HomeMy WebLinkAbout01-26-2012 Agenda and Packet
PARKS AND RECREATION AND FORESTRY COMMISSION
6:30 P.M. | JANUARY 26, 2012 | MOUNDS VIEW CITY HALL
MEETING AGENDA
1. CALL TO ORDER
2. ROLL CALL: Commissioners: Kunz, Palm, Kroeger, Arel, Long, Aukee, Peterson
Staff: Dazenski, DeBar | YMCA: Danielson
3. SPECIAL ORDER OF BUSINESS
A. Oath of Office for Commission Members (Arel, Aukee, Long)
4. APPROVAL OF AGENDA
5. APPROVAL OF MINUTES
A. December 15, 2011 Meeting Minutes
6. PUBLIC INPUT
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full
name and address. Please limit your comments to three minutes.
7. YMCA REPORT
8. UNFINISHED BUSINESS
A. Discuss Trailway and Sidewalk System
B. Discuss Ice Hockey and Skating Rink Improvements at Hillview Park
9. NEW BUSINESS
A. Review Emerald Ash Borer Management Plan
B. Assign Commission Representative for 2012 YMCA Advisory Committee Meetings
C. Review City Code Chapters 203, 405, 605, 909, and 1204
D. Discuss/Recommend Funding Requests for BBC Donations
10. REPORTS
A. Reports of Commission Members
B. Reports of City Staff
11. REQUESTS FOR FUTURE AGENDA ITEMS / OTHER BUSINESS
A. Next Regular Commission Meeting: February 23, 2012
1. Discuss Long-Term City Forestry Options
2. Discuss Coach of the Year
3. Review 2011 Parks Annual Report
4.
5.
6. Park Focus - _____________________
12. ADJOURNMENT
PARKS AND RECREATION AND FORESTRY COMMISSION
6:30 P.M. | DECEMBER 15, 2011 | MOUNDS VIEW CITY HALL
MEETING MINUTES
1. CALL TO ORDER
2. ROLL CALL: Commissioners: Kunz, Kroeger, Arel, Long, Aukee, Peterson
Staff: Dazenski, DeBar | YMCA: Danielson
3. APPROVAL OF AGENDA approved
4. APPROVAL OF MINUTES
A. November 17, 2011 Meeting Minutes approved
5. PUBLIC INPUT - none
6. YMCA REPORT - youth winter sports registration is a 359, Swim lessons have moved to Coon
Rapids as the YMCA has combined headquarters.
7. UNFINISHED BUSINESS
A. Discuss Trailway and Sidewalk System – Presented Draft Plan, Main focus will be to
identify gaps, then assign priority. Still need to define Walkway, Bikeway, Pathway. Dale
had a question about Trailway planning being in the scope of PRF, decided it is.
B. Discuss Ice Hockey and Skating Rink Improvements at Hillview Park – Rink hours at
Groveland Park will be open Lambert’s hours until Lambert is open.
C. Appoint Chair and Vice Chair for 2012 Commission Meetings – Aukee Chairman, Peterson
Vice Chair, Palm Secretary, Motion made by Kunz, second by Long - Approved
8. NEW BUSINESS
A. Discuss Commission Meeting Schedule for 2012 – Motion Peterson second Arel -
Approved
9. REPORTS
A. Reports of Commission Members – Kroeger thanked Arel for his service as Chair.
B. Reports of City Staff – None recorded
10. REQUESTS FOR FUTURE AGENDA ITEMS / OTHER BUSINESS
A. Next Regular Commission Meeting: January 26, 2012
1. Review Emerald Ash Borer Management Plan (Jan. 2012) – Before YMCA report
2. Park Security
3. Nick to send Bylaws
4. Discuss Long-Term City Forestry Options (Feb. 2012)
11. ADJOURNMENT - motion Kunz second Aukee
Trailway System Plan - DRAFT 1 The following Detail Plan defines the existing and proposed formal trailways through the City of Mounds View and the respective status. The focus of the formal trailways is to connect with landmarks and regional trailways, and in some instances, isolated neighborhoods with other trailways. Landmarks are defined as Mounds View parks, civic and local educational facilities. Bus routes are not a direct consideration. Trailways encompass Bikeways and Walkways. The following defines expectations for formal Bikeway and Walkway configurations: • Bikeway – Paved, no or limited conflict with street parking, integrated crosswalks, clear path with visibility consistent with speed, continuous and maintained. On or Off street, 5-10’ wide. Identified on a map and/or marked with signage. • Walkway – Paved, integrated crosswalks, clear path with visibility consistent with speed, continuous, maintained, with potential shared usage with pedestrians. Off street, 4’ wide minimum. Identified on a map and/or marked with signage.
Trailway System Plan - DRAFT 2 North/South Routes Bike- way Walk- way Connecting Landmarks and Regional Trailways Status – Gaps - Plans Striped lanes 4-8’, both sides, from CR 10 to CR J/ 85th Ave. MSA route north of CR 10 Gap: No striped lanes from Bronson to CR10 Groveland Road Yes No • Connects with Groveland Park • Connection with Blaine trailway along CR J/ 85th Ave Plan: Future implementation of trailway with local street project Concrete sidewalk, on east side, from CR H, through CR 10, continuing on Red Oak Dr to Hillview Rd. MSA route north of CR 10 (Red Oak Dr) Gap: No controlled walk/bike features from Hillview Rd to Long Lake Rd coinciding with bump outs Silver Lake Road – Red Oak Drive Yes Yes • Full North/South route: Connects Silver View and Woodcrest Parks • Connection with Rice Creek trailway with Long Lake Park and the Mississippi River trailway as destinations • Connection with Blaine trailway along CR J/ 85th Ave Plan: Mark trailway on west side Concrete sidewalk, on west side, from south end to Eastwood Dr. On street marked 4’ wide striped lane, both sides, from CR H to CR H2 and CR I to Eastwood Gaps: North end west from Eastwood Dr has no controlled walk/bike features. No striping between CR H2 to CR I Long Lake Road Yes Yes • Full North/South route: Connects Random and Arden Parks and Irondale HS. Connection with Rice Creek Trailway with Long Lake Park and the Mississippi River trailway as destinations Plan: Future implementation with local street project Concrete sidewalk, east side, and striped lanes, both sides, from CR H to CR H2. Concrete sidewalk, west side, from CR H2 to CR 10, and both sides from CR 10 to Bronson Ave, changing to striped lanes, both sides, to CR I. MSA route from south border to CR I Gap: No sidewalk north of Bronson. No controlled walk/bike features north of CR I Edgewood Drive Yes Yes • Connects Edgewood MS, City Hall, City Hall Park, Police Station and Community Center Plan: Future implementation of trailways with local street project Striped lanes, both sides, from CR 10 to Hillview Rd. Concrete sidewalk, on east side, from Hillview Rd to CR H2. MSA route along majority of length Gap: Bikes must use sidewalk Quincy Street Yes Yes • Connects Oakwood and Greenfield Parks, Pinewood Elementary and industrial park Plan: Future implementation of bikeway with local street project
Trailway System Plan - DRAFT 3 East/West Routes Bike- way Walk- way Connecting Landmarks and Regional Trailways Status – Gaps - Plans Sidewalk along north (Blaine) side of route Gap: No controlled walk/bike features along south (Mounds View) side of route Co Rd J (85th) No Yes • Full East/West route • Connection to Blaine trailway along CR J/ 85th Ave Plan: Future implementation of walkway On street 4’ wide lane, both sides, from Spring Lake Rd to Eastwood Rd. MSA route Gap: No controlled walk/bike features from Eastwood Rd to Long Lake Rd Arden Avenue No Yes • Connects with Groveland and Arden Parks Plan: Future implementation of walkway with local street project On street 4-8’ wide lane, both sides, from Red Oak Dr to east end. MSA route along majority of length Gap: NA Hillview Road No Yes • Connects Hillview and Greenfield Parks Plan: Maintain Concrete sidewalk, on north side, from west end to Silver Lake Rd. Sidewalk changes to south side from Silver Lake Rd to Long Lake Rd. Sidewalk, both sides, from Long Lake Rd to Quincy St, then paved only north side to east end Gap: No on street striped lanes. Bikes must use sidewalks Co Rd I Yes Yes • Full East/West route: Connects Silver View and Lakeside Parks, Pinewood Elementary • Connection to Shoreview and the TCAAP trailways Plan: Maintain Intermittent paved trailways along both sides of route Gap: Intermittent unpaved portions along both sides Co Rd 10 Yes Yes • Full East/West route: Connects city civic area, retail business parks, high density and senior housing Plan: Pursue grants and use of annual budgeted trailway funds Concrete sidewalk, north side, from west end across CR 10 to Jackson Dr. Continues as 4-5’ lane, both sides, to east end MSA route along majority of length Gaps: No walkway on south side between Silver Lake Rd and Long Lake Rd. Bikes must use sidewalks Co Rd H2 Yes Yes • Full East/West route: Connects Silver View Park and through industrial park Plan: Consider walkway by townhomes Concrete sidewalk, north side, from west end to Silver Lake Rd. Sidewalk continues, south (New Brighton) side, from Silver Lake Rd to Edgewood Dr, then transitions to paved trailway to Old Hwy 8 Gap: No south side walkway from Silver Lake Rd to Edgewood Dr. No controlled walk/bike features from Old Hwy 8 to east end (35W) Co Rd H Yes Yes • Full East/West route: Connects Edgewood MS, Irondale HS, Sunnyside Elementary • Connection to Rice Creek and the TCAAP trailway Plan: Implement with local street and Co Rd H and 10 intersection projects
Trailway System Plan - DRAFT 4 Park Trailways Bike- way Walk- way Connecting Landmarks and Trailways Status – Gaps - Plans Complete – Paved Gap: NA Silver View Park Yes Yes • Connects with Long Lake Rd, Silver Lake Rd, CR H and I trailways Plan: Maintain Trailway is a mix of paved and gravel Gap: Gravel portions not conducive to biking. Bridges need attention. Greenfield Park Yes Yes • Connects with Hillview Rd and Quincy St trailways and Oakwood Park Plan: Pave complete trail and repair/replace bridges. Add bridge to Laport Future – Walkway from Edgewood Dr along sound wall, behind park, to Long Lake Rd Gap: Does not exist Arden Park No Yes • Connect with Long Lake Rd and Arden Ave trailway • Connection with Blaine trailway along CR J/ 85th Ave Plan: Future implementation of gravel or paved walkway Complete – Gravel Gap: NA Woodcrest Park No Yes • Connect with Silver Lake Rd trailway Plan: Maintain
Trailway System Plan - DRAFT 5 Connector Trailways Bike- way Walk- way Connecting Landmarks and Trailways Status – Gaps - Plans Complete – Paved Gap: NA Pleasant View Court to Spring Lake Road Yes Yes • Connects to Arden Ave trailway and neighborhoods Plan: Maintain Complete – Paved Gap: NA Arden Ave to Laport Drive Yes Yes • Connects Groveland Park, Arden Ave trailway to neighborhoods Plan: Maintain Future (Need Input) Gap: Does not exist Arden Avenue to Sherwood Yes Yes • Connect Arden Ave trailway to neighborhoods Plan: Future implementation of paved trailway Complete – Paved Gap: NA Lois Lane to Knoll Drive Yes Yes • Connects neighborhoods Plan: Maintain Future - Currently a worn foot path Gap: Does not exist Hidden Hollow South to Hidden Hollow North Yes Yes • Connect CR H and H2 trailways and neighborhoods Plan: Future implementation of paved trailway Complete – Paved Gap: NA Edgewood Drive to Bona Road Yes Yes • Connects Edgewood MS, Edgewood Dr trailway to neighborhoods Plan: Maintain Complete off-set trailway through theater parking lot Gap: NA Edgewood Drive - Co Rd H2 to Co Rd 10 Yes Yes • Connect Edgewood Dr to CR 10 trailway past theater Plan: Maintain
Trailway System Plan - DRAFT 6 Fill the Gaps Priorities Short Term: • Complete CR H walkway (sidewalk) between Edgewood Drive and Silver Lake Road. Coordinate with area street construction project in area. Medium Term: • Complete CR 10 trailways (North and South sides) • Complete Long Lake Rd trailway at north end (North County Line) to CR J/ 85th Ave • Continuation of existing walkways along main E/W and N/S routes. Must define purpose of striped lanes or acceptable uses, and if bike use of sidewalks is acceptable.
EMERALD ASH BORER MANAGEMENT PLAN – DRAFT
CITY OF MOUNDS VIEW
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OVERVIEW
In the summer of 2011, the Minnesota Department of Agriculture (MDA) confirmed an infestation of
Emerald Ash Borer (EAB) in Shoreview, only a quarter of a mile east of Mounds View's border near
Hillview Dr./Oakwood Dr./35W neighborhood. While this could be a relatively young infestation, it is
thought that the pest could likely already be in Mounds View but currently undetected. This non-
native, destructive insect has killed tens of millions of ash trees in 15 states and two Canadian
provinces. In addition to the Shoreview find, Minnesota's known infestations include areas in St. Paul,
Minneapolis, Falcon Heights and Houston/Winona counties.
The Emerald Ash Borer can infest and kill all true ash (fraxinus) trees including green, white, and
black ash. There are thousands of ash trees in Mounds View, almost all of them are green ash. Once
EAB establishes, an infested ash tree will usually die over a period of three to five years. The initial
year or two of infestation can be sometimes difficult to observe. Once established, the insect's larval
form (worm) will tunnel under the ash tree's bark and disrupt the tree's nutrients and water. The tree's
death then follows. The adult form of the insect is metallic green, about one half inch in length and
emerges from a small (one-eighth inch), D-shaped exit hole. It is active from May to September. The
adult EAB flies from an infected tree to a healthy tree to continue the cycle. The distance of overland
spread can be about one half mile annually. Added spread could occur if infested ash firewood or
parts are transported to uninfected sites. As a result, a quarantine of ash wood and other ash tree
parts exists for all of Ramsey, Hennepin, Houston and Winona Counties of Minnesota.
The following will be important for Mounds View residents to know regarding the Emerald Ash Borer:
• Don't transport any ash firewood or other ash tree parts in or out of Mounds View except to a
specified removal site within the county.
• Watch for dying ash or declining health in ash trees. Some signs could be woodpeckers pulling
bark off ash trees, D-shaped holes in an ash tree's bark and winding tunnels under the bark of an
ash tree. Please call the City's forestry number at 763-717-4065 or MDA hotline at 888-545-6684 if
you observe such symptoms on an ash tree.
• Ash trees can be protected by the timely and proper injection/application of an approved
chemical by a licensed and certified contractor.
• Some websites with more EAB information are: www.extension.umn.edu,
www.dnr.state.mn.us/invasives, and www.mda.state.mn.us/plants/pestmanagement/eab
As a result of the nearby discovery of EAB, it is felt that now (2012) is an appropriate time to
implement an up-to-date EAB management plan that could include timely ash tree removals,
replacement tree planting with other suitable native species and the protection (injection) of a number
of identified, key park ash trees. For the City's purposes, this plan will be broken down to three areas
of focus: 1) Ash trees on City-owned land; 2) Ash trees on City right-of-ways; and 3) Ash trees on
private property.
EMERALD ASH BORER MANAGEMENT PLAN FOR MOUNDS VIEW PUBLIC LAND
There are 114 green ash trees growing in Mounds View's parks and on well-house sites. Of these,
102 should be considered for protection from the impending EAB infestation. The ash trees in
question are mostly mature and well-pruned. They offer great benefits to heavily used park areas
such as the Silver View Park softball and parking lot site, the Greenfield Park baseball bleachers and
City Hall's ball field and picnic facilities. Twelve (12) unprotected, green ash trees on public property
will be removed for reasons of poor condition/placement, These trees will be replaced with suitable
native trees of preferred species.
EMERALD ASH BORER MANAGEMENT PLAN – DRAFT
CITY OF MOUNDS VIEW
2/3
A contracted tree injection process of the chemical "Tree-age" (Emamectin benzoate) would protect
these trees for a period of two years. Repeat injections would have to be given to these trees every
two years thereafter. Fifteen (15) of these trees (smaller than 12" of diameter) could be treated by
City staff with the chemical "Imidacloprid" on an annual basis using the a soil drenching (trough)
method. Once these smaller trees reached 12" of diameter, they too would need the aforementioned
injection treatment. The 2012 forestry budget includes funds for the injection of green ash trees in
parks.
The following shows the projected costs of one injection cycle to save these park trees:
• 87 green ash trees contractually injected (2 yr. coverage)...$80/tree = $6,970
• 15 green ash trees (<12" dbh) treated by City crew (1 yr. coverage).....$20/tree = $300
Other items to consider:
* Average removal cost of one park tree and stump: $300.00
* Average replacement tree cost (2" dia. contracted): $200.00
* Estimated removal and replacement costs for 102 park trees: $51,000.00
EMERALD ASH BORER MANAGEMENT FOR MOUNDS VIEW RIGHT-OF-WAY
(BOULEVARD) TREES
There are approximately 300 green ash trees on Mounds View right-of-ways (ROW) or boulevards.
The average size of these trees is about 15" of diameter as measured at 4.5 ft. above ground
(dbh). An estimated 250 of these trees lie on ROW in residential areas and add beauty, shade,
stormwater control and property value to the adjacent properties and to the community as a
whole. The remaining 50 trees are on commercial or business ROW and will not be a focus of this
section's consideration at this time due to low condition factors and somewhat removed
placement.
Emerald Ash Borer, once established in the City, will likely kill most of these ROW trees within a
relatively short period of time. It might benefit the City to spread out this eventuality as long as
possible so as to not have to deal with the situation of a large number of trees all dying within a
few years of each other. The City must decide on a course of action that could begin in the
immediate future (2012/2013). The choices are basically three:
1) Do nothing. Allow the ROW ash trees to remain in place as is with no protection and
remove (and maybe replace) infested trees as they die.
2) Remove some of the existing ROW ash trees over time (starting 2012) as they develop
non-EAB problems such as storm damage, structural problems and crowding. Then,
replace those trees at the end of each year. Grant funds could also be a source of funding
to be used for ROW removal and replacement in advance of the larger problem.
3) Inject the ROW ash trees on a two year cycle starting in 2012 (see the following costs).
Here are the removal, replacement or injection estimates:
* 250 average ROW green ash trees/stumps removed: $300.00/tree X 250 = 75,000.00
* 250 ROW trees replaced: $200.00/tree X 250 = $50,000.00
Total removal and replacement = $125,000.00
* Contracted injection of 250 ROW ash trees (repeated every two years): $80/tree X 250 =
$20,000
Related notes:
* The City has been removing ("culling-out") damaged or hazardous green ash trees off ROW's
averaging 25 trees for the last three years.
EMERALD ASH BORER MANAGEMENT PLAN – DRAFT
CITY OF MOUNDS VIEW
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* A MN Dept. of Ag. established "1 mile radius" from the Shoreview infestation has put a corner
of Mounds View in that zone. This now allows Mounds View to apply for grant support
to remove and replace green ash trees on public land in that zone into 2014 (see map). Over
one third of Mounds View's ROW green ash trees are in that part of the City. In total,
Mounds View's existing ROW ash trees represent about 14% of the entire City "boulevard" tree
inventory of all species.
EMERALD ASH BORER MANAGEMENT PLAN FOR PRIVATE ASH TREES IN MOUNDS VIEW
Several thousand green ash trees are estimated to be on private property in Mounds View. Their
total death over a period of time (example-ten years) would create a number of safety,
neighborhood, enforcement and aesthetic issues if not removed in timely fashion. Current City tree
ordinances are in place and require specific removal of diseased elms and red oaks. These
ordinances have been in place for over 35 years and have served the community well in reducing
tree disease spread and removing trees that would otherwise be nuisance and safety concerns.
The City could do the same with the upcoming numbers of ash trees that will be dying because of
the EAB infestation. Simple additions and changes to the already existing disease ordinances to
include the insect pest EAB would allow timely and specific removals of dying and dead ash trees.
The City would, in some cases, need to use its contractor to enforce some of the removals much
as it does for certain elms, oaks and hazard trees. Such control measures could spread-out the
EAB problem and possibly slow it down giving some homeowners time to remove and perhaps
replace. It has also been the experience that Cities with concise, structured tree management
programs tend to pay lower removal costs for quality services due to contract competition and the
presence of certified arborists. Tree company licensing by the City would need to be better defined
to attract professional and qualified contractors hopefully with the desired training and
certifications. This information as well as communication with homeowners via the media and City
newsletters will be essential to effectively manage the challenges of the Emerald Ash Borer.
City of Mounds View
203.01 203.01
CHAPTER 203
FUNDS
SECTION:
203.01: Home Rule Charter, Chapter 202, Bond Redemption Fund
203.02: Utilities Operating Funds
203.03: Revenue Sharing Fund
203.04: Lakeside Park Fund
203.05: Park and Playground Fund
203.06: Recreation Activity Fund
203.07: Storm Water Management Fund
203.08: Special Projects Fund
203.01:HOME RULE CHARTER, CHAPTER 202, BOND REDEMPTION FUND:
Subd. 1. Fund Created: There is hereby created a fund designated as the "Mounds View Home
Rule Charter, Chapter 202, Improvement Bond Redemption Fund", which the Finance
Director/Treasurer shall maintain on the official books and records of the Municipality and
administer in accordance with this Chapter, so long as any bonds directed by the Council to
be payable therefrom are outstanding.
Subd. 2. Purpose: This Fund shall be used to pay principal and interest only on general obligation
improvement bonds issued to finance improvements instituted under the Mounds View
Home Rule Charter1 as amended, Chapter 202 of this Title, as amended, or other statutory
or Charter provisions amending or supplementing the Home Rule Charter or otherwise
authorizing the issuance of general obligation bonds payable primarily from special
assessments, whether in whole or in part.
Subd. 3. Use of Fund: The Fund shall be used for no other purpose except, when all such
principal and interest due have been paid in full, to repay any advances from other funds
used for such payments.
Subd. 4. Investment of Fund: The Fund may be invested in accordance with Minnesota Statutes,
section 475.66 or amendatory or supplementary acts.
1 See Charter Section 710 for City indebtedness.
City of Mounds View
203.01 203.01
Subd. 5. Separate Funds:
a. Each bond issue authorized hereunder and the Improvement Bond Redemption Fund
created thereby shall be separate, and any balance remaining in such separate Fund after all
bonds payable therefrom have been duly paid with interest and redeemed may be transferred
to the General Fund.
b. A separate fund shall be created for each improvement or consolidated group of
improvements to be financed by an issue of such bond, and all collections of special
assessments and taxes levied for each improvement and all bond proceeds and any other
monies appropriated thereto by the Council shall be held in such fund and used solely to
defray the expenses of the improvement (including interest and principal, if any, becoming
due on bonds whose proceeds are appropriate to the Fund), until the improvement is
completed and the cost thereof is paid in full. Thereupon, the Improvement Fund shall be
discontinued, and any balance of bond proceeds remaining therein may be transferred to the
fund of another improvement similarly instituted to be used for debt service or to the
General Fund if so directed by the Council.
Subd. 6. Tax Levies:
a. Before the delivery of any issue of improvement bonds directed by the Council to be
payable from the Improvement Bond Redemption Fund, the Council shall, by resolution,
estimate the approximate principal amount of special assessments to be levied for each
improvement financed thereby and appropriated to the Redemption Fund, the number of
installments thereof and the rate of interest to be charged upon deferred installments and
shall levy, if necessary, a general ad valorem tax upon all taxable property within the
Municipality, to be spread upon the tax rolls for each property with year of the term of the
bonds, in amounts for all years such that if collected in full, they, together with the taxes
theretofore levied and appropriated to the Redemption Fund, plus the estimated collections
of said special assessments and of all other special assessments theretofore pledged to the
Redemption Fund, will produce at least five percent (5%) in excess of the amount needed to
meet, when due, the principal and interest payments on such bonds and on all other then
outstanding bonds which are payable from the Redemption Fund.
b. All such tax levies shall be irrepealable; except, that if the Council, in any year, makes an
irrevocable appropriation to the Improvement Bond Redemption Fund of monies actually on
hand from sources other than the special assessments and taxes herein referred to, or if there
is on hand any excess amount in that fund, the Municipality reserves the right to certify to
the County Auditor the fact and amount thereof and to request the Auditor to reduce by the
amount so certified the amount otherwise to be included in the tax rolls next thereafter
prepared.
City of Mounds View
203.01 203.01 (Rev. 5/10)
Subd. 7. Certification of Levies: The City Administrator is directed to file a certified copy of this
Section in the office of the County Auditor of Ramsey County, and prior to the delivery of
each series of improvement bonds payable from the Improvement Bond Redemption Fund,
the City Administrator shall also file with the County Auditor a certified copy of the
resolution authorizing such bonds and levying a tax for the payment thereof, together with
full information regarding the bonds for which the tax levy required by law has made, and
no further action by the Municipality shall be required to authorize the extension,
assessment and collection of said tax, but the Auditor shall annually assess and extend upon
the tax rolls the amounts specified in such resolution for each year, unless the amount has
been reduced as authorized in subdivision 5 hereof.(Amended, Ord. 844, 5-20-10)
Subd. 8. Pledge of Credit: The full faith and credit of the Municipality shall be and are hereby
pledged for the prompt and full payment of the principal of and interest on all improvement
bonds made payable from the Improvement Bond Redemption Fund, and the Council shall
pay such principal and interest out of any fund of the Municipality if ever the amount
credited to the Redemption Fund is insufficient for such purpose and shall each year levy a
sufficient amount to meet any accumulated or anticipated deficiency in that fund, which
levy shall not be subject to any statutory or Charter tax limitations. The provisions of
Minnesota Statutes, sections 475.61 and 475.74 are hereby acknowledged to be and are
affirmed as covenants of the Municipality with the holders of all such bonds, from time to
time, outstanding.
Subd. 9. Preparation, Sale, Execution and Delivery:
a. Improvement bonds to be made payable from the Improvement Bond Redemption Fund
may be prepared for execution in form, as provided for in Minnesota Statutes, section
475.55, with suitable variations as to date of issue, maturity, interest payment dates,
redemption privilege, serial designation and number and other details.
b. The amounts, maturity, interest rates and other terms of each issue of improvement bonds
made payable from the Improvement Bond Redemption Fund shall be established by the
Council, by resolution, and such bonds shall be issued and sold upon such terms as are
deemed by the Council, from time to time, to be reasonable and in the best interest of the
Municipality and owners of property subject to special assessment.
c. Upon the sale of each issue, the bonds shall be prepared for execution under the direction
of the City Administrator and shall be executed as provided for in Minnesota Statutes,
section 475, and the Corporate Seal of the Municipality shall be affixed to each bond. (Ord.
844, 5-20-10)
d. When executed, the bonds shall be delivered by the Finance Director/Treasurer to the
purchaser thereof upon payment of the agreed purchase price, and the purchaser shall not be
obligated to see to the application of the bond proceeds.
City of Mounds View
203.01 203.02 (Rev. 5/10)
Subd. 10. Authentication of Transcript: The officers of the Municipality and the County Auditor
of Ramsey County shall prepare and furnish to the purchaser of each series of such bonds
certified copies of all proceedings and records relating to the authorization thereof and such
other certificates and affidavits as to matters shown by the records in their custody or
otherwise known to them as may be required to evidence the validity and marketability of
the bonds, and all such documents shall be deemed representations of the Municipality as to
the correctness of all statements therein contained. (1988 Code §20.01)
203.02:UTILITIES OPERATING FUNDS:
Subd. 1. Establishment: There are hereby created separate and special funds designated as the
"Water Utility Operating Fund" and "Sewer Utility Operating Fund" which shall be
maintained on the official books and records of the City and be administered in accordance
with this Section. These Funds shall be used to handle the revenues and expenses from the
Municipal water and sanitary sewer utilities owned and operated by the Municipality1.
Subd. 2. Revenue and Expenses: Revenue from either the water or sanitary sewer system shall be
credited directly to the proper account. Expenses shall be debited against the applicable
water or sanitary sewer system account. Any expenses that are made for public utility
purposes shall be apportioned by the Finance Director/Treasurer to the applicable account.
Subd. 3. Transfer of Funds: The Council may transfer funds into the Utilities Operating Funds
from any source, and the Council may transfer funds out of the Utilities Operating Funds to
the General Fund or Improvement Bond Redemption Fund2.
Subd. 4. Pledge of Funds: In the event the Council pledges any of the funds of the Utilities
Operating Funds for bond redemption or any other purpose, the City Administrator shall
make such payments as are necessary in the manner prescribed by law or resolution. All
pledges must be satisfied before the Council can authorize a transfer out of the Utilities
Operating Funds. (Amended, Ord. 844, 5-20-10)
Subd. 5. Investment of Funds: Whenever there are temporary idle funds in the Utilities Operating
Funds, the Finance Director/Treasurer may invest said funds, and the revenue derived
therefrom shall be credited to the appropriate Utilities Operating Funds. (1988 Code §20.03)
1 See Chapters 906 and 907 of this Code for water and sewer systems.
2 See Section 203.01 of this Chapter.
City of Mounds View
203.03 203.04
203.03:REVENUE SHARING FUND:
Subd. 1. Definitions: As used in this Section, the definitions adopted pursuant to 31 Code of
Federal Regulations subtitle B, part 51, Federal Assistance to State and Local Governments
are hereby adopted by reference. (1988 Code §21.01)
Subd. 2. Fund Established: There is hereby established and created a trust fund designated as the
"Revenue Sharing Fund" wherein there shall be deposited all entitlement funds received by
the City pursuant to the Revenue Sharing Act. The uses and accounting for the
aforementioned funds and all regulations pertaining to said funds pursuant to 31 Code of
Federal Regulations, subtitle B, part 51, Federal Assistance to State and Local Governments
are hereby adopted by reference and any future regulations amending or supplementing this
Section. (1988 Code §21.02)
203.04:LAKESIDE PARK FUND1:
Subd. 1. Fund Established: There is hereby established and created a fund designated as the
"Lakeside Park Fund", hereinafter in this Section referred to as the "Fund". (1988 Code
§22.01)
Subd. 2. Purpose: The purpose of the Fund is to account for expenses relating to the operation,
maintenance and improvement of Lakeside Park. There shall be deposited in the Fund
contributions and/or donations received from other governmental units, corporations and/or
individuals, transfers from other City funds and fees charged for recreation activities
conducted at the Park authorized by the City and supervised by the Director of Parks,
Recreation and Forestry or such other designee as authorized by the Council. (1988 Code
§22.02)
Subd. 3. Use of Fund: Such funds shall be used for the direct operating expense, maintenance and
improvements of Lakeside Park and for the direct operating expenses of recreation activities
conducted at the Park. (1988 Code §22.03)
Subd. 4. Expenses: All expenses from the Fund shall be approved by the Council. The Director
of Parks, Recreation and Forestry may recommend expenses for approval. (1988 Code
§22.04)
1 See Chapter 905 of this Code for parks, playgrounds and recreation.
City of Mounds View
203.04 203.06
Subd. 5. Accounting: The Director of Parks, Recreation and Forestry shall be responsible for and
shall prepare an annual accounting of the Fund. This shall include all revenues, expenses
and balances at the end of each calendar year. All funds received shall be deposited with the
City Finance Director/Treasurer as provided for in Section 106.04 of this Code. (1988 Code
§22.05)
Subd. 6. Transfer of Funds: The Council may transfer funds into the Recreation Activity Fund
from any source, but there shall be no transfer of funds from the Recreation Activity Fund,
except for the purposes enumerated in subdivision 203.07(3) of this Chapter. (1988 Code
§22.06)
203.05:PARK AND PLAYGROUND FUND1:
Subd. 1. Fund Established: There is hereby established and created a fund designated as the "Park
and Playground Fund", hereinafter in this Section referred to as the "Fund". (1988 Code
§23.01)
Subd. 2. Purpose: There shall be deposited in said Fund all cash payments received by the City
pursuant to the provisions of Section 1204.02 of this Code. (1988 Code §23.02)
Subd. 3. Section 1204.02 Payments: Such payments shall only be used by the City for the
acquisition of land for parks, playgrounds, public open space or storm water holding areas or
ponds, development of existing parks and playground sites, public open space and storm
water holding areas or ponds and debt retirement in connection with land previously
acquired for such public purposes. (1988 Code §23.03)
Subd. 4. Transfer of Funds: Section 1204.02 deposits may not be transferred out of the Fund,
except for the purposes enumerated in subdivision 3 above. Other receipts may be
transferred by the Council into the General Fund for the purposes enumerated in subdivision
3 above. (1988 Code §23.04)
203.06:RECREATION ACTIVITY FUND2:
Subd. 1. Fund Established: There is hereby established and created a fund designated as the
"Recreation-Activity Fund", hereinafter in this Section referred to as the "Fund". (1988
Code §24.01)
1 See Chapter 905 of this Code for parks, playground and recreation.
2 See Chapter 905 of this Code for parks, playground and recreation.
City of Mounds View
203.06 203.07
Subd. 2. Purpose: There shall be deposited in said Fund all cash fees charged by the City for
recreation activities authorized by the City and supervised by the Director of Parks,
Recreation and Forestry or such other designee as authorized by the Council. (1988 Code
§24.02)
Subd. 3. Use of Fund: Such funds shall be used for the direct operating expense of City
authorized recreation activities. These expenses shall include, but shall not be limited to,
compensation of instructors, rents or the purchase of equipment or supplies for recreational
activities. (1988 Code §24.03)
Subd. 4. Expenses: All expenses from the Fund shall be approved by the Council. The Director of
Parks, Recreation and Forestry may recommend expenses for approval. (1988 Code §24.04)
Subd. 5. Accounting: The Director of Parks, Recreation and Forestry shall be responsible for and
shall prepare an annual accounting of the Fund. This shall include all revenues, expenses
and balances at the end of each calendar year. All funds received shall be deposited with the
City Finance Director/Treasurer as provided for in Section 106.04 of this Code. (1988 Code
§24.05)
Subd. 6. Transfer of Funds: The Council may transfer funds into the Recreation Activity Fund
from any source, but there shall be no transfer of funds from the Recreation Activity Fund,
except for the purposes enumerated in subdivision 3 of this Section. (1988 Code §24.06)
203.07:STORM WATER MANAGEMENT FUND1:
Subd. 1. Definitions: The following words and terms, wherever they occur in this Section, shall be
defined as follows:
a. AREA: The total area of the subject parcel of land measured in square feet and to the
center line of any abutting public streets or rights of way.
b. FUND: The Storm Water Management Fund.
c. OWNER: Any individual, firm, association, corporation, syndicate, copartnership, trust
or other legal entity having sufficient legal or equitable interest in the subject parcel of land
to commence and maintain proceeding for a building permit under Chapter 1006 of this
Municipal Code.
1 See Chapter 1010 of this Code for wetland zoning regulation; see Chapter 1301 of this Code for flood plain
zoning; see Chapter 1302 of this Code for surface water drainage regulation.
City of Mounds View
203.07 203.07
d. SWM CHARGE: The Storm Water Management Charge.
Subd. 2. Fund Established: There is hereby established and created a fund, designated as the
"Storm Water Management Fund" and a charge designated as the "storm water management
charge".
Subd. 3. Purpose: The purpose of the Fund is to provide for the preservation and improvement of
storm water drainage facilities within the City. There shall be deposited in the Fund all
payments received pursuant to the provisions of this Section and such other monies as shall
be specified, from time to time, by the City Council.
Subd. 4. Applicability:
a. Any owner or owner's agent who applies for a building permit under Chapter 1006 of this
Municipal Code shall pay a storm water management charge in an amount as determined
hereinafter to the Fund.
b. If the Director of Public Works/City Engineer determines that applicant's land contributes
storm water to a storm sewer needing improvement or additional monitoring (as identified in
the Local Water Management Plan dated February 12, 19901, subject to subsequent
revisions), the applicant shall pay the SWM charge. If the Director of Public Works/City
Engineer determines that the applicant's land does not contribute storm water to a storm
sewer needing improvement or additional monitoring, the applicant shall pay twenty percent
(20%) of the SWM charge.
Subd. 5. Computation of Required SWM Charge:
a. The minimum SWM charge shall be twenty five dollars ($25.00).
b. No provision herein shall be construed to prohibit the payment of more than one SWM
charge for a specific parcel of land.
c. The SWM charge shall be zero (0) whenever a building permit is issued for the addition,
alteration or improvement to an existing single-family residential structure or a lot which has
an existing single-family residential structure in an R-1 zoned district.
d. The SWM charge shall be as follows:
1 See Chapter 1302 of this Code.
City of Mounds View
203.07 203.08
Property Zoned SWM Charge
R-1 $ 202.00 per lot
R-2 989.00 per lot
R-3 1,429.00 per acre
R-4, R-5, R-0, B-1, B-2, B-3, B-4
and I-1
1,966.00 per acre
e. The SWM charge shall be adjusted annually on July 1 according to the change in the
Engineering News Record Construction Cost Index for the Minneapolis-St. Paul area.
Subd. 6. Use of Fund: Any SWM charge payments deposited in the Fund shall be used only for
expenses incurred in the design, construction, preservation or improvement of City storm
water management systems. These expenses shall include, but shall not be limited to,
acquisition of land, woodlands and easements, construction of water quality control
improvements, preservation of woodlands and debt retirement in connection with storm
water management system improvements.
Subd. 7. Transfer of Funds: Any SWM charge payments deposited in the Fund shall not be
transferred out of the Fund, except for the purposes enumerated in subdivision 6 above.
(Ord. 504, 4-27-92)
203.08:SPECIAL PROJECTS FUND:
Subd. 1. Definitions: When used in this Section, the following words and phrases shall have the
meanings ascribed to them in this subdivision:
a. CAPITAL IMPROVEMENT PROJECTS: Projects which are intended to acquire,
construct, permanently modify or purchase assets of a long term character which are
intended to continue to be held or used, such as land, buildings and machinery.
b. EMERGENCY: An occurrence where the public health, safety and welfare is
jeopardized, where immediate action is necessary and must be declared by a four-fifths (4/5)
vote of the entire Council.
c. ENTERPRISE FUND: A fund established to finance and account for the acquisition,
operation and maintenance of governmental facilities which are entirely or predominantly
self-supporting by user charges. Examples of enterprise funds are those for water, sewer, gas
and electric utilities, swimming pools, airports, parking garages and transmit systems.
City of Mounds View
203.08 203.08 (Rev. 5/10)
d. EQUIPMENT: Tangible property of a more or less permanent nature, other than land,
buildings or improvements, other than buildings, which is useful in carrying on operations.
Examples are machinery, trucks, cars, furniture and furnishings.
e. GENERAL GOVERNMENT MAINTENANCE EXPENSES: Costs incurred for the
upkeep of physical properties in condition for uses or occupancy which are used in the
rendering of services traditionally associated with Municipal government as distinguished
from those provided by Municipal enterprise operations.
f. GENERAL GOVERNMENT OPERATING EXPENSES: Costs which are necessary to
the rendering of services traditionally associated with Municipal government as
distinguished from those provided by Municipal enterprise operations.
g. PUBLIC IMPROVEMENT PROJECTS: Public improvement projects as defined in
Chapter 202 of this Title.
h. SPECIAL ASSESSMENT FUND: A fund set up to finance and account for the
construction of improvements or provision of services which are to be paid for, wholly or in
part, from special assessments levied against benefited property. (1988 Code §27.01)
Subd. 2. Fund Established: There is hereby established and created a separate and special fund
designated as the "Special Projects Fund", which the City Administrator and Finance
Director/Treasurer shall maintain on the official accounting records and financial statements
of the City and administer in accordance with this Section. (Amended, Ord. 844, 5-20-10)
Subd. 3. Use of Fund:
a. This Fund may be used to make interest-bearing loans to finance public improvement
projects authorized pursuant to Chapter 202 of this Title or to make interest-bearing loans to
finance equipment purchases and/or capital improvement projects, which have been
included in the long term financial plan, of any City enterprise fund.
b. This Fund may also be used to make permanent transfers for the purchase of equipment
and/or to finance capital improvement projects, which have been included in the Long Term
Financial Plan, of any City fund except special assessment and enterprise funds.
c. In no event shall this Fund be used to finance current and recurring general government
operations and maintenance expenses.
d. This Fund may be used to make permanent transfers to the fund balance of the General
Fund to ensure that there exists a cash flow reserve and a reserve for contingencies. The
amounts of said reserves shall be determined by the City Council.
City of Mounds View
203.08 203.08
e. This Fund may also be used to make emergency repairs to the public utility system, City
streets and highways, Municipal buildings and machinery and equipment in the event that
monies for said repairs have not been previously budgeted and/or that sufficient monies are
not available for said repairs from other sources. In the event that the emergency repairs
needed are to assets accounted for in the Water Fund, Sewer Fund or any City enterprise
fund, the monies for said repairs shall be in the form of an interest-bearing loan. At the
option of the Council, monies used for repairs to assets accounted for in the funds may be in
the form of interest-bearing loans or permanent transfers. It shall be used for no other
purpose, and any monies on deposit in the Fund may be invested in accordance with
provisions of the City Charter1 and with applicable Minnesota statutes.
f. This Fund may also be used to pay the bond service charges of the paying agents of the
bonds which were formerly accounted for in the Improvement Bond Redemption Fund and
which were defeased on January 18, 1984. (1988 Code §27.02)
Subd. 4. Funds to be Deposited: There shall be deposited in said Fund the initial sum of eight
hundred fifty three thousand four hundred fifty nine dollars ($853,459.00) which represents
the cash balance remaining in the Improvement Bond Redemption Fund after the cash
defeasance of the Fund's outstanding bonds. The special assessments receivable of the
Improvement Bond Redemption Fund shall be transferred to said Fund, and hereafter, all
future payments of principal and interest on those assessments shall be deposited in the
Fund. There may also be deposited in said Fund such other monies as may be directed by
the Council. (1988 Code §27.03; 1993 Code)
Subd. 5. Use of Funds:
a. Upon the adoption of a resolution by four-fifths (4/5) of the entire Council, monies of the
Fund may be used for the purposes stated in Subdivision 2 above. In the event of an
interest-bearing loan, the resolution authorizing said loan shall state the amount of the loan,
its purpose, term, interest rate and method of repayment.
b. In the event of the purchase of equipment or the financing of capital improvement
projects, the authorizing resolution shall state the amount of the purchase or financing, shall
contain a description of the equipment or project and shall designate the fund to which the
monies are to be transferred.
1 See Charter Chapter 7 for finance provisions.
City of Mounds View
203.08 203.08
c. In the event of emergency repairs, the authorizing resolution shall state the nature of the
repairs, the amount needed for said repairs and shall designate the fund to which the monies
are to be transferred. The authorizing resolution shall also state that monies for said
emergency repairs had not previously been budgeted and that sufficient monies are not
available from other sources to finance said emergency repairs.
d. In the event of a permanent transfer to the Fund balance of the General Fund, the
authorizing resolution shall state the amount of the transfer and shall indicate whether said
transfer is designated for the cash flow reserve or the reserve for contingencies. (1988 Code
§27.04)
Subd. 6. Amendment or Repeal: Upon the adoption of an ordinance by four-fifths (4/5) of the
entire Council, this Section may be amended or repealed. In the event of repeal, monies
accumulated in the Fund shall be deposited in the General Fund with the resolution
authorizing repeal specifying the purposes for which the funds would be expended. (1988
Code §27.05)
City of Mounds View
405.01 405.02 (Rev. 6/04)
CHAPTER 405
PARKS AND RECREATION AND FORESTRY COMMISSION1
(Ord. 714, 5/12/03)
SECTION:
405.01: Commission Established; Purpose
405.02: Membership; Oath; Compensation
405.03: Terms and Vacancies
405.04: Conflicts of Interest
405.05: Removal from Office
405.06: Organization and Meetings
405.07: Powers and Duties
405.08: Budget and Finances
405.09: Rules and Regulations
405.01: COMMISSION ESTABLISHED; PURPOSE: There is hereby established a
Parks and Recreation and Forestry Commission for the purpose of advising the Council on the
operation of public recreation, parks, and playgrounds, pursuant to the authority of this Chapter.
The Parks and Recreation and Forestry Commission is referred to herein as "the Commission".
(1988 Code §34.01; Ord. 714, 5-12-03)
405.02: MEMBERSHIP; OATH; COMPENSATION:
Subd. 1. Appointment of Members: The Commission shall consist of seven (7) members
appointed by the City Council and based on the recommendation of the Parks and
Recreation Commission, from the applications submitted. Based upon the recommendation
of the Parks and Recreation Commission, the City Council shall appoint a chairperson.
(1988 Code §34.02; Ord. 627, 2-8-99; Ord. 707, 10-28-02; Ord. 714, 5-12-03; Ord. 741, 6-
28-04)
Subd. 2. Oath of Office: Every appointed member shall, before entering upon the discharge of
their duties, take an oath that they will faithfully discharge the duties of their office. (1988
Code §34.03)
1 See Chapter 905 of this Code for parks, playgrounds and recreation.
City of Mounds View
405.02 405.06 (Rev. 5/03)
Subd. 3. Compensation: Members of the Commission shall serve without compensation. (1988
Code §34.04)
405.03: TERMS AND VACANCIES:
Subd. 1. Terms: Members of the Commission shall serve three (3) year staggered terms, with
terms expiring December 31 of each year. In order to establish appropriate staggering of
terms for the commission members, appointments to a term of less than three (3) years are
permissible. Both original and successive appointees shall hold their offices until their
successors are appointed and qualified. (Ord. 456, 2-27-89; Ord. 646, 1-10-00)
Subd. 2. Vacancies: Vacancies during the term shall be filled by the Mayor with the approval of
the majority of the Council for the unexpired portion of the term. (1988 Code §34.03)
405.04: CONFLICTS OF INTEREST: No member shall be personally interested in any
contracts in which the Commission may enter. (1988 Code §34.03)
405.05: REMOVAL FROM OFFICE:
Subd. 1. Removal for Just Cause: An appointed member of the Commission may be removed
from office for just cause and on written charges by at least four-fifths (4/5) of the entire
City Council. Such member may be entitled to a public hearing before such vote is taken.
Subd. 2. Removal for Nonattendance: In addition, an appointed member may be removed by the
City Council for nonattendance at Parks and Recreation Commission meetings if a
Commission member does not attend (9) nine regularly scheduled meetings per year.
Subd. 3. Vacancies Filled: It shall be the duty of the Chairman of the Commission to notify the
City Council promptly of any vacancies occurring in membership. The Mayor, with
approval of the City Council, shall fill such vacancies, for the unexpired term of the original
appointment. (1988 Code §34.05)
405.06: ORGANIZATION AND MEETINGS:
Subd. 1. Officers: The Commission shall select a Vice Chairman and Secretary. The Vice
Chairman shall be selected from its membership and shall serve for a term of one (1) year.
The Secretary may be selected from the Commission or City staff. (Amended, Ord. 714, 5-
12-03)
Subd. 2. Attorney and Engineer: The Municipal Attorney shall act as attorney for the
Commission and the Director of Public Works/City Engineer shall act as its engineer.
City of Mounds View
405.06 405.07 (Rev. 5/03)
Subd. 3. Rules of Procedure: At its first meeting, the Commission shall adopt rules of procedure
and elect the two (2) officers. It shall amend the rules, from time to time, as is necessary.
(1988 Code §34.06)
Subd 4. Meetings: The Commission shall establish regular meeting dates, but special meetings
may be called by any officer of the Commission upon seven (7) days' notice to all members.
The Commission shall hold at least twelve (12) regular meetings each calendar year.
(Amended, Ord. 714, 5-12-03)
Subd. 5. Quorum: A majority of the appointed members shall constitute a quorum. (1988 Code
§34.07)
405.07: POWERS AND DUTIES: In order to carry on the recreation provided herein, the
duties of the Commission shall include: (Amended, Ord. 714, 5-12-03)
Subd. 1. Operation of City Parks and Playgrounds: Under the direction of the City Council,
advise City staff to operate a program of public recreation and playgrounds upon property
which is owned or otherwise made available to the Municipality for such public recreation
purpose.
Subd. 2. Lease and Acquisition of Property:
a. Recommend to the Council the leasing or acquisition of real or personal property for
public recreational use as it deems desirable but shall not have the authority to acquire land
or construct buildings in its own name. Any equipment or recreational facilities shall belong
to the Municipality.
b. Advise the Council of leasing real or personal property or both for public recreation use
for periods of not longer than one (1) year.
Subd. 3. Maintenance and Care of Public Recreation Property: Maintain and care for all property
which it has acquired and which has been assigned to it for public recreation purposes.
(Amended, Ord. 714, 5-12-03)
Subd. 4. Inventories of Services: Make periodic inventories of recreation and park services which
exist or may be needed and to interpret the needs of the public to the Council.
Subd. 5. Cooperation with Other Agencies: Cooperate with other park and recreation
departments, schools and private agencies for establishment of a joint powers agreement to
provide parks and recreation services to the City residents.
City of Mounds View
405.07 405.08 (Rev. 5/03)
Subd. 6. Policies and Functions of Department: Interpret the policies and functions of the Park and
Recreation Department to the public.
Subd. 7. Capital Improvement Plans and Budgets: Advise the Council and administrator in the
preparation of the annual budget and long range capital improvement programs.
Subd. 8. Rules and Regulations: Formulate and prescribe reasonable rules and regulations for the
use of the general public of any facilities in any park area.
Subd. 9. Construction of Improvements: Advise the Council on maintaining and constructing
roadways, paths, buildings, fountains, docks, boat houses, bath houses, refreshment booths,
community center, pavilions and other necessary structures and improvements in parks. The
Commission may advise the Council on making contracts and leases for the construction
and operation of these facilities for terms not exceeding ten (10) years. Every such contract
and lease shall provide that the structure shall be operated for the public use and
convenience, and that the charges shall be reasonable, and it shall reserve to the Commission
power to prescribe reasonable rules and regulations, from time to time, for the conduct of
the privilege. (Amended, Ord. 714, 5-12-03)
Subd. 10. Communication: Communicate regularly with the City Council and Planning and
Zoning Commission through joint meetings and meeting minutes.
Subd. 11. Athletic Awareness: Be aware of the role and services provided by athletic
organizations within the community.
Subd. 12. Sanitation and Reforestation Programs: Advise the City Council regarding sanitation
and reforestation programs within the City.
Subd. 13. Other Duties: Do whatever other acts are reasonable, necessary and proper to carry out
its prescribed powers and functions as set forth herein. (1988 Code §34.09)
405.08: BUDGET AND FINANCES:
Subd. 1. Annual Presentation of Proposed Budget: The Commission, through the City Parks and
Recreation Division staff, should present, no later than August 1 of each year, a proposed
budget, in such details as the Council shall require, of the financial needs for the ensuing
fiscal year to operate and maintain the parks and open spaces, as well as provide recreation
programs. (Amended, Ord. 714, 5-12-03)
Subd. 2. Fees and Charges: The Commission shall advise the Council to establish charges or fees
for the restricted use of any facilities or to make any phase of the recreation program wholly
or partially self-sustaining. (1988 Code §34.08)
City of Mounds View
405.09 405.09 (Rev. 5/03)
405.09: RULES AND REGULATIONS: The Council may establish such rules and
regulations for the administration of this Chapter as it may deem necessary and may delegate such
rule-making authority to the Commission, and the Commission shall have power to make such rules
and regulations pursuant to delegated authority as it deems necessary for the purpose of performing
its duties as herein set forth. (1988 Code §34.10)
City of Mounds View
605.01 605.02 (Rev. 5/10)
CHAPTER 605
TREE DISEASE CONTROL
SECTION:
605.01: Plant Pest Control Program
605.02: Inspection and Investigation
605.03: Nuisances Declared; Abatement
605.04: Abatement Procedures; Assessment of Costs
605.05: Disruption of Root Grafts
605.06: Treating of Trees
605.07: Permit Requirements for Transporting Wood
605.08: Storage of Elm Wood
605.09: Violation of Provisions
605.01:PLANT PEST CONTROL PROGRAM:
Subd. 1. Authority: The City Administrator and those agents appointed by the City Administrator
are hereby empowered to conduct a program of plant pest control pursuant to authority
granted by Minnesota Statutes, section 18.022 and elimination of Dutch elm disease fungus,
elm bark beetles, oak wilt fungus and other epidemic diseases of trees. (1988 Code §92.01)
(Amended, Ord. 844, 5-20-10)
Subd. 2. Interference Prohibited: It shall be unlawful for any person to interfere, prevent or delay
the authorized parties from discharging their duties pursuant to this Chapter. (1988 Code
§92.11)
605.02:INSPECTION AND INVESTIGATION: The City Administrator or an agent:
(Amended, Ord. 844, 5-20-10)
Subd. 1. Inspection: Shall inspect all premises and places within the City as often as practicable
but not less than that required by the State1
1 M.S.A. §18.022, subdivision 9.
, to determine whether any condition described in
subdivision 605.03(1) of this Chapter exists thereon. The City Administrator shall
investigate all incidents of infestations by Dutch elm fungus, elm bark beetles, oak wilt
fungus or any other epidemic disease of trees and such factors which are potentially
contributory to the spread of tree disease. (Amended, Ord. 844, 5-20-10)
City of Mounds View
605.02 605.04 (Rev. 5/10)
Subd. 2. Right of Entry: May enter upon private premises at any reasonable time for the purposes
of carrying out any of the duties assigned to the City Administrator under this Chapter.
(1988 Code §92.02; 1993 Code) (Amended, Ord. 844, 5-20-10)
605.03:NUISANCES DECLARED; ABATEMENT:
Subd. 1. Nuisances Declared: The following are hereby declared public nuisances whenever they
may be found within the City:
a. Any living or standing elm tree or part thereof infected to any degree with the Dutch elm
disease fungus Ceratocystis ulmi (buisman) moreau or which harbors any of the elm bark
beetles Scolytus multistriatus (eichh.) or Hylurgo-pinus rufipes (marsh).
b. Any dead or dying elm tree or part thereof, including logs, branches, stumps, firewood or
other elm material from which the bark has not been removed and burned or buried.
c. Any living or standing red oak tree or part thereof, infected to any degree with the oak
wilt fungus Ceratocystis fagacearum.
d. Any diseased wood from the red oak group which, by April 1 in any given year, has not
been either debarked, burned, buried or split into quarter sections and completely enclosed
with a covering (at least 4-mil, if plastic) adequately thick and whole so as to isolate the
wood until July 15 of the year immediately following the wilting of the tree from which said
wood originated.
e. Other trees with epidemic disease or factors which are potentially hazardous to the spread
of such disease.
Subd. 2. Nuisance Declared Unlawful: It is unlawful for any person to permit public nuisances, as
herein defined, to remain on any premises owned or controlled by that person within the
City. (1988 Code §92.03)
605.04:ABATEMENT PROCEDURES; ASSESSMENT OF COSTS:
Subd. 1. Notice to Abate: Whenever the City Administrator or an agent find that nuisances, as
defined in Section 605.03 of this Chapter, exist on any public or private property in the City,
they shall notify the property owner on which such nuisances are located, by personal
service or by mail, that the nuisances must be abated within a specified time, not less than
ten (10) days from the date of service or from the date of mailing of such notice. If mailed
notice or personal service cannot be achieved, then notice may be obtained by publishing
same in the legal newspaper not less than five (5) days prior to the date that the nuisance
City of Mounds View
605.04 605.06 (Rev. 5/10)
must be abated pursuant to the notice. Oak wilt nuisances must be abated by a
predetermined date, as established by the City Council. (Amended, Ord. 844, 5-20-10)
Subd. 2. Failure to Abate; Cost Billed to Owner: If the owner shall fail to remove the nuisance(s)
from the property described in the notice, the City Administrator or an agent shall order the
work to be done, and the cost of said work shall be billed against the owner. (1988 Code
§92.05; 1993 Code) (Amended, Ord. 844, 5-20-10)
Subd. 3. Responsibility for Costs:
a. Trees which are diseased pursuant to this Chapter located on City street rights of way will
be removed at a cost of fifty percent (50%) to the owner of the abutting property with the
City assuming the remaining costs.
b. All other materials pursuant to this Chapter are the responsibility of the owner of the
abutting property. (1988 Code §92.10)
Subd. 4. Special Assessment: If the owner shall fail to pay the bill, as provided for in subdivisions
1 and 2b hereof, within ninety (90) days, the Council may then assess the amount due, plus interest,
plus costs against the property as a special assessment pursuant to Minnesota Statutes1. (1988 Code
§92.06)
605.05:DISRUPTION OF ROOT GRAFTS: Whenever a tree is found, which is actually
or potentially diseased with any disease covered in this Chapter, the City Administrator or an agent
may take whatever steps are necessary as recommended by the Commissioner of Agriculture to
disrupt all potential root grafts. This disruption shall be performed as soon as possible. The
property owner or the person in possession, if different from the owner, on which the trees stand and
adjacent property owners or the persons in possession, if different from the owner, if the disruption
procedure extends onto that property, shall be notified by personal service or first class mail that
said disruption will be done. (1988 Code §92.05) (Amended, Ord. 844, 5-20-10)
605.06:TREATING OF TREES: Whenever the City Administrator or an agent determine
that any tree or wood within the City is infected with disease-causing organisms pursuant to this
Chapter, they may treat all nearby high value trees with the appropriate chemical treatment.
Treating activities authorized by this Chapter shall be conducted in accordance with technical and
expert opinions and plans of the Commissioner of Agriculture or other State officials. The
provisions of subdivision 605.04(1) of this Chapter apply to treating operations conducted under
this provision. Treatment authorized pursuant to this provision shall be considered an emergency
1 M.S.A. §429.101.
City of Mounds View
605.06 605.09 (Rev. 5/10)
activity by the City and an attempt to abate a public nuisance, and the City, the City Administrator
or an agent, shall not be liable for any damages resulting hereunder. (1988 Code §92.07) (Amended,
Ord. 844, 5-20-10)
605.07:PERMIT REQUIREMENTS FOR TRANSPORTING WOOD:It is unlawful
for any person to transport within the City any bark-bearing wood, pursuant to this Chapter, which
is known by the City Administrator or an agent, without first having obtained a permit from the City
Administrator. The City Administrator shall grant such permit only when the purposes of this
Chapter will be served thereby. (1988 Code §92.08) (Amended, Ord. 844, 5-20-10)
605.08:STORAGE OF ELM WOOD: The storage or keeping of any elm wood with
intact bark is only permitted during the season of dormancy from October 1 to March 15. (1988
Code §92.09)
605.09:VIOLATION OF PROVISIONS:Any person violating any of the provisions of
this Chapter shall be guilty of a misdemeanor. (1988 Code §92.12)
City of Mounds View
909.01 909.02
CHAPTER 909
PARKS AND RECREATION1
SECTION:
909.01: Purpose
909.02: Definitions
909.03: Construction And Scope
909.04: Hours And Access
909.05: Permits
909.06: Special Activities
909.07: General Conduct
909.08: Traffic Rules
909.09: Penalties for Violation
909.10: Additional Rules and Regulations
909.01: PURPOSE: This Chapter is enacted to govern the conduct of members of the
public during their use and enjoyment of the Mounds View open space system so as to further the
safety, health, enjoyment and welfare of all persons in the use of those facilities and to protect
public property and resources for posterity. (Ord. 557, 3-27-95)
909.02: DEFINITIONS: As used in this Chapter, the following words and terms have the
meanings ascribed to them in this Section:
Subd. 1. DEPARTMENT: The City of Mounds View Parks and Recreation Department.
Subd. 2. DIRECTOR: The Director of Parks and Recreation - that person authorized by the
Mounds View City Council to direct the Department of Parks and Recreation.
Subd. 3. LAW ENFORCEMENT OFFICER: Any person duly deputized or commissioned by the
City of Mounds View, Board of Ramsey County Commissioners or the State of Minnesota
for the purpose of enforcing the laws, ordinances and regulations of their respective
jurisdictions.
1 See the following sections of this Code for funds: Section 203.04, Lakeside Park Fund; Section 203.05, Park and
Playground Fund; Section 203.06, Recreation Activity Fund.
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909.02 909.04
Subd. 4. MOTOR VEHICLE: Every vehicle which is self-propelled and does not derive its
power from overhead wires. Motor vehicles include, but shall not be limited to automobiles,
trucks, motor bikes, mini bikes, all-terrain vehicles and snowmobiles - with the exception of
battery powered wheelchairs.
Subd. 5. OPEN SPACE SITE: Any park, reserve, special use area, golf course, linear park or any
other area owned, improved maintained, operated or otherwise controlled by the City of
Mounds View for recreation and natural resource preservation purposes.
Subd. 6. OPEN SPACE WATERS: Any public shoreline owned by or under the authority of the
City of Mounds View.
Subd. 7. PARK: Any area designed or used for active or passive recreation and which is owned,
operated or controlled by the City or controlled by another government unit.
Subd. 8. PARK SYSTEM: The City of Mounds View Park System which includes the sites and
facilities owned, maintained, and operated by or otherwise under the authority of the City. of
Mounds View. (Ord. 557, 3-27-95)
909.03: CONSTRUCTION AND SCOPE: In the interpretation of this Chapter, all
provisions contained are to be construed as follows:
Subd. 1. Any requirement or prohibition by any provision extends to and includes the causing,
procuring, aiding or abetting directly or indirectly, of such acts; and the permitting or
allowing any minor by the responsible parent, guardian, or custodian to commit any such
act.
Subd. 2. No provision shall make unlawful any act necessarily performed by any law enforcement
officer or Department employee in the line of duty or work as such, or by any person, that
person's agents or employees, in the proper and necessary execution of the terms of any
contract or agreement with the City.
Subd. 3. Any act otherwise prohibited by statute or local ordinances, is lawful if performed under,
by virtue of and strictly within the provisions of a Department permit to do so, and to the
extent authorized thereby. (Ord. 557, 3-27-95)
909.04: HOURS AND ACCESS:
Subd. 1. The recreation and education opportunities of the system are available to all members of
the public regardless of race, sex, age, creed, national origin or place of residency.
City of Mounds View
909.04 909.05
Subd. 2. The park system shall be open to the public between the hours of six o'clock (6:00) A.M.
and ten o'clock (10:00) P.M., prevailing time in the City. No person shall remain, stop, use
or be present within the confines of any open space site between the hours of ten o'clock
(10:00) P.M. and six o'clock (6:00) A.M. Exceptions may be made at the discretion of the
Director in the case of emergency or when use permits have been authorized or for other
reasons the Director may determine necessary or desirable. Open space sites are subject to
curfew hours in force in the city.
Subd. 3. Any section or part of any open space site may be declared closed to the public by the
Director at any time or for any interval of time, either temporarily or at regular and stated
intervals, and either entirely or for certain uses as the Director shall find necessary. (Ord.
557, 3-27-95)
909.05: PERMITS:
Subd. 1. Permits are required for the exclusive use of all or portions of specific areas, buildings,
and other system facilities; and for conducting special events such as those of a cultural,
educational, political, religious or recreational nature; and for specific exemption from any
provision of this Chapter. Any person, group or association of persons required to obtain a
permit must file an application for a permit with the Director.
Subd. 2. The grantee of a permit is bound by this Chapter and any Department regulations in force
as though the same were inserted in the permit.
Subd. 3. The grantee of a permit is liable for any loss, damage or injury sustained by the system or
by any person whatever, by reason of the negligence of the person or persons to whom such
permits are issued.
Subd. 4. The grantee of a permit may not transfer or relinquish the permit to another person or
group of persons without the written permission of the Director.
Subd. 5. The Director may revoke a permit upon evidence of a violation of this Chapter.
Subd. 6. No person may disturb, harass, or interfere with the grantee of a valid permit, nor with
any of the grantee's property or equipment.
Subd. 7. Permits may be issued to adults only and an adult must be on the premises at all times
during the duration of the permit.
City of Mounds View
909.05 909.06
Subd. 8. No person or group may place or keep any goods, wares, merchandise or other articles on
park property or facilities without the written permission of the Director.
Subd. 9. No person may use park facilities such as picnic areas, ballfields, tennis courts or
volleyball courts which have been reserved by another party, or to conduct picnic activity at
reservation picnic sites in violation of a permit. (Ord. 557, 3-27-95)
909.06: SPECIAL ACTIVITIES:
Subd. 1. Swimming:
a. No person may bathe, wade or swim in any open space waters or at any Mounds View
beach except in such areas specifically designated for such use, and only at such times when
a "beach open" sign is posted and an authorized lifeguard is on duty.
b. No person may bathe, wade or swim at any beach except when dressed in bathing attire
which is socially acceptable and conducive to water safety.
c. No person may use at any beach any inner tube, water wings, raft, U.S. Coast Guard-
approved life jackets when properly attached or other inflatable or buoyant object except if
parents or a guardian adult is in the water with the child and is within arms reach.
d. No person may possess, carry onto or scatter on any beach, any glass container, broken
glass, metal can, or other debris which could be a safety hazard.
e. No person having custody of any animal may permit the animal to enter any beach area
during the swimming season so established by the Director.
f. No person may launch, dock or operate any watercraft in any designated swimming area.
g. No person may violate rules of Lakeside Park.
Subd. 2. Bicycling:
a. No person may ride or operate a bicycle in any open space site except on designated
bikeways or surfaces normally provided for vehicular traffic
b. No person may ride or operate a bicycle in violation of Chapter 169, Minnesota Statutes.
Persons riding a bicycle must observe and obey all traffic and directional signs.
City of Mounds View
909.06 909.06
c. No person may ride or operate a bicycle in any open space site except in a prudent and
careful manner, and unless such person shall be capable of effective control and operation of
said vehicle. Pedestrians and motorized vehicles shall have the right of way where a
bikeway intersects pedestrian trails or roadways.
d. No person may ride or operate a bicycle in any open space site faster than is reasonable
and safe, with regard to the safety of the operator and other persons in the immediate area.
e. No person may ride or operate a bicycle in any open space site thirty (30) minutes after
sunset and thirty (30) minutes before sunrise without appropriate front and rear lighting.
f. All bicycle riders must remain in single file and proceed in the extreme right hand lane of
a drive or bikeway at all times except when passing another vehicle or bicyclist parked or
traveling in the same direction.
g. Bicycles must be parked in locations, wherever provided, set aside specifically for their
storage.
Subd. 3. Golf:
a. No person or group of persons or organization may play golf or hold a tournament or use
any golf course or practice range under the jurisdiction of the City without having procured
a permit or green fee receipt from the Director or Director's representative.
b. No person may drive, putt or, in any other manner, play or practice golf except in areas
specifically designed for such use.
c. Valid permits or green fee receipts issued by the Department must be carried on the
player, or group representative, and must be exhibited upon demand by the Director or
Director's representative.
d. Golfers must be attired in accordance with the rules posted at the golf course.
e. No person may tamper with any irrigation system, tee marker, green flag, or maintenance
equipment.
f. No person may sell any merchandise on any golf course except those concessionaires
authorized by the Director.
g. Entrance to or exit from any golf course must only be through designated access points.
City of Mounds View
909.06 909.06
Subd. 4. Boating:
a. No person may on any lake, pond or stream within the City use any mechanically
propelled watercraft unless being used for emergency rescue or the maintenance of the lake,
pond or stream.
b. No person may operate any watercraft on any open space waters contrary to or in
violation of State law.
c. No person may operate, row or paddle a boat, canoe or other watercraft on any open
space waters unless able to handle the same with safety to themselves, other occupants, or in
such manner as not to annoy or endanger the occupants of other boats.
d. No person may leave any watercraft unattended except in areas specifically designated
for mooring, anchoring or beaching.
e. No person may operate watercraft within an area which has been designated as a
swimming area.
f. No person may drop or throw any watercraft garbage, litter or other debris.
g. All watercraft launched from a system facility or operating on open space waters must
have a Coast Guard-approved life preserver for each occupant.
h. No person may operate any watercraft in a careless or reckless manner.
Subd. 5. Motorized Recreation Vehicle:
a. No person shall operate a motorized recreation vehicle within any open space site except
in such areas specifically designated for such use.
b. No person may operate a nonlicensed vehicle on any parkway or other roadway within
an open space site.
c. No person may place any vehicle for sale or exchange on park property.
d. No person may wash, grease, repair, change oil or maintain in any way a vehicle except
as necessary in an emergency.
Subd. 6. Camping: No person may establish or maintain any camp or other temporary lodging or
sleeping place in any open space site. (Ord. 557, 3-27-95)
City of Mounds View
909.07 909.07
909.07: GENERAL CONDUCT:
Subd. 1. Defacement, Destruction of Property and Resources:
a. No person may tamper with, climb on, injure, deface, destroy, disturb, damage, move or
remove any part of any park building, portable bathrooms, structure, sign, fight pole,
drinking fountain, hydrant, picnic table, grill, trash receptacle, equipment, statue or other
property found therein. This does not prohibit appropriate use of play equipment.
b. No person may deface, disturb or remove in any manner any soil, artifact, fossil, rock or
other mineral resource.
c. No person may excavate any ditch, trench, tunnel or hole in any open space site.
d. No person may erect or maintain a shelter, hockey goals or other structures on the ice
unless the structure is portable and removed each day.
Subd. 2. Preservation of Vegetation:
a. No person may injure, cut, destroy, mutilate, uproot, disturb, or remove any flower, tree,
shrub, or any plant whether wild or cultivated, or any part thereof.
b. No person may plant or cause to be planted any wild, cultivated or exotic tree, shrub, or
plant except in specifically designated areas with the written permission of the Director.
c. No person may fell or climb any tree; pick any flowers, fruit or vegetable (not self-
grown); trample any flowers, tree seedlings, flower beds, vegetable gardens or new turf
seedlings.
d. No person may hitch any animal or fasten, anchor or otherwise attach any wire, rope,
cable, signs, posters, or other articles to any tree, shrub or plant.
e. No person may make any unauthorized use of any open space site which is detrimental to
the turf and soil conditions.
f. No person may remove any device, apparatus or material installed for the protection,
support, or preservation of any tree, shrub or plant.
g. No person may construct or place any type of structure including but not limited to deer
tree stands, playhouses, treehouses, temporary storage buildings, motorcycle or bicycle
launches, temporary shelters, tents, tarps, canopies or other such devices upon park land
without permission by the Director.
City of Mounds View
909.07 909.07
Subd. 3. Animals1:
a. No person owning, being in custody, or having control of an animal, whether wild, pet or
domestic, may cause or allow such animal to roam or be at large in any open space site.
b. No person being in custody of any animal may permit said animal to enter any beach
area, nature interpretive area, wildlife refuge, golf course or park building, whether leashed
or otherwise, except trained animals assisting handicapped persons.
c. No person in custody of any pet or animal may allow the animal to disturb, harass, or
interfere with other open space users or their property.
d. No person may feed wild animals or birds or deposit a food source for wild animals or
birds in the park system.
e. Any unattended domestic animal or pet found roaming or at large within any open space
site will be impounded.
f. All State and local ordinances relating to the licensing and muzzling of animals and pets
apply to any open space site.
g. No person may release or possess any exotic or wild animal in any open space site
without written permission of the Director.
h. It is unlawful for any person who owns, harbors, or has custody of a dog, cat or other
animal to permit such animal to defecate on any public property unless such person
immediately removes the excrement and properly disposes of it.
Subd. 4. Hunting, Fishing and Molesting Wildlife:
a. No person may kill, hunt, trap, pursue, injure, molest or unnecessarily disturb or have in
possession any species of wildlife including birds, waterfowl, fish or other animals found
within the confines of any open space site, except that fishing may be permitted in
designated areas subject to laws and regulations as established by the State.
b. No person may rob, disturb, or molest the nest, eggs or young of any birds, or other
animals within the confines of any open space site.
1 See Chapter 701 of this Code for animal provisions.
City of Mounds View
909.07 909.07
Subd. 5. Fires1:
a. No person may start or maintain a fire in any open space site except small recreational
fires in fireplaces, fire rings and grills provided for that purpose in areas specifically
designed for such use. Private grills may be used in designated areas provided that all ashes
and residue are disposed of in containers provided for such disposal.
b. Any person who starts or maintains a fire in an authorized area must exercise continuous
supervision from the time the fire is kindled until it is extinguished. No fire may cause
damage or constitute a threat to site vegetation and resources, nor may it cause discomfort to
other open space users.
c. The Director may, at the Director's discretion, prohibit fires for limited periods at any
location for any purpose when it is necessary for the continued protection of park property
and resources.
d. Minors are prohibited from possessing any means of starting a fire in City open space
sites.
Subd. 6. Waste and Litter:
a. No person may throw, cast, drop, pour, spill or discharge, or permit to escape in or upon
any land, pond, river, creek, stream, ditch, storm sewer or drain flowing into or through any
open space site, any substance, matter or thing whether solid, liquid, or gas, which may
result in the pollution of said waters, interfere with the conservation management of the
water resource, or endanger the health of the public.
b. No person may deposit in public trash receptacles any household refuse, including all
organic material resulting from the manufacture, preparation, or serving of food or food
products; spoiled, decayed or waste products from any source; bottles, cans or glassware;
paper or paper products; crockery, ashes, rags, discarded clothing, tree or lawn clippings,
leaves, weeds, waste resulting from building construction, remodeling or demolition; and
other waste products, unless such refuse is the result of activities in the park in which such
public receptacles are located.
c. No person may drop, throw or otherwise leave unattended in any open space site lighted
matches, burning cigars, cigarettes, tobacco, paper or other combustible material.
1 See Section 1002.02 of this Code, amendments to Section 11.101 of the adopted Fire Code.
City of Mounds View
909.07 909.07
Subd. 7. Firearms, Weapons, Fireworks:
a. No person may possess, fire, discharge, or set off any firearm, missile, fireworks1, or
explosives in any open space site. Permits for fireworks will only be issued upon proof of
adequate insurance and compliance with State statutes.
b. No person, except a law enforcement officer, shall possess or carry a firearm of any
description in any open space site. No person may possess or carry in any open space site
any air gun, bow and arrow, knife with a blade greater than three inches (3"), slingshot, dart
or projectile thrower, or any other dangerous or illegal weapon.
c. Any unauthorized or illegal weapon within an open space site is subject to seizure by a
law enforcement officer.
Subd. 8. Disturbing The Peace - Conduct:
a. No person, or group of persons, may disturb the peace and good order in any open space
site by either word or act.
b. No person, or group of persons, may use threatening, abusive, insulting, obscene or
indecent language or commit, perform or engage in any lewd, lascivious, obscene or
indecent act.
c. No person, or group of persons may engage in fighting, quarreling, wrangling, riotous
clamor, or tumult.
d. No person, or group of persons, may disturb, harass or interfere with any open space user
or the user's property.
e. No person may solicit or ask anyone to commit, perform or engage in any lewd,
lascivious, obscene or indecent act or behavior.
Subd. 9. Audio Devices: No person may operate or play any musical instrument, radio, television,
record or tape players, loudspeaker, public address system or sound amplifying equipment
of any kind in any open space site in such as manner that the sound emanating therefrom is
audible beyond the immediate vicinity of the set or instrument, and subsequently interferes
with the use of the open space site by other users or disturbs the residents of adjacent
property.
1 See also subdivisions 607.03.3p and 702.01.13 of this Code.
City of Mounds View
909.07 909.07 (Rev. 4/98)
Subd. 10. Loitering:
a. No person over the age of six (6) may enter any comfort station or restroom, washroom
or toilet facility set apart or designated for the opposite sex.
b. No person may lurk or loiter in or around any toilet facility or other system structure
except to use such facility for the purpose of which it is intended.
Subd. 11. Alcoholic And Intoxicating Beverages1: No person may possess, have within their
immediate control, display, consume or use intoxicating liquor or 3.2 percent malt liquor in
or upon any public park open space, except as permitted by temporary license, pursuant to
Section 503.03, subdivision 4 Temporary On-Sale License/Festival In the Park. This does
not include the sale or consumption of alcoholic and intoxicating beverages at "The
Bridges" golf course. (Ord. 618, 4-27-98)
Subd. 12. Parades, Entertainment, Public Meetings: No procession, parades, pageants,
ceremonies, exhibitions, celebration, training exercises, speeches, entertainment or other
public gatherings may be allowed to take place in any open space site or on any parkway
except with written permission of the City Council or Director.
Subd. 13. Games: No person may engage in any potentially dangerous games involving thrown
or propelled objects, such as horseshoes, golf balls, darts, or similar objects except in
appropriate areas specifically designated for such usage.
Subd. 14. Use of Tennis and Basketball Courts:
a. No person may use a bicycle, roller skates, roller blades, roller skis, skateboard or
scooter, or allow a dog to be on a color-coated tennis or basketball court surface, excluding
hockey rink pavement, which is specially designed for roller blade use.
b. No person may use a tennis court or basketball court while not wearing tennis shoes.
c. No person may play continuously upon a tennis court for more than one hour while
others are waiting to use the court.
d. No person may play hockey on a tennis court.
Subd. 15. Skateboards:
1 See Chapters 501, 502 and 503 of this Code for liquor control regulations.
City of Mounds View
909.07 909.07
a. A skateboard is a footboard or similar object mounted on wheels and designed or
intended to propel a rider by human power or force of gravity but without mechanical
assistance. The following is not a skateboard: a wheelchair operated by a disabled person.
b. It is unlawful to operate a skateboard upon a State or County road within the City.
c. It is unlawful to operate a skateboard carelessly or heedlessly in disregard of the rights of
others, or in a manner that endangers or is likely to endanger persons, property or the
operator of the skateboard.
d. It is unlawful to operate a skateboard in a place where the surface or traffic conditions
render the place unsafe for skateboarding.
e. It is unlawful to operate a skateboard on private property without the prior express
permission of the owner of the property.
f. An operator of a skateboard must yield the right of way to any other type of vehicle or a
pedestrian while the operator is entering or traveling upon a street, alley, sidewalk or bicycle
path.
g. The operation and use of skateboards is restricted to paved trails, paved hockey rinks and
paved parking lots which are unoccupied, located in the parks.
A person who violates this Section is guilty of a petty misdemeanor and may be fined up to
fifty dollars ($50.00).
Subd. 16. Advertising:
a. No person may distribute or disseminate any leaflets, pamphlets, circulars, handbills1,
advertisements or other written or printed material except with the written permission of the
Director.
b. No person may post, display, affix or attach any sign, poster, placard, notice, banner or
advertisement to any tree, building, shelter, fence, pole or other structure except with the
written permission of the Director.
c. No person may use loudspeakers, sound amplifying equipment, musical equipment or
cause any noise to be made for advertising purposes or for the purpose of attracting attention
to any exhibition, performance, event or other purpose except with the written permission of
the Director.
1 See also subdivision 607.03.3v of this Code.
City of Mounds View
909.07 909.07
Subd. 17. Unlawful Sales:
a. No person may sell, offer for sale, hawk, peddle or lease any object, merchandise or
service or carry on any manner of business or commercial enterprise except those
concessions authorized or operated by the City1.
b. No person may park or occupy a vehicle or stand to sell any farm produce, flowers,
merchandise or any other product or for conducting any business or selling of services
unless authorized by the City.
Subd. 18. Soliciting Alms: No person shall beg or solicit alms, donations or contributions without
a valid permit.
Subd. 19. Photography: No person may take any photographs, or motion or sound pictures for
commercial purposes or for use in commercial advertising except with the written
permission of the Director.
Subd. 20. Utilities:
a. The location, construction or erection of any sewer, gas pipe, water pipe, hydrant, lamp
post, telephone and electric power post, conduit, pump, lift station and other utility feature
proposed in any open space site is subject to the approval of the City.
b. No person, firm or corporation may construct or relocate any of these utility installations
or fixtures without the written permission of the Director.
c. Every person, firm or corporation who receives a contract or permit to do work must,
after such work has commenced and until the same has been completed, isolate the
construction area by security fencing, warning lights and signs, or other appropriate
measures that will protect the public from exposure to danger and prevent unnecessary
accidents.
Subd. 21. Lost And Found Articles: Lost or mislaid articles or money or personal property which
are found in any open space site shall be delivered or turned over to the Mounds View
Parks and Recreation Department. If the lawful owner of any article or money deposited
with the Department does not claim the same within a period of sixty (60) days, it may be
returned to the finder upon request.
Subd. 22. Law Enforcement Officers and Employees:
1 See Chapter 504 of this Code for peddlers, solicitors and transient merchants.
City of Mounds View
909.07 909.08
a. No person may willfully resist, refuse or fail to comply with any order, direction or
request lawfully given by any law enforcement officer or Department employee acting
under the authority of the City and in accordance with this Chapter.
b. No person may interfere with, or in any manner hinder any Department employee or law
enforcement officer during the performance of their assigned duties; nor any employee of a
contractor engaged in construction, repairing or caring for any open space site or part
thereof, or while in the discharge of duties conferred by this Chapter.
Subd. 23. Posted Regulations, Directional Signs And Graphics: No person may disregard or fail
to comply with any posted regulations, directional signs and graphics, barriers or other
control devices located within any open space site or on any parkway. (Ord. 557, 3-27-95)
909.08: TRAFFIC RULES:
Subd. 1. No person may drive or operate a motor vehicle within any open space site except upon
roadways, parking areas, parkways or other areas designated for such use. Disabled
vehicles may be moved off a paved area to allow for the continued flow of traffic but the
vehicle must be repaired or removed within two (2) hours, unless other arrangements are
made with the Director.
Subd. 2. No person may operate a motor vehicle within any open space site or on any parkway, in
violation of posted regulations and directional signs; Chapter 169, Minnesota Statutes;
County or Municipal traffic ordinances, or orders or direction of law enforcement officers or
Department employees.
Subd. 3. No person may drive or operate a vehicle on or along any roads, drives or parking lots
which have been restricted, closed or posted with appropriate signs or barricades. The
Director will have the authority to order roads, drives or parking lots within any open space
site or any roadway closed during the process of construction, reconstruction, or repair or
when in the Director's opinion, weather conditions render travel unsafe or unduly
destructive.
Subd. 4. No person may operate a motor vehicle in a careless or reckless manner or without due
regard for the safety and rights of pedestrians and drivers and occupants of all other
vehicles, so as to endanger the life, limb or property of any other person while in lawful use
of an open space site.
Subd. 5. No person may park, stop, or leave a vehicle in any open space, site or on any parkway or
parking lot between the hours of ten o'clock (10:00) P.M. to six o'clock (6:00) A.M., unless
a permit is obtained from the Director.
City of Mounds View
909.08 909.10
Subd. 6. No person may operate a vehicle in any open space site or on any parkway at a speed in
excess of fifteen (15) miles per hour or in excess of posted speed limits.
Subd. 7. No persons may operate a vehicle in any open space site which emits excessive or
irritating noise, noxious fumes, dense smoke or other pollutants.
Subd. 8. No person may wash, grease or change oil on any vehicle in any open space site. All
disabled vehicles shall quickly be made operational or removed from the open space site.
Subd. 9. No person shall park a vehicle adjacent to any curb painted yellow in any open space site.
Subd. 10. Vehicles illegally parked, disabled or abandoned may be towed away and impounded at
the owner's expense. The vehicle may be sold if unclaimed after sixty (60) days to pay
towing and storage charges.
Subd. 11. No person may drink, consume or have in their possession an open bottle or container
of an alcoholic or intoxicating beverage in any motor vehicle when such vehicle is in an
open space site or on a parkway.
Subd. 12. Vehicles must yield the right of way at all times to pedestrians.
Subd. 13. No person may participate in a drag race or test of unreasonable acceleration in any
open space site or on any parkway. (Ord. 557, 3-27-95)
909.09: PENALTIES FOR VIOLATION:
Subd. 1. Violating any of the provisions of this Chapter, shall be a misdemeanor.
Subd. 2. Any person violating any of this Chapter may be expelled, ejected or ousted at such time
from an open space site at the discretion of a law enforcement officer. (Ord. 557, 3-27-95)
909.10: ADDITIONAL RULES AND REGULATIONS: The Director may adopt
additional rules and regulations not contrary to the provisions of this Code governing the use and
enjoyment of parks, trails, playgrounds, lakes, ponds, streams and other publicly owned properties
which shall be prominently posted or publicly announced in the places where they are intended to
apply. Any person who violates a rule or regulation so posted may be excluded from the use of the
park system and may in addition be prosecuted as for a misdemeanor. (Ord. 557, 3-27-95)
City of Mounds View
1204.01 1204.02 (Rev. 7/04)
CHAPTER 1204
PUBLIC PARKS AND PLAYGROUNDS
SECTION:
1204.01: Land Acquisitions
1204.02: Dedication of Lands
1204.01: LAND ACQUISITIONS: Where a proposed park, playground, school site or other
public site, as shown on the Comprehensive Plan or Open Space Master Plan, is embraced in part or
in whole by the boundary of a proposed subdivision and such public sites are not dedicated to the
Municipality or Board of Education, such public ground shall be reserved and no action taken
toward approval of a subdivision for a period not to exceed ninety (90) days to allow the Council or
Board of Education the opportunity to consider and take action toward acquisition of such public
ground or park by purchase or other means. (1988 Code §42.12)
1204.02: DEDICATION OF LANDS:
Subd. 1. Dedication Required:
a. Pursuant to Minnesota Statutes 462.358, in all subdivisions to be developed for
residential, commercial, industrial or other uses or as a planned development which includes
residential, commercial and industrial uses or any combination thereof, a subdivider shall
dedicate a reasonable portion of each proposed subdivision to the public for public use as
parks, playgrounds, public open space, wetlands or storm water holding areas or ponds or, at
the option of the Municipality and at its sole discretion, the subdivider shall contribute an
equivalent amount in cash based on the fair market value of the land. (Ord. 474, 9-25-89;
Amended, Ord. 745, 7-26-04)
b. Cash payments so received shall be placed in a special fund7 and used only for the
acquisition of land for parks, playgrounds, public open space and storm water holding areas
or ponds, development of existing park and playground sites, public open space and storm
water holding areas or ponds and debt retirement in connection with land previously
acquired for such public purposes. Expenses incurred by the City in acquiring said cash
dedication may be deducted from said dedication before it is deposited in the Park and
Playground Fund.
7 See Section 203.06 of this Code.
City of Mounds View
1204.02 1204.02 (Rev. 7/04)
c. The Municipality, at its sole discretion, may take into consideration the open space, park,
recreational or common areas and facilities which the subdivider has reserved for the
subdivision; except, that storm water holding areas or ponds, whether required by the
Municipality or any other regulatory body, may not be taken into consideration. (Amended,
Ord. 745, 7-26-04)
Subd. 2. Determination of Dedication Procedure: Upon receipt of a qualifying subdivision, the
Council shall refer it to the Parks and Recreation Commission8. Said Commission shall
report to the Council its dedication recommendation. Upon receipt of the recommendation,
the Council shall call for either a land dedication or a cash payment, in size, location or
amount, as it determines. The Council may require a professional appraisal to determine
market value for purposes of a cash payment.
Subd. 3. Credit for Existing Single-Family Dwelling: The subdivider of any parcel of land shall
receive a credit for an existing single-family dwelling unit by excluding the acreage of the
occupied parcel remaining after subdivision from the computation of dwelling units per acre
if the parcel of land is zoned for single-family residence and has located thereon one
single-family dwelling.
Subd. 4. Dedication Amount: A reasonable portion of the land of any proposed subdivision or its
equivalent in cash shall be dedicated by the subdivider for public use. Up to ten percent
(10%) of the land of the proposed subdivision or its equivalent in cash based on the fair
market value shall constitute a reasonable portion for dedication purposes under this section.
The exact portion of land or its equivalent amount in cash shall be established by the
municipality based on the following factors:
Type of the proposed subdivision land use: residential, industrial or commercial;
The need for open space generated by the proposed subdivision;
Existence of land dedicated for public use within the proposed subdivision,
excluding areas reserved as storm water holding ponds;
Fair market value of the land;
Other relevant factors unique to a particular subdivision supporting the need for
dedication of lands for public use.
If an equivalent amount in cash from the subdivider for part or the entire portion required to
be dedicated is to be paid by the subdivider, such amount is due no later than at the time of
final approval of the proposed subdivision. (Ord. 604, 1997; Amended, Ord. 745, 7-26-04)
8 See Chapter 405 of this Code.
City of Mounds View
1204.02 1204.02 (Rev. 7/04)
Subd. 5. Dedication for Re-Subdivision: For any subdivision of a parcel on which a cash
dedication for parks has previously been made but on which an additional cash dedication is
required due to re-subdivision, the amount of cash dedication required on the re-subdivided
parcel(s) shall be based on the market value of the land at the time of re-subdivision and the
factors set forth in subdivision 4 of this Section less any applicable credit for the prior cash
dedication. (1988 Code §42.13) (Ord. 604, 1997; Amended, Ord. 745, 7-26-04)
Subd. 6. Right of Appeal: Pursuant to Minnesota Statutes, Sections 462.358 and 462.361 a
subdivider may appeal the imposition of dedication fee to the district court within sixty (60)
days of the approval of the subdivision application. The subdivider must give written notice
to the municipality regarding a proposed fee dispute prior to the final decision on the
proposed subdivision. Upon receiving the notice, the municipality shall place the disputed
fee amount in an escrow and shall continue processing the subdivision application as if the
fee had been paid. The municipality will not condition the approval of any proposed
subdivision on the subdivider’s waiver of the right to challenge the dedication fee. If the
subdivider fails to appeal the dedication fee within sixty (60) days of the subdivision
approval, or if the subdivider does not prevail on the appeal, the funds paid into escrow will
be transferred to the municipality. (Added, Ord. 745, 7-26-04)
2012 PROPOSED MEETING SCHEDULE
PARKS & REC. & FORESTRY COMMISSION
LEGEND:
REGULAR MEETING OTHER CITY EVENT CITY OFFICES CLOSED
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29 30 31 26 27 28 29 25 26 27 28 29 30 31 29 30
• Oaths of office *6-City Council work session?16-Town Hall Meeting
• Rev. City Code Chapters • Rev./Disc. PIP • Rec'd Coach of the Year • Disc. annual parks tour
• Assign YMCA Adv. Rep.• Disc. CotY award process • Rec. Ballfield Imp.-Lambert P.• Rev./Disc. PIP
• Disc. Sidewalk/Trail System • Disc. City Forestry issues • Rec. HVP Hockey Rink Imp.• Quarterly report
• Disc. Ice Rink at Hillview P.• 2011 Annual Report
• Rev. EAB Mgmt. Plan
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27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 31
• Annual Parks Tour 21-Music in the Park.19-Music in the Park.16-Music in the Park.
• Rev./Discuss 2012 Budgets • Rev. 2011 Fee Schedule • Rev./Discuss 2012 Budgets 18-Festival in the Park
• Disc. BBC funding requests • Rec. Ballfield Imp. @ Lambert P.
• Rec. HVP Hockey Rink Imp.
Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa
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• Rev./Disc. Park Imp. Prog.*1 week early due to holiday *1 week early due to holiday
• Rev. CC WS presentation • Rec'd Applicants/Officers/Reps.
• Quarterly report
***Quarterly/Annual Reports include PRF activities & financial/fund reviews***
***Park Focus singles out one park or the MVCC for Cmsn. evaluation each month***Dec 15, 2011
December '12
April '12
September '12
May '12 June '12
October '12 November '12
January '12 February '12 March '12
August '12July '12