HomeMy WebLinkAboutAgenda Packets - 2010/08/02
CITY OF MOUNDS VIEW
CITY COUNCIL WORK SESSION AGENDA
MOUNDS VIEW CITY HALL
Monday, August 2, 2010
7:00 p.m.
ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
PUBLIC COMMENT
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.
Agenda Items Discussed by Consensus
1. Appearance by Coralie Wilson about NSAC / NSCC Matters (verbal report)
2. 2011 Fire Department Capital Budget Review
3. Discuss Policy about Recreational Fires
4. Review Temporary Signage Allowances
5. Request of Moe’s to Conduct an Outdoor Event in Conjunction with the Festival in the Park
6. Discuss Chicken Keeping in Mounds View
7. 2011 City Budget Review
Next Work Session: Tuesday, September 7, 2010, 7 p.m.
Next City Council Meeting: Monday, August 9, 2010, 7 p.m.
Item No: 4
Meeting Date: August 2, 2010
Type of Business: WS
Administrator Review: ________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Discussion about Temporary Signs
Introduction:
At the July 12, 2010 City Council meeting, a Mounds View business owner talked to the
Council about wanting to use temporary signs, specifically banners, on the outside of his
building, and questioned why the city limits the use of temporary signage. The City Council
directed staff to bring the topic of temporary signage to the August 2, 2010 Worksession for
further discussion.
Background:
The following is from Chapter 1008.01 of the city code (the sign regulations):
PURPOSE: This chapter is intended to establish a comprehensive and balanced system of sign
control that accommodates the need for a well-maintained, safe, and attractive community, and
the need for effective communications including business identification. The City of Mounds View
finds it is necessary for the promotion and preservation of the public health, safety, welfare, image
and aesthetics of the community that the construction, location, size and maintenance of signs be
controlled. Further, the City finds that:
a. Permanent and temporary signs have a direct impact on and relationship to the image
and aesthetics of the City;
b. The manner of installation, location and maintenance of signs affects the public health,
safety, welfare and aesthetics of the City;
c. an opportunity for viable identification of residences, businesses and institutions in the
City must be established;
d. the safety of motorists, cyclists, pedestrians and other users of public streets and
property is affected by the number, size, location and appearance of signs that create hazards
for drivers and unduly divert the attention of drivers;
e. installation of signs suspended from, projecting over, or placed on the tops of buildings,
walks or other structures may constitute a hazard during periods of high winds and an
obstacle to effective fire-fighting and other emergency service;
f. uncontrolled and unlimited signs and sign types, particularly moving signs and signs
with dynamic displays, adversely impact the image and aesthetic attractiveness of the City
and thereby undermine economic value and growth;
g. uncontrolled and unlimited signs, particularly temporary signs which are commonly
located within or adjacent to public right-of-way or are located at driveway/street intersections,
result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to
drivers and pedestrians and also adversely impacts a logical flow of information;
Temporary Signage Staff Report
August 2, 2010
Page 2
h. signs are generally incompatible with residential uses and should be strictly limited in
residential zoning districts;
i. the right to express opinions in any zoning district must be protected, subject to
reasonable restrictions on size, height, location and number.
j. the City does not intend to nor does it propose to regulate the message on any sign;
k. the City intends to protect the public from the dangers of unsafe signs.
Discussion:
The City Code regulates the use of all signs – including temporary signage. Temporary signs
include banners, beacons, changeable copy/portable signs, inflatable signs, flag or pennant
stringers and window signs that are affixed to the outside of the window. Many businesses in
Mounds View regularly use various styles of temporary signs – the most commonly used are
banners and portable signs (example - the black, approximately 4’x6’, signs that are delivered
on a trailer, freestanding on legs and typically use fluorescent colored lettering for the
messages).
The sign code states that all temporary signs require a “temporary sign permit” which allows a
business to have a temporary sign for 21 days. An exception is real estate signs that are
located on the property that is for sale/lease. Each business is then allowed to have 3
temporary sign permits per calendar year, which equals 63 days of possible temporary
signage use. Only 1 temporary sign is allowed on a property at a time. With the downturn of
the economy, the use of temporary signs has increased in the last couple of years, but they
are used frequently every year.
Monitoring the use and permitting of temporary signage is an on-going battle for staff. Below
is a list of the main issues that staff deals with regarding temporary signage:
Businesses not getting permits for temporary signs – this is an on-going issue with a few
businesses
Businesses ignoring contact/letters from the City requesting the business to get a sign
permit or to remove the sign
Not taking down the sign when the permit expires – sometimes this is the sign company’s
fault if they don’t pick up the sign when the permit expires
Business putting out sandwich boards or ground signs only during operating hours
Multi-tenant buildings (Mounds View Square in particular) that has temporary signs non-
stop on the property because several of the tenants use these signs. The businesses are
applying for sign permits for time periods that are 1-2 months out
Multiple temporary signs on one property at the same time
Signs are placed in the public right-of-way
Staff researched temporary signage codes in other communities. The following is the current
Mounds View temporary sign code and other cities’ requirements:
Temporary Signage Staff Report
August 2, 2010
Page 3
Mounds View (Ch 1008.10 subd.4):
All temporary signs require a permit prior to the installation of the sign
Fee is $30 per 21-day period
Three 21-day periods are allowed per calendar year. Permit periods may run consecutively
if approved by city staff.
Only 1 temporary sign is allowed on a property at a time, including multi-tenant properties,
except in the event of a grand opening or other special event
Temporary signs include banners, inflatable signs or devices, sandwich boards, portable
changeable copy signs or any other device intended to attract attention.
Arden Hills:
All temporary signs require a permit.
Permit fee is $50
May have a temporary sign displayed 3 times per calendar year with a maximum of 10 days
for each occasion. The 3 occasions may be used consecutively with one permit.
Only 2 temporary signs are allowed on a property at a time,
Temporary signs include portable signs (only sandwich, A-frame, T-frame or similar portable
signs that do not exceed 6 square feet are allowed), streamers, pennants, banners,
balloons, inflatables or other similar object with a commercial message.
New businesses are eligible for 1 additional temp sign permit and the sign may be in place
for up to 30 days. The eligibility expires 6 months after the business opens.
Has designated “sign districts” with specific sign standards in each district
Blaine:
All temporary signs require a permit prior to the installation of the sign
Permit fee is $50
May have temporary signs 4 periods per year with a maximum of 14 days per period. New
businesses may have 1 additional period
If the sign is put up without a permit, the fee is doubled
Fridley:
All temporary signs require a permit prior to the installation of the sign
Permit fee is $75 for signs under 40 square feet, and $100 for signs over 40 square feet.
Prior to issuing a permit, the applicant must provide a $200 deposit (cash or check) to the
City (check will be deposited). The deposit will be returned only if the temporary sign is
removed by noon of the next business day after the temporary sign permit expires. 2-3
week wait for applicant to receive the refund.
Only 1 temporary sign is allowed on a property at a time
The time limit for a temporary sign permit is 14 days. Each property is allowed a certain
number of time periods, which then must be shared among the various tenants. The
number of time periods allowed depends on how many businesses are in the building:
Temporary Signage Staff Report
August 2, 2010
Page 4
Lino Lakes:
Banners and portable signs (not including sandwich boards) require a permit prior to the
installation of the sign
Permit fee is $25 per period
1 permit is allowed per quarter of any calendar year
Permit period is good for 17 days, period always starts on a Friday
If the sign is put up without a permit, the fee is doubled
Sandwich boards require 1 temp sign permit, and the permit is good as long as the same
business is in operation at the location. Sandwich boards may only be placed within 15 feet
of the business entrance.
Pennants, balloons or inflatable signs are not allowed
Maplewood:
No permit is required for:
o banners used no more than 30 days – no more than 150 square feet or 20% of wall
area, whichever is less, 1 banner allowed per business
o Window signs – may cover up to 75% of window area
o 1 sign or display up to 12 square feet per business for up to 30 days. Multi-tenant
buildings can have up to 3 signs on the property at a time
o Flags or streamers
Permit fee is $45
Permit required for banners used for more than 30 days – during the first year of business,
banner may be used for up to 60 days, temporary seasonal sales maybe use banner for up
to 90 days. Banner may be up to 8 feet tall and 32-64 square feet (size allowed depends on
zoning of property)
Permit required for portable signs or balloon displays
New Brighton:
Permits required for all temporary signs prior to the installation of the sign
Permit fee is $85
Portable signs are not allowed
2 permits allowed per business/lot per calendar year - must be at least 90 days between
permit effective dates
Permit period is for 30 days
Roseville:
Permit required for all temporary signs prior to the installation of the sign
Permit fee is $25
Banners, A-frames, inflatables larger than 2 feet across, and portable/mobile signs are not
allowed
Temporary signs may not be used more than 20 days per calendar year - the 20 days may
be broken into multiple days/events
Shoreview:
Permit required for all temporary signs prior to the installation of the sign
Permit fee is $3.00/square foot with a minimum fee of $50
Pennants, balloons/inflatables and portable signs are not allowed
Permit period is for 2 weeks
Temporary Signage Staff Report
August 2, 2010
Page 5
2 permits allowed annually
Must be at least 30 days between display periods
Spring Lake Park:
Permit required for all temporary signs prior to the installation of the sign
Permit fee is ??
Permit period is 2 weeks
3 permits allowed annually (maximum of 6 weeks)
White Bear Lake:
Permit required for all temporary signs (except sandwich boards) prior to the installation of
the sign
Permit fee is $30
No permit fee for temporary special event signs
Portable signs are not allowed
No permit required for sandwich board signs
o Allowed in certain central business districts only
o Only 1 sandwich board sign is permitted per business
Banner rules:
o Up to 4 banners are allowed per property per calendar year
o Time period is not to exceed 60 consecutive days for any one banner
o The total number of banner display days shall not exceed more than 120 days per
calendar year
o Not more than 1 banner at a time for single tenant buildings
o For shopping centers:
each tenant is permitted up to 3 banners per calendar year, not to exceed 60
consecutive days per banner or 90 banner display days total per calendar year.
No more than 2 banners shall be displayed in a shopping center at a time
Temporary display rules:
o Examples are 3-dimensional shapes, balloons or other inflatable shapes
o Shall be permitted for a period not to exceed 14 days per display
o Each property is allowed up to 3 displays per year
o Require a sign permit
Anyone who installs on his property any sign governed by the sign ordinance prior to a
permit being issued shall pay an additional $200 application fee
Other temporary sign issues and questions:
Residential non-commercial “opinion” signs – a few homes in the city have had several
signs in the yard at same time. The city code has no specific guidelines on these signs
other than a definition.
If banners or signs are allowed without regulations, some businesses would use them as
permanent signage, or they will remain in place for long periods of time, and then they will
deteriorate.
Some types of temporary signage are maybe not really temporary – example: the metal
framed sign in the front yard of Super America- only the insert is changed out, but the
frame isn’t permanently attached to the ground
Temporary Signage Staff Report
August 2, 2010
Page 6
Should the city address a business wanting to use a temporary sign for only one day, only
for lunch specials, or a an “every Tuesday” sign?
The fast food restaurants attach signs to the light posts in the parking lots.
People selling or leasing apartments and homes want to place directional signs on
corners pointing to their property (not including open house signs). The code does not
allow signs in the right-of-way, and real estate signs can only be placed on the property
for sale or lease.
Staff would like direction on how restrictive the City Council wants to be with temporary
signage. Monitoring and enforcing temporary signage is an on-going issue for staff. Many
businesses are very cooperative, and many are not.
Staff does suggest adding requirement for non-commercial opinion signs. It appears that
most cities do specifically address this type of sign in their codes – every city limited them to
one per property (or one per street front – a corner lot could have two signs) and a size limit of
6 or 8 square feet.
Recommendation:
After discussing, please provide direction to City Staff about what, if any changes the City
Council wants to make to the sign code about temporary signs.
Respectfully submitted,
Heidi Heller
Planning Associate
Item No: 5
Meeting Date: Aug 2, 2010
Type of Business: Work Session
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Clerk - Administrator
Item Title/Subject: Discuss Request of Moe’s to Conduct an Outdoor Event in
Conjunction with the Festival in the Park
Introduction:
Jeff Moritko, owner and operator of Moe’s, located at 2400 County Road 10, addressed the
City Council at a recent meeting, asking whether the City would allow him to have an
outdoor event in conjunction with the Festival in the Park on August 21, 2010, and end the
event at 11 pm.
Background:
Moe’s has held outdoor events in its parking lot for the last four years. The events usually
include food and alcohol sales, activities, tents and live, amplified music. Billed as
neighborhood, customer appreciation events, the staff at Moe’s hand delivers flyers to
homes within a wide radius of the property, alerting and inviting neighbors to the outdoor
event. The music is directionally amplified away from the residential areas to the south.
During this time, there have been very few complaints about the music. This year, in
addition to the annual customer appreciation event held in June, Mr. Moritko plans to hold
a summer block park in conjunction with Mounds View’s Festival in the Park, and would like
to end the music at or before 11 pm, after the fireworks have concluded.
Discussion:
The City generally prohibits noise outdoors between the hours of 10 pm and 7 am. (Refer
to Section 607.08 of the City Code, attached, for the regulations pertaining to “noise” in
Mounds View.) Specifically, Section 607.08, Subd 2 addresses nighttime noise as follows:
“No person shall, between the hours of ten o'clock (10:00) P.M. and seven
o’clock (7:00) A.M., participate in any loud party or gathering of people from
which noise emanates of a sufficient volume as to disturb the peace, quiet or
repose of persons residing in any residential area.”
While the above requirement is intended to address parties held in homes, certainly by
extension the same requirements can be applied to a commercial property, if the sound or
noise is of such a volume to be disturbing the peace and comfort of any person residing in
a residential district. The challenge with this lies in the enforcement and the judgment of
the responding officer to determine whether the noise constitutes an unreasonable
nuisance.
Moe’s Festival Request
Aug 2, 2010
Page 2
Given that the City’s fireworks may go beyond 10 pm, and in some previous years have
started AFTER 10 pm, allowing for the continuation of music until after the fireworks
concludes, would not necessarily seem unreasonable, especially if neighbors near the
facility have been notified and invited to attend.
In the event noise complaints regarding the Moe’s outdoor party are received after 10 pm
on the night of the Festival, responding officers would need to take appropriate action.
Recommendation:
Discuss the request of Jeff Moritko, owner of Moe’s, to hold an outdoor event on the night
of August 21, 2010, in conjunction with the Festival in the Park, with amplified music ending
on or before 11 pm.
Respectfully submitted,
________________________
James Ericson
Clerk - Administrator
Mounds View City Code
Chapter 607 - Nuisances
607.08: NOISE CONTROL REGULATIONS: (Ord. 694, 3-11-02)
Subd. 1. Loud Or Unnecessary Noises Prohibited: It shall be unlawful for any person to
make or cause to be made any loud, unnecessary or unusual noise which either annoys,
disturbs or affects the comfort, repose, health or peace of others.
Subd. 2. Loud Or Disturbing Noises Enumerated; Restrictions: The following acts set
forth in the following paragraphs are declared to be loud, disturbing and unnecessary
noises in violation of this Section, but said enumeration shall not be deemed to be
exclusive:
a. Construction or Repairing of Buildings: The erection, including excavating,
demolition, alteration or repair of any building between the hours of ten o'clock
(10:00) P.M. and seven o'clock (7:00) A.M., Monday through Sunday. The City
Clerk-Administrator may grant authority for work to occur at anytime in the event of
an emergency or when it is found that such activity would not affect the health,
safety, comfort and repose of persons in the vicinity. (Amended, Ord. 789, 5-29-07)
b. Nighttime Noise in Residential Areas; Parties:
(1) No person shall, between the hours of ten o'clock (10:00) P.M. and seven
o’clock (7:00) A.M., participate in any loud party or gathering of people from
which noise emanates of a sufficient volume as to disturb the peace, quiet or
repose of persons residing in any residential area.
(2) Loud noises between the hours of ten o'clock (10:00) P.M. and seven
o'clock (7:00) A.M. of such volume as to be plainly audible at a distance of
one hundred feet (100') from the residential premises wherein such loud
party or gathering is located shall be prima facie evidence of a violation of
this Section.
(3) No persons shall visit or remain within any residential dwelling unit
wherein such loud party gathering is taking place, except the owner, persons
residing in that unit or persons who are there for the sole purpose of abating
the disturbance. (Ord. 556, 3-20-95)
c. Stereos, Radios, Tape Players, Disc Players, Etc.: Operation of a stereo, radio,
tape player, disc player, or any such device at anytime in a motor vehicle in such a
manner as to be plainly audible at a distance of fifty feet (50') from the vehicle shall
be prima facie evidence of a violation of this Section. (Ord. 612, 4-13-98)