HomeMy WebLinkAbout2015-07-08 CC Packet (*endfre CITY OF CENTERVILLE COUNCIL MEETING &
7Eihzffi*W1ff77 CLOSED EXECUTIVE SESSION AGENDA
Wednesday, July 8, 2015 — Set Agenda =Red
6:30 p.m. or shortly thereafter
OPEN FORUM 6:30 P.M.: An opportunity for members of the public to address the City Council on items not on
the current agenda. Items requiring Council action may be deferred to Staff or Boards and Commissions for research
and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct
yourself in a professional, courteous manner and refrain from the use of profanity. Failure to abide by this policy
may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign-up
sheet and give it to the Mayor or a Staff person prior to 6:15 p.m.
COUNCIL MEETING
I. CALL TO ORDER
1. Roll Call
II. PLEDGE OF ALLEGIANCE
III. APPOINTMENTS/PRESENTATION
IV. POTENTIALLY DANGEROUS DOG APPEAL
1. Ms. Mary Hennessey, 1682 Lakeland Circle—"Ty" (Pages 149)
APPROVAL OF AGENDA
VI. APPROVAL OF MINUTES
1. June 24,2015 City Council Meeting Minutes (Pages 50-53)
VII. CONSENT AGENDA
1. City of Centerville June 25,2015 through July 8, 2015
Claims (Check#29545-29564)w/Voided Check#29561) (Pages 54-55)
2. Centennial Lakes Police Department Claims through June 25, 2015 (Check
#10426-10444) (Paged 56)
3.
VIII. OLD BUSINESS
1. Parks & Recreation Committee Recommendations (Tabled/No New Info.)
a. Sledding Hill
b. Electrical Installation at Laurie LaMotte Memorial Park Pavilion
IX. NEW BUSINESS
1. Purchase Agreement,2065 Commerce Drive—Ruffridge Johnson Equipment
Company(Jon & Sophie Pederson) (Pages 57-75)
X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS
1. Council& Staff Reports
XI. CLOSED EXECUTIVE SESSION
1. 1691/1695 Main Street Purchase Agreement
XII. ADJOURNMENT
*REMINDERS**
City Council Meeting—July 22, 2015, 6:30 p.m. (Council Chambers)
Parks &Recreation Committee Meeting—July 8, 2015, 6:30 p.m. (Admin. Offices)
Planning&Zoning Commission Meeting—July 7, 2015, 6:30 p.m. (Council Chambers)
City Council Meeting—August 12, 2015, 6:30 p.m. (Council Chambers)
Lions Kickball/Softball Tournaments—July 17, 18 & 19, 2015 (LaMotte Park)
Lions Band @ Kelly's Korner—July 18, 2015, 7:30 p.m.— 12:00 p.m. (Midnight)
Fete des Lacs 5, 8K's & Kids Fun Run—July 25, 2015 (Around Centerville Lake and Out and Back)
Fete des Lacs Parade—July 25,2015, 11:00 a.m. Sharp(Main Street) (Unless otherwise re-routed)
Fete des Lacs Fireworks —July 25, 2015,Dusk—Laurie LaMotte Memorial Park
Out Run Homelessness, 5, 8K's & Kids Run/Walk—September 19,2015 (Around Centerville Lake and
Out and Back)
CHS Diamond in the Rough 5K& l OK Run/Walk—September 26,2015 (Around Centerville Lake and
Out and Back)
Centennial Flag Football—LaMotte Park Fields 1, 2 & 11 —August 1 —October 30, 2015 (Tuesdays,
Thursdays& Saturdays from 5:00 p.m.—Sunset& 8:00 a.m. —2:00 p.m.
Centennial Soccer—LaMotte Park, Fields 1, 2 & 11 —April 1 —July 31,2015 (5:00 p.m. —Sunset)
Centennial Soccer—Acorn Creek Park Field 1 —April 1 —October 30, 2015 (5:00 p.m.—Sunset)
Centennial Soccer—LaMotte Park, Fields 1, 2 & 11 —August 1 —October 30, 2015 (Mondays,
Wednesdays & Fridays from 5:00 p.m.—Sunset
Centennial Little League—LaMotte Park, Fields 3, 4 & 5—April 1 —August 1, 2015 (4:00 p.m.—Sunset),
Monday—Thursdays, 6:00 p.m.—Sunset)
6
V e/ V iffe 1880%fain.Urn4 Cmc 9"55038
Eoaffi ted M57 651-429-3232 or(Fax 651-429-8629
June 30, 2015
Ms. Mary Hennessey
1682 Lakeland Circle
Centerville, MN 55038
Dear Ms. Hennessey:
As you are aware, the Centennial Lakes Police Department designated your dog "Ty" (Beagle Mix —
DOB 09/23/2008) as Potentially Dangerous on June 4, 2015. On June 10, 2015 you filed your right of
appeal.
Your appeal will be heard by the City Council on July 8, 2015 at Council's regularly scheduled Council
Meeting commencing at 6:30 p.m. in Council Chambers of City Hall.
When you appeared at City Hall following prompting from the Centennial Lakes Police Department,
you were provided with a copy of the City Code, Chapter 90 for review.
If you desire to bring information with you for the appeal, please bring ten(10) copies.
We would appreciate a letter stating your reasons for appeal. You will also be given an opportunity to
speak before Council.
If you have additional questions or concerns,please do not hesitate to contact me.
Sincerely,
Michael Ericson
City Administrator
CC: City Attorney Glaser
Centennial Lakes Police Chief Coan
1
tV 1Vi(fe 1880 94am Std CenftnriAs,"'
EStaffished I857 651-429-3232 or 97ax651-429-
June 30,2015
Ms. Mary Miller
1677 Lakeland Circle
Centerville, MN 55038
Dear Ms. Miller:
As you are aware, on May 12, 2015 your neighbors' dog "Ty" invoked an injury on Ms. Hahn Tran's
minor child while under your care. On June 4, 2015, the Centennial Lakes Police Department
designated "Ty" (Beagle Mix — DOB 09/23/2008) as Potentially Dangerous and on June 10, 2015 the
owner of"Ty"filed for a hearing to appeal the designation.
You are being provided an opportunity to appear before Council on July 8, 2015 commencing at 6:30
p.m. in Council Chambers of City Hall to be heard regarding the above stated incident. If you are
unable to attend and you desire to forward a letter with comments, please do so to: City of Centerville,
1880 Main Street, Centerville,MN 55038.
If you have additional questions or concerns,please do not hesitate to contact me.
Sincerely,
Michael Ericson
City Administrator
CC: City Attorney Glaser
Centennial Lakes Police Chief Coan
2
6
te1 V ihhe 1880 Main StYU4 centemiTe.` ` SS038
Zsta ske .1857 651429-3232or'Fax 651-929-8629
June 30,2015
Ms. Hahn Tran
3085 Aspen Lake Drive N.E.
Blaine, MN 55449
Dear Ms. Tran:
As you are aware, your child suffered injury(ies)/stiches due to a dog bite incident that occurred on May
12, 2015 at the residence of Ms. Mary Miller, 1677 Lakeland Circle by a beagle mix named "V'that is
owned by Ms. Mary Hennessey. On June 4, 2015, the Centennial Lakes Police Department designated
"Ty" (Beagle Mix — DOB 09/23/2008) as Potentially Dangerous and on June 10, 2015 the owner of
"Ty"filed for a hearing to appeal the designation.
You are being provided an opportunity to appear before Council on July 8, 2015 commencing at 6:30
p.m. in Council Chambers of City Hall to be heard regarding the above stated incident. If you are
unable to attend and you desire to forward a letter with comments, please do so to: City of Centerville,
1880 Main Street, Centerville,MN 55038.
If you have additional questions or concerns,please do not hesitate to contact me.
Sincerely,
c .
J
Michael Ericson
City Administrator
CC: City Attorney Glaser
Centennial Lakes Police Chief Coan
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06/15/2015 15:00 7637840082 CENTENNIALLAKES PD PAGE 01/19
CENTENNIAL LAKES
POLICE DEPARTMENT
54 North Road
Cimle Fines,MN 55014
(763)784-2501 Fax:(763)784-0082
F"COVD? SAMT
To: �I.P�PSr�
Attn:
Fax #:
.From:
Date:
Time: 3 PM
Number of Pages, including Cover Sheet }
Comments-Instructions:
The information contained in this facaimile message mq be pri`nleged sad confidential. It is t*nded only
for the use of the individual or eaatity to whom it was scat Ifthe person who received tufa document is not
the bftded recipient,time any dbtnbution or capymg of this communication is prohibited. If you have
received his commmoobon m error,please notify us by telephone end ram the orlginai message to os
nmmodiately.
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06/15/2015 15:00 7637840082 CENTENNIALLAKES PD PAGE 02/19
E%CNEI)
JUN 2 a lDi;i
CEWEt VUCES
POUCT pEPARTMEIVr
REQUEST FOR APPEAL OF DAN-GEROUS/POTENTI LLY DANGEROUS
DOG CLASSIFICATION
Within 14 days return to: Chief of Police
Centennial Lakes Police Department
54 North Road
Circle Pines,MN 55014
Check appropriate box:
Please be advised of my intent to appeal this matter to
the City Council.
0 l do not intend to appeal this matter. (Please cluck appropriate
line below)
The dog in question has been:
Humanely euthanized.
Permanently removed from the city.
Brought into compliance with this declaration.
to 2a��
Signature or Date
Note: In the event that you a to eal this matter to the City Council, the City will
notify you as to the date time of hearing as well as additional rights that are
provided to you under local o mance.
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06/15/2015 15:00 7637840082 CENTENNIALL.AKES PD PAGE 03/19
►oY Add'I
CENTENNIAL LAKES POLICE DEPT. MN0020300 JCF:® Paw;
U- 15671 STEPAN,BENJAMIN J Total Velue Stolen POP*, 60.00
Aoeigned: eared:
W 06/19/2015 04:25 PM 1625 1625 1634 Tobi Arius Daereged rmpww: $0.00
Z 06/1202015 04:30 PM 04:45 PM Tofel Value Ra;overed 50.00
1=212016
Loc"on of offerawkwitleft Apt,: .
1692 LAKELAND CIR CENTERVILLE,MN 55038- 05-05
MOC C009: Clasralfbakm, C
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Incident Narrative 1
DOG BITE
Officers book a report of a dog bite incident that occurred a week prior, information was gathered and given to the CSO
W for follow up
CLEAR
7 NilAW CWM A-Adult MeoW, AC-Anes"C6taen, C-Co"khaK 0-DdW, F-Fap4ylPeren; G-Ojwdlan,J-Men0e Arrested,
M-Msrpionod,MP-MIOO1rB Psnxxt, i-Otlur Imrolved, 0.Owner, P-Passenger. PT-Papetrabr, R-Reportee, S-Suapaet, V-Vleann, W-WNness
0 Faison N ode: .
0 6udness A C TRAM,HAHN RICH
): Apt: Date OWN am amRace:
3085 ASPEN LAKE OR NE BLAINE,MN SS449- 12H911972 FEMALE OR RWCIR
Haigh WOOL Hair Color. ye color H ,Phone: ue ox:
831-407-2618
Pamrson de' Nerve: Aloe,.
e was J V VU IRAN,TAM BAO
WCity, , ab
30M ASPEN LAKE OR NE BLAINE,MN SS449- 0711312005 FEMALE ASM OR RAW...
Z Haighk Hair Colar Eye Com: HOMOISO.Phone: WWWOM Cee: GQ1VPOg9ffOX
■Persae AMU Code: Nsrne: Allm
0 Buainsw A O HENNESSEY,MARY CATHERINE
Aaffew imm QW -W^ ): .. .
1682 LAKELAND CIR CENTERVILLE,MN 55036- "IS11968 FEMALE WHITE
a g waignt Hair Color
aye color H me:
612940-0047
WrA u Copy To Cass tion:
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Page 1 of 3
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INCIDENT REPORT - NARRATIVE
AgencyName: ORI 4P Rspat DaWirnt OCA 91►
NIAL LAKES POLICE DEPT. ONO020M W1940116 04:85 PM 16100189
Narrative 2
On the above date and time,I was dispatched a phone call to Hanh Bich Tran regarding a dog bite that occurred at her day care
provider's in Centerville.
1 called and spoke with Hanh. Hanh advised she was unsure of the address,but gave me the name of Mary Catherine
Hennessey. I located the address using county wide records. Hanh stated the bite occurred last Tuesday(May 12th)between
1630 and 1645. Hanh advised that the victim was her daughter, . Hanh advised her daughter had been
playing with the dog,trying to pet it,when it bit her in the face. Hanh brought IM to the doctor where she received stitches for
her injury.
Hanh advised that she had been told by Mary that the dog was current on it's shots but Mary was unable to provide any
paperwork. Hanh stated she contacted the dog's vet clinic and was advised that it was not current on its shots. Hanh advised
that the dog is a beagle,Italian greyhound mix. Hanh stated she decided to file the report because of learning about the dog's
vaccinations not being current. Hanh advised that she has a picture from the day the injury occurred. I gave Hanh my email
address and requested she email a copy to me for the case file. 1 received a copy of the picture via email upon my return to
base late in my shift. The photo was saved to the evidence server.
I stopped by the address and attempted to make contact with Mary. I was advised that she wasn't home at that time.
requested she call me.
I received notice from dispatch of a phone call to Mary later in the shift. I called her and was advised that a bite old occur last
Tuesday. She further stated that the victim had been chasing the dog around an island in her kitchen when the bite occurred. I
informed her that a CSO would be contacting her for follow up on this case. Mary advised that she was aware of the quarantine
requirements and she had been following them since the incident. Mary advised that the dog is a 6 y/o Beagle mix named"Ty."
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06/15/2015 15:00 7637840082 CENTENNIALLAKES PD PAGE 05/19
SUPPLEMENT REPORT
Agency Nerve: 0111#: Addl USING u -r.
CENTENNIAL LAKES POLICE DEPT. MN0020300 =JCF- Pte: 15100169
ce(sl:
Z GPD36 BEAMAN,JACLYN Taal Value Stolen tom: $0.00
A
ZA~ ,
W Total Value Damaged p�wd� 50.00
DGWTR Leml DOWTIme rred:
Z Tocol Value Recoversd tv+vW: 60,00
Locatlon Of oftnesondderit APL.,
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Incklent Narrative 1
FOLLOW UP
ON 06/21/2015 AT 1331 HOURS,I CONDUCTED A FOLLOW UP AT 1682 LAKELAND CIR.
W
IT SHOULD BE NOTED THERE WAS A PRIOR DOG SITE INVOLVING THE AFOREMENTIONED DOG, OUT OF
WYOMING ON 1/17/2013.
z UPON ARRIVAL, I MADE CONTACT WITH DOG OWNER, HENNESSEY,SHE SAID SHE WAS NOT HOME WHEN
THE DOG BITE OCCURRED.SHE ALSO SAID THE BITE DID NOT OCCUR AT HER HOME,BUT AT 1677
LAKELAND CIR.
HENNESSEY SAID SHE LET THE CHILDREN FROM 1677 LAKELAND WATCH HER DOG UNDER THE HOME
OWNER,MARY MILLER, MILLER'S SUPERVISION. SHE SAID MILLER ALSO WATCHES TWO CHILDREN AFTER
MAA CDDIESR A•Adult Arrested, AC-Amsagng CM�an, C-Camplsa>onL D-DdwN, F-FamNylPoraM,D-6uardhs►, J-Juwalae An-aced,
M-Mentloned,MP-Missing Penson, I.Odw trw9hoed, O-Owner, P-Peasengor, Frr.Perp*gtor, R-Raponiee, S-Suspect, v-vwn, W-wirwee
rE
Person e. Nem-:
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F- upery'v3Gr .-
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Page 1 of 2
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06/15/2015 15:00 7637840082 CENTENNIALLAKES PD PAGE 06/19
Narrative 1 Continuation:Page 1 of 1
Case Number.15100169 Author:JACLYN BEAMAN
Sr 1L, ONE OF WHICH WAS .SHE SAID MILLER SAID111810WAS BIT WHILE PLAYING WITH TY
U, ERVISED. IT SHOULD BE NOTED 1 DID NOT TELL ANYONE ABOUT THE BITE UNTIL LATER IN THE NIGHT.
HENNESSEY SAID SHE CONTACTED ST. PAUL ANIMAL CONTROL WHO EXPLAINED THE QUARANTINE PROCESS BUT DID
NOT MAKE HER FILL OUT PAPERWORK DUE TO IT BEING OUT OF THEIR JURISDICTION, IT SHOULD BE NOTED SHE WAS
UNABLE TO PROVIDE ANY FURTHER INFORMATION ON ST.PAUL'S ANIMAL CONTROL.
I EXPLAINED THE QUARANTINE PROCESS TO HENNESSEY,AND ESTABLISHED A NEW 10-DAY QUARANTINE PERIOD
STARTING ON 5/19/2015 AND ENDING ON 5/29/2015. 1 ALSO EXPLAINED THE POTENTIALLY DANGEROUS DOG
REQUIREMENTS.HENNESSEY WAS TOLD TO FAX OVER MICROCHIP AND RABIES INFORMATION AFTER HER VET
APPOINTMENT FOR NEW RABIES VACCINATION ON 5/22/2015.
I GAVE HENNESSEY PERMISSION TO TRANSPORT TY TO PAWS PET HOSPITAL IN HUGO TO UPDATE THE DOG'S RABIES
SHOT ON 5/22/2015.
1 ATTEMPTED TO MAKE CONTACT WITH MILLER AT 1677 LAKELAND CIR BUT WAS UNSUCCESSFUL.I LEFT A BUSINESS
CARD WITH MILLER'S DAUGHTER.
QUARANTINE FORM AND PHOTO LOG ATTACHED.PHOTOS TAKEN AND UPLOADED TO CLPD SERVER.
PENDING FURTHER FOLLOW UP.
CSO BEAMAN
#302
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06/15/2015 15:00 7637840082 CENTENNIALLAKES PD PAGE 07/19
SUPPLEMENT REPORT
Agorrcy Name: Add'Iar:
CENTENNIAL LAKES POLICE DEPT. MN0020300 JCF: per: 16100169
Z
6307 WfRESSELL,JOE Tohl VNua Stolen(wwy>: s0.00
H Afffirad:
W Totel Valu.Damaped pmperq+l: s0.00
tllestOmaw..
2 Total Vvlua Recovered(prep": $0.00
.� �• Ate.
MOC Code• Gaaailiwltion• ;
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WlWdent Narrative 1
ON 05-22-20151 WAS RECEIVED A PHONE CALL FROM HENNESSEY REGARDING SOME CONCERNS SHE HAD
WITH THE QUARANTINE PROCESS.
HENNESSEY CALLED TO ADVISED THAT SHE WILL BE IN ROCHESTER NEXT FRIDAY(05-29-2015)FOR A
CLOSE RELATIVES WEDDING AND SHE WAS CONCERN WHETHER OR NOT IT WAS ALRIGHT FOR HER TO
BRING HER DOG.
Z I NOTICED THAT CLPD HAS NOT RECEIVED THE VACCINATION RECORDS YET FOR HER DOG"TY."i ADVISED
HENNESSEY THAT I WILL NEED HER TO SEND ME VACCINATION RECORDS IN ORDER FOR HER TO BRING
HER DOG.
HENNESSEY ADVISED THAT TY HAD ALL OF HIS SHOTS UP TO DATE AS OF THIS MORNING AND THAT SHE
WAS GOING TO FAX THE INFORMATION OVER TO ME AFTER WE SPOKE ON THE PHONE.
AU1W C OM, A-Adult A"Mmi, AC-A"w"COMM C-CompMhMmt. 0-0rMr F-FcmlylPWOK 0-ou"em, J-JwaMN Ansstcd
M-Mem ioned,INP-Mbft PNW. I.09m l?"KA d. 0-Owner, P-Paccenger, PT-PerpaCMor, R-Repwtn, S-Suspect, V-Victim, W-W*wm
Person Code: Now Alm,
❑Bueinecs
Addhss +zior Am: MAN Of x
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p Parson J Alias:
❑susiness
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Ams ,C*OWTIFT Dees eoa
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Wr to:
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Page 1 of 2
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Narrative 1 Continuation:Page 1 of 1
Case Number: 15100169 Author:JOE WRESSELL
A' :D HENNESSEY THAT IT WAS ALRIGHT FOR HER TO BRING TY WITH HER AS LONG AS SHE MEETS THE
El EMENTS FOR THE POTENTIALLY DANGEROUS DOG ORDINANCE AND HAS PROOF OF VACCINATIONS.
ENNESSEY BEGAN TO GO INTO DETAIL ABOUT THE INCIDENT AND ADVISED THAT SHE STILL DOES NOT KNOW WHAT
.APPENED. SHE WANTED ME TO NOTE THAT TRAN"APOLOGIZED TO HER"ABOUT THE INCIDENT WITH THE
4TERPRETATION THAT TRAN'S DAUGHTER PROVOKED THE DOG.
ADVISED HENNESSEY THAT SHE WILL NEED TO CONTACT CSO BEAMAN OR FREDERICKSON IF SHE HAD ANY
:ONCERNS ABOUT THE INCIDENT SINCE THEY SPOKE TO THE VICTIM AND ARE IN THE PROCESS OF INVESTIGATING
HE CASE.
IENNESSEY APOLOGIZED AND ADVISED THAT SHE WILL CONTACT CSO BEAMAN OR FREDERICKSON.
IENNESSEY WAS GIVEN PERMISSION BY ME TO TAKE HER DOG OUT OF.TOWN WITH HER AS LONG AS SHE MEETS THE
.EQUIREMENTS FOR THE POTENTIALLY DANGEROUS ANIMAL ORDINANCE AND PROVIDES PROOF OF VACCINATIONS.
:SO BEAMAN AND FREDERICKSON NOTIFIED.
:ASE PENDING.
:SO WRESSELL
301
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SUPPLEMENT REPORT
Agency Name: t ; Adirl 9030 Number
CENTENNIAL LAKES POLICE DEPT. MN0020300 JCF:E]Apt.- : 0 15100169
0 ak
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6807 WRESSELL,JOE Total Value Stolen pvnwyl; =0.00
Oft • =ww
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O s cohmMui
ZTotal Value Recovered F.,.4: 50.00
Mao Grid:
MOC Code: ch"Mcadon. mon:
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Incident Narra*m 1
ON 05-28-20151 RECEIVED AN EMAIL FROM HENNESSEY WITH TY'S VACCINATION AND MICRO CHIP
RECORDS ATTACHED.
TY WAS VACCINATED ON 05-22-2015 FROM PAWS PET HOSPITAL IN HUGO. MICROCHIP NUMBER 028610610.
HENNESSEY WANTED TO NOTE THAT SHE WILL BE UNAVAILABLE ON SATURDAY AND THAT HER
NEIGHBORS WERE GOING TO TAKE CARE OF THE DOG WHILE SHE IS AWAY. I ADVISED THAT IT WAS FINE
Z AS LONG AS THE POTENTIAL DANGEROUS DOG REQUIREMENTS ARE MET.
HENNESEY REQUESTED AN APPEAL FORM, I ADVISED THAT CSO BEAMAN AND FREDERICKSON WILL SEND
THAT TO HER ONCE THE QUARANTINE HAS ENDED AND THAT THE FOLLOW UP HAS BEEN CONDUCTED.
INFO PASSED TO CSO BEAMAN AND CSO FREDERICKSON,
N AC COM A-Adult Masted, AC-Ane tg Cnnn, C-ComPle mK 0.0"vor, F-FwWPttitarp, G-Guardian,i•Juvenile Anoered,
M-Menfoned,MP-Wising Pelson. I-Otor Involved. O-Owner, P-Psmnper, PT-PmP*aW, R-Reportee, S-Suspect, V-V ciim, W-WNrmm
Pwwn J/U: C0 . Name:
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Narrative 1 Continuadon: Page 1 of 1
Case Number: 15100169 Author:JOE WRESSELL
:Q OF RECORDS ATTACHED.
:LEAR,
:SO WRESSELL
301
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SUPPLEMENT REPORT
Agency Name: ORI 0: .
CENTENNIAL LAKES POLICE DEPT. MN0020300 JCF:0 Patel. 16100169
ORsWkV Offlcer(sV
Z GPD36 BEAMAN,JACLYN Total Value Stolen pro"): $0.00
t— Date Reponft ved: Cleared:
w Total Value Damaged(Pr pww: $0.00
Total Value RmvwW i $0.00
Loewon OftnewinoWeit Apt: Oft
MOC Code: Clessilicallon: Dlspoaltbn:
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Incident Narrative 1
FOLLOW UP.
ON 6/212015 AT 1225 HOURS, I MADE CONTACT VIA PHONE WITH MILLER.
W
MILLER WAS UNABLE TO PROVIDE ANY NEW INFORMATION REGARDING THE DOG SITE,
AT 1345 HOURS, I ATTEMPTED TO MAKE CONTACT WITH HENNESSEY AT HER HOME, BUT WAS
z UNSUCCESSFUL.
INFORMATION FORWARDED TO CSO WRESSELL FOR FURTHER FOLLOW UP.
PENDING FURTHER FOLLOW UP.
LODE& A-Aduft Mn ad, AC-Arras ft CWftn, C-CoR*W1m . D-Drlvw. F-Fw*/Parerd. G-Guwdlon, J..NrvanOa Masted,
M-Mwftned,MP.MlWng Person, I-Olhw Involved. O-Ownw, P-PawwW, PT-Perpevator, R-Reporl". S-Suspect, V-Vk tn, W-Wanees
Parson NJAJ: amee Aller:
MENEM
Adftw(West.CW ftft.❑easiness
). Apt: Race:
Helont weight Hair Color Eye Color. KomaGF&Phone: us. arc
Pww MEN Alles:
y ❑Business
WKddrew beet.CJty, , P: Apt,: arc: Race:
He sight: Hair Color or. HomelBus. W ue.Cell: axONENESS:
❑Person Code: Nemo:
❑qualm"
Ad*as-TSM Cly,State. ): ApL: Debb ex: Rem
"l1t; 7r. Eye Color Momelfts.Phone: WoWlilus,Cet Cawageffax
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Narrative 1 Continuation:Page 1 of 1
Case Number:15100169 Author:JACLYN BEAMAN
C'- 'SEAMAN
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06/15/2015 15:00 7637840082 CENTENNIALLAKES PD PAGE 13/19
SUPPLEMENT REPORV
Agency NaM. am 0: 10411010 NUMVW-
CENTENNIAL LAKES POUCE DEPT. MN0020300 JCF:❑ paw
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IncMeftt Narrative 1
FOLLOW UP.
ON 6/4/2015 AT 0946 HOURS, I WROTE HENNESSEY A LETTER WHICH EXPLAINED HER DOG,"TY", IS
W DECLARED POTENTIALLY DANGEROUS. I ATTACHED WITH THE LETTER THE POTENTIALLY DANGEROUS
DOG REQUIREMENTS,APPEAL FORM,CITATION#020399000363,AND A LETTER EXPLAINING THE CITATION.
CITATION#020399000363 ISSUED TO HENNESSEY FOR ORD 90.10 SUB J,ATTACK BY AN ANIMAL.
lZ2
COPY OF OFFICIAL LETTER,CITATION,AND CITATION LETTER ATTACHED.
PENDING FURTHER FOLLOW UP.
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Page 1 of 2
16
06/15/2015 15:00 7637840082 CENTENNSALLAKES PD PAGE 14/19
Narrative 1 Continuation:Page 1 of 1
Case Number: 16100169 Author.JACLYN BEAMAN
#30"
17
06/15/2015 15:00 7637840082 CENTENNIALLAKES PD PAGE 15/19
Avid
3185 Hamner Ave., Norco CA 92860 Tel 800/336-2843 Fax 9511737-8967
www.AvidID.com PETtraa@AvidlD.com
etet�
Hennessey, Mary P ETtrac Data
1682 Lakeland Circle
Centerville,MN 55038 Verification
tes�
Keeping your information updated allows us to contact you as soon as your lost pet is found. Your pet s
has been registered in PETtrac,the 24/7 pet recovery service,since we received your initial information.
In order to provide this protection for your pet,it's our policy to have your initial information scanned into
our system within 24 hours of receipt.
We realize that families move to new homes so we are following up with this verification to make sure
your records are correct and up to daze. Please verify your information and if corrections are necessary
please return it by mail or fax. Keep this form for your records if no changes are required.
Please contact Avid as soon as possible should your current information change. A processing fee of
$6.00 is required for change of information. 0 your pet has a change in ownership,a new registration is
required for the new pet parent which costs$19.95. There is no fee for correcting typographical errors.
Registration Membership# 4315851 L Member Since Dec 2010
Owner Name Mary Hennessey
Address 1682 Lakeland Circle Home
Centerville,MN 55036 Work 951947 4792
FCellax 692940 0047
Email mcmhannes
SeyogmaN.com Fax
Alternate Name Mary MINer
Contact Address 1677 Lakeland Circle Home 651407 6976
Centerville, MN 55036 Work -
Emall cmzrnhChuno.com FCax 651 206 0278
Vet/lmplanter Name Dr.Heldl Johnson
Facility PAWS Pat Hospital Phone 8514001160
Address 4644 Victor Path Fax
Hugo, MN 55038
Email
Pet Microehip 028610610 Spades Dog Gender M
Name 7y Breed Beaglelltellan Greyhound
Markings Color black,brown,white
Medication Vectra 3D,Interceptor
Other Data
May U.2015 (date 0"W)
18
06/15/2015 15:00 7637840082 CENTENNIALLAKES PD PAGE 16/19
Avid
3185 Hamner Ave., Norco CA 92860 Tel 8001336-2843 Fax 951/737-8967
www.AvidiD.com PETtrac@AvidlD.com
Hennessey, Mary P ETtrac Data
1682 Lakeland Circle
Centerville,MN 55038 Verification
I.I�I�d�I�I1��rrrll�InlrlJ��l :®e
t;lt�
Keeping your information updated allows us to contact you as soon as your lost pet is found. Your pet
has been registered in PETtrac,the 2417 pet recovery service,since we received your initial information.
In order to provide this protection for your pet,it's our poky to have your initial information scanned into
our system within 24 hours of receipt.
We realize that families move to new homes so we are following up with this verification to make sure
your records are correct and up to date. Please verify your information and N corrections are necessary
please return it by mail or fax. Keep this form for your records N no changes are required.
Please contact Avid as soon as possible should your current information change. A processing fee of
$6.00 is required for change of information. 0 you pet has a change in ownership,a new registration is
required for the new pet parent which costs$19.95. There is no fee for correcting typographical errors.
Registration Membership# 4315051 L Member Since Dec 2010
owner Name Mary Hennessey
Address 1642 Lakehnd Circle Home
Centerville,MN 55038 Work 951947 4792
Cell612940 Q047
Email mcmhennesseyegmall.com Fax
Alternate Name Mary Miller
Contact Address 1677 Lakeland Circle Home 651 407 6976
Centerville, MN 55038 Work
Cell 651 206 0279
Email cmzmhQjuno.com Fax
Vet/implanter Name Dr.Heidi Johnson
Facility PAWS Pet Hospital Phone 651400 1180
Address 4644 Victor Path Fax
Hugo, MN 55039
Email
Pet Microchip 029610610 Species Dog Gender M
Name Ty Brood Beaple/Itallan Greyhound
Markings Color black,brow. white
Medication Vectra SD,Interceptor
Other Data
Mir 26,2015 (wee wwad)
19
06/15/2015 15:00 7637840082 CENTENNIALLAKES PD PAGE 17/19
Community Service Officer Beaman#302
Centennial Lakes Police Department
54 Noah Road
Circle Pines MN 55014
Ph: 763-784-2501
Jbeaman@clpdmn.com
Ms.Hennessey
1682 Lakeland Cir
Centerville MN,55038
On 05/19/2015 at 4:25PM,I responded to your residence in regards to a dog bite incident that
involved your Beagle mix,Ty.Based on accounts from both you,and the victim who was harmed
I reasonably believe Ty bit the child without provocation.Below you will:find the city ordinances
you are being cited for.
Per City of Centerville's Ordinance 90.10 Subd.J,Attack by an Animal,it sball be deemed an
unlawful act by any animal owner in the event their animal inflicts or attempts to inflict bodily
injury upon any person or other animal.The owner is held strictly liable for the actions of its
animal whether or not the owner is present.
The ordinance is available for you to review online at www.cIW=.Qgm and I recommend that
you review it.Enclosed you will find citation for the above violation.
If you have any further questions,you can reach me at the above methods of contact.
Community Service Officer Beaman
#302
20
06/15/2015 15:00 7637840082 CENTENNIALLAKES PD PAGE 18/19
Centennial Lakes Police Department
54 North Road
Circle Pines MN 55014
Ph:763-784-2501 Fax: 763-784-0082
Mary Hennessey
1682 Lakeland Cir
Centerville MN,55038
Dear Ms.Hennessey,
On May 19th,2015 your dog,"Ty"a-6 year old male Beagle mix,was involved in a bite incident.
(Centennial Lakes police Department ICR#15.100169).You are hereby notified pursuant to City
Ordinance that your dog is designated a POTENTIALLY DANOM US,ANIMAL.
Pursuant to City Ordinance,an owner of a potentially dangerous animal shall be required to
annually register the dog with the City as a poteasially dangerous animal and provide proof of
vaccinations to the city.The owner shall provide and maintain a proper enclosure(see attached
ordinance).,Also,the dog must be muzzled,restrained by a substantial chain or leash(not to
exceed 6 feet in length),and under the physical restraint of a person 16 years of age or older if
outside the proper enclosure.Pursuant to City Ordinance,you must obtain microchip
identification for your dog if you already do not have it.
Enclosed is a check list of the Potentially Dangerous Dog Requirements for the cities of Circle
Pines,Lexington,and Centerville.Please read and understand these requirements.If you wish,to
appeal the designation,the form must be sent to the Centennial Lakes Police Department and to
City Hall.An.Animal Control Officer will follow up within two weeks to make sure you have
completed the requirements.
Sincerely,
James Con Jaclyn Beaman
Chief of Police Community Service Officer
21
06/15/2015 15:00 7637840082 CENTENNIALLAKES PD PAGE 19/19
Centennial Lakes Police Department
NO'T'ICE OF ANIMAL QUARANTINE
Centennial Lakes Police Department
54 North Road
Circle Pines,W 55014
(763)7842501
case# l 1 oo t G1
Date/Time ofBite• 0511OL11ir ( �_(o 3 �eof Complaint: y��ql� l�
Address/Location of•Bit®: b�2 I.a s— L: V;A e MO
MUM' You are to qua m ine the involved animal at the agreed location below for 10_ Lp S•
During this paiod the animal should have no contact with any other animals. The animal may only be outside
the location for short periods of time and must be physicelly restrained by the owner on the property of the
quarantine location. The animal shall not leave the quarandne location without HFUM perniis,�ion of the
Centennial.LaiFef Police Departniant You are to contact the Police Department immediately if there is any
change in the animal's behavior during this period. If the Officer believes the animal cannot be effectively
quarantined at the owRees residence, or the owner cannot provide proof of current rabies vaccination,
the animal will be taken to Ottear Lake,A,nfimal Care Center and the owner will be responsible for any and
all costa The animal must have current rabies vacckation and a current City Rceztse by the end of the
quarantine period.
owner's Signatare:X
Location of Quarantine:I�S(L ulaxdEl� �,r �
Dates of Quarantine: From 4Lq
45-- To .� (5....
Animal Quarantined: Dog Cat Other
color.•&wt ad• g _
Nemo: .
I have Inspected the animal at the end of the quarantine period and find as follows:
Condition ofAWmal:
City/License# Year Expo:
Potentially Dangerous Dog: _Yes No
cso:
Date:
22
animal into custody pending the outcome of the appeal. After appeal, if the animal is ordered into
custody for destruction, the owner shall immediately make the animal available to the Animal
Control Officer, and at the owners request and expense,destruction shall be stayed for fourteen
days.
(6)No person shall harbor an animal after it has been found to be dangerous and ordered into
custody for destruction.
(7) The animal owner shall bear all of the costs of these proceedings, board and care for an animal
taken into custody, and other related expenses incurred by the City.
(E)Exemptions to Animal Designation. Animals may not be declared potentially dangerous or dangerous if
the threat, injury, or damage was sustained by a person:
(1) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by
the owner of the animal;
(2) Who was provoking,tormenting, abusing, or assaulting the animal or who can be shown to have
repeatedly, in the past, provoked,tormented, abused, or assaulted the animal; or
(3) Who was committing or attempting to commit a crime.
(F)Rental Property-Disclosure Required A person who owns a potentially dangerous animal or a
dangerous animal, and will reside in rental property must disclose whether such an animal will be kept
on the premises for any period of time. The animal owner must notify the rental property owner that a
designated animal will be kept on the premises and shall also disclose all conditions imposed by the City
related to that designation. This disclosure must occur immediately upon an animal designation imposed
by the City, or before the animal owner enters into a lease or begins residing at such a premises. Proof of
this disclosure must occur before the owner's animal registration with the City will be granted or
renewed.
(G)Stopping an Attack. If any police officer or Animal Control Officer is witness to an attack by an animal
upon a person or another animal, the officer may take whatever means the officer deems appropriate to
bring the attack to an end and prevent further injury to a victim.
(H)Notification of New Address. The owner of an animal which has been identified as dangerous or
potentially dangerous shall notify the Animal Control Officer in writing if the animal dies or is to be
relocated from its current address or given or sold to another person. The notification shall be given in
writing within 30 days of the death or at least 14 days prior to the relocation or transfer of ownership.
The notification shall include the current owner's name and address,the relocation address and the name
of the new owner, if any.
(I) Animals Transported Into The City.No person shall bring into the City an animal which has previously
been declared by another jurisdiction to be dangerous.No person shall bring into the City an animal
which has previously been declared by another jurisdiction to be potentially dangerous,without first
75 1 Page
23
(b) When unprovoked, chases or approaches a person,including a person on a bicycle, upon
the streets, sidewalks or any public or private property, other than the animal owner's
property, in an apparent attitude of attack; or
(c) Has the known propensity,tendency or disposition to attack while unprovoked,causing
injury or otherwise threatening the safety of humans or domestic animals.
(3) PROPER ENCLOSURE. Securely confined indoors or in a securely locked pen or structure
suitable to prevent the animal from escaping and to provide protection for the animal from the
elements. A proper enclosure does not include a porch, patio or any part of a house, garage or
other structure that would allow the animal to exit of its own volition or any house or structure in
which windows are open or in which door or window screens are the only barriers which prevent
the animal from exiting. The enclosure shall not allow the egress of the animal in any manner
without human assistance.
(4) PROVOC 1770N. "Provocation"or"provoked"means an act that an adult could reasonably
expect may cause an animal to attack or bite.No act by a child that causes an animal attack or
bite is provocation under this ordinance.
(B)Designation as Potentially Dangerous Animal.
The Animal Control Officer shall designate any animal as a potentially dangerous animal upon receiving
evidence that the animal has committed an act meeting the definition of a"potentially dangerous animal."
(1) When an animal is declared potentially dangerous,the Animal Control Officer shall order the
immediate imposition of the following conditions:
(a) The owner of an animal designated as potentially dangerous must have a microchip
implanted in the animal for identification, and the name of the microchip manufacturer
and identification number of the microchip must be provided to the Animal Control
Officer. If the microchip is not implanted by the owner, it may be implanted by the
Animal Control Officer. In either case, all costs related to purchase and implantation of
the microchip must be borne by the animal's owner.
(b) The owner must provide and maintain a proper enclosure for the potentially dangerous
animal.
(c) If the animal is a dog and is outside the proper enclosure the dog must be muzzled,
restrained by a substantial chain or leash(not to exceed six feet in length), and under the
physical restraint of a person 16 years of age or older. The muzzle must be of a design as
to prevent the dog from biting any person or animal, but will not cause injury to the dog
or interfere with its vision or respiration.
(d) In addition,the owner of an animal declared potentially dangerous shall annually register
the animal with the City and be issued a Certificate of Registration stating that the animal
72 1 P a g
24
CENTENNIAL LAKES POLICE DEPT. MN0020M JCF:® Pages: ® * 1 3 0 1 3 1 5 0
19480 KRUYER,ANGELA Total Value Storm p pwerw): $0•00
W 01/17/2013 04:37 PM 1637 1637 1703 Total Value Dantagsd(Piopergi): $0.00
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V TOW Value Reoovwed rmw m; $0.00
Z_
Location of en • eft
1671 HUNTERS TRL CENTERVILLE,MN 66038- 06-06
MOC Cade: Classification: Disposition:
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Incident Narrative 1
DOG BITE
MALE IN THE 1600 BLOCK OF HUNTERS TRL CALLED REGARDING A DOG BITE. PHOTOS OF THE BITE WERE
TAKEN. DOG WILL NOT BE DEEMED A DANGEROUS DOG.
CLEAR.
o:
z
MOI E COVE& A-Adult AnesW, AC-Arresdng Guam, C-Camplehert. D-Driver, F-Fwn1y/PweK G-Gmdan, J-Juvenile Artssled,
M-Mentioned,MP-MkWng Person. 1-Other invdved 0-Owney P-Paaasrgm PT-Perpetrslm, R-Repartee, S-Suspect, V-VkAkn. W-Witness
Person
eusinae A C GLAESER,MICHAEL JOHN
. 13810 Of Eft'. SM
1671 HUNTER TRL CENTERVILLE,MN 55038- 9/7/1966 MALEWHITE
Height: ye Color Ho us.From Worknilus. ax:
6124069188
■Personam,
,^ Businea eA M HENNESSEY,MARY CATHERINE
Dab of BM: Sax mases .
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1682 LAKELAND CIR CENTERVILLE,MN 56038- 4/1611968 FEMALE
Height H*Coiw. >" us. me
Pam^
NJAJ: Code: AN$: INNER
❑&m*was J M
1671 HUNTERS TRL CENTERVILLE,MN 56038- 08/07/2001 MALE
Eye r. arc
812.806-9166
A copy o: Reletscl Case um
Page 1 of 3
1
— � 25
• INCIDENT REPORT - NARRATIVE
Agency Name: ORI#. Report DaWrim. OCA#:
CENTENNIAL LAKES POLICE DEPT. MN0020300 01/17/2013 04:37 PM 13013150
Incident Narrative 2
ON THE AFOREMENTIONED DATE AND TIME I WAS DISPATCHED A CALL REGARDING A DOG BITE.
I SPOKE WITH MICHAEL GLAESER WHO STATED HIS SON 81M WAS BITTEN BY HIS EX-WIFE'S DOG. MICHAEL
STATED HE PICKED UP 1111001 FROM SCHOOL AND WAS INFORMED OF THE BITE BY THE DOG.
MICHAEL ALLOWED ME TO SPEAK WITH ON"REGARDING THE BITE.
(QAW SHOWED ME THE BITE AREA ON HIS RIGHT FOREARM. 433M STATED HE WAS ON HIS MOM'S BED
DOING SOME SCHOOL WORK WHEN THE DOG JUMPED ON THE BED. 600 STATED HE SHOVED THE DOG
AWAY WITH HIS FOOT AND THE DOG BIT HIM ON HIS ARM.
Qj�STATED HE WAS NOT TEASING THE DOG BUT JUST WANTED HIM OFF THE BED. AND MICHAEL
BOTH STATED THE DOG HAS BITTEN HIM IN THE PAST BUT IT HAS NOT BEEN REPORTED TO THE POLICE.
MICHAEL WANTED THE INCIDENT REPORTED AS HE BELIEVES THE DOG IS DANGEROUS.
THE BITE AREA OF WX00 ARM HAD NOT BROKEN THE SKIN.
MICHAEL STATED THAT HIS EX-WIFE, MARY HENNESSEY, HAS BEEN MADE AWARE OF THE CALL. MICHAEL ALSO
STATED THAT THE DOG AT ONE TIME WAS REMOVED FROM THE HOME DUE TO A BITE IN WHICH UUNM WAS
TAKEN TO WYOMING HOSPITAL. THIS BITE WAS NOT REPORTED TO POLICE BUT DOCUMENTED BY WYOMING.
I SPOKE WITH CSO HATTSTROM IN REGARDS TO THIS INCIDENT. CSO HATTSTROM STATED THAT DUE TO THE
FACT THAT THE INJURY WAS NOT SUBSTANTIAL THIS INCIDENT WOULD NOT BE INVESTIGATED FURTHER AS THE
CITY ORDINANCE STATES"WITHOUT PROVOCATION BY A VICTIM INFLICTED SUBSTANTIAL BODILY HARM ON A
HUMAN BEING." THE INJURY WOULD NOT BE CONSIDERED SUBSTANTIAL BODILY HARM IN THIS CASE AS IT
APPEARED AS A SCRATCH WITHOUT BREAKING THE SKIN.
PHOTOS WERE DOWNLOADED TO THE SERVER AND LOG IS ATTACHED.
CASE CLOSED.
I
I
I
I
26
To:Joe Russel Page 1 of 8 2015-06-18 13:58:13(GMT) 16512033507 From: Matt Beck
FAX COVER SHEET
TO Joe Russel
COMPANY Centennial PD
FAXNUMBER 17637840082
FROM MattBeck
DATE 2015-06-18 13:50:22 GMT
RE Ty Hennessey
COVER MESSAGE
Hi Joe,
Attached are the records from the date we knew about the bite incident.There is the
contact we had with the owner(and parent of the girl bitten)that shows Ty was overdue
on Rabies at the time of the bite. He was in for a visit after that to update everything and
that records is attached as well, including the current due dates for everything as well.
Please let us know if you have any further questions.
Thanks,Angie
WWW.METROFAX.COM
27
To:Joe Russel Page 2 of 8 2015-06-18 13:58:13(GMT) 16512033507 From:Matt Beck
P.A.W.S.Pet Hospital, PLLC
4644 Victor path
Hugo,MN
(651)400-1180
06/18/2015
Hennessey. MaW ly
Acct Number. 915 Patient 1D:A Medical Alert:
Address........: 1682 Lakeland Circle Sex.......: MN Weight: 24 lbs.
Centerville,MN 55038 DOB....: 09/23/2008 A 6 ears and 9 months old
Phone............: H:{ ) - W:( ) - ext: geed....: y
Cell Phone....: ( ) - ext; Species.: 'Canine Breed...: Beagle Mix
Chronic Meds._...:
Chronic Cond.....:
Outstanding Balance: $ 0.00 Heartworm Meds.:Interceptor
Vaccine Name: Date Due: Date Given: Vaccine Name: Date Due: Date Given:
Rabies Vaccination 05/22/2018 05/22/2015 Heartworm/Tick Disease Screen 08/18/2015 08/1812014
DAPPV Annual Annual Physical Exam 11/19/2015 11/19/2014
Bordetella Vaccination 12/20/2014? 12/20/2013 Intestinal Parasite Screen 12/30/2014? 07/03/2014
Lyme Annual Leptospirosis Annual
05126/2015 Recheck Call
CC on 5/28/15®7:24pm and LM retuming call. Asked O to CB to discuss. MABDVM
05/29/2015 RX#:38537 Heartgard Plus Chews Filled By:VetSource Expires On: 11/25/2015
0-25 lbs 12-Pack
Give one(1)tablet orally every 28 days(once monthly).
05/26/2015 RX#:38419 Fluoxetine 10mg Filled By: Target Expires On:
(Prozac)(Capsules)
Give 1 capsule by mouth once daily.
05/26/2015 Note Fluoxetine RX issues Provider: Angie Novatney
Noticed today 5/26/2015 that there is a fax for Prozac/Fluoxetine for Ty,this was from Friday
5122/15 and is stated this is the second request.There was also a copy printed out on the front
desk along with a written rx created on 5-21-2015.There was also a written RX created on 5-17-
2015...plus an actual RX sent home from PAWS on 5-16-2015.
Called Target Pharmacy in Lino Lakes where the RX was from...they still have not received a
response from us regarding the RX.
Briefly discussed the confusion and OKd the RX with ONE refill
RX Prozac/Fluoxetine 10mg Caps: Give 1 cap PO g24hrs Qty:90 Refills: 1 Dr.Beck
Added in a new RX for today...as this is the current and most valid RX
ARNCVT
05/26/2015 Note Fluoxetine RXs Provider: Angie Novatney
5-17,
05/22/2015 Recheck Vaccination Follow-Up
5123/15 @1:30pm LMOM told to call with concerns KWP
05/22/2015 RX#:38371 Heartgard Plus Chews Filled By:VetSource Expires On: 11/18/2015
0-25 lbs 12-Pack
Give one(1)tablet orally every 28 days(once monthly).
mformahon :ar Ty Henn(!:,5�y
Page / of 6
28
To:Joe Russel Page 3 of 8 2015-06-18 13:58:13(GMT) 16512033507 From:Matt Beck
P.A.W.S.Pet Hospital,PLLC
4644 Victor Path
Hugo,MN
(651)400-1180
06/18/2015
05/22/2015 SOAP Vaccines,NT Provider. Larissa Labo
s: History:
,.5:.
PRIMARY CONCERN(CSVDIEDU/Lumps/itching): Doing
okay.Is not quarantined anymore.O said she keeps him in the
kennel if she is not home and he is on a leash with her.
MEDICATIONS: Fluoxetine 10mg: 1 SID Needs FTP,HWP ,
Are there any new concerns or questions you have?
NT,Order HWP online
O: Exam:
**Muzzled**
Temp:102.2 degrees(very nervous)
HR:90 bpm
RR:panting
Wt:24#
Exam:
BAR
BCS 6.5/9
Ears:WNL-no debris
Eyes:WNL-no discharge
Oral:WNL-moderate amount of tartar
Heart:WNL-no murmur heard
Lungs:WNL-clear
Skin:WNL-soft and clean coat
Labs:
4DX:Negative
A:Assessment:
Ty appears to be otherwise healthy on today's visit. Please
keep in mind that things may change rapidly with our pets,and
your cognizant efforts help in retaining such a healthy status. If
there are any changes or concerns that you are noticing with Ty
please let us know. We are here to be of assistance and help in
minimizing any issues that may come up.
P: Plan:
1.Vaccines:
-Nobivac DAPPV RFSQ.Ser#02121631 B Exp:6-9-16
Info rit Mahon for Ty i'enness2y
Page 2 of 6
29
To:Joe Russel Page 4 of 8 2015-06-18 13:58:13(GMT) 16512033507 From: Matt Beck
P.A.W.S.Pet Hospital,PLLC
4644 Victor Path
Hugo,MN
(651)400-1180
06118/2015
-Nobivac RV.RRSQ.Ser#5413125 Exp:5-3-16
-Nobivac CIRDC IN Ser#00514325C Exp:9-22-16
-Bordetelia,parainfluenza,k9 adenovirus type 2
-NT;did well for the NT,O requested after clipping the trails if
we could dremmel.Ty did not appreciate the dremmel and did
try to bite with muzzel on.BUCVT
2.BX:
-Bravecto 500mg:22-44#(O tried to give Ty at clinic and he
would not take it,advised O give it to him at home where he is
more comfortable)BUCVT
-Heartguard 0-25#QTY:12(vetsource)
3,Cli,-ntGnmmunicatinn-
'-Gave O MC number,she will need to contact AVID if she has
more information as we did not give MC.
-12:OOPM:Called Mary and let her know 4dx was negative,she
should receive the HG in about a week or so(12mo)supply.
Mary also stated that Ty did eat the Bravecto in peanut butter.
BUCVT
Pian:
O to monitor for vaccine reactions.Will call tomorrow to see
how doing after vax.
LLVT/BUCVT
05/22/2095 Recheck Prevention Refill Monthly
05/22/2015 Service Bravecto 500mg 22-44ibs QTY: 1
05/22/2015 RX#:38370 Bravecto 500mg 22-44lbs QTY: 1 Provider:
Expires On:05/21/2016 «EMPLOYEES_M.PREFIX\P1
Give one chew tablet every 12 weeks for flea and tick control/prevention. \L51JL\T»
«EMPLOYEES_M.FIRST_NAM
E\P1\L20\JLIT>>
«EMPLOYEES_M.LAST_NAM
E\P1\L25WL\T>>
05/22/2015 Service Nobivac CIRDC-Annual QTY: 1
It is not uncommon for a dog to be a little sleepy or not as active after a vaccination. Sometimes they
will be sore where the injection was given. Abnormal reactions to vaccines include swollen eyelids or
lips and difficulty breathing or swallowing. Please call the clinic if you notice any of these symptoms.
05/22/2015 Service Nail Trim-Canine QTY: 1
05/22/2015 Service Nobivac DAPPV-3 Year QTY: 1
It is not uncommon for a dog to be a little sleepy or not as active after a vaccination. Sometimes they
will be sore where the injection was given. Abnormal reactions to vaccines include swollen eyelids or
lips and difficulty breathing or swallowing. Please call the clinic if you notice any of these symptoms.
05/22/2015 Service Nobivac Rabies-3 Year QTY: 1
It is not uncommon for a dog to be a little sleepy or not as active after a vaccination. Sometimes they
will be sore where the injection was given. Abnormal reactions to vaccines include swollen eyelids or
lips and difficulty breathing or swallowing. Please call the clinic if you notice any of these symptoms.
irl""Inmatir.11 for Ty 'Hennessey
Page 3 of 6
30
To:Joe Russel Page 5 of 8 2015-06-1813:58:13(GMT) 16512033507 From: Matt Beck
P.A.W.S.Pet Hospital,PLLC DOB: 09/23/2008
Sex: MN
Ty Hennessey Species: *Canine
I0: A Bared: Beagle Mix
Weight: 24 lbs.
Canine 4DX
Date Sample Collected: 05/2212015
Results: Heartworm Positive Negative
Lyme Positive 0 Negative
Erlichia ❑
Positive ❑Negative
Anaplasma❑Positive Negative
Abnormalities Observed:
PERFORMED BY:
05/22/2015 Service Canine 4DX QTY: 1
SNAP
0512212015 08:51 AM
AP spp Negative
EC-EE Negative
HW Negative
Lyme Negative
05/21/2015 RX#:38353 Fluoxetine 10mg Filled By:Target Expires On:
(Prozac)
Give one capsule by mouth once daily
05/17/2015 Recheck Call
5-18-15 mary emailed
Thanks Michelle. 1 worked with Sarah on Saturday night and the urgent care vet wrote and filled one
for me. He's covered! I am coming in this Friday to have him vaccinated-and hopefully see you!
31
To:Joe Russel Page 6 of 8 2015-06-18 13:58:13(GMT) 16512033507 From: Matt Beck
PAWS.Pet Hospital, PLLC
4644 Victor Path
Hugo,MN
(651)4004180
06/18/2015
I sense a dinner is in order!
Kind regards,Mary
05/14/2015 Recheck Call
Emailed O regarding the bite incident:
1 heard we had a bit of an incident. Ty should be quarantined to his home for 10 days. Once that
period is up,we can get him up to date on his vaccinations. His RV was technically due back in
December. It is very likely that he is still adequately covered due to him having had 2 vaccinations
previously that were done in the correct time manner. We could check a rabies titer on him to be
certain if you are running into any issues with the family. Once we can get tion back in for
vaccinations,we will do an annual booster with both the rabies and distemper to be on the safe side.
I am working UC this week primarily. I will be in Monday,Wednesday and Thursday evenings,if you
have any other questions.
Emailed again and said that the Rx should go through. 1 have a written script that she can PU if
necessary as well.MABDVM
05/1712015 RX#:38229 Fluoxetine 10ing Filled By: (None) Expires On:
(Prozac)(Capsules)
Give one capsule daily by mouth.
05/16/2015 Service Fluoxetine 10mg(Prozac) QTY: 90
(Capsules)
05/16/2015 RX#:4431 Fluoxetine 10mg(Prozac) QTY: 90 Provider.
Expires on: (Capsules) <<EMPLOYEES_M.PREFIX\P1
Give one capsule by mouth once daily 1L5\JL\T»
<<EMPLOYEES_M.FIRST_NAM
E\I'1\L20\JL\T»
<<EMPLOYEES M.LAST NAM
E\P1\L25\JL\T»
05/13/2015 Note Bit a child last night Provider. Jennifer Renstow
Ms Hanh Tran called to verify vaccines.Pt had bit her daughter last night resulting in an ER visit
and sutures.At the time O had told Ms Tran pt was up to date a vaccines which is what she told
the ER.
Advised Ms Tran to call Animal Control or Police Dept to report the bite,inform Animal Control that
Rabies is not current and see what they wish to do about the situation.
Ms Tran worried about daughter and Rabies,advised she call her doctor's office or the hospital to
get their advise.
Bite happened to Hanh Tran's daughter last night Her phone#952-594-9237
JRCVT
5/13/15 @5:52pm
Mary called in because she would like to get her dog in for vaccinations. She did let me know that
Ty did bite her neighbor's friends daughter last night and the daughter did go to the ER for
stitches. Mary states that the neighbor came over to get the dog so her daughter and daughters
friend could play with him. The friend attempted to pick Ty up numerous times and he did growl
and warn and the final straw was him biting her. I let her know that unfortunately we cannot
vaccate right away she has to wait for the quarantine period to be over. I suggested that Mary call
the O's of the child to see what steps she has taken thus far and she also may have to call animal
control. CK
5-18-15 @ 8am:Mary emailed:
Michelle,
Enfor mahon for 'y Hennessey
Page 5 of 6
32
To:Joe Russel Page 7 of 8 2015-06-18 13:58:13(GMT) 16512033507 From:Matt Beck
P.A.W.S.Pet Hospital,PLLC
4644 Victor Path
Hugo,MN
(651)400-1180
06118/2015
This is good to hear as I am on track with the quarantine. The mother(Ranh Tran)of the daughter
MW who was bitten never called animal control,but t did after speaking with one of your
technicians. 1 wanted to be proactive and certain about what 1 needed to do as the pet owner. l had
a good conversation and given specific details on the quarantine and communications with the
mother.
Ty has been in the house with me or kenneled when I am not home. I have only had him on the
leash to go outside in our yard;otherwise,he's back inside with me. I have been in contact with
Hanh each day to find out how 00 is doing and to share Ty's disposition.00 was put on the rabies
vaccine since the bite was on the face(short distance to travel to brain). She Is doing well with no
adverse reactions to the vaccine or the bite. Ty has been Just fine,showing no behavior out of his
norm. Hanh has been relieved to get this report each day.
As mentioned,l will bring him in on Friday to get his vaccines as the 10 day quarantine will be
completed.
Kind regards,Mary
For any questions on Ty's health, please call(651)4004180.
dr)forrratton to iy Hennc:ss!v
Page 6 of 6
33
To:Joe Russel Page 8 of 8 2015-06-18 13:58:13(GMT) 16512033507 From:Matt Beck
1 f ► 1 k OA.W.S.Pet HosF3ftal,PLLC
4644 Victor Path
Hugo,MN 55038
(651)400-1180
httpJAvww.PAWSPetHospital.com
Reminder Status Report
(Date Printed:Thursday,June 18,2015)
Mary Hennessey (#915)
1682 Lakeland Circle
Centerville, MN 55038
Ty (#A)
Breed:Beagle Mix Coat Color:Tri-Color
Microchip#:028610610 avid Rabies Brand Name:Rabies
?' Rabies Serial Number:S414184C Rabies Tag Number:3980
Sex:MN Species:*Canine
Tattoo#: Weight:24.0000 lbs.
Age:6 years and 8 months old
Vaccines and Reminders
DUE DATE DUE DATE
Bordetella Vaccination:12/2012014 Intestinal Parasite Screen:12/30/2014
Heartworm/Tick Disease Screen:8/18/2015 Annual Physical Exam :11/1912015
CIRDC Vaccination:5/21/2016 DAPPV(3yr):5122/2018
Rabies Vaccination:5/22/2018
Page 1 of 1 Deaktop:Prorit Desk
34
TTI'LE IX: GENERAL REGULATIONS
Chapter
90. ANIMALS
91. HEALTH AND SAFETY; NUISANCES
92. PARKS AND RECREATION
93. STREETS AND SIDEWALKS
94. SPORTING,ATHLETIC AND MUSIC EVENTS
35
CHAPTER 90: ANIMALS
Section
General Provisions
90.01 Dogs and other animals
90.02 Wild or dangerous animals
90.03 Farm animals
90.04 Diseased animals—disease control
90.05 through 90.09 reserved for future use
90.10 Dangerous and potentially dangerous animals
90.11 Summary destruction
90.12 through 90.89 reserved for future use
90.90 Civil Actions
90.97 Applicability
90.98 Penalty for Violation
90.99 Continuing Violation
GENERAL PROVISIONS
§90.01. DOGS AND OTHER ANIMALS.
(A)Definitions. The following words,terms and phrases, when used in this chapter, shall have the meaning
ascribed to them in this subdivision, except where the context clearly indicates a different meaning:
ANIMAL means all animals, whether wild or domestic, including but not limited to dogs and cats.
ANIMAL CONTROL AUTHORITY means the city, acting through its employees or officials,the
police department, or any person or organization appointed by city council for the purpose of enforcing
this chapter.
ANIMAL CONTROL OFFICER means all employees of the police and public works departments, or
any other person or employee of an organization appointed by the city council for purposes of enforcing
this chapter.
ANIMAL SHELTER means any premises designated by the city council for the purpose of impounding
36
AT LARGE means an animal off the owner's premises and not under the control of the owner, a member
of the owner's immediate family, or person in control of the animal either by leash, cord or chain, or
similar physical restraint.
FARMANIMALS shall mean those animals commonly associated with a farm, ranch or stable or
performing work in an agricultural setting. These animals shall include but are not limited to chickens,
ducks,geese, horses, cows, sheep, goats,pigs(including Vietnamese pot-bellied pigs), and llamas.
KENNEL means any place where four or more dogs over the age of six months are kept, owned,
boarded, bred or offered for sale.
OWNER means a person who harbors, feeds,boards, possesses, keeps or has custody of an animal.
PET SHOP means any establishment,whether non-profit or for profit, engaged in the business of
breeding,buying, selling or boarding animals of any species.
VETEREVARYHOSPITAL means any establishment maintained and operated by a licensed
veterinarian for the diagnosis and treatment of diseases and injuries of animals.
(B)Animal licensing/Identification. Animals that are permitted in the city are not required to obtain a
license, however all dogs over the age of six months shall have an identification tag affixed to a collar
which indicates the owner name, address and a contact phone number.
(C)Licensing Pet Shops&Kennels. Pet shops and kennels shall require a license from the City. It is
unlawful to operate a kennel in any residentially zoned district.Pet Shops and kennels are permitted in
certain zoning district but require a conditional use permit.
(D)License validity;fees. Licenses shall be issued as follows:
(1) All fees will be established from time to time by ordinance or resolution of the city council.
Licenses may be issued at any time during a license period, provided that the fees set forth in this
section shall be prorated on the basis of the number of months remaining in any such period.
However the minimum fee shall be no less than the licensing fee for a six month period. For this
purpose fifteen days or more shall be construed a full month. Application for license shall be
filed on the appropriate forms provided by the city.
(2) Kennel licenses. No kennel license may be issued or renewed unless the applicant has a valid
conditional use permit for the facility.
(3) The commencement and ending period of licenses shall be set out in the ordinance or resolution
that establishes fees for such license. Licenses shall be valid for a period of two years.
37
(1) It is unlawful for any animal to defecate on public property or the private property of another,
without the owner or person in control of the animal immediately removing the excrement and
disposing of it in a sanitary manner.
(2) It is unlawful for any animal to be in or upon any city park, street, sidewalk or trail property
unless owner or person in control of the animal restrains it by a leash or the animal is housed in a
portable crate or kennel, and unless the owner or person in control of the animal has a bag or
other receptacle for the collection and proper disposal of the animal's excrement in their
possession.
(3) It is unlawful for any animal to be at large. An owner or person in control of the animal is
responsible under this chapter for any animal that is at large.
(4) It is unlawful to possess more than three dogs,three cats,or three of any other type of animal or
in combination a maximum of four animals over the age of six months to be kept on any property
in the city, except in a location where a licensed pet shop or kennel is allowed or other
exceptions as specifically set forth in this chapter.
(5) It shall be unlawful for any animal to habitually or frequently bark or cry; to frequent school
grounds; to chase vehicles;to molest or disturb any person if such person is not on the property
of the owner or custodian of such animal;or to molest, defile or destroy any property,public or
private. It shall be the obligation and responsibility of the owner or custodian of any animal in
the city to prevent such animal from committing any act which constitutes a nuisance.
(6) It is unlawful for the owner or person in control of the animal to permit such unsanitary
conditions on a premise that the maintenance or keeping of the animal creates danger or odors to
the annoyance of the public in the vicinity. Failure on the part of the owner or custodian to
prevent their animal from committing an act of nuisance shall be a violation of this section.
Exceptions. The provisions of 1 and 2 do not apply to a guide dog accompanying a blind person, a
service dog accompanying a disabled person, or a dog engaged in police or rescue activity.
(F)Seizure of animals.
(1) The Animal Control Officer may seize animals for reasons specified in this chapter. The animal
Control Officer shall immediately seize any potentially dangerous animal or dangerous animal if:
(a) The animals is not validly registered,the owner does not secure proper liability coverage,
or the animal is not sterilized within 14 days after the owner is provided notice of the
animal's designation; or
38
(2) If an owner of a dog is convicted of a crime for which the dog was originally seized,the court
may order that the dog be confiscated and destroyed in a proper and humane manner, and that the
owner pay the costs incurred in confiscating, confining,and destroying the dog.
(G)Impoundment; notice to owner; disposition of unclaimed animals. Unrestrained animals may be taken by
any officer and impounded in an animal shelter. Impounded animals shall be kept for not less than five
days unless reclaimed by their owners. If the owner can be identified by registration, identification tag,
or by other means,the Animal Control Officer shall immediately, upon impoundment,notify the owner
by telephone, mail or personal contact of such impoundment. Animals not claimed by their owners
within five days may be humanely disposed of by any person or agency delegated by the city council to
exercise such authority. Any animal which is in the city that has been critically injured may be
immediately and humanely euthanized by an Animal Control Officer or by a veterinarian.
(H)Reclamation,pound fees. Impounded animals may be reclaimed by their owners after payment is made
to the city of a pound fee, in addition to boarding and other costs. All fees in the city will be established
from time to time by ordinance or resolution of the city council, or such expenses as otherwise set by
market rates where establishing fees are not practical.
(I) Alternative to impoundment;proceedings against owner. Notwithstanding other provisions of this
section, if an animal is found at large and its owner can be identified and located, such animal need not
be impounded but may, instead, be taken to the owner. In such case, however, proceedings may be taken
against the owner for violation of this chapter.
(n Female animals in heat.Every female animal in heat shall be confined in a building or other secure
enclosure, in such a manner that the female animal cannot come into contact with another animal, except
for planned breeding.
(K)Care of and cruelty to animals. No person shall fail to provide any animal with sufficient food and
water,proper shelter and veterinary care when needed.No person shall beat, cruelly treat,torment or
otherwise abuse any animal or cause or permit any dogfight, cockfight, bullfight or other combat
between animals or between animals and humans.No person shall abandon an animal.
(L)Quarantine of biting animals. Any animal which bites a person shall be quarantined for such time as
may be directed by the city. During quarantine the animal shall be securely confined. At the discretion
of the police chief the quarantine may be on the premises of the owner. However, if the police chief
requires other confinement,the owner shall surrender the animal for the quarantine period to an animal
shelter or shall, at his own expense, place it in a veterinary hospital.
(M) Destruction of animals suspected of being rabid No person shall kill any animal suspected of
being rabid except after the animal has been placed in quarantine and the diagnosis of rabies made by a
licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall
39
such powers. [Such person may be appointed as a Reserve Officer to the police department for the
purpose carrying out the duties set forth in this section.]
(0)Interference with Animal Control Officer or police officer. No person shall interfere with, hinder or
molest any Animal Control Officer or police officer in the performance of any duty, or seek to release
any animal in the custody of the Animal Control Officer or police officer except as provided in this
chapter.
§90.02. WELD OR DANGEROUS ANIMALS.
(A)Prohibited species. No person shall harbor, maintain or control any wild, dangerous,or non-
domesticated animal within the city. These shall include,but are not limited to,the following animals:
(1) Any animal which possession is prohibited by state or federal law.
(2) Any non-domesticated animal or species, including but not limited to the following animals:
(a) Any non-human member of the family Primate(i.e., monkey).
(b) Any cat of the family Felidae(i.e.,tiger, bobcat), except domesticated cats known as
Felis catus.
(c) Any canine of the family Canidae(i.e.,wolf, coyote), except domesticated dogs known as
Canis lupus familaris.
(d) Any canine resulting from crossbreeding with a coyote or wolf.
(e) Any snake of the family Viperidae(i.e., rattlesnake, cobra), or any snake of the family
Boidae(i.e., boa constrictor,python).
(f) Any carnivorous reptile(i.e, alligator, crocodile, gila monster).
(g) Any poisonous or stinging insect(i.e., scorpion).
(h) Any skunk,whether captured in the wild, domestically raised, descented or not
descented,vaccinated against rabies or not vaccinated against rabies.
(i) Any raccoon, opossum, porcupine or badger.
6) Any bear.
(3) Other animals. Any other animal which by its size, vicious nature or other characteristics which
are inherently dangerous to human beings; any other animal which is commonly considered wild
and not domesticated; or that because of its odors, cries or similar characteristics is not
compatible with urban living.
(4) Any animal, including dogs known as Canis lupus familaris, that meets the definition of a
dangerous animal contained in this chapter and is not otherwise permitted by this chapter.
40
(2) No more than two honey bee colonies shall be allowed,
(3) Hives shall be setback from property lines a minimum of 25 feet,
(4) Applicant must document at least 16 hours of training in beekeeping, and
(5) The colony shall be maintained in good order and not be a nuisance to any member of the public.
(C)Compliance with section. Anyone keeping or maintaining any animal prohibited by this chapter as of
January 1, 2012, has 30 days in which to comply with the provisions of this section. Extensions beyond
30 days may be granted by the city council in its sole discretion for animals that have been previously
permitted by the city.
§90.03. FARM ANIMALS.
(A)Farm animals shall only be kept in an agricultural district of the city or on a residential lot of at least ten
acres in size, and provided that no animal shelter shall be within 300 feet of an adjoining piece of
property. Animal feedlots as defined in MN Rule 7020.03 are prohibited.
(B)Backyard Chickens. Notwithstanding other provisions of this Chapter, a person may keep up to four(4)
female chickens on a parcel that they own that is less than ten acres in size, provided that the owner has
a lot with a minimum of 10,000 square feet, and obtains a backyard chicken permit from the City. No
permit shall be issued except in compliance with this Section.
(1)Definitions.
COOP means the structure for the keeping or housing of chickens permitted by the
ordinance.
HEN means a female chicken.
ROOSTER means a male chicken.
RUN means a fully-enclosed and covered area attached to a coop where the chickens can
roam unsupervised.
(2) Any person desiring to obtain a backyard chicken permit under this subdivision must make a
written application to the City Clerk on a form provided by the City and pay an application fee.
Fees to be charged for the permit to keep chickens shall be set by City Council on the fee
schedule. The application must include a scaled diagram or site plan that shows the location of
the chicken coop including the distance of the coop from adjoining structures and property lines
and the coop's dimensions.
41
.(4) The City may revoke a permit for failure to comply with provisions of this section or any of the
permit's conditions.
(5) The city may inspect the premises for which a permit has been granted in order to ensure
compliance with this subdivision. If the city is not able to obtain the occupant's consent to enter
the property, it may seek an administrative search warrant or revoke the permit.
(6) All chickens must be kept in an enclosed coop or enclosed run. The chicken's living area must be
maintained in a clean and sanitary condition, devoid of all rodents and vermin and free from
objectionable odors. Waste must be disposed of on a weekly basis. Grains and feed must be
stored in rodent and raccoon-proof containers inside of a structure. The,enclosed coop must be
built to protect the chickens from extreme heat or cold. The enclosed coop must be maintained in
good condition and be sufficient in strength and size to allow the chickens to move about,but
also able to prevent escape. The enclosed coop must have a minimum size of four square feet per
animal and must not exceed forty(40) square feet in total,with a maximum height of twelve(12)
feet. The enclosed coop must be located in the rear yard and set back at least 25-feet from any
residential dwelling and at least 15-feet from all property lines and may not be located in a utility
or drainage easement.
(7) Enclosed runs shall be attached to the coop. Fencing shall be adequate to keep chickens in and
predators out. The coop and attached run shall be a maximum of 40 square feet each and set
back at least 25 feet from all neighboring residential structures and 15 feet from the property
line.
(8) Chickens must not be raised or kept for the purpose of fighting. No permit will be granted by the
city to keep any chickens within a dwelling or garage, nor on a property which contains two or
more dwelling units. No outdoor butchering of chickens is allowed. No roosters are allowed.
(9)No person shall allow any chicken under his or her ownership or control to violate Chapter 7,
Nuisances.
(10) Persons that intend to no longer keep chickens on their premises shall notify the City. The
coop must be removed upon expiration of the permit.
(11) Dead chickens must be disposed of according to the Minnesota Board of Animal Health
rules which require chicken carcasses to be disposed of as soon as possible after death, usually
within forty-eight (48)to seventy-two(72)hours.Legal forms of chicken carcass disposal
include offsite burial, offsite incineration or rendering, or offsite composting.
Ord. 2d#63, adopted 05/08/2013
A AA A I TTf'IT l"IT T� •1TT�t T L1 T�YlY1 [TT /�l11TTT AT
42
personal possession or possession on one's premises. Only a licensed veterinarian may harbor a diseased
animal for either medical or treatment purposes.
(B)Confinement. Any animal reasonably suspected of being diseased and presenting a threat to the health
and safety of the public may be apprehended and confined as directed by an Animal Control Officer.
The officer shall have a qualified veterinarian examine the animal. If the animal is found to be diseased
in a manner so as to be a danger to the health and safety of the city, the officer shall cause the animal to
be euthanized and shall properly dispose of the remains. Reasonable efforts will be made to notify the
owner or keeper of the animal prior to the euthanasia. The owner will be liable to pay the cost of
maintaining and disposing of the animal, plus the costs of any veterinarian examinations.
(C)Release. If the animal, upon examination, is not found to be diseased within the meaning of this section,
the animal shall be released to the owner upon payment of the costs associated with the examination.
(D)Vaccination of animals. No person shall keep any animal over six months of age within the city limits
without having obtained a certificate from a qualified veterinarian showing the animal has a current
rabies vaccination. The owner may affix a permanent tag to the collar of a dog or cat, which tag shall
show the expiration date of the rabies vaccination. The owner may choose not to put a rabies tag on a
dog or cat but must be able to prove the animal has a current rabies vaccination by presenting a rabies
certificate.
§§90.05 THROUGH 90.09 RESERVED FOR FUTURE USE
§90.10. DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS.
(A)Definitions.
(1) DANGEROUS ANIMAL. An animal which has:
(a) Without provocation by a victim, inflicted substantial bodily harm on a human being on
public or private property;
(b) Killed a domestic animal without provocation while off the owner's property; or
(c) Been found to be potentially dangerous, and after the owner has notice that the animal is
potentially dangerous,the animal aggressively bites, attacks or endangers the safety of
humans or domestic animals.
(2) POTENTIALLY DANGEROUS ANIMAL. An animal which has:
43
(b) When unprovoked, chases or approaches a person,including a person on a bicycle,upon
the streets, sidewalks or any public or private property, other than the animal owner's
property, in an apparent attitude of attack;or
(c) Has the known propensity,tendency or disposition to attack while unprovoked, causing
injury or otherwise threatening the safety of humans or domestic animals.
(3) PROPER ENCLOSURE. Securely confined indoors or in a securely locked pen or structure
suitable to prevent the animal from escaping and to provide protection for the animal from the
elements. A proper enclosure does not include a porch,patio or any part of a house, garage or
other structure that would allow the animal to exit of its own volition or any house or structure in
which windows are open or in which door or window screens are the only barriers which prevent
the animal from exiting. The enclosure shall not allow the egress of the animal in any manner
without human assistance.
(4) PROVOCATION. "Provocation" or"provoked" means an act that an adult could reasonably
expect may cause an animal to attack or bite. No act by a child that causes an animal attack or
bite is provocation under this ordinance.
(B)Designation as Potentially Dangerous Animal.
The Animal Control Officer shall designate any animal as a potentially dangerous animal upon receiving
evidence that the animal has committed an act meeting the definition of a"potentially dangerous animal."
(1) When an animal is declared potentially dangerous,the Animal Control Officer shall order the
immediate imposition of the following conditions:
(a) The owner of an animal designated as potentially dangerous must have a microchip
implanted in the animal for identification, and the name of the microchip manufacturer
and identification number of the microchip must be provided to the Animal Control
Officer. If the microchip is not implanted by the owner, it may be implanted by the
Animal Control Officer. In either case, all costs related to purchase and implantation of
the microchip must be borne by the animal's owner.
(b) The owner must provide and maintain a proper enclosure for the potentially dangerous
animal.
(c) If the animal is a dog and is outside the proper enclosure the dog must be muzzled,
restrained by a substantial chain or leash(not to exceed six feet in length), and under the
physical restraint of a person 16 years of age or older. The muzzle must be of a design as
to prevent the dog from biting any person or animal, but will not cause injury to the dog
44
is potentially dangerous. The owner shall pay the City the current registration fee as
established by ordinance or resolution.
(e) The City may order any additional conditions which it finds just and appropriate to
protect public safety and welfare from the dangerous nature of the animal.
(C)Designation as Dangerous Animal. The Animal Control Officer shall designate any animal as a
dangerous animal upon receiving evidence that the animal has committed an act meeting the definition
of a"dangerous animal."
(1)Authority to Order Destruction. The Animal Control Officer, upon determining that an animal is
dangerous hereunder, is authorized to order the destruction of animal. An order for destruction
can only occur if one or more of the following acts occurred:
(a) The animal is dangerous as demonstrated by vicious attack,an unprovoked attack, an
attack without warning, attack with multiple bites, or multiple attacks,or where more
than one animal participated in the attack; or
(b) The owner of the animal has demonstrated an inability or unwillingness to control the
animal in order to prevent injury to persons or other animals.
(2)Dangerous Animal Registration Requirements. If the Animal Control Officer does not order the
destruction of an animal that has been declared dangerous, an order for the following conditions
shall be immediately imposed:
(a) That the owner provides and maintains a proper enclosure for the dangerous animal;
(b) Post the front and the rear of the premises with clearly visible warning signs, including a
warning symbol to inform children that there is a dangerous animal on the property;
(c) Provide and show proof annually of public liability insurance in the minimum amount of
$300,000.00;
(d) If the animal is a dog and is outside the proper enclosure,the dog must be muzzled,
restrained by a substantial chain or leash(not to exceed six feet in length), and under the
physical restraint of a person 16 years of age or older. The muzzle must be of a design as
to prevent the dog from biting any person or animal, but will not cause injury to the dog
or interfere with its vision or respiration;
(e) The animal must have an easily identifiable, standardized tag, identifying the animal as
dangerous, affixed to its collar at all times;
45
Officer. In either case, all costs related to purchase and implantation of the microchip
must be borne by the animal's owner;
(g) An owner of a dangerous animal must renew the registration of the animal annually until
the animal is deceased. If the animal is removed from the jurisdiction, it must be
registered as a dangerous animal in its new jurisdiction;
(h) An owner of a dangerous animal shall sterilize the animal at the owner's expense. If the
owner does not have the animal sterilized within 30 days,the animal control authority
shall seize the animal and have it sterilized at the owner's expense; and
(i) The City may order any additional conditions which it finds just and appropriate to
protect public safety and welfare from the dangerous nature of the animal.
(D)Procedure For Animal Designation. The Animal Control Officer, after having made findings,
designations, or issued orders under this ordinance shall proceed as follows.
(1) The Animal Control Officer shall cause one owner of the animal to be notified in writing or in
person of any findings, designations or orders relating to the animal. This notice shall contain a
statement of reasons describing the facts used to make a designation or order by the Animal
Control Officer. The notice shall also describe the owner's right of appeal to the City. Written
notice shall be sent by certified mail to the last known address of the owner as determined by
animal license records or the location of an attack. If no owner can be ascertained,the animal
shall be destroyed.
(2) An owner shall be given fourteen(14) days to appeal a designation or order by requesting a
hearing before the City Council. If no appeal is filed within the requisite time period,the
designation or order issued against the animal will stand and shall remain in effect for the life of
the animal.
(3) If an owner timely files an appeal from a designation or order of the Animal Control Officer,the
hearing shall be held before the City Council which shall set a date for the hearing not more than
three weeks after demand for the hearing. The City Council may delegate this hearing to be
heard before a designated hearing officer. The records of the Animal Control Officer or any
government agency shall be admissible for consideration during the hearing without further
foundation. A copy of these records shall be made available to the owner at least one week
before the hearing. The City shall notify any victim of an attack by the animal of the hearing
date and time.
(4) During the hearing, a finding by the Animal Control Officer shall be presumed correct but is
subject to review. After considering the evidence and statements of the parties, the City Council
46
animal into custody pending the outcome of the appeal. After appeal, if the animal is ordered into
custody for destruction, the owner shall immediately make the animal available to the Animal
Control Officer, and at the owners request and expense, destruction shall be stayed for fourteen
days.
(6) No person shall harbor an animal after it has been found to be dangerous and ordered into
custody for destruction.
(7) The animal owner shall bear all of the costs of these proceedings,board and care for an animal
taken into custody, and other related expenses incurred by the City.
(E)Exemptions to Animal Designation. Animals may not be declared potentially dangerous or dangerous if
the threat,injury, or damage was sustained by a person:
(1) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by
the owner of the animal;
(2) Who was provoking,tormenting, abusing, or assaulting the animal or who can be shown to have
repeatedly, in the past, provoked,tormented, abused, or assaulted the animal; or
(3) Who was committing or attempting to commit a crime.
(F)Rental Property-Disclosure Required. A person who owns a potentially dangerous animal or a
dangerous animal, and will reside in rental property must disclose whether such an animal will be kept
on the premises for any period of time. The animal owner must notify the rental property owner that a
designated animal will be kept on the premises and shall also disclose all conditions imposed by the City
related to that designation. This disclosure must occur immediately upon an animal designation imposed
by the City, or before the animal owner enters into a lease or begins residing at such a premises. Proof of
this disclosure must occur before the owner's animal registration with the City will be granted or
renewed.
(G)Stopping an Attack. If any police officer or Animal Control Officer is witness to an attack by an animal
upon a person or another animal, the officer may take whatever means the officer deems appropriate to
bring the attack to an end and prevent further injury to a victim.
(H)Notification of New Address. The owner of an animal which has been identified as dangerous or
potentially dangerous shall notify the Animal Control Officer in writing if the animal dies or is to be
relocated from its current address or given or sold to another person. The notification shall be given in
writing within 30 days of the death or at least 14 days prior to the relocation or transfer of ownership.
The notification shall include the current owner's name and address, the relocation address and the name
of the new owner, if any.
47
securing a permit from the City to register the animal. The City may seize and destroy, at the owner's
expense, any animal brought into the City in violation of this provision.
(J) Attack By An Animal. It shall be deemed an unlawful act by any animal owner in the event their animal
inflicts or attempts to inflict bodily injury upon any person or other animal. The owner is held strictly
liable for the actions of its animal whether or not the owner is present. This section shall not apply to an
attack by a dog under the control of an on-duty law enforcement officer or to an attack upon an
uninvited intruder who has entered the owner's home.
(K)Dangerous Animal or Potentially Dangerous Animal,Designation Review. In accordance with State
law, beginning six(6)months after an animal is declared a potentially dangerous animal or dangerous
animal; an owner may annually request that the animal control authority review the designation. The
owner must provide evidence that the animal's behavior has changed due to the animal's age, neutering,
environment, completion of obedience training that includes modification of aggressive behavior, or
other factors. If the animal control authority finds sufficient evidence that the animal's behavior has
changed,the authority may rescind designation or modify the conditions of an order imposing
conditions related to a designation. The request shall be considered in the same manner as an appeal
from designation of the Animal Control Officer.
§ 90.11. SUMMARY DESTRUCTION.
Whenever an Animal Control Officer or police officer determines that any animal presents an immediat,
threat to the safety of any person, after making reasonable attempt to impound the animal,the officer is hereby
authorized to destroy the animal in the interests of public safety.
§§ 90.12 THROUGH 90.89 RESERVED FOR FUTURE USE
§90.90. CIVIL ACTIONS.
In addition to the other remedies and penalties provided in this chapter, city officials, after approval of
the city council, are authorized to file appropriate civil actions for a temporary restraining order,temporary
injunction or permanent injunction against any person violating this section. These civil remedies and penalties
do not bar criminal prosecution.
§ 90.97. APPLICABILITY.
Nothing in this chapter is intended to supersede state law, or the specific requirements found in
48
§90.98. PENALTY FOR VIOLATION.
Any person who shall violate the provisions of this chapter shall be guilty of a misdemeanor, with two
exceptions:
(A)License violations shall be charged as a petty misdemeanor if the violator has no similar offenses in the
preceding three months.
(B)Provisions of this chapter governing potential dangerous animals and dangerous animals shall be guilty
of a misdemeanor unless otherwise specified as a gross misdemeanor under State law.
§90.99. CONTINUING VIOLATIONS.
Each day on which the violation continues shall constitute a separate violation.
Ord 2d, #54, amended 12/28/2011
49
CITY OF CENTERVILLE
CITY COUNCIL MEETING
June 24,2015
6:30 p.m.
Pursuant to due call and notice thereof,the City of Centerville held their regularly scheduled
meeting of June 24, 2015 at City Hall, 1880 Main Street.
PRESENT: Mayor Tom Wilharber
Council Member Ben Fehrenbacher
Council Member Steve King
Council Member D. Love
Council Member Jeff Paar
ABSENT: None
Ir 3V Q'Wlma' '
STAFF: City Administrator Mike Ericson
Legal Counsel Kurt Glaser
Engineer Mark Statz
Gaughan Companies, Lou Suski
I. CALL TO ORDER
Mayor Wilharber called the meeting to order at 6:30 p.m.
II. PLEDGE OF ALLEGIANCE
III. APPOINTMENTS/PRESENTATION
IV. PUBLIC INPUT/HEARING
1. None.
V. APPROVAL OF AGENDA
Mayor Wilharber added Claims Page 7a, Check#29536-29543 under Consent.
Motion by Council Member Love, seconded by Council Member Paar to approve the
Agenda with the above stated amendments. All in favor. Motion carried.
VI. APPROVAL OF MINUTES
1. June 10, 2015 City Council Meeting Minutes
Mayor Wilharber provided Council Members with an opportunity to amend the presented
minutes.
50
City of Centerville
Council Meeting Minutes
June 24,2015
Motion by Council Member King, seconded by Council Member Fehrenbacher,to auprove
the minutes of the June 10, 2015 City Council Meeting as presented. All in favor. Motion
carried.
VII. CONSENT AGENDA
1. City of Centerville June 11, 2015 through June 24, 2015 Claims (Check #29518-29535)
&(Check#29536-29543)
2. Centennial Lakes Police Department Claims through June 11, 2015 (Check #10408-
10425)
3. Centennial Fire District Claims through June 19, 2015 (Check #6988-7002) w/Payroll
Checks#6984-6987
Mayor Wilharber provided Council Members an opportunity to pull items from the Consent
Agenda for additional discussion.
Motion by Council Member Fehrenbacher, seconded by Council Member Love, to approve
the Consent Agenda as presented. All in favor. Motion carried.
VIII. OLD BUSINESS
1. Parks&Recreation Committee Recommendation(Tabled/No New Info.)
a. Sledding Hill
b. Electrical Installation at Laurie LaMotte Memorial Park Pavilion
Brief discussion ensued regarding this two items and Administrator Ericson stated that bids have
yet to be received due to use of some of the dirt for backfilling for the ditch work associated with
the Centerville Road project and bids are continuing to be received for the electrical installation.
Administrator Ericson stated that three bids would be submitted for both projects shortly.
IX. NEW BUSINESS
1. None.
X. COUNCIL&ADMINISTRATION ANNOUNCEMENTS
1. Administrator Report
Administrator Ericson stated that the City of Hugo would be hosting a BBQ for the July 16, 2015
Water Summit meeting at 6:30 p.m. with the meeting commencing at 7:00 p.m. and requested
that those that desired to participate in the BBQ inform him so that he can make reservations.
Administrator Ericson stated that he attended a Hope 4 Youth meeting recently held in Anoka
County where discussions took place regarding homelessness and human trafficking of youth in
the County. He stated that the Sheriffs Office has a wealth of information on the topics and
handout information regarding the programs offered by Anoka County and assistance to youth in
crises.
Page 2 of 4
51
City of Centerville
Council Meering Minutes
June 24,2015
Administrator Ericson reported that he and Mr. Suski attended a Minnesota DEED Shovel Ready
meeting recently and that Mr. Suski's attendance provided a different perspective due to the fact
that he is a real estate broker.
2. Council & Staff Reports
Engineer Statz reported that the downtown concrete removal will be completed by the following
day with bituminous being placed immediately following the removal. Engineer Statz also
reported that Centerville Road would be paved on Friday of the week or Monday of the
following week weather dependent with the second lift of asphalt being placed in late July.
Engineer Statz stated that the County has determined for workers safety to keep the roadway
closed until work is complete on all other items prior to opening the roadway.
Engineer Statz also reported that the pavement at Heritage Street and Sorel Street will remain
until the surface can be milled and the final lift is placed on Centerville Road.
Engineer Statz also reported that the City is in receipt of a letter from FEMA and it should be
placed on Council next agenda for discussion.
Council Member King stated that North Metro Telecommunication Commission continues to
work with Century Link regarding a franchise agreement.
Mayor Wilharber reported that Saturday, June 27, 2015 Centennial Fire District would be
holding their 30'b Anniversary Open House at Station 2 in Lino Lakes from 10:00 a.m. — 3:00
p.m.
Mayor Wilharber also reported that the next scheduled Fire Steering meeting would be taking
place on July 9, 2015 at Station 2 in Lino Lakes and that interviews for a new Fire Chief had
taken place.
Mayor Wilharber stated that there was a tremendous turnout for the recent clean up days and
suggested that Staff work diligently to recapture additional items that were entering the waste
stream such as mattresses and furniture. Administrator Ericson stated that an upcoming meeting
was going to be held to discuss such issues and an additional fall cleanup with neighboring
communities.
Council Member Love stated that the annual Fete des Lacs parade would be taking place on
Saturday, July 25, 2015 and individuals or groups were welcome to register for no fee.
Mayor Wilharber recessed the regularly scheduled meeting at 6:45 p.m.
XI. WORK SESSION
1. Ms. Stacy Kvilvang, Ehlers—(Update/EDA)
Discussion was held regarding the Economic Development Authority, encouraging landowners
to secure DEED Shovel Ready status, completion of an American Land Title Association
Page 3 of 4
52
City of Centerville
Council Meeting Minutes
June 24,2015
(ALTA) survey and analysis of maximum building size which will produce financial
commitment essential for construction. It was discussed that these key components would
shorten four (4) to six (6)months off of development preparation and allow marketability to the
properties. Mr. Lou Suski and Mr. Mike Brass also offered professional perspectives on
economic development activities in Centerville.
Mayor Wilharber closed the Work Session at 7:55 p.m.
Mayor Wilharber opened the Closed Executive Session at 7:56 p.m.
XII. CLOSED EXECUTIVE SESSION (Purchase Agreement/Litigation)
1. 2065 Commerce Drive Purchase Agreement
Mr. Lou Suski, Gaughan Companies reported that he had met will several individuals regarding
the potential sale of the above stated property. Administrator Ericson also reported that he and
several members of staff had met with the same individuals.
Subsequent to the meeting, a purchase agreement has been submitted to the City by Jon &
Sophie Pederson (Tenant: Ruffridge Johnson Equipment Company, Inc.) to purchase the above
stated property for the marketed/asking price of$950,000. This purchase agreement will be
forwarded to Council at their next regularly scheduled meeting of July 8, 2015 for consideration.
2. Sheehy Companies
Attorney Glaser gave a brief update of the status of the litigation.
3. Kelly
Attorney Glaser gave a brief update of the status of the litigation.
Mayor Wilharber closed the Closed Executive Session and opened the regularly scheduled
meeting at 8:45 p.m.
XIII. ADJOURNMENT
Motion by Council Member Fehrenbacher, seconded by Council Member Paar to Adjourn
the Reaularly Scheduled Council Meetine of June 10. 2015 at 8:46 a.m. AU in favor.
Motion carried.
Transcribed by City Staff Member Teresa Bender, City Clerk
Page 4 of 4
53
CITY OF CENTERVILLE 07/01/1511:41 AM
Page 1
Check Detail —JULY 8, 2015
Check
Date Check# Vender Name Comments Amount
7/3/2015 000756E WELLS FARGO H.S.A.W/H-PAY PERIOD 13
Check Nbr 000756 WELLS FARGO $1.052.07
7/3/2015 000757E MINNESOTA DEPT OF REVENUE STATE W/H-PAY PERIOD 13
Check Nbr 000757 MINNESOTA DEPT OF REVENUE $1.149.00
7/3/2015 000758E IRS/EFTPS FED W/H-PAY PERIOD 13 $3,142.66
7/3/2015 000758E IRS/EFTPS FICA/MED W/H-PAY PERIOD 13 $3,946.16
Check Nbr 000758 IRS/EFTPS $7.088.82
7/3/2015 000759E PERA PERA W/H-PAY PERIOD 13
Check Nbr 000759 PERA $2.732.70
7/8/2015 029545 ALY HANZAL MUSIC IN PARK-HIDDEN SPRING PARK-JULY 14,2015
Check Nbr 029545 ALY HANZAL $100.00
7/8/2015 029546 CENTENNIAL LAKES POLICE DEPT POLICE SERVICES-JULY 2015
Check Nbr 029546 CENTENNIAL LAKES POLICE DEPT $60.627.92
7/8/2015 029547 CITY OF CENTERVILLE-MASTERCA SUPPLIES $40.44
7/8/2015 029547 CITY OF CENTERVILLE-MASTERCA VERMEERSCH AUTO-RED RANGER WATER PUMP $412.73
7/8/2015 029547 CITY OF CENTERVILLE-MASTERCA BB HOOPS,CEMENT,PARTS,BACK BOARDS $1,051.52
7/8/2015 029547 CITY OF CENTERVILLE-MASTERCA R.KOSKI-CONFERENCES $320.00
7/8/2015 029547 CITY OF CENTERVILLE-MASTERCA FUEL $727.95
7/8/2015 029547 CITY OF CENTERVILLE-MASTERCA GARAGE SALE AD $34.00
7/8/2015 029547 CITY OF CENTERVILLE-MASTERCA SUPPLIES $98.44
7/8/2015 029547 CITY OF CENTERVILLE-MASTERCA CODE BOOKS $349.55
7/8/2015 029547 CITY OF CENTERVILLE-MASTERCA 24"TRASH GUARD-STAND-STORM DRAINS $478.20
7/8/2015 029547 CITY OF CENTERVILLE-MASTERCA FUEL $345.97
7/8/2015 029547 CITY OF CENTERVILLE-MASTERCA POSTAGE $2„Q5
Check Nbr 029547 CITY OF CENTERVILLE-MASTERCA $3,0—-15
7/8/2015 029548 CITY OF CIRCLE PINES JULY 2015 POLICE BULDING PAYMENT $° I
7/8/2015 029548 CITY OF CIRCLE PINES JULY 2015 POLICE BULDING PAYMENT $_
Check Nbr 029548 CITY OF CIRCLE PINES $5.235.73
7/8/2015 029549 CITY OF ROSEVILLE PHONE SUPPORT-SOFTWARE LICENSING-EQUIPMENT $91.47
7/8/2015 029549 CITY OF ROSEVILLE MONTHLY IT& IT POWER AGREE-JULY $63.63
7/8/2015 029549 CITY OF ROSEVILLE PHONE SUPPORT-SOFTWARE LICENSING-EQUIPMENT $91.48
7/8/2015 029549 CITY OF ROSEVILLE MONTHLY IT& JT POWER AGREE-JULY $63.62
Check Nbr 029549 CITY OF ROSEVILLE $310.20
7/8/2015 029550 DIRT ROAD PRODUCTIONS MUSIC IN PARK-HIDDEN SPRING PARK-JULY 28,2015
Check Nbr 029550 DIRT ROAD PRODUCTIONS $300.00
7/8/2015 029551 EARL F.ANDERSEN INC PARK SUPPLIES
Check Nbr 029551 EARL F.ANDERSEN INC $78.12
7/8/2015 029552 FIRST-SHRED 6970 LAMOTTE DR-SHRED DAY 6-20-15
Check Nbr 029552 FIRST-SHRED $1.004.50
7/8/2015 029553 INTEGRA PHONE SERVICE THRU 7-22-15
Check Nbr 029553 INTEGRA $38.22
7/8/2015 029554 ISS SYSTEM MONITORING 2085 W CEDAR ST
Check Nbr 029554 ISS $103.65
7/8/2015 029555 JOYCE KRAMER MUSIC IN PARK-HIDDEN SPRINGS PARK-JULY 21,2015
Check Nbr 029555 JOYCE KRAMER $200.00
7/8/2015 029556 METROPOLITAN COUNCIL ENVIROMEN 2015-2ND QTR SAC CHARGES
Check Nbr 029556 METROPOLITAN COUNCIL ENVIROMEN $9.840.60
54
CITY OF CENTERVILLE 07/01/15 11:41 AM
Page 2
Check Detail —July 8, 2015
Check
Date Check# Vender Name Comments Amount
7/8/2015 029557 MR SIGN STREET SIGNS
Check Nbr 029557 MR SIN -$202.84
7/8/2015 029558 NATIONWIDE RETIREMENT SOLUTION DEF.COMP W/H-P PALZER-PAY PERIOD 13
Check Nbr 029558 NATIONWIDE RETIREMENT SOLUTION $100.28
7/8/2015 029559 NORTHLAND TRUST SERVICES,INC. 1485000 GEN OBLG IMPROV BONDS,SERIES 2013A $495.00
7/8/2015 029559 NORTHLAND TRUST SERVICES,INC. 1385000 GEN OBLG IMPROVE REFUNDING BONDS,SERIES $12,567.13
7/8/2015 029559 NORTHLAND TRUST SERVICES,INC. 3715000 GEN OBLG TAX IMPROV BONDS,SERIES 2009A $71,810.00
7/8/2015 029559 NORTHLAND TRUST SERVICES,INC. 1485000 GEN OBLG IMPROV BONDS,SERIES 2013A $18,509.38
7/8/2015 029559 NORTHLAND TRUST SERVICES,INC. 3715000 GEN OBLG TAX IMPROV BONDS,SERIES 2009 "95_00
Check Nbr 029559 NORTHLAND TRUST SERVICES INC $103.876.51
7/8/2015 029560 PRESS PUBLICATIONS 2014 DRINKING WATER REPORT $392.46
Check Nbr 029560 PRESS PUBLICATIONS $392.46
7/8/2015 029562 SUN LIFE INSURANCE COMPANY DISABILITY INS-JULY 2015 $136.10
7/8/2015 029562 SUN LIFE INSURANCE COMPANY LIFE INS-JULY 2015 $61.40
7/8/2015 029562 SUN LIFE INSURANCE COMPANY COBRA-D LARSON-JULY 2015
Check Nbr 029562 SUN LIFE INSURANCE COMPANY $201.10
7/8/2015 029563 VANAGEPOINT TRANSFER AGENT DEF.COMP-M.ERICSON-PAY PERIOD 13
Check Nbr 029563 VANAGEPOINT TRANSFER AGENT $300.00
. 7/8/2015 029564 ROSS ERICKSON REFUND ON M15-033-1839 PARTRIDGE PL-OVER PAID
Check Nbr 029564 ROSS ERI KSON $5.00
Total checks$198,808.47
Vc" check#29561
55
CENTENNIAL LAKES POLICE DEPT Check Register-Police GL without invoice numbers Page: 1
Check Issue Dates:6/12/2015-6/25/2015 Jun 25,2015 11:14AM
Report Criteria:
Report type: Summary
GL Check Ck No Description Check
Period Issue Date Payee Amount
06/15 06/25/2015 10426 ANOKA COUNTY ATTORNEY FORFEITURE DISTRIB DW 249.20
06/15 06/25/2015 10427 CONNEXUS ENERGY MAY ELECTRIC 1,863.00
06/15 06/25/2015 10428 CRAGUN CORPORATION CONF ROOM AK 272.52
06/15 06/25/2015 10429 DEPUTY REGISTRAR#150 VEH RENEWAL 12.00
06/15 06/25/2015 10430 DON'S CIRCLE SERVICE,INC VEH MTC&REPAIRS 1,762.90
06/15 06/25/2015 10431 EMERGENCY AUTO TECH,INC SALES TAX 152.00
06/15 06/25/2015 10432 HEALTH PARTNERS JULY HEALTH INS 11,303.66
06/15 06/25/2015 10433 HOLIDAY FLEET FUEL 387.35
06/15 06/25/2015 10434 KEEPRS, INC SLIDE STOP/CLOCK TRIGGER 43.14
06/15 06/25/2015 10435 LOFFLER TONER 176.00
06/15 06/25/2015 10436 MMKR INC FINAL BILLING 2014 AUDIT 1,040.00
06/15 06/25/2015 10437 NEAL A.NOREN BLDG SUPPLIES 164.90
06/15 06/25/2015 10438 PITNEY BOWES GLOBAL FIN SERVIC POSTAGE METER LEASE 67.65
06/15 06/25/2015 10439 PUBLIC AGENCY TRAINING COUNCIL SEMINAR KC 295.00
06/15 06/25/2015 10440 PURCHASE POWER INC POSTAGE 208.99
06/15 06/25/2015 10441 STATE OF MINNESOTA FORFEITURE DISTRIBUTION DW 124.60
06/15 06/25/2015 10442 STREICHER'S, INC SALES TAX 169.91
06/15 06/25/2015 10443 TELECIDE PRODUCTIONS, INC COMPUTER MTC/SUPPORT 467.58
06/15 06/25/2015 10444 TWIN CITIES TRANSPORT &RECOVE FORFEITURE TOW/STORAGE 04 SILV 340.13
Grand Totals: 19,100.53
M=Manual Check,V=Void Check
56
4780 Regents Walls
Shorewood,MN 55331
952.250.9783
hulvestad@rocidandreadvisors.com
June 29, 2015
Meeting With Mike Ericson, City Administrator, City of Centerville and
Lou Suski, Gaughan Companies
o Offer to purchase Lot 2, Block 1, Clearwater Business Park
o Buyer: Jon and Sophie Pederson
o Tenant: Ruffridge Johnson Equipment Company, Inc.
o Sale of existing Ruffridge Johnson property
0 1031 Exchange Contingency
o Due diligence timeline
o Site and building plans
o Next step
57
RUFFRIDGE JOHNSON EQUIPMENT COMPANY, INC.*
Projected Timeline for Sale of Exchange Property
And
Acquisition of Centerville Business Park Site
6/2015 6/2015 12/31/2015 6/2015—4/01/2016 4/01/2016 4/10/2016 Cente
CI
J&S Pederson * J &S Pederson *sign a Deadline for Aeon to J &S Pederson Specified Closing Date for closing on Construc
submit offer to purchase agreement to satisfy and/or waive all complete due diligence Date in purchase purchase of RJE facilil
purchase Lot 2, Block sell the Ruffridge contingencies. If Aeon on Centerville site and agreement with Centerville site or 10 Centervil
1,Clearwater Johnson business does not terminate the contract for materials Aeon. days after the close commern
Business Park from property to Aeon PA,Aeon becomes and construction of of the sale to Aeon, close on
City of Centerville contingent on obligated to close April new facility. All whichever occurs Center co
completing a 1031 1, 2016 contingent on close of later.
exchange for a the sale to Aeon.
replacement property
in Centerville.
*Ruffridge Johnson Equipment Company, Inc. =Tenant of both Exchange Property and proposed Centerville Business Park site.
Jon and Sophie Pederson = Current owners of Exchange Property and prospective owner of Centerville Business Park site.
RUFFRIDGE JOHNSON EQUIPMENT COMPANY, INC.*
Projected Timeline for Sale of Exchange Property
And
Acquisition of Centerville Business Park Site
12015 12/31/2015 6/2015—4/01/2016 4/01/2016 4/10/2016 Centerville Site 1031 Exchange
Closing Executed
!rson*sign a Deadline for Aeon to J &S Pederson Specified Closing Date for closing on Construction of new 180 days after
agreement to satisfy and/or waive all complete due diligence Date in purchase purchase of RJE facility on closing on
iffridge contingencies. If Aeon on Centerville site and agreement with Centerville site or 10 Centerville site to purchase of
iusiness does not terminate the contract for materials Aeon. days after the close commence after Centerville site
:o Aeon PA,Aeon becomes and construction of of the sale to Aeon, close on purchase of
ton obligated to close April new facility. All whichever occurs Centerville site.
+g a 1031 1,2016 contingent on close of later.
for a the sale to Aeon.
?nt property
rille.
Company, Inc. =Tenant of both Exchange Property and proposed Centerville Business Park site.
rrent owners of Exchange Property and prospective owner of Centerville Business Park site.
PURCHASE AGREEMENT
This Purchase Agreement (this "Agreement") is made and entered into by and between Jon R.
Pederson and Sophie Pederson, husband and wife, and/or assigns ("Buyer"), and the City of
Centerville, Minnesota("Seller"), effective as of the date it is fully executed and delivered to all
parties(the"Effective Date").
1. Sale and Purchase of Property. Subject to the terms and conditions of this Agreement,
Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, title in fee simple to an
unimproved parcel of land consisting of approximately five acres and legally described as Lot 2,
Block 1, Clearwater Business Park, Anoka County, Minnesota and having Property ID Number
24-31-22-23-0017 together with all appurtenant rights, hereditaments, privileges and easements
belonging thereto and located thereon,which are owned by Seller(collectively,the"Property").
2. Purchase Price, Earnest Money. The purchase price for the Property (the "Purchase
Price")shall be Nine Hundred Fifty Thousand Dollars($950,000.00),payable as follows:
a. Ten Thousand Dollars ($10,000.00) earnest money (the "Earnest Money"),
which shall be paid within five (5) business days after the Effective Date, by depositing
the same in escrow with Commercial Partners Title Company, LLC, as escrow agent
("Escrow Agent"), in an interest-bearing account ("Escrow Account"). Joinder by
Escrow Agent attached as Exhibit A.
b. The balance of the Purchase Price,equal to Nine Hundred Forty Thousand Dollars
($940,000.00) shall be paid to Seller(i) by wire transfer of immediately available federal
funds or(ii)by Escrow Agent's check on or before the Closing Date(as defined), subject
to adjustment and proration as set forth herein.
3. Title.
a. Title Insurance Commitment and Abstract. As soon as reasonably possible,but in
any event within ten (10) days of the Effective Date hereof, Seller, at Seller's expense,
shall deliver to Buyer a current commitment for the most current ALTA Owner's Policy
of Title Insurance, with extended coverage, issued by Commercial Partners Title
Company, LLC (the "Title Company"), legible copies of all documents referenced
therein, and endorsements for zoning, contiguity, appurtenant easements, access,
increased coverage and such other matters as may be reasonably identified by Buyer, in
the amount of the Purchase Price (the "Commitment"). The Commitment will commit
the Title Company to insure title to the Real Property subject only to the encumbrances
permitted by Buyer in accordance with the provisions set forth in this Paragraph 3.
b. Survey. As soon as is reasonably practical after the Effective Date, Seller, at
Seller's expense, shall provide Buyer with a current survey of the Real Property (the
"Survey"); showing all easements, roads, driveways, and identifying the same by
recording information; showing all applicable setback lines; showing any encroachments
60
and otherwise meeting standards reasonably determined by Buyer, which may include
minimum detail requirements for an ALTA/ACSM survey standard adopted in 2011.
Buyer shall be allowed to review the Commitment and the Survey (collectively, the "Title
Evidence") and make objections thereto, provided that said objections shall be made in writing
prior to the expiration of the Feasibility Period or else deemed to be waived and therefore,
"Permitted Exceptions." Notwithstanding the foregoing, Buyer shall not be obligated to object
to liens or encumbrances which may be removed by the payment of money. If any objections are
so made, Seller shall use reasonable efforts to correct any valid title objections within sixty (60)
days after receipt of said objections and, pending such correction, the closing hereunder shall be
postponed. If such objections are not corrected within said sixty (60) days for any reason, then
Buyer may, at its option, either (i) terminate this Purchase Agreement by notice to Seller, in
which case all Earnest Money paid by Buyer to Seller hereunder (including all accrued interest
thereon)shall be promptly refunded to Buyer,or(ii)waive said Title Objections and perform this
Agreement according to its terms, and there shall be a corresponding reduction in the Purchase
Price not to exceed Ten Thousand and 00/100 Dollars ($10,000.00) ("Cure Funds"), in an
amount necessary to cure the Title Objections after Closing. In such instance the Cure Funds
shall be held in escrow by Escrow Agent and all amounts used by Buyer to cure the Title
Objection(s), to be evidenced by invoices, shall be released to Buyer after the objection has been
removed. Any Cure Funds remaining in escrow after the Title Objection is removed and Buyer
has been paid for the cost to cure the objections shall be released to Seller.
4. Delivery and Inspection of Documents. Within ten (10) days after the Effective Date of
this Agreement, Seller shall provide to Buyer complete copies of the following documents to the
extent the same are in Seller's possession or are reasonably available to Seller (collectively, the
"Due Diligence Documents"):
a. Copies of Plans,Licenses and Permits in Seller's possession;
b. Copies of any site plans, engineering or other reports in Seller's possession
regarding the condition of the Property;
C. Any environmental reports, studies or assessments (including soil tests or other
geotechnical reports) that relate to the Property, and any disclosure letters and/or off site
determinations from the Minnesota Pollution Control Agency (collectively, the
"Environmental Reports")in Seller's possession;
d. Documents or correspondence to or from governmental agencies regarding
zoning of the Property, compliance of the Property with applicable laws or other
governmental approvals or consents;
In the event that this transaction is not closed for any reason,then Buyer shall,and shall cause its
agents, attorneys, consultants and prospective lenders to, return all documents and copies of
documents provided by Seller hereunder to Seller. This obligation shall survive termination of
this Agreement.
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5. Feasibi%and Inspection Period.
a. Buyer shall have the right during a period commencing with the Effective Date
and ending one hundred eight (180) days after the Effective Date (the "Feasibility and
Inspection Period") for the following: (i)to determine that Buyer is satisfied with any
appraisals, surveys, reviews, inspections, investigations and testing (including without
limitation soil, environmental and engineering tests and studies) of the Property made by
or on behalf of Buyer; (ii)to obtain all preliminary governmental permits and approvals
necessary or appropriate in Buyer's determination for Buyer's intended use of the
Property; (iii)to determine that Buyer is satisfied with the Seller's Due Diligence
Documents and the matters disclosed therein(collectively,the"Buyer's Contingencies").
If the Feasibility and Inspection Period ends on a Saturday, Sunday or legal holiday, it
shall be extended through the end of the next business day.
b. Seller hereby grants to Buyer, its agents,representatives and contractors, the right
to enter upon the Property at reasonable times and from time to time after the Effective
Date for the purpose of appraising, surveying, reviewing, investigating, inspecting and
testing the Property and for other purposes consistent with Buyer's interests under this
Agreement. Buyer agrees to indemnify,defend and hold harmless Seller from and against
any lien or liability resulting from the activities of Buyer or its agents, representatives or
contractors on the Property pursuant to this Paragraph 5, and, if Buyer damages the
Property, Buyer shall restore the Property to substantially the condition existing prior to
such damage by Buyer.
C. At any time prior to and not later than five(5) business days after the end of the
Feasibility Period, Buyer may, in its sole and absolute discretion, and for any reason or
for no reason, elect not to purchase the Property and elect to terminate this Agreement by
giving written notice of termination to Seller. Upon such termination, the Earnest Money
shall be returned to Buyer and neither party hereto shall have any further liabilities or
obligations under this Agreement. The Buyer's Contingencies are for the sole and
exclusive benefit of Buyer and may be waived by Buyer. In the event that this Purchase
Agreement is not terminated within (5) five days after the end of the Feasibility and
Inspection Period, all of the Buyer's Contingencies set forth in this Paragraph 5 will be
deemed waived.
6. 1031 Exchange Contingency.
a. The closing on the purchase of the Property is further contingent on Buyer first
closing on the sale of property located at 3024 4t' Street Southeast and 2 Malcolm
Avenue Southeast, both located in the City of Minneapolis, MN (collectively, the
"Exchange Property"). The anticipated closing date on the sale of the Exchange
Property is on or about April 1,2016.
b. The Seller herein acknowledges that it is the intention of the Buyer to complete an
IRC Section 1031 Tax-Deferred Exchange and that the Buyer's rights under this Purchase
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Agreement shall be assigned to Commercial Partners Exchange Company, LLC, for the
purpose of completing such exchange.However,any warranties that may be expressed in this
contract shall remain and be enforceable between the parties executing this document.
C. Seller agrees to cooperate with the Buyer and/or its assigns in any manner necessary
to complete said exchange at no additional cost or liability to Seller. This Purchase
Agreement is part of an integrated, interdependent, mutual and reciprocal plan intended to
effectuate an exchange by Buyer of like-kind real properties pursuant to and in accordance
with the provisions of Section 1031 of the Internal Revenue Code. The Seller shall execute
and provide to Buyer prior to closing, an acknowledgement, that Seller has received written
notice of the assignment of the Buyer's rights under this Purchase Agreement to Commercial
Partners Exchange Company,LLC.
d. In the event the closing of the sale of the Exchange Property fails to occur by
reason of(1) default by either the Buyer or the Seller of the Exchange Property; (2) the
condemnation of one or both of the properties constituting the Exchange Property or (3)
the termination of one or both of the purchase agreements providing for such sale for any
reason,the Buyer shall be entitled to terminate this Purchase Agreement in which case all
Earnest Money paid by Buyer to Seller (including all accrued interest thereon) shall be
promptly refunded to Buyer and neither party shall thereafter have any further liability,
right or obligation hereunder.
7. Conditions to Closing. This Purchase Agreement and Buyer's obligations hereunder are
conditioned, for the sole benefit of Buyer,upon the following:
a. Seller's Performance. All representations and warranties of Seller hereunder shall
be true and correct as of the Closing Date and Seller shall have performed all of its
covenants,duties and obligations under this Purchase Agreement.
b. Title. The Title Evidence shall have been found acceptable, or been made
acceptable, in accordance with the requirements of Paragraph 3 above. At Closing, the
Title Company shall have issued to Buyer an ALTA Owner's Title Insurance Policy in the
full amount of the Purchase Price, showing good and marketable fee simple title to the
Real Property vested in Buyer in the condition required herein, with extended coverage
over all general exceptions to the policy and with such other coverages and endorsements
(including without limitation the endorsements specified in Paragraph 3.a. hereof) as
either Buyer or its lender(s) may require; provided, however, that said Owner's Title
Policy shall not in any way vitiate the covenants in the deed to be given by Seller to
Buyer hereunder.
C. Condition of Properiy. There shall be,as of the Closing Date,no material adverse
change in the physical condition of the Property.
d. Feasibility and Inspection. On or before the expiration of the Feasibility and
Inspection Period,Buyer shall have determined,in its sole discretion,that it is satisfied with
the results of any inspections, tests or examinations Buyer performs pursuant to and in
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accordance with Paragraph 5 above and that Buyer has obtained all permits and approvals
necessary for Buyer's intended use of the property.
e. 1031 Exchange Closing. The obligation of Buyer to close on the transaction
contemplated hereby shall be conditioned upon the prior successful closing of the Exchange
Property in accordance with the terms and provisions set forth in Paragraph 6.
8. Representations Warranties and Covenants of Seller. Seller makes the following
representations,warranties and covenants to Buyer:
a. Pending Ip rovements. There are no public improvements which have been
commenced or completed and for which assessment has been or may be levied against the
Property, and Seller has no knowledge of any planned improvements which may result in
assessment against the Property, except as may be disclosed by Seller to Buyer in writing
within 10 days following the Effective Date.
b. Pending Proceedings. There is no litigation, suit, arbitration, mediation,
proceeding, claim or investigation, including without limitation any environmental,
zoning or land use regulation proceeding,pending or threatened, against Seller or relating
to any aspect of the Property which might create or result in a lien on,or otherwise have a
material adverse impact on, the Property or any part thereof or interest therein; and there
is presently no real estate tax protest or similar tax abatement proceeding pending with
respect to the Property.
C. Authority. Seller has full power and authority to enter into this Agreement and
incur and perform its obligations hereunder. The undersigned representative of Seller is
duly authorized to execute, deliver and perform this Agreement according to its terms on
behalf of Seller.
d. Non-Foreign Status. Seller is not a "foreign person", "foreign partnership",
"foreign trust" or "foreign estate" within the meaning of Section 1445 of the Internal
Revenue Code of 1986,as amended.
e. Other Documents. Neither the execution or delivery of this Purchase Agreement
nor the consummation of the transactions contemplated hereby will result in any breach
or violation of, or default under, (1) any ordinance, statute, or regulation, and (2) any
judgment, decree, order, mortgage, lease, agreement, indenture or other instrument or
document to which Seller is subject or a party to or by which the Property is bound.
f. Condemnation. To the best of Seller's knowledge, there are no condemnation
proceedings which are pending or threatened against all or any portion of the Real
Property.
g. Environmental. To the best of Seller's knowledge,the Property currently does not
contain any toxic material, hazardous substances or hazardous waste except as set forth
on Exhibit B attached hereto and made a part hereof. Except as set forth on such Exhibit
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B, the Property does not contain and has not at any time in the past contained either
asbestos, asbestos-containing materials, PCBs or other toxic materials, whether used in
construction or stored on the Property. As of the date of this Agreement, the Seller has
received no summons, citation, directive, letter or other communication, written or oral,
from any agency or department of the City of Centerville, Anoka County, the State of
Minnesota, or any other local or state governmental agency or the U.S. government
concerning any intentional or unintentional action or omission which resulted in the
releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of toxic
material, hazardous substances or hazardous waste on the Property. As of the date of this
Agreement, the Property is not subject to any investigation, administrative order, consent
order or agreement, litigation or settlement with respect to any toxic material, hazardous
substance or hazardous waste.
h. Storage Tanks. To the best of Seller's knowledge there are no underground
and/or above ground storage tanks (whether or not currently in use) in or under the
Property.
i. Wells. There are currently no wells or individual sewage treatment systems
located on the Property.
j. Methamphetamine. To the best of Seller's knowledge, no methamphetamine
production has occurred on the Property.
k. Licenses and Permits. Seller has no knowledge that any licenses, permits,
variances, approvals, authorizations, easements, and rights of way (collectively, the
"Authorizations")are insufficient for Buyer's intended use and operation of the Property.
All Authorizations are in full force and effect.
1. PropgM Rights. Seller has not entered into any contract of sale, or granted any
options or rights of first refusal to acquire any interest in the Property. Seller has not
sold, transferred, conveyed or entered into any agreement regarding "air rights," "excess
floor area ratio," utility service rights, parking covenant or other development rights or
restrictions relating to the Property.
In. Separate Tax Parcel. The tract of land constituting the Property comprises one
tax parcel and may be sold or conveyed without the need for subdivision, platting or lot-
splitting.
n. Unpaid Labor and Materials. Seller represents and warrants that Seller is not
indebted for labor or material that might give rise to the filing of notice of mechanic's
lien against the Property.
o. Zoning. The present zoning of the Property permits the Buyer's intended use.
Each of the foregoing representations shall be deemed remade as of the Closing Date(with such
changes thereto as Seller shall notify Buyer as of the closing)and,as so remade, shall survive the
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closing, delivery of the warranty deed and other documents contemplated hereby, and any
investigation by or on behalf of either party;provided that such representations shall lapse unless
suit is brought with respect thereto within one(1) year after the Closing Date. Except as herein
expressly stated, Buyer is purchasing the Property based upon its own investigation and inquiry
and is not relying on any representations,warranty or covenant of the Sellers or any other person
and is agreeing to accept and purchase the Property"as is,where is", subject to the conditions of
examinations set forth in this Agreement and the express representations, warranties and
covenants herein contained. Consummation of this Agreement by Buyer with knowledge of any
breach by Sellers will constitute a waiver or release by Buyer of any claim due to such breach.
9. Representations Warranties and Covenants of Buyer. Buyer makes the following
representations and warranties to Seller:
a. Due Diligence. Buyer will undertake to have a full and complete investigation,
examination, inspection and analysis of the Property. Buyer further acknowledges that,
except for the Sellers representations and warranties expressly set forth in Paragraph 8 of
this Purchase Agreement, Buyer has not relied upon any statements, representations or
warranties by Sellers or any agent of Sellers.
b. Authoritv. Buyer has and as of the of Closing Date will have, full power and
authority to enter into this Purchase Agreement and to incur and perform its obligations
hereunder. This Purchase Agreement constitutes the valid and legally binding obligation
of the Buyer,enforceable against Buyer in accordance with its terms.
C. Other Documents. Neither the execution or delivery of this Purchase Agreement
nor the consummation of the transactions contemplated hereby will result in any breach
or violation of, or default under,any judgment,decree,order,mortgage,lease, agreement,
indenture or other instrument or document of which Buyer is a party.
d. Legal Proceeding. There are no actions, suits or proceedings pending or, to the
knowledge of Buyer, threatened, against or effecting Buyer which, if determined
adversely to Buyer, would adversely affect its ability to perform its obligations under this
Purchase Agreement.
10. Commissions. Seller shall be responsible for all commissions payable to Buyer's broker,
Rockland Advisors, Inc., ("Rockland Advisors") pursuant to a separate written agreement
between Rockland Advisors and Gaughan Companies ("Gaughan") Seller's broker. Each of the
parties hereto represents that such party has not incurred and is not paying any brokerage
commission, finder's fee or selling commission or fee as a result of the transaction described
herein to any other broker, salesperson or finder, and each party hereto agrees to indemnify the
other against, and to hold the other harmless from, any claim for any such other brokerage
commission, finder's fee or selling commission or fee incurred as a result of the actions of the
indemnifying party, and any costs and expenses incurred in defending against any such claim,
including court costs and reasonable attorneys' fees. The representations and agreements set
forth in this Paragraph 10 shall survive the Closing.
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11. Prorations. All items of expense shall be paid, prorated or adjusted as of the close of
business on the Closing Date in the manner hereinafter set forth:
a. Real estate taxes and installments of special assessments due and payable in the
year of Closing shall be prorated between Seller and Buyer on the basis of the number of
days in the calendar year of Closing before the Closing Date (as to Seller) and on and
after the Closing Date (as to Buyer). Buyer shall pay all real estate taxes and installments
of special assessments due and payable in the year following Closing and thereafter.
b. All other items which are customarily prorated in transactions similar to the
transaction contemplated hereby and which were not heretofore dealt with, will be
prorated as of the Closing Date. In the event any prorations or computations made under
this Paragraph are based on estimates or prove to be incorrect, then either party shall be
entitled to an adjustment to correct the same, provided that it makes written demand on
the party from whom it is entitled to such adjustment within ninety (90) days after
Closing.
12. Closing Costs. In addition to the other costs and expenses specifically provided for in
this Agreement,closing costs and expenses shall be borne as follows:
a. Seller shall be obligated for and shall pay:
(i) Cost of issuance of the Commitment;
(ii) One-half(1/2) of the closing fees and escrow fees charged by the Title
Company,except costs and fees relating to Buyer's 1031 Exchange;
(iii) The cost of recording or filing the Deed;
(iv) All state deed or transfer taxes;
(v) All fees for recording all documents necessary to place record title in
Seller's name and in the condition represented by Seller in this Agreement;
and
(vi) Seller's attorneys' fees.
b. Buyer shall be obligated for and shall pay:
(i) The title insurance premium for Buyer's policy of extended coverage title
insurance in the amount of the Purchase Price, including endorsements
required by Buyer;
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(ii) The title insurance premium for any loan policies of title insurance
required by Buyer's lender(s);
(iii) The cost of the Survey,if any,obtained by Buyer;
(iv) Any fees associated with recorded documents related to Buyer's financing;
(v) The cost of any appraisal required by Buyer or Buyer's lender;
(vi) One-half (1/2) of the closing fees and escrow fees charged by the Title
Company, and all costs and fees relating to Buyer's 1031 Exchange;and
(vii) Buyer's attorneys' fees.
13. Closing.
a. General. Possession. The closing of the transaction and completion of the
deliveries contemplated hereby(the"Closing")shall occur on April 10,2016 or within 10
days after the closing of the Exchange Property whichever shall occur later, at the office'
of the Title Company, or at such other date, time and place as the parties shall agree in
writing (the "Closing Date"). Possession of the Property shall be transferred by Seller to
Buyer on the Closing Date.
b. Deliveries by Seller at Closing. At the Closing, Seller shall deliver to Buyer the
following:
(1) A Warranty Deed (the "Deed"), in recordable form, duly executed by
Seller, conveying good and marketable title to the Real Property to Buyer free and
clear of all encumbrances and restrictions except Permitted Exceptions.
(2) A standard form Seller's Affidavit, duly executed by Seller and completed
without exceptions for bankruptcy,judgments, tax liens, mechanic's liens, parties
in possession and other unrecorded contracts.
(3) An affidavit of non-foreign status, duly executed by Seller, containing
such information as is required by IRC Paragraph 1445(b)(2)and its regulations.
(4) A Certificate signed by Seller stating that Seller knows of no wells on the
Property or if Seller knows of any wells, a Well Certificate in form acceptable to
the Buyer designating the location of any such well and the width,depth and other
specifications relating thereto.
(5) A Certificate dated as of the Closing Date certifying that the
representations and warranties are true as of the Closing Date, and acknowledging
that such representations and warranties shall survive Closing, as provided herein.
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(6) If the Property contains or contained a storage tank, an affidavit with
respect thereto,as required by Minn. Stat. § 116.48.
(7) All other agreements, documents and instruments necessary or incident to
consummation of the transactions contemplated hereby.
C. Deliveries by By at Closing. At the Closing, Buyer shall deliver to Seller the
following:
(1) The funds required by Paragraph 2(b) hereof by Escrow Agent's check or
wire transfer.
(2) All other agreements, instruments and documents necessary or incident to
consummation of the transactions contemplated hereby.
The performance by Seller and Buyer at the closing shall be concurrent.
14. Remedies. If Buyer cancels this Purchase Agreement by reason of non-satisfaction of one
or more conditions to closing, or if Buyer cancels this Purchase Agreement by reason of Seller's
default,the Earnest Money(including all accrued interest thereon) shall be promptly refunded to
Buyer and neither party shall thereafter have any further liability, right or obligation hereunder.
If Buyer defaults under this Purchase Agreement, Seller's sole and exclusive remedy for Buyer's
default shall be cancellation of this Purchase Agreement and retention of the Earnest Money and
all interest earned thereon as liquidated and final damages. Notwithstanding the foregoing, this
provision shall not limit Seller's remedies with respect to any of the indemnification provisions
of this Agreement. If this Agreement is not canceled by Buyer, Buyer shall have the right in
addition to other remedies and rights available at law or in equity, to apply for and receive from
any court of competent jurisdiction, equitable relief by way of specific performance to enforce
performance of the terms of this Agreement, plus reimbursement for costs, including reasonable
attorney's fees,incurred in securing such relief;provided,however,that an action to enforce such
specific performance shall be commenced within six (6) months after such right of action shall
arise and shall be in lieu of any claim for damages.
15. Risk of Less. In the event there is any loss or damage to the Property prior to the date of
closing for any reason,including fire,vandalism,flood,earthquake or act of God,the risk of loss
shall be on Seller. If the Property is destroyed or substantially damaged before the closing date,
Buyer shall have the right to terminate this Agreement and,in such event,all Earnest Money(and
accrued interest)shall be promptly refunded to Buyer.
16. Notices. All notices, offers, requests, and other communications from any other parties
hereto to the others shall be in writing and shall be considered to have been duly given or served
if delivered personally to a partner of the party served; or if sent by first class certified or
registered mail, return receipt requested, postage prepaid; or if transmitted by facsimile or
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electronic mail (confirmation of receipt required) prior to 4pm on any business day; or if
deposited cost paid with a nationally recognized,reputable overnight courier, properly addressed
as follows or to such other address as such party may hereafter designate by written notice to the
other parties:
a. If to Seller,to:
The City of Centerville
Attention: Michael Ericson
1880 Main Street
Centerville,MN 55038
with a copy to:
b. if to Buyer,to:
Jon R.Pederson
c/o Ruffridge—Johnson Equipment Co.,Inc.
3024 4th Street SE
Minneapolis,MN 55414
Phone: 612-378-9558
Fax No.: 612-378-9385
Email: JonP@,jeguiR,.com
with a copy to:
Olson&Breckner,P.A.
150 S. 5'St.,Ste. 3230
Minneapolis,MN 55402
Phone: 612-455-1001
Fax No. 612-455-1009
Attn: Gene C. Olson,Esq.
Email: golson@olsonbreckner.com
Notices, objections and other communications shall be deemed effective upon delivery, if
personally delivered, one (1) business day after being deposited with a nationally recognized
overnight air courier, two (2)business days after mailing by certified or registered mail,or on the
day of facsimile transmission or electronic transmission if the sending party receives transmittal/
delivery confirmation from the sending facsimile machine or recipient e-mail account and the
sender deposits a copy of the notice or other communication in first class mail, return receipt
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requested,postage prepaid on the date of the transmission addressed to the addressee as set forth
above, all without regard to the actual receipt by addressee
17. Assignment. Buyer may assign this Agreement without the consent of Seller to(i)any party
controlled by or under common control with Buyer, or (ii) Commercial Partners Exchange
Company, LLC. Seller agrees to execute any and all documents which may be required to
effectuate Buyer's assignment of the Agreement in accordance with this paragraph and Paragraph 6.
Seller may not assign or delegate its rights or obligations under this Agreement without the prior
written consent of Buyer. Any such assignment will not relieve such assigning party of its
obligations under this Agreement. Any such assigning party shall provide to the other party a
written assignment and assumption of this Agreement between the assigning party and its assignee.
18. Time of Essence. Seller and Buyer agree that time shall be of the essence of this
Agreement.
19. Interpretation. This Agreement shall not be construed more strictly against one party than
against the other merely by virtue of the fact that it may have been prepared by counsel for one of
the parties, it being recognized that both Seller and Buyer have contributed substantially and
materially to the preparation of this Agreement.
20. Construction. The headings of the Paragraphs and subsections of this Purchase
Agreement are for convenience and reference only and do not form a part hereof, and in no way
interpret or construe such Paragraphs and subsections. Wherever the context requires or permits,
the singular shall include the plural, the plural shall include the singular and the masculine,
feminine and neuter shall be freely interchangeable.
21. Parties in Interest. This Agreement shall be binding upon and inure to the benefit of the
parties' respective heirs, representatives, successors, and permitted assigns. This Agreement is
for the sole benefit of Seller and Buyer, and no third party is intended to be a beneficiary of or
have the right to enforce this Agreement.
22. Business Days. Any period which ends on a Saturday, Sunday or any legal holiday shall
be deemed to end on the next day which is not a Saturday, Sunday or legal holiday. As used in
this Paragraph, the term "legal holiday" means any state or federal holiday for which financial
institutions or post offices are generally closed in the State of Minnesota.
23. Entire Agreement. This Agreement (including all exhibits hereto) contains the entire
agreement of the parties. It may not be changed orally but only by an agreement in writing
signed by the party against whom enforcement of any waiver, change, modification,extension or
discharge is sought.
24. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all of which together shall constitute one and the
same document. A signature page to any counterpart may be detached from such counterpart
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without impairing the legal effect of the signatures thereon and thereafter attached to another
counterpart identical thereto except having attached to it additional signature pages.
25. Severability. If any provision of this Agreement is held to be unenforceable or void, such
provision shall be deemed to be severable and shall in no way affect the validity of the remaining
terms of this Agreement.
26. Governing Law. This Agreement shall be construed as to both validity and performance
and enforced in accordance with and governed by the laws of the State of Minnesota.
27. Acceptance. The offer resulting from either party signing and delivering a copy of this
Agreement prior to execution and delivery of this Agreement by the other party shall be null and
void if this Agreement is not fully executed and delivered by both parties on or before June 30,
2015. The Effective Date of this Agreement shall be the date of execution by the last party to
execute and deliver this Agreement.
[SIGNATURE PAGE TO FOLLOW]
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Seller and Purchaser have executed this Purchase Agreement as of the dates set forth next
to their respective signatures below:
SELLER:
The City of Centerville,Minnesota
Executed on:
Date: By:
Name:
Title:
BUYER:
Executed on:
Date: 417,6 lr
Jon R rson
Date:
Sophie Ped on
i
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EXHIBIT A
JOINDER BY ESCROW AGENT
The undersigned hereby joins in this Agreement for the purposes of being bound by the
terms thereof relating to the Earnest Money and of agreeing to perform its obligations thereunder
as Escrow Agent with respect thereto. The sole duties of Escrow Agent under this Agreement
shall be those described herein, and Escrow Agent shall be under no obligation to determine
whether the other parties hereto are complying with any requirements of law or the terms and
conditions of any other agreements among said parties. Escrow Agent may conclusively rely
upon, and shall be protected in acting upon, any notice, consent, order or other document
believed by it to be genuine and to have been signed or presented by the proper party or parties,
consistent with reasonable due diligence on Escrow Agent's part. Escrow Agent shall have no
duty or liability to verify any such notice, consent, order or other document, and its sole
responsibility shall be to act as expressly set forth in this Agreement. If any dispute arises with
respect to the disbursement of any monies held by Escrow Agent pursuant to this Agreement,
Escrow Agent may continue to hold the same or deposit the same in court pending resolution of
such dispute, and the other parties hereto hereby agree to indemnify and hold harmless Escrow
Agent from any such action taken by it in good faith in the execution of its duties hereunder. The
parties to this Agreement agree that there may exist a potential conflict of interest between the
duties and obligations of Escrow Agent pursuant to this Agreement and as insurer of the title to
the Property. Seller and Purchaser acknowledge such potential conflict and agree not to make
any claim against Escrow Agent alleging conflict of interest arising as a result of the exercise of
its duties under this Agreement and in determining whether it can give its irrevocable
commitment to insure Purchaser's title.
Dated 52015
COMMERCIAL PARTNERS TITLE,LLC.
By
Its
f
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f
t f
EXHIBIT B
ENVIRONMENTAL DISCLOSURE
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