HomeMy WebLinkAboutAgenda Packets - 2001/05/07M:\MasterFiles\1999 thru 2010\2001\City Council\Work Session Packets\05-07-2001 W. S\Agenda -- Work Session, May 7, 2001.doc
CITY OF MOUNDS VIEW
WORK SESSION AGENDA
MONDAY, MAY 7, 2001
[Work Session will begin immediately following the
Special Council Meeting]
Call to Order
Roll Call: Sonterre, Quick, Marty, Stigney, Thomas
Approval of Agenda
________ 1. Employee Recognition Event-Givonna Reed
________ 2. Day Care Facility Lease – Kathleen Miller
________ 3. Presentation of Proposed Amendments to Chapter 607, Nuisances, of the
City Code -- Jeremiah Anderson
________ 4. Discussion Regarding Proposed Changes to Chapter 1002, Fire Code –
Kathi Osmonson, Fire Marshal
________ 5. Interim Compensation Policy for City Employees-Givonna Reed
________ 6. Discussion Regarding Ordinance 679, an Ordinance Revising Chapter 1008
of the Municipal Code, “Sign Code” – Jim Ericson
________ 7. Discussion of Potential Participation in the Minneapolis Metro North
Convention and Visitors Bureau - Aaron Parrish
________ 8 Discussion Regarding Redevelopment Priorities and Redevelopment Tools –
Aaron Parrish
________ 9. Discussion Regarding a Proposed Minor Subdivision and Vacation Request
Associated with Properties Located at 8360 Spring Lake Road and 8360
Pleasant View Drive – Jim Ericson
________ 10. Purchase Agreement for 2625 Highway 10 – Aaron Parrish
________ 11. Proposed Budged Calendar – Bruce Kessel
________ 12. Internet Electronic Tee Sheet – John Hammerschmidt
M:\MasterFiles\1999 thru 2010\2001\City Council\Work Session Packets\05-07-2001 W. S\Item 02--Childcare Lease Options--Kathleen Miller.doc
Item No.2
Type of Business: WS
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kathleen Miller, City Administrator
Item Title/Subject: Child Care Facility Lease Agreement Options
Date of Report: May 7, 2001
Background
The City of Mounds View entered into a lease Agreement with The Children’s Home
Society (CHS) April 13, 1999. The City received official notification March 19, 2001 in a
letter dated March 14, 2001 of CHS’ intentions to close the Center on April 6, 2001 and
turn it over to the City on April 30, 2001. Since that time the City has received five
proposals from various organizations interested in leasing the space which were reviewed
with the City Council at the May 7, 2001 Work Session. The City Council made it clear that
its preference was to fill the space with a Child Care provider if at all possible. Staff
reviewed the three applications
• Northweststern College Child Development Center
• Creative Childcare
• Un Mundo Nuevo
submitted by Child Care providers in greater detail by first seeking background checks
which found that no complaints had been issued against the two existing organizations.
Interviews were conducted using the following criteria:
• Stability of organization...does the facility have an operating history?
• Financial...is it financially secure?
• Quality of care…what kind of programming is available?
• Costs
A panel of three, including one Council representative and two staff members interviewed
the interested applicants. While all were found to be financially able, and all appeared to
provide quality programming, only two had established Centers. Un Mundo Nuevo has not
been tested. Given the fact that CHS couldn’t make a go of it, the panel was concerned
that without a proven history we could not continue to consider that option. The panel
narrowed the selection to Northwestern College and Creative Kids Childcare Center.
Because additional questions came up as a result of the interviews, unscheduled site visits
were conducted. We found both organizations to be accommodating in providing us with a
tour and patiently answering our questions. The Centers were clean and well staffed.
M:\MasterFiles\1999 thru 2010\2001\City Council\Work Session Packets\05-07-2001 W. S\Item 02--Childcare Lease Options--Kathleen Miller.doc
The cost for enrolling a child in the facilities differed:
Northwestern Creative Kids
Infants $210
Toddlers $200 $170
Preschoolers $175 $155
Recommendation:
Staff is seeking City Council direction on this matter.
Respectfully Submitted,
___________________________
Kathleen F. Miller
City Administrator
Item No: 3
Meeting Date: 5/7/01
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: Jeremiah Anderson, Housing/Code Enforcement Inspector
Item Title/Subject: Presentation of Proposed Changes to Chapter 607,
Nuisances of the City Code
Date of Report: May 2, 2001
Background:
Chapter 604 of the Mounds View City Code, Nuisances, was completely repealed and
replaced with a new Chapter 607, Nuisances, on March 20, 1995 with the passage of
Ordinance 556. One of the biggest changes that came with Ordinance 556 was the
addition of City abatement procedures. Since that time, there have been only minor
changes to the existing Nuisance Code.
Almost six years have passed since the last major review of the Nuisance Code.
During that time, enforcement issues relating to junk, garbage, debris and
abandoned/junk vehicles have accounted for the majority of all violations. These
violations continue to be the most prevalent and are, the most time consuming
violations for staff to resolve due to their abundance and the social/economic
conditions that often accompany their presence. In addition to consuming staff
time, these types of violations contribute to urban blight, which has a direct impact
on the appearance of a community.
Discussion:
After discussion at the City Council work session on March 5, 2001, Council directed
staff to conduct additional research regarding vehicles constituting a public nuisance
and draft an ordinance that strengthened the existing nuisance code provisions
regarding the abatement of vehicles constituting a public nuisance. Attached to this
report are the findings of this research and additional information relating to this
subject.
Staff has researched this matter and created a matrix of surrounding Cities with
nuisance codes and abatement procedures that you will find attached to this report.
As you can see from reading the matrix, all five of the surrounding Cities surveyed
had adopted some form of nuisance code. However, abatement procedures differ
from city to city.
Lastly, staff has obtained information from the League of Minnesota Cities and
Minnesota Statutes regarding abandoned and junk vehicle regulations and
ordinances. All of the proposed changes to the Mounds View Nuisance code were
made using all this information and have been forwarded to the City Attorney for
further review.
Recommendations:
Consideration and approval of the proposed changes to Chapter 607 of the Mounds
View City Code. Additionally, direct staff to draft and ordinance reflecting these
changes to be presented at the next regular Council meeting.
Jeremiah Anderson
Housing/Code Enforcement Inspector
Attachment 1: Proposed Changes to the Nuisance Code
Attachment 2: Abatement Matrix
Attachment 3: Minnesota Statutes 168B.01 to 168B.101
Attachment 4: League of MN Cities Model Ordinance
Attachment 5: City of Fridley Abandoned, Junk or Unsafe Vehicle Ordinance
CHAPTER 607
NUISANCES 1
SECTION:
607.01: Rules And Definitions
607.02: Nuisances Defined
607.03: Nuisances Enumerated
607.04: Special Provisions; Building Maintenance And Appearance
607.05: Cesspools Or Septic Tanks
607.06: Outside Parking And Storage
607.07: Noise Control Regulations
607.08: Enforcement
607.01: RULES AND DEFINITIONS:
Subd. 1. "Person", as used herein, includes any person, firm or corporation and the singular shall include the plural.
Subd. 2. "City" as used herein, means the City of Mounds View, in Ramsey County, State of Minnesota.
Subd. 3. Where references are made herein to particular officers, boards, agencies, or the City Council, those are to that
of the City of Mounds View, Minnesota unless otherwise defined.
Subd. 4. Beverages with an alcoholic content not exceeding three and two-tenths percent (3.2%) shall be included in the
term "intoxicating liquors", as used herein.
Subd. 5. "Junk" means old or scrap hazard signs, copper, brass, rope, rags, batteries, paper, synthetic or organic, trash,
rubber debris, waste, or junked, dismantled, or wrecked automobiles or farm or construction machinery or parts
thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (Ord. 556, 3-20-95)
1 For offense provisions regarding similar subject matter, see Chapter 702 of this Code.
607.02 607.03
607.02: NUISANCES DEFINED: A nuisance shall mean any act, substance, matter, emission or thing which
creates a dangerous or unhealthy condition or which threatens the public peace, health, safety or sanitary condition of the City
or which is offensive or has a blighting influence on the community and which is found upon, in, being discharged or flowing
from any street, alley, highway, railroad right of way, vehicle, railroad car, water, excavation, building, erection, lot, grounds,
or other property located within the City. Nuisances shall include, but not be limited to, those enumerated below:
Subd. 1. Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, comfort or
repose of members of the public; or
Subd. 2. Interferes with, obstructs or renders dangerous for passage, any public road or right of way, street, alley or
highway or waters used by the public; or
Subd. 3. Is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is
specifically provided; or
Subd. 4. Anything left or displayed for sale on pubic or private property without written permission by the owner or
person in control of the property conspicuously displayed on the item left for sale may be tagged and/or towed at
the owner's expense or its owner tagged; or
Subd. 5. In any way renders the public insecure in life or in use of property. (Ord. 556, 3-20-95)
607.03: NUISANCES ENUMERATED:
Subd. 1. Public Nuisances Affecting Health, Safety, Comfort Or Repose 2: The following are hereby declared to be
public nuisances affecting health, safety, comfort or repose:
a. All ponds or pools of stagnant water.
b. All decayed or unwholesome food offered for sale to the public.
c. Carcasses of animals not buried or destroyed within twenty four (24) hours after death, excluding game animals.
d. Accumulations of manure or rubbish.
2 See also Section 607.07 of this Chapter for noise control regulations.
607.03 607.03 (Rev. 4/97)
e. Privy vaults, garbage cans and garbage receptacles which are not fly-tight.
f. The effluence from any cesspool, septic tank, drain field or sewage disposal system discharging upon the surface
of the ground.
g. All noxious weeds, "tall grasses" defined as anything over eight inches (8") in height, and other rank growths 3,
except as exempted in Section 606.02 of this Code. (Ord. 594, 4-14-97)
h. Any accumulation of cans, bottles or trash or debris of any nature or description, and the throwing, dumping or
depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish,
cans, glass, food containers or other material of any kind on private property.
i. Trades and businesses, as defined by statute or ordinance, not licensed as provided by law4.
j. The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or
other substances.
k. Dense smoke, noxious fumes, gas and soot, or cinders in quantities as to render the occupancy of property
uncomfortable to a person.
l. The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person
by someone properly licensed.
m. The keeping, maintaining or harboring of live wild animals, whether native to Minnesota or not, which in their
wild state pose a threat to humans or domestic animals.
n. The keeping, maintaining or harboring of any combination of animals and/or fowl kept in such numbers or under
such conditions that unreasonably annoy, injure or endanger the health, safety, comfort, repose or welfare of the
public.
o. The failure to maintain basic repairs and upkeep on a vacant residence or building, including, but not limited to,
snow removal, lawn maintenance and exterior maintenance.
p. All other acts, omissions of acts, occupations and uses of property which are deemed by the Minnesota State
Board of Health to be a menace to the health of the inhabitants of the Municipality or a considerable number
thereof.
3 See also subdivision 1005.05.03 of this Code.
4 M.S.A. §145A.01 et seq.; see Title 500 of this Code for business and license regulations.
607.03 607.03
Subd. 2. Public Nuisances Affecting Morals And Decency: The following are hereby declared to be public nuisances
affecting public morals and decency:
a. All gambling devices, slot machines, and punch boards, not lawfully allowed by Minnesota State Statutes.
b. Betting, bookmaking and all apparatus used in such operations.
c. All places where intoxicating liquors are manufactured, sold, bartered or given away in violation of the law or
where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage contrary to law
or where intoxicating liquors are kept for sale, barter or distribution in violations of the law and all liquors, bottles,
kegs, pumps, bars, and other property kept at and used for maintaining such a place5.
d. Any vehicle used for the illegal transportation of intoxicating liquor.
e. The looking into or peeping through doors, windows, or openings of private homes by methods of stealth and
without proper authority and by surreptitious methods or what is commonly known as "window peeping".
Subd. 3. Public Nuisances Affecting Peace And Safety: The following are declared to be nuisances affecting public
peace and safety:
a. All trees and hedges, billboards or other obstructions6 which prevent persons from having a clear view of street
signs and/or a clear view of all traffic approaching an intersection.
b. All limbs of trees which are less than eight feet (8') above the surface of any public street or alley.
c. The outside piling, storing or keeping of old machinery, junk, furniture, household furnishings or appliances or
component parts thereof, rusting metal inoperable/unusable equipment, or other debris visible on private or public
property.
d. The placing or throwing on any street, alley, road, highway, sidewalk, or other public property of any glass,
tacks, nails, bottles, or other substances which may injure any person or animal or damage any pneumatic tire when
passing over the same.
5 M.S.A. §340A.101 et seq.; see Chapters 501, 502 and 503 of this Code for liquor regulations.
6 See Chapter 1008 of this Code for signs and billboards; see also subdivision 607.03.3s of this Chapter and subdivision
1103.08.2 of this Code.
607.03 607.03
e. The depositing of, maintaining, permitting or failing to remove, garbage, trash, rubbish, bottles, cans and other
refuse on any property within the City, including large quantities of organic debris and materials, which
accumulated by other than natural means, except properly maintained compost piles.
f. Property in a residential district not seeded, sodded or otherwise planted with a ground cover more than two
hundred forty (240) days after any disturbance to the property caused by construction, grading, or other activity; or
any time prior to the two hundred forty (240) days if the property is causing erosion or drainage problems on the
same or nearby properties, including the public streets.
g. The accumulation of any piles of wood which are not stacked or secured in a stable manner so as to avoid
collapse.
h. All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent
exceeding one-half (1/2) of their fair market value or which are so situated as to endanger the safety of the public.
i. Any structure, or portion thereof, in a residential district whose exterior is not completed in accordance with
City-approved construction plans within one hundred eighty (180) days after the date the City building permit was
issued, whichever occurred first.
j. Any construction materials, including piles of dirt, sand, and sod, left on the property more than sixty (60) days
after construction has been completed or a certificate of occupancy has been issued, whichever occurred first.
k. All buildings and all alterations to buildings made or erected in violation of fire codes concerning manner,
materials or construction.
l. Any vehicle that deposits mud, dirt, sticky substances, litter or other material on any street or highway.
m. Any discarded construction material or other litter at a construction site which is not placed in an adequate
waste container or which is allowed to blow around or off the site.
n. All explosives, inflammable liquids and other dangerous substances or materials stored or accumulated in any
manner or in any amount other than provided by law or ordinance 7.
7 See Chapter 1002 of this Code for Fire Code.
607.03 607.03
o. Obstructions and excavations affecting the ordinary use of the public streets, alleys, sidewalks or public grounds,
except under such conditions as are provided by ordinance and any other excavation left unprotected or uncovered
indefinitely or allowed to exist in such a manner as to attract people 8.
p. All use or display of fireworks, except as provided by law or ordinance.
q. Radio aerials strung or erected in any manner except that provided by law or ordinance 9.
r. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes
large crowds or people to gather, obstructing traffic and the free use of public streets or sidewalks.
s. All hanging signs, awnings, and other similar structures over public streets or sidewalks or so situated as to
endanger public safety, not constructed and maintained as provided by law or ordinance or without proper
permit 10.
t. The allowing of rain, water, ice or snow to fall from any building on any public street or sidewalk or to flow
across any public sidewalk.
u. All dangerous, unguarded machinery, equipment or other property in any public place or so situated or operated
on private property as to attract the public.
v. The distribution of handbills, except as provided by law or ordinance 11.
w. Throwing, dropping or releasing printed matter, paper or any other material or objects over the City from an
airplane, balloon or other aircraft or in such manner as to cause such material to fall or land in the City.
x. Placing entrance culverts or doing any act which may alter or affect the drainage of public streets or alleys or the
surface or grade of public streets, alleys or sidewalks, without proper permit 12.
8 See Chapter 902 of this Code.
9 See Title 1100 of this Code for zoning regulations.
10 See Chapter 1008 of this Code for sign regulations.
11 See subdivision 909.07.16a of this Code.
12 See Chapter 907 of this Code for sewer use and service and Chapter 1302 of this Code for storm water drainage
management regulations.
607.03 607.04
y. Making repairs to motor vehicles or tires in public streets or alleys, except for emergency repairs when it will not
unduly impede or interfere with traffic.
z. The placement of mailboxes and other delivery receptacles on public rights of way except those which are in
compliance with United States Postal Service requirements for location and type.
(1) The post shall be installed as far back from the street pavement as reasonably practical to avoid snow
plowing damage.
aa. The placement, erecting or painting of unauthorized traffic signs or advertising signs in streets or alleys or on
sidewalks. (Ord. 556, 3-20-95)
607.04: SPECIAL PROVISIONS; BUILDING MAINTENANCE AND APPEARANCE:
Subd. 1. Declaration Of Nuisance: Buildings, fences, and other structures which have been so poorly maintained that
their physical condition and appearance detract from the surrounding neighborhood are declared to be public
nuisances because they: a) are unsightly, b) decrease adjoining landowners' and occupants' enjoyment of their
property and neighborhood, and c) adversely affect property values and neighborhood pattern.
Subd. 2. Standards: Any building, fence, or other structure is a public nuisance if it does not comply with the following
requirements:
a. No part of any exterior surface shall have deterioration, holes, breaks, gaps, loose or rotting boards or timbers.
b. Every exterior surface which has had a surface finish such as paint applied shall be maintained to avoid
noticeable deterioration of the finish. No wall or other exterior surface shall have peeling, cracked, chipped or
otherwise deteriorated surface finish on more than twenty percent (20%) of:
(1) Any one (1) wall or other flat surface, or
(2) All door and window moldings, eaves, gutters,and similar projections on any one side or surface.
c. All wires which are strung less than fifteen feet (15') above the surface of any public street or alley.
d. All exterior doors and shutters shall be hung properly and have an operable mechanism to keep them securely
shut or in place.
607.04 607.06 (Rev. 7/98)
e. All cornices, moldings, lintels, bay or dormer windows, and similar projections shall be kept in good repair and
free from cracks and defects which make them hazardous or unsightly.
f. Roof surfaces shall be tight and have no defects which admit water. All roof drainage systems shall be secured
and hung properly.
g. Chimneys, antennas, air vents, and other similar projections shall be structurally sound and in good repair. Such
projections shall be secured properly, where applicable, to an exterior wall or exterior roof.
h. All foundations shall be structurally sound and in good repair. (Ord. 556, 3-20-95)
607.05: CESSPOOLS OR SEPTIC TANKS: It shall be unlawful for any person to allow the contents of any
septic tank or cesspool to be pumped or to overflow onto the ground. (Ord. 556, 3-3-20-95)
607.06: OUTSIDE PARKING AND STORAGE:
Subd. 1. Definitions: When used in this Section, the following words and phrases shall have the meanings ascribed to
them in this subdivision:
a. FRONT YARD AREA: All that area between the front property line and a line drawn along the front face or
faces of the principle structure on the property extended to the side property lines. The front side of the property
shall be determined as specified in Title 1100 of this Code.
b. OCCUPANT: Any person living in or in control of any dwelling unit upon property wherein a motor vehicle is
parked.
c. IMPROVED SURFACE: An improved surface shall mean a driveway or parking area constructed of asphalt,
concrete, brick or a parking area of gravel construction (according to Section 1121.09, subdivision 7 of this Code).
(Ord. 620, 7-27-98)
d. IMPROVED SURFACE, PERMANENT: Permanent improved surfaces are those constructed of asphalt,
concrete or brick. (Ord. 620, 7-27-98)
e. VEHICLE OR VEHICLES: Any vehicle as defined in Minnesota Statutes as “… every device in, upon, or by
which any person or property is or may be transported or drawn upon a highway …” but excluding the following:
(Ord. 620, 7-27-98)
607.06 607.06 (Rev. 7/98)
(1) Trailers with weight classifications of A and B (0 – 1,500 lbs. and 1,501 – 3,000 lbs., respectively) as
provided in Minnesota Statutes. (Ord. 620, 7-27-98)
(2) Snowmobiles, and
(3) All-terrain vehicles as defined in Minnesota Statutes.
f. VITAL COMPONENT PARTS: Those parts of the motor vehicle that are essential to the mechanical
functioning of the vehicle, including but not limited to the motor, drive train, and wheels. (Ord. 620, 7-27-98)
Subd. 2. Declaration Of Nuisance: The outside parking and storage on residentially-zoned property of vehicles,
materials, supplies or equipment not customarily used for residential purposes in violation of the requirements set
forth below is declared to be a public nuisance because it: a) obstructs views on streets and private property, b)
creates cluttered and otherwise unsightly areas, c) introduces commercial advertising signs into areas where
commercial advertising signs are otherwise prohibited, d) decreases adjoining landowners and occupants'
enjoyment of their property and neighborhood, and e) otherwise adversely affects property values and
neighborhood patterns.
Subd. 3. Unlawful Parking And Storage:
a. No person may place, store, or allow the placement or storage of ice fish houses, skateboard ramps, play houses,
or other similar nonpermanent structures outside continuously for longer than twenty four (24) hours in the
front-yard area of residentially-zoned property.
b. No person may place, store or allow the placement or storage of pipe, lumber, steel, machinery, or similar
materials, including all materials used in connection with a business, outside on residentially-zoned property.
c. No person shall cause, undertake, permit or allow the outside parking and storage of vehicles on any property
within the City in residentially-zoned property unless it complies with the following requirements:
(1) Vehicles which are parked or stored outside shall be parked upon an “improved surface" as defined in
this Code. (Ord. 620, 7-27-98)
(2) All vehicles, watercraft and other articles stored outside on residential property must be owned by a
person who is a legal resident of that property.
d. No person owning, driving or in charge of any vehicle with a weight classification, as specified in Minnesota
Statutes, may cause or permit that vehicle to be parked outside or stand continuously for more than two (2) hours on
property or public street within a residential zone in the City.
607.06 607.06 (Rev. 7/98)
Subd. 4. Exceptions: The prohibitions of this Section shall not apply to the following:
a. Any motor truck, pickup truck, or similar vehicle being used by a public utility, moving company, or similar
company, which is actually being used to service a residence not belonging to or occupied by the operator of the
vehicle.
b. Any vehicle which is actually making a pickup or delivery at the location where it is parked. Parking for any
period of time beyond the period of time reasonably necessary to make such a pickup or delivery and in excess of
the two (2) hour limit shall be unlawful.
Subd. 5. Special Provisions – Abandoned, Or Inoperable Junk, and Unsafe Vehicles:
a. Findings and Purpose: Abandoned, Junk, and Unsafe vehicles constitute a hazard to the health and welfare of the
citizens of the City of Mounds View in that such vehicles can harbor noxious diseases, furnish shelter and breeding
places for vermin, present physical dangers to the safety and well-being of children and other citizens, invite
plundering, and create fire hazards. Motor vehicles contain fluids that if released into the environment can and do
cause significant health risks to the citizens of Mounds View. The condition of vehicles that are abandoned, junk, or
unsafe significantly increase the likelihood that these dangerous fluids might be so released. Abandoned, junk, or
unsafe vehicles and other scrap metals also constitute a blight on the landscape of the City and therefore a detriment
to the environment. The abandonment and retirement of vehicles and other scrap metals constitutes a waste of a
valuable source of useful metal. It is therefore in the public interest that the present accumulation of abandoned and
junk vehicles and other scrap metals be eliminated, that future abandonment of vehicles and other scrap metals be
prevented, that the expansion of existing scrap recycling facilities be developed and that other acceptable and
economically useful methods for the disposal of abandoned and junk vehicles and other forms of scrap metal be
developed.
a.b. Definitions: For purposes of this Section the following words shall have the meanings specified below:
(1) ABANDONED VEHICLE: A motor vehicle that has remained for a period of more than forty eight
(48) hours on public property illegally or lacking vital component parts, or that has remained for a period of more
than forty eight (48) hours on private property with or without consent of the person in control of such property,
unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily
surrendered by its owner to the City or to a moving contractor hired by the City for its removal.
(1) ABANDONED VEHICLE: A motor vehicle, as defined in Minn. Stat. § 169.01 as it may be
amended from time to time, that has remained outdoors on property within the City for a period of more than 48
hours on public property or has remained for a period of more than 48 hours on private property without consent of
the person in control of such property or in an inoperable condition, unless it is kept in an enclosed garage or
storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to the City or to a moving
contractor hired by the City for its removal. A classic car or pioneer car, as defined in Minn. Stat. § 168.10 as it
may be amended from time to time, shall not be considered an abandoned motor vehicle within the meaning of this
Section. Vehicles held under police authority or pursuant to a writ or court order are not abandoned vehicles.
Vehicles on the premises of junk yards and automobile graveyards that are defined, maintained, and licensed in
accordance with Minn. Stat. § 161.242 as it may be amended from time to time, are not considered abandoned
vehicles.
(2) INOPERABLE CONDITION: The vehicle has no substantial potential use consistent
with its usual function, and shall include a vehicle that: a) has a missing or defective part that is necessary for
the normal operation of the vehicle, or b) is stored on blocks or jacks or other supports.
(3) JUNK VEHICLE: An inoperable motor vehicle which is partially dismantled, which is used for sale
of parts or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling
or salvage of any kind, unless such vehicle is kept in an enclosed garage. A junk vehicle shall also be considered an
abandoned vehicle for the purpose of this Chapter.
(3) JUNK VEHICLE: A motor vehicle that is located outdoors on property in the city that meets any of
the following:
(a) Any motor vehicle that is in inoperable condition.
(b) Any motor vehicle that is partially dismanteled.
(c) Any motor vehicle that lacks vital component parts.
(d) Any motor vehicle that is not currently registered and properly licensed for operation with
and by the State of Minnesota.
(4) MOTOR VEHICLE OR VEHICLE: Shall have the meaning contained in Minnesota Statutes.
(4) MOTOR VEHICLE OR VEHICLE: Has the meaning given “motor vehicle” in Minn. Stat. § 169.01
as amended from time to time.
(5) VITAL COMPONENT PARTS: Those parts of the motor vehicle that are essential
to the mechanical functioning of the vehicle, including but not limited to the motor, drive train,
and wheels.
(6) UNSAFE MOTOR VEHICLE: Any vehicle located outdoors on property within
the city in which any systems including braking, steering, suspension, electrical, lighting,
motor, and drivetrain are not functioning or a vehicle that cannot legally be driven or is in
violation of any state, federal or local vehicle equipment or safety regulation including, but not
limited to Minn.Statutes. § 169.468 to 169.75 as amended from time to time.
(7) MPCA or AGENCY: The Minnesota Pollution Control Agency.
(8) DEPARTMENT: The Minnesota Department of Public Safety.
Subd. 6. Vehicles Constituting A Public Nuisance:
607.06 607.07 (Rev. 7/98)
a. Abandoned, And Junk, and Unsafe Vehicles: Abandoned, and junk, and unsafe vehicles are declared to be a
public nuisance creating a hazard to the health and safety of the public because they invite plundering, create fire
hazards, attract vermin, and present physical dangers to the safety and well-being of children and other citizens.
The accumulation and outside storage of such vehicles is in the nature of rubbish, litter, and unsightly debris and is
a blight on the landscape and a detriment to the environment. No person in charge or control of any property within
the City, whether as owner, tenant, occupant, lessee, or otherwise shall It shall be unlawful for a person to pile, store
or keep wrecked, junked or abandoned, junk, and unsafe motor vehicles on private or public property.
b. Vehicles Stopped Or Standing: Any vehicle, whether occupied or not, that is found stopped,
standing or parked in violation of any ordinance or State statute; or that is reported stolen; or
that is found impeding firefighting, snow removal or plowing or the orderly flow of traffic, is
declared to be a public nuisance.
c. Vehicles Blocking Access: Any vehicle which is impeding public road or utility repair, construction or
maintenance activities after reasonable notice of the improper activities has been given to the vehicle owner or user
at least twelve (12) hours in advance, is declared to be a public nuisance.
d. Vehicles Without License Plates: Any vehicle shall be deemed to be a junked or abandoned
vehicle if said vehicle does not have attached thereto a valid and current license plate issued by
the proper State agency.
Subd. 7. Abatement Of Vehicles: Authority to Impound Vehicles:
a. Vehicles Constituting A Public Nuisance: The Clerk-Administrator, or his or her designee or any peace
officer employed or whose services are contracted for by the City may take into custody and impound any vehicle
constituting a public nuisance under Section 607.06 Subd. 6 of the City Municipal Code.
b. Unauthorized vehicles: The Clerk-Administrator, or his or her designee or any
peace officer employed or whose services are contracted for by the City may take
into custody and impound any unauthorized vehicle under Minn. Stat. § 169.041 as
it may be amended from time to time.
Subd 8. When a vehicle may be impounded without prior notice:
a. A motor vehicle may be impounded with or without citation without giving notice to its owner only under the
following circumstances:
(1) In a public location not governed by Minn. Stat. § 169.041 as it may be amended from time to
time:
(a) When the vehicle is impending or is likely to impede the normal flow of vehicular or
pedestrian traffic; or
(b) When the vehicle poses an immediate danger to the public safety; or
(c) When the vehicle is parked in violation of snow emergency removal routes; or
(d) When a peace officer or other agent authorized by the City of Mounds View has probable
cause to believe that the vehicle constitutes evidence of a crime, or contains evidence of a crime, if
impoundment is reasonably necessary in such instance to obtain or preserve evidence; or
(e) When the person driving, operating or in physical control of the vehicle is taken into custody
and the vehicle is impounded for safe keeping; or
(f) When the vehicle is parked in a handicap transfer zone when said vehicle does not properly
display a handicapped parking permit.
(g) When the vehicle is obstructing firefighting, or firefighting equipment.
(h) Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant
where a warrant would otherwise be required.
Subd. 9 When a vehicle may be impounded after notice:
a. A vehicle not impounded under section 607.06 Subd. 8. may be impounded after a notice of violation described
in section 607.08 Subd 3 has been served upon the owner of the property where the vehicle is located and an
additional notice similar to that in section 607.08 Subd. 4(b) is securely posted on the vehicle. Said vehicle shall not
be impounded until a period of seventy two (72) hours has elapsed after the initial posting of the notice on the
vehicle, excluding Saturdays, Sundays, and legal holidays for the following reasons:
(1.) When such vehicle, whether occupied or not, is found stopped, standing or parked in violation of any
City ordinance.
(2.) When such vehicle is determined to constitute a public nuisance, as defined in section 607.06 Subd. 6.
a.
Subd. 10 Sale; waiting periods:
a. Sale after 15 days: An impounded vehicle is eligible for disposal or sale under
607.06 Subd. 14, 15 days after notice to the owner, it the vehicle is deemed to be:
(1) A junk vehicle, except that it may have a valid current registration plate
and still be eligible for disposal or sale under this subdivision; or
(2) An abandoned or unsafe vehicle.
b. Sale after 45 Days: An impounded vehicle is eligible for disposal or sale under
607.06 Subd. 14, 45 days after notice to the owner, if the vehicle is determined to
be an unauthorized vehicle.
Subd. 11 Notice of Taking and Sale:
a. Contents; notice given within five days: When an impounded vehicle is taken into
custody, the City or impound lot operator taking it into custody shall give notice of
the taking within five days. The notice shall:
(1) Set fourth the date and place of the taking; the year, make, model and serial number of the impounded
motor vehicle if the information can be reasonably obtained; and the place where the vehicle is being held;
(2) Inform the owner and any lienholders of their right to reclaim the vehicle under 607.06 Subd. 12; and
(3) State that failure of the owner or leinholders to exercise their right to reclaim the vehicle and contents
within the appropriate time allowed under 607.06 Subd. 10 shall be deemed a waiver by them of all right,
title and interest in the vehicle and contents and a consent to the transfer of title to and disposal or sale of
the vehicle and contents pursuant to 607.06 Subd. 14.
b. Notice by mail or publication: The notice shall be sent by mail to the registered
owner, if any, of an impounded vehicle and to all readily identifiable lienholders of
record. The Department makes this information available to impound lot operators
for notification purposes. If it is impossible to determine with reasonable certainty
the identity and address of the registered owner and all lienholders, the notice shall
be published once in a newspaper of general circulation in the area where the motor
vehicle was towed from or abandoned. Published notices may be grouped together
for convenience and economy.
c. Unauthorized vehicles; notice: If an unauthorized vehicle remains unclaimed 30 days from the date the notice was
sent under division (B) of this section, a second notice shall be sent by certified mail, return receipt requested, to the
registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record.
Subd. 12 Right to Reclaim:
a. Payment of charges: The owner or any lienholder of an impounded vehicle shall have a right to reclaim the
vehicle from the City or impound lot operator taking it into custody upon payment of all towing and storage charges
resulting from taking the vehicle into custody within 15 or 45 days as applicable under section 607.06 Subd. 10, after
the date of the notice required by section 607.06 Subd 11. To reclaim a motor vehicle impounded pursuant to this
ordinance, the owner or leinholder must pay any costs and administrative fees incurred by the City and must agree to
relocate the vehicle in accordance with local, state, and federal regulations. The owner or leinholder reclaiming such
vehicle shall sign a “Release of Property” and shall agree to immediate impoundment without notice if such vehicle
again violates this section. In addition, the City may require a bond to be posted if said vehicle has been subject to a
prior impoundment.
b. Lienholders: Nothing in this chapter shall be construed to impair any lien of a garagekeeper under the laws of
this state, or the right of a lienholder to foreclose. For the purposes of this section GARAGEKEEPER is an operator
of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an
establishment for the servicing, repair or maintenance or motor vehicles.
Subd. 13 Operators deficiency claim; consent to sale:
a. Deficiency claim: The nonpublic impound lot operator has a deficiency claim against the registered owner of the
vehicle for the reasonable costs of services provided the towing, storage and inspection of the vehicle minus the
proceeds of the sale or auction. The claim for storage costs may not exceed the costs of:
(1) 25 days storage for a vehicle described in section 607.06 Subd. 10 (a); and
(2) 55 days storage for a vehicle described in section 607.06 Subd. 10 (b).
b. Implied consent to sale: A registered owner who fails to claim the impounded vehicle within the applicable
period allowed under section 607.06 Subd. 10 is deemed to waive any right to reclaim the vehicle and contents to the
disposal or sale of the vehicle and its contents and transfer of title.
Subd. 14 Disposition by impound lot.:
a. Auction or sale:
(1) If a vehicle and contents taken into custody by the City or any impound lot is not reclaimed under
section 607.06 Subd. 12, it may be disposed of or sold at auction or sale when eligible pursuant to section 607.06
Subd. 11 and 607.06 Subd. 12.
(2) The purchaser shall be given a receipt in a form prescribed by the Registrar of Motor Vehicles which
shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle
and receive a certificate of title, free and clear of all liens and claims of ownership. Before a vehicle is issued a new
certificate of title, it must receive a motor vehicle safety check.
b. Unsold vehicles: Vehicles not sold by the City or impound lot pursuant to
subdivision (a) of this section shall be disposed of in accordance with section 607.06
Subd. 15.
c. Sale Proceeds, public entities: From the proceeds of the sale under this section of vehicles constituting a public
nuisance, the City shall reimburse itself for the cost of towing, preserving and storing the vehicle and all
administrative, notice and publication costs incurred in handling the vehicle pursuant to this chapter. Any remainder
from the proceeds of a sale shall be held for the owner of the vehicle or entitled leinholder for 90 days and then shall
be deposited in the treasury of the City.
d. Sale proceeds, nonpublic impound lots: The operator of a nonpublic impound lot may retain any proceeds
derived from a sale conducted under authority of subdivision (a) of this section. The operator may retain all proceeds
from sale of personal belongings and contents in the vehicle that were not claimed by the owner or the owner’s agent
before the sale, except that any suspected contraband or other items that likely would be subject to forfeiture in a
criminal trial must be turned over to the appropriate law enforcement agency.
Subd. 15 Disposal Authority.
a. The City may contract with others or may utilize its own equipment and personnel for the inventory of impounded
motor vehicles and scrap metal and may utilize its own equipment and personnel for the collection, storage and
transportation of these vehicles and scrap metal. The City may utilize its own equipment and personnel only for the
collection and storage of not more than five abandoned, junk, unsafe or unauthorized vehicles without advertising or
receiving bids in any 120-day period.
Subd. 16 Contracts; Reimbursement by MPCA.
a. MPCA review and approval: If the City proposes to enter into a contract with a person licensed by the MPCA
pursuant to this section or a contract pursuant to section 607.06 Subd. 15., the MPCA may review the proposed
contract before it is entered into by the City, to determine whether it conforms to the MPCA’s plan for solid waste
management and is in compliance with MPCA rules. A contract that does so conform may be approved by the
MPCA and entered into by the City. Where a contract has been approved, the MPCA may reimburse the City for
costs incurred under the contract that have not been reimbursed under section 607.06 Subd. 14. Except as otherwise
provided in section 607.06 Subd. 15, the MPCA shall not approve any contract that has been entered into without
prior notice to and request for bids from all persons duly licensed by the MPCA to be a party to a disposal contract
pursuant to Minn. Stat. § 116.07, as it may be amended from time to time; does not provide for a full performance
bond; or does not provide for total collection or transportation of abandoned, junk, and unsafe motor vehicles, except
that the MPCA may approve a contract covering soley collection or transportation of abandoned , junk, and unsafe
motor vehicles where the MPCA determines total collection and transportation to be impractical and where all other
requirements herein have been met and the unit of government, after proper notice and request for bids, has not
received any bid for total collection and transportation of abandoned, junk, and unsafe motor vehicles.
b. If the City utilizes its own equipment and personnel pursuant to its authority under section 607.06 Subd. 15, and
the use of the equipment and personnel conforms to the MPCA’s plan for solid waste management and is in
compliance with MPCA rules, the City may be reimbursed by the MPCA for reasonable costs incurred which are not
reimbursed under section 607.06 Subd. 14.
c. The MPCA may demand that the City contract for the disposal of impounded vehicles and other scrap metal
pursuant to the MPCA’s plan for solid waste disposal. If the City fails to contract within 180 days of the demand, the
MPCA, through the Department of Administration and on behalf of the City, may contract with any person duly
licensed by the MPCA for the disposal.
a. Impounding: Any police officer or other duly authorized person may order any vehicle constituting a public
nuisance to be immediately removed and/or impounded. The impounded vehicle shall be surrendered to the duly
identified owner by the towing contractor only upon payment of the required impound, towing and storage fees.
b. Sale: Notice and sale of any vehicle impounded under this Chapter shall be conducted in accordance with
Minnesota Statutes, chapter 168B, governing the sale of abandoned motor vehicles. (Ord. 556, 3-20-95)
607.07: NOISE CONTROL REGULATIONS:
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:
607.07 607.08 (Rev. 4/98)
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 six o'clock (6:00) A.M. on weekdays and all day
Sunday, except where single individuals or families work on single-family residences for their own occupancy
owned by them; except, that the Clerk-Administrator may, or a designee, in case of emergency, grant permission to
repair at any time when the Clerk-Administrator finds such repair work will not affect the health and safety of
persons in the vicinity.
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 available 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)
607.08: ENFORCEMENT:
Subd. 1. It shall be the duty of the City Council to enforce the provisions of this Chapter and the City Council may, by
resolution, delegate to other officers or agencies power to enforce particular provisions of this Section, including the power to
inspect private premises, and the officers charged with the enforcement of this Chapter shall take all reasonable precautions
to prevent the commission and maintenance of public nuisances.
a. The Clerk-Administrator or designee is authorized to enter upon any property if necessary to determine whether the
provisions of this Code or any applicable State statute has been violated, to make any examinations or surveys, or to conduct
any tests as may be reasonably necessary in the performance of their duties. All inspection and testing must be done in a
reasonable manner.
Subd. 1. 2. Abatement: Notice to owner or to person or persons responsible: Whenever, in the judgement of the officer
charged with enforcement, it is determined upon investigation by the officer charged with enforcement that a public
nuisance is being maintained or exists within the City, said officer a notice of violation shall be served upon the
owner or the person or persons responsible therefore in the manner prescribed in section 607.08 Subd. 3 and Subd.
4.such officer shall call or notify in writing the person committing and maintaining such a public nuisance and
require him to terminate and abate said nuisance and remove such conditions or remedy such defects. Notice to the
owner shall be satisfied by notice to the person listed as the taxpayer on the County's tax records. If the premises
are not occupied, the address of the owner is unknown and no other responsible party can be reasonably identified,
notice may be served on the property by posting a copy of the notice on the premises. Said notice shall require the
owner or occupant of such premises, or both, to take reasonable steps within a reasonable amount of time to be
designated in said notice, but the maximum time of the removal of said notice after service of said notice shall not
in any event exceed thirty (30) days. If the owner, occupant or other responsible party does not comply with the
notice within the time specified, the City Council may, after notice to the owner and occupant or other responsible
party and an opportunity to be heard, provide for abating the nuisance by the City. The notice shall be served in the
same manner as notice by the enforcing officer and shall be given at least ten (10) days before the date stated in the
notice when the Council will consider the matter. If notice is given by posting, at least thirty (30) days shall elapse
between the day of posting and the hearing.
Subd. 3. Form: The notice of violation described in section 607.08 Subd. 2. shall be in accordance with all of the following:
a. Be in writing.
b. Include a description of the real estate sufficient for identification.
c. Include a statement of the violation or violations, and why the notice is being issued.
d. Include a corrective order allowing a reasonable time to make the corrections and improvements required to
bring the property or structure into compliance with the provisions of this Code.
Subd. 4. Method of Service: Such notice of violation shall be properly served.
(a) Said notice of violation shall be deemed to be properly served if a copy thereof is:
(1) Delevered personally, or;
(2) Sent by first-class U.S mail addressed to the person listed as the taxpayer on the County's tax records,
or;
c.(3) Posted on the premises if the premises are not occupied, or the address of the owner is unknown
and no other responsible party can be reasonably identified.
(b.) When an enforcement officer shall find a vehicle parked in violation of section 607.06 said officer
shall cause additional notice to be placed upon such vehicle in substantially the following form:
(1) “NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
ATTACHED PROPERTY: This property, (setting fourth brief description) is
unlawfully upon property know as (setting fourth brief description of location)
and in violation of section 607.06 of the Mounds View Code Municipal Code, and
therefore is declared to constitute a public nuisance and must be removed within
seventy-two hours (72) from the date of this notice. If this vehicle is not removed
from the premises or placed in a lawful garage or storage building on or before
(setting forth date and time) it shall be removed by order of the City of Mounds
View. Dated this: (setting fourth date of posting of notice). Signed: (setting fourth
name, title, address and telephone number of enforcement officer).”
(2) Such notice shall be not less than eight (8) inches by ten (10) inches and shall be sufficiently
weather proof to withstand exposure to the elements
Subd. 5. Abatement: Except for vehicles constituting a public nuisance, which shall follow the procedures set fourth in
section 607.06, all violations of this chapter may be corrected by abatement by the City at the expense of the
property owner, occupant, or other responsible party following the procedures listed herein.
a. If the owner, occupant or other responsible party does not comply with the notice of violation within the time
specified therein, the City Council may, after notice to the owner and occupant or other responsible party and an
opportunity to be heard, provide for abating the nuisance by the City.
b. The notice shall be served in the same manner as prescribed in section 607.08 Subd. 4 and shall be given at least
ten (10) days before the date stated in the notice when the Council will consider the matter.
c. If the notice of violation was served by posting, at least thirty (30) days shall elapse between the day of posting
and the hearing.
Subd. 2. 6. Summary Abatement: The enforcing officer may provide for abating a public nuisance without following the
procedure required in subdivision 1 5 above when:
a. There is an immediate threat to the public health or safety.
b. There is an immediate threat of serious property damage.
c. A public nuisance has been caused by private parties on public property., or
If the enforcing officer abates the nuisance pursuant to this Section, the officer must reasonably attempt to notify the
owner, occupant, or other responsible party of the intended action and the attempt to notify the owner, occupant, or
other responsible party of the intended action and the right to appeal the summary abatement and any cost at the
next regularly scheduled City Council meeting.
Subd. 3.7. Cost Recovery: The owner of property on which a nuisance has been abated by the City, or a person who has
caused a public nuisance on property not owned by that person, shall be personally liable to the City for the cost of
abatement, including administrative costs. As soon as the work has been completed and the cost determined, the
ClerkAdministrator or their designee shall prepare a bill for the cost and mail it to the owner or other responsible
party. Thereupon, the amount shall be immediately due and payable at the office of the Clerk-Administrator.
Subd. 4. 8. Assessment: If the cost, or any portion of it, has not been paid under Subdivision 7 3, within thirty (30) days
after the date of the bill, the unpaid cost may be certified against the property to which the cost is attributable.
Before certification against the property, reasonable notice of the impending certification and an opportunity to be
heard by the City Council must be given to the taxpayer of record. Failure of the taxpayer to receive the notice
shall not invalidate the certification, however. Thereafter, the unpaid cost may be
607.08 607.08
certified to the County Auditor for collection along with current taxes in the following year or in such annual
installments, not exceeding ten (10), as the City Council may determine in each case.
Subd. 5.9. Landlord's Liability:
a. For the purpose of this subdivision, "owner" is defined to include corporations and
partnerships as well as individual owners.
b. Violation of the noise control regulations shall be the act of the owner of the residential dwelling unit as well as
the persons on the premises who violate said regulations; except, that the owner shall be liable only for those
violations occurring after receipt of written notice from the City of violation of the noise control regulations having
occurred at the residential dwelling unit.
Subd. 6.10. Penalty: Any person in violation of any of the provisions in this Chapter shall be guilty of a misdemeanor.
Each day on which such violation continues shall constitute a separate offense. (Ord. 556, 3-20-95)
City Nuisance Code Junk and garbage
Abatement
Vehicle
Abatement
Blaine Yes No No
Spring Lake Park Yes Yes Yes**
Columbia Heights Yes
Arden Hills Yes Yes Yes**
New Brighton Yes Yes Yes**
Fridley Yes Yes Yes***
Mounds View Yes Yes Yes*
* The Mounds View Nuisance Code does authorize the abatement of public
nuisances, which includes vehicles constituting a public nuisance. The current
provisions in the code require the City to pay for the initial abatement cost and then
certify this cost to the property owners taxes as a special assessment.
** City Code does authorize the abatement of nuisances. The current provisions in
the code require the City to pay for the initial abatement cost and then certify this
cost to the property owners taxes as a special assessment.
*** City Code does authorize the abatement of nuisances. The current provisions
in the code require the City to pay for the initial abatement cost and then certify this
cost to the property owners taxes as a special. Additionally the City has a separate
junk/abandoned vehicle ordinance and the City will tow a vehicle in violation of the
ordinance off private property in five days if the vehicle is not in compliance. The
owner of the vehicle is responsible for towing costs and all other administrative
costs incurred.
Item No: 4
Meeting Date: May 7, 2001
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: James Ericson, Community Development Director
Item Title/Subject: Discussion Regarding Proposed Changes to Municipal
Code Chapter 1002, Fire Code.
Date of Report: May 2, 2001
Background:
Kathi Osmonson, the City’s building inspector and fire marshal, has brought to our attention that
certain changes need to be made to Chapter 1002 of the City Code (Fire Code).
Discussion:
I am attaching a copy of the proposed changes to the Fire Code and Kathi will be on hand to
address the changes. In summary, Section 1002.02 is changed to eliminate specific local
regulations replacing the language with a reference to the local fire chief establishing “local
regulations” which can be amended from time to time by the fire chief.
The other change of substance involves Section 1002.05 which states that the fire department
board of directors and the fire chief shall act as the local board of appeals.
Recommendation:
Provide any feedback to staff regarding the proposed changes. These changes, unless otherwise
directed, will appear before the Council as Ordinance 681, with first and second reading scheduled
for May 14th and May 28th. (No public hearing is needed.)
_____________________________________
James Ericson
Community Development Director
763-171-4021
Attachments:
1. Ordinance 681
2. Local Fire Regulations
N:\DATA\GROUPS\COMDEV\Special Projects\SP088-01 (Fire Code)\May 8, 2001 - Report.doc
ORDINANCE NO. 681
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1002 OF THE MOUNDS VIEW
MUNICIPAL CODE, OTHERWISE KNOWN AS THE “FIRE CODE.”
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Chapter 1106, Section 1106.03, Subdivision 3 of the Mounds View Zoning Code is hereby
amended with additions underlined and deletions struck out to read as follows:
CHAPTER 1002
FIRE CODE
SECTION:
1002.01: Adoption of State Codes
1002.02: Amendments to Fire Code Local Fire regulations
1002.03: Bureau of Fire Prevention; Enforcement of Provisions
1002.04: Permit Fees
1002.05: New Materials, Processes and Occupancies Appeals
1002.01: ADOPTION OF STATE CODES:
Subd. 1. Fire Code: The Minnesota Uniform Fire Code, including amendments in effect and appendices thereto, are
hereby adopted as the Fire Code of the City1. A copy of said Fire Code is on file in the office of the Clerk--
Administrator.
Subd. 2. Building Code: All building within the Municipality shall be regulated by current State statutes, as amended
from time to time 2. (Ord. 496, 11-12-91; 1993 Code)
1002.02: AMENDMENTS TO FIRE CODE LOCAL FIRE REGULATIONS: The Minnesota Uniform Fire Code is
amended and changed in the following respects:
Article 1 of the Uniform Fire Code provides the local fire chief ability to adopt local fire regulations.
The fire chief may amend these regulations from time to time as needed. Copies of the regulations are
1 M.S.A. § 299F.011.
2 M.S.A. § 16B.59 et seq.
available at City Hall or the Fire Department.
Article 10
Section 10.207(c) is amended to read as follows:
"(c) Width. The unobstructed width of a fire apparatus access road shall be not less than twenty four feet
(24')."
Section 10.306(a) is amended by adding subparagraph:
"(1) All required automatic fire-extinguishing systems shall be water sprinkler systems except:
When large amounts of electrical equipment are involved, an alterative extinguishing system may be
considered if the system is designed to provide equivalent protection as a water system.
In all cases the Fire Department will require a complete review and approval of all fire extinguishing
system."
Article 10 is amended by adding the following Section:
"Notifying Devices
Section 10.314 Non-monitored automatic fire extinguishing systems shall have both internal and external
notifying devices in approved locations."
Article 11
Section 11.101(a) is amended by adding subparagraph:
"(1) Recreation Fires. Recreational fires as those used for preparing food are permitted. The chief may
promulgate such regulations as the chief deems necessary to implement this Section3."
Section 11.101 is amended by adding the following subparagraphs:
"(e) Open Burning Restriction: Open burning is prohibited except as allowed in Section 11.101(a)(1)
and 11.101(f).
(f) Fires for Training Sessions. Nothing in this Section shall prohibit the fire department from conducting
training sessions on actual fires of any type set for that purpose."
Section 11.301 is amended to read as follows:
"(a) For the purpose of this Section, the sounding of any fire alarm system shall constitute a fire 4." (Ord.
496, 11-12-91)
1002.03: BUREAU OF FIRE PREVENTION; ENFORCEMENT OF PROVISIONS:
Subd. 1. Bureau Established; Enforcement of Fire Code: The Minnesota Uniform Fire Code shall be enforced by the
Bureau of Fire Prevention in the Fire Department under contract with Mounds View, which is hereby established
and which shall be operated under the supervision of the Chief of the Fire Department.
Subd. 2. Inspectors: The Chief of the Fire Department may detail such members of the Fire Department as members of
3 See Section 905.16 of this Code, fires in parks and recreation areas.
4 See Chapter 602 and subdivision 702.01(13)g of this Code for false fire alarms.
the Bureau of Fire Prevention and as inspectors as shall, from time to time, be necessary.
Subd. 3. Fire Inspector: Refer to the Fire Inspection Protocol Amendment No. 1 put into effect on June 1, 1987.
Subd. 4. Annual Report: A report of the Bureau of Fire Prevention shall be made annually and transmitted to the
Council. (Ord. 496, 11-12-91)
1002.04: PERMIT FEES: All Fire Department permit fees shall be set in accordance with a fee schedule adopted by
resolution of the City Council. (Ord. 496, 11-12-91)
1002.05: NEW MATERIALS, PROCESSES AND OCCUPANCIES APPEALS BOARD: The Fire Department Board
of Directors and the Fire Chief shall act as the local board of appeals with regard to enforcement of this Chapter and the
Minnesota Uniform Fire Code.
The City Council and the Chief of the Fire Department shall act as a committee to determine and specify, after giving
affected persons an opportunity, any new materials, processes or occupancies which shall require permits, in addition to those
now enumerated in said Code. The Chief of the Fire Department shall post such list in a conspicuous place in the Chief's
office and distribute copies thereof to interested persons. (Ord. 496, 11-12-91)
SECTION 2. This ordinance shall go into effect thirty (30) days after it has been published in the official City
newspaper.
First read by the City Council of the City of Mounds View on this 14th day of May, 2001.
Read and passed by the City Council of the City of Mounds View on this 28th day of May, 2001.
Richard Sonterre, Mayor
ATTEST:
Kathleen Miller, City Clerk / Administrator
(SEAL)
APPROVED AS TO FORM:
_______________________________
Scott Riggs, City Attorney
Adoption
Motion:
Second:
Sonterre
Stigney:
Quick:
Marty:
Thomas:
N:\DATA\GROUPS\COMDEV\Special Projects\SP088-01 (Fire Code)\Ordinance 681.doc
Item No.5 Type of Business:WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council From: Givonna Reed, Assistant to the City Administrator
Item Title/Subject: Interim Compensation Policy for Employees
Date of Report: May 7, 2001
Background
As you know, the Police Department Administrative Assistant retired January 31, 2001. At that
time staff received direction from the HR Committee to refill the Administrative Assistant’s position,
move the Records Technician from ¾-time to full-time, move the Community Service Officer to ¾
time, review time-sharing options with other departments and consider hiring an intern paid for by
an outside source.
Although the Committee was not of the understanding that the Records Technician would take on
more than a few of the Administrative Assistant’s responsibilities, according to the department
director the Records Technician has been performing approximately 80% of the Administrative
Assistant’s duties. Consequently, the Records Technician has filed a grievance requesting
compensation that is commensurate with these increased responsibilities.
The Records Technician is currently at Step 5 ($16.25/hr) of the pay scale for this position. The
Police Chief is recommending that the Records Technician be compensated at either step 3
($16.46/hr) or step 4 ($17.38/hr) of the Administrative Assistant’s pay scale for an interim period
until an Administrative Assistant is hired.
As the HR Committee attempted to address this issue, it was determined that the issue required
additional discussion by the full Council.
Discussion
The City currently has in place a resolution that compensates employees who serve in
management positions on an interim basis at a rate of 115% of their current pay (see attached). In
addition, each union/bargain units provides for compensation for employees who are appointed to
more advanced positions for an interim period. Given recent developments, it may be appropriate
for the Council to consider establishing such a compensation policy for employees who are filling
higher-level vacant positions on an interim basis.
I would encourage the Council to remember that there are often times when employees have to
work up or down the chain in order to make sure the department meets its responsibilities. This
happens on a daily basis in most departments and, therefore, the Council may want to apply the
approved policy on under particular circumstances as determined by the Council.
The following are interim compensation options for the Council to consider:
Option 1
Employees who are “promoted” on an interim basis would receive a percent increase over their
current wage for the interim period (i.e., 105% of current wage equals approximately a one step
increase, 110% of current wage equals approximately a two step increase).
The rationale for this option is that it matches the policy that is currently in place for management
level positions and also, it gives the City a means of compensating an individual who is already at
step 5 of her/his scale.
Option 2
Establish a policy whereby an employee’s skills and experience are rated and the employee is
placed at a step that is commensurate with their skills and experience.
The rationale for this option is that it addresses an employee’s skill level as her/his skills relate to
the interim responsibilities and does not assume that the person filling the position on an interim
basis has the same skill level as the person who vacated the position.
Option 3
Establish an “extra duty pay” policy whereby at the end of the year or at the end of an interim
period, an employee is given extra per hour compensation for the time they spent performing the
duties of a vacant position.
The rationale for this policy is that the City recognizes the extra effort put forth by the employee.
Option 4
Establish a policy whereby the duties left by a vacant position are divided among members of the
department and no additional compensation is received.
The rationale for this policy is that it has been used informally throughout the organization. Further,
exempt and non-exempt employees who are required to work extra hours to complete tasks are
compensated with flex time or overtime/compensatory time .
Additional Considerations
As I’ve mentioned, it is often the case that employees must perform additional duties in order to
complete a project. Consequently, the Council will want to carefully consider the circumstances
under which such a compensation policy would apply. For example, the selected compensation
policy might apply only when an employee is asked to take on at least 75% of the responsibilities
associated with a more advanced position for an interim period. Another option would be for the
Council to apply such a policy when an individual takes on the additional responsibilities of a
vacant position for a minimum time period (i.e., two months, three months, etc.).
Recommendation
Review and discuss the policy options and the specific circumstances under which the policy would
apply.
Respectfully Submitted
Givonna Reed
RESOLUTION NO. 5427
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION DETERMINING THE COMPENSATION POLICY FOR EMPLOYEES SERVING
IN INTERIM MANAGEMENT EMPLOYMENT CAPACITIES
WHEREAS, the City will from time to time have vacancies in management and department head
positions; and
WHEREAS, the City Council may select an appropriate employee to serve in an interim capacity to
meet the needs of the vacant position;
NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council sets the policy to
compensate such employees at 115% of their current rate of pay for service performed during the
interim. The employee shall perform the additional duties to the best of their abilities as the
Council determines. The Council may choose to end the interim status should performance be
determined by the Council to not be adequate for any reason. This policy will apply only to
employees serving as interim department head or city administrator positions.
Adopted this 27th Day of March 2000.
Attest:
Dan Coughlin, Mayor
SEAL
Michael Ulrich, Interim City-Clerk Administrator
Item No: 6
Meeting Date: May 7, 2001
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: James Ericson, Community Development Director
Item Title/Subject: Discussion Regarding Proposed Ordinance 679 Amending
Chapter 1008 of the Mounds View Municipal Code,
Otherwise Known as the “Sign Code”
Date of Report: May 2, 2001
Background:
The Planning Commission has been working on the sign code since October of 2000, devoting part
of each meeting to this project. Over the course of these last six months, much time has been spent
not only reviewing the City’s code but also the sign codes from other communities, model sign
code language and some of the legal aspects surrounding sign regulation. The Commission has
drawn upon all of these resources as well as their own experiences to draft the proposed sign code
revision. Sign codes are 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 Planning Commission
feels that the proposed changes are in keeping with this purpose.
On April 4, 2001, the Planning Commission held a public hearing regarding the proposed changes
to the Sign Code and approved Resolution 651-01on April 18, 2001 which recommends City
Council approval of Ordinance 679, the ordinance which amends Chapter 1008 of the Municipal
Code pertaining to signs and billboards.
Discussion:
Many changes are proposed with this revision and it is staff’s intent to highlight the most obvious
of these changes and those changes having the greatest impact upon the business community. To
begin with, the structure of the code has changed and has been reorganized to make the code more
readable and easier to understand. Even though some parts may be stricken as if deleted, in most
instances the text is simply relocated elsewhere within the code. Similarly, many parts of the code
are underlined as if new, yet are simply passages relocated from another part of the code. The
changes are individually noted in table format on the following pages.
A public hearing has been scheduled for the first reading and introduction of Ordinance 679 for
May 14, 2001.
Ord. 679 Report
May 7, 2001
Page 2
Changes:
Page #
Section #
Change
Page 1
Sec. 1008.01
A “purpose” section has been added to the Code which outlines the basis and rationale
for the sign age regulations and requirements.
Pages 2 - 7
Sec. 1008.02
Most of the definitions have been changed to reflect current standards and policies and
have been revised to eliminate regulations and requirements from within the definitions.
All of the original definitions are struck out.
Page 7
Sec. 1008.03
Subd. 2 indicates that except for temporary signs, no permit or fee shall be required for
any sign less than 8 square feet in size
Page 8
Sec. 1008.03
Subd. 2 also includes the addition of other specific sign types that are exempt from a
permit.
Page 9
Sec. 1008.06
Subd. 2 has changed from special approval by council for unusual signs to outlining the
variance procedure for any sign that would not comply with the requirements.
Page 11
Sec. 1008.09
Subd. 1c originally prohibited non-conforming signs to be altered or changed in any way.
This requirement has changed and is addressed elsewhere in the code. In its place,
language is added about sign illumination requirements.
Page 11
Sec. 1008.09
Subd. 1f originally required all signs to be marked with an identifying number. This req.
was eliminated, as the practice was never implemented. In its place, regulations
pertaining to maintenance, repair and removal have been added.
Page 11
Sec. 1008.09
Subd. 1h adds language pertaining to obsolete signage and sign copy, indicating that
such signage shall be considered a nuisance.
Page 11
Sec. 1008.09
Subd. 1j; Clearance of signs from conductors. This was relocated from a different part of
the code.
Page 12
Sec. 1008.09
Subd. 1k; Signs along freeways. This was relocated from a different part of the code.
Page 12
Sec. 1008.09
The contents of the original Subd. 1i has been relocated to within 1008.10, Subd 1.
Page 13
Sec. 1008.09
Subd. 2 reorganizes the sign area allowances by district into an easy-to-read table.
Within the table, some of the areas have increased and decreased, depending upon the
type of sign and the zoning district in which it is located.
Page 13
Sec. 1008.09
Subd. 3 indicates ground sign height by district, again in table format.
Pages 13 - 19 The original language on these pages, while shown to be deleted, have been reorganized
into different subdivisions within the revised code.
Page 20
Sec. 1008.10
This begins a new section which reorganized much of the information contained on
Pages 13 - 19 labeled Specific Sign Type Standards and requirements. The first
subdivision addresses ground signs. Note the graphic depicting setbacks and the sight
triangle. The original language was EXTREMELY difficult to decipher.
Page 22 & 23
Sec. 1008.10
Subd. 4 addresses temporary signs. The original code lumped all temporary signs into
one subdivision, treating all types of temp signs alike even though they are treated much
differently. The revised code breaks the language down by addressing the individual
temporary sign types and their related regulations. The substantive changes from the
original code are as follows: (d) Changeable copy sign area allowance is increased from
32 sf to 48 sf in keeping with current standards. (c) Beacons, aka searchlights. Up to this
point, the code has been silent on searchlights. The change allows the Council to
approve searchlights with approval of MAC or other appropriate agency. (e) Inflatable
objects, such as gorillas or hot air balloons, are now addressed. (f) Flag or pennant
Ord. 679 Report
May 7, 2001
Page 3
stringers are now considered a temporary sign. (g) Businesses may have one grand
opening or other “grand” event once per calendar year employing multiple temporary
sign types.
Page 24
Sec. 1008.10
Subd. 5, Window signs. This is a new section. Up to now, window signs have not been
regulated. Because of the proliferation of window signs on some businesses and the
related possible public safety issues, language has been added which allows for a 25%
window coverage ratio with a prohibition of window signage within a that area of the
window measuring 4 to 7 feet above the interior floor level of the establishment.
Page 24 & 25
Sec. 1008.10
Subd. 6, Billboards. This language remains unchanged from the original code. It is
simply relocated to this new section.
Pages 26 & 27
Sec. 1008.11
This section adds a new reference to miscellaneous signage requirements and provisions.
Subd. 1 provides for signage allowances for non-residential uses within a residential
district. Subd. 2 addresses traffic control signs. Subd. 3 addresses garage sale and similar
signs. Subd. 4 adds language regarding area identification signs. Last, Subd. 5 adds
language about off-site directional signs.
Page 27
Sec. 1008.12
This is a new section entitled, “Prohibited Signs.” The list of prohibited signs include,
flashing signs, signs or lights which mimic or have an appearance of an emergency
vehicle or traffic control light, roof signs, “Lose Weight Quick” or “Work from Home
and Earn $” temporary signs on telephone pole, and vehicles used as signs.
Page 28
Sec. 1008.13
This is a new section pertaining to nonconforming signs. Originally, a nonconforming
sign had no rights for alteration or repair unless brought into compliance with code.
Most communities allow for nonconforming signs to be maintained, repaired and
changed so long as the extent of the nonconformity is not changed. The revised code
now allows for repairs and alterations to nonconforming signs.
Page 28
Sec. 1008.16
Sign Variances. While this is not a new section, the seven criteria which establish
hardship have been deleted and replaced with a reference to Chapter 1125.
Recommendation:
Discuss the proposed changes and direct staff to make any further or additional changes to the
proposed ordinance prior to the first reading.
_____________________________________
James Ericson
Community Development Director
763-171-4021
N:\DATA\GROUPS\COMDEV\Special Projects\Sp082-00 (Sign Code)\Sign Code Report - May 7, 2001.doc
Ord. 679 Report
May 7, 2001
Page 4
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 651-00
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF PROPOSED ORDINANCE 679,
AN ORDINANCE AMENDING CHAPTER 1008, “SIGN AND BILLBOARDS”;
SPECIAL PLANNING CASE SP-082-00
WHEREAS, after a thorough and comprehensive review of Chapter 1008 of the
Municipal Code (“Signs and Billboards”), the Mounds View Planning Commission determined
that significant and extensive changes were necessary; and,
WHEREAS, in its review, the Mounds View Planning Commission examined sign codes
from other cities and model sign code language from the American Planning Association as well
as the United States Sign Council Foundation; and,
WHEREAS, after six months of intensive review, the Mounds View Planning
Commission held a public hearing on April 4, 2001 to present the proposed changes to the
residential and business community and to seek comment and feedback; and,
WHEREAS, the Mounds View Planning Commission has determined that proposed
changes represented in Ordinance 679 are necessary for the promotion and preservation of the
public health, safety, welfare and aesthetics of the community.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission recommends to the Mounds View City Council adoption of proposed
Ordinance 679.
BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward
this resolution to the City Council prior to approval of the minutes.
Adopted this 18th day of April, 2001.
__________________________________________
Gary Stevenson, Chairperson
ATTEST:
__________________________________________
James Ericson, Community Development Director
(SEAL)
Ord. 679 Report
May 7, 2001
Page 5
ORDINANCE NO. 679
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1008 OF THE
OF THE MOUNDS VIEW MUNICIPAL CODE,
ENTITLED “SIGNS AND BILLBOARDS”
WHEREAS, this ordinance is intended to establish a comprehensive and balanced system of sign control
that accommodates the need for a well-maintained, safe, and attractive community, and the need for effective
communications including business identification; and,
WHEREAS, the City of Mounds View finds it is necessary for the promotion and preservation of the
public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of
signs be controlled; and,
WHEREAS, the Mounds View City Council makes the following findings of fact:
1. Permanent and temporary signs have a direct impact on and relationship to the image of the
community.
2. The manner of installation, location and maintenance of signs affects the public health, safety, welfare
and aesthetics of the community.
3. An opportunity for viable identification of community businesses and institutions must be established.
4. 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 unduly divert the attention of drivers.
5. 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.
6. Uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the
community and thereby undermine economic value and growth.
7. 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.
8. Commercial signs are generally incompatible with residential uses and should be strictly limited in
residential zoning districts.
9. The right to express noncommercial opinions in any zoning district must be protected, subject to
reasonable restrictions on size, height, location and number.
Ord. 679 Report
May 7, 2001
Page 6
NOW, THEREFORE, based on the above findings of fact,
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Chapter 1106, Section 1106.03, Subdivision 3 of the Mounds View Zoning Code is hereby
amended with additions underlined and deletions struck out to read as follows:
[The remainder of this page left intentionally blank.]
Ord. 679 Report
May 7, 2001
Page 7
CHAPTER 1008
SIGNS AND BILLBOARDS
SECTION:
1008.01: Purpose
1008.02 01: Definitions
1008.03 02: Building Permit Required; Exceptions
1008.04 03: Application for Permit
1008.05 04: Permit Fees; Waiver
1008.06 05: Issuance of Permit; Conditions
1008.07 06: Sign Installer's License Provisions
1008.08 07: Maintenance of Premises
1008.09 08: General Location, Design and Construction Standards
1008.10: Specific Sign Type Standards And Requirements
1008.11: Miscellaneous Signage Requirements And Provisions
1008.12 Prohibited Signs
1008.13 Nonconforming Signs
1008.14 09: Abrogation and Greater Restriction
1008.15 10: Violation of Provisions
1008.16 11: Sign Variances (Ord. 644, 12-13-99)
1008.01: Purpose. The sign ordinance is intended to establish a comprehensive and balanced system of sign control
that accommodates the need for a well-maintained, safe, and attractive community, and the need for effective
communications including business identification. The City of Mounds View finds it is necessary for the promotion
and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location,
size and maintenance of signs be controlled. Further, the city finds that:
• permanent and temporary signs have a direct impact on and relationship to the image of the community;
• the manner of installation, location and maintenance of signs affects the public health, safety, welfare
and aesthetics of the community;
• an opportunity for viable identification of community businesses and institutions must be established;
• 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 unduly divert the attention of drivers;
• 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;
• uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the
community and thereby undermine economic value and growth;
• 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;
• commercial signs are generally incompatible with residential uses and should be strictly limited in
residential zoning districts; and
Ord. 679 Report
May 7, 2001
Page 8
• the right to express noncommercial opinions in any zoning district must be protected, subject to
reasonable restrictions on size, height, location and number.
1008.02 01: DEFINITIONS: The following terms have the meanings ascribed to them in this Section:
ABANDONED SIGN: A sign that becomes vacant, unoccupied or unused; or a sign promoting a business or activity no
longer in operation or incorrectly or inaccurately conveying a message, or a sign promoting an obsolete message or sign
copy, for a period in excess of one month.
ANIMATED SIGN: A sign that has any moving or rotating part; or uses movement or change of lighting to depict action or
create a special effect or scene. Refer also to electronic scrolling message or marquee signs.
AREA IDENTIFICATION SIGN: A freestanding sign which identifies the name of a community, neighborhood, a
residential subdivision, a multi-family residential complex consisting of three (3) or more structures, a planned unit
development, or any combination of the above located on contiguous properties.
AWNING SIGN: A sign displayed on or attached flat against the surface or surfaces of an awning attached to or extending
from a building.
BANNER: Any sign of lightweight, flexible material affixed to a building, poles, vehicle or other supporting structures upon
which a message, slogan, design or logo is displayed. National, state, or municipal flags shall not be considered a banner.
BEACON: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same
lot as the light source; also, any light with one or more beams that rotate or move. Otherwise known as searchlights. For the
purposes of this Section, beacons or searchlights shall be considered temporary signs.
BENCH SIGNS: A sign which is affixed to a bench or shelter at a bus stop.
BILLBOARD: A large, outdoor advertising structure typically mounted on one or more poles, located
off the premises where the advertised product is sold or offered.
BUSINESS SIGN: A sign that states the proper name of the business, organization or institution
located on the premises on which the sign is located.
CAMPAIGN SIGN: A temporary sign promoting the candidacy of a person running for a government office, or promoting
an issue to be voted on at the next election.
CANOPY SIGN: A sign affixed to the visible surface of an attached or freestanding canopy structure,
often backlit to provide internal illumination. For the purposes of sign area computation, canopy signs
shall be treated as a wall sign.
CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters or illustrations that
can be changed or rearranged electronically or manually without altering the face or the surface of the
sign. A sign on which the message changes more than eight times a day shall be considered an
animated sign for the purposes of this ordinance. That portion of a sign on which the only copy that
changes is an indication of the time and temperature shall be considered a public informational sign.
Portable or non-permanent changeable copy signs shall, for the purposes of this Section, be considered
temporary signs.
Ord. 679 Report
May 7, 2001
Page 9
CONSTRUCTION SIGN: A sign placed at a construction site identifying the project and/or names of
the architect, engineers, developers, contractors or other individuals or firms associated with the project.
DIRECTIONAL SIGN: A sign for the purpose of making specific commercial, industrial or public and
semi-public locations known and to assist in finding these locations on the property where the sign is
located. Such signs may be located within street right of ways subject to approval of the City and
appropriate governmental agency.
FLAG OR PENNANT STRINGERS: A series of flags, pennants or streamers connected by a string or
a rope. Such stringers shall be considered temporary signs for the purpose of this Section.
FLASHING SIGN: A sign or portion thereof whose illumination is characterized by a repetitive cycle
in which the period of illumination is either the same as or less than the period of non-illumination. For
the purposes of this ordinance, flashing will not be defined as occurring if the cyclical period between
on-off phases of illumination exceeds four (4) seconds.
FREESTANDING SIGN: A sign principally supported by a structure affixed to the ground, and not
supported by a building, including signs supported by one or more columns, poles or braces placed in
or upon the ground. Also referred to as a Ground Sign.
GOVERNMENT OR REGULATORY SIGN: A sign which is erected by a governmental unit for
identification, traffic control or other regulatory purposes. Such signs are often located within street
right of ways.
GROUND SIGN: A sign principally supported by a structure affixed to the ground, and not supported
by a building, including signs supported by one or more columns, poles or braces placed in or upon the
ground. Also referred to as a Freestanding Sign.
HOME OCCUPATION SIGN: A sign erected upon a residential property to advertise a home based
business or occupation taking place at that location.
IDENTIFICATION SIGN: A sign, the primary function of which is to identify a residential,
commercial, industrial or public or semi-public use located upon the premises where such sign is
located or to which such sign is affixed. Signs identifying commercial uses may call attention to the
product, service or activity that is sold or offered upon the premises. Signs identifying industrial uses
may call attention to the product, goods or material which is produced, processed, assembled or stored
upon the premises.
INFLATABLE SIGN: A portable device inflated with air or helium used to draw attention to an
activity or business upon which the device is attached. Such object may or may not display advertising
copy. For the purposes of this Section, inflatable devices shall be considered a temporary sign.
ILLEGAL SIGN: A sign erected without a permit or in violation of this ordinance. Such signs shall be
subject to removal upon written notice by the City.
INCIDENTAL SIGN: A sign, generally informational, that has a purpose secondary to the uses on the property on which it
is located. Such signs might include, but are not limited to, “No Parking,” “Entrance,” “Exit,” “ATM,” or “Payphone.” No
Ord. 679 Report
May 7, 2001
Page 10
sign with a commercial message legible off the premises shall be considered incidental.
MONUMENT SIGN: A freestanding sign attached to the ground by means of a freestanding support structure, solid from
grade to the top of the sign structure, typically encased or supported by masonry materials.
NUISANCE SIGN: A sign in a state of disrepair, deterioration or damage whereupon one fourth (1/4) or more of the sign
surface is no longer clearly legible or recognizable at a distance of forty (40’) feet. Also, any sign in violation of the
provisions of this Chapter shall be considered a nuisance sign except for legal nonconforming signs.
NONCONFORMING SIGN: Any sign that does not comply with the requirements of this ordinance is considered
nonconforming. A sign which was erected legally but does not comply with subsequently enacted sign restrictions or
regulations is considered legal nonconforming.
POLE SIGN: A freestanding sign supported by or erected upon one or more narrow columns, shafts or poles. Also referred
to as a Pylon sign.
PORTABLE SIGN: Any sign not permanently attached to the ground or other permanent structure, or
a sign designed to be transported, including, but not limited to, signs on wheels, signs converted to “A”
or “T” frames, menu and sandwich boards, inflatable devises, advertising umbrellas, and signs attached
to or painted on vehicles parked and visible from the public right of way, unless said vehicle is used in
the normal day-to-day operations of the business.
PROJECTING SIGN: A sign other than a wall sign which is perpendicular to and projects more than
eighteen (18) inches from a building face or wall or from a structure whose primary purpose is other
than the support of the sign.
PYLON SIGN: A freestanding sign supported by or erected upon one or more narrow columns, shafts or poles. Also
referred to as a Pole sign.
REAL ESTATE SIGN: A sign advertising the sale, lease or rental of the property or premises upon which the sign is
located.
ROOF SIGN: A sign erected, constructed or attached wholly or in part upon any roof or over the
highest roofline of a building.
SECURITY SIGN: A small, incidental sign identifying the presence of a security system.
SIGHT TRIANGLE: A triangle formed at a property corner abutting two street right of ways where
two triangle legs are 30 feet long with the third leg traversing the property to connect the other two legs.
(Refer to the graphic in Section 1008.09, Subd. 1b.)
SIGN: A sign, the primary function of which is to direct attention to a product, service or activity that
is sold or offered either elsewhere or upon the premises where such sign is located or to which it is
affixed.
SIGN AREA: That area of a sign within the marginal lines of the surface, which bears the
announcement, name, advertisement or other message or, in the case of letters, figures or symbols
attached directly to any part of a building, the area which is included in the smallest rectangle which can
be made to circumscribe all letters, figures or symbols displayed thereon.
SIGN COPY: The letters, numbers, figures, symbols, logos, and graphical elements comprising the content or message of
the sign.
Ord. 679 Report
May 7, 2001
Page 11
TEMPORARY SIGN: Any sign displaying a commercial or non-commercial message erected or
maintained for a specific period of time and not of a permanent nature. Such signs shall include
banners, inflatable devices, sandwich boards, portable changeable copy signs or any other device
intended to attract attention.
TRANSIT ENCLOSURE SIGN: Commercial advertising located within a transit enclosure or shelter.
Such signage shall not include route schedules, service announcements or other similar notices.
WALL SIGN: A sign attached to or erected against the exterior wall of a building or structure with the
exposed face of the sign in a plane approximately parallel to the face of said wall, not to project more
than twelve inches (12”) from the surface to which it is attached.
WINDOW SIGN: A sign affixed to the interior or exterior of a window or inside the building within three feet of the
window with its message intended to be visible to and readable from the public.
Ord. 679 Report
May 7, 2001
Page 12
Subd. 1. BANNER: An attention-getting device, the materials of which consist of paper, cloth or of other
man-made materials and which are of temporary nature.
Subd. 2. BILLBOARD: An advertising sign located off the premises where the advertised product is sold or offered. It
is usually, but not necessarily, owned by an advertising company.
Subd. 3. BUSINESS OCCUPANT: An individual or group of individuals owning, renting or leasing a building or part
thereof to conduct a business separate of others.
Subd. 4. BUSINESS SIGN: A sign that states the proper name of the business, organization or institution located on the
premises on which the sign is located.
Subd. 5. GROUND SIGN: A detached sign erected upon or supported by the ground and not attached
to any building.
Subd. 6. PEDESTAL SIGN: A ground sign erected upon a single post or shaft or upon two (2) posts
or shafts that merge or touch at the base or which are not more than fifteen feet (15') apart,
center of shaft to center of shaft, with the display portion mounted on top thereof at least seven
feet (7') above the surface of the street adjacent to the property on which the sign is located. No
such sign shall have a sign area of more than three hundred forty (340) square feet on each side.
Such sign may advertise only businesses located on the premises. No business property shall
have more than one (1) pedestal sign adjacent to each street upon which such business property
abuts; provided, that on each street frontage of more than one hundred feet (100'), one (1)
additional pedestal sign may be established and maintained on such street frontage if such
additional pedestal sign a) is located on a single pole, b) does not exceed twenty eight (28)
square feet in an area on any side and does not have more than two (2) sides, c) is not more than
four feet (4') in width or seven feet (7') in height on the sign face, d) is located at least seven
feet (7') above the surface of the street. In lieu of one (1) additional pedestal sign, two (2)
separate signs may be located on the same pole, but such two (2) signs combined shall not
exceed, in area or dimensions, the limitations applicable to a single additional pedestal sign.
No pedestal sign shall be so designed as to have both a) moving parts, and b) moving or
blinking lights. In addition to the pedestal signs permitted by the foregoing provisions of this
subdivision, a sign advertising a public telephone may be located in the area ahead of the
building setback line on the structure in which such public telephone is located.
Subd. 7. PORTABLE SIGN: A back-to-back, mobile advertising device which may be mounted on wheels and used for
commercial as well as civic promotions.
Subd. 8. PROJECTING SIGN: A sign other than a wall sign suspended from or supported by a building or structure and
projecting out therefrom.
Subd. 9. ROOF SIGN: A sign erected upon or above the roof or parapet wall of a building or structure.
Subd. 10. SIGN: A sign, the primary function of which is to direct attention to a product, service or activity that is sold
or offered either elsewhere or upon the premises where such sign is located or to which it is affixed.
Subd. 11. SIGN, ADVERTISING: A sign, the primary function of which is to direct attention to a product, service or
activity that is sold or offered either elsewhere or upon the premises where such sign is located or to which it is
affixed.
Subd. 12. SIGN AREA: That area of a sign within the marginal lines of the surface, which bears the announcement,
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Page 13
name, advertisement or other message or, in the case of letters, figures or symbols attached directly to any part of a
building, the area which is included in the smallest rectangle which can be made to circumscribe each letter, figure
or symbol displayed thereon.
Subd. 13. SIGN, DIRECTIONAL: A sign for the purpose of making specific commercial, industrial or public and
semi-public locations known and to assist in finding these locations on the property which the sign is located.
Subd. 14. SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary and/or
constant in intensity and color at all times when such sign is in use.
Subd. 15. SIGN, IDENTIFICATION: A sign, the primary function of which is to identify a residential, commercial,
industrial or public or semi-public use located upon the premises where such sign is located or to which such sign is
affixed. Signs identifying commercial uses may call attention to the product, service or activity that is sold or
offered upon the premises. Signs identifying industrial uses may call attention to the product, goods or material
which is produced, processed, assembled or stored upon the premises.
Subd. 16. SIGN, ILLUMINATED: Any illuminated sign on which the artificial light is maintained stationary and/or
constant in intensity and color at all times when such sign is in use.
Subd. 17. TEMPORARY SIGN: A sign so designed as to be movable from one (1) location to another and which is not
permanently attached to the ground, a sign structure or a building.
Subd. 18. WALL SIGN: A sign attached to or erected against the wall of a building or structure with the exposed face of
the sign in a plane approximately parallel to the face of said wall. (1988 Code §39.01)
1008.03 02: BUILDING PERMIT REQUIRED; EXCEPTIONS:
Subd. 1. Permit Required: It is unlawful to install, construct, erect, alter, revise, reconstruct or
relocate any outdoor sign or structure, as defined in Section 1008.01 02 of this Chapter, in the
Municipality without first obtaining a permit therefor as required by this Chapter, except as
provided in subdivision 2 of this Section. (1988 Code §39.02)
Subd. 2. Exceptions: Permits need not be obtained for any sign less than or equal to eight (8) square feet in area
(excluding temporary signs), or for the specific signs addressed below, provided all other requirements of this
Section are satisfied: but the other provisions of this Chapter shall be observed, for the following types of signs:
a. A sign not exceeding ten (10) square feet in area, pertaining only to the sale, rental or lease of the premises upon
which displayed.
b. A sign on residential property stating only the name or identity of the occupant, which sign shall not exceed two
(2) square feet in area.
c. A sign on property on which a public, charitable or religious institution is located, stating the
name and nature of the occupancy and information as to the conditions of use or occupancy or a
sign on such property used by the institution as a bulletin board, which sign shall not exceed ten
(10) square feet in area.
c. Construction sign or sign belonging to a contractor performing work upon a property. Such sign shall be
removed immediately upon completion of the work.
d. A campaign sign as provided for in subdivision 1008.08(11) 10, Subd. 7 of this Chapter.
(1988 Code §39.03; 1993 Code; Ord. 607, 5-11-98)
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e. Home occupation signs and incidental residential signs.
f. National, state, regional, local, non-commercial institutional or cultural flags.
g. Advertising on a transit bench or within a transit shelter or enclosure.
h. Official notices authorized by a court, public body or public safety official.
1008.04 03: APPLICATION FOR PERMIT: Application for permits shall be made upon forms provided by the
Clerk-Administrator and shall include the following information:
Subd. 1. The name, address and telephone number of the applicant.
Subd. 2. The location of the building, structure or lot to which or upon which the sign is to be placed.
Subd. 3. The position of the sign or other advertising structure in relation to nearby buildings, structures and streets or
highways, if necessary.
Subd. 4. Two (2) blueprints or ink drawings of the plans and specifications and method of construction and attachment to
the building ground.
Subd. 5. A copy of the stress sheets and calculations may be required by the Inspector, on larger signs, showing that the
structure is designed for dead load and wind pressure in any direction in the amount required by this Chapter and
any other applicable law.
Subd. 6. The name of the person erecting the structure, if not the applicant, or the name of the person on whose property
the structure is to be located, if not the applicant.
Subd. 7. The written consent of the owner of the property, if not the applicant.
Subd. 8. A statement as to whether the sign will be illuminated or not.
Subd. 9. A statement as to whether any electric lights on the sign will be "moving" or blinking.
Subd. 10. A statement as to whether the sign will be single-faced, double-faced or multi-faced.
Subd. 11. A statement as to whether or not the copy on the sign will be changeable.
Subd. 12. A statement as to whether or not the copy on the sign will relate only to the business or activity conducted on
the premises on which the sign is to be located. (1988 Code §39.09)
1008.05 04: PERMIT FEES; WAIVER:
Subd. 1. Fee: The application for a permit shall be accompanied by the required permit fee. The permit fee shall be
established by resolution of the City Council. (1988 Code §39.10)
Subd. 2. Waiver: The Council, may, in its direction if so requested in writing, may waive the
fee required by this Section where the signs are to be erected by civic or religious organizations.
(1988 Code §39.11)
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1008.06 05: ISSUANCE OF PERMIT; CONDITIONS:
Subd. 1. Issuance: Upon presentation of application, permit fee, plans and specifications and other required information,
the sign construction permit shall be issued by the Community Development Department, Clerk-Administrator,
except as provided in subdivision 2 of this Section.
Subd. 2. Special Approval from Council Variances: In the event an application is made for a sign which does not
conform to the requirements of this section, the applicant shall either modify the application or apply for a variance
according to the provisions established in Chapter 1125 of the Zoning Code. No permit for a non-conforming sign
shall be issued without evidence of an approved variance. case of an application for a sign requiring a special
permit or which will be illuminated or moving or of unusual height, size, design or location, the
Clerk-Administrator shall refer such sign to the Council for approval. No permits for any such sign, so referred,
shall be issued without first obtaining the approval of the Council. (1988 Code §39.14)
1008.07 06: SIGN INSTALLER'S LICENSE PROVISIONS:
Subd. 1. License Required: No person shall engage in the business of installing signs nor shall be entitled to receive a
permit to install a sign in connection with such business unless first licensed by the Municipality to do so. (1988
Code §34.04)
Subd. 2. Application and Fee: A license may be granted by the Council upon written application to
the Clerk-Administrator on such form as required by the Clerk-Administrator and accompanied
by an annual license fee as established by resolution of the City Council. (1988 Code §34.05)
Subd. 3. Liability Insurance: Any person holding a licensee shall file with the Clerk-Administrator
policies of public liability and property damage insurance which shall remain and be in force
and effect during the entire term of said license and which shall contain a provision that they
shall not be cancelled without ten (10) days' written notice to the Municipality. Public liability
insurance should not be less than one hundred thousand dollars ($100,000.00) for injuries,
including accidental death to any one (1) person and subject to the same limit for each person in
an amount not less than three hundred thousand dollars ($300,000.00) on account of any one
(1) accident, and property insurance in the amount of not less than fifty thousand dollars
($50,000.00). (1988 Code §39.07)
Subd. 4. Expiration: Licenses shall be issued on an annual basis, with the license year running
from January July 1 through the following December 31 June 30. (1988 Code §39.08)
Subd. 5. Revocation: A license may be terminated and renewal thereof may be denied by the Council for cause after
notice to the licensee and reasonable opportunity for the licensee to be heard on the question of such termination.
Cause shall include any repeated or persistent violation of the requirements of this Chapter. (1988 Code §34.06)
1008.08 07: MAINTENANCE OF PREMISES: Premises on which ground signs are located shall be maintained
free of weeds and debris, and where landscaping was part of the original sign permit, such landscaping shall be maintained in
the manner provided in such permit. (1988 Code §39.12)
1008.09 08: GENERAL LOCATION, DESIGN AND CONSTRUCTION STANDARDS:
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Subd. 1. General Standards: Every sign shall conform to the standards of this Section whether or not a permit therefore is
required, and nothing contained herein shall be construed as modifying or repealing any of the provisions of this
Code relating to zoning 1. No sign shall be so located as to obscure or tend to obscure any existing sign. The
following additional requirements are to be observed:
a. Each ground sign shall be securely built, constructed and erected on the building or ground. Temporary signs
shall be so designed that they are not readily overturned.
b. No sign structure shall be attached or placed upon any building in such a manner as to obstruct any fire escape
or any window or door nor shall any sign structure be attached to a fire escape.
c. No sign erected before the effective date hereof shall be rebuilt, altered or removed to a new location without
being brought into compliance with the requirements hereof.
c. The illumination of any sign located near a residential district shall be defused or indirect and located so as not
to direct light on residences1.
d. No swinging sign shall hereafter be erected or hung on or attached to any building within the
Municipality, and every such sign so erected, hung or attached prior to the effective date hereof
which is deemed unsafe by the Building Inspector shall be immediately removed by the owner
thereof or changed to conform with the requirements of this Chapter when so ordered by the
Building Inspector.
e. Where portions of a sign are subject to a different classification, each portion shall meet the requirements of its
classification.
f. Each sign requiring a permit shall have an identifying number to be provided by the Inspector, which number
shall be posted on the exterior surface of the sign structure in a location where such information will be readily
visible after the sign is constructed.
f. Maintenance, Repair or Removal: Every sign permitted by this ordinance shall be
maintained in good condition and repair. When any sign becomes insecure, in danger of
falling, or is otherwise deemed unsafe or a nuisance by a City Inspector, or if any sign shall
have been unlawfully installed, erected or maintained in violation of any of the provisions of
this ordinance, the owner or firm using such sign shall, upon written notice by the City
Inspector, make such sign conform to the provisions of this ordinance or shall remove it within
ten (10) days. If such violation has not been corrected within ten (10) days, The City Inspector
may remove or cause such sign to be removed at the expense of the owner or user of the sign.
g. All signs and sign structures shall be maintained in a safe condition and in a state of good
repair at all times. No sign shall display matter that has been deemed obscene by a court of
competent jurisdiction.
h. Obsolete Sign Copy. Any sign copy that no longer advertises or identifies a use conducted on the property on
which the sign is located must have the sign copy covered or removed within thirty (30) days after written
notification from the City Inspector. Such sign shall be considered a nuisance sign.
1 See Title 1100 of this Code.
1 See Section 1103.09 of this Code.
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i. h. Each sign shall be used and maintained only in the manner permitted and subject to the conditions imposed at
the time the permit therefore was granted.
j. Clearance of Signs from Conductors: The minimum clearance of any sign from unprotected electrical conductors
(whether poles or other installations) shall not be less than thirty six inches (36") for conductors carrying not over
six hundred (600) volts and forty eight inches (48") for conductors carrying more than six hundred (600) volts.
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May 7, 2001
Page 18
k. Signs Along Freeways: Except as otherwise provided in this Chapter and subject to State and federal laws,
signs located on property adjacent to any freeway within the Municipality (including Interstate Highway 35W)
shall be business signs advertising businesses being conducted on the premises on which the signs are located.
No "traveling" or changing-message signs shall be located so as to face any freeway or be visible from the
freeway. The provisions of this subdivision, however, shall not be construed to render illegal or nonconforming
any signs which are legally located along any such freeway at the effective date herein. (Ord. 644, 12-13-99)
i. The following additional conditions shall be observed:
(1) No ground sign (except temporary signs, portable signs or banners) or signboard shall approach at
any point nearer than three feet (3') to any building unless such sign is placed parallel to the side of the building,
nor shall any such sign be placed within six feet (6') of the side of any lot nor nearer than fifteen feet (15') to any
street line where there is no established or customary building line nor within twenty five feet (25') of any street
corner right-of-way. Whenever the established or customary uniform building line upon the street where such
ground sign is to be erected is more than fifteen feet (15') from the street or property line, then such sign shall
not approach nearer to the street than the established or customary uniform building line. (Ord. 644, 12-13-99)
(2) The owner, lessee or occupant of the land on which the ground is located and the
owner of the sign shall keep the property on which the sign is located free of long grass, weeds
or other rank growth, rubbish or debris.
(3) All parts of ground signs shall be designed for wind pressure of not less than thirty
(30) pounds per square foot, and ground signs of wood construction shall have all members
which extend into the ground protected from decay by treatment with a preservative approved
by the Building Inspector.
(4) No permit shall be granted for the location of any ground sign having a sign area of more than forty
(40) square feet within one hundred feet (100') of any single-family residence ; provided, that the Council may
grant a special permit therefor if the owner of such residence gives written consent thereto.
(5) Pedestal signs permitted by the zoning regulations of the Municipality1 and by this Chapter may be
located adjacent to the right of way of a street or highway, but no part thereof shall extend over such right of way.
(6) No sign shall exceed thirty five feet (35') in height. (1988 Code §39.14)
1 See Title 1100 of this Code.
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Subd. 2. Signs Allowed by District: The following table represents the allowable signage and area requirements by
zoning district: The following requirements are for allowable signs as they pertain to zoned districts:
Sign Type R-1 R-2 R-3 R-4 R-5 R-O B-1 B-2 B-3 B-4 I-1 PF CRP PUD
Ground No No 32 32 32
32 100
200 200 200 200 100 100 *
Wall No No 64 64 No 100 100 100 100 100 100 *
Projection No No No No No 8 24 24 24 24 No *
Window No No No No No No Yes Yes Yes Yes No No No *
Identification 2 2 2 2 2 2 4 4 8 8 8 4 4 *
Temporary Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Real Estate 10 10 32 32 10 32 32 32 32 32 64 32 32 32
Home
Occupation 1 1 No No 1 No No No No No No No No No
Campaign Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes
Billboards No No No No No No No No No No No 700 700 700
Directional No** No** 4 4 4 4 4 4 8 8 8 8 8 8
Construction 8 8 8 8 8 8 32 32 32 32 32 32 32 32
Incidental 1 1 1 1 1 1 1 1 1 1 1 1 1 1
* Signage requirements within a PUD shall be as allowed by the PUD Narrative document. If no such document exists, signage shall be as
permitted for a B-3 zoning district.
** Directional signs may be allowed within right of ways upon written approval of the City, the appropriate governmental agency having
jurisdiction over the road way (if not the City) and the owner of the property directly abutting said sign.
Subd. 3. Ground Sign Height, by District: The following table represents the maximum height
allowed for ground signs in each zoning district.
R-1 R-2 R-3 R-4 R-5 R-O B-1 B-2 B-3 B-4 I-1 PF CRP PUD
(1) (1) 8 8 8 8 20 20 35 35 35 35 35 (2)
(1) No ground sign, other than home occupation, campaign, real estate, incidental and temporary signs
shall be allowed in these districts.
(2) Signage requirements within a PUD shall be as indicated by the PUD Narrative document. If no
such document exists, signage shall be as allowed for a B-3 zoning District.
a. R-1 Single-Family Residential District:
(1) A name on residential property stating only the name or address of the occupant not exceeding two (2)
square feet in size.
(2) A sign not exceeding ten (10) square feet in area pertaining only to the sale, rental or leasing of the
premises upon which displayed.
(3) A sign, as allowed in subdivision 1106.03(3) of this Code, pertaining to home occupations.
(4) Signs as allowed in subdivision 11 of this Section.
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b. R-2 Single- and Two-Family Residential District: Signs as allowed in subdivision 2a hereof.
c. R-3 Medium Density Residential District: Signs as allowed in subdivision 2a hereof.
d. R-4 High Density Residential District:
(1) Signs as allowed in subdivision 2a hereof.
(2) Direction signs for office, model, apartments, etc., locations not exceeding five (5) square feet.
e. R-0 Residential-Office District: Signs as allowed in subdivision 2d hereof.
f. B-1 Neighborhood Business District:
(1) Signs not exceeding one hundred (100) square feet total area combined. This includes all types of
permanent signs, as defined in Section 1008.01 of this Chapter.
(2) Temporary signs, as allowed in subdivision 9e of this Section.
g. B-2 Limited Business District:
(1) Signs not exceeding one hundred (100) square feet per business occupant. This includes all types of
permanent signs, as defined in Section 1008.01 of this Chapter.
(2) Temporary signs as allowed in subdivision 9e of this Section.
h. B-3 Highway Business District: Signs as allowed in subdivision 2g hereof.
i. B-4 Regional Business District: Signs as allowed in subdivision 2g hereof.
j. I-1 Light Industrial District: Signs as allowed in subdivision 2g hereof.
k. Other Signs As Allowed in Certain Districts: B-3 Highway Business District, B-4 Regional Business District
and I-1 Light Industrial District may have, besides the one hundred (100) square feet signage per business
occupant, one (1) general pedestal sign not exceeding three hundred forty (340) square feet. Only one (1) pedestal
sign is allowed per property.
l. R-5 Mobile Home District: Signs as allowed in subdivision 2d hereof, excluding subdivision 2a(2) of this
Section relating to allowable signage. (Ord 585, 7-15-96)
m. PF Public Facilities District: Signs not exceeding one hundred (100) square feet total per building. In addition
pedestal signs are allowed in accordance with Section 1008.01, subdivision 6 except that no permit shall be granted
for any pedestal sign of more than forty (40) square feet within one hundred feet (100') of any single family
residence. Except as otherwise provided in this Section, such signs shall only identify and relate to the activities
that are intended to occur on the site. Billboards, as permitted by Section 1008.08, subdivision 10, are allowed as
an interim use under Minnesota Statutes, section 462.3597. (Ord. 637, 2-14-00)
n. CRP Conservancy, Recreation, Preservation: Signs not exceeding one hundred (100) square feet total per
building. In addition pedestal signs are allowed in accordance with Section 1008.01, subdivision 6 except that no
permit shall be granted for any pedestal sign of more than forty (40) square feet within one hundred feet (100') of
any single family residence. Except as otherwise provided in this Section, such signs shall only identify and relate
to the activities that are intended to occur on the site. Billboards, as permitted by Section 1008.08, subdivision 10,
are allowed as an interim use under Minnesota Statutes, section 462.3597. (Ord. 637, 2-14-00)
o. PUD Planned Unit Development: Billboards, as permitted by Section 1008.08, subdivision 10, are allowed as
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May 7, 2001
Page 21
an interim use under Minnesota Statutes, section 462.3597. (Ord. 637, 2-14-00)
Subd. 3. Traffic-Control Related Sign Regulations: Compliance with the following regulations
relative to traffic control is required:
a. No moving or flashing sign shall be located or maintained within fifty feet (50') of an intersection at which traffic
semaphores are located.
b. No sign shall be designed, located or maintained so as to be likely to obscure or conceal or cause confusion as to
any traffic-control sign or device.
c. No sign shall be located or maintained on or over any public street or highway right of way unless specifically
permitted by the zoning regulations of the Municipality2.
d. There shall be no use of revolving beacons, zip flashers, flashing signs or similar devices that would distract
automobile traffic as to constitute a safety hazard. The illumination of any sign located near a residential district
shall be defused or indirect and located so as not to direct light on residences3. No flashing sign shall be located in
such close proximity to residences or residential property as to constitute a nuisance to persons residing on the
property by reason of flashing of the lights in such sign.
e. The sign shall be located or maintained so as not to interfere with the ability of drivers or pedestrians to see any
crossroad or crosswalk3. (1988 Code §39.13)
Subd. 4. Clearance of Signs from Conductors: The minimum clearance of any sign from unprotected
electrical conductors (whether poles or other installations) shall not be less than thirty six
inches (36") for conductors carrying not over six hundred (600) volts and forty eight inches
(48") for conductors carrying more than six hundred (600) volts.
Subd. 5. Signs Along Freeways: Except as otherwise provided in this Chapter, signs located on property adjacent to any
freeway within the Municipality (including Interstate Highway 35W) shall be business signs advertising businesses
being conducted on the premises on which the signs are located. No "traveling" or changing-message signs shall be
located so as to face any freeway or be visible from the freeway. The provisions of this subdivision, however, shall
not be construed to render illegal or nonconforming any signs which are legally located along any such freeway at
the effective date herein. (Ord. 644, 12-13-99)
Subd. 6. Projection Signs 1: The following standards shall be maintained for all projection signs:
a. All portions of projection signs shall be designed for a wind pressure of not less than thirty (30) pounds per
square foot.
b. Such signs shall not project over public street right of way but may project over sidewalks located on private
walks. No such sign shall be less than twelve feet (12') above the level of the sidewalk; provided, that such signs
which do not exceed four (4) square feet and which do not project more than two feet (2') over the sidewalk may be
eight feet (8') or more above the sidewalk. No projection sign shall project beyond a curb line nor project more
than eight feet (8') over any private sidewalk.
2 See Title 1100 of this Code; see also subdivision 604.03(3)n of this Code.
3 See Section 1103.09 of this Code.
3 See also subdivision 604.03(3)b of this Code
1 See also subdivisions 604.03(3)b, 604.03(3)n 1103.08(2) of this Code.
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Page 22
c. There shall be no more than two feet (2') of space between the inner edge of any such sign
and the face of the wall from which it projects, nor shall the outer edge of the sign be more than
eight feet (8') from the face of the wall.
d. The building or structure from which any such sign projects and all attachments or fastenings must be so
constructed as to safely resist the dead load and the wind load added by the attached sign.
e. All such signs shall be of noncombustible materials or of not less than one hour fire-resistive construction.
Subd. 7. Roof Signs: The following standards shall be maintained for all roof signs:
a. No roof sign shall be located nearer than five feet (5') from the outside wall toward which it
faces nor exceed twenty five feet (25') in height above the roof level of the building unless
constructed integral with the building or structure, nor shall it project beyond the edge of said
roof in any direction. For the purposes of this subdivision, lights attached to the sign structure
and lights attached to the building and beamed toward the sign structure shall be considered
part of the sign structure.
b. Every such sign shall be either metal, metal clad, incombustible, open wire or open metal sign; except, that such
sign may have letters, figures, characters or borders of wood if such borders do not exceed four inches (4") in width
and such wooden letters, figures or characters do not cover more than twenty five percent (25%) of the area of such
sign; provided, that in place of sheet metal, substitution may be made of the following materials: tempered pressed
wood or other similar materials approved by the Building Inspector, having equal properties as to strength, fire and
moisture resistance.
c. No such sign shall be so placed as to prevent passage of persons from one part of the roof to another.
d. The building or structure upon which such sign is placed and all attachments or fastenings must be so
constructed as to safely resist the dead load and the wind load added by the attached sign and in such a manner as
not to cause damage to the building or structure on which such sign is placed.
e. No roof sign shall be more than sixty five feet (65') in length, nor shall it extend more than twenty five feet (25')
above the surface of the roof of the building on which it is located. No roof sign shall extend more than forty five
feet (45') above the average ground level of that part of the street toward which it faces.
Subd. 8. Wall Signs: The following standards shall be maintained for all wall signs:
a. No wall sign shall have a projection over a private sidewalk or an established building line of more than twelve
inches (12").
b. The materials, construction and attachment of any such sign shall meet the same standards and requirements as
roof signs.
Subd. 9. Banners, Temporary or Portable Signs: Temporary signs, as defined in Section 1008.01 of
this Chapter shall comply with the provisions hereof. The following standards shall be
maintained for all banners, temporary or portable signs:
a. Temporary signs and banners attached to any building constructed of canvass, plastic material, cloth or other
material with or without framework, shall be strongly constructed and shall be securely attached to their supports.
They shall be removed (including all framework and supports) as soon as damaged or torn and in no case later than
twenty one (21) days after erection.
Ord. 679 Report
May 7, 2001
Page 23
b. Banners and temporary signs shall not be larger than one hundred twenty (120) square feet in area for each
twenty feet (20') of building frontage. There shall not be more than one temporary sign on any building frontage.
c. No banner or temporary signs shall project over public property or right of way but may extend a maximum of
six inches (6") from the face of the building.
d. Banners and temporary signs shall not be hung so as to cover, either partially or completely, any door, window
or opening required for ventilation.
e. No temporary sign, banner or portable sign shall be located on any multiple residence, commercial or industrial
property in the City without first obtaining a permit therefor from the City. If the City determines to grant an
application for a permit for any such temporary sign, banner or portable sign, it may impose conditions upon the
granting thereof, and it shall be unlawful to locate or maintain any such sign or bannering for a longer period or in a
different manner than that specified in the permit. No such permit shall be granted, however, where such temporary
signs, banners or portable signs are prohibited by other provisions of this Code.
f. No portable sign or temporary sign shall exceed thirty two (32) square feet on each side.
g. No portable sign, temporary sign or banner shall be located on any property in the City for more than twenty one
(21) days at one time or for more than three (3) twenty one (21) day periods on any one (1) year.
h. The Council may allow administrative approval of sign installation for signs of identical design being installed
by a business or individual. Once Council approval has been obtained for a particular sign design, the applicant
may receive administrative permits for the installation of such sign from the Clerk-Administrator following
submittal of all relevant information as outlined in Section 1008.03 of this Chapter and receipt of applicable fees.
Subd. 10. Billboards: A permit shall not be issued for any new billboard unless it complies with the
following interim use requirements, pursuant to Minnesota Statutes, section 462.3597: (Ord.
644, 12-13-99; Ord. 656, 3-27-00)
a. Interim Use Permit: An interim use permit (IUP) must be obtained in accordance with procedures identical in
form and substance to the conditional use permit procedures found in Section 1125.01, subdivision 3 of the
Mounds View Municipal Code. Any interim use permit issued for an interim use billboard shall automatically
expire no later than July 1, 2015 or when the lease agreement for the billboard expires whichever date is earlier.
Such IUP shall be null-and-void if the applicant fails to obtain any required permit from the State of Minnesota.
(Ord. 644, 12-13-99; Ord. 656, 3-27-00)
b. Location: The billboard must be located along and north of State Highway 10 (118). The applicant must have
an approved lease agreement with the property owner. The billboard shall be oriented towards State Highway 10
(118) and/or I35W. Billboards must be located at least two hundred fifty feet (250') from residentially zoned
property. Billboards may be located adjacent to the right-of-way of a street or highway, but no part thereof shall
extend over such right-of-way. (Ord. 644, 12-13-99)
c. Minimum Spacing: Billboards must be at least one thousand feet (1,000') apart. Spacing between signs shall be
measured by projecting the nearest points of the signs to the property line of the right-of-way from which they are
intended to be read and measuring the distance in a straight line between the projected points. Required spacing
shall apply only to billboards on the same side of the same roadway. (Ord. 644, 12-13-99)
d. Maximum Sign Area: The maximum gross surface display area of the sign cannot exceed seven hundred (700)
square feet per side except that any rectangular billboard may contain temporary extensions, cutouts, or top
lettering which occupy a total area not in excess of twenty-five percent (25%) of the area of the basic billboard and
form an integral part of the design thereof. No such temporary extension, cut out, or top lettering may project more
than six feet (6') from the top, eighteen inches (18") from either side or fifteen inches (15") from the bottom of the
Ord. 679 Report
May 7, 2001
Page 24
basic rectangular advertising message. The area of an extension, cutout, or top lettering shall be deemed to be the
area of the smallest rectangle into which such extension, cutout, or top lettering will fit. (Ord. 644, 12-13-99)
e. Orientation of Sign Faces: Billboards may have no more than two (2) sign faces. Sign faces must be back-to-
back with sign faces parallel or angled. All billboards with their faces back-to-back and parallel shall have no
greater distance than eight feet (8') between the faces. All billboards with faces at an angle shall have no greater
angle than thirty-five degrees (35°). (Ord. 644, 12-13-99)
f. Maximum Sign Height: The maximum allowable height of billboards shall be thirty-five feet (35'). The height
shall be measured from the grade at the base of the sign or from the surface of the roadway whichever is higher.
(Ord. 644, 12-13-99)
g. Obstruction: No billboard may be located in such a manner as to obscure or otherwise interfere with the
effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with a driver's view of approaching,
merging, or intersecting traffic. (Ord. 644, 12-13-99)
Any billboard legally existing on the effective date of this section may continue to be maintained in its present form
and size but not expanded. This does not preclude the periodic change of the message or advertisement presented
on the billboard. (Ord. 644, 12-13-99)
Any billboard destroyed by an act of God may be rebuilt within thirty (30) days if the construction of same would
comply with this subdivision. (Ord. 644, 12-13-99)
Subd. 11. Campaign Signs: The following regulations shall apply to all campaign signs for political
candidates or issues:
a. No more than one sign shall be erected per candidate or issue along each street frontage of any parcel of land.
b. Campaign signs shall not exceed twelve (12) square feet and not exceed four feet (4') in height above the
ground; except, where such signs are located no closer than one hundred fifty feet (150') to the property line of a
residential dwelling, the maximum size shall be thirty two (32) square feet, and the maximum height above the
ground shall be six feet (6').
c. Campaign signs may be displayed from the last day of candidacy filing or thirty (30) days before an election,
whichever is earlier.
d. All campaign signs must be removed no later than five (5) days after an election; except, that after a primary
election, signs for the winning primary candidates need not be removed until after the ensuing general election.
(1988 Code §39.14; 1993 Code)
Ord. 679 Report
May 7, 2001
Page 25
1008.10: SPECIFIC SIGN TYPE STANDARDS AND REQUIREMENTS:
Subd. 1. Ground Signs: The following standards shall be maintained for all ground signs, excluding incidental,
temporary, home occupation, campaign, identification and real estate signs:
a. No part of a ground sign shall be nearer than three feet to any building unless such sign is placed parallel to
the side of the building.
b. No part of a ground sign shall be nearer than 15 feet (15’) to any perimeter lot line nor
located within a 30-foot sight triangle on any property abutting two intersecting street right of
ways. (Refer to the graphic below.)
c. The owner, lessee or occupant of the land on which the ground sign is located and the
owner of the sign shall keep the property on which the sign is located free of long grass, weeds
or other rank growth, rubbish or debris.
d. All parts of ground signs shall be designed for wind pressure of not less than thirty (30)
pounds per square foot, and ground signs of wood construction shall have all members which
extend into the ground protected from decay by treatment with a preservative approved by the
Building Inspector.
e. No permit shall be granted for the location of any ground sign having a sign area of more than forty (40)
square feet within one hundred feet (100') of any single-family residence.
County Road
X
County Road Y 30 ft 30 ft Sign is set back
15 feet from
both front and
side property lines
Business
Sign cannot be
located within
sight triangle.
Sight Triangle*
Property
Lines
* The sight triangle is formed by connecting the two end points of 30-foot lines extending in both
directions from the intersection of two property lines abutting a street or highway.
Ord. 679 Report
May 7, 2001
Page 26
f. No more than one pole or pylon sign shall be allowed per lot. However, the ground sign area allowance may be
divided between one pole or pylon sign and a monument sign or between multiple monument signs, subject to the
requirements herein, provided that one or more of the following conditions are applicable:
(1). The lot abuts multiple street right of ways, in which case a sign may be located along each frontage.
(2). There are multiple curb cuts or driveways accessing the property, in which case a sign may be located
near each access point or driveway, provided the signs are separated by no less than two hundred feet (200’).
(3). The width of the lot, as measured along its longest street frontage, exceeds two hundred and fifty feet
(250’), in which case multiple signs may be located along the long frontage provided such signs are separated
by no less than two hundred feet (200’).
(4). The property or properties are within an approved Planned Unit Development (PUD).
Subd. 2. Wall Signs: The following standards shall be maintained for all wall signs:
a. No wall sign shall have a projection over a private sidewalk or an established building line of more than twelve
inches (12").
b. The wall sign area allowances as indicated in Section 1008.08, Subd. 2 for B-2, B-3, B-4
and I-1 zoning districts are per building occupant.
c. The wall sign area allowances as indicated in Section 1008.08, Subd. 2 for the R-3, R-4, PF
and CRP zoning districts are per building.
d. In the R-O and B-1 zoning districts, the area allowance, as indicated in Section 1008.08,
Subd. 2, reflects the combined area for all wall, ground and projection signage on that lot.
Subd. 3. Projection Signs: The following standards shall be maintained for all projection signs:
a. All portions of projection signs shall be designed for a wind pressure of not less than thirty (30) pounds per
square foot.
b. Such signs shall not project over public street right of way but may project over private sidewalks. No such sign
shall be less than twelve feet (12') above the level of the sidewalk; except that such signs which do not exceed four
(4) square feet and which do not project more than two feet (2') over the sidewalk may be eight feet (8') or more
above the sidewalk. No projection sign shall project more than eight feet (8') over any private sidewalk.
c. There shall be no more than two feet (2') of space between the inner edge of any such sign and the face of the
wall from which it projects, nor shall the outer edge of the sign be more than eight feet (8') from the face of the
wall.
d. The building or structure from which any such sign projects and all attachments or fastenings must be so
constructed as to safely resist the dead load and the wind load added by the attached sign.
e. All such signs shall be of noncombustible materials or of not less than one hour fire-resistive construction.
f. Such signs shall be securely fixed in place and shall not be able to swing or sway.
Ord. 679 Report
May 7, 2001
Page 27
Subd. 4. Temporary Signs: All temporary signs shall comply with the provisions of this Section. The following general
and specific standards shall be observed for all types of temporary and portable signs:
a. General Provisions:
(1) Except as provided herein, no temporary sign shall be located on any property in the City without first
obtaining a permit from the City. If the City determines to approve a permit for any such temporary sign it may
impose conditions upon the granting thereof, and it shall be unlawful to locate or maintain any such sign for a
longer period or in a different manner than that specified in the permit. No permit for a temporary sign shall be
issued if prohibited by other provisions of this Code.
(2) Temporary signs shall not be hung or installed so as to cover, either partially or completely, any door,
window or opening required for ventilation.
(3) No temporary sign for which a permit is required shall be located on any property in the City for more
than twenty-one (21) days at one time or for more than three (3) twenty-one (21) day periods in any calendar year.
Permit periods may run consecutively without interruption if so approved. Only one temporary sign shall be
allowed on a property at a time.
(4) The Director of Community Development may waive the permit fee for a temporary sign requested by
a charitable, municipal or religious institution or for other just cause.
b. Banners:
(1) Banners shall be strongly constructed and shall be securely attached to their supports. They shall be
repaired or removed (including all framework and supports) as soon as damaged or torn and immediately upon
expiration of the permit.
(2) Banners shall not exceed twenty percent (20%) of the surface area of the building face or front upon
which the banner is attached.
c. Beacons:
(1) Beacons and searchlights may be allowed on a restricted basis with a City permit, written permission
from the Metropolitan Airports Commission or other appropriate agency, and City Council authorization.
(2) No beacon or searchlight shall become a public nuisance or shall disturb the peace, safety, comfort and
well-being of motorists and residents.
d. Changeable Copy Signs:
(1) Portable and temporary changeable copy signs shall not exceed forty-eight (48) square feet on each
side and the entirety of the sign copy shall be maintained within the forty-eight square foot area.
(2) No part of such sign shall extend into or encroach onto public right of way.
(3) Such sign shall not obscure motorist or pedestrian vision and shall not block or otherwise interfere
with a public or private sidewalk or trailway.
(4) Such sign may be lighted provided said lighting is not a nuisance to motorists or to adjoining
properties. Flashing lights, strobe lights or lights which could be confused for that of an emergency vehicle shall be
prohibited.
Ord. 679 Report
May 7, 2001
Page 28
e. Inflatable Devices:
(1) Inflatable devices shall be securely tethered and attached to the ground or building.
(2) No such inflatable device shall extend more than thirty feet (30’) above the roof of the building to
which it is attached or adjacent.
(3) Balloons less than two feet in diameter are excluded from the permit provisions of this Section.
(4) No Mylar or metallic balloons shall be permitted to be displayed or flown outside
f. Flag or Pennant Stringers: Individual flags, streamers or pennants shall not exceed one square foot in area.
g. Grand Openings and Other Events: The City Council, at its discretion, may authorize approval of a
combination of temporary signs at one location for grand openings and other special events. No more than one
special event shall be allowed per business in a calendar year.
Subd. 5. Window Signs: In the interest of public safety, the City requires that commercial or retail businesses operating
within a zoned business district (B-x) shall adhere to and comply with the following regulations and
requirements governing signs placed upon window interiors.
a. No business shall obscure more than twenty-five percent (25%) of any window section or pane.
b. Such window signage shall not obscure or block from view that area of a window or door between four feet (4’)
and seven feet (7’) from the interior floor level, unless such area does not offer any visibility to interior public
space.
c. Window signs as allowed herein affixed or adhered within the building interior shall be exempt from any permit
requirements.
d. A temporary sign permit shall be required of any window sign affixed to the exterior of any window surface.
Such sign shall otherwise comply with the requirements of this subdivision.
Subd. 6. Billboards: A permit shall not be issued for any new billboard unless it complies with the following interim use
requirements, pursuant to Minnesota Statutes, section 462.3597: (Ord. 644, 12-13-99; Ord. 656, 3-27-00)
a. Interim Use Permit: An interim use permit (IUP) must be obtained in accordance with procedures identical in
form and substance to the conditional use permit procedures found in Section 1125.01, subdivision 3 of the
Mounds View Municipal Code. Any interim use permit issued for an interim use billboard shall automatically
expire no later than July 1, 2015 or when the lease agreement for the billboard expires whichever date is earlier.
Such IUP shall be null-and-void if the applicant fails to obtain any required permit from the State of Minnesota.
(Ord. 644, 12-13-99; Ord. 656, 3-27-00)
b. Location: The billboard must be located along and north of State Highway 10 (old 118). The applicant must
have an approved lease agreement with the property owner. The billboard shall be oriented towards State Highway
10 (old 118) and/or I35W. Billboards must be located at least two hundred fifty feet (250') from residentially
zoned property. Billboards may be located adjacent to the right-of-way of a street or highway, but no part thereof
shall extend over such right-of-way. (Ord. 644, 12-13-99)
c. Minimum Spacing: Billboards must be at least one thousand feet (1,000') apart. Spacing between signs shall be
measured by projecting the nearest points of the signs to the property line of the right-of-way from which they are
Ord. 679 Report
May 7, 2001
Page 29
intended to be read and measuring the distance in a straight line between the projected points. Required spacing
shall apply only to billboards on the same side of the same roadway. (Ord. 644, 12-13-99)
d. Maximum Sign Area: The maximum gross surface display area of the sign cannot exceed seven hundred (700)
square feet per side except that any rectangular billboard may contain temporary extensions, cutouts, or top
lettering which occupy a total area not in excess of twenty-five percent (25%) of the area of the basic billboard and
form an integral part of the design thereof. No such temporary extension, cut out, or top lettering may project more
than six feet (6') from the top, eighteen inches (18") from either side or fifteen inches (15") from the bottom of the
basic rectangular advertising message. The area of an extension, cutout, or top lettering shall be deemed to be the
area of the smallest rectangle into which such extension, cutout, or top lettering will fit. (Ord. 644, 12-13-99)
e. Orientation of Sign Faces: Billboards may have no more than two (2) sign faces. Sign faces must be back-to-
back with sign faces parallel or angled. All billboards with their faces back-to-back and parallel shall have no
greater distance than eight feet (8') between the faces. All billboards with faces at an angle shall have no greater
angle than thirty-five degrees (35°). (Ord. 644, 12-13-99)
f. Maximum Sign Height: The maximum allowable height of billboards shall be thirty-five feet (35'). The height
shall be measured from the grade at the base of the sign or from the surface of the roadway whichever is higher.
(Ord. 644, 12-13-99)
g. Obstruction: No billboard may be located in such a manner as to obscure or otherwise interfere with the
effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with a driver's view of approaching,
merging, or intersecting traffic. (Ord. 644, 12-13-99)
h. Existing Billboards: Any billboard legally existing as of December 13, 1999, may continue to be maintained in
its present form and size but shall not be expanded. This does not preclude the periodic changing of the message or
advertisement presented on the billboard. (Ord. 644, 12-13-99)
i. Destruction. Any billboard destroyed by an act of nature shall be allowed to be rebuilt provided said billboard
complies with or is capable of complying with all requirements of this subdivision. Nonconforming billboards shall
not be allowed to be rebuilt. (Ord. 644, 12-13-99)
Subd. 7. Campaign Signs: Subject to Minnesota Statutes, the following regulations shall apply to all campaign signs for
political candidates or issues:
a. No more than one sign shall be erected per candidate or issue along each street frontage of any parcel of land.
Campaign signs shall not be allowed on public property.
b. Campaign signs shall not exceed twelve (12) square feet and not exceed four feet (4') in height above the
ground; except, where such signs are located no closer than one hundred fifty feet (150') to the property line of a
residential dwelling, the maximum size shall be thirty two (32) square feet, and the maximum height above the
ground shall be six feet (6').
c. Campaign signs may be displayed from the last day of candidacy filing or thirty (30) days before an election,
whichever is earlier.
d. All campaign signs must be removed no later than five (5) days after an election; except, that after a primary
election, signs for the winning primary candidates need not be removed until after the ensuing general election.
(1988 Code §39.14; 1993 Code)
Subd. 8. Home Occupation Signs. In the R-1, R-2 and R-5 residential zoning districts, a sign not to exceed one (1) square
foot is allowed to be displayed provided such sign is attached to the house or garage of the property on which the
home occupation takes place.
Ord. 679 Report
May 7, 2001
Page 30
1008.11 MISCELLANEOUS SIGNAGE REQUIREMENTS AND PROVISIONS
Subd. 1. Signage Allowances for Specific Land Uses: Public or semi public recreational buildings
and neighborhood and community centers; public and private education institutions limited to
elementary, middle and senior high schools; religious institutions, such as churches, chapels,
temples, synagogues; nursing homes, senior assisted living facilities and commercial day care
facilities; may be allowed the following signage:
a. Wall signage not to exceed 100 square feet per principal building.
b. Ground signage not to exceed 100 square feet, subject to Section 1008.10, Subd. 1e.
Subd. 2. Traffic-Control Related Sign Regulations: Compliance with the following regulations relative to traffic control is
required:
a. No animated or moving sign shall be located or maintained within fifty feet (50') of an
intersection at which traffic semaphores are located.
b. No sign shall be designed, located or maintained so as to be likely to obscure or conceal or cause confusion as to
any traffic-control sign or device.
c. No sign shall be located or maintained on or over any public street or highway right of way unless specifically
permitted herein.
d. There shall be no use of revolving beacons, zip flashers, flashing signs or similar devices that would distract
automobile traffic so as to constitute a safety hazard.
e. The sign shall be located or maintained so as not to interfere with the ability of drivers or pedestrians to see any
crossroad or crosswalk1. (1988 Code §39.13)
Subd. 3. Garage Sale, Estate Sale and Open House Signs: Garage sale, estate sale and open house signs and similar signs
may be allowed to be located within a public right of way provided:
a. The duration of the display of such sign shall not exceed three days.
b. No part of such sign shall extend within five feet (5’) of a traveled roadway.
c. Such sign shall relate to or direct people to a residential property within the City.
d. Such sign shall not exceed four (4) square feet in area and shall not obscure pedestrian or vehicle visibility or
any traffic control sign or violate any other provision of this Code, specifically Subd. 2 hereof.
Subd. 4. Area Identification Signs: The City Council at its discretion may allow for the placement of an Area Identification
Sign to define a neighborhood, community, development, subdivision or multi-family complex and may require
that:
1 See also Section 60.03 Subd. 3 of this Code regarding public nuisances affecting peace and safety.
Ord. 679 Report
May 7, 2001
Page 31
a. The applicant is a duly noted representative of the appropriate group or organization.
b. The land upon which the sign is located has been dedicated for such a use by easement, plat or other legal and
recordable instrument unless such sign would otherwise be permitted herein.
c. A maintenance agreement be recorded which among other things would provide for the long term
responsibility, care and maintenance of such sign.
Subd. 5. Off-Site Directional Signs: Off-Site Directional signs may be permitted within a public right of way subject to
approval of the City, written approval of the appropriate governmental agency having jurisdiction over the
roadway (if not the City) and the written approval of the owner of the property to which the sign may be
adjacent, if applicable.
1008.12: PROHIBITED SIGNS: The following signs and sign types are prohibited in the City of Mounds View:
Subd. 1. Flashing signs, as defined herein.
Subd. 2. Signs, or lights attached to signs, which mimic or have an appearance similar to those on an emergency vehicle or a
traffic control light.
Subd. 3. Roof signs, unless integrally incorporated into the roof design, then such sign shall be considered a wall sign. Roof
signs in existence as of the date of enactment of this Code revision may be allowed to continue and may be repaired
or maintained as needed, but may not be replaced except by variance.
Subd. 4. Temporary or permanent advertising signs posted within public right of ways, excluding directional signs and signs
expressly allowed herein and by other governmental agencies.
Subd. 5. Vehicles used as Signs. Vehicles or trailers that display advertising and are parked in such a way as to attract
public attention shall be prohibited, except for signs on vehicles or trailers which are magnetic, decals or permanently
painted upon the surface of the vehicle without obscuring any vehicle window area. Such sign shall not alter the
profile or silhouette of the vehicle.
Subd. 6. Nuisance Signs. Any sign considered a nuisance as defined herein shall be prohibited. The property owner of the
land upon which the sign is located or the owner of the sign shall act to remove the sign or bring the sign into
compliance upon notification of the City inspector.
1008.13 NONCONFORMING SIGNS: Any sign legally existing at the time of the passage of this ordinance that does not
conform in use, location, height or size with the regulations of the zone in which such sign is located shall be considered a
legal nonconforming use or structure and may continue in such status until such time as it is either abandoned or removed by
its owner, subject to the following limitations:
Subd. 1. Structural alterations, enlargement or re-erection are permissible only where such alterations
would not increase the degree of the nonconformity of the sign.
Subd. 2. Any legal, nonconforming sign shall be removed or rebuilt without increasing the extent of the sign’s
nonconformity if it is damaged.
Subd. 3. Any legal, nonconforming sign shall be removed if allowed to deteriorate to the extent that the cost of repair or
restoration exceeds fifty percent (50%) of the replacement cost of the sign as determined by the City’s Building
Official.
Ord. 679 Report
May 7, 2001
Page 32
1008.14 1008.09: ABROGATION AND GREATER RESTRICTION: Where the conditions imposed by any provisions
of this Chapter are either more or less than comparable conditions imposed by any other code, rule or regulation of the City,
the code, rule or regulation which imposes the more restrictive condition, standard or requirement shall prevail. (1988 Code
§39.14)
1008.15 1008.10: VIOLATION OF PROVISIONS: Any person found violating any of the provisions of this Chapter
shall be guilty of a misdemeanor. (1988 Code §39.15)
1008.16 1008.11: SIGN VARIANCES:
Subd. 1. A variance to the provisions of Section 1008 may be considered by the Board of Adjustment and Appeals to
provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the
property owner. Applications shall be submitted and reviewed in the same manner as indicated in Chapter 1125 of
the Mounds View Zoning Code. (Ord. 644, 12-13-99)
a. Exceptional or extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity and result from lot size or shape,
topography or other circumstances over which the owners of the property since the effective
date hereof had no control.
b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed
by other properties in the same district under the terms of this Title.
c. That the special conditions or circumstances do not result from the actions of the applicant.
d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this
Title to owners of other lands, structures or buildings in the same district.
e. That the variance requested is the minimum variance which would alleviate the hardship.
f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same
zone.
g. Circumstances under which the literal interpretation of the provisions of this Title create an undue hardship on
the applicant. Economic hardships may be a circumstance for issuance of a variance. (Ord. 585, 7-15-96)
Subd. 2. Variance Requests; Fees: All requests shall be made in writing on the form provided by the City and the request
shall include the fee specified in the City's Fee Charges. All information required when applying for a sign permit,
as outlined in Section 1008.03, shall be required before the request for a variance is considered. (Ord. 585, 7-15-
96)
[The remainder of this page left intentionally blank.]
Ord. 679 Report
May 7, 2001
Page 33
SECTION 2: This Ordinance goes into effect thirty (30) days after its publication in the official City
newspaper.
First read by the City Council of the City of Mounds View on this 14th th day of May, 2001.
Read and passed by the City Council of the City of Mounds View on this 28th day of may, 2001.
Richard Sonterre, Mayor
ATTEST:
Kathleen Miller, City Clerk / Administrator
(SEAL)
APPROVED AS TO FORM:
_______________________________
Scott Riggs, City Attorney
Motion: _________
Second: _________
Sonterre:
Stigney:
Quick:
Marty:
Thomas:
N:\DATA\GROUPS\COMDEV\Special Cases\Sp082-00 (Sign Code)\Ordinance 679.doc
Item No. 8
Meeting Date: May 7 th, 2001
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; EDA: EDA Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Aaron Parrish, Economic Development Coordinator
Item Title/Subject: Discussion Regarding Redevelopment Priorities and
Redevelopment Tools
Date of Report: April 30, 2001
Background
As the Economic Development Authority is aware, a variety of potential redevelopment
opportunities exist within Mounds View. As the community becomes fully developed the
need for redevelopment becomes more apparent. Per EDA direction, the Economic
Development Commission evaluated and prioritized six redevelopment
opportunities/priorities. In addition to prioritizing specific sites/areas for redevelopment, the
EDC also analyzed the tools necessary to effectuate redevelopment.
Redevelopment Priorities in Mounds View
While a myriad of opportunities exist for redevelopment, six were presented for the
Commission’s consideration and prioritization. The redevelopment opportunities
considered by the EDC included the following:
• Herbst and Pettibone Properties • Skyline Motel
• Everest County Highway 10 Properties • Groveland and County Highway 10
• Network Liquors • Silver Lake Road and County Highway
10
It must be noted that the aforementioned redevelopment opportunities are conceptual at
this point. Additional deliberation, circumstance, and project areas will be considered as
potential projects are further refined. A brief profile of each redevelopment opportunity has
been included for your reference as “Attachment A.” A map highlighting the general
location of each of the above has been included for your reference as “Attachment B.”
Based on data provided, subjective impressions, and potential feasibility, the members of
the EDC ranked the six redevelopment opportunities utilizing a weighted point system.
With one being the highest priority and six being the lowest, the redevelopment priorities
were articulated in the following manner:
1. Everest County Highway 10 Properties (30 points)
2. Silver Lake Road and County Highway 10 Properties (25 points)
3. Skyline Hotel (20 points)
4. Groveland Road and County Highway 10 (20 points)
5. Network Liquors Property (20 points)
6. Herbst and Pettibone Properties (11 points)
Please note that numbers 3, 4, and 5 tied with the same number of points. Accordingly,
the priority ranking for these project areas were assigned administratively.
Tools to Effectuate Redevelopment
In the past, Mounds View has been reactive in the area of redevelopment. However, as
the City continues to age, it will be necessary to become more aggressive in order to
maintain and enhance current community character. Accordingly, from a policy
perspective it is necessary to consider using tools that the City has not traditionally utilized.
These tools primarily relate to land acquisition and project finance.
Land Acquisition
When considering redevelopment, there are two primary policy issues relating to land
acquisition. First, a policy perspective regarding the assembly of land to be sold to a
developer needs to be defined. Since redevelopment often involves assembling adjacent
parcels with existing structures, it is often not financially feasible for a developer to
assemble all the necessary land. As a result, developers often rely upon cities to assemble
and acquire land that is later resold at market rates. Expenses associated with the land
assembly are then recuperated through the sale of the land to the developer and the future
tax base associated with the new development if the property is within a TIF district.
Related to the issue of land assembly is the use of eminent domain. While this has been
discussed at the Council level, it would be seemingly be appropriate to further articulate
policy in relative to the use of eminent domain. This is particularly important given current
City initiatives such as the County Highway 10 Corridor Reconstruction and Revitalization
study.
In some instances, particularly when there is an unwilling and/or unreasonable seller, it
may be necessary to use the City’s power of eminent domain to acquire property. Eminent
domain essentially allows a unit of government to acquire property for a specified public
purpose such as redevelopment, infrastructure improvements and so forth. In addition to
the price of the property, the property owner is compensated with relocation benefits.
Aside from any regulatory control the City has over property and development, being an
active participant in land acquisition enables the City to further influence the quality of
redevelopment that would occur.
The use, or potential use of eminent domain, is vital to accomplishing redevelopment
objectives. Based on discussions with other cities, eminent domain is not commonly used
for most property acquisitions. Rather, it is only used when the municipality and property
cannot come to mutually agreeable terms based on independent appraisals. Of course,
this is a tool that must be used judiciously, on a case-by-case basis, and only when
absolutely necessary. Unfortunately, it is also a tool that some local units of government
have used inappropriately. Nonetheless, it is intrical to accomplishing redevelopment and
revitalization objectives.
Project Finance
Based on our existing TIF districts, redevelopment can primarily be funded in two ways.
First, pooled funds can be utilized. As the Council is aware, pooled funds are available
after all other obligations are satisfied. Currently, our pooled funds are limited, but should
increase once bond obligations are satisfied in 2003 and 2004. Current changes to the
property tax system being considered by the Legislature could also have a substantive
impact in the amount of pooled funds that are available.
Second, the EDA could issue a bond to finance the costs of land assembly. When issuing
a bond for land assembly, as is the case on most redevelopment projects, the bond would
be repaid through increased property taxes associated with the project, the proceeds of the
land sale, and pooled increment as necessary. While the City has issued bonds in the
past, it has not recently done so. It is also possible to do an interfund loan that would be
repaid by future increments with interest.
Finally, and additional consideration relative to project finance is the remaining life of the
City’s three current redevelopment districts. These districts are set to decertify in 2013,
2014, and 2015. Accordingly, the capacity to generate revenue within existing districts
decreases each year.
Policy Discussion
Redevelopment Priorities
1. Are the redevelopment priorities representative of the Council’s perspective?
Land Assembly
1. Is the Council comfortable acquiring land to be resold for redevelopment purposes?
Use of Eminent Domain
1. In general terms, what instances would the Council be comfortable using eminent
domain for redevelopment purposes?
Uncomfortable
in all instances
Comfortable on a case by case basis possibly including the
following:
• Acquisition of blighted property
• To acquire a property necessary for a significant
redevelopment to proceed when a seller may be unwilling or
have unrealistic expectations.
Attract Best Buy
from the City of
Richfield
2. In general terms, what instances would the Council be comfortable using eminent
domain for infrastructure development purposes?
Project Finance
1. Realizing that project finance is typically handled on a case-by-case basis, what
is Council’s perspective related to the issuance of bonds to finance project costs
such as land acquisition?
Necessary Actions
1. Provide policy direction in the area of redevelopment priorities, land acquisition, and
project finance.
______________________________________
Aaron Parrish, Economic Development Coordinator
(763) 717-4029
Attachment #1: Redevelopment Priority Profiles
Attachment #2: Overview of Redevelopment Priorities
Uncomfortable
in all instances
Comfortable in
all instances
Comfortable in
limited
circumstances
including road
reconstruction and
sewer and water.
Comfortable in most
instances including
road reconstruction,
sewer and water, trail
development, and
storm water ponding
Item No: 9
Meeting Date: May 7, 2001
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: James Ericson, Community Development Director
Item Title/Subject: Discussion Regarding Proposed Minor Subdivision of 8360
Pleasant View Drive and 8360 Spring Lake Road and
Vacation of Unused Pleasant View Drive Right of Way
Easement
Date of Report: May 2, 2001
Background:
Steven Redfield, representing property owners Michael and Patricia Robinson of 8360 Pleasant
View Drive and Pierre and Mary Dumas of 8360 Spring Lake Road, is requesting approval of a
minor subdivision to split off the rear 135 of the Dumas property and combine it with a vacated
part of Pleasant View Drive owned by the Robinsons to create a 18,236 square-foot buildable lot
fronting Pleasant View Drive. (Minor subdivisions are those divisions of land less than two acres
in size in which only one additional lot is created.)
The area of the proposed subdivision is zoned R-1, Single-Family Residential. The minimum lot
size in this district is 11,000 square feet for an interior lot and 12,500 square feet for a corner lot.
The proposed lot would not be located on a corner. The comprehensive plan designates this area as
“single-family detached” and the surrounding lots are improved with single-family dwellings. The
applicant has submitted a certificate of survey date-stamped April 4, 2001 which describes the
proposed subdivision. Ramsey County has indicated that a Registered Land Survey would be
required due to the relative complexity of the subdivision and combination. Other than the maps
which were produced by staff, Council will not receive a copy of the certificate of survey or
registered land survey until your May 14th meeting.
Planning Commission:
The Planning Commission discussed this request at their meeting on April 18, 2001 and approved
a resolution on May 2, 2001 recommending City Council approval of the subdivision and vacation.
Discussion:
The proposed lot would conform to all zoning code requirements and would be considered a
buildable parcel. The two remaining lots, even after the subdivisions, will exceed 28,000 square
feet, more than double the minimum allowed. Both remaining lots would comply with the
minimum front and rear setbacks of thirty feet. The new lot is shown to include front, rear and side
utility and drainage easements as is typically required in any subdivision. A separate easement
Minor Subdivision Report
May 7, 2001
Page 2
document will need to be recorded to actually dedicate the easements to the City.
Staff has forwarded the Certificate of Survey to the City’s Engineering Technician as well as to the
Director of Public Works. Other than dedication of the perimeter utility easements, the certificate
of survey is in proper form. The City Attorney will review the registered land survey and any
documentation needed to record the subdivision with Ramsey County. The subdivision would be
consistent with previous subdivisions in this area.
This subdivision, as will any subdivision of land, is subject to a park dedication fee requirement.
The City’s Subdivision Regulations require that a park dedication fee be paid which is equal to five
percent (5%) of the assessed value of the subdivided land, less that area already improved with
single family homes. In this case, the fee would apply to the 18,236 square feet of land. The
averaged assessed land values for the lots are 87 cents per square foot, which would translate into a
value of $15,875. The appropriate fee is $794.00
This item has been scheduled for a public hearing on May 14, 2001 for the vacation, which will
require adoption of an ordinance. The minor subdivision can be approved on May 14 subject to
receiving the registered land survey, easement document and park dedication fee.
Recommendation:
No action is requested for this worksession meeting. Because of the vacation component, staff felt
it would be a benefit to discuss the request in a less formal setting. Please call me with any
specific questions you may have.
_____________________________________
James Ericson
Community Development Director
763-171-4021
N:\DATA\GROUPS\COMDEV\Development Cases\MI01-001, VA01-001 (Redfield)\CC Report - May 7, 2001.doc
Item No. 11
Staff Report No.
Meeting Date: May 7,2001
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and members of the City Council
From: Bruce A. Kessel, Finance Director
Item Title/Subject: Proposed budget calendar
Date of Report: August 29, 2018
Summary:
It is my understanding that the Council requested information relating to the cost of salary
increases for the 2002 budget. A preliminary indication is that in the General Fund, with a 4%
salary increase (granted to the 3 collective bargaining units for 2002), a 15% increase in
insurance costs over the amounts in the 2001 budget and minor adjustments to reflect changes as
individuals move up the payroll step progression, would cost approximately $85,000. With no
other changes, this would result in a 4% increase in the levy (coincidence that COLA increase
and levy increase are the same).
The state has several fixed dates that can not be modified. They are: a preliminary budget and
levy has to be adopted by September 15th, and a Truth In Taxation meeting and budget adoption
in late November thru December 20th. Please bring your calendar to the May 7th work session to
schedule meetings for budget discussions. Also, if the Council wishes to provide any guidelines
relating to the budget or levy prior to departments preparing their budget requests, this should
also be provided as soon as possible.
Information previously distributed:
I. Budget requirements.
The City’s Charter and Code, as well as State Statutes set forth various requirements for
considering and adopting the City’s budget. The following is a summary of those requirements:
City Charter: Section 7.06, Subdivision 1. ΑThe budget shall be considered at the first regular
monthly meeting of the Council in September and at subsequent meetings ... The Council shall
adopt the budget by resolution ...≅ Subdivision 2. ΑAt least two weeks before the budget is
adopted for the ensuring fiscal year, a summary shall be given in the City Newsletter, in draft
form ...≅
Section 7.04. ΑThe City Clerk-Administrator shall submit to the Council the budget estimates
with a budget calendar to be established by resolution ...≅
Section 7.05. Α... The City Council shall hold a public hearing on the long-term financial plan
and adopt it by ordinance ...≅
State Statutes. On or before September 15, Cities need to establish a maximum levy and set the
dates for a public hearing on the proposed budget and levy for the subsequent year. Budget
City of Mounds View Staff Report
August 29, 2018
Page 2
hearings need to be held between November 29 And December 20. Cities can not select dates
until such time as the County and School District have selected theirs to insure that there are not
duplicate budget meetings on the same date.
II. Proposed budget calendar.
By September 15th, a preliminary budget and property tax levy will need to be approved. Since
September 10th is a regularly scheduled City Council meeting, it is recommended to be done at
this meeting.
Staff will need guidance to complete a preliminary budget, including such items as a range of
options for property tax levies, overall budget increase, salary adjustments for non-union
employees, etc. For 2002, the state has not yet imposed levy limits; a 1% increase in the levy will
raise an additional $20,980. Salary increases granted to employees covered by collective
bargaining agreement is 4% for 2002. It is anticipated that medical insurance rates will increase
10 to 20%; rates for the May 2001 thru April 2002 will be known within the next several weeks.
September 3rd is the Labor Day Holiday so there will not be the regularly scheduled work
session on that date. Council will need to determine the number and timing of work sessions
relating to arriving at a preliminary budget prior to a September 10th through 15th adoption.
After the preliminary budget and levy is adopted, Council and staff can have additional meetings
to discuss the 2002 budget. Historically, the City has conducted a public hearing on the budget
prior to the required truth in taxation meeting. If the City continues with this tradition, it should
be conducted at least two weeks prior to the required Truth in Taxation hearing. Opions for such
a meeting could be November 5th or 19th. November 12th is a City holiday. The City has also
historically included a condensed budget summary in Mounds View Matters prior this meeting.
Due to the time required to prepare the information, send it to a printer, have the information
printed and distributed, and allow residents at least several days to review prior to the meeting,
the budget should be finalized for the public hearing by October 8th to 22nd, depending upon the
subsequent dates selected.
The required Truth In Taxation hearing has to be held between November 29th and December
20th. School Districts and the County have priority for setting the dates for their meetings, so
there are several dates that are not available. Preliminary information indicates that we could
hold our hearing on either December 3rd or 10th. If the 3rd was selected, we could then select a
continuation hearing (if needed), and adoption hearing at the Council meeting on the 10th,
otherwise, a special Council meeting would need to be held to adopt the budget and levy.
The following is a proposed budget calendar. As we progress in the budget review process,
additional dates can be added as needed.
Proposed budget calendar
? City Council provides general guidelines for 2002 budget.
? City Council adopts resolution establishing a budget calendar.
? Departments submit proposed 2002 budget & LTFP to Finance.
? Staff review budgets & LTFP.
? Dept heads review budgets & LTFP.
? Council review of budget and LTFP:
September 10 Council adopts preliminary budget and maximum levy.
Sept 17 - Oct 15 Additional meetings as needed.
November 3 City distributes budget newsletter.
November 19 Council holds informational meeting on the 2002 budget & LTFP.
December 3 Truth in taxation hearing
December 10 Continuation hearing and adoption of 2002 budget, tax levy
and LTFP
3/18/01 1
Staff Report
Date: 3/18/01
To: Kathleen Miller
Cc: City Council
From: John Hammerschmidt
RE: Internet-electronic Tee sheet
When the electronic tee sheet-internet –web page proposal was brought to the Council in February, my
intent was to see if it was OK to take an operational item that was not identified on a budgeted line item,
and substitute it for an already budgeted item. The capital budget is$84,000 and because of not
knowing when we could get on the cities network no line items were included for the internet and tee
sheet improvements. The intent was not to have the council make a decision on the system itself. I
believe that decision is both an operational item and as the person you have hired to be your marketing
and operational expert I am recommending that we need to go in this direction. I have spent hundreds
of hours of research, attended several all day seminars, (tapes are available in council office) and
consulted many times with our experts on how to make this work.
I apologize if this was not presented properly to the Council. We are undergoing a transition at staff
level where we were instructed to do and bring certain things to council and now have different criteria
for the same process. Hopefully this can be talked about at our retreat in April. There was no plan or
attempt to take up much of your time with this item. Since it has been brought up and questions have
been asked I will attempt to answer them in the rest of this report.
1) Why do we need this system?
It is a continuation of our marketing strategy that has been in place with great success for the last
five years. It allows us to provide better customer service and gives us more tools to keep this golf
course full and competitive.
2) You told us that you are full and basically do not have room for more golfers. So why spend money
to bring in more golfers?
It is true that most of our times on weekends are sold out several days in advance and that
leagues take up most of the weekday times. It is also true that we do almost 10,000 more rounds
than ever projected. There are empty days in the fall after leagues are over and in the spring before
leagues start that we could market much better with this system. We can also market specific
blocks of tee times on any given day when maybe the weather or a fishing opener has given us a
less than full day. I would estimate we can pick up at least 1500 rounds of golf by using this
system.
Staff Report: Internet-electronic Tee sheet
3/18/01 2
3) Who else is using this system?
Everybody and nobody. Most golf courses are paying a monthly charge and a user fee to have
their customers use their system that is kept by an outside vendor. The systems in existence have
two major problems. First, they are very user-unfriendly and that defeats the customer service
angle and the purpose of getting many people to participate. Second, the .com companies hosting
all these tee sheets have been changing and consolidating almost monthly, which just disrupts
both an operation and any customer loyalty. Here is a list of web pages I have looked at so you can
maybe see what we are shooting for. Thebridges.com, deerrungolf.com,
boslanden.com
4) Besides the customer service benefits could you list the money that could be expected to made or
saved from this type of system.
We currently spend over $5,000 a year in mailing out info to our customers. It would be
foreseeable to cut 70% of this amount over a three-year period. If the web site draws much
attention we will be able to sell advertising on the site. A conservative estimate for advertising
would be $2,000 a year after running for a year. The ability to market slow days or blocks of tee
times which would result in an estimated 1500 additional rounds would bring in at least $15,000.
The shopping cart feature which several of you did not like would once again enhance the entire
site and would bring in $3,000 to $4,000 a year. This would pay for the capital cost of the shopping
cart and allow us to market and increase our gift certificates and hard goods.
5) What are the security aspects? What does the Chief think about this plan?
We can place cameras in the clubhouse for both security and safety as well as strategically place
cameras around the outside locations that would pick up after hours activity. These cameras can
be monitored by anyone with network access at any hour of the night. These cameras can also
function as an alarm system so that if activity is taking place they download to a beeper or signal a
phone. At worse case the cameras offer safety because of the recording capability.
The Chief approves of the increased security. The laptops and metrocom system that was to be
made available to the officers is still 6 to 12 months off but will enhance the coverage of the golf
course security by both his staff and mine.
6) Where is the money coming from ? Where was the money going to before?
The Capital expense budget for the golf course in 2001 is $84,000. The money would be allocated
out of those funds. Several line item projects can accommodate this expense. We can wait if we
have to for one year to carpet clubhouse. We can put most of security upgrades into this system.
We can take money out of advertising to help pay and since it looks like we are going to sign the
billboard lease, $12,000 is designated for advertising the next five years.
If there are any other questions you want answered in regards to this project please feel free to contact
me as soon as possible. We are gearing up to start the season and I would like just a yes/no decision as
soon as you can. If we are to do this I will have to budget huge amounts of time to pull this off before our
season starts.
Thank you
Staff Report: Internet-electronic Tee sheet
3/18/01 3
Staff Report: Internet-electronic Tee sheet
3/18/01 4
AGREEMENT FOR SERVICES
THIS AGREEMENT, made and entered into by and between Esultants Web Services, State Of
Minnesota, hereinafter referred to as "ESULTANTS”, located at 2331 University Avenue SE, Suite 121,
Minneapolis, Minnesota 55414, and City of Mounds View, 2401 Highway 10, Mounds View, Minnesota
55112, hereinafter referred to as the “CITY”
“ESULTANTS” and the “CITY” agree as follows:
1.Services To Be Provided.
a. Phase one; Set-up an Internet 22 page web site for “City” and Transfer, secure, set-up
and program domain name www.thebridgesgolfcourse.com. on Esultants web servers.
b. Phase Two; Set-up an on-line Electronic Tee Sheet.
c. Phase Four; Set-up an E-commerce, Shopping Cart and database feature. The attached
proposal of Esultants Web Services as set forth in Exhibit A, is hereby incorporated into this
Agreement.
2.Hosting and Maintenance. Host and maintain web site for 36 Months. Maintenance includes 25 minor
text changes or updates to website monthly.
3.Effective Date. This agreement shall be effective March 9, 2001 and shall continue to March 1,
2004.
4.Payment For Services. Payment for services shall be made directly to Esultants Web Services. At the
start of the project half of the initial project price is due in the amount of ($5,170.00), upon completion
of the services performed the balance of ($5,170.00) shall be made within thirty (30) days after receipt
of the invoice. The cost of this Agreement includes Phase 1, Phase 2, and Phase 4 of the attached
proposal of Esultants Web Services as set forth in Exhibit A, is hereby incorporated into this
Agreement and shall not exceed a total amount of (Ten-thousand three hundred and forty dollars)
$10,340.00.
5.Independent Contractor Status. All services provided by Esultants, Esultants officers, agents, and
employees pursuant to this Agreement shall be provided by such persons as an independent
contractor and not as an employee of the city for any purpose, included but not limited to:
a. Income tax withholding;
b. Worker’s compensation;
c. Unemployment compensation;
d. FICA taxes;
e. Liability for torts; and
f. Eligibility for employment benefits
6.Non-Discrimination Policy. In accordance with ESULTANT’S policies against discrimination, no person
shall be excluded from full employment rights or participation in or the benefits of any program,
service, or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status,
sexual orientation, public assistance status, or national origin; and no person who is protected by
applicable Federal or State laws, rules, or regulations against discrimination shall be otherwise
subjected to discrimination.
7.Audit Compliance. Pursuant to Minn. Stat. 16B.06, subd. 4 the books, records, documents and
accounting procedures and practices of Esultants, with regard to the Agreement, are subject to
examination by the City, and either the legislative auditor or the state auditor as appropriate.
8.Assignment. The rights and obligations of the parties pursuant to this Agreement are not to be
assigned absent the written consent of the parties to this Agreement.
Staff Report: Internet-electronic Tee sheet
3/18/01 5
9.Data Practices Act Compliance. Data provided to Esultants or compiled by Esultants under this
Agreement shall be administered in accordance with Minnesota Statutes, Chapter 13, and all data on
individuals shall be maintained in accordance with statutory guidelines.
10.Hold Harmless; Indemnification. Esultants shall defend, indemnify and hold harmless the City, its
elected officials, officers, employees, agents and representatives, from and against any and all
claims, costs, losses, expenses, demands, actions or causes of action, including reasonable
attorney’s fees and other costs and expenses of litigation which may arise out of this Agreement for
services provided by Esultants hereunder. Nothing in this paragraph shall be deemed to be a waiver
by the City of any limitations on or immunities from liability set forth in Minnesota Statutes, Chapter
466, or otherwise.
Esultants shall indemnify, defend and hold City harmless from any claims, demands,
liabilities or expenses, including reasonable attorney’s fees, directly resulting from any
infringement or violation of any copyright with respect to the software utilized for the
design, implementation and products of the website to be produced pursuant to this
Agreement, as so awarded against the City by a court of competent jurisdiction, and
provided City is not in breach of this Agreement. Following a decision by a court of
competent jurisdiction that the design, implementation or products of the web site
contemplated by this Agreement infringes on any third party’s copyright, Esultants
shall, in its sole discretion.
a. procure for City the right to continue to use the web site as contemplated by this
Agreement;
b. provide City with a non-infringing version of the designed web site with substantially similar
functionality.
11.Termination. This Agreement shall continue in effect until its termination or renegotiation as provided
herein. Either party hereto may otherwise terminate this Agreement by providing thirty (30) days
written notice of its intent to so terminate to the other party. This Agreement may be renegotiated or
otherwise amended at any time by mutual written agreement of the parties.
13.Work Products. All records, information, materials and other work products prepared and developed
in connection with the provision of services hereunder shall become the exclusive and confidential
property of City. Esultants shall make no such products available to any other individual or
organization without prior approval of City. The City shall retain a sole ownership interest and right of
transferability of the web site content, design and the domain name of
www.thebridgesgolfcourse.com.
14.Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed
by the parties shall constitute the entire agreement between City and Esultants, and supersedes any
other written or oral agreements between City and Esultants. This Agreement can only be modified
in writing signed by City and Esultants.
15.Execution in Counterparts. This Agreement may be executed in counterparts by the
parties hereto.
16.No Third Party Rights. Nothing in this Agreement shall be construed to create any right in any person
or entity not a party hereto.
17.No Joint Venture or Partnership Created. This Agreement shall not be construed to create a joint
venture or partnership between the parties hereto.
Staff Report: Internet-electronic Tee sheet
3/18/01 6
18.Chioce of Law and Venue. This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this
Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
19.Severabilty and Waiver. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or
enforceability of any other part or provision of this Agreement. No waiver by any party of any breach
of any provisions herein shall constitute a waiver unless made in writing signed by the party.
CITY having signed this contract, and ESULTANTS having duly approved this contract on
March 9, 2001, and pursuant to such approval, the proper ESULTANTS official having signed this
contract, the parties hereto agree to be bound by the provisions herein set forth.
ESULTANTS WEB SERVICES OF HENNEPIN COUNTY,
STATE OF MINNESOTA
Dated: March 9, 2001
By:
Jeffrey L. Schissler
Title: President / Owner
CITY OF MOUNDS VIEW,
STATE OF MINNESOTA
Dated:
By:
Title: Mayor
CITY OF MOUNDS VIEW,
STATE OF MINNESOTA
Dated:
By:
Staff Report: Internet-electronic Tee sheet
3/18/01 7
Title: Clerk-Administrator