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HomeMy WebLinkAbout1999-05-12 CITY COUNCIL - MEETING ._ - AGENDA WEDNESDAY; MAY12, 1999 6:00 pat I. CALL TO ORDER 1. Roil Call II. PUBLIC - HEARING (5) - - III. APPEARANCES IV. CONSIDERATION OF 1. April 28, 1999 CouncilMeetingMiuutes S 4\ � 4 V. PAYMENT OF CLAIMS �" 1. The City of Centerville - May 12, 1 - 5 2. Centennial Fire - DistrictApril - 2 - 2, 1999 - � 3. Centennial Fire Milk t May 5,1999 - 'v VI. SET AGENDA VII. PETITIONS AND COMPLAINTS 1. Request to Waive Variance Fee- 1695 Sorel Street 2. Request to purchase Garage 7024 Centerville Road i - kx -U VIII; UNFINISHED BUSINESS 1. Lake Area Utility Building 2. Center Villa Final Development dc- �C 3. Rezone Request for Property East efWillowGlen � `w 4. Prelinninary Plat C ---'7(j) do ' 5. City Hall C /Quotes 6. Ordinance #5- Firearms 7. Interim Use Permitfor - Redi Mir - Dennis - Shady 8. Council/Commission/Committee Recognition Plaques - - 9. Animal Ordinance #24 IX. NEW BUSINESS 1. Goetz Landscaping- Prelmrinary review for-Grading, _DEaivagc, Erosion Control & Utility Plans: 2. Flood Plain Ordinance Amendment X. CONSENT AGENDA XL COMMITTEE REPORTS X1C. ADMINISTRATORS REPORT XI I. ADJOURNMENT BONESTROO ROSENE ANDERLIK W 6516361311 05/06/99 14:02 5 :02/03 NO:222 • &Metes, New and Mesas Mo. •M ANMMrno AaiwrtpW etworRwv EnlOM P Bory Bo P* as:CRP P ;.t Jea I% 0. AMMO. P.E. IMAM L at PA Bonestroo Richard L lyre, PE. Glen R. Cook. P1. 1 Robed G, Bdwnitrt P.E. J.rry A. aoord.a, P5 1 R osene ROOM W. Rowe, P 1. $Wn M. EAOmIon* n, C.P.A., Be ConlaMnq An deriik & AuooloS PAIc$1 A. EMMrd, P.E, 7 Pe A. Gordon, U P.E. B Rahn R. PIOMM, Art Ric/MM W fillart Dan O. L*MSs, P.E. 1 Rawl C. Rust, ALA.1 M.d A Narmr. P.2.0 WOW T. Roam P .0 Tod L Rid. P.E. C Wroth P. Andlnal, P.E.1 MKIk R. Rao. P.R. Associates Sam P. VaimnoPn, P ., LB. E Raul P. Wood* 0 M. flm 0 MSS P. Rau. P.E. Aar Piok SO &, P.E. a Odlw: M, PM, RA3i4M, Wylmr .rid at crow, MN 0 MMaatot WI Engineers & Architects WEEK IN ' : VIEW ENGINE • t G ISSUES CITY OF CE ERVILLE April 26, 1999 r May 7, 1999 BRA Fide No 616•GEN SCHOOL CROSSING AHEAD — FLASHER SYS A! ON CSAR 'bbCS -1-14) LL 1)4111-4C5 inatkikA4C • All work is completed, including restoration aro poles. ht I �7i 0� 1 ' ` etki WOODS OF CLEARWATER CREEK • Contractor plans to finish remaining items this nth: earthen berm, bituminous trail and storm sewer outlet; raise MH castings; final layer of bl ktop; will wait to do concrete sidewalk. BUECHLER ESTATES • Contractors schedule is to start grading a 17, 999, EAGLE PASS • Inspecting street settlements — will have contract r repair before final wear course is placed. PARKVIEW ADDITION • Meeting is scheduled for May 11, 1999 with veloper and contractor to go over remaining items. • WATER INTERCONNECT • We are trying to schedule a meeting with B nt Coatncy of Terminal Transpon, regarding temporary easement. DEER PASS • Revised Plat and Grading Plan were received M 5, 1999. showing 14 lots instead of 15. A 30- foot easement is included for extending utilities t the north. Pan ( 2 2338 West Highway 38 0 8t. Paul, MN 551180 J3514U-4600 Far: 851438.1311 1 BONESTROO ROSENE ANDERLIK x 6516361311 05/06/99 14:02 J :03/03 NO:222 SEAL COAT • The low bidder was Allied Blacktop from Maple Grove. Work will take place in June on 4.3 miles of streets within the City. GOETZ L4 NDSCAPING ■ Sent fax with my comments on the grading plan ! Recommended ditch (County Ditch No. 54) be cleaned out. CENTER VILLA • A revised cost estimate for utility improve= is was prepared to determine letter of credit amount from developer. City's share for water ain oversizing and looping is 525,800. Page 2 2 2335 West Highway NO St. Paul, MN 56119 0 ! - 1436.4600 0 Fax: 612- 636 -1311 • • E EAXEr . " Werra st I RELIMINARY PLAT -� _ o� . Ow etc + To sme- P1ar -44, ziev RKep7 ar,,p,-tto = '\ L ,sUIWr"i"I mos:a - F � --. FROM � 4 4 p aa - rbie- / me / 2 0 PREPARED FOR: PASS - R dt R LEASIl+iG LEGAL DESCRIPTION 5 ~films -'I' [r+ -n 11 -- O�I�.1) �1'BEIN The East Half of the South Hoff of the • •rT Yr (n0 EI r �GiF+I `': 1+1e y./k( Northeast Ouorter of the Southeast Cuorter ��. ! , f r PO BOX of Section 74, Township 31. Range 22, Anoka '90• Z4 LOCATED IN THE CITY OF CENTERVIL -�"- -•-° - -- �- - 1 HU60, MN 55038 County. Minnesota. Subject lo roods and any / 7 1. 41 easements of record. TELEPHONE 426 -1345 Prbe Z4-' FtoemM pwna unE OWNED aao, NC. r nOC:0_= P4o.@Tr e -j• a's t t 11 SETBACK DIMENSIONS NOTES et 1 ♦ ,9'19 69 3' �:'t9! N,4YYIf._ .. /C 947.60' I r YIL�IOIIIfIVtiliif 3 e . , l 1 • . • / ARE SHOWN THUS 1 w M- O � • s ._ \ r TOTAL ACREAGE .35 ]es .ah = ID D3 erre. 0 /per- • lilt a .\ . - , - • .' = I7` / 1 TOTAL NUMBER LOTS - 14 `/ / p I DENSITY RATIO 1 14 Ba�rR>P Ppm-w y •u . _ I .f '1a 'R�K - PblWL.4.z. ' ; � i I \ r ,s . - ': ?, 8 au"' o ¢:ar ± . SG' 2.. r +LL a .. rr 3 . .,a. .gtisA / “441.1C “441.1C Id I N -.- =— ... -_.0 APR % GREEN WvkCE 150,000 r. • - m ■ e o .ores 0 , C \ p r / _ fF 1 . I .' tl �I � I _ T GREEN SPACE/TOTAL • e0; • /� �•. (]2 �� I��•+ _ /� ���y� /� i STREET WIDTHS HAVE BEEN �• Lr_+ rwrV1t•T- 1 =• � - - � I , i . w / � ■ 9 -1 \ Iii' - _+I /° 4/v5Zp 4 -b / GA , _ / �1' � i 14-04444.4.4.14. y� I I ■ r 5 R511 - I 1 E on= PLAT- [OVxy h cbg • - t : 1 . \•\ ♦w / y _ t REDUCED FROM !2 FEET T-0 eap�N� /ff �,�y E�� • / I • 1 ,1 5 5 W is LrJ� M ( ”. 5 ($WGL FA.NLY REYDCNn4 � ��� ' ... as I �`- ^•^" R-'^+ 1'I'1S r i 1 5.,6]9 f `�� \i .. \ t0- y I I r ]a 2 U • FEET FROM TO !ACE �I v L � � OMI•B! P C M T RI O `_ I • • • 1` ._" I • 5 !- IL AL r -I Y. 1 S ` / !a „i 1 r l 1 4 r 7'12 , c ) ..1._-. Ty I P 9h rvrin Shown rc l Jiff. sipR M FLmncn - y — N ' r `r1 a 9 s 9oinicol � ' q - I 41.5•24j: '. oy / •� LDRB WNPNC£ PAYPN.fT y, ✓ L. �Y 7 n. _ III ft) / 622 . • l� � � ' ` 6x � e E 313 76' ' + � `� 1641;1 • y 1 !::11;11 TYPICAL EASEMENTS: LEGEND I,ti �� 0 . • aLn I h i s� - f g , � Si r y _ --.'- 4:...: L W i t e 4\ ', • 1 f ti _� DENOTES Exlsnxc CONTOURS i $ /rp E • lQ ` 6 ' Z It � i � h � , - , S89`31" E I / I I ' - 4) DAMON. DRAINAGE k UTpTY EASEMENT _. 1 FOOT CONSLIR INTERVAL w t( �, 3 - e1 / . za, - PJa 1 z' q / •y ( - -- DENOTES CAS ONE Vrt F • M o o bi _ ' d • 1 , . I !e _ + 1 — -1 I- - --7E1.— �� aENmrs uNUNDERGROUND ff1£PHOVE \ Se0 • r 1 . t I J ' 1 $ • +.; _ Y L O n l I STREET - J 1 --coo.--. DENOTES OVERHEAD ELECTRIC tJNC 0 - I 35C . 16 I _ �e9N4 5,9r cIt III 13 F, L�. ' LW 10.00 I I _ • ^ 5 , - • ;.:1 G(; S. s.11— DENOTES SANITARY SEWER l _ ¢ 1 - • I r �r � . . T Tr 1 L 5 W �_ • --- DENOTES wA•ER MAIN . rye 1 pry 'Olt 11 ♦ ' 1 ' # 1 ( r ' O C IL091 1 L _; - 1D LO El DENOTES LAS MARKER L..: . PD • M- 9.2i-4OOE Y,. y 1 - 5 Q } C C J OY.^EP P E M TRAVIS ] • • I F. '^E,JO] p. / 1 .. :: CLL. p TEL DENOTES I op, C R P E BOx �l �� 4 x \ -� .I ` �. ' }REAR LINE' '® DENOTES POWER POLE I x ♦ 1 8 as 1! R D E6O 10 15$ fx,S nRE NG WETLAND - •\ S r •� �� 1 •r 0 mi l_. ►' .N6 me X wol■ 41124 o 4 sTRm DENTEnNG I.FTLAND • LL N _ - r , N..,, I i r N rr _ ..D: 1 i I s AJOCI X o.WC LOTT ° UAILM MO f+•s 4 6n C • r f l I s 3r. d RC -13-3 _ 4 f m TRAVIS j� II O VfiX 3 4y . 29K/ / ��. - yll. . *& . ' V1 _ , - �9., %, „ _, _.l UTILITY CONTACTS: VICINITY MAP •r.. i •± C ' r - 2 .1 rj frm¢ rI LOHNCX SIDRM wAmNa.Av I II i I 1 e5p6 65 W IIS ENERGY CITY OF CCNTR MLLE r y s w I <yb. � 11 ;0 PM1 ( 6 2) 323 P 3919 . T" • 6• ` 7 � F 630 95 a' 00 Fox 60299 r1) H % frO \ 1 , f ) 4 29 -e629 PD - m -YYJ -4006 • t v* � � / I4,192 .1)R , y so 3 t ' ` s OARS? PC MTRAVIS '- Y *AS. BO.vF RDSFNL 1 I ; 2 I I - N' epa AND NDER INC. • e ,� t 9.t , m.a . I 'i mopping seers re+• 636 444o I JM1B - 11 4 t N_.4 '.. , ir / w/ ► I r. r ( 2J u, - 5430 Stone: (65 eh i C P. . 1 - . F (m2) 321-54130 Roo (Sr 635 =Jlr i , / l s• _ rd 2 8' 1 l I- r ,. wwirPWkE •Ututh.s moPe4eno 1 rfr A ry -r /' I Others - (`, / J \\ � 1 l 4 nd �,- _» { II{ Ill aw Coto o-r ar. oPa < w i� Y Boo • . { . 0 2]62 1 only. CALL DOPIER ` i I 9Sw ' - F 730-131.16 STATE ONE LNL BEFORE ]Y6 SVrN < i I 5914'6' R9"8' 859.69 '- LAMS D Docmo.. storm pi . s 1)w mw.n, Iwm ➢» PO • u- Y22-4A-009] - 1- PA.IYY 96 PO- le-y-22-44-0035 II PO • le-22-4.4190.4 0 0 . 4.1 4 1 . 9.72 . - 3 141 . n w r e nr N,6 pow OW`8?OEOSAXI{Yr el-4450N IOANEM4EL J. Q I y ;g„ a E' T OVA • R.E J STENO I , W` 1 DRS. f i x 312p by Win ne rN D income N• 0 I I � f X _ _ r 1 Prone' (6517 !'2 - by Almon 7999 LAND SSURVEY Y T KG �.r � O � . ... 1- -2 1 p t- .,.. � , + Fac 4xc0 MOrF: /I,AJoIM,,t PcE9 !schwas �- -b plOSSE)q ` YO Y INTe NG Vl�au Cr P1 e-krt- s7ra.,.J=ENCING M p2)i e \ raft 71 gpj Nocp1 t 4dfi{ NSF 'S PoCrescrt UN.E ro.%. ...L...-4- 3- N GRAPHIC SCALE 6. v 1 m No Tm-aPP spat 3p9ry PLAN NOTES ... 1Egf8Y UPIp'Y MAT „95 PLR6L SKOBLA df Rlpd1T 1041I■ - 01667e BY *PA DC Maim -tlr. 91Rn 1 M 1 rA5 PRV NLm BY YE OR YNODI MY MFar AIPFAMlM11 ,($� @@ �/(pp����/�� w W A Y DEN4D N D SUR EY N U DW �g� '885:1113 a t 1I1G1;W 8 /4/N WWI ra an v. Em rmq.n oh. boor. .e Ins. sa umITY w+l a i a w /e r 1� -- I D SURVEYING 1 N Mr t a r. >oRer.e eoNW.. n.e1 P me .oN.....v44 Eros lures, • ' eili@4vnnnG @Stn n... & ) GQN E21NO I 1 Web • m ft. M. ms 9WMION Or ' s¢ IaMOwO. aPwrulY U+D w�M CWma PV++. T NORTH DATE: SYS /F9 Ks. Na (176 �/ec0welb S4 0 I5 PA . 1 10 4612 — Y TLN •Nf 701.115 BAT- 01).0612 ■ • PRELIMINARY GRADING, DRAINAGE & EROSION CONTROL PLAN �'"'�D �( � LEGAL DESCRIPTION LOT TYPES R & R LEASING FULL WALE OUT SPLIT EOM WALE OUT LOOK OUT "-- , DEER PASS The East inns of NB Subject South Half o' the E _ ° f " �) EN Northeast Quarter of the Southeast Quarter » fl4 N Section Quarter 3 Range 2 Anoka � ���� ( MN 4 of tion Township Sec Minnesota. su Eject to roods and any �1 — /ry PT SIV�, l.LL, 426-1345 easements Ot (BGWa, aiS , - .c!' - _ • . 4, ; C TELEPHON: 42 1345 a e e ar ; - L '^T a ,_ 1 e I LOCATED IN THE Cr1PY OF CENTERVILLE - �" fach.,).Oe S t.4.44CLt4* ' Po • 4-31-82.44-(7001 ti ' C 3., �� v�.. A r4. +qo�+E =aovar 5 "� °ETIaL . W � . ... .........' ` o . � wa•cs YnVETO IMPLEMENTATION SCHEDULE ROCK CONSTRUCTION ENTRANCE ji�-♦fsw�BL,yq _ 1.17°' 0 &Jo10AD1C wlrui ,Lr roc Y° ,su£e PW vefH• {.� 9a3 eJ q // ��� -'�— \ °°°° (a Mara 911E5 LL Y MPYXa e . n F itC4 CMa no awE TMaI trl 23 PROCEED .111. ROUCet (Rao Z r 's(,l i� ' .bm I'1 µ ° vw �ms s „a, • - Imo` T . TyY el nos NN L SOILS E6,v.R➢ PPM PAS^FG J� y . 1 / � JJ� 4 " r i� i I .— RANT_ — +ew° ws s w. x SPREAD w ..° AND uw AREAS . ear. PM +a 0 k 1.1 B / �� .I�' .../ � �� `�` Sel 1 ® I mO,mw rwX e,] en. lwr of icswuo axn. TS rGU N W _ . _ _ - ` E �'� 'rw 3 TS M ama m 81017.8000/122M cross can*aX ro e m.rw CC Mw XEn.Lws TO x )+ �/� ` �_ ` I m! .ar (m as u.� Pn�w aewwir .ro Pf y /1 � , 'N a S� I_ • ` 1 Y taws Th I L YE11M°9} J y 11l \ / .. , • '� � � `., ue SJ SED7 FOe Wxe TC Mt "" GMIWXI - MJ°' I,PE W. 4 J _ _. x' i I trig! ' N r .. l . " Lw m J SEED FOR e T (x t 3REA ( 9 m ' Q I - 1 PPrm { f li 1 t o � i I I: 'J]t . ..0 aL":`: :°a .'.` Ew a i o isa r . . Ha XII( d x t, q a� i q . "" ' !I� ) W��I � ,,II �L ��wall I II WE DE TAIL � � W yet � `1� o `�t inf ' r I A SILT FE NCE DETAIL LEGEND P w t. ✓ [ k . e 1 11I . , �.. _Min �I�1ill ' Per\ t I / ,_�� N ay MOO • `� EASING CONTOURS _ _ �' _ l � „, PXpwsEa CONSOURS � '. • �a� 4� �Z �'� � 1�= �� , �I��� ��� �i a.°w mi � aws !roar ccxrcw :n]wvnL �-M i1J ����// / gar or t,.Q �, an[ 1. �l1 �7 �,' `6 j_ I j ��(�� �� �•) 111111. � P 5 �'! = 3 � ° , m v Qi°"w �Bt v s RausE Vw anc<w /cn.acc b. S. a1 '¢ , • iy (- y � ) � � � "'ti S.+B 4EV.n[e I I g I' � �11�� � dam. . Q� moo ! � ! � * t , IN Ij ') < B L > 1 A.e �L... eoe EMERGENCY oscRrLaw w'c.e i I • 1 _ �� I 1 ��Rn �w.2imon b . } � 9LL iENCE 5 p y � 1 ��' �t � e ►�JB� 1, I I .55 \ ��;r�e .. I MI \ _ � ?_ C L am` ! m DENOTES STREET GRACE a` IRO >s I ; V / DEnaT�S HAY BALES y S \ ` I / ♦ `\' I I _'^� C m' aENOrss ex SOa AETL.ND �� tlyyy � �I ccitml.,...._s 1 ! s ®, ( a L I �) ° VICINITY MAP BALE CHECK DETAIL BALE DITCH SEDIMENT CHECK „, ,, prom 1 - MI a ow% 4 ci (r _--- -ft • ,'', r. It ..� ” _( I. f " �� �d^1.��IX V: a .n. I ' ,a :fibs... ..w - ,ti, e 1111 II ; k R i F \ �� \1 q , �. y/��prfl � ' . .;�y4 j .. ... v .... a I . .i / ((( AN. 4 _�s� BlIL1f F M1aw ` e I nvt , q ,' 1 S1 If �� �!' ' b ., ��� el �j�1 r° 18 1���� i •�.nu�• � 1� 5 n1:1 »� r ( (a\ 95.x Q A )\ `tJ� 1 I ` '.r �IS'+E1 a54 ) li ,s., sfeor.N n PECWPQUEB 3.0X6 1.11 il 1 T M1 A .__s. A 1 ' nal' 0104 cOLYS m twins (PAM . . P.n! . nrl a an. lnq Pan! B PD. WY3t64CO3] �PD. VOL P ,. -0056 W • 4- 3FZbd6-0035 �.' !' 11 Ii • S IJ bmr '.MKfA --J ITT) rw � s St. PO • a E D 9A%TCN K LA45W ONKP 4 G t 4 - -003E - PO. N- ew�3a PO 4 22 u-00Ja PO • V 5Y9}4a09B b E e vAnebsn+ OMNI P E r XB+ ®r ovr•HF 4.E , STEW I 1 ; aa. tra a 1.... 9ii 2OPl G - R -2y'Ty 5 13 a) i t i bo GRAPHIC SCALE ORA.w a. or .2107 p.m NOTES 1 t[IaDY emm TXnt NIS PIMI. YEUni WORT 6 b4 WAS TVN('0 aY IE Ge UNOE• IJY 0111ECT AIPERw90N C#f 0E SP *4 I ,oe Oo wle] -nr I swat r ! W,U1w OQJHE.TgW MO OM MOUTON RES er N.purwc MO EAT 1 MI A DULY REtl51CaD PgafES4aN.y DOWER �� E 1YSG1l D !P 1 ' 7 T ■ j/yAy AVM XEaww reR u GHMRO'IYfXra WW1, COMPANY QUESTIONS a Gwm+IS MumIG _f : .� �- �� `_ � TO XLMANO ISSUED SHOW, OE MrtCTfa TO PAUL Xv0.»AUG ST PHOke NE LAUD 6 /.ft Of YMIENT4 � } g X (( V J . /'m nn R 4ro Ox X d (32.0)285-8314 OR nn (Jm)zes -eJ1a. b P 1 a rm I 3 VIM 'n P•1 an /KOx*uE CA DATE: n HO. �1tAliM {$i &l4AHi43'3 $ 1 an. ea a w ax o oarnw In • NORTH Prrtomoszk Arc..... resin 70Ma.051,,s.em PAM emu Emma art lie•Sera,a CITY OF CENTERVILLE NOT AP PROVED CITY COUNCIL MEETING APRIL 28, 1999 Pursuant to due call and notice thereof, the City Council of the City of Centerville held it's regularly scheduled meeting on April 28, 1999, at City Hall, 1880 Main Street. PRESENT: Mayor T- onrWilharber Council Members: Terry Sweeney Mari Nelson Theresa Brenner Mr: Dick Travis ABSENT: None STAFF: JimMarch, City Administrator Ry -Chel Gaustad, City Clerk Paul Palzer, Building Official/ Public Works Director Tom Peterson, City Engineer James Hoeft, City Attorney I. CALL TO ORDER Mayor Willuuliei called the April 1999 Council Meeting to order at II. PUBLIC HEARING Royal Oaks Industrial PreliminarrPlat Consideration Mr. Mike Black (Royal Oaks Realty) gave an overview of a proposed Industrial Preliminary Plat. The ultimate plan has been to provide a site for Royal Oaks Realty and Const, uctimrfaei)ity. After consulting with a building architect, Royal Oaks down sized the plat from 9 to 8 lots to allow largermore spacious parcels. The lot sizes meet the requirements.: After preliminary plat approval the developer plans to submit utility plans, completed by Bonestroo Engineering. The grading plan will be completed prior to a building Requests will made ofAnoka County authorizing one access from 20' Avenne Mr. Blacknoted that they planned to waituntil the north road is constructed prior to requesting a building permit. The developer considered the - building size, minimal green space, set back requirements for parking and building set backs. Mr. Tom - Peterson questioned the-ditching -vas assured that a comprehensive drainage plan will be adhered to and that the necessary easements are noted. Mr. Black commented that RCWD has reviewed the plan and will make comments to the City. Councilmember Nelson couG, u iel-that lots numbers 5, 6, and 8, will have road access prior to authorizing building permits. Mr. Black noted that they did not foresee a problem because they plannedto construct the road- priorto issuingapermit. Page 1 of 9 Mr. March suggested that Royal Oaks approach_ Anoka_ County access onto 213 Avenue " Mr. Black did not believe there will be a problem - receiving county access authorization limited generated traffic. Mr. March confirmed Mayor Wilharber's questions pertaining to the road construction and easements be required prior to ofthe north inupetiy uwne& by6erald Rehbein. Motion - by Councilmember Sweeney, seconded -by-Councilmember Travis to-closethe Motion carried unanimously. Deer Rezone - PUD / Preliminary Plat Mr. Gerald Rehbein (R & R Leasing) updated the Council on Deer Pass and requested approval of a R2 PUD/Preliminary Plat approval. There are -15 -lots in- a-variety of sizes, and- the - housing structures will comply with the R5 requirements. Mayor - Wilharber opened discussiontcrthe £ ounciL Councilmember Brennerconfirmed Wetland area and suggested the area be accessible by all citizens not just the homes built on adjacent property. Councilmember Bi ennui questioned ifthe- developer planned to pave as perPark and Recreation's recommendation. Mr. March noted that the City has found it to be beneficial to have the developer pave trials instead ofthe -City completingthe Mr. Peterson mentioned that an oversized pipe will be installed, anticipating the development of the north property- Mr. Peterson , jfi.. ed to - a-memo-from Jeff- McDowell in regards to the- water-main-(See attached). Ms. IennifeLSteward ( 1995- 73_` housetand the lots will comply_ withibe R5 zoning dish it.t. Mr. Rehbein noted the homct are plamred be constructed - hraccul dame with the R5 standards but some of the lots are less than the R5 lot required size. Mr: Palzer noted the Council that Old; uax t4 requires-a-35i front yard setback and MrRehbei is requesting a 25' set back. Mr. Rod34enslin:( 3967 -73 Street) stated chat totst,Z_I and 4 are at or heinw the R2 #evel_of zoning requirements. - And, lots 10, 11, 1-2, 1-5,and 16meetthe The bulk ofthe size which is inappropriate. The Ordinance and Comprehensive Plan explain the minimal requirements'' and not lower its standards any- developer. The street width - has - been reduced-from 35' to 24'. Mr. Henslin discussed the wetland layout and urged the Council not to allow drainage onto the south property line. Mr. Rehbein-explained allows 30,000-situate feet of wetlaua to be filled in without obtaining a national permit, which takes six months. Mr. Henslin suggested beautification - area, assistdrainageand help to-negate-drainage econcerns for lot 4. Lot 4, drainage can vary from 908 to 909 and may prove to be a problem lot. Furthermore, the developer may want to take advau tageof the wetlandsand the Wier. Mr. Peterson said that he met with Mr. Henslin at the site and additional drainage or excavating of the site will require a national permit. Mr. Brian Patterson (1975-73'Street) questionedthe difference between lot - size - and - the mrmber of lots in the Woods of Clearwater Creek- and - proposed Deer Pass Development: Mr. Rehbein -said that all developments are driven by the property and the plan supports the natural surroundings. Page 2 of 9 Councilmember Nelson expressed - safety concernrregarding children attempting to community Mr. Patterson said that the Planning Commission discussed a trail to the south property, adding the property owners did not favorplacing atrail easement - thmughthe existing Mr. Hoeft confirmed. Mayor Wilharber questioned that the Council should not approve nor give direction - to the developer in regards to-do - with theproposed plat The developer may to go back and reconstruct a plan to address the Council's notes and then bring the plat back before the Council. Mn Marctrstatedthat the Council will - to detern ine whattype of developmentthey - want in the-area proposed: larger lot sizes, larger homes; smaller lots, and larger homes? Mr: Patteiswr wnmrented that-the-Planning a„ d Zoning first considered-town-homes d their concerns were that the homes were too dense. That the proposal was 15 structures and 30 dwellings Why would the City - stilt - considerlf structures-witlrthe same Ionize Ms. Steward suggested the removal of two lots; thus creating larger, more desirable lots. The- Council the trail - way - andutility easementto Motion by Councilmember Travis, seconded by Councilmember Sweeney to close the public hearing. Motion unanimously. Lot Split Consideration for County Bank Mr. Rehbein gave- brief overview ofthe-1ot split fi unra portion - of propel ty adjaceuti tMairrStreetSor the purpose to construct a bank. Mr. Peterson confirmed that the road easement is adequate. Mr. Marcirnoted that the bot lug wuupary may have ails - identified the parcel - ofproperty - in - question. Mr. Hoeft stated that the County will not authorize an incorrect Torrens to be filed. Ms. Gaustad explainedthatthe City may ' tr developerthat the CityofLino Lakes - a - proper roadway easement to construct 21st Avenue North. Mr. Rehbein explained that he has an easement for Centerville's portion and the City ofLino - Lakes may have tm condemn property a ruadwayace ss. Courcilmember Sweeney corrfii uiv 1 with the developer that 21' Avenue witt be conshvcted betvve n Centerville and Lino Lakes. Mayor Wilharber read aloud the-Planning Commisison's recommendation - fronrits - tuceting,of April 6, 1999. Motion by Councilmember Nelson seconded - by CuwrcilmemberBrenner tcrclose the public hearing. Motion carried unanimously. Mayor Wilharber moved to address-Petitions and PETITIONS AND COMPLAINTS Page3 of9- MayorWilharberread aloud a- letter - f u..t Clara - Lucking (see bt slant, a Officer gave Ms. Lucking's daughter a stuffed "DARE" animal. The animal has been a safety blanket • duii„g- this-diffcuittime. MayorWilharberthanked - Mr. LuWki,tg for coining-fin wind and writing4the letter. Seldom the City receives a letter of appreciation for the efforts of an employee. Mayor Wilharber noted that the-Centerville-Elementary - Sc hoofs "DARE" isscheduled -for Monday, May 17, 1999. Aaimal - Ordinance - - Councihnember Councihnember Sweeney noted that he received a call concerning "at large" cats and their threat to birds. M�t euvet the City's animal ordinancedoes "at - large" cats and - he suggestedthe ee be updated to address same. Mutiun by Sweeney, seconded - ti Councrhnen [berNelSOrrto ogler communities and compile animal/cat ordinances. Motion carried unanimously. Action -on Royal Oaks Preliminary Councihnember Travis questioned the percent of grade at the end of the street A (cul -de -sac) to the east mop= ty line MrPeterson dis ussed -the gradewitlrthe and sta J that it will-be addressed prior to the final grade approval. Councihnember Nelson reiterated the Planning and Zoning Commission's concern that the not tit t u4J be- cottst.uuted building permits being issued - for o s 2 and 3. Motion byCouncilmember Sweeney: seconded-£ ounciimember Nelson to approve RoyalOaks Industtal preliminary plat, contingent upon road B (north road) being completely constructed prior to building permits issuedtcrlots 2 and 3: Motion tattled unanimously Mayor Wilharber commented that the Lakeland Hills Development has been a nice addition to the City and the- City s hope that theindustrial developu tttt +iW-be similar. Action on Rezone PVD / Preliminary Plat CouncihnettiberNelson asked -btr. Rehbein - his feelings-about the plat- ft 0111 15 to 1-4 -lots: Mr. Rehbein responded that the Planning Commission should have addressed that issue and suggested to eliminate one lot. The Council discus-writhe utilities may be too limited. Mr. Henslin noted the restricted lot widths, and asked if it is possible for a bridge to the-Woods Clearwater Creek Dcvelvptttettt: Mr. Is/larch that no easements-havebecrrsecu(ed from the west property owners for a bridge purpose. Mr. Peterson utilities-be b..tween - and 12; however, there is-not to extend the utilities to the north. Councihnember Brenner suggested removing two lots from the proposal to provide more room fu, the trail easentnnt and - to-extend the utilities: Mr. Peterson distributed a letter dated April 28, 1999, which discussed several observations pertaining to Deer Pass (attached). Motiorrby-Councilmember Travis seconded-by CouncilmemberSweenev to- approve thetecwttfrom.R5 to R2 - PUD with R5 minimal size homes, contingent upon final plat approval for Deer Pass. Mayor yes, Brenner yes, Travis yes, Sweeney ves- Nelsonyes: Motion carried unanimously Page4of 9 ' The Council discussed the removal of forwiderlots and to provide fora- trailwayaid utility easement. Mr_ DaaSaxton( 1949 73r Street] uestioned te_status-o£thettaii. The Councibtas^-pd . Saxton thata. trail :is not- planned to access 7T Streer. from the proposed. development Afterdirection fronrMayor Wilharbci and Mi. Hoef;tht €ounciltook th . Rehbein's request for Preliminary Plat review: Motion by CounciimemberNelson~ seconded- by CouncilmemberBrennertmtabletheuretiminarvrplat until after Mr. Rehbein and Mr. Peterson can work out some of the changes that the Council is looking for. Motion cat icd unanimously. Lot Split Consideration for County Bank Motion -CouujilurcmberTravis - - uuu,ihucuiberNels. .: ti. ovethe - lot - •lit contingent upon all government agencies' approval. Motion carried unanimously. -' /IL CONSIDERATION OF - MINUTES. April 8, 1999 Special Council MeetintMinutes Councilmember Nelson requested additionsbe Motion by Councilmember Nelson, seconded by Councilmember Brenner to approve the April 8, 1999 Special Meeting mimrtes C�eeney abstained- Motion April 14, 1999 Council Meeting Minutes Motion-by Councilmember Brenner, seconded €ouncilmemberTravis to- approve the - April 28; 1999 Council Meeting minutes with noted additions. Motion carried unanimously. IV. PAYMENT 'OFCLAIMS The City of Centerville April 14 through April 28, 1999. Motionbv Brenner. seconded bvC- ouncil memberNeisonto - approvethe - reeeiptsand disbursements for City of Centerville for March 11 through March 24. 1999 payment of claims. Motion carried unanimously. The Centennial Fire District Motion by Councilmember Brenner. seconded by Councihnember Nelson to approve the Centennial Fire District ratification of expenditures. Motion caked una i nuUsit V. SET AGENDA *Water Tower * Annual Review of Mr. March * Letter from Alexandra House Page- 5 -of -9_ * League of Minnesota HumarrRig is * Weed Control * Ordinance -#4 * Update on water Interconnect *Design T-eanrBudget Moti• Couuc,ih„e„ uber •• - - - - - • . - • • • • .• - • - Ileum, • - - •da with additions. Motion carried unanimously. 'Viz . UNFINISHED - BUSINESS Lake Area Utility Building Appraisal Mr. March updated - the Council the Lake rogress Mr. March-suggested -thee Council consider authorizing an environmental first phase research from Nova for $1200. Mr. Hoeft said thatthelast per&nmed - wasi r- 1995-- and-suggestedthe environmentalinforrnationbe brought up to date 1999. Mr. Willie Lessard ( Lake Area Utility Owner) was present and stated that Case Curpu,atiurrpe, a phase 1996 possibly 1997 However, he suggested a test be performed to put the City at ease. Motion . touncilmember •• • - • . .. • • • cilrnemberNelsont.. • • • • - 'th cost not to exceed $1200 and to authorize Staff to search for a less expensive firm than Nova. Moti. n carried - unanimously. Letterfrum City Engineer - Tom Future site. Mr. Peterson gave an update on future water tower siting. The City is considering purchasing the Lake Areal ltilities property on 20 Avenuerantpossibl OuitatAtothe south._ The:eity Caun it skedits to investigate-the - possibility of constructing a watt, towel on Outlot A and determine (i.e., existing main sizes, water pressures, land use, soil conditions, etc) for this use. Bonestroo-obtained a computer model-forthe €ityzs system from RR - Green; - The mudtlis - not up to date on all the new mains that have been installed recently, but we will be doing this as we proceed on onthe study: Our initial analysis ofthe- siteisthat it-looks feasible from amt„gi„ee,ingstandpoipt. From the Comprehensive Water Plan, a 400,000 gallon tank was proposed for the site behind City Hall. Outdot* canrhandte size- tank a„d p,ul ably pu,vileadequatefire flowsto - alt - packs oftheEit This will be positively determined when the new water model is run. A 12 -inch main would be necessary alongcenter-Street.from DupreRoartto20`±Aveaneiocamptete a necessary bop tnr.tbesyatem. The elevation for the Hewtank set to watch the City of Liao water elevation. We feel that the City should have a soil boring taken at Outlot A. Mr: Lessard soil baringtestshavebeen tar the site within-the-past Center Villa Final Plat Approval - Mr. Willie Lessard Mr: Lessard gave overview ofthep iopusvdpreliminary platforthe CenterVllla developutent requested final plat approval. The developer requested the Council to consider approval since the sale of the piupe,tywas a stake: The Council discussed utilities, drainage and - road c.uust,uc,tio,r with Page-6 of 9 the City Engineer Council-discussed , vad intended be-a collectarstreet, it will nntbreak through to 20' Avenue,_ittesnad w tbe$esigaectto. slow trafftawitka narrower section at the end of Brian Drive. The sidewalk-is-bowed out rrhupva tv picserve trees: Mr. nutk,d that.the development agreement was a draft from October of 1998 and should be updated to include the water ivaiu- looping, park - dedicationfees and otheritemr. Mr. 3.-essard requested the Cuu„vil to- consider approval of the development agreement contingent upon staff's approval. The Council elected to addressthe developer's agreement- during meetingscheduled for late, date: Mr - Mach recommended the Council table the issue until the developer's contract is completed. Mr. Lessard urged the Gonncil to consider allowingfinat plat approval -aad the dcveliTer agreement. Motion by Councilmember'Fravis; berSweeney taapvrove the finaFRlat contingent upon final approval of the development contract. Motion carried unanimously, 2 City-Halt € ompnter Bid Specificatig,ns Ms. fraustad a final wpy the- computerbid specifications f ortheeouncit - sconsideratiorr jnd approval. The specifications would be updated with all modifications and forwarded to several vendori- MS- Gaustad noted that bottrCouuvih„o,ubw, - Sweeneyand C ouncilmemberNelsoir' invaluable. After discussion the Council took the following action: Motion QouncihnemberBrenners • • .• • • • • 5• • - Travis t. • .,•,.•,.:,,Jt_,.,.JP„• . - - .id specifications. and to check with Banvon as to the compatibility of Windows `98 or Windows NT. Motion- carried Board of Review Results Mr. March explained the Board of Review results and noted that the Anoka County Assessor advised anyone in attendance with concerns- regarding property- value-should attend -the Anoka -County -Board of Equalization meeting. Ms. Pat Fish (1537 Peltier Lake Drive) was present and requested the Council to make to Anoka - Cw,dy, - ioweri g -her- property valuation= Shereasoned, the Counc l's interest is to encourage homeowners to make improvements and maintain their homes, not to be financially throughtaxativ,,. Eouncilmeu,bei Hnerarer confirmed the-Council authority to lower an Anoka County Assessors valuation of a property. The Council's consensus was to also direct property their disputes - to - the Auuka County - af Equalizatimr Motion by Councilmember Brenner, seconded by Councilmember Nelson to acknowledge receipt of i,d'v, u,ation. Motion carried unanrmou ly. City Administrators Review Mayor Wilharber requested Council 'MUM the by May-27, 1999. Alexandra House Mayor Wilharber reported that the City received a letter requesting $3,000 for services. The Council choose to address the issue during-the-May-5, 1999 special-meeting, League of Minnesota Human Rights Division Mayor Wilharber gave a synopsis ofa fetter-he-received hate crimes of Minnesota Human Rights Division. Page 7 of-9 -- VII. CONSENT AGENDA Resolution 99-07 Reassessment of 20th Avenue Newsletter Motion Councilmember Sweeney; seconded byCouncifinemberBrennerto approve the Consent agenda. Motion carried unanimously. VIII. -COMMI`T'TEE REPORTS MayorWilharber noted that th is /leetingscheduled - at the Elem ental School. IX. ADMINISTRATORS REPORT Weed tss2es Mr. March addressed the City's weed issues and was vague on fine details; however, he requested] e Council's direction. Council consensus with Mr. t{agerty's recommendation as noted. Design Team Sub - Committee Expenditure Policy Mr, March-requested the Counciltotonsiderthe- proposedpolicyrestricting -citytl.Tkc supply usageuntil prior approval is granted from the Economical Development Committee. Moreover, the EDC will be reviewingthe policy andtakingactioi, on it inthe- near Ordinance #4 Rewrite Mr. March requested the Council to check schedules in hopes to schedule a Special/Workshop Meeting between the Council and the Planning and-Zoning-Commission-in. order to address-and review- Ordinance #4 rewrite, independent of Dean Johnson. Dissociate with ER. Green Mr. March explained the City has been experiencing difficulties with H.R. Green and suggested usingEonestroo for future endeavors. Motion • Councilmember N • 'seconded • -CouncilmemberSweene to tutu all - work from H.R. Green to Bonestroo- Motion carried unanimously. Seal Bads Mr. March commented that the Seal Coat Bids were opened and the bids came in under the estimated total project cost, and he recommended approval of the alternate-project. Update on Interconnect Mr, March explained that the-Engiuce, has nut had suwesw reaching Mr. Brent to a temporary construction easemeutalong20_' Avenue_ Theb" giness owner believed that aportion of wetlands were filled in and requestedtheconcentto be - investigated. Mr. March Coatney that he could schedule a meeting with the City Engineer and the business owner. The meeting will bein hopes to - seize a tempo, thy %;gust, uUtiotr easement determine if&lling of wetlands occurred. Page - of - 9 -- X. ADJOURNMENT Motion - by Councilnember Sweeney, secomiedtby£ouncilmemberTravis to -adjx rtheApri}tt1999 Council Meeting. Motion carried. Meeting adjourned at 10:00 p Respectfully Submitted, Ry- Chel-Gaustad £MC City Clerk Page 9-0f -9 APRIL 22, 1999 TO: CITY COUNCIL CITY OF CIRCLE PINES CITY COUNCIL CITY OF CENTERVILLE CITY COUNCIL CITY OF LINO LAKES FROM: MILO BENNETT SUBJECT: RATIFICATION OF EXPENDITURES AND APPROVAL FOR PAYMENT OF APRIL EXPENSES. YOUR APPROVAL OF APRIL EXPENSES AS LISTED ON THE ATTACHED COPY OF THE CHECK REGISTER, CHECKS 10068 - 10071, IN THE AMOUNT OF $14832.75, IS HEREBY REQUESTED. MW/NW CC: 7 CIRCLE PINES CITY COUNCIL 7 CENTERVILLE CITY COUNCIL 7 LINO LAKES CITY COUNCIL 2 FILE 04/22/1999 @12:24PM CENTENNIAL FIRE DISTRICT PAGE 1 ^ . . BANK CHECK REGISTER Checking account 04/22/99 TO 04/22/99 ( NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT ^°068 04/22/99 AP-D CITY OF CIRCLE PINES 2�39� 5Q . l5T QTR DEPREC PYMT 1999 9 04/22/99 AP-D CITY OF LINO LAKES 6,335^25 /ST QTR COMM AREA CHG 99 10070 04/22/99 AP-D CENTENNIAL RELIEF ASSOCIATION 5,125.00 FIRST QTR PAYMENT 99 10071 04/22/99 AP-D CENTENNIAL RELIEF ASSOCIATION 980.00 DUES DEDUCTION TOTAL MANUAL CHECKS (M): 0.00 TOTAL COMPUTER CHECKS (C): 0.00 TOTAL DIRECT DISBURSEMENTS (0): 14,832.75 TOTAL CHECKS: 14,832^75 , MAY 5, 1999 TO: CITY COUNCIL CITY OF CIRCLE PINES CITY COUNCIL CITY OF CENTERVILLE CITY COUNCIL CITY OF LINO LAKES FROM: MILO BENNETT SUBJECT: RATIFICATION OF EXPENDITURES AND APPROVAL FOR PAYMENT OF MAY EXPENSES. YOUR APPROVAL OF MAY EXPENSES AS LISTED ON THE ATTACHED COPY OF THE CHECK REGISTER, CHECKS 10701 - 10733, IN THE AMOUNT OF $36,643.94, IS HEREBY REQUESTED. MB/NW CC: 7 CIRCLE PINES CITY COUNCIL 7 CENTERVILLE CITY COUNCIL 7 LINO LAKES CITY COUNCIL 2 FILE 05/04/1999 012:24PM CENTENNIAL FIRE DISTRICT PAGE 1 BANK CHECK REGISTER Checking account 04/28/99 TO 05/31/99 CHECK NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT 01 04/28/99 AP -D LINO LAKES STATE BANK 3,077.40 941 -MARCH 99 10702 04/28/99 RP -D MINNESOTA DEPT OF REVENUE 1,257.48 MW -I FIRST (2TR 10703 05/03/99 AP - -D EMERGENCY APPARATUS MAINT. 1,371.06 14819,14686 10704 05/03/99 AP -D EBROJc 132.00 979 10705 05/03/99 AP -D EDDY BROTHERS CO., LLC 8.40 1244 10706 05/03/99 AP•-D METRO FIRE INC. 25.96 98878 10707 05/03/99 RP -D NORTHLAND FIRE PROTECTION, INC 108.00 31029 10708 05/03/99 AP -D UNITY HOSPITAL f) 158.30 252307 7, 2522599 709 05/03/99 AP -D MINNESOTA U/C FUND 1.34 BERG 10710 05/03/99 AP -D RANDY ROLSTAD 6.34 BULBS 10711 05/03/99 RP -D CIRCLE PINES UTILITIES 333.37 70038.00 10712 05/03/99 AP -D W.W. GRAINGER, INC. 22.37 497 - 165529 -7 10713 05/03/99 AP -D CASARA COMPUTER SYSTEMS (�7) 201.29 1426 `` 10714 05/03/99 AP -D BRAD RAGAN TIRE INC 477.16 011335 10715 05/03/99 AP -D FRATTALLONE'S HARDWARE STORES 16.50 10893724 28 10716 05/03/99 AP -D RICK BRNGERT 6.36 WATCHES � 10717 05/03/99 RP -D VIKING OFFICE PRODUCTS 5� 00.08 265214,265087 05/04/1999 @12:24PM CENTENNIAL FIRE DISTRICT PAGE 2 BANK CHECK REGISTER Checking account 04/28/99 TO 05 /31/99 CHECK NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT 18 05/03/99 AP -D CONNEXUS ENERGY 283.83 395649 - 210057 10719 05/03/99 RP -D PAGING NETWORK OF MINNESOTA 52.17 064- A299928 10720 05/03/99 RP -D AMOCO OIL COMPANY 133.90 498 433 534 1 10721 05/03/99 AP -D PEHL, HINSCHBERGER ASSOCIATES 280.00 31656 10722 05/03/99 AP -D JANET HAAPOJR 2.86 POSTAGE 10723 05/03/99 AP -D THIERRY CHEVALLIER 10.99 CUPS 10724 05/03/99 RP -D RIRTOUCH CELLULAR /BELLEVUE 14.41 1003 - 1052011 10725 05/03/99 AP -D ANOKA- HENNEPIN TECH COLLEGE 307.67 134593,138864 - BOOKSTORE "" - 26 05/03/99 RP -D ARMOR SECURITY INC 48.20 27361 10727 05/04/99 AP -D * * * VOID CHECK * * * 0.00 CITY OF CIRCLE PINES * VOIDED ON 05/04/99 * 10728 05/04/99 RP -D CITY OF LINO LAKES 6,561.25 COMMON AREA CHGS MAY 1998 10729 05/04/99 AP -D CENTENNIAL RELIEF ASSOCIATION 5,000.00 RELIEF ASSOC MAY 1998 10730 05/04/99 RP -D CITY OF CIRCLE PI = 2,392.`' DEPRECIRS1 PYMT 10731 05/04/99 AP -D CITY OF LINO LAKES 6,335.25 COMMON AREA PYMT MRY 1999 10732 05/04/99 AP -D CENTENNIAL RELIEF ASSOCIATION 5,12.00 RELIEF ASSOC PYMT MAY 99 10733 05/04/99 AP -D CITY OF CIRCLE PINES 2,392.50 DEPRECIATION PYMT 98 4?S 05/04/1999 @1a:24PM CENTENNIAL FIRE DISTRICT PAGE 3 BANK CHECK REGISTER Checking account 04/28/99 TO 05/31/99 CK NU � DESCRIPTION TYPE PAID TO / DESCRIFIIUN CHECK AMOUNT TOTAL MANUAL CHECKS (M): 0.00 TOTAL COMPUTER CHECKS (C): 0.00 TOTAL DIRECT DISBURSEMENTS (D): 36,643.94 TOTAL CHECKS: 36,643.94 David & Margaret Kilian David Margaret Kilian 1665 Sorel St. Centerville, Mn 55039 Telephone (651)65 -0374 Fax (651)782 -1615 We would like to request that the city council wave the fees for the variance requested for rebuilding the front porch at our home at 1695 Sorel St. per ADA. Margaret is permanently disabled and need easier access to the front door. We will need to ad a ramp to the front of the house in the near future. Please see the attached disability papers. Sincerely: � 7 D 1 , 0/1.79 �T i /I&t( evvtL1 David P. Kilian INSTITUTE FOR LOW BACK �' • AND NECK CARE ( 1 t 2800 Chicago Avenue South Minneapolis, MN 55407 TELEPHONE: (612) 879 -2500 FAX: (612) 879 -2555 wit ow Web site ar Mmanrw vano.con, omit teclr&neeJ@lmne.com Neurosurgeons June 4, 1998 Charles k Burton. M.D. Alexander Ufaon, M.D. Orthopedic Surgeons Rtehard M. Salib, M.D. Sunny S. Kim, M.D. Phyaiatrist Maria R. Zorawska, M.D. Spinal infections Mr. Michel S. Krug Thomas W. Hennessey, M.D. Krug & Zupke - Suite 226 1021 Bandana Blvd. East Administrator St Paul MN 55108 ThomaeRSpkzka Re: Margaret L. Kilian Neurosurgeon SS #475 38 9423 CharMs4Ray,M.D. CHART #215746 Dirdxor Emerihra Dear Mr. Krug: I have received your letter of inquiry in regard to the above patient. On the basis of this inquiry, I have reviewed this patient's extensive medical records and have also considered the information that you have provided regarding the State of Minnesota Disability Schedule 5223.0420 as well as 5223.0390. This patient, who is a 56- year -old resource counselor, who has undergone previous surgery and has been documented as having lumbosacral adhesive arachnoiditis, has been treated before me in regard to a causalgic pain syndrome involving the left leg and associated permanent nerve injury. In addition to this, MRI confirmed multilevel degenerative disc changes consistent with a diagnosis of juvenile discogenic disease. The patient has undergone implantation of an electronic epidural neurostimulating electrode system. She was last seen and evaluated at ILBNC on 5- 11 -98. Ms. Kilian's status continues to be that of being permanently disabled in regard to gainful employment. She is, however, functioning in the activities of daily living. Causalgic pain syndromes are uniquely disabling to the individual on the -basis of causalgic pain. The standard disability schedules simply do not encompass this pathologic entity, nor do they account for it in any reasonable manner. The disability determination which was completed on 2 -24 -97 was directed to the patient's pathology, specifically in reference to the lumbar spine and specifically in regard to the treatment of lateral spinal stenosis. You have asked at this time for a comprehensive disability determination referencing not only the patient's spinal pathology but her peripheral nerve condition, causalgia, and the A Comprehensive Multidisciplinary Spine Center DIAGNOSTIC SERVICES NONSURGICAL CARE SURGICAL SERVICES Clinical EleetrnehvaiNow Lumbar 8 cervical deaeneradve disorder* IJDB NAME. 1 I I INSTITUTE FOR LOW BACK AND NECK CARE MARGARET L. KILIAN Page 2+ 2800 Chicago Avenue South SS #475 38 9423 Minneapolis, MN 55407 June 4, 1998 disability associated with this. It would be my professional opinion that a permanent partial disability of 50% in regard to the body as a whole exists at this time. This is based on my training and experi- ence as a neurosurgeon specializing in spinal disorders. I would state once again that the established schedules do not reflect the nature of this patient's pathology nor the associated disability. - Sincerely yours, 1 71:Th _ - Charles Burton, M.D. Senior Medical Director CB:esm Dictated but not read cc: Margaret L. Kilian _ _ 041j M6 Social Security Administration Retirement, Survivors, and Disability Insurance Notice of Award Mid - America Program Service Center 601 East Twelfth Street Kansas City, Missouri 64106 Date: July 7, 1998 Claim Number: 475 -38 -9423 A MARGARET L KILIAN 1695 SOREL STREET CENTERVILLE MN 55038 You are entitled to monthly disability benefits beginning April 1997. The Date You Became Disabled We found that you became disabled under our rules on September 1, 1994. Our records show that you became disabled on September 1, 1994. By law, we can pay benefits no earlier than 12 months before the month of - filing. Since you filed for I- npfits- on April 30, 1998, monthly payments will begin April 1997. What We Will Pay And When • You will receive $3,346.00 around July 5, 1998. • This is the money you are due for April 1997 through June 1998. k -+ After that you will receive $201.00 on or about the fourth Wednesday of each month. • These and any future payments will go to the financial institution you selected. Please let us know if you change your mailing address, so we can send you letters directly. The day we make payments on this record is based on your date of birth. Your Benefits We raised your monthly benefit amount beginning December 1997 because the cost of living increased. SEE NEXT PAGE 475 -38 - 9423 A Page 2 Other Disability Payments Affect Benefits We have to consider workers' compensation and /or public disability payments when we figure a Social Security benefit. The following will explain how these payments affect Social Security benefits. For more information, please read the enclosed pamphlet, "How Workers' Compensation and Other Disability Payments May Affect Your Social Security Benefit." The pamphlet explains how we reduce your Social Security disability checks if the money which you would receive from Social Security and workers' compensation payments adds up to more than 80 percent of your monthly average current earnings. We found that 80 percent of your average current earnings is $1,255.20. We have to take into account your workers' compensation payment of $1,068.70 when we figure your Social Security benefits. Because you receive this payment, we are reducing the benefits you are due. We are reducing your monthly Social Security checks beginning April 1997, which is the first month when you were entitled to both Social Security disability benefits and workers' compensation payments. Your benefits were increased beginning December 1997. This increase was not because workers' payments. If you had any medical, legal, or other related expenses connected with your claim for workers' compensation payments, you should bring us proof that you paid these expenses. We can exclude these expenses, within the limits set by law, when we figure how much to take out of your Social Security benefits. Other Social Security Benefits The benefit described in this letter is the only one you can receive from Social Security. If you think that you might qualify for another kind of Social Security benefit in the future, you will have to file another application. Your Responsibilities The decisions we made on your claim are based on information you gave us. If this information changes, it could affect your benefits. For this reason, it is important that you report changes to us right away. We have enclosed a pamphlet, "When You Get Social Security Disability Benefits...What You Need To Know." It will tell you what must be reported and how to report. Please be sure to read the parts of the pamphlet which explain what to do if you go to work or if your health improves. SEE NEXT PAGE 475 - 38 A Page 3 It is important that you let us know if: • There is any change in the workers' compensation payment or in any public disability payment you receive, or • You receive a lump-sum award or any additional payments which supplement your workers' compensation or public disability payments. Do You Disagree With The Decision? If you think we are wrong, you have the right to appeal. A person who did not make the first decision will decide your case. We will correct any mistakes. We will review those parts of the decision which you believe are wrong and will look at any new facts you have. We may also review those parts which you believe are correct and may make them unfavorable or less favorable to you. • You have 60 days to ask for an appeal. • The 60 days start the day after you receive this letter. • You must have a good reason if you wait more than 60 days to ask for an appeal. - -- Things To Remember-- For - Future — – --- Doctors and other trained staff decided that you are disabled under our rules. However, we must review all disability cases. Therefore, we will review your case in 5 to 7 years. We will send you a letter before we start the review. Based on that review, your benefits will continue if you are still disabled, but will end if you are no longer disabled. Your disability benefits may continue to be reduced or withheld because of your workers' compensation payments until you reach age 65. However, you may be eligible for retirement benefits as early as age 62. To apply, you should get in touch with us 3 months before you reach age 62. If You Want Help With Your Appeal You can have a friend, lawyer or someone else help you. There are groups that can help you find a lawyer or give you free legal services if you qualify. There are also lawyers who do not charge unless you win your appeal. Your local Social Security office has a list of groups that can help you with your appeal. If you get someone to help you, you should let us know. If you hire someone, we must approve the fee before he or she can collect it. And if you hire a lawyer, we will withhold up to 25 percent of any past due benefits to pay toward the fee. SEE NEXT PAGE • `= Z, � uilA ill :i : u � 1�1�1�1 11111 • • C) ~ `U r� CJ r li f `7' 0 ^+ a f` 4 - d a t II-- 6 k r r ii ss © r 11/2 Ai is a . a se at I NI n Ps s . Me 1 ,l f . a I 10 la• I a m � - 4 t t) 1; � _ s a IC 0 1 j • j - - 1 1 _b L._. ■N4. 7 - -y cc (- r V 11L ._. _.. ll7 b t erai • Sat et P ro rAt Dr-) 7 Pop C to ; IC- (A. AA.Aritsw 1 b sl -6S O4-70 Aiu ty axe 4 v ,, X f x�' ,� 1 MEMO DATE : May 7, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Lake Area Utility Building ********************************** * **r ** ***** * * * * ** ***** ** *** **** *air I have provided Jim Hoeft with the decisions of the Council on the final details for an offer on the Lake Area Utility property. Mr. Hoeft is working to incorporate the items into a purchase agreement. I anticipate that the final draft of the purchase agreement will be approved by Council before presentation to Mr. Lessard. If Mr. Lessard is in attendance, the offer could be presented at the Council meeting. From that point, Mr. Lessard can either accept, reject or counter. At the time of this annotation, we had not received the purchase agreement back from the attorney's office. If we receive the document prior to packet delivery, it will be included in this section. Otherwise the document will be delivered next week. CRAFTER 7 Chart V Principal Rules Governing Motions Motions —These are a formal method of bringing business before the council and for stating proposi- tions on which the council will have to make a decision. The list contains the more common motions. Motions can be made only by the councilmembers, clerk or mayor. Requires a second — Motions which have a "yes" after them in this column must be seconded by a councilmember before they can be considered. The maker of a motion may not second his or her own motion. By seconding a motion, a person does not necessarily indicate that he or she is in favor of it. Can interrupt a speaker— Motions which have a "yes" in this column can be made at any time during a council meeting. They may be made even while another person has the floor and is speaking. Debatable —A "yes" in this column means that the council can discuss the merits of the motion. A "no" means that no discussion is allowed, and that the motion must be voted on as soon as it is made and seconded. Amendable— Motions with an affirmative mark in this column can be changed by amendment. Motions with a "no" in this column must be voted on in the same form as the motion was originally made. Vote required to pass —This tells whether the motion requires a simple or a two- thirds majority for passage. Can be reconsidered —This indicates whether or not a motion that was once passed or defeated by the council can be considered again later in the meeting. Requires Can Interrupt Vote Required Can Be . Motions a Second a Speaker Debatable Amendable to Pass Reconsidered L PRIVILEGED MOTIONS' 1. To adjourns Yes No No No Majority No 2. To recess (to take a recess)' Yes No No Yes° Majority No 3. To ask for a question of privilege No Yes No No No Votes — H. SUBSIDIARY MOTIONS' 4. To postpone temporarily Yes No No No Majority No (lay on the table)' 5. To postpone to a definite time Yes No Yes Yes' Majority Yes 6. To postpone indefinitely' Yes No Yes No Majority Only a positive votei 7. To vote immediately on the question Yes No No No 2/3 No (previous question) 8. To place a limitation on debate" Yes No No Yes 2/3 Yes 9. To refer the motion to a committee Yes No Yes Yes Majority Yes 10. To amend a motion, ordinance or Yes No Yes Yes Majority Yes resolution 11. To substitute one motion, ordinance Yes No Yes Yes Majority Yes or resolution for another I11. MAIN MOTIONS 12. Any general motion, resolution, or Yes No Yes Yes Majority's Yes ordinance . 13. To reconsider a motion already Yes Yes Yes No Majority No passed or defeated 14. To consider an action previously Yes No No No Majority No postponed temporarily or laid on table (to remove from the table) 15. To appeal or challenge a ruling by Yes Yes Yes No Majority Yes presiding officer" . 179 HANDBOOK FOR MINNESOTA CITIES Footnotes to Table of Motions: 'Privileged motions are motions that are so important that they are given special consideration. These motions can be made at any time, even if another motion is being considered at the time, and they must be settled or voted on immediately. 2 To adjourn means to end the meeting for that day. 3 To take a recess means to stop the meeting for a short time. 4 This kind of motion refers to matters of personal concern that may be brought up by one of the councilmembers. Examples are the following: to ask for order or less noise among people at the meeting; to request a restatement of the motion; to ask the chair to have the windows opened or the heat turned up, etc. & Questions of personal privilege are not voted on but are settled by the presiding officer who is ex- pected to honor the request of the member, unless it is dilatory in intent; i.e., unless the request is made for the purpose of deliberately interfering with the council's work. &Subsidiary motions either change or dispose of a main motion. Their name derives from the fact that they are subsidiary to the main motion and, therefore, can be made only when the council is consider- ing a main motion. 'See the discussion on the motion "to postpone indefinitely." BThe motion to recess may be amended only as to the time or duration of the recess: 9 The motion to postpone may be amended by changing the time to which the motion is postponed, but it may not be amended to postpone it to an indefinite time. 10 See the discussion on the motion "previous question." 11 This motion restricts the length of time for discussion of a question. "An ordinance must receive an affirmative vote of a majority of the whole council; i.e:, at least three members of the council must vote in favor of an ordinance before it becomes law. A majority of tfiose voting on the issue is all that is required to pass an ordinary motion or resolution. 13 See the discussion on "reconsideration." 14 See the discussion on "role of the presiding officer." 15 The motion to vote immediately on a motion can be reconsidered only if it Was passed when first' considered. See also the discussion of reconsideration. 18O rn ON C-4 -4 < Cr% th N OA •••■ 00 - N N 00 N .--- N N g D m N N ape>1.1 In N .-4 00 V1 d' r-+ N O a O l-- m r-. r+ N en 01 C1 co ON ^I so en O N 0% .--1 N M • MEMO DATE : May 7, 1999 TO Honorable Mayor and Council FROM : Jim March RE : Center Villa Developer's Agreement ** *4 *4 ** * * * ** 444*************4******** * ** * **** ** **4* ** * * *4** ** *****44 Included in your packet is an updated developer's agreement with the changes that were discussed at the special Council meeting. A change was made to delete the requirement for the $5000 contribution for the future asphalt on the proposed trail. An additional change was made to the calculation of the storm water fees based on a square footage calculation from the City Engineer. The oversizing cost and the cost of the watermain extension from the cul -de -sac to 20th Avenue has been determined to be $25,800. The removal of the oversizing costs and the removal of whatever the Council decides on the looping cost will reduce the amount required in a letter of credit for street and utility improvements. Mr. Peterson will be present to discuss this issue with the Council. BONESTR00 ROSENE ANDERLIK W 6516361311 05/07/99 13:24 CT :02/02 NO:265 R�/� Renenred, Ream A A and A4•dn,e m • .A, Inc ,e ,n Af'A atr. A,hery'Ft.S Op.atu icy & lyyer � estli oo Mv%WMS' Otto O. lone feu. P.6 • AOtf'M C Ancient PE • AMVIp L SDrvab. P6. Rosen 041W1 R. GOOK, PR, • RO rt O. Eehdnn:nt. Pt. • Jerry A bowOO1. Pt. • i7e a Robert W RAW*, Pt., hole L. Tamar. P1 And 114•1 M f brim, C PA. tenor Coosubmtie An.CMne NMrydk: and A. Word. PL • Robb A Oadon, Pt • Robert R, Pt.Rerle, Pi • AI idel'* Rand W Cotter, PR • ar,e 0 LoIk,ta, P.E. • Roberl C (Mick. A.LA. • Mee 4 Suer, PE. • • WWI T, Rauav MO fmn. P • Ted PA. Pt. • AM MAR, P Anet�9ton. N. • MAR R. Rails, at. A ssociates Slang P WIIIIMIIOn. PY LS • ROHR F. W011tn • AQAPI M. Ring • Albin Rlrt Se/flit P,E. tf ?Nrn Se Pa41. hew , *S r,,n en] u. Gad, MN • MUwedkn, W Engineers & Architects wamew wwwbOnart•o adm May 5, 1999 Mr. Tim March City of Centerville • 1880 Main Street Centerville, MN 55038 Re: Canter Villa Our File No. 616 -98 -810 Dear Jim: 1 received Piowe Engineering's 'Engineers Estima -' for this development, dated October 12, 1998. His total amount of $212,518.50 differs subs Bally from my October 27, 1998 total of $345,520.00. 1 would recommend using the followi g numbers for determining a letter of credit. Mr. Ptowe's estimate was very similar to mine for - nitary sewer and storm sewer. His water main was lower because he did not include 10" mai from Brian Drive to 20 Avenue, The City will need to pick up the cost for oversizing and ex ding east of the plat. The street improvement numbers differed the most because he id not include geotexule fabric, select granular borrow (subgrade), concrete walk, and drai tile. For purposes of determining a latter of credit amou , the following numbers should be used: Sanitary Sewer $41,020 Water Main 45,260 Storm Sewer 33,100 Streets 168.620 Total $290,000 x 1,25 to $476 690.00 The City's cost for extending and oversizing the wafer main is $25,800. Please call me at (651) 6044868 with questions. ! Yours very truly, • BONESTROO, ROSENE, ANDERLIK & ASSOC TES /Aerie 11 Thomas Peterson • TWP/tmr 2335 Wen Highway 36 • St. Paul, MN 55174 651.636.4600 • Fax: 651.636.1311 DEVELOPMENT CONTRACT CENTER VILLA CENTERVILLE, MINNESOTA THIS AGREEMENT, made and entered into this day of , 19 by and between the City of Centerville, a municipal corporation organized under the laws of the State of Minnesota (the "City"), and , a (the "Developer). RECITALS: WHEREAS, the Developer has received approval from the City Council for a preliminary plat of land within the corporate limits of the City, which plat is known as CenterVilla, hereinafter called "Subdivision "; and WHEREAS, the Developer has applied to the City to be allowed to at the Developer's expense to construct all surfabe streets, curb and gutter, required landscaping, recreational trail, storm sewer, storm water ponds, drainage facilities, water main and sanitary sewer facilities, hereinafter referred to as "Street and Utility Improvements"; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the plat, hereinafter referred to as "Private Improvements ". NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, it is agreed by and between the parties as follows: A. REPRESENTATIONS OF DFVF,I,OPRR, As inducement to the City's approval and authorization to proceed with construction and entering into this Agreement, the Developer represents and warrants to the City: 1. That the Developer is the fee owner of the property and has authority to enter into this Agreement. 2. That the subdivision complies with all City, County, State and Federal laws and regulations, including but not limited to City subdivision ordinances and zoning ordinances. 3. The subdivision complies with all wetland protection legislation. B. PRIVATE IMPROVEMENTS. The Developer will construct and install at Developer's expense the general improvement construction according to ordinance #8, Section 38.01 and other improvements specific to the development herein set forth: 1. Cost of Private Improvements, description: i. Coordinate with the utility companies to provide for gas main, telephone lines, cable lines, and power lines to service the properties developed on the final plat according to the City's joint trench policy. ii. Provide seeding and vegetation maintenance and erosion control over denuded or graded areas and mitigation area, at the City's direction. iii. Establish lot corner monumentation within 60 days of grading completion or within 180 days after filing the final plat, whichever is sooner. iv. Provide such street maintenance and control of builder's actions to mni rain roadways clear of mud, soil, and debris to provide safe driving surfaces. The Developer shall provide street sweeping within 24 hours of the City's request for such services. v. Provide for landscaping in accordance with the City ordinances and other requirements. The Developer shall accomplish or cause to be accomplished these actions according to generally accepted trade standards. The Developer will cause to be furnished to the City a schedule of proposed operations at least five days prior to commencement of the construction activities. To the extent possible, the construction vehicles for site grading, streets, and utilities shall access the site from 20 ' Avenue across the existing parking/construction yard of Developer. b. Site Grading, Street Construction and Building Permits. No certificate of occupancy shall be issued without installation of bituminous base course across the front lot line of that property. No building permit shall be issued for any lot without the finished grading in accordance with the approved grading plan. Furthermore, only one building permit will be issued prior to installation of the bituminous base course, which permit shall be at the discretion of the City, to allow for emergency vehicle access. c. Erosion Control. The Developer shall control erosion insuring: i. The Developer shall submit an erosion conttol plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. 3 ii. Erosion and siltation control measures shall be coordinated with the difference stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. iii. Land shall be developed in increments of workable size, as determined by the City, such that adequate erosion and siltation controls as directed by the engineer can be provided as construction progresses. The smallest practical area of land, as determined by the City, shall be exposed at any one period of time. iv. Where the topsoil is removed, sufficient arable soils shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. The Developer shall also install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (before occupancy). All disturbed areas shall be seeded. d. Inspection. Al} of the work shall be under and subject to the inspection and approval of the City, City Engineer, and where appropriate, any other governmental agency having jurisdiction. e. Faithful Performance of Construction Contracts and Letter of Credit. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Private Improvements and hereby guarantees the workmanship and materials for a period oftwo years following the City's final acceptance of the Private Improvements. The Developer agrees to guaranty for a period of one year the tree plantings required as part of the Developer's Agreement. Each specific tree guaranty period shall begin with the planting of each specific tree. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, based on one hundred fifty percent (150 %) of the total estimated cost of the Private Improvements as indicated in Paragraph B 1. The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Centerville and shall state thereon the same is issued to guaranty and assure performance by the Developer of all the terms and conditions of Paragraph B1 of this Development Contract. Such Letter of Credit may be reduced upon completion and acceptance of the Private Improvements by the City to an amount deemed adequate by the City Engineer to cover the two year warranty period described herein. The City shall have the right during said warrant period to draw on the 4 Letter of Credit for any warranty work that is necessary, The Irrevocable Letter of Credit shall be renewed or replaced by not later than twenty (20) days prior to its expiration with a like letter or bond. f. R.eduction of Escrow Guaranty. The Developer may request a reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed Private Improvements at the time of the requested reduction. The amount of reduction will be determined by the City and such recommendation will be submitted to the City Council for action. g. Approval of Contractors. Any contractor selected by the Developer to construct and install any Private Improvements must be determined in writing by the City Engineer to be acceptable. The City reserves the right to require satisfactory proof of successful experience and adequate financial status by any such contractor. C. STREET AND I TTILITY IMPROVEMENTS. In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Street and Utility Improvements "), include improvements as described by the plans, specifications, and contract documents entitled Center Villa Utility and Street Improvements, as prepared by the City Engineer and as adopted and approved by the City Council. Said improvements shall be constructed and installed by the Developer to serve the Subdivision on the terms and conditions according to Ordinance #8, Section 38.01, and other improvements specific to the development herein set forth: 1. Street Construction. The base course shall be completed on or before August 31, 1999. The wear course shall be completed on or before August 31, 2000, or when the City deems appropriate according to the progress of work on the individual lots. The Developer shall be liable for any increase in cost for construction of the wear course due to delays in construction on the individuals lots. 2. Construction Procedures, All such improvements set out in Ordinance #8, Section 38.01, and as additionally specified herein shall be instituted, constructed, and financed as follows: a. The Developer shall provide to the City in writing an indication of the contractor selected by the Developer to construct and install the Street and Utility Improvements. The City shall reserve the right to determine if the contractor selected by the Developer is acceptable. The City reserves the right to require satisfactory proof of successful experience and adequate status by any such contractor. b. Construction shall not begin until written notice authorizing construction to start is received by the Developer from the City. 5 c. Construction shall be completed to the standards and specifications described in the plans and specifications entitled Center Villa Utility and Street Improvements. Developer authorizes the City and/or the City Engineer to inspect construction of the Street and Utility Improvements and grants to them a license to enter the Subdivision to perform all necessary work and /or inspections deemed appropriate during said construction, and through expiration of any applicable warranty period. d. Developer shall. upon execution of this Agreement, provide the City with cash, letter of credit or other surety, with the form of any non -cash surety to be satisfactory to the City in the sum of $437,500. Said figure represents 125% of the estimated cost of the Street and Utility Improvements. The said surety shall be a guaranty to the City that said improvements will be timely completed to the City's satisfaction. The said cash, letter of credit or other surety shall be maintained continuously by the Developer until said improvements are completed to the City's satisfaction. The said cash, letter of credit or other surety for said improvements shall be released upon certification of the City Engineer that such items are satisfactorily completed pursuant to this Agreement Periodically, as payments are made by Developer for the completion of said improvements, and when it is reasonable prudent, Developer may request of the City that the surety be reduced for the portion there of which has been fully completed and paid. In the event that any cash, letter of credit or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total, the Developer agrees that upon being billed by the City, the Developer will pay within ten (10) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon malting said determination, rebnd to the Developer any monies which the City has in its possession which are in excess of the actual cost paid by the City. 3. Construction Administration Escrow. Prior to the preparation of final plans and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow in an amount indicated in writing to provide for financing the cost of preparing said final plans and specifications by the City Engineer. Furthermore, the Developer shall also provide a cash escrow to the City in an amount indicated in writing to provide for financing the cost of inspection, staking, and construction administration by the City Engineer. 4. Developer understands that certain public roadway improvements will be necessary for the extension of existing public streets into the Subdivision. Specifically, the streets identified as Brian Drive and Eagle Trail currently dead end in temporary cul -de -sacs at the property line to said proposed Subdivision. In order to extend said streets into the proposed Subdivision, the existing street surface and right-of-way must be reconstructed to a distance of approximately 50 6 feet beyond the boundaries of the proposed Subdivision plat. Accordingly, Developer understands that as part of the Street and Utility Improvements as defined herein, Developer will be solely responsible for the cost of said reconstruction outside of the plat. 5. The City and Developer acknowledge that the walkway/trail as defined on the plat will be improved with compacted class 5 gravel on or before August 31, 2000. D, RECORDING AND REL,FASE. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision, The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder/Registrar to give notice to future purchasers and owners. E. REL'MYBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City for all costs incurred by the City inclneling, but not limited to, the actual costs of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. F. OCC't TPATION OF PR, MISES. The Developer further agrees that it will not cause to be occupied any premises upon the plat or any property within the plat until the completion of the gas, electric, telephone, water, and sewer improvements required by this Development Contract have been installed, unless the City has agreed in writing to waive this requirement as to a specific premises. Furthermore, Developer shall be granted no certificates of occupancy for homes within the plat prior to substantial completion of all Private and Street and Utility Improvements described in this Contract, including the base course layer of pavement. Building Permits shall be issued only within the constraints as set forth previously herein. G. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. H. INDEMNIFICATION AND HOLD HARMLESS.. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from subdivision plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including reasonable attorneys fees. Provided that nothing herein shall require Developer to indemnify the City, its officers or employees from any violation of law or from the consequences of their own negligence. 7 PROHIBITIONS AGAINST ASSIGNMENT OF AGREEMENT. Developer represents and agrees that prior to the completion of the Developer improvements as certified by the City: 1. Except by way of security for, and only for the purpose of obtaining financing necessary to enable the Developer to perform its obligations with respect to the construction of the improvements under this Agreement and any other purpose authorized by this Agreement, the Developer (except as so authorized) will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or transfer in any other mode or form, with respect to this Agreement or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. 2. In the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City shall be deemed to relieve Developer from any of its obligations. In the event that the City approves a substitute Developer and the property is transferred to said substitute. the City agrees to relieve the Developer of liability from performance as described in this Contract. Said substitute shall assume all responsibilities and rights of the Developer under this Contract. J. MISCELLANEOUS PROVISIONS. 1. Reimbursement of Costs for Defense. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Contract, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 2. Validity. If any portion, section, subsection, sentence, clause, paragraph, or phrase in this Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. 3. Waiver. The action or inaction of the City shall mt. constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 4. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. 5. Notice. Whenever in this Contract it shall be required or permitted that noti or demand be given or served by either party to this Contract to or on the other party, such notice or demand shall be delivered personally or mailed by United States 8 mail to the addresses set forth below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the patties hereto are as set forth below until changed by notice given as per above: Developer: City: City of Centerville Attn: City Administrator 1880 Main Street Centerville, MN 55038 6. Final Plat Approval, The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this Contract and of all required documentation, fees, and securities as set forth herein. 7. Incorporation by Reference. All approved plans, special provisions, proposals, specifications, and contracts for the improvements furnished and let pursuant to this Contract shall be and hereby are made a part of this Contract by reference as fully as if set out herein in full. 8. Violation of Agreement. in the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set forth hereunder may refuse to issue building permits to any property within the plat until such time as such default has been corrected to the satisfaction of the City. 9. Park Dedication. The parties mutually recognize and agree that park dedications requirements as provided in the City Code shall be satisfied by cash payment of $26,400 calculated at $1,200 per lot multiplied by 22 lots. 10. Storm Water Fees. The storm water fee shall be paid by the Developer prior to approval of the final plat. This fee is 58,983,65, based on a charge of $.01546 per square foot of 1334 acres of platted area. 11. Liability Insurance Requirement. The Developer shall provide to the City, at the Developer's expense, general public liability and property damage insurance including vehicle coverage protecting the City and the Developer from all claims for personal injury, including death, and all claims for construction of or damage to property, arising out of or in connection with any operations under these contract documents, whether such operations be by the Developer, its contractor, or by any subcontractor, or anyone directly or indirectly employed by the 9 contractor or by a subcontractor under it. Insurance shall be written with a limit of liability of not less than $600,000 for all damages arising out of bodily injury including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than 31,000,000 for any such damage sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $300,000 for all property damage sustained by one person in any one accident, and a limit of liability of not less than $700,000 for any such damage sustained by two or more persons in any one accident. The insurance policies shall accompany the contact for its execution by the Developer and the City of Centerville. The above insurance policies shall be in full force and effect during the life of this Contract. The City, City Engineer, and Developer's engineer shall be an additional named insured in any such policy or policies. IN WITNESS WHEREOF, City and Developer have signed this Development Agreement the day and year first written above. CITY: DEVELOPER: CITY OP CENTERVILLE By: By: Mayor Its: ATTEST: By: City Clerk STATE OF MINNESOTA) ) ss COUNTY OF The foregoing instrument was acknowledged before me this ____ day of 19. by the Mayor of the City of Centerville, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public 10 STATE OF MINNESOTA) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 19 , by the City Clerk of the City of Centerville, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA) ) 59 COUNTY OF ) The foregoing instrument was acknowledged before me this day cf 19 , by , the of ,a Notary Public THIS INSTRUMENT WAS DRAFTED BY: BARNA, GUZY AND STEFFEN, LTD. 400 Nortbtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, loud 55433 (612) 780 -8500 (JDti) 35588_1 11 CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA REZONE PROPERTY NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Commission of the City of Centerville at City Hall, 1880 Main Street. The said meeting will take place on Tuesday, March 2, 1999 at 7:00 p.m. or shortly thereafter. The purpose of the hearing will be to hear all persons present regarding the possibility of rezoning the following property: THE NW 1/4 of NW 1/4 OF SEC 24 TWP 31 RGE 22 EX THAT PRT DESC AS FOR: Com. at NW cor of (total acres 24.46) Anoka County The request is to rezone the above - mentioned property from B1 Commercial use to R2A High Density Single Family Residential use. At the said time and place, the City will give all parties present an opportunity to express their views with respect to the proposed request to rezone the stated property. Written comments will be accepted at City Hall until Tuesday, March 2, 1999, at 4:00 p.m. City Hall is ADA accessible. Request for hearing assistance devices or a sign language interpreter must be received before February 25, 1999. Such a request may be made by telephone (651 429-3232) or by facsimile (651429- 8629). All interested persons are invited to attend and to be heard. You may call City Hall at 651429 -3232 if you have any questions. February 3, 1999 /s/ Ry -Chel Gaustad, CMC City Clerk abcdefghijklmnopgrstuvwxyz Published in the Quad February 10 & 17, 1999 i , r s to IJ LCCC� 1880 Main Street •Centerville, 9l 55038 Est`zblrshect 1857 CITY OF CENTERVILLE (612) 429.3232 • Fax (612) 429 -8629 APPLICATION FOR VARIANCE OR REZONING VARIANCE FEE 2SO.03 REZONING X DATE PAID STREET LOCATION OF PROPERTY: Aprrox. Co. Rd. 14 and 21st Ave. LEGAL DESCRIPTION OF PROPERTY: The NW 1/4 of NW 1/4 of sec 24 TWP 31 RGE 22 Ex That PRT Desc as fo: Com at NW cor of (total acres 24.46) SIZE OF PARCEL (S) 11 acres PROPERTY OWNER: R & R Leasing, Inc. PHONE # 651/426 -1345 FEE OWNER: R & R Leasing, Inc. ADDRESS: 6805 - 20th Ave. S., Centerville, MN 55038 APPLICANT'S INTEREST IN PROPERTY: x FEE OWNER CONTRACT PURCHASER LEASE HOLDER OPTION TO PURCHASE DESCRIPTION OF REQUEST: Re9sne for a tnwahnme protect REASON FOR REQUEST: Sale of property and to encourage development of restaurant and bank facilities. - !7 * Plus any additional costs Signab. of applicant incurred for engineering, /'� legal fees, publication or • Signature of property owner other requirements. Date 1 E. Rezone Request - Bi to R2A (East Willow Glen) Mr. Rehbein stated approval of the rezone request will benefit the city in regards to park dedication funds, utility fees; MUSA cost and building fees. The Centerville commercial site may not sell as soon as the surrounding commercial properties. Ms. Gaustad distributed a copy of the City of Lino Lakes comprehensive plan which suggested that the surrounding property is either commercial or industrial. The commission opened the discussion. Ms. Essex commented the City needs to increase the commercial tax base irrorder to lower taxes and she suggested the property should remain commercial. Ms. Carla Rudd (2071 Willow Circle) said she would rather look at town homes than commercial buildings. Mr. William Jostlin (2054 WillowCirch;) stated that ifthe property r einainscommemial he will not stay in Centerville. Ms: Debra 'Copps (2055 Willow questioned if the property is dense and without adequate parking. Alternate Chair Ms. Broussard Vickers replied that the public is to rezone the Ms: Kopps hoped Centerville doesn't turrrinto a Forest Lake, as it pertains to the bright lights and commercial along the main strip. Councilmember Nelson explained that she received two E -mails in regards the rezone request, one from Mary Jo Helmbrecht and another from Wayne LeBlanc. Alternate Chair Ms. Broussard Vickers-noted receipts of the Motion by Mr. Hanson, seconded by Mr. Buckbee to close the public hearing. Motion carried. • F. Rezone Request - BI to R2A (East Willow Glen) Mr Buckbee commented the he preferred notta recommend to rezone the property, since the property was zoned commercial for commercial use, and the Comprehensive Plan suppu, Ls the -- commerciatuse and - the - Cityhas limited commercial property. Alternate Chair Ms. Broussard Vickers referred to page 33 in the comprehensive plan and she preferred to protect residential areas from offensive She did to {he fact that commercial will make the taxes decrease. Mr. Buckbee explained that the f,st phase ofWillow Glen was autho,izedto buffer the residential from commercial and Centerville does not have to be built in seven days. Mr: Hanson noted the Citydoesrfthave much commercial property, the towrrhurnes will benefit the city immediately, but long range commercial may be a better benefit. Mr. Dale - (Bright Keys) that he beerr a planner for t7 years - in Eagan and the rule of thumb is to make the best decision for now because its difficult to determine what the future holds: Irrshort, if it makes sense at this point in time then approve it. Town homes are selling fast and are good for the growth of the City. The - City may want to wait forconmrercial but will some time. Councilmember Nelson mentioned that it is a difficult decision, why make the change. She also, suggested leaving Motion by Mr. Buckbee, seconded by Mr. Hanson to deny the rezone request from BY tu,umem ciat to R2A Single Family Residential, because it is not consistentwith the Comprehensive Plan. Further discussion: Mr Hanson stated tharnow a decision may be nrade in hest. Mr. Buckbee, Mr. Hanson - aye - Alternate Chair Ms. Broussard Vickers nay. Motiowcarried. Apr -15 -99 01:29P Simply Bookkeeping, Inc. 651 407 -9523 P.02 To Mari Nelson From Mary Jo Helmbrecht 04/05/99 Thank you for asking for my comments Mari. It was always our goal to increase our commercial and industrial tax base. We are limited because of the small amount of land we have for this growth. I think it would be a big mistake to rezone any property from commercial or industrial to residential. It is very common to have townhomes as a buffer to commercial and industrial. I'm sure it will not be a popular decision if the room is full of the residents from the townhomes, but it is in the best interest of the city. We have been working hard on revitalizing the downtown area. I think a bank in this area would help that cause. It would also be within walking distance of the senior housing. This will also be a room full of residents from Eagle Pass. Just remember Mari, you can not please everyone all the time. Good Luck! Apr -07 -99 04:38P S imply Bookkeep Inc. 651 407 -9523 P.03 Page 1 of i G , [ From: >MJH@ddc us.comce <MJHQddc us.com> To: sbi@mninter.net <sbi@mninter.net> ' Date: Monday, April 05, 1999 2:04 PM A Subject: COMMENTS Thank you for asking for my comments Mari. -e lt was always our goal to increase our commercial and industrial tax base. We are limited because of the small amount of land we have for this growth. I think it would be a big mistake to rezone any property from commercial or industrial to residential. It is very common to have townhomea as a buffer to commercial and industrial. I'm sure it will not be a popular decision if the room is full of the residents from the townhomes, but it is in the best interest of the city. We have been working hard on revitalizing the downtown area. I think a bank in this area would help that cause. It would also be within walking distance of the senior housing. This will also be a room full of residents from Eagle Pass. Just remember Mari, you can not please everyone all the time. Good Luck! 4/5/99 ANALYSIS OF COMMERCIAL vs. TOWNHOMES Townhomes 104 UNITS @ avg. tax/unit of $1700 = $176,800 City's Portion $60,112 County's Portion $35,360 School District Portion $81,328 Commercial Valuations First $150,000 valuation at 2.45% Balance at 3.5% $6,000,000 = City Portion $109,840 $8,000,000 = City Portion $146,730 510,000,000 = City Portion $183,620 r lip ChiafofPolice Joel 0. Heckman Circle Pines- Lexington Police Department 200 Civic Heights Circle Circle Plnes MN 55014 612.734 -2501 April 15, 1999 To: Ry -Chel Craustad, CM. C City Clerk Re: Response to your 04/12/99 Memo - Special Use Permit cc: file Upon review of your proposed special use pem it request, my concerns from the law enforcement perspective are traffic issues regarding the entry of slow moving cement trucks unto the major thoroughfares. As both 200 Ave and Main St. have only one traffic lane in each direction, and 50mph speed limits where trucks would be entering, traffic signs or signals may become necessary. • MEMO DATE : May 7, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Rezone to a PUD/Preliminary Plat Consideration - Deer Pass Mr. Gerald Rehbein will be in attendance requesting preliminary plat approval for a new proposed fourteen lot subdivision to be known as Deer Pass. The developer is proposing that this subdivision be considered a planned unit development. Lot #5 was removed from the previous version of the preliminary plat that was reviewed by Council. Mr. Rehbein was originally proposing townhomes on this property. There was much opposition to the original proposal. The Planning and Zoning Committee suggested that the subdivision be arranged as a planned unit development to protect the natural features of the property including the DNR protected wetland. The Park and Recreation Committee suggested that a trail be installed to the north boundary of this plat. Mr. Peterson is also examining installing utilities to the north boundary of this plat to allow for development of the twenty acre parcel adjacent to this proposed plat. PRELIMINARY PLAT X DEER PASS FOR: LEGAL DESCRIPTION Th R & R LE ASING G AD e East Half of the South Half of the Northeast Quarter of the Southeast Worley P} BOX o ase f Section ments of 14. Township 1. Range 22, Anoko L OCATED IN THE CITY OF CENTERVILLE 00 nua 55038 C ounty, M nesorecartl. ta. Suo ec to roses one ony e TELEPHONE 426 -1315 L owxm Arco, n c. P20 b tL�e ..' 48ava &ern' , • ' ` H , SETBACK DIMENSIONS NOTES 2.7.w 90 .2G' - ARE SHOWN THUS , I �' . ° in.a I TOTAL TTOTAL ACREAGE ACREAGE E£ 436,745 IAA. • 70 03 Acre* ' L ` • • • • • q I t �-� a - TOTAL MmIeE LOTS = n 1. MIST( . L MIS RATIO 1 1 a ` It 1 ` . , p .r ` ; $ M .m4 u 4N O � : ♦ RRGE LOT 91C • ]1.198 .0.11 • a. T! xrw .k. i __________ 8 t, 1 '• T ►;.-' e,] - E� •- 7 1 r- - T EN GREEN : D�a se ft - B..0 wen AL P C NE \ i / /�� !� 19.705 U X _ 1 STREET MOTHS HAVE SEEN 1 1 / : / A SR' ! ♦�� • 1 •.� T- / S� PROPOSED - 5 (5$ PLAT ZONING 22 ,al ORW SY FEET TC 11 • • + ■ / � Je[ Se I y%'Y '^ R -s (smt• rAYL r Re90.rN1L.L) 4, Efl 1'ROU CE OF I 90 • - [ MA u- Y2tnaaw r 1 1 5 .RARIL io 1 - 4Dr6UxT PROPERTY 20NML M SAL 1p FACE O[ CURS IN • µ EFFORT TO COMPLY WT1 O'/iffi PC M ^Ril6 t • 1 5'4 1 N M YU / O . ` 1 a 71 ( • •C Po _ R_ 7 ( fl y6) B[Ei MANAGEMENT WtACTrSS 1 y p R_3 5 Fan Pepe A[ WIWNFD IN THE RICE a t herse 131.8 . �_� c { { �' S (rave [p.wY Pepe) • • • • I ( • 1 1 m F' CAEM 70 Nr$ITRPC➢ "1:2-12, Mn- .. 1 �y 1 •Zoning r a n ran. 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Na i ia n iiiaY3ltil arei & ENGINEERING NORT ° R � E �° E 6 ms • e9 n � III , Sti kerm MO �•D•IIYd.f615 7 aae l 2 Y -- OSLyNa PAX: Tu !dial RRws�PRY•® • MEMORANDUM DATE: May 6, 1999 TO: Honorable Mayor and Council FROM: Ry -Chef Gaustad, CMC City Clerk RE: City Hall Computer Bid Attached, please find the completed Request for Proposal (RFPs). Through the process of obtain same, I encountered several differing opinions regarding software and networking options /capabilities that are /or may be best suited for our current and future needs. The following concerns exist: Windows 98 vs. Winds NT Workstation Networking (Peer to Peer) vs. (Peer to Peer w /hub) Subsequent to the differing opinions, it may be in the best ham e.t to , cyuest additional information from the vendors who submitted proposals to make recommendations and justifications for the previously mentioned items consideration. 05112/1999 13:17 6124329939 INFOTECH PARTNER PAGE 01 3761 North Dunlap Street Arden Hills, MN 55112 Phone: (651)482 -9979 Fax: (651)482.9939 � I�: +� a�' i iti W H i {'i "h 1 �' " it . ly Vi u ; i ; tilt 9444r k h il � Sh, pIY� 6i ti 1 � 1 ' 1 � a i n T � � r _ To: 8 _! L/ (4.• / From: c*/)2tdi Com..nv: ! O t.: 5%42/fAr Phone: Peon: bi Fox: 6 - K444 CC: ❑ ldpmt QFFor Rssw ❑ Plan Comet 0 rase Ropy 0 • r , i + V717A FIU INFOTEC]i PARTNER PAGE 02 05/12/1999 13:17 6124829939 Inf 9�»eiox Thh w%y gitrtnerr May 10, 1999 Ms. Ry -Chel Gaustad City of Centerville 1880 Main Street Centerville, MN 55038 Dear Ry -Chel, In Reason per WinNT workstations to Win98': WinNT is a stable; secure platform used for businesses and is not as susceptible to executable viruses, NT was first used In Gov't because of Its design In C2 security features and competitors security issues. Win 98' works Just as well but for business is more susceptible to viruses than NT other than some aspects In Security and functionality Is just fine to work with. In differences on Peer-to-peer (straight connection) vs. Peer -to -peer (hub), Peer -to -peer (straight) Uses thlnnet wiring (coax), If one connection breaks the whole network will be stopped. With a Peer -to -peer Hub connection (star topology), If you lose one connection the network will not stop everyone, just the connection that broke. It uses CATS wiring. SinkrI Chadwick Nolan Account Rep. 37et North Dunlap Street Arden Hills, Minnesota 55112 851 .482.9979 fax 851 .482.9989 95/12/1399 13:17 6124629339 INFOTECH PARTNER PAGE 93 City of Centerville on igligammolLOmmadian Mob Ma 1 Intel Pentium II 400Mhz, 12BMb RAM, 6.401HDO 1.44 Floppy. 40x CDRom, Sound and Vldeo(8M) CDWdter, Speakers, 581( Modem Int., 10)100 PCI NIC Mouse, Keyboard $ 1,382.50 $ 1,362.50 2 Intel Pentium II 400Mhz, 84Mb RAM, 8.40 HDD 1.44 Floppy, 40x CDRom, Sound and Vldeo(8M) Speakers, b8K Modem int, 10/100 PCI NIC. Keyboard, Mouse 1,343.75 2.06730 1 Toshiba Laptop Satei.ne 4080 CDT PII333 2,500.00 2,500.00 4.10, 64Mb 2 NoteCock III Enhanced Port Repplioaror 410.00 820.00 1 84Mb Memory Upgrade Module 110.00 110.00 1 3Com 10/100 LAN Cardbus 95.00 85.00 1 Port - Noteworthy Satellte Standard Carryall 110.00 110.00 2 Port Replicetor Adapter 70.00 140.00 3 1 r Color Monitors 292.85 878.55 200 Fast of Cable With 14 adapters 48.00 96.00 3 HP DeskJet 895 Cxi Printer 419.75 1,259.25 1 HP LaserJet 2100 SE Printer 718.88 71838 1 16 Port 10/100 base T 520.00 520.00 • Software, Full Versions, Quantity of 4 4 WInNT Workstation Full Version 319.00 1,278.00 4 Carole Pro Office 480.50 1,542,00 4 Power Point 36343 1,482,12 4 Coral Draw 8 590.34 2,36 4 Ventura 806.80 2,427.20 1 40 hrs. block time 4,400.00 4,40000 • Total $ 24,448.38 A Full Tum -Key Installation is Available: Pricing Customized to beet fit needs Phone support is available, see to attached letter Twining Available Per Turn -Key Package (bik, hrly, Depending on Needs) We estimate that Installation, Set-up, User Issues, Troubleshooting and Training. Only the actual hours worked will be charged against the Block Time purchased. The City may ohooae to use more or less than 40 hours. Manufacturers' Warranty on hardware Is 1 year • MEMORANDUM DATE: May 6, 1999 TO: Honorable Mayor and Council FROM: Ry -Chel Gaustad, CMC City Clerk RE: City Hall Computer Bid Attached, please find the completed Request for Proposal (RFPs). Through the process of obtain same, I encountered several differing opinions regarding software and networking options/capabilities that are/or may be best suited for our current and future needs. The following concerns exist: Windows 98 vs. Winds NT Workstation Networking (Peer to Peer) vs. (Peer to Peer w/bub) Subsequent to the differing opinions it may - bein the - Council's best interest to request additional information from the vendors who submitted proposals to make 1 recommendations and justifications-for thy 1n viously mentioned items-prior consideration. i e tervZ e 1880 Main Street • Centel-care, MN 55038 Established 2SST (651) 429 -3232 • `fat (651) 429 -8629 April 30, 1999 Dear Vendor. The City of Centerville is currently accepting bids for computer equipment and would appreciate the opportunity to consider you as a perspective vendor. Please submit the completed specification list contained in this mailing and forward it to the City of Centerville prior to 12:00 p.m., May 6, 1999. Thank you in advance for taking the time to complete the specification list and we look forward to receiving you bid, Sincerely, I L tu! bit Li eL Ry -Chel Gaustad, CMC City Clerk • 05/05/1999 10:15 6124829339 INFOTECH PARTNER PAGE 02 1 so terilie InfoTech ?x�fara+tafl'en Tulutolegy 7treittr, May 3, 1999 Ms. Ry -Chel Gaustad City of Centerville 1980 Mein Street Centerville, MN 55038 Dear RyChei, Our approach to working with cities Is perhaps a little different than other vendors. Our name includes the word partners has- - ow we choose to do business. As your partner we will n the state contract when It is more cost effective. Whe / t you with options and thoroughly explain the pros and con, ,(to �' 7" /� , ed decisions. We work with a number of oth C1 � u4 b erstandlng of the budget pressures you face. I have at �� ties we currently work with. We encourage you to con it be right for you, With regard to phone support, _ we given your designated engineer's direct pager number. He will be familiar with your system and will call you within a short time. On the rare occasion that your engineer Is not available, you would call our office and another engineer will help you. We do not charge for this service. We can afford to offer this service because we drop clients who attempt to abuse it. We provide some end -user training whenever we do an Installation. As your partner we work to save your budget dollars by training your staff to do routine system work. We work with you to determine how much your staff is capable of handling. We can also provide on -site training to help users understand the peer to peer environment and how to access the Internet. These kinds of training will simply be billed at the engineer's normal hourly rate, Sin ly, Chadwick Nolan Account Rep. 3761 North Dunlap Street Arden Hille, Minnesota 65112 961.482.9979 fax 6151 . 4$2.9939 L PAGE 05 05/05 1999 '10'i 6124829939 INEOTEtI PARTNER • • La i i jr L.CIN I C flVILLC r EQUIPMENT/DESCRIPTION PRICE Intel Pentium 11400 MHz, 128MB RAM, NB Mg HD, 1.44 Meg 3.5' Floppy, 40 x CO ROM Cries, Sound and Video Cards (8M8 SWAM), CO Writer, speakers and Semi 58.8 we modem 10/100 PCI Ethernet Card (mouse & extended keyboard) (, 5• o% So Intel Pentium II 400 Mkt, 84MB RAM, Mg Oip HD, IAA Meg 3.5' Floppy, 400 x Cb ROM Drive, Sound and Video Cards (8M8 SCRAM), speakers, Internal 58,0 kbs modem, 10/100 PCI Ethernet Card (mouse & warded keyboard) 2 ac Ls�to4 (Serene 4000 CDT) pxx 111 AI.1 f, 4y .4S .2 c a tsr• t ohs _, 2, 'Sc), iti Notebook 01 Sthanctd Port RepAeator 4 149 . , 4' 84MB M Upgrade Module v • `..- _,3Com 10/100 e9 ernet LAN Cardbus Card f .p Port - Noteworthy Satiate Standard Carry -AN / / Port Repiicator Adapter /40 vT 17' Color Monitors 1C711,5", teat cable wladapters q R. E HP DeekJet 895 Cxi Printer c G y 104 4./ 9 ei s HP LaserJet 2100 SE Printer C 4 t 3 2P R r< , 4 6"5 ' 14 AO- R3' y $• io / 100 Elan T it port hub + O • w SOFTWARE Windows NT - Wprk st0.+u4ti 4 Ku I I I ta e a prof salami office (Illy -User License) , frya . e9 Power Pant ( License) 1344472 , C9 Coral Draw 8 ( ser 13 License) 2 71-/ . el Ventura 8 (111111-User License) 7 y , r AO MISCELLANEOUS anty Included ? "� Warr Extended Warranty Available S Associated Fees s / L J /a l '' Stakibon y s Phone Support - Types Available & Associated Fats its 1*1/ WC Hourly Training Rate (Hardware, Software, Peer to Peer & Internet) ; ,K 3/Ick to, € nlir l. . i ivnx 05/05/1999 10:16 6124629939 INFOTEO-I PARTNER PAGE 04 CITY OF CENTERVILLE QTY EQUIPMENTJ9CRIPTION PRICE Intel Pentium 11400 'a 12.411 RAM, G0 HD, 144 Meg 3.5' Floppy, 40 x and CD ROM 1 1 r 56.8 Ii Ott wino Pc Carrel i e & .tea 1, 3ba TO Intel Pentium 11400 MHz, 04MB RAM, 84 Gig HO, 1.44 Meg 3.6' Floppy ROM Delve, Sound and video cards (.Mil SDRAM), speakers, internal eel IS �� 2 2 10/100 PC1 Ethernet Card (mouse 4 .needed keyboard) d) 40 , - 3 1 3 2 S�Eo 4 R t 4i3 q. I Cr dy 46 c0 s k #t.& °' &W M ( Ware& Model. ep r f 0. - 5 1 8 1 � 10/i 00 t was LAN Wass Card 5. eE 7 1 Part.Not worthy Er.11ce Standard Carry -A1 110 sis 0 2 Part Reinter '1 . 9 3 17" Color Mows SO/f.5 10 200 het table rdedzpters 11 3 HPDeNWet%5QdPrier c 44/oA 4/ • qv' 12 1 HP Laura* 2100 SE Printer C 4 /3 4^ , 'WC r It 19 1 J. Pad- CTd$S to 7100 Base t0 port hub -tan .e 14 15 SOFTWARE 18 _ 4 imams Works tS6 4 Fu I I 1 It °; 17 M Me I Profession.' e -Usar License) L 11€11. of 1e 4 Pawn P.W ( license) ger; , c 19 4 Cote' Draw II license) _ 41. 20 '1 ' Venture 9 ( Wen..) 41 • 10 21 22 MISCELLANEOUS 23 til e 24 E7dsnded Wen anty Ae 3 AMadated Fees to.%ta riablti 26 I yes 2ur Mae WOW - Types Made t Associated Fees «4 /1 // /A/C 27 Hourly Trilling Rate (*rdware, S&aware, Per to Per 8 Internet) ,ot 20 E e #.« e 29 30 31 32 33 34 05/05/1999 10:16 6124829939 INFOTECN PARTNER PAGE 03 5/4/99 Page 2 References aty of Andover Jean McGann. (612) 755-5100 City of Vadaais Relights Cathy Vieth -Bruno- (651) 4294343 City of Champlin Rick Bell- (612) 421 -8100 Mazie Company Anita Stensby- (612) 559 -6654 Amacomp Inc. + ++ + Computer sales and service for Home or Office, with the personal touch. • 1742 Main Street +`+ Centerville, MN 55038 + COMPUTERS 651.653.6318 ph. & 651.653.0762 fax SYAMACOMO e-mail address... udo @amacomp.com City of Centerville, 1880 Main Street Centerville, MN 55038 Re: Computer Systems & Accessories Quote May 6, 1999 System 1. Case Max 848E AT /ATX Midtower (250W PS) _CPU Heat Sink Fan Antec Extra Case Cooling Fan Floppy Drive Teac 3.5" Floppy Drive 1.44 meg Processor Intel Pentium II 400 MHz with Intel CPU Fan Main System Board ABIT BX -6 -2 BX ATX Pentium 11 MB (100 MHz SDRAM) RAM 128 Meg 100 MHz SDRAM w/ EPROM ( -7) Hard Drive Quantum Fireball CR 8.4 Gig U -DMA 66 IDE HD CD -ROM Toshiba XM -6502B 40X IDE CD ROM OEM Video Card Diamond SpeedStar A50 AGP 8 Meg SDRAM Sound Card Creative Labs Soundblaster 128 PCI OEM Modem Diamond SupraMax 56K V.90 PCI Fax/Modem Keyboard Focus 2001 104 Key Win '95 Keyboard PS2 OEM Mouse Logitech Mouseman PS2 3 Button OEM Speakers Juster 160 Watt Speakers OEM Net Work Card Dlink DFE -530TX 10/100 PCI Network Card Windows Microsoft Windows '98 & Plus OEM (Includes McAfee Virus) Other Components: HP CDRW 8100124/4//2 E -IDE CD ReWritable APC Pro 7T Surge Arrest (A/C & 1 OBT) Total Sale Price, Including 6 1/2 % Sales Tax $ 1967.83 Amacomp Inc. + ` Computer sales and service for Home or Office, with the personal touch. 1742 Main Street "• ' " • Centerville, MN 55038 651.653.6318 ph. & 651.653.0762 fax COMPUTERS e-mail address udo © amacom p' com BYAMACOMP Computer Systems & Accessories Quote Continued (Page 2.) May 6, 1999 System 2. (Two Units Thus) Case Max 848B AT /ATX Midtower (250W PS) CPU Heat Sink Fan Antec Extra Case Cooling Fan Floppy Drive Teac 3.5" Floppy Drive 1.44 meg Processor Intel Pentium II 400 MHz with Intel CPU Fan Main System Board ABIT BX -6 -2 BX ATX Pentium II MB (100 MHz SDRAM) RAM 128 Meg 100 MHz SDRAM w/ EPROM ( -7) Hard Drive Quantum Fireball CR 8,4 Gig U -DMA 66 IDE HD CD -ROM Toshiba XM -6502B 40X IDE CD ROM OEM Video Card Diamond SpeedStar A50 AGP 8 Meg SDRAM Sound Card Creative Labs Soundblaster 128 PCI OEM Modem Diamond SupraMax 56K V.90 PCI Fax/Modem Keyboard Focus 2001 104 Key Win '95 Keyboard PS2 OEM Mouse Logitech Mouseman PS2 3 Button OEM Speakers Juster 160 Watt Speakers OEM Net Work Card Dlink DFE -530TX 10/100 PCI Network Card Windows Microsoft Windows '98 & Plus OEM (Includes McAfee Virus) Other Components: APC Pro 7T Surge Arrest (A/C & 10BT) Total Sale Price, Including 6 1/2 % Sales Tax Price X 2 = I $ 2819.68 Computer Systems & Accessories Quote Continued (Page 3.) s , Amacomp Inc. * *+ Computer sales and service for Home or Office, with the personal touch. 1742 Main Street + i + Centerville, MN 55038 F RS 651.653.6318 ph. & 651.653.0762 fax COMPUTE BYAMACOMP e-mail address... udo @amacomp.com May 6, 1999 System 3. (Notebook Computer) Base Model Type: Model NB 400 AGP 14.1" TFT Features include... Features include... Floppy Drive 3.5" Floppy Drive 1.44 meg Keyboard 87/88 keys Windows 95 Compatible built in Keyboard Pointing Device Touch Pad with 2 buttons System Chipset VIA MVP3 (82C598/ 596) AGP/ 100MHz Sound System ESS M2EM PCI High performance 3D Stereo Audio Speakers Two Built -in Stereo Speakers, with built-in Microphone PS /2 port 1x 6 -pin Keyboard/ Mouse PS /2 port Serial port 1x 9 -pin (16550A) UART Parallel port lx 25 -pin EPP /ECP Parallel port Game/Midi port 1x 15 -pin External Port USB port 2x External USB ports PCMCIA 2x - Type II or 1x - Type III (Hot Swap) IrDA Infa red Display Adapter (4Mps) transfer rate Other ports VGA - External Monitor, TV Out, S -Video Out & Replicator Battery Li -ion (over 4500mhA) with Smart Chip AC Adapter Auto - Switch (100V- 240V) AC Power Adapter Video ATI Rage LT Pro (AGP2X) 8Meg (SDRAM) Modem 561K PCMCIA Fax/ Modem Processor AMD K6 II 400 MHz (Socket 7) RAM 128 Meg 100 MHz SDRAM w/ EPROM ( -7) Hard Drive 4.0 Gig U -DMA 66 IDE HD CD -ROM 24X IDE CD ROM Display 14.1" TFT LCD Windows Microsoft Windows '98 & Plus OEM Software Titles: Lotus Smart Suite 97 FREE- FREE- FREE - Other 3COM Fast Ethernet Lan CardBus 10/100 PCMCIA Other Components: Port Replicator/ Docking Station ()1. Plus Free Carrying Case FREE- FREE- FREE - 'y Total Sale Price, Including 6 1/2 % Sales Tax V �(` $ 2944.78 1 \ 1\\ �' Computer Systems & Accessories Quote Continued (Page 4.) May 6, 1999 Amacomp Inc. • + + • Computer sales and service for Home or Office, with the personal touch. +� 1742 Main Street + + + ' Centerville, MN 55038 COMP(/7FRS 651.653.6318 ph. & 651.653.0762 fax BYAMACOMP e-mail address... udo @amacomp.com ( Other Accessories ) Quantity Description 3 OptiQuest Q71 17" (.26 dp - 1600 NI) Total Sale Price, Including 6 1/2 % Sales Tax $ 821.33 Quantity Description 1 Dlink DSH -8 10/100 Switchable 8 Port Hub 200 Lin Ft. Category 5 RJ-45 TP EtherNet Cable Total Sale Price, Including 6 1/2 % Sales Tax $ 234.63 Quantity Description 1 HP LaserJet 2100X1 Laser Printer (10PPM - 4Meg Ra ) C 1 HP 895 CXI Color InJet Printer r' 2 15 Foot IBM Parallel Printer Cables Total Sale Price, Including 6 1/2 % Sales Tax $ 1195.55 Quantity Description (Software Titles) New UpGrade i— Single -User ' . 1- Single I lser I in _ r ores tentur8 $g46.O0 $22$p0 . - • - - - /G\ 1- Single User Lic. MS Office 97 Pro. (OEM) $390.00 , \ � c\ w/ Upgrade to Office 2000 1- Single User Lic. MS Windows NT 4.0 (OEM) Add $110.00 V 1- Single User Lic. MS Client Access Lic. / NT Add $ 39.00 5- User Lic. MS Client Access Lic. / NT Add $195.00 (b° Computer Systems & Accessories Quote Continued (Page 5.) May 6, 1999 Amacomp Inc. • y y Computer sales and service for Home or Office, with the personal touch. 1742 Main Street Centerville, MN 55038 ` IZS 651.653.6318 ph. & 651.653.0762 fax COMPLITE BYAMACOMP e-mail address... udo@amacomp.com Technical Data & Terms. • All hardware is warranted against manufacturers defects for a period of One Year from the date of sale. This warranty includes Parts & Labor for removal and replacement of defective components. • No warranty, either expressed or implied is provided for the support, or troubleshooting of any software that is installed on any Amacomp Incorporated computers after delivery. • All component manufacturers used by Amacomp Incorporated offer limited warranties on their parts. These warranties usually are longer than any purchased extended warranty that would be offered. Therefore Amacomp Inc. does not sell the customer something that is already covered. Should an item fail after our warranty period, we would be happy to provide our help and service to the customer in obtaining warranty service direct from the manufacturer at no additional charge. • You may contact us at Amacomp Incorporated to obtain a list of manufacturers and their warranties on any and all components used in our computers. Installation, setup of items contained herein and 2 hours of basic instruction are provided with this quotation for an additional $750.00 (s„f. _ ``'p-) Telephone support is offered for 1 year at no charge for all questions. Thereafter telephone support will be billed at $30.00 per hour, in fifteen- minute increments. On site support and training or troubleshooting is billed at a rate of $50.00 per hour. Terms and conditions of this sale require that a minimum of 50% ieposit be made at the time of sale agreement, and the balance be paid C.O.D. at the date of delivery and setup. These terms are negotiable, please contact Amacomp Inc. Sincerely, Udo P. Wegmann (President) C.C. Counsel Members The 4 4 G It O 11 h Your Solution for Networkin Cc CAD I t May 6, 1999 I : , 1 N Ms, Ry -Che1 Gaustad I City of Centerville 1880 Main Street Centervllk, MN 55038 I Dear Ms, Olmsted: Enclosed is our response to your requeat for l computers and p equipment. For your corven(ence, down wpb t d Auto Group peripheral plant C!y s&./)'prlor to your eget nrmyr parehnwe to errs In dc year c air e nr and s41a!'endor, we w our Proposal u aald!!kt ro sir farare /irtp/enknkruon gli zzucz La 1 trademark c floppy, P17400, 129M M Cey100Mhz DIMM, 6 HD, ppy, sound, speakers, 1d video Cl) Writer, 56X Modem, $ 1,233.00 /0/100 PCI MC, mouse, board. Windows NT S 1,235.00 2 Trademark P11400, 64■PJ 2,020.00 100 M1u DIMM, floppy. sound, speakers, , CD, 56 f $ 1,010.00 o Oi100 PCI NEC, 0/8 video, 40X CD, 56I{ Modem, .$ mouse, keyboard, Windows NT 1 Satellite 4060 CDT Laptdp Note 6 S 1 Note Memory Port Repticator otY UFgrade Module $ 2,770.00 S 2,770.00 2 Dock 1 3Com ]0 /100Ethe S 455.00 $ 1 Port- Natew00Etheate.'li[gl'SeI ndardbCCard S 140.00 910,00 L Port Replicator Adapter / Carry Ail $ 16000 140 CTX VL700 17• $ 90.00 160.00 200 200 Ft. cable & adapters !tors S 75.00 $ 90.0(1 HP Doktx1 pers ' rinter $ 26506 $ 150.00 1 HP LaserJet 2100 Sp. S s 795.00 1 D -Link 100 Em seT 16 po hub S 430,00 S 3600 er 8955 po t t: S 430 00 1290,00 S 310.00 5 31000 1 SOFTWARE 1 Core; WordPerfect Prate glottal Suite Ver, 8 1 Power Point 1 $ Corti Draw 8 $ 360.00 ea. 360.00 ca. Ventura 8 $ 325.00 ea. $ 325.00 ea, S 4 50,00 ea. $ 46000 ea. 4 65.00 ea. S 465.00 ea. I I 7170 University avenue N.F. Fridley, Minnesota S 432 (6I2) 371 -8860 FAX (612) 571-8904 i wweirascagmup•mm MISCELLANEOUS 3 3 year Trademark depot viarranty $ 0.00 S 0.00 3 3 year Trademark On site warranty $ 210.00 S 630.00 1 Installation i $ 1,720.00 $ 1,730.00 1 One year network telephone technical support contract $ 1,200.00 S 1,200.00 1 Hourly training rate 1 $ 100.00/hr S 100.001u 1 The purchase of a telephone technical support contract entitles the user to a 10% discount on Installation and training rates, The installation charge is an estimate b ed on 8 hours at $65.00/hr setup and configuration at our offices and 12 hours of setup and configuration at the City °III es, Upon discussion with Ciry personnel as to specific site requirements, this installation estimate may be adjusted. Thank you for your interest in our prod lets and services. If you have any gLestions or require additional information, please call me at (612) 571 -8860. Sincerely, d{, 74.45-14/ oe Kiesow Government Sales II ililit .__..._..._.._.__._..,.... Mlnnaannlla MhnaaMa • Anus Iowa MEMORANDUM DATE: May 6, 1999 TO: Honorable Mayor and Council FROM: Ry -Chef Gaustad, CMC City Clerk RE: Ordinance #S - Firearms During the Planning Commission meeting a lengthy discussion broke out regarding restricting or eliminating firearms: The Planning Commission made the following motion: Motion by Linda Broussard Vickers, seconded by Brain Hanson that no consensus was reached among and if the Council feels its a a pressing issue, perhaps Council can hold a public hearing. Motion carried unanhnously. The Police Department requested Council #5 to include single projectiles. After the Council and Planning Commission heard the Police Department's concerns, OfficerBlank and I recreated enclosed Ordinance #5. Please contact you have any questions regarding this or any issue. • Council Member introduced the following Amendment to Ordinance No. 5 of the Code of Ordinances of the City of Centerville and moved for its adoption: CITY OF CENTERVILLE County of Anoka State of Minnesota ORDINANCE NUMBER AN ORDINANCE REGULATING THE USE OF FIREARMS IN THE CITY OF CENTERVILLE AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF: The City Council of the City of Centerville, Anoka County, Minnesota, does ordain: The City Code of the City of Centerville, Anoka County, Minnesota, is hereby amended by deleting and replacing Ordinance No. 5 as follows: SECTION 1: Definitions The following definitions shall apply in the interpretation and enforcement of this Ordinance. I. Rifle A weapon, with fixed or folding stock, usually fired from the shoulder, but possibly fired from other locations of the body, having a rifled bore barrel discharging a single shot or bullet at a time, a shot shell, or any other projectile manufactured for or otherwise capable of being discharged in such a weapon. 2. Shotgun A weapon, with fixed, folding or pistol grip -style stock, usually fired from the shoulder, but possibly fired from other locations of the body, normally discharging more than one pellet at a time, except when using a single slug or other projectile manufactured for or otherwise capable of being discharged in such a weapon. 3. Handgun A hand -held weapon or device of any kind that is capable of discharging a single shot or bullet at a time, a shot shell, or any other projectile manufactured for or otherwise capable of being discharged in such a weapon. 4. Bow /Arrow A bow is any device capable of discharging a pointed tip arrow of any kind. Bow includes long bows, compound bows and crossbows. 5. Non - Firearm Pellet guns and BB (.117 caliber QnJ) guns and sling shots, excluding "wrist rocket - type" sling shots. 6. Firearms For purposes of this ordinance, firearms shall include any rifle, shotgun, handgun, bow and arrow and wrist rocket sling shot defined above. SECTION 2: Discharge Prohibited 1. Firearms No person shall shoot, fire -off, discharge or explode any firearm from any location, public or private, within the City of Centerville. 2. Non - Firearms No person may discharge a non- firearm upon or onto public property. No person may discharge a non - firearm on private property unless the projectile emitted therefrom is prevented from travelling beyond the boundaries of the property from which it is discharged. SECTION 3: Permitted Uses Section 2 shall not prohibit the use of firearms by duly authorized law enforcement officers, or by any person engaged in the lawful defense of person, persons, or property. SECTION 4: Penalty Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding seven hundred dollars ($700) or by imprisonment not to exceed ninety (90) days. This ordinance shall become effective immediately upon its passage and publication. This ordinance was adopted by the City of Centerville City Council on the _ day of 1999. Mayor Clerk MEMO DATE : May 7, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Interim Use Permit for Redi -Mix - Dennis Schudy Dennis Schudy was in attendance at the last Planning and Zoning Committee meeting with a proposal to construct a temporary redi -prix cement plant on property owned by Gerald Rehbein in the Industrial Park. Apparently, Gerald Rehbein has purchased Herman Strehlows twenty acres on a contract for deed. Mr. Rehbein has indicated that he can not construct any permanent buildings on the property for a period of ten years. Mr. Schudy would like Council permission to construct a temporary redi -mix plant for a time period of five years. The property in question is currently zoned R -1. A request has been made to rezone the property to I -1. I heard that the reason the property was zoned R -1 was to allow an old trailerhouse to stay on that property that has since been removed. A map indicating the site is included in your packet. In discussions with Dean Johnson, his revised Ordinance #4 would allow for such uses as a redi -mix cement plant by the process of issuing an interim use permit. This would allow an use if approved by Council for a specified period of time. A sample interim use permit format is included in your packet. Mr. Hoeft will be in attendance to answer legal questions in regards to this issue. r K 1 'R g - as g 2 1511 0 Si 1 r / E N 9 4 , ; , . 9 all 1 ; 4110) 12 11 W 1 MI T \\ u q t6 zs Q 5 k& k J lir TRAIL q t 1 9 � EAGLE TRAIL 3 2 aM1Vry a l Na 17 N 11 LW arc), 0 _ z AIL e'� 1 4 � I blimp M03 J 001l0T Lad 19 � 11 A ., 10 3 -71911. 12 2° 21 ° n a 4 2 J &N I F 1 ® � � I C I— 19>a 12 SI I 1 0 1 ice\ 8 � L v ______ - _ CCDAR 3'R2CCT C I T Y O F L I N O L A K E S I I f •-", 3: 'e tervitte 1880 Main Street • Centervi!!e, `MT( 55038 Established 1857 (651) 429 -3232 • fax [651) 429 -8629 CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING CENTERVILLE READY MIX SPECIAL USE PERMIT NOTICE IS HEREBY GIVEN that a public hearing will take place before the Planning and Zoning Commission of the City of Centerville on Tuesday, May 4, 1999, 7:00 p.m. or shortly thereafter. The hearing will be held at the Centerville City Hall, 1880 Main Street. The purpose of the hearing is to hear all persons present regarding the application /request for a Special Use Permit for proposed Centerville Ready Mix. The legal description for the proposed site is: That prt of NW 1/4 of SW 1/4 of SEC 24, TWP 31, RGE 22 LYG NLY OF S 662.45 FT THEREOF, EX RD, SUBJ TO EASE OF REC. (PIN: 24- 31 -22 -32 -0003) Written comments will be accepted at City Hall until Tuesday, May 4, 4:00 p.m. City Hall is handicap accessible. All intereseted parties are invited to attend and to be heard. You may call City Hall at 651- 429 -3232 if you have any questions. DATED: April 12, 1999 SIGNED: Ry -Chel Gaustad, CMC City Clerk Published in the Quad Community Press on April 21, 1999. CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA SPECIAL USE PERMIT REQUEST FEE: 7 5 0v PAID: 4 D2I gg NAME Oi 1/1t 5 > k t- o' COMPANY ( / eTi' V' l �-< #( d tw r i t ADDRESS 6'7 `0C 2 D %{{�� `? f t c' -<' PHONE NUMBER ‘C 3 /0 a 9 PIN#1 -2Z - ? -000 DATE: SPECIAL USE PERMIT REQUEST: / / 17 5 TA, rt A 1: // y o<' r /l ce 5 f )-1 eS'f a74 TA, .e.. d el 2 / ST 14 ✓� PLANNING AND ZONING ACTION: CITY COUNCIL ACTION: Owner of property Address ti + Permit No. INTERIM USE PERMIT APPLICATION Applicant - Name: al 141C ``tc t� Street Address: 4 9r An' S City/State/Zip: /5/ura Mkt cb 3 r Telephone: `i 5 /02 9 Contact Person: 41" e. / Land Owner - Name: l 9t� it - "4/c R - k r Street Address: for 32 Se City /State/Zip: pet - a {Gt /.t S'-Sc3 f Telephone: Legal Description - Quarter Section(s): ./V1-/19 sw - . Section(s): X _ L , G e S, . 2 - 'I- C Pia 71/ 3 / 3246'3 Site Acreage: 2 Permit Acreage: 2. Current Land Use Designation: / r a/ /< Current Zoning District: 12, � / — r / Material Description: (; /'a e I a-rn Cl rw -` Estimated Ex Quantity: Number of Phases in Operation: ri.-v - Estimated Years of Operation: S ✓t u k t,'1 /7 da r/ Vehicle Use Description: Cox CY re 7 ct e k j 6 / h - k c k cock-c e r u c k s LNiK6' -NL ¢t /ice ,yodacrvrove /1r ct /(7d r. '/ E pme Use / Description: 1-7e e f ✓ c6' - . j co a d r G.M / , 4 i , e #4..A. 174 • Jul' Tv m a p IUP Application Page Two Estimated Average Daily Truck Trips - Company Owned: C Non- company Owned: Estimated Peak Daily Truck Trips - Company Owned: Non - company Owned: Haul Routes 62/ sr )9 ✓t ro Ai 7-, Sr Supporting Documentation The City of Centerville requires submittal of supporting documentation. This application will be considered incomplete for processing if received without all required information. Fees and Reimbursement Interim Use Permit requires prepayment applications and processing fees,as well as reimbursement of all additional out of pocket expenses incurred by the City in processing the application. The fee shall be set Council resolution. Permit Term - The Maximum duration of the Mix permit shall be specified in the Interim Use Permit and Shall remain in effect, subject to annual renewal permits and compliance with the Interim Use Permit. AGREEMENT: I certify, to the best of my lmowledge, the application documentation submitted is correct. I am authorized to execute this document and I agree to reimburse the City; for all out of pocket expenses incurred in the review and processing of the application Signature: C Name: �� ' S kola Title: o Et( _C i'M-• tS Date: IUP Application Page Three !Date Application Received: ;Date Application Complete: Application Fee Amount: Date Received: Date Environmental Review Complete: Public Hearing Dates. Comprehensive Plan.: Zoning: Interim Use: Planning Commission Recommendation: City Council Action: I — !Development Aaeement Date: I i Permit Nc.: CITY OF CENTERVILLE 5/4/99 APPLICATION FOR SPECIAL USE PERMIT; THE PURPOSE FOR THE PERMIT TS TO START A CONCRETE REDI -MIX BUSINESS IN CENTERVILLE TO OPERATE FIVE YEARS TO THE DATE OF DEC. 1 2004. THE SITE WIT T BE ON A PIECE OF PROPERTY LEASED FROM GERALD REHBEIN AT THE SOUTH END OF 21 AVE. BECAUSE OF A CONTRACT THE OWNER HAS ON THE PROPERTY, IT CAN NOT BE SOLD AND DEVELOPED FOR TEN YEARS, WHICH MAKES THIS SITE APPEALING FOR. THIS TIME FRAME. IT IS A SEASONAL BUSINESS, RUNNING FROM MAY TO OCT. THE AMOUNT OF TRAFFIC WOULD BE ABOUT FOUR TRIPS A DAY DURING THE DAYLIGHT HOURS, MONDAY THROUGH SATURDAY, WEATHER PERMITTING. THE BUSINESS IS VERY SMALL, USING ONE OR TWO PEOPLE TO OPERATE IT. A TANK WOULD BE SET UP TO HOLD THE DRY BULK CEMENT, WHICH WIT.T, NOT BE ANY HIGHER THAN THE 35 FT.CODE. THIS WOULD BE LOCATED ON THE NORTH SIDE OF THE EXISTING POLE SHED. THE POLE SHED WILL BE THE INSIDE STORAGE AND PARKING AREA FOR. THE TWO CONCRETE TRUCKS. THERE WOULD BE ONE PILE OF SAND AND ONE PILE OF GRAVEL ABOUT 6FT. HIGH AND SFT. IN DIA., LOCATED NORTH OF THE CEMENT TANK. THE MIXENG OF THE CONCRETE IS DONE IN THE TRUCK. THE PROPERTY HAS CITY WATER SERVICE. OFFICE SPACE WOULD ALSO BE INSIDE THE POLE SHED. FACILITIES WOULD BE CONTRACTED THROUGH A SATELLITE OPERATION COMPANY. THE DRIVING AREA IS TO BE COVERED WITH CLASS FIVE GRAVEL. THE AREA AROUND THE TANK, SAND, AND GRAVEL WILL HAVE A 1FT. BERM AROUND IT TO PREVENT RUNOFF. THE INSIDE OF THE SHED WILL HAVE AN IMPERVIOUS BARRIER PUT DOWN ON THE FLOOR TO CATCH ANY FUEL OR OIL LEAKS FROM THE TRUCKS. THERE WOULD NOT BE ANY FUEL OR OIL STORAGE TANKS LOCAT ON THE PROPERTY, ALONG WITH THE PERMIT FROM THE CITY, A PERMIT FROM THE MINN. POLLUTION CONTROL AGENCY AND A PERMIT FROM THE RICE CREEK WATERSHED DISTRICT WOULD BE NEEDED. THE PERMIT FROM MPCA IS FOR A SITE PLAN OF STORM WATER CONTROL, FOR THE PREVENTION OF, AND EMERGENCY ACTION TO BE TAKEN, IN CASE OF A FUEL LEAK, HYDRAULIC OIL HOSE LEAK, ETC.. THEY INSPECT THE SITE BEFORE THE PERMIT IS ISSUED AND REINSPECT ON AN ANNUAL BASIS. IN SUMMARY, THIS IS A SMALL BUSINESS WITH LOW IMPACT TO THE AREA IN WHICH IT WOULD BE LOCATED, NEXT TO SHEEHY CONSTRUCTION AND ARCADE ASPHALT. COST OF THE PRODUCT WILL BE LOWER TO THE COMMUNITY BECAUSE OF THE LOW OVERHEAD AND LOWER TRANSPORTATION COSTS, BEING IN THE LOCAL AREA. ALSO THE BUSINESS WILL ONLY BE THERE FOR FIVE YEARS. ATTACHED 1S A SITE DRAWING AND A SIMULATED PICTURE OF THE SITE. D_" DENNIS SHUDY 00 6795 20 AVE. S. HUGO, MN. 55038 651 -653 -1029 nn F M1 < -7 % - t $O � 'T TC x ' L "CA I s CC (Th V 1� s 6 - sty s yr . - , , ' • + , it ar5 , ate yI . 1 _ . r .,.•-.._ ti 1 . • .. w1 s ' r._ )1 1 I `, 1 . 1 . y w' .. 1 .1 1 j �. - ,, i vts i ) _ fw — = _ — - _ r A I.* 5 "1' r ', ilk t :e A ' ,. :sus '' R a f 1 t * • 1 . Sc ti - y(17wS. 1 "Irs. w, Chief of Police Joel P. Heckman Circle Pines - Lexington Pole Department 200 Civic Heights Circle Circle Pines MN 55014 612.784 -2501 April 15, 1999 To: Ry -Chel Ciaustad, CMC City Clerk Re: Response to your 04/12/99 Memo-Special Use Permit cc: file Upon review of your proposed special use permit request, my concerns from the law enforcement perspective are traffic issues regarding the entry of slow moving cement trucks unto the major thoroughfares. As both 20 Ave and Main St have only one traffic lane in each direction, and SOmph speed limits where trucks would be entering, traffic signs or signals may become necessary. MEMORANDUM DATE: May 6, 1999 TO: Honorable Mayor and Council FROM: Ry -Chel Gaustad, CMC City Clerk RE: Council/Commission/Committee Recognition Plaques The Planning Commission discussed recognizing Mr. John Buckbee for the years he served as a Planning Commission Member. The Commission suggested that tke Council consider purchasing multi -name recognition plaques for the retiring members of the Council/Commission/Committees. The - Commission took the following action: Motion by Chair Welk, seconded by Brian Hanson to recommend to the Council to give consideration to hanging a plaque at City Hall for Council,, Commission and Committee members that served a minimal of two years and recognize the ' person with a certificate ofapp zmiation: Motion carried unanimously. Recently, the EDC purchased two recognition plaques for citizen and business person of the year. The cost 570.00 plus tax Itwonld bcrappropriate to partite recognition plaques for the following groups. Mayor /City Council Planning Commission Park and Recreation Commi ee Economic Development£ tee this - would total - 5280.90, plus "tam - MEMORANDUM DATE: May 6, 1999 TO: Honorable Mayor Council FROM: Ry -Chef Gaustad, CMC City Clerk RE: AnimalOrdinance #24 During the April 28, 1999 Council meeting the Council heard a complaint in regards to eats at large. Conncilmember 7 • coveretttbat Animal Ordinance#24 did not address cats at large. The Council f the City develop an Ordinance to address cats at large anti the possibility of licensingthent The Council directed to compile animal ordinances from the surrounding communities. Included in your packet is a copy of several animal ordinances, some deal with cats and whereas; otbers dtrnott. The Planning Commission plans to meeting on Tuesday, May 18, at 6:00 p.m. to discuss Ordinances. During the meeting, this issneeoatd be cun3:dr, ed. However, it been.my experience that the animal ordinance is a huge undertaking and thus, the ordinance may not be ready forCouncil's finatcons summer, early fall. It is my recommendation that the Councl orward this issue to the Planning Commission in order to amend the ordinance. T MC 145 University Avenue West, St. Paul, Minnesota 55103 -2044 Lagoa Phone: ( 651) 281 -1200 • (800) 925 -1122 W d On. R a' Fax: (651) 281 -1298 • TDD (651) 281 -1290 FLUFFY, FIDO, & IGOR: ANIMAL CONTROL ORDINANCES By Carla J. Heyl, LMCIT Senior Staff Attorney, Ellen A. Longfellow, LMCIT Loss Control, & Jessica E. Schwie, Law Clerk, League of Minnesota Cities INTRODUCTION As this country has become more densely populated the need to regulate animals and pets has grown.' Therefore, municipalities have a wide range of control over the ownership of pets and animals. Cities have enacted and successfully enforced laws regarding the following: • limits on the number of dogs per household; • requirements for a special permit to have certain pets or to obtain licenses; and • the ability to order or allow the destruction of pets or other animals.' II. AUTHORITY FOR REGULATION OF ANIMALS Animals are considered to be private property; therefore, animals are subject to the same regulatory devices as any other private property would be under the police powers of the state' In addition to their property -like characteristics, animals by their nature can be nuisances due to their odor and noise. Animals also present the potential to cause great bodily harm. As a result of their nuisance -like nature and potential danger, animal and pet regulation has been found to be well within the police powers of a municipality.' Not only is it within the police power of government entities to regulate and control animal ownership, it is the government's duty! An inherently dangerous condition can be caused by uncontrolled or vicious dogs or stampeding animals.' A city's failure to respond to such dangerous conditions may rise to a level of reckless disregard for the public's safety.' Municipalities must have the authority to take such animals under control in order to satisfy their duty to keep the City's streets safe. Thus, it is common for municipalities to enact ordinances that regulate the keeping of animals within its borders. G J' CL01l177NAl9,,IDRtif /MVTENOOA'A.VMGLCO N/O 58 CW!^Nt Lu{u' ,( Mimeau Cilia C 1911 III. GENERAL CONSIDERATIONS FOR DRAFTING AND ENFORCING ANIMAL CONTROL ORDINANCES The regulation of pets and other animals has not remained unchallenged over the years. In fact, challenges to animal regulations have increased over the years with a number of different constitutional challenges made against a wide variety of regulations. A. The purpose of animal control ordinance and regulations — are they rationally related? Challenges to animal ordinances are often based upon the rational relationship of the ordinance to the police power or the arbitrary and capricious adoption of ordinances. A city must have some reasonable basis for adopting an ordinance.' Animal regulations have been found to be rationally related if adopted to protect citizens from the danger of uncontrolled or inherently dangerous animals, prevent nuisances or maintain clean and healthy living environments in addition to many other reasons.' When drafting an ordinance to control animals within its community, a city may address a problem as it sees best. A city is entitled to "a reasonable opportunity to experiment with solutions to a problem. ' B. Drafting the animal control ordinance — is it too vague? An ordinance will be void for vagueness if it is not definite enough for a party to know from the statute what behavior should be avoided.' This is measured by whether a reasonable person would or would not understand that his conduct is prohibited by the ordinance." Therefore, the ordinance drafted by the City should provide enough guidance for ajudge to apply the law and for an attorney to defend against it. In many cases the pet owner recognizes the fact that his /her pet falls into the regulated category of animals. And, the burden falls on the animal owner or challenging party to demonstrate that the ordinance is unconstitutionally vague." Because animal control ordinances generally impose criminal sanctions on animal owners for their violation, courts generally carefully scrutinize the ordinances.'' Nevertheless, the ordinances are generally upheld because simple dictionary definitions or common use of the term wiil often resolve any ambiguity presented by the ordinance." Thus, many owners will not have standing to challenge the constitutionality of the ordinance for vagueness because, by the plain- meaning, the ordinance clearly applies to them. However, such owners may still challenge the ordinance as unconstitutionally vague when it is facially vague as written and overbroad." A facial attack on the vagueness of a statute requires a showing that the ordinance is vague in all of its applications not just in some hypothetical situation: ° Because an owner could bring such a claim, a municipality should try to be clear in what it demands from specific owners. For example, if the city enacts an ordinance requiring an animal to be kept on a leash, the city should be clear as to what animals this applies to and when. G. VCL0917tYAIV/n fRAS M1NOWf2OOMANf. ULCO 1170 5 9 Cw,nW Leave of Mmenu Cam 0 19W C. Making the distinction between types of animals in your ordinance — is that a problem with the equal protection clause? In Minnesota, distinctions between types of animals may be made when enacting an ordinance.' However, the ability of a municipality to make certain distinctions is limited by state statute. Minnesota law prohibits the regulation of dangerous dogs based solely on the breed of the dog; for example, a municipality may not prohibit the ownership of pit bulls2 Although a municipality may not ban a certain breed of dog, Minnesota does require anyone who owns a "dangerous dog" to register the pet, keep it in a proper enclosure and muzzle and properly restrain when it is outside of the enclosure' As for any other distinctions made in an ordinance, the municipality must have a reasonable basis for doing so2' The municipality, however, has broad discretion in determining classifications' Thus, it is valid for a municipality to draw a distinction between private ownership and zoo ownership of wild animals; and, consequently, prohibit the private ownership of certain animals that the city defines as "wild animals"?' For example, St. Paul's ordinance restricting the ownership of rabbits, chinchillas, minks, chickens, turkeys or other small animals or birds was found valid because it did not unreasonably restrict the type of pet one can own nor unfairly exempt certain organizations from the permit regulations.' D. Capture and custody of the animal — have you provided for the owner's due process rights? Due process is an essential consideration in ordinances that allow the city or one of its agents to impound or destroy an animal. The court will balance four factors in determining whether the due process requirements have been met: 1) what are the private interests that are affected; 2) what is the risk or erroneous deprivation of that interest; 3) what is the probable value, if any, of additional or substitute procedural safeguards; and 4) what are the government's interests in the matter?' Although it will be discussed in greater detail below, a municipality should give notice to an owner and an opportunity to request a hearing prior to the destruction of an animal. IV. SPECIFIC PROVISIONS IN ANIMAL CONTROL ORDINANCES A. Limiting the number of animals per household When a municipality is drafting an ordinance that, for example, limits the number of dogs per household, the municipality is not required to consider empirical data2' Dog owners challenged the constitutionality of Sauk Rapids' ordinance limiting the number of dogs per home without a permit to two; and, allowing permits to be obtained for owning more than two dogs over the age of six months. The dog owners argued that the ordinance was arbitrary and capricious and not rationally related to the health, safety and general welfare of the public because it was not passed based upon empirical studies. G.' PCLCIDi ]YAMWORASIANOlFdCCAUNLIGLQ). II PO 60 CwmN1 Lan,c or Mlxiaou at., C 1799 The Court held that empirical data is not necessary to support the adoption of such an ordinance. The existence of alternative methods for resolving the problem or debates as to what is the best method for resolving the problems will not be a basis for declaring the ordinance unconstitutional. Choosing some number arbitrarily also will not render the ordinance unconstitutional as some number must be selected. Similarly, an ordinance prohibiting the keeping of more than three adult dogs in any residential home in the city's residential districts was upheld because it was rationally related to controlling problems of dog noise and odor as it affects health and general welfare." B. Barking dogs and other noisy animals Barking dog ordinances are often challenged under the vagueness doctrine. The most common problem with barking dog statutes, like other nuisance -like or disturbing the peace type ordinances, is the ordinance usually lacks some objective standard to indicate what is unacceptable barking or noise. These statutes come to depend on the personal threshold of annoyance of the complaining neighbor or investigating officer." These measures do not provide adequate notice to citizens of what is allowable and what is not allowable behavior. For example, the City of Edina had its barking dog ordinance struck down as it was not adequately defined. The ordinance prohibited the keeping of an animal which "by any noise disturbs the peace and quiet of any persons in the vicinity." The Court did not find there to be any well accepted, generally understood meaning of the phrase "disturb the peace and quiet." The ordinance did not provide any standard to measure annoyance of persons in the vicinity. The standard was based upon the personal senses of the enforcing officer and from this an average person of common intelligence would not be able to determine the prohibited conduct. This type of standard invites arbitrary enforcement of the law by officers. Therefore, a municipality should provide for some type of measure in their animal control ordinance that defines at what point an animal because a noisy nuisance. For example, many municipalities have decided that more than five minutes of continuous barking, whining, howling, etc. is a nuisance and a citation may be issued under their ordinance. C. Breeding moratorium Recently, mandatory spay and neuter legislation has begun springing up across the country. For example, San Mateo County adopted an ordinance mandating the spaying and neutering of dogs and cats within the unincorporated areas of the county unless the owner had a breeding license or, in limited circumstances, written certification from a veterinarian dispensing with spaying or neutering for health reasons? The stated purpose of this type of ordinance is the reduction of euthanasia of unwanted animals. Although the stated purpose of the ordinance is commendable, for the following reasons a municipality should exercise caution before adopting such an ordinance. First, despite the fact that this type of ordinance has yet to be challenged in court. the G. V'C_L 61 C Lery[ n( M;mmu Cue G 1999 n . .vvamxmn vnr[eoan. . vn"(c °. rvro V 1 validity of such an ordinance is questionable. Second, a study conducted in San Mateo after the enactment of the ordinance indicates that the ordinance has not had the desired result' In fact, there was an initial increase in the number of unwanted pets and a corresponding decrease in the number of pets adopted. Thus, the ordinance had the effect of actually increasing the number of animals subjected to euthanasia. Should a city want to enact a breeding moratorium ordinance, it has been suggested that the most effective solution would be to direct mandatory spaying and neutering to humane organizations and shelters which facilitate the adoption of pets." Requiring these organizations to insist upon spaying or neutering prior to adoption, would substantially eliminate pet over - population and strays.. " D. Dangerous dogs As stated earlier, Minnesota state law prohibits ordinances that prohibit the ownership of a specific breed of dog; for example, an ordinance that prohibits the ownership of a pit bull. Rather, a municipality may declare a particular dog as a dangerous doe based on certain identifiable characteristics that make that particular dog daneerous. Whether a dog's particular behavior falls within the applicable classification requires that the municipality show that an individual dog is dangerous under the criteria set out in the statute. Specifically, the city must show: the dog has 1) without provocation inflicted substantial bodily harm on a human being or another domestic animal; or 2) been found potentially dangerous (inflicts bites without provocation, chases without provocation, or has a known propensity to attack unprovoked) and the dog subsequently endangers the safety of humans or domestic animals. " Once a dog has been declared to be a dangerous dog, the owner must register the dog with the county and meet other statutory requirements. Although it appears under the statute that the county should take over control of dangerous dogs, a municipality should consider providing for the control of a dangerous dog under its animal control ordinance. The county may not have an animal control officer or the municipality may find that it can better control such animals under its own ordinances. Furthermore, the state legislature recently passed an act transferring the responsibility of registering dangerous dogs from Dakota County to the municipalities located in that county. Anoka County just introduced a bill hoping for a similar result. Thus, there may be a trend in this area to shift responsibility to the municipalities. As for potentially dangerous dogs, Minnesota statutes do not impose any limitations on dogs that fall into this category. A municipality, however, may establish limitations and restrictions for owners of dogs deemed to be potentially dangerous under the statute. It has been suggested that a municipality must provide the dog's owner with the opportunity to reclassify a dog designated as dangerous to non - dangerous after a demonstration of reform. However, there is no statutory or case law requiring a municipality to reclassify the dog. C PC7.0.o17nA n /M1t0/£800AVNOGLCO, n' YO 62 CY,n{Iu Len. De Mimmu C.ue 0 1999 E. Kennels Minnesota statutes provide for the regulation of kennels." The statutes require the owner /operator of a kennel to obtain a license for operation from the Board of Animal Health. A municipality may, however, incorporate the statutory provisions into its animal control provisions or draft an ordinance that better defines what constitutes a kennel and any additional restrictions. V. THE RESPONSIBILITIES OF THE ANIMAL OWNER A. Obtaining a licence Many ordinances provide that an individual cannot own an animal that has not received proper vaccinations. In order to have this type of provision the City must require proof of vaccination. Ordinances that require animal owners to "check the box" as to whether or not their animal has been vaccinated have been challenged as violating a person's right against self - incrimination. Therefore, it is better to merely require a certificate from a veterinarian that the animal had been vaccinated. B. Humane care Minnesota Statute, chapter 343, prevents cruelty to animals. Cities may have similar provisions. However, those provisions should be very specific, e.g., requiring that animals be given proper food, water and shelter. Otherwise they may challenged for being too vague and thus violating a person's due process rights. Rather than drafting its own provisions a City may incorporate state law into its ordinance. In making the determination that an animal is being treated cruelly, the City must take into consideration the breed of animal in question. Otherwise, an owner may challenge a citation for animal cruelty on the basis that the ordinance was applied to him or her arbitrarily. For example, certain breeds of dogs do not require an enclosed shelter while outside; even though it may be a typical Minnesota winter and 30 degrees below outside. Thus, it would be inappropriate for the City to issue a citation for animal cruelty on the basis that the owner failed to comply with the ordinance by failing to have an enclosed shelter. VI. THE CAPTURE AND CUSTODY OF AN ANIMAL — WHAT ARE THE IMPLICATIONS? A. Seizure of animals 1. Authority to enter the animal owner's premises In order to enforce its animal control ordinances, enforcement officers may need to enter onto the premises of an animal owner for inspection purposes. Generally, a search warrant is required to enter upon a person's premises, inspect it, and seize any property." Therefore, an enforcement officer should VYZOl911\:UOX ORAMMOITSOOrinMACCO. NPO 63 Copy. W °e m ! plM,wu Cams 0 is.. first request consent to enter the premises from the property owners; or, failing that, seek a warrant prior to inspecting a premises for possible animal code violations sa However, it may be possible overcome the need for a search warrant by the use of an implied consent provision in the municipality's animal ordinance. The provision authorizes warrantless searches of an animal owner's property based upon the idea that a person who owns an animal has impliedly given permission to the City to enter the premises in order to control or inspect the animal. This, however, has been challenged in other states and struck down as violation of a person's constitutional rights." 2. Animals at large An animal roaming about, unattended is considered to be a public nuisance.' The municipality has a duty to capture the animal running at large so as to prevent injury to the public 5 Therefore, most municipalities have enacted "leash laws." These ordinances require animals to be kept under the control of the owner by use of a leash or some other restrictive device when outdoors. B. Care for animal once captured Once a municipality has captured an animal, Minnesota statutes impose certain duties upon the municipality for the care of the animal 5 The following discusses the required care of captured cats and dogs. 1. Transport Minnesota statute specifies the method and manner in which an animal must be transported. The container in which the animal is placed must meet the following requirements: constructed of nonabrasive wire or a smooth, durable material, provide protection to the animal, adequately ventilated, provide enough space for the animal to turn around, kept clean. 2. Confinement a. Shelter Statutes also provide guidelines for the type of shelter in which the animal is confined 6 Generally, the confinement area must provide sufficient space to allow the animal to turn about freely, stand, sit, and lie in a normal position b Animals may be kept together, but they must be compatible and there must be sufficient space for each one. Thus, the statute provides a formula for ascertaining the minimum floor space required given the animal 6J In addition, the general conditions of the confinement area must be sanitary— in other words clean and in good repair. There should be can „n J a,.s s ivOrEBOOA,..f,,.,C0 .,0 64 Caw tape ,(,.,,.a. Gov 09,9 reasonable ventilation, drainage, temperature, and lighting 6 If the confinement area is outside, a shaded area must be provided during the summer months (May to October)." b. Food and water The animal must be provided with enough food and water and of a reasonable quality so as to allow for the normal growth (nonadult/ not fully grown animal) or maintenance of the animal's body weight 67 c. Exercise Any confined animal must be periodically exercised 68 d. Confinement of animals other than a cat or dog If the municipality seizes and confines a pet bird, rodent, or other animal (not including farm animals), the foregoing generally applies. However, Minnesota statutes have modified the care requirements for these types of animals6 3. Records A municipality that has custody of animal has a duty to maintain and make available to the public certain records for at least six months after the capture of the animal. Those records must include the following: the description of the animal by species, breed, sex, approximate age, and other distinguishing traits; the location at which the animal was captured; the date of capture; the name and address of the owner; and the name and address of the person who adopts or takes ownership of any animal over which the municipality has custody." If the owner of the captured animal is unknown, the city must post a notice containing a description of the dog for ten days as well as the date of the hearing on which the disposition of the animal will be considered.'' C. Animal disposition A municipality, generally has the authority to dispose of an animal within its custody." Several statutes address the amount of time a municipality must hold an animal before disposing of it whether by sale, adoption, or destruction." The times varies depending on the reason for the capture or the classification of the animal; so that, the standard stray animal may be destroyed if the animal is not claimed within five days, a dangerous dog within seven days, and a cruelly- treated animal within ten days. Prior to disposal of the animal, however, the municipality should: 1) wait at least ten days; and 2) give notice and an opportunity to be heard to the owner. Although many municipalities do not wish to keep animals this length of time because of costs, for ease and simplicity ten days meets all statutory requirements and has been upheld by a court as a sufficient amount of time.' Furthermore, the municipality, under its ordinance, may simply assess the fees for maintenance of the dog over the c(rc wID,g/m11oRL\YM'UTr.soor A AMLco-no C.pngM Lap. .LM. c.oa Goo O 19fi 65 ten day period back to the owner. If the owner fails to reclaim the animal, the municipality must transfer the animal to any licensed institution that has requested the animal; unless, the animal wears a tag that specifically states that it may not be used for animal research." Otherwise, if the owner still fails to reclaim the animal and: 1) no licensed institution has requested the dog; or 2) the city was unable to transfer animal because it bore a no research tag; then the municipality may elect to destroy the animal." However, there is little private interest in harboring dangerous or potentially dangerous animals. Moreover, the general public has a significant interest in the prevention of dangerous or potentially dangerous animals roaming the streets. The government entity will have a substantial interest in controlling animals to satisfy its obligations to the public. Thus, while due process is a concern prior to killing a pet, summary destruction of a pet is justified and constitutional in some cases. When an animal presents an immediate danger to the safety and health of the public, no notice or hearing will be required prior to destruction. The circumstances must be such as to create a reasonable belief that such killing is necessary to prevent injury to persons or property and the probability of present or future depredations while giving reasonable regard to the value of the animal to be destroyed 8 For example, summary destruction is permissible where it necessary to prevent the spread of an animal epidemic for the immediate protection of the public8 On the other hand, the mere fact that a dog may be chasing another's livestock or pets, however, is not enough to justify killing the dog. Rather, there must be a reasonable belief that the killing was necessary for the protection of the livestock or pets8 VII. CHALLENGES TO ORDINANCES A. Invalid ordinances Any ordinance found unconstitutional will be struck down. But this is not the only remedy sought by those who challenge pet regulations. If an ordinance is struck down for being unconstitutional, it is likely that the plaintiff's attorney will seek attorney's fees as provided for by federal statute, 42 U.S.C. §1983. While the actual damages for such a lawsuit may be minimal, the award of plaintiff's attorney fees could make the lawsuit a very expensive one for the City. The Minnesota Council of Dog Clubs recently claimed damages under section 1983 of the United States Code. To receive section 1983 damages, plaintiffs must show: I) they were deprived of a federal right; and 2) that the person depriving them acted under the color of state law. Generally, section 1983 damages are to be awarded in cases of egregious conduct by municipal employees acting with apparent authority. Cases in which a municipality sought to enforce a ordinance later found to be unconstitutional does not present the type of egregious conduct that Section 1983 damages are designed to discourage 8 As a result, the Minnesota Council of Dog Clubs did not receive Section 1983 damages; even though it had been successful in L. tPC_OS777 '• 4199i1 WPO * Cop,n,n1 L °OK.(Mwmu Cuiu a IM 66 [ having several provisions of the Cruelty to Animals Act struck down. B. Improper search and seizure In cases where enforcement officers entered on a person's property in order to inspect or capture an animal without a warrant, the animal control owner may request section 1983 damages 8 Again, because it may be possible for an animal owner to obtain attorney's fees (making the suit very expensive) if an enforcement officer conducts a warrantless search of the owner's premises, the enforcement officer should seek a warrant prior to entering onto an animal owner's premises. C. Injury or death of animal The failure to:I) provide humane care to a seized animal; 2) maintain adequate records; or 3) wait and provide notice and the opportunity for a hearing before the disposition of an animal may be punishable as misdemeanor. A pet owner may also file a civil law tort action against the City if the City has harmed or killed the pet. Damages for negligence claims regarding injuries or death to an animal are limited to the fair market value of the property 9 Thus, in theory at least, the potential recovery by a pet owner is minimal. However, pet owners, who view their pet as a family member often seek damages beyond fair market value. Damages have been sought under U.S.C. §1983; including punitive damages and money damages for pain, suffering or emotional distress. Other states have allowed the pet owner to recover on these types of claims, recognizing that the pet owner held a special relationship with his/her pet 92 In Minnesota, however, it is questionable whether a pet owner would be entitled to such remedies 93 While modern courts recognize the special role pets have within the family unit, pets are nonetheless property and fair market value continues to be the limit on damages 9 Even if the court were to recognize such damages, it is generally difficult to succeed with a negligent or intentional infliction of emotional distress claim. To be successful the plaintiff must show: • the conduct was extreme and outrageous; • the conduct was intentional or reckless; • the conduct caused emotional distress; and • the distress was severe 95 The emotional distress suffered must have physical manifestations in addition to being severe9 Therefore, emotional distress felt by one who has lost a pet would probably not rise to the level of severity required by case law. a vTtaciva nroainmorrAOOA4n'/JGLCO xPo 67 Cw) ^Y^ tap. of MwNIS Gln C 1799 • APPENDIX OF MINNESOTA LAWS Chapter 18 - Pest Control This chapter empowers counties, cities or towns to appropriate money for the control of destructive or nuisance animals. Destructive or nuisance animals include such animals as rats, gophers, mice and other unprotected wild animals. Chapter 19 - Apiaries The commissioner may destroy bees found to be a public nuisance after giving notice to the owner /operator without any remuneration to the owner. Chapter 31 - Food This chapter requires the humane slaughter of livestock. Failure to do so results in a misdemeanor. Chapter 35 - Animal Health This chapter provides for the appointment, power and duties of the Board of Animal Health. The Board is authorized by this chapter to maintain quarantines, issue rabies proclamations and destroy diseased animals upon inspection. Section 35.69 prohibits unmuzzled dogs from running at large during period of rabies proclamations. This chapter also provides civil and criminal penalties for violations of the chapter. Chapter 343 - Prevention of Cruelty This chapter defines the purposes and powers of state and local humane societies. The chapter also defines forms or methods of cruelty to animals including overworking or mistreating animals, inhumane transportation of animals, docking horses, clipping animals then leaving them without shelter for the winter months, poisoning animals, and promoting, encouraging or permitting any kind of animal fighting. A person guilty of cruelty to animals can be found guilty of a misdemeanor or gross misdemeanor. Chapter 346 - Stray Animals; Companion Animals Chapter 346 authorizes the poundmaster to keep stray animals and sell such animals as necessary to pay for damages or fees upon giving notice. The chapter prohibits herding animals from running at large. Owners will be liable for treble damages for knowingly permitting such animals to run at large. Section 346.35 establishes the Pet and Companion Animal Welfare Act. The act generally requires animals to be sufficiently fed, provided clean water, given adequate shelter and exercise and otherwise properly birds and cared The Act covers equine (horses, ponies, mules and burros), dogs and cats, p animals taken as pets. Chapter 347 - Dogs & Cats This chapter specifically provides for the destruction of dogs that have chased, injured or worried livestock or poultry. It also defines dogs acting as a public nuisance and provides for the destruction of dogs found to be a public nuisance uponhotice, hearing and a judgment finding the dog to be a public nuisance. Chapter 347 authorizes counties, towns or cities to issue do g licenses and requires kennels to obtain a license from the Board of Animal Health. CoO,n(N Lap[ of Mimmu Citta C 19'49 GACLOSllII . 9 ' A19v14'OF/JINO1Fd�AVNLIIICCO 1PP0 68 Finally, the chapter defines "dangerous dogs ", requires the registration of such dogs and authorizes cities and counties to regulate "dangerous dogs" including by means of seizing such dogs that are not properly registered or enclosed. Chapter 561 - Nuisance, Trespass, Waste; Damages Chapter 561 empowers every sheriff and police officer to impound any livestock or domestic fowl running at large or trespassing upon public property or private land. It also holds owners of trespassing animals liable for treble damages. Chapter 609 - Criminal Code Section 609.294 prohibits bestiality. Section 609.596 makes it a felony to intentionally cause the death of a police or arson dog and a gross misdemeanor to intentionally cause substantial or great bodily harm to a police or arson dog while the dog is involved in law, fire or correctional enforcement, investigation or apprehension. Under Sections 609.205 and 609.2665, it is manslaughter in the second degree for a death of a person or unborn child resulting from one allowing any animal known to have vicious propensities or known to have caused great or substantial bodily harm in the past to run uncontrolled or not be properly confined. 6 . watiwicen:.n oeu'iMOrE800.. eALCOWIn 69 eevrnw Low. .fMv,ou Clue 0 Q 9.9 M r 145 University Avenue West, St. Paul, Minnesota 5510/2044 I 4M- Phone: (651) 281 -1200 • (800) 925 -1122 G. , tM -" o '�' Fax: (651) 281 -1298 • TDD (651) 281 -1290 MODEL ANIMAL ORDINANCE This is a sample ordinance for guideline purposes only. Please consult your city attorney when developing your own ordinance. Section 100 - Animals 100.01 Definitions. As used in this Section, unless the context otherwise indicates, the following words shall be defined to mean: Subd. 1 Animal. "Animal" shall mean any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. Animals shall be classified as follows: A. Domestic. "Domestic animals" shall mean those animals commonly accepted as domesticated household pets. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non - poisonous, non - venomous and non - constricting reptiles or amphibians, and other similar animals. B. Non - Domestic. "Non- Domestic animals" shall mean those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, such animals shall include: (1) Any member of the large cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats. (2) Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs. (3) Any crossbreeds such as the crossbreed between a wolf and a dog, 70 unless the crossbreed is commonly accepted as a domesticated house pet. (4) Any member or relative of the rodent family including any skunk (whether or not descented), raccoon, squirrel, or ferret, but excluding those members otherwise defined or commonly accepted as domesticated pets. (5) Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators. (6) Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this subpart, including but not limited to bears, deer, monkeys and game fish. C. Farm. "Faun animals" shall mean those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese pot - bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. Subd. 2 Cat. "Cat" shall be intended to mean both the male and female of the felidae species commonly accepted as domesticated household pets. Subd. 3 Dog. "Dog" shall be intended to mean both the male and female of the canine species, commonly accepted as domesticated household pets, and other domesticated animals of a dog kind. Subd. 4 Owner. "Owner" shall be intended to mean any person or persons, firm, association or corporation owning, keeping, or harboring an animal. Subd. 5 At Large. "At Large ". shall be intended to mean off the premises of the owner and not under the custody and control of the owner or other person, either by leash, cord, chain, or otherwise restrained or confined. Subd. 6 Release Permit. "Release Permit" shall mean a permit issued by the Police Department for the release of any animal that has been taken to the pound. A release permit may be obtained upon payment of a fee in accordance with that regular license requirement if the animal is unlicensed, payment of a release fee, and any maintenance costs incurred in capturing and impounding the animal. The release fee shall be twenty - five dollars ($25.00) the first time an animal is impounded, fifty dollars ($50.00) the second time it is impounded, and seventy -five dollars ($75.00) for the third and each subsequent time the same animal is impounded. For the purpose of a release permit, any change in the registered ownership of an animal subsequent to its impoundment and 71 release shall reset that animal's impoundment count to the beginning of the fee scale. 100.02 Dogs and Cats. Subd. 1 Running at Large Prohibited. It shall be unlawful for any person who owns, harbors, or keeps a dog or cat, or the parents or the guardians of any such person under 18 years of age, to allow such dog or cat to run at large. Dogs or cats on a Leash and accompanied by a responsible person or accompanied by and under the control and direction of a responsible person so as to be effectively restrained by command as by leash, shall be permitted in streets or on public land unless the City has posted an area with signs reading "Dogs or Cats Prohibited." Subd. 2 License Required. A. All dogs over the age of six months kept, harbored, or maintained by their owners in the City, shall be licensed and registered with the City. Dog licenses shall be issued by the Clerk- Treasurer upon payment of the license fee. The license shall be valid for one year. The owner shall state, at the time application is made for the license and upon forms provided for such purpose, his or her name and address and the name, breed, color, and sex of each dog owned or kept by him or her. No license shall be granted for a dog which has not been vaccinated against distemper and rabies, as provided in this Section. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. A veterinarian who vaccinates a dog to be licensed in the City shall complete a certificate of vaccination. One copy shall be issued to the dog owner for affixing to the license application. B. It shall be the duty of each owner of a dog subject to this Section to pay to the Clerk- Treasurer the license fee as imposed by the Council by resolution. C. Upon payment of the license fee, the Clerk- Treasurer shall issue to the owner a license certificate and metallic tag for each dog licensed. The tag shall have stamped on it the year for which it is issued and the number corresponding with the number on the certificate. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate shall be issued by the Clerk- Treasurer. A charge of two dollars (32.00) shall be made for each duplicate tag. Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee or tag because of death of a dog or the owner's leaving the City before the expiration of the license period. D. The licensing provisions of this Subdivision shall not apply to dogs whose owners are non - residents temporarily within the City, nor to dogs brought into the 72 City for the purpose of participating in any dog show, nor shall this provision apply to "seeing eye" dogs properly trained to assist blind persons for the purpose of aiding them in going from place to place. E. The funds received by the Clerk- Treasurer from all dog licenses and metallic tags fees shall first be used to defray any costs incidental to the enforcement of this Section; including, but not restricted to, the costs of licenses, metallic tags, and impounding and maintenance of the dogs. Subd. 3 Cats. Cats shall be included as controlled by this sub - section insofar as running -at- large, pickup, impounding, boarding, licensing and proof of anti - rabies vaccine is concerned. All other provisions of this Section shall also apply to cats unless otherwise provided. Subd. 4 Vaccination. A. All dogs and cats kept harbored, maintained, or transported within the City shall be vaccinated at least once every three years by a licensed veterinarian for: 1. Rabies - with a live modified vaccine; and 2. Distemper B. A certificate of vaccination must be kept on which is stated the date of vaccination, owner's name and address, the animal's name (if applicable), sex, description and weight, the type of vaccine, and the veterinarian's signature. Upon demand made by the Clerk - Treasurer or a police officer, the owner shall present for examination the required certificate(s) of vaccination for the animal(s). In cases where certificates are not presented, the owner or keeper of the animal(s) shall have seven days in which to present the certificate(s) to the Clerk - Treasurer or police officer. Failure to do so shall be deemed a violation of this Section. Subd. 5. Penalty. A fifty dollar ($50.00) fine shall be imposed on the owner of any animal found unlicensed in violation of this sub - section. 100. 03 Non - Domestic Animals. It shall be illegal for any person to own, possess, harbor, or offer for sale, any non - domestic animal within the City limits. Any owner of such an animal at the time of adoption of this Code shall have thirty days in which to remove the animal from the City after which time the City may impound the animal as provided for in this Section. An exception shall be made to this prohibition for animals specifically trained for and actually providing assistance to the handicapped or disabled, and for those animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. 73 100.04 Farm Animals. Farm animals shall only be kept in an agricultural district of the City, or on a residential lot of at least ten (10) acres in size provided that no animal shelter shall be within three hundred (300) feet of an adjoining piece of property. An exception shall be made to this subsection for those animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a Licensed show or exhibition. 100.05 Impounding. Subd. 1 Running at Large. Any unlicensed animal running at large is hereby declared a public nuisance. Any police officer may impound any dog or other animal found unlicensed or any animal found running at large and shall give notice of the impounding to the owner of such dog or other animal, if known. In case the owner is unknown, the officer shall post notice at the City office that if the dog or other animal is not claimed within five regular business days of the posting of the notice, it will be sold or otherwise disposed of. Except as otherwise provided in this Section, it shall be unlawful to kill. destroy, or otherwise cause injury to any animal, including dogs and cats running at large. Subd. 2 Biting Animals. Any animal that has not been inoculated by a live modified rabies vaccine and which has bitten any person, wherein the sldn has been punctured or the services of a doctor are required, shall be confined in the City Pound for a period of not less than ten days, at the expense of the owner. The animal may be released at the end of such time if healthy and free from symptoms of rabies, and by the payment of all costs by the owner. However, if the owner of the animal shall elect immediately upon receipt of notice of need for such confinement by the officer to voluntarily and immediately confine the animal for the required period of time in a veterinary hospital of the owner's choosing, not outside of County, and provide immediate proof of such confinement in such manner as may be required, the owner may do so. If, however, the animal has been inoculated with a live modified rabies vaccine and the owner has proof of the vaccination by a certificate from a licensed veterinarian, the owner may confine the dog or other animal to the owner's property. Subd. 3 Reclaiming. All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least ten regular business days, unless sooner reclaimed by their owners or keepers as provided by this Section. In case the owner or keeper shall desire to reclaim the animal from the pound, the following shall be required, unless otherwise provided for in this code: A. Payment of a twenty -five dollar ($25.00) release fee and receipt of a release permit from the police; B. Payment of maintenance costs, as provided by the pound, per day or any part of day while animal is in said pound; and • C. If a dog is unlicensed, payment of a regular license fee and valid certificate of vaccination for rabies and distemper shots is required. 74 Subd. 4 Unclaimed Animals. At the expiration of ten regular business days from the time any animal is impounded, if the animal has not been reclaimed in accordance with the provisions of this Section, the officer appointed to enforce this Section may let any person claim the animal by complying with all provisions in this Section, or the officer may sell the animal to the University of Minnesota, or cause the animal to be painlessly killed and shall properly dispose of the remains thereof. Any monies collected under this Section shall be payable to the Clerk- Treasurer. 100.06 Kennels. Subd. 1 Definition of Kennel. The keeping of three or more dogs on the same premises, whether owned by the same person or not and for whatever purpose kept, shall constitute a "kennel;" except that a fresh litter of pups may be kept for a period of three months before such keeping shall be deemed to be a "kennel." Subd. 2 Kennel as a Nuisance. Because the keeping of three or more dogs on the same premises is subject to great abuse, causing discomfort to persons in the area by way of smell, noise, hazard, and general aesthetic depreciation, the keeping of three or more dogs on the premises is hereby declared to be a nuisance and no person shall keep or maintain a kennel within the City. 100.07 Nuisances. Subd. 1 Habitual Barking. It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries. Habitual barking shall be defined as barking for repeated intervals of at least five minutes with less than one minute of interruption. Such barking must also be audible off of the owner's or caretaker's premises. Subd. 2 Damage to Property. It shall be unlawful for any owner to permit his/her dog or other animal to damage any Lawn, garden, or other property. Any animal covered by this subdivision may be impounded as provided in this Section or a complaint may be issued by anyone aggrieved by an animal under this Section, against the owner of the animal for prosecution under this Section. Subd. 3 Cleaning up litter. The owner of any animal or person having the custody or control of any animal shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner whether on their own property, on the property of others or on public property. Any person violating this section shall be punishable by a fine of ten dollars ($10.00) or five (5) hours of public lands fecal clean- up. Any person who is found guilty of subsequent violations of this section shall be punished by a fine of at least twenty -five dollars ($25.00) but not more than fifty dollars ($50.00). 75 Subd. 4 Other. Any animals kept contrary to this Section are hereby declared a public nuisance and may be abated according to the law. 100.08 Seizure of Animals. Any police officer or animal control officer may enter upon private property and seize any animal provided that following exist: (a) There is an identified complainant other than the police officer or animal control officer making a contemporaneous complaint about the animal; (b) The officer reasonably believes that the animal meets either the barking dog criteria set out in 100.07, subd. 1; the criteria for cruelty set out in 100.13; or the criteria for an at large animal set out in 100.01 subd. 5; (c) the officer can demonstrate that there has been at least one previous complaint of a barking dog; inhumane treatment of the animal; or that the animal was at large at this address on a prior date; (d) The officer has made a reasonable attempt to contact the owner of the property and those attempts have either failed or have been ignored; (e) The seizure will not involve the forced entry into a private residence. Use of a pass key obtained from a property manager, landlord, innkeeper, or other authorized person to have such key shall not be considered unauthorized entry; (f) No other less intrusive means is available to stop either the barking dog, the inhumane treatment of the animal; or the at large animal; and (g) Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the dog is not possible. 100.09 Animals Presenting a Danger to Health and Safety of City. If, in the reasonable belief of any person or police officer an animal presents an immediate danger to the health and safety of any person, the officer may painlessly kill the animal. Otherwise the person or officer may apprehend the animal and deliver it to the pound for confinement. In such a case, the owner or keeper of the animal shall be liable for the cost of maintenance provided, and if the animal is destroyed, a charge of ($75.00) to dispose of the animal. If the animal is found not to be a danger to the health and safety of the City, it may be released to the owner or keeper in accordance with this Section. The animal may be released to other persons in accordance with this Section. 100.10 Diseased Animals. Subd. 1 Running at Large. No person shall keep or allow to be kept on his or her premises, or on premises occupied by them, nor permit to run at Large in the City, any animal which is diseased so as to be a danger to the health and safety of the City, even :hough the animal be properly licensed under this Section. Subd. 2 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 in the pound by any person or police officer. The police officer shall have a qualified veterinarian examine the animal. If the animal is found to be diseased in such a manner so as to be a danger to the health and safety of the City, the officer shall cause 76 1' property in an a sidewalks, or any public prop rty apparent attitude of attack; or c. Has the known history of propensity, tendency or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (3) Proper enclosure. Proper enclosure means 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. Such enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications: a. Have a minimum overall floor size of thirty -two (32) square feet. b. Sidewalls shall have a minimum height of five (5) feet and be constructed of 11 -gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one - and - one - quarter -inch or larger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of eighteen (18) inches in the ground. c. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two (2) inches. d. An entrance /exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two (2) inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. (4) Unprovoked. Unprovoked shall mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed. (d) Designation as potentially dangerous animal. The court or environmental health officer shall designate any animal as a potentially dangerous animal upon receiving such evidence that such potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic animal as stated in subparagraph (c)(2). When an animal is declared potentially dangerous, the environmental health officer shall cause one (1) owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. 78 such animal to be painlessly killed and shall properly dispose of the remains. The owner or keeper of the animal killed under this Section shall be liable for a fine of seventy -five dollars ($75.00) to cover the cost of maintaining and disposing of the animal, plus the costs of any veterinarian examinations. Subd. 3 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 or keeper free of charge. 100.11 Dangerous Animals. (a) Attack by an animal. It shall be unlawful for an owner to fail to restrain an animal from inflicting or attempting to inflict bodily injury to any person or other animal whether or not the owner is present. Violation of this section shall be a misdemeanor punishable by a fine not to exceed seven hundred dollars ($700.00) or imprisonment for not to exceed ninety (90) days, or both. 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 with criminal intent. (b) Destruction of dangerous animal. The animal control officer shall have the authority to order the destruction of dangerous animals in accordance with the terms established by this ordinance. (c) Definitions. (1) A dangerous animal is an animal which has: a. Caused bodily injury or disfigurement to any person on public or private property; or b. Engaged in any attack on any person under circumstances which would indicate danger to personal safety; or c. Exhibited unusually aggressive behavior, such as an attack on another animal; or d. Bitten one (1) or more persons on two (2) or more occasions; or e. Been found to be potentially dangerous and/or the owner has personal knowledge of the same, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. (2) A potentially dangerous animal is an animal which has: a. Bitten a human or a domestic animal on public or private property; or b. When unprovoked, chased or approached a person upon the streets, 77 (e) Evidence justifying designation. The court or environmental health officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following: (1) That such animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). (2) That such animal has been declared potentially dangerous and such animal has then bitten, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). (f) Authority to order destruction. The court or animal control officer, upon finding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one (1) or more of the following findings of fact: (1) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or (2) 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. (g) Procedure. The court or animal control officer, after having determined that an animal is dangerous, may proceed in the following manner: (1) The animal control officer shall cause one (1) owner of the animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make such orders as deemed proper. This owner shall be notified as to dates, times, places and parties bitten, and shall be given fourteen (14) days to appeal this order by requesting a hearing before the animal control officer for a review of this determination. . a. If no appeal is filed, the orders issued will stand or the animal control officer may order the animal destroyed. b. If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the animal control officer, who shall set a date for hearing not more than three (3) weeks after demand for said hearing. The records of the animal control or city clerk's office shall be admissible for consideration by the animal control officer without further foundation. After considering all evidence pertaining to the temperament of the animal, the animal control officer shall make such order as he /she deems proper. The animal control officer may order that the animal control supervisor take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into 79 custody for destruction, the owner shall immediately make the animal available to the animal control supervisor and failure to do so shall be a misdemeanor. c. Any person who harbors an animal after it has been found by the animal control officer to be dangerous and ordered into custody for destruction shall be guilty of a misdemeanor. (h) 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 the victim. (i) Notification of new address. The owner of an animal which has been identified as dangerous or potentially dangerous must notify the animal control officer in writing if the animal is to be relocated from its current address or given or sold to another person. The notification must be given in writing at least fourteen (14) days prior to the relocation or transfer of ownership. The notification must include the current owner's name and address, the relocation address, and the name of the new owner, if any. 100.12 Dangerous animal requirements. (a) Requirements. If the court or environmental health officer does not order the destruction of an animal that has been declared dangerous, the court or animal control officer shall, as an alternative, order any or all of the following: (1) That the owner provide and maintain a proper enclosure for the dangerous animal as specified in section 100.11(c)(3); (2) 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 as specified in Minnesota Statute 347.51; (3) Provide and show proof annually of public liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00); (4) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed six (6) feet in length) and under the physical restraint of a person sixteen (16) years of age or older. The muzzle must be of such 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; (5) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in Minnesota Statute 347.51; 80 (6) Provides and shows proof of microchip identification as required in section 200.16; (7) All animals deemed dangerous by the animal control officer shall be registered with [provide name of county wherein your city lies] County within fourteen (14) days after the date the animal was so deemed and provide satisfactory proof thereof to the animal control officer. (8) If the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccination. (b) Seizure. Animal control shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within fourteen (14) days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to district court. (c) Reclaiming animals. A dangerous animal seized under subsection I00.12(b) may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to animal control that each of the requirements under subsection 100.12(b) is fulfilled. An animal not reclaimed under this section within fourteen (14) days may be disposed of as provided under section 100.11(0, and the owner is liable to animal control for costs incurred in confining the animal. (d) Subsequent offenses. If an owner of an animal has subsequently violated the provisions under section 100.11 with the same animal, the animal must be seized by animal control. The owner may request a hearing as defined in section 100.11(0. If the owner is found to have violated the provisions for which the animal was seized, the animal control officer shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of subsection 100.12(c). If the animal is not yet reclaimed by the owner within fourteen (14) days after the date the owner is notified that the animal may be reclaimed, the animal may be disposed of as provided under section 100.11(0 and the owner is liable to the animal control for the costs incurred in confining, impounding and disposing of the animal. 100.13 Basic Care. All animals shall receive from their owners or keepers kind treatment, housing in the winter, and sufficient food and water for their comfort. Any person not treating their pet in such a humane manner will be subject to the penalties provided in this Section. 100.14 Breeding Moratorium. Every female dog or female cat in heat shall be confined in a building or other enclosure in such manner that it cannot come in contact with another dog or cat except for planned breeding. Upon capture and failure to reclaim the animal, every dog or cat 81 shall be neutered or spayed prior to being transferred to a new owner. 100.15 Enforcing Officer. The Council is hereby authorized to appoint any police officer(s) to enforce the provisions of this Section. In the officer's duty of enforcing the provisions of this Section, he or she may from time to time, with the consent of the Council, designate certain assistants. 100.16 Pound. Every year the Council shall designate an official pound to which animals found in violation of this chapter shall be taken for safe treatment, and if necessary, for destruction. 100.17 Interference with Officers. No person shall in any manner molest, hinder, or interfere with any person authorized by the Council to capture dogs, cats or other animals and convey them to the pound while engaged in such operation. Nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt to take from any agent any animal taken up by him or her in compliance with this Section, or in any other manner to interfere with or hinder such officer in the discharge of his or her duties under this Section. 100.18 Violations and Penalties. Subd. 1 Separate Offenses. Each day a violation of this Chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this Section. Subd. 2 Misdemeanor. Violation of this Section shall constitute a misdemeanor. 82 ORDINANCE #24 • AN ORDINANCE PRESCRIBING REGULATIONS FOR CONFINEMENT, LICENSING AND CARE OF DOGS The City Council of the City of Centerville does hereby ordain: SECTION I. DEFINITION. As used in this chapter "owner" means any person keeping a dog. "At large" means off the premises of the owner and not under the control of the owner, a member of his immediate family, or a person designated by the owner, and in the case of a dog, by a leash, cord or chain not more than 10 feet in length. A dog under control solely by means of command or signal shall be considered under control, only if in the presence of the owner or some other person of suitable age and discretion and on the owner's premises, or the premise of another who has given consent to the owner. SECTION II. Confinement of Dogs. No dog shall be allowed by its owner to run at large, and every dog in heat shall be confined during such entire period and until such dog shall not attract other dogs in account thereof. SECTION III. Certain Animals Declared Nuisances. No person shall keep or allow to be kept any dog, cat, or other animal which shall by any noise, disturb the peace and quiet of any other person. No person shall keep within the City limits a dog or cat, or other animals which habitually barks or cries for extended or unreasonable periods of time, and any such animal which damages plantings or structures, or deposits fecal matter on private property of others, after the person owning or harboring the animal has been notified of such acts as herein provided is hereby declared to be a nuisance. Any person aggrieved by an animal nuisance may make a written complaint to the Police Department, or such other persons designated by the Mayor, stating the acts complained of, the name and address of the owner of the animal, and the name and address of the person making the complaint. The Police Department shall then promptly notify the person owning or keeping the animal and shall order the nuisance abated within 5 days. If such animal nuisance is not abated within that time, a charge may be made against the owner or keeper of the animal and any person found to have violated the provisions of this section shall be guilty of a misdemeanor. SECTION IV. License Required. All dogs kept or maintained by their owner within the corporate limits of the City of Centerville shall be licensed and registered if over six months of age. Dog licenses shall be issued by the City, upon payment of a fee of /r ,x%7..(10 for each dog, whether it be male or female, spayed or unspayed. Such license shall continue in force for the life of the animal provided that the owner shows proof every two years that the dog has shots within that period and provided that the address of the owner remains the same. A certificate of vaccination authorized by a licensed veterinarian for rabies shots must be presented at the time of licensing and within every two year anniversary date there- after. -2- SECTION V. A. Issuance of Tags. Upon the payment of the license fee and presentation of a rabies vaccination certificate the City shall issue a license tag to the owner. Duplicate tags may be issued for $1.00 in replacement of a lost tag. Dog tags shall not be transferred from one dog to another and no refunds shall be made for any dog license fee. B. Affixing Tags. Every owner of a dog required to be licensed is required to provide such dog with a collar to which the license and vaccination tags must be affixed and the collar with tags attached must be worn by such dog at all times. SECTION VI. Records. The City shall keen a record of all dog licenses issued with the name, address and phone number of the person to whom issued and name, age, description of the dog and dates of rabies vaccinations. SECTION VII. A. Impounding. Any dog found running at large or any dog found without valid tags displayed shall be seized and may be impounded. All dogs impounded shall be kept for at least five days, unless sooner reclaimed by the owner or returned to the owner. B. Redemption. Any dog may be redeemed from the pound by the owner upon the payment of impoundment fee for each day of impoundment and if the owner has a current license attached to the animal and proof of rabies vaccination is presented. Said fee shall be set by City Council and reviewed periodically and kept on record with the City Clerk and Poundmaster. C. Permissible Return of Unrestrained Doz. Notwith- standing the provisions of paragraph A, if a licensed animal is found unrestrained 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 ordinance. D. Disposition of Unclaimed Does. Any dog which is not claimed within five days after impounding may be sold, for not less than the amount provided in paragraph B to anyone desiring to purchase the dog, unless said dog is requested by a licensed educa- tion scientific institution under Minnesota Statute Section 35.71. All such funds shall be paid to the City of Centerville and placed in the General Fund. Any dog which is not claimed by the owner or sold shall be humanely destroyed. SECTION VIII. Establishment of Pound. A City pound is established which shall be at such location, either within or without the City, as the Council by resolution shall designate. A poundmaster shall be appointed by the Council who shall attend to the maintenance of such Hound and he shall file a monthly report with the Council relating to the operation of such pound. The pound shall be main- ' tained in a clean and orderly manner and subject to periodic inspection by the City Health Officer. 73CTION IX. Muzzling. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keening a dog to confine it securely on his premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any dog running at large during the time fixed in the proclamation may be destroyed by the nolice without notice to the owner. SECTION X. Vicious Animals. Whenever the Chief of Police or City Health Officer determines that any dog, cat or other animal has bitten any person, such animal shall be deemed to be vicious for the purpose of this section. Such animal may be impounded in the City pound for a period of ten days or more at the expense of the owner of said animal. Except for the time limit, disposition and redemp- tion shall be in accordance with paragraphs B and D of Section VII. The quarantine required by this section shall not be necessary and the requirements shall be waived whenever the owner of such dog or animal, immediately upon receipt of the notice referred to above presents to the Centerville Police the certificate of an authorized veterinarian that the dog or animal was vaccinated for rabies on a date less than one year prior to the date of such notice. SECTION XI. Summary Destruction of Certain Dogs. Whenever an officer has reasonable cause to believe that a particular dog presents a clear and immediate danger to residents of the City becau =e it is infected with rabies or because of a clearly demon- strated vicious nature, the officer after making reasonable attempts to impound such dog, may summarily destroy said dog. SECTION XII. Kennels. No person shall keep more than two dogs over six .months old without obtaining a kennel license. The kennel license is required in addition to the individual dog licenses. The City Council shall issue a kennel license upon the following conditions which shall be agreed to by the licensee: 1. Payment of an annual kennel license fee in the amount of 525.00. Kennel licenses shall expire on December 31 of each year and must be renewed. 2. Kennels and the premises used therefore shall be kept in a clean, quiet, orderly and sanitary condition, so as not to constitute a nuisance as defined in Minnesota Statute 561.01. In determining whether a nuisance exists, consideration shall be given to the kennel's location, location of other residents and the general character of the neighborhood. 3. All such dogs in excess of two shall be at all times confined in a building or enclosure or under control by a leash or otherwise under control. L. Compliance with provisions of the City Zoning Code. li • r any A shall "CTIQ ^r . {:II. Cleanup. The owner of a..J dog or other animal clean up all feces of the animal and r'ispose of such feces in a sanitary manner. SECTION 7.IV. Owner obligation for Proper Care.. No owner shall fail to provide any animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. No person shall beat, treat cruelly, torment or other - wise abuse any animal or cause or permit any dog fight. No owner shall abandon any animal. SECTION XV. Penalty Any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars (1300.00) or by imprisonment not to exceed ninety (90) days. SECTION XVI. Repealer. All ordinances or parts of ordinances in conflict herewith are repealed. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the City Council of the City of Centerville, this 28th • day of January, 1976. TY OF � CENT I E / RV 5JLE 'L /( � e- c� fat tt- MAYOR ATTE'S -T:,� gLERK- TREASURER • CITY OF CENTERVILLE ORDINANCE NO 24 -A CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE TO PROTECT AND PRESERVE THE PUBLIC HEALTH BY REGULATING THE KEEPING OF ANIMALS AND FOWL WITHIN THE CITY AND PROVIDING A PENALTY FOR VIOLATION THEREOF. THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION I. INTENT Subdivision 1.10 To define guidelines for keeping of animals on parcels of land located within the City of Centerville and less than ten (10) acres in size. Subdivisin 1.20 -- To facilitate distribution of animals within this City in such a manner as to prevent coincident and concurrent high- density populations of both residents and animals within the same geographical area by permitting animals, except swine, to be kept on parcels of land containing - less than ten (10) acres but a minimum of two and a half (22) acres located within the boundaries of areas designated as Rural Residential (RR) or Expansion Residential (ER) on the current Centerville Use Plan or zoning map. Subdivision 1.30 To minimize the risk of nuisances described herein and outlined in Section III even under proper management and animal husbandry practices by a) Limiting the total number of animals to 1.0 animal unit per two (2) acres based on the total grazeable acreage of the parcel. b) Providing animal- specific nuisance guidelines. SECTION II. DEFINITIONS When used in this ordinance, the following terms shall be assigned the following meanings: Subdivision 2.10 Animals: Shall mean and include horses, mules, donkeys, cattle, sheep, swine, rabbits, skunks, foxes, racoons, mink, and other similar animal beings which are endowed with the power of voluntary motion. Subdivision 2.20 Fowl: Shall mean and include all birds of any kind, including poultry, turkeys, chickens, ducks, geese, pigeons, gallinaceous birds, and other similar birds. Subdivision 2.30 Household Pets: Shall mean and include those animals and fowl ordinarily kept as pets, such as dogs, cats, skunks, rabbits, racoons, and similar animals, such as canaries, chickens, ducks, pigeons, and similar birds, but shall not include horses, mules, donkeys, cattle, sheep, goats, or swine. Subdivision 2.40 Rural Residential (RR) and Expansion Residential (ER): Shall mean designations applied to land within the City of Centerville as described and illustrated on the current Centerville Land Use Plan or zoning map. Subdivision 2.50 Parcel of Land: Shall mean a piece of contiguous real property under one title, and that the size of said real property be at least 2.5 acres upon which is constructed no more than one (1) residence or dwelling. Subdivision 2.60 Animal Unit: Shall mean a unit of measure to compare differences in the production of animal wastes and which has as a standard the amount of waste produced on a regular basis be a slaughter steer or heifer. for the purposes of this ordinance, the following equivalents apply: Species or Type Animal Units of Animal per Single Animal 1) Slaughter Steer or Heifer 1.00 1) Horse 1.00 1) Pony 0.40 1) Mature Dairy Cow 1.40 1) Sheep 0.10 1) Goat 0.10 1) Turkey 0.018 1) Chicken 0.01 1) Duck 0.01 1) Rabbit 0.05 1) Goose 0.02 Subdivision 2.70 Grazable Acres: Shall mean open acreage currently providing enough pasture or agricultural crops capable of supporting summer grazing at a density of one animal unit or its equivalent per two acres. Subdivision 2.80 Animals at Large: Animals not on premises of or under direct control of their owner(s). SECTION III NUISANCE Subdivision 3.10 Except as hereinafter provided, it shall be unlawful for any person, firm or corporation to keep or harbor animals or fowl in this City or permit the same to be done upon premises owned, occupied, or controlled by him, except upon a parcel of land containing ten (10) acres or more. This prohibition shall not apply to cats, dogs, or fowl kept as household pets. Subdivision 3.20 Animals with contagious disease of any kind shall be . securely confined on the premises of their owner or harborer and shall not be permitted to approach within fifty (50) feet of any public roadway or any place where animals belonging to or harbored by another person are confined or kept. Subdivision 3.30 No person shall suffer or allow any animal or fowl to disturb the peace and quiet of the City or to otherwise become a public nuisance so as to annoy, injure, or endanger the health, safety, comfort, or repose of the public or as may be in any way render the inhabitants of the City of Centerville, or a considerable number thereof, insecure in life or in use of property, or allow any animal to be a nuisance as described in Section 3.50 through 3.80. Subdivision 3.40 Complaints regarding violations of the nuisance provision of this ordinance may be filed with the Police Department. a) Any person aggrieved by an animal nuisance may make a written complaint to the Police Department, or such other persons designated by the Mayor, stating the acts complained of, the name and address of the owner of the animal, and the name and address of the person making the complaint. b) The Police Department shall then promptly notify the person owning or keeping the animal and shall order the nuisance abated within 5 days. c) If such animal nuisance is not abated within that time, a charge may be made against the owner or keeper of the animal and any person found to have violated the provisions of this section shall be guilty of a misdemeanor. Subdivision 3.50 Trepassing while astride, driving, or leading an animal is specifically prohibited by State of Minnesota Statute 609.605, Subdivision 5. Subdivision 3.60 Animal(s) at large is specifically prohibited by State of Minnesota Statute 609.605, Subdivision 3. Further, persons permitting animals to habitually run at large will upon conviction, be subject to provision of Section IV of this ordinance. Subdivision 3.70 Animal Waste. Animal husbandry and management practices shall be performed in such a manner that structures in which animals are housed and land containing animals: a) Shall be maintained in a clean and sanitary manner; b) Shall be free of excessive accumulation of animal wastes; c) Shall not provide an attractive breeding site for flies; d) Shall not cause excessive emmision of animal waste odors; Subdivision 3.80 Further, animal wastes shall be disposed of by removal from the premises or by tilling into the soil at regular intervals. SECTION IV. PENALTIES FOR NONCOMPLIANCE Subdivision 4.10 Any person, firm, or corporation violating any of the provisions of this ordinance shall, upon conviction thereof, be deemed guilty of a misdemeanor as defined by state law. SECTION V. CONTINUOUS, PRE- EXISTING AND NON - CONFORMING USE. Subdivision 5.10 Any continuous, pre - existing and non - conforming uses that were in existence prior to enactment of this ordinance shall be exempt from this ordinance, except as nuisance violations contained herein shall apply. Exemption from this ordinance is contingent upon compliance with all of the following provisions: Subdivision 5.20 Said use has been and will remain continuous since its origination; Subdivision 5.30 That any interruption in said use must not exceed twelve (12) calendar months in length; Subdivision 5.40 That the original acreage shall remain intact and shall not be reduced by any cause, including sale of inclusive real property or expiration of lease to said property; Subdivision 5.50 That said use shall not be intensified in terms of either numbers of animals or additional species of animals. SECTION VI. VARIANCES The City Council shall have the power to authorize variances from this ordinance. The Council may not permit as a variance any use that is not permitted under this ordinance for the property in the district where the affected person's land is located. Subdivision 6.10 Action By The Planning Commission: An application for a variance may be filed by the owner of the affected property at any time. Application for a variance shall be made to the Planning Commission on a form prescribed by the commission and accompanied by such other information as may be required by the commission. The Planning Commission may hold a public hearing on the application no later than forty - five (45) days after the filing of the application. Notice of the hearing shall be mailed not less than ten (10) days before the date of the hearing to each person who filed the request and to each owner of property situated wholly or partly within three hundred fifty (350) feet of the property to which the variance relates insofar as the names and addresses of such owners can be determined by the Clerk from records available to the public. Within a reasonable time after the hearing,__the. commission shall make its decision on the request and make such recommendations on the request to the council as it deems advisable. Subdivision 6.20 Dicision by The Council: Upon receipt:, of the recommendations of the commission, the council shall hold whatever hearings it deems advisable and shall make its decision upon the request to grant the variance. In granting the variance the council may impose conditions which it considers necessary to meet '. the standards of this ordinance and to protect the best interests of the surrounding area and the city as a whole. Violation of any such condition is a violation of this ordinance. Subdivision 6.30 Standards: The Planning Commission shall recommend a variance and the council shall order the issuance of such variance only if it conforms to the following standards: a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and do not result from the actions of the petitioner; b) Literal interpretation of the provisions of this ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; c) Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; d) The proposed variance will not unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, or welfare of the residents of the city. SECTION VII. This ordinance shall take effect and be in force from and after its passage and publication according to law. Passed by the City Council his 25th day of September 1985. MAYOR ATTEST: CLbRK ` t STATE OF MINNESOTA ADOPTION OF ORDINANCE #33 -A FLOOD PLAIN ORDINANCE It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.21 by provisions contained herein. The ordinance regulates statutory authorization, findings of fact, purpose, lands to which the ordinance applies, establishment of official zoning maps, regulatory flood protection elevation, interpretation, abrogation and greater restrictions, warning and disclaimer of liability, severability, definitions, accessory use or structure, basement, conditional use, equal degree of encroachment, flood, flood frequency, flood fringe, flood plain, flood- proofing, floodway, obstruction, principal use or structure, reach, regional flood, regulatory flood protection elevation, structure, variance, districts, compliance, permitted uses, standards for floodway permitted uses, conditional uses, standards for floodway conditional uses, flood fringe permitted uses, standards for flood fringe permitted uses, flood fringe conditional uses, standards for flood fringe conditional uses, storage of materials and equipment in flood fringe, standards for all flood fringe uses, subdivision review criteria, removal of special flood hazard area designation in subdivisions, public utilities, on site sewage treatment and water supply systems, manufactured homes and manufactured home parks and placement of travel trailers and travel vehicles, zoning administrator, permit requirements, board of adjustment, conditional uses, nonconforming uses, penalties for violation, and amendments. A printed copy of this amendment in its entirety is available for inspection by any person at the office of the City Clerk. This summary adopted this 28th day of December, 1988. Mayor , wt /i '///t` ?) Clerk /Admini tr to& termite Established 1857 1694 Sore( Street • Centerville, M21( 55038 • (612)429.3232 CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that public hearing will be held before the City Council of the City of Centerville at the City Hall on Wednesday, March 11, 1992 at 7:00 p.m. The purpose of the hearing will be to hear all persons present regarding the possibility of amending Ordinance #33 -A DISTRICT FLOODPLAIN MANAGEMENT ORDINANCE as follows: Now Reads: Section 9.33 Travel trailers and travel vehicles exempted in Section 9.31 lose this exemption when development occurs on the parcel exceeding dollars for a structural addition to the travel trailer /travel vehicle or an accessory structure such as a garage or storage building. The travel trailer /travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation /flood proofing requirements and the use of land restrictions specified in Sections 4.0 and 5.0 of this Ordinance. Amend to Read: Section 9.33 Travel trailers and travel vehicles exempted in Section 9.31 lose this exemption when development occurs on the parcel exceeding $500.00 dollars for a structural addition to the travel trailer /travel vehicle or an accessory structure such as a garage or storage building. The travel trailer /travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation /flood proofing requirements and the use of land restrictions specified in Sections 4.0 and 5.0 of this Ordinance. Dated: February 11, 1992. j� — /2 Signed: cl(C/1 I'cfi �11in � Tamara M. Mijt1 Mt17�er Clerk /Administrator CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA AMENDMENT TO ORDINANCE # 33 -A This is an Amendment to Ordinance #33 -A District Flood Plain Management Ordinance, Two -Map Format: Add to Section 4.45: (c) Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP -1 or FP -2 flood proofing classifications in the State Building Code. As an alternative an accessory structure may be flood proofed to the FP -3 or FP -4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proof accessory structures must meet the following additional standards as appropriate. (1) The structure must be adequately anchored to prevent floatation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and (2) Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or property flood proofed. Add to Section 7.0 SUBDIVISIONS - subscript 2 as follows: This Section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include necessary flood plain management provisions. Delete from Section 8.2: 2 This Section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include necessary flood plain management provisions. Flood Plain Amendment page two Section 10.35 Decisions. NOW READS: The Board shall arrive at a decision on such appeal or Variance within _ days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. AMEND TO READ: The Board shall arrive at a decision on such appeal or Variance within 45 days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. Passed by the City Council this 24th day of May, 1990. George Haberman, Mayor ATTEST: Tamara M. Miltz- Miller, Clerk /Administrator 4 & y. ORDINANCE #33A DISTRICT FLOOD PLAIN MANAGEMENT ORDINANCE, TWO -MAP FORMAT SECTION 1.0 STATUTORY AUTHORIZATION. FINDINGS OF FACT AND PURE= 1.1 Statutory Aa hnriza. ion: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 104 and M.S. Chapter 462, Section 462.357 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Centerville, Minnesota does ordain as follows: 1.2 Findings of Fact.: 1.21 The flood hazard areas of Centerville, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 1.22 Methods Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. 1.3 Statement of Purpose: It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.21 by provisions contained herein. SECTION 2.0 GENERAL, PROVISIONS 2.1 Lands to Which Or inan e n lies This ordinance shall apply to all lands within the jurisdiction of the City of Centerville shown on the Official Zoning Map and /or the attachments thereto as being located within the boundaries of the Floodway or Flood Fringe Districts. 2.2 Establishment of Official Zoning Map: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the City of Centerville prepared by the Federal Insurance Administration dated June, 1989 and the Flood Boundary and Floodway Map dated December 4, 1989 and Flood Insurance Rate Map dated December 4, 1989 therein. The Official Zoning Map shall be on file in the -1- Office of the City Clerk /Administrator and the County Auditor. 2.3 Retilatory F lood Protection Elevation: The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 2.4 interpretation: 2.41 In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. 2.42 The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100 -year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence. 2.5 Abrogation and Greater Restrictions: It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 2.6 Warning and Di laimer of Liability: This Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of City of Centerville or any officer or employee thereof for any flood damages that result from reliance on this -2- Ordinance or any administrative decision lawfull made thereunder. 2.7 Sev pbili v: If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. - 2.8 Definitions: Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. 2.811 Accessory Use or Structur@ - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2.812 Basement - means any area of a structure, including crawl spaces, having its floor or bvase subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 2.813 Condit D - means a specific type of structure or land use listed in the official control that may be allowed but only after an in- depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (1) certain conditions as detailed in the zoning ordinance exist and (2) the structure and /or land use plan if one exists and are compatible with the existing neighborhood. 2.814 Eaual Degree of Eneroa h ment - a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 2.815 Flood - a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 2.816 Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. 2.817 Flood FrinRe - that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of Centerville. 2.818 Flood Plain - the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 2.819 Flood- Proofing - a combination of structural -3- Fs or adjustments provisions, changes, adjustm to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 2.820 Floodwav - the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. 2.821 Obstuctioa - any dam, wall, wharf, embankment, levee, dike, pile, abuttment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 2.822 Principal e or St ure - means all uses or structures that are not accessory uses or structures. 2.823 Beach - a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man -made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 2.824 Regional Flood - a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. 2.825 R l F od rot n El - The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 2.826 Structure - anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers /vehicles not meeting the exemption criteria specified in Section 9.31 of the ordinance and other similar items. 2.827 Variance - means a modification of a specific permitted development standard required in an official control including this ordinance to allow -4- an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. SECTION 3.0 FSTARLTSHMFNT OF ZONING DISTRICTS 3.1 Districts: 3.11 Flondwav District. The Floodway District shall include those areas designated as floodway on the Flood Boundary and Floodway Map adopted in Section 2.2. 3.12 Flood F Inge Diat ict. The Flood Fringe District shall include those areas designated as floodway fringe on the Flood Boundary and Floodway Map adopted in Section 2.2. 3.2 Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the Floodway and Flood Fringe Districts, all uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: 3.21 New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Ordinance and specifically Section 9.0; 3.22 Modifications, additons, structural alterations or repair after damage to existing nonconforming structures and nonconforming use of structures or land are regulated by the general provisions of this Ordinance and specifically Section 11.0; and 3.23 As -built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Ordinance and specifically as stated in Section 10.0 of this Ordinance. SECTION 4.0 FLOODWAY DI TRICT f Wl 4.1 permitted Uses: 4.11 Giwn=ra1 farming, pasture, grazing, outdoor -5- plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial- commercial loading areas, parking areas, and airport landing strips. 4.13 Private and public golf courses, tennis courts, driving ranges,_ archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. 4.14 Residential lawns, gardens, parking areas, and play areas. 4.2 Standards f Floodway mitt Us 4.21 The use shall have a low flood damage potential. 4.22 The use shall be permissible in the underlying zoning district if one exists. 4.23 The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill obstructions, excavations or storage of materials or equipment. 4.3 Conditional Uses: 4.31 Structures accessory to the uses listed in 4.1 above and the uses listed in 4.32 -4.38 below. 4.32 Extraction and storage of sand, gravel, and other materials. 4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures. 4.34 Extraction and storage of sand, gravel, and other materials. 4.35 Storage yards for equipment, machinery, or materials. 4.36 Placement of fill. 4.37 Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 9.3 of this Ordinance. 4.38 Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and .levees or dikes, where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. -6- II 4.4 Standards for Floodwav Conditional Uses: 4.41 All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a Conditional Use that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in flood damages in the reach or reaches affected. 4.42 All floodway Conditional Uses shall be subject to the procedures and standards contained in Section 10.4 of this ordinance. 4.43 The conditional use shall be permissible in the underlying zoning district if one exists. 4.44 Fill: (a) Fill, dredge spoil and other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. (b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long -term site development plan is submitted which includes an erosion /sedimentation prevention element to the plan. (c) As an alternative, and consistent with Subsection (b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on -site storage of fill or other materials which would have caused an increase to the stage of the 100 -year or regional flood but only after the Governing Body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The Conditional Use Permit must be title registered with the property in the Office of the County Recorder. 4.45 Accessory Structures: (a) Accessory structures shall not be designed for human habitation. (b) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (1) Whenever possible, structures shall be constructed with the longitudinal axis Parallel to the direction of flood flow, and, -7- r (2) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. 4.46 Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body. 4.47 Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 105. Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. 4.48 A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100 -year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses: Permitted Uses shall be those uses of land or structures listed as Permitted Uses in the underlying zoning use district(s). If no pre- existing, underlying zoning use districts exist, then any residential or non residential structure or use of a structure or land shall be a Permitted Use in the Flood Fringe provided such use does not constitute a public nuisance. All Permitted Uses shall comply with the standards for Flood Fringe "Permitted Uses" listed in Section 5.2 and the standards for all Flood Fringe "Permitted and Conditional Uses" listed in Section 5.5. 5.2 Standards for Flood Fringe Permitted Uses: 5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the Regulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond -8- the outside , limits of the structure erected thereon. 5.22 As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with Section 4.45 (c). 5.23 The cumulative placement of fill where at any one time in excess of one - thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a Conditional Use, unless said fill is specifically intended to elevate a structure in accordance with Section 5.21 of this ordinance. 5.24 The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. 5.25 The provisions of Section 5.5 of this Ordinance shall apply. 5.3 Conditional Us-s: Any structure that is not elevated on fill or flood proofed in accordance with Section 5.21 -5.22 or any use of land that does not comply with the standards in Section 5.23 -5.24 shall only be allowable as a conditional Use. An application for a Conditional Use shall be subject to the standards and criteria and evaluation procedures specified in Sections 5.4- 5.5 and 10.4 of this Ordinance. 5.4 Standards - For Flood Fringe ondi ionpl s s: 5.41 Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above - grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) if the enclosed area is above -grade on at least one side of the structure; 2) is designed to internally flood and is constructed with flood resistant materials; and 3) is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: (a) Design and Certification - The structure's design and as -built condition must be certified by a -9- ;r4 registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the Regulatory Flood Protection Elevation or be designed tao prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for Above - grade, Enclosed Areas - Above - grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (1) The minumum area of openings in the walls where internal flooding is to be used as a flood- proofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. (2) That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. 5.42 Basements, as defined by Section 2.812 of this Ordinance, shall be subject to the following: (a) Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation. (b) Non - residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with Section 5.43 of this Ordinance. 5.43 All areas of non residential structures including basements to be placed below. the -10- Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP -1 or FP -2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of bouyancy. Structures flood proofed to the FP -3 or FP -4 classification shall not be permitted. 5.44 When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on -site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion /sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabalize the fill on site for a flood event at a minimum of the 100 -year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Governing Body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. 5.45 Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body. 5.46 The provisions of Section 5.5 of this Ordinance shall also apply. 5.5 Standards for All Flood rine D a: 5.51 All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of -11- Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. 5.52 Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. 5.53 Manufacturing and Industrial Uses - measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 5.52 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 5.54 Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi - structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 5.55 Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not b en specified on the Official Zoning Map. -12- _ 5.56 Standards for travel trailers and travel vehicles are contained in Section 9.3. 5.57 All manufactured homes must be securely anchored to an adequately anchored foundation system that resists floatation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. SECTION 6.0 (eserve. .. u i -- -- SECTION 7.0 SUBDIVISIONS 7.1 Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labelled on all required subdivision drawings and platting documents. 7,2 Removal of Special Floes wa A De� The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation. FEMA 's requirements incorporate specific fill compaction and side slope protection standards for multi - structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. SECTION 8.0 PUBLIC UTITJT7FS, RAILROADS. ROADS. AND BR7DGES 8.1 P • ' it' ' ' -. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood- proofed in accordance with -13- the State Building Code or elevated to above the Regulatory Flood Protection Elevation. 8.2 Pubito Tranep rtation Faciljtje . Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 4.0 and 5.0 of this Ordinance. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 2 This Section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include necessary flood plain management provisions. 8.3 On -site Sewage. Treatment and Water Sunply Systems: Where public utilities are not provided: (1) On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and (2) New or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on- site sewage treatment systems shall be determined to be in compliance with this Section. SECTION 9.0 MANUFACTURED HOMES AND MANUFA TUR D HOME ARKS AND ^ PLACEMENT OF TRAVEL , TRAILERS AND TRAVEL VEHICLES. 9.1 New manufactured home parks and expansions to existing mobile manufactured home parks shall be subject to the provisions placed on subdivisions by Section 7.0 of this Ordinance. 9.2 The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 5.0 of this Ordinance. If -14- vehicular road access for pre - existing manufactured home parks is not provided in accordance with Section 5.51, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the Governing Body. 9.21 All manufactured homes must be securely anchored to an adequately anchored foundation system that resists floatation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. 9.3 Travel trailers and travel vehicles that do not meet the exemption criteria specified in Section 9.31 below shall be subject to the provisions of this Ordinance and as specifically spelled out in Sections 9.33 -9.34 below. 9.31 Exemption - Travel trailers and travel vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 9.32 below and further they meet the following criteria: (a) Have current licenses required for highway use. (b) Are highway ready, meaning on wheels or the internal jacking system; are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks; and the travel trailer /travel vehicle has no permanent structural type additions attached to it. (c) The travel trailer or travel vehicle and associated use must be permissible in any pre - existing, underlying zoning use district. 9.32 Areas exempted for placement of travel /recreational vehicles: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium type associations. 9.33 Travel trailers and travel vehicles exempted in Section 9.31 lose this exemption when development occurs on the parcel exceeding _ dollars for a structural addition to the travel trailer /travel vehicle or an accessory structure such as a garage or storage building. The travel trailer /travel vehicle and all additions and accessory structures -15- will then be treated as a new structure and shall be subject to the elevation /flood proofing requirements and the use of land restrictions specified in Sections 4.0 and 5.0 of this Ordinance. 9.34 New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (a) Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway or Flood Fringe Districts provided said trailer or vehicle and its contents are placed on fill above the Regulatory Flood Protection Elevation and proper elevated road access to the site exists in accordance with Section 5.51 of this Ordinance. Any fill placed in a floodway for the purpose of elevating a travel trailer shall be subject to the requirements of Section 4.0. (b) All new or replacement travel trailers or travel vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a Conditional Use if in accordance with the following provisions and the provisions of 10.4 of this Ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 -year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 8.3 of this Ordinance. SECTION 10.0 ADMINISTRATION 10.1 Zoning Administrator: A Zoning Administrator designated by the Governing Body shall administer and enforce this Ordinance. If the Zoning kifflitagtrmtor finds a violation of the provisions -16- of this Ordinance, the c h Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Section 12.0 of this Ordinance. 10.2 Permit Reonirementa: 10.21 Permit Required. A Permit issued by the Zoning Administrator in conformity with the provisions of this Ordinance shall be secured prior to the erection, addition, or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. 10.22 Application for Permit. Application for a Permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. 10.23 State and Federal Permits. Prior to granting a Permit or processing an application for a Conditional Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. 10.24 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Ordinance. 10.25 Construction and Use to be as Provided on Applications, Plans, permits, variances and Certificates of Zoning Compliance. Permits, Conditional Use Permits, or Ceartificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and -17- applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 12.0 of this Ordinance. 10.26 Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Ordinance. Flood - proofing measures shall be certified by a registered professional engineer or registered architect. 10.27 Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures and alterations or additions to structures are flood- proofed. 10.3 Board of Ad iustment: 10.31 Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. 10.32 Administrative Review, The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Ordinance. 10.33 Variances. The Board may authorize upon appeal in specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the board of Adjustment shall clearly identify in writing the specific conditions that existed consistant with the criteria specified in the respective enabling legislation which justified the granting of -18- the variance. No Variance shall have the effect of allowing in any districat uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State law. 10.34- Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. 10.35 Decisions. The Board shall arrive at a decision on such appeal or Variance within days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 10.36 Appeals. Appeals from any decision of the Board may be made, and as specified in this community's Offical Controls and also Minnesota Statutes. 10.37 Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood -19- insurance up to amounts as high as $25 for $100 of insurance coverage and 2) Such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. 10.4 Conditional Uses. The City Council shall hear and decide applications for Conditional Uses permissible under this Ordinance. Applications shall be submitted to the Zoning Administrator who shall forward the application to the City Council for consideration. 10.41 Hearings. Upon filing with the City Council an application for a Conditional Use Permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Use sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. 10.42 Decisions. The City Council shall arrive at a decision on a Conditional Use within 30 days. In granting a Conditional Use Permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Conditional Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 10.43 Procedures to be followed by the City Council in passing on Conditional Use Permit Applications within all Flood Plain Districts. (a) Require the applicant to furnish such of the following information and additonal information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed -20- use: 1) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill storage of materials, flood - proofing measures, and the relationship of the above to the location of the stream channel. 2) Specifications for building construction and materials, flood - proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (b) Transmit one (1) copy of the information described in subsection (a) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c) Based on the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. 10.44 Factors Upon Which the Decision of the City Council Shall Be Based. In passing upon Conditional Use applications, the City Council shall consider all relevant factors specified in other Sections of this Ordinance, and: (a) The danger to live and property due to increased flood heights or velocities caused by encroachments. (b) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (d) The susceptability of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e) The importance of the services provided by the proposed facility to the community. (f) The requirements of the facility for a waterfront location. (g) The availability of alternative locations not subject to flooding for the proposed use. -21- • I_ (h) The compatability of the proposed use with existing development and development anticipated in the forseeable future. (i) The relationship of the proposed use to the Comprehensive Plan and Flood Plain Management Program for the area. (3) The safety of access to the property in times of flood for ordinary and emergency vehicles. (k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (1) Such other factors which are relavant to the pruposes of this Ordinance. 10.45 Time for Acting on Application. The City Council shall act on an application in the manner described above within 30 days from receiving the application, except that where additional information is required pursuant to 10.44 of this Ordinance.. The City Council shall render a written decision within 14 days from the receipt of such additional information. 10.46 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the City Council shall attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the proposes of this Ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy and operation. (c) Imposition of operational controls, sureties and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Flood- proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood- proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. SECTION 11.0 NONCOMFORMTNG USES 11.1 A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be �ontinued subject to the following conditions: -22- 11.11 No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity. 11.12 Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use, shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP -1 thru FP -4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 11.13 below. 11.13 The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section 4.0 or 5.0 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. 11.14 If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this Ordinance. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of twelve (12) months. 11.15 If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Section 4.0 or 5.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe District, respectively. -23- SECTION 12.0 PENALTIES FOR VIOLATION 12.1 Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor and shall be punishable as defined by law. 12.2 Nothing herein contained shall prevent the City Council from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: 12.21 In responding to a suspected ordinance violation, the Zoning Administrator and Local Government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a request to the National Flood Insurance Progaram for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 12.22 When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the community's plan of action to correct the violation to the degree possible. 12.23 The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and /or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Zoning Administrator may -24- • either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring rite use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after -the -fact permit /development approval within a specified period of time, not «• exceed thirty (30) days. 12.24 If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lasses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. SECTION 13.0 AMENDMENTS The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequateiY protected for the intended use. All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by tho Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and musta receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten (10) daY« written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. SECTION 14. EFFFCTTVE DATE This Ordinance shall be effective upon its passage and publication. Passed this - /2' day of ,40/i , 1939, by the City Council, City of Centerville, Andka County, Min -sota. 4 ATTES Georgr Ha.erman, Mayor p e • Tamara M. Milts M'll- , lerk /Administrator • T MC 145 University Avenue West, St. Paul, Minnesota 55103 -2044 3- I1 Phone: (651) 281 -1200 • (800) 925 -1122 unt. Ow.pA-. Fax: (651) 281 -1298 • TDD (651) 281 -1290 FLUFFY, FIDO, & IGOR: ANIMAL CONTROL ORDINANCES By Carla J. Heyl, LMCIT Senior Staff Attorney, Ellen A. Longfellow, LMCIT Loss Control, & Jessica E. Schwie, Law Clerk, League of Minnesota Cities INTRODUCTION As this country has become more densely populated the need to regulate animals and pets has grown.' Therefore, municipalities have a wide range of control over the ownership of pets and animals. Cities have enacted and successfully enforced laws regarding the following: • limits on the number of dogs per household; • requirements for a special permit to have certain pets or to obtain licenses; and • the ability to order or allow the destruction of pets or other animals! IL AUTHORITY FOR REGULATION OF ANIMALS Animals are considered to be private property; therefore, animals are subject to the same regulatory devices as any other private property would be under the police powers of the state.' In addition to their property-like characteristics, animals by their nature can be nuisances due to their odor and noise. Animals also present the potential to cause great bodily harm. As a result of their nuisance -like nature and potential danger, animal and pet regulation has been found to be well within the police powers of a municipality.' Not only is it within the police power of government entities to regulate and control animal ownership, it is the government's duty.' An inherently dangerous condition can be caused by uncontrolled or vicious dogs or stampeding animals.' A city's failure to respond to such dangerous conditions may rise to a level of reckless disregard for the public's safety.' Municipalities must have the authority to take such animals under control in order to satisfy their duty to keep the City's streets safe. Thus, it is common for municipalities to enact ordinances that regulate the keeping of animals within its borders. L. .YCLO. 11177YANSWORASIM ' 01FDOOAUNl1YtCO.M'10 58 C op, W 1.03.o( MNne.auwia G 179 • III. GENERAL CONSIDERATIONS FOR DRAFTING AND ENFORCING ANIMAL CONTROL ORDINANCES The regulation of pets and other animals has not remained unchallenged over the years. In fact, challenges to animal regulations have increased over the years with a number of different constitutional challenges made against a wide variety of regulations. A. The purpose of animal control ordinance and regulations — are they rationally related? Challenges to animal ordinances are often based upon the rational relationship of the ordinance to the police power or the arbitrary and capricious adoption of ordinances. A city must have some reasonable basis for adopting an ordinance.' Animal regulations have been found to be rationally related if adopted to protect citizens from the danger of uncontrolled or inherently dangerous animals, prevent nuisances or maintain clean and healthy living environments in addition to many other reasons.' When drafting an ordinance to control animals within its community, a city may address a problem as it sees best. A city is entitled to "a reasonable opportunity to experiment with solutions to a problem. "" B. Drafting the animal control ordinance — is it too vague? An ordinance will be void for vagueness if it is not definite enough for a party to know from the statute what behavior should be avoided." This is measured by whether a reasonable person would or would not understand that his conduct is prohibited by the ordinance. Therefore, the ordinance drafted by the City should provide enough guidance for a judge to apply the law and for an attorney to defend against it.jd In many cases the pet owner recognizes the fact that his /her pet falls into the regulated category of animals. And, the burden falls on the animal owner or challenging party to demonstrate that the ordinance is unconstitutionally vague. Because animal control ordinances generally impose criminal sanctions on animal owners for their violation, courts generally carefully scrutinize the ordinances. Nevertheless, the ordinances are generally upheld because simple dictionary definitions or common use of the term will often resolve any ambiguity presented by the ordinance." Thus, many owners will not have standing to challenge the constitutionality of the ordinance for vagueness because, by the plain- meaning, the ordinance clearly applies to them.' However, such owners may still challenge the ordinance as unconstitutionally vague when it is facially vague as written and overbroad." A facial attack on the vagueness of a statute requires a showing that the ordinance is vague in all of its applications not just in some hypothetical situation.' Because an owner could bring such a claim, a municipality should try to be clear in what it demands from specific owners. For example, if the city enacts an ordinance requiring an animal to be kept on a leash, the city should be clear as to what animals this applies to and when. • G. fCLO>l1R.VAIMYIVOFI.VAVOTM GOGIAA9ANLCO.MPO 59 Cannot Wry e of Wows Gala O 19w C. Making the distinction between types of animals in your ordinance — is that a problem with the equal protection clause? In Minnesota, distinctions between types of animals may be made when enacting an ordinance. ' However, the ability of a municipality to make certain distinctions is limited by state statute. Minnesota law prohibits the regulation of dangerous dogs based solely on the breed of the dog; for example, a municipality may not prohibit the ownership of pit bulls? Although a municipality may not ban a certain breed of dog, Minnesota does require anyone who owns a "dangerous dog" to register the pet, keep it in a proper enclosure and muzzle and properly restrain when it is outside of the enclosure 2 As for any other distinctions made in an ordinance, the municipality must have a reasonable basis for doing sot The municipality, however, has broad discretion in determining classifications 2' Thus, it is valid for a municipality to draw a distinction between private ownership and zoo ownership of wild animals; and, consequently, prohibit the private ownership of certain animals that the city defines as "wild animals".' For example, St. Paul's ordinance restricting the ownership of rabbits, chinchillas, minks, chickens, turkeys or other small animals or birds was found valid because it did not unreasonably restrict the type of pet one can own nor unfairly exempt certain organizations from the permit regulations.' D. Capture and custody of the animal — have you provided for the owner's due process rights? Due process is an essential consideration in ordinances that allow the city or one of its agents to impound or destroy an animal. The court will balance four factors in determining whether the due process requirements have been met: 1) what are the private interests that are affected; 2) what is the risk or erroneous deprivation of that interest; 3) what is the probable value, if any, of additional or substitute procedural safeguards; and 4) what are the government's interests in the matter ? Although it will be discussed in greater detail below, a municipality should give notice to an owner and an opportunity to request a hearing prior to the destruction of an animal. IV. SPECIFIC PROVISIONS IN ANIMAL CONTROL ORDINANCES A. Limiting the number of animals per household When a municipality is drafting an ordinance that, for example, limits the number of dogs per household, the municipality is not required to consider empirical data? Dog owners challenged the constitutionality of Sauk Rapids' ordinance limiting the number of dogs per home without a permit to two; and, allowing permits to be obtained for owning more than two dogs over the age of six months. The dog owners argued that the ordinance was arbitrary and capricious and not rationally related to the health, safety and general welfare of the public because it was not passed based upon empirical studies. G. PCLQ,,tN MIORSTROTFJOOA4NAULCO.w 60 CW,nW Learn of Mlmmu Cilia 0 MI The Court held that empirical data is not necessary to support the adoption of such an ordinance. The existence of alternative methods for resolving the problem or debates as to what is the best method for resolving the problems will not be a basis for declaring the ordinance unconstitutional. Choosing some number arbitrarily also will not render the ordinance unconstitutional as some number must be selected. Similarly, an ordinance prohibiting the keeping of more than three adult dogs in any residential home in the city's residential districts was upheld because it was rationally related to controlling problems of dog noise and odor as it affects health and general welfare." B. Barking dogs and other noisy animals Barking dog ordinances are often challenged under the vagueness doctrine. The most common problem with barking dog statutes, like other nuisance -like or disturbing the peace type ordinances, is the ordinance usually lacks some objective standard to indicate what is unacceptable barking or noise? These statutes come to depend on the personal threshold of annoyance of the complaining neighbor or investigating officer." These measures do not provide adequate notice to citizens of what is allowable and what is not allowable behavior? For example, the City of Edina had its barking dog ordinance struck down as it was not adequately defined? The ordinance prohibited the keeping of an animal which "by any noise disturbs the peace and quiet of any persons in the vicinity." The Court did not find there to be any well accepted, generally understood meaning of the phrase "disturb the peace and quiet." The ordinance did not provide any standard to measure annoyance of persons in the vicinity. The standard was based upon the personal senses of the enforcing officer and from this an average person of common intelligence would not be able to determine the prohibited conduct. This type of standard invites arbitrary enforcement of the law by officers. Therefore, a municipality should provide for some type of measure in their animal control ordinance that defines at what point an animal because a noisy nuisance. For example, many municipalities have decided that more than five minutes of continuous barking, whining, howling, etc. is a nuisance and a citation may be issued under their ordinance. C. Breeding moratorium Recently, mandatory spay and neuter legislation has begun springing up across the country. For example, San Mateo County adopted an ordinance mandating the spaying and neutering of dogs and cats within the unincorporated areas of the county unless the owner had a breeding license or, in limited circumstances, written certification from a veterinarian dispensing with spaying or neutering for health reasons. The stated purpose of this type of ordinance is the reduction of euthanasia of unwanted animals." Although the stated purpose of the ordinance is commendable, for the following reasons a municipality should exercise caution before adopting such an ordinance. First, despite the fact that this type of ordinance has yet to be challenged in court. the 61 CW n W Lb{ue of Miuwou Civa O 1499 LV'C :uS11TlV,lIIIU IJFA".VR \ IIILI • validity of such an ordinance is questionable. Second, a study conducted in San Mateo after the enactment of the ordinance indicates that the ordinance has not had the desired result." In fact, there was an initial increase in the number of unwanted pets and a corresponding decrease in the number of pets adopted. Thus, the ordinance had the effect of actually increasing the number of animals subjected to euthanasia." Should a city want to enact a breeding moratorium ordinance, it has been suggested that the most effective solution would be to direct mandatory spaying and neutering to humane organizations and shelters which facilitate the adoption of pets. Requiring these organizations to insist upon spaying or neutering prior to adoption, would substantially eliminate pet over- population and strays. D. Dangerous dogs As stated earlier, Minnesota state law prohibits ordinances that prohibit the ownership of a specific breed of dog; for example, an ordinance that prohibits the ownership of a pit bull. Rather, a municipality may declare a particular dog as a dangerous dog based on certain identifiable characteristics that make that particular dog dangerous. Whether a dog's particular behavior falls within the applicable classification requires that the municipality show that an individual dog is dangerous under the criteria set out in the statute. Specifically, the city must show: the dog has 1) without provocation inflicted substantial bodily harm on a human being or another domestic animal; or 2) been found potentially dangerous (inflicts bites without provocation, chases without provocation, or has a known propensity to attack unprovoked) and the dog subsequently endangers the safety of humans or domestic animals. Once a dog has been declared to be a dangerous dog, the owner must register the dog with the county and meet other statutory requirements. Although it appears under the statute that the county should take over control of dangerous dogs, a municipality should consider providing for the control of a dangerous dog under its animal control ordinance. The county may not have an animal control officer or the municipality may find that it can better control such animals under its own ordinances. Furthermore, the state legislature recently passed an act transferring the responsibility of registering dangerous dogs from Dakota County to the municipalities located in that county. Anoka County just introduced a bill hoping for a similar result. Thus, there may be a trend in this area to shift responsibility to the municipalities. As for potentially dangerous dogs, Minnesota statutes do not impose any limitations on dogs that fall into this category. A municipality, however, may establish limitations and restrictions for owners of dogs deemed to be potentially dangerous under the statute. It has been suggested that a municipality must provide the dog's owner with the opportunity to reclassify a dog designated as dangerous to non - dangerous after a demonstration of reform." However, there is no statutory or case law requiring a municipality to reclassify the dog. G.' l'CLCll . 17 %.4 9911CICLIII OTZBOCAUMLILII CD II' PO 62 CWYn„u lurye.f M! . cU Cuu 019N E. Kennels Minnesota statutes provide for the regulation of kennels." The statutes require the owner /operator of a kennel to obtain a license for operation from the Board of Animal Health. A municipality may, however, incorporate the statutory provisions into its animal control provisions or draft an ordinance that better defines what constitutes a kennel and any additional restrictions. V. THE RESPONSIBILITIES OF THE ANIMAL OWNER A. Obtaining a licence Many ordinances provide that an individual cannot own an animal that has not received proper vaccinations. In order to have this type of provision the City must require proof of vaccination. Ordinances that require animal owners to "check the box" as to whether or not their animal has been vaccinated have been challenged as violating a person's right against self - incrimination. Therefore, it is better to merely require a certificate from a veterinarian that the animal had been vaccinated. B. Humane care Minnesota Statute, chapter 343, prevents cruelty to animals. Cities may have similar provisions. However, those provisions should be very specific, e.g., requiring that animals be given proper food, water and shelter. Otherwise they may challenged for being too vague and thus violating a person's due process rights. Rather than drafting its own provisions a City may incorporate state law into its ordinance. In making the determination that an animal is being treated cruelly, the City must take into consideration the breed of animal in question. Otherwise, an owner may challenge a citation for animal cruelty on the basis that the ordinance was applied to him or her arbitrarily. For example, certain breeds of dogs do not require an enclosed shelter while outside; even though it may be a typical Minnesota winter and 30 degrees below outside. Thus, it would be inappropriate for the City to issue a citation for animal cruelty on the basis that the owner failed to comply with the ordinance by failing to have an enclosed shelter. VI. THE CAPTURE AND CUSTODY OF AN ANIMAL - WHAT ARE THE IMPLICATIONS? A. Seizure of animals 1. Authority to enter the animal owner's premises In order to enforce its animal control ordinances, enforcement officers may need to enter onto the premises of an animal owner for inspection purposes. Generally, a search warrant is required to enter upon a person's premises, inspect it, and seize any property. Therefore, an enforcement officer should G. VY01N ITIUOYnlORC1A VOTF2O0A4."t4LILCI7 OP I O 6 3 COpribt Lchillt oL Minmou Chia 0 1999 first request consent to enter the premises from the property owners; or, failing that, seek a warrant prior to inspecting a premises for possible animal code violations." However, it may be possible overcome the need for a search warrant by the use of an implied consent provision in the municipality's animal ordinance. The provision authorizes warrantless searches of an animal owner's property based upon the idea that a person who owns an animal has irimpliedly given permission to the City to enter the premises in order to control or inspect the animal. This, however, has been challenged in other states and struck down as violation of a person's constitutional rights." 2. Animals at large An animal roaming about, unattended is considered to be a public nuisance.. The municipality has a duty to capture the animal running at large so as to prevent injury to the public." Therefore, most municipalities have enacted "leash taws." These ordinances require animals to be kept under the control of the owner by use of a leash or some other restrictive device when outdoors. B. Care for animal once captured Once a municipality has captured an animal, Minnesota statutes impose certain duties upon the municipality for the care of the animal." The following discusses the required care of captured cats and dogs. 1. Transport Minnesota statute specifies the method and manner in which an animal must be transported." The container in which the animal is placed must meet the following requirements: constructed of nonabrasive wire or a smooth, durable material, provide protection to the animal, adequately ventilated, provide enough space for the animal to turn around, kept clean. 2. Confinement a. Shelter Statutes also provide guidelines for the type of shelter in which the animal is confined 6 Generally, the confinement area must provide sufficient space to allow the animal to turn about freely, stand, sit, and lie in a normal position.' Animals may be kept together, but they must be compatible and there must be sufficient space for each one.' Thus, the statute provides a formula for ascertaining the minimum floor space required given the animal 63 In addition, the general conditions of the confinement area must be sanitary— in other words clean and in good repair." There should be r,. vCL0 . 9QDt1'.voi OFGCIMVTEBOOAU.\2 Kvo 64 C.p,n.H Lap &Maass Ci 01999 reasonable ventilation, drainage, temperature, and lighting. If the confinement area is outside, a shaded area must be provided during the summer months (May to October)." b. Food and water The animal must be provided with enough food and water and of a reasonable quality so as to allow for the normal growth (nonadult/ not fully grown animal) or maintenance of the animal's body weight 67 c. Exercise Any confined animal must be periodically exercised 68 d. Confinement of animals other than a cat or dog If the municipality seizes and confines a pet bird, rodent, or other animal (not including farm animals), the foregoing generally applies. However, Minnesota statutes have modified the care requirements for these types of animals 6 3. Records A municipality that has custody of animal has a duty to maintain and make available to the public certain records for at least six months after the capture of the animal. Those records must include the following: the description of the animal by species, breed, sex, approximate age, and other distinguishing traits; the location at which the animal was captured; the date of capture; the name and address of the owner; and the name and address of the person who adopts or takes ownership of any animal over which the municipality has custody." If the owner of the captured animal is unknown, the city must post a notice containing a description of the dog for ten days as well as the date of the hearing on which the disposition of the animal will be considered. C. Animal disposition A municipality, generally has the authority to dispose of an animal within its custody. Several statutes address the amount of time a municipality must hold an animal before disposing of it whether by sale, adoption, or destruction. The times varies depending on the reason for the capture or the classification of the animal; so that, the standard stray animal may be destroyed if the animal is not claimed within five days, a dangerous dog within seven days, and a cruelly- treated animal within ten days. Prior to disposal of the animal, however, the municipality should: 1) wait at least ten days; and 2) give notice and an opportunity to be heard to the owner. Although many municipalities do not wish to keep animals this length of time because of costs, for ease and simplicity ten days meets all statutory requirements and has been upheld by a court as a sufficient amount of time. Furthermore, the municipality, under its ordinance, may simply assess the fees for maintenance of the dog over the O. VYL011 na Vpn 0PkWM'OTGOOKWIIOLCO. IVPO Co9,d1i Lopea(M..waeu Cases 0 1919 65 ten day period back to the owner. If the owner fails to reclaim the animal, the municipality must transfer the animal to any licensed institution that has requested the animal; unless, the animal wears a tag that specifically states that it may not be used for animal research." Otherwise, if the owner still fails to reclaim the animal and: 1) no licensed institution has requested the dog; or 2) the city was unable to transfer animal because it bore a no research tag; then the municipality may elect to destroy the animal." However, there is little private interest in harboring dangerous or potentially dangerous animals. Moreover, the general public has a significant interest in the prevention of dangerous or potentially dangerous animals roaming the streets. The government entity will have a substantial interest in controlling animals to satisfy its obligations to the public. Thus, while due process is a concern prior to killing a pet, summary destruction of a pet is justified and constitutional in some cases.i When an animal presents an immediate danger to the safety and health of the public, no notice or hearing will be required prior to destruction. so The circumstances must be such as to create a reasonable belief that such killing is necessary to prevent injury to persons or property and the probability of present or future depredations while giving reasonable regard to the value of the animal to be destroyed. For example, summary destruction is permissible where it necessary to prevent the spread of an animal epidemic for the immediate protection of the public 8 On the other hand, the mere fact that a dog may be chasing another's livestock or pets, however, is not enough to justify killing the dog. Rather, there must be a reasonable belief that the killing was necessary for the protection of the livestock or pets." VII. CHALLENGES TO ORDINANCES A. Invalid ordinances Any ordinance found unconstitutional will be struck down. But this is not the only remedy sought by those who challenge pet regulations. If an ordinance is struck down for being unconstitutional, it is Likely that the plaintiff's attorney will seek attorney's fees as provided for by federal statute, 42 U.S.C. § 1983. While the actual damages for such a lawsuit may be minimal, the award of plaintiff's attorney fees could make the lawsuit a very expensive one for the City. The Minnesota Council of Dog Clubs recently claimed damages under section 1983 of the United States Code. To receive section 1983 damages, plaintiffs must show: 1) they were deprived of a federal right; and 2) that the person depriving them acted under the color of state Iaw. Generally, section 1983 damages are to be awarded in cases of egregious conduct by municipal employees acting with apparent authority." Cases in which a municipality sought to enforce a ordinance later found to be unconstitutional does not present the type of egregious conduct that Section 1983 damages are designed to discourage. As a result, the Minnesota Council of Dog Clubs did not receive Section 1983 damages; even though it had been successful in 4VCOIDSt'.: 11)Pi'ORc,M'1nMooAUNLLuLCO.NYO CoPre Lopc of Miu aou iaia 019W 66 having several provisions of the Cruelty to Animals Act struck down." B. Improper search and seizure In cases where enforcement officers entered on a person's property in order to inspect or capture an animal without a warrant, the animal control owner may request section 1983 damages. Again, because it may be possible for an animal owner to obtain attorney's fees (making the suit very expensive) if an enforcement officer conducts a warrantless search of the owner's premises, the enforcement officer should seek a warrant prior to entering onto an animal owner's premises. C. Injury or death of animal The failure to:1) provide humane care to a seized animal; 2) maintain adequate records; or 3) wait and provide notice and the opportunity for a hearing before the disposition of an animal may be punishable as misdemeanor. A pet owner may also file a civil law tort action against the City if the City has harmed or killed the pet. Damages for negligence claims regarding injuries or death to an animal are limited to the fair market value of the property. Thus, in theory at least, the potential recovery by a pet owner is minimal. However, pet owners, who view their pet as a family member often seek damages beyond fair market value. Damages have been sought under U.S.C. § 1983; including punitive damages and money damages for pain, suffering or emotional distress. Other states have allowed the pet owner to recover on these types of claims, recognizing that the pet owner held a special relationship with his/her pet 92 In Minnesota, however, it is questionable whether a pet owner would be entitled to such remedies. While modem courts recognize the special role pets have within the family unit, pets are nonetheless property and fair market value continues to be the limit on damages. Even if the court were to recognize such damages, it is generally difficult to succeed with a negligent or intentional infliction of emotional distress claim. To be successful the plaintiff must show: • the conduct was extreme and outrageous; • the conduct was intentional or reckless; • the conduct caused emotional distress; and • the distress was severe 95 The emotional distress suffered must have physical manifestations in addition to being severe 9 Therefore, emotional distress felt by one who has lost a pet would probably not rise to the level of severity required by case law. VCLOSII^\' A \ttIORALMMOTEHOOA`AA'AILILCO. X' PO 67 CW!niM Leapt of M! W(Cilitt C 1999 APPENDIX OF MINNESOTA LAWS Chapter 18 - Pest Control This chapter empowers counties, cities or towns to appropriate money for the control of destructive or nuisance animals. Destructive or nuisance animals include such animals as rats, gophers, mice and other unprotected wild animals. Chapter 19 - Apiaries The commissioner may destroy bees found to be a public nuisance after giving notice to the owner/operator without any remuneration to the owner. Chapter 31 - Food This chapter requires the humane slaughter of livestock. Failure to do so results in a misdemeanor. Chapter 35 - Animal Health This chapter provides for the appointment, power and duties of the Board of Animal Health. The Board is authorized by this chapter to maintain quarantines, issue rabies proclamations and destroy diseased animals upon inspection. Section 35.69 prohibits unmuzzled dogs from running at large during period of rabies proclamations. This chapter also provides civil and criminal penalties for violations of the chapter. Chapter 343 - Prevention of Cruelty This chapter defines the purposes and powers of state and local humane societies. The chapter also defines forms or methods of cruelty to animals including overworking or mistreating animals, inhumane transportation of animals, docking horses, clipping animals then leaving them without shelter for the winter months, poisoning animals, and promoting, encouraging or permitting any kind of animal fighting. A person guilty of cruelty to animals can be found guilty of a misdemeanor or gross misdemeanor. Chapter 346 - Stray Animals; Companion Animals Chapter 346 authorizes the poundmaster to keep stray animals and sell such animals as necessary to pay for damages or fees upon giving notice. The chapter prohibits herding animals from running at large. Owners will be liable for treble damages for knowingly permitting such animals to run at large. Section 346.35 establishes the Pet and Companion Animal Welfare Act. The act generally requires animals to be sufficiently fed, provided clean water, given adequate shelter and exercise and otherwise properly cared for. The Act covers equine (horses, ponies, mules and burros), dogs and cats, pet birds and rodents, and other animals taken as pets. Chapter 347 - Dogs & Cats This chapter specifically provides for the destruction of dogs that have chased, injured or worried livestock or poultry. It also defines dogs acting as a public nuisance and provides for the destruction of dogs found to be a public nuisance upon'notice, hearing and ajudgment finding the dog to be a public nuisance. Chapter 347 authorizes counties, towns or cities to issue dog licenses and requires kennels to obtain a license from the Board of Animal Health. 00000 L Pt of M'^"°°Y Cilia O 1914 GVCL09111A' AO011 ' OF/:9T'OiFdOOANNLIIICCO.IIYO 68 Finally, the chapter defines "dangerous dogs ", requires the registration of such dogs and authorizes cities and counties to regulate "dangerous dogs" including by means of seizing such dogs that are not properly registered or enclosed. Chapter 561 - Nuisance, Trespass, Waste; Damages Chapter 561 empowers every sheriff and police officer to impound any livestock or domestic fowl running at large or trespassing upon public property or private land. It also holds owners of trespassing animals liable for treble damages. Chapter 609 - Criminal Code Section 609.294 prohibits bestiality. Section 609.596 makes it a felony to intentionally cause the death of a police or arson dog and a gross misdemeanor to intentionally cause substantial or great bodily harm to a police or arson dog while the dog is involved in law, fire or correctional enforcement, investigation or apprehension. Under Sections 609.205 and 609.2665, it is manslaughter in the second degree for a death of a person or unbom child resulting from one allowing any animal known to have vicious propensities or known to have caused great or substantial bodily harm in the past to run uncontrolled or not be properly confined. G. NCLOS',';.\'a, OR4T1M'OTEBOOAlI.YLAGLLb.11'PD 69 Ccp,nIl Lave 01 Minn.... Oho C m 7 C 145 University [venue Vest, St. Paul, Minnesota 55103 -2044 J_ �lrl Phone: (651) 281 -1200 • (800) 925 -1122 LA■f 0 "'••~"'o "' Fax: (651) 281 -1298 • TDD (651) 281 -1290 MODEL ANIMAL ORDINANCE This is a sample ordinance for guideline purposes only. Please consult your city attorney when developing your own ordinance. Section 100 - Animals 100.01 Definitions. As used in this Section, unless the context otherwise indicates, the following words shall be defined to mean: Subd. 1 Animal. "Animal" shall mean any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. Animals shall be classified as follows: A. Domestic. "Domestic animals" shall mean those animals commonly accepted as domesticated household pets. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non - poisonous, non- venomous and non - constricting reptiles or amphibians, and other similar animals. B. Non - Domestic. "Non- Domestic animals" shall mean those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, such animals shall include: (1) Any member of the large cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats. (2) Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs. (3) Any crossbreeds such as the crossbreed between a wolf and a dog, 70 unless the crossbreed is commonly accepted as a domesticated house pet. (4) Any member or relative of the rodent family including any skunk (whether or not descented), raccoon, squirrel, or ferret, but excluding those members otherwise defined or commonly accepted as domesticated pets. (5) Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators. (6) Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this subpart, including but not limited to bears, deer, monkeys and game fish. C. Farm. "Farm animals" shall mean those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese pot - bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. Subd. 2 Cat. "Cat" shall be intended to mean both the male and female of the felidae species commonly accepted as domesticated household pets. Subd. 3 Dog. "Dog" shall be intended to mean both the male and female of the canine species, commonly accepted as domesticated household pets, and other domesticated animals of a dog kind. Subd. 4 Owner. "Owner" shall be intended to mean any person or persons, firm, association or corporation owning, keeping, or harboring an animal. Subd. 5 At Large. "At Large ". shall be intended to mean off the premises of the owner and not under the custody and control of the owner or other person, either by leash, cord, chain, or otherwise restrained or confined. Subd. 6 Release Permit. "Release Permit" shall mean a permit issued by the Police Department for the release of any animal that has been taken to the pound. A release permit may be obtained upon payment of a fee in accordance with that regular license requirement if the animal is unlicensed, payment of a release fee, and any maintenance costs incurred in capturing and impounding the animal. The release fee shall be twenty - five dollars ($25.00) the first time an animal is impounded, fifty dollars ($50.00) the second time it is impounded, and seventy -five dollars ($75.00) for the third and each subsequent time the same animal is impounded. For the purpose of a release permit, any change in the registered ownership of an animal subsequent to its impoundment and 71 release shall reset that animal's impoundment count to the beginning of the fee scale. 100.02 Dogs and Cats. Subd. 1 Running at Large Prohibited. It shall be unlawful for any person who owns, harbors, or keeps a dog or cat, or the parents or the guardians of any such person under 18 years of age, to allow such dog or cat to run at large. Dogs or cats on a leash and accompanied by a responsible person or accompanied by and under the control and direction of a responsible person so as to be effectively restrained by command as by leash, shall be permitted in streets or on public land unless the City has posted an area with signs reading "Dogs or Cats Prohibited." Subd. 2 License Required. A. All dogs over the age of six months kept, harbored, or maintained by their owners in the City, shall be licensed and registered with the City. Dog licenses shall be issued by the Clerk- Treasurer upon payment of the license fee. The license shall be valid for one year. The owner shall state, at the time application is made for the License and upon forms provided for such purpose, his or her name and address and the name, breed, color, and sex of each dog owned or kept by him or her. No license shall be granted for a dog which has not been vaccinated against distemper and rabies, as provided in this Section. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. A veterinarian who vaccinates a dog to be licensed in the City shall complete a certificate of vaccination. One copy shall be issued to the dog owner for affixing to the license application. B. It shall be the duty of each owner of a dog subject to this Section to pay to the Clerk- Treasurer the license fee as imposed by the Council by resolution. C. Upon payment of the license fee, the Clerk- Treasurer shall issue to the owner a license certificate and metallic tag for each dog licensed. The tag shall have stamped on it the year for which it is issued and the number corresponding with the number on the certificate. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate shall be issued by the Clerk- Treasurer. A charge of two dollars ($2.00) shall be made for each duplicate tag. Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee or tag because of death of a dog or the owner's leaving the City before the expiration of the license period. D. The licensing provisions of this Subdivision shall not apply to dogs whose owners are non - residents temporarily within the City, nor to dogs brought into the 72 City for the purpose of participating in any dog show, nor shall this provision apply to "seeing eye" dogs properly trained to assist blind persons for the purpose of aiding them in going from place to place. E. The funds received by the Clerk- Treasurer from all dog licenses and metallic tags fees shall first be used to defray any costs incidental to the enforcement of this Section; including, but not restricted to, the costs of licenses, metallic tags, and impounding and maintenance of the dogs. Subd. 3 Cats. Cats shall be included as controlled by this sub - section insofar as running -at- large, pickup, impounding, boarding, licensing and proof of anti - rabies vaccine is concerned. All other provisions of this Section shall also apply to cats unless otherwise provided. Subd. 4 Vaccination. A. All dogs and cats kept harbored, maintained, or transported within the City shall be vaccinated at least once every three years by a licensed veterinarian for: 1. Rabies - with a live modified vaccine; and 2. Distemper B. A certificate of vaccination must be kept on which is stated the date of vaccination, owner's name and address, the animal's name (if applicable), sex, description and weight, the type of vaccine, and the veterinarian's signature. Upon demand made by the Clerk - Treasurer or a police officer, the owner shall present for examination the required certificate(s) of vaccination for the animal(s). In cases where certificates are not presented, the owner or keeper of the animal(s) shall have seven days in which to present the certificate(s) to the Clerk - Treasurer or police officer. Failure to do so shall be deemed a violation of this Section. Subd. 5. Penalty. A fifty dollar (550.00) fine shall be imposed on the owner of any animal found unlicensed in violation of this sub - section. 100. 03 Non - Domestic Animals. It shall be illegal for any person to own, possess, harbor, or offer for sale, any non - domestic animal within the City limits. Any owner of such an animal at the time of adoption of this Code shall have thirty days in which to remove the animal from the City after which time the City may impound the animal as provided for in this Section. An exception shall be made to this prohibition for animals specifically trained for and actually providing assistance to the handicapped or disabled, and for those animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a Licensed show or exhibition. 73 100.04 Farm Animals. Farm animals shall only be kept in an agricultural district of the City, or on a residential lot of at least ten (10) acres in size provided that no animal shelter shall be within three hundred (300) feet of an adjoining piece of property. An exception shall be made to this subsection for those animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. 100.05 Impounding. Subd. 1 Running at Large. Any unlicensed animal running at Large is hereby declared a public nuisance. Any police officer may impound any dog or other animal found unlicensed or any animal found running at large and shall give notice of the impounding to the owner of such dog or other animal, if known. In case the owner is unknown, the officer shall post notice at the City office that if the dog or other animal is not claimed within five regular business days of the posting of the notice, it will be sold or otherwise disposed of. Except as otherwise provided in this Section, it shall be unlawful to kill, destroy, or otherwise cause injury to any animal, including dogs and cats running at large. Subd. 2 Biting Animals. Any animal that has not been inoculated by a live modified rabies vaccine and which has bitten any person, wherein the skin has been punctured or the services of a doctor are required, shall be confined in the City Pound for a period of not less than ten days, at the expense of the owner. The animal may be released at the end of such time if healthy and free from symptoms of rabies, and by the payment of all costs by the owner. However, if the owner of the animal shall elect immediately upon receipt of notice of need for such confinement by the officer to voluntarily and immediately confine the animal for the required period of time in a veterinary hospital of the owner's choosing, not outside of County, and provide immediate proof of such confinement in such manner as may be required, the owner may do so. If, however, the animal has been inoculated with a live modified rabies vaccine and the owner has proof of the vaccination by a certificate from a licensed veterinarian, the owner may confine the dog or other animal to the owner's property. Subd. 3 Reclaiming. All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least ten regular business days, unless sooner reclaimed by their owners or keepers as provided by this Section. In case the owner or keeper shall desire to reclaim the animal from the pound, the following shall be required, unless otherwise provided for in this code: A. Payment of a twenty -five dollar ($25.00) release fee and receipt of a release permit from the police; B. Payment of maintenance costs, as provided by the pound, per day or any part of day while animal is in said pound; and C. If a dog is unlicensed, payment of a regular license fee and valid certificate of vaccination for rabies and distemper shots is required. 74 Subd. 4 Unclaimed Animals. At the expiration of ten regular business days from the time any animal is impounded, if the animal has not been reclaimed in accordance with n of this Section, the officer appointed provisions PP ointed to enforce this Section may let any person claim the animal by complying with all provisions in this Section, or the officer may sell the animal to the University of Minnesota, or cause the animal to be painlessly killed and shall properly dispose of the remains thereof. Any monies collected under this Section shall be payable to the Clerk- Treasurer. 100.06 Kennels. Subd. 1 Definition of Kennel. The keeping of three or more dogs on the same premises, whether owned by the same person or not and for whatever purpose kept, shall constitute a "kennel;" except that a fresh litter of pups may be kept for a period of three months before such keeping shall be deemed to be a "kennel." Subd. 2 Kennel as a Nuisance. Because the keeping of three or more dogs on the same premises is subject to great abuse, causing discomfort to persons in the area by way of smell, noise, hazard, and general aesthetic depreciation, the keeping of three or more dogs on the premises is hereby declared to be a nuisance and no person shall keep or maintain a kennel within the City. 100.07 Nuisances. Subd. 1 Habitual Barking. It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries. Habitual barking shall be defined as barking for repeated intervals of at least five minutes with less than one minute of interruption. Such barking must also be audible off of the owner's or caretaker's premises. Subd. 2 Damage to Property. It shall be unlawful for any owner to permit his/her dog or other animal to damage any lawn, garden, or other property. Any animal covered by this subdivision may be impounded as provided in this Section or a complaint may be issued by anyone aggrieved by an animal under this Section, against the owner of the animal for prosecution under this Section. Subd. 3 Cleaning up litter. The owner of any animal or person having the custody or control of any animal shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner whether on their own property, on the property of others or on public property. Any person violating this section shall be punishable by a fine often dollars ($10.00) or five (5) hours of public lands fecal clean- up. Any person who is found guilty of subsequent violations of this section shall be punished by a fine of at least twenty -five dollars ($25.00) but not more than fifty dollars ($50.00). 75 Subd. 4 Other. Any animals kept contrary to this Section are hereby declared a public nuisance and may be abated according to the law. 100.08 Seizure of Animals. Any police officer or animal control officer may enter upon private property and seize any animal provided that following exist: (a) There is an identified complainant other than the police officer or animal control officer making a contemporaneous complaint about the animal; (b) The officer reasonably believes that the animal meets either the barking dog criteria set out in 100.07, subd. 1; the criteria for cruelty set out in 100.13; or the criteria for an at large animal set out in 100.01 subd. 5; (c) the officer can demonstrate that there has been at least one previous complaint of a barking dog; inhumane treatment of the animal; or that the animal was at large at this address on a prior date; (d) The officer has made a reasonable attempt to contact the owner of the property and those attempts have either failed or have been ignored; (e) The seizure will not involve the forced entry into a private residence. Use of a pass key obtained from a property manager, landlord, innkeeper, or other authorized person to have such key shall not be considered unauthorized entry; (f) No other less intrusive means is available to stop either the barking dog, the inhumane treatment of the animal; or the at large animal; and (g) Written notice of the seizure is Left in a conspicuous place if personal contact with the owner of the dog is not possible. 100.09 Animals Presenting a Danger to Health and Safety of City. If, in the reasonable belief of any person or police officer an animal presents an immediate danger to the health and safety of any person, the officer may painlessly kill the animal. Otherwise the person or officer may apprehend the animal and deliver it to the pound for confinement. In such a case, the owner or keeper of the animal shall be liable for the cost of maintenance provided, and if the animal is destroyed, a charge of ($75.00) to dispose of the animal. If the animal is found not to be a danger to the health and safety of the City, it may be released to the owner or keeper in accordance with this Section. The animal may be released to other persons in accordance with this Section. 100.10 Diseased Animals. Subd. 1 Running at Large. No person shall keep or allow to be kept on his or her premises, or on premises occupied by them, nor permit to run at large in the City, any animal which is diseased so as to be a danger to the health and safety of the City, even :hough the animal be properly licensed under this Section. Subd. 2 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 in the pound by any person or police officer. The police officer shall have a qualified veterinarian examine the animal. If the animal is found to be diseased in such a manner so as to be a danger to the health and safety of the City, the officer shall cause 76 public property in an a sidewalks, or any rtY apparent attitude of attack; or YP P P known history of propensity, c. Has the kno ry p P tY , tendency or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (3) Proper enclosure. Proper enclosure means 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. Such enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications: a. Have a minimum overall floor size of thirty -two (32) square feet. b. Sidewalls shall have a minimum height of five (5) feet and be constructed of 11 -gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one - and - one - quarter -inch or larger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of eighteen (18) inches in the ground. c. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two (2) inches. d. An entrance /exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two (2) inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. (4) Unprovoked. Unprovoked shall mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed. (d) Designation as potentially dangerous animal. The court or environmental health officer shall designate any animal as a potentially dangerous animal upon receiving such evidence that such potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic animal as stated in subparagraph (c)(2). When an animal is declared potentially dangerous, the environmental health officer shall cause one (1) owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. 78 such animal to be painlessly killed and shall properly dispose of the remains. The owner or keeper of the animal killed under this Section shall be liable for a fine of seventy-five cost maintaining and disposing of the animal, dollars ($75.00) to cover the cos of g p g plus the p costs of any veterinarian examinations. Subd. 3 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 or keeper free of charge. 100.11 Dangerous Animals. (a) Attack by an animal. It shall be unlawful for an owner to fail to restrain an animal from inflicting or attempting to inflict bodily injury to any person or other animal whether or not the owner is P resent. Violation of this section shall be a misdemeanor punishable by a fine not to exceed seven hundred dollars ($700.00) or imprisonment for not to exceed ninety (90) days, or both. This section shall not apply to an attack by a dog -d law enforcement officer or to an attack an uninvited upon the control of an on -duty a p intruder who has entered the owner's home with criminal intent. (b) Destruction of dangerous animal. The animal control officer shall have the authority to order the destruction of dangerous animals in accordance with the terms established by this ordinance. (c) Definitions. (1) A dangerous animal is an animal which has: a. Caused bodily injury or disfigurement to any person on public or private property; or b. Engaged in any attack on any person under circumstances which would indicate danger to personal safety; or c. Exhibited unusually aggressive behavior, such as an attack on another animal; or d. Bitten one (1) or more persons on two (2) or more occasions; or e. Been found to be potentially dangerous and/or the owner has personal knowledge of the same, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. (2) A potentially dangerous animal is an animal which has: a. Bitten a human or a domestic animal on public or private property; or b. When unprovoked, chased or approached a person upon the streets, I 77 (e) Evidence justifying designation. The court or environmental health officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following: (1) That such animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). (2) That such animal has been declared potentially dangerous and such animal has then bitten, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). (f) Authority to order destruction. The court or animal control officer, upon finding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one (1) or more of the following findings of fact: (1) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or (2) 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. (g) Procedure. The court or animal control officer, after having determined that an animal is dangerous, may proceed in the following manner: (1) The animal control officer shall cause one (1) owner of the animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make such orders as deemed proper. This owner shall be notified as to dates, times, places and parties bitten, and shall be given fourteen (14) days to appeal this order by requesting a hearing before the animal control officer for a review of this determination. a. If no appeal is filed, the orders issued will stand or the animal control officer may order the animal destroyed. b. If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the animal control officer, who shall set a date for hearing not more than three (3) weeks after demand for said hearing. The records of the animal control or city clerk's office shall be admissible for consideration by the animal control officer without further foundation. After considering all evidence pertaining to the temperament of the animal, the animal control officer shall make such order as he/she deems proper. The animal control officer may order that the animal control supervisor take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into 79 custody for destruction, the owner shall immediately make the animal available to the animal control supervisor and failure to do so shall be a misdemeanor. c. Any person who harbors an animal after it has been found by the animal control officer to be dangerous and ordered into custody for destruction shall be guilty of a misdemeanor. (h) 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 the victim. (i) Notification of new address. The owner of an animal which has been identified as dangerous or potentially dangerous must notify the animal control officer in writing if the animal is to be relocated from its current address or given or sold to another person. The notification must be given in writing at least fourteen (14) days prior to the relocation or transfer of ownership. The notification must include the current owner's name and address, the relocation address, and the name of the new owner, if any. 100.12 Dangerous animal requirements. (a) Requirements. If the court or environmental health officer does not order the destruction of an animal that has been declared dangerous, the court or animal control officer shall, as an alternative, order any or all of the following: (1) That the owner provide and maintain a proper enclosure for the dangerous animal as specified in section 100.11(c)(3); (2) Post the front and the rear of the premises with clearly visible warning signs, including a waming symbol to inform children, that there is a dangerous animal on the property as specified in Minnesota Statute 347.51; (3) Provide and show proof annually of public liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00); (4) If the animal is a dog and is outside the proper enclosure, the dog must be miv7led and restrained by a substantial chain or leash (not to exceed six (6) feet in length) and under the physical restraint of a person sixteen (16) years of age or older. The munie must be of such 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; (5) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in Minnesota Statute 347.51; 80 (6) Provides and shows proof of microchip identification as required in section 200.16; (7) All animals deemed dangerous by the animal control officer shall be registered with [provide name of county wherein your city lies] County within fourteen (14) days after the date the animal was so deemed and provide satisfactory proof thereof to the animal control officer. (8) If the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccination. (b) Seizure. Animal control shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within fourteen (14) days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to district court. (c) Reclaiming animals. A dangerous animal seized under subsection 100.12(b) may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to animal control that each of the requirements under subsection I00.12(b) is fulfilled. An animal not reclaimed under this section within fourteen (14) days may be disposed of as provided under section 100.11(0, and the owner is liable to animal control for costs incurred in confining the animal. (d) Subsequent offenses. If an owner of an animal has subsequently violated the provisions under section 100.11 with the same animal, the animal must be seized by animal control. The owner may request a hearing as defined in section 100.11(0. If the owner is found to have violated the provisions for which the animal was seized, the animal control officer shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of subsection 100. I2(c). If the animal is not yet reclaimed by the owner within fourteen (14) days after the date the owner is notified that the animal may be reclaimed, the animal may be disposed of as provided under section 100.11(0 and the owner is liable to the animal control for the costs incurred in confining, impounding and disposing of the animal. 100.13 Basic Care. All animals shall receive from their owners or keepers kind treatment, housing in the winter, and sufficient food and water for their comfort. Any person not treating their pet in such a humane manner will be subject to the penalties provided in this Section. 100.14 Breeding Moratorium. Every female dog or female cat in heat shall be confined in a building or other enclosure in such manner that it cannot come in contact with another dog or cat except for planned breeding. Upon capture and failure to reclaim the animal, every dog or cat 81 shall be neutered or spayed prior to being transferred to a new owner. 100.15 Enforcing Officer. The Council is hereby authorized to appoint any police officer(s) to enforce the provisions of this Section. In the officer's duty of enforcing the provisions of this Section, he or she may from time to time, with the consent of the Council, designate certain assistants. 100.16 Pound. Every year the Council shall designate an official pound to which animals found in violation of this chapter shall be taken for safe treatment, and if necessary, for destruction. 100.17 Interference with Officers. No person shall in any manner molest, hinder, or interfere with any person authorized by the Council to capture dogs, cats or other animals and convey them to the pound while engaged in such operation. Nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt to take from any agent any animal taken up by him or her in compliance with this Section, or in any other manner to interfere with or hinder such officer in the discharge of his or her duties under this Section. 100.18 Violations and Penalties. Subd. 1 Separate Offenses. Each day a violation of this Chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this Section. Subd. 2 Misdemeanor. Violation of this Section shall constitute a misdemeanor. 82 INFORMATION SERVICE MAY 4 1999. Classification ;M 6 League of Minnesota Cities 1 University Ave E. Municipality t. Paul, MN 55101 SUBDIVISION S.QUARANTINE Date !W � OF CERTAIN DOGS OR CATS. Subject U0 Any dog or cat which bites a person shall be quarantined for such time as may be directed by the City Health Officer. During quarantine the animal shall be seeurely confined and kept from =tact with any other animal. At the discretion of of _ . the Health Officer, the quarantine VUBLIC NOTICE � h 1 may be on the premises of the A - I J " owner, however. B Use Health ORDINANCE NO.116 Officer requires other confinement, AN ORDINANCE FOR THE the owner shall surrender the L.who shall give notice of the in. CONTROL OF DOGS AND CATS animal for the quarantine period to pounding to the owner of such SUBDIVISION 1. RUNNING AT as animal shelter or aril, at his own animal If known."H the owner is un- LARGE-PROHIBITED. No dog or expense, place it in a veterinary known, the officer shall pat notice eat shall be permitted to run at large hospital at the pound and at the city hall that *Min limits of the City. This SUBDIVISION 6. PROCEED- Aft the animal is not claimed within restriction does not prohibit the DIGS FOR DESTRUCTION OF five (5) days of the posting of the appearance of any dog or at upon CERTAIN DOGS OR CATS. Upon notice, it will be disposed of. streets or public property when sworn complaint to -the County B. REDEMPTION. Any dog or Court that any one of the following st maybe redeemed by from the inch animal l • leash and la kept facts exists: 6 pound by the owner within the time Wider control of f the person charged .stated in the notice by the Mm care. - A That any dog or at at any 7 payment time km destroyed to the clerk of the license fee for the SUBDIVISION . LICN 2. LICENSE. - habits trespasses ses i £ damaging l property " convent year. V unpaid. together A. LICENSE REQUIRED. No W In a with impounding fee of $5.00 per day person shall keep arty dog or at manner on to property of persons other than the owner, . =' And a charge of 81.00 for feeding for w inusi the Cie therefore securing he day the animal is impounded manual license therefore from the B. Thal any dogamtat any time I~ C. DISPOSITION OF UN- Clerk. who shall keep a record of all has attacked or bitten • person _ CLAIMED -DOGS OR CATS. Any licenses issued and shall issue a outside the owner's or custodian's dog or cat which L not redeemed metal tag for each license. Prior to premises; .. within the time a • the City B Clerk Issuing the license. • 0. That any dog or at is vicious specified in B may p : :i rovid for est lace than t the the person applying far the Same or shows vicious habits or molests provided in n that subdivision subdivision to than ion W ag produce proof that the animal pedestrians a interferes with has received it for rabies. vehicles on the public streets: or ru seyons o ring is purchase art i a licensed dog B. LICENSE FEE; EXPIRA- D. That any dog or at is • public educational nsf request by TION. The annual license fee shag nuisance a heretofore defined. seder Minnesota institution Statutes. Section be 82.00 for each male dog or at or Ilse judge shall issue a summons a4,71. A$ sums received fa addition spayed female dog or tat and 15.00 directed to the owner of the animal to the fees affixed by Subdivision 2 for eaeh unspayed female dog or eat. ' commanding him to appear before shag be Every license shall expire on the last Use Court to show cause why the ■ makes a claw within one year of the e day of March next following its animal should not be seized by any I sale and furnishes satisfactory proof issuance. police officer, or otherwise disposed 1 of ownership. Any dog which is not .C. AFFIXING TAG. Tke owner of in the manner authorized in this , :chimed by the owner er sold shall be Shall permanently a the tag to part. Such summon shall be rte painlessly killed and buried by the ' the collar of the dog or at so turnable not less than two nor more poundmaster• licensed in such manner that the tag than six days from the date thereof . D. POUNDMASTER. The may be easily seen. Te owner shall and shall be served at least two days Pistruimester of the City shall main see that the tagis contently worm by before the time of, the scheduled tale the dty pound and perform the dog or at. appearance. Upon such hearing and ether duties hummed on him by this SUBDIVISION & NUISANCE. fording Use facts true as complained Part. The owner or custodian of any dog of, the Court may either order the 'SUBDIVISION & PENALTY. er at shall prevent the dog or at dog or est killed or order the owner Any person keeping a dog or at from maintains in the City, any net or eustodian to remove it from the without a license or allowing a dog Width constitutes a nuisance. 8 is a. efty, ce may order the owner or or at under his control to run at Sane. for any animal to habitually custodian to keep it confined to a or frequently Lark or try at night, to designated place. If the owner or '. � n guStj o[ • petty min school grounds, parks or custodian violates such order, an public beadles, to chase vehicles, to g i V Passed t 6. by the Bagley City Council molest or annoy a a dowel esert may impound the in such order. The T he i A 6. 1985. person away or at d from the property of hl. owner or Provisions of this section are in adds- • Myron R. Cartwright, M of Mayor m defile, custodian, or to damage, dee, or lion to and supplemental to other Attest: y destroy public or private property. previdoas of this part .1. W. Street Failure of the owner or custodian of Costa of Use proceeding specified ' Clerk-Treasurer the dog or at to prevent the animal by this section shag be assessed , Published in Farmers Inde- Iran eommitting such a nuisance is • against the owner or custodian of • violation of this ordinance. the animal, if the facts in the rm. pesdent August 14. 1985. SUBDIVISION 4. CONFINE plaint are found to be true, or to the (Itel MENT OF CERTAIN DOGS OR complainant if the facts are found to CATS. Every female dog or at in be untrue. heat shag be confined ins building SUBDIVISION 7. IMPOUND- or other secure enclosure in such ING. manner that it cannot come into A. POLICE TO IMPOUND. Any contact with other doge or cats. -dog or eat found not licensed or except for planned breeding. , running at large contrary to the provisions of this ordinance may be impounded by any police officer, • INFORMATION SERVICE Classification # 3o B2 League of Minnesota Cities Municipality 8l Foy*, 183 University Ave E. g Paul, MN 55101 Date (0 -13 —�1 tit 31991 Subject tc? AMENDMENT 3 TO ORDINANCE NO. 96 CITY OF BIGFORK, MINNESOTA An Ordinance to amend Ordinance No. 95 regulating the possession of potentially dangerous dogs. . Subdivision 1 (A) Include "cat" so as to read: dog or cat" in every part of Ordinance 95 or its Amendments. Subdivision 2 • (A) In the event that a dog or cat bites a person, and the owner cannot provide immediate proof of current rabies vaccination for this animal, the dog or cat shall be immediately taken by the City of Bigfork, or its agent and impounded for aperiod of ten days. (B) The owner shall have five cal- endar days .. after the ten day impoundment to reclaim the dog or cat, and pay the fees. . (C) if the dog or cat is not claimed after the five days, the City of Bigfork may destroy or dispose of the animal in a humane way. (D) The total cost of impoundment and disposal of the dog or cat shall be the owner's responsibility. Penalty: Any person found to be in violation of any provision of.. Subdivi- sion 2 of this amendment shall be guilty of a Misdemeanor. This Ordinance shall be in effect immediately upon publication. Adopt ed by the City Council of the City of Bigfork, Minnesota this 14th day of May, 1991. Liz Latterell, Mayor Attest: Karen Lakso, Clerk City of Bigfork 44DWch 5oBa- $nz er4 Brainerd City Code 901.01 (Rev. 1995) Section 901 - Cats 901.01. Definitions. Subd. 1. The terms defined in this subsection have the meaning given to them. Subd. 2. "Owner° means any person owning, keeping, harboring or acting as custodian of a cat. Subd. 3. "Cat" means all cats over six (6) months of age. Subd. 4. "At large" means the cat is off the property of the person owning, harboring or keeping said animal. Subd. 5 -. "License Year" shall mean the period from January 1 until the following December 31. 901.03. Duties of Animal Control Officer. The Animal Control Officer established by Section 900.03 of the Brainerd City Code shall perform the following additional duties: Subd. 1. Investigate all reported incidents wherein a cat has bitten a person and confirm that said animal is quarantined as required herein. Subd. 2. Provide a written monthly report to the City Council as to the activities of the Animal Control Officer; relative to this ordinance. Subd. 3. Such other matters as may be prescribed by the City Administrator. 901.05. Animal Housing. Minnesota Statute §346.39 is hereby adopted by reference the same as if it was fully set forth. 901.07. Kennels. No person may maintain a kennel in the City of Brainerd for cats without securing a license therefor from the City Administrator along with the payment of the fee as set forth in Chapter X of the Brainerd City Code. Such license shall be in addition to the kennel license as prescribed in Minnesota Statute Sections 347.31 to 347.40. • 901.09. Cats Running at Large. Subd. 1. No cat will be permitted to run at large within the limits of the City. Subd. 2. Impounding. Designated Animal Control Officer may impound any cat found running at large within the City of Brainerd. If impounded, the cat will be held for seven (7) days and may be reclaimed by payment of the impound fees to the pound master. Brainerd City Code 901.11 ( 901.11. Licensing; Procedure: Fees. Subd. 1. Licenses. No cat over the age of six (6) months may be kept within the City without license. Licenses shall be issued by the City Administrator or designee upon payment of the fees. Subd. 2. Fees. The owner of a cat shall pay the license fee imposed by Chapter X of "the City Code, on or before the first day of January in each year, or within thirty (30) days of acquiring ownership or possession of any unlicensed cat. Owner must have proof of spaying or neutering and rabies vaccination to get license. 901.13. Disposition of Unclaimed Animals. Any cat which is not claimed as provided in this Ordinance after seven (7) days of impounding may be sold to anyone desiring to purchase the animal, the amount of which shall be ascertained by the Animal Control Officer, and the impound cost. Such fund shall be placed in the general fund of the City. Any animal which is not claimed by the owner or sold, shall be euthanized and buried at the direction of the pound master. 901.15. Vaccination: Rabies: Procedure. Subd. 1. Vaccination Required. Every cat six (6) months of age and older, at the expense of the owner, shall be vaccinated against rabies and shall be revaccinated in thirty -six (36) month intervals thereafter or as directed by a proclamation of the City Council ordering more frequent vaccinations in the event of a rabies outbreak. Subd. 2. Rabies Proclamation. Whenever the prevalence of rabies renders such action necessary to protect the public's health and safety, the City Council, upon advice of the Crow Wing County Health Officer, shall issue a proclamation declaring such emergency. Any cat running at large during the time fixed in the proclamation suspected of being rabid, may be euthanized by the Police Department or Impound Agent without notice to the owner. Subd. 3. Certification. At the time of vaccinating a cat or cats, the owner shall request from the veterinarian a certificate of rabies vaccination, which shall include the following information: (a) Owner's name and address; (b) Description of the animal; (c) Date of vaccination; (d) Rabies vaccination tag number; (e) Signature of the veterinarian. • Brainerd City Code 901.15, Subd 3 (cont.) A copy of the certificate shall be furnished to the owner of the cat and a copy retained by the issuing veterinarian. The veterinarian and the owner shall retain their copies for the interval between vaccinations specified in Subd. 1. Further, the owner shall obtain from the veterinarian a tag serially numbered as evidence that the cat has been vaccinated. Said tag must be attached to a collar worn by the cat while off the premises of the owner. Subd. 4. Unvaccinated Cat Bites Person. Any cat suspected of being afflicted with rabies which has not been vaccinated in accordance with this Section, that has bitten a person or caused an abrasion of the skin of such person, shall be seized and impounded for a period of not less than ten (10) days. If, upon examination by a veterinarian, the cat has no signs of rabies at the end of impoundment, it may be released to the owner. If the veterinarian determines that the cat is rabid, said animal shall be euthanized. Subd. 5. Vaccinated Cat Bites Person. Any cat vaccinated in accordance with this Section which has bitten a person shall be confined by the owner or at the City pound or other location designated by the City for a period of ten (10) days, at which time the cat shall be examined by a licensed veterinarian. If no signs of rabies are observed by the veterinarian, the cat may be released from confinement to its owner. If the veterinarian determines that the cat is rabid, said animal shall be euthanized. Subd. 6. Cat Bitten by Rabid Animal. In the case of a cat being bitten by a rabid animal, the following rules shall apply: (1) Unvaccinated Animals. (a) In the case of cats which have not been vaccinated in accordance with this Ordinance which have been bitten by a known rabid animal, said bitten animal shall be euthanized upon the written consent of the owner. (b) If the owner is unwilling to have the bitten cat euthanized, strict isolation of the cat in a kennel under veterinarian supervision for a minimum of six (6) months shall be required. Payment by the owner may be required in advance at the option of the veterinarian. • C• Brainerd City Code 901.15 Subd. 6 (Cont.) (2) Vaccinated Animals. If the bitten cat is vaccinated in accordance with the provision of this Section, the cat shall be held as follows: (a) The cat shall immediately be revaccinated and confined at the owner's home for a period of thirty (30) days following revaccination; or (b) If the cat is not immediately revaccinated, the animal shall be confined in strict isolation in a kennel for six (6) months under the supervision of a veterinarian. - (3) In either situation, that is (1) or (2) of Subd. 6, if the veterinarian determines that the bitten cat is rabid, said cat shall be euthanized. Subd. 7. Payment of expenses. The owner of the cat shall bear all expenses relative to compliance with the terms of this Section including, but not limited to, impound charges and all test and services provided by a veterinarian. 901.17. Penalty for Violation. Any owner who is found to be in violation of any provision of this Ordinance shall be guilty of a misdemeanor and punished accordingly including the payment of all appropriate costs as prescribed in this Ordinance. Revised Ordinance No. 993. 1 Classification 506 9 Municipality 0 Sj L i I LMC AWL. i Date 1 Ledges ° Minnesota Cities Cities proinot eseeilence • Research and Information Service ORDINANCE NO. 90A Seaton 5. Failure to Obtain License Section 12. Confinement of Animals. State of Minnesota stating that the Immunity A N ORDINANCE LICENSING AND Ifgte owner of an animal subject to license lot No animal shall be allowed by its owner to run Is in excess of the periods therein stated. The REGULATING DOGS AND CATS, the City o f Cologne fails to obtain suck at large. The police or animal control officers veterinarian shall State on the certificate or PROVIDING FOR IMPOUNDING DOGS license shall be subject to afine of 525.00 per of the City shall take up and impound any • vaccination the type of vaccine used. If not AND CATS, AND PRESCRIBING A animal. (f eller an Imposition of the fine, the animal found at large in violation of this I stated, it shall be assumed a killed viral PENALTY FOR VIOLATION owner continues to fail to obtain a license for provision, and shall deal with said animal In I vaccine was used.Vaccina(ions shall be • sudiWilmat eact1`subaeg0enpyalrfinal accordance with the provisions of this i performed only by a doctor qualified to OFthe owner taws to obtain suc F can4B Shop Ordinance. - practice veterinary medicine in the state in THE CITY COUNC FTt$e COLOGNE, Mffffjjj111flflfl���E ,,, 0 OyRHkD,Fbe deemeda'aestate viola7Wt Section 13. Animal Nuisances. The which the animal is vaccinated. A veterinarian AS FOLLOWS : ' .l ( � ) additional line of $25.00 for each such owner or custodian of any animal shall who vaccinated an animal to be licensed in N � lone. For are purpose - Y y / suf V cesaive day. prevent the animal from committing in the the City of Cologne shall complete a Section 1. Ds a Seniors 6,' Impounding. Upon the City any act which constitutes a nuisance. Iris .cenification of vaccination in triplicate. One of this ordinance, certain terms and words taiUng eItecf�tmb Ordinance, ale Pollee and a nuisance tor any animal to habitually.or -.copy shall be Issued to the animal owner for animal control officers of the City are frequently bark or cry, to frequent school 'affixing to the license application, and one are defined as follows: authorized to take up and impound any grounds, playgrounds, Plailn9 lie! 63 . Parka, •cepy shall be retained in the veterinarian's 1. •Ammer means any dog or cat. animal found al lane in the Cif) and arty public caches, to chase vehicles. to molest 6le 2. "Owner' means any person, firm or unlicensed animal: and to enforce this or annoy any person away from the property Section 19. Kennel Defined. A private have c non who shell own, harbor or keep or Ordinance said officers am empowered ro of his owner or custodian, or to damage, • kennel Is any place where mote than two (2) have custody of an animal, or the parents or amen upon any private premises whether defile, or to destroy public r pr property. I animals over Mx (e) months of age are kept guardians of a person under 18 years of age they have reasonable cause a believe there Failure of the owner or custodian of an ' or harbored, such animals being owned by who s who shall own, bather, keep or have asady is an unlicensed animal. el m prevent Ole animal from committing the owner orf lessee of the premises wherein Man atlarg Section . Notice of impounding. animal whereupon the animals are kept or th 3. 'At large' shall mean o6 the Premises o BA s Upon taking up and impounding any animal, such a nuisance is a violation of Ibi harbored. A Ole al kennel is any place e owner and not under restraint. The term the animal control officer may within 24 hours Ordinance• where a A non, firm a kennel i a any accepts 'under restraint' shall mean under coned m' thereafter post, In one or more conspicuous Section 14. Interference .. With where a from the general public and where s of a leash not exceeding six (6) feet in n pPlaces In the Ciry. a Notice of Impounding in Officers. It shall be unlawful for any person ouch animals am kept for 1116 purpose of selling or within the property of the owner's lose. substantially the following tam: (To bo Provided} to break open the pound or to attempt to do g boarding, breeding, training, treating so, or to take a let out any animal therefrom, S. "Sterilized' means neutered in the rase Section 7. Redemption. Any animal or to take or anempt to take from any officer or S i � g' 2g. KOnn•is, of male animals or spayed in the case of may b redeemed from the City Pound by the any animal taken up by him in compliance Section 20 01 Kennel License. No person, female animals, owner within the time stated in the N otice by with this Ordinance, or in any manner bum or tio 2 0.01 shall maintain in Nis Ciry a Se owner 2. License any animal ed. No the payment to the City Clerk of an interfere with or h such officer in the Iprlya{o Apr. at k n jnerrii m ken el, withbut, animal owner shall keep any animal within impounding lee of 515.00 and costs for each discharge o his d uties under this Ordinance. the City after are first day of March 1994 d ay the an is co n fi ne d in t e pound. Section 15. Offense Involving Animal C�.ourI ,i2 8 ?. .the(aa e from. t Ciry unless a license macabre has been firs[ Ta s. 11 shall be unlawful to counterfeit or oar (mss ki auchlcerinel license secured. Licenses shall be Issued by the City With any unpaid license fee en the anempt ID counterfeit the tag provided fo in shall be $25.00 per year. Seceen 19 and 20 • Clerk a Deputy Clerk fora lee of $3.00 for current year. In the woe of unlicensed Section 4 of this Ordinance to take from any a this Ordinance noIwithatantlinp, no license each sterilized dog and 55.00 for each rmdaun l • ded an S ection 2 of this shall be required for a private kennel Ordmance notw $I0.00 tor sterilized g, the annual animal a tag legally placed upon it by another upon tract or parcel of land being used for and 55.00 for each unsterilized cat. Every unsterilized dogs and cats. 8111R1alh a a agriculture as that term is defined in the license application for a license. shall be Section 8. Release. Upon the, Section 16. Animal Tags Not 9 accompanied by a certificate from a qualified Transterable and Fee Not a' t Refunded. zoning Ordinance and it said cats are kept veterinarian ahowin that the animal a be presentation of a correct l icense tag and a s shall not b0 transferable from for rodent control proposes incident to the 6 receipt for an animal license and for Animal ta the fees g daltural use of said tract of lend. licensed has been given a vaccination provided in Section 7, the animal control One animal to another, and no rotund shall be Section 20.02 Renewal of Kennel License. against rabies as required by Section 18. The officer shall release to any owner the animal made on any animal license fee because 9 Kennel licensee shall expire en the 30th day applicant for a license for a sterilized animal chimed by him. - Bea of the animal, o r because of leavin of A follow the is suance. Upon • snow present a statement from a qualified Section 9. Du licate Animal Ta s. the Ciry by the owner prier to expiration of the Duplicate B , application lor renewal of a kennel license, veterinarian indicating . Lic s that the animal has any g - license. an authorized City employee shall inspect the use case w an animal t is lost, a been sterilized. Licenses shall expire on the duplicate may be issued by the City Clerk Section 17. Muzzling Proclamation. 28th day of February in the second year alter upon presentation a a recei t showing ma When the prevalence of refries renders kennel of the applicant end said City issuance. P such a ction necessary to protect th pu blic • employee shall submit w the City Clerk either payment of the license tee for the current an affirmative ardfcadon that said kennel is Settle^ 3. Cate 01 Payment. It shall be yew. Adtarge o $ .50 shall be made breach health and safety, the Mayor shall i ssue a elntained In a neat, orderly and sale the duty of each Owns of an animal to pay suupg. proclamation ordering every person owning ch dlicate ta itlon a a negative certification that said the license tee imposed In Section 2 to the Section 10. Disposition of Unclaimed or keeping an animal to muzzle it securely m ennel Is car negative c ne0. The City clerk City duly On a Setae the first day a A so March, Any that i cannot bite No person shall violas y Issue a renewal kennel license provided n animal wh en i s nal claimed as or upon acquiring ownership or possession provided in Section 7, within five (5) days such proclamation, and any animal running ., of any unlicensed nimal or upon alter impounding, may be sold for not less at large during the time l i ne d i n th a. The aforementioned certificate is establishing residence in the City. Animals not than the amount provided in Section 7 to Proclamation shall be killed by the police or Irritative: and, licensed in accordance with this Section shall anyone desirin a purchase the animal. An animal control aficer w notice to the desiring Y b. No complaints have been received by pay a late fee or been per animal, except i f animal which is not claimed by the o wner or owner. the Ciry. the animal has been impounded and not sold shall be epainlessly disposed of and Section 16. Refries Vaccination. After In all other cases, the kennel license shall buried by the animal control officer. licensed, in which case. Section 7 shall the effective date of this Ordinance, no be roan other rca upon City Council approval. W h r an GO MM Whenever licensed educational or lic ense shall De granted for any dog which Section 21 Abandonment Prohibited. Section 4. Receipts and Animal Tags. scientific institution shal re quest, pursuant a alas not have a valid vac cination a No firm or corporation shall abandon Upon the payment of the license fee, me Minnesota law, any impounded animal for . rabies for the calendar year in which the o Pe a nimal within the Ciry, ,� owner of said licensed animal shall be research purposes, any such impoundetl .license is to be issued. Alter February 1, - ilk receipt therefore, together with a animal remaining unclaimed for live (5) days 1994• no license shall be granted for any cat �16 le tag. The owner shall cause said lag alter impounding shall be surrendered to which does not have a valid vaccination �� affixed bye permanent fastener to the such inslillldon, against rabies for the calendar year in which collar of the animal s° licensed In such a Section 11. Establishment of ■City the license is to be issued. A valid vaccination manner that the tag may easily be seen by pound.The Ciry may construct and maintain shall be deemed to be one (1) year for cats the officers of the City. The owner shall see an animal pound, or the .Council may and one (1) yew for dogs vaccinated with a that the tag Is constantly worn by such ' designate as the animal pound a suitable modified live vaccine: except that the period animal, - " ' kennel either within or without the City limits. of immunity may be extended to no more The animal control officer shall keep than 36 months for dogs vaccinated with a aaounrs animals impounded at meaty modified live vaccine upon written Pound and their tliapositien; and shall girt cemfication by a licensed veterinarian In the over Stich accounts to the Cfv Clerk upon Sect Ion 22. Proos • g for fo _ -- Destruction of Certain Animals. the City Clerk. The Council may establish by Upon. sworn complaint to the court or resolution. from time 10 time; an amount to be proper jurisdiction that any one of the I retained by said deputy animal licensing following facts exist: clerk, as a service charge for services a. That any animal at any time has performed. The authority and duties of destroyed property or habitually trespasses I deputy animal licensing clerks may be in a damaging manner on property oft terminated by the City Council at any time persons other than the owner: . i ;with or without notice and with or without b. That any animal at any firths has Icause, Prior the appointment of any deputy 27,02 Animal Bites Animal: Impoundment. attacked or bitten a person outside of !animal licensing clerk, the Council may Any animal known to have been bitten or owner's or custodians' premises; stipulate such condition and restriction upon exposed to rabies shall be impounded and c. That any animal is vicious or shows the apppiniment and the performance t the destroyed, provided, however, That such violate habits or molests pedestrians or appointees' duties as the City Council may animal may be immediately destroyed, it with interfere* with vehicles on the public sight-of- r deem necessary for the protection of the reasonable effort it cannot first be taken up way or highways: and ; public interest and to secure compliance with and Impounded. It such an animal is d. That any animal is running at large in the requirements and standards of this impounded, it shall not be destroyed it the violation ofthls chapter. Ordinance, owner makes provisions for suitable Said coup may issue a summons directed Section 24. Animal Bites. Any polies or quarantine for a period of not less than Six (6) to the owner or custodian of said animal animal control officer of the City may enter months, or proof of immunization is furnished commanding him to appear before sold court upon the private property or any person In and booster Injections are given by a to show cause why said animal should net be pursuit of any animal under probable cause licensed ve[ednanan at the expense of the seized and destroyed by any police or animal I or believe that such animal has bitten a °'w control officer, or otherwise disposed of in the :Demon or another animal, or that such Section 28 Penally Any person, firm, or manner authorized In this Ordinance. Such animal Is rabid. corporation violating a provision of any this summons shall be returnable not leas than i Section 25.' Implied Consent. Any OrJuraiko shill uptirf loft nit?�i'e7gtiii; erson who shall be an animal owner in the golly oI a m(adenhe$nor anp' all e two (2) nor more than six (6) days from the • Cl „t tt o , date of service Hereof and shall be served al City hereby grants an implied consent for Punis(tAA a Ime oYiro more ih'3n $700.0d leas[ two (2) days before the time of the entry upon his premises, without express andor imprisonment in the County JalI for not appearance mentioned therein. Upon consent, to the animal comet officer or police more than ninety (90) days. The Carver County officer for the purpose of enforcing County Sheriff, any law enforcement officer hearing and finding the facts true as provisions of this Ordinance, under contract with the City , any animal complained of, the court may either order the Section 26. Destruction. Except as control officer retained by the City or the City anima( destroyed or order the owner or expressly authorized by statute, it shall be Clerk may issue citations for any violation of custodies to keep It confined to a designated unlawtd for any this Ordinance. place- a the owner or animal violates such Y C ity. a other Nan an t Section 29. everabillt I1 an order, any police or anima( control officer O agent , o d City. acting pursuant which th this ti S il y wort of Ordinance, to destroy any animal which has competent jurisdiction shall adjudge any described in such' order. The' provisions of provision of this Ordinance to be invalid, such may impound or destroy any animal bitten any person or animal unless such animal has been determined to be or is rabid. judgment shall not affect any other provisions this section are In additon ib and Section 27. Biting Animals. of this Ordinance not specifically included In supplemental to other provisions of this Section 27nmal Bites Human Being; said judgment. chapter. 01 Ai Costs of the proceedings Impounded by Owner. Section 26 Section 30. Repeal. City Ordinance No. prsse g specified by this ng, whenever any 90 is h repealed. section be assayed against the owner Y Pe hereby Pe owning, possessing or harboring arboring a animal Section . all Ef Date. This or custodian the of the animal if the taste in e within the corporate limits of the City shall Ordinance shall be In full force and effect complaints are found to be untrue- learn that such animal has bitten any human from and after its passage and publication Section 23. Deputy Animal Licensing grin such person shall immediate) this 4th da of October, 1993. Clerks. The City Council may from time to Impound such animal Impound a y y Paul WIckenhauser, Ma time by resolution, designate ate and appoint a period of ten (1b) Mayor days separate pe rapart from other animals • receipt of the fee shall knish to the own�rd under the supervision of a licensed Attest Susan Johnson. any animal, a license tag as approved q' veterinarian until it is determined whether the City Clerk animal had or sa Ordinance. Such deputy animal licensing has rabies. I( the animal is i GOO) shall not be authorized, however, to found to be rabid, it shall be destroyed, (Published in Na Norwoad•Young America [ any impounding imes Oct. le, 1993) �, accept payment for fine, ice oundin 1. Notice to the Cl Ciry, The owner shall notify -- - - - - ' charge, per diem Impoundment charge, . the City Clerk and animal control officer of kennel license fee or other penalty or charge such Impoundment, established ,by. this . Ordinanc.. All license • 2. Impoundment by the City If the owner fees collected by any - audi deputy animal , be advised of the animal bite within licensing deck shall be remitted monthly to the two (2) hours following the occurrence, or - - - -. if the owner fails to impound the animal as '- required in the section, the City Police or • animal control officers shall cause such . animal to be impounded, 11 the. animal is found to be rabid, it shall be destroyed; lilt Is - found not to be rabid, it. shall be reamed to . the owner provided the owner shell Brat pay for the cost of keeping said animal. II the owner does not pay such cost within five (5) • days alter he has been notified to deice or retrieve his animal, the animal Ally be _disposed of as provided in this Ordinance. _. _. duties with regard to enforcement equal to the cost to the City of ' this ordinance. All police. or keeping such cat in the City animal police officers, as defined in this shelter. If the cat so reclaimed ordinance, shall be deemed to requires a license under the pro- have, in addition to the power to visions of this ordinance, the impound cats, all police powers license shall be obtained before the necessary to enforce this ordi- cat is released. nanee and to cite owners of cats for Section l2: Cruelty to Cats. violations of this ordinance. The police may take posses - Section 9: Impounding Cats. sion of any cat which is being kept A. The police, as defined in in a cruel or inhumane manner, or this ordinance, may take up and when it is necessary to impound impound any cat found not to be such cat as herein provided by this kept, confined or licensed in the ordinance. manner required by this ordi- Section 13: Exemptions. nanee. Hospitals, clinics or other B. Any owner shall produce premises operated by licensed for the inspection of the police his veterinarians exclusively for the cat's tag and /or a receipt indica- care and treatment of animals are Ling payment of the license fee exempt from the provisions of this when requested by such official. ordinance except where such C. No person shall interfere duties are expressly stated. with, hinder or molest the police Section 19: Site Cases. or any of their assistants in the It shall be the duty of every performance of their duties here- physician or any other person to under, or attempt to release any report to the police the names and animal from the City animal shel- addresses of persons treated for ter except as herein provided. bites inflicted by animals within D. Any cat impounded under the City of Circle Pines, together this ordinance shall be confined in with such other information as will the City animal shelter in a be helpful in rabies control. humane manner for a period of not Section 15: Protection for less than five (5) regular business Cats. days of the impounding agency. as It shall be unlawful for anyone defined by state law, if not claimed to place upon .. the ground, or in any prior thereto by its owner. There- other manner, any poison, bait, after said cat shall become the ground glass or any other device property of the City and may be or thing intended to harm a cat. disposed of in a humane manner or Section 16: Penalties. may be sold to or placed in the Any person who shall violate custody of some other suitable any of the terms and provisions of person. If a cat is destroyed this ordinance shall be guilty of a pursuant to this ordinance, the misdemeanor and, upon convic- license of such cat shall expire. tion, shall be punished by a fine of E. Immediately upon the im- not more than 5700.00 or by pounding of a cat wearing a imprisonment for not to exceed current license tag, the police shall ninety (90) days, or both. Each make every reasonable effort to occurrence of unlawful activity notify the owner of such im- shall be a separate violation of this poundment and of the conditions ordinance. whereby the owner may regain Section 17: Validity. custody of the cat. Any verbal The invalidity of any part of notices shall immediately be con- this ordinance as declared by a firmed in writing by the police. court of competent jurisdiction Section 10: Cats Which Can- shall not affect the validity of the not Be Impounded. remainder thereof. If a cat subject to impound - Section 18: Effective Date. ment pursuant to this ordinance is This ordinance shall take diseased, vicious, dangerous, effect and be in force from and rabid or exposed to rabies, and after its passage and publication as such cat cannot be impounded provided by law. after a reasonable effort, or cannot Passed by the City Council be impounded without serious risk this 22nd day of April, 1986. to the persons attempting to APPROVED: impound, such cat may be imme- By /s/ Marshall W. Dahl diately killed. Mayor Section 11: Redemption of ATTEST: Impounded Cats. /s/ James W. Keinath Any cat impounded here- Administrator under not being held for suspected First Reading April 8th, 1986 disease may be reclaimed by the Second Reading April 22nd, 1986 owner within five (5) regular Published in the Circulating Pines business days of the impounding this 19th day of June. 1986. agency, as defined by state law. upon payment by the owner to the City Clerk of an impounding fee of $25.00, plus an additional sum 1 t' \ ORDINANCE NO. 61 0 P, which amount shall be added to The tag shall be worn by the cat a. TA ' CTTIY OF CIRCLE P and collected with the regular all times. ANOKA COUNTY, MINNESOTA license fee. Any owner who se- C. No person shall make, sell, rj cati on # 3 O B AN ORDINANCE REGULA- cures a cat after the start of the purchase, or shall place or allow to TING CATS; PROVIDING FOR license period shall be allowed be placed on his cat any tag of the )a 1i ty C \ (`c I e ?! Cb Q s THE LICENSING AND IM- thirty (30) days after acquiring same form, shape or intended to (� / POUNDING OF CATS; AND such cat to secure a license and be like the official tag, or shall ry r' 6 ) � U PRESCRIBING PENALTIES shall file, upon making application, attempt in any way to counterfeit FOR TEE'VIOLATiON THERE- an affidavit identifying the cat and the design adopted for such official OF 99ttbb stating the date of its acquisition. cat tag. The ty Connell-of/the City of D. Any owner upon first D. Except as otherwise pro - Circle Pines ordains: . becoming a resident of the City of vided in this ordinance, cat tags Section 1. The following deli- Circle Pines shall be allowed thirty shall not be transferable. No nitions shall apply in the interpre- (30) days from such time to obtain refund shall be made on any cat tation of this ordinance, and the a cat license. Any cat which may license fee to anyone who ceases to following words and terms be impounded for lack of a license be a resident of the City, or to wherever they occur in this chap - within the thirty (30) day period anyone whose cat dies before the ter are defined as follows: provided for in this section 2D may expiration of the license. A. Owner: Any person, group be reclaimed by the owner without Section 4: Abandonment and of persons or corporation owning, paying the impounding fee, but Stray Cats. keeping, or harboring a cat or such owner shall be responsible for It shall be a violation of this cats. The harborer of a cat is any paying the cost of keeping such cat ordinance for any person to aban- person who has custody of any cat during its impounding. Any cat don any cat or permit any cat to or permits the same to be kept or owner having a valid cat license become a stray. For the purposes to stay on or about his premises. from another municipality may, of this ordinance. an abandoned B. Police Officers or Police: within thirty (30) days after be- cat is one which is left unattended The police officers of the City of coming a City of Circle Pines off the premises of its owner for a • Circle Pines and/or any firm, resident, secure a City of Circle period of 72 hours or more. For the agency or company hired by the Pines cat license for which the purposes of this ordinance, a stray City of Circle Pines to assist the owner shall pay a fee of $2.00 upon cat is one having no known owner police in the performance of their surrender of the license from the or custodian or known place of duties with regard to enforcement previous licensing municipality. care and shelter. of this ordinance. An affidavit identifying the cat Section 5: Confinement of C. Pound: The animal shelter and stating the date of establish- Certain Cats. of the City of Circle Pines. ment of residence of the owner in A. The owner of a cat shall Section 2: Licensing. I the City shall be filed with the confine within a building or secure A. Except as provided in ' application.. enclosure every fierce, dangerous Section 13, no owner of a cat shall E. In the event that the or vicious cat and not permit such owh, keep, or harbor any cat license tag issued for a cat shall be cat out of such enclosure unless within the City limits unless such lost or stolen, the owner shall, such cat is in the direct control of a cat is licensed as herein provided. upon payment of $1.00, obtain a competent person. Written application for such 11- duplicate tag by surrendering the B. Every female cat in heat sense shall be made at the City receipt issued for the lost or stolen shall be confined in such a manner "'Jerk's office and shall state the tag. that such female cat cannot come ame and address of the owner F. If there is a change of in contact with another cat except and the name, breed, color, age ownership of the cat during the for planned breeding. :nd sex of the cat. The license fee year, the new owner may have a Section 6: Keeping of Nui- shall be paid at the time of making current license changed to his sance Cats Prohibited. :e application. The license fee name upon the payment of a The owner or custodian of any caall be as provided in Circle Pines transfer fee of $1.00, or may cat shall prevent the cat from Ordinance No. 99. any amend- secure a new license. committing in the City any act ments thereto, or any other ordi- G. The design of the license which constitutes a nuisance. It is nance of the City of Circle Pines tag issued under this ordinance a nuisance for any cat to habitually establishing licensing fees. The shall be changed each license or frequently howl, cry, or loudly g g d p i i shall and execute a receipt e period. mew at night, to frequent school d.:niicate and shall deliver the H..No license shall be granted grounds, parks, or public beaches, original receipt to the applicant. for a cat which has not been to molest or annoy any person B. No license shall be required vaccinated against rabies during away from the property of its for newborn cats up to the age of the twenty -four (24) month period owner or custodian, or to damage, six i6) months. immediately preceding the appli- defile, or destroy public or private C. All cat licenses shall be cation. Each applicant for a cat property. plantings, or structures. hued for two years beginning license shall present a certificate Failure of the owner of a cat to with the 1st day of January of each , of vaccination from a doctor quali- prevent the cat from committing even numbered year. Cat licenses fled to practice veterinary medi- such a nuisance is a violation of issued after the effective date of eine in the state in which the cat is this ordinance. this ordinance, but before Decem- vaccinated. Section 7: Pound. ber 1, 1987, shall expire on Section 3: License Tag. The City Council of Circle December 31, 1987. Application A. Each applicant for a license Pines may designate as the animal for licenses may be made thirty shall, upon complying with the shelter of the City a suitable 30; days prior to the start of the provisions of this ordinance, be kennel or other animal facility, i icensing period and thereafter issued a tag stamped with a either within or without the City during the licensing period. Appli- number and the years for which limits. nt:ons made after March 31 of the the license is issued. Section 8: Police Assistants. )✓ first licensing year shall be asses- B. Every owner is required to The City Council may desig- v � , p J( J ,ed a penalty of $.50 for each keep a valid tag securely fastened nate such persons as it may deem month or portion thereof after to the cat in a way that will not necessary to aid and assist the - ..,soh 11 tka onntieatinn is ,nnde endanger the cat's life or health. police in the performance of their MAY -06 -99 05:08 FM P. SECTION 10.10 ANIMAL LICENSING AND REGULATION IS HEREBY AMENDED AS FOLLOWS: Subd. 1. Purpose. The purpose of this Section is to: 1. Prescribe animal licensing procedures, to enact regulations governing potentially dangerous dogs and other animals, and animal and dog enclosures; to prescribe City animal shelter procedures; to provide for animal enforcement procedures; and to prohibit certain acts that are cruel to animals; 2. Control the spread of rabies in the community and to protect the general public from animals that pose a risk of rabies infection; 3. Prevent cruelty to ani:nals. Pursuant to Minnesota Statutes, Section 343.01 animal control officers and licensed peace officers may coordinate their efforts with the state federation of county and district societies for the prevention of cruelty to animals; 4. Prevent unreasonable disturbances of the peace and quiet caused by noise from dogs or other animals; 5. Prevent animals from running loose at large in the City. The City Council finds that animals unattended and at -large can endanger the health, safety, and welfare of the general public. Subd. 2. Findings of the City Council. The City Council of Lexington makes the following findings of fact regarding the need to regulate and license dogs and animals: 1. The regulation of dogs and other animals is found by the City Council to be necessary in order to protect the health and safety of the community. Unrestrained andlor unlicensed dogs and other animals can expose human beings and animals to danger; can cause damage to public and private property; can create or exacerbate the existing overpopulation of animals; can disrupt the quiet enjoyment of residential areas and parks; and can expose human beings and other animals to unsanitary and unhealthy conditions; 2. The improper impoundment or enclosure of dogs or animals can constitute a public health nuisance. Nuisances can be created by site, odor, noise, and sanitation problems associated with improper dog and animal enclosures and impound facilities. 3, The regulation of potentially dangerous dogs or other animals is deemed necessary by the City in light of the threat such dogs and other animals pose to the safety of human beings and animals in the community. Dogs or other animals deemed to be -125 - Amended Section 10.10 Ord. 97-02 11-6-97 Publication: Quad 11 -18.97 flRT nb 49 WO; Mr, yp potentially dangerous and dangerous pose a serious risk to the health and safety of the — -- community. 4. Procedures for determining whether a dog or animal is potentially dangerous or dangerous to the.community are warranted. The procedures prescribed herein balance the interest in immediate public protection from potentially dangerous dogs and animals and dangerous dogs and animals with the reasonable due process rights of dog and animal owners. Subd. 3. Definitions. Por the purpose of this Section, the following words and terms shall have the following meanings. A. Animal - every non -human species of animal, both domestic and wild. B. Animal Control Officer - e person employed by or under contract with the City or a licensed peace officer who is responsible for animal control enforcement. C. Animal Shelter - any premises designed by or contracted with the City for the purpose of impounding and caring for all dogs or other animals found in violation of the Section. D. At -Large - an animal shall be at large when it is not under restraint as defined in this Section. E. Cat - a domesticated feline wholly of the species Felis domesticus, male or female, intact or neutered. P. Compendium of Animal Rabies Control ( "Compendium') - the Compendium of Animal Rabies Control prepared by the National Association of State Public Health Veterinarians and approved by the Minnesota Board of Animal Health. G. Cruelty - every act, omission, or neglect which causes or permits unnecessary or unjust pain, suffering, or death. H. Custodian - a person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest In, or having care, custody or control of an animal, excluding veterinarians or kennel operators provided that the animals are kept only temporarily on the premises and are owned by others. -126 - Amended Section 10.10 Ord, 97-02 11-6-97 Publication: Quad 11.18-97 MHY - nb 77 n0:107 RM 4 partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; or any other business organization or association. S. Picket - to secure an animal by means of chain or metallic cable to a fixed object, thereby confining the animal to a specified area. T. Potentially Dangerous Animal - any animal that: 1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; 2) 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's owner's property, in an apparent attitude of attack; or 3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals, U. Proper Enclosure - securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection 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 dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens arc the only obstacles that prevent the animal from exiting. V. Rabid Animal - an animal showing signs associated with rabies that are observed and reported by a- veterinarian, or an animal diagnosed as positive for rabies by a recognized laboratory, or both, Any skunk, wolf, wolf hybrid, civet cat, raccoon, opossum, bat, or fox that bites a dog or cat shall be deemed to be a rabid animal for the purpose of this Section. W. Rabies Control Authority - a duty authorized person responsible for the enforcement of the Section as directed by the city Manager. X. Rabies Suspect - any animal which is considered as potentially rabid animal under guidelines of the U.S. Centers for Disease Control, and which has bitten any person and caused an abrasion of the skin of such person or has otherwise exposed that person to its saliva through an open wound or mucous membrane. -128 - Amended Section 10,10 Ord. 97 -02 114-97 Publication: Quad 11.15.97 MAY -06 -99 03:10 AM P.05 Y. Vaccination Against Rabies • the inoculation of a dog, cat, farm animal, or other animal kept as a pet with a rabies vaccine licensed for that species by the United States Department of Agriculture and administered in accordance with recommendations listed in the current year's compendiun of Anitnal Rabies Control. The vaccination must be performed by or under supervision of a veterinarian. Z. Substantial Bodily Harm - bodily injury which involves a temporary or • permanent but substantial disfigurement, or which causes temporary or permanent but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. AA. Under Restraint - a dog is under restraint if 1) the animal is within a secure vehicle; 2) the animal is within a secure fence or building within the owner's property; 3) the animal is picketed in accordance with this Section; 4) the animal is controlled by a leash, provided that when persons or other animals are within twenty (20) feet of the animal the leash is shortened to six (6) feet; or 5) the animal: (a) is within private property, or is involved in a scheduled dog show or obedience demonstration or trial, or is legally involved in hunting or retrieving game animals; and (b) is controlled by a competent person and is immediately obedient to that person's command. BB. Unreasonably Disturb the Peace and Quite - includes, but is not limited to, the creation of any noise by any animal which can be heard -129 - Amended Section 10.10 Ord. 97 -02 11 -6.97 Publication: Quad 11-18-97 MAY -06 -99 03:10 AM P.06 by any person, including animal control officers or licensed peace officers, from a location outside of the building or premises where the animal is being kept and which animal noise occurs repeatedly over at least a ten- minute period of time with one minute or less lapse of time between each animal noise during the ten - minute period. CC. Veterinarian - a veterinarian licensed by the State of Minnesota, • DD. Wild animal - every non -human species of the animal kingdom, including those born or raised in captivity, except the following: 1) domestic dogs (excluding hi -breds with wolves, coyotes, or jackals) properly vaccinated against rabies pursuant to law; 2) domestic cats (excluding hi -breds with ocelots or margys) properly vaccinated against rabies pursuant to law, Subd. 4. The following state statutory provisions prohibiting cruelty to animals are hereby incorporated by reference and adopted as part of this Section: Minnesota Statutes, Sections 343.20 to 343.37 ( "Prevention of Cruelty to Animals ") and Section 343.40; Sections 346.37 - 346.42 and Section 346.57 ("Dog and Cats in Motor Vehicles "); and Section 34730. Subd. 5. No owner shall allow or permit the owner's animal to be at -large within the City. An animal is at -large when it is off the premises owned or occupied by its owner and h unaccompanied by the owner or proper custodian. Subd, 6. Licensing. A. License Required - all persons who own an animal six (6) months of age or more, shalt obtain a license form the City in accordance with this Section. B. License Issuance - All animal licenses shall be issued only upon presentation of a certificate issued by a veterinarian showing that the animal has received a rabies immunization for at least the term of the license. All expiring on June 30. Application for license renewal, accompanied by a veterinarian's certificate, shall be made -129a- Amended Section 10.10 Ord, 97-02 11 -6 -97 Publication: Quad 11-18-97 MKT - ca rr 100 MM - - r. k.( 2) Be required to keep accurate records of the Impoundment and disposition of all dogs in the custody of the City; 3) Be requited to investigate reported injuries from animals, and to keep accurate • records of such cases; 4) Be required to keep accurate records of all money received and to comply with proper auditing and bookkeeping standards; 5) Carry out prevention of cruelty duties as prescribed in this Section, Minnesota Statutes, Sections 343.20 - 343.40, and Minnesota Statures Chapter 346; and 6) Perform enforcement duties as prescribed in Minnesota Statutes, Sections 609.226 and 609.227, and Minnesota Statutes Chapter 347. B. Interference - No person shall interfere with, hinder or molest a City animal control officer or licensed peace officer enforcing this section or state law. No person shall seek to release .. any animal in the custody of a city animal control officer except as herein provided. C. Investigation Authority - Animal control officers and/ or licensed peace officers are hereby empowered and authorized to make inspections and conduct investigations of alleged violations of this Section and state law. D. Authority to Petition for a Warrant - For the purpose of discharging the duties imposed by this Section, city animal control officers and/or any licensed peace officer, upon demonstration of cause, may petition for issuance of a warrant to enter premises upon which an animal is kept or harbored. E. Duty of animal Control Officers Regarding Exposure of Animals - Pursuant to Minnesota Statutes, Section 343.29 the animal control officer or Licensed peace officer may remove, shelter, •129c- Amended Section 10.10 Ord. 97 -02 11-6-97 Publication: Quad 11-18-97 MAY-06-99 05:12 AM - r. e,a and care for any animal which hich is not properly sheltered from the cold, hot, or inclement weather, or any animal not properly fed or watered, or provided with suitable food and drink. When necessary the animal control officer or licensed peace officer may deliver the animal to another person to be sheltered and cared for, and furnished with suitable food and drink. In all cases, the owner, if known, shall be immediately notified pursuant to state law, and the person having possession of the animal shall have a lien thereon for Its actual costs of care and keeping. If the owner or custodian is not known and cannot by reasonable effort be ascertained or does not, within ten (10) clays after notice, redeem the animal by paying the expenses authorized by state law. Upon a proper determination by a veterinarian, any animal Scan into custody pursuant to state law and this Section to the City Code may be immediately disposed of when the animal is suffering and is beyond cure through reasonable care and treatment. The expenses of disposal shall be subject to the provisions of state law. Subd. 8. Impounding and Confinement. A. Any animal found running at- large, in violation of of this Section or applicable state law, may be seized by an animal control officer or a licensed peace officer and impounded at a designated animal shelter, and there confined in a humane manner for a minimum period of ten (10) business days, or until claimed by the animal's owner, whichever occurs first. B. Immediately upon impoundment of any animal, reasonable efforts shall be made by the impounding official to notify the owner of such animal, of the animal's confinement and procedures to be followed for reclamation of such animal. Notice shall comply with the requirements as defined in Minnesota Statue, Section 343.235, Sabi. C. Disposition of seized animals - An animal which is not redeemed by the owner within ten (10) days, excluding holidays, after such impoundment's, may be disposed of in any manner provided by law. Any animal that is not claimed by the owner or sold within the prescribed time may be humanely disposed of by the appropriate animal shelter facility. Any animal taken into custody may be immediately disposed of, upon determination by a veterinarian that the animal Is suffering and is beyond cure through reasonable -129d- Amended Section 10.10 Ord. 97 -02 11 -6.97 Publication: Quad 11.11147 - MAY -06 -99 85:72 AM P. treatment. r D. Owner title of any animal may be transferred to the animal shelter facility upon expiration of the legal detention period, provided that the animal has not been claimed by the owner. • E. Impound Fees - any animal impounded hereunder may be reclaimed by the owner of such animal within ten(l0) days, excluding holidays, after such impoundment. Before the owner shall be permitted to retake possession of such animal, the owner shall make payment to the animal shelter of all required fees and cost of such impoundment F. Security - A person claiming an interest in an animal in custody may prevent disposition of the animal by posting security in an amount sufficient to provide for the animal's actual costs of care and keeping. The security must be posted within ten (10) days of the seizure, inclusive of the date of the seizure. G. Seizure by a citizen - It is unlawf4l for any person to seize and impound an animal found running at large. Any person who discovers or seizes an animal running at -large shall within six hours thereafter notify the animal control officer or appropriate law enforcement agency of any such seizures. Sub. 9. The owner of any animal within the City shall provide such animal with: 1) Food - food of sufficient quantity and quality to allow for normal growth and maintenance of health and body weight. 2) Water - animals must be provided clean, fresh water, or supplied by free choice, in quantities sufficient to satisfy the animal's needs to maintain normal health. Snow or ice is not an adequate water supply. B. Sanitation - No person shall permit feces, urine, or food -129e- Amended Section 10.10 Ord, 97-02 11-647 Publication: Quad 11.18.97 MAY -06 -99 05111 AM P.10 to remain in an animal enclosure for a period longer than is consistent with maintaining proper health and sanitation conditions or odor prevention. C. Shelter - Animals must be provided with sufficient shelter to protect them from the elements. During inclement weather the shelter must be large enough to comfortably accommodate the animal, be windproof and waterproof and contain enough bedding to provide the animal with insulation against the elements. Shelter • from the heat or shade must be provided from May through October. D. Veterinary Care - Animals shall be provided proper veterinary care in order to maintain normal health and to prevent the suffering of any sick or injured animal. E. Transportation - No person shall carry or cause to be carried any animal upon any vehicle or otherwise, without providing suitable racks, crates, carriers or cages of suitable size for the animal during transportation, unless the animal is placed in the passenger area of the vehicle. F. No person shall beat, torment, tease, or otherwise abuse an animal, or permit an animal fight. 0. Any person who, as operator of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the appropriate law enforcement officials or the animal's owner. Subd. 10. Dangerous and Potentially Dangerous Dogs and Animals. A. A City animal control officer or licensed peace officer shall determine if an animal or dog is dangerous pursuant to Minnesota Statute, Section 347,50, or has committed any of the acts set forth in the definitions, Subd. 3 (K) Dangerous Animals of this Chapter. if the officer believes, based upon the officer's professional judgment, that the animal or dog is dangerous, the Chief of Police shall notify the owner of such animal of his/her intent to classify the animal as dangerous. Such notice shall be sent to the owner of such animal by certified mail, return receipt required. The owner of such animal shall then have fourteen (14) days upon mailing of the -129f- Amended Section 10.10 Ord. 97.42 11-6-97 Publlcadon: Quad 11-1547 MAY -06 -99 05:14 AM P.11 certified letter by the Chief of Police to file an appeal with the Chief Police contesting the classificaticn of the animal as dangerous. Such appeal shall be placed in writing on a form made available to the owner by the City. B. If the owner of an animal elects to appeal the dangerous animal classification, the appeal shall be referred to the City Council for an appropriate hearing. The City Clerk shall notify the owner of such animal as to the time and date of the hearing. At least fourteen (14) days notice shall be given to the owner. C. The owner shall be informed of his/her right by the City Clerk to be represented by legal council during such hearing, as well as the right to provide oral and written testimony as to why the City Council should not declare the animal dangerous. D. During the hearing, the council shall maintain an electronic record of such hearing. E. If the City Council declares the animal to be dangerous, the City Clerk shall notify the owner of' the animal by certified mall, return receipt required, that the animal has been declared dangerous. F. The owner of any dog that has been declared dangerous shall then have fourteen (14) days to comply with the provisions of the Minnesota's Dangerous Dog Statute, Minnesota Statute, Section 347.50, from the time of the mailing of the certified letter, and shall report the dangerous dog to the county. G. If the owner of a dog that has been declared dangerous fails to comply with the fourteen (14) day reporting requirements, the animal control authority or an officer of a proper law enforcement agency may seize such dog and cause such dog to be housed at the appropriate animal shelter facility at the owner's expense. All seized dogs shall be housed at the animal shelter facility for a minimum period of ten (10) days, excluding holidays. If the owner of the dog fails to comply with the reporting requirements of the dangerous dog statue within •129g- Amended Section 1 .0.10 Ord. 97-02 11+97 Publication: Quad 11.18 -97 MAY -06 -99 05:14 AM P.12 ten (10) days, excluding holidays, the dog shall be destroyed • at the owner's expense. 14. The City Council shall, by council resolution set fourth certain requirements to be met by the owners of dangerous animals shall have fourteen (14) days, to comply with the order of the City Council. If the owner of the dangerous animal fails to comply with the Council's order within fourteen (14) days, the animal control authority and/or law enforcement may seize such dangerous animal and cause the same to be housed at the appropriate animal shelter facility at the owner's expense. All seized animals shall be housed at the animal control facility /shelter for a minimum period of ten (10) days, excluding holidays. If the owner of such dangerous animal fails to comply with the Council's order within ten (10) days, excluding holidays, the animal shall be destroyed at the owner's expense. I. Any animal that has bitten a person and inflicts injury to a human being, or commits any act outlined under Definitions, Subd. 3 (U) Potentially Dangerous Animal, of this Section, may be classified as a potentially dangerous animal. The procedures set fourth under Subd. 1O (A) through (H) of this section shall apply to classification and hearing process of potentially dangerous animals. Subd. 11, Rabies Control. A. The Minnesota Health Laws and Regulations are hereby adopted in cases of rabid animals which have bitten any person or animals suspected of being rabid. B. It shall be the duty of every physician to repott to the Rabies Control Authority the names and addresses of any person treated for bites inflicted by animals within the City. C. It shall be the duty of the owner of any animal to immediately, but in all cases no later than within a twenty -four (24) hour period, to report to the Rabies Control Authority or the Police Department all bites inflicted by the owner's animal to any person. The owner of any such animal shall also be required to -129h- Amended Station 10.10 Ord. 97 -02 11-6-97 Publication: Quad 11 -18-97 MAY -06 -99 05:15 AM P.13 provide within proof of vaccination and pertinent insurance information when warranted or requested. D. It shall be the duty of any veterinarian to repon to the Rabies Control Authority of City their diagnosis of any animal observed by them to be a rabies suspect. E. The police are hereby authorized to take into possession any animal suspected of having rabies following a bite inflicted to any person, and have the animal destroyed in a humane manner for the purpose of determining whether the animal is in fact, a rabies carrier, The City and/or its agents shall not be held liable for the destruction of such animal when the animal has inflicted injury upon any person and the City and/or its agents act in good faith to protect the public. F. Biting Animals to be Quarantined - whenever an animal has bitten a person, or whenever a suspected or known rabid animal is picked up by an animal control officer or police officer, such animal shall be confined for a minimum of ten (10) days of follows: !) Upon proof of current rabies vaccination the animal control officer or police may authorize .� the confinement of the animal at the owner's residence, provided that the animal shall not be permitted to come into contact with other animals or persons, and provided further that the animal be muzzled and on a leash not to exceed six (6) feet in length, when removed from the place of confinement. 2) If no proof of current vaccination is provided or if the animal control officer or police do not consent to confinement at the owner's residence, the animal shall be confined at the animal control facility for the entire ten (10) day period at the owners expense. 3) An animal under confinement may not be -129i- Amended Section 10.10 Ord. 97-02 114.97 Publication. Quad 11.18.97 removed from such confinement without written permission of the animal control officer or the chief of Police 4) the owner of any animal confined at the owner's residence shall, at ail times, permit the inspection of such animal during the . confinement period upon request of the animal control officer or the police. The owner shall further be responsible for immediately reporting any change in the animal's health or behavior to the appropriate animal control officer during the confinement period. 5) A quarantined animal shall be confined to an enclosure in such a manner so as to prevent the animal from escaping. All openings to the enclosure shall be locked with a secure locking device, and the animal shall not be removed from the enclosure unless muzzled and on a leash not exceeding six (6) feet in length, and under the control of competent person. 6) An animal control officer and/or police officer may enter upon private property of another for the purpose of removing such quarantined animal to an animal shelter when it has been determined that such quarantined animal is not being maintained by the owner in a manner consistent with state law and the provisions of this section. Subd. 12. Noise Made by Dogs of Other Animals - No person owning, operating, having charge of, or occupying any building or premises shall keep or allow to be kept any dog or other animal which shall, by any noise, unreasonably disturb the peace and quite as defined herein. A. Complaints - Any person may tall or deliver a complaint to the animal control officer, a licensed police officer, -129j- Amended Section 10.10 Ord. 97 -02 11.6 -97 Publication: Quad 11.11.91 or health official stating the facts and circumstances of an alleged violation of this Section. The officer may investigate such complaint and if a violation occurs in the presence of the office —• a summons may be issued. If a violation does not occur in the presence of an officer, all reports, witness statements, and evidence may be submitted to the City Attorney's Office for a determination of whether a formal complaint should be issued. • B. Wild animals - No person shall keep or maintain any wild animal within the corporate limits of the City. C. An owner or custodian of any dog within the City shall keep the dog under restraint at all times. D. Disposal of feces - An owner or custodian of any dog within the City shall clean from any sidewalk, street, park, school, public place, or private property or another any feces of the dog and shall dispose of such feces in a sanitary manner. E. Picketing - An animal shall not be picketed so as to be within ten (10) feet of any lot line or sidewalk or within fifty (50) feet of any dwelling unit other than the owner's. F. License tag - A valid metallic license tag must be securely fastened to the animals choke chain, collar, or harness, and must be worn at all times. Subd. 14. Penalties - Unless otherwise specifically noted herein, a violation of any provision of this Section of the code shall be a misdemeanor under Minnesota law. Subd. 15. Severability - If any section, subsection, sentence, clause, or phrase of this Section is for any reason to be invalid, such decision shall not affect the validity of the remaining portions of those Section. The City Council hereby declares that it would have adopted the Section in each section, subsection, sentence, clause, or phrase thereof, -129k- Amended Section 10.16 Ord. 97-02 11-6-9 Publication: Quad 11.1847 r n. vo vo nv a 1 rlri - - r. ac irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid, • •1291 - Amcnded Section 10.10 Ord. 97 -02 11.6 -97 Publicsdon: Quid 11-18-97 -04/29/99 15:56 CITY OF CIRCLE PINES 4 651 429 8629 N0.127 D02 relating to licenses and shell specify the location of the proposed billiard hall, pool hall, holing alley or skating rink and each person owning or operating the same. No such license shall be issued to a person who is not of good moral character, nor to a corporation or organization which is not represented in the City by a person of good moral character. 315.03 premises. It shall be unlawful to conduct a public billiard hall, pool hall, bowling alley or skating rink in any hall or building which is not equipped with sufficient and adequate exits. 315.04 Conduct. It shell be unlawful to permit or indulge in any improper conduct or excessive noise at any public billiard hall, pool hall, bowling alley or skating rink. 315.05 Insurance, No licensee shall be issued until the applicant has placed on file with the City Clerk, a certificate or certificates of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use and operation of any and all devices and facilities operated in connection with the applicant's business. Such insurance shall be in the minimum amount of $100,000 for each person, and $300,000 for each accident. Section 320 - ANIMALS 320.01 Definitions. As used in this Section except as otherwise provided, the following terms shall have the respective meanings ascribed to them: Subd. i Animal. Any non- human, mammal, reptile, amphibian, or bird, domestic or non - domestic, including dogs and cats. subd. 2 Animal npmest th Animals normally kept within the home, but not exclusive of the home, such as fish, dogs, cats, and hcusehold birds. Subd. 3 animal - Eton- RossitiE. Animals normally kept outside of the home for the purposes- of food or pleasure, such as cattle, hogs, sheep, horses, bees, goats, birds such as fowl, pigeons, falcons, and similar animals. Subd. 4 Animal -Wild. Means any ape, including chimpanzee, gibbon, gorilla, orangutan, baboon, bison, bobcat, cheetah, crocodile, coyote, deer, including all members of the deer family such as antelope, elk, and moose, elephant, ferret, fox, hyena, jaguar, lion, leopard, mountain lion, cougar, lynx, ostrich, skunk, wolf, or brush wolf, tiger, poisonous snake, or any 3 - 19 `J 04/29/99 15:56 CITY OF CIRCLE PINES 4 651 429 8629 NO.127 1703 1 conetrittor snake; any other animal that is wild, ferocious, or is vicious by nature, habit, disposition, or is normally found in the wild; or any animal which is a mixed breed of any wild animal and any other animal. Subd. 5 ht _Larne. Any animal which is not restrained, as defined in this Section. Subd. 6 Cat.. Any domestic feline animal, male or female, whole or neutered. Subd. 7 panasrous Animal,. Any animal which meets the definition of dangerous dog set forth in Minnesota Statutes Section 347.50 or any successor statute. Subd. 8 Doc. Any domestic canine animal, male or female, whole or neutered. Subd. 9 Enclosure. Any structure, except a dwelling, designed to securely enclose and prevent an animal from escaping therefrom, and /or deeigrzed to provide the animal with shelter and protection from the weather. Subd. 10 Owner. Any person, firm, corporation, organization, or department, possessing, harboring, keeping, having an interest in, or having temporary or permanent custody or control of an animal. Subd. 11 potanttaliv An imal. Any animal which meets the definition of potentially dangerous dog set forth in Minnesota Statutes Section 347.50 or any successor statute. Subd. 12 gestjained. Controlled by a leash of not more than six (6) feet in length; under- the voice or signal command of a competent person whose command the animal will obey immediately; or within the limits of its owner's premises. 320.02 Rnforcement. The provisions of this Section may be enforced by any of the following: A. The primary law enforcement agency of the community. B. The law enforcement agency contracted with by the City. C. The animal control officer as designated by the city. D. The animal control facility contracted with by the City. For the purpose of discharging the duties imposed by this Section, an animal control officer or law enforcement officer is empowered to - 20 04/29/99 15:56 CITY OF CIRCLE PINES ? 651 429 8629 NO.127 P24 enter upon private property of another without permission. 320.03 Interference. No person shall, in any manner, interfere with or hinder an animal control officer or law enforcement officer in the discharge of their duties. 320.04 EXemetions. The following provisions of this Section shall not apply in the following circumstances: A. Unless specified here ln, the provisions of this Section shall not apply to animals used or confined at hospitals, clinics, or businesses operated by licensed veterinarians. 8. Section 320.06, relating to vaccination requirements, shall not apply to any animal belonging to a non - resident of the City and kept within the City not longer than thirty (30) days. C. Section 320.14, relating to dangerous animals and potentially dangerous animals, shall not apply to police dogs under the control of a licensed peace officer during the performance of authorized police activities. D. Section 320.15 shall. not apply to raptors possessed by licensed falconers holding valid state and federal falconry permits, so long as the nonditions of the permits are satisfied. 320.05 License and Registration All dogs and cats owned and /or kept within the City shall be licensed, with the following exceptions. A. Dogs and cats under the age of six (6) months. B. Dogs and cats whose owners are temporarily in the City for a period Of time not exceeding thirty (30) days. 320.06 Vaccination ReguiteA It shall be unlawful for any dog or cat owner to keep or maintain any dog or cat older than six (6) months of age, unless it has been vaccinated within the prior twenty -four months with an anti - rabies vaccine by a licensed veterinarian. No license shall be issued except upon compliance with this Section. 320.07 yicensina /vartr.inatjw.n Procedures. Subd. 1 Anolication. txcept as herein provided, within thirty (30) days of acquiring possession of a dog or cat which has not 3 - 21 04/29/99 15:56 CITY OF CIRCLE PINES 4 651 429 8629 NO.127 005 been licensed by the City, or within thirty (30) days of moving to the City with a dog or cat which has not previously been licensed, the owner of ties doq or cat shall make application for a dog or cat license. The application shall be on forms provided by the City. The applicant shall also provide proof of vaccination to the City prior to the issuance of a license or renewal of a license. Subd. 2 Titans& Fps. The license fee for each dog or cat must be submitted with the license application. The fee will be as set forth from time to time in Section 350 of this code. Subd. 3 Duration of License. All licenses shall be issued for two years beginning with January 1 of each even numbered year. Subd. 4 Issuance of _ 1 . .,icenees. Upon completion of the application form, receipt of the license fee(s), and receipt of proof of vaccination, the City shall cause a dog or cat license to be issued to the applicant for a particular dog or cat. Subd. 5 geceipt and Tag.. The City shall cause a license fee receipt to be issued to the applicant, along with a metallic tag. The applicant shall cause the tag to be affixed permanently by metal fastening device to the collar of the licensed dog or cat in such a manner that the tag is easily observed. If a tag is lost, a duplicate may be issued by the City upon presentation of a receipt showing payment of the initial license fee and upon t j payment of an additional fee for each duplicate tag in an amount set forth from time to t:,me in Section 350 of this code. subd. 6 Change of Address An applicant who has obtained a dog or cat license shall notify the city of applicant's address change within corporate limits of the City within thirty (30) days of any address change. Subd. 7 Counterfeit T -.1 No person shall counterfeit, attempt to counterfeit, or attach any counterfeit tag to any dog or cat in the City. Subd. 8 Transfer of Taw , No person shall transfer a dog or cat tag from one dog or cat to another. Subd. 9 Late Fees. Taahsfer of Licenses, Chance of Ownership. Applications for licenses made after March 32 of the first licensing year shall bs assessed a late fee for each month or portion thereof after March 31 the application is made. The late fee shall be added to and collected with the regular license fee. Any owner having a valid dog or cat license from another municipality may, within 30 days after becoming a City resident, secure a dog or cat license from the city for which the owner shall pay a jurisdiction transfer fee upon surrender of the 3 - 22 04/29/99 15:56 CITY OF CIRCLE PINES 3 651 429 8629 NO.127 P06 license from the previous licensing jurisdiction. An affidavit identifying the dog or cet and stating the date of establishment of residence of the ownat in the City shall be filed with the application. If there is a change in ownership of the dog or cat during the year, the new owner may have a current license changed to their name upon payment of an ownership transfer fee, or may secure a new license. The amount of late fees, jurisdiction fees and ownership transfer fees shall be as set forth in Section 350 of this code. 320.08 Regulations. A. No owner of any en imal shall permit such animal to be at large. The owner shell keep such animals restrained at all times. B. The owner of any animal in heat shall cause such animal to be confined in such a manner so as not to come in contact with any other animal during such time as the animal is in heat, except for intentional breeding purposes. C. The owner of any Animal shall prevent the animal from committing in the City any act which constitutes a nuisance. Acts which constitute a nuisance include, but are not limited to, the following: 1. To bark, bay, howl or make any other loud noise; a. Habitually or frequently between the hours of 8:00 p.m. and 8 :00 a.m.; b. Consistently for a period of five minutes or longer between the houra of 8:00 p.m. and 8:00 a.m.; or c. Consistently for a period of ten minutes or longer between the hours of 8:00 a.m. and 8 :00 p.m. 2. To be present on school grounds, public swimming areas or areas adjacent to public swimming areas. 3. TO chase vehicles or to molest or unreasonably annoy any person while away from the property of its owner. 4. To damage, defile or destroy public or private property. D. Feces Disposal: 1. The owner of any animal shall be responsible for the sanitary disposal of all faces material deposited by such animal in the following manner! 3 - 23 04/29/99 15:56 CITY OF CIRCLE PINES 4 651 425 8629 NO.127 D07 a. During the period of November 1st through April 30th, all feces material shall be removed -from the owner's premises and /cr stored in a sanitary manner within seventy -two (72) hours. b. During the period of May let through October 31st, all feces material shall be removed from the owner's property and /or stored in a sanitary manner within forty -eight (48) hours. c. Objectionable feces odor and /or flies detectable at the adjoining property line shall be deemed a violation of this Section. 2. The owner of any animal shall not permit such animal to be on public property or the property of another without having in the owner's immediate possession a device for the immediate removal of feces material deposited by the animal, as well as a container for the transport of such material to an appropriate disposal. receptable. The owner of such animal shall be responsible for immediately removing such material from public property or private property of another to a proper disposal receptacle located on the property of the owner. 3. The provisions of this Section 320.08D shall not apply to the ownership or WS' of seeing -eye doge by blind pereons; ownership or use of companion dogs by quadriplegics, paraplegics or other individuals with severe disabilities who are unable to clean up after the companion dog; dogs when used in police activities by the City; or tracking dogs when used by or with the permietion of the City. E. humane Treatment of Animals; 1. The owner of any ennimal within the City shall provide such animal with sufficient wholesome food and water on a daily basis, proper and sufficient shelter from the weather, and veterinary care when needed to prevent suffering of any sick or injured animal. 2. No person shall neat, torment, tease, or otherwise abuse an animal, or permit an animal fight. 3. No person shall allow residentially or commercially zoned property to be used for maintaining more than three (3) dogs over six (6) months of age, three (3) cats over six (6) months of age, or more than ten (10) total animals over six (6) months of age. The City Council may consider exceptions to the restrictions set forth in the previous sentence where the person maintained more than an allowable number of animals on October 1, 1992. 3 - 24 04/29/99 15:56 CITY CF CIRCLE PINES 4 651 429 8629 NO.127 D08 eel security G DoWa uard a rn dens, A person maintaining a dog for security purposes within the City shall post a sign at all entrances to the property. Said sign shall be a minimum of 6" x 12 ", with letters of contrasting color, a minimum of 2" in height, and a brush stroke of 1/2" minimum, with the following words affixed to such sign, "DANGER - GUARD DOG" 320.10 abandoned Animals Upon written notice of the Chief of Police that private property is attracting or providing shelter to animals that are not owned or cared for by any known person, the owner of such property shall be responsible for removing such animals in a humane manner within thirty (30) days of such written notice. 320.11 Impaun lna and cpnfi nsmsnt. A. Any animal found seeing at large may be seized by an animal control officer or a police officer, and impounded at a designated animal shelter, and there confined in a humane manner for a minimum period of the greater of seven (7) days or five (5) business days (the Impoundment Period), unless claimed by the owner. B. Immediately upon impoundment of any animal, reasonable efforts shall be made by the impounding official to notify the owner of such animal of the animal's confinement and the procedures to be followed, for reclamation of such animal. c. Disposition of unclaimed animals: An animal which is not redeemed by the owner within the Impoundment Period may be disposed of in any manner provided by law. Any animal that is not claimed by the owner or sold within the prescribed time may be euthanizsd and disposed of in a humane manner by the appropriate animal shelter facility. Upon notice from the appropriate animal shelter facility that an animal is sick and /or injured, the Chief tC Police is authorized to permit euthanization at any time within the Impoundment Period in an effort to end the suffering of such animal. D. Owner title of any animal may be transferred to the animal shelter facility upon expiration of the Impoundment Period and if the animal has not bean claimed by the owner in the manner required by Section 320.12. 320.12 Imeoonrlment Fees, Any animal impounded under this Section may be reclaimed by its owner within the Impoundment Period. Before the owner shall be permitted to retake possession of the animal, the owner shall make payment to the animal shelter of all required fees and costs of such impoundment, plus a fee to the City and shall 3 - 25 04/29/99 15:56 CITY OF CIRCLE PINES 4 651 429 8629 NO.127 P09 obtain any license required for the animal. The fee to the City shall be as set forth from time to time in Section 350 of this code. 320.13 Rabies Control. A. The Minnesota health laws and regulations are hereby adopted in oases of animals which have bitten persons and the animal is rabid or is suspected of being rabid. B. It shall be the duty of every physician to report to the Police Department the names and addresses of any person treated for bites inflicted by an animal, together with any other information deemed helpful in the control of rabies. C. it shall be the duty of the owner of any animal to immediately, but in ail cases no later than twenty -four (24) hours, report to the Police Department all bites inflicted by the owner's animal to any person. The owner of any such animal shall also be required to provide to the police written proof of vaccination and pertinent insurance information when warranted or requested by the police. D. It shall be the duty of any veterinarian to report to the City a diagnosis of any animal observed by the veterinarian to be suspected of having rabies. E. The police are hereby authorized to take into possession any animal suspected of having rabies following a bite inflicted to any person, and to have the animal destroyed in a humane manner for the purpose of determining whether the animal is in fact, a rabies carrier. The City and /or its agents shall not be held liable for the destruction of such animal when the animal has inflicted injury upon any person and the City and /or its agents act in good faith to protect the public. F. whenever an animal has bitten a person and is not destroyed pursuant to Section 30.13(E), or whenever a suspected or known rabid animal is picked ul1 by an animal control officer or police officer, such animal may be confined for a minimum period of ten (10) days as follows: 1. Upon proof of current rabies vaccination, the animal control officer or police may authorize the confinement of the animal at the owner's, place of residence, provided that the animal shall not be permitted to come in contact with other animals or persons, and provided further that the animal be muzzled and on a leash not exceeding six (6) feet when removed 3 - 26 04/29/99 15:56 CITY OF CIRCLE PINES 4 651 429 8629 NO.127 P10 from the place of confinement. 2. If no proof of current vaccination is provided, or it the animal control Officer or police do not consent to confinement at the owner's place of residence, the animal shall be confined at the animal control facility for the entire ten (10) day period at the owner's expense. 3. An animal under confinement may not be removed from such confinement prior to the expiration of the to -day period without written pereission of the animal control officer or the Chief Of Polies. 4. The owner of any animal confined at the owner's residence shall, at all times, permit the inspection of such animal during the confinement period upon oral request of animal control officers or the police. The owner shall further be responsible for immediately reporting any change in the animal's health or twhavior to the appropriate animal control officer during the confinement period. 5. A quarantined animal shall be confined to an enclosure in such a manner so as to prevent the animal from escaping. All openings to the anciosure shall ba locked with a secure locking device. The animal shall not be removed from the enclosure unless murtied and on a leash not exceeding six (6) feat in length, and under the control of a competent person. 6. An animal control officer and/or police officer may enter upon the private property of another for the purposes of removing such quarantined animal to an animal shelter when it has been determined that such quarantined animal is not being maintained by the owner in a manner consistent with the provisions of this Section. 320.14 Dangerous and Potentj,aliv Danaerous Animals. A. No person shall bring into the City an animal which has previously been declared by another jurisdiction to be dangerous or potentially dangerous. The City shall seize and destroy, at the owner's expense, eny animal brought into the city in violation of this provision. 3. The following provisions of this Section 320.14 shall apply to all animals which are not covered under Section 320.14A. In the event the City becomes aware that a dangerous or potentially dangerous animal is owned by a resident of the City, the Chief Of Police shall determine whether the animal should be removed from the City, or whether it would be sufficient for the animal's owner to comply with Minnesota's dangerous dog statute, Minnesota Statutes Sections 347.50, et. seq. Upon making the — J 3 - 27 04/29/99 15:56 CITY OF CIRCLE PINES 4 951 429 8929 N0.127 011 determination, the Police Chief f a all send a notice to the animal's owner via certified mail, return receipt requested. The notice shall provide: (i) that the animal has been classified as dangerous or potentially dangerous; (ii) either that the animal must be permanently removed from the City or that the owner must comply with the requirements of Minnesota's dangsrotis dog statute; (iii) that the owner may appeal the classification and determination by hand - delivering an enclosed appeal form to the Pollee Department within fourteen (14) days from the date of the notice; (iv) and that, if the owner fails to appeal, the owner must comply with the notice of the Police Chief by either permanently removing the animal from the city or, if allowed by the Police Chief's determination, to comply with the Minnesota dangerous dog statute. C. If the owner of an animal elects to appeal, the appeal shall be referred to the City Council for a hearing. The City Administrator shall notify the owner of the animal by certified mail, return receipt requested, of the time and date of the hearing. Notice must be given at least fourteen (14) days prior to the hearing. The notice shall state that the owner may be represented by legal counsel during such hearing and may provide oral and written testimony. The Council shall maintain an electronic record of the hearing. D. If the City Council declares the animal to be dangerous or u potentially dangerous, the City Administrator shall notify the owner of the animal by certified mail, return receipt requested, that the City Council has declared the animal dangerous or potentially dangerous, end has ordered either that the animal be permanently removed from the City, or that the owner comply with the requirements of Minnesota's dangerous dog statute, as the case may be. E. Tho owner of any animal declared dangerous or potentially dangerous must comply with the Police Chief's or the city Council's order, as the ease may be, within fourteen (14) days from the Police Chief's notice in the event that the owner did not appeal, or within fourteen (14) days from the City Administrator's notice. P. If the owner of an animal that has been declared dangerous or potentially dangerous tails to comply with the Police Chief's or City Council's order, the animal control authority and /or police shall seize the animal. If the owner was ordered to remove the animal, the seized animal may be immediately destroyed. If the owner was ordered to comply with the Minnesota dangerous dog statute, the seized anieel shall be housed at the appropriate animal shelter facility at the owner's expense for a minimum period of seven (7) days, excluding holidays. If the owner of the animal fails to reclaim the animal and to comply with the 3 - 28 04/29/99 15:56 CITY OF CIRCLE PINES 4 651 429 8629 N0.127 P12 excluding dangerous udingholidays, the animal may statute seven 7 be destroyed at the G. In the event of any conflict between this Section and Sections 320.11, 320.12 or 320.13, the provisions of Sections 320.11, 320.12 and 320.13 shall govern. 320.15 Wi).d Animals. So person shall keep or maintain any wild animal within the corporate limits of the City, except as provided in this subsection; A. The owner or proposed owner of any wild animal shall, prior to bringing the wild animaI into the City, make application to the City for a wild animal permit on an application form provided by the City. Such app7.icetion shall be submitted to the City Administrator, together• with the following required fees and /or documentation; 1. That the applicant possesses all necessary state and federal wild animal permits, and that all such permits shall be maintained by the owner in valid torm during the time that such wild animal is possessed by the owner. Expired state and /or federal permits shall cause the City's wild animal permit to be considered null and void. 2. A written statement shall be submitted with the application by a licensed veterinarian that such wild animal has been vaccinated in an appropriate manner, consistent with accepted veterinary practices, where applicable. 3. A copy of a valid insurance policy providing liability coverage for any hams caused by the wild animal with limits of not less than $100,000 per person and $300,000 per occurrence and naming the City arse an additional insured. The certificate shall provide that it may not be canceled except upon ten days written notice to the City. The certificate and all renewals thereof shall be delivered to the City. The City Administrator may waive the insurance requirement upon a determination that the wild animal does not pose a substantial risk. 4. A written statement by the owner that such wild animal will be maintained in a locked enclosure and removed only by a competent person for purposes of sanitation. The removal of such wild animal obeli be conducted while the animal is muzzled and on a chaiax or leash not exceeding six (6) feet in length, under sedation, or under the complete physical control of the attendant. 5. A written statement by the owner that such enclosure shall 3 - 29 04/29/99 15:56 CITY CF CIRCLE PINES 4 E51 425 8E29 N0.127 913 be posted with plainly visible warning signs on all sides of the enclosure with tatters of contrasting color.. The sign shall measure a minimum of 6" x 12 ", and have letter of 1/2" stroke and a minimus of 2" height, with the following inscription: "DANGER - WILD ANIMAL ". 6. A fee as set forth from time to time in Section 350 of this Code. B. The City may deny or attach conditions to the permit based upon the type of animal, the character of the owner's residence and neighborhood, and any other appropriate factors. If the permit is granted, the yawner may bring the animal into the City, subject to any requirements of this Section and any permit conditions. The permit need not be reviewed, but shall be subject to review at any time by the City. C. The Chief of Polio* is hereby authorized to immediately impound any wild animal not in compliance with this Section. The impoundment shall bra in accordance with Sections 320.11 and 320.12. 320.16 Summary Deetructieth Whenever an animal control officer or police officer determiner) that any animal presents an immediate threat to the safety of any ember of the public, after making a reasonable attempt to impound such animal, the officer is hereby authorized to destroy such animal in the interest of public safety. 320.17 Penalty fot v;oleat49ns of this Chapter. Any violation of this Section is a misdemeanor. Each day an which a violation continues shall constitute a separate violation. Section 325 - LAWN FERTILIZER APPLICATION REGULATIONS 325.01 Purpose. Data indicates that lake water quality may be maintained and improved it the City is able to regulate the amount of lawn fertilizer and rather chemicals entering the lakes as a result of storm water runoff or other causes. The purpose of this Section is to define regulations which will aid the City in maintaining and improving lake resources which are enjoyed by its residents and users. 325.02 Regularf2 for Cp percial Lawn Fertilizer Applicators Subd. i j ReotpJ ed, No person, firm, corporation or franchise shall engage in the business of commercial lawn 3 - 30 MEMO DATE : May 7 , 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Goetz Landscaping - Preliminary grading, drainage, erosion control and utility plans +k******** ***** **** * *** * *+ Rik************ ****** ** * ** * * * ************ ***** Included in your packets are preliminary grading, drainage, erosion control and utility plans for Goetz Landscaping. The Planning and Zoning Commission recommended approval of the attached plans. As you will see on the various elevations of the proposed main retail garden center building, there appears to be many contrasting architectural features. The building is in excess of the minimum required 5000 square feet. Mr. Goetz will be in attendance to explain his plans in detail to the City Council. BONESTROO ROSENE ANDERLIK r. 6516361311 05/05/99 10 :14 5 :01/01 No:163 a AWN= fiallatilte Fax Transmission Aseadates Imps. Date: S- 4- 19 ^�— /� / To: 4 , Front one1 r" tiCeSern Fax Nu r , 42--a- Glee 1 29 CAT Flle No: C 4 - nevi . Organization C 11 yr Pages to Follow' CI Subject' _ � a p '/ 3 4 Original WI» Follow in Mail: Yes No, r+a Remarks: : / aa+ • I reAtt Rages frre l mints t Grad q i9t34 nac�C l ) ) Fro / St ern �im'fro / 6 Nt tthtiy Rires -Y rer -fri.W 140.411 / � 1 _ Z NAri 7+�Y 71flUwloil 41 J, The e c I�Fe -107c s!/ 7 / otria+w � +i' .#" ri4 guA hr4's f CIA eiC e >raptly el e t f 0u. . r� Xc.ne ! z- 3 4e. t r rna 01ee% shoa l 1 4 c k tam owl A 14 in eiril7 N7 6414 Ji is 48 J 4. M 4 1 . 5 I I i n c + 1 / 1 . v i # wain Me►tn &a7 E d i t s SIo Cn �r i'4t 14 / 104 coa iie I / S nes ad or , d�'lvri * ss. or / r l FO __ r serif .F 7 C5{ f io ' n% » Clewrwatit co.g , / Note to Addressee: If you did not receive all of the pages in good condition, please advise sender at your earliest convenience Thank You, Sonestroo, Resene. Andatik and Associates 2335 West Highway 36 a St. Paul, MN 55113 • Phone: 6124364600 is Fax: 612- 636 -1311 ..._--- .,- -- -- --- --Por Office Use Only-------- .._._.-- -- ».._....., Fax then malt Yes Urgent fax laenemately: Yes / Cage to confirm fax was renaled: Yet No Fax and return oaret to sender: Yes No Marie copes tor: Fie Others Fax copilot to !more San onet Other: 1 7 2 • • 6.15 as A� • SHARP & ASSOCIATES LLC. 10907 -93 Avenue North Maple Grove, MN 55369-4199 April 28, 1999 City of Centerville 1880 Main Street Centerville, MN 55038 Re:Proposed Office and Garden Center for Goetz Landscape and Irrigation, Inc. To The Honorable Planning Commission and City Council: Please find herewith for your review three full size sets of plans and fifteen 11" x 17" reductions. The civil engineer, Mr. Plowe, is working with Rice Creek Watershed on delineation of the wet lands and drainage calculations for the attached plans. If there is anything else needed for your review, please contact me at (612)425 -2002. Sin ely, c/i741i r , A Dennis L. Sharp Chief Manager Enclosures cc: Joe Goetz PHONE (612)425-2002 FAX (612)425 -6428 r - F 1 P R O P O S E D B U I L D I N G F O R SHARP A N D A S S O CIA T E S COMMERCIAL PLAN REVIEW FOR CODE COMPLIANCE ; A. GENERAL INFORMATION O W N E R C O N T R A C T O R A R C H I T E C T E N G I N E E R C V I L ENGIN E E R N N cam Leema H eje 1441 f • "e G O E T Z L A N D S C A P I N G S H A R P A N D L A M P E R T M A C M C C A L L A P L O W E x"i 1g14` 6iy'" �"' A N D I R R I G A T I O N I N C. A S S O C I A T E S A R C H I T E C T S E N G I N E E R I N G E N G I N E E R I N G w Ste ]'..e. 1111.7711 at N en M On AM• /as • I=W]LL 2030 Main St. 10907 93rd Ave. North 13837 NE Lincoln St. 6600 75 1/2 Ave. N. 9180 Lexington Avenue NE P.MW c4.5.• - 210.1. A IJN.1. Cm s13.1112 •p Centerville, MN Maple Grave, MN, 55369 -4199 Horn Lcke, MN 55304 Brooklyn Park, MN 55428 CRcle Pines, MN 55014 Zen Men1r .n.N" E CUES L A M P E R T B. APPLICABLE Phone: 672 -425 -2002 Phone: 612- 755 -1211 Phone: 612- 560 -7446 Phone: 612 -785 -1043 �E, ARCHITECT 5 2. Gi.,r ,. ^,D NB: wR i M• NS Den 13937 YE Lincoln Semi S ♦ Wmx Venn us W Wm Nom Lake MN 55.01 I•' Can F 755 1 211 2. 14 Mew � [!M 41..14 - ^e -- .n.v.. 7. 1 “" ICC IISS IOW 2 • wens n• L••• ins Eµ, 44 Ytnsl• ItYAG • R Mt 1944 One .. _ .. _ .. _ .. _ .. _ .. .. 5 96 . 25' N 00 E C ION (MVn s A I WORT in _.. _ ._.. �.. _..�.. 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APRON / PR°POSEn BUILDING '10'.60 z 1 04044 04044 Her ILX NA Y{ iq 27 AT''0- ] ens P11 05X0 OUI{DI41 1 I 2 Aspen xp11 . -C sly r' W R A l l 5.9],9 et . / I I b ' I 2, 15 . 5.:M.PS030513 w 902 • 18419 m. 1 In 1 20_0• Z I 1 1 ]C - 0' 1 2e' 0 / 1 . 0 1 Nn wa- 411 al//�'UP•t• 33.1% .4 10 m . . -.. b¢I I 1 / / rounwtTEO CLASS 5 ( 6 G OCCUPANCY SEPARAIIDN B u W 0 ( ) WALK (TO BE PAYED) 1.5°9 2.'. 1 t3>. v( ) / I N M 1 mve SwRMA Ws.1 5-3 menu• m I /�®/ / I H. FIRE RESISTIVE RATINGS (UBC TABLE (i-A) I GI 1, Dian Ran in no Neadrew , PAVING • COWACTED CLASS 5 Of' 1 � /�� � /�/ `9f.V BY 1•• ' 0 WALK WAY (TG BE PAVED/ / IGTxERS T I. 1.1111.2 R o F `. 1• M S14 w Ag 11 n. STEEL PPE BCLLMO 1 Z I 0 , x• 11 I $EE DETAIL J /A1 Cj 1 2 tow M P•.a 1- Ile, N ,, 0 - LINO WALK UP o 3 0*, Meal Lm, nn W/ OVERHEAD 0004 l 10 22. ,PA ;AMONG 335 T 1 1 1 1� I. OCCUPANCY LOAp (UBC TABLE 10- ( 7 J U EE1EIACK 1 \ v XI' -0• 000011X0 Real( 2 6 E]TSTNC O ACCESSIBLE CURB 0111 q•_0• `B 9/ 12 LUNG MRB 1 1'"1. 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"4 Rr NBC %9.1) RWx / TOP NC 111.qu,B W.- 41114• meumn.(11.51441441) 0 Z L PLUMBING FIXTURES - INCLUDING ACCESSIBLE (UBC APP. 0APT 29) L -PANT 6XIARO !• H 11 • 2 1 R ( , 30 LB PELT Jp MLR( TURE MATERIALS 1 Lon 2 , v MATERIAL 1441. TO BE OF TIP. NAAD 4. IMAM.. MM .R1. PNi61 By I•1 • SURFACE TYPE (CONCRETE. S 1.6 Si* B L ^• A y 9 * -- BITUMINOUS B1nuNaus. ETC.) M PARKING � � Ala a aF- ' 111 - - 1 L [' I r 11∎ 140 U/PC •L •�.p - ll - ce i 3. LSO • ROW ws.s X11 =� I 1 2.44 u.17 B.•nMv F01 • I r Dream 4Y. .sB • Ind Pelee Men* . n 9927 01RBM By. 11. lML _ • 7 3 : 1141 P.M, AMY " 1 7 = Wen � ..� UM3 • 'N 1111 FOOTING Inn . w411M1. • r lr 2727. INI Rerlyelle I g Nrp ID 427.99 OTY s3BMITIN, TqN Ep N. PAVEMENT DESIGN: uP !a t]p] fwF J 1. M coma. .M tn. vreewme MY FCR nOLxll°x b 1 -1/14 BMF1 .e• Can Pa °001 2321 TWO N - 1/14 Mee Mem W 691. =N bre S g d ()STEEL PIPE BOLLARD • 1p - 2 AN Rein k••• . W. OAT na D 11/3 - t • _0 • 1614441.. w. On 22401. 7331 Tee 41 OW STALLS ADJACENT 1g 6 PA r linen Oa S r I K. OAT 3141 TM s , TO re AC= AIDE $$ B W V ` ammo am PPM; iW 5Gl B LAl2 i di 11 SITE PUN I I Sheet Number g =PAVED FARM I. ®ACCESSIBLE SIGNS 0B6/ 12 CONC. CURB ®ACCESSIBLE CURB CUT Al 1' - 1 -O 1 • - 1 -D 1 H' - Y -o J t--- um --> - - - PROPOSED BUILDING - _ _ sr OT ii SEE VD FOR MAN 1m5 AREA / ° • • I MOD i /' 2 sOS I 1 $C 4(L1 FOR ' 1 I : M6 AREA O LANOSCAPE PLAN �\E ]a -a- - �° r (Jr ©470 V PLANTING SCHED V OIITUIWPWGS ' `4 ROCS .N Nµ :•. U. TM/ O ® OMARF MCTC r LAYER R C 0:1/,', Q© 9 BLUE wLLOW 0:03 CAP 4Rd �� J; 0 O to BURNING BUSH EAA IDS'CC S RAM yqM AuiVS'CCYPACiA' LOMA Q f ` A 9 CARDINAL S - 1cRPr- nMnw 9°S. INN 7 ' PoYN, Ka ACE0. a MEAN. .: �.. FERTILIZER • •' (TO, FI`f t Y 2 - 2.5' M1 _11111 1 REYm4 rRE wo Hunt • r PROPOSED BLDG. • $a, ) N TAUCOLO -�RYr- 2' -1.5' ri BY OTHERS ��P� ,e ® t IMPERIAL AROMA Z " - J „ , y�, W. OwsT 110GWTNOS y P lei— / © .. `� Sti"' c D R 4EwiaeavA 1 I le• wrl. N CC U f O��QQ�'/;f', 1 0 XA CRATAECDS 1. 0 h s v ' Of 9 roR. HAL° - -err_ ©SHRUB PLANTING DETAIL 111 0 EAENNALS I ffii'' © OJ Qin• A///1� ///��`qqq��� aOCAVW W Nor ro O Z 1 OPEN AREA -RR © O �, 9 MINT JULEP M ➢5 JJNIPERUS � i '... COMPACT ACER PNNALA SIGH St `v , 14 • l ...MDR 4 • U Q 1 - OMfRS I Q tj RH t OD LLA P02NTLL.L Q (3 vARIEnE3) FRUTpOSA 1 1 I 0 9 RXLOOOENORW RHODODENDRON urBRl03 NEnFi I N - L I 19 CO 5?rRACA l l >' scx 1 T JAPANESE SIANG.. ANURENS6 1 UNION* TREES NATURAL t_-.L THEE MAC JAPONICA RAM BY MIMIC Z X &MX MI TOM OLAUCA 6' B' BOSO FLUSH Rw BARc D' " fly a SPRUCE DENSATA TA42pN tW TANUS • YNIA DD NOT 4-H PRUNE Fp1,Wi ONE IMBD U e Y WI LOOMS a By l V AZALEA RXODWENDRpY HYDROS STMCNC AT CONTRACTORS tl RSwtlmF I ©v •� ' 5 Z AI (5 DARIEN-ST o11'N` 4.:7.90 OTT R� WRYIIIq, / A O� NOTE: VERIFY R S NOT SHORN ��'RJ ©1 I C0 t 4 IRRIGATION NY OMER - JRIGAWE / PAPER tR[E ARAB A Y ^ O S ALL SODDED MEAS E / : nLLOo u . NEAR TRW OLDS Z P - R 0' • I SOD ALL OISTIRBW AREA yAyl DEPTH 0-.0, It RCM MN[ PERENNIALS ^ f' ..` J q N OPEN AREA ' " v 7 V A P j i 1 x men( A MAIN IM w9 T1 r -r DEPnI a vERLIEm+ _ MADE 0 VA aun•.RCPVwOS YO " ."--- �� wW n U N �L 1 =1C 1A1 I =m OWE PERMETE0 OJT 0 QA S ©I _.. 1' -1 MEP 10 HOD SLAM e ©�� = awn MR N u anon taro ON LANDSCAPE PLAN ... .. _ - ��.®G GN OC 1 - •Te•LL GAD I MA sox EYISTBC srz s0. © KNOT PROPER SOL 1EATYRE FM MEL ]a RC01BµL WOTi 1 0404001, MI A SWOY LOW SOL I Sheet Number g ENLARGED LANDSCAPE PLAN © NO TREE SCALE DETAIL � r _ ® L 1 -J L 1 - r �5/B NPE . 1 OW. B0. LAVAIORI SHALL HAW A CLEAR AC:EDS MOTH CF NOT LESS THAN ]0. 0-EAR HEIGHT y' NOT LESS OHM 29 TO INC BOTTOM OF THE FIXTURE APRON. CLEAR HEIGHT Of NOT MORE 34' 10 THE 1( METAL 5TI05 MY 0, MUM M M O A CLEAR CEP Ci NOT LESS THAN tY 6 - (YIN.) UNDER INC FIXTURE EXCLUSIVE OF BOK AND WASTE PIPS ALL } A EXPOSED P0•55 ARE TO BE COVERED WTI M INSULATED PROTECTIVE ' H . C ---- 5/C TYPE Y OW. B0. MATERIAL 193E WAFER COMM VALVES SHALL NAVE LEVER HANDLES. more 27331• AT MN (W FILE Nd 939 1300) 2Y - WALL MOUNTED TORT TOILET RMY ACCESSORIES NOTE: 31 - FLOW MOUNTED TOILET ONE LAYER 5/3 TYPE X CYP91M WALLBOARD Ci VENEER BASE APPLIS PARALLEL WIN MIRRORS SHALL BE MOUNTED SO M AN Sr AT THE BOTTOM 15 HO HIGHER THAN OR Al RGHI ANGLES TO EACH 505 OF 3 METAL STUDS 24 WMH 1 TYPE 5 ABOVE ME FLOOR. ALL WALL - MOUNTED DISPENSERS WASTE DISPOSAL �• DRYWALL SCREWS re. TO VERTICAL EDQS MO Ix ac TO TOP M0 BOTTOM RUNNERS CONTAINERS. OR SWEAR ACCESSORIES SHALL BE 1LOIM1E0 SO THAI / AM MTEMCWnTE STUDS WALT ALL VERTICAL ARO HORIZONTAL JONES 243.6 xMXIN0 HOCK IS NO NIGHER THAN b ABOVE THE FLOM, AND o I�.� / ` EACH 90E AND CPP09TE S0ES a FIRE TEST. FY W -43. 6/00. 050 F-1791. AM SHALL SE MEE & INTERFERENCE BY GRAB BARS OR OTHER ACCESSCRES - / ` ` SOUND TE ROC 2935. ] -5F> / ® 1 HOUR NON -LOAD BEARING WALL _ 1 2 - 14 f3 : I / ��' • — aY J // CLEAR LAM PERT E RT I /re - I• - q J a FLDDR / / / A R C H I T E C T S C. I O ` � 13637 NE Llnc•In 51n,1 — t. r tf-TY F ♦ .• Mem Pa 1.5304 111 �— N•cN 1 wow '.I 1 r= g — � s n Y b - -- I 1 vLaiulu at ^ 3 4 ^ REVISTEMED We Ct � UXT BACK WALL 510E WALL B • M N. MAx(TOE OLFIRNIEEI 0018 HA Leer. 1Y MM. ELEARAF(EINA 4 .1 CRAB BAILS AT ACCESSBLE WATER 40415 LAVATXLY CLEARANCES au m.< I WI MCA TIM PC. f1RESTROOM DETAI S ()ENLARGED RESTROOM PLAN -- ••• © No ro 2/B- - I'"0• - . O { se -o. ' , I SD -o I 4D -o' 14'- o - O xi' -e3 ! -0•, e' -0' f_O• e' -0• 4' -O•, W -0' ( -C . — —_ 1-- l 0 v 7 V ^` J f.0 ' -- j� SCUD WALLS 1 • I ° /L ' xDICA1E , MNR V L� IQ ELI 2 0 n].I,MA E UNISEX CONSTRUCT°. . OV ERHEAD WASH 4E DETAIL 4/62 _ L_ © < Z N wi 1 C °,E: 3.012. , 0 b V O ® O _ � ' WOWEN e C ago LUNCH W'M O 0 1pENCH 0 O ] OM PI • - ORNx l9 OCtlIPM b i Z Q Cab • —. a — D b DOOR WAREHOUSE I ®I _. _ i L_ ® e o ® ANTS ' r EC® ;� , !! F � E L t 4 . 6455 V h ) O V z u � 2 T ■ V I ° I • 12.1 E 2 NT OFFICE RUM I, D ® B C CNOMTS I ° b v T2roccuPARRS . [ 1.'110' � sI O I I ® .•• ••R IWY I © © N / y . ♦ Drawn aW . 1313 O ry L 't` P.c 13 1/ U. LTD. ° ® —W I R9Mdwn _ _ 0 _ _ O „ - O N L ®. b 4.27.99 CITY 4WBWTTAL b p y{ rie' � l MOD 1 © O M'1 ° e OVERIEAO ® � . -- 1 — / 5•_4• -D• p•_O• j • •_0• C•_4• A f -0• 11i -D' B' -a•; r 3 n'-IY 6 -4• I T••0• 1. • $1-r ir-U• 240, if-if 2',e• I 9' -8• 1 . e 41. -0. i I it FLOOR PLAN ' AND DETAILS ®FL OOR PLAN =, r p She Number 8 A2 J • r f l < 1OP Gf Op(W ENIR 1 LY� BRb12E SETµ SYOOM BLOEN W/ WOO SHINGLE ROCK FACE OOUBL RN¢O _ Of 0.0IX COPING PASEO PANEL INLAY SHED ROOF =O01 PANELS 101>P2 TR = s�_ Li-e- — o FACE A ttIP o mote • Er_ _ -- 1B = - _ —1� _ = VERIFY YATE1 WSTOU MANTEL - V NI = – – MLS tt nats = t W/ OWNER/ CWMACTOR _ g e CORNERS ROCK PACE ±- ___ _._ f = . _ _ . —. _ L A N P E R T BLOCK — - AR CHITECT S FIN _ '° ii' °'�� E f I IS 13617 NE Lincoln Streit — • • m.. Lake. NN 55.304 1M1 • IGO - twain MGMI n..avnvvp N..w.N...'_.a.... ANGLE SCORE BLOCK ARCMT:CT CFATFIGTON: •t csT M NAT T6 MAN. PSV'CITM1 IC OMNI INS PCONd WY we OR •S NF * � G ATpWOlAL IECT el EAST ELEVATION OF W.NEWA. I/B I' -0' BRVNSE LETµ ROO/ FACE In TOP Cr BLOQf OCCPeG BLOCK — �s avrw.w N. Y IZd'Z' _ — _. MOD SNMUE wrt SONG • SHED ROOF BRIO< WOW • CORNERS al I A FIN191N FL _ = 4 ltd' -d• DDA ° • O SOUTH D ELEVATION Z V r Q z O TOP CF MCC/ • ENTRY v O y t o :i OZ 0 < a WEST ELEVATION IMF' . . r_D down BW .FIB J TOP Q LO BCK 611_02/ dFCNNd an LI- Lin. Q IGO- O' L_ OSIE RNSEO ROOC FACE 0 TOP CF g,N( / W PANELS 91-00E RNrlNlpn �• ROIX FACE f O NSTOY MATERIALS ° g —_ —�— L L£RPY Y coN _ W/ 'MER/ OONBIALTLN =_ _ V s CORNERS -- - _ 3 C ' • iIM91E0 FLOCK ��vs °' 3 -0 / ..° ELEVATIONS ° `SS<uE SCORE • °• IS mace s NO Sheet Number NORTH ELEVATION ®I,B A3 1 J r GOETZ LANDSCAPING E . PRRELIMINARY GRADING, DRAINAGE, EROSION CONTROL AND UTILITY PLAN • CENTERVILLE, MINNESOTA - — — ik T9IN PP RAP R -- —_— �; T ' Y "/ /_ 4:--. _...- ---t; _ '7i___ —__ _ __ _ S '.'6R6.'s —u� =-. 1 I I — _� _ J I _Th I - - ___rt' - -' -----S• _ i r / i {\ / � . ..- _ ___ _ _ -_ \� , . 1 1 . g V . k 1 d �I i. / / \ I 1� � k / "�F ¢ I E ' � 2 I r. rs k P --1.1 pp .. .i aJ c. ./ a ''''S'.9(17 7) � j / / 1 A a._ 5:. E r r-s 1 5 ; Y Y \ �•^ -n iEd IFaca';. - L c\ `' ) _ CUCUT /! a i k z {NOT w SCALE) F'� j I � I I r i ! :.33,' > .Ar G'I 4 ' ^ '•-( rte` —_/ 1 . . r ♦ __... ^ -- �..r., _ • M r . > c kt G I rs � _ _ 1 - - /n - --- -i v i - s %I _� 1 le - / r � L � — I ' --' Fr- a u� �, a _-.- _ _ - 'j — - • — ':� -.=w_ \ ' V t V -i • I Y '`' t�•�� 71 . a f 1 1 -n ROCK [ONSTRIJCTION ENTRANCE _ / i y , - \ - 1 : ._ _. _— -�� RIPRAP DETAIL a a - 3 - GENERAL NOTES II me irtarl _n ^ r r v T:1 a F P C rC La N F { e r L _ � : I . - . ✓. - A 4N r N gip.... a, n L ♦ -.. . ... . 4 I- - .t� _1 r !4. DA': �rF G..v 4�,;10.6 L - y-" { r r 7,' , r .r,. s e . II,,� �_ ; 'fit i T :: 4 AL 4 • P E LL ,r ra � ; L " t/: ^ _ v.G S . ♦.n m. �-. a. .. IN ]v. n.e .♦r -._.n. : F: l• ■v:.l • r "1: L':: h :4 , 1 �� mac i .r t ._ N (� / <' 1 4---� W-: i7 �r 1 CHARLES 11 CENTERVILLE. MINNESOTA W PLOWS CONSUL 7ING ENGINEER = (,t: FEF1 -- { MEMO DATE : May 7, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Amendment to Centerville Floodplain Ordinance Included in your packet is a copy of the current floodplain ordinance. Also included is a copy of a letter that was received from the DNR specifying the amendments that are required to our ordinance. Council needs to approve the amendments in the letter as specified by the DNR. The DNR will automatically approve the amendments and send the information to FEMA. The amendments are required to be able to continue as a participant in the national flood insurance program. y � P � s OF MINke,_ 4 o �� 4 Minnesota Department of Natural Resources W 1 1 , �,m 500 Lafayette Road ' St. Paul, Minnesota 55155-40 Apri18, 1999 Mr. Jim March City Administrator 1880 Main St. Centerville, MN 55038 Dear Mr. March: CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE REVISIONS On April 6, 1999, DNR Waters' Floodplain Program Manager Tom Lutgen called you to discuss the Flood Insurance Study (FIS) restudy for the City of Centerville. This restudy is being accomplished by the Federal Emergency Management Agency (FEMA) as part of a document entitled "Flood Insurance Study, City of Centerville, Minnesota, Anoka County," with an effective date of June 2, 1999. You received a letter from FEMA dated March 3, 1999 (copy enclosed) advising the City to make appropriate revisions to its floodplain regulations by the June 2, 1999 effective date. The purpose of our telephone call was to offer assistance to the City of Centerville in determining the necessary floodplain ordinance revisions that must be adopted in conformance with 44 CFR Section 60.3(d). You agreed that DNR Waters should outline below the floodplain ordinance revisions that would be necessary to Centerville's " Ordinance 33 -A District Floodplain Management Ordinance, Two- Map Format " These recommended changes are outlined below to reflect the City's updated Flood Insurance Rate Map in a one -map format: - Amend Section 2.1 to read: "Land to Which Ordinance Applies: This ordinance shall apply to all lands within the jurisdiction of the City of Centerville shown on the Official Zoning Map and/or the attachments thereto as being located with the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts." - Amend Section 2.2 to read: "Establishment of Official Zoning Map: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this DNR Information: 612- 296 -6157, 1- 800 -766 -6000 • TTY: 612- 296 -5484, 1- 800 -657 -3929 An Equal Opportunity Employer + A Printed on Recycled Paper Containing a Who Values Diversity `OP Minimum of lfl% Post - Consumer Waste April 8, 1999 Page 2 ordinance. The attached material shall include the Flood Insurance Study for the City of Centerville, prepared by the Federal Emergency Management Agency, dated June 2, 1999, and the Flood Insurance Rate Map dated June 2, 1999 therein. The Official Zoning Map shall be on file in the Office of the City Clerk/Administrator and the County auditor." - Amend Section 3.0 (ESTABLISHMENT OF ZONING DISTRICTS) to read: "3.1 Districts: 3.11. Floodway District. The Floodway District shall include those areas designated as floodway on the Hood Insurance Rate Map adopted in Section 2.2. 3.12 Flood Fringe District. The Flood Fringe District shall include those areas designated as Zone AE on the Flood Insurance Rate Map adopted in Section 2.2 that are located outside of the floodway. 3.13. General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A zones on the Flood insurance Rate Map adopted in Section 2.2 of this ordinance." - Amend the second to last sentence of Section 3.2 (Compliance) to read: "Within the Floodway, Flood Fringe, or General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 that follow, respectively, shall be prohibited." The Department of Natural Resources would consider adoption of the aforementioned proposed ordinance amendments for the City of Centerville as compliant with "Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota." We anticipate that the City will agree to make these revisions. Consequently, on behalf of the Commissioner of Natural Resources, I hereby conditionally certify state approval of the above -cited ordinance revisions in accordance with Minnesota Statutes, Section 103F. Please note that any changes to our suggested ordinance revisions will require my prior approval before they would be valid. This approval will be final upon DNR Waters' receipt of three (3) certified copies of the formally adopted ordinance revisions cited above and a completed copy the Ordinance Certification checklist that I have enclosed. Please send these materials to your DNR Waters' Area Hydrologist Tom Hovey at DNR Waters, 1200 Warner Road, St. Paul, Mn 55106. April 8, 1999 Page 3 Please note also that Centerville is required to send copies of hearing notices and final decisions relating to variances and conditional use permits relating to this ordinance to this Department. Please send these notices directly to Mr. Hovey and rely on him for day -to -day assistance in administering this ordinance. Since Centerville's continued participation in the National Flood Insurance Program is conditioned upon the community maintaining a compliant floodplain ordinance, we will forward a copy of the adopted ordinance revision to the FEMA Regional Office in Chicago, IL. Your cooperation and initiative in providing for the reduction of flood damage through the administration of this ordinance is greatly appreciated. Should you have any questions concerning the necessary ordinance amendments, please contact Mr. Hovey at (651) 772 -7910. Sincerely, DNR Waters Fit Mt O azghi ' upervisor Land Use Unit Enclosure c. Tira Miller Tom Hovey Bret Anderson i C‘ j ; V erV l ` 1880 Main Street • Centerville, MN 55038 Established 1857 (651) 429 -3232 • fat (651) 429 -8629 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA NOTICE OF PLANNING AND ZONING COMMISSION WORKSHOP TUESDAY MAY 184999 6:00 P:M1 NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission for the City of Centerville will a Workshop - Meeting - at6:00 - P.M. Tuesday, May - 1999 - at City Hall, 1880 Main Street. The Workshop is designed to review Ordinance 58 - 66 and Chuptei 150 ofthe'new ordiuunte in °pupal. Thrnothnitatc to contact the City ks Office by telephoning (651) 429 -3232 or by facsimile (651) 429 -8629 if you have an questions - or if you need additional information. DATE: May 5, 1999 SIGNED: Ry -Chef Gaustad, CMC City Clsrk ,, re to rvitte 1880 Main Street • Centerville, WT[ 55 038 Established 1857 (651) 429 -3232 • fat (651) 429 -8629 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA NOTICE THAT CENTERVILLE CITY COUNCIL, PLANNING AND ZONING COMMISSION, PARK AND RECREATION,-ARE INVI-TEID TO ATTEND THE ECONOMIC DEVELOPMENT COMMITTEES BUSINESS APPRECIATION DINNER ON TUESDAY, MAY 11 S OOFM._ NOTICE IS HEREBY GIVEN that the Centerville City Council, Planning and Zoning Commission, Park and Recreation Committee will be attendance at an sponsored appreciation dinner at 5:00 p.m. on Tuesday, May 11, 1999 at City Hall, 1880 Main Street. The dinner is designed to express appreciation to business owners - and to promote community among corporate citizens. Contact the City Clerk's office by telephoning (651) 429 -3232 or facsimile (651p 429- 8629 - if you have any questions or if need additional information. Thank you. DATE: May 5, 1999 SIGNED: Ry- Cltel -City-C,ierk e terville 1880 Main Street • Centerville, Ma( 55038 stab(shed 1857 (651) 429 -3232 • Fax (651) 429 -8629 CITY OF CENTERVILLE ANOKA- COUNTY, MINNESOTA CENTERVILLE CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORKSHOP THURSDAY, MAY 20, 1999 9:00 A.M. TO 4:00 P.M. NOTICE IS HEREBY GIVEN that the City Council and the Planning and Zoning Commission for the City of Centerville will hold Workshop Meeting from 9:00 a:nr, to 4:00 P.M. on Thursday, May 20, 1999 at City Hall, 1880 Main Street. The Workshop Meeting is to discuss and review Ordinance #4; rewrite. Do not hesitate to contact the - City Clerks Office by telephoning (651) 429 -3232 or by facsimile (651) 429 -8629 if you have any questions orifyou - need additional information. DATE: May 5, 1999 SIGNED: Ry-Cltel Gaustad,£MC Gity Glerlc FA:.Y ✓ e ✓er itte 1880 Main Street • Centerville, 1 55038 Established 1857 (651)429 3232 • fax (651) 429 -8629 CITY OF CENTERVILLE ANOKA COUNTY CENTERVILLE CITY COUNCIL WORKSHOP TUESDAY MAY 35,_I+399 6:00 P.M. NOTICE IS HEREBY GIVEN that the City Council for the City of Centerville will hold Workshop Meeting at 6:00 P.M. on Tuesday, May 25; 1999 at City Halt, 1880 Main Street. The Workshop Meeting is to discuss and review Ordinance #4; rewrite. Do not hesitate to contact the Clerks Office by telephoning (651) 42'. -3232 or by facsimile (651) 429 -8629 if you have any questions or if you need additional information. DATE: May 5,1999 SIGNED: Ry -Chel Gaustad, CMC City Clerk CENTERVILLE YOUTH CENTER INVESTIGATING GROUP MEETING ACTNUTES FOR APRIL 15, 1999 PRESENT: Chair Monica Travis Secretary Ry -Chel Gaustad Kathy Kramrn Jill Lien Upon thanking everyone for attending Chair Traivs opened the meeting at 6:30 p.m. The group elected to establish a start and end time for each meeting and to get together as needed. in hopes to create community, the group identified the general objective and developed a mission statement. "To engage the teenage population in a variety of individual and group activities in a safe and controlled environment and at a reasonable cost." The group discussed and developed ideas, goals and milestones: LOCATIONS: The group discussed using the Centerville Elementary School as a hang out location. Several areas are designed for activities, such as, basketball, volley hall, and soccer. Kratnm questioned the likelihood to develop the old city hall (Public Works Department) bu iding into the youth center and location. The group noted that was a fabulous idea - especially since the City is considering relocating the Public Works and Building inspection offices. The group suggested touring the facility at the next meeting. FINANCES: The group suggested soliciting funds from the Lions, CDBG, VFW, MS Society, State, County, City, Special Interest Groups, County Bank, Concessions. Gaustad was asked to contact Officer Ron Nelson of the Circle Pines Lexington Police Department in regards to grants /loans, similar to the Lexington Youth Facility. The group discussed holding a drawing for persons donating the hest /nicest furniture from the City Wide Garage Sale participants. The furniture would be used in the youth center. It was noted that the County Bank may be interested in donating funds to give the public utility building (PUB) a "Face Lift" (paint, games, supplies, equipment). The group decided that concessions may provide funds for activities, such as: Skiing, Swimming, Wave Pool. The group noted the concession area could be located behind the window at the PUB. Concession Sales: Hot Chocolate Popcorn Pop Chips /Candy Coffee BUILDING: The group concurred that using the PUB or the Elementary School may prove to be an excellent opportunity to note the youth activity and actual interest. If the concept and facility proves successful, then pursuit of a new facility and funding can be considered and researched. The Chair initiated the discussion on the immediate needs of the facility. Bean Bags Paint Couches CD/Music /Stereo Chairs Electric Games Tables Pool Table End/coffee tables Posters Board games Television Cards Sony Play Station ADVERTISING: The group suggested setting up an exhibitors booth at Garage Sale Days in hope to survey teenagers and parents. During the survey the group suggested polling people for their interest in outdoor activities. Lien was asked to ask the Park Committee its interest in sponsoring outdoor activities. _ //YOfl frai IWUS L� L�4�L5 del i rnmy 1541n, r,C» r ? OUTDOOR RECRE.4TIO : Basketball The group noted the location is near LaMotte Park Volleyball and the Church. The group entertained inviting the Soccer churches youth group to youth group sponsored events Hockey Broom ball Fire Pit Horse shoes Lawn Chairs - Lay Out The group suggested asking the city of Lexington how liability is considered and handled. Monthly Youth Sponsored Events: Summer: Horseback riding/ Hay Rides Roller Blade Races Stunt Shows Outdoor Concerts Basketball/Volley Ball Tournament Mountain Bike Trips Pizza Party The group discussed constructing a portable concession stand and utilizing it during LaMotte Park activities (ball games, hockey, soccer) to raise funds. Winter: Roller Skating �w All Night Skiing Fund Raisers - All night rock around the Clock �h Bake Sales �'X � ����'� Dances (v New Union Concerts Movies/Videos 2:7 Crash Tournaments HOUSE RULES: The group suggested to contact Mayor Tom Wilharber - Police Liaison for a review of the plans and ideas prior to continuing. The group suggested that the members return to the next meeting with house rules. It is the groups hope to continue in providing a facility for teenagers, so please refrain from. Swearing Smoking Drinking Physical Contact Fighting FACILITY NAME: Chair Travis explored the possibilities of names and suggested that ultimately the teenagers vote on the name to assist in their identification of ownership. The Hometown Hangout The Hangout The Hat Hook . The Club The P1513 (Public Utility Building) The O' Pub Kramm was asked to compile a list of interested teenagers that may be interested in participating. Gaustad suggested Carolyn Brenner and Cynthia Navin. • FACILITY MANAGEMENT: The group thought that two on site, adult supervisors (Leaders) would be adequate for Friday and Saturday evenings. It was proposed the facility would be opened between 7:00 p.m. and 11:00 p.m., Friday and Saturdays. Depending on interest, the facility could be open from noon to 11:00 p.m. on Saturdays. The Leaders, in conjunction with the Police Department could oversee a safe departure of the teenagers. The group suggested placing a "Help Wanted" notice up at Chauncey Barret Gardens to generate adult interest and to promote interaction between the youth and adults. It was mentioned that volunteer time is required to graduate from High School and that perhaps some teenagers may be interested in helping manage the facility on a volunteer base. COMMENTS - 1. Study the activity level at the Public Works Building facility or Elementary School, prior to investing time and energy in financing and constructing a new facility, - All The group's consensus is to observe the activity level and nf,'er a year of operation, perhaps the City may recognize the demand for a youth facility. 2. .Approach Cynthia Navin, and Carolyn Brenner and two other teens in regards to taking a "lead" position the first few nights of operation - Gaustad/Lein 1 Contact Mayor W ilharber regarding the Police Depanments insight and the possibility to use the old Fire Engine as a youth float for parades - Lien 4. Check on liability - Travis S. Donations from Garage Sale Days / Drawing - Lien 6. Research Financial Support as noted - Travis /Gaustad Z Exhibitors Roth - Lien 9. Check with the League of Cities about other Cities facilities and their concerns - Gaustad 10. Develop a list of Centerville Teenagers - Kramm 11. Contact the Park Committee as to its interest in sponsoring outdoor activities" n CONCLUSION C Qd� In the beginning of operation, the facility could be open one night from 7:00 p.m to 11:00 p.m. to be in compliance with curfew law. � ,cA The next meeting: Research and Developments > *Vote on the facility name 0- 1X(1 *Determine the need for a youth board \ � OP � (Job not limited to the youth center, but perliaps to make relevant v ti 1 r 7j 2 recommendation to Council on YOUTH issues). V\(‘'1 , ) *Tour the Public. Works, Elementary and Lexington facilities (ADA). jr�` / (LeP ' House Rules *Other Business / Chair Travis thanked Ms. Lien, Ms. Kramm and Ms. Gaustad for providing insight and suggestions. When determined, the next meeting notice will be sent out Meeting adjourned at 7:30 p.m. Respectfully Submitted, 0 C Ry -Chel Gaustad, Secretary n 1-1 11 , `/ 11�� �(V�V� c4N reiricb04. a ‘c() cvv\ _____ . r ,3/4., NOT APPROVED CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION - MAY 4r 1999 Pursuant to due - call and notice thereof the-Planning Commission ofthe City of Centerville held its regularly scheduled meeting at City Hall, 1880 Main Street. PRESENT: Chairwoma:rKathyWelk Commission Members' Brian Hanson Linda Broussard Vickers Al LaMotte ABSENT: None STAFF /CONSULTANTS: JimMarch City Admilustiator Ry -Chel Gaustad, City Clerk PauFPalwcz; Public-Works Director/ Building Inspector OPENING PUBLIC HEARING (S) Variance Ren - Wol£( cc Buil Mr. Paul Wolf was present to request a variance to construct an accessory building that had betabled by the Commission. The Commission shared with the pi opei ty ownerthattonightthe Commission deny the request or table it until after Ordinance #4 is near complete. The Commission did not want to grant a variance until it aware - what the consensus of the City yis as it to accessory buildings. Motion by Linda Broussard Motion seconded by Al LaMotte. Motion carried unanimously. Special Use Permit - Dennis Mindy Ms. Gaustad updated the Commission on the construction of a Redi -Mix business. Ms. Welk noted receipt of a letter fimein• Tam and Patty Cannon (1818 Hay & el&Rd -} • Planning & Zoning May 4, 1999 Mr. Paul Palzer confirmed Ms. Broussard Vickers question regarding a Satellite that meets with the minimal facility requirements forabusiness. Mr. Brian Hanson confirmed MPCA will regulate the cement overage/droppings in order to protect the creek from needless run off. Motion by Linda Broussard Vickers to close the public hearing. Motion seconded by Al LaMotte:- Motion carried unanimously. Variance Request - Killian Mr.: David Killian would like a structure and replaceit larger facility to house a van and a workshop. The rear property is not usable and the neighboring property owners put in-a similar is two - (2 ) of the property line. The Commission granted a variance for that structure. Mr. Killian requestedthesame consideration. Ms Welk questioned Paul to cui!tilt policy: Mr. Palzer statectthc cuz policy reflects a three (3) foot building code, adding the City code is five (5) feet for emergency vehicle access. Mr. Killiarrrequested the Commission grant W U isicefora - front porch with the garage expansion variance. Ms Gaustad stated when- arequest to-veerf<uin the Ordinance is presenteitathe Commission, the City needs to notify the public of the proposal. In short, the City cannot add thisrequest to the existing variance published noticed. Mr. Palzer added that the variance that was granted to the lot next door is located in the B1 Commercial district. Furthermore - 1695 -Sol el &w et does not fall under the accessory building regulation for residential properties. Motion - by Linda Broussard Vickers to close the public-hearing. Muliuu seconded by Brian Hanson. Motion carried unanimously. Variance Request - Centennial District 12 Chair Welk read the Centennial School Districts request to install a sign near Main Street on the school parking lot. Mr: Palzer explained the approximate sign location on the 35`setbacicnearrly 10 feet. Motion by Linda Broussard - Vickers - to close - the public Motion by Al LaMotte. Motion carried unanimously. APPEARANCES 2 Flaming 8: Zoning 1999 Getz Landscaping - Sketch for Grading. Drainage Erosion Control and Utility Linda Broussard removed herselffrom the table. Ms. Gaustad gave an overview of the Goetz Landscaping request for preliminary grading drainage erosion control - plan. Mr. Goetz explained they hoped to get approval to continue with construction plans. AFLaMotte questioned - ifappruy.iaty pn,ki..g wdb calculated handicap - 4nd Lustoner parking. Also, has there been adequate green space allocated. Mr. Guett confirmed the Mr. - Demry Sharp noted a 40% greerrspace4zas been incorporated into the plan. Mr. Goetz - noted - anadditional patio wiH - be - included. Mr. March asked if Mr. Goetz planned to discuss contrasting architectural features of the pr upusedfiuilding. Mr. Goetz explained each view of the building: The north east elevation shows the front truck access. The east elevation shows the front of the building. Motion Al LaMotte to recommend - forwarding to provided - parking space, green space and contrasting architectural features meet with Planning and Zoning approval. Motion - seconded by Hanson. Motion carried unanimously. ACTION ITEMS: Action Request - - Wolf Motion by Linda Broussard Vickers to table until sufficiently discussed. Motion seconded LaMotte. M imously. Action Special Use Permit - Dennis Shady Ms. Gaustad urged the Co mr ission Permit. Motion by Linda Broussard Vickers, seconded by Al LaMotte to direct Staff to construct an Interim Use Permitand - tor receive City approval, subject to the following: Annual review and approval, with appropriate agencies granting Nei whs. Motion carried - unanimously. Action on Variance Request - Killian 3 Planning & Zolling 4, 1999 The Commission explained the neighboring property owner was granted a variance due to the fact that them was no garage oirsite.. Alscr, whet plupeityowners enjoy tights that are not shared by the neighboring property. ThG Cunnnissiulr discussed: Ordinance #4 Seldiuu. 65:03-1 Special conditiuus and circumstua es exist are peculiar to the land, structure, or building involved and do not result from the dl.tiunsof the petitioner. The Commission discussed: * Possible safetyhazards *- Dilapidated buildings may be - onthe recently adopted housing code. Ms. Linda Vickers witnessed wncro „ raboutnon= conforming and,the tabling of similar types of items. Ms. Broussard Vickers suggested to table until after Ordinance 44 is established. Muliuu by Linda Broussard Vickers, sewndell by LaMatte to table this until the Commission completes the research on Ordinance #4. Motion carried unanimously. y1 1 11GI 141011, 1.1E4q,1y - "t Iu Y111R' r:iIIu In tlia]KII/II &Y • 1 I The Commission discussed, in great depth, any way to grant the variance in conjunction with Ordinance-#4, Section: 65.03 -1 65.0 -2 65.0 65:03 -4 Mr. Palzer when the Commission Iewlitea Ordinance #4: Signs, that the provision should be considered for properties contiguous to County Roads. ' The-Commission suggested -Staff 111v4ww c the and easement The Commission felt safer having the sign installed closer to Main Street. Furthermore, the sign ordinance will need to be -in- orderto concerns. Motion by Linda Broussard Vickers, seconded by Brain Hanson to table the Centennial School District's variance request to- installea - sign based onthefacttbat it does not conform to the variance standards, and to update the sign ordinance in an attempt to re- address-therequest the future: - Motion carried unanimously. DISCUSSION ITEMS: 4 Planning & Zoning May 4, 1999 Consider Request for ADA The Commission suggested that Mr. Killian-approach and requestthe variance fee be waived. Disekarge of Firearms The Commission and eliminating discharge of ftrearmr Some argued to eliminate all use of firearms to ensure a safe environment for citizens, rather than allowing the one hurtorm.acd: The otherargument - was to restrict firearms, not to eliminate, because too may rights are eliminated. Enforcement can be challenging, and criminals will have Motion by Linda Broussard Vickers, seconded by Brian Hanson that no consensus was reached among the£ommissiowand if the Council its a pressing - issue, perhaps Council can hold a public hearing. Motion carried unanimously. Review Pronnse Ordinan 58-66 Motion by Chair Welk, seconded by M LaMotte to table Ordinance 58 -66 until the next meeting. Motion carried J.etter:nn Resignation - John Buckbee The - Commission recognized - John Buckbee and years of service. ChairWelk suggested the City purchase a plaque that will identify who and when someone served on a- Committee , Commission-ortheCounciL The - Commission thatthe be recognized with a certificate of appreciation from the appropriate group. Chair Welk thought the plaque may promote citizen involvement. Motion by Chair Welk, seconded by Brain Hanson to recommend to the Council to give consideration to hanging - a plaque - at CityHalfforCouncil, Commission and Committee members that have served a minimal of two years, and recognize the person - with - a - certificate of f niatiun. Motion carried unanimously. June Agenda Items: Variance Request for Killian The Commission established May 18, and May 25, as workshop dates, both meetings will take at&OO p.m.. CONSIDERATION OF 11IINUTES: April 6,1999 and 7roningMeeti invites Motion by Linda Broussard Vickers, seconded by Chair Welk to table the April 6, 1999 and ZoningMeeting. Motion carried - unanimously. ADJOURN: 5 Planning & Zoning May 4, 1999 Motion by Linda Broussard Vickers, seconded by Al LaMotte to adjourn the May 4, 1994 Commission meeting. Meeting adjourned at 10:22 p.m. Respectfully Submitted, Ry -Chel Gaustad, CMC City Clerk 6 CITY OF C'ENT'1ERVILLE — QTY _ _EQUIPME l ['DESCRIPTION QUOTE #I Intel Pentium 11 400 MI Iz, 120MB RAM, 0 -9 Gig 11D, 1.44 Meg 3.5" Floppy, 40 x CD ROM Drive, Sound and Video Cards (OMB SDRAM), CD Writer, speakers and 'I 1 internal 566 6 kbs rnodem 101100 PCI Ethernet Card (mouse & extended keyboard) Intel Pentian II 400 MHz, 6464h1B RAM, 6 -8 Gig l—ED, 1.44 Meg 3.5" Floppy, 40 x CD ROM Drive, Sound and Video Cards (8MB SCRAM), speakers, Internal 56.0 kbs 2 2 modem, 101100 PCI Ethernet Card _Spouse & extended keyboar 3 1 La.to. Satellite 4060 CDT) 4 2 oteDack III Enhanced Port Re licator 5 1 _ .4MB Memory Upc-ade Module — — — _6 1 'Corn 10/100 Ethernet LAN Cardbus Card 7 1 Port - Noteworth Satellite Standard Cany -Ali _ O_ _ 2 Port Re.lcator Ada •ter 9 3 17' Color Monitors — -- — 10 200 - feet cable wladapters 11 `3 HP DeskJet 895 Cxi Printer 12 _ 1 HP LaserJet 2100 SE Printer 13 1 100 Base T 1 0 port hall 14 -- — - -... 15 _ - -_ SOFTWARE -- —J - - -- _- 16 4 — _ Windows NT or 90 (Please gunte both) 17 Please make a recommendation as to NT or 08: Please provide 3 reasons for your recommendation 16 119 20 21 1 Corel 0 Professional Office (Multi -User License) 22 1 Power Paint (Multi -User License) 23 1 Corel Draw ©(Multi-User License) 24 1 — Ventura 8 (Multi-User License) 25 - 26 MISCELLANEOUS 27 Warranty Included ? -- — _ 28 Extended Warranty Available & Associated Fees 29 _ Installation 30 Phone Support -'Nees Available & Associated Fees 31 Hourly Training Rate (I Iardware, Software, Peer to Peer & Internet) 32 — -- 33 — — — CITY OF CENT IERVII.�L E OT EQUIPMEN (!Cl[ SCItIPTIOhJ QUOTE #I Intel Pentium 11400 Mttz, 128MB RAM, 0 -9 Gig 1 ID, 1.44 Meg 3.5" Floppy, 40 x CD ROM Chive, Sound and Video Cards (OIv1B SDRAM), 01) Writer, speakers and i '1 internal 56 5 kbs modem 10/100 PCI Ethernet Card (mouse &, extended keyboard) Intel Pentium 11400 MHz, 64MB RAM, 6 -8 Gig HD, 1.44 Meg 3.5" Floppy, 40 x CU ROM Drive, Sound and Vlldeo Cards (8MB SDRAM), speakers, Internal 56.6 kbs l 2 modem, 10/100 PCI Ethernet Card_finnuse & extended Ice board)_ 3 1 Laptop (Satellite 4080 CDT) 4 2 Voter/30R111 Enhanced Port Replicator _ L 5 1 _ 34MB Memory Upgrade Mcdule 6 1 3Com 101100 Ethernet LAN Cardbus Card 7 1 Porl- Noteworthy Satellite Slandard Carry -Ali 8 2 Port Reptcator Adapter 9 3 17' Color Monitors 10 _ 200 feet cable w/adaplers 11 3 HP DeskJet 895 cxi Printer 12 1 HP LaserJet 2100 SE Prirtter 13 1 100 Base T 10 port hub — 14 15 SOFTWARE — -- -- 16 A _ Windows NT Of 90 (Please guide both)_ 17 Please make a recommendation as to NT or 08: Please provide 3 reasons for your recommendation 18 1 9 — — -- — 20 21 1 _ — Corel 0 Professional Office (Multi -User License) 221 Power Paint (Mufti -User License) 23 1 _ — Corel Draw f3 (Mali -User License) _ 24 1 Ventura 0 (Multi -User License) 26 MISCELLANEOUS 27 Warranty Included ? 28 — Extended Warranty Available & Associated Fees 29 Installation 30 Phone Support - Types Available & Associated Fees 31 Hourly Training Rate (Hardware, Software, Peer to Peer & I net) 32 33 CITY OF CE1 1 I.IS ILLE QTY ECtUiPf f Pl F f. ►J -SCI,I PTiC►hJ QUOTE ritl Intel Pentium 11 400 Ml tz, 120MB RAM, 6 -9 Gig 1ID, 1.44 Meg 3.5" Floppy, 40 x CD ROM Drive, Sound and Video Cards (OMB SDRAl.1), CD Writer, speakers and I _ 1 internal 56 6 kbs modem 10!100 PCI Ethernet Card (mouse & extended keyboard) Intel Pentni 11400 MHz, 64MB RAM, 6 -0 Gig I-E, 1.44 Meg 3.5" Floppy, 4(1 x C0 ROM Drive, Sound and Hideo Cards (OMB SDRAM }, speakers, internal 56.6 Ibs 2 2 _ modem, 101100 PCI Ethernet Card mouse & extended keyboard 3 1 La. to• Satarte 4080 CDT) 4 2 oteDock 111 Enhanced Pori Re licator 5 1 _ .4MB Memory Upgrade Module _6 _ 1 Com 10/100 Ethernet LAN Cardbus Card 7 1 Port- Noteworth Satellite Slandard Carry -Ali — EI 2 Port Re,ecator Ada *ter 0 3 17" Color Monitor s — _ — —� 10 _ 200 feet cable wladapters 11 3 I-IP DeskJet 095 Cxi Printer _ 12 1 LaserJet 2100 SE Printer 13 1 100 Base T 10port hub 14 — -- 15 SOFTWARE 16 4 Windows NT or 90 (Please quote both) 17 Please matte a recommendation as to NT or 08: Please provide 3 reasons for your recommendation 18 19 — — 20 21 1 Corel 0 Professional Office (Multi -User License) 22 1 _ Power Point (Multi -User License) _ 23 1 _ Corel Draw 0(Mufi -User License) 24 1 Ventura 0 (Mule -User License) 25 26 MISCELLANEOUS — 27 - -- Warranty Included ? -- -- 20 Extended Warranty Available & Associated Fees _ 29 Installation 30 Phone Support - Types Available & Associated Fees 31 'lour! Trainin Rate (Hardware, Software, Peer to Peer & Internet) — — 32 — CITY OF CENTERVILLE QTY EQUIPMENT:DESCRI PTION QUOTE 411 Intel Pentium 11 400 MHz, 128MB RAM, 6-9 Gig HID, 1.44 Meg 3.5' Floppy, 40 x CD ROM Drive, Sound and Video Cards (8MB SDRAM), CD Writer, speakers and _1 1 internal 56.6 kbs modem 101100 PCI Ethernet Curd (mouse & extended ke •oard —_ Intel Pentium 114010 MHz, 64MB RAM, 6 -8 Gig 1-10, 1.44 Meg 3.5" Floppy, 40 x CD ROM Drive, Sound and Wee Cards (8MB SDRAM), speakers, Internal 56.6 kbs 2 2 modem 10/100 PCI Ethernet Card mouse & extended ke board 3 1 a•to' SateIte4060CDT) _ 4 2 oteDock III Enhanced Port Replicator 5 1 • • MB Memory Upgrade Module 6 1 'Cum 101100 Ethernet LAN Cardbus Card 7 1 Port- Notewort Satellite Standard Ca -All 8 2 Port Re Ada 9 3 _ 17" Color Monitors 10 200 feet cable wladapters I 3 HP DeskJet 895 Crd Printer � HP L B et 2100 SE Printer 100 0 Base T 10 port h& ®_ SOFTWARE Windows NT or 98 (Please quote both MEPlease make a recommendation as tor NT or 98: Please provide 3 reasons for your recommendation Erl Carel B Professional Office (Multi -User License) Power Pont (Multi -User License) Corel Draw 8 (Muki -User License) Ventura 8 (Multi-User License) MISCELLANEOUS ■ Warranty Included ? Extended Warranty Available & Associated Fees Installation 30 Phone Su • • ort - A. es Available & Associated Fees ®� Hour Training Rate Hardware Software Peer to Peer & Internet) 32 33 CI 1 1 OF CENTERVILLE QTY EQUIPMENTIDESCRIPTION QUOTE *I QUOTE#2 QUOTES3 Intel Pentium 11400 MHz, 12BMB RAM, 6-9 Gig HD, 1.44 Meg 3.5" Floppy, 40 x CD ROM Drive, Sound and Video Cards (8MB SORAM), CD Writer, speakers and 1, 235.00. 1 1 internal 56.6 kbs modem 101100 PCI Ethernet Card (mouse & extended keyboard) 1,362.50 1 , 967.83 Intel Pen:i,m 11400 MHz, 64MB RAM, 6 -8 Gig HD, 1.44 Meg 3.5" Floppy, 40 x CD ROM Drive, Sound and Video Cards (8MB SDRAM), speakers, internal 56.6 kbs 2 2 modem, 101100 PCI Ethernet Card (mouse & extended keyboard) 2,020.00 2 , 087.50 2,819.68 3 1 Laptop (Satellite 4060CDT) 2 770.00 7,500.00 2.363.00 4 2 VoteDock III Enhanced Port Replicator 910,00 R70 00 97g.00 ' ' 5 1 64MB Memory Upgrade Module 140.00 1 1 0 no 99.00 6 1 3Com 10/100 Ethernet LAN Cardbus Card 1 60.00 85 00 189.00 7 1 Port- Noteworthy Satellite Standard Carry -Ali 90.00 110 00 0 .00 8 2 Port RepbcatorAdapter 150.00 140 on comment - 9 3 17 " Color Monitors 795.00 878 55 821.33 10 200 feet cablewladapters 36.00 96 00 65.00 11 3 HP DeskJet 895 Cxi Printer 1 .290.00 1 , 25.9 75 1,1_97.00 12 1 HP LaserJet 2100 SE Printer 749.00 718 88 699.00 13 1 100 Base T 10 port hub 310.00 5 7 0.00 15 5 14 -- 15 SOFTWARE _ 16 4 Windows NT or 98 (Please quote both) _ 17 Please make a recommendation as to NT or 98: Please provide 3 reasons for your recommendation 18 19 20 21 1 Corel 8 Professional Office (Multi -User License) p i nn 22 1 Power Pont (Multi -User License) - s -5> . 0 O 3 b 3 • U 3 �z 1 9 00 23 1 Corel Draw 8 (Multi -User License) 440. v!; 590.34 • se 24 1 Ventura 8 (Multi -User License) ..).0 . e e e : e 2 TOTAL 12,265.00 12,708.35 12 )5i,80 >,' 26 MISCELLANEOUS 27 Warranty Included ? - tihree year one year nnP Par 28 Extended Warranty Available &Associated Fees *3 yr s (osm) 63' 0 450.00 0.00 29 Instaltation 1 . 720 , 00 1,100.00 750.00 30 Phone Support - Types Available & Associated Fees 1,200.00 yes / NC yes/NC for 1 yr. 31 Hourly Training Rate (Hardware, Software, Peer to Peer & Internet) 100.00hr 110.00 50.00hr. 32 33 * osm - on site maintenance CI 111 OF CENTERVILLE QTY _ EQUIPMENT:DESCRIPTION QUOTE *1 QUOTE #2 ' QUOTE *3 Intel Pentium 11 400 MHz, 128MB RAM, 6-8 Gig HD, 1.44 Meg 3.5' Floppy, 40 x CD ROM Drive, Sound and Video Cards (8MB SDRAM), CD Writer, speakers and 1 23 5 00 1 1 intemal 56 5 kbs modem 10/100 PCI Ethernet Card (mouse & extended keyboard) . 1, 36 2. 5 0 ,1 , 96 7.83 Intel Pentium 11400 MHz, 64MB RAM, 8 -8 Gig It, 1.44 Meg 3.5" Floppy, 40 x CI) ROM Drive, Sound and Video Cards (8MB SDRAM), speakers, internal 55.6 kbs 2 , 020.00 2 ,087 . 50 2 , 819.68 2 2 modem, 10 /100 PCI Ethernet Card (mouse & extended keyboard) 3 1 Laptop (Satellite 4060 CDT) 7.,770.00 7 500 00 2,363.00 4 2 VoteDack III Enhanced Port Repticator 910.00 870 00 778.00 _ 5 1 64MB Memory Upgrade Module 140.00 1 10 00 99 .00 6 1 3Com 10f100 Ethernet LAN Cardbus Card 160.00 85 no 189 .00 7 1 Port- Noteworthy Satellite Standard Carty -Ali 90.00 110 no 0.00 8 2 Port Repficator Adapter 1 50.00 1 40 00 comment 9 3 17" Color Monitors 795.00 878 55 821.33 _ 10 200 feet cable wfadapters 36.00 96 . on 65 .00 11 3 HP DeskJet 895 Cxi Printer 1 290.00 1_259.25 1 1 9 7 .00 _ 12 1 HP LaserJet 2100 SE Printer 749.00 718.88 T 699.00 _ 13 1 100 Base T 10 port hub 310.00 520.00 155.00 14 15 SOFTWARE 16 4 Windows NT or 98 (Please quote both) 17 Please make a recommendation as to NT or 98: Please provide 3 reasons for your recommendation 18 19 20 - 21 1 Coral 8 Professional Office (Multi -User License) pp 6 5 0 2 on 22 1 Power Potnt�Mutli -User License) '5'9.5.30 363:1)3 11- OD 23 1 Core' Draw 8 (Multi-User License) 4C . 0O 590.34 _51,6 nn 24 1 Ventura 8 (Multi-User License) 465.00 606.80 _ 566 25 TOTAL 12 265.00 12 708.35 L2�> 26 MISCELLANEOUS 27 Warranty Included ? three year one year nna year 28 Extended Warranty Available &Associated Fees *3 yr s (o sill 1 636.00 4 5 0.00 0.00 29 Instalation 1,770.00 1,100.00 750.00 30 Phone Support - Types Available& Associated Fees 1 , 200.00 yes /NC yes /NC for 1 yr. 31 Hourly Training Rate (Hardware, Software, Peer to Peer & Internet) 1 00.000- 110.00 50.O0hr. 32 33 ., osm - on site maintenance CI 1 if OF CENTERVILLE QTY EQUIPMENTJDESCRIPTION QUOTE QUOTE #2 QUOTE#3 Intel Pentium 11 440 MHz, 12BMB RAM, 6-8 Gig HD, 1.44 Meg 3.5' Floppy, 40 x CD ROM Drive, Sound and Video Cards (8M13 SDRAMA), CD Writer, speakers and 1 23500 1 1 intemal 56.6 kbs modem 10/100 PCI Ethernet Card (mouse & extended keyboard! . 1,362.50 1 , 967 .83 Intel Pentium 11 400 MHz, 64MB RAM, 6 -8 Gig HD, 1.44 Meg 3.5' Floppy, 40 x CD ROM Drtue, Sound and Video Cards (BMB SDRAM), speakers, internal 56.6 kbs 2 2,020.00 2 , 087.50 2,819.68 2 modem, 10/100 PCI Ethernet Card (mouse & extended keyboard) 3 1 - aptop(Satete4060CDT) 2 ,770.00 2,500 00 2,363.00 4 2 NoteDock III Enhanced Port Replicator 91 0,00 870.00 278.00 5 1 64MB Memory Upgrade Module 140.00 110 00 99.00 6 1 3Com 10!100 Ethernet LAW Cardbus Card 160.00 85 no 189.00 7 1 Port-Noteworthy Satellite Slandard Carry-Ali 90.00 1 1 0 00 0.00 8 2 Port Repficator Adapter 150.00 140 00 comment 9 3 17' Color Monk= 795.00 878 55 821.33 10 200 feet cablew/adapters 36.00 96 00 65.00 11 3 HP DeskJet 895 Cxi Printer 1990,0O 1,259 2 5 1,197.00 12 1 HP LaserJet 2100 SE Printer 749.00 718.88 699.00 13 1 100 Base T 10 port hub 310.00 570.00 155.00 14 15 SOFTWARE 16 4 Windows NT or 98 (Please quote both) 17 Please make a recommendation as to NT or 98: Please provide 3 reasons for your recommendation 18 19 - 20 21 1 Coral 8 Professional Office (Multi -User License) {' n- i 660p 47 5 00 22 1 Power Point (Huai -User License) 3 2. • b 1 ' 'A b 3 . U3 . 19 00 23 1 Core! Draw 8 (1400-User License) 2 ;50.00 590.34 54h 00 24 1 Ventura 8 (Multi -User License) 463.00 606.80 pp 25 TOTAL 12,265.00 12,708.35 L2 >53,80 26 MISCELLANEOUS 27 Warranty Included ? 5hree year nne year one year 28 Extended Warranty Available &Associated Fees *3 yrs (osm + 636.00 450.00 0.00 29 Instalation 1 . 720.00 1,100.00 750.00 30 Phone Support - Types Available& Associated Fees 1 ,200.00 yes /NC yes /NC for 1 yr. 31 Hourly Training Rate (Hardware, Software, Peer to Peer & Internet) 100 .00hr 110.00 50.00hr. . 32 33 * osm - on site maintenance CI • 1 OF CENTERVILLE ____ _ QTY EQUIPMENT:DESCRI PTION QUOTE #1 QUOTE #2 _ QUOTE *3 Intel Pentium 11400 MHz, 126MB RAM, 6-8 Gig HD, 1.44 Meg 3.5' Floppy, 40 x CD ROM Drive, Sound and Video Cards (8MB SDRAM), CE) Writer, speakers and 1 23 500 1 1 internal 56.6 kbs modem 10/100 PCI Ethernet Card (mouse & extended keyboard) . 1, 362. 50 1 , 967.83 Intel Pentium MHz, 64M6 RAM, 6 -8 Gig HD, 1.44 Meg 3.5' Floppy, 40 x CD ROM Drive, Sound and Video Cards (8MB SDRAM), speakers, internal 56.6 kbs 2,020.00 2 , 087.50 2,819.68 2 2 modem, 10/100 PCI Ethernet Carjmouse & extended keyboard) 3 1 Laptop (Satellite 4060 CDT) 2,770.00 7,500.00 2,363.00 _ 4 2 NoteDock 111 Enhanced Port Repficator 910‘00 R70 no 272.00 5 1 64MB Memory Uperade Module 140.00 no n nn 99.00 6 1 3Com 10!100 Ethernet LAN Cardbus Card 160.00 85 no 189.00 7 1 Port- Noteworthy Satellite Standard Carry-All 90.00 1 1 0 00 0.00 8 2 Port RepkcatorAdapter 1 50. 1 40 00 comment 9 3 17' ColorMonitars 795.00 878 55 821.33 10 200 feet cable wladapters 36.00 96 00 65 .00 11 ` 3 HP DeskJet 895 C>a Printer , � 1,759.75 1 19 7 .00 12 1 HP LaserJet 2100 SE Printer 749,00 718.88 699.00 13 1 100 Base T 10 port hub 310.00 520.00 155.00 14 15 SOFTWARE 16 4 Windows NT or 98 (Please quote both) _ 17 Please make a recommendation as to NT or 98: Please provide 3 reasons for your recommendation 18 - 19 20 21 1 Core! B Professional Office (Multi -User License) S O .1 22 1 _ Power Point (Multi -User License) 325 .loo .03 � 10 10 23 1 Corel Draw B (Multi - !User License) 400.0!; 590.34 %L6 no 24 1 Ventura B (Mull -User License) 465.U0 606.80 25 TOTAL 12,265.00 12,708.35 12; 26 MISCELLANEOUS 27 Warranty Included ? three 28 Extended Warranty Avaiab le & Associated Fees * 3 yrs( osm a 630 year one .00 4 5 500..00 year one 000 . 00 29 . Instalation 1 , 720.00 1,100.00 _ 750.00 30 Phone Support - Types Available & Associated Fees 1 , 200 , 00 yes/NC yes/NC for 1 yr. 31 Hourly Training Rate (Hardware, Software, Peer to Peer & Internet) 100.00hr_ 110.00 50. 00 hr . 32 33 - * osm - on site maintenance CI 1 OF CENTERVILLE QTY EQUIPMENT /DESCRIPTION QUOTE *I _ QUOTE W2 _ QUOTE#3 Intel Pentium 1141)0 MHz, 128M8 RAM, 6-8 Gig HD, 1.44 Meg 3.5` Floppy, 40 x CD ROM Drive, Sound and Video Cards (8M6 SDRAM), CD Writer, speakers and 1 1 1 internal 561 kbs modem 10/100 PCI Ethernet Card (mouse & extended keyboard) 235 1,362.50 1 , 967.83 Intel Pentium II 400 MHz, 64M8 RAM, 6 -8 Gig HD, 1.44 Meg 3.5" Floppy, 40 x CI) ROM Drive, Sound and Video Cards (8MB SCRAM), speakers, internal 58.6 kbs 2 , 020.00 2,087.50 2 , 819.68 2 2 modem, 10/100 PCI Ethernet Card (mouse & extended keyboard) 3 1 Laptop (Sa tete 4060 CDT) _,2,770.00 7 500.00 2.363.00 4 2 NoteDock111 Enhanced Port Replicator 910,00 820 00 778.00 5 1 34MB Memory Upgrade Module 1 40. 110 00 99.00 6 1 3Com 10/100 Ethernet LAN Cardbus Card 160.00 85 00 189.00 7 1 Port- Noteworthy Satellte Standard Cant' Ali 90.00 110 00 0.00 -, 8 2 Port Rep'FcatorAdapter 150.00 140 00 comment 9 3 17"CalorMonitors 795.00 878.55 821.33 10 200 feet cable wladapiers 36.00 96 00 65.00 11 3 HP DeskJet 895 Cxi Printer 1, 290.00 1 259 7 5 1 197.00 12 1 HP LaserJet 2100 SE Printer 749.00 718.88 699.00 13 1 100 Base T10 port hub 310.00 520.00 155.00 14 15 SOFTWARE 16 4 Windows NT or 98 (Please quote both) 17 , Please make a recommendation as to NT or 98: Please provide 3 reasons for your recommendation 18 19 20 21 1 Corel 8 Professional Office (Multi -User License) . _ 6pQ 55pQ 22 1 Power Point (Multi -User License) 25. 'I g9.89 319 00 23 1 Cores Draw 8 (Multi-User License) 457.00 590.34 54h 00 24 1 Ventura 8 (Mufti -User License) 465. 0 d 606.80 �J� 25 TOTAL '1 - 2,265.00 12,708.35 t2 3n80 26 MISCELLANEOUS 1 27 Warranty Included ? ,three year one year one year_ F�tended Warranty Available &Associated Fees 3 yr s (o sm I 63.5.00 450.00 0.00 29 Instalation 1.720.00 _1,100.00 750.00 30 Phone Support - Types Available & Associated Fees ,1 00 00 yes/NC yes/NC for 1 yr. 31 Hourly Training Rate (Hardware, Software, Peer to Peer & Internet) 1 00 , 00hr 110.00 5 0.00hr. 32 33 osm - on site maintenance