifying
subdivision, the Council shall refer it to the Parks and Recreation Commission.
Said Commission shall report to the Council its dedication recommendation. Upon
receipt of the recommendation, the Council shall call for either a land dedication, or
a cash payment or a combination of the two, in size, location or amount, as it
determines. The Council may require a professional appraisal to determine market
value for purposes of a cash payment, the cost of which shall be paid by the
subdivider.
Subd. 3. Credit for Existing Single-Family Dwelling: The subdivider of any parcel of land
shall receive a credit for an existing single-family dwelling unit by excluding the
acreage of the occupied parcel remaining after subdivision from the computation of
dwelling units per acre if the parcel of land is zoned for single-family residence and
has located thereon one single-family dwelling.
Subd. 4. Dedication Amount: A reasonable portion of the land of any proposed
subdivision or its equivalent in cash shall be dedicated by the subdivider for public
use. Up to ten percent (10%) of the buildable land of the proposed subdivision or
its equivalent in cash based on the fair market value shall constitute a reasonable
portion for dedication purposes under this section. The exact portion of land or its
equivalent amount in cash shall be established by the municipality City based on
the following factors:
Type of the proposed subdivision land use: residential, industrial or
commercial;
The need for open space generated by the proposed subdivision;
Existence of land dedicated for public use within the proposed subdivision,
excluding areas reserved as storm water holding ponds;
Fair market value of the land;
Other relevant factors unique to a particular subdivision supporting the need
for dedication of lands for public use.
389566v3 SJS MU125-11 6
If an equivalent amount in cash from the subdivider for part or the entire portion
required to be dedicated it to be paid by the subdivider, such amount is due no later
than at the time of final approval of the proposed subdivision.
Subd. 5. Dedication for Re-Subdivision. For any subdivision of a parcel on which a cash
dedication for parks has previously been made but on which an additional cash
dedication is required due to re-subdivision, the amount of cash dedication required
on the re-subdivided parcel(s) shall be based on the market value of the buildable
land at the time of re-subdivision and the factors set forth in subdivision 4 of this
Section less any applicable credit for the prior cash dedication.
Subd. 6. Right of Appeal: Pursuant to Minnesota Statutes, Sections 462.358 and 462.361
a subdivider may appeal the imposition of a dedication fee to the district court within
sixty (60) days of the approval of the subdivision application. The subdivider must
give written notice to the municipality City regarding a proposed fee dispute prior to
the final decision on the proposed subdivision. Upon receiving the notice, the
municipality City shall place the disputed fee amount in an escrow and shall
continue processing the subdivision application as if the fee had been paid. The
municipality City will must not condition the approval of any proposed subdivision
on the subdivider’s waiver of the right to challenge the dedication fee. If the
subdivider fails to appeal the dedication fee within sixty (60) days of the subdivision
approval, or if the subdivider does not prevail on the appeal, the funds paid into
escrow will be transferred to the municipality City.
SECTION 7. The City Council of the City of Mounds View hereby amends Appendix E
of the Mounds View Municipal Code by adding a “Minor Subdivision Reapproval Fee”
and a “Plat Reapproval Fee” to the Minimum Planning and Development Fees, as
follows:
Minor Subdivision Reapproval Fee……….…$50
Plat Reapproval Fee ………………………… $100
SECTION 8. In accordance with Section 3.07 of the City Charter, City staff shall have
the following summary printed in the official City newspaper in lieu of the complete
ordinance:
On September 26, 2011, the City Council adopted Ordinance 860 that amends
Chapters 1201, 1202 and 1204 of the Mounds View City Code to extend the
amount of time, from 120 days to six months, within which a plat or a minor
subdivision deed must be recorded with Ramsey County. A minor subdivision
reapproval fee of $50 and a plat reapproval fee of $75 were added to Appendix E
of the City Code to cover the costs of processing plat and minor subdivision
reapproval requests. The requirement that a plat must be submitted to the
Ramsey County Plat Commission has been removed from Chapter 1202. A
provision was added to Chapter 1202 that requires a preliminary plat applicant to
389566v3 SJS MU125-11 7
submit a title commitment or title opinion that establishes ownership of the
property. The deadlines for approval of a preliminary plat were changed in
Section 1202.01 to reflect statutory requirements. Dedication requirements in
Section 1204.02 were amended so that they reflect the recent statutory changes.
A printed copy of the ordinance is available for inspection during regular
business hours at Mounds View City Hall and is available on line at the
City’s web site located at www.ci.mounds-view.mn.us.
SECTION 9. This ordinance shall take effect and be in force 30 days from and after its
passage and publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on September 12, 2011.
Second Reading and Adoption by the Mounds View City Council on September 26, 2011.
Publication Date: October 6, 2011.
Joe Flaherty, Mayor
Attest:
______________________________
James Ericson
City Administrator
(seal)
Item No: 07C
Meeting Date: September 26, 2011
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 7829, Approving Step Increases for Officer
Andrew Olson, Accountant Agnes Quasabart, and Public
Service Officer Craig Swalchick
Background:
Police Officer Andrew Olson is a current employee with the Mounds View Police
Department. His supervisor, Sergeant Zender, has reviewed his performance as it relates
to his responsibilities outlined in the job description.
Accountant Agnes Quasabart is a current employee with the City of Mounds View. Her
supervisor, Finance Director Mark Beer, has reviewed her performance as it relates to her
responsibilities outlined in the job description.
Public Service Officer (PSO) Craig Swalchick is a current employee with the City of
Mounds View. His supervisor, Police Chief Kinney, has reviewed his performance as it
relates to his responsibilities outlined in the job description.
Discussion:
It was determined that Officer Andrew Olson has satisfactory performed in the capacity of
his position, and therefore, a step wage adjustment is consistent with the LELS Police
Officers Labor Agreement.
It was determined that Accountant Agnes Quasabart has satisfactorily performed in the
capacity of her position, and therefore, a step wage adjustment is consistent with the
AFSCME Union Contract.
It was determined that PSO Craig Swalchick has satisfactorily performed in the capacity of
his position, and therefore, a step wage adjustment is consistent with the AFSCME Union
Contract.
Recommendation:
Staff recommends approval of Resolution 7829, approving the listed step increases.
Respectfully Submitted,
__________________________
Desaree Crane
Assistant City Administrator
RESOLUTION 7829
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING STEP WAGE ADJUSTMENTS
WHEREAS, the following below are employees who are currently working for the City of
Mounds View; and
WHEREAS, their supervisors reviewed their performance as it relates to the responsibilities
outlined in the job description; and
WHEREAS, their supervisors determined that the following employees below have
satisfactorily performed in the capacity of their positions documented in their performance review on
file; and
WHEREAS, wage adjustments are consistent with the Mounds View Personnel Manual and
Labor Agreements.
NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby
approve a wage adjustment to the following indicated in the chart.
NAME CURRENT
POSITION
DATE OF
EMPLOYMENT/
CURRENT POSITION
CURRENT
STEP &
WAGE
STEP & WAGE
ADJUSTMENT
EFFECTIVE
DATE OF
ADJUSTMENT
Andrew
Olson
MV Police Officer
(Full Time)
April 25, 2011 Step 1:
$20.70/hour
Step 2:
$22.29/hour
October 25, 2011
Agnes
Quasabart
Accountant
(Full Time)
April 4, 2011 Step 1:
$24.84/hour
Step 1.5:
$25.62/hour
October 4, 2011
Craig
Swalchick
PSO
(3/4 Time)
October 26, 2010 Step 2:
$13.52/hour
Step 3:
$14.32/hour
October 26, 2011
Adopted this 26th day of September, 2011.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, City Administrator
(seal)
Item No: 07D
Meeting Date: Sept 26, 2011
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: First Reading and Introduction of Ordinance 864, an Ordinance
Amending Chapter 1008 of the Mounds View Municipal Code
Pertaining to Dynamic Display Signs
Introduction:
The City amended its sign code on January 12, 2009 to include operational requirements
and conditions for the use of dynamic display signage with the adoption of Ordinance 816.
The ordinance instituted several regulations regarding such signs as well as creating a
conversion process by which billboard companies could install a dynamic display billboard
face if it removed two-full faces elsewhere in the community. The City Council discussed
potential revisions at its work session on September 6, 2011.
Discussion:
Since the adoption of the ordinance in 2009, it has become evident that that the amount of
time that each unique message must be held on dynamic signs was more than necessary.
The intent of the ten second hold requirement was to prevent the sign’s message from
becoming a distraction to motorists. It has become clear that the hold time is much longer
than it needs to be. As a means to assess a more appropriate hold time, messages on the
City Hall sign rotate every three seconds after spending a couple weeks rotating on a four
second basis. The three second hold time does not appear to rotate too quickly or pose a
distraction.
In addition to the minimum hold requirement, the Code also provide an allowance for
dynamic signs where the background must be held for ten seconds but secondary graphics
were allowed to blend in and out of the message in a soft transition. This allowance has
been utilized by one area business without incident or complaint. For this reason as well,
staff believes the ten-second hold requirement could be reduced to allow for faster
transition between sign impressions without adversely affecting public safety. The
proposed hold time reflected in the attached ordinance is three seconds.
Billboards
In the time that has passed since Ordinance 816 was adopted in 2009, many dynamic
display billboards have been erected in the Twin Cities metropolitan area. Staff is not
aware of any incidents or complaints arising from such signs, and it would seem that many
of the original concerns expressed regarding such signs have not come to fruition. The
Council discussed this point at the August work session and expressed interest in revising
the City Code to be more permissive, as the present requirements effectively discourage
conversion of a billboard to a dynamic display.
Dynamic Display Sign Regulations
Sept 26, 2011
Page 2
The two factors that have effectively prevented the erection of a dynamic display billboard
are the hold time and the conversion requirement. According to the City Code, the hold
time for each billboard display impression is fifteen seconds. The billboard industry
standard for hold time (they call it “dwell” time) is eight seconds. Regarding the conversion
requirement, the Code indicates that for each one dynamic face converted, two static faces
must be removed. Given the economics associated with outdoor advertising and the
length of time the structures must be maintained to amortize the original cost of
construction, both issues--the dwell time and the two-for-one conversion requirement—
have proven to be insurmountable impediments.
What the City Code does NOT presently address, however, is a location requirement for
dynamic display billboards. The proposed language indicates that dynamic display
billboards may ONLY be located fronting Interstate 35W and only by permit issued by the
City. The proposed revisions also include a provision to quantifiably limit the brightness of
such signs.
Recommendation:
Staff City Council consideration of the first reading and introduction of Ordinance 864, an
ordinance amending Chapter 1008 of the Mounds View Municipal Code relating to dynamic
Display billboards/ the Second reading and adoption, if the first reading is approved, will
be scheduled presently for October 10, 2011.
Respectfully submitted,
________________________
James Ericson
City Administrator
ORDINANCE NO. 864
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1008 OF THE MOUNDS VIEW CITY CODE
RELATING TO THE REGULATION OF DYNAMIC DISPLAY SIGNS
SECTION 1. The City Council of the City of Mounds View hereby amends Title
1000, Chapter 1008, Section 1008.10, Subdivision 9 of the Mounds View Municipal Code
by adding the underlined material and deleting the stricken material as follows:
Subd. 9. Dynamic Display Signs:
a. Findings: Studies, such as “Dynamic Signage: Research Related to Driver
Distraction and Ordinance Recommendations” prepared by SRF Consulting Group, Inc.,
dated June 7, 2007 for the City of Minnetonka, Minnesota, have shown there is a
correlation between dynamic displays on signs and distraction of motor vehicle drivers. As
such, the City of Mounds View adopts these standards and regulations to protect the
health, safety, welfare, image and aesthetics of the City.
b. The City allows noncommercial dynamic display signs wherever the City allows
commercial dynamic display signs. Such signs are subject to the same standards and total
maximum allowances per site or building of each sign type specified in this Chapter.
b c. Standards for all dynamic display signs:
(1) The images and messages displayed on the sign must be static,
complete in themselves, without continuation in content to any other sign. The messages,
content and images on all such displays shall not flash or blink and shall not include any
video images or content.
(2) No person or contractor shall install a dynamic display sign that because
of its position, shape, movement or color, interferes with the proper functioning of a traffic
sign, signal or that constitutes a traffic hazard.
(3) All dynamic display signs shall have ambient light monitors and shall, at
all times, allow such monitors to automatically adjust the brightness level of the sign based
on light conditions.
(4) The manufacturers, owners and operators of dynamic display signs must
design and equip such signs with a fully functional monitoring off switch system that
automatically shuts the sign off or will freeze the device or sign in one (1) position; if a
malfunction occurs. The signs and displays also must be equipped with a means to shut
off or discontinue the display if it malfunctions. The sign owner or operator must stop or
shut off the dynamic display within one (1) hour or as soon as reasonably possible of the
City notification that the sign is not meeting the standards of this Section of Chapter.
Ordinance 864
Page 2
(5) All dynamic display signs shall meet the following brightness standards:
(a) No sign shall be brighter than is necessary for clear and adequate visibility.
(b) No sign shall be of such intensity or brilliance as to impair the vision of a motor
vehicle driver with average eyesight nor shall such a sign interfere with the driver’s
operation of a motor vehicle in any way or manner.
(c) No sign may be of such intensity or brilliance that it interferes with the
effectiveness of an official traffic sign, device or signal.
(d) The person owning or controlling a sign with a dynamic display shall adjust the
sign to meet the brightness standards according to the City’s instructions. The sign owner
or operator shall adjust the sign within one (1) hour or as soon as reasonably possible
upon notice of non-compliance from the City.
(e) All dynamic display signs installed after December 31, 2008, shall be equipped
and operated with an ambient light monitor or a mechanism that automatically adjusts the
brightness level of the sign in response to light conditions. These signs also shall be
equipped with a means to turn off immediately the display or lighting if the sign
malfunctions, and the sign owner or operator must turn off the sign or lighting within one (1)
hour or as soon as reasonably possible after the City notifies the owner or operator that the
sign is not meeting the standards of this Section or Chapter.
(f) In addition to the brightness standards required above, dynamic display signs
shall meet the City’s lighting requirements as listed in Section 1103.09 (Glare) of the City
Code.
c d. The City allows dynamic display signs on on-site freestanding or ground signs
subject to Section Chapter 1008.10, subdivision 1 (Ground Signs) of the City Code, the
above-mentioned standards for all dynamic display signs, and subject to the following
additional conditions:
(1) The owners or operators of such signs shall not use messages, content
or images that flash or blink.
(2) The images or messages on such signs shall not include any video
images or content.
(3) Such signs may be located only in the Limited Business (B-2), Highway
Business (B-3), Regional Business (B-4) or Commercial Planned Unit Developments
(PUD’s) zoning districts.
(4) Such signs may be located on the sites of schools, churches, places of
worship or other institutional land uses, subject to the following additional conditions:
(a) City Council approval of a conditional use permit (CUP) as outlined in Section
1106.04 and Section 1125.01, subdivision 3 of the City Code.
Ordinance 864
Page 3
(b) Such signs shall not cause glare, disturbance or other problems to any
residential properties or land uses.
(5) The owner or operator of a dynamic display sign shall control and display
the primary or background images and messages on the sign so they maintain each
display for a minimum of ten (10) three (3) seconds. The City allows images, messages or
content on such signs that are static, with secondary or accessory animation or movement
that floats in, out, or across the primary message or those that have soft transitions.
(6) The City allows dynamic displays as part of a permanent freestanding or
ground sign, only if the dynamic display part of the sign comprises no more than fifty (50)
square feet of the sign area or fifty percent (50%) of the total square footage of said sign
face, whichever is less.
(7) Such signs may only display and advertise information about products,
events, persons, institutions, activities, businesses, services, or subjects that are located
on the premises or on the site or only to provide public service or community service
information.
(8) Such signs must meet all other City location and setback requirements.
d e. The City allows off-site dynamic display signs subject to Section 1008.10,
subdivision 6 (Billboards) of the City’s Code, the above-mentioned standards for all
dynamic display signs, and the following operational standards and additional conditions:
(1) The images and messages displayed on the billboard must be static and
each display must be maintained for a minimum of fifteen (15) eight (8) seconds. The
transition from one (1) static display to another must be instantaneous and without any
special effects or videos.
(2) Only billboards located adjacent to Interstate 35W may be retrofit to a
dynamic display, and only subsequent to a building permit issued by the City. One
hundred percent (100%) of the sign face may be used for dynamic display. The owner of
the billboard shall apply to the City for and the City shall issue a permit to retrofit up to one
hundred percent (100%) of one (1) sign face of an existing billboard structure with a
dynamic display if the responsible person, applicant or contractor meets all the following
requirements:
(a) The applicant or contractor may only convert one (1) sign face on a billboard
structure per request.
(b) The applicant or sign owner agrees in writing to the permanent removal of two
(2) billboard sign surfaces or faces in Mounds View within thirty (30) days after the City
issues the permit for each dynamic display surface. The required removals shall include
the complete removal of the billboard structure and foundation supporting each removed
sign surface or sign face. The applicant must agree that the City may remove the sign
structure and surfaces if the applicant does not do so, and the permit application must
identify the sign surfaces to be removed and the applicant shall submit to the City a cash
deposit, letter of credit or other form of financial security acceptable to the City Attorney
Ordinance 864
Page 4
sufficient to pay the City’s costs for that removal. The applicant also must agree that they
are removing the sign surfaces voluntarily, that the applicant or owner has no right to
compensation from any governmental unit for the removed sign surfaces under any law
and that the applicant or owner has no right to rebuild or relocate the billboard elsewhere in
Mounds View. Replacement of an existing sign surface of a billboard with a dynamic
display sign does not constitute a removal of a sign surface.
(c) If the removed sign surface is one that the state required a state permit, the
applicant must surrender its permit to the state upon removal of the sign surface. The sign
that is the subject of the dynamic display sign permit cannot be turned on or begin to
operate until the sign owner or operator provides proof to the City that the state permit has
been surrendered.
(d) The billboard removal must be complete and inspected by the City before the
owner or operator turns on or puts into operation the dynamic display sign.
(3) Dynamic Display billboards shall not operate at a brightness level of more
than 0.3 foot candles above ambient light, as measured at a distance of 250 feet.
(4) (e) Public Safety. If City staff determines that a dynamic display sign is
not being operated pursuant to this Chapter due to its location or display capabilities, City
staff can require the sign owner or operator to move, remove or modify the sign after the
City notifies the property owner or operator about the operational issues.
(3) Mounds View intends the provisions of this Chapter and Sections about
billboards to provide an incentive option for the voluntary and uncompensated removal of
off-site signs or billboards. The City bases these provisions on the recognition that the
incentive creates an opportunity to consolidate outdoor advertising signs and services that
would otherwise remain in Mounds View.
SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall
have the following summary printed in the official City newspaper in lieu of the complete
ordinance:
On October 10, 2011, the City Council adopted Ordinance 864 that amends Section
1008.10 of the Mounds View City Code to reduce the amount of time that messages
must be maintained on dynamic display signs from ten seconds to three seconds for
on-premises signs and from fifteen seconds to eight seconds for off-premises signs
(billboards.) In addition, the ordinance eliminated the provision which required two
billboard faces to be removed for every one billboard face converted to a dynamic
display, and restricted dynamic billboard faces to locations adjacent to I-35W.
A printed copy of the ordinance is available for inspection during regular business
hours at Mounds View City Hall and is available on line at the City’s web site located
at www.ci.mounds-view.mn.us.
Ordinance 864
Page 5
SECTION 3. This ordinance shall take effect and be in force 30 days from and after
its passage and publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on September 26, 2011.
Second Reading and Adoption by the Mounds View City Council on October 10, 2011.
Publication Date: October 20, 2011
Joe Flaherty, Mayor
Attest:
______________________________
James Ericson
City Administrator
(seal)
392084v2 SJR MU125-11
Kennedy 470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402-1458
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
Graven
C H A R T E R E D
SCOTT J. RIGGS
Attorney at Law
Direct Dial (612) 337-9260
Email: sriggs@kennedy-graven.com
MEMORANDUM
Date: September 22, 2011
To: Jim Ericson, City Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
MU125-11: Administration. General discussions with staff regarding various City matters.
Work on draft code amendments to the City Code regarding variances and
forward draft amendments to City Staff. Review subdivision requirements from
the City Code and begin drafting amendment to subdivision requirements.
Consult with City staff regarding same. Consult with City staff regarding
proposed amended code. Consult with City staff regarding K-9 programs and
funding sources. Consult with City Staff regarding prosecution diversion
programs. Review resolution regarding Equipment Certificates to be issued by
the City of Blaine and a Supplement to the Joint Powers Agreement for the SBM
fire dept. Matters are presently pending.
MU125-65: Licensing Matters. Consult with City staff regarding tobacco product shop
moratorium ordinance. Matter is presently pending.
MU210-31: City Hall Renovations. Review reroofing contract documents and provide
comments to City staff. Consult with City staff regarding certificate of insurance
issues. Matter is presently pending.
MU210-54: City Code Update/Revisions. Revise and update City Code. Consult with City
staff regarding revisions, questions, etc. Matter is presently pending.
&
Mr. Jim Ericson
September 22, 2011
Page 2
392084v2 SJR MU125-11
MU210-106: Labor Issues. Consult with City staff regarding recording requirements for closed
sessions in which labor negotiations are discussed. Matter is presently pending.
MU210-164: Franchise Matters. Consult with City staff regarding Xcel franchise. Matter is
presently pending.
MU210-166: Billboard Matters. Review question regarding dynamic billboards and proposed
revisions to City Code. Consult with City staff regarding same. Matter is
presently pending.
MU210-189: Coventry Senior Living Project. Review final plat and other documentation.
Consult with City staff regarding same. Matter is presently pending.
MU210-192: Senior Housing Revenue Bonds, Series 2010 (Select Senior Living). The
temporary bonds that were issued and expected to be refunded with permanent
bonds in 2011 have been defeased. Matter is presently pending.
MU210-195: Lambert Park Shelter Project. Review Lambert Park Shelter contract documents
and materials and provide comments to City staff. Consult with City staff.
Matter is presently pending.
MU210-196: Minor subdivision: 7337 Spring Lake Road. Review preliminary documentation.
Consult with City staff. Matter is presently pending.
SJR:jms