Loading...
HomeMy WebLinkAbout1999-09-08 Packet CITY COUNCIL MEETING AGENDA WEDNESDAY, SEPTEMBER 8,1999 6:00 pan. I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING (S) III. APPEARANCES /AWARDS IV. CONSIDERATION OF MINUTES 1. August 25,1999 Council Meeting Minutes 2. August 31, 1999 Budget Workshop Meeting Minutes V. PAYMENT OF CLAIMS 1. The City of Centerville August 26, through September 8, 1999 2. Centennial Fire District VI. SET AGENDA VII. PETITIONS AND COMPLAINTS VIII. UNFINISHED BUSINESS 1. Planning and Zoning Recommendation on Animal Ordinance 2. Planning and Zoning Recommendation on Firearm Ordinance 3. Park and Recreation Recommendation on Cooperative Trail Linkage Grant IX. NEW BUSINESS 1. Set Truth in Taxation Dates 2. Set 2000 Budget Preliminary Levy 3. Park and Recreation Enterprise account with $50k Budget Amount 4. Schweitzer request for 73`d Street temporary closure 5. Capra Utilities Payment Request X CONSENT AGENDA 1. Park and Recreation Recommendation of Karla DeVine for vacancy on Park and Recreation Committee 2. Resolution 99 -11- Transfer of Funds XL COMMITTEE REPORTS XII. ADMINISTRATORS REPORT XIII. ADJOURNMENT 1 CITY COUNCIL MEETING AGENDA WEDNESDAY, SEPTEMBER 8,1999 6:00 p.m. CALL TO ORDER LL Roll Call PUBLIC HEARING (S) /VIII. APPEARANCES /AWARDS (i CONSIDERATION OF MINUTES " 1. August 25,1999 Council Meeting Minutes I August 31, 1999 Budget Workshop Meeting Minutes lN. PAYMENT OF CLAIMS UI. The City of Centerville August 26, through September 8, 1999 a Centennial Fire District SET AGENDA WII. PETITIONS AND COMPLAINTS III. UNNFINISHED BUSINESS Planning and Zoning Recommendation on Animal Ordinance b Planning and Zoning Recommendation on Firearm Ordinance — Ta Park and Recreation Recommendation on Cooperative Trail Linkage Grant r♦ 141. BUSINESS 41- .; Dee' / Set Truth in Taxation Dates ' [,2: Set 2000 Budget Preliminary Levy Park and Recreation Enterprise account with $50k Budget Amount \ c)1 1 Schweitzer request for 73 Street temporary closure Cap < tilities Payment Requelt .. tia te sys kr CONSENT AGENDA Pt Park and Recreation Recommendation of Karla DeVine for vacancy on Park and Recreation Othimittee VI: Resolution 99-11 - Transfer of Funds ke REPORTS //3. INISTRATORS REPORT a 4 9-€41 ts.304, fec 111..sie_Za 416. XM. ADJOURNMENT vete-Si rep., e s e"1/2q ici te-4corh e valeck v v4-. 4,—;1 S7 ( . a ;to .010 - - 4 're 4, BONESTROO ROSENE ANDERLIK Q 6516361311 08/20/99 15:32 5 :02/03 NO:911 rankrrrr, Mon, Md.A[ rN AMaaSM1. blA, Is an flinty. Actoaluad O01e0ufjtnployor /AMpp.ly: atl Ean.wa., P.E 0 awn C. AA[M., P -F.0 M.Mn L. arv.M. P.E. Bonestroo Monate E. her, P.t. o drn R. took. P.E. k now o. aciwmP.[. o dery Eaurdon, f o Rosene Nsn W. Assoc P.E. rd ter M. [boom, C.P.A., Senor Cn hena e +y.,/ E, r 4ago.M Pros Hond A. Wore, P,E, o K.hh A. 0011100., P.[. 0 Roan . PMarl.. P.E. Tti e A Ids IIK Ql M WoMN T. P PYdmNn Pl. I Ted K. Field, P.C. o Nemeth P. Anderson, P.E 1 Mark R. PW6, P.E, Sidney P. Wilber, P.E, L.a. a keen P. Kaaren 0 Agra 4. Ring 0 Wheel P. Pr PE. Ake Associates Associates Flak a nmm. At ohr.r: are Pw. Ploelrr.N. Wilmer and at. Cieud, MN a 4u..ukse. WI Engineers & Architects WEEK IN REVIEW ENGINEERING ISSUES CITY OF CENTERVILLE August 9,1999 to August 20,1999 BRA File No. 616•GENN PROJECTS N CONSTRUCTION WOODS OF CLEARWATER CREEK • No new issues to report. BUECHLER ESTATES • No new issues to report. EAGLE PASS • No new issues to report. Id AVENUE • A final punch list was given to the contractor, Bonine Excavating. PARKVIEW ADDITION [ No new issues to report. • DEER PASS • Curb and gutter and bituminous base course have been constructed. Subdivision if ready for new house construction. WATER INTERCONNECT • ' The preconstruction meeting was held with the / contractor, WS Miller. Expect delivery of valve and meter the end of September. Par 1 2336 West Highway 36 0 St. Paul, MN 55118 D 681.838.4500 tl Fax: 451- 698 -1911 SONESTR00 ROSENE ANDERLIK W 6516361311 08/20/99 15:32 ['x:03/03 N0:911 PROJECTS IN DESIGN CENTER VILLA • Approving developer's agreement. Construction expected to start in early September. ROYAL INDUSTRIAL PARK • No new issues to report. FAIRVIEW STREET • Utility and street plan was rent to developers. PUBLIC WORKS BUILDING • A meeting was held on August 17, 1999, with Jim March and Paul Palter. Three alternatives for the Public Works addition were reviewed. A recommended building configuration was determined and this information will be presented on August 25. 1999. Page 2 2335 Waal Highway 36 0 51. PIRA PAN 561190 612 -636 -4600 0 Fax: 612- 636 -1311 NOT APPROVED CITY OF CENTERVILLE CITY COUNCIL MEETING AUGUST 25,1999 Pursuant to due call and notice thereof, the City Council of Centerville held it's regn arly scheduled meeting on August 25, 1999, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Mari Nelson Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers ABSENT: None STAFF: City Administrator, Jim March City Public Works Director, Paul Palzer City Engineer, Tom Peterson City Attorney, James Hoeft City Liaison, Aimee Fairbrother I. CALL TO ORDER Mayor Wilharber called the August 25, 1999 City Council meeting to order at 6:00 p.m. II. PUBLIC HEARING III. APPEARANCES /AWARDS IV. CONSIDERATION OF MINUTES August 5, 1999 City Council Meeting Minutes Motion by Council member Nelson, seconded by Council member Sweeney to approve the August 5, 1999 Council meeting minutes. Wilharber and Travis - aye. - Council member Broussard Vickers abstained. Motion carried. August 11, 1999 City Council Meeting Minutes Motion by Council member Sweeney, seconded by Council member Broussard Vickers to approve the August 11, 1999 Council meeting minutes. Nelson and Travis - aye. Mayor Wilharber abstained. Motion carried. Page 1 of 7 • V. PAYMENT OF CLAIMS The City of Centerville, August 12 through August 25, 1999 Motion by Council member Nelson, seconded by Council member Travis to approve the expenditures for the City from August 12 through August 25 1999. Motion carried unanimously. The Centennial Fire District Motion by Council member Nelson, seconded by Council member Sweeney to approve the Centennial Fire District ratification of expenditures. Motion carried unanimously. 1999 Seal Coat Project Motion by Council member Sweeney, seconded by Council member Travis to pay $36,512.42 for the 1999 Seal Coat Project. Motion carried unanimously. VI. SET AGENDA Motion by Council member Nelson, seconded by Council member Sweeney, to approve the agenda. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Norma Essex - Letter regarding Rubbish Haulers Norma Essex of 7333 Old Mill Road was present to review her complaint against Waste Management, the current rubbish hauler. Ms. Essex originally brought her complaint to the City Council on August 11, 1999. Ms. Essex felt her complaint was misrepresented at the August 11' Council meeting, and reinstated her concern. Ms. Essex indicated that she had set out a bag of shredded paper to be recycled. The haulers opened the bag to put the paper into their truck, and in the process the wind blew the shredded paper throughout her yard. Ms. Essex contacted Waste Management for assistance in cleaning up the mess, but received none. Council discussed the issue at hand, and Council member Nelson indicated she had contacted three other haulers who stated if this situation would occur, they would send an employee back out to help clean up the mess. Mayor Wilharber indicated City staff would research the problem for Ms. Essex. , Brian Drive Trail Issue John Green of 7160 Brian Way presented a request to purchase from the City a small Page 2 of 7 currently maintains. Mr. piece of land (currently a path) that runs behind his house that he urr y Mr Green would like to install a fence on the property to make it "look nice ", instead of just letting the land sit there. Mr. Palzer indicated that currently the property is zoned as "Park Land ", and proposed City Council physically look at the property before granting the request. Mayor Wilharber suggested sending the request to the Park and Recreation Committee for their recommendation. Motion by Council member Sweeney, seconded by Council member Broussard Vickers to send the Brian Drive trail purchase request to the Park and Recreation Committee for their recommendation. Motion carried unanimously. VIII. UNFINISHED BUSINESS IX. NEW BUSINESS Center Villa Assignment of Developers Agreement Jeff Bock of Land Holdings Group has submitted a request dealing with the purchase of the proposed Center Villa subdivision currently owned by Mr. Lessard. Land Holdings Group requests the Developers Agreement be approved based on the sale of the property, as well as Council approval of issuing building permits on Lots 1 and 2, Block 1 as well as Lots 1 and 20, Block 2. Currently the Developer's Agreement states that only one lot can be built upon until the base course of asphalt is installed in the subdivision. Fire Chief Bennett commented that fire code access road needs to be within 150 feet of the building being constructed. Chief Bennett felt the proposal was appropriate. The developer would like to begin the streets and utilities as soon as possible. Motion by Council member Nelson, seconded by Council member Travis to approve the developers request for issuance of building permits on Lots 1 and 2, Block 1 and Lots 1 and 20, Block 2. Motion carried unanimously. Motion by Council member Sweeney, seconded by Council member Travis that, upon closing, the Developers Agreement would be modified to state the buyer as Land Holdings Group, the number of permits would be reinstated from one to four and the signature line and mailing address would reflect Land Holding Group. Motion carried unanimously. Dennis Kroll - Building Plans -Dennis Kroll of Bonestroo, Rosene, Anderlik and Associates Inc. presented the Council with a site plan idea drawn up based on the needs and recommendations presented to him by City Administrator Jim March, Public Works Director Paul Palzer, and City Engineer Tom Peterson. The site plan, labeled as Scheme A identified the following benefits: Page 3 of 7 ► Adding to the current City Hall building ► Attached south facing doors ► Additional fire department parking stalls ► Courtyard ► Expanded Council Chambers ► Training room ► Lunch room The initial project cost for Scheme A would be $914,391.49. There was much discussion on several issues of Scheme A. Future concerns addressed by the Council included: ► A possible increase in the ponding area due to a larger building ► Driveway issues dealing with Anoka County ► Storage of Public Works equipment ► Space allocated for storage ► Taxation ► Old Public Works location - tax impact - long term vs. cost of new building Mr. March questioned if the Council wanted to pursue the idea presented in Scheme A. Council member Sweeney indicated he would like to receive some public input before a decision is reached. Michael Navin of Park and Recreation stated he would like to see the City keep the old Public Works location for possible park use, youth center use, or leaving as open space versus selling the property. Fire Chief Bennett added that he felt future fire department expansion would not be an issue. Any fire department expansion would entail a new location. Mayor Wilharber and Council member Travis volunteered to serve on a research committee focusing on the concerns facing the City with the expansion issue. Mr. March will set up a meeting for next week with interested Council members. Generator Fire Chief Bennett informed the Council the Koehler Model generator will not be available before January 1, 2000. The City will need to look at purchasing a different model. Acorn Creek Park - Design and Grant Agreement Doug Porter gave a brief overview of the recent decision made by Park and Recreation and the Centerville Neighborhood Network to replace the original playground vendor with Minnesota/Wisconsin Playgrounds Inc. - Gametime. Mr. Porter noted the Page 4 of 7 selected company's a ui equipment is 100% handicap accessible, and has submitted a plan that q P P , P includes play structure for children of all ages. There is a 3% cash discount if the structure is paid in full at the time of order. Mr. March added that the volunteer involvement along with the support of the Park and Recreation Committee has been a benefit. Mr. March has spoke to the DNR in reference to the vendor change. The DNR reported there is no problem with the change, provided the City stay with in the grant budget, and they maintain a similar layout to the one submitted. Mr. March indicated the City has 30 days in which to enter into the grant agreement, and hopes to see the playground installed in late October. Mr. March stated that the City has until the year 2001 to spend the funds, and added that the cash match will come from Park Dedication Fees as well as MS Funds. Mayor Wilharber suggested that since the park will be installed primarily by volunteers, the committees should generate some excitement and get the word out as soon as possible. Motion by Council member Sweeney, seconded by Council member Nelson to approve the Outdoor Recreation Grant as stated, as well as the design for Acorn Creek Park. Motion carried unanimously. Letter of Credit Reduction - Deer Pass Motion by Council member Travis, seconded by Council member Sweeney to to reduce the existing letter of credit to 125% of the remaining work to be done. Motion carried unanimously. Letter of Credit Reduction - Buechler Estates Motion by Council member Travis, seconded by Council member Sweeney to to reduce the existing letter of credit to 125% of the remaining work to be done. Motion carried unanimously. Alexandra House Mayor Wilharber stated he received a letter from the Alexandra House requesting the Council adopt a proclamation in honor of Domestic Violence Awareness Month for October 1999 in Anoka County. Motion by Council member Nelson, seconded by Council member Vickers to support the Alexandra House proclamation to adopt October as Domestic Violence Awareness Month. Circle Pines - Lexington - Police Department Request Page 5 of 7 I _ _ Mayor Wilharber indicated he received a letter from the CPLPD requesting Council provide approval for nine Safe and Sober Signs to be installed throughout the City. Motion by Council member Travis, seconded by Council member Sweeney to have the City's Public Works Department assist in installing nine Safe and Sober Signs in the designated locations identified in the proposal. Motion carried unanimously. MS Society Gambling Renewal: Resolution 99 - 10 Mr. March stated he received notice from the MS Society requesting approval to continue conducting charitable gambling at Kelly's Komer. Motion by Council member Nelson, seconded by Council member Broussard Vickers to approve Resolution 99 -10 permitting the MS Society to conduct charitable gambling at Kelly's Korner. Motion carried unanimously. North Metro Telecommunication Commission Budget Request Mr. March stated he has reviewed the year 2000 budget for the North Metro Telecommunications Commission and the Media Center. The Commission requested Council approve the 2000 Media budget and an increase in the PEG fee from $2.00 to $2.25 a month. PEG fees cover a variety of different costs including the implementation of higher quality local programming. Motion by Council member Sweeney, seconded by Council member Nelson to to approve the Year 2000 Media budget and approve an increase in PEG fees from $2.00 to $2.25 per month. Motion carried unanimously. CONSENT AGENDA COMMITTEE REPORTS Mayor Wilharber announced the resignation of Dale Summerhaus from the Tri -City Task Force. The Mayor thanked Mr. Sommerhouse for his work and wished him luck in the future. Motion by Mayor Wilharber, seconded by Council member Travis, to accept the resignation of Dale Summerhaus from the Tri -City Task Force. Motion carried unanimously. ADMINISTRATORS REPORT Mr. March indicated the preliminary levy needed to be set prior to September 15. After that date, the budget can only be reduced, not increased. A budget workshop has been set for August 31, 1999 at 6:30 p.m.. Page 6 of 7 Mr. March stated the City received the Trail Linkage Grant from the DNR. This is a 50% 1 matching grant, and will be used to connect the Laurie LaMotte Park Trail with the Anoka County Trail system. Mr. March announced the rubbish hauler contract will expire in October. Council member Sweeney and Council member Broussard Vickers volunteered to serve on a committee to research and review the rubbish hauler contract, as well as research other possibilities. ADJOURNMENT Motion by Council member Sweeney, seconded by council member Broussard Vickers to adjourn the August 25, 1999 Council Meeting at 7:55 p.m. Motion carried unanimously. Respectfully Submitted, / Aimee Fairbrother Staff Liaison Page 7 of 7 NOT APPROVED CITY OF CENTERVILLE '. CITY COUNCIL PRELIMINARY BUDGET /GOALS WORKSHOP AUGUST 31, 1999 6:30 p.m. Pursuant to due call and notice thereof, the City Council of Centerville held a preliminary budget/goal and recommendation for additional staff workshop on August 31, 1999, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Mari Nelson Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers ABSENT: STAFF: City Administrator, Jim March 1. Call to order Mayor Wilharber called the Workshop to order at 6:30 p.m 2. Recommendation for Media Relations Specialist Motion by Council member Nelson, seconded by Council member Travis to offer Patricia Scott the Media Relation Specialist position for the City of Centerville at a rate of $15 per hour, ten - twenty hours per week. Alt in favor. Motion carried unanimously. Discussion was held about the possibility of contracting with Ms. Scott as an Individual Contractor. Council member Nelson questioned if liability insurance was required by Ms. Scott or the by the City if hired as an Individual Contractor. Mr. March indicated he would check with the City Attorney on whieh party is responsible for carrying the liability insurance. 3. Recommendation for City Clerk Motion by Council member Vickers, seconded by Council member Nelson to offer Diane Ward the City Clerk position for the City of Centerville. All in favor. Motion carried unanimously. Mr. March indicated he would check with Ms. Ward's previous employer along with completing a background check. 4. Year 2000 Proposed Budget Mayor Wilharber opened the discussion on the proposed budget, and informed the Council there would be a Tri -City Police meeting on Wednesday, September 1, 1999 to discuss the year 2000 police department budget and the revised joint powers agreement for the department. Mayor Wilharber questioned the Council on their feelings toward supporting the Police Department increases. The Council indicated they would be in support of the increases, providing the other Cities involved were in agreement. Council member Sweeney indicated he would like to see the City grow and become more prosperous, but questioned the necessity of the current twenty -four hour police coverage. Mayor Wilharber responded that a decrease in the coverage may result in an increase in City liability as well as a lack of quality of service currently being provided by the Police Department. Discussion on the current and future MUSA and building permit forecast for the year 2000 took place at the Workshop. Motion by Mayor Wilharber, seconded by Council member Sweeney to maintain the current levy amount at a tax rate of.48862. All in favor. Motion carried unanimously. 5. Adjourn Motion by Council member Travis, seconded by Council member Sweeney to adjourn the Special Workshop at 8:55 p.m. All in favor. Motion carried unanimously. Respectfully Submitted, Aimee Fairbrother Staff Liaison • AUGUST 31, 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 AUGUST EXPENSES. YOUR APPROVAL OF AUGUST EXPENSES AS LISTED ON THE ATTACHED COPY OF THE CHECK REGISTER, CHECKS #10874 - 10893, IN THE AMOUNT OF $44,330.87, IS HEREBY REQUESTED. MB/NW CC: 7 CIRCLE PINES CITY COUNCIL 7 CENTERVILLE CITY COUNCIL 7 LINO LAKES CITY COUNCIL 2 FILE ,/30/1999 @04:15PM CENTENNIAL FIRE DISTRICT PAGE 1 BANK CHECK REGISTER Checking account 08/01/99 'TO 08/31/99 CHECK NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT' 10874 08/17/99 AP -D GLOVER ELECTRONIC SERVICES 89.05 10875 08/31/99 RP -D CITY OF LINO LAKES - 18,264.86 REIMS EXP 1 -1 TO 3 -19 -99 10876 08/31/99 AP -D CITY OF LINO LAKES 23,913.11 REIMB EXP 3 -20 TO 6 -19 -99 10877 08/31/99 AP -D PAGING NETWORK, OF MINNESOTA 51.99 064- A329796 10878 08/31/99 RP -D FIRE INSTRUCTORS ASSOC OF MN 74.55 45046 10879 08/31/99 RP -D VIKING OFFICE PRODUCTS 42.44 378349 10880 08/31/99 RP -D INTERNATIONAL ASSOCIATION OF 25.00 ASSOCIATION DUES 881 08/31/99 AP -D NATIONAL ASSOC FOR SEARCH AND 49.00 DUES 10882 08/31/99 RP -D ARTHUR E MOHLER 42.05 SAFETY CAMP EXPENSES 10883 08/31/99 RP -D RANDY ROLSTAD 15.43 PAPER TOWELS 10884 08/31/99 RP -D EMERGENCY APPARATUS MAINT. 132.50 2175, 2197 10885 08/31/99 AP -D US WEST COMMUNICATIONS 258.92 651 784 -7472 352 10886 08/31/99 AP -D AMOCO OIL COMPANY 330.93 496 433 534 1 10887 08/31/99 AP -D NORTHERN STATES POWER COMPANY 691.86 1589- 648 - 494 -218 10888 08/31/99 AP -C * * * VOID CHECK * * * 0.00 LYNN SEERY VOID -PRINT ERR =889 08/31/99 AP -C * * * VOID CHECK * * * 17.00 PHOTO WORLD VOID -PRINT ERR 10890 08/31/99 AP -C * * * VOID CHECK * * * 0.00 IKON OFFICE SOLUTIONS VOID -PRINT ERR BANK CHECK REGISTER Checking account 08/01/99 TO 08/31/99 CHECK NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT 891 03/31/99 AP -D LYNN SEERY 10.00 REFUND- SAFETY CAMP 10892 08/31/99 AP -D PHOTO WORLD 288.61 STMT 08-25-99 10893 08/31/99 AP -D II:ON OFFICE SOLUTIONS 150.;;3 23434186 TOTAL MANUAL CHECKS (M): 0.00 TOTAL COMPUTER CHECKS (C): 0.00 TOTAL DIRECT DISBIJRSEMENTS (D): 44,330.87 TOTAL CHECKS: 44,330.87 Sfr s Memo Date: September 2, 1999 To: Honorable Mayor and City Council From: Aimee Fairbrother RE: REWRITE OF ANIMAL ORDINANCE #24 Enclosed you will find a revised Animal Ordinance put together by combining our current Ordinance, a 1993 drafted revised Centerville Ordinance, pieces of the League of Minnesota Cities Ordinance, pieces of the Coon Rapids Ordinance as well as the Circle Pines/Lexington Ordinance. Included also in this re -write is the changes and ideas put forth by Planning and Zoning in the last regular scheduled meeting. In reading this document, you will notice several numbers that relate back to the Minnesota State Statues. Before we adopt this ordinance, these statue numbers will need to be verified as current. 4 CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE #24 - A AN ORDINANCE PRESCRIBING REGULATIONS FOR CONFINEMENT, LICENSING AND CARE RELATING TO ANIMAL CONTROL; AND REPEALING ORDINANCE NO. 24 RELATING TO THE SAME SUBJECT. The City Council of the City of Centerville ordains: 24.01 Definitions. As used in this Chapter, unless the context otherwise indicates, the following words shall be defined to mean: A. 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: B. 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. C. 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. Animals normally kept outside of the home for the purpose of food or pleasure, naming; wild dogs, wild cats, cattle, sheep, horses, bees, goats, birds such as fowl, falcons, and similar animals, are included in addition to those defined: (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. Animal Ordinance #24 - Updated 9/99 Page 1 of 23 (3) Any crossbreeds such as the crossbreed between a wolf and a dog, 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. 1 Maximum Regulation. Any owner will be in violation of this Ordinance if found having more then four (4) dogs or cats in any combination from the time of this Ordinance is adopted and set forth. 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 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. 5 Dangerous Animal. "Dangerous Animal" shall be defined as any animal which meets the definition of dangerous dog set forth in Minnesota Statues Section 347.50, any successor statue, and /or an animal which has : (1) Caused bodily injury or disfigurement to any person on public or private property; or Animal Ordinance #24 - Updated 9/99 Page 2 of 23 (2) Engaged in any attack on any person under circumstances which would indicate danger to personal safety; or (3) Exhibited unusually aggressive behavior, such as an attack on another animal; or (4) Bitten one (1) or more persons on two (2) or more occasions; or (5) Been found to be potentially dangerous and /or the owner has personal knowledge of the same animal aggressively biting, attacking, or endangering the safety of humans or domestic animals. Subd. 6 Potentially Dangerous. Potentially Dangerous shall mean any animal which meets the definition of potentially dangerous dog set forth in Minnesota Statues Section 347.50, any successor statute, and or any animal that has: (1) Bitten a human or a domestic animal on public or private property; or (2) When unprovoked, chased or approached a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or (3) Has engaged in unprovoked attacks causing injury or otherwise threatening the safety of humans or domestic animals. Subd. 7 Enclosure. Any structure, except a dwelling, designed to securely enclose and prevent an animal from escaping therefrom, and /or designed to provide the animal with shelter and protection from the weather. Subd. 8 Kennel - Commercial: Any structure or premises on which three (3) or more animals - domestic pets, of one type, over six (6) months of age are kept, owned, boarded, groomed, sheltered, protected, bred, or offered for sale or any other merchandising. Every kennel shall be enclosed or fenced in such a manner as to prevent the running at large or escape of the dogs confined therein. Subd. 9 Kennel - Private: Any structure or premises on which three (3) or more animals - domestic pets, of one type, over six (6) months of age are kept for private enjoyment and not for monetary gain. Every kennel shall be enclosed or fenced in such a manner as to prevent the running at large or escape of dogs confined therein. Subd. 10 Owner: Any person, firm, corporation, organization, or department, possessing, feeding, harboring, keeping, having an interest in, or having temporary or permanent custody or control of the animal. Animal Ordinance #24 - Updated 9/99 Page 3 of 23 24.02 Dogs, Cats, Ferrets, and Pigeons Subd. 1 Running at Large Prohibited. It shall be unlawful for the dog or cat of 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 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." (Need to clarify this area, if we are going to include wild cats, dogs and bunnies, and a solution agreed to by the police dept. for taking care of such unowned animals.) Subd. 2 License Required.(Any other animals to be licensed besides dogs, cats & ferrets ?) (1) All dogs and cats over the age of six months kept, harbored, or maintained by their owners in the City, shall be licensed and registered with the City. Licenses shall be issued by the Clerk- Treasurer upon payment of the license fee. The license fee will be established by Council resolution or separate Ordinance. Such license shall continue for the Life of the animal proved that the owner shows proof every two years that the animal has shots withing that period and provided the address of the owner remains the same. 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. (2) 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 animal 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. Animal Ordinance #24 - Updated 9/99 Page 4 of 23 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. (4) 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 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. (5) Address Change. An applicant who has obtained a dog license shall notify the City of applicant's address change within corporate limits of the City within thirty (30) days of any address change. (6) Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or attach any counterfeit tag to any dog or cat in the City. (7) Transfer of Tags. No person shall transfer a dog or cat tag from one dog or cat to another. (8) Transfer of License; Change of Ownership. Any owner having a valid dog license from another municipality may, withing thirty (30) days after becoming a City resident, must secure a dog from the City for which the owner shall pay a jurisdiction transfer fee upon surrender of the license from the previous licensing jurisdiction. An affidavit identifying the dog and stating the date of the establishment of residence of the owner in the City shall be filed with the application. If there is a change in ownership of the dog, the new owner may have a current license changed to their name upon payment of an ownership transfer fee, jurisdiction transfer fees and ownership transfer fees shall be set by the City Council by resolution or separate ordinance. (9) 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. Animal Ordinance #24 - Updated 9/99 Page 5 of 23 Subd. 4 Ferrets. It shall be unlawful for any ferret owner to keep or maintain a ferret within the City limits on the date this Ordinance is adopted and thereafter. Ferrets 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 ferrets unless otherwise provided. Subd. 5 Pigeons. No person shall keep four(4) or more pigeons on any premises in the City of less than five (5) acres in size without first obtaining a license as provided in this Section and no person shall keep or harbor pigeons except in compliance with this Section. (1) As used in this Section the term "pigeon" includes any and all varieties of pigeons. The term "loft" includes any and all quarters in which pigeons are housed. (2) Application for a license to keep pigeons shall be made to the City Clerk on such forms as the City Clerk may provide. The application shall be investigated by the administrative staff of the City to determine compliance with the Ordinance Of the City and shall then be referred to the City Council which shall have the discretion to grant or deny the license. The Council shall conduct a public hearing if needed. In making such determination, the Council shall take into consideration, among other things, the following: the adequacy of the housing for the pigeons; the methods to be used for sanitation and to maintain quiet; and, with particularity, any violations during the previous license period, if applicable. The Council may also impose such conditions as it shall deem necessary and appropriate to carry out the intent of this chapter. (3) In addition to such information required by the City Clerk, the application shall also include the following information: a site plan showing the location and size of the premises and the location, size and type of all structures for the housing of pigeons, the maximum number of pigeons to be kept on the premises at one time, and an agreement by the applicant that the premises may be inspected by the City at all reasonable times so as to assure compliance with the following: A. All premises on which pigeons are kept or maintained shall be kept reasonably clean from filth, garbage, and any substances which attract rodents. The loft and its surroundings must be cleaned at least weekly. B. The loft must be constructed and maintained so as to be rodent - proof. C. All pigeons shall be fed withing the confines of the loft on the premises on which the pigeons are housed. The pigeons shall be confined to the loft except when they are released for exercise, performance, training, or to return from areas outside the corporate limits of the city of Centerville for the purpose of engaging in a race or returning from training flights. D. All grains and food stored for the use of the pigeons on a licensed premises shall be kept in a rodent free container. E. Pigeons shall not be kept in such a manner as to constitute a nuisance to the Animal Ordinance #24 - Updated 9/99 Page 6 of 23 oc cupants of adjacent property, 11 conditions imposed by the Council shall be complied V accination. I s in any do hall be :flaw with. g or cat older ful for any dog, cat or ferret owner in any d g or than (6) months of a ge, unless it :hall be issued months with to keep or an anti - rabies vaccine by has been vaccinated within except upon compliance with s Y a licensed vet erfn °gs> cats ferrets kept harbored, maintained arian. No 'accinateda at least least once every two years by or transported within the City a licensed veterinarian for: 1. Rabies - with a live modified vaccine; and 2. Distemper (2) A certificate of vaccination must be kept description s name a address pt on whi ch is stated date of signature. Upon weight, the , a c animal's name the d AOp demand type of vaccine, and me (rf applicable), signer shall p for made by the Clerk-Treasurer the veterinarian's for e the shall present (s) In examination the certificat the keeper of cases where c ertificate s a not required Police officer, the anima► s ( d, the v � r of the to the ha 1 h days rn vaccination have which to seven Presented, the o deemed a violation Cler k - Treasu rer weer or ation of this or police officer. Present the Section. Failure to do so shall be Control, linnesota health laws and regulations are hereby adopted if cases of have bitten Persons and the animal is rabid or is suspected of be the duty •esses of every physician being rabid. of any person treated for to report to the Police Department the ration deemed bites in helpful in the control of rabies an animal, together with )e the duty of the owner )e the hours of a ny animal to i m mediatel proof person. The owner to the Police De owner of Partment Y' but in al! cases no Prsof of v such animal shall also be Il bites inflicted b accination afd Perti iffor Y the ohee De partment. requi d matio Provide n when warranted or the du pect t of203' eterinarian to repo to the Cf the n to be a rabies sus tY a dia gfosis of any . Updated 9/99 P age 7 o f 23 • Subd. 5 The Police 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 to agents act in good faith to protect the public. Subd. 6 Muzzling. Whenever the prevalence of rabies renders such action necessary,to protect the public health and safety, the Police Department/Mayor shall issue a proclamation ordering every person owning or keeping a dog to confine ti 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 police without notice to the owner. Subd. 7 Whenever an animal has bitten a person and is not destroyed pursuant to Section 24.04, Subd. 5, above or whenever a suspected or know rabid is picked up by an animal control office 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 policeman 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 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 place of 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 removed from such confinement prior to the expiration of ten day period 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 all times, permit the inspection of such animal during the confinement period upon oral request of animal control officers of the police. The owner shall further be responsible for immediately reporting any change in the animals 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 matter so as to prevent the animal for escaping. All openings to the enclosure of shall be locked with a secure locking device, and the animal shall not bee removed from the Animal Ordinance #24 - Updated 9/99 Page 8 of 23 enclosure unless muzzled and on a leash not exceeding six (6) feet 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 been maintained by the owner in a manner consistent with the provisions of this section. - 24. 05 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. (Current Ordinance states wild and exotic animals may be kept within the City with a permit, permit fees and renewal, Council approval, a hearing, and a penalty clause). 24.06 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. 24.07 Impounding. Subd. 1 Running at Large. Any animal running at large is hereby declared a public nuisance. Any police officer may impound any dog or other animal found unlicenced 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 the time specified in Subd. 3, 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 Animal Ordinance #24 - Updated 9/99 Page 9 of 23 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 the County in which this city is located, 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 five regular business days, unless the animal is a dangerous animal as defined under § 24.19 in which case it shall be kept for seven regular business days or the times specified, and except if the animal is a cruelly- treated animal in which case it shall be kept for ten regular business days, unless sooner reclaimed by their owners or keepers as provided by this Section. Immediately on confinement of any animal, reasonable effort shall be made by the impounding official to notify the owner of the animal, of the animal's confinement, and procedures to be followed for reclamation of such animal. Any animal may be redeemed from the pound by the owner upon the payment of the impoundment fee for each day 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. 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 or established from time to time by resolution of the City Council: (1) Payment of a fifty dollar ($50.00) release fee and receipt of a release permit from the police; (2) Payment of maintenance costs, as provided by the pound, per day or any part of day while animal is in said pound; and (3) If a dog is unlicenced, payment of a regular license fee and valid certificate of vaccination for rabies and distemper shots is required. (4) Owner may be subject to additional fees do for any fines enforced by the Chief of Police. Subd. 4 Permissible Return of Unrestrained Dog. Not withstanding the provisions of Section 24.07, Subd.3, 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. Animal Ordinance #24 - Updated 9/99 Page 10 of 23 U....aimed Animals. At the expiration of the times established in Subdivision 3, if al has not been reclaimed in accordance with the provisions of this Section, the :pointed to enforce this Section may let any person claim the animal by complying rovisions in this Section, or the officer may sell the animal, with all funds paid to if Centerville, or cause the animal to be destroyed in a proper and humane nd shall properly dispose of the remains thereof. Any money collected under this :all be payable to the Clerk- Treasurer. ter Title. Title of any animal may be transferred to the animal shelter facility ation of the impoundment period and if the animal has not been claimed by the :e manner required by Section 24.0 Subd. 3 of this Ordinance. eels. °coition of Kennel. The keeping of three or more dogs on the same premises for Jrpose kept, shall constitute a "kennel;" except that a fresh litter of pups may s period of three months before such keeping shall be deemed to be a "kennel." license is required in addition to individual dog licenses. The City Council shall el license upon the following conditions which shall be agreed to by the ;y of an annual kennel license fee in the amount of $25.00 Kennel licenses cember 31 of each year and must be renewed. ennels and the premises used therefore shall be kept in a clean, quiet, orderly condition, so at not to constitute a nuisance as defined. In determining isance exists, consideration shall be give to the kennels location, location of ts, and the general character of the neighborhood. such dogs in excess of two shall be at all times confined in a building or a leash or otherwise under control. and must be in compliance with the City Zoning Code. el as a Nuisance. Because the keeping of three or more dogs on the same eject to great abuse, causing discomfort to persons in the area by way of azard, and general aesthetic depreciation, the condition of the kennel must be 11 times to be in accordance with this Ordinance. 4ultiple Dog Kennel Licenses: of a special multiple dog licenses (kennel license), three (3) dogs over of age may be kept at a licensed premises upon compliance with the s kept on the licensed premises do not create a nuisance by excessive or by creating unsanitary conditions. e 424 - Updated 9/99 Page 11 of 23 (2) Pursuant of a yearly license fee established by Council resolution of by separate ordinance. 24.11 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 three 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 Unauthorized Public Presence. No owner shall permit animal to be present on school grounds, public swimming areas or areas adjacent to public swimming areas, within twenty-five (25) feet of any playground equipment or playgrounds. Subd. 3 Chasing of pedestrian /moving vehicles. To chase vehicles or to molest or annoy any person while away from the property of its owner. Subd. 4 Damage to Property. It shall be unlawful for any person's dog or other animal to damage any lawn, garden, or other property, whether or not the owner has knowledge of the damage. 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. 5 Cleaning up litter/Feces Disposal. The owner of any animal 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, in the following manner: (1) During the period of November 1 through April 30t all feces material shall be removed fro the owner's premises and /or stored in a sanitary manner within seven (7) days /one (1) week. (2) During the period of May 1 through October 31", all feces material shall be removed from the owners property and /or stored in a sanitary manner �r ithin forty eight (48) hours /two (2) days. (3) Objectionable feces odor and /or flies detectable at the adjoining property line shall be deemed a violation of this section. Subd. 6 The owner of any animal shall not permit such animal to be on public property or the property of another without having in their owners 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 a proper disposal receptacle located on the property of the owner. Subd. 7 The provisions of this Section 24.08, Subdivision 2, shall not apply to the ownership Animal Ordinance #24 - Updated 9/99 Page 12 of 23 or use of seeing -eye dogs by blind persons; ownership or use of companion dogs by quadriplegic, paraplegics or other individuals with sever disabilities who are unable to clean up after the companion dog; dogs when used in police activities by the City; or tacking dogs when used by or with permission of the City. Subd. 8 Written Complaint. 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 five (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. Subd. 9 Other. Any animals kept contrary to this Section are subject to impoundment as provided in Section 24.07 24.12 Seizure of Animals. Any police officer or animal control officer may enter upon private property and seize any animal provided that following exist: (1) There is an identified complainant other than the police officer or animal control officer making a contemporaneous complaint about the animal; (2) The officer reasonably believes that the animal meets either the barking dog criteria set out in 24.11; the criteria for cruelty set out in 24.13; or the criteria for an at large animal set out in 24.02 Subd. 1; (3) 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; (4) The officer has made a reasonable attempt to contact the owner of the property and those attempts have either failed or have been ignored; (5) 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; and (6) Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the dog is not possible. 24.13 Human Treatment of Animals. The owner of any animal 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. No person shall beat, torment, tease, or otherwise abuse an animal, or Animal Ordinance #24 - Updated 9/99 Page 13 of 23 permit an animal fight. 24.14 Dog Houses. A person in charge or control of any dog which is kept outdoors or in an unheated enclosure shall provide the dog with shelter and bedding as prescribed in this section as a minimum. (1) The shelter shall include a moisture proof and wind proof structure of suitable size to accommodate the dog and allow retention of the body heat. - (2) Shade from the direct rays of the sun, during the months fo June to September shall be provided. (3) A dog kept on a farm may be provided with access to a barn with sufficient quantity of loose hay or bedding to protect against cold and dampness. (4) All shelters required by this section shall be subject to all building or zoning regulations of any city, township, county or state. 24.15 Guard Dog Warning Signs. A person maintaining a dog for security purposes within the City shall post a sign at all entrances tot he property. Said sign shall be a minimum of 6" x12 ", with letters of contrasting color, a minimum of 2" in height, and a brush stroke of `/2" minimum, with the following words affixed to such sign, "DANGER - GUARD DOG". 24.16 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 human manner within thirty (30) days of such a written notice. 24.17 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, or the animal is threatening imminent harm to any person, or the animal is in the process of attacking any person, the officer may destroy the animal in a proper and humane manner. Otherwise the person or officer may apprehend the animal and deliver it to the pound for confinement under 24.07 If the animal is destroyed, a charge of seventy-five dollars ($75.00) to dispose of the animal is payable by the owner 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 24.07, Subd. 3. Animal Ordinance #24 - Updated 9/99 Page 14 of 23 24.18 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 though 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 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 at least 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. 24.19 Dangerous and Potentially Dangerous Animals: Subd. 1 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 owners expense any animal brought into the City in violation with the previous sentence. Subd. 2 Attack by an animal. The following provisions of the Section 24 shall apply to all animals. It shall be unlawful for any person's animal to inflict or attempt to inflict bodily injury to any person or other animal whether or not the owner is present. This section shall not apply to an attack by a dog under the control of an on- duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home with criminal intent. Subd. 3. 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. In the event the City becomes aware that a dangerous or potentially dangerous animal is owned by 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 animals owner to comply with Minnesota's dangerous dog statute, Minnesota Statutes Section 347. 50. Upon making the determination, the Animal Ordinance #24 - Updated 9/99 Page 15 of 23 police chief shall send a notice to the animals owner via certified mail, return receipt requested, which notice shall provide: (1) That the animal has been classified as dangerous or potentially dangerous; (2) That either the animal must be permanently removed to from the City or that the owner must comply with the requirements of Minnesota's dangerous dogs statute; (3) That the owner may appeal the classification and determination by hand delivering an enclosed appeal form to the police department within fourteen (14) days from the date of the notice; D. 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 Chiefs determination, to comply with the Minnesota dangerous dogs statutes. Subd. 4 Owner Appeal. If the owner of an animal elects to appeal, the appeal shall be referred to the City Council for a hearing. The City Clerk shall notify the owner of such animal by certified mail, return receipt requested, of the time of the hearing at least fourteen (14) days prior to the hearing. The notice shall state that the owner may be represented by legal counsel during such bearing and may provide oral and written testimony. The Council shall maintain an electronic record of the hearing. Subd. 5 Council Declaration of Dangerous Animal. If the city council declares the animal to the dangerous or potentially dangerous, the City Clerk 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 and has ordered either that the animal be permanently removed from the City, with at the owner comply with requirements of Minnesota's dangerous dogs statute, as the case may be. Subd. 6 Police Compliance. The owner of any animal declared dangerous or potentially dangerous must comply with the Police Chiefs or the City Council's order, as the case 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 Clerk's notice. Subd. 7 Failure to Comply. If the owner of an animal has been declared dangerous or potentially dangerous fails to comply with the Police Chiefs or City Council's order, the animal control and /or police shall seize the animal. If the owner was ordered to remove the animal, the seized animal maybe immediately destroyed. If Animal Ordinance #24 - Updated 9/99 Page 16 of 23 the owner was ordered to comply with the Minnesota dangerous dog statute, the seized animal shall be housed at the appropriate animal shelter facility at the owners expense for minimum of seven (7) days, excluding holidays. If the owner of the animal fails to reclaim the animal and to comply with the requirements of the dangerous dog statute within seven (7) days, excluding holidays, animal be destroyed the owners expense. 24.20 Dangerous Animal Enclosures. If the city council does not order the destruction of an animal that has been declared dangerous, the city council may, 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 this Section, where as unprovoked will be defined as a condition in which the animal is not purposely excited, stimulated, agitated or disturbed. (2) 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. The 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. Sidewalis shall have a minimum height of five (5) feet and be constructed of I1 -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 sidewalis 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 sidewalis 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 sidewalis and shall also have no openings in the wire greater than two (2) inches. The gate shall be equipped with a Animal Ordinance #24 - Updated 9/99 Page 17 of 23 device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. 24.21 Designation as potentially dangerous animal. The animal control 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 animal control officer shall cause one (1) owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. Subd. 1 Evidence justifying designation. The animal control officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following: (1) That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal as stated. (2) That the 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. Subd. 2 Authority to order destruction. The 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. Subd. 3 Procedure. The 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 city council for a review of this determination. Animal Ordinance #24 - Updated 9/99 Page 18 of 23 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 city council, which shall set a date for hearing not more than three (3) weeks after demand for the 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 city council shall make an order as it deems proper. The city council may order that the animal control officer take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the animal control officer. C. No person shall harbor an animal after it has been found by to be dangerous and ordered into custody for destruction. 24.22 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. 24.23 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. 24.24 Dangerous Animal Requirements. If the City Council does not order the destruction of animal that has been declared dangerous, the City Council may as an alternative, order any of the following: (1) The owner provide and maintain a proper enclosure for the dangerous animal as specified above. (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; Animal Ordinance #24 - Updated 9/99 Page 19 of 23 (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 ten (10) feet in length. the League's indicates 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; (6) Provides and shows proof of microchip identification as required in the Minnesota Statues. (7) All animals deemed dangerous by the animal control officer shall be registered with the County in which this city is located 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. Subd. 1 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 by serving a summons and petition upon the city and filing it with the district court. 24.25 Reclaiming animals. A dangerous animal seized under subsection 100.12, Subd. 2, 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, Subd. 2, is fulfilled. An animal not reclaimed under this section within fourteen (14) days may be disposed of as provided under section 100.11, Subd. 6, and the owner is liable to animal control for costs incurred in confining the animal. Subd. 1 Subsequent offenses. If an owner of an animal has subsequently violated the provisions under Section 24, with the same animal, the animal must be seized by animal control. The owner may request a bearing as defined in section 24.11. If the owner is found to have violated the provisions for which the animal was seized, the animal control officer Animal Ordinance #24 - Updated 9/99 Page 20 of 23 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 this Ordinance. 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 ? ?? and the owner is liable to the animal control for the costs incurred in confining, impounding and disposing of the animal... 24.26 Summary Destruction Whenever an animal control officer or police officer determines that any animal presents an immediate threat to the safety of any number of public, after making reasonable attempt to impound such animal, said office is hereby authorized destroy such animal in the interests of public safety. 24.27 Penalty for Violations of this Section. Any violation of this Ordinance is a misdemeanor. Each day on which said violation continues shall constitute a separate violation. 24.28 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. 24.29 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 shall be neutered or spayed prior to being transferred to a new owner. 24.30 Enforcing Officer. The Council is hereby authorized to appoint an animal control 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 assistants. The provisions of this chapter may be enforced by any of the following: (1) The primary law enforcement agency of the community. (2) The law enforcement agency contracted with by the city. (3) The animal control officer as designated by the city. (4) The animal control facility contracted with by the city. For the purpose of discharging the duties imposed by this ordinance, an animal control office or overall law enforcement officer is empowered to enter upon private property of another without permission. Animal Ordinance #24 - Updated 9/99 Page 21 of 23 Y 24.34 Penalty Violations of this Chapter Any violation of this Ordinance is a misdemeanor. Each day on which said violation continues shall constitute a separate violation. 24.35 Repealer. On the effective date hereof, Centerville Ordinance No. 24 is repealed. 24.36 Effective Date This ordinance shall take effect and be enforce from and after its passage publication as provided by law. Passed by the City Council this _ day of , 1993. APPROVED: Mayor TomWilharber ATTEST: Jim March - Administrator Animal Ordinance #24 - Updated 9/99 Page 23 of 23 MEMO DATE : September 3, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Firearm Ordinance ****************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The City Council held a public hearing at the first meeting in August to solicit input on the firearm ordinance. No one was in attendance at the public hearing. The City Council chose to send this item back to the Planning and Zoning Committee to allow the new Committee members to have a chance to review the current ordinance. One of the main issues with the current ordinance is that the ordinance does not restrict someone from shooting a bow and arrow on their own property or shooting a single projectile item hie a bb gun. The comments from the Planning and Zoning Committee meeting will be discussed at the Council meeting. • ORDINANCE NUMBER 5 AN ORDINANCE TO PROTECT AND PRESERVE THE PUBLIC'S SAFETY BY REGULATING THE DISCHARGE OF FIRE ARMS WITHIN THE VILLAGE OF CENTERVILLE AND PROVIDING A PENALTY FOR VIOLATION THEREOF. THE VILLAGE COUNCIL OF CENTERVILLE, MINNESOTA DO ORDAIN AS FOLLOWS: SECTION 1: It shall be unlawful to shoot, fire off, discharge or explode any gun, pistol, revolver, or other firearm or device which ejects a projectile, upon or onto: Any road, street, avenue, sidewalk or other public place in this village. SECTION 2: It shall be unlawful to shoot, fire off, discharge or explode any single ball ammunition in the Village except upon ranges permitted by the Village Council. SECTION 3: It shall be unlawful to own or operate a rifle or shooting range in this Village unless a permit therefore be issued by the Village Council. The fee for such permit shall be $15.00 and said fee shall be paid to the Clerk prior to issuance thereof. SECTION 4: Nothing herein contained shall prohibit the use of firearms: a) by duly authorized policemen or law enforcement officers, b) by persons engaged in the lawful defense of person, persons, or property. SECTION 5: 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 ($300.00) or by imprisonment not to exceed ninety (90) days. SECTION 6: This ordinance shall be in effect from and after its passage and publication according to law. Passed by the Village Council this 10th day of October, 1973. WALTER PRACHER, MAYOR ATTEST: LU MARCELLO, CLERK NOT APPROVED CITY OF CENTERVILLE CITY COUNCIL MEETING AUGUST 11, 1999 Pursuant to due call and notice thereof, the City Council of Centerville held it's regularly scheduled meeting on August 11, 1999, at City Hall, 1880 Main Street. PRESENT: Council Member Mari Nelson Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Brousarrd Vickers ABSENT: Mayor Tom Wilharber STAFF: City Administrator, Jim March City Engineer, Tom Peterson City Attorney, James Hoeft I. CALL TO ORDER In Mayor Wilharber's absence, Acting Mayor Dick Travis called the August 11, 1999 City Council meeting to order at 6:00 p.m. II. PUBLIC HEARING Ordinance !�5 - Discharge of Firearm¢ .` Council member Linda Brousarrd Vickers stated the Planning and Zoning Commission discussed the ordinance at their meeting, however no consensus was reached. Council member Vickers also indicated the police department would like the City to take a look at this and make modifications. Bow and arrow shooting was a primary issue. Motion by Council member Vickers, seconded by Council Member Nelson to close the public hearing. Motion carried unanimously. Council member Nelson questioned whether the Planning and Zoning Commission could give City Council their consensus after examining the Firearm Ordinances. Motion by Council Member Nelson, seconded by Council member Vickers to request the Planning and Zoning Commission review the Firearm Ordinance at Page 1 of 5 their next regular meeting, in order to give their recommendation to City Council at the September 8th, 1999 City Council meeting. Motion carriedunanimously. III. APPEARANCES /AWARDS Mr. Gene Houle and Mr. Pat Blum- Plaque Presentation for Park Donations Park and Recreation Chairperson Michael Navin presented Gene Houle with a plaque, thanking him for contributions he has provided to City parks, by creating the signs for Acorn Creek Park, Royal Meadows Park and Eagle Pass Park. Although Mr. Pat Blum was unable to attend the presentation, Mr. March presented a representative of Advanced Concrete, a plaque for their donation of labor and supplies for drilling the holes for the hockey rink at Laurie LaMotte Park. IV. CONSIDERATION OF MINUTES July 28, 1999 City Council Meeting Minutes Motion by Council member Nelson and seconded by Council member Sweeney to approve the July 28, 1999 Council meeting minutes with corrections. Nelson, Sweeney, Travis - aye. Council Member Vickers abstained. Motion carried. V. PAYMENT OF CLAIMS The City of Centerville, July 29 through August 11, 1999 Motion by Council member Sweeney, seconded by Council member Vickers to approve the expenditures for the City from July 29 through August 11 1999. Motion carried unanimously. The Centennial Fire District Motion by Council member Nelson, seconded by Council member Sweeney to approve the Centennial Fire District ratification of expenditures. Motion carried unanimously. VI. SET AGENDA Motion by Council member Sweeney, seconded by Council member Nelson, to approve the agenda. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Page 2 of 5 MEMORANDUM DATE : September 3, 1999 TO Honorable Mayor Wilharber and City Council FROM: Jill Lien, Secretary RE Cooperative Trail Linkage Grant Enclosed, you will find the discussion and motion made by the Park and Recreation Committee regarding the recommendation of the Cooperative Trail Linkage Grant. Update on Anoka CountyLaMotte Trail Grant Mr. March received a letter from the DNR that announced that the City was awarded a Cooperative Trail Linkage Grant in the amount of $7900 for LaMotte Park. This grant will pay for 50% of the costs of linking our park trails in LaMotte Park to the trail system in the regional park. Mr. March has discussed this issue with Mr. John Vondelinde (Anoka County Park Director). It would be beneficial for the City to have the park traisl constructed at the same time as the County paves their trail system. Mr. March will coordinate this issue with the County if the Park and Recreation Committee and the City Council authorizes the acceptance of the grant. Motion by Mr. Porter to recommend to Council the acceptance of the Cooperative Trail Linkage Grant in the amount of $7900 for LaMotte Park. Motion seconded by Mr. Larson. All in favor. Motion carried. MEMO DATE : September 3, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Truth in Taxation Dates ****************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Attached is a letter received from Anoka County. We need to select our dates for our truth in taxation hearing that is held in December. We are not allowed to select dates that conflict with other taxing jurisdictions. I will make some recommendations for dates that would work at our meeting. Please check your calendars for dates that will not work for you in December. COUNTY OF AN P ° } COL DIVISION OF PROPERTY RECORDS AND TA XA T� ON `� = Edward M. Treska, Division Manager �HN Sa GOVERNMENT CENTER , 2100 3RD AVENUE ANOKA, MN 55303 August 20, 1999 Mr. Tom Wilharber Mayor City of Centerville 1880 Main St Centerville, MN 55038 -9794 Dear Mayor Wilharber: The Truth in Taxation law, M.S. 275.065 requires cities to hold a public budget hearing for property taxes payable in the year 2000. The dates for this hearing cannot conflict with the initial hearing set by the county, metropolitan agencies or the school districts located in your city. However, your continuation hearing may conflict with the continuation hearing of another taxing district. These hearings must be held between November 29 and December 20, 1999. The continuation hearing must be at least 5 but no more than 14 business days after your initial hearing. Additionally, Chapter 389, Laws of 1998, requires that the first and second Mondays of December are reserved for use by the cities until September 15. The following taxing districts within your city have set the following hearing dates: TAXING HEARING RECONVENING DISTRICT DATE DATE Anoka County December 2 December 20 Metropolitan Agencies December 1 December 8 SD #12 December 7 December 16 With this information you can now set the initial date for your public hearing and a date for reconvening the meeting, if necessary. In addition, the time and location of the initial meeting, the phone number an interested taxpayer may call and your payable 2000 certified proposed property tax levy is due on or before September 15, 1999. I have enclosed a proposed levy and hearing-date certification form. Affirmative Action / Equal Opportunity Employer If you have any questions concerning the Truth in Taxation process, please contact me at 323 -5438. Sincere Dick Sivanich Manager, Property Tax Support Services Encl. Cc: City Manager /Administrator f /tnt /propcity.doc MEMO DATE : September 3, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : 2000 Budget Preliminary Levy Resolution As discussed at our budget meeting on August 31, the City is required to certify our initial levy amount to the County by September 15th. I will be contacting the County next week to finalize our numbers. I will present a resolution to adopt our initial levy at the meeting. The motion at the budget meeting was to certify an amount to keep our tax rate at .48862. MEMORANDUM DATE : September 3, 1999 TO Honorable Mayor Wilharber and City Council FROM: Jill Lien, Secretary RE Budget and Enterprise Account Enclosed, you will find the discussion and motion made by the Park and Recreation Committee regarding setting up an Enterprise account and the budget request for the year 2000. ;.',Update on budget. balance of Park Dedication fee account. and breakdown of 1999 costs Mr. Larson stated that he and Paul Palzer (Public Works DirBuiiding Official) drove around the city to look at and discuss the parks in Centerville. There are several issues that need to be taken into consideration. Mr. Larson would like to see the budget increased. Ms. Lien suggested the Park and Recreation Committee establish an Enterprise account so that if there are funds left at the end of the year, they can be rolled over into the next year. As it currently is, any funds left at the end of the year, are lost. Ms. Lien mentioned that the Park and Recreation Committee might want to consider at some point in the future, adding a Park and Recreation Director or a part time Park and Recreation person who can maintain and follow up with issues such as park maintenance, rink attendants and/or activities for the youth. If the committee anticipates any of these things, they will want to increase the budget to cover them all. Mr. Navin didn't feel the City is ready to promote youth activities through a Park and Recreation Director. It takes a lot of time and work organizing activities for children. Adding, the City needs the resources and the location to have these types of events. Lino Lakes offers many opportunities for the youth, and it is very close by. Mr. Sweeney suggested sometime in the future, the Park and Recreation Committee may want to consider hiring a Park and Recreation Director. Motion by Mr. Larson to set up an Enterprise account in the amount of $50,000 for the year2000 budget. Motion seconded by Mr. Porter. All in favor. Motion carried. Mr. Navin requested each member bring back their list of priorities for each park in Centerville to support the request for a $50,000 budget. r MEMORANDUM DATE : September 3, 1999 TO Honorable Mayor Wilharber and City Council FROM: Jill Lien, Secretary RE Schweitzer Request for Temporary Closure of 73' Street Mike and Debbie Schweitzer of 1822 73 Street are requesting a very small portion of 73'" street from Old Mill Road to Mill Road be closed from 4 p.m. to 10 p.m. on Saturday, September 18. The request is for a baptism of two of their children, with a celebration pig roast afterward. Please see attached letter. 1822 73rd Street 8/26/99 Centerville, MN 55038 Honorable Mayor and City Council • City of Centerville 1880 Main Street Centerville, MN 55038 Dear Mayor and Council, On Saturday, September 18th, we are going to baptize our two children, ages 2 & 3 at St. Genevieves Church in Centerville at the 4:30 mass. Immediately following the mass we are going to have a pig roast to celebrate the event. We will have approximately 30 - 40 guest including our neighbors. We would like your permission to "block off" a short section of 73rd Street. The area in request lies between Mill Road and Old Mill Road. The occupants of the homes that this closure would affect are actively involved in the celebration. (Only two other homes). Most guest we are inviting, including parishioners, all have small children. With play areas on both sides of the street it could lead to an unsafe situation. As you are probably aware many younger people use 73rd Street as an alternate route to avoid going through town. On Saturday night we usually get numerous cars headed to Waterworks Bar. We would like to block off the street from 4pm to 10 pm. (As a side note we are going to fly in our in -laws from England to join in the celebration. My mother in -law would be out in the road directing traffic if she even thought there might be an accident on the way.) Thank you for your consideration in this matter, Mike and Debbie Schweitzer �� &s3 -8%9 MEMO M DATE : September 3, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Capra Utilities Included in your packet is a blank invoice and a copy of a letter received from Capra Utilities. Capra Utilities is claiming they repaired some utilities while performing some work for property owners in the Parkview Addition. They have included some photos along with their correspondence. Apparently, Dan Schluender (construction observer from Bonestroo) witnessed the work that is being claimed by Capra Utilities. I have asked Mr. Peterson to be prepared to discuss this issue at the meeting and make a recommendation to Council on how to resolve this issue. Capra Utilities is claiming that Bovine Construction or some other sub - contractor is responsible for the faulty workmanship. CAPRA'S UTILITIES, INC. JUL 6199 4120 Isle Ave. North Billing Stattee ment LAKE ELMO, MINNESOTA 55042 PAGE 1 of 2 Phone: 779 -9443 BILL TO: PHONE: DATE: CITY OF CENTERVILLE 429 -3232 7 -13 -99 STREET: JOB NAME: 1880 MAIN ST 6970 MEADOW CIRCLE CITY, STATE AND ZIP CODE: JOB LOCATION: CENTERVILLE, MN 55038 CENTERVILLE, MN 55038 ARCHITECT: DATE OF PLANS: JOB PHONE: Description of Work: ON MAY 11th, 1999 WE INSTALLED A NEW SEWER AND WATER LINE FROM THE BASEMENT TO THE PROPERTY LINE STUBS, AT 6970 MEADOW CIRCLE. ON JULY 6th, 1999 WE WERE CALLED BY ACKERMAN CONSTRUCTION, AND WE WERE TOLD THIS SEWER WAS BACKED UP. THEY HAD MIDWAY SEWER OUT THE DAY BEFORE TO SNAKE OUT THIS LINE. THEY SAID THAT THEY COULD NOT OPEN THE SEWER LINE. THEN I CALLED DRAIN KING OUT TO THE JOB AND MET THEM THERE TO JET OUT THE SEWER LINE. AFTER JETTING OUT THIS LINE THE SEWER PIPE WAS STILL PLUGGED. ON JULY 7th , 1999 WE DUG UP THE DRAIN LINE AT THE PROPERTY LINE. WE FOUND THIS PIPE WAS SEPARATED OUTSIDE OF THE PROPERTY LINE. THIS LINE HAD A GASKETED 45 DEGREE ELBOW ABOUT 4 FEET OUT FROM WERE WE TIED INTO THE PROPERTY LINE STUB. THIS 45 DEGREE ELBOW SHOULD HAVE BEEN A GLUED ELBOW THIS WOULD HAVE BEEN A MUCH MORE PERMANATE JOINT. WE SHOWED THIS PIPING TO DAN SCHLUENDER FROM BONESTROO. HE TOLD US THAT THEY HAVE HAD LOTS OF TROUBLE WITH THESE GASKETED ELBOWS TOTAL MATERIALS: $ TOTAL LABOR: PERMIT FEES: TAX: TOTAL AMOUNT: $ 1 1/2% per month charge on accounts over 30 days. Capra's Utilities, Inc. JUL 2 3 1999 Specializing in Sewer, Water, and Excavating 4120 Isle Avenue N. Lake Elmo, MN 55042 (612) 779 -9443 FAX 770 -4957 JULY 19, 1999 CITY OF CENTERVILLE 1880 MAIN ST CENTERVILLE, MN 5038 ON JULY 15th, 1999 WE DUG UP AND INSTALLED NEW SEWER AND WATER LINES AT 1763 MEADOW LANE. THE SEWER AND WATER LINES WERE RAN FROM THE BASEMENT TO THE PROPERTY LINE STUBS. WHEN WE DUG UP THE STUBS AT THE PROPERTY LINE. WE WERE SEVEN FEET DEEP AND FOUND A WOODEN STAKE IN FRONT OF THE SEWER STUB. WE HAND DUG BY THIS STAKE AND FOUND A 4 INCH P V C RISER AND CAP. WE CUT OFF THE CAP AND LAMPED DOWN THE RISER PIPE WITH A LIGHT. WE COULD SEE DIRT IN THE PIPE AT THE 45 DEGREE ELBOW. THIS ELBOW WAS ABOUT 4 FEET BELOW THE CAP. WE TIED ON TO THE CURB STOP WITH A SHORT PIECE OF COPPER AND FLUSHED OUT THE ELBOW. AFTER FLUSHING THIS OUT WE LOOKED DOWN THE 4 FOOT RISER PIPE AND COULD SEE THAT THE RISER HAD MOVED OFF TO THE SIDE OF THE 45 DEGREE ELBOW. WHEN WE NOTICED THE RISER HAD SEPARATED FROM THE ELBOW THIS AREA WAS NOT YET EXCAVATED BY US, WE HAND DUG INTO THE BANK AND LOOKED DOWN THE PIPE. THIS DAMAGE HAD TO HAVE BEEN DONE AT THE TIME OF BACKFILLING THE PROJECT. DAN SCHLUENDER FROM BONESTROO WAS THERE AND SAW THAT THE DAMAGE WAS DONE PRIOR TO OUR EXCAVATING. THE PUBLIC WORKS INSPECTOR HAD SEEN THIS AS WELL AND SAID IT WAS NOT OUR FAULT. WE ENCOUNTERED THIS SAME PROBLEM AT 6970 MEADOW CIRCLE. WE WOULD GREATLY APPRECIATE YOUR ATTENTION TO THIS MATTER. THANK YOU, ERNEST L CAPRA JR Licensed- Bonded - Insured Capra's Utilities, Inc. 4120 Isle Avenue North Lake Elmo, MN 55042 M w *4 , .Y. ? / z 1 , 1 E;.ryf- d -nom See By ... 41 . 41 yr It; 1 1 V .-i �4 y. • 4 • f 2 t , A ** • ' y '�f t Y ft.'. q'-�I` A^ jai i l ;5 Fa M t 1. ID MEMORANDUM DATE : September 3, 1999 TO Honorable Mayor Wilharber and City Council FROM: Jill Lien, Secretary RE Park and Recreation Committee Member Vacancy Recommendation Enclosed, you will find the discussion and motion made by the Park and Recreation Committee regarding the recommendation of Karla DeVine for the vacancy on the Park and Recreation Committee board. Park and Recreation Committee Member Recommendation / Interviews The Park and Recreation Committee met with four candidates for the vacancy on the Park and Recreation Committee board. The candidates names are as follows: Monica Travis, Rick Terway, Paul Montain and Karla DeVine. Motion by Mr. Navin' to recommend Ms. Karia DeVine to 511 the vacancy on the Park and Recreation Committee to the City Council. Motion seconded by Mr. Porter. All in favor. Motion carried. • Si t eryttite 1880 Main Street • Centerville, MN 55038 Established 1857 (651) 429 -3232 • Fat (651) 429 -8629 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA RESOLUTION 99 - 11 SCHEDULE OF RECOMMENDED TRANSFERS WHEREAS, the Centerville City Council met at its regularly scheduled meeting date of September 8 1999; and WHEREAS, the Centerville City Council discussed the debt service analysis and recommendation by Abdo, Abdo, Eick and Meyers to transfer funds; and WHEREAS, the City of Centerville HAS conducted a debt analysis investigation; and WHEREAS, the transference of funds recommended by Abdo, Abdo, Eick and Meyers appears to take into consideration the best interest of the City of Centerville; NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CENTERVILLE approves the transference of funds as recommended by Abdo, Abdo Eick and Meyers as follows: Fund 303 - Flood Plains Reduction Debt Service Transfer from 401 Flood Plains Reduction Capital Project $139,100 Fund 303 - 1979 Improvements Transfer from 306 Centerhill Improvements Debt Service 50, 000 Fund 304 - 1987 Improvements Transfer from 101 General Fund 55,000 Transfer from 306 Centerhill Improvements Debt Service 57,389 Transfer from 428 Centerhill Third Addition Capital Project 70,000 Fund 305 - Municipal Water Improvements Transfer from 404 TIF Project Capital Project 252,328 Fund 307 - Centerhill Second Addition Transfer from 428 Centerhill Third Addition Capital Project 4,335 • Fund 310 - 1992 Improvements Transfer from 428 Centerhill Third Addition Capital Project 32,000 • Fund 311 - 1993 Acorn Creek Improvements Transfer from 412 1993 - 2 Acorn Creek Capital Project 49,537 Transfer from 401 Flood Plain Reduction Capital Project 35,000 Fund 315 - Municipal Building Transfer from 101 General Fund 45,000 Transfer 410 Flood Plain Reduction Capital Project 2,944 Fund 319 - Clearwater Meadows Transfer from 419 Clearwater Meadows Capital Project 6,512 Fund 325 - Elementary School Water Extension Transfer from 425 Elementary School Capital Project 59,277 Transfer from 428 Centerhill Third Addition Capital Project 21,005 Transfer from 401 Flood Plaines Reduction Capital Project 13,015 Fund 416 - Senior Housing Transfer from 601 Water Enterprise Fund 38,628 Transfer from 602 Sewer Enterprise Fund 16,553 WHEREAS, the following funds should be closed after the transfers have been made: Fund 305 - Municipal Water Improvements Fund 306 - Centerhill Improvements Fund 307 - Centerhill Second Addition Fund 310 - 1992 Improvements Fund 401 - Flood Plains Reduction Fund 428 - Centerhill Third Addition Fund 410 - Municipal Building Project Fund 412 - 1993 - 2 Acorn Creek Fund 419 - Clearwater Meadows Project Fund 425 - Elementary Water Extension Fund 416 - Senior Housing Approved by the Centerville City Council on September 8, 1999. Tom Wilharber, Mayor ATTEST: Jim March City Administrator Y