HomeMy WebLinkAbout2015-10-28 Set Agenda w-Handouts terviffe CITY OF CENTERVILLE COUNCIL MEETING AGENDA
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�� rd 185, Wednesday, October 28, 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
1. Mr. Lou Suski, Gaughan Companies & Mr. Dan Huffman,ISD# 12
a. Purchase Offer— 1737 Main Street & Abutting Property (Page 1)
PUBLIC INPUT
V. APPROVAL OF AGENDA
VI. APPROVAL OF MINUTES
1. October 14,2015 City Council Meeting Minutes (Pages l a4h)
VII. CONSENT AGENDA
1. City of Centerville October 15,2015 through October 28, 2015 Claims
(Check 29789-29802) (Page 2) & (Check #29303-29811) (Page 2a)
2. Centennial Lakes Police Department Claims through September 24,2015 (Check
#10567-10590) (Page 3)
3. Centennial Fire District Claims through October 15,2015 (Check#7165-7182) &
Payroll Check#7161-7164) (Page 4)
4. Embedded Systems, Inc. Annual Contract Renewal—Tornado Siren Maintenance
(Pages 5-6)
5. Approve Resignation of Planning& Zoning Commissioner Mr.James Flint
&Vacancy Advertisement (Page 7)
VIII. OLD BUSINESS
1. Res.#15-OXX—Approving Joint Powers Agreement Between the City of Lino
Lakes and Centerville Regarding Maintenance of West Cedar Street (Pages 8-10)
2. Res. #15-OXX—Approving Plans & Specifications and Ordering Advertisement
for Bids on 2016 Thin Mill& Overlay Project (11-249)
IX. NEW BUSINESS
1. Consider Purchase Offer for City Owned Property at 1737 Main
Street& Vacant Abutting Lot PIN#23-31-22-21-0058
2. Presentation of Findings—Potentially Dangerous Dog Appeal "Rio" (Pages 250-
251) & (Pages 251a-251b)
3. Call for a Public Hearing—Kelly Property/Easement/Trail- 7258 Mill Road
(Pages 252-254)
4. Review Metropolitan Council's 2015 System Statement—Centerville (Pages 255-
293)
X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS
1. Administrator Ericson
2. Council
XI. ADJOURNMENT
*REMINDERS**
Planning & Zoning Commission Meeting—November 2, 2015, 6:30 p.m. (Council Chambers)
Parks & Recreation Committee Meeting—November 4, 2015, 6:30 p.m. (Council Chambers)
City Council Meeting—November 10, 2015, 6:30 p.m. (Council Chambers)
City Council Meeting—December 9, 2015, 6:30 p.m. (Council Chambers)
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—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
CITY OF CENTERVILLE
CITY COUNCIL MEETING
October 14,2015
6:30 p.m.
Pursuant to due call and notice thereof,the City of Centerville held their regularly scheduled
meeting of October 14, 2015 at City Hall, 1880 Main Street.
PRESENT: Mayor Tom Wilharber
Council Member Steve King
Council Member Jeff Paar(Arrived @ 6:44 p.m.)
Council Member D. Love
ABSENT: Council Member Ben Fehrenbacher
STAFF: City Administrator Mike Ericson
City Attorney Kurt Glaser
City Engineer Mark Statz(Arrived @ 6:31 p.m.)
L CALL TO ORDER
Mayor Wilharber called the meeting to order at 6:30 p.m.
IL PLEDGE OF ALLEGIANCE
Moment of Silence for Mr. Mel Dupre—To recognize lifelong Centerville resident's passing.
III. APPOINTMENTS/PRESENTATION
1. Anoka County Historical Society, Executive Director Rebecca Ebnet-Mavencamp
Ms. Rebecca Ebnet-Mavencamp introduced herself to Council, stated that she is deeply honored
to make a connection/partnership with the City of Centerville,believes that there is an urgency in
speaking with individuals similar to Mr. Dupre who have so much historical information that
needs to be told, documented and in Mr. Dupre's case he is no longer available to provide that
information,but others may.
Ms. Ebnet-Mavencamp stated that the Historical Society is attempting to reach out to the public
via all avenues, Twitter, Facebook, Website, and blog to assist them in finding individuals that
will share their stories. Ms. Ebnet-Mavencamp also stated that they will be working in
conjunction with the Quad Press for printing of several articles. Ms. Ebnet-Mavencamp stated
that they would like to organize history preservation committees within all municipalities. Ms.
Ebnet-Mavencamp also stated that the Historical Society would welcome community space for
exhibits and a history day program through the schools. Mayor Wilharber questioned whether
the Historical Society had a traveling exhibit available to the schools or communities. Ms. Ebnet-
City of Centerville
Council Meeting Minutes
October 14,2015
Mavencamp stated that they are preparing traveling boxes meeting the requirements of the
Northern Lights classroom curriculum, free-standing display boards with photos and restoring a
Model-T Ford for use in parades to assist in gaining partners and volunteers.
Mayor Wilharber thanked Ms. Ebnet-Mavencamp for her time and stated that he had not had an
opportunity to visit the Historical Society's facilities in Anoka. Ms. Ebnet-Mavencamp informed
the Council that they were just commencing a prohibition event and that their hours were
Tuesdays, 10:00 a.m. to 8:00 p.m., Wednesdays-Fridays, 10:00 a.m. to 5:00 p.m., Saturdays,
10:00 a.m. to 4:00 p.m. and closed on Sundays and Mondays.
Administrator Ericson stated that he is a strong supporter of history, having already met with
Staff from North Metro TV to discuss history programming. He stated that former Mayor Mary
Capra serves on the Anoka County Historical Society Board of Directors as District #6's
representative and has a wealth of knowledge due to her past capacity as the City of Centerville's
historian.
Council Member Paar questioned whether during City events the City could accept donations on
behalf of the Historical Society and stated that many years ago the Centerville Lions donated to
the City for historical efforts.
Legal Counsel stated that donations could be accepted on behalf of the Historical Society as long
as it is clear that that is the purpose of the funding and that is where the funds went.
2. Anoka County, Park Planner Karen Blaska—Bunker Chain of Lakes Regional
Trail Master Plan
Ms. Blaska introduced herself to Council, gave a brief presentation regarding the Bunker Chain
of Lakes Regional Trail Master Plan, stated that the County has received comments from all
municipalities, has incorporated them and is now seeking the City's support for the plan.
Administrator Ericson stated that the Parks &Recreation Committee has reviewed the Plan and
recommended its approval.
Ms. Blaska stated that the trail project is a total of 14 '/2 miles with 11 % miles already
completed, three segments are needed to complete the project which are outside of the City of
Centerville and primarily in the City of Blaine, anticipated grant funding through Metropolitan
Council of $6 million due to acquisition of private property with the inclusion of the trailway
along CSAH21/Centerville Road. Ms. Blaska stated that municipalities are maintaining the trails
outside of the Regional Park. Ms. Blaska stated that the three segments are scheduled for
completion by 2018, however, development of the areas near the proposed trailway could delay
that completion date along with acquisition of private property.
Discussion ensued regarding the exclusion of the trailway leading to Centerville Elementary,
signage, Joint Powers Agreement for the maintenance of the trailway along Centerville Road and
questions regarding the trails continuation through the City of Lino Lakes over the I35W bridge
and along Birch Street. Ms. Blaska stated that the County is working with the City of Lino
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Lakes regarding both of these areas and anticipated completion will be in 2018/2019, but the
Birch Street section will be dependent upon development.
Mayor Wilharber stated that mapping and directional signage is so important and suggested that
the County incorporate and develop mapping with the inclusion of all trails within communities.
Council Member Love questioned whether the Council could take action on New Business, Item
#1 at this time(prior to V. Approval of the Agenda). Legal Counsel Glaser concurred.
Motion by Council Member Love, seconded by Council Member Paar to Adopt Res. #15-
034 — Supporting the Development of the Chain of Lakes. Council Member King opposed
and stated that he felt that the funding would be better served for roadways and bridges.
Motion passed (3/1).
IV. PUBLIC INPUT
1. None.
V. APPROVAL OF THE AGENDA
Mayor Wilharber added Checks #29783-29788 added and Item #6., Res. #15-OXX — Funding
2016 Debt Service Payment for the 2015A G.O. Obligation Improvement Refunding Bond.
Attorney Glaser noted that Item#1,New Business was acted on prior to IV. Public Input.
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. September 23, 2015 City Council Meeting Minutes
Mayor Wilharber provided Council Members with an opportunity to amend the presented
minutes.
Motion by Council Member King, seconded by Council Member Paar, to approve the
minutes of the September 23, 2015 City Council Meeting as presented. All in favor.
Motion carried.
VII. CONSENT AGENDA
1. City of Centerville September 24,2015 through October 14, 2015 Claims (Check
#29742-29782) & (Check#29783-29788)
2. Centennial Lakes Police Department Claims through September 24, 2015 (Check
#10532-10566)w/Voided Check#10526 & 10527
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3. Centennial Fire District Claims through October 2, 2015 (Check#7127-7160) & (Check
#7120-7126 Payroll)
4. S &B Center Corp./Kelly's Korner 2 a.m. Option Liquor License
5. Res. #15-032—Approving a Special Law 2015 Chapter 68 (Fire Fighter Pension
Portability—Those Joining the City of Lino Lakes Fire Department)
6. Res. 15-033 —Funding 2016 Debt Service Payment for the 2015A G.O. Obligation
Improvement Refunding Bond
Mayor Wilharber requested that Item#5 be removed for additional discussion.
Motion by Council Member Paar, seconded by Council Member King, to approve the
Consent Agenda Item#14 & #6 as presented All in favor. Motion carried
Mayor Wilharber commented that briefly discussed the vesting discussions that had been taking
place at the Fire Steering meetings and potential for decreasing the vesting period for their
current pension plan of firefighters from 10 years to 5 years which would allow for more
opportunities to attack and retain firefighters.
Council Member Paar concurred that there had been discussions regarding vesting requirements,
however, the resolution this evening is approving a special law that allows existing Centennial
Fire Relief firefighters the portability of their pension if they desire to join the City of Lino
Lakes' fire department.
Motion by Council Member King, seconded by Council Member Love,to approve Consent
Agenda Item#5 as presented. All in favor. Motion carried
VIII. OLD BUSINESS
1. Discussion on Letter from Resident @ 7384 Old Mill Road
Administrator Ericson that the City received a letter from Ms. Fruth, 7384 Old Mill Road prior to
the last Council meeting, additional information has been provided by Legal Counsel Glaser
stating that on numerous occasions the City has offered to work with the property owner to
provide a resolution but no solutions were acceptable to her or she declined to come forward to
accept a solution.
Administrator Ericson also stated that Staff has completed worked with CenterPoint Energy to
bury the gas line and correct life safety issues.
Lengthy discussion took place regarding the amount of assessments, the project (Clearwater
Creek Estates), feasibility study's inclusion of a sidewalk, numerous solutions provided to Ms.
Fruth that have been unacceptable to her, unsuccessful litigation by Ms. Fruth, the grade of Ms.
Fruth's driveway being within the standards/guidelines for steepness, drainage and future
development access to site.
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October 14,2015
Consensus of Council was direct staff to discuss with Ms. Fruth her desire for a correction to her
issue and bring that back for Council to determine the best method to satisfy her. Staff was also
requested to research special assessments and whether or not the developer subsidized
assessments to neighboring property owners associated with the improvements.
Motion by Council Member King, seconded by Council Member Paar to table the matter
until Council's next regularly scheduled meeting. All in favor. Motion carried.
2. Res.#15-OXX—Approving Joint Powers Agreement Between the City of Lino Lakes
and Centerville Regarding Maintenance of West Cedar Street
Administrator Ericson stated that subsequent to Council's comments and recommendations from
the previous meeting regarding the agreement, Legal Counsel modified the agreement and spoke
with the City of Lino Lakes regarding it.
Mayor Wilharber stated that he disagreed with the language that stated that the two (2) cities
would equally share in the maintenance and crack filling of West Cedar Street. Mayor Wilharber
stated that the City of Lino Lakes entered into an agreement with the City of Centerville for the
paving of the roadway stating that it benefited the City of Centerville by 10% and requested
payment of 10% of the costs associated with the paving. Mayor Wilharber also stated that why
would the City of Centerville now incur 50%of the maintenance and crack filling expenditures.
Lengthy discussion ensued regarding the true benefit to Centerville, the benefit of paving a
portion of Public Works' driveways, connection to 21" Avenue benefit, North Pointe
Development benefit, Lino Lakes' Charter Commission, needs assessment for crack sealing and
intervals, and entering into discussion with Lino Lakes regarding modifications to the agreement.
Motion by Council Member Love, seconded by Council Member King to table the matter
until Council's next regularly scheduled meeting. All in favor. Motion carried.
IX. NEW BUSINESS
1. Res. #15-034—Supporting the Development of the Bunker Chain of Lakes
Regional Trail
Previously discussed.
2. Proclamation—Minnesota Manufacturing Week—DEED
Administrator Ericson stated that through the Minnesota Department of Economic Development
(DEED), they annually recognize manufacturing companies throughout the State of Minnesota
and the City of Centerville has assisted them by utilizing their web site to recognize our local
manufacturers. Administrator Ericson stated that this is a very simple recognition tool and that
he would be delivering Certificates of Commendation personally within the next week.
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October 14,2015
Motion by Council Member King, seconded by Council Member Love, to Approve
Proclamation—Minnesota Manufacturing Week—DEED as presented All in favor.
Motion carried.
3. Rescheduling November 11, 2015 Regularly Scheduled Council Meeting Due to
Veteran's Day Holiday
Mayor Wilharber stated that meetings can not be held on a Federal Holiday and Council's
November 11, 2015 meeting falls on Veteran's Day.
Consensus of Council was to reschedule the November 11, 2015 Council meeting to November
12, 2015 at 6:30 p.m. due to Veteran's Day Holiday.
Motion by Council Member Love, seconded by Council Member Paar,to Reschedule the
Regularly Scheduled November 11,2015 Council Meeting to November 12,2015
Commencing at 6:30 p.m. Due to the Veteran's Holiday. All in favor. Motion carried
4. Consideration of Cancellation of November 25 & December 23, 2015 Council
Meetings—If Necessity Arises,Mayor will Call Meeting.
Mayor Wilharber stated that with the upcoming holidays Council may desire to consider
cancellation of the two (2) second meetings regularly scheduled for November due to
Thanksgiving and December due to Christmas observances. Mayor Wilharber stated that this
has been the practice for the last several years.
Motion by Council Member King, seconded by Council Member Paar, to Cancel the
November 25 and December 23, 2015 Regularly Scheduled Council Meetings Unless
Necessity Arises. All in favor. Motion carried.
5. Res. #15-035 — Receive Feasibility Report/Call for a Public Hearing on
Improvement,Authorize Plans & Specifications—2016 Thin Mill & Overlay Project
Engineer Statz stated that the 429 process requires acceptance of the feasibility report, calling for
a public hearing on the improvement, authorizing plans and specifications associated with the
2016 Thin Mill & Overlay Project. Engineer Statz also stated that if Council desired to receive
bids prior to approving their 2016 Budget the presented schedule needed to be followed.
Engineer Statz stated that with rescheduling the November 11, 2015 Council meeting to
November 12, 2015 he would not be able to attend and that the public hearing would need to be
held on December 9, 2015.
Motion by Council Member Love, seconded by Council Member Paar, to Approve Res
#15-035—Receive Feasibility Report/Call for a Public Hearing on Improvement, Authorize
Plans & Specifications — 2016 Thin Mill & Overlay Proiect as presented All in favor.
Motion carried.
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6. Final Pay Request,Northdale Construction—2013 Street Improvement Project—
$75,811.05
Mayor Wilharber questioned the delay of this payment. Engineer Statz stated that several issues
delayed the wear course until 2014, but it should have been finalized in 2014. Engineer Statz
also stated that it has becoming increasingly difficult working with the contractor on this item
with punch list items and final payment.
Motion by Council Member Paar, seconded by Council Member King, Approve Final Pay
Request, Northdale Construction — 2013 Street Improvement Proiect — $75,811.05 as
presented. All in favor. Motion carried.
X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS
1. Administrator Ericson
a. Rice Creek Watershed District Appointment
Administrator Ericson stated that the Rice Creek Watershed District is looking for a manager on
the Board of Managers since a term expires and if any members are aware of someone who may
be interested to let him know and he would submit their name. No Council Members were aware
of any interested candidates and Mayor Willharber requested that the City notify Anoka County
of the same.
Administrator Ericson stated that on Tuesday, October 27, 2015 he would be participating in
Anoka County's first Economic Development Summit which he felt was assist in brokers'
knowledge of the community and its offerings.
Administrator Ericson also stated that he recently met the president of Hans Hagen Homes and
has been working with several companies that have been interested in the Reel Manufacturing
site. Administrator Ericson reported that he has been in contact with Mike Brass from Colliers
and Lou Suski from Gaughan Companies along with Mr. Rich Defoe.
2. Council
Engineer Statz reported that the Minnesota Department of Natural Resources is requiring that the
first of three phases of a water supply plan be presented by December of next year and he has
been working with Mr. Palzer on updating this item. Engineer Statz also stated that Rice Creek
Watershed District is looking for information regarding the irrigation system, ponding and water
usage for the storm sewer for the Downtown area. Council Member King requested a copy of
the City's current water supply plan.
Council Member King stated that he was unable to attend the Parks &Recreation Committee due
to his attendance of the North Metro Telecommunication Commission meeting. Council
Member King did report that the Commission approved forwarding to municipalities the
CenturyLink Franchise Agreement for consideration. Administrator Ericson stated that funding
for the sledding hill was discussed with funding coming from the Dead Broke Saddle Club,
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October 14,2015
reported that he would be attending a Tour de Hugo meeting as a connection between the cities
of Hugo and Centerville may be a possibility and that a 2016 Festival meeting had yet to be
scheduled including all stakeholders.
Council Member Paar gave a brief update of the recent Fire Steering Committee meeting by
stating that the vesting of relief firefighters was discussed, resignation of Chief Glen Olson and
David Bruder's assumption of most of his duties and responsibilities along with a title change to
Assistant Chief. Council Member Paar did state that Assistant Chief Bruder's pay will not be
offset so the budget is not impacted. Council Member Paar also reported that Chief Lundstrom
has been updating files on the computer system along with streamline the payroll. Mayor
Wilharber reported that there is one more meeting prior to the official withdrawal of the City of
Lino Lakes from the Centennial Fire District (midnight January 29, 2016).
Council Member Love reported that there was not a quorum at the Planning & Zoning
Commission meeting and Commission Member James Flint has resigned from the Commission.
Mayor Wilharber reported that during a recent alcohol compliance check all licensed
establishments passed. Mayor Wilharber also stated that the open house for Chief Olson was
well attended, Centennial Fire District's open house on October 10, 2015 received approximately
15 individuals and that retired Centennial Police Officer Todd Gleason passed away due to a
massive heart attack at age 66.
Mayor Wilharber reported that due to the retirement of Captain Nelson a Special Meeting of the
Police Steering Committee was held on September 28, 2015. The Committee approved the
promotions of Sergeants Blank and Aldrich to Lieutenants and stated that they will be saving
approximately $10,000/year by not filling the vacant Captain's position.
Engineer Statz stated that the Planning& Zoning Commission will be holding a public hearing to
discuss an amendment to the City Code, Chapter 155, Flood Damage Prevention which will
include the new FEMA map revisions.
XI. ADJOURNMENT
Motion by Council Member Paar, seconded by Council Member King, to Adiourn the
Regularly Scheduled Council meeting of October 14, 2015 at 8:20 p.m. All in favor.
Motion carried.
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CITY OF CENTERVILLE 10/28/15 12:28 PM
Page 1
Check Detail —October 28, 2015 - Update
Check
Date Check# Vender Name Comments Amount
10/28/2015 029803 ANOKA COUNTY TO RECORD STATE DEED- 23-31-22-34-0056&26-32-25-23- $35.10
10/28/2015 029803 ANOKA COUNTY TO RECORD STATE DEED- 23-31-22-34-0056&26-32-25-23- $35.10
10/28/2015 029803 ANOKA COUNTY TO RECORD STATE DEED- 23-31-22-34-0056&26-32-25-23- $35.10
Check Nbr 029803 ANOKA COUNTY $105.30
10/28/2015 029804 BLAINE BROTHERS,INC. 2007 STERLING TRUCK-MN DOT INSPECTION
Check Nbr 029804 BLAINE BROTHERS INC $98.75
10/28/2015 029805 CITY OF ROSEVILLE NOV. 2016-IT SERVICE PER JT PWRS AGRMT $63.62
10/28/2015 029805 CITY OF ROSEVILLE NOV. 2016-IT SERVICE PER JT PWRS AGRMT $63.63
10/28/2015 029805 CITY OF ROSEVILLE NOV. 2016- PHONES $91.47
10/28/2015 029805 CITY OF ROSEVILLE NOV. 2016- PHONES $91.48
Check Nbr 029805 CITY OF ROSEVILLE $310.20
10/28/2015 029806 FIELDING, MIKE OVER PAID SURCHARGE#15-092-RE-SIDE
Check Nbr 029806 FIELDING MIKE $4.00
10/28/2015 029807 IRRIGATION BY DESIGN,INC. REPAIR SERVICE-LAMOTTE PARK
Check Nbr 029807 IRRIGATION BY DESIGN INC $600.00
10/28/2015 029808 JV SUMMIT CORPORATION OVER PD SURCHARGE-C15-060 ELECTRICAL PERMIT-7082
Check Nbr 029808 JV SUMMIT CORPORATION $4.00
10/28/2015 029809 MCCULLOUGH AND SONS WELL DRILL 1977 S ROBIN LN-WELL ABANDONMENT $650.00
10/28/2015 029809 MCCULLOUGH AND SONS WELL DRILL 1995 ROBIN LN N -WELL ABANDONMENT $650.00
10/28/2015 029809 MCCULLOUGH AND SONS WELL DRILL 1977 CARDINAL DR-WELL ABANDONMENT $650.0
Check Nbr 029809 MCCULLOUGH AND SONS WELL DRILL $1,950.00
10/28/2015 029810 MINNESOTA RURAL WATER ASSOC MEMEBERSHIP DUES-OPTION B-12-2015 THRU 12-2016
Check Nbr 029810 MINNESOTA RURAL WATER ASSOC $250.00
10/28/2015 029811 SUN LIFE INSURANCE COMPANY DISABILITY INSURANCE-NOV.2015 $57.80
10/28/2015 029811 SUN LIFE INSURANCE COMPANY COBRA INS-D LARSON $3.60
10/28/2015 029811 SUN LIFE INSURANCE COMPANY DISABILITY INSURANCE-NOV.2015 $136.10
Nbr 029811 SUN LIFE INSURANCE COMPANY $197.50
Total Checks $3,519.75
Q.
Memorandum
Date: October 27,2015
To: Honorable Mayor and City Council Members
From: City Administrator Mike Ericson
RE: Appeal Report&Recommendation for dog"Rio" and Designation as Potentially
Dangerous Dog
RECOMMENDATION: The City Council should affirm the decision of the Police Department
finding that the dog, "Rio"is a Potentially Dangerous Dog.
REPORT: This report is a recap of the hearing held on October 15, 2015, with City Attorney
Kurt Glaser, during which I heard testimony from CLPD Community Service Officer Joe
Wressel, dog owner Mike Lee and his father Allen Lee. The victim Michael Sink was not
present nor the witness Cory Anhalt. The meeting began at 5:30 p.m. I thanked the attendees and
proceeded to hear from the witnesses.
Officer Wressel provided a recap of the event which took place on September 16, 2015. The
relevant facts of the case are not in question and are consistent with his police reports. Most
importantly, the relevant facts of this incident are also consistent with the dog owner's version of
the events.
Dog owner Mike Lee explained that his father, Allen Lee was walking the dog on a lease when
the incident took place. Both Mike and Allen acknowledged how the dog bit Michael Sink
without provocation. Mr. Sink was transporting rocks in a wheelbarrow when the dog bit Mr.
Sink in the leg. They believed the wheelbarrow must have frightened the dog. Both men stated
that this is out of character for the dog. They believe he is not a dangerous or vicious dog. Mike
apologized. He noted that all dogs have the potential to bite. He has walked the dog many times
and this has never happened. Mike believed that if he had been walking the dog instead of his
father, this would not have happened. Rio is a 6 %2 years old dog who was rescued from a puppy
mill when he was 1 year old. The Lees challenged whether the dog should be designated as
potentially dangerous. They did not challenge any of the criteria imposed on their dog should this
designation be upheld. A few questions were asked and answered and all parties left. I stated
that I would prepare a report and share it with Council at its next meeting.
The standard for Potentially Dangerous Dog is defined in Section 90.10(a)(2) as an "animal
which has ... when unprovoked by a victim, bites human or domestic animal while on public or
private property." Based on the police reports, and listening to statements from Officer Wressel,
Mike Lee, and Allen Lee, I have determined that the designation should be upheld because this
dog, Rio is a Potentially Dangerous Dog.
Thank you.
If you have any questions please call me @ city hall or e-mail at mericson ,centervillemn.com